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HomeMy WebLinkAbout720677.tiff • t try` t •1 • fe !M A� F ri Y r r �t ^t'. �4'A } '� ,t Wyk z' { K^5 •• r f •T �1�jf ..EE 3./ r . a r • ,v' ' , r.{t y 6�.'.R�.r>' •�'^1• a� ,t•'2; .} ! �' r.�r t r , t � v (. �y 1 W w. (4) The following rates shall be charged, plus the initial $25. 00 damage deposit, to all sponsored groups other than County sponsored groups using the 4-H Building after regular hours. Small meeting rooms - $5. 00 per hour Two meeting rooms - $7. 50 per hour Three meeting rooms - $10. 00 Large auditorium - $10. 00 Kitchen - includes stoves and coffee makers only - $8. 00 per hour An additional charge of $5. 00 will be made for any requested equipment such as P. A. System, stages, etc, Policy on Rental of Livestock Exhibit Barn (1) Any County sponsored activity will use the Livestock Exhibit Barn at no cost, (2) Any properly sponsored groups may use the Livestock Exhibit Barn during the time the building is normally open, that is, Monday through Friday from 8;00 a, m. to 4:00 p, m, at the rate of $25, 00 for any eight (8) hour period plus the initial damage deposit of $25. 00. (3) Individual evaluation will be made as far as the rate is concerned when properly sponsored groups desire to use the Livestock Exhibit Barn on Saturdays, Sundays or Holidays or anytime before 8:00 a, m. or after 4:00 p. m. plus the initial $25. 00 deposit. Policy on Rental of Crops Building (1) Any County sponsored activity will use the Crops Building at no cost. (2) Any properly sponsored groups may use the Crops Building for a fee of $5. 00 per use. This charge is for the cost of heating and lighting said building. The initial damage deposit of $25. 00 will also be required. APPROVED: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • - ATTEST: 6[�rin/i 7T�lerk of e B ajd - Y,1. y Z�epufy Counl y Clark A PROVED AS T�'ORM: o ty ttorne-y�" . •�. 82 ..r ABATEMENT OF TAXES: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has carefully considered the following petitions and is fully advised in relation E. thereto. . NOW, THEREFORE, BE IT RESOLVED, that said petitions be granted as rec- ommended by the Assessor. PETITION NO. PETITIONED BY: AMOUNT 18 Raymond Fe Hergert $ 36.03 19 Melvin and Nancy Martin 188.35 224.38 • The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: ANTES: J (( IL• d J /,,, , ✓r a/ THE BOA OF C Y `COMMISSIONERS WELD COUNTY, COLORADO Dated: February 0, 1072 IHR 2 DUPLICATE O.A.P. WARRANT N0. 035275 MARGIF M GORDON WHEREAS, Old Age Pension, Warrant No. 035275, dated November 19, 1971, in the amount of Sixty One Dollars ($61.00), has been misplaced, lost or destroyed and said Warrant No. 035275 has not been presented in the Office of the County Treasurer of Weld County, Colorado; and WHEREAS, satisfactory affidavit and bonds necessary to indemnify and hold Weld County harmless on account of alleged loss of orginal warrant have been filed in the Office of the Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners 1 Weld County, Colorado, that the aforementioned duplicate Old Age Pension Warrant No. 035275 in the amount of $61.00 be issued in favor of Margie M. Gordon. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: /j �1-«L !1� %01jE,/ iceL THE BOARD F OUNT COMMISSIONERS WELD COUNTY, COLORADO February 9, 1972 r.' • NININWhittaftlit A • t s 82 A � ,. :!r.,.#�s.eb+w•.•waM+�ii'�%Yw y..+i�.",r +�'.��::w'.•.AA.s.v... x ' NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Office of The Board of County Commissioners , Weld County Court House, Greeley, Colorado. BE IT ALSO KNOWN that all hearings will start at 10:00 A.M. o 'clock and will be heard in order of docket number. Docket No. 6 Arnold B. Gurtler, Jr. 3245 S, Steele Denver, Colorado 80210 Date: larch 13, 1972 Time: 10:00 A.M. II` DOCKET ORDER TUBER Request: Land Use Permit, Controlled Game Bird Farm and Dog Kennels Parcel I : The NE-4 of Section 5, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, except that parcel conveyed by Deed recorded July 13, 1971 in Book 649 as Reception No. 1571451 and described as follows: Beginning at the Northwest corner of the NE4 of said Section 5; thence East along the North line of said Section 5 a distance of 1943.1 feet to a point on the westerly side of an irrigation ditch; thence South 34° 52' West 170 feet to a point on the North side of a large ditch, known as the Mead Lateral; thence Southwesterly along and North of said ditch approximately 25 feet from the center thereof by the following courses: South 68° 10' West 185.0 feet; thence South 75° 38' West 534.0 feet; thence South 460 43' West 75.0 feet; thence South 34° 33' West 300.0 feet; thence South 57° 52' West 82.0 feet: thence South 82° 36' West 335.0 feet; thence South 34° 49' West 265.0 feet; thence South 80° 52' West 145.0 feet; thence South 57° 58' West 100.0 feet; thence South 36° 22' West 288.5 feet; to a point on the West line of the NE4 of said Section 5, leaving said ditch at this point; thence North OO0 53' East 1253.7 feet more or less to the true point of beginning. All bearings used herein in relation to the North line of the NE4 of said Section 5, which line is used and described as East and West; AND EXCEPT parcels conveyed by instruments recorded December 2, 1904 in Book 218 at Page 488, May 18, 1906 in Book 241 at Page 288, June 5, 1908 in Book 280 at Page 206, Weld County Records. Parcel II : (Endorsement) That part of the SE-14- of the NW4 of Section 5, Township 3 North, R nge 68 West of the 6th P.M. , Weld County, Colorado, described as follows: Beginning at the SE corner of said NW4, thence West 830 feet to peg, thence North- • easterly 350 feet to iron peg on West side of the Ish ditch, thence East 150 feet to iron pegs on East side of ditch, thence Northeasterly along said ditch to East line of NW4, thence South along East line to the point of beginning. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD • d Dated: February 9, 1972 • NOTICE • Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of 'Held County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use 1=ermit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planninn Commission may be examined in the Office of The Board of County Commissioners , Weld County Court House, Greeley, Colorado. Docket No. 4 Clyde Barber 16326 Visalia Gardena , California 82 6 • µ._ Date: March 13,, 1972 Time: 10:00 A.M. Request: Land Use Permit, Hog Operation The East 990.0 feet of the West 1,320.0 feet of the South half of the South half of the Northwest Quarter of Section Twenty-Three, Township Two North, Range Sixty-Seven West of the Sixth P.M. , Weld County, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: February 9, 1972 Publish: The Greeley Booster February 11, 1972 and March 3, 1972 NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Plannir Commission may re examined in the Office of The Board of County Commissioners . Weld Count/ Court House, Greeley, C oloradc. Docket No: A. T. Werner Elaine Werner Route 1, Box 97 Gill, Colorado Date: March 13, 1972 Time: 10:00 A.M. Request: Land Use Permit, Dairy Operation Part of the Southwest Quarter (SW4) of Section 6, Township 6 North, Range 64 West of the 6th P.M., and considering the West line of said Section 6 t0 bear North 00° 00' 00" East and all other bearings contained herein relative thereto: Beginning at the Southwest Corner (SW Car) of said Section 6, thence North 00° 00' 00" East along the West line of Section 6, 1,441.88 feet to the True Point of Beginning of Parcel 2; thence North 00° 00' 00" East along the West line of Section 6, 1,199.61 feet to the West Quarter Corner (W-4'Cor) of Section 6; thence North 89° 00' 56" East along the North line of the Southwest Quarter (SW4) , 544.53 feet; thence South O1° 34' 55" West, 955.64 feet; Thence South 30° 41' 16" East, 222.02 feet; Thence South 84° 29' 24" West, 634.49 feet to the True Point of Beginning. Said described parcel contains 14.566 acres, more or less. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: February 9, 1972 Publish: Greeley Booster February 11, 1972 and March 3, 197'' There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. c-tom COUNTY CLERK �;�� /:`� ��� CHAIRMAN i By: t ` �� .� /t,y, y Deputy County Clerk _ �.3 GREELEY, COLORADO, MONDAY, FEBRUARY 14, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o' clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 9th instant were read, and there being no corrections or objections thereto, same were ordered approved. The followina hearing was heard. February 14, 1972 I hereby certify that pursuant to a notice dated January 12, 1972, duly published January 14, 1972 and February 4, 1972, a public hearing was had on a request for a Land Use Permit as requested by Robert Pierce dba Consolidated Dairy, at the time and place specified in said notice. A motion was made to grant said request. The County Attorney was ordered to draw the proper resolution. 0 ATTEST: C✓f.�i' - rt /4j1 ��e jr - COUNTY CLE I1 D R _AN RDER : AND CLERK TO THE BOARD - / ri6ARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. COUNTY CLERK CHAIRMAN By: L .J _ Deputy County Clerk GREELEY, COLORADO, WEDNESDAY, FEBRUARY 16, 1(4'2 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 14th instant were read, and there being no correction:, or objections thereto, same were ordered approved. The following resolutions were presented: GRANTING MALT BEVERAGE LICENSE 72-2 HARVEY G. .MAUL, JR. dba BEARS INN EXPIRES FEBRUARY 24, 1973: WHEREAS, Harvey G. Maul dba Bears Inn of Weld County, Colorado, has presented to the Board of County Commissioners of Weld County his application for a county retail license for the sale of 3.2% beer only, and the said applicant having paid to the County Treasurer of Weld County the sum of Fifty Dollars ($50.00) therefore, and having produced a state retail license for the sale of 3.2% beer only, outside the corporate limits of any town or city in the County of Weld, at the location described as follows: 2519 Eighth Avenue, Greeley, Colorado NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners , having examined said application and the other qualifications of the applicant do hereby grant License Nu:.ber 72-2 to said a,plicant to sell 3.2% beer only at retail at said place, and do hereby authorize and lirect the issuance of said license by the Chairman of the Board, attested by the County Clerk and Recorder of Weld County, good for one year from the date of issue unless revoked, according to law, provided, however, that said license shall be issued upon the expr�.,_, condition and agreement that the place where licensee is authorized to sell beer under said license will be conducted in strict conformity to all laws of the State of Colorado and rules and regulations relating thereto heretofore passed by the Board of County Commissioners of Wald County, Colorado, and any violation thereof sha: cause for revocation of the license. The above and foregoing resol_ Ition was, on motion duly made and seconded, adopted by the following vote: AYES: t _ THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: FEBRUARY 16, 1972 RESOLUTION WHEREAS, on or about May 1 , 1968, Weld County, Colorado, by Resolution, did adopt a schedule of county road specifications and bonding requirements relating to construction of new county roads in Weld County by contractors and/or subdividers, and WHEREAS, the Board is of the opinion that there is a need to incorporate within or add to the present county road specifications and requirements additional items as contained in and as are more particularly set out and shown in attached "Subdivision Agreement" and made a part hereof by reference. BE IT FURTHER RESOLVED, that the Subdivision Agreement attached hereto and made a part hereof by reference, be and it hereby is adopted and shall be added to the present existing county road specifications and requirements of Weld County, Colorado. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of February, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO --'15'7e'4. 4,„ / , • ATTEST: , C'lerlaf the Board By; „'( � , j�Ja ,,, Deputy County Clerk APPROVED AS TC FORM: Count At County orne y • • • _ _ gs t.• SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 19th day of January, 1972 byand between the County of Weld, Colorado, hereinafter called County , and hereinafter called '`Subdivided', WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: WHEREAS, a final plat of said property, known as has been submitted to the County for approval; and WHEREAS, it is provided by resolution of the Board of County Commissioners, County of Weld, that no final plat shall be approved unless the subdivider shall have entered into a written agreement With the County to install certain improvements; NOW, THEREFORE, in consideration of the foregoing and the acceptance and approval of said final plat, the parties hereto promise, covenant, and agree as follows: 1. Engineering Services: Subdivider shall furnish, at its own expense all enginerring services in connection with the design and construct ion 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 "gas-built" drawings and a final statement of construction cost to the County. 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-qf-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 8b .. 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 f 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 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 Aet, " 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- men1 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 ^comnanv authorized to do bu i s Sta o Co olorad or 41 Demand _ r -- 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, 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 q: AYI 5T: Clerk of the Board APPROVED AS TO FORM: County Attorney (Subdivider) By: (Title) ATTEST: (Title) • - 4 - 88 , ..: � •. �� �. .. • r Amount of Note • Greeley, Colorado , 19 On demand after date for value received, the undersigned promises to pay to the order of the Board of County Commissioners, Weld County, Colorado, the sum of Dollars ( $ ) with interest at ten percent (10%) per year from date of demand until paid. This note is given for the purpose of securing the Board of County Commissioners, Weld County, Colorado, against a contingent liability by reason of said Board of Commissioners, Weld County, Colorado, granting subdivision rights to one or more of the undersigned within the County of Weld, Colorado, as outlined in Sub- division Agreement dated , 19 , and guaranteeing installation of certain improvements in said subdivision by , 19 Amount of note shall be conditioned by damages which the Board of County Commissioners shall suffer by failure of undersigned to perform under said agree- ment. Upon final acceptance of said improvements by the Board of County Commissioners, Weld County, Colorado, this obligation shall be void; otherwise to remain in full force and effect. The makers, endorsers, sureties, guarantors and assignors of this note severally waive demand, presentment for payment, protest and notice of protest and of non- payment, and agree and consent to any extensions of time of payment, without notice, by the holder on request of any of them. It is also stipulated that should this note be collected by an attorney after maturity or in case of default (whether by suit or otherwise) ten percent (10%), additional on amount due shall be allowed the holder as attorney fees. If the improvements as shown have not been constructed by the stated completion time, the Board of County Commissioners, at its option, may re-negotiate the note amount to reflect change in construction cost and the amount of improvement construction completed, NOTE: APPROVED FINANCIAL STATEMENT MUST BE ATTACHED, Accepted by the Board of County Commissioners, Weld County, Colorado, this day of , 19 THE BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Clerk of the Boarid By Deputy County Clerk APPROVED AS TO FORM: County Attorney • RESOLUTION WFIEREAS, heretofore and on December 1, 1965, the Board of ('ounty Commissioners, Weld County, Colorado, did by resolution adopt Regulation No. 1 concerning nonmunicipal sewage disposal systems in Weld County governing the location, construction, remodeling, install- ation and use of septic tanks, soil absorption and all other nonmunicipal waste disposal systems in Weld County, and WHEREAS, the Weld County Board of Health has now recommended to the Board that, to better protect the health and welfare of the residents of Weld County, the following amendment.be added to said Regulation No. 1, entitled "Nonmunicipal Sewage Disposal Systems'', to-wit: "Soils in which the percolation rate is slower than one • (1) inch in thirty (30) minutes shall be considered un- suitable for any type of soil absorption system; and soils where the ground water table is less than eight (8) feet below the bottom of a leaching field shall be considered unsuitable for any type of soil absorption system, " WHEREAS, the Board believes it to be in the best interests of Weld County to amend said Regulation No. 1 as hereinabove recommended by the Weld County Health Department. NOW, THEREFORE, BE IT RESOLVED, that Regulation No. 1 pertaining to nonmunicipal sewage disposal systems in Weld County, Colorado, be amended as hereinabove recommended, and that said amend- ment be added after paragraph four on page four of said Regulation 1 so amended. BE IT FURTHER. RESOLVED, and it hereby is ordered that the hereinabove mentioned amendment to Regulation No. 1 entitled "Non- municipal Sewage Disposal Systems" be made effective forthwith. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of February, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 4 > z �:�� _ ��c�r-t i { /— �� 1 l ATTEST. C . C erk-6f the Board Bysf <•,.r Deputy County Clerk A PPROyED AS TOC OR.M: „- ez /k. ` County Y At'torne 3 P. C. Health Dept. 90 RESOLUTION WIIEREAS, the Board of County Commissioners, Weld County, Colorado, is aware of the activities of the Greeley Area Chamber of Commerce within Weld County, and WHEREAS, the Board commends said Area Chamber of Commerce for its efforts in helping to improve living conditions within the County, and WHEREAS, the Board is aware of the financial burden assumed by said Area Chamber of Commerce on behalf of Weld County citizens, and WHEREAS, the Board believes it to be in the best interest of Weld County to make a contribution to the Area Chamber of Commerce thus helping to defray some of the expenses necessary to implement its programs within the County. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, and it hereby directs and orders that payment of Two Thousand Dollars ($2, 000. 00) be made to the Greeley Area Chamber of Commerce as Weld County's contribution for the year 1971, only, to help improve living conditions throughout Weld County. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote, on the 16th day of Jailaaly, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO e/e// ATTEST: ti� ! /t Clerk of theloard Deputy County Clerk APPROVD AS T I FORN1. - /T - ,, (-6-oumtt orney cc: acctg dept Chamber of Commerce j DEDICATION OF PERPETUAL RIGHTS-OF-WAYS NORTHWEST ESTATES SUBDIVISION FIRST FILING: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual rights-of- way over the public roads, streets, highways, and easements in behalf of the public in Northwest Estates, First Filing, being a subdivision located in the West Half of the Southwest Quarter (WiSW4) of Section 29, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: • Beginning at the Southwest Corner (SWCor) of said Section 29, and considering the West Line of the Southwest Quarter (SW-4) of said Section 29 to bear North 00° 34' 03" East and with all other bearings contained herein being relative thereto: Thence North 00° 34' 03" East, along the West Line of the Southwest nuarter (SW-41-) of said Section 29, 2450.00 feet to a point from which the West Quarter Corner (WiCor) of said Section 29 bears North 00° 34' 03" East, 192.69 feet; Thence South 89° 25' 57" East, 300.00 feet; Thence South 00° 34' 03" West, 421.88 feet; Thence along the arc of a circular curve to the left having a radius of 270.00 feet and a long chord that bears South 12° 31' 06" East, 122.26 feet; Thence South 25° 36' 14" East, 550.90 feet; Thence along the arc of a circular curve to the left having a radius of 170.00 feet and a long chord that bears South 43° 10' 17" East, 102.62 feet; Thence South 60° 44' 20" East, 121.05 feet; Thence South 29° 15' 40" West, 586.09 feet; Thence along the arc of a circular curve to the left having a radius of `;70.00 feet and a long chord that bears South 21° 31' 33" West, 99.60 feet; Thence South 13° 47' 25" West, 119.24 feet; Thence South 35° 47' 10" East, 633.95 feet; Thence South 00° 40' 20" West, 50.00 feet to a point on the South Line of the Southwest Quarter (SW4) of said Section 29; Thence North 89° 19' 40" West, along the South Line of the Southwest Quarter (Se of said Section 29, 779.19 feet to the True Point of Beginning. Said tract of lard contains '7.832 acres. and BE IT RESOLVED, that the accompanying plat is approved for filing and the public roads, streets, highways and easements thereon shown are approved, provided, however, that the County of Weld will not undertake maintenance of said streets, roads, and rights-of-way until they have been constructed by the subdivider according to specifications and accepted by the County of Weld; and BE IT STILL FURTHER RESOLVED, that the subdivider shall furnish a demand note in the amount of $11,750.00 in lieu of a bond as recommended by the Weld County Planning Commission. The above and foregoing resolution was, on motion duly ;rude and seconded, adopted by the following vote: AYES _ (�- " ff d yz . / r � i l G, _ 1j y� / THE< BOARD OF COUNTY-COMMISSIONERS WELD COUNTY, COLORADO Dated: February 16, 1972 SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 19th day of January, 1972 by and between the County of Weld, Colorado, hereinafter called "County", and hereinafter called "-Subdivider". WITNESSETH: WHEREAS, Subdivider is the owner of the following described ' property in the County of Weld, Colorado: SEE ATTACHED LEGAL DESCRIPTION WIIEREAS, a final plat of said property, known as • l 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, TTIEREFORE, 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 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. 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 anti 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 eornnrate 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 • .i4 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 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. Ancl 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 cotlt inue 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 10 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. 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 ! L l`t •_r , , J ' / 1 //''/... 1 / /i� ,�% • ATTEST: l/ yerk ,of the Board/ Pl VED AS TO FORM: . • 1., • County Ai orhe (Subdivider) By: 2cs /`7 7 / (Title) ATTEST: 7 C' •' � <�� (Title) • oct. 10, OM EXHIBIT "An 1. THE SUBDIVIDER WILL CONSTRUCT ALL STREETS SHOWN ON NORTHWEST ESTATES FIRST FILING. s A. ALL STREETS WILL BE SURFACED WITH ASPHALTIC CONCRETE AND WILL CONFORM WITH COUNTY STANDARDS AND REGULATIONS. 2. THE SUBDIVIDER WILL CONSTRUCT A WATER DISTRIBUTION SYSTEM FOR NORTHWEST ESTATES FIRST FILING. A. THE WATER DISTRIBUTION SYSTEM WILL BE DESIGNED AND CONSTRUCTED TO CONFORM WITH ALL COUNTY STANDARDS AND REGULATIONS. 3. THE SUBDIVIDER WILL CONSTRUCT THE AFOREMENTIONED IMPROVEMENTS BY THE FOLLOWING SCHEDULE. • A. ALL IMPROVEMENTS ALONG NORTHWEST DRIVE TO ITS INTERSECTION WITH LEE LAKE AVENUE WILL BE CONSTRUCTED BY JANUARY 25, 1973. B. ALL REMAINING IMPROVEMENTS WILL BE CONSTRUCTED BY JANUARY 25, 1971., / >// 7 • ��3 DEDICATION OF PERPETUAL RIGHTS-OF-WAYS CHALET WEST SUBDIVISION FIRST FILING: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual rights-of- way over the public roads, streets, highways, and easements in behalf of the public in Chalet West Subdivision, First Filing being a subdivision located in the W West Half of the Southwest Quarter (Wi4) of Section 24, Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described as follows: Commencing at the West Quarter Corner (W-41-Cor) of said Section 24, and consid- ering the West Line of the Southwest Quarter (SW4) of said Section 24 to bear North 00° 59' 40" West, and with all other bearings contained herein being relative thereto: Thence South 00° 59' 40" East, along the West Line of the Southwest Quarter (SW-1) of said Section 24, a distance of 945.56 feet to the true point of beginning, Thence North 89° 00' 20" East, 56.00 feet; Thence along the arc of a circular curve to the right which has a radius of 50.00 feet and a long chord that bears North 56° 30' 20" East, 84.34 feet; Thence South 65° 59' 40" East, 20.00 feet; Thence along the arc of a circular curve to the left which has a radius of 73.25 feet and a long chord that bears South 78° 29' 40" East, 31.71 feet; Thence North 89° 00' 20" East, 30.14 feet; Thence along the arc of a circular curve to the right which has a radius of 230.00 feet and a long chord that bears South 80° 23' 16" East, 84.67 feet; Thence South 69° 46' 51" East, 153.97 feet; Thence along the arc of a circular curve to the right which has a radius of 370.00 feet and a long chord that bears North 27° 00' 46" East, 27.67 feet; Thence South 62° 23' 35" East, 168.43 feet; Thence North 41° 24' 58" East, 361.18 feet; Thence North 89° 00' 20" East, 489.82 feet; Thence South 01° 05' 37" East, 669.56 feet; Thence South 89° 01' 20" West, 1328.56 feet; Thence North 00° 59' 40" West, 500.00 feet to the true point of beginning, Said tract of land contains 17.284 acres. and BE IT RESOLVED, that the accompanying plat is approved for filing and the public roads, streets, highways and easements thereon shown are approved, provided, however, that the County of Weld will not undertake maintenance of said streets, roads, and rights-of-way until they have been constructed by the subdivider according to specifications and accepted by the County of Weld: and BE IT STILL FURTHER RESOLVED, that the subdivider shall furnish a demand note in the amount of S17,222.53 in lieu of a bond as recommended by the Weld County Planning Commission. The above and foregoing resolution was, on motion dull made and seconder; adopted by the following vote: AYES , L c THE BOARD OF COUNTY 'COMMISSIONERS WELD COUNTY, COLORADO Dated: February 16, 1972 . 9g' SUBDIVISION AGREEMENT THIS AGREEMENT , made and entered into this 2nd day of Februar 1972 by and between the County of Weld , Colorado , hereinafter called "County" , and Louis C. Kieker, Russell K. Haney and G. Frank Smith,Jr. dba Chalet West Development CG. ,ere nafter called "Subdivider" . WITNESSETH : WHEREAS , Subdivider is the owner of the following described property in the County of Weld , Colorado : Description and plat attached WHEREAS , a final plat of said property , known as !:h-r,let West,Hirst Filing has been submitted to the County for approval ; and WHEREAS , it is provided by resolution of t,ie Board o County Commissioners , County of Weld , that no firial plat shall be approved unless the subdivider shall have entered into u written agreement with the County to install certain improve- ments ; NOW , THEREFORE , in consideration of the foregoing anc 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 Coioracio 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 f;:rn shi ;;g necessary material to the County . 1 . 3 Subdivider shall furnish drawi ; nd estimates to ;, e County for approval prior to of any construction contract . Before acceptance of the - ed improvements , Subdivider shall furnish one set of producible "as-built" drawings and a final statement of construction cost to the County . s-of-Way and 1:_;asements: :Before commencing the con- struction o: any improvements herein agreed upon, Subdivider shall acquire, at its own expense, good and sufficient rights-of-way and ease- ments on a:l,iands and facilities traversed by the proposed improvements. All such rights-of-way and easements sha.11 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. i 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 op.4 'tlie corporate limits of that community. If the incorporates 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 stall 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 o: 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 „ .aess the County from any and all suits, actions, or claims of nature and description caused by, arising from, or on account said construction, and pay any and all judgments rendered against County on account of any such suit, action, or claim, together with , . . .•, :•.sonable expenses and attorney's fees, incurred by County in „,ng such suit, action, or claim. All contractors and other _oyees engaged in construction of the improvements shall maintain workmen's compensation insurance and public liability in- ance 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 :mai acceptance of the subdivision improvements, the Subdivider shall, at • own expense, make all needed repairs or replacements due to de- iective materials or workmanship which, in the opinion of the County, s:a1.1 become necessary. If, within ten days after Subdivider's receipt o: 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. 98 . _ ....... _. ...r_ ,..__ _ ...y..... _. -. --_ ?. Subdivider shall furnish to the Board of County Commissioners • as a guarantee of compliance with this agreement: 1) Cash escrow deposit, •or 2) Rank 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- missioner;, 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 Assi f2•ns: This agreement shall be binding . upon the heirs, executors, personal representatives, successors, and assiyfis of the Subdivider and upon recording by the County shall 130 deemed a covenant running with the land herein described, and shall be. binding upon the successors in ownership o: said land. - 3 - IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written: I,.OARD OF COUNTY COMMISSIONERS • WELD COUNTY, COLORADO 2 l .,. 1.-.- i.„ Zr ��&-e. , 1,2"' �--E." - � - -\ . . , - A 1 r;,1n,EST: CI,n44J��, �� Cleri tine i3oai C Clerk JD:, i.O',i: AS��.r ORA/I: � 7; . <7 . County Attorney • Chalet_ chest Development Co. a nartne“ (Subdivider) By: - -_- --J •_ r4'' - _) , ,:./..L. L - Title) A rrrh LST: •`''e-� «�� 7 . (Title) BYX.:-'14-1t,..1.,_zki L2 z t_ • • • •• • • - 4 - ----- • 1 DEDICATION OF PERPETUAL RIGHTS-OF-WAY 1 AUSTIN SUBDIVISION SECOND FILING BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual rights-of- way over the public roads, streets, highways, and easements in behalf of the public in Austin Subdivision, Scond Filing, being a subdivision located in the Northeast Quarter of the Northeast Quarter (NE4NE. ) of Section 14, Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado, and being further described as follows : Commencing at the Northeast Corner (NECor) of said Section 14, and considering the East Line of the Northeast Quarter (NE4) of said Section 14, to bear South O1° 41' 10" East, and with all other bearings contained herein being relative thereto: Thence South 01° 41' 10" East, along the East Line of the Northeast Quarter (NE-14-) of said Section 14, a distance of 790.97 feet to the true point of beginning; Thence continuing South 01° 41' 10" East along the East line of the Northeast Quarter (NE4) of said Section 14, 538.70 feet; Thence South 89° 58' 20" West, 615.23 feet; Thence North 27° 59' 32" East, 434.29 feet; Thence North 89° 57' 32" East, 140.00 feet; Thence North 01° 41' 10" West, 147.57 feet; Thence North 88° 18' 50" East, 260.00 feet to the true point of beginning. Said tract of land contains 5.3720 acres. and BE IT RESOLVED, that the accompanying plat is approved for filing and the public roads, streets, highways and easements thereon shown are approved, provided, however, that the County of Weld will not undertake maintenance of said streets, roads, and rights-of-way until they have been constructed by the subdivider according to specifications and accepted by the County of Weld; and BE IT STILL FURTHER RESOLVED, that the subdivider shall furnish a demand note in the amount of $7,300.00 in lieu of a bond as recommended by the Weld County Planning Commission. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES �i •-r /f—A e/1 r 1. 4 COUNTY, COLORADO Dated: February 16, _97^ SUBDIVISION AGREEMENT THIS AGREEMENT , made and entered into this Hol Oay of February 1972 by and between the County of Weld , Colorado , hereinafter called " County" , and ERNEST R. AUSTIN,,, AKA F. R. , .JSTIN; hereinafter called "Subdivider" . WITNESSETH : WHEREAS , Subdivider is the owner of the following described property in the County of Weld , Colorado : SEL ATTACHED LEGAL WHEREAS , a final plat of said property , known as AUSTIN SUBDIVISION SECOND FILING has been submitted to the County for approval ; and 100 i 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 , Fat 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 li"-''' 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 nas-huilt" drawings and a final statement of construction cost to the County . 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 .11 01 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 be 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 - 1 n'' IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day d g y and first above written: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,„.1 •tom./ l,./.,..c,.ii& . )1(IL LI,L �'� �JIi �(, , i / / ATTEST: Cler of the oard C_?4_. e1r1,,d c C .,�(/le-•-L�Deputy Co'..,,-, y C-.k (A PHONED AS TO q_ORM: - �' - _ ` t; ( i j Counly'Aftorney 0 . 7) (7. f__^ it 1 �J l,,/e ----2(.1(Subdivider) EXHIBIT "A" 1. THE SUBDIVIDER WILL PROVIDE ALL IMPROVEMENTS FOR AUSTIN SUBDIVISION SECOND FILING AS FOLLOWS : A. ALL STREETS WILL RE SURFACED WITH ASPHALTIC CONCRETE AND WILL CONFORM WITH CITY OF GREELEY STANDARDS AND REGULATIONS, B. THE SUBDIVIDER WILL CONSTRUCT A WATER DISTRIBUTION SYSTEM FOR AUSTIN SUBDIVISION SECOND FILING AND :JILI. CONFORM WITH CITY OF GREELEY STANDARDS AND REGULATIONS . C. THE SUBDIVIDER WILL CONSTRUCT A SEWER COLLECTION SYSTEM. I AND WILL CONFORM WITH CITY OF GREELEY STANDARDS AND REGULATIONS. 7. THE SUBDIVIDER WILL CONSTRUCT THE AFOREMENTIONED AND ALL REMAINING IMPROVEMENTS BY JUNE 1, 1975. Thare being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. CI `A�- ✓, z--U' 4;yct� COUNTY CLERK __24 ,, , /r' /, (/., ,� CHAIRMAN By:, /„„- ,', , , . Deputy County Clerk GREELEY, COLORADO, WEDNESDAY, FEBRUARY 23, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 16th instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolutions were presented: ABATEMENT OF TAXES: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has carefully considered the following petitions and is fully advised in relation thereto. NOW, THEREFORE, BE IT RESOLVED, that said petitions be granted as rec- ommended by the Assessor. PETITION N0. PETITIONED BY: AMOUNT 20 Conoco Service c/o Dale Jordanger $121.43 21 Bill's Barber Shop cA William F. Springer 48.91 22 Frank Nichols aka Frank G. Nicklas 240.05 23 Carl G. F Ruth L. Passmore 55.68 24 George Peters 72.67 25 Harry Reichert 29.65 26 John R. O Doris L. Riddle 159.73 27 John W. Garvey 47.02 28 B u B Construction c/o James T Barbara Breit 620.25 29 B. W. Drilling, Inc. 1,068.60 2,463.99 The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES !y rs�c /! Az/ !<r,7-- f . v / � y �Y it, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dated: February 23, 1972 DUPLICATE O.A.P. WARRANT N0. 32173 ISSUED TO JULIAN MARTINEZ WHEREAS, Old Age Pension, Warrant No. 32173, dated September 20, 1971, in the amount of Twenty Nine Dollars ($29.00) , has been misplaced, lost or destroyed and said Warrant No. 32173 has not been presented in the Office of the County Treasurer of Weld County, Colorado; and WHEREAS, satisfactory affidavit and bonds necessary to indemnify and hold Weld County harmless on account of alleged loss of original warrant have been filed in the Office of the Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED, by the 7oard of County Commissioners Weld County, Colorado, that the aformentioned duplicate Old Age Pension Warrant No. 32173 in the amount of $29.00 be issued in favor of Julian Martinez. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: 4 AYES: l ��L�u-rr I I • ; , ( 1/4Ji141 /' ' �rJ. ; _r - THR BOARD OF COUNTY OMMISSIONERS WELD COUNTY, COLORADO February 23, 1972 10 RESOLUTION WHEREAS, heretofore and on September 22, 1971, the Board of County Commissioners, Weld County, Colorado, did grant to John P. Kimmel, a special use permit No. 70 to locate a dog kennel operation on the following described property, to-wit: The West 300 feet of the South Half of the South Half of the Northwest Quarter (S S- NW4) of Section 23, Township 2 North, Range 67 West of the 6th P. M. , Weld County, Colorado, and WHEREAS, said special use permit for the location of a dog kennel operation was subject to certain conditions ". . 3. That petitioner shall proceed with due diligence to effect said dog kennel operation and that he shall have until December 25, 1971 to complete the construction of any and all facilities therefore, otherwise, the Board may, for good cause shown, on its own motion, revoke the permit herein granted. " and, WHEREAS, it has come to the attention of the Board that John P. Kimmel has not complied with said conditions; that Kimmel has sold his property and moved out of the area; and that there no longer appears to be a need for said special use permit No. 70 heretofore granted. NOW, THEREFORE, In consideration of the foregoing and pursuant to authority of law, the Board of County Commissioners, Weld County, Colorado, hereby orders that the above-numbered special use permit No. 70 to locate a dog kennel operation on the hereinabove described property, be, and the same hereby is revoked. Dated this 23rd day of February, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -71 Cis .d CE v`.6.- /, „„ t ATTEST: an4t1,-i„ ,4.O2;t14,/ CleV of the Board By: ; /�� ,� (,(,,, „,.,,../ Deputy County Clerk APPROVED AS T0TORM: •. County�torney (,) cc: Health Dept P. C. • . ary4.. r• h • _ 105 RESOLUTION WHEREAS, the Board of County Commissioners, Weld County, COLORADO, deems it necessary to establish a uniform payment policy affecting all private pay patients at the Weld County Nursing Home, and, WHEREAS, the Board believes it to be in the best interests of Weld County to establish a policy whereby .all private pay patients at the nursing home shall be required to pay in advance for each month's room, board and nursing care. NOW, THEREFORE, BE IT RESOLVED, that beginning March 1, 1972, payment for private patient care at the Home shall be due and payable in advance on the 1st day of each and every month and that any such unpaid account by the 10th of the month be declared delinquent and immediate steps be taken to obtain payment. BE IT FURTHER RESOLVED, and it hereby is ordered that the Administrator of the Weld County Nursing Home be required to collect on the 1st day of each and every month and not later than the 10th of the month, payment for room, board and nursing care from each and every private pay patient at the nursing home. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of February, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO --2,/„/Cet:(_e- 1a ATTEST: ,' t Clerk otith ..Board By: �; /2,4/7 ,x,- Deputy County Clerk ,.PROVED AS TO-FORM: /j1i /: �• � /, t • County Attorney 0 cc: Audtg. N. H • RESOLUTION WHEREAS, the people of Weld County, State of Colorado, are saddened by the death of Judge Lee J. West, and WHEREAS, Judge West was a man of great courage and honor, and Vl IIEREAS, Mudge West had gained the love, respect and admiration of the people of Weld County through his great devotion to his office as Weld County Judge. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that by the death of Judge West, \A eld County has lost one of its outstanding citizens, and it does hereby pay tribute to a man of great ability and high integrity, who has well served not only Weld County but all of his fellow men, and does extend heartfelt sympathy to the members of his family. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on this 22nd day of February, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /.i iaL, /f - 1 .ii•e e C�7i{_J 4 ��:��1�� : ':747 i:4 '4 / ' -- ---4- 2--' ATTEST: 1 lC 1/4_-- 1 -. .� .` ti - , Clerk of the Boai-d By: / L ,,,, (4.714f,,,,,./ Deputy County Clerk A PPROVa AS TO OQRM_ � „z / . 1 ,- ,.(- �- � County At orney - • . 107 1 RESOLUTION WHEREAS, the people of Weld County, State of Colorado, are saddened by the death of a former District Court Judge, Robert G. Smith, and WHEREAS, Judge Smith was a man of great courage and honor, and WHEREAS, Judge Smith had gained the love, respect and admiration of the people of Weld County through his great devotion to his office as District Court Judge. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that by the death of Judge Smith, Weld County has lost one of its outstanding citizens and it does hereby pay tribute to a man of great ability and high integrity, who has well served not only Weld County but all of his fellow men, and does extend heartfelt sympathy to the members of his family. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on this Zind day of February, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO G ,`/ 4'-_ i ATTEST: �• , , Clerk of the Board By: >, /;,— l/ly/- Deputy County Clerk APPROVED AS TO t:ORNI: .I County Attorney l,• 1 Oil ';;�...•••.- RESOLUTION WIIEREAS, Robert Pierce, Route 1, Box 101, Greeley, Colorado, has requested permission to locate a dairy farm operation on the f following described property, to-wit: The North Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter (NzSW4NE4NW4) of Section 25, Township 6 North, Range 65 West of the 6th P. M. , Weld County, Colorado, containing five acres, more or less, and WHEREAS, the petitioner was present, and WHEREAS, there was no opposition to the location of this dairy farm operation on the above-described premises, and WHEREAS, the Board of County Commissioner's heard all the testimony and statements of those present, and • WHEREAS, the said requested dairy farm operation is located in an agricultural zone as set forth by the Weld County Zoning Resolution, and WHEREAS, according to Section 3. 3 (3)(c) of the Zoning Resolution of Weld County, said dairy farm operation may be authorized upon the approval of the Board of County Commissioners of Weld County, and WHEREAS, the Weld County Planning Commission, by resolution, has recommended that this dairy farm operation be approved. NOW, THEREFORE, BE IT RESOLVED, that the petition of Robert Pierce, to locate a dairy farm operation on the following described property, to-wit: The North Half of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter (NzSW4NE4NW4) of • Section 25, Township 6 North, Range 65 West of the 6th P. M. , Weld County, Colorado, containing five acres, more or less, as provided by Section 3. 3(3)(e) of the Zoning Resolution of Weld County, Colorado, is hereby granted under the conditions following: , 1, Any water and sanitation facilities to be installed shall be approved by the State Health Department. 2. That petitioner shall proceed with due diligence to con- struct said dairy farm operation and that he shall have up to one year from date hereof to begin construction of said dairy farm operation. 3. That said dairy farm operation shall not contain more 100 head of milk cows at any one time, 4. All applicable subdivision regulations and zoning regulations shall be followed and complied with in accordance with the Zoning Resolutions of Weld County, Colorado. • Dated this 23rd day of February, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • ,41. ' , ATTEST: Clerk dfl the Board BY: - ; /z„` , APPROVED AS TOTORM: �: ( ✓� (_County tt orney e • - • 10F) A ; NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. EE IT AiSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Office of The Board of County Commissioners, reid County Court House, Greeley, Colorado. Docket No. 7 P & A Turkey Farms, Inc. c/o Harry Andrews Route 4, Box 222 Greeley, Colorado Date: March 27, 1972 Time: 10:00 A.M. ;request : Land Use Permit, Expansion of existing facilities of turkey farm The South East 4f Section 30, Township 5 North, Range 64 West, Weld County, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPONER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: February 23, 1972 Publish: The Greeley Booster February 25, 1972 and March 17, 1972 108 g — ...c�YarWlllte�. I NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of the Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Special Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Office of The Board of County Commissioners, Weld County Court House, Greeley, Colorado, Docket No. 8 National Center for Atmospheric Research c/o Melvin Baker Boulder, Colorado 80302 • Date: March 27, 1972 Time: 10:10 A.M. Request: Special Use Permit, Radio repeater station (Tower) Section 34, Township 11 North, Range 60 West. Radio site located SE corner of Ni of Section 34. Radio tower to be located 350' N of EW half section line fence and 145' W of NS fence. Second radio tower to be located 900r N-NW of first. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: February 23, 1972 Publish: The Greeley Booster February 25, 1972 and March 17, 1972 c 09 • i There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. �' 1• �'I�'I ICV v COUNTY • X' ' CLERK 7 '• CHAIRMAN � � r BY: ;/0 l,L ,,/ Deputy County Clerk GREELEY, COLORADO, MONDAY, FEBRUARY 28, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o' clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SA'IUEL S. TELEP COUNTY ATTORNEY The minutes of the 23rd instant were read, and there being no corrections or objections thereto, same were ordered approved. The following hearings were heard. February 28, 1972 ""�"�'""'�• I hereby certify that pursuant to a notice dated January 2E, 1972, sialy published January 28, 1972 and February 18, 1972_, a public hearing was had on a request for a Change of 'one as requested by Gary Bragdon, at the time and place specified in said notice. The evidence presented was taken under advisement. ATTEST: •` COUNTY CLEF AND RECORDER AND CLERK TO THE BOARD .�_ • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO February 28, 1972 I hereby certify that pursuant to a notice dated January 26, 1972, duly published January 28, 1972 and February 18, 1972, a public hearing was had or, a request for a Change of Zone as requested by Thomas U. Clark, at the time and place specified in said notice. A motion was made to grant said request subject to: (1) Approval of Health Board, (2) Proper handling and disposal of new and used oil, (3) Plant trees and shrubs on West and South side of property with a fence approved by the State Highway Department. The County Attorney was ordered to draw the proper resolution. ATTEST: • _ _ c COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD • • BOARD OF COUNTY 22,..7SSIC .-2:7; WELD COUNTY, COLUii.A,JO There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. �( COUNTY CLERK �` y CHAIRMAN y - Deputy County Clerk GREELEY, COLORADO, TUESDAY, FEBRUARY 29, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 28th instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolutions were presented: ' .. ..:,.l.w.i1..1'.6.M....w.v V:...•ntiur._.�.r.r—.s..a�.. ...M.3..xiY Y"" �:ur.......... • IN THE MATTER OF AUDIT AND ALLOWANCE OF CLAIMS FOR THE MONTH OF FEBRUARY 1972: The following claims were presented, examined and on motion same were allowed and warrants ordered drawn in payment thereof: COUNTY GENERAL FUND 15034 TO 15295 INCLUSIVE ROAD 8 BRIDGE FUND 7881 TO 8005 INCLUSIVE PUBLIC WORKS FUND 317 TO 323 INCLUSIVE WELFARE FUNDS GA 2227A TO 2233A 2234 TO 2254 INCLUSIVE ADM 1079 TO 1174 INCLUSIVE DAY CARE NONE OAP 40071 TO 41838 INCLUSIVE VARIOUS 6997 TO 71.01 INCLUSIVE ADC 28039 TO 29583 INCLUSIVE AND 10148 TO 10772 INCLUSIVE AUTHORIZE PUBLICATION OF PROCEEDINGS FEBRUARY 1972: BE IT RESOLVED, that pursuant to C. R. S. 1963, 36-2-11, the Board of County Commissioners of Weld County, Colorado, does hereby authorize publication of the proceedings as relate to each claim and expenditure allowed and paid during the month of February 1972; and does hereby further authorize publication of all Public Welfare Administration expenditures and all General Assistance expenditures other than actual recipients of such General Assistance Funds. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: 4// AYES: /��`'4-4t i ACLCt.. /� 1 /' --;77-1<",/ /THE BOAPD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: FEBRUARY 29, 1972 There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. G,` ' 77 yv.✓ COUNTY CLERK - _ __ CHAIRMAN By; /2'47,, Deputy County Clerk GEELEY, COLORADO, MARCH 1, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M., with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 29th instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolutions were presented: RESOLUTION WHEREAS, heretofore and on October 17, 1962, by resolution, the Board of County Commissioners , Weld County, Colorado, did create the WELD COUNTY BOARD FOR MENTAL HEALTH to assist and advise the Board of County Commissioners of Weld County in the administration of the Mental Health Clinic and other mental health facilities in Weld County, and WHEREAS, pursuant to said resolution, the Board of County Commissioners did appoint the first members of the said Board for Mental Health and all subsenuent members thereto, and WHEREAS, Marjorie Kadlub, Chairman, Ned Callen, Robert Lanari , Charles M. Smith, Dr. R. I . Shwayder, Dr. James W. Mitchell , and Eddie Aragon, the last appointees to said Board for Mental Health have taken it upon themselves to organize as a non-profit corporation for the purpose of administering the affairs of the Weld County Mental Health Center, and WHEREAS, because of the action of the aforementioned members of the Weld County Board for Mental Health, the Board of County Commissioners has determined that said Board for Mental Health cannot be of any further useful purpose to the County. NOW, THEREFORE, in consideration of the foregoing and pursuant to authority of law, the Board of County Commissioners , Weld County, Colorado , hereby declares that the WELD COUNTY BOARD FOR MENTAL HEALTH, be, and it hereby is dissolved. BE IT FURTHER RESOLVED, and it hereby is ordered that all County funds and services , including County employees and fringe benefits , be withdrawn and/or terminated: and that the attached list of property assets , per copy attached hereto and made a part hereof by reference, be released to the corporation at no cost; and that all existing County leases entered into by Weld County on behalf of the Mental Health Center be cancelled forthwith. Tht• ;hove and foregoing Resolution was, on motion duly made and ceconded, adopted by the following vote, on the 1ST day of March , 1972. BOARD OF COUNTY COMMISSIoN.ERS WELD COUNTY, COLORADO • • 4 ATTEST: IV o>>ti� Clerkth Board By; !;��, . `��Z,,,.3/ Deputy County Clerk APPIIOVED AS TO` KORM: county _ ttorney A .s , . . RESOLUTION WHEREAS, heretofore by resolution, the Boards of County Commissioners of Larimer and Weld Counties, did create the Larimer Weld Planning Commission and did adopt Rules of Association governing the establishment and administration of the Larimer-Weld Planning Commission, and WHEREAS, a supplement to the aforementioned Rules of Association was presented to the governing bodies of both counties, but same was never formally adopted by resolution as required by law, and WHEREAS, new Articles of Association were submitted at a joint meeting of the Larimer-Weld Regional Planning Commission, and WHEREAS, said Commission represented by the governing bodies of same approved the new By-Laws as submitted, and voted to revoke all previous By-Laws. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that said Articles of Association of the Larimer-Weld Re gional Planning Commission, per copy attached hereto and made a part hereof by reference, be, and they hereby are adopted. BE IT FURTHER RESOLVED, that all previous Articles of Association and any amendments and/or supplements thereto are hereby revoked. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of March, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO r i ATTEST: 0 C�7;t 1J. • s .v Clerk otihe Board By: (Le," Deputy County Clerk APPROVED AS TO FORM: , (. 1 f(<` p L t ,, County AttnrtnPv ARTICLES OF ASSOCIATION of the LARIMIER-WELD REGIONAL PLANNING COMMISSION SECTION I. ORGANIZATION These Articles of Association, hereinafter referred to as "The Articles", shall regulate and govern the affairs of that unincorporated Association organ- ) ized pursuant to Article 2, Chapter 106, 1963 Colorado Revised Statutes, as amended, known as the Larimer-Weld Regional Planning Commission, herein- after referred to as the "Commission. '' The Commission shall perform regional y .r planning as defined by statute for the geographic area comprised of the counties of Larimer and Weld, in the State of Colorado, hereinafter referred to as the a "Region". The Commission shall also serve as an advisory coordinating agency for investigations and studies for improvement of government and services in the Region; shall disseminate information regarding comprehensive plans and V proposals for the improvement of the Region and shall promote general public support for such plans and programs as the Commission may endorse. SECTION II. DECLARATION OF POLICY • A. The Commission finds and declares that the people within the Region have a fundamental interest in the orderly development of the Region and declares: 1. That the members have a positive interest in the preparation and maintenance of a long-term comprehensive general plan, herein- after referred to as the "Plan", for the development of the Region to serve as a guide to the political subdivisions within the Region; 2. That the continuing growth of the Region presents problems that are not confined to the boundaries of any single county or city; '7. That the Region by reason of its numerous governmental juris- dictions presents special problems of development that can best be dealt with through a Regional Planning Commission created under Article 2, Chapter 106, 1963 Colorado Revised Statutes, as amended; and 4. That in order to assure insofar as possible the orderly and harmonious development of the Region and to provide for the needs of future generations, it is necessary for the people of the Region to perform regional planning functions as defined by statute and for the Commission to serve as an advisory coordin- ating agency to harmonize the activities of Federal, State, County- And Municipal agencies concerned with the Region and to render Issistance and create public interest and participation in the development of the Region. SECTION III. MEMBERSHIP The membership of the Commission shall be those counties and muni- cipalities which adopt these Articles of Association by resolution or ordinance as provided by State law. Each member or participating governing body shall have one (1) vote in matters concerning the general business of the Commission and the approval s of a comprehensive plan or parts thereof except the county units which shall lhave three (3) votes. The Commission shall fix the time and place for its meetings. NTatters pertaining to transaction of the Commission's business other than final adoption of the comprehensive plan or parts thereof, shall be handled by the Executive Committee. A majority vote of the Executive Committee shall be considered a favorable vote upon all motions or resolutions considered by the Executive Committee. { Adoption of the comprehensive plan or parts thereof, shall be considered approved upon a favorable vote of the majority of the membership; provided, however, that if the majority does not attend the meeting called to consider the comprehensive plan or parts thereof, then it shall be considered approved upon a favorable vote of the majority of the total representatives of the Executive Committee as provided herein. Each member shall designate his own voting representative prior to any vote on any matter. A. Executive Committee. The Executive Committee shall be composed of the following voting representatives; each representative shall have one (1) vote: 1. The members of the Board of County Commissioners of Larimer County shall be the three (3) voting representatives for the governing body of Larimer County. 2. The members of the Board of County Commissioners of Weld County shall be the three (3) voting representatives for the governing body of Weld County. 3. One (1) representative from the elected officials shall be designated by the City Council of the City of Fort Collins as the voting representative for the governing body of Fort Collins. The Fort Collins City Council may also name one (1) alternate voting representative. 4. One (1) representative from the elected officials shall be designated by the City Council of the City of Greeley as the voting representative for the governing body of Greeley. The Greeley City Council may also name one (1) alternate voting 'r representative. F ti •il -3- r • • 5. Two (2) representatives shall be designated and appointed by the Board of County Commissioners of Larimer County from the representatives of the towns or cities in Larimer County other than Fort Collins. The Board of County Commissioners may also designate and appoint alternate voting representatives for the two regular representatives. 6. Two (2) representatives shall be designated and appointed by the Board of County Commissioners of Weld County from the repre- sentatives of the towns or cities in Weld County other than Greeley. The Board of County Commissioners may also designate and appoint voting representatives for the two regular representatives. 7. Three (3) representatives shall be designated and appointed by the Board of County Commissioners of Larimer County who shall represent the citizen interest of the Region. The terms of such representatives shall be for three (3) years except the first appointments shall be for one year, two year, and three year terms. 8. Three (3) representatives shall be designated and appointed by the Board of County Commissioners of Weld County who shall represent the citizen interest of the Region. The terms of such representatives shall be for three (3) years except the first appointments shall be for one year, two year, and three year terms. The Executive Committee shall, as soon as it is officially organized, elect from its members a Chairman and Vice-Chairman and such other officers as it may deem necessary. The Secretary may be appointed from staff personnel available to the Commission. The Executive Committee shall fix the time and place for its meetings. The Executive Committee may act for the Commission on all matters pertaining to the Commission's business except final approval of the comprehen- sive plan which requires a public hearing. The Executive Committee shall have authority to appoint such committees as it deems advisable. Members of such committees may or may not be members of the Executive Committee of the Commission. SECTION IV. QUORUM A majority of the membership shall be a quorum for the transaction of business for both the Larimer-Weld Regional Planning Commission and the Executive Committee. SECTION V. I The Commission shall have the power and perform the duties as authorized and outlined in Chapter 106, Article 2, 1963 Colorado Revised Statutes, as amended. The Commission shall elect its Chairman, whose term shall be for one year, with eligibility of re-election. The Secretary of the Executive Committee shall be the Secretary of the Commission. SECTION VI, The Executive Committee shall have the authority to expend such money as may be receive d by it in establishing and maintaining a staff. It shall have authority to adopt rules for the transaction of business and to contract for special surveys, studies or plans with any county or municipality within the Region and may request the performance of such other duties as may be reasonably expected or required. The Executive Committee may request of a participating member that it assign an employee to the Commission for full or part-time staff work. The Executive Committee may also make recommendations to the local governing bodies for the purpose of appropriating money for its operation. Such recommended appropriation shall be made only on majority vote of the political subdivisions cooperating and participating in the organization and operation of the Commission. SECTION VII. i The Commission shall make and adopt a comprehensive regional plan for the physical, economic and social development of the Region within the jurisdiction of the cooperating governing bodies. In the preparation of such comprehensive plan, the Commission shall make careful and comprehensive surveys and studies of existing conditions and for reasonable or anticipated future growth. Such comprehensive plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious develop- ment of the Region within its jurisdiction which will, in accordance with i existing and future needs, best promote public health, safety, morals, order, � convenience and general welfare as well as efficiency and economy of the process of development. Such comprehensive plan shall include: r N A. The preparation of a work program for a period of thirty-six (36) months and updated each calendar year. B. The determination of area-wide goals and objectives. C. The preparation of a land use element consistent of approved goals and objectives. D. The preparation of housing element including the need and desires of low-income and minority groups. E. The preparation of a three (3) to five (5) year capital budget. SECTION VIII. The Commission may adopt the plan as a whole by single resolution or it may, by successive resolutions, adopt successive parts of the plan or may adopt amendments, extensions or additions thereto. Before adoption of the plan or any part, amendment, extension or addition thereto, the Commission shall hold at least one (1) public hearing with at least fifteen (15) days notice given in newspapers of general circulation in the Region of the time and place The adoption of the comprehensive plan or any part, amendment extension or addition shall be by resolution of the Commission by the affirma- tive vote of not less than the majority of the entire membership of the Commission except as provided in Section III. Such resolution shall refer expressly to the maps and descriptive materials intended by the Commission to fully describe the plan and action taken by the Commission shall be reported on all maps and descriptive materials by the identifying signature of the Secretary of the Commission. SECTION IX. The adoption of a regional plan or any part thereof shall have no legal force or effect nor shall it be binding upon any political subdivision until the plan is adopted and approved by the local Planning Commission of each political subdivision and recommended to the local governing body and officially adopted by the local governing body as provided by law. SECTION X. The Commission shall have the power and it shall be its duty to promote public interest in and understanding of any proposed comprehensive plan or any part thereof, and to that end may publish and distribute copies of the proposed plan or any part thereof and may employ such other means of publicity, informa- tion and education as it may determine. The members of the Commission, when duly authorized by the Commission, may attend planning conferences or meetings of planning institutes or hearings upon pending planning legislation or visit other communities and the Commission may adopt the reasonable traveling expenses incidental to such attendance or visit. A resolution authorizing payment of such expenses shall be spread upon the Minutes of the Meeting of the Commission. The Commission shall, from time to time, recommend to the governing bodies of the counties and municipalities in the Region appropriate public officials, programs for public structures and improvements and for the financingthereof. -7- 7 The Commission shall further consult with public officials and agencies; public E utility companies, civic, educational, professional or other organizations; and r. citizens with relation to the protection or carrying out of the plan. All public officials in the Region shall, upon request, furnish to the Commission within a reasonable time, such available information as it may require for its work in general. The Commission shall have such powers as may be necessary to enable it to fulfill its functions, promote planning and carry out the purposes of its organization. The Commission shall, after operating for one year and annually thereafter, make a report to the governing bodies of the counties and municipalities of the Region concerning its activities during the year. SECTION XI. In order to further the purposes of the Commission, said Commission is authorized to cooperate with and seek the cooperation of the Colorado Division of Planning and county and municipal planning authorities in the State of Colorado and elsewhere as well as the various departments, divisions, commissions and boards of the State and Federal governments. • SECTION XII. The Commission shall have the legal authority to enter into contracts with properly qualified individuals, institutions, organizations or governmental bodies and shell he specifically empowered to receive and expend Federal funds and expend other funds for the purpose of the preparation of elements of a master plan as provided under Chapter 106, Article 2, 1963 Colorado Revised Statutes, as amended, and to contract with the United States of America with respect thereto. The Commission shall further have the legal authority to enter into contracts for consultation services or other services which from time to time may seem advisable or necessary for the official or satisfactory development Before finally adopting and certifying any plan, the Commission shall submit such plan to the Colorado Division of Planning for advice and recommen- dations. If such advice and/or criticism have not been presented within such period of thirty (30) days, the approval of such plan by the Colorado Division • of Planning shall be presumed. SECTION XIII. Any county or municipality adjacent to the area may gain membership in the Commission providing that the governing body of such county or ' municipality shall adopt an ordinance or resolution setting forth its desire to cooperate in the work of the Commission and incorporating The Articles of the Commission. The appointment of representatives from such county or municipality shall be the governing body. • SECTION XIV. I Any county or municipality may withdraw from membership in the Commission by action of its governing body which shall become effective ninety (00) days after written notice to that effect has been given the Chairman of the Commission. After its participation in any of the powers and duties of the Commission as far as such unit is concerned shall then terminate; but the money appropriated to and received by the Commission from the withdrawing unit shall not be returned to such unit. SECTION XV. The Articles of Association may be amended by a two-thirds (2/3) vote of the Commission. Approved this 1st day of March , 1072. tiTY . • 1 _ . ..�.....-�......J.a-Y+1=41.rieu A.:...w ..�...�.........tar.......y.c�+...sa.l........ _ .- IN THE MATTER OF CANCELLING PUBLIC WELFARE WARRANTS: WHEREAS, the following Public Welfare warrants have been issued in error, or the amounts for which they were drawn have other- i wise been changed. NOW, THEREFORE, BE IT RESOLVED, that the attached list of warrants drawn on the Fund indicated be cancelled and held for naught. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: C '/ l AYES: �,- tc.'L. ,' 4dge yi ? T t,. `r 7' /. �- '/s 7-- � i. �,,,,, / � 'T6IE'BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Date: February, 1972 WARRANT N0. DATE TO WHOM ISSUED AMOUNT OAP - 36706 12-20-71 Brown, Maria M. $ 10.00 37086 12-20-71 Gurule, Dora 142.00 37738 12-20-71 Romero, Pablo 72.00 38277 12-20-71 Westman, Beulah 142.00 38066 12-20-71 Winckel, Pearl M. 8,00 40155 2-18-72 Bailey, T. H. 142.00 40830 2-18-72 Kelsey, Cash J. h3.00 40940 2-18-72 Lopez, Telesforo 90.00 $ 669.T0 Less 130A6 12-18-70 Tolakos, Nora E. cancelled in -73.00 July, 1971 assymed lost--cashed in Jan, 1972, had been held for probate. TOTAL OAP $ 596.00 AND 8880 11-17-71 Snyder, Robert L. 10.00 8895 12- 8-71 Pinker, Arlone 72.00 9034 12-20-71 Euresti, Bruno 10.00 9170 12-20-71 Kinder, Charles M. 36.00 9171 12-20-71 Kinder, Edith P. 36.00 9173 12-20-71 King, Michael B. 87.00 9207 12-20-71 Maes, Rosenaldo 74.00 9240 12-20-71 McAfee Charles 151.00 9254 12-20-71 Mesa, Crispin 10.00 9402 12-20-71 Schneider, Glenrose liS 10.00 9406 12-20-71 Schott, Robert 102.00 9407 12-20-71 Schultz, James 61.00 WARRANT N0. DATE TO WHOM ISSUED AMOUNT AND (cont.) Mr$ICK7I SNONXICXXXXXXXXK. 9431 1 ?-20-71 Snyder, Robert L. $ 10.00 9476 s 1?-20-71 Walker, Pat 52.00 9675 1-20-72 Flores, Eloy B. 5.00 9957 1 -?0-72 Pinker, Arlone 72.00 10039 1 -20-72 Schultz, James 61.00 10056 1-20-72 Sigler, Dorothy 40.00 10224 2-18-72 Candelarie, Eloisa 113.00 10342 2-18-72 Gonzales, Juan 73.00 10437 2-1.8-72 Lopez, Joe J. 130.00 10551 2-18-72 Pacheco, Antonia 115.00 10647 2-18-72_ Schultz, James 61.00 $ 1,391.00 Less 4940 5-20-71 Martinez, Charles R.cancel.led -42.00 in Sept. 1971--assumed lost-- cashed in January, 1972 * TOTAL AND $ 1,349.00 ADC 25112 12-20-71 Avalos, Manuel 182.00 25252 12-20-71 Crank, Janice 194.00 25259 12-20-71 Cruz, Evangeline 305.00 7594.7 17-711-71 [S.1ver. Shirley Iga_nn . 1 i - • 93.7)6') . 12-20-71 � Culver, glirley 194.00 25575 12-20-71 Johnson, Sue E. 104.0025590 12-20-71 Kills Enemy, William N. 165.00 25638 12-20-71 Ludahl, Dallas S. 1.92.00 25648 12-20-71 Lutes, Gerald Raymond 63.00 ?5663 12-20-71 Maloney, Phyllis C. 113.00 25758 12-20-71 Mendez, Maria E. 54.00 25791 12-20-71 Montalvo, Rafaela 291.00 25797 12-20-71 Moore, LaVaughn 190.00 '5841 12-20-71 Newkerk, Laurie M. 96.00 25964 12-20-71 Rivera, Maria 80.00 25993 12-20-71 Rosales, Maria 147.00 26049 12-20-71 Saunders, Naomi 235.00 26057 12-20-71 Schott, Margaret T. 362.00 26432 12-15-71 Roel, 'Melia G. 80.00 26444 12-22-71 Garcia, Mary A. 28.00 26447 12-22-71 Alvord, Carole E. 139.00 26529 1-20-72 Ahrend, Norma K. 234.00 25132 12-20-71 Barron, Florence 105.00 26595 1-20-72 Barron, Florence 105.00 27049 1-20-72 Jordan, Lena 282.00 27122 1-20-72 Lynch, Mary 153.00 27135 1-20-72 Maloney, Phyllis C. 113.00 27200 1-20-72 Matson, Sandra M. 176.00 27376 1-20-72 Perez, Maria 11.3.00 27538 1-20-72 Schott, Margaret T. 362.00 27654 1-20-72 Valdez, Evangeline M. 127.00 28966 2-18-72 Aguirre, Martina 235.00 28067 2-18-72 Ahrend, Norma K. 234.00 28068 2-18-72 Akin, Ronald F. 223.00 28096 2-18-72 Archibeque, Melesio 80.00 28131 2-18-72 Barron, Florence 105.00 28148 2-18-72 Belk, James L. 7.00 28269 2-18-72 Culver, Shirley 194.00 28271 2-18-72 Curtis, John J. 200.00 28353 2-18-72 Finger, Barbara L. 105.00 28433 2-18-72 Gonzales, Jessie 183.00 28511 2-18-72 Hernandez, Lucy L. 125.00 28521 2-18-72 Herrera, Viola 54.00 7852_6 28553 28566 2-18-72 Hilliard, Elizabeth 235.00 2-18-72 Ingersoll, Lavalta 120.00 2-18-72 Jaramillo, Paul J. 215.00 28579 2-18-72 Jonas, Alice M. 189.00 28580 2-18-72 Jones, Candace K. 120.00 28634 2-18-72 Lopez, Telesforo 54.00 28644 2-18-72 Lugo, Shirley G. 95.00 286544 2-18-72 Lynch, Mary 153.00 28669 2-18-72 Maloney, Phyllis C. 113.00 28674 2-18-72 Martin, Jenny 113.00 28794 2-18-72 Molina, Benita 92.00 28850 2-18-72 Newkerk, Laurie M. 96.00 28897 2-18-72 Pearson, Dorothy 153.00 28918 2-1.8-72 Pluma, Jose F. 329.00 28924 2-18-72 Price, Retha D. 122.00 28949 2-18-72 Ratcliffe, Caroline K. 323.00 98976 2-18-72 Rivers. Joyce 358.00 WARRANT N0. DATE TO WHOM ISSUED AMOUNT ADC (cont) 2.9010 2-18-72 Roufs, Joyce $ 232.00 29062 2-18-72 Saunders, Naomi 235.00 29186 2-18-72 Valdez, Verna 194.00 29247 2-1.8-72 Wright, Aleta 37.00 TOTAL ADC $ 10,307.00 ADC-U 26275 12_-20-71 Hernandez, Luiz R. 252.00 26290 12-20-71 Owens, Burton 238.00 27817 1-20-72 Williams, Everette L. 285.00 29271 2-18-72 Arguello, Tim D. 200.00 29272 2_-18-72 Barrera, Jose 227.00 29275 2-18-72 Borjas, David 165.00 29278 • 2-18-72 Casarez, Andres S. Jr. 365.00 29279 2-18-72 Castillo, Thomas R. 358.00 , 29280 2_-18-72 Castoreno, Guillermo 236.00 29296 2-18-72 Gabaldon, Raul 210.00 29310 2-18-72 Hernandez, Luiz R. 252.00 29314 2-18-72 Lopez, Joe S. 332.00 29317 392IR 2-18-72 Martinez, Andres F. 388.00 29336 2-18-72 Rodriquez, Julian 160.00 29339 2-18-72 Ruiz, Vincente 395.00 29347 2-]8-72 Sendejo, Gregorio 255.00 29352 2-18-72 Trevino, Juan 200.00 TOTAL ADC-U $ 4,518.00 WIN - 26314 12-2A-71 Bailey, Virgil C. Jr. $ 230.00 27923 1-20-72 Vallejo, Frank 207.00 27925 1-20-72 Vieyra, Carmen 172.00 29370 2-18-72 Case, Elaine 214,00 29371 2-18-72 Chavez, Juanita 224.00 29418 2-18-72 Maldonado, Joe 283.00 ?_9451 2-18-72 Rowe Judith A. H. 265.00 29456 2-18-72 Stowers, Marvin J. 308.00 TOTAL WIN $ 1,903.00 TOTAI. CANCELLATIONS $ MAX 18,673.00 HILL 'N PARK SUBDIVISION SECOND FILING (66-5-26:S4) RELEASE OF BOND AS SUBMITTED BY BEST WAY PAVINS COMPANY: WHEREAS, the County Engineer has recommended the release of a certain bond now being held by Weld County, Colorado, for the completion of certain road requI.cements within said Hill 'N Park Subdivision, Second Filing, said bo!.i more particularly described as follows: Bonds Western Casualy & Surety Company (Norman Noe) Issued to: Best Way Paving Company Amount of Bond: $7,500.00 Dated: April 1, 1971 • NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that they do hereby direct the County Clerk to release said bond now being held by Weld County, Colorado. The above and foregoing resolution was on notion made and seconded, adopted by the following vote: AYES: /,1"ii,4i, j I THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 1, 1972 ABATEMENT OF TAXES: WHEREAS, the Board of County Commissioners of Weld County, Colorado, has carefully considered the following petition and is fully advised in relation. thereto. NOW, THEREFORE, EE IT RESOLVED, that said petitions be granted as rec- ommended by the Assessor. PETITION N0. PETITIONED BY: AMOUNT 30 Lothar F Herta Guenther $273.92 The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES l THE BOARD OF COtJIVTY COMMISSIONERS WELD COUNTY, COLORADO Dated: March 1, 1972 LHR 2 . . , FERMENTED MALT BEVERAGE LICENSE NUMBER 72-3 CHARLES R. PERRYMAN AND CHARLES TRIPP dba CHUCKS STOP EXPIRES MARCH 1, 1973: WHEREAS, Charles R. Perryman and Charles Tripp of Route 1 Box 218-A, Brighton, Colorado, dba Chucks Stop, have presented to the Board of County Commissioners of Weld County, Colorado, an application for a county retail license for sale of 3.2% beer only, and WHEREAS, the applicant has paid to the County Treasurer of Weld County the sum of fifty dollars ($50.00) therefor, and having produced a State Retail License for sale of 3.2% beer only, outside the corporate limits of any town or city in the County of Weld, at the location described as follows: Five miles east of Brighton, Colorado, - Route 1 - Highway #6 1 Acre on the SE Corner of SE4 of Section 36, Township 1 North, Range 66 West of the 6th P. M., Weld County, Colorado. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners having examined the said application and the other qualifications of the applicant do hereby grant License Number 72-3 to said applicant to sell 3.2% beer only at retail at said place, and do hereby authorize and direct the issuance of said license by the Chairman of the Board, attested by the County Clerk and Recorder of Weld County, good for one year from the date of issue unless revoked, according to law,provided, however, that said license shall be issued upon the express condition and agreement that the place where licesnsee is authorized to sell beer under said license will be conducted in strict conformity to all laws of the State of Colorado and rules and regulations relating thereto heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. The above and foregoing resolution was, on motion duly made and ) 1ded, adopted by the following vote: 1 ' AYE,: a _ e (4.4 - �e&f:7, ) , . 1 �� l LC i ��. 11 ://off , , / ( + THE BO4RD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 1, 1972 WEST RIDGE SU3D IVISION THIRD FILING (66-5-16:SE} Ptn) RELEASE OF $500.00 CERTIFICATE AS SUBMITTED BY WILLIAM FORTHYSE: WHEREAS, the County Engineer has recommended the release of a $500.00 certificate now being held by Weld County, Colorado, for the completi_n of certain road requ;reme nts within said Westridge Subdivision Third Filing (S14: Section 16, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado) said Certificate more particularly described as follows: Certificate #624; dated July 5, 1971; drawn on the West Greeley National Bank; made payable to Forthyse Masonry c/o William Forthyse; with an endorsement to Weld County, Colorado. NOW, THEREFORE, BE IT RESOLVED, by the Board of county Commissioners, Weld County, Colorado, that they do hereby direct the County Clerk to release said Certificate #624, now being held by the County, in the amount of $500.00 to William Forthyse. The above and foregoing resolution, was on motion made and duly seconded, adopted by the following vote: AYES: !% !�! f rZC� • 1 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 1, 1972 • • _ . _.� . . DEDICATION OF PERPETUAL RIGHT-OF-WAY i SONNY VIEW ESTATES SUBDIVISION, FIRST FILING (66-6-23 Ptn) 1 BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual right-of- way over the public roads, streets, highways and easements in behalf of the public in Sonny View Estates Subdivision, First Filing, being a subdivision in Weld County, Colorado located in the West Half of the Southwest Quarter (WiSWt) of Section 24 and in the East Half of the Southeast Quarter (Ei-SE4) of Section 23 all in Township 6 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado, and being more particularly described as follows: Beginning at the West Quarter Corner (W4Cor) of said Section 24 and considering the North line of the Southwest Quarter (SW-) of said Section 24 to bear South 89° 44' 08" East with all other bearings con- , tained herein being relative thereto: Thence South 89° 44' 08" East along the North line of the Southwest Quarter (SW-1.1) of said Section 24, 1316.17 feet to the Northeast Corner of the West Half of the Southwest Quarter (NECorWiSW4) of said Section 24; Thence South 00° 13' 38" West along the East line of the West Half of the Southwest Quarter (W-12SW4) of said section 24 a distance of 2631.59 feet to the Southeast Corner of the West Half of the Southwest Quarter (SECorW2 W4) of said Section 24; Thence North 89° 36' 09" West, 12.19 feet to the Northeast Corner of Seeley Lake Subdivision as recorded in the records of Weld County, Colorado; Thence continuing North 89° 36' 09" West along the North line of Seeley Lake Subdivision, 486.13 feet to a point on the Easterly Boundary of Seeley Lake; Thence along the Easterly Boundary of Seeley Lake by the following 12 bearings and distances: North 15° 13' 06" West, 410.76 feet; North 170 30' 00" West, 300.00 feet; North 33° 46' 00" West, 400.00 feet; North 38° 00' 00" West, 900.00 feet; • North 07° 00' 00" West, 200.00 feet; South 45° 00' 00" West, 150.00 feet; North 77° 30' 00" West, 80.00 feet; North 28° 20' 00" West, 430.00 feet; North 07° 00' 00" West, 155.00 feet; North 55° 00' 00" West, 180.00 feet; South 82° 30' 00" West, 80.00 feet; North 33° 00' 00" West, 211.62 feet to a point on the N,rth line of the Southeast Quarter (SE4) of said Section 23; Thence South 89° 51' 16" East along the North line of the Southeast Quarter (SE-14-) of said Section 23 a distance of 940.58 feet to the point of beginning; FE IT RESOLVED, that the accompanying plat is approved for filing and the public roads, streets, highways and easements thereon shown are approved, provided, however, that the County of Weld will not undertake maintenance of said streets, roads, and right-of-way until they have been constructed by the subdivider according to specifications and accepted by the County of Weld, and BE IT STILL FURTHER RESOLVED, as per Planning Commission resolution of recommendation to the Board of County Commissioners dated February 9, 1972, that the recommendations for drainage by Nelson, Haley, Patterson & Quirk to lower the water table level be met. The elevations of homes to be such that a future sewage system can be installed. The subdivision agreement and a demand note in the amount of $43,557.50 be properly signed in lieu of $21,675.00 for 4,250 feet of roadway as recommended by the Weld County Planning Commission. The above and foregoing resolution was, on motion made and seconded, adopted by the following vote: AYES: , u4 /4- , f,„„kz. ,, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 1, 1972 ,the corporate limits of that community. Tr tie mco`rpora ddd' community has not adopted such requirements and standards at the time a subdivision is proposed, the requirements and 1 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- E faction of the County at Subdividers 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 i of County Commissioners, at its option may grant extension j of time of completion upon application by Subdivider. . . I 4. Release of Liability: Subdivider shall indemnify and save harmless the County from any an edlb su ariifrom�or on account � r claims of every nature and description caus y, isng 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 Couni.y, 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. SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 19th day of • January, 1972 by and between the County of Weld, Colorado, hereinafter called "County", and David A. Fagerberg Jr. & June I. Fa_gerberg and Ogilvy Irrigating and Land Co. hereinafter called "Subdivider". WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: Attached Exhibit "A" WIIEREAS, a final plat of said property, known as Sonny View Estates has been submitted to the County for approval; and WHEREAS, it is provided by resolution of the Board of County Commissioners, County of Weld, that no final plat shall be approved unless the subdivider shall have entered into a written agreement with the County to install certain improvements; NOW, THEREFORE, in consideration of the foregoing and the acceptance and approval of said final plat, the parties hereto promise, 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 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. 2. Rights-of-Way and Easements: Before commencing the con- struction of any improvements herein agreed upon, Subdivider shall acquire, at itq 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 • • I i . . 7. Subdivider shall furnish to the Board of County Commissioners as a guarantee of compliance with this agreement: 1) Cash escrow deposit, or 2) Bank letter of credit, or 3) "Sub Division Bond" issued by surety company authorized to do business in the State of Colorado, or 4) Demand i 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. 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 �, Tit 7 '_/.121. -' , - ' _ _ N 1�(� ETES. ; it' �i�.) ' / %1- ;- ATTEST: -,a,„„„id.,,,,,t.t.4.../ _ . i Crk of the Board APPROVDD AS TO-FORM: t _ , :1: , , ( / . ( / olanty Ai.torney .) . 6 . „.., ,i.... . • •,„David A. Fag e rbe rg'�,6 1- t l a' 4��i June I. Fagerberg \ 17'`u frt..ge.44,_ Ogilvy Irrigating and_l.and Company. 1 r ( ubdiv Zr) �` L/7,_-_,- ��c4-774.7.-2.c- , . I By: ,j_ 20 �, ot><� (Title) f . -_._.7:, • ., r •N.lo A._ .:N . 'NIJ: . !• I,,NED. BEING THE SOLI OWNER IN FEE OF wNN, VILA ESTATES. F:RS1 FILING. A evUUtel.10N ,N «i.J v,. A." .00AIED IN IME wESI MAtF OF THE SOUTHWEST QUARTER (S41!4' OF SECIION 24 AND IN TMF to "At of r, •.. . 1• ER (E1i2SEIJ41 Of SECTIOA 23 ALL IN TOWNSHIP o NORTH. rANGE 66 NEST OF THE SIXTH P.IN, t.AI MERIO- A4. o- , ' N ' JLORADO. AND BEINu MORE PARTICULARLY DESCRIBED AS FOLLO•'S: • v4,4, Al -' BEST QUARTER CORNER (w1/4COR) Of ,AI ' SW ION 24 AND LONSIDt.RING THE NORTH LINE OF THE SOUTHWEST . .. + ,) Of SAL) SECTION 24 TO BEA0 aOUIM ^4 4r' 0 iASI wITH ALL DINER BEARINGS CONTAINED HEREIN BEING r. i i0: A� ; ALONG THE NOR'IN LINE OF THE SOUTHWEST QUAeIER _.a:4) OF SAID SECTION 24. Itii .11 4 N , 7.A ,.N;- Ot 1Mi NESI MALI Of THE SNOWS' QUAR1'R (NtCOarli23Ali4) OF SAID SECTION 24: -N ' - - 00 .E 1 ALONE, 10 EASI LINE OF THE w:JI HAIf OI THE CUIHWtSI QUARTER (mli2Sol/4) Ot SAI; -r 5 „I;1AN ut ;ES .:'1 fEET IJ IME. '•DLTHEAST CORNE4 OF 1HF wf•l HAL- Ot Ili SOUIMwt:1 QUARitR (SECORo. . e A. F .D St i ,)N :4: .c. r vF'T I .i . FE•i f0 I"• NOtIstA>1 COINER Of Si.L.Y L.:AL sue •. ION A`; Rf ORDFD IN IHE "CC.. -4 .'.: .-,N... ,t .. n.• *04' ALON,: IM' NO,TH 'N• n. m 'r, 4' ' 4 . :I, ' I, N, 4 .. ...4 , _v . .. . ..•:Y 6OUN,A,1 fltY LAXf BY IME FOLLOW'S IN . t4. . IaIANEIi: .. N;. i4 OF oI 51. ,.1 u.,6 ' i 1: v:- - 30' 00" etE.l. JUO.9U I: , - s 33 46' 00' oi ,:. 400.00 t•, 1: v^,,:N 3 00' 0 ' wi ;'. +00.00 tfE1: Nj- 07 00' 00 wE 200.00 f'ET: 'H 4; Or' 00" nEl, I'.0..)0 f!'T: t. .:4 77 30' 0G' 1. x'..00 f,. f: Sonny View Estates N '.. ze 20' 0C- 4i '. %.0", t t t ;: 4'- . 07 0G' OC" •:...00 tit ,. Exhibit "A" s 92 3:' OU' Ai - ..0.: ' • 4',.1M -�! 00' 00" 1,111. :11.•.21141 IO A P01Nt nN THE Nr.ls EIS! Of 1H1 S01'IMiast QUAtlt, (Stl '4: 0, Eip tCT10N 2T: - :1 A;ON .0 NO•I. 1INI ',i 'tit S001HIAI QDARIiR (`11:4) Ot `:AIL` Si 11,YN : A .'I:144 t ^�� • __�.. • Y I .. r 9 DEDICATION OF PERPETUAL RIGHT-OF-WAY WESTRIDGE SUBDIVISION, FOURTH FILING AND RE PLAT OF TRACT "A" OF WEST RIDGE, THIRD FILING: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual right-of- way over the public roads, streets, highways and easements in behalf of the public in Westridge Subdivision, Fourth Filing, being a subdivision in Weld County, Colo- rado located in the Southeast Quarter (SE4) , the Northeast Quarter (NE-4) , and the Southwest Quarter (SW-1) 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 being those platted and recorded in the records of Weld County, Colorado: Beginning at the Northeast Corner (NE Cor) of the South Half of the North- east Quarter (Si- NE4) 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 (EiCCor) of said Section 16; Thence South 00° 07' 43" East, along the East line of the Southeast Quarter (SE4) 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" West, 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 bears North 40° 00' 00" West, 565.65 feet; Thence North 80° 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 Ncrth 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' 4E" East, 417.70 feet; Thence Ncrth 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 03° 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 O1° 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 (SW4) 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 (C4Cor) 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 (SiNE4) of said Section 16, to the Northwest Corner (NWCor) of the South Half of the Northeast Quarter (Si-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 (SiNE4) 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 ciruclar curve to the left to it's intersection with the North line of the South half of the Northeast Quarter (SlNE4) 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 (S2NE4) of said Section 16, a distance of 40.00 feet to the point of beginning. -• .---,,t .. 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. r 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 i 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 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, " anal/or any regulations imposed by the Industrial Commission of the State of Colorado. 5. Acceptance: Upon completion of said construction according 4 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. • and • BE IT RESOLVED, that the accompanying plat is approved for filing and the public roads, streets, highways and easements thereon shown are approved, provided, however, that the County of Weld will not undertake maintenance of said streets, roads, and right-of-way until they have been constructed by the subdivider according to specifications and accepted by the County of Weld, and BE IT STILL FURTHER RESOLVED, that the subdivider shall furnish a subdivision agreement and demand note in the amount of $20,522.50 as recommended by the Weld County Planning Commission. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: z c, rlLt . . •' / DATED: MARCH 1, 1972 1(101. SUBDIV 1s 3N AGREEMENT THIS AGREEMENT , grade and entered into this 28th ------------ day of February 19 72 by and between the County—7777-- �;a , Colorado , hereinafter culled "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 DESCRIPTIO WHEREAS , a final plat of said property , known as [TEST 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 '.meld , that no final plat seal : be approved unless the subdivider shall have entered into a written agreement with the County to install certain improv� - 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 riart hereof. 1 . 1 Said engineering services shall be performed Py a Registered Profess ; onal Engineer and Land Surveyor in the State of Colorado and shall conform to the standardp and criteria for public works as established by the County. • 1 . 2 Said engineering services shall consist of , ouZ 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 instal - ed improvements , Subdivider shall furnish one set of re- producible "as-built" drawings and a final statement of construction cost to the County . - 1 - �._.._..___ __. _.. 131 . 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. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written: BOARD C2 CCYJN 'Y COMiVIISSIO\ERS WELD COl.;N l Y, COLORADO G . /- cc %"(- A _/1 e ce ey.i • • t-_f f f l' C •. / 1/ 1C..".: ..:-::: a1444 (: eri` of the ,,"3 rd � ` (Z' Deputy Courr;y Clerk 1'PRO -'t) AS TO OR:VI: , 5?_,,_., 4,4 L' 't . . /t. L- 711 C,minty Attorney ROCKY MOUNTAIN ENTE.RPRTSES OF NEW JERSLY, INC. (Subdivider) ' 1 1 i R -,,t _, , . By: .. (Title) William S. Eunte, President -- -, T'.C J� '.C ._ -"f-------2/‹. \•� _ ‘ i..10,0) � h. Folk, Secretary 132 There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. "7741.1_44.1 COUNTY CLERK „�/�!/�z ,;-„e:;,i. . CHAIRMAN az-Zt mom/ Deputy County Clerk GREELEY, COLORADO, MONDAY MARCH 6, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M., with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 1st instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolution was presented: IN THE MATTER OF APPROVAL OF AN OFFICIAL BOND: The following bondsweresubmitted to the Board of County Commissioners of Weld County, Colorado, for examination and finding that the bondsas listed below areregular in form and sureties deemed sufficient, on motion duly made and seconded, it was RESOLVED, that the following bonds be and they are hereby ordered recorded: W lter L. Bain $10,000.00 Public Trustee illiam H. Oliver 10,000.00 Deputy Public Trustee ?.eonard H. Bartels 10,000.00 Deputy Public Trustee There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. i 0 ,')yttiv COUNTY CLERK i'/ , . , e:7- CHAIRMAN ‘(./ By:‘, /„,; Z,/,,, ,-,�,. ' Deputy County Clerk GREELEY, COLORADO, WEDNESDAY,MARCH 8, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY • The minutes of the 6th instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolutions were presented: _ _.�. 133 t RESOLUTION WHEREAS, a public hearing was held on Monday, February 28, 1972, in the chambers of the Board of County Commissioners, Weld County, Colorado, for the purpose of hearing the petition of Thomas U. Clark, 11702 Spring Drive, Denver, Colorado, requesting a change of zone from "A" Agricultural District to "C" Commercial District, and WHEREAS, the petitioner was present and represented by counsel, and WHEREAS, there was some opposition to the change of zone, and WHEREAS, the Board of County Commissioners heard all the testi- mony and statements of those present, and WIIEREAS, the Board of County Commissioners has studied the request of petitioner and studied the recommendations of the Weld County Planning Commission as submitted, and having been fully informed; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, that the petition of Thomas U. Clark, 11702 Spring Drive, Denver, Colorado, for a change of zone from "A" Agricultural District to "C" Commercial District, said area being more particularly described as follows: A tract of land located in the Southwest Quarter (SW-4) of Section 23, Township 1 North, Range 68 West of the Sixth Principal Meridian, Weld County, Colorado and being further described as follows: Beginning at the Southwest Corner (SW Cor) of said Section 23, and considering the West Line of said Section 23 to bear North 00° 07' 30" East, with all bearings herein being relative thereto: Thence North 00° 07' 30" East, along the West Line of said Section 23, a distanct of 330 feet; Thence North 89° 48' 19" East, 50. 00 feet to the East Right- of-Way Line of Interstate Highway No. 25; Thence continuing North 89° 48' 19" East, 610. 00 feet; Thence South 00° 07' 30" West, 300. 00 feet to the North Right- of Way Line of County Road No. 6; Thence continuing South 00 07' 30" West, 30. 00 feet to the South Line of said Section 23; Thence South 89 48' 19" West, along the South Line of said Section 23, a distance of 660. 00 feet to the Point of Beginning, consisting of 5 acres, more or less, is hereby granted under the conditions following: 1. Any water and sanitation faciliti es to be installed shall be approved by the State Health Department. • 2. All applicable subdivision regulations and zoning regulations shall be followed and complied with in accordance with the zoning resolutions of Weld County, Colorado. 13,1 • 3. Subject to fencing and landscaping the area rezoned. 4. Subject to all oil being hauled away and not dumped on premises. C 5. That said change of zone herein granted is conditional only for a period of twelve (12) months from date hereof, on condition that developer proceed with due diligence to begin development of the area rezoned and submit plans for such development for the approval of the Weld County Planning Commission; and that major construction shall commence thereon within said twelve (12) month period; otherwise, the County may take action to rezone the property to its present classification. Dated this 8th day of March, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I(41 ti4) ,:///2: 17 f/ ;IV/ ATTEST: Cier, f tjle Board By: (�1�,.� Deputy County Clerk APPRdVED AS T FORM: ( -�County Attorney FERMENTED MALT BEVERAGE LICENSE NUMBER 72-1 ANDRES AGUILERA dba ANDY'S CAFE EXPIRES MARCH 16, 1973: WHEREAS, Andres Aguildera dba Andy' s Cafe of 520 North Ninth Avenue, Greeley, Colorado, has presented to the Board of County Commissioners of Weld County an application for a County Retail License for the sale of 3.2% beer only, and WHEREAS, the said applicant having paid to the County Treasurer of Weld County the sum of fifty dollars ($50.00) therefor, and having produced a State License for the sale of 3.2% beer only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: Lot 4 Shupes Subdivision, Part of Block 37 and 38 Clayton Park in SW-I-Ski of Section 32, Township 6 North, Range 65 West of the 6th P. M., Weld County, Colorado. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners having examined the said application and the other qualifications of the applicant do hereby grant license Number 72-1 to said applicant to sell 3.2% beer only at retail at said place, and do hereby authorize and direct the issuance of said license by theChairman of the Board, attested by the Count! .lerk and Recorder of Weld County, good for one year from the dat(1 of issue unless revoked, according to law, provided, however, that said license shall be issued upon the express condition and agreement that the place where licensee is authorized to sell beer under said license will be conducted in strict conformity to all laws of the State of Colorado and rules and regulationsrelating thereto heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violation thereof shall be cause of revocation of the license. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: ZZ--0( e44-- (.3.": (Absent) T BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 8, 1972 =x•35 RESOLUTION N WHEREAS, heretofore and on June 5, 1968, by resolution, the Board of County Commissioners, Weld County, Colorado, did authorize the Weld County Clerk and Recorder to accept crash, cashiers or certified checks from subdividers of land in Weld County in lieu of surety bonds, and WIE REAS, the Board believes it to be desirous and in the best interests of the County to additionally accept demand notes from such land subdividers in the County. NOW, THEREFORE, BE IT RESOLVED, that the Weld County Clerk and Recorder as Clerk to the Board of County Commissioners, be, and she hereby is authorized to accept (1) cash escrow deposits, (2) hank letters of credit, (3) subdivision bonds, or (4) demand notes on behalf of the County and to deposit same in a safe deposit box to the credit of Weld County. The above and foregoing Resolution was, on motion duly made and seconded, adopted this 8th of March, 1972, nunc pro tune, as of January 1, 1972, BOARD OF COUNTY CONIMISSIONE RS WELD COUNTY, COLORADO Le A %C t",- ATTEST:•.n- P�oyyt-✓� Clerk of thVBo and By; 1 yp.4 Deputy County Clerk APPROVED AS ".'O FORM: ti - ` c_ �r Cdunty :attorn SIGN 0:: AND GAS LEASE #572 E. B. O'HARA EXPIRES ':ARCH 8, 1977: WHEREA, 7.. B. O'Hara of 812 Patterson Building, Denver, Colorado, has presented this Board with an Oil and Gas Lease covering the following tract of land situate in Weld County, Colorado, described as follows; to-wit The Southeast Quarter(SEI) of the Northeast Quarter (NEB, Section 25, Township 3 North, Range 61 West of the 6th P. M. , Weld County, Colorado. and WHEREAS, the Board believes it to be in the best interests of the County to sign said l,a :se. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that they accept said lease by signing, a copy of which is hereto attached and made a part of this resolution, with E. B. OHara, $1.00 per acre bonus and annual delay rental of $1.00 per acre has heretofore been received and recognized by receipt number 1010 under date of March 3, 1972. The above and forego'_ng resolution was, on motion duly made and seconded, adopted by the following vote: AYES: /l THE)/(0/ARD-/OF COUNTY COMMISSIONERS HELD COUNTY, COLORADO DATED: MARCH 8, 1972 136 . . � t DUPLICATE A. N. D. WARRANT N0. 8818 ABEL C. TREVINO a WHEREAS, Aid to the Needy Disabled, Warrant No. 8818, dated November 20, 1971 in the amount of Forty Five Dollars ($45.00) , has been misplaced, lost or destroyed and said Warrant No. 8818 has not been presented in the Office of the County Treasurer of Weld County, Colorado; and WHEREAS, satisfactory affidavit and bonds necessary to indemnify and hold Weld County harmless on account of alleged loss of orginal warrant have been filed in the Office of the Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners Weld County, Colorado, that the aforementioned duplicate Aid to the Needy Disabled Warrant No. 8818 in the amount of $45.00 be issued in favor of Abel C. Trevino. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: ���ctt /$-,A Ll (Z-Ze `.) • /// 727 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO March 8, 1972 NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be he'd in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Lard Use Permit are requested to attend and may be heard. BE IT ALSC KNOWN that the text and maps so certified by the Weld County Plannir.:- Commission may be examined in the Office of The Board of County Commissioners. Wpid County Court House, Greeley, Colorado. Docket No. 11 Richard L. Humphreys Route 1, Box 82 H La Salle, Colorado Date: April 10, 1972 Time: 101420 A.M. Request: Land Use Permit, Hog Farm Lots Nine (9) and Ten (10) , Milton Lake Estates, First Filing, a subdivision located in Section Twelve (12) , Township Three (3) North, Range sixty-five (65) West of the Sixth P.M. , Weld County, Colorado. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: March 8, 1972 Publish: Greeley Booster March 10, 1972 and March 31, 1972 1,3 NOT1l L Pursuant to the zoning laws of the State of Colorado, a public hearing w '.l be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and Inay be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Orrice of The Board of County Commissioners, Weis; County Court House, Greeley, Colorado. Docket No. 15 Kenneth L. & Audrey J. Anderson 2871 North 107th Street Lafayette, Colorado • Date: April 10, 1972 '_1:20 A.M. Request: Land Use Permit, Log Kennel The East 330.00 feet of the NN4 of the NE4 of Section 19, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado THE BOARD OF COUNTY COMMISSIONERS 'HELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD March 8, 1972 Greeley Booster March 10, 1972 and March 31, 1972 NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Office of The Board of County Commissioners, Weld County Court House, Greeley, Colorado. Docket No. 10 Rhinie A. Miller Route 1, Box 167 Greeley, Colorado Date: April 10, 1972 Time: 10:10 A.M. Request: Land Use Permit, Expansion of Cattle Feeding Operation South 2 of the Northeast a of the Northeast 4 of the Southeast , Section 29, Township E North, Range 64 West, Weld County, Colorado, West of the 6th P.M. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: March 8, 197n Publish: Greeley Booster March 10, 1972 and March 31, 1972 U NOTICE 1 Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Plannino_ Commission may be examined in the Office of The Board of County Commissioners, Weld County Court House, Greeley, Colorado. Docket No. 14 J. R. Hasbro uch Ault, Colorado Date: April 10, 1972 Time: 11: 10 A.M. Request: Land Use Permit, Feedlot Expansion N-il-SiNW4 Section 18, Township 7 North, Range 65 West of the 6th F .M. , 40 acres more or less THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: March S, 1972 Publish: Greeley Booster March 10, 1972 and March 31, 1972 i NOTICE Pursuant to the zoning laws of the State of Colorado, a public nearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and mops so certified by the Weld County Plannincl Commission may be examined in the Office of The Board of County Commissioners, Weld County Court House, Greeley, Color, dc. Docket No. 13 Double 8 Land Corporation G. Preston Williams Ault, Colorado Date: April 10, 1972 Time: 11:00 A.M. Request: Land Use Permit, Enlarge corral space for feed lot Wh NW4-SW Ni Section 17, Township 7 North, Range 65 West of the 6th P.M. , 10 acres more or less. THE BOARD OF COUNTY COMMISSIONER;, WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: March 8, 1972 Publish: Greeley Booster March 10, 1972 and March 31, 1972 • t:13 s • • NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld t;cunty Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the following proposed Change of Zone are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the County Planning Commission may be examined in the Office of The Board of County Commissioners, Weld County Court House, Greeley, Colorado. Docket No. 12 Joe Abeyta Firestone, Colorado Date: April 10, 1972 Time: 10:30 A.M. Request: Change of Zone,"A" Agricultural to "H" (High density residerM al) A part of the Southwest Quarter (SW ) of Section 30, Township 2 North, Range 67 West of the Eth P.M. , Weld County, Colorado, more particularly described as the East 350 feet of the South 245 feet of Block D Abeytas Replat Evans Addition (Evanston) , Weld County, Colorado, and a portion of Block D Evans Addition (Evanston) , Weld County, 2olorado, and more particularly described as follows: Beginning at the Northeast Corner of Abeyta Replat of a part of Block D, Evans Addition (Evanston) , Weld County, Colorado, thence North along the East line of said Block D a distance of 30 feet; thence West and parallel to the North line of said Abeyta Replat, a distance of 400 feet to the West line of said Block D, thence South alone the West line of Block D a distance of 30 feet to a point; thence East along the North line of Abeyta Replat a distance of 400 feet to the point of beginning. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: March 8, 1972 Publish: The Greeley Eooster Marc:. 10, 1972 and March 31, 1972 NOTICE Pursuant to the zoning laws of the State of Colorado, a public hearing will be held in the Office of The Board of County Commissioners of Weld County, Colorado, Weld County Court House, Greeley, Colorado, at the time specified. All persons in any manner interested in the Land Use Permit are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the Office of The reard of County Commissioners, Weld County Court House, Greeley, Colorado. Docket No. 9 Delbert and Barbara Henry cjo G. Frank Smith, Agent 360 E. 8th Street Greeley, Colorado Date: April 10, 1972 Time: 10:00 A.M. Request: Land Use Perm t, Construction of dairy barn and corrals NiNd4 Section 34, Township 8 North, Range 65 West of the 6th P.M. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD Dated: t..arch 8, 1972 Publish: Greeley Booster L"arch 10, 1972 and March 31, 1972 . .i() _ ISSUE FERMENTED MALT BEVERAGE LICENSE NUMBER 72-7A TO CARL W. MAAG dba DEARFIELD SERVICE EXPIRES MARCH 12, 1973: WHEREAS, Carl W. Maag dba Dearfield Service of Weld County, Colorado, has presented to the Board of County Commissioners of Weld County an application for a retail license for the sale of 3.2% beer only, and WHEREAS, the said applicant having paid to the County Treasurer the sum of fifty dollars ($50.00) therefore, and having produced a state retail license for the sale of 3.2% beer only, outside the corporate limits of any town or city in the County of Weld, at the location described as follows : Block 4, Dearfield, Townsite and Settlement, located in Section 30, Township 4 North, Range 61 West of the 6th P. M. according to the amended map or plat, thereof,subject to 20 foot alley previously reserved as set forth of record. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that having examined said application and the other qualifications of the applicant, they do hereby grant License Number 72-7 to said applicant to sell 3.2% beer only at retail at said place, and do hereby authorize and direct the issuance of said license by the Chairman of the Board, attested by the County Clerk, good for one year from the date of issue unless revoked, according to law, provided, however, that said license shall be issued upon the express condition and agreement that the place where licensee is authorized to sell beer under said license will be conducted in strict conformity to all laws of the State of Colorado and rules and regulations relating thereto hereto fore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: re, • , • • THE BOARD OF COU Y COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 8, 1972 There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. CL- :;s/2-L, 7:WV COUNTY CLERK Levi- �- CHAIRMAN By: 1, �r.�' >�, Deputy County Clerk GREELEY, COLORADO, MONDAY, MARCH 13, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 8th instant were read, and there being no corrections or objections thereto, same were ordered approved. The following hearings were heard: - . - ,11_ March 13, 1972 I hereby certify that pursuant to a notice dated February 9, 1972, duly published February 11 and March 3, 1972, a public hearing was had on a request for a Land Use Permit as requested by A. T. Werner and Elaine Werner, at the time and place specified in said notice. A motion was made and seconded to grant said request. The County Attorney was ordered to draw the proper resolution. ATTEST: Y : , ��LL!�r�u.L, �%� COUNTY CLERK AgD RECORDER CHAIRMAN AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO March 13, 1972 I hereby certify that pursuant to a notice dated February 9, 1972, duly published February 11 and March 3, 1972, a public hearing was had on a request for a Land Use Permit as requested by Clyde Barber, at the time and place specified in said notice. A motion was made and seconded to deny said request. The County Attorney was ordered to draw the proper resolution. �// / ATTEST: :-:?: h! _ :' ✓ E." ':, A � .t �, • :� _� COUNTY CLERK OD RECORDER CHAIRMAN � AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO March 13, 1972 I hereby certify that oursuant to a notice dated February 9, 1972, duly published February 11 and March 3, 1972, a public hearing was had on a request for a Land Use Permit as requested by Arnold B. Gurtler, at the time and place specified in said notice. A motion was made and seconded to grant said request. The County Attorney was ordered to draw the proper resolution. ATTEST: = fl .• LLz ' COUNTY CLERK AND RECORDER CKA RMAN AND CLERK TO THE BOARD BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. • • • ^ COUNTY CLERK j �f /_ t' CHAIRMAN (_J , By: _ Deputy County Clerk GREELEY, COLORADO, WEDNESDAY,_ MARCH 15, 1972 A regular meeting was held by the Board of County Commissioners of Weld County, Colorado, at 10:00 o'clock A. M. , with the following present: GLENN K. BILLINGS COMMISSIONER HARRY S. ASHLEY COMMISSIONER MARSHALL H. ANDERSON COMMISSIONER ' ANN SPOMER COUNTY CLERK SAMUEL S. TELEP COUNTY ATTORNEY The minutes of the 13th instant were read, and there being no corrections or objections thereto, same were ordered approved. The following resolutions were presented: 1.12 _ _ ... . ._ . _. NOTICE C PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO, HAVE RECEIVED AN APPLICATION DATED MARCH 15, 1972, FROM JAMES R. SEERY AND MARLENE A. SEERY OF AULT, COLORADO, dba SEERY'S GROCERY LOCATED AT 301 FIRST STREET, AULT, COLORADO, REQUESTING AN APPLICATION FOR A RETAIL FERMENTED MALT BEVERAGE LICENSE FOR THE SALE OF FERMENTED MALT BEVERAGE (3.2% beer) FOR CONSUMPTION OFF THE PREMISES, SAID PREMISES MORE PARTICULARY DESCRIBED AS FOLLOWS: Part of the Southwest Quarter of Section 12, Township 7 North, Range 66 West of the 6th P. M., Weld County, Colorado, beginning 380 feet East of the Southeast corner of Lot 1 Block 6 First Addition to the Town of Ault, North 125 feet, East 50 feet, south 125 feet, Mest 50 feet to the place of beginning. THE HEARING ON SAID LICENSE WILL BE HELD IN THE COUNTY COMMISSIONERS OFFICE, SECOND FLOOR OF THE WELD COUNTY COURT HOUSE, GREELEY, COLORADO, ON WEDNESDAY APRIL 19, 1972, AT THE HOUR OF 2:00 P. M. O'CLOCK. THE BOARD OF :AUNTY COMMISSIONERS ,HELD COUNTY, COLORADO BY: ANN SPOMER COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD DATED: MARCH 15, 1972 Publish in the Greeley Booster March 17th and April 7,1972 AUTHORIZE COUNTY TREASURER TO DISTRIBUTE FUNDS RECEIVED UNDER BANKHEA.D-JONES FARM TENANT ACT: WHEREAS, the County Treasurer, Francis M. Loustalet, has received a check in the amount of $32,825.30 representing net revenue due Weld County for the calendar year, 1971, from government-owned lands administered by the Forest Service under provision of Title Three of the Bankhead-Jones Farm Tenant Act, said Act provides these payments of condition that they be used for school or road purposes or both: NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that the County Treasurer, Francis M. Loustalet, le and he is hereby authorized to distribute funds in the amount of $32,825.30, received under provisions of the aforementioned Bankhead-Jones Act, to the special school fund to be used for school purposes. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES J , 1, , l / /i„ / THE BOARD OF COUNTY CMISSIONERS WELD COUNTY, COLORADO Dated: March 15, 1972 • — mom - • 113 I RESOLUTION RE: AGREEMENT BETWEEN WELD COUNTY AND PACIFIC MUTUAL LIFE INSURANCE COMPANY. WHEREAS, Pacific Mutual Life Insurance Company has submitted a proposal for group insurance, Policy No. 8864, covering the employees of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, Weld County, Colorado, believes it to be in the best interests of the County to accept the proposed group insurance covering its County employees and to enter into such an agreement on the basis recited therein, NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the agreement submitted by Pacific Mutual Life Insurance Company providing insurance coverage for County employees in accordance with Policy No. 8864 as submitted, copy of which is attached hereto and made a part hereof by reference, be, and it hereby is approved. BE IT FURTHER RESOLVED, that the Board be, and it hereby is, authorized to execute the agreement as submitted and to make the same effective forthwith. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of March, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: • CM4st Cleric4of the Board )7,',,4/ L te:A.,,— Deputy County Clerk APPROV D AS TO FORM: i�` • / /A ( t-' _ -,/ County Attorney l _.7`1 TO SIGN LEASE WITH UNION PACIFIC RAILROAD COMPANY FOR DISTRICT NUMBER TWO C. D. NUMBER 5502 - 5502J: WHEREAS, the Union Pacific Railroad Company has tenda:•ed to Weld County, Colorado, a lease extending to and including May 31, 1977, the term of said lease supersedes that of a certain lease dated July 1, 1927, wherein the Union Pacific Railroad Company leased to Weld County, Colorado, a certain portion of the right of way of the railroad company St. Vrain, Weld County, Colorado, for highway purposes said agreement being identified as Union Pacific Railroad Company C. D. Number 5502-J, and WHEREAS, the Board of County Commissioners of Weld Cour.;,i, Colorado, has considered cu7 �Fully said agreement and believes it to be in the best interests of the County to accept said agreement. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that the terms of the agreement submitted by the Union Pacific Railroad Company be and the same is hereby accepted. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: • AYES: /THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 15, 1972 DUPLICATE A.D.C.-U. WARRANT N0. 27785 ISSUED TO CORY MATTHEWS WHEREAS, Aid to Dependent Children, Unemployed Fathers, Warrant No. 27;'85, dated January 20, 1972, in the amount of One Hundred Ninety Six Dollars, ($19(,.00) , has been misplaced, lost or destroyed and said Warrant NIo. 27785 has not been presented in the Office of the County Treasurer of Weld County, Colorado; and WHEREAS, satisfactory affidavit and bonds necessary to indemnify and hold Weld County harmless on account of alleged loss of original warrant have been filed in the Office of the Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners Weld County, Colorado, that the aforementioned duplicate Aid to Dependent Children, Unemployed Fathers, Warrant No. 27785 in the amount of $196.00 ke issued in favor of Cory Matthews. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: • c AYES: y. , -,\ / / THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -arch 15, 1972 R RESOLUTION WHEREAS, the Weld County Board of County Commissioners, sitting as the Board of Public Welfare of Weld County, recognizes the R need for the establishment of an Advisory Committee to the Weld County • Department of Public Welfare, and E WI-IEREAS, the said Board of County Commissioners believes that the creation of such Advisory Committee to the Weld County Department r of Public Welfare would facilitate and expedite a coordinated, efficient and economical eligibility evaluation of applicants and recipients of Public Welfare assistance, and would facilitate the maintenance of an effective social service program that would reduce dependency on public assistance and better assist those disabled and aged, thereby promoting the health and general welfare of the inhabitants of Weld County, and WHEREAS, said Board of County Commissioners believes that such an Advisory Committee would materially assist and aid the said Department of Public Welfare in the total administration in its program of public assistance; NOW, THEREFORE, BE IT RESOLVED: 1. That there be and is hereby created "Advisory Committee to the Weld County Department of Public Welfare". 2. That the functions and duties of this Advisory Committee are to assist and advise the Weld County Department of Public Welfare to obtain and maintain the following purposes: a. To render consultative assistance to the Public Welfare Department having to do with its program of Public Welfare assistance generally and in the study of social and economic problems affecting • welfare recipients. b. To provide consultative and advisory services to the Weld County Department of Public ,Welfare. 3. That the said Advisory Committee to the Department of Public a Welfare shall consist of not less than nine (9) and not more than twelve (12) members to be appointed by the Weld County Board of County Commissioners of Weld County, Colorado, in the first instance by this Resolution, and thereafter as hereinafter provided. 4. That the members of the Advisory Committee to the Weld County Department of Public Welfare for the year 1972, and until their successors shall be appointed, as hereinafter provided, shall be: • .1.i` Mr. Wes Sargent, 2429 Sunset Lane, Greeley, Colo. 80631 Mr. Lynn Pitcher, Route 2, Eaton, Colo. 80615 Mr. Carl Leffler, Route 2, Box 186, Greeley, Colo. 80631 Mr. Charles Smith, 1249 Wilshire Avenue, Greeley, Colo. 80631 Mr. Manuel Torrez, 2408-25 Street Road, Greeley, Colo. 80631 Mr. Dewey Zabka, 1860-21 Avenue, Greeley, Colo. 80631 Mrs. Kathleen Hart, Route 1, Box 166, Ault, Colo. 80610 Mrs. Irene Sena, Route 2, Box 123, Fort Lupton, Colo. 80621 Mr. Guy Knox, 1717-5 Street, Greeley, Colo. 80631 5. That the following named members to the Advisory Committee of the Weld County Department of Public Welfare shall serve a term of one (1) year during the calendar year of 1972, and until their successors are appointed: Mr. Lynn Pitcher, Route 2, Eaton, Colo. 80615 Mr. Carl I,effler, Route 2, Box 186, Greeley, Colo. 80631 Mrs. Irene Sena, Route 2, Box 123, Fort Lupton, Colo. 80621 6. That the following members of the Advisory Committee to the Weld County Department of Public Welfare shall serve a term of two (2) years during the calendar years of 1972 and 1973, and until their successors are appointed: Mr. Charles Smith, 1249 Wilshire Avenue, Greeley, Colo. 80631 Mr. Dewey Zabka, 1860-21 Avenue, Greeley, Colo. 80631 Mr. Guy Knox, 1717-5 Street, Greeley, Colo. 80631 7. That the following members of the Advisory Committee to the Weld County Department of Public Welfare shall serve a term of three (3) years during the calendar years of 1972, 1973 and 1974, and until their successors are appointed: Mr. Wes Sargent, 2429 Sunset Lane, Greeley, Colo. 80631 Mr. Manuel Torrez, 2408-25 Street Road, Greeley, Colo. 80631 Mrs. Kathleen Hart, Route 1, Box 166, Ault, Colo. 80610 8. That the term of office of each member to the Advisory Committee to the Weld County Department of Public Welfare after the first appointments aforesaid shall be for a term of three (3) ,years. 9. That the Advisory Committee to the Department of Public Welfare shall hold at least four regular meetings each year on a quarterly basis, with the first meeting of each year to be held before January 31st of each year. 10. That at the first quarterly meeting of the Advisory Committee to the Weld County Department of Public Welfare during each calendar year, the members of said Committee shall elect its officers as provided for by the By-Laws of said Advisory Committee. 11. That at the last quarterly meeting of each calendar year, the members of the Advisory Committee shall nominate and recommend three (3) qualified residents of Weld County, Colorado, to serve as members of the said Committee replacing the three (3) members whose terms are expiring. The names of the three (3) persons so recommended shall be submitted to the Board of County Commissioners of Weld County prior to January 1st of the year following their selection, and if approved by the said Board of County Commissioners, shall become members of the Advisory Committee to the Weld County Department of Public Welfare; however, recipient representation of not less than one-third (1/3rd) shall be maintained on the Advisory Committee at all times. In the event that any one or more of said persons so recommended shall be unacceptable to the said Board of County Commissioners, the Board of County Commissioners shall appoint some other qualified resident of Weld County to serve in that capacity. 12. In the event of a vacancy among the members of the Advisory Committee, the members of said Committee shall recommend a qualified resident of Weld County to fill said vacancy subject to the approval and appointment thereof by the Board of County Commissioners of Weld County; however, recipient representation of one-third (1/3rd) of the Committee shall be maintained. Any member of the Advisory Committee may be removed by the Board of County Commissioners of Weld County upon recommendation to it by the members of the Advisory Committee pursuant to By-Laws adopted by it. 13. That all expenses incurred by the said Advisory Committee shall be paid in accordance with existent state and county policies as pro- vided by law. 14. That the Advisory Committee to the Weld County Department of Public Welfare may adopt such By-Laws for the transaction of its business as it deems necessary and shall keep a record of its resolutions, -4- 118 transactions, findings and determinations, which record shall be a public record. 15. That the members of said Advisory Committee to the Department of Public Welfare of Weld County shall serve at the pleasure of the I3oard of County Commissioners; that they shall serve without compensation and that any member thereof may be removed by the 13oard of County Commissioners for non-performance of duty or mis- i conduct. The above and foregoing Resolution was, on motion duly made and seconded, adopted this 15th day of March, A. D. , 1972, nuns pro t tune as of January 1, 1972. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 7P� J <<' ,< ( ,.1 i , , ATTEST: Clezi of the Woard By: ' 7.27_ ,7),-/ Deputy County Clerk APPROVED AS TQ FORM: County Attorney/ APPRECIATION OF SERVICES RENDERED LEONARD BARTELS WELD COUNTY PLANNING COMMISSION: WHEREAS, Leonard Bartels was appointed to serve as a member of the Weld County Planning Commission on, April 21, 1965, and WHEREAS, Mr. Bartels has served with distinction and by his wise counsel and his pratical experience has contributed greatly to the Weld County Planning Commission and to the taxpayers of Weld County. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that the Board hereby express their appreciation to Leonard Bartels as a member of the Weld County Planning Commission. The above and foregoing resolution was, on motion duly made and duly seconded, adowts-1 ':)y the following vote: AYES: _. /1"-- ,.10- )(A (. y / G/t4 f THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 15, 1972 ' .99 DEDICATION OF PERPETUAL RIGHTS-OF-WAYS NORTHMOOR ACRES SUBDIVISION SECOND FILING: SECTION 24, TOWNSHIP 4 NORTH, RANGE 68 WEST: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual rights-of- way over the public roads, streets, highways, and easements in behalf of the public in Northmoor Acres Subdivision, Second Filing, being a subdivision more particularly described as follows: Beginning at the South Quarter corner of Section 24, Township 4 North, Range 68 West of the 6th Principal Meridian in the County of Weld, State of Colorado; thence along the South line of said Section South 89" 33' 13" West 879.80 feet; thence North 0° 32' 47" West 980.00 feet; thence South 89° 33' 13" West 400.00 feet; thence South 0° 32' 47" East 570.00 feet to the Northeast corner of Lot 12, Block 1 of Northmoor Acres Subdivision; thence along the North line of said Lot 12 South 89c 33' 13" West, 79.95 feet to the Easterly line of said Subdivision; thence along said Easterly line the follow- ing courses and distances: North 0° 26' 47" West 865.00 feet; thence North 27° 11' 50" West 837.63 feet; thence West 892.79 feet to the West line of said Section; thence along said West line North 1964.81 feet to the North line of the South Half of the Northwest Quarter of said Section; thence along said North line North 89, 54' 13" East 2649.66 feet to the East line of the West Half of said Section; thence along said East line South 0° 03' 08" West 3978.63 feet to the point of beginning. ( 176.41 Acres) and BE IT RESOLVED, that the accompanying plat is approved for filing and the public roads, streets, highways and easements thereon shown are approved, provided, however, that the County of Weld will not undertake maintenance of said streets, roads, and rights-of-way until they have been constructed by the subdivider according to specifications and accepted by the County of Weld ; and BE IT STILL FURTHER RESOLVED, that the subdivider shall and has furnished a demand note in the amount of $58,369.50 and signed subdivision agreement as required. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES /S • rt, / -- TNt BOARD OF COU OEM USSIONERS WELD COUNTY, COLORADO Dated: March 15, 1972 DUPLICATE 0. A P. WARRANT N0. 35516 HAZEL KOMMA WHEREAS, Old Age Pension Warrant No. 3551E , dated November 19, 1971, in the amount of One Hundred Forty Two Dollars ($142.00` , has been misplaced, lost or destroyed and said Warrant No. 35516 has not keen presented in the Uffice of the County Treasurer of Weld County, Colorado; and 1VEREAS, satisfactory affidavit and bonds necessary to indemnify and hold Weld County harmless on account of alleged loss of original warrant have been filed in the Office of the Board of County Commissioners; NOW, THEREFORE, FE IT RESOLVED, by the Poard of County Commissioners Weld County, Colorado, that the aformentioned duplicate Old Age Pension Warrant No. 17673 in the amount of $142.00 be issued in favor of Hazel Komma. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: �� C` . - 4 4« „ • � • THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO March 15, 1972 _ SUBDIVISION AGREEMENT Y. THIS AGREEMENT , made and entered into this day of t F March 1972 by and between the County o e Colorado , T hereinafter called—vCounty" , and Northmoor Realty and Development Co . hereinafter called "Subdivider" . . g WITNESSETH : under contract WHEREAS , Subdivider is the owner /of the following described property in the County of Weld , Colorado : Southwest=quarter (SW4) and South-half (S1/2) of the Northwest- quarter (NW4) of Section 24 , Township 4 North , Range 68 West , except that portion owned by John James Dunn and Marian T. Dunn , and except Northmoor Acres First Filing . and except tract on North to be deeded to charlPc (1_ Burch and Charlotte E . Burch . WHEREAS , a final plat of said property , known as NORTHMOOR ACRES , 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 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 it ' s its own expense all engineering services in connection with the design and construction of the subdivision improvements described and detailed on Exhibit "A" , attached hereto and made a part thereof. 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 nec- essary 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 6 construction cost to the County. 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 and easements on all lands and facilities traversed by the proposed improvements . All such rights-of-way and easements shall be con- veyed to the County and the documents of conveyance shall be furn- ished to the County for recording . 3 . Construction : Subdivider shall furnish and install , at its own expense , the subdivision improvements described and de- tailed 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 speci - fications adopted by the County for public works projects . Whenever a subdivision is proposed within three miles of an incorporated community located in the County or loc- ated 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 corp- orate limits of that community. If the incorporated community has not adopted such requirements and standards at the time a subdivision is proposed , the requirements . z v r-q • and standards of the County shall be adhered to . If both the incorporated community and the County have require- ments 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 construct- ion 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 Subdivid- ers 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 Subdividers expense. 3 . 4 The Subdivider shall furnish proof that proper arrangements have been made for the installation of san- itary sewer , gas , electric , water 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 agree- ment . The Board of County Commissioners , at its option may grant extension of time of completion upon apolica- tion 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 of said construction , and pay any and all judgments rend- ered 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 insur- ance and public liability insurance 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 accord- ing to the terms of this Agreement , the improvements shall be accept- ed by the County Commissioners after written approval is received by it from its duly authorized inspecting agent . Upon such acceptance of Subdivision , all assignable improvements shall automatically be- come public facilities and the property of the County . 5 . 1 If desired by the County , portions of the improve- ments may be placed in service when completed , but such use and operation shall not constitute and acceptance of said portions . 5 . 2 The County may , at its option , issue buildina per- mits 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 im- provements throughout the development is satisfactory to the County ; and all terms of this agreement have been faithfully kept by Subdivider . 6 . Maintenance : During a period of one year from and after the final acceptance of the subdivision improvements , th.e Subdivider shall , at its opn expense , make all needed repairs or replacements due to defective materials or workmanship which , in the opinion of the County , shall become necessary. If , within ten days the Subdivider ' s receipt of written notice from the County requesting such repairs or replacements , the Subdivider shall not have undertaken with due dili - gence 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 de- posit , or 2 ) Bank letter of credit , or 3 ) " Subdivision Bond " issued by surety company authorized to do business in the State of Colorado or 4 ) Demand Note signed by qualified obligors and acceptable to the Roard of County Commissioners . 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 . IN WITNESS WHEREOF , the parties hereto have caused this agreement to be executed on the day and year first written above . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO , --)1(it/ 174/k cr-) )416 ,' /V ATTEST : ; ��fiytH✓� Clerk of the oard �7 f�wt;w ��!�e►„�t?^�ufy County Cork l APPROVED AS TO -FORK: - --- -- County Attorney NORTHMOOR REALTY AND DEVELOPME 4T CORPORATION (Subdivider) 4 (Titl,e ) ATT T • (Tile ) TREASURER % S�hdl✓1�er' DEDICATION OF PERPETUAL RIGHTS-OF-WAYS COLLEGE GREEN SUBDIVISION FIRST FILING: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that it does hereby approve the dedication of the perpetual rights-of- way over the public roads, streets, highways, and easements in behalf of the public in College Green subdivision, First Filing, being a subdivision located in the West Half of the Southwest Quarter (W2 SW-.14) of Section 11, Township 5 North, Range 66 West of the Sixth -rincipal Meridian, Weld County, Colorado, and being more particularly described as follows: Commencing at the West Quarter Corner (W4) of said Section 11, and considering the West line of the Southwest Quarter (SW-14-) of said Section 11 to bear South 00° 05' 10" West and with all other bearings contained herein being relative thereto: Thence South 00° 05' 10" West along the West line of the Southwest Quarter (SW4) of Section 11, 340.00 feet to the true point of Beginning; Thence North 88° 07' 48" East, 700.00 feet; thence North 00° 05' 10" East, 340.00 feet; thence North 88° 07' 48" East 370.00 feet; thence South 00°05' 10" West, 1,290.86 feet; thence along the arc of a non-tangent curve to the right having a radius of 1,260.00 feet and a chord that bears North 84° 50' 00" West, 259.8 ' feet; thence North 78° 54' 50" West, 440.54 feet; thence along the arc of a non-tangent curve to the left having a radius 940.00 feet and a chord that bears N 84° 24' 50" W 180.38 feet; thence N 89° 54' 50" W 148.71; thence N 00° 05' 10" E 1.0 feet; Thence N 89° 54' 50" W 50.00 feet to the West line of the said Southwest Quarter; thence North 00° 05' 10" East along the West line of said Southwest Quarter 789.00 feet to the True Point of Beginning. Said tract of land contains 20.014 acres and is subject to any Rights-of-way and Easements as now of. and BE IT RESOLVED, that the accompanying plat is approved for filing and the public roads, streets, highways and easements thereon shown are approved, provided, however, that the County of Weld will not undertake maintenance of said streets, roads, and rights-of-way until they have been constructed by the subdivider according to specifications and accepted by the County of Weld; and • i 1 BE IT STILL FURTHER RESOLVED, that the subdivider shall furnish a demand note in the amount of $9,614.00 in lieu of a bond as recommended by the Weld County Planning Commission. The above and foregoing resolution was, on motion duly made and seconded adopted by the following vote: AYES ..<� I� A ej��� t . J Lt �_�l, L. , / THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dated: "larch 15, 1972 SUBDIVISION AGREEI/IENT ThIS AGREEMENT, made and entered into this 19th day of J'arillary, 1972 by and between the County o: Weld, Colorado, hereinafter called "County", and College Green Gardens Inc, of Creeloy Colo- rade . hereinafter called "Subdivider". WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: See Attached Exhibit ',Au WHEREAS, a final plat of said property, known as Colle_ge C-reen-First 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 I unless the subdivider shall have entered into a written agreement with the County to install certain improvements; NOW, THEREFORE, in consideration of the foregoing and the acceptance and approval of said final plat, the parties hereto promise, 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- structioci contract. Before acceptance of the installed improvements, Subdivider shall furnish one set of repro- I ducible "as-built" drawings and a final statement of !� construction cost to the County. I l - 1 - f` f i_501 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 t 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 t 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 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. ' 1.r-.5 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 " t. 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 i inal 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) 13an1: 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 I3oard 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. I 8. Successors and Assigns: This agreement shall be binding upon the heirs, executors, personal representatives, successors, and assigns o£ 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. i IN WITNESS WEEREOP, 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 V�K1'e//: �e/L-.7, 7 ' - L ,,i •: ��,- t �`,1 I, 7 / /,: . ATTEST: . (��i . Kier' ,of thev„. rl _�����-.mss ( .i" '2�'�--fl:�"�!y `oun:y Clerk APPROVED AS T FORM: ---), '/:: , c r/ , /( k ouunty Attorne •• l , • . (Sidivider) . . • BY:, _. i, /. i._. • j, . c . . .. (Title) ' , , . AA T'111,ST: : /' i� t CI. Ll eft•tl,1 lee..-€44:-t� (Title) , ,-/ ." . L . . 1.!4; ... _ - y... �..� . .. _ ' .a 4 ;Will r. 1 11('`. ti\(►11 11.1. VI..\ I{1 HIFSK PRFSF:\TS: n : it;ned• l'uI,I.F.I I;RF,F.\ t, u:; r \` I\I' . u Colorado 1'orl , , : ' a If I . 0 tier: of that 'Owl situated in the Yount ) a Acid. cf,lnrado, more par . I •Irly deserlhed as ree(77 j,l • : ' lotions: , 11 the Sauthveit Qunrt,•r f1 , sif, l 0 Sect inn 11 , k 1 tam / f,j landort . lia p.e in theges NIft ;. ` ;th Principal 11�'r ►dror Nel,! luuntl', rolorada, ('nr,nsh71, i \.stir. I;nn y;,' (iN Rrzl of 1 ;;.' n 1 ! 'dose,- thed as tnliou4 : and hr'tn^, r•', • ,1rtlr'n!al so id Sect ion and on.s Ihr Nr, 1 s I'nmmrnt thjv u1 the e•t fiart Quarter 1 f,,, r t said 11 to heir soot '. (40°0;110"M", (Intl 1 ;r,r' nJ the �„rrlltur+•l ,lunrter I �Kr,l of , ;stir all oe1,'I 1"'art; ,. - r•oatalned herein being relative thereto: nj tir('t (all 11 , I I ;,•a `„ rf ' Irl° l� ' lfrjlNr.1 nlnR fhr IVl`°t l in' of the Sous ir ,'s� 11wF��r�r (�I)!(OU l( Ct : t!rc'nr.r i , • „ 1 ,r ti ,o' point of Beginning: l enco \tthF,'�t07( 1hl),1 loci :• .00 ' South: t en 111°e. 111rIN.'r 1 . 1111,I/U I ('C1 !heeler North 1'i,K 11 i 1 ti .) ' n, ' ,‘.' 1 . _,rll) . tili lee! ; t hence many; the are of a non- tangent curt to the right uat ing Nl° IIIIX)'IN,••f . '1;4 ,J;; 1rrl ; t hence i '7 rn(i 1 ( 0 .00 fret and. (r ( hard that r hears \orth r ' , 7 curve In the !n11 rel ; thence lore the a►r n a non- I((rtl,en ` .1ri1 , ; .o ,' ".f)" 1�ect . , iO , .rl 1 , ' - « 11 Y/ (./ t Ihrrrer. heat _ r� it 10.0f, 1cot add u , !lord Ihat hear \ ,t10_ t oil 1„ 1 . ;� 1 • ref 1n the Nrvl �o° -, I �' 1 is . 7 1 Thence \. 00°t) ,' It)° F- 1.0 feet ; Thence \, r,(t , 1 ,n ►‘. ,t, . oft �' Fa� f rllr',ft the NeFt l iNr' r,j cOitl ; „f, , f . r . ,/ •erutl' tiost Quaricr; thence North 00 01 !tl ,1111 feet to the Tau,' Point of reginnrr, g. 'ir ^'f'C1 (pallet X11 t 1 *." ,I i . 1 ,. 1 e,J Ire"e1 ,. ; a ns ',1),011 e,, r .•. and I • suhier'1 In nn , "h' • -" 1"" !11111 Fm$('71!'111 ' 'Ihr!, . surd I1)I.I•F.fd- ' flEl,\ 1; 1R DV\ti, 1\C. hers c a^:rd the •a 'rl retrl "',,r , rt \ le he turd and •,•rr. ed as rfil I FI;F I;RFF:\ Fl RS•1 VII, I \tf• 11cichl Ilf'tllt'll ,'. fired t • ,t; �r I al e,� the street , h,;t ,:r %•1 e'ULI.F:I,F hF:f:\ , 1RI►E1C. I\�•. , ,,I ;e �rlr('rl+r 11nJ ho , on f to• i7; a omtrf.'r, rr• plat to the r,., „t th, I 1" � r ! her j,111,11( areas : c ' , 1, �e ,I� easements or'clrr'at('N tl1OR(' (,nrll(,IIS uJ eUlfl reel! 11rr,pe'rll 1111 ( /1 Uri' t ('l• ",'r ( 1 d' rrrrint('llan, e o; 1'rlhlle nffl7l/e�. -pattltnfr plc' as easements for the installation and he rrl Ir'e t u irlr: n1 .(' rtn% u(!ti „ rncr^r('nfs re III r , f i7 . ,'er rmrnt r. •l'or n me fe' _ t he y�rarttrd se ! r: said tract n! r"el "n y•, ; r • ,! e►1 .r 1 uf(•r dale for the tit/►(,":,. n; R � (. r 7. •r(, . ,, hr ;, '. ►eh1 Lill'r.. 1 lost or inconvenience to the atit ? 1 ‘ eompan% inuotte' l. ! r ,, .iheru Ire! ,llhlir use Iore•rer here,itler the mn•f do di fill' and errnl ('1 try and fnr ► poi I j� l ,1.. ' �entrd Winn, 1" �r'I'f t'.11 t'1►I n u) f f rltt'1 r,•J ,r11 � '„� ^roct sun111er1)� 1_l .111) 1 I Ill rr+ ' e'r , Iroundarl le, he dedicated nn,l , ,,'c�e ,rd r„ fhr. o,., net r , heel : ., , hr f'r ll ,lt e, r c-x�/ice i7.. ell • ,. 1 . h. Irrre',7•,l„ ,', r hr• 1 Ihis da‘ of, 1. 0. . 1y-.,. i,` • 'is lieu f • , . 'dent o c 1111,I,F:I;F: f;lafT\ f. 1f ' t\ . I \' . - ' ,1. f ............ ili • !rd r' .cad het irl . .�"�- that the come in correct to the he's/ „1 f r'' �' . » • , 'f. ' I ,.f4fdain It , I_&2 Engineer c. Ih�rs 11. \ Jr /wig, Registered Professional + • + � �� l-- --(�'r(! I.rtnd tiurrr�nr . 1'nlo. Rrtt• , 1111• - • i`l j . , , • .• - - 10 t There being no further business for the day, a recess was ordered taken to a future date, subject to call of the Chairman. COUNTY CLERK i---- , -,6/ C.:-----7-• CHAIRMAN BY: ! ,,1 '1,1/.4 Deputy County Clerk Hello