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Home My WebLink About20041665.tiff BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS JUNE 27, 2004 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR USR-1473 IN THE AGRICULTURAL ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign S‘ige[pe of Pers n Pojs ng Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this9nay of\. , f, ( , 2004. WITNESS my hand and official seal. UALLL )1) 1 )(KJ/IL) Nbtary Public My Commission Expires: r 600 (-1 -7 , cx�l- /Glr5 t n w 0 4f Tiff,+ 1s iy . (a � A 4*t� tQ id Y � `%r � ,e n ei,�, ; . 4 i.tN E M me f9NCtkoic , , m m4 ktti 0� t' ', I.* i .. �: e+t � . em Kam .aa p' g titor wtLf ^'a s e. � • tit kRVN I D i Itak GCU t ^'*s4'�"'..-',n. i14 ��MC�EAYIC�![i!1! t�i � � O74q, i14 to as 57 k3@9• . .. ' i r S.e >8.) xG kv 5 .•n.d r r a L `/ 2 " UtLiLt. J 11 7 Water and Sewer Department +yu 1100 10th Street, 3th Floor • Greeley, CO 80631 • (970)350-9810 City of Greeley June 21, 2004 Mr. Tom Keberlein c/o Glen Droegemueller Attorney at Law Otis, Coan& Stewart 1812 56th Avenue Greeley, CO 80634 Re: 7710 37th Street, Weld County, Colorado --Lot A of Recorded Exemption 0959-29-RE200 Dear Mr. Keberlein: The City of Greeley currently provides residential water service to 7710 37th Street through a 1- inch water tap, as evidenced by Account No. 069-778001. Sanitary sewer service is not available in this area. It is my understanding that you plan to use the existing residential structure at 7710 37`s Street as a business office. Once this change is approved by Weld County, your utility account will be billed at the current outside City of Greeley commercial rate. Commercial use of this water tap shall be limited to the average residential customer's usage of 244,000 gallons per year due to water main capacity. Usage that exceeds this limitation will be subject to a raw water surcharge. Although Paragraph 3.e. of the water service contract for this property, dated September 6, 1963, requires you to dedicate raw water upon changing from domestic to commercial use, Greeley believes you are in the Evans growth path and will be required to dedicate raw water as an Evans customer. Therefore, a raw water payment is not required at this time. Greeley reserves its rights under the September 6, 1963 contract, including the right to require raw water dedication in accordance with Paragraph 3.e. in the future, if necessary. Please acknowledge your understanding of the conditions outlined in this letter by signing and returning this letter to me by July 15, 2004. Sincerely, hikeilej Doris Biehl Water and Sewer Administration Tom Keberlein Date Enc: Copy of G-L Shareholder's Domestic Water Agreement a SERVING OUR COMMUNITY • I T ' S A TRAD 7&e prom/se/o preserve and improve/Se qua%y of fife for 9reeley l4eroayL timely, courteous and cost e//ec/ice service. GREELEY-LOVELAND SHAREHOLDER'S DOMESTIC WATER AGREEMENT THIS AGREEMENT, Made this II 'f� day of� -�`'�'-' 1983;"by and' between the City • of Greeley, Colorado,hereinafter referred to as"City" and yru r'' f' `r). `"-" QA teretnafter re'—`'d to as"Sbarebolder,"W1TNESSETH: // ,DHFIliEAS, the City of Greeley and the'Greeley and Loveland.Irrigation Company encored`into a contract dated June 30, 1961 concerning City use.of certain facilities owned by the Shareholders of the Greeley and Loveland Irrigation Company which is hereinafter referred.to as "Basic Agreement" and,. WHEBES, the City is considering construction of a distribution grid to furnish water to the inhabitants 1n the area South and West of the City as provided in paragraph 2-B of the "basic Agreement,"and as recommended on Page 9 of the engineering report of Nelson, Haley. Patterson and Quirk dated January, 1982, and, as recommended to'the Council by Greeley Water Board February 4, 1963. and, WHEREAS, the Shareholders of record June 30, 1961 of the Greeley and Loveland Irrigation Company 1n the area South and West of the City desire'to obtain domestic water for their domestic use in accordance with.the "Basic Agreement," and, WHEREAS, paragraph 4-D of "Basic Agreement" provided for supplemental contracts to be entered into from time to time as the parties determine is necessary. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: • 1. In accordance with the "Basic Agreement," paragraph 2-B, the City shall furnish water to the Shareholder for the following purposes only. a. For those dwellings exieling upon the land at the date of this agreement and for two additional single family dwellings. b. For livestock and feeding purposes not to exceed 350 head of cattle kept or maintained upon the land for any one calendar month. / 2. That upon annexation of any tract or area to the City of Greeley, the area annexed.shell become entitled to all the water eervlce provided by said City and water service to the remaining portion of Shareholder's premises shall continue; how- ever, Shareholder shall not, by reason of this contract, acquire any vested or adverse right to continue the use of water from the Greeley Water System other than as provided in this contract 3. That in accordance with "Basic Agreement," paragraph 4-F, concerning subdivision agreements, Shareholder agrees: a. That upon annexation of any tract or area, to annex to City in units of 10 acres'unless officially platted sub- division of a different size has been approved by the Greeley Planning Commission. b. That the provisions of this paragraph shall apply only to Shareholder's premises to be annexed when devoted to urban uses and when contiguous on at least one aide to areas included within the City limits for the purpose of preventing any enclaves or islands growing in or on the edge of City: and furthermore that one primary consideration'hereof is that if the premises shall ever be embraced,or included within the boundaries of a tract or plat which is sought to be annexed to the City of Greeley,either by individual petition or by the City itself,then and in that event the Shareholder specifically agrees that he will consent to join in the annexation of such territory by the City of (Presley, subject only to the compliance by any such petitioners with all of the legal requirements pertaining to the annexation of territory to.a-municipality. Furthermore, that Shareholder does hereby emp2wer and irrevocably authorize and appoint the City Clerk of the City of Greeley, .Colorado, his lawful attorney in fact, for him and his place and stead to sign any such annexation petition as may be initiated.by the City Council itself, embracing the above described land within the territory to be annexed to the City of .Greeley, Colorado, and Sasreholder does hereby grant said City Clerk full power and authority to sign hie name-to.such petition, thereby binding Shareholder to all of the.terms and provisions of said petition as fully as he might do himself and for all intents and ,ee as if he himself had signed said•petition. it being thoroughly understood by Shareholder that a primary consideration b. the granting of the petition is Shareholder's covenant and promise to the City of Greeley, Colorado. Shareholder.further covenants and agrees for himself, hie successors and assigns, that if he falls to sign any such annexation petition when requested by the City, or fails to abide by each and every covenant therein contained, then and in that event this privilege or right to use water may be terminated by the City of Greeley, Colorado, upon the giving of 30 days notice in writing of its intention so to do. - c. That upon annexation to City or subdivision within 3 miles of City limits, Shareholder agrees to dedicate such - streets and highways and rights-of-way for drainage ways as-are heretofore .established by appropriate plan of the Greeley .Planning Commission and to a waiver of right to compensation through eminent domain proceedings for any buildings, improve- ;Mentz Or structures built or constructed on or over any street,highway or drainage-way specifically provided in any appropriate zastabliahed plan of the City Planning Commission, then on file in the office of the County Clerk and Recorder of Weld :County. Colorado. d. Upon the Shareholder's premises or part thereof being annexed or subdivided,then ea a condition for the continued water service, Shareholder shall comply with all ordinances and Greeley Planning Commission regulations concerning the platting of land, zoning, building construction, permits, Inspections, fire, safety, health, traffic, use of water and other applicable matters as fully as if said premises were Ideated within the City of Greeley, Colorado. e. Upon the Shareholder's premises or a part thereof being annexed or subdivided as defined herein,then as a part of the consideration for receiving water taps and domestic water service from the City of Greeley, the Shareholder will provide raw water rights not to exceed 3 acre feet of water per acre of land involved, to be transferred to the Citq as a condition of annexation or subdivision and.as a condition to continue to use and receive city water within the subdivided or annexed portion, the Shareholder agrees to transfer at that time the required water rights. The quantity of such water to be transferred shall be computed at 100% of the then capacity of the water rights transferred and deliverable under the Greeley and Loveland Irrigation company system. f. (1) That if any of the area herein described shall become a part of another town or city..then City shall have the c right to terminate the water service to that portion of that area that becc®es a part of another City or town. (2) If the Shareholder ceases to be a Greeley-Loveland Shareholder, then City shall-have the right to terminate r the water service to Shareholder's premises and all other terms of this contract shall be terminated. 4. That in accordance with "Basic Agreement," paragraph 2-B,concerning tap fees and plumbing regulations, Shareholder agrees • a. To pay all costa or charges incident to making taps,and installation of meters,as may be then in effect by India ance for the City of Greeley, and that said installations shall be made under the supervision of the Director of the Water c Department, or such other official as the City may designate b. To request and accept water taps on or along established County roads opposite Shareholder's present farm residences and from this point of delivery Shareholder agrees to pay for the installation of necessary water lines to his point of use. c. To accept the City water at the pressure as delivered la the distribution grid owned by City and if in the delivery of - water there is excessive pressure that would cause damage to the plumbing of Shareholder, the Shareholder agrees to furnish and install the necessary regulators or it additional pressure is needed Shareholder agrees to furnish his own auxiliary pumps. d. To comply with State of Colorado Plumbing Code and Permit Inspection by City of Greeley Plumbing Inspector for any facilities or structures tieing City water for the purpose of protecting the health of all-users on the Greeley water system. e. That the metered water rates as,provided to paragraph 2-B of the "Basic Agreement" shall be established as pro- C tided by the City of Greeley Charter adopted June 24, 1958. • f. To apply for '-. water tape of /v size, none of which exceed one inch,An e,-to be / / ..ad for domestic purpose"( an the Shareholder's property described as follows, to-wit: O_ 7,/..04,- i f 4 b of Section hC Township - " Norte -� f West of the-6G(PM., County of Weld, State of Colorado. I /t' *72,1 24 /z6 r? 2 —ie7 -65Z • • # �/ 7q3 J• u r..To use au estimated'r.-....1-' _,—.1_,/-__•—.___." gallons of water per month through the above tape. h. .To grant City permission to use necessary rights-of-way along the boundary of Shareholder's said property for the installation and maintenance of transmission lines and distribution grid system lines, provided, City shell reimburse Share- holder for crop damage and to irrigation or other structures of Shareholder, 1. That prior to annexation or subdivision, Shareholder will comply with all regulations and ordinances adopted by City for the use of domestic'water. That 1n' accordance with paragraph 4-A "Basle Agreement," it was the intent of City to acquire Greeley and Love rrlgation Company water rights from time to time and add to the present water supply of the City of Greeley, and as a part _ the consideration for thi`agreement and when Shareholder subdivides or annexes to the City and If he has more than 3 acre feet of water per acre, ands:owns other lands within the Greeley-Loveland District, then be:may transfer the amount df water in excess of the 3 acre feet to each other land;provided,11 said water is not so transferred as herein outlined, then City shall purchase and Shareholder shall sell said irrigation water and project water at a price agreed upon between the parties hereto but if a price cannot.betagreed upon then at the price as determined by a commieelon appointed by a.Judge of the District Court as in an eminent de tin.proceedings. b. In case. the Shareholder wishes to remove the project water from the Greeley-Loveland District, then the Share- holder shall give the City the first opportunity to purchase. 'The price on said water shall be established at a price which the Shareholder has a written offer from, and is willing to accept from a third party.This opportunity shell be exercised by Resolu- tion of the City Council within.16-days after receipt of written notice is given by.the Shareholder of his intention to sell the water. Failure of the City to pass said Resolution within 15 days of said notice of intent shall release the Shareholder. 6. That due to the quality of Boyd Lake water as shown in Table 9,page 18,Wheeler Report 068,City will be unable to use Boyd lake and/or Boyd Lake Pumping plant as provided in Sections 8 and 4 of"Basic Agreement,"thus this Agreement shall not be binding on either party hereto until an "operation agreement"is signed by City and the Greeley and Loveland Irrigation Company as to the use of Lake Loveland,Real/ nd Boyd Lake. concerning the storage and withdrawal of water owned by the city of Greeley. 1. That the definition of "subdivision" as referred to in paragraph 4.F of "Basic Agreement" shall mean the con- version of the land to a business,.commercial,industrial or scientific use or a commercial cattle feed:yard, es defined in the official resolution adopted by the Board of County Commissioners, or an urban housing development S. That all the-terms end:conditions hereof shall extend to and be binding upon the heirs, assigns and successors In interest of the parties hereto. 9. Whenever the word, he, his, or him, is used herein, such word shall also mean and include the words, she, they, hers, theirs or them, and the singular shall likewise mean and include plural. 1N WITNESS WIIEREOF,the patrles hereto have caused this Agr ent to be executed in duplicate. CITY OF CREELEY COLORADO By mVF n .l < nam. wA.,/ Mien - ,. :cw.clerk Approved as to substance: . • B. R. Cruce Cit.Manna Approved as to form: Thomas A. Richardson CC, M0CATIM7 STATE OF COLORADO ) se. COMITY OF WELD ) o , This:day appeared before me and x t known to me " the abo a named Shareholder, and acknowledged the enrntiott a foregoing Agreem " an power of attorney as his (hers) (their) free and voluntary act and deed for the until, and TinTneee tperotn stated. Witness my hand and official seal, ' My Commission expires: T J Y- L+J Gof'N)fy�'puC.S,c"-c-3eF .-- Form approved by City Council 3.8&1963.5, ` 'i_ m ".L. a Obi ` C L. o _ a CV i} f a > r. d € w' o•T C•. � r r �i 0 F o o e 1 y, d 6 9. O r. ) f ). . J ...., KCORNER INTERSECTION SIGHT DISTANCE J SIGHT I CURB \i"€"" OF EDGE OF PAVEMENT u) rn s PROPERTY LINE -' - D=15' ' g T � y OBSTRUCTION y N z -i 0 D m z o rrn z n Design Speed Corner Intersection a I I (MPH) Sight Distance (It)e z m E •• I I 60 650.. m r— p 55 583 - =o 0 in T) V7 50 515 mm m 45 465 2 0 c 40 415 O 0 c 35 363 uZ m A 30 280•.. m m ' 25 230... n 20 210... 1 —I V p z • Corner sight distance measured from a point on the minor road at 15 feet back from the edge of the major road pavement t a (flowline) and measured from a height of eye at 3,50 feet on the s minor rood to o height of object at 4.25 feet on the major rood. HI ..At 60 mph, stopping sight distance governs. r>J ...At Local—Local street intersections only, the "D" distance shall be O 0 ten feel (l0') and the sight distance skull be measured to the centerline of the street. Exhibit H is an oversized plat map highlighting future right-of-way locations Please see original file Hello