HomeMy WebLinkAbout952064.tiff CERTIFICATE OF RESOLUTION
OF
BOARD OF DIRECTORS
OF
HILL 'N PARR SANITATION DISTRICT
The undersigned, secretary of Hill 'N Park Sanitation
District, hereby certifies that the foregoing resolution was passed
by the Board of Directors of the Hill 'N Park Sanitation District
on the day of August, 1995, and that such resolution remains
in full force and effect on the date hereof, to wit :
WHEREAS, West Hill 'N Park, Inc . , the owner of West Hill 'N
Park Subdivision, Weld County, Colorado, has heretofore constructed
and paid for expansion of the District' s sewer treatment facilities
in order that the District would have treatment facilities
sufficient to serve West Hill 'N Park Subdivision and in exchange
therefor, the District agreed to and is contractually committed to
provide sewer service to West Hill 'N Park Subdivision;
WHEREAS, the owners of Carriage Estates, a subdivision of Weld
County, Colorado, have requested that the District provide sewer
taps and sewer treatment services for the remaining undeveloped
lots in said subdivision;
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, have determined that the tap fee of the District charged
to owners of lots in Carriage Estates Subdivision be $150 . 00 per
tap; however, the owners of Carriage Estates Subdivision with which
the District has had direct contact have agreed to pay $1, 288 . 00
for single family or duplex zoned lots and $2, 150 . 00 for four-plex
zoned lots (see attached letter) , and the District is required to
provide engineering studies on the adequacy of the facilities after
the treatment facilities have reached 80% of capacity, and in the
event that the District grants sewer taps to the owners of
undeveloped lots in Carriage Estates, the treatment facilities will
exceed 80% of capacity and accordingly, the District must collect
increased tap fees from the owners of undeveloped lots in Carriage
Estates to fund such studies;
NOW, THEREFORE, BE IT RESOLVED, provided that the Board of
County Commissioners grants to West Hill 'N Park, Inc . , the
platting of West Hill 'N Park, Fourth Filing Subdivision, the
District will grant to the owners of Carriage Estates Subdivision
sewer taps on the payment of a tap fee of $1, 288 . 00 for single
family or duplex zoned lots and $2, 150 . 00 for four-plex zoned lots;
and
BE IT FURTHER RESOLVED that the District has determined the
foregoing action is the only alternative and is necessary to avoid
breach of its contractual commitments to provide sewer taps and
EXHIBIT
sanitation facilities to the owners of West Hill 'N Park
Subdivision.
Dated this 23 day of August, 1995 .
LIT
Secretary ofLBoard of Directors of
Hill 'tT Park Sanitation District
952064
CERTIFICATE OF RESOLUTION
if EXHIBIT OF
HOARD OF DIRECTORS
OF
9cL9j HILL 'N PARK SANITATION DISTRICT
The undersigned, secretary of Hill 'N Park Sanitation
District, hereby certifies that the foregoing resolution was passed
by the Board of Directors of the Hill 'N Park Sanitation District
on the day of August, 1995 , and that such resolution remains
in full force and effect on the date hereof, to wit :
WHEREAS, West Hill 'N Park, Inc . , the owner of West Hill 'N
Park Subdivision, Weld County, Colorado, has heretofore constructed
and paid for expansion of the District' s sewer treatment facilities
in order that the District would have treatment facilities
sufficient to serve West Hill 'N Park Subdivision and in-exchange
therefor, the District agreed to and is contractually committed to
provide sewer service to West Hill 'N Park Subdivision;
WHEREAS, the owners of Carriage Estates, a subdivision of Weld
County, Colorado, have requested that the District provide sewer
taps and sewer treatment services for the remaining undeveloped
lots in said subdivision;
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, have determined that the tap fee of the District charged
to owners of lots in Carriage Estates Subdivision be $150 . 00 per
tap; however, the owners of Carriage Estates Subdivision with which
the District has had direct contact have agreed to pay $1, 288 . 00
for single family or duplex zoned lots and $2 , 150 . 00 for four-plex
zoned lots (see attached letter) , and the District is required to
provide engineering studies on the adequacy of the facilities after
the treatment facilities have reached 80% of capacity, and in the
event that the District grants sewer taps to the owners of
undeveloped lots in Carriage Estates, the treatment facilities will
exceed 80% of capacity and accordingly, the District must collect
increased tap fees from the owners of undeveloped lots in Carriage
Estates to fund such studies;
NOW, THEREFORE, BE IT RESOLVED, provided that the Board of
County Commissioners grants to West Hill 'N Park, Inc . , the
platting of West Hill 'N Park, Fourth Filing Subdivision, the
District will grant to the owners of Carriage Estates Subdivision
sewer taps on the payment of a tap fee of $1, 288 . 00 for single
family or duplex zoned lots and $2, 150 . 00 for four-plex zoned lots;
and
BE IT FURTHER RESOLVED that the District has determined the
foregoing action is the only alternative and is necessary to avoid
breach of its contractual commitments to provide sewer taps and
952064
sanitation facilities to the owners of West Hill ' N Park
Subdivision.
Dated this day of August, 1995 .
Secretary of Board of Directors of
Hill 'N Park Sanitation District
952064
- ,-- Zoyiopoulos and Associates, Inc.
; �•(_�-1..k Engineering Consultants
1011 42ND STREET • EVANS,COLORADO 80620 • PHONE(970)352-6000
`--- FAX(970) 330-6070
August 21, 1995 0,04
Mr. Todd Hodges 11'1 Z lit).
Weld County Planning Department O AV ep St
1400 N. 17th Avenue p �, 9
Greeley, Colorado 80631 g
Dear Mr. Hodges:
As a result of the public hearing held on July 19, 1995, the county commissioners requested that
additional information or actions be provided or agreed to before they could approve West Hill-n-
Park 4th Filing. Below are our responses to the 5 items required.
1. Attached is a letter from the City of Evans concerning the water supply. They indicate that
they will provide water for up to 900 taps in the Arrowhead and Hill-n-Park developments.
The total number of lots in these 2 developments, including the 86 lots in the proposed 4th
filing, is 805. The letter also indicates that the contracts are in place to construct the new 8"
line to Arrowhead to resolve the supply and pressure problems experienced by both
Arrowhead and West Hill-n-Park.
2. Attached is an analysis of the Hill-n-Park Sanitation District system capacity. This analysis
demonstrates that the system has adequate capacity for all of it's existing commitments,
including Carriage Estates, and the 4th Filing. With all the existing and proposed lots
contributing to the system, the influent should be under 90% of capacity. The sanitation
district will provide taps to the 25 remaining lots at Carriage Estates at the same rate per tap
as the City of Greeley. The agreement concerning Carriage Estates is contingent upon the
County approving the 4th filing.
3. A more adequate barrier at the north end of 47th Avenue has been requested. After looking
at the area, it was determined that the traffic is not going through the existing barrier at the
north end of 47th but at a gate located several hundred feet to the east. We propose that this
gate be removed and a steel post and steel cable fence be constructed in its place. We feel
this should stop the flow of vehicles through this area.
4. While the developer agreed to amend the covenants for West Hill-n-Park 3rd Filing to allow
only houses to be built on those lots, he had no expectation that such an agreement would
in any way limit the allowed uses of the remaining proposed lots. To serve as a screen
between 3rd and 4th filing, we will install a wooden fence six feet tall.
5. A visual barrier has been requested along the north boundary of the 4th Filing. Inspection
952064
Zoyiopoulos and Associates,Inc.
of the site shows that only a few of the lots in Arrowhead and the Sanger property have a
view of West Hill-n-Park. Because those lots at Arrowhead and most of Hill-n-Park are
considerably above the elevation of the north line of the 4th Filing, a row of trees or bushes
would only screen a few of the lots in the 4th Filing from view. More of the lots would be
screened from the Sanger property, but inspection shows that there is already a substantial
row of mature trees along the south side of the Sanger residence that should provide a better
visual barrier than any placed along the north side of the 4th Filing.
We hope the above information will help resolve the outstanding questions holding up the approval
of the 4th Filing. If we can provide additional information please give us a call.
Since.'/ toviop
P
Op`,
r,‘S7FRF e. *:..a RS. W . .:
Iiote ,Zoyiopo s, !'.E.
Zo' ieT 'os . ".ciates, Inc.
`TF OF Cot
952064
AUG 16 '95 07:37RM VERSRR DENVER I6\ \ P.2
ANALYSIS OF HILL-N-PARK SANITATION DISTRICT
This analysis is to determine the available capacity for adding additional taps to the Hill-N-Park
Sanitation System. The existing system is designed and,permitted for 336,000 gallons of influent a
day. Currently the average influent is 220,000 gpd(gallons per day)which is 65% of capacity.
Based on 751 active existing taps,the average daily influent per tap is 293 gpd. Using parameters
agreed to by the Colorado State Health Department to establish a conservation estimate of the
number of additional taps,the system can accept 235 taps and only reach 90%of the
design/permitted capacity. The addition of Carriage Estates'25 multi-family lots, 86 lots in West
Hill-n-Park 4th, and 40 existing platted lots which do not have residences constructed on them,
will require 176 to 201 of the available 235 taps. The range in the number of taps required is a
result to the Carriage Estates lots being zoned multi-family. These calculations supporting these
statements are detailed below.
Designed and pe pitted for 336,000 gallons per day of influent and effluent.
The system has a continuous metering and recording system, Direct readings show that the
average daily influent and effluent are:
average effluent=210,000 gallons per day
average influent=220,000 gallons per day
The Sanitation District currently accepts discharge from Hill-n-Park,West-Hill-n-Park, Country
Estates, and Carriage Estates. Of these contributors only Hill-n-Park is actually within the District
boundary.
Number of current active taps=751
Gallons of discharge produced per tap=220,000+751 =292.9 gallons per day.
The Colorado State Health Department guidelines for residential discharge suggest that the
average daily discharge can be estimated by 75 gallons per person. The generally accepted
average number of person per residential households is 3.5 people. Discussions with the State
Health Department and historical data indicate that 300 gallons per day per person is a good
number to use in establishing a conservative number for estimating the future influent of the
district.
Remaining capacity=total capacity-current influent=336,000-220,000= 116,000 gpd
Remaining capacity to 90%of permitted/designed capacity=(permitted capacity* 0.9)-current
influent=(336,000 * 0.9)-220,000=82,400 gpd
Available taps=remaining capacity+(average people per residence * estimated conservative
daily individual discharge)= 116,000+(3.5 * 100)=331 taps
952064
AUG 16 '95 07:3BAM VERSAR DENVER P.3
Available taps to reach 90%capacity=(remaining capacity to 90%)+(average people per
residence * estimated conservative daily individual discharge)=82,400+(3.5 * 100)=235 taps
Total number of developed lots needing taps or having taps but no constructed residence
Carriage Estates-25 lots zoned for multi-family
25 lots * average 3 taps =75 taps
Hill-n-Park and Hill-n-Park 1st thru 3rd• 40 lots =40 taps
West Hill-n-Park 4th- 86 lots =86 taps
Total taps needed =201 taps
Considering the total number of taps needed being 201 and that number of taps required to reach
the 90% capacity limit is 235,the sanitation district has ample capacity to serve West Hill-n-Park
4th and Carriage Estates.
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952064
AUG-18-95 FRI 08 :58 AM WET TEK 303 985 13936 P. 01
DEMAREE ENTERPRISES
P .O. Box 217
Evans , Co 80620
( 303 ) 381-3771
DATE : August 17 , 1995
TO: Zoyiopoulos & Associates
RE: Hill N Park discharge permit .
Average daily influent flow Average daily effluent flow
May - 0 . 25 MGD May - 0 .22 MGD
June - 0 . 30 MGD June - 0. 37 MGD
July - 0 . 27 MGD July - 0. 30 MGD
Average daily effluent BOD Permitted effluent BOD
May - 26 mg/1 7 day average - 45 mg/1
June - 29 mg/1 30 day average - 30 mg/1
July - 25 mg/1
The reason for the high effluent flows in June and July where
due to the flooding of the river the discharge was limited by the high
water , when the river went down the extra water was discharged .
If you need more information please contact me
952064
CERTIFICATE OF RESOLUTION
OF
BOARD OF DIRECTORS
OF
HILL 'N PARR SANITATION DISTRICT
The undersigned, secretary of Hill 'N Park Sanitation District,
hereby certifies that the foregoing resolution was passed by the Board
of Directors of the Hill 'N Park Sanitation District on the day of
August, 1995 , and that such resolution remains in full force and effect
on the date hereof, to wit :
WHEREAS, West Hill 'N Park, Inc. , the owner of West Hill 'N Park
Subdivision, Weld County, Colorado, has heretofore constructed and paid
for expansion of the District' s sewer treatment facilities in order that
the District would have treatment facilities sufficient to serve West
Hill 'N Park Subdivision and in exchange therefor, the District agreed
to and is contractually committed to provide sewer service to West Hill
'N Park Subdivision;
WHEREAS, the owners of Carriage Estates, a subdivision of Weld
County, Colorado, have requested that the District provide sewer taps and
sewer treatment services for the remaining undeveloped lots in said
subdivision;
WHEREAS, the District has heretofore implemented a moratorium on the
issuance of sewer taps to the property owners of Carriage Estates based
upon the limitations of the District' s treatment facilities after taking
into account the District' s pre-existing contractual obligations to
provide sewer service to West Hill 'N Park Subdivision, Weld County,
Colorado;
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
has required that the District grant sewer taps to the owners of
undeveloped lots in Carriage Estates Subdivision, notwithstanding the
District' s moratorium;
WHEREAS, the District does not agree that Weld County has the
authority to direct the operations of the District, does not agree that
it is in the best interests of the District to grant sewer taps to
Carriage Estates Subdivision property, and does consider the action of
Weld County to jeopardize the proper operation of the sanitation
treatment facilities, but the District is without sufficient resources
to contest the action of Weld County and thus must abide by its
directives ; and
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
have further directed that the tap fee of the District charged to owners
of lots in Carriage Estates Subdivision be $150 . 00 per tap; however, the
owners of Carriage Estates Subdivision with which the District has had
direct contact have agreed to pay $1, 288 . 00 for single family or duplex
zoned lots and $2, 150 . 00 for four-plex zoned lots (see attached letter) ,
and the District is required to provide engineering studies on the
adequacy of the facilities after the treatment facilities have reached
80% of capacity, and in the event that the District grants sewer taps to
the owners of undeveloped lots in Carriage Estates, the treatment
facilities will exceed 80% of capacity and accordingly, the District must
952064
collect increased tap fees from the owners of undeveloped lots in
Carriage Estates to fund such studies .
NOW, THEREFORE, BE IT RESOLVED, provided that the Board of County
Commissioners grants to West Hill 'N Park, Inc. , the platting of West
Hill 'N Park, Fourth Filing Subdivision, the District was left with no
alternative other than to abide by and will abide by the directives of
the Board of County Commissioners of Weld County, Colorado, and grant to
the owners of Carriage Estates Subdivision sewer taps on the payment of
a tap fee of $1, 288 . 00 for single family or duplex zoned lots and
$2, 150 . 00 for four-plex zoned lots ; and
BE IT FURTHER RESOLVED that the District has determined the
foregoing action is the only alternative and is necessary to avoid breach
of its contractual commitments to provide sewer taps and sanitation
facilities to the owners of West Hill 'N Park Subdivision.
Dated this day of August, 1995 .
Secretary to Board of Directors of
Hill 'N Park Sanitation District
952064
The l✓ity of
COLORADO
August 18, 1995
Weld County Board of Commissioners
915 10th Street
Greeley, CO 80631
RE: West Hill-N-Park Fourth Filing
Dear Honorable Commissioners:
This letter will serve as an update of my letter to you on August 17, 1995. A meeting was held on
the afternoon of August 18, 1995 among the developer's of West Hill-N-Park Fourth Filing, City
of Evans staff and Hall-Irwin Construction Company. At that meeting the contract for
construction of the new 8" alternate water supply line to the Arrowhead and Hill-N-Park
subdivisions was signed by the City and construction funding was provided by the developer and
placed in escrow. The developers also agreed to expedite construction of the line to the best of
their ability. It is our understanding that construction will begin as soon as possible and Hall-Irwin
has estimated that construction will take between 30 and 45 days.
Based on the above developments and the developer's and contractor's promises of due diligence.
The City of Evans has no reservations relating to water supply and distribution to West Hill-N-
Park Fourth Filing and therefore would recommend approval of the plat based on water supply
and distribution. If the City can be of further assistance, please let us know.
Sincerely..,,
�J
amen L. Hewitson, P.E.
Director of Public Works
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3700 Golden Street • Evans, Colorado 80620-2724 • 303-339-5344
The L..y
August 17, 1995 ,f
vairi
COLORADO
Weld County Board of Commissioners'
915 10th Street
Greeley, CO 80631
RE: Hill N' Park Fourth Filing
Dear Honorable Commissioners:
As you may be aware, the City of Evans supplies water by contractual agreement to both the
Arrowhead and the Hill N' Park subdivisions. The developer has provided adequate supplies of water
to serve 900 taps. The City is also willing to serve the Hill N' Park Fourth Filing as well as the balance
of the area up to the total number of taps.
We are currently participating with Mr. Roy Lundvall in the engineering and construction of a new 8"
water line to serve the Arrowhead and Hill N' Park subdivisions. This 8" water line is an alternate
supply route to the existing single 8" line now serving these two subdivisions. Water pressure problems
in portions of the Arrowhead subdivision necessitated construction of the new line.
Currently, the City of Evans does not own the water delivery system for the subdivisions;however,
upon completion and acceptance of the new 8" line,the City will assume ownership for it and is
currently in the process of negotiating a long term contract with Mr. Lundvall for City ownership of the
entire Arrowhead and Hill N' Park systems. The City has engaged Zoyiopoulos and Associates to
preform hydraulic calculations of the Arrowhead subdivision and their studies indicate that the new line
will provide adequate fire flows and adequate pressure for the Arrowhead subdivision. It is also our
consultant's opinion that, since the Hill N' Park subdivision is at a lower elevation than Arrowhead,
there should be no quantity or pressure problems for the Hill N' Park Fourth Filing. However, Weld
County might deem it prudent to require water pressure and quantity testing of the system after the new
8" line is installed and functional.
As you are aware, a contract for construction of the new 8" line has been executed between Mr.
Lundvall and Hall-Irwin Construction Company. The City of Evans is providing the utility easement,
the power supply, and the master meter for the new line. We anticipate that construction will be
undertaken during the month of November at the latest and should be completed after the first of the
year.
Should you have any questions or require any additional information please feel free to contact me.
Sincerely,
James L. Hewitson,P.E.
Director of Public Works
JLH/kl
3700 Golden Street • Evans, Colorado 80620-2724 • 303-339-5344
98/21/1995 10: 35 303-353-6883 MOORE -11-7 3:
BEDINGFIELI &� AsSO ESC. -j
ATPOR1JEYSkAT OBV ' ,� a
Umou COMM BANK BUILDING • t701 Twnm-Tm*D AVENUE • SUM A • GRELEY.CO 80631 • 303-352-8673 • FAX 303352-8683
4 August 1995 EXHIBIT
Mr. Roy Lundvall 5 -9
4529 Pioneer Lane
Greeley, CO 80634
Re: sever Taps/Hill 'x Park Sanitation District
Dear Roy:In followup to our previous discussions and the hearing before
the Weld County Board of Commissioners, I would like to make an
offer on behalf of Diane Sears with respect to her purchase of
sewer taps from Hill 'N Park sanitation District.
I have researched the cost of sewer taps with the City of
Greeley and found that a single-family residence or duplex having
a three-quarter inch (3/4") water tap pays a sewer tap fee of
$1,288.00, and a four-plex having a one inch (1") water tap pays a
sewer tap fee of $2,150.00. Using those tap fees as the basis for
an offer by Diane Sears, this letter shall serve as a formal offer
on behalf of Diane Sears to pay Hill 'N Park Sanitation District
the sum of $9,878.00 for seven (7) sewer taps with the Hill 'N Park
Sanitation District for the following lots in Carriage Estates
Subdivision with the following taps fees:
Lot 6, Block 1, Four plex $2,150.00
2nd Filing
Lot 6, Block 2, Single family/ $1,288.00
1st Filing duplex
Lots 1, 3, 4, 5 and 6, Single family/ $6.440.00
Block 4, 1st Filing duplex
$9,878.00
Ms. Sears would pay that fee up front and would use such taps
as necessary upon development of the lots she owns in Carriage
Estates. Such a purchase of sewer taps from the Sanitation
District would effectively resolve the conflict between Ms. Sears
and the Sanitation District.
I would appreciate your presenting this offer to the Board of
Directors of Hill 'N Park Sanitation District and getting back to
me with your response. We believe this is a reasonable offer in
light of sewer tap fees most recently charged by the Sanitation
District and in light of fees paid for sewer taps within the ity�64
of Greeley.
03/21/1995 10: 35 303-353-6883 MOORE PAGE 02
Mr. Roy Lundvall
4 August 1995
Page Two
I look forward to a quick response.
Very truly yours,
BEDI FIELD & ASSOCIA , P.C.
f ay T. Bedi isld
Attorney at Law
JTB/cw
cc: Diane Sears
952064
BEDINGFIELD & ASSOCIATES P.C.
ATTORNEYS AT LAW
UNION COLONY BANK BUILDING • 1701 TWENTY-THIRD AVENUE • SUITE A • GREELEY, CO 80631 • 303-352-8673 • FAX 303-352-8683
17 July 1995 __a
T)
PERSONALLY DELIVERED
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Weld County Attorney
915 10th Street
Greeley, CO 80631
ATTN: Lee Morrison
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
ATTN: Todd Hodges
Re: West Hill-N-Park Subdivision, 4th Filing; Hill-N-Park
Sanitation District; Carriage Estates Subdivision
Dear Ladies and Gentlemen:
This law firm represents Janice D. Sears. Mrs. Sears owns
seven (7) undeveloped residential lots in Carriage Estates
Subdivision. Carriage Estates was approved as a subdivision by the
County and constructed in the mid 1970 ' s. At that time, Mr. Roy
Lundvall, on behalf of the Hill-N-Park Sanitation District,
represented and committed to the County that the District would
furnish sewer treatment services to the subdivision and signed the
necessary related documents which remain of record today. (See the
enclosed copy of the Clearance Record for Carriage Estates signed
by Mr. Lundvall on behalf of the District on July 2 , 1975,
committing the District to furnish sewer service to the subdivision
without any conditions. ) Also at that time, the County' s Director
of Environmental Health Services certified to the County Planning
Commission that the District' s treatment facilities were sufficient
to service Carriage Estates (see enclosed copy of letter) . The
record clearly indicates the District' s commitment and ability to
provide sewer treatment for all of Carriage Estates.
952064
C
Board of County Commissioners
Weld County Attorney
Weld County Department of Planning Services
17 July 1995
Page Two
From the time of commencing construction of the subdivision
until December, 1993 , every lot developed within the subdivision
has paid for and received sewer treatment services from the
District. There are sewer collection lines throughout the
subdivision (including lines adjacent to all remaining undeveloped
lots) which join a transmission line running to the Hill-N-Park
Sanitation District treatment lagoons. The sanitation district did
not install, pay for, and does not own or maintain, any of these
lines. The district merely treats sewage from the subdivision on
a fee basis.
In December, 1993 , a prospective purchaser of Mrs. Sears was
informed by the District that no more sewer taps were going to be
issued within Carriage Estates. Attempts were made to resolve the
issue directly with the District and the County without success.
The Department of Planning Services has made it clear that septic
systems are not permitted within Carriage Estates and no building
permit will issue for any development of any lot within Carriage
Estates until sewer service is provided. As a result, all
undeveloped lots in Carriage Estates have been left literally
unusable and of course unsalable, and thus the District' s actions
have seriously damaged Mrs. Sears and the other owners of
undeveloped lots within the subdivision.
Mrs. Sears has contacted and met with the County Attorney' s
Office and the Department of Planning Services. Upon that
Department' s inquiry of the District, they found no lawful basis
for the District ' s arbitrary refusal to furnish sewer treatment
services to the remaining undeveloped lots in Carriage Estates
while it was simultaneously and continually adding new service in
far greater numbers in West Hill-N-Park Subdivision. In a letter
dated July 7 , 1995 from Mr. Keith A. Schuett of the Department of
Planning Services to Mr. Roy Lundvall, President of the District,
a copy of which is enclosed, the County found that the commitments
by the District to furnish sewer service to Carriage Estates and
West Hill-N-Park were essentially the same, which led the County to
conclude that Mr. Lundvall ' s "explanation is not sufficient to
explain why lots in West Hill-N-Park continue to receive sewer taps
when Carriage Estates lots do not. " Mr. Schuett' s letter goes on
to state that the "Department Questions whether building permits
should continue to issue for West Hill-N-Park when there is not a
satisfactory explanation for the difference in treatment between
the subdivisions. "
One obvious difference between Carriage Estates and West Hill-
N-Park is that Mr. Lundvall is a Director and owner. of West Hill 'N
Park, Inc. , the owner/developer of West Hill-N-Park. It is also
952064
Board of County Commissioners
Weld County Attorney
Weld County Department of Planning Services
17 July 1995
Page Three
worth noting that Mr. Lundvall is a Director of the District, as
are the other directors and shareholders of West Hill-N-Park, Inc.
The apparent conflict of interest may explain why the two
subdivisions are not being treated equally by the District.
Enclosed is a copy of a letter of response from the District' s
legal counsel to a real estate broker who had contacted the
District regarding issuance of sewer tap for a property which,
notwithstanding reference in the letter to the contrary, was not
within Carriage Estates. In that letter, the District' s attorney
states: "The District has determined that it can issue no further
sewer tabs except those to which it is currently obligated to issue
until it determines that the existing treatment facilities are
adequate. " Mrs. Sears demands that she be treated equally and that
taps be issued to all whom the District is currently obligated to
issue permits including Carriage Estates.
The actions of Mr. Lundvall and the District over the years
cannot be summarily dismissed and ignored. The County' s records
are clear that the District obligated itself to provide sewer
service to Carriage Estates and is therefore "currently obligated
to issue" taps to all lots within the subdivision.
The District cannot have any obligation to furnish any taps to
any lots within West Hill-N-Park 4th Filing as that subdivision is
not even approved. Further still, we believe any obligation of the
District to furnish taps to lots within the first three filings
within West Hill-N-Park was subsequent to it obligation to provide
taps to Carriage Estates and, therefore, made with knowledge of its
prior obligation to Carriage Estates. Nonetheless, Mr. Lundvall
and the District are now claiming that because of uncertainty as to
the existing system' s capacity and the District ' s commitments to
furnish taps to Mr. Lundvall ' s West Hill-N-Park Subdivision, it
cannot fulfill its prior commitment to Carriage Estates.
With respect to the issue of whether the system has sufficient
capacity to handle the remaining undeveloped lots within Carriage
Estates, it is the ability of the District' s desire to take on
servicing West Hill-N-Park, not Carriage Estates, which should be
in question. The enclosed copy of the 1975 letter from the County
Director of Environmental Services referenced above demonstrates
that the system, at the time the District committed to furnish
sewer services to Carriage Estates, was "adequate for the addition
of Carriage Estates. " As a result, the District essentially
committed that portion of its system as necessary to treat the
sewage from the subdivision in 1975 .
952064
Board of County Commissioners
Weld County Attorney
Weld County Department of Planning Services
17 July 1995
Page Four
To the extent the existing system is not adequate to treat the
volume of sewage resulting or anticipated from West Hill-N-Park,
the District should not have committed itself to provide additional
services to West Hill-N-Park, and it certainly should not now be
representing to the County that it will commit to provide such
services for the 4th Filing. Mr. Lundvall and the District are
giving assurances to the County that sewer service for dozens of
lots in West Hill-N-Park is available and will be provided by the
District while at the same time imposing a "moratorium" on any
additional sewer taps in Carriage Estates due to uncertainty about
the capacity of the existing system. Such contrary positions call
into question the motives of Mr. Lundvall.
To the extent the sewer system needs enlargement in order to
accommodate West Hill-N-Park, the District and the owner of West
Hill-N-Park should address that issue. It has never been a
condition to the District ' s commitment to provide sewer service to
Carriage Estates that any lot owner within Carriage Estates
requesting a tap be required to prove the system had adequate
capacity to serve such lot and, if not, then pay to enlarge the
system as necessary.
Mr. Lundvall believes he can ignore the District' s prior
commitments to the County and to the owners of Carriage Estates in
order that he may provide sewer service to his own subdivision.
His motivations are equally apparent. To the extent that there may
be a capacity problem with the system, he has to make sure that his
subdivision is served first.
In conclusion, we respectfully ask that, as a condition to any
future building permits being issued in West Hill-N-Park and as a
condition to approval of the West Hill-N-Park 4th Filing, the
County require the District to fulfill its existing obligation to
provide sewer treatment for all lots in Carriage Estates by
permitting taps into the existing system for the customary fee. No
one forced Mr. Lundvall or the District to commit to furnish sewage
treatment services for Carriage Estates, but that commitment was
made. The County approved the subdivision in reliance upon that
commitment, the developer constructed the subdivision in reliance
upon that commitment, and the owners purchased their lots within
the subdivision in reliance upon that commitment.
952064
Board of County Commissioners
Weld County Attorney
Weld County Department of Planning Services
17 July 1995
Page Five
Again, thank you.
Very truly yours,
BEDINGFIELDASSOCIATES, /C.
ey T. Bedin ield
A orney at La
JTB/cw
(Enclosures)
pc: Janice D. Sears
Roy Lundvall
952064
The City of
COLORADO
March 1, 1995
Bob Zoyiopoulos, P.E.
Zoyiopoulos Associates
1011 42nd Street
Evans, CO 80620
Dear Bob:
In response to your request for water service for Hill N' Park West 3rd filing, I offer the
following: The City of Evans agreement with Lake Arrowhead, Inc. dated December 1962 as
amended in September of 1978 and the City's agreement with Hill N'Park, Inc. executed in 1980
do stipulate that the City will supply water to these subdivisions subject to several restrictions.
(1) A maximum of 400, 'h" domestic water taps are allotted by the agreement to all filings in
the West Hill N'Park subdivision. Currently, 240 taps are on City record as having been
installed. Evans would have to negotiate a new agreement if additional taps beyond the
160 remaining were requested.
(2) The City's agreement to supply water to Hill N'Park is subject and subordinated to the
terms and provisions of the Greeley/Evans Water Agreement of April 18, 1978 and to the
renewals thereof. The current Greeley/Evans Water agreement is dated May 7, 1991.
(3) The City reserves the right to terminate water service if Hill N'Park West is annexed to or
otherwise incorporated in a city or town other than the City of Evans.
The City is also concerned about the pressure problems that have been reported in the
Arrowhead/Hill N'Park area. Both the Lake Arrowhead and Hill N'Park water distribution
systems are serviced by a single 8" line, which was installed by the original developer. The City
has tried to develop a solution to this problem but has not been able to resolve it at this time. Until
this system is improved to meet fire flow standards by the developers of Hill N'Park, the City of
Evans cannot take responsibility for any adverse consequences arising from the water pressure
problem.
952064
3700 Golden Street • Evans, Colorado 80620-2724 • 303-339-5344
Should you have any questions concerning this letter please contact me at 339-3475.
Sincerely,
James L. Hewitson, P.E.
Director of Public Works
cc: Michael J. Smith, City Manager
Russ Anson, City Attorney
David Robbins, Water Attorney
Jan Whittet, Finance Director
Tom Hamblen, Chief Building Official
JLH/kI
952064
BILL N PARK SANITATION DISTRICT
F.O. Box 632
Greeley , CO 80632
(970) 356-3628
May 1. 1995
Weld County Planning Dept.
Greeley , CO 80631
To Whom It May Concern:
Hill N Park Sanitation District does herb• confirm that
it will provide sewer service to the new filing of West
Hill N Park ( i .e. West Hill-N-Park 4th Filing ) , Weld
County Colorado.
The sanitation plant was engineered to serve that area
originally and therefore, additional taps will not be a
problem.
If we can be of further assistance, please contact us.
Thank you.
Yours truly ,
HILL N PARK. SANITATION D f5T.
Roy L indva 1
Pre=. dent
952064
KAROWSKY, WITWER, MILLER & OLDENBURG
ATTORNEYS AT LAW
Szz-7m STRL£T.sIJ,rE,60
STOW L WHINER.JR.
WAlliFR MULL r.0. MX 1407 41111.NE JOHNSON
R.NamOLDENBURG GREELEY,CO 80632-1607 418115 R SEARS
JOHN J.RARITY
MARILYN'J.OANe CHARLESA.KAROWSKY
(309)332-3161 OF COUNSEL
NA0=ARALE(300)952.9265
January 6, 1995
Blaine Herdman
Herdman Properties, Ltd.
2505 First Avenue
Greeley, CO 80631 •
Re: Hill-N-Park Sanitation District
Dear Blaine:
I am advised by the Hill-N-Park Sanitation District that you are involved
in a commercial lot sale of property located in Carriage Estates, a Weld
County subdivision. I believe you have been advised that the District
has placed a moratorium on the issuance of additional sewer taps pmnAing
its determination that there is available treatment capacity for all
property to which the District is obliged to provide sewer taps . This
moratorium will remain in effect until:
(a) A qualified engineer certifies that the existing treatment
facilities are adequate to treat the existing users of the treatment
facility and those properties to which the District contractually
obligated to provide sewer taps; or
(b) The District treatment facilities are acquired by the City of
Evans .
The District has determined that it can issue no further sewer taps
except those to which it is• currently obliged to issue until it
determines that the existing treatment facilities are adequate_
A viable alternative for you and lot owners similarly situated would be
to hire an engineering firm to investigate the total treatment capacity .
of the existing facilities. For your information I am enclosing a letter
from the City of Evans which sets forth the information needed before the
City would acquire the District facilities. The District has not made
an investigation to determine the cost of these studies because at the
present time it has inadequate funds with which to engage qualified
engineers .
I suggest that you and those who would like sewer taps and sanitary
service collectively raise funds sufficient for the engineering studies.
952064
XAROWSKY, WITWER, MILLER & OLDENBURG
Blaine Rerdman
January 6, 1995
Page 2
The primary objective would be to provide the City of Evans with
information on which they could rely in acquiring the sanitation district
facilities. Over the long run, it is apparent that the City of Evans
should acquire and operate these facilities.
If you have any questions, please contact me.
Very truly yours,
KP.ROWSRY, WITWER,
MILLER & OLDENBURG
R. Sam Oldenburg
nn
Enclosure
cc: Hill-N-Park Sanitation District
952064
he Litt/ O1
COLORADO
December 2, 1994 alifil(
Mr. Roy Lundvall
Hill N'Park Sanitation District
P.O. Box 632
Greeley, CO 80632
Dear Mr. Lundvall:
Since my letter of November 1, 1994, detailing the requirements that the City of Evans would
make prior to assuming ownership and operation of the Hill N'Park Wastewater Treatment Plant,
I have completed some additional research into the requirements that the City would make prior
to assuming ownership and operation of the Hill N'Park Wastewater Collection System.
The information we would need on the collection system includes the following:
1. Maps documenting the boundaries of the sanitation district and details on the agreements
for and ownership of the Country Estates and Carriage Estates collection systems.
2. A copy of the Sanitation District's service plan.
3. As built drawing of the collection systems.
4. Maintenance logs or any other documentation such as television monitoring verifying the
present condition of the collection system.
5. Sanitation district budgets for the current and prior years detailing revenues and
expenditures.
6. A current inventory of all assets.
7. A current customer list.
8. Any right of way or utility easements dedicated to the district.
I hope this information will further help you in your evaluation of transferring ownership of the
Hill N Park Sanitation District to the City of Evans.
Sincerely,
James L. Hewitson, P.E.
Director of Public Works
cc: Michael J. Smith, City Manager
Larry McQueen, Wastewater Treatment Plant Operator
JLH/kl
952064
3700 Golden Street • Evans, Colorado 80620-2724 • 303-339-5344
The (7,0-/ of
November 1, 1994 COLORADO
Mr. Roy Lundvall
Hill N'Park Sanitation District
P.O. Box 632
Greeley, CO 80632
Dear Mr. Lundvall:
At a recent meeting that you and Mr. Karowsky attended with members of the Evans City
Council and staff, you mentioned to Mike Smith the possibility of the City of Evans assuming
ownership and operation of the Hiill N'Park wastewater treatment plant. Mike requested that I
research this possibility and respond to you with the requirements that the City would make prior
to committing to assuming responsibility for the plant.
The City would require that a detailed and certified engineering study be made by the current
owners of the plant detailing the assets held by the plant and the condition of the plant. The City's
engineering consultants have advised us that the following minimal information should be included
in the report of your consultant:
1. Verification that the wastewater treatment plant is outside of the flood plain.
2. A design report revealing plant capacity, percent of capacity currently being utilized, and
when the wastewater plant will require enlargement along with the proposed treatment
technology and the cost of the enlargement.
3. As built construction drawings of the current plant.
4. A copy of the current discharge permit.
5. Copies of the Aionthly Discharge Report(DMR) for the past two years.
6. Any soils reports or geotechnical investigations made prior to construction of the plant.
7. The current depth of sludge(biosolids)in the plant lagoons.
8. Laboratory analysis of sludge to determine its composition.
9. Our engineers also recommend that they and City staff visit the plant to evaluate the
condition of any mechanical or structural features of the plant.
10. Since no liner has been installed in the lagoons, the extent of exfiltration must be
determined. This will require monitoring wells and determination off the hydraulic
gradient from the lagoons to the wells and then to the South Platte River. The wells
should be pumped dry for an evaluation of recharge to determine where inflow is coming
from. Also laboratory analysis should be preformed of the water collected in the
monitoring wells to test for nitrogen, phosphates,BOD and other parameters found in the
waste stream.
952064
3700 Golden Street • Evans, Colorado 80620-2724 • 303-339-5344
Finally, your consultant should provide conclusions based on the above analysis.
I hope this information will aid you in your consideration of turning over the Dill N Park
Sanitation plant to the City. If I can be of further help please don't hesitate to call.
Sincerely,
•
James L. Hewitson, P.E.
Director of Public Works
cc: Michael J. Smith, City Manager
JLI-Fld
952064
:U- 25 '94 <39..:2 =R"^' r-E_ T.2-ui Rzn; __,775-
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3345. EXT.3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N.17114 AVENUE
Eike GREEEL.EY, COLORADO 80651
COLORADO
July 7, 1994
Mr. Rcy Lundvall
4529 Pioneer Lane
Greeley, CO 80634
RE: Hill-N-Park Sanitation District
Dear Mr. Lundvall:
Your letter of May 18, 1994 raises additional questions regarding
sewer service to West Hill-N-Park and Carriage Estates. You
indicate that there are documents regarding a capital financing
commitment by West Hill-N-Park to benefit the District and imply
that there is a document evidencing the formal action of the Board
of Directors of the Special District to establish a moratorium on
sewer taps in Carriage Estates. The County files do not appear to
contain copies of either set of documents and we would appreciate
receiving copies .
The County records do not reflect that Hill-N-Park Sanitation
District ever conditioned its agreement to provide sewer service to
Carriage Estates. "Clearance Records" and an agreement are
enclosed showing approval without conditions in 1974 and 1975 of
sewer service for Carriage Estates .
The approvals for Carriage Estates appear similar to West Hill-N-
Park. Therefore, your explanation is not sufficient to explain why
lots in West Hill-N-Park continue to receive sewer taps when
Carriage Estates lots do not. The Department questions whether
building permits should continue to issue for West Hill-N-Park when
there is not a satisfactory explanation for the difference in
treatment between the subdivisions .
952064
JL_ "r, 'E4 29'1-2 El2C:E.G.C..:,'2S
Mr. Roy Lundvall
Page 2
July 7 , 1994
Thank you for your continued cooperation.
Very truly
� yours,
A. �% huett
Current Planner
LDM/gb:lundvall
Enclosure
pc Health Department
Lee D. Morrison
Board of County Commissioners
•
952064
** TOTPL PROE.003
ri
' DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3645, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
�i 1400 N. 17TH AVENUE
GREELEYEY, COLORADO 80631
COLORADO May 12 , 1994
Hill-N-Park Sanitation District
c/o Roy Lundvall
4529 Pioneer Lane
Greeley, CO 80634
Dear Mr. Lundvall :
The Department of Planning Services for Weld County has been made
aware that Hill-N-Park Sanitation District is currently declining
to issue sewer taps in the Carriage Estates Subdivision . This
appears to be in conflict with prior representations made by the
Hill-N-Park Sanitation District that sewer taps would be available
for Carriage Estates , which representation was relied upon by the
County at the time of various zoning and subdivision approvals .
This disinclination to issue sewer taps in Carriage Estates ,
apparently on the basis of lack of capacity, calls into question
the availability of sewer taps for West Hill-N-Park which is also
served by the Sanitation District . According to Court Records ,
neither West Hill-N-Park nor Carriage Estates appear to actually
lie within the Sanitation District .
Weld County respectfully requests information regarding the
remaining capacity of the Sanitation District, the basis for
distinguishing between Carriage Estates and West Hill-N-Park in the
issuance of sewer taps , if any. The Department is concerned that
the capacity issue may require limiting building permits in West
Hill-N-Park.
Thank you for your continued attention to this matter .
Very truly yours ,
c hue(62 -
/Current Planner
pc : Weld County Health Department
Lee Morrison, Assistant County Attorney
Board of County Commissioners 1 J 1994
bc : Bob Calhoun MAY
City of Evans Planning
•�Il..�d Pns.,.�V .
952064
HILL-N-PARR SANITATION DISTRICT MAY 2 3 1994 I'
P. O. Box 632n...—
Greeley, CO 80632
(303) 352-8730
May 18 , 1994
Keith A. Schuett
Current Planner
Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
Re : Hill-N-Park Sanitation District
Dear Mr. Schuett :
This letter is in response to your letter dated May 12, 1994 . We will
first provide you with some background information, about which
apparently you are unaware, and then address your specific inquiries .
At the time West Hill 'N Park subdivision was platted, it was necessary
that adequate sewer be available . Hill-N-Park Sanitation District (the
"District" ) , at that time, had inadequate capacity to handle all of the
Hill 'N Park subdivision and was unable to issue additional bonds for the
construction of the needed additional lagoon or cell . At that time an
agreement was entered into between West Hill 'N Park, Inc. , and the
District . The agreement provided that West Hill 'N Park, Inc. , would
provide the capital funds necessary to construct an additional lagoon or
cell for the District and to construct other sewerage treatment and
transmission facilities so that the District could adequately treat all
of the sewerage from West Hill 'N Park subdivision. In turn, the
District agreed that all lots in West Hill 'N Park subdivision would be
entitled to sewer taps and a tap fee be credited against the capital
expenditure funds provided by West Hill 'N Park, Inc. Although not
specifically set forth, this could be considered to be a collection by
the District, in advance, of tap fees for all of the West Hill 'N Park
subdivision.
Because of this agreement and because West Hill 'N Park, Inc. , advanced
substantial capital improvement funds, the District is contractually
obliged to provide sewer taps to all of the remaining lots in west Hill
'N Park subdivision. We are surprised that this was not verified in the
county files at the time West Hill 'N Park was subdivided.
In your letter you inquired about the District placing a moratorium on
sewer taps in the Carriage Estates subdivision. You state further that
this appears to be in conflict with prior representations made by the
District . We are unaware of any specific undertaking by the District to
provide sewer taps to this subdivision. Our records do reflect that a
952064
Keith A. Schuett
May 18, 1994
Page 2
letter of intent was provided regarding this service, but the letter of
intent was subject to the completion of a definitive agreement regarding
such service . We are unaware of any definitive agreement being entered
into. The District does, however, stand willing to negotiate such an
agreement . The necessary terms and conditions of the agreement would be :
(a) That Carriage Estates lot owners engage consulting engineers
who would make a determination that the existing District facilities
have sufficient capacity to serve all of the lots in West Hill 'N
Park subdivision and undeveloped lots in Carriage Estates .
(b) If the consulting engineers determine that there is
insufficient capacity, then the lot owners of Carriage Estates, much
like the lot owners of West Hill 'N Park subdivision, would have to
advance adequate capital funds to increase the District' s treatment
facility and transmission lines, if necessary. The District does
not have sufficient capital reserve funds for this and the Carriage
Estates lot owners would need to advance the funds .
(c) In any event, all of the sewer facilities within Carriage
Estates and the transmission lines utilized by Carriage Estates
would have to be inspected by a qualified engineer and determined
to be adequate for the intended purposes . The collection and
transmission facilities would also be transferred to the District .
The requirements of a definitive agreement with the lot owners of
Carriage Estates would therefore be identical with the prior agreement
of the District with the lot owners of West Hill 'N Park subdivision.
It is the position of the District that the lot owners in Carriage
Estates cannot be preferentially treated over other District users .
You also state that the moratorium on the issuance of sewer taps in
Carriage Estates "calls into question the availability of sewer taps for
Hill 'N Park" . We question your rationale, because, as above stated, the
lot owners of West Hill 'N Park subdivision increased the treatment
capacity of the District by constructing an additional lagoon or cell
with capacity sufficient to serve all of the West Hill 'N Park
subdivision. The moratorium placed on issuance of taps in Carriage
Estates has nothing to do with the existing capacity of the sewer
treatment facilities, but rather has to do with the concern that the lots
in Carriage Estates would overburden the system. The system, at the time
of the last expansion, was designed to serve its existing customers and
the West Hill 'N Park subdivision.
Moreover, if a capacity problem arises, West Hill 'N Park, Inc. , the
owner of undeveloped lots in West Hill 'N Park subdivision, is capable
of and will make whatever improvements as are necessary. The lot owners
in Carriage Estates have not made a similar commitment .
You also inquired as to the basis for distinguishing between Carriage
Estates and West Hill 'N Park subdivision. I believe this is adequately
952064
Keith A. Schuett
May 18 , 1994
Page 3
above set forth. If there is any question, however, the basis is that
the lot owners of West Hill 'N Park subdivision paid for the capital
improvements to expand the treatment capacity of the District facilities
and is contractually entitled to use the increased capacity for its lots .
The lot owners of Carriage Estates, of course, could have the same
privilege . The District would be more than willing to negotiate a
contract whereby the lot owners of Carriage Estates acquire additional
land, construct an additional lagoon or cell and verify that all sewer
collection and transmission lines are adequate . Once this is done,
Carriage Estates could be entitled to parity in service .
If you have any further questions, please contact the us .
Very truly yours,
-HILL-N=PARK SANITATION DISTRICT
t . ) /
President
952064
•
_ i/.
CLEARANCE RECORD
FOR SUBDIVISIONS AND MOBILE HONE PARKS
The following clearance record shall be processed by the subdivider or his
representative as rewired in Section V of the Weld County Subdivision Re-
gulations.
NAME OF SUBDIVIDER OR DEVELOPER SIERRA INVESTMENTS --
Name of Subdivision. CARRIAGE ESTATES Formerly Chalet West)
Agent / Owner LZs �r
Name & Address
INCORPORATED CITIES OR T(MNS (to be sinned by a City .Official if area is
within the jurisdiction of such)
Approved by —
77m TTTit) --- ----(bate)
Subject to __-- ---. - ---
Disapproved by ---
�Name
ELECTRIC UTILITY COciPANY
Approved by /g7 e/# ,;,e 1" .ercur, .
i:teeJ (Tit_.eS — —7\Dat 'e)- -- --
Subject to / — y « nevfs— /!+c9 /!y/Ja 1�Z ./7225-- Dl �i&r_te t
!cam /A/47 �iJS N �c7/� ✓
Disapproved by ---- — �a e) --- ---
WATER L UNT A DISTRICT
Approved by �1�� ------ June_25. 1915_____
lt�a.ne) (Title ) -- c D;.t e)
�.e_el Dale Dt Olhausen, Manager
Subject to Existing and future extension and subdivision policies of Central
Weld County Water District.
Disapproved by _ .--. ...—_.--
Ci'.r—me ('2 =' i
952064
i
SEWER / / ` -,
/ /' /, <.
S
� � )CC� Y e - n i /
Approved by � -'' � � � ` ����' 1 �./l�
(Name) /(Titre ) i (Date )
Subject to :
Disapproved by
(Name ) (Title ) (Date)
,/ TELEPHONE COMPANY6 GZ-2 6022a- 7
Approved by Gl/ a- G� , 6 - 24- 7r
�,iin e2i
(Name) (Title) (Date)
Subject to :
Disapproved by
(Name) (Title ) (Date )
GAS COMP AIIY
Approved by i- 7i - �t - 75^
r(Na e ) (Title� y?) (Datei _
S
Subject to : al // ✓ ' ' 4.
Disapproved by _-- —�---
ame) (Tit_e1
(Date
PLANNING ADMINISTRATOR '
Approved by _ --
Plane) (Titre ]- (-Date 7
Subject to :
Disapproved by
—`e (Date )
Jinn ) (`i ti-j-)
952064
January 3, 1973
UTILITY INSTALLATION .AGPLEAIEINT
THE Central Weld County Water District and the
Home Light & Power Company, Greeley Gas Company, Mountain Bell . and ,
Hill and Park Sewage District
hereinafter collectively called "Utility Companies", and
Sierra Investments , hereinafter called "Developer",
enter into the following agreement this 25th day of June
1975 .
WITN' ESSETH:
1. The Developer is the owner or builder of a certain subdivision,
planned unit development , planned building group or other commercial,
residential or industrial real estate development (hereinafter
called 'Development") known -as Carriage Estates (Formerly Chalet West) .
2. Developer desires to have telephone, electric, gas, water
and sewer services available to the future purchasers
or tenants of his development as soon as practically possible.
3. Developer desires to have the utility cables, wires, pipe, conduits,
etc. , underground.
4. In order to provide telephone, electric, gas, water
, and sewer , service at the
earliest practical date, it is necessary for the Utility Companies to
commence installation of underground facilities during the con-
struction of the development.
-1-
952064
l
5. The placing of cables, wires, pedestals, pipes, conduits, meters,
etc. , by the Utility Companies prior to completion of all construc-
tion, grading, or other work results in a substantial risk that
them facilities may be damaged, cut, injured or otherwise destroyed
in whole or in part. The damage may be occasioned by the action of
the Developer, his Contractor and/or his Subcontractors, or third
persons not employed by or working for the Developer. The risk of
injury to Utility Companies' property could be virtually eliminated
by installing aerial plant or waiting until all other construction,
grading and other work has been completed.
6. It is understood that Developer is selling sites iwthin the Develop-
ment, and once ownership is transferred to a third party purchaser,
Developer shall be released from any responsibility arising by virtue
of the acts of said third party purchasers which result in damage to
the facilities of the Utility Companies.
NOW, THEN, in consideration of the above and the mutual convenants herein-
after set forth the Utility Companies and the Developer agree as follows:
PROCEDURES:
A) The Developer shall develop a utility plan with the Utility Companies
in reference to the location of utility lines and easements during pre-
liminary planning of land usage. Such a utility plan will be reduced
to writing, signed and dated at an appropriate time by the signatories
of this contract. Changes in such plan after this tin? will be agreed
-2-
952064
•
thereof. The Developer will be responsible for the actual locating
and staking of utility easements upon request and prior to the in-
stallation of utilities within the easements.
I ) The Utility Companies will locate facilities for anyone excavating in
the easements or streets occupied by the Utilities. Telephone numbers
of Utility Locators will be provided.
J) Compaction will be to 95% of original undisturbed ground.
REPRESENTATIONS:
A) After Utilities (Gas, Electric, and Telephone) have been installed in
accordance with the Utility plan and until the Developer has completed
his work in the areas of the installation, the Developer agrccs to
indemify, hold harmless and reimburse the Utility Companies for any
and all loss, injury, or damage including the cost of replacement of
repair to the Utility Companies' property within the development when
such loss, injury or damage is caused by persons or parties other than
the undersigned Utility Companies, save and except as to acts of
vandalise, acts of God, acts beyond the control of Developer other
than acts of the contractors, sub-contractors, electricians, plumbers,
or others performing work for the Developer and acts by or under the
direction of third party purchas rs within the Development. Similarly,
the Utility Companies agree to indemnify, hold harmless and reimburse
the Developer for any and all loss, injury or damage to the Developer's
property within the development, including the cost of replacement or
repair of its property arising faun any damage, injury or cut where
-5-
952064
k
sane was occasioned by the act or acts of the Utility Companies or
their agents. Furtheirure, if grading or landscaping is changed by
Developer, its employees or sub-contractors sufficiently to endanger
the continued use of utility facilities, the facilities will be re-
located by the Utility Companies to a new agreed upon location and
the Developer agrees to reimburse the Utility Companies for the cost
of relocations.
B) The Utility Company will advise the Developer, at an early date, of
the type of service available. If service is not available, the De-
veloper will be advised in accordance with the Public Utility Com-
missions regulations, of the anticipated date service will be avail-
able, if known.
C) This agreement does not cover telephone facilities normally handled
by the Building Industry Consulting Group.
ADDITIONAL AGREEMENTS:
A) This agreement covers construction specification requirements appli-
cable to the Utility Companies participating, but may not fulfill
financial and other requirements of individual Utility Companies.
Separate agreements may be required to satisfy these requirements.
B) In the event the Developer initiates changes after establishing and
agreeing upon a proposed utility plan with the signatories of this
contract, the Developer shall pay the additional costs including en-
gineering costs incurred by the Utility Companies to accommodate
such changes. In the event a Utility Company initiates changes after
-6- 952064
( t
agreeing on such a plan, the Utility Company will reimburse the De-
veloper and/or other Utility Companies for costs incurred in accom-
modating such changes; as well as, relocating service facilities with
all reasonable dispatch. Signatories of this contract may unilateral-
ly or mutually agree in writing to relieve the other of this liability
in specific or general cases.
C) This Agreement shall be binding upon and inure to the benefit of the
signatories, their successors, assigns and legally appointed repre-
sentatives. Mountain Bell
BY -/�:L/e.c -7. /6�-c_
Its Q/LQIe. 42 'L.,
Home�Li htt &PoPowerr Company
o� Greele . s Co an
By A //// I/( , n42J`//" By
Its r,mR0r, Its
HiT and ark 'Sewage District DEVELOPER: Sierra Investments
Its / By4AS, r�.�--c K�-'� � -
* CE LD COUNT ATER DISTRICT Its
/2S/ 75--
Dale D. Olhausen
Its Manager
*(a) Paragraph C, Page 3 shall not apply. Layout and plans and specifications
shall be prepared by developer and submitted to District for approval.
*(b) The Developer shall enter into a separate agreement with the District
which shall supplement this agreement.
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952064
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LETTER Or INTENT
TO WHOM IT MAY CONCERN :
Hill 'N Park , Inc . will furnish 90 sewer taps to the
following described land below:
The Northwest Quarter (N6Vh) of the South-
west Quarter (SWa) , Section 24 in Township
5 North, Range 66 West , approximately 3$
acres of ground .
At the ' time we enter into a contract prices of sewer
taps and 'hook-up fees will be negotiated .
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Ht.- _)-4' , _T.!:-( r)
Elmer E . Lundvall
ii
December 27 , 1971
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952064
Tt Health
/ fl BOARD OF HEALTH
eta/ lCounty L-7 ealth JLJepartn. _nt CATHERINE BENSON. A LT
FRANKLIN O. YODER. MD. MPH 1516 HOSPITAL ROAD RALPH AAR. GREELEY
DIRECTOR • GREELEY. COLORADO 80631 WILLIAM SLICK. ROOGEN
CLARENCE SITZYAN. GREELEY
13031 353.0540 DAVID WERKINO. DOS. GREELEY
August 18, 1975
Weld County Planning Commission
1516 Hospital Road
Greeley, CO 80631 •
Attn: Mr. Tom Honn
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The sewage disposal system (lagoon) of Hill 'N Park Sanitation District
located in Section 27 , Township 5 North, Range 65 West, Weld County, CO
is adequate for the addition of Carriage Estates.
Sincerely,
9-12-7
. -Glen E. Paul , Director
Environmental Health Services
GEP/hv
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952064
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