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Home My WebLink About20050866.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST SIERRA VISTA ESTATES 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, Sierra Vista Estates,VI#0500372, 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 13th day of December, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation,and WHEREAS, Sierra Vista Estates 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 January 13, 2006, to allow adequate time for the property owners to complete the project and schedule all inspections to bring the subject property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0500372 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Sierra Vista Estates 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 13,2006,to allow adequate time for the property owner to complete the project and schedule all remaining inspections to bring the subject property into compliance. 2005-0866 N . PLC (mot- DI ni -t0( VIOLATIONS -VI #0500372 - SIERRA VISTA ESTATES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D., 2005. BOARD OF COUNTY COMMISSIONERS 4 II:.it, WELD COUNTY, COLORADO ATTEST: �;,,,�D 'yj at-7,"" , Qv illiam H rke, Chair Weld County Clerk to the Bo BY:C"\L1Ut(4CAM. J. 'le, Pro-Tem D uty Cle to the Board David E. Long AP V AST EXCUSED i1 Robert D. Masden unty Attorney EXCUSED Glenn Vaad Date of signature: / 7/30/C6 2005-0866 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Sierra Vista Estates Violation: VI-0500372 Situs Address: 7029 Jade Street, Fort Lupton 80621 Legal: Lot 8, Block 68,Aristocrat Ranchettes 3n° Filing, Weld County, Colorado Location: North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1309-26-3-17-008 Acres: .99 Certified mail date: October 25, 2005 Received: October 28, 2005 Currently the property is in violation of: Chapter 29,Article VII, Sections 29-7-120 and 29-7-130 REMEDY To bring the property into compliance, all inspections shall be completed on the permit for the manufactured home and a certificate of occupancy shall be issued. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attomey but delay action for 30 days as they are attempting to complete inspections. CASE HISTORY April 19, 2005 Permit issued. September 27, 2005 Letter to remind of expiration date. October 25, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. October 27, 2005 Phone call from Craig Mortenson of Premier Community Homes stating the project should be complete by December 13, 2005. 2005-0866 6 DEPARTM6wT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 ' pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 Ce SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 October 25,2005 SIERRA VISTA ESTATES LLC 2442 DOWNING ST#201 DENVER CO 80210 Subject: VI-0500371, Lot 8, Block 68, Aristocrat Ranchettes 3r° Filing, Weld County, Colorado Dear Property Owner: The property referenced above remains in violation of the Weld County Code. I have Scheduled a meeting with the Board of County Commissioners on December 13,2005,at 10:00 a.m., to consider the violations. The property is in violation of the following Sections of the Weld County Code: Chapter 29,Article VI "Mobile,Manufactured or Factory-Built Home Permits" Section 29-7-120 "Required Inspections." Section 29-7-130 "Certificate of occupancy." To bring your property into compliance: All inspections shall be completed on the permit for the 64 X 30 manufactured home and a certificate of occupancy shall be issued. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter,please contact me at the above address, telephone number or e-mail address. incerely, Peg 9Y tegory a Building Compliance Officer pc:VI-050037 , PRS-053012 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service "° CERTIFIED MAIL., RECEIPT ra (Domestic Mail Only:No Insurance Coverage Provided) m F•r•elivery inl.rm.ti•n visit.ur we.site lwww.us• .Ir OFFICIAL USE Ira Postage Certified Fee p Postmark p Return Receipt Fee (Endorsement Required) CI o Restrictedliver Lr (EndrsemeDelegy ee N $ Total Postage&Fees o o p SIERRA VISTA ESTATES LLC orPDemr No. 2442 DOWNING ST #201 Cm:State,ZIP.4 DENVER CO 80210 PS Form 3800.June 2002 sec Reverse fo InsVacbons SEN•E•: Ce MPLETE :Hi, i=cnrn'J rh ,- SECTI•N ON O[L NEFY ■ Complete items 1,2,and 3.Also complete A item 4 if Restricted Delivery is desired • Print your name and address on the reverse ! . _ !$ Agent so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, a Received by(Printed Name) C. Date of Delivery or on the front if space permits. Ter '.e 1 . • 1. Article Addressed to: D. Is delivery address different horn kern 17 ❑Yes If YES,enter delivery address below: O No SIERRA VISTA ESTATES LLC 2442 DOWNING ST #201 DENVER CO 80210 3. Service Type =Certified Mall ❑Express Mail p.Registered C Rehm Receipt for Merchandise ❑insured Mall ❑C.O.D. 4. Resegted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service kit 7004 2890 0003 5709 38% PS Form 3811,February 2004 Domestic Return Receipt t -l-isa rice DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street Greeley, CO 80631 O pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720)652-4211 September 27, 2005 SIERRA VISTA ESTATES LLC 2442 DOWNING ST#201 DENVER CO 80210 Subject: Permit#'s BCS-050125 and PRS-053012—Lot 8, Block 68, Aristocrat Ranchettes 3r° Filing, Weld County, Colorado It has come to the attention of the Department of Building Inspection that two permits at 7029 Jade Street were issued on April 19, 2005. Permit number BCS-050125 for a detached garage has had no inspections and will expire on October 16, 2005. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit,or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced,a new permit shall be first obtained to do so,and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5)years. B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Article for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee as established by the Board of County Commissioners. Failure to schedule inspections or request an extension on the garage permit within 10 days from the date of this letter will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two Permit number PRS-053012 for a manufactured home on a crawlspace will also expire on October 16,2005, and very few inspections have been completed. Section 29-7-130 of the Weld County Code states that a certificate of occupancy shall be obtained on all mobile, manufactured,or factory-built homes no later than one hundred eighty(180)days after the permit is issued. In the event the certificate of occupancy is not issued by the expiration date, a meeting may be scheduled with the Board of County Commissioners to review the violation. The Board will determine if an extension is warranted or if the case should be referred to the County Attorney for legal action. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, p l/0 f Jed (/ p Peggy Gregory Building Compliance pc: BCS-050125 PRS-053012 SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Building Inspection Department 1555 North 17th Avenue,Greeley,CO 80631 970-353-6100,Ext.3540 Fax: 970-304-6498 Permit# PRS-053012 Status MHCOHO Applied 03/18/2005 Issued 04/19/2005 Expires 04/10/2006 Job Address 7029 JADE ST ARI Job Location 7029 JADE ST L8 B68 ARISTOCRAT 3RD Job Description 64 X 30,2005 SUMMIT CREST MANUFACTURED HOME- 1200 SF CRAWLSPACE-FOR PRINCIPAL DWELLING. 09/27/05 -LEI IhR TO ADVISE OF EXPIRATION DATE(PJG) Occ. Class R-3 Construction Type: V-B Zone District AGRICULTURAL Parcel Number 1309-26-3-17-008 APPLICANT PREMIER COMMUNITY 03/18/2005 Phone:303-846-1797 2442 S DOWNING#201 DENVER CO 80210 PLUMBING C&S PLUMBING 03/18/2005 Phone: 970-330-6293 2970 W 29 ST#15 GREELEY CO 80631 License: 185446 FOUND CONT GAGNE CONCRETE 03/18/2005 Phone: 303-366-0814 859 W FOUR WAY WATKINS CO ELECTRICAL J&J ELECTRIC CO LLC 08/26/2005 Phone:303-536-4540 23528 CR 4 HUDSON CO 80642 License: 6824 MECHANICAL MASON CONSTRUCTION 03/18/2005 Phone: 970-532-7040 PO BOX 270650 FT COLLINS CO 80527 License: 1000103 INSTALLERS MASON CONSTRUCTION(CERT) 03/18/2005 Phone: 970-532-7040 PO BOX 480 JOHNSTOWN CO 80534 License: 1000103(CERT) ELECTRICAL MAX POWER ELECTRIC 04/19/2005 Phone:303-745-1134 7731 DENVER CO 80231 License: 5076 AGENT MF#14792 07/08/2005 OWNER SIERRA VISTA ESTATES LLC 03/18/2005 Phone: 303-847-1797 2442 S DOWNING#201 DENVER CO 80209 Minimum Required Zoning Setbacics N- 10 S- 20 E- 20 W- 7 ALL SETBACKS FROM LOT LINE FEE SUMMARY Total Permit Fees $2,414.25 Total Payments .00 • I I lift i NINNII III I III'��II'IIIII THIS DDCUMENTdWAS FDUND '1 el 3 N 16,00 D I6 p Il m Weld 6eaaa,_a Romer TO BE INADEQUATE FOR _--j SCANNING PURPOSES. i • WARRANTY DEED THIS DEED, made on 03/10/04 between Nancy J. Seymour and Lon A. Seymour of the city and County of Denver and State of Colorado , grantor, and Sierra Vista Estates, LLC, a Colorado limited liability company l whoa, legal address is 2442 Downing Street, #201 Denver, CO 80210 of the city and County of Denver and State of Colorado , grantee, wrilissaxxx, that the grantor, for and in consideration of the sum of Eight hundred ninety eight thousand eight hundred dollars and no cents rnr ,.sn 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, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado described as follows: (continued) . as known by street and numbers as: Aristocrat Ranchettes Vacant Land:.107 Lots . TOOSTSfl with all and singular the hereditament• and appurtenances thereto 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, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO NAVE AND TO ROW the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the annealing and delivery of these presents, he is well seised of the premises above conveyed, had 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 as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for general taxes and assessments for the year 2004 and subsequent years; and items as set forth in Exhibit "A' attached hereto. Except for Grantee's exclusive right to use the surface estate, Grantor shall retain the right to all gas, oil, coal and other mineral-rights appurtenant to the Property. The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable po ion of the grantee, his heirs and assigns, against all and every person or persons la ully claiming the whole of any part thereof. The singular number shall include the plural, a plural the singular, and the use of any gender shall be applicable to all genders. TN WITNESS OS, a grantor has executed this {/{Jlgcad�Tot on the date set forth above. Nitric. J. S LOn A. 5eymo uY 8Th ; y -do ` , e } 83. • y- 'of Dentgke • The foregoi v sac owledged before me this 10th day of March , 2004 by Nancy J. �s �.� A. .eymour OLswitness.• . nd and official seal. commission expires � . of ry Public y/Oswyyee Sseme fear)" - QQG!i. 228930 7GRCea 'I OM !b asu.aav vo-al warn tc w.afrer,M Mic ...corm HOSTS aw,�un MCI=PAW / 11111114111111111111111111111101111111n11 8168677 04/0712064 12:81P Weld Coil CO 2 al 8 R 16,00 0 68,68 ten Mono work R Reorder LEGAL DESCRIPTION (continued) File No. GRC 228930 BLOCK 67: LOTS 1, 2, 3 & 8 BLOCK 68: LOTS 1 through 8 inclusive BLOCK 69: LOTS 1 through 8 inclusive BLOCK 70: LOTS 1 through 8 inclusive BLOCK 71: LOTS 1, 2, 5, 6, 7 & E BLOCK 72: LOTS 1, 2, 3, 6, 7 & 8 BLOCK 73: LOTS 1. 2 & 3 BLOCK 74: LOTS 1, 2, 7 4 8 BLOCK 75: LOTS 1 through 8 inclusive BLOCK 76: LOTS 1 through 8 inclusive BLOCK 77: LOTS 1 through 8 inclusive BLOCK 78: LOTS 1, 2, 3, 7 & 8 BLOCK 79: LOTS 1, 2, 6, 7 & 8 BLOCK 80: LOTS I through 8 inclusive BLOCK 81: LOTS 1 through 8 inclusive BLOCK 82: LOTS 1 through 4 inclusive BLOCK 83: LOTS 1 through a inclusive BLOCK 84: LOTS 1 & 2 All in Aristocrat Ranchettes Third Piling County of Weld State of Colorado TOGETHER with the exclusive right to use the entire surface estate of each Lot; all water rights owned by Grantor, if any, and appurtenant to same including, without limitations, all subterranean water and water rights, all water tap rights and credits; all interest of Grantor, if any, in vacated and existing streets and alleys adjacent thereto; all easements and appurtenances thereto; all improvements thereon; if any, all attached fixtures thereon, if any, and all other rights or claims appurtenant to the subject real property now owned or hereafter acquired, if any, and all information concerning the subject reel property provided by Grantor to Grantee. 13,11L111011„11112,111111,1111.,11.1 101ptyIII]II II titad 3315.00 oleo S'IlonRaCNDae EXHIBIT'A" EXCEPTIONS CONTINUED The right of the proprietor of a vein or lode to extract or remove his • ore, should the same be found co penetrate or intersect the premises thereby granted and rights of way for ditches and canals as reserved in 1 the United States Patent recorded September 10, 1917 in Book 333 at Page 113, and any and all assignments thereof or interests therein. Rig c e Farmers Reservoir and Irrigation 4 Co , e Brighton Latex d November 23, 1910 in _ at Page 136, weld County Records. • Reservation as contained in Warranty Deed from Morris Kaplan and Saucil • Kaplan to Clarence O. Byrnes and Annie Faye B•rnu::, recorded February 19, 1954 in Book 1382 at Page 451 Reservation as contained in Deed from George A. Scavo to N. J. McConahay, recorded March 22, 1960 in Book 1553 at Page 624, Weld County Records, which is as follows: "and except one-half (1/2) of all existing oil, gas and mineral rights which grantor :'serves unto himself, his heirs and assigns." Deed from George Scavo to N. J. McConahay, recorded April 16, 1970 in Book 623 under Reception No. 1545438, Weld County Records, conveying "all of my right, title and interest to oil, coal and other minerals located in: The SW1/4 of Section 25 and all of Section 27, both in Township 2 North, Range 6 West of the 6th P.M., Weld County, Colorado." • Oil, Gas and Mineral Lease, and any and all assignments thereof, dated March 1, 1971, executed by Morris Kaplan and Saucil K. Kaplan, as Lessor and Rodney P. Calvin, as Lessee, for a term of 20 years, recorded March 9, 1971 in Book 641 under Reception No. 1563465. An Oil and Gas Lease, and any and all assignments thereof, dated August 6, 1971, executed by N. J. McConahay, as Lessor and Antelope Gas Products, as Lessee, for a term of b years, recorded August 12, 1971 in Book 651 under Reception Nc. 1573199. All oil, coal and other minerals as conveyed by N. J. McConahay to Nelson John NcConahay Trustee of the Nelson John McConahay Trust Agreement by Quic Claim Deed recorded March 15, 1973 in Book 687 under Reception No. 1609101, weld County Records. An oil and gas lease, executed by W. J. McConahay and Olive MCConahay, as Lessor(s) and by date Macey and Paul M. recorded Jr., as 1Lessee(s) , for a primary term of 2 years, dated May 24. 1977 and recorded .Tune 6, 19771, Book Hook 799 at Reception No. 17093;, .and any and all assignments thereof or interests therein. An Oil and Gas Lease, and any and all assignments thereof, dated April 9, t execute ny xrcna+ a W. B. Macey and Paul M. MGYShpn Jr., a or a term of Five 1979 in Hook 867 eception No. 1789143. Covenants, conditions, easements and restrictions, which do not include a forfeiture t nand all supplements, ad ne ationn B ok53under l ___ _ sex, handicap, familial status, or national origin. race, _ All easements and notes on the n,corded plat of Aristocrat Ranchettes Third Filing. File No. GRC228930 Seymour to Sierra Vista Estates,LLC 107 Lots,Aristocrat Ranchettes Weld County,Colorado Init als . rye Maintenance } 'Cancel STR'., 26-02-66 Q�wnr Name/Adliress 60 6U1t100 'Account SIERRA VISTA ESTATES LLC L ( - Legal Description ® D442 DENVER DOWNING ST 0 11201 _J MR LB Bt 1+68 ARISTOCRAT RANCHETTES 3 FG COCtl 80210 Year District 2005 2241 Apr Dist St A Parcel Number MH Space Sect 1309-26-3-17-008 Sheet No Dir Sheet Name Type No# Location City 9 Location Zip Acct Type Lagt WELD000000000 Vacant Land BACode Owner Id Owner Location Map No n Business Name Version O{ _ Time 10 Appt - New Versio 200 29131 SEP 2005 12011 PM Si H APPR 20051025000 T Name ;'. Tax Items rPrrtpat.(7J TYPE ACTUAL ASSD j ACRES _ SQ FT L J'Sdus . t Pre%5 rc J� Iirttite Auth PerSt LAND 109 309 0 992r 43 22$ 1 Mobile r cnr rl r value ly#'erg fI IMPS . "' _Q.^ 4 r Tract '"Tax Sale rhI aril C s t F Condo y r✓Spc.Asmt. I-Control F Recording i i g ' Ipck r #Irne{„ bisiory i- Imaging ' TOTAL _ 109 30j T-bales ' FSl6 +g r- Queries � r Mdse( r Elays; Fxeiopticn r Sketch.-. . .(ACCOUNT Current Year Prior Version )—Nail Irk Tax Chg tit Track T"Acct CFig` Prior,Year Nc[alf Varsican Abatement Value Sum Next Year. Characteristics Property Card Fit . - 'fir c 802PIA ' art : ,�� ,.ins' ijorj tlidti; , itr_ _ Hello