HomeMy WebLinkAbout20050195.tiff Weld Cc_ 'fining Department
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EXHIBIT
15a,
2005-0195
LAW OFFICES
MACON COWLES & ASSOCIATES, P.C. (303)447-3062
1680 Wilson Court
Boulder, Colorado 80304
E-MAILADDR6ss:
macon.cowles@comcast.net FACSIMILE: (303)440-6294
Macon Cowles, Esq.
Wednesday, May 5, 2004
Mr. Byron L. Marsh
Mrs. Yvonne Marsh
14492 Weld County Road 1
Longmont, CO 80504
Re: Jose and Natalia Martinez
Use Review USR-1470
Dear Mr. and Mrs. Marsh:
I want to restate in this letter what I told Mr. Marsh on the phone
tonight:
Jose and Natalia Martinez would very much like to make things right
with you: to help pay for the maintenance of the road, to address any
objections that you have to their use of the property, to respond to any
concerns that you have about the landscaping business that they would
like to operate on their property.
Each one of you told me—Yvonne on April le in a cordial telephone
conversation, and Byron on April 15th when you stopped to talk to me at
the 'unction of the private road with Weld County Road 1—that all five
of the neighbors are refusing to pay for any part of the maintenance of
the private road. Yet no one-had approached the Martinez with a request
to help with maintenance; and during the past ten days, Natalia
Martinez has twice left a message on your answering machine asking you
please to call them so that they can offer to pay their share of the
maintenance of the road, and to respond to any concerns that you have
about the business that they would like to operate on your property. But
you have not yet returned their calls.
The Martinez sent a letter to your home, inviting you to meet them at
the property on April 29 or May 1st in order to fmd out more about the
business that they would like to conduct there. You did not accept the
invitation.
So tonight, I called you, and spoke with Mr. Marsh. I reiterate in this
letter what I told you on the phone, Mr. Marsh: Jose and Natalia
Martinez want to be good neighbors. They will be glad to pay their fair
share of the costs of maintaining the private road, and to make things
right with you. You are upset, and they would like to set things right
with you. They would like to respond to any concerns that you have
about their business.
E �{� %
�(jD7/l1
Mr. Byron L. Marsh
Mrs. Yvonne Marsh
Wednesday, May 5, 2004
Page 2
But Mr. Marsh, you would not tell me what you are upset about. I asked
you if there is any amount of equipment that you would be willing to
permit the Martinez to access on their property, and you told me No."
You are flatly opposed to operating any business "in a residential area." I
asked you what amount the Martinez should pay as their share of the
costs of maintaining the private road, and you would not tell me. You
said that if the County issues a permit, then you will discuss the costs.
I do not understand why you are upset with me or with the Martinez. If
there is anything that we can do to accommodate you, or to size our
permit application so that it receives you support, please let us know. If
you don't want to call me [(303) 447-3062] or Natalia or Jose Martinez'
((303) 651-3424], please call the Weld County Planner on the case and
you can relate your concerns to him. His name is Chris Gathman, and
his phone number is 1(970) 353-6100 x35401.
We would very much like to achieve a result that would work for you and
for the Martinez. But if you wont' tell us what you want, then we can't
make you happy.
Kind regards.
Very truly yours,
kietke
Macon Cowles
cc: Chris Gathman
Jose and Natalia Martinez
f
e EXHIBIT
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MEMORANDUM
WITO: Planning Commissioners
COLORADO DATE: May 18, 2004
FROM: Chris Gathman — Planner II e.g
SUBJECT: Suggested revisions to USR-1470 Staff Recommendation
Should the Planning Commission approve this application, the Department of Planning
Services recommends that the following condition of approval be added as Condition 2.1:
The applicant shall enter into a Private Improvements Agreement according to policy regarding
collateral for improvements and post adequate collateral for all landscaping, transportation (access
drive, parking areas, etcetera) and non-transportation (plant materials,fencing, screening,water,
signage etcetera). The agreement and form of collateral shall be reviewed by County Staff and
accepted by the Board of County Commissioners prior to recording the USR plat. Or the applicant
may submit evidence that all the work has been completed and reviewed by the Department of
Planning Services and the Department of Public Work. (Department of Planning Services)
p EXHIBIT
Weld County Planning Depart
GREELEY 0`Fii F
May 7, 2004 MAY 1 2004 ` ' '
Hello, RECEIVED
A short memo from the Marshes.
A copy of the issues regarding our private road is attached. In addition, it will be
mailed to the Weld County Department of Planning Services and to the Martinez's
lawyer, Macon Cowles & Associates, P.C.
The major issues are:
1. We do not want our current residential /agricultural status changed to
Industrial Zone District.
2. The road is not wide enough and the gravel base is not designed for
industrial use.
3. In 1988 the court indicated that everyone should pay a percentage of the
cost for maintenance. We have never asked for payment, because it was
not such a large issue.
4. Based on the above, Byron, hand delivered a letter/statement to all (4) four
residences. The amount charged was based on the cost of operating the
tractor, blade, mower and his time spent doing this, plus cleaning up debris
along the road. No one has paid to date .
5. However, now, the road requires more than we can provide, due to the
large number of vehicles coming and going, plus the heavy equipment as
mentioned above.
6. We cannot state an amount for compensation , for the use of the road until
we get estimates from a few companies that would be able to provide
gravel and professionally grade the road.
We have received many phone calls, letters and the Martinez's left a business card
when we were gone. We apologize for not responding. We are not careless or
irresponsible people. We have been overwhelmed with family/personal issues. Our
son passed away. This was unexpected and left us and his wife and child devastated.
In time we will get things adjusted, but for now, we are struggling to keep things
together. In addition, we had other family member in Washington State die.
EXHIBIT
11 My health is not well. In the last year and a half, I have had (2) two major surgeries,
with complications, frequent short term hospitalizations to keep the esophagus open
from reoccurring ulcers. Obviously, I am limited on what I can do and this imposes an
extremely heavy load on Byron. He helps to take care of me, plus run the household.
He is a senior too, and also has some health issues.
This has left very little time to deal with other day to day issues. We have been
overwhelmed with telephone calls, correspondence etc. (especially in regards to the
road). We are both senior citizens and are struggling to stay afloat. The best we can
do. is to keep working and in time we hope to get the issues resolved.
Thank you for your time.
Sincerely,
4..1,..„, ,. c ii,,Y7fr‹-re--- 2-2-712-4-4----.
Byron & Yvon a Marsh
Byron &Yvonne Marsh
14492 Weld County Road#1
Longmont, CO. 80504-9634
(H)303-651-2013 (C)97Q-214-4390
May 07, 2004
Weld County Colorado
Department of Planning Services
1555 N. 17th Avenue
Greeley, Colorado 80631
Re: (1) Case Number:USR-1470 as it affects the use of our private driveway: (a) WCR# 1 is a busy
road, there is a no passing zone where our driveway enters it. In addition the space at the
side of the road is narrow. There is a ditch (3) foot deep, approximately (5) feet from the
blacktop, and mail boxes are on both sides of the driveway (b) Our road is gravel and is
supposed to be (12) foot wide (c) the driveway is located approximately 1/2 mile from Highway
66, which is also an extremely busy highway.
(2) In the 1 1/2 to 2 year time that the Martinez Landscaping has been operating, the large trucks,
trailers, bobcat and other heavy equipment has caused significant change and damage.
The road is now nearly (20) foot wide, the culvert has been smashed in, causing the neighbor
to the south to be flooded. Without permission, their bobcat operator attempted to clear the
snow off of the road and left it and the gravel in piles in the ditch. The combination of large
trucks, trailers, heavy equipment and employee traffic (up to 20-25) cars daily, has created
a "washboard" effect making the road extremely rough.
(3) In 1988 the issue of this road was taken to court (Case No. 87 CV 491-Division 1). Briefly the
resolution was: the 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 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.
When we purchased the property approximately (12) years ago, we understood the issues regarding our
private driveway. We purchased a small tractor and blade for maintaining the road. There were (4) four
residences. A total of (11) eleven people lived in these four homes. The road was (12) foot wide from
WCR# 1 to the first junction on the private road. From there, the road was probably no more than (10)
ten foot wide. In addition, we located a trash service that utilizes a small truck compared to the larger
trucks used in town. And, of course, Byron has spent hours picking up trash along the road.
There are now (5) residences. Until the last couple of years we really did not have a problem. Byron
would grade the road routinely, even though, it is only required on an annual basis. Trash pickup was
minimal. We realize Colorado does not flood often, but the neighbor to the south was never flooded.
We might add that no one has ever paid anything for upkeep. Because the upkeep was minimal and
because no one complained, we did not push the issue of payments. It is nice if one can get along with
our neighbors.
The safety issues are enormous. The addition of industrial use (i.e. heavy trucks, trailers, equipment,
plus employees coming and going is a huge problem for this small private road. Another issue is the
children. We have four grandchildren and there are at least four other children that ride their bicycles
and play in this road. It is a private, dead end road. We really believe that the children should have this
right. This is so much better than having the children play on WCR# 1 or wherever. In addition the
EXHIBIT
school bus stops at the north side of our driveway. Pertaining to safety, we have also witnessed trucks,
trailers with large equipment pulling out in front of traffic on WCR# 1, causing traffic to stop abruptly to
avoid an accident. On a personal note, we drive a small compact car. When I approach our drive, I
always signal, slow down and pullover as far as I can to the side of the road to turn. Almost without fail,
cars will still pass on the double yellow line.
Five months ago a six inch water main and fire hydrant was installed in the easement. The twelve foot
road and easement are contained in a (66 ft.)wide strip. The easement is to be free of all structures.
This is to facilitate easy access for all utilities (i.e.. gas, water, electric). Also to maintain adequate
drainage for the occasional wet periods. Unfortunately the amount of garbage found in the easement as
increased, this includes bottles, cans, diapers, papers, plastic etc. Numerous hours can be spent trying
to keep this clean. This also goes back to safety, we do not want our children cut or hurt on the debris.
Thank you for your time and concern. We realize that this is a long and laborious letter to read, but we
hope that it clarifies why the addition of a business with the amount and type of traffic that the
Martinez's have would not be feasible.
Sincerely,
Byron and Yvonne Marsh
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A 1188 REC 02134401 03/18/68 1 , : 00 flmtl
4; AR21J44U1 F 1766 MARY ANN FEUERSTI.IN ClCLEVE i, PLCUf" :• r:! : ^;
_ �r.c.�/onS ,e4
<`,_ DISTRICT COURT, WELD Cur •:'P1 COLORADO e +'d
CASE NO. 87 CV 491 , Di' : : ion 172
• :
ORDER /e41--Ii
e41--I +,-
---------------------------
ROLLIE KNIBBS , OPAL K01665 , Clihi I ' °, L!,Il:;06 , ‘'El 11/. 1'75'i
,,.74.-,• THOMAS PIDCOCK and SHIRLEY FIDCOCE ,
Plaintiffs ,
j'•
�4w
vs . #^ ,
EDWARD M. CRENCS and ALICE C. GRI:GCS . " ,<
Defendants .
a
ti,, • This matter , 'n. '.'ing coot on for braving before the
• Court on December _ 1901 . the plain:tiff:-. bei.ri;f represen: L'c. r
by Michael J . Kud1 ' . Attorney at Li : . ne the t!cfendani
being represented by William W. Hughe ; , : ttorney at La '
-,t—
' the Court having, heard tl
the testimony of + Ire pa tici . having
a•''. ' read the documents filed with the Court '.ad taking notice of ytiq.,
the stipulations of the parties , bring; s,.tisfied in the : '�
premises does hereby enter its o: d and
' - IT IS HEREBY ORDERED : - Sy'�7I
1) That the plaintiffs Roll: e Rn'.bbs and Opal Knibbs .
Velma Post , Thomas Iidcock and Shiny Pidcock , jointly and a's'
severally, and their successors in intosfst , are the owners
ag
of a non-exclusive right-of-way or eas nt for ingress and ;.
egress and utilities over , under and e ss the following a' r
+ '•� describe[ property :
_ , t
.
"The North SD feet of the West 1611 fast of the Southwest ?3
.;•, • Quarter of Section 19 , Township 3 Nos-th , Range 66 West of
the 6th P.M. and the ;torch 06 ''eet < t the East 330 feet ,.'.
of the West 990 feet of thr said Southwest Quarter tittatcu
•
,�...:; in the County of Weld , State of Celor;ao , I
2) That sai ![above o, Etarwihed easement shall run with
the land and is appurte tai+' the land downed by the said
grantees of the easement . .ter
r. . 3) Th:.t Edward Grua ::: .. :'! A ire Crcn•r or their •
successors in interest , tigi pole"r.c r..r sc i .'... lr
shall not interfere with the ' .' ;' r of the criln:. '
easement in any manner w'ha•. s. -
4) That the •,ie' et . T. :
.. : , ,. I:zi tent and I ,r. ,:-a -
Grengs and Alice Grcng : : n 1 ',' e: +or -1 : th' . nti.
EXHIBIT
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�' , :r. , f ` ♦ r ix F t, l } . 5 �;1 ,(17t}'Y' ` yI 4 wi]+� ' t k.'. A ` "'(t� F f 1' t•tr Y4;i' r y 1 j . �' 7'FaY'dx"tN� $ t,.y C` ' ' '/
n , ; ilria51 M;ve s IC gleY 't .v� '•%;rg�� "S".1.
t I; y#� Y i wwp.44 3'., v Y r .t� L La;. ..
' _ 1?--3` ., P 1188 REC 02134401 05/its/BN 15 :00 t9 .0C _t ;.;
F 1767 NARY ANN FEUERSTEIN C7•EkL & 1.f CUPUE:1' t•!a.b co; ('c.
(.1
tt6ft,,
costs of maintenance of t.aid e,,., ' c-nt , 01,1 . -- ht chic!
equally by the users of the ct Meet to ) pro; . : : _
.I benefitting from the easement At the r c tccit, there
are four properties hencfittinl from tl e I .,n rf.
the property owned by the Cren .' , the property _crlc c Y
r,
Knibbs , the property owned by the I'idcotht end tiu- cIes ':
_t owned by Post . Therefore , the come c f rnir,t :r.' the
easement to be contributed shall be t _: L: c,. I•" ^
Knibbs , 25':; by Pidcocks, and 257 b. Pet( t . '
,t;
5) That the parties , having cbtuined '"Tree bids to
repair the existing easement in order to brie ; the road-,,:ay
to a specification cf a 12 font width and 4 itch grave'.
base , shall initially employ Cciden ' s Construction Company
in Longmont , Coloraco, the lowest bidder , to perform the
necessary repairs no later than June , 19?.;', .
6) That the initial repair costs shall pc ecrr:
equally by the grant ...,es and the Prongs , and n L" tlanai 2 r by in
s+e
Charles Larson , so tint the Crengs shall pa L. the he 1
costs , Knibbs 2C:;, P'.dcock 20;;, Post 2C., , ant ,.,,rsor. nth_ m
7)' That at least annually thereafter CA.l den' s Cont.t: .. '•
Company , or any other reputable rcad contractor . shall
A prform whatever repair , are necessary LO iaa:eras, the ru;ui 1
ZI- in good repair and acco ci:ng to the spec 1ic: .iono dc ` n•.:
' in paragraph 5 hereof . Ir. . the costs shall be borne tc roe•.
parties in accordance with paragraph a hereof I
J
8) That Edward Grei, shall personally have the right
to grade and maintain the a:Ient , but : '.tall also be persehaLlv 1
liable for and pay for any ca.-age , if any , resulting fruit
his work as determined by the conntructi, r cosonny m..:ntr,::..nr
the easement .
9) That anyone usint. the easement shall lie ners:'c..: le
liable and pay for any dame'r.c. if a , caused 0. the inpr.3pe1
use of the easement beyond u-c-mal wear and tear.
10) That Edward Cr rso. sha. , pt . ,1Jl "l c _ x
t: . priority right to stain r. tiyi grass I s c ,. easement
which shall be maintain', r a nt i(_ht c:f r.;,:. :1:' c' than i tr
8 inches . Failing to Of shalt. permit tie other rrantec:
or their successors it .. . ett , tc' cut the grAtr Eaccordinl
1:...'..
11) That Grcnl;s all rung n!1 ! un::,:p, post: t
. or other constructed ob tacie:s : h '' intc.: :.ere v. th ;.;.c cur
"r• or maintenance of the ,' . ter.lon! . clucin9' the :urcree: existing.
barbed wire fence .
12) That the Gre;h . - ; '.e riihr : e e: , ct :.
} •' - posted :.peed ::inn 1cn•. tr , ec tn tic- e hemet.: '0
miles pet hour at :ens!' c - . , .,ce . t t it r.et: , c •.. :!i
S
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13 1188 REG 02134401 03/18/08 IL : 00 ; y , up -- /(.1
- F 1768 MARY ANN FEULPET IN CLEPF I. Br:CUHUEP WLLU ( ti, Cr 4i1C
Si r'rY7.
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•
the use of the easement. The expeii ,o -—.,111 L, _. .,r by LL(
parties
parties equally as provided in pa el,r. : :. i,c. c +t
et
13) That the provisions of tluc orot o : 1 Hp...; v , ",'.•
_ the grantees and Grengs , and their ucue . in titic . +�
14) That this Order shall be recorded in the (iffic. of
•� the Clerk and Recorder, County of Weld , State of ( gored;. ,
and upon recording the original shall be filed with chic
• • Court and copies of the recorded Order given to each of the "`.
'� grantees and the Grengs .
DONE IN OPEI< COURT this ji . - day of ;:arcs , 1_988 , '..L...0 ''••
PRO TUNC December 29, 1987. &i
• BY THE COURT : E�.
y� r
r ,y
t#, APPROVED AS TO FORM: e `.
• •
'
Michdt1 J jila,-7 i( x)15 '� i
• Attorney for [tic /Y1 .1 iffs •
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!. W.LI .1)_4�JL/,j .,
1`d 1111iam W. Hughes i hi.)
Attorney for the Del'tndants
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II..--.IOfl II�OfillfltLill
",,.„�,..[e RECORDED EXEMPTION #'2046
BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 3 NORTH,
RANGE 68 WEST OF THE 6TH P M., COUNTY OF WELD, STATE OF COLORADO. Ii i ii
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