The URL can be used to link to this page

Browse Search

Home My WebLink About750782.tiff RESOLUTION ACCEPT LAND FROM ROCKY MOUNTAIN ENTERPRISES OF NEW JERSEY, INC. AS PER SUBDIVISION REGULATIONS, WELD COUNTY, COLORADO CHAPTER 8-15 (A) (B) WESTRIDGE SUBDIVISION, FIFTH FILING (RANGE 66, TOWNSHIP 5 NORTH, SECTION 16, SWa) WHEREAS, pursuant to present Weld County Subdivision Regulations, Chapter 8-15 (A) (B) , before a final plat is ap- proved, subdividers may be required to dedicate, develop, and/ or reserve land for parks and/or other necessary public purposes, other than streets and utility easements, and WHEREAS, in lieu of land, subdividers may be required to make payment to the county an amount equal to the market value of such land as may be designated to be dedicated or reserved in accordance with the formula contained in Chapter 8-15 (A) (B) of the Subdivision Regulations of Weld County, Colorado, and WHEREAS , Rocky Mountain Enterprises of New Jersey, Inc. , developer of Westridge Subdivision, Fifth Filing, Weld County, Colorado, is desirous of having the final plat of said subdivision approved subject to application of Chapter 8-15 (A) (B) , of the Subdivision Regulations of Weld County, Colo- rado, and the dedication of certain acreage for public use or to make payment of an amount equal to the market value of such acreage. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners, Weld County, Colorado, that the final plat of Westridge Subdivision, Fifth Filing, Weld County, Colorado, be and it hereby is approved for filing under the usual conditions, however, expressly contingent upon Rocky Mountain Enterprises of New Jersey, Inc. , dedicating to the county 3 .77 acres, de- scribed as Tract "A" , Westridge Fifth Filing, being the mutually established acreage of land considered necessary and essential for public purposes . The above and foregoing resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of June , 1975. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 2 . /year ' 9�' ATTEST::mr;! COUNTY CLERK AND RECORDER /ANDNCLERK TO THE BO ( BY. ac/ ty County erk ROVED AS TO FORM: 750782 p unty A or �y . • BEFORE THE WELD COUNTY , COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No . S-116 Date June 13, 1975 APPLICATION OF Rocky Mountain Enterprises of New Jersey, Inc, ADDRESS c/o Doug Sears. 818 - 12th St. , Greeley, CO 80631 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 ,pckR* Final Plat on Westridge 5th Filing located on the following described property in Weld County , Colorado , to-wit : see attached plat be recommended (favorably ) (tatufigcmarb4boa) to the Board of County Commissioners for the following reasons : (1 ) Complies with the Comprehensive Plan in that the use is compatible with surrounding uses and the development lies within the comprehensive planning area of Greeley; (2) Zone Change has been approved from "A" to "Estate-UD"; and (3) Application for final plat is complete. SUBJECT TO: (1 ) Construction or development beginning within 12 months from date of approval by the Board of County Commissioners; (2) County Engineer to be notified prior to each phase of road construction; and (3) Park fee to be determined by the Board of County Commissioners. Motion seconded by Marge Yost Vote : For Passage J. Ben Nix Against Passage Ronald Heitman Marge Yost Bill Elliott Jim Graham 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 . • LEGAL DESCRIPTION WESTRIDGE FIFTH FILING KNOW ALL MEN BY THESE PRESENTS: That BRIGGS-VORIS FARi1S, INC. and ROCKY MOUNTAIN ENTERPRISES NEW JERSEY, INC. being the owners of certain lands in Weld County, Colorado described as folic That portion of the Southwest Quarter of Section 16, Township 5 North, Range 66 West of the 6t Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: Considering the South line of said Southwest Quarter as bearing West and also the West line of said Southwest Quarter as bearing North 0°03'02" West with all bearings contained herein relat thereto. Beginning at the Southeast Corner of said Southwest Quarter; thence along the South line of sa Southwest Quarter West 2,680.73 feet to the Southwest Corner of said Southwest Quarter, thence along the West line of said Southwest Quarter North 0°03'02" West 2,655.57 feet to the NorthwE Corner of said Southwest Quarter; thence along the East-West Centerline of said Section as del by a straight line connecting the opposing East and West Quarter Corners South 89°47'49" East 1 ,124.06 feet to the Easterly line of that certain Parcel described under Reception Number 151 Records of said County, said point being the True Point of Beginning; thence along said Easter line the following courses: South 0°12'22" East 421 .83 feet; thence South 12°07'22" East 791 . feet; thence South 2°04'43" East 913.37 feet to the Northerly line of those certain Parcels described under Reception Numbers 1500475,' 1530843, 1530856, 1589585, Records of said County; thence along said North line East 677.30 feet to the Northeast corner of that certain Parcel described under Reception Number 1500475, Records of said County, thence along the Easterly 11 of said Parcel South 468.23 feet to the Northeasterly line of that certain Parcel recorded unc Reception Number 1503013, Records of said County, thence along said line South 77°42'00" East 60. 99 feet to the Westerly line of that certain Parcel described under Reception Number 15905; thence along said Westerly line North 468.55 feet to the Northwest Corner of said Parcel ; they along the North line of said Parcel East 386.24 feet to the Westerly line of that certain Parc i described under Reception Number 1568306, Records of said County; thence along the Westerly 11 1 of said Parcel North 0°08' 52" East 121.71 feet to the Northwest Corner of said Parcel; thence the North line of said Parcel East 37.55 feet to the Westerly line of Westridge Fourth Filing i recorded in the Office of Clerk and Recorder, Records of said County; thence along said Wester line the following courses: North 14°04'47" West 61.25 feet; thence North 42°28'02" West 173. feet; thence North 30°17' 10" West 140.73 feet; thence North 11°58'47" West 120.45 feet; thencr North 31°14'02" East 388.18 feet; thence North 3°44'14" East 139.02 feet; thence North 20°08'1 West 220.87 feet; thence North 20°19'43" East 170.50 feet; thence North 1°24'45" West 223.87 1 thence North 23°08'58" East 311 .51 feet; thence South 89°45'10" West 99.85 feet; thence North 0°14' 50" West 219.45 feet to the North line of said Southwest Quarter, said line being also tl East-West Centerline of said Section previously described herein, thence along said line Nortl 89°47'49" West 1 ,343. 19 feet more or less to the True Point of Beginning. Containing 58.15 acres more or less: • , CERTIFICATION OF COPY I , Linda Jose , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Commission of Weld County, Colorado, adopted on May 27, 1975 , and recorded in Book No. 4 Page No. , of the proceedings of said Planning Commission. Dated this 13th day of June 19'5 • cording Secr y, Weld County Planning Commission i< 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: EY:_ APPLICATION FEE: ,5?' .' " ' APP. CHECKED BY: T •i. REFER TO: 1) ��' <: `, DATE REC. NO: 2) 1. . /, /` '( 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: SEE ATTACHED LEGAL DESCRIPTION (if additional space is required, attach an additional sheet of this same size.) NAME OF PROPOSED SUBDIVISION Westridge 5th Filing EXISTING ZONING PROPOSED ZONING Estate Unit Development TOTAL AREA (ACRES) 58 NUMBER OF LOTS PROPOSED 19 LOT SIZE: AVERAGE 2. 57 MINIMUM 2. 50 UTILITIES: WATER: NAME City of Greeley SEWER: NAME Private Septic Tank GAS: NAME Greeley Gas Company PHONE: NAME Mountain Bell DISTRICTS: SCHOOL: NAME District 6 FIRE: NAME DESIGNERS' NAME Hogan & Olhausen, P.C. ADDRESS 2300 W. Eisenhower; Loveland, ENGINEERS' NAME Same ADDRESS Same Colorado FEE OWNER OF AREA PROPOSED FOR SUBDIVISION NAME Briggs-Voris Farms, Inc. ADDRESS TELE. NAME Rocky Mountain Enterprises ADDRESS TELE. mum of New Jersey 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 Weld ROCKY MOUNTAIN ENTERPRISES OF NEW JERSEY C STATE OF Colorado ) 6 • SignatOre: Owner or Authorized' Agent R. D. Sears Subscribed and sworn to before me this /9'° day of 19 {r.. ✓� SEAL gn4,. �= NOTARYPUBLIQ/ ' n My commission expires: � u: /9. % 2'! PC- Sub - 6 . . . •� ql.,,. 0 ( 1.. ) r Alla-LA..di 971 ` . M JUL 90 tq r, tin K r. c.,o,e.d.r e d�•1 7 / f I PROTECTIVE COVENANTS OF LOTS THIRTEEN (13), FOURTEEN (14), 1 1'll'T'EEN (IS), SIXTEEN (16), SEVENTEEN (17), EIGHTEEN (18), AND 1 1 . NINETEEN (LW), WEST RIDGE THIRD FILING, A SUBDIVISION OF I p, PART OF 111E SOUTHEAST QUARTER (SE%) OF SECTION SIXTEEN (16), I IN TOW WHIP FIVE (5) NORTH, RANGE SIXTY-SIX (66) WEST OF THE ' o` SIXTH (6th) PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO t rV u\ � We, BILL KOEHN and LARRY D. KOEHN, the Lee owners of the following i el described property, to-wit: NI nI Lots 'Thirteen (13), Fourteen (14), Fifteen (15), Sixteen (16), triZS Seventeen. (17), Eighteen (18), and Nine'.een (19), West Ridge i i .', Third Filing, a Subdivision of part of the Southeast Quarter (SE%) of Section Sixteen (16), in Township Five (5) North, Rangeo i Sixty-six (66) West of the Sixth (6th) Principal Meridian, Weld i. County, Colorado, I o til hereby make the following declarations as to limitations, restrictions, and uses d to which said lots may be put, hereby specifying that said declarations shall `' constitute covenants to run with the land for the term heret 'after set forth, and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitation upon all future owners of said lots, for the term hereinafter set forth, this declaration of restrictions being designed for the 1 purpose of keeping lots desirable, uniform, and suitable in architectural , design and use as herein specified, namely: 1. LAND USE AND BUILDING TYPE: No part of the above-described real property shall be occupied or used by any ow:.er thereof for other than residential purposes. I No structures shall be erected, placed, altered, or permitted to remain on any part of the above-described real property other than detached single-family • dwellings, not to exceed two and one-half stories in height, and a private garage • for each such dwelling for the owner or owners of such dwelling for not more than three cars, and animal shelter buildings as approved by the architectural control committee. 2. DWELLING COST, QUALITY, AND SIZE: No dwelling shall be erected on any I part of the above-described real property at a cost of less than Thirty Thousand Dollars ($30,000) based upon the cost levels prevailing on the date that these presents are recorded, it being the intention and purpose of the restriction and limitation to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced • on the date these presents are recorded at the minimum cost stated herein for the minimum permitted dwelling size. No dwellings shalt be erected, altered, or permitted to remain on any part of the above-described real property unless the total floor area thereof, exclusive of open porches and garages, shall be j - more than one thousand five hundred (1,500) square feet . , • 3. BUILDING LOCATION: No building shall be located on said lots nearer than I forty feet (40') to Twenty-sixth Street as platted on the map of West Ridge Third 4 Filing. No building shall be located nearer than twenty feet (20') to all other i boundary lines of said lots. ' 4. LOT AREA AND WIDTH: There shall be only one residential dwelling on each II lot, and said lots as now platted shall not be divided or subdivided into smaller , lots. I , I. .w. r. 1572529 i I. I t 5. EASEMENTS: Said lots are subject to easements for installation and maintenance t of utilities and drainage facilities as set forth on the recorded plat of Wost Ridge Third Filing, a Subdivision of part of the Southeast Quarter (SEY.) of Section I Sixteen (16), in Township Five (5) North, Range Sixty-six (66) West of the Sixth (6th) Principal Meridian, Weld County, Colorado. I ! 6. CARE OF LOTS AND CIAR 'GE AND REFUSE DISPOSAL: Said lots shall be kept in a clean and sanitary condition at all times, and all lot owners shall t control all weeds and other unsightly debris. No lot shall be used or maintained ! i as a dumping ground for rubbish. Trash, garbage, or Oyler waste shall not be i 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 condition. ' 7. 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 I design with existing structures, and as to location with respect to topography and I 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 1 i(I similarly approved. (Approval shall be as provided in Paragraph 9 below.) I I fl. MEMBERSHIP: The architectural control committee is composed of BILL KOEHN, LARRY D. KOEIf N, and J. MAYNARD KOEHN, all of Greeley, Colorado. A ' majority of the committee may designate a representative to act for it. In the 1 event of death or resignation of 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 representative shall be entitled to any I compensation for services performed pursuant to this covenant. At any time, the I then record owners of a majority of the lots shall have the power through a duly I recorded written instrument to•change the membership of the committee or to I ! withdraw from the committee or restore to it any of its powers or duties. I 9. PROCEDURE: The committee's approval or disapproval as required in these I I covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and l I specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval I will not be required and the related covenants shall be deemed to have been fully i complied with. ' 10. NUISANCES: No noxious or offensive activity shall be carried on upon k any part of the above-described property nor shall anything be done thereon which I may be or may become an annoyance or nuisance to the neighborhood. 11. TEMPORARY STRUCTURES: No structure of a temporary character, trailer, I i basement, tent, shack, garage, barn, or other outbuildings shall be used on any I part of said lots at any time as a residence, either temporary or permanent. ` 12. SIGNS: No sign of any kind shall be displayed to the public view on any part I of the said lots, except one professional sign per dwelling of not more taan one :� square foot, one sign of not more than five square feet advertising a dwelling for i sale or rent, and signs used by a builder to advertise the dwellings or a dwelling during the construction and sales period. I I \ • I . 1 • • • • ( 15725,9 I DOCK ))5 1. ? , 3 ;� 13. LIVESTOCK AND POULTRY: No animals, livestock, or poultry of any kind : shall be raised, bred, or kept on said lots, except that no more than two (2) horses I Ior, in the alternative, two (2) beef animals, and dogs, cats, or other household I pets may be kept on a lot, if they are not raised, bred, kept, or maintained fcr any I commercial purpose. ? i 14. TERM: The restrictions and limitations set forth hereto are to be construed I as covenants running with the land and shall be binding on all parties and all I persons claiming any part of the above-described real property for a period of 1 twenty-five (25) years from the date these presents are recorded in the office of the County Clerk cit i Recorder of Weld County, State of Colorado, after which time they shall he automatically extended for successive periods of ten (10) 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 11 Recorder agreeing to change said covenants in whole or in part. I I 15. ENFORCEMENT: The owner or owners of any of said lots may enforce the I I restrictions and limitations herein set forth by proceedings at law or in equity I against any person or persons violating or attempting to violate any of the said 4 'I restriction:; and limitations, either to recover damages for such violation or to restrain such violation or attempted violation. I I 16. SEVERABILITY: Invalidation of any one of the restrictions and limitations I : herein set forth by judgment r caurt order shall In nowise affect any of the other I t . provisions which shall remain in full force and effect. • (Bill Koehn) �?r ,! _2 Y.r), en /T-e^r/��; (Larry D. lie hn) i � 5TA1TE OtIt.531tORADO ) ! I �: • ' ^Y•'•.;° =. ) SS • :COUNT Y� OF:W4LD ) \\ ..71e--- , da I 1 t:A % The caregoing instrument was acknowledged before me this y of •�r vq• lgte,;rbY BILL KOEHN and LARRY D. KOEHN. I I WITNESS my hand and official seal. I My commission expires February 8, 1975. ' i, Notocy'PiiSV I I i • i i ! 0 ,_,i f. GLENN K. BILLINGS. �fcttr . RT. 2. �.g NT. 2. BOX IBJ, GREELEY. COLO. IV V �t Qcrosj mac) �w/ HAROLD W. ANDERSON. CHAIRMAN PRO.TEM OFFICE OF ANN SPOMER qr. I. JOHNSTOWN. COLO. BOARD OF COUNTY COMMISSIONERS COUNTY CLERK AND RECORDER MARSHALL H, ANDERSON, PHONE 13031 3332212 MEMBER , �L;� ;� EXT. 21. 22. AND 23 : 2412 8TH AVE.. GREELEY. COLO. �J4 . .. 4. tg.k October 8, 1970 Mr. R. G. Sears - 1212 Eighth Avenue Greeley, Colorado Dear Doug: In regard to Westridge Subdivision our Board has met and discussed and resolved your problem with our County Engineer, County Planner and Mr. Capron of the State Highway Department. We request that at you earliest convience you contact Mr. Telep and furnish him with the correct legal descriptions so we may complete this matter. Sincerely, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /-% GKB/wa Chairman f; aw 1M. Tslsp I! 1 C 7 4b%....,9i° 41 GLENN K. BILLINGS. ',Th� f-�{�� '�7©5111 1'Y�Y! >q¢ CHAIRMAN and RT. 2. BOX 167 GREELEY. COLO. ala Cr3g19) HAROLD W. ANDERSON. CHAIRMAN PRO.TEM Rr. 1. JOHNSTOWN.N. COLO. OFFICE OF THE WELD COUNTY ENGINEER MARSHALL H. ANDERSON. BYRON EWING MEMBEROt. A COUNTY ENGINEER 2012 BTH AVE.. GREELEY. COLO. .�.E.� j aL�J. 10/29/70 Mr. Doug Sears Scott Realty Co. 1212 8th Avenue Greeley, Colored 80631 Dear Doug: This letter is to confirm our conversation of Friday, October 23, 1970 regarding the connecting road between 20th Street and the 34 By-Pass. The alignment would necessarily follow the agreed proposal, generally fol— lowing contours as were discussed, with an entrance onto 34 By-Pass at the existing Ashton school road intersection with the north end connecting to an ex— tention of the present County road #31, approximately 1/4 mile south of 20th Street. In our discussions we agreed that the County would: (1) Provide initial center line survey for Right- of-Way with rough cross sections. (2) Provide necessary base, final grading and sur- facing. (3) Provide all necessary to extend existing County Road #31 to the proposed point of beginning for the new road. You and your parties would: (1) Provide necessary Right-of-Way. (2) Provide road sub-base and borrow pits in accord- ance with County specifications. (3) Agree to limitation of two intersections. (4) Agree to no access or frontage driveways except as in (3) above. Cr. t :Y Y.,B BreElW leje • GLENN K. BILLINGS. ty itz•' CHAIRMAN > •vat' Dd`� RT. 2, BOX I6], GREELEY. COLO. \ Qt CFA � P'A O\ HAROLD W. ANDERSON. CHAIRMAN PR0.TEM RT. i. LOHrvsrowN. COLD. OFFICE OF THE WELD COUNTY ENGINEER MARSHALL H. ANDERSON, BYRON EWING MEMBER ( 0,.t��4 COUNTY ENGINEER 2912 6TH AVE GHEELLY. CO LO. .Ln.' ✓� —2— Doug, I understand that this is no commitment on your part and must meet the approval of your parties. Like— wise, a note and resolution must follow from the Com— • missioners ore an mom' 1 can be made on the County. Si y, ro BWing d y Engineer BE/dh Cr• „ kik it /0 0 'spy BraelsY 19121 Hello