HomeMy WebLinkAbout20002523.tiff MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday,
September 28, 2000, at 10:00 a.m., in the Conference Room of the Weld County Administrative Offices at
1555 N. 17th Avenue, Greeley, Colorado.
Members Present
Gary Sandau La Salle F.P.D.
Cody Wooldridge Central Weld County Water District
Doug Dalton Public Service Co. of Colo.
Mark Peterson St. Vrain Sanitation District
Also Present: Al Trujillo, United Power; Julie Chester, Monica Daniels-Mika, Department of Planning
Services;Don Lafaver,Reflection Bay PUD;Todd Cartwright,Manhard Consulting;Stan Everitt,Jim Birdsall,
Everitt Companies; George Schock, Northern Engineering; Ryan Carlson, Carlson Associates; Joanna
Rasland, K& B; Trisha Swanson, Secretary.
CASE NUMBER: S-549
PLANNER: Julie Chester
APPLICANT: Everitt Companies, Soaring Eagle PUD
REQUEST: Planned Unit Development Final Plan
LEGAL DESCRIPTION: Part of Sections 28 and 33, T7N, R67W of the 6th P.M., Weld County,
Colorado.
LOCATION: East of and adjacent to State Hwy 257; between WCR's 74 and 78.
Julie Chester, Planner, presented Case S-549. Julie noted that the only concern of the Department of
Planning Services is the addition of utility provider signature blocks on the plat.
Cody Wooldridge moved to accept the plat as presented with the addition of signature blocks for the utility
providers on the plat. Gary Sandau seconded the motion. Motion carried unanimously.
CASE NUMBER: S-557
PLANNER: Julie Chester
APPLICANT: Donald Lafaver/ Reflection Bay
REQUEST: Planned Unit Development Final Plan
LEGAL DESCRIPTION: Part of the SW4 SW4 of Section 29, T2N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: West of and adjacent to WCR 3-1/4; north of State Hwy 52
Julie Chester,Planner,presented Case S-557. Julie noted that the Department of Planning Services would
like to see utility easements along the east and south sides of Lot 1 and the east and north sides of Lot 5.ts 1 and 5. Don Codycant,Wooldridge asked
that these hlots are along the lake and utility easements did not seem Lafaver,
seem necessary.
Applicant,
on of lot ines n e plat or pGary Sandau noted that he would like to see lan. Julie Chester noted that the signature blocks would lbe rrequirled ono the h notes on the utility
plat as well.
Cody Wooldridge stated that he would like to see a 20'utility easement along the north side of the common
area and continuing to the southwest corner.
Mark Peterson moved to accept the plat with the addition of a 20' utility easement along the north, south,
and west side of the common area,with 15' utility easements along lots 1 and 5 on the east side, signature
block, dimensions, and a letter from Mountain View Fire stating the exact location of the fire hydrant. Cody
Wooldridge seconded the motion. Motion carried unanimously.
2000-2523
SUMMARY OF THE UTILITIES ADVISORY COMMITTEE
September 28, 2000
Page 2
CASE NUMBER: S-554
PLANNER: Monica Daniels-Mika
APPLICANT: Ryan Carlson / Idaho Creek Subdivision
REQUEST: Planned Unit Development Final Plat located in the Mixed Use Development Area
LEGAL DESCRIPTION: NW4 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1/8 mile east of WCR 7 and 1/8 mile south of State Hwy 119.
Monica Daniels-Mika, Planner, presented Case S-554. Monica noted that the Department of Planning
Services has several concerns about the utility plan submitted. Ms. Daniels-Mika noted the concerns as
follows: there are no utility easements in 50 acres of the parcel, no rest areas are noted,,not all the
information is included on the utility map, and the need for utility easements between lots.
Todd Carthardt, Applicant, noted that they have rear lot utility easement access.
Al Trujillo noted that street lights often require easements between lots to run the lines. Doug Dalton noted
that the county requires 10' utility easements on each side of the lot line.
Mr. Carthardt noted that the preliminary plan showed the 5'utility easement on each lot,with 18'along the
front and a 10'along the back.
Ms.Daniels-Mika noted that the Utility Board decides if the utility easements are adequate. Monica Daniels-
Mika also noted that the Department of Planning Services also had concerns with the building envelopes
on these lots. Ms. Daniels-Mika also pointed out the Oil and Gas setbacks require 350'from the oil well.
Mark Peterson noted his concerns with the main trunk line built to the south edge of the property line being
able to work with the basin area plans.
Al Trujillo noted the perimeters along the north and south borders and adjacent to the common open space
need utility easements and that the road requirements may need to be notified. Todd Carthardt noted that
they have large tracts on the perimeter, including the ditch right-of-way. Mr. Trujillo noted that these need
to go to the edge of the property.
Cody Wooldridge noted that the 15' utility easements need to be consistent and that less than 10' may be
possible, but also difficult to work in.
Monica Daniels-Mika noted that all the utilities would have to sign off to deviate from the 10'utility easement
on each side of the lot line.
Mark Peterson moved to continue the application to October 26,2000. Gary Sandau seconded the motion.
Motion carried unanimously.
Respectfully submitted,
Trisha Swanson
Secretary
WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the /0 day of
tit tv-Y 1. 0 a O , by and between the North Weld County Water
District, acting by and through the North Weld County Water District Enterprise
(hereinafter "District") and Everitt Enterprises, Inc. (hereinafter "Developer"), of Soaring
Eagle Ranch (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 Soaring Eagle Ranch; and
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 114
residential water taps.
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
F:KFL\NWCWD\WATERS ER.EVR 1
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.
ARTICLE 2
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"). 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 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 The District will 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 on a per lot
basis. The final amount of said Fee shall be solely determined by the District prior to the
consideration of a PUD Final Plan by Weld County. Full payment of said Fee by the
Developer shall be made prior to the issuance of any residential building permit.
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 number of lots within the Development
times the Plant Investment Fee then in effect. Said payment shall be a lump sum paid
to the District prior to commencement of construction of water lines that will serve the
Development. The Development will be constructed in phases and the above referenced
payment will be paid per phase by multiplying the number of lots per phase times the Plant
Investment Fee then in effect. It is anticipated that there will be three (3) phases: Phase
1 totals 33 lots; Phase 2 totals 37 lots; and Phase 3 totals 44 lots. Construction of these
phases is not required to be sequential, but the phasing will be coordinated with the Weld
County planning process so that individual lots in any phase will not be available for sale
or for construction of improvements prior to full payment of the Plant Investment Fee for
that phase.
2.4 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 shall cover 125% of all costs for construction
F:\KFL\NWCWO\WATERSER.EVR 2
of said water lines,with 100% of said security to be released upon conditional acceptance
by the District. The remaining 25% (the Warranty Security) 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.
2.5 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
requirements and shall be reviewed and approved by the District prior to any repairs or
maintenance being effected except in emergency situations.
2.6 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 all costs, expenses and
fees as well as dedicate water, 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 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.
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 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 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.
3
F:\KFL\N WC W R D\WATERSE EVR
4.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
4.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
DEVELOPER:
EVERITT ENTERPRISES, INC.
By: __.,4"-k` C24/4l
Stanley K. Everitt, Executive Vice President
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By/2,�4'26 By: 47 I ` Q4cv`-)
Sec(etary President `^
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this iR day of
Zru ter. , -2000 , by Stanley K. Everitt as Executive Vice-President of
E�4eritt Enterprises, Inc., Developer.
Witness my hand and official seal.
My commission expires: ,s/02 UC ?
�CGh/ L . >-. n ;Jc-n
Notary Public
4
F.\KFLINWC WD\WATERSER.EVR
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 9a day of
q�c i , wttclt J DOU , by SCt it ✓J��, as
President and 12e{ttuL- Or n }a tut_ h-+- as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires:
•
Notary Public
5
F:\KFLW WCWD\WATERSER.EVR
(DISTRICT LETTERHEAD)
Date
Name
Address
City/State
Re: Conditional Acceptance ("Name of Development')
•
Dear
North Weld County Water District hereby acknowledges that, as a result of visual
inspection, receipt of engineering documentation,construction, and installation of the water
lines at ("Name of Development"), all requirements have now been met for conditional
acceptance of water system improvements as constructed for the ("Name of
Development") project located at
As of the date of this letter, a one year warranty period shall commence on the subject
water line improvements. The improvements are now also approved for service upon
completion of a tap application and payment of all fees, costs and expenses and/or
dedication of water, if required.
During the one year warranty period, any repair or maintenance of the
improvements shall be the responsibility of the developer. Please note that this approval
is for water line improvements only, which includes all delivery lines and lines up to the
meters. Individual water service from meters to each individual residence are not the
responsibility of the District. Furthermore, please note that such conditional acceptance
does not extend to any associated soils compaction. Final approval, dedication and
acceptance of these improvements is then projected for (one year from date of letter).
Very truly yours,
EXHIBIT "A"
F\KFL\N WCWD\DEVELOPE.LTR
EASEMENT AND RIGHT-OF-WAY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
, 20 , by and between EVERITT ENTERPRISES, INC. whose
address is
hereinafter referred to as"the Grantor" and NORTH WELD COUNTY WATER DISTRICT,
a Political Subdivision of the State of Colorado, the address of which is 33247 Highway 85,
Lucerne, CO 80646, hereinafter referred to as "the District".
WITNESSETH
For and in consideration of the mutual promises and covenants herein contained
and the sum of Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and adequacy of which is hereby confessed and acknowledged, the Grantor has
granted and conveyed and by these presents does grant and convey unto the District, its
successors and assigns, a permanent easement for the installation, construction,
maintenance, inspection, operation, replacement or removal of one or more water lines
and all underground and surface appurtenances thereto, including metering stations and
other fixtures, in, over, across and upon:
(Specifics to be determined)
EXHIBIT "B"
F:\KFL\NWCWD\EASEMENT.ROW 1
EASEMENT AGREEMENT
This Easement Agreement is between Everitt Enterprises, Inc., (hereinafter referred to as
"Everitt") and the Larimer and Weld Irrigation Company, Inc. (hereinafter referred to as
"Larimer/Weld".)
RECITALS
WHEREAS, Everitt is the owner of certain real property described on Exhibit A; and,
WHEREAS, Larimer/Weld is the owner and operator of an irrigation ditch, a part of
which is on the above described property owned by Everitt.
NOW THEREFORE, it is agreed:
1) Everitt hereby grants to Larimer/Weld an easement for ingress, egress, and
any and all access necessary for the operation and maintenance of the
Larimer and Weld irrigation ditch.
2) This Easement shall be a covenant running with the land and shall be
binding to all heirs and assigns.
3) Said easement shall be from the centerline of the ditch a minimum
distance of 75' wide or wide enough to accommodate the operation and
maintenance of the ditch.
4) Everitt shall not construct improvements on said easement without prior
written consent from Larimer/Weld. Larimer/Weld shall not construct
improvements on said casement without prior written consent from
Everitt.
Acknowledged this a'\S+ day of , 2000.
EVERITT ENTERPRISES, INC. ) LARIMER AND WELD
IRRIGATION COMPANY, INC.
BY: _ Grr
BY: ��
PUBLIC SERVICE
COMPANY OF COLORADO'"
A NEW CENTURY ENERGIES COMPANY
Northern Division
1901 E. Horsetooth Road
Ft. Collins, Colorado 80525
November 1, 1999
EVERITT COMPANIES
ATTN: STAN EVERITT
PO BOX 2125
FORT COLLINS, CO 80522
•
Re: Request for new Natural Gas service to Soaring Eagle Ranch, Windsor, CO.
Thank you for your request for information regarding natural gas service for the above-mentioned
project. Public Service Company will provide natural gas service to this project according to the terms
of our extension policies as they are on file with the Colorado PUC. We are excited to partner with
you on this project to insure its successful completion.
Public Service Company's corporate goals are to provide consistency in customer service in regard to
Reliability, Safety, Value, and Price (RSVP). We are confident that you will find our services and
experience of value to your project. The Company's rates are competitive with other utilities, and our
construction is of the highest quality, insuring safe and reliable service for years to come.
I will be your primary contact at PSC for this project. My normal business hours are from 7:30 am to
4:00 pm, Monday through Friday. If I am unavailable, or if your need is immediate, you may contact
my Engineering Manager, Gary Huett, at 970-225-7840.
In order that I may best serve you, please provide me with one complete set of plans that includes a
recorded subdivsion plat. Since our engineering/construction backlog is currently around 5 months, it
is important that you provide me with this information as soon as possible.
Please contact me at any time if you need any additional information or if you have any problems you
need to resolve. Again, all of us at Public Service Company of Colorado, a New Centuries Energy
Company, look forward to working with you and satisfying your energy needs.
Sincerely,
7 .5/Sc z—
Phone
970-225-7833 FAX Jim Slagle 303-556-0091 Pager
Design Engineer jslagle@psco.com
Llizi/VEST
life's better here
Jesse Trujillo
Engineering Department
US West Communications
12680 Weld County Rd 58
Greeley, CO 80634
November 22, 1999
Stanley Everitt
Everitt Companies
3030 South College
Fort Collins, CO 80525
RE: Soaring Eagle Ranch
Dear Mr. Everitt,
US West will provide service to your planned development of 114 proposed lots in
Soaring Eagle Ranch, located North of Weld County Road 74 and Highway 257.
Provisioning of the service will be in accordance with tariffs on file with the Colorado
Public Utilities Commission.
Please feel free to contact me, if there are any questions, on 970-350-2944.
Sincerely,
else Trujillo Jv
Capacity Provisioning Field Engineer.
hhb
R
Poudre
POUDRE VALLEY RURAL Valley E s
-- ELECTRIC ASSOCIATION, INC.
7649 REA PARKWAY• P.O. BOX 272550 FORT COLLINS • (970) 226-1234
FORT COLLINS, COLORADO 80527-2550 FAX NO. • (970) 226-2123
1-800-432-1012
November 3 , 1999
Everitt Companies
Stan Everitt
P.O. Box 2125
FT. COLLINS, CO 80522-2125
RE: PROPERTY LOCATED TN SECTIONS 28 & 3? TOWNS.HTP 7 NORTH, RANGE 6-r
WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO
Dear Mr. Everitt :
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,
Terry Willis
Engineering Representative
pl
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