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Home My WebLink About20102239.tiff ' 4 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING • CERTIFICATE THE LAST DAY TO POST THE SIGN IS August 23, 2010 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Chris Gathman, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 15 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR PZ-1153 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign alto • Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this day of pprob'r , 2010. WITNESS my hand and official seal. P�B�ic ' BETHANY tary Public } SALZMAN .`o a My Commission Expires: ter (14.-t EXHIBIT • .- D 2010-2239 ••••• \ ^-' r•-�-s•-7. •n� • i !' r', �_ VSO �`• _ a•• -1[-- I • ,� - ;ear . w .♦ , • - ♦ / • - tf� .'-S.. �•..• •! ea J _ �( • a :�- • ! I l • . ___ III' 1 1,_ ♦ - tiyy. --_5 • (j{,,\� ( -Z �. V - '•'� .� 111 i /d 1/ •. ,. � %O� -� • �.' •• t/ • . • • • �.* t. �/p'a `\ ~J I 1 y�.�:--%1I '1 - _- t .4 �_ .►11.p_1/2.o•F.�f a• ea `� 1 r � ta-� .� i. �^.\ �]_r._-L'�•/ • fir1 . �4 ^ . 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I Clio s am I\/; C;c4;• 1 . _• Ov, pC eir. t .1 � � � i n E U �._._ c(3 (:\,-- .. ce T _ . , , . I. s..... a) � c -6- ‘\x., =hi, Q .. .._,...,,,,,./,,..:?•••:•. . . . e÷ac c . ,.opk . • 4....• ,--‘ chNI") ----) N . 1...., _0 ..z.a.fii , ,, j.. . . :•:,• . . cni u. I 1--- co a) a) ot c s�_ o- cn o �.. Cl) O u. , EL o w _ prA, • • .• + t yy.r . • La, / . _ _ • • • a rata ._. • Illimill . 1 Tc? 9 Esther Gesick rom: Chris Gathman nt: Tuesday, September 28, 2010 9:56 AM o: Esther Gesick Subject: FW: Trott Property This is in regards to the PZ-1153 hearing scheduled for tomorrow. Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 Original Message From: Minigifts@aol.com [mailto:Minigifts@aol.com] Sent: Tuesday, September 28, 2010 9:16 AM To: Chris Gathman; Dave Long; Douglas Rademacher; Barbara Kirkmeyer; Sean Conway; William Garcia Subject: Trott Property Mr Gathman; Thank you for returning my call today. I'm still concerned that the county will not protect right to access my buried irrigation line. That line is 20 feet off the west property 4Iline of he Trott Property at the point where it enters my property, and is about 4 to 5 feet deep. You mentioned that the Trott's told you they would look for the line when Excel crossed it with their 16 inch gas line. They have missed that opportunity since the crossing was completed last week. At the point of crossing the line is 3 to 4 feet east of their west property line and 4 feet to the top of the pipe. I don't know where the 20 foot easement figure for utilities comes from. The easement that Excel is taking is 30 feet. I would accept that same width. As far as I can tell the 20 foot easement is an arbitrary number the county seems to favor. Obviously this won't work in this situation. When I expressed my concerns at the planning commission meeting, the developer said the line may need to be moved. Two years ago their attorney sent me a letter advising me that I would have to move my line. My attorney responded that I have no obligations to move my line, which has been in place for over 20 years, and I have a right to access for use and maintenance and is part of a system which also delivers water to their property. Under Colorado water law the developer would be responsible for any and all costs related to the relocation. The Trotts knew this line was there when they bought the property. I could have told the planning commission exactly where the line is, but due to the format of the meeting, I was not allowed to do so after the Trotts response. This is an incredibly poor format. However, if the commissioners review the minutes of the meeting they will hear the chairman tell you that you were to guarantee access to my line. Another commissioner member also suggested to the Trotts that they should pot hole the line to determine that exact location. that has not been done. am also disturbed by the comment that at final plat, since this is a third party private ine issue that the commissioners may go ahead and approve the final plat with no agreement in place. If the county would vote in favor of a developers plan over the concerns of a 1 surrounding property owner would certainly bring up the issue of litigation against the county. he last issue we discussed was the need for potential buyers of lots where the 16 inch high essure gas line runs. I'm still curious, in light of the recent catastrophic failure of the high pressure gas line in California, whether the developer and or the county have any legal or moral responsibility to notify prospective buyers of the potential for damage to their property and potential loss of life. According to a story in todays Denver Post the blast area could be up to 400 feet either side of the pipe. If any of my perceptions or concerns are invalid please feel free to contact me. Thank you, Tim Gibson 513 Weld County Road 46 Berthoud, CO 80513 970-667-6475 cell phone • • 2 Esther Gesick 0.orom: Chris Gathman nt: Tuesday, September 28, 2010 10:31 AM : Esther Gesick; Donald Carroll; Lauren Light; Bruce Barker Subject: Proposed condition of approval (ditch pipeline) for Tomorrow's PZ-1153 (Country Meadow Estates) hearing Attachments: BOCC memo 0928.doc FYI: I will be requesting the following condition of approval to address an existing irrigation pipeline crossing at tomorrow's board hearing. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Fax: (970)304-6498 • ;77 y'b • f tF 1 460tari MEMORANDUM • III TO: Board of County Commissioners COLORADO DATE: September 28, 2010 FROM: Chris Gathman— Planner Ill SUBJECT: Proposed condition of approval for PZ-1153 (Country Meadow Estates) Staff is requesting that the following condition of approval be added (as condition of approval 1.C and renumber/reletter subsequent conditions of approval): "A ditch pipeline runs along the western end of the property. The applicant shall either submit a copy of an agreement with the ditch pipeline owners/operator along the western end of the property stipulating that the ditch has been adequately incorporated into the site or that an adequate attempt has been made to mitigate the concerns of the ditch operator." • • 09/28/2010 16: 58 970-669-3231 FEDEX OFFICE 0486 PAGE 01 • September 28, 2010 TO: Weld County Commissioners FYI Country Meadows LLC developer history • EXHIBIT a 09/28/2010 16: 58 970-669-2231 FEDEX OFFICE 0486 PAGE 02 • MINUTES COLORADO REAL ESTATE COMMISSION MEETING MARCH 3,2009 MINUTES-INDEX Pase_# PERMANENT RULE MAKING 3 ORDER OF BUSINESS 5 Approval of Minutes Public Presentation POLICY MATTERS 5 Commissioners Discussions/Recommendations Legislative Updates • Commissioners for Mediations COMPLAINT MATTERS 6 Carol Duncan Iyad Y.Allis Tiffany M.Bustamante sanamos Elizabeth Ann(Betty)Trott es Victoria Ann Yriarte Humberto Troncoso Warren Williams Alfonso A.Carrillo Donna Martinez James A.Crowe Jason C.Taylor Donna L.Runyon Robert I.Innes HEARING MATTERS 13 Matthew Necbrony Thomas T.Mason Linda.P.Edwards CREC MEETING • March 3, 2009 Page 1 of 15 09/28/2010 16: 58 970-669-3231 FEDEX OFFICE 0486 PAGE 03 O Tiffany Bustamante . The investigative report concerning a complaint filed by Maira Ogeda, Cathy Rubio, Joseph Manzanares and the Colorado Real Estate Commission against Tiffany Bustamante,License#FA40045993 was presented to the Commission with accompanying documentation and information. It was moved and seconded by the Commission that reasonable grounds exist to refer the respondent to hearing for violations of the real estate license law and to send this matter through the expedited settlement process(ESP). The staff was also directed to incorporate these specific terms into the Commission approved ESP stipulation to be sent to Ms. Bustamante. a. Complainants allege that respondent failed to respond in a timely manner to the Commission requests as required and failed to provide accurate documents from the transaction file. b. Contract documents did not accurately reflect the verbal greed upon terms of the transactions. c. Failed to disclose conflict of interest. d. Paid straw buyers$5,000.00 per transaction and failed to disclose payments made to buyers on the settlement statements. e. Failed to provide written disclosure of her affiliated business arrangements. F. Forged another brokers signature on a Contract to Buy and Sell. g. These acts constitute violation of 12-61-113(lxb), 12-61-113(1)(h), 12-61-113(1)(n), 12-61-1.13(1)(t), 12-61-113(1)(k), 12-61-113.2(2)(b), • and Commission Rule E-4,E-5,E-21,E-25 and E-46. h. Ms.Bustamante's real estate license shall be publicly censured;and i. She shall pay a fine up to$50,000.00;and j. Ms.Bustamante's real estate license shall be revoked. Motion unanimously carried, Elizabeth (Betty)Ann Trott The investigative report concerning a complaint filed by Join D. Carver(Attorney for Valerie McCoy and the Colorado Real Estate Commission against Elizabeth (Betty) Ann Trott,License#E1295841 was presented to the Commission with accompanying documentation and information. It was moved and seconded by the Commission that reasonable grounds exist to refer the respondent to hearing for violations of the real estate license law and to send this matter through the expedited settlement process(ESP). The staff was also directed to incorporate these specific terms into the Commission approved ESP stipulation to be sent to Ms.Trott. a Complaint alleges that respondent failed to accurately reflect the terms of the transaction in the contracting documents. b. Failed to use CREC approved forms. c. Collected a commission in the amount of$14,700.00 which she was not entitled. d. Failed to exercise reasonable skill and card as a transaction broker. CREC MEETING • March 3,2009 Page 7 of 15 09/22/2010 16: 56 970-669-3231 FEDEX OFFICE 0466 PAGE 04 • e. Participated in a closing that knowingly misrepresented the true terms of the transaction. f Prepared,used and revised non CREC approved forms which exceeded her authority under the license law. g. These acts constitute a violation of: 12-61-113(1)(a), 12-61-113(lxn), 12-61-11.3(1)(1), 12-61-113(1)(k), 12-61-201, 12-61-807(2)(6)and Commission Rule E-5,F-3 and F-7. h. Ms. Trott's real estate license shall be publicly censured; and I. She shall pay a fine in the amount of$20,000.00; and j. Ms. Trott's real estate license shall be suspended for 60 days; and lc. Ms. Trott shall successfully complete real estate education courses in Contracts,Current Legal Issues and Ethics. Motiop unanimously carried. Victoria Ann Yriarte The investigative report concerning a complaint filed by the Commission on its own motion against Victoria Ann Yriarte,License#FA40028885 was presented to the Commission with accompanying documentation and information. It was moved and seconded by the Commission that reasonable grounds exist to refer the respondent to hearing for violations of the real estate license law and to send this matter through the expedited settlement process(ESP). The staff was also directed to incorporate these • specific terms into the Commission approved ESP stipulation to be sent to Ms. Yriarte. a. Complainant alleges that respondent admits to altering a receipt for payment to increase the amount of funds paid by HUD. b. Failed to establish a written brokerage relationship. c. These acts constitute violation of: 12-61-113(1)(n), 1.2-61-11.3(1)(t), 12-61-113(1)(k), 12-61-808(2)and Commission Rule E-35. d. Ms.Yriarte's real estate license shall by publicly censured; and e. She shall pay a fine up to the amount of$7,500.00; and f. Ms.Yriarte's real estate license shall be revoked. Motion unanimously carried. Humberto Tranceso The investigative report concerning a complaint filed by the Commission on its own motion against Humberto Tranceso,License#E11328122 was presented to the Commission with accompanying documentation and information. It was moved and seconded by the Commission that reasonable grounds exist to refer the respondent to hearing for violations of the real estate license law and to send this matter through the expedited settlement process(ESP). The staff was also directed to incorporate these specific terms into the Commission approved ESP stipulation to be sent to Mr. Troncoso. a. Complainant alleges that respondent failed to respond to the Commissions request for information as required. CREC MEETING March 3,2009 Page 8 of 15 • September 28, 2010 To: Chris Gathman, Dave Long, Douglas Rademacher, Barbara Kirkmeyer, Sean Conway and William Garcia From: Betty Trott for Country Meadow Estates It has become apparent that our neighbors intend to stop our subdivision by any means possible. It has also become apparent that I need to join their bad mouthing & present all of you with the other side of these issues. First of all, let me state emphatically that we have never refused Gibson access to his irrigation water nor indicated that we would deny Gibson the right to access his irrigation water in the 3 years he has owned his farm. When first we met him to get acquainted with our new neighbor and work together to protect everyone's views, he shouted that we could not deny him water and furthermore we would pay for his getting water. • He also informed us that the farm road that went from Road 46 through his farm & our farm & I believe on north on the west side of Ritter's farm would be closed & we would not be able to use it. This denies us, or more specifically the fire department, a second emergency entrance into our subdivision. Gibson gave no thought to anyone else & placed his house in a location that blocked views & further built a barn, a hay barn & other sheds to further obstruct views. He moved all of his old rusted equipment and parts from his previous compound and dumped it all into about 2 acres. He should be made to obtain a license for operating a salvage yard. He put in gates on a fence between our farm & his to allow him access to his farm by crossing ours. This is trespassing. We've asked him to stop but he hasn't. We purchased our farm from Terry Snow 1 ''/:years before Gibson bought. There was a considerable amount of irrigation pipe on our farm at the time we bought it with no exclusion of that pipe in the contract. Gibson & his farmer stole the pipe. A less than effective deputy with no knowledge of real estate contracts and at Gibson's request contacted Terry Snow about who the pipe belonged • to. • According to the deputy, he told Snow that Gibson said the dispute involved water. Snow's answer was that the pipe was to be divided between us. Gibson did not buy his farm from Snow so it wasn't her call but Gibson eventually threw half the pipe over the fence. At our first hearing he asked for 50 ft which he won't get. The width of an easement is determined by the property owner. He has an historical usage of a right of way to access the irrigation pipe when necessary. There is no law to determine size but if this comes to litigation he will be entitled to a reasonable amount to allow him to irrigate. Let me point out that we are not developers but homeowners the same as Gibson. I believe my attorney has told him that he would be forced to reopen the farm road if this went to litigation. We knew the line was there when we bought the property prior to Gibson buying& we also knew we had an historical right to use the farm road right of way-this has been denied us. We will provide you with pictures of the gas &water lines taken by the Xcel foreman which shows that contrary to Gibson's lie the pipe is 48 inches deep. The line angles from close to the west property line to the middle of the road at the point of Xcels crossing. This is a distance of 15 feet from our west boundary. Gibson is lying again. • The line goes straight down the middle of the road until it reaches the common boundary& at that point angles to what might be a 20 foot width from our west boundary, however at this point' it is on Gibson's land not ours. It had to cross over to the east side of the road because the riser and valve that allow the water through to irrigate his farm could not remain in the middle of the road. Gibson used his exalted position as a member of the Handy Ditch Board to coerce 50 feet out of us. It is illegal to use your position in a company for personal gain. We did not pot hole. We had Xcel take pictures as they dug. Again we are not developers & Gibson's threat of litigation against the county proves his arrogance &exaggerated sense of entitlement. Finally Gibson is using the pipe line to have our subdivision defeated. When we were finally notified by Xcel that the pipe line was going through I contacted Gibsons&Johnstones. Gibson did not seem concerned enough to join us in our attempt to get the line moved & Johnstone refused the certified mail. Now Gibson is using it against us when in fact by having it moved to the north the pipe is a considerable distance from his and the Johnstone's houses as opposed to the distance when • the pipeline was going to be on our south boundary. • I resent someone who has lied, stolen & cheated questioning my integrity. I know my obligations legally & morally as a realtor, a property owner& a human being. I did not discuss the pipeline with Ritter. As an employee of the planning dept he knew where the line was going and I firmly believe used his position to have the line cross our property instead of going straight west from I-25 &crossing his farm on the north. The pipe could have been another maybe 200 feet further from his house and he would have been safer. He has no right to complain about the gas line or bring it to the public's attention, thereby affecting the salability of our lots. Ritter has further caused a problem by denying us the use of the farm road on his west boundary which has been historically used by the farmer on our land. Johnstone's fence has encroached on our property from day one. They wanted to have some of our land for a buffer & more pasture for their horses. They had no concerns about toxic waste until we refused to give them land for nothing. I'm sure someone did tell them not to let the horses graze in that particular location as horses will compact the ground & prevent percolation. I believe Johnstone's leach field is located on our property. The waste,toxic or otherwise, is the • Johnstone's. Following is an agreement for Gibsons signature accepting the terms for his use of the right of way along our west boundary. If not agreed to we will proceed with litigation &force the opening of the entire road &grant an easement determined by "reasonableness"to meet his requirements. • A riser and control valve on Gibson's property enables him to irrigate without having to access • the control valve at the northwest corner of our property. This main valve will be open to him at all times unless we are irrigating. He will only have to open the valve located on his property. Each party will fully cooperate by giving notice to the other when they plan to irrigate. There shall be a 20 foot right of way along the west boundary of our property which can be used for the repair of said irrigation pipe. When notified of the need for repair, the Home Owner's Association will give Gibson access to the right of way to make necessary repairs. Gibson will at all times be responsible for the repair and maintenance of the pipe. We feel that the people who will eventually build on our lots deserve the right to peaceful enjoyment of their property and not be subjected to dust and noise from motorized vehicles traveling along the west boundary of the subdivision. • • EXHIB pipeline crossin waterline • Xcel 16 gas g i ---.1 • looking north r L If AIIWIPIa ilk Jan JD. _ *sat -• _._. • , • ._ -. - - -....,,-. r, _ - � sows 41" • , _ f • - . , , - _ .. a- :_•4 it —" t - j ` ' `'-. °`.: =• _—fir' . . - -�_, .. - • , .a4 _ " y :�y ~ ~ ` ,:y { { �':• - di d + + • t � c �, �5� �' • fiin t Y .` • • a ' - I. 4•r _ •`J' • I.•-a ,N.,-“, Y 1 ,, yzt , , . 'r . 1l A. . • y1 a • a a. `� \�� • ..- . . 1. ,�. r ` at_44 Lam.•t ~ 1°4 •1` i ti`i •'%.1• 4N it • . •• .. Ilk A. 'C 4 -iit s - 1 l - ! 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V•. a•L. � ` °At•- • • is ••••••-"4,•••34,• ,,A, -.4„., .4v- 4 41.•se • ' ir .44 l hlirr3 :�! :1 o .' At' r•• .. ,,`cif• < A , v ' t i 1• lirr •1 k• . 1%. ki tadiliiiiikHl- .11 ' r/ , l" '• �•. • •r s r I '� 'ems i .t'. ' ti ..� * �.,. • f 4 0.011;1" I.�• •_•111! 'I'_t # ic •r y ......_ .�. ,~ . C FARM LEASE • This lease made and entered into this 27th day of September 2010 and lasting through the 2011 growing season between James and Elizabeth Trott, Landlords and Robert Harding,Tenant for the following described property to wit: Approximately 77 acres located in the N 1/2 of the SE 1/4 of Section 7,Township 4N, Range 68, Weld County, Colorado. The lease is a cash lease with due at signing and due by July 31, 2011. Tenant shall pay the 2011 water assessments for Handy Ditch. The tenants crop can and will be planted over the easement on the north boundary of the farm and to the fence at the south boundary. The Tenant will be responsible for maintaining ditches, clearing fallen trees and weed control. No one including neighbors and their respective farmers have the right to access this farm or use this farm or the gates on the south boundary fence to access another property. Should this • occur,the Tenant will notify the Landlord immediately. Executed this 27`h Day of September 2010. hO12— Ja e rott, Landlord Betty Trott andlord O,Laidni 1-17- /d Robert Harding,Tenant • $s` i Hello