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Home My WebLink About720618 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 LA KE ARROWHEAD, INC. hereinafter called "Subdivider". WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: See Exhibit attached hereto and by reference made a part hereof. WHEREAS, a final plat of said property, known as ARROWHEAD FOURTH FILING has been submitted to the County for approval; and WHEREAS, it is provided by resolution of the Board of County Commissioners, County of Weld, that no final plat shall be approved unless the subdivider shall have entered into a written agreement with the County to install certain 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- struction contract. Before acceptance of the installed improvements, Subdivider shall furnish one set of repro- ducible "as-built" drawings and a final statement of construction cost,to the County. - 1 - • 720618 LEGAL DESCRIPTION North Half (NZ) of Section 27, Township 5 North, Range 66 West of the 6th P. M. , Commencing at the Northwest Corner (NW Cor) of said Section 27, and considering the North Line of said Section 27 to bear South 89°48'40" East and with all other bearings contained herein being relative thereto: Thence South 89°48'40" East, along the North line of said Section 27, 420. 80 feet to the True Point of Beginning; Thence continuing South 89°48'40" East, along the North Line of said Section 27, 2,503. 26 feet; Thence South 64°00'00" West, 128. 21 feet; Thence along the outer boundary of Lake Arrowhead as platted and recorded in the records of Weld County, Colorado by the following seven (7) courses and distances: South 24°08'30" East, 194. 84 feet; North 47°00'00" East, 174. 24 feet; North 74°00'00" East, 220. 00 feet; South 90°00'00" East, 210. 00 feet; South 40°52'10" East, 154.67 feet; South 52°26'30" East, 210. 00 feet; South 05°53'00" East, 195. 00 feet to a point on the outer boundary of the VACATION AND REDEDICATION OF ARROWHEAD FIRST FILING as platted and recorded in the records of Weld County, Colorado; Thence along the outer boundary of said VACATION AND REDEDICATION OF ARROW- HEAD FIRST FILING by the following eight (8) courses and distances: South 49°32'30" West, 159.54 feet; Along the arc of a circular curve to the left having a radius of 255. 00 feet, and a chord that bears South 80°41'00" East, 246. 21 feet; South 70°27'00" West, 352. 74 feet; Along the arc of a circular curve to the left having a radius of 260. 00 feet and a chord that bears South 59°57'00" East, 94. 76 feet; South 49°27'00" West, 382.72 feet; Along the arc of a circular curve to the right having a radius of 170. 00 feet and chord that bears South 59°34'00" West, 59. 72 feet; South 69°41'00" West, 355.62 feet; South 20° 19'00" East, 942. 11 feet to a point on the outer boundary of ARROWHEAD SECOND FILING as platted and recorded in the records of Weld County, Colorado; Thence along the outer boundary of said ARROWHEAD SECOND FILING by the following seven (7) courses and distances: North 90°00'00" West, 346. 81 feet; North 83°12'50" West, 674. 72 feet; South 90°00'00" West, 860. 00 feet; North 00°00'00" West, 990. 00 feet; North 09°27'40" East, 60. 83 feet; South 90°00'00" West, 310. 00 feet; North 00°00'00" West, 887. 19 feet to the True Point of Beginning. Said tract of land contains 101. 75 acres. 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 onstruction 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 r.iay grant extension of time of completion upon application by Subdivide7. 4. Release of Liability: Subdivider shall indemnify and save harmless the County from any and all suits, actions, or claims of every nature and description caused by, arising from, or on account -2- of said construction, and pay any and all judgments rendered against the County on account of any such suit, action, or claim, together with all reasonable expenses and attorney's fees, incurred by County in defending such suit, action, or claim. All contractors and other employees engaged in construction of the improvements shall maintain adequate workmen's compensation insurance and public liability in- surance coverage. And shall operate in strict accordance with "Occupational Safety and Health Act, " and:or any regulations imposed by the Industrial Commission of the State of Colorado. 5. Acceptance: Upon completion of said construction according to the terms of this agreement, the improvements shall be accepted by the County after written approval is received by it from its duly authorized inspecting agent. Upon such acceptance of subdivision, all assignable improvements shall automatically become public facilities and the property of the County. 5. 1 If desired by the County, portions of the improvements may be placed in service when completed, but such use and operation shall not constitute an acceptance of said portions. 5. 2 The County may, at its option, issue building permits for construction on lots for which the subdivision improvements detailed herein have been started but not completed, and may continue to issue building permits so long as the progress of work on the subdivision improvements throughout the develop- ment is satisfactory to the County; and all terms of this agree- ment have been faithfully kept by Subdivider. 6. Maintenance: During a period of one year from and after the final acceptance of the subdivision improvements, the Subdivider shall, at its own expense, make all needed repairs or replacements due to de- fective materials or workmanship which, in the opinion of the County, shall become necessary. If, within ten days after Subdivider's receipt of written notice from the County requesting such repairs or replace- ments, the Subdivider shall not have undertaken with due diligence to make the same, the County may make such repairs or replacements at the Subdivider's expense. In the case of any emergency, such written notice may be waived. 7. Subdivider shall furnish to the Board of County Commissioners as a guarantee of compliance with this agreement: 1) Cash escrow deposit, or 2) Bank letter of credit, or 3) "Sub Division Bond" issued by surety company authorized to do business in the State of Colorado, or 4) Demand Note signed by qualified obligors acceptable to the Board of County Com- missioners. Amount of any of the above guarantees shall be set by the Board of County Commissioners and amount of guarantee may be adjusted as portions of work are completed and accepted. 8. Successors and Assigns: This agreement shall be binding upon the heirs, executors, personal representatives, successors, and assigns of the Subdivider and upon recording by the County shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. - 3 - 9. Modification: Subdivider shall pave Cheyenne Drive SSE from the County Road Number 54 to Arrowhead Drive, and Arrowhead Drive from said inter- section with Cheyenne Drive East, then Northeast to said County Road. The Subdivider agrees that after Fifty Percent (50%) of the Lots in Arrowhead Fourth Filing are sold and conveyed, Subdivider will pave all remaining roads and Cul-de-Sacs within the boun- daries of Arrowhead Fourth Filing. 10. Review of Fourth Filing: Subdivider shall present to the Board of County Commissioners from time to time as the Board may require, a statement indicating the percentage of Lots which have been sold and conveyed within the boundaries of Arrowhead Fourth Filing in order to comply with the provisions of Paragraph Nine preceeding. 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(( ( ( �iI .I , kt � , i 7$77�/ 961' ATTEST: antli Clerk of the B rd b �(�e„),.e___'Deputy County CMrk AP ROI" AS TO FORM; L � n 7k_lie ,/County Attorney LAKE ARROWHE-A , INC. (Subdivider) • B L . (Title) Pre ident ATTEST- / (Title) Secretary -4- EXHIBIT "A" • mEMORAnDum To Pnb Trwenharh Date May 98, 1980 COLORADO From Drew Srheltinga, Fhgincpring Manager Subject: Arrtwthaad Suhdi vi si an_ Arrowhead Snhdivision pre-dates the County's existing Subdivision and Construction Standards. There were specifications in effect at the time Arraahead was approved but no road widths or material thicknesses were given. They were to be determined by the engineer. In lieu of Qiting regulations I will list the basic criteria by which subdivisions were built at that time. 1. 32 feet wide fran shoulder to shoulder 2. 6 inch crown along centerline 3. 24 foot paved width where required 4. 2 inch asphalt surface where required 5. 4 inch crushed gravel surface or base 6. 24 inch drainage ditches with 2:1 slopes 7. Drainage to be controlled by road grading and culvert installation Technical specifications for itens such as compaction, gravel gradation, asphalt, etc. have not changed. Drew Scheltinga , Ehginccring Manager DS:sad One Park Central — 1515 Arapahoe Street P. O. Box 840 Denver Colorado 80201 (303) 534-1261 December 18 , 1980 Drew Scheltinga Weld County Road and Bridge Department P.O. Box 758 Greeley, Colorado 80631 Dear Mr. Sheltinga: This is to inform you that the gas line lowering in Cheyenne Drive, Lake Arrowhead Subdivision has been completed by Western Slope Gas Company. The necessary cover over the gas line has been accomplished and the street grade meets with Western ' s approval. Weld County should be advised that Western Slope Gas Company is not relinquishing its easement rights in favor of Cheyenne Drive but is accepting the street as presently constructed over the subject ease- ment and in accordance with the "License Agreement" executed between Western Slope Gas Company (Licensor) and Lake Arrowhead, Inc. (Licensee) on August 20 , 1980 . Very truly yours , WESTERN SLOPE GAS COMPANY A�� Donald J. Brunrtg Sr. Right-of-Way Agent DJB:plf �� ti 0 .1 r 3 1a �,: ao, a tames i a _- DEPARTMENT OF ENGINEERING `\\ nz• 750 PHONE (3031 356-4000 EXT.XXX P.O. BOX 758 ' GREELEY, COLORADO 80631 • COLORADO May 29, 1980 Mr. Carl Hill Best-Way Paving Company 131 North 35th Avenue Greeley, Colorado 80631 Dear earl: This letter is a follow up to our field review of road upgrading to County Standards at Arrowhead Subdivision. The general criteria should be in accordance with my memorandum to Bob Lo e_.bach, dated May 28, 1980, that I gave you a copy of. It appears the existing roads will need only shaping and spot gravelling. However, it is difficult to visually judge how much gravel remains. The County will supply an inspector during the work who will varify the required 4 inch depth. Culverts ar existing intersections need to be cleaned and more cover placed in some locations. Cutting drainage ditches along existing roads was discussed and I agree disturbing vegitation in ditches along the road will create more problems than ditches would solve. However, ditches should be cut along new roads - and in some areas on existing roads where drainage problems may exist. If you have further coarents or questions, please contact me. Sincerely, • Drew Scheltinga Engineering Manager DS:sad • CC: Bob Lowenbach _ . _ _ _ _ ~J. Robert Lowenba, -`) . Assistance County'`_ctrney F P.o.Box 1x26 c N1i,:HAEL A. VARALLO Greeley, CO 80632 ATTORNEY AT LAW - ,� 1019 9TH STREET D I`- i1 P ; GREELEY, CO 80631 _,_ nav: -- �I (303) 353-9130 Lake Arrowhead UNIU � E: — — � „5/30/80 Dear Bob: WELD COUNTY - -.ATTORNEY'S OFFICE Enclosed is a co -- - - _ Py of the memorandum which I prepared on May 21 , 1980. If you have an - _- y questions concerning it, please feel free to contact me: During the meeting of May 21, 1980 with the residents of Lake Arrowhead, the members expressed support for this proposal . There major concern seemed to be a healthy skepticism that improve- ments will occur as proposed: I would request that you do- everything - possible to expedite the matter as much as possible. I "gre_atly appreciate your time and cooperation. ` Sincerely, ��. ^mow I SIGNED: J �» 4 -'REP Y SY - ❑AIR -AIL DREG. MAIL^1PHONE ❑Np REPL'i NECESSARY . SEND WHITE COPY - RETAIN YELLOW COPY (a^ May 21 , 1980 Robert Lowenbach Weld County Attorney ' s Office • P. O. Box 1426 Greeley, CO 80632 Mr. Charles Karowsky Attorney at Law Greeley National Bank Plaza, Suite 550 Greeley, CO 80631 This memorandum will confirm our conversation of May 21 , 1980 . During the course of these conversations the following agreements were reached : 1 . Within the next week or two a joint agreement between Robert Lowenbach of the Weld County Attorney ' s Office and Charles Karowsky, representing the developers of Lake Arrowhead Subdivision, which includes himself and Roy Lundvall , will reach an agreement in writing detailing the understanding described in paragraph 3 , _4 , and 5 below. 2 . After this written agreement is reached, Robert Lowen- bach will prepare a resolution for acceptance of the agreement by the Weld County Commissioners and it is anticipated by all parties that the Resolution will be adopted by the Weld County Commissioners , although the elected officials always retain their right to accept or reject the Resolution . 3 . It is anticipated that the Resolution will contain the following: The developers are to be responsible for upgrading the roads in Lake Arrowhead to County specifications for gravel roads , and the, developers shall be solely responsible for financing the im- provements . It is understood that the road specifications will • be discussed in advance with an agent of the County Engineer' s Office to determine the specific terms required. The roads to be brought to gravel road specifications of the County are : all present roads in Arrowhead Development Subdivision, and the two cul-de-sacs currently with residences thereon, specifically Ute Lane and Ute Circle . It is agreed that the three remaining cul-de-sacs will remain as is pending further sale of lots . Pur- suant to previous agreement, all five cul-de-sacs will be paved when more than 508 of the lots in the fourth filing of Arrow- head Subdivision are sold. It is further understood that if marketing conditions warrant, that all five cul-de-sacs may be paved in the near future , but this improvement 'would be a com- pletely voluntary act on the part of the developer. 4 . After the roads are brought to County specifications as contained in paragraph 3 above , the County will fully accept all of the roads, and paritially accept the five cul-de-sacs . It is understood that the partial acceptance by the County of the roads will be with full reservation to require the developers to pave the five cul-de-sacs when more than 508 of the lots are sold in the fourth filing of Arrowhead Subdivision. 5 . It is agreed that the start of gravel improvements on the roads will begin immediately upon the passing of the Resolutio by the Weld County Commissioners . It is further agreed that a specific time will be set in the Resolution of the Weld County Commissioners for the finishing of the gravel improvements . 6 . After acceptance by the County , the County will be fully and completely responsible for maintenance of the roads . /fi L4AUM I/14,OA • MICHAEL A. VARALLO ^ - 'Attorney at Law 1019 Ninth Street Greeley, Colorado 80631 Phone: (303) 353.9130 3 June 1980 • Mr. Charles Karowsky Attorney at Law Greeley National Plaza, Suite 550 Greeley, CO 30631 Dear Mr . Karowsky: Enclosed is the memorandum that I dictated on May 21, 1980, which we were unable to discuss on the telephone. I believe it fairly states your position; however, if you have any specific difficulties with it, please let me know, I have also sent a copy to Robert Lowenbach. As we discussed on the telephone, the residents of the Develop- ment had a meeting on May 21 , 1980 in which this proposal was discussed. It was the consensus of the group that the proposal is good, and should be implemented as speedily as possible. The only specific difficulties involved was the omission of Pawnee Circle and Pawnee Lane cul-de-sacs from the agreement to gravel the roads to county specifications. This omission will partic- ularly affect Max and Joyce DeBauer who live at 5403 Pawnee Circle . Their house is located on the second lot north of Cheyenne Drive. During a long period this winter they were denied access and egress to their residence because of the • muddy conditions of Pawnee Circle. If you do not want to gravel all o£ Pawnee Lane and Pawnee Circle, I believe that partial graveling to the end o£ their lot should solve their most immediate problem. There seems to be no concern about the Kiowa Drive cul-de-sac since there are currently no resi- dences at that location. The second area discussed .was the silting of the lake. As we reviewed on the telephone on May 22 , 1980 , it appears to be the consensus of the residents of Arrowhead that presently no emergency exists . Since no one is an expert in hydraulics, the group assessment is only empirical , and may be changed by future events, including expert advice. Obviously, a problem exists, however, and if the lake must be drained, then the residents are uncertain if this approach would work. It would be bene- ficial to have an expert show there is a reasonable chance to clear the lake by draining. There is a great concern regarding the loss of fish, loss of visual attraction in a drained lake and all the other related problems . However, if there is a chance of success, and in light of the economic savings, the residents felt that if the lake were to be drained it should be done after the irrigating season, sometime in September or October of 1980. Mr . Charles Karowsky, 3 June 1980 ` Page 2 Pursuant to our telephone conversation, I understand that you consider the silting problem to be considerably more serious than gauged by the residents . As we agreed, you will provide me with a written copy of whatever written reports you receive, and give me sufficient notice to call a meeting of the residents in order to discuss the situation, if it is determined necessary to drain the lake. I appreciate your time and cooperation in this matter. Both you and Mr. Lundvall have been very helpful, and I am sure that we can continue in this spirit of mutual cooperation. If you have any questions, please feel free to contact me . Sincerely, PiAlck, MICHAEL A. VARALLO Attorney at Law MAV/ja Enc xc: Bob Lowenbach nj i01AVT1' WilifiniroltS OFFICE OF COUNTY ATTORNEY C ' ' IU.I I r :f ~ PHONE (3031 3564000 �, :...-4..._1L1.L' , Il P.O.BOX 1948 q i $`.4,R 5 tQ4.,� GREELEY,COLORADO 80631 f ; -0.. .,: J lige GREELtY. COLD, COLORADO March 5, 1980 Mr. Charles Karowsky Greeley National Plaza Suite 550 Greeley, Colorado 80631 Re: Arrowhead Subdivision Improvements Dear Mr. Karowsky: I am writing this letter to inform you that the Board of County Commissioners of Weld County, pursuant to paragraph 7 of the Sub- division Agreement for the Arrowhead Subdivision, dated January 19, 1972 , and a promissory note in the amount of $23 ,163. 05 dated August 10, 1972 , has requested that I contact you for the purpose re-negotiating the guarantee of compliance set forth in the Sub- division Agreement. It is the feeling of the Board that an amount in the neighbor- hood of $100, 000. 00 would be required to make the street improve- ments as set forth in the Subdivision Agreement. It is further the feeling of the Board of County Commissioners that a cash escrow deposit, bank letter of credit, or a subdivision bond issued by a surety company authorized to do business in the State of Colorado, will be required, pursuant to paragraph 7 of the Subdivision Agreement. It is my hope that we can enter into negotiations as to the amount and method of guarantee of the subdivision improvements at the earliest possible date. I would therefore request that you con- tact this office at the above number, ext. 369, at the earliest possible time so that a meeting can be arranged to discuss these matters . (1�) JP; Since '` � ^� �. . Robert Lowenbach ssistant County Attorney JRL:ta cc: Gil Olson Amount of Note $23,163. 05 Greeley, Colorado August 10 , 19 72 On demand after date for value received, the undersigned promises to pay to the order of the Board of County Commissioners, Weld County, Colorado, the sum of ---TWENTY-THREE THOUSAND ONE HUNDRED SIXTY THREE and 05/100---- Dollars ( $23,163. 05 ) 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 August 10 , 19 72 , and guaranteeing installation of certain improvements in said subdivision by May 1 , 19 74 . 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. =LAKE ARROWH AD INC. By:Y <� President i ATTEST: (1_, 19 ~— Secretary Accepted by the Board of County Commissioners, Weld County, Colorado, this ,28a day of Amy , 19 7,Z . THE BOARD OF COUNTY COMMISSIONERS ATTESST�: WELD COUNTY, COLORADO Cle f th Board �7� v < L�-sev�_ t't l r �� I} f•T � Dep County Clerk �� :APP: VED AS, :I= ( �e(di( C County orne y� FINANCIAL STATEMENT LAKE ARROWHEAD, INC. August 10, 1972 ASSETS Real Estate 182. 9 acres at $3,000 per acre $548,700. 00 Water Stock (Greeley-Loveland Irrigation, Seven Lakes Reservoir, Loveland and Greeley Reservoir) 35,000. 00 Contract with Town of Evans for Water Taps 92,500, 00 Underground Water System Taps 20,000. 00 Savings Account, Greeley National Rank 3,328. 93 Cash Balance, Greeley National Bank Account 4,872. 97 Accounts Receivable, Sale of Lot to George Stahla 5,400. 00 Accounts Receivable, Sale of Lot to Bill Kobobel 4,600. 00 TOTAL ASSETS $714,401. 90 LIABILITIES Note, Greeley National Bank $26,000. 00 Miscellaneous Debts (Home, Light and Power, Greeley Gas Co. , Walt Bergendahl for accounting) 5,000. 00 TOTAL LIABILITIES $31,000. 00 NET WORTH 683,401. 90 $714.401. 90 $714,401, 90 The undersigned hereby certifies that the above and foregoing is true and accurate according to the best of my knowledge, information and belief, LAKE ARROWHEAD:, / �-- By v - �� Charles A. Karowsky, Trustee i taw OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303( 353-2212 EXT. 221,222& 223 111 P.O. BOX 758 GREELEY,COLORADO 80631 O COLORADO July 12 , 1973 Mr . Charles A. Karowsky Suite 315 8th & 8th Building Greeley Colorado 80631 Dear Mr. Karowsky, The Board of Weld County Commissioners has approved in Arrowhead the installation of standard county type and county approved gravel road for Cheyenne Drive ; paving extending from the County Road on Arrowhead Drive to its intersection with Cheyenne Drive ; gravelling of the rest of the roads . I regret that due to a misunderstanding with County office personnel you did not receive an immediate response . Sincerely, �/ _y-� � °TATE OF COLORADO f 4-(7/7 � �c!<<a. 7/Y�.�'�CLt �% COUNTY OF WELD ss. Filed with toc Clerk of the board Glenn K. Billings , Chairman of County Commis-l-- - Board of Weld County Commissioners JUL1 219!3 GKB/ck COUNTY CIENK AND RECORDEP By Deputy • WELD COUNTY COMMISSIONERS HARRY S. ASHLEY GLENN K. BILLINGS [� ROY MOSER C7 { � l r�, c'tez e„ za �//7e-a 4�A t '1611. ti a � _ {u 4.44 Iitti< } 5 A lL 4 ask X. mt. i'!QC 1 i T A�a. '' r y une Parlt Central - 1515 Arapahoe Street P. O. Box 840 Denver Colorado 80201 (303) 534-1261 January 31, 1975 Weld County Engineering Dept. P. O. Box 758 Greeley, Colorado 80631 Attn: Richard Straub Dear Mr. Straub: Please be advised that Western Slope Gas Company holds a private ease- ment across the N1 Sec. 27, T-5-N, R-66-W in which Lake Arrowhead Sub- division is located. The subdivider plans for extension of Cheyenne Dr, and dedication of the road to the County will affect Western's easement. The Subdivider has stopped grading with only 8" of cover remaining over the high pressure pipeline. Apparently, before the subdivider can meet county road specifi- cations, an additional 30" cut must be made, the line lowered (at the Sub- divider's expense) , and Western Slope Gas Company's License Agreements signed by Lake Arrowhead covering the affected easement. To date, no agreements have been made between the Subdivider and Western Slope Gas Company for line lowering or the placing of the road I over Western's easement. We hope this letter will provide insight to i Weld County of the liabilities involved with the acceptance of Cheyenne Drive until agreements can be reached with the subdivider on our effected facilities and easement. DedjVerytruerirlyyossise„....s, Daniel Tekavec Assoc. Right-of-Way Agent DT/jr I STATE COL ' COUNTY OF WELD ss' Filed with the Clerk of the Boars I of County Commissioners FEB 7 IB75 toutn utgt asn IMEICOMPIft I ByDePuitY ,.a -73 7, 7 c\=-4-2: 7t,-?—/6 5' i, /- � - - -- --- Y1�r.4 ✓J v p--2€,E±:0-x,. _ /�.Gc-4.-r1/ . ¢__Oe r-aJ�a.y J G,tlr ,. 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GREELEY.COLORADO R.SAM OLDENBURG BOB31 AREA CODE 303 352'3181 June 4, 1973 Weld County Commissioners Weld County Courthouse Greeley, Colorado 80631 Attention Glenn Billings Dear Glenn; In connection with the paving project in Arrowhead, and as a follow-up to my last letter, I am in receipt of a letter from Western Slope Gas Company who has an easement for a high pressure gas line through Arrowhead, and which directly underlies Cheyenne Drive, to the effect that because of the 8" gas line, increased operation, maintenance, and increased difficulty in leak detection in a paved area, they require that the paving terminate at least 10' from the pipeline. As a consequence, this makes paving of Cheyenne Drive impossible. We do propose, subject to your approval, to install standard county type and county approved gravel road for Cheyenne Drive. Paving will extend from the County Road on Arrowhead Drive to its intersection with Cheyenne Drive. All the rest of the roads will be gravelled, subject to a Resolution to such effect which I request the Commissioners approve. I would respectfully urge immediate response to this request, because we are anxious to accomplish the work so that the roads may be installed this Summer. Of necessity, this will mean when the work has been completed to the County's satisfaction, a return of Arrowhead's Promissory Note, Bond and Contract to Pave. May I please hear from you at your earlies nvenience. Ve t y ur , Charles A. Karows me 3Yf.'fr717% paw) if l-. C`C }'-Q of the tj0ard t Dt Caeaty Cbmrl,s.,c r•ers JUN8 1973 CO'JMY CLERK AN{:pE^_3tEL 1 Dept? �{^) 1 1 v4l4 � �� KAROWSKY, WITWER & OLDENBURG CHARLES A.KAROWSKY SUITE 313,BTH AHD 13TH BUILDING STOW L.WITWER,JR. GREELEY,COLORADO R.SAM OLDENBURG 80831 AREA CODE 303 May 15, 1973 352.3101 Chairman Board of County Commissioners Weld County Courthouse Greeley, Colorado 80631 Gentlemen: You will recall that at my last appearance before the Board concerning the road situation in Arrowhead, it was suggested to me that if I obtained a Petition reaffirming the desire of the residents with reference to gravelled roads, that you would probably favorably consider Arrowhead's Petition. First may I explain to you what has transpired in the interim. Arrowhead has now paved from the County road on Arrowhead Drive, across the dam and to the intersection of Arrowhead Drive and Kiowa Drive. This is indicated with a heavy line on the enclosed map. Arrowhead is now engaged in the activity of paving the rest of Arrowhead Drive to its intersection with Cheyenne Drive and from that point back North to the County road. This has been indicated on the enclosed map with a wavy line. Arrowhead proposes thereafter and sometime in the Summer or Fall of 1973, to gravel all of the rest of the roads in Arrowhead with the exception of the cul de sacs indicated with an "X" mark on the enclosed map and that portion of Kiowa Drive which lies West of Cheyenne Drive indicated with several "X" marks. These cul de sacs and the indicated portion of Kiowa Drive will be gravelled in accordance with County Specifications as and when the lots are sold. Accordingly, Arrowhead's original request made of you which was to give us permission to gravel all of the roads in Arrowhead except the portion we have already paved is modified to the extent of permitting us to gravel all of the roads except that portion being paved which is Arrowhead Drive to Cheyenne Drive and all of Cheyenne Drive back to the County Road. r I' Ti T 4346 + , • ' Chairman, Board of County Commissioners May 15, 1973 Page Two I enclose herewith a Petition which has been signed by all property owners except two. Failure of signature of one property owner has been our inability to contact him. The other property owner, Mr. Kobobel, who owns Lots 6 and 7 in Block S, has refused to sign for reasons not clear to the Petitioners. I would be grateful for your approval of this request in order that we may make the necessary engineering plans for graveling. The preliminary work for paving the remainder of Arrowhead Drive to Cheyenne Drive and all of Cheyenne Drive is presently underway, and of course, will be coordinated with your Engineer. Carl Hill, Jr. of Best Way Paving has the Contract. Very truly yours, KAROWSKY, WITWER &/OLDENBURG pp / 9 / L A�/ Charles A. Katowsky me s Encs. .r C00N7tY 0> WELD 0 sg. fifld +dn try Clerk of the Board C811Rty Commissianrrs JUNE 193 as a"'-J-rk....,.,�. ttMljV pl_RRR AND Arrq Rp.q Depu PETITION TO BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO The undersigned are the property owners in Arrowhead Subdivision, Weld County, Colorado. We have previously petitioned you to permit the installation of County approved gravelled roads in the Subdivision in lieu of the present requirement of paved roads. This is to advise that as of the date of this Petition, Lake Arrowhead, Inc. has paved from the County road on the North side of Arrowhead Subdivision across the dam and across Arrowhead Drive to its intersection with Kiowa Drive. We are now advised by Charles A. Karowsky, Trustee for the Arrowhead Subdivision, that at Lake Arrowhead, Inc. 's expense, Lake Arrowhead proposes to pave Arrowhead Drive from Kiowa Drive to its intersection with Cheyenne Drive and all of Cheyenne Drive North to the County road, subject to the condition, that each property owner adjacent to said paved road will pay for his or their individual expense of installing culverts or underground tile where required under driveways, said culverts to be in conformance with County specifications. We are further advised by representation from Mr. Karowsky that by the end of the Summer or early Fall of 1973, Lake Arrowhead, Inc. proposes to install County approved gravelled roads on the remainder of Arrowhead Drive, Pawnee Drive, Kiowa Drive between the intersection of Kiowa Drive and Pawnee Drive, and Kiowa Drive and Arrowhead Drive and Pawnee Drive from its intersection with Arrowhead Drive to its intersection with Cheyenne Drive. We are advised that Lake Arrowhead, Inc. does not propose to gravel any portion of Kiowa Drive West of Cheyenne Drive or the cul de sac of Kiowa Drive East of Cheyenne Drive, Pawnee Circle (ending in Cul de Sac), Ute Circle ( ending in Cul de Sac), Ute Lane (ending in Cul de Sac) and Pawnee Lane (ending in Cul de Sac) (all of the latter being and lying West of Cheyenne Drive) until such time as the roads contained in Fourth Filing require the gravelling thereof. It is our understanding and agreement that the gravel procedures above described will be at Lake Arrowhead, Inc's expense with the exception of the appropriate property owners paying for culvert crossings under driveways in the same manner as is required of adjacent property owners of the paved roads above described. Accordingly, we reaffirm our desire to permit the installation of gravelled roads in the remainder of Arrowhead Subdivision as above described, subject to the following conditions: (1) In the event any paved surfaces on those roads to be gravelled are ever desired by the undersigned or our Grantees, such paving will be accomplished at our own expense, either by the creation of an improvement district or otherwise; (2) If installation of gravelled roads as above described are installed in a style and manner which is approved by the Weld County Engineer and you, Weld County will accept the dedication of said roads and will assume future maintenance thereof. Respectfully submitted: NAME ADDRESS Lake Art"ow d� Inc. :y/<, u� / tip. 3 i 5 � ( /0 i By: . ti < - Itd ; TEPr:rl. .card C iu ry Conmvs f 4" Ir� NAME ADDRESS 1 ,, r er:,r /. ! G- _ < ( <, 4,-,2/v-..n._(-7..., ` 4 :LI- Co i > // �/ 2/ ` �/L.t"2' � �-2. � /-4:1---292- -2111.t -t 1C Ce L..-2 L-,�-7t 1-%ti. e<,1.e_ 41-egk/ r . f l 9 ./ � �� _— K Ile(ire- '7 , d ,,,, -e-;.,) t t'i4" 4.4, /04.4%.1.... yy1t� � . ` C/0 L v //r, a etae T. //� /� { pig � ,3 9.Z4 ,49)9-614)A.241/41 Dia. `f r ��a / 'f':7. �' li. �)12,1 .2 ` I t- 21,, / .e iP,— , . / t/tE.-t,°r• �jYr,-..>,.r,, - d� ✓,/l� /�'i, 61fC�f��1=; . I IC•' -/S5 ��'.t- ////1,22 -b-` l f r,1 - -(,'././1 // .z- y_:_ %) _ / - -, . ':( (21 i., z,w_ 14i 1/ ��•i-i.11 �° , 'I�,. ..-. „(rJ ,. I 41,(P7/1'se tX i ^ F7.2.2-- ! `-4 4:L,/e.stelc [J✓ e,.icz &IAA 1 I'ri i, /y �/ / /{:yi- . ..l � 1 f i. / ' /� 7 +- �� L/� � l C.S .-.h,�? (} Ci •.. l�. 1�<�-[K t--! < -_. -- ��---- ?9 40 gi-rei,%eai I�V'id/ - � - G�Ge9,� ,. �e y2/a �sy ,,%_.-t<,>Ai 1 ` , ! .`.�ti vo , 1 y S Cv,.A a-t .ity.�J /� �s. / ST.a'fc. OF CO Do ss. cow- v OF WELD Flied %nth llie Clerk of the Board of County Commission- ; e it; $/ 1973 (f-^r,,,2 ,...+rart/ lq OF COI COUNTY O v LL0 Filed .v.t; of County Conan - SEP : 1972 PETITION COUNTY CLERK AND RECORDFD B Deputy TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, GREELEY, COLORADO The undersigned are residents of Arrowhead Subdivision which lies South and West of the City of Greeley and which we are informed is under your planning supervision. We have learned that under your current Rules and Regulations, the developers of the Subdivision are obliged within a designated period of time, to install paving on all dedicated roads within the boundaries of the Subdivision. This information has been verified by us by inquiring of Charles A. Karowsky, one of the developers, as to the accuracy of our understanding. Mr. Karowsky advises us that the developers plan to immediately pave the road from the oiled County Road across Arrowhead Dam, and this action meets with our unanimous approval. However, because of past and present unpleasant experiences, we feel very strongly that it would be totally undesirable to have the rest of the roads in Arrowhead paved because it will do nothing but encourage an acceleration of the present automobile and motorbike "race-track" activities. We feel that installation of paved roads in Arrow- head, particularly because of the straightaways involved, would be dangerous to the safety of ourselves and our families. We bought our Lots in Arrowhead with the under- standing that it would be developed as a country-type living and we would urge you to accept a standard gravel type road in Arrowhead, other than the area described across the Dam. We understand that to grant such a request would require special action by you, and we wish to assure you that this Petition has not been at the urging or solicitation of the developers of Arrowhead who have indicated to us that they are financially committed to the County for the installation of paved roads. We recognize that your requirement concerning paved roads is designed to protect residents of a Subdivision and to assure them of adequate all-weather roads. We are certain we will be more than amply served with the type of gravel road that the County presently maintains in various areas of the County. Respectfully submitted. NAME ADDRESS y �G�1:27,1416-)n ' " 11(CA. If �/LQ A ak¢t/, ! et„e 1. pp 17p-z, / 7�/ ,: (7./ z}:± , j-c)/O max A G /�i �•J'�� f /7yU� % �'�� / ' /11Ct ✓L;'I<Flf .\ -! E/=�1- s / �. .' �j1 tzrd -. y-// �/� /�'/�7��t- (� � S 007 /1 �GP-wCt 4+'�r. /�� (36 �� 2itne...✓ht,Cu,E. S/-n_, G -� ... .. NAME � ADDRESS I� II\ (rjr 7) ) Er- 9 ---).--?,,- . c 79ito ,9r�w4ter, Pr vie J � c_C0 3 S" - C - rfrc.4,-Ra - �� i ‘19/3---- (PC2-(z-nesi J11-- • ti 'AI% /atjsyB/i,,1- '/8/8 .4r/e 'LJ1iCA/J i a.,.--i 3 9/.,_ V S. c P,,v/ce e ,2, 1 � "��;n el ' '-'21 /z +� � . 2yt, �} //..n/ � GJ�l7 T Wit:../ ' "I � J /J�'l'YD ��/oii a-� '�\i., <.� 1-i--if/1/,•-7---/ vii ✓ fi 1 12_� � Co �, k,°au)u L6 ,- , G� eel7Cola I � // p ('aLPGJ� � VL � �.�0 � �ri _6-6, , '/ ,ren•--.)-• (nl 5�ih./f(g2�. �E�.f.,, In��v2,.. G/�..e-�- � ", �-�G • , (, , �2 ' �! c �c �__ . q o: i0 ICfV�trs. 4stC � s. 77 r --# � ' \} Cam: _ -� _ 1 ` , 4 lik,-6efictcci ant 44/ • ► U TO RE FILLED OUT BY THE RECORDING CLERK AT TIME OF FILING - NAME or SUBDIVISION `7��Z/t/�-OZ(� �Jd�.2�Ah�C�GC� ®A-t/J's NAME of SUOD 1 V I DER jai 0 • alth data-IA,L./n X LOCATION OF SUBDIVISION /2P2 NZ <27. ,--e.5"-• 6 6 DATE OF FILING �d lt__.,C/� /�- 4(4 .7.1.--• RECEPTION NUMBER 6 96 167 .ev DE 4A.Ast, OUNTY CLERK AND RECORDER IF NOT FILED PLEASE INDICATE RECEIVED BY PLANNING ADMINISTRATOR OR SECRETARY OF PLANNING COMMISSION • DATE RECORDED IN THE MINUTES P1/4‘ A SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" Date : August 10. 1972 Name of Subdivision : ARROWHEAD FOTTRTHFTLTNr Location : Part of the North Half of Section 27. T. 5N. . R. 66W of the 6th P. M. . Weld County, Colorado Intending to be legally bound , the undersigned subdivider hereby agrees to provide throughout this subdivision and as shown on the subdivision plat of Arrowhead Fourth Filing , dated August 24 , 1971 , the following county improvements . (Leave spaces blank where they do not apply) Estimated Construction Unit Construction Completion Improvements Cost Cost Cost /m5 ter fie— Street grading .ao $. 05 sq. Yd. 996. 25 Street base �n6n x. 40 sa. yd;` 7.970. 00 j 4 ; Street paving ?.na 5.95 sq. vdr'414,196. 80 Curbs , gutters & culverts Sidewalks Storm Sewer facilities j7io >_ Retention ponds Ditch improvements Sub-surface drainage Sanitary sewers Trunk & forced lines Mains Laterals (house conn) On-site Sewage facilities On-site Water supply & storage Water mains Fire hydrants Survey & street monuments & boxes Street lighting Street name signs Fencing requirements Landscape proposal Park improvements SUB TOTAL 23,163. 05 Supervision Cost Engineering Costs ( testing , inspection , asmbuiTt plans and work in addition to preliminary and Final . Plat) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 23, 163. 05 * *See ADDENDUM attached and by reference made a part hereof. �.• SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" (continued) The above improvements shall be constructed in accordance with all County requirements and specifications , and conformance with this provision shall be determined solely by Weld County , or it' s duly authorized agent. • The improvements shall be constructed in accordance with he time schedules shown above.. v-- .Th_ \ ) 6? % , Signature f ivider i ( If corporation , to be signed by � „ President and attested to by Secretor§ Secretary, together with the corporate seal . ) (SEAL) Dated : , 1972 ACCEPTANCE Approved by resolution of the Board of County Commissioners at the meeting of Are" 2B 1912,. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO /fct://-ear �((y � .) r, ATTEST: � •/: � tinnw Clerk Board Deputy County Clerk AP AS TO - - orne KC' ADDENDUM Paragraph Nine incorporated herein has been adopted by an Agreement between the Subdivider and the Weld County Commissioners. Estimated cost of complying with Paragraph Nine: Roads: 14,777 Sq. Yds. grading at $. 05 Sq. Yd. $ 738. 85 14,777 Sq. Yds, base at $.40 Sq. Yd. 5,910. 80 11,083 Sq. Yds. paving at $. 95 Sq. Yd. 10,528. 85 Cul-de-Sacs: 4,278 Sq. Yds. base and paving at $1. 35 Sq. Yd. 5,775. 30 4,278 Sq. Yds. grading at $. 05 Sq. Yd. 213. 90 TOTAL estimated cost of Modification Paving: $23,167. 70 s^� RECORD OF PROCEEDINGS 100 Leaves a a c.eoccKe e.e.a .co. Tape 72-56 BOARD OF COUNTY COMMISSIONERS August 28, 1972 AND PLANNING COMMISSION MEETING TOPIC: PROPOSED SUBDIVISION Lake Arrowhead Inc. Charles A. Karowsky, Secretary ARROWHEAD SUBDIVISION Arrowhead Fourth Filing proposal was explained by Mr. FOURTH FILING Karowsky, stating that all requirements had been met including necessary demand note in the amount of $23,163.05, together with a financial statement, and that paragraphs nine and ten, in Subdivision Agreement, have been adopted by an Agreement between the Subdivider and the Weld County Commissioners. After discussion of the agreement, concrete ditch, length of time to do paving, etc. , a motion was made to grant this request as stated. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO .rte-Vr,Zr--d-Ae5ge' )i J C � l i.i.� )141/, ATTEST: 6 / ten / COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD B �� - ( " Deputy County Clerk a.. N° • File contains oversized map Please see original file Hello