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Home My WebLink About760654.tiff RESOLUTION WHEREAS, on May 26 , 1976, the preliminary subdivision plat, Althen/Boyer Commercial Unit Development, was sub- mitted to the Board of County Commissioners for approval in accordance with the subdivision regulations of Weld County, and WHEREAS, the Board of County Commissioners heard all the testimony and statements of those present, and WHEREAS, the Board of County Commissioners has studied the request and studied the recommendations of the Weld County Planning Commission as submitted, and having been fully informed, the Board believes it to be in the best interest of the county to approve the prelimi- nary subdivision plat, Althen/Boyer Commercial Unit Development as submitted. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the preliminary subdivisim plat, Althen/Boyer Commercial Unit Development, be, and it hereby is approved under the conditions following: 1. Location of fire hydrants and water systems on the preliminary plat. 2. Fire hydrants shall be located on the preliminary plat as per Dacono area fire protection district requests in letters of April 20, 1976, and April '7, 1976. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote this 2nd day of June A. D. , 1976. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO - -3/CA•e'r--d*/214;2) � r � K.„ . lam' ATTEST: __ � Weld County Clerk and Recorder d Clerk to the Boar • r L Deputy Cou y Clerk PRO D AS TR FOR • 7 1 ` I . r- Special Leg 1 nsel y)j, 760654 is) • SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "A" Date : Mgy 26\ 176 Name of Subdivision : Lots 1 - 5, Althen-Boyer C.U.D. Location : S1 SW1 Section 23, Township 1 North, Range 68 West of the 6th P.M. Weld County, Colorado. Intending to be legally bound , the undersigned subdivider hereby agrees to provide throughout this subdivision and as shown on the subdivision plat of , dated , 19 , the following county improvements . (Leave spaces blank where tney do not apply) Estimated Construction Unit Construction Completion Improvements Cost Cost Cost Street grading Street base Street paving ;Curbs , gutters & culverts Sidewalks !Storm Sower faejtities !Detention ponds )itch improvements Sub-surface drainage Sanitary sewers Trunk & forced lines Mains Latera17— Louse corm) On-site Sewage facilities On-site Water supply & storage Water mains 4500 Fire hydrants 1000 Survey & street monuments & boxes Street lighting !Street name signs Fencing rc4uirements Landscape proposal ,Park improvements [ Culverts 500 L1,16 TOTAL 6000 Supervision Cost None Engineering Costs $200 - $300 ( testing , inspection , as=built plans and work in addition to preliminary and Final . Plat) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 6,300 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 }+(ith the time schedules shown above. a U p _ '-44 gnature 2 of Subdivider(If corporation , to be signed by President and attested to by Secretary, together with the • corporate seal . ) Dated : SAS , 1976 ACCEPTANCE Approved by resolution of the at the meeting of , 19_. THE BOARD OF COUNTY COMMISSIONERS WELD, COUNTY , COLORADO fOt-tect.-- /-1.4ear-if.g. . ( e"to- / de l--,r-t-c--t s AT>;f$T. _ 161 . / .-eg,LAt/ i '.:.L',;';,,Z+;,p,�y� �� l-�.i-tom_ Clerk tb the Board By ,.,C1 /z-,,,--,, rim ecti Deputy County Clerk A PRUYE-D Ai TO 1QRW: { oYtorney SUBDIVISION AGREEMENT THIS AGREEMENT, made and entered into this 19th day of January, 1972 by and between the Courty of Weld, Colorado, hereinafter called "County", and Fred Althen & John St. A. Boyer hereinafter called "Subdivider". WITNESSETH: WHEREAS, Subdivider is the owner of the following described property in the County of Weld, Colorado: Beginning at the Southwest Corner (SW Cot) of said Sertinn 93, and tnniiering the West Line of said Southwest Quarter (SWI0of Section 23, as bearing north 00"07'30" East, with all other bearings contained herein relative thereto; Thence North 00°07'30-East, along said West Line, 330.00 feet to the True Point of Beginning; Thence continuing North 00°07'20" East, along said West Line, 993.86 feet; Thence North 89°34'09" East 620.02 feet; Thence South U0°07'30" West, 371.42 feet; Thence South 17°3f'57" East, 131.03 feet; Thence South 89°48'19" West, 660.00 feet to the True Point of Beginning. Said described parcel of land contains 14.221 Acres, more or less. includine a strip of ground 30 feet in width along the West Line of said Southwest Quarter of Section 23, reserved for County Road Right-of-way purposes and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said described parcel of land. commissioners, County of weia, that no rinai plat snail oe-appi - unless the subdivider shall have entered into a written agreement with the County to install certain improvements; NOW, THEREFORE, in cor.::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. - 1 - 2. Rights-of-Way and Easements: Before commencing the con- struction of any improvements herein ag.r eed 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 he 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 const'uction, 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 tY:at 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 i,iay 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 ropairs 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 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,zczer_ 4ATTEST: b'-eC-�.,,�,-� ��÷K�_ derk-�of the B d ,PRQ D AScT FORM: 'Cod�ity Attorney a Q ' �.tees- (Subdivider) By: (Title) ATTEST: (Title) - 4 - BEFORE THE LD COUNTY , COLORADO PLANN — a COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . S-121 Date 5/20/76 APPLICATION OF Althen/Boyer ADDRESS 5720 South Pearl , Littleton, Colorado (Fred Althen) Moved by Chuck Carlson 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 5abxbmnxzx:ixwxxiNxj Al then/Boyer Development Plats for I is ,Yid 4 located on the £ollow'i ,q described property in Meld County , Colorado , to-wit: see attached be recommended ( favorably ) ( uoRk>a9;RAidc) to the Board of County Commissioners for the following reasons : 1 ) The proposed uses comply with rezoning PUD development standards; and 2) Development standards are compatible with PUD standards. SUBJECT TO: 1 ) Development standard #1 for both lots (2 & 4) should read: "Temporary outside garage storage shall be allowed only when screened to effectively enclose from view any outside storage."; and 2) Development limited to plans submitted. Motion seconded by Percy Hiatt Vote : For Passage Bill Elliott AfOxixfkilx)8ARB4 J. Ben Nix Bette Kountz Ronald Heitman _ Chuck Carlson Percy Hiatt 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 ofCounty Commissioners for further proceedings . --C . � / Z 0 c ° G \ § \ / q 3 \ o � K y . � . \ \ \ Q KY • t \• \ / 4- -I-- a 0 G ® « / 2 ® § § c Qj \ Q \ 00 [ /\. \�E cu d ° � \ mG y2 / ) Ev SC 2y , 2J w & .0 G2 Ev O i k Ls E/ 9-)/ m % \ [ / _ V \ � % \ { -C - \ \ ® & Cad) 9 \ wE tk n --J Cc - 0 CERTIFICATION OF COPY I , Janna S. Morrow , 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 May 18, 1976 , and recorded in Book No. V Page No. 1278 , of the proceedings of said Planning Commission. Dated this 20th day of May 19 76 Cj Recor ng Secretary, Weld County Planning Commission BEFORE THE LD COUNTY , COLORADO PLANKJ COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . S-121 Date 5/20/76 APPLICATION OF Fred Althen and Jack Boyer ADDRESS 5720 South Pearl , Littleton, Colorado (Fred Althen) Moved by Bill Elliott 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 Preliminary Subdivision Plat Althen-Boyer Commercial Unit Development located on the following described property in Weld County , Colorado , to-wit • see attached be recommended ( favorably ) ( a:bexoxacxzbcky) to the Board of County Commissioners for the following reasons : 1 ) The attached plat conforms to rezoning PUD approved in August, 1974; 2) Complies with require- ments for preliminary plat submission except water system and fire hydrants are not displayed; 3) Weld County Health Department has approved sewage disposal on lot; 4) Utility Board approved plat as to easements; and 5) Substance of covenants for open space and water system have been addressed. SUBJECT TO: Location of fire hydrants and water systems on the preliminary plat. Fire hydrants should be located as per Dacono Area Fire Protection District requests in letter of April 20, 1976 and April 7, 1974. Motion seconded by J. Ben Nix Vote : For Passage Bill Elliott Acg�dxi>GicScxcScfix� c J. Ben Nix Bette Kountz Ronald Heitman Chuck Carlson Percy Hiatt 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 ofCounty Commissioners for further proceedings . v p m C: 4_ g' c � � aNU C pcc °1 c2 T aq, vd.) �_ � t - rn �4- p �L O (p C (D �D O N 9 O C, v cP 2 2 OJ Q,- CP Coa_ - v 4- C —ca co �f � J O C N � 0p ci, ca�3 pro c �' v � ti Q) u) 6) -c co LCgc IN b 0 _ W^ j 1: o VUr r S - c cs cv 4- OLUr tQ Ur 4- = v u- c EQc0 szp- ..! O O _et o �- dam' Q� 0 6)L Ql a`o ° ° •o °? o v �`� co :D tr;s � E- 2 aa-c - CLNt F- ZnLOW D9 CO � 2 & �, cooOTi_ cry C O d c3-13_ �' 7- c W L � O O �{- 4 + p15- 14 COQ LE v 9 -I FQ-) cli ft C O 1 U) L % cs •^ cn�0q 00 c . O � � vNW o op aco vQN � qq g� UQI -� c cLi C ku W°W _-(:0- wo v �'- N c _ -›- k Sib 11-N co ON p _O_ °�ap Q - aooa hA u 10 Iv J + 8 .C .�. ° a, 93c1i1-1two � ° Eq U6 us cs cCioaict1st Qj ?I yv , � .adm �� h t1_kiEoF k j31-1)� CERTIFICATION OF COPY I , Janna S. Morrow , 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 May 18, 1976 , and recorded in Book No. V Page No. 1277 , of the ;proceedings of said Planning Commission. Dated this 20th day of May 19 76 Reco ding ecretary, d ounty Planning Commission BEFORE THE LD COUNTY , COLORADO PLANN ; COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . S-121 Date 5/25/76 APPLICATION OF Al then/Boyer ADDRESS 5720 South Pearl , Littleton, Colorado (Fred Althen) Moved by Bill Elliott 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 Althea-Boyer Commercial Unit Development, Lots 1 - 5 located on the follt described property in Weld County , Colorado , to-wit : see attached be recommended (favorably ) ( uaxtaxawxttla:d:yt) to the Board of County Commissioners for the following reasons : 1 ) The final plat as sub- mitted conforms to the preliminary plat; 2) Health Department recommends approval ; 3) County Engineer has no objections to plats and drainage plans as submitted; 4) State Highway has approved access to the property; and 5) The rezoning PUD states compliance with the Fox and Associates report dated January 4, 1974 and addendum dated January 22, 1974 for construction and use of subdivision property. SUBJECT TO: 1 ) The following state- ments being placed on the final plat prior to a hearing before the County Commissioners: a) A Property Owners' Association composed of the owners of each lot in the subdivision shall be formed. All transfers of property within the subdivision shall by deed, require membership in such association. The association thus formed shall be responsible for maintenance of all access roads, water storage and retention areas (to include adjacent common areas) , the water system and designated open areas. Maintenance of the Motion seconded by J. Ben Nix Vote : For Passage Bill ElliottcaasckxR;a:soca:aJec J. Ben Nix Bette Kountz Ronald Heitman Percy Hiatt Chuck Carlson 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 ofCounty Commissioners for further proceedings . PC Resolution 5/25/76 S-121 above defined accesses, systems, and areas shall be the responsibility of the developer, his successors and assigns, until such time as the final lot in the subdivision is platted and sold; b) No use allowed on Lot 1 shall enfringe on the 90' maintenance right-of-way dedicated along the Bull Canal and showing on the PUD and final plat. All fencing along this right of way shall be approved by the Farmers' Reservoir and Irrigation Company prior to installation; c) No amount of run-off from the subdivision which exceeds historic flows will be allowed to enter the Bull Canal ; d) All fire protection facilities, including hydrants, shall be located in accordance with the recommendations of the Dacono Area Fire Protection District as defined by letters from such. District dated April 20, 1976 and April 7, 1974 and on file with Weld County Department of Planning Services; e) Each lot in the subdivision shall be served by an individual on site sewage disposal system, the design and installation of which shall be approved by the Weld County Department of Health; and f) Information pertaining to "kip loadings" of piers shall be submitted to the Director of the Build- ing Inspection Division prior to the issuance of any building permit for construction in the proposed subdivision; 2) Submission and approval of a subdivision improvement agreement which defines responsibility for development and costs associated with the development of the proposed water system, fire protection facilities, culvert installations and access roads; 3) Providing suitable collateral , in an amount stipulated in the subdivision improvement agreement, to ensure the com- pletion of improvements according to design and time specifications shown in the subdivision and PUD plans; 4) Payment of park fee as required by Section 8-15 of the Weld County Subdivision Regulations; and 5) Submission of documents showing the substance of governing the property owners' association. 1 , i'_ • Via .. ....__ 1___ • \l7 • v'y.. L 1 y g l C •G C 4. ., C :-..I .C cc r J U —• S. :J: ! C x L. C. H Co ttL r J O. J: M I. C r+ L • • •,- C ,I ►• a + ' d i s S. .I. .« _; — •C 0 r a• y ••« 9. •y 7 Co.. .. ~ 1y. it ++ V J :3 - .• •• w N CI .3 f t • .-� r .+ :+ •� 'i .+ 'l. t ' 4 C i• L _ ' ..L_~ 0 -7 0 p — :J -- J. •— U V: C0 .- •�. • • .^ ••• 1.., i J - ..r •. r '-. ' �. I •' 3� O 3- 0 r. 0, _, C I a.. ri? r. L -? X. X.o { = k j •- O7 Q• :-..-: C T I. • . J. 4. - is •-: F: .�. ...+ — �p e C _ _ f • i- i- .- :r. .., • .. ` ;ii II 1 I` .'i" - . .. . --• , .. ,:r. • CERTIFICATION OF COPY I , Janna S. Morrow , 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 May 18, 1976 and recorded in Book No. V Page No. 1278 , of the proceedings of said Planning Commission. Dated this 20th day of May 19 76 CA Recp ing Secretary, Wel County Planning Commission v _ssa ; , OFFICE OF BUILDING INSPECTION PHONE 1303)353-2212 EXT.229&230 T �1 1516 HOSPITAL ROAD - -- - GREELEY,COLORADO 80631 A IIID € May 14 , 1976 m COLORADO Weld County Zoning Department 1516 Hospital Road Greeley , CO 80631 Attention : Tom Honn RE : Fred Althen and Jack Boyer Plat TO WHOM IT MAY CONCERN : 1 ) The Inspection Department has no objections to this development as platted if the addendum dated January 22 , 1974 , by Fox and Associates , is followed, 2) The developer should submit an addressed plat in accordance to Mountain Bell ' s new addresses . We believe this is a requirement of all new sub-divided plats. 3) The Inspection Department will require an engineer ' s report on rock stability for all buildings having a loading of 3 ,000 pounds or more for any bearing pier, 4) Kip loadings of piers will be required on all plans submitted for permits . You s tru]y , G �ii.o - '. E . /Jarvis , P . E . /Director Building Inspection emm WELD COUNTY COMMISSIONERS t qY. GLENN K. BILLINGS NORMAN CARLSON VICTOR JACOBUCCI JUNE STEINMARK ROY MOSER �, •• WATER USER ' S AGREEMENT THIS AGREEMENT made and entered into this day of , 1976 , by and between FRED ALTIIEN, SR. and JOHN ST. A. BOYER, hereinafter called "Owners" and DIRKSLN, INC. , hereinafter called "User" , WITNESSETH : WHEREAS, Owners have easement rights to and ownership, of `, t a certain water well situated in the County' of Weld and State of Colorado, to wit : the South one-half of the Southwest one-quarter of Section 23, Township One North , Range 68 West of the 6th P.M . , 1 said well being located approximately 490 feet East and 235 feet North of the Southwest corier of said section 23 , and , WHEREAS , User owns of is otherwise lawfully entitled to occav that certain land also located in said County of Weld , State of .Colorado, described es follows . to wit : Lots 3 and 4 more fully described in the Agreement to which this Exhibit is attached, k WHEREAS , . User desires to obtain from Owner a water supply ' __r the above identified land of User ' s , and to pay a ' ensonable an'•oant -for water rent, NOW THEREFORE -IT IS AGREED 'AS 'FOLLOWS : 1 . Owners shall maintain the said .well and primary water mains at their own expense and shall make such repairs as are nec- essary and within a reasonable tune after notification of any de- livery failure caused by malfunctioning of pumps or other portions of the said water system under Owr:ers ' control . 2 . User shall be solely responsible for the cost of tapping on the said main and User ' s own lateral water line into his own property heretofore identified . User shall be fully responsible for the water system on his own said property and shall follow • and abide by all reasonable specifications with respect to his installation as Owners shall require . 3. User shall pay monthly rent of $20. 00 for the use of said water supply, which shall be paid on the first day of the said period and which water rent shall become delinquent after the 10th 0 : . y of said period, it beingthe express intention of the parties to .v0 said water rent paid in advance. No tap fees are to be charged user for Lots 3 and 4 . 4. Owner shall supply from said well to User the amount of ,'• day , which quota cannot be allowed to 1000 gallons of water per � one day may be ecrue and accumulate , as any excess usage during any rights of the other users on the .aria line. It is getri,nental to the ' ,:horefore contemplated that the User , ng�d°ltrd�ill install onr to insure sh own is elan equate grater supply for hie domestic property and at his own expense appropriate water storage facilities. d that due to the contirr,erci s and I It 1s also axpreusly undoretoo I uncertainties of water well supplies , Owners cannot and do not guar- ti�aa rand Owners' cnteo delivery of any specific quantity of water at any I Bole and only obligation in the premises shall be to refund to liner• portion of User' s advance payusnt of water the appropriate pro-rate I' rent for any period of time during which User did not helm edescgutt® Water for usual and ordinary household purposes. • ,`t. 5.. In the svant of any delinquency elinq r Y rent the Owners, after 30 days written notice to User of the said tatt1t or breach, may cause said water eervlce to be diacontinued 4 • until said default is rectified. In the event the Untr continues to tos.y discontinue the Crater : dsfault .in payment of water rent, Owners may ° service to User permanently without further duty or obligation to User of any kind. 6, User may transfer these water rights to tcsnarsts or et -halters of User ' s land as heretofore described. o ®• 71. The term of this contract shall be for twelve (12) y : a : no more thin fifty (50t) percent may increase the rental rate by year and again lexisting .rate at the start of the fifth (5th) .. year. In the event 2 %miter cope ny t of the ninth (9th) ,,. ro ray in th© 'Althnn-lioyor Coe- h becomes feasable and all property Pe or district and t Development Plan is a part of said corny .teed a 1/12 interest in said company for Lot 4 and an additr ;peot for Lot 3 if he exercises hie Option, then user :hall 'e •rt of said distric ,. and thin ageeement whell terminate. _ r BOARD OF HEALTH Weld County iealth department CATHERINE BENSON. AULT FRANKLIN D. YODER. MD. MPH 1516 HOSPITAL ROAD RALPH AAB. GREELEY DIRECTOR GREELEY. COLORADO 80631 WILLIAM SLICK. ROGGEN CLARENCE SITZMAN, GREELEY 1303) 353-0540 DAVID WERKING. DOS. GREELEY May 14, 1976 Gary Fortner, Director of Planning Weld County Planning Calmission 1516 Hospital Road Greeley, G() 80631 TO WHOM IT MAY CONCERN: We recommend approval of the Althen/Boyer Preliminary Plat, Final Plat of Lots 1-5 located in the WI, SI, SW* Section 23, Township 1 North, Range 68 West, Weld County Colorado. The percolation test indicates the soils are suitable for a sewage disposal system. Sincerely, w- Glen E. Paul, Di ctor Environmental Health Services GEP/hv \'`. J .5 . ; �•� REc/7. \,:c, "� • 4 Y DONE and signed at the County of Weld, State of Colorado this day of 1976 . • Owner Owner • • User i • _.. ,. 'a( •ti ',i ..?,.. • • • x. -3- RECORDING DATA - MAPS & PLA. NAME OF SUBDIVISION Lots 1-5, Althen-Boyer Commercial Unit Development _ T NAME OF SUBDIVIDER John St. A. Boyer and Fred Althen, Sr. LOCATION OF SUBDIVISION SW4 S23 TIN R68W 6PM, Weld County, Colorado OATF OF RECORDING JUN. 171976 BOOK 769 RECEPTION 0 1691209 S. LEE SHEHEE, JR. WELD UNTY CL3 AND REORDER 1. BY: DEPUTY OIINTY CLERK & RECORDER RECORDING DATA - MAPS & FLA . .) NAME OF SUBDIVISION Commercial Unit Development Plan for Lot 4. Althen-BWC@r._ Commercial Unit Developemnt NAME OF SUBDIVIDER Fred Althen and John St. A. Boyer LOCATION OF SUBDIVISION SW4 S23 TIN R6BW 6PM. Weld Cpunty. Colorado _. 'UN 171976 )ATE OF RECORDING BOOK 769 RECEPTION # 1691370 S. LEE SHEHEE, JR. WELD C UNTY CL.$t' AND RECORDE BY: DEPUTY OI)NTY CLERK & RECORDER RECORDING DATA - MAPS A PLA Commercial Unit Development Plan for Lot 2, Althen-Boyer NAME OF SUBDIVISION Commercial Unit Development NAME OF SUBDIVIDER Fred Althen 8 John St. A. Boyer LOCATION OF SUBDIVISION SW4 S23 TIN R68W 6PM, Weld County, Colorado DATE OF RECORDING JUN 17 1976 BOOK 7fi4 RECEPTION # 16913'71 S. LEE SHEHEE, JR. MELD C 11NTY CLELTK_AND RECOR ER BY: DEPUTY LINTY CLERK b RECORDER ( / File contains oversized map Please see original file Hello