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Home My WebLink About20031417.tiff RESOLUTION RE: APPROVE REQUEST TO DELETE CONDITION OF APPROVAL#6 FOR RECORDED EXEMPTION #1696 - DAVID AND CHRISTINA HAAK WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated January 25, 1995, the Board of County Commissioners approved the request of David and Christina Haak, 6500 Weld County Road 86, Fort Collins, Colorado 80524, for Recorded Exemption #1696, for property which is described as Lot A of Corrected RE #367, located in part of the NE1/4 of Section 6, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado, with Conditions of Approval, and WHEREAS, David and Christina Haak have requested the Board of County Commissioners review Condition of Approval #6 for Recorded Exemption #1696 because, due to drought conditions, the one-half share of the North Poudre irrigation system is not producing enough water for the property owners to sufficiently maintain the landscaping, and a water tap for Lot B has been installed, and WHEREAS, on June 4, 2003, the Board of County Commissioners reviewed the recommendation of the Department of Planning Services staff and heard the testimony presented, and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of David and Christina Haak to delete Condition of Approval #6 for Recorded Exemption #1696, be, and hereby is, approved. 2003-1417 RE1696 C Pi-, 4n_ RE#1696 - DAVID AND CHRISTINA HAAK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of June, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELOUN Y, COLORADO ATTEST: ,G� ^a 1 I` vid E. Long, Chair Weld County Clerk to th fed: Q'rCj;,� 349 (1;:?.... `°, R bent D. den, Pro-Tem BY: Deputy Clerk to the Boar. Y= M. J Geile AP A O wi nin H. Jerke ounty Attor y Vaa I4IL04 Glenn Vaad Date of signature: ' 8 2003-1417 RE1696 AP44 MEMORANDUM WeTO: Board of County Commissioners COLORADO DATE: May 29, 2003 FROM: Michelle Katyryniuk SUBJECT: RE-1696 for June 4th 2003 Board meeting Board of County Commissioners, David Haak is requesting to delete the water memorandum described in item # 6 of the Resolution of Approval of Recorded Exemption # 1696. The reason for this request is because with the drought North Poudre Irrigation is not producing enough water for the Haak's to sufficiently maintain the landscaping. Therefore they have provided the necessary supply by installing a water tap for lot B. By deleting the water memorandum from the Resolution the Haak's would then sell this asset. The /planning ststaff is recommending approval of this request. Xt:eze Michelle Katyryniuk Planner :; A;J 2003-1417 MAY-02-03 FRI 07:39 AM WEBER COMPUTER LAB FAX:9704911998 PAGE 2 • March 18, 2003 Weld County Department of Planning Services 1555 North 17th. Avenue Greeley, CO 80631 Re: Recorded Exemption 1696/Water Memorandum Dear Planners: This letter is a formal request for deletion of the water memorandum as described in item #6 of Resolution of Approval of Recorded Exemption#1696 -Haak(See copy attached). We desire to rescind the agreement duc to circumstances explained herein. When the above described recorded exemption was approved in 1995, one of the requirements was: "Prior to recording the plat,the applicant shall submit to the Department of Planning Services evidence of the provision of irrigation water to Lot 13 in an amount sufficient to maintain landscaping of said lot. Any agreement, grant appropriation, or other such evidence of the provision of water shall run with the land". In conformity to this requirement,we drafted a water agreement(see attached copy)that was subsequently recorded in the public records of Weld County. We request the deletion of this water requirement due to the following: First, the one half share of water described in this agreement has delivered an average of 2.04 acre-feet of water each year for the past five years. (Sec attached water summary from North Poudre Irrigation). We estimate that there are approximately 10 acres that could be irrigated on lots A& B which would indicate a delivery of approximately .2 acre feet of water per acre to these two lots. As most irrigated crops in the area require from 1.5 to 2 acre-feet of water per acre, this is a very short,inadequate water right in the best of circumstances. Additionally, the North Poudre Irrigation Company minimum delivery is 40 inches (See attached letter from North Poudre irrigation regarding minimum delivery). The delivery of 40 inches of water equates to two acre-feet of water delivery in one day. Thus, in the past five years all of the water we have been entitled to is delivered in a one-day time frame. Obviously, one day of water delivery per year does not provide for irrigation water for landscaping to any measurable degree. Both irrigation supply and timing are inadequate for maintenance of any crop or surface vegetation. Secondly, this past year (2002)our water right was less than the minimum 40" delivery and we were unable to get any water delivered to us at all. We were even precluded by the ditch company from leasing our water to other parties. This year(2003) the water projection is for 1.25 acre feet per share,thus our one-half share would yield only .625 acre feet of water(See attached letter from North Poudre Irrigation). Once again, as we will not meet the minimum delivery we will be unable to get any of our water delivered to us. MAY-02-03 FRI 07:39 AM WEBER COMPUTER LAB FAX:9704911998 PAGE 3 With the above situation, we have an asset that provides us with little or no benefit, however we must still pay annual water assessment charges. The ownership of shares and payment of assessments in 2002 and 2003 has and will provide no water delivery at all to either Lot A or B. To mitigate the concerns of the Department of Planning Services regarding "water to lot B in an amount sufficient to maintain landscaping on said lot," we have purchased and installed a water tap for lot B (see attached documentation), which is a much more dependable source of water than the North Poudre water currently described in the water memorandum_ This expense was made to provide the necessary supply for maintenance of landscaping and will also provide domestic and residential supply for any future dwelling. We have used our existing water tap together with the new tap to provide for the maintenance of landscaping on both lots since the North Poudre irrigation water has been essentially non-existent. In summary in the past 5 years we have been provided a total of one day delivery per year of North Poudre irrigation water to both lots A& B; in the last year and with the current status, there is no water delivery at all. This amount of water is insufficient to maintain any type of landscaping. We would like the ability to sell this asset, as we are receiving no benefit from ownership of the North Poudre water stock but still have to pay water assessments. We have mitigated the water for landscaping concern by purchase and use of the water tap as a substitute supply. We therefore request your approval of removal of the water agreement requirement since a much more dependable water has been provided by the new water tap. Our objective is to obtain written agreement and permission from the Department of Planning Services to delete the requirement and we will subsequently draft a rescission of same to be recorded with the Weld County Clerk &Recorder. Should you need to verify any of the water information we have provided, please contact the North Poudre Irrigation Company at 970-568-3612 and ask to speak with the manager, Steve Smith. Please feel free to contact us any questions or concerns. We look forward to hearing from you. Thank you in advance for your prompt attention to this matter and the consideration of our request. Respectfully, David G. IIaak&Christina A. H 6500 WCR#86 Ft. Collins, CO 80524 970-484-5614 970-217-4514 enclosures MAY-02-03 FRI 07: 39 AM WEBER COMPUTER LAB FAX:9704911998 PAGE 4 • AR2u42317 WATER ECORDED EXEMPTIONLOTS NO. 69968 BEING A PART OF LOT A OF RECORDED EXEMPTION NO.967 LOCATED IN PART OF THE NE7/4 OF SECTION 6,TOWNSHIP 7 NORTH,RANGE 67 WEST OF THE 6TH PAL, ` WELD COUNTY,COLORADO. The present owners tithe above described parcels bland are DAVID O.HARK& CHRISTINA A.HARK. Prior to division of this parcel in to the above described tots,the entire property benefited from the ownership and use of 112 share of the North Youths Irrigation Water Stock for irrigation of the entire parcel. To maintain water availability to both above described lots,at least L4 share tithe North Poudre Water Stock or the equivalent water will remain with each of the above described Iota. Each of the above described lots are eerviced by separate headgatee and water delivery will not be through a shared headline. Should either of the above parcels be sold and separate ownership of the parcels occur,that at least 1/4 share of the North Poudre Water Stock or an equivalent amount of water will remain with each parcel. At present,North Poudre Irrigation Company will not split water stock certificates less than 1/2 share.Hs solo of either of the parcels occurs.a water agreement shall be drafted which will conform to this memorandum and also describes abated oasts and maintenance. Should a sale of either of the percale or both occur and at least 114 share of the North Poudre Water or the equivalent water be owned in fee simple to the respective parties,this memorandum will tanninato in its entirety. Parties of this agreement do not warrant delivery of said above described waters due to clementine.*Woad their contr a y_/y_ y-s_ David O.}leak Date Christina A.a ,##A 7.�4 4/-/7-`9.S•._ Date 2442317 B-1496 P-283 06/13/95 12:41P PO 1 OP 1 Weld County CO clerk & R 5. ecorder R DOC 5.00 ...., MAY-02-03 FRI 07:40 AM WEBER COMPUTER LAB FAX:9704911998 PAGE 7 BOARD OF DIRECTORS NORTH NORTH WELD COUNTY WATER DISTRICT GARY SIPh SON WELD ROBERTARNHRECIIT COUNTY P.O.BOX 56 JOHN JOHNSON 33247 HIGHWAY 85 CHARLES ACWJGER WATER RALPH PIiIQR DISTRICTLUCERNE,COLORADO 80646 MANAGER DON POSSELT PHONE(970)355-3020 • FAX(970)3960997 • E-MAIL:wateranwcwd.pq AC:CaUNT NUMBER SERVICE ADDRESS Ammer WNW:W1002006 NauruIWO 119101001 6500 WCR 86 FORT COLLINS, CO 90524 $ 21.00 Direct Billing&Customer Service inquires to DAVID G. 11AAK 970-356-3020 6500 WCR 86 Penalty is applied if payment is not received for 45 days. FORT COLLINS, CO 80524 Return this stub with your payment Thank you DETACH H5 n ACCOUNT M1t6ER__.._......, NAME AND SERVICEADORE99 BALING POMP) .. DAVID BAAK � 119101001 6500 WCR 86 01/20/2003 - 02/19/2003 FORT COLLINS, CO 80524 Prey.Bead Curt Read Usage that Amount Previous Balance 02/04/2003 Payment 31.50 02/19/2003 Stamlard Tap - 31.50 262 271 9 kcal 21.00 Current Amount 21.00 Total Amount Dug 21.00 Payments received after the 1Oth of the month may not be reflected on this billing. Eris 70% of 1.000 Acre Foot 228,096 r. .- Rental Water 0 1� ` , Transferred water 0 is , Allocation Adjustment 95,000 )~^+ �r1 E:417.1 �a izas YTD Usage 46,000 `v a ,+ r , . Remaining Allocation p + ,Yr„ to a -�'� 277,096 & e lnd fr ) Afar AP We, An AM Aug Sem art He, Doc am Feb MAY-02-03 FRI 07:41 AM WEBER COMPUTER LAB FAX:9704911998 PAGE 8 BOARD OF DIRECTORS NORTH NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON WELD RCUERTARtsRECHr COJfry P.O.BOX 56 JOHN JOHNSON WATHi 33247 HIGHWAY 85 CHARLES^ � DISTRICTLUCERNE,COLORADO 80646 RALPH PFtIORMANAGER DON POSSELT PHONE(970)3553020• FAX(970)3950997 - &MNL wateenwcad.om ACCOIMr NUMBER sERVCEADPRESS mama DUE trn innoo re MrDthir AID 296500000 -6502 WCR 86 $ 21,00 FORT COLLINS, CO 80524 Direct Billing&Customer Service inquires to DAVID G. HAM 970-356-3020 6500 WCR 86 Penalty is applied ifpayment is not received for 45 days_ FORT COLLINS, CO 80524 Return this stub with your payment Thank you. DETARI IERE AcrnItaasoeftt ..."NAne AND SERVICE AntsiESS _. SIWNO Pinto' DAVID HAAR 296500000 6502 WCR 86 01/20/2003 - 02/19/2003 PORT COLLINS, CO 80524 . ..—.. Pin Read tsar.Read Usage Usk Amount Previous Balance 21,00 02/04/2003 Payment - 21.00 02/19/2003 Standard Tap 9999 9999 0 kGal 21.00 Current Amount 21.00 Total Amount Dna 21.00 Payments received after the 10th of the month may not be reflected on this billing. re y 70% of 1.000 Acre Foot 228,096 Rental Water 0 Transferred Water 0 Allocation Adjustment a s Less YTD Usage 0 Remaining Allocation 228,096 Mee Aw May Jun Jul Nub^s14 Oa Nov Ds Jan Fee MAY-02-03 FRI 07:41 AM WEBER COMPUTER LAB FAX:9704911998 PAGE 9 7 L DATE I2/3i/'9 so. 1349 y c L RECEIVED FROM Mao-k v ?c) C? ADDRESS �� ioc-R9'(o • 2, DOLLARS $ )8'.D -- .. 2 iii cc ti; DR ( Ol C,J O FOR 'c 6010 . .. t;t,. .. ate- ti. anAMr.ti DF t i tg 4..MintalliMMOI �AMmI..PAID 'M EM CHECK n_ i 'T�— a-- a BY F 2-Sri-ilD i MAY-02-03 FRI 07:41 AM WEBER COMPUTER LAB FAX:9704911998 PAGE 10 ` I North Poudre Irrigation Company P. O. Box 100 Wellington, Colorado 80549 February 24, 2003 Dear Shareholder: As we all try to find the best way to get through this year, the North Poudre Irrigation Company (NPIC) Board of Directors is seeking your help in setting up a"rental pool" that we hope will ease the burden a bit for all the shareholders. The Board is committed to trying to establish rules that will be fair to all shareholders, yet flexible enough to provide as much benefit to the community as possible. We know that it will be very difficult or impossible to meet the needs or desires of everyone, but we would ask for your cooperation in getting through what looks like an extremely difficult year. Supply Conditions. The projected supplies available to distribute among the NPIC shareholders continue to be bleak. In 2002 we had the lowest runoff on the Poudre River since 1884 and experienced very hot and dry weather. Snowpack conditions this winter have continued to be very low. These conditions have left all water providers in the area with critically short supplies going into 2003. The municipal shareholders in NPIC, including the City of Fort Collins, the local water districts, and several towns, are also experiencing severe shortages. Because of these conditions, there has been considerable interest by NPIC shareholders to set up a "rental pool" operated by NPIC to trade or rent water among the various shareholders. The municipal entities have a desire to rent "multiple-use"(MU) water from agricultural users and to rent "ag water"(AG) to the agricultural community. Many fanners recognize the futility of trying to irrigate with short supplies and would prefer to rent their NPIC shares out to others. A few farmers have expressed a desire to trade or rent in the limited supply of"ag-water"to try to irrigate during 2003. With anticipated shrink and proposed water delivery amounts, the Board is not optimistic that water can be delivered to headgates even if you don't rent your water. For this reason the Board encourages participation in the pool. Any water not rented or delivered will remain in storage to the benefit of the Company and its stockholders. Appropriation. Recognizing the need for both farmers and municipal users to firm up their projected supplies and plan for this year as soon as possible, the NPIC Board set an appropriation for this year at a special meeting on February 19, 2003. They also established the basic rules for the operation of the rental pool. The appropriation for 2003 will be 1 AF/share for "multiple-use" and 0.25 AF/share for "ag-water" for a total of 1.25 AF/share: It is not anticipated that any additional appropriations will be made during 2003. Rental Pool Rules 1. The attached form, "NPIC Rental Pool Designation Form" shall be used to participate in the trading or renting of any NPIC water that you either own or control. You are encouraged to place your MU water in the pool because you can't rent it on your own. You can rent your AG water yourself but realize it will be impossible to insure delivery. AG water can be used only within the NPIC system. All rentals will be done through the NPIC office and are subject to approval by the NPIC Manager or his representative. 2. Stockholders can place either MU water, Ag water, or both in the rental pool. If you desire to irrigate you can rent water back from the pool for that purpose. The deadline for stockholders to participate MAY-02-03 FRI 07:41 AM WEBER COMPUTER LAB FAX:97O4911998 PAGE 11 in the program will be 4:00 PM March 10, 2003. If you decide to not participate in the rental pool, you increase your risk of not having the water available for delivery. Disbursement from the pool of MU water and AG water will not take place until March 17,2003 or later. 3. Stockholders will not be allowed to split MU water going into the pool. The only exception is those stockholders who turn part of their MU water in to water districts to offset water surcharges. Water rentals made prior to the February 19°' Board meeting will be excluded from the rules for the "rental pool". 4. NPIC stockholders have the first right of refusal to rent MU or AG water. 5. Both spring and fall assessments must be paid by 4:00 PM March 17,2003, in order to participate in the rental pool. If you desire not to participate, the normal due dates for assessments will remain as stated on the billing. 6. You must also sign and deliver to NPIC the "Affirmation, Release and Waiver Regarding Water Leases" with your "NPIC Rental Pool Designation Form". If both documents are not returned you will not be in the pool. 7. If all pool water is not rented, proceeds to share holders will be prorated based upon the total MU (and/orAG) water leased in proportion to the water you placed in the pool. Alternatively, if NPIC share holders request to rent more water than is available it will also be prorated for rental purposes. Water Criteria. 1. Ditches must be at 2/3 capacity in order to run. 2. The minimum water order will be 40". 3. The river system will have a one time only delivery. Pump Permits: Those stockholders with pump permits are also expected to make your payment as usual. Pump permits will be required to have 5 AF of water in their North Poudre water account before using their pump. If you desire to participate in this program, please fill out the attached "Affinnation, Release and Waiver Regarding Water Leases" and "NPIC Rental Pool Designation Form." If you have questions regarding the operation of the rental pool,please contact the NPIC office at 568-3612. Sincerely, Gary Simpson,President J1 NPIC Board of Directors Cc: Steve Smith,Manager Attachment MAY-02-03 FRI 07:42 AM WEBER COMPUTER LAB FAX:9704911998 PAGE 12 ANNUAL COST COMPARISON $1,569,823.00 Year Assmt. Ac.Ft/Share Cost per :delivered Ac.Ft. 1,280,300.00 1.985 100.00 4.31 23.20 329,670.00 1986 75.00 5.6s 13.27 1,609,970.00 1987 75.00 4.00 18.61 1988 75.00 4.80 15.63 (40,147.00) 1989 75.00 4.25 17.65 1990 75.00 4.48 16.74 e for viewing at the office. 1991 75.00 4.12 18.20 1992 75.00 4.11 18.25 1993 75.00 4.97 15.09 1994 75.00 5,16 14.53 1995 75.00 3.90 19.23 1996 75.00 5.20 14.42 1997 85.00 4.62 18.40 1998 85.00 4.63 18.36 1999 85.00 4.01 21.20 2000 50.00 4.56 10.96 2001 60.00 3.98 15.08 2002 65.00 3.24 20.06 RECOMMENDED 2003 ASSESSMENT $ 8.00 for Water Assessement 33.00 for CWCB loan retirement 44.00 for Operation and maintenance $ 85.00 $ 51.00 per share due and payable April 1,2003, interest at 1-1/2% per month charged after May 1, 2003. $ 34.00 per share due and payable October 1, 2003, interest at 1.1/2% per month charged after November 1, 2003. No water will be delivered on delinquent accounts. All pump permitees will be required to have 5 acre feet of water in their accounts at the start of the water season, Total assessments of$85.00 per share are due April 1, 2003 on five shares or less. 7 \ \ ICI I IL �T T_ v� � - \\\\\\ 1 I v v,1 I--- I v \� - J , _______L_ „ - / - _I This /••dot has/bee •- eloped solely for in -mat use o rb/by Weld•ounty.The GIS_tAbas a ' 1 data i 1h4 pr uct is ubj• I to constant than!a and t e accuracy an. .etenesk cannot be IVr \ el es gnwere l ion of lots or paor els or land fuses in the to ..a• do ply e - t not nteed The - I that t e Igt�s or Parcel were le -Hy created or hat t uses comp •• le or Lal law. UNDE NO CIR MSTANCE HALL,TH RODUCT E USED F• . . • A . S N!D W RANTIF r n igwaw - _ ,. EITHER EXPRESSE�•SOR IMPLI' • •5 TOT E C PL ENESS, ' CURACY,'I R ANY RECT, LET♦ —Il I ._ - scanning,aRbyany 111Ci1c O,N including,. rar eval- -. .,'e yni,w echa i - . ::. . co CORRECTNESS OF UCH PRO U• NO \ - \ _., the THEREIN. No part o the product may be ed,r produced or ra Ned GI any 'rm or by any recording Ilihe exprew —=_. , wdden consent at W11tl County. _ Bla . . . ..• es L Larimer County _ 1 ► N, I II C h i ! X � " ra� ' . Facilil nds Dairy • ,000 oviks v ` n , o. bus. Remo t P a._ �. \ v\ ��\\ l ' evera �c: 1 J. 3 , \ � \ - r �• � Raido over a�< v ,' � )3. 1 rP1 r J l5T \ it -) s v \� L i � .w , I �ef! 1 � , . Pr____L. I • • I i I 10 ll� I 1 - F • • Lot B '''''''''N,,, 5.86 +/- • • •• acres RE-' 696 N --7 Lot A /7 5.77 +1- acres / / product has been develo ed solely for internal use only by Weld County.The GIS database and I I I ,I in the product is subject t constant change and the accuracy and completeness cannot be and i}' guaranteed. The designati n of lots or parcels or land uses in the data base does not imply the tots or parcels were le ally created or that the land uses comply with applicable State _ __II 'cal law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL IGN PURPOSES. WELD OUNTY MAKES NO WARRANTIES OR GUARANTEES, 1ER EXPRESSED OR IM LIED AS TO THE COMPLETENESS,ACCURACY,OR ERECTNESS OF SUCH P ODUCT,NOR ACCEPTS ANY LIABILITY,ARISING FROM INCORRECT,INCOMPL TE OR MISLEADING INFORMATION CONTAINED REIN. No part of the prod t may be copied,reproduced or transmitted in any farm or by any s whatsoever,including, ut not limited to,electronic,mechanical,photocopying,recording, / an by any informatio Coun retrieval system or any non-approved purpose without the express an consent of Weld Coun �_it _ I - y'Y L^t sr,.Y N� y jy��'�IIIB _ S � �� a� �W♦ 1 W r' r p a p RE-1 = . Rx: gp,] K A f $-7/7.;..� { GaVP µ vy� y 2 • � I t ' ; 6 �a*ya. .:�, a! ...� - z +a[ slew 'x£xy {•- product has been developed solely for internal Use only by Weld County.The GIS database in the ee duTt is subject to constant tlots w parCelsordepd uses m the data base 4066 Pot+ � � '> � - � f � the lols or parcels were Iegaeypf sot oSla7and uses comply with applicable Slate L `` ^" ,cal law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL I .K ` ION PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, ;'_ IER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS,ACCURACY,OR d� y i IREC TNESS OF SUCH PRODUCT,NOR ACCEPTS ANY LIABILITY,ARISI NQFROM I / c INCORRECT,INCOMPLETE OR MISLEADING INFORMATION CONTAINED { x to y +t k ,4 ; 4 REIN No pan of the product may be copied,reproduced or transmitted in any form or by any {{ , s whatsoever,including,but not limited to,electronic,mechanical,photocopying,recording, ,+; fling or by any information retrieval system or any non-approved purpose without Rte express { { 4 en consent of Weld County. e v tro r tfs b T� �r 3 t fr �` e ale y„ a ai'r Hello