HomeMy WebLinkAbout20040900.tiff TEAM Engineering
3468 Shallow Pond Drive
Fort Collins, CO 80528
(970) 231-9937
September 15, 2003
Mr. Kenneth W. Knox
Chief Deputy State Engineer
Office of the State Engineer
1313 Sherman Street, Room 818
Denver, CO 80203
RE: Black Hollow Estates
Case No. MK-1039
NE%of Section 10,T7N, R67W, 6th P.M.
Water Division 1, Water District 3
Dear Mr. Knox:
I am forwarding this letter and attached information in response to your April 24, 2003 referral letter
to the Weld County Planning Department relating to Black Hollow Estates.
Attached, I believe you will find sufficient evidence that a viable water supply is available for this
project I have included the following:
1. Original commitment letter from the North Weld County Water District(NWCWD).
2. Draft Line Extension Agreement from NWCWD
3. Water Supply Information Summary
In addition, you requested a report from the NWCWD documenting the amount of water which can
be supplied by the District In a meeting with Mr. Alan Overton of the NWCWD, he indicated that it
would be impossible for the District to provide a report of this type for each project submitted for
review. He also indicated that the District has not provided a report of this type in the past The
NWCWD does provide a yearly summary of District activity for review by the Northern Colorado
Water Conservancy District.
I trust this information will allow you to complete your review and provide a favorable response for
our project Please contact me at(970) 231-9937 if you have additional questions.
Sinc re
Couch, P'.E.
EAM Engineering
Cc: Charles Meserlian
Kim Ogle, Weld County Planning Department
Alan Overton, NWCWD
2004-0900
r WaTER SUPPLY INFORMATION SUP"IARY
Section 30.28.133,(d), C.A.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
Black f&ollo41 Es tq lies c/ll &any Coe # MK 1037
2. LAND USE ACTION )Miter 5 4dwtsftm
3. NAME OF EXISTING PARCEL AS RECORDED N/- .
SUBDIVISION - FILING - . BLOCK - LOT
4. TOTAL ACREAGE 'too 5. NUMBER OF LOTS PROPOSED 9 PLAT MAP ENCLOSED%YES
•
6. PARCEL HISTORY • Please attach copies of deeds, plats or other evidence or documentation.
A. Was parcel recorded with county prior to June 1, 1972? 0 YES 'NO
B. Has the parcel ever been part of a division of land action since June 1, 1972? 0 YES iIO
If yes, describe the previous action
7. LOCATION OF PARCEL • Include a map deliniating the project area and tie to a section corner. •
1/4 OF NE 1/4 SECTION /0 TOWNSHIP 7 I'N ❑ S RANGE 67 0 E jeW
PRINCIPAL MERIDIAN: (6TH 0 N.M. ❑ LITE 0 COSTILLA
.-.8. PLAT• Location of all wells on ro rty must be plotted and permit numbers provided. j WO/y//
Surveyors plat ❑ Yes ,No If not, scaled.hand drawn sketch 0 Yes ,�No ND GS
9. ESTIMATED WATER REQUIREMENTS • Gallons per Day or Acre Feet per Year 10. WATER SUPPLY SOURCE
X3elle(IQ T 290.3Qriel 0 EXISTING ❑ DEVELOPED
WELLS SPRING 0 NEW WELLS .
HOUSEHOLD USE D 9 of units S KDO GPO AF WELL PERMIT NUMBERS PROPOSE,AIAL .IcxccK ORM
nti
_4____5-1100
� 0 UPPER aaApatlOE
0 untie OAWSON 0 LOWER ARAPAHOE
COMMERCIAL USE if — of S.F. GPO AF �/ O LOWER OAWSaa O IARAAOE FOX NUS
M/0 10IIS O DENVER ❑oAKOTA
❑OTRet
IRRIGATION# — of acres GPO AF
STOCK WATERING D — of head GPO AF 0 MUNICIPAL •
0 ASSOCIATION WATER COURT
DECREE CASE NO.'S
OTHER GPO AF 0 COMPANY 110
-
TOTAL ICT NQct4 4/ilr�
TOTAL GPO AF NAME �arfjy kMo- 1's/ftc!
LETTER OF C66MMITMENT FOR •
SERVICE ANT YES ❑ NO
11. ENGINEER'S WATER SUPPLY REPORT 0 YES NO IF YES, PLEASE FORWARD WITH THIS FORM. (This may be required before our review is completed.)
12. TYPE OF SEWAGE DISPOSAL SYSTEM
,,..'SEPTIC TANK/LEACH FIELD ❑ CENTRAL SYSTEM • DISTRICT NAME
0 LAGOON ❑ VAULT • LOCATION SEWAGE HAULED TO
I
0 ENGINEERED SYSTEM meth h r copy of engineering design) ❑ OTHER
Water Supply and Storage Company
P.O.Box 1584
Fort Collins, Colorado 80522
July 26, 2003
Mr. Charles Mesertian
2324 Plains Court
Fort Collins, CO 80521
RE: Black Hollow Estates—Change of Zone—Letter Agreement
Dear Mr. Meserlian:
I recently met at your project site with Jeff Couch, P.E. of TEAM Engineering relating to the
upcoming Change of Zone submittal for Black Hollow Estates. This correspondence is intended to
satisfy 23-2-50.6.14 of the Weld County Code relating to the need for an agreement between
Water Supply and Storage Company and the owner/developer of Black Hollow Estates.
This information is provided to identify any conflicts or issues relating to the development of nine
(9) residential lots proposed as part of Black Hollow Estates. Specifically, it applies to historical
and necessary ditch activities which Water Supply and Storage Company undertakes along the
Larimer County Canal adjacent to this property located south of Weld County Road 84.
After reviewing the proposed layout and site information,we request the following:
1. Right-of-Way
The west boundary of the Black Hollow Estates appears to be the center of the existing
canal In order to provide adequate room to conduct maintenance operations, we request _ __
that an easement be provided either a minimum of thirty foot(30') from the top of the east
ditch bank or to the outside of the existing ditch maintenance road,whichever is greater.
2. Fencing
We request that this easement be fenced to restrict access to the ditch improvements.
The fence is to be constructed of non-flammable material to a height of five (5) feet. The
fence should be posted with "NO Trespassing" signs. One locked gate per lot will be
allowed for the lots adjacent to the ditch.
Mr. Charles Meserlian
July 26, 2003
Page Two
3. Groundwater
Areas adjacent to the canal may have a higher water table. Houses should be setback an
appropriate distance to eliminate potential conflicts with groundwater, underdrains, existing
irrigation headgates and laterals. Future structures should be designed to facilitate
potential groundwater fluctuations and impacts.
This letter agreement represents our understanding of issues relating to the Black Hollow Estates
project at this time and reflects our previous comments dated April 24, 2003. Additional
information or project changes may create additional comments.
Please sign and return this document and feel free to contact me 482-3433 if you have additional
questions.
Sincerely,
Fred Walker, President
Water Supply and Storage Company
Approved By:
Date:
Charles Meserlian
•
BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT
GARY SIMPSON 11.4k 33247 HIGHWAY 85 • LUCERNE, CO 80646
ROBERTARNBRECHT
CHARLES ACHZIGER
t ; i DON POSSELT, DISTRICT MANAGER
RALPH PRIOR -- t
JOHN JOHNSON P.O. BOX 56 • PHONE (970) 356-3020 • FAX (970) 395-0997
e-mail: water@nwcwd.org
February 26, 2003
Jeff Couch
Scenic Views Real Estate
3002 W. Elizabeth Suite 513
Fort Collins, CO 80521
Re: Black Hollow Estates
North Weld County Water District is able and intends to serve the proposed 9 Lots, located in a portion of the
NE '/4 of Section 10, Township 7 North, Range 67 West, of the 6°i Prime Meridian.
To provide water service with adequate pressures, the Developer will have to extend a water line from an existing
waterline located at the intersection of WCR 15 & WCR 84 to the Development. The size of this line has not yet
been determined, and will be designed for minimum fire flow requirements as dictated by the governing fire
district.
The costs associated with water service shall be the current Plant Investment Fee per Lot prior to water being
supplied to the subdivision. The Water Mains serving the subdivision shall be paid for and constructed by the
Developer, according to the District's Standards and Specifications. Raw Water shall be purchased through North
Weld County Water District before an individual tap will be set. The Raw Water Cost may be paid by the
developer, or by the individual lot owner.
Refer to the following Table for the costs of the associated Fees that will be effective April 1, 2003. All Fees and
Requirements are subject to change without notice, therefore; it is recommended to keep in contact with the
District periodically for updated costs and requirements.
Fees and Cost
Time of Payment
Re uirements
(as of April 1, 2003)
Off-Site Infrastructure TBD
Fire Flow Fee TBD
TBD TBD
Plant Investment Fee
Base Portion $67,500 $7,500 er Lot
Distance Portion $5,400 $300 er mile er Lot Date To Be Determined
Date To Be Determined
Raw Water Re uirement $117,000 $13,000 er Lot
be Set
Meter Set Fees A rox. $7,200 At Cost, er Lot After BeforIndie dvlid Individual Mvidualeetetersters have been Set
It is the Developers' responsibility to have the internal and off-site water mains designed by an engineer, and such
designed plans shall be approved by the District. When the Developer is ready to proceed, the District and the
Developer will enter into a legal Water Service Agreement.
If you have any questions, you can contact me at the office (970)356-3020.
Alan Overton
North Weld County Water District
P:\Subdivisions\Black Hollow Estates\Intent(02-26-03).doe
DRAFT
WATER SERVICE AGREEMENT
(DEVELOPMENT/SUBDIVISION - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the 14th day of July, 2003,
by and between the North Weld County Water District, acting by and through the North
Weld County Water District Enterprise (hereinafter "District") and Charles Meserlian,
(hereinafter "Developer"), of Black Hollow Estates Minor Subdivision, (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 Black Hollow Estates; 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 nine (9)
individual residential water taps ("Taps"). The District shall furnish 70% of an acre foot
(228,000 gallons) of water per tap per annual water year, if the allotment for Colorado-
Big Thompson (CBT) project water, which is determined by the Northern Colorado
Water Conservancy District, is 50% or greater. North Weld County Water District will
restrict the delivery as necessary when the CBT allotment is less than 50%.
1.2 The water to be furnished by the District shall be potable water, which
complies with the Federal Safe Drinking Water Act and any other applicable drinking
water regulations. No promise or guarantee of pressure is made by the District or is to
be implied from anything contained herein.
1.3 The District shall use reasonable diligence to provide a constant and
uninterrupted supply of water, except for interruptions due to: (1) Uncontrollable forces;
(2) Operations or devices installed for water system protection; (3) Maintenance, repair,
replacement, installation of equipment, or investigation and inspection of the water
system, which interruption or reductions are temporary, and in the sole opinion of the
District, necessary.
1.4 The District shall install and own a meter vault at each individual lot.
P:\Subdivisioos\Black Hollow Estates\W aterServiceAgreement(07-14-03).doc
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"). 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 No residential water service will be provided to any water tap within the
Development until all fees, expenses and charges as determined by the District have
been paid and/or water dedicated. The fees, charges and expenses, and/or water
dedication shall be as determined and defined by the District and based upon such
fees, charges and expenses, and water dedication requirements then in effect.
Developer understands that the amount due for such fees, charges and expenses,
and/or water dedication are subject to change or modification at the sole discretion of
District.
2.3 Pursuant to this Agreement, the fees, expenses and charges for a water
tap consist of(1) Infrastructure Enhancement Fee as determined in Paragraph 2.4; (2)
raw water or cash in lieu as provided in Paragraph 2.7; (3) Plant Investment Fee as
provided in Paragraph 2.5; (4) Mileage Charge pursuant to Paragraph 2.6; and (5)
Meter Fee as provided pursuant to Paragraph 2.10. Notwithstanding anything to the
contrary herein, payment of all fees, expenses and charges as established pursuant to
this Agreement shall be a condition precedent to the District being required to provide
water service to any tap within the Development. If the total fees, expenses and
charges are not paid, all prior fees, expenses and charges paid by the Developer or any
improvements made by the Developer shall be considered as forfeited to the District as
liquidated damages as accurate calculation and determination of damages would not be
possible.
2.4 The Developer will be responsible to construct substantial offsite
infrastructure enhancements. The alignment, size, and cost associated with such
enhancements has not yet been determined. Construction must be completed under
the inspection and approval of the District prior to the issuance of any residential
building permit.
2.5 The Plant Investment Fee shall be the sum of$7,500.00 times the platted
and approved number of lots in this development being nine (9) total. The Plant
Investment Fee as determined pursuant to this Paragraph 2.5 shall be $67,500.0° and
said sum shall be paid by Developer to District in a single lump sum on or before the
10th day of May, 2004. If the Plant Investment Fee is not paid by this last mentioned
date, this Water Service Agreement shall be deemed null and void and the District shall
be entitled to keep, as liquidated damages, any sums or fees previously paid by
Developer. No portion of the Plant Investment Fee shall be returned or refunded once
established pursuant to this Agreement even if the number of lots and/or taps in the
Development is later decreased or unsold. However, if the number of lots and/or taps
increases beyond the number established in this Paragraph 2.5, Developer will pay the
Plant Investment Fee for each new tap within the Development at the rate for Plant
Investment Fees then in effect.
2.6 Also, Developer shall pay the Mileage Charge for each tap in the
Development. The Mileage Charge per tap for this Development is determined to be
P:\Subdivisions\Black Hollow Estates\WalerServiceAgreement(07-14-03).doc
•
$5,400.00 and said sum shall be paid to District by Developer in a single lump sum on or
before the 10th day of May, 2004. If the mileage charge is not paid by this last
mentioned date, this Water Service Agreement shall be deemed null and void and the
District shall be entitled to keep, as liquidated damages, any sums or fees previously
paid by Developer. No portion of the Mileage Charge shall be returned or refunded
once established pursuant to this Agreement 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 Paragraph 1.1, Developer will pay the
Mileage Charge for each new tap within the Development at the rate for Mileage Charge
then in effect.
2.7 The raw water requirement shall be met by payment of cash in lieu of the
dedication of raw water. The cash in lieu fee for this Development shall be the total sum
of$117,000.00 if paid on or before the 31St day of October, 2003. If such sum is not paid
by this last mentioned date, the cash in lieu charge shall be paid as part of the tap
application as provided in Paragraph 2.10. The cash in lieu sum due at the time of the
tap application shall be in accordance with the cash in lieu fee as established by the
District and in effect at the time of the tap application for this Development.
2.8 The Developer shall provide the District with security to secure the
installation and warranty of water lines within the Development during the one-year
conditional acceptance period. Said security shall cover 25% of all costs for
construction of said water lines, which shall be released at the expiration of the one-
, year warranty period and upon full acceptance of the water lines by the District. The
type of security to be accepted shall be at the sole discretion of the District which will
normally be a letter of credit, certificate of deposit, or bond.
2.9 During the one-year conditional acceptance period the Developer will be
responsible for any repairs or maintenance of the Development water line
improvements. All such repairs and/or maintenance shall be in accordance with the
District policies and engineering requirements, and shall be reviewed and approved by
the District prior to any repairs or maintenance being effected except in emergency
situations.
2.10 Prior to a meter being set and water service being provided at or for any
tap, the Developer or parcel owner shall be required to complete the District's tap
application form, pay the Meter Fee, and pay any remaining fees, expenses and
charges, if any, (such as cash in lieu), 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 requirement deemed necessary by District, in its sole
discretion.
P:\Subdivisions\Black Hollow Estates\W aterSeviceAgreemenl(07-I4-03).doc
^ ^
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 Black Hollow Estates 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 Black Hollow 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 Black Hollow
Estates Development, and which shall constitute a first and prior lien upon all lots and
property in said Black Hollow Estates 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.
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
EASEMENTS AND RIGHTS-OF-WAY
4.1 As additional consideration for this Water Service Agreement, Doveloper
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
determined all of which shall be satisfactory to the District, at its sol
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-prevideany
services of any typo.
4.2 In addition to execution of the attached Easement and Right of Way
Agreement, any plats submitted for approval to any government
and indicate the location of the easements and rights of way as provided-in-this
• rict prior to any final
ARTICLE 5
MISCELLANEOUS
5.1 This Agreement is conditional as the final plat of the Development has not
yet been approved by Weld County. If the final plat is not approved on or before the
31St day of July, 2004, this Agreement can then be terminated by Developer and the
same shall be considered null and void. Notwithstanding any language to the contrary,
P:\Subdivisions\Black Hollow Estates\W aterServieeAgreement(07-14-03).doc
Developer shall be entitled to a refund of 90% of costs and expenses paid pursuant to
Article 2. The 10% retention by the District shall be considered as administrative
expenses.
5.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
5.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
P:\Subdivisions\Black Hollow Estates\W aterserviceAgreement(07-14-03).doc
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
^ year first above written.
DEVELOPER:
DRAFT
By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
DRAFT DRAFT
By: By:
Secretary President
STATE OF COLORADO
) ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, by
Developer.
Witness my hand and official seal.
My commission expires:
DRAFT
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
, by as
President and as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires:
DRAFT
Notary Public
P:\Subdivisions\Black Hollow Estates\WaterServiceAgreement(07-14-03).doc
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