HomeMy WebLinkAbout951405.tiffJune 9, 1995
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Dear Ladies and Gentlemen:
I am writing concerning your proposal about Bruno Avenue in
Country Estates.
In speaking with the Weld County Attorney, I understand this
proposal involves vacating Bruno between WCR 33 and Mathews
Avenue on the west and Tate Avenue and WCR 35 on the east.
The portion between Mathews Avenue and Tate Avenue would be
closed and replaced with a path for non -motorized traffic.
At first this would seem a workable proposition but there
are some serious problems with this solution that I feel need
to be addressed by the County Commissioners.
In checking with the U.S. Post Office in Fort Lupton, there
are three addresses on Bruno Avenue that would have to be
changed to either a Mathews or Tate Avenue address. The
Department of Planning Services or the County Assessors Office
would need to be involved in this change.
First, who and how much usage of this pathway would there be?
Other than pedestrians, bike riders, and horseback riders what
other non -motorized vehicles would be allowed? Would horse
drawn vehicles be allowed or does the County Commissioners
consider them something else?
Your suggestion for clean-up of the proposed pathway by a
volunteer group of homeowners will not work. Volunteers would
be nonexistent in a short period of time and the adjacent
homeowners would be left with the clean-up as before the clo-
sure of Bruno in 1985. There is no Homeowners Association
for the subdivision of Country Estates.
Without a Homeowners Association another question comes to
mind. Who would be liable for injuries and damages incurred
on or from this pathway?
In your Private Use of the Right of Way Agreement dated
August 28, 1985 with the adjacent owners along Bruno Avenue,
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951405
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Condition 3 states the private users agree to indemnify the
county from being liable for injuries, etc. during their use
of this space. This then made the Private Users liable.
A memorandum from the Department of Public Works, then known
as the Road and Bridge Department, dated April 17,1985 allows
a fence to be installed by the residents if they wish. The
Private Users adjacent to Bruno Avenue on the east side of
Mathews erected a fence closing off this portion. This fence
has been taken down several times in the past few months.
The last time was on May 27, 1995. The report was taken by
Sheriff's Deputy Peter Wagner. A video was also taken into
evidence concerning this incident. Deputy Wagner informed the
Weld County Attorney of the incident on May 30, 1995.
Most non -motorized pathways have spaced wooden posts or posts
with a chain across (not feasible in this case) to keep the
motorized traffic out. With such a blatant disregard for the
law, who's to say this won't happen again.
This is one instance where trying to be all things to all peo-
ple is not the best option. A final decision needs to be made
and then inforced. Therefore, the best decision in this matter
would be in vacating Bruno Avenue and the property reverting
to the adjacent property owners.
Thank you for your consideration.
Sincerely,
vn.
Kathryn M. Boerema
2091 Tate Avenue
Fort Lupton, CO 80621
cc: Department of Public Works
Department of Planning Services
Weld County Sheriff's Office
Office of County Attorney
Weld County Assessors Office
encl: Memorandum from Dave A. Becker, Assistant Director of
Road and Bridge DEpartment. Dated April !7, 1985.
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To Board of Weld County Commissioner„ April 17, 1985
Dave A. Becker, Assistant Director, Road and Bridge Department
From
sobjecC Petition for the Vacation of Bruno Avenue between Tate Avenue
and Weld County Road 33
Our recommendation for Bruno Avenue between Tate Avenue and
Weld County Road 33 is to close the road so that a fence
may be installed by the residents, if they wish. However,
we do not want to vacate this road; we would like to retain
the right-of-way in case it is needed in the future. By
retaining the right-of-way, we can also avoid possible land -
locking if new growth develops.
If you have any questions, please let me know.
DAB/dm
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