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Home My WebLink About20081370.tiff Esther Gesick Orom: Chris Gathman ent: Thursday, May 08, 2008 10:22 AM o: Esther Gesick Subject: FW: The Home Ranch Attachments: The Home Ranch The Home Ranch Esther, Exhibits for PF-1129. Thanks, Chris Chris Gathman, AICP, Planner II Weld County Department of Planning Services 918 10th Street, Greeley, Colorado 80631 ph (970) 353-6100 ext. 3540 fax (970) 304-6498 Original Message From: Don Dunker Ilnt: Thursday, May 08, 2008 10:19 AM o: Chris Gathman Subject: FW: The Home Ranch Chris, Attached is the letter of understanding for lowering the Lake Lee Lateral Irrigation culvert when CR-74 is improved. The offsite construction easement with the Ochsners south of CR-74 . One more piece of the puzzle. Don Dunker, P.E. Weld County Public Works 11 dboo. Esther Gesick rom: Brent Bartlett[brentbartlett@fbgpc.com] nt: Thursday, May 08, 2008 10:09 AM o: Don Dunker Cc: Serbousek Subject: The Home Ranch Attachments: Lake Lee to Weld County 5-8-08 v.3.doc; Temporary Construction Access Easement.doc Lake Lee to Weld Temporary County 5-8-08... onstruction Access. Thanks for looking at this Don. All revisions are good. In addition, we've added the following sentence to the letter: The improvements shall be completed in a manner that does not result in diminished capacity or reduced flows through the irrigation ditch culvert. I've also revised the Temporary Access and Construction Easement to include an Exhibit A showing the size and location of the easement. Chris will probably have Connell Resources complete this and we'll attach it accordingly. m attaching the final versions for both you and Chris. Thanks, Brent Brent Bartlett Fischer, Brown, Bartlett & Gunn, P.C. 1319 E. Prospect Road Fort Collins, CO 80525 (970) 407-9000 Ext. 217 Fax: (970) 407-1055 The information contained in or attached to this E-MAIL message is intended only for the CONFIDENTIAL use of the individual(s) named above. If you are not the named recipient or an agent responsible for delivering it to the named recipient, you are hereby notified that you have received this e-mail message and any attachments in error and that review, ilir issemination, distribution or copying of this e-mail message and any attachments is ohibited. Erroneous of this communication does not constitute waiver of any applicable rivilege. If you have received this e-mail message and any attachments in error, please notify the sender immediately by telephone or e-mail and then delete the e-mail message and any attachments from your computer and/or network. Thank you. 1 Original Message From: Don Dunker [mailto:ddunker@co.weld.co.us] Sent: Thursday, May 08, 2008 9:47 AM ille: Brent Bartlett bject: RE: Don Dunker's email address, The Home Ranch Brent, Attached is the marked up copy see what you think. Thanks, Don Dunker, P.E. Weld County Public Works Original Message From: Brent Bartlett [mailto:brentbartlett@fbgpc.com] Sent: Wednesday, May 07, 2008 3:31 PM Don Dunker Subject: RE: Don Dunker's email address, The Home Ranch Here's the draft Don, Please let me know if it should addressed differently or if it needs revision. I'm working on the temporary construction access easement between the County and the Ochsners right now and will forward that for your review when completed. Thanks, Brent Brent Bartlett Fischer, Brown, Bartlett & Gunn, P.C. 1319 E. Prospect Road •ort Collins, CO 80525 (970) 407-9000 Ext. 217 2 Fax: (970) 407-1055 The information contained in or attached to this E-MAIL message is IItended only for the CONFIDENTIAL use of the individual(s) named above. If you are not the named recipient or an agent responsible for delivering it to the named recipient, you are hereby notified that you have received this e-mail message and any attachments in error and that review, dissemination, distribution or copying of this e-mail message and any attachments is prohibited. Erroneous of this communication does not constitute waiver of any applicable privilege. If you have received this e-mail message and any attachments in error, please notify the sender immediately by telephone or e-mail and then delete the e-mail message and any attachments from your computer and/or network. Thank you. Original Message From: Don Dunker [mailto:ddunker@co.weld.co.us] Sent: Wednesday, May 07, 2008 3:27 PM !o: Brent Bartlett Subject: Don Dunker's email address, The Home Ranch Brent, Please attach the agreement and email it back for review. Thanks, Don Dunker, P.E. Weld County Public Works 1111 H Street Greeley, CO 80631 phone: 970.304.6496 ext. 3749 illax: 970.304.6497 ddunker@co.weld.co.us 3 • May 9, 2008 FROM: Lake Lee Lateral Company Windsor, Colorado 80550 TO: Chris Gathman, Dept. of Planning Services Weld County Planning and Zoning 918 10th Street Greeley, CO 80631 RE: Serbousek/Homestead Development PUD Application a/k/a The Home Ranch Dear Mr. Gathman: We understand that Weld County is requesting a letter of understanding regarding preliminary planned improvements on County Road 74 (CR-74) related to the Home Ranch and the Lake Lee Lateral. We are writing to provide our understanding and consent as requested. We presently have an easement for the Lake Lee Lateral Ditch as it crosses through the • southeast corner of the Home Ranch property as the ditch runs from the northeast to the southwest. The irrigation ditch then crosses under CR-74 through a culvert and enters the Ochsner property on the south. We understand that preliminary designs for improvements to CR-74 may involve a lowering of the centerline of the road or related modifications. Preliminary plans require that the irrigation ditch culvert either be lowered, or the installation of a siphon may be necessary, depending on the final design for CR-74 improvements. In recompense for our consent to said improvements, resulting in the modifications to the culvert under CR-74 for the irrigation ditch, we request that said improvements be at no cost or expense to the Lake Lee Lateral Company. The timing of the construction should be during the time as to not interfere with downstream water deliveries or when irrigation water has stopped running for the current irrigation season. The improvements shall be completed in a manner that does not result in diminished capacity or reduced flows through the irrigation ditch culvert. The Lake Lee Lateral Company is available to review and approve the final design plans for CR-74 once completed. If we can provide additional information, please let us know. Sincerely, Lake Lee Lateral Company 411 Jody Niswender • TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT, is made and entered into this day of May, 2008,by and between JAMES and JOANN OCHSNER, ("Owner" and/or"Grantor" herein), whose legal address is 7422 Weld CR 74, Windsor, Colorado 80550 and The Home Ranch, LLC a Colorado limited liability company ("Home Ranch" and/or "Grantee"), whose legal address is 7471 County Road 74, Windsor, Colorado 80550. WITNESSETH: WHEREAS, the Grantor is the Owner of certain real property in the County of Weld, State of Colorado which is that parcel of land south of Weld County Road 74, assessor parcel #80705200062, with an address of 7422 Weld CR 74, Windsor, Colorado. WHEREAS, the Home Ranch desires a temporary easement on the Owner's Property for access and construction of improvements under Weld County Road 74; and WHEREAS, the improvement to be constructed consist of a culvert under Weld County Road 74 and within the right of way; and WHEREAS, the Home Ranch desires temporary construction access as necessary and • reasonable to construct the culvert as further indicated on Exhibit A, attached hereto and incorporated herein; and WHEREAS, the Parties hereto are desirous of setting forth their understanding and agreement regarding the Home Ranch's construction and installation, and the Home Ranch's temporary construction access for that purpose. NOW THEREFORE, for good and valuable consideration, including the mutual promises contained herein, and for other valuable consideration, the sufficiency and adequacy thereof being acknowledged by the parties by their signatures below, the Owner and Home Ranch agree as follows: 1. The factual recitals recited above are hereby incorporated by reference as though fully set forth. 2. The Grantor hereby grants and conveys to the Home Ranch, its successor and assigns, subject to the terms of this Agreement, a Temporary Construction and Access Easement as is reasonable and necessary on the Property for the construction and installation of a culvert under County Road 74. 3. Said Temporary Construction and Access Easement shall commence and be effective as of the date of Grantor's execution of this Agreement until completion of the culvert • improvement under County Road 74. 4. As a condition of granting and conveying this Temporary Construction and Access Easement, the Home Ranch covenants and agrees to restore said lands within said Temporary Easement, including existing landscaping, fences, asphalt, or other existing • improvements, to a condition comparable with their original condition. The Home Ranch further covenants that no dirt or soil excavated in the Easement shall be removed from the Property, but shall be used for such restoration. 5. This Agreement, and all of its provisions, is binding upon and shall inure to the benefit of the parties, their heirs, successors and assigns, and shall be a covenant running with the Owner's Property for that period described herein. 6. Grantor covenants and agrees to and with the Home Ranch, that Grantor is well seized of the Property, has good, sure, and absolute title to the Property, and has full right, title, and authority to grant the Temporary Easement as set forth herein, and that this Agreement is effective to grant and convey to the Home Ranch the Temporary Easement. IN WITNESS WHEREOF, the undersigned, having full authority to enter into this Agreement for and on behalf of the Parties hereto, have set their hands and seals hereto on the day and year first above written. EXECUTED the date written first above. OWNER/GRANTOR: • James Ochsner JoAnn Ochsner STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of May, 2008, by James and JoAnn Ochsner. WITNESS my hand and official seal. My commission expires: Notary Public HOME RANCH/GRANTEE The Home Ranch, LLC By: Christopher Serbousek, Manager STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2008, • by Christopher Serbousek as Manager of The Home Ranch, LLC. WITNESS my hand and official seal. My commission expires: Notary Public PLANNING COMMISSIONER' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS April 30, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR PF-1129 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign ti Signature of Person Posting Sign • STATE OF COLORADO ) ss. COUNTY OF WELD • gn The foregoing instrument was subscribed and sworn to me this ��day of , ` , 2008. WITNESS my hand and official seal. 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