HomeMy WebLinkAbout20071353.tiff •
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Chris Gathman
From: Bruce Barker
Sent: Wednesday, January 31, 2007 11:20 AM
To: Chris Gathman
Subject: Owl Creek Run PUD
Chris: I noticed after looking through one of my stacks of stuff that you had sent to me a water agreement for Owl
Creek PUD. Its the same agreement form from North Weld as the one I looked at previously this morning for
Sunset Development PUD. My comments really are the same. They are:
All of these North Weld agreements require the applicant to get approved construction plans and to pay all of the
fees pursuant to Article 2. So, although the agreement promises to provide taps and service, it is still contingent
upon certain things. Seems to me that those things need to be done prior to the plat being recorded. Check with
Kim if we have done that in the past. Otherwise, the agreement looks good.
Bruce.
2007-1353
01/31/2007
1/23/07
Bruce Barker
Weld County Attorney
915 10`" Street
Greeley, CO 80632
Bruce,
I am currently at the submittal stage for Change of Zone (COZ) for a Weld
County subdivision called Sunset Development PUD. (Weld County Planning# PK-
1120). Enclosed is a copy of the proposed water service agreement contract between the
North Weld Water District and my clients, Willard G. and Linda Owens. Chris Gathman,
Weld County Planning, informed me during our pre-application meeting that a copy of
this proposed contract needs to be approved by your office. Please inform me of your
decision through regular mail or notify me through e-mail at your earliest convenience.
Mailing Address
Dave Shoup Consulting
1060 Milano Point#1123
Colorado Springs, CO 80921
E-mail Address
fourshoups(dmsn.com
Also, Chris Gathman, Weld County Planning, is requesting notification from you via e-
mail.
If you have questions or concerns I can answer for you, feel free to call me at:
719-488-1504 (land) or
970-231-4757 (cell)
Thank you in advance for your attention in this matter!
ii / /L4 123-v 7
Dave Shoup, gr., David/L. Shoup Consulting Date
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BOARD OF DIRECTORS
Ii NORTH WELD COUNTY WATER DISTRICT
CHARLES ACHZIGER 33247 HIGHWAY 85
RALPH PRIOR •
LUCERNE,CO 80646
JOHN JOHNSON v���1111 DON POSSELT,DISTRICT MANAGER
2 BUCK RINEHART
NELS NELSON P.O.BOX 56 • PHONE(970)356-3020 • FAX(970)395-0997
��ETT�(� (\'t�/���wrwww.nn�wwccwd.org • e-mail: water@nwcwd.org
�SMI 1 Al
December 13,2006
To: Willard G.Owens From: North Weld County Water District
3525 Diane Place P.O.Box 56
Greeley,CO 80634 33247 Hwy 85
Lucerne,CO 80646
Re: Sunset PUD
Enclosed is a DRAFT Water Service Agreement for North Weld County Water District to
provide water service,and fire flows of 330 gpm to the Development with a Residual System
Pressure of 20psi.
The following Table will summarize the costs for water service from North Weld County Water
District.
These costs are current and ARE SUBJECT TO CHANGE WITHOUT NOTIFICATION.
Descri'lion of Fee Amount Due
Review&Ins.ection Fee $5,267 Time of Pa ment
Infrastructure Fee $0 U.-Front
U.-Front
�^ Plant Investment Fee $5,027 Total U I-Front
$7,500 per Lot @ Building Permit or Water
Mileage Charge Service Connection
$2,700 per Lot @Building Permit or Water
Service Connection
Cash-In-Lieu of Raw Water
$11,000 per Lot @ Building Permit or Water
Service Connection
Raw Water Storage Fee $I,000 per Lot
@ Building Permit or Water
Meter Set Fee Service Connection
$900 ter Lot Water Service Connection
$23,685 per Lot Total Tap Cost @ Water
Service Connection
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. Please 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. If you
have any questions,please contact me.
Sincerely,
Shane Carwin
North Weld County Water District
WATER SERVICE AGREEMENT
(SUNSET P.U.D. - 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
Willard G. Owens, (hereinafter "Developer'), of Sunset P.U.D., (hereinafter
"Development").
RECITALS
WHEREAS, District is a statutory special district formed under the laws of the
State of Colorado and is a quasi municipal corporation; and
WHEREAS, the District Enterprise was created by the District, in order to comply
with the provisions of Section 20,Article X of the Colorado Constitution and Article 45.1
of Title 37 of the Colorado Revised Statutes, as applicable; and
WHEREAS, the District owns, maintains and operates a system for the storage
of and distribution of potable water within Weld County and Larimer County, Colorado;
and
WHEREAS, the Developer desires to contract with the District for certain potable
water supplies and services for the Development known as Sunset P.U.D., Lot B of
Recorded Exemption No. 3479 and located in the East half of the Northeast Quarter of
Section 23, Township 6 North, Range 67 West of the 6th Principal Meridian, County of
Weld, State of Colorado; and
WHEREAS, Developer intends to plat and/or develop more than three residential
lots which will require dedication of raw water and/or payment of cash in lieu of raw
water dedication in accordance with the terms of this Agreement;
NOW,THEREFORE, in consideration of the premises and the covenants and
agreements hereinafter set forth, it is agreed by and between the District and Town as
follows:
ARTICLE 1
WATER SUPPLY/FACILITIES
1.1 The District shall furnish Development a customary supply of water for a
total of eight (8) individual Single-Family residential equivalent taps and one (1)
Commercial water tap("Taps"). The District shall furnish 70%of an acre foot(228,000
gallons) of water per equivalent tap per annual water year, if the allotment for Colorado-
Big Thompson (CBT) project water, which is determined by the Northern Colorado
Water Conservancy District is 50% or greater, North Weld County Water District will
restrict the delivery as necessary when the CBT allotment is less than 50%.
1.2 The 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, if necessary.
1.3 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 restricters,
etc.
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1.4 The District estimates the water supply to have a normal pressure range
of seventy five (75)to ninety one(91) pounds per square inch (psi). The District will
maintain an average minimum pressure of thirty five (35) psi to any tap. The maximum
pressure that will be supplied to any Tap may be as great as one hundred fifty(150) 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
2.1 The District must approve, in writing, all engineering and construction
plans and materials of all Water Lines within any Development or Water Lines leading to
the Development. The Developer shall be responsible for payment of the total cost of
the construction for Water Lines within the Development(or Water Lines that are
necessary to serve the Development)that will serve the Taps. "Water Lines", means all
lines which carry water to the meter vault(s)within the Development.
2.2 From the meter to the structure or lot being served with water,water will
be delivered through private service lines which are installed by the Developer or Lot
Owner, and for which the District has no responsibility or liability.
2.3 The District must approve engineering and construction plans of all Water
Lines before construction. Once the District has approved the final Water Line
construction, the District will conditionally accept the Water Lines by issuance of a
conditional acceptance letter(see Exhibit"A"). Two years after conditional acceptance
of the WaterLines, subject to final approval by the District, Developer shall dedicate
ownership of the Water Lines to the District. The Developer may use the District's
existing Water Lines to serve the individual taps, if the District determines in its sole
^ discretion, that the Water Line may be accessed and has available capacity and
pressure to serve the Development.
2.4 For all Water Lines located within the Development's roadway or
utility/waterline easements, future repair of paving or other improved surfaces
subsequent to the initial installation of any Water Line shall be the responsibility of the
Developer, Homeowners Association, or current owner of the Right-Of-Way. The
District will repair and backfill the trench to the surface but will not rebuild any surface
improvements, including but not limited to pavement, curb and gutter, sidewalk, or
landscaping other than 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;
(2) Infrastructure Enhancement Fee as determined in Paragraph 2.9;
(3) Plant Investment Fee as provided in Paragraph 2.10;
(4) Mileage Charqe pursuant to Paragraph 2.11; and
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(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 7.1, if the total fees, expenses and charges are not paid, all prior fees,
expenses and charges paid by the Developer for any improvements made by the
Developer shall be considered as forfeited to the District as liquidated damages as
accurate calculation and determination of damages would not be possible.
2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee, and Mileage
Charge must be completed and fulfilled jointly before the District provides any water
service. Once these fees have been paid or completed,the Developer or Lot Owner will
then have one (1)year to pay for and have the meter set. Upon installation of the
meter, or, after one (1)year of payment of these referenced fees whichever occurs
earliest,the District shall commence billing the Developer or Lot Owner a Minimum
Monthly Charge in accordance with the policies the District then in effect. The Minimum
Monthly Charge shall apply whether or not any water is taken through the Tap.
2.8 The District will be expending resources for review and inspection of the
Development including but not limited to engineering review, Water Line inspection,
surveying, bacteriological testing, and pressure testing of the Water Line constructed for
the development. The Developer will be required to reimburse the District for such
expenses and shall be known as the"Review and Inspection Fee". The Review and
Inspection Fee shall be solely determined by the District, and for this Development said
fee shall be the sum of$5,267.00. This payment determined to be$240.00 of said Fee
has been paid by the Developer on March 17, 2006, and the remainder$ 5,027.00
of the 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 Review and Inspection Fee, as established in this Paragraph 2.8 is non-
refundable.
2.9 The Developer/Contractor will be responsible for tying into all the District's
waterlines. The Developer/Contractor will be responsible for coordinating these tie-ins
with the District. No tie-ins will be allowed without prior approval from the District.
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
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
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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
Mileage Charge for each new Tap within the Development at the rate for Mileage
Charge then in effect.
2.12 The"Raw Water or Cash In Lieu Fee"requirement for this Development
shall be met by payment of"Cash in Lieu". The Developer or Lot Owner will be
responsible for making payment of this 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 Cash In Lieu Fees paid shall be in accordance with the Cash In Lieu Fee as
established by the District and in effect at the time of payment.
2.12.1 At the sole discretion of District, the District may allow the Developer to
dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for
a Residential Tap being a single family residence on one (1) lot shall be the dedication
of at least one (1) Unit of Colorado Big Thompson (CBT) project water per Tap, or at
least one (1) share of North Poudre Irrigation Company (NPIC)stock for every four(4)
residential Taps.
2.12.2 In addition to the dedication of the Raw Water, the Developer shall be
responsible for a Raw Water Storage Fee as determined by District. The Raw Water
Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC
that is dedicated to the District. The Raw Water Storage Fee payment shall be made in
conjunction with the dedication of the Raw Water.
2.13 The Developer shall provide the District with security, as deemed
acceptable by District, to secure the installation and warranty of Water Lines within the
Development during the two-year conditiona:acceptance period. Said security shall
cover 25% of all costs for construction of said Water Lines, which shall be released at
the expiration of the two-year warranty period and upon full acceptance of the Water
Lines by the District. The type of security to be accepted shall be at the sole discretion
of the District which will normally be a letter of credit, certificate of deposit, or bond.
•
2.14 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.
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
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hydrants,Water Lines, sprinklers, and valves, to be installed, inspected, serviced or
provided by District.
3.2 However, as a courtesy and public service, District will permit Developer
to install certain fire protection infrastructure pursuant to the provision of this Article 3
and any other provisions or requirements deemed necessary by District, in its sole
discretion.
3.3 Developer shall provide to the District, FPD and Weld County plans and
specifications for fire protection infrastructure, including but not limited to location and
size of Water Lines to serve fire hydrants ("Fire Facilities"). Said plans shall be in
accordance with any specifications and requirements established by District, Weld
County and/or FPD.
3.4 Upon final approval of the plans and design by District,Weld County and
FPD, Developer shall be responsible for installation of the same including all costs
incurred by District to review plans, installation, and inspection of the same by District.
Upon approval of the installation of all such fire facilities by District, Weld County and
FPD, District will thereafter assume the responsibility of effecting maintenance and
repairs of such facilities but District will be compensated for such maintenance and
repairs, in perpetuity, by Developer or Homeowners Association in the Development.
Additionally, responsibility for all costs of maintenance and repairs shall become a part
of covenants that run with the title to all lots and property within the Development, and
which shall constitute a first and prior lien upon all lots and property in said
Development.
3.5 As additional consideration for this Agreement, Developer understand that
District has not and will not perform any independent review or analysis of the adequacy
of any fire facilities. Accordingly, Developer releases District from any and all liability or
claims of any type that could be made against the District, including but not limited to
water pressure, line size, lack of water, maintenance, volume or velocity of flow, or any
other item related to fire 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
PETITION OF INCLUSION
4.1 If determined to be necessary by District,the Developer agrees to sign
and execute a standard Petition of Inclusion, Exhibit"B".
ARTICLE 5
EASEMENTS AND RIGHTS-OF-WAY
5.1 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.
5.2 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.
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ARTICLE 6
DUAL WATER (IRRIGATION) SYSTEM
6.1 This Agreement is for a single system water service which means that one
(1) system provides water for all water usage within Sunset P.U.D. Neither the
Developer nor any Lot Owner will construct, install or use a secondary or alternative
water system within Sunset P.U.D.without an amendment to this Agreement to insure
proper installation, use and connection of a dual water system. For any breach of this
provision, District shall have the right to discontinue water service to the entire
Development until an amendment to this Agreement has been finalized by the District,
Developer and/or all Lot Owners.
ARTICLE 7
MISCELLANEOUS
7.1 This Agreement is conditional as the final plat of the Development has not
yet been approved by Weld County. If the final plat is not approved on or before the
day of , 20_, this Agreement can then be terminated by Developer
and the same shall be considered null and void. Notwithstanding any language to the
contrary, Developer shall be entitled to a refund of 98% of costs and expenses paid
pursuant to Article 2.10, 2.11 and 2.12 if such refund is applied for within one (1) year of
the payment made to the District. The 2% retention by the District shall be considered
as administrative expenses. All or any portion of costs or expenses the Developer
incurred pursuant to Articles 2.1, 2.8, 2.9 and 2.15 shall not be entitled to a refund of
any amount.
7.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
7.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
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IN WITNESS WHEREOF,the parties have executed this Agreement the day and
year first above written.
DEVELOPER:
By: By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: By:
Secretary President
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 20 , by
Developer.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of
, 20 , by as
President and as Secretary of North Weld
County Water District.
Witness my hand and official seal.
My commission expires:
Notary Public
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Exhibit 6
FORM NO WATER SUPPLY INFORMATION SUMMARY
GWS-76 STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
02/2005 1313 Sherman St., Room 818, Denver, CO 80203
Phone—Info (303)866-3587 Main (303)866-3581 Fax(303)866-3589 http.//www.vvater state.co.us
Section 30-28-133,(d), 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: SUNSET QVD
2. LAND USE ACTION: 'SJQjbIV(5lOLS l WELb Gout•-rri
3 NAME OF EXISTING PARCEL AS RECORDED: Lot $ , 2E - 34'79 (2.44 b)
SUBDIVISION: V14 , FILING(UNIT) , BLOCK LOT
4. TOTAL ACREAGE: 32.SL 5. NUMBER OF LOTS PROPOSED 9 PLAT MAP ENCLOSED? 5 YES or ri NO
6. PARCEL HISTORY—Please attach copies of deeds,plats orother evidence or documentation_ As,$€55Q__ Of G _trio F I LE
A. Was parcel recorded with county prior to June 1, 1972?❑ YES or cv NO s LO Pug24./4TY bEED
B. Has the parcel ever been part of a division of land action since June 1, 1972?Ex YES or❑NO
If yes, describe the previous action: R E co2bEIS E)CE MPTlbhl
7. LOCATION OF PARCEL—Include a map delineating the_project area and tie to a section corner
g i 1- tritof the NE1/4, Section 23 , Township 06 X N or❑ S, Range 6,7 ❑ E or X W
Principal Meridian: (Sixth ❑New Mexico ❑Ute ['Castilla
Optional GPS Location:GPS Unit must use the following settings: Format must be UTM, Units Easting:
must be meters, Datum must be NADB3, Unit must be set to true N, 5 Zone 12 or❑ Zone 13 Northing.
8. PLAT— Location of all wells on property must be plotted and permit numbers provided. C44Ahl4E of 'Et.►LE PLAT
Surveyor's Plat: ❑ YES or❑ NO If not, scaled hand drawn sketch: ❑ YES or 5 NO 14 CLL.)cbE.b
o ESTIMATED WATER REQUIREMENTS 10. WATER SUPPLY SOURCE
USE WATER REQUIREMENTS ❑NEW WELLS-
❑EXISTING 9 DEVELOPED
Dp Gallks, per Day Acre-Feet per Year WELL SPRING PROPOSED AQUIFERS-(CHECK ONE)
HOUSEHOLD USE# O of units a6O b'3 WELL PERMIT NUMBERS D ALLUVIAL D UPPER ARAPAHOE
COMMERCIAL USES n of S.F -O CJO ` ZS0 7S ' O UPPER DAWSON ❑LOWER ARAPAHOE
S.F. D LOWER DAWSON D LARAMIE FOX HILLS
D DENVER ❑DAKOTA
IRRIGATION S of acres
D OTHER:
STOCK WATERING# _of head ❑ MUNICPAL
9 ASSOCIATION WATER COURT DECREE CASE
OTHER:
t(coo p g 0 COMPANY NUMBERS:
TOTAL
O X DISTRICT it
NAME 4002-T44 wE Lb
LETTER OF COMMITMENT FOR
SERVICE y YES or❑ NO
11 WAS AN ENGINEER'S WATER SUPPLY REPORTDEVELOPED?X YES or 5 NO IF YES, PLEASE FORWARD WITH THIS FORM.
(This may be required before our review is completed.)
12 TYPE OF SEWAGE DISPOSAL SYSTEM
A SEPTIC TANK/LEACH FIELD 5 CENTRAL SYSTEM
DISTRICT NAME:
5 LAGOON ❑ VAULT
LOCATION SEWAGE HAULED TO'
❑ ENGINEERED SYSTEM(Attach a copy of engineering design.)
5 OTHER:
Hello