HomeMy WebLinkAbout20011421.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 63 AND AUTHORIZE
CHAIR TO SIGN - ROCKY AND SUSAN PETERSON
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
Upgrade and Maintenance of a Portion of Weld County Road 63 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 Rocky and Susan Peterson, 36921 Weld County
Road 63, Galeton, Colorado 80622-9616, with terms and conditions being as stated in said
agreement, and
WHEREAS, after review, the Board deems it advisable to approve 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 Upgrade and
Maintenance of a Portion of Weld County Road 63 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 Rocky and Susan Peterson be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST: Milla) *k s1 E ' , Sets/
ceile, C it
Weld County Clerk to the B,: }, ? sv
i enn Vaad, Pro-Tem
Deputy Clerk to the Board
Willia . Jerke
}PPR AS :
Davi E. Long
1
ountyAttorni
V
Robert D. M sden
2001-1421
(�� ; �e�MO F EG0041
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE
7( AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 23 day of
May , 2001, 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 Rocky C. Peterson and Susan M. Peterson as
Second Party.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at
N 1/4 Section 31, Township 7 North, Range 63 West in Weld County, Colorado, and
WHEREAS, First Party purportedly is the owner of the right-of-way known as
WCR 63 and located as follows:
Running 1 mi. N from WCR 74 between Sec. 31 & 32, T. 7N, R. 63W in 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 a 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 arc 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.
Revised 10-11-00(w/sp cg-2-16-01) Page 1 of 4
I HIV 111111111111IIIVIII1111111 NEVI VIIIIIIIIIII
2858071 06/15/2001 04:06P JA Suki Tsukamoto AY)d — �$ �
1 of 4 R 0.00 0 0.00 Weld County CO
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. Second Party shall design and construct the ROW such that it is adequate for Second
Party's needs.
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. Second Party shall be responsible to supply and install cattle guards at either end of
the ROW,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.
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 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.
Revised 10-1�1-00(w/sp cg -2-16-01) Page 2 of 4
111111111111 IIIIIII 11111111111111111111 III 11111 /iii /iii
2858071 06/15/2001 04:06P JA Suki Tsukamoto
2 of 4 R 0.00 D 0.00 Weld County CO
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 ofthe 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. First Party makes no guarantee or warranty as to the existence of ROW or, assuming
it does exist, as to whether or not ROW is reserved or dedicated for public use by First Party.
12. Second Party agrees to contact all landowners owning land adjacent to ROW in
order to mitigate the potential impacts the road design,upgrade and maintenance of ROW may have
on such adjacent lands.
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.
Revised 10-11-00(w/sp cg -2-16-01) Page 3 of 4
I Inn 1111111 III 11111 111111111111 III 111111111 IIII
2858071 06/15/2001 04:06P JA Suki Tsukamoto
3 of 4 R 0.00 D 0.00 Weld County CO
EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: giski
Weld County Clerk to t >: clE / A
cid
r 7 ` 277 .
Deputy Clerk to t : t '�•'--� M. J. Geile, Chair
. A� ' (05/23/2001)
�his
jam, SECOND PAR Y:
yze
Title:
SUBSCRIBED AND SWORN to before me this day of , 20r By
pnrley C' PPtorcnn and Susan M. Peterson. ' `��,�
WITNESS my hand and official seal of ;,
• Al
r7 : Uz
lQilC 0->cllr,Al" _ : p
Notary Public
My commission expires:
My Commission Expires
m:\wprilesagrcenfadd$M2Q a\peterson
Revised 10-11-00(w/sp cg -2-16-01) Page 4 of 4
1111111 111111111111 III 11111111111111111 III Until
IIII
2858071 06/15/2001 04:06P JA Suki Tsukamoto
4 of 4 R 0.00 D 0.00 Weld County CO
flOH: ks"
MEMORANDUM
COLORADO TO. Clerk to the Board DATE. May 11, 2001
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's May 23, 2001 agenda:
Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way
with Rocky C. Peterson and Susan M. Peterson.
The appropriate documentation is attached.
Enclosures
(Pee/- /142/
RECEIVED
LIND, LAWRENCE & OTTENHOFF LLP MAY 0 2 2001
ATTORNEYS AT LAW
THE LAW BUILDING WELD COUNTY
1011 ELEVENTH AVENUE pUp1:IC WORKS DEPT
P.O.BOX 326
GREELEY,COLORADO 80632
GEORGE H.OTTENHOPF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
P.ANDREW JONES (970)356-1111
RICHARD T.LiPUMA E-MAIL georgeellolaw.com
May 1, 2001
Board of County Commissioners
915 10`" Street
Greeley, CO 80631
RE: Peterson Request for Nonexclusive License Agreement for the Upgrade
and Maintenance of Weld County Right-of-Way
Ladies or Gentlemen:
I enclose in duplicate a Request for Nonexclusive License Agreement for the Upgrade and
Maintenance of Weld County Right-of-Way which has been executed by Rocky C. Peterson and
Susan M. Peterson. Kindly have the License Agreement executed in behalf of the Board of
County Commissioners, and return one copy to me. If an appearance or hearing before the Board
is necessary, please contact my office regarding the earliest possible scheduling.
Yours very truly,
LIND, LAWRENCE & OTTENHOFF LLP
George H. Ottenhoff
GHO/en
Enclosures
pc. Lee Morrison
Mr. and Mrs. Peterson
F:\OHO\PETERSON\COMMISONER.LTR.wpd
.: M k'rc a++ We, •
34,4a1,wusta3, ;
aQG�y,.
' `q. ; <
px
f �[. .�, `' .
pD ✓
ad& x '. . KLeq
Rpaaearzez i _
x
. �.go�E�1.y;M�.. s ..
,= RF. ;:
11.1
0 0i 2-
e ,. f t
' V : - M t 1.4.(g....
t ''j4..p ,q
MM}
r
5 s.
•
424
4,4
Pt OO
54
1 rq s}r 're L{ZRA$7.e Adi
; F t
a.. . E
rr
€. •t TtL , . - "
ate"
` u ' ' � v'Mfk axe: �•*, r 'zk s
:i� ti i • c � s
R�'�H r� � � •�ai
�. r - 2' v34 rz }f f @ uJ
t'4•14--21 i _ �- Am A-" ,taf fir!
NOTICE
Pursuant to Section 43-2-303, C.R.S., and the Weld County Code, a public hearing will be held
in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld
County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, during its regular
Board meeting.
The complete case file may be examined in the office of the Clerk to the Board of
County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley,
Colorado. E-Mail messages sent to an individual Commissioner may not be included in the
case file. To ensure inclusion of your E-Mail correspondence into the case file, please
send a copy to charding@co.weld.co.us.
DATE: May 23, 2001
TIME: 9:00 a.m.
APPLICANT:
Rocky and Susan Peterson
36921 Weld County Road 63
Galeton, Colorado 80622
REQUEST: Nonexclusive License Agreement for the Upgrade and Maintenance of a Portion of
Weld County Road 63 and authorize Chair to sign
LEGAL DESCRIPTION: The public road right-of-way lying 30 feet on either side of the section
line between Sections 31 and 32, Township 7 North, Range 63 West of the 6th P.M., Weld
County, Colorado
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 11, 2001
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing, was placed in the United States mail, first class mail, postage prepaid, addressed to
the following property owners.
DATED this 11th day of May, 2001.
ROCKY AND SUSAN PETERSON RICHARD AND JULIE KLEIN
36921 WELD COUNTY ROAD 63 31255 COUNTY ROAD 74
GALETON CO 80622-9616 GALETON CO 80622
ZAHOUREK CONSERVATORY LLC STEVE AND RHONDA ARMKNECHT
4225 FAWN TRAIL PO BOX 757
LOVELAND CO 80537 GALETON CO 80622-0757
JAMES AND CANDANCE MOORE BRETT AND THERESA WILLIAMS
36625 WELD COUNTY ROAD 63 31055 WELD COUNTY ROAD 74
GALETON CO 80622-9616 GALETON CO 80622
CLARA HEINZE TRAVIS AND ROBIN MILLER
37141 WELD COUNTY ROAD 53 31257 WELD COUNTY ROAD 74
EATON CO 80615 GALETON CO 80622
CHARESE FEUERSTEIN ROBERT AND RENEE GRIGSBY
PO BOX 304 561 6TH STREET
GALETON CO 80622-0304 NUNN CO 80648
BRU AND KATHARINE TILL KARL MORAN AND SARA DARCY
37690 WELD COUNTY ROAD 63 4119 WEST 15TH STREET
GALETON CO 80622 GREELEY CO 80634
TOM GROVES RICHARD AND TRACY KIMSEY
736 36TH AVENUE COURT 571 7TH STREET
GREELEY CO 80634 NUNN CO 80648
JERRY AND GAIL JACKSON DANNY WITHAM AND TAMI
1300 27TH STREET TREVARTON
GREELEY CO 80631 1724 SAGEWOOD DRIVE
FORT COLLINS CO 80525
JACKIE ROBERTSON
149 EAST 109 AVENUE
NORTHGLENN CO 80233
Deputy Clerk to the Board
7,77 at /5 , / 4c5/
L C e /'1l 6rri J 6Y—
L02di G Q
a /La ei Q /cam abs'�
prof ��- � � �� s ; 9'i ,/
f a',SIan c1 ,) 5 IOC G 3
Cvlc- C i Y1 ! /in t Q C f1-�J
;/ LPL av wy /1
i �� r �Lccrn
G J t.e S c A-sr--t dui '2 num gee/ e,—
ve /tic cif-a) Q [' no -71-ro SAL_ � ��' 4/°'^y'''�'
WE? 'lc.
774-4)"12-- or_ "-yr
,LO
caz-t2 OOH a%cvti
rZo c 5 ° F-e./rte 00%
archC S4o/c) ,
ET1T
a
3i/is ctic? 7s! iza/e
(� 70) L/52/- 31,a/
April 12, 2001
To the Board of Commissioners:
This letter is to address the permit filed by Rocky & Susan Peterson to open
the '/2 mile section directly north of WCR 74.
We understand that there are several new board members who may not be
familiar with the WCR 63 issues. As a short recap, there are 4 adjoining
property owners who do not want this road open. It has been abandoned and
closed according to County records and has served only as a cattle trail.
There is an existing easement, which was granted to all property owners
located North of the closed portion of WCR 63. Each property owner
bought their land with the understanding that the existing easement/access
was approved and recorded by Weld County. This provides them north &
south access to their properties.
There are several reasons that we currently do not want WCR 63 opened.
We now have a very quiet neighborhood. Opening WCR 63 would invite
unwanted traffic and dust. On this private easement, the children are now
able to ride their motorcycles, bicycles and horses without the worry of
safety issues. If WCR 63 is opened, this would all change because it will
become a public access.
We have worked hard to get the community to come to a mutual agreement.
Although there has been resistance from some parties, the majority of land
owners are in agreement to work together to improve the existing private
easement to favorable driving conditions. This would include grading,
installing culverts, graveling and posting speed limit signs. Several of the
land owners are either equipped to provide this service or have connections.
It is also our understanding that if this road is improved to a safe condition,
the school district would allow the bus to travel on it to pick up the children
at their driveways.
Attached is a list of signatures from the majority of the land owners who
would be directly effected one way or another if WCR 63 is opened. We are
asking the Board to recognize the adversity by the property owners
signatures and the permit filed by the Peterson's be denied.
Thank you for your time and consideration in this matter.
Signatures of property owners petitioning the opening of WCR 63.
snw tacit /c3
8? ?oaeC 63
G� - 37/25 w� p 3
'ate t1AJR ti) 37/) Lvc R l 3
25
33 (o(or ivcX 3
3GG2r lacR cos
alas" (Ai - f
.7, W..� a
0 �, __ La f/o.r.r .c.P 7y
c.Grur'►w 310,53- td tic '1 Y
Lot K
Signatures of property owners petitioning the opening of WCR 63.
( / 5- 10 - zocol
( A 6/fA/ � ( en,- /00ti
rk 4<i, �c '� l/'f> C A 1-21
tiatart 9�14.M.,,4 V i r R S
LI„LLtik)— accts wcg, 7g
2 ail, at,f4flA-xicitt an/ 5 b.7c2- 7V
Rocky and Susan Peterson
36921 WCR 63
Galeton,CO 80622
970-656-3736
May 18,2001
Weld County Commissioners
915 10th Street
Greeley,CO 80631
Weld County Commissioners:
Road 63 has 12 properties on it not counting Armlmecht or Williams. Currently there are 3 houses being
lived in and 3 getting ready to move in. That leaves 6 more houses with additional traffic in the future. The
addresses are listed as road 63 not 63 1/4 which is where the access road is at. In order to make it less
confusing for emergency access we feel road 63 needs to be pulled open. This way we are not losing
valuable minutes trying to be found. Rocky is allergic to bees so a delay of 2-3 minutes could mean the
difference between life and death. The fire department and sheriffs department have stated that they would
like to see road 63 opened. Response time for residents on road 63 will be jeopard 7Pd if any route but 63 is
used.
Road 63 should have been pulled straight through when this area was developed. The board of realtors is
not going to do anything about this situation. There is no homeowners association. The access road is not
being maintained. One of the homeowners who feels that everybody on road 63 should be driving up to
road 78 and then coming back down keeps putting speed bumps in the road. They range in height from 7-
14 inches. Sometimes there are trenches dug on the backside of the speed bump. In that case you drive up
over the bump come down in to a trench and then back up on to the road. We have had to put brake lines,
shocks and struts on our van and shocks and a muffler on our pickup due to these speed bumps. We have
lived on our property for a year and can't continue to spend a thousand dollars in repairs each year.
All of the land owners bought on road 63 knowing the access road was the way to get to their property. We
also knew there was a county right of way that we could open up. Everybody who bought on the right of
way knew it was there. One neighbor is lobbying against the improvement because it brings his home 65
yards from the road. The politicing has been out of control. We heard of a community meeting after the
fact. This neighbor implied he had a list of signatures to leave the road closed. The ones that supposedly
signed want to leave their options open for the future in case they change their mind. We need you to help
us correct this error by opening road 63.
Thank you,
&`°"`v . EE IBIT
Rocky and Susan Peterson
Galeton Fire Protection District
P.O. Box 697
Galeton, CO 80622
970.454.0681
May 15, 2001
Weld County Board of Commissioners
915 10"' Street
Greeley, CO 80631
Dear Board of Commissioners:
The Board of Directors of the Galeton Fire Protection District have no objection to
making WCR 63 between WCR 74 & 76 an open road, if it is a legal right of way.
Sincerely,
ASP Sett, Mieber
Richard Foose Dale Hill
President
` p Vice President
Q� ,�
{`2:1�XaA� 4 �/'ll-c��uv�f
Marion Richter DeAn Dillard
Secretary Treasurer
•
Glen Hill
Board Member.
Roacd 18
a
13 MI
I
K•MSay U a
j: .,c. ,
` d co 'ii
Sect;on LVI 'L
••••• awn a sp ...so alit MOO Asp so San st as SI OPS dEMI=1 ammo
R
U G1
1Yloere 1.� }5`P_:n
!a cc x35 Roca
•
U Almn4-C' 5Pr �5
h�
-+- ta m ;lle
L
d
0 t
d J
o
L
a-
G
i�� 4 ..�,I�iUrng
F�
R oc L ly
N
s
RaCC,LVCCO 5/°21/4)i
1t05prn
District Court,Weld County,Colorado
901 Ninth Ave.,P.O.Box 2038
Greeley,CO 80632
(970)351-7300
Plaintiffs:ROCKY C. PETERSON and SUSAN M.PETERSON RECEIVED NAY 2 ? 7001
v.
Defendants:TRAVIS MILLER and ROBIN MILLER A Court Use Only •
Case No.01 CV 463
Kelsey J.Smith
Liggett,Smith&Williams,P.C.
425 West Mulberry,Suite 112
Fort Collins,CO 80521
Telephone(970)482-9770
Fax(970)482-0339
Attorney Reg.#1924 Division Courtroom
DEFENDANTS' ANSWER
COMES NOW the Defendants,by and through their attorneys, Liggett, Smith &
Williams, P.C., Kelsey J. Smith appearing, and for an Answer to the Plaintiffs'
Complaint, state and allege, as follows:
1. The Defendants are without sufficient information to form a belief as to
the truth or falsity of the allegations contained in paragraph number 1, and therefore deny
the same.
2. The Defendants are without sufficient information to form a belief as to
the truth or falsity of the allegations contained in paragraph number 2, and therefore deny
the same.
3. The Defendants admit the allegations contained in paragraph 3.
4. The Defendants are without sufficient information to form a belief as to
the truth or falsity of the allegations contained in paragraph number 4, and therefore deny
the same.
5. For an answer to paragraph 5,the Defendants admit they have erected
speed bumps across the subject road in an effort to discourage vehicles from traveling at
excessive speeds, and to promote the safety of all persons using the road. The
Defendants deny the remaining allegations contained in this paragraph.
6. The Defendants deny the allegations contained in paragraph 6.
4 EXHIBIT
i
7. The Defendants deny each and every other allegation in the Plaintiffs'
Complaint not otherwise expressly admitted to herein.
FIRST DEFENSE
8. The Plaintiffs' Complaint fails to state a claim upon which relief can be
granted.
SECOND DEFENSE
9. The Defendants took title to their property pursuant to a Warranty Deed
dated November 20, 1997 and recorded November 24, 1997 at Reception No. 2580804 of
the Weld County real property records. A copy of the Defendants' Warranty Deed is
attached hereto as Exhibit "A"and incorporated herein, by reference. The Plaintiffs took
title to their property pursuant to a Warranty Deed dated March 23, 2000. A copy of the
Plaintiffs' Warranty Deed is attached hereto as Exhibit"B"and incorporated herein,by
reference. The Plaintiffs' instrument in which they allege an easement across the
Defendants' property was not conveyed until March, 1998 and was not recorded until
May 25, 1998 at Reception No. 2615175 of the Weld County real property records. A
copy of the above-referenced document is attached hereto as Exhibit"C"and
incorporated herein, by reference(the"Plaintiffs' Alleged Easement Road"). Pursuant to
the above documents,both the alleged easement the Plaintiffs claim under and the deed
to their property were subsequent in time to the date the Plaintiffs took title to their
[property. As such, the Plaintiffs have no legal claims for their alleged easement across
the Defendants' property.
THIRD DEFENSE
10. The Grantors of the Plaintiffs' Alleged Easement Road,Mark S. and
Karen E. Flores ("Flores")previously recorded an access and utility easement dated May
23, 1997 and recorded on May 30, 1997 at Reception No. 2550594 of the Weld County
real property records (the"Flores' Alleged Easement"). A copy of the above easement is
attached hereto as Exhibit"D" and incorporated herein,by reference. Assuming
arguendo,that the Flores' Alleged Easement is valid, in any event, it was valid only as to
the owners of the property described therein. Neither the Plaintiffs,nor their predecessor
owners owned property in the Flores' Alleged Easement. Assuming again arguendo that
the Flores' Alleged Easement was valid at the time it was recorded (May 30, 1997), in
any event, it was valid only for owners other than the Plaintiffs. At the time the
Plaintiffs' Alleged Easement Road document was recorded(May 25, 1998),Flores no
longer held title to the Defendants' property, and had no legal right to attempt to create an
easement across the Defendants' property.
FOURTH DEFENSE
11. The Plaintiffs' property adjoins and is contiguous with an access road,
namely County Road 63, that runs in a north-south direction adjacent to the Plaintiffs'
property. County Road 63 intersects to the north with County Road 78, and provides
direct access to the Plaintiffs' property. There is no necessity for the Plaintiffs to cross
over the Defendants' property.
FIFTH DEFENSE
12. The Plaintiffs' property is not landlocked and has direct contiguous access
to existing roads without the need or necessity of traversing the Defendants' property.
SIXTH DEFENSE
13. The Plaintiffs' Alleged Easement Road, which crosses over the
Defendants' property, contains two 90-degree turns and is not the best practical access to
the Plaintiffs' property. A copy of a map showing the Plaintiffs' Alleged Easement Road
is attached hereto as Exhibit"E" and incorporated herein,by reference.
SEVENTH DEFENSE
14. The Plaintiffs have failed, or refused to ever maintain, or pay for the
expense of maintaining the Plaintiffs' Alleged Easement Road across the Defendants'
property. Rather, the Defendants have borne the expense of maintaining the said road,
with no contribution from the Plaintiffs.
EIGHTH DEFENSE
15. The Defendants' residence dwelling is located in close proximity to the
Plaintiffs' Alleged Easement Road, and travel over the Plaintiffs' Alleged Easement
Road interferes with the quiet enjoyment of the Defendants' use of their property.
NINTH DEFENSE
16. The Plaintiffs have wrongfully trespassed upon the Defendants' property
by crossing over the Plaintiffs' Alleged Easement Road.
TENTH DEFENSE
17. The Plaintiffs' claims are pre-empted and barred because they have full
and non-restricted access to their property across County Road 63 adjacent to the
Plaintiffs' property.
ELEVENTH DEFENSE
18. Assuming arguendo that the Plaintiffs may have an alleged easement over
the Defendants' property, it is necessary to permit the Defendants to maintain the speed
bumps (with reasonable access)to protect the quiet enjoyment of their property.
TWELFTH DEFENSE
•
19. Assuming arguendo that the Plaintiffs may have an alleged easement over
the Defendants' property, then any such easement should be specifically limited to
ingress and egress to the Plaintiffs' property and any court order entered herein should
clearly define the perimeters of any such easement.
THIRTEENTH DEFENSE
20. Assuming arguendo that the Plaintiffs may have an alleged easement over
the Defendants' property, the Plaintiffs should be liable for maintenance,repair and
upkeep of any such easement.
FOURTEENTH DEFENSE
21. The Plaintiffs' claims are barred by the doctrine of avoidable
consequences. That is,the Plaintiffs can use County Road 63 for access to their property.
FIFTEENTH DEFENSE
22. The Plaintiffs have failed to perform conditions precedent to making their
claims herein.
SIXTEENTH DEFENSE
23. The Plaintiffs' claims are groundless, frivolous and vexatious, entitling the
Defendants to recovery of attorneys' fees incurred in defending against such claims under
C.R.S. §13-17-101 gtseg.
SEVENTEENTH DEFENSE
24. The Defendants reserve the right to raise additional defenses as they
become known through discovery.
EIGHTEENTH DEFENSE
25. Based upon the above documented facts,the Plaintiffs have access to their
property over County Road 63, and there is no immediate necessity for either a
preliminary or mandatory injunction against the Defendants.
WHEREFORE, the Defendants request the Court to dismiss the Plaintiffs'
Complaint against them,with prejudice, including any claims for a permanent or
mandatory injunction; that the Defendants have their attorneys' fees and costs incurred
herein; and for such other and further relief as the Court may deem proper.
Signed this l?day of May, 2001.
LIGGETT, &WILLIAM
By:
Kelse J. Smith, A. . 1924
Attorneys for the Defendants
425 W. Mulberry St., Ste. 112
Fort Collins, CO 80521-2896
(970) 482-9770
CERTIFICATE OF SERVICE
I hereby certify that I have maile a true and correct copy of the above and
foregoing Defendants' Answer on this tday of May, 2001, by placing the same in the
United States mail, postage prepaid, and addressed to the following:
Attorney for the Plaintiffs:
George H. Ottenhoff
Lind, Lawrence& Ottenhoff,LLP
P.O. Box 326
1011 11`h Avenue
Greeley, CO 80632 \f M /J
iI
I
P
it••;' i.
k., .4
ti , r:�
� r
r,
. . y
u ,
d
{1 ry / R f.
tr'
':_
Xt V , j i!X C!t 1 T H
[r,.
is '
z.q 6,-f. r c ,,t•'.•4!•
t • �� f, '
i !
'f
X¢
i. � wc'• Lf x I ,
i
ci3 l
r
W
...4
�t i � "
1 . s v ` n MP. Till 4 M.
a
t.it
n
I,..
e o
m; e 4 ,.
nC
•t
•
•
•
•
i Ak q�
r
i
„ < ' '' a r+'3 igi1 t ��-tcp`.
4r _
` fit t �ty
i
ry
a c
111,4,.......____
i}
it.,li .1�e x �,' I"4 ,
—,poitz'ia zt1 .'9 14i: Yp F .t.'''
ti
te - a'::ni:•
: 6r r, �.-
{r ! h F d
3 �s
IY SkiL f +'•ly .
e.
• \.
k-
•
J INS t �q$
e !f• ic .� Sli
I.
3 YY ,4:if Al
_� 91 _
V
`• six a;
u a��
P{ ^kl
�V jp
•
e airI
'.. q
•
My
• .�i rP
Illk
k 4r
� fe eunf:.... a.
n Q x.111♦ .,r�.sM^Y i .....
•
y'
,
. Pee lift*
e _ ---
'''`
, rte,
I [ . (
k
i .
I'
I'
I • •
•
40
,
•
I e
1r-
rot
t __ �.
Memorandum
To: Weld County Board of Commissioners
From: Property owners living on or near WCR 63
Date: 05/22/01
Re: Road permit filed by Rocky&Susan Peterson
With respect to the Board of Commissioners, we understand and apologize for the position that you
have been put in to resolve this dispute. As a community, we would prefer working with everyone on
the road issues, but have not been able to come to a mutual agreement.
With the resistance of 10 property owners; 20 signatures,we ask that you take into consideration our
letter to you dated April 12th, 2001 and deny the permit filed by Rocky& Susan Peterson.
After listening to our concerns &reviewing your options, if you choose to grant the permit, we ask
that the Board considers,but is not limited to,the following requirements:
• That the adjoining landowners have the option to fund this project and an appointed mediator
determines who those landowners are
• That the landowners involved has a signed not-to-exceed contract(s) for labor and materials and
the funds are in an escrow account before license is granted to avoid the project getting started
and not able to finish it because of lack of funds
• The county easement is surveyed by a Professional Land Surveyor
• The fence along the west side from WCR 74—WCR 76 is moved and re-built to county specs
with the required width,30' from center point and 3 cattle guards installed on the Williams&
Armknechts north& south property lines --- or--- if requested by landowners,a county
approved fence installed on both the east&west sides of the road from WCR 74—WCR 78 for
protection of our animals
• Bar-pits and sufficient culverts are installed for proper drainage
• The road is adequately graveled—to be determined by the Board.
• Landowners property is undisturbed in the areas where there is no county easement
In closing,if this permit is granted—we thank you for consideration of these requests and any other
that you feel are sufficient to be effective immediately.
= EXHIBIT
P. 1
CAROL Hardinr )Application from Rocky and Susan Peterson on County 63 Case Fib"),,_ Pale 1
From: <trabfam4@aol.com>
To: <charding@co.weld.co.us>
Date: 5/20/01 5:17PM
Subject: Application from Rocky and Susan Peterson on County 63-Case File
This is a formal request that this E-mail correspondence sent to the Board of
County Commissioners of Weld County, Colorado, become a permanent part of the
case file and be read into the minutes at the public hearing regarding the
application of Rocky and Susan Peterson for Weld County Road 63 on May 23,
2001.
We feel it necessary to inform the Board of County Commissioners that the
section of private easement road that exists on our property, located 1/4
mile east of County Road 63 and runs parallel of County Road 63 for the first
1/2 mile is currently under legal review.
Discontent with our speed restriction bumps, land destruction and vandalism
have forced us to investigate our options. During this search questionable
documents have arisen and it is now being researched legally by our lawyer
and a title company with all intentions of closing our section of the current
easement. Legally, it is not clear whether Mr. Rocky and Ms. Susan Peterson
have a valid easement across our property. This dispute is presently being
litigated with the Weld District Court. The Peterson's do have access to
their property over County Road 63 from County Road 78. Closing the easement
will not land lock any of our neighbors because they also have access to
their residences over County Road 63 from County Road 78.
I was unable to attend this meeting, but in all fairness the Board may need
this information to make an informed decision.
If you have any questions, or require further clarification you may contact
me or my lawyer.
Sincerely,
Travis Miller
31257 Weld County Road 74
Galeton, CO 80622 3 IXHIBIT
970.454.0304 Home ("7
303.540.4428 Pager
• CAROL Hardin ire: Upgrade & Maintenance of Portion of WCR 63 Page 1
From: "Gail Jackson" <gdjacksl @gwest.net>
To: <charding@co.weld.co.us>, <charding@co.weld.co.us>
Date: 5/21/01 1:14AM
Subject: re: Upgrade & Maintenance of Portion of WCR 63
To whom it may concern:
This is in response to the Notice of the Board of County Commissioners
dated may 23, 2001 pertaining to applicant Rocky and Susan Peterson's
request for nonexclusive license agreement for the upgrade and
maintenance of a portion of WCR 63 and authorize chair to sign.
Having purchased our property on WCR 63 2 1/2 years ago with the
knowledge that this road was not a public county road, I feel very
adamant about having the road remain somewhat of a restricted usage. I
never bought the property to change the rural setting or feel the need
to change it. When people move to a setting such as this, the first
thing they want to do is change what makes it a desirable place to be.
At this time people in this area feel that they can use the road for
horseback riding and four wheelers and such, without being threatened by
fast moving cars and motorcycles and any other means of transportation
that comes with an improved thru road.
The legal description states the request for public right of way extends
between Sections 31 and 32. However, the road along Section 29 and 30
is not a designated county right of way. So the new road would end at
the corner of Section 31, 32, 29 and 30. It seems that the expense of
improving the road for two households at this time is inappropriate.
The cost of opening the above section of road has not been discussed or
addressed to my knowledge. Without this information, the issue should
not even be approached.
Noting the heavy rains of the last few weeks and the lack of proper
maintenance on WCR 74 and 78, the added necessary maintenance that would
be needed on WCR 63 would be better spent on the upgrade and maintenance
of WCR 74 and 78 to the good of ALL the people in the area, not just a
few.
I would appreciate my opinion being duly noted in the case file of which
there is no number noted. 1 ii
CAROL Hardin e. Upgrade& Maintenance of Porton of WCR 63 Page 2'
Sincerely,
Jerry M. Jackson
1300 27th St., Greeley, CO 80631
970-353-2539
Weld County Road 63 - Access Issues
A
N I
Weld County Road 78
Grigsby Feuerstein Ramirez
v
•
s
Moran > r r Till Grimaldo
M
.o
2-9 _
Wilson 30 "Il:L
Kimsey a r Groves Erickson
4- a
a ~
Trevarton/ . r
Witham d j Jackson Recio
3ti
eter on A ,
3-i-1-ct9 ra Klein , Lovelace
RE 2241 - C }
Zahourek rahourek r • r L
Cin
onservatory E• Conservatory c RE ? 81 wright B
Moor f. et:
r q2,,,,..,c„,c, A-0
�° �' RE1827 ac
ais
B
Turman
4 Heinz c c q-3o-`}s t
u rMiller* a
° ° c '" REE2756 v
--0 t a< Y Koch McGee
d d E A B d
3 Weld County Road 74 3 01-rs'�°°° 3
nosdreduet�h.ban d... r Approx.shp
developed del.far MNM ore coed.by Weld Carty.The 515 delve wed
data le the product Co rabble to master clews me the omcecy ay cmedeNnn erne be ad is Existl esmt.sh
et earned. Thedeeyeer of lots r dames greed um le the date bee dume et implyVVV �9 P
that tin ION r Pasa1.mere legally coveted or the the laden candy with applicable State •• • Wer 63 r-o-w.sh or LocalNO CIRCUMSTANCE ALL THE PRODUCT BE USED FOR FINAL Wir OP
DESIGNIPIMOSES.E WELD COUNTY MAZES NO WARRANTIES OR GUARANTEES. I CI" N 1945 vacated.shpp
EITHER EXPRESSED OA IMPLIED AS TO TIE COMPLETENESS,ACCURACY,OR
CORRECTNESS OF SUCH PRODUCT,NOR ACCEPTS ANY LIABILITY.ARISING FROM N Parcels.shp
ANY INCORRECT.INCOMPLETE OR MISLEADING INFORMATION CONTAINED TeXt Section
THEREIN. No Mt aE the meet OW be copied,reNaored or transmitted le as fora or by ny Extents
mass ehtw.rr, bet metewe*.,Meek., Meted to,ewe*.mechanical,P�opyW,recoS q.
n Road EA t eedy,r by ay Meanie retrieve seen r ley w-spmmd mere ets.Hie slingsslings written cane of Weld Comfy.
Hello