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HomeMy WebLinkAbout730990.tiff • % zitl ./ DEDICATION OF PERPETUAL RIGHT-OF-WAY SANDY KNOLL ESTATES: 2ND FILING PART OF THE SOUTHEAST QUARTER (SE4) SECTION 20, TOWNSHIP 5 NORTH, RANGE 64 WEST WELD COUNTY, COLORADO BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado, that they hereby approve the dedication of the perpetual right-of-way over the public roads, streets, highways and easements in behalf of the public in Sandy Knoll Eastates, 2nd Filing, being a subdivision located in the Southeast Quarter (SEi) of Section 20, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: A tract of land located in the Southeast Quarter (SE4) of Section 20, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Commencing at the East Quarter Corner (EiCor) of said Section 20, and considering the East line of said Section 20 to bear South 00°03'30" East, with all other bearings contained herein being relative thereto; Thence South 00°03'30" East along the East line of said Section 20, 893.78 feet; Thence South 89°11'30" West, 50.00 feet to the True Point of Beginning; Thence continueing South 89°11'30" West, 1117.01 feet; Thence along a curve to the left whose radius is 2,119.24 feet, whose interior angle is 04°54'00" and whose long chord bears South 86°44'30" West, a distance of 181.18 feet; Thence South 84°17'30" West, 1298.46 feet to the West line of the Southeast Quarter (SE4) of said Section 20; Thence South 00°04'29" East along the West line of the South- east Quarter (SEI) of Section 20, 211.02 feet; Thence North 84°17'30" East, 1248.89 feet; Thence North 89°11'30" East, 807.19 feet; Thence South 00°03'30" East, 197.00 feet: Thence North 89°11'30" East, 540.00 feet to a point on the Westerly right-of-way Lire of County Road #53; Thence North 00°03'30" West along the Westerly Right-of-way of said County Road #53, 420.00 feet to the True Point of Beginning. Said described tract of land contains 15.332 acres, more or less. 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 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 post a bond in the sum of $5,000.00 to guarantee absolute compliance with County Road specifications and that said bond shall continue in effect until released by action of the Board. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: _'2f-zC-c41/("'f4";S \- iv T� OF41NT1COMMISSIONERS WELD UNTY, COLORADO DATED: APRIL 25, 1973 730990 gin.! ,g9.19‘, • • NOWI'INaSTGRN NATIONAL IN::SURAP:CE GIZOUF SUB-DIVISION OID KNOW ALL KEN 131 THESE PRESENTS, That Robert L. Hoff and Barbara J. Hoff of Kersey, Colorado As Principal and Northwestern National Insurance Company of Milwaukee, Wisconsin, a Wisconsin Corporation as Surety are held and firmly bound unto County of ':field �in the penal sum of Five Thousand n.nd No/100 DOLLARS (16,000.00) for which payment well and truly to be made and performed, we and each of us do hereby bind ourselves, our heirs, executors, administrators, :successors and assigns, jointly and severally and firmly by these presents. WHEREAS, Robert L. Hoff and Barbara J. Hoff , Principal, has made application to the County of Weld for a formal plat named • Santy Knells Estates, Second Filing _ _ and WHERMS, said plat shows thereon, among other things, a tract or parcel of land named Sandy Knolls Estates, Second. Filing and •:;I{F;rFAS, this above bounden Principal as Owner of the aforesaid tract have; agreed to and with the County of Weld to (1) Pave Davis Pond South of .Sandy Knoll Blvd. (2) Pave Sandy Knoll Place (3) Installation of two 2" Fire Hydrants (4) Installation of street sins and .survel pedestals in streets in the said tract of land, at its own expense, said Paving, Fire Hydrants, Siins and Pedestals to be completed in a manner acceptable to and approved by the County of Weld. NOW T;{i; ; FOH , the condition of this obligation is such that, if the above plat is finally approved by the County of Weld and if the said Principal shall in all things do and perform the i;'avins, Fire Hydrants, ,Signs and Pedestals in the manner specified and shall fully and faithfully do and perform each and every matter and thing to be performed by the said Princir..al according to the terms and conditions of this bond, and shall comply with all the re;;uiremcnts of the law of the County of '.field. Executed this 8!h day of January A. D. 1973 at Greeley Colorado. ROBERT L. HOFI' AND BARBARA J. HOFF Mr) j)• 4/..../ . ri ncipal ' )71' ��vk Principal 1( • \' t NORTHWESTERNNATIONAL INSURANCE COMPANY $ OF HIL AUKEE;, WISCONSIN �e • ` 1� 1 Attorney-in-fact Q\i• V r L! ." NO I ESTERN NATIONAL INS..�CE COMPANY e rn OF MILWAUKEE, WISCONSIN A STOCK COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin corporation,does hereby make, constitute and appoint Norman D. Noe, Gladys L. Conrady, Ronald H. Gieck, each of Greeley, Colorado its true and lawful Attorney(s)-in•Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances or other written obligations in the nature thereof and to bind NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of the By-Laws of the company, which are now in full force and effect: Article II, Section 1. The business and property of the company shall be managed and controlled by the board of directors. Article III, Section 1. ..The board of directors may appoint additional officers and agents to perform such duties as may be assigned by the board of directors. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN at a meeting duly held on May 14, 1963. RESOLVED that the president, any vice-president or assistant vice-president, In conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment In each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-In-fact m agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company (I) when signed by the president, any vice-president or assistant vice-president, and attested and sealed (if a seal be required)by any secretary or assistant secretary; or (ii) when signed by the president, any vice-president or assistant vice-president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this 27th day of June 19,,,72, ins'•- NO HW STERN NATIe: AL IN ANCE COMPANY OF MILW' lr� in MILWAUKEE: -...et WI5. ! ..�� �.. ..... ..� •/�,^�J/) jam\ - ie rah ^` ' 8+ t. Vie Pmidanr/ ' Secretary STATE OF WISCONSIN, COUNTY OF MILWAUKEE—ss On this ...27th day of .......J.une A.D., 19 ..72., personally came before me, Donald...L......Boxen and Robert P. Falat to me known to be the individuals and officers of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, who executed the above instrument, and they each acknowledged the execution of the same,and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officerswere duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. rl aT/g4��. Notary Public .. . ... ... .. .. ♦ N a �� •r My Commission Expires December 23, 1973 IIYY// STATE OF WISCONSIN, COUNTY OF MILWAUKEE—ss CERTIFICATE I, the undersigned, assistant secretary of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. Signed and sealed at the City of Milwaukee this day of nu"r i itoe tla-Tel +'PO MAI/Nf`.,,, , i, ♦ ssistant Secretary •'!n MILWAUKEE [ erald L. Siegel ., wis ,. do" 1169 {racy. y,,�. �`yS.�yRa' T i-i'.0 Y'�•J21m-lY1 jir �i - ,,,, ... ,..... , . %- ,, , . .,.. . ,..,..... i , / . .... , .2 i \._i.,,,,...../. ,:.., ..., Al. „... _ _ _ ,_ ,) ../. 7 \ J _. / _. „ . ,._ i;Ise l'., ,,,,t, i Q is i> • • vvu,,, �.s.vA imidRuVEMENTS AGREEMENT EXHI li i "A° Data : il „ 0._ 2-- &iii e of Sir CJ Q l V $ 1 071 : SO ar Qr. I1 ' �'. Location : SE V ,',ter.din,2 to legally bound , the undersigned subdivider hereby agrees ;:o provi . throughout thus subdivision aiid as shown on the subdivision plat of ,4,Je AA.d( Pc4ies �`ir, dated CJ� -,L,./ , 19244 the following, county impri>jvei;ients . ,/ ( crave spaces blank where vthey do not apply) Estimated Construction Unit Construction Completion Improvements Cost Cost Cost .tr: e : grading ,5-3,6— ! OK . jStrest base (.5'35/ I ,S •20/1-r. /4/5,21 ',Street oev nq ..SJ'oef i.u:^bs , cuttas"s & culverts • I : e Ks ` n r,onds i I c,ce ..rainage Sa.:: sr=.wers TrirH: r': forced lines i I/1 ;s \1 q :,Jr. tis ITtisce eNull --- I 'J ; Sewana frci1ities 7n-site 'dater supply u storage to mains V*3 hyti:^ants ¢ wo :.leo,00 5-400reran i ::survey & street monuments & boxes�� ; .exeD_,,,,&jcd 700. 00 i treat lighting 'Street rase signs :3 .5AA/5 40,0V --„ 1,,-1/or/ iii 0 o. o 0 Wenc'i dL�; requirements l'n� :Len capa proposal `s :orovements i I i T i / Supervision Cost /Q "�Iy 3‘ D„w Engineering hosts ( testing , inspection , as=built plans and work in addition to preliminary and Final . Plat) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 0??? 4 2.2OJ 111 . _ TM l� lY .rrv✓✓. : ..J.vl .1'1.'�ul �i:l l..ill lJ T:U II C11 ii\ 1 A(ila { A ‘cont; nbea j _ oe^,{ c AA with I,L' 4wo�lG ;JI��(VVI:/.I�:ub iu4 + LV CVi,? b.^N1.�+CU IiY UI.COruGS1Ye ��ri �n all J�nty unj JJi...44 •I 1..ut chJ , and conformance with this p:oV'i Sion s:'ail bQ ,:e er, is solely by Weld County , or it' s duly Cnetnor Ll:u a ell O. The oho{ be constructed in accordance with the time shown Sig ature of Subdir ( if corporation , to be signed by President and attested to by Secretary , together with the • corporate seal . ) //— /O — . 1922-- ACCEPTANCE :;p 'JV:)r;, by rtE.v > 4lritJl: 0' the /Jadrd or l.durq l. orN/jti5S /DliP✓5 &' ✓, ,:y ,f1r'i 1 o�S - . 19a. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO i t (c_ .l _ Qa,, -L, � 4� _ Clerk to the card Deputy County Clerk • AP A0V" AS TO FOA Y� ho,.or ey • SE DIVISION AGREEMENT MS AGREE:KENT, made and entered into this lbth day of Abe✓eNeL:r �..:.Ee 1972 by and betel r the County� �yWe+ld, olorado, here'nafter called "County", and �1, ,j hlcr-c . a-ret S No-hc hereinafter called "Subdividern. WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: • W EREAS a final plat of� said property, �� known as S 1J L FS/a"'4S S{� C t".,..Q// has been submitted to the County for approv#; 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. Engi.neering 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. Li� ilts-of-+ay and .Easements: Before commencing the coil-. st uetion of any imi,r overt eats herein agreed upon, Subdivider shall ac uire, at its OW11 goon and sufficient rights-of-way and ease- ments on Lai. li:uldu and fac:ii:;ies traversed by the proposed improvements. suCh rights-of-Way and easements shall be conveyed to the County •a.nd the documents of conveyance shall be furnished to the County for recording. 3. Construction: Subdivider shall urnish 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 conforrnance to the drawings approved by the County and the specifications adopted by the County .or public works projects. Whenever a. subdivision is ,.roposed within three miles of an incorpor- • ated community located in the County or located in any au:;acert county, the subdivider shall be -required to install improvements i1F 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 stand,?.i d;s 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 'nay 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- �. said e ii,::y any aoci all judgments rendered against ..e Co:i .y :: 4 Gait of any such suit, action, or claim, together with ca.-.3 able enpeni.tes and attorney's fees, incurred by County in de:ea.:ling ouch suit, action., or claim. All contractors and other en.-,,;oyes e nag c i. oonstraction of the improvements shall maintain a ate v o kmea's compensation insurance and public liability in- surance coverage. And shall operate in strict accordance with v.:%upativ:iul Safety a:"!i: Hi;a<l:i: Act, " 3ndlOr any rEgUlatlOilS imposed oy the Industrial Commission of the State of Colorado. .,. Ac;J o.ance: Upon completion o said construction according to the terms of ihi ; agreement, the improvements shall be accepted by tin. jaunty a.a.er writtenapproval is received by it from its duly authorized inspecting went. Upon such acceptance of subdivision, all assignable rover.ants shall anornatically become public facilities and the property of the County. • 3. 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. 3. 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. • u. Viaintenance: During a period of one year from and after the final acceptance of the subdivision improvements, the Subdivider shall, at its own e} sense, 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 WIT RESS W:=,..:.-CF, the parties hereto have caused this aL;raarne, t -to be executed on t:,-: day and year first above written: BOARD OF COUNTY COMIVIISSION.ERS WELD COUNTY, COLORADO k /ia�•--- A 71-1i��r c ^� ��( i ,(t \ —��1«LY J ti T 8 1 L. ATT'T'S i t .L . C(ndi4414trnW C"12IC . CAIN: 1O2.1.: �jdy`_Deputy County Clerk �O ED AS FORM: ounty F ttorne oc i /7 . (Subdivider) By: 6,1-O-1...e._yr " (Title) ATTEST: (T - 4 - , ,,, Lnf ..^�, 11 a L7^'. ; a . . .. ', • - 1']p 'OS .,t. r'rr._ 1.4- ;' _ • • • r r • . • e 'f County Road `5) ; County Road # 53 r _. ,., • r�.i� or 1 ' + ❑er b;; _ 'minty -^Lt_ and nal ass e own- • ri nnt, ^n^ -c-:or'da:jr`r, with t'n it—in4 Ind n, rpm:, ri of. ._- 3a-, ^t the rtr:ording o' _ris ' • BEFORE THE ,WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS CASE NO. S-101 12/20/72 APPLICATION OF Robert Hoff Address Rt . 1 , Box 314 , KerSey , Colo . . ..... . .... .... . . .... .. .. . ... .. ........... ... Moved by J . Ben Nix that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the Subdivision Plat Sandy Knolls Estates , Second Filing located on the following described property Weld County, Colorado, to-wit: See attached plat be recommended (favorably) (unVevanattO to the :,card of County Commis- sioners for the following reasons: Follows the approved preliminary plan . subject to the following County Commissioners acceptance of land dedication and subdivision improvement agreement and bond . Showing no access to County Road 53 from Lots 1 & 2 , Blk 2 . Motion seconded by John Watson Vote: For Passage: Glenn Anderson Against Passage: Bill Elliott J . Ben Nix Elmer Rothe John Watson The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commis- sioners for further proceedings. CERTIFICATION OF COPY I Dorothy Chldnda Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on Dec . 19 , 1972 and recorded in Book No. III Page No. , of the proceedings of said Planning Commission. Dated thilOth day of Dec . , 19 72. ��� !t ells .c.da-- Recording Secretary' Weld County Planning Commission Hello