HomeMy WebLinkAbout20112612.tiff Lawrence & Mary Starck
1906 State Hwy 60
Loveland, CO 80538
970-667-7462
starckm@msn.com
September 27,2011
Weld County Commissioners
1150 O Street
P.O. Box 758
Greeley, CO 80632
Dear David E. Long, Douglas Rademacher, Barbara Kirkmeyer, Sean P. Conway& William
Garcia:
Enclosed you will find a copy of the letter and copies of pictures that have been sent to Governor
Hickenlooper's office.
As the pictures show, our property is basically useless. We have been dealing with this situation
for several years. After persuding various avenues for some possible solutions with no results we
are frustrated and feel totally helpless. That is why we came to the decision to take this action.
Regards,
7(e2-7 SeScucic,
Mary Starck
Q'lywnt 2011-2612
10- 5- 11
r
NOTICE OF DEMAND TO REMOVE PROPERTY REFERENCES
To: State of Colorado
136 State Capitol Denver, CO
Attention: Governor Hickenlooper
Reference: Prior Appropriations doctrine
From: Larry & Mary Starck
1906 State Hwy 60
Loveland, CO 80537
Lawrence H and Mary F. Starck, the undersigned, also known as Private Property Owners, are landowners with
properties located in the Township 4 North,Northeast Quarter of Section 5, Range 68 West of the 6th P.M. in the
County of Weld, near Loveland in the state Colorado (hereafter known as Said Property).
It has been brought to our attention that the State of Colorado as Water appropriator or owner(hereafter known as
State), has allegedly included Said Property in Plans for proposed uses, including a proposal to allow Water,
by diversion or artificial means, to physically surface and run on Said Property, and through voiced intentions, public
media, prospectuses and certain other papers.
So that there is no misunderstanding, we want to make it clear that State has never received Private Property Owners
permission to include Said Area in such Plans. By allowing Water to surface and run on Said Area, you are needlessly
disturbing and encumbering Owners from rightful usage of Owners private property; encumbrance has additionally
placed a cloud on Said Area and clearly violated Owners private property rights.
Due to Water, Private Property Owners have now been negatively impacted by State's plans, as well as through the loss
of income and damage to property and other valuable environmental resources on Said Area. We therefore provide this
letter to serve as a formal demand that, within thirty (30) days of receiving this letter, State physically remove/drain
Water from Said Property and Plans.
Because Undersigned did not give any permission whatsoever to any party, including State, to allow Water to surface
and run on the Said Area properties of the undersigned, in addition to the physical removal/drainage of Water, we
demand that State erase and delete any reference to Water on Said Property that could be construed as meeting with
Owners approval.
Because the undersigned are not employed by State and have no knowledge of its specific plans or intentions, the
undersigned are to be held harmless and totally exempt from any liabilities whatsoever that may result from any
representation whatsoever State may have made to any persons as pertains to Said Area.
In keeping with our State and Federal Constitutional rights to acquire, possess and protect my private property, we
hereby demand that you file a certified letter with the clerk and assessor of Weld County, clearly documenting your
complete removal/drainage of Water from our property.
Having valuable knowledge of this area, we do have willingness to share doable solutions, with the only expectation
that State commit to acknowledging appropriation(such as a well) and cost of execution.
Should State choose not to comply with our demand, we will exercise our right to seek remedy via liens, seizures or
other legal actions, as may be appropriate and provided by law. Should your non-compliance result in Private Property
Owners action to remove/drain Water from Said Area or pursue legal action, you will be charged any and all associated
costs—including legal fees, court costs, accrued administrative fees, gasoline, and labor costs at the rate of$55.00 per
hour.
As Property Owners of Said Area, we expect receipt of documentation within six (6) business days following receipt
of this Demand Notice, confirming that the State of Colorado has received said Notice. We further expect confirmation
within thirty-one (31) days that the Project and its allied organizations have met all terms of this Notice.
Finally, as Property Owners, we want to make it clear that exercising our right to assess possible future fees does not
waive our right to collect any accrued past fees Constitutionally defined as compensable.
Signed 4t• ice ' Date
7" It
7 Y//..z7/i/
Signed = Date
Qt! �NcK'9�FT
NOTARY I 'S
iot PUBLICsi
Notary Seal `, aFea _--
Cc: Weld County Commissioners, Legislative delegation, Colorado Attorney General
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