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Home My WebLink About20051371.tiff 377 RESOLUTION RE: ACTION OF BOARD CONCERNING NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 11 RIGHT OF WAY AND AUTHORIZE CHAIR TO SIGN - BRENDA LEE YOUNG WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Road 11 Right of Way between the County of Weld, State of Colorado, by and through the Board of CountyCommissioners of Weld County,on behalf of the Department of Public Works,and Brenda Lee Young,5139 Weld County Road 38,Platteville, Colorado 80651, with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to deny said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Road 11 Right of Way between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works, and Brenda Lee Young be, and hereby is, denied. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 4th day of May, A.D., 2005. BOARD OF COUNTY COMMISSIONERS �, WELD COUNTY, COLORADO '� 4r /l, si Z y iabi I ;:d j William H. J e, Chair ;� :j .C• r�°'� lerk to the Board u ift Bile, Pro- em Deputy Clerk to the Boar• David E. Long ED A .mss : EXCUSED Robe . Masden County Attorney Glenn Vaad - Date of signature: III 11111 11111 NU I11111111 11111 III 111111111 1111 3287377 05/19/2005 12:42P Weld County, CO 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2005-1371 EG0052 (Yn /pL, /Jk fJ5 023-off (+ t \ MEMORANDUM WI I DC TO: Clerk to the Board DATE: April 27, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Brenda Lee Young. The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator WCR 11 RE-3867 M:\Francie\AgendaDonald.doc • M: \Francie\AgendaDonald. doc 2005-1371 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this„ 5 day of P} Q , 2005,by and between WELD COUNTY,COLORADO,by and through the Board of County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80631,as First Party, and Brenda Lee Young as Second Party whose address is 5139 WCR 38, Platteville, Colorado 80651. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located in part of the West 'A, Southwest '''A(RE-3867)Parcel# 106136300061 of Section 36, Township 4 North,Range 68 West of the 6m P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR 11 for a distance of %2 mile North of WCR 38 and located as follows: 30 feet of right-of-way on the East of Section 35, Township 4 North,Range 68 West in the Weld County,Colorado,which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW,THEREFORE, in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated, First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason,but such revocation shall not prohibit Second Party=s continued use of the ROW for access to Second Party=s property,to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety(90)days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include,but not be limited to, the following: a. ROW shall be constructed and maintained as a graded and drained all-weather road. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity,strength,and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required, Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation,including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use, but is intended to provide access to private property. e. Prior to commending work within the ROW, Second Party shall,through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph 1., above, or any other requirements stated by First Party, shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns, employees,and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party=s negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party hereby releases First Party, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of the First Party or on the part of any third party. 6. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party,which consent shall not be unreasonably withheld. 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement,or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected,and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement,and all rights of action relating to such enforcement,shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors, and assigns. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BO COUN COMMISSIONERS OF WELD COUNTY, COLORADO • ATTEST: Clerk to the Board By: By: Deputy Clerk ill' . rke, Chair 05/04/2005 SECOND PARTY: BREN 1. LEE YOUNG 1 By signatur• SUBS'' I:ED A D S • ' to .efore me this 25 day of A pn I , 2005, By sre nd _ -e . . WI ESS my hand . . off ial seal C7� Notary Public M co •i .ion expires: 18, d •' C*Y ! P Aa7 c 7 Ott... (s MIbHELLE L. 1 • ()FIELD : • M:\WPFILES\AGR' MNT\Non-exclusive\Brenda Lee Young-agr.doc (Ja My Commiss o E.pres Aug 18 200> . EE 856,7 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 4- I- O5 1111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 4'10 535 4562 4O.—e- 1. Applicant Name ?).e-- KIN 4, LCC lottk)rl Phone 3°3 13° S91 Wo¢k Address 513G wc.r2 3P City 114Tevit-LE State co Zip 501051 2. Address or location of access Section 3(o Township 4 Range 48 Subdivision Block Lot Weld County Road # I I 5•L . Side of Road )4ce-r.H Distance from nearest intersection 73 A tLE Mo-zr* nF uJC -16 3. Is there an existing access to the property? Yes X No #of accesses -f 4. Proposed Use: 'Permanent % Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other ********************************************************************************************************************** 5. Site Sketch Legend for Access Description: Z‘ I sec 2C AG = Agricultural L_ RES = Residential w.' w CR 4c, O&G = Oil&Gas t D.R. = Ditch Road 301 Riu1 ' ,J v-ia ) D = House 7r` tel , O = Shed I C, 131)* — to A EXIT ACCESS 12eta EEC 3C. ♦ NEu1 I. tc¢s5 SEC. 3E • 3 4.4 M JI �(/ or 0 IMP RI/N7-5�`L ; IS 3 o ; O N o wcrt 7 HI ** • ************************************************************************************************** OFFICE USE OY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 6 Township No... ___ 4 of Range No. - 08 lest of the 6th Principal Meridian. r 1- — l 1 r r , I W 9 i I , F O —off- --- 1-7- — 116 -- ---- lie— % �� 1 ' InTh ! H: te 4K I .\ / \p �' I — H I -/0 a II _.. - — I °51 2 � I '$ 1' 12'�- I iI-�J7-dI n f•? c , ry r I Ii •I \ 5J/‘-111 G 0 1�1 I q pv I �, II1z.n n V. ;m {{C tV f 3 03 SIv , L q —_ C 1 x �• i t' _e Lo»rr/W 1 11 0: 6 --n^/,/03 II II — i ft '� II X1_,I, 2-Z s i au * We 09 �� .,... - 9 —unse4 g `, lIPpn}24C- y —pnn.dl I I J n.nem.m..a MStn. 1.-Pn P.A.,Mt*1--1--Timber.,.r —limb oeun e e tn. y" imuM notwbnIn m..W an stet. 1j "5_ec 3 !- St(-oa( Sec nor- i • Order Declaring all Section and Township lines on the Public Domain of the United States in Weld County, to be Public highways, etc., passed by the Board of County Commissioners October 12, 1889. WHEREAS, Section 2477 of the Revised Statutes of the United States provides: "The right of way for the construction of highways over public lands not reserved for public uses is hereby granted," and • 'WHEREAS, by virtue of an act of the General Assembly of the State of Colorado,entitled: "An Act to Amend Section 4 of Chapter 95 of the General Statutes of the State of Colorado entitled,'Roads and Highways," approved April 7, 1885, it is provided, "The Commissioners of the County may at any regular meeting by an order of the Board declare any section or township line on the public domain a public highway, and on and after the date of-such order, it shall be attested by the Clerk, under the seal of the County,and recorded in the office of the Recorder of Deeds. The road so laid out shall be a public highway,"and WHEREAS,the public interests require that there be public highways on all section and township lines on the United States public domain,within the limits of the County of Weld. IT IS HEREBY ORDERED,by the Board of County Commissioners of the County of Weld,that all section and township lines on the public domain of the United States,within the County of Weld and State of Colorado, to wit In townships 7, 8, 9, 10, and 11 north in ranges 56, 57, 58, 59, and 60 west of the sixth principal meridian; townships 1, 2,3, 4,5, 7, 8,9, 1O,and 11 north in ranges 61, 62, 63, 64, 65, 66, and 67 west of the sixth principal meridian; and townships 1, 2, 3, and 4 north in range 68 west of the sixth principal meridian; and in sections 19 to 36, inclusive, in township 12 north in ranges 56 to 67,inclusive,west of the sixth principal meridian, be, and the same hereby are, declared to be the center of public highways or County roads,which said roads shall be and hereby are declared to be roads 60 feet wide, being 30 feet on each side of said section and township lines, and • BE IT FURTHER ORDERED, that a duly certified transcript of the order and action of this Board concerning said public highways, duly attested by the Clerk to the Board under the seal of the County of Weld,shall be forthwith prepared and recorded in the office of the County Clerk and Recorder of Deeds of Weld County, Colorado, and • • BE IT FURTHER ORDERED,that the County Clerk and Recorder of Weld County,Colorado, be, and he is hereby instructed when said certified order is so recorded, to prepare three certified transcripts of such recorded order, one of which transcripts shall be mailed byhim, by registered letter, to the Honorable United States Surveyor General for the State of Colorado; another to the Honorable Register and Receiver of the Land Office at Denver, Colorado, and another to the Honorable Commissioner of the General Land Office'at Washington,D.C.,and that said County Clerk and Recorder shall make report of his acts and doings hereunder at the next meeting of this Board. On the first day of the next session of said Board of County Commissioners, to wit, on the 6th day of November,AD., 1889, the County Clerk of Weld County reported of his acts and doings under the above order to the effect that he had duly executed the order of the Board above specified in detail. M:\CTBCTBFORMSRE1888 Or Z V e, U I p, II( 1/2 2q. h S; a R4ht o r oPte 6• F Wo CR `' < h &othg11 Wh11.e I Sio ri2.R e s •��. J 0 Mih k• 4. hq hie. SJQeyq I r•4t e IVI Rote:1 Location:I None: Computer File Information Sheet Revisions WELD ©©URITY multi) Project No./Code Creak.Dolt - midi C - - - Contractor: - - ION 00PUB80.00030 001v. ROMEO NiDdc .IN Q - - - 11j H Mtn t He Ne�o-s - Project Engineer: - tt Polk tarr.nardyned Ntiawooatr. 0 - - - P.O.902 758 .�� RPdnO: - DPNeD EayaPPe - - COMM CO. eoau-one - owing Pie None Sr aa1,g O - PHONE:(970)see-400D EST. 3750 PROJECT STYEA. - FY: (970)]304-8497304-8497 void: WetWet NumberCCEPIFD: - - K0 Vo n 2000 ecNero% to Smoot English Q - - Cwivnenl[ . f 5131 (,,)cg - 38 • PlGt4 e v i YAP it co 00 1 . welj CnurILLo pabllo (Pokks API • (9ieel I Co K6932 —r�o ko-rv, m ��e e2tJ ) �^ +°rnQ vP n,),,,,,, O�� rvla r CwNe2S( SU.i? )� Ct cr _ b Yl', � 3 lido'0sve(5 °dap(IQ° + o Vie- e�'�osec� Rt9 ---nip v �ec�-ice, I nQ Al . C I2 •5Y- I I rniL D .. 01 (see.. R1~ 3 8lvrl /cfl5f44 ) I CMF Ole, yoS4- oR-ico • ire.. :ok'n. ..-5 3kd '' (uk3 o/3 o f 4od 1 ttre,Z:2\J s ditl ,a�ecc9 )Ye) back . ��v,e 'n‘__. S in cuts • 'U.S. Postal Service,,,, r 6(1141 oL ' ,•• pCERTIFIEDomestic Mail IMAIy;No ^suraRECEIPTnce Coverage vrowded/. '4- 025 -- o5 o. r.r• livery infirm ti•n visit•ur we•site alwww.us•s.c•mm o ; , OFFICIAL USE ca--.„, U.S. Postal Servicerr, ',iiii til,,i he�dFee I �.. .it,, b / 80o;\ CERTIFIED MAILre, RECEIPT ' Return Heels Fee r Postma y. , u-) 17 (Endorsement Required) Ie„ Here N o (Domestic Mail Only;No Insurance Coverage Provided) I0 Restricted Delivery Fee Tfr 22 F•r ellvery lnt.rmatl•n visit•ur we•site al w�4w.us•s.c•m;�: ),..1 (Endorcement Required) ' 2- I � . . r ,, , 0 ri ra OFFICIAL E a I f Toal Postage&Fees $ r• Z , e' h• r r, tie ' i :t ., PS Postage $ tJ •U.$. Postal Service,,,�u• r-3 RocietFee ` ,7 a. t+i ='reef `�� •� +. 4}Y 4p.4 iqt - - 1 -' 1Return Required) t Fee d ^7� R *Warr W 1 --- - O (Endorsement Required) F / t� t'nere tr O Restricted Delivery Fee i o't' CERTIFIED MAIL,,., RECEIPT I m (Endorsement Required) ) Lrt .(Domestic Mail Only;No Insurance Coverage Provided) I $ L{ �.. 9 1 � Total Postage&Fees ! F r•elivery inf.rmati•n visit •ur we•sile at www.us•s.c•tlrp6 Y, Sent Do \k o OFFICIAL USE affect Apt Nn.; l );. .A Postage a or PO Box No. .� 80 4 by,State,ZIP+4 ? C; r4 Certified Fee 2 � 6 0 nt V ., Postmark P$Fonn 3000.June 2002 See Reverse tor Instructions O (Endorsement Requred) ` 7 Ho FLW • CI Restricted Delivery Fee call- ix; (Endorsement Required) pQ„ . tTT Total Postage&Fees $ ^ S ° U Se O �, N. Street,APt.Na; or PO Box No. ! City,State,ZIP+4 c¢!I b I -_ INVOICE Number: WELD COUNTY PUBLIC WORKS DEPT. Date: 4-11-2005 P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 To: Brenda Lee Young 5139 WCR 38 Platteville,CO 80651 QTY DESCRIPTION UNIT PRICE TOTAL 1 Fabrication and Installation of $150.00 $150.00 Cross Road Sign(blue& white) BRENDA L YOUNG 1209 5139 WCR 38 PtATTEVILLE,CO 80651 y 82-7458/3070 970-535-9562,,�^, ^^,^,'' __II ' , I tDate ✓1 A D O(S/O S 03 OrPader of to V�. .l(� CWo.ICJA)C ' L , 1 $ /50 w anikipiniud J- - lx, Dollars 8 Lair Lin,C Federal chgataiWitiecla,.. p M.c. 5vrK(]0.1144867'! R For>R7t+ Sot IOU (j (024 06 $150.00 I: 307074 580.: 1008000 LO 76 L 3OO 1 209 Road File# 11 Other Case# RE# 3867 Road 11/38 Sections 36 Township 4 Range 68 O Installation Authorized RE-3867 #106136300061 Reviewed by: Title: Date: M:\W PFILES W GREEMNI\invoicerdsigns.dec Case # 3 s (O1 Name Yo cA c't WCR Location I ( l 3s NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL T i-cc' ca. //--//-o≤ Documentation of Proof of Right-of-Way (Dept.) or document of an easement shall be provided to the Department of Public Works. 1'-15-05 One (1 ) copy of Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way. This document shall be signed and sealed by a Colorado Notary Public. 41-OS An 8 1/2 inch by 11 inch map, drawn, indicating type of right-of- way/easement; whether it is dedicated, private, or deeded to provide adequate access to the parcel. 4-9S-oS The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. 4-7-65 The applicant shall complete a Weld County Road Access Information sheet. G 35 cS $150.00 fee for the fabrication and installation of blue and white cross- road sign. 4 The above information shall be submitted to Weld County Department of Public Works. 1.4O ,4 • Send to Clerk to the Board for hearing date : �• M:\WPFILES\DON-C\Subcklist.doc WELD COUNTY PUBLIC WORKS DEPT. P.O.BOX 758 GREE;.FY,CO 80632 970-356-4000,EXT.3750 Weld County Planning Department Date: April 14.2005 GREELEY OFFICE To: Chris Gathman APR 1 8 .2005 155 N. 17th Avenue Dept. RECEIVED 1555 N. Greeley,CO 80631 From: David and Lori Martini 5083 WCR 38 Platteville,CO 80651 Re: Application for Recorded Exemption Brenda Young 5139 WCR3S Platteville,CO 80651 Dear Mr. Gathman, I am writing to you to have on record my position on the proposed access for the Application for Recorded Exemption mentioned above.My wife and I are opposed to allowing the access to the proposed Recorded Exemption via the 30'easement currently being used to access Ms.Young's property for numerous reasons.This driveway is used by several cars per day at this time for just one residence.It is located approximately 30' from the east side of our house.To allow this easement to be the access for an additional dwelling and possibly another at a future date would greatly impact us with increased dust, additional sound and light pollution and a general lack of privacy caused by increased traffic on this road. As it is now,with great reluctance we have had to erect a several hundred foot wood privacy fence around the northeast corner of our property as the current driveway running north/south to Ms.Young's house places headlights directly onto the back of our house any time somebody exits Ms.Young's property at night.This section of driveway is nearly 1000' long,so the duration of exposure is lengthy. The peace and quiet that we originally moved out here for has already been greatly impacted by having just one house to the north of us. As to the current access easement that Ms.Young has for her pi Lipaty,she could have opted to locate her access several hundred feet away from the only existing dwelling in the immediate area at that time,but instead chose to use the old agriculture access road next to our house which at that time saw maybe one vehicle per day for a few weeks during the summer and virtually no traffic for the rest of the year. Moreover,it is my understanding that there is a public right of way on the west side of Section line II which divides Sections 35 and 36 directly north of County Road 38 which would allow access to Ms. Young's property.My wife and I would far more prefer that option as opposed to allowing additional access up Ms.Young's current easement.As to where a drive would be located once Ms Young accessed the proposed Recorded Exemption,I would hope she would take into consideration any additional impact the increased traffic would have on her neighbors and place the driveway accordingly to minimize that effect. If the Planning Board that authorizes Recorded Exemptions has any say as to where that access would be,I would ask that they would take this factor into consideration as well. Thank you for taking the time to allow my wife and I to express our position regarding this matter. I understand that the Weld County Planning Department has guidelines for granting Recorded Exemptions and has sole discretion as to whether an application is approved or denied. If our concerns fall within any of the guidelines and merit consideration,I would greatly appreciate that they be considered in this matter. �erely.1 David Martini pflwt 04-12-05 01:59pm From-USDOL OFFICE OF SOLICITOR 3038441753 T-536 P.02/04 F-004 Jennifer and William Casey 5137 County Road 38 Platteville,Colorado 80651 (970) 535-9290 April 12, 2005 Chris Gathman Weld County Department of Planning Services 1555 N. 17th Avenue Greeley, Colorado 80631 Re: Application for Recorded Exemption Brenda L. Young, 5139 County Road 38,Platteville, CO 80651 Dear Chris: Thank you for taking the time to speak with me last week regarding the above-captioned matter. After discussing this proposed action with you and the affected parties,my husband and I opted not to sign the contractual agreement presented by Ms. Young (attached hereto). As we understand it,this agreement would effectively grant an easement to a new parcel of land as requested by Recorded Exemption No. 1061-36-3- RE-3867. In addition, the agreement would also encompass yet another easement for a future parcel of land, to be identified by the potential buyer at a later date. For the reasons stated herein,we are not comfortable with such broad parameters. By way of background, we purchased our current parcel of land(10 acres) from Ms. Young in 1998. At that time, we resided in Longmont, Colorado in a large single-home subdivision. It was our intent to purchase acreage,build a new home, and reside in a country setting through our retirement years. Ms. Young assured us that she had no plans to subdivide her land and,in fact,explained that she had purchased her existing parcel of land for purposes of farming the property. Obviously,this conversation was verbal and not reduced to writing;however,had we known that Ms. Young contemplated building additional homes on the acreage immediately behind our dwelling,we would have declined the purchase and continued to look for property more suited to our needs. Moreover, it is important to note that the current dilemma we are facing, i.e. granting additional easements to future property owners,is a situation created entirely by Ms. Young. When we purchased our property, Ms.Young opted to sell us the entire acreage adjacent to County Road 38. In doing so, she granted herself an easement for the portion of the road that abuts our property. If she anticipated subdividing her property in the future, she could have easily retained the acreage adjacent to the road, sold us a smaller parcel of land, and thereafter granted us an easement to the mad. Her failure to exercise 04-12-05 01 :59pm From-USDOL OFFICE OF SOLICITOR 3038441753 T-536 P.03/04 F-004 this option now places us in the untenable position of having to forfeit our rights so Ms. Young can develop her land,both now and in the future. By granting Ms. Young the easement she requests, our property rights are notably diminished. For example,the increased traffic on our road, as well as County Roth 38, affects us considerably. Both roads are gravel—creating dust in the summer and mud in the winter. Because Ms. Young's home is set back significantly farther from the road than our residence(indeed,the road at issue dead-ends at her residence),we will assume the brunt of the traffic and road conditions. Finally, it is our understanding that a second, yet unexplored, option exists which would result in an amicable resolution of this matter. Specifically, Ms. Young maybe able to take advantage of a public utility easement west of the existing road and use that easement to gain access to the requested parcel of land. This option is certainly preferable to us, as it provides access from a public road,rather than private property. We understand that the decision to grant or deny Ms. Young's recorded exemption lies solely within the discretion of Weld County. However, we wanted you to understand our position before the requested exemption is taken under advisement by the Planning Department. We are available to discuss this matter further if you have any questions. Again, thank you for the opportunity to voice our concerns. Sincerely, Jennifer Casey Enclosures: As stated, 2 04-12-05 01 :59pm From-USDOL OFFICE OF SOLICITOR 3038441753 T-536 P.04/04 F-004 Brenda L. Young 5139 County Rd 38 Platteville, CO 80651 William &Jennifer Casey 5137 County Rd 38 Platteville, CO 80651 This agreement struck between the above mentioned parties on this ,the th day of , 2005, hereby extends the current easement across Lot A of W1/2, SW 1/4,/4, SEC 36,T4N, R68W—WELD COUNTY CO,that grants access to Lot B of Wl/2, SW1/4,SEC 36, T4N,R68W— WELD COUNTY CO to include access to the new parcel of land as requested by Recorded Exemption No: 1061-36-3 RE-3 867, and one future parcel when such further Recorded Exemption is allowed by Weld County, currently in five years, or anytime thereafter. The existing parameters of the easement that currently exists across the western boundary of Lot A of W1/2, SW1/4, SEC 36,T4N,R68W—WELD COUNTY CO, will remain to be 30 feet wide and the length of such western boundary, as agreed to in Recorded Exemption No. 1061-36-3-RE 2333, recorded on November 6, 1998. The maintenance of such existing road currently in use by above mentioned parties and their households, is under contract to be accomplished by Petroleum Development Company (PDC) State Corsair#13-36 until such well is no longer producing, estimated by PDC to be a time frame of 20+ years. After which time maintenance will become the responsibility of the then current landowners of all parcels utilizing such road in a manner that is directly proportional to their usage of the length of said road. Brenda L. Young William Casey Jennifer Casey „ g lifter.- 'qtr . -4* ii _ . _ IVIDI f �tia 11 ' v'gEi a G K t. d r� R S � / y kM• �p d P.r/: kR}vr '4' if: S t F I' dbi F C.y a 4d�u4 / f: '' �' p.naa ' o s<d3c 'W y µr ff` e ��, �I'PS i .,v,y,.�^e , - �,{'r.. II /r� pY 1 -] f d �9 ve C ri" � y^..*� :J. SI' 3 I.:00. I digs e va ,yhM ,� m war / ,u }.. 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