HomeMy WebLinkAbout20021546.tiff Kim Ogle- Mill Creek PUD Page 1
From: LEE Morrison
To: I:toddhodgesdesign@earthlink.net
Date: 2/27/02 4:53PM
Subject: Mill Creek PUD
Water agreements with Little T are adequate
Lee D. Morrison
Assistant Weld County Attorney
915 10th St., PO Box 758
Greeley, CO 80634
(970)356-4000 x 4395
FAX 352 0242
CC: kogle
2002-1546
s.r -
n
LITTLE THOMPSON WATER DISTRICT
DIRECTORS: USES CTA is
+�.".•• owner 1,2001 asaSMwss
err. SSG
IYa insist
Deafen
star
adAKAOM
aMiMaa�111�
Dennis W.Neal
ReMn Alliance
4770 basal t s Road,Suite 200
Boulder,CO 80303
Dear Me Neal:
This letter is in response to your request foram**service commitment fir up to 9 reaidamdal
lots.in the proposed subdivision described as fhllowa:
PORTIONS OF SECS,T4N,116BW--WELD COUNTY,CO
The District provides water service within its service area as defined by the District. The
provision of water service by extension of existing water linos of the District to the above property
and the installation of taps for lots is done pier the terms of the Riles and Ragalrrions of the District
established by the Board of the District from time to time. Yon may obtain a copy of the Rules and
Iegulations front the District This letter outlines the provisions of the Rahn and Regulations,
bon this letter does not change any provisions of the Rules and Regulations. The Board of the
District may alter and amend the links and Regulations at soy time.and the provisions of this letter
are subject to alteration and amendment based on ages in the Rules and Regulations of the District
We =trendy have an 8" diameter water line located along Weld County Road 3 and a 6"
diameter line along Weld County Road 40 34 with additional capacity available Therefore, we can
commit to provide service to the above property, subject to the limita4ans in this letter, for on
standard residential 5/8" X 3/4" water tap per lot; and the following additional limitations on the
provision of water service are:
1. In August of 1993 the Little Thompson Board implemented a"system impact" ibettf
$1050 per lot for*Blob to be added to the system.This is due upon completion of the
main lice extension agreement
2. All improves to District facilities required to provide service will be the financial
responsibility of the developer in accordance with the District Rules and Regulation
All improvements must confirm to District Specifications.
n
3. Lade Thompson Water District requires the traoathr of one abate of Colorado Big
Thompson water for each lot in the commitment and then to pay for the rest of the tap
fee as the weber limes are paten service.The developerthan has the taps to sell with the
rots at the price thin be secs.
4. If a Ike hydrant is required for the subdivision there is a$2,000 fire hydrant fee that
needs to be paid prior to installation of the fire hydrant. You will be responsible for
any improvements needed to meet the required fire flows in your subdivision.
S. In order to provide the re quhed flows to the subdivision you will be amend to
fronds' participate in the installation ads 6"Dia.water line float Oat ideation of
WCR 40 and WCR 5,North to WCR 42 and then Beet appear. 1/4 mile to loop die
existing system. Your paetimpation will be $1,000.00 per lot and win be due when
construction of the water line begins.
6. - You will be required to povide the needed vs lines in the proposed subdivision.
7. The design, installation and tope cost of the project will be the responsibility of the
developer.
This=Inuits latter will expire two years from the date of this letter if the tape have not
been purchased,paid for and installed by that deee of acpirstiom.The a fee for the domestic sir •
X 3/4"tap is$14,000.00.YOU ARE HEREBY ADVISED THAT THE RULES,REGULATIONS •
%^ AND TARIFFS OF THE DISTRICT ARE SUB$E(,T TO CHANGE WITHOUT NOTICE;
AND THIS LEVIER IS ISSUED WITH THE SPECIFIC LIMITATION THAT THE
DISTRICT MAY CHANGE TER RULES, REGULATIONS AND TARIFFS APPLICABLE
TO THE ABOVE PRAMICRTY AT ANY DMZ WITHOUT NOTICE TO YOU OR ANY
PERSON.
If you have questions,please contact me.
G%� idated .Cook
District Engineer
' ,
Agreement for Water Main Extensions
This weetaent,made and emend into this day of ^r ewi Z.
.YJ—.hyand between LITTLE
THOMPSON WATER DISTRICT,htreia fter called the"Made"Madeand 6111 5 W N 0,41. .
bereiaateet called"Gamer",is upon the following seems and auditions,to-wic
I. The District is organtiedas a special diarIct under lawe of the State of Colosado saving nested water within the Distria as may nowbe
established,or as hereinafter established The Qsmmtr is either ..iapsylag elector within the Disnia,ordeal=CDnaive way amice
and to join the Duda- in this Agleam2. The Cur" desire to obtain waxer service for the"property"daalbed
3. The Custotaa shall pay for and provide all water mains either within or
Di approve m
without
hkcmae boundaries
ae of the is tr f the District
order to provide
water service m the peepettyt hen the District may construct said mains. the
Caaomer s contractor upon no approved by the DiaS'.
A. The flisnda must appove suS istrucdon by the Oar--.. a the OanomdeaonaacONbyawrimenagteemem providing�
the rums of such iusafation,including requtremme that the materials and shell meet all standards of the Dhnia and that
provides for Inspection by the Diaala of the comerucdon of such water mains.The cost of all construction shall be paid by the
Customer to the District. advance
li. A towards the consent etion
eonO1 the n District
orsuch inoallalxovided hercoall mple paion by the Customer to the Distria as an of all aonsttnraian and acceptance by District,a final atjnstmentof
test of Dimi l pas such its' .In the Aha a at it is determinedwillifIn that the deposit is insufficient to cover the estimated a of
c isawtiaa.then the Customer shall pay to the District,on demand,addidonal advances toads the a of construction.
C, If the installation is constructed by the Customer,a the Castanets contractor.the Customer shall tmnste aN right.title and
interest in and to the facilides installed as well as ill easements and apptu'xaanoer and other uneasier property rights to the
Dismlabygoodandsatfdentassignmentorbillofaleapeoaalwarrangeked.Suchnu tashallhemadefreesa da&ofall
liens and encumbrance.and the Customer shall furnish sufficient evidence of title an"corm 100n side policy � m miif required>»'
the
Dimict.The Customer shall furnish mechanic's lntre aurora goad and mlfidentperf®sce
and the Colorado Ida aate's Lien Law in ostler to insure that all comtrucdoa costs ham ban paid in full.MI labor and materials
shall be warranted for defects deny kind bf Customer and Cusmmer's contractor for one year from the date of acceptance of such
facilities by the written maepaaoe of such feeilitirs The District.upon receipt of the dowmems al ter and evidence of title,
shall consider'whether to accept or reject the inmlladon. If the Customer has complied with this Agreement and all other
condltoos precedent to the aatspmoe of the facilities,the District shall approve and accept the rooster and tall thereafter
assume operation and mafatenauaeof the lines.Ia no event shall the Dhmiaauumeowmarblp,operation o maintenance of any
instathdem an the service side of the metering insalhtion fa the property.
4. The District will provide service in accordance with its rules and reguladoa and line mansion policies as now adopted am maybe
hereafter adopted by the District The Customer shall commence payment of established rare of the Manic,including minimum tea.on
the date of humlLdon of a tap and water is available for use at the tap.
6. The District.pursuant to the terms of this Agreement,will only he obligated to save the tap size shown on this Agreement
& The tams of this Agreement shall apply totheproperty describedherein,and the taps hereinafter ptvoidedmaybe tardy uponmid
property.The parties bat c al¢ee that this Agreement shall be nested as personal property and not real property.
7. The Customer shall provide the District with an aerurate copy of the final plat of the property to beset by the Diana.11 die plat
must be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in
which the development is dad must he provided to the District. as herein described to
QM=hereby fpm to the
e Mulct the right to earn upon the land of the Customer and on the property
construct,operate and anirmin the Molina herein described,together with the full right of ingress and egress,and to an and aim cotes
and shruhhey to the name necessary.The Customer shall obtain and aomey to die Dimtiaan events required by the DNsula.aed the
District shall not he responsible fanny delay in providing service in the even of failure to provide such easements.Furthermmm failure to
provide easements required by the District will cause this Agreement to become null and void and of no further force and Sect.and the
Customer shall forfeit all mousy a rights theretofore tranatsred to the District
a Theladlt¢abedndesribedamrequitedbytheQntomerbydatehereiafterstated.Inthet e;dieDistrictinstallstheu beaky.the
District dull use reasonable diligence In providing said fadDdes by that date.If said facilities canna be installed because of sad God,
gamma authority.action of the elements,accident,striker,labor trouble,inability to secure aerials a equipment,a any awe
beyond the remonable control of the District,xis District shall not be liable therefore Or for dart awed:baeby.
10. In the event the District installs the facilities. the Diana shall install the facilities described herein in'gouda*with good
engineering practice after the Gamer has established property Nos,air as,alleys and mama to final grade and prior to the
paving of nem and the carnal of curl and gutters The Customer shall reimburse the District for any=panedue to subsequent
Menges by the Customer.
11. Water service shall be provided to Customers located within the property at the District.applicable raem and upon as and
conditions now in effort a atthe nmaand undo the tams andmnditiomas may be hereafter be adopted by the District and uptat the rule
and regulations as now n orrs may beaker be. .h)hlw,,4 by sir District.No wa eraerr ice may be obtahred accept epee peepers/
included within the boundaries of the District Cwtomer agree that no other pesos shall bep permit to use water proddedby the taps
herein dern'bM.
12. In diemeet that eonsa aketithe water mains is not ommpleeed by the Canteen ere rethe Customer's caneractoron or before years
hots the dated thisAgaesnmi.then this Agreement shall become null and void.In suds amt,the Disnict stay setoff against thedepodt
herein providni to dx amount of is expense and return the balance of ouch deposit,if my,to the Customer.Customer awn to pay an
amen*Mama&by the District in.zoos of arch deposit
LTIfh pale 210 Ann I d a
Cher.hay 881
,•-. Agreement for Water Main Extensions
I3. (Del=fiiraPPlicable)le aide to off set the con of water to supply the property been desaibed,the Customer agnes tosellto the
District the number of aaelooteumn of die Nathan Colon do Water Cemsewacy Dlmia.Loveland.Golatado,wale rights at the
amoim for each unit,beeinefter described.Customer shall receive cash for midi units transferred to die d i Distict.but the i.b oat t al l ninech f
such unit m beds slated shall be applied established by the District upon
the date 14. TeIHsoiaagreetoallowinstalladondthenumbedtapshadmlmrpaovidedw/ithintheabo+edea''hedproperty,ands&tap
shall not tamed 1/4 inches No taps will he served by the Maria until all of the tams andamdfdmsd this Apaaenthavebeenfui611ed
by the cthe Cies,includingconiferofdraboverdaaibedwarrtithe.TheanimalnotheoseddaallpatpetyoderthatWtdesctfd
herein without the epee prior written wren of the District to such transfer Any ruah trmdashall beunde at property owned by the
Qnrome,sad such pe.pety,and de Customer,than meet an ruler,repletion and requires of the Dina in=dm to achieve a
requested want Any right to moire a ulp option or water rights credit under this Agrees,whether upon the abovedeaihed
paperty.arm any od%fl place shall apse aM1' nufl gndvoid20years Cram thedareof thisAgreemmt.(•.trtimaer may not ascitmbe,
ssargmge oreollasaally assign the taps without the prim written consent of the Maria thereto.In all otharnpects the tepsorwararights
ants shall be treated as personal proper!. benefit prmpen!owned by anther CUMMINS of the
15. Beaux insallidon of certain halide to the below described property may a fee from another party to nerve property-its t e
District,the D➢Wit may pay lap rebuts to the Customer upon receipt of a fully p tap
included within the below desalbed property.These taprebates will be paid in accmdane with the DisuieRulee and Renabroneradthe
Grrtomer slwuld familiar.*therapist'with this portion of the aforementioned Rule and Reguldasatd- The parties period,hereto pte shall
hat
re[mab will be made for a period ofapan from thedateof this Arson and wilhatl asraeddeQrs said
arperiou for ,timpmrmaall
haw no further obligation to make rdmds.The total amount d the tap rebates
16 The Qtstome agrees to abide by all rates established and rules and Regulations of the District as now etablished at as may hereafter
beaablidrdby the District.Disticttall not be liable for any inPnyordatagefar fa=re todeliveane for any raann huludingbutnos
limited to war,riot.insurrection,An of God,or breaks cc failure of the water sysram Atop
No agent or rep remative of dr District has tie power to amend,modify.alter a waive any ProvisionsProvisionsd this Agreement
pianist&agreements,or representations made by any agent or repre enative of the District not herein set funk stall be void end of no
further farm and effen as well as all fees,tansy tolls
It The Qtxome unde stands and agrees that all amount due under the teems of this Ape men
peaida.or charge for inches,programs.or facilities furnished by the District aonsdmre a perpetual lien on the property herein
desafheth and that such lien may be foreclosed in the as many as provided by the laws of the Stale of Colorado for the fasadosureof
medan c s lieu.f32.1.1001(1)()),C.R.S.1975(1981 ater✓dmena).In Seven;Customer fails so slide by any of the termer mndiie:sof
this Agreement,Cunasier agree to pay an msa and motes incurred by the District as a math of the inert including direct and
yategperaial damages.lea of revenue.attorney fees.court oats,aspen wince lees and other expaus.
19. n 1greatent shall be binding upon end inure to the benefc d the heirs.remora repmdondves.as t.--s end etha e of the
parties heteto,traps as provided herein,the Cmtome may not assign all or any Fort of any ins in this Agreement to any person.
IN WITNESS WHEREOF,the pups beam have set their signatures the day year fix above w rina&
THO SO t T DI AICT I�al�
/Y/
lfER
lilt
g' Al ToMalang t 12n3� Ntwe+- ,nrl-
RadRed by LTWD Bond of Directors at: Litt —9c17-0561
-ysmJ `Tsphom: '44 1)Real Estate Description for Agreement("property):
,inn! of i/tt,5 2% VI 31# R68i, - w call/7F
a west- 3 d-- ova- tt-0k.
2)Amount of Depodrq Af ea*
3)Dot Oise.nods Annie= U ph IV wN
4)Number of Nathan Colorado Was Conservancy District units transferred to District Wit, fl OP )r q.Z ps
3)Pries pa unit of Nathan Colorado Warne Conservancy Dime water atrium tf!
6)Tap!be VI at 3/4(aches.
7)Number of taps to be installed: q
8)Plu Provided?_Yes _X-No
9)Number of new We hydros %J A B
10)Fee for hydrant kmhy/WM
LIRA POUd IN tvht s«a
aer.leya
WAP9 SUPPLY INFORMATION SUMMPAIY
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.
.. NAME OF DEVELOPMENT AS PROPOSED
Mill Creek PUD
2. LAND USE ACTION PUD Change of Zone
3. NAME OF EXISTING PARCEL AS RECORDED Lot D RE:2835 IR
SUBDIVISION FILING BLOCK LOT
4. TOTAL ACREAGE 15 2.8 15 5. NUMBER OF LOTS PROPOSED 9 estate PLAT MAP ENCLOSED t YES
6. PARCEL HISTORY- Please attach copies of deeds, plats or other evidence or documentation. Deed in Change of Zone packet
A. Was parcel recorded with county prior to June 1, 1972? O YES X NO l�
B. Has the parcel ever been part of a division of land action since June 1. 1972? YES O NO
If yes, describe the previous action recorded exemption I1
7. LOCATION OF PARCEL • Include a map delineating the project area and tie to a section corner. _1
_ 1/4 OF Pt.SW 114 SECTION 29 TOWNSHIP O4 MN ❑ S RANGE G8 . C E W
PRINCIPAL MERIDIAN: .eI 6TH O N.M. O UTE C COSTILLA
' ' PLAT • Location of all wells on property must be piotted and permit numbers provided. _
Surveyors plat O Yes O No if not, scaled hand drawn sketch O Yes O No �I
9. ESTIMATED WATER REQUIREMENTS • Gallon:per Day or Acre Feet per Year 10. WATER SUPPLY SOURCE
O EXISTING Q DEVELOPED0 NEW WELLS
WELLS SPRING morose MAIMS.'CHECK ONt7
HOUSEHOLD USE # 9 of units GPO 6.75 AF WELL PERMIT NUMBERS -AuUrvut _ JPP'ARAPAHO(
2 UPPEA OAW:ON .:OWtA ARAPAHOE tl
COMMERCIAL USE # of S.F. GPD AF `1(OMRA DAMSON "UruMIE FOX MIS
owe 5AtoTA
:.—r OTHER
IRRIGATION # 100 of acres GPD 2G0 AF
STOCK WATERING # of head GPO _ AF O MUNICIPAL
O ASSOCIATION WATER COURT DECREE CASE NO.'S it
OTHER GPO AF O COMPANY �l
M DISTRICT
TOTAL GPO 266.75 AF NAME Little Thompson
LETTER OF COMMITMENT FOR 11
SERVICE IN YES O NO
it
11. ENGINEER'S WATER SUPPLY REPORT .❑ YES X NO IF YES. PLEASE FORWARD WITH THIS FORM. (The may be reaa;red:erase •eview a :cmp:ited.1
Ability to serve letter from Little Thompson Water District is included in packet.
12. TYPE OF SEWAGE DISPOSAL SYSTEM
le".‘ SEPTIC TANKILEACH FIELD CENTRAL SYSTEM • DISTRICT NAME
C LAGOON VAULT • LOCATION SEWAGE HAULED TO
Hello