HomeMy WebLinkAbout20110176.tiff • L'1!. Er.-7dµ.7
MARCH, OLIVE & PHARRIS, LLC
I BRADFORD MARCH ATTORNEYS AND COUNSELORS AT LAW AR[HU It E.,,MARCH
STEM,A0.T W OLIVE 110 E.OAK STREE'L,SUITE 200I 0 IFI COLLINS,COLORADO 8115]4-2880 10Ii O%I
JOHN N' C W\RRIS (970)JR2-J}22 ARTHIIR L.MARDI 1R.
IS'-'005
Lax (990)4825]19
Weld County Planning Department
GREELEY OFFICE
December 23, 2010
nrr 2 R ?nin
RECEWED
VIA E-MAIL (kogle(a?co.weld.co.us) & U.S. MAIL
Kim Ogle, Planner III
Weld County Planning Dept.
1555 N. 17th Ave. ` .
Greeley, CO 80631 -;
RE: Non-Exclusive License Agreement Re WCR 25 �-
and Required Crossing Agreement
Dear Kim: rin
This letter is to follow up a three-way conversation between you, Brent Bartlett and
myself on December 16, 2010. As you know, our firm represents the Honsteins and Mr. Bartlett
represents the Water Supply and Storage Company ("WSS") as well as the Collins Lateral, the
company that manages the ditch extending off the WSS ditch and crossing along the north
boundary of the Honstein farm. The Honsteins have requested a division of their property into
two separate parcels, which would allow one of their children to build on the easterly side of the
property, south of the Collins Lateral ditch. To allow for the division of the property, the County
required that the Honsteins execute a Non-Exclusive License Agreement, which was recorded on
July 29, 2010, at Reception No. 3708150. The Honsteins were also required to enter into or
provide assurance to the County that a Crossing Agreement could be negotiated with the Collins
Lateral.
In our phone conference, Mr. Bartlett raised concerns that there was in inability to
formally grant a Crossing Agreement until such time as engineering and crossing fees have been
paid. The Honsteins have no plans in the foreseeable future to develop any portion of the
property and will take access to the to-be-constructed home over the to-be-created Lot A at the
northwest corner of the property traversing along the south of the ditch over Lot A accessing Lot
B. As the Honsteins control both Lot A and Lot B, this is not a concern for a single home. At
such time as Lot A and Lot B are not held in common ownership, the Honsteins will grant an
easement for the benefit of Lot B over Lot A to ensure Lot B has access. If Lot B develops and
access off of County Road 25 is required, it is my understanding that the Collins Lateral will
-7- 2011-0176
aYr,,mun t Ct�.,c,u.-vuU
Kim Ogle, Planner III
Weld County Planning Dept.
December 23, 2010
Page 2
provide a Crossing Agreement upon review of acceptable engineering from the Honsteins for the
bridge and payment of the crossing fees.
You have asked that I forward this letter to both you and Mr. Bartlett confirming our
conversation and I understand that Mr. Bartlett will then forward a letter to you confirming this
letter. If any other steps need to be taken relative to the necessity for a Crossing Agreement,
please do not hesitate to contact me. It is my understanding that this is the last issue pending to
allow for approval of division of the property. Your help has been much appreciated.
Sincerely yours,
MARCH, OLIVE&PHARRIS, LLC
J. Brad March
JBM/sch
cc: Brent Bartlett, Esq.
Lyle and Diane Honstein
FISCHER, BROWN, BARTLETT & GUNN, P.C.
ATTORNEYS AT LAW
William R.Fischer 1319 E.PROSPECT ROAD Ward H. Fischer(1929-1996)
Margaret A.(Meg)Brown FORT COLLINS,COLORADO 80525 William H. Brown(Of Counsel)
Daniel K.Brown William C.Gunn(Of Counsel)
Brent A. Bartlett
Sara J.L.Irby PHONE:(970)407-9000
Lisa A.Larsen FAX:(970)407-1055
Donald F.Frick EMAIL: thg(),)hgpe.com
February 16, 2011
RECEIVED
Kim Ogle FEB 2 2 2011
Weld County Dept. of Planning ServicesWeld County Planning Department
1555 North 17th Ave GREELEY OFFICE
Greeley, CO 80631
Re: Honstein Recorded Exemption
Dear Kim:
We are in receipt of the letter dated December 23, 2010 from Brad March, counsel
for the Honsteins, to your office. Our firm represents the Water Supply and Storage
Company ("WSSC') and we are writing to confirm our understanding.
Some maps have erroneously designated this section of the Larimer County Canal
as the Collins Lateral. However, it should be noted that the structure running through this
parcel is the Larimer County Canal operated by WSSC, and not the Collins Lateral. As
described by Mr. March, WSSC requires a crossing agreement for any proposed crossing
over their structures.
At this time it is our understanding that there are no plans to develop the portion of
the property which would entail crossing the Larimer County Canal. At such time as a
crossing is warranted or proposed, WSSC would require sufficient engineering plans,
applicable crossing fees, and a crossing agreement between the parties.
Very truly yours,
Fischer,,ifro , Bartlett Gunn, P.C.
By: Brent Bartlett,Fsq.
cc Brad Marcn,Esq.
WSSC
F i'k3arfett\Water Supply&Storage Company\Honstein Recorded Exemption\Weld County Honstem 2-16-11 doe
Csrruntai o asl/- 0174,
3 _aoI) PE5b140
Hello