HomeMy WebLinkAbout20100529.tiff SITE SPECIFIC DEVELOPMENT PLAN AND ;: ;3, SPECIAL
REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number 0797 _ C J -_L - _C_ _�_L
(12 digit number-found onx I.D. information, obtainable at the Weld County Assessor's Office. or www.co weld.co.usl
Legal Description (arit> 0 r )-2 C 4,g; I
Section ;ahipf;/VNorth, RangeVVest
Flood Plain: Zone District: , Total Acreage: , Overlay District:
Geological Hazard: , Airport Overlay District:
FEE OWNER(S) OF THE PROPERTY:
Name: WE'-' (4(7/6 -Li'c #ti y 0
Work Phone# 34'2 -0ZZz A H99me Phone# Email
Address: 3 464//2 RRr/Rt of RP%
Address:
City/State/Zip Code L V etel Ca gD V4
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
Name:
Work Phone# Home Phone# Email
Address:
Address:
City/State/Zip Code
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany Pr'nucarenns signed by Authorized Agent)
Name: Jrwt /2C7, - 351- (0"855 «,x> _
Work Phone# 3 36 /2f4 Home Phone#
Address: - 22/S)9 t/tR c/ Email . s�. Q,7
Address:
City/State/Zip Code L4Sq 7(6 Ca )/D6 9f
PROPOSED USE: I / n 76A St- 774 1,
Air/ - Scr' 7 7 - L/1'C,e I-)y /1-Iv&Tifoc - O- Sr -oQ p wlr Id . nth-) e.
I (We) hereb pose and state under penalties of perjury that all statements, proposals, an, EX�H/IBIT
with or co i d within e application are true and correct to the best of my (our)knowledge b / N
owner of p perry my application. If an Authorized Agent signs, a letter of authori i `^ to
9
own st bejn invith the application. If a corporation is the fee owner, notarized evid: g - o
includ I n tha he signatory has to legal aut ority to sign f r the corporation. o
_ / /7'64, _ N
a /001
� a oo�J
Signature: wrier uthorized Agent Date Si ature: Owner or Authorized Agent 0J `
Oct 23, 2009
Front Range Waterski Club
22150 WCR 41
LaSalle, Co. 80645
In response to the site specific development plan
and use by special review:
1 . Jim Roth and Jim Arnold have leased the
Lake and all owned land from New Cache LA
Poudre Irrigation Company to allow waterskiing.
Waterskiers can camp overnight. The Ski season
runs from April 1St thru Labor day. Also, hunting
is allowed by fee, through Waterfowl Haven
Outfitters-license #2106, mid-Sept. thru Feb 17tH
Hunting and waterskiing to do not occur at the
same time.
The primary use of the lake is augmentation
and irrigation. The land surrounding the lake is
mostly farmed and the balance is grass.
2. The augmentation, irrigation and farming of
this property isn't affected at all by the skiing.
Page 2
No houses are within, approximately, 1 mile of
the lake, other than the one owned by the lessors.
The lessors wouldn't be in favor of leasing this
property to Jim Roth and Jim Arnold if this was
a conflict of operation.
3. Nothing is changed or altered permanently
to the landscape elevations, appearance, etc. Thus,
the use of the the water surface for skiing and
the shoreline for camping, of approximately 150
feet in width from the lake, has no impact on the
zoning tolerances.
All roads on property have road base or are
sandy. There has not been, nor will there be, any
mud, etc. tracked onto Highway 392 because of the
soil types involved.
4. A. The cap for members is 50. Currently, we
have 25.
B. There is one campsite per member.
C. Campers, pickups and boats are parked
on each members lot. There is no separate parking
lot.
Page 3
D. There are no employees
E. Skiing is allowed from Sunrise to Sunset
F. No structures will be erected by us.
G. Pets are allowed
H. Pickups, Suv's, etc. will be entering and
leaving the sight. Camptrailers that are self
contained are allowed. Weekends have the most
activity, although, the most boats sighted on the
lake at one time was 7. Many days, during the
week, there is no activity on or leaving the sight.
I. Each member has the choice of putting in
a temporary, portable dock.
J. All campers are self contained and portable
toilets and dumpsters are provided for skiers.
K. As best as we can discern, Galeton would
be the fire protection source.
Page 4
L.Average number of trips per day by
members would be approximately
five trips
5. No elevations are changed and with the hilly
topography and sandy soil no runoff was seen.
Even with the very wet Spring and Summer.
6. To reiterate the Ski season is April through
Labor day which is less than 6 months.
JIM ROTH /JIM ARNOLD
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
October 29,2009
Front Range Water Ski Club, LLC
Jim Roth
2517 1St Avenue
Greeley, CO 80631
To Whom It May Concern:
This letter is written to notify you that The New Cache La Poudre Irrigating Company is
the sole owner of the property stated in the attached Special Warranty Deed.
If you have questions, please feel free to contact our office.
DON IVIAGNUSON, SUPERINTENDENT
Enc.
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80C,'„,
MalinIIII! IIlIII!
3041785 03/13/2003 10:02A Weld County, CO
1 of 2 9 11.00 0 215.90 Steve Moreno Clerk& Recorder
785 SPECIAL WAR :R A N T Y DEED
THIS DEED, Made this 7th day of March, 2003 between.
Cornish Plains Livestock, Id.LP, a Colorado limited liability limited partnership
of the County of Weld and State of Colorado, grantor,and
The New Cache La Poudre Irrigating Company, a Colorado nonprofit corporation
whose legal address is P. 1. Box 104, Lucerne, Colorado 80696
of the County of Weld and State of Colorado, grantees_
WITNESSETH that the grantor(s) for and in consideration of the sum of TWO MILLION
ONE HUNDRED FIFTY NINE THOUSAND AND 00/100, ($2,159,000.00) Dollars, the receipt and
\' sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the
),grantee(s), its heirs and assigns forever, all real property, together with
improvements, if any, situate, lying and being in the County of Weld and State of
Colorado, described as follows:
SEE RNHIBtm "HE . H.. ET- 2.02 MACE , PART 5
also known by street and number as , , Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title,
interest, claim and demand whatsoever of the grantor(s), either in law or equity, of
in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with
appurtenances, unto the grantee(s), its heirs and assigns forever. The grantor(s),
for its heirs and personal representatives or successors, does covenant and agree that
it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet
and peaceable possession of the grantee(s), its heirs and assigns, against all and
every person or persons claiming the whole or any part thereof, by, through or under
the grantor(s) .
IN WITNESS WHEREOF, the grantor(S) has executed this deed on the date set forth
above.
Cornish Plains Livestock. LLLP. a
Colorado limited liability limited
partnership /J
BY ���. � "l./YnL) ✓I�oi'tA'C.rrrJ-�_�
Gordon D. Brown, General Partner
STATE OF COLORADO
ss. The foregoing instrument was acknowledged before
County of Weld me this 7th day cf March, 2003
by Gordon D. Brown as general partner of Cornish Plains Livestock, LLLP, a Colorado
limited It bill[ ted partnership
•\pBY P0,9
Witnesst , m hand and official seal.
.�7 , mrr. -_log r. ires4t emt r ;S 2005
(IARELLk L. r r�/
/ /,
" • poop I c
11�9PE- OQF NOTARY .-o ,
Illt'F NA'} 1 2 5 1 a St.
No.16. Rev. Windsor, COLORADO 80550
IIr1II 111111111111 IIIII IIII 111111 VIII I I IF]1111 III
3041785 03/13/2003 10:02A Weld County, C0
2 of 2 R 11.00 D 215.90 Steve Moreno Clerk& Recorder
"EXHIBIT A"
LEGAL DESCRIPTION
A tract of land located in the W1/2 of Section 4. E1/2 of Section 5,
Section 8, W1/2 of Section 9, and NE1/4NW1/4 of Section 17, Township 6
North, Range 63 West of the 6th P.N., County of Weld, State of
Colorado, being more particularly described as:
Considering the North line of the In11/4 of said Section 4 to bear South
69 degrees 58 minutes 45 seconds East, and all bearings contained
herein being relative thereto:
Beginning at the Northwest corner of said Section 4;thence South 89 degrees 58 minutes 45 seconds East, 1334.14 feet to the
West One-Sixteenth (W1/16) Corner of said Section 4 and Section 33,
Township 7 North, Range 63 West of the 6th P.N.; 653.15 feet to the
thence South 00 degrees 05 minutes 44 seconds West,
Center North Northwest One Sixty-Fourth (C-N-NW 1/64) corner of said
Section 4; 9]0.69 feet to the
thence South 45 degrees 33 minutes 43 seconds East,
Center-East Northwest One-Sixty-Fourth (C-E-NW 1/641 Corner;
thence North 89 degrees 52 minutes 50 seconds East, f_tt to the
Center-North One-Sixteenth (C-N 1/16) corner of said Section 4;
thence South 00 degrees 12 minutes 42 seconds West, 1318.53 feet to the
Center One-Quarter (C 1/4) corner of said Section 4;
thence South 00 degrees 12 minutes 42 seconds West, 2637.06 feet to the
South One-Quarter (51/4) of said Section 4;
thence along the East line of the NW1/4 of said Section 9, South 00
degrees 50 minutes 37 seconds West, 2141.61 feet to a point on the
North rights-of-way line of Highway No. 392, in Book 922 as Reception
No. 1843691;
thence along said right-of-way, South 45 degrees 44 minutes 01 seconds
West, 3791.07 feet to a point on a curve to the right which has a delta
angle of 13 degrees 55 minutes 54 seconds, a radius of 3737.56 feet,
the chord of which bears South 52 degrees 41 minutes 59 seconds West,
906.57 feet to a point on the North line of the NE1/4 of said Section
17;
thence along the North line of the N s e Section
the North
E1/4 of ecr 17, South 89 tdegrees 03 minutes 13 seconds West, 1574.03 e
One-Quarter of said Section 17;
thence along the East line of the NW1/4 of said Section 17, South 00
degrees 02 minutes 21 seconds West, 711.64 feet to a point on the North
right-of-way line of Highway No. 392, in Book 922 as Reception No.
1843691;
thence along said right-of-way, South 69 degrees 06 minutes 37 seconds
West, 1405.49 feet;
thence leaving the North right-of-way line of Highway No. 392, North 00
degrees 01 minutes 29 seconds west, 1191.28 feet to the West
One-Sixteenth corner (W1/16) of Sections 8 and 17;
thence North 00 degrees 24 minutes 46 seconds East, 1327.23 feet to the
Southwest One-Sixteenth (S-W 1/16) corner of said thence along the East line of the NW1/45W1/4 of said Section 8, North
00 degrees 24 minutes 46 seconds East, 111.34 feet;
thence leaving the East line of the NW1/4SW1/4 of said Section 6, South
69 degrees 52 minutes 47 seconds West, 443.62 feet;
thence North 39 degrees 00 minutes 32 seconds West, 837.12 feet;
thence North 33 degrees 24 minutes 16 seconds West, 616.64 feet to a
point on the West line of the NW1/4SW1/4 of said Section 8;
thence along the West line of the NW1/4SW1/4 of said Section 8, North
00 degrees 18 minutes 55 seconds East, 32.61 feet to the West Quarter
corner of said Section 8; feet to the
thence North 00 degrees 17 minutes 57 seconds East, 2656.03
Northwest corner of said Section B;
thence North 69 degrees 17 minutes 20 seconds East, 2647.19 feet to the
North Quarter corner of said Section 8;
thence North 00 degrees 02 minutes 55 seconds West, 2646.66 feet to the
Center One-Quarter (C 1/4) corner of said Section 5;thence North 69 degrees 09 minutes 13-seconds East, 1324.30 feet to the
Center-East One-Sixteenth (C-E 1./16) corner of said Section
thence North 00 degrees 02 minutes 04 seconds West, 1327.73 feet to the
North-East One-Sixteenth (N-E 1/16) corner of said Section 5;
thence North 00 degrees 02 minutes 04, seconds West, 1313.66 feet to the
East One-Sixteenth corner of said Section 5 and Section 32, Township 7
North, Range 62 West of the 6th P.N.;
thence North 89 degrees 20 minutes 36 seconds East, 1324.90 feet to the
Point of Beginning.
111/64/ (NC//E igi4 Lee ctis
Q 7919 l ? /0000/ !S y/ Ades
0 7 ?9 0,0600 600 3.041
e 79gog l ono /2 /027. 5-? N
0 7 g90g2d tool/ )O2 . 89
7 WU Quo/ 3 731/
Q 7 97 / 72 coo 2.3 1 p.67
l 3 S/.65
THE NEW CACHE LA POUDRE IRRIGATING COMPANY
THE CACHE LA POUDRE RESERVOIR COMPANY
(970)352-0222
October 29,2OO9
Tim Bilobran
Colorado Department of Transportation
RE: Access to Cornish Plains
Sir:
Jim Roth and Jim Arnold have leased property from The New Cache La Poudre Irrigating Company in
Sections 4,5,8 and 9,Township 6 North, Range 63 West of the 6th P.M. It is my understanding that
they operate that lease under the name of Front Range Ski Club.The property has historically had
access from Highway 392 and Weld County Road 74.The lease provides that the lessee has the right
to use existing and future roads and associated access.
If you have questions, please feel free to contact our office.
Don Magnuso
Superintendent
33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646
-F40 (0(7
LEASE AGREEMENT
THIS LEASE, made and en into this 22th day of October,2008, by and
between THE NEW CACHE LA PC D iE IRRIGATING COMPANY(hereinafter
referred to as "Lessor") le4 rim Id and Jim Roth(hereinafter referred to as
"Lessee"):
WITNESSETH
1. The Lessor does here(ty let and lease unto the Lessee the exclusive right
(except as hereinafter provided)to use its property known as the Cornish
Plains Reservoir and Recharge Facility, being more specifically
Barnesville Equalizers North, Barnesville Equalizer South and Cornish
Plains Reservoir, inclltding the reservoir and the surrounding lands owned
by the Lessor for recreational purposes. Said reservoirs and lands are
located in parts of Sections 4, 8, 9 and 17; Township 6 North; Range 63
West of the 6th P.M.; Weld County, Colorado.
2. The term of this Lease is for a period of Six (6)years commencing
October^°;7008, and terminating on November 30, 2014.
3. Lessee shall pay Lessor the total stun of Two Hundred Thousand Dollars
($200,000.00) in the*mounts and on the following dates:
Date Amount
December 1, 2008
December 1, 2009
December 1, 2010
December 1, 2011
December 1, 2012
December 1, 2013
4. Lessee shall prepare maintain a plat of all infrastructure, whether
existing or co used for recreation activities. The plat shall be
updated amaally by I"to reflect any improvements to be
constructed in the fo owing calendar year. A copy of the current plat shall
be kept in the office of Lessor.
5. Lessee snail use existing entrance located on the east side of the canal to
enter the property from the south off of Colorado Highway 392 and the
existing entrance located at the intersection of Weld County Roads 74 and
65 to enter the property from the north off of Weld County Road 74.
Lessee shall install and maintain gates and controls as determined and
approved by the Board of Directors.
6. Lessee skin have the right to use all existing roads for ingress and egress
to the property. Traffic shall be restricted to existing roads unless
additional roads are identified on the plat and approved by the Board of
Director "y'! roads shall be maintained with an all weather surface at
Lessee's own expense.
7. "No Hunting" or No Trespassing"signs to be posted at Lessee's own
expense. Lessee shall have full power to prosecute trespassers.
8. Lessee shall not use, or permit to be used,the demised premises, or any
part thereof, for any purpose or purposes which may be prohibited by the
ordinances of Weld County, Colorado, or the state or federal laws now in
force or which may hereinafter be adopted.
9. Much of the area surrounding the reservoir are a sensitive sandhill
envirnnt. Lessee shall be responsible to improve the vegetative cover.
Annual and/or perennial plantings may be used for this purpose.
10. Lessor covenants that Lessor is seized of the demised premises in fee
simple a_.' s full right to make this Lease and that Lessee shall have
quiet and peaceable possession of the demised premises during the term
hereof.
11. Lessee shall reimburse Lessor the amount of all property taxes. Lessor
shall provide to Lessee a copy of the tax statement or letter, showing a
breakdown of the taxes to be paid by Lessee. If Lessee shall fail to pay all
of said taxes to Lessor as herein provided,this Ipace may be terminated
by Lessor, but such termination shall not affect the obligation of Lessee to
pay for all property taxes it may owe as provided for herein, which
obligation shall continue.
12. Lessee c1„ ! maintain liability insurance in an the amount not less than
One Million Dollars($1,000,000.00)per occurrence or such amount as set
by the Board of Directors from time to time. In addition, each party using
the property by permission of Lessor or as agent of Lessor, shall maintain
liability ance in an amount not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence or such amount as set by the Board
of Directors from time to time. Each insurance policy shall name The New
Cache La Poudre Irrigating Company as additionally insured and a copy
of the certificate of insurance furnished to Lessor.
13. In addition, Lessee does hereby consents and agrees to hold the Lessor
harmless from any loss, damage, injury or claim occasioned by or arising
from the use of the leased property either by him or his guests or anyone
using the premises under his authority or with his permission or by any
other user or occupant of the premises.
14. Lessor shall have no responsibility or regard to any improvements
constructed by Lessee, except to avoid damaging them by the willful or
negligent act of the Lessor's agents or employees.
15. All rights granted to the Lessee shall be subject and inferior to the rights of
the Lessor to make such use of the premises leased as it shall find
reasonable, necessary or convenient in connection with the conduct of its
present or future business. Such reservation shall include the right to alter
the premises.
16. Lessor reserves the right, at their sole discretion, to identify parcels and
remove said parcels from uses permitted by this agreement for other uses
or for sale without adjustment to the fees set forth in Paragraph 3. The
identification of such parcels shall include determining that the parcel does
not un ra^c.r nably reduce the recreational experience,that the existing
recreational Ilse is incompatible with other uses or that the existing
recreational use is causing unreasonable damage.
17. Lessor reserves the right to sell all or part of the property without
contingencies. If the sale includes property which would include land
within the high water mark of storage vessels or significantly reduces the
recreational experience, Lessor will return all funds received from Lessee
and reimburse Lessee for documented cost of the construction of
recreation improvements.
18. All activities of the Lessee shall be such as to do no injury to any of the
structures or property of Lessor.
19. No activity of the Lessee shall interfere with the normal, reasonable or
necessary activities of the Lessor.
20. The Lc' -hall erect no improvement on the lands without the written
consent of the Lessor. Improvements placed upon the premises by the
Lessee may be removed provided that such removal can be made without
damage to the property of the Lessor. At the expiration or upon the
cancel]Qtinn of the Lease, the premises shall be returned to the Lessor in
the same condition as existed before the Lease, changes beyond the
control of the Lessee excepted.
21. In the event of any default by the Lessee of the conditions and covenants
of this Agreement, the Lessor shall have the right to forthwith terminate
the J_ease. Nothing herein shall preclude the Lessor from recovering the
actual damages sustained by reason of such default.
22. This Agreement shall be binding upon the inure to the benefit of the
parties. This I PAW" or any portion thereof may not be assigned or
sublease-+ 1'v Lessee without the consent and written approval of the
Lessor. ""'"
23. The Lesseersiiall have the right to terminate this I ease if any local, state or
federal agency or government shall restrict, eliminate or so impair the
purpose of this Lease as to deprive Lessee of the benefits derived from this
Lease.
24. To insure payment of all taxes and any other expenses or fees permitted or
required to be paid under this Iease, Lessee shall deposit the sum of
$10.000.00 with Lessor as a security deposit. Said security deposit
(without interest) shall be returned to Lessee at the end of the term of this
Lease so long as Lessee is not in default under any term or provision of
this I ease.
25. Lessor understands that Lessee may be required to comply with certain
Weld County zoning regulations concerning the recreational uses and
infrastructure improvements made by Lessee of the property. It is agreed
that any Weld County zoning variance, exception or special use approval
shall ins ui e a provision that if the Lease between Lessor and Lessee
terminates or ends for any mason, Lessor shall have the right to vacate
said variance, exception or special use upon written notice to Weld
County. It is the intent of this provision that if the Lease is terminated,
Lessor suai; have the right to terminate ra,rvutional uses and return the
property to ditch and reservoir company uses.
26. Lessor agrees to transfer landowner vouchers to I essee. Lessee shall be
responsible for all processes and costs associated with the vouchers.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
LESSOR: LESSEE:
The New Cache La Poudre
Irrigatinompany
B . By:
Mi H g rg, President Id
By:
Jim Roth
STATE Oft0LORADO )
)ss.
COUNTY OF WELD )
Subscribed and sworn to before me this day of CfoteR. •2000
by Mike Hungenberg as President of The New Cache La Poudre Irrigating
Company. `ppN, unurp
.. o
�.° t(3.€4•* „
G,
WITNESS my handfficial seal.s0;
. Q7: p\ OTARy;�
My commission ex k: O6t•.33, ZGl 3—
/1
' .\\PUBLIC p=
� a'.•
'nnu,c0,;„" Otary Public
STATE Of COLORADO )
)ss.
COUNTY OF WELD )
MP
cuhocribed and sworn to before me this.tday of(erase.C ,2048
by Jim Arnold.
WITNESS my hand Vt. mil sea1:.Ekp
•st,
? e: ZTAR
i My commission exp ;0t s. �3..2p/
=N9TRUBL�G. tele4 cc 7-st•• ..I�
•c coo Public
., rNppo\ v.
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
40
c..'HHcribed and swop ° IPe thisuday of�Ic�bdcC,2 nth
by Jim Roth.
WITNESS my >�()metal se 1
A
My commissio C
,2,
'—wien,ii000"
No Public
COLORADO DEPARTMENT OF TRANSPORTATION CD0T Permit No. 409077
SH/S/MP
STATE HIGHWAY ACCESS CODE
392 B / 128.490 / L
NOTICE TO PROCEED Local Jurisdiction
Weld County
Permittee(s): Applicant
New Cache La Poudre Irrigating Company Jim Roth
33040 Railroad Avenue 2515 1st Avenue
Lucerne, CO 80646 Greeley, CO 80631
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid ard‘f if the referenced Access Permit has not expired. Access Permits expire
one year from date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11)(d), of the Access Code.
Adequate advance warning is required at all times during access construction, in conformance with the Manual
on Uniform Traffic Control Devices for Streets and Highways.
All construction shall be completer+ in an expeditious and safe manner and shall be finished within 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
appropriate.
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By Title Date
(X)
This Notice is not valid until signed by a duly authorized representative of the Department
By Colorado Department of Transportation n�Title —�Y r I l �fir(-"// Date
(X) 0191O9
Co y dis ibution: Required: Make copies as necessary for: v Form 1265 8/98,6/99
Region(original) Local Authority Inspector Lee Ireton
Applicant MTCE Patrol Traffic Engineer
Staff Access Section 25-East Greeley
Hello