HomeMy WebLinkAbout20002405.tiff 07/05700 13:39 V970 667 6298 LANDMARK ENG. I7j003/003
07/05/00 15:34 UPRC 3 919706676298 N0.061 UO2
•!�" Union Pacific
writ Resources
July 5, 2000
Ms. Deanne Frederickson
Re: Mineral Rights/SW1/4 Sec. 7, T4N, RI38W, Weld County, CC)
Dear Ms. Frederickson:
Per your reque lease be advised that our property records show that no minerals or mineral rights
are owned b pion Pacific Resources Company under the above referenced property.
Sinter
Geor Peters
Real Estate Representative
2000-2405
EXHIBIT
P.U. Box 7 Fort Worth, '1'exas 76101-0007 (817) 321-6000 --✓
07/11/00 10:31 $970 667 6296 ..A:sllitlAR1t ENG. EXHIBIT
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Agreement for Water Main Extensions
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This agreement,made and entered inm this Z Ti day of .TU Al ,SIT • by and between LITTLE
THOMPSON WATER DISTRICT,hereinafter called the"District"and 144-121-11-Al 'CO ULT
hereinafter called "Customer", is upon the following terms and conditions, to-wit:
I. 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.
S. 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 CO the District.
D. 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 cull. 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 rap 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 iu
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 subsequcn
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 establishedor as may hereafter be establishedby 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 event that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years
.rom the date of this Agreement, then this Agreement shall become null and void.In such event, the District may setoff against thedeposit
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
(Rev.May 136) Pane 1 of 2
07/11/00 10:33 V970 667 6298 LANDMARK ECG. f'U3 _—
Agreement for Water Main Extensions
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,bur 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 rapt hereinafter provided within the above-described property,and each tap
shall not exceed 3/4 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 cap rcba tes 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 be 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 Scare of Colorado for the foreclosure of
mechanic's liens.§32.1.1001(1)(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 this Agreement to any person.
IN WITNESS WHEREOF, the parties hereto have set their signatures the day and year first above written.
T TT�L��E��THOMPSON W ER DISTRICT CUSTOMER
By: e i.4,6 ltf� / Z By: 7c/1 " I CYn6
Mailing Address. /3, C �o
Ratified by LTWD Board of Directors on: 6c?c-15 /3
re� &CW Telephone: ?7a 5-3 2 - --.6-00.1271) Real caescription for Agreement(''property '): flag c•oNTHsiWivd 6 25 no.
R Pnarl"N0fi ere afTH6 /rMinfid LEatia nAt,0r7-'W Na. I VI -�7- ' "R~
4" £'4A /9.4."1 S' ne1/4 /J AaSitt 'iv N6, aGaPCiVvr y6T AEeotrf) Ce•vrezmifl 32,645 4C .
4EGT-7oN 7 T9w,ysy7? 4 Wan at('00 &Fw
2) Amount of Deposit: $ Al/A- ,
3) Date Customer needs facilities: I/AAA/ 'NAi
4) Number of Northern Colorado Water Conservancy District units transferred to District: 5 . re 00 ?xmies ierp
5) Price per unit of Northern Colorado Water Conservancy District water: S - 7. VNkm:vtswV
6) Tap Size; 5/8 x 3/4 inches.
7) Number of taps to be installed: S
') Plat Provided? Yes No Wit MT
9) Number of new fire hydrants: UuhMYy Al
10) Fee for hydrants! $ t2;ea 674,
LTWD FORM 210 3m PfrG? pox y 1. 1,05-a to/Aer
(Rev.May B6) Page 2 of 2
WATER SUPPLY INFORMATION SUMMARY
Section 30-28-133,(d),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
SCHULTS MINOR SUBDIVISION
2. LAND USE ACTION REZONE A PORTION TO FROM AG:AGRICULTURE TOE:ESTATE FOR THE PURPOSE OF DEVELOPING 5 REIDENTIAL LOTS
3. NAME OF EXISTING PARCEL AS RECORDED AMENDED RECORDED EXEMPTION NO 1061-07-03-RE1129(RECEPTION NO.02345218)
SUBDIVISION FILING BLOCK LOT B
4. TOTAL ACREAGE 32.845 5. NUMBER OF LOTS PROPOSED 5 PLAT MAD ENCLOSED ® 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 ®NO
B. Has the parcel ever been part of a division of land action since June 1, 1972? ❑YES ®NO
If yes,describe the previous action
7. LOCATION OF PARCEL—Include a map delineating the project area and tie to a section corner.
'A OF SW 'A SECTION 7 TOWNSHIP4 Z N ❑S RANGE 68 DE ®W
PRINCIPAL MERIDIAN: Z 6TH 0 N.M. ❑UTE El COSTILLA
8. PLAT—Location of all wells on property must be platted and permit numbers provided. (There are no wells on site)
Surveyors plat ®YES ❑ NO If not,scaled hand&awn sketch 0 YES 0 NO
9. ESTIMATED WATER REQUIREMENTS-Gallons per Day or Acre Feet per Year 10. WATER SUPPLY SOURCE
LLS
HOUSEHOLD USE(Current Use) 0 EXISTING 0 DEVELOPED f 0 P PROPOSED EW AQUIFERS-(CHECK ONE)
Required Use: 2,250 465 GPD AF WELLS SPRING
eq gpm ❑ALLUVIAL O UPPER ARAPAHOE
WELL PERMIT NUMBERS ❑UPPER DAWSON GLOWER ARAPAHOE
COMMERCIAL USE N/A GPD
GLOWER DAWSON OLARAMIE FOX HILLS
IRRIGATION 100 units currently leased ODENVER ODAKOTA
to neighboring farms,no on-site irrigation GPD °.F ❑OTHER
at this time
STOCK WATERING N/A GPD ❑MUNICIPAL WATER COURT DECREE CASE NO'S
EASSOCIATION
❑COMPANY
OTHER GPD AF ®DISTRICT
NAME J ittle Thompson Water
TOTAL GPD AF LETTER OF COMMITMENT FOR
SERVICE ®YES 0 NO
11. ENGINEER'S WATER SUPPLY REPORT ❑YES ®NO IF YES,PLEASE FORWARD WITH THIS FORM.(This may be required before our review is completed.)
12. TYPE OF SEWAGE DISPOSAL SYSTEM
® SEPTIC TANK/LEACH FIELD ❑CENTRAL SYSTEM-DISTRICT NAME
El LAGOON 0 VAULT-LOCATION SEWAGE HAULED TO
❑ ENGINEERED SYSTEM (Attach a copy of engineering design) ❑ OTHER EXHIBIT
II z7
STATE OF COLORADO
- OFFICE OF THE STATE ENGINEER �F�a-
o '
Division of Water Resources • toR
9
Department of Natural Resources ��r -o
1313 Sherman Street, Room 818 +}�;.
Denver,Colorado 80203 'teas%
Phone:(303)866-3581
FAX:(303)866-3589 Bill Owens
Governor
http://water.state.co.us/default.htm
Greg E.Walther
Executive Director
Hal D.Simpson,P.E.
June 28, 2000 State Engineer
Ms. Deanne Frederickson
Landmark Engineering Ltd.
3521 W. Eisenhower Blvd.
Loveland, CO 80537
Re: Proposed 5-Lot Schultz Subdivision
Missing Referral from County
Dear Ms. Frederickson:
Please find enclosed the above-referenced subdivision proposal you recently sent to this office.
Pursuant to Section 30-28-136(1), referrals for review of subdivision proposals must come from
the board of county commissioners or its authorized representative, who, in this case, is Weld
County Planning Department. Today, a telephone conversation with Julie, of Weld County
Planning Department, revealed that this subdivision has not been filed with the county, and
therefore, not yet referred by them to this office. At the time we receive a referral from Weld
County, we will review and comment on the subdivision proposal pursuant to Section 30-28-
136(1)(h).
You may contact me with any questions. Please also be aware that "Schultz" or "Schults"
appears with two different spellings in your documents. Thank you in advance for taking note of
the subdivision review procedures for this and future projects.
Sincerely,
Kathleen L. Sullivan, P.E.
Water Resources Engineer Weld County Planning Dept
JUL 06 2000
cc: Harlan Schultz, applicant
Weld County Planning Dept. RECEIVED
KLS/kls: S:\Common\TEAM1\SUBDIV\Schults-no county referral.doc
Landmark Weld County Planning Dep.
ENGINEERING Ltd. JUN U7 2000
June 6, 2000 RECEIVED
Project No. SCHU 9F1I-011 Al
Office of the State Engineer
State of Colorado
818 Centennial Building
1313 Sherman St.
Denver, Colorado 80203
RE: Proposed 5-Lot Subdivision: Schultz Subdivision
Water Supply Information Summary
Applicant: Harlan Schultz
139 CR 46
Berthoud, Colorado 80513
Phone: (970)532-5001
Planner: Landmark Engineering
Deanne Frederickson
3521 W. Eisenhower Blvd.
Loveland, Colorado 80537
(970) 667-6286
Property: A portion of Lot B of the Amended Recorded Exemption No. 1061-07-3-
RE1129 Contatining 67.75 Acres, Lot A, Amended Recorded Exemption
No. 2668 (not yet recorded) containing 32.845 acres.
Section 7, Township 4 North, Range 68 W
Request: The applicant proposes to divide his 67.75-acre parcel into two parcels,
as shown on the attached plan. Parcel A will be further divided into 5 lots
in the future. Enclosed is a Water Supply Information Summary for your
information. Please forward a written response to the Weld County
Planning Department, Attention Kim Ogle, 1402 N. 17th St., Greeley,
Colorado 80631. Please copy myself and Mr. Schults, if possible.
Thank you for your immediate attention and assistance in this matter.
Sincerely,
Land rk Engineering Ltd. (it /--1
Deanne Frederickson
n
• Project Manager
3521 West Eisenhower Blvd. Dale Olhausen, P.E. &L.S.
Loveland, Colorado 80537 President
ENGINEERS • ARCHITECTS • PLANNERS • SURVEYORS
Loveland (9-0) 66-.6_286 FAX (970) 667-6298 Denver(303) 629-7124
McIntyre Lateral Ditch Co.
Weld County Planning Dep.
2900 Weld County Rd. 46
JUN 07 2000 Berthoud, CO 80513
RECEIVEDne:Fax: (9700)532-461367
May 30, 2000
To Whom It May Concern
From: McIntyre Lateral Ditch Co.
The McIntyre Lateral Ditch Company gives permission to Harlan Schultz , 0129 Weld County
Road 46, Berthoud, CO. 80513, to install culverts in the McIntyre Lateral on his adjoining
property for the purpose of driveways. The culvert must be no smaller than 36 inches and the
ends of the culvert must be in rock or cement.
Any cost incurred for the installation or repairs work needed at any of the locations where these
culverts are installed will be at the expense of Harlan Schultz.
If you have any questions regarding this letter,please contact Phil Pennock, President of the
McIntyre Lateral Ditch Company at (970) 532-2370.
Sincerely,
McIntyre Lateral Ditch Company
GIPtoe
Phil Pennock, President
K n Sterkel, Secretary & Treasurer
EXHIBIT
1 24
Stroh & Co.
DANIEL G. STROH REALTY FULL SERVICE REAL ESTATE
Broker/CRB/CRS/GRI/Auctioneer Residential/Commerical/Development
RAY D. STROH &Auctions Inc. Farms&Ranches
Broker Associate/Auctioneer
Auctions-Real&Personal
247 E. Fourth St. — Loveland,CO 80537
FAREN R. STROHt Equipment&Livestock
Broker Associote/GRI/Auctioneer Phone: (970) 667-2837
FAX: (970) 667-9721
May 23, 2000
Department of Planning Services
Attn: Mr. Kim Ogle
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: Case Number: Z-542 — Harlan Schultz/Schultz First Subdivision
Dear Mr. Ogle:
I have contacted you several times concerning the above proposal.
I was unable to attend the Planning Commission Meeting but sent my son Faren.
Faren indicated that the Planning Commission approved the proposal
unanimously.
I own an eighty-acre parcel adjacent to the subject to the East, another seventy-
five acres North and East, and another two hundred acres North; therefore, I
have a definite interest as to the development of the property.
I have no objection to Mr. Schultz's right to develop the property but rather that it
is done properly with on site and off site improvements. Presently Weld County
Road One is a dirt road very poorly improved and maintained. The other day
after a rain it was in terrible condition and very slick and muddy. To allow
additional residential traffic without improvement and maintenance is
irresponsible to the surrounding properties.
Presently, Weld County has allowed four residences on the Schultz property and
a commercial trash business which was subsequently sold a number of years
ago but suddenly has appeared once again. With your approval of an additional
five residences you now will have allowed nine residences and a commercial
trash business on an eighty-acre parcel. When I decide to divide my farms, I will
expect at least that density.
EXHIBIT
MLS
a®,r Your Confidence Is Our Pride Since 1954
In addition to being involved in agriculture, I also am a developer. A quality
product is an asset; a poorly developed property is a liability for all surrounding
properties.
If you have further questions, don't hesitate to contact me.
' crel ,
aniel G. Stroh
DGS/jeb
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