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Home My WebLink About20052668.tiff Glacier Page 1 of 1 Michelle Martin From: Lee Morrison Sent: Wednesday, May 11, 2005 1:18 PM To: Michelle Martin Subject: Torgerson OK to accept COZ I will resolve last of water issues Lec D. H Zoos. Assistant Weld County Attorney 915 10th St., PO Box 758 Greeley, CO 80632 (970)356-4000 x 4395: FAX 352 0242 This e-mail contains confidential and/or privileged information.If the reader is not the intended recipient,please reply and delete your copy of this message." • 2005-2668 05/11/2005 WATER SUPPLY INFORMATION SUMMARY Section 30.21.133M). C.R.& resin Sit tlw applast submit to the Canty,Adgew a Sc.I at a was apply Sit is afkeimt is Ms et 6astity.sssity Decd lepadslMly roil ha nib&to me a Spat.mat of water. 1.NAME OF DEVELOPMENT AS PROPOSED TORGERSON SUBDIVISION 2.LAND USE ACTION CHANGE OF ZONE APPLICATION 3. NAME OF EXISTING PARCEL AS RECORDED Part of the S Y of Sec 32, T8N, R66W of the 6't PM, Weld, CO SUBDIVISION NA KIND NA BEOCX NA LOT NA 4.TOTAL ACREAGE 79.12 5.NUMBER OF LOTS PROPOSED 9 RAT MAP ENCLOSED NYES & PARCEL INSTORY•Places stud copies of laic,plots or ether widen or deeweaetnos. A Woo palal rant with meet Paw to Jose 1. 1072? ❑ YES $NO &won the patter mar boon pat if.ariaia ol Sad anion Sc.Auto 1, 19727 ❑ YES X NO N Yes.ramie ion pram action T. LOCATION OF PARCEL•Include o mop deilwtil the esimt s S tie to a mcries ant 114 OF S 114 SECTION 32 TOWNSHIP 8 *NOS RANGE 66 OE ** PRIIgPAL LIERIDMk x 6TH ❑ kM. ❑ UTE O COSTA.A &RAT-Leonia of A Sob a property most be plotted ad pewit roSes paNded, Seeayen st $TN ❑ No N act Nair hand Sawn elsaeh ❑Yes ❑ No t ESTIMATED WATER REOUVIEMENTB_Garr per Dqr w An For per Y w 10.WATER SUPPLY SOURCE ..__ __...._._.._......_____._._.._._.._ *MONO NO ❑ DEVELOPED ; ❑ NEW WELLS- WELL3 SPRINGi rOeA AS•WAR r HOUSEHOLD USE N 9 of omits 3150 GPO AF WEEt PERMIT NUMBERS D SA ❑w.er rasa ❑WPM Stn D IMO Son COMMERCIAL USE N NA of S.E. NA 8PD AF 2245640 MC 0 WA i ❑team 11444 ❑IMAM FIX DIM 0 M IRRIGATION S°0 et Naos NA GPO AF STOCK WATERIB 5 36 of hood 720 GPO AF O MUNICIPAL O ASSOCIATION WATER COURT DECREE CASE NO.'S OTHER _ NA GPO AF ❑ COMPANY t _ TOTAL 3150 R DISTRICT NORTH WELD . DPD AF NAME COUNTY WATER DISTRICT LETTER OF COMMITMENT FOR SERVICE x YES O NO 11. ENGINEER'S WATER SUPPLY REPORT R YES ONO IF YES, PLEASE FORWARD WITH THIS FORM. as wry M ovine War ea reviews aosito) 12. TYPE OF SEWAUE DISPOSAL SYSTEM _.- _ _„_•_,,_. A SEPTIC TANKILEACN FIELD 0 CENTRAL SYSTEM • DISTRICT NAME ❑ LAGOON ❑ VAULT S LOCATION SEWAGE HAULED TO O ENGINEERED SYSTEM Wiwi is copy Af MIS NNW ❑ OTHER Dec 09 04 10: 49a 970 :A? 1816 P. S 1 ;0R9 as.` ./ - PUMP INSTALLATION AND TEST REPORT For oma Use on)y swcu RECEIVED 1004 . STATE OF COLORADO, OFFICE OF THE STATE ENGINEER 1. WELL PERMIT NUMBER 1 I'.?2 lI S{o 9 OS�S7.�2 3 2000 ,_1LLC ('cL S ed-, Wsum:VIGNEERs 2 OWNER NAr::,(5) sure FN co o. Malting hddrws P© � (6f5 City, St.ZIP "Ti mr,a-I'A C O SaCtFf-I Phone RIO ) aat - 4O,q / i a WELL LOCATION AS DRILLED: Svs 1/4 SE 1/4,Sac.31 Twp. g AP Range {,p(.9 We , DISTANCES FROM SEC. ONES: ' 450 ft. from 5 Sec. line. and 15 co ft. from C Sec.line. [norm or wary i0W Or WSSq SUBDIVISION: LOT BLOCK FIUNG(UNIT) . STREET ADDRESS AT WELL LOCATION: 4. PUMP DATA:Type 4`_s/9ene.4i Y/� Installation Completed f—/07 —,2ao- . Pump Manufacturer 67's-U,t,.4 3f Pump Model No.,2 Sa,� -J„? Design GPM 7� at RPM 3r-f ) , HP 4,9 ,,Vottsg3et , Full Load Amps yv . d . Pump Intake Depth_-5—p a r Feet, Drop/Column Pipe Size es,,E,' Inches, Kind .,A1/e., ADDITIONAL INFORMATION FOR PUMPS GREATER THAT 50 GPM: TURBINE DRIVER TYPE: D Electric ❑Engine ❑Other Design Head feet, Number of Stages , Shaft size Inches. 5. OTHER EQUIPMENT: Airline Installed❑Yes O No,Orifice Depth ft. . Monitor Tube Installed ❑Yes D No,Depth It. . Flow Meter Mfg, Meter Serial No. , Meter Readout O Gallons,❑Thousand Gallons,❑Acre feet,❑Beginning.Reading . 6. TEST DATA: 0 Check box if Test data is submitted on Supplemental Form. Date Total Well Depth ‘,...125 Time . ;y-4,'- Static Level 76 ' Rate (GPM) Date Measured '-/d Pumping Lvl. /ra y,- *;,. „0.,eap_462.4 7f., 7. DISINFECTION: Type d Amt. Used / -, 8. Water Quality analysis available.❑Yes [Ii l/ wed E. / _ 9. Remarkr/e s c• /0/.> 4 xi* . -ii7 4.U i 4 4 lc- / eF-r r'ea Fr�2 A�24-k. 10. I have read the statements made herein and know the contents thereof, and that they are true .., my krr o.edge. (Pursuant to Section 24-4-104 (13)(a) GAS., the making of false statements herein constitutes pep,:ry in the second degree and is punishable es a class 1 misdemeanor.]CONTRACTOR 1 .k•\&Q P ) �yr('hone e-10) (p n1 to t..4 Uc. Na[QO� Mailing Address U) E .> Mame/11de (Please type or print) Signature Date u ____i Dec O9 O4 1O: 48a ^ 97O 3 ? 1816 p. 2 • . 113/09/2000 08:09 8675965 DREILING DRILLING PAGE 02 1 • ! dw'461 NOTICE OF INTENT TO CONSTRUCT MONITORING HOLES) RECr_kM.TI .—. wo> Plotae type or pint legibly in black ink �I'�S(��j�� [� ;'n,I \I�lf�) MAR 10 2000 CEU ll�R�-� F li...�. :/ w • 9IATEEIWMEER Wet Owner's Name RIG HANSEN Location: SW 1/4 SE v.,Section 32 . Landownor'r Name SAME Township 8N . Range 68W , 6TH PM • ' Corny 'WFI D Maim Address:(Author:ad btfivia.n/e:OMw) • Subdivision Contact A. GREGORY DREILING Lot .81k ,Pig Coenpanv DREILING DRILI ING COMPANY INC Address P.O. BOX 638 Hofetal to be Constructed: Number 1 City.State,Zip FORT MORGAN, CO 80701 Estanated Depth 600 Ft. Aquifer LARIMIE FOXHILLS NrOoae of Monitoring Hok(s) CHECK WATER Phone 1-800-894-7160 Fax No. 1-87O-867-5965 DUALITY AND QUANTITY • Approximate One of Construction 03-20-00 ij Dialer Uc. No.Of applicable) 1207• Ii Authorized Signature / ur ACKNOWLEDGEMENT FROM STATE ENGINEER'S OFFICE11 FOR OFFICE USE ONLY 37`,103 Mw- Pliocene)RY j •-J ON.____t____ Cur( WO ___V____ mt^ DATE Aciaalbcm a. .C7OO •8A5 MD_ GROUND ELEV USGS MAP A- I CONDITIONS OF MONITORING HOLE ACKNOWLEDGEMENT A COPY OF THE WRITTEN NOTICE OR ACItNOWLEOOEMENT SHALL RE AVA848LE AT THE DRILLING SITE. `::.: _-Love v.c..doi to:h:St::c E pima`:::oeat 3 dry:proe o eons-:e: ,n of --s;G ebatrat-n hetet. ConstNetlon e1 the hornier) mum be completed within 80 days of the date notice was given to the State Engineer. Tasting and/or pumping shell not exceed a tour of 200 haunt unless prier written naprovel le obtained from the State Engineer. Water diverted ready toning.hell rat beeped for beneficial purpose.. The owner of tee holeio)is responsible for obtaining permitlF err complying with ail rules end regulations pertaining to the dioclerga ot.ttride produced during tering. All work men comply with the Water Well Construction Rules,2 CCR 402.2. Minimum construction au nova.mutt be met or • a~fence obtained. WeRConeteuctian end Teat Report. 1GW9-31)mutt be submated to this office by the licensed contractor or.uthertaed indiyioual within 60 days of He'cmnpletlon of the wort. Unitas a WO permit is obtained;the hoist.) om,ot be plugged end.salad within ono III veer efce.eanswction. An Abandonment Repent Dorm GWS-9Pmust•be eubtnftt.d within'00•daya oFOlugging&sealing. The owner or the hotelol oheuld maintain record,of water quality teeting and submit this dots to the Mete Engineer upon request. iI The monkeying hole numb,., owner'.%trumv.name, end hole owner's name end settees moat be provided on all well permit appiicatlon(al,web canstrucnion end abandonment reports. li A monitoring nob can not be convened to a production water well(other than a recovery well)unless the hele or wawa, uriainfly etonatrueted by a Ilcareed well conopuction cornrector. Thu ACX NOWLEOOEMLTIT OF NOTICE DOES NOT INDICATE THAT WELL FERMI-MI CAN IE APPROVED. A Addidonsl Condition. S e € ray Spa li i1 ' COLORADO DIVISION OF WATER RESOURCES-1312 SHERMAN ST-RM 821-DENVER-CO 80203 303-888.3887prAX 303-866-3589 Dec 09 04 10: 48a 970 ?82 1816 P. 3 t Form No. OFFICE OF THE STATE ENGINEER • GWS-25 COLORADO DIVISION OF WATER RESOURCES • 818 Centennial Bldg.,1313 Sherman St.,Denver,Colorado 80203 (303)866-3581 1207 WELL PERMIT NUMBER 224564 _. APPLICANT DIV. 1 WD 3 DES.BASIN MD APPROVED WELL LOCATION WELD COUNTY • RIC HANSEN SW 1/4 SE 1/4 Section 32 % DREILING DRILLING CO INC Township 8 N Range 66 W Sixth P.M. P 0 BOX 638 FORT MORGAN,CO 80701- DISTANCES FROM SECTION LINES 400 Ft.from South Section Line (800)894-716D 1800 Ft, from East Section Line PERMIT TO CONSTRUCT A WELL ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAI 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A)as the only well on a tract of land of 40.00 acres described as the SW 1/4,SE 1/4,Sec.32,Twp.8 N, Rng.66 W,Sixth P.M.,Weld County. 4) The use of ground water from this well is limited to fire protection,ordinary household purposes inside not more than three(3)single family dwellings,the watering of poultry,domestic animals and livestock on a farm or ranch and the irrigation of not mnro than one (1)acre of home gardons end!awn*. 5) The maximum pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. • 8) Monitoring hole notice MH-37903,was acknowledged for construction of a monitoring and observation hole for this applicant,in this 1/4, 1/4,on March 10,2013/,7/Oo y hr APPROVED ,� r JSG • State Engineer MAR 8 00011 By Receipt No.0457885B DATE ISSUED !Y7 2 L !t EXPIRATION DATE MAR 2 8 2002 Dec 09 04 10: 48a „ 970 3R2 1816 p. 4 ^ 7.7.,;;°' / WELL CONSTRUCTION AND I ES STATE OF COLORADO, OFFICE OP THE STATES Fir °°Vee only rorw 1. WELL PERMIT NUMBER aaLlarA4 - O S7�8S,( ECEIVE. 2.OWNER NAME(S) AUG 0 y 2000 Mayng Address .(). (fi x • n City,SLZlp mn�4• Yl n 5t-r_L STATE Phone(Rif)) 2.a.1 - #1Q G 3. WFI lrt,QCATION AS DRILLED: ¶3'J 1/4 SE 1/4.Sec. -21-,.), TWO. $ V ,flange Ls( p 1^_ OtST/WCES FROM SEC. UNES: i-nn R.tin! 5:`:f. rSec. line. and 1%C) ft. from iia`-- Sec.tine. OR �r w SUBDIVISION: LOT BLOCK FIUNG(UNrT) • STREET ADDRESS AT WELL LOCATION: - • 4. GROUND SURFACE ELEVATION ft DRILLNG METHOD mnuxj }RC,{-a-f t . DATE COMPLETED ( . TOTAL DEPTH.l,ly„r� R DEPTH COMPLETED ;1�0aCl n & GEOLOGIIC ��L_.O� Q._: &HOLE pIAM, n.) .From -` -- T Depth DeecdW°n of Matra'(Type,at Color,WehN Landon) (� rP1 165. .Y) �E�, 7. PLAIN CASING � G- 511'1r l� shad u ck-h OD (in) Kind Wail She From(ft) Ton) q `f a-czar, C, "41nt� v.r ,. tin -I fir` t o\1 r , .n �1, en K.s PERF. CASING_ Screen Slot Site: . Can • .._a_ P• V.C. v' ' n lar) fa- B.FILTER PACK 9.PACKER PLACEMENT: Materiel c)i i i Ca Si ici, Type Size Ica -;o Interval anQ-(eQ Dept 1U. GROUTING RECORD; !Material Amount Density Interval Ptacenlent REMARKS: `1P1 4 ' ce.x '� 2n t L .T pr ( `2CR 1 131. rY>r .p I entC ?rap • 11, DISINFECTION: Type K`1 H Amt Used ab c.)...3. 12. AU,TEST DATA: p Check box if Test Data is submitted on Form No. GWS 39 Supplemental Well Test. TESTINQMETHOD Hlrf\t:-k - Static Level lnS"- ft Date/Time measured-1 11 l ..Cr, P:()Li AM Produtttion Ram i- 1 gpm, Pumping level -31 n,(1 ft Data/TIMe measured-II J I1:orZ,4m Test length (hrs.) . Remarks 13. I hen reed**ateramenn mode herein and know**carttMte There&and that they are meta to mi knowledte.(Pursued to S.cdon 244.104'(1 S)(ay C.A3.the ltiekinp d etaism.rrta herein perjury In en second derma and is pun4hehle a.a Su I mltdaneen°r.) CONTRACTOR . re e p,J,-1--mar) Lic.No ),)r;, . Name/Tale (Please type or rtt) onhrc.C- r SI ` a. Date (\\. Cr gnrta r iyI -- i i 9 . ri ' nc. Co.j(rte._ SIRI% • BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON 33247 HIGHWAY 85 • LUCERNE,CO 80646 ROBERT ARNBRECHT CHARLES ACHZIGER DON POSSELT,DISTRICT MANAGER RALPH PRIOR .••••••• JOHN JOHNSON P.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997 e-mail: water@nwcwd.org August 5,2003 Mikal S.Torgerson 223 North College Fort Collins,CO 80524 (970)416-7431 Fax: (970)416-7435 Re: Torgerson PUD North Weld County Water District is able and intends to serve the proposed 9 Lots,located in a portion of the SE'A of Section 32,Township 8 North,Range 66 West,of the 6th Prime Meridian. North Weld County Water District can provide water service to the proposed development from an existing 4" waterline located within the WCR 86 Right-Of-Way. The Developer will be responsible for all costs associated for the District to tap the existing waterline and extend the line into the PUD. It is estimated that it will cost$2,000 for the tap and extending the waterline into the development. The costs associated with water service shall be the current Plant Investment Fee per Lot prior to water being supplied to the subdivision. Phasing of the lots could be approved by the North Weld County Water District Board of Directors. The Water Mains serving the subdivision shall be paid for and constructed by the Developer, according to the District's Standards and Specifications. Raw Water shall be purchased through North Weld County Water District before an individual tap will be set. The Raw Water Cost may be paid by the developer,or by the individual lot owner. Refer to the following Table for the costs of the associated Fees that will be effective April 1,2003. All Fees and Requirements are subject to change without notice,therefore;it is recommended to keep in contact with the District periodically for updated costs and requirements. Fees and Cost Time of Payment Requirements (as of April 1,2003) Off-Site Infrastructure $2,000.00 Before Construction of Water Line Fire Flow Fee $N/A N/A Plant Investment Fee $67,500($7,5,00 per Lot) Date To Be Determined Distance Fee $18,900($300 per mile per Lot) Date To Be Determined Raw Water Requirement $117,000($13,000 per Lot) Before Individual Meters will be Set Meter Set Fees Approx.$7,200(At Cost,per Lot) After Individual Meters have been Set Total Fees Developer Portion Total Cost for 9 Lots $211,600 $87,400 ($23,511 per Lot) ($9,711 per Lot) It is the Developers'responsibility to have the intemal water mains designed by an engineer,and such designed plans shall be approved by the District. When the Developer is ready to proceed,the District and the Developer will enter into a legal Water Service Agreement. If you have any questions,you can contact me at the office(970)356-3020. Alan Overton North Weld County Water District P',\Subdivisions\Torgerson PUD\Intent(08-05-03).doc r.J WATER SUPPLY INFORMATION SUMMARY Sonia 3QIS133Ad1 GILL esquire tat Ss salad era a Si.Cay.•Adepw seldom dst o net nay pat is ancient in ten of spantRY.ousity se dwad.iilly a#M awldh b aft a SWPate seer of weer. 1.NAME OF DEVELOPMENT AS PROPOSED TORGERSON SUBDIVISION 2. LAND USE ACTION CHANGE OF ZONE APPLICATION 3.NAME OF EXISTING PARCEL AS RECORDED Part of the S %of Sec 32, T8N, R66W of the 6"' PM, Weld, CO SUBDIVISION NA FIEG NA BLOCK NA LOT NA 4 TOTAL ACREAGE 79.12 G.MIMRER OF LOTS PROPOSED 9 RAT MAP ENCLOSED km &PARCEL HISTORY•Man stud c of hods,ph s or other e.iam er den ors. A.We peel resdd with aap pie to Jae I. 10727 O YES "NO B.Ha tta pond ova Ism part d o ioida of lad C.n seas Joss 1, 1912P 0 YES ie NB N Ye.MrS to preen wen 7.LOCATION OF PARCEL.hdeda s imp doliotku Ile peep eru ad fie to s action a lµ DES IN SECTION 32 TOWNSHIP 8 *NOS RANGE 66 O E 5 W PRINCIPAL MBIUMAM: S(TN ❑ laM. ❑ LATE ❑ COSTOLA &RAT-Lessen of of a*U a tepee art ho plsttad ad pewit radars panda. Swayers plot $Ye O No Nat sailed had own loth O Ye ❑Ns O.ESIRRATEO WATER REOUIEMENTB.Seat pr[Mirka Fat pa Ya 10. WATER SUPPLY SOURCE *EXISTRM 0 DEVELOPED O NEW WELLS no j NOME MUMS• HOUSEHOLD USE 1 9 d an welts 3150 GP AP WELL PERMIT NUMBERS a a m o a�.s Susie seam s o ere nnr o as COMMERCIAL USE 1 NA d SF. NA GPO AF 224564 I o MBWON WNW o reran g ena IRRIGATION S°0 of sass NA GPD _ AF STUCK WATERED 136 if hesd 720 GPO AF O IUIICPAm t O ASSOCIATION i WATER COURT DECREE CASE NO.'S OTHER - NA GPO AF ❑e COMPANY TOTAL 3150 Gp0 A DISTAIOT NORTH WELD I AF MANE COUNTY WATER DISTRICT' LETTER OF COMMITMENT FOR SERVICE x YES ONO 11. ENGINEER'S WATER SUPPLY REPORT *YES 0 NO IF YES. PLEASE FORWARD WITH THIS FORM.Slek Fay 1.npYM Sp.t min i emoiau 12. TYPE OF SEWAGE DISPOSAL SYSTEM R SEPTIC TANIULEACH FNLD 0 CENTRAL SYSTEM •DISTRICT NAME O LAGOON O VAULT•LOCATION SEWAGE HAULED TO O ENGINEERED SYSTEM mat•ea■aping*soap 0 OTHER 07/21/2005 09:47 970-395-0997 NORTH WELD WATER PAGE 01 • BOARD OF DIRECTORS NORTH WELD COUNTY WATER DISTRICT CHARLES ACHZIGER • 33247 HIGHWAY 85 • LUCERNE, CO 80646 IALPH PRIOR JOHN JOHNSON • DON POSSELT, DISTRICT MANAGER CE BUCK RINEHART rn, NELS NELSON P.O, BOX 56 • PHONE(970)356-3020 • FAX (970)395-0997 www.nwcwd.org e-mail: waterenwcwd.org TRANSMITTAL July 20, 2005 To: Mikal S. Torgerson From: North Weld County Water District 223 North.College P.O. Box 56 Fort Collins,CO 80524 33247 Hwy 85 Lucerne,CO 80646 Re Torgetson Minor Subdivision • • Enclosed is a DRAFT Water Service Agreement for North Weld County Water District to provide water service to the Development. The District assumed that fire flows were not required by the Pierce Fire District. Please look over the documents and if you have any questions give me a call. If everything is. acceptable please forward waterline construction plans to the District for review. The District is • requiring the internal piping system to be designed with restrained joint pipe for bends,tees and • dead ends rather than thrust blocks. Have your engineer contact me before designing the internal waterline to get our current specifications for pipe, services, air releases, hydrants and general . design requirements. This will save a lot of time on the design of the waterline. Once the waterline construction plans are approved the District will execute the Water Service Agreement (which will be needed before final County approval). • I have also enclosed our most recent news letter which contains some general information regarding the current costs for a Tap including the Plant Investment, Mileage, Cash-In-Lieu or Raw Water and the Meter Set Fee(normally around S900 for Subdivisions). Sincerely, Alan Overton North Weld County Water District 07/21/2005 09:47 970-395-0997 NORTH WELD WATER PAGE 02 WATER SERVICE AGREEMENT (TORGERSON MINOR SUBDIVISION -SINGLE SYSTEM) THIS AGREEMENT is made and entered Into as of the day of ,20 by and between the North Weld County Water District,acting by and through the North Weld County Water District Enterprise(hereinafter"District")and Mikal S. Torgerson, (hereinafter "Developer'), of Torgerson Minor Subdivision, (hereinafter"Development"). RECITALS WHEREAS, District Is a statutory special district formed under the laws of the State of Colorado and is a quasi municipal corporation; and WHEREAS,the District Enterprise was created by the iitk,in order to comply with the provisions of Section 20,Article X of the Colorado stltution and Article 45.1 of Title 37 of the Colorado Revised Statutes,as applicab WHEREAS,the District owns, maintains an rtes a sy for the storage of and distribution of potable water within Weld ty dhd Larimer ty, Colorado; and w WHEREAS, the Developer desires to cant i %District for ctain potable water supplies and services for the Development kn ' s Torgerson Minor Subdivision, located in the Part of the outheast Qua d.:: Section 32,Township 8 North, Range 66 West of the 61h Princl� eridian Coun Weld, State of Colorado also known as Lot B of Recorded ExerrIp X2681, Pard55332000038;and WHEREAS, Developer intends tout rim WO more than three residential lots which will require c , of raw wa `and/or p ' ent of cash in lieu of raw water dedication In aerdan ith the term*of this Agreement; NOW,THER - , Irt;. sideration dhie premises and the covenants and agreements hcz, . matter 'by and between the District and Town as follows: , fM �� ARTICLE 1 e WAT SUPPLY/FACILITIES is 1.1 , District 4 II furnish Development a customary supply of water for a total of nine(9)1 , 'vidual gle-Family residential taps("Residential Tap"). The District shall fumi °I( f an acre foot(228,000 gallons)of water per equivalent Tap per annual water ye" if the allotment for Colorado-Big Thompson (CBT)project water, which is determined y the Northern Colorado Water Conservancy District is 50%or greater. Whenever the CBT allotment Is less than 50%for any annual water year, District will reduce or restrict the delivery of the amount of water per equivalent Tap as deemed proper and necessary by District to assure water supplies. 1.2 The water to be furnished by the District shall be potable water,which complies with the Federal Safe Drinking Water Act and any other applicable drinking water regulations. No promise or guarantee of pressure is made by the District or is to be implied from anything contained herein. 1.3 The District shall use reasonable diligence to provide a constant and uninterrupted supply of water, except for interruptions due to: (1)Uncontrollable forces; (2)Operations or devices installed for water system protection; (3)Maintenance,repair, replacement, installation of equipment, or investigation and inspection of the water system,which interruption or reductions are temporary, and in the sole opinion of the District necessary. .P:\Subdivisions\Torg r,on PDD\WSA(07-20-05).doc 07/21/2005 09:47 970-395-0997 NORTH WELD WATER PAGE 03 1.4 The District shall install, own, repair and maintain a meter vault at each individual lot within the Development in which the District shall install equipment as deemed necessary, Including but not limited to meters, reading devices,flow restrictors, etc. 1.5 The District estimates the water supply to have a normal pressure range of fifty(50)to seventy(70)pounds per square Inch(psi). The maximum pressure that will be supplied to any Tap may be as great as ninety(90)psi. Therefore,the Developer(or Lot Owner)agrees to install preventative plumbing devices to restrict and/or release the pressure. Developer and/or Lot Owner releases District from any and all liability or claims that may be made against the District concerning damage from excessive water pressure supplied to the Development,Tap or lot. ARTICLE 2 TAPS, LINES AND FEES .:,,,Sets, . 2.1 The District must approve,In writing, all engl. . and construction plans and materials of all Water Lines within any Devel9 en ^ 'Water Lines leading to the Development. The Developer shall be responsi ce fdt payme ; J the total cost of the construction for Water Lines within the Develo Lot Water L that are necessary to serve the Development)that will a the Taps. "Water s", means all lines which carry water to the meter vault(s) the D lopment w iu;.>' 2.2 From the meter to the structure or loth '§erved with water, water will be delivered through private service lines which are in (ad by the Developer or Lot Owner,and for which the District has? sponsibility o - 'Iffy. 2.3 After the Developer has In ad' . onstruct he Water Lines,the Developer will be required to submit a le r of a Glue of the Water Lines; and after such has bee ved by the ' t, the ict will conditionally accept the Water Lines by is • conditions cceptan ' letter(see Exhibit "A"). Two years after conditi accept of the Wa r Lines,subject to final approval by the District, Developed s edica 'ownership o Water Lines to the District. The Developer may use the i Wakq' Lines to serve the individual Taps, if the District det a A its s , ,)scre"t j) , the existing Water Line may be accessed and has hi aril' gity a s assure to serve the Development. ` a. For all Wei ines &d within the Development's roadway or utility/wa ' easement r Lure• pair of paving or other improved surfaces subsequent • a Initial in eillation of any Water Line shall be the responsibility or the Developer, Ho ners tisociation, or current owner of the Right-Of-Way. The District will repai ' b III the trench to the surface but will not rebuild any surface improvements, incl but not limited to pavement, curb and gutter, sidewalk, or landscaping other t grasses. 2.5 No water service will be provided to any water Tap within the Development until all fees, expenses and charges as determined by the District have been paid and/or raw water dedicated. The fees, charges and expenses, and/or water dedication shall be as determined and defined by the District and based upon such fees, charges and expenses, and water dedication requirements then in effect. Developer understands that the amount due for such fees, charges and expenses, and/or water dedication are subject to change or modification at the sole discretion of District. 2.6 Pursuant to this Agreement, the fees,expenses and charges for a water Tap consist of: (1) Review& Inspection Fee as provided in Paragraph 2.8; P-\Subdi%tione\Torger,on PUD\WSA(07-20-05).doc 07/21/2005 09:47 970-395-0997 NORTH WELD WATER PAGE 04 (2) Infrastructure Enhancement Fee as determined in Paragraph 2.9; (3) Plant Investment Fee as provided in Paragraph 2.10; (4) Mileage Charge pursuant to Paragraph 2.11;and (5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.12; (6) Raw Water Storage Fee as provided in Paragraph 2.12.2;and (7) Meter Fee as provided pursuant to Paragraph 2.15. 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 providing water service to any Tap within the Development. Except as provided in 6.1, if the total fees, expenses and charges are not ,.all prior fees, expenses and charges paid by the Developer for any improv ents$bade by the Developer shall be considered as forfeited to the District ated damages as accurate calculation and determination of damages wo ,''not ssible. 2.7 The Raw Water or Cash in Lieu Fee n*estment% , and Mileage Charge must be completed and fulfilled jointly 're the District provi ny water service. Once these fees have been paid or leted, Developer o wner will then have one(1)year to pay for and have the set plan installatio f the meter,or,after one(1)year of payment of these re d fees,the District shall commence billing the Developer or t Owner a Mini ,Monthly Charge in accordance with the policies the Dist .then in effect. tittilinimum Monthly Charge shall apply whether or not any water i5 rough the T � k7. 2.8 The District will be expendi res rgiiew and inspection of the Development including limited to peering r Water Line inspection, surveying, bacteriolo ,and pres' testing'bf the Water Line constructed for the development. ,cevelo will be reed to reimburse the District for such '.D expenses and she'll own `The "Review 'inspection Fee". The Review and Inspection Fee shall be ) d by tl District,and for this Development said fee shall b of$2, 00. .A �'1this payment determined to be$1800°of said Fe be y th veloper on May 17,2005,the remainder$2,470.0°of said F be made pn corn ent of construction of Water Lines that will serve theiE ment, or the' once ny building permit,whichever occurs earliest. The Rev , nd Inspect' ' ee, at established in this Paragraph 2.8 is non-refundable. `Yi, 4F 2.9 xpistrict y be constructing substantial Infrastructure, Including but not limited to co o0.the existing waterline located in the WCR 86 Right-Of-Way and installation of i ' i1$n valve(s)to the Development. A portion of these enhancements will attributable to the Development and an "Infrastructure Enhancement Fee"will be charged to the Developer. The Infrastructure Enhancement Fee shall be solely determined by the District, and for this Development said fee shall be the sum of$2,7750°. A portion of this payment determined to be$175.0°of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder$2,600.°°of said Fee be made prior to commencement of construction of Water Lines that will serve the Development, or the issuance of any building permit,whichever occurs earliest. The Infrastructure Enhancement Fee,as established in this Paragraph 2.9 is non-refundable. 2.10 The Developer or Lot Owner will be responsible for making payment of the "Plant Investment Fee". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter,whichever occurs earliest. All Plant Investment Fees paid shall be in accordance with the Plant Investment Fee as established by the District and in effect at the time of the payment. No portion of the Plant Investment Fee shall be returned or refunded once established pursuant to this P:\Subdivieione\Torpe,eon PUO\WSA(07-20.0).doe 07/21/2005 09:47 970-395-0997 NORTH WELD WATER PAGE 05 Agreement and the Development is approved by Weld County,even if the number of lots and/or Taps in the Development Is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number Initially established in Paragraph 1.1, Developer will pay the Plant Investment Fee for each new Tap within the Development at the rate for Plant Investment Fees then in effect. 2.11 The Developer or Lot Owner will be responsible for making payment of the "Mileage Charge". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter,whichever occurs earliest. All Mileage Charges paid shall be in accordance with the Mileage Charge as established by the District and in effect at the time of the payment. No portion of the Mileage Charge shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County,even if the number of lots and/or Taps in the Development is later decreased or unsold. However, If the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Develo er will pay the Mileage Charge for each new Tap within the Development at t for Mileage Charge then in effect. !s ": 2.12 The "Raw Water or Cash In Lieu Fee" re em this Development shall be met by payment of"Cash in Lieu". The Deer or Lo er will be responsible for making payment of this fee. Said t shall be' a prior to the issuance of any building permit or the setting of �Gvater meter,whiche ccurs earliest. All Cash In Lieu Fees paid shall be)fJ.y p„cordanea with the Cas 'Su Fee as established by the District and in effect at the tin ay st. . 2.12.1 At the sole discretion of District,the Di4, ,may allow the Developer to dedicate Raw Water to fulfill the raw S 1 requirement. raw water requirement for a Residential Tap being a single family; e e on one( all be the dedication of at least one(1)Unit of Colorado Big 0 BT)proj water per Tap, or at least one(1)share of North Poudre brig n Jr )stock for every four(4) residential Taps. „ 4,4 ' 2.12,2 In a 'on to the ' edication ofiee Raw Water,the Developer shall be lea responsible for a •• ter S . •a a Fee as (mined by District. The Raw Water Storage Fee shall be ap of. ach U.q)tof CBT or four times per share of NPIC that is dedi a Di The' • ter Storage Fee payment shall be made in conjun with cati the Raw Water. 4•. The Deve shall' ivide the District with security, as deemed acceptaLiv4 " ,District, to . 'ure the installation and warranty of Water Lines within the Developme ring the te,' ear conditional acceptance period. Said security shall cover 25%of" sts for r4nstruction of said Water Lines,which shall be released at the expiration of Saar warranty period and upon full acceptance of the Water Lines by the Distric a type of security to be accepted shall be at the sole discretion of the District,which ill normally be a letter of credit,certificate of deposit, or bond. 2.14 During the two-year conditional acceptance period,the Developer will be responsible for any repairs or maintenance of the Development Water Line improvements. All such repairs and/or maintenance shall be in accordance with the District policies and engineering requirements, and shall be reviewed and approved by the District prior to any repairs or maintenance being effected except in emergency situations. 2.15 Prior to a meter being set and water service being provided at or for any Tap,the Developer or parcel owner shall be required to complete the District's Tap application form, pay the Meter Fee,and pay any remaining fees,expenses and charges, if any, in accordance with the policies and procedures of the District at the time of any Tap application, or any other expenses or costs that may be incurred by the District in relation to the Development. .P:\Subdivissione\TorRcnon PUD\W SA(07-20-05).dot 07/21/2005 09:47 970-395-0997 NORTH WELD WATER PAGE 06 r ARTICLE 3 FIRE PROTECTION 3.1 Fire protection is a basic provision required for development activities in the Weld County for which this Development is to be constructed. The Development may be located within an established fire protection district("FPD")which has its own policies, procedures and requirements concerning fire protection which may be in addition to or supplement any requirements imposed by the Weld County. Developer understands that District is not responsible for compliance with any such FPD or Weld County requirements and such requirements are the sole responsibility of Developer, FPD and/or Weld 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, Di ` will'permit Developer to install certain fire protection Infrastructure pursuant tot " ision of this Article 3 and any other provisions or requirements deemed nec ,: ry strict, In its sole discretion. `< A 3.3 Developer shall provide to the Dis , FPD and Weld et' plans and specifications for fire protection infrastnrctur ding b not limited to n and size of Water Lines to serve fire hydrants("tire 'ties" Said plans sh 'be in accordance with any specifications and requireme blisfied by District,Weld County and/or FPD. 3.4 Upon final approval of tF d design b rict,Weld County and FPD, Developer shall be responsible fo sta' a,,pf the sa0 including all costs incurred by District to review plans, insta tlon a k,,.. do of the same by District. Upon approval of the in ' n of all suc faciliti 9 District, Weld County and FPD, District will ther me the res risibility of effecting maintenance and repairs of such fac but Di t will be co pensated for such maintenance and repairs, in perpetdity, '' evel' r or Homeofs Association in the Development. Additionally, responsibi mainf nance and repairs shall become a part of covenan with ' 'tie &SW rid property within the Development,and • which s 'Cons rst rior lien upon all lots and property in said Deve ent. fir 3. ?` s addition nslderation for this Agreement, Developer understand that District has nd will no erform any independent review or analysis of the adequacy of any fire fadi ' Acco ugly, Developer releases District from any and all liability or claims of any ty at„ `Id be made against the District, including but not limited to water pressure, line' lack of water, maintenance, volume or velocity of flow, or any other item related to; re facilities in the Development. 3.6 All final approvals of this Development must make reference to the responsibility of the Developer or Homeowners Association concerning expenses of maintenance and repairs for the fire facilities pursuant to Paragraph 3.4. ARTICLE 4 EASEMENTS AND RIGHTS-OF-WAY 4.1 As additional consideration for this Water Service Agreement, Developer agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations,widths, size of pipeline(s)and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement, and until such Easement and Right-of- Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. .P:\Subdivisionetoreenon PUD\WSA(07-20-05)doe 07/21/2005 09:47 970-395-0997 NORTH WELD WATER PAGE 07 4.2 Additionally, any final development plat must be reviewed and approved by District as to all aspects of Easements and Rights-of-Way for water facilities, pipelines and fire facilities. All such items must be dedicated for public use and District must approve the final plat. ARTICLE 5 DUAL WATER(IRRIGATION)SYSTEM 5.1 This Agreement is for a single system water service which means that one (1)system provides water for all water usage within Torgerson Minor Subdivision. Neither the Developer or any Lot Owner will construct, install or use a secondary or alternative water system within Torgerson Minor Subdivision without an amendment to this Agreement to Insure proper installation,use and connection f a dual water system. For any breach of this provision, District shall have the right to . tlnue water service to the entire Development until an amendment to this Agree t has been finalized by the District, Developer and/or all Lot Owners. ,� s. '% ,b ARTICLE 6 -<; MISCELLA US e y. M,tew6.1 This Agreement is conditional as t '``' al pl the Develop went has not yet been approved by Weld County. If the final p� roved on or efore the 1st day of August,2007 this Agreem t can then be t` ' ated by Developer and the same shall be considered null and v otwithstandin ` language to the contrary, Developer shall be entitled to a refund '- , f costs and ,ses paid pursuant to 4f r Article 2.10, 2.11 and 2.12 if such refun 's A' within a (1)year of the payment made to the District. The 2% r ntfo,�t, .4AW&t shall be considered as administrative expenses r any portio , osts or? . enses the Developer incurred pursuant to Articles and 2.15 stq not be dhtitled to a refund of any amount. 3 ii 'ir 6.2 This Agra tAthtetske assiaded by Developer without the express written app( ;pstn .; This Ag ` ent s wive to and be binding upon the parties hereto and then executors, p al re "gentatives, successors and assigns. w .PASubdivis ions nprgenon PUD\WSA(07-20-05)d« 07/21/2005 09:47 970-395-0997 NORTH WELD WATER PAGE 00 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first above written. DEVELOPER: By: By: DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT sa By By: Secretary President ''+a,yf Arkk. STATE OF COLORADO ) \-• • ilk •, ss. COUNTY OF ) 'F, The foregoing instrument wasl ed before , Tfs day of ,20 by . b Developer. d, " y�14%Witness .;ess my h al seal. , ,‘-,,q,,,,4,0 �. My commiS�sio res:gg�.S' <�wE, J` q u,. • 1, Notary Public STATE OF ORADO , 4:. , ss. COUNTY OF W av: ) The foregoing,1hstrument was acknowledged before me this day of ,20 , by as President and as Secretary of North Weld County Water District. Witness my hand and official seal. My commission expires: Notary Public r,, P'Subdivisiom\Taxman PUD\WSA(07-20-051.doe r a�2 frv>'1 f 'l!s ccyrcy° e-� rt IS Cpdecj, uu ( � whc 1 e ecs-et rI T jrv\r,cef wa f' SOrte, c (TiteryersoV1 chcufcs The Vve tire cu /� dOrS not 5ryh Uhl ( Q1[( a y,� p /1 o Yo4ck V J' Hello