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Home My WebLink About008 Middle Creek Ditch Lateral Letter and attachements 21 Tyler Steinway From:carl sanders <carl@videredev.com> Sent:Thursday, May 12, 2022 5:14 PM To:Derek Williams Cc:Greg Allen Subject:Fwd: Gran Cielo Two Water Rights Hi Derek, Please see below. Begin forwarded message: From: Ray Akrawi <rayakrawi@me.com> Date: May 12, 2022 at 4:05:24 PM PDT To: carl sanders <carl@videredev.com> Cc: Greg Allen <Greg@cadiuspartners.com> Subject: Gran Cielo Two Water Rights Hi Carl, Could you please forward this on to Derek? Ray Hi Derek, Please find this email as confirmation of Bozeman Haus Two, LLC’s intent to withdrawal our interest in Statement of Claims 41H 103732-00, 41H 103733-00 and 41H 30151619. If you have any further questions regarding this matter please let us know. Sincerely, Ray Akarawi Bozeman Haus Two, LLC Manager 1 Tyler Steinway From:Derek Williams <derek@bridgerdevelop.com> Sent:Monday, May 2, 2022 7:37 PM To:Greg Allen; carl sanders Cc:Courtney Subject:FW: Middle Creek ditch lateral Attachments:Exhibit A.pdf; 2022-05-02 Ltr BRB to Wastewater Right Holders re No Impact - Bozeman Haus.docx Sorry guys, ignore the last email as it had the wrong attachment for the notification. Attached is the correct notification. Thanks. Derek Derek Williams, P.E. | Owner/Founder 5400 Fowler Lane Bozeman, Montana 59718 303-887-4045 derek@bridgerdevelop.com From: Derek Williams Sent: Monday, May 2, 2022 7:21 PM To: Greg Allen <Greg@cadiuspartners.com>; carl sanders <carl@videredev.com> Cc: Courtney <courtney@zerosixthree.com> Subject: RE: Middle Creek ditch lateral Hey Greg, Per our conversation earlier, attached is the site plan and notification of our development as required by the City of Bozeman newly adopted (January 2022) ordinance (BMC 38.360.280. Agricultural Water User Facilities and BMC 38.410.060. Easements). According to this ordinance there is a 45 day period for you to comment. So as we discussed, please provide a letter that states you do not desire to continue receiving the water and intend to terminate your rights through DNRC. I will submit the letter to the City with our resubmittal as your comments to our notification. We will also remove all of the proposed ditch piping through our property from our plans and resubmit that to the City as well. Thanks and let me know if you have any questions. 2 Derek Derek Williams, P.E. | Owner/Founder 5400 Fowler Lane Bozeman, Montana 59718 303-887-4045 derek@bridgerdevelop.com From: Greg Allen <Greg@cadiuspartners.com> Sent: Wednesday, April 27, 2022 5:53 PM To: carl sanders <carl@videredev.com>; Derek Williams <derek@bridgerdevelop.com> Cc: Courtney <courtney@zerosixthree.com> Subject: RE: Middle Creek ditch lateral We mean surrender or forfeit the rights. From: carl sanders <carl@videredev.com> Sent: Wednesday, April 27, 2022 3:31 PM To: Derek Williams <derek@bridgerdevelop.com> Cc: Greg Allen <Greg@cadiuspartners.com>; Courtney <courtney@zerosixthree.com> Subject: Re: Middle Creek ditch lateral Hi Derek, We are going to revoke our shares for this wastewater with the ditch company. Before we do that, would you prefer that we grant them to you? Do you have the contact for the ditch company? Thanks, Carl On Apr 26, 2022, at 10:19 AM, Derek Williams <derek@bridgerdevelop.com> wrote: Thanks Carl. Yes it was a last minute verbal (not written) comment from Danielle. Happened in our meeting with her last week when we were discussing other comments. Our attorneys feel that we should still address it, even though it’s not in writing. Derek May 2, 2022 Dear Greg, This letter serves as notice to co-owners of waste and seepage water right claims 41H 103732-00, 41H 103733-00, and 41H 30151619 (“Wastewater Rights”) about the proposed Homestead at Buffalo Run development project (the “Project”). The Project design ensures that all co-owners of the Wastewater Rights will continue to receive their historical quantity of water at their turnout, as specified below. The source of these Wasterwater Rights is “waste and seepage” from groundwater that accumulates in an unnamed tributary of Baxter Creek and from upgradient water users’ wasted water. The Wastewater Rights entitle the co-owners to collectively divert about 3.75 cfs of available wastewater into an open Drain Ditch at a point of diversion in the SWSWSW Section 23, T2S R5E, Gallatin County, which is located on property owned by Jon C. & Elizabeth R. Christensen. The Drain Ditch travels in a northern direction from its point of diversion, traversing the Christensen property and property owned by KDG Holdings LLC, before entering the Project property. The Drain Ditch then crosses the Project property in a northeasterly direction before terminating somewhere on property owned by Bozeman Haus Two, LLC. The Project will not impact any portion of the Drain Ditch on the Christensen or KDG Holdings LLC properties since those lots are up ditch from the Project. Therefore, the Project will have no impact to Christensen’s or KDG Holdings LLC’s abilities to access and convey their portion of the Wastewater Rights onto their respective places of use. The only down ditch co-owner of the Wastewater Rights is Bozeman Haus Two, LLC. To ensure the Project does not interfere with Bozeman Haus Two, LLC’s right to access and covey its portion of the Wastewater Rights to its place of use, the developer will (1) pipe the Drain Ditch across the Project property and (2) daylight the pipeline at the existing location where the Drain Ditch crosses from the Project property to Bozeman Haus Two, LLC’s property. Therefore, Bozeman Haus Two will receive its water at the same location, and in the same quantity as it has historically received the water. The developer of the Project understands that Bozeman Haus Two may prefer the Drain Ditch be closed off; however, unless and until Bozeman Haus Two terminates its interest in the Wastewater Rights and its interest in the Drain Ditch, the Developer will ensure the means of conveyance for the Wastewater Rights to Bozeman Haus Two’s property remains intact. Sincerely, Buffalo Run Bozeman, LLC Derek Williams Manager W A B C D E G F IJ K L M1 A/B 2 A/B 3 A/B 8 A/B 9 A/B 10 A/B 11 A/B 13 A/B 14 A/B 4 A/B 5 A/B 6 A/B 7 A/B 12 A/B N H O 24' 26' 24' 24'26' 26' 24' 24' 24'26' 26' 26' 26'26' 10' MIN. 13', 10' MIN. 24' 24' 24' 24' 24' 24'24' 24' 24' 24' 26' 29' 36' Scale:475 W. 12th Avenue - Suite E Denver, Colorado 80204-3688 (303) 893-4288 Date:OCTOBER 22, 2021 SITE PLAN SUBMITTAL THE HOMESTEAD AT BUFFALO RUN 5400 FOWLER LANE S23, T02 S, R05 E, N2SW4SW4, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Revision Date: S2 - SITE PLAN 05010025SCALE: 1"=50' 100' KURK DRIVE (60' R.O.W.) MULTI-FAMILY APARTMENT BUILDINGS, UNITS VARY, SEE SITE DATA CHART ON C-COVER SHEET. ROWHOUSES, WITH ATTACHED 2-CAR GARAGE EA. 30' PED R.O.W, WITH 5' BUILDING SETBACKS SITE VISION TRIANGLE, COLLECTOR AND LOCAL STREET REQUIREMENTS, TYP.FOWLER LANE, MINOR ARTERIAL, (100' R.O.W.)AVENUE C (60' EASEMENT)AVENUE B (60' EASEMENT)SITE VISION TRIANGLE, ARTERIAL STREET REQUIREMENTS ON STREET PARKING, TYP. (1 SPACE/24 LF), SEE S3, PARKING PLAN. EXISTING POND AND DRAINAGE (RE-ALIGNED) DUPLEX BUILDING, TYP. 10' UTILITY EASEMENT,TYP. PARKING FACILITY #1 PARKING FACILITY #2 PARKING FACILITY #3 PARKING FACILITY #3 PARKING FACILITY #4PARKING FACILITY #4 10' UTILITY EASEMENT, TYP.30' UTILITY EASEMENT LANDSCAPED BLOCK FRONTAGE LANDSCAPED BLOCK FRONTAGE, SEE S6 TRAIL/PATHWAY FRONTAGE, SEE S6 MIXED BLOCK FRONTAGE, SEE S6 LANDSCAPED BLOCK FRONTAGE GRILL AREA WITH COVERED PAVILION, TYP. (X2 ON SITE) PEDESTRIAN R.O.W. (10' EASEMENT WITH 10' SETBACKS) MEADOW CREEK PARK EXPANSION, (2.16 ACRES), SEE LANDSCAPE PLANS. FUTURE SIDEWALK EXISTING R.O.W. COVERED PARKING, TYP. NEIGHBORHOOD CENTER COMMUNITY PAVILION BIKE RACK STATIONS, SEE S3, PARKING PLAN. 30' PED R.O.W. TEMPORARY 120' HAMMERHEADTEMPORARY HAMMERHEAD (60' FROM CENTER LINE) SNOW STORAGE: REQUIRED: 144,400 CU FT PROVIDED: 154,899 CU FT NOTE: SEE CIVIL PLANS AND SNOW STORAGE REPORT THAT IS PART OF THIS SUBMITTAL FOR FURTHER TECHNICAL DATA REGARDING SNOW STORAGE. LANDSCAPE AREA - TOTAL: 175,133 SF LEGEND CONCRETE WALK - TOTAL: 90,634 SF ASPHALT DRIVES & PARKING - TOTAL: 280,126 SF SNOW STORAGE *SEE CALCULATION CHART, THIS SHEET TRASH ENCLOSURE NOTES: 1. ALL TRASH ENCLOSURE AREAS ON THE SITE PLAN ARE 10'x10', THESE AREAS WILL ACCOMMODATE A CONTAINER CAPACITY OF 8 CU YD EACH. 2. ENCLOSURES TO HAVE 6" WALL SURROUNDING THE SIDES AND BACK. 3. FRONT SIDE WILL HAVE A PIVOTING GATE WITH LATCH TO ACCESS THE CONTAINERS. 4. ALL ENCLOSURES TO BE DESIGNED WITH A SHELTER OVERHANG. 5. TOTAL TRASH ENCLOSURES : 12 (8 CU YD CONTAINER EA.) PARKING LOT LANDSCAPING, TYP., SEE S4 PARKING FACILITY #3LANDSCAPED BLOCK FRONTAGEPARKING FACILITY #4SPECIAL RESIDENTIAL BLOCK FRONTAGE, SEE S6 MONUMENT SIGNAGE TRAIL/PATHWAY FRONTAGE, SEE S6 TRAIL/PATHWAY FRONTAGE, SEE S6 SPECIAL RESIDENTIAL BLOCK FRONTAGE, SEE S6 SPECIAL RESIDENTIAL BLOCK FRONTAGE, SEE S6. SPECIAL RESIDENTIAL BLOCK FRONTAGE, SEE S6. SPECIAL RESIDENTIAL BLOCK FRONTAGE, SEE S6. SPECIAL RESIDENTIAL BLOCK FRONTAGE, SEE S6. SPECIAL RESIDENTIAL BLOCK FRONTAGE, SEE S6. SNOW STORAGE, TYP. SEE CALCULATIONS BELOW SITE VISION TRIANGLE, COLLECTOR AND LOCAL STREET REQUIREMENTS, TYP. SNOW STORAGE, TYP. SEE CALCULATIONS BELOW PARKING LOT LANDSCAPING, TYP, SEE S4 TRASH ENCLOSURES, 2 CONTAINERS PER ENCLOSURE, TYP,. SEE NOTES, THIS SHEET. PARKING LOT LANDSCAPING - SEE SHEET S4 Exhibit A