HomeMy WebLinkAbout20043025.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ASHCROFT FIFTH THIRD LLC 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, Ashcroft Fifth Third LLC, VI #0300176, 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 October, 2004, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Mark Pfeifer, representative for Ashcroft Fifth Third LLC, 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 November 12, 2004, to allow adequate time for the property owners to submit
a building permit and a Certificate of Occupancy issued 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 VI #0300176 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Ashcroft Fifth Third LLC 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 November 12, 2004, to allow adequate time for the
property owners to submit a building permit and a Certificate of Occupancy issued to bring the
subject property into compliance.
2004-3025
PL0824
Cr' AL via //-er-f-0L/
VIOLATIONS -VI #0300176 -ASHCROFT FIFTH THIRD LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
E 1L6 W OUNTY, COLORADO
n ,n
Ism ]`q‘:71C-„,Co
'- den, Chair
la Robert D. Mas
r _*„.60 , lerk to the Board
✓� )j
�v)e n , .(L--," William H. ke, Pro-Tem
Deputy Clerk to the Board / rff ee �
J. Bile
AP ED AS TO F � EXCUSED
2
David E. Long
obnty Atto ey EXCUSED
Glenn Vaad
Date of signature: / /®V
2004-3025
PL0824
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Ashcroft Fifth Third LLC
Violation: VI-0300176
Mailing Address: 6312 Fiddlers Green Circle, Suite 500N, Englewood, CO 80111
Address: 16502 Badminton Road North, Platteville, CO 80651
Legal: Lot 44, Beebe Draw Farms and Equestrian Center, Corrected 1st Filing,
Weld County, Colorado
Location: East of CR 39, ''A mile South of CR 38
North: PUD
South: PUD
East: PUD
West Agriculture
Parcel Number: 1213-08-0-01-044 Acres: 3.03
Certified mail date: September 28, 2004 Received: October 1, 2004
Currently the property is in violation of Chapter 29, Article III (3), Section 29-3-10 of the Weld County
Code.
REMEDY
To bring the property into compliance a building permit shall be obtained to complete the home, all
inspections shall be completed, and a Certificate of Occupancy issued.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action.
CASE HISTORY
December 2, 2003 Ten-day compliance letter issued to KVC Inc.
December 2, 2003 Phone call from Karen Vaught. She does not have the finances to finish the
home and is going to deed the property to another company.
December 29, 2003 30-day violation letter issued.
February 26, 2004 Left message for Karen Vaught to call me.
March 2, 2004 30-day notice that permit is expired and a new permit shall be obtained.
March 8, 2004 Phone call from Karen Vaught. She is working with an attorney to deed the
property, this should be completed within two weeks.
March 23, 2004 Deed recorded from KVC Inc to Ashcroft Fifth Third LLC
2004-3025
VI-0300176
page two
April 29, 2004 Phone call to Karen Vaught, property has been deeded to Ashcroft Fifth Third
LLC. Contact person is Joe Oblas. They are aware they need to obtain a new
permit.
May 3, 2004 Phone call from Mark Stonegate of Ashcroft inquiring about the cost of a permit
to finish the home. Referred him to Roger Vigil.
May 25, 2004 Attempted to call Mark Stonegate. The recording says the phone does not
accept incoming calls. The number listed on Karen Vaught's letter for Joe Oblas
is not in service.
Ten-day notice to Ashcroft Fifth Third LLC to submit permit application
June 2, 2004 Phone call from Mark Stonegate. He had a family emergency but will be in on
June 4, 2004, to submit application.
June 18, 2004 Phone call to Mark Stonegate, he stated he will be on in June 23, 2004, to submit
application.
July 24, 2004 30-day violation letter issued.
September 28, 2004 Certified letter indicating the violation case is scheduled before the Board of
County Commissioners.
0:SSI(1
DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
WWW.CO.WELD.CO.US
E-mail Address: pgregory@co.weld.co.us
WI
O 918 10tPhonh ee (9 Oreeley, CO 80631 I D ) 353-6100x3568
Fax (970) 304-6498
COLORADO
September 28, 2004
Ashcroft Fifth Third LLC
6312 Fiddlers Green Circle
Suite 500N
Englewood CO 80111
Subject: VI-0300176, Lot 44, Beebe Draw Farms & Equestrian Center
VI-0300354, Lot 43, Beebe Draw Farms & Equestrian Center, Weld County, Colorado
Gentlemen:
The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled
a meeting with the Board of County Commissioners on October 12, 2004, at 10:00 a.m., to consider the
violations. The property is in violation of the following Section(s) of the Weld County Code:
Section 29-3-10 "Building Permit Required"
To bring your property into compliance:
Building permits shall be obtained to complete the single family dwellings at 16502
Badminton Road and 16504 Badminton Road.
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 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
/ a)
contact me at the above address, telephone number or e-mail address.
S�> �jrel�y g�
in,� Ant
Peggy Gregory
Building Compliance Officer
pc: VI-0300176
VI-0300354
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: pgregory@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970)353-6100, Ext. 3568
Q Fax: (970)304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
July 24, 2004
Ashcroft Fifth Third LLC
6312 Fiddlers Green Circle
Suite 500N
Englewood CO 80111
Subject: VI-0300176—Lot 44, Beebe Draw Farms & Equestrian Center
VI-0300354— Lot 43, Beebe Draw Farms & Equestrian Center, Weld County, Colorado
It has been determined that the properties located at 16502 and 16504 Badminton Road North are currently in
violation of the following Section(s) of the Weld County Code:
Section 29-3-10 of the Weld County Code states that no building or structure shall be erected, constructed,
enlarged, altered,repaired,moved, improved, removed, converted or demolished unless a separate building
permit for each building or structure has been first obtained from the Building Inspection Department.
To bring your property into compliance with the Weld County Code:
Building permits shall be obtained to complete the single family dwellings at both addresses.
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 July 24,
2004, to correct this building 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,
000
Peggy Grego
Building Compliance Officer
pc: VI-0300176
VI-0300354
13/4-wNst
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
ig
E-mail Address: pgregory@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
May 25, 2004
Ashcroft Fifth Third LLC
6312 Fiddlers Green Circle
Suite 500N
Englewood CO 80111
Subject: Lots 43 and 44, Beebe Draw Farms & Equestrian Center, Weld County, Colorado
I have previously been in contact with Karen Vaught of KVC Inc regarding building permits on the two lots
noted above. These permits were for single family dwellings at 16502 and 16504 Badminton Road North and
had never been completed and are now expired. On March 23,2004,a deed was recorded with Ashcroft Fifth
Third LLC listed as the Current Beneficiary ("Grantee").
On May 3, 2004, I spoke with Mark Stonegate who stated new building permits would be obtained so the
homes could be completed and Certificate of Occupancies issued. He also spoke with Roger Vigil, Chief
Building Inspector, regarding the applicable fees for these permits. I have attempted to call Mr. Stonegate at
the telephone number given to me and am unable to reach him. I was also given the name of Joe Oblas as a
contact person. The phone number listed to reach him is "Not in Service."
To date, no building permit applications have been submitted to the Weld County Building Department to
complete these homes. Please contact me within 10 days from the date of this letter regarding this matter.
Thank you for your cooperation in this matter.
Sincerely,
Pegg regory
Building Compliance
pc: VI-0300176
VI-0300354
Roger Vigil, Chief Building Inspector
SERVICE,TEAMWORK.INTEGRITY,QUALITY
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DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
' E-mail Address: pgregory@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
March 2, 2004
Karen Vaught
KVC Inc
13941 Tin Cup Circle
Broomfield CO 80020
Subject: Permit# BC-0100388— Lot 44, Beebe Draw Farms & Equestrian Center
Permit# BC-0100483— Lot 43, Beebe Draw Farms & Equestrian Center
Dear Ms. Vaught:
I have spoken with you regarding the above noted building permits and left a message for you on February 26,
2004. I understand you are attempting to resolve some issues and plan to deed the lots to another company;
however,there have been no inspections for more than two years. These permits are now expired and it will
be necessary to obtain new permits within 30 days from the date of this letter to avoid a violation notice for no
building permits.
Should you have questions, I may be reached at 970-353-6100, Ext. 3540. Thank you for your cooperation to
this matter.
Art
Peggy Gregory
Building Compliance
pc: BC-0100388
BC-0100453
- VI-0300176
VI-0300354
SERVICE,TEAMWORK,INTEGRITY,QUALITY
••
DEPARTMENT OF BUILDING INSPECTION
f \c
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: pgregory@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
O Fax: (970) 304-6498
COLORADO
• WELD COUNTY
BUILDING CODE VIOLATION NOTICE
December 29, 2003
Karen Vaught
KVC Inc
13941 Tincup Circle
Broomfield CO 80020
Subject: VI-0300176, Lot 44, Beebe Draw Farms & Equestrian Center Corrected 151 Filing,
Weld County, Colorado
Dear Ms. Vaught:
It has been determined that the property located at 16502 Badminton Road is currently in violation of the
following Section(s) of the Weld County Code:
Section 29-8-40 of the Weld County Code states that building permits shall expire after 180 days of inactivity.
To bring your property into compliance with the Weld County Code:
All necessary inspections on the new single family dwelling shall be completed and the permit shall have final approval.
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
December 29, 2003, to correct this building 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,
cia
Peggy Gregor
Building Compliance Officer
pc: BC-0100388
VI-0300176
(lek
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
E-mail Address: pgregory@co.weld.co.us
I- C 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
December 2, 2003
Karen Vaught
KVC Inc
13941 Tincup Circle
Broomfield CO 80020
Subject: Permit# BC-0100388—Lot 44, Beebe Draw Farms & Equestrian Center Corrected 1st Filing,
Weld County, Colorado
Dear Ms. Vaught:
It has come to the attention of the Department of Building Inspection that a building permit for a new single
family dwelling at 16502 Badminton Road was issued on May 18, 2001. According to our records,all required
inspections have not been completed. Failure to schedule inspections within 10 days from the date of this
letter will result in a violation notice.
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. 3540.
Thank you for your cooperation to this matter.
Sincerely,
qtt
Peggy Gregor
Building Compliance
pc: BC-0100388
VI-0300173
SERVICE,TEAMWORK,INTEGRITY,QUALITY
1 1111 1111111111111111 11111•� 1111111111111111111 III!
3163370 03/23/2004 11:2311 Weld County, CD
1 of 3 R 16.00 D 0.00 Steve Moreno Clerk 8 Recorder
970
DEED IN LIEU
OF FORECLOSURE
KNOW ALL MEN BY THESE PRESENTS:
For purposes of this instrument, the following terms are defined as set forth below and
usage's of said terms herein, whether in the plural or singular, masculine or feminine or neuter
gender, shall have one and the same meaning as set forth below.
GRANTOR: K.V.C., Inc.
ADDRESS OF GRANTOR: 16502 Badminton Road North, Platteville, Colorado 80651
ORIGINAL BENEFICIARY: Republic Mortgage
CURRENT BENEFICIARY: Ashcroft Fifth Third, LLC ("Grantee")
ADDRESS OF GRANTEE: 6312 Fiddlers Green Circle, Suite SOON,Englewood,
Colorado, 80111
PROPERTY LEGAL DESCRIPTION: Lot 44, Corrected First Filing Plat of Beebe Draw
Farms and Equestrian Center, County of Weld,
State of Colorado
which has the address of: 16502 Badminton Road North, Platteville, Colorado 80651
DEED OF TRUST: a Deed of Trust to the Weld County Public Trustee dated April 6,2001, and
recorded April 26, 2001, at Reception No. 2843363 of the Weld County,Colorado real property
records, which names K.V.C., Inc. as Grantor, and Republic Mortgage,Division of Old Kent
Mortgage Company, as beneficiary, and which secures an indebtedness under a Promissory Note
of even date in the principal amount of$373,827.00.
Grantor, who is a citizen of the United States of America, in consideration of being fully
released from any and all further liability to the grantee under the Promissory Note and Deed of
Trust and other good and valuable consideration in hand paid, receipt of which is hereby
acknowledged, does hereby grant, bargain, sell, convey and assign unto Grantee, all right, title
and any and all interest in the Property, together with all water rights, water taps, sewer,
electrical, gas and telephone connections, and all deposits related thereto, all insurance proceeds,
materials, plans, drawings, permits related to the Property and the improvements thereon,
homestead exemption, rights to cure and rights of redemption whether provided by law or
pursuant to the terms of the note, deed of trust or other loan documents and together with all
improvements thereon and appurtenances thereunto belonging, and warrants the title to the same
to be free, clear and discharged of and from all former and other grants,encumbrances or liens of
any kind or nature made or suffered to be made, and that Grantor will WARRANT AND
FOREVER DEFEND the same unto Grantee, its successors and assigns, against every person
whosoever claiming or to claim same. The foregoing warranty of title does not include the
current year's real property taxes, not yet due or payable,or easements,rights of way,or .
covenants, conditions, and restrictions of record,prior to the date of the Deed of Trust, if any.
CONSIDERATION: Waiver and release by Grantee of the outstanding original principal amount
of the debt, secured by the deed of trust, $373,827.00 but not the amount of any unpaid taxes,
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3153970 03123/2004 11:23A Weld County,CO
2 0l 3 R 15.00 0 0.00 Steve Moreno Clerk&Recorder
assessments,permit fees,mechanics'and materialmans' liens or unpaid mechanics' or
materialmans' bills or invoices,all of which shall continue to be the obligation of grantor,all
collectively known as the"unsatisfied obligations of Grantor",in exchange for the Deed in Lieu
conveying the Property to Grantee and$17,500 in good and available funds in the form of a bank
certified or cashier's check payable to Grantee(with both the above-referenced Deed in Lieu and
cash payment constituting material and necessary consideration inducing Grantee's agreement to
consider and enter into this Deed in Lieu of Foreclosure transaction with Grantor).
Grantor does hereby grant,bargain,sell and convey all fixtures,built-in appliances,
appliances,window and floor covering,plumbing,heating and cooling equipment and other
personal property currently on the property and/or subject to the lien of the Deed of Trust,and
Grantor does hereby warrant the title to same to be free and clear of all other claims,liens or
encumbrances of any kind or nature,whatsoever.
This Deed in Lieu of Foreclosure is an absolute conveyance of title for fair and adequate
consideration and is not intended as a mortgage,trust conveyance,or security interest of any
kind. The consideration therefor is the full release of said grantors from any and all further
personal liability for the indebtedness secured by the Deed of Trust.
Grantor declares that this conveyance is freely and fairly made and that there are no
agreements,oral or written,other than this Deed in Lieu of Foreclosure and the accompanying
Affidavit and Covenant agreement of even date,between Grantor and Grantee with respect to the
Property. The Grantor understands and agrees that the Deed in Lieu of Foreclosure is being
accepted by the Grantee as an accommodation to the Grantor,conditioned on there being no
other liens,judgments,attachments or other encumbrances of record at the time this document is
recorded,except as otherwise provided for herein.
Notwithstanding anything to the contrary contained herein,it is the specific intent of the
grantor and Grantee that the indebtedness secured by the deed of trust shall not be deemed
satisfied and the lien benefitting the Grantee,created by the deed of trust shall not merge into nor
shall it be deemed to have merged in to title to the Property conveyed to Grantee hereunder. It is
the intention of the parties hereto that the indebtedness evidenced by the Promissory Note and the
lien created by the deed of trust shall not be satisfied and released until the amounts due and
owing thereunder or under the Note and on the unsatisfied obligations of Borrower are satisfied
in full,at which time the Promissory Note will be marked"Satisfied in Full"by Grantee or its
successors or assigned and the Deed of Trust will be specifically released pursuant to a written
Request for release of Deed of Trust and Release of Deed of Trust executed by Grantee,or its
successors and assigns,and by the Public Trustee of the County wherein the Property is located,
and duly recorded in the real property records of Weld County,wherein the Property is located.
The undersigned acknowledges that the Grantee shall not be deemed to have accepted this Deed
in Lieu of Foreclosure and same is not effective until it has been filed of record by or on behalf of
the Grantee in the records of the Clerk and Recorder of the county wherein the Property is
located,and until the Deed of Trust is specifically released,at which time this Deed in Lieu of
Foreclosure shall be deemed to have been accepted and delivered. In the event that this
transaction is later rescinded or otherwise set aside by any Court or any Bankruptcy Trustee,then
2
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3169970 03/23/2004 11:23A Weld County,C0
3 of 3 R 16.00 0 0.06 Steve Moreno Clerk&Recorder
the lien created by the Deed of Trust,and the indebtedness secured thereby,shall Mai facto,be
reinstated according to the terms thereof,the lien priority thereof shall be reestablished as if this
conveyance had never been accepted,and any release of the Deed of Trust and any satisfaction of
the indebtedness shall be ineffective and of no force or effect.
TO HAVE AND TO HOLD said premises unto the said Grantee,its heirs,successors and
assigns forever.
IN WITNESS WHEREOF,the undersigned has hereunto set his hand thisalday of
February,2004.
GRANTOR:
K.V.C.,Inc.
n Vaught,Pre . ent
EIN#84-1344195
STATE OF COLORADO )
)ss.
COUNTY OF )
i AIL
efo e me,the undersigned Notary Public,in and for said County and State,this
day o . ,2004,personally appeared Karen Vaught,President of K.V.C.,Inc.,to me
known to be this identical person who executed the within and foregoing instrument and
acknowledged to me executed the same as free and voluntary act and deed for all uses therein set
forth.
Given under my hand and seal of office nf the day and year first above written.
a4-aw
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