HomeMy WebLinkAbout20062677.tiff Page l of l
Jacqueline Hatch
From: Bruce Barker
Sent: Thursday, April 20, 2006 5:08 PM
To: Reid Bond
Cc: Tiffane Johnson; Jacqueline Hatch
Subject: RE: Liberty PUD Subdivision Water and Sewer Utilitiy committments
Reid:
As you know, Lee Morrison has been out of the office for the past few weeks. He is doing much better.
I have reviewed the attached agreements and find them to be acceptable. I do not know the number of taps
required, so I am not sure if the 130 taps is sufficient. Otherwise, everything looks good.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions or other information you wish
to obtain.
Bruce Barker
Weld County Attorney
From: Reid Bond [mailto:bondr@landmarkltd.com]
Sent: Monday, April 17, 2006 8:28 AM
To: Lee Morrison
Cc: Tiffane Johnson
Subject: Liberty PUD Subdivision Water and Sewer Utilitiy committments
Hi Lee,
I had talked to you on February 2, 2006 regarding information you need to evaluate commitment of utility
companies for the subject proposed project. You indicated that it would be best to send the information
electronically.
The proposed Liberty Subdivision is located approximately 1 mile south and 1 mile west of Mead. The
subdivision will be served by the Little Thompson Water District and by the St. Vrain Sanitation District. Both
have available service capacity to serve this subdivision. Main line extensions will be required by both Districts.
As of last Wednesday (4/12/05), Tiffane Johnson of our Planning Department submitted a review set of Change of
Zone submittals to Jacqueline Hatch, Weld County Planner. Additional packets will be submitted if Jacqueline
determines that all submittal information is satisfactory.
Because the Weld County Planning Department will need input from your office regarding project approval in
regards to water and wastewater public utilities, I have attached copies of commitments from both Districts.
Please review these to determine if they are sufficient for you to it issue the necessary approval from your office.
If not, please let me know what additional information you may need.
Thanks,
Reid W. Bond, P.E.
2006-2677
04/21/2006
Ma,__ Line Water Extension Agreement
This Agreement, made and entered into this 2nd day of February 2006 by and between
L LE THOMPSON WATER DISTRICT, hereinafter called the"District"and Liberty Properties LLLP
hereinafter called"Customer",is upon the following terms and conditions,to-wit:
I. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be
established,or as hereinafter established. The Customer is either a taxpaying elector within the District, or desires to receive water service
and to join the District.
2. The Customer desires to obtain water service for the"property"described in this Agreement.
3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water
service to the property; but the District may construct said mains, or the District may approve construction by the Customer, or the
Customer's contractor upon terms approved by the District.
A. The District must approve such construction by the Customer, or the Customer's contractor by a written agreement providing for
the terms of such installation, including requirements that the materials used shall meet all standards of the District and that
provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the
Customer to the District.
B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction
cost of the District for such installation. After completion of all construction and acceptance by the District,a final adjustment of
costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of
construction,then the Customer shall pay to the District,on demand,additional advances towards the cost of construction.
C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and
interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the
District by good and sufficient assignment or bill of sale or general warranty deed. Such transfer shall be made free and clear of
all liens and encumbrances, and the Customer shall furnish sufficient evidence of title or a"Form 100"title policy if required by
the District. The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond
pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and
materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of.
acceptance of such facilities by the written acceptance of such facilities. The District, upon receipt of the documents of transfer
and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this
Agreement and all other conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer
and shall thereafter assume operation and maintenance of the lines. In no event shall the District assume ownership,operation or
maintenance of any installation on the service side of the metering installation for the property.
4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be
hereafter adopted by the District. The Customer shall commence payment of established rates of the District, including minimum fees, on
the date of installation of a tap and water is available for use at the tap.
5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement.
6. The terms of this Agreement shall apply to the property described herein, and the taps hereinafter provided may be used only upon said
property. The parties hereto agree that this Agreement shall be treated as personal property and not real property.
7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District. If the plat must
be approved by the County Commissioners, then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which
the development is situated must be provided to the District.
8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct,
operate and maintain the facilities herein described, together with the full right of ingress and egress, and to cut and trim trees and
shrubbery to the extent necessary. The Customer shall obtain and convey to the District all easements required by the District, and the
District shall not be responsible for any delay in providing service in the event of failure to provide such easements. Furthermore,failure to
provide easements required by the District will cause this Agreement to become null and void and of no further force and effect, and the
Customer shall forfeit all money or rights theretofore transferred to the District.
9. The facilities herein described are required by the Customer by date hereinafter stated. In the event the District installs the facility, the
District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God,
governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause
beyond the reasonable control of the District,the District shall not be liable therefore or for damages caused thereby.
10. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good engineering
practice after the Customer has established property lines,cut streets, alleys and easements to final grade and prior to the paving of streets,
and the construction of curbs and gutters. The Customer shall reimburse the District for any expense due to subsequent changes by the
Customer.
II. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions
now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and
regulations as now established or as may hereafter be established by the District. No water service may be obtained except upon property
included within the boundaries of the District. Customer agrees that no other person shall be permitted to use water provided by the taps
herein described.
2. In the even that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from
the date of this Agreement, then this Agreement shall become null and void. In such event, the District may set off against the deposit
herein provided for the amount of its expense and return the balance of such deposit, if any, to the Customer. Customer agrees to pay all
expense incurred by the District in excess of such deposit.
LTWD Form 210
(Revised May 1986) Page of 2
13. (Delete if inapplicable.) In order to at the cost of water to supply the property herein .,cribed, the Customer agrees to sell to the
District the number of acre-foot-units of the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the
amount for each unit,hereinafter described. Customer shall not receive cash for such units transferred to the District,but the total value of
such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap.
—14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property, and each tap shall
not exceed '/ inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by
the Customer, including transfer of the above-described water rights. The taps may not be used on any property other than that described
herein without the express prior written consent of the District to such transfer. Any such transfer shall be made to property owned by the
Customer, and such property, and the Customer, shall meet all rules, regulations and requirements of the District in order to achieve a
requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described
property, or at any other place shall expire and become null and void 20 years from the date of this Agreement. Customer may not
encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto. In all other respects the taps or
water rights credit shall be treated as personal property.
15. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District,the
District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within
the below described property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer
should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be
made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period, the District shall have no
further obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements.
16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be
established by the District. District shall not be liable for any injury or damage for failure to deliver water for any reason including but not
limited to war,riot, insurrection,Act of God,or breaks or failure of the water system.
17. No agent or representative of the District has the power to amend,modify, alter or waive any provisions of this Agreement. Any promises,
agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force
and effect.
18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates, tolls, penalties, or
charges for services, programs, or facilities furnished by the district constitute a perpetual lien on the property herein described, and that
such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.
§32-1-1001(1)(j), C.R.S. 1973 (1981 Amendments). In the event Customer fails to abide by any of the terms or conditions of this
Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and
consequential damages,loss of revenue,attorney fees,court costs,expert witness fees and other expenses.
19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties
hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person.
^'N WITNESS WHEREOF,the parties hereto have set their signatures the day and year first above written.
,/i L,THOMPSON WA DIS R CJ`s//j�M/ •
By ✓ G�"vr<'i By: `_'����i. G 111
Mailing Address: _Liberty Properties LLLP,4068 Camelot Circle
Ratified by LTWD Board``of Directors on: _Longmont,Colorado 80504
121241 2ca( Telephone: 970-535-6074
I.) Real Estate Description for Agreement("Property"):
Northwest Quarter,Section 21,Township 3 North,Range 68 West,6th P.M.
2.) Amount of Deposit: $ Not Applicable
3.) Date Customer needs facilities: Not Determined
4.) Number of Northern Colorado Water Conservancy District units transferred to District: Not Determined at this time.
5.) Price per unit of Northern Colorado Water Conservancy District water: N/A
6.) Tap Size: 5/8 x' inches.
7.) Number of taps to be installed: 130
1.) Plat Provided? Yes X No. (Preliminary Plat Currently Being Developed)
9.) Number of new fire hydrants: 22
10.) Fee for hydrants: $ 2,000 Each
LTWD Form 210
(Revised May 1986) Page 2 of 2
Ma Line Water Extension Agreem
This Agreement,made and entered into this 2nd day of February ,2006 by and between
,E THOMPSON WATER DISTRICT,hereinafter called the"District"and Liberty Properties LLLP
hereinafter called"Customer",is upon the following terms and conditions,to-wit:
I. The District is organized as a special district under laws of the State of Colorado serving treated water within the District as may now be
established,or as hereinafter established. The Customer is either a taxpaying elector within the District,or desires to receive water service
and to join the District.
2. The Customer desires to obtain water service for the"property"described in this Agreement.
3. The Customer shall pay for and provide all water mains either within or without the boundaries of the District in order to provide water
service to the property; but the District may construct said mains, or the District may approve construction by the Customer, or the
Customer's contractor upon terms approved by the District.
A. The District must approve such construction by the Customer,or the Customer's contractor by a written agreement providing for
the terms of such installation, including requirements that the materials used shall meet all standards of the District and that
provides for inspection by the District of the construction of such water mains. The cost of all construction shall be paid by the
Customer to the District.
B. A deposit in the amount hereinafter provided shall be paid by the Customer to the District as an advance towards the construction
cost of the District for such installation. After completion of all construction and acceptance by the District, a final adjustment of
costs will be made, if necessary. In the event that it is determined that the deposit is insufficient to cover the estimated cost of
construction,then the Customer shall pay to the District,on demand,additional advances towards the cost of construction.
C. If the installation is constructed by the Customer, or the Customer's contractor, the Customer shall transfer all right, title and
interest in and to the facilities installed as well as all easements and appurtenances and other necessary property rights to the
District by good and sufficient assignment or bill of sale or general warranty deed. Such transfer shall be made free and clear of
all liens and encumbrances,and the Customer shall furnish sufficient evidence of title or a"Form 100"title policy if required by
the District. The Customer shall furnish mechanic's lien releases or a good and sufficient performance and payment bond
pursuant to the Colorado Mechanic's Lien Law in order to insure that all construction costs have been paid in full. All labor and
materials shall be warranted for defects of any kind by Customer and Customer's contractor for one year from the date of
acceptance of such facilities by the written acceptance of such facilities. The District, upon receipt of the documents of transfer
and evidence of title, shall consider whether to accept or reject the installation. If the Customer has complied with this
Agreement and all other conditions precedent to the acceptance of the facilities,the District shall approve and accept the transfer
and shall thereafter assume operation and maintenance of the lines. In no event shall the District assume ownership,operation or
maintenance of any installation on the service side of the metering installation for the property.
4. The District will provide service in accordance with its rules and regulations and line extension policies as now adopted or as may be
hereafter adopted by the District. The Customer shall commence payment of established rates of the District, including minimum fees, on
the date of installation of a tap and water is available for use at the tap.
5. The District,pursuant to the terms of this Agreement,will only be obligated to serve the tap size shown on this Agreement.
6. The terms of this Agreement shall apply to the property described herein, and the taps hereinafter provided may be used only upon said
property. The parties hereto agree that this Agreement shall be treated as personal property and not real property.
7. The Customer shall provide the District with an accurate copy of the final plat of the property to be served by the District. If the plat must
be approved by the County Commissioners,then a recorded copy of the plat with the Clerk and Recorder of the Colorado County in which
the development is situated must be provided to the District.
8. Customer hereby grants to the District the right to enter upon the land of the Customer and on the property as herein described to construct,
operate and maintain the facilities herein described, together with the full right of ingress and egress, and to cut and trim trees and
shrubbery to the extent necessary. The Customer shall obtain and convey to the District all easements required by the District, and the
District shall not be responsible for any delay in providing service in the event of failure to provide such easements. Furthermore,failure to
provide easements required by the District will cause this Agreement to become null and void and of no further force and effect, and the
Customer shall forfeit all money or rights theretofore transferred to the District.
9. The facilities herein described are required by the Customer by date hereinafter stated. In the event the District installs the facility, the
District shall use reasonable diligence in providing said facilities by that date. If said facilities cannot be installed because of act of God,
governmental authority, action of the elements, accident, strikes, labor trouble, inability to secure materials or equipment, or any cause
beyond the reasonable control of the District,the District shall not be liable therefore or for damages caused thereby.
10. In the event the District installs the facilities, the District shall install the facilities described herein in accordance with good engineering
practice after the Customer has established property lines, cut streets, alleys and easements to final grade and prior to the paving of streets,
and the construction of curbs and gutters. The Customer shall reimburse the District for any expense due to subsequent changes by the
Customer.
II. Water service shall be provided to Customers located within the property at the District's applicable rates, and upon terms and conditions
now in effect or at the rates and under the terms and conditions as may be hereafter be adopted by the District and upon the rules and
regulations as now established or as may hereafter be established by the District. No water service may be obtained except upon property
included within the boundaries of the District. Customer agrees that no other person shall be permitted to use water provided by the taps
herein described.
?. In the even that construction of the water mains is not completed by the Customer or the Customer's contractor on or before 2 years from
the date of this Agreement, then this Agreement shall become null and void. In such event, the District may set off against the deposit
herein provided for the amount of its expense and return the balance of such deposit, if any, to the Customer. Customer agrees to pay all
expense incurred by the District in excess of such deposit.
LTWD Form 210
(Revised May 1986) Page 1 of 2
13. (Delete if inapplicable.) In order to :t the cost of water to supply the property hereir. ;ribed, the Customer agrees to sell to the
District the number of acre-foot-units ut the Northern Colorado Water Conservancy District, Loveland, Colorado, water rights at the
amount for each unit,hereinafter described. Customer shall not receive cash for such units transferred to the District,but the total value of
such units as herein stated shall be applied to the tap price established by the District upon the date of installation of each such tap.
14. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property, and each tap shall
not exceed Y. inches. No taps will be served by the District until all of the terms and conditions of this Agreement have been fulfilled by
the Customer, including transfer of the above-described water rights. The taps may not be used on any property other than that described
herein without the express prior written consent of the District to such transfer. Any such transfer shall be made to property owned by the
Customer, and such property, and the Customer, shall meet all rules, regulations and requirements of the District in order to achieve a
requested transfer. Any right to receive a tap option or water rights credit under this Agreement, whether upon the above-described
property, or at any other place shall expire and become null and void 20 years from the date of this Agreement. Customer may not
encumber, mortgage or collaterally assign the taps without the prior written consent of the District thereto. In all other respects the taps or
water rights credit shall be treated as personal property.
IS. Because installation of certain facilities to the below described property may benefit property owned by other Customers of the District,the
District may pay tap rebates to the Customer upon receipt of a fully paid tap fee from another party to serve property not included within
the below described property. These tap rebates will be paid in accordance with the District Rules and Regulations and the Customer
should familiarize themselves with this portion of the aforementioned Rules and Regulations. The parties hereto agree that refunds will be
made for a period of 5 years from the date of this Agreement and that upon expiration of said 5-year period, the District shall have no
further obligation to make refunds. The total amount of the tap rebates will not exceed the Customer's cost for the improvements.
16. The Customer agrees to abide by all rates established and rules and regulations of the District as now established or as may hereafter be
established by the District. District shall not be liable for any injury or damage for failure to deliver water for any reason including but not
limited to war,riot,insurrection,Act of God,or breaks or failure of the water system.
17. No agent or representative of the District has the power to amend, modify,alter or waive any provisions of this Agreement. Any promises,
agreements, or representations made by any agent or representative of the District not herein set forth shall be void and of no further force
and effect.
18. The Customer understands and agrees that all amounts due under the terms of this Agreement, as well as all fees, rates, tolls, penalties, or
charges for services, programs, or facilities furnished by the district constitute a perpetual lien on the property herein described, and that
such lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.
§32-I-1001(1)(j), C.R.S. 1973 (1981 Amendments). In the event Customer fails to abide by any of the terms or conditions of this
Agreement, Customer agrees to pay all costs and expenses incurred by the District as a result of the breach including direct and
consequential damages, loss of revenue,attorney fees,court costs,expert witness fees and other expenses.
19. This Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors and assigns of the parties
hereto. Except as provided herein,the Customer may not assign all or any part of any interest in the Agreement to any person.
.—IN WITNESS WHEREOF,the parties hereto have set their signatures the day and year first above written.
By: � r L�J�T�� By:
Mailing WA DIS R)
Mailing Address: Liberty Properties LLLP.4068 Camelot Circle
Ratified by LTWD Board of Directors on: Longmont,Colorado 80504
/cite r7/ 2,9O‘ Telephone: 970-535-6074
I.) Real Estate Description for Agreement("Property"):
Northwest Quarter,Section 21,Township 3 North,Range 68 West,6`"P.M.
2.) Amount of Deposit: $ Not Applicable
3.) Date Customer needs facilities: Not Determined
4.) Number of Northern Colorado Water Conservancy District units transferred to District: Not Determined at this time.
5.) Price per unit of Northern Colorado Water Conservancy District water: N/A
6.) Tap Size: 5/8 x' inches.
7.) Number of taps to be installed: 130
' ) Plat Provided? Yes X No. (Preliminary Plat Currently Being Developed)
9.) Number of new fire hydrants: 22
10.) Fee for hydrants: $ 2,000 Each
LTWD Form 210
(Revised May 1986) Page 2 of 2
W! 'R SUPPLY INFORMATION SUMM.,.,f
Section 30-28-133,Id), 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.
1. NAME OF DEVELOPMENT AS PROPOSED
136/ Y PUD
2. LAND USE ACTION 9//L /2' V/S/ / ? PU;711)el T/// /y,25/V%
3. NAME OF EXISTING PARCEL AS RECORDED H/96/2/7/62/V /Via-2¢;21 7 ,� 7-15,-"Y„
,Y /�13/c 62g
i /2/77
SUBDIVISION FILING BLOCK LOT
4. TOTAL ACREAGE /✓? '7 1 5. NUMBER OF LOTS PROPOSED ,' 7 PLAT MAP ENCLOSED SI.YES
G. PARCEL HISTORY - Please attach copies of deeds, plats or other evidence or documentation.
A. Was parcel recorded with county "'—""""""'"""""•-•prior to June 1, 1972? � YES 0 NO
B. Has the parcel ever been part of a division of land action since June 1, 1972? 0 YES 0(1NO
If yes, describe the previous action
7. LOCATION OF PARCEL - Include a map deliniatinq the project area and tie to a section corner.
114 OF '1 c(✓) 114 SECTION / TOWNSHIP j O/N ❑ S RANGE C c_ ❑ E th-p r�
PRINCIPAL MERIDIAN: L5TH 0 fs.M. 0 UTE 0 COSTILLA
8. PLAT- Location of all wells on propyty must be plotted and permit numbers provided.
Surveyors plat 0 Yes Pk:No If not, scaled hand drawn sketch 0 Yes 0 No
. ESTIMATED WATER REQUIREMENTS- Gallons per Gay or Acre Fear per Veer 10. WATER SUPPLY SOURCE
/22-1,nMSD /.. EUFiLOO/Y>a≥:/VI"�`-tf�il , GCE `�i�U/�tT ❑ EXISTING 0 DEVELOPED
b� u�zE Uhl W 4087-ER0/≥/P/C'r WELLS SPRING El NEW WELLS -
HOUSEHOLD USE p of units GPO reorosm MEMOS (CHECK mo
AF WELL PERMIT NUMBERS ❑Auunu ❑UrrEn 4RLAxOE
C Au OAWSCN ❑LONER AMr&NOE
COMMERCIAL USE # of S.F. GPO AF ❑LOWER cAWam a LAMwE EOX Mrs
G OTHER C DAKOTA
IRRIGATION # of acresc OTHER
GPO AF
STOCK WATERING p of head
GPO AF Q MUNICIPAL
OTHER ❑ ASSOCIATION WATER COURT DECREE CASE NO.
GPO AF 0 COMPANY
TOTAL DISTRICT
GPD AF NAME LI IRE 7-1/017)1211/
LETTER OF COMMITMENT FOR
SERVICE D 0 NO
11. ENGINEER'S WATER SUPPLY REPORT 0 YES 0-fir-IF YES, PLEASE FORWARD WITH THIS FORM. (MS m.y b.required baton our review u compl.ladi
12. TYPE OF SEWAGE DISPOSAL SYSTEM
❑ SEPTIC TANKILEACH FIELD ICI NTRAL SYSTEM • DISTRICT NAME 6/ l7-2H/A7
❑ LAGOON 0 VAULT • LOCATION SEWAGE HAULED TO
L ENGINEERED SYSTEM (Much a cloy at felinarina daipN 0 OTHER
3. 111111 1111 11111 Ilill 1111111 Ili/ 111111 III 1111111E
3351308 12/29/2005 Weld County, CO ' FILED
1 of 2 R 11.OD D 0.000 Steve Moreno Clerk& Recorder �
Weld County, District Court
901 9th Avenue
P.O. Box 2038 FILED 1N
Greeley, CO 80632 COMBINED COURTS
Phone: 970-351-7300 DEC 2 3 '05
IN THE MATTER OF THE INCLUSION OF WELD COUNTY,COLO.
LAND WITHIN THE ST. VRAIN
SANITATION DISTRICT
Court Use Only
Case No. 85 CV 1166
Division 1
COURT ORDER OF INCLUSION
THIS MATTER HAVING COME BEFORE THE COURT and the Court being sufficiently advised
in the premises, FINDS:
1. That a certified copy of the Order of the Board of Directors of the St. Vrain Sanitation
District (District) entered on December 14, 2005, has been filed with the Clerk of this Court
as provided by law wherein certain property therein described was included into the
District.
2. That it appears from the documents and papers on file that the proceedings of the
District with reference to inclusion of such properties into the District were regular and in
accordance with requirements of law. °
NOW, THEREFORE, IT IS ORDERED that the following described properties, situated in the oT
County of Weld, State of Colorado, more fully described as: c
o
Inc
EPC Holdings 669, LLC: The SANBORN ANNEXATION being more particularly described as cc o
the Southwest Quarter of Section 26, Township 3 North, Range 68 West of the 6th P.M., frig
z
County of Weld, State of Colorado. Map recorded March 5, 2004 as Reception No. 3159258.
_Jr
<
�Libe ` roperties, LLLP: The East One-Half of the following described parcel: That portion of L c; ;
the Northwest Quarter of Section 21, Township 3 North, Range 68 West of the 6th P.M., Weld
County, Colorado, more particularly describes as follows: Considering the East line of the .L �
IIIIIIII1111111111111 Illllliiii111111Iii11111III III •
3351308 12/29/2005 04:01P Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder
Northwest Quarter of said Section 21 as bearing South 00 degrees 01' 00" East, and with all
bearings contained herein relative thereto; Beginning at the Northwest Corner of said Section
21; thence along the North line of the Northwest Quarter of said Section 21, North 89
degrees 23' 27" East, 2639.36 feet to the North Quarter Corner of said Section 21; thence
along the East line of said Northwest Quarter, South 00 degrees 01' 00" East, 360.05 feet to
the most Northerly Corner of that certain tract of land as described in Deed recorded in Book
228 at Page 105, records of said Weld County; thence along the Northwesterly and Westerly
lines of said tract the following two (2) courses and distances: (1)South 20 degrees 22' 26"
West, 143.50 feet(records S. 21 degrees 19'W., 143'); (2) South 00 degrees 01' 00"
East, 2158.00 feet to the South line of said Northwest Quarter from which the Center of said
Section 21 bears North 89 degrees 23' 45" East, 50.00 feet; Thence along said South line,
South 89 degrees 23' 45" West, 2591.57 feet to the West Quarter Corner of said Section 21;
thence along the West line of said Northwest Quarter, North 00 degrees 01' 52" East,
2651.04 feet to the Point of Beginning.
be and hereby.are included into the SaintVrain Sanitation District...
DATED: DEC2 3 2n05,
005 acre
Dist Court Judge
/(�
Pursuar..tt P,:;^ ,al.: this document
Certified to be a full,true and correct
copy of the original in my
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23LVU s .tody.
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3351308 12/29/2005 04.O1P Weld County, CO 'PILE
1 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder
Weld County, District Court
901 9th Avenue
P.O. Box 2038 FILED IN
Greeley, CO 80632 COMBINED COURTS
Phone: 970-351-7300 DEC 2 3 '05
IN THE MATTER OF THE INCLUSION OF WELD COUNTY,COLO.
LAND WITHIN THE ST. VRAIN
SANITATION DISTRICT
Court Use Only
Case No. 85 CV 1166
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Division 1
COURT ORDER OF INCLUSION
THIS MATTER HAVING COME BEFORE THE COURT and the Court being sufficiently advised
In the premises, FINDS:
1. That a certified copy of the Order of the Board of Directors of the St. Vrain Sanitation
District (District) entered on December 14, 2005, has been filed with the Clerk of this Court
as provided by law wherein certain property therein described was included into the
District.
2. That It appears from the documents and papers on file that the proceedings of the
District with reference to inclusion of such properties into the District were regular and in v
accordance with requirements of law. o
NOW, THEREFORE, IT IS ORDERED that the following described properties, situated in the
County of Weld, State of Colorado, more fully described as: c CD
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EPC Holdings 669, LLC: The SANBORN ANNEXATION being more particularly described as a:0
the Southwest Quarter of Section 26, Township 3 North, Range 68 West of the 6th P.M., u
County of Weld, State of Colorado. Map recorded March 5, 2004 as Reception No. 3159258. E. 9
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_ Liberty-Properties, LLLP: The East One-Half of the following described parcel: That portion of ii. c•, ;
the Northwest Quarter of Section 21, Township 3 North, Range 68 West of the 6th P.M., Weld ' L
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County, Colorado, more particularly describes as follows: Considering the East line of the
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3351308 12/29/2005 04:01P Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder
Northwest Quarter of said Section 21 as bearing South 00 degrees 01' 00" East, and with all
bearings contained herein relative thereto; Beginning at the Northwest Corner of said Section
21; thence along the North line of the Northwest Quarter of said Section 21, North 89
degrees 23' 27" East, 2639.36 feet to the North Quarter Corner of said Section 21; thence
along the East line of said Northwest Quarter, South 00 degrees 01' 00" East, 360.05 feet to
the most Northerly Corner of that certain tract of land as described in Deed recorded in Book
228 at Page 105, records of said Weld County; thence along the Northwesterly and Westerly
lines of said tract the following two (2) courses and distances: (1) South 20 degrees 22' 26"
West, 143.50 feet(records S. 21 degrees 19' W., 143'); (2) South 00 degrees 01' 00"
East, 2158.00 feet to the South line of said Northwest Quarter from which the Center of said
Section 21 bears North 89 degrees 23' 45" East, 50.00 feet; Thence along said South line,
South 89 degrees 23' 45" West, 2591.57 feet to the West Quarter Corner of said Section 21;
thence along the West line of said Northwest Quarter, North 00 degrees 01' 52" East,
2651.04 feet to the Point of Beginning.
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be andhereby.are included into the,Saint Vrain Sanitation District.
DATED: DEC 2 3 2nf2005 ��?���k
Dist Court Judge
Pursuant 121,:;^•-"',lit document
Certified to be a full,true and correct
copy of the hy�oriigginal in my custody
Dated _..ISL-u-2 3 2-rU1—UR5_
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eld Count , Colorado _
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