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DEDICATION OF PERPETUAL RIGHT-OF-WAY
WEST HILL-N-PARK FIRST FILING
RANGE 66, TOWNSHIP 5 NORTH, SECTION 26 PTN SWa:
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 public raods, streets, highways, and easements
in behalf of the public in First Filing West Hill-N-Park Subdivision,
being a subdivision located in the Southwest Quarter (SWa) of Section 26,
Township 5 North, Range 66 West of the 6th P. M. , Weld County, Colorado and
being more particularly described as follows:
Commencing at the Southwest Corner (SW Cor) of Section 26,
Township 5 North, Range 66 West of the 6th P. M. , Weld County,
Colorado, and considering the South line of the Southwest Quarter
(SWa) of said Section 26 to bear south 89 38' 00" West acid with
all other bearings contained herein being relative thereto:
Thence North 89 38' 00" East along the South line of the
Southwest Quarter (SWa) of said Section 26, 1318.86 feet to the
True Point of beginning:
Thence North 00°22' 00" West, 330.00 feet;
Thence North 03° 24' 47" West, 60.08 feet;
Thence North 00° 22' 00" West, 90.00 feet;
Thence South 89° 38' 00" West, 305.66 feet;
Thence North 00°22' 00" West, 331 .56 feet;
Thence North 01° 11 ' 12" West, 80.00 feet;
Thence North 28° 54 14" West, 67.78 feet;
Thence North O1° 11 ' 12" West, 326.84 feet;
Thence South 88°48' 48" West, 220.00 feet;
Thence North 01` 11 ' 12" West, 80.00 feet;
Thence North 04°23' 55" West, 60.09 feet;
Thence North O1° 56' 03" East, 80.12 feet;
Thence North 00° 51 ' 18" East, 132.18 feet;
Thence North 00° 51 ' 21 " East, 90.15 feet;
Thence North 00°36' 49" West, 78.03 feet;
Thence North 01° 03 ' 15" West, 60.03 feet;
Thence North 00° 51 ' 18" East, 105.66 feet;
Thence South 89°08' 42" East, 125.23 feet;
Thence North 66° 08' 00" East, 402.00 feet;
Thence North 79°56' 12" East, 101 .75 feet;
Thence North 89° 30' 03" East, 109.90 feet;
Thence North 00° 22' 00" West, 120.03 feet;
Thence North 89°30' 03" East, 60.00 feet;
Thence North 00°22' 00" West, 220.00 feet;
Thence North 89°30' 03" East, 849.22 feet;
Thence South 19°07 ' 30" East, 753.17 feet to a point on the outer
boundary of Hill-N-Park Subdivision as platted and recorded
in the records of Weld County; Thence along the outer
boundary of Hill-N-Park Subdivision by the following three (3)
courses and distances
South 84°51 ' 36" West, 122.16 feet
South 89° 38' 00" West, 649.69 feet
South 00° 22' 00" East, 1754.54 feet; Thence South 89 38' 00" West
along the South line of the Southwest (SWa) , 520.81 feet to the
True Point of Beginning. Contains 54.711 acres m/1
and
BE IT RESOLVED, that the accompanying plat is approved for
filing and the public raods, streets, highways and easements thereon shown
are approved, provided, however, that the County of Weld will not undertake
maintenance of said 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
730983
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BE IT STILL FURTHER RESOLVED, that the subdivider shall furnish
a demand notein the amount of $370,000.00 as a guarantee of compliance of
signed agreement for West Hill-N-Park Subdivision as per attached agreement
dated, July 2, 1973.
The above and foregoing resolution was, on motion duly made and
seconded, adopted by the following vote:
AYES: IL,( (.( A (?_,l'i.� �
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THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: AUGUST 22, 1973
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Amount of Note THREE HUNDRc0 SEVENTY THOUSAND AND NO/CO
nreel nv, ^olo. ado JULY 2 , 19 73
On demand after date for value received, the undersigned promises to )ray to the
order of the Board of County Commissioners, Weld County, Colorado, the sum of
THREE HUNDRED SEVENTY THOUSAND AND NO/c0-----------------------------------"- Dollars
( S37o,oco.co ) with interest at ten percent (10%) 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 Sub-
division Agreement dated JULY 2 _, 19 73 , and guaranteeing installation
of certain improvements in said subdivision by JuLY 2 , 19'g .
Amount of note shall be conditioned by damages which the Board of County
Commissioners shall suffer by failure of undersigned to perform under said agree-
ment. 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 makers, 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.
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It is also stipulated that should this note be collected by an attorney after maturity
or in case of default (whether by suit or otherwise) ten percent (10%), additional
on amount due shall be allowed the holder as attorney fees.
If the improvements as shown have not been constructed by the stated completion
time, the Board of County Commissioners, at its opti „ may re-negotiate the
note amount to reflect change in construction cos a k • prove ent
construction completed.
mer . un va , n v ua y
NOTE: APPROVED FINANCIAL STATEMENT
MUST BE ATTACHED. Faye uffndvall, Individually
i HIL Ir ARK I RPORAT D /
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ATTES ., -� i• •
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`� `�/, AOHN Ll.)SF(UPE, SECRETARY - V , St DEMT
, -1 :.) -1, ' 'OY UN, •ALL MDI I ALLY
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�\ '! JOHN L. -.INURE% INDIVIOU LY -
A INE HU El dDIVIDUAL Y VIRGINIA LUNDVALL, IND VIDUALLY
Accepted by the Board of County Commissioners, Weld County, Colorado, this
22"=1 day of Aug. as 71— , 19 24 .
� y` l'I)o%. '�. THE BOARD OF COUNTY COMMISSIONERS
4TTEST: WELD COU TY, COLORADO
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( eputy,.County, Clerk 1
42213p V�D AS TO Q =CCc( 7 A Li„--
County Attorney
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SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 2nd day of
July , 19 73 by and between the Co!tnty of Weld, Colorado, hereinafter
called "County", and West Hill-II-Park, Inc.
hereinafter called "Subdivider" .
WITNESSETH:
WHEREAS, Subdivider is the owner of the following described
property in the County of Weld, Colorado:
See Attached Sheet.
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WHEREAS, a final plat of said property, known as West
Hill-N-Park
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 nolinal plat shall be approved
unless the subdivider shall have entered into a written agreement with
the County to install certain improvements;
NOW, THEREFORE, in co:='_deration 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.
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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
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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 -opairs 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.
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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
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ATTEST:
.�;Ifk of h B �jrd�7C itet.ea e5-(2 -0rl}-LDeputy County C hrk
AROVED A ORM:
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County/Attorney
7r/ + k4,1/21--7.7
1S/bdivider)
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By: � /e
(Title)
ATTEST,
(Title)
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Beginning at the Southwest Corner (SWCor) of Section 26, Township 5 North,
Range 66 West of the Sixth Principal Meridian, Weld County, Colorado and
considering the South line of the Southwest Quarter (SW1/4) of said Section
26 to bear South 89°38'00" West and with all other bearings contained
herein being relative thereto:
Thence North 01°11 '12" West, along the West line of the Southwest Quarter
(SW1/4) of said Section 26, 2642.57 feet to the West Quarter Corner (W1/4Cor)
of said Section 26, said Quarter Corner (1/4Cor) also being the Southeast
Corner (SECor) of Lot No. 1 , Block 1 , 3rd Filing of Arrowhead Subdivision
as platted and recorded in the records of Weld County;
Thence North 89°30'03" East along the North line of the Southwest Quarter
(SW1/4) of said Section 26, 50.00 feet;
Thence South 01°11 ' 12" East, 170.01 feet;
Thence North 89°30'03" East, 2354.28 feet;
Thence South 19°07' 30" East, 753.17 feet to a point on the outer boundary
of Hill-N-Park Subdivision as platted and recorded in the records of
Weld County;
Thence along said outer boundary of Hill-N-Park Subdivision by the following
three courses and distances:
South 84°51 '36" West, 122.16 feet;
South 89°38'00" West, 649.69 feet;
South 00°22'00" East, 1754.54 feet to a point on the South line
of the Southwest Quarter (SW1/4) of said Section 26;
Thence South 89°38'00" West along the South line of said Section 26, 1839.67
feet to the Point of Beginning.
Containing 116.511 Acres more or less.
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SUBDIWISIO IMPROVEMENTS AGREEM. EXHIBIT "A"
Date : July 2, 1973
Name of Subdivision : West Hill-N-Park
Location : Southwest Quarter of Section 2.6, Township 5 N6rth, Range 66 West 6th P.M.
Intending to be legally bound , the undersigned subdivider hereby agrees
to provide throughout this subdivision and as shown on the subdivision
plat of West Hill-N-Park , dated August 2 , 1973 , the following
county improvements .
( Leave spaces blank where they do not apply ) Estimated Construction
Unit' Construction Completion
Improvements Cost Cost Cost
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Street grading L.S. 4,000
Street base 0.45/S.Y. 41 ,000
Street paving 0.96/S.Y. 86,000
Curbs , gutters & culverts 0.90/L.F. 38,000
Sidewalks
Storm Sewer facilities L.S. 1 ,000
Retention ponds L.S. 1 ,000
Ditch improvements j
Sub-surface drainage j
Sanitary sewers I
Trunk & forced lines
Mains 4.33/L.F. 95,000
Laterals (house Conn) 30.00/Each 12,000 I
On-site Sewage facilities
On-site Water supply & storage
Water mains ( �
Fire hydrants Jb0.OUEach 8;888
Survey & street monuments & boxes20.00/Each 300
Street lighting j
Street name signs 10.00/Each 700
Fencing requirements i
Landscape proposal
Park improvements L.S. 4.000
SUB TOTAL 361 ,000
Supervision Cost 7,000
Engineering Costs 27100
( testing , inspection , as=built plans and work in addition to
preliminary and Final Plat)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 370,000
a 0 • 0 .
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. ;
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n��C � � " ���� gn to f Su divider
( If corporation , to be signed by
President and attested to by
Secretary, together with the
corporate seal . )
Dated : July 2 , 19 73
ACCEPTANCE
Approved by resolution of the Board of County CommissinnPrs
at the meeting of August 22 , 19 73
THE BOARD OF COUNTY COMMISSIONERS
WELD COU TY , COLORADO
Note
ain
ATTEST: I '��// /
(5P4-144,
Clery, the -a rd
Y C � (� ����— Deputy County Clerk
A` PPROV AS TO FORM: _
�Nttorhey Coun ,
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g_ � �air-��-�-�7 ti-zz e�_�.�����a��/,�Q1��.« �p> 47-t47-t r� (.j OU. OG G .'yC� �y '�1�'�'^ 7 y�'�c..k.
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ervba.e le cry _� , «t9- g 17 73
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BEFORE THE -WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
c4sE No. M-24
APPLICATION OF West Hill -N-Park
Address
Moved by Ronald Heitman 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
?We( Final Plat
located on the following described property Weld ';ounty, Colorado, to-wit:
See attached plats
be recommended (favorably) :(nuntou xellaUtr)m to the :-yard of County Commis—
sioners for the following reasons:
Subject to the following : To be done in two filings - the first
one for 190 units and the second one for 216 units ; covenants
requiring participation in Homeowners Association to maintain all
outlots to be filed simultaneously with plats ; approval of legal
description on amended rezoning plat by County Attorney ; decision
ziakilix*xftratmxfnAA ffikm of County Commissioners regarding 47th J
Avenue as a half-street .
Motion seconded by John Watson
Vote:
For Passage: G,1.2.nn.,,Ander,son Against Passage:
John Watson . _
J . Ben Nix
Ronald Heitman
John Weigand_ _
The Chairman declared the motion passed and ordered that a certified copy of this
Resolution be forwarded with the fiee of this case to the Board of County Commis-
sioners for further proceedings.
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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
July 17 , 1973 , and recorded in Book No. 4 , Page No. , of the
proceedings of said Planning Commission.
Dated this 1_8t..h day of July , 19 73:
Recording Secreta , Weld County Planning Commission
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I IEND. ANCE R FriO R D
• JOI-G:I HALEY of NHPQ August 13, 1973
11:30 AyMo RE: 'till 'N' PARK
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NAME ADDRESS
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___------6 ) 0-> . /(..,--, Liteificl ; ' / 2 1 7 — i . .- Kiv-c--/- -1Z1j6/77-7(-1c51 4
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Xs s GOOD NOOCX c
DATE:A gust 13, 1973
TAPE ##:
_DGGYS;44.
.Aip.T.I.;1461 ;RS NAME: John Haley
DATE FIRST HEARD:
PETITIONERS ADDRESS: NHPQ
REPRESENTED BY:
REQUESFr RE: Hill 'N' Park
(0-kange-of-Rone) yr (Larnt-ltse-Permtt)
LEGAL DESCRIPTION:
SPOKESMAN: For:
Against: — —
ACTION TAKEN:
(Conditions)
1 TO BE FILLED OUT BY THE RECORDING CLERK AT TIME OF FILING 4y
NAME or SUBDIV I,SION ,A i Acze-/v /hid
NAME OF SUBDIVIDER O
LOCATION of SUBDIVISION �W 4l efee_,07o —%3/1/ -/t3GGW
DATE OF FILING clan/ 5 /9��
RECEPTION NUMBER /.5-57 9G,2 /4,3
BY 7)7 ..71ed
OEPUTY COUNTY CLERK AND RECORDER
If NOT FILED PLEASE INDICATE
RECEIVED BY PLANNING ADMINISTRATOR
OR SECRETARY OF PLANNING COMMISSION
DATE RECOROED IN THE MINUTES
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File contains
oversized map
Please see original file
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