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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20070480.tiff
„1 RESUBDIVISION FOR REDESIGN, ADDITION, VACATION OR FINAL PLAT APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY 1 PLANNER ASSIGNED: Parcel Number 0 5_5_ 5 - , 2 4- - D l - be a (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). (Include all lots being included in the application area. If additional space is required,attach an additional sheet) Legal Description LOT" 12, %IAGLttoLWw AC ltSr Section, Township North, Range('7West Property Address(If Applicable) 86C? WG2• F3 to Fatt 6::, rssI Co 8 oS2-t AA E-E snA'rE Existing Zone District :A-Are Proposed Zone District: SIIMIr Total Acreage:24.4I Proposed#/Lots 2 Average Lot Size: 2O Minimum Lot Size: to Proposed Subdivision Name: N I q FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet) Name: JASor) S. S t kit-rt. 4r to LISA In . Iu FF SLAT FL Work Phone#q1h -22i-%(00.4 Home Phone# n -cow I t8 S Email Address 3 I S Ia-her 0 k net- Address:ess: $567 W •C.R . 8L City/State/Zip Code cc,(-r CoWOCT Co Soc2`-( APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: Work Phone# Home Phone# Email Address Address: City/State/Zip Code L �e ' pt �� L UTILITIES: Water: CuAAtrkl.r, On wGr.C. I IVONtn we to (Lr& 14,SL__ ►.tV• Zed', Sewer: S2 L Gas: Proea Electric: ?tna eQ rt VA. 9-% QLai DISTRICTS: School: (JrrcQsoit Fire: wit-Scar / “X- gr.CA Post: ,t ((o LQ21 . I (We)hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sig for he corporation. _ar;y�w� J . S IIiIO�(�(oIC1?-1--Z-L: i a /ly1o(o Q Si nature: Owner or Authorized Agen Date Signature: wn r r uthorized L•-• I- - EXHIBIT I 2- 2007-0480 Attn: Weld County Planning Department Re: 8567 W.C.R. 86 Fort Collins, Co 80524 Lot 12,Black Hollow Acres 1st filing Jason and Lisa Slater (970)674-I 185 We currently reside at the above mentioned property, and would like to petition to parcel our land into two separate parcels for the purpose of building a single-family residence on the northern part of our property. Our neighbors to the west and to the east run businesses that have numerous heavy equipment vehicles driving past our house on WCR 86 throughout the day Monday through Friday(often on the weekends also). The house we currently reside in is located approximately 100 feet North of WCR 86 with a considerable amount of dust and noise created from the traffic. Our property is located on the southwestern edge of the development on a tract of land covering 29.41 acres. Our parcel is zoned A-Agriculture as are the other properties in Black Hollow Acres. None of the properties have access to irrigation water,therefore, farming or raising crops is not an option. Pursuant to Weld County requirements, the zoning will change to E-Estate for the newly created lots. It is emphasized that the land use will not change as both properties will simply have single family homes. The current house and improvements would remain on a 10 acre site, with the newly created site covering the remaining 19.41 acres. Both of these lot sizes are homogenous with other lot sizes in the subdivision. It is our belief that an additional single-family residence will have a minimal road impact. Black Hollow Acres was created in 1970, however, lot 7 has been separated into smaller lots since that date showing a precedent of a property being sub-divided. According to the current plat map of Black Hollow Acres, lot 7 covers 59.229 acres, however, according to the Weld County Assessor's office, this information is not being reported completely accurately. Lot 7 did cover the 59.229 acres with a parcel number of 055533401001, but was split into three lots in 8/1994. The former parcel number is now classified by the Weld County Assessor's office as a"deleted" parcel number. The three lots are identified hereafter. Parcel #055533401011 (BH-7B E1265.22' L7 1"Black Hollow Acres)which covers 19.2 acres is currently owned by Gordon Bottomfield. Parcel#055533101002(BH-7A N660342' of W1314.89' L7 ls`Black Hollow Acres) which covers 20.0 acres is currently owned by Ronald and Lavonne Perkins. Parcel #055533401012 (BH-7 L7 i'Black Hollow Acres Exc N660.42' of W1314.89' Also Exc E1265.22')which covers 20.03 acres is currently owned by Ronald and Lavonne Perkins. Following is a list of some but not all of the parcels of land within three miles of the above mentioned property that have ten (10)or less acres. This list is provided to show that there are numerous nearby properties with similar or less land than the proposed sites being considered for review. The two proposed lot sizes will be homogenous with the Black Hollow subdivision and surrounding land uses. Address Owner Land (Acres) Parcel Number 39525 W.C.R. 23 Ault, Co 80610 Drake 4.41 070514000006 39384 W.C.R. 19, Fort Collins, Co 80524 Brown 10.0 070515000018 40102 Skylark Dr., Fort Collins, Co 80524 Deutchse Bank 3.99 070508000054 40127 W.C.R. 17,Fort Collins, Co 80524 Rowton 6.2 070508400001 39988 W.C.R. 19, Fort Collins, Co 80524 Moore 1.87 070516000016 10010 Highway 14, Ault,Co 80610 Blehm 2.92 070514000005 10151 Highway 14, Ault, Co 80610 Valley 5.46 070511300033 41750 W.C.R. 23,Ault, Co 80610 Ramsey 10.0 070502000011 10531 W.C.R. 84, Ault,Co 80610 Legino 1.83 070502000009 10295 W.C.R. 84,Ault, Co 80610 Bartlow 2.14 070502000014 10146 W.C.R. 84,Ault, Co 80610 Schmidt 4.75 070511200039 10005 W.C.R. 84, Ault, Co 80610 Shumway 1.56 070502000013 10092 W.C.R. 84,Ault, Co 80610 Schmidt 3.03 070511000035 40705 W.C.R. 84,Ault, Co 80610 Cummins 0.88 070510100017 7551 W.C.R. 21, Ault, Co 80610 Drake 3.2 070510100014 In addition to these individual lots,there are three newly platted sub-divisions within three miles of the proposed lots. Sage Hill consists of 9 lots ranging in lot size from 3.01 acres to 4.75 (located on W.C.R. 15 and W.C.R. 86) Sorrel Ridge Estates consists of 9 lots ranging in lot size from 4.01 acres to 7.97 (located on W.C.R. 15 between W.C.R. 84 and W.C.R. 86) Bridle Hills Estates consists of 74 lots ranging in lot size from 0.5 acre to 5.43 (located on Highway 14 between W.C.R. 17 and W.C.R. 19) Our property currently is serviced by a well for water, septic system for waste, and propane gas for heating. The North Weld Water district has provided a letter indicating that a water tap is available to our property upon the installation of the water line which is currently being installed on WCR 19 and WCR 86. The newly created lot will be serviced by North Weld water, a new septic system, and a propane tank. Due to the fact that another lot has already been split in our subdivision,and only an additional single family home will be built on our land, we anticipate working with the Weld Count Planning Department on the successful re-subdivision of our land. Sincerely, Jason and Lisa Slater .ice SEP-22-2006 FRI 02:03 PI1 FAX NO, r, uliue Report ate:09/22/2008 02:00PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE S HEDULE NO: R0707286 A SESSED TO: S TER JASON S& 8 67 COUNTY RD 86 F RT COLLINS, CO 80524 LEGAL ESCRIPTION: BH-12 L 2 BLACK HOLLOW ACRES 1ST FILING SITUS: 8567 86 CR WELD 0 PARCE 055533401002 SITUS ADD: 8587 86 CR WELD TAX YE R CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 TAX 1,604.30 0.00 0.00 1,604.30 0.00 TOTAL TAXES 0.00 GRAN TOTAL DUE GOOD THROUGH 09/22/2006 0.00 ORIGIN L TAX BILLING FOR 2005 TAX DISTRICT 0410 • Author' Mill Levy Amount Values Actual Assessed WELD C UNTY 17.900 335.51 RESIDENTIAL 235,602 18,750 SCHOO DIST RE4 48.735 913.78 -- ------- NCW ATER 1.000 18.75 TOTAL 235,602 18,750 AULT Fl E 8.025 150.47 AIMS JU IOR COL 6.357 119.20 WINDS R LIBRARY 3.546 66.49 TAXES OR 2005 85.583 1,80430 ALL TAX IEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO A VERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTAC ED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES•AUGUST 1, REAL PR PERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O.Bo 458 Greeley,CO 00632 (970)35 -3845 ext.3290 SEP-22-2006 FRI 02:03 PM FAX NO. F. uUu? WELD COUNTY TREASURER Pursuant to the.Weld County Subdivision Ordinance, the attached S tement(s) of Taxes Due, issued bythe Weld County Treasurer, are E idence that, as of this date, all property taxes, special assessments and Pr or tax liens currently due and payable connected with the parcels) id ratified therein have been paid in full. �� Date ,//a oZ/®Ce Si ed Q 6 " J 11111111111 111111 liii iiiiIIIII $j 3476844 05/18/2007 03:02P Weld County, CO 1 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder WATER SERVICE AGREEMENT (Black Hollow Acres Amended - SINGLE SYSTEM) THIS AGREEMENT is made and entered into as of the //Th day of Aaayy , 20 p�-, by and between the North Weld County Water District, acting by and thro'Ggh the North Weld County Water District Enterprise (hereinafter "District") and Jason Slater and Lisa Slater, (hereinafter "Developer'), of Black Hollow Acres Amended, (hereinafter "Development"). RECITALS WHEREAS, District is a statutory special district formed under the laws of the State of Colorado and is a quasi municipal corporation; and WHEREAS, the District Enterprise was created by the District, in order to comply with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes, as applicable; and WHEREAS, the District owns, maintains and operates a system for the storage of and distribution of potable water within Weld County and Larimer County, Colorado; and WHEREAS, the Developer desires to contract with the District for certain potable water supplies and services for the Development known as Black Hollow Acres Amended, Lot 12 Black Hollow Acres 1st Filing; and WHEREAS, Developer intends to plat and/or develop more than three residential lots which will require dedication of raw water and/or payment of cash in lieu of raw water dedication in accordance with the terms of this Agreement; NOW, THEREFORE, in consideration of the premises and the covenants and agreements hereinafter set forth, it is agreed by and between the District and Developer as follows: ARTICLE 1 WATER SUPPLY/FACILITIES 1.1 The District shall furnish Development a customary supply of water for a total of one (1) individual Single-Family residential Tap. The District currently supplies water to Lot 12 of Black Hollow Acres through account#3780. The District shall furnish 70% of an acre foot (228,000 gallons) of water per equivalent tap per annual water year, if the allotment for Colorado-Big Thompson (CBT) project water, which is determined by the Northern Colorado Water Conservancy District is 50% or greater, North Weld County Water District will restrict the delivery as necessary when the CBT allotment is less than 50%. 1.2 The water to be furnished by the District shall be potable water, which complies with the Federal Safe Drinking Water Act and any other applicable drinking water regulations. No promise or guarantee of pressure is made by the District or is to be implied from anything contained herein. 1.3 The District shall use reasonable diligence to provide a constant and uninterrupted supply of water, except for interruptions due to: (1) Uncontrollable forces; (2) Operations or devices installed for water system protection; (3) Maintenance, repair, replacement, installation of equipment, or investigation and inspection of the water system, which interruption or reductions are temporary, and in the sole opinion of the District, if necessary. Initials c4 (2 NASubdivisions\02Pen mg Subdivisio s Un er 2 Yrs\B1acIcHollowAcresAmended-Slater\WSA(05-10-07).doc Page 1 of 7 111111111111111111111111111111111111111 1111 liii lill 3476844 05/18/2007 03:02P Weld County, CO 2 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 1.4 The District shall install, own, repair and maintain a meter vault at the individual lot within the Development in which the District shall install equipment as deemed necessary, including but not limited to meters, reading devices, flow restricters, etc. 1.5 The District estimates the water supply to have a normal pressure range of eighty (80) to one hundred twenty five (125) pounds per square inch (psi). The District will maintain an average minimum pressure of thirty five (35) psi to any tap. The maximum pressure that will be supplied to any Tap may be as great as one hundred twenty five (125) psi. Therefore, the Developer (or Lot Owner) agrees to install preventative plumbing devices to restrict and/or release the pressure. Developer and/or Lot Owner releases District from any and all liability or claims that may be made against the District concerning damage from excessive water pressure supplied to the Development, Tap or lot. ARTICLE 2 TAPS, LINES AND FEES 2.1 The District must approve, in writing, all engineering and construction plans and materials of all Water Lines within any Development or Water Lines leading to the Development. The Developer shall be responsible for payment of the total cost of the construction for Water Lines within the Development (or Water Lines that are necessary to serve the Development) that will serve the Taps. "Water Lines", means all lines which carry water to the meter vault(s) within the Development. 2.2 From the meter to the structure or lot being served with water, water will be delivered through private service lines which are installed by the Developer or Lot Owner, and for which the District has no responsibility or liability. 2.3 The District must approve engineering and construction plans of all Water Lines before construction. Once the District has approved the final Water Line construction, the District will conditionally accept the Water Lines by issuance of a conditional acceptance letter (see Exhibit "A"). Two years after conditional acceptance of the Water Lines, subject to final approval by the District, Developer shall dedicate ownership of the Water Lines to the District. The Developer may use the District's existing Water Lines to serve the individual taps, if the District determines in its sole discretion, that the Water Line may be accessed and has available capacity and pressure to serve the Development. 2.4 For all Water Lines located within the Development's roadway or utility/waterline easements, future repair of paving or other improved surfaces subsequent to the initial installation of any Water Line shall be the responsibility of the Developer, Homeowners Association, or current owner of the Right Of Way. The District will repair and backfill the trench to the surface but will not rebuild any surface improvements, including but not limited to pavement, curb and gutter, sidewalk, or landscaping other than grasses. 2.5 No water service will be provided to any water Tap within the Development until all fees, expenses and charges as determined by the District have been paid and/or raw water dedicated. The fees, charges and expenses, and/or water dedication shall be as determined and defined by the District and based upon such fees, charges and expenses, and water dedication requirements then in effect. Developer understands that the amount due for such fees, charges and expenses, and/or water dedication are subject to change or modification at the sole discretion of District. Initia 955 N:\Subdivisions\02Pending Subdivisio s Under 2 Yrs\BlackHollowAcresAmended-Slater\WSA(05-10-07).doc Page 2 of 7 I IIIIII IIIII 111111 lin IIIII 3476844 05/18/2007 03:02P Weld VIII Ih VIII IIII IIII County, CO 3 of _7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 2.6 Pursuant to this Agreement, the fees, expenses and charges for a water Tap consist of: (1) Review & Inspection Fee as provided in Paragraph 2.8; (2) Infrastructure Enhancement Fee as determined in Paragraph 2.9; (3) Plant Investment Fee as provided in Paragraph 2.10; (4) Mileage Charge pursuant to Paragraph 2.11; and (5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.12; (6) Raw Water Storage Fee as provided in Paragraph 2.12.2; and (7) Meter Fee as provided pursuant to Paragraph 2.15. Notwithstanding anything to the contrary herein, payment of all fees, expenses and charges as established pursuant to this Agreement shall be a condition precedent to the District providing water service to any Tap within the Development. Except as provided in Paragraph 6.3, if the total fees, expenses and charges are not paid, all prior fees, expenses and charges paid by the Developer for any improvements made by the Developer shall be considered as forfeited to the District as liquidated damages as accurate calculation and determination of damages would not be possible. 2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee, and Mileage Charge must be completed and fulfilled jointly before the District provides any water service. Once these fees have been paid or completed, the Developer or Lot Owner will then have one (1) year to pay for and have the meter set. Upon installation of the meter, or, after one (1) year of payment of these referenced fees whichever occurs earliest, the District shall commence billing the Developer or Lot Owner a Minimum Monthly Charge in accordance with the policies the District then in effect. The Minimum Monthly Charge shall apply whether or not any water is taken through the Tap. 2.8 The District will be expending resources for review and inspection of the Development including but not limited to engineering review, Water Line inspection, surveying, bacteriological testing, and pressure testing of the Water Line constructed for the development. The Developer will be required to reimburse the District for such gxpcnses and shall be known as the "Review and Inspection Fee". The Review and Inspection Fee shall be solely determined by the District, and for this Development said fee shall be the sum of . This payment determined to be $ of said Fee has been paid by the Developer on ___-..___. The Review and Inspection Fee, as established in this Paragraph 2.8 is non-refundable. 2.9 The District may be constructing substantial Infrastructure, including but not limited to connection to Brie i of castruStiar0. A portion of these enhancements will be attributable to the Development and an "Infrastructure Enhancement Fee" will be charged to the Developer. The Infrastructure Enhancement Fee shall be solely determined by the District, and for this Development said fee shall be the sum of$ . A portion of this payment determined to be $ - of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder $- -- of said Fee be made prior to commencement of construction of Water Lines that will serve the Development, or the issuance of any building permit, whichever occurs earliest. The Infrastructure Enhancement Fee, as established in this Paragraph 2.9 is non-refundable: Initials.) 9 SS N:\Subdivisions\02Pending Subdivisio Under 2 Yrs\BlackHollowAcresAmended-Slater\WSA(05-10-07).doe Page 3 of 7 11111II111111 IIllIIIII11111111111111111111111111��►r 3476844 05/18/2007 03:02P Weld County, CO 4 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 2.10 The Developer or Lot Owner will be responsible for making payment of the "Plant Investment Fee". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter, whichever occurs earliest. All Plant Investment Fees paid shall be in accordance with the Plant Investment Fee as established by the District and in effect at the time of the payment. No portion of the Plant Investment Fee shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County, even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Plant Investment Fee for each new Tap within the Development at the rate for Plant Investment Fees then in effect. 2.11 The Developer or Lot Owner will be responsible for making payment of the "Mileage Charge". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter, whichever occurs earliest. All Mileage Charges paid shall be in accordance with the Mileage Charge as established by the District and in effect at the time of the payment. No portion of the Mileage Charge shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County, even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Mileage Charge for each new Tap within the Development at the rate for Mileage Charge then in effect. 2.12 The "Raw Water or Cash In Lieu Fee" requirement for this Development shall be met by payment of"Cash in Lieu". The Developer or Lot Owner will be responsible for making payment of this fee. Said payment shall be made prior to the issuance of any building permit or the setting of a water meter, whichever occurs earliest. All Cash In Lieu Fees paid shall be in accordance with the Cash In Lieu Fee as established by the District and in effect at the time of payment. 2.12.1 At the sole discretion of District, the District may allow the Developer to dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for a Residential Tap being a single family residence on one (1) lot shall be the dedication of at least one (1) Unit of Colorado Big Thompson (CBT) project water per Tap, or at least one (1) share of North Poudre Irrigation Company (NPIC) stock for every four (4) residential Taps. 2.12.2 In addition to the dedication of the Raw Water, the Developer shall be responsible for a Raw Water Storage Fee as determined by District. The Raw Water Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC that is dedicated to the District. The Raw Water Storage Fee payment shall be made in conjunction with the dedication of the Raw Water. 2.13 The Developer shall provide the District with security, as deemed acceptable by District, to secure the installation and warranty of Water Lines within the Development during the two year conditional acceptance period. Said security shall cover 25% of all costs for construction of said Water Lines, which shall be released at the expiration of the two year warranty period and upon full acceptance of the Water Lines by the District. The type of security to be accepted shall be at the sole discretion of the District which will normally be a letter of credit, certificate of deposit, or bond. 2.14 During the two-year conditional acceptance period, the Developer will be responsible for any repairs or maintenance of the Development Water Lino improvements. All such repairs and/or maintenance shall be in accordance with the District policies and engineering requirements, and shall be reviewed and approved by the District prior to any repairs or maintenance being effected except in emergency situations. Initials: N:\Subdivisions\02 e ing Subdivisions nder 2 Yrs\BlackHollowAcresAmended-Slater\WSA(05-10-07).doc Page 4 of 7 I 11111111111 111111 1111 111111 1111111111r 3476844 05/18/2007 03:02P Weld County, 5 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 2.15 Prior to a meter being set and water service being provided at or for any Tap, the Developer or parcel owner shall be required to complete the District's Tap application form, pay the Meter Fee, and pay any remaining fees, expenses and charges, if any, in accordance with the policies and procedures of the District at the time of any Tap application, or any other expenses or costs that may be incurred by the District in relation to the Development. ARTICLE 3 PETITION OF INCLUSION 3.1 If determined to be necessary by District, the Developer agrees to sign and execute a standard Petition of Inclusion, Exhibit "B". ARTICLE 4 EASEMENTS AND RIGHTS-OF-WAY 4.1 As additional consideration for this Water Service Agreement, Developer agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations, widths, size of pipeline(s) and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement, and until such Easement and Right-of- Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 4.2 Additionally, any final development plat must be reviewed and approved by District as to all aspects of Easements and Rights-of-Way for water facilities, pipelines and fire facilities. All such items must be dedicated for public use and District must approve the final plat. ARTICLE 5 DUAL WATER (IRRIGATION) SYSTEM 5.1 This Agreement is for a single system water service which means that one (1) system provides water for all water usage within Black Hollow Acres Amended. Neither the Developer nor any Lot Owner will construct, install or use a secondary or alternative water system within Black Hollow Acres Amended without an amendment to this Agreement to insure proper installation, use and connection of a dual water system. For any breach of this provision, District shall have the right to discontinue water service to the entire Development until an amendment to this Agreement has been finalized by the District, Developer and/or all Lot Owners. ARTICLE 6 MISCELLANEOUS 6.1 This Agreement is conditional as the final plat of the Development has not yet been approved by Weld County. If the final plat is not approved on or before the 1st day of June, 2008, this Agreement shall be terminated and the same shall be considered null and void. 6.2 The District will reserve capacity for the Development for one year from the approval of the final plat by Weld County. If within one year from the approval of the final plat by Weld County, the waterlines to serve the Development have not been constructed and the District has not approved the final Waterline construction with an issuance of a conditional acceptance letter, this Agreement shall be terminated and the same shall be considered null and void. Initia s: c N:\Subdivisions\02Pending Subdivisions nder 2 Yrs\BlackHollowAcresAmended-Slater\WSA(05-10-07).doc Page 5 of 7 I iIiii 11111 IIIII III 11111111111 iiiii: 111111 IIIl liii 3476844 05/18/2007 03:02P Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder 6.3 Notwithstanding any language to the contrary, Developer shall be entitled to a refund of 98% of costs and expenses paid pursuant to Article 2.10, 2.11 and 2.12 if such refund is applied for within one (1) year of the payment made to the District. The 2% retention by the District shall be considered as administrative expenses. All or any portion of costs or expenses the Developer incurred pursuant to Articles 2.1, 2.8, 2.9 and 2.15 shall not be entitled to a refund of any amount. 6.4 This Agreement cannot be assigned by Developer without the express written approval of District. 6.5 This Agreement shall inure to and be binding upon the parties hereto and their heirs, executors, personal representatives, successors and assigns. Initial•: ��1� N:\Subdivisions\02Pending Subdivisions nder 2 rs\BlackHollowAcresAmended-Slater\WSA(05-10-07).doc Page 6 of 7 111111111111111111 IIII 11111111111111111 iii 11111 IIII liii 3476844 05/18/2007 03:02P Weld County, CO 7 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DEVELOPER: pc,_34.,„ s___ _s...p.„- -- v___ .. By: By: DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT By: s ..--___By. Secrets Pre en STATE OF COLORADO ) ) ss. COUNTY OF We,/,d ) The foregoing instrument was acknowledged before me this /51-12 day of vab , 20_01_, by :17 S s1,4 /Ls( ,4(. SI,4 . / , Developer. Witness my hand and official seal. \�.��` ,�millirK,,,,,,,, My commission expires: ..N........... . <,,� p In ; .. . .. 2 ', t1OTAp y `t' : „� !J PtJBL1G :• O otary Public , ,F ......... �P ///,/QP'C I®vp\`\\\� STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /c/ day of ,Ain , 20 D , by &ate AA2�dr as President and john. . .. as Secretary of North Weld County Water District. Witness my hand and official seal. `\\`�``�j1 liiin1j/1/4/ / �N D.... My commission expires: /D-l�r-Z©o,4' �,?: ..tis ' ,,,r.--** . ,r.,--, fr:$17-fd2 = (n PUB1�G ;'•p —Notary Public '%,,- . .-o�� : Initials: N:\Subdivisions\02Pending Subdivisions Under 2 YIS\BlackHollowAcresAmended-Slater\WSA(05-10-07).doc Page 7 of 7 . O WELD COUNT Y, COLORADO O .'f', DEPARTMENT OF PLANNING SERVICES 918 10TH STREET .3 GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 35401 FAX: 970-304-6498 ; ` Date: 5'/ 2001— Receipt'No. 1 IS 0 7 2 Received From: \.?( Sr V1 611r1-0.,r— Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW -F ; 1 _ ) 'J 4221-CHANGE OF ZONE j 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA ., 4221-FHDP/GHDP 4430-MAPS/POSTAGE - f 4430-COPIES i 4730-INVESTIGATION FEE 6560-RECORDING FEE a.--105101Y49 �� -) ' MISC. �Z532- . . CASH /HECK NO. IO /___._..____ TOTAL FEE I Receipted By:J I DL# Lj _Exp. l -_`"'a I I E i b r-.Y, i—a:.�� �. .-�- ..r. ..V.J4. .o c+ —�^•.-.r.Y^+.vFrrreN_wt.+.Zll,,, . WELD COUNTY, COLORADO O DEPARTMENT OF PLANNING SERVICES 918 10TH STREET x s GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540/FAX: 970-304-6498. Date: . /I 7 20 d 2 Receipt No. ' 4 y S 7 Received From: •-Jll yi Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD t` 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS °c 4221—BOA 4221—FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE es _ 0-31:7 _ / 13 6560-RECORDING FEE ("14-16./' we f-1' /../ 36. UU MISC. (/)))1-5 ..CASH OCHECK NO. TOTAL FEE • Receipted By: DL# Exp.
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