HomeMy WebLinkAbout982542.tiff Weld County Department of Planning Services
1400 N 17th Avenue
Greeley, Colorado 80631
April 4, 1998
To Whom It May Concern:
I am writing to you in objection to the Hill-n-Park 5th filing. My property runs parallel to
this proposed filing. My address is 4545 Kiowa Drive.
In May 1993, when we first began thinking of purchasing our property we had concerns
about what could happen with the property that runs the full length of our proposed
property(26 acres). I went to the Weld County offices and spoke to Mrs. Phyllis Newby.
She looked up the zoning and she told us she had good news and bad. The bad news was
it could be developed but the good news was it had to be stick built single family
dwellings. It was upon this information that we decided to purchase our land.
In 1996 the County granted JER to continue with the 4a' filing of Hill-n-Park, which
brought the mobile home park closer to our property. At the time JER was forced to
plant a visual screening of trees along the edge of 4`h filing. These effects were
appreciated but a tree every hundred feet or so is hardly a visual screen now or in the
future. My property was originally owned by one of the partners of JER, and when I
tried to discuss this matter with him his comment was, "Why do you think I sold the
place, I didn't want a damn trailer park in my back yard".
I have several concerns about this subdivision. Safety is an issue. Children are
constantly coming over and playing in the creek that runs through our property. Not only
do we have cattle in that area, the creek walls are very unstable. Our pasture has caught
fire several times because of children playing with matches in the creek beds and we are
quite concerned with their safety, the safety of our livestock and our liability if something
serious happened. Property value is another concern. Weld County raised our property
value in 1997 from $220,000.00 to $385,000.00. I am glad the County has so much faith
in increase of our property, but I feel with a mobile home park running the full length of
our property would only bring the value down.
I feel we went to the county and ask the proper questions before purchasing the land, the
county obviously thinks the land has value at this time and we now ask you to stop thi
filing. The only other feasible alternative is to make the Partnership put up a non
maintenance wall or fence to satisfy our concerns for safety and property value.
Thank you for your time and efforts,
C
wAZ
Gail d John Sanger Weld County Planning Dept.
APR 0 6 1998
982542 RECEIVED
The City of
CO? •
COLORADO
MEMORANDUM
DATE: October 26, 1995
TO: Russ Anson, City Attorney
FROM: Tom Hamblen, Chief Building Official
SUBJECT: Arrowhead/Hill n Park & West Hill n Park Water Taps
Please be advised that City staff has completed their research in regard to the above referenced
water taps. Following are the findings of that research:
Arrowhead (all filings) and Hill n Park(all filings) were allotted four hundred fifty (450) 3/4"
water taps along with all associated water rights to serve those taps. As of October 5, 1995 there
were 151 water accounts in Arrowhead and 234 in Hill n Park for a total of 385. The remaining
water taps (65) are to be assigned as follows:
ARROWHEAD ASSIGNMENTS:
Lot 8, Block 1
Lot 17, Block 1
Lot 22, Block 1
Lot 24, Block 1
Lot 5, Block 2
Lot 1, Block 3
Lot 8, Block 6
Lot 9, Block 6
Lot 11, Block 6
Lot 5, Block 7
Lot 1, Block 8
Lot 7, Block 8
Lot 12, Block 11
Lot 13, Block 11
Lot 9, Block 12
Tract A(northwest corner of lake) a total of 2 taps as follows:
5300 Kiowa Drive
5101 Pawnee Drive
Undesignated tract of land north of lake a total of 4 taps
(sw corner 37th St/Arrowhead Dr.)
ARROWHEAD TOTALS: 151 accounts plus 21 assigned equals 17 a "
3700 Golden Street • Evans, Colorado 80620-2724 • (970) 339-5344 • FAX: (970) 72 ,z/
Page 2 Ori
Water Taps C
HILL n PARK ASSIGNMENTS:
Lot B (east of the store) a total of 4 taps
HILL n PARK TOTALS: 234 accounts plus 4 assigned equals 238
ARROWHEAD/HILL n PARK TOTALS: Taps allotted 450
Arrowhead (172)
Hill n Park (238)
SUMMARY: 450 taps allotted minus 172 & 238 equals 40 taps outstanding.
West Hill n Park(all filings) were allotted four hundred (400) 3/4" taps and the associated water
rights were satisfied. As of October 5, 1995 there were 254 accounts. The remaining water taps
(146) are to be assigned as follows:
WEST HILL n PARK ASSIGNMENTS:
Lot 11, Block 15
Lots 1 thru 18, inclusive, Block 12 (18 taps)
Lots 1 thru 22, inclusive, Block 11 (22 taps)
Lot 1, Block 10
Lot 22, Block 10
Lot 53, Block 10
Lot 55, Block 10
Lot 56, Block 10
Lot 57, Block 10
Lot 58, Block 10
Lot 2, Block 9
Lot 3, Block 9
Lot 20, Block 9
Lot 21, Block 9
Lot 23, Block 9
Lot 1, Block 8
Lot 2, Block 8
Lot 17, Block 8
Lot 21, Block 8
_ Lots 1 thru 9, inclusive, Block 7 (taps)
Lot 11, Block 7
Page 3 OQ�
Water Taps C
WEST HILL n PARK ASSIGNMENTS (cont.):
Lot 20, Block 7
Lot 23, Block 7
Lot 37, Block 7
Lot 39, Block 7
Lots 45 thru 47, inclusive, Block 7 (3 taps)
Lot 49, Block 7
Lot 51, Block 7
Lot 54, Block 7
Lot 55, Block 7
Lots 58 thru 60, inclusive, Block 7 (3 taps)
Lot 1, Block 3
Lot 2, Block 3
Lots 8 thru 10, inclusive, Block 3 (3 taps)
Lots 15 thru 23, inclusive, Block 3 (9 taps)
Lots 1 thru 12, inclusive, Block 2 (12 taps)
Lots 1 thru 39, inclusive, Block 1 (39 taps)
WEST HILL n PARK TOTALS: 400 taps allotted, 254 accounts, 146 assigned
SUMMARY : 400 taps allotted minus 400 taps used equals 0 outstanding.
Therefore it has been determined that of the original 450 taps allotted in the Arrowhead
Agreement there have been 410 taps used and/or assigned leaving 40 taps in abeyance. In regard
to the 400 taps allotted to West Hill n Park all 400 have been used and/or assigned.
It is my understanding that water tap certificates will be issued by the City of Evans to Arrowhead
and West Ifill n Park for the assigned locations as previously identified by lot, tract and blocks.
This will leave forty(40)taps to be assigned within the legal boundaries as described in the
original Arrowhead Agreement at the owner's discretion. These certificates will only indicate that
a 3/4" water tap has been assigned to each location. It will be the responsibility of the certificate
holder to physical make and extend all taps to the property as per City of Evans specifications. In
addition, the certificate holder is responsible for the cost and installation of all appurtenances such
as the water meter, yoke and pit.
If you have any questions regarding this matter please contact me.
TH
pc; Michael J. Smith, City Manager
James L. Hewitson, Director of Public Works/Planning
Jan Whittet, Finance Director
C®
AGREEMENT FOR TRANSFER OF OWNERSHIP OF DOMESTIC WATER SYSTEM
THIS AGREEMENT, executed this 6th day of February , 1996,
between the City of Evans as transferee; and Charles A. Karowsky,
Trustee, Lake Arrowhead, Inc. , and West Hill-N-Park, Inc. , as
transferor and concerning the domestic water system located in the
subdivisions known as Arrowhead, Hill-N-Park, and West Hill-N-Park,
more specifically described on the attached Exhibit "A".
For good and valuable consideration as hereinafter described
and based on mutual promises as hereinafter described, Charles A.
Karowsky, Trustee, Lake Arrowhead, Inc. , and West Hill-N-Park,
Inc. , as owners of the domestic water system that services the area
described in Exhibit "A", all hereinafter referred to as "Owner",
warrant that they are the owners of, and agree to transfer to the
City of Evans, hereinafter referred to as "Evans", such domestic
water system, consisting of all water mains and appurtenances
(including, but not limited to pipes, valves, connections, and
easements - prescriptive and otherwise) located within public
right-of-way or private property, a majority of which is located
within the following subdivisions: Arrowhead, Hill-N-Park, West
Hill-N-Park, and all subsequent filings, refilings, or replatting
of the aforementioned subdivisions.
A. Ownership shall be transferred by bill of sale and quit
claim deed as further provided below. Upon acceptance of such bill
of sale and quit claim deed, Evans shall be responsible for such
system thereafter, including maintenance requirements, and such
system shall become a part of the Evans Municipal Water System
subject to all rights and responsibilities as are other users of
the system as provided in the Evans Municipal Code.
B. This Agreement shall supplement all prior agreements
between the parties. All past agreements between the respective
parties are incorporated herein in this agreement and remain in
full force and effect except to the extent that they are either
clarified or specifically modified by this agreement. Owner
warrants that they are owners of the above described water system.
Should there be any defect in their title of ownership, Owners,
their heirs, executors, and assigns agree to indemnify and hold
harmless the City of Evans for all costs, expenses, and attorney
fees incurred by the City resulting from such defect.
C. Owner shall convey permanent easements by an appropriate
deed for each transmission line and each main of sufficient width
to allow Evans to protect said facilities and to replace and repairaallilb
the same and said easements shall be of sufficient width to
accomplish the same. For both transmission lines and mains, the
minimum acceptable width shall be 20 feet.
For and in consideration of their mutual promises and past
agreements the parties agree to the following:
c
1. Owners shall be entitled to the issuance of a maximum of
850 water taps from Evans until all 850 have been issued by Evans.
Said 850 taps shall be at no further charge to Owner or its
assignees. Both parties agree that the Owner has, at the time of
execution of this agreement, been issued 639 water taps and have
been assigned 171 water taps for which certificates have been
issued. This leaves 40 taps that Owners have a right to be used or
assigned within the property described by Exhibit "A" .
2 . Water rates to the residents in Arrowhead shall be equal
to the standard Evans "in town rates" plus $1.00 per month and any
other incidental rates, charges or fees normally assessed on other
Evans water users. "In town rates" shall be as now existing and
as may be modified in the future from time to time.
3. In accepting the subject domestic water system, Evans
under its normal regulatory authority as a provider of domestic
water, shall be permitted to apply the following restrictions to
the water users to the same extent as if the users were within the
City of Evans:
a. Prohibit cross connections to other water systems
or sources of potential contamination.
b. Apply lawn watering limitations.
c. Limit the use of any type of pressure system or
pump designed to increase the flow from the City
water main into a service line over and above that
which is delivered under normal pressure by the
City.
d. To assess penalties against water users who make
additional or unauthorized connections, or in any
other manner violate the ordinances of the City of
Evans applicable to its water utility.
e. Charge a surcharge to customers utilizing more than
a specific number of gallons per month per
resident, as specified by ordinance of the City of
Evans.
f. Impose any other water conservation standard deemed
required by the City of Evans to protect the
health, safety, and welfare of its citizens and
customers.
g. The right of inspection, maintenance, repair and
control over water lines, both within the City
limits and outside the City limits to the same
degree.
D. The parties acknowledge that although the domestic water
supplied to Arrowhead is provided by the City of Evans it is
COP
actually treated by the City of Greeley under a contract between
Greeley and Evans. To the extent that Evans is obligated to comply
with any contractual requirements imposed by the City of Greeley,
those requirements shall also be enforceable against and apply to
the residents of the area covered by this Agreement.
E. Once all of the prepaid taps of Owner, referenced to in
paragraph 1 above, have been issued, all other new taps and/or
changes in current taps will then be subject to the current or then
existing charges and fees normally imposed by Evans.
F. Owner assures Evans that, concerning any independent
irrigation water supply under the current control of owner, if any
such ownership or supply of such water is given to private parties
or to the Homeowners Association, appropriate covenants will be
included to protect against cross connection or any other
operational activities on the part of the homeowners that may
threaten the integrity of the domestic water system being conveyed
to the City of Evans. Evans shall not in any manner be limited by
the terms of this Agreement from protecting the integrity of its
water distribution system.
G. This entire agreement is conditioned on final acceptance
by the City of Evans of an eight (8) inch water line to be
constructed to Arrowhead Subdivision as presently agreed to between
Lake Arrowhead, Inc. and the City of Evans.
H. Both parties acknowledge that there has been a full
disclosure of the condition of the subject water system and Evans
accepts such system in its present "as is" condition without
warranty of any type.
FOR ARROWH FOR WEST HILL-N-PARK
WEST -N- ARK, INC.
/
By.
CHARL S A. OWSKY, Trust
LAKE ARROWHEAD, INC.
By.
R Y 7,
UND , President^
ATTEST: FOR THE CITY OF
KI AETZ, CIT CL D S • • F YOR
r ®V
EXHIBIT A
All that part of the Northwest Quarter (NW 1/4) and the
South Half (S1/2) of Section Twenty-six (26) , Township
Five (5) North, Range Sixty-six (66) West of the 6th P.M.
more particularly described in Deed recorded November 17,
1961, in Book 1600, at Page 55, as Reception /1368014 of
the records of the Weld County Clerk and Recorder, Weld
County, Colorado, the greater portion of which is known
as Hill-N-Park and West Hill-N-Park Subdivisions.
AND
The North Half (N1/2) of Section Twenty-seven (27) ,
Township Five (5) North, Range sixty-six (66) West of the
6th P.M. , Weld County, Colorado, also known as Arrowhead
Subdivision.
COPY
CITY OF EVANS, COLORADO
RESOLUTION NO. 14-1996
APPROVAL OF THE AGREEMENT FOR TRANSFER OF OWNERSHIP OF THE
DOMESTIC WATER SYSTEM LOCATED IN ARROWHEAD, HILL-N-PARK
AND WEST HILL-N-PARK
WHEREAS, an agreement for transfer of the ownership of the Domestic Water System
located within the subdivisions of Arrowhead, Hill-N-Park and West Hill-N-Park, all located outside
ijthe City limits of the City of Evans, has been presented to the City Council for approval, and
WHEREAS, the City Manager and the City Attorney have represented to the City Council
that all requirements of the City for acceptance of the transfer of such Water System have been met
by the owners, and
WHEREAS, the City Manager and the City Attorney have recommended that the City
Council approve the execution of the aforementioned agreement, and
WHEREAS,the City Council believes it to be in the best interests of the citizens of the City
of Evans that the domestic water system serving Arrowhead, Hill-N-Park and West Hill-N-Park be
incorporated into the domestic water system of the City of Evans.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Evans that:
1. The attached Agreement for Transfer of Ownership for Domestic Water System is
hereby approved and that the Mayor and the City Clerk are hereby authorized to execute the same.
2. All rules and regulations that apply to domestic water within the City of Evans shall
also,to the same extent, apply to users of the system located in the subdivisions of Arrowhead,Hill-
N-Park and West Fill-N-Park, including, but not limited to, prohibitions of cross connection, lawn
watering limitations, prohibitions from the use of auxiliary pressure systems and pumps, penalties for
violations of the rules and regulations, surcharges for excess use,the rights of inspection, maintenance
and repair, and any other water conservation standard deemed nrr.eccary to protect the health, safety
and welfare of the citizens and customers of the City of Evans water system. •
PASSED AND APPROVED at a regular meeting of the City Council of the City of Evans
on this 7th day of _MIL, 1996.
CITY OF EV S, COLO
By:
yor
AT?jEST:
•
City Clerk
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