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Home My WebLink About992570.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING CONDITION OF APPROVAL #2.N OF USE BY SPECIAL REVIEW PERMIT#1217 - FAITH TABERNACLE CHURCH, CIO DANNY PERDEW 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, by Resolution dated October 13, 1999, the Board did approve Use by Special Review Permit#1217 for a Church in the A (Agricultural) Zone District, issued to Faith Tabernacle Church, Go Danny Perdew, and WHEREAS, at said hearing on October 13, 1999, the Board deemed it advisable to schedule a hearing on October 25, 1999, to consider whether the applicant has met Condition of Approval #2.n, and WHEREAS, at said hearing on October 25, 1999, the Board moved to Find that Condition of Approval #2.n has been met by Faith Tabernacle Church based on its willingness to agree to all of the items in the proposed agreement with item #4 being amended to state, "Existing ditch easement will not be released until the new underground ditch is accepted by the ditch owners," and the deletion of item #7, with the assurance that the trees and shrubs along the new ditch will not interfere with the irrigation system or will be replaced. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Condition of Approval #2.n of Use by Special Review Permit #1217 for Faith Tabernacle Church, do Danny Perdew, has been met. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COU ORADO IT /7. ATTEST: iambi • ;�. • I K. Hall, Chair Weld County Clerk to the Board _ i• ehegg ,+ l arbara . Kirkmeye , Pro Te BY: COC . Deputy Clerk t to the Board t /L, George E. xter APPROVED AS TO FORM ' _ C ✓ . J. ei e unty Attorney f 44 . // Glenn Vaalfi PPL, 992570 App), PL1325 oft This agreement concerns the existing irrigation ditch on the property identified as: LEGAL DESCRIPTION; Lots 2 through 7, block 1, of Peterson-Alexander Subdivision; being part of Section 16, T5N, R66W of the 6i°P..M., Weld County, Colorado. LOCATION; North of and adjacent to US Hwy 34 Bypass Frontage Road(28th Street), east of and adjacent to 71' Avenue (WCR 29). This agreement is between Faith Tabernacle Church, hereafter referred to as FTC, and users of the ditch. FTC is represented by Pastor Danny Perdew. The ditch users are: David l Jrano, Shannon Urano, Gary Weiderspon, Theresa Weiderspon, and their successors. Faith Tabernacle agrees to these conditions: • Deliver irrigation ditch to the same location, elevation, and flow rate. • Record an easement to provide ditch users' access for maintenance or repairs. • Allow physical access by the ditch users' for maintenance or repairs. • Existing ditch easement will not be released, and existing open ditch will not be abandoned, closed or altered in any way until the new underground ditch is completely constructed and approved by the ditch users. • FTC will bear any and all costs associated with changing the ditch. • Provide and engineered delivery system with: The ditch located underground, at minimum screened &grated at ends, capable of carrying a minimum of three(3) rights of water where a right is equal to one acre foot of water, cleanouts within 350 feet, with no 90 degree turns. • An independent consulting engineer review of the engineered delivery system, paid for by FTC, chosen by ditch users'. Changes recommended by the reviewing engineer, and approved by ditch users', will be incorporated into the design and construction of the new ditch, through FTC's engineer. • Ditch must be capable of delivering water during the Greeley-Loveland season (May I to Sept. 30). • Ditch is not accepted by the ditch users' until after a 2—season proving period. • Ditch users' are responsible for normal maintenance or repair costs after the proven system is accepted. • New underground ditch is completed prior to the completion of building construction. ,C 5 r) 7'L i325 2 of 2 • Ditch users' are not liable for damages or injuries related to the movement of irrigation water, actions of another party, natural disasters, or Acts of God. The preceding terms are agreed to on this date, by the following persons: Faith Tabernacle Church Pastor Danny Perdew Ditch Users David Urano _ Shannon Urano ' Gary Weiderspon —� /Theresa Weiderspon v6', .,, &nett toe& u it Nursery, Ltd. —; 35901 WCR 31 Eaton, Colorado 80615-8624 454-3856 l0 — IA -cc _ Lt ct.\ ca (Xi c_est -L+ 5 - C� ' a Fu. 4- I ) ("to ea_cC��- _. -I- r- cs Le_ 5 OO GC P -e.vt + A--0 14K ,,2-- 0, C1tor, root- S,? Ske� _ vk SI0(.. I J vt. o •C-- p, sot 2. ') 1-7O( . Fire - 17.11 ) Cot' rjeCti IS 5000D & h±I' +0 42t(1O .r S-4,.,- - .ce t-c o i1t• r'f. - - i ' lWOG !� 8th9!ery, Ltd. _35901 WCR 31 Eaton, Colorado 80615-8624 454-3856 c�llrLAID w•‘ T4.--\ c, 6erec, A_ 4 c-, 'ccc ` n �. �ca Loe_ y - \ \ ? r© cLicc 01 c) LA. 16 Le. � « R -�TeLAC. ofocv-y- Date: 10.20.99 • 343 east fourth sneer lot eland, colorado 80537 970663,0548 Danny A. Perdew fax 970.669,2384 Faith Tabernacle P.O. Box 3412 Greeley, CO 80633 RE: Faith Tabernacle Danny, As we discussed during our meeting today regarding the landscape barrier starting at the southeast corner of your property and running north along the easterly property line, our landscape professional initially recommended lilacs at 8 feet on center. This spacing is typical for this type of plant and, upon maturity, these plants will create a very effective visual barrier. In our opinion, the lilac spacing of 5 feet on center is more than adequate and will create a continuous hedge very quickly. Best regards, Brian Scott KENNEy&ASSOCIATES kenney et' associates • architects landscape architects urban designer! planner ,.. , ,,• li i..., I 0 4- a. veld County Planning Lek. C Lc', '- c , ,r,.._`: _ C^ : it I h.e:•e c. zt 0CT 21 1999 c; :c 1 z tz�-?Led 3 RECE4VFIre(: ‘` Ste.,:, U.,�. ) : ,.:... Ik-~ `'R4',^:'- I 5 ,„"A‘‘r,..,,,..",..,-, Y 1,J`--t-. 4 it, _ , 4 ` C eH\ ?.v .r At t. J Ccis`e CcF/�eti e\o c . 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