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Home My WebLink About991356.tiff EASEMENT AGREEMENT This Easement agreement is made this an day of 1999, between Lindies Homeowners Association (hereinafter Association), and Bill J. ll (hereinafter Developer) of 1220 11`"Avenue, Suite 201, Greeley, Colorado 80631, and the Olsen Ditch Company (hereinafter Ditch Company)of 24676 Highway 392,Greeley,Colorado 80631. The parties agree as follows: 1. The association and Developer hereby agree to grant and convey to the Ditch Company an easement of sixty five (65) feet south of Lindies Lake Subdivision's north property line running parallel to bearings N.46 degrees 09' 04"E.241' and N58 degrees 05' 07" E.695.65' which lies between the North Side Lateral and Weld County Road 51, as more specifically shown on the record plat of Lindies Lake Subdivision, which exists in the Northeast Quarter (NE1/4)of Section Twenty(20), Township Six(6)North, Range Sixty-four(64) West of the P.M., Weld County, Colorado, for the purpose of operating , maintaining, repairing, delivering water, and removal of silt and dirt. The Ditch Company established this maintenance easement by prescription. 2. The Ditch Company shall have the right to stack silt, sediment and debris that it removes from the irrigation ditch within a designated area shown on the recorded plat of Lindies Lake Subdivision. This area shall not go beyond 367 feet south of Colorado State Highway 392. The Association and/or Developer will not interfere with the Ditch Company's use and maintenance of it's ditch within designated areas. The Ditch Company shall have full power to operate, maintain, alter, clean and manage its ditch. The Ditch Company will continue to control weeds by both burning and spraying. Materials excavated from the ditch may be placed on the easement. The ditch path/easement will be bladed smooth as soon as is practical. It is specifically agreed that normal maintenance and repair activities, including the operation of machinery for such purposes upon the ditch right of way and within the ditch itself,shall not constitute negligence. 3. The Association and/or the Developer is liable for all expenses for repairs and/or maintenance of the easement that is caused by them by accident, use, vandalism, contamination of irrigation, and/or flooding of the irrigation ditch and easement. The Association and/or the Developer will also be liable for crop and land damages if they are negligent in preventing adequate,quality water from flowing through the ditch owned by the Ditch Company. 4. Bill J. Hall as Developer and The Association, agrees to hold the Ditch Company harmless . (Waiver of Liability) from any injuries or property damage that may be caused to the homeowners, their families and/or guests that result from their use of the easement or involvement with The Ditch or the Sandtrap described more specifically in this Easement Agreement. They also agree that The Ditch Company is not held liable for personal or property damages caused by necessary maintenance of the Ditch such as use of chemicals, fire, smoke, equipment and from flooding. The Ditch Company will not be liable for water seepage from their easement. The Ditch company will be liable for equipment and/or fire damage outside of described easement caused by them. Smoke is specifically excluded form liability. 5. Until the Association has been legally established and has obtained liability, the Developer agrees to indemnify and hold harmless the Ditch Company and any shareholder or the owners of The Ditch Company for any and all claims or demands or injuries to persons, including death or damage to property, arising from The Ditch Company's operation or maintenance of the ditch in the easement area. 6. The Association and Bill Hall will maintain a minimum$1,000,000.00 or equal value for the time period, liability insurance policy that names the Ditch Company as an additional insured with regard to claims for damages or injuries which may arise regarding the operation or maintenance of the ditch by The Ditch Company. EXHIBIT 991356 7. The Developer agrees to record this Agreement or an executed copy thereof at the expense of the Developer, with the Clerk and Recorder of Weld County, and furnish a copy of said recorded document to each signer of this document. 8. This Easement Agreement shall be perpetual and effective from the date it is signed by the parties. The Ditch Company shall retain all of it's rights that it has obtained through it's many years of existence. 9. This Easement Agreement shall be binding on the owners,their heirs and any person or entity who shall thereafter acquire title to the property subject to this Easement Agreement. LINDIES LAKE HOMEOWNERS OLSEN DITCH COMPANY ASSOCIATION By: / BY: ,LZLGf ci a ) B Itl as Represen tive nice Binder,President of the Association ftill ' 1,Developer COunty11. Bank Modern Banking With. Old.Fashioned Service IRREVOCABLE LETTER OF CREDIT NO. 3 May 24, 1999 Board of County Commissioners ATTN.: Clerk to the Board P. O. Box 758 Greeley, CO 80632 Re: Bill Hall - Lindies Lake PUD Dear Commissioners: We hereby open our Irrevocable Letter of Credit in your favor for the account of Bill Hall, 1220 11th Avenue, Suite 201, Greeley, CO 80631, for a sum not to exceed the aggregate of$63,100. (Sixty-three Thousand One Hundred and No/100). Each draft so drawn must be marked "Drawn under WELD COUNTY BANK, 3635 23rd Ave., Evans, CO 80620, Letter of Credit No. 3 and be accompanied by a "signed statement from the Board of County Commissioners of Weld County, Colorado stating the applicant has committed a material breach of the Improvements Agreement according to Policy Regarding collateral for Improvements regarding Lindies Lake PUD dated day of , 19 by and between Bill Hall and the Board of County Commissioners of the County of Weld." This credit is subject so far as applicable, to "The Uniform Customs and Practice for Documentary Credit, 1983 Revision, The International Chamber of Commerce Publication No. 400." We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored and presented for payment to our main office, WELD COUNTY BANK, 3635 23rd Ave., Evans, CO 80620.1 This letter of credit will expire on May 24, 2000 at 5:00 P.M. This letter of credit is automatically extended without amendment, for additional one year periods from the current expiration or any future expiration date unless 60 days prior to such current expiration date WELD COUNTY BANK notifies beneficiary in writing that the letter of credit will not be renewed. In the case you receive such a notification, you may draw by presentation of the following: (a) a draft at sight on WELD COUNTY BANK; (b) a statement purportedly signed by an official of the Board of County Commissioners of Weld County, 3635 23r�t7g ren �, w"ox 59° Evans, Co® ° 80620 EX /HJ I B I T 9700 506°11000 Sax 97©050601937 c% Colorado stating that we have received notice from WELD COUNTY BANK the Letter of Credit No. 3 will not be renewed and that Bill Hall has failed to provide proof of adequate collateral and substitution of this Letter of Credit No. 3; (c) copy of letter from WELD COUNTY BANK stating non-renwal of Letter of Credit No. 3 and the original letter of credit. Yours truly, Edward A. Capra President& CEO g4 EXHIBIT JIDJ EASEMENT AGREEMENT This Easement Agreement is made this day of , 1999,between Lindies Homeowers Association (hereinafter Association), and Bill J. Hall(hereinafter Developer)of 1220 11th Avenue, Suite 201,Greeley,Colorado 80631,and Ray and Dorthula Lohr of 32549 WCR 51,Greeley, Colorado 80631,Emanuel Roth Jr. by Gerald Roth,as attorney in fact, 32100 WCR 49 Greeley, Colorado 80631,and Richard and Linda Winter of 24959 WCR 66, Greeley, Colorado 80631 (hereinafter Ditch Company). The parties agree as follows: I. The Association and Developer hereby agree to grant and convey to the Ditch Company an easement of sixty five (65) feet south of Lindies Lake Subdivision's north property line running parallel to bearings N.46°09'04"E.241'and N58°05'07"E.695.65'which lies between the North Side Lateral and Weld County Road 51,as more sifically shown on the record plat of Lindies Lake Subdivision,which exists in the Northeast Quarter (NE'/) of Section Twenty (20), Township Six (6) North,Range Sixty-Four (64) West of the P.M. , Weld County, Colorado,for the purpose of operating,maintaining,repairing,delivering water,and removal of silt and dirt. The Ditch Company established this maintenance easement by prescription. 2. The Ditch Company shall have the right to stack silt, sediment and debris that it removes from the irrigation ditch within a designated area shown on the recorded plat of Lindies Lake Subdivision. This area shall not go beyond 367 feet south of Colorado State Highway 392. The Association and/or Developer will not interfere with the Ditch Company's use and maintenance of it's ditch within designated areas. The Ditch Company shall have full power to,operate, maintain,alter,clean and manage its ditch as if this agreement had not been made,and any expense or damages caused thereby the Developer and/or the Association shall not be chargeable to the Ditch Company. The Ditch Company will continue to control weeds by both burning and spraying. Materials excavated from the ditch may be placed on the easement. The ditch path/easement will be bladed smooth as soon as is practical. It is specifically agreed that normal maintenance and repair activities,including the operation of machinery for such purposes upon the ditch right of way and within the ditch itself,shall not constitute negligence. 3. The Association and/or The Developer is liable for all expenses for repairs and/or maintenance of the easement that is caused by them by accident,use,vandalism,contamination of irrigation, and/or flooding of the irrigation ditch and easement. The Association and/or The Developer will also be liable for crop and land damages if they are negligent in preventing adequate,quality water from flowing though the ditch owned by The Ditch Company. 4. Bill J. Hall as Developer and The Association,agrees to hold the Ditch Company harmless (Waiver of Liability)from any injuries or property damage that may be caused to the homeowners,their families and/or quests that result from their use of the easement or involvement with The Ditch or The Sandtrap described more specifically in this Easement Agreement. They also agree that The Ditch Company is not held liable for personal or property damages caused by necessary maintenance of The Ditch such as use of chemicals,fire, smoke, equipment and from flooding. The Ditch Company will not be liable for water seepage front their easement. 5. Until the Association has been legally established and has obtained liability,The Developer agrees to indemnify and hold harmless The Ditch Company and any shareholder or the owners of The Ditch Company for any and all claims or demands or injuries to persons,including death or damage to property,arising from The Ditch Company's operation or maintenance of the ditch. 41/4 or l.� ROTH FARMS Gerald&Janet Roth 32100 Weld County Road 49 ��'! y ' p'. ,i Greeley.Colorado 80631 ' 4303)-356-0299 rn CLE^, 9i0 r { ` .. TO it els-1O d4 "'Vt. ...y M»6 tea" ha �' yr BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO January 13, 1999 RE: Lindies Lake Subdivision Board Members: Yesterday I was at one of our larger irrigation meeting and was surprised to find out that the Lindies Lake Subdivision was in its final stage of approval. I have an irrigation ditch built though this purposed subdivision. The developer seems to have failed his duty to inform me that he was filing for this subdivision. He showed me at this irrigation meeting a map of the purposed lots. I feel that this case needs to be backed up so that the developer and the Board can review my concerns of having a small town located next to my irrigation ditch. The lot located in the northwest corner of the subdivision is very close to the ditch. This lot and our ditch cannot be compatible with each other. For this reason that lot needs to be eliminated. The ditch right-of-way needs to be fenced with a gate to keep animals and people away from our running water. We also need an agreement beyond the"Right To Farm"that waivers us from any and all liabilities for water, chemical, and fire damages. The size of our right-a-way and piling grounds needs to be defined and agreed on in writing. Until there is an agreement with this developer, the finalized form of this subdivision needs to be put on hold. Th Yo Gerald Roth EXHIBIT it St :Ti ROTH FARMS Gerald&Janet Roth ,� r,l ��, .;-1 32100 Weld County Road 49 E< c- : • • -- - Greeley.Colorado 80631 c^ }303)-356-0299 `r k� CLERK c/'7in 2" TO THE -sty- BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO FEBRUARY 7, 1999 RE: Lindies Lake Subdivision Board Members: I would like for the Members of the Board of Commissioners to review the Lindies Lake Subdivision case. The following points of concern should be considered in this review: 1.) A large part of the present Board was not involved with the decisions that were made up until now. The shareholders of our ditch company were not informed about the proposed rezoning of this land. 2.) Rezoning of this land places agricultural property and residential property into the same space. It also places two lots very close to our ditch. This area is an area covered with marsh type soil, grass,and cattails. This area is normally call a"Wetland"and should be left to wildlife with out being disturbed. 3.) Working with Bill Hall on coming to an"agreement" for the ditch easement, showed us that he is a greedy man that is only interested in producing more rights for himself. He is not going to be compatible with agriculture. 4.) The Board was misinformed that the development of this farm would not be destroying good farmland. This farmland has a good cement ditch, a gentle slope to the rows,medium length rows,desirable soil type excellent wasteway for the irrigation water,and a lake to store irrigation water until needed. These are features that every farmer is looking for in a farm. The farm has been farmed for the past 16 years by one of Weld Countries best farmers—Jerry Winter. 5.) The Planning Board denied this Subdivision. They were concerned that the three subdivisions, Intermit],Lindies Lake,and Olson would be to close and concentrated. Their ruling is that no two subdivisions can be adjacent to each other. The Olson and The Lindies Lake Subdivisions will be adjacent to each other. 6.) A large number of surrounding neighbors expressed their concerns of an additional subdivision being built in this area. Bill Hall is the only person that wants this rezoning. I am asking the Board to review this rezoning of agriculture land. Please exempt our ditch and easement from this subdivision. Please consider the concerns and rights of neighbors. I thank you for reviewing and denying this case. Sincerely Yours, � �zy Gerald Roth 1 EXHIBIT Hello