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Home My WebLink About930318.tiff RESOLUTION RE: APPROVE OFF-SITE AND ON-SITE IMPROVEMENTS AGREEMENTS ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS - LIND LAND COMPANY 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, by Resolution on November 18, 1992, the Board did grant Final Planned Unit Development Plan and Site Specific Development Plan for Lind Land Company, and WHEREAS, the Board has been presented with an Off-Site Improvements Agreement According to Policy Regarding Collateral for Improvements, and WHEREAS, the Board has been presented with an On-Site Improvments Agreement According to Policy Regarding Collateral for Improvements, and WHEREAS, after review, the Board deems it advisable to approve said agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Off-Site Improvements Agreement According to Policy Regarding Collateral for Improvements presented by Lind Land Company be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the On-Site Improvements Agreement According to Policy Regarding Collateral for Improvements presented by Lind Land Company be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following ote on the 14th day of April, A.D. , 1993. /0 /h� ,�/Q/,JM BOARD OF COUNTY COMMISSIONERS ATTEST: y? / t� ��2""""( WELD, COUNTY, COLORADO Weld County Clerk to the Board ( 4¢%26k ,T/Yr-e--" ConssttanceL.L. Harb rt, Chairman BY: 7y/�_� - l ,J,'{t / , Deputy Clerk to the d W. Ii bster, PrrP-Tem AP D AS TO FORM: t.— c , ‘ orge . Baxter County Attor ey Dale K. Hall Barbara J. Kirkmey r 930318 PL0867 PLD117 /L , tine', /Bent-, ct/ ON SITE IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS AR2330078 /}THIS AGREEMENT, made and entered into this / `I --day of , 1993, by and between the County of Weld, State of Colorado, acting through its Board of County Commissioners, hereinafter called "County", and Lind Land Company, hereinafter called "Applicant" . WITNESSET H: WHEREAS, a final PUD subdivision plat of said property, to be known as Wind Song Ranch has been submitted to the County for approval as set forth in Exhibit "C" and, WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and the acceptance and approval of said final plat, the parties hereto promise, covenant and agree as follows: 1. 0 Engineering Services: Applicant shall furnish, at its own expense, all engineering services in connection with the _ design and construction of the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1. 1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado, and shall conform to the standards and criteria established by the County for public improvements. 1. 2 The required engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1. 3 Applicant shall furnish drawings and cost estimates for roads within the subdivision to the County for approval prior to the letting of any construction contract. Applicant shall furnish one set of reproducible "as- built" drawings and a final statement of construction cost to the County. 1 B 1380 REC 02330078 04/22/93 16 :05 $0 .00 1/015 F 0146 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO J2142 2 . 0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights- of-way and easements on all lands and facilities traversed by the proposed improvements. 3 . 0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a part hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3 . 1 Said construction shall be in strict conformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. 3 . 2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3 . 3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's _ expense. 3 . 4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3 . 5 Said subdivision improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B" . The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4 . 0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits, actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on 2 B 1380 REC 02330078 04/22/93 16 :05 $0 .00 2/015 F 0147 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of County or its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts of the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workmen' s compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5. Approval of Streets by County: Until such time as the streets are accepted by the County, all upkeep and maintenance, including snow removal of all streets within the PUD shall be the responsibility and liability of the Homeowners Association. Upon compliance with the following procedures by the Applicant, streets within the PUD, may be approved as completed by the County. 5. 1 If desired by the County, portions of street improvements may be placed in service to the public when completed according to the schedule shown on Exhibit "B" , but such use and operation shall not constitute an acceptance of said portions. 5.2 County may, at its option, issue building permits for construction on lots for which street, improvements - detailed herein have been started but not completed as shown on Exhibit "B" , and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 5. 3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the Applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners preliminarily approve them as completed. Not sooner than nine months after preliminary approval of streets, the County Engineer shall, upon request by the Applicant, inspect the subject streets, and notify the Applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the Applicant (s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to this Agreement, he shall recommend final approval of the 3 B 1380 REC 02330078 04/22/93 16:05 $0 . 00 3/015 F 0148 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO pp streets. Upon receipt of a positive unqualified recommendation from the County Engineer for final approval of streets within the development, the Board of County Commissioners shall finally approve said streets unless there is a preponderance of evidence presented showing non-compliance. 5. 4 It is currently contemplated that all construction, repair and maintenance, including snow removal of the streets within the PUD will be the responsibility initially of the Lind Land Company and then the Wind Song Ranch Homeowners Association. This shall not preclude application to the Board of County Commissioners for acceptance of the dedicated streets until such time as the Board of County Commissioners by formal resolution, accepts those streets. The Board of County Commissioners shall have no obligation to maintain, build or repair or provide snow removal on said streets within the PUD. 6. 0 General Requirements for Collateral: 6. 1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval, the Applicant shall indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been - submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An Applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the Applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the Agreement not renewed within these time frames, the County, at its discretion, may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 4 B 1380 REC 02330078 04/22/93 16 :05 $0 .00 4/015 F 0149 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO in")a° 6. 2 The Applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The Applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. 6. 3 The Applicant intends to develop in accordance with Exhibits "A" and "B" . 7. 0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 7 . 1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state the following: The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6, 0 and Exhibits "A" and "B" . The Letter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. • The Applicant may draw from the Letter of Credit in accordance with the provisions of this policy. • The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e. , streets, sewers, water mains and landscaping, etc. ) . The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the Agreement and its cost estimates. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 5 B 1380 REC 02330078 04/22/93 16 :05 $0 .00 5/015 F 0150 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ▪ The Letter of Credit shall specify that the date of proposed expiration of the Letter of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said Letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners 7. 2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: • In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested M.A. I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all cost of sale of the property. ▪ In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in - its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvement Agreement plus all costs of sale of the property. • A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 7 . 3 Escrow Agreement that provides at least the following: • The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. . The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the Agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. • The escrow agent will be a Federal or State licensed bank or financial institution. 6 B 1380 REC 02330078 04/22/93 16 :05 $0 .00 6/015 F 0151 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO •, If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 7 . 4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement. 7 . 5 A cash deposit made with the County equivalent to 100% of the value of the improvements. 8 . 0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 8. 1 The Engineer or his representative has made regular on- site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 8. 2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual. 8. 3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 8.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 8 . 5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 7 9 © ."+.9 E 1380 REC 02330078 04/22/93 16 :05 $0 .00 7/015 F 0152 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 8 . 6 The requirements in 8. 0 thru 8.5 shall be noted on the final construction plans. 8.7 Following the submittal of the Statement of Substantial Compliance and recommendation of approval of the streets the Applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 8 .8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of 10% of the value of the improvements as shown in this Agreement excluding improvements fully approved by the responsible governmental entity, special district or utility company. It is the intent that the Warranty Collateral, represents ten percent (10%) of the value of the street improvements only. 8 .9 The warranty collateral shall be released to the Applicant upon final approval by the Board of County Commissioners. It is the intent that the Warranty Collateral, shall be released on or before twelve (12) months following the completion of the construction of the streets. 9 . 0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors, personal representatives, successors and assigns of the Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTIS!I F , c a„ Welds _ my 'Clia k to - d uz.� J �/ t the / /L G.e�G'YL 4. By: Deputy Clerk o t e Boa • O44/q43 ^ p 8 9":V0° _J B 1380 REC 02330078 04/22/93 16 :05 $0 .00 8/015 F 0153 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO APPLIC LI • C. By: LI Mart n 1 d, President • Subscribed and sworn to before me this [3 day of .4Q, J.,!1___ 1993 . l L/ My commission expires: / / D� (7. �3, 129T ;;oo�lp1°� .-0 atifex_ �/)// :� °non re Public "?y 't, bko ;1 .04 B 1380 REC 02330078 04/22/93 16 :05 $0 .00 9/015 F 0154 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9 ``,, 92M's_3 EXHIBIT "Au Name of Subdivision: Wind Song Ranch Filing: First Location: Part of the NE/4 , Section 8 , T5N, R67W, Weld County Intending to be legally bound, the undersigned Applicant hereby agrees to provide through this subdivision and as shown on the subdivision final plat dated , 19 , recorded on , 19 , in Book , Page No. Reception No. , the following improvements. (Leave spaces blank where they do not apply. ) Estimated Improvements Unit Cost Construction Cost On Site Street grading 13 , 000. 00 Street base included below Street paving 62 , 000. 00 Curbs, gutters and culverts 2 , 550. 00 Sidewalk - Storm sewer facilities 2, 000. 00 Retention ponds (including fire protection pond) 3 , 000. 00 Ditch improvements - Subsurface drainage - Sanitary sewers - Trunk and forced lines - Mains - Laterals (house connected - On-site sewer facilities - On-site water supply & storage Water mains Fire hydrants Included above Survey & street monuments and boxes 6, 500. 00 Street lighting - Street name signs Fencing requirements Landscaping Entrance Park improvements Outlot B SUB-TOTAL 89, 050. 00 10 B 1380 REC 02330078 04/22/93 16 : 05 $0 .00 10/015 F 0155 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 0"x®11.9 Engineering and Supervision Costs 6% 5343 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $94, 393 The above improvements shall be constructed in accordance with all County Requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B" . LIND LAND COMPANY By: Mar in Lind, President ATT ST ecretary Date: , 1993 . B 1380 REC 02330078 04/22/93 16:05 $0 .00 11/015 F 0156 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 11 930?'_9 EXHIBIT "A" Name of Subdivision: Wind Sons[ Ranch Filing: First Location: Part of the NE/4, Section 8 . T5N. R67W, Weld County Intending to be legally bound, the undersigned Applicant hereby agrees to provide through this subdivision and as shown on the subdivision final plat dated , 19 , recorded on , 19 , in Book , Page No. Reception No. , the following improvements. (Leave spaces blank where they do not apply. ) Estimated Improvements Unit Cost Construction Cost On Site Street grading 131000.00 Street base included below Street paving 62,000.00 Curbs, gutters and culverts 2, 550.00 Sidewalk - Storm sewer facilities 2,000.00 Retention ponds (including fire protection pond) 3 ,000.00 Ditch improvements -Subsurface drainage - Sanitary sewers - Trunk and forced lines - Mains - Laterals (house connected - On-site sewer facilities - On-site water supply & storage Water mains Fire hydrants Included above Survey & street monuments and boxes 6, 500.00 Street lighting - Street name siqns Fencing requirements Landscaping Entrance Park improvements Outlot B SUB-TOTAL 89, 050. 00 10 B 1380 REC 02330078 04/22/93 16:05 $0.00 12/015 F 0157 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO Co .. S Engineering and Supervision Costs 6% 5343 (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $94 , 393 The above improvements shall be constructed in accordance with all County Requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B" . LIND LAND COMPANY By: Martin nd, President 4:F‘57.2% A ' ES : ecretary Date: , 1993 . 11 B 1380 REC 02330078 04/22/93 16 :05 $0 . 00 13/015 F 0158 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO pp fl*O 119 EXHIBIT HEM Name of Subdivision: Wind Song Ranch Filing: First Location: Part of the NE/4, Section 8, T5N, R67W, Weld County Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Wind Song Ranch Subdivision, dated , 19 , Recorded on 19 , in Book , Page No. , Reception No. the following schedule. All improvements shall be completed within Five years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply. ) Improvements Time for Completion Street grading May, 1993 Street base July, 1993 Street paving Sept. 1993 Curbs, gutters and culverts June, 1993 Sidewalk Storm sewer facilities Nov. 1993 Retention ponds (including fire protection pond) Nov. 1993 Ditch improvements Nov. 1993 Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage June, 1993 Water mains June, 1993 Fire hydrants June. 1993 Survey & street monuments & boxes Aug. -Nov. 1993 Street lighting Street name signs Aug. 1993 Fencing requirements Sept. 1993 Landscaping April . 1994 Park improvements 50% of lot sales Bridle path 50% of lot sales B 1380 REC 02330078 04/22/93 16 :05 $0.00 14/015 F 0159 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ECi4 hC 1 5x Ib$T C. .ESCRIPTIQj1 PART OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION EIGHT (8), TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER (NE COR) or SAID SECTION EIGHT (5) AND CONSIDERING THE EAST UNE OF SAID SECTION EIGHT (8) AS BEARING NORTH 00'00'OO' WEST WITH ALL OTHER 9EARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89'25'28" WEST (SOUTH 89'24'21' WEST MEAS.), 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00'00'OO" EAST, 1,401.55'; THENCE SOUTH 8955'34" WEST, 1,838.07 FEET; THENCE SOUTH 88'39'13" WZST, 256.25 FEET (263.16 FEET MEAS.) TO A POINT ON THE EAST RIGHT OF WAY UNE OF THE GREAT WESTERN ' RAILROAD; THENCE ALONG SAID RIGHT OF WAY UNE THE FOLLOWING FOUR COURSES; NORTH 35'31'34' EAST, 846.30 FEET NORTH 35'51'124 EAST, 534.11 FEE; MEAS.); THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 1,392.7 ANO WHOSE LONG CHORD BEARS NORTH 58'1O'24' EAST, 966.92 FEET (NORTH 56'09'47' EAST, 966.73 FEET MEAS.); I. THENCE NORTH 76'29'2e EAST (NORTH 76'26'124 EAST MEAS.), 507,00 FEET; THENCE ALONG A GURvE TO THE LEFT WHOSE RADIUS 15 1,950.1 FEET MD WHOSE LONG CHORD BEARS NORTH 71'41'18' EAST, 331.82 FEET (NORTH 71'10'53" EAST, 359.46 FEET MEAS.) TO THE NORTH UNE OF THE NORTHEAST QUARTER OF SECTION 8; THENCE ALONG SAD UNE NORTH 89'24'36" EAST, 190.4 FEET (NORTH 89'24'21' EAST, 172.96 FEET MEAS.) TO THE TRUE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 47,04 ACRES, MORE OR LESS AND IS SUBJECT TO ANY RIGHT OF WAY OR EASEMENTS AS RECORDED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID PARCEL OF LAND, • B 1380 REC 02330078 04/22/93 16 :05 $0 .00 15/015 F 0160 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FEB 9 '93 1O35 FROM WELD CO TREASURER TO 3536712 PAGE.002i010 AR2 IaCU?? OFFSITE IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,7 THIS AGREEMENT, made and entered into this / day of L/Nn4j,f(LC.Cq /q73 , by and between the County of Weld, State of Colorado, acts- g through its Board of 7 LAND Commissioners, hereinafter called "County". and LIND P�'I�YHANYY hereinafter called "Applicant". WITNESSETH: WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Wald, Colorado: See Exhibit "C" Attached hereto WHEREAS, a final subdivision plat of said property, to be known as has been submitted to the County for approval; and WHEREAS, Section 11-1 of the Weld County Subdivision Regulations provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans, plats and supporting documents of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW, THEREFORE. IN CONSIDERATION OF the foregoing and of the acceptance and approval of said final plat, the parries hereto promise, covenant and agree as follows: 1.0 Enrineerine Services: Applicant shall furnish, at its own expense, all engineering services in connection with the design and construction of the offsite XagiBekieketaancimprovemenrs listed on Exhibit "A" which is attached hereto and made a part hereof by this reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado. and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but nor be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. ,offsite 1.3 Applicant shall furnish drawings and cost estimates for/roads ctiggapolyamnxto the County for approval prior to the letting of any construction contract. Before acceptance of the roads #BXHSHDMIS€ by the County, Applicant shall furnish one sec of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the subdivision improvements listed on Exhibit "A" which is attached hereto and made a parr hereof by this reference, according to the construction schedule set out in Exhibit "B" also attached hereto and made a part hereof by this reference. 3-I- Said tonstsactim. shall he ia ats icl conformance to the plans and - 1 1 ••e County auu , ,,e apetaficaclens adupted by the 1 B 1380 REC 02330077 04/22/93 15 :33 $0 .00 1/010 F 0136 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO CI,`"(3'74 1� yy 71 FEB 9 '93 10:35 FROM WELD CO TRERSURER TO 3536712 PAGE.003/010 w_le Ge._we> __ l.,e,.e..1 i.. ...., _dj.__....e ___..ej , ti._ Ar,.11.- - - -hell •s ~ isend eta ed x ' tkese ■ae!sek-ex"sae =kcs=p3as=ss�e=ds aiepe• £ek iu ehe _._..I. _..i _ . . ` ..._ ck 3.2 Applicant shall employ, at its own expense, a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Applicant's expense. Any material or work nor conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 The Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. Off site 3.5 Said >subissermatocc improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit "B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 gelease of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits, actions or claims of every nature and description _ caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit. action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of county or its officers, agents, employees or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the county or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate workman's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 off-Sire Imnrnvemenre Reimbursement Procedure: The subdivider, applicant, or owner may be reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the subdivision are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision_ 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior co recording the final plat when the subdivider, applicant, or owner expects CO receive reimbursement for part of the cost of the o££-site improvements. 5.2 The off-site improvements agreement shall contain the following: The legal description of the property to be served. - The name of the owner(s) of the property co be served. A description of the off-sire improvements to be completed by the subdivider, applicant, or owner. • The total cost of the off-sire improvements. 9 0 • 2 B 1380 REC 02330077 04/22/93 15 :33 $0 . 00 2/010 F 0137 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FEB 9 '93 10:36 FROM WELD CO TREASURER TO 3536712 PRGE.004i010 The total vehicular trips to be generated at build-out by the subdivision. or resubdivision, as specified by the ITE Trip Generation Manual, or by special study approved by the Board of County Commissioners. - A time period for completion of the off-site improvements. - The terms of reimbursement. - The current address of the person to be reimbursed during the term of the agreement. - Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement, the subsequent subdivider, applicant, or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total costs of improvements , less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted co the Department of Planning Services prior to recording the final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant, or owner of a subdivision or resubdivision using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use — the road improvement. The amount of road improvement cost shall also consider inflation as measured by the changes in the Colorado Construction Cost Index used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements_ 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a subdivision or resubdivision will 'generate shall be decided by the County Engineer. 5.7 The term for which the subdivider, applicant, or owner is entitled to reimbursement under the off-site improvements agreement, entered into between the subdivider and the county, is ran years from the date of execution of a contract for road improvements. 5.8 This provision is nor intended co create any cause of action against Weld County or its officers or employees by any subdivider, applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the monies to be reimbursed by the subsequent subdividers, applicants, or owners. off-site 6.0 Acceptance of Streets for Maintenance bd the County: Upon compliance with the following procedures by the Applicant, streets criesteimmemeedmiteeketern may be accepted by the County as a part of the County road system and will be maintained and repaired by the County. (i p 3 aDe t 8 B 1380 REC 02330077 04/22/93 15 :33 $0 .00 3/010 F 0138 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FEB 9 '93 10:37 FROM WELD CO TRERSUREk TO 3536712 PAOE.005i010 6. 1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit 'B", but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B", and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. off-site 6.3 Upon completion of the construction of streets within a-subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its streets and recommend that the Board of County Commissioners 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. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicanc(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s) that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards, he shall recommend acceptance of streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets '..d! .n-' A ' the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement_ Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral he prefers to be utilized to secure the improvements subject to final approval by the Board of County Commissioners and the execution of this Agreement. Acceptable , collateral shall be submitted and the plat recorded within six (6) months of the Final Plat approval. If acceptable collateral has not been submitted within six (6) months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one (1) year after the Final Plat approval (not one year after acceptable collateral is submitted) unless the applicants) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of 100% of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County, at its discretion. may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. The applicant would need only to provide collateral for the improvements in each filing as approved. The County will place restrictions on chose portions of the property that are not covered by collateral which will prohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the requirements for a Request for Release of Collateral. QQ 4 =J®''?A J B 1380 REC 02330077 04/22/93 15 :33 $0 .00 4/010 F 0139 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FEB 9 '93 10:37 FROM WELD CO TRERSURE TO 3536712 PRGE.006i010 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B". 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on a form approved by Weld County_ The letter of credit shall state at least the following: The Letter of Credit shall be in an amount equivalent of 100% of the total value of the improvements as set forth in Section 6.0 and exhibits "A" and "B" . The Latter of Credit shall provide for payment upon demand to Weld County if the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. - The issuer of the Letter of Credit shall guarantee that at all times the unreleased portion of the Letter of Credit shall be equal to a minimum of 100% of the estimated costs of completing the uncompleted portions of the required improvements, based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements Agreement (i.e. , streets, sewers, water mains and landscaping, etc.)_ The issuer of the letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. The Letter of Credit shall specify that 15% of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. The Letter of Credit shall specify that the date of proposed expiration of the Lector of Credit shall be either the date of release by Weld County of the final 15%, or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that, in any event, the Lacier of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk co the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested H_A_I. member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. In the event property other than the property to be developed has been accepted as collateral by Weld County, then an appraisal is required of the property by a H.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 100% of the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property.l'l e B 1380 REC 02330077 04/22/93 15 :33 $0 .00 5/010 F 0140 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FEB 9 '93 10:38 FROM WELD CO TREASURER TO 3536712 PRGE.007/010 - A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. - A building permit hold shall be placed on the encumbered property. 8.3 Escrow Ayreeme r that provides at least the following: - The cash in escrow is at least equal to 100% of the amount specified in the Improvements Agreement. The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Board. - The escrow agent will be a Federal or State licensed bank or financial institution. If the County of Weld County determines there is a default of the Improvements Agreement, the escrow agent, upon request by the County, shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100% of the value of the improvements as specified in the Improvements Agreement_ 8.5 A Sash denncir made with the County equivalent to 100% of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following; 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Highway Schedule for minimum materials sampling, testing and inspections found in CDOH Materials Manual. 9.3 "As built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project "as built" is in substantial compliance with the plans and specifications as approved or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.0 9.5 9.6 The requirements in thru Akgk shall be noted on the final construction plans. 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, she applicant(s) may request release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 6 nii '2"w B 1380 REC 02330077 04/22/93 15 :33 $0 .00 6/010 F 0141 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FEB 9 '93 10:38 FROM WELD CO TREASURER TO 3536712 PROE.008/010 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of lOX of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, i 1 strict or ti ity tom a y.Tt s int t th t the Warr t o O �o�±piatere L repl1'Vesen 's lien percent (10) o tle value o the scree y ,1 0 9.9 The warranty on shall be released to the applicant upon final acceptance by the Board of County Commissioners for full maintenance N O ` under Section 5.3 herein. It iS the intent that the Warranty Collateral c.) represents ten percent (10%) of the value of the street improvements only. Q tO*Ot-Rublie-Sires-awd-Open-Sparest--_Aaen-she--8oasd--a€-aunty- Cswaisaieners- a 0 W 03 . ' 'L..L i3O. ers+rl-a-�.....j- rattily eyes e+senehe a ® nha= 0 W 1,. ., L1.,... LLU.:.lc.-la'r-lmintas .vo C :.. ti , Dn.. -%-1"r er r.- ca booJ., d_ vi- g a oa' sitsi naeic..,, o. t., „p.._1Ctat in the PUD plan, if s•"y: 0 0 W . el -. a f the Weld-Co....t, O..L3i.la₹.,..--R,--s.aleci..1.. .1.s;l b•. d..d-ieaeed __ ant in ri a __-A L, el._ C _..ty ... ,_..Level W di..t.l...x Oi U - - e Weld C.,.aalty 9ubdtvieteis RegalaLioua An he ....... ,U .L.....el. .ld(il N Z __ _ _ ___ __ _c__ _ __ _ _ __ se a ace e€ i• eh a) all be N H , r _'- 1 . __a.ia.. .i.,, .-,.h.iivigi.v,.' \ W 't H o [D a W ND det.r....1..ad 1.5 a cemp0e....t 1_..d ..,.,....L._er .1..,_...n N W J.-la-if-byO W etc D....e3-.n.d tl.- Arrli�e..e-. Tl.. ....1. ...11..twd .hell L. O -" r '"r-a -a- a- Isere ,a.d...d Fe_ pe_1__ at a 1-ter M a dime= N ..1,' o 11.0 Successors and Assiens: This Agreement shall be binding upon the heirs, u z executors, personal representatives, successors and assigns of the Eli Applicant, and upon recording by the County, shall be deemed a covenant running with the land herein described, and shall be binding upon the ON successors in ownership of said land_ CO V' tip IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. C4 W BOARD OF COUNTY COMMISSIONERS WE OUNTY, COLORADO ATTEST/;� � Gt��J/://,/ t/,-1�i1 Weld C nrj Cler�"too�' Board 4, , J BY: ,--� rfi ., "O Deputy Clerk -to at .Board ,4 9/q3 a 3(l8 J n APPROVED AS T( 1 Ft�RM: , '/a e i County Attorney, _ -1- APPLICAN J +. r. 1 l' L 30 BY: /-') es id tT JT^� Subscribed and sworn to before me thi lb day of( le e- , 19 93. My commissio expires: .4.44-&-dii I A/� Notary blic FEB 9 '93 10:39 FROM WELD CO TRERSURER TO 3536712 PRGE.009i010 EXHIBIT "A" Name of Subdivision: Filing: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat dated , 19_, recorded on , 19 , in Book , Page No. Reception No. , the following improvements. (Leave spaces blank where they do not apply.) Estimated Improvements Unit Cosk Construction Cos; Street grading 2,000.00 Street base Street paving 8,000.00 Curbs, gutters. and culverts 800.00 Sidewalk Storm sewer facilities Retention ponda pitch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and scoraeee Water main£ Fire hydrants Survey & street monuments & boxes 1 ,500.00 Street liphtine Street name signs Fencing requirements Landscaping Park improvements SUB-TOTAL 12.100 00 Engineering and Supervision Costs (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according co the constructio sc dole set out in Exhibit "B". • Sign ture of Applic (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) Date: , 19 9(^1 pp r0 147..S 8 B 1380 REC 02330077 04/22/93 15 :33 $0 .00 8/010 F 0143 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO FEB 9 '93 10:39 FROM WELD CO TREASURER TO 3536712 PAGE.010/010 EXHIBIT "B" Name of Subdivision: Filing: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to construct the improvements shown on the final subdivision plat of Subdivision, dated . 19_, Recorded on , 19_ in Book , Page No. Reception No. , the following schedule. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply. ) Imorovemgnrf, Time for Completion Street trading June, 1993 Street base Auci 1993 Street Paving Oct. 1993 Curbs. gutters_ and culverts July 1993 Sidewalk_ Storm sewer facilities Retention ponds pitch improvement% Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected),. On-site sewaee facilities On-site water s.¢nniv and storage Water mains Fire hydrants Survey & street monuments & boxes Nov_ 1993 Street lighting Street name signs 1993 Fencing requirements Nov. 19 ).andscaning April 1994 Park improvements SUB-TOTAL, The County, at its option, and upon the request by the Applicant, may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the o sch �yg�p� be et. Signature of Applicant �essill (If corporation, to be signed by President and attested to by Secretary. together with corporate seal.) Date: , 19 B 1380 AEC 02330077 04/22/93 15 :33 $0 ,00 9/010 F 0144 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9 970".'3 ** TOTAL PAGE.010 ** gX14II NT C. DESCRIPTION PART OF THE NORI1-CAST QUARTER (NE 1/4) OF SECTION EIGHT (8), TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY. COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING At THE NORTHEAST CORNER (NE CDR) or SAID SECTION EIGHT (6) AND CONSIDERING THE EAST UNE OF SAID SECTION EIGHT (8) AS BEARING NORTH 0T100'OO' WEST WTTH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89'28'28" WEST (SOUTH 89'24'21' WEST MEAS.), 30 FEET TO THE TRUE POINT OF BEGINNING; 'HENCE SOUTH 00'00'00 EAST, 1,401.55'; THENCE SOUTH 89'55'34" WEST, 1,838.07 FEET; THENCE SOUTH 88'3e'15' WEST, 206.25 FEET (26i.16 FEET MCAS.) To A POINT ON THE EAST RIGHT OF WAY UNE OF THE GREAT WESTERN RAILROAD: THENCE ALONG SAID RIGi'4T OF WAY UNE THE FOLLOWING FOUR COURSES; NORTH 35'51'34' EAST, 848.50 FEET (NORTH 35'51'12" EAST, 624,11 EEC MEAS.): THENCE ALONG A CURVE TO THE RIGHT WHOSE RADIUS IS 1,392.7 AND WHOSE LONG CHORD BEARS NORTH 58'10'24' EAST, 966.92 FEET (NORTH 56'09'42' EAST, 958.73 FEET MEAS.); I THENCE NORTH 76'29'24" EAST (NORTH 76'26'1? EAST MEAS.), 307,00 FEET; THENCE ALONG A CURvE TO THE LEFT WHOSE RADIUS IS 1,950.1 FEET AND WHOSE LONG CHORD BEARS NORTH 71'41'16' EAST, 331.82 FEET (NORTH 71'10'53' EAST. 359.40 FEET MEAS.) TO THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 8; THENCE ALONG SAID LINE NORTH 89'24'36" EAST, 190.4 FEET (NORTH 89'24'21' EAST, 172.96 FEET MEAS.) TO THE TRUE POINT OF BEGINNING. SAID DESCRIBED PARCEL OF LAND CONTAINS 47,04 ACRES, MORE OR LESS AND IS SUBJECT TO ANY RIGHT OF WAY OR EASEMENTS AS RECORDED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID PARCEL OF LAND. B 1380 REC 02330077 04/22/93 15 :33 $0 .00 10/010 F 0145 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 9302'.3 Hello