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Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Tuesday, March 31, 2009 4:23 PM
To: 'larry@rapidoffice.com'
Subject: USR-1634 Bonilla
Larry,
I've looked over the paper plat for USR-1634 Bonilla and it looks good.
You can submit the mylar for recording. Please keep in mind there is a recording fee of $11.00 for the first page
and $10.00 for the second page that will need to be paid when the mylars are turned in. If you have any
questions please do not hesitate to contact me.
Thanks,
Jacqueline
7f
3/31/2009
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• •
Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Thursday, March 19, 2009 10:11 AM
To: 'tarry@rapidoffice.com'
Subject: USR-1634 Bonilla Paper Plats
Larry,
I've had a chance to look over the paper plats for USR-1634 Bonilla.
The following are corrections to the plat.
1. on page 1 the legal description of the property should read 'a parcel located in part of the northeast quarter
(NE4) of Section 10, Township 2 North, Range 65 West of the 61h Principal Meridian, Weld County
Colorado. Containing 29.63 acres, more or less.'
2. on page 2 the USR Boundary — Access map has the wrong USR number on it. It should be USR-1634
3. on page 2 include a detail of the site (like on previous submittal) at a scale of 1"-40'.
4. on page 2 label the sheds and stables on the detail
I would recommend that another paper copy be dropped off for review after the above changes have been made.
One copy is fine, I won't need two.
All other conditions of approval are met.
Thanks and let me know if you have any questions.
Jacqueline
3/19/2009
Jacqueline Hatch
From:
Sent:
To:
Subject:
Lauren Light
Thursday, March 19, 2009 9:51 AM
Jacqueline Hatch
USR-1634
I have received the commercial well permit for USR-1634.
Lauren Light, M.B.S.
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
• •
March 18, 2009
Ms. Jacqueline Hatch
Weld County Planning
4209 CR 24.5
Longmont, CO 80504
RE: Review USR-1634 comments and changes, 21505 WCR 22, Hudson, CO 80642
Dear Jacqueline:
I appreciate your diligence in helping complete this project. There has been numerous
issues that have hindered the final completion of this USR, none as far reaching as the
current financial challenges that we are all experiencing during this past few months.
The owner has attempted to comply in a timely manner with all criteria, but has had difficulty
with timing as he has had to take additional work out of Colorado and delay building
improvements to his site. He has stated that all driveways and parking surfaces are
complete — including parking stops and is ready for site inspection. Because of this lengthy
timeline, some submittals have been lost or misplaced. Others, as with the well use change,
required multiple submittals as staff did not log in the application packet into the system.
I have attempted to include copies of information that was requested on your previous
review. There is concern as some requested items are not practical — such as relocating
ADA parking as shown on review comments. This new location would be directly in a drive
lane for truck access to the proposed shop. Another item is the removal of landscaping and
screening requirement that was negotiated at the Commissioner's Hearing and as motioned
by Commissioner Rademacher. This change was seconded and approved at the USR
Hearing.
Please find detailed responses to your review comments — please call or email me directly,
303.659.6692 or larry(a.rapidoffice.com if any requests are not fully answered. It is my
intent to complete this review and allow the stepped compliance as permits are issued.
Thank -you for your continued help in creating solutions to these compliance challenges.
My best to you,
Larry Carroll Jf., Pres.
The Carroll Group, Ltd.
Responses to items shown as required prior to recording plat:
1-A No sign is requested — sign design submittal not needed
1-B Oil and gas letter included from Anadarko Petroleum of non -protest of
project, (previously included in submittal packet.)
1-D Water permit change of use approval included — dated 3-16-09.
1-E No additional building permits to be requested at this time, at time of
building addition/expansion additional security issues will be addressed.
1-F (a) WCR-22 additional R.O.W. of 70' each side of centerline, noted on
plan.
(b) Access agreement is recorded and copy is included with this
submittal, (previously included in submittal packet.)
(c) No significant change of drainage proposed — additional water quality
design not required at this time.
1-G Health Department submittals are complete — previous review.
1-H
Board of County Commissioners removed the landscaping and screening
requirements at their review hearing with approval — per Commissioner
Rademacher motion at hearing.
Previous discussion with planning and with legal council, it was
determined that use of existing easement approval from Farmers
Irrigation is adequate for continued site access — no new access is
required.
1-J Water permit change of use included
1-K
1-L
No landscaping or screening is required — all maintenance for access and
parking to be maintained by owner and his equipment, any need for
grading or dust abatement will be completed by owner by addition of new
recycle material or watering of surrounding un-vegetated ground.
Existing septic use will not change until office is permitted, completed and
approved. At time of permit issuance a new septic design will be
submitted and constructed, specifically for the additional use allowed by
this Use -by -Special Review. Existing septic permit and approval
completed 12-16-05 by Weld County Department of Public Health, permit
# SP -0500292.
1-M Health Department submittals are complete — previous review, waste
handling plan included in January 8, 2009, submittal — see attached.
1-N All improvements, other than permitted structures are complete — ie; drive
surfaces and parking areas. PLEASE NOTE: Previous notation from
review stated to move ADA parking by building — for safety reasons and
proximity to truck parking movement, this is not advisable. Trucks will be
• •
driving into building from both ends and parked on the south side, ADA
parking is as close as safety allows to the activities of the proposed site —
any changes to building will be reviewed at permit application and
adaptation to parking can be completed at that time..
1-O All changes to plat are complete — no lighting changes are proposed at
this time, dumpster location is shown on revised plat.
• •
Kerr-McGee Oil & Gas Onshore LP
A Subsidiary of
Anadarlo 2
Petroleum Corporation
December 6. 2nn"
VIA FACSIMILE AND U.S. MAIL
Weld County Planning Commission
4209 CR 24.5
Longmont, Colorado 80504
Re: Case Number: USR-1634
Reynaldo & Mayra Bonilla c/o Larry Carroll with the Carroll Group — Site
Specific Development Plan and Special Review Permit for a Use by Right,
an accessory use, or a Use by Special Review in the Industrial Zone District
(truck parking, maintenance and office) in the A (Agricultural) Zone
District.
Township 2 North. Range 65 West, 6th P.M.
Section 10: NW/4NE/4
Weld County, Colorado
Dear Planning Commission:
Kerr-McGee Oil & Gas Onshore LP, a wholly owned subsidiary of Anadarko
Petroleum Corporation, filed a protest letter dated November 21. 2007 with the Count"
with respect to oil and gas interests that underlie the parcel in the NW/4NE/4 of Section
10, Township 2 North, Range 65 West that is the subject of the application for USR-
1634.
Since the time that Kerr-McGee filed the protest letter, a representative for Kerr-
McGee has had an opportunity to discuss the matter with the Applicant. In light of the
discussion and at this time, Kerr-McGee wishes to withdraw the protest that it filed to the
application.
Cc: Joseph 14. Lorenzo —Kerr-McGee Oil & Gas Onshore LP
Cheryl Diedrich —Kerr-McGee Gathering LLC
GWS-25
APPLICANT
;G_4-rcic A'v of Water Resources +303elitisbea
OF THE ipATE ENGINEER
COLORADO OIVI ON OF WATFR R� nl flat^t�c •
Sib Centennial f3iog , 1313 Sherman sl . Denver, Leioraoo auk w
(3031 866.35$4
REYNALDO BONILLA
PO BOX 1095
FORT LUPTON, CO 80621-
i1V+f:LL t'�K1V11 t N1J 1UEK r
WD 2 DES. BASIN MD
APPROVED WELL LOCATION
WELD COUNTY
NW 1/4 NE 1/4 Section 10
Township 2 N Range 65 W Sixth P.M.
DISTANCES FROM SECTION LINES
800 Ft. from North Section Line
2940 Ft. from West Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Easting: 529909 Northing: 4445393
CHANGEIEXPANSION OF USE OF AN EXISTING WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF At'PR OVAL
1) This well shell be used in such a way as to cause no material inlury to exisbno water rights, The issuance of this permit does not ensure that
no Injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action.
21 The construction of this wets shall be In compliance with the Wafer We!! Co;;structlon Rules 2 CCP% 402.2, unless approval of a Ydi lance ilea
been granted by the State Board of Examiners of Water Well Construction .tnd Pump Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90.13:(4) (rid line findings ui the Slate Engineer Mee Marcn 1b, 20U9,
4) The use of ground water from this well Is limited to commercial and domestic.
5) The pumping rate of this well shell not exceed 15 GPM.
51 The average annual amount of ground water to be approphstcd shot not 6a:.oed 3 acre-feet.
7) Production Is limited to the Laramie Fox Hilts aquifer.
6) the entire length of the hole shall be geophysicatty logged as required by Rule 9 of the Statewide Nontributary Ground Water Rules prior to
installing casing.
9) The owner shall mark the well in a conspicuous place with well permit numter(s), name of the aquifer, and court case number(s) as
apn cprl&re. The owner she!! tyke necessary means and p escut!cns to prssanre, these meeting:.
10) A totalizing flow meter must be Installed on this well and maintained In goon working order. Permanent records of all diversions must be
maintained by the well uwriiii I+uco+deo ail Wet annuailyj and suemitteo to me Weston Engineer upon request.
11) This well shall be located at !east 500 feet from any existing well, completed In the same miller, that is not owned by the applicant,
12) This well shall be located no more than 200 feet from the location specified on this permit.
13) Pursuant to CRS 37-90.137(9)(b) and the Denver OBSin Rues, no more thane 98`4 of the +noniributary ground water withdrawn annually snail
be consumed and the well owner shalt demonstrate to the reasonable satisfaction of the State Engineer that no more than 98% of the water
withdrawn will to cciS.irmed.
14) Thls well is subject to administration by the Division Engineer In accordance with applicable decrees, statutes, rules. and regulations.
15) The issuance of this permit hereby cancels permit no. 265349.
NCTF' The anlilty of thle wet! to w!Ihdraw !Is authorized OnICU, Of 'Nato: train this stun-rbnewebie a i ltei may be less titan the i0O years
upon which the amount of Water In the aquifer Is allocated, due to anticipated water level declines.
NOTE. To ensure a maximum productive tire of this wee, perforated casing nhauld be set through the entire produ ng t larval of the
approved zone or aquifer Indicated above. - - ad 2. (6.69
(303) 356-4795
APPROVED
tLV
State Engineer By
ORe� e. ipt No. 3637560 DATE ISSUED Da -16-21109
PIR9ION DATE
• •
rem i-r>
.74
February 20, 2009
Office of State Engineer
Division of Water Resources
Department of Natural Resources
Attn: Joanna Williams, Permit Evaluator
1313 Sherman Street, Room 818
Denver, CO 80203
RE Well Permit #265349 request for modification - resubmittal with additional data
Ms. Williams:
This is my second attempt to finalize this change of use for the above permitted well.
The previous submittal and fee were never logged in the system and assumed lost in
the mail. I am attaching the documentation from the first application (which was
returned for incomplete data) — with an original signature, the second submittal letter
of explanation (which was lost) and the completed data for your final review/approval.
I am sending this packet certified mail, since we have had challenges getting this in
the system. If you need to contact me please call me at my office 303.659.6692 or
email me at tcq(Qrapidoffice corn. Thank -you for your prompt attention in this matter.
Best regards,
Larry Carroll, Jr., Pres.
The Carroll Group, Ltd.
•
tab 1-4,4/4
January 8, 2009
HEALTH DEPARTMENT — Response to comments from Charlotte Davis, W.C.
Department of Public Health and Environment, dated 11/8/2007
• Final well permit application has been submitted with required data — waiting for
approval — See attached
• Dust Abatement Plan
o All drive and parking surfaces to be gravel or recycled material — dust will
be maintained by maintenance of this surface or watering as required.
• Waste Handling Plan — per owner
1. List of waste generated on site
a. Office paper — general trash
b. Shipping containers — boxes and crates
c. Used motor oil or anti-freeze/coolant from equipment maintenance
d. Used truck tires — when replaced as maintenance
2. List and volume of stored chemicals on site
a. Equipment motor oil — 50 gallons, various SAE weights
b. Anti-freeze/coolant — 50 gallons
3. Waste handlers;
a. Gator Rubbish and Disposal — Brighton, co 80601 -
Phone: (303) 655-0710 — General trash hauling
b. Raptor Used Oil Recovery, 4440 Navajo Ct, Greeley 80634 -
970.346.8208
c. Tire Recycling Inc., 12311 CR 41, Hudson, CO 80642 - 303.573.0223
• Septic design/engineering and construction of new septic will be completed at
time of permit for office/shop. All necessary compliance with building permitting
and fire compliance to be completed prior to certificate of occupancy for new
construction.
0
Au! 11111111111111c iiiii ii�lf iiiii 11111111 nisi it lit
3550965 04/30/2008 04:58P Weld County, CO
1 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
/on /--/c(O)
FRICO# 2836
NON-EXCLUSIVE RIGHT OF WAY EASEMENT
THIS INSTRUMENT dated this 19TH day of FEBRUARY , 2008
by FARMERS RESERVOIR & IRRIGATION COMPANY as Grantor, and
REYNALDO BONILLA as Grantee is as follows:
WITNESSETH:
WHEREAS, Grantor is the owner of that certain right of way for and all canal improvements
and appurtenances upon the right of way ("Canal") more particularly described or depicted
on Exhibit "A", attached hereto and made a part hereof, commonly known as the
BEEBE CANAL AND THE EAST NERES CANAL/ SECTION 10 , TOWNSHIP 2N
RANGE 65W in WELD County, Colorado (hereafter "Right of
Way");and
WHEREAS, Grantee desires to obtain an easement from Grantor for access and to construct
and maintain certain structures upon or across or under the Right of Way at the locations and
in the manner shown on the drawings marked Exhibit "A" attached to and made a part hereof
("Permitted Structures"). Exhibit "A" and/or "B" consists of a total of 2 sheet(s); and
WHEREAS, Grantor is willing to grant the non-exclusive easement desired by Grantee upon
the terms and conditions set forth in this Non Exclusive Right of Way Easement.
NOW, THEREFORE, in consideration of the sum of $ 10.00 paid to Grantor the receipt
and adequacy of which is hereby acknowledged, and as additional consideration the
obligations and agreements of Grantee to be performed hereunder, Grantor does grant to
Grantee, its successors and assigns, a non-exclusive easement over and/or across and/or
under the Right of Way to access, construct, maintain, replace, operate and remove the
Permitted Structures in the place and manner and expressly limited as set forth in Exhibit "A"
and/or"B"
The grant of this non-exclusive easement by Grantor is without any representation or
warranty of title of any nature. Grantor has made no representation of the quality of its title,
and in the event that it shall at any time be determined that the non-exclusive easement
granted hereby is beyond the right or authority of the Grantor, the rights and interests hereby
Granted shall be limited to such rights and interests as are within the right and authority of
the Grantor to grant as of the date of this Right of Way Easement.
The non-exclusive easement that is the subject of this agreement is further subject to any
previously granted rights of way or use of the Canal and Right of Way which arise by or
through Grantor or which exist by right of use or claim independent of Grantor.
Grantee agrees not to commence construction of said Permitted Structures without first
having obtained the consent and approval of the designated official of Grantor.
1
In the event that any construction, maintenance, modification, operation or removal of the
Permitted Structures requires that the operation of the Canal be restricted or the flow of
water reduced or curtailed for a period of time, and in the event that the Grantor shall in its
discretion agree to such reduction or curtailment of the use of the Canal for a period of time,
the specific period of time shall be agreed to in advance by the Grantor and Grantee and
shall be set forth and separately signed by the parties in the form attached and made a part
hereof as Exhibit "C". Unless this entire Agreement is modified by the parties hereto, no oral
agreement or representation by any officer, director, employee or agent of the Grantor shall
have the authority to bind the Grantor to reduce or curtail the use of the Canal by the
Grantor. In absence of a signed Exhibit "C", in no event shall the period of reduction or
curtailment of flow in the Canal exceed a period of twenty-four (24) hours. Only the president
of the Grantor, or such corporate official as is designated in writing by the Board of Directors
of the Grantor, shall have any authority to bind the Grantor to any period of reduction or
curtailment of use of the Canal by the Grantor.
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Grantor may, in its sole discretion, co-operate with the Grantee in managing or maintaining
the flow of water in the Canal to assist the Grantee in the accessing, constructing,
maintaining, replacing, operating or removal of the Permitted Structures, but such co-
operation is within the sole discretion of the Grantor, and the Grantor shall not at any time be
required to stop or reduce the flow of water in the Canal or to in any way modify its
operations for the benefit of the Grantee. In no event shall the Grantor be liable for any
damages that may occur to the Permitted Structures or to the interests of the Grantee related
to the Permitted Structures arising from the use or operation of the Canal and Right of Way
by the Grantor, absent the intentional act of the Grantor to damage the Permitted Structures.
In constructing said Permitted Structures and thereafter in maintaining, replacing, operating
and removing the Permitted Structures, Grantee shall do so in such manner as not to
damage said Canal, particularly the embankments and access thereto, and so as not to
interfere with the flow of water in said Canal or the management or maintenance of the
Canal. Any damage to the Canal, its embankments, and any appurtenance of the Grantor
within the Right of Way, including fences, roads or other improvements shall be promptly
repaired by Grantee at its sole cost to the satisfaction of Grantor.
Grantee agrees that it will at all times maintain said Permitted Structures and will repair all
breaks, leaks or damages to the Permitted Structures or to the Canal and Right of Way
arising from the construction, maintenance, replacement, operation, or removal of the
Permitted Structures or arising from the Grantee's use and access of the Right of Way at its
own expense. Further, if damage to the Canal or Right of Way of the Grantor is sustained
arising from the Permitted Structures or the access or use of the Right of Way by the
Grantee, then Grantee will, with all due diligence, repair such damage or replace such
property of Grantor to the same condition as it was prior to such damage. Further, Grantee
agrees to pay any and all monetary damages arising from the Permitted Structures or the
Grantor's access and use of the Right of Way that are incurred by Grantor and its
stockholders or water users.
Grantee agrees to protect Grantor and save and hold it harmless from any and all third party
claims and damages that the Permitted Structures and their operation, construction,
maintenance and removal may directly or indirectly cause.
Grantee hereby releases Grantor, its successors, assigns, employees, agents and
stockholders from any and all claims and damages of whatsoever character to said Permitted
2
Structures located on or across the Canal and Right of Way arising out of either the
operation or maintenance of the Canal.
In the event of default in the performance of any of the obligations set forth herein by
Grantee, which default shall not be remedied within thirty (30) days after written notice of
default, or the case of a matter that would reasonably take more than thirty days to remedy if
Grantee shall fail to undertake substantial action to remedy the default within thirty (30) days
after written notice of default Grantor, in addition to any other remedies that may be available
to the Grantor in law or equity shall have the right to terminate this Non-exclusive Right of
Way Easement.
It is mutually understood and agreed that this agreement and all the terms and conditions
hereof shall extend to and be binding upon the parties hereto, their successors and assigns.
Any assignment by Grantee shall be subject to the reasonable review and approval of the
Grantor. Any assignee of the Grantee shall, at a minimum, have at least the same financial
resources as the Grantee. Notwithstanding the Grantor's right of review and approval of a
proposed assignee as provided in this paragraph, Grantor shall approve an assignment to a
municipality that acknowledges that it is subject to all the terms and conditions of this Non -
Exclusive Right of Way Easement.
Until such time as the Grantee shall assign this Non-exclusive Right of Way Easement to a
municipality of the State of Colorado or other governmental subdivision of the State of
Colorado the rights and obligations of the Grantee set forth herein shall be deemed to be a
covenant running with the land owned by the Grantee that is benefited by this Non-exclusive
Right of Way Easement.
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To the extent that any of the Permitted Structures provide for or allow public access and use
of the Non-exclusive Right of Way Easement over and across the Canal and Right of Way,
Grantee shall be responsible for the safety of the public enjoying the access permitted by this
Non-exclusive Right of Way, and Grantee shall take all steps necessary or appropriate to
fence off any area that may be dangerous for public access, warn of any dangerous
condition, light areas where public access is permitted during hours of darkness and take all
other steps reasonably required to insure the safety of all persons permitted or invited by the
Grantee to make use of the Permitted Structures and access upon the Right of Way by this
Non-exclusive Right of Way Easement.
This Non-exclusive Right of Way Easement shall be deemed to have been executed in the
State of Colorado regardless of the actual location of execution, shall be deemed to be
exercised in the State of Colorado and shall be interpreted in accord with the laws of the
State of Colorado.
Jurisdiction for any claim or action between the parties that may arise under this Non -
Exclusive Right of Way Easement be the District Court of the State of Colorado for the
judicial district including WELD County, Colorado.
All rights and interests of the Grantor that are not expressly granted to Grantee pursuant to
this Non-exclusive Right of Way Easement shall remain wholly vested in the Grantor.
i •
Attest:
Its Secretary
STATE OF COLORADO }
}ss.
COUNTY OF '�O(�fIM }
EXECUTED in duplicate the day and year first1hereinabove written.
,no
GRANTOR FP4 MERS RESERV� COMPANY
Byr.
`� C. CORPORATE
Its General Manager FRil'p
SEAL
77
The foregoing instrument was acknowledged before me this
1.C\ day of ceil) OA
, 2008, by
MANUEL MONTOYA as General Manager and MARY HANSSEN
as Secretary of FARMERS RESERVOIR AND IRRIGATION COMPANY
a COLORADO corporation.
Witness my hand and notarial seal.
My commission expires APRIL 19, 2008 .
QA.
Notary Public
1111111 IIIII Ilill IIIIII 1111111111 III 11111 III III
3550965
4 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
•
By
Its President
Attest:
Its Secretary
STATE OF lXlo Wu.o , }
}ss.
COUNTY OF crrCSellY\ , }
The foregoing instrument was acknowledged before me this
\C\ day of g.,1oYt to AA , 20b'R , by
?el/neat/O ZpnfL(0. as and
as of
a corporation.
Witness my hand and notarial seal.
My commission expires
HMI 1111111111111111111111 11111 11111 III 11111 IIII IIII
3550965 04/30/2008 04:58P Weld County, CO
5 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Parr rder
•
Attest: d:t
It's Secretary
EXHIBIT C
Pursuant To the terms of the Non-exclusive Right of Way Easement, the following activity is
to be undertaken by the Grantee:
[Describe the specific work to be undertaken, specifically describing the
"Construction Zone"]
Grantor states that it may transport water through the Construction Zone from the period
beginning at 12:00 o'clock am/pm on FEBRUARY 19th 2008 to the completion
time that is 12:00 o'clock am/pm on MARCH 15th, 2008 .
In the event that Grantee shall not complete the construction by the completion time set forth
herein, Grantor shall, as an additional remedy to all those set forth in the Non-exclusive Right
of Way Easement to enter upon the Right of Way and to provide for the completion of the
construction of the work, to the extent that such work permits Grantor to return flows to the
Canal for the benefit of its shareholders, and in such event Grantor shall not be responsible
for any loss or damage to incomplete structures, delay in completion or other claim from the
Grantee or any of its contractors.
Grantor shall not be responsible for any storm flows or any other water discharged into the
Canal by any third parties during the period of construction provided herein, and Grantee and
its agents and contractors shall be deemed to have been advised of such possibility and
shall be deemed to have accepted that such flows could occur during the period of
construction as a risk of the project.
EXECUTED in duplicate the day and year first hereinabove written.
"mquunup,
GRANTOR: �.``` 9,VOI/Z A,1/4,,FARMERS RESERVOIR & IRRIGA ,DOMP•A• •repo,,
By t�\.G.\\\Uw qACW �- _ Cr CORPORgTF t: y'
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•
Page 1 of 1
Jacqueline Hatch
From: David Snyder
Sent: Friday, February 20, 2009 2:44 PM
To: Jacqueline Hatch
Subject: USR 1634
All submitted revisions appear acceptable to Public Works.
David Snyder, E.I., CFM
Engineer
Weld County Public Works Department
P. O. Box 758
Greeley, CO 80632
(970)304-6496, Extenstion 3745
dsnyderC co.weld.co.us
2/20/2009
• •
Jacqueline Hatch
From:
Sent:
To:
Subject:
Lauren Light
Wednesday, January 21, 2009 2:37 PM
Jacqueline Hatch
usr-1634
We have NOT received a copy of the Commercial well permit. All other conditions have been
met to the satisfaction of Environmental Health Services, Weld County Department of Public
Health & Environment.
Lauren Light, M.B.S.
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
• •
Page 1 of 1
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Monday, January 19, 2009 1:59 PM
To: 'tcg@rapidoffice.com'
Subject: USR-1634 Bonilla
Larry,
Good afternoon
I've reviewed the paper plats and have left a marked up set along with a copy of the Board of County
Commissioners resolution at the front counter in the Longmont Office outlining the items that still need to be
completed prior to recording. I have sent a copy of your packets to Public Works and Environment Health to
review and comment on also. I have not heard their responses yet but as soon as I do I will forward them onto
you. If you have any questions please do not hesitate to contact me.
Thanks,
Jacqueline
Also please note our new office hours in the Longmont office.
Monday through Thursday 7:30-4:30 and closed from 11:30-12:30 for lunch
Friday's closed.
Jacqueline Hatch-Drouillard
Weld County Department of Planning Services
4209 CR 24.5
Longmont CO 80504
720-652-4210 x3570
1/19/2009
• •
January 8, 2009
Ms. Jacqueline Hatch
Weld County Planning
4209 CR 24.5
Longmont, CO 80504
Weld County Planning D" nn rtim?nt
SOUTHWEST E_
JAN
RECEIVED
RE: Final Review USR-1634, 21505 WCR 22, Hudson, CO 80642
Dear Jacqueline:
It was not my intent to have this time lapse in finalizing this review. By the time we were
able to complete and record the access agreement; the owner had to take work out of state
and was unavailable to continue this process. It wasn't until November that I had the
necessary signatures for the well permit and then because of my other commitments, I was
not able to finalize details until now.
Enclosed you will find the plat and various documentation for your review. I have completed
the well permit application and am waiting for the final approval. If you need anything else,
please email me and I'll get it right away.
Thanks for you help with finalizing this!
Best Regards,
Larry Carroll Jr[, Pres.
The Carroll Group, Ltd.
January 8, 2009
HEALTH DEPARTMENT — Response to comments from Charlotte Davis, W.C.
Department of Public Health and Environment, dated 11/8/2007
• Final well permit application has been submitted with required data — waiting for
approval — See attached
• Dust Abatement Plan
o All drive and parking surfaces to be gravel or recycled material — dust will
be maintained by maintenance of this surface or watering as required.
• Waste Handling Plan — per owner
1. List of waste generated on site
a. Office paper — general trash
b. Shipping containers — boxes and crates
c. Used motor oil or anti-freeze/coolant from equipment maintenance
d. Used truck tires — when replaced as maintenance
2. List and volume of stored chemicals on site
a. Equipment motor oil — 50 gallons, various SAE weights
b. Anti-freeze/coolant — 50 gallons
3. Waste handlers;
a. Gator Rubbish and Disposal — Brighton, co 80601 -
Phone: (303) 655-0710 — General trash hauling
b. Raptor Used Oil Recovery, 4440 Navajo Ct, Greeley 80634 -
970.346.8208
c. Tire Recycling Inc., 12311 CR 41, Hudson, CO 80642 - 303.573.0223
• Septic design/engineering and construction of new septic will be completed at
time of permit for office/shop. All necessary compliance with building permitting
and fire compliance to be completed prior to certificate of occupancy for new
construction.
Office of State Engineer
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, CO 80203
RE: Application Receipt # 3622638 - resubmittal with additional data
To Whom It May Concern:
I have been retained by the Bonillas to complete outstanding permits and applications
for their property located at 21505 CR 22, Hudson, CO, (see attached authorization.)
This particular application was submitted on October 10, 2007 and returned for
additional information on November 13, 2007. Because of other land issues, this
permit was allowed to remain incomplete and is just now being resubmitted for
amendment.
According to a response from Kevin Rein, PE, Chief of Water Supply, dated October
15. 2007, this existing permit must be amended to allow for sanitation and drinking for
employees of the onsite business now allowed through the approved USR-1634.
This approved use is for employees that drive truck for the owner, Reynaldo Bonilla.
Since they will not be onsite while driving, the use is only for part time employee use
and only for drinking and sanitation purposes.
This now completed application should finalize the required review and change of
use. If additional clarification or information is required, please contact me directly as
agent for the owners.
Best regards,
/-/I
Larry Carroll, Jr., Pres
The Carroll Group. Ltd.
I 1111111111111111111111 I11�11111 III11 III IIIII IIII IIII
3550965 04/30/2008 04:58P Weld County, CO FRICO# 2836
1 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
•
NON-EXCLUSIVE RIGHT OF WAY EASEMENT
THIS INSTRUMENT dated this 19TH day of FEBRUARY , 2008
by FARMERS RESERVOIR & IRRIGATION COMPANY as Grantor, and
REYNALDO BONILLA , as Grantee is as follows:
WITNESSETH:
WHEREAS, Grantor is the owner of that certain right of way for and all canal improvements
and appurtenances upon the right of way ("Canal") more particularly described or depicted
on Exhibit "A", attached hereto and made a part hereof, commonly known as the
BEEBE CANAL AND THE EAST NERES CANAL/ SECTION 10 , TOWNSHIP 2N
RANGE 65W in WELD County, Colorado (hereafter "Right of
Way");and
WHEREAS, Grantee desires to obtain an easement from Grantor for access and to construct
and maintain certain structures upon or across or under the Right of Way at the locations and
in the manner shown on the drawings marked Exhibit "A" attached to and made a part hereof
("Permitted Structures"). Exhibit "A" and/or "B" consists of a total of 2 sheet(s); and
WHEREAS, Grantor is willing to grant the non-exclusive easement desired by Grantee upon
the terms and conditions set forth in this Non Exclusive Right of Way Easement
NOW, THEREFORE, in consideration of the sum of $ 10.00 paid to Grantor the receipt
and adequacy of which is hereby acknowledged, and as additional consideration the
obligations and agreements of Grantee to be performed hereunder, Grantor does grant to
Grantee, its successors and assigns, a non-exclusive easement over and/or across and/or
under the Right of Way to access, construct, maintain, replace, operate and remove the
Permitted Structures in the place and manner and expressly limited as set forth in Exhibit "A"
and/or"B".
The grant of this non-exclusive easement by Grantor is without any representation or
warranty of title of any nature. Grantor has made no representation of the quality of its title,
and in the event that it shall at any time be determined that the non-exclusive easement
granted hereby is beyond the right or authority of the Grantor, the rights and interests hereby
Granted shall be limited to such rights and interests as are within the right and authority of
the Grantor to grant as of the date of this Right of Way Easement
The non-exclusive easement that is the subject of this agreement is further subject to any
previously granted rights of way or use of the Canal and Right of Way which arise by or
through Grantor or which exist by right of use or claim independent of Grantor.
Grantee agrees not to commence construction of said Permitted Structures without first
having obtained the consent and approval of the designated official of Grantor.
1
•
In the event that any construction, maintenance, modification, 'ration or removal of the
Permitted Structures requires that the operation of the Canal be restricted or the flow of
1O/ter reduced or curtailed for a period of time, and in the event that the Grantor shall in its
discretion agree to such reduction or curtailment of the use of the Canal for a period of time,
the specific period of time shall be agreed to in advance by the Grantor and Grantee and
shall be set forth and separately signed by the parties in the form attached and made a part
hereof as Exhibit "C". Unless this entire Agreement is modified by the parties hereto, no oral
agreement or representation by any officer, director, employee or agent of the Grantor shall
have the authority to bind the Grantor to reduce or curtail the use of the Canal by the
Grantor. In absence of a signed Exhibit "C", in no event shall the period of reduction or
curtailment of flow in the Canal exceed a period of twenty-four (24) hours. Only the president
of the Grantor, or such corporate official as is designated in writing by the Board of Directors
of the Grantor, shall have any authority to bind the Grantor to any period of reduction or
curtailment of use of the Canal by the Grantor.
Grantor may, in its sole discretion, co-operate with the Grantee in managing or maintaining
the flow of water in the Canal to assist the Grantee in the accessing, constructing,
maintaining, replacing, operating or removal of the Permitted Structures, but such co-
operation is within the sole discretion of the Grantor, and the Grantor shall not at any time be
Ma WO a required to stop or reduce the flow of water in the Canal or to in any way modify its
g operations for the benefit of the Grantee. In no event shall the Grantor be liable for any
e damages that may occur to the Permitted Structures or to the interests of the Grantee related
ce
O „s to the Permitted Structures arising from the use or operation of the Canal and Right of Way
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S 0 In constructing said Permitted Structures and thereafter in maintaining, replacing, operating
a o and removing the Permitted Structures, Grantee shall do so in such manner as not to
OMNI 3 2 damage said Canal, particularly the embankments and access thereto, and so as not to
m interfere with the flow of water in said Canal or the management or maintenance of the
CO h Canal. Any damage to the Canal, its embankments, and any appurtenance of the Grantor
mmillv o within the Right of Way, including fences, roads or other improvements shall be promptly
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by the Grantor, absent the intentional act of the Grantor to damage the Permitted Structures.
Grantee agrees that it will at all times maintain said Permitted Structures and will repair all
breaks, leaks or damages to the Permitted Structures or to the Canal and Right of Way
arising from the construction, maintenance, replacement, operation, or removal of the
Permitted Structures or arising from the Grantee's use and access of the Right of Way at its
own expense. Further, if damage to the Canal or Right of Way of the Grantor is sustained
arising from the Permitted Structures or the access or use of the Right of Way by the
Grantee, then Grantee will, with all due diligence, repair such damage or replace such
property of Grantor to the same condition as it was prior to such damage. Further, Grantee
agrees to pay any and all monetary damages arising from the Permitted Structures or the
Grantor's access and use of the Right of Way that are incurred by Grantor and its
stockholders or water users.
Grantee agrees to protect Grantor and save and hold it harmless from any and all third party
claims and damages that the Permitted Structures and their operation, construction,
maintenance and removal may directly or indirectly cause.
Grantee hereby releases Grantor, its successors, assigns, employees, agents and
stockholders from any and all claims and damages of whatsoever character to said Permitted
2
Structures located on oacross the Canal and Right of Way arising out of either the
operation or maintenance of the Canal.
In 'the event of default in the performance of any of the obligations set forth herein by
Grantee, which default shall not be remedied within thirty (30) days after written notice of
default, or the case of a matter that would reasonably take more than thirty days to remedy if
Grantee shall fail to undertake substantial action to remedy the default within thirty (30) days
after written notice of default Grantor, in addition to any other remedies that may be available
to the Grantor in law or equity shall have the right to terminate this Non-exclusive Right of
Way Easement
It is mutually understood and agreed that this agreement and all the terms and conditions
hereof shall extend to and be binding upon the parties hereto, their successors and assigns.
Any assignment by Grantee shall be subject to the reasonable review and approval of the
Grantor. Any assignee of the Grantee shall, at a minimum, have at least the same financial
resources as the Grantee. Notwithstanding the Grantor's right of review and approval of a
proposed assignee as provided in this paragraph, Grantor shall approve an assignment to a
municipality that acknowledges that it is subject to all the terms and conditions of this Non -
Exclusive Right of Way Easement
Until such time as the Grantee shall assign this Non-exclusive Right of Way Easement to a
municipality of the State of Colorado or other governmental subdivision of the State of
Colorado the rights and obligations of the Grantee set forth herein shall be deemed to be a
covenant running with the land owned by the Grantee that is benefited by this Non-exclusive
Right of Way Easement.
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To the extent that any of the Permitted Structures provide for or allow public access and use
of the Non-exclusive Right of Way Easement over and across the Canal and Right of Way,
Grantee shall be responsible for the safety of the public enjoying the access permitted by this
Non-exclusive Right of Way, and Grantee shall take all steps necessary or appropriate to
fence off any area that may be dangerous for public access, warn of any dangerous
condition, light areas where public access is permitted during hours of darkness and take all
other steps reasonably required to insure the safety of all persons permitted or invited by the
Grantee to make use of the Permitted Structures and access upon the Right of Way by this
Non-exclusive Right of Way Easement.
This Non-exclusive Right of Way Easement shall be deemed to have been executed in the
State of Colorado regardless of the actual location of execution, shall be deemed to be
exercised in the State of Colorado and shall be interpreted in accord with the laws of the
State of Colorado.
Jurisdiction for any claim or action between the parties that may arise under this Non -
Exclusive Right of Way Easement be the District Court of the State of Colorado for the
judicial district including WELD County, Colorado.
All rights and interests of the Grantor that are not expressly granted to Grantee pursuant to
this Non-exclusive Right of Way Easement shall remain wholly vested in the Grantor.
•
•
EXECUTED in duplicate the day and year firrtirereinabove written.
'° kt V0IR
GRANTOR FARMERS RESERVCIF)RtGA` COMPANY
By \ Q; T
C\\�U`t Ci, l\�a CORP
ORA y
Its General Manager w : FRICO o _
cL SEAL :' 2
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f ........a �\.�`��
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STATE OF COLORADO }
}ss.
COUNTY OF *SPAT
The foregoing instrument �w+as acknowledged before me this
L� t day of eel n A 2008, by
MANUEL MONTOYA as General Manager and MARY HANSSEN
as Secretary of FARMERS RESERVOIR AND IRRIGATION COMPANY ,
a COLORADO corporation.
Witness my hand and notarial seal.
My commission expires APRIL 19, 2008 .
SDt �rcYLtp��'
Notary Public )
111111111111 X1111111%11111111111IIIII III Ili IISI
3550965 04/30/2008 04:58P Weld County, CO
4 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
Kettonmissirn.s c'
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GRANTEE)-�
By
Its President
Attest:
Its Secretary
STATE OF O , }
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COUNTY OFY`'Pri'Y"L°� , }
The foregoing instrument was acknowledged before me this
\C‘ day of R,f C -4.
2005 , by
Tioni Oa as and
as of
,a corporation.
Witness my hand and notarial seal.
My commission expires
Notary -Public
Opak )al 2002 .
I IIIIII 11111 IIIIII II1111111111111111111III1111 Ili{ ill
3550965 04/30/2008 04:58P Weld County, CO
5 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
• I
EXHIBIT C
Pursuant To the terms of the Non-exclusive Right of Way Easement, the following activity is
to be undertaken by the Grantee:
[Describe the specific work to be undertaken, specifically describing the
"Construction Zone"]
Grantor states that it may transport water through the Construction Zone from the period
beginning at 12:00 o'clock am/pm on FEBRUARY 19th 2008 to the completion
time that is 12:00 o'clock am/pm on MARCH 15th, 2008 .
In the event that Grantee shall not complete the construction by the completion time set forth
herein, Grantor shall, as an additional remedy to all those set forth in the Non-exclusive Right
of Way Easement to enter upon the Right of Way and to provide for the completion of the
construction of the work, to the extent that such work permits Grantor to return flows to the
Canal for the benefit of its shareholders, and in such event Grantor shall not be responsible
for any loss or damage to incomplete structures, delay in completion or other claim from the
Grantee or any of its contractors.
Grantor shall not be responsible for any storm flows or any other water discharged into the
Canal by any third parties during the period of construction provided herein, and Grantee and
its agents and contractors shall be deemed to have been advised of such possibility and
shall be deemed to have accepted that such flows could occur during the period of
construction as a risk of the project.
EXECUTED in duplicate the day and year first hereinabove written.
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GRANTOR: .�° RVOIR
FARMERS RESERVOIR & IRRIGA1T`1MPA
f� � ` \ ,- mac-,
By E �� �\L p� i� �� ' � _ CORPCRATE
It's General Manager Cp
SEAL
Attest:
It's Secretary
GRANTEE:
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7 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
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• •
To Whom It May Concern:
Let it be known that I/we authorize The Carroll Group, Ltd./Larry Carroll, Jr. to act
as my/our agent regarding any/all planning, permit or zoning issues regarding
property located at:
Parcel # 130710100009
Site address: 21505 CR 22, Hudson, CO 80642
Own
Signature
Owner:
Signature
Date: 10/4/2007
Reynaldo E3onilia
Oavn e r
'Myra Owner
• STA I E OI'COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
httpllwww water state co us
Reynaldo Bonilla
Box 1095
Ft Lupton CO 80621
November 13, 2007
Bill Ritter, Jr
Governor
Hams D Sherman
Executive Director
(Vacant)
State Engineer
RE: Application Receipt no. 3622638
Dear Applicant:
I am returning the enclosed well permit application to you for clarification and correction. The enclosed well permit application is being
returned to you for the following reason(s). In order to properly complete the evaluation of your application, the following changes and/or
clarification must be made. Please review the following items and amend them as necessary by dating and initialing any and all corrections with
black ink:
• Please submit a property deed demonstrating the applicant in item no. 1 of the application is the current owner of the property.
• Please complete the enclosed form no.'s GWS-1 and GWS-43. These forms are necessary in order to complete the evaluation
of your well permit request.
Once your corrected application is resubmitted to this office, it will be merged into the applications currently being reviewed. This
should expedite your application through the final stages of review. If you have any other questions, please contact me at (303) 866-3581.
When inquiring on the status of your well permit application please reference this letter and the above receipt number.
Please be advised that the aforementioned criteria must be addressed and received by this office within 60 days of the
above date, in order to retain active status of the ground water well permit application. Information submitted after that date will
require a new water well permit application and will be assessed the appropriate fee. Please make every effort to complete the
application in full as requested. Any items discussed and returned incomplete or incorrect will be subject to potential denial.
Thank you, .J
Jolene Mackay
Water Resource Specialil;t
‘-Division of Water Resources
r'�
COLORADO DIVISION OF WAlWtESOURCES
DEPARTMENT OF NATURAL RESOURCES
1313 SHERMAN ST, RM 818, DENVER, CO 80203
phone — info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589
http://www.water.state.co.us
GENERAL PURPOSE
Water Well Permit Application
Review Instructions on reverse side prior to completing form.
The form must be completed in black or blue ink or typed.
Office Use Only
Form GWS-45 (06/2006)
1. Applicant Information
Name of applicant
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Mailing address
)('I:
City , . State Zip code
s
Telephone # � E-mail (Optional)
6. Use Of Well.(check applicable boxes)
Attach a detailed description of uses applied for.
Other (describe):. c'ifi'(t
•;'1_; lc JO it Weil t►t;1
❑ Industrial
❑ Municipal
❑ Irrigation
Commercial
7. Well Data (proposed)
Maximum pumping rate j Annual amount to be withdrawn
2. Type Of Application (check applicable boxes)
gpm
acre-feet
❑ Construct new well
❑ Replace existing well
❑ Change source (aquifer;
❑ Other:
Q/l )se existing well
® Change or increase use
❑ Reapplication (expired permit)
Total depth
ti feet
Aquifer
u:�.. -fr,
3. Refer To (if applicable)
WI permit # Water Court case #
.1
Designated Basin Determination it I Well name or #
4. Location Of Proposed Well
County
t
Section (-Townshp _
110
r
N' / 114 of the f`IY 1/4
N or S Range E or W Principal Meridian
Distance of well from section lines (so eon trues are typically not properly lines) ,--,,.
R 'r r; Ft.tromVN❑S )'Vf..i.`.. Ft. from❑E(,y4•(N
For replacement wells only — distance and drrecbon from old well to new well
feet direction
Land On Which ^vround Water Will Be, Used
Legal Description (maybe provided as en attachment):
(If used for crop irrigation, attach a scaled map that shows irrigated area.)
A. # Acres B, Owner
11.1 t,.%_
C. List any other wefts or water rights used on tins land.
Well location address (Include City. Stale. Zip) IJ Check It well address is same as in Item 1.
Optional: GPS well location information in UTM format You must check GPS unit for
required settings as follows:
Format must be UTM
OZone 12orOZone 13
Units must be Meters
i,ac:tm muss be Nit`ue's
Unit must be sot to true north
Was GPS unit checked for above? ❑ YES
Easting
Norining
Remember to set Datum to NAD83
9. Proposed Well Driller License #(optional):
10. Signature Of Applicant(s) Or Authorized Agent
The making of false statements herein constitutes perjury in the second
degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S.
24-4-104 (13)(a). I have read the statements herein, know the contents
thereof and state that they are true to my knowled • e.
Sign here (Must be original signature)
yY•,
r ..\..- -
Print name sidle
.1."\ .\it'1.O, c
Office Lisa Only
5. Parcel On Which Well Will Be Located
(PLEASE ATTACH A CURRENT DEED FOR THE SUBJECT PARCEL)
A. Legal Description (may be provided as an attachment):
!ii i'L (";1";07 aJ'!'1t19 r) � �Gr•':r
s.i;. .'it . =:fh.76E• Fri Go` . Ci; till:
II of acres in parcel Fd. Owner
I t y s II
Vvilt this be the only well on this parcel? Ii2YES NO (if no — list other wells)
E. State Parcel ID# {optional;:
USGS snap name
Ision - 6,tamp" ! Receipt area on
r'
y
/I V r� I AF:
FAt Alt ^'tttt, rVl�1100
iliiL,iLtiJ ii L..i t iu h'Yl
t,sati L)L''r'1ti (1))
i utiel i trine .wmt: y -I JU.UU
L•nt_C:K
Date
l.n I 'tl. tv lit I tuts:
� .fiac;K F r i lUUf 11. 3 t uU.t)U
DIV WD 8A MD
b5447
• •
Form No.
GWS-43
Rev. 9/96
OFFICE OF THE STATE ENGINEER
818 Centennial Bldg.
1313 Sherman St., Denver, Colorado 80203
(303) 866-3581
NONTRIBUTARY LANDOWNERSHIP OR CONSENT VERIFICATION OF NOTICE
I (We) !y%144 :73)4a4.9
(Name of Well Permit Applicant)
claim and say that I (we) have given notice pursuant to CRS 37-90-137(4)(b.5) of the application for
a well permit by registered or certified mail, return receipt requested, no less than ten days prior to
making of the application for the permit, to every record owner of the overlying land and to every
person who has a lien or mortgage upon, or a deed of trust to. the overlying land recorded in the
county in which the overlying land is located.
The names of the persons given notice are listed below:
�e SYni '.t e- dot' etwed.>de4S, e,/ 5�3z
Further, I (we) claim and say that I (we) have read the statements made herein: know the contents
hereof; and that the same are true to my (our) own knowledge.
(Signature) (Date)
(Signature) (Date)
INSTRUCTIONS
PLEASE TYPE OR PRINT NEATLY IN BLACK INK. THIS FORM MAY BE REPRODUCED BY
PHOTOCOPY OR WORD PROCESSING MEANS. SEE ADDITIONAL INSTRUCTIONS ON BACK.
• •
GWS 1
03/2005
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
DIVISION OF WATER RESOURCES
1313 Sherman St. Room 821
Denver. CO 80203
(303) 866-3581 Fax (303) 866-3589
NONTRIBUTARY GROUND WATER LANDOWNERSHIP STATEMENT
I (We) i //,‘/1.00 /01,yii9 732,7/1401
(Name(s))
claim and say that I (we) am (are) the owne js) of the following described property consisting of
2`9. > l acres in the County of u/ 2P
State of Colorado:
(insert the property legal description)
�qer�/AS5#00,1 Pesazi,feo 05,-‘,44-7
(%f, rvsl' 3, ZOD', ! '4' w /A0 3/D7/o 64 ' 4 7.a6 Ilcih�z'z- G✓.rfh�•r
/oAa'" n 7Z 7°-% 9f 5,1771)? /O rt.,),SHie 2,1/ / ',4, i rf' b5 kiC ,r 6ru !tea
oVf17 / o/ 440,44°°
and, that the ground water sought to be withdrawn from the L.rm'C 7trx iL
aquifer underlying the above -described land has not been conveyed or reserved to another, nor has
consent been given to its withdrawal by another.
Further, I (we) claim and say that I (we) have read the statements made herein; know the contents
hereof: and that the same are true to my (our) knowledge.
1.1
Signatur6
'
Sigriaturq' Date
Date
INSTRUCTIONS:
Please type or print neatly in black or blue ink. This form may be reproduced by photocopy or word
processing means. See additional information on the reverse side.
• •
Page 1 of
Jacqueline Hatch
From: Jacqueline Hatch
Sent: Tuesday, April 08, 2008 3:46 PM
To: 'The Carroll Group, Ltd.'
Subject: RE: USR-1634 Bonilla
Larry,
I had a chance to look them over and I first wanted to stress that I am not an attorney and can not provide
legal advice.
It appears as though the agreements with the ditch company are in line with what I need for the USR
application (they will need to be recorded).
I still do need copies of recorded access agreements with the property owners crossed by the access.
If you have any questions please do not hesitate to contact me.
Thanks!
Jacqueline
From: The Carroll Group, Ltd. [mailto:tcg@rapidoffice.com]
Sent: Monday, April 07, 2008 6:16 AM
To: Jacqueline Hatch
Subject: RE: USR-1634 Bonilla
Thanks Jacqueline - Let me know, so I know how to proceed with compliance.
Larry
Original Message
From: "Jacqueline Hatch" <jhatch@co.weld.co.us>
To: "The Carroll Group, Ltd." <tcg@rapidoffice.com>
Date: 4/4/2008 4:33:49 PM
Subject: RE: USR-1634 Bonilla
Larry,
I will take a look at these over the weekend and get back in touch with you the beginning of next week.
Thanks,
Jacqueline
From: The Carroll Group, Ltd. [mailto:tcg@rapidoffice.com]
Sent: Thursday, April 03, 2008 12:33 PM
To: Jacqueline Hatch
Subject: USR-1634 Bonilla
Jacqueline, hope things are going well for your projects!
I just received the final resolution from the BOCC on 3/25/08 for Bonilla's USR. So we are starting the
final review and submittals. As part of the process we are ready to record an easement from FRICO for
the benefit of Bonilla - see attached pdfs. (I've also included the original 20' access agreement to FRICC
for your reference)
04/08/2008
• •
Page 2 of
Could you review, prior to me submitting the originals for recording? I want to make sure we are coverinc
the requirements of Planning/PW...also need to know if I am to record directly with the Clerk or if you do
from your office?
Thanks!
Larry
THE CARROLL GROUP, LTD.
P.O. BOX 886
BRIGHTON, CO 80601
303.659.6692
1.866.614.5316 FX
04/08/2008
To: Bruce
Fax: o%Z
Phone:
From: Jacqueline Hatch
Subject: Access Easements
COMMENTS:
FAX TRANSMISSION
DEPARTMENT OF PLANNING SERVICES
Planning Division
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
jhatch@co.weld.co.us
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
Date: 11/7/07
Pages:
Bruce
I have a USR for a trucking business that wants to utilize their existing easement access to their property.
I originally told them that they would need to obtain a new easement since there is a change in
use/intensity. There is now a LOT of discussion in our office regarding what existing easements can be
utilized for. I am forwarding you what I have found on ICRIS and has been submitted in the application for
the access easement. My question is do they need to obtain a new agreement or does the existing
easement work for a commercial trucking operation (5 employees and 5 tractor trailers + home owner)?
Thanks!
If you have any questions or need any additional information please do not hesitate to contact me.
Thanks,
Jacqueline
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is
privileged. confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient
nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service.
Thank you.
79
a
•
111111111111111111111111111111111111111III IIIII IIII (HI
3303798 01i18/2005 11:30A Weld County, CO
1 of 2 R 11 00 D 950 Steve Moreno Clerk & Recorder
g..Q 0 ' 3dn�//
-Cy nail° P24)/
P-O. i3o/ (095,
F�. Lwp'Fo2 Co Sinai
WARRANTY DEED
THIS DEED, Made this 14th day of July, 2005 between
Larry E. Barges and Marsha Grindel-Bargas
of the County of Weld and State of COLORADO, grantor, and
Reynaldo Bonilla and Mayra Bonilla
whose legal address is 952 Stuart Street Denver, Colorado 80204
of the County of Weld, State of Colorado, grantees:
WITNESS, That the grantor, for and in consideration of the sum of Ninety -Five Thousand Dollars and
NO/100's, ($95,000.00),
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 grantees, their heirs and assigns
forever, not in tenancy in common but in joint tenancy, all the real property together with improvements, if
any, situate, lying and being in the County of Weld, and State of COLORADO, described as follows:
Parcel 1 as shown and described on Land Survey Plat recorded September 3, 2003 at Reception No. 3102710
and being located within a part of the Northeast N of Section 10, Township 2 North, Range 65 West of the 6"
County of Weld,
State of Colorado.
1)0C C Prep
also known by street and number as Vacant Land, Hudson, CO 80642
TOGETHER with all and singular the hereditaments and appurtenances thereunto 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, 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 the appurtenances,
unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal
representatives, does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that
at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed,
has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the same are free and clear from alt former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature socver, except all taxes and
assessments for the current year, a lien but not yet due or payable, and those specific Exceptions described by
reference to recorded documents as reflected into the Title Documents accepted by Buyer in accordance with
section 8a'"title Review", of the contract dated April 25, 2005, between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the
quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or
persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
SELLERS:
} SS:
arsha Grindel-Bargas
STATE OF COLORADO
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 14 ' 'a • 'July, 2005 by Larry E. Bargas and
Marsha Grindel-Bargas
Witness my hand and official seal.
My Commission expires: 11/30/05
goo 5 9s
otary Public
STAC:AA.TUTTY
NO'fca i " P`. f 9! -.IC
STAY': .' _nRA,D0
Com:r,isaion Expires 11/3012005
Security Title
File No. 80056486
WDJT
Warranty Deed to Joint Tenants
•
1111111 11111 IIIII 1111111 IIII 11111111111 III 11111 It IIII
3303798 07/18/2005 11:30A Weld County, CO
2 of 2 R 11.00 D 9.50 Steve Moreno Clerk & Recorder
EXHIBIT A
•
Parcel 1 as shown and described on Land Survey Plat recorded September 3, 2003 at
Reception No. 3102710 and being located within a part of the Northeast % of Section 10,
Township 2 North, Range 65 West of the 6th P.M.,
County of Weld,
State of Colorado.
EXI❑ ITA Security Title
File No. S0056486
Exhibit A — Legal Description
•
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• •
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Mutual Access Agreement
This agreement dated this 6i' day of December 2002 between The Farmers Reservoir and
Irrigation Company, a Colorado Corporation (FRICO) and Larry and Marsha Bargas
(Bargas) is as follows:
In consideration of FRICO granting to Bargas the right of access and use of a portion of
the right of way for the Beebe canal as the same exists over and across a portion of the
Northeast'/. of Section 10, Township 2 North, Range 65 West of the 6th P.M., Weld
County, Colorado, in accordance with the terms and provisions of the Right of Way
Easements and Licenses Agreement attached hereto and made a part hereof
Bargas hereby quitclaims and conveys to FRICO a perpetual 20 foot easement and right
of way on each bank of the Beebe-Neres Cut Off Ditch over and across Parcels 1, 2 and 3
situate in a portion of the Northeast '/4 of Section 10, Township 2 North, Range 65 West
of the 61h P.M. Weld County Colorado as the same is more particularly shown and
described on the Land Survey Platt prepared by Alpha Engineering Company, dated
December 6, 2002, as File NO. 1----2N5-06, a copy of which is attached hereto and made
a part hereof.
The rights and interests hereby granted between the parties hereto shall be binding upon
and inure to the benefit of the heirs, successors and assigns of the parties.
Dated the day and date above written.
Subscribed and affirmed, or sworn to before me in the County of(CtW \2 , State of eoloractothis
Cori day ofe l e,nkver- 20 na,
.3slon expires:cpki ¶
.4 -
11111111111111111 1111111111111111111111 VI 1111111111111
3303796 07/18/2005 11:30A Weld County, CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder
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RIGHT OF WAY EASEMENTS MW LICENSES
THESE EASEMENTS AND LICENSES made and entered into this
4 day of , A.D. 2002 by and between The Farmers Reservoir
and Irrigation Company,
a Colorado corporation, as First Party, and Larry and Marsha
Barrgas,a private ownership, as Second Party;
WITNESSETH:
:
THAT WHEREAS, First Party is the owner of those certain
irrigation canals known as the Beebe Canal in Weld County,
Colorado; and
WHEREAS, Second Party desires to construct and maintain a
access in varying sizes over or under and across the rights of
way of said canals at the locations and in the manner as shown on
the drawings marked Exhibit A hereto attached and by this
reference made a part hereof. Said Exhibit A consists of 1
sheets and each sheet represents a specific crossing; and
WHEREAS, First Party is willing to grant the easements and
licenses desired by Second Party.
NOW, THEREFORE, in consideration of the sum of $10
paid to The Farmers Reservoir and Irrigation Company
the receipt of which is hereby acknowledged, and the agreements
of Second Party to be performed hereunder and upon the conditions
and for the period herein stated, First Party does grant to
Second Party, its successors and assigns, easements and licenses
to construct, install, lay, maintain, alter, repair, operate and
remove a access over or under and across the strips of land which
constitute a part of the rights of way of the canals hereinabove
named at the specific locations and in the manner designated and
referred to in the applicable sheet of Exhibit A.
Second Party agrees not to commence construction of said
access at any of the points described in Exhibit A without first
having obtained the consent and approval thereof of the
Superintendent of First Party.
ERIC - S.TC£NSr ANT) F.ASFNIF.NT AGREEMENT
6'O4(f
It is understood that, if the First Party only owns an
easement for Canal and Lateral rights of way or any part thereof
at the locations described in Exhibit A, this instrument shall
grant to Second Party only such rights as First Party may under
such circumstances grant.
In laying and constructing said access
and thereafter in repairing, maintaining or removing same Second
Party shall do so in such manner as not to damage said Canals and
Laterals or the embankments thereof and so as not to interfere
with the flow of water in said Canals and Laterals. Any and all
excavations made shall be immediately leveled off, and any damage
to the Canals and Laterals, embankments, fences, roads or other
improvements shall be promptly repaired by Second Party at its
sole cost to the satisfaction of First Party.
Second Party further agrees to indemnify and save harmless
First Party, its successors, assigns, employees, agents and
stockholders on account of any damage or loss sustained by them
or any of them arising by reason of laying, construction,
maintenance or removal of said access.
If in the future First Party should desire to enlarge,
deepen or otherwise change or relocate said Canals and Laterals
or to construct any other canal ditch or waterway on said Canal
and Lateral rights of way or to do any other thing incident to
the operation of said Canals and Laterals or any other portion of
the irrigation system of First Party, then Second Party agrees,
at Second Party's expense, with all due diligence, to change,
relay and reconstruct its access so as to comply with such plans
and specifications as First Party may prescribe as being
necessary to permit the proper maintenance and operation of First
Party's irrigation system.
Second Party agrees to grant First Party a maintenance
easement along the Beebe Canal and East Neres Canal. The width
of the maintenance easement shall be 20 feet from the edge of the
Beebe or East Neres Canal as shown on Exhibit "A".
Second Party agrees to protect First Party and save and hold
DOC - LICENSE AND EASEMENT AGREEMENT
2
•
it harmless from any and all third party claims and damages that
said access and its operation, construction, maintenance and
removal may directly or indirectly cause; and Second Party hereby
releases First Party, its successors, assigns, employees, agents
and stockholders from any and all claims and damages of
whatsoever character to said
access or other property of Second Party located in, along or
across said Canal and Lateral rights of way arising out of either
the operation or maintenance of said Canals and Laterals or other
portions of First Party's irrigation system or resulting from any
other act either on the part of First Party or on the part of any
Third Party.
The rights of way herein granted to Second Party shall continue
so long and only so long as Second Party, its successors and
assigns, shall faithfully and promptly comply with the provisions
herein stated.
It is mutually understood and agreed that this agreement and all
the terms and conditions hereof shall extend to and be binding
upon the parties hereto, their successors and assigns.
EXECUTED in duplicate the day and year first hereinabove
written.
Secreta
l- 03PCOLOtDO, }
n��� _ }ss.
t7NTSF OF ADAMS }
By --t7 X14
It's President
FIRST PARTY
e foregoing ins went, w_a acknowledged }Zefq�e me this
day of 7(� b
as Se'retary o
Q�a �( 01® corporation.
Witness my hand and notarial seal.
My commission expires re)4061140.5
•
J y evO:..
<
DOC — LICENSE AND EASEMENT AGREEMENT
3
My commission expires
DOC - LICENSE AND EASEMENT AGREEMENT
Attest:
By x11t Sr°
Its Its
STATE OF l OInr&rie . }
^a- }ss.
COUNTY OF dafti1S }
SECOND PARTY
The foregoing instrument was acknowledged before me this
I Cl- 114- day of , J�a by
L trrV ac. iyt-1C}os
aG
and
of
Witness my hand and notarial seal.
a s- 09
cz ar Public
pvinLiuu.
4
F "'
R
I
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O
3102711 09/03/2003 04:19P Weld County, CO
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder
THE FARMERS RESERVOIR AND IRRIGATION COMPANY
80 South 27th Ave. • Brighton, CO 80601
Telephone: 303-659-7373 • FAX 303-659-6077
April 28, 2003
Dear Marcia and Larry Bargas,
We have entered into an agreement to trade easements as stated in the attached
memorandum of agreement. You have stated your concerns regarding FRICO granting
an easement to you for access to your three parcels and what position of the neighboring
landowner might take.
I met with Jim Cook who is the landowner to the east to review the agreement to grant an
easement to you for your access along the Beebe Canal north to your property. Mr. Cook
understands that the agreement benefits both parties. Mr. Cook stated that he does not
object to the agreement between you and FRICO. The FRICO R -O -W granted is owned
and has been used since the construction of the canal. I have personal knowledge of the
use of the road by FRICO the last 24 years.
I assured Mr. Cook that the easement granted is for access to three parcels for single
resident homes and will not be burdened with traffic not associated with single resident
homes.
If you have any further questions please do not hesitate to call me.
Sincerely,
`Mwu4saYuan\0‘,N°\
Manuel Montoya
General Manager
•
111111111111111111111111111111111111111 I I 1111111111 I I I!
2893874 10/22/2001 02:03P JA Saki Taukamoto
1 of 2 R 10.00 D 0.00 Weld County CO
MEMORANDUM OF SURFACE USE AGREEMENT
874
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
This Memorandum is made and entered into this it day of
r , 2001, by and
between Larry E. Bargas and Marsha Grindel Bargas, ("SURFACE OWNER") and North American
Resources Company, 1700 Broadway, Suite 2000, Denver, Colorado 80290 ("NARCO").
As of the date described above, SURFACE OWNER and NARCO entered into a Surface Use
Agreement (the "Agreement") providing for the use of the surface of the lands described below by NARCO
in connection with certain oil and gas operations and the compensation to Surface Owner for all damages
(except as provided for in the "Agreement") to the surface of the lands associated with the drilling, testing,
completion, recompletion, reworking, reentry, pumping, operation and maintenance of the wellsites to be
located in:
Township 2 North, Range 65 West, 6th P.M.
Section 10: NE/4
Weld County, Colorado
This Memorandum of Surface Use Agreement is executed by SURFACE OWNER and NARCO
and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the
existence of the Surface Use Agreement. A true and complete copy of the Surface Use Agreement is
available from NARCO to any person with an interest in the above described land.
This agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the
parties, and may be executed in counter parts.
SURFACE OWNER
Larry E.
NORTH AMERICAN RESOURCES COMPANY
arsha Grindel Bargas
By: '
Robert ram, Landn n
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2 28 of R0 00 D 0.00 WeldCounty CO
4 110Jkamoto
ACKNOWLEDGMENTS
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The foregoing instrument was acknowledged before me this_IN1 day of y, 2001, by
Larry E. Bargas and Marsha Grindel Bargas
Witness my hand and official seal.
[SEAL]
Notary �y�yy1NA�y��
My commission expires: fal WES 0:6
STATE OF COLORADO )
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COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this!? day
Robert Bram, Landman of North American Resources Company.
Witness my hand and official seal.
[SEAL]
Notary Public
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My commission expires: KYCOMI 7CM1 DIMES
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