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Home My WebLink About982302.tiff DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N.17th Avenue, Greeley,CO 80631 Phone(970)353-6100, Ext. 3540 "ligeFax(970)352-6312 COLORADO June 29, 1998 Bill Hall 209 42nd Avenue Greeley, Colorado 80634 RE: S-455/Lindies Lake PUD Sketch Plan for 7 residential lots on 80.3 acres Legal: Part of the NW1/4 of Section 20, T6N, R64W of the 6th P.M. Water North Weld County Water District Dear Mr. Hall: The Department of Planning Services' staff and various referral agencies have reviewed your Sketch Plan application for the proposed Lindies Lake Planned Unit Development (PUD). The Sketch Plan comments and agency referral responses may not be all inclusive, as other concerns or issues may arise during the remaining application processes. Copies of the following referral agency comments are enclosed: • Weld County Building Inspection Department 5/5/98 • Weld County Public Works Department 5/1/98 • Weld County Health Department 5/18/98 • Galeton Fire Protection District 5/18/98 • Colorado Geological Survey 5/19/98 • Colorado Department of Transportation 5/5/98 • U.S. Army Corps of Engineers 5/11/98 • West Greeley Soil Conservation District 5/11/98 OVERVIEW The PUD.Sketch Plan proposes an urban scale development of 7 residential lots located on 80.3 acreg. The application indicates proposed lot sizes ranging from 3.7 acres to 7.7 which is consistent with the Estate Zone District. The proposal is to be served by North Weld County Water District and proposes 44.9 acres of open space including Lindies Lake. The plat is unclear as to the proposed use andreeintenance of the 1.3 acre area adjacent to Weld County Road 51. It appears that this area is included in the 30 foot right-of-way for Weld County Road 51. It also appears that the northern cul-de-sac is directly adjacent to road right-of- EXHIBIT Service,Teamwork,Integrity,Quality si 1 982302 CAS# it way. The applicant is also required to delineate 40 feet of right-of-way from the centerline for future expansion of Weld County Road 51 and 75 feet of right-of-way from the centerline of State Highway 392 on the plat. Future applications shall include a plat which clearly delineates the property boundary, use and maintenance of the 1.3 acre area and proximity of the access road and cul-de-sac to road right-of-way. The following comments are based upon consistency with the Weld County Subdivision, Zoning and Planned Unit Development Ordinances and the Weld County Comprehensive Plan. COMPREHENSIVE PLAN A.Goal 1 states, "Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." The preservation of prime farmland is one of the primary goals of the Weld County Comprehensive Plan. The southern portion of the subject property is categorized as Farmlands of National Importance- prime farmland, by the USDA Soil Conservation Service. The northern portion of the property is designated Farmlands of Statewide Importance- irrigated land (not prime).. The applicant shall demonstrate in future applications how the proposed development will preserve prime farmland and co-exist with surrounding agricultural land uses. A.Policy 3 in the Weld County Comprehensive Plan states, "Conversion of agricultural land to residential, commercial and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area, or I- 25 Mixed Use Development area and urban development nodes." The subject site is not located within a municipality's comprehensive plan area. For this reason, staff strongly encourages the development be scaled back to five lots. A.Goal 4 states, "Provide a mechanism for the division of land which is agriculturally zoned. The intent of this goal should be to maintain and enhance the highest level of agricultural productivity in Weld County." Potential impacts to the agricultural community shall be addressed by the applicant. The level of development, availability, of existing infrastructure, agricultural productiveness of the site and feasibility for continued farm production on the site shall be addressed in future applications. R.Policy 5 states, "New Residential development should demonstrate compatibility with existing surrounding land-use..." The existing surrounding land uses include agricultural and residential uses, however, the Weld County Planning Commission recently approved a change of zone request (Z-511 Intermill)for a 5 lot minor subdivision in the southwest quarter of this section. The applicant shall demonstrate how the proposed development will be compatible with the existing area. Future applications shall address potential impacts to the surrounding area as well as any proposed mitigation of potential conflicts between the proposed subdivision and the existing farming practices. A.Policyt states, 'Weld County recognizes the"right to farm". In order to validate this recognition Weld County has established an example covenant which should be incorporated on all pertinent land use plats." As previously stated, portions of the subject property are considered prime farmland and the property is situated adjacent to other agricultural farming activities. The right to farm covenant and its relationship to the development shall be addressed and incorporated into future applications. The right to farm covenant shall be placed on the plat. Service,Teamwork,Integrity,Quality n 2 992302 PUD.Policy 4.2 states that a planned development which includes a residential use should provide common open space free of buildings, streets, driveways or parking areas. Common open space is defined as any usable parcel of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or for the use and enjoyment of owners or occupants of land adjoining or neighboring such an area. Open space restrictions are permanent, not for a period of years. A homeowners association shall be established before any residences are sold, and membership in the association is mandatory for each residential owner. The homeowners association is responsible for liability insurance, taxes and maintenance of open space, street(s), private utilities and other facilities. The open space lot functions as a separate parcel. Although the application proposes 44.9 acres of open space, it appears that Lots 2 through 6 will only have access to open space in the form of the lake. The application materials indicate a "private common recreation area with lake". Staff would prefer to see access to the 10.9 acre open space °land" for these lots, possibly through a lakefront easement to connect all lots to this area. Future applications shall also address maintenance of the open space lot, including access and liability issues pertaining to the lake.', P.Goal 2 requires adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of Weld County. The Weld County Public Works Department, in a referral dated April 30, 1998, is requiring the proposed cul-de-sacs to have an outside pavement edge radius of 50 feet or more pursuant to Section 10.2.1.13 of the Weld County Subdivision Ordinance. Additionally, turning radiuses from Weld County Road 51 shall be a minimum of 20 feet. The plat shall also be amended to identify a typical road cross section for the interior road. As stated previously, 40 feet of right-of-way shall be delineated on the plat for future build out of Weld County Road 51. The applicant will be responsible for providing street name signs and a stop sign at the appropriate location entering Weld County Road 51. The application materials indicate that lake water will be made available by pump to the fire district. The Galeton Fire Protection District, in a referral dated May 12, 1998, requests a 3"dry fire hydrant from the lake with adequate access for pumper trucks. The Colorado Department of Transportation has stated in a referral dated April 29, 1998 that the Department reserves the right to re-evaluate the connection of Weld County Road 51 to State Highway 392 at such time that traffic increases by more than 10% for possible required improvements. Future applications shall address these, and the other concerns that arise from the Weld County Public Works Department, CDOT and the Galeton Fire Protection District. SUBDIVISION ORDINANCE Section 10.2 of the Weld County Subdivision Ordinance, as amended, dictates street standards for PUD's and subdivisions. T.Policy 4.3 states that all road, street, and highway facilities should be developed, constructed, and paved in accordance with adopted county standards. County streets are required to have a minimum 60 foot right-of-way width, which includes 10 to 11 feet per lane and 4 feet per shoulder. All cul-de-sac radii must be a minimum of 65 feet and maximum block length between intersecting streets is 1,500 feet. Service,Teamwork,Integrity,Quality 3 9S2302 As previously mentioned, the plat will need to be amended to include appropriate right-of-way reservation as indicated by the Weld County Public Works Department and the Colorado Department of Transportation. This will necessitate a change in the location of the proposed interior road. The interior road and typical cross section will also need to conform to the standards of the Weld County Subdivision Ordinance. The applicant should contact the Weld County Public Works Department to determine adequate distance between the interior road and cul-de-sacs and Weld County Road 51 right-of-way (40 feet from centerline). Concerns pertaining to access shall be addressed in the change of zone application should the applicant wish to proceed. Section 10.6 dictates utility easement standards for county subdivisions and PUD's. These standards are strictly enforced by the Weld County Utility Advisory Committee, requiring a minimum total width of 20 feet apportioned equally on abutting properties within the development and a minimum of 15 feet allocated along front lot lines and any other perimeter areas. Future submittals must include the delineation of utility easements on each lot as required by the Design Standards. Section 12 lists subdivision improvements that are the responsibility of the property owner/developer to complete. The required improvements agreement which is entered into between the owner/developer and Weld County guarantees construction of all improvements in accordance with the approved PUD final plan; the agreement is covered in Section 13. The application materials indicate that the proposed internal street would be privately maintained. Future submittals must include a completed improvements agreement addressing road construction, utility extension, landscaping, signage and any other applicable elements of the PUD. PUD ORDINANCE Section 2.18 defines Urban Scale Development as developments exceeding 5 lots. As stated previously, the Weld County Comprehensive plan states conversion of agricultural land to residential uses will be discouraged when the subject site is located outside of a municipality's comprehensive plan area. Staff will not recommend approval of future applications unless the proposal is scaled back to five lots. Section 4.4.1.2 addresses the conformance of the uses allowed in the proposed PUD with the Performance Standards of the PUD Zone District contained in Section 2 of the PUD Ordinance. Section 2 lists 20 Performance Standards as criteria to be considered in the review of all PUD applications. The Standards covered here are those that are most applicable to this proposal, however, future applications shall address all of the 20 standards which are applicable. Section 2.1 discusses Access Standards for the'internal street(s) of a PUD. The applicant will be required to address the standards and concerns of the Weld County Public Works Departmept. Section 2.3 states that Bulk Requirements (minimum setback, offset, lot size, height of buildings and lot coverage) in the PUD zone district may be varied from the requirements of a specific zone district. The applicants have not indicated any deviation from the E (Estate)zone district Bulk Requirements for the proposed development. The application materials indicate that the lots will be irrigated and planted as pasture for grazing. The Weld County Zoning Ordinance Service,Teamwork,Integrity,Quality 4 982302 allows for one large animal (ie: cattle, horses) per acre in the Estate zone district, not to exceed eight animal units per lot. • Section 2.5 states that common open space shall be designed to be useful to the occupants and/or residents of the PUD Zone District for recreational and scenic purposes. Future applications shall address easy access to the 10.9 acre open space land"for all residents of the proposed development. Section 2.6 Compatibility of uses within the proposed PUD as well as with surrounding uses needs to be further documented by the applicants.. It appears that most of the adjacent land use is dedicated to farming and residential uses. The department recommends that any future owner should be made aware of the agricultural uses existing in the area and recommends that the Right To Farm Covenant should be placed on the plat. Section 2.7 pertains to design standards and improvement agreements. The Design Standards and Improvement Agreements of Section 10, 12 and 13 of the Subdivision Ordinance shall be utilized when applicable to the PUD Final Plan review and development. Certain PUD Final Plan requirements may differ from those specifically listed in the Subdivision Ordinance. Final recording shall not occur until the required improvements agreements have been approved and collateral tendered. Section 2.9 A Landscaping plan is required for all PUD applications. Future applications shall include a landscape plan which addresses Section 6.3.3 of the PUD Ordinance. The plan shall include plant materials, planting schedule and on-going maintenance. Additionally, the landscape map shall delineate landscaping and shall meet the requirements of Section 9.3 of the PUD Ordinance. Section 4.4.1.5 The determination that the street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The applicant will be required to submit an Improvements Agreement Regarding Collateral for all improvements for the proposed PUD. Future PUD submittals shall demonstrate compliance with Weld County street standards and the plat amended to show the required additional right-of-way and typical cross section. Section 4.4.1.6 Compliance with the applicable requirements contained in the Weld County Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the site. The proposed development does not lie within an overlay district as described in the Weld County Zoning Ordinance. The application materials indicate that a discussion between the applicant and Mr. Curt Moore of Patina Oil Company revealed that Patina may be interested in a drill site on the southeast corner of Lot 5 or below the dam. The applicant shall amend the plat to delineate any future drilling areas, as well as delineate a ???foot radius around each site. Residential structures shall not be located within the delineated radius. Section 6.3 outlines the 8 Major Components of the Development Guide. Section 6.3.1 addresses compliance with Environmental criteria. Referral agencies have indicated the following environmental concerns pertaining to this proposal. Service.Teamwork;Integrity,Quality 5 .. • 2(32302 The Weld County Health Department indicated that the proposed septic systems shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic systems shall be located a minimum of 200 feet from the lake and the wetlands area, except for Lot 2 which shall maintain a minimum distance of 150 feet. As stated elsewhere in these comments, future applications shall address maintenance of the commonly owned open space. The Health Department also requires such maintenance to include removal of manure in a manner that will prevent nuisance conditions and not allow runoff into Lindies Lake. The Health Department also states that manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. The Colorado Geological Survey referral response dated May 12, 1998 indicated concerns pertaining to soft soil with probable high organic content on Lots 1 and 2. The Colorado Geological Survey also indicated concems pertaining to slope stability and depth to groundwater. The plat to be included in future applications shall delineate building envelopes and septic systems for each lot. Core samples shall be taken and the soil on each lot shall be evaluated prior to determining the building envelope locations. Septic systems shall be located according to the Weld County Health Department requirements as previously stated. Where groundwater is present at depths of 5 feet or less, leach fields shall be engineered. The applicant shall address all of the concerns indicated in the Colorado Geologic Survey's referral. The Colorado Geological Survey also had concerns pertaining to wetlands, which was reaffirmed by the Corps of Engineers. A referral response received May 6, 1998 from the Army Corps of Engineers requires the applicant to examine the property for wetlands pursuant to Section 404 of the Clean Water Act. Any wetlands shall be delineated on the plat. The applicant is responsible for retaining an Environmental Consultant to identify and map wetlands on the property. A list of environmental consultants is attached to the Corps referral letter. The applicant is responsible for obtaining all applicable permits pertaining to wetlands. The West Greeley Soil Conservation District also-indicated concerns pertaining to site drainage into the lake. Future applications shall address this site drainage concern. The Weld County Building Inspection Department indicated that each building will require an engineered foundation in accordance with the geologic report prepared by Foundation and Soils Engineering, Inc. dated March 18, 1998. The Weld County Public Works Department noted a significant amount of Canadian thistle on the property. Although the application materials indicate minimal landscaping, however, Section 6.3.3 requires future applications to address the landscaping plan requirement. The plan shall address the control of noxious weeds on the site., Each of the aforementioned environmental concerns shall be addressed in future applications. The Weld County Health Department, Environmental Protection Services recommends alternative strategies regarding water conservation and waste minimization consideration such as xeriscaping, low water fixtures, backyard composting and recycling are a few options available to home owners. They also recommend that preliminary radon mitigation measures be incorporated in the construction of new homes. Service,Teamwork,Integrity,Quality 6 982302 Section 6.3.6 specifies that signage within a PUD shall adhere to all requirements in the PUD, Zoning and MUD Ordinances. All permanent signs and sign structures shall be delineated on the plat and shall require building permits. The remaining major components include Service Provision Impacts, Landscaping Elements, Site Design and Common Open Space Usage which have been addressed elsewhere in these comments. SUMMARY As previously mentioned, the 7-lot proposal is defined as Urban Scale Development by Section 2.18 of the Weld County Planned Unit Development Ordinance. A.Policy 3 of the Weld County Comprehensive Plan states, "Conversion of agricultural land to residential, commercial and industrial development will be discouraged when the subjectsite is located outside of a municipality's comprehensive plan area..? Staff will.not recommend approval of future applications unless the proposal is scaled back to five lots. Additionally, future applications shall include a plat which clearly addresses all of the concerns and corrections noted in these comments and referral agency responses. If you choose to proceed with the PUD application process, the next step is to submit the PUD Change of Zone application, unless determined that substantial changes from the submitted Sketch Plan would warrant the need to submit a new Sketch Plan application. The PUD Change of Zone procedures are described in Section 5 of the Weld County PUD Ordinance, Ordinance 197. Your submittal must address all issues discussed above, as well as the questions and concerns of the referral agencies as listed previously. The PUD Change of Zone submittal must include a complete development guide. Please review the enclosed materials and then call to schedule an appointment so that.I may reserve a sufficient amount of time to meet with you. The purpose of the meeting will be to familiarize you with the PUD District application procedure and discuss any problems or concerns identified in this letter. Once again, comments made during the Sketch Plan phase of the PUD and agency referral responses may not be all inclusive, as other concerns or issues may arise during the remaining application processes. Sincerely, btligged- Scott Ballstadt Planner II s • Service,Teamwork,Integrity,Quality 7 932302 November 2, 1998 Scott Ballstadt County Planner Weld County Colorado Dear Scott Ballstadt, In September I met with Holloway & Holloway to find elevations of high water and ground elevations in the lower areas around Lindies Lake, Highway 392 and County Road 51, SEC20 6N 64West Weld County Colorado. We measured the highest watermark on the spillway concrete, it was 18 inches higher than the Lake water level on the day of measure. Using the lake surface as a guide we found that the ground at a point on the north end of the lake and west of the inlet, to be 18 inches higher than the high water mark. We also measured on the west side of the lakes edge. A point on the east side of Lot #2 (on the map), was 12 inches over the high water mark at the spillway. A person would assume the high water mark stain on the concrete is the highest the water level has been in Lindies Lake. Thus indicating to us that it is very unlikely these areas would be prone to flooding. Also no indication on any of the County flood maps show this area to be a potential flood area. Sincerely, Bill Hall BH/dlm Weld County Planning Dept. N0V 0 3 1998 RECEIVED IXHI IT sena 82302 /tiraT �F DEPARTMENT OF THE ARMY ��n CORPS OF ENGINEERS, OMAHA DISTRICT /a,/ TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 121 LITTLETON, COLORADO 80128-8901 August 17, 1998 u,P� REPLY TO ATTENTION OF: • Mr. Bill Hall 1220 11th Avenue Suite 201 Greeley, Colorado 80631 Dear Mr. Hall: Reference is made to the August 14, 1998, site visit conducted by Mr. Rex Fletcher of this office concerning the Lindies Lake sediment removal project impacting approximately 30 acres of waters of the United States to include wetlands. The project is located in Section 20, Township 6 North, Range 64 West, Weld County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U. S. Army Corps of Engineers regulates the discharge of dredged and fill material into waters of the United States including wetlands. This letter is to inform you that the proposed activity, assigned 199680299 will not require a Department of the Army(DA)Permit. Although a DA Permit will not be required for the project,this does not eliminate the requirement that other applicable federal, state,tribal,and local permits he obtained as required. If there are any further que^tions concerning this matter, please feel free to contact Mr. Rex Fletcher of this office at 303-979-4120. Sincerely, Tin�tny , Carey Proje eager Weld County Planning Dept. NOV 0 2 Ma RECEIVED 9S2302 EXHIBIT CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 0 TELEPHONE n Ii OFFICE FIRST INQUIRY? U YES ❑ NO DATE: / /7Z/ ( 8 HO NAME: \L -11 .0 v\isaiD62' PHONE: -35-2 --(D2 2-:z ADDRESS: TYPE OF INQUIRY: _ MHZP - SKETCH PLAN MINOR SUB SKETCH PLAN _ ZPMH _ PRELIMINARY PLAN - MINOR SUB FINAL PLAT _ RE _FINAL PLAT _ ZONING _ AMENDED RE _ RESUBDIVISION - ADDRESSING _ SE FHDP _ BUILDING PERMIT _ AMENDED SE _ GHDP - SETBACKS/OFFSETS _ SITE PLAN REVIEW _ USR HOME OCCUPATION_ _ REZONING AMENDED USR - VIOLATION PUD SKETCH PLAN _ USR MINING _ OTHER „SC PUD DISTRICT _ USR MAJOR FACILITY _ PUD FINAL PLAT USR DISPOSAL SITE _ STAFF PERSON: ikYP<DT ITEMS DISCUSSED: _SIC 61 C . Ai I AsK-eb /Mfg. 7R-th4e P0iCr To Cti V ti Hr s LArrrE12, O A vi& 2 I T -- SIG i r3 o t e Atc --(A6 ©we fri H k 5 APo-t2:50kit( 1,3 cc( J RovJ I /c6iLd W t-i Al CyM,N 1-t 6CULti) DO �- N i I)(c-Fet's1) 1( bI-T I d3 . ko��-J Lu -Co ≤rq, 7C i j e/o\' Forte ctrlko-u NAB �� pi-fc l-I , I r5t.-e0 we n cry vt,n, WDLt M -nt► t egg- Nom' o to UAll-r - f/C 75 CC-Cr. 4 EXHIBIT An *51$ , I Time Spent: 20 MIN Staff Member's Initials: citizen.shl 992302 Sections 2.13 and 2.18 from the Weld County Planned Unit Development Ordinance 197: 2.13 Non-Urban Scale Development - Developments comprising of five or less residential lots, located in a non-urban area as defined by the Weld County Comprehensive Plan, not adjacent to other PUD's, subdivisions, municipal boundaries or urban growth corridors. Non-Urban Scale Development on public water & septic systems shall have a minimum lot size of one (1) acre and an overall density of two and one-half(2 'h) acres per septic system. Non-Urban Scale Development proposing individual, private wells and septic systems shall have a minimum lot size of two and one-half (2 '/) acres per lot. A Non- Urban Scale PUD preserving a minimum 80-acre agricultural out-lot may be located adjacent to other Non-Urban Scale PUD's which also preserve a minimum 80-acre agricultural out-lot. 2.18 Urban Scale Development - Developments exceeding 5 lots and/or located in close proximity to existing PUD's, subdivisions, municipal boundaries, or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. *Z*UWJ' 9923(12 Ili i S g 1XMISIT A 31°?3 2 Atir.:. itar MAP 21 R 64W JOINS MAP IO IE�N Q/�, GLEN 'oEMN5el )LOUISE m u- ROBERT H. • Jm MYRTLE L. ALICEE.IST ICI / ROUSE DILLARD " _ s== / JANE 0_ m = a PHYLLIS TRUSTEE ORGAN l Tc. � s et ai 'TODD ar INs �� EAF WILLIAM E & DYER �� -L oaY JON R. I wzol� 0 'L- -f, FAMILY , HE F°• E a�-, ERICKSON «>la & I c TRUST 5 4'AZARENU5 MARGARET 3swL=_r: 9_ m,1 DAVID,JR. & GRADY & NAOMI E. TERAL E NERDY ,., ROBERT J. I�C LILLIAN J DYER T'I'E" `° SIEGRIST ROGERS ci ER ■ I [WILLIAM EFERMIN a TOMMY L.& let 0 cHAs. KREPSJUANITA BROTH I& CLARA J. ERICKSON RE GRIouE? PHYLLIS J. �` c=iN= ` EAL ERICKSON R F ORR I FF ROBERT & [jr. utrEAMC `STEPHEN H JEANNE GRADY & WILLIAM I' 4HARRY A..G. FLOYD " EAR'' f J SECIL PH KREPS ° NAOMI E E. cR,DINGES ADAMS LOREN R. B I a y om ERICKSON Ex.-F°G CURrlSE & GAM aruANITA am DYER I MARK S. 8 MARILYNMARLYN J eEGIL M sr e1 al HOWARD TAMMY M. 'KAREN E. COCKROFT etal ° ecE°N p MANUFACTURING FOSS I FLORES , N0 ¢ O CO. 9 FAG JAcn D.SI �• PASSLr. RADr a REUBEN m° _ w w HAROLD RI HEIDEN ROSE wIR F a EMMA REicH MYRDN A. & �� C EHRLCH }�o - , z , ELIZABETHM. ow� wa UHRCH ENTER- PHINNEY\WQ 'y NOWARos aE_'aI N i - -'''- LAnE PRISES MAE 'DEBORAH Z S xa� _'�a - �_ - _ , _ ROOT ISCHRANT WILLIAM ROBERT L.BV ` FADL L1_ EDRIS L. RUBY M. G 1°N PO EFGO LARENc_ 3 °ARIEL E.a RAYMOND 1 a HELDi li 'AMIGO FARMS Fns DONNIE L. a - oR°T,E MAuRE°uaEEN n. a GLORIA DE CARLSON INC. VICTOR] K WILLIAM E. JH. a ANN EDNA M Mc LAIN BEVERLY ERICKSON ANDERSON ANDERSON Mc KENNY,HENRY JR. E_ 1M 1s RICHARD 8 I ( I6 . .TAM HELMNT3 A 5 JACK J WILMA Jr FoasEJ FERMIN RODRIGUE7 Y H WYPKE & I�LEC L. 1BRED eNE PAUL: SLAP° Dc Z EROr a L � CATHLEEN IJANICE K E FRANCES RC ;,MI— PATRICIAN WM.T 0 VELLEMA LEAV ITT IH. GREEN ° ISRUTH ur�- , (HOWARD SAW ,pp0w DUMLER p HE a I L I39i] uESER 'm Icaa w° a ;OR o FR ' J-& L- cauDEr m 3¢om GAT EWIES ¢ "Y.¢ -BEN 9 G a LAnE LINDA L. JERRY B ' FARMS 'MELVAA ° GARY A a ; DORTHULA 9 - ARRIETr a`=� `x of ERBES JUSTIN et ca 'CROW ° w ANDE50N'� RAYMOND W. ""' iuE Io¢� , C LOHR >s: IGAZ- SIDWELL ° \1 • FAL[ IZI OLOI S E. • I ROGERB FAR GAB �c A vi•NE FSCB- I PERRY E i]4 'RICHARDLLL FOE >,,,+ NANCY rn Z (_ \\ a CAL EDYTHE A. xe M!N F. P=_PPLER GERALD LARRY Ls `^ - • w TRUSTEE a LINDA ' E w aREATH LYON R_,RIG- EVE \ 9JANET CF: iaW LL eral GQV RorH WINTER SNIDER r„ � . `w N eral L'R &CHERYL�.o�• ILA GC BLJ m et O ^FAx AA a rM ' IQ9' A° I^I GAc I DER� TH OMPSON _J u_ LAP: Si N �) I GEFLD a MARGARET ^XAE` RAc �EMANUEL r 9°" N°D < PA RICK L. ERN A. a "' L RO H C. �NSBEF- L- JERRY F 4.et al TROTH,JR. ANDERSON - Mc NEAP. ILLIAM S - EVERT L. et al leeER �! TIC w 37 o.HOWA'D LOPE SIDWELL ILA MAE �CARPIO f sta I `1„AF z °s CARSON 0"1" \---±--- -9—'--1461--- - nAr, _— `GC HAL Hna `(HAROLD m 28 0 27` GOLDIAN.&1 25 RHINIE A. H a �i/J 1 26 R. & x ROGER H. JERRY L.& JONATHAN LELYN D. & ALICE A Z &WIC AM. GILL'S PFEIFFER ACOUE LINE BARBARA )UHRICH L-� MILLER -, ale WARD e, BARRETT N. CARSON JOHN E DEWEY R. J i ` FERN &WM. S. I a BETTY & w co B m j HOWARD ROBERTS 0 9 Iw 'ICE= oROTHr J. QUARTER ,,, z ° WILMA M. zW z `EHR- MARCY CIRCLE 0 _ �o w=i �� WARDLAW �,IWLL Ice< 5H 'INCF LICH CO. re tsaas ai-0 csau °z° = �tO� w L Da"� '�3 "', u/ eaarIAIIEARTHDY aRlsap HOWARD- I - � ER BASHOR INC. $,WING - L:- I <5 3am eta °M: 5 .21 51 53 55 JOINS MAP 22 57 59 . EXHIBIT a99.3o2 amy. _ . u -fit, • D 1026 REC 01962136 04/06/84 15,30 $9.00 1/003 - ►•- F 0445 FURY ANN FEU£RSTEIN CLERK i RECORDER WELD CO, CO '• r4R a. .. AR116d13L AGREEMENT ..`:-• THIS AC.EEMENT, made and entered into this 6TH day of — . APRIL , 1984, by and between THE NORTH SIDE LATEAti COMPANY, • Colorado corporation, party of the first part, • hereinafter referred to as the Company, and LARRY SNInrs. ?Art of the second part, hereinafter referred to as Snider, ,' •; , ' WITNESSETH: Whereas, the Company is the owner of and operating a certain - - _ lateral canal taking its supply of water from The New Cache La Poudre Irrigating Company, the Cache La Poudre Reservoir Company and other sources of supply, and distributes said water supplies along the route of the canal of the Company; and - h • Whereas, at certain times of almost every year, said Company has in its said canal more water than its stockholders have ' • • — immediate need for, and said Company is desirous of disposing of • • 3 such surplus waters to the best advantage, and _ 'ti • Whereas, Snider is the owner of the following described real - property situate in the County of Weld, and State of Colorado, -- to-wit: - -.. -_>• - That portion of the West Half (WY) of Section Twenty -= • (20) , Township Six (6) North, Prange Sixty-four (64) - -- _—.. West of the 6th P.M., lying South and West of the North • _ Side Lateral Ditch or Canal, so called, containing 246 ___-.4 acres, more or less, and all water and water rights, �„_ •. • ditches and ditch rights utilized in irrigating said land or any part or portion thereof, as well as that " t{ • - certain Reservoir described as the Cole's Lake ' Reservoir (also described as Lindies Lake Reservoir) • and its intake and laterals situate in the Northwest Quarter (NWy) of said Section Twenty (20) , and all Wit water appropriated and water rights acquired by and -• through the construction, maintenance and utilization _ thereof and together with eight (8) shares of the capital stock of The New Cache La Poudre Irrigating `— -- - Company, eight (8) shares of the capital stock of the Cache La Poudre Reservoir Company, and eight (8) shares - . - _ of the capital stock of The North Side Lateral Company, - - and -.__:_ . • • Whereas, Snider, and his predecessors in title, as the • owners of said Cole's Lake Reservoir, also known as Lindies Lake, - since the completion of said Reservoir and feeder system in 1893, . ??302 9 (1 '�` • • _ •:14,A`a S 1026 REC 01962136 01/06/84 15,30 $9.00 2/003 f=•• - .��f' F 0446 MARY ANN FEUE.STEIN CLERK 6 RECORDER WELD CO, CO :- have obtained and placed to beneficial consumptive 'Ise excess or ..� trYi surplus raters florins In Thu Notch Side Lateral; and s - Whereas, the parties hereto are desirous of reducing to writing the terms and conditions relative to the obtaining and 1 • placing to beneficial consumptive use of said excess and a.sy:u- .; raters, i NOW, THEREFORE, in consideration of the mutual promises, - covenants, conditions and agreement■ of the parties hereto, the Ian .. , _-._. __— parties hereto promise and agree as follows, 1. The Company hereby agrees it will cause to be run into -- , . . • the intake, laterals and inlet for the Cole's Lake Reservoir, also known as Lindies Lake, situate in the Northwest Quarter (NWf) of Section Twenty (20), Township Six (6) North, Range > � Sixty-four (66) West of the 6th P.M., Weld County, Colorado, such .3, y: .. ,' of the surplus and excess waters as the Company has in its ditch w •- ' a at the inlet of said above-named reservoir as Snider can put to beneficial use by means of said Cole's Lake Reservoir, also known �e "'" ••+ . as Lindies Lake. The Company further agrees not to turn into �''•1• said inlet or intake of the Cole's Lake Reservoir, also known as '"�` Lindies Lake, any additional water, after the receipt of notice - - ..wri . by its superintendent from Snider that he is unable to take care of the same or does not desire to have said surplus and excess --!--,- - -,-4....4.4 waters run into the Cole's Lake Reservoir, also known as Lindies ... - Lake. �_ •r 2. It is agreed by and between the above-described parties ;: .� -+• that Snider shall be entitled to fill said Cole's Lake Reservoir, , . -•• also known as Lindies Lake, up to that certain water line Anil( ,. _ described as one (1) foot below the high water line of said ' :r reservoir and that the Company shall have the right to fill the . -�. • __ , Cole's Lake Reservoir, also known as Lindies Lake, above this . _ . • . certain water line mark up to the high water line of saic _• . _- P Reservoir for the purpose of removing flood raters from the North Side Lateral. It is further agreed that any and all flood water■ placed into the Cole's Lake Reservoir, also known as Lindies Lake,, by the Company shall be the property of and shall belong to 2= ..I . Snider. •- . 3. Snider agrees to pay to the Company the sum of Two - - — Hundred Dollars ($200.00) per year for calendar years 1983 and • 1984 for the entitlement to receive such excess or surplus raters • - es above described, and thereafter an annual sum equal to ten times the annual sment levied upon one share of North Side Lateral stock. Payment of such amounts shall be made on or - before the first day of May of the next succeeding year. Said -— 992302 -a ��.a. , B 1026 REC 01962136 04/06/81 15,30 $9.00 3/003 . ,,f. P 0447 MARY ANN FEUERSTEIN CLERK i RECORDER MELD CO, CO amounts are to pay for such water as may be f:rnished under the L. r agreement, and it is .rdarscood by the parties that no assurance 4 - • , can be given by the Company to Snider as to availability of surplus or excess water, and that such water may not I'- - .. , available. Such unavailability shall not relieve Snider from ' '. - obligation to make the payments herein required. 4. The parties do hereby state that this agreement is -..._. • • confirmatory of those terms and conditions which have heretofore - existed orally by and between the parties since the completion ofIIIIIIIIii ' - -----"- — - said Cole's Lake Reservoir, also known as Lindies Lake, and its .. intake and laterals and feeder system in 1893, with the exception `• '.' r (• of the annual payment amounts, and that said parties of the - • second part shall have and maintain the priority to said excess - and surplus waters that has heretofore existed. ="" ��: S. That the covenants and agreements herein shall be binding upon end inure to the benefit of the heirs, executors, -_ . �'. administrators, personal representatives, successors and assigns .. �- of the respective parties hereto, and shall be covenants running with said above-described property. __ . - IN WITNESS wNEREOP the parties hereto have caused their .• .�. . names to be subscribed the day and year'first above written. THE NORTH SIDE LATERAL COMPANY Attest, BY, • / • .-:+ re ant .. ... _ • - ,artary7rlYne71.- P ty of the First Part .X �1 • fin, ,2;k2 p-.rn...y..:Per c...21 Laity Snider ally Larry L. Snider - aa __ - "_.. Party of the Second Part. - .a.e• - , STATE OF COLORADO ) 1 ss. . COUNTS OF WELD . 1 a0 i:2 ' ... _ . __. _ zee foregoin net nt was acknowledged before me the -'• a_-_ ' �' day of , 1984 by Jack Wells as Presidg'nt%'f 6 - - . - The North Side era ompany,(,�/�.y. ;ggrl"� n s.*s secretary,+f+r�e•-c. e, - • North Side Lateral Company, an�Larry Shidee. It 'A k4 011 WITNESS my hand and official seal. 1'M' C>nmhtle�gO M A. �•`..ep. . taw�j _ _ Notary Public ��/ Street Addr>'s}s1</,--01/4411"—i‘ My Commission xpir •/, ' -OP. Hello