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J. REID LIOII'TE\ ILS, P. C.
ATTORNEY AT ._Aol
CHERRY CREEH PLAZA L,SUITE 610
650 SOUTH CHERRY STREET
DENVER,COLORADO 80222 1303) 309.7002
November 4, 1932
Mr . Drew Schletinga
Engineering Department
Weld County
915 - 10th Street
Greeley, Colorado 80634
RE: Jo Ann Subdivision
Dear Mr . Schletinga:
Please be advised that I represent James F . and Pamela
Everett , the owners of Lot 5 , JO ANN SUBDIVISION , Weld County ,
Colorado. This subdivision is located in the Southeast 1/4, Section
26 , Township 1 North, Range 66 West. The subdivision as platted
reflects that there is a dedicated county road located along its
eastern border , providing access to platted Lots 7 - 12. My clients
have informed me that this rood is not improved at this point in
time .
The owners of Lot 3 are asaertin3 the right to access across my
clients' property, "by necessity" . In order to determine the legal
status of the matter , it is necessary that I determine the status of
that dedicated road.
Please advise the as to who is responsible for the construction
of the dedicated road , and whether or not any time requirements are
imposed . I am familiar with "Subdivision Improvement Agreements"
utilized in other counties. Was such an agreement entered into
between the county and the developer at the time of platting this
subdivision? Are there any plans by the county to construct the
road in the foreseeable future? Do the owners of Lots 7 - 12 bear
any responsibility for the costs of the improvements.
Also, please forward to me a copy of the recorded plat, and
copies of any agreements or covenants relating to construction of
the improvements. Enclosed you will find my check valid in the
amount up to $10.00 for costs of same .
VerLY t ;iyyouuz,/
J. YE/ID LICHTENF
Enclosure
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cc: James and Pamela Everett
820906
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/ 'DI ',kTN.i :T OF ENGINEERING
) , : \+/ PHONE(303)356-4000 EXT.750
P.J. BOX 753
L-._---_. \__,,,_„;.- ..._.......; GREELEY, OOLORAGO 80632
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November 19, 1982 ) 0EC '-'3
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Mr. J. Reid Lichtenfels
Attorney At Law
Cherry (reek Plaza II, Suite 810
•
650 South Cherry Street
Denver, CO 80222
Dear Pr. Lichtenfels:
This is in response to your, letter -are ` `rea:cer 4. _952 inquiring on the status of
streets in Jo Pain Subdivisic le aatet in Sout..aasr Quarter of Section 26, Town-
ship 1 North, Range 66 West in '.., aid County.
Jo Pen Subdivision was acceptec by dear oun; an ;aly of 1969 . Ps a part of the plat-
ting. three rights-of-ways were accepted, one on -:.e Western border, one through the
middle, and one on the Eastern "ponder. orceent time, the North-South road in the
middle of the subdivision is the only road that as been. constructed. This road has be-
come known as Bailey Drive and has b :°:; accepted for maintenance by the County in
September of 1978.
Attached are copies of the Subdivision ',Flat, eti ation of Perpetual Rights-of-Way
Resolution, and the Resolution acceoting Bailey '__,ive. At the time this land was sub-
divided, there were no agreements executed between the developer and the County. Weld
County presently has no plans to construct the other roads. This situation of having
platted rights-of-way without the roads existing is not unconmon. It has been the Board
of Weld County Commissioners' policy in similar :aLLtters that the land owners or developer
must build the roads to Weld County's specification before they will be accepted for
maintenance. Please note in the Dedication Resolution, it is clearly stated that Weld
County will not undertake the maintenance of any streets until they have been constructed
by the subdivider.
In your letter you indicated a check for $10.00 was enclosed to cover the cost of provid-
ing supporting documents. There was no check enclosed with your letter. However, there
will be no charges for the information supplied.
Sincerely,
i /
Drew L. Scheltinga `
Director of Engineering .
DLS/dm
Encl.
cc: Chuck Cunliffe, Director of Planning, Weld County •
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