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Home My WebLink About20061410.tiff Leaf Engineering, Inc. P.O. Box 336714 820 13111 Street Greeley, CO 80631 Forrest Leaf,P.E. (970)-351-0210 Phone (970)-392-0300 Fax ionnest lea ía qwest.net May 23, 2006 Ken Lind, Esq. Lind, Lawrence & Ottenhoff 1011 Eleventh Avenue Greeley, CO 80631 Re: Torgerson P.U.D. Drainage Review: Job No. 10234 Dear Ken: I have completed my preliminary review of the May 10, 2006 drainage plan for the proposed Torgerson P.U.D. prepared by QED Associates. Below are my comments. The proposed P.U.D. consists of 47.5 acre, 9 lot minor subdivision. The 9 lots will be developed on a 77 acre parcel located generally in the SE1/4 of Section 32, 8N, 66W. The entire parcel was divided into five sub-basins within the 77 acre parcel and two off-site sub-basins. All sub-basins were delineated based on the area topography of the existing site with consideration of future sub-basins that will be created after the construction of the cul-de-sac. The rational method was used to estimate the 100 year and 5 year pre and post development storm water runoff peak discharges and generated runoff volumes. Rainfall intensity was estimated using intensity-duration-frequency (IDF) curves developed for the City of Greeley. Soil conditions, percent impervious areas and vegetation for both pre- and post- development conditions were estimated using the USDA soil reports. The use of the rational method is an acceptable method to estimate peak discharge and generated runoff volumes for a parcel of this size. The one hour precipitation depths for both the 5 year and 100 year events, developed from the IDF curves are reasonable. In addition, the initial soil and site conditions assumed for both the pre and post development conditions are reasonable. The pre- and post- development generated storm water runoff, estimated by QED, are reasonable. All future post-development discharges are into the Pierce Lateral (Lateral). However, below are items that QED did not address. Water Rights • Hydrology • Hydraulics • Water Quality F-ALealAPierce LateralALind Torgerson Drainage Review ItrI 06 05 023.doe EXHIBIT 1. There is no detention pond proposed to manage storm water from sub-basin D (Lots 6, 7 and 8). QED states that water from this sub-basin is overland flow and that the post- development peak discharge of 18.8 c.f.s. is 10 percent greater than the pre-development peak discharge of 17.1 c.f.s.. At a minimum, the Lateral Company should require only that only historical or pre-development peak discharges should be discharged into the lateral. It would not be unreasonable for the Lateral to require that the same 5 year peak discharge management from sub-basin D as is proposed by QED for the other sub- basins. 2. Both the proposed north and south detention ponds are designed to capture the 100 year storm water runoff and only allow discharge to the Lateral at the 5 year pre-development peak discharge rates. However, the proposed design shows the terminus of the detention pond discharge is at the Lateral's western easement. There is no design consideration for the conveyance of the released storm water from this terminus into the Lateral. It appears that the pre-development storm water flows may have entered the Lateral at numerous places along the eastern property line of the 77 acre parcel. The QED design provides catchments that will effectively concentrate all future post-development storm water runoff to either the north or south detention ponds for discharge into the Lateral. This concentration of storm water runoff, even at 5.7 c.f.s. and 2.7 c.f.s. release rates from the north and south detention ponds respectively, will likely result in erosion over the lateral ingress and egress easement and sediment deposition into the Lateral. In addition,these releases will result in increased maintenance for the Lateral in order to maintain the ditch easement for access and to clean any accumulated sediments. In conclusion, the applicant should be required to design and construct a detention pond to effectively manage and convey all generate storm waters in sub-basin consistent with the same design criterion used for the north and south proposed detention ponds. In addition,the applicant should be required to re-design the outlet structures of all three detention ponds to effectively convey storm water to the Lateral via suitable culverts and ditch erosion control. Finally,the design of these outlet discharge structures must be approved by the Lateral prior to being constructed. Sincerely, Leaf Engineering, Inc. Do.y SrS M Imxl Forrest 115,0•Lao ll�.d,g.lrc. Leaf Forrest Leaf, P.E. Water Rights • Hydrology • Hydraulics • Water Quality E:\teat\Pierce Lateral\Lind Torgerson Drainage Review Itrl 06 05 023.doc 2 MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, May 11, 2006 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th Street, Greeley, Colorado. Members Present: Don Possalt, Doug Melby, Don Somer, Jerry Adams, Also Present: Kim Ogle, Joe Wright EXHIBIT II , NSre. fr• CASE NUMBER: PF-1066 C APPLICANT: Mikal Torgerson PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot B of RE-2681; Pt of the SE4 of Section 32, T8N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A(Agriculture)to PUD for 9 lots with E(Estate)Zone Uses along with 28.4 acres of open space. LOCATION: North of and adjacent to CR 86; 1/4 mile west of CR 29. Kim Ogle, Department of Planning Services presented PF-1066. This case was continued from the previous meeting due to the adequacy of a water agreement. Mr. Torgerson does not have a signed contract. He has submitted documentation showing a contract for water however the application is somewhat suspect based on the type of information that North Weld County Water District asked for. Mr. Torgerson met with Mr. Lee Morrison, County Attorney, to submit documentation that he has adequacy of water. Mr. Morrison has signed off on this letter and staff is requiring Mr. Torgerson to provide the Department of Planning Services with a signed contract prior to recording the plat. This was referred back to the Board of County Commissioners due to the type of development so he was allowed not to purchase taps at the time. Don Posselt added there are no signed documents at their office. They are not sure of how this project has come about. The applicant still owes money for the review of plans to further the contract process. There is not a water service agreement in place. Jerry Adams asked if this case will be presented to the Utility Board again. Mr. Ogle indicated it would not since the staff is asking for this additional condition. The final plat recording will be conditioned to state that once the Board of County Commissioners approves this, a signed contract and contractual water service agreement will need to be submitted to the Department of Planning Services. This will be referred back to North Weld County Water District to verify and has met the obligations. Jerry Adams clarified that staff is asking for approval based on those conditions. Mr. Ogle indicated staff would like the approval of the easement layout of the utility plan with the understanding that the applicant will need to submit the additional information. There was no motion to approve based on this. The board would like to see this case again once the information has been completed. Mr. Ogle stated this will be after the Board of County Commissioners which has not been scheduled. Mr. Ogle suggested this be brought back before the Utility Board on June 8, 2006. CASE NUMBER: PF-1074 APPLICANT: Frank Wright PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot B of RE-2681; Pt of the SE4 of Section 32, T8N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Final Plat for a nine (9) Lot Planned Unit Development with E (Estate) Uses. (Highview Ranch PUD). LOCATION: North of and adjacent to CR 86; 1/4 mile west of CR 29. Kim Ogle, Department of Planning Services presented Case PF-1074. Services are provided by Left Hand Water District, Septic, United Power and Mountain View Fire District. There is a single point of ingress and egress. This intersection comes to a T exchange with each end going into a cul-de-sac. The utility plans of record have adequate easements around the lots with the exception of Lot 1 in the NWC of the site. There is no easement along the west property line off of Highview Drive. It has been clarified that there is extra width on the side easement of 30 feet but not on both sides. Jerry Adams added the typical perimeter easements are 20 foot and there are some with additional while some only indicate 15 feet. Those that do not meet that 20 feet are Lots 1,2, on western boundary, Tract A along the north edge, Tract B, Lot 4, 5. Mr. Wright, applicant, indicated he is willing to amend those. Jerry Adams asked the board for their opinion on the additional easement located in the NWC of the site or would the provided 30 feet be adequate. The board had not concerns with this and indicated they would be in agreement with the provided 30 feet. Don Possalt moved to approved with the recommended changes. Don Sommer seconded. Motion passed. Respectfully submitted, Voneen Macklin Secretary MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, April 27, 2006 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th Street, Greeley, Colorado. Members Present: Don Posselt, Doug Melby, Ted Eyl, Robert Fleck, Jerry Adams, Don Magnuson Also Present: Jacqueline Hatch, Kim Ogle, Brad Mueller The following cases will be heard: CASE NUMBER: MF-1069 APPLICANT: David & Susanne Schwind PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot A of RE-2651; being part NW4 of Section 4, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Minor Subdivision Final plat for 4 residential lots, The Highlands, with Estate Zoning. LOCATION: East of and adjacent to CR 5; south of and adjacent to CR 38. Jacqueline Hatch, Department of Planning Services presented case MF-1069. This case was originally heard on March 23, 2006. The recommendation was to have the easements outside of the right-of-way along the main entrance. Mr. Schwind has asked the easement be located in the right-of-way. David Schwind added he has met with a county engineer, Mr. Schei, and asked about utility easement located in Highlands Court. The road is dedicated to county but is privately maintained. There is a 60 foot right-of-way with a 26 foot gravel surface. On either side there is a 17 foot barrow pit/open space. He would like to have the board reconsider the easement to be located in the open area. It would be located inside the right-of-way but outside the gravel area. This will never be developed into a road. The problem is the right-of-way outside of the road easement encumbers the lots more. The intent is to landscape along the fences in the lots. Mr. Schwind indicated Mr. Schei and Mr. Hein indicated that would be fine. Don Summer indicated Mr. Schwind should speak with Mr. Barker since this is dedicated to the public the utility companies have the right to put the utilities in the 60 right-of-way. If there is an easement it is a conflict. An easement on top or right-of-way will not work. Mr. Schwind stated there is an easement in the right-of-way. Mr. Sommer stated there is a right to put the utilities there. There is no easement. The easement is to protect the utility companies. Those companies do not want to be in right-of-way, they do not like to move the lines at the companies cost. Mr. Schwind stated he looked at this from a practicality standpoint. The chance of this being anything more than private driveway is very little. The utilities will be buried and out of the way. Mr. Sommer stated the county can ask for easements out of the right-of- way. Utility companies prefer to have the easements. Those companies do not like to tear up landscaping and will bore the lines if they have to adverse to paying to replace it. Mr. Schwind stated it would be easier if they were in the open space for construction and maintenance purposes. Mr. Barker would be the one to have the final say. Jerry Adams asked if there was a setback requirement. Ms. Hatch stated there are building envelopes on the plat of about 20 feet. The easements are in the setback area. Mr. Adams added that if the easement was separate it would still be in the setback so there would not be any encumbrances. There can still be a fence places on the property lines. The utility companies would rather not have to use the open space but have an easement. Jerry Adams indicated he would still prefer to have a 15 foot utility easement outside of road right-of-way. Ms. Hatch stated utility easements on each side of lot lines and other easements were asked for and agreed upon. The applicant had concerns with the road right-of-way and easement. Mr. Schwind indicated he thought it made more sense to have it in an area that was already open. Mr. Adams added that the utility companies are not required to use the easement. EXHIB'' I CL 59--159'a t5cta Don Possalt indicated they would put it in the open space/barrow pit since they are deep enough. They do not want to move the lines. At some time the future owners may petition to have it maintained by the county. Don Sommer moved approve this case with the 15 foot easement on the outside of the right-of-way. Robert Fleck seconded. Motion carried. APPLICANT: Tammi Norcutt and Ricky Lauridsen CASE#: 2ndRS-1073 REQUEST: Resubdivision for the Vacation of Road, Street or Alley Right of Way. Vacate the northern portion of Deere Road in Petersburg Minor Subdivision. LEGAL: Deere Road located within Petersburg Minor Subdivision Pt.Section 9,Ti N, R68W of the 6th P.M., Weld County, CO LOCATION: North of CR 10; and approximately% mile west of CR 7. Jacqueline Hatch, Department of Planning Services, presented case 2nd RS-1073. This is a vacation of the northern portion of Deere Road. Lots 1 &2 were changed in a previous amendment but the utility easements were not. The easements are currently located along the old lot lines. In addition to vacating the road the utilities need to reflect the new lot lines. Department of Planning Services would like to have the easements in compliance with the Weld County Code. This outlines the fact they easement shall follow the interior lot lines and out lots. Jerry Adams asked for clarification on the easements being requested. Department of Planning Services is recommending the easements be shown on the plat in compliance with the Weld County Code. Mr. Adams indicated the plat does not delineate a 20 foot perimeter easements on lot one nor the 10 foot side lot lines for the portion between Lots one and two. The lot line between the two lots follows the ditch. There is currently no right of way called out for the ditch. They need to know if there is existing right-of- way. Ms. Hatch stated that all previous plats do not call out a right of way it has been just called out as a center line of a community ditch. Mr. Sommer stated it was prescriptive rights and there is no easement. Don Magnuson stated he would like the width identified. The utility easements will need to be identified outside of the ditch right of way. This will assist in the possible impact on the ditch. Jerry Adams indicated there needs to be a definition of the existing ditch easement width, 10 foot one each side of the lot lines and a 20 foot perimeter utility on west edge of lot one. Don Sommer moved to approve. Ted Eyl seconded. Motion carried. CASE NUMBER: PZ-1066 APPLICANT: Mikal Torgerson PLANNER: Kim Ogle LEGAL DESCRIPTION: Lot B of RE-2681; Pt of the SE4 of Section 32, T8N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Change of Zone from A (Agriculture)to PUD for 9 lots with E (Estate) Zone Uses along with 28.4 acres of open space. LOCATION: North of and adjacent to CR 86; 1/4 mile west of CR 29. Kim Ogle, Department of Planning Services, presented case PZ-1066. The utilities are North Weld Water District and they are on septic systems. Department of Planning Services has noted there is no easement around the eastern most property lines of lots 5-9 and is asking for that to be addressed. Jerry Adams stated that the perimeter to this is the open space, Tract A. Mr. Ogle stated there is open space in different locations on the plat including the rear. Mr. Adams indicated the plat has the perimeter easement. There is a 20 foot perimeter easement around the interior lots. Mr. Adams added there is no 20 foot easement that goes around the entire parcel; it is on the back of the lots. This makes the utilities in the subdivision land locked and not able to connect to adjacent future sites. Mr. Ogle stated adding that easement would be recommended. Ted Eyl, Public Works agrees. There is also a concern with the common open space and that it might be difficult to get utilities across. Mr. Eyl suggests adding a note on the plat suggesting it would be allowable 2 • to cross the open space. Don Possalt asked if there are signed agreements with the school district and other entities. He has not recollection of an agreement with North Weld County Water District. Mr. Ogle stated they could not proceed from the change of zone to final unless there were agreements in place. Mr. Ogle suggested this could be continued until the next meeting to obtain a copy of the agreement. Mr. Possalt indicated there was no agreement. Mr. Ogle suggests continuing for two weeks to allow for time to obtain the document. The board agreed to continue the case to May 11, 2006. CASE NUMBER: MF-1081 APPLICANT: Walter Huang PLANNER: Brad Mueller LEGAL DESCRIPTION: N2NW4 of Section 16, T8N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: Final Plat for nine (9) residential lots in the (E) Estate Zone District. LOCATION: East of and adjacent to CR 29, south of and adjacent to vacated CR 94. Brad Mueller, Department of Planning Services presented case MF-1081. The easements include a 20 foot easement on the back of the lots, a 15 foot front easement except in the cul-de-sac where there is a 25 feet easement with the 10 foot easement on each side of the property lines. There is also a 40 foot access easement between lots 4 & 5 that leads to out lot B. out lot B is for the flood zone areas and beyond. Jerry Adams stated that out lot B needs to have notation calling it out as drainage/utility easement or is it open space. Mr. Mueller stated it will be subject to the flood zones. Staff is still in the referral time frame so they do not have all the comments. There is a note it would be owned and maintained by the HOA. Staff has received documents that address this and those are being reviewed by the attorney. Mr. Adams asked if there was any reason for the lack of a 20 perimeter easement around outlots B. Mr. Mueller added the flood zone is pronounced in those area and that may be the reason. Tomm Hann, representative for the applicant, added they have no issue with placing an easement on the perimeter since that is a non buildable parcel. If there is a need to have an easement that extends to the perimeter of the property the applicant would be acceptable to this. There has been some conversation with North Weld County and the talk was to extend across the open space to the north property line easement. This will be done prior to recording the final plat. It will be determined whether to be exclusive or a general easement and this would be the only diagonal easement across the open space. At the northwest corner of site there was former road right-of-way and that was vacated but the neighbor to the north has their driveway on this, the applicant has opted to give then an easement. Don Sommer stated that if an exclusive easement was used they would not be able to come up the driveway with utilities. Mr. Hann indicated there are adjacent utilities. Ted Eyl, Public Works, asked to get the recording number for that easement on the plat. Doug Melby, asked for clarification on Note 6 requiring % inch service. Mr. Hann indicated it may have come from referral comments of North Weld County Water District. Brent Bolleck, Shear engineering, the line that is the 1/2 inch is at the residence and this is for fire suppression, sprinkler systems. Mr. Possalt stated the % inch does not make sense. Mr. Bolleck stated it was the line into the residence. Mr. Possalt indicated that was not a requirement from them. The line will be larger; the note is a typographical error that will be corrected. The note will read 1 %3 inch. Jerry Adams summarized the requests for addition to the case. They are as follows: a 20 foot perimeter easement to outlot B which would be the south, east and north portion, 10 foot side lot line easement on the west edge of outlot B, a note on final plat calling out the recording number for the driveway easement and clarification of note 6 on the master utility plan. 3 Don Magnuson moved to approve. Robert Fleck seconded. Motion approved. Respectfully submitted, Voneen Macklin Secretary .- 4 v t; gi.:4 ...,:'' -.;±-3315-:- E 0 ,...ii iii..,..:. 0 4 „:„.._ _. . . ...,.... .... ..,_ . .. .., ... .. . , ., . . . , {f{( . 4. :::_,,,:,,_:1:i 0 O9 1' ]. 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DVtD+R pia .®omo an i ars�w f i O 0ats g oe tenant 1I e' n I Q r jo .tkd^Pc .,� ' ,4 o' 44 �< t.< n "`fry.,, Single Sided a m < t Ftoloy4;rind Do n Page 1 of 1 Esther Gesick From: Kim Ogle Sent: Wednesday, June 07, 2006 8:06 AM To: Esther Gesick; Jennifer Luna Subject: FW: Pedestrian/equestrian trail Please add to case file, PF-1066 From: Mikal Torgerson [mailto:mikal@architex.com] Sent: Tuesday, June 06, 2006 10:31 AM To: Kim Ogle Subject: Pedestrian/ equestrian trail Kim, As you know, I originally proposed a pedestrian/equestrian trail around the periphery of the Torgerson PUD. Because of this, a condition of approval on the Change of Zone resolution requires that I provide a detail of this path. It turns out that the path is problematic from the Department of Public Works perspective, and the Pierce Lateral Ditch Company. Both of these entities have asked me to remove this path from our plans. As I mentioned in the last hearing before the County Commissioners, I have removed this from the plans. I wanted to make sure however that I request a variance from complying with this Change of Zone condition since it is no longer applicable. Mikal = EXHIBIT Jr PF #jaab 6/7/2006 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS MAY 31, 2006 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, KIM OGLE, 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 A PLANNED UNIT DEVELOPMENT FINAL PLAN FOR NINE (9) RESIDENTIAL LOTS WITH ESTATE ZONE USES AND 28.4 ACRES OF OPEN SPACE TO BE IDENTIFIED AS TORGERSON PUD. KIM OGLE Name of Person Posting Sign Signat e of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD ) ( UAL The foregoing instrument was subscribed and sworn to me this J 4 day of C. UAL , 2006. WITNESS my hand and official seal. tor. Notary ublic BILLIE J. MOORE NOTARY PUBLIC My Commission Expires: k /01-40(0 STATE OF COLORADO %t c c • w y tst i\ 't g,,-y4 fr Y ni �` FM ty N 4cf...f,l i m „...p::::`L" . 4 .+v₹3 C P tl • ,, e k�j it '$I 44 S �4. £. 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' "s�, • sa„' ";fi=t -4444ye.ao k ,�t.�",,A.... " .. : „.... .. t u�.a", �+t*'ty,, x.,- ,F" ,. ; :t'a a".� t1 b-ate... - y 1 f- Kit MEMORANDUM TO: Kim Ogle, Dept. of Planning Services DATE: June 12, 2006 FROM: Drew Scheltinga, P. E., Public Works Department COLORADO SUBJECT: PF-1066 Torgerson PUD (Final Plat) The Weld County Public Works Department has reviewed additional materials submitted subsequent to the Board of Weld County Commissioners hearing on May 24, 2006. The final plat, construction plans, drainage report and improvements agreements have all been revised to meet the requirements of previous Public Works memorandums, with two exceptions. An agreement between the applicant and the Pierce Lateral has not been completed at this time. Kent Bruxvoort, the applicant's engineer, has informed me that an agreement has been reached and is being executed. The change of zone resolution required a construction detail of the proposed 25' pedestrian/equestrian trail. Mikal Torgerson sent and email on June 8, 2006 requesting a variance from the resolution and to eliminate the trail. Public Works has no objection. I recommend approval of the final plat subject to the condition the applicant reach an agreement with the Pierce Lateral. This condition is covered resolution items under section 1 E on page 5. PC: PF-1066 Torgerson PUD Email & Original: Kim Ogle, Dept. of Planning Services Email Applicant: Mikal Torgerson Email Engineer: Kent Bruxvoort, P. E., QED Associates Page 1 of 1 EXHIBIT C:\Documents and Settings\kogletocal Settings\Temporary Internet Files\OLK128\Final Plat Review 06-12-06.DOC Pc*�r 0 , i AGREEMENT TO ALLOW DISCHARGE OF DRAINAGE WATER INTO THE PIERCE LATERAL THIS AGREEMENT is entered this day of June, 2006, by and between The Pierce Lateral Company, a Colorado Non-profit Corporation ("Company"), whose address is 20378 WCR 86, Ault, CO 80610, and Pueblo Ice House, LLC, a Colorado Limited Liability Company ("Owner"), whose address is P.O. Box 158, Timnath, Colorado 80547. WITNESSETH WHEREAS, the Company owns, has an easement for or otherwise has the right of use of a ditch flowing in a generally South to North direction in the Southeast One Quarter (SE'/) of Section Thirty-two (32), Township Eight (8) North, Range Sixty-six (66) West of the 6th P.M., Weld County, Colorado, which ditch is known as The Pierce Lateral and is located east of the property of Owner; and WHEREAS, Owner is developing real property in the said Southeast Quarter (SE%) of Section Thirty-two (32) which development is commonly known as the Torgerson Planned Unit Development ("PUD"); and WHEREAS, Owner desires to discharge storm water runoff from the PUD into the Company's ditch; NOW, THEREFORE, in consideration of the execution of this Agreement and in consideration of the covenants contained herein and other valuable consideration, the parties mutually agree as follows: 1. The above recitals are incorporated herein by reference. 2. The Company grants to Owner the non-exclusive right to discharge storm water runoff accumulations from Development basins A through E, and to pass through off-site basin runoff into the Pierce Lateral ditch. The Development basins are identified on Exhibit "1" attached hereto and incorporated hereby reference. 3. The lands to be drained, the location and size of detention ponds, the location of the drains and their point of discharge into the Pierce Lateral are as shown on Exhibit "1". The detention ponds have been designed by professional engineers to detain the 100 year return frequency flood from Development runoff, and in all respects conform to County of Weld zoning and building requirements. The discharge pipes from the two detention ponds collectively shall be such that they cannot discharge collectively more than the 5-year historic runoff from the Development basins during the 100-year MEW CVDOCUME—I vMIKALT-1 ALOCALS—I%TEMPITORGERSON AGREEMENT-I doc #lobb storm, i.e. 10.6 cubic feet per second (c.f.s.) of Development storm water into the Pierce Lateral. 4. The discharge pipes as shown on said Exhibit "1" shall be maintained in a permanent open position to allow the discharge of 10.6 c.f.s. of water as shown by the plans and in addition shall have a screw type gate which shall be chained and locked under the authority of Company such that Company can open the discharge pipe to allow a greater flow in either volume or velocity over and above the designed historic 5- year storm water runoff peak discharge. 5. The detention ponds, discharge pipes, rip-rap and all other structures shown on the Exhibit "1" plans ("Improvements"), shall be constructed by Owner at its own expense and on property owned by Owner or as permitted by other property owners. 6. At least fifteen days before construction of any of the Improvements, or any maintenance or repair of the Improvements, Owner will submit to Company legible plans and specifications, and Owner must obtain Company's written approval of such plans and specifications and any contemplated work prior to the commencement of construction of any maintenance and repair. Owner shall reimburse the Company for reasonable time spent by officers, employees or representatives of their Company and their supervision or review of the work. Further should the Company retain an engineer and/or attorney to assist it in reviewing plans or supervising the work, Owner shall reimburse the Company for all such reasonable expense. Company shall not unreasonably withhold its written approval for construction, maintenance and repair. Furthermore, such review and approval of any plans and specifications does not constitute an engineering approval or review and does not affect, release or limit Owner from any obligation, responsibility or liability recited or contemplated in or by this Agreement. Company shall be allowed to inspect the construction, maintenance or repair of the Improvements. In the event that the drainage water causes erosion or other problems in the Pierce Lateral ditch, the Owner, at his expense, shall promptly take such steps to cure such erosion or other problems as are reasonably required by the Company. 7. The Company has no control over the route that the water will follow or take once it leaves the detention ponds and travels generally in an Easterly direction to the point of inflow into the ditch. This property is owned by a person or entity not a party to this Agreement. Any methodology, structures or any requirements whatsoever relative to the transportation of the water from the detention ponds to the point of inflow into the Pierce Lateral ditch are the responsibility of Owner and others. 8. The Improvements shall be constructed, maintained and repaired by Owner at its expense, however, in the event any sum is expended by the Company for emergency repair or maintenance of the Improvements, Owner shall reimburse the C:\DOCUME-I\M1KALT-1\LOCALS-I\TEMP\TORGERSON AGREEMENT-I.doc Company for such reasonable expense. In the event Company finds it necessary to make emergency repairs to the Improvements, the Company shall be without liability for damage except as to such damage as may be caused by gross negligence or wanton and wilful misconduct of the Company. Determination of whether repair or maintenance is necessary and whether an emergency exists shall be in the sole discretion of the Company. 9. Construction, installation, maintenance and repair of the Improvements shall be without disturbance to the normal operation of the Company's ditch unless permission in writing is first received by the Company for such disturbance. Owner expressly agrees that it shall be liable to the Company and its shareholders for any damages caused by Owner's unauthorized disturbance or damage to the ditch. Original construction work shall be completed no later than March 1, 2007 unless the Company agrees otherwise in writing and any work, except for emergency situations, whether for original construction, or maintenance and repair, must be accomplished during the non- irrigation season. 10. The entire inflow and detention system shown on Exhibit "1" shall be completed prior to any Certificate of Occupancy being issued for any residence or for other improvements requiring the issuance of a Certificate of Occupancy to be constructed upon the PUD. 11. As contemplated by this Agreement, any water to drain from the detention ponds from the Owner's Property into the Company's ditch shall at all times be suitable for agricultural use, including the watering of livestock, be non-hazardous to humans, be non-malodorous, and be otherwise suitable for its historic uses, and such water shall meet the then current local, state and federal water quality standards for point source discharges. 12. Owner, its successors and assigns, shall forever hold harmless the Company and its officers and directors from liability for damage to the Company's shareholders or third parties resulting from Owner's failure to meet the water quality standards stated above. Further, the Owner agrees that in the event any shareholder of the Company or a third party brings suit against the Company, its Board of Directors and/or officers, on account of the quality of water discharged into the ditch pursuant to this Agreement, the Owner and it successors and assigns will indemnify the Company and its directors and officers for the cost of defense of said suit and for any claim for damages to such shareholder or third party. In the event that the water quality standards recited in this paragraph are violated, the Company (at its election) may terminate this Agreement and, at Owner's expense, remove or plug the discharge pipe so that no water can be discharged into the Company's ditch and/or the Company may seek other remedies as may be appropriate. 13. Prior to the issuance of any Certificate of Occupancy as above-described, the homeowner's association for the PUD shall be formed and evidence of its formation C:\DOCUME—l\MIKALT-1\LOCALS—I\TEMP\TORGERSON AGREEMENT-I.doc shall be provided to the Company by way of a copy of the fully executed copies of all documents relating to such formation, the homeowner's association shall then become a party to this Agreement by executing it. Attached hereto as Exhibit "2" and incorporated herein by reference is the signature page for the association to be used for this purpose. Upon formation of the homeowner's association, the properly completed and executed signature page shall be recorded and the Company shall receive a duplicate original recorded last page. 14. The homeowner's association will assume the duties and obligations of Owner and will itself be bound to perform the duties and obligations of Owner under this Agreement. In the event that the homeowner's association ceases to exist or function, or dissolves in bankruptcy, the lot owners within the PUD, jointly and severally, shall assume the duties and obligations of the homeowner's association. 15. This Agreement is perpetual and unless and until it is terminated or revoked by the Company pursuant to terms and provisions recited in this Agreement. Failure by the Company to enforce any or all provisions of this Agreement at any time does not, and shall not, operate as a waiver or estoppel. 16. The Company shall have full power to access, operate, maintain, enlarge, lease or otherwise clean and manage its ditch and appurtenances as if this Agreement had not been made, and any expense or damages caused thereby to Owner or the Improvements shall not be chargeable to the Company. In the event, however, that any such action on the part of the Company could reasonably be expected to affect the Improvements, the Company agrees to give prior notice to Owner and to cooperate with Owner to a reasonable extent, to avoid damage to those Improvements. As additional consideration for this Agreement, Owner shall pay to Company the sum of Two Thousand Dollars ($2,000.00) upon execution of this Agreement. Additionally, all costs of engineering and legal review and analysis of all plans, the PUD application and preparation and review of this Agreement shall be paid by Owner within ten (10) days of the submission thereof by Company. 17. This Agreement and all of its terms and conditions shall be binding upon and extend to the successors and assigns of each of the parties. This Agreement shall run with the land herein referred to as the PUD. 18. Any notice required or permitted hereunder shall be deemed effective when deposited in the U.S. Mail, first class postage prepaid, to the parties at the following addresses: To the Company: The Pierce Lateral Company, 20378 WCR 86 Ault, CO 80610 C:\DOCUME-I\MIKALT-I LOCALS-I\TEMRTORGERSON AGREEMENT-I.doc To the Owner: Pueblo Ice House, LLC, a Colorado Limited Liability Company ("Owner") P.O. Box 158 Timnath, Colorado 80547 IN WITNESS WHEREOF, the Company and the Owner have executed this Agreement on the day and year first above written. COMPANY: OWNER: C:\DOCUME—I\MIKALT—I\LOCALS-1\TEMP\TORGERSON AGREEMENT-I doc File contains oversized map Please see original file Hello