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DEDICATION OF PERPETUAL RIGHTS-OF-WAY FROMAN RANCHETTES RANGE 65, TOWNSHIP 1 NORTH, SECTION 18 : NW4 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 Froman Ranchettes , being a subdivision located in the Northwest Quarter (NW4) of Section 18, Township 1 North, Range 65 West of the 6th P.M. , Weld County Colorado, being more particularly described as follows: Commencing at the W4 corner of said Section 18; Thence Easterly along the South Line of said NWa a distance of 50. 0 feet to the Point of Beginning, said point also being on the East right of way line of County Road No. 37; Thence on an angle to the left of 89°48 ' 35" along said East right of way line a distance of 660. 45 feet; Thence on an angle to the right of 89°39' 11" a distance of 2603 . 49 feet to a point on the East line of said NW4; Thence on an angle to the right of 90°19 ' 39" along said East line a distance of 667. 57 feet to the SE corner of said NW4; Thence on an angle to the right of 89°49' 45" along the South line of said NW4 a distance of 2603. 66 feet to the Point of Beginning, containing 39. 688 acres; and, BE IT FURTHER 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 submit two certified checks totaling $9990. 00 prior to the beginning of any construction in said subdivision and/or the construction of subdivision roads, to guarantee absolute compliance with County Road Specifications and that said checks shall be held in escrow for one year after completion of said roads or unless sooner released by action of the Board; and BE IT STILL FURTHER RESOLVED, that said approval is subject to utility installation agreements from Mountain Bell and Rural Electric Association. The above and foregoing resolution was, on motion duly made and seconded, adopted by the followin vote: AYES: IN/ � Pit' (i\ I( J C,;( _f t THE OAR 0kF ieUN CO TYCOMMISSIONERS WELD COUNTY, COLORADO DATED: October 9, 1974 740486 Ld: Sub by name - Froman Ranchettes 165-600 P -i3 s 7 A LENDANCE RECO D / Applicant : (2r-/.1./L' ' 7/(177/.70'."74---- Time /(2 '2 "g Docket Date : 7),e)12)7,;/' j n f/ Request ; /-.2,;(y).(7 1170/'. J4,/%O�!'r?g".�/ NAME I ADDRESS • / /poi I f • BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . S-114 Date August 29 , 1974 APPLICATION OF Claude Froman ADDRESS 15391 East 8th Avenue, Aurora, Colorado 80010 Moved by Elmer Rothe that the following resolution be introduced for passage by the Weld County Planning Commission : Be it Resolved by the Weld County Planning Commission that the Subdivision B%U Final Plat for Froman Ranchettes located on the following described property in Weld County , Colorado , to-wit : see attached plat 6TATF °RAD° COUNTY OF WELD Tiro tit C,rrk Of the boat t of ( tv Conillssior ers '_ 9 .314 1 r CRIC AND RECORDCR < Deputy be recommended (favorably ) (wrotemunaricrty ) to the Board of County Commissioners for the following reasons : Final Plat conforms with the Preliminary Plat and all conditions for Final platting approval have been met. Motion seconded by Donald Clark Vote : For Passage John Watson Against Passage Glenn Anderson Elmer Rothe Dean Severin Donald Clark The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board ofCounty Commissioners for further proceedings . CERTIFICATION OF COPY I , Linda Jose , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on August 20, 1974 , and recorded in Book No. 4 Page No. , of the proceedings of said Planning Commission. Dated this 29th day of August 19 74 Weld County Plannin Commission ording Secret y, g FROMAN RANCHETTES FINAL PLAT: A part of the NWQ of Section 18, TIN, R65W, of the 6th P.M. , County of Weld, State of Colorado, more particularly described as follows : Commencing at the W4 corner of said Section 18 ; thence Easterly along the South Line of said NWa a distance of 50 . 0 feet to the Point of Beginning, said point also being on the East right of way line of County Road No. 37; thence on an angle to the left of 89°48' 35" along said East right of way line a distance of 660 . 45 feet; thence on an angle to the right of 89° 39 ' 11" a distance of 2603. 49 feet to a point on the East line of said NW;; thence on an angle to the right of 90°19 ' 39" along said East line a distance of 667. 57 feet to the SE corner of said NW4; thence on an angle to the right of 89°49 ' 45" along the South line of said NWa a distance of 2603.66 feet to the point of Beginning, containing 39 . 688 acres ; r October 7, 1974 I hereby certify that a public hearing was had on a request for a Final Plat of Froman Ranchettes, by Claude Froman, at 10:30 A.M. , in the Office of the Board of County Commissioners, Greeley, Colorado. A motion was made and seconded to grant said request with conditions. Motion carried. S^ 4 ATTEST: c-7 " ` _. 4:1-4- -Z1/i! G` COUNTY CLERK & RECORDER CHAIRMAN AND CLERK TO THE BOARD BOARD OF cONTY COMMISSIONERS WELD COUNTY, COLORADO BY: ca i tZ 6 tiv�l hy,;L,0e2 t ..... Deputy County Clerk / f • . FINAL SUBDIVISION APPLICATION I-‘ Weld County Planning Department Services Building, Greeley, Colo. (. FOR PLANNING DEPARTMENT USE ONLY: CASE NUMBER • SEC: TWP RANGE: • LAND CODE: • • T: Sr SUB DIV CODE, 1/4t KEY: SUB: BLKr LOT: KEY: • APPLICATION FEE: REFER TO: APP. CHECKED BY, Y�_ DATE REC. NO: • 3) ��_ TEM LEGAL DESC. APPROVAL 4) - DATE DATE TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIR- MENTSt' Print or type only, except for necessary signatures. I (we), the undersigned, hereby request a hearing before the Weld County • Planning Commission concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION, CA part of the NWT of Section 18, T1N, R65W, of the 6th P.M. County of Weld, State of Colorado, tore particularly described as follows: Commencing at the W} Corner of Said Section 18; thence Easterly along the South Line of said NWW a distanoe of 50.0 feet to the Point of Beginning said Point also being on the East Bight of Way Line of County Road No. 37; thence on an angle to the left of 89°48'35" along said East Right of Way Line a distance of 660.45 feet; thence bn an angle to the right of 89°39'11" a distance of 2603.49 feet to a -point on the East Line of said NW1; thence on an angle to the right of 90°19'39" along said East Line a distance of 667.57 feet to the SE Corner of said NWT; thence on an angle to the right of 89°49'45" along the South Line of said NWT a distance of 2603.66 feet to the Point of Beginning, containing (If additional space is required, attach an additional sheet of this same 39.0 8 acres. • siz® ; NAME OF PROPOSED SUBDIVISION Froman Ranchetta • EXISTING ZONING A-1 PROPOSED ZONING E-UD TOTAL AREA (ACRES) 39.688 ' NUMBER OF LOTS PROPOSED 9 . LOT SIZE: AVERAGE 1.6 MINIMUM 1.584 UTILITIES: WATER, NAME Private wells - Central Colorado Water Conservancy District C-2 • SEWER, NAME Private Septic Systems • • GAS: NAME Private Propane PHONE: NAME Mountain.Bell DISTRICTS: SCHOOL: NAME School District RE3/5 / • FIRE: NAME Fire District #7 (Hudson) DESIGNERS' NAME Broderick Engineering Co. ADDRESS1420 Kingston Street, Aurora, Colo. . ENGINEERS. NAME Daniel A. Broderick ADDRESS 1420 Kingston Street CFEE OWNER OF AREA PROPOSED FOR SUBDIVISION , Aurora, Colo: • NAME James P. Connor ADDRESS 468 Oswego Ct. , AuroraTELE. NAME Claude M. Froman ADDRESS 1901 Peoria St. ,AuroraTELE. .NAME ADDRESS TELE. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application • are true and correct to the best of my knowledge. COUNTY OF Weld ) _. ,STATE OF Colorado ) Signature: Owner or Authorized Agent Subscribed and sworn to before me this /0 a day of S��T 197. / , D • SEAL _�-rtt ? /. �77A-r /7 "L• . • NOTARY PUBLIC My commission expires, ✓ P. /.) STATE F OLORADO ss. COUNTY OF WELD / • I - Filed with the Clurk of the borer. sub of County Commissioners - 6 • SEP 1 2 1974 ' /l.'l5 . ii;: � Gof� • G9UNiY ChEPlf AND RECOROE 1 ,91 BY C /1 i/' eputy 7 -7-tie PROTECTIVE COVENANTS OF FROMAN RANCHETTS WELD, COUNTY, COLORADO 1. All lots in all blocks in said subdivision shall be known, and described as residential lots, and will be restricted by all the covenants contained herein, 2. An Architectural Control Committee for Froman Ranchetts is constituted, The committee is composed of Claude M. Froman, James P. Connor, and Daniel A. Broderick. Its mailing address is 1420 Kingston Street, Aurora, Colorado. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated rep- resentative'shall be entitled to any compensation of any kind for service performed pursuant to'this covenant. 3. No building shall be erected, placed or altered on any residential lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee. In the event the committee or its designated representative fails to approve or disapprove within 30 days after plans, specifications and plot plan have been submitted, or in the event no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 4. No structure whatever, other than one private single family dwelling together with a private garage or servants quarters and suitable barn or shed for horses, for use in connection with said single family dwelling, shall be erected, placed or permitted to remain on any lot. 5. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot as a family dwelling, either tem- porarily or permanently. However, this covenant shall not restrict a building contractor or land developer from maintaining a temporary office, trailer office, tool shed, lumber shed and/or sales office for the purpose of erecting and selling dwellings; provided that the Architectural Control Committee shall have the authority to order the removal of said temporary structures whenever in their sole discretion the same have been on the premises an unreasonable length of time. 6. The principal dwelling shall have a minimum fully enclosed ground floor area devoted to living purposes, exclusive of porches, terraces and garage, of 1,000 square feet except that where the said principal dwelling is a 1z or 2 story dwelling, the minimum may be reduced to 800 square feet of ground floor area, providing that the total living area of the 1* or 2 floors is not less than 1,200 square feet. 7. No building shall be located on any lot nearer than thirty (30) fest of any lot line. 8. No store, office or other place of business oft any kind and no hospital, sanitorium, or other place for the care of or treatment of the sick or disabled, physically or mentally nor any theater, saloon or other place of public entertainment, shall ever be erected or permitted upon any of the residential lots, or any part thereof. 9. No animals, livestock or poultry of any kind shall be raised, bred or kept for any commercial purpose on any tract except horses or those animals which are kept entirely in the home. Horses may be kept, bred, boarded or trained so long as facilities are kept clean and odor free. Swine are expressly forbidden and none shall at any time be kept on any tract for arty purpose. 10. Sewage shall be disposed of only by and through a septic system of adequate dimensions and capacity and of a type approved by the Board of Health of the State of Colorado. No septic tank or field system shall be nearer than fifty (50) feet to any building plot line except with the consent of the appropriate health officials of the County and State, and no sewage, waste water, trash, garbage or debris shall be emptied, discharged, or permitted to drain into any body of water in or adjacent to the subdivision. No outside toilets or privies shall be permitted on any tract in this subdivision. All toilet facilities must be a part of the residences or garage and shall be of a modem flush type and connected with a proper septic tank system. 11. No portion of the property shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not, be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 12. No open fires will be permitted in the Froman Ranchetts. 13. No sign of any kind shall be displayed to the public view on any residential lot except one sign of not more than five square feet advertising the property for sale or rent, or except signs used by a builder to advertise the property during the construction and sales period. 14. Once a structure has been started, it must be completed within 270 calendar days. Easements and rights of way as shown on the recorded plot are hereby reserved in this subdivision for poles, wires, pipes, and conduits for heating, lighting, electricity, gas, telephone, sewer, water or any other public or quasi public utility service purpose together with the right of ingress and egress at arty time for the purpose of further construction and repair. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots or plots has been recorded agreeing to change said covenants in whole or in part. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate the aforesaid provisions, restrictions and covenants, either to restrain violations or to recover damaged, or both. Invalidation of any one of these restrictions by judgment or Court order shall .in no way affect any of the other provisions which shall remain in full force and effect. In witness whereof, Prom= Banchetts, Claude M. Fryman James P. Connor y i SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 8th day of August,1974 by and between the County of Weld, Colorado, hereinafter called "County", and 'l3 M_ Frnman and .Tames P_ Conner hereinafter called "Subdivider". WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: The N of the N.i of the NW of Section 18.T 1N R65W WHEREAS, a final plat of said property, known as FROMAN RANCJ TTz 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 concderation of the foregoing and the acceptance and approval of said final plat, the parties hereto promise, covenant, and agree as follows: 1. Engineering Services: Subdivider shall furnish, at its own expense all enginerring services in connection with the design and construction of the subdivision improvements described and detailed on Exhibit "A", attached hereto and made a part hereof. 1. 1 Said engineering services shall be performed by a Registered Professional Engineer and Land Surveyor in the State of Colorado and shall conform to the standards and criteria for public works as established by the County. 1. 2 Said engineering services shall consist of, but not be limited to, surveys, designs, plans and profiles, estimates, construction supervision, and furnishing necessary material to the County. 1. 3 Subdivider shall furnish drawings and estimates to the County for approval prior to the letting of any con- struction contract. Before acceptance of the installed improvements, Subdivider shall furnish one set of repro- ducible "as-built" drawings and a final statement of construction cost to the County. - 1 2. Rights-of-Way and Easements: Before commencing the con- struction of any improvements herein agreed upon, Subdivider shall acquire, at its own expense, good and sufficient rights-of-way and ease- ments on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements shall be conveyed to the County and the documents of conveyance shall be furnished to the County for recording. 3. Construction: Subdivider shall furnish and install, at its own expense, the subdivision improvements described and detailed on Exhibit "A", attached hereto and made a part hereof. 3. 1 Said construction shall be in strict conformance to the drawings approved by the County and the specifications adopted by the County for public works projects. Whenever a subdivision is proposed within three miles of an incorpor- ated community located in the County or located in any adjacent county, the subdivider shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time a subdivision is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3. 2 Subdivider shall employ, at its own expense, a qualified testing company, previously approved by the County, to perform all testing of materials or construction that is re- quired by the County; and shall furnish copies of test results to the County. 3. 3 At all times during said construction, the County shall have the right to test and inspect or to require testing and inspection of material and work at Subdivider's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satis- faction of the County at Subdivider's expense. 3. 4 The Subdivider shall furnish proof that proper arrange- ments have been made for the installation of sanitary sewer, water, gas, electric, and telephone services. 3. 5 Said subdivision improvements shall be completed according to the terms of this agreement within the "Time for Completion" appearing in said Exhibit "A", which time shall commence upon the date of this agreement. The Board of County Commissioners, at its option may grant extension of time of completion upon application by Subdivider. 4. Release of Liability: Subdivider shall indemnify and save harmless the County from any and all suits, actions, or claims of every nature and description caused by, arising from, or on account -2- of said construction, and pay any and all judgments rendered against the County on account of any such suit, action, or claim, together with all reasonable expenses and attorney's fees, incurred by County in defending such suit, action, or claim. All contractors and other employees engaged in construction of the improvements shall maintain adequate workmen's compensation insurance and public liability in- surance coverage. And shall operate in strict accordance with "Occupational Safety and Health Act, " and/or any regulations imposed by the Industrial Commission of the State of Colorado. 5. Acceptance: Upon completion of said construction according to the terms of this agreement, the improvements shall be accepted by the County after written approval is received by it from its duly authorized inspecting agent. Upon such acceptance of subdivision, all assignable improvements shall automatically become public facilities and the property of the County. 5. 1 If desired by the County, portions of the improvements may be placed in service when completed, but such use and operation shall not constitute an acceptance of said portions. 5. 2 The County may, at its option, issue building permits for construction on lots for which the subdivision improvements detailed herein have been started but not completed, and may continue to issue building permits so long as the progress of work on the subdivision improvements throughout the develop- ment is satisfactory to the County; and all terms of this agree- ment have been faithfully kept by Subdivider. 6. Maintenance: During a period of one year from and after the final acceptance of the subdivision improvements, the Subdivider shall, at its own expense, make all needed repairs or replacements due to de- fective materials or workmanship which, in the opinion of the County, shall become necessary. If, within ten days after Subdivider's receipt of written notice from the County requesting such repairs or replace- ments, the Subdivider shall not have undertaken with due diligence to make the same, the County may make such repairs or replacements at the Subdivider's expense. In the case of any emergency, such written notice may be waived. 7. Subdivider shall furnish to the Board of County Commissioners as a guarantee of compliance with this agreement: 1) Cash escrow deposit, or 2) Bank letter of credit, or 3) "Sub Division Bond" issued by surety company authorized to do business in the State of Colorado, or 4) Demand Note signed by qualified obligors acceptable to the Board of County Com- missioners. Amount of any of the above guarantees shall be set by the Board of County Commissioners and amount of guarantee may be adjusted as portions of work are completed and accepted. 8. Successors and Assigns: This agreement shall be binding upon the heirs, executors, personal representatives, successors, and assigns of the Subdivider and upon recording by the County shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. - 3 - • IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 15 ATTEST: Clerk of the Board APPROVED AS TO FORM: County Attorney (Subdivider) By: (Title) ATTEST: (Title) - 4 - SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" Date :August 8, 1974 Name of Subdivision : FROMAN RANCHETE Location : T SOUTH I of THE SOUTH y of THE NORTH WEST C?TARTFR4Ff TTnN �R m 1 TT,R65 W. Intending to be legally bound , the undersigned subdivider hereby agrees to provide throughout this subdivision and as shown on the subdivision plat of FROMAN RANCHETTE , dated July 29 , 1974 , the following county improvements . (Leave spaces blank where they do not apply) Estimated Construction Unit Construction Completion Improvements Cost Cost Cost 1 Street grading 2,950 nn Street base 750.00 Street paving 6,300.00 Curbs , gutters & culverts Sidewalks Storm Sewer facilities Retention ponds 1 Ditch improvements Sub-surface drainay a g9.00/ft. , 360 00 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 150 no Street lighting Street name signs 2o.QQ Fencing requirements Landscape proposal Park improvements SOD TOTAL 9.890.00 Supervision Cost 160.00 Engineering Costs ( testing , inspection , as=built plans and work in addition to preliminary and Final . Plat) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 9 990 on SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" (continued) The above improvements shall be constructed in accordance with all County requirements and specifications , and conformance with this provision shall be determined solely by Weld County , or it' s duly authorized agent. The improvements shall be constructed in accordance with the time schedules shown above. ignature of Sub ivi er ( If corporation , to be signed by President and attested to by Secretary, together with the corporate seal . ) Dated : August 8 , 1974 • ACCEPTANCE Approved by resolution of the Board of County Commissioners at the meeting of October 9 , 19 74 THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO : CLFWJ � � �: � JJ ATTEST: � �� _- Clerk to the Board • By Deputy County Clerk APPROVED AS TO FORM: County Attorney SURROUNDING PROPERTY OWNERS Z-229 & S-114 Claude Fyroman rly Floyd Martin Rt. 1 , Box 199 Brighton , Co 80601 Len Pettinger Rt . 1 , Box 203 Brighton , Co 80601 Leonard Brandt Rt . 1 , Box 202 Brighton , Co 80601 Richard Huhman 2305 W. 92nd Ave . Denver , Co 80221 A . E . Pilkington 25 Cherry St. Denver , Co 80220 RECORDING DATA - P._.TS NAME OF SUBDIVISION /Lf9 �'-� o NAME OF SUBDIVIDER ��� nri✓ I C�), 1e LOCATION OF SUBDIVISION .9/.27/1) / r`.0' � 1Lete(1a DATE OF RECORDING 0CT 30 1974 ROOK 726 RECEPTION N 1641648 S. LEE SHEHEE, JR. NTY CLERK {D RECORDER .,! DEP V COUNTY CLERK & RECORDER Hello