HomeMy WebLinkAbout860309.tiff RESOLUTION
RE: ACTION OF THE BOARD REGARDING REQUEST OF ROBERT AND BARNETTA
GREENWALT
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, Robert and Barnetta Greenwalt, owners of property
located at 13730 Elmore Road, submitted a request concerning an
easement adjacent to their property, and
WHEREAS, after review, the Board deems it advisable to refer
said request to the Engineering Department for recommendation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the request of Robert
and Barnetta Greenwalt concerning an easement adjacent to their
property at 13730 Elmore Road be, and hereby is, referred to the
Engineering Department for recommendation.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 26th day of
March, A.D., 1986.
BOARD OF
ATTEST:1't Q'� 'r'i WELD COUNTY,JN COMMISSIONERS
COLORADO
Weld County Clerk and Recorder n Chairman
and Clerk to the Board J cque
G £ ' em
Deputy County lerk
EXCUSED
APPROVED AS TO FORM: Gene R. Brantner,
C.W. y M120'l�i
County Attor C4)-20Z-
County
Frank Yamagu
o?r^• p e N•,,,r,,,, February 10, 1986
,. MAR 2 0 l9 - Robert&Barnetta Greenwalt
LLB,_ 13730 Elmore Road
% Longmont, Colorado 80501
Weld County Commissioners
915- 10th Street
Greeley,Colorado 80631
Dear Sirs:
In 1977,we purchased property at 13730 Elmore Road in Weld County. The
previous owners, Leikers,assured us at that time,that an easement separating
our property from our neighbor,Widger,to the south,would always remain open.
Actually, it is the only access I have to the back of ivy property.
Somehow Widger obtained this quit claim deed,and even though I complained
to Mr.Gil Olsen,of the Engineers Office, fenced the front,and proceeded to
make a feed lot out of it by moving about 30 head of cattle in. We did not
stay good neighbors after that,and Widger sold out about a year later.
Minister,the people that bought the property,never took care of the
easement either. They expected us to maintain our own fence to keep their
animals in the easement. Minister lost the place,and moved to Missouri two
years ago. The place has been empty for the last year.
This easement has caused my wife and_me a lot of anxiety and problems.
We would very much like to have that piece of land restored to its original
status of an easement.
Your consideration and action on this matter will be greatly appreciated.
9/10/86 Yours Truly,
This matter was referred to the
Engineering Dept. by Resolution
dated March 26, 1986. It has Robert Greenwalt
been determined that no action
be taken at this time. See _`
Quit Claim Deed dated February �i�
17, 1979. Barnetta Greenwalt
a/( DEPARTMENT OF ENGINEERING
PHONE 00
(303)356.4000
30)BOX 768
GREELEY.COLORADO 90632
t
•
COLORADO
May 20,1986
Robert and 8arnetta Greenwalt
13730 Elmore Road
Longmont, CO 80501
Dear Mr. and Mrs. Greenwalt:
This is in response to your letter of February 10, 1986, regarding
the status of the 60' x 330' "easement" in Seemore Heights
Subdivision,also known and platted as Eastland Road. Commissioner
Gordon Lacy has visited the site and had a telephone conversation
with you. I have reviewed our files with Commissioner Lacy in
detail.
It is true that the Widger's did acquire a Quit Claim Deed to
Eastland Road. However, that was contingent on the County
receiving a Quit Claim Deed for right-of-way from Widger at the
same time. This was handled in a confusing manner, but, the
intention is clear to allow Widger to use the parcel until such
time as Weld County had a reason to take it back.
Your request to have the parcel restored to an easement has been
granted by the Quit Claim Deed from Widger to Weld County recorded
February 23, 1979, Reception No. 1782716. You should have no
concern about Eastland Road being private property. I am
enclosing copies of the pertinent documents.
Since Lot 1,Block 1, is presently vacant and because you have
access to the back of your property through a gate and across
Eastland Road,Weld County will not take action on the existing
fence. We will refer the situation to the County Attorney to
clear up the confusion regarding the status of Eastland Road. •
Sincerely, C
Drew L. Scheltinga
County Engineer
xc: Commissioner Lacy
Tom David, County Attorney
.,'Clerk to the Board
Hello