HomeMy WebLinkAbout20030079.tiff WATIR SUPPLY INFORMATION SUM!M*Y
Section 30-28.133,Id1, 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.
SrateWell FL(ID NAME OF DEVELOPMENT AS PROPOSED
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2. LAND USE ACTION C[nUnit o F- 11)'n ..„ 0(-)a 0 F WAVGG stir )
3. NAME OF EXISTING PARCEL AS RECORDED L°' 'A and 13 or re 2 i 2.
SUBDIVISION FILING _ BLOCK — LOT —
4.TOTAL ACREAGE r71.(0 I 5. NUMBER OF LOTS PROPOSED I 0 PLAT MAP ENCLOSED 1/ES
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 ICJ NO
B.Has the parcel ever been part of a divisi11oty�-,of land action sm a June 1, 1972? t1J-fES 0 NO
H yes, describe the previous action f<'rl'<rfrrrf /VoledYl10 ) IcE Z'±1a-
7. LOCATION OF PARCEL • Include a map definiatinp the project area and tie to a section corner.
114 OF 114 SECTION �0 TOWNSHIP 42 ISA OS RANGE (0(0 OE P
PRINCIPAL MERIDIAN: ID4TH 0 N.M. O UTE O COSTILLA /�'
8. PLAT-Location of all wells on property must be plotted and permit numbers provided. Y ry / t en `�
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Surveyors plat O Yes 0 No If not,scaled hand drawn sketch O Yes O Na
ESTIMATED WATER REQUIREMENTS • Gallen per Day or Acts Feet per Year 10. WATER SUPPLY SOURCE
....-.__......��._...__________�.._......�.-.._• 0 EXISTING ❑ DEVELOPED � ❑ NEW WELLS
•
` WELLS SPRING I PROPOSED SOWERS•lases sm
HOUSEHOLD USE / 10 of units GPOILV PAF WELL PERMIT NUMBERS O Auuwat O UPPER AMPAHM
❑UPPER wwsoe O tawtn ARAPAeot
COMMERCIAL USE I of S.F. GPO _ -/1F 1 o a LOWER DAMN 0 DAKOTA Pox Pius
a anon
/Z 2.IRRIGATION I I7of acres GPD _ AF
$S hail-to-0th W1 e ftviey,km - sa frefing a '
STOCK WATERING / of head GPO AF O MUNICIPAL • -
❑ ASSOCIATION i WATER COURT DECREE CASE NO.'S
OTHER - GPO AF O COMPANY
4 Ara"
TOTAL GPO AF NAME Nun-II 101 �D Or
LETTER OF COMMITMENT FOR •
• SERVICE ❑ YES ❑ NO
11. ENGINEER'S WATER SUPPLY REPORT 0 YES '$N0 IF YES, PLEASE FORWARD WITH THIS FORM. (Ti's any be ntumd biter.eta nrisw is comploist,
12. TYPE OF SEWAGE DISPOSAL SYSTEM l ___ loi ty
SEPTIC TANKILEACH FIELD 0 CENTRAL SYSTEM - DISTRICT NAME
eat LAGOON O VAULT • LOCATION SEWAGE HAULED TO
❑ ENGINEERED SYSTEM (Attach a copy et anfMserse Sip a O OTHER
2003-0079
a WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
wi
WDWEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORAD O
/froZ
( Via Ce5 rcC Tee l
r0 r
Forrest Leaf, P.E.
1401 41s` Avenue
Greeley, CO 80634
(970) 396-8906 Tel
(970) 392-0300 Fax
• forrest_leaf@yahoo.com
LEAF ENGINEERING
April 28, 2002
Billy Roberts
12691 WCR 64.5
Greeley, CO 80634
Re: Revised Engineering Report
Dear Billy:
I have revised my engineering report to reflect that you own 8 shares of the Whitney Ditch. I did
look at the annual depletions associated with 33 acres of free water surface and have concluded
that you will need 5 of the 8 shares to cover pit depletions. In addition, you will need to acquire
storage from Bret to cover the winter depletions and returns for the Whitney Ditch water. Bret
has agreed to develop lined storage on the Firestien site,but you will need to negotiate with him
as to your storage needs.
Sincerely,
LrTG E
Forrest Leaf, P.E.
Enclosure
Water Rights • Hydrology • Hydraulics • Water Quality
E:U,eatInall\Gravel Pits\Poudre\Rcberts\Roberts HUA Report Transmittal I_etter2.doc
WATER SERVICE AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
, by and between the North Weld County Water District, acting by and through
the North Weld County Water District Enterprise (hereinafter "District"), and
William Roberts, the developer (hereinafter "Developer") of Roberts Property PUD,
(hereinafter "Development").
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 Roberts Property PUD, and
WHEREAS, the Developer is installing, as part of the Development, a dual water
system with one part("non-potable") being used for irrigation and the second part,which is
the subject of this Agreement a domestic potable water system for RO use only. And
WHEREAS,the RO use only water tap shall be designated hereinafter as"RO"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 potable water for RO use only
for a total of ten (10) RO water taps. The District is currently serving one (1) standard tap
on this property, which will be dedicated to Lot 9 as an RO tap. The water from the
standard tap will be split and attached to Lots 9 and 10.
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1.2 Each RO water tap shall be allocated a maximum of 114,000 gallons per
District water year. The charge for the RO water tap usage of 114,000 gallons per water
year shall be based upon the fees, charges and costs as determined and established by
the District in accordance with District policies and procedures. In the event additional
water is available and if more than 114,000 gallons per water year is metered through any
RO tap, said tap shall pay a surcharge established by the District in accordance with
District policies and procedures then in effect. If additional water is not available or cannot
be feasibly provided by the District to the subject RO tap. District shall have the right to
cease water delivery to said RO water tap for any usage in excess of 114,000 gallons per
water year.
1.3 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.
1.4 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.
1.5 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
RO water taps. The District must approve engineering and construction plans of all
said domestic water lines before construction. Once the District has approved the final
domestic water line construction and installation, in accordance with all District policies
and engineering requirements, the District will conditionally accept the domestic water
lines by issuance of a conditional acceptance letter (see Exhibit "A"). One year after
conditional acceptance of the domestic water lines, subject to final approval by the
District, Developer shall dedicate ownership of the domestic water lines to the District.
The Developer may use the District's existing domestic water lines to serve the
individual RO water taps, if the District determines in its sole discretion, that the Districts
domestic water line(s) may be accessed and has available capacity and pressure to
serve the Development.
2.2 Pursuant to this Agreement, the fees, expenses and charges for a water
tap consist of (1) Infrastructure Enhancement Fee as determined in Paragraph 2.3; (2)
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raw water or cash in lieu as provided in Paragraph 2.6; (3) Plant Investment Fee as
provided in Paragraph 2.4; (4) Mileage Charge pursuant to Paragraph 2.5; and (5)
Meter Fee as provided pursuant to Paragraph 2.9. 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.
2.3 The District will require the developer to construct substantial offsite
infrastructure enhancements, which include the construction of an 8" waterline from
WCR 66 & WCR 27 to the PUD. The construction shall include but may not be limited
to a tie-in to existing facilities, air/vacuum relief valves, isolation valves, fire hydrant(s)
and a railroad bore. The developer shall be responsible for all associated construction
costs, such as easement acquirement, permitting with Weld County, and all related
construction costs as determined necessary by Weld County, Land Owners and the
District. The District must approve engineering and construction plans of all said
domestic water lines before construction. Once the District has approved the final
domestic water line construction and installation, in accordance with all District policies
and engineering requirements, the District will conditionally accept the domestic water
lines by issuance of a conditional acceptance letter (see Exhibit "A"). One year after
conditional acceptance of the domestic water lines, subject to final approval by the
District, Developer shall dedicate ownership of the domestic water lines to the District.
2.4 The Plant Investment Fee shall be the sum of$6,500.00 times the platted
and approved number of lots in this development being ten (10), with the Plant
Investment for Lot 9 being provided by the current meter#1509(01). The Plant
Investment Fee as determined pursuant to this Paragraph 2.5 shall be $58,500.0° and
said sum shall be paid by Developer to District in a single lump sum on or before the 1 t
day of June, 2003. 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 2.4, Developer will pay the
Plant Investment Fee for each new tap within the Development at the rate for Plant
Investment Fees then in effect.
2.5 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
$35,100.00 and said sum shall be paid to District by Developer in a single lump sum on
or before the 1st day of June 2003. If the mileage charge is not paid by this last
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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 be 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.
2.6 The raw water requirement shall be met by payment of cash in lieu of the
dedication or raw water. The cash in lieu fee for this Development shall be the total
sum of$52,000.0° if paid on or before the 1st day of January, 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.
2.7 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 10% 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.
2.8 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.
2.9 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, 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.
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
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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.
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 Roberts Property 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 Roberts Property 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
Roberts Property PUD Development, and which shall constitute a first and prior lien
upon all lots and property in said Roberts Property PUD 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
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ARTICLE 4
EASEMENT AND RIGHT-OF-WAY
4.1 As additional consideration for this Water Sorvico Agreement, Developer
agrees to sign and execute the attached form Easement and Right of Way Agroomont
(Exhibit "B")with the specific locations, widths, size of pipolino(s) and descriptions to be
determined all of which shall be satisfactory to tho District, at its sole discretion. This
Agreement is conditional upon execution and recording of the Easement and Right of-
Way Agreement, and until such Easemont 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.
4.2 In addition to execution of the attached Easement and Right of Way
Agrooment, 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 tho District prior to any final
approval by any governmental authority.
ARTICLE 5
MISCELLANEOUS
5.1 It shall be the sole responsibility of the Developer to adequately advise
and inform all potential Development purchasers of this Agreement and the limitations
policies and procedures of the RO water tap. It is recommended that such advisement
be contained in covenants closing documents and development application documents
submitted to governmental authorities. Additionally a notation of the RO water tap shall
be placed upon the final plat or map prior to final governmental authority approval and
subsequent recording.
5.2 As the Development is approved based upon this Agreement for RO
water taps the lot or parcel owner within the Development shall have the right to apply
for another classification of tap. The District will determine it its sole and absolute
discretion, that another type or classification of tap is available with adequate water
delivery and pressure. Any additional fees, charges and costs associated with any
change in the tap classification shall be at the sole discretion of the District.
5.3 There shall be absolutely no interconnection or link of any facilities or lines
of the domestic water lines and the non-potable water lines located in the Development.
Furthermore, non-potable water lines shall not be located within five feet of any
domestic water line without the express written permission of the District. All non-
potable water lines shall be made of a PVC material that has a purple, brown or pink
pigment coloration. The non-potable water lines shall be installed with a warning tape
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marked "NON-POTABLE WATER". Such warning tape shall be placed on top of the
water line and no more than two feet above the water line.
ARTICLE 6
TERM
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, 2004, 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 90% of costs and expenses paid pursuant to
Article 2. The 10% retention by the District shall be considered as administrative
expenses.
6.2 This Agreement cannot be assigned by the Developer without the express
written approval of the 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"
DISTRICT:
Attest: NORTH WELD COUNTY WATER DISTRICT
Secretary President
"District" "District"
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of , 20_
by as Developer.
WITNESS by hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of , 20_
by as Secretary of North Weld County
Water District.
WITNESS by hand and official seal.
My commission expires:
Notary Public
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eTh
EXHIBIT "A"
(Date)
Name
Address
Re: Conditional Acceptance of
Developer:
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 , all requirements have now been met for conditional
acceptance of the water system improvements as constructed for the
project located within the ** % of Section **, Township * North, Range ** West of the 6th
Prime Meridian, County of , State of Colorado.
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
District Manager Date Developer Date
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