HomeMy WebLinkAbout20211153.tiffBillie Moore
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Kim Ogle
Friday, July 31, 2020 7:48 AM
Billie Moore
Wendi Inloes
FW: TWP fee parcel acquisitions
Disclaimer.pdf; Disclaimer.pdf
Follow up
Flagged
Billie
Please add to property index in accela along with Bob's determination and attached docs
Thank you
Kim
From: Diana Aungst <daungst@weldgov.com>
Sent: Friday, July 31, 2020 7:41 AM
To: PLBIdgAll <PLBLDGALL@CO.WELD.CO.US>
Subject: FW: TWP fee parcel acquisitions
Hi all:
Please see the email below about the two parcels that were created by Thornton for their water pipeline
appurtenances. These parcels will appear to be illegal land splits. Please note that they are legal.
Thanks,
Diana Aungst
Planner
Weld County Department of Planning Services
1555 N. 17th Avenue - Greeley, Colorado 80631
D: 970-400-3524
O: 970-400-610 0
Fax: 970-304-6498
daungsta().weldgov.corn
www. weldgov. corn
111O
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From: Tom Parko Jr. <tparko@weldgov.com>
Sent: Thursday, July 30, 2020 4:22 PM
1
To: Diana Aungst <daungst@weldgov.com>
Subject: Fwd: TWP fee parcel acquisitions
FYI
Sent from my iPhone
Begin forwarded message:
From: Bob Choate <bchoate@weldgov.com>
Date: July 30, 2020 at 4:21:16 PM MDT
To: "Tom Parko Jr." <tparko@weldgov.com>
Subject: TWP fee parcel acquisitions
Tom,
As we previously discussed, Thornton had requested we agree that their acquisition of certain property in
fee was exempt from the definition of "subdivision" in the statute, and therefore they could acquire
certain property for the purpose of building pump stations without having to comply with our subdivision
ordinance. Because they included this in their condemnation cases, I filed disclaimers that expressly
agreed with that interpretation. See attached. For your records, the two affected parcels are listed below.
My recommendation is to simply note these two in our internal files so we know not to lock them due to
an illegal subdivision, because otherwise it might look like that.
• SPABS LLC, parcel 55519000016
• William Wycoff, parcel 146933000019
Let me know if you want to discuss.
Thanks,
Bob Choate
Assistant Weld County Attorney
1150 `O' Street, Greeley, CO 80632
(970) 336-7235
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intended only for the person or entity to which it is addressed and may contain information that is
privileged, 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.
2
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9i1 Avenue, P.O. Box C, Greeley, CO
80632, Phone Number: (970) 475-2400
Case Number: 2020C V30451
Division: 4
Petitioner:
THE CITY OF THORNTON, a home -rule municipality
vs.
Respondents:
SPABS, LLC; et. al.
Bob Choate, Assistant Weld County Attorney, Attorney Reg. #40588
1150 '0' Street, P.O. Box 758, Greeley, CO 80632
Phone: (970) 336-7235, Fax: (970) 352-0242 bchoate(u6veidgpv.com
DISCLAIMER OF WELD COUNTY BOARD OF COUNTY COMMISSIONERS
AND WELD COUNTY TREASURER
AND WELD COUNTY PUBLIC TRUSTEE
COMES NOW the Respondents Board of County Commissioners of Weld County, and John
Lefebvre, Jr., as Weld County Treasurer, and as Weld County Public Trustee (as successor in interest
to Susie Velasquez), by and through the Assistant Weld County Attorney below named, and submits
this Disclaimer, as follows:
. The Petition in Condemnation provides that:
"Board of County Commissioners Weld County is named because it may have an
interest in the Property pursuant to a Right of Way recorded on October 14, 1 889 at
Book 86, page 273. In addition, with respect to the fee parcel described in Exhibit A,
Weld County is given notice that this acquisition is exempt from the County's
subdivision or recorded exemption process requirements pursuant to C.R.S. 30-28-
101(10)(c)(II) which exempts from the definition of "subdivision" or "subdivided
land" any parcel of land: "[w]hich could be created by any court in this state pursuant
to the law of eminent domain, or by operation of law, or by order of any court in this
state if the board of county commissioner of the county in which the property is
situated is given timely notice of any such pending action by the court and given
opportunity to join as a party in interest in such proceeding for the purpose of raising
the issue of evasion of this part 1 prior to entry of the court order; and, if the board
does not file an appropriate pleading within twenty days after receipt of such notice
by the court, then such action may proceed before the court."
2. With the understanding that the Petitioner makes no attempt to condemn the section line
road right-of-way (ROW) described in the document recorded at Book 86, page 273, the
Board of County Commissioners disclaims any interest in the instant condemnation
action. The Board asserts that all work to he completed within the Weld County ROW
shall require a permit pursuant to Weld County Code Chapter 8, Article 13. The Board
further agrees that the all parcels resulting from the Petitioner's condemnation of the
property rights described in the Petition, including the fee parcel described in Exhibit A
to the Petition, arc exempt from the statutory definition of "subdivision" and arc
therefore not required to comply with the Weld County Subdivision Ordinance. The
Board does not object to any order of the Court holding the same.
3. The Petition in Condemnation further provides that: "John R. Lefebvre, Jr., in his
official capacity as the Treasurer of Weld County, Colorado, is named as a Respondent
per C.R.S. § 39-3-134,"
4. Respondent John Lefebvre, Jr., Weld County "Treasurer, disclaims any interest and takes
no position as to the merits of the issues litigated in this condemnation action. The
Treasurer retains the right and duty to collect taxes and special assessments associated
with the property, if any, including statutory liens and other enforcement actions
authorized by law. Such liens have priority over all other liens as provided in C.R.S. §39-
1-I07. If the property to be condemned will be owned by a tax-exempt entity, such entity will
still be responsible for the payment oftaxes attributable to the property from January I st of the
year the property is condemned, prorated to the day the tax-exempt entity takes possession of
the property. If any special assessments attributable to the property being condemned remain
unpaid at the time that the Assessor creates the division of property based on a condemnation,
the tax-exempt entity will be responsible for payment of those special assessments as well. If
this action is for condemnation of less than the entire parcel (a "partial take"), the Treasurer
generally does not collect special assessments from the condemning entity.
5. The Petition in Condemnation further provides that: "Susie Velasquez, in her official
capacity as Public Trustee of Weld County, Colorado is named because she may have an
interest in the Property per a Deed of Trust recorded June 10, 1994 at Reception No.
02392816."
6. Respondent John Lefebvre, Public Trustee for Weld County, State of Colorado, as
successor in interest to Susie Velasquez (who is named solely in her official capacity)
takes no position as to the merits of the issues litigated in this proceeding, and disclaims
any right, title, or interest in and to the property affected by this proceeding except as
provided in the Deeds of Trust recorded in the records of the Weld County Clerk and
Recorder.
WHEREFORE, the Respondents requests that they may proceed without cost, and that this Court
enter such judgments and decisions as are appropriate in the circumstances, preserving to the
Treasurer such rights and claims for the liens for general taxes and special assessment, if any, as
they attach to the subject property affected by this proceeding, and preserving to the Public
Trustee such rights and claims provided in the Deeds of Trust recorded in the records of the Weld
County Clerk and Recorder.
RESPECTFULLY SUBMITTED this 30°i day of July 2020.
WELD COUNTY
Bob Choate, #40588
Assistant County Attorney
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing DISCLAIMER
was served on all counsel of record via the Colorado Courts E -Filing System.
DATED this 30`1' day of July, 2020.
Diane Beckman, Paralegal
Hello