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Home My WebLink About20211162.tiffEXHIBIT INVENTORY CONTROL SHEET CASE USR18-0130 — CITY OF THORNTON Tyler Exhibit Submitted By Page # Description A. B. C. D. E. F. G. H. I . J. K. L. M. N. O. P. Q. R. Planning Commission Resolution of Recommendation Planning Commission Summary of Hearing (Minutes dated 7/21/2020) Planning Services 3 - 13 PowerPoint Presentation Surrounding Property Owners 14 - 19 6 - Letters of opposition (received 7/8/2020) Steve McClay 20 Letter of opposition (received 7/21/2020) Mark Koleber, Thornton Water Project Director Kathy Fabrizius (on behalf of Margaret Letter of opposition regarding the requested Schneider) 23 - 24 continuance (received 8/19/2020) Patrick and Kelly Letter of concern regarding Eminent Domain Auker 25 - 26 proceedings (received 8/20/2020) Jan Kulmann, City Request for continuance dated 8/20/2020 of Thornton Mayor 27 - 31 (received 8/21/2020) Letter of support dated 8/22/20 regarding the requested William R. Wycoff 32 continuance (received (8/23/2020) Kristine Smith, CLA, Email requesting confirmation of 8/26/2020 hearing March & Olive, LLC 33 - 34 (dated 8/24/2020) Request for continuance dated 8/12/2020 21 - 22 (received 8/13/2020) William R. Wycoff Map of current and proposed alignment, Zeiler Farms Cost Comparison, "Area of Operation" map, Kerr-McGee Gathering, LLC Easement Lands drawing Kathy Weinmeister 40 - 43 (received 8/26/2020) Wycoff presentation notes, Quebec alternative alignment, Quebec preferred alignment, path of 35 - 39 pipeline, letter dated 10/12/2018 (received 8/25/2020) Zeiler Farms, Inc. Seychelle Hicks Staff presentation and maps of possible right-of-way Public Works 118 - 125 use (received 9/16/2020) Kathy Fabrizius (on behalf of Margaret Schneider) Letter in opposition of proposed route, request use of 44 County Road 13 right-of-way (received 9/10/2020) Letter in opposition of proposed route, request use of Weld County public right-of-way easements (received 45 - 117 9/11/2020) 126 Email of appreciation (received 9/15/2020) Rebecca Hicks 127 -129 Statement presented to Board at 9/16/2020 hearing 2021-1162 EXHIBIT INVENTORY CONTROL SHEET - PAGE 2 CASE USR18-0130 - CITY OF THORNTON Tyler Page # Description Exhibit S. T. U. V. W. X. Y. Z. AA. AB. AC. AD. AE. Applicant AF. AG. AH. Submitted By Jill Triantaphyllis, Zeiler Farms, Inc. 130 - 134 Letter of concern dated and received 11/23/2020 Planning Services Planning Services Planning Services Planning Services Applicant Garrett Varra, Varra Companies, Inc. Richard Zeiler, Zeiler Farms, Inc. Planning Services Rebecca Hicks, representing Seychelle Hicks Kathleen Weinmeister, Zeiler Farms, Inc. Jill Triantaphyllis, Zeiler Farms, Inc. Memo regarding compliance with Weld County 135 - 136 Comprehensive Plan (received 4/14/2021) Farmers Reservoir and Irrigation Company (FRICO) 137 —138 letter of support (dated 4/21/2021) Letter from the City of Thornton with revisions to the 139 - 152 pipeline route (dated 4/22/2021) Memo regarding request for additional Condition of 153 Approval (received 4/29/2021) 154 - 198 PowerPoint Presentation (received 5/4/2021) 199 Letter of support dated 5/3/2021 (received 5/4/2021) Letter regarding proposed pipeline route through Zeiler 200 - 202 Farms, Inc. (received 5/5/2021) Memo regarding language correction in Finding #2.F of 203 the Resolution (received 5/5/2021) Statement read to the Board with corresponding 204 - 218 exhibits (received 5/5/2021) 219 Marked up map of Zeiler Farms (received 5/5/2021) Email regarding pipeline route across Zeiler Farms 220 (received 5/5/2021) Supplemental PowerPoint presentation (received 221 - 222 5/5/2021) 2021-1162 Vicinity Map i re • 1 s es e. {ra to e Thornton Water Project Location Map has sae The Amer r Lrn woun al Caeef 40weit vitae Jurcuansal *sal Camp Malmo= ��• Cerra Winn Inaba Q u`waat...w•c4 The pipeline travels north/south starting close to CR 92 and generally following CR 1 ,CR15andCR17 to CR 2. Vicinity Map Thornton Water Project Location: Map 1 X61 p4. earl tl�' R'Z.�-:.' f ,.,..��. •' C •f k y • an ell ▪ 1.--,▪ *_!!" _!!? 4-. rem P'T_•fi. ° J r. { -I� d, 3," I. `-fdaat69 PIPIT aster 1 C i i -r _ 1/40 V „ ' i. J ° l -iris 1, _.p` - A"_ C1 . °xi I � d j ' ` t st j �4P� • 1 r—' L.640:115--', , t 1 1 �•a. 3. I.�:c;Ly r !e , . , A rr as �r �I6 r 1"� `I I N a i0:1 1-\\:: ,.,. ::“,—.3el,.ian 4i59 Mt CRY tr, lwn,ta11. cc on -ii I'u Z 191' I1..wS,aarl aaw .aw•+rat,n_v l.syg•E1 1_ VMM ail s+. nu IMAM. i ISM" . S 3..,1•14111 LR A / ' VIM 51 1MY' sat rotasLk-raapalMid Canty -t- Sae Cant ate} — thawsane maul ALM.= l I ... L 4L. A. JL . Ma.= The pipeline travels north/south starting close to CR 92 and generally following CR 13, CR 15 and CR17 to CR 2. Vicinity Map U, CIC Us The dashed line shows where the pipeline is located in other jurisdictions. 11 CR12 1 Million gallon water tank is represented by the blue star l Highway 14 Highway 392 This section shows where the pipeline enters Weld County from Larimer County and travels south through parts of Timnath, Severance and Windsor to US HWY 34. This portion of the pipeline is located between US HWY 34 and CR 92 Example of the proposed water tank This image is an example of a water tank (Provided by the applicant). J Vicinity Map t. U a, The dashed line shows where the pipeline is located in other jurisdictions. q CR 54 U A portion of this section is between CR 13 and CR 15 and it aligns with CR 15 as it exits Johnstown. Pump station is represented by the red triangle This portion of the pipeline is located between CR 42 and US HWY 34 Vicinity Map The dashed line shows where the pipeline is located in other jurisdictions. 1 R 42 For the most part this section is between CR 15 and CR 17 and aligns with CR 17 as it approaches HWY 66. This portion of the pipeline is located between Hwy 66 and CR 42 Vicinity Map The dashed line shows where the pipeline is located in other jurisdictions. !CR1B HWY 52 I This section parallels CR 17 and also goes through parts of Firestone, Frederick and Dacono. This portion of the pipeline is located between CFA 8 and Hwy 66 Vicinity Map CR r t CR4� Pump station is represented by the red triangle This section parallels CR 17 and travels through the Dry Creek RUA. CR2 r This portion of the pipeline is located between CR 2 and CR 8 CR 6 CR4 ce C) DRY CREEK RUA The pipeline enters the corner of the RUA at the intersection of CR 6 and CR 17 R0CS• PROPSF TIFS Lle 1469Wit0ao11 ERN LTD PARTNERSHIP 1459 0004 D. C FA FMS ILLP,(5, INT) 1 C52:0002 Section of pipeline through the Dry Creek RUA The pipeline enters the RUA north of CR 4 and as it approaches CR 4 it exits the RUA and travels west and then south along CR 17 DRYCR EKRUA Section of pipeline through the Estate Zone area U N 'e 1% t4 \.h 04 '4 e, sy 'S tate • 4 4 \ N. R84 PUPA SAN T 0 CREST ESTATES Ar EXHIBIT 2 Hello, l • it In. tin r� . riftti My name is Steve McClay. I along with numerous others own property along the proposed path of the Thornton Water Project pipeline. Please correct me if I am wrong but from what I understand you as Weld county commissioners have denied Thornton the ability to put their pipeline in the Right of Way of county road 17.. Thornton says they have a signed statement saying that they can't use The ROW but Ms Amy Monchie in the Weld planning department has told me that Thornton has never been told that they can't use the ROW. If you have told them they can't use the ROW you have forced Thornton to procure easements on private property. By doing that you have abdicated your responsibilities as commissioners to us, the citizens of this county. I know you have heard this before and I will reiterate it, "We do not want the pipeline on our properties, regardless of the compensation". It's not about the money, it's about the land. We have worked long and hard to turn most of these farms from pretty run down, trashy, weed infested places, into show places. Per Thornton's easement contracts we are also only allowed to farm, plant bushes, or have secondary, emergency access roads over the easements, That means we can't build buildings, have paved roads, or even plant a tree within the easement. I have signed statements from a few of the larger landowners along road 17 south of highway 66 stating just that. They don't want this on their property either. By making Thornton put their pipeline on private property you have saddled us with the task of trying to negotiate an easement that will forever affect our land. And it's a very small compensation they are willing to pay. The county would benefit from this being in the ROW of rd 17 more than the private landowners would if it were put on our private land. The county would get the roads rebuilt, which have been neglected horribly for at least the last 30 years. It will also make our land diminish in value with a pipeline this size running through it. If you put the pipeline in the ROW of road 17, It will not diminish the value of rd 17 or the ROW. You all are elected individuals. I don't know if you polled any of the landowners in the pathway of this project in Weld county. But if you did, I bet they would say they didn't want it on their property, small landowner to large landowner. And, I'm willing to bet that if any. of you were land owners where this pipeline was coming through, you would be doing all you could to keep it off your property. Please reconsider this and allow Thornton to put the pipeline in the ROW of rd 17. The city of Firestone is allowing them to use the ROW of rd 17, Weld county should do the same.. If you look at the layout of the land, where it needs to go, and the "path of least resistance" to get it there. Road 17 ROW is where it needs to be. Thank You To alb concerned Weld County Commissioners, I am a landowner in the new path of the Thornton Water Project. As such landowner, I vehemently oppose this new path. Originally this project was planned by Thornton to go down the right- of-way of county road 17 from highway 66 south into Thornton. The city of Firestone is allowing Thornton to use the county road 17 ROW between county roads 24 and 26 for the project. Thornton indicated their initial plans were to use the county road 17 ROW from highway 66 South, you, as commissioners, have told Thornton that they cannot use the ROW of road 17. By doing that you have forced them to attempt to procure easements across private property. I, as a landowner along this path, would strongly urge all of you to reconsider this and allow Thornton to use the ROW of road 17 south of highway 65. I absolutely do NOT want this pipeline on any part of my property regardless of the compensation. ! am hopeful that the Board of County Commissioners will reconsider their initial decision and allow the project to be placed in the ROW of county road 17. This will remove the unwanted burden of landowners to negotiate a pitiful settlement for a permanent lifetime easement on their property which will forever compromise their ability to use their land as they wish. Thank ynf Thank LIAR Property owner date _kff Lstrer-L RaceAs Property owner ___ date To all concerned Weld County Commissioners, I am a landowner in the new path of the Thornton Water Project. As such landowner, vehemently oppose this new path. Originally this project was planned by Thornton to go down the right- of-way of county road 17 from highway 66 south into Thornton. The city of firestone is allowing Thornton to use the county road 17 ROW between county roads 24 and 26 for the project. Thornton indicated their initial plans were to use the county road 17 ROW from highway 66 South, You, as commissioners, have told Thornton that they cannot use the ROW of road 17. By doing that you have forced them to attempt to procure easements across private property. I, as a landowner along this path, would strongly urge all of you to reconsider this and allow Thornton to use the ROW of road 17 south of highway 66. I absolutely do NOT want this pipeline on any part of my property regardless of the compensation. I am hopeful that the Board of County Commissioners will reconsider their initial decision and allow the project to be placed in the ROW of county road 17. This will remove the unwanted burden of landowners to negotiate a pitiful settlement for a permanent lifetime easement on their property which will forever compromise their ability to use their land as they wish. Thank you, Property owner Property owner .attiS &r:s-rt tkito.4.41- 16AAJ akrt#4040‘. oiAANAI-vt datsa�.�4ancP date Zol --.2002-11 To all concerned Weld County Commissioners, I am a landowner in the new path of the Thornton Water Project. As such landowner, I vehemently oppose this new path. Originally this project was planned by Thornton to go down the right- of-way of county road 17 from highway 66 south into Thornton. The city of Firestone is allowing Thornton to use the county road 17 ROW between county roads 24 and 26 for the project. Thornton indicated their initial plans were to use the county road 17 ROW from highway 66 South/ You, as commissioners, have told Thornton that they cannot use the ROW of road 17. By doing that you have forced them to attempt to procure easements across private property. i, as a landowner along this path, would strongly urge all of you to reconsider this and allow Thornton to use the ROW of road 17 south of highway 66. I absolutely do NOT want this pipeline on any part of my property regardless of the compensation. I am hopeful that the Board of County Commissioners will reconsider their initial decision and allow the project to be placed in the ROW of county road 17. This will remove the unwanted burden of landowners to negotiate a pitiful settlement for a permanent lifetime easement on their property which will forever compromise their ability to use their land as they wish. Thank uni Property ownerdata_ k 0 t+trakt VuLte.109 Property owner c--"-Jpe,14; ite C. 1 cti date 1rsZ ola date 1' arZ°2-40 To all concerned Weld County Commissioners, I am a landowner in the new path of the Thornton Water Project. As such landowner, I vehemently oppose this new path. Originally this project was planned by Thornton to go down the right- of-way of county road 17 from highway 66 south into Thornton. The city of Firestone is allowing Thornton to use the county road 17 ROW between county roads 24 and 26 for the project. Thornton indicated their initial plans were to use the county road 17 ROW from highway 66 South, You, as commissioners, have told Thornton that they cannot use the ROW of road 17. By doing that you have forced them to attempt to procure easements across private property. 1, as a landowner along this path, would strongly urge all of you to reconsider this and allow Thornton to use the ROW of road 17 south of highway 66. I absolutely do NOT want this pipeline on any part of my property regardless of the compensation. I am hopeful that the Board of County Commissioners will reconsider their initial decision and allow the project to be placed in the ROW of county road 17. This will remove the unwanted burden of landowners to negotiate a pitiful settlement for a permanent lifetime easement on their property which will forever compromise their ability to use their land as they wish. Thank you, Property owner Vinstes- Cob tiov k r .— ire 6&irtesee.atir0\44444. t t Qom/' /i'+AnCa[e 7/34 O 2 t7 Property owner _ date To all concerned Weld County Commissioners, I am a landowner in the new path of the Thornton Water project, As such landowner, I vehemently oppose this new path. Originally this project was planned by Thornton to go down the right- of-way of county road 17 from highway 66 south into Thornton. The city of Firestone is allowing Thornton to use the county road 17 ROW between county roads 24 and 26 for the project. Thornton indicated their initial plans were to use the county road 17 ROW from highway 66 South, you, as commissioners, have told Thornton that they cannot use the ROW of road 17. By doing that you have forced them to attempt to procure easements across private property. I, as a landowner along this path, would strongly urge all of you to reconsider this and allow Thornton to use the ROW of road 17 south of highway 66. I absolutely do NOT want this pipeline on any part of my property regardless of the compensation. I am hopeful that the Board of County Commissioners will reconsider their initial decision and allow the project to be placed in the ROW of county road 17. This will remove the unwanted burden of landowners to negotiate a pitiful settlement for a permanent lifetime easement on their property which will forever compromise their ability to use their land as they wish. Thank t eur Property owner__.. feillapi A O twat; its catiretvi Property owner t2.FkeV.k Ste.- it)3/4eltasort, dat EXHIBIT From: Sent: To: Cc: Subject: Kristine Ranslem Tuesday, July 21, 2020 4:53 PM Diana Aungst Wendi Inloes FW: Ask Planning 2020-07-21 04:44 PM(MST) Submission Notification .sesSia.LB 3O Please see below. This was received after public portion was closed so this will be another exhibit for BOCC. Thanks! From: autoresponse@co.weld.co.us <autoresponse@co.weld.co.us> Sent: Tuesday, July 21, 2020 4:45 PM To: Ask Planning <AskPlanning@co.weld,co,us> Subject: Ask Planning 2020-07-21 04:44 PM(MST) Submission Notification Ask Planning 7020-07-2104:44 PM(MST) was submitted by Guest on 7/21/2020 4:44:36 PM (GMT -07:00) US/Mountain Name Value name Steve McClay phone 970-518-6850 emailaddress im4653aol.com I was at the planning meeting today for the Thornton Water Project. I could not believe the lies coming from the mouth of the rep from Thornton.. They haven't tried to acquire 1 piece of any easement by 'good faith negotiations" they offered us a laughable amount with a small bonus as a first offer then repeated the total 2 combined for the second and final offer then right away started scheduling condemnation hearings. They bullied ail of us from the very beginning. This project will compromise the comment value of our properties for perpetuity. How would you like someone driving through your back yard once a day that you don "t know and there's nothing you can do about it. If they are allowed to go down the rd 17 right-of-way south of highway 66 it would relieve us property owners of getting our property devalued forever, and they wouidn't have to try and reestablish the crops and native grasses. If they knew anything about sand they would know that if they upset it and move it it will only grow weeds and nothing at all. Please advise, if you see fit, the commissioners to have Thornton go down the rd 17 ROW when possible. It is the path of least resistance. Please, and thank you for reading. Steve City of irThornton Infrastructure Maintenance Center 12450 Washington Street Thornton co 80241-2405 wvvw thorntonwaterproject corn August 12, 2020 Via email: mfreemanweldgov.cor>n sjameldgv.com bkirkmeyer weld pv. corn smoreno weldgov.com kross weldgov.com Weld County Board of county Commissioners 1150 O Street PO Box 758 Greeley, CO 80631 Infrastructure Department Thornton Water Project 720-977-6700 Fax. 720-977-6202 FEE• Request for a Continuance, Use by Special Review Permit for Pipeline - Domestic Water, USR18-0130 Dear Commissioners: As you may recall. the City of Thornton CThornton") has applied fora Use by Special Review Permit for Pipeline — Domestic Water" (USR.18-0130) ("Permit") related to the construction of a domestic water pipeline in unincorporated portions of Weld County ("county"). The County Planning Commission held a hearing on July 21, 2020 to consider Thornton's Supplemental Permit Application, and informed Thornton verbally on that date, and provided in its July 21, 2020 Minutes approved on August 4, 2020, that it is recommending denial of the Permit to the Board of County Commissioners CBOCC"). This recommendation is disappointing, and came as a surprise given the extensive work Thornton has completed over the past year to meet the BOCC's previous comments related to this Permit. However, to allow Thornton time to review, and consider responses to, the Planning Commission's findings and resolution, as well as concerns expressed by the Planning Commission members before coming before the BOCC, Thornton respectfully requests that the BOCC continue its hearing on this Permit, currently scheduled for August 26, 2020 hearing to December 16, 2020. Thornton also respectfully requests that the Department of Planning Services provide public notice of the continued hearing. Thornton is willing to work with the Department of Planning Services regarding the cost of providing such notice. Though Thornton plans to present its application at a continued December 16. 2020, BOCC Land Use hearing because that is the process that Weld county has established in its Code Request for a Continuance, USR18-0130 August 12 2O2O Page 2 seption 23-2-490, by following this process, Thornton is not waiving any of its rights under CRS § 30-28-110 by appearing at that hearing Sincerely, agoAdt tfin, Mark Koleber Thornton Water Project Director E cc (via email) Jan Kulmann, Mayor Kevin Woods, City Manager Luis Corchado, City Attorney Brett Henry, Executive Director a Infrastructure Tom Parko, Director of Planning a rvices I-'linnn ❑a innc# Planner 6I 4I,u fu„gst, P tai nn na..r Bruce Barker, County Attorney Bob Choate, Assistant County Attorney Karla Ford, BOCC Office Manager I A a Jessica Reid From: Sent: To: Cc: Subject: Esther Gesick Wednesday, August 19, 2020 12:52 PM Jessica Reid Isabella Juanicorena; Jan Warwick; Diana Aungst; Tom Parko Jr. FW: Upcoming BOCC Hearing - Aug 26 - Thornton Pipeline From: Scott James <sjames a weldgov.com> Sent: Wednesday, August 19, 2020 12:48 PM To: kfab@rebeltec.net Cc: Esther Gesick cegesick@weldgov.com> Subject: Re: Upcoming BOCC Hearing - Aug 26 - Thornton Pipeline Thank you for your email. Esther, kindly make this part of the record. ** Sent from my iPhone ** Scott K. James Weld County Commissioner, District 2 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure,copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited on Aug 19, 2020, at 11:33 AM, "kfab@rebeltec.net" <kfab@rebeltecinet> wrote: Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. James, I am contacting you, out of concern, that the City of Thornton might ask you for a delay and try to get you to change the date of the hearing coming up on August 26th. If this happens I strongly request that you do NOT change the date for them. Our family just attended a court hearing on Friday where the City of Thronton was trying to get approval to take immediate possession of our property. No decision was made at that time, the judge said he needed to do some research before making a decision and their attorney had 14 days to turn in closing comments. When this court hearing was scheduled, our attorney asked them to consider a later 1 date - they refused I We requested a later date because we wanted to have a chance to discuss our issues of the location of the pipeline with you, the County Commissioners I am sure they are trying to obtain as many easements as possible so that they can prove to you that they have met the required number of signatures needed our family's property is located on County Road 13 just 1 and 3/4 of a mile north of Highway 14 They are demanding an easement crossing our entire property going north and south as well as another easement going east and west at the southern border of our property The north and south easement is dividing our property in half in an area that would be excellent for a future housing development that would provide great views of the mountains if the pipeline was approved at this location our property values would drop Basically if the project is approved the City of Thornton would benefit at our expense We prefer that they use County Road 13 for their project If that is not fesible then another location could be along the existing Sinclare Oil Pipeline that is located close to the eastern side of our property At [east our property would not be cut up by all these easements We have other easements on the property that include irrigation ditch easements, and an easement with North Weld County Water District Thornton has told us that it would be too expensive to locate along the Sinclair Pipeline but that is less than 1 /A rtf an! niu ila 3lar-Slr 4-I-Irr 1a rIrl re%rlrrin -'1 r♦r-,rrrk* IIrwrr (nr 4 kn etlrtaiIrrtir, lf't Lll U I,11,11C 13vvay, LI113 114lLJLJILJ FJI LJVIUC 0 3LI CI5I lL ill IC JtJ1 LI IC jiJIFJCIII IC instead of having to zig and zag across everyone's property The County Road 13 location would be better for us because it will not affect our property so negatively When making your decision please consider the people of Weld County, and take in to consideration of how the pipeline will affect property owners in Weld County This is something that we will have to live with and put up with as long as we own the property especially when you consider the limits the easement regulations and requirements would have on us Plus it will destroy the value of our property The City of Thornton has not worked with us, instead it seems that they are trying to force their way on our property without any consideration of how they will affect our property which has been in the family for nearly 80 years I also am suspicious of the answers they give when they say they can't use suggested routes, I really think they are only looking at the cheapest and easiest way for them to complete the project with out any regard to the effects it will have on the property owners and I don't think they are being honest with answers they are giving to us I just can't figure out why they are allowed to try to take immediate possession of our land when the project has not even been approved by you They haven't even acquired an easement along Douglas Road with La rimer County yet Thank you for your time and p[ease support the property owners of Weld County, keep the City of Thornton from destroying our property value Kathy Fabnzius (on behalf of Margaret Schneider, Property Owner ) EXHIBIT August 17, 2020 To: Weld County Commissioners 1150 0 Street Greeley, Colorado 80631 From: Patrick and Kelly Auker 2793 CR 17 Brighton, Colorado 80603 Re: Residents of Weld County involved in the Thornton Water Project Dear Weld County Commissioners, b 01'30 We are sending this letter to inform the Weld County Commissioners of The City of Thornton's lack of response on negotiations of the easement requested to install the transmission of a 48" water line. The aws are clear on a government Eminent Domain Easement: 1. Contact owner of the land needed with justification for cause; in this case L4 acres of land is needed per The City of Thornton a. We, as the landowners have repeatedly asked for cause with no response except that the City of Thornton will not redesign the alignment of the water line 2. City of Thornton must use current land values a. The City of Thornton has based their land values with land value data >6 years old 3. Terms and Conditions of Contract: The contract that The City of Thornton is requiring us to sign reads like a landowners worst nightmare. a. The City of Thornton wants the landowner to be responsible for all attorney fee's that may or may not come up forever. Regardless of which party brings it to court. b. Thornton wants to allow future pipeline easements without any further negotiations with the landowners. The City of Thornton will not consider any offers or changes in their proposed contract: a. Where, we as the landowners believed we were getting closed to settling with the City of Thornton (they were entertaining negotiations) only to be served with a letter threatening Eminent Domain. 5. As landowners we have had to hire an attorney to help fight this unjust easement. Kelly and I are not sure if Weld County Commissioners can help with this issue, but I would hope that our Weld County Commissioners would insist that the Eminent Domain petitioners follow the laws governing them and be able to negotiate terms and conditions with an attitude to come to a fair agreement with landowners. I helped successfully operate a large pipeline company for 37 years, I understand the importance of pipelines that are called upon to transfer water to growing cities. However, I also know the law and the City of Thornton is unjustly imposing requirements on Weld County residents. In closing, my attorney and I continue to make attempts to negotiate with The City of Thornton, even though The City of Thornton has filed Eminent Domain Proceedings against us We are still trying and I would appreciate the support of my elected officials [ respectfully ask that the Weld County Commissioners hold The City of Thornton accountable to following the law in this matter for the reasons - L dUUVe We have lived in Weld County for more than 28 years and think that Weld County Representatives have always ran Weld County with integrity at the highest level We hope this continues and is true for all Regards, Patrick and Kelly Auker Jessica Reid From: Sent: To: Cc: Subject: Attachments: Hello Mayor Kulmann, Esther Gesick Friday, August 21, 2020 10:04 AM Jan.Kulmann@cityofthornton.net Commissioners; Diana Aungst; Tom Parko Jr.; Bob Choate; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid FW: Thornton Letter: Request for Continuance Thornton_Weld County.pdf Your letter and request for acontinuance has been received and will be included in the public file for the Commissioners and staff to review. Please let me know if I can be of any further assistance. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street, '. O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning thecontents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kevin Ross <krossweldgov.com> Sent: Friday, August 21, 2O2O 10:01 AM To: Esther Gesick <egesick@weldgov.com> Subject: Fwd: Thornton Letter: Request for Continuance Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Jan Kulmann<ian.Kulmann@cityofthornton.net> Sent: Thursday, August 20, 2020 8:44:17 AM To: Mike Freeman <mfreeman@weldgov.com>; Barbara Kirkmeyer <bkir'kmeyer@weldgov.com>; Kevin Ross <kross@weldgov.com>; Scott James <sjames@weldgov.com>; Steve Moreno <smoreno weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Diana Aungst <daungst@weldgov.com> Subject: Thornton Letter: Request for Continuance Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Commissioners, 1 Attached please find a letter for your consideration related to Thornton's request for a continuance for the Use by Special Review Permit. I appreciate your willingness to collaborate. Thank you, Jan Jan Ku/mane Mayor, City of Thornton 9500 Civic Center Drive Thornton, CO 80229 Office: 303-538-7531 New Email: Jan.Kulmann@ThorntonCO.gov +City of Thornton City of Thornton City Hall 9500 Civic Center Drive Thornton, Co 80229 www.ThorntonCO.gov August 20, 2020 Via email: mfreeman cr_weldgov.com bkirkmeyer@weldgov.com kross@weldgov.com siames a�.weldgov.com smorenoRweldgov.com Weld County Board of County Commissioners 1150 C Street PO Box 758 Greeley, CO 80631 City Manager's Office 303-538-7200 FAX 303-538r7562 RE: Request for a Continuance, use by Special Review Permit for Pipeline — Domestic Water, u R 18-0130 Dear Weld County Commissioners: The city of Thornton (Thornton) was disappointed with the Weld County Planning Commission's (the "Commission") vote to recommend denial of Thornton's pipeline permit. We did however appreciate the Commission's acknowledgment that Thornton is entitled to the use and delivery of its water rights to its residents by way of a pipeline through Weld County. We also want to acknowledge the Commission's understanding of the difficulties Thornton faces in balancing landowner interests with the Board of County Commissioners' (the "BOCC") stated desire that Thornton acquire private easements for the pipeline. This acknowledgement goes to what makes Thornton tick — we are planners and good neighbors — and believe this is truly a Colorado trait. Way back in the 1950's we were a planned community, to be named after then current Colorado Governor Dan Thornton. We took that planning, cooperative mentality and created a robust Colorado community, growing with our Denver, Westminster, Aurora, and other neighbors, working together on water and transportation infrastructure. Later on, we supported our northern community neighbors in plans and efforts to improve and expand the 1-25 corridor in Weld and Larimer Counties. And, lest we forget, before our Thornton Water Project began in earnest, we supported the Northern Integrated Supply Project (NISP) because it is essential for the municipal water supplies of our neighboring Front Range comm unities. This gets us to our own water project, the Thornton Water Project, which is the epitome of our planning roots. You likely all know the history, in the 1980s Thornton leaders believed the city's water future was in the Two Forks Reservoir project in central Colorado. But as it began to look as though that project would not move forward, Request for a Continuance, U RIB -0130 August 19, 2020 Page 2 Thornton leaders were forced to look elsewhere for water and purchased water rights in northern Colorado We acknowledge that process could have gone better in the 1980's which is why today we have strived to be good and cooperative neighbors throughout this project and work with the 8OCC guidance to the best of our abilities Thornton understands the BOCC's stated desire in July of 2019 that Thornton secure more of the easements along the pipeline corridor prior to returning to the BOCC for formal approval of the USR We also acknowledge the BOCC's sentiment to avoid the use of Weld County rights -of -way and acquire these easements in a manner that provide financial benefit to private landowners along the pipeline route Thornton set out to do this and has made significant progress since Thornton appeared before the BOCC last July To encourage productive discussions with landowners, Thornton has offered payments above fair market value as incentive for property -owners to engage and finalize easement terms Many landowners have taken advantage of these incentives Unfortunately, as is often the case with large municipal and multi -jurisdictional projects, Thornton has not been able to come to agreement with every landowner Thornton has previously stated and continues to operate from the perspective of using eminent domain authority only as a last resort when reasonable efforts to reach mutual agreement have failed This is a standard that Thornton placed upon itself, and a standard that we believe we have met Thornton is confident that we can meet the expectations of the BOCC of having acquired nearly all of the easements necessary to construct the pipeline in unincorporated Weld County However, we would appreciate and request the Commission vote in favor of a continuance of our USR permit application hearing until December This will provide Thornton the opportunity to continue working towards acquiring most, if not all, of the easements required for the Thornton Water Project in unincorporated Weld County We feel there are a small group of people who don't want Thornton's pipeline project to succeed for whatever reason We know stopping the project is not a practical result a n d efforts to do so only prolongs the expenditure of everyone's resources instead of allowing us to identify additional ways of working together and leveraging resources where practicable We know this is not an easy issue for Weld County, and we feel that the extension of time requested will allow Thornton to achieve the BOCC's objective of approving a permit with most of the easements secured Request for a Continuance, U P18aO1 O August 19, 2020 Page 3 Y iime Thank you for your consideration Sincerely, Qatir i&anta.,,,_ I Mayor Jan Kulmann n n cc (via email) Kevin Woods, City Manager Tom Parke, Director of Planning Services Diana Aungst, Planner 1 EXHIBIT 'I, 3 ID 3 William R. Wycoff 333 County Road 17 Brighton Colorado 80603 August 22, 2020 Weld Board of County Commissioners 915 10th St Greeley, CO 80631 Subject: Thornton, USR18-0130 Request for Continuance, Wycoff support Dear Commissioners: The city of Thornton (Thornton) has contacted us requesting easement for the Thornton Water Project (TWP) pipeline across property we own along Weld County Road (CR) 17 between CR 2 and CR 4. This easement is part of the USR1$-013Q project. I understand that Thornton is requesting a continuance for a Board of County Commissioners hearing scheduled for August 26. While we remain in negotiations relative to the easement on our property, Thornton has been extremely cooperative and informative with us. We have shared concerns that have resulted in significant design and placement changes that should benefit both us and the project. Please consider accepting Thornton's request for a continuance to a later Board meeting in this calendar year. It meets Thornton's needs and seems to be in the best interest of Weld County residents and property owners. Thank you for your consideration. For questions please contact us at wwycoffbn7@aol.com or 303-659-7259. Respectfully, weamt ,P 4(po// Via email to: kford@wefdgov.com rHIBIT Jessica Reid From: Sent: To: Cc: Subject: Attachments: Good Morning Ms. Smith, � C� 1 �C7 � k .141 Esther Gesick Monday, August 24, 2020 9:43 AM Kristine Smith Diana Aungst; Tom Parko Jr.: Bob Choate; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid RE: BOCC hearing RE202558.pdf On Wednesday, August 26, 2020, at 10:00 a.m., the Board of Weld County Commissioners will be calling up the hearing for USR18-0130 for the City of Thornton. The applicant has submitted a request for a continuance; however, that decision is at the discretion of the Board, thus, staff has prepared a Draft Resolution and complete case file in the event they opt to proceed. The Draft Resolution is attached for your reference. Please let me know if I can be of any further assistance. Regards, Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 758/Greeley. CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. if you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kristine Smith <kristine@olivelaw.com> Sent: Monday, August 24, 2020 9:04 AM To: Esther Gesick <egesick@weldgov.com> Subject: BOCC hearing This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: Please confirm hearing scheduled for Wednesday August 2601, 2020 at 10:00 a.m. is still scheduled to occur. Thank you. Kristine Smith, CLA Certified Paralegal March & Olive, LLC C 1312 S. College Avenue Fort Collins.. CO 80524 1 (970) 484-3990, ext. 18 (970) 482-5719 fax This electronic message transmission contains information from the law firm of March & Olive, LLC, which may be confidential or privileged. The information is intended to be for the use of the individual orentity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this electronic transmission in error, please notify us by telephone (970-484-399o) or by electronic mail (kristine@olivelaw.com) immediately. 2 Weld Board of County Commissioners Hearing USR1B-0130 Subject: Location of County Road 17/Quebec North of County Road 2 2020-08-26 Honorable Chair and Commissioners. I am Bill Wycoff and live at 333 County Road 17. I appreciate this opportunity to present my family's thoughts and positions regarding the pipeline and the future location of County Road 17 The pipeline will cross County Road 2, just east of County Road 17, In doing so, it enters our farm field at the field's south end and travels over a half mile to where it exits at the north. Our situation is complicated by the disjointed intersection of Quebec and County Road 17. A study was done in 2008 to establish preferred alignments for this intersection and others on. County Road 2 between Highway 85, west to Highway 7. • Slide 01 shows the current road alignment and an initial, rejected alternative to eliminate the offset of WCR 17 from Quebec. Our home is located on the west side of CR 17, at the upper left of the slide, at the "WCR 17" identifier. • Our house and those of many neighbors are close to the road, such that this alternative looked horrific, truly disruptive to those of us who live there. Slide 02 is the Preferred Alignment as established in the Weld/Adams County Line Crossroads Alignment Study. Please note that this arrangement keeps the road as distant from the houses as possible. A significant improvement. This alternative was suggested by residents of the area and accepted as the superior solution. • Slide 03 shows the Path of the TWP through the field. • Slide 04 is an October, 2018 letter sent to the Board of County Commissioners requesting a commitment to the Preferred Alignment so that Thornton could use the east side of the proposed future Right of Way. There has been no response to our request. • To abide by the County's principal of not allowing any pipelines carrying fluids to be in a road right-of-way the proposed pipeline route has been set to be out of a theoretical right-of- way. • However, while the exact path of the future road is yet to be determined we request that the Commission reinforce the intent to follow the Recommended Alternative road plan. Placing the road along a different path would damage the quality of those who live along CR 17 and reduce efficient use of what will remain of the field • It has been good working with the Thornton Water Project engineering team. They have demonstrated strong willingness to meet, discuss options and work towards mutually agreeable solutions. A lot of effort and time been put into to refining the best solution to the road alignment situation. • I would be happy to answer any questions the Commission might have. WELD/ADAM/ COUnTY LiflE CRO//ROAD! ALlG111flEflT ITUDY WCR 17/Quebec Itreet (Alternative I) Pedal Flown April -June 2006 ft 'EI DOWADC rUMMS ((AM City of Thornton Fli F LLSl3LI R(.1 IIOLI* & L LLL\ I C; 771 North Weld/Adams County Line Crossroads Alignment Study Weld County Road 17/Quebec Street & Weld County Road 2/East 168th Avenue Intersection r Col 4t. > ser ois Detun tion 13'' Pond tog it THORNTON WATER PROJECT PROPOSED PUMP STATION PARCEL AND PIPELINE EASEMENTS WELD COUNTY PARCEL NUMBER 146933000019 a 200 400 600 DRAFT MAY 13, 2020 Scale In Feet October 12, 2018 Weld Board of County Commissioners 915 10th St Greeley, Co 80631 Subject: Thornton Water Project Pipeline Location Dear Commissioners: The city of Thornton (Thornton) has contacted us requesting easement for the Thornton Water Project (TWP) pipeline across property we own along Weld County Road (CR) 17 between CR 2 and CR 4. Thornton has informed us that Weld County has directed them to keep the TWP pipeline outside of Weld County rights -of -way (ROW) and to pursue easements with private property owners. In 2008 Weld County adopted a plan for realignment of Quebec Ave/CR 17 that would place the realigned section of the road on our property. The study can be found at: http://www.adcogov.oresitesidefaultifiles/482_0.pdf. w.adcogou.arg,sites/default/files/482_0.pdf. The relevant page is attached. Thornton's representatives have met with me on several occasions to determine a routing that will least affect the future of the property, and it is our desire to minimize encumbrances to maintain maximum flexibility. Thornton has proposed several alternatives for routing the pipeline, including purchase of an existing unused easement. Drawings are attached. We believe it is in our best interest to pursue the route across our property that places the waterline in the east side of the realigned ROW of Quebec Ave/CR 17. This will allow the greatest flexibility by maximizing useable land along the east side of CR 17. Please consider committing to follow the Recommended Alternative road plan and allow Thornton to install their pipeline in the future CR 17 ROW. It meets Thornton's needs and is in our best interest as Weld County residents and property owners. Thank you for your consideration. For questions please contact us at wwycoffbn7@aol.com or 303-659-7259. Respectfully, L3,62€4;ridi 2 tit William R. Wycoff Attachments dae Adriann n n C. Wycoff Thornton Water Project Zeiler Farms Cost Comparison Draft Estimate June 12, 202C Revised July 13, 2020 9. Total Length (ft) Current Request 4625 4520 Item et Unit . tynit Price Quantity Cost Quantity Cost 42 -inch Open Cut Steel Waterline ft $ 47t 4225 $ 2,006,875 3960 $1,881,000 Hwy/RR/Canal Common Tunnel Shafts ea $ 150,000 2 $ 300,000 0 $ - Common Tunnel ft $ 3,200 400 $ 1,280,000 0 $ - Larimer and Greeley Canal Tunnel Shafts ea $ 65,000. 0 $ - 2 $ 130,000 Larimer and Greeley Canal Tunnel ft $ 2,800 0 $ 160 $ 448,000 Highway 34 Tunnel Shafts ea $ 35,000 0 $ - 2 $ 70,000 Highway 34 Tunnel ft $ 2,400 0 $ - t 300 $ 720,000 Great Western Railroad Tunnel Shafts ea $ 65,000 0 $ - 2 $ 130,000 Great Western Railroad Tunnel ft $ 2,800 0 $ - 100 $ 280,000 Total'I $ 3,586,875 I $ 3,659,000 J Considerations Crossing of Highway 34, Great Western Railroad, and Larimer and Greeley Canal accomplished with a single, common 'tunnel. Crossing of Highway 34, Great Western Railroad, and Larimer and Greeley, Canal each tunneled seperately. When you contact us please reference: CUMMINGS MINGS 18-19HZ and Pro ant -1SHZ MAP KEY: LOCATIONS PROWANT 4-18HZ (11 wells) DAMORE 5-18HZ (8 wells) FOLLEY 9-13HZ (8 wells} CtJMMINGS38-19H1(13 wells) FACILITY SOUND WALLS For room Infof-m alion OR oil F cg -g; dOVOiOpiiTi It, Vii ji ti i( WatC; to for Coloradans foi I toil ► t i .info 1 ine'rqY Er "►�4'� 1irr.t=1` f�. 1 't , ifrah'.1114 [aXY 11/241016 Li 47 56F: P St ISCli M&M.tO Kt45lIuuI warn. *5ALi1LC1Cl.`. 1 'LIQApt61.ZO1l1?OE W. 1/4 COR.. SEC. 7, TSN, R67W FOUND 3 1/4" ALUM. CAP L.Y. NO. 34990 (SURVEY TIE TO P.O.B. I N 89°35'56" E 67.3711 (SURVEY TIE TO F.O.B. 2 S O3`49'33" F 69171') z V w IC PROPOSED 40' WIDE PERMANENT EASEMENT EXISTING PIPELINE EXISTING 30' WIDE WELD COUNTY ROAD 13 RIGHT-OF-WAY BOOK 86, PAGE 273 SO' WIDE PIPELINE EASEMENT RECEPTION NO. 1550115 OWNER'S FOOTACES OWNER ZEILER FARMS, INC. FOOTAGE 2614.74" LINE BEARING T DISTANCE LI S 00°05'22" W 142240' 12 S 44°34'35" E i 112.19' L3 J S 00°25'25'1%V 1057.35' 14 N 9012-0010011E 22.65' a. DETAIL NOT TO SCALE 20' 2 CD1 PERMANENT EASEMENT CENTERUN CERTIFICATE OF SURVEYOR: THIS IS TO CERTIFY THAT THE AtRiAtlitATWii&FilEtARED FROM FIELD NOTES OF ACT'"4i 1e(SMADE 7R UNDER NtY SUPERVISION A141D Nek SAME ne-,..Nn CORRECT TO THE BEST -tif THIS CERTIFICATE boE tt 'T .. LA3fRfi P$aT OR IMPROVEMENT SStAVEY PLO, ASDEFINEO B'I'�.'irs.i 51W)z AND CANNOT BE REL4D UP'C DETERMNf C KTARSP4IP.10 - LOVELAND AND CREELY Y CANAL r ; le 4415 tit est t lit DJ r►1 "� 4 r Z 30' WIDE PIPELINE EASEMENT RECEPTION NO. 2381652 20' WIDE POWERLINE EASEMENT RECEPTION NO. 2200748 SW. COIL SEC. 7, T5N, Rb7W FOUND 3 1/2" ALUM. CAP ILLEGIBLE (SURVEY TIE TO P.O.T. 1 N 66°14'32" E 175.16') F.(3,Y.1 (SURVEY TIE TO P.O.T. 2 N 01°24'47" E 1938.54') RANDALL K. FRENCH ` 1112011,:. " ' PROFESSIONAL I AND - Say COLORADO RECISTRATIO . `.9 zir ?15 lakt !®OTK% ".r-- A#t04i ist.4:t.1C°tUtw nSTAW iAW Yr Ll - V .K IWn LIMO & ANN %! 4$$TC7 1% Ha NIAMEY Willem wet to t vcA . nut opt- trimmoot off En. E"t%aIvl4'EMAY A.VAMO striaaC s.u.vpeterMII.%istti7v91 +(asi lnMt*} it it\ :FS. YIANA rwni ib6t]k:l•OS iu6nil EtArcI,.MNIK`1iAKIO% EXHIBIT "A" II EASEMENT LANDS PART OF W1/2 SW1f4, SECTION 7, T5N, R67W, 6TH P.M. WELD COUNTY, COLORADO 400' HORIZONTAL SCALE.. ^tI , 400 • I i i 4 I I • oi. P.O.B_ 1 BOO' Kerr-McGee Gathering LLC 1099 18th Street Denver, Colorado 80202 a I PROPERTY LINE WELD COUNTY PROPERTY OWNERS ZEILER FARMS, INC. RECEPTION NO.1586+625 PROPOSED 50' X 1275' ADDITIONAL TEMPORARY P.O.S.2 WORKSPACE L4 P.O T. 2 EXISTING PIPELINE • L1 CENTERLINE Of EASEMENT EXISTING ROAD PROPOSED 30' WIDE TEMPORARY WORKSPACE EXISTIfilaG WATER LINES EXISTINC PIPELINE EXISTING ROAD EXISTING FENCE EXISTING BURIED �-FIBEROFTIC LINE _ HIGHWAY 34 WESTBOUI HIGHWAY 34 ~ _✓5TBO N1 NOTES: 1. A IN DICATFr FOUND SECTION COIN 2. BASIS Of BEARING DERIVED FROM COLORADO COORONAT1 SYSTEM OF 193!3 NORTH ZONE. 3. THIS EXHIBIT WAS PREPARED SY: IIANDALL K. FRENCH. FES NO. 34312 FOR AND ON RENAL E OF 66/9 COW9U3 TI.NC. LtC 1EMS MRERTOfri AVENUE, SHERIDAN, WY 12401. UNLESS SIGNED. SEALED AND DATED, THM ES AMURAI iARY EXHI$1L 4. AU MEASURED DISTANCES ARE CRID, U.S. SURVEY FEET. COMI NED SLAtF FACTDL .999; 2932 CALCULATED MOH THE NORTHWEST CORNER OF SECTION 19, T5N, R6TW. 3. THIS DOCUMENT IS NOT A LAN° SURVEY FLAT OR 1mPROVEMEpMT SURVEY PLAT. O IS NOM) & RELIED UPCJ'( Fa THE ESTABLISHMENT Of ANY LAND BOUNDARY, EASEMENT, FENCE. BUtD#MG, OR OTHER FUTt;Rf IMPROVEMENT LINES. is OWNERSHIP INFORMATION TAKEN PROM WELD COUNTY PROPERTY PORTAL. AN I1IDEPENOENTTifii St ARCH HAS NOT BEEN PERFORMED BY OW Pvui,1 TO 609 CONSULTING. LLC 7 LOCATIONS OE UTlLifft . &ND FOREIGN PIPELINE WIRE DETERMINED FROM vISIBIE SURFACE EVIDENCE. THESE LOCATIONS IF SHOwk MAY NOT RE ACCURATE ORCOMPLETE. OTF'ER UTILITIES MAY EXIST AND ARE TO BE FIELD LOCATED RV OTHERS PRrOR TCl ExCAvATION. 609 CONSULTING, LLC SHERIDA. OFTTCF IL' 5SicdemAHn.r Sha..itn.1S'}Y+.w:ftZ Kr$0I Ph now te.ti4a1tc4 DRAFTED BY: Gig I DATE DRAFTED: 8/15/19 REVISED: 11120/19 I _ IAI0.'EfAND OFFICE h 7&% Xurt YnnS S. Atirnue IAnri.nc,..aio da gel IS Ph (Km 97.3476433 a CHIC -KID HY: RKF DAD E SW V [YED: i 0.018;191 1'18!19 T FILE NAME i b.- t 36 5-1111 FT "O: I 1 OF 1 Zeiler Farms, Inc. 5901 Sacajawea Way. Loveland, Colorado 80537-9339 June, 18, 2020 To the Weld County Planning Committee and Board of County Commissioners: EXHIBIT USQ.A51,_cas‘t The Zeiler Farm Corporation has been notified by the City of Thornton regarding an eminent domain situation for the Thornton Water Pipeline (TWP) on our property (W2SW4, Section7, Township 5 N). We have several concerns and considerations we'd like to communicate and enter into the record as Weld County looks to approve or deny the pipeline and considers stipulations or requirement for the Thornton Water Pipeline. We emphatically state the TWP belongs on the Country Rd 13 (CR-13) right-of-way. That right-of-way should be used on a first come first served basis for whatever utility service needs it locally or out of the area so as to conserve landowners privately owned land. The City of Thornton would most likely save expenses related to all theireminent domain tactics and perhaps even the cities/county/landowners would benefit from the `1WP right-of-way use. We strongly recommend that Weld County and others involved reconsider the use of County Rd. 13 right-of-way for the TWP. Other concerns and requests, related to the potential use of Zeiler Farms, Inc. land: We vehemently oppose the City of Thornton's current route (it currently does not run straight south the entirety of Section 7). The TWP is proposing a route on our property (Section 7) that runs parallel to Country Rd. 13 but it detours and cuts through our land as it gets closer to Highway 34, Greeley & Loveland Ditch and the railroad crossing which takes up more land that's planned for development. Our understanding is that this detour is more cost effective for the City of Thornton as stated by a City of Thornton representative. Here is what City of Thornton expressed as to why they need to cut through our land and not run parallel to County Rd. 13: "Zeiler prcftrs an alignment either complete&y along the west property line, or completely along the east property line. The east property line requires a quartet- mile out and back to re -join the alignment (1/2 -mile total) and is not acceptable to Thornton The west alignment requires tunneling of the Great Western Railroad, Hwy 34, and all separately?, and additional length to make these crossings work. In addition, the NE corner of WC'R 13 and Hwy 34 is a wet area. that will result in increased construction cost and potential permitting issues. ,. Zeiler Farms, Inc. totally disagrees with this assessment. In the past, Weld County used this corner as a road maintenance gravel storage facility and recently an oil & gas company was granted permission for tunneling in this area. Tunneling under this corner will not be an impediment. The City of Thornton will benefit economically and in population growth once this water pipeline is functional. So, the route that will save a landowner development land but cost a bit more to the City of Thornton is still in the best interest of all parties. As far as the City of Thornton running into a few more issues, those can be worked out with all the other issues the City is currently addressing. We respectfully request that Weld County supports and stipulates a requirement that the TWP runs adjacent, the full length of County Rd. 13 if they must use a portion of our land. It is unacceptable to us that they take up more usable development land just to save themselves a few dollars which they IA ill recover once the TWP is operational. If taking our very, valuable development land is necessary, the City should take theleast amount of land, i.e. follow the most direct route possible. We respectfully request that the above issues be supported by County planners, and our recommendations become part of the record for the Weld County hearings related to the TWP. Finally, we also request that Weld County consider including stipulations/requirements that protect landowners land value and ensure that the City of Thornton minimizes the land needed without using tunneling cost as an excuse. Respectfully, Richard Zeiler, President Amber Sample, Vice President Kathleen Weinmeister, Treasurer Jill Triantaphyllis, Secretary The Board of Directors for Zeiler Farms, Inc. Jessica Reid From: Sent: To: Cc: Subject: Attachments: Esther, Elizabeth Relford Friday, September 11, 2020 1:57 PM CTP Bob Choate FW: TWP - please protect our private properties from eminent domain by having Thornton use existing public ROW easements LDH to Ostrander - THornton Water Rights, 6.10.20.pdf; TWP Final Offer-_Nanda Devi LLC_20200427.pdf; Thornton Summons_SKM_C30820070815420 (June 2020).pdf Can you please make sure this email is included with the public record for TWP (USR 18-0130/PL2657)? Thank you, Elizabeth From: Elizabeth Relford Sent: Friday, September 11, 2020 1;55 PM To: Seychelle Hicks <seychelle.hicks@grnail.com>; Curtis Hall <chall@weldgov.com>; Tiffane Johnson <tvjohnson@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com> Cc: Rebecca Hicks <rebecca.r.hicks@gmail.com>; Bob Choate <bchoate@weldgay.com>; Tom Parko Jr. <tparko@weldgov.com>; Diana Aungst <daungst@weldgov.com>; Dawn Anderson (dranderson@weldgov.com) <dranderson@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Mike McRoberts <rnmcroberts@weldgov.com> Subject: RE: TWP - please protect our private properties from eminent domain by having Thornton use existing public ROW easements Thank you for reaching out to us, I am in receipt of your email. We will be sure your comments are included for the record. In addition, you are welcome to attend the Commissioners' hearing for TWP scheduled on Wednesday 9/16 at 10:00 am in the Weld County Administration Building hearing room. Sincerely, Elizabeth Relford Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: erelford@co.weld.co.us Office: (9 70) 400- 3 748 Cell: (970) 673-5836 Web: http►://www.co.weld.co.us 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Seychelle Hicks <seychelle.hicks@gmail.com> Sent: Friday, September 11, 2020 1:10 PM To: Curtis Hall <chall@weldgov.corn>; Tiffane Johnson <tvjohnson@weldgov.com>; Jay McDonald <imcdonald@weldgov.com>; Elizabeth Relford <erelford@weldgov.com> Cc: seychelle,hicks@gmail.com; Rebecca Hicks <rebecca.r.hicks@gmail.com> Subject: TWP - please protect our private properties from eminent domain by having Thornton use existing public ROW easements Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Jay, Elizabeth, Curtis and Tiffinee, I am the owner of a 50 -acre parcel of land in Johnstown that has been in my family for 117 years. My property is now being irreparably threatened by the Thornton Water Pipeline Project. I respectfully request your support in denying Thornton 1041 eminent domain permit approval on my private property and other private property owners' land, particularly when there are superior alternative options available. The most apparent solution is for Thornton's pipeline to use the long-established existing Weld County public ROW easements. These easements have been in existence for 100+ years where these property owners have been fully aware of the potential use of their land for public utilities. Destroying and encumbering additional private property serves no one. Thornton is being lazy at best in trying to take advantage of individual landowners and especially farmers instead of exploring superior alternatives in cooperation with neighboring counties. And more likely Thornton is acting with malicious and premeditated intent in their strategy to divide and conquer one landowner at a time. Thornton is trying to shirk financial responsibility and proper compensation by eminent domaining private property instead of using rightful public ROWS where they would be required to pay a pipeline "transmission fee" to Weld County. Thornton is further neglecting financial responsibility for their destructive pipeline by denying private property owners the right for a fair market appraisal reimbursed by Thornton. Instead Thornton is maintaining compensation below $5,000 plus incentives in order to avoid the legal requirement for fair market value appraisals. And now, Thornton is litigating their way through the courts trying to strong arm property owners into submission with onerous legal costs. it is time to stand up to Thornton's bullying and devious tactics that are hurting Weld County constituents, destroying private properties "into perpetuity" and avoiding just compensation for ongoing pipeline "transmission fees" to our county. Thornton is trying to rob Weld County of millions of dollars in property values, lost tax revenues and avoidance of Dro Der Di Reline transmission fees! 2 I have attached relevant documentation showing: 1) Thornton's intimidating and absurd Final Offer Letter terms that threaten eminent domain proceedings for my non-compliance, and 2) My attorney's reply to Thornton documenting their capricious behavior, unacceptable terms and property value destroying proposal in trying to seize my private land poised for development. 3)Thornton's Summons in Condemnation for an "Immediate Possession Hearing" Thank you for your careful review of this supporting documentation reinforcing our community's call to action to deny Thornton 1041 eminent domain approval and instead forcing Thornton to use existing public ROWs where valuable transmission fees can be recovered and private properties protected. Sincerely, T. Seychelle Hicks Nanda Devi LLC Email: seychelie.hicks@gmail.com Mobile: 303-929-0797 3 LARRY D. HARVEY PROFESSIONAL CORPORATION 5290 LTC PARKWAY, SUITE 150 ENGLEWOOD, COLORADO 80111 PHONE: (303:1220-7810 : ACSricU .E: (303) 8q0-7115 WWW, LARRYH ARVE ' LAW.CO M LARRY D HARVEY JULIA R. PRENDERGAST LHARVEY@LDHPC.COM JPRENDERGAST@LDHPC.COM June 10, 2020 IAMB RODRIGUEZ, UE , OSTRANDER DEr DINGESS, , PC 3 600 South Yosemite Street, Suite 500 Denver, Colorado 80237-1829 Phone: (303)-779-0200 dostrander@hrodla.com RE: Thornton Water Pipeline Dear Mr. Ostrander, I represent Nanda Devi LCC(Nanda Devi). We have reviewed the Thornton Water Project's (TWP) Final Offer to Purchase proposal dated April 27, 2020 and feel this offer to be unacceptable for a number of reasons. The project has multiple other superior alternative routes for this pipeline that should be explored by TWP instead of pursuing this condemnation for my client. My client's position, as supported by applicable law is as follows: 1 T P's Final Offer to Purchase proposal dated April 27, 2020 required either signature or presumed non-compliance triggering eminent domain proceedings by May 18, 2020 is procedurally invalid since Weld County has not yet given TWP 1041 permit approval. The Weld County public hearings are scheduled July 21, 2020 and August 26, 2020. 2) The Final Offer to Purchase amount of $7,890.00, which consists of $5,100 as "fair market value, plus a $2,790 discretionary "incentive amount" has no basis as proper valuation for this property, its future value or damages. No documentation has been shared by the TWP showing how they arrived at $5,100 as the "fair market value," especially considering Nanda Devi has had this property listed in the IVILS since July 14, 2018 for $1,200,0000 (prior to any notifications from TWP for interest in this property). Nanda Devi considers the offer of $5,100 to be completely inadequate for the current market value, the damages from 18 months plus of construction and does not take into account the ongoing easement damages and encumbrance of this property which will destroy the property's potential use and value. LARRY D. HARVEY P.c. 3) While Nanda Devi is currently using its property for agricultural purposes, the property's future value is based on residential development pricing which is documented in the "Decree of Partition: Hicks -Reynolds & Hicks v. Nanda Devi LLC, 2017 CV30396" 6" written by Weld County District Court Judge Todd Taylor. See excerpt below on Nanda Devi's intended current and future use of this property. In contrast, Tiffany Hicks questions the commissioner's methodology and maintains that Lot #3 is not as valuable as the other two parcels. Rather than selling as soon as possible, she plants for Nanda Devi to hold onto its parcel, lease it for farming, and then to consider selling it only after it commands a higher price than the =rent real estate market offers. Decree of Partition Hicks -Reynolds & HC/ls l!. Nanda Devi, LLC, 2017 CV 30396 Page 6 of 11 Furthermore, on both the north and south sides of this property, the adjacent properties have been annexed by the city of Johnstown and already built or been platted for residential development. In the Johnstown Transportation Master Plan prepared by Felsburg, Holt and Ullevig, Nanda Levi's parcel is included in its development planning and annexation strategy. Weld County Road 42 is designated as a Major Arterial road (see below) and the % section encompassing Nanda Devi's parcel is forecasted to increase to 349 households (882 t opulation) by 2.035. • c ■ LEGEND Short Range Projects (2008 thru 2013) r Mullin Range Projects (2014 thru 2020) Long Range Ptojeots (2021 thnr 2035) Figure 23 Roadway Improvement Man 4) For history about this property, in 2017 and 2018 anda Devi won a lengthy legal battle with family members who wanted to cash out. The original 130 year old Hicks Family LARRY D. HARVEY P.C. Farm was subdivided into 3 parcels where two of the owners could cash out and Nanda Devi could maintain this property as a working farm with the near future goal of development. This specific 50.41 -acre parcel that Nanda Devi now solely owns and is being threatened with this pipeline was considered the preeminent parcel for development based on: - its dual access to Country Road 42 and to the westerly access road, which the proposed pipeline will effectively block and destroy; its valuable number of senior water rights; and having minimal easement setbacks and encumbrances.. This is especially true compared to the original full parcel that runs next to Weld Country Road 17 that has prescribed 30 -foot easements for public utilities. Why is TWP not implementing the pipeline along County Road 17 that already has all necessary casements? Nanda Devi specifically chose its current parcel for its superior development capabilities, The MLS pricing of $23,805 per acre reflects development pricing, which also include valuable senior water rights favorable for development. 5) Should the TWP construct a pipeline on Nanda Devi's property, then there are significant resulting damages threatening its very potential development use by encumbering and blocking the very important and necessary secondary access onto the westerly access road, Section 5 of the Final Offer Letter explicitly calls attention to any future parcel subdivision and limits any easement or access over the pipeline by stating: - "Any future platting of the Property into multiple lots shall cause access to the Easement to be limited to those points at which public streets as shown on the plat cross the Easement. Access from individual lots abutting or incorporating the Easement shall be limited to emergency situations only. Public street intervals shalt be no less than 600 feet apart or landowner shall reserve utility access easements for maintenance vehicles to allow access through public streets within the subdivision to the Easement," Based on this explicit statement in Section 5 of the Final Offer Letter, Nanda Devi is not willing to be compensated for only the impacted land value at $23,805 per acre plus damages (impact to farming, etc.), but instead holds that this pipeline will destroy any ability for future development on all 50.41 acres of its property resulting in a future value damages award of 1,200,000. Should TWP offer Nanda Devi $1,200,000 as compensation, then my clients will agree to this pipeline and transfer ownership of the 50.41 acres to Thornton. l should note that my client is willing to pursue judicial review of the acts and omissions by TWP. Wanda Devi also does not understand why TWP is implementing the pipeline on its property when numerous other very viable and far superior options exist. A few of these options include: a) There is emailed correspondence and stated intent from February 15, 2019 (see Exhibit 1) to place this pipeline across the street on the neighbor's properly (Olsen Farm and Renewable Fiber a.k.a. RFI Holdings LLC). The current proposed drawings show a zigzag of the pipeline by running it through panda, Devi's property instead of a straight LARRY D. HARVEY P.C. line. The Olsen Farm is a much larger contiguous property that will be significantly less impacted by the pipeline easement as compared to my client's 50.41 acres. Renewable Fiber only has 5.86 acres of land with no option for development and currently acts as a mulch storage facility (See Exhibit 2). My client appears to be singled out for having the pipeline zigzag onto her property instead of maintaining a straight path through the Olsen and Renewable Fiber properties. Why is TM' P protecting Renewable Fiber's interests versus Nanda Devi's when John Doty of Western States Land Services emailed a representative of Nanda Devi on February 15, 2019 stating his confidence that the pipeline would go through the Olsen and Renewable Fiber properties and not impact Nanda Devi? b) County Road 17 is a major paved roadway that already has all needed prescriptive 30 - foot easements for public utilities. My client specifically did not want this parcel in the family legal proceeding due to these significant county mandated setbacks. TWP should utilize existing designated easements adjacent to linear disturbances instead of burdening additional private properties with a asem ents and encumbrances. c) Larimer County is actively fighting this pipeline and Weld County has yet to give a 1041 permit to TWP, therefore TWP lacks approvals for proceeding. Other experts such as Mike Chiropolos, Attorney & Counselor at Chiropolos Law, has also advised my client about other proposed alternative and more efficient routes for the TWP, 1n summary, there is no reason for TWP to be singling out my client Nanda. Devi with this property value destroying pipeline through its land. The TWP's action of commencing eminent domain before the 1041 and other applicable approvals is premature, reprehensible and unauthorized by law. All notifications and offer letters from TWP from March 3, 2020 onward should be sent to me. Nanda Devi will protect its rights in the property from this costly and damaging encumbrance, This exercise of eminent domain provides no value or benefit to Nanda Devi directly, to the surrounding community of Johnstown or to Weld County in general. Should you like to discuss further, please reach me at 303-220-7810. Sincerely yours, LA ;i I. T L t f, P.C. LDI-Tine Enclosure pry D. Harvey LARRY D. HARVEY P.C. Exhibit 1: Email to Nanda Devi from John Doty of Western States Land Services LLC (February 15, 2019) From: John Doty <igtotv@ws-Escom> Sent: Friday, February 1512019 12:29 PM To: Becky Hicks Subject: City of Thornton - Water Pipeline Project Becky, Thank you for taking the time to talk on the phone today, I appreciated getting to hear the background on your daughter's property and some of your concerns related to the pipeline. I have attached a screenshot from a map I have access to that shows the currently proposed alignment. The thin blue line would be the actual water line based on this alignment. As you can see, it is currently planned to be west of your daughter's property. If this is the ultimate alignment, the easement necessary for the pipeline would not impact your daughter's property at all. As we discussed, the designers are looking for obstacles in the field that might impact the alignment. If they Come across something that would lead to a change in alignment I will certainly let you know, otherwise, I expect the alignment will stay as it is_ I would be happy to meet with you out at the property to look at things in the field. That is part of my job so I am pretty flexible from a timing standpoint. Since you are coming from Evergreen maybe we can try and plan for a day when we expect good weather and when you have some free time_ Thanks, John L. Doty Western States Land Services, Inc. 505 North Denver Avenue Loveland, CO 80537 Phone: (970) 661-7602 Fax: (970) 667-6580 LARRY D. HARVEY ac. Attachment to Email LARRY D. HARVEY RC Exhibit 2: Aerial view of 5,86 acre property owned by Renewable Fiber `I Holdings LLC) - a.OMir 1t 41i 41. t"iv '',, as 11754 "r� .a i�:1+r 1 te• E t WELD COUNTY h' I " Pa hi -Pt;' 44Ilit'4 a r- �y � *.1:9 4. t2`ll^I�f T t ' .11? -II Its _ '" * . Q :0141 r'�L R■' �� N al al * � _ ° d.l ill y 41"4. i °• + yr- , y q t qi I114) 1 ft 1 d 'l • ' i rwg wUf>i5j�5'1w,4lrrhtya dli 5ptaPt >yi yids Canny t'aiotetfa rump niub,i'twiMIdskit cow firm anr,rrir,riui p Se and Is i ddrttrdt WO. Dz* Ilittrc flit rerpmr nn I tm mat may £K iil&r M1 be Winn ff, infrtr ,'xr,#vsnier rlihilllir THIS MAP 15 KR TO BE IJ P rt% rMVKIAIION .it If Legend Parcels Hi tYw*y 0 County Eteundaty Notes _3 _ Vq. p l ,, ZJ .1;' Aye • �u „ mare- �liWATER PROJECT April 27, 2020 FINAL OFFER TO PURCHASE WESTERN STATES Land Services, LLC Acnuisition and Relocation Specialists 505 N. Denver Avenue Loveland, CO 80537 Office: (970) 667-7602 Fax: (970) 667-6580 MAILED TIFIED MAIL RETURN RECEIPT REOUESTED Nanda Devi, LLC, a Colorado limited liability company 32460 Inverness Drive Evergreen, CO 80439 PROJECT: Thornton Water Project ("TWP")—Domestic Water Supply Pipeline PARCELS: 20aa7 PE, 20-7 TE FEE OWNER: NANDA DEVI, LLC, a Colorado limited liability company INTERESTS TO BE ACQUIRED: UIRED: Permanent Domestic Water Supply Pipeline Easement Temporary Construction Easement Dear Nanda Devi, LLC: As you are aware from prior communications, the city of Thornton ("Thornton") intends to acquire an interest in your property for the construction of a domestic water supply pipeline referenced above as the TWP* on March, 3, 2020 Thornton sent you a Notice of Intent to Acquire and Authority to Obtain Appraisal letter in which you were offered $5,100,00 as fair market value for the necessary easements. Thornton offered an additional $2,790.00 as an incentive payment provided that you accepted the offer and returned signed documents within 30 days of the date of the letter. To date we have been unable to reach an agreement. Thornton has determined that it will need to acquire the easement(s) described in the enclosed legal descriptions and depictions designated as parcel 204 FE for the permanent easement and 20-7 TE for the temporary construction easement, Copies of the proposed easement documents are also enclosed for your information. Page 1 of 2 In an effort to reach a voluntary settlement, Thornton is willing to extend the incentive offer for 21 days and hereby proposes Seven Thousand Eight Hundred Ninety Dollars ($7,890.00) as compensation for the property interests. In order to accept this proposal please sign and date the enclosed permanent and temporary easement conveyance documents and statement of authority in front of a notary, execute the W-9 form and return same to me using the enclosed self- addressed stamped envelope. If it is more convenient, I am a notary and am available to meet with you locally to notarize your signature and collect these documents. If you do not accept this proposal and return executed copies of the documents referenced above within 21 days from the date of this letter, Thornton will assume that you have rejected this offer and will initiate eminent domain proceedings to acquire the property interests. If it does so, Thornton may no longer be willing to pay the amount offered herein, and instead rely upon its initial opinion of value. We hope to reach an amicable resolution and that eminent domain will not be necessary. Please feel free to call me at your convenience to discuss these matters further. My contact information is provided below. Sincerely, .John Doty Western States Land Services, LLC. Land A cq tsitions Agent Office Phone: 303-938-1414 Cell Phone: 970-372-8088 Email: j si o I yCq ws-ls4c m Enclosures: 1. Permanent Easement Conveyance Form . Temporary Construction Easement Conveyance Form 3. Legal Descriptions (PE . TCE) 4. W-9 Form 5.Self-Addressed Stamped Envelope 6. Statement of Authority cc: Scott Twombly Holly Archer Page 2 of 2 DEED OF PERPETUAL NON EXCLUSIVE EASEMENT (Water Line) THIS DEED OF PERPETUAL NON EXCLUSIVE EASEMENT, is made this _ day of - -- , 2020, between Nanda Devi, LLC, a Colorado limited liability company whose address is 32460 Inverness Drive, Evergreen, Colorado 80439 ("Grantor"), and the City of Thornton a Colorado home rule municipality ("Grantee"), located at 9500 ivic Center Drive, Thornton, Colorado 80229. Grantor and Grantee may be individually referred to as a "Party" and collectively referred to herein as "Parties." W1TNESSETH I. That for and in consideration in the amount of Ten Dollars (10.00) and of the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, sells, and conveys to Grantee, its successors and assigns a Perpetual Non Exclusive Easement on, under, through, over and across property owned by Grantor, as described and depicted in Exhibit A (20--7 PE) attached hereto and incorporated herein by this reference the ("Property") to access, install, construct, enlarge, use, operate, maintain, replace, repair, reconstruct, improve, relocate, inspect, survey, test and remove, at any time and from time to time as may be useful to, or required by Grantee, water pipelines, conduits, vaults, meters, valves, manholes, access roads subject to paragraphs 2,a. and 5 below or any other underground water pipeline utility structures (including, but not limited to, communication facilities) and all necessary underground cables, wires and all improvements and appurtenances thereto, with above ground improvements limited to vent pipes and utility location markers ("Improvements"). 2. Grantor further grants to Grantee: a. While the property is unplatted and used for agricultural purposes the right to ingress and egress through, to, in, on, over, across and along Grantor's adjoining property to access the Perpetual Easement for the purpose of exercising the rights herein granted. To the maximum extent practicable, Grantee shall use existing gates, public roads, trails or facilities for access to avoid disruption to Grantor's adjoining property; b. The right to mark the location of the Perpetual Easement by suitable markers set in or on the wound; provided that permanent markers shall be placed in locations, which will not interfere with any reasonable use Grantor shall make of said Property. 3. Grantor reserves the right to use and occupy the Property for any and all lawful purposes consistent with the rights and privileges above granted and which will not interfere with or endanger any of Grantee's Improvements or otherwise interfere with Grantee's rights hereunder. Page 1 of 6 4. The Parties further agree that the uses of the Property by Grantor and the agreements concerning those uses shall be as follows; a. Grantor shall not itself or through other persons or entities, erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or allow the installation of other utilities on, over or in the Property without obtaining the prior specific written permission of Grantee; ht with the prior specific written permission of Grantee and to the extent that Grantee determines that such project will not interfere with or endanger any of Grantee's Improvements, Grantor may, install landscaping (except trees), pavement, curbs, gutters, sidewalks, trails, parking areas and associated curb cuts, driveways, fences, sprinkler systems, posts, poles or walls within the Property; e. Grantor for itself, , or through other persons or entities, shall take no action that would impair or in any way decrease or increase the ground level, or the lateral or subjacent support for the appurtenances and Improvements within the Property without obtaining the prior specific written permission of Grantee; d. Without liability for damage, Grantee may remove anything identified under subparagraphs 4.a. and b. herein that is placed on, over, or in the Property without the prior specific written permission of Grantee at Grantor's cost (including, but not limited to removal, court, collection and attorneys' fees and costs). In addition, Grantee shall have the right, without liability for damage, to cut, trim, control and remove trees, brush, and other obstructions that injure or interfere with Grantee's occupation or enjoyment of the Permanent Easement or Improvements. Grantor shall also be liable to Grantee for all costs (including, but not limited to restoration, court, collection and attorneys' fees and costs) associated with or arising from a violation of the terms of paragraph 4. 5. Any future platting of the Property into multiple lots shall cause access to the Easement to be limited to those points at which public streets as shown on the plat cross the Easement. Access from individual lots abutting or incorporating the Easement shall be limited to emergency situations only. Public street intervals shallbe no less than 600 feet apart or landowner shall reserve utility access easements for maintenance vehicles to allow access through public streets within the subdivision to the Easement. . Grantee shall restore or repair to its original condition or as close thereto as possible, except as necessarily modified to accommodate the Improvements any damages caused on said Property, arising out of the construction or reconstruction, maintenance or repair of said Improvements in the exercise of the rights hereby granted to Grantee. In addition, Grantee shall ensure that Grantor has access to the residence at all times during any construction, reconstruction, maintenance or repair of said Improvements, Paget of 6 7. In case Grantee shall permanently abandon the Perpetual Easement herein granted, and cease to use the same, all right, title and interest hereunder of Grantee shall revert to the then owner of the Property. 8. Grantee is responsible for obtaining any permits, approvals and consents, and meeting any other legal obligations or requirements including those imposed by any governmental authority prior to construction of Improvements within the Property. Grantor shall not object to or otherwise interfere with any application for any such permits, approvals and consents. 9. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. 10. Grantor promises and agrees to defend Grantee in the exercise of its rights hereunder against any defect in Grantor's title to the land involved or Grantor's rights to make the grant herein above contained. 11. The covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors and assignees. 12. The signatories hereto warrant that they have full and lawful authority to make the grant, covenants and promises herein above contained as Grantor, and the covenants and promises herein above made as Grantee. 13. The Parties agree that this Perpetual Easement shall be recorded, at Grantee's sole cost, in the office of the County Clerk and Recorder's Office in which this Perpetual Easement is located. IN WITNESS WHEREOF, the Parties have executed this Deed of Perpetual Easement effective as of the date first written above. [signature Pages Fallow] Page 3 of 6 GRANTOR: Nanda Devi, LLC, a Colorado limited liability company Signature: Title: STATE OF )ss. COUNTY OF Subscribed and acknowledged before me this day of 2020, by _ as of Nanda Devi, LLC, a Colorado limited liability company. WITNESS my hand and official seal, My commission expires: • Notary Public Page 4 of GRANTEE: CITY OF THORNTON, , OL0RAD , a Colorado home rule municipality Mark Koleber, Thornton Water Project Director ATTEST: Kristen N. Rosenbaum, City Clerk APPROVED AS TO FORM: Luis A. Corchado, City Attorney Senior Assistant City Attorney STATE OF COLORADO COUNTY OF ADAMS Subscribed and acknowledged before me this day of by Mark Koleber, Thornton Water Project Director, City of Thornton. WITNESS my hand and official seal, My commission expires: Notary Public 2020, Page 5 of 6 EXHIBIT A EASEMENT DESCRIPTION {METES AND BOUNDS INCLUDING SURVEY DRAWING) Page 6 of Civil_A C+,. i4rie EXHIBIT A Thornton Water Project — CIF 12-777 Nanda Devi, LLC PN: 105929100034 Parcel: 20-7 PE Date: February 17, 2020 LEGAL DESCRIPTION 7 i I P 7.1 f, r1 Pr -N-............mat, ava.......„.. A strip of land, 50.00 feet in width, located in the NE1/4 /4 of Section 29, T4N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N1/4 Corner of said Section 29 from which the C1/4 Corner of said Section 29 bears OO°46'29"E, 2631.26 feet (Basis of Bearing), thence OO°46'29".E, 417.55 feet along the West Line of the NE1/4 /4 of said Section 29 to the Northwest Corner of that tract of land conveyed to Nanda Devi, LLC as described in Decree recorded March 29, 2018, as Reception No. 4386476 of the records of Weld County, Colorado and the POINT OF BEGINNING; Thence continuing SO°4629"E, 6' 2 9 "E, 316.81 feet along the West Line of the NE I /4 of said Section 29; Thence N7498'45"E, 8'4 5 "E, 51.66 feet to the Easterly Line of the Westerly 50.00 feet of the NE1/4 /4 of said Section 29; Thence 1\10°46'29"W, 302.54 feet along the Easterly Line of the Westerly 50,00 feet of the E1 /4 of said Section 29 to the Northerly Line of that tract of land as described as said Reception No. 4386476; Thence N899 9'25"W, 50.02 feet along the Northerly Line of that tract of land as described as said Reception No. 4386476 to the POINT OF BEGINNING. Area = 15,484 square feet (03 55 acres), more or less. NOTICE According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon, Sheet 1 of 2 r. .L� '1,r Jr I f'• ' ! ALL . Irk . i.; L t7 {' tee/ S. t f/ rrf,, g i r 15 e _ �. ) ! i•L - rf�r \ 71eFai". -",-.2: t It‘i -r::'1;0;;:%.sr'm+4E14=— Frank N. •Drece'1 r �� ; ir, ,,N. • Colorados r fessional Land Surveyor 1` e 4305 ,, L 1500 l ansai 617 .-g, o . ont, CO 80501 L r� ,,,c; . L. Date: :14 7 20 c5. I'. f �R• r Fi lc: 20-7 PE 421720-1,gl -tit} Project: 1302-1 CA Li,. L • ;G.. •• U;. r• L. .•. NOTE: THIS EXHIBIT MAP IS INTENDED ONLY AS AN AID TO FOLLOW THE ATTACHED LEGAL DESCRIPTION AND DOES NOT REPRESENT A LAND SURvty PLAT ACCORDING TO COLORADO STATUTES. TEMPORARY ACCESS AND CONSTRUCTION EASEMENT THIS TEMPORARY ACCESS AND CONSTRUCTION EASEMENT, is made this day of , 2020, Nanda Devi, LLC, a Colorado limited liability company whose address is 32460 Inverness Drive, Evergreen, Colorado 80439 (Grantor"), and the City of Thornton, a Colorado home rule municipality ("Grantee"), located at 9500 Civic Center Drive, Thornton, Colorado 80229. Grantor and Grantee may be individually referred to as a "Party" and collectively referred to herein as "Parties." WITNESSETH 1. That for and in consideration of the sum of TEN DOLLARS other good and valuable consideration, and of the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor hereby grants to Grantee a Temporary Access and Construction Easement ("TCEt') for ingress and egress through, to, in, on, over, across and along property owned by Grantor, as described and depicted in Exhibit A (20-7 TE) attached hereto and incorporated herein by this reference the ("Property") for the purpose of construction and installation of water pipelines including all improvements and appurtenances related thereto ("Improvements"). This TCE further includes the right to use the Property for construction of the Improvements and equipment and material storage during construction. 2. The term of this TCE shall commence thirty (30) days after Grantee gives written notice to Grantor at the address set forth above of Grantee's intent to commence construction and shall continue for a term of eighteen (18) months from the date stated in the notice of intent to commence construction. Grantor also grants to Grantee the option to extend this TCE on a month to month basis, not to exceed one (1) year from the date of expiration hereof, for the additional sum of Sixty SixDollars ($66.00), per month upon Grantee's written notice to Grantor of exercise of the option to extend this TE. 3. Grantee covenants and agrees to restore the Property, including landscaping, fences, or other improvements existing on the Property at the time this TCE commences to a condition comparable to its condition prior to construction. 4. During the term of this TCE, Grantor shall not itself or through other persons or entities, erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or allow the installation of other utilities on, over or in the Property within said TCE, which may interfere with Grantee's full enjoyment of the rights hereunder. 5. The Parties hereto agree that neither has made or authorized any agreement with. respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, its agents or employees. Page 1 of . The covenants herein contained shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors and assignees. 7. The signatories hereto warrant that they have full and lawful authority to make the grant, covenants and promises herein above contained as Grantor, and the covenants and promises herein above made as Grantee. 8. The Parties agree that this ICE shall be recorded, at Grantee's sole cost, in the office of the County Clerk and Recorder's Office in which this TCE is located. IN WITNESS WHEREOF, the Parties hereto have executed this Temporary Access and Construction Easement effective as of the date first written above. GRANTOR: Nanda Devi, LLC, a Colorado limited liability company Signature: Title: STATE OF )ss. COUNTY OF ) Subscribed and acknowledged before me this - day of , 2020, by as _ - ----..... of Nanda Devi, LLC, a Colorado limited liability company. WITNESS my hand and official seal. My commission expires: . NOTARY PUBLIC Page 2 of 3 GRANTEE: CITY OF THORNTON, COLORADO, a Colorado home rule municipality Mark Koleber, Thornton Water Project Director ATTEST: Kristen N. Rosenbaum, City Clerk APPROVED AS TO FORM: Luis A, Corchado, City Attorney Senior Assistant City Attorney STATE OF COLORADO COUNTY OF ADAMS Subscribed and acknowledged before me this _.._ day of by Mark Koleber, Thornton Water Project Director, City of Thornton. WITNESS my hand and official seal. My commission expires: Notary Public , 2020, Page 3 of) CIVIL��::. fP4 EXHIBIT IBIT Thornton Water Project - CIP 12.177 Nanda Devi, LLC PN: 105929100034 Parcel: 20-7 TE Date: February 17, 2020 LEGAL DESCRIPTION (4Thornton . strip of land, 40.00 feet in width, located in the NE1/4 of Section 29, T4N, RO7W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING' at the N1/4 Corner of said Section 29 from which the C1/4 Corner of said Section 29 bears Soo°4h°29"E, 2631.26 feet (Basis of Bearing), thence OO°46'29"E, 417.53 feet along the West Line of the NE1/4 of said Section 29 to the Northwest Corner of that tract of land conveyed to Nanda Devi, LLC as described in Decree recorded March 29, 2018, as Reception No. 4386476 of the records of Weld County, Colorado; Thence continuing o W°46'2 "E, 316.81 feet along the West Line of the NE1/4 of said Section 29 to the POINT OF BEGINNING; Thence N74°3 8'45 `iE, 51.66 feet to the Easterly Line of the Westerly 50.00 feet of the NE1/4 of said Section 29; Thence 0°'46'2 "W, 302.54 feet along the Easterly Line of the Westerly 50.00 feet of the NE1/4 of said Section 29 to the Northerly Line of that tract of land as described as said Reception No. 4386476; Thence S8919'25 "E, 40.0.1 feet along the Northerly Line of that tract of land as described as said Reception No. 4386476 to the Easterly Line of the Westerly 90.00 fcct of the NE 1/4 of said Section 29; Thence SO°46'29"E, 332.45 feet along the Easterly Line of the Westerly 90.00 feet of the NE1/4 of said Section 29; Thence 874'38'45"W, 92.99 feet to the West Line of the NE1/4 of said Section 29; heet 1 of 3 - I v 1 1 ! Thornton WATFFI . P ,,!ECT EXHIBIT A Thence O°46 29" , 41.33 feet along the West Line of the NE 114 of said Section 29 to the POINT OF BEGINNING. Area = 15,593 square feet (0.358 acres), more or less. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event. may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Sheet 2 of 3 f L 'v LNO II rS ti f .., \, ,t .4 • r,0 ,. 4- ( • ) • III II J L { + I L • \ ' : J . 1� ■ t �t V 4 � Frank N. Dregel 0 Colorado :Pro,fession - - Land Surveyor Md243O5 1500 Kansas.f ve ?,.2-E..,-k1li o'font,CO 80501 , .'t h 5 t Date: • 2u171-26 Jo '• h v I 1. C', hltr 20-7 I021720-l..gl.doc Project: 1302-1 EXHIBIT A i � t w0 t tr3 LisF act' Ear sUW nzix z Wcn ace LIV:0 zwwo c:422O P l• i _ • f l ix 3 5.4 0 w w o t -{ „es s ear emr z cis 0 O z I Scale: 1 =1O0' THIS EXHIBIT MAP IS INTENDED ONLY AS AN AID TO FOLLOW THE ATTACHED LEGAL DESCRIPTION AND DOES NOT REPRESENT A LAND SURVEY PLAT ACCORDING TO COLORADO STATUTES. 1 I I a • fel t e < N zit co '{, W z-04 +� O) Pac _ m v# cog ,VC itb to e to z • IDma S CC _ Q C3 EL C•41 C J lad in N i US on W 8 Fes V) ttz Yy ' A t rt Pt1C L tal Q. i ZIAJ Form VII -9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification ' Go to www.frsagovIFormW9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. a 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Nanda Devi, L.LC, a Colorado limited liability company 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes. • individual/sole proprietor or I C Corporation ca single -member LLC wili 16 2 F El Other (see instructions) ! ti 5 Address (number, street, and apt. or suite no.) See instructions. U (13 6 City, state, and ZIP code 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) • S Corporation Q Partnership Q Trust/estate Limited liability company. Enter the tax classification (C=C corporation, 8=8 corporation, P=Partnership) Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check LLC if the LLC is classified as a single -member Lie that is disregarded from the owner ',Thiess the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner, 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside Me US.) Requester's name and address (optional) Enter your TtN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Pad i, later. For other entities, it is your employer identification number (FIN), If you do not have a number, see How to get a TIN, later, Note; If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number Cl or • Employer identification number Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) i am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U,t person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt. contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S, person D. Date PP - General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (iTiN), adoption taxpayer identification number (ATIN), or employer identification number (ON), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-iNT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1 098-E (student loan interest), 1096-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W9 (Rev. 10-2018) STATEMENT OF AUTHORITY Pursuant to ,R. . §38-30172, the undersigned hereby executes this Statement of Authority on behalf of Nanda Devi, LLC, a Colorado limited liability company An entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is; Nanda Devi, LLC The Entity is a: Colorado limited liability company (State type of entity and state, country or other government authority under whose laws such entity was formed) The mailing address for the Entity is: 32460 Iverness Drive, Evergreen, CO 80439 The name or position of the person(s) authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the Entity is: The limitations upon the authority of the person named above or holding the position described above to bind the Entity are as follows: (If no limitations insert "NONE") The instrument and recording information, including the County, of the document by which title was acquired is: Other matters concerning the manner in which the Entity deals with any interest in real property are: EXECUTED this Signature: Name: (Typed or printed) Title (if any); STATE OF SS: COUNTY OF The foregoing instrument was acknowledged before tie this By - - - behalf of Nanda Devi, I,,L.`, a Colorado limited liability company. Witness my hand and official seal. My commission expires: on Notary Public DISTRICT COURT, WELD COUNTY, COLORADO 901 - 9th Avenue, Greeley, Colorado 80631 Phone: (970) 475-2400 If Petitioner: CITY OF THORNTON, a home rule municipality of the State of Colorado ACOURT USE ONLYA, Respondents: NANDA DE I, LIB; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY; JAMES L SULLIVAN; MICHELLE LEE SULLIVAN; ANADARKO E&P ONSHORE LLC; NOBLE ENERGY, Il .; J & L PIPELINE CONTRACTORS INC Attorneys for Petitioner City of Thornton: WIDLUND LAW, L.L.C. Douglas S. Widltmd, #21042 7200 South Alton Way, Suite A220 Centennial, Colorado 80112 Telephone: 303-839-1550 Email: doug@butcherwidluud.com THORNTON CITY ATTORNEY'S OFFICE Joanne Herlihy, #17838 9500 Civic Center Drive Thornton, Colorado 80229 Telephone: 305-538-7210 Email: Joanne.Herlihy@ThomtonCo.gov Case Number: 2020 CV 30432 Division: SUMMONS IN CONDEMNATION THE PEOPLE OF THE STATE OF COLORADO TO: ABOVE NAMED RESPONDENTS You are hereby summoned and required to file with the Clerk of this Court an answer or other response to the attached Petition in Condemnation. If service of the Summons and Petition in Condemnation was made upon you within the State ofColorado, you are required to file your answer or other response within 21 plays after such service upon you, If service of the Sununons and Petition in Condemnation was made upon you outside the State of Colorado, you are required to file your answer or other response within 35 days after such service upon you. Your answer or counterclaim must be accompanied with the applicable filing fee. If you fail to file your answer or other response to the Petition in Condemnation in writing within the applicable time period, the Court may enter judgment by default against you for the relief demanded in the Petition in Condemnation without further notice, Additionally, upon a failure to appear and defend, the Court, without f 'urtier notice, shall cause the compensation to be determined and title vested in the Petitioner according to law. You are hereby notified that this is a special statutory proceeding brought pursuant to CRS. 38-1-101, et seq. This Summons is being issued pursuant to C.R, S. § 38-14 03, Any objections concerning the legal sufficiency of the Petition in Condemnation or the regularity of this proceeding must be raised by you as provided by C.R.S. § 38-1-109. This is an action in eminent domain as set forth in the Petition in Condemnation, a copy of which is attached hereto and made a part hereof Also attached hereto is a District Court Civil Case Cover Sheet, Motion to Set Hearing for Immediate Possession, Proposed Order Granting Motion to Set Hearing for Immediate Possession and Notice of Lis Pendens. Dated this 16th day of June, 2 02 0. Respectfully submitted, `ID LLTD LAW, L.L.C. /Douglas S. Widlund By Douglas S. Widlund, #21042 SPECIAL COUNSEL FOR PETITIONER CITY OF THORNTON CST OF THORNTON Joanne Herlihy, #17838 Senior Assistant City Attorney 2 I DISTRICT COURT, WELD COUNTY, COLORADO 901 - 9th Avenue, Greeley, Colorado 80631 Phone: (970) 475-2400 Petitioner: CITY OF THORNTON, a home rule municipality of the State of Colorado ACOURT T USE ONLY A Respondents NANDA DE I, LLC; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY; JAMES J. Case Number: 2020 CV 30432 SULLIVAN; MICHELLE LEESULLIVAN; ANADARKO E&P ONSHORE LLC; NOBLE ENERGY, INC.; J & L Division: PIPELINE CONTRACTORS INC. Attorneys for Petitioner City of Thornton: WIDLUND LAW, L.L.C. Douglas S. Widlund, #21042 7200 South Alton Way, Suite A220 Centennial, Colorado 80112 Telephone: 303-839-1550 Email: doug@butcherwidlund.com THORNTON CITY ATTORNEY'S OFFICE Joanne Herlihy, #17838 9500 Civic Center Drive Thornton, Colorado 80229 Telephone: 303-538-7210 Email: Joanne.Herlihy@ThorntonCo.gov PETITION IN CONDEMNATION COMES NOW City of Thornton, Colorado "Petitioner' } by and through undersigned counsel, and for its Petition in Condemnation alleges as follows, 1. This is an eminent domain action brought pursuant to the procedures set forth in Title 38, Article 1, Colorado Revised Statutes. 2, Eminent domain proceedings are expedited proceedings by virtue of CR.S. § 38-1- 119, and therefore, the provisions of Colorado Rules of Civil Procedure 16 and 26 do not apply, 3. Petitioner is a home rule municipal corporation of the State of Colorado, organized and existing pursuant to Article XX of the Constitution of the State of Colorado and Title 31, Colorado Revised Statutes, 4. Petitioner's authority to maintain this eminent domain proceeding is set forth in Article XVI, Section 7 and Article XX, Section 1 of the Constitution of the State of Colorado and in the Charter of the City of Thornton. Additional authority to maintain this action includes, but is not limited to, C.P.. . § 38-1-101, et seq. and C.R.S. § 31-35-402. 5. In Resolution No. 2019-136, Petitioner determined that to meet projected and anticipated population increases, Petitioner must expand its existing water system and water supplies to ensure reliable water service to Petitioner's water customers. 6. In Resolution No. 2019-136, Petitioner approved the construction, operation, and maintenance of a water project known as the Thornton Water Project ("TWP'), a water pipeline that will provide the infrastructure necessary to convey a City -owned water supply from northern Colorado to the City (the "Project"). 7. Petitioner has determined that there is a need and necessity for the Project to acquire the following property interests: (a) a Perpetual Nonexclusive Easement, the legal description for which is attached as Exhibit A, subject to the terms and conditions set forth in Exhibit B, and (b) a Temporary Access and Construction Easement, the legal description for which is attached as Exhibit C, subject to the terms and conditions set forth in Exhibit D (collectively the "Property"). 8. The Property is located in Weld County, Colorado. 9, The purpose for which the Property is needed constitutes a public purpose and is in furtherance of the public use of providing the City's customers the benefit ofPetitioner's decades - long planning for and investment in an additional high quality water supply to enhance the diversity and reliability of the City's water supply, provide drought resiliency, help address source water quality issues, and meet municipal and industrial demands of the City's water customers through 2065 and the necessary health, safety and welfare of the Petitioner's residents. 2 10. Petitioner has an immediate need for the Property and requires "immediate possession" of the Property, as that term is used in the Colorado eminent domain statutes and case law, in order to proceed with the Project. 11. Through this action Petitioner does not seek to obtain any water rights or rights to use water, either decreed or undecreed, permitted or unpermitted, tributary, non -tributary, or not 1101? non- tributory, designated or undesignated, is or are owned or claimed by Respondents or are in any way associated with the Property. Petitioner disclaims any interest in any water rights or rights to use water owned by the Respondents or in any uses of water associated with the Property. 12. Upon Petitioner's information and belief; fee title to the land upon which the Property is located is owned or purportedly owned by Nanda Devi, LLC ("Respondent - Landowner"). 13. Upon Petitioners information and belief based upon review of title work, the following persons or entities may have an interest in the Property, and are named as Respondents in this matter pursuant to C.R.S. § 38-1-102(1): a. The Board of County Commissioners of the County of Weld, State of Colorado is named as a Respondent as the Board may have an interest in the Property pursuant to a Right of Way recorded October 14, 1889 in Book 86 at Page 273 in the office of the Weld County Clerk and Recorder. b. James J. Sullivan and Michelle Lee Sullivan, as successors in interest to Harry R, Meyer, Jr. and Carolyn I. Meyer, are named as Respondents as they may have an interest in the Property pursuant to a Quit Claim Deed recorded September 8,1976 at Reception No. 169 300 in Book 776 in the office ofthe Weld County Clerk and Recorder. c, Anadarko E&P Onshore LLC, a Delaware limited liability company, as successor in interest to Champlin Petroleum Company, is named as a Respondent as it may have an interest in the Property pursuant to a Surface Owner's Agreement recorded April 2, 1987 at Reception No. 02094311 in Book 1151 in the office of the Weld County Clerk and Recorder, d. Noble Energy, inc,, a Delaware corporation, is named as a Respondent as it may have an interest in the Property pursuant to a Surface Use Agreement referenced in that Memorandum of Agreement recorded December 4, 2007 at Reception No. 3521368 in the office of the Weld County Clerk and Recorder. e. J & L Pipeline Contractors Inc., a Colorado corporation, is named as a Respondent as it may have an interest in the Property pursuant to a Statement of Mechanics' Lien recorded July 9, 2019 at Reception No, 4504007 in the office of the Weld County Clerk and Recorder, 3 14. Petitioner has no knowledge that this action affects the property of any persons under guardianship or conservatorship. 15. Petitioner is informed and believes, after review of the title work, that there are no persons or entities interested in the Property, as owners or otherwise, who have not been named as Respondents in this case. 16. Prior to filing this action, Petitioner negotiated in good faith with Respondent - Landowner in an attempt to acquire the Property. However, the compensation to be paid for the Property could not be agreed upon by the parties and further negotiations would be futile, necessitating the commencement of this condemnation action. 17. As this is a condermation proceeding in furtherance of a right-of-way for a water pipeline under section 7 of Article XVI of the Colorado Constitution, the attorney fee provisions of C.R.S. § 384-122(1.5) are inapplicable to this proceeding, WHEREFORE, RE, Petitioner prays: 1, That the compensation to be paid for the taking of the Property be determined in the manner provided by law. 2. Upon the payment of just compensation as provided by law, that the Court issue a Rule and Order to be recorded in the real estate records of Weld County, Colorado that conveys the following prope interests to Petitioner: (a) a Perpetual Nonexclusive Easement, the legal description for which is attached as Exhibit A, subject to the terms and conditions set forth in Exhibit B, and (b) a Temporary Access and Construction Easement, the legal description for which is attached as Exhibit C, subject to the terms and conditions set forth in Exhibit I . 3. That the Court enter an Order authorizing Petitioner and its employees, contractors, agents and all others acting for or on behalf of Petitioner or with its permission to enter on, take and retain possession of the Property for the Project as it deems necessary during the pendency of this proceeding, without interference from the Respondents, their successors, assigns, representatives, guests, invitees, or any other persons claiming any right, title or interest in the Property, by, through or under said Respondents. 4, That the Court determine the proper deposit to be made by Petitioner into the Court Registry stry for acquiring immediate possession of the Property. 5, That if the ownerships or interests in the Property are not correctly set forth herein, each of the named Respondents be required to set forth by answer the extent of his, her, its or their respective interest, and the names of any other interested persons or entities and the nature and extent of their interest in the Property. 4 6. That Petitioner be granted judgment of this Court condemning the Property for the public ose described herein upon payment of just compensation to the Respondents or other parties in interest as provided by law, and for a rule and order conveying the Property to Petitioner. 7. That the Court grant such other and further relief as the Court deems just and proper. Dated this 16th day of June, 2020. Respectfully submitted, W1DLUND LAW, L,L.C. SI Douglas S. Widlund By Douglas S. Widlund, #21042 SPECIAL COUNSEL FOR PETITIONER CITY OF THORNTON CITY F THORNTON Joanne Herlihy, 017838 Senior Assistant City Attorney E -filed Pursuant to CRCP 121, A duly signed original is on file at the offices of Widlund Law, L.L.C. Address of Petitioner: CITY OF THORNTON 9500 Civic Center Drive Thornton, Colorado 80229 5 DISTRICT COURT, WELD COUNTY, COLORADO 901 9th Avenue, Greeley, Colorado 80631 Phone: (970) 475-2400 Petitioner: CITY OF THORNTON, a home rule municipality of the State of Colorado ACOURT USE ONLYA Respondents: NANDA DE I, LLC; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY; JAMES I. SULLTVAN; MICHELLE LEE SULLIVAN; AN; ANADARKO O E&P ONSHORE LLC; NOBLE ENERGY, , INC.; J & L PIPELINE CONTRACTORS NC. Attorneys for Petitioner City of Thornton: WI:X/11ND LAW, L.L.C. Douglas S. Widiund, #21042 7200 South Alton Way, Suite A220 Centennial, Colorado 80112 Telephone: 303-839-1550 Email: doug@butcher idlund..eom THORNTON CITY ATTORNEY'S OFFICE Joanne Herlihy, #17838 9500 Civic Center Drive Thornton, Colorado 80229 Telephone: 303-538-7210 Email: Joanne, I3erlihy@Thornton O. gov Case Number: 2020 CV 30432 Division: DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING E COMPLAINT, COUNTERCLAIM, CROSS -CLAIM OR THIRD PARTY COMPLAINT AND JURY DEMAND l . This cover sheet shall be filed with the initial pleading of a complaint, counterclaim, cross -claim or third party complaint in every district court civil (CV) case. It shall not be filed in Domestic Relations (DR), Probate (PR), Water (W), Juvenile (JA, JR, 3D, N), or Mental Health (MH) cases. Failure to file this cover sheet is not a jurisdictional defect in the pleading but may result in a clerk's show cause order requiring its filing. 2. Simplified Procedure under C.R. C.P. 16.1 applies to the case unless (check one box below if this party asserts that .R, .P, 16.1 does not apply): [X] This is a class action, forcible entry and detainer, Rule 106, Rule 120, or other similar expedited proceeding, or C ] This party is seeking a monetary judgment against another party for more than $100,000, including any penalties or punitive damages, but excluding attorney fees, interest and costs, as supported by the following certification: By my signature below and in compliance with , R. C .P. 11, based upon information reasonably available to me at this time, "I certify that the value of this party's claims against one of the other parties is reasonably believed to exceed $100,000.00 a or pother party has previously filed a cover sheet stating that .R. .P. 16.1 does not apply to this case. This party makes a Jury Demand at this time and pays the requisite fee, See PR. .PI 38. (Checking this box is optional.) Dated this 16' day of June, 2020. Respectfully submitted, WIDLUND LAW, L.L.C. S/ Douglas S. Wt land By Douglas S. Widlund, #21042 SPECIAL COUNSEL FOR PETITIONER CITY OF THORNTON CITY OF THORNTON Joanne Herlihy, #17838 Senior Assistant City Attorney 2 DISTRICT COURT, WELD COUNTY, COLORADO 901 - 9th Avenue, Greeley, Colorado 80631 Phone: (970) 475-2400 Petitioner: CITY OF THORNTON, a home rule municipality of the State of Colorado SCOURT USE ONLY'S Respondents: NANDA DE 'I, LLC; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY; JAMES J. SULLIVAN; MICHELLE LEE SULLIVAN; ANADARKO E&P ONSHORE LLC; NOBLE ENERGY, INC.; J & L PIPELINE CONTRACTORS INC. Attorneys for Petitloaner City of Thornton: :II LIB LAW, L.L.C. Douglas S. Widiund, 421042 7200 South Alton Way, Suite A220 Centennial, Colorado 80112 Telephone: 303-839-1550 Email: doug@butchenvidlund.com THORNTON CITY ATTORNEY'S OFFICE Joanne Herlihy, #17838 9500 Civic Center Drive Thornton, Colorado 80229 Telephone: 303-538-7210 Email: Joanne.H 1ihy@Thornton o,gov Case Number: 2020 CV 30432 Division MOTION FOR IMMEDIATE POSSESSION Petitioner, the City of Thornton ("Petitioner" or "City"), requests the Court enter an Order for Immediate Possession of the property interests to be acquired by Petitioner as described in the Petition in Condemnation (the "Property"). As grounds therefor, Petitioner states as follows. 1. This eminent domain action is brought pursuant to C.R.S. § 384-101, et seq., Petitioner needs to acquire the Property in furtherance of a public purpose, specifically, the construction, operation, and maintenance of a water project know as the Thornton Water Project ("TWP"), a water pipeline that will provide the infrastructure necessary to convey a City -owned water supply from northern Colorado to the City (the "Project"), as is more fully described in the Petition in Condemnation. This Project is necessary for Petitioner to expand its existing water system to ensure reliable water service to Petitioner's water customers and to enable it to meet projected population increases. 2. There is a public need and necessity to obtain and acquire the Property in order to allow Petitioner to complete the Project, which is in furtherance of the public use of providing the City's customers the benefit of Petitioner's decades -long planning for and investment in an additional high quality water supply to enhance the diversity and reliability of the City's water supply, provide drought resiliency, help address source water quality issues, and meet municipal and industrial demands of the City's water customers through 2065 and the necessary health, safety and welfare of the Petitioner's residents 2 3. Petitioner's authority to maintain this proceeding is set forth in the City's Charter, Article XVI, Section 7 and Article XX, Section 1 of the Constitution of the State of Colorado, C.R.S. 1-3 5-402 and C.R.S. § 38-1-101, et seq., among other statutes. 4. Eminent domain proceedings are expedited proceedings by virtue of CR.S. § 38-1- 119, and therefore, the provisions of .R.CPP. 16 and 26 do not apply, 5. Additionally, on September 24, 2019, Petitioner's City Council adopted Resolution No, 2019-136 authorizing this condemnation. 6. Per C.R.S. § 38-1-105(6)(4 upon the payment of a deposit into the Court's registry, Petitioner is entitled to obtain an order authorizing Petitioner to take possession of and use the Property: At any stage of such new proceedings ... the court, by rule in that behalf made, may authorize the petitioner F F , to take possession of and use, said premises during the pendency and until the final conclusion of such proceedings ... if such petitioner pays a sufficient sum into court, or to the clerk thereof, to pay the compensation in that behalf when ascertained. 7. In the Petition in Condemnation, Petitioner stated that it has an immediate need for possession and use of the Property. Petitioner also requested that this Court determine the proper deposit required and authorize Petitioner the right to immediate possession and use of the Property. 3 8. Prior to entering an Order for Immediate Possession, the Court must determine the amount of the deposit required and it may hold a hearing to ascertain the probable amount of the compensation that will be awarded to the Respondent -Landowner. See, Swift v. Smith 201 P.2d 609, 614-615 (Colo, 1948). Following a determination ofthe deposit, the Order for Possession may authorize the Petitioner to take possession of the Property effective 30 days after service or acceptance of service of the Petition in Condemnation, or earlier upon consent of the Respondent - Landowner, 9. At the hearing, Petitioner intends to offer competent evidence of: (1) Petitioner's authority to condemn; (2) the necessity of the Property for the Project; (3) Petitioner's immediate need to obtain immediate possession and use of the Property; (4) the failure of the good faith negotiations; (5) that the Project is in furtherance of a public purpose; and (6) the amount of the deposit that should be required. WHEREFORE, Petitioner requests this Court hold a hearing for Immediate Possession and thereafter enter an Order for Immediate Possession in Petitioner' s favor for possession and use of the Property, setting forth the amount of deposit necessary for possession, and granting such further and other relief as may be deemed appropriate, 4 Dated this 16th day of June, 2020. Respectfully submitted, WIDLUND LAW, L.L.C. /Douglas S Widlund B Douglas S. Widlund, #21042 SPECIAL COUNSEL FOR PETITIONER CITY OF THORNTON CITY OF THORNTON Joanne Herlihy, 017838 Senior Assistant City Attorney 5 DISTRICT COURT, WELD COUNTY, COLORADO 901 - 9tb Avenue, Greeley, Colorado 80631 Phone: (970) 475-2400 Petitioner: CITY OF THORNTON, , a home rule municipality of the State of Colorado Respondents: NANDA DE I, LLC; BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY; JAMES J SULLIVAN; MICHELLE LEE SULLIVAN; AN ARKO E&P ONSHORE LLC; NOBLE ENERGY, INC; J & L PIPELINE CONTRACTORS INC. ACOURT USE U S Case Number: 2020 CV 30432 Division: ORDER GRANTINGMOTION TO SET HEARING I FOR IMMEDIATE POSSESSION THIS MATTER comes before the Court upon Petitioner's Motion for Immediate Possession, Having read the Motion and being fully advised, the Court hereby ORDERS the Petitioner to set this matter for a hearing at which time all matters presented in the Motion for Immediate Possession will be presented. Done this day of _, 2020. BY THE COURT: DISTRICT COURT JUDGE DISTRICT COMM WELD COUNTY, COLORADO 901 - 9th Avenue, Greeley, Colorado 80631 Phone: (970) 475-2400 Petitioner: CITY OP THORNTON, a home rule municipality of the State of Colorado ACOURT USE ONLYA Respondents: NAND . DE I, LLC; BOARD F COUNTY COMMISSIONERS OF WELD COUNTY; JAMES J. SULLIVAN; MICHELLE LEE SULLIVAN; ; NADARKO E&P ONSHORE LLC; NOBLE ENERGY, INC.; J L PIPELINE CONTRACTORS INC. Attorneys for Petitioner City of Thornton: WIDLUND LAW, LL,C, Douglas S. Widlund, #21042 7200 South Alton Way, Suite A220 Centennial, Colorado 80112 Telephone: 3 3 39-1550 Email: doug@butcherwiditmd.com THORNTON CITY ATTORNEY'S OFFICE Joanne Herlihy, #17838 9500 Civic Center Drive Thornton, Colorado 80229 Telephone: 303-538-7210 Email: Joanne, Herlili ®Thornton o. gov Case Number: 2020 CV 30432 Division.: NOTICE OF ISIS PENDENS PLEASE TAKE NOTICE that on June 9, 2020, Petitioner City of Thornton instituted an eminent domain action in Weld County District Court, Case No. 2020 CV�, Division �. Petitioner seeks to condemn certain property interests as described in Exhibits A, B, C and D attached hereto located in Weld County, Colorado. Dated this 16th day of June, 2020 Respectfully submitted, WIDLUND LAW, L,L.C, S/ Douglas S. Widlund By Douglas S. Widhmd, #21042 SPECIAL COUNSEL FOR PETITIONER CITY OF THORNTON CITY OF TI ORNTON Joanne Herlihy, #17838 Senior Assistant City Attorney 2 DISTRICT COURT, WELD COUNTY, COLORADO 901 re 9th Avenue, Greeley, Colorado 80631 Phone: (970) 475-2400 Petitioner: CITY OF THORNTON, a home rule municipality of the State of Colorado S OURT USE ONLY A Respondents: NANDA DA DE I, LLC; BOARD OF COUNTY COMMISSIONERS IONER OF WELD COUNTY; JAMES J. SULLIVAN; MICHELLE LEE SULLIVAN; AN; ANADARKO E&P ONSHORE LLC; NOBLE ENERGY, INC.; I & L PIPELINE CONTRACTORS INC. Attorneys for Petitioner City of Thornton: WIDLUND LAW, L.L.C. Douglas S, Widlund, #21042 7200 South Alton Way, Suite A220 Centennial, Colorado 80112 Telephone: 303-839-1550 Email: dou @but herwidlund. com THORNTON CITY ATTORNEY'S OFFICE Joanne Herlihy, #17838 9500 Civic Center Drive Thornton, Colorado 80229 Telephone: 303-538-7210 Email: Joanne.Herlihy@ThonitonCo.gov Case Number: 2020 CV 30432 Division: NOTICE OF LIS PENDENS PLEASE TAKE NOTICE that on June 9, 2020, Petitioner City of Thornton instituted an eminent domain action in Weld County District Coin, Case No. 2020 CV�, Division _. Petitioner seeks to condemn certain property interests, as described in Exhibits A, B, C and D attached hereto located in Weld County, Colorado. Dated this 16th day of tune, 20204 Respectfully submitted, WIDLUND LAW, L.L.C. /Douglas S. Widlund By Douglas S. Widlund, #21042 SPECIAL COUNSEL FOR PETITIONER CITY OF THORNTON CITY OF THORNTON Joanne Herlihy, #17838 Senior Assistant City Attorney 2 Exhibit A to Petition In Condemnation CIVILARTS EXHIBIT Thornton Water Project lb- C1P 12:777 anda Devi, LLC PN: 105929100034 4 Parcel: 204 PE Date: February 17, 2020 IEOAL DESPRIPTION Thornton WATER PROJECT A strip of land, 50.00 feet in width, bested in the NEI/4 of Section 29, T4N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: POMIvIENCMIG at the 14114 Corner of said Section 2) from which the CI/4 Corner of sail Section 29 bears SOOM629"E, 2631,26 feet (Basis of Bearing), thence SOO°446429"E, 417.55 feet along c West. Line of the NEI/4 of said Sectian 29 to the Northwest Corner of that tract of land conveyed to Nanda bevi, Istie as described in Decree recorded March 29, 2018, as Reception No. 4386476 of the records of Weld County, Colorado and, the POINTS)? BEGINNING; Thence continuing O°46'29 "E, 31.6.81 feet along the West Line of the NE1/4 /4 of said Section 29; Thence N74°3 8'45" E, 51,66 feet to the Easterly Line of the Westerly 50400 feet of the NE1/4 /4 of said Section 9; Thence NOa4629h1 ', 302.54 feet along the Easterly Line of the Westerly 50400 feet of the ',E1/4 of said Section 29 to the Northerly Line of that tract ofland as described as said Reception No. 4386476; Thence N891 l ' 5" "'% SOJJ2 feet along the Northerly Line of that tract of land as described as said Reception No, 4386476 to the POINT OF BEGIN TIN I Area = 15,484 square feet (0.3 5 acres), more or less. NOTICE: A rding to Colorado law .you must commence any togM action based upon arty d I ct in this survey within thrco years aver you first discovered such met. In no event, may any action based .upon any Meet in this survey be commenced moan than ten years from the date of the certification shown hereon. Sheet 1 of 2 k 15 it ifiroto, es.%k;00 RgCryr,fiit"+�• - igi�r•� ' Frank s 24305 a is Colorado forossional Land.: ,I Surveyor N44O5 -' c` `' �•` 1500 ansa . ' n 'ont CO 80501 'Date: "Niters tir File: 204 RE 02172G 1,4oc Piton: 1302- I Ci"b DevtitoOlOuni ServIcfl for tin) Cornrnunittna of the Future EXHIBIT A Seale: 1rat 4 00• tee 4 2 7/20" Dw • * 13021 —EE Sheet 2 o1 2 THIS EMS ,' MAP 1$ IMMO) ONLY AS AN MID TO FOLLOW Ill M TACHED LEGAL DESORIP11ON AND DOES NOT REPIIIEStritt o LAND SURVEY PLAIT AMMON; TO COLORADO OUTWITS OVOM 07241 CIVILARTs Exhibit 1B to Petition in Condemnation TERMS OF PERPETUAL NON EXCLUSIVE EASEMENT (Water Line) The City of Thornton, a Colorado horde rule municipality located at 9500 Civic Center Drive} Thornton, Colorado 80229 ("City"), hereby acquires from Nanda Devi, LLC, A Colorado limited liability company whose address is 5290 DTC Pkwy., #150, Englewood, Colorado 80111 ("Landowner")a perpetual non-exclusive easement ("FE") in, on, over, across and along property owned by Landowner, as described and depicted in Exhibit A (20-7 PE) ,(attached hereto and incorporated herein by this reference. (the "Property") under the following terms and conditions: L PERMANENT EASEMENT. Under this PE, City and its officers, agents, employees, designees, contractors, guests, and invitees, and all those acting by or on behalf of it, have the following rights: at The right to access, install, construct, enlarge, use, operate, maintain, replace, repair, reconstruct, improve, relocate, inspect, survey, test and remove, at any time and from time to time as may be useful to, or required by City, a water pipeline, conduits, vaults, meters, valves, manholes,, access roads subject to Paragraphs 1.b. and 2.d. below, or any other underground water pipeline utility structures (including, but not limited to, communication facilities) and all necessary underground cables, wires and all improvements and appurtenances thereto, with - above ground improvements limited to vent pipes and utility location markers ("Improvements") on, under, through, over and across the Property. b. While the property is unplatted and used for agricultural purposes the right to ingress and egress through, to, in, on, over, across and along Landowner's adjoining property to access the .PE for the purpose of exercising the rights herein granted. to the maximum extent practicable, City shalt use existing gates, public roads, trails or facilities for access to avoid disruption to Landowner's adjoining property. e* The right to mark the location of the PE by suitable markers set in or on the ground;. provided that permanent markers shall be placed in locations, which will not, interfere with any reasonable use downer shall make �of said d Property. d+ City may remove anything identified under Paragraphs 2-.a. and. b. herein that is placed. on, over, or in the Property without the prior specific written permission of City without liability for damages arising therefrom. In addition, City shall have the right, without liability for damage, to cut, trim, control and remove trees, brush, and other obstructions that injure or interfere with City's occupation or enjoyment of the PE or Improvements. e; The right to restore or repair to its original condition or as close thereto as possible, except as necessarily modified to accommodate the Improvements any damages caused on said Property, arising out of the construction or reconstruction, maintenance or repair of said Improvements in the exercise of the rights hereby anted to City. The City Page I.oft shall have a reasonable amount of time to, make any restorations required under this Paragraph 1.e. 2. IMPROVEMENTS WITHIN EASEMENT. Subject to the requirements of this Paragraph, Landowner retains the right to use and occupy the Property for any and all lawful purposes consistent with and which does not impair or interfere with any rights and privileges granted to the City respecting the use of said PE and which will not interfere with or endanger any of the City's Improvements; a. Landowner shall not itself or through other persons or entities, erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or allow the installation of other utilities on, over or in the property without obtaining the prior specific written permission of City. b. With the prior specific written permission of City and to the extent that City determines that such project will not interfere with or endanger any of City's Improvements, Landowner may, install landscaping (except trees), pavement, curbs, gutters,. sidewalks, trails, parking areas and associated curb cuts, driveways, fences, sprinkler systems, postsP poles or walls within the property. ci Landowner for itself, or through other persons or entities, shall take no action that would impair or in any way decrease- or increase the ground level, or the lateral or subjacent support for the appurtenances and Improvements within the Property without obtaining the prior specific written permission. of City. d. Any future platting of the property into multiple lots shall cause access to the Ft to be limited to. those points at which public: streets as shown on the plat cross the PR. Access from individual lots abutting. or incorporating the PE. shall be, limited to emergency situations only. Public street intervals shall be no less than 600 feet apart or landowner shall reserve utility access easements for maintenance vehicles. to allow access through ublic streets within the .subdivision to the. PR 3. RUNS WITH THE LAND. This PE and the rights, benefits, and obligations created hereby shall constitute a burden upon the property and the estate of the Landowner in the underlying lands and shall run with the land and be binding. upon the Landowner and its successors, personal representatives, assigns and heirs. Page 2 of Exhibit to Petition in Condemnation OlVILAFiTS EXHIBIT A Thornton Water Project — 1 ' 12-777 Nanda .Devi, LLC P :105929100014 Parcel; :.6-71 Date: February 17, 2020 LEGAL, DESCRIPTION (31proidiscli A strip of Iasi, 40.00 feet 1n width, ideate. In the NE1/4 /4 of Section 29, T4N, R67W of the 6th P.M,, County of Weld, State of Colorado, described as follows: COMMENCINGat the N1/4 Corner of said Section 29 from which the CI/4 Corner of said Section 29 bears SOO°4629"E, 2631.26 feet (Basis of Bearing), thence SOO°46' 9"E, 417.53 feet along the West Line of the N81/4 of said Section 29 to the Northwest Corner of that tract of land conveyed to Nancia Devi, LLC as described in Decree recorded March 29, 201 S, as Reception No, 4386476 of the records of Weld County, Colorado; Thence continuing SOV4629"E, 316.81 feet along the West Lie of the NE1/4 of said Section 29 to the POINT QUEDINNINQ; Thence N74°38'45"E, 45T'E, 51.66 feet to the. Easterly Line of the Westerly 50.00 feet of the. NE1/4 /4 of said Section 29; Thence O°4679 W, 302.54 feet atonz the Easterly Line of' the Westerly $0.00 feet of the NEI14 of said Section 29 to the Northerly Line of that tract of land as described as. said Reception No. 4386476; Thence S891 9'25"E, 40,01 feet along the Northerly Line of that tract of land as described as said Reception No. 4386476 to the Easterly Line of the Westerly 90.00 feet of the NB1/4 /4 of said Section 29; Thence SCP46129"E, 332.45 feet along the Easterly Line of the Westerly 90;00 feet of the 1 /4 of said Section 29; Thence .914°38'45"W, 92.99 feet to the West Line of the NE 1/4 of said Section 29; Sheet 1 of 3 (/L Devilopmsni Ssrvicea for the Comniturmlen 01 the.Futurip. Thornton WATER PR ECT EXHIBIT A Thence N0c4.629"W, 41.33 feet along the West Line of the 1 1 /4 of slid. Section 29 the POINT OF aEGIl1'O, Area a-15,593 square foot (0.35$ acres), more or less, NOTICE: Accusing to Colorado law you must ooinmcnce any to l action based upon tiny di d :in this survey within tine year, i1Wr iyou first discovered ouch dolt. Thin° neat, inlay any action biased upon any daft hi this stow ha commenood more thin at pan from the date oft the certification Shown hereon. Slut 2 of 3 Colorado, Surveyor 1500 ansa* Date: r WI/ /di"? ice, leau'94% \ku Frank N. kei t& 4 3 0 5; n Pss °nal Lend/ a‘. ?05 190,2flititcpti", 61"2u4r ant, CO 8050! File; 20-7 tB 022022720-LS4w P t; 1302.1 EXHIBIT A :40 i� Dote: 02 17 20 Dwg .139_2144E Meet 3 of gla1/4 44. w3/4, ANE. 1/4%1/2k3/4%1/4. st kig 111B EXHIBIT MAP IS INTENDED ONLY AS NI AO TO FOLLOW mix ATTACHED Lim' , DESCRIPTION AND DOES NOT REPASS110 A. ° SURVEY PLAT ACCORDING O TO COLORADO STATUTE& dor • i * S r fq I rrn ammo 44itcsic4 tti i" OIVILARTS Exhibit D to Petition in Condemnation TERMS OF TEMPORARY ACCESS AND CONSTRLICTIUN EASEMENT The City of Thornton, a Colorado home rule municipality located at 9500 500 Chic, Center Drive, Thornton, Colorado 80229 ("City"), hereby acquires from Nanda Devi, LLC, A Colorado limited liability company whose address is 5290 OTC Pkwy., #150, Englewood, Colorado 60111 ("Landowner") a non-exclusive temporary access and construction easement "TCE") for ingress and egress through, to, in, .eri, over, across and along property owned by Landowner, as described and depicted in. Exhibit A (20-7 TE) attached hereto and incorporated, herein by this reference (the "Property") for the !purpose of construction and installation of a water pipeline including,, all improvements and appurtenances related thereto. ("Improvements"). This TCE further includes the right to use the Property for construction of the Improvements and equipment and material storage during construction, under and subject to the following terms and conditions: 1; TERM OF EASEMENT. The term of this TCE shall commence thirty (30) days after City, or its agent, gives written notice to Landowner at the address set forth above, of City's intent to commence construction ("Commencement Date") and shall font' ,, ue for a term of eighteen (18) months from the date stated in the noticeof intent to commence construction. In the event that the Project is not completed within the term of the TCE, City, or its agent, may give notice to Landowner thirty (30) days prior to the expiration of the term that it is extending the term of the TCE for up to an additional one (1) year and the Landowner shall be, paid a reasonable sum for each 'month of such extended TCE term. If the Commencement Date does not occur on or prior to January 1, 2025, this TCE shall automatically terminate. 2. USE 01? EASEMENT. City and its officers, agents, "employees, designees, contractors, guests and invitees and all those acting by or on behalf of it shall have the right to use the Property as follows: a. for ingress and egress through, to, in, on, over, across and along the Property for the purpose of construction and installation of a water pipeline g p eline including all Improvements, including use of the Property for construction of the Improvements and, equipment and material storage during construction; b. to restore the Property, including landscaping, fences, or other improvements existing on the Property at the time this TCE commences to a condition comparable to its condition prior to construction, except as necessarily modified to accommodate the Improvements described in Paragraph 2.4. The City shall have a reasonable amount.. of time to make any restorations required under this Paragraph 2.b. ce to remove objects or structures, temporary or permanent, interfering with the purposes described in Paragraphs 2.a. and 2,11 without liability for damages arising therefrom. . NO INTERFERENCE, During the term of this TCE, Landowner shall not itself or through other persons or entities, erect . or construct any building or other structure, or drill or operate any well,, or construct any permanent obstruction, or allow the installation of other Page: 1 of I. utilities on, over or in the Property within said TCE, which may interfere with City's full enjoyment of the rights hereunder. 4, RUNS WITH TIIE LAND. nits TCE and the. rights, benefits, and obligations created hereby -shall constitute a burden upon the Property and the estate of the Landowner in the underlying lands and shall run with -the land and be binding upon the Landowner - and its successors, personal representatives, assigns and heirs. 5. TERMINATION. This TCE shall terminate automatism* when the activities described in Paragraph 2 are complete, or on January 1, 2025 if City has not provided notice of the, commencement of construction, whichever occurs earlier, at which. time City will record a Termination of Temporary Easement with the Clerk and Recorder of Weld County, Colorado. T r Page 2 of Exhibit. A to Petition in Condemnation CIVILARTS EXEUNT Thornton Water Project 12s777 ,Naiads Devi, LW PN: 10592910034 Parcel: 204 PE Date: February 17, 2020 LEGAL DESCRIPTION etArrati A strip of land, 50,00 feet in. width, located in the NEI/4 /4 of Section 29, T4N, R67W of the 6th P.M., county of weld, State of Colorado, described as follows: COMMENCING t at the N114 Corner of said Section 29 from • hich the Cl/4 Corner of said Section 29 bears S00414629"E, 2631.26 feet (Basis of Bearin f thence -OO° ' 9"E, 41735 feet along the West Line of the NEI/4 /4 of said Section. 29 to the Northwest. Corner of that tract of land cortveyed to Nandi Devi, LW as described in Decree recorded March 29, 2018, as Reception No. 4386476 of the records of weld County, Colorado and the POINT OF BE 'G; Thence continuing SO°4629"E, 316.81 feet along the West Line of the NEI/4 /4 of said Section 29; Thence N74°32145" E, 51.66 feet to the Easterly Line of -the Westerly 50.00 feet of the NE1/4 /4 of said Section 29; Thence O°46!291 '', 302,54 feet along the Easterly Line of the westerly 50,00 feet of the I' 1/4 of said Section 29 to the.Northerly Zy Line of that tract dim' lan' de:scribed as said Reception No.. 4386476; Thence 148999 5" , 50.02 feet along, the Northerly Line of that. tract of land as described as said Reception No. 4386476. to. the POINT OP BEGINNING. Area = 15,484 square feet (0,355 acres), more or less. NOTICE! Accopling to. Colorado law ,you must coMmtttiCa any Jogai action basod upon any deft in, this survey within three yowl after you first discovered such defect. la no event, may ay action .bused ,upon any Meet in this SUMO), be comb:mod'more than ten years from the date of the certification shown hereon. Shit 1 ot2 �� won I iiJ lUfflot. '11/4RE %q! i* Frank lid Panpil 24305 Colorado -tot siona1 Land/ 21 Surveyor 44O5 +r , 1500 anss _ o (jot CO 80501 Late:Nett716. File: 204 PE O2 i 72O•Lg1, P jet: 1302-1 'A Donuhopn»rtj $orylcaist for US Cor :punitive of the Futurd EXHIBIT A 1(4 sifru tar) Scale: 1 11100! Date; 02/17/20 Dw 4: 130214 -EE Sheet 2 .6f 2 Now. THIS EXHIBIT MAP IS INTENDED ONLY AS AN AID 'TO "FOLLOW THE rTTACK° LEGAL OE5cRfP'1'ION MO DOES NOT REPRESENT dia LAND suMni PEAT AMORDINC TO COLoWtOo MUMS. I COY Alm= 07241 Mkt- __ !lh cs z'W Exhibit 8 to Petition in, Condemnation TERMS OF PERPETUAL NON EXCLUSIVE EASEMENT (Water Line) The City of Thornton, a Colorado home rule municipality located at 9500 Civic Center Drive, Thornton, Colorado 80229 ("City"), hereby acquires from Nand$ Devi, LLC, A Colorado limited liability company whose address is 5290 ITC Pkwy., 4150, Englewood, Colorado 80111 ("Landowner") a perpetual non-exclusive easement ("PE") in, on, over, across and. along property owned by Landowner, as described and depicted in Exhibit A (20-7 BE) (ached hereto and incorporated herein by this reference (the ccPro") under the following terms and conditions: I. PERMANENT EASEMENT, Under this PE, City and its officers, agents, employees, designees,contractors, guests, andinvitees, and all those acting by or on behalf of it, have the following rights; a, Theright to access, install, construct, enlarge, use, operate, maintain, replace, repair, reconstruct, improve, relocate, inspect, survey, test and remove, at any time and from time to time as may be useful to, or required, by City, a water pipeline, conduits, vaults, meters, valves, manholes, access roads subject to Paragraphs 1.13. and 24. below, or any other underground water pipeline utility structures (including, but not limited to, communication facilities) andall necessary underground cables, wires and all improvements and appurtenances thereto, with .above ground improvements limited to vent pipes and utility location markers. ("Improvements") on, under, through, over and across the Property. b, While the property is unplatted and used for agricultural purposes the right to ingress and egress through, to, in, on, over, across and along Landowner's adjoining property to access the PE for the purpose of exercising the rights herein granted. To the maximum extent practicable, City shall use existing gates, public roads, trails or facilities for access to avoid disruption to Landowner's adjoining property. Ca The right tomark the location of the PE by suitable markers setin or on the ground; provided that permanent markers shall be placed in locations, which will not, interfere with any reasonable use Landowner shall make of said Propertyi d. City may remove anything identified under Paragraphs la. and b. herein that is placed on, over, or in the property without the prior specific written permission of City without liability for damages arising therefrom. In addition, City shall have the right, without liability for damage, to cut, trim, control and remove trees, brush, and other obstructions that injure or interfere with City's occupation or enjoyment of the PE or Improvements. e. The right to restore or repair to its original condition or as close thereto as possible, except as necessarily modified to accommodate the Improvements any damages caused on said Property, arising out of the construction or reconstruction, maintenance or repair of said Improvements in the exercise of the rights hereby granted to City. The City Page 1of1 shall have a reasonable amount of time to make any restorations required under this Paragraph 1.e. qr . IMPROVEMENTS. WITHIN EA EMENT Subject to the requirements of this Paragraph, Landowner retains the right to use and occupy the Property for any and all lawful purposes consistent with and which does not impair or interfere with any rights and privileges grantetto the City respecting the use of said. PE and which will not interfere with or endanger any of the. City's Improvements: • i1 a* Landowner shall not itself or through other persons or entities, erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or allow the installation of other utilities on, over or in the Property without obtaining the prior specific written permission of City. b. With the prior specific written permission of City and to the extent that City determines that such project will not interfere with or endanger any QfCity's Improvements, Landowner may, install landscaping (excepttrees), pavement, curbs, gutters, sidewalks, trails, parking areas and associated curb cuts, driveways, fences, sprinkler systems, posts, poles or wallswithin the. Property. e. Landowner for itself, or through other persons or entities, shall take no action that would impair or in any way decrease or increase the ground level., or the lateral or subjacent support for the appurtenances and Improvements within the Property without obtaining the prior specific written permission of City. d. Any future platting of the Property into multiple lots shall cause access to the PE to be limited to those points at which public streets as shown on the plat cross the PE. Access from individual lots abutting or incorporating the PE shall be limited to emergency situations only. Public street intervals shall be no less than 600 feet apart or landowner shall reserve utility access easements for maintenance vehiclesto allow access through public streets within the subdivision to the PE, * RUNS WITH THE LAND, This PE and the rights, benefits, and obligations created hereby shall constitute a burden upon the Property and the estate of the Landowner in the underlying lands and shall run with the land and be binding. upon the Landowner and its successors, personal representatives,, assigns and heirs* IJ Page 2 of . Exhibit to Petition in Condemnation R CIVILARTS EXHIBIT Thornton Water Project SS. CIP 12477 Natick Devi, LW PN: 103929100034 Panel: 20-7 TE Date: February 17, .2020 LEGAL OESCRIPTION (qmarpettsi A strip of land, 4(100 feet in width,located in the "NEI/4 of Section 29, T4 , R67W f the 6tb P' F, County of Weld,. State of Colorado,described as ,follows; COMMENCING at the 1/4 Corner of said ection 29 which the C1/4 Corner of said Section 29 bears GO 46'29"E„ 2631.26 feet (Basis of Dearing),. thence OO°46'29", 41733 feet along the West Lim .o f the NBJ/4 of said Section 29 to the Northwest Comer of that tract of land conveyed to Wanda Derr LLB as described Decree recorded March 29, 201a, as Reception No. 4386476 of therecords of Wok' County, Colorado; Thence continuing SQO°46!29'1E, 316.81 feet along. the West Line of the NEI/4 /4 of said Section 29 to the POt t B t Thence N'74"3 8'45"E, 51,66 feet to. the Easterly Line of the Westerly 50k00 feet of the NEI/4 of: said Section 29; Thence NO°46129"Wo 302.54 feet along the Easterly Line of the Westerly 50,00 feet of the NE1/4 of said .Section 29 to the Northerly Line orthat of land as described as said Reception N& 4386476; Thence 8899925"E, 40.01 feet along the .Northerly Line of that tract of land as described as said Reception Nod 4386476 to the Easterly Line of the Westerly 90M0 feet of the B 1 /4 of said Section 29; Thence O°46'29"E} 332.45 feet along the Easterly Line of the Westerly 90.00 feet of the. 1 /4 of said Section 29; Thence 87498'45"W, 92.99 feet to. the West Line of the NE1/4 /4 of said Section 29; Sheet -1 of 3 CA. Developments Services lot Ott Co' ratmiies *1 the..Future ((3m 8TAW, EXHIBIT Thence O°46'29" , 41133 feet along the West Line of the NE1/4 /4 of said, Section 29 to the POINT OF BE.PMITNICt. Area = .15,593 square foe CO3$8 acres), more or less. NOTICE* According 10 Colorado Jaw you must common any Zeal action based upon any detbei In this' survey within three yetrat afirr you first: discovered such, defect. In no event, may any eotfon bend upon any defect in this survey be 'commenced shore than ten years from the date of the certification shown hereon. Sheet 2 of 3 � 4�'ti�;Bu it woo,. o,, N4\ ON mr' k %&I,7 • r ' e� Frank. N. gins n s 1 Colorado, ress LL& LandlEj Surveyor s4 4 O5 1500 � ' -F. i 'ant, -CO• SOS 01 Date:1/140 Uve 1J 7x216 File; 20-712 02I72O LsI.doc Prof 13D2• t EXHIBIT A scale: #-I00 Dote: 02 7 20 tawy: 13021"EE Mt VS EXHIBIT MAP IS' INT0CED ONLY AS AN AID TO POLLOW lilt ATTACHED LEGAL DESCRIPTION AND DOES NOT REPRESENT A LAN0 SURVEY PUT ACCORDING TO PIX0RAD0 STAMM Tyr' CIVIILARTs Exhibit l to Petition. in Condemnation TERMS OF TEIVITORARY ACCESS AND CONSTRUCTION EASEMENT The City of Thornton, a Colorado borne rule municipality located at 9500 Civic Center Drive, Thornton, Colorado 80229 "City"), hereby acquires from Nanda Devi, LLC, A Colorado limited liability company whose address is 290 DTC Pkwy., #150, Englewood, Colorado 80111 ("Landowner"). a nonaexciusive temporary access and construction easement ("ICE") for ingress and egress through,. to, in, on, over, across and along property owned by Landowner, as described and depicted in. Exhibit A (20-7 TE) attached hereto and incorporated herein by this reference (the Property) for the pose of construction and installation of a water pipeline including all improvements and appurtenances related thereto ("Improvements")* This ICE further includes the right to use the Property for construction of the Improvements and equipment and material storage during construction, under and. subject to the following terms and conditions: 1. TERM OF EASEMENT. The term of this TCE shall commence thirty <30) days after City, or its agent, gives written notice to Landowner at the address set forth above, of City's intent to continence construction ("Conunencement Date") and shall tontinue for .a term of eighteen (18) months from the date stated in the notice of intent to commence construction. In the event that the Project is not completed within the term of the TCE, City, or its agent, may give notice to Landowner thirty (30) days prior tothe expiration of the term that it is extending the term of the TCE for up to an additional one (1) year and the Landowner shall be, paid a reasonable sum for each month of such extended TCE term. If the Commencement Date does not occur on or prior to January 1, 2025, this TCE shall automatically terminate. 2. USE OF EASEMENT, City and its officers, agents, 'demployees, designees, contractors, guests and invitees and all those acting by or on behalf of it shall have the right to use the Property .as follows: a. for ingress and egress through, to, in, on, over, across and along the Property for the purpose of construction and installation of a water pipeline including all Improvements; including use of the Property for construction of the Improvements and equipment and material storage during construction; b. to restore the Property, including landscaping, fences, or other improvements existing on the Property at the time this TCE commences to a condition comparable to its condition prior to construction, except as necessarily modified to accommodate the Improvements described in Paragraph 2.a, The City shall have a reasonable amount of time to make any restorations required under this Paragraph 2.b. c., to remove objects or structures, temporary or permanent, interfering with the purposes described in Paragraphs 2.a. and 2.b. without liability for damages arising therefrom. 3. NO INTERFERENCE. During the term of this TCE, Landowner shall not itself or through other persons or entities, erect or construct any building or other structure, or drill or operate any well, or construct any permanent obstruction, or allow the installation of other Page 1 of 1 Utilities On, over or. in the Property interfere with City's full within said TCE, which may enjoyment of the rights hereunder. ` benefits, and �b1i�.a�.o�s 4. RUNS This TCB d the rightss�T� TIC �� bi the .�.��+ in. tia burden upon �th - ` pew a er arl its createdthe hereby shall ��rxs . and be �binding ug�� e underlying lands and successors, personal �hal�. a� with the land representatives, assigns and heirs. $.. TCE shall terminate automatic y notice activities TERMINATION. This has not provided descror on ,Janus 1, 2025 i City, of • �Paragraph complete, whichever occurs. earlier, at which time City will r-e�corr a Termination of Temporary Easementthe ��+f with e Clerk and Recorder of Weld Page 2 of 2. EXHIBIT USR18-0130 - Thornton Pipeline Right-of-way Evaluation • Good morning. Mike McRoberts with Public Works. II . ate, ka.►C\ U • On September 2nd Planning Services, Public Works and the City of Thornton had a Skype meeting to discuss possible locations where Thornton's water pipeline might be constructed within Weld County's right-of-way. • on September 4th, as a follow up to our meeting, the City provided the County an exhibit depicting six (6) areas where the pipeline alignment could potentially be within our right-of-way. The total length of right-of-way required in these areas will be approximately 4.8 miles. • After performing a precursory analysis, Public Works is relatively confident that the pipeline can be located within our right-of-way in the areas identified by the City of Thornton. • Without engineered construction plans showing underground utility locations and corresponding utility depths (obtained from potholing), Public Works is assuming that the pipeline will be located in the middle of the roadway with a minimum cover of 10 feet (which shall be measured from the crown, or top of, the pipe). Upon receiving engineered plans with surveyed information, it may be determined that locations other than the middle of the road are possible. However, for pipeline locations outside of the road section, temporary construction easements will likely be required, which will once again put Thornton in a position of having to negotiate with multiple property owners for access to private property. • Needless to say, there will be substantial road closures associated with installing the pipeline in the middle of the roadway. • It should be noted that the southernmost 2,800 LF of the pipeline alignment will fall within future right-of-way which strays from the section line in order for County Road 17 to line up opposite Quebec Street in Adams County. Public Works is recommending that the City of Thornton enter into an agreement to purchase the land necessary to accommodate the future right -of way, and that it be dedicated to Weld County to be accepted by the Board of County Commissioners. • Public Works is also recommending that the City of Thornton enter into an agreement stating that the City,, will relocate the waterline at its sole cost should future roadway improvements necessitate a vertical and/or horizontal shift in the waterline. • We do have Thornton's exhibit showing the six (6) affected areas, along with utilities that we have on record, that have been installed since 2010, if you would like to see it. • I'll be happy toanswer your questions. Thornton Water Project Overview Map t1 La -rimer County Thornton CITY OF THORNTON COLORADO 12450 WASHINGTON ST THORNTON, CO 80241-2405 I MN f 3,-Mna S 1 inch = 3.5 miles 0 diS ¶5 3 man Water Tank M *es tR WV WINDSOR 4 JQHNSTO AI BERTHOUD FIRESTONE APPROX. 4.8 MILES IN RIGHT-OF-WAY Pump Station 1 MILL IKEN t,,,,.• FREDERICK 1�',Jar OAC�ONO r -1 Area 1 , Pump Station 2 GEL tsREsr We Id County .n)s FOWT LUPTOM BRIGHTON Easement Acquired TWP nn Unincorporated Weld County TWP outside Unincorporated Weld County Railroad -- County Boundary Rivar1StrearniCanalv0itoh Lake/Reservoir I Lam' ri HUOSO 9!312020 rf Las N"'L7 Ci.'-1# _i -we rl d4- :a,-•,• G:= W •s 71ty+ya. 4 phrON !yQ5.°T•+tW`i tF3JEC`\r ASK 7R'ikRd 5":ny n'tAlkoPan LE9wu&'C xft"NC) 9N E:D _CCU Nrr 1%AR; NG 1201/45 aT 222PAVERVIENVINDEX"K' M9(L] WY= 339CS Thornton Water Project APPROX. 4,000 LF IN RIGHT-OF-WAY TIMNATH Owned by City of Thornton CH 32E Easement Pending R4n S L9 Easement Pending Easement Acquired Easement Acquired iripitel YIF.kR' iTMfENT 3 .l I a 03 GALLERY DR CITY Or THORNTON COLORADO w5t 12450 WASHINGTON ST THORNTON, CO 0024' 2405 918e2020 S 1 inch = 600 feet e 300 500 Feet a TWP Alignment Parcel Boundary MI Weld Right -of -Way ,I Future Right -of -Way Areas for County Consideration for use of Right -of -Way Corporate Boundary rlmnath Windsor Thornton Water Project Weld Right -of -Way Area 6 LGv'4M VMf 9 COVert COOT. Crtr Ot T POMO^ a a1S ThOilNtOle MBffiMRti MQ0fmAILt_ONOtt_xi I_ *Sri Ilith2WRLEtillu4 C YftfHOfihfth.COY$Tl, e•fa,ya 7CiMt!rt_ Iasi -O *Out s-tan-_1Quirt DIOt4.l ILII WAD dCawn k4C k i sletier Thornton Water Project APPRO . 2,400 LF IN RIGHT-OF-WAY • 59i9030C! CHANDLER FA �h'S JOHNS T :):" N Easement Acquired a I q a r r shams lb* i • 59'_0'J00008 OLSON BROS L5 • 1 CR15 U• cr plklittt- 1D5y'iCD00007 • 'GRCA .J4, SON Di -�a (.(4?„7-Thornton CITY OF THORNTON COLORADO 12450 WASHINGTON ST THOR(TON. CO 80241.2405 9/3/2020 W S 1 inch a 225 feet 0 112.5 225 Feet • 4" NG PIPE EAST ROW 1059+20000019 S.NDER FAMILY FARMS !LC Easement Pending i4 a l• KIRBY IDELSE AR'II,1R TWP AIlgnment Parcel Boundary We'd Right -of -Way Areas for County Consideration for use of Right -of -Wary Thornton Water Project Weld Right -of -Way Area 5 .1. r Ca*, moo* c ll, el ; hart!...., . WIMPS T OM TDa& NealaliRY_MRod C•.talk CAD .IR _PS +_aR• anitagelifiliniLIMOL IL•CIt Emh GSWI'.Lw- flat Ora,. XV4EI1}91r'•wk�� iCMin N!T11 a•: *AC .va•N tLStta3 rN 1 29200049 PLATTEVILLE DAIRY LLC 120929 100050 PLATTEVILLE DAIRY LLC APPROX. 9,900 LF IN RIGHT-OF-WAY „1209;291 ' 0052 Co •ANTES (133 Easement Pending 12" OIL PIPE CROSSING VA LE'E L CH iga Approximately 1,335 feet 41 _,ropQsed in, Weld County ROW 32�0 Easement Pending Fl To E TOWN OF Easement Pending Easement Pending rALLE / 120932000034 FIRESTONE TOWN OF 12" WATER PIPE 11017 col Easement A 1209 :.!.: 00.7 R 0 BERT 13 120928000002 VP R RA COMPANIES INC 126928200017 Easement Pending READY BRIDGE UG ELECTRIC 20" NG PIPE CROSSING '12092800000 READY MIRE ,CONCRETE COM N 12O92:8'00001 REAbY'I IX NCRE 20" WATER PIPE CROSSING iV ".i,#,Ain thetas 4"NGPIPE Easement Pending 12" NG & 8" OIL PIPES t 120933000039 MC CLAY STEVE! JAMES, _yam. Easement Pending Thornton Water Project APPROX. 830 LF IN RI HT -OF -WAY 146920000019 AUKER PATRICK( S EaS IT1V:1t Pending r GASPAR.JOHN i I I C 1 9 4 1 1 1 '1 I I _i SiLOSEN laaiXICI (CHARD Easement Acquired ROAD Easement Acquired rs-+ Thornton CITY OF THORNTON COLORADO 12450 WASHINGTON ST THORNTON, CO 80241-2405 913/2020 S 1 inch - 100 feet 0 50 100 Feet �■ TWP AYwynment Parcel Boundary op Weld Right -of -Way r a — Future Right -of -Way Areas for County Consideration for use of Right -of -Way Thornton Water Project Weld Right -of -Way Area 3 tan Ala Camp. COT Cpl S I Inw4A + Y` net n..ne a*. saw Ift AS nCPP. C"1 rte¢ _Cilia s _MS ! Ntil 7 tt4cflnW►l CP/4St Vfl TI%f5wt l© CDJIYtr HtMINKS,JO501{t►t. Of _I' WI= e O=: aCIUMM 111O1776 5.'0'5® VU Thornton Water Project (*Thornton 12450 WASHINGTON ST THORNTON, Co 80241-2405 9/3/2020 Easement Acquired OH ELECTRIC Easement PendInd Easement Pending Easement Pending Easement Acquired CITY OF THORNTON COLORADO flE 1 1 u 1 l 1 ilea. fait; -AA Salm aaasxwIi ?cp., D 5T:JPfhttR i S 1 inch z 825 feel 0 312.5 525 Feet �r A L_ ' S 1 I 210CPI 1 Fasernent Acqu. red CR 6 8" PRODUCED WATER PIPES C rJ-s1-F 'a Easement Pending BR:IDr r XCEL GAS PIPE U LLECIRIC 20" NG PIPE TIM) Atignrnent Parcel Boundary Weld Right -of -Way Future Rightot-Way Areas for County Consideration for use of Right -of -Way C Thornton Water Project Weld Right -of -Way Area 2 Sou 'ors WeeJGa+rl COOT .flySTgpritet rvu>lin*_most Toy _NCR ?WARN _FAIOJECMT aatR 11i Mt9►T'NO Mir/"u u•LAC W —I4 iwt1J CC Rre MIPARIA _AIDSEr XtglatU_ROM O.CJAIME_ °'t'7VAC ,auk+. lmJ 2^.: 2! 42 PM Thornton Water Project �;"• • Fri•NIKE rai .SIMMONS .EFF'EY D&_ 1 tLP faf2 FARMS INTi Easement Pending OHM 1NI) CITY OF THORNTON sees te- COLORADO Thornton 12450 WASHINGTON ST THORNT►ON. CO 80241-2405 nip S1 1 inch = 225 feel 0 1125 225 Feel • Easement Acquired APPRO . 2,800 LF IN FUTURE RIGHT-OF-WAY 1*bIHAVE z TWVP Alignment 4A33 028 "i14N ST ENIS Dr FUTURE RIGHT-OF-WAY ALLIGNMENT (REQUIRES AGREEMEN I BY THORNTON TO PURCHASE AND DEDICATE THE LANG) Conceptual Future Rrghl-of-Way Parcel Boundary Weld Right -of -Way Areas for County Consideration for use of Right -of -Way Thornton Water Project Weld Right -of -Way Area 1 9/312020 5aurrn two Can. coot- CJy *1 Ttarntt 'It a -elk flsAs?Q4 1Ot'rE In PealdCre 000. ivi t_rf MwflaOozsnn Mai C nl r ¶al t)S r '.'r •I'7 All 45 7. rtSil' R;7►Vf. �? lIM terms* • •t'live p: l W yip PN Jessica Reid From: Sent: To: Cc: Subject: Hello Ms. Fabrizius, Esther Gesick Tuesday, September 15, 2020 11:43 AM kfab@rebeltec.net Jessica Reid; Diana Aungst; Jan Warwick; Isabella Juanicorena; Kevin Ross RE: Thornton Pipeline Thank you for your email. Your comments will be included in the public file as an Exhibit for the Commissioners to review. Regards, Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intendedonly for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: kfabg rebeltec.net ckfabrebeltec..net> Sent: Tuesday, September 15, 2020 10:08:10 AM To: Kevin Ross <kross@weldgov.corn> Subject: Thornton Pipeline Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Commissioner Ross, Thank you so much for supporting the Weld County property owners at the meeting on August 26th. I hope that support continues at the meeting tomorrow. The City of Thornton needs to work with the property owners and Weld County instead of pushing their way thru to get what they want. Thank you for your time and support. Kathy Fabrizius ( On behalf of Margaret Schneider, property owner.) 1 BOCC MEETING 9-16-2020 STATEMENT My Name is Becky Hicks, and I reside in Evergreen, CO. I am here today to represent the interests of my daughter, the fifth generational owner of a Johnstown Farm. Dear Commissioners: At the August 2 t1i Board of County Commissioners' (BOCC's) Meeting, many of the "Facts" and "Dirty secrets" of Thornton's motives and end run tactics started to come to "Light." The Weld County Planning Commissioners on July 15th voted 7-0 in a resounding and emotionally charged decision to deny Thornton's 1041 permit application. They defended "Private Property" rights, the welfare of Weld County's citizens and stood strong and united in their resolve to preserve the heart and soul of this community. Wisely, they stated that public domain right-of-way ("ROW") easements should be considered. Thornton's representative blatantly declared at that hearing that they were following the Board of County Commissioners' instructions to "USE Private Property" and "NOT" to use established county public utility easements. This Board "clearly" did NOT mandate this false narrative. Commissioner Kirkmeyer further exposed Thornton's evil, selfish intent by making us aware that Thornton would have to pay "Transmission Fees" to Weld County for the use of county easements. Private Property owners are being offered a pittance of what their property is worth and no transmission fees. Thornton has relentlessly been stealing private property "into perpetuity" by slamming landowners into submission with their ruthless threats, false claims and lawsuits. This illegal and devastating. Land Grab under the guise of eminent domain is an unconscionable ploy to force this board into "Rubber Stamping" their 1041 permit application and to avoid any financial benefits to Weld County. Thornton knew when they acquired the water that there was no deeded method of transporting the water for their proposed waterpark and ever growing construction of millennial kennels. They are making their greed and avarice our problems and blatantly robbing us of our private properties, our welfare and our future determination. It is burdensome for Weld County and inconvenient for its employees to have to take on the validity and possible solutions to Thornton's claims and .s ,.i .�,.. w .r+r+ ,n 4m .n. a.rr 1 r a irr 41% n eq it n L� n. 11 .�,in ,rs- 4% n 4:11., rt 4. pion:ems. .t inn among , our putnic ►bc1 v anlb a] Lac On LUCse i..�ilancii cs um!, are becoming insurmountable obstacles to the individual landowners and find opportunities and ways to right these incredible wrongs. a Li a� �. T ,.,, ..... r. „,1 t/ ....� n u ,.. L 1 We have heard how Thornton has crossed the "T's" and dotted the "I's" in their fill-in the blanks permit application. But crossing the `°T's" and dotting the "I's" doesn't make the "Words" or the outcome Right. I was told early on that this was essentially a "Done Deal." "That the County didn't want a costly lawsuit," and that the "little guys," the "private landowners," were essentially being sacrificed. There are, however, much bigger issues at stake for all of us, for our county, our state and our nation. In the current times of darkness and uncertainty, there are still principals and "Natural" laws worth fi ghting fnr. Since the signing of the Magna. Carta June 15, 1215, humanity and democracies have hailed and defended the "natural, essential and inherent right of "acquiring, possessing and protecting property," Our Founding Fathers believed that private property and liberty are intertwined. And that one of the principal necessities of government is the securing and safeguarding of "Natural" property rights. The mother of my daughter's business partner and fanner once told me that the dirt of the land coursed through her son's veins. Her 32 -year old son and my 34 -year old daughter are generational owners and stewards of this land. It is in their DNA that private property is a sacred, inalienable and natural right and that they are responsible to the land and its precious bounty. They are honoring their heritage. I am asking you to please "preserve and fight for these rights" for them, future generations and for the very heart and soul of Weld County. I am asking you TO BE, and I quote, ..."a shinning city upon a hill whose beacon light guides freedom -loving people everywhere." Don't let Thornton dictate their unwarranted demands to Weld bounty. Don't let them establish dangerous "precedents" condemning Weld County private property for their selfish municipal wants. Don't allow valuable transmission fee dollars to wash away by allowing Thornton to egregiously steal private properties. LJV VY Hat 1b .[ .1 wn . t . 4c r 1: a: r . a at .ti k Ara AA a 4,9 S 11:01. up uic IVIalILIC • . • For if Not You ... Who? If Not You, Who? Jessica Reid )m: nt: To: Cc: Subject: Attachments: Good morning Jill, Esther Gesick Monday, November 23, 2020 8:10 AM Jill Triantaphyllis Diana Aungst; Richard Zeiler; KATHLEEN WEINMEISTER; amber sample; Allan Hale; Chloe Rempel; Esther Gesick; Isabella Juanicorena; Jan Warwick; Jessica Reid; Commissioners FW: Zeiler Farms Inc & TWP Project - Action Requested ZFI Letter to Weld County Commissioners on TWP 11-23-2020 Final Final.pdf Your email and attached letter have been received, and by copy on this message, the Commissioners are receiving a copy. In addition, staff will be adding a copy to the official case record as an Exhibit for the future hearing on May 5, 2020. Please let me know if you need anything further. Regards, Esther E. Gesick Clerk to the Board 1150 O Street/ P.O. Box 758/ Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is priviieged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Jill Triantaphyllis <jtriantaphyllis@yahoo.com> Sent: Monday, November 23, 2020 7:22 AM To: Esther Gesick <egesick@weldgov.com> Cc: Diana Aungst <daungst@weldgov.com>; Richard Zeiler <ready42day@hotmail.com>; KATHLEEN WEINMEISTER <KATHYW0712@msn.com>; amber sample cambersample@gmail.com>; Allan Hale <allan@hale.law> Subject: Zeiler Farms Inc & TWP Project - Action Requested Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Esther, Diana Aungst said to send this letter to you and you would send to each of the Weld County Commissioners. Thank you in advance and can you please confirm this has been share with the Commissioners. - behalf of Zeiler Farms Inc., we kindly ask the Weld County Commissioners to read the attached letter regarding the )rnton Water Pipeline project and Zeiler Farms Inc. Your support is needed. Thank you in advance. 1 Best, Jill Jill Zeiler Triantaphyllis Zeiler Farms Inc., Board Secretary Sent from Mail for Windows 10 2 ZEILER FARMS INC. Business Office: 5901 Sacajawea Way CONTACT: Richard Zeiler, President Loveland, CO 80537-9339 PHONE: California: 805-432-2205 November 23, 2020 To: Weld County Commissioners We are writing to share what is currently happening to landowners and specifically Zeiler Farm Inc. owners concerning the Thornton Water Pipeline (TWP) and most importantly ask for your support and/or intervention to ensure that landowners' lands are kept as whole as possible. Zeiler Farms land is annexed (Commercial/Industrial) into the Town of Windsor in Weld County at the North corner of Highway 34 and County Road 13 intersection. Our land has been in our family for generations and is an important piece of our heritage and history. Our land continues to increase in development value due to the growth of four adjacent cities in Northern Colorado, Weld and Larimer Counties specifically. We have accommodated and worked through negotiations with oil & gas pipelines (Kerr McGee) and many other easement encroachments on our lands in the past and we have sought and plan to work through the TWP pipeline if they negotiate reasonably with us. TWP has not been open to any of our requests for a modified route or use of the CR13 Right -Of -Way (ROW) as the Weld County Commissioners have demanded they consider. In good faith, we have diligently worked with lower echelon TWP team members to ensure the pipeline can run through our land as well as preserve as much of our land for future development as possible. TWP continues to take actions towards eminent domain without serious consideration of the County Road 13 ROW or a re- route. This is extremely disappointing and disturbing since TWP should take the most direct route and try to ensure that landowners lands are preserved as much as possible. However, this has not been our experience nor the experience of many other landowners. We have seen and heard many landowners talk (at the Weld County Commissioners hearings) about similar TWP repugnant lack of real negotiations between landowners and TWP. Again, our land is an extremely valuable family asset and the way we see it, Thornton should not unnecessarily put the burden of excessive land grab on Zeiler Farm shareholders to relinquish more land than necessary. A few points we want you to fully understand and appreciate: • At the Weld County Commissioners meeting in August and September, the commissioners did not approve the TWP as presented and communicated to the TWP representative at the meeting that they need to look at all areas where they can place the TWP in the ROW in order to preserve land for the landowners. To our knowledge, TWP has not done this to date as it relates to our property and they are proceeding to try to force our shareholders to sign over the land or face eminent domain. Very, very unacceptable! • We do not see any reason why the CR13 ROW cannot be investigated and used There has been no attempt by TWP representatives to explain this to us We certainly think that would be a valid alternative to save our land • If TWP logically eliminates the use of the ROW, we do not see any reason why TWP would not go directly south parallel to CR13 on our property rather than zig zag across our land (See drawings below on page 3) The oil and gas company easement on our property went straight south paralleling CR13 and the Northern Integrated Pipeline currently has route plans that also run parallel to CR13 • We have worked diligently to negotiate with lower echelon TWP representatives and have provided a cost- effective alternative route across our land for nearly the same cost as the current proposed TWP route, the one that "zig zags" through our land unnecessarily Our route saves us numerous acres of land for future development and as stated earlier, aligns with the current oil & gas pipeline easement on our land TWP provided costing for our proposed route that virtually matched the cost of their route but basically decline to accept the more direct route across our land There seems to be no valid reason for TWP to reject our proposed and preferred route if the ROW is ruled out We think TWP does not want to accommodate our proposed route only because it will take a little extra effort to renegotiate with the oil company land just south of Hwy 34 Therefore, TWP is making it easier for themselves at the expense of our land without consideration as to how it limits our, Weld County's and Town of Windsor's future growth and revenue from this land In other words, TWP has no concern for landowners' needs and plans to take more of our land than necessary, without adequate compensation, to proceed on their timeline by threatening eminent domain Time or renegotiations with other lands south of ours should not be the TWP's excuse to discard our proposed and necessary route TWP action neglects to consider the grantor's needs, as well as the most direct route, which is totally unacceptable! With all that said, Zeiler Farms Board of Directors requests that you, government representatives/employees of and for the people, take a stand for and support Zeiler Farm's shareholders desire to have the TWP take the necessary time to explore the CR13 ROW as a viable alternative to using our land and if using the ROW cannot be accommodated by Weld County for valid reasons like other appurtenances, then TWP should change the route to go straight south adjacent to CR 13 on our property and provide adequate compensation and concessions The CR 13 ROW is the right thing to do by landowners! We respectfully request you take immediate action with the TWP to save our land! Best regards, Richard Zeiler, Zeiler Farms Inc, President Amber (Zeiler) Sample, Zeiler Farms Inc , Vice President Jill (Zeiler) Triantaphyllis, Zeiler Farms Inc, Secretary Kathleen (Zeiler) Weinmeister, Zeiler Farms Inc, Treasurer TWP Project on Zeiler Farms, Inc. Annexed Land in the City of Windsor Thornton Water Project Zei ai Fauns Ns prrert Carrpan srn Current Alignment Requestec Alignment TWP Alignment Pipeline Continues to North s £Silon_r ♦Oa` s •.l gate . e - way c rxwn•r urc i u tw vzzrur strt0'3e� �97.3Y *4YC7t'1 mar HIOiTe0E-WAY f► (Far Jm ni2► csitr�- ' ��► (RC PC 9O0'ter 3- I,A/ttitA Cah r► ) J � ofFr tU /Dv Jr 3R7Ii2AE I Or 0.4201r aSSIOrt Tt' 44 tea CC 42304 is m i Ci .7ifat tat WU to e: $74,041", !F -a =a v*tt& i:► wi' a le157M) eSK 12.1 r STA 7PJB EAY30 EXHIBIT To: From: Subject: Date: MEMORANDUM Board of County Commissioners Diana Aungst, Planner II USR18-0130 Compliance with the new Weld County Comprehensive Plan May 5, 2021 S -0130 Purpose: The purpose of this memo is to provide information about how this USR (USR18-0130) is consistent with the new Comprehensive Plan. The new Comprehensive Plan was approved under Ordinance 2020-13, effective November 23, 2020. The original submittal of this USR18-0130 was in 2018 and was initially reviewed under the old Comprehensive Plan. Since the submittal of this USR the Comprehensive Plan has been revised and the Sections below state how this USR is consistent with the new Comprehensive Plan. Sections: Section 22-2-30.A.1. states: "Land use changes should not inhibit agricultural production nor operations." The Thornton Water Pipeline (TWP) and fiber optic cable will be buried below the plow line to prevent interference with agricultural uses. Land use effects on agricultural uses will be temporary during construction and should be minimal after construction. In addition to crossing through the A (Agricultural) zone district the TWP will also cross through property zoned 1-3 (Heavy Industrial) and E (Estate). No construction will be allowed in the permanent easement however, agricultural uses will be able to continue within the permanent easement after construction. Section 22-2-30.A.3. states: "Respect agricultural practices regarding water resources." The route for the TWP route was located to minimize impacts to water supply infrastructure, such as irrigation ditches and pipelines. No direct effects on water flow, quantity, quality, or timing in the irrigation ditches are anticipated. Crossings will be constructed using either trenchless or open -cut methods as required by the irrigation ditch company and during times the ditch is not running, if required. Section 22-2-30 C.3. states: "Encourage development that preserves land for agriculture, rangeland, wetlands, and critical habitat." The TWP is not anticipated to impact standard agricultural practices once the water pipeline is installed. The pipeline and fiber optic cable will be buried below the plow line to prevent interference with anticipated agricultural uses. In addition, land use effects on agricultural uses will be temporary during construction and are anticipated to be minimal after construction. The Page 1 of 2 water pipeline alignment is generally located parallel to property lines or adjacent to Weld County future ROW minimizing the effects to agriculture Agricultural uses such as farming, grazing, or access can continue within the permanent easement after construction An assessment was conducted for potential habitat of federally threatened, endangered, and candidate species protected under the Endangered Species Act The TWP will have no effect on federally listed threatened, endangered, or candidate wildlife or plant species Mitigation measures such as restricting construction during nesting seasons may be implemented as appropriate Section 22-2-50 C states "Minimize flood losses " The route of the TWP will not alter floodplains Trenchless construction methods such as tunneling or auger boring will be utilized under streams, rivers, lakes, as well as wetland areas Open -cut construction will be utilized in the flood fringe All work in the floodplain will be required to be obtain a Floodplain Development Permit from Weld County and the grades will need to be restored to pre -construction grades Section 22-2-60 A 1 states "Wetland and critical or unique habitat areas, such as habitats of endangered or unique species, and migration, breeding, and spawning areas should be identified in application matenals as potential limiting site factors " The applicant materials included an assessment that was conducted for potential habitat of federally threatened, endangered, and candidate species protected under the Endangered Species Act The TWP will have no effect on federally listed threatened, endangered, or candidate wildlife or plant species- Mitigation measures such as restricting construction during nesting seasons may be implemented as appropriate Page 2 of 2 Diana Aungst From: Mark Koleber <Mark.Koleber@thorntonco.gov> Sent: Thursday, April 22, 2021 8:09 AM To: Diana Aungst Cc: Henry, Jody/DEN; Joanne Herlihy Subject: Thornton Water Project FRICO crossings Attachments: FRICO Letter to Thornton - Support for TWP for Weld County BOCC - 04-21-2021.pdf Caution This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana, Please see attached letter from the Farmers Reservoir and Irrigation Company (FRICO) regarding the Thornton Water Project crossings of FRICO property and facilities. We have been working extensively with FRICO, and would have the necessary easement on FRICO property acquired, but for FRICO's requirement to have final design plans approved before they grant easements or crossings. As such, though we don't officially have the easement in our possession, we feel confident the easement and associated crossing permits will be granted for Thornton's project once final design is complete. Thanks Mark 1 THE FARMERS RESERVOIR AND IRRIGATION COMPANY 80 South 27th Avenue Brighton, Colorado 80601 303-659-7373 April 21, 2021 City of Thornton Attn Mark Koleber, Thornton Water Project Director 9500 Civic Center Drive ThorntonColorado 80229 RE Letter of Support — Thornton Water Project Pipeline Mr. Koleber The Farmers Reservoir and Irrigation Company (FRICO) would like to express our support of the Thornton Water Project Pipeline (Project) and the City of Thornton's (Thornton) endeavors to secure the necessary approval through Weld County/Board of County Commissioners on May 5, 2021. FRICO is a mutual ditch company with four major and several smaller reservoirs and approximately 400 miles of Canals extending from the Front Range foothills to east of Greeley, Colorado. FRICO provides -the major storage for the municipal needs of 30O,000 citizens of four municipalities in the northwest Denver area Therefore FRICO'recognizes the importance and benefits to the community of having reliable, clean, and safe water supply for residents and businesses as proposed by the Project FRICO and Thornton have worked extensively on, and are in concurrence with, the language of documents that will be used to convey an easement to Thornton and allow Thornton to cross FRICO facilities. However, since the designs for the crossings are not complete, FRICO cannot yet determine that Thornton's designs meets FRICO's criteria. FRICO is nevertheless confident that Thornton will be able to comply with our design criteria or propose alternative methods for crossing that are agreeable to FRICO Once FRICO receives the final designs, FRICO will work with Thornton to conclude the four {4) crossing/easement agreements which will allow Thornton to proceed with the Project Sincerely, THE FAS REIR AND IRRIGATION COMPANY S ott Edgar General Manage L.'uuuoly. I I CI iveiupe I V. ! uCLJr CP1' i+l-t:JU-Mt /-1VZ. L. / LJUr FED / EXHIBIT Ai. City of Ay Thornton Infrastructure Maintenance Center 12450 Washington Street Thornton, CO 80241-2405 www.thorntonwaterproject.com April 22, 2021 � v �Sr � \g -�� Ms. Diana Aungst, Planner Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Infrastructure Department Thornton Water Project 720-977-6700 Fax: 720-977-6202 RE: Revised USR maps, Second Supplemental Permit Application, USR18-0130 Dear Diana: Thornton submitted its Second Supplemental Permit Application for USR18-0130 on January 29, 2021. Since that time, we have continued to work with property owners regarding minor adjustments to the location of the Thornton Water Project Easements. A summary of he adjustments is included in the table below, and more detailed information on the adjustments follows the table. Property Owner Parcel Name Number Tier Applicable Number USR Maps Reason for Realignment Mallory 131129000031 8-2 28, 29, 30 Owner request Berry Farms 120908000015 17-8 66 jurisdictional to wetland. avoid Realignment RTP (formerly Camenisch) Land 105932000025 19-5 74, 75Gas easement. line discovered In Olson Bros. 105929000032 20-4 78, 79 Owner request Cummings 095719000057 26-6 98 Gas line discovered in easement SPABS 055519000016 45-1 142, 143 tank Realignment site. for NWCWD future Mallory (Parcel No. 131129000031) — The property owner requested that Thornton overlap the Thornton Water Project easements over the DCP easement located along WCR 17. DCP initially objected to any overlap of their easement. After further discussion, Thornton and DCP worked UUl.U0I II CI IVCIUiJC IU I UCUI C4'Y'IVJU4MV4-.7LLU-J I UOJU4rr CD/ Ms Diana Aungst, Planner April 22, 2021 Page 2 out a modification of the DCP easement, as well as approval from DCP to overlap their easement, which allowed the Thornton Water Project permanent easement to shift approximately 9 feet to the west for approximately 2,500 feet of the easement on the property The revised easement location is shown on attached replacement USR map numbers 28, 29, and 30 Berry Farms (Parcel No 120908000015) — Thornton adjusted the alignment to avoid impacts to a jurisdictional wetland The alignment was shifted approximately 75 feet to the west for approximately 800 feet of the alignment The property owner has agreed to this adjusted alignment The revised easement location is shown on attached replacement USR map number 66 RTP Land (Parcel No 105932000025) — Thornton adjusted the alignment to avoid a previously unknown oil and gas pipeline that was identified during utility potholing The alignment was adjusted along approximately 1,200 feet of the alignment to shift the easements approximately 40 feet east along most of the alignment, and approximately 90 feet south on the north end of the alignment The revised easement location is shown on attached replacement USR map numbers 74 and 75 Olson Bros (Parcel No 105929000032) — The property owner requested Thornton adjust the alignment to an area from which an oil and gas facility had recently been removed The alignment was adjusted along approximately 400 feet of the alignment to shift the easements approximately 40 feet to the east onto the area previously occupied by the oil and gas facility The revised easement location is shown on attached replacement USR map numbers 78 and 79 Cummings (Parcel No 095719000057) - Thornton adjusted the alignment to avoid a previously unknown oil and gas pipeline that was identified during utility potholing The alignment was adjusted along approximately 800 feet of the alignment to shift the easements approximately 30 feet west The revised easement location is shown on attached replacement USR map number 98 SPABS (Parcel No 055519000016) — The North Weld County Water District (NWCWD) requested Thornton adjust the alignment to allow for a water tank proposed to be built by NWCWD adjacent to their existing tank Thornton's existing easement crosses the proposed tank site The alignment was adjusted to shift the 45 -degree bends in the easement approximately 340 feet south Though the new Thornton Water Project easement has not been recorded, and the existing easement has not been vacated, Thornton, NWCWD, and the property owner all concur on the location of the new Thornton Water Project Easement, and the documents are currently being drafted to effectuate this change The revised easement locations are shown on attached replacement USR map numbers 142 and 143 UUUUOl I I CI I VCIUfJC IU. I UCU, C'-F‘-F-'+I.iJU-'+Y\Li'+-YLL�-J I UUuUI-1r r CD / Ms. Diana Aungst, Planner April 22, 2021 Page 3 Attached are revised USR maps to replace the USR maps that were included in the January 29, 2021 Second Supplemental Permit Application. Please contact me if you have any questions. Sincerely, It DocuSigned by: 11444 ktittiguP A8809D465D9D490_. Mark Koleber Thornton Water Project Director cc: Jody Henry, Jacobs Engineering, Inc. N O O C Ci) D 0 W C!) L Z J 0 Q TOWN OF FREDERICK W C cn C� APPROXIMATE GAS LINE 60' ROW, EXST AND FUTURE NE1/4 SEC. 32 T -2-N, R -67-W (DID NOT RESEARCH TITLE REPORT) BK. 314, PAGE 286 7-20 BARBED WIRE FENCE -, (DID NOT RESEARCH TITLE REPORT) REC. 3029077 PN: 131132000034 7-18 x r /1w GS WELD COUNTY COUNTY ROAD 17 - W. LINE NW1 '4, SEC. 33 R/W - -_Arj EL EL I I R/W R/W TWP 55' TEMPORARY CONSTRUCTION EASEMENT C TWP 35' PERMANENT EASEMENT EL-- EL 10' ELECTRIC LICENCE UNION RURAL ELECTRIC ASS'N., INC. REC. 1718649 (EXCEPTION 28 7-7) PN: 1311333000007 PUBLIC SERVICE CO. OF COLO. ACCESS ROAD EASEMENT RICHARD L. WILSON REC. 2631030 (BLANKET IN NATURE) (EXCEPTIONS 18, 19 7-7) R/W (DID NOT RESEARCH TITLE REPORT) LOT B RECORDED EXEMPTION 1311 -32 -1 -RE 2445 REC. 2723859 REC. 3270616 EL - - - - - EL 7-7 '/v PN: 131132000032 a ---a- a EL - - - al 7-15 7-22 J w R/W BARBED WIRE FENCE O 0 Q 0 5 Z CC D 0 U 0 w -N', BARBED WIRE FENCE O AVEL ROAD ROW FOR WCR 16 S. 30' FEET OF PARCEL A (EXCEPTION 24 8-2) C C EL USR-C-0028 - y'E L GS T -BUR R/W TWP 31' TEMPORARY CONSTRUCTION EASEMENT - R/W NW COR. SEC. 33 T2N, R67W, 6TH P.M. FOUND #6 REBAR WI 2-1/2"" ALMU. CAP MKD. "TST INC. CONSUL TING ENGINEERS LS 31169 Q 1 2006" 1.1' BELOW GRAVEL SURFACE. 60' ROW, EXST AND FUTURE V PN: RECOR 1311 (INFRASTRUCTUI (DOES NOT INCLUC SW1/4, SEC T -2-N, F I (INFRASTRUCTURE MAPPING NOT COMPLETED) (INC.I l YIPS PFSFARCH nF TITI F RFPnRTI PN: 131133200053 WELD COU RnAn 1 2 3 4 MATCHLINE, SEE DWG USR-C-0028 C C EL EL W W EL FL GS 'cv R/W SE1/4 SEC. 29 T -2-N, R -67-W (INFRASTRUCTURE MAPPING COMPLETED) (TITLE REPORT WAS REVIEWED, BUT IS FOR PARCEL B RE -320) PARCEL A RECORDED EXEMPTION 1311 -29 -4 -RE 320 REC. 1753722 REC. 3529639 PN: 131129000031 C 'C 8-2 EL EL W W EL EL GS GS R/W R/W WELD COUNTY ROAD 17 R/W R/W 8-3 PN: 131128300056 LOT B RECORDED EXEMPTION 1311 -28 -3 -RE 3428 C C • EL W GS /W TWP 40' TEMPORARY CONSTRUCTION EASEMENT TWP 50' PERMANENT EASEr EL • EL EL W. LINE NW1/4, SW1/4, SEC. 28 R/W - ■ R/W G/W TWP 25' TEMPORARY CONSTRUCTION EASEMEN- 60' ROW, EXST AND FUTURE R/W (If (DO REC. 3071163 (INFRASTRI ICTI IRE MAPPING; Nf1T romp FTFf 'i I 1 2 3 4 RIVQS C LL C E R/W L EL SE1/4 SEC. 29 T -2-N, R -67-W (INFRASTRUCTURE MAPPING COMPLETED) (TITLE REPORT WAS REVIEWED, BUT IS FOR PARCEL B RE -320) PARCEL A RECORDED EXEMPTION 1311 -29 -4 -RE 320 REC. 1753722 REC. 3529639 PN: 131129000031 8-2 C C Fl w EL EL R/WGS R/W GS WELD COUNTY ROAD 17 R/W 80' PETROLEUM PIPE LINE ESMT. COLORADO INTERSTATE CORP. REC. 1579801 (EXCEPTION 18 8-2) TWP 40' TEMPORARY CONSTRUCTIV EASEMENT EL- - - TWP 50' PERMANENT EASEMENT W 10' ELECTRIC EASEMENT UNION RURAL ELECTRIC ASSN INC. REC. 1709149 (EXCEPTION 14 8-11) 8-5 E L R/W GS TWP 25' TEMPORARY CONSTRUCTION EASEMENT PN: 1311283000051 R/W 60' ROW, EXST AND FUTURE ((INFRASTRUCTURE MAPPING NOT COMPLETED) (DOES NOT INCLUDE RESEARCH OF TITLE REPORT) SECTION LINE COINCIDES WITH PROPERTY LINE a/ /=L r EL R/VV GS W. LINE NW1/4, SW1/4, SEC. 28 I R/W 4 - cn C 4 1 C EL 50' PETROLEUM PIPE LINE ESMT. AMOCO PRODUCTION CO. REC. 1769648 (EXCEPTION 15 8-4) C Imp(-- XX I(9 R/W BARBED WIRE FENCE GATE BARBED WIRE FENCE W1/4 COR. SEC. 28 FOUND #6 REBAR W/ 2-1/2" ALUM. CAP MKD. "CIVILARTS-DREXEL PLS 24305" 1.4' BELOW GROUND LEVEL. 0 R/W APPROXIMATE POSITION 50' PETROLEUM PIPELINE ESMT. PANHANDLE EASTERN PIPE LINE CO. REC. 17008591 (EXCEPTION 13 8-11) SECTION LINE COINCIDES WITH PROPERTY LINE EL BARBED WIRE FENCE 2 3 4 NE, SEE DWG USR-C-0065 MISMI [WP 60' (LMI'ORARY CONSTRUCTION EASEMENT C \AI EL ELECTRIC WIRE FENCE V EL I I EL TWP 40' TEMPORARY CONSTRUCTION EASEMENT / / / / / / / / / / / / / / / / J W / / C "C / / / / / / / / / / / / / / / / / / / / / / i EL W APPROXIMATE POSITION 10' OUTLET DITCH EASEMENT DAVID M. URE QUIT CLAIM DEED BK. 163, PG. 144 (EXCEPTION 13 17-5/17-8) (NO MATH -NOTE 1) RESERVATION i NW1/4 SEC. 8 (INFRASTRUCTURE MAPPING NOT COMPLETED) (INCLUDES RESEARCH OF TITLE REPORT) REC. 3345269 REC. 3345271 PN: 120908000015 / 17-8 / / / / / / / WINGER RESERVOIR APPROXIMATE EASEMENT BK. 179, PG. 22 (EXCEPTION 12 17-5/17-8) / DAVID M. URE QUIT CLAIM DEED BK. 163, PG. 144 (EXCEPTION 13 17-5/17-8) DITCH TOP OF BANK C RESERVATION JACOB A. RINN WARRANTY DEED BK. 337, PG. 179 // (EXCEPTION 14 17-5/17-9) GS / C /7/ • + EL / / / TWP 40' TEMPORARY CONSTRUCTION EASEMEN I W C EL TWP 50' PERMANENT EASEMENT EL GS C TWP 40' TEMPORARY CONSTRUCTION EASEMENT W. LINE NE1/4. SEC. 8 75' PETROLEUM PIPELINE ESMT. & 100' TEMP CONST. ESMT. KERR-McGEE GATHERING, LLC REC. 4053323 (EXCEPTION 52 17-5/17-8) (ADJUST DIST. FROM GRID) so BERM TOE OF SLOPE TOP OF BANK / / 30' PETROLE &50'TEMP C DCP MIDSTR REC. 379797 (EXCEPTION / / / / / / / / / / / / / / / / / / / / / / / / / / / / i i ♦ 10' DIR! ROAD 7-- SOUTH EDGE OF POND ♦ ♦ ♦ ♦ %•k EL C C-1/4 COR. SEC. 32 FOUND #6 REBAR WI 3-1/4" ALUM. CAP MKD. "McRAE & SHORI INC LS 7242 1996" 0.4' BELOW GROUND LEVEL EL C 'A EDGE OF POND PER AERIAL PHOTO POND EL C W E= L. C _r _ a a a_ E L C EL C NW1/4 1 /4 SEC. 32 (INFRASTRUCTURE MAPPING NOT COMPLETED) (INCLUDES RESEARCH OF TITLE REPORT) LOT B RECORDED EXEMPTION 1059 -32 -2 -RE 1040 REC. 2111058 REC. 2227738 REC. 2230402 P N : 105932000028 19-8 GS W. LINE NE1/4, SEC. 32 .a.. a -EL -L -- of EL W C TWP 50' PERMANENT EASEMENT TWP 40' TEMPORARY CONSTRUCTION EASEMENT EL 19-5 P N : 105932000025 REC. 1872931 REC. 1783332 C LOT B RECORDED EXEMPTION 1059 -32 -1 -RE 516 REC. 1870323 EL W C EASEMENT THAT W, EASEME MAT HEN 2. THAT W, EASEME 3. THAT 50 RECORI THEREF LOCATE 4. THAT 50 DESCRIE MATHEN NW1/4 O GS EL a EL - C NW1/4 /4 SEC. 32 (INFRASTRUCTURE MAPPING NOT COMPLETED) (INCLUDES RESEARCH OF TITLE REPORT) LOT B RECORDED EXEMPTION 1059 -32 -2 -RE 1040 REC. 2111058 REC. 2227738 APPROXIMATE POSITION PETROLEUM PIPELINE ESMT. PANHANDLE EASTERN PIPELINE CO. REC. 1882619 (EXCEPTION 9 19-6) (NO WIDTH STATED) EL GS w - EL EL w GS EL EL W EL GS PN: 105932000028 REC. 2230402 19-8 20' PETROLEUM PIPELINE ESMT. 30' TEMP. CONSTRUCTION ESMT. DCP MIDSTREAM, LP REC. 3460781 (EXCEPTION 24 19-8) (DIST. ADJUSTED FROM GRID) 20' PETROLEUM PIPELINE ESMT. 30' TEMP. CONSTRUCTION ESMT. DCP MIDSTREAM, LP REC. 3489482 (EXCEPTION 27 19-3/19-5) (DIST. ADJUSTED FROM GRID) `1/4-- W. LINE NE1/4, SEC. 32 EL TWP 50' PERMANENT EASEMENT W C �1 INS I I m r EL TWP 40' TEMPORARY CONSTRUCTION EASEMENT 19-5 PN: REC. 1872931 REC. 1783332 W Ir- --- - II LL EL C C 30' PETROLEUM PIPELINE ESMT. 50' TEMP. CONSTRUCTION ESMT. DCP MIDSTREAM, LP REC. 3914606 (EXCEPTION 28 19-3/19-5) REC. 3914607 (EXCEPTION 26 19-8) (DIST. ADJUSTED FROM GRID) GS GS - LOT B RECORDED EXEMPTION 1059 -32 -1 -RE 516 WELD CC ROAD 60' EXS1 1 2 3 1 MATCHLINE, SEE DWG USR-C-0077 C EASEMENT NOTES - PARCELS 20-2 / 20-4 1. THIS OFFICE IS NOT AWARE OF THE POSITION OF THE BROWN-WILLIS RESERVOIR. (EXCEPTION 27) 2. THAT 50' PETROLEUM PIPELINE EASEMENT GRANTED TO SINCLAIR PIPE LINE COMPANY IN DEED RECORDED JUNE 26, 1963, AS RECEPTION NO. 1411506 IS NOT MATHEMATICALLY DEFINED AND THEREFORE IS NOT SHOWN ON THIS MAP. THAT AMENDMENT RECORDED JANUARY 26, 2007, AS RECEPTION NO. 3451156 MATHEMATICALLY DEFINES THE POSITION OF THIS 50' EASEMENT AND SHOWS IT IS LOCATED ABOUT 2000 FEET WEST OF THE THORNTON WATER PROJECT. (EXCEPTIONS 24k 24B, 28) W C TWP 40' TEMPORARY CONSTRUCTION EASEMENT TWP 50' PERMANENT EASEMENT C C EL EL GS GS EL W EL W C EL 30' PETROLEUM PIPELINE ESMT. 50' TEMP. CONSTRUCTION ESMT. DUKE ENERGY FIELD SERVICES, LP REC. 2879033 (EXCEPTION 11 20-2/20-4) (MAY NOT EXTEND E. OF SEC. LINE) C C ELt 30' INGRESS EGRESS ESM 1. PETROLEUM DEVELOPMENT CORP. REC. 3687616 (EXCEPTION 18 20-2/20-4) EL _EL - C C EL E L W W. LINE NE1/4, SEC. 29 NW1/4 SEC. 29 (INFRASTRUCTURE MAPPING NOT COMPLETED) (INCLUDES RESEARCH OF TITLE REPORT) LOT B CORRECTED RECORDED EXEMPTION 1059 -29 -3 -RE 2873 REC. 2911988 (EXCEPTION 8D 20-2/20-4) REC. 2746441 REC. 4128431 PN: 105929000032 20-4 S. END 30' ACCESS ESMT. NOBLE ENERGY, INC. REC. 3607652 (EXCEPTION 19 20-2/20-4) GS S 5' IRRIGATION EASEMENT HARRY R. MEYER, JR. & CAROYN I. MEYER REC. 1698300 (EXCEPTION 10 20-7) EL C C GS GS EL W 30' ACCESS ESM 1 NOBLE ENERGY, INC. REC. 3607652 (EXCEPTION 19 20-2/20-4) EL GS 2 4 00 C 0 U L.L vJ C� O w Cl) v! W Z IC Z U I Q (INFRASTRUCTURE MAPPING NOT COMPLETED) (INCLUDES RESEARCH OF TITLE REPORT) LOT B CORRECTED RECORDED EXEMPTION 1059 -29 -3 -RE 2873 REC. 2911988 (EXCEPTION 8D 20-2/20-4) PN: 105929000032 REC. 2746441 REC. 4128431 20-4 TWP 40' TEMPORARY CONSTRUCTION EASEMENT C C EL W TWP 50' PERMANENT EASEMENT EL FI 30' INGRESS EGRESS ESMT. PETROLEUM DEVELOPMENT CORP. REC. 3687616 (EXCEPTION 18 20-2/20-4) 30' ACCESS ESMT. NOBLE ENERGY, INC. REC. 3607652 (FXCFPTICIN lq 7f1-7/7(1-4) cV NW1/4 SEC. 29 \. (INFRASTRUCTURE MAPPING COMPLETED) (INCLUDES RESEARCH OF TITLE REPORT) P N : 105929000016 REC. 3383812 REC. 4356615 BK. 221, PG. 81 (EXCEPTION 26D 20-2/20-4) (EXCEPTION 8 20-6) T -POST FENCE EL EL 5' IRRIGATION EASEMENT HARRY R. MEYER, JR. & CAROYN I. MEYER REC. 1698300 (EXCEPTION 10 20-7) 20-6 OUTER EDGE OF PILE C 1 -i W. LINE NE1/4, SEC. 29 W EL C EASEMENT NOTES - PARCELS 20-8 WE ARE NOT AWARE OF THE POSITION OF THE BROWN-WILLIS RESERVOIR. (EXCEPTION 9) 2. THAT 10'x12' VALVE SITE EASEMENT GRANTED TO NATURAL GAS ASSOCIATES IN INSTRUMENT RECORDED JULY 17, 1985, AS RECEPTION NO. 2017397 IS NOT MATHEMATICALLY DEFINED. ITS APPROXIMATE POSITION IS SHOW ON THIS MAP BASED ON THE SKETCH SHOWN IN EXHIBIT "A". (EXCEPTION 16) (INFRAS i RUC 1 URE MAPPING NOT COMPLETED) CONC/FUEL TANK - 10' GRAVEL ROAD r BARB WIRE FENCE EL (INCI I If1FS RFSFARCH OF TITI F RFPORT) PN: 105929000015 EB & EM ON WD CONC ti c } 17 GRAVEL ROAD BARB WIRE FENCE C REC. 2738086 '20s8 �v..— MT ST: PS W TWP 6i CONS1 EASEN CENTERLINE PETROLEUM PIPELINE E DUKE ENERGY FIELD SE REC. 2661835 (EXCEPTION 18 20-8) (NO WIDTH STATED) -. MTL PLATFORM MTL STEPS ICONC 0' AL-'CESS ESMT. NOBLE ENERGY, INC. REC. 3607651 (EXCEPTION 14 20-6) Cal 10' GRAVEL ROAD OUTER EDGE OF PILE i` B? FE 12' GRA ROAD - I I 1 2 3 i 4 MATCHLINE, SEE DWG USR-C-0097 SO LL 1/V GS O4 I EL SO I X X GRAVEL ROAD EL ---A - EL GS MIAMP SIMP EL 30' PIPFI INE EASEMENT TO KERR-McGEE GATHERING LLC (REC. NO. 3547544) I EL EASEMENT NOTES 1) 50' PIPELINE EASEMENT TO SINCLAIR PIPE LINE COMPANY WITHIN THE NW1/4 OF SEC. 19. SPECIFIC LOCATION NOT GIVEN (BOOK 1645, PAGE 526, REC. NO. 140/613) (REC. NO. 3430280) 2) 20' ELECTRIC EASEMENT TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION WITHIN LOT B, RE -2183, SPECIFIC LOCATION NOT GIVEN (REC. NO. 4022136) EL EL W EL EL 26-6 PN. 095719000057 RECORDED EXEMPTION NO. 0957-19-2-RE2183 (REC. NO. 2615515) LOT B (REC. NO. 2699251) TWP 50' PERMANENT EASEMENT EL- - - - EL 30' PIPELINE EASEMENT TO KERR-McGEE GATHERING LLC (REC. NO. 3547544) EL W EL EL TWP 40' TEMPORARY CONSTRUCTION EASEMENT 30' R.O.W. BOOK 86 PAGE 273 (SUBJECT TO RAILROAD ACT) R/W R/W R/W // // // // // // // // // // // > -> -> T -BUR L. -ff E 4 -I/ w 17\/ -fit,/ -...00 --a- Eiji - EL W > -i/ - If? -// E: L w EL R/W // // // 1/ T -BUR WELD COUNTY ROAD 13 RIW II RIW // I _ w EL C C C C C C C C EL 45-1 T -BUR R/W // // // > w_ > EV/ EL TWP 50' PERMANENT EASEMENT C C TWP 40' TEMPORARY CONSTRUCTION EASEMENT w E REC. NO. 4454889 D H 0 rlI Z� rn _ C/) _ rn _ m ZV I- O H S fl CMG R/W // �U 30' R.O.W. BOOK 86 PAGE 273 (SUBJECT T O RAILROAD ACT ) R/W // I/ I/ I/ // > > > RULE AND ORDER RFr Nn 1551582 R/W R/W \ I/ // // T -BUR -_ -4 Il Il =mil W FL EL W F I_ EL ROW EASEMENT REC. NO. 02189730 LU- // II I/ TWP 50' PERMANENT EASEMENT R/W R/W /I II 11 I, Il 11 11 F:BUR- - C \ R/W // II // Il // II Il > > > - > T -BUR > WELD C( EL PROPOSED WATER TANK SEE DWG USR-C-0146 PROPOSED TEMPORARY STAGING AREA L W�� w EL TWP 50' PERMANENT EASEMENT C TWP 40' TEMPORARY CONSTRUCTION EASEMENT EXHIBIT a cn MEMORANDUM To: From: Subject: Date: Board of County Commissioners Diana Aungst, Planner II USR18-0130 changes to the Resolution May 5, 2021 Staff would like to add a Condition of Approval: Provide evidence to the Department of Planning Services that crossing agreements with the Northern Colorado Water Conservancy District and the New Coal Ridge Ditch Company has been entered into for all crossings of the South Platte Supply Canal/Coal Ridge Ditch and that the concerns of the Northern Colorado Water Conservancy District and the New Coal Ridge Ditch Company concerning increased seepage from the Canal have been addressed. Page 1 of 1 EXHIBIT � X lA-sgsva - O3O Thornton Water Project Weld County Use by Special Review Permit Application Weld County Board of County Commissioners May 5, 2021 Presentation Out ine i • Project Background and Status • Approval Requirements Consistency with the Comprehensive Plan 8 Approval Standards Background - Water and Farms • Thornton purchased water rights and farms in the 1980s for planned growth in the city Water used for agriculture since acquisition • Briefed commissioners annually since 2010 Background - USR App ication i • Project discussions with Weld County staff started in early 2015 • November/December 2016 Open Houses 3 in Weld County • 2016/2017 — Ditch Company, Utility Company, and Fire Department Coordination Outreach • December 2018 — Filed USR application for 13.3 miles in southern Weld County Background - USR App i U cation • July 2019 Board Hearing Show entire Project in Weld County Don't use ROW Acquire more of the easements • August 2020 Board Hearing Is ROW use feasible? • September 2020 Board Hearing Analyze use of ROW • January 2021 — Supplemental Application Responded to Commissioner requests Status — Construction and Permitting • Already constructed over 6 miles of pipeline in Windsor and Johnstown Construction will completed in July 2021 • Larimer County update Status - Easement Acqustion i I i I Acquired: 135 easements • 95% of length; 32.5 out of 34 miles • 96% of owners; 94% of parcels 3 of 3 fee parcels • 2 booster pump stations and t tank • Paid Landowners $5.4 million • Offers higher than appraised values • Average incentive 148% of value urpose and Need • Additional supply needed by 2025 • Improve Thornton's water supply quality, reliability and drought resiliency • Meet municipal demands in the city through 2065 Source Water • Water Supply and Storage Company (WSSC) • Jackson Ditch Company (JDC) • Legally Available • Water Court Decree • Ditch Co. Agreement ➢ No impact to other ditch users or water rights 'ruaVc ' -Ii :;n 2u.4, Ric 1.4 t, WSSC and JDC headgates `�LON MONT U; to trl on! Iinul iorlejrnSr _k WSSC Res #4 NATO 1 1 4.n.t, r<$ rranpci rr FIRESTONE FREDERICK RANCE GREELEY V h I L r W E FLIRT LUFTQN j .735 L D i•.� � r I-ar (raj ADAK Infrastructure to deliver Source Water to Thornton's Treatment Plants Thornton Water Treatment Plants Thornton Water Project Weld County (Unincorporated) � • Buried 42 inch water pipe • 34 miles • 1 Water Tank • 2 Pump Stations • Buried fiber optic cable Rs -s- f.. 571 i r ,1 7 { a 1.--ce Water Tank Pump Station Pump Station Meeting the Approval equ i re eULts Weld County Code Sec. 23-2-480 �I, frer=, S S • S S S Cons'stency with i I Comprehensive Plan Guiding Principles Private Property Rights Respect for Weld's Agriculture Tradition Fairness in the Land Use Change Procedure Recognition of the County's Diversity Regulations addressing land use changes Economic Growth Sec. 22-1-120 Cons'stency with i Comprehens've Plan - 1; -'', _ j. - J; 1 C. r— ,'r I, I I r\ it 1—• \ 1 iv 1 ! i •• II `,�.. /` • '•t �l —? ' • i '� 1„} •.�t..-'.2 '` •.� f ' '-. ;N... \ •r, /7 f..— — 1 ; ; 1 ' el1+ c- - - , j 1 I '. ' I ' ' r` ' �, _ r , 17 •• .41 r—,, 1 , i Guiding Principles ! I Jr r 1, I ; . I, 'y .1 J r -t /2-•- � ; cr.- set. T I r i t : II 1 `1 ; ; ' , , 1 s's Is si it i , • • • ". r , I — 1 l , r• '. 1 : 1 ; �I 1 ! 11 •� _j r ; , , ; ;f rI , ' 1 r J , , , , . ' ' ; 1 ( , ; , , , , 1 ' I i • , ' t 1 I jr 1 I i, , I, ' 1.'- ' • ; 1 1' ll , 1 '\_.. ,r I 1^• i i 1 1 ' 1.. �I i i ;1 • r, • ;I—i ,rl ;—i 1 I ;lit . 1' ', 1'i et \.� 1I 1 1'' 1 1. 1 • i I'! 1 1 1 :, r J, I i 1; ; 1 1' I r j i \. ' rr I • f 1 ' , 1 ' : \ It ! 1 • Fairness in the Land Use Change Procedure ' r\ 1 Jt•T • . r 'r� 1 ;' ' T ;n•-\\ I, , 1 I, , . 1 ;g , 1 gr''1 I' 1 r k• ... j '\_ ! ' '�,._ \- s ' ' I 1 , ' , ' :•`j' 1 ; r,J 1, I ! 1 r ; .. , 1 I , '-, ; rX -7 fr 'I , , : i I•. L }/ I _ r • fjJ It._ i r ^ I : 1 rI . •f ' 11 I lI +: 1 i i r I_ . • - • I 1 1 r^ „ ,1 1 , 1 , I 1 i II I 1 1 j J� ', I' 1 -•/ , • ' _ J r r rrI i 1 1 r j i 1 'i I' I I f,.A • Regulations addressing land use changes • ; f, Ii i I I ._' I ' ;' ?H. I: , i I' ii: �' -"MN ,`i 1 , ! 1 I ' , , r 1 1 I ! 1 : i I i I 7 i ' i \ 1 Cons'stency with i I Comprehensive Plan Guiding PYncpiesi • Private Property Rights • Respect for Weld's Agriculture Tradition • Recognition of the County's Diversity • Economic Growth Cons'stency with i I Comprehens've Plan i I Private Prooertv Riczhts • Work with property owner on pipeline location - Accommodate reasonable requests if possible • Minimize impacts • Communicate acquisition process/rights • Negotiations Cons'stency with i I Comprehensive Plan Res • ect for Weld's A • riculture Tradition • Passive use — No surface impacts • Pipeline buried below plow depth • Ag uses can continue after construction • Temporary impacts only • Mini ize crop pacts Cons'stency with i I Comprehensive Plan Reco • nition of the Count 's Diversit • Compatible with diverse land uses: Agriculture Energy Industry Low Density/Estate Residential Open Space 18 Cons'stency with i I Comprehensive Plan Economic Growth • Easement acquisition and construction contributes money to local economy Over $40 million spent to date • No negative -impact on growth and government services • Alignment coordinated with local governments and property owners Consstency With i I Comprehensve Plan i � More formation? • Questions? 4 Eght Ppel ne Approval Standards i I i I U i I Section 23-2-480 1. Avoid or minimize pipeline impacts to agriculture 2. Avoid adverse affect on surrounding area development 3. Mitigate negative impacts on the surrounding area 4. Control soil erosion, dust, and noxious weeds 5. Implement measures to protect County residents and mitigate impacts 6. Assess alternatives and propose a pipeline consistent with County interests and balanced resource use 7. Protect natural and cultural resources 8. Avoid adverse impact from stormwater runoff Respons ve nformation i I i ➢ Natural and Cultural Resources Assessments ➢ Monitoring and Mitigation Plans: ➢ Open Waters, Wetlands, and Riparian Areas >Animals,JPlants and Habitat ➢ Noxious Weed Management >Information On: ➢ Floodplains ➢ Air Quality ➢ Drainage and Erosion Control ➢ Geologic Hazards ➢ Groundwater ➢ Noise ➢ Traffic Approval Standard 1 Avoid or minimize pipeline impacts to agriculture S S S S S Agricultural uses can continue Parallel to property lines or existing easements; adjacent to Weld County future ROW Irrigation ditch crossings per company requirements Topsoil will be stripped, stored separately, and replaced Commitment to cooperating and coordinating with the agricultural community S • • Approva i Standard 2 Avoid adverse effects on surrounding area development The water pipeline and appurtenances will be buried with minimal above ground equipment The water pipeline will have no effect on the rural character of Weld County Thornton has coordinated with local governments and property owners regarding planned land use and development Approval Standard 3 Mitigate negative impacts on the surrounding area S S • S • Pipeline is buried below plow depth Consider property owner preference Outside current and future planned road ROW Adjacent to roads, ROW, existing utility easements, and property lines Minimize road crossings Minimize impacts to environmental resources Mitigation Over 140 mitigation measures and commitments are included in the application to minimize or prevent impacts to: Agriculture Private property Health and safety Traffic/Roads Water quality Air quality Environmentally sensitive areas Existing infrastructure Groundwater Drainages Wildlife Area resident and emergency responders access Irrigation ditches Floodplains Natural hazard areas Natural resources Cultural resources Trees Approva I Standard 4 Control soil erosion, dust, and noxious weeds • BMPs to minimize or mitigate soil erosion • Stormwater plan • Dust control plan; CDPHE air quality permit • Disturbed areas will be revegetated • Noxious weeds will be controlled Approval Standard 5 Implement measures to protect County residents and mitigate adverse impacts • Ensure access for residents, emergency responders • Implement Traffic Control and Safety Plans • Restore construction area to as good or better condition • Road Maintenance Agreement and other measures Approva Standard 6 Assess alternatives and propose a pipeline consistent with County interests ands balanced resource use • A multi -step collaborative process was used to develop the water pipeline route to minimize impacts to local communities and future development iONG.{MOftT I .ALT JNNC' LAPAC 77E-- .anxAfffF_D • I41eeet.e I. oil hl,y Approval Standard 6 Route Development Crteria i i I • Where practicable: Adjacent to roads or property lines Minimize impacts to agricultural use Consider property owner preference Minimize/mitigate impacts to existing structures Minimize road crossings and closures Minimize impacts to environmental and cultural resources Approval Standard 6 Preferred Route Development • The process to develop the water pipeline route was collaborative, iterative, and is a result of: Negotiations with individual property owners Extensive discussions and modifications of alignments Detailed land, utility, or resource surveys of engineering or enviroiental constraints Approval Standard 6 ROW Use Eva uation I • Extended construction schedule • Full road closures required • Driver and Worker safety • Detours • Interference with other utilities • Limited Maintenance Access Approval Standard 6 Proposed Thornton Water Project Route %el Is rt) FORTsiCOLONS 1,• r 'YS loco i2C. sLe ]^,• f 4 J • Ft • I•. c:• —s•_ I HC�NF ti -•, ?it's;�r ,/,,,„. ti •••,. iI ice• h -yr r )' -' ERIE II c-li �F• J AFAYETTE 7 i' IS RO MF1ELD U. 'S ■ r ' s. • t1 11• t Jj e. I • • rf Water Tank] ,, L1 1 4 \.• 0 ��-? SEVERANCE WINPSQR Pump Station .-•-, , i MILLIKEN ..: f,r-- /'Pr nit i f 1 ' /es ~ f Perk] cc r Pump Station 2 BRIG Approval Standard 6 A gnment Statstics i I • 34 miles in unincorporated Weld County • 0 miles proposed in ROW • 135 Easements Acquired 94% by number of parcels 95% by length 96% of property owners O' ( �►1 Approval Standard 6 Land Acquisition • Transparent process • Em.i'nent domain only as a last resort nut • Just compensation • Miniteize impacts • Continued agricultural use • Restoration of property • Non exclusive easeme ts Approval Standard 6 Proposed Thornton Water Project Supplemental Permit Application Route 1-4 'i• n • E kit ri ri 'ySer^.-k 4OiNT _ _t115i fir- fY ` AtiTE r T t 1 r g �, 4 .h• �� `FPI " in., BERTHOUD fracartmictiksk .. ` !BROOM• F1ELD • I • • L f Water Tank] 71 VACONO c er m) -Pl0 \ tyn } SEVERANCE Pump Station '1 J MILLIKEN IKEN .s LA 4- � r 5 f AN n ( GIL R.,1LAT :EVILLE Fcrit Pump Station 2 4 r'i Approval Standard 7 Protect natural and cultural resources • Natural and Cultural Resources Assessment: There will be no significant negative environmental impacts There are no cultural sites or structures listed on the State or National Register of Historic Places Approval Standard 8 Avoid adverse impact from stormwater runoff • Weld County grading permit • CDPHE Stormwater Discharge Permit • Stormwater management plan; BMPs • Detention at Pump Station sites • Disturbed areas will be restored to pre - construction grades and vegetation Approval Standards • More information? • Questions? Approval Requirements Have Been Met s/Consistent with the Comp Plan s/Approval Standards have beeri,met s/Significant adverse effects have been avoided or mitigated lAssessments, impacts and mitigation are addressed in the Application Met County Requests • Thornton has acquired 94% of the necessary easements • Entirety of Project in unincorporated Weld County is included -in the Supplemental Permit Application • Proposed alignment does not include any areas parallel to and in ROW Thornton respectfully requests i approval of the Permit Application lConsistent with the Comprehensive Plan V'Approval Standards have been met lCounty requests have been met Thank You! skt Thcorritcilii WATER PROJECT 45 EXHIBIT I \t/ May 3, 2021 City of Thornton Attn: Mark Koleber, Thornton Water Project Director 12450 Washington St. Thornton, Colorado 80241 RE: Letter of Support — Thornton Water Project Pipeline Mr. Koleber: Varra Companies, Inc. (VCI) would like to express our support for the Thornton Water Project (Project) and the City of Thornton's (Thornton) efforts to secure a Use by Special Review Permit for the Project from Weld County. The Project provides the much needed water supply to Colorado's growing population, and that growth supports mineral producing companies such as VCI. VCI produces sand and gravel from its properties located in Weld County, and so is concerned about any proposals that would impact VCI's ability to mine the minerals on the properties or otherwise limit their productive value. Thornton has worked extensively with VCI, and has identified mutually acceptable easement locations across the VCI properties in the area around Weld County Road 17 between Weld County Road 26-1/2 and Colorado Highway 66. Thornton and VCI have also had extensive and productive discussions regarding coordination of work required prior to construction of the TWP. Though VCI and Thornton have not yet executed the documents necessary to formalize these discussions, VCI is confident that Thornton and VCI will complete the necessary agreements in the very near future to allow Thornton to construct the Project within the easements on VCI properties as identified in Thornton's USR permit application. Sincerely, Garrett Varra Varra Companies, Inc. Zeiler Farms land is annexed (Commercial/Industrial) into the Town of Windsor in Weld County at the Northeast corner of Highway 34 (HWY 34) and County Road 13 (CR 13) intersection. Our land has been in our family for 90 years and is an important piece of our heritage and history. Our land continues to increase in development value due to the growth of four adjacent cities in Northern Colorado: Greeley, Windsor, Johnstown, and Loveland. We have accommodated and worked through negotiations with oil & gas pipelines (Kerr McGee) and many other easement encroachments on our lands in the past and we have sought and want to work with the TWP team of planners. In February 2020, the City of Thornton sent a letter to Zeiler Farms that they had plans to construct and bury a 42 -inch water line from northern Fort Collins, CO area to Thornton. Thornton's offer was very restrictive in time, financially and route wise. The offer was a take it or leave it and it gave landowners 60 days to respond with no say as to where the pipeline would be buried. The route TWP proposed on Zeiler Farms unnecessarily cuts through a large portion of our land at an angle rather than a direct (shortest route south) on the west perimeter of our land. For over a year, we have been seeking to have Thornton run this water line in the CR 13 Right -Of -Way (east -side ROW) or at least take the route that is the most direct with the least invasion of our heritage land, immediately adjacent to County Road 13. After writing to Thornton Mayor and City Council, we have had direct contact with the Thornton Mayor and Mark Kolebar. To date, TWP has not relented on their route that unnecessarily cuts through our land and we continue to negotiate with eminent domain still hanging over our heads. To say, the negotiation process with TWP has been complicated, cumbersome and time consuming is a bit of an understatement. The letter to acquire, working through Thornton contractors and engineers to adjust the route to be the most direct, trying to understand why the right-of-way cannot be used, attending Weld County Commissioner meetings, contacting local officials in multiple cities/towns for support of a less invasive route, etc. has been pretty much unsuccessful. Landowners do not have a collective voice. A lot of time has been spent trying to save as much of our land as possible and we have gone round and round with many Thornton Water Pipeline team members and have not gotten their buy in on our more direct, proposed route shift. A few points we want you to fully understand and appreciate: • If TWP cannot logically use the ROW, then the best alternative for all is to use a small piece of our land, go straight south, closely parallelling CR13 rather than zig zag across our land (See drawings below on page 3). The oil and gas company easement on our property went straight south adjacent to CR13 and the Northern Integrated Pipeline currently has route plans that also run straight south adjacent to CR13. • TWP provided preliminary costing for our proposed route that virtually matched the cost of their route but basically decline to accept the more direct route across our land. o The Town of Windsor, both the Mayor and Town Manager, has endorsed our more direct route and have share their support with the Thornton based on the Intergovernmental Agreement After many months of continued effort, the City of Thornton has neither adequately addressed our route solution or provided convincing evidence as to why they cannot accommodate our requested route along the boundary of our land, the most direct route We respectfully ask that Weld County Commissioners ask and implore Thornton leaders to "do what is right" by landowners and namely do what is right by Zeiler Farms, Inc shareholders on our 90 -year -old heritage lands by taking the most direct route, the length of CR13, on our property. Thank you for your time /-;e//011,—'7/41td Richard Zeiler President, Zeiler Farms, Inc lL. Ar •••.. Pirt•L•0,1 • :a.r i •.•wf 1 +•a ar �r►r. .•,,�, ;�" ••• MO'•r •Y ' --oMw _—vRW a. •:. b i�w _ • y •� y r..."•••••:444r$ . ... ' rw. �� a.. •• •{w�1�4!wu?• •« w . "' i. .... ,11 i.•. ••••••••#•37.i'.a.n. .r-.• -, ell fM 1'^'•yr, .06 .�.y «r.• .. .• •»• • - -.♦ - y.+: '....tt .p1. L a.•,........46. .4. ' " ,...r `.."1"..."..:� ; ~ - ....'2an e.Av......11t.� • _ - - - • .�a.....-0Cw•...-_•.._+•- �w.w..•+. ••••••••••••.....-.a .. K.' To: From: Subject: Date: MEMORANDUM Board of County Commissioners Diana Aungst, Planner II USR18-0130 changes to the Resolution May 5. 2021 Staff would like to make a correction on page 8: The text: Four and one -quarter (4.25) -mile wide alternative corridors... Should state: Four one -quarter (0.25) -mile wide alternative corridors... Page 1 of1 A Statement read before the Weld County BOCC 5/5/2021 On Behalf of Seychelle Hicks, Nanda Devi LLC Good Morning Commissioners: Thornton tried to blackmail my daughter, Seychelle Hicks, and suppress our rights to freedom of speech by offering $1,500.00 on (March 30th) for us not to speak before you today. That is $500 a minute. The email from Thornton's attorney, Douglas Widlund reads: "...the City wants to include in the Rule and Order a provision that Nanda Devi, or representative, will not interfere with any of the City's applications for the approval of the construction of the Improvements as well as any application that furthers the Thornton Water Project. We propose the following language: "...As part of this settlement, Landowner has agreed that Landowner, its agents, representatives, successors, tenants, or any person or entity having an interest in the Landowner's Property, shall not object to or otherwise interfere with any application for any such permits, approvals and consents, or any application furthering the Thornton Water Project." This language would go into the permanent easement as well." Douglas S. Widlund Widlund Law, L.L.C. 7200 S. Alton Way, Suite A-220 Centennial, Colorado 80112 (303) 839-1550 Seychelle was appalled at egregious this e ious assault on her 1st Amendment rights g and refused the "Hush Money." (Exhibit 1: email from Douglas Widlund with financial terms redactions) For the new commissioners, my 35 -year old daughter owns a 50 -acre legacy farm that has been a part of her deceased father's family for over 120 years. At the September 16, 2020 1041 permit hearing, this Board tasked Thornton to work with Planning and Zoning to explore and use established Weld County Public Right Away Easements as the preferred option and to put on hold any pending or new eminent domain Court actions until this hearing today. (Exhibit 2: Hearing Certification Docket No. 2019-48.D) Thornton ignored this Board and used the time instead to relentlessly pursue their scorched -earth policy taking my daughter and many others through costly court proceedings. Seychelle tried prior to her December 17th "Immediate Possession" hearing to meet with Thornton personnel directly, and they refused, hiding behind their lawyers. It is our understanding that Thornton also refused to discuss viable alternatives with Planning and Zoning. Blatantly, they continue to "thumb their noses" at this Board, Weld County's public servants and all of Weld County's citizens. Thornton would have you believe through their false narrative that it was YOU..this Board of County Commissioners who recommended that they use eminent domain instead of using established Weld County Public Right Away Easements. When in fact, it was Thornton's City Council who gave them their Marching Orders when they "PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on September 24, 2019... a RESOLUTION AUTHORIZING NEGOTIATIONS AND, IF NECESSARY, EMINENT DOMAIN PROCEEDINGS TO ACQUIRE PROPERTY INTEREST NECESSARY TO CONSTRUCT THE THORNTON WATER PROJECT." This 645 -page resolution contains the 209 Exhibits of the properties that the City of Thornton determined were necessary to acquire. (Exhibit 3: Resolution with Exhibit Link) https://www.dropbox.com/s/gemOhcue6o3jd53/COTI-%237209] 7 -v1 -Resolution CD2019- 136 Authorizing Eminent Domain to Construct the Thornton Water Project.PDF?d1=0 Bottom line: Thornton does not want to pay transmission fees to Weld County. This September 24, 2019 Resolution proves their contemptible disregard for the rights of private property. This unmitigated land grab at the expense of private ownership is an outrage. By refusing to use Weld County Right of Way Easements, they are for a one-time "pittance" encumbering our private lands into perpetuity. Thornton is using the guise of Home Rule as their raison d'etre for stealing our land. Thornton knew when they purchased the water rights that they had no vehicle in place to transport the water. They, through their greed and avarice, are trying to line their coffers with unsustainable growth, millennial kennels and water parks to the detriment of neighboring communities. They are making their problems our problem by putting their selfish wants above all others. They forced people into unwanted and unwarranted settlements with costly litigation. Every property owner has been coerced into signing a "Deed of Perpetual Non Exclusive Easement." Non -Exclusive means that additional parties could be granted the right to use that same easement in the future. Seychelle tried to negotiate the terms of this onerous "non-exclusive" deed. Thornton refused. Again, per a Douglas Widlund email, "... The City (Thornton) cannot agree that there will not be future assignments of the easement." There is already supposition that City of Aurora may be talking with Thornton about using and paying Thornton for these easements or using similar tactics if Thornton is allowed to succeed. Who knows what corruptible, far-reaching consequences are hidden in these "Non -Exclusive Easements?" Why did Thornton require a 50' easement when the standard is a 30' easement? These unethical, immoral actions by Thornton cannot be condoned. When and where does Thornton's misuse and abuse of power stop? You are our last line of defense. Property owners are buckling under the tremendous financial burden of costly litigation and are being forced to settle with Thornton to stem their bleeding from Thornton's deep war chest. Thornton may present to you that they have received landowner approvals and settlements for the necessary easement acquisitions for this 1041 permit application, but this was not done fairly or honestly...instead property owners have been litigated into submission. Only you can protect us and preserve our private property rights from these outlaws. We are your neighbors, your friends and the constituents of Weld County. All of us must know that our homes and our dreams for our land are safe and secure now and for generations to come. At the July 21, 2020 Planning & Zoning Commissioners' Hearing, I asked the Commissioners, "If not you, Who? They with integrity and courage voted 7 to 0 to deny Thornton's 1041 Permit application saying that Thornton's unjustifiable use of eminent domain instead of the use of established Public Right of Ways was reprehensible. My daughter fought to defend her property and her 1st Amendment rights to speak today. I am proud that she refused to be silenced. I beseech each of you to be brave and to vote with your heart and your conscience and deny Thornton's 1041 permit application and the wanton destruction of our farms, our homes and our way of life. Our land is ingrained in our souls, and it is the heartbeat of Weld County. Please protect our precious private property rights from this evil attack. For if not you, Who will? If not you, Who? Thank you, Rebecca Hicks Exhibit 1 Original Message ---- From: Douglas S. Widlund <doug anbutcherwidlund com> To: Steven Janssen <stevenij_anssenla cs.com> Sent: Tue, Mar 30, 2021 12:42 pm Subject: Thornton v Nanda Devi Paragraph 1: Financial terms REDACTED With that said, City will agree to REDACTED. With this, the City wants to include in the Rule and Order a provision that Nanda Devi, or representative, will not interfere with any of the City's applications for the approval of the construction of the Improvements as well as any application that furthers the Thornton Water Project. We propose the following language: "City is responsible, at City's expense, for obtaining any permits, approvals and consents, and meeting any other legal obligations or requirements including those imposed by any governmental authority prior to construction of Improvements within the Property, if necessary. As part of this settlement, Landowner has agreed that Landowner, its agents, representatives, successors, tenants, or any person or entity having an interest in the Landowner's Property, shall not object to or otherwise interfere with any application for any such permits, approvals and consents, or any application furthering the Thornton Water Project." This language would go into the permanent easement as well. Please let me know if we can conclude the case. Thanks! Doug. Douglas S. Widlund Widlund Law, L.L.C. 7200 S. Alton Way, Suite A-220 Centennial, Colorado 80112 (303) 839-1550 HEARING CERTIFICATION DOCKET NO. 2019-48.D RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR18-0130, FOR A GREATER THAN 16 -INCH RAW DOMESTIC WATER PIPELINE (PERMANENT 42 -INCH PIPELINE AND ASSOCIATED APPURTENANCES, INCLUDING BUT NOT LIMITED TO, 1 -MILLION GALLON WATER TANK, TWO PUMP STATIONS, BURIED VALVE ASSEMBLIES, ACCESS MANWAYS, AND FIBER OPTIC CABLE AND TEMPORARY CONSTRUCTION EASEMENTS) IN THE E (ESTATE) ZONE DISTRICT, THE A (AGRICULTURAL) ZONE DISTRICT, AND THE RUA (REGIONAL URBANIZED AREA) ZONE DISTRICT - CITY OF THORNTON A public hearing was conducted on September 16, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro -Tern Commissioner Scott K. James Commissioner Barbara Kirkmeyer Commissioner Kevin D. Ross Also present: Acting Clerk to the Board, Jess Reid Assistant County Attorney, Karin McDougal Planning Services Department representative, Diana Aungst Public Works Department representative, Mike McRoberts Health Department representative, Lauren Light The following business was transacted: I I hereby certify that pursuant to a notice dated April 30, 2019, and duly published May 3, 2019, in the Greeley Tribune, a public hearing was conducted on July 10, 2019, at which time the matter was continued to July 15, 2020, to allow the applicant adequate time to work on obtaining all the necessary easements. On July 15, 2020, the matter was continued to August 26, 2020, to allow adequate time for a supplemental application to be reviewed by the Planning Commission at a hearing scheduled for July 21, 2020. I further certify that pursuant to a notice dated June 24, 2020, and duly published July 1, 2020, in the Greeley Tribune, a public hearing was conducted on August 26, 2020, to consider the request of the City of Thornton, for a Site Specific Development Plan and Use by Special Review Permit, USR18-0130, for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District. At said hearing the matter was continued to September 16, 2020, to allow the City of Thornton adequate time to speak with the Department of Public Works about the feasibility of moving portions of the pipeline into Weld County right-of-way. Karin McDougal, Assistant County Attorney, made this a matter of record. IP Chair Freeman explained the previous continuance was to allow the Department of Public Works to research the feasibility of moving portions of the pipeline into Weld County right-of-way. PLtDIN ITO I PW(WlA/Dfk); L" (LO 2020-2774 0 NIKM ) HEARING CERTIFICATION - CITY OF THORNTON (USR18-0130) PAGE 2 e Mike McRoberts, Department of Public Works (PW), provided a staff presentation including maps of possible locations of right-of-way use (Exhibit P), and explained the preliminary review identified 4.8 miles where the pipeline could potentially be placed in the public right-of-way. He stated without engineered construction plans, showing underground utility locations and depths, PW is assuming the pipeline will be located in the middle of the roadway. After engineered plans are complete it may be determined locations, other than the middle of the road, are possible and noted there will be significant road closures associated with locating the pipeline in the middle of the roadway. He referenced the displayed maps and described existing utilities located in the right-of-way, in the identified areas. He explained the southernmost 2,800 linear feet of the pipeline alignment will fall within future right-of-way, which strays from the section line in order for County Road (CR) 17 to line up opposite Quebec Street, in Adams county. Therefore, PW recommends the City of Thornton enter into an agreement to purchase the land necessary to accommodate the future right-of-way, and that it be dedicated to Weld County. He stated PW also recommends the City of Thornton enter into an agreement, requiring the City to relocate the waterline at its sole expense, should future roadway improvements necessitate a vertical and/or horizontal shift in the waterline. El Regarding the future construction of the portion of CR 17, Commissioner Kirkmeyer confirmed it is not in the County's Capital Improvement Plan and stated, in this area, the pipeline could be located in the middle of roadway, instead of future right-of-way. In response to Commissioner Kirkmeyer, Mr. McRoberts speculated it would take several months for the City of Thornton to complete engineered plans, perform potholing and obtain right-of-way permits. El Mark Koleber, applicant representative, concurred there are several areas where the pipeline can be located in right-of-way and committed to working with County staff and property owners to explore, based on survey findings, areas where the pipeline can be moved off of private property and into County right-of-way. He stated, since the August 26th Board hearing, they have worked with the property owners and the court to vacate any immediate possession hearings scheduled in September and confirmed the City of Thornton will not pursue immediate possession in areas where locating the pipeline in the right-of-way may be a possibility. He outlined the engineering work that needs to be done in order to present a complete application to the Board, including acquiring easements necessary to construct the pipeline, and requested a five (5) month continuance. IE Ted Simmons, Weld County resident, stated his property is currently under eminent domain proceedings. He asked the Board to direct staff and the City of Thornton to look more closely at the area north of State Highway 14 and CR 13, up to where the pipeline is proposed to come into Weld County, to see if the pipeline could be located in the right-of-way. He stated the majority of the road is gravel, with minimal utilities in the area. Dave Mallory, Weld County resident, stated since the last hearing, he has had no communication from the City of Thornton about moving the pipeline closer to CR 17, opposed to 80 feet in from his property line. He also expressed concern about the pipeline not being sealed from his irrigation water. In response to Chair Freeman, he stated he is in support of a continuance. 2020-2774 PL2657 HEARING CERTIFICATION - CITY OF THORNTON (USR18-0130) PAGE 3 El Rebecca Hicks represented her daughter who owns a farm in Johnstown and read a prepared statement (Exhibit R) to the Board expressing concern about the use of private property easements for the pipeline. e Kathy Weinmeister represented Zeiler Farms, Inc., and requested the pipeline go in the CR 13 right-of-way, and if not, at least run along CR 13, as it crosses the Zeiler Farms property, parallel with the existing Anadarko/Occidental pipeline easement. She stated she is support of a continuance if they consider placing the pipeline in CR 13. le Rashelle Sater-Richardson, Weld County resident, questioned why the entire pipeline isn't able to go in right-of-way and Chair Freeman explained PW will explore the possibility of placing more of the pipeline in the right-of-way, where feasible. She supported the continuance and suggested the Board find out how many miles of easements have been obtained through eminent domain. IR Frank Wind, Weld County resident, stated he owns property in Sections 17 and 31. He explained he was threatened with eminent domain but settled with the City of Thornton prior to court proceedings. He stated the City of Thornton is in the process of laying pipeline on 1.75 miles of his property, which is within the municipal limits of the Town of Johnstown, and expressed he is indifferent about a continuance, as he has already settled with the applicant. le In response to Commissioner Ross, Mr. Koleber stated he did not know the percentage of easements obtained through contractual agreements with property owners versus condemnation. Commissioner Ross outlined exactly what statistics he was requesting and Chair Freeman recessed the hearing to allow Mr. Koleber time to obtain the information. Chair Freeman reconvened the hearing and Mr. Koleber stated, as of early August, the City of Thornton had filed eminent domain on 25 percent (25%) of the properties in unincorporated Weld County, many of which the immediate possession has been settled. He explained there have been three (3) court hearings, which resulted in a court ordered possession, but aside from those, the rest of the cases stipulated to immediate possession. He confirmed no evaluation hearings have taken place and indicated there have been a number of cases that were fully settled after they filed eminent domain. ID Commissioner Kirkmeyer explained she was in support of an eight (8) month continuance and directed staff to look for areas, in addition to those already identified, where the pipeline could be located in the County right-of-way. Commissioner James agreed and Chair Freeman acknowledged there may have been confusion with the initial direction given to the City of Thornton, by the Board. In response to Mr. Koleber's request for clarification, Commissioner Kirkmeyer stated she would like them to look at all properties, even those that have been condemned, to see if the use of the right-of-way in those areas is feasible. Commissioner James agreed and stated he would like to see the pipeline in the right-of-way, in all feasible locations. Chair Freeman reflected on his previous comments about the pipeline not being placed in the right-of-way, again acknowledged that direction may have been confusing for the City of Thornton and clarified his original intent was to work with landowners for fair 2020-2774 DI laa7 HEARING CERTIFICATION - CITY OF THORNTON (USR18-0130) PAGE 4 compensation if they are going to be impacted either way. In response to Mr. Koleber, Commissioner Kirkmeyer clarified she would like the City of Thornton to evaluate the possibility of using the right-of-way, even on properties that have been condemned or who have already reached a settlement. IE Commissioner Kirkmeyer moved to continue the request of the City of Thornton for a Site Specific Development Plan and Use by Special Review Permit, USR18-0130, for a greater than 16 -inch raw domestic water pipeline (permanent 42 -inch pipeline and associated appurtenances, including but not limited to, 1 -million gallon water tank, two pump stations, buried valve assemblies, access manways, and fiber optic cable and temporary construction easements) in the E (Estate) Zone District, the A (Agricultural) Zone District, and the RUA (Regional Urbanized Area) Zone District, to May 5, 2021, at 10:00 a.m., to allow the City of Thornton adequate time to continue working with Weld County staff and property owners on relocating the pipeline into County right-of-way, where feasible. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 11:12 a.m. This Certification was approved on the 21st day of September, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d ) �'...aClgta%ii Weld County Clerk to the Board 4 eputy Clerk to the Board BY Mike Freeman, Chair Steve oreno, P •-Tern Scot K. James Kevin D. Ross 2020-2774 NAME - PLEASE PRINT LEGIBLY A ADDRESS (CITY, STATE ZIP) EMAIL. COUNTY OF RESIDENCCE E SPEAKING (YIN)? Eke t,. e S vA e r �'. /43 z L t e t3 ?Le.) Roca e?/ /k/.t.l� Fluol..a tieTt i24N'T' Zell -27 A.vecvtj'lacce_ ..GtP-el--e-{Co/ u/ (1Jc/Ct IdO./// . n b /g3' e4/42._ -7-0-1/4 6 /7?� rd*Si /JO -A erien. , f �f. .d Ltdoefq (,k%0. -c{ Lio &nenu *\1c Uv\YvlvA 5801 V5ocwoAta i?crc.lovcl04, (,024531 aN, jol7No/// .,,., ��C/� ZZ$- / i 4-/ Lei . v/ ee 9Z �%t+«' �� . 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"Fd- V•Simvrw 'PLOY G&13 - r is "'II' i mp' (4) y 7 dAA-Da»e, ,,L4 4 oo "It-1` 31 VilliW4 Co Gotta rruA0 1 • e.9 law • co r...VJd J /✓ re-: q O u- e,— `75) w cR :z z t� „�,•, e4t8ofo� 'r"'- I ce �Htttit `RESOr.._- t pct/i'/7 CD No. 2019-136 RESOLUTION ADOMAIN PRIONOCEEDINGS AEDIN SRIZING NEGOTIATIONS AND, IF NECESSARY, EMINENT TO ACQUIRE PROPERTY INTERESTS NECESSARY TO PROCEEDING CONSTRUCT THE THORNTON WATER PROJECT. WHEREAS, the City is a home rule municipality of the State of Colorado delegated with the legal authority and power of eminent domain; and WHEREAS, the City's population is projected to increase from its current population of 142,963 residents (City of Thornton, Second Quarter 2019, Population and Housing Inventory Summary estimate) to 242,000 residents by 2065; and WHEREAS, the City has proactively planned for the anticipated population increase to ensure that the City can provide a high -quality, reliable, diverse, and economical water supply to meet the needs of its residents and businesses; and WHEREAS, the City's existing water system, including an extensive water conservation program, has served to meet municipal and industrial water needs of the City's current water customers in its service area, as well as to meet existing contractual obligations; and WHEREAS, the City's water supply projects in development will allow the City to provide water service up to a population of 159,000 residents. However, beyond 159,000 residents, which the City projects to reach no later than 2025, additional water supplies are needed to ensure reliable water service to the City's water customers; and WHEREAS, water from the Water Supply and Storage Company (WSSC) system in Northern Colorado was purchased by the City in the mid -1980s from willing sellers and this high quality source has been decreed in Water Court for use in the City, but the City currently lacks the infrastructure necessary to deliver that water to the City; and WHEREAS, the City has approved the construction, operation, and maintenance of a water project known as the Thornton Water Project (TWP), a water pipeline that will provide the infrastructure necessary to convey the City -owned WSSC system water from northern Colorado to the City; and WHEREAS, the City has determined that it is necessary to acquire certain properties and property interests, as shown in Exhibits 1 through 209 attached hereto and incorporated herein by this reference, in fee simple, by right-of-way, permanent easements, and temporary construction easements or whatever other property interests that may be required for the design and construction of the TWP to serve the public purpose of providing the City's customers the benefit of decades -long planning for and investment in this additional high quality water supply to enhance the diversity and reliability of the City's water supply, provide drought resiliency, help address source water quality issues, and meet municipal and industrial demands of the City's water customers through 2065; and CD No. 2019-136 WHEREAS, the City intends to acquire the properties and property interests identified in Exhibits 1 through 209 for the TWP; and WHEREAS, the property interests identified above are necessary for the TWP and there is an immediate need to secure those interests; and WHEREAS, for the specific properties and property interests necessary for the TWP, as shown in Exhibits 1 through 209, City Council authorizes City staff and consultants to conduct good faith negotiations with the property owners in accordance with the law; and WHEREAS, City Council directs that if good faith negotiations for the voluntary acquisition of such properties prove unsuccessful the City is authorized to commence eminent domain proceedings to acquire properties and to prosecute the proceedings to their conclusion; and WHEREAS, the TWP is necessary for the health, safety, and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS: 1. The acquisition of the properties and property interests described in Exhibits 1 through 209, or whatever other property interests that may be required, for the design, construction, operation, and maintenance of the TWP is necessary for completion of the TWP. 2. The acquisition of such properties and property interests for the TWP serves the public purpose of providing the City's customers the benefit of the City's decades -long planning for and investment in a high quality water supply from the WSSC water system to enhance the diversity and reliability of the City's water supply, provide drought resiliency, help address source water quality issues, and meet municipal and industrial demands of the City's water customers through 2065 and is necessary for the health, safety, and welfare of the residents of the City. 3. That the City Manager, or designee, is hereby authorized to negotiate in good faith with and to make offers of just compensation to the owners of the properties for the voluntary acquisition thereof. 4. If negotiations for the acquisition of the properties prove unsuccessful that upon approval of the City Manager and the City Attorney, or their respective designee, City staff are authorized to file an eminent domain action, or any other proceedings as may be necessary, to acquire the properties described in Exhibits 1 through 209, and the City is authorized to employ all necessary persons for this purpose, including special eminent domain 2 CD No. 2019-136 Kristen`I . Rosenbaum, City Clerk counsel, appraisers, surveyors, engineers, and other experts as necessary. The City also authorizes obtaining immediate possession of the properties, if deemed necessary to further the TWP. 5. The City, its staff, or consultants, consistent with the intent of the TWP, shall have the authority to amend or modify the legal descriptions of the parcels to be acquired, the nature of the interests to be acquired, and may add or delete parcels, in whole or in part, as deemed necessary for the TWP and any such amendments shall be included in the definition of the properties and property interests described in Exhibits 1 through 209. 6. That the City Manager, or designee, is authorized to execute and the City Clerk to attest any document necessary for the acquisition of the property or property interests required for the TWP. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on September 24, 2019. CITY OF THORNTON, COLORADO Jan ulmann, Mayor Pro Tern ATTEST: 3 "X n` City of Thornton CD No. 2019-136 September 24, 2019 RESOLUTION AND ATTACHED EXHIBITS 1 THOUGH 209 LINK https://www.drqp_box.com/s/gem0hcue6o3jd53/COT1-%23720917-v1-Resolution CD2019- 136 Authorizing Eminent Domain to Construct the Thornton Water Project.PDF?d1=0 EXHIBIT Zeiler/ City of Windsor Annexed Land Adjacent to the Weld County Line CR 13 4 m • • _i.e.': •. � Thipoorer ulcR 13 ��trr,� (41 -°L`" •' Ceipattle Vvel. •' /Lin aotopt .0 .0 .3 Hi° 3 q 467 Esther Gesick From: Sent: To: Cc: Subject: Jill Triantaphyllis <jtriantaphyllis@yahoo.com> Wednesday, May 5, 2021 12:16 PM Esther Gesick Richard Zeiler; KATHLEEN WEINMEISTER; amber sample Re: Comment for Weld County Commissioners on TWP I 2 $ EXHIBIT AP 951t I% -O (3O Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I'd like to add to the comments from Kathy Weinmeister on the Zeiler Farms Route. please note, The Town of Windsor, specifically the Mayor and Town Manager are in support of our proposed direct route that parallels CR13 and Thornton still hasn t budged on adjusting the route on our property. We ask for your support of the ROW as the best place for TWP or support our proposed route to save us valuable acreage. Thank you! Jill Zeiler Triantaphyllis Zeiler Farms Sent from my iPhone > On May 5, 2021, at 12:49 PM, Jill Triantaphyllis <jtriantaphyllis@yahoo.com>wrote: > > > As a landowner, I'd like to reiterate an observation regarding the "feasibility" of utilizing the ROW for TWP. It seems to me that it is less burdensome for Thornton and government entities to have the pipeline not placed in the ROW or more convenient which places ALL the burden on Landowners and minimizes the landowners property use. I find this repugnant and would like to stress that the road and ROW are for things such as this pipeline. As a landowner, we think this pipeline truly belongs in the right of way and government should be doing all they can to save our land being taken for public use/benefit and diminishing our hard earned property/value. > > Thank you. > Jill Zeiler Triantaphyllis > Zeiler Farms, Board Secretary and Landowner Sent from my iPhone 1 Nanda Devi KIRBY DELBERT ARTHUR RF HOLDINGS LLC RF HOLDINGS LLC • OLSON BROS LP OLSON BROS LP S SULLIVAN JAMES J SULLIVAN JAMES J NANDA DEVI LLC OLSON BROS LP RFICHFRT EDWARD S KITTY WILSON ARENA LLC KITTY WILSON ARENA LLC KITTY WILSON ARENA LLC Schneider Fami y Trust PRIVILEG SCHNEIDER MARGARE I A n. _�- ..' _ Se i SCHNEIDER EUGENE F FAMILY TRUST KI 1RTN Vt/FI n rn WATER fIICTPI(T i OVEF ETON DANIEL BETSCHA RT ROY WAD SIMMONS TED V KIMBERLING LIVING TRUS Hello