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SIGN REPLAT OF LOTS 41, 48, 49, 50, 51, 52, & 57
WESTRIDGE 4TH FILING
PART OF THE NORTHEAST QUARTER (NE-D , SOUTHEAST QUARTER (SE4),
AND SOUTHWEST QUARTER (SWI) OF SECTION 16, TOWNSHIP 5
NORTH, RANGE 66 WEST OF THE 6TH P.M. ,
WELD COUNTY, COLORADO:
BE IT RESOLVED, by the Board of County Commissioners of Weld County,
Colorado, that they hereby sign the replat of Lots 41, 48, 49, 50, 51, 52 & 57,
Westridge Fourth Filing. Said area is more particularly described as follows:
Beginning at the East Quarter Corner (EiCor) of said Section 16,
and considering the East line of the Southeast Quarter (SE4) of
said Section 16 to bear South 00°07'43" East and with all other
bearings contained herein being relative thereto:
Thence South 00°07'43" East along the East line of the Southeast
Quarter (Sat) of said Section 16, 1043.00 feet to the Northeast
corner of Westridge Third Filing, said point being .the True Point
of Beginning;
Thence along the puter boundary of Westridge Third Filing by the
following three (3) courses and distances:
South 48°18'07' West, 311.76 feet;
South 71°30'00" West, 472.46 feet;
South 79°32'24" West, 415.67 feet;
Thence continuing South 79°32'24" West, 30.56 feet;
Thence North 90°00'00" West, 260.24 feet;
Thence North 00°00'00" East, 744.60 feet;
Thence North 32°16'58" East, 433.58 feet;
Thence North 57°43'05" West, 130.10 feet;
Thence along the arc of a circular curve to the right having a
radius of 160.00 feet and a long chord which bears North 46°35'35"
West 61.74 feet;
Thence North 35°28'06" West, 150.67 feet;
Thence North 54°31'54" East, 570.00 feet;
Thence South 35°28'06" East, 260.00 feet;
Thence South 57°43'05" East, 525.88 feet;
Thence South 00°07'43" East, 462.00 feet;
Thence North 89°52'17" East, 328.73 feet;
Thence South 00°07'43" East, 284.00 feet to the True Point of Beginning.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote: g
AYES:IL 4 ieS itr/0
OA COUNTY COMMISSIONERS
WELD CO , COLORADO
DATED: February 21, 1973
ti 730994
v�
r BEFORE THE-WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
CASE NO. S-4I3 12/6/72
APPLIA TIGN OF Doug Sears
Address 1212 8th Ave . , Greeley , Colo .
Moved by John Weigand that the following resolution be
introduced for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the Subdivision
Plat Replat of Lots 41 , 48 , 49 , 50 , 51 , 52 & 57 Westridge ..4.th. Filin
located on the following described property Weld County, Colorado, to-wit:
See attached plats
be recommended (favorably) (gilSbXria:141 to the Board of County Commis-
sioners for the following reasons: Complies with the Subdivision
Regulations . Approved by the Utility Board
subject to the following Dedication of . 207 acres for park
purposes or the value of the land
Motion seconded by John Watson
Vote:
For Passage: Glenn Anderson Against Passage:
Bill Elliott
J . Ben Nix
Elmer Rothe
John Watson
John Weigand
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 of County Commis-
sioners for further proceedings.
PC - S-005
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CERTIFICATION OF COPY
1, Dorothy Chlanda , 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
Dec . 6 , 1972 , and recorded in Book No. III , Page No. , of the
proceedings of said Planning Commission.
Dated this �,th
,........ day of Dec . , 19 72
Recording Secretary, Weld County Planning Commission
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BEFORE THE -WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
CASE NO. S-3 2/9/72
APPLICATION OF Rocky Mountain Enterprises of : Jersey, Inc . —
Address c/o Doug Sears , 121.2 8th .Av.e._, .Greeley,-Colorado -
Moved by Glen Anderson that the following resolution be
introduced for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the Subdivision
Plat West Ridge S.ub.d.i.v.i.s.i.on.,....Fo.u.r..th....Fi..l.4mnq
located on the following described property Weld County, Gdlorado, to-wit:
See attached sheet
be recommended (favorably) (1,0ffpuvlq y) to the Board of County Commis-
sioners for the following reasons:
All requirements have been fulfilled .
subject to the following Subdivision agreement for the construction
of the streets in the amount of $20 ,522. 50
Motion seconded by J . Ben Nix
Vote:
For Passage: G.l.en....Ander.s.o.n.. Against Passage:
Phil.i.p.. Rowl.es
Ronald He.ttna.n...
J . Ben Nix
John Wa.ts.o.n
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 of County Commis-
sioners for further proceedings.
PC - S-005
• r�Lu iii ud .. l,ega_
Beginning at the Northeast Corner (NE Cor) of the South Half of the North-
east Quarter (S NEE of said Section 16, and considering the East
line of the Northeast Quarter (NE4) to bear South 00° 26'33" East and
with all other bearings contained herein being relative thereto:
Thence South 00° 26' 33" East along the East line of the Northeast
Quarter (NE4) of said Section 16, a distance of 1313.94 feet to the
East Quarter Corner (E4 or) of said Section 16;
Thence South 00° 07' 43" East, along the East line of the Southeast •
Quarter (SET) of said Section 16, a distance of 1043.00 feet, said
point being the Northeast Corner of West Ridge, Third Filing;
Thence along the outer boundary of West Ridge Third Filing by the
following three (3) courses and distances:
South 48° 18' 07" West, 311.76 feet;
South 71° 30' 00" West, 472.46 feet;
South 79° 32' 24" West, 415.67 feet; '
Thence South 00° 00' 00" East, 240.86 feet;
Thence North 90° 00' 00" 'Nast, 500.58 feet;
Thence North 00° 00' 00" East, 197.92 feet; •
Thence along the arc of a circular curve to the left having a radius of
440.00 feet and a long chord which beaars North 40° 00' 00" West, 565.65
feet;
Thence North BO° 00' 00" West, 155.61 feet;
Thence South 00° 07' 43" East, 30.47 feet;
Thence South 10° 00' 00" West, 30.00 feet;
Thence North 80° 00' 00" West, 137.98 feet;
'Thence along the arc of a circular curve to the right having a radius of
230.00 feet and a long chord which bears North 67° 44' 03" West, 97.73 feet;
Thence North 55° 28' 06" West, 153.39 feet;
Thence along the arc of a circular curve to the left having a radius of
760.00 feet, and a long chord which bears South 16° 08' 05" West, 422.40
feet;
Thence South 00° 00' 00" East, 746.45 feet;
Thence along the arc of a circular curve to the right having a radius of
3040.00 feet and a long chord which bears South 03° 56' 20" West, 417.64
feet;
Thence North 90° 00' 00" West, 80.78 feet;
Thence along the arc of a circular curve to the left having a radius of
2960.00 feet and a long chord which bears North 04° 02' 46" East, 417.70
,feet;
Thence North 00° 00' 00" East, 135.00 feet;
' Thence North 90° 00' 00" West, 202.68 feet;
Thence North 14° 04' 47" West, 61.57 feet;
Thence North 42° 28' 02" West, 173.88 feet;
Thence North 30° 17' 10" West, 140.73 feet;
Thence North 11° 58' 47" West, 120.45 feet;
Thence North 31° 14' 02" East, 388.18 feet;
Thence North 030 ,44' 14" East, 139.02 feet;
Thence North 20° 08' 06" West, 220.87 feet;
Thence.North' 20° 19' 43" East, 170.50 feet;
• Thence North 01° 24' 45" West, 223.87 feet;
Thence North 23° 08' 58" East, 311.51 feet;
Thence South 89° 45' 10" West, 99.85 feet;
Thence North 00° 14' 50" West, to a point on the North line of the South-
west Quarter (SW+) of said Section 16, a distance of 240.00 feet;
Thence North 89° 45' 10" East, along the North line of the Southwest
Quarter (SW4) of said Section 16, to the center Quarter Corner (CiCor)
of said Section 16, a distance of 200.01 feet;
Thence North 00° 20' 31" West, along the West line of the South Half
of the Northeast Quarter (Si-NE-.-1-) of said Section 16, to the Northwest
Corner (NWCor) of the South Half of the Northeast Quarter (S -Ne of
said Section 16, a distance of 1309.16 feet;
Thence South 89° 30' 18" East, along the North line of the South Half
of the Northeast Quarter (Se of said Section 16, a distance of
1254.49 feet;
Thence •South 00° 00' 00" West, 1396.90 feet;
Thence North '54° 31' 54" East, 1308.30 feet;
Thence along the arc of a ciruclarr curve to the left to it's intersection
with the North line of the South half of the Northeast Quarter (SDE-i)
of said Section 16, said arc having a radius of 760.00 feet and a chord
which bears North 26° 58' 25" East, 702.19 feet;
, Thence South 89° 30' 18" East along the North line of the South Half of
the Northeast Quarter (S-a-NEi) of said Section 16, a distance of 40.00
feet to the point of hrpinning.
• • •
CERTIFICATION OF COPY
I, Dorothy Chlanda , 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
Feb . 7 , 1972 , and recorded in Book No. III , Page No. , of the
proceedings of said Planning Commission.
Dated this .9th,....., day of Feb . , 1972, .
zasd.÷-e-e
Recording Secretary, eld County Planning Commission
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SUBDIVISION AGREEMENT
THIS AGREEMENT , made and entered into this
day of 19 by and between the County of Weld ,
Colorado , hereinafter called "County" , and
ROCKY MOUNTAIN ENTERPRISES OF NEW JERSEY, INC.
hereinafter called "Subdivider" .
WITNESSETH :
WHEREAS , Subdivider is the owner of the following
" described property in the County of Weld , Colorado :
SEE ATTACHED LEGAL DESCRIPTION
WHEREAS , a final plat of said property , known as
REPEAT OF WEST RIDGE FOURTH 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 improve-
ments ;
NOW , THEREFORE , in consideration 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 engineering services in connection
with the design and construction of the subdivision improve-
ments 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
construction contract. Before acceptance of the install -
ed improvements , Subdivider shall furnish one set of re-
producible "as-built" drawings and a final statement of
construction cost to the County .
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• • .
•
2. Rights-of-Way and Easements: Before commencing the con-
struction of any improvements herein agreed upon, Subdivider shall
acquire, at its own expense, good and sufficient rights-of-way and ease-
ments on all lands and facilities traversed by the proposed improvements.
All such rights-of-way and easements shall be conveyed to the County
and the documents of conveyance shall be furnished to the County for
recording.
3. Construction: Subdivider shall furnish and install, at its own
expense, the subdivision improvements described and detailed on Exhibit
"A", attached hereto and made a part hereof.
3. 1 Said construction shall be in strict conformance to
•
the drawings approved by the County and the specifications
adopted by the County for public works projects. Whenever
a subdivision is proposed within three miles of an incorpor-
ated community located in the County or located in any
adjacent county, the subdivider shall be required to install
improvements in accordance with the requirements and
standards that would exist if the plat were developed within
the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards
at the time a subdivision is proposed, the requirements and
standards of the County shall be adhered to. If both the
incorporated community and the County have requirements
and standards, those requirements and standards that are
more restrictive shall apply.
• 3. 2 Subdivider shall employ, at its own expense, a qualified
testing company, previously approved by the County, to
perform all testing of materials or construction that is re-
quired by the County; and shall furnish copies of test results
to the County.
•
! 3. 3 At all times during said construction, the County shall
have the right to test and inspect or to require testing and
inspection of material and work at Subdivider's expense. Any
material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satis-
faction of the County at Subdivider's expense.
3. 4 The Subdivider shall furnish proof that proper arrange-
ments have been made for the installation of sanitary sewer,
gas, electric, and telephone services.
3. 5 Said subdivision improvements shall be completed
according to the terms of this agreement within the "Time
for Completion" appearing in said Exhibit "A", which time
shall commence upon the date of this agreement. The Board
, of County Commissioners, at its option may grant extension
of time of completion upon application by Subdivider.
4. Release of Liability: Subdivider shall indemnify and save
harmless the County from any and all suits, actions, or claims of
every nature and description caused by, arising from, or on account
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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. That Demand Note signed by the Corporate Officers of Rocky
Mountain Enterprises of New Jersey, Inc. , dated February 28, 1972,
and attached to the West Ridge Fourth Filing Subdivision Agreement shall
serve as a guarantee of compliance with this agreement.
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.
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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
� ._
fl
ATTEST:
a?�/714 1
Cler ` the c1a
( P VED AS TOO FORM:
u y Attor y '
i '
ROCKY MOUNTAIN ENTERPRISES OF NEW JERSEY, INC.
(Subdivider)
By: W ;AALi• 5 )).wvis
(Title) William S. Bunte, President
ATTE
e) o rt . Folk, Secretary
4 _
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LEGAL DESCRIPTION
A replat of Lots Forty-one (41), Forty-eight (48) , Forty-nine (49),
Fifty (50), Fifty-one (51), Fifty-two (52), and Fifty-seven (57), WEST
RIDGE FOURTH FILING, a subdivision located in the Northeast Quarter (NE1) ,
Southeast Quarter (SEA), and Southwest Quarter (SW'x), all in Section 16,
Township 5 North, Range 66 West of the 6th Principal Meridian, Weld
County, Colorado, and being more particularly described as follows and
with all subdivisions referenced herein being those platted and recorded
in the records of Weld County, Colorado:
Beginning at the East Quarter Corner (E1/4COR) of said Section 16, and
considering the East line of the Southeast Quarter (SE1) of said Section 16
to bear South 00° 07' 43" East and with all other bearings contained herein
being relative thereto:
Thence South 00° 07' 43" East along the East line of the Southeast Quarter
(SE1/4) of said Section 16, 1043.00 feet to the Northeast corner of Westridge
Third Filing, said point being the True Point of Beginning;
Thence along the outer boundary of Westridge Third Filing by the following
three (3) courses and distances:
South 48° 18' 07" West, 311.76 feet;
South 71° 30' 00" West, 472.46 feet;
South 79° 32' 24" West, 415.67 feet;
Thence continuing South 79° 32' 24" West, 30.56 feet;
Thence North 90° 00' 00" West, 260.24 feet;
Thence North 00° 00' 00" East, 744.60 feet;
Thence North 32° 16' 58" East, 433.58 feet;
Thence North 57° 43' 05" West, 130.10 feet;
Thence along the arc of a circular curve to the right having a radius of
170.00 feet and a long chord which bears North 46° 35' 35" West, 61.74 feet;
Thence North 35° 28' 06" West, 150.67 feet;
Thence North 54° 31' 54" East, 570.00 feet;
Thence South 35° 28' 06" East, 260.00 feet;
Thence South 57° 43' 05" East, 525.88 feet;
Thence South 00° 07' 43" East, 462.00 feet;
Thence North 89° 52' 17" East, 328.73 feet;
Thence South 00° 07' 43" East, 284.00 feet to the True Point of Beginning.
WELD COUNTY OFFICE OF THE COUNTY ENGINEER
COMMISSIONERS BYRON F. EWING
MARSHALL H. ANDERSON COUNTY ENGINEER
HARRY S. ASHLEY / PHONE (803) sae-3812
(ION Er GLENN K. BILLINGS 1/ EXT. 31
COURT HOUSE
IF\ CO LO R A D O
GREELEY, 80e31
19 December 1972
Board of County Commissioners .
Weld County Courthouse
Greeley, Colorado 80631
Gentlemen,
In answer to Mr. R. Douglas Sears contention in his letter of November 17, 1972,
regarding the guarantee of inprovements in the replat of Westridge 4th Filing.
I find that Mr. Sears original note should be sufficient to cover any anticipat-
ed new construction expense as outlined in the replat. A copy of Mr. Sears
letter of the 17th of November is included for your files.
Sincer •
WELD CO` COMMIS COMMISSIONERS
n F. Ewing G E
RECEIVED
DEC 11 1972
A.M.
et7I819110117i12I1.1`LI314i�i18
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y
• •
November 17, 1972
•
Weld County Planning Commission
Weld County Courthouse
9th Avenue and 9th Street
Greeley, Colorado 80631
Gentlemen:
We are requesting final plat approval of a partial replat of Lots Forty-
one (41) , Forty-eight (48) , Forty-nine (49) , Fifty (50) , Fifty-one (51) ,
Fifty-two (52), and Fifty-seven (57) in West Ridge Fourth Filing. This
replat increases the number of lots by five, making a total of forty (40)
lots in the Fourth Filing. We are making a new Subdivision Agreement
with the County to provide for guaranty of construction for the two
additional streets. The Note which was signed at the time of •the Fourth
Filing, should be sufficient to cover the additional expenses incurred by
new construction.
Money paid for roads, including construction, base, paving, and culverts
in West Ridge Fourth to date are as follows:
STREET FOOTAGE CONST. & PAVING CULVERTS TOTAL
BASE
t--W. 24th St. 1235' $ $3136,90 $ • $3136.90
�24th' St. 916.14' 2381.96 2381.96
23rd St. 330.00' 858.00 858.00
64th Ave. 1062.61' 2762.78 380.00 3142.78
✓16th St. 170.00' 442.00 442.00
Total Cost $9961.64
New construction costs of 59th Street Way and 59th Street Court based on
1972 costs of construction and base at $2.60 per lineal foot and paving
at $2.54 per lineal foot are as follows:
STREET FOOTAGE CONST. & PAVING CULVERTS TOTAL
BASE
59th St. Way 430.00' $1170.00 $1090.00 $380.00 $2640.00
59th St. Court 500.00' 1300.00 1270.00 380.00 2950.00
Total $5590.00
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Weld' County Planning Commission •
November 17, 1972 •
Page Two
' . Included with this application are the items requested for submittal:
✓ 1., Final Plat (3 copies) '
2. Profile and Cross Section Drawings of Additional
Streets . (3 copies) `
✓3. . Grading and Drainage Plans *
r4: Pavement and Drainage Design *
,sxr Certificate of Title *
1-6:'• Water Supply Contract *
7. Approval from Public Utilities . .
L-8: Agreements with Agricultural Ditch Companies*
Guaranty of Public Improvements
c30: Copy of West Ridge Fourth Filing 3
t-11. Copy of Deed Restrictions *
x'12. Monument Record and Closure Sheets * •
* . Refer to records of West' Ridge Fourth Filing.
•
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Very truly yours,
•
R. Douglas Sears
•
• RDS:jk
ACKNOWLEDGMENT
t.
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I
SUBDIVIBIIN AGREEMENT
THIS AGREEMENT , made and entered into this 28th
day of February 1972 by and between the County of Weld ,
Colorado , hereinafter called " County" , and
ROCKY MOUNTAIN ENTERPRISES OF NEW JERSEY. INC.
hereinafter called "Subdivider" .
WITNESSETH :
WHEREAS , Subdivider is the owner of the following
described property in the County of Weld , Colorado :
SEE ATTACHED LEGAL DESCRIPTION
WHEREAS , a final plat of said property , known as
WEST RIDGE FOURTH 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 improve-
ments ;
NOW , THEREFORE , in consideration 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 engineering services in connection
with the design and construction of the subdivision improve-
ments 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
construction contract . Before acceptance of the install -
ed improvements , Subdivider shall furnish one set of re-
producible "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,
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 _
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of said construction, and pay any and all judgments rendered against
the County on account of any such suit, action, or claim, together with
all reasonable expenses and attorney's fees, incurred by County in
defending such suit, action, or claim. All contractors and other
employees engaged in construction of the improvements shall maintain
adequate workmen's compensation insurance and public liability in-
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 thisagreement, 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
P 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.
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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
i
k ei 7
ATTEST:
C1,114414~-€4,
C erk of the r
Deputy County Clerk
D AS TO RM:
o my ttorney
ROCKY MOUNTAIN RNTFRPRISFS OF NEW JERSEY, INC.
(Subdivider)
AlutAnt
(Title) William S. Bunte, President
r
ATTi T:
I\
\ • tle) H. Folk, Secretary
_ 4 _
LEGAL DESCRIPTION
A subdivision in Weld County, Colorado located in the Southeast Quarter (SE34) , the
Northeast Quarter (NE1) , and the Southwest Quarter (SW 4) all in Section 16, Township 5
North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado and being
more particularly described as follows and with all subdivisions referenced herein bein
those platted and .recorded in the records of Weld County, Colorado.
Beginning at the Northeast Corner (NECOR) of the South Half of the Northeast Quarter
(S1/2NE14) of said Section 16, and considering the East line of the Northeast Quarter (NE1
to bear South 00° 26' 33" East and with all other bearings contained herein being
relative thereto:
Thence South 00° 26' 33" East along the East line of the Northeast Quarter (NE11) of sai
Section 16, a distance of 1313.94 feet to the East Quarter Corner (E54COR) of said Secti
Thence South 00° 07' 43" East, to a point on the east- line of the Southeast Quarter (SE
of said Section 16, a distance of 1043.00 feet, said point being the Northeast corner
of West Ridge, Third Filing.
Thence along the outer boundary of West Ridge Third Filing by the following three (3)
courses and distances:
South 48° 18' 07" West, 311.76 feet;
South 71° 30' 00" West, 472.46 feet;
South 79° 32' 24" West, 415.67 feet;
Thence South 00° 00' 00" East, 240.86 feet;
Thence South 90° 00' 00" West, 500.58 feet;
Thence North 00° 00' 00" West, 197.92 feet;
Thence along the arc of a circular curve to the left having a radius of 440.00 feet and
a long chord which bears North 40° 00' 00" West, 565.65 feet;
Thence North 80° 00' 00" West, 155.61 feet;
Thence South 00° 07' 43" East, 60.95 feet;
Thence North 80° 00' 00" West, 143.34 feet;
Thence along the arc of a circular curve to the right having a radius of 230.00 feet
and a long chord which bears North 67° 44' 03" West, 97.73 feet;
Thence North 55° 28' 06" West, 153.39 feet;
• Thence along the arc of a circular curve to the left having a radius of 760.00 feet, ar
a long chord which bears South 16° OS' 05," West 422.40 feet;
Thence South 00° 00' 00" West, 746.45 feet;
Thence along the arc of a circular curve to the right having a radius of 3040.00 feet :
a long chord which bears South 03° 56' 20" West, '417.64 feet;
Thence South 90° 00' 00" West, 80.78 feet;
Thence along the arc of a circular curve to the left having a radius of 2960.00 feet ar
a long chord which bears North 04° 02' 46" East, 417.70 feet;
Thence North 00° 00' 00" West, 135.00 feet;
Thence South 90° 00' 00" West, 202.68 feet;
Thence North 14° 04' 47" West, 61.57 feet;
Thence North 42° 28' 02" West, 173.88 feet;
Thence North 30° 17' 10" West, 140.73 feet;
Thence North 11° 58' 47" West, 120.45 feet;
Thence North 31° 14' 02" East, 388.18 feet;
Thence North 03° 44' 14" East, 139.02 feet;
Thence North 20° 03' 06" West, 220.87 feet;
Thence North 20° 19' 43" East, 170.50 feet;
Thence North O1° 24' 45" West, 223.87 feet;
Thence North 23° 08' 58" East, 311.51 feet;
Thence South 890 45' 10" West, 99.85 feet;
Thence North 00 14' 50" West, to a point on the North line of the Southwest Quarter (
of said Section°16, a distance of 240.00 feet;
Thence North 89 45' 10" East, along the North line of the Southwest Quarter (S4"4) of
Section 16, to the center Quarter Corner (C'-4COR) of said Section 16, a distance of 200
feet;
Thence North 00° 20' 31" West, along the West line of the South Half of the Northeast
Quarter (S'zNE'-4) of said Section 16, to the Northwest Corner (NWCOR) of the South Half
of the Northeast Quarter (S'1NE1/4) of said Section 16, a distance of 1309.16 feet;
Thence South 89° 30' 18" East, along the North line of the South Half of the Northeast
Quarter (gi:;E4) of said Section 16, a distance of 1254.49 feet;
Thence South 00° 00' 00" East, 1396.90 feet;
Thence North 540 31' 54" East, 1308.30 feet;
Thence along the arc of a circular curve to the l.nft to it's intersection with the ;' a
line of the South half of the Nori.L-::,sc Q:::.: (:;'; r'r.) of said Section 16, said arc
having a radius of 760.00 feet ....c whic'u Dears North 27° 00' 30" East, 702.41
Thence South 89° 30' 18" East along the worth line of the South Nall of the Northeast
. .... ,, ict.'.. . . 1 ..F ...,ii,7 c,.,.r7.... 1 . ., .I1..r...,�.. r.F L!1 fdl I'nnt to tiv, Trnr• Print n:' ...
• • • • •
Amount of Note. $20,522.50
Greeley, Colorado February 28 , 19 72
On demand after date for value received, the: undersigned promises to pay to the
order of the Board of County Commissioners, Weld County, Colorado, the suL
TWENTY THOUSAND FIVE HUNDRED TWENTY—TWO AND 50/100 _
(__$.29.3172,50 ) with interest at ten percent (10%) per year from dace of
demand until paid.
This note is given for the purpose of securing the Board of County C+CSTTL^.1:iesioneee,
Weld County, Colorado, against a contingent liability by reason of 545..E Lear u
Commissioners, Weld County, Colorado, granting subdivision rights to ono or ':.z'r
of the undersigned within the County of :geld, Colorado, as outli ed in >>U.:;.:v. :_ ee
Agreemeene dated February 28 _, 1972, and guaranteeing i_:stU.11ecieo
of certain improvements in said subdivision by February 28 � ;,.e7
Amount of note shall be conditioned by damages .rn.ich the Board or County {rC;m:1 ee--
sa_oezers shall suffer by failure of unc e'r 'igne.t to perform under said a"refineet.
Upon final acceptance of said improvements by the Board of County Co,n,rissioner::e,
Weld County, Colorado, this obligation shall be void; otherwise'to remain iA full
force and effect.
The makers, endorsers, sureties, guarantors and assignors of this note ee.veeally
waive demand, presentment for payment, protest and notice of protest and oZ eon-
payment, and agree and consent to any extensions of time of payment, w ehoeo
notice by the holder on request of any of them.
It is also stipulated that should this note be collected by an attorney af tie
maturity or in case of default (whether by suit or otherwise) , ten percent (I3'Z)
additional on amount due shall be allowed the holder as attorney fees.
If the improvements as shown have not been constructed by the stated cempleeiona •
time, the Hoard of County Commissioners will re-negotiate the note amount to
refle_t charge in construction cost and the amount of improvement construction
eompleted, and, will extend this note for a two year period.
$0_CKY MOUNTAIN ENTERPRISES OF NEW JEBSEY2. INC.
F '
B
William S. Bunte, YresiZent
ATTEST:
\.-------eRobert H. F//olk, `Secretary
Accepted by the Board of County Commissioners, Weld County, Colorado
March 1 , 19 72 .
THE BOARD OF COUNTY COMISSIONERS
WELD COUNTY, COLORADO e
it r
;.._ ., c;
/272
ATTEST;
Clerk to a Board COPY
Deputy County Clerk •
,�E'pasi ?a\
t`PPROVED AS TO FOiuM.__csP fee IN)
�.% County Attorney
File contains
oversized map
Please see original file
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