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
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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
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' 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. • -
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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
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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)
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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
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