HomeMy WebLinkAbout20140464.tiff MEMORANDUM
dote'
TO: Diana Aungst, Planning Services DATE: December 9, 2013
tp[, FROM: Donald Carroll, Engineering Administrator
�E] Public Works Department
2_ C du N T Y SUBJECT: USR13-0053, PTI USA Manufacturing LLC
The Weld County Public Works Department reviewed the submitted application for critical items,
including but not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical
Soils Report, and Flood Hazard Development Permit. A detailed review of these items was not
completed at this step in process. Comments made during this stage of the review process will
not be all inclusive; as revised materials are submitted other concerns or issues may arise. All
issues of concern and critical issues during further review must be resolved with the Public
Works Department.
COMMENTS:
CR 48 has been annexed by the Town of Johnstown. Access and right-of-way requirements will
be determined by the Town.
REQUIREMENTS:
Noxious Weeds:
Should noxious weeds exist on the property or become established as a result of the proposed
development, the applicant/landowner shall be responsible for controlling the noxious weeds,
pursuant to Section 15-1-180 of the Weld County Code.
Traffic Study:
The overall parcel has three (3) existing accesses off State Highway 60 to the north and one (1)
existing access to the south from Basher Drive.
Drainage Report:
The historical flow patterns and run-off amounts will be maintained on site.
Grading Permit: If more than one acre is to be disturbed, a Weld County Grading Permit will be
required prior to the start of construction.
Flood Hazard Development Standards:
This area IS NOT in a Special Flood Hazard Area (SFHA) as determined by the Federal
Emergency Management Agency (FEMA).
C:\Users\kford\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.lE5\RR4QROCkUSR13-0053[1].docx
'oats
$186" � MEMORANDUM
_ �■Ii �� TO: DIANA AUNGST, PLANNING SERVICES
v� ai�J N TY FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH
C Q- -T
SUBJECT: USR13-0053
DATE: DECEMBER 20,2013
Environmental Health Services has reviewed this proposal for a Site Specific
Development Plan and Use by Special Review Permit for a use permitted as a
Use by Right, an Accessory Use or a Use By Special Review in the Commercial or
Industrial Zone Districts (storage area for modular units) in the A (Agricultural) Zone
District.
According to the application, there will be approximately 10 employees accessing the
site during operation hours. Sanitary facilities will be provided via the PTI manufacturing
building on the adjacent parcel. The existing facility is serviced by Johnstown water and
sewer.
The waste handling plan stipulates that no units will be constructed on the site so waste
will not be generated. Any debris will be collected and put in the PTI dumpster located
on the adjacent facility which is serviced by Gallegos Sanitation.
The dust abatement plan states that the access drives, driving lanes and storage yard
areas will be graveled. A water truck will be utilized if necessary.
We have no objections to the proposal; however, we do recommend that the following
conditions be part of any approval:
We recommend that the following requirements be incorporated into the permit as
development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed
for final disposal in a manner that protects against surface and groundwater
contamination.
2. No permanent disposal of wastes shall be permitted at this site. This is not
meant to include those wastes specifically excluded from the definition of a
solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,
C.R.S., as amended.
3. Waste materials shall be handled, stored, and disposed in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with the
approved "waste handling plan", at all times.
4. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
The facility shall operate in accordance with the approved "dust abatement
plan", at all times.
5. This facility shall adhere to the maximum permissible noise levels allowed in
the Commercial Zone as delineated in Section 14-9-30 of the Weld County
Code.
6. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility, at all times.
7. The operation shall comply with all applicable rules and regulations of State
and Federal agencies and the Weld County Code.
2
l h r
Johnstown
December 18,2013
Weld County Department of Planning
918 10th St.
Greeley,CO 80631
Attn: Diana Aungst,Planner
Re: Case Number USR13 -0053
Thank you for the referral.
This property is within the Johnstown Planning Area. The Johnstown Area Comprehensive Plan
designates the area as Commercial/Employment. The property is within the Town's Central Wastewater
Treatment Plant service area. The property is contiguous to Town limits and is eligible for annexation.
Johnstown worked with PTI, Upstate Colorado and the State Economic Development Office to
encourage PTI to move into the former BarVista housing plant in the I-25 Gateway Center. The Town
desires to retain PTI as a growing local employer. Johnstown's support for this application is based upon
our long lead time for annexation to the Town(approximately one year), and because PTI expressed the
urgent need to develop the 22±-acre storage area adjoining their plant.
We have discussed annexation and this application with PTI, and support the application with the
understanding that the property would be annexed to the Town and connected to Town water and sewer
before additional development is to occur.
Sincerely,
John Franklin, AICP
Town Planner
Copy to Johnstown Planning and Zoning Commission
r
ec 61f IgdltA,e9{f
1861 Weld County Referral
couNtY
November 25, 2013
The Weld County Department of Planning Services has received the following item for review:
Applicant: PTI USA Manufacturing, LLC Case Number: USR13-0053
Please Reply By: December 23, 2013 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use By Special Review Permit for a use permitted as a
Use By Right, an Accessory Use or a Use By Special Review in the Commercial or Industrial Zone
Districts (storage area for modular units) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A(Agricultural)Zone District.
Location: South of and adjacent to HWY 60 and west of and adjacent to Interstate 25
Parcel Number: 106103000014-R4653786 Legal: PT NE4 SECTION 3,T4N, R68W PARCEL B REC
EXEMPT RE-226 of the 6th P.M.,Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
P.Michael Bruner Date 1/21/2014
Signature
Agency Berthoud Fire Protection District
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.90631 (970)353-6100 ext.3540 (970)304-6498 fax
Berthoud'Fire Protection District
1/21/2104
To: Diana Aungust,Planner
RE:New requirements for PTI USA Manufacturing,LLC
Case#USR13-0053
Dianna:
I am writing to request that you retract the comments sent by me on 1/4/2014,for PTI USA
Manufacturing 390 Mountain View Road,Berthoud Colorado.I have visited the site and spoke Mr. Brett
Koth,Project Manager and Lance Malburg,Civil Engineer in detail about the proposed development
plan. The following comments supersede my previous requirements for this outside storage only facility:
• The site requires two access points.The east access point as shown is sufficient as designed.An
all-weather surface along the west side road of the property is required including one access gate
with a width of at least 20'.Access roadways throughout the storage yard are sufficient at 30'
wide and also require an all-weather surface.
• Access gates shall be secured with locks and chains. If other locking mechanisms are utilized,
Knox type lock boxes are required.Knox box applications can be picked up at Berthoud Fire
Department Station# 1. 275 Mountain Ave.Berthoud.
• Water supply is sufficient in the industrial park. Berthoud Fire Protection District has the
capability to provide long hose lays utilizing large diameter hose to provide the needed fire flow
to this facility.
• Annual Fire Inspections are required.
Please do not to contact me with any questions or concerns.
Respectfully,
P. Michael Bruner
Fire Marshal
Box 570 .275 Mountain Avenue•Berthoud, CO 80513
(970) 532-2264 Phone•(970) 5324744 Fax• svww:berthoudfire.org
11/26/2013 TUE 10: 50 FAX 9705323734 L T w n ®001/001
sb� Weld County Referral
.,c o.0 NrT-..Y
November 25,2013
The Weld County Department of Planning Services has received the following item for review:
Applicant: PTI USA Manufacturing, LLC Case Number: USR13-0053
Please Reply By: December 23, 2013 Planner: Diana Aungst
Project A Site Specific Development Pian and Use By Special Review Permit for a use permitted as a
Use By Right, an Accessory Use or a Use By Special Review in the Commercial or Industrial Zone
Districts (storage area for modular units) provided that the properly is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A (Agricultural)Zone District.
Location:South of and adjacent to HWY 60 and west of and adjacent to Interstate 25
Parcel Number: 106103000014-R4653786 Legal: PT NE4 SECTION 3,T4N, R68W PARCEL B REC
EXEMPT RE-226 of the 6th P.M.,Weld County,Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new Information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
✓ We have reviewed the request asid find that It does/does not comply with our Comprehensive
Plan because: `:1 rc- /Mr l e4c-
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature .".:.._. Date I t G'. (,' f t/5
Agency LT Dit..t::. 1( eiv:1)1Sry, uv il.11;/i. DkiliiJl.�!
L 'T k/ f) F!•g• > L..if 7'/X t- i i s `L; //G-c-i'6 04 r, j)//6-/v i s
t ,G-ir va: F/.J (1)/f//67/4 t , 1-'u/ 'd-/ 4?6'�-v t,f . Liz i+I
!r� jV/ f /2/I/(C-/} i.. l• /yid..A—A.. , /jfr -L; 7 C/24/4
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-0100 ex1.3540 (970)304-6498 fax
Submit by Email.
t8 Weld County Referral
•
U��G��NTY
November 25, 2013
The Weld County Department of Planning Services has received the following item for review:
Applicant: PTI USA Manufacturing, LLC Case Number: USR13-0053
Please Reply By: December 23, 2013 Planner: Diana Aungst
Project: A Site Specific Development Plan and Use By Special Review Permit for a use permitted as a
Use By Right, an Accessory Use or a Use By Special Review in the Commercial or Industrial Zone
Districts (storage area for modular units) provided that the property is not a lot in an approved or
recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations
controlling subdivisions in the A(Agricultural)Zone District.
Location: South of and adjacent to HWY 60 and west of and adjacent to Interstate 25
Parcel Number: 106103000014-R4653786 Legal: PT NE4 SECTION 3,T4N, R68W PARCEL B REC
EXEMPT RE-226 of the 6th P.M.,Weld County, Colorado.
The application is submitted to you for review and recommendation. Any comments or
recommendation you consider relevant to this request would be appreciated. Please reply by the
above listed date so that we may give full consideration to your recommendation. Any response not
received before or on this date may be deemed to be a positive response to the Department of Planning
Services. If you have any further questions regarding the application, please call the Planner
associated with the request. Please note that new information may be added to applications
under review during the review process. If you desire to examine or obtain this additional
information, please call the Department of Planning Services.
We have reviewed the request and find that it does/does not comply with our Comprehensive
Plan because:
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Signature � l�� Date 12/2/13
Agency `Division of Water Resources
Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO 80631 (970)353-6100 ext.3540 (970)304-6498 fax
��. --14ON- DEPARTMENT OF NATURAL RESOURCES
,8� DIVISION OF WATER RESOURCES
fs
John W.Hickenlooper
/87G �` Governor
Mike King
Executive Director
December 2, 2013 Dick Wolfe,P.E.
Director
Diana Aungst
Weld County Planning Services
Transmission via email: daungst(c�co.weld.co.us
RE: PTI USA Manufacturing, LLC
Case No. USR13-0053
Pt.NE Y4 Section 3, T4N, R68W
Water Division 1,Water District 4
Dear Ms. Aungst:
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a),
C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to
county planning directors, this office will only perform a cursory review of the referral information and provide
informal comments. The comments do not address the adequacy of the water supply plan for this project or
the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the
comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the
issuance of a well permit, or physical availability of water.
The application is for a site specific development plan and use by special review permit to allow a
storage area for modular units on a 124.91-acre parcel. The storage yard will encompass approximately
21.6 acres in the southwest corner of the parcel, adjacent to an existing manufacturing facility. The open-air
storage yard will be used to temporarily store modular units that were constructed in the manufacturing
facility until they are shipped. The storage yard will be used by existing employees and is anticipated to be
visited by no more than ten employees per day.
Domestic and irrigation water are not proposed to be required for the storage yard. Water service is
currently provided to the manufacturing facility by the Town of Johnstown. The property also has 12 shares
in the Consolidated Home Supply Ditch and 8 shares in the Harry Lateral Ditch Company. If the storage
yard requires water service in the future, service will be requested from the Town of Johnstown.
Two water quality ponds are proposed to capture runoff from the site. Any stormwater runoff
intercepted by the proposed water quality ponds that is not diverted or captured in priority must infiltrate into
the ground or be released to the stream system within 72 hours. Otherwise, the applicant will need to make
replacements for evaporation.
Should you or the applicant have any questions, please contact Sarah Brucker of this office.
Sincerely,
/
Tracy\t\. P.E.
Water Resource Engineer
TLK/srb. PTI USA Manufacturing USR13-0053.Docx
Office of the State Engineer
1313 Sherman Street,Suite 818• Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589
www.water.state.co.us
STARR & WESTBROOK, P.C.
ATTORNEYS AT LAW
210 EAST 29TH STREET
LOVELAND,COLORADO 80538
TELEPHONE 970-667-1029
FACSIMILE 970-669-3841
RANDOLPH W. STARR Email Randv(ai)star westbrook.com
MICHAEL A.WESTBROOK Email Mike@starrwestbrook.com
Friday,November 29, 2013
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Email only: daungst@weldgov.com
Attention: Diana Aungst, Planner
Re: PTI USA Manufacturing LLC -File Number USR13-0053
Comments of The Harry Lateral Ditch Company
Dear Ms. Aungst:
The following are the comments of The Harry Lateral Ditch Company(the Company)with
respect to the above proposal.
1.The Company requests that the County require that an agreement be entered into between
the Company and all of the property owners(and all lienholders)setting forth the provisions that are
discussed in this letter. The execution and recording of this Agreement should be a condition of
approval of this development by the County.A blank form of the Agreement is enclosed with this
letter.
2.The Company has an easement for its ditch system across the property which is included
within the development. Although the Company has not had its ditch system surveyed in this area,
the Company has identified an easement width as 60 feet, being 30 feet on each side of the center
line.Additional easement will be required, if necessary,to obtain a 25 foot strip on each side of the
ditch(from the edge of the ditch for driving access and maintenance).The plat should be amended to
show the Company's easement correctly.Additional easement area is necessary for structures such as
lateral ditches used to irrigate the development property and other property in the area, checks,
headgates and access easements.The plat must also show the location of any lateral ditches.The plat
should be corrected to show the actual location of the lateral ditches,and an easement width should
be shown for each lateral.
It should be noted that The Consolidated Home Supply Ditch And Reservoir Company does
NOT have a ditch across this property.There appears to be a private lateral ditch that parallels the
ditch of Harry Lateral Ditch Company.Sufficient easement area for this ditch should be allocated for
this private ditch. The Plat Map should be changed to reflect the correct information on the ditch
easement area on the property.
Weld County Planning Division -2- Friday,November 29,2013
3. The development apparently shows no crossing over the ditch of the Company. If a
crossing would be necessary, whether for roads, utilities, or other facilities, the Company would
require that no crossing of its ditch will be allowed without the prior written approval of the
Company.
4. The Company has the authority to cut and remove trees within its right of way and the
Company wants the applicant to acknowledge that the Company will,at an appropriate time,remove
any and all such trees on the applicant's property.The Company wants the applicant to acknowledge
that the applicant and its successor owners may not plant or otherwise landscape the ditch easement
and right of way.The Company also has the authority to install and maintain a road along each ditch
bank for its purposes.A note should be inserted on the plat of the development regarding these
issues.
5.The applicant must not place any fence within the right of way,and particularly across the
right of way;and the applicant should agree not to install any gates or fences near the ditch company
right of way without the prior written approval of the Company. Any fences approved by the
Company along the ditch easement must be fireproof and stock proof to prevent damage by cleaning
of the ditch by burning and by humans and livestock and other sources to the ditch.There will not be
permitted any livestock watering in the ditch.A chain link type fence should be constructed along the
boundary of the Company's easement if a fence is to be constructed.A note should be inserted on
the plat of the development regarding these issues.
6.The Company would identify to the applicant and the County that there may be subsurface
waters that arise in the area of this development and that there are periods of time when,due to water
flowing within the ditch system and otherwise, that portions of the property receive significant
amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this
problem,the utility of certain portions of the property for construction of structures could potentially
be unavailable. The Company has no plans to alter its operations as it would cure this surface and
subsurface water issue.A note should be inserted on the plat of the development regarding these
issues.
7.The Company wants the applicant to agree that all earth moving and landscaping shall be
accomplished so that all return flow and waste water from irrigation will return to the historic point
of discharge.The applicant should acknowledge that historic irrigation and drainage patterns should
be maintained on the property so that there are no changes in the operation of the Company's
facilities. A drainage plan should be required to be prepared by a licensed engineer to analyze and
report on any change in drainage patterns caused by the development of the property.The Company
should be provided a copy of that plan and the Company should have the opportunity to review and
comment on the plan. All drainage facilities constructed by the developer should be operated,
maintained, repaired and replaced by the appropriate governmental entity.
8.The applicant should be required to maintain the existing irrigation and drainage patterns
so that the quality of water entering the ditch from irrigation and from precipitation and other sources
Weld County Planning Division -3- Friday,November 29,2013
is maintained, and so that there is no change in point or type of drainage into the ditches that will
occur. The applicant should be required to monitor and identify any pollutants or other hazardous
materials that enter the ditch and should agree to stop any such deposit in the ditch system.A note
should be inserted on the plat of the development regarding these issues.
9. The applicant may own stock in the Company, and may also own water in the
Consolidated Home Supply Ditch And Reservoir Company and through the Northern Colorado
Water Conservancy District, or otherwise. The developer should explain its plan for continued
irrigation of the development property.
10. The Applicant should acknowledge that: 1)No livestock watering, swimming, tubing,
canoeing or other use of the ditch or water in the ditch is allowed; 2) No dumping of refuse,
including but not limited to household garbage, waste materials, grass clippings, tree and shrub
prunings, motor oil, chemicals, pesticides or herbicides is allowed; 3)No pumps for lawn or other
irrigation are allowed in the ditch; 4) No use of the ditch easement for hiking, biking, horseback,
motorcycle,off road vehicles or other motorized or non-motorized vehicle shall be allowed. A note
should be inserted on the plat of the development regarding these issues.
If further information is needed concerning these comments then you should contact me.
Sincerely,
Randolph W. Starr
Ene:Agreement
Pc
President
The Harry Lateral Ditch Company
Owner and Owners'Address
PT1 USA Manufacturing,LLC
Brett Koth
390 Mountain View Road
Berthoud,CO 80513-6190
brettkot potierouo.com
Engineer and Engineer's Address
Joseph M.Erjavec
Creston Consultants,LLC
14145 West Warren Circle
Lakewood,CO 80228
joe(/dcretonelle Qom
AGREEMENT
This Agreement (the "Agreement"), is between THE HARRY LATERAL DITCH
COMPANY, a Colorado mutual irrigation company ("Ditch Company") and PTI USA
Manufacturing,LLC,a Delaware limited liability company authorized to do business in Colorado
("Landowner"), and is upon the following terms:
1. Subdivision and Ownership. Landowner is the owner of all of the property known as:
Lot B, Recorded Exemption No. 1061-3-1-RE 226, according to Plat recorded
August 17, 1976 in Book 774,at Reception No. 1696408,being located in the NE'A
of Section 3, Township 4 North, Range 68 West of the 6th P.M., County of Weld,
State of Colorado, except that portion conveyed by deeds recorded in book 1593 at
Page 290, and in book 1567 at Page 77,
a copy of which is attached hereto as Exhibit A (the "Subdivision"). Landowner represents and
warrants that Landowner is on the date of execution of this Agreement the sole owner of the
Subdivision. Landowner does not have any lien(s).
2.Background and Purpose.Landowner desires to obtain approval of the Ditch Company for
certain matters required by the Weld County,Colorado,Board of County Commissioners relating to
the conditional approval of the Subdivision.The Ditch Company's interests will be benefited by the
granting of its approval through the terms and conditions of this Agreement. Therefore the parties
acknowledge that valuable consideration exists for this Agreement among the parties. Landowner
shall promptly reimburse or pay directly all of the Ditch Company's engineering and legal expenses
incurred in the negotiation,administration and effectuation of this Agreement.Landowner agrees to
pay all of the other fees and expenses provided for in this Agreement.
3. Ownership and Administration of Ditch Company Stock. Landowner owns 8 assessable
shares of the Ditch Company which have historically been used to irrigate for agricultural purposes
the Subdivision.Landowner also owns 12 assessable share of The Consolidated Home Supply Ditch
And Reservoir Company. Landowner desires to continue to have the Subdivision and open space
areas irrigated by water from the ditch of the Ditch Company.Landowner shall obtain all necessary
approvals to be able to use such water for such purposes.
4.Ownership of Ditch Company Property Rights.The Ditch Company has an easement and
right-of-way for its ditch,and appurtenant facilities described on the plat attached hereto.Landowner
recognizes and confirms said ownership of the Ditch Company. Landowner agrees to execute an
easement in the form of Exhibit B attached hereto to have the Landowner confirm and convey the
property rights of the Ditch Company. The easement shall be recorded at the expense of the
Landowner along with this Agreement. Landowner grants and confirms to the Ditch Company an
exclusive easement for the Ditch Company's irrigation ditch and appurtenant facilities as shown on
the recorded survey plat of the Ditch Company's system together with rights of ingress and egress for
Ditch Company purposes over and across the Subdivision.The width of the ditch easement is sixty
feet, being thirty feet on each side of the centerline, and additional easement will be required, if
necessary,to obtain a minimum of a 25 foot strip on the top of the bank on each side of the ditch.
Page 1
5. Drainage.
5.01 There shall be no change made in the point, flow rate, volume, amount or type of
drainage into the Ditch.
5.02 Landowner shall not cause,suffer or permit any hazardous material,pollutant or other
foreign material to be deposited or discharged from or through the Subdivision into the Ditch or the
water carried within the Ditch.Any person,including Landowner,having knowledge of such deposit
or discharge shall immediately notify the appropriate governmental agencies and Ditch Company of
any potential or actual such deposit or discharge by any person.
6.Plat or Covenant Notes.The following notes shall be inserted by the Landowner onto the
Subdivision Plat or into the perpetual covenants that run with the title to the Subdivision:
A.The Ditch Company has an easement for its Ditch and has the authority to cut and remove
trees within its right of way and it is acknowledged by the owners of the property in the Subdivision
that the Ditch Company will, at an appropriate time,remove any and all such trees on the property.
The owners of the property in the Subdivision acknowledge that the property owners and successor
owners may not plant or otherwise landscape the Ditch right of way. The Ditch Company also has
the authority to install and maintain a road along each Ditch bank for its purposes.
B. The property owners may not place any fence within the Ditch right of way, and
particularly across the right of way;and the property owners shall not to install any gates or fences on
the Ditch Company right of way without the prior written approval of the Ditch Company. Any
fences approved by the Ditch Company along the Ditch easement must be fire proof and stock-proof
to prevent damage by Ditch cleaning by burning, humans and livestock and other sources to the
Ditch. There will not be permitted any livestock watering in the Ditch.There will not be permitted
any pumps in the Ditch. Cattle guards instead of gates shall be utilized on any Ditch road.
C.The property owner acknowledges and understands that there may be subsurface waters
that arise in the area of this development and that there are periods of time when, due to water
flowing within the Ditch system and otherwise, that portions of the property receive significant
amounts of subsurface water that is very near to the surface, or resides on the surface. Due to this
problem,the utility of certain portions of the property for construction of structures could potentially
be unavailable.The Ditch Company has no plans to alter its operations as it would cure this surface
and subsurface water issue. The Ditch may overflow and flood adjoining property and
improvements.Property owners shall be solely responsible for diverting all water that overflows the
Ditch; and the Ditch Company shall not be liable for damage caused to any property or
improvements due to water overflowing the Ditch.
D. The property owners shall maintain the irrigation and drainage patterns existing on the
date of this Agreement so that the quality of water entering the Ditch from irrigation and from
precipitation and other sources is maintained,and so that there is no change in rate,amount,point or
type of drainage into the Ditch that will occur.The property owners shall monitor and identify any
pollutants or other hazardous materials that enter the Ditch and should agree to stop any such deposit
in the Ditch system.
E. The property owners acknowledge that: 1) No livestock watering, swimming, tubing,
canoeing or other use of the Ditch or water in the Ditch is allowed; 2) No dumping of refuse,
including but not limited to garbage,waste materials,grass clippings,tree and shrub prunings,motor
Page 2
oil, chemicals, pesticides or herbicides is allowed; 3) No pumps for lawn or other irrigation are
allowed in the Ditch;4)No use of the Ditch easement for hiking,biking,horseback,motorcycle,off
road vehicles or other motorized or non-motorized vehicle shall be allowed.
F. No crossings of the Ditch are permitted without the prior written consent of the Ditch
Company and compliance with the rules, regulations and requirements of the Ditch Company.
7. Miscellaneous
7.01 Attorney Fees,Law and Venue.In any action brought by the Ditch Company to enforce
the provisions hereof,whether legal or equitable,and/or in any action involving Ditch Company and
Landowner or any successor of Landowner whether to enforce the provisions of this Agreement or
otherwise, the Ditch Company shall be entitled to reasonable attorneys' fees as fixed by the court.
This Agreement shall be construed under the law of the State of Colorado.Venue for all actions shall
be in the District Court of the county where the Subdivision is located.
7.02 Severability.The provisions hereof shall be deemed independent and severable,and the
invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not
affect the validity or enforceability of any other provision hereof.
7.03 Successors and Assigns.The terms,covenants,and conditions herein contained shall be
binding upon and inure to the benefit of the successors and assigns of Landowner, the Ditch
Company and each of them.Landowner's obligations hereunder shall terminate(and the successor(s)
to Landowner shall arise) on the date that Landowner conveys all of Landowner's interest in the
Subdivision to transferee(s).This paragraph shall apply to any property dedicated to or conveyed to a
governmental entity or any other person or entity by Landowner as a public improvement or utility.
All amounts due by Landowner to the Ditch Company or to its stockholders,or otherwise under the
Agreement shall be assessed against the Subdivision. In addition, the provisions hereof shall be
enforceable in equity as equitable servitudes upon the land and as covenants in an agreement
between owners. This Agreement affects the property and title of the Subdivision, and this
Agreement shall be recorded at the expense of Landowner,and after recording,the terms,conditions
and covenants of this Agreement shall become a covenant running with the land of the Subdivision.
This Agreement shall constitute a benefit and burden on the Subdivision and this Agreement shall be
enforceable by the Ditch Company or any of its shareholders,or both the Ditch Company and any of
its shareholders.
7.04 Construction,Waiver,Gender,Time of Essence.The provisions hereof shall be liberally
construed to effectuate their purpose of creating a uniform plan for the development and operation of
the Subdivision.Failure to enforce any provision hereof shall not constitute a waiver of the right to
enforce said provision or any other provision hereof.Whenever used in this Agreement,the singular
shall include the plural, the plural the singular, and the use of any gender shall include all genders.
Time is of the essence of this Agreement.
8. Liability and Indemnification.
8.01 Landowner and Landowner's successors and assigns hereby specifically waive and
release all known or unknown Claims,damages,rights of indemnity,rights of contribution or other
rights of any kind or nature for claims,damages,actions,judgments or executions that have arisen or
may arise out of the maintenance, operation or use of the Ditch Company's ditch and easement,
including, but not limited to: flooding due to overflow or breach of the Ditch Company's ditch;
Page 3
washing or erosion of the ditch bank;cleaning of the ditch and easement by any means including but
not limited to burning or chemical means; and excavation of the ditch and storage of residue.
8.02 As used in this Agreement,the term"Claims"means(1)losses,liabilities,and expenses
of any sort,including attorneys' fees;(2)fines and penalties;(3)environmental costs, including,but
not limited to,investigation,removal,remedial,and restoration costs,and consultant and other fees
and expenses; and (4) any and all other costs or expenses.
8.03 As used in this Agreement, the term "Injury" means (1) death, personal injury, or
property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened
health effect; and(4) any consequential or other damages.
8.04 Landowner covenants and agrees to at all times protect,indemnify,hold harmless,and
defend the Ditch Company, its directors, officers, stockholders, agents, employees, successors,
assigns,parents,subsidiaries,and affiliates from and against any and all Claims arising from,alleged
to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of,arising
from,or related to(1)this Agreement;(2)the construction,existence,maintenance,operation,repair,
inspection,removal,replacement,or relocation of the improvements and facilities on or adjacent to
the Easement;or(3)Landowner's or any other person's presence at the Subdivision as a result of or
related to this Agreement.
8.05 Landowner's duty to protect, indemnify, hold harmless, and defend hereunder shall
apply to any and all Claims and Injury, including, but not limited to:
(1) Claims asserted by any person or entity, including, but not limited to, employees of
Landowner or their contractors, subcontractors, or their employees;
(2)Claims arising from,or alleged to be arising in any way from,the existence at or near the
Subdivision of water or ditches or other associated facilities; or
(3) Claims arising from, or alleged to be arising in any way from,the acts or omissions of
Landowner or its sublessees, invitees, agents, members, or employees.
8.06 Landowner shall maintain adequate liability insurance with standard waiver of
subrogation endorsement to insure the risks undertaken as a part of this Agreement in an amount not
less than one million dollars or such other amount set from time to time by the Ditch Company
naming the Ditch Company and the other indemnified parties as additional insureds.A certificate of
such insurance shall be produced by Landowner upon request by the Ditch Company.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the
29th day of November, 2013.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
Page 4
PTI USA Manufacturing,LLC,a Delaware limited
liability company authorized to do business in
Colorado, as Landowner
Manager—
STATE OF )
ss.
COUNTY OF )
The foregoing was acknowledged before me this_day of ,2_,by
, as Manager, of Landowner.
Witness my hand and official seal.
Notary Public
My commission expires:
Page 5
THE HARRY LATERAL DITCH COMPANY, a
Colorado mutual irrigation company
By:
President—Mario Herrera
Secretary—Arielle Sawyer
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
The foregoing was acknowledged before me this_day of 2_,by
Mario Herrera,as President,and Arielle Sawyer,as Secretary of The Harry Lateral Ditch Company,a
Colorado mutual irrigation company.
Witness my hand and official seal.
Notary Public
My commission expires:
Page 6
EXHIBIT"A"
COPY OF SUBDIVISION PLAT
(insert)
Page 7
n.ap• ""`""'"" .. ,.: �: "'•'°' 00 'ALNf103 013% 'Mid H19 3HL JO e
t4,3 ' 17«..«,. .., =w w T 1 '£ '33S WI 3N JO 1aVd I is
ill
o 'wv7 ."gym+•••• .ntvcas<oc M89 M 'N4
suririfil786 moistato O IVA 3JV IO1S gym tali x q § m J 311‘ON12if113Yif1NVW Wu- U
VSfl Ild wwu , -
g 1 !
I Il1ii
g HHHHHHHHIIh
—ma._ z -' II7I '
Im %Illf o
i till '
X
X
1 t
W tss
W �
NhlSlA J[05 Mar�r At Or)
Q
i
Qur.
LoJ_J Ili A hk . s[
g ill
a) .,, i 8 ill
CO �, r I g gtl " y
3: 4 Pia
D i' t+ 1. 1 III ea i 4 iii , 3
il 4 801 ill il
VII
,,,,,1 (...,/, 4 e'll'T. ----' gi
io '''.4 f. \ , ,,,,.., „
II \el il ii.!I i
a
� \\:� i
Cpl ..y...�_ — _(4.----7.7„...1,64
0
4~ 4
! EMS
EXHIBIT"B"
EASEMENT AND RIGHT OF WAY AGREEMENT
This Easement and Right of Way Agreement,made and entered into effective as of the 29`h
day of November, 2013, by and between PTI USA Manufacturing, LLC, a Delaware limited
liability company authorized to do business in Colorado, hereinafter called "Grantor" (whether
grammatically singular or plural),and The Harry Lateral Ditch Company, 7967 E. County Road
14, Johnstown, CO 80534,hereinafter called the"Ditch Company."
1. For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Grantor hereby grants, sells, conveys and transfers to the Ditch Company, its
successors and assigns,the sole,exclusive and permanent right to enter,re-enter,occupy and use the
hereinafter described property to construct,reconstruct, inspect,upgrade, increase size or capacity,
operate, repair, maintain, replace, remove and operate one or more open irrigation ditches and/or
pipelines and/or reservoirs for the storage,transmission,distribution and service of irrigation water,
and all above ground and underground and service appurtenances thereto, including metering
stations, vaults, enclosures, identification signs, checks, headgates, dams and other fixtures, over,
across, under and upon the following described land, situate in the County of Weld, State of
Colorado, to-wit: Lot B, Recorded Exemption No. 1061-3-1-RE 226, according to Plat recorded
August 17, 1976 in Book 774,at Receoption No. 1696408,being located in the NE 'A of Section 3,
Township 4 North,Range 68 West of the 6th P.M.,County of Weld, State of Colorado,except that
portion conveyed by deeds recorded in book 1593 at Page 290, and in book 1567 at Page 77.
The easement and right of way for ditches shall be sixty feet wide,being thirty feet on each side of
the center line, or 25 feet from the top of the bank of the ditch on each side,whichever is greater.
2. Grantor further grants to the Ditch Company:
2.01 The right to grade the easement area for the full width thereof and to extend the cuts and
fills with such grading into and on the land along and outside of the easement to the extent as the
Ditch Company may find reasonably necessary;
2.02 The right to support the ditches and pipelines across ravines and water courses with such
structures as the Ditch Company shall deem necessary;
2.03 The right of ingress to and egress from the easement over and across all of the land of
Grantor by means of roads and lanes thereon, if such exists, otherwise by such route or routes as
shall occasion the least practicable damage and inconvenience to Grantor;
2.04 The right of grading for,constructing,maintaining and using such roads on and across
the lands as the Ditch Company may deem necessary in the exercise of the right of ingress and egress
or to provide access to property adjacent to the land;
2.05 The right to install,maintain and use gates and/or cattle guards in all fences which now
cross or shall hereafter cross the easement;
2.06 The right to mark the location of the easement by suitable markers set in the ground;
provided that any such markers remaining after the period of construction shall be placed in fences or
other locations which will not interfere with any reasonable use Grantor shall make of the easement;
2.07 All other rights necessary and incident to the full and complete use and enjoyment of the
right-of-way and easement for the purposes herein granted.
Page 1
3. Grantor hereby covenants and agrees:
3.01 That Grantor shall not erect or place any permanent building, structure, improvement,
fence or tree on the described easement,and the Ditch Company shall not be liable for their removal
if they are so placed, and Grantor agrees, at Grantor's sole expense to so remove such items.
3.02 That Grantor shall not excavate in or near the ditch and shall not diminish the ground
cover in the easement or over any water lines and shall not substantially add to the ground cover in
the easement or over the water lines or their appurtenances.
3.03 Grantor shall not grant any other easement,right-of-way,permit or license upon,under
or over said property without the written consent of the Ditch Company.
3.04 Grantor warrants that Grantor is the owner in fee of the above-described lands and will
defend the title thereto against all claims,and that said lands are free and clear of encumbrances and
liens of whatsoever character, except the following: None.
4. It is agreed by the parties:
4.01 Grantor reserves all oil, gas and other minerals in, on and under the above-described
lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere
with the rights and privileges herein granted to the Ditch Company.
4.02 Each and every one of the benefits and burdens of this easement and right-of-way shall
inure to and be binding upon the respective personal representatives, successors,and assigns of the
parties hereto.
4.03 The easement includes the right to clean by mechanical,chemical or burning the ditch
system,the right to deposit earth and other materials on the easement,the right to change the location
of the ditch within the easement or to place the irrigation system in an enclosed pipe.
4.04 The Ditch Company hereby expressly reserves an easement over and across the
Subdivision for the benefit of Ditch Company, its designated successors, their contractors,
employees,materialmen,and assigns for the purpose of conducting therein and thereon such work of
maintenance, improvement, construction, utility installation, development, and other reasonable
activities as the Ditch Company may deem necessary or desirable.
4.05 The Ditch Company is granted the full right and authority to cut,trim,remove,destroy,
or modify any trees, shrubs, grasses, structures, fences or other items within the easement or not
within the easement but may cause a hazard within the easement.Landowner shall not plant,place or
maintain any trees, shrubs, grasses, structures, fences or other items within the easement, nor shall
they plant, place or maintain any trees, shrubs, grasses, structures, fences or other items in such a
manner, nor shall they place or maintain fence within the easement. Gates or cattle guards shall be
installed in all fences so that the Ditch Company has easy passage to its ditch and facilities. The
Ditch Company shall be provided keys for all locked gates.
IN WITNESS WHEREOF the undersigned has set his hand and seal as Grantor.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
Page 2
GRANTOR-PTI USA Manufacturing, LLC, a
Delaware limited liability company authorized to do
business in Colorado
Manager
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2_, by , as Manager, of Grantor.
Witness my hand and official seal.
Notary Public
My commission expires:
Page 3
Hello