HomeMy WebLinkAbout20232642.tiffSeptember 8, 2023
COUNTY ATTORNEY
1150 "O" STREET
PO BOX 758
GREELEY CO 80632
www.co.weld.co.us
Direct Line: 970.336.7235
FAX: 970.352.0242
Scott A. Clark, Esq.
Burns Figa & Will, P.C.
6400 S. Fiddlers Green Circle, # 1000
Greenwood Village, CO 80111
Re: Your Letter of August 14, 2023, on Behalf of Kathryn and Kevin Beiland
Sent Electronically Via Email to sclark@bfwlaw.com and Hard Copy via U.S. Mail
Dear Mr. Clark
Your letter of August 14, 2023, requests that, pursuant to Weld County Code Section 24-11-40,
Weld County "undertake revisions" to five recorded plats to correct "clear and material
misstatements." The misstatements to which you refer are notes on the plats saying a road
running north from Pine Cone Avenue (WCR 20), starting at 60 feet in width and then narrowing
to 40 feet in width, provides access to several lots located immediately west of and adjacent to
the road. The road is neither owned, nor maintained, by Weld County. The plats involved are
RECX 19-0086 (Rec. # 4576192), lAMRECX20-19-0086 (Rec. # 4707030), 1 AMRECX20-99-
2513 (Rec. # 4707031), RECX20-0168 (Rec. # 4707032), and 1MUSR21-98-1174 (Rec. #
4824803). The Beilands contend that the subject road is a private easement owned in part by
them and provides no access to the lots located west of the road. Hence, according to the
Beilands, the notes are in error and must be corrected by Weld County.
My review of the documents to which you refer in your letter does not convince me that the
notes on the plats are erroneous. The documents entitled, "Reciprocal Easement Agreement,"
dated October 16, 2001, and recorded at Rec. # 2897008, and dated March 26, 2003, and
recorded at Rec. # 3236888, provide for a reciprocal non-exclusive easement on the subject road
for "ingress and egress." The beneficiaries of that easement are Carl Smith, his "successors and
assigns," and Brian Fazio and Karen Fazio, their "successors and assigns." I believe it may be
stated that all of the owners of the subject lots located immediately west of and adjacent to the
road are "successor and assigns" of Carl Smith and Anita Knudson. Thus, in my opinion, a
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Letter, Scott A. Clark, Esq.
September 8, 2023
Page 2
credible argument may be made that the subject road provides legal "ingress and egress" to the
lots to the west of and adjacent to the subject road, contrary to the assertions made in your letter.
I also note that described in the Warranty Deed from Carl Smith to Kurt E. Knudson and Anita
R. Knudson, dated August 20, 2005, and recorded at Rec. # 3325370, is an exclusive 20 -foot
easement transferred in addition to the property. Although the legal description of that easement
does not make sense, the document shows there was an intent on the part of Mr. Smith to convey
an easement "for access and driveway purposes." The 20 -foot easement logically fits the 20 -foot
strip he retained on the east side of the property. To me, this provides indication that Mr. Smith
fully intended for Ms. Knudson to utilize the subject road to access the property he was
conveying to her via the Warranty Deed.
Enclosed are copies of emails I received from Anita Knudson on September 6, 2023, and Jason
Meyers on September 7, 2023. I have no disagreement with any of the factual statements or
conclusions set forth in their emails.
I see no reason for Weld County to require that the plats referred to above be changed to
eliminate the notes regarding the subject road.
Please call me at (970) 400-4390, if you have any questions or wish to discuss further.
Sincerel
Lice T. Barker, Esq.
Weld County Attorney
pc:
Tom Parko, Director, Department of Planning Services
Board of County Commissioners
Clerk to the Board
Karin McDougal, Assistant County Attorney
Anita Knudson, Knudson.anitana,gmail.com
Jason Meyers, jasonemeyers(a,yahoo.com
Bruce Barker
From:
Sent:
To:
Subject:
Attachments:
Anita Knudson <knudson.anita@gmail.com>
Wednesday, September 6, 2023 11:59 PM
Bruce Barker
Re: Letter and Documents from the Beilands
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Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Bruce Barker Esq
Thank you for looking into the matter of the eastern roadway.
On October 16,2001 Brian Fazio, my brother (720) 352-3133 and Carl Smith entered into a roadway and utility easement
agreement.
Kathryn believes the agreement is between two landowners personally.
I have spoken to the planning department, Civil Arts Engineering (303) 682-1131, my lawyer Jeff Bergstrom (303) 217-
4876, the previous Town of Firestone planner, Cheri Anderson and my brother Brian.
All of these people explained to me that the easement is for the LAND owned by Brian and Carl not for themselves
personally.
Carl and Brian later widened the front portion of the easement to 60 feet on November 1, 2001.
On August 30, 2005, I purchased 5.7 acres along with my husband from Carl. He wanted the property in the shape of a
reverse flag pole so he agreed to "An exclusive easement over and across the following describe property for access and
driveway purposes"
Unfortunately the easement description was incorrectly done but the intent was clear since we all signed the deed.
Shortly after my divorce in 2009 under the guise of neighborliness Walter Cooper did put up a wire fence for me. He
removed the two existing gates, so I had my landscape company make a "farmers gate" at each end.
Sometime before May 4, 2017 Walter Cooper and placed a closed gate at the start of the 40 foot easement. Brian
suggested I remove the gate. Instead, my lawyer Jeff Bergstom sent a cease and desist letter to Walter and
Kathryn. After that the gate was left open.
On May 4, 2017, my son Erik was yelled at and bullied by Walter and Kevin after trying to mow by the roadway.
We did not attempt to mow again because:
1. Kathryn apologized for Kevin's action.
2. I figured lawyers could fight it out.
3. After talking to the O'Connor's, I found out that Walter had threatened their son with a gun for walking up the
roadway. The police were called. I was concerned for the safety of my family.
When reception 647447998 was platted by Civil Arts, we discussed the errors in the August 30, 2005 deed easement
description. The Planning Department, Civil Arts and Jeff Bergstrom all agreed the description should be corrected and
that the October 16,2001 easement allowed me access to the roadway. Because I did not want buyers of the lots to
have difficulty getting utilities to their prospective properties I put in an additional easement on the westside of the
properties.
I have jumped over my fence to help Walter put out a control burn that has gotten out of control. I replaced my fence at
my own expense when the Beilands removed it. I did not take legal action against the Beilands when they were hitting
golf balls into my hay field which could damage farm equipment. All of the families along the roadway have used my
veterinary services. I would be very grateful if you could clarify the implications of the October 16, 2001 easement
agreement for everyone.
If you have any questions for me, I am available any day from 12:30pm to 2pm (my lunch break) or in the evenings at
(303) 241-4405. Anita Knudson
On Tue, Sep 5, 2023 at 4:12 PM Bruce Barker <bbarker[atweld.gov> wrote:
Ms. Knudson:
Please see the attached documents. The letter is from attorney Scott Clark on behalf of Kathryn and Kevin Beiland. As
you can see, the Beilands are claiming that you and your successors in interest to the various recorded exemption lots
have no legal right to utilize the road lying east of the various lots.
Please let me know your thoughts regarding the attached no later than Friday, September 8, 2023. Thanks.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential,
or otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient is
strictly prohibited.
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Bruce Barker
From:
Sent:
To:
Cc:
Subject
jasonemeyers@yahoo.com
Thursday, September 7, 2023 6:52 PM
Bruce Barker
Anita Knudson; JASON Hebert
Beilands Easement Issue
Caution: This email originated from outside of Weld County Government. Go not click links or open attachments unless you recognize the
sender and know the content is safe.
Bruce,
Thank you again for taking my call this morning, and sending along the information that was provided
to you. In your email you indicated that you wanted a response from Anita Knudson on the matter
before tomorrow. It is my understanding she has already responded, but I hoped to provide additional
information. I understand your position that this is not an issue for the County to mediate, and
appreciate your response. Regardless, I wanted to provide additional information which you may find
relevant.
In review of the information provided by Mr. Clark on behalf of the Beilands, it appears some relevant
information is missing. Of note, is the 2003 plat (Rec. #2087053) which calls out the perpetual non-
exclusive easement at issue that was recorded in 2001 (Red. #2897008). As reflective in that plat
map, Lot B RE 3310 ("the Property") was granted a 40 foot shared access easement which included
the successors and assigns. Subsequent to this plat filing, another easement agreement was record
in 2004 (Rec. #3236888). This agreement clarifies the access by creating an additional easement for
those properties bordering CR 20 on the south end of the easement.
Of note in the title history, the original creator of the easement at issue, Mr. Carl Smith, contracted
and deeded a portion of the Property to Ms. Knudson in August of 2005 (Rec. #3325370). In that
deed, Ms. Knudson was granted a portion of the Property "together with all ... right, title, interest,
claim and demand whatsoever of the grantor." This would include the access easement from 2001
and 2002, along with the attached responsibility for maintenance. Later that year, September 2005,
an amended plat was recorded by Mr. Smith which created the flag pole lot (#Rec. 3325372). He then
transferred ownership from himself to himself (Rec. #3325374) that same September. This parcel
was subsequently transferred to Ms. Beiland in 2014 after Mr. Smith deceased (Rec. #4023920). The
September 2005 plat amendment (Rec. #3325372) would not have affected the rights afforded to Ms.
Knudson that were previously transferred in August of that same year as Mr. Smith would no longer
have the right or ability to divest interests he had already transferred to another.
Fast forward to 2021. Ms. Knudson worked through the county process to create additional lots from
the Property transferred to her in 2005. The 2021 plat reflected correctly the easements that were in
place since 2001 for the benefit of the properties (Rec. #47070321). As a subsequent purchaser of
LOT A of that exemption plat, I would have the same rights and responsibilities afforded to Ms.
Knudson in the 2005 transfer from Mr. Smith. As would the owners of LOT A RECX19-0086, Jason &
Keri Herbert.
While I appreciate the County does not wish to step into what could otherwise be a civil matter, it is
clear that the easement granting access to both my property and that of the Herberts, is still in effect
despite the claims made by Mr. Clark on behalf of the Beilands. Given the clear chain of title in favor
of myself and the Herberts, I would request the County affirm our position. Regardless, I will provide
further communication in this same vein to Mr. Clark as well. Again, I appreciate your time this
morning on this matter. Please let me know if you have any questions for me on this matter.
Regards,
Jason Meyers, Esq.
CO BAR #45263
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