HomeMy WebLinkAbout20051851.tiff PLANNED UNIT DEVELOPMENT (P.UD) CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number nnnn-nn-n -nn- nnn •
' (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 f-n4- .8 Re. ,co. 1041-5•/ .ZL 33ao , Section 5 , Township '-I _North, Range (,,b West
PropertyAddress(If Applicable) TBD Nwt 6o r I+✓tta" ) . Co - So53
Existing Zone District: 4 j Proposed Zone District: Ert/q19 Total Acreage: -7`) Proposed#/Lots 9
Average Lot Size: L33 Minimum Lot Size: 3. 6 Proposed Subdivision Name: Gant-et Zr PSI
Proposed Area (Acres)Open Space: 14 —
Are you applying for Conceptual or Specific Guide? Conceptual Specific �!
FEE OWNER(S) OF THE PROPERTY(It additional space is required,attach an additional sheet)
Name: Fran us t o CA c.1 a.
^ Work Phone# ('no) 51,+.-Ngss Home Phone# (q-10)441 -3911 Email Address huc.b 1a e or.,
kddress: +w5°+ 8(4,c, (k•
City/State/ZipCode Level ) Co. $053?'
APPLICANT aa OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: .1>U-rrl
Work Phone# Home Phone# Email Address
Address:
City/State/Zip Code
UTILITIES: Water. L-r+k 710, p5„ )rho 1>15tr ct
Sewer. 'Privn.}'e. We dia Coun4-) Dey)n.rfw,n..* of 14'ca.LI%-t
Gas: Excel, Ent(
y
Electric: pov<dr-a vr.l `> R>rA
Phone: GI.wa5 t' GP"4 r rn-n i C S
DISTRICTS: School: Tl..ow. PSon Jckaoc r>i5t La-
Fire: 5e-rill MA.t4 F1rc bvP a.-4-ne
Post: U5 P5 L.vv c- (u,.. �!
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 sign for
the corporation. I (we),the undersigned, hereby request hearings before the Weld County Planning Commission and the Board
of County Commissioners conceming the proposed Change of Zone for the above described unincorporated area of Weld County,
Colorado:
r
0? - aFr'v
Signature: Own Authorized Agent Date Signature: Owner or Authorized A ant nati
Et:BIT
2005-1851 1
Attn: Weld County Planning Department:
This letter is to advice you that the applicant is now F&G Lands LLC.
The PUD name is to be legally described as"Las Haciendas PUD"
Please make note of these changes on all attached and further documents.
LITTLE THOMPSON WATER DISTRICT
DIRECTORS:
Robes Boggie,President Telephone(970)532-2096
Dm Anderson 135 6.Highway 56
Keith Cr ongnbt Drawer G
David Lome Berthoud,CO*1513
Richard Macomber www.ltwd.or*
Carey J.Salomensoa
Alex Saner
MANAGER:
Richard H.R.Whiner
BILL OF SALE AGREEMENT
The undersigned hereby formally transfers and assigns to the Little Thompson Water District all
rights of ownership of the water line pursuant to that certain Agreement for Water Main Extension
between these parties dated rlcvrtaat.st a 3 20 O' Grantor
warrants that all subject improvements are free and clear of liens and encumbrances. The water line
improvements were installed at the following location:
Property Address: ((t(?g thu y Lao
kvas14A co en:S-38
Section p:5 , Township f North, Range b g West, of the 6th p.m.
The water line improvements are more specifically described as follows: '�//
prink ueve_ Peitz_ sxisfi4 II-0„+s .4 c-8 -xr>.Jr 8' std4�(4.1. ( thine_
Grantor's total cost of water main extension and dollar amount dedicated to the District$ '{b tars .
Signed and dated this 0--c day of Al e u Lay- 20 o+
iwner/Grantor
P:\Forms\BILL SALE.doc
•
Apr 21 05 O2: 34p p. 2
Agreement for Water Extensions
.his Agreement,made and entered into this 3,1 day of /1/777fIz- 200 1rt by and between
LITTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and :F/Z frZt p 1i472t,A S?.
hereinafter called"Customer",is upon the following terms and conditions,to-wit:
1. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be
established, or as hereinafter established. The Customer is either a taxpaying elector within the District,or desires to receive water service
and to join the District.
2. The Customer desires to obtain water service for the"property"described in this Agreement.
3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water
service to the property; but the District may construct said mains, or the District may approve construction by the Customer, or the
Customer's contractor upon terms approved by the District.
A. The District must approve such construction by the Customer, or the Customer's contractor by a written agreement providing for
the terms of such installation, including requirements that the materials used shall meet all standards of the District and that
provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the
Customer to the District.
B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction
cost of the District for such installation. After completion of all construction and acceptance by the District,a final adjustment of
costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of
construction,then the Customer shall pay to the District,on demand,additional advances towards the cost of construction.
C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and
interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the
District by good and sufficient assignment or bill of sale or general warranty deed. Such transfer shall be made free and clear of
all liens and encumbrances,and the Customer shall furnish sufficient evidence of title or a"Form 100"title policy if required by
the District. The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond
pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and
materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of
acceptance of such facilities by the written acceptance of such facilities, The District, upon receipt of the documents of transfer
and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this
Agreement and all other conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer
and shall thereafter assume operation and maintenance of the lines. In no event shall the District assume ownership,operation or
maintenance of any installation on the service side of the metering installation for the property.
4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be
hereafter adopted by the District. The Customer shall commence payment of established rates of the District, including minimum fees, on
the date of installation of a tap and water is available for use at the tap.
5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement.
6. The terms of this Agreement shall apply to the property described herein, and the taps hereinafter provided may be used only upon said
property. The parties hereto agree that this Agreement shall be treated as personal property and not real property.
7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District. If the plat must
be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which
the development is situated must be provided to the District.
8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct,
operate and maintain the facilities herein described, together with the full right of ingress and egress, and to cut and trim trees and
shrubbery to the extent necessary. The Customer shall obtain and convey to the District all easements required by the District, and the
District shall not be responsible for any delay in providing service in the event of failure to provide such easements. Furthermore,failure to
provide easements required by the District will cause this Agreement to become null and void and of no further force and effect, and the
Customer shall forfeit all money or rights theretofore transferred to the District.
9. The facilities herein described are required by the Customer by date hereinafter stated. In the event the District installs the facility, the
District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God,
governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause
beyond the reasonable control of the District,the District shall not be liable therefore or for damages caused thereby.
10. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good engineering
practice after the Customer has established property lines, cut streets,alleys and easements to final grade and prior to the paving of streets,
and the construction of curbs and gutters. The Customer shall reimburse the District for any expense due to subsequent changes by the
Customer.
11. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions
now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and
regulations as now established or as may hereafter be established by the District. No water service may be obtained except upon property
included within the boundaries of the District. Customer agrees that no other person shall be permitted to use water provided by the taps
herein described.
.. . 12. In the even that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from
the date of this Agreement, then this Agreement shall become null and void. In such event, the District may set off against the deposit
herein provided for the amount of its expense and return the balance of such deposit,if any, to the Customer. Customer agrees to pay all
expense incurred by the District in excess of such deposit.
LTWD Form 210
Apr 21 O5 O2: 35p p. 3
13. (Delete if inapplicable.) In order to off set the cost of water to supply the property herein described, the Customer agrees to sell to the
District the number of acre-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the
amount for each unit,hereinafter described. Customer shall not receive cash for such units transferred to the District,but the total value of
such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap.
14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property,and each tap shall
not exceed 3'.inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by
the Customer, including transfer of the above-described water rights. The taps may not be used on any property other than that described
herein without the express prior written consent of the District to such transfer. Any such transfer shall be made to property owned by the
Customer, and such property, and the Customer, shall meet all rules, regulations and requirements of the District in order to achieve a
requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described
property, or at any other place shall expire and become null and void 20 years from the date of this Agreement. Customer may not
encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto. In all other respects the taps or
water rights credit shall be treated as personal property.
15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District,the
District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within
the below described property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer
should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will he
made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period, the District shall have no
further obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements.
16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be
established by the District. District shall not be liable for any injury or damage for failure to deliver water for any reason including but not
limited to war,riot, insurrection,Act of God,or breaks or failure of the water system.
17. No agent or representative of the District has the power to amend,modify, alter or waive any provisions of this Agreement. Any promises,
agreements,or representations made by any agent or representative of the District not herein set forth shall be void and of no further force
and effect.
18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates,tolls, penalties, or
charges for services, programs, or facilities furnished by the district constitute a perpetual lien on the property herein described, and that
such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.
§32-1-1001(I)(j), C.R.S. 1973 (1981 Amendments). In the event Customer fails to abide by any of the terms or conditions of this
Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and
consequential damages,loss of revenue,attorney fees,court costs,expert witness fees and other expenses,
19. This Agreement shall be binding upon and inure to the benefit of the heirs,personal representatives, successors and assigns of the parties
hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person.
IN WITNESS WHEREOF,the parties hereto have set their signatures the day and year first above written.
'r'•THOMPSON WA CUSTOMER
By: CIZni'i�i By: 7 r✓ccs o ‘1f7Zc+4
Mailing Address: 19 S`l £L1MJ4q e? •
��tined by LTWD Board of Directors on: LCLSL4) 1-a
G/ Lo Telephone: 4 7 4,-- Yin e19 7-3-
I.) Real Estate Description for Agreement("Property"):
2.) Amount of Deposit: $ N//! q
3.) Date Customer needs facilities: /Lr/7y
4.) Number of Northern Colorado Water Conversancy District units transferred to District: I I.2-
5.) Price per unit of Northern Colorado Water Conservancy District water: if II COo
6.) Tap Size: 5/8 x'A inches.
•
7.) Number of taps to be installed: 9 .
8.) Plat Provided? K Yes No
9.) Number of new fire hydrants: :2--
10.) Fee for hydrants: $ 42/7G 04-/I.
LTWD Form 210
(Revised May 1986) Page 2 of 2
LITTLE TA-OMPSON WATER DIS Y RICT
DIRECTORS. Telephone(970)532-2096
Ruben Bog®o P1e,beO,, July 19, 2004 835 E Highway sd 1j
/�� Dena Anderson. P.O.Drawer G
Keith Croanquiet Berthoud.CO 80513
Da L Macomber www.ltwd.or8
Dave Lorenz
Ma I.Sdomowan
Ales
Sauer
MANAGER:
Richard H.H.Whirler.
Francisco Garcia
1959 Blanca Ct.
Loveland, CO 80538
Dear Francisco:
This letter is in response to your request for a water service commitment for up to 8 additional
residential lots, in the location described as follows:
PORTIONS OF N '/:, SEC.5,T4N,R68W -- WELD COUNTY,CO
RE no. 1061-5-1 RE-3300
The District provides water service within its service area as defined by the District. The
provision of water service by extension of existing water lines of the District to the above property and
the installation of taps for lots is done under the terms of the Rules and Regulations of the District
established by the Board of the District from time to time. You may obtain a copy of the Rules and
Regulations from the District. This letter outlines the provisions of the Rules and Regulations, however
this letter does not change any provisions of the Rules and Regulations. The Board of the District may
alter and amend the Rules and Regulations at any time, and the provisions of this letter are subject to
alteration and amendment based on changes in the Rules and Regulations of the District.
We currently have a 10" diameter water line located along Hwy. 60 with additional capacity
available Therefore, we can commit to provide service to the above property, subject to the limitations in
this letter, for one standard residential 5/8" X 3/4" water tap per lot; and the following additional
limitations on the provision of water service are:
1. All improvements to District facilities required to provide service will be the financial
responsibility of the developer in accordance with the District Rules and Regulations. All
improvements must conform to District Specifications.
2. Little Thompson Water District requires you to transfer 1.4 shares of Colorado Big
Thompson water for each lot in the commitment and then to pay for the rest of the tap fee
as the water lines are put in service. You then have the taps to sell with the lots at the
price that you set.
3. If a fire hydrant is required for the subdivision there is a $2,000 fire hydrant fee that
needs to be paid prior to installation of the fire hydrant. You will be responsible for any
improvements or upgrades needed to meet the required fire flows in your subdivision.
4. In order to provide the required flows to the subdivision you will be required to install a
minimum 6" Diameter water line from the 10" line with a loop through the subdivision.
Several options exist for the looping of your project. The best option may be to work
with the project East of yours to connect both projects.
5. You will be required to provide the needed water lines in the proposed subdivision.
6. The design, installation and total cost of the project will be the responsibility of the
developer.
This commitment letter will expire two years from the date of this letter if the taps have not been
purchased, paid for and installed by that date of expiration. The current fee for the domestic 5/8" X 3/4"
tap is $25,700. YOU ARE HEREBY ADVISED THAT THE RULES, REGULATIONS AND
TARIFFS OF THE DISTRICT ARE SUBJECT TO CHANGE WITHOUT NOTICE; AND THIS
LETTER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE DISTRICT MAY
CHANGE THE RULES, REGULATIONS AND TARIFFS APPLICABLE TO THE ABOVE
PROPERTY AT ANY TIME WITHOUT NOTICE TO YOU OR ANY PERSON.
If you have questions, please contact me.
Regards,
ichael T. Cook
District Engineer
Glacier Page 1 of 1
Kim Ogle
From: Lee Morrison
t: Wednesday, February 09, 2005 4:30 PM
To: Kim Ogle
Subject: Garcia Los Hacianda Longs Peak water
I think I reviewed and said it was OK already
(,w D. 144,14:404..
Assistant Weld County Attorney 915 10th St., PO Box 758
Greeley, CO 80632 (970) 356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient. please reply and delete your
copy of this message."
•
02/09/2005
r
F&G Lands
1959 Blanca Ct
Loveland, Co 80538
(970) 461-2977
Re: Las Haciendas PUD/F&G Lands LLC.
Lot B of RE 3300
Case# PK-1058
Parcel# 106105 100053
The following is a summary of concerns identified during the PUD sketch plan
application with an explanation of how these concerns will be addressed or resolved.
Zoning Compliance:
Concern: None
Resolution: Referral enclosed
Thompson School District R2-J:
Concern: School Bus staging area
Resolution: All weather,lit,concrete pad off Hwy. 6o as suggested by Leann
(See change of zone plat)
Colorado Department of Transportation:
Concern: Permit#403106
Resolution: Permit has been submitted and received by CDOT.
Berthoud Fire Protection District:
Concern: Letter of Agreement
Resolution: Letter enclosed
Weld County Sheriff's Office:
Concerns: School bus staging area, mail distribution location, names of
street and addresses, permanent sub-division sign,road maintenance,
fence around oil well, fence around ditch.
Resolution: All approved(letter enclosed)
Larimer County Planning:
Concern: None
Resolution: Referral enclosed
Office of the State Engineer,Division of Water Resources:
Concerns: Letter of commitment from Little Thompson Water
District, quasi-municipality report, water supply report, water supply
information summary.
Resolution: Report and Letter enclosed
Weld County Department of Public Health and Environment:
Concerns: Agreement with Little Thompson Water district, 100 foot
setback to all lots adjacent to ditch, Sewer disposal systems.
Resolution: Agreement enclosed, 100 foot setbacks planned, 1 sewer
disposal per lot. Sketch Plan map shows septic envelopes.
Weld County Department of Public Works:
Concerns: Review of proposal to CDOT,permit from CDOT,plat of
internal roadways and drainage as specified.
Resolution: Permit enclosed, Plat enclosed, drainage report enclosed.
Colorado Geological Survey:
Concerns: soil engineering,foundation design,ground water, perched
water, removal of contaminated soils around oil wells,percolation tests for
septic systems.
Resolution: Soils tests and percolation tests will be done in each
individual lot. Setback for oil well is shown on map.
Weld County Department of Building Inspection:
Concern: None
Resolution: Letter forwarded directly to Planning Dept.per Roger Vigil.
Town of Berthoud:
Concern: None
Resolution: Referral enclosed
Town of Johnstown:
Concern: None
Resolution: Letter enclosed
Big Thompson Soil Conservation District:
Concern: None
Resolution: Referral enclosed
Note: Please find attached letters from the Weld County Sheriff's Office and the
TVEMS approving the street name "Celeste Lane"
F&G Lands LLC
1959 Blanca Ct.
Loveland, Co 80538
(970) 461-2977
Re: Las Haciendas PUD/F&G Lands LLC.
Lot B of RE 3300
Case#P11-1058
Parcel# 1061 05 100053
Development Guide
The purpose of this document is to address the 8 components described in Chapter 27
Article VI of the Weld County Code Ordinance for a Planned Unit Development-Change
of Zone.
Component 1: environmental impact
Impact to be addressed: (1)noise and vibration-the perimeter will be fenced and
landscaped with trees, shrubs, bushes creating a noise bather. (2) Smoke, dust,and odors
will be minimal as Estates will likely be built one at a time. (3) Heat, light and glare-very
minimal as estates will be very spread out. (4)Visual and aesthetic impacts will be
positive as the development will be sensitive to its surroundings blending in with the
environment and foliaged to preserve a beautiful,natural environment. (5) Electrical
interference-none. (6) Septic systems will be installed a minimum of 100 feet from any
ditches. Domestic water is available. A specific plan for(7) waste water disposal and (8)
wetland removal is described in the enclosed report. (9) Erosion and sedimentation are
also specifically addressed in the enclosed report. (10)Excavating, filling, and grading;
(11)drilling, ditching and dredging will take place only in the daytime hours to avoid any
nuisance to neighbors. Dust will be minimal due to spacing between homes. (12)Air
pollution-very minimal due to small amount of estates being built and likely built only
one at a time. (13) Solid waste-several agencies will be hired to properly dispose of solid
waste. (14)Wildlife and(15)vegetation removal-not applicable as More than 15%of the
land will be dedicated to open space. The open space will be landscaped and maintained.
The development will be sensitive to any existing wildlife and will if anything,increase
the vegetation. (16)There will be no radiation or radioactive material. Home owner's
association will prohibit any hazardous material from being stored onsite. (17)The
drinking water source will be provided by Little Thompson Water District and will meet
or exceed all requirements for development. (18)Traffic impact will be very minimal and
according to agencies contacted, insignificant as the development is very small. Only a
total of 9 units are planned.
Component 2: service provision impact:
'^ Agencies to be impacted:
(1) School District(Thompson R2-J)
(2) Weld County Sheriff's office
(3)Berthoud Fire Protection
(4)Thompson Valley-Ambulance Service.
All four agencies have been contacted and their issues and concerns have been addressed.
Referrals from all agencies have been obtained and are attached with application. (5)
Transportation-one county road(Celeste Lane)will run thru the development. It will be a
cul-de-sac continuing over the bisecting ditch onto the proposed"A"zoned Lot(private
property) located south of the proposed estate development. (6)A traffic impact analysis
has been waived by public works. (7)Storm Drainage-a study of drainage patterns
showing the track mute, discharge, and downstream impact has been prepared and is
attached with the application. (8) Contracts or letters of agreement from all utility
providers are attached. (9)A report and agreement from Little Thompson Water District
has been prepared and approved by State Engineer and County attorney. (10) Sewage
disposal provisions-sewer will be provided by individual sewage systems. Each lot will
have its own septic system. Lot 9,a single Family residence is under construction with
septic permit#SP-0300398 indicating a conventional septic system will be installed.
(11)A structural road improvement plan has been prepared and is attached. All signs
will be consistent with Section 27-6 of the Weld County Code. No upgrades to
Highway 60 are necessary. See permit#403106 issued by Colorado Department of
Transportation.
Component III landscaping:
Information to be submitted:
(1)A landscape plan has been submitted.
(2)Descriptive statement-the proposed development will consist of an informal planting
arrangement. Planned is a 75 foot landscape buffer adjacent to Highway 60. Brick
pillars and privacy fence will be installed along Highway 60. Evergreen and deciduous
plants of a variety of colors and kinds will be used. Variety of trees will be used to buffer
the perimeter. Shrubs and coniferous trees will also be placed at the edges of the
development. Drought tolerant landscaping will be considered.
(3)Maintenance-schedule-Landscaping will be maintained as necessary. Once HOA is
established,HOA will create a specific schedule and tasks to be assigned.
(4) On-site improvements agreement is enclosed.
(5)Evidence of adequate water-watering will be done through a domestic system. A tap
agreement from Little Thompson is included with the application.
Component IV site design:
(1)Features Unique to the site-the Planned Unit Development proposes a non-urban scale
development of eight Estate lots and one Agricultural lot on 74.8 acres. The agricultural
lot is 25.9 acres. The residential lots range in size from 3.6 acres to 4.9 acres. Features
that are unique to the site are: A lake ditch that bisects the property. There is presently
one oil well and a site for a proposed second in the property. Both wells are owned by
Magpie. The oil wells will be fenced and posted to avoid any tampering.
(2)The PUD is consistent with the policies outlined in Chapter 22 of the Weld County
Code. It will cooperate with Agricultural operations. Adequate facilities will be
provided. Public facility agencies have been contacted and all their concerns have been
addressed. Environmental resources will be encouraged. Open space will be provided
for wildlife. Beautiful landscaping will be planted creating a buffer as well as a noise
barrier. Mineral deposits and oil wells will continue to be used. Irrigation ditch will
function as normal. Septic systems will be in place in order to minimize negative impact
of waste. The development will be free of unsightly materials as controlled by HOA.
There will be no hazardous materials left on site. The HOA will develop and sustain a
program for appropriate clean-up of any weeds, litter, etc. It will be an efficient and
orderly development. It will be sensitive to natural patterns and it will be suitable to its
surroundings.
(4)The lots are compatible with the intent and uses allowed in the E(estate)Zone
District as set forth in the Weld County code and lot 9 is compatible with the intent and
uses allowed in the A(agricultural) zone district as set forth in the Weld County code.
Proposed lots will be bound to adhere to the respective zone district requirements
including setback, offsets, lot size,number of animal units,and building height.
We are aware of growing conflicts between agricultural and residential uses. Therefore,
the PUD will administer the guidelines set forth in Chapter 22 of Weld County Code in
order to reduce conflict.
The PUD will:
• Be sensitive to its surrounding areas.
• Be respectful of natural environment.
• Be protective of health, safety,and welfare of its citizens.
• Be regionally linked by roadways.
• Incorporate progressive planning that is aesthetically pleasing and functional.
(5)Flood Hazard, Geological Hazard, and Airport Overlay do not apply to this property.
Component V common open space usage:
(A)Intent: More than 15%of the property will be designated for open space. It will
attempt to preserve ecology important environments and will provide an attractive,
appealing view to the development.
(B) 1. Common open spaces will be permanent.
2. A home owner's association will be established before occupancy or sales of
property.
3. Each owner will be required to be a member of the Home Owner's Association
with the exception of Lot 9 which will be zoned Agricultural.
4. Among other tasks, the Home Owner's Association will be responsible for
Liability, Insurance,taxes,maintenance, and common open space.
5. Home Owner's Association will have the power to levy assessments.
6. All members will be given a statement with a clear understanding that action
will be taken by the Board of Commissioners in the event that the Home Owner's
Association should fail. Consequences as described in Section 27-6-80 of the
Development Guide Requirements will be discussed and put in writing for benefit of
HOA members.
7. At least 15%of Development will be designated to open space as shown on
plat.
8. Cash-in-lieu alternative does not apply to this development.
(C) 1. Open Space will be compatible with Chapters 22, 23, 24, and 26 of this code
wherever applicable.
2. Open space will be owned by the Home Owner's Association. It will be
preserved and maintained by the HOA. A specific plan and schedule will be established
by the Association.
a. The open space development will proceed at rate of construction if not
completed before construction. No recreational areas,club houses,parking lots, or such
improvements are planned. There will only be one cul-de-sac road which will be a
County road.
b. On-site improvement agreement is attached.
Component VI signage:
The owner of the development(F&G Lands LLC)will prepare a set of sign standards as
stated in Section 27-6-90-E-1. The set of signs will be included in the covenants
approved for the development. Signs will comply with the regulations of the County and
plans will be submitted to Department of Planning for approval. Designs will be
consistent with regulations of the County. The PUD will adhere to all applicable
requirements as set forth in Chapters 23,26, and 27 of the Planned Unit Development
code regarding signage.
Component VII MUD impact:
This location is not in a MUD area.
Component VIII intergovernmental agreement impact:
We are not aware of any intergovernmental agreements in this location.
7Th you,
G.. C--
ande Garcia
Hacienda Builders
JAN-05-05 13:25 FROM-DIVISION Are WATER RESOURCES 3038662223 T-356 P.01/01 F-407
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Re ources „c
Department of Natural Resources I
7313 Sherman Street, Room 818 q
Denver,Colorado 80203 •
�
Phone(303)866-3581 December 8,2004
FAk(303)866-3589 rave
wHw.wareL5tate.00.ui rill Uwuns
Kim Ogle corernor
Co
Weld County Planning Department w Feu ro&e
918 10`"Street ExeCiitive arcaor
Hal D Simpson,RE.
Greeley Co 80631 Slat Engineer
Re: Garcia II PUD
Case No. PK-1058
NE 1/4 of Sec. 5, T4N, R68W, 6th P.M.
Water Division 1,Water District 4
Dear Mr. Ogle:
We have reviewed additional information submitted to this office on December 1, 2004 on the above
referenced proposal to subdivide a 74-acre parcel into 9 single-family residential lots, ranging in size from 3.6
acres to 25.9 acres. A house is currently located on proposed lot 9 (25.9 acres).Although we have not received
a formal request by the county to review this additional information, in an effort to assist the county the State
Engineer's Office offers the following comments.
As mentioned in our previous letter dated June 1,2004, domestic water for the residential lots within the
subdivision is to be supplied by the Little Thompson Water District (District). Since a concern was raised
regarding the District's commitment to the subdivision, a Water Main Extension Agreement from the District was
provided to this office. Based on the information from the Water Service Agreement, the District is able to serve
the proposed 9 lots in the subdivision per terms and conditions of the District.
A Water Supply Information Summary Form was also provided. The household use water requirements
for the nine lots in the proposes subdivision are estimated at 0.76 acre-feet per year per lot or 6.84 acre-feet per
year for the entire subdivision. The estimates of the water requirements appear to be high for the uses identified
(household use with no explanation on outside uses). However according to the information in the Water Service
Agreement the District will furnish 11.2 units of the Colorado-Big Thompson (C-BT) project water for the eight
additional lots to be developed on the property. The 11.2 units were determined based on me District's
requirement that the developer purcnase and transfer to the District 1.4 snares of C-BT water per residential lot
prior to the tap activation (1.4 units per lot X 8 additional lots). The District will furnish 70% of an acre-foot of
water per tap per annual water year if the allotment for me Colorado-Big Thompson (C-BT) project water, as
determined Dy the Northern Colorado Water Conservancy District, is 50% or greater. The District will restrict the
delivery as necessary when the C-BT allotment is less than 50%.
Pursuant to Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's office offers the opinion, that
contingent upon water service being provided by the District, the proposed water supply will not cause material
injury to existing water rights and the supply is expected to be adequate,
If you have any questions in this matter, please contact(Dane Comaniciu of this office.
rely,
o e, .E,
cc: Jim Hall, Division Engineer Chief of Water Supply
Water Supply Branch
Subdivision File
DW/IC/Garcia II PUD
WATER SUPPLY INFORMATION SUMMARY
Section 30-28-133,1dL C.R.S. requires that the applicant submit to the County,Adequate evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water.
1. NAME OF DEVELOPMENT AS PROPOSED
2. LAND USE ACTION . L,Ifyl,OPM$A7T
3. NAME OF EXISTING PARCEL AS RECORDED L4itiZIscr₹b RKuxz DSD &RIF a.prlon) .k/0. j04r1-$=1 I?- not
SUBDIVISION FILING BLOCK LOT
4. TOTAL ACREAGE 1't'_ 'i } 5. NUMBER OF LOTS PROPOSED 9 PLAT MAP ENCLOSED 0 YES
6. PARCEL HISTORY - Please attach copies of deeds, plats or other evidence or documentation.
A. Was parcel recorded with county prior to June 1, 1972? 0 YES C✓ NO �/
8. Has the parcel ever been part of a division of land action since June 1, 1972? Ll YES 0 NO
If yes, describe the previous action Rr3[. axial ttcu ,'k+tl2l;rf I`P, 9.0'Cµ
7. LOCATION OF PARCEL - Include a map delhdatina the project area and tie to a section comer.
wir3
NAt F 4$' OF N e- 114 SECTION c TOWNSHIP L/ LIN ❑ S RANGE ib-k- ❑ E MW
PRINCIPAL MERIDIAN: 2ITH 0 h.M. ❑ UTE 0 COST1LLA
. PLAT- Location of all wells an property must be plotted and permit numbers provided.
Surveyors plat I"Yas 0 No If not- scaled hand drawn sketch 0 Yes 0 No
9. ESTIMATED WATER REQUIREMENTS -Gallons per Day or Aare Far par Year 10. WATER SUPPLY SOURCE
❑ EXISTING 0 DEVELOPED ❑ NEW WELLS -
C, WELLS SPRING yeeros®scums•(CHac(onoHOUSEHOLD USE ,Y q of units GPO 716 AF WELL PERMIT NUMBERS ❑ALLUVIAL 0 WPM ARAPAHOE
❑IFrm aAn5w O LOWER ARAPAHOE
COMMERCIAL USE >t NM of S.F. GPO AF Loom DAWS l ❑LARAME FOX HIES
❑DOWER 0 DAKOTA
O OTHER
IRRIGATION N AA et acres GPO - AF
STOCK WATERING if AA of head GPO AF ❑ MUNICIPAL
❑ ASSOCIATION WATER COURT DECREE CASE NO.'S
OTHER - GPO _t AF ❑ OMPANY El RICT
TOTAL - GPO O 1 AF NAME .1.‘fl 1744/44
LETTER OF COMMITMENT FOR
SERVICE 0 YES 0 NO
11. ENGINEER'S WATER SUPPLY REPORT DYES 0 ND IF YES, PLEASE FORWARD WITH THIS FORM. Iles may I.required belore our meow is cempler])
12. TYPE OF SEWAGE DISPOSAL SYSTEM
1? SEPTIC TANK/LEACH FIELD 0 CENTRAL SYSTEM - DISTRICT NAME
...La LAGOON 0 VAULT• LOCATION SEWAGE HAULED TO
❑ ENGINEERED SYSTEM Attach a ally eI man.ama dement 0 OTHER
I 'd SLZL-269101.61 ia.Aeg apue0 dtZ -2T to 62 AoN
LITTLE THOMPSON WATER DISTRICT
, . DIRECTORS: Telephone(970)532-2096
Robin Reggio Drawn G
President Berthoud Co 80513
David Lorenz
Keith Crnonquist www.IMdorg
Richard Macomber
Dean Anderson
Carey 1.Salomonson
Alex Sauer
MANAGER:
Richard H.H.Whittct
Date: July 14, 2004
To: Colorado Division of Water Resources, Water Supply Department
From: Erik Anglund, Water Resource Engineer
Subject: Little Thompson Water District Water Supply Update
The Little Thompson Water District's approximately 7,300 tap holders include homeowners, farms,
commercial enterprises and municipalities in portions of Larimer, Weld and Boulder Counties. The
service population is estimated at 20,000 people. The area of the District is 300 square miles and it is
bounded by the City of Loveland to the north, Longs Peak Water District to the south, the City of
Greeley, South Platte River and St. Vrain River on the east and the foothills of the Front Range to the
west. The District's website address is www.ltwd.org.
Water Supply
LTWD obtains its water supply from the Colorado-Big Thompson (C-BT) Project through Carter Lake.
Currently LTWD owns 9,227 C-BT units with average annual yield of 0.7 acre-foot (ac-ft) per unit and a
firm (dry year) yield of 0.5 ac-ft.
LTWD does own a junior water right (priority date 1984) on the Buckhom Creek for 0.22 cfs. This right
was obtained from the Arkins Water District, which was dissolved and incorporated into the LTWD
system. Currently, this water right is not being diverted and used by LTWD, but the District is
investigating the possibility of exchanging it for C-BT water.
LTWD also owns 24 shares of the Consolidated Home Supply, which yield 10.92 ac-ft/share in average
years and 0 in dry years. They have 0.33 shares of Big Thompson Ditch and Manufacturing, which yield
97 ac-ft/share in average years and 56.9 in dry. These water shares are rented out to irrigators. LTWD
has 2 Highland Ditch shares that yield 29.56 ac-ft/share in average years and 9.5 shares in the Supply
Ditch that yield 12.67 ac-ft/share in average years. The shares in both of these Ditches are also rented out
and not included in firm supply.
LTWD has master meters for the City of Loveland, the Town of Berthoud, the Town of Mead, Longs
Peak Water District, North Carter Lake Water District, Fort Collins-Loveland Water District and the
Towns of Milliken and Johnstown. These entities transfer C-BT units to the District at a rate of 115%
except Loveland, which is a two-way connection and water is traded one-to-one. Milliken and
Johnstown pay cash on an emergency basis only and the Fort Collins-Loveland Water District also pays
cash. These water supplies are shown in the Table below.
The District requires developers to provide 1.4 shares of C-BT per residential lot for all subdivisions with
three or more lots. Subdivisions and recorded exemptions of one or two lots may pay cash-in-lieu for
water at the going rate for C-BT shares except when drought restrictions are in place. This policy is under
review and may change to include transfers of native water. The District is also reviewing the number of
acre-feet required per tap based on tap holder usage patterns.
NCWCD Water Supply Inventory Form
Water Supplier: Little Thompson Water District
Updated: July 14, 2004
Firm or
No. of Avg. Dry Yr. Firm
shares Annual nnual Annual Annual
or Units Yield Yield Yield Yield Notes and
Water Right Name Owned (af/sh) (af) (af/sh) (al) Comments
Direct flow
sources
Buckhorn Creek 100%
(.22cfs) 0.0 1984 Priority;only used once
in emergency
Transbasin
Sources
CBT Project 9227 0.7 6458.9 0.5 4613.6
Turned over from 900.0 900.0
Master Meters
Mutual Irrigation
Company
Ownership
Consolidated 24 10.92 0 0 0 Farmer Irrigation,
Home Supply no connect to WTP
Big T Ditch &
Manufacturing 0.33 97 0 56.9 18.8
Rented out to
Highland Ditch 2 29.56 0 0.0 0 irrigators
Supply Ditch 9.5 12.67 0 0 0
Total with Master 7358.9 5532.4
Meters
Total w/o Master 6458.9 4632.4
Meters
Water Supply System and Operations
LTWD treats and distributes the C-BT water from two treatment plants located below Carter Lake. The
two treatment plants are jointly owned by LTWD and the Central Weld County Water District(CWCWD)
and are operated as a separate entity known as the Carter Lake Filter Plant (CLFP). The combined
capacity of the CLFP is 34 MGD after completion of a 10 MGD expansion in 2001. The native water
supplies are not deliverable to the water treatment plants, so are not available for domestic use. They are
used as mentioned in the Supply paragraph. The LTWD distributes and receives water from several
cross-connections with other water utilities also mentioned in the previous paragraphs.
Water Demand
Little Thompson receives some water from the Town of Loveland and the Ft. Collins-Loveland WD in
addition to water from the Carter Lake Filter Plant (CLFP). Historic water demand was provided to
LTWD from CLFP annual production readings for 1990 to 2003. About 15% of the treated water is
provided to the other cities or water districts they hold contracts with. Tap demands calculated by LTWD
over a 10 year period from 1990 to 2000 show an average use of 0.76 ac-ft/tap and 0.56 ac-ft /equivalent
tap (5/8"). LTWD has a high ratio of commercial, dairy and feedlot taps compared to residential taps.
Annual planning is determined by calculating the average demand per tap for the last two to four years
and adding 5% to the number of taps for the current year. Recent tap growth has been between 4 and 5%
annually, but is currently around 3.5%. Long-term water demand projections are calculated using the 10-
year average demand per tap of 0.76 ac-ft/tap and a 3.5% annual tap growth rate.
As mentioned before, the LTWD requires developers to transfer in the amount of water necessary to meet
the projected demands for new development. The District begins providing service for this new demand
only when the water transfer to the District is complete. The District also manages a small reserve water
pool whereby water shares for individual water tap services can be purchased (cash-in-lieu) and
transferred from the reserve pool to the customer tap account. The LTWD does not have a committed
firm supply available for new future demands. The burden is on new growth to provide its own water for
service.
U/21/29@4 09: 41 97e5324744 BERTH0UD FIRE DEPT PAGE 01
MAY 1 4RECT
-4 _ - `3.-- ct:44Weld County Referral
WineMay 12, 2004
COLORADO
The Weld County Department of Planning Services has received the following item for review
Applicant Francisco Garcia
Case Number PK-1058
I
Please Reply Sy June 9, 2004
Planner Kim Ogle
Project PUD Sketch Plan for Eight Estate Lots and one Agricultural Lot and 11.2 acres of
open space
Legal Lot S of RE-3300; being
part of the W2 NE4 of Section 5, T4N, R6SW of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to State Hwy 60; 1/4 mile west of CR 5
Farce/Number 1061 05 100053
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated, Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Department Design Review Meeting:
D We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
9 We have reviewed the request and find no conflicts with our interests.
Cl See attached letter.
Comments:
•
Signature l
Agency Date Efr
+Weld County Planning Dept. +1555 N. I7th Ave.GrceIey,CO.80631 +(970)353-6100 ext3540 +(970)304.6498 tax
(--
_ � BERTHOUD FIRE PROTECTION DISTRICT
Box 570 • 275 Mountain Ave. • Berthoud, CO 80513 • (970) 532-2264
II I
Date: November 29, 2004
To: Candi Garcia
From: Steve Charles, Fire Chief
Subject: Service Area
Lot B of RE 3300 Case Number BK 1058, which lies south of
Highway 60 and east of County Road 5 (Weld County), lies within the
service area of the Berthoud Fire Protection District. It has been a part of the
District since the 1950's.
It is our understanding inquiry is a result of a proposed PUD 2, Las
Hacienda. There are specific access and fire protection requirements for
residential and/or commercial development. As you progress with the
process, the District will provide you with this information.
Respectfully,
Steve Charles
Fire Chief
CC Weld County Planning & Building Department
AN EQUAL OPPORTUNITY EMPLOYER
1,v
R2-J-
l�
HOMPSON SCHOOL DISTRIC
Planning&Facility Use Services (970) 613-5046, Leanne Porzycki
11
800 south Taft Avenue FAX: (970) 613-5085
oveiand-Berthoud,
/80537ao E-mail: porzyckil@thompson.k12.co.us
January 31, 2005
Mr. Francisco Garcia
1959 Blanca Court
Loveland, CO 80538
Re: Garcia II PUD
Dear Mr. Garcia:
Thank you and Mr. Candy Garcia for meeting with Nansi Crom, the district's transportation director,
and myself a couple of weeks ago to explain this project in more detail. Upon reviewing the layout
and design of this project, the Thompson School District has determined that the volume of traffic
associated with this development should not be at a level that would warrant a bus turnout or pull
around.
At this time, the district requests that the developer provide a bus loading area well off the traveled
portion of the roadway at the main entrance of the project. This loading area should be on the east side
of the entrance, behind the entrance sign as long as the sign is not too tall to disrupt visibility. The
loading area should have a cement or asphalt base, approximately 9' x 9', and could even include an
informal shelter so students have a safe, friendly area to wait forthe bus. The district also requests that
there be a streetlight/lamppost to further enhance safety during the winter season.
Please let me know if you need additional information or clarification on the district's request.
Sincerely,
Leanne Porzycki
Assistant Director of Planning & Facility Use
pc: Kim Ogle, Weld County Planning Department
Weld County Plannin, P-, -i-'- -,nt-
S GREELEY 0 v\kiii
d , N` MAY 2 h 2004ill (0O
a_
4 \\O2.0- Weld County Referral
C• May 12, 2004 _
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Francisco Garcia Case Number PK-1058
Please Reply By June 9, 2004 Planner Kim Ogle
Project PUD Sketch Plan for Eight Estate Lots and one Agricultural Lot and 11.2 acres of
open space
Legal Lot B of RE-3300; being part of the W2.NE4 of Section 5, T4N, R68W of the 6th
P.M., Weld County, Colorado.
Location South of and adjacent to State Hwy 60; 1/4 mile west of CR 5
Parcel Number 1061 05 100053
tion is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Department Design Review Meeting:
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attach d letter.
�- c POGO 1t L ' r
Comments: ( c� 2 1.5 5 rjOl l l V of
huiLi - -4-eylirvt . Ptrmit It403f't<o -- atreza ti .
cbto i v t4 &JAY,or-i 2i ✓lQ 'EY& 1'C VO( utw1CS for 9
Sivv91° arnilc Aide_ tivtiS
Signature 4t,c, — . Date Sit slog
Agency lJ CD A c to s-3
•
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax
.'Fc.v 3"• yy. y« > -,sY .y..;, (-Dui Ytlnim _.
V� N 403106
SR/SNP
STATE HIGHWAY ACCESS
CODE 60A/002.610/R
Local JurlsdlcWn
NOTICE TO PROCEED Weld County
Permittee(s): Applicant;
Francisco Garcia,Jr. Francisco Garcia,Jr.
1959 Blanca Street 1959 Blanca Street
Loveland,CO 80538 Loveland,CO 80538
970-5664958 970-566-4958
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits
expire one year from date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11)(d), of the Access Code.
Adequate advance warning is required at all times during access construction, in conformance with the
Manual on Uniform Traffic Control Devices for Streets and Highways.
All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
r' •opriate.
None
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By This Date
(X)
This Notice is not valid until signed by a duly authorized representative of the Department
Colorado Department of Transportation
, Title A Date
(X) �t1cc d� t�ss� kass IlAiio3
Copy Di- b on: Required 1. Region Permit files 2.Staff Access Section. As needed: Local Author TCE Patrol, Inspector Form 1265 8/98
•
State Highway No/Mp/Side
60A/002.610/R
�it fee Date of transmalal Flegion/Sectlon'Patrol Local Jurisdiction
100.00 11/21/2003 04/01/05 Weld County
The Permittee(s); Applicant; Ref No. 2003
Francisco Garcia,Jr. Francisco Garcia,Jr.
1959 Blanca Street 1959 Blanca Street
Loveland,CO 80538 Loveland,CO 80538
970-566-4958 970-566-4958
ki hereby granted permission to have an access to the state highway at the location noted below.The access shall be constructed,maintained and used In
accordance with this permit,Including the State Highway Access Code and any attachments,terms,conditions and exhibits.This permit may be revoked
by the issuing authority if at any time the permitted awe and its use violate any pads of this permit.The issuing authority,the Department and their duly
appointed agents and employees shall be held harmless against any action for personal Injury or property damage sustained by reason of the exercise of
the pert
LOCation:
The access is located on State Highway 60,a distance of 3,196 feet east from Mile Post 2 on the south/right side.
Access to Provide Service to:
Single-Family Detached Housing ». ..».««..... ..»..«...»....«.. 9 Each 100.00 %
Other terms and conditions:
• See Attached Pages 2 and 3 and Other Enclosures for Additional Terms and Conditions.
• The development of these 9 lots must not increase surface run-off to the state highway right-of-way beyond the rate
historically accepted.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains Issuing authority.
BY Date Title
(x)
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
Initiation.The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used.
The partnittee shall notify Rusty Lowe with the Colorado Department of Transportation In Loveland at 970-667-4650
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to
accept the permit and its teens and conditions.
ate /
((+armlttN � // /.. I t, )40 3
This permit Is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
By
I Date(of issue) Title
(x) (TI .1 A I Cis ' (� iotilt: 5 Assistant Access Manager
Copy awl Required: Makery for: Previous editions are°bookies and may not be used
1.Regbn Local Authority Inspector COOT Pam not mss
2Appllcant MICE Patrol Traffic Engineer
3.Staff Access Section
111111111111 UIII 111111IIIII IIll1111111 Ill BE VIII R' COR R S MEMORANDUM
3161576 03/12/2004 04:02P Weld County, CO THIS ` NT WAS FOUND
576 1 of 14 R 71.00 D 0.00 Steve Moreno Clerk& Recorder T QUATE FOR
S3AbaNiNG PURPOSES.
AGREEMENT
This Agreement(the"Agreement"),is between THE CONSOLIDATED HOME SUPPLY
DITCH AND RESERVOIR COMPANY, a Colorado mutual irrigation company ("Ditch
Company")and FRANCISCO GARCIA,1959 BLANCA,LOVELAND,CO 80538 AND F&G
LANDS,LLC,a Colorado limited liability company,1959 BLANCA,LOVELAND,CO 80538
("Landowner"), and is upon the following terms:
1. Subdivision and Ownership. Landowner is the owner of all of the property known as
the LOT B,CORRECTED RECORDED EXEMPTION NO. 1061-5-1 RE-3300,being a portion of
the West Half of the Northeast Quarter of Section 5,Township 4 North,Range 68 West of the Sixth
Principal Meridian,County of Weld,State of Colorado. [Assessor's Parcel Number 1061051000531.
There are two ditches on said property and this easement applies to both ditches,a copy of which is
attached hereto as Exhibit A (the "Subdivision"). Landowner represents and warrants that
Landowner is, on the date of execution of this Agreement, the sole owner of the Subdivision.
Landowner may have lien(s)against the Subdivision,and Landowner will obtain the written consent
and acceptance of all lienholders by signature on this Agreement prior to its recording. Failure to
obtain such written consent and acceptance from all such lienholders shall cause Landowner to be in
default under this Agreement.
2. Background and Purpose. Landowner desires to obtain approval of the Ditch
Company for certain matters required by the Weld County, Colorado, Board of County
Commissioners relating to the conditional approval of the Subdivision. The Ditch Company's
interests will be benefited by the granting of its approval through the terms and conditions of this
Agreement. Therefore the parties acknowledge that valuable consideration exists for this Agreement
among the parties. Landowner shall promptly reimburse or pay directly all of the Ditch Company's
engineering and legal expenses incurred in the negotiation, administration and effectuation of this
Agreement. Landowner agrees to pay all of the other fees and expenses provided for in this
Agreement.
3. Ownership and Administration of Ditch Company Stock. Landowner owns one
assessable share of the Ditch Company which has historically been used to irrigate for agricultural
purposes the Subdivision. Landowner desires to continue to have the Subdivision and open space
areas irrigated by water from the ditch of the Ditch Company. Landowner shall obtain all necessary
approvals to be able to use such water for such purposes. If fee title to all or any portion of the
Subdivision is conveyed by the foregoing named persons (Landowner) to any successor, then
Landowner shall forthwith assign the stock certificate for the share of the Ditch Company's stock to
a non-profit corporation which shall be a subdivision homeowners association with its membership
limited to owners of property within the Subdivision(the"HOA"). The HOA shall be required to
pay the annual assessment on the stock of the Ditch Company and for the annual assessment of the
lateral ditches that serve the Subdivision; and the HOA shall have the power to assess its members
on a proportionate basis for such assessment and such HOA shall have a lien on the property in the
Subdivision. The HOA shall designate one person to be the liaison with the superintendent (ditch
RP:::"I0LPH W.STARR,P.C.
Page 1 Attorney at Law
The Palmer Gardens
150 East 29th Street,Suite 295
P.O. Box 042
1 nveland.Cobrado 80530
•
f 11111
I I I II 11111111111111
3161576 03/12/2004 04:02P Weld County, CO
2 of 14 R 71.00 0 0.00 Steve Moreno Clerk& Recorder
rider) of the Ditch Company. The liaison shall be the sole contact with the superintendent
concerning ditch matters including,but not limited to,orders for water,ditch maintenance,and ditch
stock assessments. The HOA's representative shall be legally authorized to represent the HOA and
its members with respect to any matter concerning the Ditch Company;and no individual property
owner in the Subdivision shall have any right, title, claim or interest in, to or with the Ditch
Company, the ditch or the water in the ditch. Prior to such conveyance of title by the foregoing
named persons to any successor,Francisco Garcia shall be the sole person entitled to act on behalf of
Landowner under this section of the Agreement. In the event that Francisco Garcia is unable or
unwilling to so act, then F & G Lands, LLC shall designate a successor to act on behalf of
Landowner under this section of the Agreement and such successor shall be designated in writing
and written notice of such successor shall be delivered to the Ditch Company forthwith.
4. Ownership of Ditch Company Property Rights. The Ditch Company has a right-
of-way for its TWO ditches and appurtenant facilities described on the plat attached hereto.
Landowner recognizes and confirms said ownership of the Ditch Company. Landowner agrees to
execute an easement in the form of Exhibit B attached hereto to have the Landowner confirm and
convey the property rights of the Ditch Company. The easement shall be recorded at the expense of
the Landowner along with this Agreement. Landowner grants and confirms to the Ditch Company
an exclusive easement for the Ditch Company's irrigation ditches and appurtenant facilities as shown
on the recorded survey plat of the Ditch Company's system together with rights of ingress and egress
for Ditch Company purposes over and across the Subdivision. The width of each of the ditch
easements is 100 feet, being 50 feet on each side of the centerline, and additional easement will be
required,if necessary,to obtain a minimum of a 25 foot strip on the top of the bank on each side of
the ditch.
5. Drainage.
5.01 There shall be no change made in the point, flow rate, volume, amount or type of
drainage into the Ditch,except as provided in this Agreement. A Preliminary Drainage Report shall
be prepared by Landowner if the Subdivision is further subdivided or if structures or impermeable
surfaces are constructed on the Subdivision, which report shall be presented to the County and the
Ditch Company. The Ditch Company shall be entitled to review the Preliminary Drainage Report
during the time that the appropriate governmental agency is reviewing such report. The Landowner
will incorporate the changes to the report and the Drainage Plan suggested by the Ditch Company's
engineer. A Final Drainage Report shall then be prepared containing all of the required changes.
The Ditch Company shall have a reasonable time (not less than 45 days) to review such Final
Drainage Report and present objections to such report and to the design,installation or construction
of any facilities that alter the historic drainage pattern. If Landowner fails or refuses to modify the
Final Drainage Report to meet the objections of the Ditch Company,then the County shall make the
final determination regarding the modifications of the drainage plan. County shall be jointly and
severally legally responsible for such drainage and drainage plan.
5.02 Neither Landowner nor HOA,nor their respective successors or assigns,shall cause,
suffer or permit any hazardous material, pollutant or other foreign material to be deposited or
discharged from or through the Subdivision into the Ditch or the water carried within the Ditch. Any
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person, including Landowner, having knowledge of such deposit or discharge shall immediately
notify the appropriate governmental agencies and Ditch Company of any potential or actual such
deposit or discharge by any person.
5.03 Landowner agrees that an easement exists for the historical waste water return
ditches, if any, and Landowner agrees to regularly maintain, clean and repair the ditches on at least
an annual basis prior to the irrigation season,and Landowner agrees to install a concrete pipe culvert
of sufficient size based on the Ditch Company engineer's standards for lateral ditch crossings of
roads or other surface uses that could affect the operation of the Ditch Company's ditch.
5.04 Landowner agrees that there may have existed for many years underground drain lines
and lateral or field ditches carrying water across the properties. Landowner agrees that an easement
exists for the underground drain lines and lateral or field ditches and they agree to regularly maintain
and repair the lines and ditches on an"as needed"basis prior to the irrigation season.
5.05 In the event there is proposed or formed a drainage district under federal,state or local
law or requirement,Landowner agrees to include all of the Subdivision property with the boundaries
of such district.
6. Plat or Covenant Notes. The following notes shall be inserted by the Landowner
onto the Subdivision Plat or into the perpetual covenants that run with the title to the Subdivision:
A. The Ditch Company has an easement for its ditch and has the authority to cut and
remove trees within its right of way and it is acknowledged by the owners of the property in the
Subdivision that the Ditch Company will, at an appropriate time,remove any and all such trees on
the property. The owners of the property in the Subdivision acknowledge that the property owners
and successor owners may not plant or otherwise landscape the ditch right of way. The Ditch
Company also has the authority to install and maintain a road along each ditch bank for its purposes.
B. The property owners may not place any fence within the ditch right of way, and
particularly across the right of way; and the property owners shall not to install any gates or fences
on the ditch company right of way without the prior written approval of the Ditch Company. Any
fences approved by the Ditch Company along the ditch easement must be fire proof and stock-proof
to prevent damage by ditch cleaning by burning,humans and livestock and other sources to the ditch.
There will not be permitted any livestock watering in the ditch. There will not be permitted any
pumps in the ditch. Cattle guards instead of gates should be utilized instead of gates.
C. The property owners acknowledge and understand that there may be subsurface
waters that arise in the area of this development and that there are periods of time when,due to water
flowing within the ditch system and otherwise, that portions of the property receive significant
amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this
problem,the utility of certain portions of the property for construction of structures could potentially
be unavailable. The Ditch Company has no plans to alter its operations as it would cure this surface
and subsurface water issue. Ditches may overflow and flood adjoining property and improvements.
Property owners shall be solely responsible for all water that overflows the ditch and the Ditch
Company shall not be liable for damage caused to any property or improvements due to water
overflowing the ditch.
D. The property owners shall maintain the irrigation and drainage patterns existing on
the date of recording of the plat so that the quality of water entering the ditch from irrigation and
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from precipitation and other sources be maintained, and so that there is no change in rate, amount,
point or type of drainage into the ditches that will occur. The property owners shall monitor and
identify any pollutants or other hazardous materials that enter the ditch and should agree to stop any
such deposit in the ditch system.
E. The property owners acknowledge that: 1)No livestock watering,swimming,tubing,
canoeing or other use of the ditch or water in the ditch is allowed; 2) No dumping of refuse,
including but not limited to household garbage, waste materials, grass clippings, tree and shrub
prunings, motor oil, chemicals,pesticides or herbicides is allowed; 3)No pumps for lawn or other
irrigation are allowed in the ditch; 4)No use of the ditch easement for hiking, biking, horseback,
motorcycle, off road vehicles or other motorized or non-motorized vehicle shall be allowed.
F. No crossings of the ditch are permitted without the prior written consent of the Ditch
Company and compliance with the rules, regulations and requirements of the Ditch Company.
7. Miscellaneous
7.01 Attorney Fees, Law and Venue. In any action brought by the Ditch Company to
enforce the provisions hereof, whether legal or equitable, and/or in any action involving Ditch
Company and Landowner or any successor of Landowner whether to enforce the provisions of this
Agreement or otherwise,the prevailing party shall be entitled to reasonable attorneys' fees as fixed
by the court. This Agreement shall be construed under the law of the State of Colorado. Venue for
all actions shall be in the District Court of the county where the Subdivision is located.
7.02 Severability. The provisions hereof shall be deemed independent and severable,and
the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall
not affect the validity or enforceability of any other provision hereof.
7.03 Successors and Assigns. The terms,covenants,and conditions herein contained
shall be binding upon and inure to the benefit of the successors and assigns of Landowner,the Ditch
Company and the HOA,and each of them. Landowner's obligations hereunder shall terminate(and
the successor(s)to Landowner shall arise) on the date that Landowner conveys all of Landowner's
interest in the Subdivision to transferee(s)and/or HOA. HOA shall be jointly liable with all or any
successor property owner within the Subdivision under the terms of this Agreement. Whenever a
transfer of ownership of a lot or tract takes place to a bona fide purchaser for value, liability of the
transferor for breach of this Agreement thereafter terminates,and the grantor shall be liable only for
breach(s) of this Agreement arising prior to the date of conveyance. This paragraph shall apply to
any property dedicated to or conveyed to a governmental entity or any other person or entity by
Landowner as a public improvement or utility. All amounts due by Landowner or by HOA to the
Ditch Company or to its stockholders, or otherwise under the Agreement shall be assessed by the
HOA against the Subdivision under the terms of the covenants applicable to the Community;and the
lien for such assessment against the Subdivision shall inure to the benefit of the Ditch Company and
its stockholders for any amount due under the terms of the Agreement or otherwise. Such lien may
be foreclosed against the Subdivision, or any portion thereof, by the Ditch Company or its
stockholders in the place of the HOA, as provided in the covenants applicable to the Subdivision.
The provisions hereof shall constitute covenants running with the land, burdening and benefiting
each and every part of the properties and every interest therein. In addition, the provisions hereof
shall be enforceable in equity as equitable servitudes upon the land and as covenants in an agreement
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---- - -- -- - - - -
between owners. This Agreement affects the property and title of the Subdivision, and this
Agreement shall be recorded at the expense of Landowner,and after recording,the terms,conditions
and covenants of this Agreement shall become a covenant running with the land of the Subdivision.
This Agreement shall constitute a benefit and burden on the Subdivision and this Agreement shall be
enforceable by the Ditch Company or any of its shareholders,or both the Ditch Company and any of
its shareholders.
7.04 Construction, Waiver, Gender, Time of Essence. The provisions hereof shall be
liberally construed to effectuate their purpose of creating a uniform plan for the development and
operation of the Subdivision. Failure to enforce any provision hereof shall not constitute a waiver of
the right to enforce said provision or any other provision hereof Whenever used in this Agreement,
the singular shall include the plural,the plural the singular, and the use of any gender shall include
all genders. Time is of the essence of this Agreement.
8. Liability and Indemnification.
8.01 Landowner, HOA, and Landowner's and HOA's successors and assigns, hereby
specifically waive and release all known or unknown Claims,damages,rights of indemnity,rights of
contribution or other rights of any kind or nature for claims, damages, actions, judgments or
executions that have arisen or may arise out of the maintenance, operation or use of the Ditch
Company's ditches and easement, including,but not limited to: flooding due to overflow or breach
of the Ditch Company's ditches; washing or erosion of the ditch bank; cleaning of the ditches and
easement by any means including but not limited to burning or chemical means;and excavation of
the ditches and storage of residue.
8.02 As used in this Agreement, the term "Claims" means (1) losses, liabilities, and
expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs,
including,but not limited to,investigation,removal,remedial,and restoration costs,and consultant
and other fees and expenses; and (4) any and all other costs or expenses.
8.03 As used in this Agreement, the term "Injury" means (1) death, personal injury, or
property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened
health effect; and (4) any consequential or other damages.
8.04 Landowner and HOA jointly and severally covenant and agree to at all times protect,
indemnify, hold harmless, and defend the Ditch Company, its directors, officers, stockholders,
agents,employees,successors,assigns,parents,subsidiaries,and affiliates from and against any and
all Claims arising from,alleged to arise from,or related to any Injury allegedly or actually occurring,
imposed as a result of, arising from, or related to (1) this Agreement; (2) the construction,
existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the
Facilities on or adjacent to the Easement; or (3) Landowner's or HOA's or both, or any other
person's presence at the Subdivision as a result of or related to this Agreement.
8.05 Landowner's and HOA's duty to protect, indemnify, hold harmless, and defend
hereunder shall apply to any and all Claims and Injury, including,but not limited to:
(1) Claims asserted by any person or entity, including, but not limited to, employees of
Landowner or HOA or both or their contractors, subcontractors, or their employees;
(2) Claims arising from,or alleged to be arising in any way from,the existence at or near the
Subdivision of water or ditches or reservoir or other associated facilities; or
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(3) Claims arising from, or alleged to be arising in any way from,the acts or omissions of
Landowner or HOA or both, their sublessees, invitees, agents, members, or employees.
8.06 HOA and Landowner shall maintain adequate liability insurance with standard waiver
of subrogation endorsement to insure the risks undertaken as a part of this Agreement in an amount
not less than one million dollars or such other amount set from time to time by the Ditch Company
naming the Ditch Company and the other indemnified parties as additional insureds. A certificate of
such insurance shall produced by the HOA and Landowner upon request by the Ditch Company.
9. Authorized Crossings of Ditch.
9.01. If Landowner is otherwise in full compliance with the terms of the Agreement,
Landowner, at its sole expense, shall be allowed to construct one bridge over the Ditch (the
"Facility"). No utility or other crossings are allowed across either ditch under the terms of this
Agreement. Construction of such Facility shall be completed in accordance with plans therefor
prepared by AMERICAN EAGLE ENGINEERING, LTD and INTERMILL LAND
SURVEYING,INC. (the"Facility Plan");and the Facility Plan shall be approved in writing by the
Ditch Company and also be approved in writing by the County of Weld, Colorado("County")prior
to the time that any construction of such improvements are commenced. The fee imposed by the
Ditch Company upon the Landowner for each such crossing shall be $1,000.00.
9.02 The construction of the Facility over the Ditch as described in the Agreement,shall be
completed on or before one year after the recording of the final subdivision plat for the Community
or March 15, 2005, whichever date occurs first. Notwithstanding the foregoing, without Ditch
Company's prior written consent, between March 15 and October 15 of any year Landowner shall
not be allowed to prosecute any construction of such Facility, utilities or realignment of the Ditch.
Further, Landowner and HOA shall assure that any portion of the Ditch that is affected by
Landowner's construction activities will be ready to carry water by March 15, or such later date as
Ditch Company shall specify in writing. Landowner shall coordinate all such construction with the
Ditch Company. No placement of any improvement within the Ditch Easement Parcel or
construction of crossings of the Ditch Easement Parcel by any person shall be permitted by
Landowner or HOA except in accordance with this Agreement.
9.03 Landowner and HOA shall indemnify and hold Ditch Company harmless from any
liability of whatsoever nature whether by way of tort, contract or statutory lien rights arising as a
result of any activities undertaken by Landowner or HOA under the provision of the Agreement.
Any and all damage,injury or loss suffered by Ditch Company as a result of any faulty engineering,
materials or construction of the Facility, and any necessary costs for repair or replacement of such
Facility,shall be accomplished promptly at the sole expense of Landowner and HOA. In addition to
any other remedies that the Ditch Company or its stockholders may have under law,Landowner and
HOA shall be responsible for payment of all consequential damages to the Ditch Company or its
stockholders, or both, in the event of a breach of this Agreement by Landowner or HOA.
9.04 Ditch Company shall have the right (but not the duty) at all times during any
construction or other activities on or near the Ditch to inspect the facilities under construction. The
Ditch Company shall have the right to order a cessation of work on any part of the construction that
is not in accordance with the plans or that may threaten the Ditch or its facilities from normal
operation.
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9.05 Landowner shall provide the Ditch Company any additional easement for the
purposes of maintenance,operation and use of the irrigation ditch,reservoir or other Ditch Company
facilities across or on Landowner's property,which easement shall be in addition to the easements as
shown on the Subdivision plat. Landowner shall make, execute and deliver to Ditch Company a
perpetual easement over and across such lands for the ditch easements on the form attached hereto as
Exhibit "B". Said easements shall be recorded at Landowner's expense, and Landowner shall
furnish Ditch Company proof of title by standard title commitment.
9.06 HOA and Landowner shall undertake and perform all maintenance of the facilities
installed by Landowner or HOA on,over,or under the Ditch(specifically including,but not limited
to, the Facility.
9.07 In the event Landowner fails to properly repair or maintain the Facility or their
appurtenant facilities over or under the Ditch or the Ditch as set forth above, then HOA and
Landowner shall be in default under the Agreement, and in addition to any other remedy available
under the Agreement or under law, the Ditch Company shall have the right to so notify the
Landowner in writing. Said notice shall be given by first class mailed at the last known address of
the Landowner. Said notice shall be deemed received three days after deposit in the U.S. Mails. In
the event proper maintenance has not been commenced thirty days after its receipt of such notice or,
once commenced,is not diligently pursued until completion,Ditch Company may perform or have a
third person perform the required repairs or maintenance. The actual costs incurred by Ditch
Company for such repair or maintenance shall be paid by Landowner and HOA jointly and severally
to Ditch Company or to the third person upon demand.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement this 4th day of
March, 2004.
THE CONSOLIDATED HOME SUPPLY
DITCH AND RESERVOIR COMPANY,a
Colorado
mutual irrigation company
,4Nt {/ ] President—Keene M. Markham
SSeec�retary—Delbert zer
Page 7
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STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing was acknowledged before me this 7� day of March, 2004, by Kenneth M.
Markham, as President, and Delbert Helzer,as Secretary of The Consolidated Home Supply Ditch
and Reservoir Company, a Colorado mutual irrigation company.
Witness my hand and official seal.
C22u_ a'
Notary Public _
My commission expires: �a p.210�
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I---
Landowner—FRANCISCO GARCIA
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing was acknowledged before me this 5day of March, 2004, by Francisco
Garcia, as Landowner.
Witness my hand and official seal.
Notary Public -
My commission expires: 1-7%-! 2VO-7
',eeea`+
Landowner—F & G LANDS, LLC, a
Colorado limited liability company, by
Francisco Garcia as sole manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing was acknowledged before me this 5 day of March, 2004, by Francisco
Garcia,as sole manager of F&G Lands,LLC,a Colorado limited liability company,as Landowner.
Witness my hand and official seal.
Cuvue �o �
Notary Public tiot=rt, '°
My commission expires: k ./X7/jam
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ACCEPTED AND APPROVED:
LIENHOLDER:
Co!crrlo Ccmmurrt;
1 C P cvc A;a
. ..,,... 3an,Cc:L;a o _
STATE OF C,C LC\Ct d
ss.
COUNTY OF Lae )
he foregoing was acknowledged before me th' 5 day of I')laA C ,2004,by
-ELLL , as vetch u2 ULt Otte asLienholder.
Witness my hand and official seal.
otary Pu lic
My commission expires: 5-(7 C to
DARCI N
AMAYA
. O
li$••
kilo
Page 10
1111111 11111 11111 111111 11111 11111111111 III illlll III IIII
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EXHIBIT "A"
COPY OF SUBDIVISION PLAT
(insert)
I
•
,et
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t
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'^mb,I �i�" r ?i , 7"
{t Itt; li} " FN YIpp F-1
qr 'li I .yi tdg; .� � �r �,•y' 4; �{rte+ ; 7 , ap •t
htJ :+ i ;n s isj•` �
Weld Cou nty,Cobrad . • J
Page I
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EXHIBIT 'B"
EASEMENT AND RIGHT OF WAY AGREEMENT
This Easement and Right of Way Agreement, made and entered into as of the 4th day of
March. 2004, by and between FRANCISCO GARCIA and F & G LANDS, LLC, a Colorado
limited liability company,hereinafter called"Grantor"(whether grammatically singular or plural).
and The Consolidated Home Supply Ditch and Reservoir Company. 1650 West 8th Street.
Loveland, Colorado 80537. hereinafter called the "Ditch Company.-
]. For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged. the Grantor hereby grants, sells, conveys and transfers to the Ditch Company. its
successors and assigns,the sole.exclusive and permanent right to enter,re-enter.occupy and use the
hereinafter described property to construct,reconstruct, inspect, upgrade. increase size or capacity.
operate, repair, maintain, replace. remove and operate one or more open irrigation ditches and/or
pipelines and/or reservoirs for the storage,transmission,distribution and service of irrigation water,
and all above ground and underground and service appurtenances thereto, including metering
stations, vaults, enclosures, identification signs, checks, headgates, dams and other fixtures, over,
across, under and upon the following described land, situate in the County of WELD, State of
Colorado, to-wit:
(insert legal description)
^ LOT B,CORRECTED RECORDED EXEMPTION NO. 1061-5-1 RE-3300,being a portion of
the West Half of the Northeast Quarter of Section 5,Township 4 North,Range 68 West of the
Sixth Principal Meridian, County of Weld, State of Colorado. [Assessor's Parcel Number
106105100053]. There are two ditches on said property and this easement applies to both
ditches.
The easement and right of way for ditches shall be 100 feet wide, being 50 feet on each side of the
center line, or 25 feet from the top of the bank of the ditch on each side, whichever is greater.
2. Grantor further grants to the Ditch Company:
2.01 The right to grade the easement area for the full width thereof and to extend the cuts
and fills with such grading into and on the land along and outside of the easement to the extent as the
Ditch Company may find reasonably necessary;
2.02 The right to support the ditches and pipelines across ravines and water courses with
such structures as the Ditch Company shall deem necessary;
2.03 The right of ingress to and egress from the easement over and across all of the land of
Grantor by means of roads and lanes thereon, if such exists, otherwise by such route or routes as
shall occasion the least practicable damage and inconvenience to Grantor;
2.04 The right of grading for,constructing,maintaining and using such roads on and across
the lands as the Ditch Company may deem necessary in the exercise of the right of ingress and egress
or to provide access to property adjacent to the land;
2.05 The right to install, maintain and use gates and/or cattle guards in all fences which
now cross or shall hereafter cross the easement;
2.06 The right to mark the location of the easement by suitable markers set in the ground;
provided that any such markers remaining after the period of construction shall be placed in fences or
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other locations which will not interfere with any reasonable use Grantor shall make of the easement;
2.07 All other rights necessary and incident to the full and complete use and enjoyment of
the right-of-way and easement for the purposes herein granted.
3. Grantor hereby covenants and agrees:
3.01 That Grantor shall not erect or place any permanent building,structure, improvement,
fence or tree on the described easement.and the Ditch Company shall not be liable for their removal
if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items.
3.02 That Grantor shall not excavate in or near the ditch and shall not diminish the ground
cover in the easement or over any water lines and shall not substantially add to the ground cover in
the easement or over the water lines or their appurtenances.
3.03 Grantor shall not grant any other easement, right-of-way, permit or license upon,
under or over said property without the written consent of the Ditch Company.
3.04 Grantor warrants that Grantor is the owner in fee of the above-described lands and
will defend the title thereto against all claims,and that said lands are free and clear of encumbrances
and liens of whatsoever character, except the following:
4. It is agreed by the parties:
4.01 Grantor reserves all oil,gas and other minerals in.on and under the above-described
lands. and Grantor shall not grant any right in the surface or otherwise that will materially interfere
with the rights and privileges herein granted to the Ditch Company.
4.02 Each and every one of the benefits and burdens of this easement and right-of-way
shall inure to and be binding upon the respective personal representatives,successors,and assigns of
the parties hereto.
4.03 The easement includes the right to clean by mechanical,chemical or burning the ditch
system,the right to deposit earth and other materials on the easement,the right to change the location
of the ditch within the easement or to place the irrigation system in an enclosed pipe.
4.04 The Ditch Company hereby expressly reserves an easement over and across the
Subdivision for the benefit of Ditch Company, its designated successors, their contractors.
employees.materialmen,and assigns for the purpose of conducting therein and thereon such work of
maintenance, improvement, construction, utility installation, development, and other reasonable
activities as the Ditch Company may deem necessary or desirable.
4.05 The Ditch Company is granted the full right and authority to cut, trim. remove,
destroy,or modify any trees,shrubs,grasses. structures,fences or other items within the easement or
not within the easement but may cause a hazard within the easement. Landowner, and any future
homeowners association, shall not plant. place or maintain any trees. shrubs, grasses, structures.
fences or other items within the easement, nor shall they plant. place or maintain any trees, shrubs.
grasses, structures, fences or other items in such a manner, nor shall they place or maintain fence
within the easement. Gates or cattle guards shall be installed in all fences so that the Ditch Company
has easy passage to its ditch and facilities. The Ditch Company shall be provided keys for all locked
gates.
IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor.
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GRANTOR
FRANCISCO GARCIA
STATE OF COLORADO )
) ss.
COUNTY OF )
-lb_foregoing instrument was acknowledged before me this day of March.2004,by
Francisco Garcia. as Grantor.
Witness my hand and official seal. �
Notary Public .'
My commission expires: Pip--x/07—
GRANTOR +++'
F & G LANDS, LLC, a Colorado limited
liability company, by Francisco Garcia as
sole manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing was acknowledged before me thisay of March. 2004, by Francisco
Garcia. as sole manager of F & G Lands, LLC, a Colorado limited liability company, as Grantor.
Witness my hand and official seal.
-�21Cx yr. ''�, '� ri19 •.z.
Notary Public
My commission expires: }a/0 /v-4—
Page 3
SURFACE USE AGREEMENT
THIS SURFACE USE AGREEMENT (this "Agreement") is made and entered
into this day of , 2005, by and between Francisco
Garcia, an individual residing at ("Owner")
and MAGPIE OPERATING, INC., a Colorado corporation with its principle place of
business located at 2707 South County Road 11, Loveland, Colorado 80537 ("Operator").
RECITALS
A. Owner is the owner of the surface (and related mineral interest) and is in
possession of certain real property described on Exhibit "A" attached hereto
and incorporated herein by this reference (the"Property").
B. Operator is the owner and holder of a leasehold and working interest in the oil
and gas estate underlying all or portions of the Property and is conducting oil
and gas production operations and intends to conduct additional drilling and
production operations on the Property in the future.
C. Owner and Operator desire to set forth their agreement with respect to further
oil and gas operations on the Property, the accommodation of development of
the surface, and to provide for cooperation between the parties and the mutual
enjoyment of the party's respective rights in and to the Property.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the covenants herein
made and the mutual benefits to be derived therefrom, the receipt and adequacy of which
are hereby confessed and acknowledged, the parties hereto agree as follows:
1. Use of Lands. Each of the parties covenants and agrees that is shall strictly
observe the terms and conditions regarding surface occupancy set forth in this
Agreement. This Agreement, and the rights and benefits granted and created
herein shall be effective as of the date of this Agreement. The provisions
hereof shall be considered covenants running with the land during the life of
this Agreement and all modifications and any assignment shall be subject to
the provisions hereof.
2. Drill Site Area. Operator acknowledges that the "Drill Site Areas" and
Production Facility Areas" reflected on Exhibit "B" attached hereto and
incorporated herein by this reference shall be used as surface locations for
future activities of Operator under this Agreement and under Operator's oil
and gas leasehold interest with respect to the Property (including, without
limitation, the drilling of any and all wells to any and all formations
underlying the Property covered by this Agreement). Such areas shall be in
addition to the "Existing Production Facility Area" also reflected on said
Exhibit "B." All references contained in this Agreement to the term "Drill
Site Area" shall also be deemed to refer to the applicable Production Facility
Area resulting from operations on said Drill Site Area.
Temporary access roads shall be available and used during drilling,
completion, recompletion and workover operations. Permanent access roads
to a Production Facility Area shall be approximately 20 feet in width and shall
be reflected on Exhibit "B". Operator shall have the right to move, maintain,
repair and operate derricks, drilling tools, vehicles and other machinery and
equipment necessary or incident to the drilling, testing, completion or
operation of all Drill Site Areas and Production Facility Areas.
3. Other Damages. If by any reasons resulting from the operations of Operator,
there is damage to real or personal property upon the Property which is not
associated with usual and customary operations, such as (but not limited to)
damage to livestock, structures, buildings, fences, culverts, cement ditches,
irrigation systems, and natural water ways, such damage will be repaired or
replaced by Operator, or Operator will pay reasonable compensation to Owner
for such additional damage.
4. Operational Restrictions. In conducting its operations on the Property,
Operator shall use its best efforts to keep the Drill Site Areas and Production
Facility areas free of weeds and debris. Upon prior notice to Operator, Owner
shall have the right to install, from time to time, such berms, screening and
landscaping as may be reasonable to Owner to screen any Production Facility
Area and any production equipment, at its sole cost and expense, as long as it
does not result in the increased risk to the health and safety of Operator's
employees or others, and does not interfere with the operation and production
and access to the well
5. Relocation. Owner may from time to time, request that Operator move, at
Owner's expense (paid in advance), flow lines, roads and production
equipment to enable Owner to better utilize, in Owner's reasonable judgment,
the surface of the Property. Movement of such flow lines, roads and
production equipment is conditioned upon Operator's reasonable
determination that such movement will not result in increased risk to the
health and safety of Operator's employees or others, and will not have a
significant adverse effect on Operator's ability to produce the affected well.
6. Land Development. Operator acknowledges that is the intent of Owner to
further develop the surface of the Property and adjacent property, and
Operator shall use commercially reasonable efforts in the conduct of all
operations pursuant to this Agreement to accommodate such use and
development, and to conduct its operations in such a way as not to interfere
with such use and development. Owner acknowledges that it is the intent of
Operator to conduct further drilling and production operations on specified
portions of the Property, and Owner shall use commercially reasonable efforts
in its use and development of the surface so as not to interfere with such
drilling and production operations.
7. Cooperation. Owner agrees to cooperate with Operator, at Operator's request,
in Operator's effort to seek approval by Weld County or the State ofColorado,
of the proposed oil and gas development on the Property and join in the
execution of any consents or other documents necessary to permit Operator to
pursue such approvals (subject, however, to the condition that the proposed
operation must be consistent with the terms and conditions of the Agreement).
8. Governing Law. It is expressly understood and agreed by and between the
parties hereto that this Agreement shall be governed by and its terms
construed under the laws of the State of Colorado.
9. Default Remedies. The parties to this Agreement acknowledge and declare
that it would be impossible or difficult to measure in money the damages
which would accrue to either party by reason of the failure of the other party
to perform its obligations as set forth herein. Therefore, should any dispute
arise or any action be instituted by either party to this Agreement, to enforce
the provisions of this Agreement, it is agreed that this Agreement shall be
enforceable in a court of equity by decree of specific performance, and also
that appropriate injunctions may be issued. Each of the parties hereto waives,
for itself and its successors and assigns, any claim or defense that an adequate
remedy exists in law. The remedies provided herein shall be cumulative, and
not exclusive, and shall be in addition to any other remedies available to a
non-defaulting party. In the event it is necessary for any party to engage in
the services of legal counsel in order to enforce or defend its rights hereunder,
the prevailing party in any such proceedings shall be entitle to an award of its
reasonable costs and expenses (including attorneys' fees).
10. Assignment. This Agreement shall be assignable, in whole or in part, by
either party, subject to the following:
A. Operator shall assign its interest in the Oil and Gas Lease(s) covering
the subject property only following written disclosure to the assignee
of this Agreement, and such assignment shall be expressly subject to
all terms and conditions of this Agreement, and the assumption by
assignee of all obligations of Operator under this Agreement.
B. Owner may assign an interest in this Agreement only in connection
with the conveyance of all or any portion of the Property, and then
only insofar as the Agreement pertains to that portion of the Property
so conveyed. Owner shall make any such assignment only following
written disclosure to the assignee of the existence of this Agreement,
and such assignment shall be expressly subject to all terms and
conditions of this Agreement (whether or not so stated therein) and the
assumption by assignee of all obligations of Owner under this
Agreement (whether or not so stated therein).
11. Headings. The headings in this Agreement are inserted for convenience only
and are in no way intended to describe, interpret, define or limit the scope,
extent or intent of this Agreement or any provision hereof
12. Binding Effect. This Agreement shall be binding upon and inure to the
benefit to the successors and assigns of the parties, and may be executed in
counterparts.
Francisco Garcia Date Magpie Operating, Inc. Date
January 10, 2005
From Hacienda Builders
1959 Bianca Ct.
RE: PK 1058 Lot B of RE-3300
On May 18, 2004 the Sheriff's department had the following recommendations for the
Garcia PUD II:
1. Designate an area by the entrance of the sub-division in which to place a
shelter for school children awaiting the school bus. This area should include a
pull off for the school bus enabling it to safely load and unload children out of
the roadway.
2. Develop a central drop off location within the sub-division for the mail so that
residents do not have to cross busy road to obtain their mail.
3. Present the name of street and address numbers to sheriff's office for
approval.
4. Place a permanent sign at the entrance of the sub-division detailing the name
of the sub-division and address. Plan for maintaining the sign. Individual
addresses need to be clearly marked for each residential site.
5. If the roadways within the sub-division are not maintained by the county,
property owners should be notified that sheriff's office will have limited
traffic enforcement powers.
6. A plan should be developed to maintain roadways within the subdivision
especially during inclement weather conditions foe emergency vehicles.
7. Sheriff's office is very supportive of HOAs. These associations provide a
contact for the sheriff's office and a means of maintaining common areas.
8. Oil wells within the sub-division need to be fenced in order to mitigate
potential for tampering.
9. Perimeter fence should be considered around body of water(ditch)for the
safety of the residents.
On November 9, 2004 verbal approval was given in a phone conversation by Mr. David
Tuttle upon contingency of the following resolutions:
1. A lit, concrete pad will be built off the Highway on open space to ensure safe
loading and unloading of school children.
2. One mail stop will be designated within the subdivision. Mail stop will be a
pull off from Hwy 60. It will be easy access to the residents of the 9 estates
and it will be easy for mail deliverer to get in and out.
3. Street name and address number range has been approved by sheriffs office.
Letter is attached.
4. A sign with name of sub-division and address will be placed at the entrance of
the sub-division. Individual addresses will be clearly marked.
5. Celeste Lane has been adopted by the County and thus will be a county mad.
6. Home Owner's Association will develop a plan for maintaining roadway
especially during inclement weather conditions for emergency vehicles.
7. A Home Owner's Association will be established
8. The oil well will be protected by a 6 foot chain link fence and posted to avoid
tampering.
9. The ditch is on private property and it will be clearly posted to mitigate
trespassers.
Garcia PUD II Sketch Plan
Case#PK-1058
January 10, 2005
In a letter addressed June 10, 2004,the Colorado Geological Department addressed
concerns specific to soil Engineering and foundation design, groundwater and perched
water, existing oil wells, and engineering requirements for the proposed individual septic
disposal systems.
In a phone conversation on 1/3/05, a verbal approval was given by Jill Carlson contingent
upon the following resolutions:
-Soils testing will be done in each individual lot for ground water and engineering
requirements.
- A 150'setback around existing oil well will be shown on all plats to address concerns
about contaminated soils.
* We concluded that these resolutions were satisfactory to Jill Carlson and were
instructed by her to write this letter on her behalf.
r
Nov-4;38-O4 12 : 18P town ..af berthoud 97O 51.2 O64O P.O1
•
11
( , ' Weld County Referral
•
O May 12, 2004
COLORADO
the Weld County Department of Planning Services has received the following item for review.
Applicant Francisco Garcia Case Number PK 1058 •
Please Reply By June 9,2004 Planner Kim Ogle
•
Project PUD Sketch Plan for Eight Estate Lots and one Agricultural Lot and 11.2 acres of
open space
Legal Lot B of RE-3300;being part of the W2 NE4 of Section 5, T4N, R86W of the 6th
P.M.,Weld County, Colorado.
Location South of and adjacent to State Hwy 60; 114 mile west of CR 5
Parcel Number 1061 05 100053
The application is submitted to you for review and recommendation. Any comments or recornrnendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive:response to the Department of Planning Services. If you have any furtrer questions
regarding the application. please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
Weld County Planning Department Design Review Meeting:
LiWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Signature •
c. i, v r /]ryrA ),/tZ / Date ( - - (7'Y
•
Ar3ency • Jet in, n--5 13 i itelek r'M&.
4wcrd(sourly l'h,:ninp Oerl. O1555 N. 17th Ave.Greeley,CO.80(31 4(970)353.6,100 ce.3540 4(9'10)104(.498 IAr
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Headquarters/Station 2
380 N.Wilson Avenue THOMPSON VALLEY Station 3
Loveland,CO 80537 275 Mountain Avenue
(970)663-6025 , Berthoud,CO 80513
Station I ��� Station 4
2100 N. Boise Avenue 4645 Sunview Drive
Loveland,CO 80538 Emergency Medical Ser vices Loveland,CO 80538
12-8-2004
Re: Garcia PUD II/F&G Lands LLC
Lot B of RE 3300
Case#PK-1058
Parcel# 1061 05 100053
Mr. Garcia,
We have reviewed our street maps and cannot find a duplicate street name in or district
for"Celeste Lane". We therefore would be in favor of you naming your street as such.
Thank You,
Randy Lesher
Assistant Chief
State Of Colorado 1998 Ambulance Service Of The Year
"A Service Provided by Thompson Valley Health Services District"
fl meat)
POSTALsotyICE
DATE: January 12, 2005
SUBJECT: Location and Placement of Centralized mailbox
TO: Whom it may concern
The Loveland Post Office and the Developer have agreed to the placement of a
CBU to be place at the corner of Lot 5 and Celeste Lane on the Garcia PUD #2.
If there is any questions please contact me at (970) 663-3010.
Tis a L uke
Growth Coordinator
Loveland Post Office
Big Thompson Conservation District
P.O. Box 154
Laporte, CO 80535
biutcd@larinet.net
970.493.1638
December 2, 2004
RE: Lot B - RE3300
Garcia II PUD
To Whom it May Concern:
On June 8, 2004 the Big Thompson Conservation district reviewed an application
for Francisco Garcia/Hacienda Builders for a zoning changing on Lot B - RE3300.
At that time the board found no conflicts with our interests.
Sincerely,
i)att LAI .1&14
Laurie Stutz, District Clerk
Big Thompson Conservation District
11/29/2004 14:47 FAX WELD CTY SHERIFF Ul001/001
Lletrioraridurri
To: Candy Garcia
CC: Kim Ogle
From: David Tuttle
Date: 11/29/2004
Re: PK-1058
I reviewed your request for the use of Celeste Lane. I find no duplicates of this name in the 3000
range of addresses. Your street name and addresses are approved.
Your letter stated that you were not planning to fence the irrigation ditch that runs through the
property unless it is a requirement. I believe that is the best procedure to follow and would still
recommend that it be done. I can only recommend that this be done;I do not have the authority to
require that-you do it
r
HiritriarirrW
Hacienda Builders
11/13/04
From Hacienda Builders
1959 Bianca Ct.
RE: PK 1058 Lot B of RE-3300
Attn: Mr. David Tuttle
This is in regards to our phone conversation on 11/9/04.
We are requesting approval for Celeste Lane at Lot B of RE-3300.
We are waiting for address#s from the county. It seems the range will be in the 3000s to
be consistent with Hacienda Heights. If that changes, we will contact you and let you
know.
In regards to the fence parallel to the ditch;the ditch is on private property and there are
at least 100 foot setbacks. Fran is posting the ditch area a private property/no trespassing
area. He is not planning on fencing unless required.
Thank-you,
h
Hacienda Builders
a 4 •
FrdaiC� /G_ Phone: 970-566-4956 g`'
Garcia- Francisco Garcia FAX: 4- .' w 1 " f **f
email:
Monday,June 21,2004
Kim Ogle
Weld County Planning
1555 N. 17th Ave.
Greeley, CO 80531
Dear Kim,
In response to your letter to me dated June 14,2004, concerning my Sketch Plan
application , I am writing this letter as documentation of my phone conversation with the
Town of Johnstown. You requested the applicant to contact several referral agencies that
had not yet responded. I spoke with the Town Planner, Mr. John Franklin today at
approximately 3:35 P.M. and he provided the following information. First, he indicated
that my land is outside of the Town of Johnstown's planning area and that they typically
do not respond to such cases but rather let the time allowed expire. Secondly,he
suggested that a letter.written by me on his behalf would be acceptable to satisfy this
request. Please accept this letter on his behalf and feel free to call him at 970-587-4664.
Sincerely,
Francisco Garcia
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