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Home My WebLink About20190036.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant David E. Keiser & Harry Case Number PUDZ18-0002 Strohauer Submitted or Prepared Prior to Hearing At Hearing PC Exhibits 1 Draft Ditch Agreements and correspondence with Union Ditch Company submitted 10/18/2018 X I hereby certify that the 1 item identified herein was submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Chris Gathman — Planner <> 11/25/18 10:37AM Print Cancel From: 'To: Cc: Received -On: Subject: More... "Donna Coble" cditchofflce©gwestofflce.net> "'Dave" <drkeisi9s9a @aoi lco m > <sher1 lackma nOwhat-wi re Icarn > 11/21/18 10:27 AM RE: Union Estates Agreement Thanks, Dave, I will get your comments to the Board. Donna Donna Coble 970-353-6121 (phone) 970-353-9703 (fax) From: Dave [ma&lto:drlke&s1959a@aol.com] Sent: Wednesday, November 21, 2018 g:49 AM To: dItchotrice@qwestortice.net. Cc: sherilockrnan@what-wire.com a©what-wlre.com Subject: Re: Union Estates Agreement To the Union Ditch Company: Union Estates does not believe your requests are fair and in the best interest of everyone involved. Asking for an agreement that will eventually effect eight property owners that are between 300ft and over 800ft away seems very excessive. As stated before, we are willing to protect your right to use your easement by adding an extra space of up to 60' from the edge of the ditch in which you will not be held responsible for any damages that may occur from ditch maintenance. The vegetation/ground cover will be determined by the Weld County Zoning and Planning and Union Estates. We personally agree with your thoughts on seeding and irrigation but since we will have to comply with the request of Weld County Zoning we don't believe we can enter into a binding agreement with the Union Ditch Co. on this issue. If the Union Ditch can explain the reasons you are asking for these requests we would like to hear them and continue with the process. You also have the option of making a request or discussing any issues at the hearing. Thank You, David E Keiser DEA Union Estates In a message dated 10/10/2018 1:19;33 PM US Mountain Standard Time, ditchoffice gwestoffice.net writes: Dave and Sheri — Union Ditch Company received a referral notice from Weld County regarding the Union Estates development Please see the e-mail and attached agreement sent on September 8; we have not received a response. Would you please let me know the status of the agreement. Thanks! EXHIBITis I LID I' q' akia Donna AGREEMENT THIS AGREEMENT, is made and entered into by and between DAVID E. KEISER and HARRY STROHAUER, R, hereinafter called "Landowners," and THE UNION DITCH COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, hereinafter called "Ditch Company," WITNESSETH: WHEREAS, Landowners are the owners of property described as Lot B of Recorded Exemption RE -3703, being a part of the Northeast Quarter (NEI/4) of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 6th P.M., Weld County, Colorado; and WHEREAS, Ditch Company owns the legal right to operate and maintain its irrigation canal or ditch in, through, and upon a part of the Northeast Quarter (NE 1 /4) of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 6th P.M., Weld County, Colorado, which irrigation canal or ditch of the Ditch Company has been in existence in its present location, together with various enlargements, for many years, with first construction in 1874; and, WHEREAS, Landowners and Ditch Company have agreed to the following terms concerning liability issues that may arise due to Landowners' improvements on their property described herein; and, WHEREAS, the parties desire to evidence in writing the terms of this agreement; NOW, THEREFORE, in consideration of the premises, the mutual promises, covenants, and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Landowners, their successors, assigns, and invitees agree to not hold the Ditch Company or its insurer liable for any damages caused for seepage damage to foundations, basements, yards, buildings, and/or personal property that will be placed upon said Lot B of Recorded Exemption RE -3703, being a part of the Northeast Quarter (NE 1/4) of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 6th P. M, , Weld County, Colorado, and they further acknowledge the existence of the Ditch Company's irrigation canal or ditch preceded the existence of any improvements put in the immediate area of its irrigation canal or ditch. 2. The Landowners shall erect and maintain a fence along the west perimeter of the subdivision that does not interfere with the operation and/or maintenance of the Union Ditch. The Landowners, their successors and assigns, shall make no claim against Ditch Company for any damage to said fence or any other property located on Lot B of Recorded Exemption RE - 3703, being a part of the Northeast Quarter (NE114) of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 6th P.M., Weld County, Colorado, due to the Ditch Company maintaining its ditch and right of way by burning, spraying, repairing, or any other type of maintenance because they acknowledge the existence of the Ditch Company's irrigation canal or ditch preceded the existence of any improvements put in the immediate area of its irrigation canal or ditch. 3. Grass should be seeded to keep the ground from blowing during construction. Seeding should be done while water is available from the sprinkler on the property. 4. The Landowners, their successors, assigns, and their invitees shall make no claim against Ditch Company for any injuries or damages that may be caused in or along the ditch and the ditch easement located in part of the Northeast Quarter (NE1/4) of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 6u1 E. M . , Weld County, Colorado, because they acknowledge the existence of the Ditch Company's irrigation canal or ditch preceded the existence of the subdivision. THIS AGREEMENT shall be binding upon and inure to the benefit of these parties, their successors, assigns, heirs, executors, administrators, and representatives. IN WITNESS WHEREOF, the parties have subscribed their hands and seals this day of , 20 David E. Keiser Harry Strohauer Landowners THE UNION DITCH COMPANY ATTEST: Secretary President Ditch Company 2 Donna Coble 970-353-6121 (phone) 970-353-9703 (fax) From: Donna Coble [mailto: dlteheffice@gwestoffice.net] Sent: Saturday, September 08, 2018 2:25 PM To: 'Dave' Cc: 'sheriiockman@what-wlre,corn' Subject: RE: Union Estates Agreement David, the Board discussed your e -,wail at its recent meeting. The Board voted to leave paragraph 2 without changes, and also added paragraph 3, which was included In the Company's letter to the County. Donna Donna Coble 970-353-6121 (phone) 970-353-9703 (fax) From: Dave tmailto:drkels1959a@aol,comj Sent: Friday, August 10, 2018 10:16 AM To: ditehof ice@gwestofee,net Cc: sherilockman©what-wirercom Subject: Union Estates Agreement To The Union Ditch Company, i i Thank you for taking the time to prepare an agreement. Looking over it I see no problem with Item 1 or 3 as they are written, As we have stated before, no basements will be allowed and the chance of seepage above ground would be highly unlikely and this should g i ve you more than adequate protection from any water related issues. Item 2 has a good concept but is much to broad as it relates to the distance Union Ditch Co. should be exempt from all damages. As it reads, I believe it would include damages of any kind, for any reason to all the property of Union Estates LUC, This would be a continuing agreement and even if the ditch were sold or modified for another use we would have no recourse for our properties damages, even if gross negligence were to occur, I also doubt this is agreement Is consistence with any other property owners along the ditches path, We would agree that the successors and assigns would make no claw,, against the Union Ditch Co, for any fence, structures or property within 60 ft, of the present ditch or within 15 ft, east of the west property line of lot 1, whichever is greater. At the present time there are two concrete irrigation ditches in this space and we believe under any reasonable circumstances this distance should be more than adequate for burning and maintenance of the ditch. Thank you for working with us and please let us know if this change will be acceptable, David E Keiser DBA Union Estates L.L.C. 970-396-591 t_c a <> 08/11/18 10:00AM Print Ira.. a Cancel From: Dave <drkeis1959a@aol.com> To: ditchoffice gwcstofice.net Cc: sherilockman@what-uwire.ccm Received -On: Yesterday 10:15 AM Subject: Union Estates Agreement More... To The Union Ditch Company, Thank you for taking the time to prepare an agreement. Looking over it I see no problem with Item 1 or 3 as they are written. As we have stated before, no basements will be allowed and the chance of seepage above ground would be highly unlikely and this should give you more than adequate protection from any water related issues. Item 2. has a good concept but is much to broad as it relates to the distance Union Ditch Co. should be exempt from all damages. As it reads, I believe it would include damages of any kind, for any reason to all the property of Union Estates L.L.C.. This would be a continuing agreement and even if the ditch were sold or modified for another use we would have no recourse for our properties damages, even if gross negligence were to occur. I also doubt this is agreement is consistence with any other property owners along the ditches path. We would agree that the successors and assigns would make no claim against the Union Ditch Co. for any fence, structures or property within 60 ft of the present ditch or within 15 ft. east of the west property line of lot 1, whichever is greater. At the present time there are two concrete irrigation ditches in this space and we believe under any reasonable circumstances this distance should be more than adequate for burning and maintenance of the ditch. Thank you for working with us and please let us know if this change will be acceptable. David E Keiser DBA Union Estates L.L.C. 970-396-5917 fJrkeis1 9a@aol.eoii r)/Lfil I 7 AGREEMENT THIS AGREEMENT, is made and entered into by and between DAVID E. KEISER and HARRY STROHAUER, hereinafter called "Landowners,11 and THE UNION DITCH COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of Colorado, hereinafter called "Ditch Corn pany," WITNESSETHI WHEREAS, Landowners are the owners of property described as Lot B of Recorded Exemption RE -3703, being a part of the Northeast Quarter (NE114) of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 61 P.M., Weld County, Colorado; and WHEREAS, Ditch Company owns the legal right to operate and maintain its irrigation canal or ditch in, through, and upon a part of the Northeast Quarter (NEI/4) of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 6th RM., Weld County, Colorado, which irrigation canal or ditch of the Ditch Company has been in existence in its present location, together with various enlargements, for many years, with first construction in 1874; and a WHEREAS, Landowners and Ditch Company have agreed to the following terms concerning liability issues that may arise due to Landowners' improvements on their property described herein; and, WHEREAS, the parties desire to evidence in writing the terms of this agreement; NOW, THEREFORE, in consideration of the premises, the mutual promises, covenants, and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Landowners, their successors, assigns, and invitees agree to not hold the Ditch Company or its insurer liable for any damages caused for seepage damage to foundations, basements, yards, buildings, and/or personal property that will be placed upon said Lot B of Recorded Exemption RE -3703, being a part of the Northeast Quarter (NE1/41 of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 6th P.M., Weld County, Colorado, and they further acknowledge the existence of the Ditch Company's irrigation canal or ditch preceded the existence of any improvements put in the immediate area of its irrigation canal or ditch. 2. The Landowners shall erect and maintain a fence along the west perimeter of the subdivision that does not interfere with the operation and/or maintenance of the Union Ditch. The Landowners, their successors and assigns, shall make no claim against Ditch Company for any damage to said fence or any other property located on Lot B of Recorded Exemption RE - 3703, being a part of the Northeast Quarter (NEI/4) of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 6th PM., Weld County, Colorado, due to the Ditch Company maintaining its ditch and right of way by burning, spraying, repairing, or any other type of maintenance because they acknowledge the existence of the Ditch Company's irrigation canal or ditch preceded the existence of any improvements put in the immediate area of its irrigation canal or ditch. 3. The Landowners, their successors, assigns, and their invitees shall make no claim against Ditch Company for any injuries or damages that may be caused in or along the ditch and the ditch easement located in part of the Northeast Quarter (NE114) of Section Five (5), Township Four (4) North, Range Sixty-five (65) West of the 6th E.M., Weld County, Colorado, because they acknowledge the existence of the Ditch Company's irrigation canal or ditch preceded the existence of the subdivision. THIS AGREEMENT shall be binding upon and inure to the benefit of these parties, their successors, assigns, heirs, executors, administrators, and representatives. IN WITNESS WHEREOF, the parties have subscribed their hands and seals this day of , M 2O - David E. Keiser Harry Strohauer ATTEST, Secretary Landowners THE UNION DITCH COMPANY President Ditch Company 2 <> 07/05/18 4:20PM Print Cancel From: To: Received -On: Subject More,.„ "Donna Coble" cdltchofflce@gwesteffioe.net> csherilockman @what -w i re.com > Today 3:37 PM RE: Ditch Agreement Sheri, I've forwarded a draft agreement from our attorney to the president for his review. Hopefully, I'll hear from him soon regarding any changes to be made, Donna Donna Coble 970-353-6121 (phone) 970-353-9703 (fax) From: sherilockmaru@what-wire,carn [maiitc:sherilockman®what-wire,com] Sent: Friday, June 22, 2018 12:45 PM To: Donna Coble Subject: RE: Ditch Agreement Donna, Please let us know as soon as possible. We have waited for a response since November and can not afford to wait much longer. Thanks, Sheri --_ ditchoffice@qwestoffice.net wrote: From: "Donna Cable" cd itchoffice@gwestofFice. net> To: csherilockman@what-wire.com> Cc: cdrkeisl959a@aol.com>, <harry@s-trohauerfarms.m> Subject: RE: Ditch Agreement Date: Thu, 21 Jun 2016 15:25:07 -0600 Sheri, there is to be an agreement. Itil have to check the status. Donna Donna Coble 970-353-6121 (phone) 970-353-9703 (fax) From: sheriiockman@vvhat-wire.com [mailto: sherilockma n @what-wlre.com] Sent: Thursday, June 14, 2018 10:55 AM To: ditchoffic.e@gwestofnce.net Cc: drkeis1959a@aol.com; harry@strohauerfarms.com Subject: Ditch Agreement Good morning, In November 2017 your office was sent the attached letter regarding the nine lot subdivision being developed by Dave Keiser and Harry Strohauer, We have not received a reply and are intending to submit the Change of Zone application very soon. We are still willing to enter into an agreement with the Union Ditch Company but can not delay the application any longer. Please let us know if you still are interested in an agreement. Sincerely, Sheri Lockman Lockman Land Consulting, LLC 36509 CR 41 Eaton, CO 80615 970-381 M526 Hello