HomeMy WebLinkAbout760708 C.C. S .'F.2"";,
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Gr*eiey, cow, 80037
August 2 , 1976
Board of County Commissioners
Weld County
9th Ave . & 9th St.
Greeley , Colo . 80631
Gentlemen:
I wish to call your attention to a plot of ground under control
of Hill-n-Park Inc . , a real estate developer mobile home sub-
division) on 52 Rd. near 35th Ave . , approximately 5 miles south-
west of Greeley. .
The history of this piece of ground is that it is an old bean
field that was planted to crested wheat grass . Then the developers
decided to expand and scraped off a good part of the area to pro-
vide new lots with utilities . This then grew up to weeds , chiefly
russian thistles ( tumbleweeds) which during the windy months
(Nov. to June ) blow in large quantities into yards, many times
stacking in front of garage doors to the height of garage door
itself. One can expect a few tumble weeds . .from fence rows and
ditch banks , but this outfit is raising 40 acres of them. ,,iso
the grasshopper infestation from the untended ground makes it al-
most impossible to raise a garden.
This amounts t9a public nuisance and in the county where I came
from (Montrose ) , a land owner was responsible for keeping his
weeds mowed or the county commissioners would do it for him and
send him the bill .
Jhatever authority you possess in this matter I would like to see
used to see that the weeds are mowed about the first of October .
late enough so that re-growth will not be there to blow all win--
ter and spring.
Yours truly,
`S` j�
C . C . .Sheats ,, Jr.
cc: Steve Hannon , Attorney at Law
718 17th St. , Suite 1800
Denver, Co . 80202
760708
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`~'Y ? OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE (303) 353-2212 EXT.221,222&223
P.O. BOX 758
GREELEY,COLORADO 80631
rat 7'+ ° .z "".L' "'• STATE OE COLORADO
COLORADO COUNTY Of WELD a®'
r with tin Cicrk of the Board
of County Commissioners
Ju 01975
June 30, 1975
COUNTY CI ERK AND RECORDER
By Deputy
To Whom It May Concern:
Mr. Robert Linlner is the current contract owner of
Lot 17, Block 5, Hill-N-Park Subdivision known as
4106 Yosemite Drive. Mr. Lintner is in the process
of selling this property and has requested permission
for the new owner to park a 65' mobile home on the
existing mobile home pad.
Due to the location of the pad, a 65' mobile home
will not be as far fLuni the fence as the regulations
require. However, it is the feeling of the Board
that since this situation was created by the original
subdivider the current owner should not be penalized.
Therefore, the Board of Weld County Commissioners
has approved Mr. Lintner's request.
Reg s,
/r%9Lj
Glenn K. Billings, Chairman
Board of Weld County Commissioners
vm
WELD COUNTY COMMISSIONERS
GLENN K. BILLINGS
VICTOR JACOBUCCI
ROY MOSER
HANNON Sc CRAIG
ATTORNEYS AT LAW
1115 ELEVENTH STREET
GREELEY,COLORADO 80631
JAMES R.CRAIG,JR. TELEPHONE 352-0285
STEVEN M.HANNON AREA CODE 303
September 12, 1974
Mr. Samuel S. Telep
County Attorney for Weld County
220 First National Bank Building
Greeley, Colorado 80631
RE: Abatement of blowing dust in
vicinity of Hill 'N Park Subdivision,
Greeley, Colorado.
Dear Mr. Telep:
Thank you for your letter of August 28th relating to my request,
on behalf of several property owners in the Hill 'N Park Subdivision,
for the Weld County Commissioners to take action to abate sand and
dust blowing from property to the west and north of the Hill 'I4 Park
Subdivision.
I have reviewed your recommendations and plan of action outlined
in your letter and I have discussed the matter with my clients in
Hill 'N Park. It is our collective opinion that the existing sparse
weed growth is not sufficiently developed to maintain the soil integrity
while the growth is in the winter dormant state nor will the new spring
growth occur before the late winter and early spring winds begin. In
addition, any planting done now or next spring will likewise be ineffec-
tive with respect to controlling the next season's wind conditions.
It appears to be abundantly clear that the only available remedy to
prevent a recurrence of the past year's blowing sand during the upcoming
season is to construct a drift fence upon the property immediately
west and north of Hill 'N Park Subdivision. The drift fence should
be constructed at a sufficient westerly distance from the Hill 'N Park
Subdivision so that when the sand blows the drifts will be contained
upon the adjacent property.
As it stands now, the persons I represent and many others within
Hill 'N Park have had to live through an entire spring and summer
with their yards very largely filled with sand which has blown from
the property under discussion. In the face of this gross encroachment
upon the use and enjoyment of their respective properties, they are
HANNON 8c CRAIG
Mr. Samuel S. Telep
September 12, 1974
Page Two
all very reluctant to cleanup the mess only to have the sand blow
in again next spring. Accordingly, we respectively request that
the drift fence mentioned in your letter be constructed well in
advance of the time when the annual winter and early spring winds
normally begin.
Very ruly yours,
4;44; 1'^
Steven M. Flan on
Denver office:
718 - 17th Street, Suite 1000
SMH/mdw Denver, Colorado 90202
971-1920
cc: Board of County Commissioners
Mr. L. A. Stephenson
• • t''Z7 " ''1"
HANNON 8C CRAIG
ATTORNEYS AT LAW
IRS ELEVENTH STREET
GREELEY,COLORADO 80631
JAMES R.CRAIG,JR. TELEPHONE 352-0285
STEVEN M.HANNON July AREA CODE 303
11, 1974
CERTIFIED MAIL 4T
RETURN RECEIPT REQUESTED COUNTY OF WELD ss.
Filed with the Clerk of the
of County Commissioners Board
Board of County Commissioners
Weld County Courthouse JUL 1 8 1974
Greeley, Colorado 80631
COU4ry CLERK AND RECORDER
Re: Abatement of blowing dust
Dear Sirs :
This office represents the following persons, property
owners in Hill 'N Park Subdivision, Weld County, Colorado:
L. Adair & Lois M. Stephenson
4707 Yellowstone Dr.
Keith & Mary Ann Eisele
4119 Yosemite Dr.
George E. & Pearl M. Pfalzgraff
4205 Yosemite Dr.
Christopher C. & Hazel A. Sheats
4207 Yosemite Dr.
Leonard A. & Ruby Abbott
4209 Yosemite Dr.
Earl C. & Betty L. Woolery
4701 Yellowstone Dr.
Their properties are all contiguous to property owned by West
Hill 'N Park, Inc. located in the Southwest Quarter (SW4) of
Section 26, Township 5 North, Range 66 West of the 6th P.M.
During the past several months large quantities of
a69/ f-
HANNON & CRAIG
Weld County Board of Commissioners
July 11, 1974
Page two.
sand and soil have blown from the property owned by West Hill
'N Park, Inc. , as described above, onto the properties of the
individuals described above.
Pursuant to the provisions of 1963 C.R.S. , 128-3-3
(1965 Perm. Supp. ) you are respectfully requested to cause
an inspection to be made of the above-described property owned
by West Hill 'N Park, Inc. to determine if soil is blowing
from such property in sufficient quantity to be injurious to
adjacent properties owned by the individuals named above, and
to determine what, if anything, can be done to prevent or
materially lessen such blowing of soil from the property. In
addition, if it is found that such blowing can be prevented or
materially lessened by treatment of the soil, you are further
requested to issue an order to West Hill 'N Park, Inc. specifying
the nature of the treatment required and the extent thereof and
the date by which such treatment is to be commenced and the date
to be completed.
The aforesaid property owned by West Hill 'N Park, Inc.
consists of more than one acre, specifically 126.372 acres , more
or less, and is particularly described as follows:
Beginning at the Southwest Corner of said Section 26, and
considering the South line of the Southwest Quarter of said
Section 26 to bear South 89° 38' 00" West and with all the
other bearings contained herein being relative thereto:
Thence North 01° 11' 12 " West, along the West line of the
Southwest Quarter of said Section 26, 2 ,642. 57 feet to the
West Quarter Corner of said Section 26, said quarter corner
also being the southeast corner of Lot 1, Block 1, Third
Filing of Arrowhead Subdivision as platted and recorded in
the records of Weld County; thence North 88° 32 ' 56" East,
along the North line of the Southwest Quarter of said
Section 26, 2 , 349. 03 feet; thence South 18° 40' 20" East,
957. 00 feet to a point on the outer boundary of Hill 'N Park
Subdivision as platted and recorded in the records of Weld
County; thence along said outer boundary by the following
three courses and distances :
South 840 51 ' 35" West, 122 .66 feet; South 89° 38' 00"
• •
• HANNON Be CRAIG
Weld County Board of Commissioners
July 11, 1974
Page three.
West, 649.69 feet; South 00O 22 ' 00" East, 1,754.54
feet to a point on the South line of the Southwest
Quarter of said Section 26;
thence South 89° 38 ' 00" West, along said South line,
1,839.67 feet to the point of beginning.
We respectfully request that we be notified of your
intended action pursuant to the within request.
Very truly yours,
HANNON & CRAIG
B
CZi.,le/ZrAPt4n9l'n--d
Steven M. Hannon
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OFFICE OF COUNTY ATTORNEY
SAMUEL S.TELEP
COUNTY ATTORNEY
PHONE (3031 352-2369
220 FIRST NATIONAL BANK BUILDING
WI
C GREELEV COLORADO 80631
O August 28, 1974 I D
•
COLORADO TATS F COLORADO
ss.
COUNTY OF WELD
Filed with the C..rk of `he uoard
of County Comm.ssioners
Mr, Steven M. Hannon, Esq, AUG 2 2 Iuf4
1115 Eleventh Street
Greeley, Colorado 80631 COUNTY CLERK AND RECORDER
By Deputy
Dear Mr, Hannon:
Re: Abatement of blowing dust in vicinity of
Hill 'N Park Subdivision, Greeley,
Colorado.
Your recent letter sent to the Board of County Commissioners,
Weld County, Colorado, regarding the blowing dust problem that appeared
to be of concern to the owners in the Hill'N Park Subdivision, Weld County,
Colorado, has been turned over to this office for attention, and its contents
have been noted.
Immediately upon receipt of your communication, the Board of
County Commissioners instituted an extensive investigation of the area
involved to determine what, if anything, could be done to abate the blowing
sand. The owners of the particular area subject to blowing have been
contacted and it is my understanding that they are doing everything possible
w ithin the purview of the statute to avoid continuation of blowing sand that
might have been objectionable.
Further investigation reveals that the problem, at least temporarily,
has been abated due to weeds that have grown there which have a tendency
to help hold this sandy soil.
It has also been brought to the attention of these landowners that
some cover crop or grass should be planted in this area either this Fall
or next Spring so that when the wind blows again, all, or a greater portion
of the sand will stop blowing ontoyouur clients' property. I am further
advised that if there is not any appreciable plant growth on subject property
by next Spring, that a snow fence may be recommended to be installed
about 100 to 150 feet west of your clients' property line, thus causing any
blowing sand to drift near said fence instead of drifting on into the yards of
your clients.
WELD COUNTY COMMISSIONERS
HARRY S.ASHLEY
GLENN K. BILLINGS
•2 ROY MOSER
i •
Mr. Hannon
August 28, 1974
Page 2
In view of the above, it appears that the condition complained of
can be halted; however, if blowing still persists, then the Board may have
no alternative but to recommend deep plowing or, under the statute, cause
subject property to be deep plowed in order, hopefully, that this situation
can be abated permanently. Haying been a farmer most of my life, it has
been my experience that if the soil is very sandy, even deep plowing will
not help the situation because when the wind blows constantly, the furrows
eventually fill up and the sand continues to blow across and onto neighbors'
yards. I hope this will not happen here and we are doing all within our
powers to contain the problem.
I trust that I have thoroughly answered you inquiry and that you will
have no further need to contact the Board of County Commissioners.
Very truly yours,
Samuel S. Telep
County Attorney
SST/jib
,Vcc Board of County Commissioners
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