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Home My WebLink About20033188.tiff reli 6 410 '\(4414:1 MEMORAND M TO: Monica Mika,Planner DATE: 13-November-2003 WIlD e FROM: Peter Schei, P.E., Civi{' g Public Works Department COLORADO SUBJECT: PZ-1027 Filly Ridg P D(Building Permit -detention pond&berm) Weld County Public Works Department has reviewed this change of zone request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments ❑ The applicant submitted a Building Permit Application for a Retention Pond and Berm to Public Works on 08-October-2003, which is currently involved in a change of zone case(PZ-1027 Filly Ridge PUD). ❑ A Storm Drainage Report for Filly Ridge PUD,by LandProfessionals, LLC, dated October 30, 2003, was submitted to our office on 03-November-2003. Our department with the final plan application materials will review this report, since a thorough change of zone review was completed for this proposed development on 23-July-2003. Furthermore, a forthcoming planning hearing is scheduled for next week of which this drainage report was not a requirement. ❑ A brief overview of the Building Permit Application for a Retention Pond and Berm and the Storm Drainage Report for Filly Ridge PUD show: discrepancies with bottom of pond elevations, missing outfall structures, missing discharge points and conveyances, and inconsistent sizes of culverts/pipes /valve fixtures. Continuity between the Building Permit Application and the Final Drainage Report shall be achieved before construction begins. The proper design and operation of the proposed facilities is required during this review process. ❑ The Building Permit Application for a Retention Pond and Berm must be corrected to be consistent with the final drainage report and resubmitted for review by Public Works. ❑ The Public Works Department does not recommend construction of the detention/retention ponds for this proposed development until the development is given the Change of Zone approval and possibly approval of final plat. Recommendation ❑ The Public Works Department recommends approval of this change of zone. The applicant shall address the comments listed above at the specific step of the review process stated. The review process will continue only when all appropriate elements have been submitted. Issues of concern must be resolved with the Public Works Department prior to recording the change of zone and final plats: EXHIBIT PC: PZ-1027 Filly Ridge PUD(Building Permit-detention pond&berm) Email&Original: Planner r PC by Post: Applicant PC by Post: Engineer Page 1 of 1 s2cc3 N0V-17-2003 M0N 10:38 AM ENCANA 0IL&GAS(USA)INC FAX NO. 7209563600 P. 02 NOTICE OF RIGHT TO USE SURFACE OF LANDS STATE OF COLORADO COUNTY OF WELD THE UNDERSIGNED,lames P.Walcott,in his capacity as Attorney-in-Fact for ENCANA ENERGY RESOURCES INC.("EnCana"),with offices at 950 Seventeenth Street, Suite 2600,Denver,Colorado 80202,on behalf of EnCana,being first duly sworn,states as follows: EnCana is the owner of or has the right to an undivided interest in that certain oil and gas lease described on Exhibit"A"attached hereto and made a part hereof that cover and affect the following described lands: Township 2 North.Rangy 68 West•6e P.M Section 32:SW/4 containing 160.00 acres,more or less. Weld County,Colorado (hereinafter referred to as the"Leasehold"). The undersigned is familiar with the terms and conditions of the Leasehold and hereby confirms such as a valid and subsisting lease which has been extended beyond its primary term of years by the actual drilling and production from a well or wells capable of producing oil and/ r natural gas on lands covered by the Leasehold or lands which have been pooled or unitized therewith under the tams of the Leasehold or a modification thereof. Pursuant to the Leasehold,EnCana,its agents,employees,designees,co-owners, successors and assigns hold certain rights to use and access the surface of the lands described therein for the purpose of,among other things,the DRILLING,OPERATING,PRODUCING AND MAINTAINING OIL AND/OR GAS WELLS ALONG WITH THE LOCATING OF ROADS,CONSTRUCTING OF PIPELINES,TANK BATTERIES OR OTHER FACILITIES. ALL OF SUCH SURFACE USES ARE SUBJECT TO AND AS MAY BE PROVIDED FOR, ..- UNDER AND IN ACCORDANCE WITH THE TERMS MORE SPECIFICALLY SET FORTH IN THE LEASEHOLD,AT LOCATIONS AS DESCRIBED ABOVE. THE PURPOSE HEREOF IS to provide notice to all interested parties,their heirs, assigns and successors-in-interest that EnCana asserts its ongoing right to use the surface of the lands described above for the purpose of locating and drilling oil and/or gas wells and for other uses allowed by the Leasehold now and at some future dare. This notice is intended to remain in force for so long as the Leasehold,or any extension or renewal thereof remains in effect as to the above-described lands or any portion thereof. However,nothing herein contained shall be construed to limit the rights or enlarge the obligations of EnCana or any other party owning an interest in said lands or Leasehold. Further,this notice shall not be construed to modify or disclaim any interest of EnCana or any other party in any other valid lease or leases which along with the Leasehold may form a part of a pooled or unitized area for an existing well or which may become part of a future spacing unit or pooled area or may actually cover an interest in the specific lands herein described. FURTHER APFIANT SAYETH NOT. ENCANA ENERGY RESOURCES INC. �' r v Attomeyin act STATE OF COLORADO ) CITY AND )ss. COUNTY OF DENVER BEFORE ME,the undersigned,a Notary Public,in and for said County and State.on this'th day of November,2003,personally appeared James P.Walnut',as Attorney-in-Fact for EnCana Energy Resources �a..•�-�.uun'q.,/ al n • J Notary Public ₹� "• 'r 4� � 950-17.Shea,Suite 2600 2r•'i•'•. ? Denver,CO 80202 .MJt_ L^rea';I, 0a Exphes: '4.a . ,5; 005 {4n. C N0V-17-2003 NON 10:38 AM ENCANA 0IL&GAS(USA)INC FAX NO. 7209583800 P. 03 EXHIBIT"An Agtached to and made a part of that certain Notice of Right to Use Surface of Lands dated November -4P— from James P.Walcott on behalf of EnCana Energy Corporation covering certain lands in Weld County,Colorado. Lessor: Ray L.Nelson and Margaret B.Nelson Lessee: Martin J.Freedman Dated: May 6,1976 Recorded: Book 766.rec.N1688170 Lands: Townshio 2 North,Ranee 68 West,61.P.M. Sec.32:SW/4,W/2N W/4 lying south and east of the RR right-of-way,N/2SE/4 Except beginning at the East'A comer of the section,then west along centerline of section 1,484.5 feet,thence south 25°46'east 1,460.8 feet; thence north 0"4S'west 1,306.0 feet to point of beginning(containing 256.00 acres,more or less). END OF EXHIBIT"A" DRAFT! DRAFT! DRAFT! SETTLEMENT OFFER PURSUANT TO CRE RULE 408 ! , DITCH ACCESS AGREEMENT BOULDER AND WELD COUNTY DITCH COMPANY and FARFRUMWURKIN, LLLP 1. PARTIES. The parties to this License and Access Agreement ("Agreement") are Boulder and Weld County Ditch Company, a Colorado Nonprofit Corporation ("Ditch Company") and Farfrumwurkin, LLLP, a Colorado limited liability limited partnership ("LLLP"). Ditch Company and LLLP are jointly referred to as "the Parties." 2. RECITALS. 2.1. LLLP owns and plans to develop certain real property located in the west half of the southwest quarter of Section 32, Township 2 North, Range 68 West of the 6th P.M. in Weld County, Colorado, known as the Filly Ridge PUD ("Filly Ridge"). Filly Ridge is legally described in EXHIBIT A attached hereto. Ditch Company owns the Boulder and Weld County Ditch ("the Ditch"), a portion of which runs across Filly Ridge. 2.2. LLLP desires Ditch Company's permission to install two (2) Culverts ("Culverts") within the Ditch Company's prescriptive easement for the Ditch ("Ditch Easement") to carry drainage water across the Ditch. 2.3. LLLP agrees that its continued use of the existing access road along the north side of the Ditch within the Ditch Easement to access Out lot 2 of Filly Ridge shall not interfere with Ditch Company's use and enjoyment of the Ditch Easement. The location of the access road and LLLP's fields are depicted on the map attached hereto as EXHIBIT B. 2.4. This Agreement applies to the Ditch Easement on Philly Ridge and the lands within Filly Ridge only. DITCH COMPANY CONSENTS TO THE CONSTRUCTION OF THE CULVERTS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 3. CONDITION PRECEDENT. LLLP warrants that it has free and clear title to Filly Ridge, and there no outstanding liens, mortgages and/or deeds of trust on said property. 4. CONSTRUCTION. a , DRAFT! DRAFT! DRAFT! Ditch agreement SETTLEMENT OFFER PURSUANT TO CRE RULE 408 Page 2 r 4.1. LLLP shall be solely responsible for the completion of the Culverts pursuant to the plans and specifications engineered and stamped by WSI Weiland, Inc. attached hereto as EXHIBIT C. 4.2. LLLP agrees that the construction of the Culverts permitted hereunder shall proceed expeditiously and with reasonable diligence from the commencement of construction to its completion. LLLP shall commence construction of the Culverts no earlier than the date of the execution of this Agreement and the fulfillment of the condition precedent described in 13, whichever occurs later, and shall complete the Culverts no later than December 31, 2007. If LLLP does not construct the Culverts by December 31, 2007, then this Agreement shall expire and shall have no force and effect. 4.3. LLLP shall notify Ditch Company at least five (5) days prior to commencing the initial construction of the Culverts. LLLP shall notify Ditch Company at least five (5) days prior to commencing construction of any replacement or repair of the Culverts permitted by this Agreement, except for emergency repairs provided for in 9[6.3 of this Agreement. 4.4. The Culverts shall be constructed in such a manner so as not to interfere with the flow of water through the Ditch to the Ditch Company's shareholders. LLLP shall pay as liquidated damages one thousand dollars ($1000) per day for any day that the Ditch Company has a request for water from a shareholder or shareholders and cannot deliver water to the shareholder or shareholders as a direct and proximate result of the construction agreed to herein. 4.5. Upon completion of the Culverts, LLLP shall notify the Ditch Company. Ditch Company shall accept or reject the Culverts no later than thirty (30) days after completion of the Culverts. However, Ditch Company shall not be required to accept or to reject until and unless all fees billed to LLLP pursuant to this Agreement have been paid. Ditch Company's acceptance or rejection of the Culverts shall be in writing. If the Culverts are rejected, then Ditch Company shall specify the reasons for rejection, LLLP shall correct the errors and the above process shall be repeated. 4.6. Ditch Company's review and approval of the plans and specifications of the Culverts, attached as EXHIBIT C, is only for the purpose of verifying LLLP's compliance with this Agreement and shall not be construed or interpreted as a technical review or approval of Culverts' actual design or construction. Ditch Company's review and approval of the plans and specifications is solely for its own benefit and creates no benefit or right in any party. By reviewing and approving the plans and C:\PROGRAM FILES AMERICA ONLINE 7.0\DOWNLOADWART'.003CLEAN.11.11.03..DOC 11/19/033:29 AM MEW 2 DRAFT! DRAFT! DRAFT! Ditch agreement SETTLEMENT OFFER PURSUANT TO CRE RULE 408 Page 3 specifications, the Ditch Company is not warranting that the Culverts, if constructed in accordance with the plans and specifications, will comply with any applicable laws, engineering standards or safety standards. The Ditch Company shall not be liable as a result of any defects in the plans and specifications. Notwithstanding any consents or approvals given to LLLP by Ditch Company, LLLP shall be solely responsible for the accuracy, completeness and all other aspects of the plans and specifications. 5. PERMITS AND LICENSES. It is not known whether LLLP's construction, repair or replacement of the Culverts in Filly Ridge described in EXHIBIT A require any local, state or federal permits or approvals. It is LLLP's obligation to investigate and to determine the need for any such permits or approvals. Prior to beginning construction, repair or replacement, LLLP shall be responsible, at its own expense, for obtaining all applicable local, state and federal permits or approvals for constructing the Culverts and for complying with all associated local, state and federal laws and regulations. Permits or approvals include, but are not limited to, land use and environmental laws and regulations and specifically include the Endangered Species Act. LLLP shall indemnify Ditch Company for any and all costs, damages, fines and fees including reasonable attorneys' fees incurred by Ditch Company as a result of LLLP's failure to obtain such permits or approvals or failure to comply with all applicable laws and regulations. 6. MAINTENANCE. 6.1. The provisions, duties and obligations of this 1 6 shall apply to LLLP, its successors and assigns. 6.2. LLLP specifically agrees and pledges to maintain, to repair and to replace the Culverts within the Ditch Easement in Filly Ridge described in EXHIBIT A. 6.3. If LLLP fails to maintain, to repair or to replace any portion of the Culverts after seven (7) days notice, then the Ditch Company may, at its own option, conduct its own maintenance, repair or replacement. LLLP shall reimburse the Ditch Company for the reasonable cost of such work within thirty (30) days. In the event that LLLP fails to maintain, to repair or to replace the Culverts, LLLP shall be held liable for any loss, damage or injury to the Ditch Company. If the Ditch Company conducts its own maintenance, repair or replacement, then the Ditch Company does not waive the right to hold LLLP liable for damages caused by the LLLP's failure to maintain, to repair and to replace the Culverts. CAPROGRAM FILES AMERICA ONLINE 70\DOWNLOAD\PARTY.003CLEAN.11.11.03..DOC 11/19/03 3:29 AM MEW 3 • DRAFT! DRAFT! DRAFT! Ditch agreement SETTLEMENT OFFER PURSUANT TO CRE RULE 408 Page 4 6.4. In the event of an emergency, Ditch Company or LLLP may conduct immediate maintenance or repair of the Culverts but must give notice to the other party as soon as possible at the notice contacts identified in 113. If Ditch Company conducts said emergency work, LLLP shall reimburse Ditch Company for the cost of work conducted in Filly Ridge described in EXHIBIT A. Under no circumstances shall Ditch Company be responsible or held liable for damages to the Culverts resulting from maintenance or repair of the Culverts, unless such damages are the result of Ditch Company's gross negligence or willful misconduct. 6.5. LLLP shall, at all times, maintain with the Ditch Company the name, address and telephone number of a contact who shall be responsible for fulfilling the maintenance responsibilities set forth in 9[6 of this Agreement ("Responsible Person"). If LLLP wishes to change the Responsible Person, then LLLP shall provide to the Ditch Company, at least five (5) business days before the new Responsible Person becomes the contact, a written notice of Change of Responsible Person that contains the new Responsible Person's name, address and telephone number. The initial Responsible Person will be the following: Attn: Jon P. File Managing Partner FARFRUMWURKIN, LLLP 11811 Upham St. #12 Broomfield CO 80020 303-570-9798 7. INSPECTION. Ditch Company is permitted to inspect the Culverts or replacement and repairs of the Culverts during and after construction. Ditch Company's right to inspect the Culverts or replacement of the Culverts in no way relieves LLLP of its liability for improper construction or maintenance. Ditch Company's inspection is solely for the benefit of Ditch Company and creates no obligation to Ditch Company. 8. DITCH EASEMENT. 8.1. The Parties acknowledge that the Ditch Company currently owns a historical Ditch Easement that crosses Philly Ridge. LLLP agrees to allow and define on their Final Plan for Philly Ridge a Ditch Easement totaling fifty (50) feet wide being twenty-five (25) feet wide on each side of the Ditch center line where it crosses Filly Ridge described in EXHIBIT A. Nothing in this Agreement shall be construed as modifying or limiting the Ditch Company's Ditch Easement on Philly Ridge within said fifty (50) feet wide strip. LLLP's acknowledgement of said Ditch Easement on Philly Ridge shall not be construed as an admission by LLLP of the location and extent of similar easements owned by Ditch Company on C9PROGRAM FILESAMERICA ONLINE 7.0\DOW NLOADTARTY.003CLEAN.11.11.03..DOC 11/19/03 3:29 AM MEW 4 DRAFT! DRAFT! DRAFT! Ditch agreement SETTLEMENT OFFER PURSUANT TO CRE RULE 408 Page 5 properties other than Philly Ridge. The Ditch Company has the right to access the Ditch and the Ditch Easement twenty-four (24) hours a day and the right to use heavy equipment and to dump muck and debris from the Ditch onto the Ditch's banks, which is the Ditch Company's historical practice. The Ditch Company is solely responsible for the operation and maintenance of the portions of the Ditch occurring in Filly Ridge described in EXHIBIT A, not including the Culverts. 8.2. LLLP, its successors and assigns shall place no improvements or structures, including fences, berms, walls, trees or landscaping other than native grasses or agricultural crops and the aforementioned drainage culverts and associated improvements described herein within the Ditch easement without first entering into a written agreement with the Ditch Company. Ditch Company shall not be liable for any damage to such agricultural crops. LLLP, its successors and assigns shall place no crossings or facilities, other than the Culverts described in EXHIBIT C, over or in the Ditch Easement without first entering into a written agreement with the Ditch Company. Notwithstanding, with the prior permission from Ditch Company's superintendent, LLLP shall be allowed to perform repair and maintenance activities on the access road running along the north side of the ditch, and shall be allowed to remove deposits of muck and debris described in 1 8.1. Said maintenance of the access road and removal of muck and debris by LLLP shall be conducted in a manner so as not to interfere with Ditch Company's use and enjoyment of their Ditch Easement and LLLP shall indemnify Ditch Company for any damages resulting from said maintenance of the access road and removal of muck and debris. 8.3. Additionally, LLLP, its successors and assigns shall discharge no water into the Ditch or carry water in the Ditch without first entering into a written agreement with the Ditch Company or obtaining permission of the Ditch Company's ditch rider or superintendent, which permission shall not be unreasonably withheld. Said provision is not intended to apply to water carried in the ditch pursuant to shares of Boulder and Weld County Ditch Company owned by LLLP. 9. REIMBURSEMENT. 9.1. In addition to costs that LLLP has agreed to pay up to November 6, 2003 for the preparation of this Agreement by Ditch Company's counsel and engineering recommendations, LLLP agrees to reimburse the Ditch Company (or pay Ditch Company's Counsel directly) for additional reasonable costs incurred by the Ditch Company in reviewing this Agreement up to $300.00. C:\PROGRAM FILES\AMERICA ONLINE Y.0\DOW NLOAD\PARTY.003CLEAN.11.11.03..DOC 11/19/03 3:29 AM MEW 5 DRAFT! DRAFT! DRAFT! Ditch agreement SETTLEMENT OFFER PURSUANT TO CRE RULE 408 Page 6 9.2. Costs chargeable to LLLP shall be paid within thirty (30) days of the billing date. If payment has not been received by Ditch Company within thirty (30) days, then LLLP shall have breached this Agreement and Ditch Company may institute legal proceedings to collect the amount due and owing. 10. LIABILITY AND INDEMNIFICATION. 10.1. By virtue of entering into this Agreement, Ditch Company (1) assumes no liability for use, operation or existence of the Culverts described in EXHIBIT C; (2) assumes no liability for LLLP's construction of the Culverts described in EXHIBIT C and maintenance activities as set forth in 9[9[6 and 8; and (3) assumes no additional responsibilities or obligations related to LLLP's future or additional activities in Filly Ridge described in EXHIBIT A that are permitted or required by this Agreement except for damages or injury caused by negligent acts or omissions or by intentional acts of the Ditch Company, its agents, assigns or employees. 10.2. LLLP, its successors and assigns shall indemnify and hold harmless Ditch Company (including its officers, directors, employees and agents) and its successors and assigns for any claims, demands, awards, judgments of any kind or nature, defense and costs including reasonable attorneys' fees for damage or for injury to persons or property arising from or caused directly or indirectly by: (1) LLLP's, its successors' and assigns' operation, construction, maintenance, repair and replacement of the Culverts in EXHIBIT C; and (2) LLLP's, its successors' and assigns' occupancy and use of the land in Filly Ridge described in EXHIBIT A, except for damages or injury caused by negligent acts or omissions or by intentional acts of the Ditch Company, its agents, assigns or employees. 11. TERM. This Agreement shall be perpetual unless modified by Court Order, or modified by written consent of the Parties. 12. NOTICES. Any notice required or permitted by this Agreement shall be in writing. Notice shall be deemed to have been sufficiently given for all purposes when: sent by certified or registered mail, postage and fees prepaid, addressed to the party at the address listed below; or when hand-delivered to the party at the address listed below. DITCH COMPANY: COPY TO: Boulder and Weld County Ditch Bernard, Lyons, Gaddis & Kahn, P.C. Company Attn: Madoline E. S. Wallace Attn: Dan Grant, Secretary 515 Kimbark Street, P.O. Box 1826 P.O. Box 978 C:\PROGRAM FILESWMERICA ONLINE 7.0\DOW NLOAD\PARTV.003CLEAN.11.11.03..DOC 11/19/03 3:29 AM MEW 6 DRAFT! DRAFT! DRAFT! Ditch agreement SETTLEMENT OFFER PURSUANT TO CRE RULE 408 Page 7 Longmont, CO 80502-1826 Longmont, Colorado 80502-0978 LLLP: COPY TO: FARFRUMWURKIN, LLLP Stephen T. Williamson Attn: Jon P. File Managing Partner P.O. Box 850 11811 Upham St. #12 813 Main Street Broomfield CO 80020 Louisville, Colorado 80027 13. RECORDATION. This Agreement may be recorded by either Party in the offices of the Clerk and Recorder of Weld County, Colorado, and recording shall constitute notice of this Agreement to all persons or entities not Parties hereto. At Ditch Company's request, LLLP shall provide Ditch Company at the time of execution of this Agreement with a check in the amount of the actual cost to record this document and exhibits. The failure to record all or portions of this agreement because of the size of the documents shall not affect this Agreement. 14. BINDING EFFECT. The obligations and benefits of this Agreement shall -- specifically run with the land described in EXHIBIT A and shall inure to the benefit of and be binding upon the owners of the Filly Ridge, its successors and assigns. However, prior to the construction and acceptance of the Culverts, this agreement shall not be assignable by either party without the express written consent of the other party. Written consent may be withheld at the sole discretion of either of the Parties. 15. WAIVER. The waiver by any party to this Agreement to a breach of any term or provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach by any party. 16. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 17. ATTORNEYS' FEES AND COSTS. If any judicial proceeding may hereafter be brought to enforce any of the provisions hereof, including an action for specific performance and/or damages, the prevailing Party shall be entitled to recover the costs of such proceedings, including reasonable attorney fees and reasonable expert witness fees. 18. SEVERABILITY. In the event any clause, sentence or any portion of the terms, conditions, covenants and provisions of this Agreement are deemed illegal, null or void for any reason, or are held by any court of competent jurisdiction to be so, the remaining portions of this Agreement shall remain in full force and effect. C:PROGRAM FILES\AMERICA ONLINE 7.0\DOW NLOADWARTY.003CLEAN.11,11,03.,DOC 11/19/03 3:29 AM MEW 7 DRAFT! DRAFT! DRAFT! Ditch agreement SETTLEMENT OFFER PURSUANT TO CRE RULE 408 Page 8 19. CHOICE OF LAW. This Agreement shall be governed by the laws of the State of Colorado, notwithstanding its rules regarding conflicts of laws. 20. CAPTIONS FOR CONVENIENCE. All headings and captions used herein are for convenience only and are of no meaning in the interpretation or effect of this Agreement. 21. MODIFICATION. This Agreement may be amended, modified or altered only by a written amendment executed by both Ditch Company and LLLP. Dated: C:\PROGRAM FILESWMERICA ONLINE 7.0\DOWNLOAD\PARTV.003CLEAN.11.11.03..DOC 11/19/03 3:31 AM MEW 8 • O w WVWWS NAM I I. a I I -I !1, qt Q 1 \\- �$ 'r I 141 ri � � � \\Iii ��E F 11 \ �m1 \ a$ I I., I 111 \ Pei \ V III 1.1 \ i \ �a $<11 �� IF 8 �6 \ \ aaaggg '\ Il loH1 Ill , -\ + -<— m 1 \ t 1;4 Qat a� � II � I L i ‘ \ r I II' um / 1 ; � � \I 11,�j! } / .°-> \� \ �� \ \ X10 \ h 'II I I 'I I EgE /j v . - 8th \\ \\• s \\ ill Ia Vii/ 3 i ��:-a ---"‘a54*- N\ \ 11 t� \ — —take . — .. •' _- \_ GAS GAS al i filit " • RE a o lay o 0, 2 XI N 8 r x a 0., LANDPROfessionals,LLC FARFRUMWURKIN, LLC nnvo3 LANDPRO SHEET NO. Architects-Planners-Engineers CHANGE OF ZONE PLAT C- I F.Huri r ran nu. • ...,.. .-. <w. . r 1 II 1 1111 I Oil i a hi ii S MU'1 i • ,.,1 i 1:.•..,..;:!-Al4 I __I WI 1 JS &L _ 1 I • Viia l ' I�'0:II; , k,,, t IJIr 'j ' �� 1 1! ci 11 ?II !li5 t 1 it \ \ 1 \ ii ‘ ! !Illilik I 1i �1l:1 l I I �• ` !:Ii:::::'''*‘ t 11E � I )1 x. i \\ 1 0 . ly 3! I . .. ,.. .\!le t.".. r ,l\ I. i ,: ►, . \r 1 ,4 i . 1i HI \sq-411A---"• \--..„..\k•1 1• ( \s- ! t 1 'k•ii 1 . ••:\ I � 1�t .1 " 1f Ili, • t t ' .r A \ I I!Ill,!l` t / ;l ` j � \ +=l� e1 !t \ \ p` ., \ , . III ' Z� �. k' S --'� ' G = , 1 � ' l` ..\ \ y I i x s 1 t•'1 K,'\_\‘-\- � ., , te\ ,\ \ l'ir • \ \ S 1 ---.E..1 I :. r I .,ti f'3;,. .\\\i,(<c„ �� __ -- %i \.t, N_ .,.L._-Rte_:-\•--4-; _-._.� .--,. ... . .0 -14pw . An,,, Cr-`,':::---..--''' . --. I§ z .iselr .—_ 1 \ „. ‘. Mil ,; ! . ''..\ N 8 N S .0—, LANDPROfcssionals,LLC ANDRO w,cis;tccts Pt'nnwS •tnginten STORM DRA1NAV MAP DR-2 ) ) ) 4. 2' MIN FREEBOARD 1' MIN. COVER (TYP.) 2:1 MAX. SLOPE INV. OUT=4975.1* ' - .TOP EL.=4978.16 MIN. MAINTAIN 3:1 SLOPE WITH OUTFALL STRUCTURE W15EL=4973.8 \ DETENTION POND TO BE DESIGNED BY / � � 4. -- OTHERS. �</, / <\/X // �X% 5.5' MIN2—L4/ BOTTOM DITCH-4969.9 / � jj�� INV. INa4975.36 �/ \/)> TIE INTO DETENTION POND OUTLET STRUCTURE TO BE DESIGNED (DITCH EXISTING GROUND BY OTHERS. CROSSING DETAIL FOR NORTHEAST OUTFALL OF FILLY RIDGE PUD NOTES: 1. CONTRACTOR TO PROVIDE A CONSTRUCTION SCHEDULE FOR APPROVAL BY THE DITCH COMPANY PRIOR TO COMMENCING ACTIVITIES. 2. CONTRACTOR RESPONSIBLE FOR ALL EXISTING STRUCTURES WITHIN THE DITCH RIGHT-OF-WAY. -1,0REGO '44 3. FILLY RIDGE DETENTION POND AND OUTLET CONTROL STRUCTURE TO BE DESIGNED BY OTHERS. Q Ia5� 4. CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL UTILITIES WITHIN VICINITY OF CROSSING PRIOR TO ONt •. M'k'. J ''; CONSTRUCTION. V,•'off' 1 �� f 4. `r'/01YAt EN c../ REVISIONS FILLY RIDGE PUD STORM DRAIN CULVERT CROSSING ER. W�lens lac, OF BOULDER•WELD DITCH - ".. .... WELD COUNTY,COLORADO nog xnvam r ..._............ ��.' FARFRUMWIIKIN as •�,� +w J 'i,Va J •0F2 )) - --- — — - -- ___ _ _ 1 fLDITCH EXISTING GROUND \... cr.\—c rr —— STOP EL=4975.9 �r�� \ 5 97 .B \�/2*{/(' _`- — T� INTO DETENTION POND OUTLET /"C‘//// // BY OTHERS. TO BE DESIGNED OUTFACE STRUCTURE \ TO BE DESIGNED BY /4OTTOM DITCH=4970.1 4- -- j\/%. OTHERS. i _ \�\/ INV.-4973.0 16.-CIF-0-0.5% r }-INV.+4964.6 /, / .� \/4,/, \ A NV. OUT-4964.41 4' MIN. COVER CROSSING DETAIL FOR NORTHWEST OUTFACE OF FILLY RIDGE PUD NOTES: 1. CONTRACTOR TO PROVIDE A CONSTRUCTION SCHEDULE FOR APPROVAL BY THE 01TCH COMPANY PRIOR TO COMMENCING ACTIV111ES. 2. CONTRACTOR RESPONSIBLE FOR ALL EXISTING STRUCTURES WITHIN THE DITCH RIGHT-OF-WAY. 3. FILLY RIDGE DETENTION POND AND OUTLET CONTROL STRUCTURE TO BE DESIGNED BY OTHERS. . - q,)0 REQ/.j;,, 4. CONTRACTOR IS RESPONSIBLE FOR LOCATING ALL UTILITIES ITHIN VICINITY OF CROSSING PRIOR TO S •.. .. CONSTRUCTION. -VO • ' ;sy _ ', lit z REVISIONS FILLY RIDGE PUD STORM DRAIN CULVERT CROSSING girrr. y.a..he OF BOULDER-WELD DITCH _ •. sonar WELD COUNTY.COLORADO h rm fawns c- n�s��e_• FARFRUMWIRNW `• NS .aw j"'Men rSCWf DRAFT! DRAFT! DRAFT! DITCH ACCESS AGREEMENT LOWER BOULDER DITCH COMPANY and FARFRUMWURKIN, LLLP 1. PARTIES. The parties to this License and Access Agreement ("Agreement") are The Lower Boulder Ditch Company, a Colorado Nonprofit Corporation ("Ditch Company") and Farfrumwurkin, LLLP, a Colorado limited liability limited partnership ("LLLP"). Ditch Company and LLLP are jointly referred to as "the Parties." 2. RECITALS. 2.1. LLLP owns and plans to develop certain real property located in the west half of the southwest quarter of Section 32, Township 2 North, Range 68 West of the 6`h P.M. in Weld County, Colorado, known as the Filly Ridge PUD ("Filly Ridge"). Filly Ridge is legally described as lot A of RE-3474. Ditch Company owns The Lower Boulder Ditch ("the Ditch"), a portion of which runs across Filly Ridge. 2.2. Both parties desire to enter into an agreement to protect the Ditch Company's easement across Filly Ridge ("Ditch Easement") that includes the lands occupied by the Ditch and the lands adjacent to said Ditch necessary to operate, maintain and repair said Ditch. 2.3. LLLP and Ditch Company agree that the LLLP's continued use of the existing access to the small parcel of land bound by County Road 3 1/4 on the east, Highway 52 on the south, and the Lower Boulder Ditch on the north and west, containing approximately three quarters of one acre of land (a/k/a Tract A, of Filly Ridge), shall not interfere with Ditch Company's continued use and enjoyment of the Ditch Easement. The location of Filly Ridge, the Ditch, and the access are depicted on the map attached hereto as EXHIBIT A. 2.4. This Agreement applies to the Ditch Easement on Filly Ridge and the lands within Filly Ridge development only. 3. CONDITION PRECEDENT. LLLP warrants that it has free and clear title to Filly Ridge, and that there no outstanding liens, mortgages and/or deeds of trust on said property. 4. DITCH EASEMENT. r40, rt ; . �. .� 7 ..... DRAFT! DRAFT! DRAFT! Ditch Access Agreement Page 2 4.1. Nothing in this Agreement shall be construed as modifying or limiting said Ditch Easement. 4.2. The Ditch Company has the right to access the Ditch and the Ditch Easement twenty-four (24) hours a day and the right to use heavy equipment and to dump muck and debris from the Ditch onto the Ditch's banks, which is the Ditch Company's historical practice. The Ditch Company is solely responsible for the operation and maintenance of the portions of the Ditch occurring in Filly Ridge. 4.3. LLLP shall place no improvements or structures, including fences, berms, walls, trees or landscaping other than native grasses within the Ditch Easement which would interfere with the Ditch Company's ability to maintain said Ditch, without first entering into a written agreement with the Ditch Company. LLLP, shall place no crossings or facilities, over, under or in the Ditch without first entering into a written agreement with the Ditch Company. Notwithstanding, LLLP shall be allowed to maintain said access road, mow grass and weeds in the Ditch Easement and to remove deposits of muck and debris described in 9[ 4.2. Said maintenance of the access road, mowing of weeds and removal of muck and debris by LLLP shall be conducted in a manner so as not to interfere with Ditch Company's use and enjoyment of their Ditch Easement and LLLP shall indemnify Ditch Company for any damages resulting from activities. 4.4. Additionally, LLLP, its successors and assigns shall discharge no water into the Ditch or carry water in the Ditch without first entering into a written agreement with the Ditch Company or obtaining permission of the Ditch Company's ditch rider or superintendent. Said provision is not intended to apply to water carried in the ditch pursuant to shares of Lower Boulder Ditch owned by LLLP. 5. LIABILITY AND INDEMNIFICATION. By virtue of entering into this Agreement, Ditch Company assumes no additional responsibilities or obligations related to LLLP's future or additional activities in Filly Ridge that are permitted by this Agreement, except for damages or injury caused by negligent acts or omissions or by intentional acts of the Ditch Company, its agents, assigns or employees. 6. TERM. This Agreement shall be perpetual unless modified by Court Order, or modified by written consent of the Parties. 7. NOTICES. Any notice required or permitted by this Agreement shall be in writing. Notice shall be deemed to have been sufficiently given for all purposes when: sent by certified or registered mail, postage and fees prepaid, DRAFT! DRAFT! DRAFT! Ditch Access Agreement Page 3 addressed to the party at the address listed below; or when hand-delivered to the party at the address listed below. DITCH COMPANY: COPY TO: The Lower Boulder Ditch Company Bernard, Lyons, Gaddis & Kahn, P.C. Attn: , Secretary Attn: Madoline E. S. Wallace 515 Kimbark Street, P.O. Box 978 Longmont, Colorado 80502-0978 LLLP: COPY TO: FARFRUMWURKIN, LLLP Stephen T. Williamson Attn: Jon P. File Managing Partner P.O. Box 850 11811 Upham St. #12 813 Main Street Broomfield CO 80020 Louisville, Colorado 80027 8. RECORDATION. This Agreement may be recorded by either Party in the offices of the Clerk and Recorder of Weld County, Colorado, and recording shall constitute notice of this Agreement to all persons or entities not Parties hereto. At Ditch Company's request, LLLP shall provide to Ditch Company at the time of execution of this Agreement a check in the amount of the actual cost to record this document and exhibits. The failure to record all or portions of this agreement because of the size of the documents shall not affect this Agreement. 9. BINDING EFFECT. The obligations and benefits of this Agreement shall specifically run with the land described as LOT A of RE-3474 and shall inure to the benefit of and be binding upon the owners of the Filly Ridge, its successors and assigns 10. WAIVER. The waiver by any party to this Agreement to a breach of any term or provision of this Agreement shall not operate as or be construed as a waiver of any subsequent breach by any party. 11. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. 12. ATTORNEYS' FEES AND COSTS. If any judicial proceeding may hereafter be brought to enforce any of the provisions hereof, including an action for specific performance and/or damages, the prevailing Party shall be entitled to recover the costs of such proceedings, including reasonable attorney fees and reasonable expert witness fees. DRAFT! DRAFT! DRAFT! Ditch Access Agreement Page 4 13. SEVERABILITY. In the event any clause, sentence or any portion of the terms, conditions, covenants and provisions of this Agreement are deemed illegal, null or void for any reason, or are held by any court of competent jurisdiction to be so, the remaining portions of this Agreement shall remain in full force and effect. 14. CHOICE OF LAW. This Agreement shall be governed by the laws of the State of Colorado, notwithstanding its rules regarding conflicts of laws. 15. CAPTIONS FOR CONVENIENCE. All headings and captions used herein are for convenience only and are of no meaning in the interpretation or effect of this Agreement. 16. MODIFICATION. This Agreement may be amended, modified or altered only by a written amendment executed by both Ditch Company and LLLP. DRAFT! DRAFT! DRAFT! Ditch Access Agreement Page 5 Dated: LOWER BOULDER DITCH COMPANY, a Colorado nonprofit corporation By: , President ATTEST: , Secretary STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged before me this day of , 200__, by , as President of Lower Boulder Ditch Company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged before me this day of , 200__, by , as Secretary of Lower Boulder Ditch Company. Witness my hand and official seal. My commission expires: DRAFT! DRAFT! DRAFT! Ditch Access Agreement Page 6 Notary Public FARFRUMWURKIN, LLLP a Colorado limited liability limited partnership By: Jon File, General Partner STATE OF COLORADO ) ) ss. COUNTY OF ) Acknowledged before me this day of , 200__, by Jon File, as General Partner of Farfrumwurkin, LLLP. Witness my hand and official seal. My commission expires: Notary Public DRAFT! DRAFT! DRAFT! Ditch Access Agreement Page 7 EXHIBIT A MAP OF FILLY RIDGE, LOWER BOULDER DITCH, AND ACCESS ROAD • V a Wlq scow U II -\\ \ 1$ I iIr I ►, ,,,,.. � \ \ \_ il i ii r:o :l\ &1II \\ pm I \ �r fi �,-ki I I k \ .a \ g IF F iii -I III iii II I I I S` \ ...._1,62-, .:-\---\\ \ I ' I �L - log 4 +A Pi e I \'. \ \ II at \ \\ al YI D $ s•it—\ i1 l i\ ' its �` \\ \ h .11 L. li fit. �> . \cNs., ticc mt. \\ \ \ V^�' Gil '{ L — —�irT-- \\ \ \ I m \. \ ISSN _�• \� GAS GAS:G ai I atli I 1, G pN r, o 11 (92 ll!!ll 21 .ZJ 2 OO gi T� a < e E N i § LAND PRO RO LANDPROfessionals,LLC FARFRUMWURKIN, LLC iSieCT No. Architects-Planners-Engineers CHANGE OF ZONE PLAT C— I • Kisctte ‘4.-.1.... : " Weld County Referral ' July 11, 2003 C. • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Jon File - Filly Ridge PUD Case Number PZ-1027 I Please Reply By August 7, 2003 Planner ica Mika/Kim Ogle i Project Change of Zone from A (Agricultural) to P for 9 lots th E (Estate) Uses along with 3.68 acres open space. Legal Lot A of RE-3474; being part SW4 of Section , , R68W of the 6th P.M., Weld 3 County, Colorado. Location North of and adjacent to State Hwy 52; west of and adjacent to CR 3 1/4. Parcel Number 1313 32 300037 _ N 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 Commission Hearing (if applicable) September 16, 2003 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan AC We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: - e.2 Lh .L/e.� Signature � ✓ ll�` �4 Gate // �/c�/ 3 • Agency �/ w.r�i/ 2p'f / .:weLe O unt:S'ar ng .eot. . -__ `L '-"t Ave 3reAvey, _Ca51 •:.(972135.7-61C1)ex,.35a0 Y6s":7 302-e FILLY RIDGE PUD Developer: Jon File (FARFRUMWURKIN LLLP) Robb Casseday, Representative Case #PZ-1027 Planner: Monica Mika & Kim Ogle PT SW4 32-2-68 ZONED PUD/ESTATE IS NOT IN FLOOD PLAIN (0850C) IS NOT IN STORM WATER PROJECT AREA RIF AREA #3 LEFT HAND WATER DISTRICT ENGINEERED INDIVIDUAL SEPTIC SYSTEMS NATURAL GAS - KINDER-MORGAN UNITED POWER QWEST COMMUNICATIONS RE-1J, ST.VRAIN SCHOOL DISTRICTS MOUNTAIN VIEW FPD ERIE PO STANDARD ESTATE ZONE BULK REQUIREMENTS 9 RESIDENTIAL LOTS & 3.68 ACRES OF OPEN SPACE Lot 1 6089 FILLY LANE Lot 2 6087 FILLY LANE Lot 3 6085 FILLY LANE Lot 4 6083 FILLY LANE Lot 5 6081 FILLY LANE Lot 6 6079 FILLY LANE Lot 7 6077 FILLY LANE Lot 8 6084 FILLY LANE Lot 9 6088 FILLY LANE Outlot 6080 FILLY LANE Lin Dodge 11/19/03 • I' n •- .- ..1 i 4 FREDERICK It,* atQ �. h , , - - t..� `.1 r '1. ;. ': .arc ,.'. 10 l r.. , • ... 'C�,: I• nemft I� „ !� LL 4 FREDERICK . i �'--014.4,,,!_s„.„... 4 - „r., _ mow. Fsi .. • FREDERICK__ ti ti, _ 'II A 71 Et 1 I.`• t� I h �° q i� � .r. . #4,.., ,7,,,:.07, ,,,,,,...„ :1"-741/41: a ':. �i € . ,' I 1■ i x x w Ic- ° ♦_ p , Ya t4 . -' 'lie' SITE h' W a `1 :& _ .,ez. ••�1 ti hi 2 _ ��rsy+ ,► t .}. =an.kip f; 7*f't 1 { J '� a," ?0..W[ i'ft g'T 1i I c\ l = } / i� 4' x A ' R I DACOND -, _ fir— 5', _ lea } , UN a: - as '� I _mil 3 rf %We nri .... , • I ..,...,,g ; -4 c St ill . II \ II 1 \ { a I 11 gtm t` 1 \ 7! / 'ii I I ; ti iii , i \ •i'' \\ im % $ �� fi w'lI t l \ �° \ E Na IF 4, ggE % \ -\ x A 9a I III I f%vn� ,_It \ E T \IC .1 4Lic-,0000- - „ !5 sfig A, (-\\ isi I 0 \\ \ li at 14 it \ E \1 Ivb is > I ►- I I 6t� > .� v \ \ ^' � . I � fir/ _ � \ \ I h c /O9 ip 1 1 Ip_i_.....?_- -..,--1„,0"- -- N /� I�r ! -�. �•_ GAS GAS - Zili itili el _. Rog ® o ` Ili ■ im Ac, g z ,s_. ..._ K N 8 g LAND P RO LANDPROfessionals,LLC FARFRU`1WURKIN, LLC 11/12/03 Architects-Planners-Engin EXHIBIT CHANGE OF ZONE PLAT C- I I mve -:-- 12" ' Vfj/f —�CV.SRi4 `�L '26t' • -ter- • sumir . -- •rrs• ow !W{i o,A •,/ ?' $ �' r Otr 42/ i ,�i�Fy,yfe .. i 7. l;1'911 li rli 'IT II}}xr'lir I;} l i r?, l ,'I{�(1. i m 41 litt r'�`` ilbr.re e iiitrr r4a � `rt r�r`I r��Y • 9 Titer 'IIii r—,r-.---.-II -111Nfiriffirj:: -air Wriallifir RIONIMEDA a $ _.= h 1196 Jar ---rIIIIIIIIIwu_r.—.._ tiaraIlanar .- an Ina_a 1 intro,MOH sa--am St ARIA r • L0TB tee. �'• "...."-..err.. II AD NI Ig - - yM.••10 I. ISMS * J I Y SIM One "g••01111 Minna IONEr ijSSE jj � -warm INIMIT III••--,n warm I -MUM IllOgNIF LOT AA Zia ®� >E c "tin la r ma-- • ,rMarl• Marl WWII :ill r.atrrrrr.lit rare MUM M- -0-a- DATE LANDPROfessionals, LLC FarFrumWurkin, LLC +%+s/o2 .a.«a LAND PRO RO Architects - Planners - Engin Enna RE #3474 R E •e .qg J .. ` r . t� 4 & - �.`e.'y. r t >' \ f ' ' + l �4 - • , - -' NRi t fh y t fr ' R - EXHIBIT " y _ (4 ✓ CHAP 24 - DOES NOT require adjacent RE lot as part of Subdivision ✓ SEC 24-8-40.K.2 — Refers to creation of "Side-by- Side" RE lots ✓ SEC 22-2-60 — Does make provisions Urban Scale development ✓ SEC 22-2-190 — Compatibility with existing surrounding land uses: Carmacar Ranchettes (71 lots), Parkland Estates (38 lots) & The Point (37 lots) ✓ CHAP 23 & 24 — Meets the requirements for non- urban scale development as well as clustering ✓ CHAP 27 — Intent of a PUD is to "apply flexibility in developing land" ✓ THERE WAS NOT AN ATTEMPT TO CIRCUMVENT OR EVADE THE INTENT OF THE WELD COUNTY CODE A November 19, 2003 TO: Weld County Board of County Commissioners FROM: Mike& Virginia Shaw RE: Jon File Change of Zone#1027 (Docket#2003-80, PL 1690) This past year, and for the first time in over 50 years the Hauck Seepage & Hauck Pipeline have gone dry, or had minimal flow. This is water that our ground has used extensively, and originates on Mr. File's property. Mr. File claims that this particular subdivision has no bearing on our water, but with Mr. File's extensive work of moving di? on the entire parcel, it is hard to determine what area would affect this drainage. We are concerned that the proposed subdivision, especially north of the Boulder& Weld ditch, will continue to have an adverse effect on our historical and adjudicated water rights. (Specifically, the Hauck Seepage & Hauck Pipeline water rights were filed in 1972 and adjudicated in 1942). We request a written agreement be required with the owners of the subdivision insuring the constant flow of these historical and adjudicated water rights not be interrupted. We request that this document remains with Mr. File's file, and please do not hesitate to contact us should you have further questions. Thank you. O isOete f Michael S. Shaw Virginia N. Shaw P.O. Box 1227 Longmont, CO 80502 Ph: (303) 833-3970 V P jCCc��kr L�z.t- C '•s 617 4 t✓ File contains oversized map Please see original file Hello