HomeMy WebLinkAbout20020705.tiff :TekNotions Corp. FAX NO. :303-651-3829 - NI. 09 2002 10:20AM P2/2
JAN-09-2002 WED 07:38 AM PAN CANADIAN ENERGY PAR NO. 30385(1259 P. 02
aPanCanadian
energy
January 07, 2002
David Daglish
6025 Foxhill Drive.
Longmont, Colorado 80501
Re: Summit at Mountain View Project
T1N-R68W Section 5: portion of NE/4
David,
This letter is to confirm that PanCanadian Energy Resources Inc., successor by
amalgamation to North American Resources Company is aware of and has been
notified of the impending development for the above described lands, as
demonstrated by various correspondence and telephone conversations we have had
with yourself and Jack Myers. PanCanadian waives the thirty (30) day notice as
required by the County of Weld, State of Colorado.
As you are aware, PanCanadian is wiling to work with you in regards to access
roads, pipeline locations, as well as the re-location of the tank battery for the well
presently located on the lands. Should any movement of the existing facility be deem
to be necessary we trust that PanCanadian and yourself will be able to reach a
mutually satisfactory agreement, which will insure the rights of both parties to fully
develop the mineral and the surface estate of the land.
We are looking forward to seeing your first draft of the plats for the proposed
subdivision. Should you have any questions or need any further information please
feel free to call me at any time.
Sincerely,
PANCANADIAN ENERGY RESOURCES INC.
Dale Hayhurst J
Consulting Landman
PanCanadlan Energy Resources Inc.
1700 Broadway.Suite 2000,Denver,Colorado, Li S.A. 80290 Tel(303)861.9183 Fax(303)839-3050 2002-0705
FAX NO. :303-651-3829 Feb. 25 2002 09:25PM P6/5
FROM .:TekNotions Corp.
Dear Dave,
2-1-02
In May 2001 I invited Carmacar residents to meet here with Drew Scheltinga, a
representative from the Public Works Department in Greeley to discuss the possibility of
paving our streets. He came with estimated costs of$308,000 and options of payment.
About thirty residents came and I felt like from the interest shown it would be worth the
effort to pursue the project.
Following the meeting I drafted a letter, dated 6-6-01,and recruited and organized six
people, from different parts of the sub-division, to help me go door to door to see if we
could get enough signatures. The Commissioners, according to Drew, would want 70-
80% signing this letter before they would direct their staff to create an improvement
district for the purpose of paving the streets of Carmacar- If we had enough interest the
County would develop a Petition that would also be hand delivered to each resident, and
at least 50% of us would have to sign it in order to get it on the November ballot.
Well, we were not successful. Out of the 60 some residents in the sub-division, we got 21
signatures. The big message we got was that a large majority of the people here want the
dirt streets, and if they had wanted paved streets they would have bought in town.
Carmacar is zoned agricultural and this is the way we like it. Needless to say that ended
the mission.
Following this we were able to get parts of the area treated with calcium chloride to help
abate the dust situation. That helped considerably,and seemed to please everyone
involved. My guess is, if we have to do the dust abatement again this next summer we
will have a larger number of people participating. I honestly don't think we'll ever get a
majority to pave.
I don't know what you're planning for the new sub-division, but since it will he directly
connected to Carmacar I hope you will be allowed to stay with the norm, and put in some
nice gravel roads. I know, because of your involvement in treating the roads last summer,
you will do your pan in helping us keep them treated to keep the dust down.
Sincerely,
Larry Leatherman
5616 Fir Ave.
Erie,Co. 80516
JAN-29-2002 TUE 10:20 AM WELD CO GOVT FAX NO. 9703520242
P. 16
q! COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
Tills AGREEMENT, made and entered into this 2nd day of February,2000, by and between
the COUNTY of WELD, STATE OF COLORADO, hereinafter called "County- and Karen L. Lihin
(Peaks at Mountain View PUD), hereinafter called `Ubin,"and
WHEREAS, Libin has been granted a Weld County Planned Unit Development,known as the
Peaks at Mountain View PUP ("PUD"), for five residential lots on 40 acres, in Section 5,Township
North of Range 68 West of the 6th PM.
WHEREAS, the PUD generates an increase in vehicle traffic, and
WHEREAS, the existing County roads that serve the PUD will require increased maintenance
and improvement due to the increase in vehicle traffic,and
WHEREAS, the County and Libin have reviewed maintenance and improvements proposals put
forth by Lihin, and both part.ics agree that such maintenance and improvements will enhance the
accessibility and safety of the roads that serve said PUD.
NOW,THEREFORE, In consideration of the mutual covenants and conditions hereinafter set
forth, the County arid Lihin agree as follows:
Access to the proposed five-lot PUI]/Estates, The Peaks at Mountain View, will he
through Carmacar Ranchettes Subdivision on unpaved gravel roadways.
2. Improvement and maintenance for construction access from WCR 5, all of Mountain
View Street, and a portion of Fir Avenue to Peak Lane. Libin shall specify,request,and
mandate all ingress and egress by tonstruction contractors,suppliers,service providers,
and such other traffic generating entities incidental to the initial construction of building
structures,improvements,etc. it. those activities taking place previous to receipt of the
initial Certificate of Occupancy for a residence on each lot
A. The County shall be responsible for general maintenance,including grading and
snow removal.
B. The County shall prep and grade said roads prior to the applicant applying dust
suppression chemicals,
C. Libin shall apply dust suppression chemicals on said roads, as needed, as
determined by the Department of Public Works, no less than twice a calendar
year for a minimum of three years. The purpose of this provision is to insure that
dust suppression shall be placed prior to and throughout the course and duration
of construction of common improvements and residences within the PUU_ The
parties agree that this requirement may he reviewed and suspended by the
County without amending this agreement if the Board of County commissioners
determines that the level of current and anticipated construction activity
attributable to the PUD is minimal and will not cause dust impacts over and
above those caused by residential traffic but in nu instance shall the obligation
to apply dust suppressant extend for more than five years including any period
of suspension.
IHM 1111$SUM 1111 MN ICI 11111 IIII IIII
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JAN-29-2002 TUE 10:20 AM WELD CO rOVT FAX NO, 97035209^2 P. 17
3. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action
relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of actions
whatsoever by any other person not. included in this Agreement. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary only.
4. Indemnification: To the extent authorized by law, Lihin agrees to indemnify, save,
defend, and hold harmless County from any and all liability incurred as a result of
acts,omissions,or failures to act by Libin in her performance of the duties set forth in this
Agreement on those portions of said roads described in this Agreement. The term
liability includes, but is not limited to, any and all claims, damages. and court awards.
including costs,expenses,and attorneys'fees,incurred as a result of any act or omission
by Libin and its employees.
5. Modifications and Breach: This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes arty other
agreements concerning the subject matter of this transaction, whether oral or written.
No modifications, amendment, novation, renewal, or other alteration of or to this
Agreement shall be deemed valid or any force or effect whatsoever,unless mutually agreed
upon in writing by the undersigned parties. No breach of any term, provision,or clause
of this Agreement shall be deemed, waived, or excused, unless such waiver or consent
shall he in writing or signed by the party claimed to have waived or consented. Any
consent by any party hereto,or waiver of,a breach by any other party,whether expressed
or implied, shall not constitute a consent to, waiver of, or excuse for any different or
subsequent breach.
G. Non-Assignment: This Agreement shall not be assignable without prior written consent
of County or Libin, whichever is the non-assigning party.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement the day and year
first above writ en,
ATTEST; I eon onisti
Ar ! . as, BOARD OF COUNTY COMMISSIONERS
Vie "i
Weld County Clerk to the Boa i 'u i WELD COUNTY, COLORADO
BY: d�i '"' �, {
Y�
� ' i� ,� xrbara J. ICirkmeye ,Chair 2/02/2000)
Deputy County Clerk
KAREN L LIBIN
/91
BY:
TITLE; Owner
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