HomeMy WebLinkAbout880250.tiff RESOLUTION
RE: APPROVE FINDINGS AND ORDER CONCERNING DUST BLOWING COMPLAINT
- SIDWELL BROTHERS
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 of County Commissioners of Weld County,
Colorado, has been informed, in accordance with Section
35-72-101 (1) , C.R.S. , that dust is blowing from property located
in the W}SE} of Section 33 , Township 6 North, Range 64 West of the
6th P.M. , Weld County, Colorado, and
WHEREAS, the Board has caused an inspection of the above
described parcel of land, and
WHEREAS, pursuant to the information and the inspection
referred to above, a hearing before the Board was held on April 6 ,
1988 , at which time the Board made Findings of Fact pursuant to
Section 35-72-103 (1) , and
WHEREAS, upon said Findings of Fact, the Board did order that
the owners and operators of said property, Sidwell Brothers , treat
said property as described in the attached Findings and Order
within the time limits stated therein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Chairman of the
Board is authorized to sign said Findings and Order and that
Sidwell Brothers are ordered to perform the treatment upon the
above described parcel as stated in the attached Findings and
Order of the Board of County Commissioners of Weld County,
Colorado.
880250
Page 2
RE: FINDINGS AND ORDER - SIDWELL BROTHERS
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 6th day of
April, A.D. , 1988 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: T WE i COUNTY, COLORADO
Weld County lerk and Recorder Platit 614T
and Clerk to the Board Gene R. Brantner, Chairman
flt.1- c7�rJ:-c - (dl i C.W. Kifby, P -Tem
D ut County erk
SPY c \ \°
APPROVED AS O FORM: J cq lin ohnson
EXCUSED
Gor on 4 Lacy 4,i
County Attorney
Frank amaguchi
880250
FINDINGS AND ORDER OF THE
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, has been informed, in accordance with Section
35-72-103 (1) , C.R.S . , that dust is blowing from the following
described parcel of land: the W}SE} , Section 33 , Township 6
North, Range 64 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, said parcel is owned, occupied, and/or operated by
Sidwell Brothers , and
WHEREAS, the Board has caused an inspection of the
above-described parcel of land, and
WHEREAS, pursuant to the information and the inspection
referred to above , a hearing before the Board was held on April 6 ,
1988 . Sidwell Brothers were notified of said hearing by certified
mail on March 30 , 1988 . Dana Sughroue, the complainant was
present at the hearing. At said hearing, the Board made the
following findings, pursuant to Section 35-72-103 (1) :
1 . That soil is blowing from the land in sufficient
quantity to be injurious to private property including, but not
limited to, crops , grasslands, fences, fence rows, irrigation
canals, ditches , or livestock on adjacent or other land, or to
roads, borrow ditches, fences or other public property.
2. That an emergency exists.
3 . - That the operation appears to have been in existence for
less than one year and the operation is negligent.
4 . That such blowing can be prevented or materially
lessened by treatment of the soil.
5 . That property damage appears to be resulting from soil
blowing.
IT IS HEREBY ORDERED by the Board of County Commissioners of
Weld County, Colorado, pursuant to Section 35-72-103 (1) , C.R.S . ,
that Sidwell Brothers follow the recommended treatment plan as
follows: 1) Seed bed; 2) If not planning on seeding, then
chiseling. The above stated treatment must be completed by April
9 , 1988 .
880250
DATED THIS 6th day of April, 1988 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: T)1 Yall WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board CIe
BY: 1.1,91/107, gWellit:IL)
CB Y: eyV�P f�� eJ Gene R: Brantner, Chairman
De uty County Cl rk
880250
• �t
*el;
OFFICE OF COUNTY ATTORNEY
PHONE(303)356-4000 EXT 4391
P.O BOX P.O. BOX 1948
GREELEY,COLORADO 80632
WilDe
COLORADO
April 7 , 1988
Sidwell Brothers
28491 Weld County Road 64} •
Gill , CO 80624
RE: Findings and Order Concerning Property Located in West Half
Southeast Quarter, Section 33 , Township 6 North, Range 64
West of the 6th P.M. , Weld County, Colorado
Dear Sirs:
Enclosed herein please find a Findings and Order of the Board of
County Commissioners of Weld County, Colorado, for remedial
measures to be taken on property located in the West Half of the
Southeast Quarter of Section 33 , Township 6 North, Range 64 West
of the 6th P.M. , Weld County, Colorado. As you can see, pursuant
to Section 35-72-103 , C.R.S. , the Board of County Commissioners
has ordered you to either seed bed or chisel the parcel by
Saturday, April 9 , 1988 .
At the hearing on Wednesday, April 6 , 1988 , the Bcard of County
Commissioners also was informed that property located in the East
Half of the East Half of the West Half of the Northeast Quarter of
33-6-64 has also been blowing. Mr. Ron Miller, District
Conservationist, SCS Greeley Field Office, has recommended that
you also chisel this parcel. Although the parcel is not mentioned
in the Findings and Order of the Board of County Commissioners,
the Board respectfully requests that you perform such measures on
the parcel as soon as possible. Please be informed that the Board
of County Commissioners will consider the matter of the dust
blowing from the East Half of the East Half of the West Half of
the Northeast Quarter of 33-6-64 at its regularly scheduled
880250
Sidwell Brothers
Page 2
April 7 , 1988
meeting at 9 :00 a.m. on Wednesday, April 13 , 1988 . The meeting
will be in the First Floor Meeting Room, Weld County Centennial
Center Complex, 915 Tenth Street, Greeley, Colorado.
If you should have any questions concerning this letter or
concerning the Findings and Order of the Board of County
Commissioners, please call me at 346-4000 , extension 4391 .
Very truly yours ,
Bruce T. Barker
Assistant County Attorney
BTB: ss
Enc.
xc: Justin Sidwell
25615 Weld County Road 62}
Greeley, CO 80631
Ron Miller
District Conservationist
SCS Greeley Field Office
4302 West Ninth Street Road
Greeley, CO 80634
Dana Sughroue
26899 Weld County Road 62i
Greeley, CO 80631
880250
26899 Weld County Road 624
Greeley, CO 80631
April 6, 1988
/1151
Mr. Gene Brantner, Chairman A 'APR 1 1 1988 .:;_j
Weld County Board of County Commissioners t ' 'Mm
P. 0. Box 758 --
Greeley, CO 80632
Dear Mr. Brantner:
Following the hearing at your Board Meeting, toddy, April 6, 1988, Mr.
Barker suggested we send another letter to the Board concerning the
wrong land description given in our first letter concerning the dust problem.
The correct description is: W2 of SE+, S33, T6N, 64W which is owned by the
Sidwell Brothers.
Thank you for taking time in your meeting to consider our problem with the
dust blowing.
Sincerely
09-0/146t-
Dana E. Sughroue
26899 Weld County Road 624
Greeley, CO 80631
88025O
26899 Weld County Road 62i-
Greeley, CO 80631
March 25, 1988
e cr3,:-r Nz .
ChairmanMAR 2 8 l9� 1:f
Weld County Board of Commissioners 4i
P. 0. Box 758
Greeley, CO 80632 GREELcy.
Dear Sir:
I am writing concerning blowing sand from a neighboring farm. The owners,
have done nothing to try to stop the blowing.
The land was recently purchased by the Sidwell Brothers of Gill, Colorado
from Webster Land Company. Legal description is: E1 of SW*, Sec 33-
E
I will appreciate the county's help in getting this problem solved in the
near future.
Sincerely,
Da'
Dana E. Sughroue
26899 Weld County Road 621
Greeley, CO 80632
Telephnne: 353-4708
880250
(� OFFICE OF COUNTY ATTORNEY
PHONE(303)3564000 EXT. 4391
\ P.O. BOX 1948
GREELEY, COLORADO 80632
COLORADO
March 30 , 1988
Ron Miller
District Conservationist
SCS Greeley Field Office
4302 West Ninth Street Road
Greeley, CO 80634
RE: Dust Blowing Complaint for Property Located in W}SE$ , Section
33 , Township 6 North, Range 64 West of the 6th P.N.. , Weld
County, Colorado.
Dear Ron:
The Board of County Commissioners of Weld County has received a
dust blowing complaint for property located in W}SE$ of Section
33 , Township 6 North, Range 64 West of the 6th P.M. , Weld County,
Colorado.
It is my understanding that you or someone from your office will
inspect the property and report back to the Board. Your report
will include what the inspection revealed and will recommend
remedial action to be performed by the owner and/cr occupier.
Please note that the hearing concerning the dust blowing complaint
before the County Commissioners has been set for Wednesday, April
6 , 1988 . Therefore , I would like to receive this report as soon
as possible so that I may confirm the complaint and have the
information ready for the Board' s hearing.
If you should have any questions or comments concerning this
letter, please feel free to call me at 356-4000 , extension 4391 .
Very truly yours, / `
•
ze-4,
Bruce T. Barker
Assistant County Attorney
BTB: ss
880250
mEmORAnDUm
VIIk Board of
To County Commissioners Date March 30 , 1988
COLORADO From Bruce T. Barker, Assistant County Attorney
Dust Blowing Complaint Filed by Dana Sughroue
Concerning Property Located in WISEI of
sub*:
33-6-64
The Board of County Commissioners received a letter from Mr. Dana
Sughroue on March 28 , 1988 , concerning dust blowing from a parcel
of land which he described as "E} of SW* , Sec. 33-6-64 W. " I
checked the Deed on the property which he had described as being
transferred from Webster Land and Cattle Company to the Sidwell
Brothers. A copy of the Warranty Deed is attached hereto. As you
can see, Mr. Sughroue was incorrect in his legal description. The
correct legal description is "W} of the SE} of 33-6-64 . " I called
Mr. Sughroue and confirmed this correct legal description with
him. He agreed that the legal description in his letter was
incorrect.
�.. ( --
Bruce T. Barker
Assistant County Attorney
BTB:ss
880250
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reservations,
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tic (4, r V S:4,J� � .•�� WEBSTEt LAN) AID CATTLE OU•SANY C4 ` .
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* ', 4 ., ,,`8.L/,F I► STATE as, c
•cats,° i r_.,, , County of Weld w
x988
. TM Ragan instrument was eckowkdged before ma tits day of march :
t . by William H. W,4bttn ' as
Secetay } ::.
as President
and Timothy W..,pII '-'" an a Colorado Corp. acorpersUon.
r 'tWebster a a Company,
of
At ii,,-"e:-...,r-'` My wmmissios apim k ,:
Witness my herd ad emu`•
• 1 arJn tau l 1113 10th Avenue
NOM Nog
ii.TA•{' y. Ql i to t Greeley, CO. 80631 I 1-
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',' ?,'„:,:„."..;:t1,j ` \ Colleting''*-- the Sand in the State of Wlorado, Counh' of Wald �,i do ' �- ° '`• , rr4,' , {x(( \.t ,$f,..
Y ? `t ,t..Described ass i • `,'-r ";l ,^ t i . .,, �&.(" q i k'
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Y tatil, w1/4 of
the
et5EI of,Section 33, TownshiPj6 North, ,Range 64 ' ,,4+ S 6-:•••••' ;s'
t 9
.EXCEPT that. portion conveyed,to Donald L ^Leyhnd Connie Ley *� ' ,,₹ .t .x,
;'` in Deed recorded October 30, 1987 in Book 1175 as Reception No
F All '''2119585; described as' follows: y
1- That portion of the Wi5 of the SEk of Section-:33,`Township 6 North, 4•
' Range 64 West of the 6th P.M., more particularly described as . } 4;
u74 s;. 0 follows: �z+h ,
x I �,, Considering the East-West centerline::of said(Section to bear •; fi,, f �'
` 3 East with all bearings contained herein relative thereto. 4 • , .r.*tlt �, > G ,•BEGINNING at the Eit corner of. said sectioni't r' r i" ' `
t ` •_'thence along the East-West.centerline'.ofy�wsaid Section West 1793 33z
: y
:�r •' feet to the TRUE'POINT;OP BEGINNING; ;, �',t+ 'nti{J0r' ., `, "f a
' t, "a thence continuing`West 195.53 feet; s ▪ + ,rrw r tl T
j v t a thence South 00°09'24" East 302.15 .feet ,::, , ,, `t
s thence East 188.91 feet; w ,
' thence North O1°05'59" East 302 21 feet more o'er less t the r�+ i )` z
�` � /� ' TRUE POINT OP BEGINNING I " + �`
Also known.as Lot A of Recorded Exemption No.�0801 33-4 RE1049
r t y,1 • as per the'Map recorded September 30, 1987 in Book+'1171 as ReceptiofY! �>i { '
iR %: . -No. 2116069. Also Y \ ai , ;sip,{3 !!' n
of NEy of Section: 33.+Township 6 North; Range 64 West . 'µ
h . The ElaSIIWIS'': I',, s !, �,,4,_, '- srn°_1-7t•{ t.t;" 4 , = ,•Ss,.�lt? ;'Y5.
r, ' • of 'the Eta'P o , + »4ny a 7r� .
�L' `�,..44,..,'
r EXCEPT that portion conveyed_ytotNoffsinger'Msnufacturing Co Inc ,
>l & a Colorado Corporation in ed recordedNJul.1,24, 987 yin Book 1164 •,� ,,'�` iy
-,. .4;•.1,7•.';'1,--4, Jas 'Reception No. 2108288, sceribtd ss foal y�0rp e(`NE3t of4Section ,}
a,y„, ,fi *A tract of -land'•located ,in fi-h
=.: 33, Township 6 North, Range 64 West 7of •the `▪6th�r.M ::and being more r.
, '>
particularly described as .,follows 2eq, �" .ML r> Fa '- ,),I dt`is n : `'
r „", 4'� ,',,BEGINNING at the:Northwest",corner of said Section e3awi asiderier i t '�
;,the west �line.of':the^Nwh to bear South 00„38, 42, W , � .���
t:''''-' '' h ',bearings'contained hereinIbeingvrelative4"itheret0ir ,,,
` +thence south 00.38'42"�.West,`• 2656 54' feet*tot e+Wy,co>ter'of said 4,� a, •" " -:.section 33; , �`i,. '' .-L. 9t r , 3 4 ' d; tit �' '� ,.
„ - "thence South 89.48'43" East,43356 34 Meet along` the Southztline of '" -, ` .-
'n'r `the North ;half of said Section 033; , ' frog,6 6 *a ,� ,'. g r -,,W,.,4.
g ''tdi < thence North 00`11'17" East,,,200 00'.feeti .i�� „ �+ " y- $i.
�, thence South 89'48'43" East;,?7273 90 feetwto r int" n the Nls6ti ,. t� _
i a
�4. °r„•40.bank of.an"irrigation ditch;" §'S ,r"' P "� vie=(5) '3t
the ollow ng , t( tr w
• °�tletthence Northerly along said'J4e�st,,bankf by et. Y
t , ,Tu", r 3'NCOUrsesi' • n 9 5d'4' ,:i4 s E v ' , tr€
\ \Wr 3
3 `r, Y `�
''• lI i( North 00.15'19"+East, 722.65 feet; ;? ,' <„l£ P; ,i` eV: t: r `<N �• 9 ,
V • North 01.28'33 .West, 555.36 feet;/1.,-. a ' • ' x;
'' K t • ° "4':North 00.02'47":;West, '361.87 ,feet; I itw y)/� ' ▪ r j
C_ .('North"00 12'57".East,r771622ffeet?to a point�on'the:North line } `zT rr� r ,� ..:
L .!•a �gn t 3 s •'E K v ,.'� , 1., C a , ter,. • v. 41: ,y.,
of said Section 33s' n West 3613 08 feet+to the POINT OF' `
Sy . thence.North 89.54'33" , , s l s'«; ` e t ":?h .0,�'„i;„7.,„,3 r w. •„p..•.,./.4,$:v x
' BEGINNING z ,
• - s � yditch..ditdi rite r `'.
- '' ' + reservoir all water, water:rights, w▪elly Y { d to but art r Sa':''�t ' 3.
si- " , , reservoir.
thef rights the
T 3 limited to the followin9i • i ,. • a • ',' j`" ' ` �'
Eight aid One-k:alf .(8�) slare14 'a'Of The•New Cackle LS Puudse Irrigating Ca�anY • y At ty'
J ;:.;,,,'„6. r. ,I} Six (6) shares of the Cadre In.Padre•Reserrir Oompany , • v* : „
. Eight aid Cna-;elf (8�) sfiaree.of•7h• i Side Lateral .r"t a: t
� � 5 N fYt: ,!.
1: Ona (1]', tefsrrsd:RiBbr shares
-Foesil �4ak_Rea ,::17, �, ,„ I
a :1:---u t in the BateB Seepage Ditch t',c is t r r ,_ +
Ons-;ialf (b1. lntarest
•' R , ' ,' One (1) North Wa]dhr Water Oonservany District water tap ,t '•
F
880250 "
�_ Alf 4`-
D -
"P r OFFICE OF WELD COUNTY CLERK AND RECORDER
L
422'
PHONE: (303) 356-4000 EXT4411
P.O.C BOX 758 xxooscomva OR BOX COLORADO 80631
March 30 , 1988
COLORADO
Sidwell Brothers
28491 Weld County Road 64}
Gill, CO 80624
RE: Dust Blowing Complaint for Property Located W}SE* of Section
33 , Township 6 North, Range 64 West of the 6th P.M. , Weld
County, Colorado
Dear Sirs:
The Board of County Commissioners of Weld County, Colorado, has
been informed that dust is blowing from a parcel of land owned by
you, as hereinabove described. According to the information
received, the soil is moving from said parcel and is causing
damage to surrounding properties. Pursuant to Section
35-72-102 (b) , C.R.S. , it is the duty of the owner or occupier of
any land in the State of Colorado to prevent soil blowing from
such land.
The Board will hear the matter at its regularly scheduled meeting
on Wednesday, April 6 , 1988 , at 9 :00 a.m. The meeting will take
place in the First Floor Meeting Room, Weld County Centennial
Center Complex, 915 Tenth Street, Greeley, Colorado. You may be
present at the meeting in order to give testimony relative to the
dust blowing problem.
The Board requested an inspection of the above-described property.
The inspector will be present at the meeting in order to inform
the Board what his inspection revealed and recommend treatment of
the property. Pursuant to Section 35-72-103 (1) , C.R.S . , the Board
of County Commissioners may order certain treatment of the parcel
so as to reduce or abate the dust blowing therefrom.
If you have any questions concerning this matter, please contact
the Weld County Attorney's Office, 356-4000 , ext. 4391 .
Very truly yours ,
Mary Ann Feuerstein
Weld County Clerk and Recorder
De¢uty County Cler
880250
. 1
ef.r�%r" " kr\ OFFICE OF WELD COUNTY CLERK AND RECORDER
•
Ext 4225
111 PHONE: (303) 356-4000 Mdotd<
. P.O. Box 758 P.O. BOX 459
CGREECE COLORADO 8X 459
O March 30 , 1988
COLORADO
Dana Sughroue
26899 Weld County Road 62}
Greeley, Colorado 80632
RE: RECEIPT OF LETTER CONCERNING DUST BLOWING COMPLAINT
Dear Mr. Sughroue:
The Board of County Commissioners has received your letter
concerning dust blowing from a parcel which is located in the
WISE} of Section 33 , Township 6 North, Range 64 West of the 6th
P.M. , Weld County, Colorado.
The Board will hear the matter of your complaint at its regularly
scheduled meeting on Wednesday, April 6 , 1988 , at 9 :00 a.m. The
meeting will be held in the First Floor Meeting Room, Weld County
Centennial Center, 915 Tenth Street, Greeley, Colorado. The
Sidwells have been advised of this meeting, and you also may
attend in order to offer any other comments concerning this
complaint. An inspector from the Soil Conservation Service
Greeley Field Office will be at this meeting to advise the Board
of his observations during the inspection.
If you have any questions , please contact the County Attorney's
Office at 356-4000 , ext. 4391 .
Very truly yours,
Mary Ann Feuerstein
Weld County Clerk and Recorder
and Clerk
to the Board
By: / /Cd/ 1
Deputy :Aunty ( rk
880250
UNITED STATES Soil 4302 W. 9th St . Rd .
DEPARTMENT OF Conservation Greeley , CO 80634
AGRICULTURE Service ( 303 ) 356-6506
April 7 , 1988
Bruce T. Barker
Assistant County Attorney
Weld Co .
P.O. Box 1948
Greeley , CO 80632
SUBJECT: Dust blowing complaint W1 /2 SE1 !4 33-6-64
Dear Bruce ,
On 4!5/88 , I visited the adjacent property cited in the complaint with
Dana Sughrue to view damage caused by wind
There is a considerable amount of soil blown material in the fence along
the eastern boundary and in Mr . Sughrue ' s west ditch in N1 !2 E1 /2 SE1 !4
33-6-64 . The Irrigation ditch is completely filled, and will require
extensive work to clean it out . There is 1 1 /2 feet of sandy wind blown
soil along the fence , and for 120 feet there is 1 1 /2 feet to 5 inches of
sandy soil blown into the western edge of Mr . Sughrue ' s field in S1 /2 E1 /2
SEl /4 33-6-64 . There is enough additional material that tillage of the
field for the next crop will be difficult and excessive to produce a
proper seedbed . Two and one-half feet to 3 feet of soil material is
accumulated along the southeast corner on the south boundary of the field
in Section 4-5-64 .
The property in question was tilled in strips in a north-south pattern .
Surface roughing may be adequate . However , as the soil dries , it will
probably break down into fine particles . Other treatment may be needed if
no further seedbed preparation is to be accomplished .
Other property north of WCR 62 1 /2 , owned by the owner of the cited
property has also blown and is still subject to blowing as no tillage
treatment has been performed . There has been wind blown material
deposited in irrigation field ditches and fields , as well as in the
county road barrow ditch along the north side WCR 62 1 /2 .
If you have any further questions please contact me at 356-6506 .
Sincerely ,
10: A-L
Ronald 0 . Miller
District Conservationist
RDM/gg
880250
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