HomeMy WebLinkAbout20042201 Account Manager, Michelle
To Weld County Department of Planning:
This letter is written to explain several attempts that have been made with the North Lateral Ditch
Company to agree on an easement agreement, which is required by Weld County.
We have failed to reach such an agreement. North Lateral Company wrote the first agreement. We,
Victor and Martiel Von Feldt wrote the second agreement. North Lateral Company wrote the third
agreement.
We are concerned by their accusations of the possibility of my polluting several thousands of acres
with an RV Storage Facility. We protest this as bogus.
The second concern is their requirement to double their legal easement of 10 feet from the center of
the ditch with a road right-of-way. Copy#1 of their easement agreement, paragraph 1 indicates that
they are claiming additional easement property, which they would now require to be 150 feet wide
(75 feet in either direction from the center of the canal). The other side of the ditch has nothing to do
with my side. The easement that they have had in the past and have now is sufficient for operating the
ditch company. Any additional easement is unnecessary. We do not appreciate the ditch company
trying to hold us hostage to gain advantages, for which they are not entitled to.
As we have stated in my Easement Contract, we will not set any building closer than 75 feet from the
center of the canal. This is for our protection and management of the facility and does not give the
North Lateral ditch company any control over any additional land.
Also, as stated in my Easement Agreements, that we will submit with full cooperation to Weld
County all the required drawings and engineering for the construction of the facilities. Construction
will commence upon Weld County's approval, and it is not contingent upon the approval of the Ditch
Company.
Yours,
/-°
Victor R. Von Feldt
Martiel L. Von Feldt
itWawalit
2004-2201
ft, ,tAL-1,<' ` ,1.:
EASEMENT AGREEMENT
THIS AGREEMENT, made this day of
between THE NORTH SIDE LATERAL COMPANY, hereinafter the "Company",
and Victor and Martiel VonFeldt of 34030 Weld County Road 47, Eaton
Colorado, hereinafter "Second Party", WITNESSETH:
In consideration of Ten Dollars ($10.00) , and other good and
valuable consideration, the receipt of which is hereby acknowledged
by the Company, the parties mutually agree as follows :
PROJECT DESCRIPTION
Construction and operation of facility for indoor storage for
recreational vehicles and a construction company.
PROJECT LOCATION
Lot A of RE-706; part SW4 Section 12, T6N, R65W of the 6- P.M. ,
Weld County Colorado.
THAT WHEREAS, the Company is the owner of a ditch and right-
of-way; and
WHEREAS, the easement of the Company has historically been a
prescriptive easement of sufficient width to operate and maintain
the canal.
WHEREAS, Second Party desires to alter the land use of their
property.
The parties mutually agree as follows :
1 . Second Party acknowledges the historical prescriptive
easement of the Company. The Second Party and the Company mutually
agree that the easement of the Company will now be 150 feet wide
(75 feet in either direction from the center of the canal) . Second
Party further acknowledges that no permanent or temporary
structures, fences or trees will be placed or built within the
easement of the Company without the written permission of the
Company. Tree branches that hangover the easement of the Company
shall be maintained by the Second Party so as not to interfere with
the Company' s operation and maintenance of the easement and canal.
2. Second Party agrees to design, build and maintain a storm
water retention pond of sufficient capacity to retain the 100-year
storm. Second Party agrees to provide the Company with a copy of
the engineering design of the pond. The Company shall have the
I The North Side Lateral Co .
I P O Box 104
I Lucerne, CO 80646
1 of 3
option of having the engineering design reviewed by an independent
engineer. Second Party agrees to pay for this review.
3. All work shall be performed only after prior notice and
submission of plans and specifications to the superintendent of the
Company, and, if required by the Company, will be performed under
the supervision of such superintendent.
4 . In the event any .sum is expended by the Company for repair
or maintenance of the ditch which. . repair or maintenance is
necessary because of Second Party' s acts or omissions, Second Party
shall reimburse the Company for such expense. Determination of
whether repair or maintenance is necessary, and whether an
emergency exists, shall be at the discretion of the Company.
5. The Company shall have full power to operate, maintain,
alter, enlarge, relocate, clean and manage its ditch as if this
Agreement had not been made, and any expense or damages caused
thereby to Second Party shall not be chargeable to the Company,
except as to such damage as may be caused by the Company's
negligence. It is specifically agreed that normal maintenance and
repair activities, including the operation of machinery for such
purposes upon the ditch right of way and within the ditch itself,
shall not constitute negligence. In the event, however, that any
such action on the part of the Company could reasonably be expected
to affect Second Party, the Company agrees to give prior notice to
Second Party, and to cooperate to avoid injuries or damages .
6. This Agreement and all the terms and conditions thereof
shall extend to and be binding upon the successors and assigns of
each of the parties hereto. This Agreement shall not be assigned
by Second Party without the written consent of Company.
7 . The Company agrees to record this Agreement or an executed
copy thereof at the expense of the Second Party, with the Cierk and
Recorder of the county within which the crossing is made, and
furnish a copy of said recorded document to the Second Party.
8. Any notice required or permitted hereunder shall be deemed
effective when deposited in the United States mail, postage
prepaid, certified mail, return receipt requested, and addressed to
the party to whom notice is to be given, as follows:
If to Company: P O Box 104
Lucerne, CO 80646
If to Second Party: Victor & Martiel VonFeldt
34030 WCR 47
Eaton, CO 80615
or such other address as may be furnished to the other party by
2 of 3
r .
written notice.
9. Second Party shall be liable for, and shall indemnify
and hold Company harmless from any losses or damages that may
arise, including but not limited to, the release or inflow of
chemicals, fuel, oil or any other substance into the Company' s
easement and canal .
10 . This agreement .is contingent upon, and shall not take
effect until the approval by the Board of Directors of the
completed plans and specifications and the giving of notice of such
approval to the Second Party. The plans and specifications as
approved shall be attached hereto as an exhibit and be recorded.
IN WITNESS WHEREOF, the parties have caused these presents to
be duly executed by the proper persons, and have affixed their
seals hereto on the day and year first above written.
THE NORTH SIDE LATERAL COMPANY
By:
Its :
ATTEST:
By:
Its :
SECOND PARTY
3 of 3
EASEMENT AGREEMENT
THIS AGREEMENT,made this day of
Between VICTOR R. and MARTIEL L. VON FELDT of 34030 Weld County Road 47, Eaton, Colorado, hereinafter
known as the Owners, "party of the first part" and THE NORTH SIDE LATERAL COMPANY, hereinafter "Second
party",WITNESSETH:
PROJECT DESCRIPTION
Construction and operation of facility for indoor storage for recreational vehicles and a construction company. Special use
permit has existed for 10 years for the Construction Company as it exists. The Construction Company will NOT change
its appearance.The Special use is amended to include Indoor Storage for Recreational Vehicles.
PROJECT LOCATION
Lot A of Re-706;part SW4 Section 12,T6N,R65W of the 61h P.M.,Weld County Colorado.
THAT WHEREAS,the Lateral Company is the owner of a ditch and right-of-way;and
WHEREAS, the easement of the Lateral Company has historically been a prescriptive easement of sufficient
width to operate and maintain the canal;and
WHEREAS, the First Party desires to alter a portion of the land use of their owned property, approximately 6
acres,with the balance of 15 acres to remain as agriculture land.
The parties mutually agree as follows:
1. First Party acknowledges the historical prescriptive easement of the Lateral Company, the Second
Party. The First Party and the Second Party mutually agree that the Company has an easement to
operate an irrigation canal. First Party further acknowledges that permanent structures will set no
closer than 75 feet from the center of the canal. This is for our protection and management of the
facility.This does not give the Second Party any control over any additional land.Temporary fences
to control livestock,etc.are not to be considered permanent structures.
2. First Party agrees to design,build and maintain a storm water retention pond of sufficient capacity to
retain the watershed of the rooflines of the structures proposed. Storage facility in its design will not
hinder normal flow.The Second Party ditch,in its design,does hinder the normal flow in storms that
are acts of God. The Second Party does traditionally maintain the canal during these times and will
continue to maintain the canal. The Retention Pond will be designed by a Certified Colorado State
Engineer to retain the watershed from the rooflines of the structures, and will not be built to control
the flow of abnormal water of higher ground, which may pass through the storage facility. The
Retention Pond will be placed where needed to facilitate the drainage from the buildings and the
State Engineer will help determine the location.
3. The First Party will submit an engineered plan to the Weld County Department of Planning and
Inspections for their approval. The Weld County Department of Planning will monitor the
construction of the retention pond. The Second Party will refer its comments or grievances to the
Weld County Department of Planning. The Second Party will accept the Engineered plans approved
by the Department of Planning as final. Any parties seeking a second opinion, etc. agrees to pay for
the review that they desire.
4. All work shall be performed after final approval of Weld County Department of Planning, and will
be under the Department of Building Inspections, and/or under the supervision of a state licensed
engineer.
5. In the event any sum is expended by the Second Party for the repair of the ditch for damages caused
by the First Party, intentional or otherwise, the First Party agrees to reimburse the Second Party. If
necessary in the event of a conflict,a qualified third party shall settle the dispute.
6. The Second Party shall have full power to operate, maintain, clean, and manage its ditch as if this
agreement has not been made. Any damages, other than what is traditional will be the responsibility
of the Second Party, in its respect to its good neighbor policy. In the event, however, that any such
action on the part of the Second Party could reasonably be expected to affect the First Party, the
Second Party agrees to give prior notice to the First Party, and to cooperate to avoid injuries or
damages.
7. This Agreement and all the terms and conditions thereof shall extend to and be binding upon the
successors and assigns of each of the parties hereto. This Agreement shall not be assigned without
the written consent of both parties.
8. Any notice required or permitted hereunder shall be deemed effective when deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, and addressed to the party to
whom notice is to be given,as follows:
If to First Party: Victor R.and Martiel L.Von Feldt
34030 CR 47
Eaton,CO 80615
If to Lateral Company: PO Box 104
Lucerne,CO 80646
or such other address as may be famished to the other party by written notice.
9. First Party shall maintain the storage facility and will not allow the storage of any toxic waste
materials,or chemicals. In the event a renter might attempt to store such items,they will be required
to remove them immediately or the sheriff will be notified.
10. Any fires set by the Second Party must be in full control to avoid damage to structures.
11. This agreement is contingent upon the approval of the plans and specifications submitted by the First
Party to the Weld County Commissioners. The recorded plans will be submitted after the Weld
County Commissioners action.If denied,this agreement becomes null and void.
IN WITNESS WHEREOF,the parties have caused these presents to be duly executed by the proper persons,and
have affixed their seals hereto on the day and year first above written.
VICTOR R.VON FELDT
By: Date
MARTIEL L VON FELDT
By: Date
ATTEST:
By: Date
Its:
NORTH LATERAL COMPANY
By: Date
Its:
EASEMENT
THIS AGREEMENT, made this day of , , between THE NORTH SIDE
LATERAL COMPANY, hereinafter the "Company", and Victor R. and Martiel L. Von Feldt of
34030 Weld County Road 47, Eaton Colorado, hereinafter "Second Party", WITNESSETH:
In consideration of Ten Dollars ($10.00) , and other good and valuable
consideration, the receipt of which is hereby acknowledged by the Company, the parties
mutually agree as follows:
PROJECT DESCRIPTION
Construction and operation of facility for indoor storage for recreat_or_ai vehicles and
a construction company. Special use permit has existed for 10 years for the construction
oronany. The Special Use is being amended to include the recreation. vehirle Storage
facility.
PROJECT LOCATION
Lot A of RE-706; part SW4 Section 12, T6N, R65W of the 6`'" P.M., Weld County Colorado.
THAT WHEREAS, the Company is the owner of a ditch and right-of-way; and
WHEREAS, the easement of the Company has historically been a prescriptive
easement of sufficient width to operate and maintain the canal.
WHEREAS, Second Party desires to alter the land use of their owned property,
approximately 6 acres, with the balance of 15 acres to remain as agricultural land.
The parties mutually agree as follows:
1. Second Party acknowledges the historical prescriptive easement of the Company.
In lieu of the prescriptive easement for the platting process the Second Party and the
Company mutually agree that the easement of the Company shall be 150 feet wide (75 feet
in either direction from the center of the canal) . Second Party further acknowledges
that no permanent structures or trees will be placed or built within the easement of the
Company without the written permission of the Company. Tree branches that hangover the
easement of the Company shall be maintained by the Second Party so as not to interfere
with the Company's operation and maintenance of the easement and canal. Second Party is
permitted to fence the easement of the Company. Construction and maintenance of the
fence will be the sole expense of the Second Party. In the event the fence must be
removed to allow the Company to maintain and operate the canal, Second Party shall
remove the fence at its expense.
2. Second Party agrees to design, build and maintain a storm water retention pond
of sufficient capacity to retain the 100-year historic storm for that portion of the
property being amended. The retention pond will be designed by a Certified Colorado
State Engineer and will be approved by the Weld County Department of Planning and
Inspections. Second Party agrees to provide the Company with a copy of the engineering
design of the pond. I
I The North Side Lateral Co.
I P O Box 104
I Lucerne, CO 80646
1 of 3
3. All work that effects the easement of the Company shall be performed only after
prior notice and submission of plans and specifications to the superintendent of the
Company, and, if required by the Company, will be performed under the supervision of
such superintendent.
4. In the event any sum is expended by the Company for repair or maintenance of
the ditch which repair or maintenance is necessary because of Second Party's acts or
omissions, Second Party shall reimburse the Company for such expense. Determination of
whether repair or maintenance is necessary, and whether an emergency exists, shall be at
the discretion of the Company.
5. The Company shall have full power to operate, maintain, alter, enlarge, clean
and manage its ditch as if this Agreement had not been made, and any erpense or damages
caused thereby to Second Party shall not be chargeable to the Company, eccept as to such
damage as may be caused by the Company's negligence. It is specifically agreed that
normal maintenance and repair activities, including the operation of machinery for such
purposes upon the ditch right of way and within the ditch itself, shall not constitute
negligence. In the event, however, that any such action on the part of the Company
could reasonably be expected to affect Second Party, the Company agrees to give prior
notice to Second Party, and to cooperate to avoid injuries or damages.
6. This Agreement and all the terms and conditions thereof shall extend to and
be binding upon the successors and assigns of each of the parties hereto. This
Agreement shall not be assigned by Second Party without the written consent of Company.
7. The Company agrees to record this Agreement or an executed copy thereof at
the expense of the Second Party, with the Clerk and Recorder of the county within which
the crossing is made, and furnish a copy of said recorded document to the Second Party.
8. Any notice required or permitted hereunder shall be deemed effective when
deposited in the United States mail, postage prepaid, certified mail, return
receipt requested, and addressed to the party to whom notice is to be given, as
follows:
If to Company: P 0 Box 104
Lucerne, CO 80646
If to Second Party: Victor R. & Martiel L. Von Feldt
34030 WCR 47
Eaton, CO 80615
or such other address as may be furnished to the other party by written notice.
9. Second Party shall be liable for, and shall indemnify and hold Company
harmless from any losses or damages that may arise from, including but not limited to,
the accidental or purposeful release or inflow of chemicals, fuel, oil or any other
substance into the Company's easement and canal. Second Party shall only be liable for
the damages that occur from substances that originate from their property.
10. This agreement is contingent upon, and shall not take effect until the
2 of 3
approval by the Board of Directors of the Company and the Weld County Commissioners. The
plans and specifications as approved shall be attached hereto as an exhibit and be
recorded.
IN WITNESS WHEREOF, the parties have caused these presents to be duly executed by
the proper persons, and have affixed their seals hereto on the day and year first above
written.
THE NORTH SIDE LATERAL COMPANY
Tv:
.s.
ATTEST:
By:
Its:
SECOND PARTY
Victor R. Von Feldt
Martiel L. Von Feldt
3 of 3
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS 8/13/04 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, Michelle Martin, 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_AmUSR- 1028 IN THE AGRICULTURAL ZONE
DISTRICT.
Michelle Martin
Name of Person Posting Sign
�t•
c
Signature of Person Posting Sign
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was subscribed and sworn to me this,n Qay of h t c1i- , 2004.
WITNESS my hand and official seal. J
oMAe r ,.G
otary Public a ALMA.
Aga
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