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Home My WebLink About910421 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A PRIVATE RECREATIONAL FACILITY (BOATING AND CAMPING) IN THE AGRICULTURAL ZONE DISTRICT - WINDSOR SHORES, INC. , C/0 LARRY B. ECKEL WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 15th day of May, 1991, at the hour of 10:00 a.m. , in the Chambers of the Board for the purpose of hearing the application of Windsor Shores, Inc. , c/o Larry B. Eckel, P.O. Box 8236, Longmont, Colorado 80501, for a Site Specific Development Plan and Special Review Permit for a private recreational facility (boating and camping) in the Agricultural Zone District on the following described real estate, to-wit: Part of Sections 27, 28, 33, and 34, Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Larry B. Eckel, of Windsor Reservoir and Canal Company, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies and the Transportation Goals and Policies. The Urban Growth Boundary Area Section provides for the County to encourage land-use development proposals as 31 PL0837 Pl °E3 910421 Page 2 RE: USR - WINDSOR SHORES, INC. long as they conform to the desires of the affected municipalities. The Towns of Windsor and Severance have recommended approval of this request. The Transportation Section provides for the County to regulate access and require improvement of County roads when dictated by traffic demand and land development patterns. The Conditions of Approval and Development Standards will ensure that the Comprehensive Plan's goals and policies are met. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. Conditions of Approval and Development Standards will ensure compatibility with the existing surrounding land uses which include agricultural production, pasture, rural residences, oil and gas production, and a livestock confinement operation. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. d. The Windsor Reservoir is considered to be in the 100-year floodplain. No other overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for a private recreational facility (boating and camping) in the Agricultural Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 910421 Page 3 RE: USR - WINDSOR SHORES, INC. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording, the Special Review Permit plat shall be amended to show a 50-foot right-of-way reservation north from the centerline of Weld County Road 74. 4. Prior to operating the facility, the applicant shall provide evidence to the Department of Planning Services that the required law enforcement authority has been created and is in effect. 5. Prior to any construction, land leveling activity, or other earth work at the sites adjacent to Windsor Reservoir, the area shall be mapped for wetlands, and the wetlands and shoreline of Windsor Reservoir accurately delineated. After the wetlands and reservoir shoreline have been mapped, and prior to the placement of any permanent or temporary dredged or fill material into the wetlands or Windsor Reservoir, the proper Army Corps of Engineers permits shall be obtained. 6. Prior to recording the plat: a. The applicant shall submit evidence to the Department of Planning Services that the Weld County Health Department has approved a dust control plan for the internal roads. b. The plat shall be amended to show the elimination of the access from Weld County Road 21 to the camping sites and the changes in the location of the campsites and boat ramp because of the wetlands areas. c. The applicant shall submit evidence to the Department of Planning Services that the Weld County Engineering Department has approved a detailed entrance design for the entrance from Weld County Road 74. d. The applicant shall submit a screening plan to screen the boat storage area from Weld County Road 74. The screening plan shall be reviewed and approved by the Department of Planning Services staff. 7. An I.S.D.S. Evaluation shall be performed on any existing septic systems prior to issuing the required septic permits on the existing systems. 910421 Page 4 RE: USR - WINDSOR SHORES, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of May, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: 44441/194/14 WELD COUNTY, CO RAADOO Weld County Clerk to the Board ��na AYF c Gordon in By: -L��ItitNi - _t.) 6 y� .7--;_,. //VU// __az AYE Deputy lerk to the Board Ge/orr/ge Kennedy, Pro-Tem v- APPROVED AS 0 FORM: (207 i/(Y�FJ NAY ___ Constance L. Harbert C ... \_.;') �� Gt' 0,6�` 1' AYE County Attorney C. W. Kir y bi l i -' ,/,6a)AYE W. H. Webster 910421 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WINDSOR SHORES, INC. USR-943 1. The Site Specific Development Plan and Special Review Permit is for a private recreational facility (boating and camping) in the Agricultural Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers. 4. No boating shall take place between October 1 and March 31 of any year. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, CRS. 8. Bathrooms with adequate toilet facilities serviced by an approved sewage disposal system, are required for the proposed facility, and the systems shall be installed according to the Weld County Individual Sewage Disposal Regulations. 9. The septic systems for the caretaker homes and dump stations shall be designed and installed according to the Weld County Individual Sewage Disposal Regulations. 10. The internal roads shall be a minimum of 16 feet in width with a minimum 80-foot outside diameter for turnaround points. 11. All fuel storage tanks shall be bermed to contain the greatest amount of liquid possible that can be released from the storage tank in the event of spillage. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 910421 Page 2 RE: DEVELOPMENT STANDARDS - WINDSOR SHORES, INC. 15. Personnel from the Weld County Health Department, Weld County Sheriff's Office, Colorado Division of Wildlife, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 16. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 17. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 910421 HEARING CERTIFICATION DOCKET N0. 91-27 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A PRIVATE RECREATIONAL FACILITY (BOATING AND CAMPING) IN THE A (AGRICULTURAL) ZONE DISTRICT - WINDSOR SHORES, INC. , C/O LARRY B. ECKEL A public hearing was conducted on May 15, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated April 22, 1991, and duly published May 2, 1991, in The New News, a public hearing was conducted to consider the request of Windsor Shores, Inc. , c/o Larry B. Eckel, for a Site Specific Development Plan and Special Review Permit for a private recreational facility (boating and camping) in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Mr. Morrison also said there is a letter from the Secretary of State, which concurs with his opinion, regarding Commissioner Kirby's shares in the Windsor Reservoir. The advisory opinion of both is that he does not need to be excluded from this hearing. Lanell Swanson, Planning Department representative, read the Planning Commission's unfavorable Resolution of Recommendation into the record. Larry B. Eckel, president of Windsor Shores, Inc. , representing the applicant, explained the request in detail. He commented on water quality, the number of boats and permits to be allowed, berming and landscaping along Weld County Road 74, RV dumping site, photos of the motif, channeling to handle excess water, wildlife habitat study, noise level, distance of neighbors, areas of change on the map to eliminate the impact on the wetlands, the effort to be put forth to be a good neighbor, and construction. Tim Dow, Attorney representing Windsor Reservoir and Canal Company, spoke on the comprehensive lease with the ditch company, and he stressed that this facility will be for family recreation with strict control. He also said Mr. Eckel's past experience will help make a positive economic impact on the ditch company, and that all aspects will be in compliance with the Conditions of Approval and Development Standards recommended by the Planning staff. Manuel Pineda, stockholder of the Canal Company and surrounding property owner, presented and read a letter to the Board supporting said facility. Elmer Gustafson, president of Windsor Reservoir and Canal Company, said there will not be any guarantee as to the amount of water in the Reservoir. Larry Weatherly, Bruce Hilliard, Randy Hocking, Phil Yastrow, Judi Floyd, Louis LaMoine, Don Jones, Jim Baca, Rodney Anderson, Larry Haas, and Bill Johnston, superintendent of the Canal Company, all spoke in favor of this request. George and Mildred Nelson, Kent Reitz, Paul Lind, John Houstoun, (Change to Tape 91-11 during Mr. Houstoun's opposition) Harold and Dale Felte and Richard oxner all spoke in opposition of said request. Wendy Houstoun and Howard Smith, surrounding property owners, said they would not be opposed to limited day-time use, but they are very much opposed to the camping aspect of the facility. Mr. Houstoun was in agreement with this also. 910421 Page 2 RE: HEARING CERTIFICATION - WINDSOR SHORES, INC. Let the record reflect that at this time the hearing was adjourned for lunch, and upon reconvening Bruce Barker, Assistant County Attorney, became the attorney of record. Mr. Eckel made his final comments concerning fencing, which will be gated and locked, flooding, roads, maintenance, the proposed law enforcement authority, excess water which will be channeled to the lake, the area on the map delineated as wetlands, the wildlife study, which the State concurs with, storage, and the fact that approximately 1 to 1-1/4 miles of the 7 miles of the site will be used for the campground. Chairman Lacy asked if this Permit would have a time limit. Ms. Swanson said it would not. Mr. Eckel, in response to questions of Chairman Lacy said the only access and control point would be on Weld County Road 74, the maximum depth of water needed for boating would be 10 feet, and the septic system would be maintainted by a local sanitation company. Commissioner Harbert questioned the safety of Weld County Road 74 since the proposed straightening will be delayed. In response to Commissioner Webster's question, Mr. Eckel said that last year Union Lake had 2-1/2 feet more than Windsors' . He also said there is a proposed channel from the end of the boat ramp to the lake to handle fluctuation of the water level. In response to Commissioner Harbert's question, Mr. Eckel said that he is not aware of any municipality owning shares of Windsor Reservoir. Mr. Dow commented on the fencing of the area around the inlet for safety purposes, and said again that this will be a non-intensive use, of which the County will have control. Mr. Barker clarified that a law enforcement authority must be created. Chairman Lacy read Condition of Approval 114 concerning said authority. Commissioner Harbert asked Mr. Eckel what his estimate of usage would be for said facility on a normal weekend. Mr. Eckel said, based on Union Reservior which is larger than Windsor, he would guess approximately 66 vehicles, including re-entry vehicles, per weekend. Commissioner Kirby said he feels this facility will have a minimal impact on the area. Mr. Eckel answered further questions of the Board concerning maintenance regulations on weed control and fires being maintained in fire pits with strict design standards. He also said the boats would be in fenced areas which will be secured and lit at night. There was further discussion regarding screening, and Mr. Eckel said they would be willing to plant poplar trees with backup trees as well. He said the area will be designed according to the number of boats the Reservoir can handle, and the rates adjusted accordingly. Commissioner Kennedy read the USR Standards into the record and moved to approve the request of Windsor Shores, Inc. , c/o Larry B. Eckel, for a Site Specific Development Plan and Special Review Permit for a private recreational facility (boating and camping) in the A (Agricultural) Zone District, based on the recommendation of the Planning staff, with the Conditions of Approval and Development Standards as entered into the record. The motion was seconded by Commissioner Kirby. After further discussion concerning the screening, Ms. Swanson read suggestive verbiage into the record for an addition to Condition of Approval 116. Mr. Eckel said he had no problem with said verbiage. After Mr. Barker reviewed Roberts' Rules of Order, Commissioner Kennedy moved to approve the addition of Condition of Approval 116d to read as follows: "The applicant shall submit a screening plan to screen the boat storage area from Weld County Road 74. The screening plan shall be reviewed and approved by the Department of Planning Services staff." Commissioner Kirby seconded the motion, which carried unanimously. The previous motion, to approve said request, carried on a four-to-one vote with Commissioner Harbert voting nay. 910421 Page 3 RE: HEARING CERTIFICATION - WINDSOR SHORES, INC. This Certification was approved on the 20th day of May, 1991. APPROVED: ATTEST: An,„4/0/ALL BOARD OF COUNTY COMMISSIONERS WELD COUNT , COLORADO Weld County Clerk to the Board By: da t-A d j �( G r . L cy airman Deputy Clfk to the Board Georse ennedy, Pro-Tem - TAPE 1191-10 & 1191-11 (167 , Constance L. Harbert DOCKET 1191-27 C. W... Kr,9ir y PLO837 l ) t tl W. H. Webster 910421 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 15th DAY OF May , 199$: DOCKET I 91-24 - DYER, WENDY A. - USR DOCKET I 91-27 - WINDSOR SHORES, INC. , C/0 ECKEL - USR DOCKET # DOCKET / DOCKET # PLEASE write or print your name legibly, your address and the DOC A (as listed above) or the name of the applicant of the hearing you are attending. . NAME ADDRESS HEARING ATTENDING /J"t�e-A. 5efri e"e412 rld't eit. L /a vyrlyy C:j6- u a Swif f 6�end0. A 6E1 -)ZCZ6y�kell If C / / L�`ffle� %1 CO CI 23 & /0dicr 5Goref � , � / � /7` oZfO `� A'A.a'Ci F�( c I/� 2fi',�..,.6 ,-n u. .5'.Y r)}Go' 1/7z V),-01.- V)/G,, s ��,l Ra 4.0.8 2)2- AA/6'4_, iiV),-01.- �! 9A9-1-,,C-2-ci-rt_/ 7/1. .. 0 I/O e 7C 72-/ A41.1.4.--t-/ / / Lot,( ��"e /4‹11-611 r `� 79101 LUCg7g (4,1 A019or (.t);�tso >h.rrj j" del, elasosz itl;w.>Y,4: 3AL<if,-T: '( (id r a' - �5 ''• � /4,,;-.0 ,.z suers i /i°�r -�i-iti 1-2 4 .fry. 7/af iO • L�GY Set �"r't..1 l C..°`.�J ,-.-. , iV Y Ai,- 14..- N V. A// /a.' :cif/G.,frE o t�✓�� L-c t e-en ✓ 3 S-99 3 4- 7R 64 D 3 ? t:42 nj a�c` lI S ,�/�`�e U.05 @ Pi, CDlltur-s Wit'Ai SOa' 9 L�,rC c) An,'J- 3;z:: c 44, t -- FC ,, gyP ,-„,:cc /a D -7 L Kli 7 y C�� b 14 AjnatAA Ps/ 0 Sine M..7? /I "V/r//6/1/ friseiker JAW/— ✓_TK�19 6 S j A1/4/711// 4 1/7/ 2)) Ail l,t/: 44-151 /•✓.IJSFT c. 9 F..�rva-e..- ILL iI, crA �` cOota Let.., Lt WL 1) ,ASo. co WinelSOP -C km ray 910421. ? _ _ PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on May 15, 1991, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Windsor Shores, Inc. c/o Larry B. Eckel Windsor Reservoir and Canal Company P.O. Box 8236 Longmont, Colorado 80501 LEGAL DESCRIPTION: Part of Sections 27, 28, 33, and 34, Township 7 North, Range 67 West, and part of Sections 3 and 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Private recreational facility (boating and camping) in the A (Agricultural) Zone District SIZE OF PARCEL: 950 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD • BY: vsj/DL, Deputy �erk to the Board PUBLISHED: May 23, 1991, in The New News 910421 910 STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David H. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a mmuctemas �m1tyy newspaper within the meaning of the The Board o< Weld_Cowty, act of the General Assembly of the Colorado, on Mrwedl5,a Site State of Colorado,, entitled "An Act ioona°Dev¢topPpment Plan and i¢µ, P¢rnat for the to regulate the printing of legal �wertt� a�Pi purpose desc nbed notices and advertisements, " and plan ¢coatisi Wviracle d amendments thereto; that the notice rent C.R.S.,asaae'ded, or nod of three Years. Shores, of which the annexed is a printed Ie Lodo u� eBa Eckel wndaor copy taken from said newspaper, was illAr or r UM, t Compact; wng<n P.O. Boi M Part published in said newspaper, and in ot Colorado D SCRIFn�: a� the regular and entire issue of sTta� 'nelsons, d Mst every number thereof , TowoaluP 9 Norm, Id aaa 4, 1 of the 5th P.M., We Colorado AND INTENSITYRva e once a week for DSE; successive weeks; that said notice �man FEormal Will ((�tatire a was so published in said newspaper SITE OFcPARCEL: 950 acres, proper and not in any supplement more or to less thereof , and that the first abide by the terms and conditions of approval ww v¢s. . in a forfeiture of the publication of said notice as propeRyR5MROA�ohnssIC°oNEss aforesaid, was on theCOUNTY,CLERK TO�A ADO BY:DONALD i B Clete b B Bthth ard �3 day of �� ) 19 . PORf�ryMay 25. 1551, m .�¢New Neva and the last on the � day of a <c) �Ji' E 7. Subscribed and swo n o before me this o_lt day of , 19 7/ . 91.C421�,,tiK.« et) .10,,.. i.__ 9.7 Commission expires March 15,1992 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET N0: 91-27 APPLICANT Windsor Shores, Inc. c/o Larry B. Eckel Windsor Reservoir and Canal Company P.O. Box 8236 Longmont, Colorado 80501 DATE: May 15, 1991 TIME: 10:00 a.m. REQUEST: Site Specific Development Plan and Special Review Permit for a private recreational facility (boating and camping) in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of Sections 27, 28, 33, and 34, Township 7 North, Range 67 West, and part of Sections 3 and 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: North of the Town of Windsor; north of Weld County Road 74, and west of Weld County Road 21 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly Miller Deputy Clerk to the Board DATED: April 22, 1991 910421 PUBLISHED: May 2, 1991 in The New News (xf1,b ;f . STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David B. Reynolds, being duly sworn NOTICE�wsolthe Y g Y Parauant to the o an says that he is publisher of �;igColoradoakaeP° the bead's wil be held m The New News, a weekly newspaper cnsmbera of the Kara°[ county published in Keenesburg in said County cola�uneao1w AcoanStyattM'?centenn+al and State; that said newspaper has a center, sls l�oloranot,•ai ua'itc Flow• Gr aLeY'All persons in any andgeneral has beenulation in eontinouslyaid andCounty ceirEete ^+tr� P�^ and Special Renew Permit are uninterruptedly published therein, requested to attend and mar be during a period of at least SShahou`lld the apd. licant�ae a� fifty—two consecutive weeks prior to interested of eV- r�PO 1 to the first publication of the annexed makedition to I* Prme�°iha in addition to the taped. notice; Chit said newspaper 15 a which will a kept he B rte. �i a awl] be advise in RwririWg newspaper within the meaning of the of 'such action at lae�c�tyS Pt act of the General Assembly of the pnortolBecW hearing. ,Loll be State of Colorado,. entitled "An Act ��ht� ill me to regulate the printing of legal tat andmap�OSe c`�m�a�a notices and advertisements, " and roy �aaaCler8 to the � office of county amendments thereto; that the notice ei ild "yrste�nt0C8er�ial cat We 15th Scree. Third Floor, of which the annexed is a printed 9r1�5t�1�Colorado. copy taken from said newspaper, was AP' pLICAINiTT:91wkMsor Shores published in said newspaper, and in Wndaor�Resp.°.rrY and dal the regular and entire issue of Ic(,°o"nW°an"y«t calaaa°°°t°1 DAM; May 15,1991 every number thereof , TIME:10:00a.m. site sealr Dbe"tewpmpeitnitEa[oraae Pri a a once a weak for �reaiS�in t_ iibai�urall successive weeks; that said notice Zone District DESCRIPTION: pa'st's of was so published in said newspapertlova27 e• �• as 34, proper and not in any supplement Ta,°d"`pa?t7ase°�°°°eee wa'a anwnsldp s Nor[b,Ranfl thereof , and that the first of the 9th P.M., wells cowdY, publication of said notice as Colorado Iporado North of the Town of aforesaid, was on the Rad 74 north of Weld County Windsor:and west of Wekl County Raa21 gpARDM DFSSIpOI�AS day of rn CL , 19 , BY°mNAiDbC°wARD WELD COUNTY CLERK an and the last on the D. des of BY; Shelly Miller Y Dep��Y,clerk to the Board 'InD�Lp�^�,•,.Yd,19911991 in The May 2, � . 7,____aiss ltd � , � New News �c/T�—� Subscribed and sworn to before me this day of itA-Lutd^ , 19_24.. 47n-r,.._ ft 1.Q.r..-....iew 910421 My Commission expires March1,3 Icn, l j 7p J7) G oCeic V� ,..."•-- LA)C,c-kC a At -.‘.(:;, .4)1.1„-. xs.z...), ro"% f 4 •Y i ‘L W uA'kSt _.) tN:, qL C6 1)0,5c, • r)1tirrir‘SIA1cam d .1?kkiippC1:0. 11 ' �a, �A 41� w�A L 0Au. . ciao a UuQ.�f .+ra. ‘.► K. ' �-� J � `$\a�� 0,.)o�d y a g t.�. nn 15\-p o _ k\ k 1 . V I0. r ! P, i 1 -).� k�- _t P ‘,.., r ' M A 1if n;t ^•n (1 n') -\rte .fie 4. c;: .•��' N / ��j�� I1. 'L l_'�-�' s- i�. iJ• • LX11�'S*L {..` . 13�N� ( 1 e oppc sr\. ),\ sue. Q ...xg.z..0.c l QA4. --1 cak4,,,,\2612‘J.2)1/4pP4 0\''Nc\z6-1, 51- LO L,-;-&-C.\3Q reolyikA46 cfv\ ctuoct-ti,„ ---\\-a--v\a_\\ L...)A!:.\\C) ,),..1,141er...i, -k-\\Q . � , pull) WL,sk) ---t\\,szxc $)„,N. N-4 t4, � / i pO,-,33k,t:13--C' T j , _ .,ek<-\ 6.-11.-k-IP ..\\Vk \\U)i-YILk'Q (1)11',)\QC i\IL-Q.1) -..)\Qcplap;/. --N,\-_,\ ,DA(53•-0 iyQx.,(A ,Si ...)v..).-01.4 4\1P-A 1-\-\mo-‘,.- Lc of b 'G -.. ..r. ..cuipcy\N‘r\ .. ,,Q.,QQ):.),g) t_3)t,),;(1:_\xxx.. . \-\o\D_ u,)-4.,' (:' 6 ��. a ).:!,;(1d 412) ur�c�, Cv� 4\-A �u37� .t. , Cyr:. . . �,2,.:_, , t,.,-1.1n41 �. \\ ; ' ) ,,\ . ; U 4\\\1- : EXHIBIT 910421 T0 : WELD COUNTY BOARD OF COMMISSIONERS 14 May 1991 RE : WINDSOR RESERVOIR &__CANAL_COMEANY r` E HIBIT AND LARRY ECKLEVA==SPECIAL REVIEW FERMI LADIES AND GENTLEMEN OF THE BOARD: r:.rin.s I 34 y rS 1 CO, .+.r. a Kea G`. My name is Manuel Pineda , my address is 35065 Weld Co .Rd . 19 , Windsor Colo . I would like to speak in support of the Special Review permit for Larry Eckles and the Windsor Reservoir & Canal Company. As a stockholder of the WR&CCO . , __I am representing myself , Pineda & Sons Farms Inc . , and the other 284 stockholders of the WR&CCO . , who are also taxpayers and voters in this county . A40� as First , for the benefit of the commissioners , and other interested p am going to give you a brief history of the WR&CCO . The WR&CCO . was incorporated as a non-profit organization, and mutual ditch irr- igation company in 1890 , and has been operating for the past 101 years . The Company owns 6 major water storage reservoirs in Larimer and Weld Counties , storing approximately 60,000 acre feet of water . It delivers water to over 50 ,000 acres of land, and maintains ver ,60 miles of main canal from the Cache La Poudre river canyon to east ofanewColorado . Approximately 285 stockholders own the 1 ,000 shares of stock in the WR&CCO. Up to 1988 the Board of Directors of the WR&CCO . had maintained.ery conser- vative assessment of $180 .00 per share on the 1 ,000 shares . In 1990 the Company Board of Directors proposed and got an assessment of $250 .00 per share , an in- crease of almost 39%! The $250 .00 assessment was also applied for 1991 . These increases were due mainly to the rehabilitation of 2 reservoirs and an increase in a lot of the other operating expenses of the company. Also , in 1990 the WR&CCO. applied and received a loan from the Colorado Water onservation Board for approximately $700 ,000 .00 , for the rehabilitation of these reservoirs . From January of this year , 1991 to the 15th of May, the WP..&CCO . has incurred a debt of over $600,000 .00 in engineering and construction costs . It is axpected that cost over runs will take it up to about $800 ,000 .00 . The WR&CCO . has not been this deep in debt since the depression days of the 1930 ' s ! The WR&CCO . has got to look for other sources of income to supplement the assessments collected from the stockholders . I'he leasing of the Windsor Reservoir for water recreation is an ideal and ex- aellent opportunity for the WR&CCO . to generate some extra revenues to help pay the increases in the operating and capital expenditures of the Company . Water elated sports and water recreation activities are touted to be the Number 1 tourist industry in Colorado . Its about time that some of us in agriculture in this area got our share . "' 910421 << rip 15 May 1991 Larry Eckels proposal for his boat club and construction of facilities around the Windsor Reservoir should not be denied . The projected income from the first three years lease is over $100 ,000 .00 . Those dollars are going to be mighty welcome when the payments are due back to the Colorado Water Conservatil Board for its 25 year loan with interest . c"-ava o`4t /uo-�.� 7"4"/"yy. e" 7-' Aifrikt k , e' ',0-em , i ��L= r r@ate `7 ?et, •L e`ks4 , +cai�I�J ea? cle E Higher commodity and livestock prices are the only answer to the stockholder ' s questions of where is the money coming from to pay this unavoidable debt . The Weld County tax assessor might justify his reasons for increases in the tax evaluation notices based on higher commodity prices , but we are not im- pressed . Any increase in commodity prices has been negated and eroded by the higher prices paid for gasoline ,diesel , oils and fertilizers and other supplies consumed in agricultural operations . The natural resources of the WR&CCO . , the waters , should be used OERNEO. to the maximum for the economic benefit of the stockholders and to assist us through this troublesome financial time . Reservoirs and lakes are being leased out all up and down the Front Range and in Eastern Colorado , to the public and private clubs , and mostly by irrigation companies . I do not need to remind the commissioners what happens when irrigation farmers LLIget into financial trouble .A� / The &WRCCO. is/ not immune s or exempted from the fate that has befallen the Water Supply & Storage Company and to a certain extent the North Poudre Irrigation Company north of Fort Collins , where 2 different municipalities own or control a maior part of their stock . The WR&CCO . is a very valuable water right . Currently, some farmers and water brokers have made trades and money exchanges with Big T, on a acre foot per acre foot trade , or dollar per dollar value . 9e- We are satisfied that Larry Ecklem has addressed all the relevant concerns and questions that have been raised , and we totally support his proposed plan as he has presented it . We respectfully recommend to the commissioners that they approve the plan . . I will try and answer any questions from the Board of County Commissioners . Thank you . 910421 CC _ 71 `,Y 15 i1 e. 37 36835 Weld County Road 21 TO iliEEC;'_.-: Windsor, CO 80550 May 4, 1991 To Weld County Commissioners Greeley, Colorado I own and operate land adjacent to the east side of Windsor Reservoir; I also cash rent and farm land belonging to Windsor Reservoir Company. For that reason I am using this method to express my point of view, since we may not be in agreement on the use of the Reservoir for recreation. I am opposed to the plan because I believe a large influx of people will drive off the resident goose population, consequently, effecting goose hunting in which I have an economic and esthetic interest. I believe it will also drive off other wildlife which consists of large numbers of pelicans, some deer, coyotes and fox. I am concerned about trespassing and liablity problems in my farming operation. It is my understandng that they will use the Larimer and Weld Canal road through my property far access which can create problems. Prior to moving to this farm I farmed land adjacent to Fort Collins and found that farming and concentrated numbers of people do not mix. Richard H. Schlagel 7? ``9lc4a4B<;/2gd°p-7 910421 --L10-1 / 1) / 4-Ai 11n- 9-91 TNU 8:21 ENSR FT COLLINS FAX N0, 3034930213 P, 02 • �et�(( deb. DEPARTMENT OF THE ARMY / _: f r/Q�i�\` 1�2 CORPS OF ENGINEERS,OMAHA DISTRICT c: -� I Io ; TRI-LAKES PROJECT OFFICE,93O7 STATE HWY 121 _ L'(_L,i 1� /•f LITTLETON,COLORADO 80123.6901 7 Q H i sAvro April 23 , 1991 Ar ytof1 OF V Regulatory Branch4 rn f;� 9,cdp rP Mr. Phil Hackney <9ni� ENSR 1716 Heath Parkway �1,�r�Q Fort Collins, CO 80524 FJ . , R, : Nationwide Permit No. CO-91-80 Dear Mr. Hackney: Reference is made to your wetland delineation and map which concerns the proposed Windsor Shores Recreational Facilities on behalf of Larry Eckel . This project will require the filling ,of approximately . 32 acres of Windsor Reservoir ,for a Breakwater and road, and boat ramp.* Also, the filling of approximately .06 acres of wetlands for camp sites , All located in 34 , T-7-N, R- 67-w, Weld County, Colorado. Based on the information provided, this office has determined that the ,: .proposed ,. work ,. A.s :=;:authorized_-, ,by ,the Department of the .Army -Nationwide Permit found .at 33 CFR fart 330 , 5(a ) ( 26 ) . Enclosed is a fact sheet which fully describes this Natlonwide Permit and lists the Special Conditions which must be adhered to for this authorization to remain valid. Although an Individual Department of the Army Permit will not be required for the project, this does not eliminate the requirement that other applicable Federal, State, or Local Permits be obtained as required. Please note that deviations from the original plans and specifications of the project could require additional authorization from this office. Should at any time it become evident that either an endangered species or its critical habitat exist within the project area, this office must be immediately notified. This verification will be valid until the nationwide permit is modified, reissued, or revoked. All the nationwide permits are scheduled to be modified, reissued or revoked prior to 13 January 1992. It is incumbent upon you to remain informed of changes to the nationwide permits . We will issue a public notice announcing the changes when they occur. Furthermore, if you commence or are under contract to commence this activity 91y421 MAY 9 ' 91 8 : 21 3034930213 PAGE . 002 —With/ f M MY- 9-91 THU 8:22 ENSR FT COLLINS FAX N0, 3034930213 P. 03 µe,' Page 2 F„ Permit No. CO-91-80 s` before the date the nationwide permit is modified or revoked, e ' you will have twelve months from the date of the modification or revocation to complete the activity under the present terms and conditions of this nationwide permit. If there are any questions concerning this matter, please feel free to contact Terry McKee at ( 303 ) 979-4120 or 4121 and reference Nationwide Permit Number CO-91-80 . Sincerely, TIMO• Y Project Manager Enel cc: Permit Files Omaha Permits Branch Colorado Department of Health U.S. Fish and Wildlife Service Environmental Protection Agency Colorado Division of Wildlife i t 910421 MAY 9 ' 91 8: 21 3034930213 PAGE . 003 MAY- 9-91 THU 8:22 ENSR FT COLLINS FAX N0. 3034930213 P, 04 - FACT sliEsS #26 e.' 33 GEE Section 330.5 Nationwide Permits E" FY (a) Authorized Activities. F (26) Discharges of dredged or fill material into non-tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters; and other non-tidal waters of the United States, including adjacent wetlands, that are not part of a surface tributary system to interstate vaters or navigable waters of the United States (i.e., isolated vaters), except those discharges which cause the lass of substanital adverse modification of 10 acres or more of such waters of the United States, For discharges which cause the loss or substantial adverse modification of 1 to 10 acres of such waters, including wetlands, notification to the district engineer is required in accordance with 33 CFR Section 330.7- (b) Conditions: The following special conditions where applicable must be complied vith for the Nationwide Permit authorization to remain valid: (1) That any discharge of dredged or !fill material will not occur in the proximity of a public water supply intake- (2) That any discharge of dredged or fill material will not occur in areas unless the discharge isdirectly related of concentrated shellfish production to a shellfish harvesting activity authorized by 33 CFR Part 330.5(a)(4).(3) That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act (ESA), or destroy or adversely modify the critical habitat of such species. (4) That the activity shall not significantly disrupt the movement of those species of aquatic life indigenous to the vaterbody (unless the primary purpose of the fill is to impound water). (3) That any discharge of dredged or fill material shall consist of suitable material free from toxic pollutants (see Section 307 of the Clean Hater Act) in f toxic amounts. (6) That any structure for fill authorized shall be properly maintained. (7) That the activity will not occur in a component of the by Congo na s gild and Scenic River System; nor in a river officially designated the raver is is an "study river" for possible inclusion in the system, official study status. ' (8) That the activity shall not cause an unacceptable interference with navigation. I � erties which t (9) Thar, if the activity may adversely affect historic Prop the National Park Service has listed on, or determined eligible for listing on, the National Register of Historic Places, the permittee will notify the district engineer. Furthermore, that, if the permittee before or during Prosecution of the work authorized, encounters a historic property that has not been listed or determined eligible for listing on the National Register, he shall immediately or notify the district engineer. MAY 9 ' 91 8: 22 3034930213 PAGE . 004 910421 s MAY- 9-91 THU 8:23 ENSR FT COLLINS FAX N0. 3034930213 P. 05 (10) That the construction or operation of the activity will not impair reserved tribal rights, included, but not limited to, reserved water rights and : treaty fishing and hunting rights. E: 33 CFH Section 330.6 Management Practices management (ce In addition ow the conditions m ons�extent practicable, in orderecified above, the gto minimize practices shall be followed, to the the adverse effect of these discharges on the aquatic environment. Failure to comply vith these practices may be cause for the district to engineer t recommend, or the division engineer to take, discretionary authority regulate ty on an individual or regional basis pursuant to 33 CFR 330.8. (1) Discharges or dredged or fill material into vaters of the United States shall be avoided or minimized through the use of other practical alternatives. - (2) Discharges in spawning areas during spawning season shall be avoided. (3) Discharges shall not restrict ar impede the movement of aquatic species indigenous to the vaters or the passage of normal or u aseexpected t dthegfillows is or cause the relocation of the water (unless the primary purpose rP f to impound waters). (4) Yf the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized. • (5) Discharges is wetland areas shall be avoided. (6) Heavy equipment working in wetlands shall Be placed on mats. F (7) Discharges into breeding areas for migratory waterfowl shall be s avoided. (8) All temporary fills shall be removed is their entirety. 1. P • s �` �p . . 4 1 4 i , l L • 9104`21 i . fa MAY 9 ' 91 8: 22 3034930213 PAGE . 005 Windsor Shores Recreational Facility Windsor, Colorado EPRit Wildlife Impact Evaluation Windsor Shores Recreational Facilities ENSR Consulting and Engineering May 1991 Document Number 7328-001 910421 Ems ENSR Consulting and Engineering 1"16 Ifeath Parkway Fort Collins. CO 8052.4 May 8, 1991 (303).93-8878 (303) 493-0213 (FAX) Mr. Larry Eckel Windsor Shores Recreational Facility Windsor, CO Re: Wildlife Evaluations; Windsor Shores Recreational Facilities Dear Larry, Enclosed is a report summarizing our wildlife evaluation for the proposed Windsor Shores Recreational Facilities. The report is based on a field visit and agency contacts. If you have any questions, please give me a call. Sincerely, Eric Berg Wildlife Biologist EB/ri Ref: 7328-001.W01 Enclosure 91€421 7328-001 - WILDLIFE IMPACT EVALUATION WINDSOR SHORES RECREATIONAL FACILITIES Prepared for WINDSOR SHORES RECREATIONAL FACILITIES Windsor, Colorado Prepared by ENSR CONSULTING AND ENGINEERING Fort Collins, Colorado May 1991 910421 SUMMARY OF WILDLIFE RESOURCES POTENTIALLY IMPACTED BY CONSTRUCTION AND OPERATION OF THE WINDSOR SHORES RECREATIONAL FACILITY Project Description - The proposed development would be located on New Windsor Reservoir, a large irrigation reservoir located 3 miles north of the town of Windsor. The project consists of the construction of permanent campsites, a boat ramp, and associated facilities. A permanent caretaker's house - would be located at the southern tip of the reservoir. The prime use of the proposed development would be for recreation (camping, boating, fishing). Recreational use of the area would be restricted to April 1 to October 1 of each year. No recreational use (fishing, boating, - picnicking, camping, or any other use) would be permitted between October 1 and April 1 of each year. No hunting or target shooting would be permitted on the reservoir development at any time. New Windsor Reservoir has approximately 6.6 miles of shoreline. The proposed development would cover approximately 2.2 miles of the eastern shoreline. The vegetation on the eastern shoreline is dominated by grassland that contains a mix of native and introduced species. The surrounding land is utilized for agriculture. Existing Wildlife Resources Waterfowl Closed to hunting and most disturbances, New Windsor Reservoir is an important waterfowl wintering area (Szymczak 1991; Wagner 1991). The dominant wintering species include Canada _ geese and mallards. The reservoir often provides wintering habitat to thousands of Canada geese and lesser numbers of other waterfowl species. The hunting associated with the wintering geese on the reservoir provides recreation to hundreds of hunters and income to local _.- communities and farmers. The most important wildlife feature of New Windsor Reservoir is the wintering waterfowl habitat that it provides. New Windsor Reservoir provides resting/feeding habitat to a wide variety of waterfowl species during the fall and spring migration periods. No information is available on the number or species of waterfowl that utilize the reservoir during migration. However, the number of birds utilizing the reservoir in the fall and spring is much smaller than the number utilizing the reservoir in the winter. New Windsor Reservoir provides poor habitat for nesting waterfowl. The reservoir is surrounded by a narrow strip of overgrazed grassland. The surrounding land is dominated by irrigated corn fields and a few alfalfa fields. The absence of nesting cover and the thin strip of nesting habitat likely make waterfowl nests very vulnerable to predation. A field visit (May 3, 1991) revealed a - Canada goose nest lost to predation along the eastern shoreline of the reservoir. No goose nesting platforms are located along the reservoir. Based on the field reconnaissance (May 3, 1991), approximately 8 to 10 Canada geese pairs are currently using the reservoir for - nesting. Two of these pairs are nesting along the eastern shoreline in areas proposed for campsite development. Other nesting waterfowl on the reservoir are uncommon. Several pairs 1 910121 of mallards were observed around the reservoir (May 3, 1991), but it is not known how many are nesting on the reservoir. Waterbirds and Shorebirds Windsor Reservoir and its shorelines and mudflats provide habitat to a wide variety of shorebirds and waterbirds. The highest diversity and number of wetland birds using the reservoir likely occurs during the spring and fall migration periods. Wetland birds utilize the reservoir mainly for feeding and resting. Common and highly visible birds that utilize the reservoir include the white pelican, double-crested cormorant, great blue heron, western grebe, herring gull, and killdeer. Many other species can also be found utilizing the reservoir and associated mudflats. No white pelican nesting areas occur on the reservoir (Wagner 1991). White pelicans utilize the reservoir for resting and feeding. No heron or cormorant rookeries are located on the reservoir. Herons and cormorants utilize the reservoir for feeding and resting. It is unlikely that any western grebes nest on the reservoir. Western grebes also utilize the reservoir mainly for resting and feeding. The most common nesting shorebird using the reservoir is the killdeer. It is not known if any other species nest on the reservoir. Mammals The shoreline of New Windsor Reservoir provides limited habitat for mule deer. The riparian forest on the reservoir's west-central shoreline provides the only substantial deer hiding cover. The most common predatory mammals occurring along the shores of the reservoir include the coyote, red fox, and raccoon. It is not known if any active coyote, fox, or raccoon dens exist around the reservoir. However, based on the presence of abundant predator sign, it is likely that active dens occur around the reservoir and in the general area. The cottontail rabbit is likely the _ most common small game mammal occurring around the reservoir and the muskrat is likely the most common furbearer present around the reservoir. The shores around the reservoir provide habitat for a wide variety of other small and medium-sized mammals. Threatened, Endangered, and Sensitive Species The bald eagle utilizes New Windsor Reservoir as a winter feeding and roosting area. Bald eagles concentrate on the reservoir to feed on dead and wounded waterfowl. Up to 20 bald eagles have been observed roosting in cottonwood trees on the northwest side of the reservoir (Wagner 1991). No nesting bald eagles occur on New Windsor Reservoir or in the surrounding area. The peregrine falcon could utilize the reservoir as a feeding area during migration periods. It is not known if any peregrines have ever been sighted at or near the reservoir. No nesting peregrines occur in the general region. A wide variety of raptor species could potentially utilize the reservoir and shoreline. Ospreys have been observed feeding on fish in the reservoir during spring and fall migrations. No nesting osprey occur on the reservoir. During a field reconnaissance (May 3, 1991) no raptor nests were observed on the shores around the reservoir. The prairie dog town located on the reservoir's northeast shoreline has the potential to support a nesting pair of burrowing owls. However, it _ 2 91C-1 is not known if any burrowing owls occur in the prairie dog town. An active Swainson's hawk nest is located in a large cottonwood adjacent to the Eaton canal and across from a farmstead in the northeast quarter of Section 34. This nest is located approximately 0.3 mile from the nearest proposed campsite and 0.1 mile from the proposed access road. No other raptor nests are known to occur within 0.5 mile of the proposed project. Project Impacts Waterfowl No impacts to wintering waterfowl would occur from project construction and operation because all activities would be restricted between October 1 and April 1 of each year. Activity around the caretaker's house on the southern tip of the reservoir could diminish waterfowl use in this area. However, this would be a minor impact. Impacts to migrating waterfowl (during September, April, and early May) would depend on the number of boats utilizing the reservoir during the migration period. The presence of numerous boats could force migrating waterfowl off the reservoir and onto nearby lakes and reservoirs. It is likely that the volume of boats using the reservoir would be lower in the fall and spring than during the warmer summer months. However, some migrating waterfowl would be displaced by recreational activities. Impacts to nesting waterfowl would be minor because of the low waterfowl production currently occurring on the reservoir. Waterfowl that do nest on the reservoir, especially those in areas of development, would be displaced. Waterfowl use of the reservoir during the summer would decrease because of the recreational activity. Birds would be displaced to other water bodies during periods of heavy recreational use. No significant population losses would occur from project construction and operation. Waterbirds and Shorebirds Most project impacts to wetland birds would occur during the migration and summer periods. Birds would bE displaced by recreational activities onto other reservoirs and lakes. The degree of displacement would depend on the volume of recreational use. Birds likely would continue to use the reservoir when recreational use is light. Even during periods of high recreational use, portions of the shoreline likely would remain relatively undisturbed. These areas would continue _. to support birds. Due to the ready food source (carp and other fish), pelicans and cormorants probably would continue to utilize the reservoir during periods of low recreational use (early mornings, weekdays). The mudflat areas adjacent to the proposed campsites on the reservoir's eastern shoreline probably would receive less use by waterbirds. Construction and operation of the proposed project would not cause any significant population declines for any waterbird or shorebird species. 910C2A 3 Mammals _ The reservoir has limited value as habitat for mule deer. No major impacts to mule deer would occur from project construction and operation. Any donning coyote, fox, or raccoon that exists along the eastern shoreline would be displaced by campsites and recreational activities. A _ portion of the prairie dog town along the northeastern shore would be destroyed by project construction. Habitat would be lost for a variety of small and medium-sized mammals where campsites and roads would be developed. Recreational activities, people, and pets likely would _ displace some predatory mammals from adjacent shoreflnes around the reservoir. Project construction and operation would not cause any significant population declines for any mammal species. Threatened, Endangered, and Sensitive Species No impacts to wintering bald eagles would occur from project construction and operation because all activities would be prohibited between October 1 and April 1 of each year. No impacts would occur to the peregrine falcon from construction and operation of the project. Recreational activities could displace raptors from feeding and nesting areas during migration and summer periods. Impacts to the Swainson's hawk nest located near the project access road and campsites are difficult to assess. Increased traffic associated with project operation could displace the nesting pair to a less disturbed area. Construction activity during the nesting season could cause nest abandonment and a loss of 1 year's production. However, this nest is located along a canal access road and is within 300 feet of the Schlagel farmstead, corrals, and associated facilities. No significant population declines for any threatened, endangered, or sensitive wildlife species would occur as a result of project construction and operation. Summary Impacts to wintering wildlife from construction and operation of the proposed project would be reduced by restricting recreational activities from October 1 to April 1 of each year. Recreational activities would displace wildlife from the reservoir between April 1 and October 1 of each year. The severity of this displacement would vary according to the level of recreational use. No significant population declines for any wildlife species would occur because of project — construction or operation. However, the value of the reservoir to wildlife would decline with construction and operation of the proposed project. Although this decline is difficult to quantify, it is our opinion that it would not significantly impact species on a population level. References Szymczak, M. 1991. Colorado Division of Wildlife. Waterfowl Biologist. Personal Communication with E. Berg, ENSR Consulting and Engineering, May 6, 1991. Wagner, J. 1991. Colorado Division of Wildlife. District Wildlife Manager. Personal Communication with E. Berg, ENSR Consulting and Engineering, May 6 1991. 4 91C I:1. APPENDIX A Letters - A-1 916421 r rlY7h3j - , .I oar 112) . STATE OF COLORADO REFER TO Roy Romer, Governor OP 0 7 1991 _ DEPARTMENT OF NATURAL RESOURCES ` LOVDROQ DIVISION OF WILDLIFE 'ri _ AN EQUAL OPPORTUNITY EMPI0YEP 'A �,�. p',1f1nINd ,:1111111118S19h _-' • Qv Perry D. Olson, Director J y - 8080 Broadway O" Oru Denver, Colorado 80218 Telephone: (303) 297.1192 Northeast Region Office For Wildlife- 317 West Prospect For People Fort Collins , Colorado 30526 April 4 , 1991 Lane'_1 J . Swanson Departm?nt of Planning Services - 915 10th Street Greeley , . Colorado 80631 Ms . Swanson : 1 This letter is in response to the Planning Services review and recommendation request on Windsor Shores , Inc . , case number - U. S . R . 943 . I have , with the assistance of other DOW personnel , reviewed the Windsor Shores proposal . It appears that Mr. Eckel has a well thought out plan and plans on operating a neat and tidy- operation . There are , however, some points that have been overlooked in- their assessment of the impacts of Windsor Shores . - One fact that is not addressed anywhere in the proposal is the waterfowl use of New Windsor Reservoir . - New Windsor Reservoir is a waterfowl wintering;/roosting area. New Windsor Reservoir was one of the original areas used to ""`establish the first Canada geese in the North Central part cf the • - state . This effort was successful ; there is now a large population of Canada geese available to the people of Colorado , Areas like New Windsor Reservoir remain important to maintaining this population , New Windsor Reservoir winters between 1 , 000 to 10 , 000+ geese depending on the time of year and/or weather conditions . These geese , along with a smaller population of ducks , use New Windsor Reservoir all year . The heaviest use is - from mid-September through mid-April . In the proposed use section it is stated "use of the property is -- . recreation, namely boating , water skiing , sailing , camping , fishing and associated water sports . " In the next section ( Employees , Shifts and Hours of Operation ) it is stated that most _ of the water sports activities will be during May , June , July , August and September . It is also stated that some activity will be before May and after September . These dates are cause for concern. If there are any activities which disturb the wintering or roosting waterfowl , primarily Canada geese , they could abandon• J1 . 1 DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director _1 WILDLIFE COMMISSION, William R. Hegberg, Chairman . Dennis Luttrell, Vice Chairman . Eldon W. Cooper. Secretary elix Chavez, Member . Rebecca L Frank Member . Louis F. Swift,Member . George VanDenBerg, Member . Larry M. Wright, Member Page 2 April 4 , 1991 the a.cea . If the geese abandon this area several things will take place . 1 . The ,'eese will move to other areas like the metro areas of Fort Collins and Greeley . This will compound the goose problems already present in these metro areas . Outlying areas such as New Windsor are becoming more and more important in the work that is being done to ease the metro goose problems . 2 . Displacing the goose population from New Windsor could cause an over population in some other agricultural area and result in increase crop depredations ( see letter from Mike Szymczak, wildlife researcher) . In the Windsor Shores proposal there is a section titled "Existing Area Uses . " In this section , surrounding agriculture , country estates and grazing are addressed . This is not a complete evaluation . The area around New Windsor Reservoir and the wintering and roosting closure is one of Colorado ' s main goose hunting areas . Many of the land owners in the area lease or rent hunting opportunities to the public . The land owners who do this leasing make many thousands of dollars over the hunting season and some _ have come to regard it as part of their annual income . By leasing and renting their lands the landowners are basically creating a large public hunting area ; and the geese which are harvested help tip control and maintain the goose population in - the area . Again, the wrong use at the wrong time could cause the geese to abandon the area and in this case cause a major economic impact to local land owners and one small community-Severance . It could also eliminate thousands of hours of hunting opportunities now available to the people of Colorado . Another fact which needs to be pointed out is a bald eagle roosting area. _ On the west , northwest side of New Windsor there is a grove of cottonwoods on the Culiison Farm. This grove has been used by wintering bald eagles with numbers reaching as high as 20 at one time . Human activity in the winter could displace these birds . As you can see , some points have been overlooked in the Windsor Shores proposal . These oversights could have major biological and local economic impacts . ~ Recommendations : Most of the adverse activity to the area wildlife and wildlife associated recreation would be those in the fall and winter months . Therefore , if ;}L1 boating was to stop by October 2 ( when the geese start moving into the area ) and not be allowed to 910421 Page 3 April. 4 , 1991 resume until March 31 of the nest year , impacts would be minimal . In effect , the lake would be closed from October 1 through March _ 31 of each year . The southern one Quarter of the lake could be exempted from this closure since this is where the shop and residence will be located. If this closure is put in place , then it could be activated during April 1 through September 30 with no - restrictions placed on them. In the Windsor Shores proposal water rules and regulations , it is stated that "a state fishing license will re required" and in the boating and skiing rules it is stated that "officials from the stag will be encouraged to assist in this enforcement . " These _ statements are greatly appreciated but their enforcement often proves difficult . Many times when private clubs are formed the people involved often develop the attitude that they are exempt from laws and regulations and the club property is closed to - ----everyone except them. They also may have an attitude that no law enforcement should be allowed. From the proposal it is obvious that Mr . Eckel does not feel this way but sometimes the paying - members can create a situation beyond the control of the people in charge . _ It is , therefore , recommended that in the Windsor Shores permit , a stipulation be included that all Wildlife officers , Parks and Outdoor recreation officers , Weld County Sheriff ' s deputies or any other law enforcement personnel be allowed access to the - lease area. This means being given a key or combination to all gates , if so requested by the officer and that the DOW or DPOR have use of the boat ramp to launch boats to do the enforcement - Mr. Eckel wishes to have done . All enforcement activities will at all times be in complete accordance with the laws and regulations of the U. S . constitution and the State of Colorado . Officers will only be in the area in the line of duty unless otherwise invited. Mr . Eckel has a well planned proposal . If the permit is granted - with the above mentioned stipulations , a good working relationship between the DOW and Mr . Eckel will also be started . - Thank you for the opportunity tc comment on this proposal . If you need to contact me , I can be reached at 45-4-316? . _ Sincerely, Fitt".td- 7/1.1r John Wagner Division of Wildlife Manager - JW/vt 91C421 Divisional Corresponde , Only d' 2^ - rJ it 2�1 nr 1991 STATE OF COLORADO J DIVISION OF WILDLIFE - - DEPARTMENT OF NATURAL RESOURCES FIFA :. DATE:April 2, 1991 T0: John Wagner FROM: Mike Szymczak, Wildlife Researcher SUBJECT: New Windsor Reservoir - New Windsor Reservoir has been a very important roost area for waterfowl since it was constructed. In more recent times it has served as focal point for Canada geese that winter in north central Colorado. The New Windsor waterfowl hunting closure was established in 1964 to provide a wetland roost and feeding area for the increasing population of Canada geese that were beginning to spend the winter in north central Colorado. At that time the populaytion numbered about 5,000 geese. Objectives of establishing New Windsor and other closures were to: (1) provide safe roosting areas surrounded by agricultural land that would attract wintering geese, (2) provide areas of goose concentration, distributed throughout north central Colorado so that birds would be well distributed through the area and thus widely available to hunters when birds leave roosts to feed, (3) to encourage a wide distribution of birds to limit the possibility of avian diseases and (4) to provide alternatives to urban roost areas. It is common knowledge among waterfowl managers that following water availability, disturbance is the number 1 factor affecting waterfowl distributions. Therefore, the only way waterfowl managers can impact distributions is through controlling disturbance. - Since establishment, the New Windsor closure has been the most effective closed area in meeting the above objectives. New Windsor has provided a safe roost for as many as 10,000 Canada geese. The total population of Canada _ -•--- geese now wintering in north central Colorado numbers nearly 100,000. The objectives for a wide-spread distribution of the population remain the same. Maintaining disturbance-free areas is even more critical now because of the size of the population and encroachment of urban developments in agricultural landscapes. The New Windsor closure, and the surrounding area, is an excellent example of a roost that has not been significantly impacted since it' s inception. Unfortunately, other wetland roosts have been. The loss of New Windsor as a fall and winter wetland roost would definitely, have a negative impact on waterfowl and waterfowl management objectives in this region. I believe to meet waterfowl management objectives, New Windsor should remain disturbance-free from October 1 through March 31 annually. I would be more than willing to present more detail or express my opinion to others, if you feel that is needed. • 910421. E11�yt ENSR Corporation Offices Alaska AnchorageCalifornia Los Angeles Orange County Ventura County San Francisco Colorado Fort Collins Connecticut Hartford Dist.of Columbia Georgia Atlanta Illinois Chicago Louisiana New Orleans Massachusetts Boston Minnesota Minneapolis New Jersey New Brunswick Ohio Canton Pennsylvania Philadelphia Pittsburgh Texas Dallas Houston Washington Seattle Puerto Rico San Juan Ontario,Canada Toronto MRY 14 '91 14:16 934-0"3 -- P.1 C[� ,J : i; rs: 22 PERSONNEL DEPARTMENTS PLEASE HAND CARRY TO MR. LACYIS OFFICE OLEr TO :: r ":LD May 10, 1991 Mr. Gordon Lacy, Chairman Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 Re: Windsor Reservoir/Windsor Shores Dear Mr. Lacy: We have been members of Water Sports West under the direc- tion of Larry and Connie Eckel for over seven years. We have driven an average of 75 miles per weekend and paid the membership fees all these years because of the professionalism and safety inherent within their organization. The overall maintenance, excellent safety (in every aspect) and high quality family environment are the reasons we wish to remain involved with them. Any members who do not subscribe to their philosophy of safety, behavior and maintenance find that they do not remain members. This insures that we can enjoy the family-oriented activities and environment we pay for. In turn, this .benefits the surrounding community and economy. We feel that the local community will be affected in a positive way with good quality customers and family-oriented people utilizing the local facilities. We are looking forward to the even longer drive (with Chat- field Reservoir out our back door) to be a part of Windsor Shores and can attest to you that Larry and Connie run a "tight ship" and continually improve and maintain any facility they are in- volved with. As business owners we are very cognizant of the effort, experience and professionalism they have to offer in establishing Windsor Shores as a viable, quality addition to the community. If we can provide any further information, please give us a call at 798-3371 or 934-2421. , Best regards, ( at cJ era/ and She ey Do son 253 Houstoun! aring ircle Littleton, CO 80120 cc: Windsor Shores 910421. MRY 14 ' 91 15: 15 PRGE . 001 92.41•64-1 c 15 .... ._ r:5 ( .:- / r r May 10, 1991 - i�Z�/_ox--- i �tef--i f; /y I/ TO 'i r._ . / / Mr. Gordon Lacy, Chairman Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 Re: Windsor Reservoir/Windsor Shores Dear Mr. Lacy: We have been members of Water Sports West under the direc- tion of Larry and Connie Eckel for over seven years. We have driven an average of 75 miles per weekend and paid the membership fees all these years because of the professionalism and safety inherent within their organization. The overall maintenance, excellent safety (in every aspect) and high quality family environment are the reasons we wish to remain involved with them. Any members who do not subscribe to their philosophy of safety, behavior and maintenance find that they do not remain members. This insures that we can enjoy the family-oriented activities and environment we pay for. In turn, this benefits the surrounding community and economy. We feel that the local community will be affected in a positive way with good quality customers and family-oriented people utilizing the local facilities. We are looking forward to the even longer drive (with Chat- field Reservoir out our back door) to be a part of Windsor Shores and can attest to you that Larry and Connie run a "tight ship" and continually improve and maintain any facility they are in- volved with. As business owners we are very cognizant of the effort, experience and professionalism they have to offer in establishing Windsor Shores as a viable, quality addition to the community. If we can provide any further information, please give us a call at 798-3371 or 934-2421. Best regards, Craig and ShelleyDods�n 2533 ,ffHHoustoun Waring Circle Littleton, CO 80120 cc: Windsor Shores 91[ 421. MAY-13-'91 15:02 ID:CO SECRETARY / STATE TEL N0:303»894-9?42 11961 P02 O4"CO! O,p ar Le TQ A- O * ADMINISTRATION 894-2200 I * * CORPORATIONS 894-2251 ELECTIONS 8842211 1876 LICENSING a ENFORCEMENT BB4-2214 DEPARTMENT OF STATE LOBBYISTS NATALIE MEYER 1580 Broadway—Sults 200 REOISTRATION BB4-2211 Secretary of State Denver 80202 NOTARIES PUBLIC 894.2215 UNIFORM COMMERCIAL CODE 804.2243 May 13, 1991 C.W. Kirby Weld County Commissioner P.O. Box 756 Greeley, Colorado 80632 Re: Advisory opinion per CRS 24-18-101 . at Seq. Dear Mr. Kirby: CRS 24-18-111 authorizes the Secretary of State to issue advisory opinions to persons subject to the provIslOne of CRS 24-18-101 , et seq. Please be advised that the opinion which la given is advisory only. Also be advised that the response made will be part of a public file, however your name and address wilt be deleted to protect your privacy. Your question is whether an equitable Interest In four shares of stock Is a euffiClent interest under CRS 24-18-109(2)(b) to require either absentlon from or disclosure of the Interest. The Windsor Reservoir and Canal Company Is requesting a use by special review permit for a recreation facility at Windsor Reservoir which will realize It an economic benefit. .Your Interest In tho four shares of stock In this company Is equitable in that It is security for a deed of trust issued in favor of Amigo Farms, Inc. Your Interest is further removed as you have sold the contract underlying the deed of trust to two other individuals. Amigo Farms, Inc. Is current on Its obligation so you have no present right to the stock. CRS 24-18-109 (2)(b) provides that a local government official shall not "Perform an official act directly and substantially affecting to Its economic benefit a business or other undertaking In which he . . . has a substantial financial Interest . . . The point of reference for this provlelOn must be at the time of voting on the matter. If you were to subsequently acquire an Interest In a business which had been the subject of official action, that later acquisition would not undo the previous official act . The fact that some time previous to the vote you had an Interest in the matter does not disqualify you from participation after that Interest has been transferred. I The vote on this matter le scheduled for May 15, 1991 . At that time you will not have a substantial financial Interest In the Windsor Reservoir and Canal Company and therefore voting on the matter before the BSord of County 1 Comnlsioners Is not a conflict of Interest. 910421 R��IN T MAY 13 ' 91 15 : 47 CO SECRETARY / STATE PAGE . OO2 MAY-13-'91 15:03 ID:' 3ECRETARY / STATE TEL 147:303»894 ?42 W961 P03 Even If four shares out of 1000 were thought to be a substantial amount , the fact that you have MO present Interest In the shares nor In the proceeds from the sale of the shares neana that you have no substantial flnanclal Interest In the matter coming before the Board of County Commissioners. 1 trust the above answers your question. If you have further questions. Please feel free to write for clarification. Y. Natal Meyeri?7iCAY Secretary of State 910'421 MAY 13 ' 91 15 : 48 CO SECRE-ARY / STATE PRGE . a03 MAY-13-'91 15:02 ID:r ' SECRETARY /,.STATE TEL N0:303w89 242 p961 P01 j .. .. . _.._ . Of ^COL • 1 ADLIINISTRATION 6942200 '� " '�' r' CORPORATIONS 694.2251 •V`+h.m.-�� ELECTIONS 09a 2211. r 1876 r LICENSING i ENFORCEMENT 694.2214 DEPARTMENT OF STATE LOBBYISTS 1560 Broadway—Sults 200 REGISTRATION 694.2211 . NA TA METER Denver 80402 NOTARIES PUBLIC B94.2815 Secretary ry 6L State UNIFORM COMMERCIAL CODE 884-2243 FACSIMILE COVER SHEET • DATE: May 13 TIME SENT: 3:45 ,1,O: C.W.Kirby, Wald County Commissioner RE: Conflict of interest FACSIMILE NUMBER: 352-0242 FROM: Natalie Meyer, Secretary of State NUMBER OF PAGES (INCLUDING COVER SHEET AND INVOICE) : 3 IF YOU DO NOT RECEIVE PAGES, PLEASE CALL AT THANK YOU SPECIAL INSTRUCTIONS: FOR YOUR INFORMATION, OUR FACSIMILE NUMBER IS (303) 894-2242 JOB VALIDATION NO. JOB FEE: S COPY FEE: �PGS Q S` S_ FAX FEE: PGS @ $1 .004 TOTAL FEE: S 910421 MAY 13 ' 91 15 : 47 CO SECRETARY i STATE PAGE . 901 'cotoFo�9 C f -� O Y 7 * / moo' vvv''? * ..Y j 6 "i, ^• �1INISTRATION 894-2200 I� �cNRPORATIONS 894-2251 i ELECTIONS 894-2211 /876 * r= LICENSING 8 P .- f 4 i = _ ENFORCEMENT 894-2214 DEPARTMENT OF STATE LOBBYISTS NATALIE MEYER 1560 Broadway—Suite 200 REGISTRATION 894-2211 Secretary of State Denver 80202 NOTARIES PUBLIC 894-2215 UNIFORM COMMERCIAL CODE 894-2243 May 13, 1991 C.W. Kirby Weld County Commissioner P.O. Box 756 Greeley, Colorado 80632 Re: Advisory opinion per CRS 24-18-101 , et seq. Dear Mr . Kirby: CRS 24-18-111 authorizes the Secretary of State to issue advisory opinions to persons subject to the provisions of CRS 24-18-101 , et seq. Please be advised that the opinion which is given Is advisory only. Also be advised that the response made will be part of a public file, however your name and address will be deleted to protect your privacy. Your question is whether an equitable interest in four shares of stock is a sufficient interest under CRS 24-18-109(2)(b) to require either absention from or disclosure of the Interest . The Windsor Reservoir and Canal Company Is requesting a use by special review permit for a recreation facility at Windsor Reservoir which will realize it an economic benefit . Your Interest in the four shares of stock in this company is equitable in that It is security for a deed of trust Issued in favor of Amigo Farms, Inc. Your interest is further removed as you have sold the contract underlying the deed of trust to two other individuals. Amigo Farms, Inc. Is current on its obligation so you have no present right to the, stock. CRS 24-18-109 (2)(b) provides that a local government official shall not "Perform an official act directly and substantially affecting to Its economic benefit a business or other undertaking in which he . . . has a substantial financial Interest . . . . The point of reference for this provision must be at the time of voting on the matter . If you were to subsequently acquire an Interest in a business which had been the subject of official action, that later acquisition would not undo the previous official act . The fact that some time previous to the vote you had an interest In the matter does not disqualify you from participation after that interest has been transferred. The vote on this matter is scheduled for May 15, 1991 . At that time you will not have a substantial financial Interest in the Windsor Reservoir and Canal Company and therefore voting on the matter before the Baord of County Commisioners Is not a conflict of interest . 9113‘421 Even if four shares out of 1000 were thought to be a substantial amount , the fact that you have no present Interest in the shares nor in the proceeds from the sale of the shares means that you have no substantial financial interest in the matter coming before the Board of County Commissioners. I trust the above answers your question. If you have further questions, please feel free to write for clarification. ely, Natal Meyer Secretary of State 910421 / a etssiter OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303) 356-4000, Err. 4200 TTT P.O. Box 758 GREELEY, COLORADO 80632 Ul I ' COLORADO May 9, 1991 Board of County Commissioners Secretary of State 915 10th Street 1560 Broadway Greeley, CO 80631 Denver, CO 80202 RE: Disclosure of Possible Appearance of Conflict of Interest. Dear Commissioners and Secretary of State: I am a member of the Weld County Board of County Commissioners. Pursuant to the Weld County Zoning Ordinance, the Board of County Commissioners is to consider, on May 15, 1991, a request for a use by special review permit for a recreation facility at Windsor Reservoir, an irrigation reservoir located north of the town of Windsor in Weld County, Colorado. The applicant for the permit is a potential lessee from the Windsor Reservoir and Canal Company. The Windsor Reservoir and Canal Company will, pursuant to the proposed lease, realize an economic benefit, although I am not aware of the financial terms of the lease since the terms have not been disclosed by either the applicant, Water Sports West, Inc. , or Windsor Reservoir and Canal Company. I have a remote equitable interest in four shares of stock in the Windsor Reservoir and Canal Company but I believe that my interest in the company is so attenuated that I will not realize any loss or gain as the result of a decision by the Board of County Commissioners regarding the permit and, as a result, do not believe that I have a conflict of interest in hearing the special review application permit. Lee D. Morrison, Assistant Weld County Attorney has reviewed the facts and assisted in preparation of this letter and he is also of the opinion that I do not have such a conflict that would preclude me from participating fully in the land use proceedings. Nonetheless, pursuant to C.R.S. , Section 24-18-110, I prepared this voluntary disclosure to indicate the interest I do have in Windsor Reservoir and Canal Company because I recognize that my interest may be perceived as a possible conflict of interest. Attached to this letter is a letter from my personal attorney, Ken Lind, outlining the nature of my ownership in the Windsor Reservoir and Canal Company. By virtue of financing arrangements, made in 1979, subsequent sale and financing of the sale in 1983, the actual use and obligation for payment of any assessments was transferred to Amigo Farms, Inc. In 1990 the note and second deed of trust which secure the real estate and water stock was transferred to two other individuals, Bob Magness and Larry Romrell. Mr. Magness and Mr. Romrell are not connected with either Windsor Shore, Inc. or Windsor Reservoir and Canal Company except to the extent they assume my equitable interest in the water stock. As further explained in Mr. Lind' s letter, I also have executed slip assignment of the shares of stock to .Amigo Farms, as of 1983 but the actual stock certificate has never been produced by Travelers Insurance Company and my name remains on the 910421 Page 2 May 9, 1991 rolls of the company until the stock certificate can be produced and a transfer formally effectuated. I have not participated in voting these four shares of stock since at least 1983, do not use the water, or pay any assessments. For all practical purposes, I exercise no ownership and receive no benefits other then the remote security interest in the stock. It should also be noted that my four shares constitutes an insignificant portion of the total number of 1000 shares outstanding in the company and that even if I exercised direct legal control over those shares I would not have a substantial voice in the decisions made by the directors of the corporation. I appreciate very much your expedited review of this matter in issuance of an opinion if one can be issued prior to the 10:00 a.m. , meeting on May 15, 1991. Respectfully submitted, 7.1"/ '-e7 C. W. Kirby Weld County Commissioner Enclosure CWK:LDM:cgt xc: County Council 910421 LIND , LAWRENCE & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY.COLORADO 80632 GEORGE H.OTTENHOFF TELEPHONE KENNETH F.LIND _ (303)3534323 KIM R.LAWRENCE - (303)3569160 TELECOPIER O031 3561111 May 8 , 1991 Office of Weld County Attorney 915 Tenth Street Greeley, CO 80631 Attention: Lee Morrison, Esq. Dear Mr . Morrison: You recently contacted this office for information concerning ownership of stock by Charles W. Kirby in the Windsor Reservoir Company . We have had an opportunity to review our records and we can state that Mr . Kirby does have an equitable interest in four shares of the capital stock of Windsor Reservoir Company. By our use of the term "equitable" that means that he does not own legal ownership but merely has a potential future interest in said stock which is related to a sale of said stock which took place in 1983 . Specifically , during 1979 Mr . Kirby executed a Promissory Note and Deed of Trust in favor of the Travelers Insurance Company , said Deed of Trust securing certain real estate and water including the four shares of Windsor Reservoir Company as security for the note . On December 1 , 1983 Mr . Kirby sold the subject real estate and water stock to a Colorado corporation called Amigo Farms , Inc. Amigo Farms , Inc. assumed the liability of the Travelers Note and Deed of Trust and also executed a Promissory Note and Second Deed of Trust in favor of Mr . Kirby, said Second Deed of Trust securing the real estate and water stock including the four shares of Windsor Reservoir Company. As part of the Assumption Agreement between Travelers Insurance Company , Amigo Farms , Inc . and Mr . Kirby , Mr . Kirby was not released from potential liability under the terms of the note in the event of a default in payment by Amigo . The next transaction involving the four shares of Windsor Reservoir Company took place on August 21 , 1990 when Mr . Kirby 91_6421. Office of Weld County Attorney May 8 , 1991 Page 2 sold and assigned his Promissory Note and Second Deed of Trust to two individuals . The sale and assignment of the note and Deed of Trust included Mr . Kirby' s interest in the four shares of stock created by the Second Deed of Trust . A copy of this assignment is attached as Exhibit "A" . Even though Mr . Kirby sold and assigned his interest in the 1 Amigo Farms Promissory Note and Second Deed of Trust, due to the fact that Mr . Kirby has potential liability under the terms of ►P \ the Travelers Insurance Company Promissory Note and First Deed of Trust there is a possibility that Mr . Kirby could reacquire his interest in the subject stock if there were a default under the terms of the Travelers note and Deed of Trust and Mr. Kirby then ! purchased those rights from the Travelers Insurance Company . However , Amigo Farms , Inc . is current under the terms of the Travelers Insurance Company note and Deed of Trust and we do not believe that there is a probability that Mr . Kirby would reacquire his interest in the stock and land due to any potential default . It should be mentioned , however , that the actual stock certificate representing ownership of the four shares of Windsor Reservoir Company is still in the name of Mr . Kirby. Mr. Kirby has executed stock assignments ( please see attached copy, Exhibit " 8 " ) conveying his interest in the stock . The actual stock certificate has not been re-issued as the Travelers Insurance Company holds said stock certificate and has elected not to have a new stock certificate issued in the name of Amigo Farms , Inc . showing the subject interests . Even though the actual stock certificate is still in the name of Mr . Kirby , due to the execution of the stock assignment and the fact that Mr. Kirby has not exercised any control of the stock , it is our opinion that Mr . Kirby ' s interest in the four shares of Windsor Reservoir Company is only equitable. If we can provide you any additional information , please contact the undersigned. Very truly yours , LIND, flL R E 6 OTTENHOFF / Ke neth F. Lind KFL/cg pc: C .W. Kirby 910421 cift..�lj }.mar l.. ',8,ViTittitt • / 0,.:,,,,,,,,,,,.„, ,., •rt1,�,,,,,.�[' I,,., V•4„1,y i` -I.'.I, 1 .._ PI U. I05. STOCK ASSIGNMENT—Illydl'uWPublivhint DIOSWcvINIAAvvnuc.GoWcn.l'oim.10KO4u1—I ling 778UnN-7.8U iI _ r. 1 I , II . • I. Iolt VALUE EcsrvEU •CIIARLES WILLIAM KIRBY, uka CIE ARLES W. KIRBY,,_pka C.W. 'CIRO hereby sell, assign and transfer unto AMIGO FARMS INC., a Colorado Corporation, Pour --------------------- ( 4 ) Shares of the Capital Stock of the Windsor lteservoir and Canal Company ' standing in ' my name on the books of said company represented by Certificate No. ,3658 herewith and do hereby irrevocably constitute and appoint tllp seel'l't:trY tel: the l'S lni!ttllY as attorney to transfer the said Stock on the Looks of the within named Company with full power of substitution in the premises, subject to decd of trust to the Public 'Trustee of Weld County rev the benefit of the Travelers Insurance Company recorded in Book 875, Reception Dated DSS:Ql111),s...1.....tutt S No, 17!15486, anti subject to the Deed of Trust for the benefit of Charles \Niihau! Kirin/ recorded in hook 1.1115 and Reception No. 19•1!17'L6 1 ; In P . cncc - L`--— _. . • _...._. _ I 910421 s handed al - 'duck—_M.. • Iteceptiun Nu. IlecuWei . . _.. . ASSIGNMENT OF DEED OF TRUST OR MORTGAGE DEED I Augmsl- 21 , 1990 Datc of Assignomu Bob Magness and Larry Romrell Aaigncc 4643 South Ulster Street Regency Plaza One, Suite 400 Address Denver, CO 80237 _ r'harlas kinlii Kirby Assigror I P O Rix 220 Windsor, CO 80550 AJdrcn • December 1, 1983 Date ul DccJ of boat December 12, 1983 Recording date ur Deed of lival Weld Corny of NetmJing ! 1015 01949726 II utxs Nu. Page Nu. Film No. Reception Nu. and Extension recorded October 5, 1989 in Book 1245, Reception No. 02193825 II KNOW ALL MEN BY 'RIESE PRESENTS that Amigo Farms, Inc. did grant, bargain, sell and convey the properly described in the Decd of Trust ur Mortgage Deed,herein referred 10 as Decd of Trust, to the Public'I'rustee• in the County in which said Deed of Trust was recorded,to be held in trust to secure the paynem of a Promissory Nute fur the original principal sum of Two Hundred Four Thousand ($204,000.00) dollars, together with intetest' . NOW THEREFORE, in consideration oftlte sum of Ono Hundred Forty Five Thousand ($145,000.C ) dollars, paid to the assignor, the receipt and sulliciency of which is hereby acknowledged, the said assignor hereby assigns unto the said assignee, the said Deed of Tluet and note seemed thereby, together with all moneys now owing or that may hereal ter become due or owing in respect thereof, and the lull benelit of all the powers and of all the covenants and provisos therein contained, and Idle said assignor hereby giants and conveys unto the said assignee, the following described property, situate in tin •• County of Weld , Stale of Colorado, to wit: (See Exhibits "A" and "B" attached hereto and made a part hereof by reference) and except the property released by Partial Release of Deed of Trust recorded July 28, 1907 in Book 1164, Reception No. 02100554. uhnr ittn.weir by-street-and nnrnberas— TO HAVE AND TO I TOLD the said Decd of Trust and note,and also the said property unto the said assignee forever, subject to the 1CrII1S contained in said Deed of Trust and note. And the said assignor hereby covenants with the assignee that the said Deed of Trust and note hereby assigned is a good and valid security and that the sum of One Hundred Seventy—five Thousand ($175,000.00) dollars remains unpaid on the said note and that the said assignor I has nut dune or permitted any act, matter or thing whereby the said Deed of Trust has been released ur discharged, either partly or in entirety and has the right to assign said Deed of Trust and note and will upon request,du,perform and execute every act necessary to enforce the full performance of the covenants and agreements therein contained. This assignment and the covenants herein.shall extend to and be binding upon the heirs,personal representatives,sueeessuts and assigns of the respective parties hereto. This Assignment is made without recourse. IN WITNESS WHEREOF, the assignor has executed this assignment the day and year first above written. Attest: Charles Fn amKraby State of Colorado County of Weld The foregoing instrument,was acknowledged before me on Aunri,yf al, 140 (date) by Chra les William KirbY _e/_ _ / Witness my hand and seal. x2 f/Y / Date Commission Expires __LO _Arte/1 rt p C n...,,Mannrw.civanZ7 'If a Mortgage,here Jdctc reference lu Public Trustee and eumptcse as applicabk�A, - a ••If Denver, inert"City and." ,,.;,'�:._y W r "' �"' '^4 , _._ r II .i •Ir'F;vflr n, ';jf y 1 415,3 rii: 1 l t 314 IL triLpiii f •vr A least o/ land totaled In (M North Half (9177 of prl, . �,,.•' uf:SSSJ.iIX: {/svl I. •,,, To.ncn lr SIX (6) North, pan ( 1 kct lean Sixteen (16 *loll aic'i 7yLde r ;,Y 'a Ik Id Ian, 'K Slaty-term J7 West o/ the 6[A rr ln[Ip•1� `r �tT'�(� �,{'�'� i ' rl 4s<rl0ed •Cos my ul Weld. St•le o! Color•an, and being core particul•rly �fj xy L> +;i1 1'II*•:,4.4 .Q �' .� {V/A�fif.: / Jiff r• /� �� 1C Lepinn lip ;it the Northeast Corner (NC Cor) of s•Id Section 16 and considering II'' Ir 1 (( ln. List Line o! geld Section 16 to bear South 01'08'49' Y tf�l ,rii*PI .: 11 �� Mar lops contained herein being relative there t0; Cast rllh all other jap1/23/1 l � ``�I) ,�n ; "I r�l/ y4�,11 lhmu South OI.Otl YY• last, 14]tl.i0 feet-Lea • point m „.,,,,i,„.:' ' ',If , Genley No, 7 Crn•1; • 1' the centerline of The^l • rf YY then• Westerly along the centerline of Sala Greeley No. ; C•n•1 and lhr n� 1."'(y , CrnleftIM 0f the out lot ditch of lhr 41nJwr L•Y-T� 4X �>I'� QI. Ily c.ursea: 0] tAe fol'oriny [terra (11: Y 1;y,f� 9Y6 rt fC'•';S.177..'4Korth UO•/t•00• West. 66.5N reel: 14;0/4_41.k, 'M. �','{�y7 L�' ;u1,•, brio 64.49'00• tlesl, 11 b�l'•Ci ry1yi 77L',11 76.19' �' .I7• 4\M�+'I: { Nunn W' Yetl, 90.J1 feet; 4/, 111 :444Pp�` i'4.11, South tl5./7'W' I+rsl, n6.11 /eel; #'{'E Irl`,� Y'('!S1^ 'k Ut Suulh /1'70'00• blest, 779.51 feel; t� 9v l:Yfj•' q[ • '' 1P.� 'sal,rrl Swlh 01.00'6[• West. <h3.l7 feel; 'I4,tyl ( r1'� �th- 1 {1 ;ti.• 424 1 worth 06.10'06• West, 214.61 feel; °'1 j)1 ��A;f'` of .�7�[;•71-( •Y7"'I' South 117•U 6.00' '4t1, 111.17 fret; �'(''ly100""f I�'Wej ,1 both 67'06.00• Yetl, IIO,YO lrel; a..Y;ry_/'p(f 5.r Y}�' 19(7 tyiiir, . ( I\., South tl'01'OU• Yrtl, IIJ,U/ [rrl; i V]'dyi1rl• �S + 1 •'i' Soffit', 36.05'00• West. r/01.40 la•el to J point L' Uw- h,.,r ,14' .;''SY�il''x' i 'ra ':+ 1.t1; nd+ry ul The Windsor !'f�rl1.F,7 err r:I• OA. •(17 V torn[• Vetter ly .luny •.n id Ylnawr lair Nuu d.0 by l6r 10111•.In, (lve YN)S4 a)y.y.'��rr1 sy co$$$$$. / Y 1 (5) 'fJ.31D I.•Qsl(1'i J1 4t1 y' l brlA 66'10'00• West. ]71•e t)}1�'.� �1F{ f�f1 ':ti : 'I4r F 6 feel: ](! r. ,((�11 North 0%•15'00• West, 600.0U Vert; 11T� I(,'Z.1r if( I�' rl�f ( Norm !1•30.00' Y } +,,.) ,t1)•16•� Nwln 56'If a:t, ] q.00 fret: ,t� 4 p +'(LI ,J' OU• west. u10.u01tr :j'L11;.�I.411 6! Nunn !1'1%'00• West. t; N g$ est. /11.70 fret to a point •. i''1 j1 1[11 '�4, ,'ty� r Mo. 2 Canal; tot tarter Ilur o/ Ito. Cr re try )1'177L[[/�lp� 1' ( then<• (aslerly alun r rP• T• / 9 t•Id Centerline lnr of llr I,r ee lr No, 1�1 )f{y u tr t linen (I l) «, Y 7 Cmal by (Lr lulluang '1ff�J��f�J,yl1 I,�,I u,7Ly((1' H i wrin 77./9•J1• I•tt, 65.97 fret; +,LA��.�;7? P �j hurt', ]41.43.16• fast. 191.111 feet, > 7 i7�{ l 1 Worth 54.40•]U• Ent, 3/5.70 feet; � '`r/1F� 'Imi,/l jt^, 'i: North 61.40.50• last, IOS.6S trrt; rr� YY,?11 PP'\LI' let rope. 11 h'([ pp'� brio tl%'11'11' I•ll, ]71.67 feel; ! )'.1Y'Yr1 +,�'qq Y,' bet', JO'UI•JU• last. 1111.11tl Icrt; .1 1"). ..c1L. 1'}) /`' � brio /6'14' LIV�A.1 "c� )N'lLQtl�+; ') 31• last, 141.46 feet; �I�I Jr,). 111 11 ��) 'ef1YLf'.I / South 7►'31'09• last, L9 yJi PLNrMjl� f 11 7 77S,W feel; S° y' V 1 brio 41'41'16• last, JUI.YO Irel; I � ,,r •ti 1,1-1./M:l'C ', ti• • hurl', 77'541'59• (nl. 700.%% IrH; 11• i• it 7 1 fppj yyyrpq Nunn 44.00.00 Cn1, II•,7% fell, cure or less, rye!} 7 ; I):. 61(11 A fir Northeast lea • point YI ll..• W•.l liar ul ,IV��tltl(+1• ly'• �r11 ! " 1•• ) lh•rlN• North Quarter (nl I/4) of s•id te,l tem I1. '111 Il rl•�� TI,1 ,1.4`I(`al' e' 01•Itl'l1• Ye\1, 4/1.31 hell, n..rr or L.y\, IY for Il.rlh jj 1 .6 Corner (NI/4 Cur) of told Sett Iwo Ile; V••+r lrr yE••R �Yr i, ,4 F:0 thence North 760S•N 1 •d i; C' '1 UY.46'V• tall, rrl lY lln Vu u.l ul 1 ,, I,I r 1 11,•.1 inn lay• , ,nr'1'K 'iii ! ,, . fell r .. Ner•rrnaL tndu l.ruu ..... tTl ,h.b l • "" • ,.r.•r Lt .Inb•I ..1 ,II \ K •no-n'r: es Ld•n• . ., ..s I u•.I•d ,ppp177��TJT 1NI{' 1ty' rh ,<{1,J ]. ' , tighl• .herb III•,) nllnrll la I.torn' In Il. Ir'4•rIt •11.r,., I.,•„'.1 ..1 ,.. !` 4P.i1,*„):V�' p ff,,\p y5 flab . wA rebervnlon. (wing for a ,..ro•I of ler. I .I ,•.r. 11..n. u.r . .I. of n... 4JI 1 ...q(((ttt"' d'• �1'I,• IyyAv:,, ,, I dwell eon fur v, loo,; ❑rend br . . steer I. .I I i ''11 "" dwel )•nrll fur ... rIwo; I 0l 11 o•% Ir•.l.n•IL•u nf•o. •in' I49.rl. 7 k� 7 Y� 1p ( _ .+r.1•.urr .w. 1 ..Ian•..Y. I•.. .r.l 1 pt,, YID n�' ,k,i �i) Icou.ra ll�lli Illli ea• Ilrn w fl Y, nun u,rh.11t9; inn .hill ul ..r ...Hong ul Ili' 119.111 4141.1"P ``Y1 ��KI'Jt�s�w�L�'''!1 ?7), 31 r"... w— Y ... Irnrrl.l•nl. 'A�Ir 1`W,4','ly;'`)y'.,y'A_' ( I`` c,,,,,k i I LNi)(Hrq I•IYh )PIFf�� •�M`LIj ¢�5 lin-160ml tour CII .bore it {{ MMjJ' t,4f.. to \ nl 14• rnplt•d .I•rs ul nu.l.n Ile..rr...r I r , ,,111!'1 {I `it',,l�w :,,,!.4 �,.(14 ',Silk I'uugnu Y, Iwo 171 .lu.rr• u( Ile rnpll•.1 .L.•Y .,1 I Lulrr.0 Ld.vnl I . lu,.no, lour 1 \ 1'� 1.. 111Herr• nl IMrpnSol •lu'aofLiar1'uu+lIl.uarI'w 'l4"..,� 1[.li''LL Ah2 •1"V•.Mb 'fN .�'�tiL) IWrly IJuI dire•u/ Ili• rn nl•1 .I u•Y u.l Ira lung I I' iiiil ' t. t;•. •nnl.,hs. i Fr Y farricliiirb )'r( '4 rlrht Ial .l..rr. u( I of brio Ile I%w nut UNrA 1 ongnu'Y, trig 1t {l t rYlr '(}k+�g Ili• rupll ld •IwY of Nrr I'urlr' Lid I'ophr IrnNnluq 11 Vitil ,1 } s1,(1 6 ,1 Company. r. cri l'tr (.� iy� 4'c 'tp.4 F .6 n'" 1 1 Q 14 1 ) f j,y�grir 'Di r�')71 IrJ7.. Y s • d11+'a t £`1it tY' ,�. t, ,, . .i��r ul ,,Y� 'f ^'-1 !r, _..1 . •+• �, n l�.�rRpLlrr.'� -1a:45..u31A4.w.ti�/ama �IA1,3 4 ,a .J t'f fit' �.S�ii7r�t��11IIY,4J1'11:..v 1�I I V.a„r.�w F.,,,,.1 J1 4 :+'T1. .� 1tv i^',7P'i;, J+�11khLYL1 (+rJ P%111017 0 , ,+Y 1litic,c• is kJ( •4491''7, ,�;�.71 : • 1 y.1₹ t 11 y "'• 1'inn • • Gey,,{7{'r�{- Jy ' y f • r� l'�E Vol` 1',Iqu- • . 11 f• ; i.II�4 Ii"j 7�f PA7(LC1 12 • 1, �"�''' ,,qr�{ .il '(��'0fi .7` A tract of land lo<•trd (n the GtL 14111 (C1/2) of Section Sixteen 16 k ,,is, rk � � :tV y{ !UY Six (6) Korth. Nan Slaty-seven ( ) ( ).Weld. St•te � ' J,,rlr ,l'"tl9 "UUUU�,••• of Colorado, and toting awe p• icular particularthe ly followyoun County of Weld, Stela f {�y /1.1} '1 '' P!'' 1' �' Cp...eneing •t the Southeast Corner (SC Cor) of s•Id Section 16 and considering r . 1 t ('• yy.� 1 - .� the South line of said Section 16 to hear South 90'00'00• West, and with •11 /d' � - . : AHI' (( hearings heraln relalir• thereto; I• thence North 01'08'49' West, h09.44 feet to the True Point of Beginning; } '11 7 'I��b4.ft . f : C thence Korth hearer West, 1251.17 fret; I + ' '' 41"' �t LA l thence north 0.1'41•41' fast. 419.3) feel; ' ' �7 r .1r ihenp Morth 06'16.51' Yes[, 31].24 feel; I )f,. .x'•11 • �', I� ''� Thence North 31'17.26 Yeyt, 275.1'4 /tee; 9 triktit,' ^l I,i . South 59'40'00' West, 1311,97 feet; IZ y��I. y�r y , thence North 30'20.00' West, S23.09 feel; r'iCi •1 1 thence MortA 14'11.00' Wttt, 700.00 feel; r (+ '"�'t ,: :. thence North 66'10'00' West, 72.11 feel to apoint Wn the centerline of The `� , I, }1.1 1 t•r 1 Windsor late Outlet Ditch snd the center line of The Lrrrlry No. 2 renal; '7 �J' ,r� p 1 ,hr}- thenc• •long s•Id centerline by the folluwln liens' 11 co f'''il1 �s,'.!t 4 f•-�.r North 36'05'0(7•' Cast, 1201.40 feel; 9 ( ) nd dl at•ncts: qy � ;• �� I' y North 41'01'00' Cast, 113.01 feet; • _rftc�'I.ji!��,1 Pil VI; U North 62.06'00' Cast, 110.90 feel; 10q) 0". .• 'S 1{I North 02'06'00• Cast. 711.17 feet; y'(r `/ 4) ((WW, South 66-10`00° Cast, 271.67 feet; i'1' 111,• L ++77,'Y� k North 111'00'00• (list, 467./2 feet; I y ;I y •f ', North 71'7tl'00' Cast. .179.11 1111; '( A/�i f.' iLI•�, l }�, h} North tl1'41'00' Catl• 86.11 fret; I �4 n�1 "' ,•N� loath 76'1'4'00• Celt, 90.34 feel: p j[ t{''jl 11.Aar t� South 64'49'00• C•sl• 140.91 1•et ; (�L �;� South u0'47•W C•tl. 66.58 fret to a point lal the tint line of lit Suut hest[ 1 d, Ou (11.1/4) of s•Id kcllun 16; OIL,' a�, nt ♦ e •. /''' thence South 01'011'411' Cut, 303/.78 feel along s•Id f•tl Line to the True Point • r of Beginning. ` a( tf C 6 Itlj ,rr f� ( 1 '�•9 Averring unto Cr•nlw unc•hdf (1/2) of m.o. hul•4tA 1'rro rd (loo•..) of all oil, ` �' .�'{1T' n p•, mhrr•4, .tort end gfava•1 rnrlwhng any lul are rc''enu MA(y mu.crH right' yt,�,`} r;� t1�` r 111 .1i which tn•y • itch us 'return la Inv! I...entity 99 I 1 Y •flrr date f c1.. deed Weil not a,•� , foe•so llun Lrint for a yilt of five 11))a.,rs Oulu Ile dateof lops ticrd not ' ' . 4 fur •e tune Ilrnaflrr as Mere I• •ny yru.lm'Irml rgw.n Ihr ' A"�T' I, property, wrlh )' 4 . I. ! ,production defined In •ceurr4nre with Cuiura,W law Hal any :duet' Ira•.u•s u(.ral �P.I 1� 11.• property, •nd Including buy shul.°, of re ,n tot the will pur.u•ul lu tiny . ^,� �,( , tlif{r♦A�1 our provision; I,tong ipQ � '`�• Addllldrelly rnrrrint unto fo•neur • Ilurl fort 110' Y 1 fight ur w•y fir all 'I I't!' purlieus. of Intone arul •tress will, ehe revron-ul to I'•lar.d thirty fret MI catl. IN��+{ 1 1 ,E of the fallowing deteribed line: 41 11 l�r'1 , • v '•41 �{' 5s N 611 r Ctilommando( dNorth.1 the 6outle• t Corner (SL Car) of Srrlout, SI•Ircn (I W, Tuwnthlp nt• Slaty-seven 1671 West of she WI P.m., Weld County, 1.y„�,� 4G1(r'O ),1 Colorado, end condoning the South Line of sold Section 16 to hen i` r South .y 1 ` e .0•'^11'00' weal, end wtlh •Y le•rirga Irwin rein,''. thrr y`� 7prr: n.nc_ No.ur oluor4r w rw, l+ a.l, 135.4/ tree: , , .' 1 ` Thence Buren 11070•40• woe, 1711.17 feel; J � } ' -"'' Thene• North 07°41'47' Fest, 411.31 Int; I rtay f Thence North 06016.14' Wad, 711.74 feet; •- ,�11, y k There• Naflh 11071'76' Mel, 271.111 feet• r r5 r • '+ Also Ine1WUY Two 111 wrly•non wells dr•rnl+J a MII..IVw I 1� aril Nu. I•eJ61 ai,J �t ail' • ')I fr,I'V,.f /. Mown 14.11 No. 6-1786 0 •dptillraird III Waller Cunt tor No. h-411e-76. boll 9 , , •.t dgrrrt�•P• 1� ^ 1,• well• Lr r..t IOcalal u, Ile Nwllraal ]nevi rr INL I/11 u( 1,cl mn lalrcn 1161, l ri.f� 1 Tuwnwup bia (LI Mw111, Nn�r 5r•ly-•,-vru 1471 N'tu u( Ile 61h 1'.61., Wcld 1i 1'1 t,. , •�y,+7�. !Ili H 1'olar•do. (;ounly, �hr �' !`73d .d ! 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C'g'' `.. ,,,K-4:,...-,,,as,- �'' .i "4 :r''. . .+ ... i ..i7 IVY �,' "c �r{,.�, ,. t y '" v�� .••• ;se 4.1) Ale r 3 4k`�f ht- � "'�'i'`'` 'T', � C0 Y "a4a * t � " Q I.,` ' =' � ,t � rt�' hismessa e consists o Li +r,.{,'Y".y g s' • rr..•. • k- °f;F .y . r .,,r4;,4.--4.,F re414754.i-yt hri:r G a ,-.f i<rr, a iKf e- .pr' J 3,;‘,.1.4,,,,,rit:. A r,, {' (. �>qk .rte . tTa'S :r•. :-11f;,,; 5 . paces uszt -us cove 'u II t"; 5 ,�> , 1� th Stre�e `' r Pt ,ti r,t'7,�� ffi. 7r.�.�.x A�'1 .•y�'�'• "'�'°' ; �'ci�'" a`L+`t.3sr# 't* ,_ . .X._,` y �s i� 1:,.1.,,,I,f,-7''�t i� �S}lee ya# . A.,s r,Ssfv" ;, Ott �t �; �' 1 ^�i+.• 4 ® ,es• rrL.',„.:Ir5+J•'yy Ci C E 2{+-C� •(�� 1 • .a,f.s,Y a1:�•i)x..�,.,��•+• i x. fi,•�.t 4:::S',''its.,'. £.14'y„ -c .a.i tr _ � .r+✓•t .• K`.._S -1.' )y,04.4.24,,..y� • if S„,' "r5 r-- e • - n w .. _. ��y..y Yom. •,. •.Wklef'�<r eba k:+ r r" \en t• r 3-.0,-,44-Ii.'t Pn L qtr dt i 4 , •, x COLON At ® O '#4��+ i`?a , � u 1 S a . l r « a44- `?wA (t {.. r . ty ;"}rtS t.. �-,. i F;: 'Cf �,r i "w ,56Aq, L.- p GY.•'r r �8 it,' r t ,,...t. �`..nrs.� ..i)yyl .r:3" i„...4 ;nY�a ikfic is:: tr 'T ! .i r / r77/2T1 Rit �•�m BY $" ? •T J}�Y`z � iS 16: f .�. ,, pr x .t date - .s t .11 �A �,.r�i t ,4 x.P r( .,, >..s„. a .r ae.+a,r—<.w %A�.cI G '� rj� �r,10 tr � tr a•r'' f,1`„ ett.,. ...,1-#•,;,,e;.‘„,-.nYe'.l F J' ♦ !� _ .....�YF• . , I 4.. it- m . +a.„-i. r=. 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AL.',COMPANY , , . j± ! e r s • `J ro• '� + , J..' A fry'•7:y. g 7 } ,a t� k ≥ •6_%`t N �'i .A}.X•r'�V$40144-440,,< :, y <•� , 144 w•I*; O.y FROM ;v is 1,♦ rI/ CM ,ai re+ • ' 0 -a ? I Lab €1 A. t ,-i.'iam} 1.4 4171 tf i$ y°;Lilts 1#, roVk• I:I .. Ti? ..t y��' ' ''a` . ,J,}...1-44!.:.*f0 +mot. K,r t4� ICToli �j,, g rrf s ' 1�ta tF ":„ . '�Y 4 > �. ji� �aT` t < k } T t. 4+i -df 'i < 7, t1. 4 , ,: • � • I ,r, ® '. CI Qi•t �*..e• Oka S!Nil ti• } SPECIAL INSTRUCTIONS: i7-I 4 '-e CC( le e"t . ' /L+a� Ai s' ,4 `n�� .-44'..-,3' in "yr�`��.. �' °tl 1^�"- r* l4;✓ .y1y+.i,`4`'fq • Ns/C.3 Yy''A 1Td`/ylh �`r rs�. S4 L•.y.,d„d )`a 4,4te, K+-p tr4d�XiCi� t� ;Si Ns/C. U{ r:-•' �} ok - .gtv1 � Y'. l a r • r r Y Gh a' yl„ &,2.. s<- I e., ;: rhrrr -1,�4 .• y ...J 4�`�l•labt.t y•''t� ,0.? , 2a • :4.1''''-'''r , e • r. rtyx P-` �;w��.`%.:,fi`{"..."1,.• ..1 ' ,•f• ,"4 y• IC ° `...:= 3.-...":4 .Z..r r .. ai Yw,5r4.T?.at9 'sL'Y tr X.,rr 7 ',-WC,.?"',yt3r„N aAJ s. 'w:. r < .. >,r a S x 'a^Y,Y �'^k�k erro�a �� _ t ✓ v., - _..ti ._ .• COMPANY: WELD COUNTY PURCHASING DEPT. PHONE ,_ 303-356-4000 • — - om • • 9r 91 1. FAX NO. :.� 03-352-02 2 ��,( 7 CONTACT:�'e` �orrl 5011 EXT. '/ `� 7 .,4.5S7s�, 7----(Oil Ait 1 •giglb?ell e i. -«. _< ..'•�tC'.1 1_111., r -i. ,. -.. .. . _ ._.f?rk s1 fir- ...:4: t14 r.�tv .�. .. �.J' . _ " ; • 199. ... • To Whom .i May ay Coneern ; 'l _. I am writing in support of the Wi.P.d::;er Shores proY>e ed project. There are many forms of outdoor sports and act:-.vit:.iee in the state of Colorado. Many forms of outdoor activities have the uee of the state forest and other open areas to roam. The sport of boating, specifically water skiing does not en ioy that same freedom of wide range of available areas . Especially ,area.; that are controlled 1n respect: to ove:'.rti:rowd.li"eg and f.afety fey the boater. "Quality Water:" is a term that has limited use on the public waterways in our state. The Windsor Shores proiect is one of a limited few area' s that can provide this to the avid recreational and competitive skier. Quality land is provided f er many of the other outdoor activities and I suggest f:hat. water .•J:.I.1.Ilg is deserving also. Wildlife :and controlled popui.ai..i_en of an ,area can work: together and survive= in harmony, i .e. Chatfield and Boulder Reservoirs . J believe that Larry Eckel ' s past: projects speak for themselves r as far as safety and quality of the projects . I have talked to members of the Union faeili.ty and have had nothing but good comments in regards to safety, control and quality of the facility when Lorry and Connie were running it. It is very import ant to the economy and survivability of the sport of water skiing that we have more private area' s .in state. The population of boats grows over 10 % per year in our ;;''.;ate ana the availability of recreational water decreases by 20 °ice. We 1•It'ed to be aware of the overcrowding of our lakes :net the i'i1C'1"easing .:,'•:1fety problems that will l.".c1use . Please: make a positive recommendation on the prC•posa1 fer Wi.ndeer Sher e; C-1•1 behalf of sate boating and the preservation e f 'quality water for our young competitors s to train on. 910f e'41 tid-rr -� WELD 0:71;a_. 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BOX 758 WI' Be GREELEY, COLORADO 80632 COLORADO April 22, 1991 Windsor Shores, Inc. c/o Larry B. Eckel Windsor Reservoir and Canal Company P.O. Box 8236 Longmont, Colorado 80501 Dear Mr. Eckel: Your application for a Site Specific Development Plan and Special Review Permit for a private recreational facility (boating and camping) in the A (Agricultural) Zone District has been recommended unfavorably to the Board of County Commissioners by the Planning Commission. The legal description of the property involved is shown as part of the Sections 27, 28, 33, and 34, Township 7 North, Range 67 West and part of Sections 3 and 4, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado. If you wish to be heard by the Board of County Commissioners, it will be necessary for you to indicate your request by signing the bottom of this letter and returning it to this office. Regular hearing procedures will then be followed. This includes publishing a Notice of Hearing in the legal newspaper, an expense to be paid by you. In order to proceed as quickly as possible, we must receive your reply by May 22, 1991. If we are not in receipt of your request by that date, the matter will be considered closed. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 71;(4 �' Ofty- Gordon E. Lacy, Chairman skm W aL V"-3 V.S I/we � do hereby request the Board of County C issioners o review the above mentioned application. ahlbl4-f GAME. Ln9 1:&50NAikij S Ncb SUMMARY OF THE WELD COUNTY PLANNING COMMISSION April 16, 1991 Page 7 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ann Garrison - yes; Don Feldhaus - yes; Shirley Camenisch - yes; Jean Hoffman - yes; Judy Yamaguchi - yes; Bud Clemons - yes; Jerry Kiefer - yes. Motion carried unamiously. Jerry Keifer left at 2:50. Bud Clemons took over as Chairman. CASE NUMBER: USR-943 APPLICANT: Windsor Shores, Inc. , c/o Larry B. Eckel REQUEST: A Site Specific Development Plan and a Special Review permit for a private recreational facility (boating and camping) in the Agricultural zone district. LEGAL DESCRIPTION: Part of Section 27, 28, 33 and 34, T7N, R67W and part ,of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. Larry Eckel, President, Windsor Shores, Inc. , said he had been the CEO for recreation companies since May of 1969. This includes manmade or developed recreation areas to such as lakes, ponds, and ski areas for boating and camping. This particular lake is conducive to these needs and the Windsor Canal Company has agreed because of the economic impact to them. Membership for this proposal will be on a permit basis. Larry Eckel stated approximately 150 campsites would be located on the south end of the lake to extend up the east side. There will be one access road into and out of the area. There would be no activity whatso- ever on the dike or west side of the reservoir. This operation would run on an annual basis, April through September so there would be no negative impact on the geese that migrate to this area in the winter. The proposed boat ramp will be designed for all water levels. The receding water line will impact the number of permits sold, there will be restrictions on boat and trailer sizes. All boats will be equipped with underwater exhausts. There will be absolutely no snowmobiles, jet skis, motorcycles or horses allowed on the premises. Jean Hoffman was concerned about traffic in and out of the facility, due to the fact that the road curves sharply to the west. The Chairman asked if there was anyone in the audience who would like to speak for or against the application. John Houstoun, surrounding property owner stated concerns to include: the natural habitat of the white_pelicans, wild geese and..ducks_in_the_wetland areas,__ __; - coyote and fox. There have been numerous bald eagle sightings in the area around ::: ,- the reservoir. He is concerned about the septic proposal, the proposed gas pump area and storage area for 150 campsites. There is not alot of tree or large brush growth and this proposal covers pruning of the vegetation. He said by the 1st of August the reservoir looks like 2 separate lakes. It is virtually dry in the middle. He feels the surrounding property owners need more time to prepare for their negative response to this issue. Fk hib, -f- C 91042�" SUMMARY OF THE WELD COUNTY PLANNING COMMISSION April 16, 1991 Page 8 Howard Smith, surrounding property owner, 1500 feet south of the reservoir. Has the same concerns as John Houstoun. He explained the difference in the water level of this reservoir due to the fact that it is an irrigation lake. He feels this proposal is the wrong approach in this area: Kent Reitz, surrounding property owner also explained about the rise and fall of the level of the reservoir. By the middle of July the south end of the lake is landlocked. Campsites near the waterline in June could be up to 200 yards from the waterline in July, worse in August. Dale Feldte, surrounding property owner wanted to know what the impact on the reservoir company would be. He has run cattle around the lake for the last 9 years. Wildlife such as the white pelicans migrate this time of year, development will ruin migration. Portions of the lake are accessible only by horseback. He has also seen a house being moved onto the property. Larry Eckel responded to these issues, explaining the economic impact to the reservoir company would be a 7 year lease with a 5 year option. He is willing to move the dock area 65 feet to the north to offset the receding water line at the south end. He stated the flagged wetlands are considered low quality wetlands. Jean Hoffman asked Lanell Swanson when the information for this case had been posted. Lanell Swanson explained the surrounding property owners were informed March 20th, it was published March 21st, and posted April 6th. Jean Hoffman had seen it advertised in the Windsor Beacon. Lanell Swanson explained to the Planning Commission that the Board of County Commissioners had given Larry Eckel permission to move the house onto the property at his own risk. Paul Lentz, stockholder in reservoir and surrounding property owner said there was very little water in the reservoir in August and September due to the quantity of irrigation required in this area. Jerry McCrae, Engineer, explained the sewage disposal system proposed was an approved system. Bud Clemons asked if this system would require a protective lining. Jerry McCrea explained they would use a lining or clay bed. Harold Feldte, surrounding property owner wanted to know where irrigation waste was to be channeled. Who would be responsible for fencing and noxious weeds. He explained that property owners in the area lease hunting time, and this proposal would affect the number of geese. Although the nesting birds and water fowl might stay through the winter, this proposal will affect the flyovers and in the long run decrease the amount of geese, ducks and pelicans. The Chairman asked Lanell Swanson to read the staff recommendation into the record. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION April 16, 1991 Page 9 Jean Hoffman moved that Case Number USR-943, Windsor Shores, Inc. , be continued until May 7th, based on testimony heard today so that the surrounding property owners have more time to investigate the wetlands issue and other issues brought forth. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - no; Ann Garrison - no; Don Feldhaus - yes; Shirley Camenisch - yes ; Jean Hoffman - yes; Judy Yamaguchi - no; Bud Clemons - no. Motion denied. Lee Morrison explained that all information concerning this case was on file in the Department of Planning Services and was open to the public at all times . Ann Garrison moved that Case Number USR-943, Windsor Shores, Inc. , be recommended unfavorably to the Board of County Commissioners based on compatibility issues and testimony heard from surrounding property owners . She felt this proposal was a good plan in a bad location. Motion seconded by Judy Yamaguchi. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Ann Garrison - yes ; Don Feldhaus - yes ; Shirley Camenisch - yes ; Jean Hoffman - yes; Judy Yamaguchi - yes ; Bud Clemons - yes. Motion approved. Meeting adjourned at 4:30 p.m. Respectfully submitted, JaeFfilt-uff Secretary • 910421. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMI6SIbN ; RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO Moved by Ann Garrison that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-943 NAME: Windsor Shores, Inc. , c/o Larry B. Eckel (Windsor Reservoir and Canal Company) ADDRESS: P.O. Box 8236, Longmont, Colorado 80501 REQUEST: A Site Specific Development Plan and a Special Review permit for a private recreational facility (boating and camping) in the Agricultural zone district. LEGAL DESCRIPTION: Part of Sections 27, 28, 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. be recommended unfavorably to the Board of County Commissioners. Motion seconded by Judy Yamaguchi: VOTE: For Passage Against Passage Richard Kimmel Ann Garrison Shirley Camenisch Jean Hoffman Don Feldhaus Judy Yamaguchi Bud Clemons Jerry Kiefer The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on April 16, 1991. - - 17d the17th of A ril, 1991. �Sharyn F. Ruff 91.0421 Secretary �xh; b tB INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Windsor Shores, Inc. Case Number: USR-943 Submitted or Prepared Prior to Hearine At Hearing 1. Application 29 Pages X 2. 1 Application plat 3 pages X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. 2 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Preliminary Reservoir Lease X 12. 19 pages of deeds X 13. April 4, 1991, referral from Colorado Division X of Wildlife. 14. April 8, 1991, referral from Weld County X Engineering. 15. April 2, 1991, referral from Weld County Health X Department. 16. April 5, 1991, referral from Town of Windsor X 17. March 29, 1991, referral from Weld County X Sheriff' s Department. 18. March 28, 1991, referral from Army Corps of X Engineers. 19. March 28, 1991, referral from Colorado Water X Conservation Board. 20. March 26, 1991, referral from Oil and Gas X Conservation Commission. 21. March 26, 1991, letter to Stephen D. Weddle from X Lanell Swanson. 22. March 23, 1991, letter from Stephen D. Weddle X 23. March 22, 1991, letter to Larry Eckel from X Chuck Cunliffe. 24. March 18, 1991, letter to Lanell Curry from X Larry B. Eckel. 25. March 19, 1991, letter to Lanell Curry from X from Larry B. Eckel. 26, March 20, 1991, letter to Secretary of State X from Lanell Swanson. 91_0121 c---x h i b T rt INVENTORY OF ITEMS, WINDSOR SHORES, INC. Page 2 Submitted or Prepared Prior to Hearing At Hearing 27. March 19, 1991, letter to Larry Eckel from X Lanell Swanson. 28. April 7, 1991, letter of objection from X John and Wendy Houstoun. 29. Planning Commission sign posting certificate. X 30. April 12, 1991, referral from Windsor Fire X Department. 31. April 11, 1991, referral from Town of Severance. X 32. April 11, 1991, referral from West Greeley Soil X Conservation District. 33. April 11, 1991, letter of objection to Jerry X Kiefer and Gordon Lacy from Mr. and Mrs. Howard E. Smith. 34. April 7, 1991, field check from Jean Hoffman X 35. Windsor Beacon article. 36. April 10, 1991, letter of support from Joe X Seewald. 37. April 14, 1991, letter of support from Joseph R. X Kelleher, D.D.S, P.C. 38. April 13, 1991, letter of support from A. Jeffrey X Stamp. 39. April 13, 1991, letter of support from Le Neita X J. Stamp. 40. April 13, 1991, letter of support from Phillip X M. Willis. 41. April 12, 1991, letter from Robert G. Frank, X Windsor Planning Commission. 42. April 12, 1991, letter of concern from Michael X J. Donaldson. I hereby certify that the 42 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board' s office on April 19, 1991. u ent P n er STATE OF COLORADO ) COUNTY OF WELD ) tik “r6tBSGKIBED AND SWORN TO BEFORE ME THIS i day of jp(1 Q j 19q1 . �\t S.... t+ • •41 UBLIC . i My Commission Expires IYMMIn11theeMg '"': "r 15, 1994. 916421 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COUNTY COMMISSIONER'S HEARING FOR CASE # LIVZ CI LI 3 . THE SIGN WAS POSTED BY: NAME OF PERSON (IS ING SIGN SIGNAT OF APPLICANT STATE OF COLORADO ) COUNTY OF WELD ) SUBS/IBED AND SWORN TO BEFORE ME THIS //flit-DAY OF LITYLL4 . U �,� �y ) R�S�.�i • ► + NOT R " � ez �cj • eMY COMMISSION EXPIRES My commission expires October i , 1994. LAST DAY TO POST SIGN IS: 1 Ati 19 q I 91' 421 Date: April 16, 1991 CASE NUMBER: USR-943 NAME: Windsor Shores, Inc. , c/o Larry B. Eckel (Windsor Reservoir and Canal Company) ADDRESS: P.O. Box 8236, Longmont, Colorado 80501 REQUEST: A Site Specific Development Plan and a Special Review permit for a private recreational facility (boating and camping) in the Agricultural zone district. LEGAL DESCRIPTION: Part of Sections 27, 28, 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: This proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies and the Transportation Goals and Policies. The Urban Growth Boundary Area section provides for the County to encourage land-use development proposals as long as they conform to the desires of the affected municipalities. The Towns of Windsor and Severance have recommended approval of this request. The Transportation Section provides for the County to regulate access and require improvement of county roads when dictated by traffic demand and land development patterns. The conditions of approval and development standards will ensure that the Comprehensive Plan's goals and policies are met. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. 910421 RECOMMENDATION, WINDSOR SHORES, INC. USR-943 Page 2 Conditions of approval and development standards will ensure compatibility with the existing surrounding land uses which include agricultural production, pasture, rural residences, oil and gas production, and a livestock confinement operation. The use will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. The Windsor Reservoir is considered to be in the 100-year floodplain. No other overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording, the Special Review permit plat shall be amended to show a 50 foot right-of-way reservation north from the centerline of Weld County Road 74. 4. Prior to operating the facility, the applicant shall provide evidence to the Department of Planning Services that the required law enforcement authority has been created and is in effect. 5. Prior to any construction, land leveling activity, or other earth work at the sites adjacent to Windsor Reservoir, the area shall be mapped for wetlands and the wetlands and shoreline of Windsor Reservoir accurately delineated. After the wetlands and reservoir shoreline have been mapped, and prior to the placement of any permanent or temporary dredged or fill material into the wetlands or Windsor Reservoir, the proper Army Corps of Engineers permits shall be obtained. 910421. RECOMMENDATION, WINDSOR SHORES, INC. USR-943 Page 3 6. Prior to recording the plat: the applicant shall submit evidence to the Department of Planning Services that the Weld County Health Department has approved a dust control plan for the internal roads. the plat shall be amended to show the elimination of the access from Weld County Road 21 to the camping sites and the changes in the location of the campsites and boat ramp because of the wetlands areas. the applicant shall submit evidence to the Department of Planning Services that the Weld County Engineering Department has approved a detailed entrance design for the entrance from Weld County Road 74. 7. An I.S.D.S. Evaluation shall be performed on any existing septic systems prior to issuing the required septic permits on the existing systems. 91C42A SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Windsor Shores, Inc. USR-943 1. The Site Specific Development Plan and Special Review permit is for a private recreational facility (boating and camping) in the Agricultural zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. The property shall be maintained in compliance with the requirements of the Army Corps of Engineers. 4. No boating shall take place between October 1 and March 31 of any year. 5. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 6. No permanent disposal of wastes shall be permitted at this site. 7. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 8. Bathrooms with adequate toilet facilities serviced by an approved sewage disposal system, are required for the proposed facility and the systems shall be installed according to the Weld County Individual Sewage Disposal Regulations. 9. The septic systems for the caretaker homes and dump stations shall be designed and installed according to the Weld County Individual Sewage Disposal Regulations. 10. The internal roads shall be a minimum of 16 feet in width with a minimum 80 foot outside diameter for turnaround points. 11. All fuel storage tanks shall be bermed to contain the greatest amount of liquid possible that can be released from the storage tank in the event of spillage. 12. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 916421 DEVELOPMENT STANDARDS, WINDSOR SHORES, INC. CSR-943 Page 2 13. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 14. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 15. Personnel from the Weld County Health Department, Weld County Sheriff's Office, Colorado Division of Wildlife, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 16. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 17. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any o£ the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 910421 Z99 . 39bd L6I7 _ 11_01 16 , 21 add - ._ WINDSOR FIRE DEPARTMENT 728 Main Street •Windsor,Colorado 80550•(303)686-2626 Lanell J. Swanson " Dept-:-of Planning Services - --- Lanell.. . In reviewing the Development plan (Case Number USR-943) the following _ are reoommeridati'brid"by' our depaittnent. - 1. Road widths will be no less than 16 feet nrsS.-a ti. ,,,, as ` 's s f 2. The road;turn.-ar da S 'pr-11R^be n D .erss.•:tha3 @9,-At .eet, outside dlamete}�a lb ��. ft/Hill i ''`,tits)) `�' I ` -y4 ._ _1;it iv ii ,3.wtA Ct 8Ni' .1-1-- I �1 3. Above byflc� fue„srlt�age ank h��llk_ ave 1i stir hen dike around the ta� ltha �wi i hog _ aes t ��r��t'� . to' �,,,,,e4-2,0 . 11� ,F,�,,� If you hace ge queovol k iiiti�at�;�te der t! MF_,-,,,. i _' r Thank you GW2 un -� o�a ) - _If ,vi hs ChiefDave l,oWindsor Fire Dept. LAPF. 1 2 19!91 Weld cu. flaws aO agSsia, 920421 Z 'd 4 'ON 80101 166I .Z1 .40 03N 91-0 9NIHSINIA WW91 WOdA r . Li 1 r: i y 1 � a;PF. 1 2 1991 _PARTMENT OF PLANNING SERVICES "Y 'tId co, maw madam PHONE(303)3564000,EXT,4400 91510th STREET 1Pk " w G.REELEY,COLORADO 80631 4,41 I x m Of; F�Sy r ••<® COLORADO CORRECTED REFERRAL LETTER March 19, 1991 CASE NUMBER USR-943 TO WHOM IT MAY CONCERN: Enclosed is an application from Windsor Shores , Inc. , c/o Larry _B Eckel (Windsor Reservoir and Canal Company) for a Site Specific Development Plan and a Special Review Permit for a recreational facility (private facility for boating and camping) in the Agricul.tura.l zone district. The parcel of land is described as part of Sections 27, 28 , 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 2 , 1991, so that we may give full consideration to your recommendation. Please call Lane11 J. Swanson,. Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. X We du not have a Comprehensive Plan, but we feel this request (is/i•eimwrt) compatible with the interests of our town for the following reasons: 3 . We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed:: eyAtA ioku; �t6" Agency: TOLE-A) ©F pS_P-uF1-ePsi ncr Date: 1-�--� �( 1 - '") J�i1� �JC UNITED STATES SOIL 4" W. 9th Street Road DEPARTMENT OF CONSERVATION G_ :ley, Colorado 80634 AGRICULTURE SERVICE (303) 356-6506 Board of Supervisors Date O X7/ West Greeley Soil Conservation District 4302 W. 9th Street Road Greeley, CO 80634 Re: Site ,Review Request (/,' S s4„„ , Dear SCD Board, I have reviewed the above proposal from Weld County Planning for possible concerns with natural resource conservation. The following items were reviewed, and specific areas of concern have been noted. N/P P Comments (if possible problem) Soils Erosion I I Limitations IV- I Plants Revegetation / I Visual I / I I Wildlife Habitat I I 14 ( ou ePe [OR r J < !L u wK1-66406,7 11e'sAcu Wetlands I I need tbrD cohere to all ✓rfeda {/`r, 5 kid ye/ Air Quality f0 nJC(/ccnolc u-Ackt canstl{ 4e/, _ roue d skt, Dust I - I I Water Quality Sediment I/ I I Runoff I -I' I I Pollutants I I ICI (Pa e.51,[,, °vusfe ciAvosa / cot i d;usegt, canyvs Reclamation Site Prep. I --I- I I Seeding I I Prime Farmland ICI I I If you feel a letter addressing these specific concerns is needed, I will be happy to assist you to develop the technical recommendations. Sincerely, - ( Frank R. Riggle District Conservationist 91C 421 p C-:, _ --� i', J) F 35712 Weld County Road 19 Weld Co. Pl2nng canuossim Windsor, Colorado 80550 April 9 , 1991 Mr. Jerry Kiefer Chairman Weld County Planning Commission 915 - 10th Street Greeley, Colorado 80631 Dear Mr. Kiefer: This letter will serve to express our serious concern regarding the proposed Windsor Reservoir Recreational area. We regret that our first knowledge of the project came with the receipt of the Windsor Beacon at approximately 3 : 00 p.m. , April 4 , indicating a Windsor Planning Commission meeting that same evening, which we were unable to attend. Located in a prime agricultural area of Weld County, we believe our property, as well as that of nearby neighbors, has enhanced the value of this community and will continue to do so. We believe , further, that the development of the recreational area will seriously threaten these property values, particularly because of aesthetic degradation, as well as problems of noise , litter, waste disposal , etc. , commonly associated with invasion of transient groups of this nature. These problems will be further aggravated because of the major shoreline fluctuation during the summer months, and the need for temporary arrangements to reach the receding shoreline . Any very limited, short-term economic gain from the project will be more than offset by the loss in property value, as well as tax revenue from quality estate development in the future. Two questions also come to mind regarding the procedure for considering this proposal : 1 . Why were the residents of the immediate area not given sufficient notice to consider this before discussion by the Windsor Planning Commission? 91-C421. --2 April 9 , 1991 2 . Why was work already started on the project before approval? (House moved to area on April 1 or 2 , and other underground work started on east side of reservoir at approximately the same time. ) Your careful consideration of the above will be greatly appreciated. Sincerely, /7 N- Mr. and Mrs . Howard E. Smith HES : lmm cc : Mr. R. Frank Mr. W. Kirby Mr. W. Webster 91C421. CIrn- 35712 Weld County Road 19 IC ili'= C. Windsor, Colorado 80550 April 9 , 1991 4 I I - \ " Mr. Gordon Lacy rj Chairman II, Weld County Commissioners U 'if7 i C 915 - 10th Street �I`. ) Greeley, Colorado 80631 ftM Cn. PlamM:4 c 1mmssth Dear Mr. Lacy: This letter will serve to express our serious concern regarding the proposed Windsor Reservoir Recreational area. We regret that our first knowledge of the project came with the receipt of the Windsor Beacon at approximately 3 : 00 p.m. , April 4 , indicating a Windsor Planning Commission meeting that same evening, which we were unable to attend. Located in a prime agricultural area of Weld County, we believe our property, as well as that of nearby neighbors , has enhanced the value of this community and will continue to do so . We believe, further, that the development of the recreational area will seriously threaten these property values , particularly because of aesthetic degradation, as well as problems of noise , litter, waste disposal , etc . , commonly associated with invasion of transient groups of this nature. These problems will be further aggravated because of the major shoreline fluctuation during the summer months , and the need for temporary arrangements to reach the receding shoreline. Any very limited, short-term economic gain from the project will be more than offset by the loss in property value , as well as tax revenue from quality estate development in the future . Two questions also come to mind regarding the procedure for considering this proposal : 1 . Why were the residents of the immediate area not given sufficient notice to consider this before discussion by the Windsor Planning Commission? 910421 �} � , - :� (,\ '),�`,.C,� t C.., �.'i �� X71-- _ - - --2 April 9 , 1991 2 . Why was work already started on the project before approval? (House moved to area on April 1 or 2 , and other underground work started on east side of reservoir at approximately the same time . ) Your careful consideration of the above will be greatly appreciated. Sincerely, 4 yyr - , Mr. and Mrs. Howard E. Smith HES: lmm cc : Mr. R. Frank Mr. W. Kirby Mr. W. Webster 91C42,A FIELD CHECK Filing Number: USR-943 Date of Inspection: V ( 7 - 6:: / Applicant's Name: Windsor Shores, Inc. , c/o Larry B. Eckel (Windsor Reservoir and Canal Company) . Request: A Site Specific Development Plan and a Special Review permit for a recreational facility (private facility for boating and camping) in the Agricultural zone district. Legal Description: Part of Sections 27, 28, 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. Location: North of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. Land Use: N / ✓.,, ',e'. Zoning: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: ° u _ ! w� G� e J; 7 r ? g ' Gr / r �{ 7 � e vni r'>.,.�fi ie . l _ ;r 91_C<s1. �� TZVOT6 M1� t , /p co 0.O C U •U = U .5 N ."., el .U.. � N 'a''' 't) V � ��3 p O ti � 0 lc 3 3 g a.. " c c ., ., Li w 3 0 - ns ccd .c c "C c a) oc� o .. cyryo .`_dal .pa . N CacoET. pGOyO .oC • 1... ... •c 'v N 0 s, v, cd aai a -» 'b cd y U «s •o J toe) ch ' p co U , O N ° w •C D E L. r0 a) In o � '"" O A cv .O N cv � � pA C: � `'i O d N .. .. CT y N — •y U .r (� .O [� U • O G.' ... tl � .Oa K e, •5w , i.. o y. c c `i 3 ~_ cQ e 35 ) '°� " o .7.s. Uq 1n � N U c � .c 0 O .OQ '0 ,.c ti c-. o. v 3 ° ca') �. y .. U cv . 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' '> o w E ° a� at U3 -y c 5 3 oy . 3 U .� o v E c'� p u `'. 8 rx `.'.•n 'fl .b oma E .a C . , cE f� , O 'o O ?,, 0 O -u „ > V U C a C G C U COA lO cOd an rJ r/t � E 0 c o y ey c m •b I.. -c .t. e ,3 c 3 cn °° 2'.5 3 3 w o A. y V F" o eo > E V r Citi ° A b 3 t`.) �' = cv cn FS• p•O G .. �a,.. r�' 0, 0� c ~ ,� N •tl �1•G y y 4 v /� }� y o .C o ..0 � 0 - 3 3 ° , a 0 a U •- m `° O A 'S O `�° C •S a, °; y i 0;... a0i 0 \M CD C c y N E ■®tCA O CD t3 . >, y cy DD.."' t7 f3 c O p 0 ° o a) .E o m c� 0 .0 — •� a y A a E8 •3 •c E J = ❑ o o °{> y c O cs d E E O = E 'd t a) •, -O 3 L1. -- O ."i t•. 'F•. G O O �' � cb an y r, ° .° r7 F O 0 p g:16 � � � V > � C H C t7 rlll� r1 a� 3 as ey •3 a3 Gx, a ,) :� ? •o 'er, Q � 3 0 U n. 03 � 3 0 4 April 10 , 1991 Dear County Commissioners : I am Joe Seewald, and I live at 12456 Weld County Road 1 , Longmont, Co. I am sorry that I cannot attend this meeting due to failing health, but chose to write this letter instead. I have known Larry Eckel for some 7 years due to his involvement with Water Sports West, and have always known him to be a good honest businessman and person. Larry has always made an attempt to do what was right for the neighbors and respected their property and privacy. We have never had one problem with his water facility and feel that he has always been a good neighbor . We feel that you should give him a favorable hearing as we all would like to have more neighbors in Weld County like him and his members . Thank you for your time and concern involving matters of importance for our county and their residents . Sincerely,v1;4,„, fra Q�L Joe Seewald JS/mw cc ; file [n ll r} i /y41� An AI:!!!ni!! Immu Cuu 91'0421 JOSEPH R. KELLIHER, D.D.S., P.C. 2929 W.17TH LONGMONT.COLORADO 80501 TELEPHONE: 772-6333 4/14/91 TO WHOM IT MAY CONCERN: Larry and Connie Eckel who ran Water Sports West for many years were always good neighbors. The area was always kept clean and we never had any trouble with the members. The members never came up on shore onto our private property. They had a rule about not going within 50 feet of private property. The lake has recently gone public and we would much rather have the Eckels back. Sincerly, c; 7; I7 _n rii � f� vont Cg. obiraHne .eum,,,,n4 ,„ 910421 Weld County Planning Commission 4/13/91 RE: Recreation operation run by Larry Eckel at Union Reservoir Dear Sir , I am writing to express my opinion regarding Larry Eckel ' s management of Union Reservoir . I have a ten acre property which adjoins Union and I was always pleased with the courteous way in which Larry managed the lake. Larry kept good control over the recreation users of Union. Larry always treated me. as a land owner, with respect and courtesy . I was always very pleased with the operation that Larry conducted. If you have further questions or need additional information please feel free to contact me at 772-5155. S ' a el Yours , i Jeffrey Stamp 12624 WCR#1 Longmont , CO 80504 19, ,tr ;it + ) 91C421 Weld County Planning Commission 4/13/91 RE: Recreation operation run by Larry Eckel at Union Reservoir Dear Sir, I am writing to express my opinion regarding Larry Eckel ' s management of Union. Reservoir . I have a thirty-five acre property which adjoins Union and I was always pleased with the courteous way in which Larry managed the lake . Larry kept good control over the recreation users of Union. Larry always treated me , as a land owner , with respect and courtesy . I was always very pleased with the operation that Larry conducted. If you have further questions or need additional information please feel free to contact me at 772-5155 . Sincerely Yours , c,nzez-ez p_aer LeNeita J . Stamp 12922 WCR#1 Longmont , CO 80504 /I k� !:b Gt,7trgtrnr ,.nrrRnrrfa,. ,.`--✓ 92C42A April 13 , 1991 Dear Weld County Commissioners , I am Phillip M. Willis , and I reside at 12244 Weld County Road 1 , Longmont, Co. 80504 . My property lies immediately adjacent to Water Sports West ' s overnight camping facility. In the past 6 to 7 years Water Sports ?west has been an extremely good neighbor to my family and I . We were not members and did not have any ties to this club at all . When this facility first came into being we had some very grave doubts as to it ' s effects on our property and close proximity to our residence. I can honestly say that in all those years , not one time did we ever have one incident that impacted us in a negative way. We had farm equipment, farm livestock, hay, Game Birds , corrals , buildings and many personal items within several feet of the campground and not one time did we ever have one thing turn up missing, not even firewood. This club and it ' s management have shown the absolute highest degree of professionalism for quite a number of years . I would recommend them as the kind of recreational facility that all of us would want for Weld County, pro, would recommend your approval for Larry Eckel . I am sorry that I cannot attend this as I have to work, but I would be happy to answer any questions that might arise in the future. Please feel free to call me at home 776-6660 or work 480-0110 (Denver) . Sincerely, K. il i- Phip M. Willis I , PMW/mw Ij{A cc; file 91C421 �j iL�) tri �nas 7dwLG of `Winaesor^ 0 - r S**•, 1_ . ,s, r 4 ti 301 WALNUT • WINDSOR, COLORADO 80550 TELEPHONE: (303) 686-7476 April 12 , 1991 Weld County Planning Commission Mr. Jerry Kiefer, Chairman C: _ 915 10th Street i.i , Greeley, CO 80631 (`` *, 1 ° 195. AL_ Wild to, snot* .lioi n O RE: Windsor Shores, Inc. Dear Mr. Kiefer, When the Windsor Planning Commission considers Weld County Referrals, our primary concern is to evaluate the impact on the Town. Last Thursday the Windsor Planning Commission heard a referral regarding a proposed recreational facility about two miles North of Town. (Windsor Shores) While this facility does not appear to adversely affect the Town for the foreseeable future, several neighboring property owners have expressed concern, and I believe those concerns should be carefully considered in arriving at a decision. Sincerely, TOWN OF WINDSOR ��14,X_ 2e7- ,iii a., Robert G. Frank CLY ' Windsor Planning Commission pc: Mr. John Houstoun Mr. Howard Smith 91C421 21 Donaldson & Company P.O.Box 1312,Fort Collins,Colorado 80522 Phone(303)493-6698 April 12, 1991LI w, -'i !'.. � I' !` r U irf Ms. Lanell J. Swanson Department of Planning Services 915 10th Street tilt1 v2,3, nkgpnlglt attimI VOt Weld County, Colorado 80631 Re: Windsor Shores Recreation Development Weld County, Colorado Dear Ifs. Swanson: We are adjacent property owners on the East side of Windsor Reservoir. We own approximately 200 acres of land on the Southeast } of section 34, Township 7 North, Range 67 West of the 6th P.M. We have reviewed the files submitted by the above referenced developer. Additionally, we met with Mr. Larry Eckels, the President of the Windsor Shores Development Corporation. While we are not in complete agreement on the details of Mr. Eckel's development, we are generally in favor of use of the reservoir for recreational purposes. We are very concerned about the placing of permanent individual structures on the 100 lots that Mr. Eckel is developing along the East shore of the lake. We feel that they will affect not only the view and the ascetics of the general area, but will become attractive nuisances for people not having legal and lawful rights to use the reservoir property. We also feel that it will affect our property as either a farm or a development if the final should eventually take place. What we are suggesting to Mr. Eckel is that he consider three or four permanent structures for storage of his materials for users of the Lake Association. This would be much less objectionable to the ascetic value and also to the wildlife and ecology of the area. Again Ms. Swanson, the purpose of this letter is to state our position with regard to the above referenced development. If you have any questions or comments please do not hesitate to contact us. We would be most interested in keeping advised of the remaining developments of Windsor Recreation Association Development Project. Very trulyy/ yours, K171 7 / Michael J. Donaldson MJD/cam �x 91C 21 Real Estate Brokerage and Investments PLANNING COMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR CASE # u K C11-/-< THE SIGN WAS POSTED BY: 14-e 1L Fc V€L__ NAME OF PERSON POSTING SIGN s, TAX SIGNATU�R; OF APP ICART STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 4794 DAY OF _� di , 19 4?/ •• ' ., l dmikt y. �71 r I f C I • MY ccmmissicn expires 0cto 15, MY COMMISSION EXPIRES " , LAST DAY TO POST SIGN IS: , 19 91C-121 LAND-USE APPLICATION SUMMARY SHEET Date: April 9, 1991 CASE NUMBER: USR-943 NAME: Windsor Shores, Inc. , c/o Larry B. Eckel (Windsor Reservoir and Canal Company) . ADDRESS: P.O. Box 8236, Longmont, CO 80501 REQUEST: A Site Specific Development Plan and a Special Review permit for a private recreational facility (boating and camping) in the Agricultural zone district. LEGAL DESCRIPTION: Part of Sections 27, 28, 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received recommendations from the Weld County Sheriff's Office, Army Corps of Engineers, Colorado Water Conservation Board, Oil and Gas Conservation Commission, Colorado Division of Wildlife, Weld County Health Department, Weld County Engineering Department and the Town of Windsor. One verbal objection has been received from a surrounding property owner. 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A �o ,i 'i\. l , I � � i - - PN_ ,> , 7 ,,' I 9" p lv , J� v _ FIELD CHECK FILING NUMBER: USR-943 DATE OF INSPECTION: April 4, 1991 APPLICANT' S NAME: Windsor Shores, Inc. , c/o Larry B. Eckel REQUEST: A Site Specific Development Plan and Special Review permit for a recreational facility (private boating and camping) in the Agricultural zone district. LEGAL DESCRIPTION: Part of Sections 27, 28, 33, and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. LAND USE: N Agricultural production, pasture, rural residences. E Oil and gas production, pasture, agricultural production, livestock confinement operation, rural residences, proposed residential P.U.D. S Weld County Road 74, agricultural production, rural residences. W Pasture, agricultural production, rural residences, Highway 257, canal. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is proposed from Weld County Road 74, a paved county arterial and Weld County Road 21, a gravel county local. A move-in house has been placed on the property. There is also some construction equipment on the property. The area to be used by the members does not appear to be productive farmground. Some trees are in place around the shoreline of the reservoir. u ent l(fri4 91C421 REFERRAL LIST NAME: Windsor Shores, Inc. , c/o Larry B. Eckel (,,,SE NUMBER: USR-943 (Windsor Reservoir and Canal Company) REFERRALS SENT: March 19, 1991 REFERRALS TO BE RECEIVED BY: April 2, 1991 COUNTY TOWNS and CITIES _Attorney _Ault X Health Department _Brighton Extension Service Dacono Emergency Management Office Eaton *" X Sheriff' s Office _Erie ✓ X Engineering Evans Housing Authority _Firestone Airport Authority _Fort Lupton Building Inspection _Frederick _Garden City STATE Gilcrest Division of Water Resources _Greeley _Geological Survey _Grover Department of Health Hudson Highway Department _Johnstown Historical Society Keenesburg X Water Conservation Board _Kersey i X Oil and Gas Conservation Commission La Salle / X Division of Wildlife Lochbuie FIRE DISTRICTS _Longmont Ault F-1 Mead Berthoud F-2 _Milliken _Brighton F-3 New Raymer _Eaton F-4 _Nunn Fort Lupton F-5 _Platteville Galeton F-6 X Severance _Hudson F-7 X Windsor �u _Johnstown F-8 La Salle F-9 COUNTIES Longmont F-10 Adams Milliken F-11 Boulder Nunn F-12 Larimer _Pawnee Platteville F-13 FEDERAL GOVERNMENT AGENCIES _Platte Valley F-14 / X US Army Corps of Engineers Poudre Valley F-15 USDA-APHIS Veterinary Service Raymer _Federal Aviation Administration Southeast Weld F-16 _Federal Communication Commission X Windsor/Severance F-17 _Wiggins F-18 Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins X Central Colo. Water Conservancy Dist. X Greeley Panhandle Eastern Pipe Line Co. _Longmont Tri-Area Planning Commission _West Adams COMMISSION/BOARD MEMBER X Eaton Canal X Jean Hoffman c/o Larimer-Weld Irrigation Co. Box 206 Eaton, CO 80615 91C421 ,i f r ,w f STATE OF COLORADO ( • 1 REFER TO Roy Romer,DEPARTMENT�OF NATURAL RESOURCES vernor ti ° ' ' �4j DIVISION OF WILDLIFE t. -- _ b AN EQUAL OPPORTUNITY EMPLOYER � Perry D. Olson,Director } u4 Pl3{1ltttt I;Illtlntt it - V 6060 Broadway �f0/ ti4 Denver.Colorado 80216 �'OF* Telephone:(303) 297-1192 Northeast Region Office For Wildlife- 317 West Prospect. For People Fort Collins , Colorado 80526 April 4 , 1991 Lanell J. Swanson Department. of Planning Services 915 10th Street Greeley, Colorado 80631 Ms. Swanson: This letter is in response to the Planning Services review and recommendation request on Windsor Shores, Inc . , case .number U. S .R. 943 . I have , with the assistance of other DOW personnel , reviewed the Windsor Shores proposal . It appears that, Mr. Eckel has a well thought out plan and plans on operating a neat and tidy operation. There are , however, some points that have been overlooked in• their assessment of the impacts of Windsor Shores . One fact that is not addressed anywhere in the proposal is the waterfowl use of New Windsor Reservoir. New Windsor Reservoir is a waterfowl wintering;/roosting area. New Windsor Reservoir was one of the original areas used to establish the first Canada geese in the North Central part of the • state . This effort was successful ; there is now a large population of Canada geese available to the people of Colorado . .areas .like New Windsor Reservoir remain important to maintaining this population. New Windsor Reservoir winters between 1 , 000 to 10 , 000+ geese depending on the time of year and/or weather conditions . These geese, along with a smaller population of ducks , use New Windsor Reservoir all year. The heaviest use is from mid-September through mid-April . In rite proposed use section it is stated "use of the property is recreation, namely boating , water skiing , sailing, camping , fishing and associated water sports. " In the next section ( Employees , Shifts and Hours of Operation ) it is stated that most of the water sports activities will be during May, June , July, _August and September. It is also stated that some activity will be before May and after September. These dates are cause for concern. If there are any activities which disturb the wintering or roosting waterfowl , primarily Canada geese , they could abandon 910121 DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman . Dennis Luttrell,Vice Chairman . Eldon W. Cooper, Secretary Felix Chavez. Member . Rebecca L. Frank, Member . Louis F. Swig, Member . George Van Den Berg, Member. Larry M. Wright, Member • Page 2 April 4 , 1991 the area. If the geese abandon this area several things will take place. 1 . The geese :ill move to other areas like the metro areas of Fort Collins and Greeley. This will compound the goose problems already present in these metro areas. Outlying areas such as New Windsor are becoming more and more important in the work that is being done to ease the metro goose problems. 2 . Displacing the goose population from New Windsor could cause an over population in some other agricultural area and result in increase crop depredations ( see letter from Mike Szymc;zak, wildlife researcher ) . In the Windsor Shores proposal there is a section titled "Existing Area Uses. " In this section, surrounding agriculture , country estates and grazing are addressed. This is not a complete evaluation. The area around New Windsor Reservoir and the wintering and roosting closure is one of Colorado' s main goose hunting areas . Many of the land owners in the area lease or rent hunting opportunities to the public . The land owners who do this leasing make many thousands of dollars over the hunting season and some have come to regard it as part of their annual income. By leasing and renting their lands the landowners are basically creating a large public hunting area; and the geese which are harvested help to control and maintain the goose population in the area. Again , the wrong use at the wrong time could cause the geese to abandon the area and in this case cause a major economic impact to local land owners and one small community-Severance . It could also eliminate thousands of hours of hunting opportunities now available to the people of Colorado. Another fact which needs to be pointed out is a bald eagle roosting area.. On the west., northwest side of New Windsor there is a grove of cottonwoods on the Cullison Farm. This grove has been used by wintering bald eagles with numbers reaching as high as 20 at one time . Human activity in the winter could displace these birds. As you can see , some points have been overlooked in the Windsor Shores proposal. . These oversights could have major biological and local economic impacts. Recommendations: Most of the adverse activity to the area wildlife and wildlife associated recreation would be those in the fall and winter months. Therefore, if all boating was to stop by October 2 (when the geese start moving into the area.) and not be allowed to 91C21`'A Page 3 April 4 , 1991 resume until March 31 of the next year, impacts would be minimal . In effect , the lake would be closed from October 1 through March 31 of each year. The southern one quarter of the lake could be exempted from this closure since this is where the shop and residence will be located. If this closure is put in place , then it could be activated during April 1 through September 30 with no restrictions placed on them. In the Windsor Shores proposal water rules and regulations, it is stated that "a state fishing license will re required" and in the boating and skiing rules it is stated that "officials from the state. . .will be encouraged to assist in this enforcement. " These statements are greatly appreciated but their enforcement often proves difficult . Many times when private clubs are formed the people involved often develop the attitude that they are exempt from lams and regulations and the club property is closed to everyone except them. They also may have an attitude that no law enforcement should be allowed. From the proposal it is obvious that Mr. Eckel does not feel this way but sometimes the paying members can create a situation beyond the control of the people in charge . It is , therefore , recommended that in the Windsor Shores permit , a stipulation be included that all Wildlife officers , Parks and Outdoor recreation officers , Weld County Sheriff' s deputies or any other law enforcement personnel be allowed access to the lease area. This means being given a key or combination to all gates , if so requested by the officer and that the DOW or DPOR have use of the boat ramp to launch boats to do the enforcement Mr. Eckel wishes to have done . All enforcement activities will at all times be in complete accordance with the laws and regulations of the U. S . constitution and the State of Colorado . Officers will only be in the area in the line of duty unless otherwise invited. Mr. Eckel has a well planned proposal . If the permit is granted with the above mentioned stipulations , a good working relationship between the DOW and Mr. Eckel will also be started. Thank you for the opportunity to comment on this proposal . If you need to contact me, I can be reached at X154-3162 . Sincerely, v v l d` John Wagner Division of Wildlife Manager JW/vt 91'0421. Divisional Correspondence Only 0 , dr IJ21 n (f STATE OF COLORADO ' '>r J ,7GI - I DIVISION OF WILDLIFE DEPARTMENT OF NATURAL RESOURCES delg r - DATE:April 2, 1991 T0: John Wagner ((��n FROM: Mike Szymczak', Wildlife Researcher SUBJECT: New Windsor Reservoir New Windsor Reservoir has been a very important roost area for waterfowl since it was constructed. In more recent times it has served as focal point for Canada geese that winter in north central Colorado. The New Windsor waterfowl hunting closure was established in 1964 to provide a wetland roost and feeding area for the increasing population of Canada geese that were beginning to spend the winter in north central Colorado. At that time the population numbered about 5,000 geese. Objectives of establishing New Windsor and other closures were to: (1) provide safe roosting areas surrounded by agricultural land that would attract wintering geese, (2) provide areas of goose concentration, distributed throughout north central Colorado so that birds would be well distributed through the area and thus widely available to hunters when birds leave roosts to feed, (3) to encourage a wide distribution of birds to limit the possibility of avian diseases and (4) to provide alternatives to urban roost areas. It is common knowledge among waterfowl managers that following water availability, disturbance is the number 1 factor affecting waterfowl distributions. Therefore, the only way waterfowl managers can impact distributions is through controlling disturbance. Since establishment, the New Windsor closure has been the most effective closed area in meeting the above objectives. New Windsor has provided a safe roost for as many as 10,000 Canada geese. The total population of Canada geese now wintering in north central Colorado numbers nearly 100,000. The objectives for a wide-spread distribution of the population remain the same. Maintaining disturbance-free areas is even more critical now because of the size of the population and encroachment of urban developments in agricultural landscapes. The New Windsor closure, and the surrounding area, is an excellent example of a roost that has not been significantly impacted since it' s inception. Unfortunately, other wetland roosts have been. The loss of New Windsor as a fall and winter wetland roost would definitely have a negative impact on waterfowl and waterfowl management objectives in this region. I believe to meet waterfowl management objectives, New Windsor should remain disturbance-free from October 1 through March 31 annually. I would be more than willing to present more detail or express my opinion to others, if you feel that is needed. 91C12,1 MEMORAnDUM Wilk Lanell Swanson, Planning April 8 , 199 1 To Date Drew Scheltinga, County Engineer -- COLORADO From Windsor Shores, Inc. , USR-943 sobom ----------The traffic generated by this proposal will have a substantial impact in terms of the peaks created on weekends during the recreation season. The impact will be the dust created by traffic, as opposed to the weight of the vehicles . I recommend the applicant be required to pave Road 21 from Road 74 north to the proposed access, or eliminate the access onto Road 21. Also, the internal road system will create a substantial dust problem. I recommend the applicant be required to submit a dust control program for the internal roads. The current average daily traffic on Weld County Road 74 exceeds 2 , 500 vehicles per day. Therefore, it is important that the entrance onto Road 74 be properly designed and constructed to geometric standards for arterial roadways . The applicant should be required to submit a detailed entrance design for approval by the Weld County Engineering Department prior to recording the Use By Special Review Plat. DS/mw:prwind.mrw cc: Commissioner Harbert Planning Referral File - Windsor Shores, Inc. - USR-943 el n 47°14 4.J G *sectost;, MEMORAnDum Nip C. To • , • COLORADO F,om Wes Potter. Director, nv�ronmental rotection Services Subject CRSP Number: USR-943 Name: Windsor Shores Inc. Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 4. An I.S.D.S. Evaluation on any existing septic systems will be necessary, prior to issuing the required septic permits on the existing systems. 5. Bathrooms with adequate toilet facilities serviced by an approved sewage disposal system, are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. The septic systems for the caretaker homes and dumpstations are required to be designed and installed according to the Weld County Individual Sewage Disposal Regulations. WP/lam-53 Li °R ' ;31991 r� -rte Wetd CU•. Pl .. .0„„si:d:: 9,,,2,.. �,7M, DEPARTMENT OF PLANNING SERVICES PHONE(303)356.4000,EXT.4400 ' ,` 91510th STREET F.� GREELEY,COLORA 0631 Vt �� Uj:lr ', +J t / i f tJ 0 1991 COLORADO CORRECTED REFERRAL. LETTER L—_ ___ • i] March 19, 1991 CASE NUMBJj CbJ TO WHOM IT MAY CONCERN: Enclosed is an application from Windsor Shores, Inc. , c/o Larry B. Eckel (Windsor Reservoir and Canal Company) for a Site Specific Development Plan and a Special Review Permit r�_-� -- _-.. or a recreational facility (private facility for boating and camping) in the Agricultural zone district. The parcel o£ land is described as part of Sections 27, 28, 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 2, 1991, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3._ // We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. . Signed: - 6. Agency: Date: /-f/7,-, 91%,'421 OFFICE OF THE :'HERIFF MEMORANDUM Lanell J. Swanson r- TO 12t Sheriff Ed Jordan i „ , FROM March 29, 1991 �" e y 199i /,A' llATF, Windsor Shores, Inc. USR-943 —RE 444,444 I have reviewed the USR application for Windsor Shores, Inc. and have some concerns about the project. The fact this is a private facility makes it somewhat different than our experience with public facilities similar to Barbour Ponds near Longmont. Occupancy projections indicate 450-500 people could be using this facility on holidays and weekends during water sports months. That is about the same number of people as some of the incorporated municipalities in Weld County. The months of May through September is also the peak period for service demand by the Sheriff's Office. The highest concentration of calls for service during the week also occur on weekends. Call response on weekends during these months already have to be prioritized because resources have not kept pace with demand. That means response to non-emergency calls is being delayed for some time. I have serious concerns any additional demand from this facility would only add to the problem. Some efforts to mitigate the demand for public safety services have been made in the proposal. However, holiday and weekend recreation frequently involve alcohol and the effectiveness of private security is limited. Secondarily, these mitigation efforts do not extend to increased traffic flow on CR 74. One solution might be a purchase of service agreement for additional public safety coverage during weekends and holidays directly with Windsor Shores. That would enable a response vehicle to be placed on premises during peak use and could be included into membership costs. The formation of a Law Enforcement Authority to provide resources for an additional service is another alternative. Perhaps there are other alternatives. I am concerned that additional service cannot be provided without additional resources. EJ:RD:lq 91' F 2.1 DEPARTMENT OF THE ARMY w _ CORPS OF ENGINEERS,OMAHA DISTRICT mA ir, TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 LITTLETON,COLORADO 80123-6901 REPLY TO ATTENTION OF March 28 , 1991 Regulatory Branch Ms . Lanell Swanson Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Ms . Swanson : • Reference is made to case No . USR-943 Windsor Shores , Inc . , c/o Larry B. Eckel . Prior to any construction, land leveling activity, or other earth work at these sites adjacent to Windsor Reservoir, the area should be mapped for wetlands and the wetlands and shore line of Windsor Reservoir accurately delineated. After the wetlands and Windsor Reservoir shoreline have been mapped, this office should be contacted for proper Department of the Army Permits prior to the placement of any permanent or temporary dredged or fill material into the wetlands or Windsor. Lake . Please find the enclosed list of Environmental Consultants who may assist in the wetland delineation and mapping. Sincerely, __x<0\3\AI \12.k.- TERRY McKEE Environmental Resource Specialist Encl cc: Permits File Omaha Permits Branch Si t42/. ENVIRONMEIGTAL CONSULTANTS - This list is not compiled to endorse any specific cons ' tant DAVID L. BUCKNER ESCO Associates P.O. Box 13098 STEPHEN G. LONG Boulder, CO 80308 ( 303 ) 447-2999 & STEVE VIERT Cedar Creek Associates , Inc . 916 Willshire Avenue JANE BUNIN, PhD. Fort Collins , CO 80525 Natural Science Associates ( 303 ) 493-4394 Home : 493-1893 3010 Regis Avenue Boulder, CO 80303 DAVID MEHAN ( 303 ) 499-5014 Wright Water Engineers 2490 W. 26th Avenue DAVID COOPER Suite 100A Department of Environmental Sciences Denver, CO 80211 Colorado School of Mines ( 303 ) 480-1700 Golden, CO 80401 ( 303 ) 499-6441 PATRICK H. MURPHY Plant Ecologist JEFFEREY L. DAWSON Ebasco Environmental Project Scientist 143 Union Boulevard Woodward-Clyde Consultants Suite 1010 Stanford Place 3 , Suite 1000 Lakewood, CO 80228 4852 S . Ulster Street Parkway ( 303 ) 988-2202 Denver, CO 80237 ( 303 ) 694-2770 ERIK OLGEIRSON, PhD. Telex 501285 ( Woodward DVR) 305 Emerson Street Denver, CO 80218 STEVEN DOUGHERTY ( 303 ) 733-8121 ERO Resources Corporation 1740 High Street LAURANNE RINK Denver, CO 80218 Aquatic & Wetland Consultants ( 303 ) 320-4400 Siena Square FAX ( 303 ) 320-4491 2060 Broadway, Suite 255 Boulder, CO 80302 SCOTT ELLIS ( 303 ) 442-5770 Environmental Research & Technology FAX ( 303 ) 442-8133 1716 Health Parkway Fort Collins , CO 80524 RANDY SCHROEDER ( 303 ) 493-8878 Greystone Development Consultants 5990 Greenwood Plaza Boulevard LOREN HETTINGER, PhD. Suite 104 Dames & Moore Englewood , CO 80111 1125 Seventeenth St . , Suite 1'200 ( 303 ) 850-0930 Denver , CO 80202-2027 ( 303 ) 294-9100 PETER SMITH Stoneman Landers , Inc . DAVID JOHNSON 11480 Cherokee Street , 47 Western Resource Development Denver, CO 80030 711 Walnut Street ( 303 ) 280-0048 Boulder , CO 80302 ( 303 ) 449-9009 BRUCE SNYDER DEBORAH KEAMMERER Engineering-Science , Inc . Stoecker-Keammerer & Associates 1100 Stout Street , Suite 1100 Ecological Consultants Denver, CO 80304 5658 Woodbourne Hollow Road 031 035-8100 Boulder, CO 80301 ( 303 ) 530-1783 MICHAEL J . TUPA 91G421 12487 Associates , Inc . 9 12487 E. Amherst Cr. Aurora, CO 80014 ( 303 ) 755-6315 fits (0.") C ' _ DEPARTMENT OF PLANNING SERVICES ;�2 q l.!a 11 �� ,p _ ? PHONE(303)356-4000,EXT.4400 I I " CGf `' 91510th STREET }°'•,O r' ? �95, GREELEY,COLORADO 80631 O v 1 MAR 2 0 1991 Weld Co. dimwit Commtssus COLORADO March 19, 1991 CASE NUMBER USR-943 TO WHOM IT MAY CONCERN: Enclosed is an application from Windsor Shores, Inc. , c/o Larry B. Eckel (Windsor Reservoir and Canal Company) for a Site Specific Development Plan and a Special Review Permit for a recreational facility (private facility for boating and camping) in the Agricultural zone district. The parcel of land is described as part of Sections 27, 28 , 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. ✓ We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please //reChi-11,14- Agency: ffeelr to the enclosed letter..03—On-64-6) ///� �, /�1� Signed: J l� ut tk_ Chi- ,14— Agency: �� (0)tan nit. ` &rat,,,(. Date: 37Zd /Q i 91C4.':' I. • ,„ery • (fri ‘v RECEIVED df �,1 ~" MAR 25 1991 DEPARTMENT OF PLANNING SERVICES - PHONE(303)356-4000,EXT.4400 /+ �p 91510th STREET ' C0L0.011&GASC0NS.CQMM 1 ` GREELEY,COLORADO 80631 } , ,� ® �l�` 1v 19;1 11U COLORADO CORRoottri_RLFEI-BAL LETT R t C IdiAkO`sl^i �,V�VSUN - March 19, 1991 CASE NUMBER USR-943 TO WHOM IT MAY CONCERN: Enclosed is an application from Windsor Shores, Inc. , c/o Larry B. Eckel (Windsor Reservoir and Canal Company) for a Site Specific Development Plan and a Special Revia:u Permit for a recreational facility (private facility for boating and camping) in the Agricultural zone district. The parcel of land is described as part of Sections 27, 28, 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by April 2 , 1991, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons : 3./, We have reviewed the request and find no conflicts with our interests . 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . P1e. se refer to the enclosed letter. Ayrq(// //q G' , ,2� Agency 1 Signed: � l ? g Y: C%L � (-7/!`, Cc:n1 S , Date: �` — 7/ 91.0421 • STATE OF COLORADO ) )s.s. COUNTY OF WELD ) David H. Reynolds, being duly sworn, says that he is publisher of The New News, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County NOTICE OF PUBLIC HEARING and has been eontinously and The Weld Count Planing . Commission willa hod a public uninterruptedly published therein, heariat ng on Tuesday, pyut�1peo'sc99ut during a period of at least considering a Site Specific Development Plan and a Special fifty—two consecutive weeks prior to Review permit for a recreation the first publication of the annexed fatuity (private camping). for p buntitnwg end cam ifac ni the notice; that said newspaper is a Agricultural zonedistnt orr the newspaper within the meaning of the Approval of the ropers' right create a tasted property' right act of the General Assembly of the pursuant to Colorado Law. APPLICANT: Windsor. Shores, State of Colorado,, entitled "An Act Inc.,c/o Lam' B. Eckel (Windsor Reservoir and Canal Company). to regulate the printing of legal LEGAL DESCRIPTION: Part of Sections 27, 28, 33 and 34, T7N notices and advertisements, " and 86781 and rt of Sectiwls 3 and IZeWN, RUW Colorado. adhe 6th P.M., amendments thereto; that the notice TYPE Atli Lorado. ITv OF of which the annexed is a printed PROPOSED USE: Private p Recreational-Facility (boating and copy taken from said newspaper, was ren, � LOCATION: North of the Tux"of published in said newspaper, and in Windsor, iwrth of Weld Covent) Road 74, west of Weld Comty. the regular and entire issue of Road 21.- SIZE: 956 acres,more or less every number thereof , The public hearing will b held in the eld County Cutimussmwmcrs' Hearing Room, First Fluor, Weld County Centennial Center, 915 once a week for Tenth Street, Greeley. Colorado. Cwmuants or objections related lu successive weeks; that said notice the above reeqpuest should be submitted in writing to the Wcid was so published in said newspaper Comty Department of Planning Services, 915 Tenth Street, Rwun proper and not in any supplement 342 Greeley, Colorado 80931 before the above date or presented thereof , and that the first at the public hearing on April 16, 1991. publication of said notice as Copies of the application are available fur public bsperaion iu aforesaid, was on the the Department of Planning Sel5ieea�. Rouen 342, Weld Count) Centenual Center, 915 Tenth CAA-r-4\ --�� Street, G�reeley�, Colorado 80631 - day offTh "��1\ .,, 19 II , Jlwiiery •cf0400W�EltCI15II m 4400. irman Wein County Planning Com mission To be published inn Time New News and the last on the )J day of be °nevi m"° by M March 2 28 6 11991 isp Published March 21, 1991 in The New News G'".th a 9 f I Subscribed and swo n lib before 90 I 1991 me this 27 day of i Leo tcIft , 19 /A,f//. fattiIl1�N!' Bu 910421 ,'LIyCornmSsi:,7 _, -1 . , '?92_ Itwr (50 131 DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET wilpe GREELEY,COLORADO 80631 COLORADO T0: SURROUNDING PROPERTY OWNERS CASE NUMBER: USR-943 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, April 16, 1991, at 1:30 p.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Larry B. Eckle, Windsor Shores, Inc. (Windsor Reservoir and Canal Company) FOR: A Site Specific Development Plan and a Special Review permit for a recreational facility (private facility for boating and camping) in the Agricultural zone district. LEGAL DESCRIPTION: Part of Sections 27, 28, 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: North of the Town of Windsor; north of Weld County Road 74, west of Weld County Road 21. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Lanell J. Swanson, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-943 for Windsor Shores, Inc. , in the United States Mail, postage prepaid First Class Mail by letter card as addressed on the attached list. this 20th day of March, 1991. �- SURROUNDING PROPERTY OWNERS USR-943 Windsor Shores, Inc. c/o Larry B. Eckel (Windsor Reservoir and Canal Company) George and Mildred Nelson 8373 Weld County Road 78 Ft. Collins, CO 80521 K & M Company 3201 Shore Road Ft. Collins, CO 80524 William and Susan Lake 3 Greenridge Road Englewood, CO 80110 Richard and Joanne Schlagel 36835 Weld County Road 21 Windsor, CO 80550 George A. Nelson Farm, Inc. 8088 Weld County Road 78 Ft. Collins, CO 80521 Emerson and Mae Cullison 608 35th Avenue Greeley, CO 80634 Jeffrey M. Donaldson P.O. Box 1312 Ft. Collins, CO 80522 Stephen Weddle 36685 Weld County Road 21 Windsor, CO 80550 Francis M. Brownell c/o E.B. Brownell 2204 Peggy Drive Worland, WY 82401 Eaton Law Reservoir Company c/o Ed Lind 10750 Weld County Road 74 Windsor, CO 80550 9IC 21 St i Ina + e.�f notu,e ,I - as-a& 4/34/41 Allen and Donna Kling 1913 Mohawk Ft. Collins, CO 80525 Paul and Florence Lind 9672 Weld County Road 74 Windsor, CO 80550 John and Wendy Houstoun 8962 Weld County Road 74 Windsor, CO 80550 Windsor Farms, Inc. Box 60 Milliken, CO 80543 910421 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. NAME: WINDSOR SHORES Subject Property PART OF SECTIONS 27. 28. 33 and 34. TOWNSHIP 7 NORTH. RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO SATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property which is the subject of the application. This list was compiled from the records of the Weld County Assessor, an ownership update from a title or abstract company, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within 30 days of the application submission date. The foregoing instrument was subscribed and sworn to before me this /9715day of 76 /-rua-r-7 , 19 `l�, by . "`J' a EJu WITNESS my hand and official seal. My Commission expires: day 6, fis¢ B.7licer- Notary Publiq A f: � 8661/ G; v"- it w U V' in t0 t� r) rI co r) V' t0 1` co O O rl h m cn V' ul O: O OH H H O H O O O O O rl N O N M ri m r1 •0 O O O O O O O O O O O O O O O O O O O a a • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0000 U) OOOOOOOOOOOOOOO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0000 a o O o 0 0 0 o O o O o 0 0 0 o O o 0 O 0 0 CO H .1 r N r O co r) cn V' V' V' V' V' vl ut ul m V' 'Cr C/) N N N N N N N rl r) r) r) Cr) Cr) CO CO r) r) O O O W CO ul In u) ul to in in u) tr) u) in to u) ul in un ul 1` r r M O o 0 0 0 0 o O o 0 0 0 0 0 o O 0000 4 r r N r r r r r r r r r N r r r N co co co 0 o O o o O o 0 0 o O o o O o 0 o O o 0 o O r-1 .-1 N N N rI •--I .1 N N N in rI V' 00 N V' in ul in .-1 N N N CO CO LC) V' V' N O 00 O in In to O O CO r) ul CO CO CO O O 'Cr O O O O O O ul a) t0 t0 O 111 ul N u) co o o co c0 U urn O O co O O O u) u) CO u) u) ul O O CO CO U U U 00 O O to N O U) O U co c0 O >+ Oo U O O U 0 •O 'O O O C 3 CO O r) H O 00 U U •ri U) U) WOO O V' 1/) .1 O O U u) H00000 0 0 U U U U) O O u) O H 3 3 C .1 •.1 •H •.i 'O C U U O -H O a) a) - '-I '1 0 H H H '-1 0 •••••II CO H U H H ?a .1 H a) a) U H H r1 14 1-I al t`• ri H bt b1 O rI .1 H O 0 0 0 0 H 0 H 4 WO O • C 0 W O al N • U U U U) u) tl N O O O U C.) 4- W W •O U al a1 1) V •O O •O U 0 a) w 0 tl ?I w 0 0 3 0 •O 'o •.1 • O 0 +) .N it •.1 •.1 •.1 • 0 0 0 I-) •• 'CI 'O 3 I-) •, t4 W W .� 3 •• 4) -.1 -H a) w • cc x w •• w 3 ,� x cn v v >a -H U) C4 a) a) r1 a) a) P: N N N rl H o V' •• •• •• rl W co bt to N CO 'J y rI rl .1 N N r- X V• V' H a r 0 •O •O N N •C .0 a) r) m r) ›. 3 r r •.1 01 3-1 •.1 •.1 µj tl H r1 ti z x 01 c4 b .Z OM 0 ?I tl U a 4 .C 0 U U of U .0 a a 4 U .0 0 c 3 U 4) 44 4 X X k 3 3 al 3 o U U ••- • En o al ul to U) 0 0 o a X 3 0 CU a) u on r) W CG !0 in N O to r) H tl ?I Cr) CO •-1 Cr) CO V in M N N ✓ O 0 0 O O O O O O O O O 1.0 O r r1 N t0 X M N t.0 000N O O N t0 1.0 N O C) t0 O) O O r) M el cn co t0 1.0 M 04 W P. O1 r) N r1 •--1 O) CO Pa H a) U a) a) U E •rI •-1 O O O U .1 ?I of 0 O • X U) tl rl .-I U) U) U) U) •-I •r1 C -.1 +) U b H H V b b a) 0 -iv ra O C '0 0 al N W 00 r1 rl .1 al 3: .1 3 H 0 H 0 x x 0 U U b 0 to C 3 rl tl x a) o tl to al 0 0 0 0 0 0 a) 00 al U x in t•I a N 0 al a) .3r O 0 O N H t1 0 U) N 0 U) rl 0 O u) to r0 C A La (a o 'O SA 3 0 0 a) 3. E W H 0 0 0 • h H Z X it h b O YIN C tl V tl X X a ram a) a a) • ?I o o c al z a o W Ul to z to aS o Z Z u5 X w ro G na w a) w U U) 1n b • c 0 U •J. ✓'I ✓'1 '0 c U) • I-a •.1 ly ?I CD k 4 o o a) a) a) tl a) •'1 m a 45 t45 0 tT X to L5 N u) co X tl tl 31 al .0^ U 0 C u) t1 .C • tl tl W144 W tl .0 all 0 • O b a) rl C 'O O (45 U 0 a) (1) etl w w w U a) row +) W rl 0 .0 0 a) E E •.1 a) E E a) al al -rI it 31 b H it o -rI O x 3 3 a 0 w w h h h a CO 11.. .e. w g 4 a. h 3 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property WINDSOR RESERVOIR & CANAL CO. PROPERTY IN SECTION 3 & 4, TOWNSHIP 6 NORTH, AND SECTION 27, 28, 33 AND 34, TOWNSHIP 7 NORTH, ALL IN RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, sates that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of minerals on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, from an ownership update from a title or abstract company, or an attorney. ea221 WINDSOR SHORE , NC. The foregoing instrument was subscribed and sworn to before me this 11th day of MARCH , 19 91 , By LARRY B. ECKEL • • WITNESS my hand and official seal. My Commission expires: JULY 6, 1994 -° c2reig-re.41ti fl 44 j, ice• Notary Public U 6 e.. F `° GERALD B. McRAE `" 1231 - 8th AVENUE GREELEY, CO. 80631 3104121 1 , ,e • ‘ ,,_ DEPARTMENT OF PLANNING SERVICES PHONE(303)3564000,EXT.4400 915 10th STREET t GREELEY,COLORADO 80631 �s COLORADO March 26, 1991 Stephen D. Weddle 36685 Weld County Road 21 Windsor, CO 80550 Dear Mr. Weddle: Thank you for your letter of March 23 . The proposal to create a recreational facility at Windsor Reservoir was submitted to this office on March 12 by Windsor Shores , Inc. , c/o Larry Eckel. Mr. Eckel can best answer any questions you may have regarding his proposal. You should be able to reach him at 447-2594. The application which he submitted to this office and which we are processing is open for public inspection between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday. Please let me know if you have further questions. Very truly yours , Lan e11 J. 545anson Current Planner +9.10421 7/110/ 2J 19 i Pea.‹ Lon ell j /4n50,4 � �(61l of / Il e Can T eteen 0104 e/e /YJ ,?W g Wci2 , 14„ mks Rec i eve yowr. Ctx ttfr< ��K� yvurc �p�c As Li, eYeeate i2lt 0� (pea co'. ,d. '474 it ck wed Claw\" • J:ncf iTy pRopEWly iS tut -RAS tvtA wt EW,;ace.. of Rec, '1— at utn uen/ Cc, cee-24l eel A jh e54eck iti yUKn AL a)VsEl 70 k luck aKS Ulo�� tik /Receive jots+t ova\ ii4ofzim-al-wv‘ 0440uT' n `O s ' 36069\5-- Gx tg atb� 1 910421 Ittcpos) co. $ono Ply. 696 -2095' cat c(fri‘ DEPARTMENT OF PLANNING SERVICES �. PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C� COLORADO March 22, 1991 Mr. Larry Eckel, President Water Sports West P.O. Box 8236 Longmont, CO 80501 Dear Mr. Eckel: Thank you for your letters of March 18 and 19. The Board of County Commissioners has approved your requests to begin construction activities prior to obtaining approval of the Site Specific Development Plan and Special Review permit. The Board' s approval is conditional upon the following: 1. You will apply for and obtain all of the grading or building permits required for the construction activities. Please call Mr. Ed Stoner, Combination Inspector, at 356-4000 Ext 4425 for information on the permits; 2 . All activities and construction conducted on the property is at your own risk; 3. You will comply with any conditions of approval identified through the Special Review application process; 4. All construction shall be in accordance with the requirements of the Weld County Building Code Ordinance; 5. You will comply with any other County, State, or Federal requirements which may apply to the use of the property; and 6. If the Site Specific Development Plan and Special Review permit are not approved, Water Sports West will be responsible for removing any improvements not authorized under the existing zoning. If you have any questions about this matter, please call me. Sincerely, Chuck Cunliffe, AICP Director 91C:7121 pc: Board of County Commissioners Ed Stoner Lsnell Swanson *\ '\\,- -\\Y ti i-;AR 1 9 1991 I WATER SPORTS WEST YVkid Lb. Aaz ko lada tioli P.O. BOX 8236 LONGMONT, CO 80501 METRO 447-2594 LONGMONT 651-6187 March 18 , 1991 Lanell J. Curry Weld County Planning Services 915 10th Street Greeley, CO 80631 Dear Ms . Curry; This letter is to request Weld County Commission approval to proceed with limited work on the Windsor Shores project north of Windsor . Specifically this request is to proceed with the excavat- ing of approximately 5 , 000 yards of soil from the lake bottom, the installation of the boat ramp in that excavation, the installation of the breakwater and the grading and repair of the shoreline next to the lake . This work needs to be completed prior to the filling of the lake this spring and also, the equipment needed for this work is available at reduced rate because it is idle for the next several days . Once the lake is filled some of this work would be impossible . It is understood that this work would be done at my risk should the Special Use permits be denied . I understand it would be my exp- ense to remove any structure and restore the property to a condition suitable to Weld County and the Windsor Reservoir Company. Your consideration is greatly appreciated . Y ur tr Larry B . Eckel , President Windsor Shores , Inc. 91GLIFt''1. \\.\\,y � WATER SPORTS WEST P.O. BOX 8236 LONGMONT CO 80501 METRO 447-2594 LONGMONT 651-6187 March 19, 1991 Lanell J . Curry Weld County Planning Services 915 10th Street • Greeley, CO 80631 Dear Ms . Curry; This is a request for Weld County Commission approval for a log style home approximately 18 feet by 28 feet to be moved from it ' s current location at 0461 Weld County Road 26 to our Windsor Shores project at 9227 Weld County Road 74 . It is understood if approval is granted the move is at our risk if our Special Use permit should not be approved . This special request is made because the premises where the structure is located has to be vacated by the 1st of April and a request for an extension has been denied by the City of Longmont who has taken over the property and are beginning construction by that time . Also, the house mover only has the 26th and 27th of March available to make the move because of other contractual com- mitments . Again, thank you for your help and consideration on this re- quest . Yours truly, 7M7- Larry B . Eckel , President '^° 2 19;1 Windsor Shores , Inc . 1 �J 910421. J.,JJ n' ui:......,, .... ....b.P.I: c� .. ititH � - - — • lug DEPARTMENT OF PLANNING SERVICES � PHONE(303)356-4000,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C� COLORADO March 20, 1991 Secretary of State Corporations Division 1560 Broadway Denver, CO 80202 Dear Madam Secretary: The Weld County Department of Planning Services and the Weld County Attorney' s Office require information regarding Windsor Shores, Inc. , including the name and address of its registered agent and its status as a Colorado Corporation. Please reply to Lee D. Morrison, Assistant County Attorney, P.O. Box 1948 , Greeley, CO 80632. If there are any charges for your service, a bill may also be forwarded to Mr. Morrison. Thank you. Sincerely, / Lanell J. Swanson Current Planner 91C421. ill) 1 P DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C� COLORADO March 19, 1991 Larry B. Eckel P.O. Box 8236 Longmont, CO 80501 Subject: USR-943 - Request for a Site Specific Development Plan and a Special Review permit for a private recreational facility (boating and camping) in the Agricultural zone district on a parcel of land described as part of Sections 27, 28, 33 and 34, T7N, R67W and part of Sections 3 and 4, T6N, R67W of the 6th P.M. , Weld County, Colorado. Dear Mr. Eckel: 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 Planning Commission for Tuesday, April 16 , 1991, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. 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 location within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Towns of Windsor and Severance Planning Commissions for their review and comments. Please call Janet Lathrop in Windsor at 686-7476 and Roberta Haas in Severance at 356-4000 Extension 4289 for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Planning Commission Meetings to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to April 3, 1991, you or a representative should call me to obtain a sign to be posted on the site no later than April 6, 1991. 910421 March 19, 1991 Page 2 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 call the Department of Planning Services' office a few days before the date of the Planning Commission hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully,n �GL t ); )9.00*-,A o-ff ane 1 J. L/�waTis/on Current Planner 9,3 •:2) To: Weld County Department of Planning April 2, 1139-1 %y,,. 'idto ft�� From: John and 'bendy Houstoun 8962 NCR ?4 Windsor 80550 4.444, Concerning: USR-943 Greetings, This letter is intended to express our concern in regards to the above mentioned case more commonly ref eyed to as Windsor Shores. We received from your offices a letter dated approximately March 24 that notified us of a hearing to take place on April 16, the hearing to consider a Special Review permit for Windsor Shores_ Prior to your letter , we had not heard of any plans for a recreational facility to be built on the adjoining property. On april 4, the Town of Windsor had a hearing for a referral for Windsor Shores, at which meeting I introduced myself to Larry Eckle and set up a meeting to see the plans for the propposed facilities. On April 6, he came to our house and showed us the plans for his facility. Wendy and I were shocked to see what is being propposed for this area. Even more shocking, though, has been to watch construction take place over the past three weeks as if Windsor Shores has already been given approval without any input or considerations given to us or any other of the surrounding neighbors. We will definitely attend the April 16 meeting in the Commissioners Hearing Room to express our views that this development not be allowed, but in the meantime , I would like to tell you of a few of our misgivings that have already occured; On April 5 , a house was moved onto the property which we were told is to be a permanent dwelling On approximately March 8, heavy equipment began work on what we recently were told is a breakwater It appears as if a foundation is already being poured to place the house upon Telephone line crews were working on April 5, apparently to provide services to the site People have already been camping and boating at the site In general, it appears as if the project has already been approved and I question the procedure of allowing the work to be done, the utilities placed in service, and allow basic construction to take place and then 91C421 issue a permit. This has not been the procedure for Weld County in the past and I sincerely hope that this is not the way the County is planning on doing business in the future. Having seen the plans we have many objections to what is being propposed; primarily, a noisy and unsightly development in our front yard; but our biggest objection is that so much has been done without any prior notification to us or any other property owner and furthermore that work has been going on without any permits. If any permits have been issued already, then why were we not notified of any of these plans until after work had commenced? We look forward to expressing our opinions and to have the opportunity to ask more questions on April 16. Sincerely, John and 'bendy Houstoun cc: County Commissioners Department 91042, TRANSAMERICA - TITLE INSURANCE COMPANY ,./,r 7 '!, � �� . : y ? 19 ; 1 �' i r lid Weld Co. PIaniow 50A1443r3o, r Lanell Weld County Planning & Zoning Court House Greeley, CO 80631 L J We are pleased to have the opportunity to be of service. Enclosed is copies of Deeds to Windsor Reservoir and Canal Co. requested by Larry Eckel. If you have any questions, please feel free to call--Wanda 352-2283 91.{.;42t Form 7435-1 ' t I r. I•• ;1114 ''' ,,y<- i �..,,,,,•,,,,,„.. r. _...M _.. .a,.� t 3 _— — — .. / -: - -- This Pttd i ! fn _�'era J `eF _ / / / 4 -r,r,4 �I Lu:l r \1\I ! r !.r !l` II i an u J w ,w s t u n r a o,ut na,/ tone l I / f/ II' v /Y t4 L � ` ��pppppp W.: RF!`TuM'A�- fl -. a. F I III l t e ,:/u , fl rJ L zr_id __ „e sr it, / Coda-ado,of Ihr Ile a , I nail,and O'/w II u Gexe.IL.e_•- . s'Y' ( r.n:./, 2 , ! r- f e _ _ ••^ ,nu/ Sf.L o ,olara In,,j/he ea l s s, klli lll l �I dnli i:ssrlb. 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I � �ry1i jt,� 1,q. .Y Mwss..gn.MiJN•Nea....Y1[Ki.alit.a.ros Na.t�.a.asent.(a4W on.,--WO.M 1.n.rAeY L.A C '1 ."�4" y,.4 .A.MI rMe wag"Nor S.100•11.oat l.a../et w..0 VAS amnia Per—aan.""dr"hr..., ?, .r+,:' �:.Is„.../t 'LM ritrCe/1RrASD),fweY pe7.Ow P/�ial,a.�r.._�i.,.t a..A_ N..l—Me in N/..rP+ ftR� Ir. .r.a.aa� 0 ' i } iT x E: /i/iK 'NAltr+ablrw..y - G ,. „ •. ______ ___ ___ " Yy 1.4 VN u4 J , BTA E OF LO12ADO.__I �,r . I. w _ Sw 1,._f.YXL2S/.-�Nl��.� �—�•rh.rc..G a� ��ri r� ,: FF r ►ran a..r..nT --_—_—,-_ _ __ ( . a M• Awti.M+r.n`rlW.+Sea —Mr.Lrv.+ar.r rrtwr��w4u— L'a..Ye.+^....w. . P3 . 2 }",a••T h i!'q YaNr �W4 b - 11.11 •" ,.y i tp1YY`. Sets a.M caA...r "� P iscall'. 344 .C,pwiAMt.rs,"1: �I�r6Y by oles/— d'�'d�. �r r N'M.a1.A. ,jr..1t��' i 4 °,,,',.4i.,,,,,, a.,. _ __�./� � i. 3 f [ _ } . �� a: { yt _ i 1Kp 4y S � .. it 7 :t 7 z ! F , ` Q Y i 4 ( s V q ty tl m `1 N { � r� n � ' p f Tj5dx x „`'"`" ..4,µ�P.Lak.a,a+h! ;?4,..d...;.....---- % ti' r 4 Faltea 4 B I I; ' a 1 171 - r -I: 4y� t 4i r k Cr) ti. 111�� • t. ... .. I �qi�Y� 4• Y 4i 't�"x' -...::-_:,2,--•_...-_-_ __...i_ _ ' }i)1vfv 1 � t > •�}' z .-5.:/..•;.. Y � � � C'��p�p. a � T `s1 ib t..t.:,;:-,:-;::— t 2:,,,,,,i,..-,°.,.,,, ..�,.. � .. a ,,, a Ply , 44.•• ti,, Mip� Fi(,-;;;--,,,;.,,,• �(I .^ ", . q I)I I$ a 7I (tiG .,.L1 1 r. y _ .1!y th,c to tc ..v c I!. , I.,,I f l 1 1 � N f !lit; i��L. t X11 1 i t gee a 1 2 c c _ 11 1 1 of ,I I I 1)4Vr �' mvai Y 1 p es %.Are In L L' L nu 1 wcl L:erB— � x .__t°. s n•7 1 1Y H'1J - ;°Cartel noel t 1. t:nth Inn ` Il[ - - •— -,. ' ', VIII ' li mar.s>.o. a. r.rterl pu^s la dll , Is.. ..r J lair. q+ �Cl I S. zeds mun[y " . Il ill 1, • ll 1. I I II )""��d rlltl = r rtcor, °r. t❑Ls 1/th itny Of Jecnrber ... J. 1'Xr - V:::, ] c' _. IIIliere.ye I iY i f, j I I .4.'• " µ - a .!• , a a'ah;hI.�F• ♦ . \ \4C1'v l.a 'i Fa a a a a a ,F\ .al..hv a ,. a \ \ ♦ I I il Y I. II �.� Y yyf I T. l 9x1.9, 'Vale this t•n .leth day of October, .. ) 1•x}, betwa r. Beniarsi ❑. eaten, . Greele weld count Colorado, b; l a atto^re;; in 'act, °ruse .. . -• part; . the �q ' i( y, y, - t _ h I +.4 _.rat pert, ant re Windsor l f.eservolr end Canal Compare , a corporatis., organize!, m n : misting ' Aj0h4+ ..x.,1 loins. ousinesv ..rider and virtue or the laws or the state of C.4orudo, part, of the tf 7 fso swat pert, AI T:1£.1.`,_1]!: I ."R�.I' . 11.i4,rr�tii f. That whereas the said party of the second part is ceslrous or en rg,..- :t, reservoir, I SiF �I Y-.ewr. as the F1N1]or :in]ervolr, 10 CMC t.a ^1(^. water ]3_lo thereof will in :nlnnd from oF^v 4 I t' thirty one (31 feet as it now anions to Chirt Jsoven (37) feet in l3C`t a_ovo C!e 1,atom of ,Ai',,,,,. the outlet t'erste; art for that purto.° It is desirous of acquiring 'la r..'unser,y hand at- �> + 1., ent Lb said r•eersolr, said reservoir Icing situate ars1 located upon lustie.n to•nty- I � {7M1�S>;`: �°li sewer. (27), teA/ eight (2n) dirty-three (33) and thirty-four (34) in towiship ]even I7) I I f 1 I( �y . Ih. boriC,raryls s1Ky-seven (67) west in the county of Weld sail state of Colorado. T I';',°°- + _ 0 Now, therefore for ant in consideration of one dollar and other valuable con r feratlon •`;`v n"T - ti to the said party of the first part, in Fend paid, by the said par y r cf the second part, the ( rr(( @@ S :I I'4 'y7ry,y'. receipt whereof la hereby Seknoeledged, the said party of the first part has _endear, re- yy P:12:::7:.; V�r leased, sold, conveyed and quitclaimed, and by these presents does remise, release, snll, ° I , convey, and quit-claim unto the said party of the second part, its sue rossors aril assigns, I me[ n jjjjj FOREVER, ell the right, title, ante-est, claim and demand, which the said party of the first l') part has In and to the following deStribed lands, which include the lands adjacent to said I C tS reserV 1*1r es aforesaid' situate, ly\nr end being in the county of Feld ant state of Colorado 'y, 1' to-elt: I 0IDr ' + Cass•meimg at Station 0, a point la the S.£.} of Section 33, T. 7 2., R• el W., whence ( y4+ this S.g. Oer»m of ealet Section 33 bears South 84 degrees sot 30 minutes Feet VarlatlM :'{tl la degree• soil 30 minutee,Aest, 209 feet dissent, thence by true bearings, statioAs and .11eWoes ea follows:— }{ Prop Static:%0 to 1 ;iLat 1496 feet; t4;11_, 'n- r4 Thomas 0m 1 - 2 -L. 57e - 40' E. 350 feet; _ _"F� �, N 2 j m.ERj! 30' L 305 feet; 3y j -♦ ■' W e '35• w. - .r,. .bpi fees; fr I -1 e. • 9.\ t 2A.._000 00' L 200 feet; •. rift., r;`,S J� '+'e` s -6� ''',2;.21t 0•Se & 230 feat; c (a'$w '4 t F •'). 6 '. ° x • � 7 e �Sa ! .._ feet ',i. a ,.. _. Q"<i e /4`0 _, ; e. .;< I' - `�.. r v+, y !« + t'$9A.f t .- . . �`i r ,t.�q,gg y� . , y1 • ' .x .: r rk(1B yBc !tl ,, :. Ak 4.,-r1-4- ,i + �S 1. ; it ':`. '� k 'zr°r T",47.46. k r "5t{ rx r r' [WA rrf2,�'.i � 1.. s �." of: I x „ , _ ♦ ,fj.3 4+#"'4tifYk:: L. r -A-5 R 1c s a�3 t i I , vx/ a':5;14' : fib"..II if 14t iv.)'.'4, ..?.,41,1---:,.0.,1- r•:-i. .0.1?., 1 r �Q a 4?-4t1 c�'e#..f y t i`yfr S 4 . e 1 ' y =� IIii III t z 114". �r f I� lU I 1 . 4 t,;r.,�0,I (I 10 n ,11�11 of $a N A ,' 'T- III I14' -s lo• L cLeD et; {r > ,doe 5 � is .a Os - 0 t_. 04 nt; }f +. I _ 1, }�ie t Sk III it t� feet, T1 t'1 I t B} y. 4i,,,, '� ; II l 1 1�, / - o eo foot Ti R C Y c °i III I .a1 5,• - tG X00 not . c t k I.•I 1 •';10—,-'4,?"; '?' "` ,I,i - r'I ,, '51^4 ti i Y I I I,., �� 1 J 3'0 feet; u tl 0 530 t G y. l $ 0 {I II�i )f-,-.'..!..1,,T,.,..? 1�1 a3'''I t,� ri _ r r� t - So _ 470 f feet t; .�y II I 1 ;.ofeet; /.x1liot xf t,taf� ',, IIIII a ^ G1, r. 600 t, .✓< � - 0f". 670 '''' ''',4.`',,,;-. ..Y.I II " 3;', tp` I t - 3n 4 - 3G r. 440 N feat; .tr,� b�l t5 -1 - VL 3Y at, to point 106 feet ! ,°+t IIII _' t .,rtC i Se co r _,ec. 3n J • R. I 562 feat; 'fit I 42:40,,,412 �q0t�,e i II tl 5/ aG 3 6)0 That; M.T' ''k.0 I,aeY t I. D ,e; 3/• - _an .. 105 feet, a �'n:I , ,5 ,1 �I : pr 60 00 E. r0 eat, }q+ ;� aU 1 gG 246 feet; Ar",4'C•171 s irk"�'�5�� 4c, -1 ]] 1L 3D-, feat: J e Y G +ily W •I II, a2 '?"' - n 44U feet; I�C 1��'I.II I 4 a3 _ _ 2 372 et r 1;`x!`1. y -'it t I. {.1 n na / - 'o 5GII f ; ,,x.,�.,..LLsf� U I , t,r } I1 n, a - oL 710 feet, 9` 1 , ill .:V 4 - SL 49n feet. rit„,„„,,,,..,„,„,„:„...., ;(;: "41'. - -II,I - L 22o feet, t./ J.. 4 260 feet, I f'r,� m y x - 1 47n( ((4 yk tyi III �nn411'''"1�'+ "aV !{'N he',.,' I _ G _ 4� R. J6,J feat, �I�t I.% I��x It'sady-4'1" II. � ,y 3DJ `ee t. :till; ��"' SI�'ir y o0 tneD feet: 5b5 •. JeW i r } I I -, s. bJ1 eat, n x' x�s< tEfk olio + ../- 1/ - 3J E. weJ Sur, ;i `i2�'t? ` �4srtt i �1 '" ab0 feet: - (.1.61.1141.36-1,11r16.11.1 :r 4:421e. y ,t,r 7 �. �, tl00 feet; r h `� s(p ;H, f IN 42i feet; a'1 , "5 {' Lo I1 7 - ss t. 2sS feet; I ff, v m Yd,try 1 Ll L2 06 - 30 x. 460 feet; d) Ar,- 1 11 I 05 foot; .v L.---4:" ,fis Nv �5, f L; - 14 roc• - r. 3e feet; �.. /' b1...11-=4,7":`..L.:1' ;, _ 1>h - 65 S._• - 1� r. 535 feet; i w ,. it :Y r F 15' F. 500 feet;tf — 67 South 1020 feet; x ` it ;jx';`")P;1 a 4„f.,• - t,/ - to 9• - �o' E. 470 foot to point 3o feat Lort4 i ,� . f - e_. corner on north side or See. 33, f- 7. 11 ,P• / 1 M1g n 8 .G ; (Is — 69 67 452 feet; I. ti "I' ':.� I,/1 � 69 _ 70 430 feet; f 70 - 71 South 139tr feet; { ,. /1 - 72 +• L7' - 20' E. 470 feat 1 I , r r / _ Tys. t9. _ oo' e. 395 feet.4 " {} 13 - 745. 3a• - DO' E. 1200feet�? k /a - 75790,ftetY 4'''„$,ei .5+" t , I '.x 75 - 76 5. al° - OD' E. eJ05 feet c 4, '-'111 - 31111 j II. 16 - 77 435 left , A[, ,tI), 77 - D 5. -j0 P 4j5rpt te,the Dlics OC Dsafa-. t 4 , s 4A, Lim:: seat trect of lend ebovo described Containing fa;illl 950 acres sore or basso absat , 15G acres of which. constitutes the eddltiOnnt acrea�ayagr� tut.ISit saannosat.ADC;M ,,.7' v- `' 4 ,. reservoir. t 1✓4 S4.1 }I i [eN[eol[ Y t • 3 1f '' '" ...all t 'k'` ' 4kj11� r 1 pr. r 2.e.". t" i- t ':. it 'IAsi � I" - y r, a g-zY a _ e '4 Y t ._,w "' 0t "� f ✓ I ra "µ. t t yr� X ° , j :4.71/4 71/4 �i��' !� lt, .1; ✓rgi: III�� I a I I ISr 1 L lj .; .crlp 1 11xlo teacrlce.:. I . xq„ir IIpiii ;'I ; G", f".v'h 'i I kg.* S w • r r - t or 1i as^e� o c p. [ nre .. ..! etlx] �� III k gt� de''. • i'1 II 4y3 'Late o` ColooWo ) `_yt .ouc ty of Well. � �4 A Berry r. :.JLbBr, fl GJCxfj PYCl/ In Nr..l :or C .'.1 a NfOL V- it G ri iLf _ 31 1 'erebj certify [Eat Bruce e. Fit tto riy ' ec fenjaml- 1'' Eaton, personally known to re to be t o son -.1] ro 1. ]zr1DeA `k n to tt sir-sir sealed aan-1 dO.l bored 1 due 1 person a i acknowledge en,a, that Ce ]Lrnnd nealat an-1 Atll ivnret t. said deed L _ Vol Y:twtl act of tte 'all Benjamin M. Eaton and of ..Ire 1f or ti. ]es 1 u-poles t,areln eat forti and that..be was fully.authorized hereunto. JI5'FA under ny peat a➢1 notarial +teal thiw twentieth lay o.' 0.to�..- .. • L. • y ky u; sy comzl]elon «y.Nee_ne notary public will expire .h 20, ljt I { S 31 1 11 an' . 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T Sat�� rr /Id'F�JVl TO/rt// n 111 ' eo.e nax J 1- -.IMI n-all ^ ,. a a , n ne... II, .,�t 14•,LL/e.»., 1. \ Im .,n Lr/ f.//w�.. Y:. ,\"r • \ $[ fi Y �'R,4 Y far/eel/ f J 1 - 1 4 1 1 U 1`° yy�-4 Imw J�'/rtvn a n- In L. f lt. ..UI II T L J J e l l n I III 1 1 1 1 M1 I 16 RI I I 1 M1 I I f I, 1 { - F ��; i} J %iN its ;t '--, Vytl� e,l n d--I P- 11 1 l Ve /,L.P 1 n I W 1 ^ II /il _ tl� •r�Q a 1 IIY 1;m r 1 1 _ I NM1 I lu I M1 fin 1 ' {t -,wI ;ha l and will AA ANN VAT AND F RI'.I F 114L1'.VU l i /4 N' 4f CII///A/ Ih.T.1- -Iry 4l 'ol lFr finnan nnL �y # 1 ET-1.. P. . ..ill • !" 5 Y 4 f r.4%,.'-'444.444" FM..r,. I31 9 1 Y• ry/�a.�.�y/ '4 BTA'1 6 OF C -6416 O, �� /'. [ ♦. _�\ ,/R{([� �."j/M,{/' di Nou,Yl,bl; n and lar 'i L.�N an ur 1 .N , . L �JJA , � �j ,,,d cownLr.in m.s am atnm'a n r .,rlr n �j < .. vi1 "/� k iv u i LR n a. n - �4_ aubacrtbed to Wc/Iiuyr mod,appeartd Selo,'me ti Q n pers.('and acknowledged tha, i-d-_Aigned scale..and d 1 ,I .i- Y � be. and voluntary an for Inc purposes In w forth f 11,:lIM a+idn.[rumenl0l�rlliti Y 7C/O ua aoJrc -4-is , :- 0,z • Wt .. . , gat �� // pp p Given under el pnad.�%4-.. iii-real.en a yiaf rLt day of saute A U.tqa� / 4� y{'� My Comsiwle4.uNei.�IJ.1 .I'N1• LL��`gg`//�� '' �/y�JJ // IA k`�. Away l\iY NS .. —• N 1 t ) ! "' ,us _ l. -17"7"-'7,.; � � '"+ �-�.a�tic:c' -_el r , r�"s�i`l,111.'t till i: �`�ow: `sat � � �“1 ;1';''''' r. t^= r{t, t 17----7-,--;''' ''r'-'1'7t:).--,•S �i'"',a � a(y. re r'/ �'�'.1.' Oil �" F _ ... iJ ! i ' ...,..��....,.. _ ' .r�' 1 ... t.A. ^ h1 ` •i d /II`.•'4 = (�h{NPPPtj. Nde Nn-..✓ 1l J �// Yef°4 '' W,1kIt 1N"1'v Dhf D_ - eeYeeda u l ..w....d e J oust .f--. •—ft a 'a . . a m; d�fe1[�a. �,V.i.--,1 c".,,:',-,. A. Z - < .I cab.t.. ibill _ 6 r _ of lets____ l Cea.yM T'J�.�� .,.w�,..of e.+,..d„ r t��.�w��, ✓. // /i f — ofIbe-pailr,n I a la� �9 J1 (� ten IV/LVE SS£TN ITtl Ibe eN yen.. ..I J.eRm W'..Im.ml .a k '.um nl lM .. I M N wn.r. . 1 I.e eat w e WiJ I.r Yc N1. { M.4 e....d peel A. '*1�( _ :I{ � i" Ikw..e f • .e..,•R p4no1 b I r �n1..eN W t IedecJ l 1 I.,.e�..J ..,II d n, 1 r •',yY,�¢r bbd. /'2'u//° e// .erd.ady ma l .J..a4_e.an rues seal m...r>an<,aeem I4.aid wJ f ;, �„:(4,,,,:.•„/-* '. , of lets.eeor.we %.Y.:a.({1 br.a.J a.rin./ornv.al tn.lono eel b enni, y+-r 1 O,wlvl�.J IanJ. e.yl.p,a e: a-n m. .o,.a>d v,<bl. '..c-'`..,;":1... C -'3`?'4 r / ,e, 1.///G 1. / '/ a fi / t. 1. , , I / n /2 ' < ^53. . f 3�� s4, .? l � - 4 f..f /6 ./6. / 7(.,l 'ro -1 1/ L // ,/ ' is / ' r. 9 /i S„,44 git - y t l -, Ire a,.i N -I—t....; /r, sl GLd,, ./-e i �,i,.r/ - d , ♦, M1 > 1 I .'U1:F.T//GR eNb dl aW ele[aly.ee 4M�IwamU ad appvle.wen 14mWo 4elm['R. aPT^anriy.tad 14 rtw nom i i#R� y, ....i.„.—..k..... uW ew Y W J W re* ne14 has r<peas adroit and all the sale seat.iii l wisest.claim and d rd tollatastr r i. lee said peadf dOM pa e Fn.ellb m and ar lawn ash). .is ie IM se burl[ .psis. W b bemosestA d agmarac.. `i � TO NA1 t ab /AND:M HOLD the laid sends ove bslas w d sd. ined,yak LL assess s .. ... q � M L set aid V J.d l►r��eyi/d-paIth lG seadat w W soars lama. And Wd_ta _.. _.._ --C'. �� ha-.Gnaw T/t ...1,4 ..._ . rs eaa moon ma admNe laatola.dna4 rowel.us.bananas'T...e lee r �d 14•••4 woo-,y6 I l i ` • a 14...a/ .M .,a.da.tYfYL ales/.b ad sale.the a the Saco(toe masher and denary d thew pessa/.a _e /.te _.. i.LIS 1 . 1 Y Y� f sand d On preens abate seteDA,s d Rod.oat.Rrlal.+6slale ad idelealk sate d"inliedlia.c.is W.in In sepia.d Yom! ' red Flan,lull paper sal laded sin any In prat.hatpin.s9 and water Se ase is••aria ad Ins.fonuld W Jul lee use me Ins { W car Ise W Inset and ether lost..Issas gala..Ikea taxes sass and lec.anais of odes vet bid ant rats ewer: 6{ :. ...'.. _. _... -..._. .�_.. .. ....._. ___ __... I r �,a,�.-. 1 -ry dd)) and Ihe alas banner.Remiss la� nlak1 W p arisha gsuden d Om Sal Ps-f.. d the ass]paf `-��3dwd I d ....4....v.....i ail any R pee.laaldlr elaaLr set dab/the sae s sy er Hansa,the �u4 parry. d the feat tRart /5 ay�y- . yeas 4 1 .W_f. IN�j AKILii NT bwe slits 'IIVU��NR� {M Man Jeease en Add /�..�list Wwan, t4 day rI• CTJ .. i ".T6' Y"13. C.t. --_.....__. .__._.� 1i ' i .. i ._ . .._ _. _. .- tea e yr S /C{{)ep feu 1. .er ma. 1h9 I1,1 t.Y..l Ta 46--„1.6t-2-7,..1‘. 6t-2-77,. E. F ... ' ��••S , r'- Ns.y NYunrdb �'7s ,•,,,k S l t aTAT6 cw cale"D0. _ f�I. dr f I z ., T" ,� pr"a <k t ` III pi ' r� 1 4, : 'r- .K��tirs...14 a ....tea nw�r.ef/__ I S. Dr Dier'411},�.I°411l 4 , imPreli w+dyad.•+ le''-an" ".d.dA}..d :€F'4eI d -a i ' ;S i %,4i 1 41,4M .4,44 - r �Ml�dwos fee r. ad Ry.. Swan S tab. k 5y<P. �s a 't,4-,4:',4',et*. g rd o r sax 1 i cl r �. 1 Y , _' r 4 y rn�e y ' 1l_ 1�;� � wr ;--J4.—. 1'.' ' __.' r,�� /said: ve A,p 1 ftPrIT }j?M^.4,r-i a•'"-",74'` "airr ' ' 6D' I v�; I. ' 0 .. ^'"'`.F �`. Y i12. I'.:. ''' RI lii3ppc , 1� 7"* i y�'' I - dfy.`. (,1, I G ff y I P 1yy rv" A �"F".: !.:414.1"7J � vt • 1 s� s "3T s^r� • 1 I;IT ,'}1 r1li <r", 11,_' I 19MIt''iii � i ' If'?�� !. i' •'r'I� I•liIL�S4�i4} ' � �i}r ., /. ,x�¢ �'',,ppk. ',r { I 1 Y Y . ' C ]Y 1 ipM�r }¢}1' ' •.l ,,,,� „' .., / } dI 1!I 1 II , � '�� '� y(d �. �lt ]} . , �`_� � ` t/�10� R' 1 l it r t s ,. 1 • tai i • y 31i l ,.. ^I '. _...._. _. . __.. _ ". .. � ids [ R �� ,' AGIT21 �0: � ' ' • ._ �... 1. 1 1 r, 4 'V l it ±' 9��x ; ',. ie$ xa t ``". llikIf!. r� ^Nd n„ t t, 'Li; f4t1 3'� , 4 if':a sn s t5,,f _ titif< 4 eta p,�,. ->'") �'9y"6ifttivi4 � . .1, k ••; Yi , itp d1 ^�4K4: �wt .1 1 p � I11i I. mitcn___ 4 V i t r.tyMvz' ~Yu4t4 ✓ 'A IN C r ,� 't tf«�r��111 t 1 ra4l'� 1 �`�> iI lay, 11 t Y in [ 1 of p: ,��,brJC ;t1"4 xrlI I I3 k W x k4ry j:Y h' I4�� 'µms ,�q�. �� 1 [.; [ rf 1 :1 Of t C r. 1 'n I:. CJ'.•r._ { 4t 1;t1� {Myt li�l - i;41411.41-4***;;" 14 V' �' '+4 rMw a ais q � h st M ;;;14 IrY I . c 1 s1 t - I n cunaal 1 u. ari '• a 1Lr 'I'. t ��,e iii- +^ -.4,1P,',..pi q !1 I a s nr"ed k3. , naM>�re`' ".I I I' fns" . , mats R rd 9 is In l6 u.:cc t•e naa { - coral i• 'ttf,.. eu. f s t : . 1 . a hvE' i, t, tit 1 car• c 1 _1 e-x.rh, h !III �'`l�\ ya`1� t 1 [ r [ first part nt'l L tie SOll 1 1 sc 1t I :or-iii v.:1 reel } t` 145 ^e I u kL �t,44r Vii ti)„, II rt t L i tea f Well and state of nrei t it h^ it, e p�f'ry + �� ..r a c quarter c c c quarto: ('aR) o ti (ill, 1 Lon-or ip $$tt�,,t�� 54 )d e41;g1; 1 I) I lir I` 1 north, - t - Ibrr west; also the Tho p c ee r 1 1 reser- �l"". x;+41at1'4;4,4,74 t;�, v.,- wit) L' f-once1 and appropriations t rate t 1 r3 salt ree- �Fl x i y, I riot Lein situate 11 section four la 1, township r (ti) r c wre a1ztJ t !v kl #Fa�� env_ n)!) watt, 1 1, e o+ t Ly tl.ree 1531• township seven 17, rt? range sIx- t , yy}4.. S �i�{ i , tp 1 0 - 1.- 0 1^pl acres raore o lea v q q+y 1 ..1.1 . .1 a or euaiaer tIo.s 'ereof that t.o said part; a' do eota 1c+,3h. gd 1 f w _r pa ]'.l it. o e Weill and construct tie said reservoir ir.th sultab'.e outlets .', .4 d brtc "l3 )1 I t, no L')o to d Iellvury of enter and will etnunlly deliver to debt party 6r x'> 0� e d k, 1f L_ - I •.' I ..s or or ter ore t`e rt-lt day of Jute each year one •:alf of p Or is (tal*. e ( w to 1 1 1t reservoir, when built to the capacity as co+ pierrnd• du ttTPLS "SSW V I o Lit - 1 4 [ for his ate their oar. separate u that t4r repo L.ln1 y ��;y4 � s to u ali e 5}a if o 1e^ '.c 1 f 11 p to .!.e fare lad of J.:e in each year, w3 all t �1 rM I ✓) ss - n e (rat reservoir, e q er^y, 11-all be twtea and stored as part of a�g 1�.s ' , "I _ _ �vy� h if g1 ry•�.. aI° ,�� 4: � , , it .r. { r [ rl fart to be alaLr Lbutei pro rote among L.r water 4 raw.}yp�jlP••••••0.,.....,,,,,,o," i' suser• fro, [_a reservoir L.no'v. c.'e 'catdsor reservoir" belonging to party of tl.e as0+ b', Bi+� rt t i ( ar.. vyJ.� rp w Sk�^�'. �;t '1 t TO -J 'U tlo!.] tan sa31 real property aM Thot9eCa liana:v�.tr an6 naarroir alto e;i1 t t 5". x :2 i I y` Lo'et n w t a..t a:.:1 el�llar ?s eppurtemnces and pr Swllof;na tAeieOt[o br10�1� ur Sa anywise hereunto apperteinl:in and all the estate, right, title, Interest, <lain and demand eistsoever, or tIe said party of Ve first oart, either In law or equity, t0 the ml pro- 7 ri1- *1 t ruse, tenv'it v A LOCoof of n e snl3 party of t^s +aeon• Part, its au eCeuora and ►+elan• _ a 11 .'411 ; t(T'-:.1 1l ERU). tr..e i..i I pert; of the first part ''as bereanto sat Ale heal -nd nal day ..:d year first above written, by `.Is et corns; in bet, aforesaid. 4K dvd, 7 } 6s Tv .•,.'?s )4: Bbqutn H. Eaton w 1 Y t' 4 by arvea •I. Sates. r �' f � Hie Attorney In Fent u e t 4.ti,hij .,cute or Colorado ) it1 � s S ,A" 1 I� Ise. k ,1 w 1 'r County or aria. l 1 a '•i we ri { : \ � 1�.: .. vs CD t •a '�y Y 9 "J'.4, } I liem7 7YLhRe • ., 4•4 tLf - L' qpr t 1 ¢ t•. Y �l � � t '�yI. r•.': ;3 a 1Vyc. ,� 1.:,..,t, L. • r '/ #{.f'+. 1 4' 5 _ T tLr P.,,' y?1J�.M .. 't'f 4 ,. e"Y ,. a . A I s. 31042 . �' — . . .4 bTy V 1t,, t'Yd Y•' nM h t R h 5F l._ ...ti.+..... Ii' yt1�T.r�. M` I' • � ''.'"Hi-r.‘"?'."-;',4';;‘'-':;1"t..,;Vi k A <4.'7;14 y' .1•:'Sae t i:1;::;W::: 4N 1} 1."rsf ..!. 'tor < ew° rN a. l 1 4 r V. x an :tt tiw� e 3 ei;*L+11� ---4...._: _ - ;_ reed. u.�e�u..rase.. • N' ltll ° rill!: — — r ri . r . Hs..... r. I �I 1'r' .I , _ n u. 'Illid Y 4 1 Abe ,, � r• ,CY I I I ,,, ,r [us 1 ya I , 1 Ch f 1 t. I 1 la t:.a CIO 1 : \� 1%1 1 [le e P1 1 1 l` 'f 1 A. _1 of I I I Sr_ai _ u_ _ 1 p t er ' . t r, c r 1 ; •t ['tore— N �.. �I tr,. I�1d i � I� (�,�Y'��k'. m. ,310T. MI rrtn.J put 11c 1'.L 1 _r. I I Ito 1 _ wCt i. [ �' �� t o. rl5'a 1. , ti lII �I d I 'Tid,.> :Ale Jr recur . or. :1'Yr 1/t.^, In/ of Jocerber ... J. Prot, att.., . 1i t - - )II I r,.W L it:iIiI-11 . «%a , , n J•. , :^.. . . i^ , .'•: ;�,al•,r..r peer l I I � i'� :7 ! 1 •_ I ,AI, . Pt$ 1 E 1. J. I o% ", i°2�^F' M t F T•I$v JA.J, `(e to this [sent let.^, deJ of Oct star, 6. J. ]yG5, ''-r Bcn„arl 'I Caton, 1 th .: U•a°leJ, Weld county, Colorado, b is n[[o-ne; in b :Fa 1.'"W;,» first pert, ant S!e Flnll O- >Reservoir ant Janal osrpe../, , n 1>:, _ _ei, listing ly . ['to; and 1oind -ouelness under end r virtue of [re laws of tea state of J:)lorwi0, Or the So:, (� 'i second part, WITHI> 15:1E: Ty Y [raise[ That ebereas the saki party of the second part Is oestrous 0 _ :t-, reservoir, I1 , 'K lest Y::Own ea the windsor Reservoir, so that t`;e high water lino [^error w.11 he raise { . d 'rom ) i� •thirty OP 131' feet es it now atilt! to t.lrtyseven (31) feet -•.}r-t hove t• bs'•om of l vl6. ff V the outlet t ereto; act for that purpose it is desirous of aequ.--ng 1-a rd ecut and a., 1 • cent to said reservoir, veld reservoir `eing situate act located Linn .ectio.s .:[y- I • Il 104•seven 1271, tvA•j-eleht (2o) thirty-three ee (33) aM thirty-'our 13`1 1 eels:d :; 1/1 I (iii ,�•,s rorth,ran;e silty-seven (67) vest, In the county of Weld and state of t.Oloredo. I i It ) t F How therefore for ant in consideration of one 'oiler acs otter valuable l (oration to the said party of the first part, Ir. tent paid, by the said par`; cf t`e no o rd part, the receipt whereof Is hereby acknowledged, the said party of tte fir.t part !as :anise-, re- 3 leased, 5018, conveyed and quitclaimed, end by these presents toes rents°, release, sell, t • '7 1 convey, and quit-clans unto the field party of the second per:, is •essors a.,I assign° � d1 POEEVEH, all the right, title, interest, claim and demand, wrier. .,td parts ' tt.e first I . life I part hes !n and to the following described lands, .itch include the la:is adjacent to said I Vii' , reservoir as aforesaid' situate, lyln:,• and being in the count/ of weld ark state o. Colorado 1 rti Coaesneint at Station 0 a point in the S.F..} of Section 33, T. I T., R. 6/ W., whence p.lit*f'1 tho Sat. Corner of said Section 33 bears South 04 degrees ant 30 minutes Fast Variat1M (()v G la dseneas and 30 ninutos.Fist, 209 feet distant, thence 'by true bearings, static'., and Jistamoea'a w s follow:- ,,- c Pros Stotler 0 to 1 iLtbist 1494 feat; y elf '!hams Trost 1' - 2 4 Y. 575 - e0. E. 350 feet; z a, 2 �;.. '.ttw �_ 30• L 304 tat; _ ..u• -` ; * i' f1709•-;5• i. 4 493 fast: _ a , .. 4 BS., . Y 09 c'0 W• 205 fat f 1 ',I'," s.'.3 dC •t y1a-a 5 O, . 21 05 E. 230 ash * . •h'ii H f Fit.1'1, li 6 7 urge • tr.(' 5 E 3YaCti faL yq sa 11� '�M7}kw“: •• n • r'r ,I ia-4- � *-edi..N L10 fat ,.Y 'tTir' i -. C ,J i• W. w .. I '_ _ _ e .artn� .nee x -:_V -..'..I� •Si t J ,:-.2.,,,, - 1 I r r '4 a.*ry�l a�d w1: v `1 ''',;,14"4 l i'-'---1-1,Ya =$" 1 -I-. ':.. .. "rL IM ' r r ''''4::1•kV-. �' n + 3 a ! : i , _ "4. 4'.kµ §rti.;,1? 'tp f w k < uxrry smn ,.. .,, ........... .. 1 4/4' this Deed { Y , I 1 Y k S4';9 .l the r,„.eYW 'ft/{ Ga ` �. r ... ��„� . .L....d,(1..1 '&414)444'. ! '✓ Feu ! AonYY rn/ I I 'x 'I I I ]nr llv 1�/r 1 I Ayq� _ it l .K.'. ai, -,.. I 1 1 zi- yv .1 of l...,:..a nyr l ,..n, u. r .,,. v v.,v, .-n mil lt^i r GI' H fh i' �5. /<uA ♦, �.� t I d c awl / ! / ( � ag:•i ,y,T,F ky 1 i� 4P-1 r : 1 .i xl b ff i!-[ •4a ��d,f IF 1 C IA. T A%I TRIN A JI,uA S 1 Ilu xuoli4.evW arvl,y/ 1 l Q- [. 1 v ..r ' l u• - 1 I IN...rvd. iruaN l^N Avw! 'l 11 PI f.Ae r.t • ...yu. elay _Mee A rv.e.euMri.Wevryely f' 1 w tr [•. r - I 1 n r r. kaN 4, pd 0 i Tev N.f I N.L U SU/I L/1 LL...iA/•'^'•I'rv'4^r bvJv' d[..-IMI y q IM nn �. a,rl i I vvp _..1 U., �r 9`�v d p . I .». tl (4/a(walk Salim tend.d[ Anger. el -l.Jess tu J.cG &d ale, .. 7w' __.. ._._. ... r 1� N drrl / A l/ d A 6 ....e.,ed.dwl.dd del& .e..e lead ley gob nag a ..ed uveN eM sa,41W1 ! 1r i wyeer ry 14 ""....id akin,rd.'al A el As w eR W t sea • Y IA r I 1 -,ro 11 l ! n r r , I,[ ewu.I.Y. +'1war Y�Jti drl.t. .dld A..w..a. y / I. / ,r exw.. tSA_l111. .r +Ni' W o/y{..Iy.iIY brA•I M♦(W ..If ad Iw..we M ud! ! 1 I A 1 r Id ♦ i. ",Ir l,d\A, n. r}t i sL J ewl o1A� f.v(dµ wIµ Wu,m�xwn.,W M ty� robe. ,y a. L I w2 v v♦: G 44%...g.vea'-..as LYdal,/(/FJ.6./afrS�a l !fa1 2..h...5 •*524✓/ftice/v.v../1 (Al.r/ 0.r/ 14 N C..i at u..w..M♦Sr.r prestos,is A' W..d'twaL2 _wean.w w sold r. . n/the mewed en,1,s4 YY"'.fe. 14,441.0.r .14(.11-;* •,.(a.k•..•plea W aw/.rrY Y'rr°'•s prf..Is/.JIY daiM.)s b.Mlw I r..here 0 n•,f IAem,/ ..w eaiA ', Pay--41F.XIS peg Awl!.J well•'.mW W I Dsf Y IXrots"rIaJ W/l61[Cor.:A.ub pely....+rl lAr lfr.r pa..pa..AgS/_Iveaunb•v AU'✓ lv.vl. vl v..l_rw (.i!,un.l hwy../ 1 ' � et es aria MALES ANA>m..rr.r e.w..r.w Lill uL ✓!lt ;.4. _..'�w"'r✓: 1 .y) 4 a r— ._._ e i l lie. �1 s I 1 ..,e= _.�.__,._ _ _.. Ue„. i"CATE OF COLORADO,_t� � e µ* 1 wti� aYy L11Y11*MG.s.d.albaslik do Mee"�)d� s l+1.G.1_,Weie*i. _....._._ �, • I r y_, .a,_____t•w.11t i.,...wemfl..it.__W .Ar news it) .!realer M w - >wl+w/ e ...,.4...4"nom I.A.....sait.Y.w.ad wands ads dad� dined,...td.md d.tl.wd Yfu•.ld I .; �*� - .0 C,c *µ.- x60144. lfl.lWMe1'rrAAlUIw++....0-0 Anse_ ... G..a.0 _. �s.r , {. � gat a ,..� 1 I /0Ill/7$`i GI M M+M1i 1..• t./� .rpta 4.!.n...µ Gl'1V 77l ,-' h� i144 I 1. � ...wbiY.w 4.Mad .r.W1lue dowse.r the Is owl N fi ri• 15 y,� it rNI i MNI�IMM4 W{d.M..a.Y Y rre..Y.Y..... - l • , -,1 k'�� k- - "nl,4f�L, I Los;ape Lai ._....J.Y it'v•`'.,,.•t k (flf,4 cr M'1 <q�? N^n 1112Ar J1ri•111 p Ya'1' 4vl.i._ Lerann _ .8 'I^ . 4Y 1 I 19. ^� l �i. it 4 a 7, i_117: ..I A.. I¢,.::r ._t�w.�e__c?4 + µ h v,A �a f • EF tl t h Y�1. ... L .Qx i ` t 1., " I M ;14 {-1 13 4, I 1: a{1 d �'I 1.1 l� . I K � 1 \ ty? l: S^d i G n N� / `' l': I I: ; r I T� { • 4 1 ,� P • 4I r o G 1 A ts..l. 10- l A "%. : r L I _" • y i 73 - K. t 1 910421 �g ' ..�( d t x A _ k t / t. to;:',./.:7r�F A M% .,...�, i �1 ,,tip 1 a7a '3:117::e:, '✓k+yA'�""�,Yn '4 w"a :'' A / ' r t ', �14��g T Y t .i."'?,'::' .'. v}}1 N'tw .+]/ ° w� G �4' r .t r• Y 4, 1 P ..*:1:::9"..1.1::';'''' a 3 'w4 ~&� �r�+�s� ! 1z8 f l'is� m , ' a ' .o .. f� a h ��,, .� AKIl V fl Ilh.l 1/. I �'tA4. ,.< Y. ,F� S.c� __- M c/ ai } ✓✓ Eet e tkY� n von. v. //! IG [ fit t..,.,lay '..,14,!.;:14',':l'o,/'.1-$41'i: 1 / .t Yaaa..11 .l4� p 9 ff k', and ti t el enwrYh t wn.,w ..' saw ;lel'e s / il .y tpiV. , , }i'. 1 t lyd'`'' 111/A/.,\.///Tn be:aid J the Opt. l ,1 and in con+deralloe of the sum '� 4 '4e a �Q¢t}t' °N {� . 1 J { n Mal P 1 d LY 1 W / d n Jwrl.lhe F tt1 4r ,~ l I h I n 1 level I L h bat ha[ � Id nd mo- J41i f' hx Sz14.w ' V�1gt ' �" • d e,Jy: 1 �,<It..Zfl<. I 1 .Ii 1 -Ipyamlbc,q , h._ _ .County GI Weld. r4 t I q f ::—;47,41114;‘,x1 n Thompson Reservoir on the northwest one fourth of Seetlon s, d•reribed es 1'''47 Tth fl-,-,2"--,47" relieve, Pi-tinning„ing nt the quarter corner on the north sic• of Section four Hi T6 Y R 6711 - 't$ Na,"3 1e'i ' the - e bearings variation 1se 301 t; S 1. 300 & 1090 feet along center.11n•.nf.see- it-,-.1.11#479,:1:43i%aK' � , t1, a he ce s GY 301 r Gf3.feet; thence x 73. 001 a 490 feet; thence ■ 30. 101 ■2es } f., henC N ' DD' N 543 ft. :hence s 20' 101 • 403 ft. to section line; Thence R Q9' c k p t a ,, F 1430 ft along north line of said seatien tone to point of beginning. Said tract of F lino IL 1 inn; thirty five h Sg/1" (35.51) wires sore or less. lI P.AF'$ Also throe (3) sores more or lees. located 10-tee southeast querter of tn• nutmeat K W r /sfaG✓ ,arl�R�„f, a art section thirty three, township saran, mriDa range, slily earn;.also • 11pLt �, 1 e ,� 1 f way through the west half of election four, towcably ear, north, range sixty seven, for ' " Ar>.."4,.11.,, ?✓1 s )� ester-44v for outlet of reservoirs commonly nailed the 'dim Thomson Reservoir* and also 3'f j{} j.3 thB 'hl meson Reservoir'. ddb I�7. C' f) �J� � I /////n n,.an l:nLl.r me ne.e,f same ,.nJ,..pone xe tYerevoan belt ynne.rte m asye�w apperWmy.ad the M'nw, ry �'t I�s IX .nd dm ar3 rtmaindrt+,v u in M+.nJ V - h. 1{aW aII1M1e nu a vi[bt.l 4,ieaereat des W demaeC whal a eel tr.: ki , 1 „1 n II ). hl n fin ph-Leaner I r d heabo la,rg Jprtmist gene henduawe•nad appurtenance+. 0..,..,,,i,44..«- ;g;•. 21� u / IL I'I P A l/)/O//OLU rte said V b.K- cat and deatrAA k the appearenv nnm:. .... _-. .«' a 1aF�, tn. IR Jtn Jw Yla,c Y n< d v iweea A d k.,N _ t'ic.S t.#v..?1.-fi �J dl'5, / L. u t 4.cf .,5:11—e,,-Y.2 _a the Mw pert. a �'�,. ba. I..- . .1 L(J -1 LW M1 ,. grant bantam p✓e',/ r 4 t.rt h ^ CC eculor,and ad do�d.rn caul, a¢a<b Yd \<tly•� 0 11 pap. R`u heir,and ay.xo+that a the time of 14 aline rl delivery of these peace ..ha.l,- 4ftf}te t1 : tn ,. I r nnu.ec"u.rd. .ar¢nna .ore.p.meet .b..lnte WIadefea.il.le shoedtnnn'e,¢es6. f wpfradeLQ- Slt�@ P y a.I n III f.'' aoJ b.rol autnurnr m¢ramp barevo.,dl r,d convey Ue ume,.mrne,aW Inrw alvmr'd W J4a Nt A y n,l -I..Iro o all(v:,er and ocher Runes barKa na viva 1 en+ taxes,aawteeev rd i.aewbraaca+d whatever krl C<- cable lance• <N i f n•I F_yn bargained - tli.¢.. q ,ed a �_preemies d tee said part,(// el the seemed pert,• a4 kin••d { '� Y � � x premises. _�... F �( } y{µ, i Ai ,a,y a¢ 1 11..id every penes w pe lawfully chi 'ia[w b dell ye.ble et nay per/thereat the aid peel _a1 tee kg part ^'�£5 r `�{o'}' j j hat it WARRANT AND FOREVER DEFEND. / T e SA 'Vilf e At p 11 !IrvASS WHI:AAOF.The sand wnj- of the!net pan bad- minutew� p beedtyrd 4d+tte d9 ad year tti�} fi1/4' ' Ia;i ~ip i d ..t above.mum. _ 1Eil! .C7 lPa].l.Q"it, J F t!! \ JA�'4'�C a '� {kt$, nH r .a �p 1 .v-<,.<swJaw LVAu..Jm/'r. N 1 Y{tti,Fn.1,#A.tile ...tag u IA * / r art r '� r t 1 j I�'�yy $ `" w �{a kk t e r r 1a xe ,.. _ _ .- ,----,.�.r.e_ ,y vl I1.Y:.%'' 4..1' l} STA'T'E.OF COLORADO - � �fNr.4 It >, f r,1 k ,4101,L,,,-„,- r I j tcm,..y LL.inill. _ fdbenbycufy > /t r�at....�;; ; 11 N.a w'+M )1 J )t, - County. roe shm dmm.u.d.AaeM cloy z �� i� .y.f ` 1 t 01 "w :.1 a..;.�b.1 .43 •eA P t4f/red<!dU ♦1,62a^� t.e.m Ymbe'� d',�e`jep r� ). § x iy 'R.,4",44,3-..,11:;'. ` +ub,cnbebed no th rty Deed,•pperld bat..me 41}my in gn4.a•se 1410M4e�ms Wee 7.11%.t'".ta4 +48,9° 6 i1 + Saul} +3 . F di' I elk mod aeneeet of waling�.i SO•04 eebn•fe rt'le�lM W A3 } �M..r I. F if"•;••i"- +iY ? F •1 , mVW1' v';a9pbJ5aKi9SMt C • Pr r , '..t.:'..:‘.rr 1 ) ,I -y 1, r ettrw,w x 4j iraz N4 R y�y t+��a } • p K el.d..dn e.ad I f -• � }, `'l'-,':r 1 v juV4-iit y • s n F H h i t �t faGC' ! -^ I, d o � l5 4 1, �� _ 5;r e\o f�*t `"eY I."0"..."I 0" _ �a i u� a . �Ill i ', Ail P ,t al ym �< r l` w J qe ! i� d h �n /! rl x 4 r r r� r:l !'r .'+ -d ! 4..i�"N 4 l r ,? 1 ' rv*I C� � x4LS' uY₹ ,y�`i''L yT Ala s -wasnr,� i , . rY .IJLI!-..i.-,_'_ I �y3 �ff21iXad. rAia �7-uu4l+. �.R.l 1.,...,,,,,,*; _ a { WAI 1 n 4g i�1�J .-�_ I ,.,Iu ..M...t,w A...nxe.oIr Sa.eelw �.......... I 1 . . 0...� d 7 g- •. n�I _ „k"' ,,,y&,...,)1, ,. _ fo.. ( .._ min .ru. 1 M .t.1 • Y" 7111 x ,411 am, a a—",„•"_,,,, ,O , .1 ' '.,..4L F ,...<'.f 1.,., r.• N 11 1.4• iAive m. , ,i rY. v M !{ rYOf91, 4 ' - I u'riTrsc .asort m1.7 c,N.. •• .%'A...,.of YY I no 11". y no./,..,.hl.n f j q `0 "r5 i pr�5� �i l ..mot nl 4 e�auk <a,y ! u'e� f.,✓o.. 10 ..../n�:L NI pate A iiP nano.. R 11!14 / p.F. 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DESCRIPTION OF OPERATION 4. SUPPLEMENTARY INFORMATION a. COMPREHENSIVE PLAN & ZONING b. OVERLAY ZONES c. WATER SUPPLY AND SEWAGE DISPOSAL 5. FLOOD INSURANCE RATE MAP 6. LETTER FROM NORTH WELD COUNTY WATER DISTRICT 7. SOILS REPORT 8. CERTIFIED LIST OF SURFACE OWNERS WITHIN 500 FEET 9. CERTIFIED LIST OF MINERAL OWNERS 10. INDIVIDUAL SEWAGE DISPOSAL SYSTEM DESIGN 11 . RULES AND REGULATIONS FOR PERMIT HOLDER 12. RENDERINGS: ENTRANCE, CARETAKER'S HOUSE, CAMP SPACE AND OFFICE/SHOP BUILDING 910421 To: Weld County Department of Planning April 7, 1991 From: John and Wendy Houstoun 5462 WCR 74 Windsor 80550 Concerning: USR-943 Greetings, This letter is intended to express our concern in regards to the above mentioned case more commonly refered to as Windsor Shores. We received from your offices a letter dated approximately March 24 that notified us of a hearing to take place on April 16, the hearing to consider a Special Review permit for Windsor Shores. Prior to your letter , we had not heard of any plans for a recreational facility to be built on the adjoining property. On aprii 4, the Town of Windsor had a hearing for a referral for Windsor Shores, at which meeting I introduced myself to Larry Eckle and set up a meeting to see the plans for the propposed facilities. On April 6, he came to our house and showed us the plans for his facility. Wendy and I were shocked to see what is being propposed for this area. Even more shocking, though, has been to watch construction take place over the past three weeks as if Windsor Shores has already been given approval without any input or considerations given to us or any other of the surrounding neighbors. We will definitely attend the April 16 meeting in the Commissioners Hearing Room to express our views that this development not be allowed, but in the meantime , I would like to tell you of a few of our misgivings that have already occured; On April 5 , a house was moved onto the property which we were told is to be a permanent dwelling On approximately March 8, heavy equipment began work on what we recently were told is a breakwater it appears as if a foundation is already being poured to place the house upon Telephone line crews were working on April 5, apparently to provide services to the site People have already been camping and boating at the site In general, it appears as if the project has already been approved and I question the procedure of allowing the work to be done, the utilities placed in service, and alloy,/ basic construction to take place and then 6 / C7r,/1j issue a permit. This has not been the procedure for Weld County in the past and I sincerely hope that this is not the way the County is planning on doing business in the future. Having seen the plans we have many objections to what is being propposed; primarily, a noisy and unsightly development in our front yard; but our biggest objection is that so much has been done without any prior notification to us or any other property owner and furthermore that work has been going on without any permits. If any permits have been issued already, then why were we not notified of any of these plans until after work had commenced? We look forward to expressing our opinions and to have the opportunity to ask more questions on April 16. Sincerely,, John and ',bendy Houston cc: County Commissioners Department `p,ri it fmni y n frrn 1C . "° n- n5 rf 35712 Weld County Road 19 IC i,`,__ r,t ;`',-; Windsor, Colorado 80550 April 9 , 1991 Mr. Gordon Lacy Chairman Weld County Commissioners 915 - 10th Street Greeley, Colorado 80631 Dear Mr. Lacy: This letter will serve to express our serious concern regarding the proposed Windsor Reservoir Recreational area. We regret that our first knowledge of the project came with the receipt of the Windsor Beacon at approximately 3 : 00 p.m. , April 4 , indicating a Windsor Planning Commission meeting that same evening, which we were unable to attend. Located in a prime agricultural area of Weld County, we believe our property, as well as that of nearby neighbors , has enhanced the value of this community and will continue to do so . We believe , further, that the development of the recreational area will seriously threaten these property values , particularly because of aesthetic degradation, as well as problems of noise, litter, waste disposal , etc . , commonly associated with invasion of transient groups of this nature . These problems will be further aggravated because of the major shoreline fluctuation during the summer months, and the need for temporary arrangements to reach the receding shoreline. Any very limited , short-term economic gain from the project will be more than offset by the loss in property value, as well as tax revenue from quality estate development in the future . Two questions also come to mind regarding the procedure for considering this proposal : 1 . Why were the residents of the immediate area not given sufficient notice to consider this before discussion by the Windsor Planning Commission? c /71 � c ,' >� ` .y G r. ( c CLL., L GL l_ o i --2 April 9 , 1991 2 . Why was work already started on the project before approval? (House moved to area on April 1 or 2 , and other underground work started on east side of reservoir at approximately the same time . ) Your careful consideration of the above will be greatly appreciated. Sincerely, KK 7e4 - mil Mr. and Mrs. Howard E. Smith HES: lmm cc : Mr. R. Frank Mr. W. Kirby Mr. W. Webster USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number 1/4152 - 543 Date Received .3-/2- 9/ Application Checked by _2,22 Mylar plat submitted Application Fee (oO().DU Receipt Number ncnci Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: PART OF Section27,28,33 & 34, T 7 N, R67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: NONE Section T N, R W Property Address (if available) 9227 W C R 74, WINDSOR, CO 80550 PRESENT ZONE AGRICULTURAL OVERLAY ZONES FLOOD ZONE ON RESERVOIR TOTAL ACREAGE ± q60 ACPFC PROPOSED LAND USE PRIVATE RECREATIONAL FACILITY FOR BOATING & CAMPING EXISTING LAND USE WATER STORAGE AND GRAZING SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: WINDSOR RESERVOIR AND CANAL CO. Address: 106.ELM AVE. City EATON. CO Zip 80615 Home Telephone 11 Business Telephone # 454-3377 Name: Address: City Zip Home Telephone 11 Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: LARRY B. ECKEL, PRESIDENT, WINDSOR SHORES, INC. Address: P.O. BOX 8236 City LONGMONT. CO Zip 80501 Home Telephone 11651-6187 Business Telephone # 447-2594 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: WINDSOR RESERVOIR & CANAL COMPANY Address: 106 ELM AVENUE City EATON , CO. Zip 80615 Name: Address: City Zip I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge, COUNTY OF WELD ) STATE OF COLORADO ) ��\ Tr1)---- , ' - . Signatur : Owner or Authorized Agent - E 4 „Subscribed and sworn to before me this /501 �7 ay of -ge!-s...., 194i/ . r NOTARY PUBLIC /aV-9004,� ck-°-hfy commission expires !� � /5794 / do sent LEGAL DESCRIPTION - LEASED PROPERTY THE SURFACE RIGHTS OF AND TO THE WINDSOR RESERVIIR, a/k/a BIG WINDSOR, LOCATED IN SECTIONS 3 AND 4, TOWNSHIP 6 NORTH AND SECTIONS 27, 28, 33 AND 34, TOWNSHIP 7 NORTH, ALL IN RANGE 67 WEST AND THE DESIGNATED AREAS OF REAL PROPERTY ADJOINING THE RESERVOIR ON THE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY PORTIONS OF SAID RESERVOIR AS SHOWN ON THE ATTACHED USE BY SPECIAL REVIEW PLAT. 91®421 ANDERSON, SOMMERMEYER, WICK & DOW ATTORNEYS AT LAW SAMUEL L.ANDERSON MAVO SOMMERMEVER* CHEYENNE OFFICE ROBIN L.WICK 03 CLOCK TOWER SQUARE 2312 CAREY AVENUE TIMOTHY J.DOW 323 SOUTH COLLEGE AVENUE CHEYENNE,WYOMING 82001 KENT N.CAMPBELL P.O.BOX 2188 JAMES D.BRAMER* KATHRYN 8,LONOWSKI FORT COLLINS.COLORADO 80822 •ALSO ADMITTED IN WYOMING ROBERT J,PENNY (303)482.4011 ROBERT N.CLARK FAX(303)482-8829 THOMAS K.HIGLEY March 8, 1991 Lanell Curry Weld County Planning Department 1516 Hospital Road Greeley, CO 80631 Re: Windsor Reservoir/Water Sports West, Inc. Reservoir Lease/Special Use Permit Dear Lanell: This letter follows our recent telephone discussion concerning the referenced matter which is in process with your office. The applicant is Water Sports West, Inc . , through its President, Larry Eckel. This application involves a request for a Special Use Permit for recreational surface rights and related uses of Water Sports West, Inc . on the Windsor Reservoir, a/k/a Big Windsor. This firm represents the owner of Windsor Reservoir, the Windsor Reservoir & Canal Company. Our client supports this application for a Special Use Permit pursuant to a proposed lease between our client and the applicant. It is my understanding that the Town of Windsor is also supportive of the application. The applicant has operated under other reservoir leases, and our client feels confident that this will be an appropriate use by a first class user. Should you have any questions or require anything further in connection with this application, please do not hesitate to contact me. Thank you for your consideration. Yours very truly, ANDERSON, SOMMERMEYER, WICK & DOW 2r.9 17 Timothy J. Dow TJD/clp cc: Donn Engel, Secretary Windsor Reservoir & Canal Company 91-®421 Larry Eckel Water Sports West, Inc . WD;DSOR SHORES PROPOSED USE The proposed use of the property is recreation , namely coating, ,rater skiing , sailing , camping , fishing and associated water sports . The recreational use will be extended to persons on an annual permit basis . The permits will be issued to a limited number of families after they have submitted an application and have been found to be of good character and capable of safe and compatible conduct at a lake and water sports facility . The need for added outdoor recreational facilities such as this is in- creasing all the time and especially along the front range of Colorado . We propose a maximum number of permits sous to pre- vent overcrowding of the facility and it ' s safe usage. Based upon twenty years of experience in management of recreational facilities like this we have determined that the facility could handle as many as 200 permits but to prevent any harmful impact to the facility or the surrounding area it has been decided to limit the numbers to a maximum of 150. This would include 100 permits with camping privileges and 50 permits limited to day use only. EMPLOYEES, SHIFTS & HOURS OF OPERATION The weekend days and holidays will have the greater activity as compared to weekdays , the hours of operation will remain fairly constant throughout the water sports months of May thru September . During these months our activities will commence early morning and continue throughout the daylight hours . These hours will permit boating and skiing activities on the lake. After sunset only boating with no wake speed like fishing for example, will be permitted on the lake. On shore activities will be primarily around the campsite and subject to the rules explained in the enclosed rules . Some activity will occur before May and after September but on a much reduced basis . During the week the lake will have an employee on the property to accommodate the permit holders , patrol the property and assure safety compliance for lake usage. An additional employee will be needed on weekends and holidays for lake patrol and safety enforcement . A third employee will fill in for other employees during breaks and as needed for safety and rule compliance. All shifts will be eight hours and scheduled to match activities . Additionally company principals will be on the property as needed. EXISTING AREA USES The area surrounding the property is primarily agriculture. In one or two exceptions the use is country estate residences, The property, the reservoir and the land around it, has been used for the storage of water and some limited livestock grazing. It is believed that the impact on agriculture would be minimal and more than offset by the revenue impact for the land owners . The closest residence to the areas of activity would be a quarter of a mile or more with the possible exception in the southern most part of the lake wher three homes are within 450 feet of the reservoir . One of these homes is the residence for the reservoir caretaker , the other homes are across Weld County Road 74. 910421 (continued ) ACCESS AND TRAFFIC Access to the property will be primarily from Weld County Road 74 on the south and Weld County Road 21 on the East . Road 74 is a blacktop road and Road 21 is gravel. . Eased upon the 1990 tra- ffic count we experienced at Union Reservoir on Weld County Road 26 east of Longmont , we experienced our highest traffic on the weekends in the month of July . During July the Friday at 5 : 00 pm to Sunday at sundown vehicle count averaged 196 vehicles that entered the property . This was a daily peak of just under 66 veh- icles of which 10 percent should be recognized as reentry vehicles . It should also be noted that we issued 200 permits to Union and at this property the number is reduced to 150 . The vehicles will consist of passenger vehicle, pickups , boats and campers . Boat and camper traffic will be much reduced because of the availabil- ity of trailer, RV and boat storage at the reservoir. When boats are brought to the reservoir the average weight with the trailer will be 2800 pounds . In the case of campers the weight can vary from a tent trailer of a few hundred pounds to the large loaded motor homes that can weigh as much as 13 , 000 pounds . Our exper- ience has shown that our clientele averages a camper size in the 4 , 000 to 5 , 000 pound range almost 80 percent of the time. UTILITIES AND SAFETY A residential water tap will be purchased from North Weld Water District for domestic water . Natural gas will be purchased from Public Service and electricity will be provided by Poudre Valley REA. An evapotranspiration system engineered by Gerald B. McRae of McRae and Short in Greeley Colorado will be installed as app- roved by Weld County Health. We will work closely with the fire department in Windsor to address any concerns regardin fire pro- tection . The department is located 4. 3 miles from the lake. All boats and RVs will be equipped with fire extinguishers. Added extinguishers will be located in the machine shop and near the gas pump area . Garbage collection will be made in dumpsters that will be placed for convenient use by reservoir users and collected weekly on Wednesday mornings of each week by a commercial trash service . Since most RV units will be self contained, a RV dump station will be available for a user fee and pumped by a commer- cial pumping service. The station will consist of a 2 , 500 gallon tank or larger as approved by Weld County Health. Pets will be limited to those that are completely controlled at all times and any considered to be a hazard will be barred from the property. A storage area will be security fenced with 4 foot chain link fence and will provide 150 spaces. LANDSCAPING AND EROSION CONTROL All landscaping undertaken will be native in nature and require as little irrigation water as possible but still achieve suitable results . As indicated in the enclosed space agreement with the permit holders, specific guidelines are described for tree and grass planting and the maintenance required before action is to be taken by management . The boundary with Weld County Road 74 will be bermed and planted with native grass and plants so as to screen lake activity. Existing tree and brush growth will be thin- ned and pruned to encourage better growth and appearance and also ( continued) 910421 provide screening from noise and activity . Irrigation waste water from neighboring farms will be channeled and returned to the lake thru culverts under the roads and thru camping areas so as to pre- vent erosion and flooding of the areas . No appreciable increase in storm drainage should result from this type of facility . What drainage does result will drain to the lake as it presently does . Any reclamation that may ever be required would be very easily accomplished because of the minimal improvements being done. CONSTRUCTION TIME & START-UP OF USE The construction required for the use of the reservoir, mainly for boating, will require less than one month. With good construction weather the improved campsites , erosion control and finished land- scaping could require an added 45 to 60 days . It is hoped that the permit holders can begin to enjoy boating and fishing activities as early as April 1991 . Phasing would begin with ramp and docks before the water level increases . The entrance, access roads, 100 camping spaces , caretaker ' s residence and trailer storage would be completed as soon as possible with landscaping and erosion control measures completed by early summer 1991 . AREA IMPACT Discussions with planners for the Town of Windsor have indicated that the proposed use of the reservoir would be welcomed in the area because of it ' s positive economic impact to the area . Rel- atively little impact would be experienced to the agricultural use of the land in the area around the reservoir because of it ' s limited use for grazing in the past . Considerable planning has been used to limit any adverse impact to the surrounding agricul- tural land which is the predominant use of the surrounding area . For those properties used as residences we have intentionally put as much space and landscaping between them and the activities as possible. Consideration to adequate distance of sight was given before placement of the proposed entrances . Discussions have taken place with reservoir personnel regarding the posting and closing of some areas that may be considered hazardous and/or offer little or no recreational value . All users are provided rules and regulations they are expected to follow so as not to disrupt the area enjoyment by other permit holders or to disturb the peace and quiet of adjoining property owners . It should be noted that no boat with loud above transom or dry stack exhausts will be permitted on the lake. No use of jet skis, snowmobiles , firearms or nuisance type recreational vehicles will be permitted . Boats found to have decibel numbers in excess of SO will be removed from the lake. This reading applies to a driveby at 150 yards . The typical boat at Union Reservoir had a noise level of 70 to 72 which is similar to a passenger automobile at 100 feet and less than a typical large truck. Additionally, the term "MEMBERSHIP" has been avoided in our operation and the term "PERMIT" or "LIC- ENSE" is used in it ' s place. This is a very important management tool for the control of the use of the property. Even after check- ing out an applicant if a person or family is found to be unable or unwilling to adhere to the required safety and general conduct rules we are better able to cancel a permit than a membership. It is the intent of management that everyone at the facility enjoy themselves but safety first is utmost in our thinking. 9]0421 3. SUPPLEMENTARY INFORMATION 3A. COMPREHENSIVE PLAN: The applicant feels that the proposed use is consistant with the Weld County Comprehensive Plan for the following reasons: 1 . The "Use" does not remove "prime" agricultural land from use. The facility is located on a piece of ground that is small and irregular to farm efficiently. 2. The proposal will not destroy any natural features and will pro- vide a more productive use of this tract of land. 3. The traffic impact will be acceptable. During the week, the increase in traffic will not be excessive and on weekends, the impact will not be major as the normal traffic will be less. 4. The proposed facility will provide a clean, recreational use with a minimum amount of improvements and impact. 3B. ZONING DISTRICT: The proposed use is consistant with the intent of the Agricultural Zoning District. The use is non-industrial and will have a minimal effect on the agricultural area. Through this Use By Special Review process, there will be adequate controls. 3C. PRESERVATION OF AGRICULTURAL LANDS: The area proposed for the facility is a small area that has been used only for grazing and therefore, is not highly productive land. 3D. PROTECTION OF HEALTH, SAFETY, AND WELFARE: The health hazards or pollution associated with the proposed use have been addressed in the application and will be controlled by enforcement of the Rules and Regulations. The operators of the facility have the experience to operate this type of facility and know that a clean, well maintained park is necessary to achieve full occupancy. 3E. COMPATIBILITY WITH EXISTING USES: The area is primarily recreational and the adjoining uses are either agri- cultural or residential lots in the agricultural zone. Primary use is on the weekends which is offset from the normal agricultural uses. 91®421 3F. COMPATIBILITY WITH FUTURE USES: The improvements are not extensive and the use is not intensive and would be compatible with the foreseeable future uses of the area. Under the proposal , the Reservoir Company will continue with the primary function of irrigation water storage and distribution. 3G. OVERLAY DISTRICTS: The area is not within any geological hazard area or airport overlay district. 3G. OVERLAY DISTRICTS: The area is not within any geological hazard area or airport overlay district and the Flood Insurance Rate Map 080266-0475 C shows a 100- Year Flood Level at the High Water Line of the Reservoir. 3H. WATER SUPPLY: The proposed use will not have a high water demand. The North Weld County Water District serves the property with domestic water. 3I . DEED: A copy of the deed identifying the total property and ownership is attached. 3J. NOISE REPORT: The noise factor is addressed above. 3K. SOILS REPORT: Soils information as prepared by the Soil Conservation Service is attached. 3L. ADJOINING SURFACE OWNERS: See attached. 3M. MINERAL OWNERS: 910421 1$ -1) v // tq M,iL 'fr _II ire, II I I � .� — ---- I _ 1 If — — —— - I ro iCj1 i� Y L 'p 9J cc —_ / �� 1 T'), I. � .±Nl ;i fR r} �Z n L / N R 11 ,y't fie a frN 1 \1 2 �t?I�<' 28 I •.�i 4:*it-. o 1 27 IF _25 �•P ll/� Y2 y �e✓e^'�r LTtJ4'L r'rlr {e �' + \\ .9 !/ 'tIf •ye titt i';9';''‘..•-",.' `'1 'd � '1 _ Cr—--=-M\ ^t.',;...-J- ,� rk . > _ -i ri . tpY J j �{ J r 1 �Etpi4.?rf .9 n` • n / 4'%tNt l r, 'C, 9 ( xl\� r\• 3 T yJ! 1 \\ -- \ I L 1 t1r d"'L,,t E s...L . : — 1 1 � _ >� I A'� ��a :9 �� b 3, ••1 y } ' at Y Trb ' �' \ r F 4 Ask 1 w4. 4n..'�, jire4kitA.:' .CC. • 1\ W S : i r 1 t ��\\ : V, i' I 'j,v 1{i.4 al'ial }t 2.' 1 \1 �� elt�:� T�:4:4 ' �.r a ': • I ' 33 �t` * 1 34 ., r Less �� 35 _112 • t Y L I SP VO' \ yy y 1 r 5}' ,fa' Pi�j :91. 1d}i % ., /l ."411.r.,,/1J �� il 7 tw. t • .. JL__._. _ _— ) ____ \ i rYy �A rte+ Je,:. \}1Y yyt4S \\ \KEY TO MAP c \eom minimal nooesa(No shading) \ (;111 100 Year none eo.,neary-- - r - o Ale..nI undetermined, bm possible,unne mram,. ® NATIONAL FLOOD INSURANCE PROGRAM I ZnNE 0 V Arua of 19Urear coastal flood with.=10,1114 Iw,ve loo veer none eonnenr Caction,.bne none elevations and none hazard bnnrf --. - flr� 7,.o.Dei hat,• _ .��AT�mir< (` not determined _—_.. gr al g+ g vtmw A.e„of lao.yea,<oa,tal nnnd.uM1.nni Iv Iw,ve '!R+ A��. acao^66,ae,,,zwe.atmn,and rloonhaaardfanno eueemin.d FIRM p ( too.v.ar n..oa m:,nmrr ZONE B _. 100Yeer llouJ eounearY- •�"'-" NOTES TO USER FLOOD INSURANCE RATE MAP Hv none Elevation Ling --`-'--"-6 rl Certain ar not In the,penal flood hazard wren(tones A and VI WWI ne.allun In In f le e11•• te 1 may be pml¢nd by Raad control aNunaef. Sate flood Elevation In feet IEL Men This map Is for flood Insurance purpose,only, l does nm netts WELD Where Ilnllwm WOhln Zone•• u m rlly ,how all areas subject to flooding In the mmunlly or all planlmeel=features owfrde swift flood heard,rtes. nenllon Reference Mary I1MJA For adl^Inlns map panels,see separately printed Index To Map ImeLL is� River Mlle •MI.6 COLORADO /-\ _ ••Referenced to theNallon+I Geodetic Vertical Datum of 1979 INITIAL IDENTIFICATION - MARCH Z1,1978 \�--- --iI-'--T Ir _ _. UNINCORPORATED AREA ) II Y/ •EXPLANATION OF ZONE DI tiIGNAIIUNti FLOOD HAZARD•OUNDAnv MAP REvISIONS. r I seas EMn ANAn^•r.e..nn.nr .re 00aae Ilm.d:Y. PANEL 475 OF 1075 I h.uJ has Jrd laalon nn1 Jr:a:m:n,a AP INDEX FOR PAM L5 NII r Pir rN I I III AO AIM nl 100 WI d.JllOw OWi 'E •nee devil I FLOOD INSURANCE RATE MAP Ef EECTIv I: (SEEM of 111,41,110,1 rte Chown.hit no II., vward l, lhs MARCH 1M,1980 rehaermined 111'"e"""1116•11l�rrndl.,n�.f COMMUNITYPANEL[NUMBER are r r FLOOD IMO ANCERATE MAP REV MA 9: 08026604750 All treat ul IRO"'''''r ✓.Alnw 1104141.1 0 ' •I r:• II'" SEPTEMBER 28 IMOe:M1 nil revised .k'nibble reflect E Ehis tole unitlues L e brrween n s 11)and Ieve VI Ian;hoe II I To determine II noad I'Ls r a h aralDbb in IMF<ummunlly, elevations are shown, but no IIaIJ hararJ IJr I.rN Nct Your Insurances call the National I Iona 1.:u:r•nce s Areas of 100 g°^=•°r=' MAP REVISED: R ; Al A7o Ared m loon,, deter e.M n l rtr,.onr., ..I lrnnamn goal 6384620, SEPTEMBER 28, 1982 Ilnnd IInnJ/,alma JeNrr:.IneJ An Ale, Ell ion Ye nn a ro b. p.. Inn Ilv u..nJ 91_0421 21 fro ,11,1,1 Y e un.lfr t.ml n h„ IIm.J /,1 `:3�/ levnlnn and"Ilu.d hunt In J Inm...eJ 1 / I:fl • Area,betwee:r Ilmlle of the 100••ra^il....I A.II Sin leer flood,or erran areas whirr i tonma federal emergency management agency Ins Ill,4„,,,,Erl icorn'hr. 111. APPROXIMATE SCALE O.ea e1pr 1een141.ner N..,d e bat. 1.,,.a 2000 0 x0.0 FEE! --/ BOARD OF DIRECTORS Rr: � ` ERNEST TIGGES �-- At- NORTH WELD COUNTY WATER DISTRICT GARY SIMPSON ERNEST ROSS p.19 Ott id HIGHWAY 85 • LUCERNE, COLORADO 80646 W.M. McKAY CHARLES ACHZIGER 2 4 LYLE NELSON, MGR. P.O. BOX 56 • PHONE 356-3020 February 28, 1991 McRae & Short, Inc. 1231 8th Avenue Greeley Co 80631 RE: Water service at 9227 WCR 47 Mr. McRae, This is in response to your letter dated February 27, 1991, Project No. 91020. The closest mater service presently being provided is at Paul Lind 's at 9672 WCR 74. This address is the end of the existing Zine on WCR 74. An extension mould be approximately �Z mile . If North WeZd County Water District can be of any further assistance, please call. Since le Nelson Manager 3104. 21 _ S `r�.(rrlY f.' I ?,^.��p,,�t `V-vv q .,, -57"..�.q�: ! riz "7, '41-4•74::-'4" �.� a• 1 V ' aY " . ,��a,,'" .. r it ! r"` ,k,s7 T•40:LI ' I Yom' '::ttc,S* „ 3t�s tE �� _ 7/tj'i • $ y r n yj7. ......11419 r t Iv` rch '?y �. 1 tf /YA 3,•fl�y T'79 A �t it, ;.i.4 /1 1 .;•••-.4. ''Mt- a � �S 4 fi r .�pyyti gad y�.S d ' •\ r .M �4 ' ►�., IN t.w,w d. 9y/. 't4 1 • • : Ii.•'9 t �-.4,. * t ."1,1 4."4 S°". ' ''c. `tgt.sw4tx Iy r s r i• f 11 `' i 4 \`� 'kL '7 !g�.�64 1[4`32 ti 4,:t; ' f7-124.t•-fm.,4 !I I 1 _ �e �.. 1 g,a...� + . � 5'./li ��• � �q� r • • clo� aEf z ..to, y.+ L �{ R j,✓ L ' P �41/I ' � +`, 3 ,r 4+��- ` '65 I ,� t A � . Lrl y �' 1 ( 1 s � 4 / � '• n lit cif � ' -, ,� 7" -7, _ ';77--'17;‘," . .�e. „y'I/r ,; 1 d ' az j� , 24,.4 6s � ,.. ! ,,,,.. Y 'q+�; _' l X27 't,, fi 8\itii�1 ' I +t"„ I • ... •4 • . • : WINDSOR 6 ¢J1riCii ' 1'41 lth i 4w- > _I_ e- 'Z 1 X t yy 83, �, a� • 9 ' rYb , '*un 1/2a,141:1.:,'f.•• tt �. sti'Y ii • r. �� ,• RESERVOIR 4 a el•e ; . 1 � {�� 344:3:: r r 24 f i 1 B2. t . , „r" t �, R t 1f2. 1. •,.., + 4,'1 �,i.. —51• ., ' y Ct ‘f 2Rd aA Z �� dw I�.✓✓��" /C,`"n t', �n ' �� 'w 'a��//.s'TN M$0.r /� w� - •" 51t �' '' '" l� � ; T trk' �T�rc I n F' ' i>t' z rc tf 1 '•LAKE z t ' �;.`. .,..._:„..,41.4. r s kiq, ,n ) 1 is ; )1 t ' t �'� -AC:, � `Ck. w"' C , • ' Ste:" 4 ,r'' ` t7i 65 'Y ° 'alb nl { �P • :�' t �,. � S .'. .b f t ,r'''', ids• !1 a seity f ,n 4,11,r(.1.1?'T '.,i .J4 5 ' • I � s `t , I 33 ° '2 � Y ''''.1.;:`,:V � ,,.�..,, � ., ° I • 444` ll ` � ..r L Lri �� first 4 ! a �p r`t • . k� i`i �� t7�, r �.#'y, AF.'111 � R �e 3 s y !M s�� n. ! "t. d v 1 ',e tr�s Y "nN`3+9 +'�t1 t n� y , • I t 5 9S * t �'l�0 Y ...' '1N,,.i r� i / _ \'H i 71��' 'r f`y�l e 6r1 4a #3f. k- , ik,` J.7�, 1 4 L r•T t' t e^ �P, e e • ,. �w z r p t.. /� s w n(`� -ct,i�y,.• a z, t ' �. > �.. e:-.... : I . 4. y;I:(11% 1��a# L. •41:4'. yip,. �}, 7 i `• /-.1(47 '* ��LL s , }y-. ♦ '' i s �•� rp'y� {� �'~ 1 . `' .If. ,.'�v r,.� rr,�.'5_ �i6'^,*. SOIL SURVEY OF WELD COUNTY, COLORADO, SOUTHERN PART United states Department of Agriculture, Soil Conservation Service, 91.0421. I in cooperation with the Colorado Agricultural Experiment Station 4—Aquolls and Aquepts, flooded. This nearly level 32—Kim loam, 1 to 3 percent slopes. This is a deep, map unit is in depressions in smooth plains and along the well drained soil on smooth plains and alluvial fans at bottoms of natural drainagewaya throughout the survey elevations of 4,900 to 6,250 feet. It formed in mixed eolian area. Aquolls, which have a dark colored surface layer, deposit and parent sediment from a wide variety of make up about 55 percent of the unit. Aquepts, which bedrock. Included in mapping are small areas of soils that have a lighter colored surface layer, make up about 25 have loamy sand underlying material. percent. About 20 percent is soils that are well drained Typically the surface layer is brown and pale brown and soils that have sandstone or shale within 48 inches of loam about 12 inches thick.The upper 28 inches of the un- the surface. derlying material is pale brown loam. The lower part to a depth of 60 inches is pale brown fine sandy loam. These are deep, poorly drained soils that formed in Permeability is moderate. Available water capacity is recent alluvium. No one pedon is typical. Commonly the _ soils have a mottled, mildly to moderately alkaline loamy high. The effective rooting depth is 60 inches or more. Surface runoff is medium, and the erosion hazard is low. or clayey surface layer and underlying material that ex- In irrigated areas this soil is suited to all crops com- tends to a depth of 60 inches or more. In places they have monly grown in the area, including corn, sugar beets, a gleyed layer in the underlying material. beans, alfalfa, small grain, potatoes, and onions. An exam- Most of the acreage is subject to excessive runoff. The ple of a suitable cropping system is 3 to 4 years of alfalfa water table is at or near the surface in spring and during'' followed by corn, corn for silage, sugar beets, small grain, the peak of the irrigation season. or beans. Land leveling, ditch lining (fig. 6), and installing These soils are used for rangeland and wildlife habitat. pipelines may be needed for proper water applications. Some small areas are irrigated pasture. All methods of irrigation are suitable, but furrow ir- The potential native vegetation is dominated by rigation is the most common. Barnyard manure and com- awitchgrasa, prairie cordgrasa, saltgraes, alkali sacaton, mercial fertilizer are needed for top yields. big blueatem, indiangrass, western wheatgrass, slender In nonirrigated areas this soil is suited to winter wheat, wheatgrass, sedge, and rush. Cattails and bullrush grow barley, and sorghum. Most of the acreage is planted to in the swampy spots associated with these range sites. µ,inter wheat and is summer fallowed in alternate years Potential production ranges from 4,000 pounds per acre in to allow moisture accumulation. Generally precipitation is favorable years to 3,000 pounds in unfavorable years. As too low for beneficial use of fertilizer. range condition deteriorates, the tall and mid grasses Stubble mulch farming, atriperopping, and minimum til- decrease, production drops, and saltgrass, sedge, and rush lage are needed to control soil blowing and water erosion. increase. The farming and irrigation in adjacent areas has Terracing also may be needed to control water erosion. increased the amount of salts on much of the acreage. The potential native vegetation is dominated by blue Management of vegetation on this soil should be based -- . on taking half and leaving half of the total annual produc- grams. Several mid grasses, such as western wheatgrass lion. Switchgrasa, big blueatem, indiangrasa, western and needleandthread, are also present. Potential produc- tion ranges from 1,600 pounds per acre in favorable years wheatgrass, pubescent wheatgrass, intermediate wheat- to 1,000 pounds in unfavorable years. As range condition grass, tall wheatgrass, and tall fescue are suitable for deteriorates, the mid grasses decrease; blue grama, buf- seeding. The plants selected should met the seasonal falograss, snakeweed, yucca, and fringed sage increase; requirements of livestock. For successful seeding, a firm and forage production drops. Undesirable weeds and un- prepared seedbed is needed. A grass drill should be used. nuals invade the site as range condition becomes poorer. Seeding early in spring has proven most successful. Til- Management of vegetation on this soil should be based lage is needed to eliminate the undesirable vegetation. on taking half and leaving half of the total annual produc- Wetland wildlife, especially waterfowl, utilize this unit. tion. Seeding is desirable if the range is in poor condition. The wetland plants provide nesting and protective cover Sideoats grama, little blueatem, western wheatgrass, blue as well as some food. The nearby irrigated cropland, grama, pubescent wheatgrass, and crested wheatgrass are where wildlife obtain much of their food and find protec- suitable for seeding. The grass selected should meet the Live cover, makes this unit valuable to both wetland and seasonal requirements of livestock. It can be seeded into openland wildlife. a clean, firm sorghum stubble, or it can be drilled into a Openland wildlife, especially pheasant, use this unit for firm prepared seedbed. Seeding early in spring has cover and nesting. Deer find excellent cover in some proven most successful. Windbreaks and environmental plantings of trees and areas. These valuable wildlife areas should be protected shrubs commonly grown in the area are generally well from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. Capa- bility subclass VIw; Aquolla in Salt Meadow range site, vegetation should be continued for as many years as in Wet Meadow range site. possible following planting. Trees that are best suited and Aquepts g have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are akunkbush sumac, lilac, Siberian peashrub, and American plum. Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked , pheasant and mourning dove. Many nongame species can be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- tial and should be included in plans for habitat develop- 91Q424 ment, especially in areas of inn dye agriculture. flange- shrubs td environmental plantings of trees and land wildlife, for example, the pronghorn antelope, can be shrubs commonly grown in the area are generally well attracted by developing livestock watering facilities, suited to this soil. Cultivation to control competing managing livestock grazing, and reseeding where needed. vegetation should be continued for as many years as possible following planting. Trees that are best suited and This 9011 has good potential for urban and recreational development. Increased population growth in the survey have good survival are Rocky Mountain juniper, eastern area has resoled in increased homesite construction. The redcedar, ponderosa pine, Siberian elm, Russian-olive, and chief limiting soil feature for urban development and road hackberry. The shrubs best suited are skunkbush sumac, construction ds the limited capacity of this soil to support lilac, Siberiampeashrub, and American plum. a load. Septic tank absorption fields function properly, but Wildlife is an important secondary use of this soil. The cropland areas provide favorable habitat for ring-necked community sewage systems should be provided if the population density increases. Because of the permeability pheasant and mourning dove. Many nongame species can of the substratum, sewage lagoons must be sealed. be attracted by establishing areas for nesting and escape Lawns, shrubs, and trees grow well. Capability subclass cover. For pheasants, undisturbed nesting cover is essen- IIe irrigated, IVe nonirrigated; Loamy Plains range site. tial and should be included in plans for habitat develop- 33—Kim loam, 3 to 5 percent slopes. This is a deep, ment, especially in areas of intensive agriculture. Range- well drained soil on plains and alluvial fans at elevations land wildlife, for example, the pronghorn antelope, can be of 4,900 to 5,250 feet. It formed in mixed eolian deposits attracted by developing livestock watering facilities, and parent sediment from a wide variety of bedrock. In- managing livestock grazing, and reseeding where needed. eluded in mapping are small areas of soils that have This soil has good potential for urban and recreational loamy sand underlying material. development. Increased population growth in the survey Typically the surface layer is brown and pale brown area has resulted in increased homesite construction. The loam about 10 Inches thick. The upper 28 inches of the un- chief limiting soil feature for urban development and road derlying material is pale brown loam. The lower part to a construction is the limited capacity of this soil to support depth of fill inches is pale brown fine sandy loam• a load. Septic tank absorption fields function properly, but Permeability is moderate. Available water capacity is community sewage systems should be provided if the high. The effective rooting depth is 00 inches or more. population density increases. Because of the permeability Surface runoff is medium, and the erosion hazard is of the 'substratum, sewage lagoons must be sealed. moderate. Lawns, shrubs, and trees grow well. Capability subclass In irrigated areas this soil is suited to crops commonly IIIe irrigated, IVe nonirrigated; Loamy Plains range site. grown in the area. I'erennial grasses and alfalfa or close " 51—Tassel fine sandy loam, 5 to 20 percent slopes. grown crops shmdd be grown at least 50 percent of the s This is a shallow, well drained soil on upland breaks at time. Contour ditches and corrugations can be used in ir- elevations of 4,850 to 5,200 feet. It formed in residuum rigating close grown crops and pasture. Furrows, contour from sandstone. Included in mapping are small areas of furrows, and cross slope furrows are suitable for row sandstone outcrop and areas of noncalcareous soils. crops. Sprinkler irrigation is also suggested. Keeping til- Typically the surface layer of this Tassel soil is light lage to a minimum and utilizing crop residue help to con- yellowish brown fine sandy loam about 7 inches thick. The trol erosion. Maintaining fertility is important. Crops underlying material is light yellowish brown very fine respond to applications of phosphorus and nitrogen. sandy loam. Sandstone is at a depth of about 11 inches. In nonirrigated areas this soil is suited to winter wheat, Permeability is moderately rapid. Available water barley, and sorghum. Most of the acreage Is planted to capacity is low. The effective rooting depth is 10 to 20 winter wheat. The predicted average yield is 28 bushels inches. Surface runoff is medium, and the erosion hazard per acre. The soil is summer fallowed in alternate years is moderate. to allow moisture accumulation. Generally precipitation is The potential native vegetation is dominated by too low for beneficial use of fertilizer. sideoats grams, little bluestem, blue grama, threadleaf Stubble mulch fanning, etriperopping, and minimum til- sedge, sand reedgrass, and needleandthread. Potential Inge are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. production ranges from 1,750 pounds per acre in favora- ble years to 950 pounds in unfavorable years. As range The potential native vegetation is dominated by blue condition deteriorates, the sideoats grams, little bluebluestem,granta. Several mid grasses, such as western wheatgrass and sand reedgrass decrease; yucca, sedge, and blue and needleandlhread, are also present. Potential produc- tion ranges from t,fiUO pools per acre in favorable years grmna increase; and forage production drops. Management of vegetation should be based on taking to 1,000 pounds in unfavorable .years. As range condition half or less of the total annual production. Deferred graz- deteriorates, the mid grasses decrease; blue grama, buf- ing is practical in improving range condition. Seeding and falograss, snakeweed, yucca, and fringed sage increase; mechanical treatment are impractical. and forage production drops. Undesirable weeds and an- Windbreaks and environmental plantings are generally nuals invade the site as range condition becomes poorer. not suited to this soil. Onsite investigation is needed to Management of vegetation on this soil should be based determine if plantings are feasible. on taking half and leaving half of the total annual produc- Production of vegetation on this treeless soil is low, tion. Seeding is desirable if the range is in poor condition. especially during drought, when annual production can be Sideoats grama, little bluestem, western wheatgrass, blue as low as 300 pounds per acre. Rangeland wildlife, such as grama, pubescent wheatgrass, and crested wheatgrass are antelope and scaled quail, can be attracted by managing suitable for seeding. The grass selected should meet the livestock grazing, installing livestock watering facilities, seasonal requirements of livestock. It can be seeded into and reseeding where needed. a clean, firm sorghum stubble, or it can be drilled into a This soil has poor potential for urban development. The firm prepared seedbed. Seeding early In spring has chief limiting feature is the shallow depth to sandstone. proven most successful. Capability subclass VIe irrigated, Vie nonirrigated; Sand- stone Breaks range site. 91_®421. 65—Thedalund loam, 3 to 9 :cent slopes. This is a. g3—Wiley-C y complex, 3 to 5 percent slopes. This moderately deep, well drained sod on plains at elevations gently sloping map unit is on plains at elevations of 4,850 of 4,900 to 5,'250 feet. It formed in residuum from shale. to 5,000 feet. The Wiley soil makes up about 60 percent of Included in mapping are small areas of soils that have the unit, and the Colby soil about 30 percent. About 10 shale and sandstone deeper than 40 inches. Some small percent is Ileldt silty clay and Weld loam. outcrops of shale and sandstone are also included. The Wiley soil is deep and well drained. It formed in Typically the surface layer of this Thedalund soil is calcareous eolian deposits. Typically the surface layer is brown loam about 8 inches thick. The underlying material pale brown silt loam about 11 inches thick. The subsoil is is pale brown and very pale brown loam. Shale is at a pale brown silty clay loam about 23 inches thick. The sub- depth of about 25 inches. stratum to a depth of 60 inches is very pale brown silty Permeability and available water capacity are clay loam. moderate. The effective rooting depth is 20 to 40 inches. Permeability is moderately slow. Available water Surface runoff is medium to rapid, and the erosion hazard capacity is high. The effective rooting depth is 60 inches is moderate. or more. Surface runoff is medium to rapid, and the ero- This soil is suited to limited cropping. Intensive sion hazard is moderate. cropping is hazardous because of erosion. The cropping The Colby soil also is deep and well drained and formed system should be limited to such close grown crops as al- in calcareous eolian deposits. Typically the surface layer falfa, wheat, and barley. The soil is also suited to ir- is pale brown loam about pinches thick. The underlying rigated pasture. A suitable cropping system is 3 to 4 material is very pale brown silt loam to a depth of 60 years of alfalfa followed by 2 years of corn and small inches. grain and alfalfa seeded with a nurse crop. Permeability is moderate. Available water capacity is Closely spaced contour ditches or sprinklers can be high. The effective rooting depth is 60 inches or more. used in irrigating close grown crops. Contour furrows or Surface runoff is medium to rapid, and the erosion hazard sprinklers should be used for new crops. Application of is moderate. commercial fertilizer helps in maintaining good produc- This unit is used for irrigated and nonirrigated Lion. cropland and for rangeland, wildlife habitat, and urban The potential native vegetation is dominated by blue development. grama. Several mid grasses, such as western wheatgrass In irrigated areas these soils are suited to the crops and needleandthread, are also present. Potential produc- commonly grown in the area. Perennial grasses and alfal- tion ranges from I,600 pounds per acre in favorable years fa or close grown crops should be grown at least 50 per- to 1,000 pounds in unfavorable years. As range condition cent of the time. Contour ditches and corrugations can be deteriorates, the mid grasses decrease; blue grama, buf- I used in irrigating close grown crops and pasture. Fu•- falograss, snakeweed, yucca, and fringed sage increase; rows, contour furrows, and cross slope furrows are suita- and forage production drops. Undesirable weeds and an- ble for row crops. Sprinkler irrigation is also desirable. nuals invade the site as range condition becomes poorer. Keeping tillage to a minimum and utilizing crop residue Management of vegetation on this soil should be based help to control erosion. Maintaining fertility is important. on taking half and leaving half of the total annual produc- Crops respond to applications of phosphorus and nitrogen. tion. Seeding is desirable if the range is in poor condition. In nonirrigated areas these soils are suited to winter Sideoats grama, little bluestem, western wheatgrass, blue wheat, barley, and sorghum. Most of the acreage is grama, pubescent wheatgrass, and crested wheatgrass are planted to winter wheat. The predicted average yield is suitable for seeding. The grass selected should meet the 28 bushels per acre. The soil is summer fallowed in al- seasonal requirements of livestock. It can be seeded into ternate years to allow moisture accumulation. Generally a clean, firm sorghum stubble, or it can be drilled into a precipitation is too low for beneficial use of fertilizer. firm prepared seedbed. Seeding early in spring has Stubble mulch farming, striperopping, and minimum til- proven most successful. ' lage are needed to control soil blowing and water erosion. Windbreaks and environmental plantings are generally Terracing also may be needed to control water erosion. not suited to this soil. Onsite investigation is needed to The potential native vegetation is dominated by blue determine if plantings are feasible. grama. Several mid grasses, such as western wheatgrass Rangeland wildlife, such as antelope, cottontail, and and needleandthread, are also present. Potential produc- coyote, are best suited to this soil. Because forage produc- Lion ranges from 1,600 pounds per acre in favorable years lion is typically low, grazing management is needed if to 1,000 pounds in unfavorable years. As range condition livestock and wildlife share the range. Livestock watering deteriorates, the mid grasses decrease; blue grama, buf- facilities also are utilized by various wildlife species. The falograss, snakeweed, yucca, and fringed sage increase; cropland areas provide favorable habitat for pheasant and and forage production drops. Undesirable weeds and an- mourning dove. Many nongame,species can be attracted nuals invade the site as range condition becomes poorer. by establishing areas for nesting and escape cover. Management of vegetation on these soils should be The underlying shale is the most limiting feature of based on taking half and leaving half of the total annual . this soil. Neither septic tank absorption fields nor sewage production. Seeding is desirable if the range is in poor lagoons function properly. In places the underlying shale condition. Sideoats grama, little bluestem, western wheat- has high shrink-swell potential. Environmental and beau- grass, blue grama, pubescent wheatgrass, and crested tification plantings of trees and shrubs can be difficult to wheatgrass are suitable for seeding. The grass selected establish. Capability subclass IVe irrigated, VIe nonir should meet the seasonal requirements of livestock. It can rigated; Loamy Plains range site. be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. 9]_0421 Windbreaks and environmental plantings of trees and shrubs commonly grown in the area are generally well suited to these soils. Cultivation to control competing vegetation should be continued for as many years as possible following plantings. Trees that are best suited and have good survival are Rocky Mountain juniper, east- ern redcedar, ponderosa pine, Siberian elm, Russian-olive, and hackberry. The shrubs best suited are skunkbush sumac, lilac, Siberian peashrub, and American plum. Openlend wildlife, such as pheasant, mourning dove, and cottontail, are best suited to these soils. Wildlife habitat development, including tree and shrub plantings and grass plantings to serve as nesting areas, should be successful without irrigation during most years. Under ir- rigation, good wildlife habitat can be established, benefit- ing many kinds of openland wildlife. The Wiley soil has only fair potential for urban and recreational development. Slow permeability, moderate shrink-swell potential, and limited bearing capacity cause problems in dwelling and road construction. The Colby soil has good potential for urban and recreational develop- ments. Road design can be modified to compensate for the limited capacity of this soil to support a load. Capa- bility subclass IIIe irrigated, IVe nonirrigated; Loamy Plains range site. 91®421. tSP106P APPLICATION FOR INDIVIDUAL SEWAGE . DISPOSAL DISPOSAL SYSTEM N(:1. G-91 ()()0c: WELD COUN'T'Y HEALTH DEPARTMENT NEW AP'P'LICATION ENVIRONMENTAL HEALTH SERVICES 1517 16TH AVENUE COURT, GRE"'ELE:Y . CO 80631 353-0635 EXT'.2225 JWNF.R WINDSOR RESERVOIR & CANAL_ ADDRESS 106 ELM AVE rH (303) 4a4-3:3.7.7 EATON CO 60615 3DDRE::S S OF PROPOSED SYSTEM 9227 WCR 74 WINDSOR CO 80550 _E:(,AL DESCRIPTION OF SITE: NW4 SEC 3 TWP 6 RNG 67 MDIVI:SIUN: LOT 0 BLOCK 0 FILING U 1SE" 'T'YP'E: : RESIDENTIAL HOUSE . SERV:ICE::S : PERSONS 3 BATHROOMS 1 .50 LOT SIZE 39.00 ACRE'S BEDROOMS 1 BASEMENT PLUMBING NO WAT'E'R SUPPLY NWCWD )F'PI._ICANT ACKNOWLEDGES THAT THE COMPLETENESS OF THIS APPLICATION IS CONDITIONAL -IPON FURTHER MANDATORY AND ADDITIONAL TESTS AND REPORTS AS MAY BE REQUIRED ItY THE .JE::I_.D COUNTY HEALTH DEPAR'TMEN'T' TO BE MADE AND FURNISHED BY THE APPLICANT OR BY THE:: HELD COUNTY FIf--:'ALTH DEPARTMENT FOR PURPOSES OF THE EVALUATION (:11= THE APPLICATION; )ND THE:: ISSUANCE OF THE PERMIT IS SUBJECT TO SUCH TERMS AND CONDITIONS AS DEEMED 4E:C:ESSAI Y TO INSURE COMPLIANCE WITH RULES AND REGULATIONS ADOPTED TINDER ARTICLE I0, TITLE: 25, CRS 197:3, AS AME=NDED. THE AP'P'LICANT CERTIFIES THAT THE- PROPOSED YYSTEM WI:L_L.. NOT BE LOCATED WITHIN 400 FEET OF A COMMUNITY SEWAGE SYSTEM. THE JNDE::RS:IGNED HEREBY CERTIFIES THAT AL..I_ ST'A'T'EMENT'S MADE:, INFORMATION AND REPORTS UBMITT'ED HEREWITH AND REQUIRED TO BE SUBMITTED BY THE APPLICANT ARE, OR W1:LL.. ICI:::, zEF'FiESE::NTE::D TO BE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE: AND BELIEF, AND )RE DESIGNED TO BE REL..IEI) ON BY THE: WELD COUNTY HEALTH DEPARTMENT IN EVALUATING FHE:: SAME:: FOR PURPOSES" OF ISSUING THE PERMIT APP'L'IED FOR HEREIN. I FURTHER UNDf::R - �.FAND THAT ANY FALSIFICATION OR MISREPRESENTATION MAY RESULT IN THE DENIAL. OF THE 1P'F'LIC.:AT:ION OR REVOCATION OF ANY PERMIT GRANTED BASED UPON SAID APPLICATION AND EN LEGAL ACTION FOR P'ERiURY AS PROVIDED BY LAW. WPL..I:( AT'I ON FEE $150.00 L. ' 3 "' + _ iE::C ' D BY PAM SMITH ___________________02/05/91 DATE_ 0;''./05/91 OWNER/-GENT SIGNATURE DATE • • 910421 A r•.T,•••rAIAI AMr.I TP+AAI'T Y.,9r'.W IIP.Ilh ...-.o... o.6. ..... McRAE & SHORT, INC. CLIENT��/n/Or77 eai ker5 PROJECT NO. / .97A?) Greeley, Colorado _PROJECT ly/>1dSOr`RosP✓wa/r Ore 7'/ctiers 745,,,c/CI;GG Engineering, Surveying MADE BY DATE 2 CHECKED BY DATE SHEET_..LOF_4 10Cielist•o/r: /Pi 1 Cc c/ern 3 T6� 'Z'one/! d��:fit, • 9 z Z 7 We/c/ 6 2 ad 74 I C't . /rtr i ,, c q/0006) I I I , , ��keet/./ro I / , , / / , • 6E,vcs. - />L : it eet/.vro re/ �i �d/diets 1/s' allici G^7o�, ny Ge. recrco lion -fa& /et,. of 7`7cE G�srdeo, �'U�"p/'!/CJ/rGrT" f/'.cf Z�c4a >1 0n, >0 ?G�acy$ �' ceaf�aa-re�a '"/s, kt.7_ :/r nftil -6,r n-u<.7eyunfcc / 7/0 7/6 , et/✓ r v/tni71, -,>;) tfie e,/< ij>irt,r hr/o A .cee.c-io J c 40/44, r f--777I+r i Gcir1gt !tic J2 Jr c)/c/-t c✓ -Frr i J"/co A'sent r'i'?�,v '"r' /I .`9- 22 Vs: , ' /f9/s wl/ 4 a.�c� e;,,, �; 3'/7/.ed�^ tfl- e1,�7Zea/ a.s reed cep-c� � I a Cent.w4Cr'G,//<.I a",C'rcirG�.. 7/is '-,,..5 /,, tfi/�,/ oats//c i /4 i r>-(4t. 4 j! 4a' l cf{tcdei r tly a1td aCo1sec /rt<<ir-� 3 GV//440 ear /04,e eeir en/ 71�c "So t/ �Crawrr,[�u.0fe_✓' a�c� iLi/aVee /s, 17 re reseico/% /� i I • I .42 /./o4 by Q'c co/s'cr r��c � oo 54--V-4;e:5-40.' %S /✓r-�9 pcc-Cc/ 74 I'1'l" V c-•' - 1, ea cr.Cj free-:trGlzr'1/1kr'>�_.>4 /!rc �/ es e,.., e/o/r f` Gt.s^7 f. trey, - 71, 5�/I'"!a lio7;� ih' S7 +x. ,.e,////± 1.€ ! asec !! G r-are7 /'e r Acoces4 ifJd`/ `c- dine. lCIor4/,iAesjytrix, I 1 -I-Ef 77G �� s/ ' I /f7il/,�' t c�iif/; I� i � � � i I 1 r�r✓r ie,/is I A': Z/oc�le X 74/4 e/e/ty t .°rr j c /`arc:4 �� -Pe i '' 1 et 1 /oar dr,,Cb e �s,0 /o� � I _ I I �' /5- ---'cseyi/ rt4 ref , I I I I i ,r Gic� I I I i I �crr 7 re- iG,rT/07r s? L 4-%rlIrycl. I I I ' 1 il' /Z- /G,r < c� es/e, n Flaw/ : ; I ; -/y T I / I ; = Z8S�4�/ell else cJ/r':4 a aw y /000 qtt/�0 t r; �f�7'/G ,74-4e4L 1 /7,/n ni c ce t.-, / / I / ,/ ' 1 I ' • S/rE Cey I ; 1/V,D/, et> : (ne So./ XI- 7/7e j slre /S class/{/er/ crs ! eh> .. 4A"r /ra 5�! /mss y ea Gel PS /s rake/ / Dac '1 , T�F der/ / / 4 7Ac /<7/ Seracir de,,e /Le: /,�r[lJ71dSC1C/1 G!S!/ D1�1- Act YP5�rGG/J 400 Irsilti 7/5 roe re a7— an0. /Gv4 's!-teve:e{'I are(/o 2/e/r fy 4r,e; 7./'6reIf" a/.P7{9,-! 7A /lc: ere. ore- adn , ee.oto Ire, rtSArr-a4in, • 0yseleia ' Guth :Se4G led. . 9,.0421 McRAE & SHORT, INC. CLIENT �il/Ka/I /Yfe/Iit•S•PROJECT NO. / /O v >K Greeley, Colorado _PROJECT�/e/••H(lso e Pas e✓ irir CtreYn seer's ��_j?"seclet;KC Engineering, Surveying MADE BY_/J,e.LDATE2/4e CHECKED BY DATE SHEET G• OF_4 2---f/A/--oT.PA.Aisp,,e.47-/D/l/ oSS/STEitit )Ss-lei; AT/if uea / arc/n %v// etio-/e 3 a5'/tickrs � �i /?/!7/ / et"' 2 Ya- /lei /C)a,;IC , ' -_: gU incites/egt.de •�(0./7 //its i I ; i I i_ . i _ye/etreYGY"� , (/ illi ! 1 ; i A/ef' Le/&/0o2+l rots I I �_._. ' ill ' Mil i I r ( ' /e° 'ie i 5' _ /350 7.712q'247' e s-67/ - /34? ty fib, ; I .901)( 45./ - /550e; f 1 I 11 S ' ,, .97' _ /'332 ' ' I I I , L//tcr �; 4y ,Cle e/ 0- a7a �airetail Gdser !jfC� mr ez ! /O `1f///065�e �eertita*aac.G ///ter tu5 f- he 1,0 6ce d artcler 7lu'. le-:‘, a,cd cl ro- IL4E' 7/v -ethos 0. 17,_t� i,e_ 6( -/a /o revert i i.. 4 701,..4.e; /N10 ;'di e I 2t'a�ac/ ,04tdre/, i I I J , I , i� r ' 1 / i �•' es NOrr5. �se nr Gd/saLTreec its, 1:47 ntStc/�a-tre,7+ vp al( fa,frith aAg.t 1(at ce5 biro A( fea2,U//cr�stS�D/rt2,/Oyi ieoG tot .OG /H / ee, 1t-f0 f n�rcitcCG N//j/A --/taltolKa./Idlder 2�iie 2)/5/Oera/5ydril F!�/reiII/Itekt�l ,� /7 ja re/t ei, I ; . 7A.e_ s/fl/etc.& 04-'11,.c , 4 I � 1[ �/ f !� e (1 /JaS hf/H<Ix 9r/ GO`ce// �tt., er r /et 1 C Q-st/inzits :Ito-in LCS//tI rite ,eta- ea a .60C.P 2.1c,,i�al. j_ _l I I j i i i t I ' ! i I _ 91_0421. • ._. Ali y9 Ft.e,‘ 0.6° -- — ,4E --• .eP 'O 1° - _ _______ - • .....� - V / ,• V, A 13pie Grovn/v lr' (� ((''�� AOD,U• ' mALNPIE SHED ti./�._ _ cure,.Err O 5a EEL v (milt.'.1 fur. . 4Vc. `_V / Q $ O t P�q p %�pTa� / cep frs Ta..k :vun" v 1 /______________J— - � — -- - 1�� y� — -4-.. 1,011 I hali.,, ;Lye ;I.3 f Itoe t- 7 I V �Et�vac' 1 Ivnco rr,n,c• C - I - ' TIRO TIMI -. � , a. DE, , . 1 n /333 :g / „.--.4. �UW } i. r? / i �IAE .i - _ , i, [(rFF/ �-- 11 !.. - 1 1 " r" �'3 d ; f-r. LA-4 ,.• 1 ,•,,, ,i. _ 'i- 1 ,,,,m,-,, � , " -. y/1''� rt �.. i.-• / p� pv �a l Sti �p uea•,11„ 'a '' \O . �� .'185• i.•' re• vex —' nicnlc '-','1,..,-, , -,,..',-4- NO' 9 .042 / 6!, ge/4 //il�cuf .5-K6>7i 9/OiU il• , f 1�\ � j . ) �� ' \n �� I 1.1)---(; :i.\;'\.. 6 li . .�� ) I �• Loop Lake \ \ » I\ /( ; i / lA al d ; 1 a l� ,. ( �99SS� ' tf�i ^�!<4999 IC�I 'It i : 6W \ /' 1� 11 : I \� I \ IIII ♦*4 iy__ �— .\i, 1 1 ) N , •,95O II p,\ I \ \ \ I) / •\ f ii i. \ '\\\4•3‘ p' I (i� 1 1 1/4, �� ►. 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(� <)^ v I, Mc/2a e ,,*SAar 7L g/OYC.) 41/4 ADDENDUM #1 RULES AND REGULATIONS FOR WINDSOR SHORES CHECK-IN/CHECK-OUT Checking in is required by license or spouse upon arrival . The registration sheet is located in the Windsor Shores office. If the office is cloned the location of the registration sheet will be indicated by signs. For those camping in the north camping area the current lock combination number will be on the sign in sheet . You will need that number for the gates that are locked . It should be noted that this combination will be changed very frequently. All guests must be registered in accordance with the guest policies that follow. GUEST POLICY 1 . Licensee assumes all responsibility and liability and does agree to hold Windsor Shores and it ' s principals, employees and the property owners totally harmless from any and all guests when signing them in to the reservoir. 2 . Eight ( 8 ) guest passes are issued to each licensee annually. The passes will be kept in the office where the guest names will be recorded until the passes have been used. Upon the recording of the guest a window placard will be dated and issued for placement in the windshield of a guest ' s vehicle. 3 . Guest campers are permitted but it should be noted: ANY AND ALL GUEST CAMPERS SHARING OR USING A PERMIT HOLDER ' S CAMP- ING SPACE WITH THE. SAME FREQUENCY AS THE NAMED PERMIT HOLDER WILL REQUIRE. THEIR OWN CAMPING PERMIT. THIS INCLUDES THOSE SIGNED IN AS OBSERVERS. Also, please note that no guest boat is permitted regardless of circumstances . 4 . Weekday quests : One guest or guest family is permitted with- out a pass during weekdays, Monday thru Friday excluding any holidays. Additional families will require the use of quest passes . The exception for the added families is when there is an approved pre-scheduled group activity. 5 . Weekend quests : One guest permit will allow ( 1 ) one guest family to be signed in for the weekend. This pass is good for one family for on full weekend, not on family on Saturday and another on Sunday. 6 . Holiday quests : Only one guest per licensee will be permitted and will require the use of a guest pass . 7. Observers: Licensee couples without observer age children are allowed to bring an adult and that adult ' s immediate family. Please check that person in as an OBSERVER not as a guest. Teenage children are observer age. 8 . Exceptions: Friend• of young family members and Senior Citizens over the age of 65 are permitted without a guest pass when in the same vehicle as Licensee. (UNLESS PRIVILEGE IS ABUSED) 9 . Additional quest charges : Upon the use of all eight guest passes a charge of $25. 00 for one family per weekend, weekday or holiday will be assessed. (NO EXCEPTIONS) LAND RULES AND REGULATIONS 1 . Speed Limit : The speed limit is 10 MPH without exception any- where on Windsor Shores property. This will be very strictly enforced. Repeated violation will result in the vehicle and driver being barmen,' from the property. Page 1 of 5 910421 LAND RULES AND REGULATIONS ( continued ) 2 . Parking: Parking is permitted in designated areas only and all guest vehicles must be on the responsible licensee ' s spare . 3 . Trailers : Parking in permitted in designated trailer parking areas only . For safety reasons , riding on trailers to and from the parking Area is prohibited . 4 . Prohibited vehicles : Motorcycles , scooters , snowmobiles , ATV ' s etc . ate hid permitted on Windsor Shores property . 5 . campfires : Fifes ire only permitted in pits with supervision. 6 . Noise and distutha_nces : Consideration of other campers must be extended at. all times . Noise levels must be kept to a minimum especially in the late evening hours and after 10 pm no noise of dry land that can be heard beyond the campsite . 7 . Oogs__& pets : All nets must be leashed or under positive con- trol at ;All timed And any dog that barks will be banned from Windsor Shores pititert.y . 8 . Firearms : NO FII+P' PMS ARE PERMITTED AT WINDSOR SHORES ! 9 . Peal Parkingt All hoots at the lake must be parked in the area designated for boat parking only; NO EXCEPTIONS. WATER RULES a REGULA T I i COLORADO [MATING iAiHr AND REGULATIONS applying to the use of water craft: and fled ! ! ion devices , as permitted at Windsor Sh- ores , are required to he followed. This includes current CL numbers and license . Please note that fishing licenses issued by the State of coleitdo are required . GENERAL, RULES 1 . Fishing : No fishint is allowed in areas with heavy skier traffic . 2 . Floatation de ii - : The use of leisure devices such as rafts , inner tuhen , t „ii, tees etc . is restricted on weekends and on holidays until 11 le dm. If the lake conditions are rough due to windy weAtt.,., this rule does not apply. The use of these devi , a muH1 I ,,r away from skier drop zones or •heavy skier traffic areas . - use of Personal Floatation Devices are a requirement n r to- h:or Shores . 3 . Sailing Veset , ' ! I power craft must yield the right of way to dll sailint ins non-powered craft . Sailing vessels should extend course- v of try to avoid heavy traffic and skier areas . 4 . hotting tine s : De , ' lug above wake speed at Windsor is limited to the hours between sunrise and sunset . After these times aft boating it: tts tricted to below wake speed . 5 . Swimming: Swimming) is permitted from shore to the ".NO WAKE" buoys . Care nnc. l he taken to remain visible to incoming nkicr traffift . , , ,. r . Use of Personal Floatation Devices is recommended . G . Area closure : the uea in the northwest part of the north portion of Wind, et Penervoir is closed to all for any purpose. Please observe lln marked area on your map. No exceptions Cate lea [WI mlt BOATING & SKIING Eta ts: 1 . Lc:manlling_ _Ina lint Luats : Clear the ramps and approaches as soon as ponsibli . If assistance is needed seek help from a Windsor Shore, lief parson . All clean up, tarp removal or replacement , lie etc . must be done away from the ramp, the ramp appreaeh area or traffic areas . 2 . No wake zones : No hu,Ir may create a wake within the red buoy line or within 'gib yards of any shoreline buoyed or not or within 75 yards el the dam structure on the south side of the lake . THIS I ' EATREMELY IMPORTANT! ! Page 2 of `i 910421 BOATING & SKIING RUL_ S CONTINUED 3 . Speed Limit: A 40 MPH speed limit is enforced on the lake outside the buoyed areas . Officials form the State of Colorado will be encouraged to assist in this enforcement. 4 . Alcohol : Boating under the influence will subject to the Colorado Boating Statues and Regulations 33-13-108 . 1 and 33-13-108 . 3 and again law enforcement officials will be encouraged to assist in the enforcement . Revocation of the lake permit will result . 5 . Boating Patterns : All watercraft traffic is counter-clockwise ( left turns only ) including skier pick-up. Skier pick-up turns should be large enough for driver to maintain view of skier at all times . Watercraft traffic across the cen- ter of the lake is prohibited . All traffic which is oppos- ite of the counter-clockwise flow or leaving either the north or south lakes to enter the other shall be at NO WAKE speed and out of heavy traffic. Please note the north half and the south half of the lake have separate patterns . Please see the lake map in these rules . G . Incoming Traffic : Before starting to tow a skier care should taken to yield to all incoming boats and skiers . Extra care and allowance is suggested in case of a novice skier . 7 . Red Flag : A red flag must be displayed in a manner that is clearly visible in every direction. Display is manditory anytime a skier , ski equipment , tow rope, floatation device or any other items are in the water. 8 . Starting a Skier : To start a skier begin at a 45 degree an- gle to the shoreline and continue in a counter clockwise dir- ection . Please note the areas designated for use with skiers that are beginners . 9 . Skier towing : When a skier is be towed the DRIVER should be looking forward observing traffic and the OBSERVER should be watching the skier . Signals and communication should be dis- cussed by skier, observer and driver before starting . 10 Dropping skier : Drive a course parallel to the buoy line, when skier has dropped , turn boat towards lake center and continue a minimum of 100 yards and retrieve ropes at that location . 11 Fallen Skier : Skiers that have fallen should signal as soon possible to indicate lack of injury. This is an excellent safety practice and extends courtesy to the boat operator. SLALOM COURSES North Course : Limited to tournament boats only at all times . South Course : Open to all boats capable of passage thru the course safely without damage . ' The following rules apply to both courses : 1 . Operation: All boats must be under complete control at all times . New boat operators should become familiar with the course by running the course the first few times without a skier and at a much reduced rate of speed. 2 . Course Entry : Enter the north end of the course and enter the south end only for a return run . CAUTION: before entering the north end you should make sure no boat is in the course and about to make a return pass and likewise before making a return run make sure a boat has not entered in back of you. 3 . Turn: All turns are counter clockwise ( left ) in direction . 4 . Buoy and Course Damage : Buoys cut or damaged by a boat are the responsibility of the permitholder owning the boat and Page 3 of 5 910421 SLALOM COURSE RULES CONTINUED are to be replaced at their expense. If a permit holder not wish to assume this responsibility their boat should be kept out of the courses . There is a charge of $19 . 20 for each buoy and $6 . 80 labor replacement charge. The labor charge will be waived if the boat operator does re- port the damage immediately. Failure to report the damage will result in the loss of use of the courses for the re- mainder of the season for that boat and operator. 5 . Boat course: After beginning at the north starting gate (orange buoys) continue between the yellow buoys and finish at the ending gate (orange buoys ) then make a counter clock- wise turn and proceed with your return run if desired. No boat may cross the course side to side or lengthwise between the yellow and orange buoys . Please review the course lay- out map and if you have questions please ask. 6 . Fallen skier: When a skier falls and is not injured, the boat must be brought to a stop and the rope retrieved before returning to the skier. Dragging the rope in a turn will result in damage to the buoys and the course structure. The resulting damage costs will be charged to the permit holder owning the boat . 7 . Closed sign: When the closed sign is displayed use of the course is prohibited. This sign is displayed when repairs are needed or in the event of low water. This is done to prevent added course damage or damage to boats . CAMP SPACE RULES 1 . Campers: Only units licensed as recreational camper units/ vehicles or tents are permitted for use on the spaces . 2 . Camper waste: Absolutely no camper waste may be dumped in the rest room facilities provided at Windsor Shores . Waste dumping on any road will result in immediate permit revoca- tion. An attempt is being made to provide a dump station by the office. If installed it will require a user fee. 3 . All spaces :Must be kept weed free and grass maintained no taller than 4 inches . 4 . Trash: All spaces must be maintained trash free at all times . 5. Picnic tables : Only 3 styles of picnic tables will be permit- ted and these are described by diagram in the office. They are available for purchase thru Windsor Shores or several other suppliers . 6 . Firepit: If a firepit is desired only the style described by diagram in the office is acceptable. 7 . Space neatness: Everything except for one picnic table and one firepit has to be cleared and removed from the space be- fore leaving. No other storage, for example under the camper or under plastic tarps etc. will be permitted . If added space is needed only one style of building is allowed. This type has been approved by the Government agencies involved with the Windsor Shores facility. The units are available for purchase or you can get a free set of plans from the staff. 8 . Docks : Only two types of docks have been approved by govern- ment agencies and the owner for use at Windsor Shores . Be sure to discuss this with the staff before and structure is purchased or put in place. 9. Landscaping: Any plantings must be compatible with and also limited to the master landscaping plan as approved by the Page 4 of 5 910421. CAMP RULES CONTINU^D owner and s government agencies invo ed. The plan calls for the use of trees and plantings native to the area and requiring little irrigation water. For added information feel free to discuss your plans with a staff person. 10. Camper patios : Patios may be of concrete no thicker than 4 inches , concrete pavers or blocks. Those wanting a carpet type patio can use outdoor carpet if framed on a 4 inch high platform. NO carpet may be laid directly on the ground. If you have any questions please ask a staff person. 11 . Pesticides & chemicals : Before any weed or pest chemicals are used on the site please verify with management that the prod- uct involved is approved for use in the vicinity of a lake or reservoir. 12 .Gas containers : It has been agreed between Windsor Shores and the reservoir owners that no fueling of boats by 5 gallon type containers will be permitted on the property. The resulting risk of spillage and contamination is to great to be permitted. PLEASE NOTE THAT WITHOUT EXCEPTION THE WINDSOR SHORES STAFF AND/OR MANAGEMENT CAN NOT PERMIT THE ABOVE RULES TO BE BROKED. YOUR HELP AND COOPERATION IN COMPLIANCE BY YOUR SELF AND OTHERS WILL BE VERY GREATLY APPRECIATED. IT IS OUR SINCERE DESIRE FOR EACH AND EVERY- ONE OF YOU TO ENJOY THE FACILITY TO THE FULLEST EXTENT POSSIBLE ! ! Page 5 of 5 910421. 1 • I�i'''",•', 1 ,, � �d ,� I{ fi • lv i, • - E f I, It iy+� -'rl 1 II , if v 1.1 • -. I a 1 i f t s S • ` • A!f. 41'1 1 .l'B 1 1 1 I R tilt� 1 ; � I r W . I�C.. ��fa�,. 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'''',,,4„ ;Y Y ; ''''''"11, L • k . t ~ k i y r'a+ .*t Gityi •: 41/4,4, � t �' fYxad q -;;;;ti,-;:s:"'A . y T �'" rt+" ' �« t 'Y � � ' `�e des ,Seib:, Ii ,- p �i iltlf'rtJl°Yt` Y'fi'`� i Y ! A l Y r� ��, c-3 �iYWVGw n .s tF 4.41 .^ -..1 t 44,¢s,s",n7, .r yy a :!`k 7':, '� � 1��'.M' .Y L.''M{,•`l�,l�v nom•t �.�. .11'..:-- xi ; i `4{,�, 4 . ti + ,. " � * T Y 1 Y E :tY 1.7.; •& P S- ' x. P t 1 1 v v�. • E a ,v Gaa .�� ,R . c: . " �`L%5 ' .s 1 ','CrJ i1, 0 l," `k a xA t, ., t 91°421 RESERVOIR LEASE This lease is entered into this day of , 19 , by and between WINDSOR RESERVOIR & CANAL COMPANY ( "Lessor" ) and WATER SPORTS WEST, INC. ( "Lessee" ) . RECITALS: 1 . Lessor is a mutual ditch company organized pursuant to the laws of the State of Colorado and is engaged in the business of the ownership and operation of ditches and reservoirs and associated water rights primarily for the purpose of providing agricultural irrigation to its shareholders in Larimer and Weld Counties, Colorado. 2 . Lessor is the owner of Windsor Reservoir, a/k/a Big Windsor, ( "the Reservoir" ) , which is generally located as follows: E}, S28 and f it/Lv d SF 3 E} , S33 and £ A. C G Ai.:d � w C Wi, S27 W} , S34 and 76/ti rct. 7� T7N, R67W Weld County, Colorado (Exact legal and map or plat to be attached. ) together with the designated areas of real property surrounding the Reservoir. The Reservoir covers approximately 950 acres . The area portion of the property subject to this lease shall be designated on the map or plat to be attached hereto, it being the understanding of the parties that the entire area surrounding the Reservoir is not included in the lease. 3 . Lessee is a corporation organized pursuant to the laws =? of the State of Colorado and is primarily engaged in providing .0'4 recreational services and amenities to its permit holders . gE4 . The parties desire to enter into a lease whereby Lessee will lease the Reservoir from Lessor. NOW, THEREFORE, in exchange for valuable consideration, the adequacy of which is hereby acknowledged by both parties, the iZi parties mutually agree as follows: MVO 1 . Incorporation. The recitals set forth above are �" incorporated herein by this reference and made a part of this Y*. 1/2 Agreement. Ira aa 2 . Leased Property & Access . The Lessor hereby leases to Lessee the surface rights of and to the Reservoir for recreational kJ purposes consistent with the terms hereof and the rules and regulations of Lessee. The property subject to this lease shall be designated on the map or plat to be attached hereto, it being the understanding of the parties that the entire area surrounding 910421 the Reservoir is not being leased. In addition to the surface recreational rights on the Reservoir itself, the leased area shall generally include a main beach area generally on the southeast portion of the Reservoir in Section 34 and an area on the northeast portion of the Reservoir between the inlet canal and the Reservoir in Sections 27 and 28 . Lessee shall have access to the leased areas from Weld County Road 74 . Lessee and its permit holders will not be entitled to use the Lessor's maintenance roads for access . 3 . Term. The term of this lease will commence at 12 :00 noon on April 1, 1991 and will terminate at 12:00 noon on April 1, 1998, a lease term of seven (7 ) years . 4 . Rent. The Lessee agrees to pay to the landlord annual rent as follows: (a) Basic Rent: Year One Year Two Years Three-Seven plus adjustments As of year two and for a sequent years of this initial lease term, $ shall be the minimum annual base rent. (b) Payment Dates: For the first yea se, one-third ( 1/3) of the lease amount shall be payable upon execution of this ease, i the balance due and payable April 1, 1991 . For the second and all subsequent years of the lease term, the annual rent shall be payable in advance in full on April 1 of each respective year. (c) Adjustments: In years thr - ive of the lease term, the base rent of will be subject to an annual cost of living adjustment, beginning with the third year, equal to the increase or decrease in the cost of living index as published by the U.S . Department of Labor with January, 1991 as the base year, subject to the minimum annual base rent. (d) Any pro rata adjustments provided for or implied herein shall be on a per diem basis ( 1/365 x current rent) . 9 _®421 -2- 5 . Lessor' s Obligations and Limitations . (a) Lessor reserves the right in all respects, at its sole discretion, to operate and maintain the Reservoir consistent with Lessor's purpose and historic operation. Lessor does not and cannot guarantee any minimum or maximum water level, water quality or flow of water in the Reservoir. Lessor reserves the right to control the water impounded in the Reservoir and to fill and drain it as Lessor sees fit, subject to (d) below. (b) Lessor retains sole and exclusive control, including but not limited to, of all irrigation and related structures associated with the Reservoir, including the inlet and inlet structures, outlet and outlet structures and all dams or dykes associated with the Reservoir. (c) It is understood and agreed that all oil, gas, mineral and all other rights are being reserved by Lessor. This Agreement shall not include nor interfere with said reservation nor with any existing or future leases of such rights or operations related thereto, including any oil or gas wells . (d) It is understood and agreed that in the event Lessor deems it necessary to drain the Reservoir for any reason to such a level that Lessee is unable to reasonably exercise its rights and privileges hereunder, this Agreement may be tolled at Lessee's option for that period of time until the water level is restored to a reasonable level to allow Lessee to exercise its rights and privileges hereunder. It is understood and agreed that this provision does not apply to the normal changes in water level of the Reservoir consistent with Lessor's normal and historic operations of its company but is intended to apply in situations of either extreme drought or unusual circumstances such as requirements for major repairs to the dam and outlet and other such exigent circumstances . In the event the lease is tolled pursuant to this provision, rent shall be adjusted on a pro rata basis, but the lease shall remain in effect. 6 . Ingress & Egress . Lessee shall have the right to a non- exclusive easement for purposes of ingress and egress into the general area of the Reservoir points designated by Lessor and agreed to between the parties . Neither Lessee nor its permit holders shall have rights of ingress or egress to Lessor's property other than at such designated points . Points of ingress and egress and designated roads for Lessee's use shall be designated on the plans that will be attached hereto and incorporated herein by this reference. 91®421 -3- 7 . Lessee's Obligations . Lessee will, at its expense: (a) Plan approval. Lessee will promptly apply for, pursue and secure all necessary approvals for its proposed plan and intended use of the Reservoir from all appropriate agencies or authorities, including planning and zoning board or county commissioner approval. Final approval by weld County or other governmental authorities with jurisdiction will be a condition precedent to this Lease. If Lessee is unable to secure all necessary permits and approvals by May 15, 1991, it will have the option to terminate this Lease, in which event the initial payment provided for in Section 4 (b) will be refunded by Lessor to Lessee less $2,500 which may be retained by Lessor to cover its legal and administrative expenses incurred in connection with this matter. (b) Survey. Complete any required surveys of the property and have the property properly staked and marked as to points of ingress and egress and the general beach area which will be used by its permit holders. (c) Plans . Provide Lessor with detailed plans, drawings and specifications showing its intended uses, areas of proposed use, post points of ingress and egress and all proposed improvements before any of the same are constructed or installed. All such improvements shall be subject to prior written approval of Lessor. Copies of all of said plans, drawings and related documents shall be attached hereto when completed and shall be deemed a part hereof. (d) Maintenance. Maintain at all times in a good state of repair and condition all of Lessee's improvements on the property and generally keep the property in good and clean condition. Lessee' s maintenance obligations shall also include weed control in its designated areas of use, which shall be coordinated with Lessor. 8 . Gasoline Storage. Lessee may install a gasoline fuel tank, up to a maximum size of 2, 000 gallons, for the use of its permit holders at a location subject to Lessor's prior approval . This will be an above-ground tank and will be properly constructed according to all applicable regulations, including spill containment and impound areas . Said tank will not be on or near the water. This will be the sole source of fuel for the boats of Lessee' s permit holders . No individual gasoline storage of any type whatsoever shall be permitted on Lessor's property, such as gasoline cans in vehicles , boats, etc . 9 . Clubhouse. Lessee may construct a shelter or clubhouse . 910421 -4- 10 . Food & Drink Sales . Sales of food and drink by Lessee to its permit holders is permissible provided all health department, licensing and related requirements are met. 11 . Utilities . Lessor shall not be responsible for installing any utilities to the Reservoir for Lessee's use. All utilities, including main sources, taps and the like may be installed at Lessee's expense and with Lessor's prior approval as to location and design. Lessee understands that neither power (gas or electric) , treated water nor sewer services are available at the time of the execution of this lease. Lessee will provide Sewer and Sanitation facilities for its permit holders through either portable units, underground vaults or other means . All utilities and sewer facilities will be installed subject to and will meet all applicable health department and other regulations . Lessee will be responsible for the maintenance and operation of all such facilities . 12 . Buoys/Reservoir Use. Lessee agrees to install and maintain buoys or other similar devices near all areas of concentrated activities (such as beaches, docks, camping areas and designated swimming areas) , all inlets, outlets, and dams and any other areas of the Reservoir which Lessor may designate from time to time. All such areas will be appropriately marked for "no wake" speed or "no boating, " as the case may be. 13 . Lessee's Improvements. (a) It is understood and agreed that Lessee plans to make certain improvements to Lessor's property in connection with the exercise of its rights pursuant to this Agreement. All of these improvements and maintenance thereof shall be at Lessee's sole expense. Lessee will have the right to begin construction of its planned improvements on the subject property prior to final approval of the proposed plan by weld County; provided, however, that Lessee does so at its risk. If the lease is terminated due to denial of the application, Lessee shall promptly remove its property and restore Lessor's property to its condition at the inception of this lease. Any improvements not removed shall be deemed abandoned by Lessee shall become the property of Lessor. In addition, Lessor shall not be obligated to refund the initial payment to Lessee until Lessor's property has been restored as contemplated by this section. (b) The improvements, currently contemplated are: Access - Lessee will improve existing roads at approved access points (grading and gravel) . -5- 91_®421£ - Beach - Beach areas will be constructed, including sand beach areas . - Boat Ramps & Boat Docks - General Picnic Areas with Tables, Barbecue pits, or shades and shelters, etc . - Sanitation Facilities - Trash Containers - Lessee will construct a fence according to Lessor's specifications around the inlet to the Reservoir and will post that area with appropriate "Keep Out" or similar signs. (c) All such improvements must be authorized in advance, in writing, by Lessor. All such improvements must also meet all applicable building code, planning and all other applicable regulatory requirements . All improvements are to be constructed in a consistent way in terms of general design, materials, color scheme and appearance. Generally, earth tones are to be used with no structures over 25' in height, and the overall design scheme of the improvements will be aesthetically pleasing given the nature of Lessee's use and the general property surroundings . (d) At the expiration of this lease or any extensions hereof, Lessee shall have the right to remove all of its improvements . The removal of any such improvements by Lessee shall also include restoration and renovation, as necessary, of Lessor's property. Any improvements not so removed shall become the property of the Lessor upon the termination of this Agreement. (e) It is understood and agreed that all such improvements are to remain the personal property of Lessee during the term of this Lease and will not become the property of or owned by Lessor. Lessee shall be responsible for all taxes , insurance, maintenance and all other expenses and liabilities in connection with any such improvements it places , constructs or installs on Lessor's property pursuant to this Agreement . In the event any such improvements are taxed to Lessor as real property improvements, Lessee agrees to pay all taxes or other assessments thereon or to reimburse Lessor for same. 14 . Rules and Regulations . (a) Lessee shall produce and publish rules and regulations which will be applicable to its operation of -6 910421 the Reservoir pursuant to this lease and which shall be applicable to all of its permit holders and their guests. A copy of Lessee's rules and regulations will be provided to Lessor and will be subject to Lessor's final written approval. When approved, Lessee's rules and regulations will be attached hereto and become a part hereof. On major holidays and summer weekends (Memorial Day through Labor Day) Lessee shall have a full-time employee on the leased premises for purposes of supervision of its permit holders ' use of the Reservoir and enforcement of its rules and regulations . (b) Enforcement - Lessee will be solely responsible for enforcement of its rules and regulations . (c) Cleaning - Lessee shall be responsible for all general site clean up, maintenance and trash removal. This will be done at the end of each weekend during the normal season and otherwise on an as needed basis or as requested by Lessor. 15 . Permitted Uses . (a) The general uses contemplated by Lessee and permitted by Lessor will include the following: Boating, canoeing and trolling The maximum size boats will be 23 ' (bow to transim as measured in the water) and all boats shall be subject to Lessee's rules and regulations . Pontoon boats are acceptable if they meet these limitations. - Water Skiing Including a slalom course in a designated area to be approved by Lessor - Swimming & general normal beach activities - Picnics - Fishing - Ice Fishing - Wind Surfing - Camping (b) Excluded uses - All uses not permitted hereunder shall be deemed to be not permitted and excluded. The following activities or uses are specifically excluded: - Snowmobiling - Jet Skis - Water Ski Jumps/Ramps - Hunting - Trapping 91_0421. -7- In addition, Lessor reserves the right to exclude any other specific uses not included. Lessee agrees that no uses which violate any applicable laws or regulations will be permitted. Lessee further agrees that no loud, obnoxious or offensive uses, or any uses that could constitute a nuisance to adjoining property owners or cause damage to Lessor's property will be permitted. 16 . Permit holders . (a) It is agreed that only authorized permit holders of Lessee shall be entitled to exercise their rights to the use of the Reservoir pursuant to this lease. (b) Lessee agrees to permit the shareholders, directors, officers and legal counsel of Lessor to have Reservoir privileges as if they were permit holders, provided that all such individuals shall comply with Lessee's rules and regulations. (c) It is understood and agreed that only permit holders of Lessee in good standing and those individuals designated in (b) above shall be entitled to membership privileges . The Reservoir shall not be open to the general public . (d) Lessor agrees that the lease of the surface recreational rights of the Reservoir to Lessee shall be exclusive and that no other similar lease of the Reservoir will be entered into with any other parties . 17 . Insurance/Indemnification. r. (a) Lessee agrees to obtain and maintain in force during the term hereof property and general public liability insurance from an financially sound insurance carrier, which shall be subject to Lessor's prior approval, to insure damage or injuries to property or persons . Lessor shall be named as a co-insured on such policy. A copy of such policy shall be furnished to Lessor upon the commencement of this lease, and annually thereafter. Said policy may not be terminated nor coverages modified without 30-days prior written notice to Lessor. Coverage amounts shall be not less than $100, 000 for property damage, $1,000, 000 per person and $1,000,000 per incident. The policy and coverages shall also be subject to approval by the Lessor. (b) Lessee further agrees to fully indemnify and hold Lessor harmless from all claims and liabilities which might arise as a result of Lessee's use of the Reservoir pursuant to this Agreement. This indemnification shall also include all of Lessor's costs and reasonable attorney's fees incurred in connection with any such -8- 91_0421 claims or liabilities . This indemnification shall also extend to any claims or liabilities resulting from the actions or inactions of Lessee's officers, directors, shareholders, permit holders or guests . 18 . Termination. Upon expiration of the term of this Agreement, Lessee agrees to surrender possession of the leased premises to the Lessor without further demand or notice, provided that Lessee shall be allowed to remove its improvements as provided herein. 19 . Option. Lessor hereby grants to Lessee an option to extend this Agreement for an additional five-year term. Lessee may exercise this option by giving Lessor written notice of intent by December 31, 1997 . If Lessee exercise its option, the minimum base rent for the first option year shall be the greater of the rent for the immediate prior year or $40, 000. Said amount shall be the minimum base rent for each year during the option term. This base rent amount shall then be subject to the same annual adjustment as provided for during the first seven-year term. 20. Breach. (a) Lessor's Breach - Upon breach by Lessor, Lessee shall have the right to terminate this lease and receive a pro rata refund for the current year's rent. Given the uncertainty and difficulty in ascertaining actual damages which might result form Lessor's breach, Lessee will also be entitled to liquidated damages in the amount of $5,000 . Lessee's right to terminate this Agreement and recover the stated liquidated damages shall be its sole and exclusive remedies . (b) Lessee's Breach - In the event of breach by Lessee of any of the terms or provisions hereof, Lessor shall have the right, at its option, to terminate this Agreement and to retain all rents paid. Lessor shall also be entitled to recover all of its costs and damages resulting from Lessee's breach, including, but not limited to, costs of removal of Lessee's property, clean up and restoration and all other costs and damages . Due to the difficulty in ascertaining actual damages which might result form Lessee's breach, Lessor will also be entitled to additional liquidated damages in the amount of $10,000. Lessor's right to terminate this Agreement and recover the stated liquidated damages shall be its sole and exclusive remedies . (c ) Attorney's Fees and Costs - In addition to the specific remedies provided above, the non-breaching party shall be entitled to recovery of its reasonable -9- 910421 attorney's fees and costs in connection with enforcement or as a result of any breach by the other parties, whether or not litigation is actually commenced. (d) Wavier - Any waiver of breach by a party shall not constitute a waiver of any subsequent breach. 21. Notices . Any notices required or implied hereunder shall be sent in writing by certified mail, postage prepaid, and return receipt requested, to the following, or to such other places as a party may designate in writing: To Lessor: Windsor Reservoir & Canal Company c/o Donn Engel, Secretary P. O. Box 206 Eaton, CO 80615 With a copy to: Timothy J. Dow, Esq. Anderson, Sommermeyer, Wick & Dow P. O. Box 2166 Fort Collins, CO 80522 To Lessee: Mr. Larry Eckel Water Sports West, Inc . 0461 Weld County Road 26 P. O. Box 8236 Longmont, CO 80501 22 . Miscellaneous: (a) Assignability - This Agreement may not be assigned without the expressed prior written consent of Lessor. (b) Subleases and Pledges - Lessee shall not have the right to sublease any part of the property leased hereunder to any party without the prior written approval of Lessor. In addition, Lessee shall not have the right to in any way pledge, collaterally assign or encumber this lease for any reason to any other party without the Lessor's prior written consent. The prior written consent of the Lessor for any assignment, sublease or pledge hereof shall be exercised solely at the discretion of Lessor. (c) Benefit - This Agreement shall be binding on and inure to the benefit of the successor and assigns of the respective parties hereto, subject to the restriction on assignment. (d) Governing Law - This lease shall be construed and enforced according to the laws of the state of Colorado. 91042-10- 1E (e) Entire Agreement - This lease and all attachments hereto constitute the entire agreement between the parties . All prior discussions, negotiations and agreements, if any, shall be deemed merged herein. (f) Modification - This Agreement may only be modified by a further written instrument signed by the parties hereto. No verbal modification shall be effective to modify the provisions hereof . (g) Jurisdiction and Venue - In the event of breach of this Agreement, the parties agree that jurisdiction and venue shall be exclusively proper in the Weld County, Colorado, District Court. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first indicated above. LESSOR: LESSEE: WINDSOR RESERVOIR & CANAL COMPANY WATER SPORTS WEST, INC. By: By: Larry Eckel, President Title: (SEAL) (SEAL) —11— 91_01.2.1 2.1 a - .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. tu� ic3, 3 a-3 S. ,,,ice #-. P alt. eo If*-24/ '� ttk2—�-fo t ! � Oo 4+� 4 , � � , e, .tea e/ (/ei c(c,_ - � T, ?5-0 e Sr itir ei l � 7-e .- -1 a, . , O27X. s cs _ 2 CC' 0 _ . • `7 /ACC . s 6.7 rC- "")c� � - gpea � y ex, ,Cce ra ,7— Ors: f -_-,/,,e el igCrat ,�� J �'r- I • K � � ." I- t. _ C '/. 1, ,` ,) `i ,) . 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