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Home My WebLink About20050967.tiff Weld County Planning Den rtment GREEL.FY OFFICE FEB 2 7005 James Brunelle R E C C I V:F D 17550 WCR5 Berthoud, Colorado 80513 January 31, 2005 Weld County Department of Planning Services Kim Cole, Planning Manager 918 10`h St. Greeley, Colorado 80631 Reference: Property Access Schwind Minor Subdivision #MZ1069 Dear Ms. Cole: Topic: Assuring Property Access. My Interest: The proposed rezoning of the Dave Schwind property at the intersection of Weld County Roads 5 and 38 from agricultural to residential in the form of a Minor Subdivision has a significant access impact to my property. My farm joins the Dave Schwind property on the east side of his property. Access to my most northeastern 14.75 acre field is only available along the Ish Ditch on the north end of the Schwind property. I reviewed the proposal in the Planning Office on Friday, Jan. 21, 2005. I observed that there is no mention of providing my continuation of historic use access for this property. I want to assure that this continuation of access is documented in the Dave Schwind Minor Subdivision proposal Background information Access to the north end of this quarter section along the Ish Ditch was used even long before I purchased this entire quarter section farm in 1974 with Mr. Marvin Mahrt. He and I purchased this farm in a simple partnership and actively farmed together accessing the northeastern part of our farm along the Ish Ditch. Several years later Mr. Mahrt sold his half of the farm, 80 acres,to Mr. Dave Schwind. I have continued to use this access to the 14.75 acre field in the northeast corner of my property, actively farming this field every year in crop production, controlling the noxious weeds, and allowing other parties access as necessary to service the Ish Ditch and an irrigation pump located on my property but owned and operated by the farm on the north side of Rd. 38. EXHIBIT S_ fc 2005-0967 '�— This piece of property is only vehicle and farm equipment accessible by driving along the south side of the Ish Ditch on the north end of the Dave Schwind property as this 14.5 acre field is surrounded on three sides by large irrigation ditches with no existing bridges. Three Additional Considerations First, the farm on the north side of Road 38 also requires this access to service and maintain a large irrigation pump located on my property, near the confluence of the Highland Lake Lateral Ditch and the Ish Ditch. This pump has been accessed in this manner also for over 30 years and is also only accessible through the north end of both the Schwind property and my property. Second, this access along the Ish Ditch is necessary to be kept open for emergency equipment in the event of a grass fire or any other emergency on the property. Third,the irrigation pump shared by Mr. Schwind and his neighbor on the south side is serviced electrically by a single dedicated overhead power line that runs through my property for nearly a half mile. This pump has been serviced for more than 30 years in this fashion, and I have no intention of denying anyone this power access and whatever it takes to maintain it. Action requested Because of Mr. Schwind's request for rezoning from agricultural to residential, a Minor Subdivision, I would like to request an action by the Weld County Planning Department to assure the continued access to this 14.75 acre property in the form of a right of way covenant or easement within the Schwind Minor Subdivision plan. Thank you for the notification and your consideration on this matter. Respectfully James Brunelle �7o S3s �3/ Bridge Foundation and Support between the Two Portions of Burnelle Property OpISSt yr - � x d s a , r ' N4 to r 1 j f EXHIBIT �- 16-:.x' view t,uunty Nanning ueparrment GREELEY OFFICE FEB 2 2005 James Brunelle RECEIVED 17550 WCR5 Berthoud, Colorado 80513 January 31, 2005 Weld County Department of Planning Services Kim Cole, Planning Manager 918 10th St. Greeley, Colorado 80631 Reference: Property Access Schwind Minor Subdivision #MZ1069 Dear Ms. Cole: Topic: Assuring Property Access. My Interest: The proposed rezoning of the Dave Schwind property at the intersection of Weld County Roads 5 and 38 from agricultural to residential in the form of a Minor Subdivision has a significant access impact to my property. My farm joins the Dave Schwind property on the east side of his property. Access to my most northeastern 14.75 acre field is only available along the Ish Ditch on the north end of the Schwind property. I reviewed the proposal in the Planning Office on Friday, Jan. 21, 2005. I observed that there is no mention of providing my continuation of historic use access for this property. I want to assure that this continuation of access is documented in the Dave Schwind Minor Subdivision proposal Background information Access to the north end of this quarter section along the Ish Ditch was used even long before I purchased this entire quarter section farm in 1974 with Mr. Marvin Mahrt. He and I purchased this farm in a simple partnership and actively farmed together accessing the northeastern part of our farm along the Ish Ditch. Several years later Mr. Mahrt sold his half of the farm, 80 acres,to Mr. Dave Schwind. I have continued to use this access to the 14.75 acre field in the northeast corner of my property,actively farming this field every year in crop production, controlling the noxious weeds,and allowing other parties access as necessary to service the Ish Ditch and an irrigation pump located on my property but owned and operated by the farm on the north side of Rd. 38. 11 EXHIBIT t This piece of property is only vehicle and farm equipment accessible by driving along the south side of the Ish Ditch on the north end of the Dave Schwind property as this 14.5 acre field is surrounded on three sides by large irrigation ditches with no existing bridges. Three Additional Considerations First,the farm on the north side of Road 38 also requires this access to service and maintain a large irrigation pump located on my property,near the confluence of the Highland Lake Lateral Ditch and the Ish Ditch. This pump has been accessed in this manner also for over 30 years and is also only accessible through the north end of both the Schwind property and my property. Second, this access along the Ish Ditch is necessary to be kept open for emergency equipment in the event of a grass fire or any other emergency on the property. Third, the irrigation pump shared by Mr. Schwind and his neighbor on the south side is serviced electrically by a single dedicated overhead power line that runs through my property for nearly a half mile. This pump has been serviced for more than 30 years in this fashion, and I have no intention of denying anyone this power access and whatever it takes to maintain it. Action requested Because of Mr. Schwind's request for rezoning from agricultural to residential, a Minor Subdivision, I would like to request an action by the Weld County Planning Department to assure the continued access to this 14.75 acre property in the form of a right of way covenant or easement within the Schwind Minor Subdivision plan. Thank you for the notification and your consideration on this matter. Respectf"ul'ly /512A44et James Brunelle 97d — , 3s'— 5/ r Hello