SUBJECT:
Title
An Ordinance of the Town Council of the Town of Erie Approving a Permanent Easement Agreement Between Anderson South Farm LLC, Terminating an Existing Easement, and Granting a Replacement Easement
Department
DEPARTMENT: Planning & Development
Presenter
PRESENTER(S): Christopher C. LaRue, Principal Planner
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Time
TIME ESTIMATE: 0
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Fiscal
FISCAL SUMMARY:
N/A
Policy
POLICY ISSUES:
Staff analysis confirms the Permanent Easement Agreement is consistent with the Town Charter, Municipal Code, and Council priorities.
STAFF RECOMMENDATION:
Approve the Permanent Easement Agreement for Summerfield.
SUMMARY/KEY POINTS
Crews constructing the offsite sanitary sewer connection for the Summerfield development to the Town of Erie’s North Water Reclamation Facility discovered a secondary oil and gas line that earlier potholing had misidentified. The project team rerouted the sewer line to eliminate the conflict, and Erie staff reviewed the alternate plan. The easement enables the rerouted line and ensures straightforward, reliable long-term maintenance access. There is no cost to the Town for this easement.
Please note a similar easement was approved with Anderson Farms on Dec. 9, 2025; however, due to ongoing negotiations with placing the sewer line adjustments are necessary. This new easement vacates the previous easement and re-dedicates it per current plans.
BACKGROUND OF SUBJECT MATTER:
Town Council approved the original Summerfield Filing 1 Final Plat and Development Agreement (DA) in July 2023, creating 479 new residential lots. Town Council approved Filing No. 2 and DA in June 2025, adding 191 more residential lots.
The Summerfield Subdivision sits south of Highway 52, north of Weld County Road 12, and between Weld County Roads 5 and 7. The Summerfield Planned Development - Development Plan designates the site for residential and mixed-use development.
Construction on the subdivision is underway. Main sewer lines for the development run north along Weld County Road 5 and then west to the Town of Erie North Water Reclamation Facility.
Site History and Prior Approvals
1. Annexation
• The Town annexed the overall Summerfield area in January 2013.
2. Zoning
• At the time of annexation, the Town zoned Summerfield as Planned Development (PD).
• The Summerfield PD depicts various planning areas and allows a maximum of 2,200 residential units and 500,000 square feet of commercial uses.
3. Plats
• In 2013, the Board of Trustees reviewed a Sketch Plan for the overall property. A Sketch Plan is an optional, informal evaluation before detailed planning and engineering work is undertaken and does not result in a formal decision.
• On May 10, 2022, the Board of Trustees approved a Preliminary Plat for Phase 1 of Summerfield, covering roughly the northern half of the site. The plat proposed 508 single-family detached lots, 138 duplex lots, 198 townhome lots, and 43 tracts for landscaping, trails, parks, open space, alleys/private streets, utility purposes, and future development areas.
• In July 2023, the Board of Trustees approved the final Plat and Development Agreement (DA) for Summerfield Filing No. 1, creating a total of 479 residential lots.
• On Aug. 13, 2024, the Town Council approved the First Amendment to the Summerfield Filing No. 1 Development Agreement. To accommodate future development near the property, the Town requested that the Developer upsize certain portions of the sewer line serving the project. The amendment revised the terms related to sewer line upsizing, adjusted Exhibit B of the DA to reflect costs, and authorized the Town to reimburse the Developer for the upsizing.
• On March 11, 2025, the Town Council approved Preliminary Plat No. 2 for Phase 2, covering roughly the southern half of the site. The plat encompassed 333.75 acres and proposed 1,301 lots and 45 tracts.
• In June 2025, the Town Council approved the final Plat and DA for Summerfield Filing No. 2, creating a total of 191 residential lots.
ATTACHMENTS:
1. Ordinance
2. Agreement
3. Context Maps