HomeMy WebLinkAbout20141839.tiff RESOLUTION
RE: APPROVE DEVELOPMENT AGREEMENT AND AUTHORIZE CHAIR 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 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 signature, 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 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, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 18th day of June, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:((.� J,��,// LL ® �Z L(��
C/ �,LIO;yC Douglas a emach r air
Weld County Clerk to the Board
l arbara Kirkmeyer Pro-T m
BY? URr iL u _04(
os
ty Clerk to the Board
"v JEX,aSean R Conway C
APP V AS RM:
%19 'ke Freem
Attorney � y �/ 2
®( °�' a . Garcia
Date of signature: 1 S 2oi`/
�i I original CC'•Pt.&Pi MA CA LW!),? Groom
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on W18 PL0073
DEVELOPMENT AGREEMENT
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THIS DEVELOPMENT AGREEMENT is entered into this /$ day of June, 2014, 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 Northeast
Quarter of Section 13, Township 2 North, Range 65 West of the Sixth P.M., County of Weld,
State of Colorado, and more particularly described on Exhibit A, attached hereto (the "Property);
WHEREAS, the Property is part of the Pioneer PUD, the 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 High Density
Residential Planning Area of the Residential Zone District;
WHEREAS, Greenleaf desires to obtain building permits in order to construct a
residential dwelling to be located on the Property (the "Residence") at 23670 CR 22, Hudson,
CO 80642, 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 Residence 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 Residence 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 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 the Residence off of WCR 22.
2014-1839
3. Further Development. The County shall not issue any additional building
permits for new improvements besides the Residence to be located on the Property until such
time as a Final Plat is submitted for the Property; the zoning district for the Property is changed
to agricultural; 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.
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.
10. Entire Agreement.. This Agreement represents the entire understanding of the
the subject matter hereof, and this Agreement shall supersede all previous
Parties concerning � g p
communications, representations or agreements, either verbal or written, between the Parties.
11. 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.
2
IN WITNESS WHEREOF, the Parties execute this Development Agreement on the
date(s) set forth below:
GREENLEAF ACRES, LLC,
a Colorado limited/lliability company
By: & y G , ge.4n7,0
Barry L. yhr, Manager
Date: ,4 11-.2Oly-
WELD
COUNTY
By:
Title: Chaff , Board of Weld County Commissioners
JUN 1 8 2014
STATE OF COLORADO }
} ss.
COUNTY OF WELD }The foregoing instrument was acknowledged before me this 1/F f h day of June,
2014, by Barry L. Fehr, Manager of Greenleaf Acres, LLC.
JEANP EI E
WltSTA tcial sea : PA
STATE OF COLORADO i�/u INOTARY ID 20064017837 NPublic
MY COMMISSION EXPIRES 05-08-2018
My commission expires: 5-1 -/p
STATE OF COLORADO }
} ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this /8/41 day of June,
2014, by�,,ITh4y� R4dlmfithihfreL �'U a 061,)LLc Cgmmileiiwuxb.
Witness my hand and official seal:
RAFAELA ALICIA MARTINEZ �aJ, C-C
NOTARY PUBLIC quid/Li y Public
STATE OF COLORADO
NOTARY ID 20144002878 •
MY COMMISSION EXPIRES JANUARY 22,2011 3LITL9 tWIn 1.1A4.t.�.vll L'.
PLI 1139
EXHIBIT A
A parcel of land being a portion of the Northeast Quarter of Section 13, Township 2 North,
Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado, being more
particularly described as follows:
Commencing at the Southeast Corner of the Northeast Quarter of Section 13, and considering the
East line of the Northeast Quarter of Section 13 to bear South 00°33'56" East, with all bearings
contained herein relative thereto;
Thence North 89°49'20" West, along the South line of the Northeast Quarter of said Section 13,
a distance of 2352.72 feet;
Thence North 11°00'33" East, a distance of 718.92 feet;
Thence North 06°13'17" East, a distance of 384.11 feet;
Thence North 04°16'54" West, a distance of 328.20 feet;
Thence North 00°01'43" East, a distance of 382.45 feet;
Thence North 03°34'41" West, a distance of 499.69 feet;
Thence North 02°18'57" East, a distance of 307.48 feet to a point on the Southerly right-of-way
line of Weld County Road No. 22;
Thence along said Southerly right-of-way line the following two (2) courses:
1) South 89°36'40" East and parallel with the North line of the West half of the Northeast
Quarter of said Section 13, a distance of 923.48 feet;
2) South 89°37'04" East and parallel with the North line of the East half of the Northeast
Quarter of said Section 13, a distance of 1267.82 feet to a point on the Westerly right-of-
way line of Weld County Road No. 49;
Thence South 00°33'56" East, along said Westerly right-of-way line and parallel with the East
line of the Northeast Quarter of said Section 13, a distance of 2595.92 feet to the point of
beginning;
Said parcel contains 132.042 acres, more or less.
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