HomeMy WebLinkAbout20161478.tiff INVENTORY OF ITEMS FOR CONSIDERATION
Applicant Hans Wimmer Case Number USR16-0007
Submitted or Prepared
Prior to At
Hearing Hearing
1 Seepage Report X
I hereby certify that the one item identified herein was submitted to the Department of Planning Services
at or prior to the scheduled Planning Commissioners hearing.
D Aungs P Planner r
SEEPAGE EASEMENT AGREEMENT
THIS SEEPAGE EASEMENT AGREEMENT (the "Agreement") is made and entered
into this day of , 201 , by and between
("Grantor"), the owner of real property legally described as , and the
The Farmers Reservoir and Irrigation Company, whose address is 80 South 27th Avenue,
Brighton, Colorado ("FRICO").
WITNESSETH:
GRANTOR HEREBY ACKNOWLEDGES the historical presence and operation of
FRICO's canal, commonly referred to as the (the "Canal"), through and across
or adjacent to Grantor's land, more particularly described in Exhibit A attached and
incorporated by this reference (the "Property"). Grantor further acknowledges that the Canal
is an earthen canal, that the operation of the Canal results in subsurface seepage of water from
the Canal to the surrounding land, and that the Canal's historical operation may have resulted in
prescriptive rights for such seepage affecting the Property.
FOR AND IN CONSIDERATION of the sum of ten dollars ($10.00) and other good and
valuable consideration, receipt of which is hereby acknowledged, and in consideration of the
mutual covenants contained herein, Grantor hereby grants, bargains and sells to FRICO, its
successors and assigns, a seepage easement across Grantor's Property, for the purpose of
continuing the historical seepage appurtenant to the Canal.
IT IS FURTHER MUTUALLY COVENANTED AND AGREED by and between
Grantor and FRICO as follows:
1. Grantor retains the right to the undisturbed use and occupancy of the Property
more particularly described in Exhibit A, insofar as such use and occupancy is consistent with
and does not impair any grant or agreement contained in this Agreement. However, Grantor
specifically grants FRICO an casement to seep water from the Canal on, over and through the
Property, and Grantor specifically waives, releases and disclaims any right to claim damage
caused by the seepage of water arising from FRICO's ownership, operation and maintenance of
the Canal. Grantor agrees to hold FRICO harmless from any damage to Grantor's Property or
the improvements constructed on the Property or from the loss of use of such Property or
improvements caused by such seepage from the Canal.
2. FRICO agrees that following any construction, maintenance, or other activity by
it or its agent that involves disturbance of the surface of the ground, FRICO shall restore the
surface and its landscaping substantially to the grade and condition it was in immediately prior to
the disturbance.
3. Grantor warrants that it has full right, title and lawful authority to grant the
easement herein, and to make and enforce the promises in this Agreement, subject to existing
easements, restrictions, and rights-of-way of record.
EXHIBIT
1_ E' L. ,�._
u >IC 16
4. Grantor will not excavate or construct any facility, active or passive,to capture or
convey groundwater(including but not limited to subsurface drainage systems, pumps, and
passive drainage systems), or which would tend to increase the rate of seepage from the Canal
(collectively, "Groundwater Capture Facilities"), without FRICO's prior approval. FRICO's
approval may be withheld in FRICO's sole discretion, and may be conditioned upon Grantor
providing protective measures (including but not limited to construction of improvements to
prevent seepage from the Canal) at Grantor's expense.
5. The word "Grantor" as used herein, whenever the context requires or permits,
shall include the heirs,personal representatives, beneficiaries, successors, grantees, and assigns
of each of the owners of the land through which the easement runs or the respective owners from
time to time of portions thereof. The burdens and benefits of this Agreement shall be deemed
covenants running with said easement and said land.
6. The terms and provisions of this Agreement, except as qualified above, shall be
binding upon and shall inure to the benefit of the respective heirs,personal representatives,
beneficiaries, successors, grantees and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed the within Agreement as of the day
and year first above written.
GRANTOR:
a corporation
By:
Its:
STATE OF )
) ss.
COUNTY OF )
2
The foregoing instrument was acknowledged before me this day of
, 2013, by as _ of
, a_ corporation.
Witness my hand and notarial seal.
[SEAL] Notary Public
My commission expires
THE FARMERS RESERVOIR AND
IRRIGATION COMPANY
By: Scott Edgar, General Manager
ATTEST:
Mary Hanssen, Corporate Secretary
STATE OF COLORADO )
) ss.
COUNTY OF ADAMS )
The foregoing instrument was acknowledged before me this day of
, 2013, by Scott Edgar as General Manager and Mary IIanssen as
Secretary of The Fanners Reservoir and Irrigation Company.
Witness my hand and notarial seal.
[SEAL] Notary Public
3
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From: Eve Craven <Eve@farmersres.com>
To: "sherilockman@what-wire.com" <sherilockman@what-wire.com>
Subject: RE: Project Application USR16-0007
Date: Fri 04/15/16 12:00 PM
Sheri,
I have attached a draft copy of the seepage agreement for your reference.
Could you send me a drawing of the 6' chain link fencing that you made comments on in your original email? We
would like to verify where it will be.
Thanks,
Eve
Eve Craven
Projects Coordinator
Farmers Reservoir and Irrigation Company
80 South 27th Avenue
Brighton, CO 80601
303-659-7373 ext. 312
Eve@farmersres.com
From: sherilockman@what-wire.com [mailto:sherilockman@what-wire.com]
Sent: Thursday, April 14, 2016 9:40 PM
To: Eve Craven <Eve@farmersres.com>
Subject: RE: Project Application USR16-0007
Eve,
Can you please send me a sample of a seepage agreement that I can show the property owner.
Thank you,
Sheri Lockman
36509 CR 41
Eaton, CO 80615
— EveLalfarmersres.com wrote:
From: Eve Craven <EveC&farmersres.com>
To: "sherilockman@what-wire.com" <sherilockman@what-wire.com>
Subject: RE: Project Application USR16-0007
Date: Thu, 14 Apr 2016 23:02:34 +0000
Sheri,
Thank you for sending over the revised plans. We would still like to get a seepage agreement on the property.
Thanks,
Eve
Eve Craven
Projects Coordinator
Farmers Reservoir and Irrigation Company
80 South 27th Avenue
Brighton, CO 80601
303-659-7373 ext. 312
Eve(alfa rmersres.corn
From: sherilockman(Mwhat-wire.com Imailto:sherilockman @what-wire.com]
Sent: Wednesday,April 13, 2016 4:22 PM
To: Eve Craven <Eve @ farmersres.corn>
Subject: RE: Project Application USR16-0007
Eve,
I have attached the updated pages 5 and 8. These pages have also been forwarded to the Weld County Planning
Office. Please let me know what other concerns you have regarding the project so that we can attempt to address
them.
Thank you,
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton, CO 80615
970-381-0526
— Eve(afarmersres.com wrote:
From: Eve Craven <Eveefarmersres.com>
To: "sherilockman(alwhat-wire.com" <sherilockman@what-wire.com>
CC: "dauigst®co.weld.co.us" <daungst a co.weld.co.us>
Subject: RE: Project Application USR16-0007
Date: Tue, 12 Apr 2016 21:16:32 +0000
Sheri,
Looking at the site plan, it does show the ditch with a 65' ROW, however, on page 8 of 8 (attached) it shows
evergreen trees along the west side of the ditch, crossing over, and ending on the east side of the ditch. The
existing fence is shown on the east side of the ditch as well. On page 5 of 8, it shows the silt fence within FRICO's
ROW and blocking access to the ditch on the northwest side of the ditch.
FRICO still has several concerns regarding your proposed project located at Section 28, Township 2 North, Range
67 West, in Weld County (WCR 16 and WCR 17).
Please feel free to contact me if you have any further questions.
Thanks
Eve
Eve Craven
Projects Coordinator
Farmers Reservoir and Irrigation Company
80 South 27th Avenue
Brighton, CO 80601
303-659-7373 ext. 312
Eve@farmersres.com
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From: "" <sherilockman@what-wire.com>
To: "Eve Craven" <Eve@farmersres.com>
Subject: Re: Project Application
Date: Wed 04/06/16 10:43 AM
Eve,
Thank you for the information. After reviewing the paperwork I am asking that you reconsider your
request for a Project Review Application. The project has no impact on the ditch. The ditch access
will not be altered. We are not proposing any boring or crossing of the ditch. There will be no
structures in the ditch right-of-way. There is no proposed drainage to the ditch. The storage facility
will be fenced with 6 foot chain link to ensure clients will not have pedestrian or vehicle access to
the ditch.
Your referral response indicated that the FRICO requires a minimum of 25' on each side of the canal
plus the toe of the ditch embankment and the boundaries of the ditch must be agreed upon. The
site plan that was included in the County referral clearly shows a 65 foot ditch easement that has
not been encroached upon. This 65 foot easement was shown on the recorded exemption and the
owner understands your rights to the 65 feet. If you have documentation showing the ditch has a
larger easement we would be happy to adjust the site layout accordingly.
We do understand the importance of the ditch and your intentions of protecting it, however, the
Project Review Application does not seem applicable and the $5,500 (minimum) fees seem
unreasonable. Please let us know if we can provide you with any additional information that would
satisfy your concerns.
Thank you for your consideration,
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton, CO 80615
970-381-0526
Eve@farmersres.com wrote:
From: Eve Craven <Eve@farmersres.com>
To: "sherilockman@what-wire.com" <sherilockman@what-wire.com>
Subject: Project Application
Date: Tue, 5 Apr 2016 14:55:05 +0000
Good morning Sheri,
I have attached a copy of our project application and Design Criteria. Please fill out the application
and submit it along with a $500.00 application fee to begin the process. I will forward it onto our
Engineering to get an estimate for review costs and will collect that amount from you to begin
- review. If you would like to start the review right away, please include a minimum review fee of
$5,000.00 to begin the process.
If you have any questions, please don't hesitate to contact me.
APPLICATION FOR PROJECT REVIEW
Review will NOT start until fees are submitted.
This includes all that are applicable.
(Application fee, legal review fee and engineer review fee.)
Please allow a minimum of 3 weeks after receiving all required information from the
project owner for FRICO to process the application.
This application will be voided after three months of the date the application is submitted to the
FRICO office if no activity or communication is had. The application fee will not be reimbursed.
PROJECT TITLE:
NAME OF CANAL
DATE:
NATURE OF PROJECT: ON FRICO PROPERTY OFF FRICO PROPERTY
CROSSING PURPOSE/FUNCTION (DESCRIBE)
INSTALLATION METHOD IIDD Auger Boring Pipe Ramming
1S PIPE: CASED UNCASED
OUTSIDE DIAMETER OF PIPE
PIPE MATERIAL
PRIMARY SOIL TYPE (USCS)
MAXIMUM ALLOWABLE DRILLING FLUID PRESSURE (PSI)
DISTANCE FROM ENTRY PIT TO CANAL CENTERLINE
MINIMUM DISTANCE FROM ENTRY PIT TO EDGE OF CANAL
MINIMUM VERTICAL CLEARANCE BETWEEN CANAL BOTTOM
AND BORE OUTSIDE DIAMETER
MINIMUM DEPTII OF BORE WITHIN FRICO ROW
OWNER OF PROPOSED PROJECT (COMPANY,ADDRESS, PHONE & EMAIL)
PH ( )
CONTACT PERSON PII( )
EMAIL ADDRESS
OWNER'S ENGINEER (COMPANY,ADDRESS, PHONE& EMAIL)
PH ()
CONTACT PERSON PH ( )
EMAIL ADDRESS
PERSON(S) MAKING APPLICATION (NAME, ADDRESS,PHONE,EMAIL)
PH( )
CONTACT PERSON PH ()
EMAIL ADDRESS
APPLICATION FOR TRENCHLESS PROJECT REVIEW
Review will NOT start until fees are submitted.
This includes all that are applicable. (Application fee, legal review fee and engineer
review fee.)
Please allow a minimum of 2 weeks to process the application.
PROJECT TITLE:
NAME OF CANAL
NATURE OF PROJECT: ON FRICO PROPERTY
OFF FRICO PROPERTY
DATE:
UTILITY CROSSING PURPOSE/FUNCTION (DESCRIBE)
UTIITY INSTALLATION METHOD (DESCRIBE)
OUTSIDE DIAMETER OF PIPE
PIPE MATERIAL
IS PIPE: CASED UNCASED
HORIZONTAL DIRECTIONAL DRILLING:
PRIMARY SOIL TYPE (USCS)
MAXIMUM ALLOWABLE DRILLING FLUID PRESSURE
DISTANCE FROM ENTRY PIT TO CANAL CENTERLINE
MINIMUM VERTICAL CLEARANCE BETWEEN CANAL BOTTOM
AND BORE OUTSIDE DIAMETER
MINIMUM DEPTH OF BORE WITHIN FRICO ROW
AUGER BORING & PIPE RAMMING DRILLING:
PRIMARY SOIL TYPE (USCS)
MINIMUM DISTANCE FROM ENTRY PIT TO EDGE OF CANAL
MINIMUM VERTICAL CLEARANCE BETWEEN CANAL BOTTOM
AND BORE OUTSIDE DIAMETER
MINIMUM DEPTH OF BORE WITHIN FRICO ROW
OWNER OF PROPOSED PROJECT (COMPANY,ADDRESS,PHONE & EMAIL)
PH ( )
CONTACT PERSON it ( )
EMAIL ADDRESS
OWNER'S ENGINEER(COMPANY,ADDRESS, PHONE& EMAIL)
PII ( )
CONTACT PERSON PH ( )
EMAIL ADDRESS
PERSON(S) MAKING APPLICATION (NAME, ADDRESS, PHONE, EMAIL)
Pii ( )
EMAIL ADDRESS:
LIST OF AGENCIES (NAME ADDRESSES, PHONE NUMBERS,CONTACT PERSONS)
OF GOVERNMENTAL ENTITIES HAVING JURISDICTION OR REVIEWING
PLANS AND SPECIFICATIONS:
LEGAL DESCRIPTION OF PROJECT LOCATION: (Please include Township,
Range, Section and cross roads/streets)
ESTIMATED START OF CONSTRUCTION:
ESTIMATED COMPLETION OF CONSTRUCTION:
PLEASE SUBMIT THE FOLLOWING:
A. AERIAL PHOTO SHOWING TIIE PROPOSED CROSSING
B. CONSTRUCTION PLANS AND PROCEDURES ADHERING TO
REQUIREMENTS OF DESIGN REVIEW PROCESS AND DESIGN
CRITERIA FOR FACILIITES OF FARMERS RESERVOIR AND
IRRIGATION COMPANY, CHAPTER 5
By completing this application,the Applicant acknowledges Farmers Reservoir and Irrigation Company may or
may not approve this application and proposed construction at its discretion;and furthermore,the Applicant agrees to
reimburse Farmers Reservoir and Irrigation Company,in full,for all costs associated with its review of the application,
regardless of the applications approval or denial.
The terms and provisions of this application shall not he merged in or terminated by the issuance of any other
documents or instruments by Farmers Reservoir and Irrigation Company,hut shall continue to be effective and survive
between the parties,their heirs,successors and assigns.
APPLICANT SIGNATURE (DATE)
REVIEW PROCESS CHECK LIST
Development
PIIASE 1:
PHASE 2:
PHASE 3:
PHASE 4:
PHASE 5:
PHASE 6:
PHASE 7:
Phase 1: Application and plans are submitted to Farmers Reservoir and
Irrigation Company.
Farmers Reservoir and Irrigation Company requests a copy of the
approved plan(s) and action(s) taken by the County or other
authorities that have the powers to approve/deny the development.
Phase 2: Estimate of review costs given to developer (prior to review).
Phase 3: Developer deposits application fee and any applicable review fees
before review begins.
Phase 4: The engineer(s) and attorney(s)for Farmers Reservoir and Irrigation
Company are given notice to proceed,within the review process dollar
limit.
Phase 5: The staff of Farmers Reservoir and Irrigation Company, its
engineer(s) and its attorney(s) recommend to the Board the action of
the development that is to be taken.
Phase 6: The approval of the project is conveyed to the project owner with a
copy of the easement agreement for signatures.
Phase 7: Once Farmers Reservoir and Irrigation Company receives the signed
agreement and easement fee a copy of the final signed agreement and
final approval to start construction will be given to the project owner.
Hello