HomeMy WebLinkAboutAPPLICATION Water Tap 1230 Hondius LaneAPPLICATION FOR WATER TAP OUTSIDE TOWN LIMITS
TO THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO
The undersigned owner of the following described property outside the corporate
limits of the Town of Estes Park,Colorado,to-wit:
Lot hA,Amended Plat of Lot 11 and a Portion of Lot 31,Hondius Heights
Subdivision,according to Plat recorded March 25,2003 at Reception No.
20030035000,County of Larimer,State of Colorado
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aooadoesherebyapplytotheTownofEstesPark,Colorado,for permission to tap an Estes
Park waterworks distribution main at:
1230 Hondius Lane,3/4”water tap
for the purpose of supplying water to said property.It is expressly understood and
agreed by the undersigned that,if granted,the use of Town water on said property
shall be in consideration of and upon the following terms and conditions,to-wit:
1.The applicant shall pay all fees,costs or charges
incident to making said tap,as provided by the Town for water
users outside the Town limits.
2.The Town will furnish a water meter and other
appurtenances of such size and at such locations as may be
determined by the Town.The cost of such meter and
appurtenances,and the installation thereof,shall be at the m u -1
expense of the property owner and said meter and
appurtenances shall remain the property of the Town.9
3.If the property to be served by said tap shall ever be ,
included within the boundaries of a territory which is sought to mmobeannexedtotheTownofEstesPark,Colorado,either by
3 -10proceedinginitiatedbylandownersortheTownitself,then and
in that event,the undersigned specifically agrees that he will
consent to and join in the annexation of such territory to the
Town of Estes Park,Colorado;and that the undersigned will
comply with all of the legal requirements and conditions
pertaining to the annexation of territory to the Town of Estes
Park,Colorado,including payment of all fees and expenses
related to such annexation,such as,but not limited to,the
payment of area charges,the donation of land for park and
recreation purposes,the furnishing of water or water rights as
may be required at the time of annexation,and the dedication of
streets,utility and/or drainage easements.It is understood by the
undersigned that the primary consideration for the granting of this
application for a water tap,if this application is granted,is the
undersigned’s covenant and promise that he will consent to the
annexation of said territory to the Town of Estes Park,Colorado,
pay all fees and expenses as aforesaid,sign all petitions and
maps pertaining thereto,and donate and dedicate all required
property.
Applicant further covenants and agrees that,if he fails to sign any
such annexation petition and map when the above described
property is included therein or fails to abide by each and every
covenant herein contained,then and in that event,use of the
Town water on the above property may be terminated by the Town
of Estes Park,Colorado,upon the giving of thirty days’notice in
writing of its intention so to do.Furthermore,the undersigned
does hereby empower and irrevocably authorize and appoint the
acting Town Clerk of the Town of Estes Park,Colorado,his lawful
aftorney-in4act for him and in his place and stead,to sign,on
behalf of the undersigned,any such annexation petition and map
including the above described property therein,thereby binding
the undersigned to all of the terms and provisions of said petition
and map as fully as he might do himself and for all intents and
purposes as if he himself had signed said petition and map.This
power of attorney shall not be affected by the disability of
principal.This appointment shall not preclude the Town of Estes
Park,Colorado,from undertaking any other available action,
which may be necessary to enforce the provisions of this
application,including an action for a specific performance.Non-
use or abandonment of water service by applicant shall in no way
effect applicants’obligations pursuant to this paragraph.
4.Applicant agrees to abide by all of the rules,regulations and
ordinances of the Town of Estes Park,Colorado,and the laws of
the State of Colorado pertaining to the use of said water and to
pay the fees and charges therefor.
5.The applicant agrees,in connection with water to be
furnished to any improvements to be placed on any of the above
described property,before said improvements are placed thereon,
that the location and construction of the same shall be approved
by the Town Engineer of the Town of Estes Park,Colorado.
6.All of the terms and conditions herein set forth,shall extend
to and be binding upon the heirs,assigns or successors in interest
of the undersigned,and be a covenant running with the above
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described land.Furthermore,it is agreed that,in accepting title to
the above described property,any grantee,heir,assign or
successor in interest to the undersigned expressly agrees to be
bound by the terms hereof,including,but not limited to,the
appointment of the acting Town Clerk as attorney-in-fact for the
purpose set forth in Paragraph 3 above.
7.Until such time as the above described property is annexed
to and becomes a part of the Town of Estes Park,Colorado,
service of water to said property by the Town is limited to whatever
surplus water the Town may have available,and the right of the
applicant to receive service of water shall be subject to the prior
rights of water users located within the Town limits.
8.The water tap shall be used to furnish water to one
dwelling,business or residence only and each dwelling,business
or residence must be served by a separate tap;and the applicant
shall not sell water from said tap to any other person or permit
water from said tap to be used by anyone or any other property
than the above described.
9.The water furnished by the Town will be used by the applicant for
domestic use and consumption.
10.This application shall be recorded pursuant to the
provisions of Colorado Statutes;and the Town may undertake any
action legally available to enforce the provisions hereof in addition
to any remedy herein provided for.In the event the Town is
required to undertake any action to enforce the terms hereof,the
undersigned agrees that the Town may recover from the
undersigned its reasonable expenses,including attorney’s fees
and court costs incurred with respect to such action.
11.If any section,sections or provisions of this application is
declared invalid for any reason whatsoever by any competent
court,such invalidity shall not affect any other sections or
provisions of this application if they can be given effect without the
invalid section,sections or provisions.
12.The following grammatical rules shall apply to this application:
any gender includes the other gender;the singular number
includes the plural and vice versa;words used in the present
tense include the past and future tenses and vice versa,unless
manifestly inapplicable;and the words shall be construed
according to context and approved usage of language.
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13.If the applicant is a corporation,it has the power to enter
into this application,and its officers signing for it have full power
and authority to do so.In the event such power does not exist or
has not been granted,water service from the above water tap
may be terminated by the Town of Estes Park,Colorado,upon the
giving of thirty days’notice in writing of its intention so to do.
14.If the person or corporation signing this application is not
the owner of the real property described above,the tap granted in
accordance with this application shall become null and void,and
all water service through the same may be terminated by the Town
of Estes Park,Colorado upon the giving of thirty days’notice in
writing of its intention so to do.
IN WITNESS WHEREOF,the applicant has hereunto set his hand and seal this9thdayofdosinrLJ,20 /c7
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STATE OF Nd)vcts La
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County of /1-4ccrvi ‘
Subscribed and sworn to before me this 9 day of
______________,
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by Grcj Vccnsk.iycr Ofl.4 1Qo&oe Vctnstivc.r
Witness my hand and official seal.
F MICHELLE L.DEDRICK
[cenerNoLarY :t h,tttq_‘./.cjc
Notary Public
Commission expires:‘!Th_zc.Ltr I 3 2o2J
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