HomeMy WebLinkAbout961804.tiff ef1/47/ RESOLUTION
RE: VACATION OF THAT PORTION OF WELD COUNTY ROAD 74 AROUND
SOUTHERN SIDE OF ABANDONED THOMPSON RESERVOIR IN SECTION 4,
TOWNSHIP 6 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY,
COLORADO
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, in 1972, Weld County Road ("WCR") 74 was straightened through the
abandoned Thompson Reservoir in Section 4, Township 6 North, Range 67 West of the 6th
P.M., so that it now exists on the section line between said Section 4 and Section 33, Township
7 North, Range 67 West of the 6th P.M., and
WHEREAS, WCR 74 formerly passed around the southern side of said abandoned
Thompson Reservoir along the former dam, and
WHEREAS, the Windsor Reservoir and Canal Company ("the Reservoir Company") has
requested in writing that said former road right-of-way along the southern side of the former
Thompson Reservoir be vacated, and a hearing concerning said vacation request was
conducted by the Board on October 2, 1996, to which each owner of adjoining lands was
notified in writing mailed ten days prior to said hearing, and
WHEREAS, there is no longer the need for Weld County to keep said former WCR 74
right-of-way, because of the straightening work done in 1992, and
WHEREAS, the vacation of said former WCR right-of-way will not leave any adjoining
land without an established public road connecting said land with another established public
road, and
WHEREAS, two owners of adjoining lands expressed opposition to said vacation,
because said vacation would eliminate convenient accesses to their properties, but the loss of
those accesses may be accommodated by the granting of easements by the Reservoir
Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that said right-of-way of the former WCR 74, around the southern side
of the abandoned Thompson Reservoir, be, and hereby is, vacated, upon the following
conditions:
961804
2515244 B-1571 P-352 10/10/96 03:46P PG 1 OF 2 REC DOC G0035
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
RE: VACATION OF PORTION OF WCR 74
PAGE 2
1. That the Reservoir Company grant to the adjacent landowners, Pineda and
Sons, Inc., and David Schump, easements along the right-of-way of said former
WCR 74 for access to their lands. Said access easements shall be recorded in
the Office of the Weld County Clerk and Recorder and then presented to the
Office of the Clerk to the Board.
2. That in the alternative, should the interested parties resolve their relative
ownership issues such that said easements are no longer desired and/or
necessary, then the parties must present to the Office of Clerk to the Board a
writing signed by all of the parties stating the same.
BE IT FURTHER RESOLVED by the Board that this Resolution shall be recorded so as
to comply with the requirements of Section 43-2-303, C.R.S., after receiving either said required
easements or writing conditioned above have been presented to the Clerk to the Board.
BE IT FURTHER RESOLVED by the Board that once this Resolution is duly recorded,
the ownership of said right-of-way of the former WCR 74 shall be divided in accordance with the
provisions of Section 43-2-302, C.R.S.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
W LD
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WELD COUNTY ATTORNEY'S OFFICE
Q PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
GREELEY, COLORADO 80632
O September 18, 1996
C.
COLORADO
Pineda& Sons, Inc.
1300 Redwood Drive
Windsor, CO 80550
RE: Hearing Regarding Request for Vacation of
Former Portion of Weld County Road 74
Gentlemen:
The Board of County Commissioners of Weld County, Colorado, has received a request for the
vacation of the right-of-way for the former portion of Weld County Road("WCR 74") as it
exited on the southern edge of the abandoned portion of the Windsor Reservoir. This former
roadway is shown in yellow on the enclosed map. The entirety of the subject roadway lies within
Section 4, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. WCR 74
was straightened in 1992. It is now located on the section line between Section 4-6-67 and
Section 33, Township 7 North, Range 67 West. There currently is no need for the public to have
access along this former roadway.
A hearing to determine whether or not to vacate the subject roadway will be before the Board of
County Commissioners of Weld County, Colorado and will take place at 9:00 a.m. on
Wednesday, October 2, 1996. The hearing will take place in the Board's first floor meeting
room at the Weld Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. You may
be present if you desire to present testimony to the Board regarding the proposed vacation.
Sincjrely, J
y'
Weld Cou ty Attorney �--
BTB/db:Let/WCR74
Enclosures
pc: Dave Becker
Drew Scheltinga
WELD COUNTY ATTORNEY'S OFFICE
d PHONE: (970) 356-4000, EXT. 4391
rett FAX: (970) 352-0242
915 TENTH STREET
GREELEY, COLORADO 80632
virgigC. September 18, 1996
COLORADO
Windsor Reservoir and Canal Company
do Tim Dow, Esq.
Sommemeyer, Wick, Dow, and Campbell, LLC
3 Clocktower Square
323 S. College Avenue
P.O. Box 2166
Fort Collins, CO 80522
RE: Hearing Regarding Request for Vacation of
Former Portion of Weld County Road 74
Dear Mr. Dow:
The Board of County Commissioners of Weld County, Colorado, has received a request for the
vacation of the right-of-way for the former portion of Weld County Road ("WCR 74") as it
exited on the southern edge of the abandoned portion of the Windsor Reservoir. This former
roadway is shown in yellow on the enclosed map. The entirety of the subject roadway lies within
Section 4, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. WCR 74
was straightened in 1992. It is now located on the section line between Section 4-6-67 and
Section 33, Township 7 North, Range 67 West. There currently is no need for the public to have
access along this former roadway.
A hearing to determine whether or not to vacate the subject roadway will be before the Board of
County Commissioners of Weld County, Colorado and will take place at 9:00 a.m. on
Wednesday, October 2, 1996. The hearing will take place in the Board's first floor meeting
room at the Weld Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. You may
be present if you desire to present testimony to the Board regarding the proposed vacation.
Sincey,
ruce T. Barkeq/
Weld County Attorney 1' _
BTB/db:Let/WCR74
Enclosures
pc: Dave Becker
Drew Scheltinga
WELD COUNTY ATTORNEY'S OFFICE
Q PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
GREELEY, COLORADO 80632
O September 18, 1996
C.
COLORADO
David Schump
1006 Shore Pine Court
Fort Collins, CO 80525
RE: Hearing Regarding Request for Vacation of
Former Portion of Weld County Road 74
Dear Mr. Schump:
The Board of County Commissioners of Weld County, Colorado, has received a request for the
vacation of the right-of-way for the former portion of Weld County Road ("WCR 74") as it
exited on the southern edge of the abandoned portion of the Windsor Reservoir. This former
roadway is shown in yellow on the enclosed map. The entirety of the subject roadway lies within
Section 4, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado. WCR 74
was straightened in 1992. It is now located on the section line between Section 4-6-67 and
Section 33, Township 7 North, Range 67 West. There currently is no need for the public to have
access along this former roadway.
A hearing to determine whether or not to vacate the subject roadway will be before the Board of
County Commissioners of Weld County, Colorado and will take place at 9:00 a.m. on
• Wednesday, October 2, 1996. The hearing will take place in the Board's first floor meeting
room at the Weld Centennial Center Complex, 915 Tenth Street, Greeley, Colorado. You may
be present if you desire to present testimony to the Board regarding the proposed vacation.
Sip erely, %
/Z' /(
ruse T. Barker
Weld County Attorney
BTB/db:Let/WCR74
Enclosures
pc: Dave Becker
Drew Scheltinga
a
�c TO: Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
wilDDATE: September 10, 1996
C, RE: Vacation of Former WCR 74 South of Abandoned Portion
COLORADO of Windsor Reservoir
In 1992 the Weld County Public Work's Department completed the straightening of Weld
County Road 74 through the abandoned portion of Windsor Reservoir. (The term"abandoned"
in this sense means that the Windsor Reservoir and Canal Company stopped using the property
for storage of irrigation water. The Company retained ownership to parts of the property where
the abandoned portion of the reservoir was located.) WCR 74 had been located on the southern
edge of the abandoned reservoir. Attached is a map which shows the former roadway and which
delineates the ownership of the three parcels in question which abut the former WCR 74.
The original discussions with the Windsor Reservoir and Canal Company in 1991 called for the
vacation of the former WCR 74 after the roadway was straightened. There was no need to keep
• the former roadway other than to extract fill material from its road base. George Goodell used
the road base for the building of the straightened roadway. As a result, he emphasized that the
Board was not to vacate the roadway until he was finished with the straightening project.
The former WCR 74 has never been vacated. About three or four months ago, an adjacent
landowner, David Schump, began arguing with the Windsor Reservoir and Canal Company
about the use of the former roadway. It seems the Company had put up a gate at the intersection
of the former roadway and the straightened WCR 74. Mr. Schump wanted to use the former
roadway for access to one part of his property. His property also abuts the current WCR 74 in its
straight configuration. His use of the former roadway was solely for convenience.
Mr. Schump asked me to convey to the Windsor Reservoir and Canal Company that the former
roadway is still a road right-of-way. I had to agree with Mr. Schump, because the former road
has never been vacated. Attached is various correspondence which we have had regarding this
subject, including a letter dated August 26, 1996, from the Company which states that it has
resolved its differences with Mr. Schump and requests that the former roadway now be vacated.
I recommend that the Board vacate the former road. It serves no purpose now other than to cause
consternation between the adjacent landowners. It now puts Weld County in the middle of the
landowner disputes. I think it would be best to be rid of the roadway and to resolve this matter
once and for all.
Vacation of WCR 74
September 10, 1996
Page 2.
If the Board agrees with my recommendation, I will see that the matter is placed on the Board's
Agenda for a hearing to vacate the roadway. I will make certain that the adjacent landowners are
given adequate notice of the hearing date.
Approve Schedule for
Recommendation Work Session
George Baxter
Dale Hall V
Connie Harbert
Barbara Kirkmeyer
Bill Webster (/
Bruce l.'Barker
Weld County Attome
BTB/db:Memo/BOCC/W CR74
Attachments
pc: Drew Scheltinga
Dave Becker
E C EMMMET -
APR 1 2 1996 j J
WELD COUNTY
it*R s ?a ri :: 4
David E. Schump •
1006 Shore Pine Court
Fort Collins, CO 80525
April 9, 1996
Mr. Bruce Barker
Weld County Attorney
P.O. Box 758
Greeley, CO 80632
Re: Easement of County Road 74
(Formerly along Thompson Lake)
Dear Sir:
We own property adjacent to County Road 74. For many years we have used the easement, which
was formerly the road around Thompson Lake, to access the western edge of our property.
Would you please confirm that this is still a county controlled easement and that this access will
continue to be available to us.
I have enclosed a drawing of the area to show the relationship of our land to the road easement.
Thank you for your consideration in this matter.
Sincerely,
hiit7(1 C, )L IGGLu,
David E. Schump
Enc.
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WELD COUNTY ATTORNEY'S OFFICE
Q PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
GREELEY, COLORADO 80632
111119 May 17, 1996
.
COLORADO
. David E. Schump
1006 Shore Pine Court
Fort Collins, CO 80525
RE: Public Road Right-of-Way Formerly Known
as "Weld County Road 74" along the
Southern Side of Thompson Lake
Dear Mr. Schump:
This letter is in response to your letter dated April 9, 1996, requesting information regarding the
road right-of-way formerly known as"Weld County Road 74" as it proceeds along the southern
boundary of Thompson Lake.
Thompson Lake was obliterated in either 1991 or 1992. As a result, Weld County straightened
Weld County Road ("WCR") 74. The roadway as it existed along the southern edge of
Thompson Lake was no longer necessary and was physically smoothed over.
I have checked with the Clerk to the Board of County Commissioners of Weld County,
Colorado, to see if we ever had the Board of County Commissioners vacate the former portion of
WCR 74. The Clerk finds no such resolution. Therefore, I conclude that the right-of-way still
exists.
If you should have any questions regarding this letter, please feel free to call me at (970) 356-
4000, extension 4390.
Sincerely )
Brute T. Barker __
iAeyi
BTB/db:Let/Schump
pc: Drew Scheltinga
David E. Schump
1006 Shore Pine Court
Fort Collins, CO 80525
(970) 229-0562
July 2, 1996
Mr. Bruce Barker
Weld County Attorney's Office
915 Tenth Street
Greeley, CO 80632
Dear Mr. Barker:
Thank you for your letter of May 17, 1996, confirming the status of Weld County Road (WCR) 74
along the southern boundary of Thomson Lake. In your letter you stated that county right-of-way
currently exists on that boundary road.
On June 26, 1996,the Windsor Reservoir and Ditch Company placed a locked gate across the road
in question. They also barricaded both sides of the gate with concrete rip rap. With access blocked
to our land neither we nor our tenant fanner can reach the west end of our quarter section. This land
is currently under cultivation and it would appear this is a deliberate attempt to block access to this
road to everyone other than the Ditch Company.
It is important that you understand our intent to use this road as the most obvious and convenient
access to our land. In view of the status of this road we ask your assistance in making it clear to the
Ditch Company that they must take their gate down and clear the road for public access.
On June 27 we contacted their lawyer, Tim Dow, and asked him to help resolve this situation
immediately. As of today, we have not recei Jed any indication the Windsor Ditch Company intends
to comply.
Our tenant farmers' needs and our intent to begin construction on a private stable and arena on this
land in September, makes it imperative this conflict be resolved quickly.
Thank you for your assistance in resolving this conflict. If you have any questions. please call.
• cerel
161 tY - 'i; '
David E. Schump JUL 0 3 1996
WELD COUNTY
•TTORNEY'S OFFICE ,
WELD COUNTY ATTORNEY'S OFFICE .
rart4 PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
GREELEY, COLORADO 80632
July 11, 1996
•
COLORADO
David E. Schump
1006 Shore Pine Court
Fort Collins, CO 80525
RE: Former Weld County Road ("WCR") 74,
Along the Southern Boundary of Thomson
Lake
Dear Mr. Schump:
This letter is in response to your July 2, 1996, letter regarding the former \Veld County Road
("WCR") 74, along the southern boundary of Thomson Lake.
Your letter asks for my assistance in making it clear to the Windsor Reservoir and Ditch
Company that a locked gate which the Company recently placed across the road must be
removed. Please be advised that although it is my opinion that the roadway in question remains
a public road, it is not Weld County's position that it has a duty to enforce the public's right to
use the roadway. Any member of the public, including yourself, has the ability to enforce that
right. Therefore, I recommend that you contact the Ditch Company's attorney, Tim Dow, to
discuss this matter with him.
If you should have any questions regarding this letter, please feel free to call me at (970)
356-4000, extension 4390.
Sincerely,
Bruce T. Barker/
Weld County Attorney
BTB/db:Let/Dschump
pc: Drew Scheltinga
WELD COUNTY ATTORNEY'S OFFICE
a PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
tf (ft\ 440;)
915 TENTH STREET
GREELEY, COLORADO 80632
liVe July 22, 1996
COLORADO
Tim Dow, Esq.
Sommermeyer, Wick, Dow& Campbell
3 Clocktower Square
323 S. College Avenue
P.O. Box 2166
Fort Collins, CO 80522
RE: Request by David Schump to Use Right-of-
Way of Former Weld County Road 74
Dear Tim:
I have had recent correspondence with David Schump regarding his request for the use of the
public road right-of-way formerly known as Weld County Road ("WCR") 74 as it passes around
the southern edge of the abandoned Thompson Reservoir. WCR 74 was moved to its present
location in 1991. The property upon which the road now sits was donated fo Weld r WCR County7 by the
Windsor Reservoir and Canal Company ("the Canal Company").
the southern edge of the abandoned Thompson Reservoir never has been vacated. Therefore, it
remains as a public road right-of-way and may be used by the public. Mr. Schump reports that
the Canal Company has erected a locked gate on the former roadway which prohibits his
contractors from entering the Schump property.
I believe there was discussion between Weld County and the Canal Company regarding the
vacation of the former roadway. I see no reason for the public to have access to the properties
along the former roadway. That is not true, however, for the property owner to the south. It is
my understanding that Mr. Schump has purchased the property which lies south of the former
roadway and east of the Canal Company's cement water structure. Mr. Schump now desires to
have his contractors use the former roadway to gain access to his property.
I respectfully request that the Canal Company work with Mr. Schump to control the access to
their respective properties. I will he happy to recommend to the Board of County
Commissioners that the former roadway be vacated, but I believe that it is not fair to Mr. Schump
to do so until there is some resolution of access to his property along the former roadway.
Tim Dow
July 22, 1996
Page 2.
If you wish to discuss this matter with me, you may reach meat (970) 356-4000, extension 4390.
Sincerely,
I3ruCe T. Barker '
Weld County Attorney
BTB/db:Let/Timdow
pc: Dale Hall
Drew Scheltinga
David Schump
JADTET:RNEEY'SVC)::::
David E. Schump 1006 Shore Pine Court
Fort Collins, CO 80525(970) 229-0562
July 26, 1996
' Mr. Tim Dow
Sommermeyer, Wick, Dow & Campbell LLC
323 South College Avenue, Suite 3
Fort Collins, CO 80524
Dear Tim:
By now you have received Bruce Barker's July 22 letter. Your clients have had ample time to
consider their position on the matter of the gate they wrongfully placed across the county right of
way.
This gate and the concrete waste your client dumped across the right of way prevents my tenant,
Warren Ehrlich, from accessing the fields currently cultivated. The gate is too narrow for farm
implements to pass through even when opened.
By this letter, I demand that the gate, its supporting posts, and the concrete waste material be
removed promptly from the site and that my tenant's access be restored to its former condition.
If such remedy is not completed within one week from today, I will remove this obstacle. Certainly,
I will not be responsible for any damage to the gate as it was improperly and capriciously placed by
your client.
I have been extremely patient throughout this period, but that patience is now exhausted. To avoid
more severe conflict, i expect this demand to be complied with immediately. Failing such
compliance;I will surely remove that gate on August 2. I expect you to promptly notify your clients,
Windsor Reservoir and Canal Company, of this letter and my intention.
Sincer ,
David E. Schump
cc: Warren Ehrlich
Bruce Barker, Weld County Attorney
SOMMERMEYER WICK DOW & CAMPBELL, LLC
ATTORNEYS AT LAW
LAMES D.BRAMER' 143 CLOCK TOWER SQUARE Branch Offices
KENT N.CAMPBELL 323 SOUTH COLLEGE AVENUE
TIMOTHY J.DOW P 0.BOX 2166 2312 CAREY AVENUE
STEVEN G.GREENLEE* FORT COLLINS,COLORADO 80522 CHEYENNE,WYOMING 82001
KATHRYN S.LONOWSKI (970)482-4011 (307)632-0323
ROBERT I.PENNY' FAX(970)482-8929
BLAIR I.TRAUTWEIN* 1295 MAIN STREET
TROY A.UKASICK' THE SHOPS AT WESTW00D
ROBIN L WICK BUILDING ONE SUITE 3
WINDSOR,COLORADO 80550
MAYO SOMMERMEYER' (970)686L005
or COUNSEL FAX(970)686-6007
'ALSO AOMM D IN%TONIING
August 26, 1996
BrucWeld T. Barket 1 ' ^13 RVt7.
Weld County Attorney I h r 11 FP
915 - 10th Street iP,SI
Greeley, CO 80632 AUG 2 7 1996 ;
Re: WCR 74 & ELD COUNTY
ATTORNEY'S OFFICE
Dear Bruce:
This is in response to your July 22nd letter which we have reviewed. It is my
understanding that the access issue regarding Dave Schump and his tenant, Warren Ehrlich, was
resolved by the ditch company as soon as it became a problem. In any event, I believe we need
to reach a more permanent solution to the questions raised by this.
It was my understanding as well a that of the board of directors of the Windsor Reservoir
and Canal Company that the arrangement between the ditch company and Weld County at the
time of the project, whereby WCR 74 around the southern edge of the abandoned Thompson
Reservoir was straightened, was the ditch company would be exchanging the new roadway in
exchange for Weld County vacating the former roadway. We do want to work with you to
complete this final step of having Weld County vacate the former roadway. We have no
objection to making some reasonable accommodation to adjacent property owners so that those
owners will have reasonable access to their properties. Perhaps you could pull your file, review
this and then advise me as to what coordinated steps should be taken in order to accomplish this
final aspect of the WCR 74 project.
Thank you.
Yours very truly,
SOMMERMEYER WICK DOW & CAMPBELL, LLC
TJD:mi Timothry J. Do v 0
cc: (w/enclosures)
Donn Engel
Bill Johnston
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