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HomeMy WebLinkAbout870566.tiff • 'S / 1 RESOLUTION RE: APPROVE LICENSE TO USE RIGHT-OF-WAY AND AUTHORIZE CHAIRMAN TO SIGN 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 License to Use Right-of-Way between Weld County and Mark Kauffman, Lee E . r Kauffman, Lyle V. Cooksey, Vernon L. Cooksey, William A. Sargent, IPliW Jr. , as personal representative of the estate of William A. 1-1 Sargent, Sr. , deceased, and Thomas S . Obdyke, as agent for Bertha K. Bixby, Beatrice Bixby Andrews , and Susan Bixby Mace , and X01, WHEREAS, said License involves right-of-way known as Weld ? County Road 71 , running between State Highway 52 and Weld County K n Road 14 , and Weld County Road 14 , running east one-half mile from Weld County Road 71 , and z o rn WHEREAS, said right-of-way is to be made into a waterway m solely for the purpose ofensuring that any surface water running cut through Sand Creek will be channelled away from properties owned z by the above-named persons, and O H v WHEREAS, the further terms and conditions are as stated in z o the License, a copy of which is attached hereto and incorporated n herein by reference, and t WHEREAS, after review, the Board deems it advisable to 7�C � rn approve said License. PI in m w NOW, THEREFORE, BE IT RESOLVED by the Board of County n Commissioners of Weld County, Colorado, that the License to Use O Right-of-Way between Weld County and the above named individuals be , and hereby is, approved. W BE IT FURTHER RESOLVED by the Board that the Chairman be, and o hereby is , authorized to sign said License. 0 o $.c$ O 00 RDOOI y dc: d - Eng- Ire, - 6 870566 ,l Page 2 RE: LICENSE TO USE. RIGHT-OF-WAY r The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of July, A.D. , 1987 . . BOARD OF COUNTY COMMISSIONERS ‘. '' ATTEST: .- 6LA4atietielpiniWELD COUN Y OLO O Weld County' C erk and Recorder ' and- Clerk' to.=the Board Gor ac , C irman rN < t r hi tz; BY: e C.W. Kirby, Pro -T Depu _Count lerk re o r I--, 1 , APPROVED AS TO FORM: Gene R. Bran ner m w P---52 j_____— EXCUSED DATE OF SIGNING - AYE 0 ? Jac li Johnso / k 0 i o County Attorney z m Frank Yamaguchi z o rn hi rn tnl w Gin LI cm a H ,t N z 0 N -4 xr rn RI 0 La M ut A O 6 pi SV0 pi N O O F. 00 O O• 0 870566 AR210669S LICENSE TO USE RIGHT-OF-WAY THIS LICENSE, made and entered into this 6th day of July , A.D. , 1987, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of the Weld County, Colorado, 915 Tenth Street, Greeley, Colorado 80631 , as First Party, and the following persons as Second Parties: NAME ADDRESS Mark Kauffman 8616 Weld County Road 63 Keenesburg, CO 80643 Lee E. Kauffman 33011 Weld County Road 14 Keenesburg, CO 80643 for Lyle V. Cooksey 41509 Colorado Highway 52 ICO 0al Roggen, CO 80652 u° °' t Vernon L. Cooksey 41419 Colorado Highway 52 w Roggen, CO 80652 '� o yN William A. Sargent, Jr. , 6847 Weld County Road 71 z o as personal representa- Keenesburg, CO 80643 O1 tive of the estate of C w William A. Sargent, Sr. , its deceased 1 1-3 Thomas S. Opdyke, Opdyke Agency, Inc. I H as agent for Bertha K. 1309 Tenth Avenue m o Bixby, Beatrice Bixby Greeley, CO 80631 n Andrews , and Susan m Bixby Mace x F, WITNESSETH: Wu' WHEREAS, Second Parties are the owners of the following n properties: NAME PARCEL W o o Thomas S. Opdyke , NE4, 2-1-63 m as agent for Bertha K. Bixby, Beatrice Bixby Andrews, and Susan o Bixby Mace I � o 0 IS loo Page 1 of 8 Pages 870566 \_ Lyle V. and Vernon L. W' , SE4, 2-1-63 Cooksey Mark and Lee Kauffman SWa, 36-2-63 WHEREAS , said parcels are located either on the east side of the Section Line between Section 1 and 2, Township 1 North, or on either side of the section line between Section 2 , Township 1 North, and Section 36, Township 2 North, all in Range 63 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as Weld County Road 71, running between State Highway 52 and Weld County Road 14, and Weld County Road 14 , running east one-half mile from Weld County Road 71, and WHEREAS, Second Parties now desire to make said right-of-way o into a waterway solely for the purpose of ensuring that any CO01 ow surface water running through Sand Creek will be channelled away from their properties. g NOW, THEREFORE, in consideration of the covenants contained Dram herein and the agreements of said Second Parties to be performed z hereunder and upon the conditions herein stated, First Party does z o rn grant to Second Parties, their successors and assigns , a license P4 a) to construct, maintain, alter, repair, operate, and remove a U, waterway over and across the right-of-way of Weld County Road 71, between Colorado State Highway 52 and Weld County Road 14 , which uio is also known as the Section Line between Sections 1 and 2 , m Township 1 North, Range 63 West of the 6th P.M. , Weld County, z o Colorado, and Weld County Road 14 between Weld County Road 71 and n 03 73 , also known as the Section Line between Section 1, Township 1 tM -4 North, Range 63 West, and Section 36, Township 2 North , Range 63 West. rn The conditions by which said Second Parties may construct, maintain, alter, repair, operate, and remove said waterway are as follows: 0 0 1. Second Parties must construct, maintain, alter, repair, operate and/or remove said waterway at their own expense and W without the aid or use of Weld County funds. ! A,o 0 r 2 . Second Parties must construct, maintain, alter, repair, O operate and/or remove said waterway in such a manner as to not o interfere with the movement of traffic upon either Weld County Road 14 or Weld County Road 71, from the intersection located at I- the northwest corner of Section 1, Township 1 North , Range 63 West 0 0 of the 6th P.M. , Weld County, Colorado. Page 2 of 8 Pages 870566 • • t_ U- 3 . Second Parties shall erect and maintain signs at the intersection of the waterway with Colorado State Highway 52 and the intersection of the waterway and Weld County Road 14. Said signs shall say, "Not a Road. " 4. First Party retains the right to revoke this license at any time for any reason. First Party shall give Second Parties written notice of its intent to revoke this license at least ninety (90) days prior to the date of revocation. Such notice shall be sent to Second Parties by Certified Mail to his addresses written above or served upon Second Parties in accordance with the Colorado Rules of Civil Procedure. Second Parties shall have the duty of informing First Party of Second Parties ' change in addresses from their addresses written above. Upon such r revocation, Second Parties must remove said waterway and leave the ta right-of-way in substantially the same condition as it was prior to the construction of the waterway. o r � Hr VD O1 5. Second Parties shall allow First Party the right to place any and all natural drainage water from Weld County Road 71 tTi and/or Weld County Road 14 into the waterway. O 6 . Second Parties agree to restrict the use of said ^' waterway to natural drainage only. Said waterway shall not be z used in any form or fashion for irrigation purposes or any „ rn purposes other than the transport of natural drainage waters. LI 7 . Second Parties shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any and \ all damage or loss sustained by them or any of them arising by H reason of the construction , maintenance, repair, operation , or z removal of said waterway. 0 ti 8 . Second Parties agree to protect First Party and save and hold it harmless from any and all third party claims and damages Isz, ", that said waterway and its operation, construction, maintenance, repair and/or removal may directly or indirectly cause; Second Parties hereby release First Party, its successors, assigns, no employees, and agents from any and all claims and damages of whatsoever character to said waterway arising out of either the m operation or maintenance of said waterway or from any other act W o either on the party of First Party or on the part of any third Z o party. th o 9 . Second Parties shall not assign any or all of their rights under this license without first obtaining written consent 0 W to the assignment from First Party. oo OO Page 3 of 8 Pages 870566 • '\_ _) 10. First Party does not in any way warrant or guarantee its ownership of the right-of-way which is the subject matter of this license. 11 . The Agreement between Gene Andrews, individually and as attorney in fact for Ivan L. Andrews, and Mark and Lee Kauffman, Lyle V. Cooksey, Vernon L. Cooksey, and William A. Sargent, Jr. , as personal representative of the estate of William A. Sargent, Sr. , deceased, dated October 31 , 1986, a copy of which is attached hereto, and is hereby incorporated as part of this License, but this License shall in no way alter or amend said Agreement. It is noted that the Andrewses own the following properties : Ivan L. Andrews, NW4, 1-1-63 by attorney in fact, Gene L. Andrews ,tba Gene L. Andrews and SW4, 1-1-63 Oi-' rr Phyllis J. Andrews VD ON N W tTi P n It is mutually understood and agreed that this license and i `4 o all the terms , conditions, and obligations herein stated shall N extend to and be binding upon each and all of the parties hereto, z o their successors and assigns . him ,i EXECUTED IN DUPLICATE the day and year first above written. i c FIRST PARTY: v3 ?, ATTEST '• `^', ^4 { liatiUtteini COUNTY OF WELD, STATE OF COLD- z� >f:' f g E L ‘ RADO, by and through the Board I P2 Weld Cou . 0 erk.;:,4n0 ecorder of County Commissioners of the ISo and Clete, o e' County of Weld, State of Colo- I x I-. t 'a. , I r 1 } rado °` epn;.VGIbkittLyt,a sk By: Goo. I w \O r i n-cc Go . Lac , airman o t9-u-. I Z 0o I t7 I n ' OJ. O 0 0 Page 4 of 8 Pages 870566 • SECOND PARTIES: Mirk Kauffman SUBSCRIBED AND SWORN to before me this ,29f4 __day of f•A„ �cth e , 1987, by Mark Kauffman. 3 � 7ESS my hand and official seal. � i -tAR Y .'.' ; ;c - c ��j ' PU 4\' •%re Notary Public �] W 41 t or- .ortydommission expires: Extr-r7 1/4O ON ww Lee E. Kauffman za z rn SUBSCRIBED AND SWORN to before me this aA day of .Y7/ -47 , 1987 , by Lee E. Kauffman. I U' ,,,,,;WITNESS my hand and official seal. en a ••'. f t `.: H Z et! Watiff-er5r--_ ' n �� Notary Public S,,..• U Li )5 My .commission •expires: ? �' 7 " zui tzi O 6 t4 i/• w • 0 r ' n o u, 0 n o O o Page 5 of 8 Pages 870566 • • . �PV + Lyl V. Coo sey A SUBSCRIBED AND SWORN to before me this c„.29/A_-day of j�iq p , 1987, by Lyle V. Cooksey. ,ou4 I,TNESS my hand and official seal. '' P ,• �.ti' , it .dF (ARY • '•r) "_3ai • P U b\- /1,4' Notary Public s4T ' ',My 6' O,commission expires: V / 'ai W F 4 oN ('drie-teee,--J 0 ' w Vernon L. Cooksey w FC ,'7 N SUBSCRIBED AND SWORN to before me thisL_lay of z ti .,14.e_ , 1987, by Vernon L. Cooksey. El an WITNESS my hand and official seal. acm •,,,Il[o��nha why] t1 , Ea , to OV1-4 ARY :U ; Notary Public z .=rNy;`bo*omission expires: -1`_ry n co ••• /n U `)t ' .• <O `i • e- 4. 0 r C `)\.. En N t4 n O 7a �'CC 7i Eo aio d o rn 0 Oo Page 6 of 8 Pages 870586 • L4r William A. Sargen , , as personal represents ive of the estate of William A. Sargent, Sr. , deceased SUBSCRIBED AND SWORN to before me this o29��_ day of tj/G/1 1987, by William A. Sargent, Jr. , as personal representative of the estate of William A. Sargent, Sr. , deceased. �ir1Q.,rz,,,,,,WITNESS my hand and official seal. w \pi0.RY '•• \O isI, . Notary Public o F, •J .•••My commission expires: r` r7 w C'1 . k Do N.) z � z rn Mrn O i h7 CO H N ' z 0 0 CO ✓ � tII x• 01 rn w W N td n 0 C tl]ir. hi [+J0 O n o -a 0 0o Page 7 of 8 Pages 870566 Thomas S. Opdyke, as agent for Bertha K. Bixby, Beatrice Bixby Andrews, and Susan Bixby Mace SUBSCRIBED AND SWORN to before me this day of , 1987, by Thomas S. Opdyke, as agent for Bertha K. Bixby, Beatrice Bixby Andrews, and Susan Bixby Mace. WITNESS my hand and official seal. Notary Public , to My commission expires: kom CA LO • n • 0 I N zo zo cn m Cu, to m• o H � t9 z0 n CO tzi r � x• m an tri hi n 0 6 pi t�7 o ry n o\ 0 nr OO Page 8 of 8 Pages C. TO: File Bruce Barker, Assistant County Attorney, said that Thomas Opdyke chose not enter into the Agreement and that is why it had not been signed. September 16, 1987 870566 • .• 0etoben 31, 1986 Mk._ Gene,Andnewa .. — • 23708 deYd -County' Road 8. Hudson, CO 80642 • Dean. Gene: • The gnoup o6 Latunen.a involved in construction o6 the. Sand Greek WateAway 4.egUea.t your cona.idetation o6 the_ LoLtowing pnopaaal, Lon completion o6 the waterway along the west and *north aides o6 you/E. pnoputy. The group is witting to pay yowl. ahane oL .the coat o6 conattnuetion, pnov.iding you approve the woe oL a na.vww a.tiu:p oL Land along the waterway needed Lou. LnataX.lati.on o6 the wateruuiy, as on.ig.inaZPy deaigned, and diacuaaed with you. The channel along Weld County Road 71, north o6 Hwy 52, has a 32 Loot bottom width and a 4 Loot depth with 4: 1 aide alopeo. In onden to construe₹ the watenuay .it would negwin.e 640m 3 beet to 16 beet 06 -land • along yowl aide 06 Weld County Road 71 . This vaniea due. .to the contowr 06 .the existing .Pend; in come aneaa no embankment iz neguiDred, in other areas an embankment with a 10 Loot top width La needed. The center o6 the waterway pupY hollow the centettine o6 the counties 60 Loot wide night oL way. ; • Along the non,th a.Ede" 06 yowl paopenty the bottom width oL the wateiuvay .iz 32 beet. The p'cesent embankment along the north aide 06 the waterway, and adjacent to Kau66man Bhothets propeaty, would be neahaped to 4: 1 aide alopea, to meet S.C.S. apeei.Llcation-o. Along yowl aide o6 the wateauuay a. 4 Loot • Iugh embankment with a 10 Loot .top toidth would be .inaxnl.led, as put. the original design. The area negu.ined, in addition to .the 60 Loot county night oL way, van.i.ea Dram nothing on the east end to about 18 Beet neat the canto:. and west end, neat Weld County Road 71. Aa pnevioualy atated in a letter mitten on Febn.uan.y 14, 1986 to Ma. Roger Houtchena, the coat oL a concrete em.oaaing Lon acceaa to the NW 1/4, aeeti.on 1, townahi:p 1 north, range 63 went, neat the .intersection oL Weld County Road 71 and 14, La excessive and 6edeta.l coat ahatea are not available Lon this kind oL •expense. The gnoup would agree to Install a /Lock. and gravel • -1- 870566 •• • Crossing s•uni.lat to the Crossing on Weed County Road 16 at Weld County Road 73. That encasing was approved by the County Engineer and ca.vz2ea the normal county /Load tna66.ic with no apparent problems. The cnoss.Lng would be construeted 14 bee₹ in width and excavated 'item 10 to 12 inches .adowc the-gow ttine;ro6 •the°vxtte>uvay,-whii.ch: would be 6:i;ted to -2A-tide-With suitable hock and gavel mate4 al, similar to that used on Weld County Road 16. The side slopes at the enossing witt be conatnucted so that a semi-truck would have easy access to the And/Lewis property. The gravel enoss.i.ngowLt be .in excess o6 100 beet in Length. A pipe would be placed under the crowing to canny .vur.igntion &lows to Kau66man Brothers existing holding nesenvo.ir. This wit eLuni,nate toiiwaten 6nom &locoing oven the gravel cussing. The group o6 6a'unens agree to do the requin.ed maintenance on the eatab- t shed vegetative coven. This may nequ,ine mowing once on twice a yeah to maintain a vegetative height o6 12 to 15 inches. The maximum width o6 the channel shalt neaten exceed the width when conatnucted. The undensigned agree to keep and maintain the drainage atructune along the west and nonth 4-ides o6 the Andrew's &arm in the same condition as when the wont: thereon was completed, and that the u4densigned bon them- setvea and 6on ate succes.an'a in .interest to .the hollowing deschibed neae property Located in the County o6 Weld and State o& Colorado to wit: • Mark and Lee Kau66man, Partnership - SW 1/4, Section 36, Township 2 Month, Range 63 West; Lyly V. Cooksey and Vernon L. Cooksey - E 1/2 SE 1/4, Sec- tion 2, Tow ship 1 Month, Range 63 West; and W.i-Ainm A Sargent - E 1/2 NE 1/4, Section 35, Township 2 Month, Range 63 West, each agree to main- tain at his sole expense the said drainage ditch and that the obligation o& this agreement shall bind the undene.igned and those who succeed them in ownership to the above desatibed pnopenty; .it being the .intention that this agreement i6 in the nature o6 a covenant running with the Land. An 18 inch pipe with headgate will be .instated thvcough berm, at tow point, .in 6.ield along north side o6 Andrews property. This wit allow any nuno66 water to be drained 6/tom their 6Leld, into the uateiuuay, and removed 6nom the anea. The present earth beam along the nonth side o6 Hwy 52 and extending east o6 Weld County Road 71 miff be extended to the east Lou. a distance o6 about 200 beet on untie it .ties into the existing lilt. The top elevation will be the same as the existing dike east o& Weld County Road 711 . We hope you and your patents will give thus plan yowl. utmost considenatLon and .i6 you hutve,aiy questions on comments, give 'one o6 us a ran. As we stated pneviousLy, we ate witting to pay the 25 percent o6 the constnuctiou costa, and yours obligation would be the use o6 a navcow strip 06 ground -2- 870566 • � ^ • • along moat o5 the watetuvay. i goading afwufd °cent, you, pa.• well ass. yowl. ne.ighbona, mutt. bene5.et &nom thi:a• pn.opoaed wate.'uuay. The gnat dna5t o4 tht6 agreement ahall be auhject to nevicw oQ Andnewa•' :;-- attorney. . S.Lncea.e.y, .t • /72 � - � _ f n a Lee auUman P nenahLp - 412 Coohaey Ven.non L. Coofaeyey 4 • W:r l'Yd om .sang eiv₹ • we. uy'iee .Cu .the-cmra.burctiuet--vt tl« Sine! Cued. Gjaraaed fdxStavaay x.ortg-tfitr wez.t and nontirside. ur�`re Mat- haat-a-5-aectimr-irtot - swath., /Lu,nyt. 63 ioea.L, ua dea.ignett-and Lv -ire--pnrAra-4 uxo a.o -set don-th le,tten.. The undersigned agrees to the construction of Sand Creek Grassed Waterway along the West and.North side of Sec. 1, .Township 1 Nort 4 Range 63 West of therfith P b as designed by the.AgriethletStabilieatAea-Aasli,\Sebbservation-Servicroi,Te.laruntyr ASC Caumittee, as ncdified by this letter agreement with the understanding that -. the maintenance and upkeep obligations are joint and several upon those signatory - to the above letter and that the maintenance and upkccp obligations will be . binding upon, the snrressors in interest to the lands_described in this letter, and . be continued as a covenant binding upon the land. �. <-� ='� S,i I, • #ttemd . tat: ;c . aizebatta Ivan L. Andrews By Attorney in Fact Gene L. Andrews • The undersigned have read the conditional acceptance by Ivan L. Andrews and Gene • L. Andrews and agree to the provisions thereof. ' Mark and Lee Kauffman, Partnerships 1 V • 4 .2V21, .:_'/: 4 /7 as P ` e V. Cooksey • :Personar $eptesepfative p e of:ttm Fst�te:of William BY /e.� G . Gtr , j !C o . A.: Sargent.: Sr. Deceased. Partner erns L. Cooksey ;6'.:"566 • � : •• State of Colorado • County of Weld • Acknowledged before me this 4th day of November by: Mark Kauffman for Mark and Lee Kauffman Partnership; Lyle V. Cooksey; Vernon L. Cooksey; William A. Sargent. lily Commission Expires: S-6"'b 7 ///-! X ra. iec-r_--(;' • Notary Public STATE OF COLORADO ) -COUNPY CF WE U) ) ss. The foregoing instrument was acknowledged before me this (XL._ day of Dom, 4.98E by Lyle V. .Cooksey and Van L, Cooksey, -•J!4K! F., /. 6 ... .... .. . .... ... ... ... NJy- oemmission expires.; '8' -c 7 ' ' .'. . :.'.• . ' ' ''. Notary Public STATE OF COLORADO L C CF WELD ) sCarTY s. The foregoing instrument was acknowledged before the this /._"-'A. day of Deceiver 198E by William A. Sargent, Jr., as Personal Representative of the Estate of William A. Sargent, Sr. , Deceased. my orrmission expires: F r- -r L/0//: ' l" 7 Notary Public STATE CF COLORADO ) ss. CCUN Y OF WELD ) • The foregoing instn,rnant was acknowledged before me this /. S/It day of I , l_n6 by Mark Kauffman and lee Kauffman, for themselves irriividua ly, and as partners in the partnership known as Mark and Lee Kauffman, Partnership. My commission expires: O Notary Public STATE CF COLORADO ) ss. COUNTY CF' WELD ) • Janaua967 The foregoing instrunent was acknowledged before ire this 13 day of fete 3 $6 by Gene L. Andrews for himself and as attorney in fact for Ivan L. Andrews. Ml' Dann ssion expires: 2 2`�', /41/ glaFORT LUPTON STATE BANK Notary Public 695 4th Street _ • Fort Lupton.Cota:aoa e9621 870566 • . DISTRICIT COURT, COUNTY OF PIFLD I S1XTE OF COLORADO Case No. 81—PR-260 , Division_I__ . • LETTERS • • IN THE MATTER OF(THE ESTATE OF) WILLI Ali,A. >,$AftGGMT;1 ;SA._ (Deceased.)libiltX.100S7C!(r41KXI(NRiGYJfvff[u��ti•YCIZIy OL•y. Iti4Y - WHERFjAS,on October 14, 1981 ldael William A. Sargent, Jr. was appointed or qualified aa• • Personal Representative II of the estate of the above named(decedent) Ctit,Kr•;tt tptLXia ❑of the above named(minor) (incapacitated person) • by this Court or its Registrar,with all authority pertaining thereto; ' NOW,THEREFORE,these Letters•• of" administration are issued as evidence of such appointment or qualification and authority. I I;• . I. 1 I • WI r October Pt T S�y signaturq an �he seal of Court on 14, 1981 it . t (Seal ofr rt)' r 'For dcarknt'i y3W;a•j9scr(Pgr blwl Heprcacnwtivcnscri `� '1 ' Fu propcnyl,Wttaycmt:nt,tubas Cunxrvatlu dTaoneni of thefollowing: a)Of For personal yuurdians)up,insert Guardian+md whether by b)Of Administration will,wrillcn instrument or court order c)Of Guardianship Fur Spccial Administrator, insert S ial A whether in formal or informal prrwxcdiuy�stramr and d)OfSpcdad dminip • c)Of Special Administration STATE OF COLORADO ) I COUNTY OF WELD ) SS• I,Mary M.Connell,Clerk of the District Court of said County,do heieby certify that the above is a full and true copy of the original letters now in my office properly remaining and that said letters arc at this daze and have been ever since the dice of issuance in full force and effect. Date of appointment is as above stated. , WITNESS my hand and the scat of said Court this (o day of Sept ember B3 , 19�_ • Mary M.Connell Clerk of tt a DistrictnCourt I ^ • by: \mot 04 S �e., t . ocrowrn ' 85tS66 OPDYKE FARM ANC CITY JOHN P. WATSON REAL ESTATE SALES BUSINESS COUNSELORS LICENSED BROKERS Opdyke Agency' Inc. LOANS - APPRAISALS (3031 352.5747 1309 10TH AVENUE ... . . •:. ::. ....:- ,. GREELEY. COLORADO 80631 • . , -. ........: ..... . .::y-.. February 19, 1987 Mr. Mark Kauffman 8616 W. C. Rd 63 Keensburg, CO 80643 Re: Sand Creek Grassed Waterway Dear Mark: The Opdyke Agency, Inc. as agent for the property located in the NE1 of Sec. 2, Township 1N Range 63 West of the 6th P. M: , Weld County, Colorado, is in agreement with the design and construction of the Sand Creek Grassed Waterway and have no objection to the use of the WCR #71 right-of-way for construction of the waterway adjacent to this property. Yours very truly, OPDYKE AGENCY, INC. 0,47K • Thomas S. Opdyke /c enc. • 0366 IL Hello