HomeMy WebLinkAbout982687.tiff ANTHONY V. MELLO, LLC
ATTORNEY AT LAW
PHONE: (970) 834-1333 FAX: (970) 834-0280
July 15, 1998
Scott Ballstadt
Weld County Department of Planning Services
1400 North 17th Street
Greeley, CO 80631
Re: RE-1862
Dear Mr. Ballstadt:
This office represents Ted and Terri Morgan of 39542 Hwy 37, Greeley, Colorado. The
Morgans are the owners of the real property referred to as Parcel A on Recorded Exemption No.
1862.
This letter is in regard to Gilbert and Barbara Barthol's request that the Planning Department
cause to be removed the arress easement across the Barthol property be removed from the recorded
plat for RE-1862.
As was discussed in our telephone conversation on July 14, 1998, this letter is to confirm that
it is the Morgans'position that the access easement is properly on the plat as an implied easement by
pre-existing use (see enclosed letter to the Barthols dated 7/15/98).
This letter is to confirm that it is your office's position that any determination with respect to
the existence of the access easement across the Barthols' property is properly made between the
Morgans and the Barthols, and that your office expects to take no further action with respect to this
issue until the Morgans and Barthols reach a resolution.
Please telephone me if you have any questions or if your office does propose to take any
action in regard to this matter.
Very truly yours,
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Anthony V. M Ilo !tllulr ;r1;nr1? l�IBti(!I'f Dept.
cc: Ted and Terri Morgan JUL Z U1998
P. 0. Box 1 436 • I 1 5 2ND AVENUE • AULT, COLORADO 80610 (
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CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312
TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ , 9j
YES� ❑ NO DATE: 1I ` J /D
NAME: rc&'1 Mak() '�1 rillegiC1 _I PHONE: `1 1333
ADDRESS:
TYPE OF INQUIRY:
_ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN
ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
L,KRE _FINAL PLAT _ ZONING
AMENDED RE _ RESUBDIVISION _ ADDRESSING
_ SE _ FHDP BUILDING PERMIT
_ AMENDED SE _ GHDP _ SETBACKS/OFFSETS
_ SITE PLAN REVIEW _ USR _ HOME OCCUPATION
REZONING _ AMENDED USR VIOLATION
_ PUD SKETCH PLAN _ USR MINING _ OTHER
_ PUD DISTRICT _ USR MAJOR FACILITY
_ PUD FINAL PLAT _ USR DISPOSAL SITE
STAFF PERSON: SOP%1.4511eilc
ITEMS DISCUSSED: 116
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Tom Collins Real Estate, L.L.C.
MEMO
TO: Scott Ballstadt, Current Planner, Weld County, Department of Planning Services
FROM: Tom Collins,
DATE: May 15, 1998
SUBJECT: RE-1862 Case File, Todd Hodges Letter to Freese Engineering, May 11, 1998.
Scott, It's to bad the problem arising from the access easement supposedly created at the
time the above RE was approved, has been left in your hands for resolution.
I am quite disturbed by what is happening and the County's position.
After receiving the above letter Mr. Freese looked into the surveys that he did at the time
the property was divided and sold. The access easement is shown on the two surveys done
at the time Barthol's and Poston's bought the property. My letter to Shani Eastin dated
March 13, 1998 included maps and plats showing the road being there for many years.
I went over the situation with counsel, he is in agreement that this is a civil matter. His
feeling was that the issue needed to be settled by the two parties. If the Barthol's feel as
strongly as they are letting you believe. The way to settle the situation is a quiet title
action by Barthol's, that would include the owner of Lot "A", Mortgagees, Public Service
Company, US West and the Oil Company, all have rights to the access easement.
My question is can the RE Plat be changed without the approval of the present owner of
Lot "A" and the previous owners who carry a mortgage secured by Lot "A".
Scott, hopefully this issue will be resolved equitably.
cc: Ted Morgan
Jay Freese
Enc: Surveys
Copy of letter to Shani Eastin. dated March 13, 1998.
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DEPARTMENT OF PLANNING SERVICES
ip PHONE (303)353-3845, EXT.3540
NISTRATIVE OFFICES
C.
WELD COUNTYL11E1400 N. 17TH Y COLORAD AVENUE GREE
COLORADO •
May 11, 1998
Freese Engineering
Attn.: Jay Freese
1523 6th Avenue
Greeley, Colorado 80631
Subject: RE-1862 plat
Dear Mr.Freese:
The Department of Planning Service's staff and Weld County Attorney's staff have reviewed the recorded
plat for RE-1862 and have determined that the access easement shown across the Barthol property for an
access to Lot A of RE-1862 must be removed. The determination was made due to the fact that the access
was not approved by the Barthol's and there is no evidence that a written access agreement exists. To correct
this matter a corrrected plat shall be submitted to the Department of Planning Service's staff for review and
recording.
If you have any questions,please contact Scott Ballstadt at the number or address above.
Sincerel
Todd A.Hodges
Current Planner II
cc: Don Carroll, Weld County Public Works
Lee Morrison, Weld County Attorney's Office
Gil&Barb Barthol
Tom Collins
pc:RE-1862 Case File
DEPARTMENT OF PLANNING SERVICES
WI ID PHONE (303) 353-3845, EXT.3540
C. WELD COUN Y IINISTRATIVE OFFICES
1 O
4 COLORADO AVENU GREELEY, 1
COLORADO
May 11, 1998
Freese Engineering
Attn.: Jay Freese
1523 6th Avenue
Greeley, Colorado 80631
Subject: RE-1862 plat
Dear Mr. Freese:
The Department of Planning Service's staff and Weld County Attorney's staff have reviewed the recorded
plat for RE-1862 and have determined that the access easement shown across the Barthol property for an
access to Lot A of RE-1862 must be removed. The determination was made due to the fact that the access
was not approved by the Barthol's and there is no evidence that a written access agreement exists. To correct
this matter a corrrected plat shall be submitted to the Department of Planning Service's staff for review and
recording.
If you have any questions, please contact Scott Ballstadt at the number or address above.
Sincerel
7‘
Todd A. Hodges
Current Planner II
cc: Don Carroll, Weld County Public Works
Lee Morrison,Weld County Attorney's Office
Gil&Barb Barthol
Tom Collins
pc: RE-1862 Case File
WELD COUNTY IrRTMENT OF PLANNING SERVICES/BU DING INSPECTION
CITIZEN INQUIRY FORM
1400 N. 17TH AVENUE, GREELEY, CO 80 61
PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312
❑ TELEPHONE %OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: CV/(-9(q
NAME: (\A./N.G- CN\/ PHONE:
ADDRESS: /4,�&Ln_ 1gip �{ 12 �' 1 CG,a /1
TYPE OF INQUIRY:
❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN
❑ ZPMH U PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT
yi RE ❑ FINAL PLAT ❑ ZONING
❑ AMENDED RE ❑ RESUBDIVISION ❑ ADDRESSING
❑ SE ❑ FHDP ❑ BUILDING PERMIT
❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS
❑ SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION
❑ REZONING U AMENDED USR ❑ VIOLATION
❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER
❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑
❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑
PERSONNEL
❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges ❑Julie Chester
Scott Ballstadt ❑ Kerri Keithley ❑ Ed Stoner ❑ Roger Vigil
❑ David Sprague ❑ Johnny Roberts ❑ Jeff Reif ❑George Carroll
❑ Dennis Renley ❑ Monica Daniels-Mika ❑
ITEMS DISCUSSED: g — / b&
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