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Home My WebLink About20043673.tiff Weld County Planning Denartment /1 (-) GRFFL_ry r)rFIF,F �G ` Nov tH ZUU4 RECEIVED Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 (303)447-3062 EMAIL ADDRESS: macon.cowles@comcast.net FACSIMILE: (303)440-6294 Macon Cowles, Esq. Wednesday, November 3, 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 Road Maintenance Plan Dear Chris I am enclosing letters which I received from the Martinez' neighbors Byron and Yvonne Marsh and Kory Hanson. There is nothing we can do to address the Marsh's concerns, because they have yet to tell us what they want, or what we can do to make this work better for them. Mr. Hanson raised points which are valid, and I have redrafted the Plan to address his concerns. A redlined version of the revised Plan, as well as a copy of the letter that I have written to Mr. Hanson are enclosed. Kind regards. Very truly yours,kVA Macon Cowles Enclosures cc: Jose and Natalia Martinez r OOLj- 3 L13 Byron L a Yvonne S Marsh 14492 W.C.R. „ 1 Longmont,CO. 80504 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, —6?/..e-dete-Js P-er-Prnse... 5 "2724-54-C. Byron L. &Yvonne S. Marsh 1‘140 k'oU( ,mss( `s CON.c*.tt s tb (Road fl4t.eizae.< November 2, 2004 krol ree'u !e «J 3! vi Via Facsimile Macon Cowles 1680 Wilson Court Boulder, Colorado 80304 Re: 14484 Weld County Road 1 Dear Mr. Cowels: I am in receipt of your letter dated October 28; 2Ci01. ;cave had an opportunity to review your proposed Road Maintenance Plan and am roncernec :=:;:h the language in several sections. First, I want clarified in Paragraph 2 that pro roan ;s based on use or benefit. not home ownership. I do not want to be bound to pay one-fifth the to::] cost of repairs to the road when the business of another homeowner is causing damage :has the normal wear and tear that result from personal use only. A six ton truck is more ':ir:r�. o cause the road to sink or erode the shoulders than a Honda Civic. Second, in Paragraph 3.3, I want clarified that "Ltiklowners' means the 'vlartinez only. 1 am not willing to pay for a piece of equipment that is i:eccas.irl for making repairs that result from another homeowner's business. Again, a six ton auc: '_ :-aore likely to cause washboards and potholes than a Honda Civic. Thank you for you attention to my concerns. I !op.-, and to working with V'oL: further on this mater. - 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, November 3, 2004 Kory Hanson 14490 Weld Count Road 1 Longmont, Colorado 80504 Re: 14484 Weld County Road 1 Dear Mr. Hanson: Thanks for your faxed letter this morning. I am writing you rather than calling you because my computer, with your phone number in it, is in the shop this week, and I was not able to find a listing for you. Please give me a call so we can talk about your two concerns. But we take them seriously and propose the following changes to address them. First, in reviewing the Plan, I realize that the paragraph numbers were screwed up, so I have renumbered them. Second, you expressed a concern about paragraph 2—reunumbered as paragraph 3—because you want to make sure that that means that the share that Mr. Martinez would pay relates to his use and benefit from the road, pointing out that that use will cause more wear and tear from equipment than others who are simply driving cars on the road. Your point is well taken. To address that concern, we have changed "pro rata" to "fair" in the bold descriptor that begins that paragraph. We have also changed the rest of that paragraph to specifically recognize that a fair share takes into consideration the use and benefit that the property owners get from the road. Our intent here is to acknowledge the prior court case and to state that the Martinez' will abide by its requirement for sharing the costs of maintaining the road. Until others pitch in for the cost of maintaining the road, however, the Martinez' are going to provide the extra maintenance on the road which is set out in the Plan. Finally, your point about paragraph 3.3 is also well received. Our intent is the same as yours, and in the redraft of the plan, we have now expressed it unambiguously. I - - Kory Hanson Wednesday, November 3, 2004 Page 2 I am enclosing a redlined version of the plan to show the changes from the prior draft you received. Thanks so much for taking the time to tell us your concerns. Don't hesitate to call with further questions or comments. But please give me your phone number if you do. Very truly yours, Macon Cowles cc: se and Natalia Martinez /Chris Gathman, Weld County Planning Department 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 3. 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. §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, 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. §3. Commitment to pay pre-ratafith share of the expenses of maintaining the road. Jose and Natalia Martinez bind themselves to pay a proportionate fair share of the reasonable expenses of maintaining the Road Maintenance Plan November 3, 2004Thursday,-October 28. 2004 Page 1 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. §34. Additional Traffic. Additional traffic would be generated by the approval of USR 1470 from the following equipment approved in (HE 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. §85. 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. §85.1. 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. §85.2. 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. § 35.3. 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. 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 November 3. 2004Thursday, October 28, 2001 Page 2 Hello