HomeMy WebLinkAbout20090030.tiff • DElliMENT OF PLANNING SERVICES
Q HONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
918 10th Street
GREELEY, COLORADO 80631
D'I
Co
COLORADO
March 2, 2007
Robert L. Parsons Trust
Team Engineering
do Jeffrey W. Couch, P.E.
3468 Shallow Pond Dr
Ft. Collins CO 80528-7002
Subject: MF-1025- Request for approval of a Minor Subdivision Final Plat for 8 residential lots, Peace
Haven Estates, with Estate Zoning on a parcel of land described as Lot B of RE-3358; being
part of the NW4 of Section 10, T7N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your application and related materials for the request described above are complete and in order at the
present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday,
• April 12, 2007 at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department
of Planning, 918 10' Street, Greeley, Colorado.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Severance Planning Commission for their review and comments. Please call
Severance at 970-686-1218, for information regarding the date, time and place of the meeting and the
review process. It is recommended that you and/or a representative be in attendance at each of the
meetings described above in order to answer any questions that might arise with respect to your
application.
A representative from the Department of Planning Services will be out to the property to post a sign
adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date,
and location of the Weld County Planning Commission. In the event the property under consideration is
not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and post a second sign at the point at which the driveway(access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the
Weld County Planning Commission. It is the responsibility of the applicant to contact the Department of
Planning Services office a few days before the date of the hearing to obtain that recommendation.
• If you have any questions concerning this matter, please feel free to call me.
Sinc e 2009-0030
Hanna Hippel , Planner
• •
D P4. AC SERVICE E HAVEN ESTATES -SINGLE SYSTEM �\,\
• THIS AGREEMENT is made and entered into as of the day of
, 2005, by and between the North Weld County Water District, acting by
and through the North Weld County Water District Enterprise (hereinafter"District") and
Bob Parsons, (hereinafter "Developer'), of Peace Haven Estates, (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 Peace Haven Estates
located in the Northwest Quarter of Section 10,Township 7 North, Range 67 West of
the 6'"Principal Meridian, County of Weld, State of Colorado, known as Lot B of
Recorded Exemption-3358; 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 DRAFT
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, and one(1) Irrigation/Open-Space
water taps ("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 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, if necessary.
•
• •
1.4 The District shall install, own, repair and maintain a meter vault at each
individual lot.
• DRAFT ARTICLE 2
RESIDENTIAL TAPS
2.1 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 individual taps. "Water Lines", means all
lines which carry water to the meter vault(s)within the Development.
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 property
owner, and for which the District has no responsibility or liability.
The District must approve engineering and construction plans of all Water Lines
before construction. Once the District has approved the final Water Line construction
and received receipt of the value of such waterline constructed by the Developer, 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 Water Lines,
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.
2.2 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 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.
• Pursuant to this Agreement, the fees, expenses and charges for a water tap
consist of(1) Review& Inspection Fee as provided in Paragraph 2.3; (2) Infrastructure
Fee as determined in Paragraph 2.4; (3) raw water or cash in lieu as provided in
Paragraph 2.7; (4) Plant Investment Fee as provided in Paragraph 2.5; (5)Mileage
Charge pursuant to Paragraph 2.6; and (6) Meter Fee as provided pursuant to
Paragraph 2.10. Notwithstanding anything to the contrary herein, payment of all fees,
expenses and charges as established pursuant to this Agreement shall be a condition
precedent to the District being required to provide water service to any tap within the
Development. Except as provided in 6.1, if the total fees,expenses and charges are
not paid, all prior fees, expenses and charges paid by the Developer or any
improvements made by the Developer shall be considered as forfeited to the District as
liquidated damages as accurate calculation and determination of damages would not be
possible. The District requires that the (1)dedication of raw water or cash in lieu as
provided in Paragraph 2.7; (2)Plant Investment Fee as provided in Paragraph 2.5; (3)
Mileage Charge pursuant to Paragraph 2.6 requirements be fulfilled in conjunction.
After the raw water dedication or cash in lieu,the Plant Investment Fee and the Mileage
Charge have been dedicated and/or paid, the Developer or Lot Owner will have up to
one year to have the meter set. Once the meter has been set or after one year of the
payment and/or dedication of water, Plant Investment Fee and Mileage Charge, the
District shall begin billing the Developer or Lot Owner a minimum monthly charge as
established by the District and in effect at the time.
D FP A FT
2.3 The District will be expending resources for review and inspection of the
Development including but not limited to engineering review, waterline inspection,
surveying, bacteriological testing, and pressure testing of the waterline 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
•
DL
aAFT �
Inspection Fee shall be solely determined by the District, and for this Development said
fee shall be the sum of$6,300.00. A portion of this payment determined to be$160.00
of said Fee shall be paid by the Developer and payment shall be made upon execution
• of this Agreement and the remainder$6,140.00 of said Fee be made prior to
commencement of construction of Water Lines that will serve the Development, or the
issuance of any residential building permit,whichever occurs earliest. The Review and
Inspection Fee, as established in this Paragraph 2.4 is non-refundable.
2.4 The District may be constructing substantial Infrastructure, including but
not limited to over-sizing the construction of a water tank,waterline and associated
appurtenances. A portion of these enhancements will be attributable to the
Development and an Infrastructure Fee will be charged to the Developer. The
Infrastructure Fee shall be solely determined by the District, and for this Development
said fee shall be the sum of$(To Be Determined). A portion of this payment determined
to be $$(To Be Determined)of said Fee shall be paid by the Developer and payment
shall be made upon execution of this Agreement and the remainder$$(To Be
Determined)of said Fee be made prior to commencement of construction of Water
Lines that will serve the Development, or the issuance of any residential building permit,
whichever occurs earliest. The Infrastructure Fee, as established in this Paragraph 2.4
is non-refundable.
2.5 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 lump sum 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 established in this Paragraph
2.5, Developer will pay the Plant Investment Fee for each new tap within the
Development at the rate for Plant Investment Fees then in effect.
• 2.6 The Developer or Lot Owner will be responsible for making payments 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 lump sum 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 established in this Paragraph 2.6, Developer will pay the
Mileage Charge for each new tap within the Development at the rate for Mileage Charge
then in effect.
•
2.7 The raw water requirement shall be met by payment of cash in lieu of the
dedication of raw water. The Developer or Lot Owner will be responsible for making
payment of the cash in lieu fee. Said payment shall be made prior to the issuance of
any residential building permit or the setting of a water meter,whichever occurs earliest.
Ali 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 the lump sum payment. Any lot within the
Development containing a commercial use or Open Space sh hr t�e�arriq.raw
water requirement as a single family residential lot. ILI' R-^"
2.7.1 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
single family residence on one lot shall be the dedication of at least one(1)Unit of
Colorado Big Thompson (CBT)project water per Lot,or at least one (1)share of North
Poudre Irrigation Company(NPIC)stock for every four(4) Lots. In addition to the
dedication of the water rights, the Developer shall be responsible for a Raw Water
•
• JRAFT •
Storage Fee. 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 water
rights.
2.8 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 conditional 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.
2.9 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.
2.10 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 DRAFT
FIRE PROTECTION
• 3.1 Fire protection is a basic provision required for development activities in
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 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, District will permit Developer
to install certain fire protection infrastructure pursuant to the provision of this Article 4
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
•
• DP .1
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 understands
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 approval of this Development must make reference to the
responsibility of the property and owners concerning expenses of maintenance and
repairs for the fire facilities pursuant to Paragraph 3.4
DR 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"8".
ARTICLE 5
7ASEMENTS 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.
ARTICLE 6 ®P F T
MISCELLANEOUS
6.1 This Agreement is conditional as the final plat of the Development has not
yet been approved by Weld County. If the final plat is not approved on or before the
day of April 1st, 2007,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 2.5, 2.6 and 2.7 if such refund is applied for within one year of the payment made
to the District. The 2% retention by the District shall be considered as administrative
expenses. Any costs or expenses the Developer incurred pursuant to Articles 2.1 and
2.4 shall not be entitled to a refund of any amount.
6.2 This Agreement cannot be assigned by Developer without the express
written approval of District.
6.3 This Agreement shall inure to and be binding upon the parties hereto and
their heirs, executors, personal representatives, successors and assigns.
•
IN WITNESS WHEREOF,the parties have executed this Agreement the day and
year first above written.
• DEVELOPER: •
By: DR '.FT By: Oh.--. -
I
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By n r r By:
Secretary tr. o 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:
x, 7I
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:
DRAFT
Notary Public
•
• •
POUDRE VALLEY RURAL Poudre REA'
EA
ELECTRIC ASSOCIATION, INC.
•P.O. BOX 272550 7649 REA PARKWAY
FORT COLLWS, CO 80527-2550 FORT COLUNS, CC 80528
Bus. Phone 970-226-1234 FAX 970-226-2123
800-432-1012
www.pvrea.com
June 30, 2006
Bob Parson
40455 Skylark Drive
Fort Collins, CO 80524
RE: WORK ORDER #36886
Mr. Parson:
The cost for installing underground power to meters in pedestals to the 8 Lots
in the Peace Haven Estates Subdivision is $29,365 .00 or 8 Lots at $3, 670.63
each (See enclosed EXHIBITS "A" and "B") .
Poudre Valley REA will provide all trenching. Future settling of the trench
will be the responsibility of the applicant, as well as designated road
crossings and any removal and reconstruction of existing fences and other
obstructions related to the line extension.
The property owners will be responsible for furnishing breakers in all meter
pedestals.
All contracts, agreements, and construction costs will need to be completed and
paid before the project can be scheduled. Ordering time for certain materials
can take 26 weeks.
The following information is required before construction can begin:
1) Execute a signed contract (s) for electric service
a) One Contract for Underground Primary Power $29, 365 . 00
TOTAL COST DUE $29,365 .00
2) Execute a signed Utility Easement (s) .
3) Construction costs paid.
4) All lot lines and corners are to be established and final grade
obtained before construction can begin.
• 5) Joint-Use coordination is the responsibility of the applicant .
AN EQUAL OPPORTUNITY EMPLOYER Your Touchstone Energy' Partner ?.1.h
POUORE VALLEY RURAL ELECTRIC ASIATION •
Page 2
• June 30, 2006
6) Notification of all underground obstructions must be disclosed to
our office.
7) Water and Sewer lines are to be installed prior to construction of
facilities by Poudre Valley REA. It shall be the responsibility of
the Developer to provide all locates for Water, Sewer and Irrigation
Facilities for Poudre Valley REA or its Agent (s) . The Developer
releases Poudre Valley REA from all damages to these facilities
during the installation of the electric facilities.
8) Prior to any service being made available, a readable typed listing
of all addresses by lot and filing number covered by Exhibit "A"
must be provided to Poudre Valley REA.
Please sign and complete the Contract (s) , and Easement (s) where indicated with
an "X" circled in red. Fill in all names of owners of record and enter either
the Reception Number or Book and Page from your recorded warranty deed on the
easement (s) . You can obtain this information by telephoning the County Clerk
and Recorders office. It is necessary to have the easement(s) notarized. Please
return all signed documents to our office with your check in the amount of
$29,365. 00 for the construction deposit (s) .
. Poudre Valley REA needs access to its electric meters, underground cables,
poles or transformers. If fence (s) , locked gate (s) or landscaping are added, it
should not prevent an employee from gaining access for meter reading or
maintenance.
The person(s) signing any contract (s) and or easement (s) grants to the
Association the right to ingress and egress for meter readers, tree trimmers,
engineers, line personnel, or any agents of the Association for the purpose of
reading meters, engineering services, line repair, maintenance, tree trimming
and or right-of-way clearing as deemed necessary by the Association. Please
note the location of our stakes and advise Poudre Valley REA of any underground
obstructions.
If you have any further questions, please have your Work Order #36886 available
when calling our office. All prices and policies are valid for ninety (90)
days.
Sincerely,
Terry Fielding
Engineering Representative
jem
• Enclosure (s)
H:\Engineering\2006\TF\WO 36886 LTR.doc
The unde (hereinafter called the"Applicant,,ereby applies rfor electric servlc•Poudre Valley A .I Electric Association.Inc.(hereinafter called'
"Assoctat on the following terms and conditions:
1.GENERAL
a. The Applicant will when electric energy becomes available,purchase born the Association all electric energy used on the premises described below and will pay for at
applicable rates and terms in accordance with the"Schedule of Rates for Electricity and Rules and Regulations'(hereinafter called the"Rules and Regulations)as may fr
lime to time he filed with the Public Utilities Commission of the Slate of Colorado by POudre Valley Rural Electnc Association.This contract shall continue in force for a minim
number of years as specified in paragraph 4(0)below from the dale service is made available hereunder and said contract shall be automatically renewed on a yearly basis a
cancelled by at east thirty i301 days written notice given by either party to the other at the addresses specified herein_
b. The minimum monthly or annual charge for electric service,regardless of the kilowatt hours consumed shall be the higher of the following charges.
• 1) The minimum specified in the applicable rate schedule.or
2) One and one half percent 11 X%)0f the Associations investment per month or eighteen percent(18%)of the Associations investment annually,based upon the ac
estimated cost of constructing and installing the line extension and facilities necessary to supply the service.or
C. The transformer charge specified in the applicable rale schedule. No agent or representative of the Association has the power to amend.modify,alter or waive any of
provtston5 of the terms Of this conlraCt. Any promises.agreements,or representations made by any agent or representative of the Association not herein set forth shall bet
and of no effect
d. Acceptance of this contract by the Association shall constitute a binding agreement between the Applicant and the Association. This contract will not alter the terms of any 01
contract between the Applicant and the Association.
2.RESPONSIBILITY
a. The Applicant will sign separate Application for Service on a form provided and will comply with the Rules and Regulations of the Association.
0. Failure on the part of the Applicant to accept service from the Association or to comply with the Rules and Regulations of the Association.or to perform under he terms and
conditions of this contract shall not relieve the Applicant from making all the payments and performing all the conditions set forth in this contract In the event the applicant
becomes delinquent in any payments,the applicant will forfeit all construction deposits therefore made.and the Association shall have the option to declare all Of the remainde
of the payments due under this contract immediately due and payable. The Aaeooallon.at its option and without further notice.may remove all or part of the laolities.
c. The Association may record this instNmenl in the office of the County Clerk and Recorder in the County in which the real estate is situated.
O. This agreement shall be binding upon the successors,legal representatives.heirs,devisees,and assigns of the respective parties hereto.
e. The Association shall use reasonable diligence 10 provide the Applicant with a constant and uninterrupted supply of electric power and energy,but if such supply shall fail orbit
Interrupted or become defective through acts of God.or the public enemy,or by accident.strikes.labor troubles.or by action of elements or inability to secure rignts of-way
other permits needed.or any other cause beyond reasonable control of the Association,the Association shall not be liable therefore.
3.RIGHTS-OF-WAY
a. The Applicant hereby grants and conveys unto the Association the right,privilege and easement to construct,operate and maintain the facilities together with right of ingress
egress.including the Installation of Association owned locks andlbr lock boxes,etc,as may be necessary to extend,maintain and operate this Service.
b. The Applicant hereby gives to the Association without cost or expense,the further right and privilege to cut and trim any trees or shrubbery near said overhead lines supply,
the Applicant,so that adequate and proper service may be extended hereunder.
c. The Applicant further agrees to assist in obtaining needed rights-of-way that may be required to provide service hereunder.
d. The Applicant acknowledges that he/she has been instructed to disclose locations of underground 0bslrucbOn5.The Applicant agrees to indemnify the Association against los
damage to underground property of the Applicant or to underground property of others on the Applicant's property.The Association will use reasonable care in locating
digging holes or trenches for poles,anchors or under-ground service but will not be responsible for damage to sewers.water lines or other underground facilities if the e:
location of such underground property can not be determined before construction begins.
0.CONTRACT PROVISIONS
a. Service will be rendered at the Association's standard voltage. The Association's meter shall constitute the point of delivery to the Applicant and the Applicant will own
maintain all poles,wires.equipment and other facilities beyond the point of delivery.
b. Service to be furnished under this agreement is to be delivered al a mutually agreed point on the Applicant's premises described below
Legal Description:
Located in Quarter of Section 10 Township 7 N.Range 67 W.of 6'"P M.in the
County of WELD further described as PEACE HAVEN ESTATES
SERVICE ADDRESS: X I BUILDING PERMIT NO.: X
c. This contract shall continue In force for a minimum of 10 years from the date service is made avertable.
a. Type of Service I)Permanent (X)Indeterminate I)Temporary
Describe 1201240 VOLT,200-AMP SERVICE WITH METERS LOCATED IN PEDESTALS FOR 8 LOTS. PROPERTY OWNERS WILL FURNISH ALL BREAKERS IN THE
• METER PEDESTALS. - —
Maximum KVA 25 Horsepower
(X) Single Phase O Three Phase I I Overhead (X) Underground
e. Applicable Rate Schedule AA6
f. The Association hereby acknowledges receipt of the following consideration paid by the Applicant in accordance with the applicable Rules and Regulations:
25220 Ledger ACCT.No. Amount Due:S 2936500 Refundable Yes I I No IX)
Ledger Acct.No. Amount Due:B Refundable Yes(1 No II
Conditions:THE ASSOCIATION SHALL INSTALL OWN,OPERATE AND MAINTAIN THE(OVERHEAD)(UNDERGROUND)ELECTRIC DISTRIBUTION FACILITIES TO
PROVIDE ELECTRIC SERVICE TO EACH OF THE LOTS IN THE DEVELOPMENT.THE TERMS OF THIS AGREEMENT SHALL APPLY TO B LOTS OF THE
DEVELOPMENT,SAID AREA BEING BOUNDED BY RED ON THE PLAT ATTACHED HERETO AS EXHIBIT"A"AND MADE A PART HEREOF.THE APPLICANT WILL
PAY THE ESTIMATED COST OF THE FACILITIES�OT TO EXCEED 529,365.00, PLEASE NOTE THE LOCATION OF OUR STAKES AND ADVISE POUDRE VALLEY
REA OF ANY UNDERGROUND OBSTRUCTIONS.
banal Security Number BOB PARSON
APPLICANT(5)
NIA Cateislx
Denier X
61GNATURElSl
!)Yes line X N14s)X
Phone Number
ADDRESS 40455 SKYLARK DRIVE
Taken by CITY-STATE-ZIP FORT COLLINS,COLORADO 80524
TERRY FIELDING
I ACKNOWLEDGE THAT I HAVE.RECEIVED A COPY OF THIS DOCUMENT
Accepted by POUDRE VALLEY RURAL ELECTRIC ASOCIATION,IN
Signature% _, Date X ,. ._ , By Date
Attachments
Rale Schedule W O.No. 36886 Location Na
ROW Easement ONE Contract Expiration Date
Porchaae of Hewer Agreement Minimum 515.00 IMONTHLYIPER LOT Rate 0 Class 1
Name Acd Na
Other EXHIBIT"A"AND"B"
• POUDRE VALLEY RURAL ELECTRIC ASSOCIATION,INC.•P.O.BOX 272550 FORT COLLINS,COLORADO B0527-2550•7649 REA PARKWAY FORT COLLINS,CO 905]
1-070-226-1234•1-S00-4332-1012
RETURN ONE SIGNED COPY TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION•RETAIN ONE COPY FOR YOUR RECORDS
HIE, amgcrns,mmiO 3.aas COwoaCTP,..'
POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC.
RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that
•
X PEACE HAVEN ESTATES
[Print full name(s)(single,joint, partnership,corporation, incorporated ass'n)]
is (are) the owner(s) of record and for a good and valuable consideration, the receipt of which is hereby
acknowledged,do(es)hereby grant unto Poud re Valley Rural Electric Association, Inc., (Association)a Colorado
Corporation,whose post office address is Fort Collins,Colorado, and to its successors and assigns, a perpetual
right-of-way easement upon these particularly described lands of the undersigned:
AN UNDERGROUND UTILITY EASEMENT 10 FEET WIDE,5 FEET EACH SIDE OF POWER LINE CENTER
AND APPURTENANCES AS CONSTRUCTED ON WORK ORDER#36886
RECEPTION NO.: X
County WELD, Book X ,Page X ,Section 10 ,Township 7 N,Range 67 W,
for the purposes of constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity,
operating,repairing,maintaining,and extending from time to time an overhead and/or underground electric line or
system, including, but not limited to, poles, towers, fixtures, conductors, guy wires, cables, conduits, vaults,
transformers, pads, and enclosures,on,over or under the above-described lands;
And for the purposes of cutting,mowing or trimming,from time to time,trees,bushes and shrubbery located
within 10 feet of the centerline of said line or system and to cut down all dead, weak, leaning or
dangerous trees or limbs in or adjacent to the right-of way as may, in the opinion of the Association, otherwise
endanger the lines or other facilities of the Association.
The undersigned agrees to keep the area within 10 feet of the centerline of said underground or
overhead electric line or system clear of buildings,structures,piles of earth,rubbish,debris or other substances or
materials,and to permit or otherwise agree to the easement and joint use occupancy of other lines or systems;
And grants the Association the right of access for ingress and egress over the lands above-described and
the right to use the roads or trails,whether public,private or dedicated,to install,maintain and use gates and fences
presently installed or as may be installed from time to time:
• And further agrees that all facilities installed by or for the Association shall remain the property of the
Association, removable at the option of the Association.
And shall not grant any other easement right-of-way, permit or license upon, under or over said property
without the written consent of the Association. The failure to enforce all or any portion of this Easement by the
Association shall not be deemed acquiescence or waiver by the Association of any of its hereby expressed rights.
The undersigned warrants that(s)he is(they are)the owner(s) in fee of the above described lands and will
defend the title thereto against all claims, and that said lands are free and clear of encumbrances and liens of
whatsoever character except the following:
MORTGAGE COMPANY NAME:X
X IN WITNESS WHEREOF the undersigned has set his hand and seal this day of
X (Owner)
X (Owner)
X (Owner)
X (Owner)
X STATE OF COLORADO
ss:
COUNTY OF
X The foregoing instrument was acknowledged before me this day of
BY OWNER(S)OF RECORD NAME(S)
SEAL My Commission Expires:
Notary Public(NAME)
• WORK ORDER#36886-TF LOC#
•
1 Engineering\2006\TE'WO 36586 ESMNT doc
• S
ELECTRIC DISTRIBUTION
EXHIBIT "B"
• The Association will provide said facilities in accordance with its Rules and
Regulations and Line Extension Policies according to the Indeterminate Service
Classification. The Developer will execute a standard Contract for Electric
Service.
The parties therefore agree to the mutual covenants and agreements as follows:
1. The Developer shall provide the Association with an accurate copy of the
final plat of the area to be developed as approved by the Governmental
Subdivision having jurisdiction and as recorded with the Clerk and Recorder
of the Colorado County in which the Development is situated.
2. The Association shall install the facilities described herein in accordance
with good engineering practice after the Developer has established property
lot lines, cut streets, alleys and easements to final grade, construction of
curbs, gutters and paved streets. The Developer shall reimburse the
Association for any expense due to subsequent changes by the Developer.
3. The Association shall not be responsible to the Developer, and the Developer
releases and indemnifies the Association from any claims for personal
injury, property damage, or damages or claims of damages of any kind or
nature that may result from a failure of construction, inadequate
construction or any other cause arising out of this agreement in excess of
any insurance coverage of the Association.
4. If at the time of electric installation, any Water, Sewer and Irrigation
facilities that has not been accepted and or owned by any city, town
district, entity or governing municipality with jurisdiction, then it shall
be the responsibility of the Developer to provide locates for said utilities
for Poudre Valley REA or its Agent(s) . If the Developer does not and or can
not locate said utilities then the Developer shall release Poudre Valley REA
from all damages to these facilities during the installation of the electric
facilities.
5. The Association shall. not be considered in default in respect to any
obligation hereunder if prevented from fulfilling such obligation by reason
of uncontrollable forces, the term uncontrollable forces being deemed for
the purposes of this agreement to mean any cause beyond the control of the
•
Association, including, but not limited to, failure of delivery or supply of
facilities, flood, earthquake, storm, lightning, fire, epidemic, or riot,
civil disturbance, labor disturbance, sabotage, restraint by court or public
authority which by diligence or foresight the Association could not
reasonably been expected to avoid, and failure of Developer, his agents,
employees or contractors to perform required acts.
6. The laws of the State of Colorado shall govern the validity, performance and
enforcement of this Agreement and venue for all actions shall be in Larimer
County, Colorado. The invalidity or unenforceability of any provision of
this Agreement shall not effect or impair any other provision unless
material to the performance of the party. All negotiations, consideration,
representations, and understandings between the parties are incorporated
herein, and may be modified or altered only by agreement in writing by the
parties. The Developer agrees that the provisions of this Agreement may be
specifically enforced in a Court of Competent jurisdiction, and Developer
agrees to pay all costs of any action (including, but not limited to direct
and consequential damages, loss of revenue, attorney fees, court costs,
expert witness fees and other expenses) incurred by the Association to
enforce the agreement and such action shall include but not be limited to a
court action by the Association. Nothing contained herein shall be deemed or
construed by the parties hereto, not by any third party, as creating the
relationship of principal and agent or a partnership or a joint venture
between the parties hereto. Whenever herein the singular number is used, the
same shall include the plural, and neuter gender and shall include the
masculine and feminine genders when the context so requires.
7. The covenants, agreements, and obligations herein contained, except as
herein otherwise specifically provided, shall extend to, bind, and inure to
the benefit of the parties hereto and their respective personal
representative, successors and assigns. Neither party may assign or transfer
all or any part of this agreement without the prior written consent of the
non-assigning party.
W.O. # 36886
MOH W.O. # N/A
• ENGINEERING REPRESENTATIVE: TERRY FIELDING
INITIAL: DATE:
F.\_n5Cneet,^9\2C:6\TF\M0 36866 _%N.9[T s.doc
•
Qwe st,
QWEST Spirit of Service'"
3351 Eastbrook Dr.
Fort Collins, CO. 80525
Date: June 26, 2006
Subject: Service to Peace Haven Estates
Robert Parsons
40455 Skylark Dr.
Fort Collins, Co. 80524
QWEST will provide service to your planned development Peace Haven Estates.
Provisioning the service will be in accordance with the tariffs on file with Colorado
• Public Utilities Commission. If there are any further questions, or if I can provide any
assistance, please contact me on 970 377-6403.
Very Truly Yours.
Rich Stiverson
Senior Engineer
Manager
jmh
11111
• •
Xcel Energy®
• 1901 East Horsetooth Road
Fort Collins,Colorado 80525
June 26, 2006
Bill Cessna
19533 Silver Oak Dr.
Fort Meyers, FL 33912
Attn: Bob Parsons
Re: Availability of Natural Gas to Peace Haven Estates PUD
Thank you for your request for information regarding natural gas service for the above-mentioned
project. Public Service Company will provide natural gas to this project according to the terms of our
extension policies as they are on file with the Colorado PUC. We presently have a gas main line in
County Road 84.
• I will be your primary contact at PSC for this project. My normal business hours are from 7:00 am to
3:30 pm, Monday through Friday. If I am unavailable, or if your need is immediate, you may contact
my Engineering Manager, Rich Stengaard, at 970-225-7828.
If you have any questions or needs, please do not hesitate to contact me at once.
Sincerely,
4647(
Stephanie Rich
•
REVIEW OF COVENANTS FOR PEACE HAVEN ESTATES
• I. LEGAL DESCRIPTION OF LAND TO BE BURDENED WITH COVENANTS
OR DECLARATIONS. THIS NEEDS TO REFERENCE THE SUBDIVISION
OR PUD LOTS WHICH ARE GOING TO BE CREATED WITH A BLANK
FOR THE RECORDING INFORMATION OF THE FINAL PLAN OR PLAT.
THE FINAL COVENANTS NEED TO BE PRESENTED TO PLANNING FOR
RECORDING ALONG WITH THE FEE AND AT THE SAME TIME AS THE
FINAL PLAN OR PLAT. THE PLAT WOULD BE RECORDED AND THE
RECORDING INFORMATION INSERTED INTO THE COVENANTS
WHICH THEN WILL BE RECORDED SO THAT THERE IS NO GAP IN
TIME.
THERE IS A LEGAL DESCRIPTION PRESENT, AND A COPY OF THE
PLAT WAS ATTACHED TO THE DOCUMENT. ALSO REFERS TO
EXHIBIT A ON PAGE 3, BUT NO EXHIBIT A WAS ATTACHED.THAT
EXHIBIT MUST BE ATTACHED.
2. PROPER EXECUTION BY RECORD TITLE OWNERS AT THE T IME OF
RECORDING (NEED TO MATCH EXACTLY NAMES ON DEEDS AND BE
CONSISTENT WITH INCORPORATION, IF APPLICABLE):
I CANNOT TELL FROM THE DOCUMENT ALONE, IF THE EXECUTION
OF THE DOCUMENT WILL BE CORRECT OR NOT, AS IT HAS NOT YET
BEEN SIGNED. HOWEVER, THERE IS A FINAL PLAT APPLICATION
• WHICH INDICATES THE OWNER IS ROBERT L. PARSONS TRUST, AND
THE SIGNATURE PAGE AS PRESENTED JUST REFERS TO ROBERT L.
PARSONS. IF THE TRUST IS THE OWNER, THE SIGNATURE PAGE
MUST REFLECT THAT, AND THE TRUSTEE MUST SIGN AS TRUSTEE.
3. ACKNOWLEDGMENT IN ACCORDANCE WITH C.R.S. 38-35-101. THE
FORM IS IN THE STATUTE ON ACKNOWLEDGMENT FOLLOWED BY A
TYPICAL NOTARY ACKNOWLEDGMENT.
THE FORM OF THIS ACKNOWLEDGMENT DOES CONFORM TO THE
STATUTORY FORM. HOWEVER, SEE #2 ABOVE.
4. OTHER:
APPLICANT ATTACHED A FINAL PLAT NARRATIVE, AND ON THE
FIRST PAGE REFERS TWICE TO PRAIRIE RIDGE ESTATES, WHERE I
THINK HE MEANT PEACE HAVEN ESTATES. I DO NOT KNOW IF THAT
MATTERS OR NOT.
ALSO, IN THAT NARATIVE, PARSONS STATES THAT THE LOCAL
ROADWAY WILL BE DEDICATED TO WELD COUNTY BUT WILL BE
MAINTAINED BY THE ASSOCIATION. I DID NOT THINK THAT WAS
CORRECT.
•
• •
REVIEW OF COVENANTS FOR PEACE HAVEN ESTATES
• 1. LEGAL DESCRIPTION OF LAND TO BE BURDENED WITH COVENANTS
OR DECLARATIONS. THIS NEEDS TO REFERENCE THE SUBDIVISION
OR PUD LOTS WHICH ARE GOING TO BE CREATED WITH A BLANK
FOR THE RECORDING INFORMATION OF THE FINAL PLAN OR PLAT.
THE FINAL COVENANTS NEED TO BE PRESENTED TO PLANNING FOR
RECORDING ALONG WITH THE FEE AND AT THE SAME TIME AS THE
FINAL PLAN OR PLAT. THE PLAT WOULD BE RECORDED AND THE
RECORDING INFORMATION INSERTED INTO THE COVENANTS
WHICH THEN WILL BE RECORDED SO THAT THERE IS NO GAP IN
TIME.
THERE IS A LEGAL DESCRIPTION PRESENT, AND A COPY OF THE
PLAT WAS ATTACHED TO THE DOCUMENT. ALSO REFERS TO
EXHIBIT A ON PAGE 3, BUT NO EXHIBIT A WAS ATTACHED.THAT
EXHIBIT MUST BE ATTACHED.
2. INDICATION OF LANDS BENEFITTED BY THE COVENANTS -
USUALLY BENEFITS AND BURDENS APPLY TO ALL OF THE
PROPERTIES:
IN THIS CASE, ALL OF THE PROPERTY AS DEFINED IN THE
COVENANTS IS BENEFITTED AND BURDENED BY THE COVENANTS.
SEE PAGE 1, ARTICLE I, PREAMBLE.
• 3. INDICATION AS TO WHAT EXTENT THE COLORADO COMMON
INTEREST OWNERSHIP ACT APPLIES, IF AT ALL:
THE DEVELOPMENT IS NOT GOVERNED BY MANY OF THE
PROVISIONS OF THE STATUTE, AS THE NUMBER OF UNITS DOES NOT
EXCEED 20, AND IT SO STATES IN ARTICLE I, PAGE 1, PREAMBLE.
4. A DESCRIPTION - CAN BE BY REFERENCE TO THE PLAT-OF THE
COMMON ELEMENTS (THOSE TO BE MAINTAINED BY THE OWNER'S
ASSOCIATION) SUCH AS ROADS, PATHS, OPEN SPACES AND
EASEMENTS:
DOCUMENT DESCRIBES THE COMMON AREAS AS ALL REAL
PROPERTY OR INTEREST THEREIN OWNED BY THE ASSN AND
EASEMENTS ANDRIGHTS-OF-WAY FOR THE COMMON USE AND
ENJOYMENT OF THE OWNERS, TOGETHER WITH AND INCLUDING,
BUT NOT BY WAY OF LIMITATION, PEACE HAVEN WAY, UTILITIES
AND UTILITY EASMENTS. SEE PAGE 2. IT WOULD BE MORE SPECIFIC
IF THERE WAS A REFERENCE TO THE PLAT.
5. DESCRIPTION OF THE COMMON EXPENSES SUCH AS
ADMINISTRATION AND INSURANCE AND FOR REPAIR,
MAINTENANCE, REPLACEMENT OR CONSTRUCTION OF COMMON
• ELEMENTS:
THE EXPENSES ARE ADDRESSED ON PAGE 5 AND 6, IN ARTICLES V
• AND VI. THE ASSESSMENTS WILL BE DETERMINED ANNUALLY,
USUALLY BY ADDING 15% TO THE PRIOR YEAR'S ASSESSMENTS,
BUT, SPECIAL ASSESSMENTS MAY BE MADE. THERE IS TO BE A
CAPITAL RESERVE AND MAINTENANCE FUND.
6. MEMBERSHIP AND VOTING:
ARTICLE IV OF THE DECLARATION OF COVENANTS SETS FORTH
THE VOTING RIGHTS AND MEMBERSHIP REQUIREMENTS.EACH
OWNER HAS A VOTE. IF MORE THAN ONE OWNER PER LOT, THE LOT
MUST VOTE AS ONE.
7. PROVISION FOR THE COLLECTION OF FUNDS TO PAY FOR COMMON
ELEMENTS:
THE COLLECTION OF FUNDS TO PAY ASSESSMENTS IS ADDRESSED
ON PAGE 6, ARTICLE VIII. ASSESSMENTS ARE COLLECTIBLE IN
PROCEEDINGS IN LAW OR EQUITY, OR BY THE IMPOSITION OF A
LIEN. THIS IS ADEQUATE.
8. MEANS OF ENFORCEMENT AGAINST DELINQUENT PROPERTY
OWNERS:
SEE #7
• 9. RIGHT TO FARM PROVISIONS:
THERE IS A RIGHT TO FARM PROVISION. IT IS FOUND PAGES 1-2
ALSO, FARM ANIMALS ARE PERMITTED.
10. PROVISIONS FOR AMENDING. AMENDMENTS WHICH PURPORT TO
RELIEVE THE OWNERS FROM THE DUTY TO MAINTAIN COMMON
ELEMENTS WILL REQUIRE WRITTEN CONSENT OF THE BOARD OF
COUNTY COMMISSIONERS:
THE DOCUMENT ON PAGE 10 ADDRESSES THE ISSUE OF
AMENDMENT WHICH MAY RELIEVE THE OWNERS OF THE DUTY TO
MAINTAIN COMMON ELEMENTS, AND REQUIRES THE CONSENT OF
THE BOARD. THE BYLAWS WERE ATTACHED, AND THE PROVISIONS
CONCERNING AMENDMENTS TO BYLAWS DID NOT ADDRESS THIS
ISSUE. HOWEVER, I WOULD NOT THINK THAT MATTERS.
11. PROVISIONS FOR AUTOMATIC RENEWAL AND TERMINATION.
(TERMINATION OR NON-RENEWAL WHICH HAS THE EFFECT OF
RELIEVING THE OWNERS FROM THE DUTY TO MAINTAIN COMMON
ELEMENTS WILL REQUIRE WRITTEN CONSENT FROM THE BOARD.)
SEE 10 ABOVE. ALSO, THE DOCUMENT STATES ON PAGE 11 THAT
THE COVENANTS ARE BINDING AND RUN WITH THE LAND. THERE IS
NO PROVISION PERMITTING A LAPSE OF THE COVENANTS.
•
• •
12. PROPER EXECUTION BY RECORD TITLE OWNERS AT THE T IME OF
RECORDING (NEED TO MATCH EXACTLY NAMES ON DEEDS AND BE
CONSISTENT WITH INCORPORATION, IF APPLICABLE):
I CANNOT TELL FROM THE DOCUMENT ALONE, IF THE EXECUTION
OF THE DOCUMENT WILL BE CORRECT OR NOT, AS IT HAS NOT YET
BEEN SIGNED. HOWEVER, THERE IS A FINAL PLAT APPLICATION
WHICH INDICATES THE OWNER IS ROBERT L. PARSONS TRUST, AND
THE SIGNATURE PAGE AS PRESENTED JUST REFERS TO ROBERT L.
PARSONS. IF THE TRUST IS THE OWNER, THE SIGNATURE PAGE
MUST REFLECT THAT, AND THE TRUSTEE MUST SIGN AS TRUSTEE.
13. ACKNOWLEDGMENT IN ACCORDANCE WITH C.R.S. 38-35-101. THE
FORM IS IN THE STATUTE ON ACKNOWLEDGMENT FOLLOWED BY A
TYPICAL NOTARY ACKNOWLEDGMENT.
THE FORM OF THIS ACKNOWLEDGMENT DOES CONFORM TO THE
STATUTORY FORM. HOWEVER, SEE#12 ABOVE.
14. OTHER:
APPLICANT ATTACHED A FINAL PLAT NARRATIVE, AND ON THE
FIRST PAGE REFERS TWICE TO PRAIRIE RIDGE ESTATES, WHERE I
THINK HE MEANT PEACE HAVEN ESTATES. I DO NOT KNOW IF THAT
MATTERS OR NOT.
ALSO, IN THAT NARATIVE, PARSONS STATES THAT THE LOCAL
ROADWAY WILL BE DEDICATED TO WELD COUNTY BUT WILL BE
MAINTAINED BY THE ASSOCIATION. I DID NOT THINK THAT WAS
CORRECT.
•
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