HomeMy WebLinkAbout910428.tiff • •
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RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF DEMAND NOTE IN AMOUNT OF
$11, 750.00 FOR ROAD IMPROVEMENTS IN NORTHWEST SUBDIVISION, FIRST
FILING
O WHEREAS, the Board of County Commissioners of Weld County, Colorado,
0o U pursuant to Colorado statute and the Weld County Home Rule Charter, is
vested with the authority of administering the affairs of Weld County,
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Colorado, and
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o WHEREAS, the Board did, on January 19, 1972, approve a Suddivision
o a Agreement with Robert L. Foster and Herbert Schott, dba Foster and Schott
te- w Enterprises, concerning property described as W/2 SW/4 of Section 29,
a Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado,
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rn a WHEREAS, pursuant to said Agreement, a Demand Note in the amount of
o g $11, 750.00 submitted to Weld County, and
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WHEREAS, Drew Scheltinga, Weld County Engineer, has conducted a
o H visual inspection and recommends release of said collateral.
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W NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
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of Weld County, Colorado, that the Demand Note in the amount of $11,750.00
r G+ concerning certain road improvements for the Northwest Estates
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o z Subdivision, First Filing, be, and hereby is, canceled and released.
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U a The above and foregoing Resolution was, on motion duly made and
a g seconded, adopted by the following vote on the 20th day of May, A.D. ,
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1991.' \
in o i 1y'•
my ,N., BOARD OF COUNTY COMMISSIONERS
M N ATTEST: WELD COUNTY, COLORADO
Weld Cot"[, `' to the Board EXCUSED DATE OF SIGNING - (AYE)
Gordon E. Lacy, Chairman
By: .C-d) EXCUSED DATE OF SIGNING - (AYE)
Deput Clerk to the Board Geor e Kennedy, Pro-Tem
APPROVED TO FORM: ����� �
Constance L. Harbert
County Attorney C. W." Kirby i V�J
10
W. H. We
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Amount of Note $11,750.00
Greeley, Colorado February 14 , 19 72
On demand after date for value received, the undersigned promises to pay to the
order of the Board of County Commissioners, Weld County, Colorado, the sum of
Eleven Thousand, Seven Hundred Fifty and no/100 - Dollars
($ 11,750.00 ) with interest at ten percent (10%) per year from date of
demand until paid.
This note is given for the purpose of securing the Board of County Commissioners,
Weld County, Colorado, against a contingent liability by reason of said Board of
Commissioners, Weld County, Colorado, granting subdivision rights to one or more
of the undersigned within the County of Weld, Colorado, as outlined in Subdivision
Agreement dated February 14 , 19 72 , and guaranteeing installation
of certain improvements in said subdivision by February 14 , 19 74 .
Amount of note shall be conditioned by damages which the Board of County Commissioners
shall suffer by failure of undersigned to perform under said agreement. Upon final
acceptance of said improvements by the Board of County Commissioners, Weld County,
Colorado, this obligation shall be void; otherwise to remain in full force and effect.
The makers, endorsers, sureties, guarantors and assignors of this note severally
waive demand, presentment for payment, protest and notice of protest and of non-
payment, and agree and consent to any extensions of time of payment, without notice,
by the holder on request of any of them.
It is also stipulated that should this note be collected by an attorney after mat-
urity or in case of default (whether by suit or otherwise) ten percent (10%) ,
additional on amount due shall be allowed the holder as attorney fees.
If the improvements as shown on Exhibit "A" have not been constructed by the stated
completion time, the Board of County Commissioners, at its option, may re-negotiate
the note amount to reflect change in construction cost and the amount of improvement
construction completed.
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Accepted by the Board of County Commissioners, Weld County, Colorado
February 16 , 19 72 .
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:
Cle�hehe o
_Deputy County Clerk
APPROV AS O FORM:
OU Y A TOR Y
9304.2d
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DEDICATION OF PERPETUAL RIGHTS-OF-WAYS
NORTHWEST ESTATES SUBDIVISION FIRST FILING:
BE IT RESOLVED, by the Board of County Commissioners of Weld County,
Colorado, that it does hereby approve the dedication of the perpetual rights-of-
way over the public roads, streets, highways, and easements in behalf of the public
in Northwest Estates, First Filing, being a subdivision located in the West Half
of the Sothwest Quarter (Wi W ) of Section 29, Township 7 North, Range 67 West
of the 6th P.M., Weld County, Colorado, and being more particularly described as
.follows:
Beginning at the Southwest Corner (SWCor) of said Section 29, and considering
the West Line of the Southwest Quarter (SWiT) of said Section 29 to near
North 00° 34' 03" East and with all other bearings contained herein be=ing
relative thereto:
Thence North 00° 34' 03" East, along the West Line of the Southwest Quarter
(SWi) of said Section 29, 2450.00 feet to a point from which the West
Quarter Corner (W Cor) of said Section 29 bears North 00° 34' 03" East,
192..69 feet;
Thence South 89° 25' 57" East, 300.00 feet;
Thence South 00° 34' 03" West, 421.88 feet;
Thence along the arc of a circular curve to the left having a radius of 270.00
feet and a long chord that bears South 12° 31' 06" East, 12.2.26 feet;
Thence South 25° 36' 14" East, 550.90 feet;
.Thence along the arc of a circular curve to the left having a radius of 170.00
feet and a .tong chord that bears South 43° 10' 17" East, 102_.62 feet;
Thence South 60° 44' 20" Fast, 121.105 feet;
Thence South 29° 15' 40" West, 586.09 feet;
Thence along the arc of a circular curve to the left having a radius of 370.00
feet and a long chord that bears South 2.1° 31' 33" West, 99.60 feet;
Thence South 13° 47' 25'! Vilest, 119.2.4 feet;
Thence South 35° 47' 10" East, 633.95 feet;
":hence South 00° 40' 20" West, 50.00 feet to a point on the South Line of
the Southwest Quarter (SWi) of said Section 29;
Thence North 89° 19' 40" West, along the South Line of the Southwest Quarter
(SWi) of said Section 29, 779.19 feet to the True Point of Beginning.
Said tract of land contains 27.832 acres.
and
BE IT RESOLVED, that the accompanying plat is approved for filing
and the public roads, streets, highways and easements thereon shown are approved,
provided, however, that the County of geld will not undertake maintenance o£ said
streets, roads, and rights-of-way until they have been constructed by the subdivider
according to specifications and accepted by the County of Weld; and
BE IT STILL FURTHER RESOLVED, that the subdivider shall furnish a demand
note in the amount of $11,750.00 in lieu of a bond as recommended by the Weld
County Planning Commission.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote:
AYES 1 /[c- « /j c c . .7..
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%crlft BOARD OF Co4UNT COh^MIdSIONE S
WELD COUNTY, COLORADO
Dated: February 16, 1972
COPY
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menoRAnDunt-
1 .,aiir'lige toPnard of Weld County Cornnissioner%,t, April 25, 1983
COLORADO From Drew L. Sche_ltinga, Director of Engineering
steimt: Acceptance of Roads for Maintenance, Northwest Sub. , 1st Filing
The streets in Northwest Subdivision, 1st Filing, have been
paved for a period of timer and upon recent inspection, it was found
that no corrective measures would be needed to bring them to County
specifications .
Therefore, I recommend- that the following streets in Northwest Sub-
division, 1st Filing, be accepted for full maintenance by Weld County.
Northwest Drive From W.C.R. 76 to its 0 . 26 Miles
intersection with Lee
Lake Ave .
Lee Lake Avenue & From Northwest Drive to 0 .29 Miles
cul-de-sac its termination and
cul-de-sac
DLS/dm
910428
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Prk WI I D PHONE 13031 356.4000 EXT
P.O. 8O>
GREELEY, COLORADO 8
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COLORADO
September 14, 1973
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Foster and Schott Enterprises
Mr. Robert L. Foster
7637 B County Road 15
Windsor, Colorado 30550
Dear Mr. Foster:
An inspection has been made of Northwest Estates. Indications
are that very little has been done in the Second Filing. The
First Filing should be all completed this fall along with street
repair on the south end of Northwest Drive.
My recommendation at this time is to wait until this fall when
you have completed Lake Avenue and the cul-de-sac in the First
Filing, then we will try and meet and decide on a time schedule
and bonds for the balance of this Subdivision.
Please inform me when said work is completed so that we can make
another inspection and schedule a time for a meeting.
Sincerely,
Gilman E. Olson
Subdivision Administrator
GEO:sar
CC: Weld County Conmissianers
Weld County Clerk to the Board
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910428
�M2463
RESOLUTION
RE: ACCEPTANCE OF STREETS IN NORTHWEST SUBDIVISION, FIRST FILING,
FOR MAINTENANCE BY WELD COUNTY, COLORADO
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 Department of Engineering Services has recom- -
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mended that the following streets in Northwest Subdivision, First
Filing, be accepted for full maintenance: 3
Street Name Location Mileage
Northwest Drive From W.C.R. 76 to its 0 . 26 Miles z
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intersection with Lee T
Lake Avenue r
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Lee Lake Avenue & From Northwest Drive to 0. 29 Miles t=5
cul-de-sac its termination and m
cul-de-sac
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- n
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missioners of Weld County, Colorado that the above named streets z
in Northwest Subdivision, First Filing be, and hereby are, '
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accepted for full maintenance by Weld County, Colorado. n
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The above and foregoing Resolution was, on motion duly made e
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and seconded, adopted by the following vote on the 4th day of m
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May, A.D. , 1983 .
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�Ir-k� i� f BOARD OF COUNTY COMMISSIONERS
ATTEST: m ( A,A,� au44,- N" WELD COUNTY, COLORADO
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Weld County Clerk and Recorder EXCUSED
IlyG` ?),!, to the Boar ,) Chuck Carlson, Chairman
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�B _j.(et' v Cvt s� �e, i )77� *Ciu.
.« DCounty Clerk . Martin Pro-Tem
A ROV +ASJTO FORM: IG1i�L (�Lt..,
Gene R. Brantner
V-^---' V J/��C-c
9 >76`l-rwa--- at-rfitt-.____
County Attorney Norman Carlso
acqu ine o nson
910428
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SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of
January, 1972 by and between the County of Weld, Colorado, hereinafter
called "County", and ,�-77/.1,7. / 79: ? i."rr ,‘.
hereinafter called "Subdivider".
WITNESSETH:
WHEREAS, Subdivider is the owner of the following described
property in the County of Weld, Colorado:
SEE ATTACHED LEGAL DESCRIPTION
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WHEREAS, a final plat,of said property, known as
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has been submitted to the County for approval; and
WHEREAS, it is provided by resolution of the Board of County
Commissioners, County of Weld, that no final plat shall be approved
unless the subdivider shall have entered into a written agreement with
the County to install certain improvements;
NOW, THEREFORE, in consideration of the foregoing and the
acceptance and approval of said final plat, the parties hereto promise,
j • covenant, and agree as follows:
1. Engineering Services: Subdivider shall furnish, at its own
expense all enginerring services in connection with the design and
construction of the subdivision improvements described and detailed
on Exhibit A attached hereto and made a part hereof.
1. 1 Said engineering services shall be performed by a
Registered Professional Engineer and Land Surveyor in
the State of Colorado and shall conform to the standards
and criteria for public works as established by the County.
1. 2 Said engineering services shall consist of, but not
be limited to, surveys, designs, plans and profiles,
estimates, construction supervision, and furnishing
necessary material to the County.
1. 3 Subdivider shall furnish drawings and estimates to
the County for approval prior to the letting of any con-
1 structiou contract. Before acceptance of the installed
improvements, Subdivider shall furnish one set of repro-
ducible "as-built" drawings and a final statement of
eenWtrtietien omit to the County,
910429
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2. Rights-of-Way and Easements: Before commencing the con-
struction of any improvements herein agreed upon, Subdivider shall
acquire, at its own expense, good and sufficient rights-of-way and ease-
ments on all lands and facilities traversed by the proposed improvements.
All such rights-of-way and easements shall be conveyed to the County
and the documents of conveyance shall be furnished to the County for
recording.
3. Construction: Subdivider shall furnish and install, at its own
expense, the subdivision improvements described and detailed on Exhibit
"A", attached hereto and made a part hereof.
3. 1 Said construction shall be in strict conformance to
the drawings approved by the County and the specifications
adopted by the County for public works projects. Whenever
a subdivision is proposed within three miles of an incorpor-
ated community located in the County or located in any
adjacent county, the subdivider shall be required to install
improvements in accordance with the requirements and
standards that would exist if the plat were developed within
• ;the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards
at the time a subdivision is proposed, the requirements and
standards of the County shall be adhered to. If both the
' incorporated community and the County have requirements
• and standards, those requirements and standards that are
more restrictive shall apply.
3. 2 Subdivider 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 re-
quired by the County; and shall furnish copies of test results
• • to the County.
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I 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 Subdivider's expense. Any
material or work not conforming to the approved plans and
• specifications shall be removed and replaced to the satis-
faction of the County at Subdivider's expense.
3. 4 The Subdivider shall furnish proof that proper arrange-
' ments have been made for the installation of sanitary sewer,
gas, electric, and telephone services.
3. 5 Said subdivision improvements shall be completed
according to the terms of this agreement within the "Time
for Completion" appearing in said Exhibit "A", which time
shall commence upon the date of this agreement. The Board
of County Commissioners, at its option may grant extension
of time of completion upon application by Subdivider.
• 4. Release of Liability: Subdivider shall indemnify and save
harmless the County from any and all suits, actions, or claims of
every nature and description caused by, arising from, or on account
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910423
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of said construction, 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's fees, incurred by County in
defending such suit, action, or claim. All contractors and other
employees engaged in construction of the improvements shall maintain
adequate workmen's compensation insurance and public liability in •
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surance coverage. And shall operate in strict accordance with
"Occupational Safety and Health Act," and/or any regulations imposed
by the Industrial Commission of the State of Colorado.
5. Acceptance: Upon completion of said construction according
j to the terms of this agreement, the improvements shall be accepted by
the County after written approval is received by it from its duly authorized
inspecting agent. Upon such acceptance of subdivision, all assignable
improvements shall automatically become public facilities and the property
of the County.
5. 1 If desired by the County, portions of the improvements
may be placed in service when completed, but such use and
operation shall not constitute an acceptance of said portions.
5. 2 The County may, at its option, issue building permits •
• ,I l for construction on lots for which the subdivision improvements
detailed herein have been started but not completed, and may
• continue to issue building permits so long as the progress of
work on the subdivision improvements throughout the develop-
ment is satisfactory to the County; and all terms of this agree-
ment have been faithfully kept by Subdivider.
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6. Maintenance: During a period of one year from and after the
final acceptance of the subdivision improvements, the Subdivider shall, at
its own expense, make all needed repairs or replacements due to de-
fective materials or workmanship which, in the opinion of the County,
shall become necessary. If, within ten days after Subdivider's receipt
of written notice from the County requesting such repairs or replace-
ments, the Subdivider shall not hiave undertaken with due diligence
to make the same, the County may make such repairs or replacements
at the Subdivider's expense. In the case of any emergency, such written
notice may be waived.
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7. Subdivider shall furnish to the Board of County Commissioners
' as a guarantee of compliance with this agreement: 1) Cash escrow deposit,
or 2) Bank letter of credit, or 3) "Sub Division Bond" issued by surety
company authorized to do business in the State of Colorado, or 4) Demand
Note signed by qualified obligors acceptable to the Board of County Com-
missioners. Amount of any of the above guarantees shall be set by the
• Board of County Commissioners and amount of guarantee may be adjusted
as portions of work are completed and accepted.
8. Successors and Assigns: This agreement shall be binding
upon the heirs, executors, personal representatives, successors, and
assigns of the Subdivider and upon recording by the County shall be
i deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land,
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910428
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed on the dayiand year first above written:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:C(4144/C erk f the Board
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iY ,P-Ft,VED AS O FOR17 N /2M: 7
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pounty A for e
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By. / , / L-" / ,
- ,,I, va-.( /97/ (Title)
ATTEST: • CC's` `-('t-
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(Title) /
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v- r^T'SisS'on expres Oct. 10. 1974
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910428
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EXHIBIT "A" ACTS/cr 1
1. THE SUBDIVIDER WILL CONSTRUCT ALL STREETS SHOWN ON NORTHWEST
ESTATES FIRST FILING.
A. ALL STREETS WILL BE SURFACED WITH ASPHALTIC CONCRETE
AND WILL CONFORM WITH COUNTY STANDARDS AND REGULATIONS.
2. THE SUBDIVIDER WILL CONSTRUCT A WATER DISTRIBUTION SYSTEM FOR
NORTHWEST ESTATES FIRST FILING.,
A. THE WATER DISTRIBUTION SYSTEM WILL BE DESIGNED AND CONSTRUCTED
TO CONFORM WITH ALL COUNTY STANDARDS AND REGULATIONS.
3. THE SUBDIVIDER WILL CCNSTRUCT THE AFOREMENTIONED IMPROVEMENTS BY THE
FOLLOWING SCHEDULE.
A. ALL IMPROVEMENTS ALONG NORTHWEST DRIVE TO ITS INTERSECTION
WITH LEE LAKE AVENUE WILL BE CONSTRUCTED BY JANUARY 25, 1973.
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B. ALL REMAINING IMPROVEMENTS WILL BE CONSTRUCTED BY JANUARY 25, 197y.. %
91042,9
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• RECORD OF PROCEEDINGS 100 Leaves
FORM•. C.I.MOM O.LC 1.CO. -�----
BOARD OF COUNTY COMLU SSIONE-RS February 14, 1972
AND PLANNING COi:zssI0N
MEETING
NG
TOPIC: PROPOSED SUBDIVISIONS
Rieker, Haney Mr. Lorenson reported that all requirements has been met and letters
R Smith regarding sewer, water and road specifications were on file. Also,
a demand note in the amount of $17,222.53 has been signed and given
CHALET WEST, to Weld County in lieu of bond in the amount of $18,802.48 as
First Filing recommended by the Planning Commission. It was also recommended by
Mr. Lorenson to shorten the time length to two years. This being
acceptable with Mr. Rieker, the change was made. After some dis-
cussion of drainage, a motion was made to accept this subdivision.
Foster 8 Schott Mr. Lorenson reported this request for acceptance of subdivision
was all in order with necessary demand note in the amount of
$11,750.00 on file. He recommended the time to be changed to
NORTHWEST ESTATES, two years and a paragraph added to reflect re-negotiation of
First Filing note at the end of two years, if necessary, due to construction
costs. The subdivision was then to be accepted after the changes
were made and the demand note signed by both partners. —�
College Green, Inc. It was noted by Mr. Lorenson that the College Green, First Filing
c/o Jake .Pfleiger proposal was recommended unfavorably by the Planning Commission
to the Board of County Commissioners due to the fact that the
Plat does not meet the Planned Unit Development plan filed and
COLLEGE GREEN, recorded. This does not show an entrance onto 47th Avenue.
First Filing After discussion for and against this request, it was decided
to meet at 11:00 A.M. the next day (2-15-72) on the subject
property and see if some decision could be reached.
E. R. Austin This proposal was noted by the 'meld County Planner as being all
in order with necessary demand note in the amount of $7,300.00
in hand along with all other requests in order. It was agreed
AUSTIN SUBDIVISION, to accept this plan as is.
Second Filing
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: an /4�1'1247
COUNfY CLERK/AND RECORDER
CLERK TO 171E BOARD
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1y��\ / ,.� �,c � yti
Deputy County Clerk
C zil to Cr F PAri le/ I l^s•i F, (r
A,C,../4 / l" <•_f-1,4'Ci s rile .
/7 f/J10;1 (11114F,5/•+F 91°428
Fc. No. 1
mEMORAnDUM
itC1(6 ' Carol Harding, March 28 , 1991
Clerk to the Board's Office w
To Date
Drew Scheltinga, County Engineer
COLORADO From
Letter of Credits and Bonds
Subject:
In response to your memo of February 7, 1991, I have researched the Engineering
Department files and reviewed the status of various projects with Keith Schuett
in the Planning Department. For the items of which I have knowledge , I will
give a brief comment and recommendation in the order they appear in your memo.
SUBDIVISIONS:
✓Cilbaugh's Appaloosa Acres - The subdivision was platted in 1974. The lots
have access to County roads . Appy Way is a road that accesses behind the lots
and is to be/maintained by the owner. I recommend aureties_be released. :
L/West Hill-n-Park. First Filing - The streets in West Hill-n-Park, First Filing,
have been constructed for over ten years, and have been maintained by Weld
County for several years. I recommend release of any sureties.
✓Johnson's First Addition - The subdivision was platted in 1968 and construction
of all roads has been completed. The roads have been formally accepted by Weld
County for maintenance. I recommend release of all sureties. i
/ Northwest Estates . First Filing - All the streets have been accepted by Weld
County for maintenance. I recommend release of all sureties. t
i/Northwest Estates , Second Filing - This subdivision was platted in 1972 and
there has been no construction of streets, utilities, or houses. Presently,
the land is being farmed. Since the sureties expired in 1975, I recommend {
releasing the sureties:
✓Riverview Subdivision - All construction in the subdivision has been completed.
North 35th Avenue is a private street and maintained by the Home Owner's
Association. I recommend release of all sureties. '
S-14-(?
• Westridge Fourth Filing - All the streets have been accepted for maintenance
by Weld County. I recommend releasing all sureties.
KAHN (Waterford Subdivision) - This subdivision is at the northeast corner of
I-25 and County Road 24. The surety is for the improvement of Weld County
Road 24, if the subdivision is to be developed. Since activity on this project
is still possible, I recommend keeping the surety, although it expired in 1989 .
91_042F
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USE BY SPECIAL REVIEW:
BL Ventures - This project is still active and all sureties should be
maintained.
Tire Mountain, Inc. - This project is _still active and sureties should be
maintained.
Mount Calvary Lutheran Church - This project is still active and the surety
should be maintained.
PLOWING PERMITS :
I have no knowledge of the status of any of the plowing permits.
ROAD IMPROVEMENTS AGREEMENTS :
Sekich - A part of the subdivision requirements was for the eventual
improvements to Weld County Road 9.5. These improvements have not taken place
as of this date. I recommend maintaining any sureties having to do with the
road improvements.
National Hog Farms - Improvements and paving of Weld County Roads 69 and 3804
have been completed. !However, I have no knowledge of the agreements between
National Hog Farms and Weld County. I cannot make a recommendation on any of
the National Hog Farm questions .
CURBS. GUTTERS, ETC, :
Waffle House, Inc, - Construction on this project is still possible. I
recommend maintaining the sureties.
UTILITY INSTALLATION PERMIT:
✓Oliver Construction Company - This project was completed eight years ago, and _
there are no road problems relating to the original construction. I recommend
releasing any sureties.
DS/mw:creditsm.mrw
cc: Commissioner Harbert
Keith Schuett, Planning Department
910428
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