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Home My WebLink About930110.tiff RESOLUTION RE: APPROVE AGREEMENT WITH DR. AND MRS. RICHERT E. QUINN FOR SINGLE-FAMILY RESIDENCE AND ACCESSORY BUILDINGS AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement between Dr. and Mrs. Richert E. Quinn and Weld County, Colorado, for a single-family residence and accessory buildings, with the terms and conditions being as stated in said agreement, and WHEREAS, said property is described as Lots 1 through 11, Westridge Subdivision, Fifth Filing, Weld County, Colorado, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement between Dr. and Mrs. Richert E. Quinn and Weld County, Colorado, for a single-family residence and accessory buildings, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of January, A.D. , 1993. '/) �1i BOARD OF COUNTY COMMISSIONERS ATTEST: Al_, / �G��2 BOA COUNTY, COLORADO /VVorr��'��111 Weld County Clerk to the Board %��` �i�� j Constance L. ,�HarJ�ert BY: 42d4 .4 4 �-� s b I{6, Deputy Clerk to the Boa i-, W. H. ebst r, Pro-Tem,,`�` �APPROV D AS TO FORM: _, � rge Baxt r County Attorney Dal K. Hall i/tLc- Barbara J. Kirkm er 930110 SU.PII cc__ PJ,1 t- op Zo,Q,vkY r AGREEMENT 41/4 THIS AGREEMENT, made and entered into this c- day of January, 1993, by and between DR. and MRS. RICHERT E. QUINN of Greeley, Colorado (hereinafter referred to as "QUINN") and WELD COUNTY (hereinafter referred to as "COUNTY") . Baakaround of Agreement The following information is provided as background to assist in determining the intent of the parties in entering into this Agreement. QUINN has an option to purchase Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision as shown on the attached "Exhibit A" if an agreement can be reached with the COUNTY regarding (1) building permits, (2) approval of a temporary gravel road, and (3) the number of horses that can be placed on any lot in that subdivision in accordance with existing County zoning ordinances. The subdivision, although platted as a subdivision in 1973, has not been fully developed and remains agricultural in character. QUINN desires to build a single-family residence and a horse barn on Lots 7 and 8 of the filed subdivision plat. QUINN has entered into an agreement with the City of Greeley, Colorado, for domestic water service to service the property, as well as an agreement to annex the property to the City in the event certain development occurs to the north or west of the QUINN property or if QUINN makes a decision to annex to the City of Greeley. The original developer of the subdivision completed a raw water dedication to the City of Greeley by which the City agreed to provide 11-3/4" water taps in total to the subdivision (one for each lot) and to require no additional raw water dedications to the City so long as no amendment occurred of the subdivision plat as it was originally approved by the COUNTY. That agreement prevents any rezoning or replatting of the property without significant adverse financial impact to QUINN. QUINN desires to purchase the property and maintain the agricultural nature of such property without completing all of the subdivision improvement requirements that would be imposed by the COUNTY or the City if the property was developed for sale to third parties in accordance with the existing plat for the subdivision. QUINN further desires to retain the flexibility in the future to develop the full eleven (11) lots of the subdivision as previously platted in the COUNTY by completing those subdivision improvements shown on the plat or subdivision improvements that may be required by the City of Greeley in the event the property is annexed to the City. QUINN is also willing to construct and maintain a temporary gravel road from dedicated public streets to allow fire, police and personal access to the property. In order to obtain a building permit for a single-family residence and an accessory building to be identified as the "horse barn", QUINN is willing to enter into the following Agreement with the COUNTY regarding Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision. 9130".1 r NOW, THEREFORE, THE PARTIES COVENANT, PROMISE AND AGREE AS FOLLOWS: 1. Agreement Regarding Building Residential Building permits. QUINN agrees to request one (1) building permit for a single-family residence to be located on either Lot 7 or 8 of Block 2 of the Fifth Filing of the West Ridge Subdivision. QUINN agrees to apply for a building permit for a horse barn as an accessory building with the accessory building to be built on either Lot 7 or 8, but not on the same lot as the single-family residence to be constructed by QUINN. QUINN further agrees not to request any additional building permits for single-family residential construction from the COUNTY unless or until all subdivision improvements shown on the subdivision plat for Block 2 of the Fifth Filing of the West Ridge Subdivision have been installed and completed in accordance with County subdivision requirements. QUINN agrees the request for the residential building permit will comply with the existing septic tank, setback requirements and building code requirements of the COUNTY. QUINN will be responsible for obtaining water, electrical, natural gas and any other utility services necessary to serve the property and that QUINN will have to meet all requirements imposed by the Milliken Fire Protection District for fire protection to the structures proposed to be built by QUINN. 2. Agreement Reaardina Horses on the Property. Because the subdivision has not yet been completed and the property is essentially agricultural in character, the COUNTY agrees to allow QUINN to exceed the existing County requirement of two horses per lot in a residential subdivision. Both QUINN and the COUNTY agree that under no circumstances may QUINN have more than ten (10) horses on the property for any purpose at any time, which would be a violation of the existing County zoning ordinances. QUINN agrees that in the future, if any single-family building permit is issued within the subdivision (after the completion of all subdivision improvements while the property remains in the County) , QUINN will voluntarily reduce the number of horses maintained on the property QUINN then owns to the maximum number per lot then allowed by the County zoning ordinance in effect at that time. 3. Agreement Regarding Temporary Gravel Road. QUINN agrees to construct and maintain, at QUINN's expense, a temporary gravel road of a minimum fifteen foot (15' ) width from the existing public right-of-way, which is identified as 24th Street, to the proposed single-family residence and horse barn to allow public access to those properties without the construction of the proposed public streets as shown on the subdivision plat of Block 2 of the Fifth Filing of the West Ridge Subdivision. QUINN further agrees that upon the happening of any of the events referenced in the Annexation Agreement between the City of Greeley and QUINN or QUINN's own voluntary decision to complete the subdivision improvements shown on the filing plat of Block 2 of the Fifth 2 9,10110 • • Filing of the West Ridge Subdivision, QUINN shall then abandon the temporary gravel road and restore the property across which the temporary gravel road has been constructed to its former condition and utilize only public right-of-ways as access to and from QUINN's property. 4. Agreement Regarding Accessory Structures for Animal Feeding and Hay Storage. The COUNTY and QUINN agree that QUINN, after compliance with County building permit procedures, can construct one (1) hay shelter and one (1) horse shelter and feeding structure at points to be determined by QUINN on Lots 1 through 6 or Lot 9 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision. The shelter/feeding structure shall be an open- ended building of approximately no more than twelve feet (12 ' ) in width and fifty-six feet (56' ) in length. The shelter/feeding structure will be served by electricity and water, and it shall be the obligation of QUINN to provide the appropriate proposed construction drawings to the COUNTY prior to obtaining the building permit. The hay shelter shall be an open-ended structure which shall be designed for the storage of hay on the property with the size to be determined by QUINN at the time of construction and with QUINN to provide the appropriate proposed constructions drawings to the COUNTY at the time of application for a building permit. QUINN acknowledges neither of these structures may be built until QUINN has complied with the appropriate building permit procedures of the County in force at the time QUINN elects to construct these accessory buildings. 5. Avplicabilitv of this Agreement to Successors and Assigns. The terms and conditions of this Agreement shall extend to and bind any heir, successor or assign who obtains title to Lots 7 and 8 of Block 2 of the Fifth Filing of the West Ridge Subdivision. 6. Recording/Amendment of Agreement. In order to insure the orderly development of the immediate proposed use of the property and the long-term proposed use of the property, both parties agree that this Agreement shall be recorded in the real estate records of the Clerk and Recorder of Weld County so the benefits and burdens assumed by both parties will become a matter of public record. Upon recording, this Agreement shall bind both parties, their heirs, successors and assigns. This Agreement may be amended only by a writing signed by both parties setting forth the terms of the amendment, and any such amendment shall not become effective until its recording with the Clerk and Recorder of Weld County, Colorado. 3 . ;01.10 IN WITNESS WHEREOF, the parties have executed this Agreement with the intent that it bind them as of the date set forth herein. ATTEST: WELD COUNTY WELD .:EN i, CL Li< FAD BY: l / -_4 -L 'Lor._ By: , a4D EPUT( CLERK TO THE BOAR oS/o l in A . ��1 �L iA --. . RICHERT E. QUINN CAROL, QUINN �� 911041:,-0 4 f0fi3O .. p ie-re- w.> e../ne y/Senn/e : 1 emfe>• /` .e— I ` .r`."..n 20 18 . ST NEE C F 'tYt P? t �„/, e ,' '.. I BLOCK 2 ILF t 'it $o it it II E . t i �I I ,/ "= '• �t$ I4 ij I,, t I I ) I 41 8 {'. t\1,'i; f .cr- Sys,i'.•.• - I i/!•e F V ft?S C;.L rt+e fi. :.. 6 u IFi ///' tvi ?I . is iI 4,-.',. :::: t 121Ft •,/�•a f .) - ' -1'I f f• R. Ii R, ,`}j IV �9^;$ 22'"T4Ni- w..� rte- *Vi Ot➢ _H +�fI ♦•Vii l'1�15 `t(S((!! +! •-'At --an,-$.r-y.. 'ROAD C` ♦'-';�. n v 7~p .�y f t 1 t p v i 1 1 I� 1 "--t. \ ct ` O:11 \ I r " r5.111 r Ileti \q to 112t'G ,. �:. \ `` y D �T 1. 5 i�jj� j17 R.-p tefj:' '\� !t9 ": ``:c. . Y k ,1m z r--- , i 12 o •!�•.�µrx_l�,� �i`B OO ,( 4i\\\��! . i, w ''a:` e k -Ira' Fn /z� . n( �• \\ \`l.a.a w Ii \; F ��.N.` I •�t Pxly Cn VJ Z.u� n Slit` t &toe --� �\ Let,_ .�_...,��^--' Y .F im > I \ / ` u y. \\ \l i /\\r m ‘;'"4,,e/ t` r4 • QC 1 Q � i �""� FIB F 0/, , �. . .11 \ ' I� ; n� Z (n f ' ' It Oh '•\ F , 2 S ry• fn I '\ ') e> �,/ If e- ( l,'\ ; , i vT m 1i • ` it .,' e' I,, tl t. ,t ;' `':txt f)iii^`. !�j • - Cy m ! ' • // / y I iS`,,�♦ n �`\t`� %c' '-'/ems• �` it .Ky ' o l t h w t\ \ i•.'' .- • cox e it \l�( I F -- • ov 9 ,♦ I y' 11 I ` pcn (/) Alz I I I = t .os a./ o. Z I P I a i g i 2 j = o: 2 F • 0y . I � a o .. I. g ♦• t �t 'II N .. VI1 • 1 9 I 0} 1 ♦3-. •of / C 1 �p I I Na ylI e/ FS t / ( i I F i / / f, Ill I . 1 1 e ['a NI\. -a 34 sf y. v Seolh /,ne oo 64. sten _ l Itr-IEitti Fk;itlfligi 0 t tieig.ailit illf }sd 1 4\ s;+4 :. if 11itai iIF;tI I' i e - tl': r (�. ;t: , a a:t }Fit Fit !Fa £z.F�1Ij It:9 I 2 ., �i it:: ee IiF iSFty iF^ nP Ft! Ot �01. .J .E I: F tale ,t t 11 I _. 't;4 O . a7 CL 1I . :i r a !i,2 if IT i�? ii 9 I, , ' E ..ii _'a I a 5 - n.; 7 t2 : MEMORAnDUM Wine Board of County Commissioners January 27, 1993 To Data Chuck Cunliffe COLORADO From Quinn Agreement Subject: Dr. and Mrs. Richard E. Quinn desire to offer and enter into an agreement with Weld County that will allow them to build a residence and horse barn and have a maximum of 10 horses on two separate lots in West Ridge Subdivision, Fifth Filing. This number of horses exceeds the maximum number permitted in the R-1 zone district. This subdivision is zoned R-1 (Residential) and the Quinns plan to purchase 11 lots in the subdivision. The Quinns have entered into an agreement with the City of Greeley regarding future annexation. The Weld County Engineering Department, Weld County Health Department, City of Greeley Planning Department, Milliken Fire Protection District, and Lee Morrison have reviewed the proposal and have no objections. The Department of Planning Services recommends that the agreement be approved and authorize the Chairman to sign the agreement. Copies of proposed County Agreement, City Agreement, referral responses, and map of the subdivision are attached. 930116 GLEN DROEGEMUELLER, P.C. ATTORNEY AT LAW 822 SEVENTH STREET•SUITE 330•GREELEY,COLORADO 80631•(303)353-9599•FAX(303)353-9597 January 14, 1993 Mr. Chuck Cunliffe Weld County Planning & Zoning Department 1400 North 17th Avenue Greeley, CO 80631 Dear Mr. Cunliffe: As a follow up to our recent conversations, enclosed please find a proposed agreement which would lead to the issuance of a building permit for a single-family residence and accessory building on Lots 7 and 8 of Block 2 of the Fifth Filing of the West Ridge Subdivision. The Quinns are willing to accept the 1,500 square foot limitation imposed on accessory structures in the R-1 zoning and do not feel it is necessary to construct a caretaker's residence. As a result of those decisions, the agreement deals with the compromise regarding the number of horses, the location of the single-family residence and accessory building and the temporary gravel road. My understanding is you will expedite the review of the agreement by the County legal staff and present it to the Board of County Commissioners in a work session at the earliest possible moment. I also believe you told me there would be a public hearing at which this agreement will be considered, and I would appreciate your notifying me when the hearing will be held so I may be present. The Quinns have set January 27 as the closing date for the acquisition of the property with the present sellers, and I would appreciate your feeling as to whether that deadline can be met. Sincerely yours, (62-- Glen Droe mueller GD:sjr Enclosure pc: Dr. and Mrs. Richert E. Quinn JAN 1 5 1993 �J� %MA�.,.•h.mnnninn sT.s 0 AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December , 1992, by and between DR. and MRS. RICHERT E. QUINN of Greeley, Colorado (hereinafter referred to as "QUINN") and THE CITY OF GREELEY, COLORADO (hereinafter referred to as "CITY") . Background of Agreement The following information is provided as background to assist in determining the intent of the parties in entering into this Agreement. QUINN is willing to purchase Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision as shown on the attached "Exhibit A", which is located in Weld County, Colorado, if QUINN can obtain domestic water service from the CITY. The property (hereinafter defined in this Agreement as "the subject property") is bounded on the north by undeveloped property which has been annexed to the City of Greeley. QUINN desires to build a single-family residence and a horse barn with a caretaker's apartment above the barn on Lots 7 and 8 of the subdivision. The CITY is the only supplier of domestic water which can service those lots. The CITY and QUINN agree annexation and subdivision of the subject property within the CITY is premature as of the date of this Agreement. The original subdivider of the subject property in the County completed a raw water dedication regarding these lots in 1973, and the CITY, in return for that raw water dedication, agreed to provide eleven (11) 3/4" water taps in total to the subdivision (one for each lot) and to require no additional raw water dedications to the CITY so long as no amendment occurred of the subdivision plat as it was originally approved by the County. QUINN desires to purchase the subject property and maintain the agricultural nature of the subject property without completing all of the subdivision requirements that would be imposed by the County or the CITY if the property was developed for sale to third parties in accordance with the existing plat for the subdivision. QUINN further desires to retain the flexibility in the future to develop the full eleven (11) lots of the subdivision as previously platted in the County but understands if any replatting of the subdivision occurs, additional raw water dedication requirements to the CITY will have to be met. Both the CITY and QUINN anticipate growth will occur in or near this real property at some time in the future, and both parties are concerned about the orderly development of this subdivision. In order to allow QUINN the benefit of the proposed present use as well as retain the opportunity for additional development of the subject property as a residential subdivision, the parties are willing to enter into a future annexation agreement on the terms and conditions described below. 92Ot 1.0 S J • i NOW, THEREFORE, THE PARTIES COVENANT, PROMISE AND AGREE AS FOLLOWS: 1. Agreement Regarding Domestic Water Service. QUINN agrees to request an exception from the Greeley City Council for domestic water service from Resolution No. 58-1983 and agrees to pay those charges enforced for outside City of Greeley domestic water delivery and for tap fees for no more than two (2) 3/4" taps to service Lots 7 and 8 within the subdivision. QUINN also agrees to extend, at QUINN's expense, an 8" water line along the northern boundary of the subject property being purchased to a point which is adjacent to the common boundary line separating Lots 1 and 2 within the subdivision which has been determined to be, after consultation with the Milliken Fire Protection District, an appropriate point of termination without jeopardizing necessary pressure to provide adequate water pressure for fire protection for structures built on Lots 7 and 8 . QUINN further agrees: (1) that any extension of the 8" line will take place within 24th Street to a point at which the water taps are made from that 8" line; (2) any maintenance of the water lines that are connected to the water main extension shall be QUINN's responsibility for whatever period of time they are used; and (3) no additional requests for 3/4" taps will be made to the CITY unless and until all subdivision improvements necessary for the issuance of a building permit have been completed and the subject property has been annexed to the City of Greeley as described herein. 2 . Agreement Regarding Annexation. QUINN agrees that in return for the water service provided by the CITY to Lots 7 and 8 (described in Paragraph 1) , that QUINN will agree to annex this subject property to the City of Greeley upon the happening of one of the following events: a) At such time QUINN feels annexation is appropriate and when QUINN is willing to complete all necessary subdivision improvements in accordance with existing CITY codes at the time of the annexation to allow building permits to be issued on any lot within Lot 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision; or b) At the request of the CITY if property to the west or south or east requests annexation to the CITY and the CITY determines annexation of the QUINN property is in the best interests of the CITY; or c) The property to the north of QUINN submits a subdivision proposal to the CITY which requires the construction of 24th Street or any portion of 24th Street as presently platted. Both QUINN and the CITY acknowledge that if annexation is required by virtue of this condition, it shall not require a completion of subdivision improvements other than the completion of the water main extension to the 2 g3O O � 't` western boundary of the QUINN property and the completion of street improvements for 24th Street. In the event the CITY receives any subdivision proposal for property to the north or west of the QUINN property which requires a replatting of 24th Street to allow for development of property to the north or west of the QUINN property, both the CITY and QUINN agree that such replatting shall not allow the CITY to request any additional raw water dedication from QUINN as a result of the replatting. It is understood by both the CITY and QUINN that in the event replatting is accomplished to allow development of either one of those parcels, the benefits received by the CITY from such development shall outweigh the necessity of requiring additional raw water dedications from QUINN as a result of the replat of a portion of the QUINN property, it being understood the replat has not been initiated by QUINN but rather by the CITY and property owners to the north and/or west of QUINN. d) At the request of the CITY if the subject property becomes an enclave, as that term is defined in C.R.S. §31-12-103, and the CITY chooses to exercise the right granted to it by C.R.S. §31-12-106 regarding the annexation of enclaves. e) At the request of the CITY if QUINN transfers title to any lot within the subdivision other than Lots 7 or 8 to any other person or entity who is not a related party to QUINN. The term "related party", for purposes of this Agreement, shall be defined to mean the son or daughter of QUINN or any person who is married to the son or daughter of QUINN. In addition to the requirement for annexation, the CITY may also require that any nonrelated party who takes title from QUINN complete all subdivision improvements necessary as required by CITY codes in existence at that time for the balance of the subdivision. Regardless of which of the above-described events leads to the annexation of the QUINN property, QUINN agrees that QUINN, or any successor or assign of QUINN, shall comply with all City codes and ordinances which may affect the property at the time of the annexation and shall not attempt to argue that the date of this Agreement shall be controlling for any purpose other than the understanding recited in 2 (c) regarding raw water dedications or in the event QUINN annexes voluntarily, there shall be no additional raw water dedication if the present lot configuration of Lots 1 through 11 of Block 2 of the Fifth Filing of the West Ridge Subdivision does not change when it is annexed to the City. 3. Zoning of Property upon Annexation. The City Council agrees that it will consider single-family residential zoning, or its equivalent, once annexation to the City of Greeley occurs; however, this Agreement shall not bind the City of Greeley to such 3 93O �+,0 55 • • zoning. QUINN agrees to use the subject property in a manner which is consistent with single-family residential use as defined in the present zoning ordinance of the City of Greeley and also agrees not to establish or conduct any nonresidential uses on the subject property prior to its annexation to the City of Greeley. It is understood that the plat which will be submitted in support of the zoning of the property shall be a plat which is identical to the subdivision plat that has been previously approved by Weld County in 1973 . Should QUINN desire to request any other zoning on the property or desire to replat the property in any way (other than in conjunction with a request for replatting to accommodate the CITY and property owners to the north or west of the QUINN property) , such replatting shall require QUINN to meet the raw water dedication requirements then being enforced by the CITY, provided, however, QUINN shall be given credit by the CITY for any raw water dedications completed by any predecessor in title to QUINN. 4 . Completion of Subdivision Improvements. a) Water Line/Fire Hydrant Improvements. QUINN agrees to complete a portion of the water main extension in proposed 24th Street prior to the granting of any building permit by Weld County as those requirements are set forth in Paragraph 1 of this Agreement. Any water main extension shall be in accordance with CITY standards as shall the actual taps by QUINN for Lots 7 and 8. The taps for Lots 7 and 8 will initially occur on the common northern boundary of Lots 1 and 2 adjacent to 24th Street at a point which has been determined by QUINN and the Milliken Fire Protection District. At such time as the remaining subdivision improvements are completed, QUINN agrees to, at QUINN's expense, place water taps in the completed public street adjacent to Lots 7 and 8 at points to be determined at that time and to abandon the private water line which had been constructed by QUINN from the initial tap on the common northern boundary of Lots 1 and 2 . QUINN agrees to contact the owner of the property to the north of the subject property and to attempt to negotiate a ten foot (10 ' ) easement on the property to the north of QUINN to allow for the construction of the water main at a point which would be in the center of the 80 ' right-of-way for proposed 24th Street. Should there be any cost for obtaining the easement, that cost shall be the responsibility of QUINN and not the CITY. In the event such easement for placement of the water main cannot be negotiated with the owner of the property to the north, the CITY agrees to allow the construction of the water main within the existing 40' right-of-way that QUINN will own shown as 24th Street. QUINN agrees to provide the CITY with an easement for access to maintain the water main until such time as the QUINN property is annexed to the City of Greeley and 24th Street is dedicated as a public road and right-of-way. If the water main extension in 24th Street is not completed to the western boundary of the QUINN property at 4 9.3041.110 5ro the time of the issuance of building permits for the QUINN residence and horse barn, then QUINN agrees to complete the water main extension and fire hydrant requirements imposed by the CITY at such time as QUINN requests annexation to the City of Greeley or the properties to the north or west of the QUINN property begin the construction of subdivision improvements for which the City of Greeley is obligated to provide water service. If water mains and fire hydrants have not been completed within the West Ridge Fifth Filing as a result of the circumstances described in this section, then QUINN agrees to complete all water main extensions and fire hydrant requirements prior to the time QUINN or any successor-in- interest in title seeks to apply for a building permit for the construction of a single-family residence on any of the other nine (9) lots remaining in the subdivision, with that request being directed either to the CITY or Weld County. At such time as any water line extension is initiated by QUINN as described herein, QUINN agrees to abide by all of the rules, regulations, design and construction specifications and ordinances of the City of Greeley, Colorado, pertaining to the use of said water as completely as if the real property were located within the corporate limits of the City of Greeley. During such time as the QUINN property remains outside the City of Greeley, QUINN agrees to hold the City harmless for interruptions in water service or delivery and QUINN agrees to accept the City water at the pressure as delivered in the distribution grid owned by the CITY; and if in the delivery of water there is excessive pressure that would cause damage to the property of QUINN, then QUINN agrees to furnish and install any necessary regulators; or if additional pressure is needed, QUINN agrees to furnish at QUINN's expense any auxiliary pumps necessary to provide pressure to the QUINN property. b) Street Improvements. 1) QUINN and the CITY agree that in order to allow the usage of Lots 7 and 8 while those lots remain in the County, the CITY shall not require any street improvements (as shown upon the existing subdivision plat) to be completed. 2) In the event (1) QUINN desires to develop any of the remaining residential sites within the subdivision or (2) if development of the property to the north or west of the QUINN property occurs and those areas are both annexed and subdivided within the City of Greeley, and the CITY deems it necessary to build 24th Street as a collector street, then QUINN agrees to pay QUINN's proportionate share of the cost of construction of 24th Street which may include but need not be limited to the construction of curbs, gutters, storm drainage, sidewalks 5 4� (poi0. 0 and street paving of one-half (1) of 24th Street as well as the full cost of curbs, gutters, storm drainage, sidewalks and street paving for 24th Street Road. 5. Other Utility Services. QUINN understands in order to construct a single-family residence and horse barn facility on Lots 7 and 8, QUINN shall have the responsibility for obtaining these utility services from each provider and agrees to comply with the terms and conditions imposed by each provider in return for the those services. QUINN shall be responsible for providing electrical service, natural gas service, telephone service and cable television service to Lots 7 and 8 within existing utility easements shown on the subdivision plat for the Fifth Filing of the West Ridge Subdivision. At such time as QUINN or any successor-in- interest develops any of the nine (9) remaining lots within the subdivision, it is understood that it shall be that party's responsibility to provide these utility services to the property and the CITY assumes no responsibility for the delivery of those services to the remaining nine (9) lots. 6. Recording/Amendment of Agreement. In order to ensure the orderly development of the immediate proposed use of the property and the long-term proposed use of the property, both parties agree this Agreement should be recorded in the real estate records of the Clerk and Recorder of Weld County so the benefits and burdens assumed by both parties will become a matter of public record. Upon recording, this Agreement shall bind both parties, their heirs, executors and assigns. This Agreement may be amended only by a writing signed by both parties setting forth the terms of the amendment, and any such amendment shall not become effective until recorded with the Clerk and Recorder of Weld County, Colorado. IN WITNESS WHEREOF, the parties have executed this Agreement with the intent that it bind them as of the date set forth herein. REVIEWED AS TO LEGp FORM: THE CITY OF GREELEY, COLORADO Q / c( ,_,___ By: t, _ � Erg CITY A# EY Mayor APPROVED AS TO SUBSTANCE Attest: 0 &�� cITy AGER City Clerk I RICHERT E. QUINN CAROL QUINN 6 9301.10 • 0....... • HH�' Y.a"I/'F"N 24 IA a. -• —il / 4 �<77-7-1 ':n r— --I�r 7`ii --I C I fl; i ip{ , l illy. j BLOCK I ' I 4'B , i i ili t iitili1i , g . C ti .e E 4 t 4 _ � t ?^ i M: l �1 t•111 i, . eta t w li F N �o 7 .F :_fir.., is p i y A 1 I 1 -•-•, .4• ,.. � r• ,.. 1 �i syn I A -- --- I t II we oria-Are 110 1 It t Ii't •I I ./• ,' II + ' �I i' 8 m /''� i° i ' i. k . It'lii I t! 1 r• ��.hi- I I'.� ' F " {3`Z(p < .• 7 lig H r ... _. ..a......„,____ ___ . .._______ ,,1y,• 1 w ?ill ^�•. "' " Ixull ^�'TST. •_ .q AD 1�a. (/.1 '' 4 0mi 37 ? I`;.I SL� `ilt C 1 !ill --sr..,-tea/..- ' C\ .CC.. . p , t .._•1 ` -1 \ OC }NJ 1 r • -• • \1 V,1 'to a \i ; ini d .-. .�• . m \ 1 C' `l Pic t lr 1 I ti, F Ith : ..9t 1. tY \�. t F \• iii i 1 ~T 1' \ it.}• rids 1% _ il#. . ' ti. �' -i D T `�. ;'i.i}i 'I o i+ljw;` '�I+_ • .+..• �. 't• `, Tm z r p S!—fsr.r n.—9( "• t ''1'1 t, f . f tea\ } y _ 1 BO '1 yt. AD I '`O m � V i -1r-C--�j1,,. 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T i t ii i ii i ; r Sd i S 7.B 4.; ; :4 mEmoRAnDum Whit Keith Schuett 7o Planning II!,/ oate September 25 1992 COLORADO From Drew Scheltinga 1 Sub'act: Westridge Subdivision Fifth Filing, I have reviewed the letter dated September 10, 1992, by Glen Droegemueller regarding the potential of building permits in Westridge Subdivision Fifth Filing. Presently, Weld County maintains 24th Street to where the pavements ends approximately 500 feet west of 64th Avenue. West of that point, there is a private crossing over the irrigation ditch but no road to the west which has any regular use. The terrain is such that a private driveway could easily be constructed to access what would be Lots 6, 7 and 8 of Westridge Subdivision Fifth Filing. I have no objection to Mr. Droegemueller's proposals. However, I recommend there be an agreement between Weld County and the Quinn's which would include the following items: 1. Westridge Subdivision Fifth Filing would be limited to a specific number of building permits that would meet the Quinn's requirements for the construction of a house, barn, garage, etc. 2. Before additional permits would be issued, 24th Street and 24th Street Road would have to be constructed to County standards along with the installation of all utilities required to serve the development. Approved roadway plans, Utility Board approval and an Approvements Agreement could be required. 3. Upon completion of the public roadways, the proposed temporary road would be abandoned and removed. 4. Weld County will not accept maintenance responsibility, including snow removal, for the temporary road. I should note there are severe ground water problems on this site. There is a report in the Engineering Department files by Hogan and Olhausen, Inc. , Consulting Engineers, dated February 14, 1978, that discusses the issue. The Quinn's should be made aware basements would be questionable, special foundation requirements may be necessary and elevated leach fields required. Also, because of the poor soils and very high ground water, future engineering and construction of 24th Street may have complications and cost higher that normal construction. DS/pds:mschuett 0 t ^ * � r • y cc: Commissioner Webster L 1 1992 Ws Lee Morrison, Assistant County Attorney SEP 2 8 WscogehNodal 930110 3 r' !K 0 mEmoRAnDum 11190. To Keith Schuett Date COLORADO Weld County Planning September 23, 1992 From John S. Pickle, M.S.E.H. , Director, Environmental Hea Subject: Case Number: N/A Name: Dr. and Mrs. Richert Quinn Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. It is the policy of this Division not to recommend for approval of any lot size less than one (1) acre, which will utilize an Individual Sewage Disposal System. JSP/lam-1995 'tZ !tll Planning 9301:10 COMMUNITY DEVELOPMENT City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 Greeley October 7, 1992 0o+r0 id dim Mr. Keith Schuett "0/04D Weld County Planning & Zoning Department p4,40. 915 10th Street Greeley CO 80631 RE: Quinn Inquiry on Lots 1-11, Block 2 , Westridge 5th Filing Dear Mr. Schuett: I apologize for the lateness of my response, but with Steve gone I've been swamped. In response to Mr. Droegemueller's letter, I have the following information: First, in my discussions with Dan Moore, Water Resource Engineer in the Greeley Water Department, the water situation may be different than Mr. Droegemueller understands it. I have enclosed Greeley City Council Resolution No. 58, 1983, and direct your attention to Sections 4 and 5 in particular. As I understand this resolution, the Quinns would need to either annex to the City of Greeley or get the approval from Greeley City Council for the extension of water distribution lines. In addition, and assuming that water is available, the Water Department would require that a subdivision be serviced by a water main extension, not a small single lot service line. Therefore, the water main would have to be installed along 24th Street and 24th Street Road, terminating in the middle of the cul-de-sac. The two residential uses could then tap into the water main. I recommend that Mr. Droegemueller contact Dan Moore at 350-9814 for further details. Second, if the site is annexed, the Greeley Fire Department will require that a fire hydrant be installed if there is an adequate water line provided, which the water main would provide. This is especially necessary where there is more than one use or tap. Questions on these requirements should be directed to either Tom Bizzell or Duane Scheel of the Greeley Fire Department at 350-9502. Third, the Greeley Public Works Department does not normally approve a temporary road. However, in the limited instance that has been proposed, the Department may agree to an all-weather road surface on 24th Street and 24th Street Road, if there is a good enough development agreement and security ensuring the 9201'- Mr. Keith Schuett October 7, 1992 Page Two installation of the paved roadway. Typically, an adequate all- weather road base for a fire truck requires six inches of road base. In addition, it may be necessary for the Quinns to address the bridge on 24th Street as the bridge may not hold 50, 000-pound fire trucks. I suggest that any questions be directed to Steve Bagley, Deputy City Engineer, at 350-9792 . From the planing perspective, there are a couple of points. First, it isn't clear to me how the barn/apartment is to work in relation to the house. The barn would have to be located on the same lot(s) as the house, otherwise the barn would not be an accessory use, but a primary use. Second, from the size of the barn proposed, it sounds like the Quinns want quite a few horses. I think they would be limited to two horses per lot (i.e. , on which the barn is located) under the County regulations. It seems that, as a maximum, the Quinns would be allowed four horses, if the barn and house both cross property lines. I don't think it would be possible for both structures to be located in all three lots. Incidentally, the City's zoning does not limit the number of horses by lot in residential areas as long as the horses are for personal use only and not associated with a commercial operation (e.g. , such as boarding other people's horses, lessons, breeding, etc. ) . Sanitation and noise and other nuisance codes have to be addressed but are not usually a problem. Lastly, it seems that, if the Quinns are only developing one lot or a small percentage of the block, that there would be more argument for not requiring the standard subdivision infrastructure; however, where almost a third of the block is being developed and more than one dwelling unit is being constructed, the infra- structure ought to be installed. I may be reached at 350-9782 if there are any questions relating to planning matters. Again, I apologize for the lateness of the letter and hope that this provides the needed information. Please feel free to contact me if I may be of further assistance. Sincerely yours, G Flebb e Pla ner II Enclosure: Resolution 58, 1983 cc: Dan Moore, City of Greeley Water Resource Engineer Tom Bizzell, City of Greeley Fire Department Duane Scheel, City of Greeley Fire Battalion Coordinator Steve Bagley, Deputy City Engineer 930'!..+!0 • • MILLIKEN VOLUNTEER MILLIKEN MILLIKEN STA.#1 FIRE 10 ST. PROTECTION _ MILLIKEN, CO. DISTRICT P.O. BOX 41 MILLIKEN MILLIKEN STA.82 COLORADO 4225 YOSEMITE 80543 GREELEY, CO. 80834 FIRE & RESCUE DEPARTMENT December 3, 1992 Mr. Keith Schuett Weld County Planning & Zoning Department 1400 North 17th Avenue Greeley, CO 80631 Dear Mr. Schuett, On Saturday, November 28, 1992, I met with Dr. Quinn, George Underwood and Glen Droegemueller to discuss necessary fire protection for the construction of the proposed Quinn residence and horse barn on Lots 7 and 8 of the West Ridge Subdivision Fifth Filing. The Milliken Fire Protection District has responsibility for that particular subdivision as long as it remains in Weld County, and I do not feel the proposed barn or house present any unusual protection issues for the District. Dr. Quinn has agreed to place a fire hydrant on proposed 24th Street and tie the fire hydrant into the extension of an 8" water main required by the City of Greeley. Dr. Quinn has also agreed to provide a gravel access road on 24th Street from the location of the fire hydrant east back to existing 24th Street pavement and has also agreed to provide a temporary gravel road which would provide access to his residence and horse barn, both for Dr. Quinn' s own use and for emergency vehicles . The distance between the proposed fire hydrant and the location of the Quinn house and horse barn does not exceed distances which can be adequately served by the Milliken Fire Department with equipment the District possesses. As long as the access is maintained in a manner which will allow the Fire Protection District equipment to reach the fire hydrant, the property does not pose any particular problem relative to fire protection. If I may be of further assistance in this matter, please contact me at my office (330-8008, extension 276) or home (330- 3102) . Sincerely, teo ateLOu co Darrel Schneider, Chief Milliken Fire Protection D4 trO t o 7 m2 ,w4A nra.ae..nlannine 930'..4.0 Hello