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Home My WebLink About20002803.tiff BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE:, CO 80646 ROBERT ARNBRECHT W.M. McKAY 1117 DON POSSELT, DISTRICT MANAGER CHARLES ACHZIGER RALPH PRIOR P.O. BOX 56 • PHONE (970)356-3020 • FAX (970) 395-0997 e-mail: nwcwd@bwn.net August 2, 2000 Todd Hodges Design, LLC 2412 Denby Ct. Fort Collins, CO 80526 (970) 207-0272 This letter is in response to your inquiry regarding water service to the following described property, Ponderosa Estates, In a portion of the S '/A of Section 11, T6N, R66W of the 6" Prime Meridian 1. Water service is presently being provided to the above described property. 2. North Weld County Water District is able and intends to provide four(4)water service(s) to the above-mentioned property, provided all requirements of the District are satisfied. Additionally,the District at this time can provide 500 gpm fire flows with a residual pressure greater than 20 psi, from the 6-inch line in WCR 70, adjacent to the property. Alan Overton North Weld County Water District 2300-2803 U:ASubdivi'ions Ponderosa Estates\FireFlow(8-2-00).doc Limiliter WATER SERVICE AGREEMENT THIS AGREEMENT is made and entered into as of the U. day of Tun,a 2.000 by and between the North Weld County Water District, acting by and through the North Weld County Water District Enterprise (hereinafter"District"), and Nolan Ulmer, the developer and Cecil Farms, the owner of Ponderosa Estates PUD, (hereinafter "Developer"). RECITALS WHEREAS, the 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 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 Ponderosa Estates PUD,and WHEREAS,the Developer intends to develop more than three residential lots which will require dedication of raw water pursuant to 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 agrees to furnish a customary supply of water for a total of four a) residential water taps. The District shall furnish 70% of an Acre-Foot(228,000 gallons) of water per tap per annual water year. 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 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 opinion of the District necessary. 1.4 The District shall install and own a meter vault at each individual lot ARTICLE 2 COSTS AND EXPENSES 2.1 The Developer shall pay the full portion of the construction of 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 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"). One year 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 Districts 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 The District will be constructing 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 final amount ot said Fee shall be $1,500.0°, as determined by the District. Full payment of said Fee Dy the Developer shall 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. 2.3 The Developer shall also be required to pay the Plant Investment Fee portion of the "Tap Fee" which shall be determined by the proposed number of lots within the Development times the Plant Investment Fee then in effect. Said paymen: shall be a lump sum paid to the District prior to commencement of construction of water lines that will serve the Development. No portion of the Plant Investment Fee shall be returned or refunded once established by the District and paid by the Developer, even if the number of lots in the Development is later decreased or unsold. 2.4 Developer shall provide, dedicate and convey to District, four (4) units of Colorado Big Thompson Project water or one (1) share(s) of the capital stock of The North Poudre Irrigation company, being the "Raw Water Requirement" for this 2 Development as determined by the District being the amount of untreated water necessary to service the Development. The transfer and conveyance of the Raw Water Requirement must be finalized before water is supplied to the Development but not later than one year from the date of this Agreement. The transfer and conveyance must result in the District having full ownership or rights to the raw water and subject to no liens or encumbrances of any type. In the event the raw water transfer or conveyance has not been accomplished within the above stated time, this Agreement shall be null and void and the District shall have no obligations or requirements of any type hereunder. The transfer and conveyance of the Raw Water Requirement is a condition precedent to the District being required to proceed under this Agreement. Any sums paid or improvements by the Developer shall be considered as forfeited to the District. 2.5 The Developer shall provide the District with security to secure the installation and warranty of water lines for the Development during the one-year conditional acceptance period. Said security (the Warranty 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. 2.6 During the one-year warranty 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 standards and shall be reviewed and approved by the District prior to any repairs or maintenance being effected except in emergency situations. 2.7 Prior to water service being provided at or for any lot, the lot owner shall be required to complete the District's tap application form and pay any remaining costs, expenses and fees, if required, in accordance with the policies and procedures of the District at the time of any tap application. ARTICLE 3 EASEMENT AND RIGHT-OF-WAY 3.1 t; Developer agrees to sign and execute the (Exhibit "B") wiptionc to-be determined , at its sole discretion. This Agreement is conditional upon execution and recording of the Easement and Right-of- te the satisfaction of the District and recorded, District shall net be required to provide any services of any type. 3 3.2 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 tho 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 4 TERM 4.1 This Agreement shall be subject to the approval by Weld County of the final plat of the Development or the withdrawal of the Development presently being processed for consideration of approval by Weld County. If this Agreement is terminated due to these reasons, the terms and conditions of this Agreement shall be considered null and void. 4.2 This Agreement cannot be assigned by the Developer without the express written approval of the District. 4.3 This Agreement shall inure to and be binding upon the parties hereto and their heirs, executors, personal representatives, successors and assigns. 4 IN WITNESS WHEREOF, the parties have executed this Agri, m t►re da an yea irst,above written. .34 vn r l " Developer" Attest: NORTH WELD COU TY WATER DISTRICT 1^ ` g Secretary Py isident "District" District" STATE OF COLORADO) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this ;I.?. day of \�.�—.>- , 20a3_ by ci 1 n. e K as Developer. WITNESS by hand and official seal. ,fnfuullmlryry� k"`� MCO .,, My commission expires: �-..•• F % moo . a� ao,°a _ NOTARY:. ea( _ Notary Public 17. STATE OF COLORADO) % •'• �181-1G SS.''0 9T: •.........••. 1 COUNTY OF WELD ) '''.,�r0F C0 1-O o.`°� The foregoing instrument was acknowledged before me this .2u, day of QC c-ra. _, 20C iJ by_ o�~r t Ccv.,h (Act as Secretary of North Weld County Water District. WITNESS by hand and official seal. My commission expires: 9/ dto%lOC-a. y. 4-rte I- _ n-,0 3 Notary Public 5 BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 86 • LUCERNE,CO 60646 ROBERT ARNBRECHT W.M. McKAY DON POSSELT,DISTRICT MANAGER • CHARLES ACHZIGER "" RALPH PRIOR P.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 6-mall: nwcwd®bwn.net August 15,20(10 Northern Colorado Water Conservancy District P.O.Box 679 Loveland,CO 80639-0879 NORTHERN COLORADO WATER CONSERVANCY DISTRICT LIMITATION ON CBT CONTRACTS For North Weld County Water Distill Class Size Estimated Avg.Use Current# Committed Total raps Total Use (x1,000 gal) of Meters Additional Taps 1x1,000 gal) 1 114 1791 113 1904 217 066 yy 3 458 173 �� 0 173 78,888 ,,11. "1 d'-a V W !t 10t :5 it .- -yiL- lki%r'Itit I- . c "fit. 1411140%F*1 5 912 29 0 29 26448 It'*. ?IL,.' n ' a:.. .... ...-'?4101 li n `,t "' ... ':',4,al'4. 7 1368 45 0 45 61 680 0 9 1824 7 7 12,768 I� -j : ill V. V ,; . Sub yi.�t4S c 1 t 25-100 9258 28 0 28 259.222.4 •tZJ:.. LC, ' "r` - :T t r l .er.sae ... .: •! ,:..' i i 1 && w , ti t U V:t n : _' '',` ' .: rt ?, , North Weld County Water District Ownership ICBI #of Units 1n9 Other Waters _ rib Poudre Irrigation Company #of Shares ,we . t1Av@,.A-F/Share la wt.& :I I Firm A-F r Share fl,,: 11, Itt Formula 1. Demand a Total Use X 2(Converted to Acre-Feat) 6998 Less:Other Water(Average Yield) _ 2042 MAX.NUMBER OF CBT UNITS' 4958 Formula 2. _ Demand-Total Use(Converted to Ave-Feet) 38 Less:Other Water(Firm Yield) 1469 Max.Volume of Firm Yield: 2040 MAX.NUMBER OF CBT UNITS=(Firm Yield/0.6) 081 i Max.#of CDT Units _ 4081J Committed Additional Tape 113 WATER SUPPLY INFORMATION SUMMARY Section 30411133,4 C.R.S.rapier that the applicant submit to the County:Adaryeta evidaoce danger weer apply diet Is:Admit I tame of'toothy,quality and dpmda6Nty will he ambit to maws o Squats supply of wets. 1.NiK OF DEVELO MENT AS PROPOSED oMc� E R Faint Pad _ 2.IANO USE ACTION C h R Ng E O-c 20 N F _ 3.NAME OF EXISTING PARCEL AS RECORDED Lot a A N E (v u Ed PIE -00 I "1 SUBDIVISION /V/4 RUNG BLOCK LOT 4.TOTAL ACREAGE 3,Q Lisle 5. NUMBER OF LOTS PROPOSED 5 PUT MAP ENCLOSED (d 5. PARCEL HISTORY•Peasu attach copies of deeds, plea or other evidence er documentation. A.Was petal recorded with county prior to Jima 1, 1972? 0 YES fri 0 B. Has the parcel sus boon part of a clivisitehof land action}* una 1972 0 YES NO It yes,descrMa the prates action E c o RcIt n_ X - 199 g 7. LOCATION OF PARCEL-Include a map denting the project area and tie to a section comer. (. S OF __. 114 SECTION I _ TOWNSHIP LCJ QII ❑ S RANGE [Ole OE CFI PRINCIPAL MERIDIAN: CiI TH 0 N.M. 0 UTE ❑ COSTILU B. PUT •Location of al walls on property most tad and permit numbers provided. _ Surveyors picot ❑ Yan 0 Ne If not.staled head drawn sketch Dies ❑ No 9. ESTIMATED WATER REQUIREMENTS•Gees pet Day w Acre Fitt pet Year 10.WATER SUPPLY SOURCE O EXISTING 4 DEVELOPED I 0 NEW WELLS --- -- -—_ WELLS SPRING moms mwERS .OM DC HOUSEHOLD USE$ ..)/(]of units GPI) _I.175 AF ie AF WELL PERMIT NUMBERS C rw tauux LITER aaa C UMAN0t r COMMERCIAL USE: l V /` ❑ to m el S.F. GPO AF o era DAMS COMMIE ran MIS SO O peeefA IRRIGATION of acres ___GPD .3p.9 AF — i STOCK WATERING I__of head GPO _ ,as AF 0 MUNICIPAL ❑ ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER VR TREFS GPD 1.50 AF 0 COMPANY ❑ DISTRICT TOTAL _GPO 'T ftO AF NAME ----- LETTER OF COMMITMENT FOR -- SERVICE 0 YES 0 NO 11. ENGINEER'S WATER SUPPLY REPORT ' hYYES 0 NO IF YES. PLEASE FORWARD WITH THIS FORM. IThs sow b•mowed Soto.,ow rnw*a compared 12. TYPE OF SEWAGE DISPOSAL SYSTEM ID/SEPTIC TANKREACH FIELD E CENTRAL StbltM . DISTRICT NAME O LAGOON 0 VAULT - LOCATION SEWAGE HAULED TO O ENGINEERED SYSTEM anw a eery et meiOerwa sript 0 OTHER Hello