HomeMy WebLinkAbout20153075.tiff RESOLUTION
RE: APPROVE DEVELOPMENT AGREEMENT FOR PIONEER PLANNED UNIT
DEVELOPMENT CHANGE OF ZONE, PZ-1125, AND AUTHORIZE CHAIR PRO-TEM
TO SIGN - GREENLEAF ACRES, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Development Agreement for Pioneer
Planned Unit Development Change of Zone, PZ-1125, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Planning Services, and Greenleaf Acres, LLC, commencing upon full execution of
signatures, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Development Agreement for Pioneer Planned Unit Development
Change of Zone, PZ-1125, between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Planning
Services, and Commissioners of Weld County, on behalf of the Department of Planning Services,
and Greenleaf be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tern be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of September, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:d �� � � EXCUSED
� � Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
ro��
Mike Freeman, Pro-Tem
D y Clerk to the Bo rd ��� 1E,L /
j -a . Conway
APP• •V AS To s M 11*61 ,,� �
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10I I 'Steve Moreno
Date of signature: r
2015-3075
C ►�:7L 1O/5 PL1939
DEVELOPMENT AGREEMENT
d
THIS DEVELOPMENT AGREEMENT is entered into this 73-"day of September,
2015, by and between Greenleaf Acres, LLC, a Colorado limited liability company whose
principal address is 23670 CR 22, Hudson, Colorado, 80642 ("Greenleaf') and the COUNTY OF
WELD, a body corporate and politic of the State of Colorado, by and through its Board of
County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 (referred to
hereinafter as the "County"). Collectively, the County and Greenleaf may be referred to as the
"Parties."
RECITALS
WHERES, Greenleaf is the owner of that certain real property located in the County of
Weld, State of Colorado, being more particularly described on Exhibit A, attached hereto (the
"Property);
WHEREAS, the Property is part of the Pioneer PUD Change of Zone Plat of which was
recorded on August 1, 2013, as Reception No. 3952364 in the records of the Weld County Clerk
and Recorder (the"PUD");
WHEREAS, pursuant to the terms of the PUD, the Property is part of the Agricultural
area of the PUD;
WHEREAS, Greenleaf desires to obtain building permits in order to construct residential
dwellings to be located on the Property (the"Residences"), prior to the recordation of the Final
PUD Plat; and
WHEREAS, County agrees to issue and release building permits to Greenleaf for the
purpose of construction of the Residences subject to the terms and conditions of this Agreement.
NOW THEREFORE, for good and valuable consideration, including in consideration of
the foregoing and of the promises and covenants contained herein, the Parties covenant and agree
as follows:
1 Building Permits. County agrees to issue building permits for the construction of
the Residences subject to all of the standards prerequisites, conditions precedent and applicable
fees for the issuance of such permits.
2. Water and Sewer. Pursuant to the terms of the PUD, water and sanitary services
shall be obtained from the Resource Colorado and Sanitation Metropolitan District, serving the
Pioneer Metropolitan Districts. At the present time, water and sanitary services are not available
from Resource Colorado and Sanitation Metropolitan District to service the Property. Greenleaf
agrees to connect a Residence to such water and sanitary services within One Hundred and
Eighty (180) days after such time as both water and sanitary mains capable of servicing the
Property are located within five hundred (500) feet of the main access to such Residences.
2015-3075
>PL(g39
3. Further Development. The County shall not issue any additional building
permits for new improvements besides the Residences to be located on the Property until such
time as a Final Plat is submitted for the Property, or the Property is removed from the PUD,
whichever occurs first. Such restriction shall not prevent or limit Greenleaf from obtaining
additional building permits to replace or repair existing lawful improvements located on the
Property.
4. Bulk Requirements. At the time a Final PUD Plat is recorded for the Property,
Greenleaf shall comply with the applicable bulk requirements set forth in the Pioneer PUD
Change of Zone Plat, which is one (1) single-family dwelling for every 80 acres. For the
purposes of this Development Agreement, prior to the recording of the Final PUD Plan,
Greenleaf shall be allowed the issuance of building permits for up to five (5) single-family
dwellings and five (5) accessory buildings as long as they comply with said bulk requirements.
5. Governmental Immunity. No term of condition of this Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the immunities, rights,
benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§ 24-10-
101 et seq., as applicable now or hereafter amended.
6. No Third-Party Beneficiary Enforcement. It is expressly understood and agreed
that the enforcement of the terms and conditions of this Agreement, and all rights or action
relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing
contained in this Agreement shall give or allow any claim or right of action whatsoever by and
other person of entity not included in this Agreement. It is the express intention of the
undersigned parties that any person or entity, other than the undersigned parties, receiving
services or benefits under this Agreement shall be an incidental beneficiary only.
7. Authority. Each person signing this Agreement represents and warrants that he or
she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party
represents and warrants to the other that the execution and delivery of the Agreement and the
performance of such party's obligations hereunder have been duly authorized and that the
Agreement is a valid and legal agreement binding on such party and enforceable in accordance
with its terms.
8. Successors and Assigns. This Agreement shall constitute a covenant running with
the land and shall be binding upon all parties having any right, title or interest in and to the
Property, including the successors and assigns of the Parties. A copy of this Agreement shall be
recorded in the real estate records of the Clerk and Recorder of Weld County, Colorado.
9. Amendments. This Agreement may only be amended by a written agreements
executed by all parties hereto.
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10. Entire Agreement.. This Agreement represents the entire understanding of the
Parties concerning the subject matter hereof, and this Agreement shall supersede all previous
communications, representations or agreements, either verbal or written, between the Parties.
1 I. Headings. The headings set forth in this Agreement are for reference only and
shall not be construed as an enlargement or abridgment of the terms of this Agreement.
IN WITNESS WHEREOF, the Parties execute this Development Agreement on the
date(s) set forth below:
ATTEST: d�,++i/ / 6 %� BOARD OF COUNTY
WELD COUNTY Clerk to the Board COMMISSIONERS WELD COUNTY,
COLORADO
7 •
By: By: /l 1
(Deputy) Clerk to the Bo.• II,4 Mike Freeman Chair Pro-Tem
i 00.1
"�'`• — al SEP 2 3 2015
'�:��.►` GREENLEAF ACRES, LLC,
11' 1 a Colorado limited liability company
By:` CV) FL
Barry V ehr, Manager
Date: q- '
STATE OF COLORADO
} ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this /74/hday of
September, 2015, by Barry L. Fehr, Manager of Greenleaf Acres, LLC.
Witness my hand and official seal:
_AltRA'2dA et or -6),Lehl,V
Notary Public
SANDRA L. EVERITT
My commission expires: 51?l/,q • NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054039451
MY COMMISSION EXPIRES 08-21-2019
3
02045. 3O1,5
EXHIBIT "A"
PROPERTY DESCRIPTIONS FOR GREENLEAF ACRES LLC AGRICULTURAL
PROPERTIES
Parcel Number Schedule Number Property Description
130702000001 R5127886 W2 2-2-65
130702000011 R5128186 E2 2-2-65
130711000026 R1032502 NE4 11-2-65 LOT A AMRE-586
130711400029 R1033002 W2 2-2-65
13071 1400030 R1033102 PT S2E2 11-2-65 LOT C CORR
REC EXEMPT RE-2897
130712000008 R5137286 PT N2 12 & S2 1-2-65 BEG N4
COR SEC 12 S87D53'E ALG N LN
NE4 248.24' TO TRUE POB TH S0D09'W
14.53.15' S30D02'E 1320.85' S86D30'E
1667.16' TO E4 COR SEC 12 N88D30'W
ALG S LN NE4 2582.93' TO CENTER SD
SEC NOD 16'E ALG W LN NE4 660' TH
N60D W TO PT 1320' S OF N LN NW4 N
PAR TO E LN NW4 1320' TH S87D53'E
ALG SD N LN 961.47' N75D E 391.65'
S89D50'E 228.36' SOD09'W 123' TO POB
130712000009 R5137386 NW4 12-2-65 EXC BEG AT NE
COR NW4 W1320' S 1320' SELY TO PT
ON E LN NW4 1980'S OF NE COR NW4
N 1980' TO BEG
130712400012 R4682407 PT SE4 12-2-65 EXC BEG COMM SE
COR SE4 SEC 12 N89D37W 30'
NOOD30W 30' TO POB N89D37W 1267.25'
N89D36W 921.05' N02D 18E 564.06'
N22D47E 449.91' N42D26E 465.5'
N26D43E 366.45' N12D51E 535.81'
N05D03E 469.22' S87DOOE 1330.48'
SOOD30E 1.06' SOOD30E 2583.26' TO POB
1
130713000014 R5137686 NW4 13-2-65 EXC UPRR RES
130713100003 R8940478 PT NE4 13 2 65 EXC BEG COMM SE
COR NE4 SEC 13 TO POB N89D49W
2352.72' Ni 1D00E 718.92' N06D13E
384.11' N04D 16W 328.20' N00D0IE
382.45' N03D34W 499.69' NO2D18E
307.48' S89D36E 923.48' S89D37E
1267.82' SOOD33E 2592.92' TO POB ALSO
EXC COMM N4 COR SOOD36E 30 TO
POB S00D36E 80 S89D36E 445.47 M/L
N02D 18E 80 N89D37W 449.54 M/L TO
POB
130714200038 R1822502 PT NW4 14-2-65 LOT B REC EXEMPT
RE-2901
130715100029 R1084202 PT NE4 15-2-65 LOT B REC EXEMPT
RE-2900
130714200037 R1822402 PT NW4 14-2-65 LOT A REC EXEMPT
RE-2901 (.22R)
130715100030 R1084302 PT NE4NE4 15-2-65 PARCEL B SUB
EXEMPT SE-151
130712300010 R6992997 PT SW4 12-2-65 LOT A REC EXEMPT
RE-1923 (.25R)
130712300014 R6779475 PT SW4 12-2-65 PT LOT B REC EXEMPT
RE-1923 BEG CENTER SEC 12 S88D59'W
2046.33' TO POB SOD03'W 2381.63'
N89D36'W 175.86' N0D23'E 2381.63'
S89D36'E 175.86' TO POB
130712300015 R6779476 PT SW4 12-2-65 PT LOT B REC EXEMPT
RE-1923 EXC BEG CENTER SEC 12
S88D59'W 2046.33' TO POB SOD03'W
2381.63' N89D36'W 175.86' N0D23'E
2381.63' S89D36'E 175.86' TO POB
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