HomeMy WebLinkAbout3340 Kipling Street
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7lolJl, ~575 J.i!'" i!'lIo~ i!6-,s
3. Service Type CERTIFIED MAil
4. Restricted Delivery? (Extra Fee) ;] Yes
1. Article Addressed to:
Rocky Mountain Ditch
C/o Wade Isham, Neil Jaquet
P.O. Box 507
Golden, CO B0402-0507
MAY 1 4 20(;
SE~~Jheat
RE: DUl'1ping/Trash-UltCn Klgnt-
of Woj'
PS Form 3811, June 2000 Domestic Return Receipt
Ridge Bldg Dept
[JAgan!
CAddressee
DVes
DNa
The City of
7500 WEST 29TH AVENUE . WHEAT RIDGE, COLORADO 80215
CWheat
<Ridge
May 7, 2001
Rocky Mountain Ditch
C/o Wade Isham, Neil Jaquet
P.O. Box 507
Golden, CO 80402-0507
1~2/0
~
RE: Dumpin!! and trash within ditch ri!!ht-of-wav
Dear Mr. Isham and Jaquet,
It has come to our attention that your ditch right-of-way located north of Jellison Street, South of
West 34th Avenue, East of3370 Kipling Street and west ofIndependence Court, located within
the City of Wheat Ridge (see attached map) is in violation due to trash, dead tree branches and
weeds.
Pursuant to CRS 37-84-101, 37-84-107 and 37-84-119 it is the ditch owners responsibility to
maintain ditch embankments and property in good order and repair.
The City will require that the area of concern (see attached map) be cleaned up by way of
removing the dead tree branches, trash, weeds (exceeding twelve (12) inches in height) and
maintain the ditch property.
The City will require that the ditch property be removed of all trash and weeds with (7) seven
days after return receipt of this letter is received in our office.
Any questions or comments may be directed to 303-235-2853.
Sincerely,
~~
Darin rgan
Cod dministrator
---
Certified Article Number
7:1.01. 1i575 :1.29'1 2"lb1i 2&'15
. . .
Cc address file
CODE file
Alan White, Planning and Development Director
Bob Goebel, Public Works Director
(303) 234-5900 . ADMINISTRATION FAX: (303) 234-5924 . POLICE DEPARTMENT FAX: (303) 235-2949
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3244 Jellison Street
Wheat Ridge, CO 80033-5761
Telephone: 303 234-1190
May 2, 2001
Darin Morgan
Supervisor
Code Enforcemen
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80215
SUBJECT: Junk and Illegal Dumping within Rocky Mountain Ditch right-of-way
Dear Darin,
Thank you for agreeing to come to our residence today to view the pile of junk and trees behind
our home, This letter documents the problem and our attempts for the past year to have this
situation corrected by your department.
PROBLEM: Dead trees and brush have been piled on the opposite--north-bank of ditch easement
immediately behind our residence, which is located on the south side, for several years, A Rocky
Mountain Ditch representative was notified in the spring of 2000 and stated it is a resident
problem unless directly interfering with the ditch. Subsequently Code Enforcement of Wheat
Ridge was notified,
DANGER: Fire hazard: In spring of 2000 two fires occurred in the Rocky Mountain Ditch area
near our home. Proposed construction of a ten-lot subdivision at 9737 W, 32nd, which borders on
the south side of the ditch, will further increase risk due to flammable materials, workmen
smoking, etc. Youths are often seen walking through the ditch and have been observed smoking
and were responsible for one of the above mentioned fires. Two neighbors, Virginia Laferty, 3240
Jellison, and Cheri Metzinger, 3236 Jellison, have also expressed concems about fire danger.
Additional hazards include rodents and a large coyote has had a den in the debris this winter,
Also, it is an unsightly view to the north from the back of our home, where most of our windows
are located.
CHRONOLOGY OF CONTACTS WITH CODE ENFORCEMENT DEPARTMENT:
Spring, 2000 Message was left with secretary, Mary Lou, "Joe" was to return call--no response,
7-1-2000 Two large, mature cottonwoods on opposite ditch bank (within 10 feet, which is ditch
property) were cut down by Mr, England, who lives directly behind our residence and added to
pile of trash timber. My husband, John Anthony, asked him why he was cutting down the trees
which we enjoyed having in our landscape-windbreak from the north, provided homes for birds
and squirrels, as well as blocked our view of other residences. He stated the cotton ll.ot in his air
conditioner and that it was his property. When John asked ifhe planned to remove the two trees
he had cut, he replied he would. The dead trees are still there.
7-4-2000 Fire Danger Warning, press release, and fireworks banned.
7-5-2000 Message left with secretary, Mary Lou. Joseph Ramirez, Code Enforcement Officer 1,
returned call and agreed to come out.
7-7-2000 Joe came, looked at trash pile and agreed there was a code enforcement problem.
7-17-2000 Joe came and took pictures from the back of our yard. He stated codes were being
checked into and a notice would be sent. Joe requested I call back in 10-14 days for further
progress.
8-1-2000 Message left on Joe's voicemail--no response.
8-7-2000 Construction equipment moved in on property at 9737 W. 32nd Avenue bordering
ditch,
8-8-2000 Darin Morgan, department supervisor, answered my telephone call and problem was
explained. He said he would leave Joe a message and Joe promptly returned my calL He reported
that a receipt of mail delivery had not been received and "may take 2-3 weeks", Urged Joe to take
action as beginning construction project would increase fire danger and also, with Wheat Ridge
High School starting more students would be walking through the ditch.
8-31-2000 Date on photos taken of ditch by Donna Hallewell, owner.
FalV2000 Message left for Joe, no response,
At some point I did reach Joe and he came over again. Apparently, Mr England responded to the
notice and came to see Joe at his office. Mr. England reportedly told Joe that he had removed
some of the trash and would continue to do so intermittently, and as his business involved traveling
out of town, he requested more time, which Joe granted.
December/2000 Message left for Joe, no response.
4-18-2001 Date on photos taken by Donna Hallewell, owner.
4-25-01 "Forecasters Warn of Spring Fires"---The Denver Post
5-1-2001 When comparing the two sets of photographs, it would appear that absolutely nothing
has ever been done. Once foliage grows up in the summer and fall, it is hard to judge the size of
the trash pile.
4-30-01 Voice mail messageleftwithOdarkaFiglus.CityCouncilwoman.Districtm.No
response.
5-1-01 Voice mail message again left with Odarka Fig1us with no response,
5-2-01 Darin Morgan contacted, made appointment to view trash today.
Darin, we are contacting you because a year later we are still confronted with the danger oflosing
our home, and possibly other homes in this neighborhood by fire. Obviously, we are very
frustrated by the lack offollow-up and/or enforcement of the existing laws by your department.
Sincerely,
9HiftLtl ry #?'-- { ~~'e {. L
Donna L Hallewell
",pr-Q3-2001 08:$4
,~-
Frlllt'-tOORS
t
T-/45 P 001/008 HIO
,
LICENSE AGREEMENT
AND
GRAm, CONvEYANCE AND CONFrnMA TION
RIGIIT-Of-WAY
THIS AGREEMENT, made this 1.1~ day of JiiIl'''Ja...-y ~
.;lOll I , betweeD THE ROCKY MOUNTAIN WATER COMPANY, . Colorado
ColpOratioD hereina1ler referred to as "Lie_or", whose addre.. I. P.O. Box 507,
Goldco. Colorado 80402-0507, aod f\w1.-1l1otv/ ",",I'!',,") (""p~^" L..c. ,hereinafter
J'
referred to as "Licensee", whose address is q'J 3'7 II\! , 3?. rJ 1\.4....."'-', Cth, ".I.WI2~., C.
...
and, (if any) n fo.. . hereinafter referred to as
"Mortgagee'l.
WlTNESSETII TIIA T:
I. T i~MMrPrt)J)I'rrtY: UeensoriG the owner and operator ofan eoc.isting ditch system
including the rights..of~way and secondary easements for the use, operation aud
maintenance mereof for the puzpose of diverting, controUing, transporting)
carrying, delivering and disposing of waters; and
2. Licensr:e Property: Licensee, is the: QwneI of certain land and property more
parrieularly described as follows: 9'73? wc~+ 3;;l.d 1+\IV<\UiO
lA)hud- 12..d.'S.e. I !lo!ffC.d.b <;s'Do:,3
located in the Counly of :Tl>A~ ..v('<,ll Cl
, State of
Colorado upon which a portion of IJcensor's ditch system. rights-of-way and
secondary easements are located; Ilnd Mortgagee is the owner of a Mortgage or
Deed of Trust on said property recorded in Book ~. Page _' in the
record& of said County and State.
iJt@
Relocation anti/or ~tmctureR: licensee desires to rel1JIJRtQ' lIiIld/or 8S.KMlfR tilt
.natme flflelleeatieB. efa paRii'll ,fliIiRlJu'. _..:.,: g ftihl. ~r.~A~ --..I ---=gl i _r
'''a:r eft J...i601tiiee's pmpelt) _ insta1t~ construct, maintain and use certain
strueture(s) associated therewith briefly described as follows:
SN (;~hd)jr- It
existing rights in and 10, and III the extenl (if any) nol covcctd by Lic=r',
!/.IA existing rights, GRANTS, BARGAINS, SELLS, CONVEYS, ASSIGNS, and
c;).7J'/ Q"'\~C""hl\~ -.~.-~'.:ftIt::aff8 _.41. ..JI F8M.,'BR ~m wHo Licensor, its successors and
assigns forever, a permanent, c.xclus:ive C8SClIlcnt and right-of-way for ditch. canal
or other Blruoture used 10 transport, oM!}' and deliver or dispose of water, said
@ right-of-way 11.;81 L--) f... i8 wla.h, L-) feel all Il1c
( \ 1IUf/'" ri.l. gf a lin..: a.B&sPihl:d &I
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Fro:r-COOiS
I-lj! PD01l001 HIO
Page 2
RMWC License Agreement
4. Consideration: Licensee has offered to carry out the covenants aljd agreement
hereinafl.. slated to be complied with and performed by Licensee and Licensor is
willing to granr the Li"",,~e and privileae herein requested upon lite following
tenns and conditions. NOW, THEREFORE) for and in consideration of the
premises, the sums paid hereunder and the mutual Covenants and agreements of
the pBlties hereto, it is agreed that:
5. Grant anrlloT ronfirmation~of Ri&ht-of-Way: For and in consideration of the
privilege and license h....by granted, Licensee hereby CONFIRMS Licensor's
..;~t RP'"
fullows:
S.... G:th,b',.l- 'B
~ and--
TOGETHER WITH aU sIngulir any righrs'v pri vileg",~ MoeeiIaHl<l8\S;
ap~t.d~"-"'u. and ),....._ .I.~. IUM\1ftfQ "thereunto belon,aio.g to in any way
pertaining 10 the use, oporation and enjoyment of said easement and right-of-way
including, by way of description and not limitation, vc::hicular Blld pede.strim
lWC.., 10 and along with righl-of-way ~ necessary to the use,
construction. maintenane<; repaitl xeplacement, reJDOVlll and operation of said
ditch, Iatentl(s) andlor other Slnlcture(s) and rightl,of-way that Licensee shall not
c.onstruct or place any fence. building or other slnlclUre, 01' plant any shrob or tree
on any part ofth. above de8cnbed right-of-way or make or permit any use thereof
which would impair, impede or interfere with Lioensor's access to or along or full
. . .~",*(\$ p,r,u"<ltd. h........'"
free use and ",,"!CliO of the nght-of-wayVahd ShOUld LIcense<: or any heir.
successor or assign of Licc:nscc have, placo or allow any cb5tn1ction to the ditch
or the rightw(}f.way Licensor may immediately remove same without any liability
for damages arising therefrom.
v( 08,15 Proo-COJRS
Page 3
RMWC License Agreement
fii!. 6.
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+
1-141 P 001/008 HlO
~: Licensor, ~:\'itlleat "'illRRh~g th.- ....:gk~ 1:ii:l:~ .U ,1 . 'I &'-t hereby grants .
v (.tnO... r"\~nT +. ""'1'\<+r~<+- ..u-." -i"'cll;4.... ~sc"b,d- '"
licensee the privilcgC"'INMJlt' ~~ J. JilDlti1l1 If Li"n3er'll ditell and constructing eIh\.b rt A
the abovc described strUcture(s) in acconlance willi engineering plans and
specifications prepared or to be prepared and submitted to Licensor by Licensee
subject to the following terms and conditions:
a)
Plan~ anrt SDCcification~: PriG( to Ucensee's conunencem.ent of lIDY work
on the ditch or right-or-way. the engineering plans and specifications for
such work shall bave been submitted to and IIl:cepted by Licensor's
"loAN'" ~ ....,...""'.tt.!.'\ ~ """~ ""'..p+':d b~
endorsement tbcrcon ano'up.Cla aG~~.. ~.. ...._u, i _ Ii' aflfiRtlC 4+..L ltL4.v\SC
QweiA H Iixkiait 'I
b)
Supervision: All wone sban be perfurmed under tbe supervision of .
registered protessional engineer and in accordance with EXHIBIT
..~ "'s plans and spccificatinns. unle.. a m0di6cstlon thereof is
agreed to in writing by Licensor, At Licensor'. request, Licensee will
supply Licensor with "as constructed"' drawings.
0)
Commencement Jnd Timinv of Work Licensee $hall not commence any
construction on the ditch or right-of-way or affecting ditch operations
without lil1! llOtiiying and obtaining Licensor's consent to tho
commencement and scheduling of such work. Thereafter, Licensee shall
organize commence, conduct and complete all coI15trucnon and
maintenance activities with all necessary speed and diligence and in such a
fssbion as to avoid sny interterence with ditcb operation or tho full, free
flow of water through the ditch. Any and all excavations made shan be
immediately leveled off, and any damsge to the canals and laterals,
embankments, fences, roads or other improvcments of Licensor shall be
promptly repaired by Licensee at Liccn~ee's sole cost to !a~faction of
Licensor.
d) In~t1on Ami C'..omnletion: Ucensor shaH have the right lO im;pect any
relocation, construction, installation or removal of any structure by
Licensee to asSllle that such will nol interfere with thc full free flow of
weier or otherwise impair operation or use of the ditch system and right..
of-way. Licensccls work shall not be deemed satismctorlly completed
until in5poction and acceptance thereof by Licensor. Licansor's inspection
r
Fr~COORS
+
T-741 P 0041008 F-ilO
Page 4
RMWC Li=e Agreement
and acceptaIlce ,hall operate only as approval that the work nnd structure
as pcrfonned and installed by Licensee will not interfere with Licensor's
use and operation of the dilch system and right-of-way.
oj
Meohanic Liens: Licensee agrees that all design, engineering,
construction and installation or other work permitted hereunder Ls solely
for the benefit of Liceruloc and Licensee's property. Licensee ha' no
authority to create any lien for labor or material on or against Lictnsor's
property, water rights or ditch system. Licen,ee agrees to notify all
mat=ialmen, IUPPUca, OOrttraotOfl Of laborets that they mWit look ollly to
Licen.scc for payment and that Licensee hu no authority whatsoever to
bind Licensor or Licensor's property for allY costs, charges, or expenses
incurred by the work performed hereunder.
7. Construction and Maintenance of StnlctUres: Licensee covenants and agrelDS to
paibttn all work and COllitrucl any structure permined by this Agreement in a
worlmllUllike marmer and with such materials as will safely perform the purpose
for which the structure is installed. Licensee covenants to construct and maintain
any structUi'e hereunder which encloses~ bridges or provides crossing over
Licensor's ditch and right-of-wey (if any) in a workmanlike manner and with such
material as will ..fely 5UPpOrl and carry any weight., load. or ~Affic thAt may at
any time or in any manner be placed thereon.. Licensee covenants tUld agrees at
nil time. to make, keep and mainteln any alruclure provided for herounder if! .
good and safe condition and 10 repair any deterioretion, hreak, leak and/or damage
therein or thereto at ticensec.s own expense. Licensee aarecs thai ifby reason of
any deterioration, break, leak or damage in or to any structure of Licensee,
damage or injury is directly or indl.rectly caused LiceJl.$or, (hen Licensee wiH, with
all due diligence, repair and place the propCl1Y of Licensor in the same condition
as it was prior to the itUury and will pay any &rJd all monetary damages rustained
or incurred by Licc:naor. its stockholders or water users. Licensee shall continue
(0 own and bear full responsibility for the use, operation, maintenance, and if
necessary. removal of any crossing or structure permitted under this Agreement.
In the event Licensee fails or refuses to promptly carry out or perform any
covenant, duty or obligation to be pcrfonutd by Licensee, Licensor shall have full
right, power .and authority, but not the obligation. to perfann lhc same at
Licensee's cost and cx:pensc without releasJns Licensee from any liability
hereunder or consequences of breach tbereof.
F ,oo-COORS
.
T-7~5 P 005/0'8 F-BlC
Page 5
RMWC License Agreement
/tQ
I tAt_eo 0_11110 _t1auOIlIly 111\11 at all Um.. koop that pOi'll
right-of-way covered by this Agreement free
debris, of <:very kind and IllI hauoever, SO thai use 0 e right-of-way and
tho full and free flow of water in Licens stem shall not be inrerfered
with at any time, including tlmes of ally high water in the
ditch caused in my manner ver. and so that no damage
to Licensor. Lic s ditch systlllll or to tho person or property of oth
escape ow ofwaler or in any manner whatsoever.
x
. Ucenaec agrees that when, if ever, a gnt~ $Iat or lattic .
required be inslalled. nor or in the future, on the up.tre
slIucture this License Agnoement, !ball bear full
responsibility of the JnstalJa
If installed. for the desigtl. OOIllllruclion
as to avoid any interfi:rencc:
Licensee agrees fur slat or lattice required, now or .
y this LiCCDSe Agreement to install and keep and m' . rhe
d clear of all debris of my kind and nalure whatsoever.
10. Indemnifir.:ar1!W: UCCIlSCC covenants and agrees that in the event any penalty,
los.. injury or damage i. caused Licensor or any other person or pc:lllOns or their
propctty in any manner whatsoaver arising oul of the relocation of the diteh right-
of-way and/or the construction, maintenance; use existence or removal of ,the
stlUcturc (if my) covered by this License Agreemen~ whether by failure of
Licensee to fUlly carry out and perfurm any covenant or ag:reemanr to be canied
out and perfbrmed by Licensee or otherwise, Licensee agree. to indemnity md
hold Licensor its successors: or assigns hannless from any penalties, losses,
damages and injuries including, but not limited to, actual damages, court costs,
attorneys fees, and any other cost and expenses of any kind or nature whatsoever
incum:d dizectly or indirectly by Licensor as a rtauh of the design. eonstlUetion.
maintenan<:e, use. existence or removal (if necessary) of any slIUllrn:ce hereunder.
11. Ditch Modifications: If ill the future Licensor $hould desire to enlarge, deepen,
add to or otherwise clumge or relocate its ditch system within the right-of. way or
to do any olba thing incideul to the operation and maintenance of its ditch
system, tighr-oI-way a:ttd easement, then Licensee agrees at Licamee's expense,
wirh all due diligence. to change remove. relay andlor reoonstnsct any crossing or
SlIUCture (if auy) hereunder so as '" comply wirh such plans and specifications as
.
T-14! P 006/008 F-8lo
Licensor may prescribe as being necessary to permit the proper maintenance and
operation ofLicensor'g ditch system as altered. by Licensor.
12. Tenn and Notice: The License and privilege herein granted Licensee for the use
and mointenance of the structures and/or crossing Wldcr this agreement shall
continuo for so long and only so long 8J Licensee, it. ,uceessors and ass\!';Ils
comply with the provision h=f. Licensee agrees thai in case of any failure on
the plUt of Licensee to fully perfOrm tho covenants and agreement' to be
performed hereunder, this License may be immediately revoked llIId terminated
and the task per:tbnned by Licensor at Licrmsorls sole election. Licensor agrees to
give Licensee written notice of its election sent by registered mail to Licensee
addressed as fullows:
913'7 W.3;;1,.')il fJ.-oJ-'VVIue
uJr.-e.oJ- (L'O-se \ CLlIO'V'o.o..c <(DO ~ '3
or to such other person or persons as may be designated in writing by Licensee to
receive such notice. Licensor's election to terminate this License and
perronnance of Licensee's tuk or removal of any crossing or strU.eture hereunder
shall not reliove Licensee of any liability hereunder fur die co,ts and expen,es to
Licensor of Licensee 's bleach or th~ oost$ and expense ofrcmoval.
13. COVP.nann: Run With Land: The eovenants, terms and conltitions hereof ~
intended to nut with the land and shall be binding upon and inure to the benefit of
the' parties hereto and their respective agents, hein. executors, adlJlinistrators~
personal representatives, successors and as!igns.
14. Additionall>mvisionl'l (i(any)
Fro.a-COORS
Page 7
RMWC License Agreement
+
H,S P DOT/ODe F-9l0
IN WITNESS WHEREOF, tho parties have hereunto suh6CIibo:d their IlllIIl'" and seals
this __ day of
ATTEST:
il
ArrEST:
~J/~
Ken Vaught
A'ITEST:
LICENSOR
THE ROCKY MOUNT AJN WATER COMPANY
, ;f7 Op: ,,"
John A. SCha~---'~
President
LICENSEE
~;U.~'~ WJ
David Schneider (-7
ApplslIood Building COl[Jp~nYI Inc.
---MeIt'l'frirt'll!lr