HomeMy WebLinkAbout20050946.tiff MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday,
February 10, 2005 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918
10th Street, Greeley, Colorado.
Members Present: Cody Wooldridge, Jed Reed and Don Carroll
Also Present: Kim Ogle, Department of Planning Services, Voneen Macklin
Case: PF-1020
Planner: Kim Ogle
Applicant: Clifford Clift, Appaloosa Acres
Request: PUD Final Plat for a 22 Estate Lot residential development outside of and IGA and UGB
Location: North of and adjacent to CR 74; east of CR 41
Legal: Lot 15C; Fourth Replat of Gilbaughs Appaloosa Acres; being in the W2 SW4 of Section
33, T7N, R65W of the 6th P.M., Weld County, Colorado
Kim Ogle, Department of Planning Services, presented case PF-1020. Water is from an easement while
the remaining utilities come from CR 74. There are four fire hydrants located in the property on the east
side of the internal road.
Cody Wooldridge asked about the easements adjacent to CR 74 along the top continuing and being
reflected on the plat. The easement is 20 foot. There needs to be a continual easement around the entire
parameter of the area. Mr. Wooldridge asked that the 12 foot bridle path and utility easement be reflected
through the entire plat. Don Carroll added the intent is to have the ability for utility access if the
surrounding area were to develop.
Don Carroll asked if there was utility sign off. Mr. Ogle indicated there is and there is a sign off from
Atmos Energy, Excel Energy and North Weld County Water District. Mr. Carroll asked if that was all the
utilites. Mr. Cliff indicated there was a gas line that is existing and it will be continued.
Cody Wooldridge moved to approve the plat with the suggested corrections. Jed Reed. Motion carried.
Respectfully submitted,
Voneen Macklin
Secretary
x7005- a`!'-t6,
WATER SERVICE AGREEMENT
(Appaloosa Acres Estates PUD)
•
THIS AGREEMENT is made and entered into as of the IS"' day of
September, 2004, by and between the North Weld County Water District, acting by and
through the North Weld County Water District Enterprise (hereinafter "District") and
Clifford Clift, (hereinafter "Developer"), of Appaloosa Acres Estates PUD, (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 Appaloosa Acres Estates
PUD; 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 twenty-
two (22) individual residential water taps ("Taps") and one (1) Irrigation\Open-Space
water tap. 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, if necessary.
1.4 The District shall install and own a meter vault at each individual lot.
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2005-0946
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. The District requires that the(1)dedication of raw water or cash in lieu as
provided in Paragraph 2.7; (2)Plant Investment Fee as provided in Paragraph 2.5; (3)
Mileage Charge pursuant to Paragraph 2.6 requirements be fulfilled in conjunction.
After the raw water dedication or cash in lieu,the Plant Investment Fee and the Mileage
Charge have been dedicated and/or paid,the Developer or Lot Owner will have up to
one year to have the meter set. Once the meter has been set or after one year of the
payment and/or dedication of Raw Water, Plant Investment Fee and Mileage Charge,
the District shall begin billing the Developer or Lot Owner a minimum monthly charge,
as established by the District and in effect at the time.
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$14,000.0°. A portion of this payment
determined to be$700.00 of said Fee shall be paid by the Developer and payment shall
be made upon execution of this agreement.The remainder($13,300.00)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 Developer will be responsible for making payments of the Plant
Investment Fee in groups of at least five(5). Said payment shall be made prior to the
P.'Subdins,ons‘AppaIoosa Acres Appaloosa Acres Estates\WalnSmlttAgree moa4-aw ( � a4)-aop
issuance of any residential building permit or the installation of the water service(s),
whichever occurs earliest. All Plant Investment Fees paid, shall be in accordance with
the Plant Investment Fee as 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 The Developer will be responsible for making payments of the Mileage
Charge in groups of at least five(5). Said payment shall be made prior to the issuance
of any residential building permit or the installation of the water service(s),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 the dedication of at least one (1) Unit
of Colorado Big Thompson (CBT) project water per Lot, or at least one (1)share of
North Poudre Irrigation Company(NPIC)stock for every four(4)Lots. In addition to the
dedication of the water rights, the Developer shall be responsible for a raw water
storage fee. The Raw water Storage Fee shall be applied once for each Unit of CBT or
four times per share of NPIC that is dedicated to the District. The Raw Water Storage
Fee payment shall be made in conjunction with the dedication of the water rights. The
District requires that a minimum of five(5)lots receive water dedication. The initial raw
water dedication shall be five (5)units of CBT or one and a quarter(1-1/4)shares of
NPIC. Such water rights shall be dedicated to the District and payment of five (5) Raw
Water Storage Fees shall be paid.
-OR-
The raw water requirement shall be met by payment of cash in lieu of the dedication of
raw water. The Developer will be responsible for making payments of the cash in lieu
fee in groups of five (5). 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 two-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 two-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
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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
for
tap,the Developer or parcel owner shall be required to complete the District's tap
application form, pay the Meter 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 incurred by the
District in relation to the Development.
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 requirements 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 Appaloosa Acres Estates PUD 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.
3.4 Upon final approval of the plans and designs by District, County and FPD,
Developer shall be responsible for installation of the same including all costs incurred by
District to review 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 but District will be compensated for such maintenance and repairs, in
perpetuity, by Developer or Homeowners Association in the Appaloosa Acres Estates
PUD 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 Development.
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.
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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
ARTICLE 4
PETITION OF INCLUSION
4.1 The Developer agrees to sign and execute the attached Petition of
Inclusion, Exhibit"B". 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.
ARTICLE 5
EASEMENTS AND RIGHTS-OF-WAY
5.1 Any plats submitted for approval to any governmental authority shall
provide and indicate the location of the easements and rights-of-way as approved by
North Weld County Water District. Said plans and plats must be approved by the
District prior to any final approval by any governmental authority.
ARTICLE 6
MISCELLANEOUS
6.1 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 January, 2006,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 98%of costs and expenses paid pursuant to
Article 2.5, 2.6, and 2.7 if such refund is applied for within one year of the payment
made etenon by the District shall be cnsidered as
to the administrative District.
es. Any rcosts or expenses the Developerooccurred pursuant to
Articles 2.1 and 2.4 shall not be entitled to a refund of any amount.
6.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
6.3 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: y�
Pt ied,)
By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By:
Secr ary Presi nt
STATE OF COLORADO
)ss.
COUNTY OF <J40ib
The foregoing instrument was acknowledged before me this (0" day of
, aao,t , by e.I,F.C.,t a c
Developer.
Mc‘o\F�mess my hand and official seal.
r sr ' $OTAR •y`'1ta
mmission expires: es-a -�
:PUBLIC,f
tt9 °` S8. Notary Public
M ~�
STATE OF COLORADO )
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this !3"1 day of
, , by k .ch 0-csvm,5cr
President and _rot—N � Sa as
as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires: o&I yi 1. c
ate:.tEN'McG, - (JlcAtl-ac,
r10TARy•^' Notary Public
PUBLIC
. , P8
OF CO'�
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