HomeMy WebLinkAbout20060093.tiff BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS - S (cj 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, Jacqueline Hatch, HEREBY CERTIFY UNDER P NALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST(t B'4J DAYS BEFORE THE BOARD
OF COMMISSIONERS HEARING FOR (rc.r tcs""IN THE AGRICULTURAL ZONE DISTRICT.
\, ACcL.vCC%No — q-Zt4
Name of Person Posting Sign
Sign ture f Person Posting Sign
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me this day of } ; x ) i r ' , 2006
WITNESS my hand and official seal.
tr-
t )
, i 6ETiidIOY
otary Public i SAIL • '
k• :
w�rF OF Cal Alt";
My Commission Expires: ',
EXHIBIT
E
2006-0093 tlSk 461519.5
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. THIS PROPERTY WILL BE HELD AT:"-l'',111,-.:
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February 11, 2005
Ft
Clerk to the Board
Weld County Centennial Center
915 10th Street
Greeley, CO 80631
To Whom It May Concern:
This letter is to notify the Board of County Commissioners office that I would
like a court reporter to be present at the upcoming hearing on February 11,
2005 at 1000 for USR Case #1495. I understand that the cost of engaging a
court reporter shall be borne by me, the requesting party. If you have any
questions, please notify me at 970-388-7625. Thank you.
Sincerely,
Jess R. Aragon
TimberRock Landscape
EXI N IT
1
Gcst #/'!95
February 15, 2005
Telephone call received 02/15/05 at 2:35 pm from Craig Coburg, Windsong Ranch, 7916
Windsong Drive, Windsor, who is unable to attend the Land Use Hearing on 02/16/05.
He stated he is opposed to Timberrock being allowed to continue to operate in a residential zone.
Without proper permits,they set up business,and in the past have tried to obtain permits and were
denied as illegal. They were instructed to be out of there within a certain period of time, which has
long since expired. This kind of activity is difficult to accept and illegal, and he hopes the
Commissioners will look at this in the harsh light of the facts and rule against them continuing to
stay there illegally in a non-commercial zone. If is allowed, he stated, he is not sure what tge
reasoning is forzoning and various permits if anyone is allowed to come in anywhere they want and
do anything they want then come back in after the fact and be allowed.
Message received by Carol Harding, Office Manager Coordinator.
EXHIBIT
tat 4P-145
� G
EX BR
District Court Weld County, Colorado
Court Address: 901 9th Avenue, P. O. Box 2038 _ )�
Greeley, Colorado 80632
Plaintiff(s): Garry and Kathleen Weinmeister, Harry D. Hartshorn,
Charles and Tina Shinner, and Thomas W. Weiler
v.
* COURT USE ONLY
Defendant(s):Marcelle L. Geudner and Cozy Cow Dairy, LLC
Attorney for Plaintiffs: Case Number: 2005 cV 265
Thomas E. Hellerich, Esq.
WINTERS, HELLERICH &HUGHES, LLC
5754 W. 11th Street,#101
Greeley, Colorado 80634
Phone Number: 970-352-4805 E-mail: thellerich@wh-h.com Division 9 Courtroom
FAX Number: 970-352-6547 Atty. Reg. #:2159
DISTRICT COURT CIVIL (CV) CASE COVER SHEET FOR INITIAL PLEADING OF COMPLAINT,
COUNTERCLAIM, CROSS-CLAIM OR THIRD PARTY COMPLAINT
1. This cover sheet shall be filed with the initial pleading of a complaint, counterclaim, cross-claim or third party
complaint in every district court civil (CV) case. It shall not be filed in Domestic Relations (DR), Probate (PR),
Water (CW), Juvenile (JA, JR, JD, JV), or Mental Health (MH) cases.
2. Check the boxes applicable to this case.
E Simplified Procedure under C.R.C.P. 16.1 applies to this case because this party does not seek a monetary
judgment in excess of $100,000.00 against another party, including any attorney fees, penalties or punitive
damages but excluding interest and costs and because this case is not a class action or forcible entry and
detainer, Rule 106, Rule 120, or other expedited proceeding.
❑ Simplified Procedure under C.R.C.P. 16.1, does not apply to this case because (check one box below
identifying why 16.1 does not apply):
❑ This is a class action or forcible entry and detainer, Rule 106, Rule 120, or other similar expedited
proceeding, or
❑ This party is seeking a monetary judgment for more than $100,000.00 against another party,
including any attorney fees, penalties or punitive damages, but excluding interest and costs (see
C.R.C.P. 16.1(c)), or
❑ Another party has previously stated in its cover sheet that C.R.C.P. 16.1 does not apply to this case.
3. ❑ This party makes a Jury Demand at this time and pays the requisite fee. See C.R.C.P. 38. (Checking
this box is optional.)
e-filed per Rule 121. Duly Signed Copy on Fe at the
Offices of Winters, Hellerich/& Hughes, LLC
Date: February 9th , 2OO5 l7 c1�p
Signature of Party or Attorney for arty
Thomas E. Hellerich
NOTICE
✓ This cover sheet must be filed in all District Court Civil (CV) Cases. Failure to file this cover sheet is not a jurisdictional
defect in the pleading but may result in a clerk's show cause order requiring its filing.
✓ This cover sheet must be served on all other parties along with the initial pleading of a complaint, counterclaim, cross-
claim, or third party complaint.
L✓ This cover sheet shall not be considered a pleading for purposes of C.R.C.P. 11. II
JDF 601 7/04 DISTRICT COURT CIVIL(CV)CASE COVER SHEET FOR INITIAL PLEADING OF
COMPLAINT, COUNTERCLAIM,CROSS-CLAIM OR THIRD PARTY COMPLAINT
District Court, Weld County, Colorado
9th Street and 9th Avenue
Greeley, Colorado 80631
(970) 351-7300
Plaintiffs: Garry and Kathleen Weinmeister, Harry D.
Hartshorn, Charles and Tina Shinner, and Thomas W.
Weiler
Defendants: Marcelle L. Geudner and Cozy Cow Dairy,
LLC 4 COURT USE ONLY
Winters, Hellerich & Hughes, LLC
Thomas E. Hellerich, Esq. Case Number:
5754 West 11th Street, Suite 101
Greeley, CO 80634 2005 CV 265
Phone Number: (970) 352-4805 Div.: 9 Ctrm:
FAX Number: (970) 352-6547
E-mail: thellerich@wh-h.com
Atty. Reg. #:2159
SUMMONS
THE PEOPLE OF THE STATE OF COLORADO TO THE DEFENDANT NAMED ABOVE:
You are summoned and required to file with the Clerk of this Court an answer or other
defense to the attached complaint within twenty (20) days after this summons is served on you
in the State of Colorado, or within thirty (30) days after this summons is served on you outside
the State of Colorado, or by publication.
If you fail to file your answer or other defense to the complaint in writing, as required by
Colorado Rules of Civil Procedure, within the applicable time period, judgment by default may
be entered against you by the Court for the relief demanded in the complaint, without any further
notice to you.
The following documents are also served this summons: Complaint
e-FILED PER RULE 121. DULY SIGNED
COPY ON FILE AT THE OFFICES OF
WINTERS, HELLERICH & HUGHES, LLC
Thomas E. He lerich
This summons is issued pursuant to Rule 4, CRCP, as amended. A copy of the
complaint must be served with this summons. If served by Publication, summons shall
briefly state sum of money or other relief demanded.
M:\S2118\001\PLEAsummons.doc
District Court, Weld County, Colorado
9th Street and 9th Avenue
Greeley, Colorado 80631
(970) 351-7300
Plaintiffs: Garry and Kathleen Weinmeister, Harry D.
Hartshorn, Charles and Tina Shinner, and Thomas W.
Weiler
And
* COURT USE ONLY
Defendants: Marcelle L. Geudner and Cozy Cow Dairy,
LLC
Case Number:
2005 cv 265
Attorneys for Plaintiffs:
Thomas E. Hellerich, Esq.
Winters, Hellerich & Hughes, LLC Div.: 9 Ctrm:
5754 West 11th Street, Suite 101
Greeley, CO 80634
Phone Number: (970) 352-4805
FAX Number: (970) 352-6547
E-mail: thellerich@wh-h.com
Atty. Reg. #:2159
COMPLAINT FOR DECLARATORY JUDGMENT
PLAINTIFFS, by and through their attorneys Winters, Hellerich & Hughes, LLC,
and Thomas E. Hellerich as and for a complaint against the Defendants and pursuant to
C R. C. P. 57 request that the Court enter a declaratory judgment, declaring the rights
of the parties and in support thereof shows and states unto the Court as follows:
1. C. R. C. P. 57 provides that the Court may enter an order establishing the
rights, status and other legal relationships of all parties interested under a deed, will,
written contract, or other writing constituting the contract.
2. C.R.C.P. 57 further provides that any party in interest to such deed, will,
written contract, or other writing may bring such action to determine the rights of the
various parties.
3. Plaintiff and the Defendants are apparent beneficiaries of a certain deed
dated January 19, 1981 and recorded February 18, 1981 in the Weld county records at
Book 928, at reception no. 1849942. Said deed was executed by Jerry Bigbee as
grantor, and the beneficiaries are the owners of record of the adjacent properties. Said
MaS2118\001\PLD\COMPLAWT.doc
deed recites that the address for the adjacent properties are 28653, 28649, 28641,
28607 WCR 17, Weld County, Colorado. A copy of said deed is attached hereto and
marked Exhibit A and incorporated herein by reference.
4. Said deed sets forth a metes and bounds description. Upon information
and belief, the metes and bounds description describes the joint access private road, for
access to the property owned by Plaintiffs and Defendants.
5. A proof of possession dated June 2, 1982 and recorded June 16, 1982 in
Book 0970 at reception no. 1894758 of the Weld County records sets forth that a certain
road was owned by Jerry Bigbee and that Jerry Bigbee by deed recorded at reception
no. 1849942 conveyed ownership of the road to the adjacent properties. A copy of said
proof of possession is attached hereto and marked Exhibit B and incorporated herein by
reference.
6. A survey of the adjacent properties, and the roadway, described in Exhibit
A was subsequently prepared. A copy of said plat of survey is attached hereto and
marked Exhibit C and incorporated herein by reference.
7. Upon said information and belief, said roadway described in Exhibit A is a
roadway 60 +1- feet wide, which connects to WCR 17, and provides access to the
adjacent property owners, consisting of six parcels.
8. Plaintiffs Garry and Kathleen Weinmeister are the owners of parcel 5.
9. Plaintiff Harry D. Hartshorn is the owner of parcel 4.
10. Charles and Tina Shinner are the owners of parcel 6.
11. Thomas W. Weiler is the owner of parcels 3 and 3a.
12. Defendant Cozy Cow Dairy, LLC is the owner of parcel 1.
13. Defendant Marcelle L. Geudner is the owner of parcel 2.
14. That the historic use of the roadway has been 60 feet in width and has
been solely used for the private access to the residences located on the various
parcels.
15. That Marcelle L. Geudner ("Geudner"), the owner of parcel 2, has recently
without the consent or authorization of any other parcel owners, made modifications and
changes to the roadway, and has narrowed the roadway, contrary to the wishes and
desires of the Plaintiffs. A culvert was put in without any prior notice or consent of the
adjacent property owners which narrowed the existing roadway.
MAS2118\001\PLD\COMPLAINT.doc
16. That Defendant Geudner has an application pending before the Weld
County Board of County Commissioners USR 1495, to change the use of the property
owned by said Defendant from residential to a use by special review, for a commercial
operation. Said application contains a request that said Defendant be able to use the
private roadway for access to her commercial operation.
17. Plaintiffs have objected to Defendant Geudner's attempted use of the
property for the commercial operation under the application for use by special review.
18. Plaintiff's object to Defendant Geudner's attempt to change and expand
the historic use of the access easement.
19. The deed, Exhibit A, and the proof of possession, Exhibit B, does not
establish the names of the various owners of the roadway, and does not declare the
rights of the adjacent owners.
20. That the adjacent owners of the property do not have any system or
association in place to manage the care and maintenance, upkeep and use of the
roadway.
21. Pursuant to C.R.C.P. 57, the Court may enter declaratory judgment
declaring the ownership of the roadway, and the rights, benefits, obligations, burdens
and duties of each of the adjacent landowners, as to said roadway, and to set forth a
declaratory order that the roadway is for private use, and limited to access for ingress
and egress only to private residences.
WHEREFORE, Plaintiffs pray that the Court enter a declaratory judgment
declaring the rights of the parties, and declaring that the roadway is a 60 foot roadway,
and requiring the Defendant Timber Rock to move their attempted modifications to the
roadway, and return the roadway to its prior width and condition, and to enter an order
establishing the rights, duties, obligations and use of the roadway by and among the
adjacent property owners, and to establish the obligations for payment of the costs and
expenses for maintenance of the roadway, and for such other and further relief as the
Court may deem proper.
Respectfully submitted,
e-FILED PER RULE 121. DULY SIGNED
COPY ON FILE AT THE OFFICES OF
W2S, H ELLE RI LLC
D �
Thomas E. Hellerich
MAS2118\001\P LD\COM PLAINT.doc
Plaintiffs' Address:
Garry and Kathleen Weinmeister
28649 WCR 17
Windsor, CO 80550
Harry D. Hartshorn
28653 WCR 17
Windsor, CO 80550
Charles and Tina Shinner
28609 WCR 17
Windsor, CO 80550
Thomas W. Weiler
28641 WCR 17
Windsor, CO 80550
M:\S2118\0011P LD\COMP LAINT.doc
l ''' FFB 1 t 381
928 Recorded t clock a,,,,y,
Om Iter.ntin n 1fi/19/fit:. .._ 1 KWU- y-id Counte..+i Harm-der.rder. 64-
A eld County Color° o
RECORDER'S STAMP
IF
' ir Tills DEED, madeurrs 19th darn: January teal, II•
I
I betweenli
r JERRY BIG BEE
nIthe Countynf Weld and atnl°or 'I
o i. Colurado,ortlie Prat purl,and OWNERS OF RECORD OF THE
I,
ADJACENT PROPERTIES
n ' whose legal address is 28653, 28649, 28641, and 28607 II
Weld County Road 17
of the County of Weld .,rid etnw or
c Colorado,of the second part,
OwIn WITNESSETH,That of the first
the said partypart.for and In consideration of the sumo:r.
---One Dollar and other good and valuable consideration -00L-UAdte. !.
p to the said party of the first part in hand paid by the said parties or;me second part.the receipt whereof r.
C- is hereby confessed and acknowledged, has remised, released. sold. ran rrl rind QUIT CLAIMED, and be these
0 presentsdoes remise. sell,convey and QUIT CLAIM ontothe.vi,id ph,rtie Sof the second part. the heirs,se d
es e sore and assigns.forevr.all the right,tiller interest.rinslain,and dem,,nd whirh the shin party efthe first part I�
has in and to the following described Int or parcel of land situate.lying and hoing in the County
ginor Weld and State of Colorado.to wit,
-'r Part of the Northeast Quarter (Na) of Section Eight (8) , Township Five (5) I.
North, Range Sixty—seven (67) West, of the 6th P.M. , Weld County,
LL �I.. Colorado, being more particularly described as follows;
Beginning at the East Quarter Corner of said Section 8, Township 5 North, ,l
Range 67 West of the 6th P.M „ and considering the East line of said I
Section 8, Township 5 North, Range 67 West of the 6th P.M. , to bear
IINorth 00°00'00" East, and all other bearings contained herein relative
thereto; •
Thence South 89°54'12" West, 30.00 feet; thence North 00°00'00" East, II
610.17 feet to the True Point of Beginning; 1,
Thence South 88°43'58" West, 1,378.64 feet; Thence North 80°09'35"
II West, 872 ,83 feet; Thence South 56°12'57" West, 141. 17 feet; Thence
II North 26°10'22" West, 60.53 feet; Thence North 56°12'57" East, 155.89 H
feet; Thence South 80°09'35" East, 887.52 feet; Thence North 88°43'58"
East, 1,378.64 feet; Thence South 00°00'00" West, 60.00 feet to the
True Point of Beginning.
alsoknown as street and nand her
TO HAVE AND TO HOLD the same,together witl,all and singular the appurtenances and privileges thereunto
HpIA
`p belonging or in anywise - nun appertaining.and all the estate,right,title,interest and ch, n whatsoever,of the
said party of the first p t either in law o taunt to proper the only p- use.benefit and hehoof of the said partiesof
P the second part, the he' 1 _,ug . forever.Per. I
IN WITNESS WHEREON Trig said part y of the first prirILLS hereunto rt his hand
IP and seal the day 1 year first l (written. 1_
i�2/}... F _,1 ,/„LFy--ISEA LI i
Signed.Sealed and Delivered n the P .t„r of (T rry Bigbge) ✓
-- .._—ISEALI
I' ISEAL1
__ISEALI
STATE OPUOLOnADO, 1 •
.
county of Weld J I•
!•
The foregoing instrument was acknowledged before ore this 19th day of January•
1981 .by JERRY BICBEE.
�) / I.
My commission expires C.2.u.,r>e.,J-9/ ,l9(�� .tti l'less my Band and official.seal. -
e t : �'.,. 927 l ,.� ` /,,.�G
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No.933. guir gLAIM11 to a nim,r CI,ss p.MILLw,♦ Mr sae, e.e.i'r,,.e nn on'—on mx as.—z50
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ARIATI758 R 0970 RFC 01894758 06/16/82 13: 15 $3.00 1/001 i
_,� F 0898 MARY ANN FCt'ERSTEIN CLERK & RECORDER WELD CO; CO I
I
moor OF POSSESSION 1
1
STATE OF... Colorado ) - I SS. (TO COUNTY OF_..weld.._...
The undersigned.of lawful age.being first duly swoornn..deposes and says:E EXECTED
That --TERESTED PARTY) 1
1
._......0 the owner of the following described land in i
_ .. ....___._.J1eld......................_.County, ...._.__._...._i elorado . .. .... to-wit: i
Township S North, Range 67 West, 6th P. M. I
Section 5, A tract of land in the NEL described as beginning at the East Quarter
Corner of Section 8, and considering, the east line of Section. 8, to
bear N 00000'00" E, and all other bearings contained hErein relative
thereto; Thence S 89°54'12" U, 30.00 feet; Thence N 00 00'00" E, 610.17
feet to the true Eoint of beginning: Thence S 88°43.58" W, 1,378.64
feet; Thence N °C 39.35" U, 872,83 feet; Thence S 56°12.57" U, 141.17
feet; Thence N 26°10'22' U 60,53 feet; Thence N 56°12.57" E 155.89 feet; 1
Thence S 80009'35" E, 887.82 feet; Ther.ce N 88°43.58" E, 1,358.64 feet; 1
5 0 °00.00" U, 6((11.00 feet to the true point of beginning.
of Secti.o. _- __hens t awnship....-._ ...__Banged..._ "c.....-containing . ....3.30 acres more or less.
The undersigned further says that._._.be le f.n:!lfer rich said land and chat. ._ .he...... knows that
said owner F_• been is she actual open, peaceable and undisturbed possession of all of said land and shat no t
other penon claims or occupies said land adverse to said owner and that said owner has possession of said land
as follows: a road
Acquired 1/18/46 (Deed 1169, 517) by Lowell I., Cause, et al. 7/23/63 (WD 612,
1533605) by Raymond H. Frank and William K. Frank. 6/28/69 (ND 612, 1533606) by
Raymond E. Frank. 3/7/71 (ND 646, 1567653) by Jackie Chismar. 8/27/71 (Deed 652,
1574263) by Roy Lundvall, Trustee of the Jackie C. Chismar Trust. 5/31/72 (QCD '069.
1590591) by Jerry higbee. 1/19/81 (Deed 92Py,-184994 by 04ne 5 of Record of t
adjacent properties on 1/19/81. /r+- I /
F
Subscribed and sworn to before me. this..... �`Cday of .. ...` Yr .
My commission erpira 6/7( .4!// •_ � , Ib.t ea,,:c
__.._.._.__.—..4..CarnmIsticn E _r6f /77C ✓.75 !-f ate. 14c."7et,d;c. ,_1 . e
&el 18. 1985 S_. .1' /Co ,n•t •iejleic.1J :
2le..e1e Cie o'.
S / �,C..3"STATE CF , ,
COUNTY OF _ __._.—._. _ SS. (TO BE EXECUTED BY TENANT) E
The undemgnrd, of lawful age. hang first duly sworn, deposes and nays: That he occupies the above
described land as tenant of.
the owner thereof: that he became rush tenant on the day of. .... .............._ _._. .. . ...... 19. ._....
and that his tenancy is fog.....,_........_.years and will expire on the........__. day of. - 19 _.....
That be claims no title to said land other than as tenant as aforesaid.and does hereby state and dcdarr that his
right to possession in no way interferes with tin right of said owner to lease said lands for oil and gas develop-
ment porpma, and that his possession as tenant is subject to the rights of any lease or assignee under any oil
and/or gas lease executed by such owner.
Subscribed and sworn to before me, this day of 19 ..
My commission expiry _..._
Noedry Pvd4c.
STATE OF Colorado
COUNTY OF Hcld_....__.___.__ S5. (TO BE EXECUTED BY OWNER)
The undersigned, of lawful age. being first duly sworn, deposes and says: That he is the owner of said
above described lands. and that he has read the above and foregoing affidavits and certificates and p:cson:Aly
knows that he statements made therein are true and correct. and he has owned and been in possession of the
above described land for years.
Subscribed and ',worn to before me, this
My commission expires EXHIBIT b .
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