HomeMy WebLinkAbout20093148.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST TROY AND JUDY HEFNER AND RANDY KNEEBONE 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, Troy and Judy Hefner and Randy Kneebone, ZCV #0900114, are 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 8th day of December, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Troy Hefner, property owner, was present at said hearing, 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 January 8, 2010, in order to allow adequate time for the property owners to
submit an application for a Use by Special Review permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0900114 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Troy and Judy Hefner and Randy Kneebone 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 January 8, 2010, in order to allow
adequate time for the property owners to submit an application for a Use by Special Review permit.
2009-3148
(O'. PL, Ul oc
at loco 40
PL0824
VIOLATIONS - ZCV #0900114 - TROY AND JUDY HEFNER AND RANDY KNEEBONE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of December, A.D., 2009.
ATTEST:
Weld County Clerk to the �oard.5
BY
Dep"ut Clerk t`g the Board
APPROVE
torney
David E. Long
Date of signature I
LI Ilo
BOARD OF CO NTY COMMISSIONERS
ELD COUN , COLORADO
illiam F. Garcia, Chair
Dougl-- Rademac -r, Pro -Tern
Sean P. Conway 2
/16(2_44(4/L l tii �t�«
Brpara Kirkmeyer i
it
2009-3148
PL0824
Dlation Summary Rep t
BASIC INFORMATION
HEFNER TROY D & JUDY K
Tenant:
RANDY KNEEBONE
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
370 CR 16.5 LONGMONT, CO 80504
1384 RELIANCE CT ERIE, CO 80516
Bethany Salzman
ZCV09-00114
4343 CR 6
24925-C E2W2SE4SW4 23 1 68 EXC UPRR RES (.25R1 D) 4343 6 CR
WELD 00000
Location
North
South
East
West
North of and adjacent to CR 6 and approximately 1/2 mile
East of I-25
Broomfield municipal boundaries
Broomfield municipal boundaries
Broomfield municipal boundaries
Althen-Boyer Subdivision (C-3 - Commercial Zoning),
Agriculturally Zoned properties and Erie municipal
boundaries
Parcel Number: 146723000005-R5799986 Acreage: 9.93
Certified Mail Date: 10/02/2009
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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted
under Section 23-3-20 A above.
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.
REMEDY
As I have previously indicated the operation of a commercial business or storage of commercial equipment
requires a Use by Special Review (USR) permit. It is my understanding that the Use by Special Review
(USR) application process was explained during the Pre -Application meeting. Please keep in mind that we
do have On -Call Planners that are available to assit the public with any questions or concerns. They are
available Monday thru Thursday from 7:30 - 4:30 or you can call them at 970-353-6100 Ext. 3540. To
better serve you please bring this letter with you.
Additionally, the Use by Special Review (USR) permit will need to address the presence of the second
house. The building permit records from the previous owner indicate that the second home
(mobile/modular home) was to be removed from the property upon completion of the newer home.
Therefore, the second dwelling unit will either need to be permitted or removed from the property.
RECOMMENDATION
The Department of Planning Services staff recommends that this case be forwarded to the County
Attorney's Office for immediate legal action.
LETTER HISTORY
2009-3148
'alation Summary Rep ,t
08/26/2009
08/26/2009
08/31/2009
10/02/2009
OTHER CASE
08/31/2009
10/19/2009
10/23/2009
10/23/2009
11/19/2009
Complaint Validated
LTTR: 5 Day Letter
LTTR: Violation Notice
LTTR: Hearing Notification
HISTORY
Phone Call
Certified Mail Receipt
Other
Other
Certified Mail Receipt
Troy Hefner called (720-261-3511). He said he received
my letter and just had a few questions. He said the
business just rents that shop to park their equipment. I
explained that still required specific zoning permits of which
the first step was a Pre -Application meeting. I explained
the Pre -Application Request form and explained that the
Planners would then walk him through the USR application
process and try to point him in the right direction. He said
go ahead and send me that paperwork. I told him I would
enclude it with the 30 day letter, but to go ahead and submit
that application as soon as possible.
Violation Hearing Notification letter returned as
"Unclaimed - Unable to Forward".
Resent Violation Hearing notification via regular US Postal
Service on 10/23/09 to:
370 CR 16.5
Longmont, Co 80504
Resent Violation Hearing notification via Certified Mail to:
4245 CR 6
Erie, Co 80516
Violation Hearing Notification letter returned as
"Unclaimed - Unable to Forward" ((4245 CR 6, Erie, Co
80516)).
COIN,
October 02, 20
HEFNER TROY
370 CR 16.5
LONGMONT, C..T
Case: ZCV09-C
Legal Descripti-
24925-C E2W2
Dear HEFNE
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home (mobile/modular home) was to be removed from the property upon completion of the
Page 1 of 2
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HEFNER TRO`
370 CR 16.5
LONGMONT, C
Case: ZCV09-C
Legal Descriptic
24925-C E2W2
Dear HEFNER
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home (mobile/modular home) was to be removed from the property upon completion of the
Page 1 of 2
COLORADO
October 02, 2009
HEFNER TROY D & JUDY K
370CR16.5
LONGMONT, CO 80504
Case: ZCV09-00114
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.cous
Legal Description:
24925-C E2W2SE4SW423 1 68 EXC UPRR RES (.25R1D) 43436 CR WELD 00000
Dear HEFNER TROY D & JUDY K:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
12/08/2009 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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-40 Uses by special review
23-3-40.L One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted
under Section 23-3-20 A above.
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.
To bring your property into compliance with the Weld County Code:
As I have previously indicated the operation of a commercial business or storage of commerci;
equipment requires a Use by Special Review (USR) permit. It is my understanding that the
Use by Special Review (USR) application process was explained during the Pre -Application
meeting. Please keep in mind that we do have On -Call Planners that are available to assit the
public with any questions or concerns. They are available Monday thru Thursday from 7:30 -
4:30 or you can call them at 970-353-6100 Ext. 3540. To better serve you please bring this
letter with you.
Additionally, the Use by Special Review (USR) permit will need to address the presence of the
second house. The building permit records from the previous owner indicate that the second
home (mobile/modular home) was to be removed from the property upon completion of the
Page 1 of 2
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.cous
newer home. Therefore, the second dwelling unit will either need to be permitted or removed
from the property.
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.
Bethany Salzm'-n
Zoning Compliance Officer II
pc: ZCV09-00114
0001 4539 4042
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Restricted Delivery Fee
(Endorsement Required)
Total Postage 8 Fees
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Page 2 of 2
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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 Greeiey 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:
To Li no J1,( dui )-1tJ u /-
Phone:
303 - toca--54l l s 7x>- ate I- 351'
Fax: 30 5-C,Sit-R70U
Email:
IigiCiliii ZTG1,j(-6. ri•ISl1 • rtzr,
Address:
,370 ex; i .LJi'1 iLi RA / � ',/,,a / L/rv'y 7Y.>ld i lb SU j-i C'
Project Description: J Stprcige, (ASi /-10r knrn cued area in hok
Property Information:
Toolsand er-tpvhen+,
Section -Township -
Range
�3 - (U -L0 Lc)
Zoning
,LCI(i• (IA l-}IAt`r'l
Parcel Number
I' - f 10703 co 000 5
Acreage
I b
Site Address
4!-3413 0vit,ili p14 (i, (Liu
Water Source
we Id Cd{l#.tzti
Legal Description
5- 2j w;2,) s E v, 5 Lobi- 23, , IQ gi•,{sewer
eta TI C
Owner Name
In)
Is this property currently in violation?
Preferred date and time for meeting:
OtfiCe Use Only
Project Title:
Description:
Review Date:
Weld County Department of Planning Services
Greeley Office -
918 10m Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Ipp, Yes fl No
i�Oti1L(
Case Number
?OucP-C DI1L
Longmont Office -
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax: 720-652-4211
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TROY & JUDY HEFNER
370 Weld County Road 16.5
Longmont, CO 80504
September 9, 2009
Weld County Department of Planning
Bethany Salzman
918 — 10th Street
Greeley, CO 80631
Re: 4343 Weld County Road 6, Erie, CO
Parcel 146723000005
E2W2SE4SW4 23 -1N -68W
Case ZCV09-00114
303-682-5418
"11,O -Z(.\ •3c\\
Attached please find a pre -application review request for a change of use for a portion of the
property at the above address.
We would like to obtain a variance to allow for storage of non -farm related equipment and tools
in the barn and the area west of the barn.
No changes should be needed in roads, drainage, or landscaping.
This property is adjacent to the Althen Boyer Commercial Unit Development and is directly east
of Jeeps Unlimited and AARV Storage, which I also own.
I have included a site map and aerial photo for your consideration.
Thank you for your consideration in this matter.
Sincerely,
Tidy Hefner
fi&cxrw
hiDe
COLORADO
August 31, 2009
HEFNER TROY D & JUDY K
370 CR 16.5
LONGMONT, CO 80504
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer I
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
Case: ZCV09-00114
Legal Description: 24925-C E2W2SE4SW4 23 1 68 EXC UPRR RES (.25R1D) 4343 6 CR WELD
00000
Dear: HEFNER TROY D & JUDY K :
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.
23-3-40 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.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter the operation of a commercial business or storage of
commercial equipment requires a Use by Special Review (USR) permit. The first step in
this process is a Pre -Application Request meeting. This step is completely free to the
application, but does require submital of a short application. Please see the enclosed
application or see the following web address:
http://www. co.weld. co. us/depa rtments/plann i ng/Plan n i ng/Proced ural_Guides6-15-08/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)
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). •
Page 1 of 2
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer I I
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
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
10/01/2009, 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,
N
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV09-00114
Page 2 of 2
rint Form
Submit by Email
P
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:
Section -Township -
Range
Zoning
Parcel Number
Acreage
Site Address
Water Source
Legal Description
Sewer
Owner Name
Is this property currently in violation?
Preferred date and time for meeting:
pe\Yes r- No
Case Number 2C- cU1ILi
Office Use Only
Project Title:
Description:
Review Date:
Weld County Department of Planning Services
Meeting Date/Time:
Greeley Office -
918 10th Street. Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Longmont Office -
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax: 720-652-4211
WELD COUNTY
PLEASE PROVIDE THE FOLLOWING ITEMS:
To view the Weld County Code, please go to www.co.weld.co.us,
{OR (SPR) SITE PLAN REVIEWS:
e ef project narrative explaining request
❑ Conceptua ' - .. • ..wing all struci ..r ing, nearby roads, and driveway access
❑ Existing contours and pro...: r..
❑ Conceptual dr.. -
❑ Con : 'a building elevations
"onceptuallandscape 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
(PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ):
Brief proj - arrative explaining request
Exhibit showing . - ' ed changes to be made
Location map showing pr
Conceptual zoning map sho
Conceptual site pl. i : .wing all structures
Existing • .urs and proposed grades
C.• ptual drainage
LI Conceptual landscape plan
g area and adjacent uses
and proposed zoning
n• , nearby roads, and driveway access
Weld County Department of Planning Services
Greeley Office
918 10th Street, Greeley CO 80631
Phone: 970-353-6100 x3540
Fax: 970-304-6498
Longmont Office -
4290 County Road 24.5, Longmont CO 80504
Phone: 720-652-4210 x8730
Fax: 720-652-4211
hiDe
COLORADO
August 26, 2009
HEFNER TROY D & JUDY K
370 CR 16.5
LONGMONT, CO 80504
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
Case: ZCV09-00114
Legal Description: 24925-C E2W2SE4SW4 23 1 68 EXC UPRR RES (.25R1D) 4343 6 CR WELD 00000
Dear HEFNER TROY D & JUDY K
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:
operation of a commercial business without the required Use by Special Review (USR)
permit. The first step in this process is a Pre -Application Request meeting. This step is
completely free to the application, but does require submital of a short application. Please
see the enclosed application or see the following web address:
http://www. co.weld. co. us/departments/planning/Planning/Procedural_Guides6-15-08/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)
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,
ethany Salzm
Zoning Compliance Officer II
pc: ZCV09-00114
Page 1 of 1
ID number:
Entity name:
Document processing fee
If document is filed on paper
If document is filed electronically
Late fee if entity is in noncompliant status
If document is filed on paper
If document is filed electronically
Fees & forms/cover sheets
are subject to change.
To file electronically, access instructions
for this form/cover sheet and other
information or print copies of filed
documents, visit wwwsos.state.co.us
and select Business Center.
Paper documents must be typewritten or machine printed.
M"-FIIed
$100.00
$ 10.00
$ 50.00
$ 40.00
Colorado Secretary of State
Date and Time: 12/20/2008 12:42 PM
ID Number: 19981095590
Document number: 2008165752
Amount Paid: $10.00
ABOVE SPACE FOR OFFICE USE ONLY
Annual Report
filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S)
19981095590
RANDY KNEEBONE EXCAVATING & TRUCKING, INC.
Jurisdiction under the law of which the
entity was formed or registered: Colorado
1. Principal office street address:
2. Principal office mailing address:
(if different from above)
1384 Reliance Ct
(Street name and number)
Erie
CO 80516
(City)
(Province— if applicable)
(State) (Postal/Zip Code)
United States
(Country — if not US)
(Street name and number or Post Office Box information)
(City)
(State) (Postal/Zip Code)
(Province — f applicable)
(Country — if not US)
3. Registered agent name: (if an individual)
(First
)
t)
(Middle) (Suffix)
OR (if a business organization)
Randy Kneebone Excavating and Trucking Inc.
4. The person identified above as registered agent has consented to being so appointed.
REPORT
Page I of 2 Rev. 07/17/08
5. Registered agent street address:
6. Registered agent mailing address:
1384 Reliance Ct
(Street name and number)
Erie CO 80516
(City)
(State) (Postal/Zip Code)
(if different from above) (Street name and number or Post Office Box information)
Notice:
(City)
(State) (Postal/Zip Code)
(Province —if applicable) (Country— ifnot US)
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing:
Kneebone
(Last)
1384 Reliance Ct.
Randy
(First)
(Middle) (Suffix)
(Street name and number or Post Office Box information)
Erie CO 80516
(City)
(State) (Postal/Zip Code)
United States
(Province— lfapplicable) (Country —if not US)
(The document need not state the true name and address of more than one individual. However, if you wish to state the name and address
of any additional individuals causing the document to be delivered for filing. mark this box ❑ and include an attachment stating the
name and address of such individuals)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
REPORT
Page 2 or? Rev. 07/17/08
Identify Results
Page 1 of 3
Account#: R5799986
Tax Area: 2324
Acres: 8.75
Township Range Section Quart. Sec.
01-68-23-0
Owners Name & Address:
HEFNER TROY D
370 COUNTY RD 16.5
LONGMONT, CO 80504
Additional Owners:
HEFNER JUDY K
Business/Complex:
Sale Date
2/3/1988
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Sale Price
$175,000
Parcel#: 146723000005
Bordering County:
Subdivison Name Block# Lot#
Property Address:
Street: 4343 6 CR
City: WELD
Sales Summary
Deed Type
Legal Description
Reception #
02132770
24925-C E2W2SE4SW4 23 1 68 EXC UPRR RES (.25R1D) 4343 6 CR WELD 00000
Land Type
Agricultural
Minerals
Land Subtotal:
Land Valuation Summary
Unit of Number of
Abst Code
Measure Units
4127 Acres 8.75
5150 Acres 160
Bldg# Property Type
2
3
4
5
6
Out Building
Out Building
Out Building
Out Building
Residential
Improvements Subtotal:
Total Property Value
168.75
Buildings Valuation Summary
Actual Value
$650
Actual Value
Assessed
Value
$190
Assessed
Value
$249,758 $27,860
$250,408 $28,050
Building Details
Account#: R5799986 Parcel#: 146723000005
Owners Name & Address:
HEFNER TROY D
370 COUNTY RD 16.5
LONGMONT, CO 80504
Property Address:
Street: 4343 6 CR
City: WELD
http://maps2.merrick. com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=146723... 4/9/2009
Identify Results Page 2 of 3
Buildinq#
2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Type
Out Building
Individual Built As Detail
Shed - Utility
Pole Frame Metal Siding
0
0
1
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
Detached SQ Ft:
Finished SQ Ft:
1971
None
1820
0
Account#: R5799986 Parcel#: 146723000005
Owners Name & Address:
HEFNER TROY D
370 COUNTY RD 16.5
LONGMONT, CO 80504
Building#
3
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: 4343 6 CR
City: WELD
Property Type
Out Building
Individual Built As Detail
Shed - Cattle
Pole Frame Metal Siding
0
0
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
Detached SQ Ft:
Finished SQ Ft:
1977
None
560
0
Account#: R5799986 Parcel#: 146723000005
Owners Name & Address:
HEFNER TROY D
370 COUNTY RD 16.5
LONGMONT, CO 80504
Building#
4
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Property Address:
Street: 4343 6 CR
City: WELD
Property Type
Out Building
Individual Built As Detail
Stable
Pole Frame Metal Siding
0
0
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
1977
None
1800
Units: 0
http://maps2.merrick. com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=146723... 4/9/2009
Identify Results Page 3 of 3
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Detached SQ Ft:
Finished SQ Ft:
Account#: R5799986 Parcel#: 146723000005
Owners Name & Address:
HEFNER TROY D
370 COUNTY RD 16.5
LONGMONT, CO 80504
Building#
5
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: 4343 6 CR
City: WELD
Property Type
Out Building
Individual Built As Detail
Shed - Cattle
Pole Frame Metal Siding
0
0
1
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
1994
None
9280
Units: 0
Detached SQ Ft:
Finished SQ Ft:
Account#: R5799986 Parcel#: 146723000005
Owners Name & Address:
HEFNER TROY D
370 COUNTY RD 16.5
LONGMONT, CO 80504
Building#
6
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Address:
Street: 4343 6 CR
City: WELD
Property Type
Residential
Individual Built As Detail
Modular Year Built: 2000
Frame Siding HVAC: None
Drywall Built As SQ Ft: 2200
0 Roof Type: Gable
0 Roof Cover: Composition Shingle
1
3 Units: 0
0
Detached SQ Ft: 0
2200 Finished SQ Ft 0
http://maps2.merrick. com/Website/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=146723... 4/9/2009
Identify Results
Page 1 of 1
Account#: M5800086
Owners Name & Address:
MILLER JERRY DEAN &
4343 CR 6
ERIE, CO 80516
Additional Owners:
MILLER CORTNEY I
Business/Complex:
Mobile Home Valuation
Legal Description
Parcel#: 146723000005
Property Address:
Street: 4343 6 CR
City: WELD
24925C IMPS ONLY MH PT SW4 23 1 68 MOBILE/MODULAR TITLE: 03M263447 SERIAL: 0502GC191753 YEAR: 1973 MAKE: NEW
MOON SITUS: 4343 6 CR WELD 80516
Tax Area:
Acres:
Sq. Ft.:
Land Value
Impr. Value
Total Value
$0
$10,322
$10,322
Township Range Section Ouart. Sec.
01-68-23-0
Sale Price
$0
Sale Date
Land Assessed Value
Imor. Assessed Value
Total Assessed Value
$0
$820
$820
Bordering County:
Subdivison Name Block# Lot#
Deed Type Reception #
http://maps2.merrick. com/Website/Weld/setSgl. asp?cmd=ACCDET&acct=146723000005... 4/9/2009
Violation Address:
WIDc.
COLORADO
\r„\,
/Lc'
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10'" Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
X ZONING CODE COMPLAINT ❑ Staff/Name: M Citizen O other.
▪ HEALTH DEPARTMENT Citizen's Name (If known):
▪ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known)
El BUILDING CODE COMPLAINT
❑ PUBLIC WORKS; PEST & WEEDS
Date Complaint was received: 4 -9 -
Pending Case # (i.e. USR, RE, SE, ect...):
Leeal Description: Eptil... w 43q (. sz -r-I(JQ,(pR�
"TJ'tJ l_LLP
Parcel #: wen1'a5.0-00- ODE
Property Owners Name: cSect t 1 —1—YD(. 1) & udw V1 C.O Phone:
Property Owners Address: 510 � \ 1c .5 1 Long I C.O y
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: eZi\VC Limit -N bwt'nenn r.orn.A NkorcyzA3k:1/4
nt �c SrI4
Sed .Thga Drvt - wlcuk pew
V nee,bores
cavDcli r9 -
Additional Notes:
Susie Velesquez
Public Trustee
eRecorded in Weld Co' CO Doc Id: 3581702
10/02/2008 10:43 A Receipt#: 7360015
Page: 1 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
PUBLIC TRUSTEE'S CERTIFICATE OF PURCHASE
Foreclosure Number: 08-0372
I, the undersigned Public Trustee, certify that pursuant to the power and authority vested in me by law and by the
Deed of Trust described as follows:
Jerry Dean Miller and Cortney Deane Miller Original Grantor(s)
Mortgage Electronic Registration Systems, Inc., as nominee for Original Beneficiary
Finance America, LLC, dba FinAm, LLC
LaSalle Bank National Association, as Trustee for the registered Current Holder of Evidence of Debt
holders of Structured Asset Securities Corporation, Structured
Asset Investment Loan Trust, Mortgage Pass -Through Certificates,
Series 2005-1
August 31, 2004 Date of Deed of Trust
Weld County of Recording
September 14, 2004 Recording Date of Deed of Trust:
3218759 Reception No. and/or Book No. and Page No.
$ 325,000.00 Original Principal Amount of Evidence of Debt
AND, upon the Notice of Election and Demand being filed with me and recorded in said County as follows.
February 14, 2008 Recording Date of Notice of Election and Demand
3535286 Recording Reception No.
Pursuant to §38-38-103, I fast mailed a Combined Notice of Sale and Right to Cure and Redeem to the original
grantor(s) of said Deed of Trust, and to any persons required to be notified by C.R.S. §38-38-103, §38-38-104,
§38-38-302, and §38-38-305. I further published the Combined Notice of Sale and Right to Cure and Redeem in a
newspaper of general circulation in said Weld County as prescribed by law.
AND, on October 01, 2008 at 1.0:00 A NL, at 809 9th Street, Suite 1. Greeley, Co, 80631, I exposed to public sale
the property situate in the aforesaid Weld County, State of Colorado, described as follows:
THE E1;2 OF THE W1/2 OF THE SEl i4 OF THE SW2I/4 OF SECTION 23, TOWNSHIP 1 NORTH RANGE 68 WEST
OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
Also known by street and number as:
4343 Weld County Road 6, Erie, CO 80516
At said sale, Troy D. Hefner and Judy K. Hefner, whose legal address is 370 County Rd 16 112, Longmont, CO
80504, bid the sum of $345,383.35 for said property. No deficiency exists under the Evidence of Debt as a
result of the successful bid. Being the highest and best bid received therefor, the said property was struck off
and sold to said Purchaser. Unless a redemption is made, the said Purchaser or assignee of the Certificate of
Purchase shall be entitled to a confirmation deed for said property at the end of all redemption periods allowed
by law to all subsequent lienors, and other persons entitled to redeem.
The following documents are attached hereto and made a part of this Certificate of Purchase: A copy of the
executed Order Authorizing Sale and a copy of all mailing lists submitted to the Public Trustee bearing the
Public Trustee's Sale Number.
Executed on October 01, 2008 Public Trustee of Weld County, State of Colorado
By: Gloria Fabia, Deputy for Public Trustee
Attorney File Number: 08-00923
When Recorded Return to. Weld County Public Trustee
eRecorded in We, -ounty, CO Doc Id: 3581702
10/02/2008 10:43 A Receipt#: 7380015
Page: 2 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
GRANTED
The moving party is hereby ORDERED
to provide a copy of this Order to any pro
se parties who have entered an
appearance in this action within 10 days
from the date of this order.
5-n kQ€L -
Roger f4JKLein*
District Court Judge
DATE OF ORDER ON ATTACHMENT
District Court
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Ave.
Greeley, CO 80632
2008CV2785
CO Weld County District Court 19th JD
Filing Date: Sep 22 2008 11:17AM MDT
Filing ID: 21628580
IN THE MATTER OF THE MOTION OF LASALLE
BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
A COURT USE ONLY •
THE REGISTERED HOLDERS OF STRUCTURED
ASSET SECURITIES CORPORATION, STRUCTURED
Case Number:
ASSET INVESTMENT LOAN TRUST, MORTGAGE
PASS -THROUGH CERTIFICATES, SERIES 2005-1
FOR AN ORDER AUTHORIZING THE PUBLIC
TRUSTEE TO SELL CERTAIN REAL ESTATE UNDER
A POWER OF SALE CONTAINED WITHIN A DEED
Division:
OF TRUST
ORDER AUTHORIZING SALE
THE REVIEW AND HEARING IN THIS MATTER having been completed by the
Court on August 27, 2008:
WHEREAS, Jerry Dean Miller and Cortney Ileane Miller, Grantor(s) by Deed of Trust
dated August 31, 2004, recorded September 14, 2004 at Reception No. 3218759 in the records
of the County of Weld, Colorado, to secure to Mortgage Electronic Registration Systems, Inc., as
nominee for Finance America, LLC, dba FinAm, LLC the payment of a Promissory Note of
even date therewith for the principal sum of 5325,000.00 as provided in said Deed of Trust,
conveyed to the Weld County Public Trustee, on the terms set forth in said Note and Deed of
Trust, the following described real property ("Property") situate in said County to -wit:
THE E1/2 OF THE Wl/2 OF THE SE1/4 OF THE SW21/4 OF SECTION 23, TOWNSHIP
1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO.
WHICH HAS THE ADDRESS OF 4343 Weld County Road 6 Erie, CO 80516
THE COURT FINDS that there is reasonable probability that: a default exists as alleged
in the Motion in order to invoke the power of sale in said Deed of Trust; that the provisions of
C.R.C.P. Rule 120 and the Servicemembers Civil Relief Act, as amended, have been complied
with; that the venue in this action is proper; and that the order authorizing sale should be granted.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that a sale of the
Property by the Public Trustee in the above said County in the State of Colorado, under a power
08-0372
eRecorded in We,, county, CO Doc Id: 3581702
10/02/2008 10:43 A Receipt#: 7380015
Page: 3 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
of sale, pursuant to statute and the provisions of that certain Deed of Trust described above, be
and the same hereby is authorized by this Court.
It is further ordered that a return of such sale shall be made to this Court for its approval.
DONE this Twenty-seventh day of August, 2008
BY THE COURT:
Judge/Magistrate
Miller / 08-00923
08-0372
eRecorded in Wei. ,ounty, CO Doc Id: 3581702
10/02/2008 10:43 A Receipt#: 7380015
Page: 4 of 7 Total Fee: $38.00
Steve Moreno, Clerk and Recorder
Tyre ikr_anrent ruhnp, of the Corer ant _h,cnid,n ,sated le tech
Court CO Weld County District Court 19th JD
Judge: Roger A Klein
File & Serve
Transaction ID: 20900232
Case Number: 2008CV2785
Case Name: LASALLE BANK NATIONAL ASSOCIATION AS TRU vs. MILLER, JERRY DEAN et
al
Court Authorizer: Roger A Klein
Court Authorizer
Comments:
Dated 092208 entered nunc pro tune 082708
/s/ Judge Roger A Klein
08-0372
eRecorded in Weld Col CO Doc Id: 3581702
10/02/2008 10:43 A Receipt#: 7380015
Page: 5 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
APPENDIX A
08-0372
08-00923
Ocwen Loan Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
Susie Velasquez
Public Trustee of Weld County
809 9th Street Suite 1
Greeley, CO 80631
Castle Meinhold & Stawisrski, LLC
999 18th Street, Suite 2201
Denver, CO 80202
Occupant
4343 Weld County Road 6
Erie, CO 80516
Jerry Dean Miller
4343 Weld County Road 6
Erie, CO 80516
Cornet' Beane Miller
4343 Weld County Road 6
Erie, CO 80516
eRecorded in Weld Col
10/02/2008 10:43 A
Page: 6 of 7
Steve Moreno, Clerk
CO Doc Id: 3581702
Receipt#: 7380015
Total Fee: $36.00
and Recorder
APPENDIX A
SUPPLEMENTAL MAILING LIST pursuant to C.R.S. 38-38-103(1)(aXU)
08-00923
08-0372
Omen Loan Servicing, LLC
1661 Worthington Road, Suite 100
West Palm Beach, FL 33409
Susie Velasquez
Public Trustee of Weld County
809 901 Street Suite 1
Greeley, CO 80631
Castle Meinhold & Stawisreki, LIZ
999 18th Street, Suite 2201
Dover, CO 80202
Occupant
4343 Weld County Road 6
Erie, CO 80516
Lessee
4343 Weld County Road 6
Erie, CO 80516
Jerry Dean Miller
4343 Weld Comity Road 6
Erie, CO 80516
Jerry Dean Miller
c/o Keith Mostowilz, Eaq
3000 Pearl St Ste 206
Boulder, CO 80301
Cormey Ilene Miller
4343 Weld County Road 6
Erie, CO 80516
Comet' Beane Miller
do Keith Moetowitz, Esq
3000 Pearl St Ste 206
Boulder, CO 80301
Physicians Choice Medical, Inc
4343 Weld County Road 6
Effie, CO 80516
Bueboltz & Bull PC
Attention: James Bull
83M Sourhpark Lane
Littleton, CO 80120
Keith Moatowitz. Esq
3000 Pearl St Ste 206
Boulder, CO 80301
Charles Schlosser
1888 Sherman St Ste 650
Denver, CO 80203
Heritage Bank
2333 N Main St Ste E
Longmont, CO 80501
Buckeye Welding Supply Company, Inc
PO Boa 1522
Greeley, CO 80532-1522
Buckeye Welding Supply Company, Inc
Att James C Bull
5575 I7IC Parkway Suite 225
Greenwood Village, CO 81111.3016
eRecorded in Weld Co' CO Doc Id: 3581702
10102/2008 10:43 A Receipt#: 7380015
Page: 7 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
APPENDIX A
08-00923
08-0372
James C Bull
5575 DTC Parkway Suite 225
Greenwood Village, CO 80111-3016
CapFinancial CV2, ILC
do First Community Bank Successor by merger to Heritage Bank
7900 leftmost NE
Albuquerque, NM 87109
CapPinaociall CV2, LW
508 Third Street
Prinaburg, NM 65281-0038
eRecorded in Weld Cot CO Doc Id: 3586184
10/27/2008 09:12 A Receipt#: 7383601
Page: 1 of 1 Total Fee: $6.00
Steve Moreno, Clerk and Recorder
PUBLIC TRUSTEE'S CONFIRMATION DEED
SALE NO. 08-0372
THIS DEED is made 10/24/2008 between Susie Velasquez as the Public Trustee of Weld County,
State of Colorado, Grantor, and Troy D. Hefner and Judy K. Hefner, Grantee, the holder of the
certificate of purchase, whose legal address is 370 County Rd 16 1/2, Longmont, CO 80504.
WHEREAS, Jerry Dean Miller and Cortney Ileane Miller did by Deed of Trust dated August 31,
2004 and recorded in the office of the Clerk and Recorder of Weld County, State of Colorado on
September 14, 2004 under Reception number 3218759 , convey to the Public Trustee, in Trust, the
property hereinafter described to secure the payment of the indebtedness provided in said Deed of
Trust; and
WHEREAS, a violation was made in certain of the terms and covenants of said deed of trust as
shown by the notice of election and demand for sale filed with the public trustee; the said property
was advertised for public sale at the place and in the manner provided by law and by said deed of
trust; combined notice of sale and right to cure and redeem was given as required by law; said
property was sold according to said combined notice; and a certificate of purchase thereof was made
and recorded in the office of said county clerk and recorder; and
WHEREAS, all periods of redemption have expired.
NOW, THEREFORE, the Public Trustee, pursuant to the power and authority vested by law and
by the said deed of trust, confirms the foreclosure sale and sells and conveys to grantee the following
described property located in Weld County, State of Colorado, to wit:
THE E1/2 OF THE W1/2 OF THE SE1/4 OF THE SW21/4 OF SECTION 23, TOWNSHIP
1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO.
Also known by street and number as: 4343 Weld County Road 6, Erie, CO 80516
To Have And To Hold the same, with all appurtenances, forever.
EXECUTED the day and year first above written.
Public Trustee of \Veld County, State of Colorado
By: Gloria Fabia, Deputy' for Public Trustee
Attorney file name/number: 08-00923
Susie Velasquez
Public Trustee
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