HomeMy WebLinkAbout20030054.tiff W4TER SUPPLY INFORMATION SIfr"MARY EXHTBTT B
Section 30-28.133,(d). C.R.S. requires that the applicant submit to the County,'Adequate evidence that a water supply that
is sufficient in terms of quantity, quality and dependability will be available to ensure an adequate supply of water.
1. NAME OF DEVELOPMENT AS PROPOSED
The Pointe
2. LAND USE ACTION PUD — Change of Zone
3. NAME OF EXISTING PARCEL AS RECORDED Parcel Number 1313330n0025
SUBDIVISION NA FILING NA BLOCK NA LOT NA
4. TOTAL ACREAGE 187 +/_ 5. NUMBER OF LOTS PROPOSED 37 PUT MAP ENCLOSED ❑ YES
•
6. PARCEL HISTORY • Please attach copies of deeds, plats or other evidence or documentation. Deed Attached
A. Was parcel recorded with county prior to June 1, 1972? in YES ❑ NO
B. Has the parcel ever been part of a division of land action since June 1, 1972? ❑ YES a NO
If yes, describe the previous action
7. LOCATION OF PARCEL • Include a map deliniating the project area and tie to a section corner.
Portions of the East 1/2 of
1/4 OF 1/4 SECTION 33 TOWNSHIP 2 MN ❑ 5 RANGE 68 O E L W
PRINCIPAL MERIDIAN: ® 6TH ❑ N.M. ❑ UTE ❑ COSTILLA
8. PUT • Location of all wells on property must be plotted and permit numbers provided.
Surveyors plat Ca Yes ❑ No If not, scaled hand drawn sketch ❑ Yes ❑ No
9. ESTIMATED WATER REQUIREMENTS • Gancns per Day or Acre Feet per Year 10. WATER SUPPLY SOURCE
iA? ?�z�u�>�. A�acero -r- ❑ EXISTING ❑ DEVELOPED
Ai WELLS SPRING ❑ NEW WELLS •
repMED AOUfi3-;CXE:K O
HOUSEHOLD USE 37 of units GPO 4-19l orS AF WELL PERMIT NUMBERS C ALLtmat UFtM9t ARAPAH0E
C UPYEA DAMN C LOWER ARAPAHOE
COMMERCIAL USE Y of S.F. GPO AF 0 LOWER oAwsOM LARAMIE FOX HIS
C°Ding C DAKOTA
0 OTHER
IRRIGATION Y of acres GPD AF
STOCK WATERING # of head GPO AF O MUNICIPAL •
❑ ASSOCIATION WATER COURT DECREE CASE N0:
OTHER •
GPO AF O COMPANY
DISTRICT
TOTAL GPO AF NAME Left Hand
LETTER OF COMMITMENT FOR •
SERVICE I7 YES ❑ NO
11. ENGINEER'S WATER SUPPLY REPORT ❑ YES fa NO IF YES, PLEASE FORWARD WITH THIS FORM. (This may be required Wore our review is completes
12. TYPE OF SEWAGE DISPOSAL SYSTEM
❑ SEPTIC TANK/LEACH FIELD ❑ CENTRAL SYSTEM • DISTRICT NAME
❑ LAGOON ❑ VAULT - LOCATION SEWAGE HAULED TO
ET ENGINEERED SYSTEM (Attach a copy of engineering design) ❑ OTHER
2003-0054
• r% EXHIBIT g
CornTunity Dcvclopment Grouc, LLC
November 20, 2001
Mr. Bruce Barker
County Attorney
Weld County
915 10th
Greeley, CO 80631
Dear Mr. Barker,
We are requesting your review of the attached Left Hand Water District "Subdivision/
Multiple Tap Purchase Agreement" for the Pointe. It is our understanding that your
acceptance of this agreement in writing is required prior to the Planning Department's
acceptance of our Change of Zone Application.
I am available at (303) 442-2299 x13 to discuss this agreement in further detail.
Sincerely,
CO - DEVELOPMENT COMPANY OF ERIE, INC
Mike Bums
cc: Mr. Kim Ogle
Planner
Weld County
1555 N. 17th Avenue
Greeley, CO 80631
25UC' Ara ;oh;oe Avenue, Suite 220 • Boulder, Colorado 80302
4422-2`99 • _s (303) 1/ .7-1241
SUBDIVISION/MULTIPLE TAP PURCHASE AGREEMENT
(includes Line Participation)
1. PARTIES. The parties to:his Agreement are the LEFT HAND WATER DISTRICT, a title _2 special district,
("District") and Ccmnunity Ceveloonent of Erie, Inc("Applicant").
2. RECITALS AND PURPOSE. The Applicant is the owner of certain property to be developed,
as described herein. The District is a special district organized under Colorado law and which provides
seated water service to its customers for which monthly service charges are made. The Applicant desires
to purchase water taps for the development project. The purpose of this Agreement is to set forth the
terms and conditions concerning the District's supplying such domestic water service to the proposed
project. Accordingly, the parries agree to the following provisions in consideration of the mutual
covenants set forth herein.
3. TERM OF AGREEMENT. Ln the event that the Applicant fails to obtain all applicable and
required land use approvals of the Project within 180 days of execution of the Subdivision Agreement,
the Agreement shall expire and all obligations herein including, without limitation, the District's
commitment to sell such single family equivalencies as indicated in the Agreement shall automatically
terminate.
4. LEGAL DESCRIPTION OF PROJECT. For purposes of this Agreement, the term "project"
shall mean the property described on Exhibit A which is attached and incorporated herein, and which is
known as the The Pointe Subdivision. The Applicant agrees
to finish a reproducible copy of the preliminary plat to the District and said plat is expressly
incorporated in this Agreement. Any change or alteration in the area, size, shape, density, usages,
requirements,tap equivalents needed, or timing of development of the subdivision which may affect the
number of tap equivalents required for the project or the method or manner of the provision of water to
or within the project shall first require the written approval of the District.
5. TAPS NEEDED FOR PROJECT COMPLETION. For purposes of this Agreement,the term
"tap" shall mean that size of a connection to one of the District's treated water distribution lines and
which is utilized and designed for a single family or its equivalency pursuant to the District's rules and
regulations. The total number of single family equivalency("SFE")taps required for the project will be
37 . Of that total number,Applicant hereby requests and agrees to purchase, and District commits to
sell to Applicant, 37 SFE taps pursuant to this Agreement, and any additional SFE taps needed for the
project, if any, will be subject to further written agreements; provided, however, that nothing in this
Agreement shall be construed as an obligation by the District to reserve the remaining balance of the total
number of needed taps for the benefit of the Applicant.
6. TAP PURCHASE. Within 10 days of final plat approval,the Applicant will tender to the District
a check in the amount of $ 100.048.00 representing pre-payment of 40% of the current
plant investment fee component of the total SFE tap fee charged by the District for 37 SFE taps,
with a deferral of the other components of the tap fees, including transfer of the raw water units required
by this Agreement, until anticipated activation of the tap. In addition, to such pre-payment, Applicant
�"" shall pay a line participation fee for each such tap as set forth in paragraph 8 herein.
6.1 Applicant agrees to complete the purchase of the • 37 committed taps by payment of the
remaining components of the then applicable tap fee, excluding the raw water component,
in accordance with the following schedule. provided that any taps purchased in full in any
given year in excess of the minimum specified below shall be credited to the following
year's minimum:
5 taps in year 1
5 taps in year
5 taps in year 3
1 1 taps in year 4
11 taps in year 5
6.2 In the event that the Applicant fails to complete the purchase of the minimum number of
taps in each year specified above, or fails to complete the purchase of all 37 taps within
6 years of payment offees in accordance with !16., the District shall retain the 40% deposit
and the raw water shares/units transferred hereunder as liquidated damages and the
obligation of the District to provide further taps shall be terminated. The undersigned
acknowledges that by extending this Agreement,the District has agreed to commit a definite
portion of the total capacity of its system to the Applicant and therefore must look to the
.-� Applicant for performance of its obligations to purchase the committed taps in order for the
District to meet its financial obligations.
6.3 In the event of an intended increase in the tap fee charges (excluding the raw water
component) District agrees to give notice of the proposed increase to the Applicant at least
30 days in advance of the effective date of such increase.
6.4 Upon completion of the improvements, the Applicant shall give District 90 days advance
notice of its intention to physically connect the development to the District's lines and
facilities to effectuate the raw water transfers. Applicant shall, before any such connection
is made, transfer the raw water and pay the balance of any amounts due and owing for such
tap fees, including without limitation, the raw water component (if water is not transferred
to District) and other components of the tap fee, in accordance with the District's then
applicable fee schedule.
7. RAW WATER TRANSFER.
7.1 As a condition of activation of the purchased taps, Applicant shall transfer 1.325 units of
Colorado-Big Thompson Project water, administered by the Northern Colorado Water
Conservancy District, for each tap purchased. The cash value of any excess units transferred to
meet this requirement shall be applied or credited to the balance of the remaining tap fees due and
owing. The raw water to be transferred shall consist of 49.025 CBT units as may be adjusted
pursuant to District regulations. In the event that raw water is not transferred to the District upon
execution of this Agreement, Applicant must obtain said units and effectuate the transfer of the
FAHOMEXATHYKIMNSTANORD FORM(COMBINED SUB 3 TAP)0119011.000
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raw water prior to activation of the taps. In the event that Applicant can not obtain the required
raw water on the open market, the Applicant may, at the discretion of the District's Board and for
good cause shown, make a cash payment in lieu of the transfer of raw water, in such an amount
as the District may determine to be necessary to obtain raw water including administrative costs,
transfer fees and other related costs. or in accordance with its then existing policies, rules and
regulations.
7.2 Applicant shall give District 90 days advance notice of its intention to physically connect
such taps to the District's lines and facilities to provide the District with sufficient time to
effectuate the raw water transfers, if needed. Applicant shall, before any such connection is made,
transfer the raw water and pay the balance of any amounts due and owing for such tap fees,
including without limitation, the fee in lieu of raw water component (if water is not transferred
to District) and all other components of the tap fee, in accordance with the District's then
applicable fee schedule.
7.3 The failure of Applicant to complete the raw water transfer, or to pay the cash amount in lieu
thereof as set forth in paragraphs 7.1 and 7.2, or to pay the remaining components of the tap fees
for the total number of taps specified in paragraph 5, on or before the fifth anniversary of the
initial payment to the District of the plant investment fee component of the tap fee, shall
constitute a default. Upon such default any sums paid hereunder by Applicant shall be retained
by District as liquidated damages for such default. It is understood and agreed by Applicant that
the purpose of this requirement for completion of the purchase of all taps within a five year period
is based upon the financial requirements of the District to fund its capital construction needs. The
District, by this Agreement, has committed a definite portion of the total capacity of its system
to the Applicant and, therefore, must look to the Applicant for performance of its obligations in
order that the District may meet its capital construction and operating expenses. If there is a
default by Applicant, District may recommit such taps to other applicants without further notice
to Applicant.
8. PAYMENT OF LINE PARTICIPATION FEE. Within 10 days of final plat approval,and
in conjunction with the pre-payment of the taps, Applicant shall tender to the District a check in the
amount of$ 92,500.00 representing 100% of the line participation fee of S 2,500.0(per
tap for the reimbursement to the District and/or third party or parties which paid for the construction costs
of the main line(s) extension(s) which will service the project.
9. DESIGN SPECIFICATIONS. It is agreed, as a condition precedent to service,that all water lines
and appurtenant facilities required to provide water service within the boundaries of Applicant's project
as described on Exhibit A and all necessary transmission lines, connecting lines and appurtenant facilities
necessary to connect with the lines of the District as presently engineered and installed, shall be installed
at Applicant's sole cost and expense and shall be in accordance with design and specifications as fixed
by the District. Applicant agrees that the actual installation and construction shall be subject to the
general, as opposed to specific, supervision of; and inspection by, the District and all related costs of the
District's engineering study, review, approval and inspection (including the District's cost and expenses
of obtaining necessary easements if public rights-of-way are not available or if available. not feasible to
utilize) shall be at the cost of Applicant. Fire Hydrants: Applicant agrees to pay a Fire Hydrant Fund
C"WMCOWS\TEMPSTANORO FORM(=SUNNED SUB&TAP)011901.DOC
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Fee, at the current rate of$ 1 ,200.00 per fire hydrant as shown on the approved Plans. A total of
hydrants will be installed for a total Fund Fee of S . Applicant further agrees to give the
District, through the District's Engineer, adequate notice. prior to commencement of construction, of the
date when such construction shall begin.
10. EASEMENTS. Applicant shall furnish, at Applicant's expense. all easements.rights-of-way, and
consents both within the project ( if public utility easements are not dedicated by the plat) and without
the project, if required. Such easements, rights-of-way and consents shall be provided prior to
commencement of construction. Those easements lying outside of the project and which may be required
for the construction of any portion of the water lines and appurtenant facilities which may be needed to
service the project (excluding public rights of way), and as determined by the District in its sole
discretion, shall be obtained by District but at Applicant's expense. All such costs and expenses of
easement acquisition shall be paid by Applicant to District as a condition precedent to service to the
project.
11. WATER SERVICE.
11.1 The Applicant acknowledges that District is responsible only for making domestic water
available to the project's individual taps at such pressure as may be available at the point of
delivery as a result of the District's normal operation of its water system. The District may
temporarily disconnect the flow of water in the main or at the individual points of delivery in
order to repair, maintain, test, improve, or replace the main or other portions of the District's
water distribution, storage and or supply system.
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11.2 Applicant covenants and agrees that it will not make any warranties or representations
to any home builder, contractor, developer. landscaping contractor. home owner, lessee.tenant,
property owner, or any other person or entity, regarding the District's water system's capabilities,
pressure, or flows.
11.3 Sale of Lines. Upon completion, approval and acceptance of the work by the District
through the issuance of the District's certificate of acceptance, this Agreement shall operate as a
sale, conveyance, transfer and assignment by the Applicant of all Applicant's interest and
ownership in said lines to the District, free and clear of all liens and encumbrances. and shall
warrant that the work has been done in accordance with the laws of the State of Colorado, and
all other governmental subdivisions, agencies and units and in accordance with the design
standards and requirements of the District. Applicant shall guarantee the lines as installed against
faulty workmanship and materials to the District for a period of two years from conveyance and
shall, during said period, pay all cost and expense of repair or replacement of said lines and, at
the request of the District, furnish a bond guaranteeing said repair and replacement. Upon
completion, approval, acceptance, conveyance and transfer of lines and facilities to the District.
the District shall assume all responsibility thereafter, and all cost and expense for operation and
maintenance except as to the above two-year guarantee. Completion of construction, inspection.
approval and acceptance by the District, transfer of lines and facilities to the District, payment of
all construction costs and expenses required to be done and paid by the Applicant are conditions
precedent to the obligation of the District to furnish and provide water service to the project.
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C:INAN0O'NSTEM%STAN0R0 FORM(=MIMEO SUS 8 TAP,011941.0O0
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12. OVERSIZE LINES. In the event Applicant shall be required to pay for installation of
transmission and connecting lines outside the boundaries of Applicant's subdivision, and District requires
that such lines and facilities be oversized to permit the use of those lines by the District to serve
additional lands and property in addition to the property of the Applicant, District agrees to establish the
cost of such over sizing and to reduce this cost to a "cost per tap" based upon the engineered capacity of
the lines and the system which such over sizing can serve. District and Applicant shall enter into a Line
Reimbursement Agreement which shall provide, as a minimum, that the District will impose a surcharge
upon future users of the oversized line, said surcharge to be calculated on a per tap basis utilizing
District's engineering estimate as to the line's total capacity. During a period of seven years from and
after the date of the Line Participation Agreement, but not thereafter, the District will collect and pay to
Applicant the collected line surcharges to reimburse Applicant for its additional costs in paying for the
over sizing of the line.
13. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to
the monthly service charges and all bylaws, rules and regulations of the District which may be in force
from time to time.
14. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary
notwithstanding, the obligation of the District to furnish water service under this Agreement, is limited
by, and subject to all orders, requirements and limitations which may be imposed by federal, state, county
or any governmental or regulatory body or agency having jurisdiction and control over the District and/or
the operation of its domestic water system and treatment facilities.
r 15. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement, or at such time or
times as may be requested by District, Applicant agrees to furnish District the following:
15.1 A topographical survey of the property described in this Agreement; and
15.2 Final Subdivision plat approved by appropriate regulatory boards, commissions, or
agencies, together with requirements and conditions fixed by such entities for development and
evidence of the Applicant's compliance or plan for compliance; and
15.3 In the event the initial area to be served under this Agreement is not the entire project to
be developed by Applicant and the remainder is being planned as a phased development,
Applicant shall furnish sketch plans,preliminary plats and/or plans as developed by the Applicant
with reference to the future total development of the entire property. It is understood and agreed
that a request for information as to future plans and developments of the Applicant (and the
consideration of such plans by the District in connection with its obligation to service Applicant's
above-described land under this Agreement) shall in not be construed as an agreement or
obligation of District to serve such other lands, additional lands, or areas proposed by the
Applicant for such future development beyond that provided in existing written commitments.
All information required to be furnished to District by Applicant shall be provided at Applicant's
expense.
C TK.NOC WBREMP)STANORO FORM(COMBINEO BOB&TAP)011901.0OC
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15.4 Recorded plats and drawings of the development, including a mylar map and AutoCAD
F-� diskette files certified by Applicant's engineer depicting all lines, valves, fittings and
appurtenances as constructed, installed, and transferred pursuant to Paragraph 3 above.
16. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under
this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires,
floods. strikes, labor disputes, accidents, regulations or orders of civil or military authorities, restrictions
or limitations contained in any initiative approved by the voters, shortages of labor materials, or other
causes, similar or dissimilar, which are beyond the control of such parry, including any governmental
orders, directives, requirements or limitations described above.
17. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience
and reference, and are not intended in any way to define, limit, or describe the scope or intent of the
Agreement.
18. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional
documents and to take any additional action necessary to carry out this Agreement.
19. LNTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement represents
the entire agreement between the parties and there are no oral or collateral agreements or understandings.
This Agreement may be amended only by an instrument in writing signed by the parties. The Applicant
shall reimburse the District for any expenses incurred by the District in connection with any amendment
of this Agreement requested by the Applicant. If any provision of this Agreement is held invalid or
unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions
of this Agreement shall continue in full force and effect.
20. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under
or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through
good faith negotiations with each other. If such dispute or claim is not settled through negotiations within
30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt
to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to
settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group
(JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then
under the auspices of a recognized established mediation service within the State of Colorado. Such
mediation shall be conducted within 60 days following either party's written request therefor. If such
dispute or claim is not settled through mediation, then either party may initiate a civil action in the
District Court for Boulder County.
21. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement
without the prior consent of the District, provided said assignment is in writing and further provided that
the assignment is made in conjunction with a transfer of all or substantially all of the property described
herein. No assignment shall, however, be effective upon the District unless and until the District receives
written notice or copy of the assignment.
22. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the
parties, and their respective legal representative, successors, and assigns; provided, however, that nothing
C.'WtNCCNSTEMP STANORO FORM ICOMBW EO sue 8 TAP)CY,'aO1.COC
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in this paragraph shall be construed to permit the assignment of the Agreement except as otherwise
�-. specifically authorized herein.
DATED: October 11 , 2001
LEFT :4'Nll WA ?STRICT
BS-s Z, k `.t 115"-
President
Box 210
Niwot. Colorado 80544
ATTEST' /
Secretary
STATE OF COLORADO )
) ss
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this // day of 0-76 K . 20O1•
by . as President and Y` as
Secretary of the Left Hand Water District.
Witness my hand and gf£c.al seal,
._m;.l 4-20-2002
My commission expires:
1?2-y;
Notary Public
OF
C:'MHOOWSTEMPISTAHCRO FORM(COMBINE]SUB&TAP)011901O SC
7
Applicant
STATE OF COLORADO )
) ss
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this 2 L 7' day of /tic ed.,. . '20O
by C t<. Z c l( -
Witness my hand and official seal.
My commission expires: './J' /c L-
'._ Notary Public
;a
ri •
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V�Jyf rcmcr � „a
C:PMNCC.wSTE.MPSTANORD FORM(COMBINED SUB 6 TAP)01:901.DOC
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L-713a7. nESCFIPT!ON
PARCEL GF LANG FUATE c4 THE EAST HALF OF SE:TION JS TOWNSHIP 2 NLRTH. RANGE
66 WEST OF NE 5714 PM. WELD COUNTY MORE PARTICULARLY CESCRIBEO AS FOLLOWS:
PARCEL F
CCMUENC'NO Ar THE NOR T^A ST CORNER OF SAO SECTION 23 fOu WHENCE THE EAST I/A CORNER
LIES S 000271"E: 2657.38 FEE.:
THENCE ALONG NE EAST LINE CF THE NORTHEAST 7/4 CF SAID SEC.9CN .13 S 00 201 E ]0.00
THENCE ALONG A LINE PARALLEL INN ANC 10 CO FEET SOUTHERLY. MEASURED A7 RIGHT
ANDES. FROM THE NORTH .NE OFF THE NORTHEAST 1/4 or SAID SEC110N 31 5 3306'30'
750.02 FEET 70 THE POINT CF EE6'NNING;
THENCE CONTNLRNC ALONG SAID LINE PARALLEL IoTH AND 30.00 FEET DISTANT 52JTHERLY
nCM THE NORTH LINE OF THE NORTHEAST I/A OF SECTIDv J3. S 8903,0" 'M. 249r.97 FEET TO A
• POINT ON THE 'REST LINE CF THE NORTHEAST 1/4 OF SATO SECTION:3:
THENCE S 007.726'E. 2594.1; r:T ALONG WEST LINE TO THE SOUTHWEST 7/4 CORNER OF THE
NORTHEAST:/A OF SECTION 3::
NENC 5 000252"1 2546.52 FEET ALONG THE WEST LINE OF NE SE 7/4 of SAID
.COON 3J TO A POINT THAT IS :0.00 PEEr 015T.ANT NORTHERLY FROM THE SOUTH 1/4
CORNER OF SAID SECTION 3..
THFNG N 89129" E 487.95 FEET 44ONG A LINE PARALLEL WITH ANO 1000 ATET
DISTANT NORTHERLY FROM THE SOUTH LINE OF THE St 1/4 OF SAID SECTION 3J TO A
PONY ON THE EAST LANE OF A PARCEL RECORDED IN 300K 1505. RECEPTION NUMBER
2457250:
THENCE ALONG EAST LINE CF SAID PARCEL N 0164072) E. 2557.19 FEET TO A RCLNT ON
TIE SOUTH LINE Cr THE NORTHEAST 7/4 CF SAID SECTION 12
THENCE N 33`7'46"E. 7951.25 P'_ET ALONG THE SOUTH LINE OF THE NORTHEAST 7/4
^F SAID SECTION 3: TO A RCNNT THAT IS 8100 FEET DISTANT AESrERLY;Rom THE EAST
1/A CORNER Cr SAID SECTION 31
THENCE N O07.2O1" N. 72255 FEET ALONG A LINE PARALLEL WIN AND 30.00 FEET
DISTANT WESTERLY:FROM TIE EAST LINE OF THE NORTHEAST 1/4 of 3ECTON /1 7 NE SOUTHEAST
CORNER OF NE PARCEL RECCRCED MAY 1S 7995 Ar RECEP TON NUMBER 2572552
THENCE ALONG SAID PARCEL THE FOLLOWING THREE COURSES
I) S 395759':✓. 35175 FPEET.
V N 000201' I. 240.00 FEET
J)N 397735"E. 35175 Arr:
TNENE:N 00,.701' W, 449.50 FEET ALONG A LINE PARALLEL WITH ANC) 30.00 F_-
DISTANT FROM 111E EAST LINE OF THE NORTHEAST 1/4 0'SECTION:1 TO A POINT ON
NE SOUTH LINE CF THE PARCEL RECORDED AT RELTPDON NUMBER 2286334;
NENC;ALONG THE SOUK LINE or SAID PARCEL S 391759" or. 250.00 FET TD .'HE
SOU NWEST CORNER OF PARCEL
THENCE ALONG NE NEST LANE OF SAID PARCEL N O0O2'0l" W, 110.00 FEET TO A POINT
ON 7746 SOUTH LINE OF NAT PARCEL OWNED Sr NICK NARKALES IN THE TEAR 1946'
THENCE ALONG 5OUN LINE CF SAID PARCEL S 89'3759" w, 1000 FEET TO THE
SOUTHEASr OORNER OF DIE PARCE..
THENCE ALONG WEST LINE Cr SAID PARCEL Al 000201" W, 170.00 FEET TO A POINT ON
THE SOUTH LINE CPA PARCEL RECORDED JANUARY 29. 1993 IN BOOK 7164 Ar RECEP TON
NUMBER 2119925:
HENCE ALONG SAIO PARCEL THE POLL CLANG THREE COURSES
7) S 895759" 7/ 110 FEET:
2)N 0002'01' W. 36.27 FEAt
.1)N 695759'E 26110 FEET:
THENCE N 0002'01" W. 331.51 FEET ALONG A LINE PARALLEL THIN AND .7000 PET
OISTAN T WESTERLY FROM NE EAST LINE OF THE NORTHEAST I/4 OF SECTION 13 TO THE SOUTHEAST
CORNER OF A PARCEL RECCRCED APRIL N2. 7943 IN 300K 1153. PACE 131
THENCE ALONG THE 5007H LINE or SAID PARCEL $ 39'3759" R. 150.00 FEET:
NE.'ICE N CO02'OI' W. 130%0 Ern' TO THE NORTHWEST CORNER OF A PARCEL RECCROEJ
APRIL 24 1925 IN BOOK 731 RAG 400:
THENCE ALONG NORTH LINE CF SAT0 PARCEL N 395739"E. 750.00 FEEr;
THENCE II 000201" W. 304.55 --T ALONG A LINE PARALLEL MTH AND 00.00:T
DISTANT WESTERLY PROM NE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 33.
HENCE S 3906'20" W. (20.07 FEET;
THENCE N 0002'0!' W 72107 FEET TO THE POINT OF 3ECNNI/IO CONTAINNG 785.91
ACRES
EXHTBTT T
January 2000
e•-• PETITION FOR INCLUSION OF LANDS IN
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF NORTHERN COLORADO
WATER CONSERVANCY DISTRICT
1. All the owner(s) of lands situated in the County of , State of Colorado,
hereby petition(s)and pray(s)that the lands hereinafter described be included in said Northern
Colorado Water Conservancy District ("District").
2. The description of the lands owned by the Petitioner(s) is as follows:
PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES
TOTAL ACRES INCLUDED
CURRENT ASSESSED VALUATION OF LANDS AND
IMPROVEMENTS TO BE INCLUDED $
AMOUNT OF INCLUSION FEE ENCLOSED $
Iand.a]I\forma\peuuon.Inc
3. A plat of the above described property is attached hereto as Appendix "C."
4. All the owner(s)of the above described property hereby agree(s)to pay to the District an amount
which is equal to the ad valorem taxes which would have been paid to the District by the owners
of the above described lands if said lands had been included within the boundaries of the District
at the time of its creation. This amount will be calculated in accordance with the policy of the
District, a copy of which is attached as Appendix "B."
5. All the owner(s) of the above described property and their heirs, successors, and assigns hereby
agree to be bound by the Water Conservancy Act, C.R.S. § 37-45-101 et. seq., as amended from
time to time, and all rules, regulations, and policies of the District as amended or changed from
time to time.
6. All of the owner(s) of the above described property hereby agree(s) that inclusion of the above
described lands into the District is conditioned on present and future payment of the same mill
levies and special assessments as are levied or will be levied on other similarly situated property
in the District at the time of inclusion of the Petitioner(s) lands. If such payments are not made
on such equal basis, the inclusion of the lands can be terminated for non-compliance with this
condition if payments are not otherwise made.
7. All the owner(s) of the above described property have executed Appendix "A" attached hereto.
THIS PETITION INCLUDING APPENDIX "A" MUST BE SIGNED
BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY
TITLE
(if in relation to
a Partnership or a
SIGNATURES Corporation) ADDRESS
STATE OF COLORADO
) ss
County of
The foregoing instrument was acknowledged before me this day of
A.D. 20_,by
Witness my hand and Seal. My commission expires:
Notary Public
Land-all\form.\auuoo.mc
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 20_, by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 20 , by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO )
) ss
County of )
The foregoing instrument was acknowledged before me this day of
A.D. 20_, by
Witness my hand and Seal. My commission expires:
Notary Public
umd.aINorma peuuonane
APPENDIX "A"
Purpose
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The purpose of this covenant is to subject Petitioner's property,described in the petition for inclusion and court
order for inclusion, to the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the Northern Colorado Water Conservancy District ("District") at the time of
inclusion of Petitioner's lands.
Waiver
Petitioner hereby waives any right which may exist to require an election pursuant to article X, § 20 of the
Colorado Constitution before the District can impose the mill levies and special assessments specified below.
Petitioner also waives any right which may exist to a refund pursuant to article X, § 20 of the Colorado
Constitution.
Mill Levies and Special Assessments
Upon inclusion into the District,and as an express condition thereof,Petitioner covenants to pay the following
mill levies and special assessments:
1. Any Class A mill levy or special assessment levied annually by the District and imposed on other
similarly situated property within the District.
2. If Petitioner's property is now or is in the future located within a municipality which has an
existing or future Class B Allotment of water by the District,and if said municipality defaults on
payment of its obligations under any existing or future Class B allotment contract(s) with the
District, Petitioner agrees to pay any special assessment levied by the Board of Directors of the
District for the purpose of collecting amounts due under the allotment contract(s).
3. Any amount due under any existing or future Class D allotment contract on Petitioner's property.
Covenant to Run with the Land
This covenant will run with and burden the property described in the petition for inclusion and court order for
inclusion and binds all future owners of the property.
ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX "A."
DATE SIGNATURES ADDRESS
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land-all\forma\peuuon.lnc
APPENDIX "B"
NORTHERN LOLORADO WATER CONSERVANCY r,.STRICT
RESOLUTION
D-986-02-97
n
COLORADO-BIG THOMPSON FACILITIES INCLUSION FEE
WHEREAS, the inclusion of lands into the Northern Colorado Water Conservancy District (District) makes those lands
eligible to receive water from the Colorado-Big Thompson (C-BT) Project facilities; and
WHEREAS,those lands and allottees of water originally included within the District commencing in 1938 have contributed
to the cost of construction repayment,operation,maintenance,replacement, and administration of the C-BT Project; and
WHEREAS,a fee is necessary to place newly included lands and their eligibility for water from the C-BT Project facilities
on the same basis as those lands originally included within the District.
SECTION 1
NOW,THEREFORE,LET IT BE RESOLVED THAT:
A fee shall be charged in connection with the inclusion of lands into the District for the purpose of placing such lands on
an equal basis as lands originally included within the District. This fee shall be calculated as follows:
The sum of the historical(1937 to current year)ad valorem tax revenues received by the District from Larimer,Weld,
and Boulder Counties divided by the current assessed valuation of the District lying within those same counties times
the current assessed valuation of the property and improvements to be included.
Example:
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Revenues From 3 Counties To Date x Current Assessed Valuation of Property
Current Assessed Valuations of District and Improvements to Be Included
Within 3 Counties
For Calendar Year 1999
$ 79,397,826 x Current Assessed Valuation of Property and Improvements
$ 5,753,825,040
or 0.0138 x Current Assessed Valuation of Property and Improvements
The ratio determined above will be recomputed annually by the District based on the most recent calendar-year valuation
and will be made available upon request.It will be the responsibility of the petitioner to furnish the current assessed valuation
of the property and improvements involved at the time the petition for inclusion is submitted to the District.
As an alternative, the District C-BT facilities inclusion fee may be calculated as follows:
A fee equal to the total amount which would have been collected by the District under its annual historic
mill levy had the lands been included in the District from 1937 to the date of the petition for inclusion.The
petition to the District for inclusion, if this alternative is selected by petitioner, shall be accompanied, or
supplemented by, a certified list of annual assessed valuations from 1937 to the date of the petition for
inclusion.
Satisfactory arrangements for payment of fees must be made with the District before the inclusion will be approved by the
Board of Directors.
SECTION 2
The previous Board Resolution D-965-05-95 is hereby repealed.
•
Th �.
This questionnaire should be sent directly to:
Mr. Victor Grizzle (EC-1340)
U. S. Bureau of Reclamation
Eastern Colorado Area Office
11056 Vest County Road #18E
Loveland, CO 80537
Also, please direct any questions you may have to Vic at
970-962-4366.
t)
QUESTIONNAIRE FOR INCLUSION PROPERTIES
NATIONAL ENVIRONMENTAL POLICY ACT COMPLIANCE
1. Describe where the inclusion action vill be located.
2. Describe why the action is needed and the applicants name.
3. Provide a description of the existing and proposed use of the lands to be
included in the District.
4. Provide the acreage on the inclusion and a location map.
5. Describe the alternatives to the proposed inclusion (other sources of eater
service).
6. Address whether there is any proposed land disturbance associated with the
inclusion action.
•
7. Describe any eater supply system impacts (are C-BT units transferred)?
8. Are any lands being removed from irrigation as a result of the action?
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9. Describe the proposed water use (agricultural, municipal or industrial).
Will the water supplement existing supplies or be a new water supply?
10. List any special problems or concerns or permit requirements of which the
Bureau of Reclamation should be aware.
11. List persons contacted and coordinated with regarding the action such as
landowners, and Federal, State or local managing entities.
12. Describe any anticipated water quality or quantity impacts within the area
to be served or supply source.
13. Provide any known alternatives or plans for delivery of water i.e.
exchange, pipeline, pumping, canal, etc. Is any Federal right-of-way
r^ involved?
14. Cultural resources - Provide any known resource information within the area
of the inclusion. This will involve a case by case evaluation by
Reclamation's archaeologist.
15. Explain any controversy likely to arise as a result of any new water
delivery system or potential changes to the area being served.
16. Are there any concerns from U. S. Fish and Wildlife Service or State game
and fish personnel?
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17. Are there any secondary concerns such as new eater supplies affecting
existing sevage disposal systems?
18. What sources of water are nov being used in the inclusion area? Will
existing supplies be replaced or augmented?
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