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Home My WebLink About992309.tiff RECEIVED SEP 0 3 1999 WELD COUNTY ATTORNEY'S OFFICE rs WELD COUNTY PHONE: (970) 356-4000, EXT. 4391 PUBLIC WORKS DEPT b/ FAX: (970) 352-0242 915 TENTH STREET P.O. BOX 1948 111111DC, GREELEY, COLORADO 80632 (\�/ COLORADO September 2, 1999 Rich and Sharon Sewald 6010 W. 10`h Street Greeley, CO 80634 RE: Additional Road Right-of-Way on North Side of West 10th Street, West of 59th Avenue Dear Mr. and Mrs. Sewald: Enclosed are copies of the following: A. A letter which I wrote to Bob Grube, Colorado Department of Transportation, dated August 23, 1999, regarding the additional road right-of-way on the north side of West 10`h Street, west of 59th Avenue. B. A letter which I wrote to Mr. Grube, dated September 1, 1999, conveying a copy of your letter to him. I appreciate receiving your letter. I will await an answer from Mr. Grube and will then inform you of CDOT's decision regarding the right-of-way. If CDOT decides not to accept the transfer of the additional right-of-way, I will ask the Board of County Commissioners how it would like to proceed. As you can see in my September 1, 1999, letter to Mr. Grube, a vacation of the right- of-way would involve a minor resubdivision of the Western Hills Subdivision. The Board of County Commissioners does not have the ability to deed the right-of-way to private parties; rather, the only metaod to transfer ownership of the right-of-way is to vacate it according to our procedures set forth in the Subdivision Ordinance. 992309 C 91 di Rich and Sharon Sewald, Letter September 2, 1999 Page 2. If you should have any questions or comments regarding this letter or its enclosures, please feel free to call me at (970) 356-4000, extension 4390. Sincer duce T. Barker Weld County Attorney BTB/db:Let/ROW 10 pc: Dale Hall Frank Hempen 1 0 Gues\n Vckc a '1iJ 1\.2 -2r -I S 1 rl re O.rd -6 ±1A-z- it u3 _oc J w\-c -0,Air 00_0i- 3.- q , KY\-c cuo Lie-* (.° (\_d lA bzei1)3e2r1 \o �3r Ln� I .4-c`,�-0-�� R4 Lek' ,�-ex� � a d�Lc�-fed ��• _ 1 1� �.�v\� 'U;)ao �axC. �,tQ ,� YtaI � lie S�,• 1 kk Sk�. vc uir -4-c i\cam.&4C:1 V L Lii • I n W p o,e4 tee. kee. U� "2` . , CAA1 OO1- pi,iN.Zuz -.t (C U L8.1 ck v..d utcku: --WO aflto .,�a.c,, n*Atel-- A0 -LLD S Lpr , 0& Wo aukciAL. `aWOun4i lW S k we_ wti,tvic .1 c r �W k \off -iku Us. W. 3IA -ku 1w� -W ��,�i c_p L.d' pns,64) we_ w A.1 \at re_ pisyks Tee tr W }sac.-ero cwi Aka iff &Like_, rceikkw -t1,w-v• -U.& 6xlis<S . _ L i - d_ee - v� . W bola oleo eo - , W ZSJ (5F ill b2 ackdea NCI coo ux \A 2- p cars tie, KALE- 6-fyO c k-C-Leu U,a-�,. -�1..,L. i Lie_ L, SC�vW ,. �P Wes. dCOC*-ko,. e.�.OO d-Liz I © 0,2ir -Iv over Q <s ±,,�, w�id ,g_Lww YL_Ga— Ulh, LA-,!)L-Yv t&(-- o 2 t1/4.A-\Nsua ck .re H ti �Ci c Wes) ti C.,. t . m-iF h l (e c,Q o �,Qr�.i4l c,I GcLbk_t i . c&9\,C.:1 ttt Z4-V-S Sli-Ak, We_td. (� 9 sfianiSsu ti \ ThJY1 CX � W` 60,40Avenue c .r - mac. S l�a�W�� --uce 2)arKe ( •; ��L ld Qa3vc4--,CkAto,c MEMORANDUM TO: Clerk to the Board DATE: September 7, 1999 1 FROM: Frank B. Hempen, Jr. e' Director of Public Works/County Engineer SUBJECT: Additional ROW on North Side of W. 1 th/Street COLORADO The issue mentioned above is being handled by Bruce Barker, County Attorney. Please see the attached documentation. pc: Bruce Barker, County Attorney Dave Becker, Operations Director \wp Hies VdavebechAwest I Dili • • CORRESPONDENCE RESPONSE DEPARTMENT� OF LLGC_J"(Lct, (�/� `✓� �� `'w'b"C. Aitm * * * PLEASE RESPOND WITHIN THREE DAYS.* * * IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY "CTB GROUP" BY E-MAIL OF EXPECTED DATE FOR RESPONSE. RECOMMENDED ACTION Narrative: METHOD OF RESPONSE Board Action Work Session Letter (Attached) Telephone Call No Response (explain) (2.34A-i-v---- Department Head Signature M:\CA RO LIOPMIAN\RD C O M P2 211 C(19ij7d‘ 9//?/CJ WELD COUNTY ATTORNEY'S OFFICE 6kt,, a PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915 TENTH STREET P.O. BOX 1948 GREELEY, COLORADO 80632 C. COLORADO August 23, 1999 Bob Grube Colorado Department of Transportation 1420 Second Street Greeley, CO 80631 RE: Additional Road Right-of-Way on North Side of West 10th Street, West of 59th Avenue Dear Mr. Grube: Enclosed are copies of the following: A. A letter from Mr. Steve Bradley, dated June 21, 1999, concerning placement and operation of a fire works tent within right-of-way on the north edge of West l0'" Street. B. A letter from William George, dated June 18, 1999, and two maps which detail the area described in Mr. Bradley's letter. C. A letter dated June 29, 1999, from Dale Hall, Chair, Board of County Commissioners of Weld County, Colorado, to Mr. Bradley. In the letter, Mr. Hall, on behalf of the Board of County Commissioners, consents to the placement and operation of the fire works tent to and until July 5, 1999. Prior to receiving the letter from Mr. Bradley, Weld County was unaware of the additional right-of-way located on the north side of West 10th Street as shown on the enclosed maps. Weld County has no need for the right-of-way and,therefore,would like to know if CDOT is willing to take ownership. What I would propose is having the Board of County Commissioners ,grant by quit claim deed to CDOT all right,title, and interest in the right-of-way immediately adjacent to West 10i° Street. No compensation would be required. Please let me know your thoughts regarding my proposal. Lipay be reached at(970) 356-4000, extension 4390. • MS, c er ir Weld County Attorney BTB/db:Let/Grube Enclosures pc: Dale Hall Frank Hempen 4‘it WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 l 915 TENTH STREET P.O. BOX 1948 GREELEY, COLORADO 80632 WI IlDC. COLORADO September 1, 1999 Bob Grube Colorado Department of Transportation 1420 Second Street Greeley, CO 80631 RE: Letter Dated August 24, 1999, From Rich and Sharon Sewald Dear Mr. Grube: Enclosed is a copy of a letter dated August 24, 1999, which I received from Rich and Sharon Sewald. As you can see, the subject of their letter is the same as the subject of my letter to you dated August 23, 1999, i.e., the additional road right-of-way on the north side of West 10th Street, west of 59`h Avenue. It appears the Sewalds desire to have the right-of-way be vacated and thereby owned by the adjacent landowners. Any vacation of the right-of-way would require a minor resubdivision of the Western Hills Subdivision through our planning process. Please let me know your thoughts as to whether CDOT is willing to take ownership of the right- of-way or if CDOT would recommend vacation. I may be reached at (970) 356-4000, extension 4390. Simeerely, ( /I/ i Bruce T. Barker Weld County Attorney BTB/db:Let/Sewald Enclosure pc: Dal Hall Frank Hempen 6/21/99 Bruce Barker and. County Commissioners Centennial Center Greeley, CO Dear Sirs/Madame, I am writing you in regards to the fireworks fundraiser located at Victory Christian Center at 6102 W. 10 ST. We have recently been told that the tent is on an access road owned by the county and it must be moved. This news and the requested action is extremely frustrating because of the hundreds of man hours that have now gone into preparation for the two week sale, including the erection of the 18X56 foot tent that:took a crew of 15 to complete. We have sold on the property in the past and have had no problems with tent placement until the recent widening of 10th ST adjacent to the church property. In that construction an extended driveway was created to serve the church and Advantage Auto Brokers. This driveway cuts right through the"access road" referred to above. To allow traffic to continue using the remainder of the access road, we decided that the best possible place for the fireworks tent would be the corner created by the driveway, on the far south end of the parking lot. We have been working with Gary DeWitt in regards to any of our county roads questions. He referred us to Bill George and said that he would be able to give us permission to set up there in that he was in charge of this road section. Bill said that it was OK to place the tent here for the short amount of time. Based on the granted permission we have constructed our tent and set it up for business. When our competition at Van C observed that we were too visible and competitive they complained to Union Colony Fire stating that we were too close to the road, etc. Mark with UCFD Fire Safety checked our easements we were found to be in compliance. (It can be argued, in fact, that the tent is in the safest possible location and unobtrusive to traffic patterns in the area. If the tent were moved back the 15 feet requested it would block traffic to and from access to/from the"access road" because of the newly constructed access driveway.) Not to be content, Van C, who leases their building to the county road crews, had one of their friends in the building tell the church pastor move the tent without first consulting Gary DeWitt or Bill George. This is when Bruce Barker became involved through Mark with Fire Safety. It is not our wish to be intruding on county property or violating any laws. We went to great effort to ensure that something like this wouldn't happen by consulting those, we were led to believe, had authority in this matter. When advised that county policy is to forbid business cn county property and that the tent would have to be moved, we find ourselves in a difficult situation. I no longer have access to the large crew needed to move such a large tent. I tried, but failed, to make arrangements for such a move over the weekend. We do not mind being moved the 15 feet but do not have the man-power, or cannot afford to hire paid man-power, to put us back to business. With all due respect, we as t we be able to finish our two weeks at the spot where we sit and take this info f into ye tent location and plan accordingly. Ste e Bradley Fireworks operator at Victory Christian Center 6101 W. 1 Om ST Greeley, CO 80634 URS Greiner Woodward Clyde Stanford Place 3,Suite 1000 4582 South Ulster Street A Division of UPS Corporation Denver,CO 80237 6005 W. 10th Street Tel:303.740.2600 Greeley, Colorado 80634 Fax:303.694.3446 Telephone(9701 351-6808 Offices Worldwide Facsimile (9701 351-6916 JUN 2 2 1999 ;tr r� WELD COUNTY June 18, 1999 ATTORNEY'S oF-r Mr. Bruce Barker Weld County Attorney P.O. Box 1948 915 10th Street: Greeley, CO 80632 Ref: CDOT Project NH 0342-027 Sub. 11574 US 34 Business Route, Road & Bridge Subject: CIDOT And Weld County ROW — Approximately 6005 W. 10th St. Dear Bruce: Attached are copies of the Colorado Department of Transportation Right of Way plans for the project. The area in question is highlighted on the attached sheets. If I can be off additional service, please do not hesitate to telephone. Sind William B. George, PE cc: Roger Tanner - CDOT Attachments file William B.George Senior Resident Engineer URS Greiner Woodward Clyde A Division of UAS Corporation Stanford Place 3,Suite 600 4582 South Ulster Street Denver.00 80237 Tel.303.240.2600 Fax.303 6943946 Greeley, To! 351—6808 OFFICE OF BOARD OF COMMISSIONERS PHONE (970) 356-4000, EXT 4200 FAX (970) 352-0242 915 TENTH STREET P.O. BOX 758 W I ig C. GREELEY, CO 80632 COLORADO June 29, 1999 Steve Bradley Victory Christian Center 6101 W. 10th Street Greeley, CO 80634 RE: Request to Leave Fireworks Tent in Current Location Dear Mr. Bradley: This letter is in response to your letter dated June 21, 1999, regarding a tent in which you are selling fireworks as a fund-raiser. The tent is located on the south side of Victory Christian Center at 6102 W. Tenth Street,just outside the city limits of Greeley, Colorado. Your letter explains that the tent is positioned within additional road right-of-way which the Colorado Department of Transportation claims is controlled by Weld County. You have asked for permission from the Board of County Commissioners to keep the tent in its current placement until July 5, 1999. Please be advised that to the extent the additional road right-of-way is owned or controlled by Weld County, Colorado, the Board of County Commissioners of Weld County consents to the placement of your fireworks tent there to and until 6:00 p.m. on Monday, July 5, 1999. The Board intends to address the issue of ownership or control regarding this additional right- of-way with CDOT in the next few months. Steve Bradley, Letter June 29, 1999 Page 2. If you should have any questions regarding this letter, please feel free to call Bruce T. Barker, Weld County Attorney, at (970) 356-4000, extension 4390. Sincerely, BOARD OF WELD COUNTY COMMISSIONERS e . Hall, Chai DKH:BTB/db:Let/Bradley pc: Bruce Barker Frank Hempen Don Warden Hello