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Home My WebLink About20211161.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant City of Thornton, Colorado Case Number USR18-0130 Submitted or Prepared Prior to Hearing At Hearing 1 David and Stephanie Shawn and 2018 Pam Hill, Ron and Carole Sondrup, Hoff, Mark and Linda George — letter Jim and Sandy Helzer, received February 9, X 2 William Wycoft — letter received October 12, 2018 X 3 Garrett Varra, Varra Companies — letter dated November 30, 2018 X 4 William Wycoft — email received May 20, 2019 X 5 Presentation from the applicant 2019 X 6 Patrick and Kelly Auker — letter dated February 12, 2020 X 7 Ted Simmons email received March 27, 2020 X — 8 T. Seychelle Hicks — email received June 16, 2020 X 9 Rebecca Hicks — email received June 17, 2020 X 10 Garrett Varra — received June 17, 2020 X email 11 Zeiler Farms Triantaphyllis do Richard — letter Zeiler, dated Kathleen Weinmeister, June 18, 2020 Amber Sample, and X Jill 12 Eugene F. Schneider Trust 2020 and Margaret Schneider — letter dated June 17, X 13 Ted Simmons letter dated June 5, 2020 X — 14 Ted Simmons — email dated June 19, 2020 X 15 Simmons — letter dated March 20, 2020 X Ted 16 Frederick and Deborah Myers letter received June 23, 2020 X — 17 John Sauer Sr, LLC and the Sauer Family letter received June 19, 2020 X — 18 Letter from Thornton requesting changes to the resolution X 19 Presentation from the applicant 2020 X 20 Images of the Schneider and Simmons pipeline alignment X 21 Zeiler Farms Jill Triantaphyllis do Richard — letter Zeiler, dated Kathleen June Weinmeister, 18, 2020 Amber Sample, and X Prior to At Hearing Hearing 22 Public Comment via email — Philip Benedict received July 21, 2020 X — 23 Public Comment via email — Jill Zeiler Triantaphyllis — received July 21, 2020 X 24 Public Comment via email July 21, 2020 Larimer and Weld Irrigation Company received — — 25 Image of the Nandi Devi property referred to by the applicant X I hereby certify that the twenty-five items identified herein was submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. coulikuaint Diana Aungst, Planner February 19, 2018 Sent via U. S. Mali and Email Larimer County Commissioners Lew Gaiter III Steve Johnson Tom Donnelly 200 West Oak, Suite 2200 Fort Collins, CO 80521 Mr. Rob Helmick Ladner County Planning 200 West Oak Fort Collins, Co 80521 Mr. Mark Koleber City of Thornton 12450 Washing Street Thornton, CO 80241-2405 Weld County Commissioners Mike Freeman Julie Cozad, Barbara Kirkmeyer Sean Conway Steve Moreno 1150 O P.O. Box 758 Greeley,CO 80631 Re: City of Thornton 1041 Permit Application and the Thornton Water Project Dear Commissioners, Mr. Helmick and Mr. Weber: RECEIVED MAR 0 2 2018 WELD COUNTY COMMISSIONERS We are writing in regards to the City of Thomton's 1044 Permit Application currently making its way through the Larimer County process. As residents located along Larinner County Road I and Weld County Road 13, we would like to express our desire to have the Thornton Water Project pipeline placed in the middle of the current road right-of-way. We understand that the Town of Timnath has agreed to allow the alignment of the pipeline within the portion of the road located in Timnath immediately north or adjacent to our properties. The current maps supplied to us from Western States Land Services, Inc. show that the proposed pipeline on LCR Mk/CR*13 south of Harmony Road is aligned within the mad right-of-way until Larimer County Road 32 where is crosses into private land in Weld County. The maps indicate a placement on the Cerneno Ca•o taNs Gi Roc (CH/ ) cr ,c -r5) cot t en 2018-0715 Sondrup parcel in Weld County, then again into the road right-of-way until it crosses into the Hoff parcel in Larimer County. The pipeline continues in Larimer County part way through the George parcel until it crosses over to the Weld County property of Westwind Farm, LL. This route causes concern for us as property owners in that the proposed route cuts through irrigation ditches that are needed to service our cropsas a anti V a1 • - . a . i a a! -- - a aY a . - - - - a a a - - -- 1 - . - crcps a l ti would Ir r pact caul p u r �y V IUUS. We would ask that Larimer and Weld Counties require the Thornton Water Project pipeline to remain in the middle of the County Line Road rightaof-way from Harmony until Latimer County Road 32/Weld County road 68 12. We also note that Larimer County is now asking for additional informationimaterials from the City of Thornton regarding Field Survey Information, Pipe Alignment, Anticipated Construction Schedule, Pavement Restoration Plan and Utility Coordination. Larimer County requested this information in its January 26, 2018 letter for the 2.6 mile segment along County Road 54. We would request the same type of intonation for the portion of Larimer County Road 1NVeld County Road 13 that impacts our properties. It is our hope that the City of Thornton will be consistent in its application to Larimer County to include the additional information/materials for all properties along the TWP route. Thank you for your consideration. Sincerely, is/ See attached signature pages I -1"n mrt esnrl cfnak+anir LJ;II 1 ^r;r a i. f+,,..ak, Dnrjru.J kin Qafldl flflllflflO Lartufai UI IU ULCJJI la] 1« 1 1111, 1..1x1 iI1 ifl \mama], r- mu°, i 1W. gnu 1 uuurvSJV Ron and Carole Sondrup, Weld County Parcel Non 080707000042 Jim and Sandy Helzer, Larimer County Parcel Nos. 8612406001 and 8612406002 Shawn and Pam Hoff, Lorimer County Parcel No. 861200001 Mark and Linda George, Larimer County Parcel Not $013105002 and 8613105001 2 s,1*i cX. David and Stephanie Hill, Larimer County Parcel Na. 8601000008 4729 South Larimer County Road 1 Fort Collins, CO 80525 gee Sincerely, Ron and Carole Sondrup, Weld County Parcel No. 080707000042 34310 Weld County Road 13 Windsor, CO 80550 L &TO 4 Sincerely, Jim and Sandy Halms, Larimer County Parcel Nos. 8612406001 and 8612406002 6301 South Lerner County Road 1 Windsor, CO 80550 Surely, Shawn and Pam Hod, Larim&r County Parcel No. 8612001112 5 South Latimer County Road I Windsor, Co 80550 Sincerely, Mark and Linda George, Larirner County Parcel Nos, 8613105002 and 8613105001 6801 South finer County Road I Windsor, CO 80550 - October 12, 2018 Weld Board of County Commissioners 93.510th 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 TW'P 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. adcogovorg/sites/default/files/482_Opdf The relevant page is attached. Thornton's representatives have met with me on severel 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 -X59 -T259. Respectfully, (A.)illeginit William R. Wycoff Adriann C. Wycoff Attachments 4, 2 EXHIBIT 2 q0'R N WPWPATH FILE MM 1'E: Wt wmlO1.cgn T. - RNI FIN Set 60'ROW, MT MD FUTURE YARMEG WIRE OPMEP/M R FENCE ~• a iilfAf Kr PeTRIXDAI PIPS Kt EASEMENT autycaR ENERGY (USAI P'WEUNE co. REC. WSW {EXCEPTION 16 1 -II SEE NOTE 1 SO' CGS P'O''EURE EASEMi rr KPThEliN CIA&PlbXUCTS CO MEC.MI JS ,IxI aP ION 11 t -1I — ��PAS !7 T• aaL Sm SEIMM SEC. 32 R -67-W NO PROPERTY INFORMATION COLLECTED FVW — FEW $R 8W 5J LOTS RECORDED EXEMPTION 1469 -33 -3 -RE 2813 REC.21016J4 WW NOTE i. PRIOR TCcONSTRV1CT*OM IVO W.OSTIV Iq CA$(MEN? MOM ARCM E1fnaY. SW114 SEC, 33 T -1-N, R -67-W RAN iiw TWP PM1 at TOLIPORARY CONSTRUCTION EASEMENT --- -W- TWP PoIr1 6+i1' P€RMAMEN CASEMC NT TWO' Ppt.S 16' TElP1iRAR1' CONSTIIMONON EA MEN' WW FWM PN: 14 6933000019 NMI P's 0 #1, 59 194 Slats In RFC Of PION. ENV MC FUTURE GATE gyp a a C UI UJ - —EL — Cn � 1 z c› z - ---a-i— w em a QLcrI- - Liu cr 3 2 Q 9 4 44 VI 1 is I VERIFY SGMl a cit. k+ +ON Panficamia � GATE MAY 2011 X14.1 '1i591i &NG PM -11 SHEET OI PLOT 6ATE. 20154X13 PLOT TMI1F: ttfyL$AN a • S 4 .i — PIM a LL mit r-- toms^ RAW IDA a a a it Nvp PM ay illergiat • wrrt W" Cviolm,sasee C TIMP PRA laillaWir IIANDIENT a SEIM SEC. 32 T -1 -NF R -67-W NO PROPERTY *FORMATION COLLECTED i Tr— a* WELD COUNTY ROAD 17 is Mat a G a w.waryonice si mr I I DM _ale -0-.r. r: ,I II II IRS „I. S' ,se re . re. -00r- rrir 0 sr Pow Pumas W. PH: 14 300X19 LOT RECORDED EXEMPTION 1460 -334 -RE 3813 .s — SWIM SEC. 33 T -1-N R47 -i! C �OMIMOS BMW I NORMS. DAS PRODUCTS Cos RUCS arca 1� a rC I I e omactais berm Lu i • 1 i i t I I 9 lj WY Irtalti lanai IM!Sl 0110111, owo PM -44 �rr�rsct+r niwva Air war Cam; moissww KW Tat i9IM1 S s i •I I• : i j N E 1 /4 SEC. 32AS T -1-N, R-67-WPP iTHE LOT B RECORDED EXEMPTION 1 +62 -1 —RE 24 B 1 IRE.O.2605413 PN: 146932000015 E!SEMEMT 1. THAT PETROLEW T X MI TRUMENT + SS I T P1W1S (EXCEPTION RECORDED 1469 PN; NOTES• PARCEL 14 PIPELINE 4WM1Ei tD PAM4'US LE L GA'}. AS al:�aC RECORDED MAY 1 1973 �+�►.141.IE NOl' ANC NO °ITISTIIEa M i OF SECTION 3? 14) LOT A EXEMPTION -32 -1 -RE 2461 REC. 2446415 146932000014 I ISSUED FOR PERMIT NOT FOR CONSTRUCTION 0 , 1-4 i En LON • Z WIRE FED 1O RTR El1eCTR MP T TI Phi 4a iei1P'ORAWY ALP RPG 1Par 18 CONSTRUCTION EASEMENT NIMMONS 261-1, 231.4) sROMEO /1/, L R "`— EL EL- e..- _.-- -EL EL-�-- EL------a------EL TMP PA -1 w' PE IE61T �r� Mil MY W w — Mr w w - - - w w w W �--EL— — —d. Et..-.* ----EL--fL------EL - -- 1 ._ In_,.T---•—— EL — ---- — Et ---- — — iwP PaF1 rQ TEMPORARY W WI MOW FUTURE $LOGTI0N APPROXIMATE) CONSTRUCTION EASEMENT -. �..... — — — — — — — — — -� — — --11 - - - - — -- �..,-,,_,... IG PJ4 I il as ROW, EXIT WELD COUNTY ROAD 17 8 �- ►s 1►' W.UNE SWIM. W0411-. SEC: 33 O - W - RANG LEI - RNY - 14/N R►YY it�YM r W ilrW _....... LL} co x Lid I4it + G T'AR PAW 604 PERMANENT EASEMENT— --�- Li —a �,. — — — — — — — — — — r-. — — — — -�- — "'I X 0 ( i — — 50" RAI PIMP& EASEMENT4' M0RTh'�E14<N OAS 5a w%PPELRIE EASEIiEMT I'FCa7HEltl11 O i 5 CO.C4 REC. 1672426 SAS PIPELINE E MiENT NOR THEM RA&PRS.1I�uCT3 Oa rsi I Z I U +q �p RRf1d1lC7Q REC.1 P�I9C] V (E3oCEPTICIN S IDS, 1.T1 AEG cans (EiRt�PTf4N 51•fi} =PIMA 61+5 'PM k T4MP P�41 a +.,�V '�•. a Burr CU?tTRtCTtON w t EASEMENT 1/4"51 G USRXX-XXXX PERMIT MAP 3 i '___,�,:F I NOM + ! 9 'Q HOUSE 1-9 1-3 1-6 1-7 v PN: 146933200024 LOT A RECORDED EXEMPTION 1469 -33 -2 -RE 3201 GEC. MOW PN: 146933200003 LOT A RECORDED EXEMPTION 1469-33-2-RECX16-0083 la REC. AMOUR PN: 146933200004 LOT B RECORDED EXEMPTION 1469-33-2-RECX16-0063 REC..2W4 SWIM, NW'I /4 SEC. 33 PN: 148933200001 RECORDED 1489 -33 REC. LOT A EXEMPTION -2 -RE 4714 3643071 R T -1-N, R -67-W . _.. _.. vain' WALE p p p P WAY OW MS ON 0AWS Waft I' D 5C 14D 1$rGimp GATE MAY' 2Cib 'PROD Em giww. 000161 Sae hi Fit DWG PA 143 SMELT of £PA'PATH FILENAME: YVCPem+IJ3adgn ROT OATS: 2018hWBs13 PLDT TIM: 8 38 AM Karla Ford From: Sent: To: Cc: Subject: Attachments: wwycoff b n7@aol corn Saturday, October 13, 2018 12:53 PM Karla Ford Acwycoff@arol .co m Wycoff request letter to the BOCC 2018-10-12- lycoff_Letter jpg; Att_1_,Wycoff_Crossroadsfilignment.pdf: Att_2 _Wycoff_T P_Route.pdf; Att_3_1 ycoff_TI P_Routes-Detailed.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 tlw content is safe. Dear MS. Ford, Thank you for your time and help on Thursday, You provided valuable information and guidance on communicating with the Board of County Commissioners. After we spoke, I contacted Thornton about any existing USR related to their water pipeline plans involving our property. Their response was clear in that there is no USR at this time. However, Thornton wants to submit one before the end of the year. Therefore, the B000 should be able to consider our question at this time without it being entangled with the larger project. Attached is our request letter to the Commissioners and three attachments that clarify the situation. If a physical copy is needed, just let me know. I can quickly get as many copies as might be needed to you. If there is anything else that is need or anything I can do to help, feel free to contact us at 303.659.7259 or via email at wwycoffbn7@aol.com. Of course, I would be happy to be available to the Commission and respond to any concerns or questions that might develop. Best Regards, Bill Wycoff I November 30, 2018 Weld County Commissioners 1150 O Street P.Q. Box 758 Greeley, CO 80631 **sent Via Email to Diana Aungst--claungst weIdgov.com** Subject: Thornton Water Project Pipeline Location Comments Dear Commissioners: The city of Thornton (Thornton) has contacted me requesting easement for the Thornton Water Project (TWP) pipeline across property owned and operated by Varra Companies, Inc. and Pasquale Varra along Weld County Road (WCR) 17 between WCR 26 and State Highway 66. Thornton has informed me 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. It is my understanding that the intent of this requirement is to benefit private property owners in the form of compensation for the easement. Properties owned by Varra Companies potentially affected by the TWP are either being actively mined or will be mined in the near future. Mining and reclamation plans have been developed and approved or are in the process of development for all these properties. Thornton's representatives have met with Varra Companies on several occasions to determine routing that will least affect mining operations; however, any permanent easements on these properties will result in significant loss of gravel resources and water storage volume after reclamation. Loss of these resources cannot be recovered by the value of the easement. I met with Thornton representatives and Weld County staff on site May 17, 2018 to discuss these issues and potential alternatives, including whether Weld County would allow the TWP in WCR 17 and WCR 28 ROWs. At that meeting, staff indicated that this would be considered, subject to Thornton providing sufficient survey to show that the TWP pipeline could be in ROW without conflict to existing and planned utilities and road maintenance. Thornton has obtained that survey and shown that the pipeline can be installed without conflict. Gravel mining is a significantly different land use than most of the rest of the TWP alignment. In agricultural areas, the pipeline can be in an easement without long term effect on land use after construction. Farming and ranching can continue on the property encumbered by the easement once construction is complete. In areas planned for development, the easement can be located in required setbacks from the county road, which does not affect area available for development. Conversely, gravel mining makes use of the property to the highest degree, so any easement would have a long-term negative impact to the use of the property. Permanent easements on the existing and proposed gravel mines owned by Varra Companies would have a detrimental impact to our business that cannot be compensated in the cost of the easements. Varra Companies strongly requests the Commissioners allow Thornton to install the TWP pipeline in the WCR 17 and WCR 28 ROWs adjacent to our properties. Thank you. If you have any questions/ please contact me at gvarra@varracompanies.com or 720-272-2857. Respectfully, einorestes, Garrett Varra Varra Companies, Inc. Weld Planning Commission 2019-05-21 Wycoff Mr. Chair and members of the Planning Commission. I am Bill Wycoff and live at 333 County Road 17. I appreciate this opportunity to speak to you and present my family's thoughts and positions regarding the pipeline. 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. • Highlight where our property is located. Our house and those of many neighbors are close to the road, such that this alternative looked bad, truly disruptive to us. • 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. • Slide 03 shows the Preferred Alignment with additional details of the TWP. • Describe how using the future Right of Way will minimize the impact on our property. It leaves more useable ground between the new road and the old. • Slide 04 is a 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. • It seems workable that Thornton would obtain an easement along the Preferred Alignment soon. Whenever, if ever there is the alignment change, road right of way would be placed over the pipeline. • Slide O5 shows what the neighborhood has known a long time; that this area is in Thornton's Growth Management Area (GMAJ. We are Weld County and to a degree also Thornton. • It has been good working with the Thornton Water Project 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 future road alignment situation. • I would be happy to answer any questions the Commission might have before turning it back to the Thornton Team. to V .0 S EXHIBIT 4 WELD/ADAM/ COUflTY LiflE QO!lROHD! ALIGfl1flEflT /TUDY WCR 17/Quebec !treat (Alternative I) Aerial Flown April -June 2006 Call? kirk Itar COLOR ADO st \_ )Are SC0UNTY City of FELSELIRCI Thornton H O LT ULLEVIG EV I G North 1 2 3 4 5 6 2 A B Ci 7 S t }51 P Pff RVJ 77erw �C O L L LL i2 (00 XE IJ + CC 0005 I- Rt. RN/ RV; W/ C' _FL L C C Rfl, C EL 1. r._ — — — C_ C r.w ;4 FI fr. FU IURE QUEBEC SJI EL C 'r4 1r _ 1 •r arite J E 168TH AVE 33 F A iq FYN F P kth POP RV: J�Hnf. `.4 C Pi C LL C wsrr RN.' EL — EL C A C CENTERLINE RADIUS = 1210.50 R V.' aL— -- C C N RV: E. WTI Li CL — C eVt 3Rr R.'r! ti1V C 0 .%%iME 100 C C CENTERLINE RADIUS = 1169.50 2 200 { 300 Stale In Feet fl. — C w C Li E_ — _ — — - a 7 r O la CC I- 0 O ❑ f I. CC CO a tt CO 0 0 m L U Ca 5 IJJ O a 2 U cc d w 0 d z U) n THORNTON WATER PROJECT CITY OF THORNTON THORNTON, CO Ul— W coZ W III JJ i! O O • W Z W J LU LLBIY i- [y fl 0) VERIFY SCALE BAR IS ONE INCH ON ORIGINAL DR ;WING. 1.1 I" DATE MAY 2018 Q GH2k1 HILL 201 ,5. ALL RIGHTS RESERVED. cD • �- w 4 b' art w LL S HZ a} 0 WI n rie ECO L7 • H J 4 LL L7 _- ua O - [E LL I - H0 z W F S ELH J a -4 zLr =a L? LL ZF ID rC w L= o ▪ er w U HLL G r o- re Q. — • 0 Z a Ca — IL pS r ¢ o L• co wW ❑ LL w� H pH a rti w 2 ra 0 ca CJ = • _. _ _ -o REUSE OF DOCUMENTS: PROJ 478988 DWG SHEET of SPWURL SPWPATH FILENAME: WCPerrnit00.dgri PLOT DATE: 2018\07\06 PLOT TIME: 9:23:00 AM October 12, 2018 Weld Board of County Commissioners 93.510th 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 TW'P 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. adcogovorg/sites/default/files/482_Opdf The relevant page is attached. Thornton's representatives have met with me on severel 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 -X59 -T259. Respectfully, (A.)illeginit William R. Wycoff Adriann C. Wycoff Attachments q0'R N WPWPATH FILE MM 1'E: Wt wmlO1.cgn T. - RNI FIN Set 60'ROW, MT MD FUTURE YARMEG WIRE OPMEP/M R FENCE ~• a iilfAf Kr PeTRIXDAI PIPS Kt EASEMENT autycaR ENERGY (USAI P'WEUNE co. REC. WSW {EXCEPTION 16 1 -II SEE NOTE 1 SO' CGS P'O''EURE EASEMi rr KPThEliN CIA&PlbXUCTS CO MEC.MI JS ,IxI aP ION 11 t -1I — ��PAS !7 T• aaL Sm SEIMM SEC. 32 R -67-W NO PROPERTY INFORMATION COLLECTED FVW — FEW $R 8W 5J LOTS RECORDED EXEMPTION 1469 -33 -3 -RE 2813 REC.21016J4 WW NOTE i. PRIOR TCcONSTRV1CT*OM IVO W.OSTIV Iq CA$(MEN? MOM ARCM E1fnaY. SW114 SEC, 33 T -1-N, R -67-W RAN iiw TWP PM1 at TOLIPORARY CONSTRUCTION EASEMENT --- -W- TWP PoIr1 6+i1' P€RMAMEN CASEMC NT TWO' Ppt.S 16' TElP1iRAR1' CONSTIIMONON EA MEN' WW FWM PN: 14 6933000019 NMI P's 0 #1, 59 194 Slats In RFC Of PION. ENV MC FUTURE GATE gyp a a C UI UJ - —EL — Cn � 1 z c› z - ---a-i— w em a QLcrI- - Liu cr 3 2 Q 9 4 44 VI 1 is I VERIFY SGMl a cit. k+ +ON Panficamia � GATE MAY 2011 X14.1 '1i591i &NG PM -11 SHEET OI PLOT 6ATE. 20154X13 PLOT TMI1F: ttfyL$AN a • S 4 .i — PIM a LL mit r-- toms^ RAW IDA a a a it Nvp PM ay illergiat • wrrt W" Cviolm,sasee C TIMP PRA laillaWir IIANDIENT a SEIM SEC. 32 T -1 -NF R -67-W NO PROPERTY *FORMATION COLLECTED i Tr— a* WELD COUNTY ROAD 17 is Mat a G a w.waryonice si mr I I DM _ale -0-.r. r: ,I II II IRS „I. S' ,se re . re. -00r- rrir 0 sr Pow Pumas W. PH: 14 300X19 LOT RECORDED EXEMPTION 1460 -334 -RE 3813 .s — SWIM SEC. 33 T -1-N R47 -i! C �OMIMOS BMW I NORMS. DAS PRODUCTS Cos RUCS arca 1� a rC I I e omactais berm Lu i • 1 i i t I I 9 lj WY Irtalti lanai IM!Sl 0110111, owo PM -44 �rr�rsct+r niwva Air war Cam; moissww KW Tat i9IM1 S s i •I I• : i j N E 1 /4 SEC. 32AS T -1-N, R-67-WPP iTHE LOT B RECORDED EXEMPTION 1 +62 -1 —RE 24 B 1 IRE.O.2605413 PN: 146932000015 E!SEMEMT 1. THAT PETROLEW T X MI TRUMENT + SS I T P1W1S (EXCEPTION RECORDED 1469 PN; NOTES• PARCEL 14 PIPELINE 4WM1Ei tD PAM4'US LE L GA'}. AS al:�aC RECORDED MAY 1 1973 �+�►.141.IE NOl' ANC NO °ITISTIIEa M i OF SECTION 3? 14) LOT A EXEMPTION -32 -1 -RE 2461 REC. 2446415 146932000014 I ISSUED FOR PERMIT NOT FOR CONSTRUCTION 0 , 1-4 i En LON • Z WIRE FED 1O RTR El1eCTR MP T TI Phi 4a iei1P'ORAWY ALP RPG 1Par 18 CONSTRUCTION EASEMENT NIMMONS 261-1, 231.4) sROMEO /1/, L R "`— EL EL- e..- _.-- -EL EL-�-- EL------a------EL TMP PA -1 w' PE IE61T �r� Mil MY W w — Mr w w - - - w w w W �--EL— — —d. Et..-.* ----EL--fL------EL - -- 1 ._ In_,.T---•—— EL — ---- — Et ---- — — iwP PaF1 rQ TEMPORARY W WI MOW FUTURE $LOGTI0N APPROXIMATE) CONSTRUCTION EASEMENT -. �..... — — — — — — — — — -� — — --11 - - - - — -- �..,-,,_,... IG PJ4 I il as ROW, EXIT WELD COUNTY ROAD 17 8 �- ►s 1►' W.UNE SWIM. W0411-. SEC: 33 O - W - RANG LEI - RNY - 14/N R►YY it�YM r W ilrW _....... LL} co x Lid I4it + G T'AR PAW 604 PERMANENT EASEMENT— --�- Li —a �,. — — — — — — — — — — r-. — — — — -�- — "'I X 0 ( i — — 50" RAI PIMP& EASEMENT4' M0RTh'�E14<N OAS 5a w%PPELRIE EASEIiEMT I'FCa7HEltl11 O i 5 CO.C4 REC. 1672426 SAS PIPELINE E MiENT NOR THEM RA&PRS.1I�uCT3 Oa rsi I Z I U +q �p RRf1d1lC7Q REC.1 P�I9C] V (E3oCEPTICIN S IDS, 1.T1 AEG cans (EiRt�PTf4N 51•fi} =PIMA 61+5 'PM k T4MP P�41 a +.,�V '�•. a Burr CU?tTRtCTtON w t EASEMENT 1/4"51 G USRXX-XXXX PERMIT MAP 3 i '___,�,:F I NOM + ! 9 'Q HOUSE 1-9 1-3 1-6 1-7 v PN: 146933200024 LOT A RECORDED EXEMPTION 1469 -33 -2 -RE 3201 GEC. MOW PN: 146933200003 LOT A RECORDED EXEMPTION 1469-33-2-RECX16-0083 la REC. AMOUR PN: 146933200004 LOT B RECORDED EXEMPTION 1469-33-2-RECX16-0063 REC..2W4 SWIM, NW'I /4 SEC. 33 PN: 148933200001 RECORDED 1489 -33 REC. LOT A EXEMPTION -2 -RE 4714 3643071 R T -1-N, R -67-W . _.. _.. vain' WALE p p p P WAY OW MS ON 0AWS Waft I' D 5C 14D 1$rGimp GATE MAY' 2Cib 'PROD Em giww. 000161 Sae hi Fit DWG PA 143 SMELT of £PA'PATH FILENAME: YVCPem+IJ3adgn ROT OATS: 2018hWBs13 PLDT TIM: 8 38 AM Karla Ford From: Sent: To: Cc: Subject: Attachments: wwycoff b n7@aol corn Saturday, October 13, 2018 12:53 PM Karla Ford Acwycoff@arol .co m Wycoff request letter to the BOCC 2018-10-12- lycoff_Letter jpg; Att_1_,Wycoff_Crossroadsfilignment.pdf: Att_2 _Wycoff_T P_Route.pdf; Att_3_1 ycoff_TI P_Routes-Detailed.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 tlw content is safe. Dear MS. Ford, Thank you for your time and help on Thursday, You provided valuable information and guidance on communicating with the Board of County Commissioners. After we spoke, I contacted Thornton about any existing USR related to their water pipeline plans involving our property. Their response was clear in that there is no USR at this time. However, Thornton wants to submit one before the end of the year. Therefore, the B000 should be able to consider our question at this time without it being entangled with the larger project. Attached is our request letter to the Commissioners and three attachments that clarify the situation. If a physical copy is needed, just let me know. I can quickly get as many copies as might be needed to you. If there is anything else that is need or anything I can do to help, feel free to contact us at 303.659.7259 or via email at wwycoffbn7@aol.com. Of course, I would be happy to be available to the Commission and respond to any concerns or questions that might develop. Best Regards, Bill Wycoff I 168th AVE 160th AVE 144th AVE 136th AVE 128th AVE 120th AVE 112th AVE 92nd AVE 88th AVE 84th AVE Future Growth Boundary City Boundary School Proposed Transit Stop RTIJ Park n Ride South Platte River Railroad Roadways -- Proposed Interchanges Floodplain Water Storage and Gravel Pits Residential Estate Residential Low Residential Medium Residential High Urban Village Mixed Use Gateway/Mixed Use Commercial Regional Commerdal Employment Center Employment Center - North Washington Overlay Industrial Institutional Parks and Open Space Urban Reserve x 2 r4 i:v •to al - O QID i1-' O -0,C a a) L{- {� ` c-cf`�V C .C a O 9) O cv "_' L {Q > a as-- 4- _- a,0 iii c — cu UJaOc Zr. J -' p r Ci " - C - • 8 ua8 Thornton Water Project - Segment 1 Weld County Use by Special_ Review Permit Application urpose and Need • Additional supply by 2025 • Help address source water quality issues Enhance Thornton's water supply 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 WSSC and JDC headgates Ma wire Ucb uiI iodkuueicr Uk - 1 WSSC Res #4 l %;st 1 .$I Rc; ,ft Th `3J —t [t r 'L li tva JOHNITDW ILaui I SEV RANCE V JP\s`- GREELEY r W E ?FORT LUPTON .JI E IGHTO 5 r 'WrtLL 1 . O f Thr L D C '› ADA WSSC Res #4 Infrastructure to deliver Source Water to Thornton's Treatment Plants Thornton Water Treatment Plants Mission, Vision, Values and Guiding Pfncplesi Established by Thornton City Council: • Open communication • Collaboration with communities, property owners, public officials • Good Neighbor/Good Steward commitment COLORADO'S War cR PL,AhrV COLLABORATING ON COLORADO'S WATER FUTURE Home The Plan The Basins w The Technical Analysis v Implementation v Learn More Colorado's Water Plan People Love Colorado. Our tonic mountains, rivers, minerals, plains, communities, forests, snow, wildlife, and wilderness have drawn people by the millions to our centennial state. Our population has ballooned from 1 million in 1930 to over 5 million today, and could nearly double by 2060. Sustaining this growth recuires water. With this projected pace of growth, how do we preserve what we love about our state? Colorado's Water Plan has answers. Colorado's Water Plan includes the Thornton Water Project err. yl Thornton's Northern Properties Stewardship Plan City of Thornton Farm Properties 2$ s 7s 10 Legend Active Revegetatron = Irrigated Agricultural Pronchon Lc Thornton Farm ID Esiattishe+d Revegstation • Sob • j 71/SSC Reswvoirs • • S • Collaborative and community -based planning process Shared vision for the future of Thornton's properties Meet local community's goals Meet Thornton's water supply goals Maximize existing supplies • • • before using WSSC water Thornton's effective water conservation programs — 26% reduction in residential use since 2002 HOME f SIGN UP FOR THEE- MVWLLTTU( %AIRY Wit r,, fti b PAT Mt NI rk RESTRICTION INFO TIPS C RESOl1RCES MUTES Et FREE SERVICES TAKE ACTION ANBASSARORS CONTACT US Wake a IllateArgende ctiprade & GET A REBATE UP TO $200 Replacing your toilets. rain sensors and irrigation controllers with water -efficient models conserves H?O. Cuts down your water hill nncl helps you sage with n WaterSense rebnnte USE OUR ONLINE FORM TAKE ACTION. GET A FREE SPRINKLER CONSULTATION Reuse program — gravel pit storage Current water supplies adequate until approximately 2025 ( Source Water Stewardshi p • Agreement with WSSC ✓ Historic water deliveries to other shareholders are not altered in time or quantity, their expenses not increased, nor their other rights adversely affected. • Water Court Decree ✓ Water must be used by Thornton ✓ Revegetation to native grasses ✓ Non injury to other water rights Men Project Overview Source water acquired: • Water Supply and Storage Company (WSSC) • Jackson Ditch Company Overall project is approximately 75 mile pipeline to Thornton's Treatment Plants rA- WSSC Res #4 fir+ lice— 31 7� r L Ina • 4 it I,t I • ji A F t 1; AT DOW" a" 1 i ~ R I 41. Pa I 11,9 E St 1 ;cola I. I O NNW FORT R IJ ►.r • road a OLLINS res ea w LOVELA C fi MA1 r- • t i BERTHOUD rjaspiv i I WELD COUNTY SEGMENT I OU L D E R ,# Rot IDE I t 9 1. I'� 3 Is I� ERIE N - ' i _!' i ' r-BR:QOMFIELD ilmne•S SW. I I a en& I• - a SEV RA Net AULT ;TONE ERICK GREELEY FORT LUP WELD N 1:2 v - Thornton Water Treatment Plants it D A ,a Larimer County 1041 "The Board is cognizant that it may not deny Thornton the use and benefit of its water rights and that the Board's authority is limited to approving the siting and development of pipelines." Findings and Resolution denying the Thornton Water Project 1041 Permit; Board of Commissioners of Larimer County, Colorado, March 19, 2019 S S S Thornton Water Project Weld County Segment 1 Buried 48 -inch water pipe Buried fiber optic cable 13.3 miles in Weld County • 15 mile total length u x Cr) LINN A AVE 1 `Yr aa� Li C• `7 Wci ti ; J .111 __- ,,1 •••,-t I'r-.I'(..�}mil ERIE•PKV 7 ERIE 60TH AVF 0 S _4:11FIR€STONE ItR2O NORTHGLENN 0RNTON I- _- rn } BLE t.VE en.; c CR6 cc C) -_l.' I(14 fn ' + a: u w I C CR 3 .so } CR 31.5 PLATTEWLLE I C, C} to z —o G9 • C4 m. 4 to Ice CR 32 \ pp, 4 5 or, 1 P 0 CR 4.5 CR 30 CR 22 I CR 18 FORT LUPTCN WELD COUNTY SEGMENT I 440 2 2 n CR16 1471 1 ST �THY;1� '-7'THj$T,�' J• l I` 7 • 3C CR8 Legend TWP PA -1 Route in Current or Future Road Right -of -Way TWP PA -1 Route in Unincorporated Weld County TWP PA -1 Route in Incorporated Weld County C ) 1 „ea Meeting the Approval Requirements Weld County Code Sec. 23-2-510 -- Consistency with Comprehensive Plan Guiding Princip i es ffr S S • S S S 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 I I I I (-• Cons'stency with I i Comprehensive Plan -�; I Tom\, ` 1 " 1 �`! J -1 , 1 r 1 I I i 1 It 1 fl r I.- ;; 1 I• I 1 , II/ I` I' - S 1 , 1 • '•. _ _mil/I 1 I I 1 ! I I .. \._ �t 1 t_ ^ . 2I t �t l ' -$ , , ' 1 Guiding Principles �•' 1-31—rr_ 1"+,. •-•," , 1 • r 1 1 ' '� r 1 -' rr - I I 1 I 1 r ' 7,3 t Jr �i I 'I {+ I !:)!I I I tCL- f7 11 I J , r , r/! , I I ! i . 1 1 r ' IJ I I e{ I II ; f . ! , _:f r '—fir; 1 7I 1 _ r'it; r ; ; E. I 3 •. I ,., i • I I\• J _ •- '�! - � I I _ ' • _ f / I 1 ' r ! /1 IIll !r. . ' ! ' r r, Imo/ ,r, ry-7. ti. r I Jr I, J ,' i I f '' ' 1? g /r , i I ;f I I H 11 • , ! ' ; , I I I , • f �, ' ! I r I I• l7 rI ; 1 , I I I I I I ;e _ I/r IlFlit :. ir ---- . I I : i i! ; 1 1 I II r .1 ' I r • Fairness in the Land Use Change Procedure 1 -1 ! ; k r I .....•: ff .. 7;--'t J r`{'_1'1 f _>9 r y 'j r; ,— t7 r ,1,`/ . -� ti l i • ' . I ; I I II f I! I i! It i, !! j I I I, II 4 '�tt I /1 I 1 J- • I , I J I !' 1 I ! ! i I ' I • • , ' ' , .t. • •, 't. • < I '' d/ L, I ✓/ ' I. •% Jl III , ! ! , I , , , 1 ; ,' , ! ; , r`..,," ; ' '�-mss/' ' ' I • I ! 1 ' r 1 ; ; f , ' i ! ' I ' • ,% j II ' J. I 1 ' 4‘.‘? 7-"N• t,f 11 I ,' ; I r rI. - I 4. 1 r ' I I. I 1 I I I.... `i • , 1 , , I I r J ', 1 I 11 _'f •' I 1 i i� t, '' i i 1 ' I' I ' , ;i r` I F� —,, `. �f. s` —1�I r r i t r1 ri r; I I 1, I 1 1 /• ,r I I 1 Il, / I 1 / If I=mo • Regulations addressing Land use changes • I ; < '" ti ( X1,1 ! i`r .I i - 7-.7" , ''f \g �'i i /-~I -51„ ! ; r,�'4 I ' I 1 ', 1 1 1 , 1 I , I ; rt I I ,� , r II ' , I I ' 1 ! , ' ! ' I I 1- ' •\. �/ r -l' ' ' ! tom',?''! • 1 , i ,I ' { +rl)- 1-'I fI Jr^I '7,' L, lr` tl `i ;'if I I .; I lie, II/ Irl ;! i,, ! 1 rr I , I It I, ' \.t..-.?' I 7 I I • -- Consistency with Comprehensive Plan Guiding Principles • Private Property Rights • Respect for Weld's Agriculture Tradition • Recognition of the County's Diversity • Economic Growth i 17 -- Consistency with Comprehensive Plan Private Prooertv Rights • Work with property owner on pipeline location • Minimize impacts • Communicate acquisition process/rights • Good faith negotiations 18 Cons'stency with i I Comprehensive Plan Res • ect for Weld's A • riculture Tradition • Passive use • Pipeline buried below plow depth • Ag uses can continue after construction • Temporary impacts only • Mini ize crop impacts Cons'stency with i I Comprehens've Plan i I Reco nition of the Count 's Diversit • Compatible with diverse land uses: Agriculture Low Density Residential Open Space Energy Industry -- Consistency with Comprehensive Plan Economic Growth • No impact on growth or prosperity • No impact on government services • Coordinated with local governments 21 Eght Ppel'ne Approval Standards i I i i I Section 23-2-480 Avoid or minimize pipeline impacts to agriculture Avoid adverse affect on surrounding area development Mitigate negative impacts on the surrounding area Control soil erosion, dust, and noxious weeds Implement measures to protect County residents and mitigate impacts Assess alternatives and propose a pipeline consistent with County interests and balanced resource use Protect natural and cultural resources Avoid adverse impact from stormwater runoff 7 Responsve nformation i I i ➢ Natural and Cultural Resources Assessments ➢ Monitoring and Mitigation Plans: ➢ Open Waters, Wetlands, and Riparian Areas ➢ Animals, Plants 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 • Agricultural uses can continue • Parallel to property lines; adjacent to Weld County future ROW • Irrigation ditch crossings per company requirements • Topsoil will be stripped, stored separately • Commitment to cooperating and coordinating with the agricultural community • 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 effects on the rural character of Weld County • Thornton has coordinated with local governments regarding planned land use and development 5 S • S S • • Approva i Standard 3 Mitigate negative impacts on the surrounding area Pipeline is buried below plow depth Consider property owner preference Be outside current and future planned road ROW Be adjacent to roads, ROW, existing utility easements, and property lines Minimize road crossings Minimize impacts to environmental resources AdiS 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 n7 • Approva i Standard 4 Control soil erosion, dust, and noxious weeds • BMPs to minimize or mitigate soil erosion • Dust control plan; CDPHE air quality permit • Disturbed areas will be revegetated • Noxious weeds will be controlled 28 7 S 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 Thornton has reviewed the staff report and the recommended conditions of approval, and commit to implementing identified measures 29 7 S Approval Standard 6 Assess alternatives and propose a pipeline consistent with County interests and balanced resource use • A multi -step process was used to develop the water pipeline route to minimize impacts to local communities and future development t Approval Standard 6 Project Coordination • Weld County staff • Weld Municipalities: Greeley, Windsor, Johnstown, Frederick, Firestone, Dacono, Timnath, Milliken, Mead • Utility companies and districts • CDOT, Corps of Engineers 31 ." abrcctthn II L(FAtifiE- I ---- '` '. aR?cMf(c o d!r.n11' LAFAti IE� 'PIER -7E CAE. ate • Ll1Ca BJIE' r. CMlePi. I rtArinh 4 r* • TOUT :GLL(N; :11ttl 7i J OWN ,k Alrt T `3CaoNor Po snip Station Look Approval Standard 6 Digital Public Outreach • www.ThorntonWaterProject.com • info@ThorntonWaterProject.com • 720-977-6700 • E newsletter 35 I(.704 Thornton WATER PROJECT Thornton Water Project Update GreetingsI After meetings on January 28th and February 4th of this year. the Board of Larwmer County Commissioners will hold a public hearing on February 11th for a decision on the Thornton Water Project. This meeting vil1 he held at 6:30 P.M. at 2001. Dal c St. in Fort Collins and will likely include a question and answer session by the commissioners, deliberation and then a vote by the commissioners. We appreciate the feecback and input provided by local residents and encourage all interested parties to attend this meeting. As always„ if you have arry additional questions about the Thornton Water Project, please do not hesitate to reach out to us at of horntonv,: otect.corr I or wwSyaterPrplect.coth or give the project team a call a 720-977-6700. Sincerely, Mark Koleber Thornton Water Project Director Approval Standard 6 Route Deve i opment Crteria i I • Where practicable: Outside current and future road ROW Adjacent to roads, existing utility easements, or property lines Minimize impacts to agricultural use Consider property owner preference Minimize impacts to existing structures Minimize road crossings Minimize impacts to environmental and cultural resources 7 Approval Standard 6 Preferred Route Deve i opment • The process to develop the water pipeline route was iterative, and is a result of: Negotiations with individual property owners Detailed land, utility, or resource surveys of engineering or environmental constraints 7 Approval Standard 6 Proposed Thornton Water Project Segment 1 Route 1-2Tb,111►A AVE 1611TH AU= TN,DRNTON Ori n1rL $ABLE AVE ' • tint,/ FIRESTONE Pc PINECONE GR 4 7- COMIAl'C 4 CC U! q) 1 w to F, 1,1 PLATTEVILLE WELD COUNTY SEGMENT I CR fi 440; GC CR186 Legend TWP PA -1 Route in Current or Future Road Right -of -Way TWP PA -1 Route in Unincorporated Weld County TWP PA -1 Route in C ) I I I I Incorporated Weld County 'asr Segment Statis t. CS • 15 miles totalLlength of segment • 1.7 miles in towns • 13.3 miles in Weld County • 2.8 miles proposed in ROW • 10.5 miles in easements • 64 easements required 7 Approval Standard 6 Land Acquisition • Property owners will receive a respectful process and just compensation • Easement negotiations include working with property owners to minimize impacts • Continued Agricultural use • Property, improvements and landscaping restored to pre -construction conditions or better • Non exclusive easements Approval Standard 6 Land Acquisition • Thornton has had multiple discussions with all of the property owners • Initial offers have been made to 100°/a of the property owners • Easements have been acquired on 6 parcels 7 basement Acquisitions "Thornton was very easy to deal with. They met all of my demands. They were very professional. They did not misrepresent anything and did not pressure us in any way. look forward to working with Thornton when the water line becomes a reality." Robert & Claudia Stevens 43 Approval Standard 6 Easement Acquisitions "I'm for the Thornton water project. Just want to let you know that we were pleased with the way Thornton and you dealt with us, very fair and respectfuL" Vinh Q. Pham Approval Standard 6 Land Acquisition • Current negotiation challenges: "Project hasn't been permitted" Oil/Gas easement prices • Will continue to try to reach voluntary agreements • Eminent domain will only be used as a last resort 45 7 Approval Standard 6 Proposed Use of ROW • Use of ROW requires Weld County approval. Approximately 2.3 miles is proposed in existing ROW Approximately '/2 mile is proposed in future planned ROW • Thornton has met with Weld County staff regarding these locations 7 Approval Standard 6 Property owner request to minimize impacts to mining activities • 9,871 feet 4120929200049' PI1C17€1/111LE DAIRY*L•UC, IOL2.XiiaaO' • 0' . 7i >rri•yy o-oOVWI L L�'1110 cp.la' IN dvilLEV 17.3 Approxim ct-I1y propo'= a`l Weld n iti • mjj U J' ;kw go 'n�,�1LL it 4L i44 L�• WO 1`. p TA o 1 :DR umwaswil EVERIST1I '3 UZIM a moo. a FIRESTON, E 4 TOWN OF t-M-T1"f.l'Pnl = `N'. _ W1'30xi1133 ] 12 TERRE CE ikEIDAMO i • 1 ' 1 1 ]V zgram --1 1". :1114i•l af' '.; iii -1 frig ,3x3 •V iaaaaTilga VW 66 MIXED Approximately 4,953 feet -amaitalit proposed in Weld County RQ i 31,11122023113 Maai Claire In1 F i1Arrt.SrJLl 0933b0040 ODER0 DYa 2 in. . IAL:•y�U?a.L,: s 1?] 17'vtiY711 L Ak1123 LID lick VSILD :cede_ 4:nKy�,j!ea -:.rr, �J Oo0025 1469282000im2 D&C FARMS LLLP (5/12 I NT) Approval Standard 6 Proposed Use of ROW Minimize impacts to a residential home frontage, wetlands, existing utilities, and the Dry Creek RUA • 385 feet Dry Creek RUA h1Rp T:rN :{Jail Pt•inn wearier, la Prat lee lysa4M Lvns svi nra i:'i::'J SIT mama lII tit', mkgr 1469324000D1 4ACOBUCCI JOHN x]14,0'1, INT) - IRS Ailyd Property owner request to minimize impact to future development Weld/Adams County Line Crossroads Alignment Study • 2,660 feet a; - !11 yY. U o Approval Standard 6 Proposed Thornton Water Project Permit App:catio9i Segment re_ Route u x Cr) ��-'I-.GIMIN W AV./16TY/ atr-a� ) ER1E•PPKL1 ERIE 160TH AVF roc 0 Ith 20 FREDERICK FIRErrmlE RD ONE } co. SCR 31.5 }, ■L' PLATTEWLLE to lie CR lb CR32 CR30 CR 22 I CR 181 FORT LUP7 N WELD COUNTY SEGMENT I 440 3C 2 2 n CR 16 14TI1uT CR8 Legend TWP PA -1 Route in Current or Future Road Right -of -Way TWP PA -I Route in uUnincorporated Weld County TWP PA -1 Route in 1 H Incorporated Weld County • 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 • Approva i Standard 8 Avoid adverse impact from stormwater runoff • Weld County grading permit • CDPHE Stormwater Discharge Permit • Stormwater management plan; BMPs • Disturbed areas will be restored to pre -construction grades and vegetation Ongoing Stewardship For areas disturbed by construction, Thornton will: • Monitor restoration status • Continue to maintain the site until the area is restored Easement documents include restoration requirements Thornton respectfu ly requests i a recommendation of approva i V'Assessments, impacts and mitigation are addressed in the Application v'Significant adverse effects have been avoided or mitigated 1Approval Standards have been met Thank you for your consideration Thank You! masiodrolThornton it WATER PROJECT To: Weld County Board of Commissioners 1150 0 street P.O. Box 758 Greeley, Colorado 80631 From: Patrick and Kelly Auker 2793 CR 17 Brighton, Colorado 80603 Re: Thornton Water Project Dear Weld County Commissioners, 2/5/2020 RECEIVED FEB12 2020 WELD COUNTY COMNliSSIONFpc� As owners of property involved with the Thornton Water Project, we are writing this letter to Weld County to bring your attention to our concerns of the litigation with the City of Thornton's Water Project. We realize the importance of this project, however there is only one way the City of Thornton is handling the litigation, and that is their way. Our concerns are mounting, and it is time that you as commissioner know that this is a one-sided deal. The pipe in question is designed to come down CR 17, mainly on the east side of the road. At our location of CR 8 and CR17 to CR 6 and CR 17, it is designed to come across the road to our property on the west side. Since the beginning of the litigation we have asked several questions, with no response to our concerns, only a contract that is loaded in their favor. We have enclosed a plan that shows Thornton's pipeline alignment and the home they are trying to get 1 1 ■ junction. ��■ r 1 need r s.. . r of around at this junction, There is only a for 320! x 25t easement on our property. Not 94T x W. No response of this issue from The City of Thornton. The Auker property on CR 17 is already overburdened with several easements. Another 50' easement will over distress the property immensely. There is no answer for the cause/reason by The City of Thornton due to their non response. County Road Easement Electric Easement Telephone Line Easement High pressure Gas Easement Irrigation Water Easement Total feet prior to City of Thornton Water Easement epee+ caca: PL(TP), oG. calm), car c P P I ), P OCeC tc F, Pug 301 I tPh ten), vet (SP/LL) 30' 10' 10' 25' 101 85' In . 0 . 0 a EXHIBIT QO es- The amount of compensation this project is offering is not enough to pay for attorney fee's to litigate property owners rights. We have been offered a fraction of other easements within our boundaries within the last 18 months. These are not fair offers, and the City of Thornton will not respond to any communications regarding the easement they are wanting. In November 2019 correspondence again was attempted to the City of Thornton to no avail. We have included this correspondence. Again, their response was, no response. A contract arrived by mail in January 2020 with no changes in design and that there would not be any design changes. We would like response from Weld County Commissioners regarding your position in this matter. This is to serve as public notice to all parties involved. Sincerely, Patrick Auker Kelly Auker CC: City of Thornton Mayor Western States Land Services Weld County Commissioners ENC: City of Thornton's Design Plans Letter dated 11/18/19 to City of Thornton Mayor & Western States Land Services 2 3 tV1Al CI-3LINE, SEE DWG PA1-11 4OTES: FGA 5ROPERTY 3-S NOTES SEE DWG 'Ms I 2. Ca P.RORERTY 4.1 MO 4.2 NOTES SEE d'Na FAA). T41P PA•1 YKATER PIPELIME LOCATION SHOWN ON °WANGS IS APPROXIMATE AND SUBJECT TO EWAL DESIGN. SARDEC WIRE FE:YClw !Om! — Tel - Si -F I.r SARSED'AIRE ENOS . (' -• C FENCE I- 1 a it alas Ni U. 4 50 6C 15. Saab HFey[ 3-5 PN: 146921000006 AEC. 3711365 R�FSr 3711368 (HL ANKET IN STATURE . EXCEr:OK$ 5. $) N1/2, NE114 SEC, 20 T -1-N, R -67-W 3-8 PN: 146920000019 TWPPA.7 40' TEmPI.RARY 7CON TRUCTiOn EASEMENT ----- C PAP Pilot 42' PERMAteN" SASE6T_NT FL E.' :9e- ' RN" WELD COUNTY ROAD 17 PN: 146921000073 W, 525• U. 9S.C. S1r2 4.4'11;4. SEC. 21 LOT A AMENDED RECORDED EXEMPTION 1469 -21 -2 -RE 287 RIEC 1987500 (E%CLUDE'S R'G*iT.OF,WAY1 EASEMENT NOTES . PARCE- 3-! PARCEL IS SUBJECT TO R 'WATER WELL AND EASEMENT -0 THE WELL AS CESCHIBEC IN WARRANTY GEED RECCRGEC MARCH V 1643. IN SOO< 11OTAT PAGE E:i7 LOCA•: EO N THE S,S2OF THE 24W104 OF SECTION 2' THE Ei.SEVENT 15 SAO TO BEGIN AT THE' ELL AND TANK AND RUNS SOUTH IC T rE wli2OF THE S'MM OF SECTION 2'. rtEITIMER -}1E WEr.,L ?:OR THE EASEAEST IS MATPEMATICPLLY DEFINEDAND THEREZCAE_ ISNDT SHO..'N O'4 1,4:5 MAO. 'EXCEL? ICH0! Ottno ED WIRE FE E CI'1 k ..elf GATE SPLIT RAIL FE.r .E 6 Ionia C sat C IIPPROXIMATE LOCATICH +',kO SIGNAL) Y F MOUSE�� DECK 2f; 1ELL d WATERLINE #3't.IT RIWARD OLSON REC. QM TM (EXCEPTION 11 3.71 ET SU:J Ent AND FLTLRE -., 4. T y�•- BARBED WIRE FENCE C tit ,SHon 1. f - a GRAv_L ROAD rat . I Obbt a 67 POW. E'XST xNa FUT�.R5 O C - «. Re' twa EL -• I To: City of Thornton Colorado: Mayor Heidi Williams 9500 Civic Center Drive Thornton, CO 80229 To: Western States Land Services SOS N Denver Ave Loveland, CO 80537 From: Patrick and Kelly Auker 2793 CR 17 Brighton, CO 80603 Dear Mayor, November 18, 2019 Over the past six months we have tried to contact the City of Thornton and Western States Land Services regarding the water pipeline you have proposed to property owners on which you seek an easement. No one person from either entity find it necessary to respond. On June 6, 2019 (Patrick and Kelly Auker) owners of property of which city of Thornton is proposing an easement, met with Nancy of Western States Land Services to discuss what Thornton needs are. Upon review, Thornton is running a water line up and down east side of CR 17. The reason for needing to cross over to West side into at 2793 CR 17, is to bring a pipeline around the dwelling at 2990 county road 17. Located on the South East corner of County Roads 17& 8. We downloaded Thornton's plan of this area for the pipeline and plans show the pipeline crossing to the west side for approximately 900 feet, then back over to east side of county road 17. The only part of property needed on West side of county road 17 is 160' to accommodate water line around the above said dwelling at 2990 CR 17. The West side of County Road 17 at address of 2793 has an over burden of easements: telephone line, high pressure gas line, electrical lines and irrigation easements, for a total of 40 foot wide. Another 50' would render 90' of property unable to be used for any future developments on road 17. We do understand the need to get the pipeline around dwelling on east side of county road 17, but only 160' or close to this distance is necessary for said pipeline. As there is a need to get pipeline of this nature around obstacles, and seeing on plan that the pipeline is on east side of County Road 17 and will return to east side of County Road 17 after dwelling at corner, therefor there is only a need for 16O' of easement needed on the West side County Road 17 Please review plan attached, to understand what our position is. In closing I would like to say that I have been trying to get this resolved for many months without any response from the City of Thornton or Western States Land Services, with the exception of November 11, 2019 contact that only states your position. We have reached out to Nancy on several occasions and could not get any answer back or call back regarding this matters r It appears that we are being ignored and that this is part of the tactics being used to push this pipeline through without any regards to anyone but the City of Thornton. We would like to meet and see if we could come to an agreement on this matter as soon as possible. Thank You, Patrick & Kelly Auker (303)921-0804 patsgreenacres@gmaii.com Patrick and Kelly Au ker 2193 CR 17 Brighton, Colorado 80603 WELD COUNTY BOARD OF COMMISSIONERS WELD COUNTY CLERK TO THE BOARDS OFFICE 1150 O STREET GREELEY, COLORADO 80631 Patrick and Kelly Auker 2793 CR 17 Brighton, Colorado 80603 CITY OF THORNTON MAYOR HEIDI WILLIAMS 9500 CIVIC CENTER DRIVE THORNTON, COLORADO 80229 Patrick and Kelly Auker 2793 CR 17 Brighton, Colorado 80603 WESTERN STATES LAND SERVICES 505 N DENVER AVE LOVELAND COLORADO 80537 Diana Aungst From: Sent: To: Cc: Subject: Attachments: Ted Simmons <tsimrnons87 �newlifecomp.com> Friday, March 27, 2020 10:11 AM Diana Aungst 'Tim Brough'; 'Mark Grossnickle'; 'Sue Kerchenfaut; gbell@bell-law.com;'Don Donahue' RE: Thornton Pipeline project EandO nerCounterPropo ai20200309Signed.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. M s . Aungst, I appreciate your time. I've attached the letter that the other landowners and I have sent to the Thornton project team. At the same time as this letter was created and sent, Thornton proposed and alternative route for the pipeline that is in some ways better,but introduces additional, even worse issues in my opinion. We as a group of landowners still believe that a route that parallels and is immediately adjacent to the existing Sinclair pipeline easement is a far superior path for all involved. I'll send drawings and pictures of that alternate route in another email. Thank you again for your time in working on this on our behalf. I am available at your convenience to meet virtually or in person to discuss and review anything you would like. Regards, Ted Simmons From: Diana Aungst <daungst@weldgov.com> Sent: Friday, March 27, 2020 9:58 AM To: tsimmons87@newlifecomp.com Cc: 'Tim Brough' ctim@rmss.com>; 'Mark Grossnickle' <Ma rk@jemagold.co m>; 'Sue Kerchenfaut' <jkkerch00@gmail.com>; gbell@bell-law.com; 'Don Donahue' <ddonahue@bell-law.com> Subject: RE: Thornton Pipeline project Mr. Simmons: Please email me or call me at 970-400-3524 with questions and concerns about this project. If you have any images or graphics you could send me that would help too. Typically we would ask that you submit a letter of objection that would be added to the case. We can also take petitions so if we had just one letter and a list of signatures that would work too. As a matter of process for this case we expect it to be heard before the Planning Commission on June 16 and before the Board of County Commissioners on July 15. That would be in a perfect world and as we all know things are not ideal right now so these dates may change. Please let me know how I can help. Regards, Diana Aungst Planner 3 O a EXHIBIT 7 1 Weld County Department of Planning Services 1555 N. 17th A venue - Greeley, Colorado 80631 a: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 70-304-5498 daungst@weidgov.com www. weld qo v. corn D 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: Tom Parko Jr. <tparkoweldgov.com> Sent: Friday, March 27, 2020 7:53 AM To: Karla Ford <kford@weldgov.cam>; tsimmans87@newlifecomp.com; Mike Freeman cmfreeman@weldgov.com> Cc: 'Tim Brough' ctim@rmss.com>; 'Mark Grossnickle' <Mark@jemagold.com>; 'Sue Kerchenfaut' cjkkerch00gmail.com>; gbell@bell-law.com; 'Don Donahue' cddonahue@bell-law.com>; Diana Aungst <d a u ngst@w e l dgay. co m> Subject: RE: Thornton Pipeline project Karla, Good morning. I have forwarded these concerns to Diana Aungst who is the planner assigned to the case. Diana will get in touch with Mr. Simmons and the City of Thornton. Have a nice weekend. Sincerely, Tom Parko Director, Dept. of Planning Services Weld County From: Karla Ford ckfordweldgov.com> Sent: Friday, March 27, 2020 7:51 AM To: tsimmons87@newlifecamp.com; Mike Freeman cmfreeman@weldgov.cam>; Tom Parka Jr. ctparko@weldgov.com> Cc: 'Tim Brough' <tim@rmss.com>; 'Mark Grossnickle' <Mark@jemagald.com>; 'Sue Kerchenfaut' cjkkerch00gmail.com>; gbell@bell-law.com; 'Don Donahue' cddonahue@bell-law.com> Subject: RE: Thornton Pipeline project Mr. Simmons, We are in receipt of your first correspondence. Our apologies, but because of due process and remaining unbiased prior to the hearing before the board of county commissioners, they are not able to meet or discuss this with you or your group at this time. By way of this message, I have copied our Director of Planning Tom Parko so he can review the correspondence and get in touch with you regarding matter. Thank you for your email. Karla Ford A 2 Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:OOa. m.-5: OOp.m. ** 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: Ted Simmons <tsimmons87@newlifecomp.com> Sent: Thursday, March 26, 2020 6:25 PM To: Karla Ford <kford@weldgov.com>; Mike Freeman <mfreeman@weldgov.com> Cc: 'Tim Brought <tim@rmss.com>; 'Mark Grossnickle' <Ma rk@jemagold.com>; 'Sue Kerchenfaut' tjkkerchO0@gmail.com>; bell@bell-law,com; 'Don Donahue' <ddonahue@bell-Iaw.corn> Subject: RE: Thornton Pipeline project 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. Greetings Commissioner Freeman and Ms. Ford, I know that this is a very busy time for you amid the Coronavirus pandemic, but since I haven't heard back on this email, I wanted to check hack in and make sure you received it and update you on the latest. 1. Thornton has not yet responded to the letter. 2, They proposed an alternate route before we sent the letter which, while it is slightly better in some respects, it is significantly worse in others. For me and my family, the alternate route addresses none of my concerns and introduces several new and more deleterious issues. Those factors coupled with their implication in their letter that I proposed the new route leads me to believe that they are not acting in good faith. 3. The damage to the value of my property is so severe that I don't know how I would be able to face my children if this current proposal is allowed to be pushed through. I, for one, am very concerned at the direction this is taking and I appeal to you, as my representation in Weld County, for your support during this effort. I am available at your convenience to meet with you virtually or in person to review Thornton's proposal and my concerns. Thank you again for your time. Regards, Ted &Jamie Simmons From: Ted Simmons <tsimmons87@newt fecom p.co m> Sent: Sunday, March 15, 2020 8:24 PM To: 'kford@weldgov.com' <kford@weldgov.cam> 3 Cc: 'mfreeman@weldgov.com' cmfreeman@weldgov.com>; 'Tim Brough' <ti m@rmss.com>; 'Mark Grossnickle' cMark@jemagold.com>; 'Sue Kerchenfaut' <jkkerchOO@gmail.com>; "gbell@bell-law.com' cgbell@bell-law.com> Subject: Thornton Pipeline project Greetings Commissioner Freeman and Ms. Ford, As I'm sure you are aware, the City of Thornton is proposing a path through the Western edge of Weld County for a large water pipeline to benefit their city. We are four landowners and residents whose property and homes lie in the path of that pipeline and we have been contacted by Thornton to obtain easements across our property for this pipeline. After reviewing their proposed path, we unanimously agree that their proposed path interferes with our land value and land usage to an unacceptable degree and are astonished at the circuitous and impractical route they have chosen. After looking at their proposal and understanding their need to connect their city to the water rights that they smartly acquired many years ago, we have identified an alternative route that would make a far better route in a multitude of ways. That path is immediately adjacent to an already existing pipeline (the Sinclair gasoline pipeline) that runs nearly straight North and South almost exactly where and for nearly the whole length that Thornton needs. This path would help all landowners in Western Weld County for the lifetime of the pipeline because it's simple straight path will be far easier to maintain and will likely improve its reliability. However, Thornton appears to be very resistant to using that path for reasons that we do not completely understand. We have outlined our proposal to Thornton in the attached letter. We wanted to inform you, as our County representatives, of our serious concerns and proposal. As our letter states, we don't want to deprive Thornton of their use of their water rights, in fact we empathize with their situation. We just want the route to be the best one for all involved. We know that this is a very busy time for you, but we ask that you review our proposal and consider our needs to preserve the use and future value of our property in lovely Weld County, and consider ways that the commissioners can help in furthering our proposal for the betterment of not only our property, but also Weld County as a whole. Additionally, we would be open to meeting with you at your convenience to discuss this pipeline project and it's impacts. Feel free to contact us at any time with any questions you may have. Thank you for your time and attention to this matter. Regards, Timothy & Lisa Bra ugh, Mark &Jennifer Grossnickle, Ken & Sue Kerchenfaut, Ted Jamie Simmons 4 GreeieyTrbim.e Ted Simmons shows the survey stakes marking the location of the proposed easement across his property during a meeting with a Tribune reporter and other affected property owners at Ken and Sue Kerchenfaut's home in unincorporated Weld County near the Larimer county line Tuesday, Feb, 25, 2020. The city of Thornton is seeking a permanent easement across the Kerchenfaut's and Simmons's properties, among others, to build a pipeline to carry water from an irrigation ditch branching off the Cache la Poudre River to Thornton. (Alex McIntyrelamcintyre@greeleytrib►une.com) Strong arms and resentment — the Thornton pipeline battle continues in western Weld News February 26, 2020 Culler Meade cmeade@greeleytribune,corn A one-sided battle is brewing along the county line. Ted Simmons dreams of one day turning his land in unincorporated northwest Weld County over to his kids and his grandkids. Looking across his property, marked by lightly rolling hills and sparsely tree -lined gullies and punctuated by an expansive home near the crest of a rise, Simmons says it hasn't been his for all that long he's surprised to count up to 10 years now, in facts since he moved to the area. Relative to his neighbors, Simmons is a newcomer. Ted Simmons, left, shows the survey stakes marking the location of the proposed easement across his property during a meeting with a Tribune reporter and other affected property owners at Ken and Sue Jesse Kerchenfaut's home in unincorporated Weld County near the Larimer county line Tuesday, Feb, 25, 2020. The city of Thornton is seeking a permanent easement across the Kerchenfaut's and Simmons's properties, among others, to build a pipeline to carry water from an irrigation ditch branching off the Cache la Poudre River to Thornton. (Alex McIntyre/amcintyre(a)greeleytribune.com) But that property though already sliced up in broad ribbons by a handful of un-developable sections due to easements from the likes of oil and gas companies and telecommunications giants isn't valuable anymore for its potential to support agriculture. Simmons' land hasn't been a working farm for some time. But, east a few miles of Fort Collins and north of the fast-growing towns of Timnath, Severance and Windsor, Simmons knows his property value lies in the potential to be turned into somewhat more dense residential space in the increasingly near future. But 55 miles south an entity with more immediate growth concerns is looking to flex its considerable muscle to make Simmons' development dreams significantly harder to realize. Simmons is one of more than a hundred landowners some who have been there for generations who received a letter in recent weeks from an agent of the city of Thornton. The letter offers Simmons and his neighbors a sum of money Simmons reckoned the city is figuring about $7,500 per acre for a permanent easement that would allow the city to build a jagged -lined water pipeline, north to south, across Weld County into Thornton. Ken Kerchenfaut speaks during a meeting with a Tribune reporter and other affected property owners at Ken and Sue Kerchenfaut's home in unincorporated Weld County near the Larimer county line Tuesday, Feb. 25, 2020. The city of Thornton is seeking a permanent easement across the Kerchenfaut's andSimmons's properties, among others, to build a pipeline to carry water from an irrigation ditch branching off the Cache la Poudre River to Thornton. (Alex Mcintyre/amcintyre a greeleytribune.com) "The current proposal makes that piece of land almost unusable," Simmons said. "I can still put up hay, but for the future, if you want to do any plans in the future, it pretty much destroys the whole piece. You can't build over it." What it's all for In the 1980s, Thornton, like many forward -thinking Colorado municipalities, began looking for a way to secure itself adequate water access for its growing populace. The city's answer was a substantial share in a ditch that comes off a spot on the Cache la Poudre River northwest of Fort Collins and snakes into northern Weld near Pierce. Thornton also bought dozens of farms in that region, and their water rights with them. "It's very high -quality water," said Mark Koleber, director of the Thornton Water Project, pointing out the location of the ditch's diversion from the Poudre on a map. Pointing to a very nearby spot on the same map, Koleber continued: "Right there is where Greeley gets its water. And we're there. So we wanted that water supply and so we bought into this ditch company. The way you do that is buy shares in the ditch company. If you buy shares, you have a piece of what they own. At that time we acquired about 47% of this company, and along with it we bought about 20,000 acres of farmland." Through this Reagan -era effort, the city acquired what Koleber understated as "a good section of water." "We needed to make it worth our while to build a very long pipeline," Koleber said. Thornton's water court process started in 1986 and 1987, made its way through the Supreme Court and finally obtained a decree in 1998. The water was Thornton's. But it wasn't in Thornton. It still isn't. "We get to the 201 Os and we see the city of Thornton is growing beyond its water supply, even with very good conservation," Koleber said. "So we've got the water up here, now we need the infrastructure to bring it down." An information -gathering process narrowed down the ideal corridor for that infrastructure the pipeline to an easterly jog from the mouth of the ditch northwest of Fort Collins over to just east of the Weld County line and then almost but not quite due south to Thornton. Thornton P'rop°.ID Flap BMIloe Ltaskin n .rte taimiii PuruiIt Appat1 ti _1 ■ I /t'r d@it" SLWLD ER Wass Wringliaari spin raffin I tIx- ■ 1 I n w cm OF THORNTON COLORADO LARIMER AND WELD COUNTY PERMIT SEGMENT MAP FORT -Cat WM Z � I C,1 1. i ING To# MIRTNr u� ; MEAD u1 Iu°i1: I. ° i° 1 , r p WESTNAVITER I Thornton W P t ARYAIIA - - _ Proposed Tank Locabo U b Did La, yy o 4 ,56 Films ur I lits Frtra�[i nit (OOP JOHN s MOW FREDERICK Wi N19b r II if d c:? 7Y' CI c.4rok 4 YMrai;l C... Air. Piruti! deiiii81=:.u_` .en z-- fre EVANS GIL ORES F„, Propel Corridor PEA fri 1411 tir1.°'^'al I am iPe Id (frtit rural' Puma Sia iou Lcca lon • MI'I.t* DP' r• COMMERCE Wan FLrtrorw '114 TP W6111 GOU11i)t' Pallid Aaptaloa 1 LOcileutt n tti+ S f 1—1 isrti J (ra? 1n is (`° ii! I'lr 1 DENVER L. 1 .-a 3— --y This map, provided by the Thornton Water Project, shows the rough outline of the proposed pipeline through Larimer and Weld counties. TWP Permit Segrents or Larimer_and Weld Counties The politics of it all The permitting process has been a bit rocky. It involves both Larimer and Weld counties, and the commissioners of each county have thrown various hurdles in the way of the city which resides in neither of their jurisdictions.. Initially, the project proposed to take Weld County Road 13 much of the way south. But there was concern on the part of the Weld commissioners that that was unfair to the landowners along that stretch of highway. "We said we were not willing to put the pipeline in our right of way," Weld County commission chairman Mike Freeman said by phone this week. "The reason is, with farming, they farm up to the county road. So it still impacts the landowners as much. The landowners need to be paid for these easements. It's going to impact them, so they need to be paid." Sue Kerchenfaut sits near the wood -burning stove during a meeting with a Tribune reporter and other affected property owners at Ken and Sue Jesse Kerchenfaut's home in unincorporated Weld County near the Larimer county line Tuesday, Feb. 25, 2020. The city of Thornton is seeking a permanent easement across the Kerchenfaut's andSimmons's properties, among others, to build a pipeline to carry water from an irrigation ditch branching off the Cache la Poudre River to Thornton. (Alex McIntyrelamcintyre _ greeleytribune.com) About 160 parcels are crossed, Koleber said, as the hypothetical pipeline traverses Weld County. And the commissioners weren't making things any easier on Thornton, either. "Weld commissioners said, 'We want you to acquire all of the easements that you need for the pipeline ahead of time,' before they even look at the permit," Koleber said. "That's reverse of how a proj ect normally goes. Permit -design -right of way -construction. They flipped that and continued our process for a year, from July 2019 to July 2020." That said, roadblocks or not, Weld has been substantially more accommodating than Larimer. There, the commissioners rejected the permit application and are on their way to court with the city of Thornton. Freeman said that that's not the plan in Weld. "We want to make sure they're treating people fairly," Freeman said. "We can't get in the middle of negotiation, whether they're paying enough, but we want to make sure they're getting those easements secured, not coming in and saying, `we've got M0%.' We're not going to approve a pipeline if we don't know where it's at ... but if they come in with an application demonstrating it's complete, and it's a good one, more than likely we'd approve it." Dealing with municipalities The pipeline is set to go through towns like Windsor, but that seems already sorted out. An intergovernmental agreement, or IGA has been struck with Windsor and Timnath, allowing Thornton access, with negotiated conditions, to dig the pipeline under parts of town. "The IGA memorialized that Thornton agreed to annex a property that they own at the extreme north part of town so that development of that property would go through Windsor's land use process and follow Windsor's development standards," wrote Windsor's director of planning Scott Ballstadt in an email. "Windsor agreed to work with Thornton and to allow pipeline construction in portions of Windsor's road right-of-way where it may be necessary." The impact up north But the landowners at least some of them aren't thrilled with the idea of giving up a strip of their property to the underground pipeline, even if it can be farmed right over the top of it as Thornton claims. That's because, like Simmons, the value is less in agriculture now than it is in development potential. Houses or other municipal space are where the future is. Simmons and his neighbors, including Ken and Sue Kerchenfaut, would much rather the pipeline go down Weld County Road 13, actually. But if that's not an option, Simmons has another idea, too. Rather than jutting through the various properties in a zig-zagging line, why not take a straight shot parallel path with an existing Sinclair Energy pipeline that already stripes his and many of his neighbors' land? Ted Simmons, left, shows the proposed route of the easement through his and neighboring properties, as compared to an already -existing easement for a Sinclair pipeline, during a meeting with a Tribune reporter and other affected property owners at Ken and Sue Kerchenfaut's home in unincorporated Weld County near the Larimer county line Tuesday, Feb. 25, 2020. The city of Thornton is seeking a permanent easement across the Kerchenfaut's and Simmons's properties, among others, to build a pipeline to carry water from an irrigation ditch branching off the Cache la Poudre River to Thornton. (Alex McIntyrelamcintyre@greeleytribune.com) "The road would be nice," Simmons said. "But if they're going to do an easement, I really want them to be over against that Sinclair pipeline. It makes a lot more sense because it doesn't really change anything, it just makes the easement wider. It's already there. We can't build there, anyway. I realize it costs a little more money, and I get that, but in the long run, I think the landowners would say it makes more sense." This map, created by the Thornton Water Project and provided by Ted Simmons, shows the rough proposed pipeline route through the portion of land that the Simmons and the Kerchenfauts and others own. Screen -Shot -2020 -02 -26 -at -9.00.11 -AM Like it or not, it seems they'll probably have to give up the easement one way or another. Thornton feels comfortable its eminent domain powers will be backed up in court, should it get that far. And they're probably right. Thornton is a home rule charter, and such entities are granted quite broad eminent domain power for the sake of a public good by the Colorado constitution. That's what an expert on the subject, University of Colorado professor Richard Collins, said by phone this week. "The home rule powers of the constitution explicitly authorize home rule charters to have eminent domain," Collins said. "So there's really not much doubt that a home rule city would have broad powers of eminent domain." Collins said the precedent largely rests in a case between the town of Telluride and a San Diego- based billionaire landowner whose property was just outside the town, Neal Blue. In that case, Telluride was determined to be able to exercise eminent domain on Blue's property, even though his property wasn't in Telluride boundaries. "The pattern favors Thornton," Collins affirmed. That means, even though they don't want to give up the easement, and even though they consider the offer from Thornton a "pittance," in the words of Ken Kerchanfaut, there might not be much recourse for dissenting Weld landowners. Ken Kerchenfaut, right, and Sue Kerchenfaut speak with a Tribune reporter in their home during a meeting with other affected property owners in unincorporated Weld County near the Larimer county line Tuesday, Feb. 25, 2020. The city of Thornton is seeking a permanent easement across the Kerchenfaut's and Simmons's properties, among others, to build a pipeline to carry water from an irrigation ditch branching off the Cache la Poudre River to Thornton. (Alex McIntyrelamcintyre greeleytribune.com) And that bothers them. "I resent a town near Denver wanting to violate our land so that they can grow," Sue Kerchenfaut said before referring to a nominal fight with their own local water authority, North Weld County Water District. "We didn't want those tanks, either, but we have to accept it, and it's our water we use the water, so we've got a stake. We don't have a stake in this." The battle may indeed be raging, but those following the situation, on either side, seem to feel the outcome is all but certain. Cuyler Meade is the public money reporter at the Greeley Tribune. Reach him at 970-392-4487 or eneade@greeieytribune.com, or follow him on Twitter @Cuy1erMeade. Ted & Jamie Simmons 3/26/2020 The Sinclair Route 41494 County Rd 13 Fort Collins, CO 80524 970-377-9987 T immons87@ne lifecomp.com We believe that this route is far superior to the route currently proposed by the City of Thornton and are actually very surprised that it was not considered by Thornton from the beginning. In the drawing to the right, the red line is the path of the Sinclair gasoline pipeline from Weld County Road 94 on the North to WCR 76 on the South. This is a distance of 9 miles. As you can see the route is reasonably straight and if you look closely, there are very few houses or developments that will interfere with the path of the pipeline. The latest proposed route near our property is below. This drawing care to us from Thornton and is somewhat unclear. • The dark blue is the first proposed route. The light blue and light green are the changes to the original route that are currently proposed by Thornton • The Salmon line represents one possibility of routing the pipeline near the existing Sinclair pipeline • Note how crooked the path is and how close it passes to the Simmons' House NWCWD AT&T line ibandoned. ernate 25 1D' more in current No change in length SIMMONS Alternate 2a -3;00" more than current GROSSNICKLE BROUGH Alternate. The Sinclair Route We do not have access to the full proposed route of the Thornton Pipeline, but we have gathered the following information from conversations with Thornton and neighbors: • The preferred route follows County Road 13 as closely as possible (WCR 13 is the yellow line on the Sinclair map drawing). • There are multiple areas where it cannot follow that road because of the location of buildings and houses • In those areas, the route meanders like it does near our property. Benefits of the Sinclair Route vs the currently proposed route • Far less impact to land values because this route would in effect simply widen an already existing easement and not chop up the remaining land any further. • Fewer landowners from which to obtain easements. • The path is much straighter resulting in more efficient operation of the pipeline. • It will permit improved maintenance and monitoring. • Less bad will resulting from the process. • We believe that with a little negotiation, Sinclair and Thornton could come to an agreement to share half of their adjacent easement route to effectively reduce the overall easement from 100' to 80 in width, which obviously would benefit all involved. • Far fewer existing buildings and homes to be routed around. Page O2 Ted & Jamie Simmons 3/20/2020 41494 County Rd 13 Fort Collins, CO 80524 970-377-9987 TSimmons87@newlifecomp.com To whom it may concern: After living across the country, serving in the Air Force and arduously searching high and low for the perfect blend of seclusion, room, access to the city, beauty, views, and future value potential, we found it! Back in 2007 we finally found THE place; the place where we could not only live out our dreams, but the place that would most importantly provide our children (all of whom have a genetic disorder), the financial potential and security to hopefully last their lifetimes. And then it came... The letter that crushed it all. Have you ever had your life plans demolished?? Neither had we until we opened the letter from the City of Thornton that day in January. As we absorbed the details of their plan the realization flowed over us that the financial security that we had worked so hard to provide for our children would be completely wiped out by the plans of one city more than 70 miles away. Plans on which that they hadn't even given us the opportunity to provide input. Input, by the way, that would have likely saved them millions of dollars on this project and certainly prevented the bad will they are now creating. It only took us 5 minutes to realize that their plan not only disrupts our life plans, but also those of a host of others who have put even more into their plans than us. Then only another few minutes to identify a far better route which we call the "Sinclair Route". After coming up with the idea, we did a little research and determined that the existing gasoline pipeline and associated easements owned by the Sinclair company would make an ideal path for this new water pipeline to follow. It runs in a nearly straight line and almost exactly where the Thornton project needs to go. We asked ourselves, "Why don't they just run the pipe next to the Sinclair pipeline?" We are still asking that question and cannot get any good answers to that simple question. If you have gotten this far, you are probably wondering why the Sinclair Route is so much better. We have put together a description of that route with comparisons to Thornton's proposed route and will send it to anyone who is interested. As for us, we are going to fight hard to preserve what we and so many others have worked and planned for! Regards V'�u lti v4ww-w� Teti & Jamie Simmons Diana Aungst From: Sent: To: Cc: Subject: Attachments: Seychelle Hicks <seychelle.hicks@gmail.com> Tuesday, June 16, 2020 1:56 PM Mike Freeman; Scott James; Barbara Kirkmeyer; Steve Moreno; Kevin Ross Karla Ford; Diana Aungst Request for Commissioner Support against Thornton Water Pipeline (Reference: Case #: USR18-0130 0 City of Thornton) Nanda Devi - Thorton Water Project Letter - 4-27-2020.pdf; LDH to Ostrander - THornton Water Rights, 6.10.20. p df 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. TO: The Honorable Mike Freeman, The Honorable Scott James, The Honorable Barbara Kirkmeyer, The Honorable Steve Moreno, and The Honorable Kevin Ross: Dear Commissioners, I am the owner of a 50 -acre parcel of land in Johnstown that is being irreparably threatened by the Thornton Water Pipeline Project. My current farming property, which operates under Nanda Devi LLC, is in the Johnstown Master Development Plan for residential development and is already annexed on both the north and south sides of my property. Should the Thornton pipeline receive 1041 approval from you, the Commissioners, to go through my property, then all future development potential and value of this 50 -acres will be lost not only to me, but also to the city of Johnstown and for Weld County's overall development and growth on prime property. I respectfully request your support in denying Thornton 1041 permit approval on my property, particularly when there are superior alternative options available. These alternative options include existing Weld County public easements and linear routes that do not intentionally zigzag onto my property to protect a neighbor's 5 -acre mulch holding facility versus my property with significant residential development potential and value. 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. This devious behavior from Thornton should not be allowed by Weld County, especially since our county and community receive no benefit from this pipeline. 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. Thank you for your careful review of this supporting documentation reinforcing our community's call to action to deny Thornton 1041 approval of their pipeline through Weld County resident's private property. 1 Sincerely, T. Seychelle Hicks Nanda Devi LLC Email: seyehelle.hicks@gmail.com Mobile: 303-929-0797 CC: Karla Ford, BOCC Office Manager Diana Aungst, Planner 2 (gip ThorntonWATER PROJECT April 27, 2020 FINAL OFFER TO PURCHASE WESTERN STATES Land Services, LLC Acquisition and Relocation Specialists 505 N. Denver Avenue Loveland, CO 80537 Office: (970) 667-7602 Fax: (970) 667-6580 MAILED CERTIFIED MAIL RETURN RECEIPT REQUESTED Nanda Devi, LLC, a Colorado limited liability company 32460 Inverness Drive Evergreen, CO 80439 PROJECT: Thornton Water Project ("TWP")—Domestic Water Supply Pipeline PARCELS: 20-7 PE, 20-7 TE FEE OWNER: NANDA DEVI, LLC, a Colorado limited liability company INTERESTS TO BE ACQUIRED: 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 20-7 PE 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 oft 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, y, John Doty Western States Land Services, LLC. Land Acquisitions Agent Office Phone: 303-938-1414 Cell Phone: 970-372-8088 Email: jdotyws-1s.com Enclosures: 1. Permanent Easement Conveyance Form 2. Temporary Construction Easement Conveyance Form 3. Legal Descriptions (PE c L 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, LL, 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 SETH 1. 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 (20-1 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 ground; 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 4. The Parties further agree that the uses of the Property by Grantor and the agreements concerning those uses shall he 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: b. 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; c. 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 shall 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. 6. 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 wanted 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. Page 2of6 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. 1 WITNESSWI1NESS WHEREOF, the Parties have executed this Deed of Perpetual Easement effective as of the date first written above. [Signature Pages Follow] Page 3 of 6 GRANTOR: Nanda Devi, LLC, a Colorado limited liability company Signature: Title: STATE OF COUNTY TY F } )ss. } Subscribed and acknowledged before me this day of 2020, by as of Narida Devi, LLC, a Colorado limited liability, company. WITNESS my hand and official seal. My commission expires: a Notary Public Page 4 of GRANTEE: CITY OF THORNTON, COLORADO, a Colorado home rule municipality Mark Koleber, Thornton Water Project Director ATTEST: Kristen N. Rosenbaum, City Clerk APP ' OVED AS TO FORM: Luis A. Corchado, City Attorney Senior Assistant City Attorney STATE OF COLORADO ) )ss. 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 E1-1IBI 1 A EASEMENT DESCRIPTION (METES AND BOUNDS INCLUDING U VEY DRAWING) Page 6 of 6 C IVILARTS Tho�nt�n waTE� PAp,��Ct EXHIBIT A Thornton Water Project — CI? 12-777 Nanda Devi, LLC P N : 105 929100034 Parcel: 20-71 'E Date: February 17, 2020 LEGAL DESCRIPTION A strip of land, 50.00 feet in width, located in the NE1/4 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 SOO°46'29"E, 2631.26 feet (Basis of Bearing), thence OO°469"E, 417.55 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 and the POT.N T OF BEGINNING; Thence continuing SO°46'29"E. 316.81 feet along the West Line of the NEI /4 of said Section 29; Thence N74°38'45"E, 51.66 feet to the Easterly Line of the Westerly 50.00 feet of the NE1/4 of said Section 29; Thence N0°4629"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 N89° 1925"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 (0.355 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 ottsiIIlItrrar s%h\,..‘ost a Frank N. 1 2 4 3 0 5 Colorado erkolfessional Land: c Surveyor li.A. 24305 '% fi� 1500 Kans a CO`: ci' ont, CO 80501 11247111b Date: File: 20-7 PE 021720-Lg1.d.oc Project: 1302-1 Development Services for the Communities of the Future ■ r rto 0 N) a O i P1 Q O C3 a 0 O CD u 11 c q >0-4 0Mir Q13v zmrmoom- f>Q≥w o m o - >a-aT,"El COEVI CI -4P1 Flr13 Ornm ri 10 O O H to 0 l L ree N SEC. 29 GREAT WESTERN RAILROAD -- BK. 73, PG. 239 N7448'45"E 51.96' 500'48'29'E 316.81 t X100.48'29"W 302.54' C1/4 COR. SEC 29 HOT FOUND OR SET. 20-7 PN: 105929100034 NANDA DEVI, LLC REC. 4386476 5' IRRIGATION EASEMENT HARRY R. MEYER, JR. & CAROYN I. MEYER REC. 1698300 W. LINE NE/4, SEC 29 (BASIS OF BEARING) SOO'48'29"E 2631+26' A POINT QF $EG/NN1NG N89'19'25'W 50.02' NEl/4 SEC. 29 1 / 30' ACCESS ESMT. O' NOBLE ENERGY, INC. REC. 3607651 f _/ molsopy S00'46' 29"E r 1 417.5S I POINT QF COMMENCEMENT N1/4 COR. SEC. 29 T4N, R67W, 6TH P.M. FOUND #6 REBAR W/ 3-1/4" ALUM. CAP MKD. "AMERICAN WEST LS 37971 2.013" 0.2' BELOW ASPH. SURFACE IN MONUMENT BOX. cc a Ix 30' 30' 90' r c‘i Ct 0 0 0 1 U 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 ("TCE") 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 Six Dollars ($66.00), per month upon Grantee's written notice to Grantor of exercise of the option to extend this TCE. 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 3 6. 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 TCE shall be recorded, at Grantee's sole cost, in the office of the County Clerk and Recorder's Office in which this ICE is located. [N 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 ) )ss. COUNTY OF ADAMS ) Subscribed and acknowledged before me this day of ,, 2020, by Mark Koleber, Thornton Water Project Director, City of Thornton. WITNESS my hand and official seal. My commission expires: Notary Public Page 3 of 3 CIVILARTS EXHIBIT Thornton Water Project — CIF' 12-777 Nanda Devi, LLC PN: 105929100034 Parcel: 20-7 TE Date: February 17, 2020 LEGAL DESCRIPTION (.4 Thornton WATER PROJECT A strip of land, 40.00 feet in width, located in the NE1/4 of Section 29, T4N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING MENCING at the N 1/4 Corner of said Section 29 from which the C1/4 Corner of said Section 29 bears S0o°46'29"E, 2631.26 feet (Basis of Bearing), thence SOO°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 Soo°46'29"E, 316.81 feet along the West Line of the NE1/4 of said Section 29 to the POINT OF BEGINNING; Thence 1\17498145"E, 51.66 feet to the Easterly Line of the Westerly 50.00 feet of the NEI/4 /4 of said Section 29; Thence NO°46'29" ', 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 S89°19'25"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 NE1/4 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 574'38'45"W, 92.99 feet to the West Line of the NE1/4 of said Section 29; Sheet 1 of 3 CA Development Services for the Communities of the Future Cinv EXHIBIT 031; Thornton WATER PROJECT Thence N O ° 46'? 9"W, 41,33 feet along the West Line of the NEI/4 /4 of said Section 29 to the POINT OF BEGINNING. Area = 15,593 square feet (0358 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 Date: \v,p0N‘111111 iffetr tertistatzchtly--- Frank N. I1 2 4 3 0 5 tia Cie 77: Colorado '' fessinnal Lund: Surveyor iii614305• 1500 anaa / 12-app,:\brolue cent, CO80501 1112 Li I 171-1j2e File: 20-7 I L 021720- iLg1.d©c Project: 1302-1 cn CC O C . . 3 LZO I O r+ IU 0 0 a 3 n 0 O-4> Z O 711 r rn r - r r -4 va��-0 C7Cran ir)X 0- >O��v � m U) 0 C1/4 CSR. SEC 29 NOT FOUND OR SET. go wt, _ NO044619NW 41.33D POINT OF BEGINNING NWf/4 N SEC. 29 GREAT WE'ST'ERN RAILROAD BK. 73, PG.. 239 _ 20-7 PE S00.46'29eE 332.5* N74 ' "E 51.66' [20-7 _ I PN: 105929100034 NANDA DEV1, LLC REC. 4386476 5' IRRIGATION EASEMENT HARRY R. MEYER, JR. Az CAROYN I. MEYER REC. 1698300 W. UNE NE/4, SEC 29 -0 (BASIS OF BEARING) "n SO0'46'29"E 2631.26' NE1/4 SEC. 29 1 L S8919'23 40.01' / 30' ACCESS ESMT. NOBLE ENERGY, INC. REC. 3607651 f SO P 1 1 SCC'46' 9 `1E r 417.53' POINT OF COMAtiENCEMENT N1 4 CCR, SEC, 29 T4 -N, R67W, 6TH P.M. FOUND #6 REBAR W/ 3-1/4" ALUM. CAP MKD. "AMERICAN WEST LS 37971 2013" 0.2' BELOW ASPH. SURFACE IN MONUMENT BOX. Ph w Form WiE9 (Rev. October 2018) Department of the Treasury Internal Revenue Service Request for Taxpayer identification Number and Certification sw Go to vi w w.irs.gov/Form WW 9 for instructions and the latest information. Give Form to the requester. Do not send to the IRS. co a) a 0 co S. 8 Zb it .2 b C C a) co 1 Name (as shown on your income tax return), Name is required on this line; do not leave this line blank. Nanda Dev4 LLC, 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. Li • ■ Individual/sole proprietor or single -member LLC Limited liability company. Enter the tax classification (C=C corporation, SrS 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 LW that is disregarded from the owner unless 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. Other (see instructions) • • • C Corporation S Corporation LI Partnership Trust/estate 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 maintainer outside the U.S.) 5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code Requester's name and address (optional) 7 List account number(s) here (optional) Part i Taxpayer Identification Number (TIN) Enter your TIN 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 Part I, later. For other entities, it is your employer identification number (EIN). 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. Part iI Certification Social security number or Employer identification number IMPIR 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.S. 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 US. person D. Date 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 (EIN), 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), 1098-E (student loan interest), 1098-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 W-9 (Rev. 10-2018) STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-39-172, the undersigned hereby executes this Statement of Authority on behalf of Nanda Devi, ILIAC, 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 C I COUNTY OF The foregoing instrument was acknowledged before me this By on behalf of Nanda Devi, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public LARRY D. HARVEY PROFESSIONAL CORPORATION 5290 DTC PARKWAY, SUITE 150 ENGLEWOOD, COLORADO 80111 PHONE: (303){�2�20-j7810�� : }rA�TCSIMX{�L�E:r (303) 850-7115 T[ 'I S . iiARRYHAR S B LA .CO M LARRY D. HARVEY JULIA R. PRENDERGAST LHARVEY@LDHPC.COM JPRENDERGAST@LDHPC.COM June 10, 2020 HAMRE, RODRIGUEZ, , O TRANDER & DINGESS, , PC 3600 South Yosemite Street, Suite 500 Denver, Colorado 802374829 Phone: (303)-779-0200 dostrander@hrodla.com RE: Thornton. Water Pipeline Dear Mr. Ostrander, I represent Nanda Devi L (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: . TWP'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 MLS 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" 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 plans 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 current real estate market offers. Decree of Partition Hicks -Reynolds & Hicks v. Nanda Devi, LLC, 2017 CV 30396 Page 6 of 31 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 'A section encompassing Nanda Devi's parcel is forecasted to increase to 349 households (882. opulation) by 2.035. WCs 1 • • a s a • • • TIC' WCg38 ASA • a 25 a COUNTY A, PICR42 Berthoud ■�Nt'i'i ��aa J LEGEND Q _ Short Range Projects moos iMu 2013 MOS et Median Reno Pmjaets (2014 ihru 2020) _ Long flange Projects 42021 thru 2035) .l.r.e.+ U 4 WIMP 1 Figure 23 Roadway Improvement Plan 4) For history about this property, in 2017 and 2018 Nanda 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 easements? Nanda Devi specifically chose its current parcel for its superior development capabilities. 't'he 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 shall 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 an 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. I 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 property (Olsen Farm and Renewable Fiber a.k.a. RFT Holdings LL. The current proposed drawings show a zigzag of the pipeline by running it through Nanda Levi'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 TWP 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 ail needed prescriptive 30 - foot easements for public utilities. My client specifically cally 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 easements and encumbrances. c) Latimer County is actively fighting this pipeline and Weld County has yet to give a 1041 permit to TWP, therefore T'WP lacks approvals for proceeding. Other experts such as Mike Chiropolos, Attorney & Counselor at Chitropolos Law, has also advised my client about other proposed alternative and more efficient routes for the TWP', In summary, there is no reason for TWP to be singling out my client Nanda Devi with this property value destroying pipeline tbrou i 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's I' D I . �'V Y, LD Wne Enclosure rrev 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 <idotv@ws-Isicor> 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 daughters property and some of your concerns related to the pipeline. I have attached a screenshot s h ut 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 omethin 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, IP_ John L. Doty Western States Land Services, Inc. 505 North Denver Avenue Loveland, CO 80537 Phone: (970) 667-7602 Fax: (970) 667-6580 LARRY D. HARVEY +c. Attachment to Email LARRY D. HARVEY P.C. Exhibit 2: Aerial view of 5.86 acre property owned by Renewable Fiber (RFI Holdings LL) \ALE COUNTY Mier`.1 IN N.' 1. 1 1,[ 3 ihAris,1STAI,WrktikercatOrAnifiontiPhe ft �t weld County Colorado ,alt r.Vii Legend Pasts H #alt+ county Imundify Notes Tinmap is uSerqtrtrdied static omit hai" rnaCnag Site aid Is br trkterrtt eery. 0a+S laver; hurt *Pear nu tfiss marl 'PAY U %MY Pm be *ccistt%. +�,�� MAP �y.� co �l►f�t, ter 4tl'w■'fm reliable � iS IS NOT 1 V BE V W� NATICAI1O41 Rebecca R. Hicks 32460 Inverness Dr. Evergreen, CO 80439 rebecca.r.hicks@gmail.com 303-929-3303 June 17, 2020 Weld County Colorado Commissioners 1150 O Street P.O. Box 758 Greely, CO 80632 RE: City of Thornton Water Pipeline Case #tU ' 18-0130 Dear Commissioners: 1: tti a so 2 EXHIBIT 9 As the mother of a daughter who owns a legacy farm, I am writing this plea for justice and for the protection of private property rights from the proposed Thornton Water Pipeline Project that will ruin the value of her land. Ingrained in every fiber of our western heritage is the belief that private property is sacred and the cornerstone of our country, and especially Weld County' s agrarian roots. My 34 -year old daughter, Seychelle Hicks is a 5th generation Coloradoan. The 117 -year old Hicks family farm is a proud part of her heritage. In a recent family partitioning court case, she fought to retain a part of her family land and history. A hundred years ago, her great, great, great grandfather was shot and killed when unlawful men tried to take his land and water rights. His thirteen -year old son protected his mom and family and held on to the farm defying the odds and the evil, unscrupulous men who killed his father. Today, Thornton is trying to do essentially the same thing of wrongfully robbing private property by using government overreach and threatening tactics. Thornton, their land agents and lawyers are pitting neighbor against neighbor, county against county and usurping fundamental laws.. They are trying to destroy valuable private property for a proposed water pipeline that is of no benefit to the surrounding Johnstown community or Weld County. I beseech you to protect Seychelles time-honored land and deny Thornton's request for a 1041 permit and condemnation of her property and all other landowners being negatively impacted by these unfair, arbitrary and unwarranted demands. I would also like to share some history and context showing Thornton's capriciousness and suspect behavior. In February 2019, I made contact with Thornton's land agent, John Doty Western States Land Services, Inc. I was told in a phone conversation and verified by his email 2/15/2019 that the pipeline's straight alignment was not planned to cross or impact Seychelle's (Nanda Devi, LLC) property. He said he had reached out to neighbors to the west and was confident of their acceptance of Thornton's offers. Per his email (Exhibit 1): "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." A year later in February 2020, Seychelle began receiving condemnation letters from Thornton attempting to bully her into signing away valuable property rights under egregious terms. Thornton's attorneys have already started the eminent domain/condemnation process prior to Weld County's 1041 Permit application hearings. I asked the land agent for an explanation as to why the pipeline path had changed. He (John Doty) said Thornton decided to protect an adjacent neighbor's 5.86 -acre parcel that was purchased in 2004 by Renewable Fiber, Inc ("RFI"). The new RFI accommodating zigzag alignment negatively encumbers my daughter's owned property dating back to 1903. What did RFI say or do to reverse this outcome? Why all of sudden is RFI, Inc.'s 5.86 -acre property protected to the detriment of eychelle's 50 -acres that are in the Johnstown Master Development Plan with annexation on two sides of her property? Why is RFI's property that is a transfer depot for mulch storage deemed more important than my daughter's private property that is currently a productive farm and slated for future residential development and valuable future tax revenues for Weld County? Are corporate/industrial entities being given arbitrary, preferential treatment? What right does Thornton have to diminish the potential development value of my daughter's property and inheritance? It is interesting to note that Thornton's map in Exhibit 1 shows Nanda Devi, LLC as the owner of the full 150 acres and not her court awarded partitioned share of only 50.4 acres. This current map in Exhibit 2 below also shows the oil and gas battery has been removed from the Olsen Bros. property. The "ultimate" alignment initially proposed is a straight line to the west of Seychelle's property. There are no encumbrances except Thornton's desire to now accommodate I's 5.86 acres. WELD COUNTY ONC NNE .MAPPING Nanlca Devi Lot #1 Partiohed Parcel 50.41 Aires 1,43 52? 27 1,044.5 Feet 1 7.41?SCI! CWalla tedAcres ELI NDERTAMILV FARMStLLC -- 75 143.'11t$ 015 Calculated Acres a R1�113 441(.4`N Cti1� . t ., 1'fl4A I ) r.11 Q ' .. ,t�2 fff 1 {a 1if 1 1.' 42 2 isn't c3:5'617 141-411, ...914 2 w 1144 AC. 4.ig,D262931�„" 109 651 44+ -{Iii 29;141e544, 104 "414111. sla 52.803 GIS Calculated Acres KITTY WILSON ARENA LLC GIS C alculated Acres 1: 6,267 Litu'GS._1994 Web Mer&altr_Ai.iail;aySphere ) Weld Courly Colorado Thir r--ap ,y i:srr geneealr+d static otilp .t iron ran Internet mare no site and ri `cr refotrice nniy. Data oven !hat appear on this map my orrnay no: be actuate_. ::L.rrFrat, atberwisereliebk. THIS MAP IS NOT TO BE USED RUB NAVIGATION r [iegena Parcels Highway County Boundary Notes Kancfa nevi, 11 r 50.41 Partitioned Parcel per Court Decree i/26,r2018 Furthermore, there are other superior options and alternative pipeline paths that are available to Thornton. Weld County can through its own system of utility easements along county roads grant Thornton the right to use these long-established public domain easements instead of encumbering additional private properties. I am respectfully asking you to fight for and honor Seychelle's interests, to protect her rights and to stop future land grab attempts by outside governmental forces that have no legitimate claim or hold on private property owned in Weld County. Larimer County is fighting this travesty. Please unite and stop this miscarriage of justice. Deny Thornton's 1041 permit application. I believe private property should not be subject to eminent domain especially when public alternatives are available.. , The concept of "not in my backyard" should not trump the County's obligations and duty to uphold private citizen's inherent inalienable property ownership rights. As Seychelle's mother, I ask you to please support and encourage my daughter who has fought for her land, continues to honor its traditions, and has entrepreneurial visions for its future development. She is a vested partner in Weld County's economic future. Weld County was her father's home. He left the farm for Annapolis and the US Naval Academy. He proudly served our country and honored his Weld County farming roots by serving two tours of duty as a fighter pilot in Vietnam. He, unfortunately, has passed away and is not here today to help defend Seychelles rights before this commission. In his memory, I ask you to think of Seychelle and the implications and negative consequences Thornton's pipeline will have on her, her property, her ownerships rights and the County's integral core values. Our Country is a nation of laws and ideals that are founded upon a free society's inextricably bond between private property and human rights. Seychelles Dad fought and served honorably defending these values and rights. Please separate the wheat from the chaff and deny Thornton's water pipeline 1041 application. Please secure Weld County's future by protecting and defending these principles for generations to come. Thank you for your service and taking the time to review my most heartfelt request. Sincerely, Rebecca R. Hicks Attachment: 2/15/2019 email from John Doty Exhibit 1 50.4 Acre NandaDevi Partitioned Parcel by Court Decree 1/26/2018 Email CC: The Honorable Mike Freeman mfreeman a weldgov.com The Honorable Scott James sj amesAweldgov. com The Honorable Barbara Kirkmeyer bkirkmeyer;w el dgov. com The Honorable Steve Moreno smorenoweldgov.com The Honorable Kevin Ross krossweldgov.com Karla Ford kford@weldgov.com Diana .Angst daungst a weldgov. cam 6/17/20, 5:03 AM CIty of Thornton - Water Pipeline Project John Doty <jdaty@ws-Is.com> Fri 2/15/2019 12:29 PM To: Becky Hicks <SeashellH@msn.com> 1 attachments (186 KB) Alignmentpdf; 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 yourconcerns 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) 667-7602 Fax: (970) 667-6580 The preceding material is protected by Colorado's deliberative process privilege, and parts of it about:blank Page 1 of 2 6/17/20, 5:03 AM are protected by the attorney -client privilege and/or the attorney work -product privilege. This material constitutes work product and as such this constitutes the privilege deliberative process of Western States Land Services, Inc. both as the terms "work product" and "deliberative process" are defined in Colorado Revised Statutes and under the broadcast common-law definition of those terms. 1f you have received this material in error, please do not read it. We request that you reply to the sender through return e-mail, fax or by phone advising that you have received this material in error. We also request that you destroy the material and delete it from any fax memory and/or computer. about:blank Page 2 of 2 IWLJ aol a T. 4h*P!YibM,tJ 0$1104t aY1rlf$d. Wdimn,rt SSA', ' r4e .w rq �YY6yK, et7Llr, _ '�f�E�1°�5�.�+FaGn �1F ?;te4f?6,%w4N}eY4lmmoitOre:'EitMrlffgs':et#Af}lkilfildi?bAsti"a:.w.�4�; riseTtA ate... .;a. Y A. • rer-r�;, r4f- �t t e: 157.11,3453:1:S. al u l a to Air e .r. r. _•air• _ `-r rr t BI DE FA TLY FARMS MS L.LC OLSON BROS `..? ) �;{ t •,1) 1 x : a + 9 i } W I.' Vii! ii, ) ! I( I 1 , % • 42 •_+ Fy1 A fi ' R ' it ilt 'e e } �• Ik.atatil I; f 2 . 90l;:. •-I -( �' . 1 Aka ' r '` '1,41 eli ` I f . •�; Y� r ; r 1 �' �'I' t fly • 'l Joe* y '!i-Jn,....1..... }[ qe-^-. I , al ulate Acre: 1(044.5 WG5_1984_Web Mercator_Auxiliary_Sphere Weld County Colorado 522.27 1,044.5 Feet This ma; is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear nn this map may or may not be accurate, current, or othenMse reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION • Legend Parcels Highway Li County Boundary Notes Nanda Devi, LLC 50.41 Partitioned Parcel per Court Decree 1,'26/2018 0 1,044,54 2,089.1 Feet a,0s9.1 NGS_1984 Web_Mercator_Auxiliary_Sphere Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION a Legend Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwt Floodplain - 100 Year Zone NE Floodplain - 100 Year Zone Al Floodplain - 100 Year Zone /1/4( Highway Road Road Highway City Limits Ault Berthoud) Brighton Dacono Eaton Erie Evans Firestone Fort Lupton} Frederick Garden City Gilcrest Greeley Grover Notes Purple denotes Johnstown Annexation Diana Aungst Subject FW: USR18-0130 0 From: Garrett Varia <gvarra@varracompanies.com> Sent: Wednesday, June 17, 2020 1:21 PM To: Kristine Ranslem c'kranslem@we1dgov.com>; Diana Aungst cdaun st@weld ov.com> Cc: John Himyak eJohn1Himyak@cityoftharnton.net> Subject: RE: USR18-0130 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. Hello Kristine and Diana, This email represents comments from Varra Companies, Inc. in regard to the Thornton Water Pipeline project. We have been engaged with Thornton for almost 2 years to examine potential locations for the pipeline ROW as it relates to Varra properties between Highway 66 and WCR2G. Thornton has been very good to work with during this process. Varra and Thornton have not finalized an agreement for their ROW in this area. We have spent a large amount of time working on this project and coming to an understanding of each other's needs. During the initial Commissioners hearing on this project July 2019) I mentioned to the commissioners and staff that thought using the WCR17 ROW was Varra's preferred option in this area. As you know there are active mines, permitted but not active mines and non -permitted future mines in this area. Thornton and Varra have found a physically possible ROW alignment, but this alignment wreaks havoc with our current mines and takes large amounts of reserves from our future mines. I am very strongly requesting that planning staff, Planning Commission and County Commissioners consider allowing Thornton to use the WCR17 ROW as the ROW for the water pipeline. Having the water pipeline on Varra property will be extremely detrimental for us now and in the future. If you have any questions, please don't hesitate to reach out. Thank you, Garrett Va rra 720-272-2857 EXHIBIT .0 S 10 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: 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, Section?, 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 their eminent domain tactics and perhaps even the cities/county/landowners would benefit from the TWP 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 prefers an alignment either completely along the west property line, or completely along the east property line. The east property line requires a quarter mile out and back to rejoin 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 WCR 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 thatwill 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 will recover once the TWP is operational. If taking our very, valuable development land is necessary, the City should take the least 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 Weimrieister, Treasurer Jill Triantaphyllis, Secretary The Board of Directors for Zeiler Farms, Inc. EXHIBIT MARCH & OLIVE, LLC Jr. BRADFORD MARCH STEWART W. OLIVE June 17, 2020 ATTORNEYS AND COUNSELORS AT LAW 1312 S. College Avenue FORT COLLINS, Co 80524 (970) 482-4322 FAX (970) 482-5719 ARTHUR E. MARCH 1908-1981 ARTHUR E. MARCH, JR. 1933-2005 JOHN W. PHARR S Retired -2019 Eugene F. Schneider Family Trust and Margaret Schneider Comments Case #: USR 18-0130 Name: City of Thornton Proposed Project: USR 42 -inch diameter domestic water pipeline and associated appurtenances Dear Sir or Mdm.: Please accept the following as the comments on behalf of the Eugene F. Schneider Family Trust (Trust) and Margaret Schneider regarding the above Case II. The Trust is the owner of certain real property located in Weld County known as the B 1/2,NW 1/4 Section 6, Township 7 N.. Range 67 W. (Property.) Margaret Schneider is the primary beneficiary of the Trust. The City of Thornton proposes to locate its water pipeline through the Trust's property, The Trust and Ms. Schneider object to the proposal on two grounds. First, the Property is already burdened by an existing easement for an oil and gas pipeline. The Trust and Ms. Schneider have requested that any proposed location of the City of Thornton's pipeline be placed as closely as possible to the existing well and gas pipeline to avoid dividing the Property in such a manner as would be detrimental to the development value of the Property. Rather than honoring the Trust's and Ms. Schneider's request, the City of Thornton has chosen a proposed route through the Property for the pipeline which will divide the Property in such a manner as will be seriously detrimental to the ability of the Trust to develop the Property for residential or other purposes in the future, Second, the Trust and Ms. Schneider oppose the application because the proposed compensation for the easement is below the actual market value of the area to be taken as a part of the easement. The Trust and Ms. Schneider have retained the services of a licensed appraiser to provide an opinion as to the value of the Property, with and without the easement for the . pip eline elide on the Property. Particular attention will be paid to the detrimental effect of the ro -��osed p p location of the easement on the Property's value for future development. For the foregoing reasons the Trust and Ms. Schneider oppose the application. Sincerely, Stewart W. Olive Attorney at Law EXHIBIT 12 ELL GULD LINKER & SCOTT,, P.C. 318 East Oak Street I Fort Collins, Colorado 80524 I tel 970-493-8999 I fax 970.2 988 w.bell-lawcom June 5, 2020 Mayor Jan Kulmann and Thornton City Council Members City Manager's Office 9500 Civic Center Drive Thornton, Co 80229 Re: Cache LaPoudre Water Project Pipeline Dear Mayor Kulmann and City Council Members: RECEIVED JUN 0 8 2020 WELD COUNTY COMMISSIONERS This office represents Ted Simmons and his wife, Jamie, who reside at 41494 County Road 13, Fort Collins, in Weld County. Our clients have recently received the "Thornton Water Project Revised and Final Offer" with respect to the City's plans to construct its water pipeline across their property. Our clients are not opposed to cooperating in granting a reasonable easement across their land. However, as we have previously noted, the proposed route as contained in the "Revised and Final Offer" renders useless a far greater portion of the Simmons' property than is necessary to accomplish the required transmission of the City's water. The Simmons have forwarded proposed routes that would impact their property to a lesser degree, with only an.. incremental increase of the overall length of the pipeline. Considering the requirement of paying for damage to the residue, it is likely that the routes proposed by Mr. and Mrs. Simmons would actually cost less. The Simmons reject the Revised and Final Offer as it stands. I have advised them to exercise their right to obtain an appraisal of the loss of value to their property, including restoration of a recently planted orchard and four screening tree groves, costs of flood insurance, and loss of future resale and development value if a modified route cannot be negotiated. It is likely that additional costs incurred in any alternative route will be seen as quite reasonable when factored against the just compensation and severance value that would be awarded in an eminent domain proceeding. Our clients have attached drawings showing the route that they would support in the perspective of the entire property, to be compared with the proposed route. Gregory S. Bell Matthew T. Gould J. Peter Linder Jeremy E. Scott Mayor Jan Kulrnann and Thornton City Council Members June 5, 2020 Page 2 Please understand, the Simmons do want to be good neighbors to the citizens of the City of Thornton; however, they are unwilling to be unnecessarily damaged by the City's failure to consider reasonable alternatives. TO that end they hope to enlist the support of their own local government officials. Very truly yours, Gregory S. Bell Enc. CC: Ms. Courtney Wallace City Attorney, City of Thornton Mike Freeman Scott James Barbara Kirkmeyer Steve Moreno Kevin Ross 6/1/2(}20 Ted's notes on Thornton's current proposal Light blue: Permanent Access easement (1.25 ac) Length of Pipeline: 1,625 ft Dark blue: Permanent Pipeline easement (1.9 ac) Number of pipeline bends: 4 Yellow: Temporary construction easement (1.76 ac) Orange: Area that is seriously damaged for development potential (5 ac) Dark Red: Area that development potential is destroyed (.5 ac) Calculation of value lost and restoration: 1. Prime Development Potential lost at $50,000/ac in 10-20 years: • Permanent Easement, plus that part of the Access Easement that isn't already lost, plus Dark Red area: o 2.9 ac = $145,000 • Area that has development potential severely damaged (50% of development value): o Sac=$125,000 2. Reclaim and repair areas destroyed by installation: • 1 Orchard (4 years old): Lost income, move, and replace watering system and trees: $20,000 • 1 screening tree grove Replace trees: $10,000 • Repair and/or move 2 water lines and 3 electrical lines: $15,000 • Repair road: $10,000 Repair natural gas line: $2,000 • Replace water ditch: $3,000 • Restore surface grasses and lost income: $10,000 • Replace historical water right flow tiles: $20,000 (located on neighbor's property to North) 3. Family disruption due to construction near home and access road: $25,0O0 4. Lost value of home due to proximity of water pipeline (10% CMV): $125,000 5, Loss of 2 planned screening tree groves that cannot be replaced because of location of easement resulting in loss of future value to home: $50,000 Total Estimate: $560,000 + Perpetual Flood insurance for home Simmons Counter Proposal Green: Permanent Pipeline easement (2.4 ac) Length of Pipeline: 2,070 ft (Add'I 445 ft) easement which could be used for temp construction access Number of pipeline bends: 2 Magenta: Sinclair Pipeline Orange: Area that is moderately damaged for development potential (.75 at) NOTE: Permanent Access would be via the Permanent Pipeline Easement. Calculation of value lost and restoration: 1. Development Potential lost at $25,000/ac development value in 10-20 years: • Permanent Easement, plus Orange area: o 3.15ac=$78,750 Reclaim and repair areas destroyed by installation: • Restore surface grasses and lost income: $10,000 • Replace historical water right flow tiles: $10,000 s (located on neighbor's property to North) 3. Family disruption due to construction near home and access road: $0 4. Lost value of home due to proximity of water pipeline (10% CMV): $0 Total Estimate: $98,750 The location of final exit point of the pipeline at the bottom of the picture assumes and is contingent on the neighbors to the South agreeing to that crossing point. Diana Aungst Subject FW: Thank you! From: Ted Simmons tsimmons87@newlifecomp.com> Sent: Friday, June 19, 2020 2:39 PM To: Karla Ford ckfard@weldgov.com> Cc: 'Greg Bell' <gbell@bell-law.com>; 'Don Donahue' <ddonahue@bell-law.com> Subject: RE: Thank you! 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. Karla, I think the postcard I received said today was the last day to submit items for the Thornton Pipeline issue. So I have few things to add. Please include the text of this email and the attachments to the commissioners for review. First, I want to let the Commissioners know that Thornton has, in my opinion, been acting in very bad faith. My attorney's and I have submitted several letters to them and all have been completely ignored. We haven't even received acknowledgment that they were received and our proposals contained in them were not considered or responded to in any way. Additionally, the last correspondence hadn't even reached them before they filed suit to condemn our property even though we responded before the date they requested. Which means they started the court process, or at least preparations for it before the deadline they set in their letter. This whole process has been very frustrating with no concessions, minimal responses, and little communications from the City of Thornton and it has caused a lot of stress on me and my family. I'm including the last letter we sent them for inclusion to the commissioners. Thank you very much for your time and consideration during this tough time and process. Regards, Ted & Jamie Simmons From: Karla Ford < kf o rd@we l dgov. co m> Sent: Tuesday, April 28, 2020 2:02 PM To: tsimmons87@newlifecomp.com Subject: RE: Thank you! Thank you, I will forward to all of the commissioners. Have a great day! Karla Ford Office Mana0er, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.330-7204 :: kford@weld0ov.com :: www.weldgov.com 'Please note my working hours are Monday -Thursday 7:00a.m.-5:OOp.m.** EXHIBIT N S 14 1 confidentiality Notice: This electronic transmission and any attached documents or other writings are in tended 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: Ted Simmons tsimmons87@newlifecomp.com> Sent: Tuesday, April 28, 2020 1: 9 PM To: Karla Ford c'kford@weldgov.com>; Mike Freeman <mfreeman@weldgov.corn>; Torn Parko Jr. <tparko@weldgov.com>; Diana Aungst cdaungst@weldgov.com> Subject: Thank you! 1piiin,- 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. Thank you for taking the steps to open Weld County for business! I appreciate the stand you're willing to take and many of us residents in the county are behind you all the way! Please, don't let th.e bully in the Governor's office intimidate you. Regards, Ted & Jamie Simmons 41494 County Road 13 2 Ted & Jamie Simmons 3/20/2020 41494 County Rd 13 Fort Collins, CO 80524 970-377-9987 TSimmons87@newlifecomp.com To whom it may concern: After living across the country, serving in the Air Force and arduously searching high and low for the perfect blend of seclusion, room, access to the city, beauty, views, and future value potential, we found it! Back in 2007 we finally found THE place; the place where we could not only live out our dreams, but the place that would most importantly provide our children (all of whom have a genetic disorder), the financial potential and security to hopefully last their lifetimes. And then it came... The letter that crushed it all. Have you ever had your life plans demolished?? Neither had we until we opened the letter from the City of Thornton that day in January. As we absorbed the details of their plan the realization flowed over us that the financial security that we had worked so hard to provide for our children would be completely wiped out by the plans of one city more than 70 miles away. Plans on which that they hadn't even given us the opportunity to provide input. Input, by the way, that would have likely saved them millions of dollars on this project and certainly prevented the bad will they are now creating. It only took us 5 minutes to realize that their plan not only disrupts our life plans, but also those of a host of others who have put even more into their plans than us. Then only another few minutes to identify a far better route which we call the "Sinclair Route". After coming up with the idea, we did a little research and determined that the existing gasoline pipeline and associated easements owned by the Sinclair company would make an ideal path for this new water pipeline to follow. It runs in a nearly straight line and almost exactly where the Thornton project needs to go. We asked ourselves, "Why don't they just run the pipe next to the Sinclair pipeline?" We are still asking that question and cannot get any good answers to that simple question. If you have gotten this far, you are probably wondering why the Sinclair Route is so much better. We have put together a description of that route with comparisons to Thornton's proposed route and will send it to anyone who is interested. As for us, we are going to fight hard to preserve what we and so many others have worked and planned for! Regards V'�u lti v4ww-w� Teti & Jamie Simmons to .0 S EXHIBIT 15 Ted & Jamie Simmons 3/26/2020 The Sinclair Route 41494 County Rd 13 Fort Collins, CO 80524 970-377-9987 T immons87@ne lifecomp.com We believe that this route is far superior to the route currently proposed by the City of Thornton and are actually very surprised that it was not considered by Thornton from the beginning. In the drawing to the right, the red line is the path of the Sinclair gasoline pipeline from Weld County Road 94 on the North to WCR 76 on the South. This is a distance of 9 miles. As you can see the route is reasonably straight and if you look closely, there are very few houses or developments that will interfere with the path of the pipeline. The latest proposed route near our property is below. This drawing care to us from Thornton and is somewhat unclear. • The dark blue is the first proposed route. The light blue and light green are the changes to the original route that are currently proposed by Thornton • The Salmon line represents one possibility of routing the pipeline near the existing Sinclair pipeline • Note how crooked the path is and how close it passes to the Simmons' House NWCWD AT&T line ibandoned. ernate 25 1D' more in current No change in length SIMMONS Alternate 2a -3;00" more than current GROSSNICKLE BROUGH Alternate. The Sinclair Route We do not have access to the full proposed route of the Thornton Pipeline, but we have gathered the following information from conversations with Thornton and neighbors: • The preferred route follows County Road 13 as closely as possible (WCR 13 is the yellow line on the Sinclair map drawing). • There are multiple areas where it cannot follow that road because of the location of buildings and houses • In those areas, the route meanders like it does near our property. Benefits of the Sinclair Route vs the currently proposed route • Far less impact to land values because this route would in effect simply widen an already existing easement and not chop up the remaining land any further. • Fewer landowners from which to obtain easements. • The path is much straighter resulting in more efficient operation of the pipeline. • It will permit improved maintenance and monitoring. • Less bad will resulting from the process. • We believe that with a little negotiation, Sinclair and Thornton could come to an agreement to share half of their adjacent easement route to effectively reduce the overall easement from 100' to 80 in width, which obviously would benefit all involved. • Far fewer existing buildings and homes to be routed around. Page O2 Frederick and Deborah Myers PO Box 471 Baggs, WY 82321 June 17, 2020 Diana Aungst Weld County Planning Services 1555 N 17th Ave Greeley, CO 80631 Case ##: USR1S-0130 F (7,4 F., E , JUN 232020 Weld County Planning ueparune t GREELEY OFFICE Ms, Aungst: The City of Thornton's proposal to secure a permanent and temporary easement on land owned by Frederick and Deborah Myers at 39880 WCR 13 is not acceptable as to the contract presented by Thornton. The proposal will disrupt the only existing entrance and will adversely affect the future development potential of the prime land located adjacent to Weld County Road 13 and U.S Highway 14. We would rather that the City of Thornton stay in the Weld County Road right of way instead of jogging over onto private land. Respectfully, VaAl Frederick and Deborah Myers 75 EXHIBIT 16 Plea to the Weld County Planning Commission and the Weld County Board of Commissioners RE: USR18-0130 Thornton Water Proposed Project June 19, 2020 John Sauer Sr, LLC and the Sauer Family respectfully request that Weld County deny approval of this project. We are only one of many Weld County landowners and residents who will be negatively affected by this proposed project. Our original communication with Thornton from April 14, 2017 included the following comments: "The ownership of Sauer properties is committed to the support of private property► rights and production agriculture. It is our opinion that this project directly violates both principles. We condemn this project which relocates water from the right -to -farm Weld County to a municipality that is more than 40 miles and several watersheds removed? We believe that approving this project would be a monumental loss of a valuable natural resource and incredibly damaging for the current and future residents of Weld County . As the Planning Commission and the Board of County Commissioners, you are our voice and the voice of future generations. How will future generations of Weld County residents be affected by allowing this project to proceed? As our representatives, we depend on you to make the best decisions for the future of Weld County and its residents. As private landowners we have limited ability to protect our property. We have offered Thornton amenable solutions which would satisfy both parties, but Thornton remains rigid and unreasonable. In the three years we have been dealing with Thornton on this issue, we have felt no effort from Thornton to mitigate potential damage to us, but rather a bullying stance that ignores the damage being imposed on us. We have attached all the email communications that we have had with John Doty, the Contract Agent for the City of Thornton. We are concerned that our negative experiences dealing with Thornton over the course of three years reflect similar experiences of other Weld County Residents and Landowners. Is this what the Weld County community can expect through the development of this project? If you somehow decide that approving Thornton's project is in the best interest of Weld County, we respectfully request that you require the City of Thornton to work with John Sauer Sr, LLC to mitigate the disruption and damage that they intend to do on the Sauer property. EXHIBIT 2 a 17 John Sauer Sr, LLC Re: Thornton Water Project Page 1 Summary: John Sauer Sr, LLC owns a farm north of Johnstown, which is leased to Sauer Ag, LLLP for farming. Sauer Ag, LLLP is operated and managed by Cynthia Sauer, Abraham Sauer and Alex Sauer, (mother and two sons). The Sauer Family also owns several other farm properties near Johnstown, which are currently farmed by Sauer Ag, LLLP, one being Sauer South, LLC. As early as 2017, John Doty, Contract Agent for the City of Thornton Water Project. contacted Sauer South, LLC (located southwest of Johnstown at the intersection of Weld County Road 15 and Weld County Road 46, for a Right of Entry request. On April 14, 2017, Cynthia Sauer notified Mr. Doty that NONE of the Sauer properties (Sauer South, LLC, Sauer Whitehall, LLC, John Sauer Sr, LLC) had "any interest in participating in the City of Thornton's effort to divert water from northern Colorado". (Full copy of letter see below 4/14/2017). February 26, 2020, John Sauer Sr, LLC received a Notice of Intent to Acquire from Mr. Doty on behalf of the Thornton Water Project and a follow up Final Offer to Purchase on March 23, 2020. Thus began a series of email communications between Cynthia Sauer and John Doty. The permanent easement proposal that Thornton has offered cuts into the northern side of John Sauer Sr, LLC, where the Hillsborough Ditch crosses Weld County Road 52, and according to their maps, the water line passes under the Hillsborough Bridge, which from our understanding of the Weld County Engineering requirements, is not allowed. In response to the Thornton proposal, the Sauer Family has offered a less intrusive easement, which would cross onto the John Sauer Sr, LLC property to the west of the Hillsborough bridge. In the past 3 months, Thornton has made no effort to move toward a less intrusive easement onto our property. We have made every effort to provide them a reasonable route for their easement, and they have been inflexible to say the least. We are adamantly opposed to this project, but have tried to offer a reasonable solution which keeps falling on deaf ears. We request that the Weld County Planning & Zoning Council and the Weld County Board of Commissioners deny the permits required for this project until Thornton shows they are making an effort to mitigate the disruption to the landowners throughout Weld County. For this particular segment of the Thornton Water Project, we believe that Thornton is ignoring a totally feasible option for their easement. John Sauer Sr, LLC Re: Thornton Water Project Communications between Sauer Family and John Water Project: Page Contract ct Agent for Thornton 4/14/2020 Sauer Initial response to John Doty: Sauer South, LLC has received the Right of Entry request for the City of Thornton Water Project, dated April 7, 2.017, NEITHER Sauer South, LLC, nor Sauer Whitehall, LLC, nor John Sauer Sr, LLC has ANY interest in participating in the City of Thornton's effort to divert water from northern Colorado. All three Sauer properties do N t T give permission for the surveying and/or on -site analysis of these properties for the City of Thornton Water Project. Any access of our property in this matter will be considered trespass. The ownership of Sauer properties is committed to the support of private property rights and production agriculture. It is our opinion that this project directly violates both principles. We condemn this project which relocates water from the right -to -farm Weld County to a municipality that is more than 40 miles and several watersheds removed. We believe, considering the scope and budget of the City of Thornton Water Project, an "appropriate alignment" can be found that will not include and Sauer properties. On 3/3/2020 1:56 PM, From Cindy, Abe ggst Alex Sauer to John Doty: To reiterate our previous position on the matter, John Sauer Sr., LLC and Sauer Whitehall, LLC and Sauer South, LLC are not interested in participating in the facilitation of the Thornton Water Project. We refused to participate in the Kerr-McGee gathering lines project and they were able to find a path around our properties. We recommend that all advisors, engineers, and consultants for the Thornton Water Project/ follow their lead. >3/3/2020 From John Doty to Cindy Sauer Thank you for the response. I will share your message with Thornton as was done before and let you know how they respond. John Sauer Sr, LLC Re: Thornton Water Project Page 3 3/23/2020 Thornton Water Project mailed the Final Offer to Purchase To John Sauer Sr, LLC THORNTON WATER mom:1T cIe MEV JAIVAISMIEERfr MOM £LC 1t2-;! r.'CI11d3IT A (2 ()r2) I HEIf4 SEC. 31, TEN, R67W zdL�'.1 mt ikat erias nectar . 30' RICHT—OF—WAY r RIGHT—OF—WAY —(OaiiM 0t.. 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FT. 0_21.9 .A CR F HS9 if'3i'E 2623 -fl' CRASS Of BEARINGS) NTII}...A rT CORNER ` 4IION 31. TUN., RO7W 25' RIOHT-OE -WAY APF1cQJWETJ ROAD VIEWERS' REA7RT -CROAK IS,; PAGE 315)(1$05) ALSO %i QUII CLAIM DEED ,.BOOK 212 PACE 20(1985) • .41440241411.41F rdew rnw or t VA?4st eV' .'!.. any/' ,t1:4Mt! "NW 4449P) .# l71/.24Fra'se.LW _tarn Altat.1VPrWr.1 120141 tiY.i e24437-31-, SAMS r1P.J71?> .M.4 I4ZZO '.PA.ccn A .,4 •14f7. S Thornton WATER PRCJECt 50 H KING St'RN:'IW /RS liSPL.tiare..-.w,,t ./,► ,r aaeeo c'IQ.."nip did nit vn. i? ivlydaelfay::n t 6 .vt.... It tin! PROJECT KX20Ixa4da DATE. I/20/2020 a.srTIcliv OF THORNTON DWOsWIen-tiu r -ac -teal Of&wwt Sur CHECKED; ma) Mrctttael tied hike. - Ott Retail OF Kin.e Sure. ,s Catered° licensed PT9tfl i,t it I-rnai Surveyor it3dnUu in lino (attached), which included the following 3 /26/2020 Sauer Family Responded to John Doty: After reviewing the proposal regarding the Thornton Water Project, we offer a different solution that we believe provides an amicable resolution and would avoid eminent domain proceedings. In order to both facilitate Thamton's project and to limit impact to John Sauer Sr, LLC and associated operations thereon, we propose the following terms: 1) Thornton to bore the line, within a 50' easement, directly from the Kammerzell to the Betz property at a 45 -degree angle through John Sauer Sr, LLC. See attached markup of your Exhibit A-- 24W-8 2) Agreement to provide for only one pipeline, not multiple pipelines 3) Agreement has no temporary easement 4) Compensation for the permanent easement would be prorated based on the original $18,674 for ,219 acres 5) No permanent above ground improvements/structures/appurtenances, other than utility location markers, which are to be placed only on the property boundaries. John Sauer Sr, LLC Re: Thornton Water Project Page 4 If this proposal does not provide a solution for Thornton to complete the project, please provide documentation that this proposal is neither reasonable nor viable. John Sauer Sr, LLC Cynthia Sauer, Operating Manager i ±UJL-Ct CIF 12-777 _ - IT A (2 OW 11 .,V1,21trartlK avew,c tic' NOR TM OLIMTEI4 noRrar 'SEA: 110P4 51. TON. R07W POINT OF COMMENCEMENT A Ware Sag I POINT OF TEIRMINATi0N SriritT.nrai' .* i neezml £ aiter2r I R7.-IsactT1'1 fist i,,er'.pii - (An: • Asel .F r.APa sj 4—I I n .4crE: - re/se-mow- III m rrck.r-at c c;,rrranii7 Zee t --y i "LII i OENTER -NoRTli I I 4Sa `-31.R rear 411 i_l,:XdyLfl j•-1, SECTION '.ii. 'USN, Fat) II' 97;)(1869} F -WAY DEED PACE 9,526 SQ_ Fr. 0.219 ACltE NEt/a RU7W CUS.Vv4Jd L221r 25 RI Ca -IT -Or -WAY APPROVED ROAD VIEWERS' RFP.ORT (8O0R 83 PAC" 3t S){1905)- ALSO SEE Obit Ca AMA DCCU 109.0 (BOOK 112 PACE 288)( roam) I2W RIGHT Or - WAY APPSnvgn ROAD VILWER S' REPORT (anon- A3 PA9C 31 S){79'0"3) ALSO SFF 17101 CLAIM DEED ISC OR 212 PAGE 251$)(1903) N ear*2'2i4"E 262a.71 (oasis or sEa a os) ,a) KORTHEnsT CON NV, �Fr 'SECTION Si. T5N. RSiW' .d3nri le f./L' t aaeg nr o' .67001 w,NE` tair AfrdISSP2W) (.6•:4y/ a eacvelev FAY.Iv ..sr.race A', y,' V eJi7l114/.A zr a .trn &R '- 842 9l iCAC'F5lg teite aL tarnai fertei tnir.D' .Ma a Jrjn.1eear OM= A42 .l eaase.R0t IIGEcY.6>GI1VArl'YASialit_'Nt Ma eras .rs{K .. € 50 25 0 L 1 1 ri I Mitten' Chad Dinka — On Uthel or KLey Sur vayora Caieraa7c. I. wain .e4 P raleseiwn ul Land Surveyor I¢.6^ SIOS N['.TI'- n.l.. 4a.Id1.11 ;AV WIny he nn•- Ire twn:ita to ea a TWild Mil 611 Bladed 7aIid strap. Ira .nY lino pane.pane.ki .tr v tf graphic reereeteiON ea id cla .A.uln,u,ni ..f lb.: .ilt.•. In.Jp rev y..rccrlpt fa W11110111 IS el MIMS- INS 'seiner. pepper -fir dnvrile sru_pYS mediate the OKAUDIt QralWInd. KINJIG SURViEY }RS PR4JECrf NG:1017o4�is TAr�f tan Abu .i [Csrdtn 17. inn I ev frl•mxel tier S5{. DATE! 1�tly,ttei2O _ al ego g - pban� Ivloy n>sc.�oxt 1 n,c 7711) rs ^.t+9'+ c1.,ENr: CITY OF THORIvTON �l �.... �....I�i}i[I.7F4./^'sson-arm DINOIESAIT-.SAUER-Pt-SttCa1 DRAWN: SW' CHECKED; M!CD the 3/26/2020 John Doty Response to Sauer: Thank you for providing a response and counter proposal. This is definitely something Thornton can consider. I will review with them and get back to you with their response. 3/30/2020 John Doty Response to Sauer: It sounds like this proposal might work for Thornton. They have askedthe engineers to take a closer look at the proposed bore to make sure it can be done. Would you be okay with them accessing the the NW corner of the field to see if the bore would be feasible? 3/30/2020 Response from Sauer to John Doty: Yes, they may access the NW corner to survey for the bore. The access is to only be from the north. Any questions or concerns, please have them contact Abe Sauer at 970-302-8600. 4/21/2020 Response from John Doty to Sauer Thornton reviewed the proposed bore and although they could likely do it from an engineering perspective, they will not be permitted by the County to cross CR 52 at an angle. It is my understanding that the County has required all CR crossings to be John Sauer Sr, LLC Re: Thornton Water Project Page 5 perpendicular. It doesn't sound like they have any leeway in that requirement so that would make it impossible to bore across your property as you had proposed. 4/21/2020 Response from Sauer to John Doty: Thanks for your note —please ask Thornton to hold off on any proceeding regarding John Sauer Sr, LLC. We are contacting the county to see if we can't get a variance. We'll let you know what we discover. 4/21/2020 Response from John Doty to Sauer: I will do just that. I will ask them to hold off until I hear back from you after contacting the County. Let me know what you hear back from them. 5/4/2020 Response from John Doty to Sauer: Thornton has informed me that they need to move forward with the easements. Based on their direction from the County they are not going to be able to change the angle of the bore. Aside from changing the bore or moving completely off of your property, are there any other items we could discuss to try and reach an agreement on these easements? Without an agreement, Thornton has indicated that they will move forward with filing very soon. I just wanted to reach out and see if there is anything else we could do to reach an agreement. 5/4/2020 Response from Sauer to John Doty: We were finally able to reach Amy Mutchie with Weld County today. After explaining to her the situation with our property and the Thornton Water Line, she explained that only at county road intersections are perpendicular crossings mandated. Therefore there is no requirement from the county for a perpendicular crossing for our property. We believe that Thornton can work with the proposal we sent. O►ur proposal fits within the capabilities or requirements of both the Thornton Engineers and Weld County, as well as satisfying John Sauer Sr's preference for the least invasive solution. 5/4/2O2OResponse from John Doty to Sauer Thank you for getting back to me on this. I will share that information with Thornton and let you know what they tell me. 5/14/2020 Response from John Doty to Sauer: Thornton has reached out to Amy Mutchie with Weld County and is waiting to hear back from her. One thing that further complicates this bore is the ditch. To do the angled bore they would need to bore beneath the ditch crossing in the road which would be beneath a bridge. Thornton wasn't sure if Amy was aware of that and believes that will make it less desirable to the County. Thornton's current alignment would put the bore just east of the bridge on the ditch crossing. 5/18/2020 Response from John Doty to Sauer: John Sauer Sr, LLC Re: Thornton Water Project Page 6 Thornton informed me that they reviewed the proposed crossing with Amy Mutchie late last week. It sounds like Amy was not aware of the ditch crossing initially but after reviewing the information Thornton provided it was decided that the bore beneath the County Road should be east of the ditch. In order to do that Thornton will need to utilize the original plan to bore perpendicular to the road. In order to complete that crossing Thornton needs to move forward with the current alignment and easements. Please let me know if you have any questions. 5/19/2020 Response from Sauer to John Doty: Thanks for your note. Nothing has changed regarding Thornton's ability to bore this line in the manner we suggested as a counter proposal. We are willing to move forward with an easement, but not at the current alignment that Thornton has proposed. In an effort to help find an amenable solution we would like to see Thornton's potential line routes relative to how the line approaches and exits (or borders) our property, for us to better understand their needs. We are comfortable agreeing to a single bored pipeline in a 30' permanent easement with no surface appurtenances and no surface disruption, in the configuration that we have proposed. Whether it is east or west of the Hillsborough bridge is irrelevant to John Sauer Sr, LLC. We are not prepared to sign any agreement without seeing Thornton's potential routes for this pipeline bordering John Sauer Sr, LLC, and not with the language and locations that Thornton has proposed. 5/19/2020 Response from John Doty to Sauer: I will try to get you a map that shows the proposed easements bordering the John Sauer Sr. LLC property tomorrow. There won't be any surface improvements but the 30' wide easement and the request for no surface disruption don't sound feasible to Thornton. I will get you the map and I will discuss your requirements with Thornton's engineer again. 5/21/2020 Response from John Doty to Sauer: Here is the map I was able to get from the engineers showing the alignment on the John Sauer Sr. property and the adjacent properties as well. Let me know if you have any questions. (Sauer Note: This map shows the permanent easement being located directly under the Hillsborough Bridge. Sauer is opposed to locating this easement to the east of the Hillsborough Bridge) John Sauer Sr, LLC Re: Thornton Water Project Page 7 Thornton Water Project Sauer =ar:el Ea=erie it Overlay Google Earth Ch,rpri Ca -mate 5/26/202 ► Sauer Response to John Doty: Thanks for sending the map it helps give us better perspective on Thornton's plans for the route of the water line. It appears to us that this map shows the Thornton water line actually going directly under the Hillsborough bridge, which it sounds like Weld County opposes. Is Weld County aware that Thornton's proposed design runs directly under the Hillsborough bridge? We believe Thornton needs to bore west of the bridge, minimizing or eliminating the easement request on John Sauer Sr, LLC. 6/2/2020 John Doty Response to Sauer: I discussed your email below with Thornton and asked them how they would like me to respond. They believe the current alignment complies with the direction/feedback they have received from the County and they plan to move forward with the easements as proposed. I don't have any flexibility on the alignment at this point but would be happy to talk to you about your concerns related to the surface damages, crops or any other items that may need to be addressed. 6/9/2020 Sauer Response to John Doty: We are not at all in agreement with Thornton's plans for our property. We will be submitting our comments to the Weld County Planning and Zoning Commission and the John Sauer Sr, LLC Re: Thornton Water Project Page Board of County Commissioners, and attending the public hearings relative to Thornton's intentions. We will be providing the county with all correspondences including the statements that 1) Thornton engineers can do a directional bore and 2) That the county restricts pipelines from crossing under bridges and need to be at least 10' away from any existing structure. Comment from Amy Mutchie: "Due to the size of this pipeline, it would probably be a minimum of a 10 -foot clearance from all existing structures of the bridge." our proposal dated March 26, 2020 still stands, with a slight adjustment, boring to the WEST of the Hillsborough bridge, and can avoid causing any surface damage or locating any surface appurtenances on our property. We are disappointed that Thornton has made no effort to minimize the potential impact to John Sauer Sr, TIE, especially when we have offered a reasonable solution that would do so. 6/9/2020 John Doty Response to Sauer: Thank you for your email. I have forwarded this to Thornton and have asked them to respond to you directly. Cynthia Sauer 6681 County Road 50 Johnstown, CO 80534 April 14, 2017 John Doty Contract Agent for Public Service Company of Colorado Western States Land Services, Inc. 505 North Denver Avenue Loveland, CO 80537 RE: Right of Entry request for the City of Thornton Water Project Dear 4 Doty, , Sauer South, LLC has received the Right of Entry request for the City of Thornton Water Project, dated April 7, 2017. NEITHER Sauer South, LLC, nor Sauer Whitehall, LLC, nor John Sauer Sr, LLC has ANY interest in participating in the City of Thornton's effort to divert water from northern Colorado. All three Sauer properties do NOT give permission for the surveying and/or on -site analysis of these properties for the City of Thornton Water Project. Any access of our property in this matter will be considered trespass. The ownership of Sauer properties is committed to the support of private property rights and production agriculture. It is our opinion that this project directly violates both principles. We condemn this project which relocates water from the right -to -farm Weld County to a municipality that is more than 40 miles and several watersheds removed. We believe, considering the scope and budget of the City of Thornton Water Project, an "appropriate alignment" can be found that will not include any Sauer properties. Sincerely, Cynthia Sauer, Operating Manager Sauer Properties, South, Whitehall and John Sauer Sr, LLC's ]N4.arcih 23, 2020 WESTE S Lan Services, LLC Acquisiti:on and Rcorati R n Sp�idists 5(15it Denver Avenue Loveland, C 8i3537 dice: {971. 667-76l12 fax: (9°74) 6G7-.584 L FINAL OFFER TO ]PILL'1C]E.IAS[.. /14 4 ILED (ER TIFIED AIL REJtuIW REGAL] ' T REQ UFSTF'D John Sauer Sr., LLC, a Colorado librritei liability coin.. any 66.: 1 County Road 50 Johnstown, CO 8 534 PROJECT; Thorntc.n Water Project ("TAP") �Domestic Water Supply Pipeline PARCELS. 24W-8 PE, 24 -.8 TE FEE (]CIE ' : JOHN SAllE INTERESTS TO BE ACQUIRED: ]Dear Mr. Sayer; rado limited liability company erman t Domestic Water Supply Pi . dine Easem Tempera Construction Easement As you are aware from prig communications, the city of Thornton ("Thornton") intends to acquire an interes# in your propePy for the coHstruction of a domictwater supply • � ipeline referenced above as the TAP. On. February 2 • , 2020 Thornton sent you a N•tics of Intent to Acquire and Authority to Obtain Apprais I lever in which you were offered $13,270,a as fair market value fir the necessary easements. Thornton offered an additional $5,4O4IO as incentive payment providi that you accepted the offer and returned signed documents within 30 days of the date of the letter-, On March 3, Z020 I received an em:il from you statin at youare not interested in athcipating in the facilitation of the Thornton Water Projed4 Th .mton h determined that it will need to acquire the eT'sement(s) ascribed in the end • seq. legal descdptions and depictions desiated as parcel 24W-8 PE fir the per€nanent easement and 24W-8 TE for the temporary consction easement. Copies of the propos - • easement dOCUmentS are also encissed for your information. Page I of 2 In an effort to reach a voitj settlement, Thornton is willing toextend the inceptive offer and hereby proposes Eighteen Thousand Six Hundred Seventy Four I ollars ($18,674,; 10) as compensation for the property interests. In order to accept this proposal please sign and date the enclosed permanent an; temporaryeasement conveyance documents in front of a notary, execute the -9 farm and Statement of Authority and return same to me using the enclosed self- addressed stamped envelope. If it is more convenient, I am a notaryand am available ts meet with you pally to notanze your siathre and collect these documents. If you do not accept this ro osal and return executed copies of the documents referenced above within 21 days (5:0Opm Mon'ay ALrll 13, 202:0) from the date of this letter, Thornton w �1 assume th.t you have rejected this offer an will initiate eminent domain procee! ings to acquire the property interests. If it does so, Thomt n may no longer be willing to pay the am punt offered herein, and instead rely upon its iritial .pinion of value. We hope to reach an arnica 1e resolution and that eminent dom'iTn will not be necessary. Please feel free tme at your convenience to riscuss1 these smatters further. y contact information is provided below. Sincerely, Sohn Doty Western States Lind Services, LLC L.4nd Ac a nns Agent Office Phone: 3U3 -938-1414 Cell Phone: 97(1-37Z4; 8S Em jdotv≥t.ws::is.com E cIc su it 8: 1. Permanent Easement CcrI\'eyar• cc.. Font. 1 Temporary Construction Easement Conve, 1 Legal Descriptions (PEt ICE) 4. Wat9 Fonn 5. Statement of Authority 6. Self Addressed 5.Itamped Envelope cc: Scott Twon...biy Hc fly Archer Page 2 of 2 aidel COB 30' RIGHT—OF—WAY (BOOK 86, - AGE 273)(i 889) RIGHTOF WAY OtT CLAIM DEED (soox 212 PAGE 257 #49:390X7,444 OCA ZION ar CEN2/JVE OC /4LL58080 0/TO.. Y 4eAr "Rae AD?4L PHOTO) RORAZ arc Pie SS009,4 7RUST 25` IiGHTtF WAY APPR VED ROAD VIEWERS' REPORT (BOOK 83 PAGE 315)Ci9O5) ALSO SEA QUIT CLAIM SEED (SCoK 212 PAGE 2.55)(1905) NORTE EAS7 C •RNER 111W 31, TAN, R67W 25' FLIGHT--OF--WAY APPROVER ROAD VIEWRS' REPOR BOOK 83 PAGE 315)0905} ALSO SEE QUIT CLAIM DEEDi (BOOK 212 PACE 256)(1905) Michael Chad lflka — {3n Behalf 0€ King Surveyors Colorado Licensed Profess lariat • Land Surveyor #3810G �'AEC NO llovhO/' j CENTER-NORTH I I SIXTEENTH CQRNER SECTION 31, T5N, R67W NOTE: This exhibit drawing is not intended to be a monumentalized land surrey. It's sole purpose is as o graphic representati, to aid 'visualization of the written property dewript which it accompanies. the w�tt property description supersedes the eibit drowg. KING SURVEYORS 650 F. Garden Drive I Windsor; Colorado 8C7550 phone: (97a) 686-5011 fax: (970) 68G -582-i email: contact[[17�King5ttnTeyors.com PROJECT NO:201 70445 DATE: 1/20/2020 CLIENT: ClTY OF THORNTON DWG: —Sly TCESEC3i DRAWN: SMF CHECKED: MCD THORNTON WATER PROJECT CiP 12 fACt EXAM 30' RICHT-OF SWAY (BOOK 86, PAGE 273)(I889) 30' R1GHT•F WAY QUIT CLAIM DEED (8.0K 212 PAGE 257X NORTH {QUARTER CORNER SEC lION 31, 15N, R67W POINT OF COMMENCEMENT ,5 9' PIPEIJAK 1:45EA�//�il /T1 T� AV?flCt2E CA DER/NG U C (REC. NO. 419.220 areme ENTI TO PWO4F M1L£Y� /?U/R4LI2EC1M'C 4530CM/745vALT: NO A45-42.570 I 1 TO KERR-A1CGLE' LA/MW/NC LAG (ft -EC NO, -1407/701 I CENTER—NORTPI SIXTEENTH CORN SECTION 31, ThN R67W� YR 25s RIGHT F WAY APPROD ROAD IREPORTVIEWERS' (BOOK 83 PAGE 315)0905) ALSO SEE QUIT CLAN DEED (BOOK 212 PAGE 255)(i goy) 25' RIGHT—OF-WAY APPROVED ROAD VIEVCRS' REPO (BOOK 83 PAGE 315)(19 #5) ALSO SEE QUIT CLAIM DEED �K 212 PAGE 256)(1905) APPROAYAM IF 1 / A/ION OF CEWEWL NE OP MLLSS9OAV 70i' 4784 Nw ixaw AERMI P/IVTO) Michael Chad Dinka -r- On Behalf Of King Surveyo Colorado Licensed Prcfessi Lan • Stirveyor #38106 NOTh ibis exhibit drawing is not intended to be a m.onumentaiized land survey. it's sole purpose is as a grhic repn tatibn to aid an the visualization of the mitten property description which it accompanies. The written property description supersedes the exhtit drawing. Thornton WATER PROjECT G5€] E. Garden Drive I Windsor, Colorado 80550 phone: (97E}) 68&51ii I fax: {97U} G86-5821 email: contact:. KingSurtreyors, corn PROJECT NO: 20170445 DAIT: 1/20/2020 CLIENT: CITY OF THORNTON DWG: £AMT-SA4JER-PE-sEC3 t DamN: SMF CHECKEi:: MCA h H: � r� WATER PROJECT February 26, 2420 WESTERN STATES Land Sen ices, LLC. AcquIsition and Relo cation Specialists 545 N. Denver Avenue Loveland, CO 80537 Office: (9'10) 667-7602 Fax: (970) (36T6580 NOTICE OF INTENT TO ACQUIRE AND AUTHORITY To OBTAIN APPRAISAL MAILED CER TlFIF,D MAIL RETURN RE CEIPT REQ UESTED John Sauer Sr., LLC, a Colorado limited liability company 668.1 County RoaiH. 50 Johnstown, CO S0534 PROJECT: Thornton Watr Project ("T PARCELS: 2W! 8 PE, 24V/-8 TE FEE OWNER: J()HN.T SAVER omestic Water Supply Pipeline LLC, a Colorado limited liability company INTERESTS 1.0 BE AC ULRFI.. Penny ..ent Domestic Water Supply Pipeline Easeme Temporary C on s tructi on Easement Dear Mr. Sauer: The city of Thornton ("Thornton") is in the .races of c..tainin.g eascni.ents far the construction of a domestic water supply pipeline referenced iabove as the TWP. This left er is intended to help explain our project, i • enti the loci tion, describe the process, and describe rights. that your have. TL.e TWP is a pipeline that will bring water to Thornton customers. It is anticipated that the pipeline diameter will be in the 42 -inch range and will be under! ound. with some appuilenances and access points above gr:sund. Th.rn.ton has identified a specific alignment an nis working with property owners to acquire the ecessary easements location for the pipeline for the pii.elinec Thornton has determined it will need to ac+uire a portion of your property for an easement as described in the enc1ose.. legal descriptions and deuqnictions Hesignated as .24W 8 P for a ermanent easement and 24W 8 TE for a tempora construction easement. Copies of the roposed eascme::.t documents are also enclose, for your information.. Thornton has retained OUT Western States Land Services, LLC, to assist in the negotiations for the acquisition of the necessary easements to accommodate the TWP. fi Page 1 of 3 The Acquisition Process Thornton intends to engage in good faith negotiations with you to reach an agreement an the just compensation for the acquisition of the propefty interest i entified above. This letter entitled "NOTICE OF INTENT TO ACQUD AND AUTIIO TY 0 O TAIN APPRAISAL" is the first step in the process : nd spells out the nextsteps, describes your rights as a pro • erty owner . nd provides the offer price. Thornton res , ectftily offers to pay you the sum of $13,27x.00 as total just compensation fart e property interest in your jr.pe�y. This offer is based on an appraisal/or an inspection of the propefty and careful evaluation of all facts known to Thornton. Please note later in this letter an expian4ion of the possibility of receiving additional compensation . s pert of Thsn ton's Incentive Payment Program. You have the right to employ an ap r : iser of your + wn choosing to appraIse the per petty mt • rest(s) to be acquired. Tho ton will pay the reasonacost for one a HpralsJ report from an aipraiser of your choosi g pursunt to Colorado Revised Statutes section 38-1-121, as nended (copy enclosed), .rovider it meets the following guidelines: 1) the appraisal is made using sound, fair, ar-co ized appraisal practices consistent with law; and 2} a copy of the appraisal report along with the ms ice is submitted to Thornton within 90 days of the date of this notice. Please see the enclosed Apraisa1 Instr coons for additional infon.tion If Thornton does not receive an appraisal report from you within 9days of the date of this notice, or more than one person ha's, an interest in the Parcel(s) and you caimot all agree on one . ppraisal report to be submitted to Thornton, Thornton will not be responsible for payment +f any appraisal re ort. It is not required that you obtain an appraisal report. However, Thornton recommends that in the event you wish to p rsue your own appraisal repo, you begin immediately to ensure meeting the 91 --day deadline. If your appr. iser requires additional information to prepare the appraIsal rep the appraiser may contact me fir assistance. Should you choose to obtain an appraisal, please proviie a copy of the ap.raisal report, together with the invoice directly to me. I i1i forward these to Thornton for review an lPhornton will exchange a copy of its appraisal report (if one was obtained) with ysu. Thornton may elect to employ an appraiser to prepare a report appraising the yoke of the easement(s). If an appraiser is retaine., Hhey will be contacting you in the near fix:iv to offer to meet with you and discuss the appraisal process and review the easement area(s) in the field. If an appraiser is retained, anif the value determined by the appraiser is : eater than the offer am.unt in this letter, we will present Hn updated proposal to acquire the aforementioned easement(s) to you reflecting the appraised value. If an agreement is reaches as to the value of the interest Thornton is acquiring in your property, the next step will be to si the permanent easement, temporary construction easement an W-9 and Thornton will exchange the signer documents for a check its the a, eed upon amount. ge 2of3 Thornton is willing, where it can, to w.rk with propeity owners on the timin: of construction of the TV/P. Thornton' s tent is to engage in good faith negotiations with you in corder to obtain the easements on a voluntary basis for just compensation and avoid the necessity of • eminent domain proceeding. Before Thornton would initiate an eminent domain .roceedng, you would receive a letter entitled FINAL OFFER PURCHASE. incentive This letter is also to provide notice that Thornton has adopted an incentive -based acquisition rogram for the TWP. Thontew s program offers property owners an incentive payment (extra money) if you choose to a -ee to grant the property ri_ its referenced ! ove withi 3.0 days of this notification letter. Un er the incentive payment prod am, Thornton offers you an additional $5,4Q4. I 0 as an incentive payment for this acquisition, for a total of X18,67 .Q0. This incentive payment is considered an offer of corn rornise end is only available if the enclosed penanent easement, temporary consflction easement, statement of authority and W-9 are signed and returned to my attention within 30 days of the dale of this letter. After ads 30 days, the incentive payment offer is withdrawn. Shaul you have any questions or comments regar.i.ing this offer or the process as outlined above,. please feel free to call me at your convtmience. My contact infoimalion is provided below. e Thank you for your considerati sn of this offer. S mcerely, John Doty Western States Land Services, LLC, Land A eq utsititms Agent Office Phone: 303 —38,1414 Email: j dot _ a ws -1s.com Enclosures: 1. Permanent Easement Conveyance Fo 2, Temporary Construction E sement conveyance Form 3. Legal Descriptions ( E & TCE) 4. Statement of Authority (if necessary) 5. W-9 6 i..iprsisaI Instructions 7. Co y of Colorado Revised Statute § 38 1 121 Page 3 of 3 50 RP&/NE LA5E,!lErVT 1 ! TO 497/?:—MCGEE 6)4 17/flY/NC LLC f 1 GREG: NO. 4193820 -wspnwistiiiilliari 'I I 1D' ELECTRIC &S&�ENT t I: I To P0UDRE !/ALLEY RURAL LZLVTRJC AS5OC'/A770N H /REC NO 4525712 j � >5' ACCESS EASEMENT I I TO KElTR-vIlCGF£ £24 7NE/�'/�G' LLC (REC. NO. 4iO7i2O)" 11, CENTER NCRTF1 I SIXTEENTH iCORNE SECTION 31, 15W, R67W Ate' ThTAS7 25' RIGHT-�F-WAY APS ROVE.' ROAD VIEWERS' REPOT (BOOK 83 PAGE 315)(1905) ALSO SEE QUIT CLAIM DEED (BOOK 212 PAGE 255)(1905} 25' RIGHT-OF-WAY APPR VED ROAD VIEWERS' 'SPORT (800K 83 PAGE 315)09 5) ALSO SEE QUIT CLAIM DEED m44BOQK 212: PAGE 256)(1 905) A/PRtZit4 IF L OCA iV OF CENTER[/WE CTH/LLSSafo oirc# (27R.4maw 46?? AL P7•t' T) JOhWSAfl:PS, TIC (REC. NO. 3145459 LOTD RECORDEDFXEAIJ'rzcwwo.0957-3141111-4476 (RFC Mt 3(57424 WELD crmy7Y,p4 csz NO. Q573JJ�.%7 Mitha& Chad Diika On Behalf Of King Surveyors Colorado License. Professional Land Surveyor #38906 NOTE This exhibit drawing is not intended to be a manurnentafized lQnd survey. it's sole purpose isasa graphicrepresentation to aid in the'Visualization of the written property description whichita companies. The written property descrptton supersedes the exhibit drawinq.. KING SURVEY 650 E. Garden Drive I Windsor, Colorado 80550 phone; (970) 68S501:1 far (979) 686-5821 email: comae. KingSurveyorstom PROJECT N0:20170445 DATE: 1/20/2020 CLIENT:clty or THORNTON DWG: ESMJSAUERPE-sEe3t DRAWN: SMF CHECKED: MCD John Sailer Sir" LLC r41:10 pi:31Se a 'Ube I- arta It John Sauer Sr, LLC proposed alternate easement 50' P/PLUM EAS£M£NT I I TO KERR MCf,E£ CA /1/ER/NC LLC I I (NEC NO. 479.3820 >o' EZECDP/C &12w.vrj TD i'W27 REVALLEY' RURAL £ZECJR/C ASSOC/,4 710N (417EC ND. 4S2/2) 1 15" ACCESS EASEMENT I I TO KERR-ilt'QEE 64WL7WN0 EEC (RFC NO. 44071 AV II I CENTER-NORTFU I I SIXTEENTH CORNE9SECTION 31, T5N, R67V IA X2fl2f::! iCHT- IF WAY OK 86, PAGE 273)(1889) 3Q` RIGHT IF WAY QUIT CLAIM DEED (BOOK 212 PAGE 257} ALL MUST 25'RIGHT-OF---WAY APPROVES ROAD \AEWERS1 REPORT (BOOK 83 PAGE 315)(19Q5) ALSO SEE QUIT CLAIM DEED (800i< 2i2 PAGE 255)(4905) 25' RIGHT—OF—WAY AP'ROVED ROAD VIEWERS' REPORT Lca•ooK 83 PAGE 315)(1905) ALSO SEE QUIT CLAIM DEED a-4NckBooK 212 PACE 256g19os) APPROA.ZT LO.A.DtV OF CENIERL/NE QF H/11S8080 DITCH (VRAHW MOH AThYAL PHOTO JO]TN SiWI SR., LIX? (REC AV. 314545) LOID RECORDWEXEW'ncwNat&57-311R&/476- (RBA NO. 345W26) WELD O•O1fl M!tfl NO 0567111M197 MIchael Chad Dilko On Behalf Of King Surveyors Colorado licensed Profession••.J Land Surveyor X3$106 NOTE This exhibit drawing: is not intended to be a monumentalfzed land sunrey# it's sole purpose is .as a graphic rerepresentation to did in the aisualiz.ation of the written property description which it accompanies. The written property 4escr1pt1on supersedes the exhibit drawing. NG SURVEYORS 650 E. Garden Drive 'Windsor, Colorado 80550 hone: (970) 6865Oh1 j fax: (97O) 686582i email: contact ctiKing5urc eyors.com e� PROJECT X0:20170445 �ATE:1/20/2020 CUENT:CIT( OF THORNTON DWG:Eswas:uER': RE SEC31 BRAWN: SMF CHECKED: MCD ro o sement Thornton Water Line appears to cross Weld County Road 52 at the Hillsborough Bridge, Adjoining John Sauer Sr, LLC p.rt�...erty to the south n . • . r ! '.. a . ' T U , qr: I a —e. a �s,. r��'L'°Fr• • 1 ' f'! "7x�..*P,•Yr rrC--.;?•71-1,--;-..'i _ is ••I--• , a.r.�e_.e.+...s _ v .7..�__.?` �,, •:.r� --.es .ri ,.aaa:� .e• -3._, z�.+ �..—i e.n9 �•-- .. e' " . I T. % •aces i r, � _ir +'•.•F_ t y�..a.-Sa�l'y7 .Nina .Ajel.~-.C..•: ,!bia•'ry� Thornton WATER PROJECT MEMORANDUM Thornton Water Project USRI8-0130 Supplemental Permit Application Request for Revisions to the Weld County Staff Recommended Conitions of Approval TO: FROM: DATE: Diana A.0 ngst/Weld County City of Thornton July 20, 2020 The city of Thornton (Thornton) has reviewed the Special Review Permit Administrative Review (Review) for USR18-0130 Supplemental Permit Application for the Thornton Water Project (TWP) requesting a Use by Special Review (USR) Permit for PIPELINE — DOMESTIC WATER as authorized by Weld County Code (WCC), Chapter 23, Article II, Division 6 Use by Special Review Permits for PIPELINE — DOMESTIC WATER. This memorandum requests revisions to the Weld County Department of Planning Services' staff recommended conditions of approval stated in the Review. A copy of the Review is included as an attachment to this memorandum. The requested revisions are based on discussions held on July 16, 2020 between Weld County Department of Planning Services and Public Works staff, Thornton staff, and Jacobs staff who are Thornton's Owner's Advisor for the TWP. It is Thornton's understanding that Weld County staff has no objection to the requested revisions. Department of Planning Services Recommended Conditions of Approval Thornton requests the following revisions to the Department of Planning Services' recommended conditions of approval. Requested revisions are shown in red italicized text following the condition of approval shown in bold text. Thornton is only requesting revisions to those conditions of approval listed below. If a recommended condition of approval is not listed below, Thornton has no objection to the condition. 1. Prior to recording the map: B. Final Drainage Reports and Certifications of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, are required for Booster Pump Stations 1 and 2. (Department of Public Works) C. The condition is not required for completion of USR maps. The condition is required before construction. List condition under "4. Prior to Construction for any segment of the pipeline'. Final Drainage Report with a Certification of Compliance stamped and signed by a Professional Engineer registered in the state of Colorado, or a Drainage Narrative with a qualifying exception to stormwater detention, is required for each of the thirteen (13) proposed staging areas. (Department of Public Works) 1.0 .0 2 EXHIBIT 18 TWP MEMO USR18-0130 SUPPLEMENTAL PERMIT APPLICATION REQUEST FOR REVISIONS TO CONDITIONS THORNTON WATER PROJECT USR18-0130 SUPPLEMENTAL PERMIT APPLICATION REQUEST FOR REVISIONS TO THE WELD COUNTY STAFF RECOMMENDED CONDITIONS OF APPROVAL The condition is not required for completion of USR maps. The condition is required before construction. List condition under "4. Prior to Construction for any segment of the pipeline" as with the following revised text: Replace the condition as follows: "Final Drainage Report with a Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado, or a Drainage Narrative with a qualifying exception to stormwater detention, is required for each of the proposed staging areas. (Department of Public Works)" G. The USR map shall be amended to delineate the following: 12) Show and label the proposed access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain access permits in these locations prior to construction. (Department of Public Works) Replace the condition as follows: "For the water tank and pump stations show and label the proposed access locations, required access width (40 feet) and the appropriate turning radii (60 feet) on the site plan. The applicant must obtain access permits in these locations prior to construction. (Department of Public Works) 21) Show and label the approved tracking control on the site plan. (Department of Public Works) Replace the condition as follows: "Show and label the appropriate tracking control on the site plan for the water tank and pump station sites.' 25) If applicable, show and label a minimum 30 -foot wide access and utility easement needed to provide legal access to the project on the site plan. (Department of Public Works) Replace the condition as follows: "If applicable, show and label with reception number a minimum 30 -foot wide access and utility easement needed to provide legal access to the water tank and pump station sites. 24) Show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works) Replace the condition as follows: "Show and label the proposed drainage features. Storm water ponds should be labeled as "Storm water Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Public Works)" 25) Show and label the drainage flow arrows. (Department of public Works Replace the condition as follows: "For the water tank and pump station sites show and label the drainage flow arrows. (Department of Public Works)" TWP MEMO iUSR18-0130 SUPPLEMENTAL PERMIT APPLICATION REQUEST FOR REVISIONS TO CONDITIONS OF APPROVAL 2 THORNTON WATER PROJECT USR18-0130 SUPPLEMENTAL PERMIT APPLICATION REQUEST FOR REVISIONS TO THE WELD COUNTY STAFF RECOMMENDED CONDITIONS OF APPROVAL 26) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of public works) Replace the condition as follows: "For the water tank and pump station sites, show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works). 4. Prior to Construction for any segment of the pipeline: G. Provide a map showing location of the temporary staging areas separate from the USR map. (Department of Planning Services) Combine conditions 4.G, 44 and 4.K. Replace 4.G condition as follows: "Provide a map showing location of the temporary during construction and permanent access permit locations and the temporary staging areas, separate from the USR map. (Department of Planning Services)" J. Show and label the temporary during construction and permanent access permit locations. (Department of Planning Services)A signed Statement of Taxes from the County Treasurer showing no delinquent property taxes for the area referred to in the application materials. Combine conditions 4. G, 4..}, and 4. K as shown for 4.G above. K. Show and label the access permit location for the staging areas. (Department of Planning Services) Combine conditions 4.G, 4..1, and 4.K as shown for 4.G above. TWP MEMO iUSR1S-0130 SUPPLEMENTAL PERM IT APPLICATION REQUEST FOR REVISIONS TO CONDITIONS OF APPROVAL 3 Thornton Water Project Weld County Use by Special review Supplemental Permit Application Weld County Planning Commission Hearing July 21, 2020 City of Thornton �`� Thornton i1� WATER PROJECT EXHIBIT 1 1 9 Presentation Out i me • Project Background • Approval requirements Consistency with the Comprehensive Plan 8 Approval Standards urpose and Need • Additional supply by 2025 • Help address source water quality issues • Improve Thornton's water supply reliability and drought resiliency • Meet municipal demands in the city through 2065 Thornton Water Project Weld County (Unincorporated) • Buried 42 inch water pipe • 34 miles • 1 Water Tank • 2 Pump Stations • Buried fiber optic cable • No use of Right of Way Water Tank Pump Station Pump Station I' r 1 - Segment I I Weld County _ �� Planning E - sement Acquisition • Needed: — Easements across 138 parcels — Three fee title parcels (tank, 2 pump stations) • Acquired 80 easements • 58% of parcels • 51% of length —1 fee parcel for tank Are ECUldlt Source Water • WterSuppIv2nd Storage Company (WSSC) • Jackson Ditch Company (JDC) • Legally Available • Water Court Decree • Ditch Co. Agreement ➢ No impact to other • itch users or water rights r ler se sr! I y -CtttR6 ta2 Mitt 1I. 11 tun cicNo { !khan! wit litho' % ilia k WSSC Res #4 WSSC and JDC headgates U Pu A R II IN'1. E R .;ill r r3t,. ric i nil; Pct. f44 LOVELANU f . _ ----- 1 1 DIAL It I li6.o AULT c I I�M1:SII l- ; ac-. r~ rrg rn?pcttlr At, 4 111 lEe NATH r Sc') RANCE JOHNSTOW BERTHOUD MEAD i�- �LUNC in ON T N. r rte. ' f-' ` rr. k+ Y 1 I i i / :-a f bill U \• L D E R k Hr- Jr- r t3's I I BO LDE)b ., I. — ERIE 1 �I�htA r r N TI Citt, • 'FIRESTONE FREDERICK �� f rc:_, D liCONO -J "t— �r �I i B WO` O NIF I E L IJ r I � \11 H i r in PA f I 4GREELEY l�1 W E ?FORT LUFJQN 1r 41. L D k AD A , Infrastructure to deliver Source Water to Thornton's Treatment Plants nk WSSC Res #4 1,110.1111( IV¢wtrc tat. Nidyc LL COLLINS LQNGU IONT BO LDEI)Z ERIE 1 _ 5]O NH v1 T re DIAL I, 1[iIl.n { _ RANCE N N GREELEY , C) FORT LUP WELD Thornton Water Treatment Plants I' f aro COLORADO'S WATER PLAN COLLABORATING ON COLORADO'S WATER FUTURE Horne The Plan Nr The Basins The Technical. Analysis Implementation vr Learn More 000 o oc • on ar: • -frior Alr j• -4 1_ a , a PIP --•C •-• \r yjQr 44 BAs r, • 4'' ..—_ i i. -- a Colorado's Water Plan _441, =t rt D.. 1 PROTECTING OUR WATERSHEDS 1 , :is OF EC.ONC1vIY. ars 4 - People love Colorado. Our iconic mountains, rivers, minerals, plains, communities, forests, snarv, wi,dl'fe, and wilderness have drawn people by the millions to our centennial state. Our population has ballooned from 1 million in 1930 to over 5 million today, and could nearly double by 2060, Sustaining this growth requires water. With this projected pace of growth, how cc we preserve what we love about our state? Colorado's Water Plan has. answers. Colorado's Water Plan includes the Thornton Water Project Water & Land Stewardship Mee ■ the royal Weld County Code Sec. 23-2-480 Consistency with • • • • • S Comprehensive P i Guiding Principles �I 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 Consistency with Comprehensive Plan • • Guiding Princip es 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 Consistency with Comprehensive Pi. fl Guiding Principles • Private Property Rights • Respect for Weld's Agriculture Tradition • Recognition 0' the County's Diversity • Economic Growth Consistency with Comprehensive Pi. fl Private ProDertv Riahts • Work with property owner on pipeline location - Accommodate reasonable requests if possible • Minimize impacts • Communicate acquisition process/rights • Negotiations Consistency with Comprehensive PI.n Res.ect for Weld's riculture Tradition • Passive use — No surface impacts • Pipeline buried below plow depth • Ag uses can continue after construction • Temporary impacts only • Minimize crop impacts Consistency with Comprehensive Plan Recognition of the County's Diversity • Compatible with diverse land uses: Agriculture Energy Industry Low Density/Estate Residential Open Space Consistency with Comprehensive Pi. fl Economic Growth • Easement acquisition and construction will contribute to local economy • No negative impact on growth and government services • Alignment coordinated with local governments Consistency With Comprehensive Plan • More information? • Questions? ipeline Approval Standards Section 23-2-480 1. Avoid or minimize pipeline impacts to agriculture 9 Aq. 4. ti 7. R Avoid adverse affect on surrounding area development Mitigate negative impacts on the surrounding area Control soil erosion, dust, and noxious weeds Implement measures to protect County residents and mitigate impacts Assess alternatives and propose 2 pipeline consistent with County interests and balanced resource use Protect natural and cultural resources Avoid adverse impact from stormw2ter runoff Responsive InformatIon >tfr Natural and Cultural Resources Assessments ➢ Monitoring and Mitigation Plans: ➢ Open Waters, Wetlands, and Riparian Areas >Animls, Plants and Habitat ➢ Noxious Weed Management >Information On: ➢ Floodplains ➢ Air Quality ➢ Drainage and Erosion Control ➢ Geologic Hazards ➢ Groundwater ➢ Noise ➢ Traffic Approva Standard 1 Avoid or minimize pipeline impacts to agriculture 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 Approval 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 effects 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 Pipeline is buried below plow depth Consider property owner preference Be outside current and future planned road ROW Be adjacent to roads, ROW, existing utility easements, and property lines Minimize road crossings Minimize impacts to environmental resources 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 25 Approval 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 Approval Standard 6 Assess alternatives and propose a pipeline consistent with County interests and balanced resource use • A multi -step process was used to develop the water pipeline route to minimize impacts to local communities and future development 1,1*, iJ ci 111,1 13. 9 • 4. 5.p4J N. 1 T Lt ••• ..__J "co %;• � , R� 1�r+ .. +v • 1 'r , g I . • 4y �'� l J\( • I' ,L ! �'._ 90--.•lLay�f,'' s e- r rw t atijy.^. I' ✓r4r ,�• �,. Sour O!'a'tc PAM1}Y ._ Al y 1 Ir y• ! • �•� Shan', I ftli Illh :•, . •Z3t' y! r q�4 i- _ •L, E..,•'L 1, y7Fa'iy-.rl,; r r r,'- a � ('SCI Casty RArrtni -� �...f....r—...:-, re /-. r�l'+ ;Pr t l •;:t..--...:- ..•_ . :•-' `' '' :a�r,.,^• -�''1✓y�. s�.tYf -K -I c - , 'FORE GLL1NJ 1'' yT s -:_IWROSQR ' - LOr1e 'a" r JI it 41 .y • i1 -- T. _asst_ • .� L0NCa!Dr.r ., 'i41dic P.- 4:<i i G 144J -AYE J )2= h.) .. • 3ROC MATE Du u:a 2.OV18VXLG t:.l .•1 8 4 �.. _ ..I••Ca' t. •• • 7 — fl ld_'Corrutry Approval Standard 6 out - Development Criteria • Where practicable: Outside current and future road ROW Adjacent to roads, existing utility easements, or property lines Minimize impacts to agricultural use Consider property owner preference Minimize impacts to existing structures Minimize road crossings Minimize impacts to environmental and cultural resources Approval Standard 6 Preferr - d Route Deve i 0 pment • The process to develop the water pipeline route was 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 environmental constraints Approval Standard 6 Proposed Thornton Water Project ute 12 6 G. sitObit45 TOWNr^1 • e • 117 —srm. ' l BEF11(QUD es wi•a■rTI -a IMEAD 4 IJifY��_�+lL v•� r Lr1)ry duAm r. 40A YET TE er !El ROOFlraFI[L f .C. mak sup l �� FREDERICK ..W ter Tank Fi SEVERANCE Pump Station 1 0 F' I Pump Stator 2 Approval Standard 6 gnment Statistics • Entire alignment location has been identified • 34 miles in unincorporated Weld County • 0 miles proposed in ROW • 138 easements required • 80 Acquired 58% by number of parcels 51% by length Approval Standard 6 L= d _ cu S S ition • Respectful process • Just compensation • Minimize impacts • Continued agricultural use • Restoration of property • Non exclusive easements • Eminent domain only as a last resort Approval Standard 6 Alignment Altern = tive Use of ROW • Weld County stated preference to not use ROW • Use of ROW requires Weld County approval Approval Standard 6 ii�nment Alt. .ii'native: Vs � • f ROW Several property owners have requested that Thornton use WCR 17 ROW r.' J . `u :'_A.'Yd `) _1.C Approximat I ,.z 35 feet proposed in Feld C:ourty RQ 9 Approximate proposed in Weld Coi 76-'s i.9f e.a"d Approximately 4,953 eet. proposed in '' e�C� ! p wily R 22 11 CI: 36 Approval Standard 6 A ignment Alternative: Use of ROW • Thornton is willing to accommodate property owners' requests to use ' OW if: Both Weld County and Firestone approve the use of WCR 17 ROW Approval Standard 6 Proposed Thornton Water Project Supplemental Permit Application Route inert� . BEFIT HOW? u� I iFATE a` -. . BROOlielFFELO Water Tang WINDSOR. h Pump Station Pump Station 2 rffir" I BRIG /t 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 Stormwnter Discharge Permit • Stormwater management plan; BMPs • Detention nt Pump Station sites • Disturbed areas will be restored to pre - construction grades and vegetation 40 Approval Standards More information? • Questions? Approval Requirements Have Been t /Consistent h Comprehensive Plan /Approval Standards have been met /Significant adverse effects have been avoided or mitigated V'Assessments, impacts and mitigation are addressed in the Application ounty Requests • Proposed alignment does not include any areas parallel to and in ROW • Thornton has acquired 58% of the necessary easements • Entirety of Project in unincorporated Weld County is included in the Supplemental Permit Application Thornton respectfully requests a recommendation of approva i lConsistent xivith the Comprehensive Plan lApproval Standards have been met lCounty requests have been met Thank you for your consideration Thank Your sfigo Tr WATER PROJECT Thornton's current proposal *All drawings and numbers are estimates based on best available in ormatian Item Red Area: Thornton Pipeline Location and Easement Length of Pipeline: Number of pipeline bends: Schneider 3.11 Acres 2,870 ft 4 Simmons 1.25 Acres 1r625 ft Total 4.36 Acres 41495 ft 4 8 Route Next to Sinclair Pipeline *Ali drawings ngs and numbers are estimates based on best available information Zeiler Farms, Inc. 5901 Sacajawea Way Loveland, Colorado 80537-9339 June, 18, 2020 To the Weld County Planning Committee and Board of County Commissioners: 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, Section", 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 their eminent domain tactics and perhaps even the cities/county/landowners would benefit from the TWP 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: "7vr lcr prc/c'nv (in alignment either. t.`t' a'T}plt'.lelj' along the ilYno pi'uJ)c!r'() line. or completely ulcniv.,D 1120 c'(1SF pr'opnnr'ry I/nc' 'Ilk' cast pr'oper'ty (Inc t'c't+ rrtt c'x a q ai'1(1 (eagle (Jill and r'cej(i/n the alignment t`I/2..nni//e iota!) and Is not CE'Etrielble in Thorn/cm. T/'; :' 1YCS't t I(g11rmini } ('cgrritCL3 trig r�� r r optic Grew' We'.s (crr'n } trr,tr r`wd, ihty 34, cwd all stoat ale/ 4 anti ucithitonal ilenvh t0 trut' dieScr cross ig +1401/c, In addition, the NE einvCi' trr ' /VCR 13 and MIT 34 is (4 1rd onv, that ri/I rectal in increa\rd tO) a:c 1;'uc : t ion ct 11s t rigid potential i≥etwitithig is 'r a `, " Zeiler Farms, Inc. totally disagrees with this assessment; In the past, Weld County used this corner as a road maintenance gavel storage facility and recently an oil & gas company was granted permission for tunneling in this area. Tunneling under this corner will not be an impedhnent. The City of Thornton will benefit economically and in population growth once this water pipeline is fiu.nctional. 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 will recover once the TWP is operational. If taking our very, valuable development land is necessary, the City should take the least 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 Wein teister, Treasurer Jill Triantaphyllis, Secretary The Board of Directors for Zeiler Farms, Inc. EXHIBIT i 21 05R18=o 430 TO THE WELD COUNTY PLANNING COMMISSION & BOARD OF COMMISSIONERS Our proposal: a) causes no condemnation of property and b} does not violate Anadarko proposed pads. c) provides a distinct savings in piping: From the start of the pipeline entering out property (northwest side) till it meets the City's pipeline proposed point just south of the housing development above the Farmer's Ditch, is the approximate 5,878 feet verses their proposed route of approximately 7,172 feet. Our rebuttal: 1: The City of Thornton has not analyzed the alternative route south we proposed which would be about a $600K saving to the city just in water line pipe material costs. It would not cause the condemnation of any structures on the 160 acres south of US 34 as they initially stated it would. 2: All costs presented by the City of Thornton engineers allocating cost of crossing the Greeley / Loveland Canal, US 34 and the Great Western RR to Zeiler Farms, Inc. (Zil) are allocated inappropriately to ZFI justify their proposed crossing site. Their spreadsheet numbers presented are inconsistent within their matrix for comparison. 3: We demand that the City of Thornton's water pipeline, be precisely adjacent to the G&O easement, completely though our property. We just granted the G&O Co. access in December 2019. We do not want it effecting our City of Windsor, annexation parcel adjacent, north of and parallel to the Greeley/Loveland Canal. = 4 O GP 8,000 D,000 Ci Cl n O tel416 $240,000 $30055/500 64 0 N 0 O C> O MIMMO O in nik gi Mst 3,' DPI re CZ `? C In en EM C O 0 in 93 0 On rL i O O E1 / 6e 7 4 (V`.7 Imo iaki czo gti 41. -44 rid' tt r) cg ', Great Western Railroad Tunnel Shafts 1 5 ia En cg La cksr:5 74 O con {4 It 5 4 T cti I48 0 PA eke Yi O 4,h: „,cc 6 ...______ . . = = _ 4-k CA pm cLisviza.)—rit itt 2 n;Li pane) is Tle 1: Great Western Railroad m 5° Ir''. i g 0 ti1i 0. ,-, ri, ti i.,. _ t (.4.) H cden E E—( ce) H H oil g O O 7,74 An vim IV 04 +.4 �+' 0 5 O ct ,�!en 0 i-ri". CIS 2 E C "!r • PEI 4-+ t 5 ct i C, El 03 0 44 C E a tu rimer and I High eh; r—( ratto sled tct 1 g .S O (3/4.1/21 r�i 2 s_ic's O V rt:i E g er-1 a ` � � = 2 t4 C ta) 6et 4si }I dad) qpiZ t,1 0 t CO rd A cps) 'It I i 5 II r p I i e • ' I 10,044PiEri, WE'D CGLJ*Ir? _.i.niliPAHrle lit/ V- , Vllg�' ,o 11�t s. '?) I a a 4_ i affivismaiSINtatt l 4v41II A htL& I MalitIt I It ll40A1) Ali ' n o NIKr,OWK p $ t • .1•01 a4 M Aar' a- EARSDING ROOD 1l, "-a 16-S6-1d43tt-+Cr nosTi ac ovrilitEkb revienmg PROPOSED alts' ttikkrn 4-1 Rti7 'W UL pm, Xi' ul'af E I(JE +Cit I famitii MO CMG DATE: 11011 $115 OWNER: rANADAFl (PARCH i.U). 047 f ONIP4 E AGaIaw Petals O'F THE NW SEcaIOti «T5N, PRO-t5E02:9 WIDE rrawpwv w0Iukiaa c! .461/4, Sty' WIDE P EI MANEN! EASEMENT I RL A�7 rt,G�:En h1 Nr .. iihifit Ear P mitt DATE: NIA - P aouseor 44 BM WELL PAP P ROPOSED 3 2$! UP GA5 PIPELINE 31:1 w1CIE PolglItIE FAWN' N' ENT PItailItatit MC Ricer% 1 3/1€ 'MEV h: WE LOCC IMP( (PARCEL D. & 5I1D3► SI 20. :Ac PART Orr N1J2 Il WL(P 1.6-aL6r 1 a_ _- P' CW4INT 4-11i7 cut aittANEI7 ANADARKO L U ONSHORE tic % Rai 4 I) CIFY5t1 HHMM .I )514 ZONING: f A FAR,TOFTHIN SECTION &�8, 75140 *17W .8-6 PlicycritiThir X Mir ADLWTIONA L TEPIPORa Y WIDILISFACE 1 a,. - PEl6'�• &'r1lti, B'I 'OS=D S (LP11 ,� YtJftl • wo, 54 LF IH tTYPAP 6 O' • OWNER. 1.,NADITICO C&P O 15U 1011 t L LC W IlING:4G-A PART OF THE NW1!4 SE C1-1014 18, T-5, 7167W Question becomes why not a proposed route, the above red line pipeline route? 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'as i4 racy AwID0 #� " a 1 icunciinniJav pc', Ou u. tiW � PIEM t__......---._..... f Er I, Weld caMMy Rifling 'A` Mgrkulhu•al a (fc gnu va NIM{ MMUSA YN14A VDT Anviptean unwind Il680N IM JO NM[OL OHM In Mellti all 11f toi knovia 1�1[ LN arts 'MAC OIEAtf['Mlf nia* 4Q Peel Diana Aungst From: Sent: To: Cc: Subject: Importance: Michelle Wall Tuesday, July 21, 2020 3:31 PM Bob Choate; Bruce Johnson; Dwaine Barclay; Elijah Hatch; Gene Stille; Kristine Ranslem; Lonnie Ford; Michael Wailes; Michael Wailes; Richard Beck; Skip Holland; Tom Cope; Torn Parko Jr. Diana Aungst PUBLIC COMMENT USR18-0130 FW: PC Hearing High Original Message From: Missouricowboy 448872 cmissouricowboy44@gmail.com> Sent: Tuesday, July 21, 2020 1:02 PM To: PCTechs <PCTechs@co.weld.co.us> Subject: PC Hearings 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. This is regarding usrl 8-0130 city of Thornton. The city gave us an Intent to take our property for a permanent and temporary eAsement. They made a very low offer for the value of the land and said if we didn't take it they would start condemnation hearings. We asked if the value was based on an appraisal and they said no. So we had to hire an appraiser to get a more accurate value of the land they wish to condemn. The appraisal is most certainly coming in over the 5000$ value so per Colorado law they should be paying for appraisal. They have repeatedly refused to do so saying they do not have to. My questions: why is Thornton allowed to make up a value and then move to condemnation without a appraisal? Why are weld county residents allowed to be threatened with condemnation of our land without fair value being given based on an appraisal? Why is Thornton allowed to cost weld county residents significant out of pocket costs by forcing us to hire an appraisal and attorney to verify the value of land they wish to take and then refusing to pay for those out of pocket expenses? Philip Benedict 38568 county road 13 970-482-0150 Sent from my 'Phone t 3 S EXHIBIT 22 1 Diana Aungst From: Kristine Ranslem Sent Tuesday, July 21, 2020 5:19 PM To: Diana Aungst Subject: FW: This was the 3rd item that Bob read into the record during the public portion of the meeting From: Jill Triantaphyllis jtriantaphy'llis@yahoo.com> Sent: Tuesday, July 21, 2020 4:08 PM To: Kristine Ranslem ckranslem@weldgov.com> Cc: Richard Zeiler <ready42day@hotmail.com>; KATHLEEN WEINMEISTER <KATHY 0712@msn.com>; amber sample cambersample@gmail.com> Subject: RE: 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. Hi Kris. I want to send this comment in addition to what my Aunt Kathy— Kathy Weinmeister said. Zeiler Farms has been negotiating with TWP people for several months. During this continued negotiation, they sent us a final notice before they file eminent domain. We do not think this is good faith negotiation. As we have been talking to them and they have not yet decided to move the line. So we'd like you to know that we think they will execute eminent domain in 6 days according to the final notice we received while we are currently working with them to place the pipeline to save the most amount of our land and save them money. Thank you. Jill Zeiler Triantaphyllis Sent from Mail for Windows 10 From: Kristine Ranslem Sent: Tuesday, July 21, 2020 3:09 PM To: Jill Triantaphyllis; PCTechs Subject: RE: EXHIBIT 23 There should be some documents to the right of the screen if you are not viewing the full and the power point presentations that you can follow along with. screen. There is the agenda From: Jill Triantaphyllis <jtrianta phyllis@yahoo.com> Sent: Tuesday, July 21, 2020 2:09 PM 1 To: PCTechs <PCTechs@co.weld.co.us> Subject: 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. Viewing online and cannot see the visual being shown. Could someone move the camera so we can see what they are referring to. Thank you. Sent from Mail for Windows 10 2 Diana Aungst From: Sent: To: Cc: Subject: Attachments: Importance: Michelle Wall Tuesday, July 21, 2020 3:31 PM Bob Choate; Bruce Johnson; Dwaine Barclay; Elijah Hatch; Gene Stille; Kristine Ranslem; Lonnie Ford; Michael Wailes; Michael Wailes; Richard Beck; Skip Holland; Tom Cope; Torn Parko Jr. Diana Aungst PUBLIC COMMENT UR18-0130 FW: Larimer and Weld Irrigation Company comments for Planning Commission on USR 18-0130 Weld County Planning re Thornton 20061 .pdf High From: Brad Grasmick <Brad@Ijcglaw.com> Sent: Tuesday, July 21, 2020 2:50 PM To: PCTechs cPCTechs@co.we_Id.co.us> Subject: Larimer and Weld Irrigation Company comments for Planning Commission on USR 18-0130 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. Members of the Weld County Planning Commission: on behalf of the Larimer and Weld Irrigation Company, we submitted comments on this USR via letter dated June 19. A copy of that letter is attached hereto and incorporated into these comments. Thornton will be crossing the Larimer and Weld Canal near County Road 13 and County Road 80. The Larimer and Weld Canal provides irrigation water for over 60,000 acres of land. The majority of those irrigated farms are located in Weld County. +'e reiterate our concerns as detailed in the attached letter associated with Thornton's crossing of the Larimer a n d Weld Canal; specifically, those related to the potential impacts which can result from an open cut of the Canal. Representatives for the City of Thornton has met with representatives for the Larimer and Weld Irrigation Company to discuss the Company's concerns. Certain specifications for the proposed crossing was provided by the Company's engineer. In addition, a proposed crossing agreement was provided to Thornton for theircomment and review earlier today. We are hopeful that an agreement can be reached with Thornton regarding the crossing of the Larimer and Weld Canal and look forward to continuing to work with them on a crossing agreement. We respectfully request that any approval of this USR include a condition requiring Thornton obtain a crossing agreement with the Larimer and Weld Irrigation Company to cross, the Larimer and Weld Canal with its 48 inch water line and fiber optic line. Thank you, Bradley C. Grasmick, Esq. Lawrence Jones Custer Grasmick, LLP 5245 Ronald Reagan Blvd, Suite 1 to so S EXHIBIT 24 1 Johnstown, Colorado 80534 Phone: (970) 622-8181 Fax: (970) 660-4612 Website: www.ljcglaw.com Email: brad@IjcgIaw.com 2 L4RENCE JONES OUSTER GRASMICK LLP ATTORNEYS AT LAW 5245 RONALD REAGAN BLVD., SUITE 1 JOHNSTOWN, COLORADO 80534 TELEP HONE: 970-622-8181 LJCG WWW.LJCGLAW.COM brad lj eglaw.com P. Andrew Jones Bradley C. Grasmick • David Jones • Ryan Donovan Wes Knoll Alyson K. Scott • Sheena M. Moran (Of Counsel) June 19, 2020 Weld County Department of Planning Services 1555 N 17th Ave, Greeley CO 80631 Attn: Diana Aungst Via email: daungst@weldgov.com RE: City of Thornton; USR 18-13 0 Dear Diana and the Weld County Department of Planning: Larimer and Weld Irrigation Company ("LWIC") has significant concerns with regard to the USR submitted on behalf of the City of Thornton for their water conveyance pipeline. Specifically, LWIC is concerned with the impacts on the Larimer and Weld Canal at the location where the City of Thornton proposes to cross the Larimer and Weld Canal near County Road 13 and County Road 80. LWIC requests that the Department of Planning only approve the aforementioned USR once the City of Thornton enters into a crossing agreement with LWIC. The basis for LWIC's concerns are summarized below: •� LWIC owns and operates the Larimer and Weld Canal (aka the Eaton Ditch). The majority of the Canal is located within Weld County. • LWIC provides water for over 60,000 acres of irrigated lands in Larimer and Weld counties. The majority of those irrigated acres are located in Weld County and span an area from the Larimer-Weld County line north and east of the Town of Timnath to near the Town of Galeton. • Thornton proposes to cross the Larimer and Weld Canal with its 48 inch pipeline by "open cutting" the Canal. This is a large pipeline and open cutting a Canal the size of the Larimer and Weld Canal poses significant risks to the stability and integrity of the Canal. The timing and specifications of a crossing like this must be done in coordination with LWIC in order to eliminate the risk of water delivery impacts during construction, minimize the risks of catastrophic failure of the Canal after construction and to insure that Thornton will bear all responsibility for damages due to its activities. • Weld County is a "right to farm" County. If water deliveries from the Larimer and Weld Canal are interrupted for any significant amount of time, the damage to the farmers who rely on that water would be catastrophic. The direct flow priorities owned by the LWIC are generally in priority for a few weeks in May and June and the inability to deliver during that time may deprive some shareholders of all water delivery for the season. In addition, the LWIC carries Reservoir water for shareholders of WRCC, Inc. and the Larimer and Weld Reservoir Company as well as LWIC shareholders who rent water for use later in the season. That late season water is crucial for finishing crops planted earlier in the year and disruption of delivery of reservoir water can mean greatly diminished yields orentire crop failures. The economic impact on the farmers under the Larimer and Weld Canal and Weld County as a whole would be enormous. The City of Thornton has contacted LWIC and we have met with their engineering consultants onsite to discuss these concerns. LWIC intends to present Thornton with a crossing agreement to address its concerns and is hopeful that we can reach agreement with Thornton on terms for crossing the Larimer and Weld Canal. We respectfully request that any approval of this USR be on the condition that the City of Thornton enters into a crossing agreement acceptable to LWIC for the 48 inch water pipeline crossing on the Larimer and Weld Canal We appreciate your consideration of these comments. Sincerely, LAWRENCE JONES CUSTER GRASMICK LLP Bradley C. Grasmick Cc: Kim Nelson, LWIC Nanda Devi I KIRBY DEI BERTARTHUR ;iir RF HOLDINGS LLC RF HOLDINGS LLC 0LSON BROS LP + 0LSON EROS LP Weld County Road 42 SULLIVAN JAMES J SULLIVAN JAMES J NANDA DEVI LLC alMaiann- 0I SON BROS, I P RFICHFRT FDWARf KITTY WILSON ARENA LLC KITTY WILSON ARENA LLC KITTY WILSON ARENA LLC Hello