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Home My WebLink About20100040.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JUSTIN COLE FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Justin Cole, ZCV#0900310, is allegedly in violation of the Weld County Code, and WHEREAS,despite efforts by the Planning staff to resolve said matter,the violation has not been corrected, and WHEREAS, on the 12th day of January, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Justin Cole, property owner, was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS,the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until March 12, 2010, to allow adequate time for the property owner to remove, restore, or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, in order to bring the subject property into compliance, and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0900210 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Justin Cole to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until March 12, 2010, to allow adequate time for the property owner to remove, restore, or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, in order to bring the subject property into compliance, and for an inspection of the property by the Department of Planning Services staff. 2010-0040 PL0824 , ft- , L' iO L O.7 3 (rO VIOLATIONS -ZCV#0900310 - COLE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of January, A.D., 2010. BOARD OF COUNTY COMMISSIONERS 11 E La ELD COUNTY, COLORADO ATTEST: � � e•' f ' au g if I$6I� `" --,:4O,,,, ivy" gla- Rademac -r, Chair Weld County Clerk to the B.Aid 4 tr... ''?' CUSED I ( \ yr c arbara Kirkmeyer, Pro-Tern BYE_ ,GLti ttLC2 (in ' ', ] �, Depot Cler t the Board \ Sean P. way J APP D AS T M: �71 C/ L Wil ` m F. Garcia o nu' ty ttorney �,-, David E. Long i Date of signature: t(I&{l- 2010-0040 PL0824 Violation Summary Report BASIC INFORMATION COLE JUSTIN PO BOX 1071 FORT LUPTON, CO 80621 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV09-00310 Situs Address: 7335 CR 23 Legal: PT N2SE4 26-2-67 LOT A REC EXEMPT RE-3914(.54R) Location: Location West of and adjacent to CR 23 and approximately 1/2 mile South of CR 18 North Agriculturally zoned properties South Agriculturally zoned properties and approximately 2 1/2 miles North of Hwy 52 East Agriculturally zoned properties and approximately 3/4 mile West of Fort Lupton Municipal Boundaries West Agriculturally zoned properties Parcel Number: 131126400034-R3484005 Acreage: 9.08 Certified Mail Date: 12/11/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 23-3-30.M Parking and operation of one(1)COMMERCIAL VEHICLE on property of less than eighty(80)acres in size,when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five(5)COMMERCIAL VEHICLES from property equal to, or greater than, eighty(80)acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty(60)per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural)Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. REMEDY As I have previously indicated the presence of more than 1 (one)COMMERCIAL VEHICLE requires a Use by Special Review permit. The first step in this process is a Pre-Application Request meeting. However, it is my understanding that your intent is to place the property for sale and as such your intent is to have the property completely cleaned before the end of the year. This being the case, if the Commercial Vehicles and the property is cleaned up in general (any Derelict Vehicles removed), before January 11, 2010, the above referenced Violation Hearing will be canceled and the violation case closed. 2010-0040 Violation Summary Report RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 10/06/2009 Complaint Validated 10/06/2009 LTTR: 5 Day Letter 10/28/2009 LTTR: Violation Notice 12/11/2009 LTTR: Hearing Notification OTHER CASE HISTORY 09/15/2009 Property Inspected Upon a visual inspection of the property, the following items were noted: several dump trucks and semi trailer. No pictures were taken during this inspection. 10/19/2009 Phone Call Justin Cole(303-956-1305)called. I tried to return his call and left a voice mail. 12/03/2009 Property Inspected Upon a visual inspection of the property, the following items were noted: 2 semi trailers(boxes), 1 dump truck, 1 semi trailer(Flat Bed - Hauler), Derelict Vehicles, Clean-Up. No pictures were taken during this inspection. 12/11/2009 E-Mail Sent Violation Hearing Notification letter e-mailed to Justin Cole. (justinlcole@peoplepc.com) stinlcote@peoplepc.com) 12/17/2009 Certified Mail Receipt Certified Receipt received -signed (711(tii WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St 1111D C Greeley, CO 80631 Phone 970-353-6100 X 355 FAX: 0-304-6498 7 mn E-Mail: bsallza @coweldso.us COLORADO December 11, 2009 COLE JUSTIN PO BOX 1071 FORT LUPTON, CO 80621 Case: ZCV09-00310 Legal Description: PT N2SE4 26-2-67 LOT A REC EXEMPT RE-3914(.54R) Dear COLE JUSTIN: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 01/12/2010 10:00 AM The above mentioned property remains in violation of the following Section(s)of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 23-3-30.M Parking and operation of one(1)COMMERCIAL VEHICLE on property of less than eighty(80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty(80)acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty(60)per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural)Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to rtift, 7,:;›,,,,, \\ t WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone 970-353-6100 X 3555 VII p C FAX: 970-304-6498 COLORADO/� ��yy/�� E-Mail: bsalzman@cc.weld.co.us - COLORADO _ the condition of a DERELICT VEHICLE. To bring your property into compliance with the Weld County Code: As I have previously indicated the presence of more than 1 (one) COMMERCIAL VEHICLE requires a Use by Special Review permit. The first step in this process is a Pre-Application Request meeting. However, it is my understanding that your intent is to place the property for sale and as such your intent is to have the property completely cleaned before the end of the year. This being the case, if the Commercial Vehicles and the property is cleaned up in general (any Derelict Vehicles removed), before January 11, 2010, the above referenced Violation Hearing will be canceled and the violation case closed. This hearing will take place in the County Commissioners Hearing Room, first floor,Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, AS.PDS381 setviSE,m -CERTIFIED 1VLA1LTM RECEIPT 2 1 S 4OomesticMell Dnly;No Insurance Coverage Provided) ��/�n\ �' 6a'.T�':'4R.-aBl t ,rfl.lg•ft+Rmre da ax e .S• Nn•u,r Bethany Salzman '�J m Zoning Compliance Officer II s pc: ZCV09-00310 Postage $ a ID Certified Fee I CI I Postmarkea Return Receipt Fee (Endorsement Required) Here n Restricted Delivery Foe I —" Endorsement Required) I a a I $ lntal Postage&Fees I $ I-Il O ,Srni TC I � �Q iii"fin E APL C,. 'Tact` t rtrle • )•4•.:t• In 5ttarl .O,---)( Page 2 of 2 Bethany Salzman From: Justin Cole [justinlcoie@peopiepc.com] Sent: Tuesday, November 03, 2009 7:38 PM To: Bethany Salzman Subject: RE: Cole 7335 CR 23 Thanks for answering my questions. By the end of the month I will have the trucks gone. You can inspect the property then. Thank you. Original Message >From: Bethany Salzman <bsalzmanluco.weld.co.us> >Sent: Nov 3, 2009 4:27 PM >To: Justin Cole <justinlcole@eoplepc.com> >Subject: RE: Cole 7335 CR 23 >The Weld County Code allows you to have up to 2 (two) semi trailers when utilized strictly as storage units (not coming and going or being moved). They have to remain road worthy at any given time. >1 will plan on re-inspecting towards the end of your time frame. Thanks > Original Message >From: Justin Cole (mailto.justinlcole@peoplepc.com] >Sent: Friday. October 30, 2009 7:26 PM >To: Bethany Salzman >Subject: RE: Cole 7335 CR 23 >Thank you for getting back to mc. My question is on the definition of semi taller, the two I have here are not used in commercial use they are for storage only, I am keeping them for that. The dump trucks and flatbed trailer will be moved in 30 days so we can drop he violation. Thanks Original Message >>From: Bethany Salzman <bsalzmanco.weld.co.us> >>Sent: Oct 29, 2009 10:48 PM >>To: Justin Cole<justinleolerr?pcoplepc.com> >Subject: RE: Cole 7335 CR 23 >> >>The short answer to your question is yes. But, please keep in mind you are allowed to maintain I (one) Commercial Vehicle as a Use by Right in the Agricultural Zone District(without any permits). So, if you can reduce the number of Commercial Vehicles to I (one) within the 30 days. the Violation case would close. >>Also, the definition of a Commercial Vehicle is a semi truck and trailer or like a dump truck. Please just keep me informed as to how you would like to proceed. »From: Justin Cole [justinlcolera peoplepc.com] >:>Sent: Thursday. October 29, 2009 1:36 PM i >>To: Bethany Salzman >>Subject: Cole 7335 CR 23 >>Good afternoon, >> Bethany if I remove the dump trucks in less than 30 days can we resolve this with out any zoning issues? I built that house to sell and don't want to increase the taxes if i don't have to. All 1 will have would he the old trucks and two van trailers that are used for storage. Will that work for you? Thank you for your time Justin Cole - >> >> >> Original Message >>From: Bethany Salzman >>Sent: Oct 28, 2009 5:41 PM >>To: "justinlcole@peoplepc.com" >Subject: Pre-Application Request form >: >>Please don't hesitate to contact me if you have any questions. Thanks >;> »1f you experience any difficulty with this e-mail you may also visit the following web address: >:> >>http://‘vww.co.weld.co.usidepartmentsiplarming1PlanningJProcedural_Guides6-15-08/PreApplication%20Re questio20(2).pdf >:> >>This web address will take you to the Pre-Application Review Request link; otherwise `go to: www.co.weld.co.us<hq)://console.mxlogic.com/redir,"?5Z56UV4s-rppjvK.esjdw0HIUNVW7mHPt3t- Ke76zBV5x4QsFCXCN5KAVgf)k MkJZIz m.JOVJMQs19CQkTT7C63hOYYrhvdvlj d40VBBYQg2gbd42r9 KvxYYmfSk3o9J4SOOC ssvvrpNx4> >>On the left hand side go down to Planning,&Zoning(click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). >> :>>PeoplePC Online — —>>A better way to Internet >>http://www.peoplepe.com >PeoplePC Online >A better way to Internet >http://www.peoplepc.com PeoplePC Online A better way to Internet http://www.peopleoc.com 2 wig C COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail:bsalzman@co.weld.co.us October 28, 2009 COLE JUSTIN PO BOX 1071 FORT LUPTON,CO 80621 Case: ZCV09-00310 Legal Description: PT N2SE4 26-2-67 LOT A REC EXEMPT RE-3914 (.54R) Dear: COLE JUSTIN : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.M Parking and operation of one (1)COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty(80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty(60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. ractez.,:‘,.\\ €. COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail:bsalzman@co.weld.co.us To bring your property into compliance with the Weld County Code: The presence of more than 1 (one) COMMERCIAL VEHICLE requires a Use by Special Review permit. The first step in this process is a Pre-Application Request meeting. This step is completely free to the application, but does require submittal of a short application. My records indicate that this application was sent with my initial letter; however, you may also visit the following web address: http://www.co.weld.co.us/departments/planning/Planning/Procedural_Guides6-15-08/PreAp plication%20Request%20(2).pdf uest%20(2).pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weid.co.us On the left hand side go down to Planning &Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 11/30/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, A Bethany Swan • Zoning Compliance Officer II pc: ZCV09-00310 COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us October 06, 2009 COLE JUSTIN PO BOX 1071 FORT LUPTON. CO 80621 WELLS FARGO BANK C/O CASTLE MEINHOLD & STAWIARSKI, LLC 999 18T11 ST,SUITE,2201 DENVER. CO 80202 WELLS FARGO I HOME CAMPUS DES MOINES, IA 50328 Case: ZCV09-00310 REF: Notice of Election and Demand for Sale by Public Trustee No. 09-1247 Legal Description: PT N2SE4 26-2-67 LOT A REC EXEMPT RE-3914 (.54R) Dear COLE JUSTIN and WELLS FARGO BANK: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: The presence of more than 1 (one) COMMERCIAL VEHICLE requires a Use by Special Review permit. The first step in this process is a Pre-Application Request meeting. This step is completely free to the application, but does require submittal of a short application. Please see the enclosed application or see the following web address: http://www.co.wel d.co.us/departments/planning/Plan n i ng/Proved ural_Gu ides6-15-08/PreAp plication%20Request%20(2).pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) "e. COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, 11) ethany Salzman (te\ Zoning Compliance Officer II pc: ZCV09-00310 Print Form • Submit by Email WELD COUNTY PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location. in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail,fax or drop off the request and required checklist items to the address listed below,a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Phone: Fax: Email: Address: Project Description: Property Information: Section-Township- Zoning Range Parcel Number ii Acreage Site Address Water Source Legal Description Sewer Owner Name j�\�I Is this property currently in violation? Yes l No Case Number Zi r t i� 1 )1— l �l.J, }L.i Preferred date and time for meeting: Office Use Only, ... .. . Project Title: Description: .•... -Review Date. Meeting Daterrime : <. ..: Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, "h2R (SPR) SITE PLAN REVIEWS: ❑ Bn- : •'ect narrative explaining request ❑ Conceptual si - : .n showing all struc , arking,nearby roads, and driveway access ❑ Existing contours and pr (Trades ❑ Conceptual dra o ❑ Conce uilding elevations iljl--ebnceptuallandscape plan FOR (USR) USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures,parking,nearby roads,and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan F R (PUD) PLANNED UNIT DEVELOPMENT/ CHANGE OF ZONE (COZ): ❑ Brief pr ' narrative explaining request ❑ Exhibit showing , ired changes to b e ❑ Location map showing _ ,surrounding area and adjacent uses ❑ Conceptual zonino showing ent and proposed zoning ❑ Conceptu ' e plan showing all structure , 'ng-_ nearby roads,and driveway access '❑ E ' g contours and proposed grades --___________ Conceptual drainage ❑ Conceptual landscape plan Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3484005 Parcel#: 131126400034 suasue.-+x.awa.a4424,1 au,-tu r_w.ee x..wo, snre„a*n,n5,ss M-`a },w S.£1, " " ' . m �rv�eauc, asamra. .:rx-,rvry s.,,e,.r.,Tax Area:2228 Bordering County: � Acres: Township Range Section Quart.Sec. Subdivison Name Block#Lot# W r` O �� 02 67 26 4 - +1 ,.n,b _m«�. <s»..wsswa, as, rr•x•:a.. -r...:“4..sl e,._:;:..:•:...v-{ss...,.,,..,,., :, ,v.,uat -,�a-... ssrn.,n•rse m / t}eMtt, /F - Owners Name&Address: Property Address: / V a' / COLE JUSTIN Street:7335 23 CR % r/ FO BOX City:WELD V� !/ FORT[UPTON,O CO 80621 \��/// ,% Business/Complex: it Sales Summary Sale Date Sale Price Deed Type Reception# 4/7/2006 $199,000 SWD 3378734 Legal Description ' PT N2SE4 26-2-67 LOT A REC EXEMPT RE-3914(.54R) Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4167 Acres 3 Agricultural 4147 Acres 2.17 Agricultural 4147 Acres 1 Agricultural 4147 Acres 3 Land Subtotal: 9.17 $249 $80 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $236,543 $18,830 Total Property Value $236,792 $18,910 Building Details Account#:R3489005 Parcel#: 131126400034 Owners Name&Address: Property Address: COLE JUSTIN Street:7335 23 CR PO BOX 1071 City:WELD FORT LUPTON,CO 80621 Building* Property Type 1 Residential Individual Built As Detail Built As: 2 Story Year Built: 2007 Exterior: Frame Hardboard HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 1962 #of Baths: 3 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 0 Units: 0 Gam Attached SQ Ft: 912 Detached SQ Ft: 0 Basement: Total SQ Ft: 1066 Finished SQ Ft: 0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13112... 10/6/2009 Bethany Salzman From: Phillip Brewer Sent: Friday, September 18, 2009 8:55 AM To: Bethany Salzman Subject: Just a couple of?'s Good morning, Queeneth Beth: I was out and about on your Highness' cobblestone pathways yesterday and want to just let you know of a couple of observations that elicited ;''s in my mind. The first: (u 7335 WCR 23, there is a property with a house and 5-1 heavy-duty, over-the-road trucks parked on the property that cause this ! in my mind: "Is this place approved for operating and parking heavy duty trucks on this property (commonly known as a USR)''" The second: 1 don't have an address for this observation, but just south of 7335 W'CR 23, on the same side of 223 (which happens to he "west", as you can tell from the "odd" 4 address) is another property that is sort of on a rise(hill) and there are lots and lots and lots of heavy duty trucks on that property. I apologize for not getting the address of this place, but I was late for an appointment and did not get hack there for the address. Your dedicated and ever humble servant, Vassal Phil t eRecorded in Weld C y,CO Doc Id:3624954 05/26/2009 08:49 A Receipt#:7413856 Page:1 of 1 Total Fee:$6.00 • Steve Moreno, Clerk and Recorder NOTICE OF ELECTION AND DEMAND FOR SALE BY PUBLIC TRUSTEE • 09-1247 No. TO THE PUBLIC TRUSTEE IN THE COUNTY WELD,COLORADO Pursuant to the terms of the Deed of Trust described as follows: Original Grantor(s): Justin Cole Original Beneficiary: Mortgage Electronic Registration Systems,Inc.,as nominee for Mortgageit,Inc. Holder of Evidence of Debt: Wells Fargo Bank,N.A. Date of Deed of Trust: August 14,2007 Recording Date of Deed of Trust: September 10,2007 Original Principal Amount of Evidence of Debt: $488,750.00 Outstanding Principal Amount of Evidence of Debt as of the date hereof: $482,517.41 County of Recording: Weld Book and Page No.or Reception No.of Recorded Deed of Trust: at Reception No.3502750 Legal Description of Real Property: LOT A OF RECORDED EXEMPTION NO. 1311-26-4 RE-3914,RECORDED FEBRUARY 1,2005 AT RECEPTION NO.3257886,RUNG PART OF THE NORTH 1/2 OF THE SOUTHEAST I/4 OF SECTION 26,TOWNSHIP 2 NORTH,RANGE 67 WEST OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO. WHICH HAS THE ADDRESS OF 7735 Weld County Road 23 Fort Lupton,CO 80621 THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. The covenants of said Deed of Trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations of the terms thereof. The undersigned therefore declares a violation of the covenants of said Deed of Trust. Demand is hereby made that you as Public Trustee named in said Deed of Trust,give notice,advertise for sale and sell said property for the purpose of paying all or part of the indebtedness thereby secured and the expense of making said sale,all as provided by law and the terms of said Deed of Trust CASTLE MEINHOLD&STAWIARSKI,LLC IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE.USED FOR THAT PURPOSE. Dated: May 14,2009. WELLS FARGO BANK,N.A., Holder of Evidence of Debt, as the term is defined in C.R.S. 38-38- 100,3(10) By: Castle Meinhold&Stawiarski,LLC Attorneys for Holder of Evidence of Debt Bette C. Gaston By: #40389 meys at Law,Reg.No. 999 18th Street,Suite 2201 Denver,CO 80202 (303)865-1400 Cole/09-11061 CONY Weld Public Trustee: Foreclosii'n Details Page 1 of 2 v• O1- - eld o-,ty P;ubJic Tustee i A1I . ..W .. :.t NA s 4' elas 6�'iir�Z , bjiC FEL;i. I [t.. ,y 5 .r.1r _0 !� 'ro .r i F wr.r tt, N Home About Us Fec= For,:-au;ure Link= Pre-2008 Law Post-2008 Law PROPERTY DETAILS ID: 09-1247 Return to foreclosure search BASICS Address Bankruptcy NED Date: 5/26/2009 Basics NED Reception#: 3624954 Cure Deed Originally Scheduled Sale Date: 1/6/2010 Law Firm Mailings Currently Scheduled Sale Date: 1/6/2010 Publication Redemption Date File Received: 5/22/2009 Sale Information. Withdrawal Date File Created: 5/22/2009 View Documents NED RERECORDING Date: Reception#: DEED OF TRUST Date: 8/14/2007 Recorded: 9/10/2007 Reception#: 3502750 LOAN INFORMATION Loan Type: CONV Original Principle Balance: 5488,750,00 Principal Balance As Of Date: 5/14/2009 http://www.wcpto.com/SearchDetails.aspx?id=640014077&fn=09-1247 10/6/2009 Weld Public Trustee: Foreclosr-"Details Page 2 of 2 Outstanding Principal Balance: $482,517.41 interest Rate: 7.375 interest Type: Adjustable Current Holder: Wells Fargo Bank, N.A. Grantee (Original Beneficiary): Mortgage Electronic Registration Systems, ,.... Original Grantor(Borrower): Justin Cole L Previous Next Return to Search. List.) Copyright©2008 Weld County Public Trustee's Office, All Rights Reserved. Disclaimer http://www.wcpto.com/SearchDetails.aspx?id=640014077&fn=09-1247 10/6/2009 3 1111111 II 11:171111 111111 III IIII 1111 734 3378734 04/12/2006 01:17P Weld County, CO 1 of 1 R 6.00 0 19.90 Steve Moreno Clerk&Recorder C, 7—( 963 SPECIAL WARRANTY DEED THIS DEED,Made this7th day of April,2006 between Pioneer Land Company,LLC,A Colorado limited liability company of the County of Weld and State of COLORADO,grantor(s),and Justin Cole whose legal address is P.O.Box 3013,Nederland,CO 80466, of the County of Boulder,State of Colorado,grantee(s): WITNESS, That the grantor(s), for and in consideration of the sum of ONE HUNDRED NINETY-NINE THOUSAND AND 00/10D DOLLARS(S199,000.00),the receipt and sufficiency of which is hereby acknowledged,has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s),his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld,State of COLORADO,described as follows: Lot A of Recorded Exemption No. 1311-26-4 RE3914,recorded February 1,2005 as Reception No.3257886, being a portion of the North 1/2 of the Southeast''A of Section 26,Township 2 North,Range 67 West of the 6th P.M.,County of Weld,State of Colorado. P- Re-record to show proper notary section - stating Manager of Pioneer Land (3`, also known by street and number as TBD Weld County Road 23,Fort Lupton,CO 80621 TOGETHER with all and singular the hereditalnents and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate,right,title,interest,claim and demand whatsoever of the grantor(s),either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the a grantee(s),his heirs,and assigns forever. The grantor(s),for himself,his heirs and personal representatives or successors, p does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s),his heirs and assigns,against al!and every person or persons claiming the whole or any part thereof,by,through or under the grantor(s). The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above. SELLER: Pioneer Land Company,LLC,A Colorado limited liability 1111111111111vi 11111111111111111111111111111111111111 company „, _ -- --._.. 3421963 09/25/2006 10:49A Weld County,CO lShm6as Benner,Manager 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder STATE OF COLORADO COUNTY OF Weld }SS: The foregoing instrument was acknowledged before me this , day of April,2006 by Pioneer Land Company,LLC, A Colorado limited liability company , by Thomas Be ett, M:n-per ,,G... otary ' blic Witness my hand and official seal. My Commission expires: SAY•0 9 After recording return to: M. MARLENE SHANNON / Justin Cole ` NOTARY PUBLIC vP.O.Box 3013 Z STATE OF COLORADO_�.' 4 Nederland,CO 80466 My Commission Expires 05/24/2008 SPWARRTC File No.110009610 Special Warranty Deed Tenants in Common ,,�rael �} i I , 1 ...., . , J . .____., E ___ .. , . o . ......r. C.) r __._____ i .. 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