HomeMy WebLinkAbout781002.tiff l �7 1978
%6d4. � • Recorded ot. �‘-74 .—.--- o'clo� FF
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Rec. No. ��
1'')43834 Mary Mn Feuer tein, Recorder
RESOLUTION 0, I i '41 - 9,
RE: APPROVAL OF FINAL PLAT - ZABKA FARMS - DUANE ZABKA, DEVELOPER
AND OF INSTALLATION OF SUBDIVISION IMPROVEMENTS PRIOR TO IS-
SUANCE OF BUILDING PERMITS IN LIEU OF POSTING SUBDIVISION
IMPROVEMENTS AGREEMENT BOND.
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WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
i.1
Rule Charter, is vested with the authority of administering the
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affairs of Weld County, Colorado, and
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WHEREAS, the Board of County Commissioners has had the
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{ Final Plat for Zabka Farms submitted to them by Duane Zabka,
Developer, for approval in accordance with the Subdivision Regu-
lations of Weld County, Colorado, and
r- WHEREAS, the Board of County Commissioners heard all of
ythe 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 in-
formed and satisfied that the submitted Final Plat conforms in
all respects with the requirements of the Weld County Subdivision
Regulations, and that approval of said Final Plat would be in
the best interest of the County, the Board of County Commissioners
finds that the Final Plat conforms in all major respects to the
Preliminary Plat as previously reviewed and approved by the Board
of County Commissioners, and
WHEREAS, the Board of County Commissioners further finds that
the applicant has complied with the Final Plat submission require-
ments as set forth in the Weld County Subdivision Regulations, and
WHEREAS, it is further understood that the Developer of
Zabka Farms Subdivision must post a subdivision improvements
agreement bond pursuant to the Subdivision Regulations, and
WHEREAS, the Developer of Zabka Farms has requested of the
Board of County Commissioners that said subdivider be allowed to
install the subdivision improvements prior to the issuance of
building permits in lieu of posting a subdivision improvements
bond in the amount of $2, 265. 15, and
WHEREAS, after considerable discussion of the facts presented
to the Board of County Commissioners, said Board deems it advisable
/ / P:./- p' f : : 781002
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174383,
X322 // a
and in the best interest of all concerned to allow the subdivider
to install the subdivision improvements prior to the issuance of
building permits in lieu of posting a subdivision improvements
bond.
NOW, THEREFORE , BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the Final Plat of
Zabka Farms described on the legal description attached hereto
and incorporated herein by this reference, be, and hereby is,
approved, subject to the Development Standards as shown on said
Final Plat, and subject to the following requirements:
1. A 40 ' long 15" diameter culvert be installed
under the entrance;
2. There is to be a 24 ' wide paved surface with
a 20 ' radius beginning at the edge of the
existing road, and 4 ' shoulders;
3. The pavement section shall be 2" of asphalt
and 4" of 3/4" crushed base course.
4. The above-mentioned improvements are to be
approved by the Weld County Department of
Engineering Services prior to the request and
issuance of building permits.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Board of County
Commissioners of Weld County, Colorado that the Subdivision Improve-
ment Agreement Bond has been waived as the Developer of Zabka
Farms Subdivision will be allowed to install the subdivision
improvements prior to the issuance of any building permits, and the
Board of County Commissioners of Weld County, Colorado does hereby
approve the same. Said action on waiving the bond requirement is
to be reflected on the Final Plat of Zabka Farms Subdivision.
The above and foregoing Resolution was, on motion duly made
aria' seconded, adopted by the following vote on the 18th day of
j
Janfiary,\A.5. , 1978.
f(, ,,jay r J {. BOARD OF COUNTY COMMISSIONERS
',At'-. r'ATTEST: I k'wnTFa WELD COUNTY, COLORADO
<<,Wcld °county/ Clerk and Recorder _ /0 4
and C erk to the Bo d
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Deputy County rk (,/ ",' , �.-
2:: AS TO FORM: `�,, _
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County Attorney
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Date Presented: January 25, 1978
• rocs 1'74383
822 s /I - 3
SUBDIVISION AGREEMENT
THIS AGREEMENT, made and entered into this 7 day of Novemb er
77, by and between the County of Weld, Colorado, acting through its Board
of County Commissioners, hereinafter called "County" , and
Duane D. and Dorothy Zabka _, hereinafter called
"Subdivider".
WITNESSETH:
WHEREAS, Subdivider is the owner of or has a controlling interest in
the following described property in the County of Weld, Colorado:
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true taint J' Fegi 'rirn ; I
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WHEREAS, a final subdivision plat of said property, to be known as
Zabka Farms Subdivision
has been submitted to the County for approval ; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations pro-
vides that no final plat shall be approved by the Board of County Commissioners
until the Subdivider has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans ,
plats and supporting documents of the subdivision, which improvements , along
with a time schedule for completion, are listed in Exhibits "A" and "B" of
this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said final plat, the parties hereto promise, covenant. and
agree as follows :
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822 $ 1'74383
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1 . Engineering Services : Subdivider shall furnish, at its own
expense, all engineering services in connection with the design
and construction of the subdivision improvements listed on
Exhibit "A" which is attached hereto and made a part hereof by
this reference.
1 . 1 The required engineering services shall be performed
by a Professional Engineer and Land Surveyor registered
in the State of Colorado, and shall conform to the
standards and criteria established by the County for
public improvements.
1 . 2 The required engineering services shall consist of,
but not be limited to, surveys , designs, plans and pro-
files, estimates, construction supervision, and the
submission of necessary documents to the County.
1 .3 Subdivider shall furnish drawings and cost estimates
for roads within the subdivision to the County for ap-
proval prior to the letting of any construction contract.
Before acceptance of the roads within the subdivision by
the County, Subdivider shall furnish one set of repro-
ducible "as-built" drawings and a final statement of con-
struction cost to the County.
2. Rights-of-Way and Easements: Before commencing the construction of
any improvements herein agreed upon, Subdivider shall acquire , at its
own expense, good and sufficient rights-of-way and easements on all
lands and facilities traversed by the proposed improvements. All such
rights-of-way and easements used for the construction of roads to be
accepted by the County shall be conveyed to the County and the docu-
ments of conveyance shall be furnished to the County for recording.
3. Construction: Subdivider shall furnish and install , at its own
expense, the subdivision improvements listed on Exhibit "A" which is
attached hereto and made a part hereof by this reference, according
to the construction schedule set out in Exhibit "B" also attached hereto
and made a part hereof by this reference.
3. 1 Said construction shall be in strict conformance to the
plans and drawings approved by the County and the speci-
fications adopted by the County for such public improve-
ments. Whenever a subdivision is proposed within three
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822 _ 194383'
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miles of an incorporated 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 com-
munity. If the incorporated community has not adopted
such requirements and standards at the time the 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 re-
quirements 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 per-
form all testing of materials or construction that is re-
quired by the County; and shall furnish copies of test re-
sults 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 arrangements
have been made for the installation of sanitary sewer or
septic systems, water, gas , electric and telephone services .
3. 5 Said subdivision improvements shall be completed, according
to the terms of this Agreement, within the construction
schedule appearing in Exhibit "B". The Board of County
Commissioners, at its option, may grant an extension of the
time of completion shown on Exhibit "B" upon application
by the Subdivider.
4. Release of Liability: Subdivider shall indemnify and hold harmless
the County from any and all suits, actions or claims of every nature
and description caused by, arising from, or on account of said Con-
struction, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable
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,'B00 822 174383,
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expenses and attorney 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 workman's
compensation insurance and public liability insurance coverage, and
shall operate in strict accordance with laws and regulations of the
State of Colorado governing occupational safety and health.
5. Acceptance of Streets for Maintenance by the County: Upon com-
pliance with the following procedures by the Subdivider, streets with-
in a subdivision may be accepted by the County as a part of the County
road system and will be maintained and repaired by the County.
5. 1 If desired by the County, portions of street improvements
may be placed in service when completed according to the
schedule shown on Exhibit "B", but such use and operation
shall not constitute an acceptance of said portions.
5.2 County may, at its option, issue building permits for con-
struction on lots for which street improvements detailed
herein have been started but not completed as shown on
Exhibit "B",ard may continue to issue building permits so
long as the progress of work on the subdivision improvements
throughout the development is satisfactory to the County;
and all terms of this Agreement have been faithfully kept
by Subdivider.
5. 3 Acceptance for Partial Maintenance: Upon the completion of
the construction of streets within a subdivision according
to Weld County Specifications , the Subdivider shall request
in writing that the County Engineer inspect said streets and
accept them for partial maintenance by the County. Partial
maintenance consists of all maintenance except for actual
repair of streets, curbs and gutters and related street
improvements. The County Engineer shall accept streets for
partial maintenance for a period of one year. Nine months
after initial acceptance, the County Engineer shall inspect
the subject streets , and notify the Subdivider of any defi-
ciencies. The County Engineer shall reinspect the streets
after notification from the Subdivider that any deficiencies
have been corrected. If the County Engineer finds that the
streets are constructed according to County standards , he
shall recommend the acceptance of the streets for full main-
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tenance to the Board of County Connnissioners .
5.4 Acceptance of Streets for Full Maintenance: Upon receipt of
a recommendation from the County Engineer for acceptance of
streets within the subdivision, the Board of County Commis-
sioners shall accept such streets as public facilities and
County property, and shall be responsible for the full main-
tenance of such streets including repair.
6. Improvements Guarantee: Subdivider shall furnish to the Board of
County Commissioners as guarantee of compliance with this Agreement,
collateral such as , but not limited to, performance or property bonds ,
private or public escrow agreements , liens on property, deposit of
certified funds or other similar surety agreements acceptable to the
Board of County Commissioners. The amount of any of the above guarantees
shall be set by the Board of County Commissioners and portions of the
guarantee may be released upon completion of various portions of the
improvements. All or any portion of the guarantee will be released upon
completion of the guaranteed improvements according to County standards
and the terms of the subdivision plans and plats and, in the case of
the streets, upon acceptance of the streets by the County for full
maintenance as a part of the County road system.
7. Public Sites and Open Spaces : The Planning Commission and the Board
of County Commissioners , upon consideration of vehicular traffic and
facilities and the particular type of development proposed in the
subdivision, may require the dedication, development and/or reservation
of areas or sites of a character, extent and location suitable for pub-
lic use for parks , greenbelts or schools , other than subdivision streets
and utility easements designated, in accordance with one of the following
alternatives, or as specified in the PUD plan, if any:
7. 1 The required acreage as may be determined according to
Section 8-15-B of the Weld County Subdivision Regulations
shall be dedicated to the County or the appropriate school
district, for one of the above purposes. Any area so dedi-
cated shall be approved by the County or school district, and
shall be maintained by the County or school district.
7. 2 The required acreage as determined according to Section 8-15-B
of the Weld County Subdivision Regulations may be reserved
through deed restrictions as open area , the maintenance of
which shall be a specific obligation in the deed of each lot
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822 • • 1'7438,
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within the subdivison.
7.3 In lieu of land, the Board of County Commissioners may re-
quire a payment to the County in an amount equal to the
market value at the time of final plat submission of the
required acreage as determined according to Section 8-15-B.
Such value shall be determined by a competent land appraiser
chosen jointly by the Board and the Subdivider. The cash
collected shall be deposited in an escrow account to be
expended for parks at a later date.
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.
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 COUN Y , COLORADO
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AP E AS TO FORM:
Coun Attorney
SUBDIVIDER:
Duane D, and Dorothy Zabka
- 1F9-97
Ttitle)i
Subscribed and sworn to before me this '-tq day of '"•
My commission expires : 41- 15- b q : Q � ' i
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Notary Public ,,,
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eoo 822 1'74383
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EXHIBIT "A"
Name of Subdivision: Zabka Farms Subdivision
Filing: First Filing Final Platt
Location: SE Corner. Sec. 32
Intending to be legally bound , the undersigned Subdivider hereby agrees to
provide throughout this subdivision and as shown on the subdivision final
plat dated , 19 , recorded on , l9 ,
in Book , Page No. Reception No. , the following
improvements.
(Leave spaces blank where they do not apply. )
Improvements Unit Cost Estimated
Construction Cost
Street grading $0.35 $ 481.25
Street base $0.90 $ 495.00
Street paving $1.90 $1.045.00
Curbs , gutters, and culvert% //p.m/
Sidewalks
Storm Sewer facilities
Retention ponds
Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals (house conn)
On-site Sewage facilities
On-site Water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
#1-2-7-45;/S
SUB TOTAL
Engineering and Supervision Costs (-0_)
(testing, inspection, as-built plans and work in addition to preliminary
and final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 24121..95.
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 its duly authorized agent.
Said improvements shall be completed according to the construction schedule
set out in Exhibit "B".
Signature of Sub i id
(If corporation, to he signed by President and attested to by Secretary,
together with corporate seal . )
Date: //— , 1977
. 13 .?322 1743831
X, d' /6
EXHIBIT "B"
Name of Subdivision: Zabkalt Farms Subdivision
Filing: First Filing Final Platt
Location: SF c.rnwr, con. 32,
Intending to be legally bound , the undersigned Subdivider hereby agrees to
construct the improvements shown on the final subdivision plat of
Subdivision, dated , 19 ,
Recorded on , 19 , in Book , Page No. Reception
No. , and listed on Exhibit "A" of this Agreement, according to
the following schedule.
All improvements shall be completed within a Mon htrom the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be com-
pleted as follows:
(Leave spaces blank where they do not apply. )
Improvements Time for Completion
Street grading Feb- 1978
Street base March 1978
Street paving April 1978
Curbs, gutters , and culverts
Sidewalks
Storm Sewer facilities
Retention ponds
Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals7house conn)
On-site Sewage facilities
On-site Water supply and storage
Water mains
Fire hydrants
Survey &street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
SUB TOTAL ______- May 1, 1978
The Board of County Commissioners, at its option , and upon the request by the
Subdivider, may grant an extension of time for completion for any particular
improvement shown above, upon a showing by the Subdivider that the above
schedule cannot be met.
Signature of Subdi 1 er
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal . )
Date: //1/ 1/ - , 19_/.7
Boo& 822 a . 1743834
a-//
Certificate of Dedication2_0wnership, and Maintenance
Ar
KNOW ALL MEN BY THESE PRESENTS: that we, Duane D. 7abka and Dorothy 00
Zabka being the owners of a parcel of land located in the E; SP:; of a A
Section 32, Township 6 North, Range 65 West of the 6th P.M. , County , ' Iii
of Weld, State of Colorado, being more particularly described as To
follows :
Beginning at the Southeast Corner (SE Cor) of said Section 3?, and
considering the East line of said Section 32, as hearing North 00°07'40"
West, with all other bearings contained herein relative thereto;
Thence North 00°07'40" West, along said East line, 665.16 feet to the
True Point of Beginning; •
Thence South 89°53' 20" West, 433.15 feet;
Thence North 63°22'00" West, 206.68 feet;
Thence North 06°45' 30" West, 288.00 feet;
I Thence North 07°26'06" West, 205.21 feet:
Thence along the arc of a curve to the left whose radius is 3025 feet
and whose long chord bears North 09°56'04" West, for a distance of
124.17 feet; "
Thence South 83°19' 20" East, 703. 13 feet to a point on the East line
of said Section 32;
Thence South 00°07' 40" East , along said East line, 621 .84 feet to the
True Point of Beginning.
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BE. THE WELD COUNTY, COLORADO PLAWNG COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Date January 3, 1978 Case No. S# 143 :77:16
APPLICATION OF Duane Zabka
ADDRESS P.O. Box 446, Greeley, Colorado 80631
Moved by Harry Ashley 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 Final Plat—Zabka Farms located on the following described pro-
perty in Weld County, Colorado, to-wit:
See attached
be recommended (favorably) @IXQXXX,IYZ to the Board of County Commissioners
for the following reasons:
1. The final plat conforms in all major respects to the preliminary
plan as previously approved.
2. The applicant has complied with the final plat submisssion
requirements as set forth in the Weld County Subdivision Regulations.
3. The final plat conforms with Section 8, Design Standards, of the
Weld County Subdivision Regulations.
4. The City of Greeley Planning staff reviewed the final plat and
viewed no significant changes and therefore feels it unnecessary
to submit the plat to the City Planning Commission as they recommends
approval of the preliminary plan on September 13, 1977.
5. The Weld County Utility Advisory Board recommended approval of the
utility design on December 29, 1977, with one condition.
Motion seconded by Ben Nix
Vote: For Passage Chuck Carlson Against Passage
Bette Kountz
Ben Nix
Irma White
Harry Ashley
Frank Suckla
Jerry Kiefer
Marge Yost
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.
CERTIFICATION OF COPY
I, Shirley A. Phillips, Recording Secretary of the Weld County Planning Com-
mission, do hereby certify that the above and foregoing Resolution is a true copy
of the Resolution of the Planning Commission of Weld County, Colorado, adopted on
January 3, 1978 and recorded in Book No. VI of the proceedings of
the said Planning Commission.
Dated the 3 _day of January 19 78.
Secretary
Certificate of Dedication, Ownership, and Maint`eence '4" //
KNOW ALL MEN BY THESE PRESENTS: that we, Duane O. Zabka and Dorothy Pq
Zabka being the owners of a parcel of land located in the Ez SEa of A I
Section 32, Township 6 North, Range 65 West of the 6th P.M. , County , frI1.
of Weld, State of Colorado, being more particularly described as
follows: ' )y
Beginning at the Southeast Corner (SE Cor) of said Section 32, and
considering the East line of said Section 32, as bearing North 00°07'40" 1
West, with all other bearings contained herein relative thereto;
Thence North 00°07'40" West, along said East line, 665.16 feet to the 4 '
True Point of Beginning; •
Thence South 89°53' 20" West, 433.15 feet; a,
Thence North 63°22'00" West, 206.68 feet; I ' P
Thence North 06°45'30" West, 288.00 feet;
irai
Thence North 07°26'06" West, 205.21 feet:
Thence along the arc of a curve to the left whose radius is 3025 feet i , r,'.if
and whose long thord bears North 09°56'04" West, for a distance of
124.17 feet;
Thence South 83°19' 20" East, 703. 13 feet to a point on the East line ' •
amamof said Section 32;
°7hence South 00°07'40" East, along said East line, 621 .84 feet to the -74,1i,--P4";
True Point of Beginning. ii ,
Duane Zabka
S-143 : 77: 16
P. C. RESOLUTION
January 3, 1978
The Planning Commission recommendation is subject to:
1. The applicant submitting proof of a fugitive dust permit
for subject property prior to construction as per Weld
County Health Department letter of December 27, 1977.
2. Compliance with the Weld County Utility Advisory Board's
condition of December 29, 1977, which requires submittal
of a plan profile of the private driveway easement prior
to construction if the driveway is to be surfaced other
than gravel.
3. Approval and acceptance of the Subdivision Agreement and
park fee by the Weld County Board of County Commissioners.
FINAL SUBDIVISION APPLICATION
Weld County Planning Department Services Building, Greeley, Colo.
FOR PLANNING DEPARTMENT USE ONLY: CASE NUMBER
SEC: TWP RANGE:
LAND CODE:
T: S: 1/4: KEY:
SUB/DIV CODE:
SUB: BLK: LOT: KEY:
APPLICATION FEE:
APP. CHECKED BY:
REFER TO:
1) DATE _ REC. NO:
2) DATE LEGAL DESC. APPROVAL
3) DATE
4) DATE_
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE REQUIR-
MENTS: Print or type only, except for necessary signatures.
I (we) , the undersigned, hereby request a hearing before the Weld County
Planning Commission concerning proposed subdivision of the following
described unincorporated area of Weld County. LEGAL DESCRIPTION:
Attached
(if additional space is required, attach an additional sheet of this same
size.)
NAME OF PROPOSED SUBDIVISION Zabka Farms Subrli vi si or
EXISTING ZONING „ ,t c t„
PROPOSED ZONING O :,-ti-'
TOTAL AREA (ACRES) c; 6r9 +
NUMBER OF LOTS PROPOSED Four (4)
LOT SIZE: AVERAGE 1f , 000 sq . ft. MINIMUM 1H , 000 sq. ft.
UTILITIES: WATER: NAME Borth Weld County Water District
SEWER: NAME Septic
GAS: NAME Greeley, Gas Co.
PHONE: NAME Itountain Bell
DISTRICTS: SCHOOL: NAME School District 6
FIRE: NAME Western Hills
DESIGNERS' NAMEDuane D. Zahka ADDRESS Greeley Colo.
ENGINEERS' NAME Freese En .ineering- ADDRESS Greeley, Colo.
FEE OWNER OF AREA PROPOSED FOR SUBDIVISION
NAME Duane D. and Dorothy ADDRESS 'tt PrA y / TELE.
NAME Zabha ADDRESS Greeley Go o• TELE. Jac —UUlj
NAME ADDRESS TELE.
I hereby depose and state under the penalties of perjury that all statements,
proposals and/or plans submitted with or contained within the application
are true and correct to the best of my knowledge.
COUNTY OF 1.rnlrr )
STATE OF Colorado ) / r .2
Signature: Or or Authorized Agent
Subscribed and sworn to before me this I IA day of Iv ;: ,
19 i"i .
{.,
SEAL ,( ) . -1 - <_' '_ r r�-(., . .k,_
NOTARY PUBLIC
My commission expires: -/ I ' 1 `1 _
PC- Sub - 6
„a
SUBDIVISION AGREEMENT "✓✓
THIS AGREEMENT, made and entered into this 7 day of Novemb er ,
77, by and between the County of Weld, Colorado, acting through its Board
of County Commissioners, hereinafter called "County" , and
Duane D. and Dorothy Zabka , hereinafter called
"Subdivider".
WITNESSETH:
WHEREAS, Subdivider is the owner of or has a controlling interest in
the following described property in the County of Weld, Colorado: —
Reg into,1 rg t a ' +tre 11 heart. tr ::d 1 •' ($ ( u , LIil, Arirl tl` ,,11,1 and
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ron ,t.i,_r•trc he E , line ,t 'i
West , ,.'ith all oti, r hearings , ontnlned Berl.ir relative Ih, rrto;
Thence North u0"( ,' 1 ' West , t ) orin Said Fast line, 61' .16 feet, ti) the Hi '
True Foint of Eeginrintl ; ),, I
Thence South S.'°V O ' West . 4 ' ;.15 feet;
Thence North 6.302?'n West , ?0f.fF feet ; 1
Thence North ?JO')5) ; 1 West., .CO ffc•f:t :
Theme North '); 'r'. I ' ' "•hes* , ". '1 feet
Thence a :nn�. he ere )` d Urv1 t�, the lei wI :1: 1 I'd'!i '.1 k 'O'5;feet .IL
and whose lore, chor ' bedrs t,nr to 6'(0`,6 '04 Ut ra. , r n :It I ten. f
124 . 1 feet;
0
Th,.ncr ,uutr '.. 01 .• East, 3 feet ro 0 n•,int ti,e ' ,rs.t line, I �
of .,,, i,1 `.section :
Th"rc mouth :)00') ' East , d i.i;l sail i ,., t 1 it,(.. . G, ; , , tf t: the ''
True i ( f'ii It ii{fj I.i`I
6ri1 1 , Iii r 41 ! ,, � { . V! 1. ".I .1• lulu iJUt,
a `tA. f. it'` I . !.c t,t, I ' 4 ) 1 t t1i 1 1(/ It , 11 IV. 9 on this Ii
H
Ha' , .r ,let (l r• nn ,. I. ',Al I:. ( : ? t)i. : . I i t .r rl!l d0 hAreby ll r)
„�
,I,•(-1-, , :1 • ' I'i 'i !I'C 1 1l , .",r , ti"r.' lt,• l ' I1 n1 •-nf 1 I , drd .- L�
e/e.t 11.t.', 1u1 • I ,'• I I ' r . 'ri t 'ri' a :II'. •'r're NU
by t..Th 11Vort'l riv It • . , , ,- 1i, i 1c+r 011
Lc; n riai '1 , nr 1 t ('.,4 , . I
r
WHEREAS, a final subdivision plat of said property, to be known as
Zabka Farms Subdivision
has been submitted to the County for approval ; and
WHEREAS, Section 11-1 of the Weld County Subdivision Regulations pro-
vides that no final plat shall be approved by the Board of County Commissioners
until the Subdivider has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans ,
plats and supporting documents of the subdivision, which improvements , along
with a time schedule for completion, are listed in Exhibits "A" and "B" of
this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance
and approval of said final plat, the parties hereto promise, covenant and
agree as follows :
S
•
EXNIBIF "A"
Name of Subdivision : 7ahka Farms Subdivision
Filing: First Filing Final Platt
Location: SE Corner. Sec, 32
Intending to be legally bound, the undersigned Subdivider hereby agrees to
provide throughout this subdivision and as shown on the subdivision final
plat dated , 19 , recorded on , 19 ,
in Book , Page No. , Reception No. , the following
improvements.
(Leave spaces blank where they do not apply. )
Improvements Unit Cost Estimated
Construction Cost
Street grading 28 ,
Street base • •0 $ 495.00
Street paving ;• • 5.00
6 t3i;—qu44srs, and culvert �► - ,. - ,
Sidewalks
Storm Sewer facilities
Retention ponds
Ditch improvements
Sub-surface drainage
Sanitary sewers
Trunk and forced ines
Mains
Laterals house conn
On-site Sewage facilities
On-site Water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
SUB TOTAL
Engineering and Supervision Costs (-0_)
(testing, inspection, as-built plans and work in addition to preliminary
and final plat; supervision of actual construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ 01.24.5./5__Ralakag,
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 its duly authorized agent.
Said improvements shall be completed according to the construction schedule
set out in Exhibit "B".
Signature of Sub i ider
(If corporation, to he signed by President and attested to by Secretary,
together with corporate seal . )
Date:_ , 192
EXHIBIT "B"
Name of Subdivision : 7ahkalf Farms Subdivision
Filing: First Filing Final Platt
Location: SF cnrnsr, con. 39, .
Intending to be legally bound, the undersigned Subdivider hereby agrees to
construct the improvements shown on the final subdivision plat of
Subdivision, dated , 19
Recorded on , 19 , in Book , Page No. Reception
No. , and listed on Exhibit "A" of this Agreement, according to
the following schedule.
All improvements shall be completed within Mon heron the date of
approval of the final plat.
Construction of the improvements listed in Exhibit "A" shall be com-
pleted as follows:
(Leave spaces blank where they do not apply. )
Improvements Time for Completion •
Street grading Fehr 1979
Street base March 1978 -
Street paving April 1978
Curbs, gutters , and culverts
Sidewalks
Storm Sewer facilities
Retention ponds
Ditch improvements „
Sub-surface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals7house conn)
On-site Sewage facilities
On-site Water supply and storage
Water mains
Fire hydrants
Survey & street monuments & boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements
SUE TOTAL __— --Ailoy--1.4_1,92/1
The Board of County Commissioners, at its option, and upon the request by the
Subdivider, may grant an extension of time for completion for any particular
improvement shown above, upon a showing by the Subdivider that the above
schedule cannot be met.
Signature of Subduer
(If corporation, to be signed by President and attested to by Secretary,
together with corporate seal . ) f/ /7
---Date: / 7 , 19.22
• ■ January 3, 1973
UTILITY INSTALLATION AGRETJ1!F
Iln _ Greeley. ans, en_ r and the
•
•_ ttIrth Weal i Wads l:. Di
and hountain
hereinafter collectively called "Utility (:cxiVanies", and lilt r.:le D.
and Dorothy Zabka , hereinafter called "Developer",
enter into the following agreement this 7 _ day of. November •
19 77 .
W I THE SSETH:
1. The Developer is the owner or builder of a certain subdivision, --
planned unit development, planned building group or other commercial,
residential or industrial real estate development (hereinafter
called "Development") known as _ Zabka Farms Sutd.gisi nn
2. Developer desires to have telephone, electric, gas,
and• 'dater services available to the future purchasers
or tenants of his development as soon as practically possible.
3 Developer desires to have the utility cables, wires, pipe, conduits,
etc. , underground.
4. In order to provide telephone, electric, gas,
and Water , service at the
earliest practical date, it is necessary for the Utility Companies to
con once installation of underground facilities during the con-
struction of the development.
-1-
t t
agreeing on such a plan, the Utility Company will reimburse the De-
veloper and/or other Utility Companies for costs incurred in accom-
modating such changes; as well as, relocating service facilities with
all reasonable dispatch. Signatories of this contract may unilateral-
ly or mutually agree in writing to relieve the other of this liability
in specific or general cases.
C) This Agreeuunt shall be binding upon and inure to the benefit of the
signatories, their successors, assigns and legally appointed repre-
sentatives.
11.LI . C. .J ll _ Fountain lien
Its _ Its azea /?7:67Lc?L
Greeley n s C . DEVEIDPFR: Duane D. and
Dorothy Zahka
By
7
ItsSil 44,44/46-2, Y / 7,L-Lc_ Fix_ j/, .- 62-e-L,„
Its
_f:Ama_i,i ,:lit aril Iotaer -U4-1d-County Heal.th--D pt.
p,y yl � u 1-1I- `<% I3y 'x
lt o-; ��l �7`- C K�`. z lc�����_ Its ��
Au>
• .ter •
•
PROTECTIVE COVENANTS
APPLICABLE TO THE LAND HEREINAFTER DESCRIBED
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, DUANE D. ZABKA
and DOROTHY ZABKA, do hereby certify and declare that all of the lands embraced
in:
Lots 1, 2 and 3, ZABKA FARMS SUBDIVISION,
a parcel of land, in the E1/2 SE' of Section
32, Township 6 North, Range 65 West of the
6th P.M. , Weld County, Colorado
shall be subject to the restrictions, covenants and conditions hereinafter
expressed and that by the acceptance of any conveyance the Grantee or Grantees
therein, their and each of their heirs, personal representatives, successors
or assigns, as to any and all such property, will and do agree thereto:
1. Land Use and Building Type: No part of the above described real
property shall be occupied or used by any owner thereof for other than residen-
tial purposes. No building or dwelling having a total of less than One Thousand
Four Hundred (1,400) square feet, exclusive of garages, carports, open patios,
breezeways or screened porches, shall be erected or permitted on any lot. No
tent, shack, garage, barn, trailer or other outbuildings shall be used or
occupied as a residence, temporarily or permanently. All dwellings constructed
on the subject property shall be an exterior of a minimum of one-half brick
or stone and shall be of new construction.
2. Signs: No sign of any kind shall be displayed to the public view
on any part of the above described property, except one sign of not more than
five square feet advertising a dwelling for sale or rent, and signs used by a
builder to advertise the dwelling or dwellings during construction and sales
period.
3. Architectural Control: No building shall be erected, placed or
altered on any lot until the construction plans and specifications and a plan
showing the location of the structures have been approved by the architectural
control committee as to the quality of workmanship and materials, harmony of
external design with existing structures, and as to location with respect to
topography and finish grade elevation. No fence or wall shall be erected,
placed or altered on any lot nearer to any street than the minimum building
setback line unless similarly approved. (Approval shall be as provided in
paragraph 5 below. )
4. Membership: The architectural control committee is composed of
Duane D. Zabka, Dorothy Zabka, Martin R. Bird and Charles D. Bird, all of
Greeley, Colorado. A majority of the committee may designate a representative
to act for it. In the event of death or resignation of any member of the
committee, the remaining members shall have full authority to designate any
member of the committee, the remaining members shall have full authority to
designate a successor. Neither the members of the committee, nor its designated
representatives shall be entitled to any compensation for services performed
pursuant to this covenant.
5. Procedure: The committee's approval or disapproval as required in
these covenants shall be in writing. In the event the committee, or its desig-
nated representatives, fail to approve or disapprove within 30 days after
pains and specifications have been submitted to it, or in any event, if a suit
to enjoin the construction has been commenced prior to the completion thereof,
approval will not he required and the related covenants shall be deemed to have
been fully complied with.
6. Nuisances: No noxious or offensive activity shall be carried on
upon any part of the above described property, nor shall anything be done
thereof which may be or may become an annoyance or nuisance to the neighborhood.
• • 1„,
7. ' Livestock and Poultry: No animals, livestock or poultry of any
kind shall be raised, bred or kept on any part of the above described real
property, except that dogs, cats, or other household pets may be kept thereon
if they are not raised, bred, kept or maintained for any commercial purpose.
8. Oil and Mining Properties: No oil drilling, oil development
operations, oil refining, quarrying or mining operations of any kind shall be
permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral
excavations or shafts be permitted upon or in any lot. No derrick or other
structure designated for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any lot.
9. Easements: Easements for the installation and maintenance of
utilities are reserved as shown in the records of the Clerk and Recorder of
Weld County, Colorado. No building or other permanent structure shall be
erected or maintained on any part of any area reserved as an easement and/or
right-of-way, but the owners of lots may erect and maintain a fence, wall
or hedge along the property line within the areas reserved as easements or
rights-of-way subject at all times to the prior rights to use such areas for
the purpose of installing and maintaining services and utilities.
10. Building Location: No residential dwelling shall be located on
any part of the above described property nearer than twenty feet to the front
landscape buffer as shown on the plat of the above described property or nearer
than twenty feet to any side or rear lot line. For the purpose set forth in
this paragraph, eaves, steps and open porches shall not be considered as a part
of the residential dwelling; provided, however, that this shall not be construed
to permit any portion of a building on a lot to enroach upon another lot.
11. Garbage and Refuse Disposal: No lot shall be used or maintained as
a dumping ground for rubbish. Trash, garbage or other waste shall not be kept
except in sanitary containers. All incinerators or other equipment for the
storage or disposal of such material shall be kept in a clean and sanitary con-
dition.
12. Maintenance of Private Drive: The private access drive as shown
on the plat of the above described property shall be for the use of the owners
of the above described lots, their guests and invitees. The cost of maintenance
of said drive shall be borne equally by the owners of said Lots 1, 2 and 3.
13. Term: The restrictions and limitations set forth herein are to
be construed as covenants running with the land and shall be binding on all
parties and all persons claiming any part of the above described real property,
for a period of twenty-five years from the date these presents are recorded in
the office of the County Clerk and Recorder of the County of Weld and State of
Colorado, after which time they shall be automatically extended for successive
periods of ten years unless an instrument signed by the then owners of a majority
of the real property hereinabove described has been recorded in the office of
said County Clerk and Recorder, agreeing to change said covenants in whole or
in part.
14. Enforcement: The owners or owner of any of the above described
real property may enforce the restrictions and limitations herein set forth by
proceedings at law or in equity against any person or persons violating or
attempting to violate any of the said restrictions and limitations, either to
recover damages for such violation or to restrain such violation or attempted
violation.
15. Severability: Invalidation of any one of the restrictions and
limitations herein set forth by judgment or Court order shall in nowise affect
any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, Duane D. Zabka and Dorothy Zabka have executed these
presents this day of , 197
Duane D. Zabka Dorothy Zabka
STATE OF COLORADO )
COUNTY OF WELD ) ss.
The foregoing instrument was acknowledged before me this day of
, 197 by Duane D. Zabka and Dorothy Zabka.
My commission cxpirws:
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GREELEY CIVIC CENT LI?
GREELEY. COLORADO 80631
PHONE 303! 3536123
December 27 , 1977
Tom florin
Department of Planning Services
Weld County Centennial. Center
915 Tenth Street
Greeley, CO 80631
Dear Tom:
Re : Zabka Subdivision
The staff has reviewed the Final Plat for the Zahka
Farms Subdivision and it is found to he in compliance
with the Preliminary Plat which was approved by the
Planning Commission on September 13 , 1977 . Since there
are no significant changes we feel it will not he
necessary to take this item to the Planning Commission.
If I can he of further assistance , please do not hesitate
to contact me .
Sincerely,
m Given
rrent Planner
.IG : ka
"A COMMUNITY OF PROGRESS"
• re-nonrith
Pluming Commii.sion January 12 , 1978
L RA
(:O1.0RADO Prom _
Zahkt Farms Subdivision
Suhjrct
'- � � I ' - c-n:-re factors an.il calculations used in my
memo dated 12-23-77 are in error , I now submit the
following appraisal as a corrected and/or amended
appraisal
1977 Sale price $ 100, 000 . 00
Less house value 57, 600 . 00
i 42 , 100 . 00
Less all other improvements 8 , 000. 00
Value of 9 . 653 acres land $ 34 ,400. 00
Value per acre $ 3 , 563. 66
Round to $ 3 , 560 . 00
Therefore from the above calculations , and in my opinion ,
the land market value of said property would be $3 , 560 . 00
per acre.
C'll51:"hot
Gilman E. Olson
mfm
--___________ _ - � HI Co
1 O0O
.tik\ ' I .> .,ft/
135- . ` }: s I �`r ,c �f/
At t � E 1 ; I
1
de noRAnDufit.
WIDCTo Ken McWilliams Date December 20, 1977
COLORADO From
Zabka Farms Subdivision
Subject:
A detail of the entrance off of County Road 41 ( 1st Avenue)
will not be required. However the following requirements
should be met :
1 . A 40 ' long 15" diameter culvert should be
installed under the entrance.
2. There should be a 24 ' wide paved surface with
a 20' radius beginning at the edge of the
existing road, and 4' shoulders .
3. The pavement section should be 2" of asphalt and
4" of 3/4" crushed base course .
There are no requirements for drainage provisions at this
site.
Drew Scheltinga
mfm
` ,1 \' ,' `i `� „ .A A e 1\ . —1 Ale .. �
l .• .. ,
°-IZ.'7 ( .7 ."7
i. s
VV e1CY County I C lth DJ p DDS Greeley
OF HEALTH
eQ a artment DAVID WEANING. DDS. Greeley
FRANKLIN D. YODER, MD. MPH - RALPH AAB. Greeley
Dueclor 1516 HOSPITAL ROAD WILLIAM RUCK. Roggen
GREELEY, COLORADO 80631 DORIS DEFFKE, Greeley
DONALD HERGERT, Windsor
I303j 353-0540
ANNETTE M LOPEZ. Greeley
HFRSCHEL PHFIPS, JR. M D
Greeley
KATHLEEN SHAUGHNESSY, Aug
JOE STOCKTON. GrIcresl
December 27, 1977
Mr. Gary ForLncr, Director
Planning Commission
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
This department approves the Final Plat for Zabka Farms Subdivision
with the following provisions:
1. Application for a fugitive dust permit shall
be made prior to construction.
2. Private incinerators for home use are prohibited.
(Paragraph No. 11, Residential Covenants) .
Sincerely,
John G. Hall, M.P.H. , Director
Environmental Health Services
JGH:dr
• • fimMil
Zabka Farms Subdivision
S-1.43 : 77: 16
SURROUNDING PROPERTY OWNERS
December 23 , 1977
Great Western Sugar Company
1302 - 1st Avenue
Greeley , CO 80631
Adolph & Cecelia Lesser
Route 1 , Box 243
P.O. Box 275
Greeley, CO 80631
Leonhard & Marjorie Ann Rosin
Route 1 , Box 244
Greeley, CO 80631
James & Mary Reeves
Route 1 , Box 238
Greeley , CO 80631
Larry & Karen Bohlender
671 North 1st Avenue
Greeley , CO 80631
Bertha McElroy, etal
c/o Katherine McElroy
P. O. Box 609
Greeley , CO 80631
Hello