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HomeMy WebLinkAbout910428.tiff • • AR23D97n3 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, r4 0 Colorado, and A a 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, O and U W � a rn a WHEREAS, pursuant to said Agreement, a Demand Note in the amount of o g $11, 750.00 submitted to Weld County, and a w Na rn U WHEREAS, Drew Scheltinga, Weld County Engineer, has conducted a o H visual inspection and recommends release of said collateral. � W � H ti co W NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners co o 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 rn o z Subdivision, First Filing, be, and hereby is, canceled and released. mz (Ns Rc O 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. , r r-- 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 910428 ‘J .14S6 c.,{X at t- • • 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. i 2 `-f/.---q— .L4 (Lt y ,.'�. r..lt om' /l , Accepted by the Board of County Commissioners, Weld County, Colorado February 16 , 19 72 . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • ATTEST: Cle�hehe o _Deputy County Clerk APPROV AS O FORM: OU Y A TOR Y 9304.2d cagy �% • 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.. ,) j.• %crlft BOARD OF Co4UNT COh^MIdSIONE S WELD COUNTY, COLORADO Dated: February 16, 1972 COPY e Cdp,t • N . = 1j • `� 9104E28 CEEr �� e", 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 I _ ;t_: d • • • z _Y `vt • ' ( '� 1 •1 17%1: I [ I I 1 )I MGINLER Prk WI I D PHONE 13031 356.4000 EXT P.O. 8O> GREELEY, COLORADO 8 • COLORADO September 14, 1973 • 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 • 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- - r 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 z intersection with Lee T Lake Avenue r c r 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 m missioners of Weld County, Colorado that the above named streets z in Northwest Subdivision, First Filing be, and hereby are, ' z m accepted for full maintenance by Weld County, Colorado. n o The above and foregoing Resolution was, on motion duly made e T and seconded, adopted by the following vote on the 4th day of m r May, A.D. , 1983 . n �Ir-k� i� f BOARD OF COUNTY COMMISSIONERS ATTEST: m ( A,A,� au44,- N" WELD COUNTY, COLORADO n c Weld County Clerk and Recorder EXCUSED IlyG` ?),!, to the Boar ,) Chuck Carlson, Chairman -! .rte �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 • • • 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 i I ' I i WHEREAS, a final plat,of said property, known as I 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 _ 1 • 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. • 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 - 2 - 910423 • • 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 • - 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. . 1 ' 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. • .I . 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, • 3 • 910428 I 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 -(:�) g� . .LJ i ATTEST:C(4144/C erk f the Board I y iY ,P-Ft,VED AS O FOR17 N /2M: 7 I pounty A for e ! I. /. . i j (Subdivider) By. / , / L-" / , - ,,I, va-.( /97/ (Title) ATTEST: • CC's` `-('t- I i h , u ,�� (Title) / t v- r^T'SisS'on expres Oct. 10. 1974 i I I - 4 - 910428 oi"f / C7 • • 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. / B. ALL REMAINING IMPROVEMENTS WILL BE CONSTRUCTED BY JANUARY 25, 197y.. % 91042,9 '• III • . I • • 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 �j�J H _//� rre--' /1 -h /,/22e-....,,, /f i /6' ii; . .6 211 „ / t ATTEST: an /4�1'1247 COUNfY CLERK/AND RECORDER CLERK TO 171E BOARD /l' t�� 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 r • • 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 Hello