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Home My WebLink About740507 BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . S-40 Date April 4 , 1974 APPLICATION OF Dave Knaus ADDRESS Rt . 2 , Box 166 , Greeley , Colorado 80631 Moved by John Weigand that the following resolution be introduced for passage by the Weld County Planning Commission : Be it Resolved by the Wild County Plannir1g__C-Gmmi-s-s that the Subdivision Plat for Knaus Subdivision , Second Filing ) located on the following described prope Weld _-County , Colorado , to-wit : COUNTY OF WELD ss. Filed with the Clark of the board See attached p1 at of County Commissioners SEP I 0 W74 be recommended (favorably ) 010~6***A6Sto the Board of County Commissioners for the following reasons : Complies with zoning and subdivision regulations . SUBJECT TO : The elimination of the 1 ' buffer strip along 71st Avenue and state , "No Access" where necessary . Also place a 1 ' buffer strip along the North boundaries of Lots 9 and 10 and along the East boundaries of Lots 10 and 11 and along the North boundaries of Lots 12 and 13 . Motion seconded by Glenn Anderson Vote : For Passage John Watson Against Passage J . Ben Nix Glenn Anderson John Weigand Ronald Heitman 740507 The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board ofCounty Commissioners for further proceedings . CERTIFICATION OF COPY I, Linda Jose , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on April 2 , 1974 , and recorded in Book No. 4 , Page No. , of the proceedings of said Planning Commission. Dated this _..4t.1.... . day of April , 19 74. Icording Secr iy, Weld County Planning Commission October 7, 1974 I hereby certify that a public hearing was had on a request for a Second Filing, Knaus Subdivision, by Dave Knaus, at 11:00 A.M. , in the Office of the Board of County Commissioners, Greeley, Colorado. A motion was made and seconded to hold the hearing over to a future date. Motion carried. ATTEST: COUNTY CLERK & RECORDER CHAIRMAN AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO KBY ! . lti i., rL.e-7:11 Lc('i• at . j pity County Clerk /J q � .e - CaliJV A TEND A N C E RECD„ D Applicant : /J 1� / .<�,✓/I• )) Time ; Docket #///) Date: (A9 7'`' l 7 ..7? / Request ;- - a� h i • NAME ( A DDRE S S SC- - / CVY-7 _ Qt ---Q---JEE1,c3,-.1 • l f SUBDIVISION IMPROVEMENTS AGREEMENT EAIIIBIT "A" Date : cJl',o Name o u ivnision : Location : liJ off s4' h1-• Intending to be legally bound , the undersigned subdivider hereby agrees to provide throughout this subdivision and as shown on the subdivision plat of Knaus Subdivision, 2nd , dated June 4th , 1921, the following county improvements . Filing (Leave spaces blank where they do not apply) Estimated Construction Unit Construction Completion Improvements Cost Cost Cost i Street grading ' 11/46—%V $ ‘gex Street base "t f 5 • Street paving 9-6-3 La49/2& '1 Curbs , gutters & culverts I Sidewalks 1 Ole k' %¢ Storm -ez a , itle-S J • I •$ahr n hi tsTr'RIITrds I I i itth-suefee' Sanitary sewers Ttunk- &-4arted lines - Mains-- - Lrt-erals (house conn) ' On -s to=aemaee facilities -On-site Water supply & storage Water mains I >V /, a/4 Fire hydrants 15,D .9' //ciQ Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscape proposal Park improvements I SUB TOTAL ` ( )(/ Supervision Cost . '/j©D Engineering Costs ¢1/e, ( testing , inspection , as=built plans and work in addition to preliminary and Final . Plat) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 71 /+ SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" (continued) The above improvements shall be constructed in accordance with all County requirements and specifications , and conformance with this provision shall be determined solely by Weld County , or it' s duly authorized agent. The improvements shall be constructed in accordance with the time schedules shown above. tLiSignature of 5u��iv der / fir ( If corporation , to be signed by President and attested to by Secretary, together with the corporate seal . ) Dated : June 4th , 1974 ACCEPTANCE Approved by resolution of the at the meeting of , 19_. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO ATTEST: Clerk to the Board By Deputy County Clerk • APPROVED AS TO FORM: County Attorney FINAL SUBDIVISION APPLICATION Weld County Planning Department Services Building, Greeley, Colo. FOR PLANNING DEPARTMENT USE ONLY: CASE NUMBER S.90 SEC: TWP RANGE: LAND CODE: T: S: 1/4: KEY: SUB/DIV CODE: SUB: BLK: LOT: KEY: APPLICATION FEE: .P5 p--D APP. CHECKED BY: ��i REFER TO: 1) DATE REC. NO: 1 ,17 2) DATE LEGAL DESC. APPROVAL 3) - DATE 4) DATE TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIR- MENTSs Print or type only, except for necessary signatures. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: (if additional space is required, attach an additional sheet of this same size. ) NAME OF PROPOSED SUBDIVISSIOH EXISTING ZONING 41 �- PROPOSED ZONING TOTAL AREA (ACRES) NUMBER OF LOTS PROPOSED LOT SIZE: AVERAGE MINIMUM UTILITIES: WATER: NAME SEWER: NAME GAS: NAME PHONE: NAME DISTRICTS: SCHOOL: NAME FIRE: NAME DESIGNERS' NAME ADDRESS ENGINEERS' NAME / f �P�l/,to... ADDRESS FEE OWNE OF AREA PROPOSED FOR SU DIVISION Q NAME ./ /P ,ei17e2v..� ADDRESS /Y.ar-° 7,-/r TEL E...957. 7- 72 NAME /2M4r#jar < '7/9aS ADDRESS 62�' `t TELE. NAME ADDRESS TELE. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF (lC�t ) STATE OF /J ) Signature: Owner or Authori ed A t Subscribed and sworn to before me this /.3 day of Q/S-4 ( , 192f. V� SEAL �//./7 c�/i�� i NOTARY PUBLIC My commission expires: /(/yj� 7-C., /77/7 PC- Sub - 6 SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this day of by and between the County of Weld, Colorado, hereinafter called "County", and Dave Knaus , Jr. hereinafter called "Subdivider". WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: See separate sheet attached hereto and incorporated herein by reference . WHEREAS, a final plat of said property, known as Kn4us Sub- division - Second Filing 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 conz;'deration of the foregoing and the acceptance and approval of said final plat, the parties hereto promise, 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- struction contract. Before acceptance of the installed improvements, Subdivider shall furnish one set of repro- ducible "as-built" drawings and a final statement of construction cost.to the County. - 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. 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, water, 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- 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 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 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. 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 have 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. 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 deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. - 3 - IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Clerk of the Board APPROVED AS TO FORM: County Attorney (Subdivider) • (Tit ae,,c0.7 ATTEST: itle) gD 7,9,ey n :2, /9 7 ei - 4 - Hello