HomeMy WebLinkAbout940280.tiff + ' RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL
FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) AND ACCEPT COLLATERAL -
HABROCK DEVELOPMENT CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated March 2, 1994, the Board did approve a
Subdivision Final Plat for Willow Springs Estates, requested by Eugene and Pamela
Habrock, dba Habrock Development Corporation, and Condition of Approval Lila
required a Subdivision Improvements Agreement be approved by the Board of County
Commissioners, and
WHEREAS, the Board has been presented with an Improvements Agreement
According to Policy Regarding Collateral for Improvements (Private Road
Maintenance) between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Habrock Development
Corporation, 8374 Weld County Road 64, Windsor, Colorado 80550, with terms and
conditions being as stated in said agreement, and
WHEREAS, Habrock Development Corporation has presented collateral to the
Board in the form of Surety Bond No. 19SB100852151BCA dated March 14, 1994, in
the amount of Three Hundred One Thousand One Hundred Eighty Dollars
($301, 180.00) , and
WHEREAS, after review, the Board deems it advisable to approve said
agreement and accept the abovementioned collateral, copies of which are attached
hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements Agreement According to Policy Regarding
Collateral for Improvements (Private Road Maintenance) between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and Habrock Development Corporation be, and hereby is, approved and
substituted for the agreement with the Habrocks individually approved under
Resolution #940223 dated March 2, 1994.
BE IT FURTHER RESOLVED by the Board that collateral in the form of Surety
Bond No. 19SB100852151BCA dated March 14, 1994, in the amount of $301, 180.00 be,
and hereby is, accepted.
940280
�� e(r ; NAr'.wc/ • F/
PRIVATE ROAD IMPROVEMENTS AGREEMENT - HABROCK DEVELOPMENT CORPORATION
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 21st day of March, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Avielletu47 WELD COUNTY, CO ORADO
Weld County Clerk to the Board
. s er, C airman
BY: itAIILLUAA,
eputy Cl k to the Board Dale K all, Pro-
APPROVED AS TO FORM: r v
ge E. axter
County Att ney Constance L. Harbert
A/, b .G ✓ .fld�:L its
Barbaraara J. )/ /if
Kirkml'yer
940280
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING
ROAD MAINTENANCE)
DCTROVEMENTS
THI AGREE ENT, made and entered into this
/ty day of
/ by and between the County of Weld, State of
Colorado, acting through its Board of County Commissioners,
hereinafter called "County" , and unbrock ne=1elnretent Carp
hereinafter called "Applicant" .
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling
interest in the following described property in the County of Weld,
Colorado:
See Exhibit C
WHEREAS, a final subdivision/PUD plat of said property, to be
known as Willow Springs Estates
has been submitted to the County for approval; and
WHEREAS, Section 7.2.3. 18 of the Weld County Subdivision
Regulations provides that no final plat shall be approved by the
County until the Applicant has submitted a Subdivision Improvement
Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the subdivision,
which improvements, along with a time schedule for completion, are
listed in Exhibits "A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the
acceptance and approval of said final plat, the parties hereto
promise, covenant and agree as follows :
1 . 0 Engineering Services : Applicant shall furnish, at its
own expense, all engineering services in connection with
the design and construction of the subdivision
improvements listed on Exhibit "A" which is attached
hereto and made a part of this reference .
1 . 1 The required engineering services shall be
performed by a Professional Engineer and Land
Surveyor registered in the State of Colorado, and
shall conform to the standards and criteria
established by the County for public improvements .
1 . 2 The required engineering services shall consist of,
but not be limited to, surveys, designs, plans and
profiles, estimates , construction supervision, and
the submission of necessary documents to the
County.
1 . 3 Applicant shall furnish drawings and cost estimates
for roads within the subdivision to the County for
approval prior to the letting of any construction
contract. Applicant shall furnish one set of
reproducible "as-built" drawings and a final
statement of construction cost to the County.
1
940280
B 1436 EEC 02382888 04/11/94 15 : 11 $0 . 00 1/011
F 0333 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
• •
2 .0 Rights-of-Way and Easements : Before commencing the
construction of any improvements herein agreed upon,
Applicant shall acquire, at its own expense, good and
sufficient rights-of-way and easements on all lands and
facilities traversed by the proposed improvements .
3 . 0 Construction; Applicant shall furnish and install, at
its own expense, the subdivision improvements listed on
Exhibit "A: which is attached hereto and made a part
hereof by this reference, according to the construction
schedule set out in Exhibit "B" also attached hereto and
made a part hereof by this reference.
3 . 1 Said construction shall be in strict conformance to
the plans and drawings approved by the County and
the specifications adopted by the County for such
public improvements . Whenever a subdivision is
proposed within three miles of an incorporated
community located in Weld County or located in any
adjacent county, the Applicant 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 the subdivision is proposed, the requirements
and standards of the County shall be adhered to.
If both the incorporated community an the County
have requirements and standards, those requirements
and standards that are more restrictive shall
apply.
3 . 2 Applicant shall employ, at its own expense, a
qualified testing company previously approved by
the County to perform all testing of materials or
construction that is required by the County; and
shall furnish copies of test results to the County.
3 . 3 At all times during said construction, the County
shall have the right to test and inspect or to
require testing and inspection of material and work
at Applicant ' s expense. Any material or work not
conforming to the approved plans and specifications
shall be removed and replaced to the satisfaction
of the County at Applicant ' s expense .
3 . 4 The Applicant shall furnish proof that proper
arrangements have been made for the installation of
sanitary sewer or septic systems, water, gas,
electric and telephone services .
3 . 5 Said subdivision improvements shall be completed,
according to the terms of this Agreement, within
the construction schedule appearing in Exhibit "B" .
The Board of County Commissioners, at its option,
may grant an extension of the time of completion
shown on Exhibit "B" upon application by the
Applicant subject to the terms of Section 6 herein.
4 . 0 Release of Liability: Applicant shall indemnify and
hold harmless the County from any and all liability loss
and damage county may suffer as a result of all suits ,
actions or claims of every nature and description caused
by, arising from, or on account of said design and
construction of improvements , and pay any and all
judgments rendered against the County on account of any
such suit, action or claim, together with all reasonable
expenses and attorney fees incurred by County in
2
B 1436 REC 02382888 04/11/94 15:11 $0 .00 2/011
F 0334 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
4ao2Rn
•
defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of
the negligence of county or its officers, agents ,
employees , or otherwise except for the liability, loss ,
or damage arising from the intentional torts or the gross
negligence of the county or its employees while acting
within the scope of their employment. All contractors
and other employees engaged in construction of the
improvements shall maintain adequate workman' s
compensation insurance and public liability insurance
coverage, and shall operate in strict accordance with the
laws and regulations of the State of Colorado governing
occupational safety and health.
(THERE IS NO SECTION 5)
6 . 0 Approval of Streets by the County: Upon compliance with
the following procedures by the Applicant, streets within
a subdivision may be approved by the County as public
roads and will be maintained and repaired by a homeowners
association or, in its absence, the owners of lots within
the subdivision.
6 . 1 If desired by the County, portions of street improvements
may be placed in service when completed according to the
schedule shown on Exhibit "B" , but such use and operation
shall not constitute an approval of said portions .
6 . 2 County may, at its option, issue building permits for
construction on lots for which street improvements
detailed herein have been started but not completed as
shown on Exhibit "B" , and may continue to issue building
permits so long as the progress of work on the
subdivision improvements in that phase of the development
is satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant.
6 . 3 Upon completion of the construction of streets within a
subdivision and the filing of a Statement of Substantial
Compliance, the applicant(s) may request in writing that
the County Engineer inspect its streets and recommend
that the Board of County Commissioners partially approve
them. Not sooner than nine months after partial
approval , the County Engineer shall, upon request by the
applicant, inspect the subject streets, and notify the
applicant(s ) of any deficiencies . The County Engineer
shall reinspect the streets after notification from the
applicant(s) that any deficiencies have been corrected .
If the County Engineer finds that the streets are
constructed according to County standards, he shall
recommend full approval . Upon a receipt of a positive
unqualified recommendation from the County Engineer for
approval of streets within the development, the Board of
County Commissioners shall fully approve said streets as
public but with private pay.
7 . 0 General Requirements for Collateral :
7 . 1 The value of all collateral submitted to Weld
County must be equivalent to 100% of the value of
the improvements as shown in this Agreement. Prior
to Final Plat approval, the applicant shall
indicated which of the five types of collateral he
prefers to be utilized to secure the improvements
subject to final approval by the Board of County
Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and the
plat recorded within six ( 6 ) months of the Final
3
B 1436 REC 02382888 04/11/94 15: 11 $0.00 3/011
F 0335 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
9462Rn
•
• •
Plat approval . If acceptable collateral has not
been submitted within six ( 6) months then the Final
Plat approval and all preliminary approvals shall
automatically expire. An applicant may request
that the County extend the Final Plat approval
provided the cost estimates are updated and the
development plans are revised to comply with all
current County standards, policies and regulations .
The improvements shall be completed within one ( 1)
year after the Final Plat approval (not one year
after acceptable collateral is submitted) unless
the applicant(s) requests that this Agreement be
renewed at least thirty ( 30) days prior to its
expiration and further provides that cost estimates
for the remaining improvements are updated and
collateral is provided in the amount of 100% of the
value of the improvements remaining to be
completed. If improvements are not completed and
the agreement not renewed within these time frames,
the County, at its discretion, may make demand on
all or a portion of the collateral and take steps
to see that the improvements are made.
7 . 2 The applicant may choose to provide for a phased
development by means of designating filings of a
Planned Unit Development Plan or Final Plat
Subdivision. The applicant would need only to
provide collateral for the improvements in each
filing as approved. The County will place
restrictions on those portions of the property that
are not covered by collateral which will prohibit
the conveyance of the property or the issuance of
building permits until collateral is provided or
until improvements are in place and approved
pursuant to the requirements for a Request for
Release of Collateral .
7 . 3 The applicant intends to develop in accordance with
Exhibits "A" and "B" .
8 . 0 Improvements Guarantee: The five types of collateral
listed below are acceptable to Weld County subject to
final approval by the Board of County Commissioners .
8 . 1 An irrevocable Letter of Credit from a Federal or
State licensed financial institution on a form
approved by Weld County. The letter of credit
shall state at least the following:
- The Letter of Credit shall be in an amount
equivalent of 100% of the total value of the
improvements as set forth in Section 6 . 0 and
exhibits "A" and "B" .
- The Letter of Credit shall provide for payment
upon demand to Weld County if the developer
has not performed the obligations specified in
the Improvements Agreement and the issuer has
been notified of such default .
- The applicant may draw from the Letter of
Credit in accordance with the provisions of
this policy.
- The issuer of the Letter of Credit shall
guarantee that at all times the unreleased
portion of the Letter of Credit shall be equal
to a minimum of 100% of the estimated costs of
4
B 1436 REC 02382888 04/11/94 15: 11 $0. 00 4/011
F 0336 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
4&n2Rn
• •
• completing the uncompleted portions of the
required improvements, based on inspections of
the development by the issuer. In no case
shall disbursement for a general improvement
item exceed the cost estimate in the
Improvements Agreement ( i .e. , streets, sewers,
water mains and landscaping, etc. ) . The
issuer of the Letter of Credit will sign the
Improvements Agreement acknowledging the
agreement and its cost estimates .
- The Letter of Credit shall specify that 15% of
the total Letter of Credit amount cannot be
drawn upon and will remain available to Weld
County until released by Weld County.
- The Letter of Credit shall specify that the
date of proposed expiration of the Letter of
Credit shall be either the date of release by
Weld county of the final 15% , or one year from
the date of Final Plat approval, whichever
occurs first. Said letter shall stipulate
that, in any event, the Letter of Credit shall
remain in full force and effect until after
the Board has received sixty (60) days written
notice from the issuer of the Letter of Credit
of the pending expiration. Said notice shall
be sent by certified mail to the Clerk to the
Board of County Commissioners .
8 . 2 Trust Deed upon all or some of the proposed development
or other property acceptable to the Board of County
Commissioners provided that the following are submitted:
- In the event property within the proposed
development is used as collateral , an appraisal is
required of the property in the proposed
development by a disinterested M.A. I . member of the
American Institute of Real Estate Appraisers
indicating that the value of the property
encumbered in its current degree of development is
sufficient to cover 100% of the cost of the
improvements as set forth in the Improvements
Agreement plus all costs of sale of the property.
- In the event property other than the property to be
developed has been accepted as collateral by Weld
County, then an appraisal is required of the
property by a M.A. I . member of the Institute of
Real Estate Appraisers indicating that the value of
the property encumbered in its current state of
development is sufficient to cover 100% of the cost
of the improvements as set forth in the
Improvements Agreement plus all costs of sale of
the property.
- A title insurance policy insuring that the Trust
Deed creates a valid encumbrance which is senior to
all other liens and encumbrances .
- A building permit hold shall be placed on the
encumbered property.
8. 3 Escrow Agreement that provides at least the following:
- The cash in escrow is at least equal to 100% of the
amount specified in the Improvements Agreement.
5
B 1436 REC 02382888 04/11/94 15: 11 $0 .00 5/011
F 0337 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940280
• •
- The escrow agent guarantees that the escrowed funds
will be used for improvements as specified in the
agreement and for no other purpose and will not
release any portion of such funds without prior
approval of the Board.
- The escrow agent will be a Federal or State
licensed bank or financial institution.
- If the County of Weld County determines there is a
default of the Improvements Agreement, the escrow
agent, upon request by the County, shall release
any remaining escrowed funds to the County.
8 . 4 A surety bond given by a corporate surety authorized to
do business in the State of Colorado in an amount
equivalent to 100% of the value of the improvements as
specified in the Improvements Agreement.
8 . 5 A cash deposit made with the County equivalent to 100% of
the value of the improvements .
9 . 0 Request for Release of Collateral : Prior to release of
collateral for the entire project or for a portion of the
project by Weld County, the Applicant must present a
Statement of Substantial Compliance from an Engineer
registered in Colorado that the project or a portion of
the project has been completed in substantial compliance
with approved plans and specifications documenting the
following:
9 . 1 The Engineer or his representative has made regular
on-site inspections during the course of
construction and the construction plans utilized
are the same as those approved by Weld County.
9 . 2 Test results must be submitted for all phases of
this project as per Colorado Department of Highway
Schedule for minimum materials sampling, testing
and inspections found in CDOH Materials Manual .
9 . 3 "As built" plans shall be submitted at the time the
letter requesting release of collateral is
submitted. The Engineer shall certify that the
project "as built" is in substantial compliance
with the plans and specifications as approved or
that any material deviations have received prior
approval from the County Engineer.
9 . 4 The Statements of Substantial Compliance must be
accompanied, if appropriate, by a letter of
acceptance of maintenance and responsibility by the
appropriate utility company, special district or
town for any utilities .
9 . 5 A letter must be submitted from the appropriate
Fire Authority indicating the fire hydrants are in
place in accordance with the approved plans . The
letter shall indicate if the fire hydrants are
operational and state the results of fire flow
tests .
9 . 6 The requirements in 9 . 0 thru 9 .5 shall be noted on
the final construction plans .
9 . 7 Following the submittal of the Statement of
Substantial Compliance and recommendation of
approval of the streets by the County, the
6
B 1436 REC 02382888 04/11/94 15 : 11 $0 . 00 6/011
F 0338 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
940280
• •
applicant(s) may request release of the collateral
for the project or portion of the project by the
Board. This action will be taken at a regularly
scheduled public meeting of the Board.
9 . 8 The request for release of collateral shall be
accompanied by "Warranty Collateral" in the amount
of 10% of the value of the improvements as shown in
this Agreement excluding improvements fully
accepted for maintenance by the responsible
governmental entity, special district or utility
company.
9 .9 The warranty collateral shall be released to the
applicant upon final approval by the Board of
County Commissioners .
10 . 0 Public Sites and Open Spaces : When the Board of County
Commissioners, pursuant to a rezoning, subdivision or
planned unit development, requires the dedication,
development and/or reservation of areas or sites other
than subdivision streets and utility easements of a
character, extent and location suitable for public use
for parks, greenbelts or schools, said actions shall be
secured in accordance with one of the following
alternatives, or as specified in the PUD plan, if any:
10 . 1 The required acreage as may be determined according
to the Weld County Subdivision Regulations shall be
dedicated to the County or the appropriate school
district, for one of the above purposes . Any area
so dedicated shall be maintained by the County or
school district.
10 . 2 The required acreage as determined according to the
Weld County Subdivision Regulations, may be
reserved through deed restrictions as open area,
the maintenance of which shall be a specific
obligation in the deed of each lot within the
subdivision.
10 . 3 In lieu of land, the County may require a payment
to the County in an amount equal to the market
value at the time of final plat submission of the
required acreage as determined according to the
Subdivision Ordinance. Such value shall be
determined by a competent land appraiser chosen
jointly by the Board and the Applicant. The cash
collected shall be deposited in an escrow account
to be expended for parks at a later date .
11 . 0 Successors and Assigns : This Agreement shall be binding
upon the heirs, executors, personal representatives,
successors and assigns of the Applicant, and upon
recording by the County, shall be deemed a covenant
running with the land herein described, and shall be
binding upon the succpssors in ownership of said land.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first above
written.
B 1436 REC 02382888 04/11/94 15:11 $0 .00 7/011
F 0339 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
7
94028
• •
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ATTEST: GAT
Weld Codrity Cl*Ic 'the Board Atf �! U
Deputy C eY•]c\ to the nbahil
APPROVED AS TO FORM:�t'(1;;;2"241-4- unty Atborneyrock. L eoeioPm /
Cn� Cc
f}T EST-. (1;;;2"241-4- /J 421' ®® 644-APPLICANT4 ., I
BY: Eugene. L. /-(abr6cJc, Rresrdew+
J (taw
e
.#00-64"144,0.
Subscribed and sworn to before me this /4-da `e, -.` qr„,/
19 95/
My Commission expires : ` c--
/V741
C AP I
a' co+-0 p
afdmmi ao
B 1436 REC 02382888 04/11/94 15: 11 $0 .00 8/011
F 0340 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
aprlvate.db
8
940280
• •
EXHIBIT "A"
Name of Subdivision: Willow Springs Estates
Filing:
Location: Weld County Road 23 and Colorado Highway 392. Wind qnr en
Intending to be legally bound, the undersigned Applicant hereby
agrees to provide throughout this subdivision and as shown onthe
19
subdivision final plat County dated 19 in Book , Page
recorded on g
No. , Reception No. , the following
improvements .
(Leave spaces blank where they do not apply) Estimated
Improvements Unit Cost Construction Cost
Street grading 17,086
25,428
Street base
Street paving 39,491
Curbs, gutters, & culverts
Sidewalk
Storm sewer facilities 3,552
Retention ponds
Ditch improvements
Subsurface drainage
Sanitary sewers
Sanitary sewers
Trunk & forced lines
Mains
Laterals (house connected)
On-site sewage facilities 5,000
9
On-site water supply & storage
Water mains-Includes Bore 4,080500
Fire hydrants
Survey & street monuments & boxes
Street lighting
a Street name signs
o Fencing requirements
a, p Landscaping
o Park improvements
O Road Culvert
w OW Grass Lined Swale
0 3 Telephone 12,000
o a Gas 9,874
Fa
• Electric 36,809
o Water Transfer
Bridge 49.560
.-1 (x
a SUB-TOTAL 297,380
"P I-4 Engineering and Supervision Costs 3,800
(testing, inspection, as-built plans and work in addition to
• z preliminary and final plat; supervision of actual construction by
ri
contractors)
d' E
CD a TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 301.180
05
co w
aow
CN co z The above improvements shall be constructed in accordance with all
,h z County requirements and specifications , and conformance wi il},,,t„l, ' s
Nit provision shall be determined solely by Weld County, ort 9,
>, authorized agent. •__ ���•
oz
Said improvements shall be completed according to the ctorftruct qp:
M schedule set out in Exhibit "B" . _*s
rporation, to be signed byPresident and attestesecretary, together with corporate seal . )
Date: 3//71 , 19 9/.
9 940280
EXHIBIT "B" •
Name of Subdivision: Willow S rin s Estates
Filing:
Location: Weld County Road 23 and Colorado Highway 392, Windsor, Co.
Intending to be legally bound, the undersigned Applicant hereby
agrees to construct the improvements shown on the final subdivision
plat of dated 19 , Recorded on
Subdivision, 19 , in Book , Page No.
Reception No. , the following schedule.
All improvements shall be completed within One (1) years from
the date of approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall
be completed as follows :
(Leave spaces blank where they do not apply. )
Improvements Time for Completion
Site grading May 31, 1994
Street base May 31 . 1994
Street paving October 31, 1994
Curbs, gutters, and culverts
Sidewalk
Storm sewer facilities
Retention ponds May 31, 1994
Ditch improvements May 31, 1994
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house connected)
On-site sewage facilities
On-site water supply and storage May 31. 1994
Water mains May 31, 1994
Fire hydrants May 31, 1994
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
Telephone May 31, 1994
Gas May 31. 1994
Electric stay 31. 1994
WASIMOCffigagletOCIE Bridge October 31, 1994
Sub-Total
The County, at its option, and upon the request by the Appli, T c
may grant an extension of time for completion for any part• ar •.,•0➢':,
improvements shown above, upon a showing by the Applicant thgt' the ••• -�
above schedule cannot be met.
ec
( If corporation, to be signed\ by President and attested - A
Secretary, together with corporate seal . ) / ' ""r`
""
Date: ,�//t. , 199V .
B 1436 REC 02382888 04/11/94 15: 11 $0 .00 10/011
F 0342 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Revised 10/20/93
aprivate.db
10 940280
Exhj¢it "C"
CERTIFICATE OFeICATION, OWNERSHI MAI ANCE:
KNOW ALL MEN BY THOSE PRESENT THAT EUGENE L. AND PAMELA A. HABROCK
BEING THE OWNERS, MORTGAGEE OR LIENHOLDER OF CERTAIN LANDS IN WELD
COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN SECTION 24, TOWNSHIP 6 NORTH, RANGE 67
WEST OF THE 6TH P.M., WELD COUNTY, COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 24 AND
CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER TO BEAR NORTH
00'12'13" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 24,
NORTH 00'12'13" EAST, 2195.46 FEET TO A POINT FIh I FEET SOUTH AS
MEASURED AT RIGHT ANGLES TO THE CENTERLINE OF THE GREELEY #2 CANAL;
THENCE PARALLEL AND 50' SOUTH OF SAID CENTERLINE THE FOLLOWING 19
COURSES:
1 . THENCE SOUTH 77'41 '05" EAST, 114.16 FEET;
2. THENCE 129.10 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF
171 .50 FEET AND A CENTRAL ANGLE OF 43'07'47", WHOSE
RADIUS POINT BEARS NORTH 12'18'55" EAST;
3. THENCE NORTH 59'11 '08" EAST, 67.93 FEET;
4. THENCE 64.67 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF
61 .98 FEET AND A CENTRAL ANGLE OF 59'47'10", WHOSE RADIUS
POINT BEARS SOUTH 30'48'52" EAST;
5. THENCE SOUTH 61'01 '42" EAST, 81 .21 FEET;
6. THENCE 190.21 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF
• p 214.29 FEET AND A CENTRAL ANGLE OF 50'51 '29", WHOSE RADIUS
• v POINT BEARS NORTH 28'58'18" EAST;
7. THENCE NORTH 68'06'49" EAST, 67.98 FEET;
'4 a' 8. THENCE 290.89 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF
ca 431 .06 FEET AND A CENTRAL ANGLE OF 38'39'52", WHOSE RADIUS
POINT BEARS SOUTH 21'53'11" EAST;
0 3 9. THENCE SOUTH 73'13'19" EAST, 145.03 FEET;
• 10. THENCE 84.46 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF
o
SDI 420.67 FEET AND A CENTRAL ANGLE OF 11'30'12", WHOSE RADIUS
POINT BEARS NORTH 16'46'41" EAST;
a 11 . THENCE SOUTH 61'43'07" EAST, 23.17 FEET;
leg 12. THENCE 188.85 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS OF
• a 139.29 FEET AND A CENTRAL ANGLE OF 77'40'57", WHOSE RADIUS
ar POINT BEARS NORTH 28'16'53" EAST;
" 13. THENCE NORTH 40'35'56" EAST, 104.32 FEET;
x 14. THENCE NORTH 36'00'15" EAST, 96.80 FEET;
a a 15. THENCE 102.96 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS
°' OF 59.05 FEET AND A CENTRAL ANGLE OF 99'54' 19", WHOSE
z RADIUS POINT BEARS SOUTH 53'59'45" EAST;
pa •16. THENCE SOUTH 44'05'26" EAST, 118.39 FEET;
c w 17. THENCE 187.55 FEET ALONG THE ARC OF A CURVE HAVING A RADIUS
OF 386.22 FEET AND A CENTRAL ANGLE OF 27'49'24", WHOSE
} RADIUS POINT BEARS NORTH 45'54'34" EAST;
OD
row 18. THENCE SOUTH 71'54'50" EAST, 126.45 FEET;
N °" 19. THENCE SOUTH 69'49'54" EAST, 231 .51 FEET TO AN EXISTING
co z FENCE LINE; THENCE ALONG SAID FENCE LINE, SOUTH 01'14'12" EAST,
0 < 2006.78 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID
>., SECTION 24; THENCE ALONG SAID LINE, SOUTH 89'34'28" WEST,
ti 14 2211 .45 FEET TO THE TRUE POINT OF BEGINNING.
a
%D M SAID PARCEL CONTAINING 109.01 ACRES, MORE OR LESS, HAVE BY THESE
m PRESENTS LAID OUT, PLATTED, AND SUBDIVIDED THE SAME INTO LOTS AND
rl BLOCKS, AS SHOWN ON THIS PLAT, UNDER THE NAME AND STYLE OF WILLOW
w w SPRINGS SUBDIVISION AND DO HEREBY DEDICATE TO THE BOARD OF COUNTY
COMMISSIONERS, PUBLIC, SCHOOL DISTRICT, OWNERS AND FUTURE OWNERS OF
THIS SUBDIVISION ALL WAYS, PUBLIC RIGHT-OF-WAY, EASEMENTS, PARKS AND
OPEN SPACE, AND OTHER PUBLIC RIGHTS-OF-WAY AND EASEMENTS FO ,F�I}RPfbn
SHOWN HEREON. ULJAJ Ivy
• •
KAROWSKY, WITWER, MILLER & OLDENBURG
ATTORNEYS AT LAW
•
822-7TH STREET.SUITE 760
JACQUELINE JOHNSON
STOW L. ITWER.JR. P.O. BOX 1407 CURTIS R.SEARS
MI
LLER
MILLER
R.SAM OLDENBURG GREELEY. CO 8063 2-1 407 CHARLES A.KAROWSKY
JOHN J.BARRY OF COUNSEL
(303)352-3161
MARILYN J.DAVID
FACSIMILE(303)352-3165
March 18 , 1994
Lee D. Morrison
Assistant County Attorney
PO Box 1948
Greeley, CO 80632
Re: Gene and Pam Habrock; Willow Springs
Estates Subdivision
Dear Lee:
This letter shall confirm our conversation wherein we discussed
the change of the applicant in connection with the above-referenced
subdivision from Gene and Pam Habrock, individually, to Habrock
Development Corp. Please let me know at your earliest convenience if
anything said herein is incorrect or untrue.
The Habrocks have formed Habrock Development Corp. for the
purpose of developing Willow Springs Estates Subdivision. Therefore,
they now request that the owner/applicant on all documents and
instruments related to the subdivision process be changed to Habrock
Development Corp.
In order to accomplish same, and pursuant to your request, Gene
Habrock either has or will be furnishing you with the following:
a. A final plat with all required signatures thereon reflecting
the applicant/owner as Habrock Development Corp. ;
b. A revised subdivision development agreement and related
surety bond, both fully executed in the name of Habrock Development
Corp. ;
c. A copy of a recorded deed conveying the platted property
from Pam and Gene Habrock to Habrock Development Corp. ; and
d. A copy of the Certificate of Incorporation for Habrock
Development Corp.
If there is any problem or concern related to this request, or
any of the documents furnished in connection herewith, please call me .
Otherwise, we will assume that upon receipt of the documents and
instruments referenced above, you will see that the change is made
effective .
940280
. •
KAROWSKY, WITWER, MILLER & OLDENBURG
Lee D. Morrison -2- March 18, 1994
We appreciate your time and cooperation with respect to this
matter.
Best regards,
KAR0WSKY, WITWER, MILLER & 0LDENBURG
Curtis R. Sears
vle
Enclosures
pc: Pam and Gene Habrock
940280
ic:iv. ThRV),C ` '�,y
STATE }LORADO
\8?b/
DEPARTMENT OF
STATE
CERTIFICATE
I, NATALIE MEYER, Secretary of State of the State of
Colorado hereby certify that the prerequisites for the
issuance of this certificate have been fulfilled in compli-
ance with law and are found to conform to law.
Accordingly, the undersigned, by virtue of the authority
vested in me by law, hereby issues A CERTIFICATE OF
INCORPORATION TO
HABROCK DEVELOPMENT CORP.
Dated: MARCH 09, 1994
(17-7 -1c:Ci 74-#1X-j
\ - SECRETARY OF STA
: Limmes ..............
940280
ARTICLES OF INCORPORATION
_
OF t
HAHROCK DEVELOPMENT CORP. 941027949 $50.00
SOS 03-09-94 08:30
THE UNDERSIGNED natural person(s) , more than eighteen years of
age, hereby establishes a corporation pursuant to the statutes of
Colorado and adopts the following Articles of Incorporation:
1 . Name : The name of the corporation is Habrock Development
Corp.
2 . Duration: The corporation shall have perpetual existence .
3 . Purposes and Powers :
a. Purposes : The purposes of the corporation are any
lawful business pursuits under the laws of Colorado.
b. Powers : In furtherance of the foregoing purposes the
corporation shall have and may exercise all of the rights, powers, and
privileges now or hereafter conferred upon corporations organized
under the laws of Colorado. In addition, it may do everything
necessary, suitable and proper for the accomplishment of any of its
corporate purposes . The corporation may conduct its business and own
any type of property or rights anywhere in the world.
The foregoing enumeration of purposes and powers shall not limit or
restrict in any manner the exercise of other and further rights and
powers which may now or hereafter be allowed or permitted by law.
4 . Stock:
a. Authorized Shares : The aggregate number of shares
which the corporation shall have authority to issue is 100 shares of
common stock of no par value.
b. Voting: Each shareholder of record shall have one
vote for each share of stock standing in his name on the books of the
corporation and entitled to vote, except that in the election of
directors he shall have the right to vote such number of shares for as
many persons as there are directors to be elected.
i . Cumulative voting shall not be allowed in the
election of directors or for any other purpose .
c. Pre-emptive Rights : The holders of the common stock
of the corporation shall be entitled as of right to purchase or
subscribe for any unissued or treasury shares of any class, or any
additional shares of any class to be issued by reason of any increase
of the authorized shares of the corporation of any class, or any
bonds, certificates of indebtedness, debentures, or other securities,
rights, warrants or options convertible into shares of the corporation
or carrying any right to purchase shares of any class, in accordance
with their proportionate equity in the corporation.
940280
it
•
•
d. Consideration for Shares : Shares of the corporation
,) not having a par value shall be issued for such consideration
expressed in dollars as may be fixed from time to time by the vote of
. the directors .
e . Restrictions on Transfer: The corporation is
authorized, by means of its Bylaws or by appropriate stock agreements,
to impose restrictions or agree to restrictions upon the transfer of
any shares of its common stock, or any interests therein, from time to
time issued, provided that such restrictions, or notice of the
• substance thereof, shall be set forth upon the face or the back of the
certificates representing said shares of common stock.
5 . Board of Directors : The number of directors of the
corporation shall be fixed by the Bylaws and shall not be more than
three (3) nor less than the number required by the Colorado
Corporation Code, as amended. Two (2) directors shall constitute the
initial Board of Directors . The following persons shall serve as the
corporation' s initial directors until the first annual meeting of
shareholders or until their successors are duly elected and qualified:
Pamela A. Habrock Eugene L. Habrock
PO Box 876 PO Box 876
Windsor, CO 80550 Windsor, CO 80550
6 . Limitation of Director Liability: To the fullest extent
permitted by the Colorado Corporation Code as the same exists or may
hereafter be amended, no director of this corporation shall be liable
to the corporation or its shareholders for monetary damages for breach
of fiduciary duty as a director. Neither the amendment nor repeal of
this Article, nor the adoption of any provision of the Articles of
Incorporation inconsistent with this Article, shall eliminate or
reduce the protection afforded by this Article to a director of the
corporation with respect to any matter which occurred, or any cause of
action , suit or claim which but for this Article would have accrued or
arise: , prior to such amendment, repeal, or adoption.
7 . Registered Agent and Address : The address of the initial
registered office of the corporation is 12275 W.C.R. 74, Eaton, CO
80615 . The name of the initial registered agent at such address is
Eugene L. Habrock.
8 . Management of Corporate Affairs : The following provisions
are inserted for the management of the business and for the conduct of
the affairs of the corporation, and the same are in furtherance of and
not in limitation or exclusion of the powers conferred by law:
a. Transactions with Interested Persons : No contract or
other transaction between the corporation and one or more of its
directors or officers, or between the corporation and any other
corporation, company, partnership, association, or other organization
in which one or more of its directors or officers are directors,
officers, managers, partners, or have a financial interest, shall be
void or voidable solely for that reason, or solely because the
director or officer is present at or participates in the meeting of
the Board of Directors or committee thereof which authorizes, approves
_2_
940 8O
•
•
or ratifies the contract or transaction, or solely because his or
.their votes are counted for such purpose, if: (i) the material facts
as to his or their relationship or interest and as to the contract or
transaction are disclosed or are known to the Board of Directors or
committee, and the board or committee in good faith authorizes,
approves, or ratifies the contract or transaction by the affirmative
vote of a majority of the disinterested directors, even though the
disinterested directors are less than a quorum; or (ii) the material
facts as to his or their relationship or interest and as to the
contract or transaction are disclosed or are known to the shareholders
entitled to vote thereon, and the contract or transaction is
specifically authorized, approved or ratified in good faith by vote of
the shareholders; or (iii) the contract or transaction was fair as to
the corporation. Common or interested directors may be counted in
determining the presence of the quorum at a meeting of the Board of
Directors or the committee thereof which authorizes, approves or
ratifies the contract or transaction.
b. Negation of Equitable Interests in Shares or Rights :
. The corporation shall be entitled to treat the registered holder of
any shares of the corporation as the owner thereof for all purposes,
including all rights deriving from such shares, and shall not be bound
to recognize any equitable or other claims to, or interest in, such
shares or rights deriving from such shares, on the part of any other
person, including but without limiting the generality hereof, a
purchaser, assignee or transferee of such shares or rights deriving
from such shares, unless and until such purchaser, assignee,
transferee or other person becomes the registered holder of such
® shares, whether or not the corporation shall have either actual or
constructive notice of the interest of such purchaser, assignee,
transferee or other person. The purchaser, assignee, or transferee of
any of the shares of the corporation shall not be entitled: to
receive notice of the meetings of the shareholders ; to vote at such
meetings ; to examine a list of the shareholders ; to be paid dividends
or other sums payable to shareholders; or to own, enjoy and exercise
any other property or other rights deriving from such shares until
such purchaser, assignee, or transferee has become the registered
holder of such shares .
c. Distributions in Partial Liquidation: The Board of
Directors may from time to time distribute to the shareholders in
partial liquidation, out of stated capital or capital surplus of the
corporation, a portion of its assets in cash or property, subject to
the limitations contained in the statutes of Colorado.
d. Indemnification: The corporation shall indemnify, to
the extent permitted by law, any director, officer, agent, fiduciary
or employee of the corporation against any claim, liability or expense
arising against or incurred by such person as a result of actions
reasonably taken by him in such capacity in representing the
corporation or at the direction of the corporation. The corporation
shall have the further authority to the full extent permitted by law
to indemnify those persons against any claim, liability or expense
arising against or incurred by them in all other circumstances and to
maintain insurance providing such indemnification.
-3-
940;80
9 . Incorporator: The names and addresses of the incorporators
are: Pamela A. Habrock, PO Box 876, Windsor, CO 80550; and Eugene L.
Habrock, PO Box 876,, Windsor, CO 80550 .
DATED March 4 , 1994 .
(Pamela A. Habrock
l
Eu ne L. Habrock
STATE OF COLORADO )
) ss .
COUNTY OF WELD
I, \I ,CLIc L .EcL\o..cck± , a notary public, hereby certify
that on March Lk , 1994, personally appeared before me Pamela A.
Habrock and Eugene L. Habrock, who, being by me first duly sworn,
severally declared that they were the persons who signed the foregoing
documents as incorporators, and that the statements therein contained
® are true .
WITNESS my hand and official seal . „ ;•;;:.•. •; ,;_.
it''rA 1,. ys+
L.Ec kcLA ` Jcaret qqt
Notary Public ta
s•,...• 4
My commission expires : ll 1G� � ,f e.at
*4_1. ,24.,? ;•c,�?C
+ ,cur.• '
-4-
940280
Ai12_19145
eclat _ B 143&REC 02379145 03/18/94 15 : 13 $10 . 00 1/002
RbceptionNo._ F 0927 MARY ANN FEUERSTEIN CLERK & RECORDER WELD •CO, CO
•
Quit Claim Deed
THIS DEED is a conveyance from the individual(s),corporation(s)or other entity(ies)named below as GRANTOR to
the individual(s)or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real
property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its
appurtenances.
The specific terms of this deed are:
Grantor: (GNe name(*)and place(s)of residence,if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as
husband and wial Eugene L. Habrock and Pamela A. Habrock
PO Box 876
Windsor, CO 80550
Grantee: (Give names)and eddressfes),statement of address,including available road or street number,is required 1
Habrock Development Corp. , a Colorado corporation
PO Box 876
Windsor, CO 80550
Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the works'in joint tenancy or
words of the same meaning are added in the space below)
None
Property Description: (Include county end stale)
See Exhibit A attached hereto and incorporated herein by reference
Property Address:
o None
Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to covey less than he owns.or if the
GRANTOR is restncting the GRANTEE'S rights in the property,make appropnate indication)
None
o Executed by the Grantor on March 9 •19 94 Signature Clause for indtvidual(s):
Signature Clause fee Crapmation,Partnership or Association:
`. //N/YJJI//!!L U1 t7TLfj ''T I
Name of Grantor: Corporation,Partnership or Association I)ame a a roc / rantor
tee
By hug e aH Grantor
By Grantor
Attest:
�R a
STATE OF COLORADO l'"'
COUNTY OF WELD ) �' •• ' ';•,,.,,'rsy )
The foregoing instrument was ackrwwtedged before me IS 9th day of March t /atf4 'P��9-`'?
�. Eugene L. Habrock and Pamela A. Habrock ''"wp_�, ,.. I. *
WIT NESS my hold and official sad .: ` it'll
,rV�G
my commission atplrer. 1 ..list t "'�
STATE OF ) Notary►ublie '•1 :� �P
COUNTY OF
The foregoing'nave was acknowledged before me this day of .19
B'
('none Indvi&d Grantors)rs)or If Grata is CaporoSon.Palmetto or Association.then Identify signers as president or vice president and seaetay or assstant
secretory of corporation,or as polyerts)or os adnorded memberts)of association.)
WITNESS my hand and official seal.
My commission expires:
Notary Public
940280
•
•
•
B 1432 REC 02379145 03/18/94 15 : 13 $10 . 00 2/002
F 0928 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
PROPERTY DESCRIPTION
The following real property in the County of Weld, State of
Colorado, to-wit :
That part of the West Half (WA) of the Northwest Quarter
(NW%) and the West 825 feet of the East Half (E54) of the
Northwest Quarter (NW1%) of Section Twenty-four (24) ,
Township Six (6) North, Range Sixty-Seven (67) West of the
6th P.M. , County of Weld, State of Colorado, lying South of
the Irrigating Canal No. 2, sometimes called the No. 2 Canal
or the No. 2 Ditch.
And together with an access easement as dedicated across the
West 30 feet of Lot A of Recorded Exemption No. 0807-24-2-
RE1381, recorded January 17, 1992 in Book 1323 at Reception
No. 02275478, and two irrigation wells, Well #1 013618-F and
Well #2 013619-F.
940280
Hello