HomeMy WebLinkAbout20040675.tiff MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, December
11, 2003, at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 1555 N. 17th Avenue,
Greeley, Colorado.
Members Present: Cody Wooldridge, Central Weld County Water District; Doug Dalton, Xcel Energy;
Brent Shafranek, St.Vrain Sanitation District; Jerry Adams,Atmos Energy; Don Somers, Qwest
Communications; Don Magnuson, Cache La Poudre Ditch Company; and Don Carroll,Weld County
Department of Public Works.
Also Present: Peter Schei,Weld County Department of Public Works; Kim Ogle, Planner; Chris Gathman, Planner;
Sheri Lockman, Planner; and Donita May, Secretary.
Doug Dalton,Xcel Energy, called the meeting to order.
1. APPLICANT: H. Leroy& Phyllis Johnson
CASE NUMBER: PF-556
PLANNER: Kim Ogle
REQUEST: Request for a Final Plat for a five lot PUD with an 11.98 acre common open
space lot on a parcel of land described as Lot A of RE-2308; being part of the N2
of Section 25,T5N, R65W.
LEGAL: A parcel of land described as Lot A of RE-2308; being part of the N2 of Section
25,T5N, R65W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 54; '/]mile east of CR 47
Kim Ogle, Department of Planning Services introduced Case PF-556. He said this case was continued from August
8, 2002 because of a right-of-way issue with Union Pacific Railroadwhich was originally fifty feet but has since been
changed to two hundred feet. The PUD is seventeen acres, includes open space, and the lots average two and a
half acres each.
Mr. Ogle noted that sheet number 4 of 6, prepared by Tetra Tech RMC, provides for adequate utilities except for the
back of Lot 5, Lot 3, and Lot 2, where it should be a twenty foot easement along that line. Mr. Ogle suggested that
someone also needed to address the twenty foot utility and drainage easement adjacent to CR 54.
Cody Wooldridge, Central Weld County Water District, said in regards to the twenty foot utility and drainage
easement, Central Weld County Water District acquired a twenty foot easement for the water line that will be
installed the full mile so that needs to be changed on the plat to reflect a twenty foot easement for Central Weld
County Water District. It should still work as there are other places for the various utilities to use rather than the
easement the Central Weld County Water has already acquired from the landowner.
Todd Hodges, applicant's representative, said based on the comments, the applicant's would be agreeable to the
additions on the back of the lots, as it is in the open space which allows for more viability for utilities. He closed by
saying they would like to see this case move forward.
Seeing there were no more comments, Doug Dalton,Xcel Energy asked for a motion. Cody Wooldridge, Central
Weld County Water District, motioned to approve Case PF-556 with the following recommendations:to include the
twenty foot Central Weld Water District easement; and that the back lot easements be changed to twenty feet and
be noted on the plat. Jerry Adams,Atmos Energy seconded the motion. Motion carried unanimously 7-0.
2. APPLICANT: Horizon Investments LLC
CASE NUMBER: AmPF-591
PLANNER: Chris Gathman
REQUEST: Amended Final Plat for Lots 1 &2 of Block 4; Lots 1 &2 of Block 5,Vista
Commercial Filing II
LEGAL: A parcel of land described as Vista Commercial Center, Filing I & Filing II; part of
the N2 of Section 8,T2N, R68W of the 6`h P.M.,Weld County, Colorado
LOCATION: South of and adjacent to State Hwy 119; approximately''/ mile east of CR 3.
Chris Gathman introduced Case AmPF-591. The applicants were proposing to vacate an existing thirty foot utility
easement in order to make the lots more viable for future development. All other existing utility easements proposed
would remain as recorded on the plats. In this particular subdivision in the original filings,there was a standard
fifteen foot utility easement along the exterior of the blocks with filing 1 and 2. They did have some larger(twenty
foot)drainage and utility easements that run through portions of the subdivision. The applicant had sign offs from
Qwest, St.Vrain Sanitation, and Left Hand Water agreeing to the utility vacation, and Planning Staff was also
recommending approval of the applicant's request.
Don Somer, Qwest, motioned to approve Case PF-591 as proposed. Jerry Adams,Atmos Energy, seconded.
2004-0675
r.
Motion carried 7-0.
3. APPLICANT: WB Farms/Carl & Brett Hill
CASE NUMBER: MF-1001
PLANNER: Sheri Lockman
REQUEST: Minor Subdivision Final Plan for eight(8)Estate Zoned Lots (WB Farm Estates)
LEGAL: Lot A of RE-3473; being part of the NW4 Section 20,T7N, R66W of the 6th
P.M.,Weld County, Colorado. _
LOCATION: South of and adjacent to CR 80; 1/4 mile east of CR 27
Sheri Lockman introduced Case MF-1001. Service providers were North Weld County Water District, Poudre Valley
Rural Electric Association, and Qwest. Ms. Lockman said she had letters from Poudre Valley REA and Qwest
saying they can service the sites. There was an agreement with North Weld County Water District in progress, not
yet finalized or signed, but they anticipated no problems.
Don Somers , Qwest, said that in looking at the plat he noticed a mistake in the legal that needed corrected. It
should say R66W. He also asked for clarification about the cul de sac and why there was an easement on one side
but not the other? Ms. Lockman replied that the applicant did not originally own enough land to permit a full cul de
sac. This has been dedicated to the county and actually thirty feet was the adjacent property owners. -.
Peter Schei, Department of Public Works, said the applicant has worked to provide access to the site. Public Works
has no major amendments or corrections to the plat at this time except for a small correction to a typo on one of the
call-outs, basically a twenty foot utility and access easement. He said the applicant has provided mail box location
and school bus turn around on the interior roadway towards the north end of the development. From the perspective
of Public Works, Mr. Schei said this appeared to be a nice site for development.
Jerry Adams, Atmos Energy, said on the southeast corner of Lot 5 it does not appear that the north/south twenty foot
easement continues all of the way through to the southeast corner? Mr. Schei said it was just a minor graphics
detail. Mr. Adams also asked if the side lot easements should be called out as ten and ten equally, rather that
twenty? Mr. Schei replied that he would check the notes on the plat. Should that not be the case, it would be
appropriate to do so as it wa s standard in the Weld County Code to provide
a ten foot easement, a portion equally,to provide the twenty foot side lot easements. If this was not already on the
plat, Mr. Schei agreed that it should be placed on the plat.
Jim Rawson, applicants representative, addressed the Board and requested something in writing to support the
corrections and recommendations made today. He was assured by Ms. Lockman and Mr. Schei that he would
receive written notification.
Cody Wooldridge, Central Weld County Water District, motioned to approve Case MF-1001 with the amended
corrections. Don Carroll, Weld County Department of Public Works seconded the motion. Motion carried 7-0.
The meeting was adjourned by Doug Dalton, Xcel Energy.
Respectfully submitted,
1 ry Pb +Loan\
Donita May
Secretary
toss.
BOARD OF DIRECTORS NORTH WELD COL. .TY WATER DISTRICT
GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE,CO 80646
ROBERT ARNBRECHT
CHARLES ACHZIGER .,- DON POSSELT,DISTRICT MANAGER
RALPH PRIOR
JOHN JOHNSON PO.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997
e-mail: water@nwcwd.org
October 23,2002
Brett Hill James Rawson
13388 WCR 80 Snowdance Development Group
Eaton,CO 80615 1750 25th Ave.,Suite 305
Cell H:396-1537 Greeley,CO80634
Re: WB Farms Estates P.U.D.
North Weld County Water District is able and intends to serve the proposed 9 Lots in the Subdivision,
located in the NW'G of Section 20,Township 7 North,Range 66 West,of the 6th Prime Meridian.
The Developer will have to extend a 6-inch diameter water line from WCR 80 to the subdivision to provide water
service. The Developer will be responsible for engineering and construction of such line. North Weld County
Water District shall approve the engineering design of such line and will also inspect construction of such line.
The District will wet-tap the main water line in WCR 80 and the developer shall pay the District for such tap. The
six-inch line will be able to provide flows up to 500 gpm with a residual pressure greater than 20 psi. The average
working pressure will be 45 psi.
The costs associated with water service shall be the current Plant Investment &Distance Fee per Lot prior to water
being supplied to the subdivision or phase of subdivision. The Water Mains serving the subdivision shall be paid
for and constructed by the Developer,according to the Districts' Standards and Specifications. Raw Water shall be
purchased through North Weld County Water District before an individual tap will be set. The Raw Water Cost
may be paid by the developer,or by the individual lot owner.
Refer to the following Table for the costs of the associated Fees at the present time. All Fees and Requirements are
subject to change without notice,therefore;it is recommended to keep in contact with the District periodically for
updated costs and requirements.
Fees and Requirements Cost Time of Payment
(as of October I,2002)
Off-Site Infrastructure Developer Responsibility After County Approval
Wet Tap of 14"Dia.Line $12,000(Lump Sum) Before Water is Supplied to the Subdivision
Plant Investment Fee $58,500($6,500 per Lot) Date To Be Determined
Distance Fee $16,200($1,800 per Lot) Date To Be Determined
Fire Flow Fee SN/A N/A
Raw Water Requirement $117,000($13,000 per Lot) Before Individual Meters will be Set
Meter Set Fee $7,200($800 per Lot) After Individual Meters have been Set
Total Fees Developer Portion
Total Cost for 9 Lots S210,900+Off-Site Waterline $86,700+Off-Site
Waterline
When the Developer is ready to proceed,the District and the Developer will enter into a legal Water Service
Agreement.
If you have any questions,you can contact me at the office(970)356-3020.
Alan Overton
North Weld County Water District
P?Subdivisions\WB Farms Intent(I D-23-02).doc
Will Serve
Qwest Communications Thursday, August 21, 2003 3:18:16 PM
3351 Eastbrooik Drive
Ft. Collins, CO 80538
CAROLE VEYSEY
Tracking # 2312
SUBJECT:
Telephone facilities to planned/proposed development.
Attn:
'(yWBB�FARMS .y��L, , _
tal
JIM RAWSON
1750 25TH AVE STE 305 GREELEY,CO 80634
970-356-9787
Qwest will provide service to your planned/proposed developement:
WB FARMS
20 7N 66E piTH P WELD
,1M teeetettac-Saapel
Provisioning the service will be in accordance with tariffs on file at the Colorado Public
Utilities Commission. I will need a final plat with measurements, easements, addresses,your
phasing plan, and a trench plan before I can have this engineered. If there are any further
questions, or if I can provide any assistance,please contact me.
CAROLE VEYSEY 970-377-6406
(LDA Coordinator) (Phone)
Sincerely
-- 08/21/03 THU 15:16 [TX/R% NO 6794] lib 001
Z000 (9099 ON I21/Il) 6Z:4r .7.-00/9Z/90 ^�
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Poudre ` NR
POUDRE VALLEY RURAL Valley EA
ELECTRIC ASSOCIATION, INC.
P.O. BOX 272560 7649 REA PARKWAY
FORT COLLINS, CO 80527-2550 FORT COLLINS. CO 80528
Bus. Phone 970.228-1234 FAX 970.226-2123
800-432-1012 www.pvrea.com
August 28, 2003
Snowdance Development Co.
Jim Rawson
1750 2S Avenue Suite 305
Greeley, Colorado 80634
RE: WS FARMS ESTATES, TOWNSHIP 7 NORTH, RANGE 66 WEST SECTION 20
WORE ORDER #36238
Jim Rawson:
Poudre Valley Rural Electric Association, Inc. is ready, willing and
able to serve all electrical loads within our certificated service
territory subject to the Rules and Regulations of Poudre Valley Rural
Electric Association:
If you have any further questions, please call our office.
Sincerely,
John R. Thomas
Engineering Representative
hhp
•
WAMy Documents\2003VRT\WO 36238 READY ABLE L1TLdoc
Your Touchstone Energy°Partner
AN EQUAL OPPORTUNITY EMPLOYER
70 7C1HJ HIv Ar11Hfl P717.-477.-R/F bf_:bS 200Z/8Z/80
WATER SERVICE AGREEMENT
(DEVELOPMENT/SUBDIVISION - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the day of
2003, by and between the North Weld County Water District, acting by and through the
North Weld County Water District Enterprise (hereinafter "District") and Brett Hill,
(hereinafter "Developer"), of WB Farms Estates P.U.D., (hereinafter "Development").
RECITALS
WHEREAS, District is a statutory special district formed under the laws of the
State of Colorado and is a quasi municipal corporation; and
WHEREAS, the District Enterprise was created by the District, in order to comply
with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1
of Title 37 of the Colorado Revised Statutes, as applicable; and
WHEREAS, the District owns, maintains and operates a system for the storage
of and distribution of potable water within Weld County and Larimer County, Colorado;
and
WHEREAS, the Developer desires to contract with the District for certain potable
water supplies and services for the Development known as WB Farms Estates P.U.D.;
and
WHEREAS, Developer intends to plat and/or develop more than three residential
lots which will require dedication of raw water and/or payment of cash in lieu of raw
water dedication in accordance with the terms of this Agreement;
NOW, THEREFORE, in consideration of the premises and the covenants and
agreements hereinafter set forth, it is agreed by and between the District and Developer
as follows:
ARTICLE 1
WATER SUPPLY/FACILITIES
1.1 The District shall furnish a customary supply of water for a total of seven
(7) individual residential water taps ("Taps"). Lot 1 will utilize an existing tap with an
account number of 2196, currently located at 13388 WCR 80. The District shall furnish
70% of an acre foot (228,000 gallons) of water per tap per annual water year, if the
allotment for Colorado-Big Thompson (CBT) project water, which is determined by the
Northern Colorado Water Conservancy District, is 50% or greater. North Weld County
Water District will restrict the delivery as necessary when the CBT allotment is less than
50%.
1.2 The water to be furnished by the District shall be potable water, which
complies with the Federal Safe Drinking Water Act and any other applicable drinking
water regulations. No promise or guarantee of pressure is made by the District or is to
be implied from anything contained herein.
1.3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water, except for interruptions due to: (1) Uncontrollable forces;
(2) Operations or devices installed for water system protection; (3) Maintenance, repair,
replacement, installation of equipment, or investigation and inspection of the water
system, which interruption or reductions are temporary, and in the sole opinion of the
District, necessary.
1.4 The District shall install and own a meter vault at each individual lot.
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ARTICLE 2
RESIDENTIAL TAP COSTS AND EXPENSES
2.1 The Developer shall pay the full portion of the construction for water lines
within the Development (or that exclusively serve the Development) that will serve the
individual taps. The District must approve engineering and construction plans of all
water lines before construction. Once the District has approved the final water line
construction and installation, in accordance with all District policies and engineering
requirements, the District will conditionally accept the water lines by issuance of a
conditional acceptance letter (see Exhibit "A"). Two years after conditional acceptance
of the water lines, subject to final approval by the District, Developer shall dedicate
ownership of the water lines to the District. The Developer may use the District's
existing water lines to serve the individual taps, if the District determines in its sole
discretion, that the water line may be accessed and has available capacity and pressure
to serve the Development.
2.2 No residential water service will be provided to any water tap within the
Development until all fees, expenses and charges as determined by the District have
been paid and/or water dedicated. The fees, charges and expenses, and/or water
dedication shall be as determined and defined by the District and based upon such
fees, charges and expenses, and water dedication requirements then in effect.
Developer understands that the amount due for such fees, charges and expenses,
and/or water dedication are subject to change or modification at the sole discretion of
District.
2.3 Pursuant to this Agreement, the fees, expenses and charges for a water
tap consist of (1) Infrastructure Enhancement Fee as determined in Paragraph 2.4; (2)
raw water or cash in lieu as provided in Paragraph 2.7; (3) Plant Investment Fee as
provided in Paragraph 2.5; (4) Mileage Charge pursuant to Paragraph 2.6; and (5)
Meter Fee as provided pursuant to Paragraph 2.10. Notwithstanding anything to the
contrary herein, payment of all fees, expenses and charges as established pursuant to
this Agreement shall be a condition precedent to the District being required to provide
water service to any tap within the Development. If the total fees, expenses and
charges are not paid, all prior fees, expenses and charges paid by the Developer or any
improvements made by the Developer shall be considered as forfeited to the District as
liquidated damages as accurate calculation and determination of damages would not be
possible.
2.4 The District may be constructing substantial offsite infrastructure
enhancements. A portion of these enhancements will be attributable to the
Development and an Infrastructure Enhancement Fee will be charged to the Developer.
The Infrastructure Enhancement Fee shall be solely determined by the District, and for
this development said fee shall be the sum of$7,500.0°. A portion of this payment
determined to be $375.0° of said Fee shall be paid by the Developer and payment shall
be made upon execution of this agreement and the remainder ($7,125.00) of said Fee be
made prior to commencement of construction of water lines that will serve the
Development, or the issuance of any residential building permit, whichever occurs
earliest. The Infrastructure Enhancement Fee, as established in this paragraph 2.4, is
non-refundable.
2.5 The Plant Investment Fee for two taps shall be initially paid to the District
in a single lump sum on or before the 1st day of September, 2004. If the Plant
Investment Fee for the initial two taps has not been paid by this last mentioned date,
this Water Service Agreement shall be deemed null and void and the District shall be
entitled to keep, as liquidated damages, any sums or fees previously paid by Developer.
The Developer will be responsible for making payments of the Plant Investment Fee in
groups of two (2). Said payment shall be made prior to the issuance of any residential
building permit or the installation of the water service, whichever occurs earliest. All
Plant Investment Fees paid, shall be in accordance with the Plant Investment Fee as
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•
established by the District and in effect at the time of the lump sum payment. No
portion of the Plant Investment Fee shall be returned or refunded once established
pursuant to this Agreement and the Development is approved by Weld County, even if
the number of lots and/or taps in the Development is later decreased or unsold.
However, if the number of lots and/or taps increases beyond the number established in
this Paragraph 2.5, Developer will pay the Plant Investment Fee for each new tap within
the Development at the rate for Plant Investment Fees then in effect.
2.6 Also, the Developer shall initially make payment for the Mileage Charge
for two taps to the District in a single lump sum on or before the 1St day of September,
2004. If the Mileage Charge for the initial two taps has not been paid by this last
mentioned date, this Water Service Agreement shall be deemed null and void and the
District shall be entitled to keep, as liquidated damages, any sums or fees previously
paid by Developer. The Developer will be responsible for making payments of the
Mileage Charge in groups of two (2). Said payment shall be made prior to the issuance
of any residential building permit or the installation of the water service, whichever
occurs earliest. All Mileage Charges paid, shall be in accordance with the Mileage
Charge as established by the District and in effect at the time of the lump sum payment.
No portion of the Mileage Charge shall be returned or refunded once established
pursuant to this Agreement and the Development is approved by Weld County, even if
the number of lots and/or taps in the Development is later decreased or unsold.
However, if the number of lots and/or taps increases beyond the number established in
this Paragraph 2.6, Developer will pay the Mileage Charge for each new tap within the
Development at the rate for Mileage Charge then in effect.
2.7 The raw water requirement shall be met by payment of cash in lieu of the
d'cation of raw water. The initial cash in lieu fee shall be a single lump sum payment
for taps and is to be paid on or before the 1St day of September, 2004. If the Cash
in Lieu Fee for the initial two taps has not been paid by this last mentioned date, this
Water Service Agreement shall be deemed null and void and the District shall be
entitled to keep, as liquidated damages, any sums or fees previously paid by Developer.
The Developer will be responsible for making payments of the cash in lieu fee in groups
of two (2). Said payment shall be made prior to the issuance of any residential building
permit or the installation of the water service, whichever occurs earliest. All Cash in
Lieu Fees paid, shall be in accordance with the Cash in Lieu Fee as established by the
District and in effect at the time of the lump sum payment. If the number of lots and/or
taps increases beyond the number established in this Paragraph 2.7, Developer will pay
the Cash in Lieu Fee for each new tap within the Development at the rate for Cash in
Lieu Fee then in effect.
2.8 The Developer shall provide the District with security to secure the
installation and warranty of water lines within the Development during the one-year
conditional acceptance period. Said security shall cover 25% of all costs for
construction of said water lines, which shall be released at the expiration of the one-
year warranty period and upon full acceptance of the water lines by the District. The
type of security to be accepted shall be at the sole discretion of the District which will
normally be a letter of credit, certificate of deposit, or bond.
2.9 During the one-year conditional acceptance period the Developer will be
responsible for any repairs or maintenance of the Development water line
improvements. All such repairs and/or maintenance shall be in accordance with the
District policies and engineering requirements, and shall be reviewed and approved by
the District prior to any repairs or maintenance being effected except in emergency
situations.
2.10 Prior to a meter being set and water service being provided at or for any
tap, the Developer or parcel owner shall be required to complete the District's tap
application form, commit to pay the Meter Set Fee, and pay any remaining fees,
expenses and charges, if any, in accordance with the policies and procedures of the
District at the time of any tap application, or any other expenses or costs that may be
P:\Subdivisions\WB Fanns\WaterServiceAgreement(09-09-03).doc
incurred by the District in relation to the Development. Once the application and
payments have been completed, the Developer or parcel owner shall have one year in
which to have the water service physically installed. Upon installation or after one year
from the completion of the application the Developer or parcel owner shall be
responsible for making monthly payments to the District with the District's then current
rates. If payments are not made, the District will enforce its policies for collection of
past due balances and possibly termination of water service.
ARTICLE 3
FIRE PROTECTION
3.1 Fire protection is a basic provision generally required for development
activities in the County for which this Development is to be constructed. The
Development may be located within an established fire protection district ("FPD") which
has its own policies, procedures and requirements concerning fire protection which may
be in addition to or supplement any requirements imposed by the County. Developer
understands that District is not responsible for compliance with any such FPD or County
requirements and such requirements are the sole responsibility of Developer, FPD
and/or County. Developer further understands that District is not required to provide fire
flows or even allow fire protection devices, including but not limited to hydrants, water
lines, sprinklers, and valves, to be installed, inspected, serviced or provided by District.
3.2 However, as a courtesy and public service, District will permit Developer
to install certain fire protection infrastructure pursuant to the provisions of this Article 3
and any other provisions or requirement deemed necessary by District, in its sole
discretion.
3.3 Developer shall provide to the District, FPD and County plans and
specifications for fire protection infrastructure, including but not limited to location and
size of water lines to serve fire hydrants ("Fire Facilities"). Said plans shall be in
accordance with any specifications and requirements established by District, County
and/or FPD. Based upon the plans, the District has determined that Developer shall be
required to install separate and dedicated Fire Facilities which are water lines and
hydrants separate and apart from the water service lines that provide potable water to
the residential taps within the Lawley Acres Development. If Developer is unable to
provide adequate or completed plans at this time, the District, in its sole discretion, may
subsequently require the Developer to install such separate and dedicated Fire
Facilities prior to final approval and submission and/or recording of any final
development plan.
r
Developer-shall be responsible for installation of the same including all costs incurred by
District-te-rreview plans, installation, and inspection of the same by District. Upon
approval-of-the-installation of all such fire facilities by District, County and FPD, District
will-thereafter assume the responsibility for effecting maintenance and repairs of such
facilities butDistrict will be compensated for such maintenance and repairs, in
rpetuity b„ Developer or Homeowners Association in the Lawley Acres Development.
Additionally, responsibility for all costs of maintenance and repairs shall become a part
of-Covenants-that run with the title to all lots and property within the Development, and
which-shall-constitute a first and prior lien upon all lots and property in said Lawley
Acres Minor Subdivision.
3.5 As a consideration for this Agreement, Developer releases District from
any and all liability or claims that may be made against the District concerning lack of
water, pressure, maintenance, etc.
3.6 Any final approval of this Development must make reference to the
responsibility of the property and owners concerning expenses of maintenance and
repairs for the fire facilities pursuant to Paragraph 3.4
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ARTICLE 4
EASEMENTS AND RIGHTS-OF-WAY
4.1 As additional consideration for this Water Service Agreement, Developer
agrees to sign and execute the attached form Easement and Right-of-Way Agreement
(Exhibit "B") with the specific locations, widths, size of pipeline(s) and descriptions to be
determined all of which shall be satisfactory to the District, at its sole discretion. This
Agreement is conditional upon execution and recording of the Easement and Right-of-
Way Agreement, and until such Easement and Right-of-Way Agreement is finalized to
the satisfaction of the District and recorded, District shall not be required to provide any
services of any type.
4.2 In addition to execution of the attached Easement and Right-of-Way
Agreement, any plats submitted for approval to any governmental authority shall provide
and indicate the location of the easements and rights-of-way as provided in this
Agreement. Said plans and plats must be approved by the District prior to any final
approval by any governmental authority.
ARTICLE 5
MISCELLANEOUS
5.1 This Agreement is conditional as the final plat of the Development has not
yet been approved by Weld County. If the final plat is not approved on or before the 1st
day of September, 2004, this Agreement can then be terminated by Developer and the
same shall be considered null and void. Notwithstanding any language to the contrary,
Developer shall be entitled to a refund of 90% of costs and expenses paid pursuant to
Article 2. The 10% retention by the District shall be considered as administrative
expenses. The Infrastructure Enhancement Fee as stated in Article 2.4 is non-
refundable.
5.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
5.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
DEVELOPER:
By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: By:
Secretary President
STATE OF COLORADO
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, by
Developer.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, by as
President and as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires:
Notary Public
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