HomeMy WebLinkAbout990111.tiff OTIS, COAN & STEWART,Lt,c
ATTORNEYS AT LAW
DENVER METRO
West Greeley Law Center
Fred L. Otis 1812 56T"AVENUE (303)659-7576
G. Brent Coan GREELEY,COLORADO 80634 FAX
Michael D. Stewart
(970)330-6700 (970)330-2969
E-MAIL
OCS300@aol.com
File No.B08-104-101
Weld County Plannm9 NO.
January 6, 1999 JAN 0 7 1999
RECEIVED
Scott Ballstadt, Planner
Weld County Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
RE: Lindies Lake PUD (Bill Hall)
Dear Scoff:
One of the conditions of approval of the Lindies Lake PUD was that the applicant would
provide evidence that the surface rights to the Lindies Lake (previously known as Coless
Lake Reservoir) have never been conveyed or reserved and that said surface rights for
recreational purposes can be conveyed to the homeowners' association from Mr. Hall.
Through discussions with Cyndy Giauque, Weld County Attorney, the evidence that will be
satisfactory to the Department of Planning and the Weld County Attorney's Office is an
opinion letter, which is contained herein.
Pursuant to answering questions associated with the recreational rights on Lindies Lake,
I have reviewed the title policy for the subject property including the Lindies Lake as well
as all documents referenced in the Schedule B Exceptions to said policy. Except for
agreements that allow Larry Intermill, Alvin B. Geist, and North Side Lateral to run water
into and through the reservoir, it is my opinion that the applicant for the Lindies Lake PUD
has all other rights and full control of the Lindies Lake Reservoir (also known as Coless
Lake Reservoir). Said agreements do not restrict Mr. Hall's ability to utilize the reservoir
and its surface for recreational purposes.
Therefore, after reviewing the documents referenced in the Schedule B Exceptions to the
/ 990111
Gana,— at r7itt tL 011 10
0/////99
Scott Ballstadt
January 6, 1999
Page 2
title policy for the subject property as well as the above-referenced agreements, it is my
opinion that Mr. Hall, as owner of the subject property and reservoir, will be able to convey
surface use rights to the Lindies Lake PUD homeowners' association, and no other parties
will have the right to use the same.
Should you have any questions or need any further clarification, please do not hesitate to
contact me at the above number. Thank you for your assistance and cooperation in this
matter.
Sincerely,
G. rent Goan
Attorney at Law
GBC/kr-p
G'AWP80ACLIENTHALL.BILACORRESP\BALLST-1.WPD
990 n /
Hello