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M:\CAROL\OPMAN\RDCOMP2
(104504f /4510604 2003-3338
Kit6 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
' WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
Q FAX: (970) 352-0242
•
COLORADO
November 24,2003
Stanley G. Thomsen, Jr.
Christy L. Thomsen
33 Arado Way
Greeley, CO 80634
Re: Your Petition Regarding the Installation of a
Sewer Line by the City of Evans and the
Suggestion of an Intergovernmental
Agreement
Dear Mr. and Mrs. Thomsen:
The Board of County Commissioners of Weld County has asked me to respond to your petition
regarding the installation of a sewer line by the City of Evans in certain rights-of-way and a
utility easement in the Dos Rios Estates Second Filing subdivision, and regarding a suggested
intergovernmental agreement between Weld County and Evans.
It is Weld County's position that it does not have the right to reject the installation of the sewer
line. This position is based upon two factors. First, the plat for the Dos Rios Estates Second
Filing dedicates to the public the public rights-of-way shown on the plat. The dedication was
made on February 6, 1996. The plat is recorded at Reception Number 2484549 in the office of
the Weld County Clerk and Recorder. The second factor is that Colorado law does not allow
Weld County to reject the installation of sewer lines in rights-of-way which are dedicated to the
County.
It appears that the City of Evans intends to install the sewer line not only in the dedicated public
rights-of-way,but also in a utility easement. The utility easement does not limit the utilities for
which it is reserved.
As for the suggested intergovernmental agreement("IGA"), please be advised that Weld County
and Evans are considering extending their previous IGA, which addresses the primary issue of
urban land uses in the unincorporated areas of an urban growth area("UGA"). The IGA does not
address land uses allowed by Evans once lands within the UGA are annexed to the City. Weld
County have never taken the position that it will,by agreement, dictate land use within
incorporated municipalities.
Letter, Thomsen
November 24, 2003
Page 2
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
rely,
c er
Weld County Attorney
pc: Board of County Commissioners
Monica Mika
PETITION
To: The Weld County Board of Commissioners
The Evans City Council
Whereas: The City of Evans is considering a proposed development for 306 houses for the property south
east of the corner of 49th Street and 65th Avenue, and directly West of the unincorporated community of
Dos Rios Estates;
Whereas: The Evans Comprehensive Plan designates the 160 acres that lies south east of the corner of
65th avenue and 49th street a"Rural Residential Neighborhood"with"1 to 5 acre lots"(source: City of
Evans.);
Whereas: The Evans planning department has expressed its preference that a 36"sewer line be installed
to serve this proposed development,and that the Evans planning department prefers that the path of this
sewer line pass directly through the unincorporated community of Dos Rios Estates;
Whereas: A 36" sewer line far exceeds the needs of the proposed development;
Whereas: Feasible alternate routes for a sewer line, if one is necessary,exist including eastward down
49th Street;
Whereas: The Evans Comprehensive Plan states: "Evans will have a compact land use pattern,maintain
a balance between development and the natural environment, provide essential services and facilities
efficiently, and coordinate with neighboring jurisdictions on regional growth issues." (source: Evans
Comprehensive Plan, p 40);
Whereas: The Evans Comprehensive Plan states: "By establishing a Priority Growth Area,the City
strives to avoid leapfrog development that it cannot serve efficiently,thereby reducing the need for new
infrastructure and services in outlying areas." (source: Evans Comprehensive Plan, p 42);
and Whereas: The proposed development lies one mile from the nearest developed area of Evans and
three miles from the nearest development of like kind;
We,the undersigned,petition the Weld County Board of Commissioners and the Evans City Council to
work together to:
1. %jevelop a binding intergovernmental agreement for the property described above that is
consistent with the Evans Comprehensive Plan as stated in the unamended Final version approved
May, 2002,with specific reference to type of development, lot size,contiguity, leap-frogging and
other provisions; and
2. avoid constructing any type of sewer that passes through Dos Rios Estates.
i
Signed: . .
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