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Home My WebLink About720642.tiff • i DEDICATION OF PERPETUAL RIGHTS-OF-WAYS NORTHWEST ESTATES SUBDIVISION FIRST FILING: 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 Northwest Estates, First Filing, being a subdivision located in the West Half of the Southwest Quarter (W-12SW4) of Section 29, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and being more particularly described as follows: Beginning at the Southwest Corner (SWCor) of said Section 29, and considering the West Line of the Southwest Quarter (SW4) o£ said Section 29 to bear North 00° 34' 03" East and with all other bearings contained herein being relative thereto: Thence North 00° 34' 03" East, along the West Line of the Southwest Quarter (SW4) of said Section 29, 2450.00 feet to a point from which the West Quarter Corner (W4Cor) of said Section 29 bears North 00° 34' 03" East, 192.69 feet; Thence South 89° 25' 57" East, 300.00 feet; Thence South 00° 34' 03" West, 421.88 feet; Thence along the arc of a circular curve to the left having a radius of 270.00 feet and a long chord that bears South 12° 31' 06" East, 122.26 feet; Thence South 25° 36' 14" East, 550.90 feet; Thence along the arc of a circular curve to the left having a radius of 170.00 feet and a long chord that bears South 43° 10' 17" East, 102.62 feet; Thence South 60° 44' 20" East, 121.05 feet; Thence South 29° 15' 40" West, 586.09 feet; Thence along the arc of a circular curve to the left having a radius of 370.00 feet and a long chord that bears South 21° 31' 33" West, 99.60 feet; Thence South 13° 47' 25" West, 119.24 feet; Thence South 35° 47' 10" East, 633.95 feet; Thence South 00° 40' 20" West, 50.00 feet to a point on the South Line of the Southwest Quarter (SW4) of said Section 29; Thence North 89° 19' 40" West, along the South Line of the Southwest Quarter (SW4) of said Section 29, 779.19 feet to the True Point of Beginning. Said tract of land contains 27.832 acres. and BE IT 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 furnish a demand note in the amount of $11,750.00 in lieu of a bond as recommended by the Weld County Planning Commission. The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote: AYES 6 / B A CO Y SSIONERS WELD COUNTY, COLORADO Dated: February 16, 1972 r yy 720642 �n.`i "cam✓ �.- vC'�-. d // + • BEFORE THE -WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS CASE No.S-86 10/20/71 APPLICATION OF Foster and Schott Farms Address Rt. 1 , Box. 59 , Windsor , Colorado 8.0.5.50 Moved by J , Ben Aix 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 Northwest Estates - .1.s.t... F.i.l..i..n.g . located on the following described property Meld County, Colorado, to-wit: See attached plats be recommended (favorably) (w tmvitrgbiyi to the Board of County Commis- sioners for the following reasons: Meets subdivision requirements subject to the following Bond for 11 ,750 .00 Motion seconded by John Watson Vote: Abstain,: For Passage: F.hi..l.i.p.. B.ow-les AgA343 1(e'RCRtgAec Glen .Anderson-- . J . Ben. Nix Jo.h.n. ..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. PC - S-005 • • • CERTIFICATION OF COPY Dorothy Chldndd Recording Secretary of Weld Count Planning I, , 9 Y Y 9 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 Q.Ct._....19, 1971 , and recorded in Book No. LI L , Page No. , of the proceedings of said Planning Commission. Dated this 2,0.th.... day of Q.c.t.ab.e.r , 19 7:1• Recording Secrets , Weld County Planning Commission • Amount of Note $11,750.00 Greeley, Colorado February 14 , 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 Eleven Thousand Seven Hundred Fifty_ and_: 100 - _ Dollars (5 11 750.00 ) with interest at ten percent (IQ%) 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 Subdivision Agreement dated February 14 , 19 7, �, and guaranteeing installation of certain improvements in—said subdivision by February 14 , 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 agreement. 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 ;rakers, 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 mat- urity or in case of default (whether by suit or otherwise) ten percent (10S) , additional on amount due shall be allowed the holder as attorney fees. If the improvements as shown on Exhibit "A" 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. -- • � V Accepted by the Board of County Commissioners, Weld County, Colorado February 16 _, 19?2 . THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO •�j)1 r- / /�' ��, r'%�% ATTEST: / r -...1� !I- act ��V \// Clerk to the"=Board �i.,�_,�. l./°i')� Deputy County Clerk .71- .r ;, • ( /:c / , . • , „ S �0 FORM:_ /W PROVED i�_}��F3% 1-1 _ • • • // f:Ol)iJ L 1 AT OR ;EY r /� j. • 1 SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 19th day of January, 1972 by and betwee he County o Weld, Colorado hereinafter called "County", and s c_.) L"'7-„ez err«� hereinafter called "Subdivider". WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: SEE ATTACHED LEGAL DESCRIPTION WHEREAS, final plat - 4iidd -property, known as zp /ty,„diT has been submitted to the ounty 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 furri, 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. i 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, 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. ?. 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 _ j • 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 /1-1--,An )/(it , _ J &XL-as-1J ATTEST: Cfn14 / C erk f the Boar VED AS FORM: unty A or e Y (Subdivider) By: " / 7d y �C43. w , �j /77/ (Title) ATTEST: - '�- (Title / 51"'i, esTsns !ht. 10. 1974 - 4 - • • EXHIBIT "A" AS1"cr �(!/l0/1 I. THE SUBDIVIDER WILL CONSTRUCT ALL STREETS SHOWN ON NORTHWEST ESTATES FIRST FILING. A. ALL STREETS WILL BE SURFACED WITH ASPHALTIC CONCRETE AND WILL CONFORM WITH COUNTY STANDARDS AND REGULATIONS. 2. THE SUBDIVIDER WILL CONSTRUCT A WATER DISTRIBUTION SYSTEM FOR NORTHWEST ESTATES FIRST FILING. A. THE WATER DISTRIBUTION SYSTEM WILL BE DESIGNED AND CONSTRUCTED TO CONFORM WITH ALL COUNTY STANDARDS AND REGULATIONS. 3. THE SUBDIVIDER WILL CONSTRUCT THE AFOREMENTIONED IMPROVEMENTS BY THE FOLLOWING SCHEDULE. A. ALL IMPROVEMENTS ALONG NORTHWEST DRIVE TO ITS INTERSECTION WITH LEE LAKE AVENUE WILL BE CONSTRUCTED BY JANUARY 25, 1973. 7, d B. ALL REMAINING IMPROVEMENTS WILL BE CONSTRUCTED BY JANUARY 25, 197y, /` • • • • � RECORD OF PROCEEDINGS 100 Leaves FORM=.0 C.F.NOECKEL B.B.B L.CO. Tape 72-38 BOARD OF COUNTY COMMISSIONERS May 22, 1972 AND PLANNING COMMISSION MEETING TOPIC: PROPOSED SUBDIVISIONS Foster & Schott This proposal was noted by the Weld County Planner as being all in order with necessary )demand note in the amount of NORTHWEST ACRES, $17,550.00, together with a financial statement. After some SECOND FILING discussion as to water, health, financial statement, etc. , the County Attorney reviewed the file and stated everything seemed to be in order. It was agreed to accept this plan as is. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Gi;n44/ COUNTY CLERK RECORDER AND CLERK TO`THE BOARD B��`Galfr-� Deputy County Clerk / i� C ✓ N? ,�' • • RECORD OF PROCEEDINGS 100 Leaves FORM 1e C.R.HOECKEI 6.B.6 L.CO. BOARD OF COUNTY COMMISSIONERS February 14, 1972 AND PLANNING COMIESSION MEETING TOPIC: PROPOSED SUBDIVISIONS Rieker, Haney Mr. Lorenson reported that all requirements has been met and letters R Smith regarding sewer, water and road specifications were on file. Also, a demand note in the amount of $17,2?_2.53 has been signed and given CHALET WEST, to Weld County in lieu of bond in the amount of $18,802.48 as First Filing recommended by the Planning Commission. It was also recommended by Mr. Lorenson to shorten the time length to two years. This being acceptable with Mr. Rieker, the change was made. After some dis- cussion o£ drainage, a motion was made to accept this subdivision. /� t for acceptance of subdivision Foster & Schott Mr. Lorenson reported this request was all in order with necessary demand note in the amount of $11,750.00 on file. He recommended the time to be changed to NORTHWEST ESTATES, two years and a paragraph added to reflect re-negotiation of First Filing note at the end of two years, if necessary, due to construction r costs. The subdivision was then to be accepted after the changes were made and the demand note signed by both partners. College Green, Inc. It was noted by Mr. Lorenson that the College Green, First Filing c/o Jake .Pfleiger proposal was recommended unfavorably by the Planning Commission to the Board of County Commissioners due to the fact that the Plat does not meet the Planned Unit Development plan filed and COLLEGE GREEN, recorded. This does not show an entrance onto 47th Avenue. First Filing After discussion for and against this request, it was decided to meet at 11:00 A.M. the next day (2-15-72) on the subject property and see if some decision could be reached. E. R. Austin This proposal was noted by the Weld County Planner as being all in order with necessary demand note in the amount of $7,300.00 in hand along with all other requests in order. It was agreed AUSTIN SUBDIVISION, to accept this plan as is. Second Filing THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ` -1 r F / / ��/J �//f 2/%/� /1/ ATTEST: I -7144141 `47::74‘4113° COUNTY CLERK/AND RECORDER CLERK TO TIE BOARD .C 1 /•[75, Deputy County Clerk �. _'"!11f`G,/r rig /'j(c- ArlJ' /Pa j i.1tr1) le /?e, N0 .� C7777=M II 0 • wj 71. , - i.J r-TI i I I} Is I'✓-"r CZ 0 NiF R PS : V..V VAT 1?.'�'I'ice'1:4:r'`.r i �k I� all I I I?EC i r�i r- a.va; ...LEI✓•:..;...J•. ✓1:•... v .z._.r.._.. :.-.::::_c.-:-..!.:::: July 6 , 1)71 Project No. 71-1-SUY-0137 Foster Schott Farms . Route 1 , kox 150 Windsor, CcIoradh CD550 Re: Sterm Prcinape - Northuest Estates Part of the Northwest Quarter (AW1/A) of Section 3?, Township 7 North, Range 67 'dent of the Sixth Principal Meridian, Weld County, Colorado Gentlemen: We have reviewed the general dr•aiAage in the area and specifically, in regard to the proposed sub 'ivision developrent. The land falls from the Northwest Corner toward the Southeast at. approximately a ? percent grade and is presently irrigated crop land. The existing county roads on the North and West act as a barrier to limit, if not prevent, storm water flow from the North and West from entering the pro- nnend CePhdiyicion Ara.3. Within the area, the proposed road system will concentrate stone water at the Southeast Corner. A drainage easement should be provided between Lots 4 and a to the East Line of the subdivision. At this location, the grater will be inter- cepted by the concrete lined irrigation ditch and then distributed to your irrigated field lying to the Southeast of the subdivision. As an alternate, temporary storage could be provided by pending in back part of lots 4 thru 7. It is our conclusion that subdividing this area will not create drainage problems for the future property owners or the county road system. As any excess drain- age that developcs on this property will discharge into your irrigation system and fields, you can take whatever steps are necessary to beneficially use this water. C) 11. 41 Very truly yours, ‘. 4, c'-IN -'s hece � , NELSON, HALEY, PATTERSON and QUIRK, INC. CO 6616 * '° t. 5' 9 Gerald 8 . McRae 4?. al' Registered Professional Engineer d OP CO‘'1,--- Colorado Reg. No. 6616 _ e___ .� GCMC/Sm OFFICES IN GREELEY AND GRAND JUNCTION, COLORADO ,{,:u v1;�4, AI OARD OF DIRECTORS ,j'1 5 ERNEST T IGGES, PRESIDENT a,..., .o, o TOM REED, ,6T VICE PRES. NORTH WELD COUNTY WATER DIS..,.c; M. C. WIDMAIER. 2ND VICE PRES. F,E*'� � - `' FRED BRUNNER JR.,TREASURER LOI-i'; � -� 423 MAIN STREET • WINDSOR. COLORADO 3O550 ADAM RUFF. SECRETARY Y l _1 1 itl\?�:> i O. A. MOORE. MGR. .+� P. O. BOX 40 • PHONE 686.2151 S J Ii May 13, 1971 r 1 ta oster w Schott Farms A" \). (Northwest Estates) ,- 1 • �� t #1 Lox 159 � VJindscd, Colorado 80550 �� Dear Sirs: North Weld County Water District has agreed to deliver three or four water taps to enable Northwest Estates to begin constructic North Weld County Water District has agreed to deliver water to the balance of Northwest Estates, however hydrolic engineerinc, will be required in the area of the Roth Subdivision and the Northwest Estates Subdivision; also there is a possibility that some cost sharing contracts will need to be negoiated between the owners of the afore- said Sutdivisions and the North Weld County Water District. North Weld County Water District has adequate water and filtering facilities to serve the Roth Subdivision and the Northwest Estates Subdivision. North Weld County Water District C-2.74- / j . „ fez ct -! Ur';1,,` C. A. Moore Mgr. L HR 6- ``1 'Ply Yi ( wPS21- -./;:---54--/- 4) doe‘- i c 49FORMSM S FOR REVIEW 14 FINAL PLAT CLEARANCE RECORD THE FOLLOWING CLEARANCE RECORD SHALL BE PROCESSED BY SHE GUDDIVIDER OR HIS REPRE- SENTATIVE AS REQUIRED IN SECTION V OF THE IJELD COUNTY SUBDIVISION REGULATIONS. NAME CF SUBDIVIDER._ HEALTH DEPARTMENT �� / APPROVED BY _...#14(7,�„� 7/ ej _ (NAME) (DATE) SUBJECT TO: /J -y �) -'�-� W/4'1 " /�'/// P._� lq/A/cE -" iii///AAAJ-C9-�V✓ N C9-(,/ .E-K/ V I(J INCORPORATEO CITIFu l!N TD,dS ( 0 BE SIGNED BY A CITY OFFICIAL IF AREA ' IS .WITHIN THE JURISDICTION OF SUCH). APPROVED BY ^ (NAME) (DATE) SUBJECT T0: ELECTRIC UTILITY COMPANY APPROVED BY (NAME) (DATE) - SUBJECT TO: WATER APPROVED BY (NAME) (DATE) SUBJECT T0: • L• l ftiI 1 k %'`' ‘\ \ . ., COLORADO - 'A„ -' .iEALiH 4210 EAST 11TH AVENUE • : rNVER, COLORADO 80220 • PHONE 38S-6/11 R. L. CLEERE. M.D.. M.P.H.. DIMECTOR April 29, 1971 Mr. Robert L. Foster Route 1 , Box 159 Windsor, Colorado 80550 Re: Site Application for septic tank Dear Mr. Foster : Your application for approval of location for septic tank systems to be located in Northwest Estates Suu° ivision , Weld County, Colorado, has been recommended for approval for all lots having single family dwellings . The application is returned to the Weld County Health Department for action on singie family dwelling unit sites. Action on lots _to_have thregt_arld .d-u.ur-plexes will be deferred until. I receive individual applications for each lot. Please include with each application the propose° housing unit, including number of bed- rooms , sizing and location of proposed septic system and percolation rates associated with the proposed leach field area. At present , no problems with these units are anticipated , but with septic systems of large size, care must be taken in sizing and location. FOR DIRECTOR, WATER POLLUTION CONTROL DIVISION ,,---? / Ronald G. Schuyler l/ v District Engineer RGS :bIs cc: Mr. Glen Paul , Director Environmental Health Services Weld County Health Department Cr CG 1�, 71 -- i ' ,- , c,- t 77 / - • • AGREEMENT This agreement between the North Weld County Water District and Robert Foster and Herbert Schott or their successors concerning the delivery of domestic water to the Northwest acres subdivision located in the Northwest quarter (NW-4) of Section thirty-two (32) Township Seven (7) North; Range Sixty—seven (67) West of the Sixth (6th) principal meridian, and the Northwest estates subdivision located in the Southwest quarter (S4) of Section Twenty—nine (29) Township Seven(7) North; Range Sixty-seven(67) west of the Sixth (6th) principal meridian located in Weld County Colorado. a / THIS AGREEMENT, made and entered into this 7) day of 6(( , A.D. 1971 by and between Robert Foster and Herbert Schott hereinafter called "Foster and Schott Farms" and the North Weld County Water District, hereinafter called "District", WITNESSETH: WHEREAS, DISTRICT is at the present time a statutory water DISTRICT organ— ized under the laws of the State of Colorado and owns and operates an established water system; and WHEREAS, DISTRICT operates a system for the diversion, supply, storage, treat- ment and distribution of water to residences of the DISTRICT for domestic purposes within the area served by the DISTRICT in the counties of Weld and Larimer in the State of Colorado; and WHEREAS, FOSTER AND SCHOTTowns the FOSTER AND SCHOTT FARMS and is developing for sale and residential purposes areas platted as the Northwest Acres and the Northwest Estates consisting of approximately 60 building sites; and WHEREAS, it would be mutually advantageous to FOSTER AND SCHOTT FARMS and DISTRICT for DISTRICT to deliver treated water for domestic purposes to Northwest Acres and Northwest Estates. NOW, THEREFORE, it is mutually agreed between the parties hereto as follows: 1. Sale of Water A. DISTRICT hereby promises and agrees to and with FOSTER AND SCHOTT FARMS that DISTRICT will sell treated water to residents of Northwest Acres and Northwest Estates from the DISTRICTS system of water works. The water shall be delivered through the pipe lines of DISTRICT a distance of three feet inside each property line. B. DISTRICT shall own, operate and maintain said lines and appurtenances at DISTRICT expense. C. FOSTER AND SCHOTT FARMS or their grantees will purchase Northern Colo- rado Water Conservancy District Water and transfer the same to the DISTRICT for the DISTRICT ownership or to pay DISTRICT the then established market price of such acre foot unit of water. r • i D. The above mentioned water shall be furnished to DISTRICT as follows; 1. One (1) acre foot per single family residence. 2. One and two—thirds (1-2/3) acre foot per duplex unit. 3. Two and one—third (2-1/3) acre foot per triplex unit. 4. Three (3) acre foot per fourplex unit. 5. If FOSTER AND SCHOTT FARMS purchase water from DISTRICT the minimum cost will be $300.00 per acre foot unit. E. Residents, at all times, shall abide by DISTRICT'S rates, rules and regulations. F. Tap fees shall be paid DISTRICT as follows: 1. 5/S" meter tap $250.00 per single family residence. 2. 5/8" meter tap $250.00 per duplex unit. 3. 3/4" meter tap $350.00 per triplex unit. 4• 3/4" meter tap $350.00 per fourplex unit. 5. Meter taps larger than a 3/4" shall be negotiated between DISTRICT and FOSTER AND SCHOTT FARMS or their grantees. 2. Construction Contribution A. FOSTER AND SCHOTT or their grantees shall pay DISTRICT toward construc- tion costs of water lines and appurtances as follows: $300.00 per single family residence $400.00 per duplex $500.00 per triplex $600.00 per fourplex B. FOSTER AND SCHOTT FARMS shall furnish a tank site approximately 100 feet square and a 30 foot easement to the above mentioned tank site at no cost to DISTRICT. 3. Other Water No party receiving water from the DISTRICTS system in the FOSTER AND SCHOTT FARMS Subdivisions shall make or permit any cross connections to any other water supply. In the event of an emergency, residents of FOSTER AND SCHOTT FARMS Sub- divisions may connect or cross connect to other lines so long as such connections are provided with a back trap to prevent well water from entering into the DISTRICT'S system. 4. Term of Contract The term of this contract shall be for five (5) years beginning day of A.D. 1971 and thereafter this contract shall be automatically renewed from year to year without either party taking any further action to renew ' the same. Any matter which either FOSTER AND SCHOTT FARMS Subdivisions or grant— ees and DISTRICT have to negotiate shall be determined by either party giving written notice to the other party presenting the matter and requesting a joint meeting of the two parties. 5. Severabilitv If any one or more section, clause, sentence, or part of this agreement shall for .any reason be questioned in any court, and be adjudged unconstitutional or invalid, such judgement shall not affect, impair or invalidate the remaining provis— ions thereof, but shall be confined in its operation to the specific provisions so held unconstitutional or invalid and the inapplicability or invalidity of any section, clause or provision of this agreement in any one or more instances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance. 6. Assignment This contract shall not be assigned by FOSTER AND SCHOTT FARMS or their grantees without the express written consent of the DISTRICT. This contract shall be binding upon the parties and their assigns. IN WITNESS WHEREOF, FOSTER AND SCHOTT FARMS has caused this agreement to be executed on behalf of themselves and future owners of FOSTER AND SCHOTT FARMS Subdivisions, and or lots in above mentioned subdivisions, executed this day of A.D. 1971; and DISTRICT has caused this agree- ment to be executed by the President of the Board of Directors and its corporate seal affixed and attested by its secretary pursuant to resolution of DISTRICT adapted on this day of A.D. 1971. FOSTER- D SCHOTT F � T — -----. Robert Foster Herbert Schott NORTH/ WELD COUNTY WATER_ I TRICT President ATTEST: _ / i; 1✓_ 1 %l2 /� • i LEGAL DESCRIPTION A part of the West Half of the Southwest Quarter (W1/2SW1/4) of Section 29, Township 7 North, Range 67 West of the Sixth Principal Meridian, County of Weld State of Colorado and being more particularly described as follows: Beginning at the Southwest Corner (SWCor) of said Section 29, and considering the West Line of the Southwest Quarter (SW1/4) of said Section 29 to bear North 00° 34' 03" East and with all other bearings contained herein being relative thereto: Thence North 00° 34' 03" East, along the West Line of the Southwest Quarter (SW1/4) of said Section 29, 2450.00 feet to a point from which the West Quarter Corner (W1/4Cor) of said Section 29 bears North 00° 34' 03" East, 192.69 feet; Thence South 89° 25' 57" East, 300.00 feet; Thence South 00° 34' 03" West, 421 .88 feet; Thence along the arc of a circular curve to the left having a radius of 270.00 feet and a long chord that bears South 12° 31 ' 06" East, 122.26 feet; Thence South 25° 36' 14" East, 550.90 feet; Thence along the arc of a circular curve to the left having a radius of 170.00 feet and a long chord that bears South 43° 10' 17" East, 102.62 feet; Thence South 60° 44' 20" East, 121 .05 feet; Thence South 29° 15' 40" West, 586.09 feet; Thence along the arc of a circular curve to the left having a radius of 370.00 feet and a long chord that bears South 21° 31 ' 33" West, 99.60 feet; Thence South 13° 47' 25" West, 119.24 feet; Thence South 35° 47' 10" East, 633.95 feet; Thence South 00° 40' 20" West, 50.00 feet to a point on the South Line of the Southwest Quarter (SW1/4) of said Section 29; Thence North 89° 19' 40" West, along the South Line of the Southwest Quarter (SW1/4) of said Section 29, 779.19 feet to the True Point of Beginning. Said tract of land contains 27.832 acres. i 0 To ON 'ILIAD OUT NY TIIC RECONOINO CLERK AT TOW OF FILIM NAtsO< SNOOIvtotoN J�h.[/llJ ((2. <6..Ai"fr',K case ai(L'-)tzjm�• / Not of $UMIOIOat gr FDIC ��Ai �c.FAZFA C }1 {l )..('4�/ Q /� ,' / Sail / y , LOCATION or SINIeITIOION l Y�A.. /SIAi e.. � V ai 9 02 '9- 7(p/ OATt or FILIN�� cxs /! 7.2 RECf►T1oN.NuwEN /J'7-Vs2/ ��y clak '46/2Se Q�l/� 39 9T C_M/r/J/Zetel COMITY CLOW AND NEOONOER `..,_ It:MOT moo ILLAIE INDICATE a k y 1 !S eit foam AOIINIO►RATOR ;s" 011 SOS* PLANNING COIRIOOINI 3 Mot`moss /N THE MINIM x ny�.Anwy`y 14 . ... . _ . -:I'' t:•b is nt `$€ .x ', "3 "two eye ;:2 li _ / J , ,1, ` G ,if7� / 1 wrd (J-ea Lr.. _____ -_ _-- TO DR Frew ipar'DI1 INC SANDI'S Wag AT TINC or FILINS r ‘..;.,,e/%....y10.„. .__.2..*AC or. SOOOSpotoolia#414./..L.-42 • NIWL Mla 4ocATN ortsin films O.1 .-112 Iu/4 aq a n-Dim- I u/ Dote Orq� .IM �•?t f 1971 Rtci►taiI104#00 1,gif1a3i/hay • Ihr I IPUTV COUNTY CLINIC AND IN:GONte Ir it t� !MAUI INDICATC r Rico, C Awonlanaxoo ae �.z TIN[MINUTss . Hello