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HomeMy WebLinkAbout710580.tiff DEDICATION OF PERPETUAL RIGHTS-OF-WAY WILLOWOOD SUBDIVISION RANGE 66, TOWNSHIP 5 NORTH, SECTION 14: NEI: 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 be if of the public in Willowood Subdivision, being a subdivision located in2%Ord*8 iW 011 PtFer(lAINEj) of Section 14, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado, being more particularly described as follows: Commencing at the North Quarter Corner (N4 Cor) of said Section 14, and considering the North Line of the Northwest Quarter of the Northeast Quarter (NWINE+) of said Section 14 to bear South 87° 50' 00" East and with all other bearings contained herein relative thereto: Thence South 87° 50' 00" East, 585.40 feet to the True Point of Beginning; Thence South 87° 50' 00" East, along the North Line of the Northwest Quarter of the Northeast Quarter (NW*NE'*) of said Section 14, 406.15 feet; Thence South 01° 15' 00" East, 948.90 feet; Thence South 87° 53' 00" East 475.00 feet; Thence South 01° 23' 00" East, 383.70 feet; Thence North 87° 51' 40" West, 1,511.58 feet; Thence North 00° 38' 50" East, 754.05 feet; Thence North 74° 16' 40" East, 90.93 feet; Thence North 45° 34' 00" East, 628.14 feet; Thence North 31° 32' 00" East, 106.00 feet to the True Point of Beginning. Said Tract of Land contains 30.683 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 post a bond in the sum of $41,850.00 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 trot said bond shall continue for one year after completion of said roads or unless sooner released by action of the Board. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES: ati_xiee THE BOARD OF/ COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 3, 1971 MB 37: y4"z R&B Subdvn by name CC: Planning Comm 7105Rn • BEFORE THE -WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENEATION TO THE BOARD OF COUNTY COMMISSIONERS CASE NO. S-92 9/22/71 APPLICATION OF Tri -City Development Co . - - - - Address 3420 W. 16th St . , Greeley , Colorado Moved by Glen Anderson that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the Subdivision Plat Willowood....S.Ubc.i.Y.isiOP located on the following described property Weld County, Colorado, to-wit: See attached legal description . be recommended (favorably) 40A@}mOktk to the Board of County Commis— sioners for the following reasons: Meets present Subdivision Regulations subject to the following letter of approval from Grapevine Ditch Co . , for easement , bond for road construction based on $7 . 50 per lineal foot , lable set back lines and show a 1 ' strip for non-road purposes . Amount of bond - $41 ,850 .00 Motion seconded by J . Ben Nix Vote: For Passage: ._G.Ien...An.de.r.s.o.n , Against Passage: 'John._Wats.o.n The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case. to the Board of County Commis- sioners for further proceedings. PC - S-005 CERTIFICATION OF COPY I, Dorothy.. Hill. , Recording Secretary of ;field County Plan- ning Commi8sion, do hereby certify that the above and f;regcing Resolution is a true copy of Resolution of Planning Cciu::isson of l;eld County, Colorado, adop- ted on _ Sept.. . 21 ,. 1971. "id recorded in ?cc.: iVo. .. _LLI Pane No. , of the proceedings of sc;.d Planning Cot:::.._ssion. Dated this 22nd. day cf Sept... , 19.71 . RecordingSec y ret ,Vild Cc* my Planning Commission • ' LEGAL DESCRIPTION - WILLOWOOD All that part of the Northwest Quarter (NW 1/4) of the North • - east Quarter (NE 1k4) of Section Fourteen (14), Township Five (5) North, Range Sixty-six (66) West of the 6th P.M. , lying South and East of a line described as follows: Commencing at the North Quarter corner of Section Fourteen (`i4), Township Five (5) North,o ange Sixty-six (66) West of the 6th P.M. ; thence South 87 50' East along the North boundary of Section • Fourteen (14) , 585.4' to the point of beginning; thence South ° o 31 s2' West a distance of 106 feet; thence South 45 34° West a distance of 628.14 feet; thence South 74° 11' West 89.65 feet to the West line of the Northeast Quarter (NE 1/4) of Section Fourteen (14) , and excepting therefrom the following des • - cribed ten-acre tract: Commencing at the Northeast corner of • said Section Fourteen (14); thence North 90° 00' 00" West • along the North line of said Section Fourteen (14) a distance of 1466.40 feet to the true point of beginning; thence South 3° 25' 00" East a distance of 948.50 feet; thence South 89° 57° 00" West a distance of 475 feet; thence North 3° 25' 00" • West a distance of 918.50 feet, . more or less, to the North . • line of said Section Fourteen (14); thence East along the North line of said Section a distance of 475 feet to_the_crue port of beginning. •Conveying-herewith-three-acre feet equivalent • or water- ;ic':--acre conveyed by transfer of either contract right under the Loveland and Greeley Reservoir or the Greeley and Loveland Irrigation Company, and together with right to connect to sewer line serving the West High Sc .00l upon pay- ' mew:. of City of Greeley tap ,fees. • - . - • • . - • Bond No. 176)x253 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we, WOOD BROTHERS HOMES, INC. of Denver, Colorado as Principal, and THE TRAVELERS INDEMNITY COMPANY as Surety, are held and firmly bound unto BOARD OF COUNTY COMMISSIONERS, WELD Comm, COLORADO , (hereinafter called the (ClEitiafl) (Owner) in the penal sum of Forty One Thousand Eight hundred and No/100 dollars ($14,800.00 - - - - ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, admin- istrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract, hereto attached, with the (Q sx ctpj) (Owner) dated 19 , for Street and gutter improvements for Willowood Subdivision, NW4f NE1 , of Section 14, Township 5N, Range 66W, Weld County, CO. which Contract and the Specifications for said work shall be deemed a part hereof as fully as if set out herein. NOW THEREFORE , if the Principal shall well and truly perform and fulfill all the under- takings, covenants, terms, conditions, and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the (CCIMEI tax) (Owner) with or without notice to the Surety, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, con- ditions, and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived, shall prompt- ly make payments to all persons supplying the principal with labor and materials in the prose- cution of the work provided for in said Contract, and any such authorized extension or modifi- cation thereof, then this obligation to be void, otherwise to remain in full force and virtue. AND THE SAID SURETY, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be per- formed thereunder or the Specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension 6f time, alteration or addition to the terms of the Contract or to the work or to the Specifications. IN WITNESS WHEREFOR, the above-bounded parties have executed this instrument under their several seals this 25th day of October , 19 7], the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned re- presentative, pursuant to authority of its governing body. ATTEST: WOOD BROTHERS HOMES, INC. Principal BY: c1la o. ffix Corpor to al £/- 1 THE ELERS IND MNITY COMPANY_ Corp ate Surety HY Robert J. Sun Ch,Attorney-in-Fact 101 University Blvd., Denver, CO. 80206 Business Address S-1522 NEW 1-54 • . _ • The Travelers Indemnity Company Hartford, Connecticut POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Gary F. Chinn, L. M. DeHaven, Gary R. Hanson, Herbert J. Harris, M. J. Saucier, E. K. Smith, Robert J. Sunich, all of Denver, Colorado, EACH 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,consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and to bind THE TRAVELERS INDEMNITY COMPANY thereby,and all of the acts of said Attorney(s)- in-Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by-laws of the Company which by-laws are now in full force and effect: ARTICLE IV,SECTION 13. The Chairman of the Board,the President,the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee,any Senior Vice President,any Vice President,any Second Vice President,any Secretary or any Department Secretary may appoint attorneys-in-fact or agents with power and authority,as defined er limited in their respective powers of attorney,for and on behalf of the Company to execute and deliver,and affix the seal of the Company thereto, bonds, undertakings, recognizances,consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney- in-factor agent and revoke the power and authority given to him. ARTICLE IV,SECTION 15. Any bond, undertaking, recognizance,consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, the Chairman of the Finance Committee,the Chairman of the Insurance Executive Committee,any Senior Vice President,any Vice President or any Second Vice President and duly attested and sealed,if a seal is required, by any Secretary or any Department Secretary or any Assistant Secretary or when signed by the Chairman of the Board,the President,the Chairman of the Finance Committee, the Chairman of the Insurance Executive Committee,any Senior Vice President,any Vice President or any Second Vice President and counter- signed and sealed,if a seal is required,by a duly authorized attorney-in-fact or agent;and any such bond,under- taking,recognizance,consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority granted by his or their power or powers of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 30th day of November, 1959: VOTED: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes that dated March 12, 1970 on behalf of Gary F. Chinn, L. M. DeHaven, Gary It Hanson, Herbert J. Harris, M. J. Saucier, E. K. Smith IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has fN!d these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this day of April 19 71. THE TRAVELERS INDEMNITY COMPANY uiotMNe Wa,�........,.: By t` SEAL .'O Ot Secretary, Surety State of Connecticut, County of Hartford—ss: 1971 On this 13th day of April in the year before me personally came E.A. Houser III to me known,who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; that he is Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corpo- ration; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of his office under the by-laws of said corporation, and that he signed his name thereto by like authority. s. oafs ar NOTARY 3'" *SI. PUBLIC ` * Notary Pudic o"ovEcnc• My commission expires April , 1974 5-1669 PRINTGO IN U.S,LI. 671 w (Over) • CERTIFICATION - I, D. J. Nash, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY certify that the foregoing power of attorney, the above quoted Sections 13. and 15. of Article IV of the By-Laws and the Resolution of the Board of Directors of November 30, 1959 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this 25th day of October 19 71 OD l'SANE tiM ? 5 EAL 1'O Assistant Secretary, Surety etk.. tie 5-1869 (BACK) i 1�9aP'8ISit�3i lhOtI&8lLii •w1r 1L6l i AON -0100'Ail33tlt1 SH3MOISSIVIWO3 '03 013M SOUTHARD AND SOUTHARD -- ATTORNEYS AT LAW FIRST NATIONAL BANK BUILDING GREECE Y,GOLORADO CHAS.E.SOUTHARD (1893'1980) , TELEPHONE 80631 303-363-1292 WILLIAM H.SOUTHARD October 18, 1971 �,L�g141�Fli j�f�•'., Mr. Burman Lorenson r- ;C c^ Le `, Planning Director so 'SriAig O Office of the Weld County Planning Commission It Greeley, Colorado 80631 �`y ; "' Dear Mr. Lorenson: On behalf of the Grapevine Lateral Company and the Bitter— sweet Lateral Company , we have been requested to respond to the way the Willowood platting will affect the rights—of—way of these two ditches . The Board of Directors of both ditch companies have instructed .us to approve this planned development of the land ro��vided�tha o i c compan es , respec ive y , s is e `5eld harmless rroom any future damages by reason of operation of their ditches , such damage being of the nature similar to seeping or flooding of basements . We are particularly mindful of the fact that it is diffi— cult to control the flow of water in ditches were subdivisions are developed because children playing in the water and other such problems frequently will break the ditch banks , causing water to flow where it is not directed and in case such would occur, whereby some person's basement would be flooded or their landscaping destroyed, the two ditch companies would insist that they be saved harmless by the developers from any such liability . An additional problem would be that until these ditches are discontinued as to their use by reason of development of the land for other than agricultural uses , there may be some public clamor or future regulation or law requiring that the ditch be covered and in such instance the two ditch companies would insist that they be saved harmless from any expense or cost incident to complying with any ditch covering law. Yours very truly, SOUTHARD SOUT ARD By WHS :J w�3 � oil �. \\\ : : j : / \ } i / \\ t »l E 2 :: | \ \| | 1 4i 4 444 \ j] . \ 1\ I .I } : { ) \I ( . . k( \{ \ \ . . \{ } } ' 'i1'I < . \ \I \ y Hello