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HomeMy WebLinkAbout20061437.tiff MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, April 27, 2006 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th Street, Greeley, Colorado. Members Present: Don Posselt, Doug Melby, Ted Ely, Robert Fleck, Jerry Adams, Don Magnuson Also Present: Jacqueline Hatch, Kim Ogle, Brad Mueller The following cases will be heard: CASE NUMBER: MF-1069 APPLICANT: David & Susanne Schwind PLANNER: Jacqueline Hatch LEGAL DESCRIPTION: Lot A of RE-2651; being part NW4 of Section 4, T3N, R68W of the 6th P.M.,Weld County, Colorado. REQUEST: Minor Subdivision Final plat for 4 residential lots, The Highlands, with Estate Zoning. LOCATION: East of and adjacent to CR 5; south of and adjacent to CR 38. Jacqueline Hatch, Department of Planning Services presented case MF-1069. This case was originally heard on March 23, 2006. the recommendation was to have the easements outside of the right-of-way along the main entrance. Mr. Schwind has asked the easement be located in the right-of-way. David Schwind added he has met with a county engineer, Mr. Schei, and asked about utility easement located in Highlands Court. The road is dedicated to county but is privately maintained. There is a 60 foot right-of-way with a 26 foot gravel surface. On either side there is a 17 foot barrow pit/open space. He would like to have the board reconsider the easement to be located in the open area. It would be located inside the right-of-way but outside the gravel area. This will never be developed into a road. The problem is the right-of-way outside of the road easement encumbers the lots more. The intent is to landscape along the fences in the lots. Mr. Schwind indicated Mr. Schei and Mr. Hein indicated that would be fine. Don Summer indicated Mr. Schwind should speak with Mr. Barker since this is dedicated to the public the utility companies have the right to put the utilities in the 60 right-of-way. If there is an easement it is a conflict. An easement on top or right-of-way will not work. Mr. Schwind stated there is an easement in the right-of-way. Mr. Sommer stated there is a right to put the utilities there. There is no easement. The easement is to protect the utility companies. Those companies do not want to be in right-of-way, they do not like to move the lines at the companies cost. Mr. Schwind stated he looked at this from a practicality standpoint. The chance of this being anything more than private driveway is very little. The utilities will be buried and out of the way. Mr. Somer stated the county can ask for easements out of the right-of-way. Utility companies prefer to have the easements. Those companies do not like to tear up landscaping and will bore the lines if they have to adverse to paying to replace it. Mr. Schwind stated it would be easier if they were in the open space for construction and maintenance purposes. Mr. Barker would be the one to have the final say. Jerry Adams asked if there was a setback requirement. Ms. Hatch stated there are building envelopes on the plat of about 20 feet. The easements are in the setback area. Mr. Adams added that if the easement was separate it would still be in the setback so there would not be any encumbrances. There can still be a fence places on the property lines. The utility companies would rather not have to use the open space but have an easement. 2006-1437 Jerry Adams indicated he would still prefer to have a 15 foot utility easement outside of road right-of-way. Ms. Hatch stated utility easements on each side of lot lines and other easements were asked for and agreed upon. The applicant had concerns with the road right-of-way and easement. Mr. Schwind indicated he thought it made more sense to have it in an area that was already open. Mr. Adams added that the utility companies are not required to use the easement. Don Possalt indicated they would put it in the open space/barrow pit since they are deep enough. They do not want to move the lines. At some time the future owners may petition to have it maintained by the county. Don Sommer moved approve this case with the 15 foot easement on the outside of the right-of- way. Robert Fleck seconded. Motion carried. APPLICANT: Tammi Norcutt and Ricky Lauridsen CASE#: 2ndRS-1073 REQUEST: Resubdivision for the Vacation of Road, Street or Alley Right of Way. Vacate the northern portion of Deere Road in Petersburg Minor Subdivision. LEGAL: Deere Road located within Petersburg Minor Subdivision Pt. Section 9, T1 N, R68W of the 6th P.M., Weld County, CO LOCATION: North of CR 10; and approximately 'A mile west of CR 7. Jacqueline Hatch, Department of Planning Services, presented case 2nd RS-1073. This is a vacation of the northern portion of Deere Road. Lots 1 &2 were changed in a previous amendment but the utility easements were not. The easements are currently located along the old lot lines. In addition to vacating the road the utilities need to reflect the new lot lines. Department of Planning Services would like to have the easements in compliance with the Weld County Code. This outlines the fact they easement shall follow the interior lot lines and out lots. Jerry Adams asked for clarification on the easements being requested. Department of Planning Services is recommending the easements be shown on the plat in compliance with the Weld County Code. Mr. Adams indicated the plat does not delineate a 20 foot perimeter easements on lot one nor the 10 foot side lot lines for the portion between Lots one and two. The lot line between the two lots follows the ditch. There is currently no right of way called out for the ditch. They need to know if there is existing right-of-way. Ms. Hatch stated that all previous plats do not call out a right of way it has been just called out as a center line of a community ditch. Mr. Sommer stated it was prescriptive rights and there is no easement. Don Magnuson stated he would like the width identified. The utility easements will need to be identified outside of the ditch right of way. This will assist in the possible impact on the ditch. Jerry Adams indicated there needs to be a definition of the existing ditch easement width, 10 foot one each side of the lot lines and a 20 foot perimeter utility on west edge of lot one. Don Somer moved to approve. Ted Ely seconded. Motion carried. Respectfully submitted, Voneen Macklin Secretary MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, March 23, 2006 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918 10th Street, Greeley, Colorado. Members Present: Don Posselt, Doug Melby, Robert Fleck, Don Carroll Also Present: Kim Ogle, Jacqueline Hatch, Brad Mueller, Sheri Lockman, Ted Eyl, Jesse Hein. CASE NUMBER: PF-1089 APPLICANT: MBM Enterprises LLC PLANNER: Kim Ogle LEGAL DESCRIPTION Lot B of RE-3006; part NE4 of Section 19, T6N, R66W of the 6th P.M., Weld County, Colorado. REQUEST: PUD Change of Zone for Nine (9) Estate Lots and 0.16 acres of open space (Sierra Acres PUD) in the A(Agricultural)Zone. LOCATION: West of and adjacent to CR 27; south of and adjacent to State Hwy 392. Kim Ogle, Department of Planning Services, presented Case PF-1089. There are two non-buildable outlots. Access is from CR 27 which is a paved road. Greeley#2 Canal bisects the property to the south, irrigation to the north bisect the residential units from outlot one. Each lot has a primary and secondary leach field for septic systems. There are 20 foot perimeter easements, 10 foot side lot line easements, 50 foot irrigation easement along the north irrigation line and right-of-way along the Greeley#2. Todd Hodges, representative for the applicant, added that the agricultural outlots contain standard uses. Should those develop further there would need to be a additional processes. There are the typical easements for perimeter, right-of-way and property lines. Doug Melby asked if the existing holding tank was part of this proposal. Mr. Hodges stated there is a tank on the Southeastern section north of the Greeley#2 and it has a 200 foot radius. With the Estate Zoning the setback is 200 feet from oil and gas facilities per county code. Robert Fleck asked where the closest waste water treatment facility was. Mr. Hodges stated it was in Windsor and it is approximately six miles from this site. Mr. Hodges added there is a future line north that will come from Severance to tie into Windsor. Mr. Ogle added it is the old Great Western RR line from Windsor to the north east. This proposed sewer line is approximately four miles from the site. Don Posselt moved to accept. Doug Melby seconded. Motion carried. CASE NUMBER: MF-1069 APPLICANT: David &Susanne Schwind PLANNER: Jacqueline Hatch LEGAL DESCRIPTION Lot A of RE-2651; being part NW4 of Section 4, T3N, R68W of the 6th P.M., Weld County, Colorado. REQUEST: Minor Subdivision Final plat for 4 residential lots, The Highlands, with Estate Zoning. LOCATION: East of and adjacent to CR 5; south of and adjacent to CR 38. Jacqueline Hatch, Department of Planning Services, presented MF-1069. The utilities will be provided by Little Thompson, septic systems, Excel Energy, United Power and Qwest. The plat shows a 15 foot gas easement running parallel with CR 5 as well as a 30 foot prescriptive easement for the Ish Ditch that runs parallel with CR 38. The Department of Planning Services is recommending that the applicant provide a utility easement on the front, rear and side lot lines as per Section 24-7-60 of the Weld County Code. The plat currently shows 12 foot utility easement on Highland Court and staff has requested this to be 15 feet. Don Carroll asked about the Highland Court being 60 feet of public right-of-way and the additional 15 feet should be located outside the 60 foot easement not internal. The perimeter easement needs to be 20 foot, the lot line easements shall be 10 foot on either side. Ms. Hatch asked if the 20 foot would be additional to the 15 foot gas easement on CR 5 for a total of 35 feet. Mr. Carroll asked if the gas easement were prescriptive or not. The additional easement would be better either behind or incorporated depending on the existing gas easement. r-. Don Carroll stated that the easement needs to fit the typical pattern of easements per Section 24-7-60 of the Weld County Code. Jesse Hein, Public Works, added there were some easements discussed with himself and the applicant and those have been accommodated on the plat drawings. Robert Fleck moved to approve. Doug Melby seconded. Motion carried. CASE NUMBER: AmPF-354 APPLICANT: James & Cheri Scott PLANNER: Brad Mueller LEGAL DESCRIPTION: Part of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: Replat and subdivision of Lot 7, Shiloh Estates into four lots, three additional lots, located in the Shiloh Estates PUD Zone District. LOCATION: North of CR 72 off of Cornerstone Way within Shiloh Estates subdivision which is located between the Towns of Windsor and Severance. Brad Mueller, Department of Planning Services, presented Case AmPF-254. There is a 60 foot access utility and drainage for the main access into the site. There is a 15 foot drainage and utility easement adjacent to this. The lot lines have 10 foot easements on both sides. There is an outlot A that contains a 20 foot utility and drainage easement. The northwest corner of the property contains an easement for an existing water line. Brad Mueller added that one of the unique features is the lot lines come to the center of the roadways and an easement placed over those lot lines. This will keep the plat consistent with the approved Shiloh Estates Subdivision. These are access easements over private lots. Don Carroll indicated there are a couple of things. The first concern is with the inconsistency with the entrance onto Cornerstone Court and whether more can be asked for. Mr. Mueller stated that was outside the scope of this application and was in existence. Mr. Carroll added the difference in the labeling on the plat for the 20 utility easement being a 20 foot utility, drainage, irrigation, maintenance, riding, biking, jogging and walking. The board was agreeable with this with the understanding that there will be utility uses. Don Posselt moved to approved. Doug Melby seconded. Motion carried. CASE NUMBER: PF-1093 APPLICANT: Terra Firma Ventures LLC PLANNER: Sheri Lockman LEGAL DESCRIPTION Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. REQUEST: A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses. LOCATION: East of and adjacent to CR 15 and south of and adjacent to CR 86. Sheri lockman, Department of Planning Services, presented Case PF-1093. Utilities will be provided by North Weld Water District, Excel Energy, Qwest and Poudre Valley REA. The septic systems will be designed to connect to Boxelder Sanitation. Don Carroll asked about the 10 foot easement along Tract A& C and questioned whether the front line easement is adjacent to the public right-of-way. Ms. Lockman stated she had not spoken with the applicant regarding that location but had spoken with them regarding the 10 foot on Lot 1 and Lot 9. Mr. Carroll stated that utilities will need to run across Tract A since there is no designated easement along the road right-of-way. Mr. Carroll stated the easement needs to be adjacent and a note can be placed on the plat stating the outlots can be used for utilities. Ms. Lockman added the applicant would rather have the easements kept out of the tracts and be kept in the lots due to the drainage facilities. Mr. Posselt added there is irrigation along the road that leaves no room for an easement. There is not much room along CR 15 for easements. Mr. Carroll stated there needs to be some connectivity along Tract A to be able to get internal. The request is a 20 foot easement on the south end of Tract A. The easements between Tract A and Lot 1 and between Tract C and Lot 9 need to be 15 foot. Robert Fleck asked if there needed to be an easement included in Tract B in case utilities need to cross there. Mr. Posselt stated there needs to be something on the island or the utility will need to go around. Mr. Fleck suggested the proposed 15 foot easement be continuous from Tract A through Tract B to Tract C. Sheri Lockman summarized the suggested changes to be a 20 foot easement extending from the county road right-of-way to Lot 9 on the north side of Tract C, 20 foot easement on the south end of Tract A to Lot 1, west side of Lot 1 & Lot 9 the easement shall be 15 foot and the 15 foot easement shall be extended through Tract B. Robert Fleck moved to approve. Don Posselt seconded. Motion carried. CASE NUMBER: PF-1087 APPLICANT: Ed Orr PLANNER: Sheri Lockman LEGAL DESCRIPTION Lot B of RE-3181; Pt W2NW4 of Section 30, T6N, R66W of the 6t"P.M., Weld County, Colorado REQUEST: PUD Final Plan for nine (9) residential lots with Estate Zone Uses LOCATION: North of and adjacent to CR 62 '/%; approximately 1/4 mile east of CR 23 Y. Sheri Lockman, Department of Planning Services, presented Case PF-1087. The utilities will be provided by North Weld Water District, septic systems, Atmos Energy, Excel Energy and Qwest. Don Carroll asked about outlot B. Mr. Casseday stated that was an open space buffer to the railroad. The applicant intends to landscape the area along with the extended easements for future uses. This easement request was made by North Weld County Water District. Mr. Carroll asked if there were any issues with the north lot line easement is it satisfactory within lots 5 & 6. Mr. Posselt indicated the utilities will be coming in from the north. Mr. Casseday indicated there will be no structures in open space B. Sheri Lockman stated that between Lot 1 and outlot 1 as well as Lot 9 and Open Space A there is only a 10 foot easement. Mr. Carroll stated that 10 foot is narrow so the suggestion is 15 feet along the front. Mr. Casseday stated they could change it to 15 feet or put a 10 foot easement in the open space for a total of 20 feet. Mr. Carroll indicated another option would be to include a comment on the plat that some of the open space could be utilized as a utility easement. Mr. Posselt stated that the outlot with this note would allow for utility crossing at any location. A 10 foot easement would be better suited for the area. Sheri Lockman indicated a need to modify the easements to ensure the bus shelter is not located on the easement. Staff and the applicant are willing to address this. Don Carroll indicated the only modification is to adjust the 10 foot utility 15 foot along the south side of Lot 1 and Lot 9. Don Posselt moved to approve. Doug Melby seconded. Motion carried. UTILITY BOARD BYLAWS Kim Ogle, Department of Planning Services, provided clarification on the language with regards to north and south hearing locations. Staff has determined it better to add that language now in case there is a need in the future for a south Utility Board. This will allow for a north and south utility board. Doug Melby recommended some grammatical corrections. Respectfully submitted,Qklin Agreement for Water Extensions • This Agreement.made and entered into this 76 day of OCM:Y(4 .200 ,by and between LITTLE THOMPSON WATER DISTRICT,hereinafter called the"District"and Lift � C SG 7" P17.7�6�D • 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. 13. 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 he 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 he 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. 0. 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. 12. In the even that construction of the water mains is not completed 1w the Customer or the Customer's contractor on or before^_ rears tiom the date of this Agreement, :hen this Agreement shall become null and void. In such event, the District may set otf 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 dll expense incurred by the District in excess of such deposit. TWD Form IIIft Itot'ucd May 1486) ''u^e cf2 13. (Delete if inapplicable.) In order to off set the cost of water to supply the property herein described- 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. IT. The District agrees to allow installation of the number of taps hereinafter provided within the above-described property. and each tap shall not exceed b; 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 he 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. §33-1-i001(t)(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,attomey 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. aaO?M71/r / ) r ') S/7i�bMER � BY: BY� 2 d'✓Lr�`''.Mailing Address: / 7,rc /J 7 Ratified f, by LTWD W Board of Directors on: o� /G9� va' �1 j �- f%� Telephone: 3 7t 7/, 7 I.) Real Estate Description for Agreement("Property"): 2.) Amount of Deposit: $ N//} 3.1 Date Customer needs facilities: h!4 4.) Number of Northern Colorado Water Conversancy District units transferred to District: • 5.) Price per unit of Northern Colorado Water Conservancy District water: • O.) Tap Size: 5/8 x 3.4 inches. 7.) Number of taps to be installed: 3 S.) Plat Provided? V Yes No 9.) Number of new fire hydrants: I0.) Fee for hydrants: S ?L�OO :I''VD fnrnt-10 ki2avisea May 0861 Page=of The Highlands Subdivision will have"Septic Systems" for each Lot. They will be installed at the time of building each home. They will meet all requirements of the Weld County Health Department. They will be designed according to soil reports conducted for each lot at the time of building. They will be build in the envelopes provided for in the Final Plat. ° PUBLIC SERVICE COMPANY OF COLORADO'" A NEW CENTURY ENERGIES COMPANY 2655 N. 63 rd Street Boulder, CO 80301 September 22,2005 David Schwind 17900 WCR 5 Berthoud, CO 80513 RE: WILL SERVE LETTER FOR THE HIGHLANDS MINOR SUBDIVSION WELD COUNTY AT SE CORNER OF WCR 5 AND WCR 38. Dear Customer: Thank you for your recent request for information regarding the above address in Berthoud,CO for a gas distribution extension. At Public Service Company,we are once again, excited to have the opportunity to work with you on this project and partner with you to its successful completion. Public Service Company's corporate goals are to provide consistency in customer service relative to Reliability, Safety,Value and Price(RSVP). We are confident that you will fund our services and experience of value to your project. The Company's rates are competitive with other utilities,and our construction is of the highest quality ensuring safe and reliable service for the years to come. Xcel Energy will provide gas service for 4 lots, 1 existing and 3 new in The Highlands,Berthoud,CO 80513. I will be your primary contact at Public Service Company and may be reached at 303-938-2287 or faxed at 303-938-2292. My business hours are from 6:30 a.m.until 3:00 p.m.,Monday through Friday. You may also e-mail me at Nicolette.McManigal@xcelenergy.com Xcel Energy is excited to provide gas service to your job site. Sincerely, Nicci McManigal,Planner 303-983-2287 XCEL Energy INIT- D 1,0 UNITED POWER, INC. P.O. Box 929, Brighton, CO 80601 • Telephone: 303-659-0551 • 1-800-468-8809 Fax: 303-659-2172 • http://www.unitedpower.com January 6, 2006 Mr. Dave Schwind 17900 Cnty Rd 5 Berthoud, CO 80513 Dear Schwind: United Power is ready, willing, and able to provide electric service to the proposed four-lot subdivision located at Weld County Road 5 and Weld County Road 38. Service will be provided according to the rules, regulations, and policies in effect by United Power at the time service is requested. We look forward to this opportunity to provide electric service. If you have any questions, please give me a call at 303-637-1254. Sincerely, UNITED POWER,INC. af-thild Bill Meier I-25 District Representative BM:jh enclosures Your Touchstone Energy' Partner ?Or- Hello