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HomeMy WebLinkAbout20021214.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JOHN AND PAT VELTRI 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, John and Pat Veltri, VI #0100366, 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 14th day of May, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Pat Veltri, 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 July 14, 2002, to allow adequate time for the property owners to find out the options that are available regarding the mobile home on their property, or removing it from the premises. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0100366 be, and hereby is, referred to the Weld County Attorney's Office for legal action against John and Pat Veltri 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 July 14, 2002, to allow adequate time for the property owners to find out the options that are available regarding the mobile home on their property, or removing it from the premises. C lzi 2002-1214 PL0824 VIOLATIONS -VI #0100366 - JOHN AND PAT VELTRI PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D., 2002. BOARD OF COUNTY COMMISSIONERS ---,t- 1.i WELD COUNTY, COLORADO ATTEST: d� !) ��, / l Eb� d " "`'�7 GI Vaad, Chair Weld County Clerk to th BQhr' t`,".1 , A 11 cc 2, iZill David E. Lon/Pro-Te BY: Deputy Clerk to the Bo M. J. Gile AP D AS O % td.1,_-e 7inRrv v Robert D. Masden Date of signature: `9.29 2002-1214 PL0824 DATE: May 9, 2002 VIOLATION NUMBER: VI-0100366 NAME: Mr. & Mrs . John Veltri SITES ADDRESS: 27364 3rd Avenue, Gill, CO 80624 MAILING ADDRESS : PO Box 148, Gill, CO 80624 ZONE DISTRICT: Agriculture LEGAL DESCRIPTION: Lot A of RE-2926 also known as part of the S2 of Section 27, T6N, R64W, of the 6" P.M. , Weld County, Colorado ACREAGE: 11.59 Acres CASE SUMMARY September 24, 2001 Initial complaint received. December 18, 2001 Initial inspection completed. December 19, 2001 Five day compliance encouragement letter issued. January 29, 2002 Violation letter issued. February 27, 2002 Property inspected. Property still in violation. February 28, 2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners . March 11, 2002 Property inspected. Property still in violation. March 22, 2002 Received certified letter back as "Unclaimed" . April 10, 2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Currently, there is a violation of Chapter 23, Article III (3) , Division 1, of Sections 23-3-20, 23-3-20 .B, 23-3-20 .P and 23-3-30, Chapter 23 , Article IV(4) , Division 3 of Section 23-4-130 and Chapter 29, Article VII (7) of Section 29-7-10 of the Weld County Code. To bring the property into compliance the property owner shall complete and submit a Building Permit and a Zoning Permit for the mobile home or the mobile home shall be removed. Additionally, utilizing camper/trailers/Recreational Vehicles as a dwelling unit is not an allowed use through the Weld County Code. The Department of Planning also recommends that the County Attorney authorize legal action against 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 . 2002-1214 i ' ` • i f 11 dr �• ' - _4� `. -_- •rte:' . . a - C . .. - .�.a ' ' •-ter'�' •licla. • ... c`k lta� '�► . _ "•eYd ► ice' a , :areak . a tfreit;issH, DEPARTMENT OF PLANNING SERVICES C Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 April 10, 2002 Mr. & Mrs.John Veltri PO Box 148 Gill, CO 80624 Subject: VI-0100366, Lot A of RE-2926, also known was part of the 52 of Section 27, T6N, R64W and part of the N2 of Section 34, T6N, R64W of the 6`" P.M., Weld County, Colorado Dear Mr. & Mrs. Veltri: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 14, 2002, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s) of the Weld County Code: Chapter 23,Article III, Div I "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.B "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." Section 23-3-20.P "Mobile home subject to the additional requirements of Article IV,Division 3 of this Chapter." Section 23-3-30 "Accessory uses." Article IV, Division3 "Mobile Homes" Section 23-4-130 "Permit requirements. -No mobile home may be located or relocated in the County after August 25,1981,except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each mobile home located or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29 of this Code. An application for any zoning permit for a mobile home required by this Division shall include the following:" Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits." Section 29-7-10 "Permit required. No mobile,manufactured or factory-built home,as defined in this Building Code,may be located or relocated within the County without a building permit issued by the Building Official." To bring the property into compliance the following option(s) are available: I can not find either a Zoning Permit for a Mobile Home(ZPMH) or a Building Permit for the mobile home. Additionally,there is apparently a recreational vehicle/camper-trailer being utilized as a dwelling unit. To bring the property into compliance the required permits shall be obtained or the items shall be removed. This meeting 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 from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. Mr. &Mrs. Veltri Page 2 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. us:fservice Sincerely, Gl=ut tr-iED MAIL RF;FIPT" . (Cfomestic&tai!Only;:Nerlrsurance Coveragp':l?rrovrded)- .. 1-1 . Bethany Salzman m ' ! 11 L- . __ _-_..... __-_._ - Y^ Zoning Compliance Officer l Postage 3 —1 pc: VI 01003b6 Certified Fee Trudy Halsey, Building Compliance Officer Postmark Return Receipt Fee tiers Lri Department of Planning Services n� %indorsement Required) _._.___.__—_____....._. Bruce Barker, County Attorney im Restricted Delivery Fee I:3tEndmsement Required} ___.... I] Total Postage b Fees 1 ru In Recipient's Name (Please Print Clearly)(To be completed by metier) o MR. & MRS. JOHN VELTRI O Street,Apt.No.;or PO Box No. i CI1. PO BOX 148 IM City,State;ZIP+4 P- GILL Co 80624 SEN•E-: C•M-LETETHISSECTf•N C•M• TtiPSSE •N • • LIVE-Y • Gompidte items 1,2,and 3.Also complete • ;°•k Si9rfatu f. Item 4 if Restricted Delivery is desired. 0 Agent Its Print your name and address on the reverse X c l 0 Addressee so that we can return the card to you. R eived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. Vr , 4CN.C-' D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No MR. & MRS. JOHN VELTRI PO BOX 148 GILL, CO 80624 3. Service Type Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise • ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer from service label) 7000 0520 0025 0404 6315 PS Form 3811,August 2001 Domestic Return Receipt 102545.01-W2509 . SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Code Compliance Division !nip O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 February 28, 2002 Mr. & Mrs. John Veltri PO Box 148 Gill, CO 80624 Subject: VI-0100366, Lot A of RE-2926, also known was part of the S2 of Section 27, T6N, R64W and part of the N2 of Section 34, T6N, R64W of the 6`h P.M., Weld County, Colorado Dear Mr. & Mrs. Veltri: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 9, 2002, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s) of the Weld County Code: Chapter 23,Article 111, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.8 "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." Section 23-3-20.P "Mobile home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30 "Accessory uses." Article IV, Division3 "Mobile Homes" Section 23-4-130 "Permit requirements. -No mobile home may be located or relocated in the County after August 25, 1981,except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each mobile home located or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29 of this Code. An application for any zoning permit for a mobile home required by this Division shall include the following:" Chapter 29,Article VII "Mobile, Manufactured or Factory-Built Home Permits." Section 29-7-10 "Permit required. No mobile,manufactured or factory-built home,as defined in this Building Code,may be located or relocated within the County without a building permit issued by the Building Official." To bring the property into compliance the following option(s) are available: I can not find either a Zoning Permit for a Mobile Home (ZPMH) or a Building Permit for the mobile home. Additionally,there is apparently a recreational vehicleicamper-trailer being utilized as a dwelling unit. To bring the property into compliance the required permits shall be obtained or the items shall be removed. This meeting 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 or County Commissioners might have about the violations. Please also be advised that I will be taking video from the road or adjacent properties the business clay before or as soon as possible to the _ibove mentioned Violation Hearing date. - Mr. &Mrs. Veltri Page 2 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. U.S.Postal Service Sincerely, CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) I � � Bethany Salzman O Zoning Compliance Officer Postage $ O pc: VI-0100366 0 Certified Fee Trudy Halsey, Building Compliance Officer Postmark tit Return Receipt Fee Here Department of Planning Services ru (Endorsement Required) Bruce Barker, County Attorney O Restricted Delivery Fee O (Endorsement Required) O Total Postage&Fees ru u1 Recipient's Name (Please Print Clearly)(To be completed by mailer) CI MR. & MRS. JOHN VELTRI O Street,Apt No.;or PO Box No. CI IPO BOX 148 NCit,State,ZIP+4 GILL I CO 80624 PS Form 3800,Februa 2 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE January 29, 2002 Mr. & Mrs. John Veltri PO Box 148 Gill, CO 80624 Subject: VI-0100366, Lot A of RE-2926, also known was part of the S2 of Section 27, TEN, R64W and part of the N2 of Section 34, T6N, R64W of the 6`h P.M., Weld County, Colorado Dear Mr. & Mrs. Veltri: 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 Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.B "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." Section 23-3-20.P "Mobile home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial junkyard." Article IV, Division3 "Mobile Homes" Section 23-4.130 "Permit requirements. - No mobile home may be located or relocated in the County after August 25, 1981, except in accordance with this Division,including the issuance of any zoning permit which may be required by this Section. Each mobile home located or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29 of this Code. An application for any zoning permit for a mobile home required by this Division shall include the following:" Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits." Section 29-7-10 "Permit required. No mobile, manufactured or factory-built home,as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official." RECREATIONAL VEHICLE: A transportation structure or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions designed to be used as a dwelling for travel, recreation or vacation uses. The term recreational vehicle shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. For the purpose of this Code,a recreational vehicle shall be subject to all requirements and restrictions for mobile homes as provided in this Chapter when its placement is intended for non-transient residency. A recreational vehicle shall not be used for temporary storage,temporary accessory farm use, temporary accessory use during a medical hardship, temporary accessory use as an office or as a principal dwelling unit. To bring your property into compliance with the Weld County Code: I can not rind either a Zoning Permit fc• btobiie Home(ZPMH)or a Building Permit for the mobile home. Additionally, there is apparently a recreational vec.. a/camper-trailer being utilized as a dwelling unit. To bring the property into compliance the required permits shall be obtained or the items shall be removed. Mr. &Mrs. Veltri Page 2 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 30(thirty) days from ,January 29, 2002, 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 helpful. 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, Bethany Salzman Zoning Compliance Officer pc: VI-0100366 Department of Planning Services Bruce Barker, County Attorney SERVICE.TEAMWORK,INTEGRITY,QUALITY • Icp DEPARTMENT OF CoANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co,weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 o Fax: (970) 304-6498 COLORADO • December 19, 2001 Mr. & Mrs. John Veltri PO Box 148 Gill, CO 80624 Subject: VI-0100366, Lot A of RE-2926, also known was part of the 52 of Section 27, T6N, R64W and part of the N2 of Section 34, T6N, R64W of the 6"' P.M., Weld County, Colorado Dear Mr. & Mrs. Veltri: 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. The potential noncompliance with the Weld County Code is the utilization of a camper/trailer/Recreational Vehicle as a dwelling unit. • Please contact me within five working days of the date of this letter to review these concerns with me. Failure to show progress or to close the violation, will result in a thirty-day violation notice being issued. 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, Bethany SalzOan Zoning Compliance Officer pc: VI-0100366 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY • © a T L• L O o o F a1 ml ill G d 5 a op cci N O w C i OQ 07 0 W 0 } Q _._..___.._.._� o H ► 1 w o I E I d ► i C J Cam' I r7 Id I77 c O 40 6� t _o O d ^ U :A _ ( i .9 J ¢ G ` LpO o Q c Q �° N ,..... CO v N N X N c0 1_ la = C V 67 C3 Na)• 0 o G) co N . a1 • c I I -o a I Cl $ c •N c , o Ii Q o C q q co W (73 J C.') OD J OD d N _ N . i �> ' N O OD _ Q z a) I cu iV c, • 6 ^ N C Y E N N N 0) fV a) Q) O Q1 oj O) ( ) V) C _ J Q z ll a] al D G a 0 a 4 � < 4 ? 4 z fn._ ! ' i cr.-1;N) (li DEPARTMENT OF PLANNING SERVICES 11 I lik. Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO Y'' ( tt Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT 0 Staff/Name: X, Citizen 0 Other: t-U q❑ HEALTH DEPARTMENT Citizen's Name(If known): x . t(`( ICU r) ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT In PUBLIC WORKS/PEST&WEEDS + Date Complaint was received: (kIo 4I D I Pending Case#(i.e.USR,RE,SE, ect...): KO, DC 3544 T U R uLt Lot- A QC C-a° alp Legal Description:P EA' DC f3a c llq �1(o .A_04 E Parcel#: CSCA. C-c •()m?) Violation Address: c 4 J X of 1 -'d (\v' , Eh 11� Pat i ( c $NDU?�1 Property Owners Name: �/� ,I1 - -tru l ` at Phone: Property Owners Address: Pa r.,X-m, \t\' Eli t (_t CAL) 7stioaL1 Tenant's Name: Phone: Tenant's Address: t /f NATURE OF COMPLAINT: (?rnuft I 'o a Vd 'lei 0 Nri rit. a I iJ tat 0j riq (. 'l l'k_. Complaint Referred To: <'F c'�, N. Date: Complaint Referred To: Date: Additional Notes: 1111111111111111111III11111111111111111111111 IIII IIII 'CP7 2827297 0212112001 02:00P JA Sold Teukamoto 1 of 2 R 10.00 D 23.00 Weld County CO _ c WARRANTY DEED THIS DEED, Made this 15th day of February, 2001 between Fern A. Howard, also known as F. A. Howard of the County of Denver and State of Colorado, grantor, and John E. Veltri and Pat S. Veltri whose legal address is 27364 3rd Avenue, Gill, Colorado 80624 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of TWO HUNDRED THIRTY THOUSAND AND 00/100, ($230,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents C \ does grant, bargain, sell, convey and confirm unto the grantees, their heirs and �r (1Q assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, �I 3 together with improvements, if any, situate, lying and being in the County of Weld J and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as 27364 3rd Avenue, Gill, Colorado 80624 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and ions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, 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 grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, doss covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assess meats, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2001 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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 has executed this ed on the date set forth above. Fern A. Howard, also known as F. A Howard STATE OF COLORADO } } ss. The foregoing instrument was acknowledged before County of Weld } me this 15th day of February, 2001 by Fern A. Howard, also known as F. A. Howard Witn s my hand and official seal. My fission expi es N r 15, 2001 • pSRRY p NOTARY PUBLIC ........... 1295 Main St. No. 921A. Rev. 85,• '•.� Windsor, COLORADO 80550 DANELL,q ' I -41. SLDCH L• .cot#. 1111111 a111111111111111111111111111111III11111IIII IIII 2827297 02/2112001 02:OOP JA Sukl Teulamoto 2 0l 2 R1100 D2100 Weld County CO "EXHIBIT A" LEGAL DESCRIPTION Lot A of Recorded Exemption No. 0801-34-3-RE2926, recorded February 8, 2001 as Reception No. 2824678, being a part of the SW1/48W1/4 of Section 27 and the N1/2 of the N1/2 of Section 34, in Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. RESERVING HOWEVER,unto grantor, all oil, gas and other minerals presently owned by said grantor, if any, in, on, under,upon and that may be produced from said premises, TOGETHER WITH the rights of ingress and egress necessary to explore for, mine and remove such oil, gas and other minerals. Hello