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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20253292
C¢(1' �f NORTH WELD COUNTY WATER DISTRICT 2' 0 32825 CR 39 • LUCERNE,CO 80646 P.Q.BOX 56 • BUS:970-356-3020 • FAX:970-395-0997 +..5 \4.NW( v I)t/Pi, • EMAIL:WATER@NWCWD.ORG k'A iER 4e, 5037212 Pages: 1 of 10 06/24/2025 02:57 P11 R Fee:$58.00 Carly Koppes, Clerk and Recorder Weld County , Co 1111 111114171141111WirilflrindilliHrihirlial WILE 11111 May 21,202E CR 25 Lot B West LLC,Developer Aaron Everitt,Agent 345 Pascal St. 2809 E.Harmony Rd.STE 300 Fort Collins,CO 80524 Fort Collins,CO 80528 Subject: Water Service Request,CR 25 Lot B West LLC Property,9-Lot Minor Subdivision Tap Request This Letter of Intent(the'Letter)is in response to your inquiry regarding water service from North Weld County Water District (the'District')to the property legally described in Exhibit A,attached hereto and incorporated by this reference(the Property"). CR 25 Lot B West LLC shall be referred to herein as the"Developer", In order to support you with obtaining water service,you should understand the following: 1. The District is able to provide water service to the Property,contingent upon all requirements of the District being satisfied. If all District requirements,including all contracts,have not been satisfied and completed with the District within 1 year of the date of this Letter,this Letter is no longer of any force and effect. After 1 year,it should be understood that the District reserves the right to refuse water service,if raw water is unavailable,and/or pipeline or water treatment capacity is not capable of providing water service to the above-described property. 2. Before a water tap may be purchased,the Developer must provide a copy of a Warranty Deed,a Physical Address, and provide a copy of this Letter,which Letter must be acknowledged by the Developer and also recorded on the Property in the real property records of the Weld or Lorimer County Clerk and Recorder,as appropriate, 3. The Developer must sign and execute any and all necessary Easement and Rights-of-Way Agreements regarding specific locations,widths,size of pipeline(s)and descriptions for the Line Extension as determined by the District. Providing water service to the Property is contingent upon execution and recording of the Easement and Right-of-Way Agreements, Until such Easement and Right-of-Way Agreements are finalized and recorded to the satisfaction of the District,the District will not initiate the design or construction of the Meter Set or Line Extension needed to provide water service to the Property. 4. Based on the irrigation use of the Property along with other pertinent information provided on the Water Tap Request Form,the District recommends the Developer's irrigated landscaping square footage not exceed 6,000 square feet. This recommendation is based on the Full Standard Tap allocation and should he used to optimize delivery without surcharge (Le., to minimize the risk or likelihood of surcharge). Should the Developer desire to irrigate a larger landscaped area,the District recommends the Developer purchase an additional allocation. 5. Developer is subject to the District's Amended and Restated Water Dedication Policy,which may be amended from time to time(the Policy"). A copy of the current Policy is attached hereto as Exhibit B, 6. In no event shall Developer apply for a land division of the Property with a County prior to dedicating water as required by the Policy and as set forth above. In the event Developer fails to dedicate water in relation to the Property prior to a County approving a land division,the sole recourse of any future owners of the divided Property shall be against the Developer. 7. Any future owners of the Property or divided Properly shall be third-party beneficiaries to this Letter and shall have the right to enforce the terms of this Letter against the Developer. Nothing contained in this Letter shall give or allow any claim or right of action against the District by a subsequent owner of the Property or divided portion of the Property. The Developer shall be solely responsible for any claims relating to its failure to dedicate water rights as required by the Policy. 8. The District's water tap options are shown in Table No.1 included in Exhibit C of this Letter. 9, The District's current tap fees are shown in Table No.2 included in Exhibit C of this Letter. The District's tap fees shall be valid for 10 business days from the date the Developer receives this Letter. The tap fees must be paid within 10 business days of Letter receipt. After 10 business days of Letter receipt,tap fees will be subject to the'then in effect rates'(current cost)established by the District. The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change of rates and/or fees, 1 NORTH WELD COUNTY WATER DISTRICT /0 Z f �; �� 32825 CR 39 • LUCERNE,CO 80646 t I P.O.BOX 56 • BUS:970-356-3020 • FAX:970-395-0997 I \ E){)v( • EMAIL:WATER@NWCWD.ORG 10. The Meter Set Fee is valid only for the location shown on the map attached hereto as Exhibit D. After the water tap has been purchased(Raw Water AFU&Plant Investment Fee),the Developer has 1 year in which to have the meter set. The Distract requires a minimum 60 day advance notice to set the meter. If the meter has not been set within 12 months from the purchase date and the Developer requests in writing to relinquish the meter,the District shall refund the Developer 98%of the tap fee. If longer than a year,the District will refund the Developer 90%of the tap fee paid, If the Developer does not choose to relinquish the meter within 12 months of the Developer purchasing the meter and the meter remains unset,the account will begin to be billed the minimum monthly amount. 11. The District's current usage rates and fees are shown in Table No.3 included in Exhibit C of this Letter, 12. Water Surcharge. Water surcharge fees will be assessed when an accounts year to date usage exceeds the annual water allotment at a rate set forth in the District's Fee Schedule,as may be amended from time to time. Surcharge fees are assessed as a penalty and deterrent for over usage by customers. 13. Rate Differential Charge. Effective November 1,2015,the District no longer accepts water transfers. 14. The District's current Plant Investment Surcharge is shown in Table No.4 included in Exhibit C of this Letter. Plant Investment Surcharge will be assessed when an accounts year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges. These rates are in addition to the standard monthly usage fee. 15. The District has reviewed the Developer's Water Tap Request Application. Based on the information provided in the application,the District's review included,but was not limited to,engineering review,field inspections,fire flow analysis, hydraulic modeling,identification of offsite infrastructure improvement needs,preliminary pipe sizing,and/or developing a preliminary line extension layout and fee estimate. If offsite Infrastructure or a line extension is deemed necessary to serve the Developer's property,the Developer is required to submit to the District for further Plan Review or Design Approval prior to installation or service being provided by the District. Please reference the Process for Obtaining Water Service workflow diagram for details on the Plan Review or Design scope of services. It is important to note that all crossing agreements,easements or other outside third-party contracts require full execution prior to any construction or water service being provided. It is imperative that the Developer allow ample time for the Plan Review or Design Approval process prior to requiring water service. 16. Developer is subject to the Backfow Prevention and Cross Connection Control Regulation,which may be amended from time to time. A copy of the Backfiow Prevention and Cross Connection Control Regulation can be obtained from the District Manager. The District hopes this Letter provides the necessary information to facilitate progress in meeting the requirements needed to secure water for the above described property. Should you have any questions or concerns,please contact the District. Sincerely, Date � ,Board of Directors North Weld County Water District (Acknowledgement and Agreement by Developer follows.) 5037212 Pages: 2 of 10 06/24/2025 02:57 PM R Fee:$58.00 Carly Koppes, Clerk and Recorder, Weld County , CO liII I ICIIII I ,I#101 ; 111:11A1Nrr1l4#11:h1Sliiii II it i 2 Do usign Envelope rD:'BF2453B3-F74E-espan ease6oteerrka24 '4 NORTH WELD COUNTY WATER DISTRICT 32825 CR 39 • LUCERNE,CO 80646 o P.O.BOX 56• BUS:970-336-3020 •'FAX:9'70-395-6997 G01, ,� � WW W.N WC.WD.q.gl✓ ••LMAIL,'WA11sR(2NWCWD:ORG rytvATf:M1�y Acknowledgement and Agreement by.Developer The Developer hereby acknowledges and agrees to.the.terms of this Letter Intent,including its'obilgation.to dedicate water in relation to the Property. The Developer acknowledges.and agrees•that it shall be solely responsible'for any claims thatmay.be. brought in the future by subsequent owners of the Property or portion of the Property in regards to Developer's failure to make an appropriate water dedication prior.to selling all or a portion of the Property. The Developer;its successors and assigns,hereby:agrees to defend;indemnify and hold harmless the District and each of its: directors,of6cers,.contractors,employees;agents and consultants(collectively,.the"District Indemnitees:),.from and against any and all claims,demands,losses,liabilities;actions,.lawsuits,damages,and expenses.(the"Claims"),.including reasonable legal expenses.and attorneys'fees:actually incurred,by the District Indemnitees arising directly or indirectly,in whole or in part, out.of the'errorsoromissions;negligence,willful misconduct,or any:criminal ortartidus act or omission of the Developer.orany of its subcontractors,officers,agents or employees,in connection with this Letter of intent and/or the.Developer's obligation to. approprialeiy dedicate water prior to selling all or a.portion of the Property. In the event the Developer fails to.assume.the defense of any.Claims required•in this paragraph within fifteen(15).days after notice from the District of the existence of such claim,.the District may assume the defense of the Claim with counset of its own selection,and the Developer will pay all: reasonable expenses of such counsel. CR.25 Lot B.West LLC 5/22/2025 Date ..........._..... ____ By: .ksx(e..c. ._... Jesse Lacier Name: Its: 5037212 Pages: 3 of 10 06/24/2025 02:57 PM R Fee:$58.00 Carly K000es, Clerk and Recorder, Weld County CO lilt r�L ` �� I��` �'��� II fiI 3 o¢"� `r NORTH WELD COUNTY WATER DISTRICT 2 32825 CR 39 • LUCERNE,CO 80646 ti P.O.BOX 56 • BUS:970-356-3020 • FAX:970-395-0997 • EMAIL:WATER@NWCWD,ORG nif EXHIBIT A A parcel of land being a portion of Lot B,Recorded Exemption No.0805-18-03 RECX16.0016 as recorded July 13,2016 as Reception No.4218736 of the Records of Weld County,being vacated on January 24,2022 by Resolution No.2022-0382 of the Board of County Commissioners of Weld County as recorded February 3,2022 as Reception No.4799523 of the Records of Weld County,situate in the North Half of the Southwest Quarter(N112SW1I4)of Section Eighteen(18),Township Six North (T.6N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado,being more particularly described by metes and bounds as follows: COMMENCING at the West Quarter corner of said Section 18 as monumented by a 2 3/8"pipe with a 31/4"Aluminum Cap stamped LS 20685 and assuming the North line of said N112SW114 as monumented at the Center Quarter corner of said Section 18 by a#6 rebar with a 2112"Aluminum Cap stamped LS 25619 as bearing North 87'26'49'East being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2911,00 feet with all other bearings contained herein relative thereto; THENCE South 00°24'33"East along West line of said N1I2SW1/4 a distance of 361.06 feet to a line parallel with and 30,00 feet Southerly of,as measured at a right angle to the Southerly line of Lot A,Recorded Exemption No.0805-18-03 RECX16- 0016 recorded July 13,2016 as Reception No.4218736 of the Records of Weld County,and to the POINT OF BEGINNING; The following Three(3)courses are along said parallel line: THENCE North 89°35'27"East a distance of 478.94 feet; THENCE North 51°52'19"East a distance of 267.67 feet; THENCE North 71'05'36"East a distance of 276.51 feet; THENCE South 48'50'57`East a distance of 957,36 feet; THENCE South 02°53'35'East a distance of 503,70 feet to the South line of the N1/2SW1I4 of said Section 18; The following Two(2)courses are along the South and West line of the N1I2SW114 of said Section 18: THENCE South 87°06'26"West a distance of 1692,67 feet; THENCE North 00°24'33'West a distance of 960.21 feet to the POINT OF BEGINNING. (Street Address:33350—CR 25,Greeley,CO) Weld County Parcel Number:080518300015 5037212 Pages: 4 of 10 06/24/2025 02:57 P11 R Fee:$58.00 Carly Kopnes, Clerk and Recorder, Aeld County , CO III EI11I�1i 1n' IANH:I It ch; r i i+klIliiiiiii II if l 4 .5037212 Pages: 5 of 10 06/24/2025 02:57 PM R Fee:$58.00 Carly KoAPes, Clerk and Recorder, Weld County , CO EXHIBIT B NORTH WELD COUNTY.WATE.R DISTRICT AMENDED AND RESTATED WATER DEDICATION POLICY I. Water Dedication Requirements. A.. Projects in which the District has. an executed Water Services Agreement with Owner/Developer as of September 13,2020. i. Development Requiring-Less than 5-Acre Feet of Water.. Any owner or developer of real property who has an.executed WaterService:Agreement with the 'District as of September 1.3, 2020,'ar d who is requestirig.water taps requiring less. 'than five (5) acre.feet of water for as development project, whether on one.(1) or more separate lots,tracts or parcels,shall,,at its election,either.®pay to the District a cash payment in lieu of dedication of raw water in accordance.With the then applicable cash-in-lieu payment schedule adopted by the District_from time.to time or(ii)'transfer acceptable raw waterrights..to the.District in satisfaction.of the.raw water requirements for such development project. ii. Development Requiring 5-Acre Feet or More. Any owner or developer of real.property, whether acting.alone.or through one:(1) or more Affiliates, who has an.executed Water Service.Agreement with the District as of September 13, 2020, and Who is requesting water taps requiring f ve (5) acre feet ormore'of water for a development property,whether-on one (1).Or more separate.lots, tracts or-parcels, shall,'at'its election, either.(i)transfer acceptable raw water rights to.the District.in satisfaction of the raw water requirements. for such.development 'project or .(ii) transfer acceptablewater rights to. the District in satisfaction of seventy percent (70%) of the raw water requirements for such development project and pay to the District.a cash payment in.lieu .of dedication of raw water in satisfaction. of`the remaining thirty percent(30%) of the raw water,requirements.in accordance.w.ith the then applicable cash-in-lieu payment schedule adopted by the'District from tine to time. For purposes of this Resolution,the term"Affiliate":shall mean-any individual orentity'that directly or indirectly through.one(1)or more intermediaries controls or is controlled by or is. under common control with another specified individual or entity. ii.i. Cash-in-Lieu.Payment Rate.. The cash4n4i.eu.payment rate to be charged by the-District in lieu of.dedication of raw water shall be.Fifty-Eight Thousand 724,0007 5 Dollars ($58,000.00) per C81.orado-Big Thompson (C-BT) unit until further. Modified by the Board of Directors. B, Projects In which a Water Service Agreement between the Owner/Developer.and District was not,executed:as,of September i 3,2020. i. Raw Water Dedication. The owner or developer shall transfer acceptable: raw water rights to the District in satisfaction of one-hundred percent.(100%)ofthe raw water requirements for.such development.project. The District willnot accept. cash payments in lieu.of such raw water.dedication.Notwithstanding the foregoing, Owners or developers purchasing a.single tap from:the District may make.a cash- in-lieu payment to-the District in lieu.of making a raw:water dedication,which cash- in-Iieu payment shall be in accordance with the then applicable cash-in-lieu payment schedule adopted by the District,.as.may be-amended from time to time. The foregoing exception to dedication of one-hundred.percent(100%0)of the raw water requirements for single tap: purchases is not available for :recorded exemptions approved by a:County. In the event,a recorded exemption is approved by a County, owners:and/orrdevelopers of such divided:and exempted properties are not eligible.to purchase single taps from the District,and,.therefore,are required to transfer the required raw water rights to the District in satisfaction of One- hundred,percent(100%) of"the raw water rights requirements as set forth in this paragraph. ii. 'Phased Approach. Dedication :of raw water rights. may be in: a phased approach to'.be agreed upon in writing by the.District and the owner or developer, and: which shalt be, memorialized in a Water Services: Agreement.between the District.and-the owner or developer.No:water taps ferny phase of development shall he issued until the,agreed upon raw water dedication has been made:for the applicable phase:of development. C. .Developers/Owners subject •to Paragraph LA Requirements May Opt-in -to Paragraph I.B Requirements. Developers and owners subject to the raw water and cash-in-lieu dedication requirements set forth in paragraph I.A, above, may opt to be' subject to the requirements set forth in paragraph LB by submitting a written request to. the District and entering*Iowan amended Water Services Agreement with the District setting forth the new dedication requirements. Any District costs associated with the amendment to the existing Water Services Agreement shall be:.paid in full by.the developer or owner. 224s.o007 6 5037212 Pages: 6 of 10 08724/2025 02:57 PM . R• Fee:$58,00 Carly Konnes, Clerkrk and Reccgorder.; Weld County . CD 1i. General Requirements for all Water Rights Dedications A. Water Rights Acceptable to: District Only those water rights determined to be acceptable by the District shall be eligible for use in satisfying the District's raw water requirements: Conversion factors for such raw water rights and the determination of the amount of water available for allocation from such raw water rights shall be within the sole discretion of the Board of Directors. B'. Transfer of Water Rights.. Water rights'dedicated to the District.and assigned for use to a.subdivision or other real property shall.not thereafter'be re-assigned tog another subdivision or other real property without the prior written authorization of the District, which authorization shall be Within..the sole and. absolute discretion of the Board of Directors.All water rights dedicated to the District shall be owned the District and the person or entity dedicating such water rights to the District shall have no further ownership interest'in the raw'water rights.. C. Costs and Expenses of Water Dedication. All costs and expenses to dedicate water rights to the District to satisfy the raw water icquiremcnts of the District shall be.paid by the person or entity required to dedicate the water rights to.the District All costs and expenses necessary to change such water rights so that they can be diverted'and used by the District for potable and non-potable water'use shall be paid by the person or entity required to dedicate the.water rights to the:District, or his,her or its successor in interest,. by:payment of all required Water Court transfer fees. D. Overlapping M.unieipalities with Higher Water Dedication Requirements.. Notwithstanding anything.in this..Amended and Restated Water Dedication.Policy to the, contrary,.if a municipality overlapping with the District or the District's"Service:Area, as may bee.defined in any.agreement between the District and the overlapping municipality,. requires a higher amount of water:dedication under its water dedication policies and/or under a water service agreement between the municipality and the. then the owner/developer shall.be required to dedicate such higher amount to the.District. HI. Under Dedicated Commercial Customer Dedication Requirements Non-residential or wholesale water meter users("Commercial Customers") determined by the.Districtto'have not previously dedicated waterresources sufficient to meet their current usage("Under Dedicated Commercial Users")shall be allowed.to dedicate additional water resources to the.District in an amount equal to the difference between the amount of water .resources already dedicated to the District and,fifty.-percent(50%) offthe Commercial Customer's"Calculated Maximum Annual Volume"(defined below). 2248.0007 7 5037212 Pages: 7 of 10 0fi/24/2025 02 S7 Pit R Fee:$5$.00 Carly KopPes, clergy and Recorder, Weld Ceunty Go 5037212 Pages: 8 of 10 06/24/2025 02:S7 PM R Fee:$58.00 Carly Konpes, Clerk and Recorder. Weld County CO 11111 Calculated Maximum Annual Volume is calculated asthe most recent five(5)year average of the Commercial Customer's maximum annual usage,minus ten percent(10%). In general,a Commercial Meter is classified as a water tap with an allocation of more than four(4)acre-feet of water. 2248.0007 8 ©�.�to 1 NORTH WELD COUNTY WATER DISTRICT Z 32825 CR 39 • LUCERNE,CO 80646 P.O.BOX 56 • BUS:970-356-3020 • FAX:970-395-0997 Gyr y� %%`P11.tiWt N/'I).i11c, • EMAIL:WATER@NWCWD.ORG } �nreRv EXHIBIT C Table No.1-Tap Options and Requirements Raw Plant Distance Meter Water Plant Investment Water Investment Fee Set Fee Allocation Allocation (Annually) (Annually) Full Standard Tap 100% 100% 100% 100% 228,000 Gallons 228,000 Gallons Restrictions Lot Size greater than 0.33 Acres(14,375 sq.ft) 75%Tap 75% I 100% I 100% 100% I 1171,000 Gallons I 171,000 Gallons Restrictions Lot sizes greater than 0.20 acres(8,712 sq.ft)but less than 0.33 Acres(14,375 sq.ft)OR landowners with adequate,verifiable irrigation rights or well permits for outside water use 50%Residence Tap 50% I 100% I 100% l 100% I 114,000 Gallons I 114,000 Gallons Restrictions Lot size less than 0.20 acres(8,712 sq,ft)OR with a Board Approved irrigation System OR a Board Approved Commercial Enterprise A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the unit/class X 228,000 gallons=Annual Allocation.(i.e.Water Allocation 5 x 228,000=1,140,090 gallons Annual Allocation) Surcharge will be assessed when an account's year to date usage exceeds the Water and/or Plant Investment Allotment. See Paragraph 14 and Table 4 for Rates. Table No.2..District Tap Fees TAP FEES(Assumed for Full Standard Tap) INSTALLATION COST Raw Water for One Acre-Foot Unit(AFU) Effective 0110112023. Fee may change at Board Meeting Dedication Meter Set Fee Per Tap $2,400 each month. See nwcwd.org for current information. Base Portion of Plant Investment Fee $21,900 Distance Portion of Plant Investment Fee(11 miles) $5,500 TOTAL Up-Front COSTS PER TAP $29,800 Full Standard Tap • The amount of Raw Water to be dedicated to the District will be finalized after the Plan Review stage. , • Multiple Line Extensions are required to serve the 9-Lot Minor Subdivision. The Line Extensions required are approximately 2.75-miles of 8-inch waterline,as shown in Exhibit D. Agent/Owner will be required to submit a Plan Review to progress with the Line Extensions. See Paragraph 15 above and the workflow diagram available at nwcwd.org for details. • The required Line Extensions will provide 1,000 gpm Fire Flow to the Subdivision. See Table No.1 for Options and/or Restrictions. Cost will exclude Line Reimbursement Fee&Supplemental Fee if applicable unless otherwise stated. See Paragra?h 15 for Details Price is valid for ten(10)business days from receiving this Letter. Minimum Pressure _ 35 psi Normal Pressure Range 70 psi to 90 psi Maximum Pressure 90 psi Table No.3_Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 6,000 gallons $29.94 Minimum 6,000 gallons and up $4.99 per 1,000 gallons(Kgal) Table No.4-Plant Investment Surcharge Rates All usage exceeding the Plant Investment Allotment _ $4.50 per 1,000 gallons(Kgal) 5037212 Pages: 9 of 10 06/24/2025 02:57 Piz R Fee:$58.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 FLAM i r 111411r141F:r,^li ii141111 III 44241, CR 25 Lot B West LLC, 33350- CR 25 EXHIBIT 'D R 111W....0-41 Nit A i '-' . 1111L::::icilt 4.: N• I:D T +� -J72 t+ n f 1.. - . Via IP'' I ill ‘ -. ..... h i V ,'RKl v � .. i:- _ 144111 -4.- f j r 8-inch Line Extension ._ -. i '' �3 ' 7`,}r MA[3 ET ItL) ti tea. .' L "t • _ ,� _ 8-inch Waterlines ' within Subdivision - - MAA" I)F: • 1La�--- _ ilk' - _ J-err ' r - • 8-inch Line Extension - ,.� ' - I l _ -- HIGHWAY .39 North Weld County Water District water service is available, according to the terms of this letter, to: Proposed 9-Lot Minor Subdivision located at 33350- CR 25. Data layers that appear on this map may or may not be accurate,current,or otherwise reliable. DISCLAIMER: This product has been developed solely for internal use only by Weld Counts The GIS database,applications,and data in the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL ANY PART TP "" " WARRANTIES OR GUARANTEES,EITHER EXPRESSED OR IMPLIED AS TO THE O 5037212 Pages: 10 of 10 .NY LIABILITY,ARISING FROM ANY ENCORRECT,INCOMPLETE OR N 06/Z4/2025 02:57 PM R Fee:$58.00 Carlyl koplpes, Clerk andRecorder, Weld County�`� , CO ` 11111 ON-SITE WASTEWATER TREATMENT SYSTEM SUITABILITY REPORT FOR THE PROPOSED 9 LOT RESIDENTIAL SUBDIVISON AT LOT B, RECOREDED EXEMPTION RECX 16-0016, PARCEL IN THE N'/2 OF THE SW' OF, SECTION 18, TOWNSHIP 6 NORTH, RANGE 66 WEST, WELD COUNTY, COLORADO FOR LAMAR VALLEY CRAFTSMAN, LLC CDS ENGINEERING CORPORATION LOVELAND, COLORADO PROJECT NUMBER 21-1204 NOVEMBER 17, 2021 CDS Engineering Corporation November 17, 2021 Project No. 21-1204 Barry Schram LAMAR VALLEY CRAFTSMAN, LLC 2620 Brush Creek Drive Fort Collins, CO 80528 Dear Barry, Enclosed is the report you requested for the feasibility of on-site wastewater treatment systems on the proposed 9 lot residential subdivision in Weld County, Colorado. The recommendations provided in this report are in compliance with Weld County regulations. If you should have any questions concerning the information in the report, please feel free to contact this office. Respectfully, FOR AND ON BEHALF OF Reviewed by: ,, CDS ENGINEERING CORPORATION 4.1 to 883E7 :$:‘' // e."*19,6,x,c,3 Kevin F. Becker, . `rS%p/VAilE Jose Eriz, Engineering Technician Enclosures 165 2nd Street S.W. • Loveland, CO 80537 • (970) 667-8010 • Fax (970) 667-8024 • www.cds-eng.net TABLE OF CONTENTS Page Letter of Transmittal i Table of Contents ii Scope 1 Site Investigation 1 Site Location and Description 1 Adjacent Structures 2 Subsoils Conditions 2 Conclusions 2 ATTACHMENTS Site Drawing and Location of Test Pits Figure No. 1 Non Suitable OWTS Areas Figure No. 2 Log of Test Pits Figure Nos. 3 & 4 Additional Information: Gradation Curves, Site Plan, Appendix I NRCS Web Soil Survey ii 1 SCOPE This report provides findings for suitability of Onsite Wastewater Treatment Systems in the proposed residential subdivision. The proposed subdivision will consist of nine(9)lots ranging in size from 3.95 to 28 acres. It is our understanding that the wastewater strengths will be typical for that of domestic wastewater as defined by the State of Colorado OWTS Regulations. SITE INVESTIGATION A field investigation,performed on April 29,October 22,and November 1,2021,consisted of logging four (4)test pits to depths ranging from seven and one-half(7'/2) to eight (8) feet. The Location of the Test Pits is shown on Figure No. 1. The test pits were excavated on three different lots. A Log of Test Pits is shown on Figure Nos. 3 and 4. The descriptions of the soils are based, primarily, on visual and tactual methods which are subject to interpretation. SITE LOCATION AND DESCRIPTION The 82-acre site is located east of the Town of Windsor, north of State Highway 392 and on the east side of County Road 25. The site is generally located in a rural residential area with paved roads. The site vegetation consists of grasses and alfalfa. Historically,the site appears to have been used for agriculture. The west side of the site generally slopes to the southeast at an approximate slope of 5% towards a central drainage area. The east side slopes to the south southwest at an approximate slope of 2%. The central drainage area slopes to the south at an approximate slope of 2%. According to the Weld County Property Portal, no portions of the property are located in a floodplain or geological hazards. Several irrigation ditches and lines were observed on the property. An irrigation ditch running north to south in the central portion of the lot was noted. In addition, a concrete lined ditch was observed on the east portion of the site. An irrigation pipe was also noted on the west portion of the site. A gas structure is located in the southwest portion of the property. A marked gas line runs along the south portion of the property. 2 ADJACENT STRUCTURES On the adjacent south lot, an irrigation pond and an oil well were observed. Based on the Colorado Division of Water Resources Maps, only one (1) water well was noted on the adjacent properties. The well is located approximately 1000 feet to the south. SUBSOILS CONDITIONS Soils conditions observed in the test pits consisted of clay,loam,clay loam and sandy loam. Weathered siltstone bedrock was encountered at seven (7) feet in Test Pit Nos. 1 and 2. No water or redoximorphic features were observed in the test pits. The NRCS Soils Map indicates that most of the site consists of Kim Loam. Nelson fine sandy loam and Otero sandy loam are also present on the property. The Long-term Acceptance Rate (LTAR) of the soils encountered range from 0.20 to 0.60 gallons per day per square foot. CONCLUSIONS It is our opinion, based on our investigation of the site and test pit evaluations that On-site Wastewater Treatment Systems are feasible for the proposed subdivision. All setback recommendation in the County OWTS Regulations shall be adhered to. Individual OWTS field explorations and reports shall be performed on each lot to verify conditions as required by the Weld County OWTS regulations. 1 , in N .."..... = a = I . .) -- , 1 , , i ......--- ,• Zt5C5 , , . , , . . , . , ; .. . 1 . . i t • -J 0 , tip 0 N. , I _ C,ICi • ,1 g 0 0 ,J • .. T''' I I I. •r—I•r.I •op D 1 } i , ... ; — 0D --.. / , I ; ., , ',-1 g4 u)vc' •• U I , ,' ,---'' •_, -, -, ..... _c ,••' —1 o TV; I if' co . I 1 s' /----- ..,-•''' N- 0 . •,--• \ / ,, _. , 1 -I—, / I I / I i 4— / (ifil3-. " CO I1 I / I ' / 1 \ - .. 0 pt.-_ ,i I - 4— / I \ / / i \ 1 / .---- t , . :4_7, _I x / , 1 ' ...„- . — . I W / , CO 1 / ..- . 1 , / i 0 o E __a) r (ts , ., ....--- , 1 t.- ; 1 i / ,.--7 L I a> = 0 "6 ° / . c D (K) 0 75 I / / ....-----'-- _..__ :i NJ„..----- ....-- • .. ,... I 0,,,, c I.- CO ° ....'"' ../I 0 .. 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" 'N \ N ` ,, `\ s 0 \\ �� I (13 IL i iO c i •��� �, 1 c 0 0 0 `````� i oe� - — ��i� J 15 Q £ I m m a)i `�,ii 1 > J .0 0 / I o L ``` cn 0 r` 0 I U) N L a mob, I Q a 4 co t - C N i -6Q o 0 o rn a 'O �CV a 1 0 0 V yy 1 0 O i y, i lini V (0 ;U a W. oQ °' m< M I J D U Q '1 O O J on F-a. i 0 1 CO 1 II I 1 v N W i SZ pao�/ iluno3 cn U w m o 0 0 u co N TP-1 TP-2 o' / / i ' / Loam,roots,brown,friable,moist / , Loam,roots,brown,v.friable,moist / Shape: Blocky Grade:Moderate / / Shape: Prismatic Grade:Strong • / Soil Type:2 / , Soil Type:2 ' / / 1' / / / / /1.5' ' / / / , / / , Loam,roots,brown,friable,moist / / , Shape:Blocky Grade:Moderate 2' / / / Soit•Type:•2 ' / / 1 ' / / 1 • / / 1 ' / 3 i 3' 3' --r // Clay,tr.roots,black/dk.grey,sl.friable,moist / Clay,tr.roots,black/dk.grey,sl.friable,moist Shape:Prismatic Grade:Moderate / Shape:Prismatic Grade:Moderate Soil Type:4 Soil Type:4 //4' /4' 4' Clay,brown,sl.porous,tr.roots,v.friable,moist � Clay,brown,sl.porous,tr.roots,V.friable,moist / Shape:Prismatic Grade:Moderate Shape: Prismatic Grade:Moderate / Soil Type:4 / Soil Type:4 5' j / / 7/ / 6' / / / / T - Siltstone bedrock,sl.weathered,brown — Siltstone bedrock,sl.weathered,brown — — — 7.5' $ — —- 8' _ 9' Limiting layer: Yes Depth: 7' Groundwater NA Limiting layer: Yes Depth: 7' Groundwater NA Type: Siltstone bedrock Type: Siltstone bedrock Date of Excavation Date of Investigation Equipment Technician 04/29/21 04/29/21 Backhoe JDE Soil Type(NRCS) Kim Loam, 1 to 3 percent slopes LOG OF TEST PITS CDS Date: 11/15/21 Client: Lamar Valley Craftsman, LLC Project No. 21-1204 Project: 47721 Lot B, Recorded Exemption, Recx 16-0016, Engineering Corporation Drawn: JDE parcel in the N%2 of the SW/4 of S18-T6-R66, Weld County, Colorado 165 2nd St.S.W., Loveland,Colorado 80537 Figure: 3 Tele:(970)667-8010 TP-3 TP-4 0' - / // / Clay loam,tr.roots,dk.brown,hard,damp / Clay loam,blackldk.brown,SI.hard,damp / Shape:Blocky Grade:Moderate ,/ Shape:Blocky Grade:Moderate Soil Type:3 Soil Type:3 1' �� / / i/1.5' .?1.5' j•; Sandy loam,brown,friable,damp '/. .:, Sandy loam,tr.roots,brown,sl.porous,friable,damp-sl. Shape:Massive Grade:Structurless j•/' moist 2' •••:•.r•;•••••••••Soil•Type:.2A ./.,f Shape:•Prismatic••Grade:Weak -j . :/ Soil Type:2A '•/. /:y ':/; ./•7 ••4• •K 66.0%Sand /•• %.i 4' . /; ).:../ /:' .7..X . . 70.6%Sand /•r —"/,, /: 5' 7. /••/ ri. 6 �'/ / 51.3%Sand j` / i :'/... / i r •/ / i 7' j r Loam,brown,v.friable,sl.moist, `:/ / / Shape:Massive Grade:Structurless / ; / / Soil Type:2A /• / / :8' / '8' 9' Limiting layer: No Depth: NA Groundwater NA Limiting layer: No Depth: NA Groundwater NA Type: Type: Date of Excavation Date of Investigation Equipment Technician 10/22/21 & 11/01/21 10/22/21 & 11/01/21 Backhoe JDE Soil Type(NRCS) TP-3: Nelson fine sandy loam, 0 to 3 percent slopes/TP-4: Kim loam, 1 to 3 percent slopes LOG OF TEST PITS CDS Date: 11/15/21 Client: Lamar Valley Craftsman, LLC Project No. 21-1204 Project: 47721 Lot B, Recorded Exemption, Recx 16-0016, Engineering Corporation Drawn: JDE parcel in the N%2 of the SVV 4 of S18-T6-R66, Weld County, Colorado 165 2nd St.S.W., Loveland,Colorado 80537 Figure: 4 Tele:(970)667-8010 APPENDIX I ADDITIONAL INFORMATION FOR RECOMMENDED COMPONENTS CDS Engineering Corporation GRAIN SIZE ANALYSIS Client: Lamar Valley Craftsman, LLC Job No: 21-1204 Project: Lot B, Recx 16-0016,Weld County Tech: JDE Date: 11/15/21 Sieve Sizes #200 #100 #60 #40 #30 #20 #10 #4 3/8" 1/2" 3/4" 1" 1.5" 2" I I I I 101.0 91.0 81.0 TP-2 71.0 rn 61.0 TP-3 T 0 51.0 o) C .N w 41.0 a 2 31.0 0 a 21.0 11.0 1.0 0.010 0.100 1.000 10.000 100.000 Sieve Opening (mm) Silt/Clay Sand Gravel Sample: Depth: Description %Gravel %Sand MC% TP-3 4.5' Sandy loam, brown, dry,tr. organics 70.6 2.9 TP-4 3.5' Sandy loam, It. brown, sl. moist 66.0 6.2 TP-4 6' Loam, brown, moist 51.3 9.4 Date Sampled: 10/22& 11/21 Type: Bag Tech: JDE CDS Engineering Corporation• 165 2nd St SW•Loveland,Colorado 80537•(970)667-8010•(800)933-8011 •Fax:(970)667-8024 winv 11/17/2021 Gradation OWTS (08-20).xlsx 00'/juno3pIaM 0091-919 10091 1 209 09 11'0J0621M01d59002J9001010921 602660..,190aw90u%9n Wiz 206202/0w 89 HOM Pue 9Z HOMJO uonsesletul auI JeeN ff9NOOSIV ml•.,:s,yos NOISIA1080S 1VI1N301S3H 1016 Bui xSaaul2lu 12W•[Lb39f131A99:0901 4-- 00'lOspulM S g _ljE�.T ;� NoswO e:,\e s o n O —aLva 610%.1 ON 011'3HOINH000HVd \III Q b3lWf 1A903k331YJ y1 M 6f.200 N— _ M SAKI N yT .a lL — I — :B69 — — � Zc--J' 7 §-Q CD Q — _ OC.2V^ I�oKQ obiOdN 1\^ W l / 3. 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CQ 0 0, CU C C a) N oT 3 a O. to 4) y a oc c c 0) > > D o. o_ a 3 ro 3 000 Ow o . o E uC m w n nO a a o 0 >, o c T c a0 a) a) ) y = ) 'O = aw O C Oca N O O 30 0 > a O > u C CU CU 5 4) 2 > Y "O) :nN 2 O O . COo o O a) CU a) C y CU 0 a CU N C O e Q (I) U) U) .O m co U U J C7 J J ^ . cs n. a' U) U) U) U) U) U) Q) a 8 c To 03 y a Cl) Om o Ieni Ra 0 c a O Z 0 Soil Map—Weld County,Colorado,Southern Part Lot B,Recx 16-0016,Weld County Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 4 Aquolls and Aquepts,flooded 12.2 1.8% 32 Kim loam,1 to 3 percent 390.7 56.3% slopes 33 Kim loam,3 to 5 percent 77.7 11.2% slopes 37 Nelson fine sandy loam,0 to 3 15.0 2.2% percent slopes 38 Nelson fine sandy loam,3 to 9 31.6 4.6% percent slopes 47 Olney fine sandy loam,1 to 3 37.0 5.3% percent slopes 52 Otero sandy loam,3 to 5 129.3 18.6% percent slopes Totals for Area of Interest 693.4 100.0% USDA Natural Resources Web Soil Survey 11/16/2021 Conservation Service National Cooperative Soil Survey Page 3 of 3 C¢(1' �f NORTH WELD COUNTY WATER DISTRICT 2' 0 32825 CR 39 • LUCERNE,CO 80646 P.Q.BOX 56 • BUS:970-356-3020 • FAX:970-395-0997 +..5 \4.NW( v I)t/Pi, • EMAIL:WATER@NWCWD.ORG k'A iER 4e, 5037212 Pages: 1 of 10 06/24/2025 02:57 P11 R Fee:$58.00 Carly Koppes, Clerk and Recorder Weld County , Co 1111 111114171141111WirilflrindilliHrihirlial WILE 11111 May 21,202E CR 25 Lot B West LLC,Developer Aaron Everitt,Agent 345 Pascal St. 2809 E.Harmony Rd.STE 300 Fort Collins,CO 80524 Fort Collins,CO 80528 Subject: Water Service Request,CR 25 Lot B West LLC Property,9-Lot Minor Subdivision Tap Request This Letter of Intent(the'Letter)is in response to your inquiry regarding water service from North Weld County Water District (the'District')to the property legally described in Exhibit A,attached hereto and incorporated by this reference(the Property"). CR 25 Lot B West LLC shall be referred to herein as the"Developer", In order to support you with obtaining water service,you should understand the following: 1. The District is able to provide water service to the Property,contingent upon all requirements of the District being satisfied. If all District requirements,including all contracts,have not been satisfied and completed with the District within 1 year of the date of this Letter,this Letter is no longer of any force and effect. After 1 year,it should be understood that the District reserves the right to refuse water service,if raw water is unavailable,and/or pipeline or water treatment capacity is not capable of providing water service to the above-described property. 2. Before a water tap may be purchased,the Developer must provide a copy of a Warranty Deed,a Physical Address, and provide a copy of this Letter,which Letter must be acknowledged by the Developer and also recorded on the Property in the real property records of the Weld or Lorimer County Clerk and Recorder,as appropriate, 3. The Developer must sign and execute any and all necessary Easement and Rights-of-Way Agreements regarding specific locations,widths,size of pipeline(s)and descriptions for the Line Extension as determined by the District. Providing water service to the Property is contingent upon execution and recording of the Easement and Right-of-Way Agreements, Until such Easement and Right-of-Way Agreements are finalized and recorded to the satisfaction of the District,the District will not initiate the design or construction of the Meter Set or Line Extension needed to provide water service to the Property. 4. Based on the irrigation use of the Property along with other pertinent information provided on the Water Tap Request Form,the District recommends the Developer's irrigated landscaping square footage not exceed 6,000 square feet. This recommendation is based on the Full Standard Tap allocation and should he used to optimize delivery without surcharge (Le., to minimize the risk or likelihood of surcharge). Should the Developer desire to irrigate a larger landscaped area,the District recommends the Developer purchase an additional allocation. 5. Developer is subject to the District's Amended and Restated Water Dedication Policy,which may be amended from time to time(the Policy"). A copy of the current Policy is attached hereto as Exhibit B, 6. In no event shall Developer apply for a land division of the Property with a County prior to dedicating water as required by the Policy and as set forth above. In the event Developer fails to dedicate water in relation to the Property prior to a County approving a land division,the sole recourse of any future owners of the divided Property shall be against the Developer. 7. Any future owners of the Property or divided Properly shall be third-party beneficiaries to this Letter and shall have the right to enforce the terms of this Letter against the Developer. Nothing contained in this Letter shall give or allow any claim or right of action against the District by a subsequent owner of the Property or divided portion of the Property. The Developer shall be solely responsible for any claims relating to its failure to dedicate water rights as required by the Policy. 8. The District's water tap options are shown in Table No.1 included in Exhibit C of this Letter. 9, The District's current tap fees are shown in Table No.2 included in Exhibit C of this Letter. The District's tap fees shall be valid for 10 business days from the date the Developer receives this Letter. The tap fees must be paid within 10 business days of Letter receipt. After 10 business days of Letter receipt,tap fees will be subject to the'then in effect rates'(current cost)established by the District. The District is not responsible for notifying individuals,banks,lenders,prospective buyers,real estate agents or anyone else,in any manner,of a change of rates and/or fees, 1 NORTH WELD COUNTY WATER DISTRICT /0 Z f �; �� 32825 CR 39 • LUCERNE,CO 80646 t I P.O.BOX 56 • BUS:970-356-3020 • FAX:970-395-0997 I \ E){)v( • EMAIL:WATER@NWCWD.ORG 10. The Meter Set Fee is valid only for the location shown on the map attached hereto as Exhibit D. After the water tap has been purchased(Raw Water AFU&Plant Investment Fee),the Developer has 1 year in which to have the meter set. The Distract requires a minimum 60 day advance notice to set the meter. If the meter has not been set within 12 months from the purchase date and the Developer requests in writing to relinquish the meter,the District shall refund the Developer 98%of the tap fee. If longer than a year,the District will refund the Developer 90%of the tap fee paid, If the Developer does not choose to relinquish the meter within 12 months of the Developer purchasing the meter and the meter remains unset,the account will begin to be billed the minimum monthly amount. 11. The District's current usage rates and fees are shown in Table No.3 included in Exhibit C of this Letter, 12. Water Surcharge. Water surcharge fees will be assessed when an accounts year to date usage exceeds the annual water allotment at a rate set forth in the District's Fee Schedule,as may be amended from time to time. Surcharge fees are assessed as a penalty and deterrent for over usage by customers. 13. Rate Differential Charge. Effective November 1,2015,the District no longer accepts water transfers. 14. The District's current Plant Investment Surcharge is shown in Table No.4 included in Exhibit C of this Letter. Plant Investment Surcharge will be assessed when an accounts year to date usage exceeds the Plant Investment Allotment. The transfer of additional water will not remove this charge. Additional Plant Investment Units must be purchased to increase the allotment and reduce the Plant Investment Surcharges. These rates are in addition to the standard monthly usage fee. 15. The District has reviewed the Developer's Water Tap Request Application. Based on the information provided in the application,the District's review included,but was not limited to,engineering review,field inspections,fire flow analysis, hydraulic modeling,identification of offsite infrastructure improvement needs,preliminary pipe sizing,and/or developing a preliminary line extension layout and fee estimate. If offsite Infrastructure or a line extension is deemed necessary to serve the Developer's property,the Developer is required to submit to the District for further Plan Review or Design Approval prior to installation or service being provided by the District. Please reference the Process for Obtaining Water Service workflow diagram for details on the Plan Review or Design scope of services. It is important to note that all crossing agreements,easements or other outside third-party contracts require full execution prior to any construction or water service being provided. It is imperative that the Developer allow ample time for the Plan Review or Design Approval process prior to requiring water service. 16. Developer is subject to the Backfow Prevention and Cross Connection Control Regulation,which may be amended from time to time. A copy of the Backfiow Prevention and Cross Connection Control Regulation can be obtained from the District Manager. The District hopes this Letter provides the necessary information to facilitate progress in meeting the requirements needed to secure water for the above described property. Should you have any questions or concerns,please contact the District. Sincerely, Date � ,Board of Directors North Weld County Water District (Acknowledgement and Agreement by Developer follows.) 5037212 Pages: 2 of 10 06/24/2025 02:57 PM R Fee:$58.00 Carly Koppes, Clerk and Recorder, Weld County , CO liII I ICIIII I ,I#101 ; 111:11A1Nrr1l4#11:h1Sliiii II it i 2 Do usign Envelope rD:'BF2453B3-F74E-espan ease6oteerrka24 '4 NORTH WELD COUNTY WATER DISTRICT 32825 CR 39 • LUCERNE,CO 80646 o P.O.BOX 56• BUS:970-336-3020 •'FAX:9'70-395-6997 G01, ,� � WW W.N WC.WD.q.gl✓ ••LMAIL,'WA11sR(2NWCWD:ORG rytvATf:M1�y Acknowledgement and Agreement by.Developer The Developer hereby acknowledges and agrees to.the.terms of this Letter Intent,including its'obilgation.to dedicate water in relation to the Property. The Developer acknowledges.and agrees•that it shall be solely responsible'for any claims thatmay.be. brought in the future by subsequent owners of the Property or portion of the Property in regards to Developer's failure to make an appropriate water dedication prior.to selling all or a portion of the Property. The Developer;its successors and assigns,hereby:agrees to defend;indemnify and hold harmless the District and each of its: directors,of6cers,.contractors,employees;agents and consultants(collectively,.the"District Indemnitees:),.from and against any and all claims,demands,losses,liabilities;actions,.lawsuits,damages,and expenses.(the"Claims"),.including reasonable legal expenses.and attorneys'fees:actually incurred,by the District Indemnitees arising directly or indirectly,in whole or in part, out.of the'errorsoromissions;negligence,willful misconduct,or any:criminal ortartidus act or omission of the Developer.orany of its subcontractors,officers,agents or employees,in connection with this Letter of intent and/or the.Developer's obligation to. approprialeiy dedicate water prior to selling all or a.portion of the Property. In the event the Developer fails to.assume.the defense of any.Claims required•in this paragraph within fifteen(15).days after notice from the District of the existence of such claim,.the District may assume the defense of the Claim with counset of its own selection,and the Developer will pay all: reasonable expenses of such counsel. CR.25 Lot B.West LLC 5/22/2025 Date ..........._..... ____ By: .ksx(e..c. ._... Jesse Lacier Name: Its: 5037212 Pages: 3 of 10 06/24/2025 02:57 PM R Fee:$58.00 Carly K000es, Clerk and Recorder, Weld County CO lilt r�L ` �� I��` �'��� II fiI 3 o¢"� `r NORTH WELD COUNTY WATER DISTRICT 2 32825 CR 39 • LUCERNE,CO 80646 ti P.O.BOX 56 • BUS:970-356-3020 • FAX:970-395-0997 • EMAIL:WATER@NWCWD,ORG nif EXHIBIT A A parcel of land being a portion of Lot B,Recorded Exemption No.0805-18-03 RECX16.0016 as recorded July 13,2016 as Reception No.4218736 of the Records of Weld County,being vacated on January 24,2022 by Resolution No.2022-0382 of the Board of County Commissioners of Weld County as recorded February 3,2022 as Reception No.4799523 of the Records of Weld County,situate in the North Half of the Southwest Quarter(N112SW1I4)of Section Eighteen(18),Township Six North (T.6N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado,being more particularly described by metes and bounds as follows: COMMENCING at the West Quarter corner of said Section 18 as monumented by a 2 3/8"pipe with a 31/4"Aluminum Cap stamped LS 20685 and assuming the North line of said N112SW114 as monumented at the Center Quarter corner of said Section 18 by a#6 rebar with a 2112"Aluminum Cap stamped LS 25619 as bearing North 87'26'49'East being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2911,00 feet with all other bearings contained herein relative thereto; THENCE South 00°24'33"East along West line of said N1I2SW1/4 a distance of 361.06 feet to a line parallel with and 30,00 feet Southerly of,as measured at a right angle to the Southerly line of Lot A,Recorded Exemption No.0805-18-03 RECX16- 0016 recorded July 13,2016 as Reception No.4218736 of the Records of Weld County,and to the POINT OF BEGINNING; The following Three(3)courses are along said parallel line: THENCE North 89°35'27"East a distance of 478.94 feet; THENCE North 51°52'19"East a distance of 267.67 feet; THENCE North 71'05'36"East a distance of 276.51 feet; THENCE South 48'50'57`East a distance of 957,36 feet; THENCE South 02°53'35'East a distance of 503,70 feet to the South line of the N1/2SW1I4 of said Section 18; The following Two(2)courses are along the South and West line of the N1I2SW114 of said Section 18: THENCE South 87°06'26"West a distance of 1692,67 feet; THENCE North 00°24'33'West a distance of 960.21 feet to the POINT OF BEGINNING. (Street Address:33350—CR 25,Greeley,CO) Weld County Parcel Number:080518300015 5037212 Pages: 4 of 10 06/24/2025 02:57 P11 R Fee:$58.00 Carly Kopnes, Clerk and Recorder, Aeld County , CO III EI11I�1i 1n' IANH:I It ch; r i i+klIliiiiiii II if l 4 .5037212 Pages: 5 of 10 06/24/2025 02:57 PM R Fee:$58.00 Carly KoAPes, Clerk and Recorder, Weld County , CO EXHIBIT B NORTH WELD COUNTY.WATE.R DISTRICT AMENDED AND RESTATED WATER DEDICATION POLICY I. Water Dedication Requirements. A.. Projects in which the District has. an executed Water Services Agreement with Owner/Developer as of September 13,2020. i. Development Requiring-Less than 5-Acre Feet of Water.. Any owner or developer of real property who has an.executed WaterService:Agreement with the 'District as of September 1.3, 2020,'ar d who is requestirig.water taps requiring less. 'than five (5) acre.feet of water for as development project, whether on one.(1) or more separate lots,tracts or parcels,shall,,at its election,either.®pay to the District a cash payment in lieu of dedication of raw water in accordance.With the then applicable cash-in-lieu payment schedule adopted by the District_from time.to time or(ii)'transfer acceptable raw waterrights..to the.District in satisfaction.of the.raw water requirements for such development project. ii. Development Requiring 5-Acre Feet or More. Any owner or developer of real.property, whether acting.alone.or through one:(1) or more Affiliates, who has an.executed Water Service.Agreement with the District as of September 13, 2020, and Who is requesting water taps requiring f ve (5) acre feet ormore'of water for a development property,whether-on one (1).Or more separate.lots, tracts or-parcels, shall,'at'its election, either.(i)transfer acceptable raw water rights to.the District.in satisfaction of the raw water requirements. for such.development 'project or .(ii) transfer acceptablewater rights to. the District in satisfaction of seventy percent (70%) of the raw water requirements for such development project and pay to the District.a cash payment in.lieu .of dedication of raw water in satisfaction. of`the remaining thirty percent(30%) of the raw water,requirements.in accordance.w.ith the then applicable cash-in-lieu payment schedule adopted by the'District from tine to time. For purposes of this Resolution,the term"Affiliate":shall mean-any individual orentity'that directly or indirectly through.one(1)or more intermediaries controls or is controlled by or is. under common control with another specified individual or entity. ii.i. Cash-in-Lieu.Payment Rate.. The cash4n4i.eu.payment rate to be charged by the-District in lieu of.dedication of raw water shall be.Fifty-Eight Thousand 724,0007 5 Dollars ($58,000.00) per C81.orado-Big Thompson (C-BT) unit until further. Modified by the Board of Directors. B, Projects In which a Water Service Agreement between the Owner/Developer.and District was not,executed:as,of September i 3,2020. i. Raw Water Dedication. The owner or developer shall transfer acceptable: raw water rights to the District in satisfaction of one-hundred percent.(100%)ofthe raw water requirements for.such development.project. The District willnot accept. cash payments in lieu.of such raw water.dedication.Notwithstanding the foregoing, Owners or developers purchasing a.single tap from:the District may make.a cash- in-lieu payment to-the District in lieu.of making a raw:water dedication,which cash- in-Iieu payment shall be in accordance with the then applicable cash-in-lieu payment schedule adopted by the District,.as.may be-amended from time to time. The foregoing exception to dedication of one-hundred.percent(100%0)of the raw water requirements for single tap: purchases is not available for :recorded exemptions approved by a:County. In the event,a recorded exemption is approved by a County, owners:and/orrdevelopers of such divided:and exempted properties are not eligible.to purchase single taps from the District,and,.therefore,are required to transfer the required raw water rights to the District in satisfaction of One- hundred,percent(100%) of"the raw water rights requirements as set forth in this paragraph. ii. 'Phased Approach. Dedication :of raw water rights. may be in: a phased approach to'.be agreed upon in writing by the.District and the owner or developer, and: which shalt be, memorialized in a Water Services: Agreement.between the District.and-the owner or developer.No:water taps ferny phase of development shall he issued until the,agreed upon raw water dedication has been made:for the applicable phase:of development. C. .Developers/Owners subject •to Paragraph LA Requirements May Opt-in -to Paragraph I.B Requirements. Developers and owners subject to the raw water and cash-in-lieu dedication requirements set forth in paragraph I.A, above, may opt to be' subject to the requirements set forth in paragraph LB by submitting a written request to. the District and entering*Iowan amended Water Services Agreement with the District setting forth the new dedication requirements. Any District costs associated with the amendment to the existing Water Services Agreement shall be:.paid in full by.the developer or owner. 224s.o007 6 5037212 Pages: 6 of 10 08724/2025 02:57 PM . R• Fee:$58,00 Carly Konnes, Clerkrk and Reccgorder.; Weld County . CD 1i. General Requirements for all Water Rights Dedications A. Water Rights Acceptable to: District Only those water rights determined to be acceptable by the District shall be eligible for use in satisfying the District's raw water requirements: Conversion factors for such raw water rights and the determination of the amount of water available for allocation from such raw water rights shall be within the sole discretion of the Board of Directors. B'. Transfer of Water Rights.. Water rights'dedicated to the District.and assigned for use to a.subdivision or other real property shall.not thereafter'be re-assigned tog another subdivision or other real property without the prior written authorization of the District, which authorization shall be Within..the sole and. absolute discretion of the Board of Directors.All water rights dedicated to the District shall be owned the District and the person or entity dedicating such water rights to the District shall have no further ownership interest'in the raw'water rights.. C. Costs and Expenses of Water Dedication. All costs and expenses to dedicate water rights to the District to satisfy the raw water icquiremcnts of the District shall be.paid by the person or entity required to dedicate the water rights to.the District All costs and expenses necessary to change such water rights so that they can be diverted'and used by the District for potable and non-potable water'use shall be paid by the person or entity required to dedicate the.water rights to the:District, or his,her or its successor in interest,. by:payment of all required Water Court transfer fees. D. Overlapping M.unieipalities with Higher Water Dedication Requirements.. Notwithstanding anything.in this..Amended and Restated Water Dedication.Policy to the, contrary,.if a municipality overlapping with the District or the District's"Service:Area, as may bee.defined in any.agreement between the District and the overlapping municipality,. requires a higher amount of water:dedication under its water dedication policies and/or under a water service agreement between the municipality and the. then the owner/developer shall.be required to dedicate such higher amount to the.District. HI. Under Dedicated Commercial Customer Dedication Requirements Non-residential or wholesale water meter users("Commercial Customers") determined by the.Districtto'have not previously dedicated waterresources sufficient to meet their current usage("Under Dedicated Commercial Users")shall be allowed.to dedicate additional water resources to the.District in an amount equal to the difference between the amount of water .resources already dedicated to the District and,fifty.-percent(50%) offthe Commercial Customer's"Calculated Maximum Annual Volume"(defined below). 2248.0007 7 5037212 Pages: 7 of 10 0fi/24/2025 02 S7 Pit R Fee:$5$.00 Carly KopPes, clergy and Recorder, Weld Ceunty Go 5037212 Pages: 8 of 10 06/24/2025 02:S7 PM R Fee:$58.00 Carly Konpes, Clerk and Recorder. Weld County CO 11111 Calculated Maximum Annual Volume is calculated asthe most recent five(5)year average of the Commercial Customer's maximum annual usage,minus ten percent(10%). In general,a Commercial Meter is classified as a water tap with an allocation of more than four(4)acre-feet of water. 2248.0007 8 ©�.�to 1 NORTH WELD COUNTY WATER DISTRICT Z 32825 CR 39 • LUCERNE,CO 80646 P.O.BOX 56 • BUS:970-356-3020 • FAX:970-395-0997 Gyr y� %%`P11.tiWt N/'I).i11c, • EMAIL:WATER@NWCWD.ORG } �nreRv EXHIBIT C Table No.1-Tap Options and Requirements Raw Plant Distance Meter Water Plant Investment Water Investment Fee Set Fee Allocation Allocation (Annually) (Annually) Full Standard Tap 100% 100% 100% 100% 228,000 Gallons 228,000 Gallons Restrictions Lot Size greater than 0.33 Acres(14,375 sq.ft) 75%Tap 75% I 100% I 100% 100% I 1171,000 Gallons I 171,000 Gallons Restrictions Lot sizes greater than 0.20 acres(8,712 sq.ft)but less than 0.33 Acres(14,375 sq.ft)OR landowners with adequate,verifiable irrigation rights or well permits for outside water use 50%Residence Tap 50% I 100% I 100% l 100% I 114,000 Gallons I 114,000 Gallons Restrictions Lot size less than 0.20 acres(8,712 sq,ft)OR with a Board Approved irrigation System OR a Board Approved Commercial Enterprise A tap may be allotted more than 1 unit of Water and/or Plant Investment. In this case the allotment is the unit/class X 228,000 gallons=Annual Allocation.(i.e.Water Allocation 5 x 228,000=1,140,090 gallons Annual Allocation) Surcharge will be assessed when an account's year to date usage exceeds the Water and/or Plant Investment Allotment. See Paragraph 14 and Table 4 for Rates. Table No.2..District Tap Fees TAP FEES(Assumed for Full Standard Tap) INSTALLATION COST Raw Water for One Acre-Foot Unit(AFU) Effective 0110112023. Fee may change at Board Meeting Dedication Meter Set Fee Per Tap $2,400 each month. See nwcwd.org for current information. Base Portion of Plant Investment Fee $21,900 Distance Portion of Plant Investment Fee(11 miles) $5,500 TOTAL Up-Front COSTS PER TAP $29,800 Full Standard Tap • The amount of Raw Water to be dedicated to the District will be finalized after the Plan Review stage. , • Multiple Line Extensions are required to serve the 9-Lot Minor Subdivision. The Line Extensions required are approximately 2.75-miles of 8-inch waterline,as shown in Exhibit D. Agent/Owner will be required to submit a Plan Review to progress with the Line Extensions. See Paragraph 15 above and the workflow diagram available at nwcwd.org for details. • The required Line Extensions will provide 1,000 gpm Fire Flow to the Subdivision. See Table No.1 for Options and/or Restrictions. Cost will exclude Line Reimbursement Fee&Supplemental Fee if applicable unless otherwise stated. See Paragra?h 15 for Details Price is valid for ten(10)business days from receiving this Letter. Minimum Pressure _ 35 psi Normal Pressure Range 70 psi to 90 psi Maximum Pressure 90 psi Table No.3_Usage Rates and Fees Usage Amount Charge or Rate Per Month 0 to 6,000 gallons $29.94 Minimum 6,000 gallons and up $4.99 per 1,000 gallons(Kgal) Table No.4-Plant Investment Surcharge Rates All usage exceeding the Plant Investment Allotment _ $4.50 per 1,000 gallons(Kgal) 5037212 Pages: 9 of 10 06/24/2025 02:57 Piz R Fee:$58.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 FLAM i r 111411r141F:r,^li ii141111 III 44241, CR 25 Lot B West LLC, 33350- CR 25 EXHIBIT 'D R 111W....0-41 Nit A i '-' . 1111L::::icilt 4.: N• I:D T +� -J72 t+ n f 1.. - . Via IP'' I ill ‘ -. ..... h i V ,'RKl v � .. i:- _ 144111 -4.- f j r 8-inch Line Extension ._ -. i '' �3 ' 7`,}r MA[3 ET ItL) ti tea. .' L "t • _ ,� _ 8-inch Waterlines ' within Subdivision - - MAA" I)F: • 1La�--- _ ilk' - _ J-err ' r - • 8-inch Line Extension - ,.� ' - I l _ -- HIGHWAY .39 North Weld County Water District water service is available, according to the terms of this letter, to: Proposed 9-Lot Minor Subdivision located at 33350- CR 25. Data layers that appear on this map may or may not be accurate,current,or otherwise reliable. DISCLAIMER: This product has been developed solely for internal use only by Weld Counts The GIS database,applications,and data in the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL ANY PART TP "" " WARRANTIES OR GUARANTEES,EITHER EXPRESSED OR IMPLIED AS TO THE O 5037212 Pages: 10 of 10 .NY LIABILITY,ARISING FROM ANY ENCORRECT,INCOMPLETE OR N 06/Z4/2025 02:57 PM R Fee:$58.00 Carlyl koplpes, Clerk andRecorder, Weld County�`� , CO ` 11111
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