HomeMy WebLinkAbout20082287.tiff •
DEPARTMENT OF PLANNING SERVICES
NORTH OFFICE
• 918 10'" Street
GREELEY, CO 80631
' PHONE: (970) 353-6100, Ext. 3540
C. FAX: (970) 304-6498
COLORADO
June 9, 2008
Gary&Vicky Mackey
Bryon &Jamie Mackey
6804 Aaron Dr
Ft Collins CO 80524
Subject: PF-1130- Request for approval of a Final Plat for six (6) Residential (Estate Zoning) Lots—
Mackey Circle PUD on a parcel of land described as Lot B of RE-4589 and Lot A of RE-2792
both being Pt NE4 of Section 6, T7N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
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,
• August 14, 2008, 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 Ault and Pierce Planning Commission for their review and comments. Please
call Ault at 970-834-2844 and Pierce at 970-834-2851, 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.
If you have any questions concerning this matter, please feel free to call me.
nc rely,
Kim
Planner
•
2008-2287
AGENDA
•
WELD COUNTY UTILITY BOARD MEETING
Thursday, August 14, 2008
Please contact Kris Ranslem at 970-353-6100 Ext. 3519, if you are unable to attend the meeting.
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10:00 a.m. - Public Meeting of the Weld County Utility Board Meeting, Weld County Planning
Department, 918 10th Street, Greeley, Colorado.
1. CASE NUMBER: PF-1130
APPLICANT: Gary&Vicky Mackey; Bryon&Jamie Mackey
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-4589 and Lot A of RE-2792 both being Pt NE4 of Section 6,T7N,
R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: Final Plat for six(6) Residential (Estate Zoning) Lots—Mackey Circle PUD.
LOCATION: South of and adjacent to CR 86 and East of and adjacent to CR 37.
2. CASE NUMBER: PF-1116
APPLICANT: Lone Tree Estates do Troy Hauer
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot C RE-3846 Pt NW4 of Section 27,T7N, R65W of the 6th P.M., Weld County,
Colorado.
REQUEST: Lone Tree Estates PUD, Final Plan for three (3) lots with (E) Estate Zone uses
with the exception that two(2)cattle per acre allowed.
LOCATION: East of and adjacent to CR 43 and approximately'/,mile north of CR 76.
• 3. Adjourn
•
MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE
A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday,
• August 14, 2008 at 10:00 a.m., in the Conference Room of the Weld County Planning Department at 918
10' Street, Greeley, Colorado.
Members Present: Don Posselt, Robert Fleck, Jerry Adams, Don Magnuson, Dave Snyder, Don Somer.
and Doug Melby.
Members Absent: Lyle Sheeder, and Al Trujillo
Also Present: Kim Ogle and Jacqueline Hatch, Department of Planning Services; Don Carroll,
Department of Public Works, and Kris Ranslem, Secretary.
CASE NUMBER: PF-1130
APPLICANT: Gary&Vicky Mackey; Bryon&Jamie Mackey
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Lot B of RE-4589 and Lot A of RE-2792 both being Pt NE4 of Section 6,T7N,
R65W of the 6th P.M.,Weld County, Colorado.
REQUEST: Final Plat for six(6) Residential(Estate Zoning) Lots—Mackey Circle PUD.
LOCATION: South of and adjacent to CR 86 and East of and adjacent to CR 37.
Kim Ogle, Department of Planning Services, stated that this application is a 6-Lot PUD. The site is
located off of County Road 37.
It is served by North Weld County Water and has individual septic systems.
There is a floodplain that crosses over a portion of Lot 6, the middle of Lot 5 as well as Lot 4 and the
eastern portion of Lot 3.
• Mr. Ogle indicated that the Health Department is requesting septic systems, and primary and secondary
envelopes for Lots 3, 4, and 5.
Mr. Ogle commented that the Department of Public Works is requesting building envelopes to the west
side of the floodplain for Lots 3, 4, and 5.
Mr. Ogle indicated that there are utility easements that go all the way around the property. He added that
there is also a drainage easement to retain overland flows that encumber a portion of Lots 2, 3, and a
small portion of Lot 4.
Mr. Ogle said that there is an existing 30 foot access in the utility irrigation easement which is along the
south property line. He added that there is a 6 inch diameter water line that comes in off of County Road
37 to the end of the cul-de-sac and then exists down to the utility access on the south property line.
Jerry Adams referred to the eastern edge of the plat and commented that he noticed on the Final Plat that
there is a 30 foot drainage easement. However, on the Utility Plat it calls it out as a utility and drainage
easement. He suggested making the same notation on the Final Plat that it is also a utility easement.
Dave Snyder noted that the pull off and the mailboxes were off of County Road Right-of-Way. He
commented that the Public Works Department feels that it should be internal to the site. Mr. Ogle agreed
and commented that staff noted that this was the only location of which that bus pull off with mailbox, etc
was on the utility plan and not on any other drawings that they have, including the Change of Zone Plat.
He added that staff is requesting the applicant to address that internal to the site as they need some place
for an easement for the sign, bus shelters, etc. Mr. Ogle added that they show they have a pedestal
mailbox but the application indicates that they are individual mailboxes per lot. Mr. Ogle further added that
they are asking the applicant for further clarification on that as well.
• Mr. Adams asked if the applicant had any comments they would like to make.
Gary Mackey stated that they have already addressed the turn off pattern. He added that when Hannah
Hippely (previous planner on the case)was still here they talked about the turn out and so he went and
measured it and that's why it was determined that way. He indicated that they will move it internal of the
site.
• Mr. Mackey stated that the pull off and the mail boxes will be moved to the inside of the property as well.
Mr. Ogle asked Mr. Snyder what the setback is from the centerline of Leaning Way to where the bus pull
off can come back in. Mr. Snyder commented that he couldn't give the correct dimension but that he
would let Mr. Ogle know.
Mr. Adams summarized the suggested changes. He stated that the applicant will need to modify each of
the drawings to show the turnouts as per Mr. Snyder's comments. He added that they will also need to
show the addition of the utility easement verbiage on the Final Plat.
Don Posselt moved to approve the case based on the changes as noted by Jerry Adams, seconded by
Dave Snyder. Motion carried unanimously.
Robert Fleck entered the meeting.
CASE NUMBER: PF-1116
APPLICANT: Lone Tree Estates do Troy Hauer
PLANNER: Jacqueline Hatch
LEGAL DESCRIPTION: Lot C RE-3846 Pt NW4 of Section 27,T7N, R65W of the 6th P.M.,Weld County,
Colorado.
REQUEST: Lone Tree Estates PUD, Final Plan for three (3) lots with (E) Estate Zone uses
with the exception that two(2)cattle per acre allowed.
LOCATION: East of and adjacent to CR 43 and approximately 1/2 mile north of CR 76.
Jacqueline Hatch, Department of Planning Services, stated that the entire site comprises of approximately
24.5 acres. Lone Tree Estates is located east of and adjacent to County Road 43 and approximately '/:
mile north of County Road 76.
• The site is serviced by North Weld County Water District and individual septic systems. There is a
floodplain through the property. It takes up all of Lot 2 and the majority of Lots 1 and 3.
The Department of Planning Services is recommending that the applicant provide utility easements in
compliance with Section 24-7-60 and Section 27-9-40 of the Weld County Code.
The applicant is currently showing a 20 foot utility easement around the North, East and South perimeter
of the site and a 15 foot easement on the West perimeter along County Road 43. There is a total of 20
feet between parcels, 10 feet on each lot for drainage and utility easements.
Ms. Hatch noted that on the property line between Lots 1 and 2 there is an additional 10 foot easement
which is entirely on Lot 1 for the North Weld County Water District.
Don Posselt commented that the front easement is only 15 foot and everywhere else it is 20 foot. He
added that if that irrigation easement was usable for at least spoils then it would be alright. However,
since it is being limited to just for that irrigation line it only leaves it with the 15 foot easement in front.
Ms. Hatch commented that the Code states that there should be a 15 foot utility easement along the front
and 20 foot easement along the sides and rear. She added, however, that they can change that if the
Board wishes.
Mr. Posselt stated that he would like to keep it consistent at 20 foot along with the other easements along
the sides and rear.
Dave Snyder requested a clarification note be added to the right-of-way which states that there be a 40
foot right-of-way per Reception Number 2673003. He commented that by looking at it, it appears that it
• looks like there is no right-of-way there and it was dedicated for a full 40 feet. He also asked for a note to
be added at the bottom in parenthesis to state"(30 foot existing, 10 foot additional)" for clarification
purposes.
Robert Fleck referred to Lot 2 being in the floodplain and asked what they plan to do for septic systems
and buildings. Ms. Hatch replied that they would need to apply for Flood Hazard Development Permits
provided by the Department of Public Works. She said that they would review the site for flood and it
would need to be one (1) foot above flood elevation. She added that the septic systems would need to be
• engineered. Ms. Hatch indicated that the applicant is currently going through the LOMAR/FLOMAR
process on some of this property but is unsure of where they are at in the process at this time.
Don Magnuson moved to approve Case PF-1116 with the clarification of the right-of-way dedication along
County Road 43 and an expansion of the 15 foot utility easement to 20 feet along County Road 43.
Seconded by Robert Fleck. Motion carried unanimously.
Meeting adjourned at 10:15 a.m.
Respectfully submitted,
Kristine Ranslem
Secretary
•
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WATER SERVICE AGREEMENT
• (DEVELOPMENT - SINGLE SYSTEM)
THIS AGREEMENT is made and entered into as of the 25t` day of
, 20 0'}, by and between the North Weld County Water District, acting by
and through the North Weld County Water District Enterprise (hereinafter"District") and
Gary Mackey, (hereinafter"Developer'), of Mackey Circle, (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 Mackey Circle, located in
part of the NE quarter of Section 3, Township 7 North, Range 65 West of the 61h Prime
Meridian; 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 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.
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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 restricters,
etc.
1.5 The District estimates the water supply to have a normal pressure range
of one hundred ten (110)to one hundred thirty-five (135) 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 thirty-five (135) 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 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.
2.4 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.
•
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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 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 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, GIS mapping, Water Line
inspection, Tie-in 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$3,114.00. This payment
determined to be $120.00 of said Fee has been paid by the Developer on September 6
2006, and the remainder$2,994.00 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
ffnlots and/or Taps increases beyond the number initially established in
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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, 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 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.
2.14 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.
•
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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, 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 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 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".
•
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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.
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 Mackey Circle. Neither the
Developer nor any Lot Owner will construct, install or use a secondary or alternative
water system within Mackey Circle 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
1st day of March, 2008, 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.
• Initials: 60(1
N.\Subdivisions\02Pending Subdivisions Under 2 Yrs\Mackey Circle(9-1 I-06)'Mackey Circle_Revised(06-I3-07)doe
Page 6 of 7
1 11111 11111 1111 4 1111111111111111111111111111111111
3488523 07M6/2007 10:55A Weld County, CO
7 of 7 R 36.00 D 0.00 Steve Moreno Clerk&Recorder
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
• DEVELOPER:
ler /l��
By: By:
DISTRICT:
ATTEST: NORTH WELD COUNTY WATER DISTRICT
By: By:4Id/
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this j5 i day of
��`Suw , 2001 , by By0DU,us
Developer.
• Witness my hand and official seal. mwmn;
d�PNN. ..KOp
My commission expires: lo-i9/Lock '\�`'�OTARy
.
ZAStor ',ml ., PUBU�' 1p
Public ,vrF ...,......Q�e
OF CO
STATE OF COLORADO )
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 75h day of
, 20 Of4 , by C.ln,s\cs A,i.- e— as
President and a. t . w._ as Secretary of North Weld
County Water District.
Witness my hand and official seal.
PNN D. Koo,
My commission expires: \o-kR- toog ° 2s
-
.,. Pueoc .:0
Notary Public. ",�, '''''' �F
• pp
Initials: /,�Q/1 •
N:Subdivisions\02Pending Subdivisions Under 2 Yrs\Mackey Circle(9-I l.06)SMackey Circic_Revised(06.13-07).doc
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