HomeMy WebLinkAbout20210036.tiffWELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 336-7235
FAX: (970) 352-0242
1150 `O' STREET
GREELEY, COLORADO 80632
December 29, 2020
Richard and Perla Haro
Via Email Only: pceresas@gmail.com
Re: Access onto County Road 49 from County Road 32
Dear Mr. and Mrs. Haro,
We've received your letter to the Board of County Commissioners regarding the use of County
Road (CR) 32 right-of-way (ROW) on the west side of CR 49. CR 49 is a controlled access County
Highway. Pursuant to an intergovernmental agreement (IGA) between Weld County and the
Towns of Hudson, Keenesburg, and Kersey, all vehicle access points onto the CR 49 are identified
in the CR 49 Access Control Plan (ACP), which is generally available to review at
https://www.weldgov.com/departments/public works/access control plans/WCR 49. As you
can see from the attached Aerial Plot 7 of 10 from the ACP maps, there is no access identified for
CR 32 on the west side of CR 49. Allowing an additional access at this location would require an
amendment to the ACP in accordance with section IX, including the approval of a minimum of
three out of four of the IGA signatories. Note that, because of the controlled access nature of CR
49, additional improvements may be required at the intersection of CR 32 and CR 49, which may
include acceleration and deceleration (turn) lanes. Given your concern about the costs of
constructing a driveway to your home, this doesn't appear to be a feasible option for you.
Your parcel was created by deeding the property south of the East Neres Canal, which is owned
by the Farmers Reservoir and Irrigation Company (FRICO). FRICO often negotiates with private
property owners to allow vehicular access across their canals. I suggest you contact FRICO and
negotiate a crossing agreement with them. Like your neighbors to the north and west, access onto
CR 47 is likely your most cost-effective option. Please note that access onto CR 47 will require an
Access Permit under Weld County Code Chapter 8, Article XIV, and any bridge or other structure
built within the CR 32 ROW will require a ROW Use Permit in accordance with Chapter 8, Article
XIII.
I understand this is not the solution you were requesting. However, the prior owners of your
property likely accessed it from some other location than CR 49, as there is no existing road or
access location on CR 32.
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Please contact us with any questions or comments you may have.
Respectfully,
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Bob Choate
Assistant Weld County Attorney
bchoate@weldgov.com
cc: Esther Gesick, Weld County Clerk to the Board
Enclosure(s)
Dear Commissioners of Weld County,
We would like to set up a meeting to discuss our problem.
RECEIVED
NOV 2 3 2020
WELD COUNTY
COMMISSIONERS
On October 20, 2020 we had a meeting with Public Works to get an access permit for a public right away
off of CR 49, west of CR 32. From our understanding this is a public road that was created back in the
late 1800's and it was created 80 years before the subdivision of the north. Public Works would give us a
permit only if we build a full county road for half a mile to our property. We were shocked to hear Public
Works needs us to build a driveway to our parcel to county road standards for half a mile from the
maintained county road because to them, this public right of way it's a "subdivision road".
To our understanding this public right away its 60' wide called CR 32. We need this access because it's
the only access we have to our property. We are landlocked. We are looking forward to building our
dream house for us and our three little ones. We are blocked by a private ditch and the county has no
other roads for us to use. Mostly everyone around us has a way out except us and two more parcels.
As we were in the meeting with Public Roads, we were even more in shock to hear that it would cost us
at least 100,000( one hundred thousand) to build our driveway to full road standards. We do not have a
business, this is only residential. We have visited friends in the past that have their driveways on county
roads that do not get maintained and they are only dirt driveways.
We weren't expecting this outcome for us to build a full county road. We have never seen or know
anybody that has had to build a full county road out of their own pockets.
If you could please reach out to us to set up a meeting to discuss our problem as this is a burden to us
and will affect us building our home for our family. Phone number is 970-313-8496 or email.
pceresas@gmail.com
We hope to hear from you soon.
Sincerely,
Richard and Perla Haro.
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