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Home My WebLink About20050196.tiff A (:t MEMORANDUM wilge TO: Clerk to the Board 12/23/2004 LA COLORADO FROM: Chris Gathman - Planner II C. SUBJECT: Satisfaction of Condition 1.A for USR-1483 - Prior to Scheduling Board Hearing * Condition of Approval 1.A (Prior to Scheduling Board of County Commissioners hearing) for USR-1483 has been satisfied. USR-1483 can now be scheduled for a Board of County Commissioners hearing. SERV ICE,TEAM WORK.INTEGRITY,QUALITY I EXHIBIT 2005-0196 /,/5 #- Y%6 Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles©comcast.net FACSIMILE: (303)440-6294 Macon Cowles, Esq. Thursday, August 26, 2004 Chris Gathman Department of Planning Services 1565 No.17th Avenue Greeley,CO 80631 Fax. No. (970) 304-6498 Re: USR-1470 Jose and Natalia Martinez 14484 Weld County Road 1 Dear Chris I am enclosing correspondence between Byron Marsh and me. Paragraph 3 of that letter shows you what we are now doing to satisfy the condition of approval relating to road maintenance. We are on Plan B, because I cannot get the Marsh's cooperation. In their defense, they have been justifiably very concerned about Mrs. Marsh's health this summer. But I must respond to the conditions of approval, and I hope to have something to you next week. Kind regards. Very truly yours, 11/44 dAl4t, Macon Cowles Enclosure cc: Jose and Natalia Martinez Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles©comcast.net FACSIMILE: (303)440-6294 Macon Cowles, Esq. Thursday, August 26, 2004 Mr. Byron L. Marsh 14492 Weld County Road 1 Longmont, CO 80504 Re: Jose and Natalia Martinez Use Review USR-1470 Dear Mr. Marsh: Thank you for your call today, letting me know that you believe the boulders are on your property—not the County Right of Way. We will respect your wishes not to move them. Mr. Martinez tells me that yesterday, the boulders appeared to be further from the centerline of the road than they have been in the past. So perhaps that will satisfy the County's desire to clear the ROW for County Road 1. I have asked you several times since April to please to let us know the financial cost to you of maintaining the road so that the Martinez can shoulder their share of the expense, as they would like to do. I have also asked you please to let us know what the Martinez can do to help you with the road maintenance. You have not told us either what your costs are, or what we can do to help. I will be glad to receive that information from you at anytime, and then to respond to any reasonable request for assistance. The Weld County Planning Department asked us to work out a deal with you for maintaining the road, or else go to Plan B: to submit our own plan if we cannot work something out with you. I am now working on Plan B, and expect to present our proposal for contributing to the maintenance of the road within the next week. I asked you today if you noticed that Mr. Martinez had cut the weeds along the private road right of way, in order to help with the maintenance. You said that you had noticed it, and that it "ticked [you] off" and that it had been done when the ground was too wet so that it left ruts. You want people to stay off the right of way, which is your property. I will let Mr. Martinez know, and I am sure he will comply. You ended the call today by hanging up on me after I told you I would be contacting the other neighbors to ask them what the Martinez can do to contribute to the road maintenance. I welcome any contact with you that can lead to a fair resolution with Mr. Byron L. Marsh Thursday, August 26, 2004 Page 2 respect to the road. The Martinez want to be good neighbors to you and the others with whom they share the road. Please feel free to call me any time. Kind regards. Very truly yours, Macon Cowles cc: Jose and Natalia Martinez rtfiris Gathman Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440-6294 Macon Cowles,Esq. Wednesday, August 25, 2004 Mr. Byron L. Marsh 14492 Weld County Road 1 Longmont, CO 80504 Re: Jose and Natalia Martinez Use Review USR-1470 Dear Mr. Marsh: I just want to follow up on a message that I left on your answering machine this morning. The County (Randy Hoover at Weld County Public Works (970) 304-6496 ext. 3786) has asked us to move the boulders that you placed in the County Right of Way where the private road meets County Road 1. This is in preparation for repairing the damaged culvert and extending it so that it is long enough that vehicles will not fall into the ditch as they make the turn. We are glad to move the boulders, and will do so prior to next Monday. As I mentioned on the message I left, if you would like to have those boulders moved to some place in particular, please just let us know, and we will be glad to accommodate your request. I can be reached at (303) 447-3062. And Jose Martinez can be reached at (720) 938- 3493. Also, this week we are contacting each of the people who use the private road to ask them their wishes about maintenance on the road so that we can put together a plan that makes sense, whereby Martinez Landscaping can contribute to the burden of maintaining the road between the Martinez property and CR 1. 1 would appreciate your letting me know what additional maintenance you would like to see. Mr. and Mrs. Martinez would like to carry some of the burden that has been only on your shoulders for maintaining the road. You may have noticed that Martinez Landscaping has been cutting the grass and weeds alongside the road this summer. I know that this has not been a good time for us to discuss the road maintenance with you, because you have been justifiably concerned about Yvonne's health this summer. We want you to know that our thoughts are with you and we send you our best wishes. Kind regards. Very truly yours, leftent, dtatt_ Macon Cowles cc: Jose and Natalia Martinez an hris Gathman EX NW - I Transcript from telephone conversation left on our answering machine by Mr. Cowles on Wed., Aug. 25, 20004. The original cassette tape is available. Mr. Marsh, Good morning. This is Macon Cowles calling on behalf of Jose Martinez. I wanted to let you know that the county (uhm) is likely going to be putting an extension on that culvert right where the private road meets the public road-and (uhm)they have asked us to move the boulders somewhere. If you want us to place them anywhere, in particular, or to return them to you, please let me know by calling me at 303-447-3062, otherwise we will dispose of them as best we know how. They have asked us to remove these boulders because they are on the county right-of-way...(hesitation)that's what they (uh) ...that is one of the requirements for us the (uh)county has with respect to the (uh) approval of our use review there. So again my number is 303-447-3062. Hope you and Yvonne are doing okay. Bye, bye. I typed this as accurate as possible. Please note the discrepancies between this and the follow-up letter regarding the boulders. Typed by Yvonne Marsh on Sept. 10, 2004 UMW Macon Cowles S __ _ ; _- _ 1680 Wilson Court Boulder,Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440-6294 Macon Cowles, Esq. Wednesday, August 25, 2004 Mr. Byron L. Marsh 14492 Weld County Road 1 Longmont, CO 80504 Re: Jose and Natalia Martinez Use Review USR-1470 Dear Mr. Marsh: I just want to follow up on a message that I left on your answering machine this morning. The County (Randy Hoover at Weld County Public Works (970) 304-6496 ext. 3786) has asked us to move the boulders that you placed in the County Right of Way where the private road meets County Road 1. This is in preparation for repairing the damaged culvert and extending it so that it is long enough that vehicles will not fall into the ditch as they make the turn. We are glad to move the boulders, and will do so prior to next Monday. As I mentioned on the message I left, if you would like to have those boulders moved to some place in particular, please just let us know, and we will be glad to accommodate your request. i can be reached at (303) 447-3062. And Jose Martinez can be reached at (720) 938- 3493. Also, this week we are contacting each of the people who use the private road to ask them their wishes about maintenance on the road so that we can put together a plan that makes sense, whereby Martinez Landscaping can contribute to the burden of maintaining the road between the Martinez property and CR 1. I would appreciate your letting me know what additional maintenance you would like to see. Mr. and Mrs. Martinez would like to carry some of the burden that has been only on your shoulders for maintaining the road. You may have noticed that Martinez Landscaping has been cutting the grass and weeds alongside the road this summer. I know that this has not been a good time for us to discuss the road maintenance with you, because you have been justifiably concerned about Yvonne's health this summer. We want you to know that our thoughts are with you and we send you our best wishes. Kind regards. Very truly yours, Asir. ask-- Macon Cowles cc: Jose and Natalia Martinez Macon Cowles 1680 Wilson Court Boulder,Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440-6294 Macon Cowles,Esq. Thursday, August 26, 2004 Chris Gathman Department of Planning Services 1565 No. 17th Avenue Greeley,CO 80631 Fax. No. (970) 304-6498 Re: USR-1470 Jose and Natalia Martinez 14484 Weld County Road 1 Dear Chris I am enclosing correspondence to the neighbors who share the private road with the Martinez' and Marshes. We are actively soliciting their comments so that we can incorporate their concerns into the road maintenance plan that we will shortly be submitting to the County. I thought you would like to have this correspondence for the file. Kind regards. Very truly yours, Macon Cowles Enclosure cc: Jose and Natalia Martinez Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440-6294 Macon Cowles, Esq. Wednesday, September 1, 2004 Kory Hanson 14490 Weld Count Road 1 Longmont, Colorado 80504 Re: 14484 Weld County Road 1 Dear Mr. Hanson: I am the lawyer working with Natalia and Jose Martinez in connection with the use of this property in support of their landscaping business. On May 18, 2004, the Weld County Planning Commission approved the limited use of the property for a landscaping business. One of the conditions of approval is that we "provide a plan as to how [we] will maintain the private road to address the additional traffic generated by the business." We intend to prepare the plan and submit it to the County within the next two weeks. As you know, we use the private road for the first 600 feet east of Weld County Road 1 to access our property. Would you kindly let me or the Martinez' know what you would like us to do to provide additional maintenance on that section of the road in order to reduce the impact of our use of the road on you and your family? We want to address your concerns in writing the plan. As an example, you might want to consider dust control, or widening the culvert where the private road adjoins the County Road. Please call me or Jose and Natalia Martinez at the numbers set forth below. I will also be coming to visit you this weekend in order to receive comments from you that we can incorporate into the plan. Macon Cowles Jose and Natalia Martinez (303) 447-3062 (303) 651-3424 Thank you very much for your consideration and help with our request. Very truly yours, afgat iletete Macon Cowles cc: Jose and Natalia Martinez Chris Gathman, Weld County Planning Department Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440-6294 Macon Cowles, Esq. Wednesday, September 1, 2004 Neighbor of Jose and Natalia Martinez 14486 Weld Count Road 1 Longmont, Colorado 80504 Re: 14484 Weld County Road 1 Dear Neighbor: I am sorry that I do not know your name—I have only your address. I am the lawyer working with Natalia and Jose Martinez in connection with the use of this property in support of their landscaping business. On May 18, 2004, the Weld County Planning Commission approved the limited use of the property for a landscaping business. One of the conditions of approval is that we "provide a plan as to how [we] will maintain the private road to address the additional traffic generated by the business." We intend to prepare the plan and submit it to the County within the next two weeks. As you know, we use the private road for the first 600 feet east of Weld County Road 1 to access our property. Would you kindly let me or the Martinez' know what you would like us to do to provide additional maintenance on that section of the road in order to reduce the impact of our use of the road on you and your family? We want to address your concerns in writing the plan. As an example, you might want to consider dust control, or widening the culvert where the private road adjoins the County Road. Please call me or Jose and Natalia Martinez at the numbers set forth below. I will also be coming to visit you this weekend in order to receive comments from you that we can incorporate into the plan. Macon Cowles Jose and Natalia Martinez (303) 447-3062 (303) 651-3424 Thank you very much for your consideration and help with our request. Very truly yours, aft?4, Macon Cowles cc: Jose and Natalia Martinez Chris Gathman, Weld County Planning Department Macon Cowles 1680 Wilson Court Boulder,Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440-6294 Macon Cowles,Esq. Wednesday, September 1, 2004 Troy Swazoe 14486 Weld Count Road 1 Longmont, Colorado 80504 Re: 14484 Weld County Road 1 Dear Mr. Swazoe: I am the lawyer working with Natalia and Jose Martinez in connection with the use of this property in support of their landscaping business. On May 18, 2004, the Weld County Planning Commission approved the limited use of the property for a landscaping business. One of the conditions of approval is that we "provide a plan as to how [we] will maintain the private road to address the additional traffic generated by the business." We intend to prepare the plan and submit it to the County within the next two weeks. As you know, we use the private road for the first 600 feet east of Weld County Road 1 to access our property. Would you kindly let me or the Martinez' know what you would like us to do to provide additional maintenance on that section of the road in order to reduce the impact of our use of the road on you and your family? We want to address your concerns in writing the plan. As an example, you might want to consider dust control, or widening the culvert where the private road adjoins the County Road. Please call me or Jose and Natalia Martinez at the numbers set forth below. I will also be coming to visit you this weekend in order to receive comments from you that we can incorporate into the plan. Macon Cowles Jose and Natalia Martinez (303) 447-3062 (303) 651-3424 Thank you very much for your consideration and help with our request. Very truly yours, /(44A, Macon Cowles cc: Jose and Natalia Martinez Chris Gathman, Weld County Planning Department Byron & Yvonne Marsh 14492 Weld County Road#1 Longmont, CO. 80504 Home Phone(303)651-2013 September 10, 2004 Weld County Planning Commission Weld County South Office 4209 CR 24 1/2 Longmont, CO. 80501 Attn: Chris Gatham, other members of the Board Subject: Follow up on Marsh/Martinez issue. We talked to Chris Gatham in the latter part of August to ask if the next Commissioner's meeting had been scheduled and to ask where we were at in terms of progress regarding our private driveway being used by a business. The safety concerns and other issues from the previous meeting are still a concern. He informed us that the Martinez's still had some requirements to meet and might have to get an extension to give them additional time. I stated frustration regarding the fact that a business can use a private driveway without Permission for an indefinite period of time Then we later learned that the business was operatirtgwithout a permit. I asked what if anything, we could do to expedite the issue. He suggested another letter and that he would notify us regarding the next meeting. Since the county/commissioners have been involved, we have received a great deal of correspondence from the Martinez's and Macon Cowles. Letters, notes, phone calls etc. At times they expressed frustration because we did not respond immediately. In addition they have made attempts to "help the road". Once, they scraped the gravel &snow up into little piles, Byron had to grade it out. Recently, without asking, they mowed part of the right of way. Unfortunately, they did this when the road was wet and left ruts in the right of way. They announce these things as favors, showing that they are helping to maintain the road. The fact is Byron had already mowed the right of way (3) three times and did so again, as soon as he was able to. We have not always responded to the many phone calls and letters. The major reason is that I have been in and out of the hospital this summer, 3-4 times with major surgeries and complications. Mr. Cowles called this summer, while I was in the hospital and talked to our daughter. She is from Michigan and tried to help us handle things, while I was sick. The day I got home from the hospital, he called again. As always, they wanted meetings and resolutions. Messages were left on the machine and of course letters followed. In every case Byron had the messages and was responding, as quickly as possible. I might add that I am grateful that his priorities remained with me. We are senior citizens. We have lived here many years and always abided by the law. We have maintained the road according to the stipulations that came when we purchased the land. This whole issue is beginning to become one of harassment. An example of this is the telephone message on Wed. Aug. 25, 2004 concerning the boulders at the entrance of the driveway and the announcement that-we were likely going to be getting an extension off the culvert. and that the county had asked the Martinez's & Mr. Cowles to move the boulders that are there. They asked what we would like done and if we did not notify them,they would dispose of them as best they knew how." As soon as possible I called the county. They responded as follows, yes they would be putting in a culvert, 30 ft. long, to meet the county standards. That the boulders were not a problem, if they were in the way, they would simply move them aside and replace them. The county indicated that we did not have anything to worry about. Interestingly,the courts have already stated that the driveway is to be maintained at 12 ft. in width EXHIBIT I " . :14GWso — The Martinez's and Mr. Cowles monitor the activity of the road. Mr. Cowles told Byron that Mr. Martinez said the boulders had been moved, implying we were now meeting the requirements. The boulders have always met the requirements. Initially they were placed at 30 feet from the center line of WCR# 1. Byron moved them (2)two more feet in on our right of way, to facilitate the county placing the culvert. Their latest proposal on, Aug. 26, 2004, is that if they cannot work out a plan with us, they will go to "Plan B", and will submit their proposal,for contributing to the maintenance. Somehow, this sounds like another threat. In the past we have contacted each neighbor with a request for payment to maintain the road. This has been met with silence, except for the Martinez's,who say they did not receive a copy. One was given to someone at the residence below us. At that time we had no idea that Mr. and Mrs. Martinez did not live there. The gentleman said he would give it to them. Did they make any effort to track it down or clarify the matter with their employee? It is our belief that if the road is used for residential purposes only. we can continue as we have been. The road is rough, but that is not all bad, in terms of safety for the children who do play on it. The bumps do slow traffic. That, or we can contact some construction companies, as the court designated in 1988. We can get bids and contract with one to maintain the road and each member would pay a percentage of the cost based on use. At that time the court order stated that the cost would be shared equally among the four residents. Anyone using the easement would be personally liable and pay for any damage, caused by improper use of the easement beyond normal wear and tear. This may be the only workable solution. It is certainly one that we can pursue, but a portion of each resident's share would have to be paid up front, to cover the cost. Thank you for your patience and time in reading this letter. We had understood at the last meeting that the commissioners would discuss this and reach a resolution at the next meeting. Sincerely, jyzrn. / Byron &Yvonne Marsh Enc: (2) letters from Macon Cowles (1)transcript from phone message (the cassette tape is also avail.) • Weld County Planning Department GREELEY OFFICE OCT 2 8 2004 RECEIVED Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles©comcast.net FACSIMILE: (303)440-6294 Macon Cowles, Esq. Tuesday, October 26, 2004 Chris Gathman Department of Planning Services 1555 N.17th Avenue Greeley,C0 80631 Fax. No. (970) 304-6498 Re: USR-1470 Jose and Natalia Martinez 14484 Weld County Road 1 Dear Chris I am enclosing the original signed copies of the following: 1. Waste Management Plan, required by Condition 2E. 2. Dust Abatement Plan, required by Condition 2C. I am copying Char Davis on this, and enclosing copies of these agreements for her. Perhaps you and I could discuss the status of this on the phone. We will shortly have a Road Maintenance Plan to you, and with that, I believe the matter can no be set for hearing before the County Commissioners. Kind regards. Very truly yours, I/64N """"ice Macon Cowles Enclosure cc: Jose and Natalia Martinez Char Davis, Weld County Department.of Public Health & Environment law Dust Abatement Plan Landowners: Jose and Natalia Martinez Martinez Landscaping 15002 Singletree Drive Mead, CO 80542 Property Address: 14488 Weld Count Road 1 Longmont, Colorado 80504 Weld County Special Review Permit USR-1470 Date: October 4, 2004 As a condition for the approval of USR-1470, the Landowners present the following Dust Abatement Plan to address Condition 2C in the staff Memorandum for the May 18, 2004 hearing, and promise that they will comply with the Plan. The fencing of this area has been completed, and will reduce the force of wind events. The parking lot is now covered with crushed gravel to eliminate concerns about fugitive dust from bare dirt. Occasionally, the landowners store dirt piles of less than 5 cubic yards on a temporary basis. This occurs when they have extra soil from one of their customers, which they would store until it can be used for the next customer who needs extra soil. Fugitive dust from the temporary storage of soil will be controlled either (a) by covering the pile with a tarpaulin, weighted at the edges, or (b) by watering the surface of the pile sufficiently to hold the soil in place. , }aAL `J ) 107.4111,1),, > ose Martinez Natalia Martinez Dust Abatement Plan USR-1470 Page 1 Waste Management Plan Landowners: Jose and Natalia Martinez Martinez Landscaping 15002 Singletree Drive Mead, CO 80542 Property Address: 14488 Weld Count Road 1 Longmont, Colorado 80504 Weld County Special Review Permit USR-1470 Date: October 4, 2004 As a condition for the approval of USR-1470, the Landowners present the following Waste Management Plan, and promise that they will comply with the Plan. 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). No wastes are generated on site. Wastes are only stored and used on site as described in sections 2 and 3 below. 2) A list of the type and volume of chemicals to be stored on site. A. Gasoline: Less than 5 gallons, stored in an appropriate container. B. New motor oil: No more than a case of 12 cans. C. Used motor oil is poured into a 55 gallon metal barrel. When it is 1/4 to 1/2 full, it is taken for recycling to the Auto Parts store listed in response to paragraph 3. D. New hydraulic Fluid: a 5-gallon container with new hydraulic fluid is kept on site, to top off hydraulic reservoirs as required. E. Old hydraulic fluid is placed in a 5-gallon container that is taken for recycling to the Auto Parts store listed in response to paragraph 3. F. No pesticides are kept on site. G. Herbicides: Landmaster and Roundup in a gallon size are kept on site. Landmaster is an herbicide applied to control weeds in turf on customers' properties. Roundup is used to control weeds and grass on customers' properties. Waste Management Plan USR-1470 Page 1 • 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number) Hydraulic fluid and used motor oil is taken to the following vendor for recycling: Mountain Truck and Equipment Co. 717 South Main Longmont, CO 80501 (303) 776-4603 Empty herbicide containers are rinsed three times with water and then discarded in the dumpster. The Landowner takes special care not to cause any spill of waste on the ground, understanding that any spill can contribute to groundwater contamination. If there is an inadvertent spill, the contaminated soil is immediately scooped up and placed into the dumpster on site. The dumpster is picked up periodically by: Waste Management 500 East Vine Drive Fort Collins, CO 80524 (970) 482-6319 ose Martinez Natalia Martinez Waste Management Plan USR-1470 Page 2 Byrn L & Wane S Marsh 14492 WC R. #1 Longmont CO. 20504 Home Phone(303)651-2013 October 31, 2004 Macon Cowles&Associates,PC 1680 Wilson Court Boulder, Colorado, 80304 Dear Mr. Cowles, We have read and considered the proposal for the"Road Maintenace Plan", dated October,28, 2004. We do not believe that it offers adequate coverage for the heavy vehicles and number of employees and residents that will be using the road. Sincerely, � u Pr-errniS 'V2 Byron L.&Yvonne S. Marsh r t•r-rt • Macon Cowles S Assoclates .PC 1680 Wilson Court Boulder, Colorado 80304 • - (303)447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440.6294 . Macon Cowles,Esq. Thursday, October 28, 2004 Kory Hanson Troy Swazoe 14490 Weld Count Road 1 14486 Weld Count Road 1 Longmont, Colorado 80504 Longmont, Colorado 80504 • Toby Jon Foss Trust Mr.Byron L. Marsh 14488 Weld Count Road 1 14492 Weld County Road 1 Longmont, Colorado 80504 Longmont, CO 80504 • • Re: 14484 Weld County Road 1 • • Dear Neighbor. I want to thank you for the time you have spent reading my prior correspondence and discussing with me the private road that you all share with Jose and Natalia Martinez. As a condition to letting the Martinez use their property for their-landscaping business, the County has real B n for the private road ham endiosing a draft of the Road Maintenance Plane We would like to have your comments and suggestions prior to submitting the Plan to the County. I have tried to take into account the specific concerns about the road that you have expressed to me. Would you kindly read the plan and let me know by a phone call or letter what you think? As a point of reference, the piece of equipment that Jose proposes to purchase at a cost of more than $3,000 and use to maintain the road is the equipment that graded the road on October l8'. I look forward to receiving your comments. Please let me hear from you within a week (on or before November 4) so that I can consider your comments prior to submitting the Plan to the County. Kind regards. Very truly yours, • • acon ovules ' . . • Enclosure • cc: Jose and Natalia Martinez Chris Gathman Road Maintenance Plan Landowners: Jose and Natalia Martinez Martinez Landscaping 15002 Singletree Drive Mead, CO 80542 Property Address: 14488 Weld Count Road 1 Longmont, Colorado 80504 Weld County Special Review Permit USR-1470 Date: October 26, 2004 §1. Context. This Road Maintenance Plan arises out of Condition IA of the Conditions of Approval attached to the approval of USR-1470 by the Weld County Planning Commission on May 18, 2004.The obligations undertaken by the Martinez are conditioned on the approval of USR- 1470 by the Weld County Commissioners. §3. Background. The following property owners have access from Weld County Road 1 by means of an easement on a private road: Mr. Byron L. Marsh Toby Jon Foss Trust 14492 Weld County Road 1 14488 Weld Count Road 1 Longmont. CO 80504 Longmont, Colorado 80504 Troy Swazoe Kory Hanson 14486 Weld Count Road 1 14490 Weld Count Road 1 Longmont, Colorado 80504 Longmont, Colorado 80504 Jose and Natalia Martinez 14488 Weld Count Road 1 Longmont, Colorado 80504 This road provides access to each of the five properties. The predecessor in title of the property now owned by Byron Marsh used to own all the other parcels listed above. When that predecessor in title sold the other parcels, an easement was conveyed with the property so that the grantee would have access to his/her property across this private road. In an order dated March 15, 1988 involving all the property owners who use this road, the Weld County District Court ordered (1) Byron Marsh's predecessor in title to maintain the road and not to interfere with the others' right to use the road, and , (2) that maintenance costs "shall be Road Maintenance Plan Thursday, October 28, 2004 Page 1 borne equally by the users of the easement in proportion to properties benefiting from the easement." See Order, 9[ 4, Knibbs, et al. v. Grengs et ux, Weld County District Court Civil Action No. 87CV491, Division 4. In other words, Mr. Marsh may, at any time, get the cooperation of the other property owners who use this road to pay a portion of the expenses of maintaining the road. To date, however, that has not happened. §2. Commitment to pay pro rata share of the expenses of maintaining the road. Jose and Natalia Martinez bind themselves to pay a proportionate share of the reasonable expenses of maintaining the road as ordered by the Court in Knibbs v. Grengs. §3. Additional Traffic. Additional traffic would be generated by the approval of USR 1470 from the following equipment approved in ¶SI 3 and 6 of the development standards: • 1 six ton truck; • 1 one ton truck • 3 trailers • 2 small loaders • A maximum of 4_ pin�v g vehicle an sit Opt coup ' lg the vehicles_beslonging to the people who live in the residence on the pwperty- §3. Road Maintenance Commitment of Landowners. Until the Marshes request payment for road maintenance expenses as mentioned in § 2 above, Jose and Natalia Martinez bind themselves to perform the following road maintenance in order to mitigate the effects of the additional traffic attendant on the approval of USR 1470. §3.1. Widening the Culvert. Working with the County, the Martinez' have obtained the repair of the crushed culvert at the intersection of the private road and CR1 and the culvert has been lengthened. §3.2. Trash collection. The Martinez will collect any accumulated trash from the side of the private road between the intersection • with Weld CR 1 and the Martinez property at least twice a year. § 3.3. Potholes and Washboards. Landowners will purchase a Wanatualcer Roller Levelerithe retai] price r the equipment Is- $4,250- $5.450) and will use this equipment to grade the road between the intersection with Weld CR 1 and the Martinez property Road Maintenance Plan Thursday, October 28, 2004 Page 2 as needed, or at least twice a year. This is the same piece of equipment that a contractor, hired by the Martinez, used to grade the road on October 18. 2004. Jose Martinez Natalia Martinez Road Maintenance Plan Thursday, October 28, 2004 Page 3 • • Weld County Planning Department GREELEY OFFICE • • NOV 0 2 2004 RECEIVE() Macon Cowles •1680 Wilson Court Boulder, Colorado 80304 • (303)447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net • FACSIMILE: (303)440-6294 Macon Cowles, Esq. • • • Thursday, October 28, 2004 Kory Hanson Troy Swazoe • 14490 Weld Count Road 1 • 14486 Weld Count Road 1 • Longmont, Colorado 80504 Longmont, Colorado 80504 • •Toby Jon Foss Trust • Mr. Byron L. Marsh 14488 Weld Count Road 1 14492 Weld County Road 1 Longmont, Colorado 80504 Longmont, CO 80504 Re: 14484 Weld County Road 1 • Dear Neighbor: • I want to thank you for the time you have spent reading my prior correspondence and discussing with me the private road that you air share with Jose and Natalia Martinez. As a condition to letting the Martinez use their property for their landscaping business, the County has required us to propose a Road Maintenance Plan for the private road. I am enclosing a draft of the Road Maintenance Plan. We would like to have your comments and suggestions prior to submitting the Plan to the County. I have tried to • take into account the specific concerns about the road that you have expressed to me. Would-you kindly read the plan and let me know by a phone call or letter what you think? • As a point of reference, the piece of equipment that Jose proposes to purchase at a cost of more than $3,000 and use to maintain the road is the equipment that graded the road on October 18th. I look forward to receiving your comments. Please let me hear from you within a week (on or before November 4) so that I can consider your comments prior to submitting the Plan to the County. Kind regards. . • Very truly yours, • • • Macon Cowles Enclosure cc: Jose and Natalia Martinez Chris Gath-man • • • a -re.P Road Maintenance Plan Landowners: Jose and Natalia Martinez Martinez Landscaping 15002 Singletree Drive Mead, CO 80542 Property Address: 14488 Weld Count Road 1 Longmont, Colorado 80504 Weld County Special Review Permit USR-1470 Date: October 26, 2004 §1. Context. This Road Maintenance Plan arises out of Condition 1A of the Conditions of Approval attached to the approval of USR-1470 by the Weld County Planning Commission on May 18, 2004. The obligations undertaken by the Martinez are conditioned on the approval of USR- 1470 by the Weld County Commissioners. §3. Background. The following property owners have access from Weld County Road 1 by means of an easement on a private road: Mr. Byron L. Marsh Toby Jon Foss Trust 14492 Weld County Road 1 14488 Weld Count Road 1 Longmont, CO 80504 Longmont, Colorado 80504 Troy Swazoe Kory Hanson 14486 Weld Count Road 1 14490 Weld Count Road 1 Longmont, Colorado 80504 Longmont, Colorado 80504 Jose and Natalia Martinez 14488 Weld Count Road 1 Longmont, Colorado 80504 This road provides access to each of the five properties. The predecessor in title of the property now owned by Byron Marsh used to own all the other parcels listed above. When that predecessor in title sold the other parcels, an easement was conveyed with the property so that the grantee would have access to his/her property across this private road. In an order dated March 15, 1988 involving all the property owners who use this road, the Weld County District Court ordered (1) Byron Marsh's predecessor in title to maintain the road and not to interfere with the others' right to use the road, and , (2) that maintenance costs "shall be Road Maintenance Plan Thursday, October 28, 2004 Page 1 borne equally by the users of the easement in proportion to properties benefiting from the easement." See Order, 9I 4, Knibbs, et al. v. Grengs et ux, Weld County District Court Civil Action No. 87CV491, Division 4. In other words, Mr. Marsh may, at any time, get the cooperation of the other property owners who use this road to pay a portion of the expenses of maintaining the road. To date, however, that has not happened. §2. Commitment to pay pro rata share of the expenses of maintaining the road. Jose and Natalia Martinez bind themselves to pay a proportionate share of the reasonable expenses of maintaining the road as ordered by the Court in Knibbs v. Grengs. §3. Additional Traffic. Additional traffic would be generated by the approval of USR 1470 from the following equipment approved in VI( 3 and 6 of the development standards: • 1 six ton truck; • 1 one ton truck • 3 trailers • 2 small loaders • A maximum of 4 employee vehicles on site, not counting the vehicles belonging to the people who live in the residence on the _ property. §3. Road Maintenance Commitment of Landowners. Until the Marshes request payment for road maintenance expenses as mentioned in § 2 above, Jose and Natalia Martinez bind themselves to perform the following road maintenance in order to mitigate the effects of the additional traffic attendant on the approval of USR 1470. §3.1. Widening the Culvert. Working with the County, the Martinez' have obtained the repair of the crushed culvert at the intersection of the private road and CR1 and the culvert has been lengthened. §3.2. Trash collection. The Martinez will collect any accumulated trash from the side of the private road between the intersection with Weld CR 1 and the Martinez property at least twice a year. § 3.3. Potholes and Washboards. Landowners will purchase a Wanamaker Roller Leveler (the retail price for the equipment is $4,250- $5,450) and will use this equipment to grade the road between the intersection with Weld CR 1 and the Martinez property Road Maintenance Plan Thursday, October 28, 2004 Page 2 as needed, or at least twice a year. This is the same piece of equipment that a contractor, hired by the Martinez, used to grade the road on October 18. 2004. Jose Martinez Natalia Martinez Road Maintenance Plan Thursday, October 28, 2004 Page 3 Weld County Planning Dep.arirr GREELEY OFFICE DEC 1 5 2004 RECEIVED Road Maintenance Plan Landowners: Jose and Natalia Martinez Martinez Landscaping 15002 Singletree Drive Mead, CO 80542 Property Address: 14488 Weld Count Road 1 Longmont, Colorado 80504 Weld County Special Review Permit USR-1470 Date: November 30, 2004 §1. Context. This Road Maintenance Plan arises out of Condition lA of the Conditions of Approval attached to the approval of USR-1470 by the Weld County Planning Commission on May 18, 2004. The obligations undertaken by the Martinez are conditioned on the approval of USR- 1470 by the Weld County Commissioners. §2. Background. The following property owners have access from Weld County Road 1 by means of an easement on a private road: Mr. Byron L. Marsh Toby Jon Foss Trust 14492 Weld County Road 1 14488 Weld Count Road 1 Longmont, CO 80504 Longmont, Colorado 80504 Troy Swazoe Kory Hanson 14486 Weld Count Road 1 14490 Weld Count Road 1 Longmont, Colorado 80504 Longmont, Colorado 80504 Jose and Natalia Martinez 14488 Weld Count Road 1 Longmont, Colorado 80504 This road provides access to each of the five properties. The predecessor in title of the property now owned by Byron Marsh used to own all the other parcels listed above. When that predecessor in title sold the other parcels, an easement was conveyed with the property so that the grantee would have access to his/her property across this private road. In an order dated March 15, 1988 involving all the property owners who use this road, the Weld County District Court ordered (1) Byron Marsh's predecessor in title to maintain the road and not to interfere with the others' right to use the road, and, (2) that maintenance costs "shall be borne equally by the users of the easement in proportion to properties benefiting from the easement." See Order, 'II 4, Knibbs, et al. v. Grengs et ux, Weld County District Court Civil Action No. 87CV491, Division 4. In other words, Mr. Marsh may, at any time, get the cooperation of the other property owners who use this road to pay a portion of the expenses of maintaining the road. To date, however, that has not happened. Wait Road Maintenance Plan November 30, 2004 Page 1 §3. Commitment to pay a fair share of the expenses of maintaining the road. Jose and Natalia Martinez bind themselves to pay a fair share of the reasonable expenses of maintaining the road as ordered by the Court in Knibbs v. Grengs, taking into consideration the use and benefit that the property owners who share the road derive from it. §4. Additional Traffic. Additional traffic would be generated by the approval of USR 1470 from the following equipment approved in 91% 3 and 6 of the development standards: • 1 six ton truck; • 1 one ton truck • 3 trailers • 2 small loaders • A maximum of 4 employee vehicles on site, not counting the vehicles belonging to the people who live in the residence on the property. §5. Road Maintenance Commitment of Landowners. Until the Marshes request payment for road maintenance expenses as mentioned in § 2 above, Jose and Natalia Martinez bind themselves to perform the following road maintenance in order to mitigate the effects of the additional traffic attendant on the approval of USR 1470. §5.1. Widening the Culvert. Working with the County, the Martinez' have obtained the repair of the crushed culvert at the intersection of the private road and CR1 and the culvert has been lengthened. §5.2. Trash collection. The Martinez will collect any accumulated trash from the side of the private road between the intersection with Weld CR 1 and the Martinez property at least twice a year. § 5.3. Potholes and Washboards. The Martinez' will purchase a Wanamaker Roller Leveler (the retail price for the equipment is $4,250- $5,450) and will use this equipment to grade the road between the intersection with Weld CR 1 and the Martinez property as needed, or at least twice a year—to the extent they are permitted to do so by the Marshes. This is the same piece of equipment that a contractor, hired by the Martinez, used to grade the road on October 18. 2004. (GI� ose Martinez Natalia Martinez Road Maintenance Plan November 30, 2004 Page 2 • Weld County Planning Department CREELEY OFFICE • DEC iu 2004 RECEIVED Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 - • (303)447-3062 E-MAIL ADDRESS: macon.cowlescomcast.net - FACSIMILE: (303)440-6294 Macon Cowles, Esq. • Monday, December 13, 2004 • Chris Gathman Department of Planning Services 1555 No.17th Avenue Greeley,CO 80631 Fax. No. (970) 304-6498 • Re: , USR-1470 Jose and Natalia Martinez 14484 Weld County Road 1 ' Dear Chris: • I want to keep you current on our dealings with the Marshes. The Martinez received a certified letter from Byron Marsh dated December 6 demanding $550 for road maintenance. A copy of the letter is attached. We have always maintained—and the Road Maintenance Agreement so provides-that we are willing to pay our fair share of the cost of maintaining the road. Here is what the Road Maintenance Plan has to say about that: • §3. Commitment to pay a fair share of the expenses of maintaining the road. Jose and Natalia Martinez bind themselves to pay a fair share of the reasonable expenses of maintaining the road as ordered by the Court in Knibbs v. Grengs, taking into consideration the use and benefit that the property owners who share the road derive from it. As far as I can tell, it seems that Jose and Natalia are the only property owners using the road who have been given a demand to pay at all. That's not reason enough for the • Martinez not to pay their fair share. But is it fair? Given the animosity shown by Mr. Marsh in the past, the amount seems more consistent with his grudge against the Martinez than it does a fair assessment of what the Martinez fairly ought to contribute as their share. This is particularly so given the fact that Mr. Marsh got very angry,in August when Jose had his workers mowing the weeds along.the road to help maintain it; and he got so furious in October when Jose paid a gentleman to grade the road on the 18th of that month that Mr. Marsh called the sheriff on Jose, Based on the history of Mr. Marsh's not cooperating or even being civil with us, I sent him the enclosed letter with today's date asking him for some additional information. I • want you to have the•attached copy so you will be completely apprised of our dealings with Mr. Marsh. We have committed to him and to the other neighbors that we will contribute a fair amount to the maintenance of the road, but we want to.feel that Mr. • Marsh is himself being fair, and not overreaching because we have a Use Review pending before the County Commissioners. EXHIBIT I Chris Gathman Monday, December 13, 2004 Page 2. If you have some advice for me on this matter, I would be glad to hear it. Kind regards. Very truly yours, Macon Cowles Enclosure cc: Jose and Natalia Martinez, ut enclosure NATALIA 9705350849 p . 1 Byron & Yvonne Marsh 14492 W.C.R. # 1 Longmont, CO. 80504 Home Phone(303)651-2013 December 6,2004 Jose&Natalia Martinez 15002 Singletree Dr. Mead,CO. 80542 Dear Mr. &Mrs. Jose Martinez, As you know,the private driveway/easement and grass on either side, leading from WCR# 1 to your homes is owned and maintained by us. In 1988 the issues of the road was taken to court(Case No. 87 CV 491-Division,l). Briefly the resolution was: residents have the right to use the road to enter and exit their homes. They are also liable for their share of the expense for the maintenance of the road. At this time each resident was ordered to pay 20% of the cost for maintenance of the road. If there is abnormal wear and tear, or damage(i.c.. use of large trucks,trailers,or excessive numbers of cars coming and going then the percentage would be larger). The road is to be maintained at 12 ft. in width. Each resident would pay 20%of the cost for maintenance and upkeep,based on average,normal residential use. If there is abnormal wear and tear,or damage(i.e.. use of large trucks,trailers or excessive numbers of cars coming and going,then the percentage would be larger). We have for the past 13 years maintained the road with no assistance. We are sorry but you must now start paying annually for the maintenance and upkeep of the road. The extreme amount of traffic and illegal attempts of maintenance have taken their toll, Per the Weld County District Court Civil Action No. 87C V491,each resident must pay a minimum of$200.00 per year for the first three(3)cars run in normal use. Any additional car is$70.00 per vehicle, per year. except those over six(6)tons and trailers are also included as a vehicle. Your share would be: $200.00 for residents in trailer $350.00 for five(5)work vehicles 5550.00 Total Your share of $550.00 is due January 1,2005. It may be mailed to our address on the letterhead. Thank you for your time. Sincerely, Byron L..Marsh Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303)447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440-6294 Macon Cowles, Esq. Monday, December 13, 2004 Mr. Byron L. Marsh 14492 Weld County Road 1 Longmont, CO 80504 Re: Jose and Natalia Martinez Road Maintenance Dear Mr. Marsh: I have asked you several times since April to please to let us know the financial cost to you of maintaining the road so that the Martinez can shoulder their share of the expense, as they would like to do. I want to thank you, therefore, for your letter to the Martinez dated December 6. There is more information that is needed, however, for us to feel that the amount that you have demanded—$550—is fair. It seems high; and it seems arbitrary. This is particularly so since we have located a man with a grader who will grade the road for $100. In fact, the Martinez paid him to grade the road, which resulted in your lodging a complaint with the Weld County Sheriff's office. In order to understand how you came up with the amount of $550, we respectfully request additional information so that we can get some insight into what you are thinking. 1. Would you kindly send us copies of the letters that you have sent to the other property owners who use the road so that we can see what amount you are demanding them to pay by January 1, 2005? 2. Would you kindly tell us how you came up with the figure? a. Perhaps you have kept track of your hours in maintenance of the road. b. Perhaps you have receipts that would help establish the reasonableness of the amount. 3. Is the $550 for the road maintenance that will occur in 2005? Or is it for past road maintenance, or what? I want to reiterate that Jose and Natalia Martinez will be glad to pay a fair share of the reasonable expenses of maintaining the road as ordered by the Court in Knibbs v. Grengs, taking into consideration the use and benefit that the property owners who share the road derive from it. We just want to make sure that what you are asking is reasonable, and well grounded in the actual use of the road. By the way, you need not trouble yourself with sending your letters by certified mail. We will be glad to respond to you directly and promptly. Certified letters, however, do cost more money, and they require a special trip to the post office, which is not always possible to make until the passage of time. Mr. Byron L. Marsh Monday, December 13, 2004 Page 2 I wish you and your wife a pleasant holiday season and a Happy New Year. Kind regards. Very truly yours, Macon Cowles cc: J9se and Natalia Martinez YChris Gathman Weld County Planning Department • GREELEY.OFFICE • DEC 1 2004. • RECEIVED Macon Cowles • 1680 Wilson Court • • Boulder, Colorado 80304 - • (303) 447-3062 • E-MAIL ADDRESS: _ macon.cowles@comcast.net FACSIMILE:.(303)440-6294 • • Macon Cowles, Esq. - Monday, December 13, 2004 Chris Gathman Department of Planning Services 1555 No.17th Avenue Greeley,CO 80631 Fax. No. (970) 304-6498 Re: USR-1470 Jose and Natalia Martinez • 14484 Weld County Road 1 Dear Chris: Let me summarize where I believe we stand with the Conditions of Approval on this Use Review. • Condition 1A. I am enclosing the Road Maintenance Plan signed by the applicants for this Uses Review, Jose and Natalia Martinez. This complies with condition tA. Conditions 2A-B. These relate to the plats, and will be completed after the hearing before the Weld County Commissioners. Condition 2 C. I have previouslysubmitted the Dust Abatement Plan, dated October 4, 2004:that complies with Condition 2C. I Sent this to you in a letter dated October 26, 2004, with copies of the letter and the Dust Abatement Plan to Char Davis. Ms. Davis reviewed the plan, before it was signed, and approved it. Condition 2D. We had the septic system tested by Sullivan Septic, who have installed • several systems in adjacent properties that cost from $6,000-$16,000. I sent the test results (a pdf file) to Char Davis on October 5, with a copy to you. Char responded on October 11, and said the results did not look favorable, but we need to get them reviewed by an engineer.Do you want us to do this BEFORE we go before the County Commissioners, or can it wait until after? We would like to minimize further expense to the Martinez before receiving the final OK on the Use Review. Condition 2E. I have previously submitted the Waste Management Plan, dated • October 4, 2004, that complies with Condition 2E: I sent this to you in a letter dated October 26, 2004, with copies of the letter and the Waste Management Plan to Char Davis. Ms. Davis reviewed the plan, before it was signed,and approved it. Condition 2F. This relates to the March 26, 2004 landscape referral of Kim Ogle of the Department of Planning Services. She requests "that a ground cover be established to limit erosionary processes, i.e., wind', water and snow pack melt. Additional information is required prior to accepting the plat for recording." Kim wants this to be done for 10 feet from the lot line toward the interior of the property. We presume that she is talking about the East property line. Would you kindly have Kim call Mr. Martinez EXHIBIT ,_ r, „ • • Chris Gathman Monday, December 13, 2004 Page 2 on his cell phone at (720) 938-3493 after January 6 so that they can discuss the ground cover that she wants, Ground cover may be more difficult to establish in that location than shrubs, because of the lack of water at this location. Whatever she wants, Mr. Martinez will plant as soon as the weather is conducive to planting. Condition 2G. Mr Martinez will enroll in the course offered by the Weld County Sheriff's office—Crime Prevention Through Environmental Design—at the first opportunity in January or February. • Condition 2H. This is another Condition, like 2A-B, that relate to the.filing of plats. We will comply with this condition, in cooperation with your office, after the final decision of the County Commissioners. Conditions 3-5. These, too, are Conditions which are appropriate to be fulfilled after the final decision of the County Commissioners. I believe we can now set a hearing before the County Commissioners to move this application forward. Do you agree that it is time to do so? Kind regards. • Very truly yours, • • Macon Cowles Enclosure cc: Jose and Natalia Martinez, without enclosure • ny nuig UO�Jai MUIR:. GREELEY OFFICE DEC 3 2.004 RECEIVED Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303) 447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303) 440-6294 Macon Cowles, Esq. Tuesday, November 30, 2004 Chris Gathman Department of Planning Services 1555 No. 17th Avenue Greeley,CO 80631 Fax. No. (970) 304-6498 Re: USR-1470 Jose and Natalia Martinez 14484 Weld County Road 1 Dear Chris: I am enclosing my letter to one of the Martinez' neighbors, Kory Hanson, pointing out a final change made to the Road Maintenance Plan because of the complaint that Mr. Marsh made to the Sheriff's office about Jose's maintenance of the road over the last two months. The Sheriff told Jose that he could not maintain the road without Mr. Marsh's permission, and so we have reflected that in the final RMP which I have sent to my clients for signatures. We invited comment from all the neighbors on the Road Maintenance Plan on October 28 in a letter of which you received a copy. Only Kory Hanson requested changes-all of which we made. I will return the signed Road Maintenance Plan to you when I receive it back from my clients. We also received the enclosed letter dated October 31 from Byron Marsh, objecting to the Road Maintenance Plan, but not telling us what we can do to address his concerns. I may have sent you a copy of this letter, but in case I did not, I am sending you another one. I believe we can now set a hearing before the County Commissioners to move this application forward. Do you agree that it is time to do so? Kind regards. Very truly yours, Macon Cowles Enclosure Mans cc: Jose and Natalia Martinez Weld County Planning Oeparrment GREELEY OFFICE DEC Ili ZO0? RECEIVE() Byron & Yvonne Marsh 14492 W.C.R. # 1 Longmont, CO. 80504 Home Phone(303)651-2013 Cell Phone(970)214-4390 December 07, 2004 Mr. Chris Gatham Weld County Colorado Department of Planning Services 1555 N. 17th Avenue Greeley, CO. 80631 Dear Chris, When we attended the last meeting,the Martiners' stated they had never been given a statement. We did indeed make out a bill for every residence. Unfortunately,we made the mistake of hand delivering them. We did not know that the Martiners' lived in Mead and with complications from the language bather. I handed the letter to one of the employees and asked them to give it to Jose Martinez. That apparently did not happen, and we have no way of proving it. Once again,we have written a letter to every residence specifying the annual amount due for road maintenance. It is$200.00 for the residences. The Martiners' were billed$550.00 based on the residence,plus their work vehicles.This was based on the number and size of tracks and trailers that the County approved for use, at the last meeting. We mailed each letter certified/return receipt. This way we know they will receive them. Copies of both letters are attached. I know that this is a tiring issue for you and the board,your patience and attention is appreciated. Thank your for your time. Sincerely, Qa Byron L. Marsh Enc. (2) EsciiEXHIBIT Byron & Yvonne Marsh 14492 W.C.R. # 1 Longmont, CO. 80504 Home Phone(303)651-2013 This letter was sent to atl of the neighbors•Kory Hanson Toby Jon Foss Trust Troy Swazoe, the Martinez's were sent a different letter because they are runninta tininess_and use large trucks,trailers,employee parking etc. December 6, 2004 Dear As you know,the private driveway/easement and grass on either side, leading from WCR# I to your homes is owned and maintained by us. In 1988 the issues of the road was taken to court(Case No. 87 CV 491-Division,l) ). Briefly the resolution was: residents have the right to use the road to enter and exit their homes. They are also liable for their share of the expense for the maintenance of the road. At this time each resident was ordered to pay 20% of the cost for maintenance of the road. If there is abnormal wear and tear,or damage(i.e.. use of large trucks,trailers,or excessive numbers of can coming and going then the percentage would be larger). The road is to be maintained at 12 ft. in width. Each resident would pay 20%of the cost for maintenance and upkeep,based on average,normal residential use. If there is abnormal wear and tear,or damage(i.e.. use of large trucks,trailers or excessive numbers of cars coming and going,then the percentage would be larger). We have for the past 13 years maintained the road with no assistance. We are sorry but you must now start paying annually for the maintenance and upkeep of the road. The extreme amount of traffic and illegal attempts of maintenance have taken their toll. Per the Weld County District Court Civil Action No. 87CV491,each resident must pay a minimum of$200.00 per year for the first three(3)cars run in normal use. Any additional car is$70.00 per vehicle,per year,except those over six(6)tons, trailers are also included as a vehicle. Your share would be: $2(X).00,due January 1, 2005. It may be mailed to our address on the letterhead. Thank you for your time and patience. Sincerely, Byron L. Marsh cc Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303) 447-3062 E-MAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440-6294 Macon Cowles, Esq. Tuesday, November 30, 2004 Kory Hanson 14490 Weld Count Road 1 Longmont, Colorado 80504 Re: 14484 Weld County Road 1 Dear Mr. Hanson: We made one additional change to the Road Maintenance Agreement after I sent you the redlined copy on November 3. We added to the last paragraph a clause that says that the Martinez' will use the grader on the road "to the extent they are permitted to do so by the Marshes." This change is highlighted in red on the attached copy. We also changed the date to November 30. The reason for this change is that Mr. Marsh complained to the Weld County Sheriff's office about the Martinez' doing road maintenance in November. As a result of the complaint, the Sheriff contacted Mr. Martinez and told him that he could not perform maintenance on the road unless Mr. Marsh gave his permission to do so—since Mr. Marsh owns the land beneath the road. I have not heard from you since sending the November 3.version of the Road Maintenance Plan, so I am assuming you are pleased with the changes that we made to respond to your concerns. Don't hesitate to call with further questions or comments. We very much thank you for your interest and cooperation in working with us. Kind regards. Very truly yours, kleS" Macon Cowles cc: Jose and Natalia Martinez ICfiris Gathman, Weld County Planning Department EXHIBIT T ust? t N`7o ISSUED BY RESIDENTIAL TITLE INSURANCE POLICY COMMONWEALTH LAND TITLE INSURANCE COMPANY ONE - To - FOUR FAMILY RESIDENCES Commonwealth A LANDAMERICA COMPANY POLICY NUMBER 181- 150526 OWNER'S COVERAGE STATEMENT This policy insures your title to the land described in Schedule A—if that land is a one-to-four family residential lot or condominium unit. Your insurance, as described in this Coverage Statement, is effective on the Policy Date shown in Schedule A. Your insurance is limited by the following: • Exclusions on page 2 • Exceptions in Schedule B • Conditions on page 6 We insure you against actual loss resulting from: • any title risks covered by this Policy — up to the Policy Amount and • any costs, attorneys' fees and expenses we have to pay under this Policy COMPANY'S DUTY TO DEFEND AGAINST COURT CASES We will defend your title in any court case as to that part of the case that is based on a Covered Title Risk insured against by this Policy. We will pay the costs, attorneys' fees, and expenses we incur in that defense. We can end this duty to defend your title by exercising any of our options listed in Item 4 of the Conditions. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: / _ //n / Np 1IT(p�� /n, (`/'/`t'`0y�^'^'J`'r/l Attest. �� ' /Ur Secretary President . , 3 4'a3 t,Nda This Policy is not complete without Schedules A and B. Page 3 BIT ALTA Residential Title Insurance Policy(6-1-87) U.Se-41410 Form 1086-60 f1o1Ahld AI ISSUED By RESIDENTIAL TITLE INSURANCE POLICY COMMONWEALTH LAND TITLE INSURANCE COMPANY ONE - To - FOUR FAMILY RESIDENCES Commonwealth A LANDAMFAICA COMPANY OWNER'S INFORMATION SHEET Your Title Insurance Policy is a legal contract between you and Commonwealth Land Title Insurance Company. It applies only to a one-to-four family residential lot or condominium unit. If your land is not either of these, contact us immediately. The Policy insures you against certain risks to your land title. These risks are listed on page one of the Policy. The Policy is limited by: • Exclusions on page 2 • Exceptions on Schedule B • Conditions on page 6 You should keep the Policy even if you transfer the title to your land. If you want to make a claim, see Item 3 under Conditions on page 6. You do not owe any more premiums for the Policy. This sheet is not your insurance Policy.It is only a brief outline of some of the important Policy features.The Policy explains in detail your rights and obligations and our rights and obligations.Since the Policy-and not this sheet-is the legal document, YOU SHOULD READ THE POLICY VERY CAREFULLY. If you have any questions about your Policy,contact: Consumer Affairs Department COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O.Box 27567 Richmond,Virginia 23261-7567 COMMONWEALTH LAND TITLE INSURANCE COMPANY - JAI (/ PN�11TiF�y, By: ?/t-t-t- �/]��,,,, �- Attest: a /Pndlinn , 0 . �tXjy •/ Secretary 1.2 President o4(0• .Nda3o Page 1 American Land Title Association • Residential Title Insurance Policy(6-1.87) Valid only if Schedules A and B are attached. Fnrm 1naf�5C CONDITIONS DEFINITIONS c. Prosecute or defend a court case related to the claim. a. Easement - the right of someone else to use your land for a d. Pay you the amount required by this Policy. special purpose. e. 'Fake other action which will protect you. b. Land-the land or condominium unit described in Schedule A f. Cancel this Policy by paying the Policy Amount,then in force, and any improvements on the land which are real property. and only those costs,attorneys'fees and expenses incurred up to c. Mortgage - a mortgage, deed of trust, trust deed or other that time which we are obligated to pay. security instrument. 5. HANDLING A CLAIM OR COURT CASE d. Public Records - title records that give constructive notice of You must cooperate with us in handling any claim or court case and matters affecting your title-according to the state statutes where give us all relevant information. your land is located. We are required to repay you only for those settlement costs, attor- e. Title-the ownership of your interest in the land, as shown in neys' fees and expenses that we approve in advance. Schedule A. When we defend your title,we have a right to choose the attorney.We 2. CONTINUATION OF COVERAGE can appeal any decision to the highest court. We do not have to pay This Policy protects you as long as you: your claim until your case is finally decided. •owniour title 6. LIMITATION OF THE COMPANY'S LIABILITY or a. We will pay up to your actual loss or the Policy Amount in force •own a mortgage from anyone who buys your land when the claim is made-whichever is less. or b. If we remove the claim against your title within a reasonable time •are liable for any title warranties you make after receiving notice of it,we will have no further liability for it. This Policy protects anyone who receives your title because of your If you cannot use any of your land because of a claim against death. your title,and you rent reasonable substitute land or facilities, 3. HOW TO MAKE A CLAIM we will repay you for your actual rent until: a. You Must Give The Company Notice Of Your Claim • the cause of the claim is removed If anyone claims a right against your insured title,you must notify or us promptly in writing. •we settle your claim Send the notice to Consumer Affairs Department,Commonwealth Land Title Insurance Company,P.O.Box 27567,Richmond, c. The Policy Amount will be reduced by all payments made under Virginia 23261-7567. this policy-except for costs, attorneys' fees and expenses. Please include the Policy number shown in Schedule A,and the d. The Policy Amount will be reduced by any amount we pay to our county and state where the land is located. insured holder of any mortgage shown in this Policy or a later Our obligation to you could be reduced if: •you fail to give prompt notice mortgage given by you. and e. If you do anything to affect any right of recovery you may have, •your failure affects our ability to dispose of or to defend you we can subtract from our liability the amount by which you against the claim. reduced the value of that right. b. Proof Of Your Loss Must Be Given To The Company 7. TRANSFER OF YOUR RIGHTS You must give us a written statement to prove your claim of loss. When we settle a claim, we have all the rights you had against any This statement must be given to us not later than 90 days after person or property related to the claim. You must transfer these you know the facts which will let you establish the amount of rights to us when we ask, and you must not do anything to affect your loss. these rights.You must let us use your name in enforcing these rights. The statement must have the following facts: We will not be liable to you if we do not pursue these rights or if we do • the Covered Title Risks which resulted in your loss not recover any amount that might be recoverable. • the dollar amount of your loss With the money we recover from enforcing these rights,we will pay • the method you used to compute the amount of your loss whatever part of your loss we have not paid.We have a right to keep You may want to provide us with an appraisal of your loss by a what is left. professional appraiser as a part of your statement of loss. 8. ARBITRATION We may require you to show us your records, checks, letters, If it is permitted in your state, you or the Company may demand contracts, and other papers which relate to your claim of loss, arbitration. We may make copies of these papers. The arbitration shall be binding on both you and the Company.The We may require you to answer questions under oath.. arbitration shall decide any matter in dispute between you and the Our obligation to you could be reduced if you fail or refuse to: Company. •provide a statement of loss The arbitration award may: or •include attorneys' fees if allowed by state law •answer our questions under oath •be entered as a judgment in the proper court. or The arbitration shall be under the Title Insurance Arbitration Rules •show us the papers we request, of the American Arbitration Association. You may choose current and Rules or Rules in existence on Policy Date. •your failure or refusal affects our ability to dispose of or to The law used in the arbitration is the law of the place where the defend you against the claim property is located. 4. OUR CHOICES WHEN YOU NOTIFY US OF A CLAIM You can get a copy of the Rules from the Company. - After we receive your claim notice or in any other way learn of a 9. OUR LIABILITY IS LIMITED TO TIIIS POLICY matter for which we are liable, we can do one or more of the This Policy, plus any endorsements, is the entire contract between following: you and the Company.Any claim you make against us must be made a. Pay the claim against your title. under this Policy and is subject to its terms. b. Negotiate a settlement. ALTA Residential Title Insurance Policy(6-1-87) Cover Page B 1086-599 Page 6 Valid only if Schedules A and B are attached. COMMONWEALTH LAND TITLE INSURANCE COMPANY � Commonwealth A LANDAMERICA COMPANY TABLE OF CONTENTS EXCLUSIONS PAGE OWNER'S COVERAGE STATEMENT 3 In addition to the Excepr ins in Schedule B,you are not insured against 2 loss,costs,attorneys' fees, and expenses resulting from: COVERED TITLE RISKS COMPANY'S DUTY TO DEFEND AGAINST I. Governmental police power,and the existence or violation of any law 3 or government regulation. This includes building and zoning ordi- COURT CASES INSERT nances and also laws and regulations concerning: SCHEDULE A • land use Policy Na Number,Date and Amount • improvements on the land . Name of Insured Ld • land division 2. Description in Land theLn Covered •environmental protection S3. EB EXCEPTIONS f Land INSERT EXCLUSIONS CHLUULE - 2 This exclusion does not apply to violations or the enforcement of N 6 these matters which appear in the public records at Policy Date. CONDITIONS 6 1. Definitions 6 This exclusion does not limit the zoning coverage described in Items 2. How oito Make oftai Coverage 6 12 and 13 of Covered Title Risks. 3. to a Claim 6 4. Our Choices When You Notify Us of a Claim 6 2. The right to take the land by condemning it, unless: . Handling dung a Claim or Court s Liability 6 • a notice of exercising the right appears in the public records 6. Limitation of the Company's 6 on the Policy Date 7. Arbitration antrar of Your Rights 6 •the taking happened prior to the Policy Date and is binding 8. urLiability 6 on you if you bought the land without knowing of the taking 9. Our is Limited to This Policy 3. Title Risks: •that are created, allowed, or agreed to by you COVERED TITLE RISKS • that are known to you,but not to us,on the Policy Date- unless they appeared in the public records Policy covers the following title risks,if they affect your title on the • that result in no loss to you l-oticy Date. • that first affect your title after the Policy Date-this does not 1. Someone else owns an interest in your title. limit the labor and material lien coverage in Item 8 of 2. A document is not properly signed, sealed, acknowledged, or Covered Title Risks delivered. 4. Failure to pay value for your title. 3. Forgery,fraud, duress, incompetency, incapacity or i;mperson- 5. Lack of a right: ation. •to any land outside the area specifically described and re- 4. Defective recording of any document. ferred to in Item 3 of Schedule A 5. You do not have any legal right of access to and from the land. or 6. There are restrictive covenants limiting your use of the land. • in streets,alleys, or waterways that touch your land 7. There is a lien on your title because of: • a mortgage or deed of trust This exclusion does not limit the access coverage in Item 5 of Covered • a judgment,tax,or special assessment Title Risks. • a charge by a homeowner's or condominium association 8. There are liens on your title,arising now or later,for labor and material furnished before the Policy Date—unless you agreed to pay for the labor and material. 9. Others have rights arising out of leases,contracts,or options. 10. Someone else has an easement on your land. 11. Your title is unmarketable,which allows another person to refuse to perform a contract to purchase,to lease or to make a mortgage loan. 12. You are forced to remove your existing structure—other than a boundary wall or fence—because: • it extends on to adjoining land or on to any easement • it violates a restriction shown in Schedule B • it violates an existing zoning law 13. You cannot use the land because use as a single-family residence violates a restriction shown in Schedule B or an existing zoning law. 14. Other defects,liens,or encumbrances. Page 2 COMMONWEALTH LAND TITLE INSURANCE COMPANY Policy No. : F934403 SCHEDULE B In addition to the Exclusions, your insurance as described in the Coverage Statement, does not include loss, costs, attorney' s fees and expenses resulting from: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Unpatented Mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 6 . Any and all unpaid taxes, assessments, and unredeemed tax sales . 7 . All mineral lands except coal and iron as reserved in United States Patent recorded in Book 20 and Page 75 . 8 . Reservations contained in Deed recorded in Book 12 at Page 494 . 9 . Any assessment or lien of the Longmont Soil Conservation District, as disclosed by the instrument recorded June 21, 1948 in Book 1229 at Page 361 . 10 . Any assessment or lien of the Northern Colorado Water Conservancy District, as disclosed by the instrument recorded May 5, 1955 in Book 1418 at Page 52 and Page 49 . 11 . An easement for water pipe line and incidental purposes granted to Longs Peak Water Association by the instrument recorded April 20, 1962 in Book 1612 at Page 283 . 12 . An easement for ingress and egress and utilities and incidental purposes reserved by Warren Andersen in the instrument recorded March 29, 1968 in Book 593 as Reception No. 1514767 . 13 . An easement for utilities and incidental purposes granted to Public Service Company of Colorado by the instrument recorded in Book 583 as Reception No. 1504931 . Exception (s) 1-4 is hereby omitted. Page 3 COMMONWEALTH LAND TITLE INSURANCE COMPANY Policy No. : F934403 SCHEDULE B - Continued Page 4 COMMONWEALTH LAND TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance : $ 138, 000 . 00 Policy No. : F934403 Date of Policy: September 23 , 2002 , at 4 :30 P.M. This Policy Amount will automatically increase by 10% of the amount shown above on each of the first five anniversaries of the Policy Date . 1 . Name of Insured: Jose G. Martinez and Natalia M. Martinez 2 . Your interest in the land covered by this Policy is : FEE SIMPLE 3 . The land referred to in this Policy is described as follows : (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) Page 1 COMMONWEALTH LAND TITLE INSURANCE COMPANY Policy No. : F934403 SCHEDULE A - Continued LEGAL DESCRIPTION The North 264 feet of the West 165 feet of the South 594 feet of the North 660 feet of the East 330 feet of the West 990 feet of the Southwest 1/4 of Section 19, Township 3 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. I AUTHorized Signature • Page ' 2 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS January 31, 2005 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 TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR_USR- 1470 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign ±LICJ 5)E)IcifULAILA---- Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD /}1t The foregoing instrument was subscribed and sworn to me this I r day of t t�1 �(C , 2005. 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