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HomeMy WebLinkAbout20043024.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST WAYNE AND STACEY LANDWEHR 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, Wayne and Stacey Landwehr, VI #0200641, 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 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,Wayne and Stacey Landwehr were 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 December 12, 2004,to allow adequate time for the property owners to complete all inspections for the 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 #0200641 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Wayne and Stacey Landwehr 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 December 12, 2004, to allow adequate time for the property owners to complete all inspections for the building permit and a Certificate of Occupancy issued to bring the subject property into compliance. 2004-3024 PL0824 e a-, WO //-0c/—DV/ VIOLATIONS -VI #0200641 -WAYNE AND STACEY LANDWEHR 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. flBOARD OF COUNTY COMMISSIONERS a 1/1/ 4D COUNTY, COLORADO a Robert D. Masden, Chair he Boar William H. rke, Pro-Tem Deputy Clerk to the Board /-CG./ M. J. eile APP D AS M: EXCUSED David E. Long unty EXCUSED Glenn Vaad Date of signature: /it/Of f 2004-3024 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Wayne A and Stacey Landwehr Violation: VI-0200641 Address: 27245 County Road 62.75, Gill, CO 80624 Legal: Part of the N2 of Section 34, T6N, R64W, Lot B Recorded Exemption 2926, Weld County, Colorado Location: North of and adjacent to CR 62.75, '/ mile East of Highway 37, '/4 mile South of the Town of Gill North: Agricultural property South: Agricultural property East: Agricultural property West Agricultural property Parcel Number: 0801-34-0-01-054 Acres: 70.36 Certified mail date: September 28, 2004 Received: October 4, 2004 Currently the property is in violation of Chapter 29, Article VIII (8), Section 29-8-40 of the Weld County Code. REMEDY To bring the property into compliance, all inspections shall be completed on building permit number BC-0100357 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 February 20, 2003 Letter from Wendi Inloes regarding status of building permits and zoning permit. March 31, 2003 30-day violation letter issued. April 7, 2003 Received letter from property owner stating construction should be completed by March, 2004. April 24, 2003 Letter advising status of permits. June 6, 2003 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. June 25, 2003 Inspection performed June 25, 2004 Ten-day letter compliance letter issued 2004-3024 VI-0200641 page two July 20, 2004 30-day violation letter issued. September 28, 2004 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. (it DEPARTMENT OF BUILDING INSPECTION Code Compliance Division ' WWW.CO.WELD.CO.US '1111 D CCO E-mail Address: pgregory@co.weld.co.us 918 10th Street,( 70)Greeley,53- 10x3561 Phone (970) 353-6100x3568 Fax (970)304-6498 COLORADO September 28, 2004 Wayne and Stacey Landwehr 27245 CR 62.75 Gill CO 80624 Subject: VI-0200641 , Part of the N2N2 of Section 34,T6N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Landwehr: 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 29-8-40 "Expiration of permit" To bring your property into compliance: all inspections shall be completed for the single family dwelling and a Certificate of Occupancy shall be issued. The"temporary during construction"mobile home shall be removed within 30 days of the issuance of the Certificate of Occupancy. 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 contact me at the above address, telephone number or e-mail address. Sincerely, � GIB Peggy Gregory Building Compliance Officer pc: Vl-0200641 BC-0100357 _ • SERVICE,TEAMWORK,INTEGRITY.QUALITY U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) M1 0"' m rll Postage $ O O Certified Fee Postmark LFI Return Receipt Fee (Endorsement Required) Here rU O Restricted Delivery Fee CI (Endorsement Required) o Total Postage 8 Fees $ rU in Recipient's Name (Please Print Clearly)(To be completed by mailer) C WAYNE AND STACEY LANDWEHR O Street,Apt.No.;or PO Box No. O 27245 CR 62.75 N cIrybILLZCO 80624 'S Form 3800,February 2000 See Reverse for Instructions SEN aE': C•M'LETE l SECTIeN C e M'LETE THIS SECTI•N eN •ELIVERY • Complete items 1,2,and 3.Also complete A. Signature ❑ Agent item 4 if Restricted Delivery is desired. ' {... ■ Print your name and address on the reverse V_�, ! . ,. 21 Addressee so that we can return the card to you. B. Receive*y(Printed a e) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No WAYNE AND STACEY LANDWEHR 27245 CR 62.75 GILL CO 80624 3. Service Type ER Certified Mail ❑ Express Mail ❑ Registered O Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 7000 0520 0025 0402 8397 (Transfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595.02-M-1540 DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us 111111 1555 N. 17th Avenue, Greeley, CO 80631 CPhone: (970) 353-6100,: (9 0t 3568 O Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE July 20, 2004 Wayne and Stacey Landwehr 27245 CR 62.75 Gill CO 80624 4 Subject:VI-0200641, Part of the N2 of Section 34, 4, R64W of the 6`h P.M., Weld County, Colorado Dear Mr. and Mrs. Landwehr: It has been determined that the property located at 27245 County Road 62.75 is currently in violation of the following Section(s) of the Weld County Code: Chapter 23,Article IV,Div 3 "Mobile Homes" Section 23-4-130 "Permit requirements" Section 29-4-150 "Temporary use during construction of residence" Chapter 29,Article VIII "Permit Provisions" Section 29-8-40 "Expiration of permit" To bring your property into compliance with the Weld County Code: Zoning permit number ZPMH-2284 shall be renewed. All necessary inspections shall be completed and the building 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 July 20, 2004, to correctthis 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. cSinceerely, u Art Peggy Gregory Building Compliance Officer pc: BC-0100357 VI-0200641 ZPMH-2284 DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US II' E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 • COLORADO June 25, 2004 Wayne and Stacey Landwehr 27245 CR 62.75 Gill CO 80624 Subject: Permit# BC-0100357- Part of the N2 of Section 34, T5N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Landwehr: It has been 180 days since the last inspection on the above noted permit for a single family dwelling at 27245 County Road 62.75. According to your letter of April 3, 2003,you had anticipated completion by March,2004. The last inspection was December 23,2003. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. To schedule inspections, please call our 24-hour request line at 1-800-234-2534 or 970-356-8016. Should you have any questions, I may be reached at 970-353-6100 Ext. 3568. Thank you for your cooperation to this matter. Sincerely, a y lit/at Peggyegory Building Compliance pc: BC-0100357 VI-0200641 ZPMH-2284 SERVICE,TEAMWORK.INTEGRITY.Ql'11 ITY liD DEPARTMENT OF BUILDING INSPECTION Code Compliance Division WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100x3540 Fax (970) 304-6498 June 6, 2003 Wayne and Stacey Landwehr 27245 CR 62.75 Gill, CO 80624 Subject: VI-0200641, Part of the N2 of Section 34, T5N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Landwehr: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on August 12, 2003, 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 IV,Div 3 "Mobile Homes" Section 29-4-150 "Temporary use during construction of residence" Chapter 29,Article VIII Section 29-8-40 "Expiration of permit" To bring your property into compliance with the Weld County Code: Zoning permit number 2284 shall be renewed or extended by the Board of County Commissioners. All inspections shall be completed and the building permits finaled. 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, 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 call me. Sincerely, erel Op qpt�. 00 Peggy Gregory Building Compliance Officer pc: BC-0100357 " � Was- /o7?�OJ V G c�cLLtc� VIl-020-020 066 411 ZPMH-2284 Wendi Inloes, Planning Technician II Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY a (litt DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us 1555 C N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: 30(970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE April 25, 2003 Wayne and Stacey Landwehr 27245 CR 62.75 Gill CO 80624 Subject: VI-0200641 Part of the N2 of Section 34, T6N, R64W of the 6th P.M., Weld County, Colorado Dear Mr Landwehr: I am in receipt of your letter dated April 3, 2003. You stated you would call for a final inspection on permit number PR-0130195"sometime nextweek." That inspection did not occur and there has been no inspection since May 1, 2002. This permit expired on March 24, 2002. According to the Weld County Code, mobile /manufactured home permits shall be completed in 180 days or the permit will expire. At that time, a new permit must be obtained and one half the current permit fees will be assessed. This permit must have final inspections within 30 days to avoid expiration. You are also in violation of ZPMH-2284 as you have not sent any information to renew the Temporary During Construction use. You stated that you anticipate that building permit number BC-0100357 will be completed by March, 2004. There has been no inspection on this permit since April 26, 2002, which means that this permit is also technically expired. There must be an inspection at least every 180 days to keep it in the issued status. If this permit expires, half of the current permit fees plus the Road Impact Fee of$1,987.00 will be assessed. Please call for an inspection with 10 days to avoid expiration of this permit. 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. �4c>Sincerely, �j' _ �qpc�N� n Peggy Grego per, A e1 Building Compliance Officer pc: BC-0100357 PR-0130195 VI-0200641 Wendi Inloes, Planning Technician II SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Planning Department GREELEY OFFICE April3,2003, APR 0 7 2003 RECEIVED Department Of Planning Services 1555 N. 17i°Ave Greeley, CO 80631 Dear Wendi Inloes, We are building our house ourselves.Due to this fact it has taken longer than we anticipated to do this.The permit#BC-0100357 is the new house construction. We anticipate our finished date to be March, 2004 We will call in for a final on permit#PR-0130195 sometime next week. That is the permit for the trailor house. Sincerely, dej, k2 -- Wayne Landwehr (it 0 DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Q Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE March 31, 2003 Wayne Landwehr 27245 CR 62.75 Gill CO 80624 Subject: VI-0200641 Part of the N2 of Section 34, T6N, R64W of the 6th P.M., Weld County, Colorado Dear Mr Landwehr: It has been determined that the property located at 27245 CR 62.75 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 all permits need to be finaled within 180 days. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed and the permits shall be finaled. 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 March 31, 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, -4' Grit/Sri Peggy Gregory Building Compliance Officer pc: BC-0100357 PR-0130195 VI-0200641 Wendi Inloes, Planning Technician II SERVICE,TEAMWORK,INTEGRITY,QUALITY tr.Hts..Nic; DEPARTMENT OF PLANNING SERVICES T 1555 N. 17TH AVENUE liD G COLORADO 80631 WI g WEBSITE: www.co.weld.co.us C. PHONE (970) 353-6100, EXT,3540 ' FAX (970)304-6498 COLORADO February 20, 2003 Wayne Landwehr 27245 WCR 62-3/4 Gill, CO 80624 Dear Mr. Landwehr : The information below is an update on the permits you currently have with the Weld County Planning Department: ZPMH-2284 - Issued on 9/17/01 a Zoning Permit for the mobile to be used as a temporary use during construction of the principle dwelling, will be renewable only by the Board of County Commissioners on 3/17/03. PR-0130195- Building Permit for the mobile home used as a temporary use during the construction of a residence has not been finaled and has expired and is in violation, (VI-0200641), of the Weld County Code, Chapter 29. BC-0100357-Building permit for a principle dwelling has not had any inspections since 4/26/02 which is past the 180 day requirement, and expired on 10/23/02. You are currently in violation with both of your building permits for the mobile home (VI-0200641) and your building permit for your permanent residence has also expired with a potential violation. We are asking at this time that you submit a letter stating the status of all the above referenced permits within 14 days of receipt of this letter to avoid additional violations. Once we receive this letter, we can review the status of the permits and proceed accordingly. If you should have any questions, please contact either myself,or Peggy Gregory, Building Compliance,at the above address or telephone number. Thank you for your cooperation to this matter. Sincerely, 1,0114 Wendi Inloes Planning Technician II cc: Peggy Gregory, Building Compliance AIMB Crtnx ICA ClieeM ��rtµ L-. Account Maintenance X File Maintenance c— I —> j r Centel STR 34-06-64 IMil Levy 69.443000 NI caE5I Owner Name/Address Account LANDWEHR WAYNE A&STACEY COLLINS ad.! Legal Description Rn550901 N 27245 COUNTY RD 62 3/4 GILL CO 80624.9711 PT N2 34-6-64 LOT B REC EXEMPT RE 2926 =' Year District (216R-500) 27245=6275 CR WELD 00000 2004 0743 Apr Dist St A .! Parcel Number MH Space Seq 0801-34-0.00.054 Street No Ds Street Name Type No# 27245 62.75 CR Location City ? Location Zip Acct Type Lagt WELD 00000 Agricultural BACode Owner Id Owner Location Map No 2150 Business Name Version V, Date Time ID Appi New Version 200 18000 = 18-AUG-2004 12:07 PM ECS FXHD 20041008000 r"`Name r Tax Theatre'Protest W TYPE ACTUAL ASSD ACRES I SQ FT a. r rPre/Suc r mobiToAutb EPetit LAND 11,243 3.260 70.3603,064,082t r mob*, , remarks r"Value T Personal Le: IMPS ` 143.803 71,450 3.534 l Tract r Tax Sate r Oil and has r"`Congo ,r-'Spc Asmt E Control E Recording . r work ;. r-Mines r mister" r`imagatg TOTAL 155`046 14.7101 1 t r-Salesr"St'blirg Queries E Misc(M rEkg* r Exemption r Sketch STREET J Current Year Prior Version r Tax change Prior Year Netxjt Version Abatement Next Year Characteristics Property Card �PE.,. tribal p�AIM.,.1 Ana... jwel.:I AaU:,. t Vl-0... wB.::I C£r M® 21 17:10AM 1111111111111111111 Ili!IIII 0111 D11111 III 11111 III IIII 282835 02/27/2001 10:23A JA Said Tsukamoto .-J • 1 of 2 R 10.00 D 17.25 Weld County CO WARRANTY DEED THIS DEED, Made this 22nd day of February, 2001 between Fern A. Howard, also known as F. A. Howard of the County of Weld and State of Colorado, grantor, and Wayne A. Landwehr and Stacey Collins Landwehr whose legal address is 23980 Weld County Road 38, LaSalle, Colorado 80645 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of ONE HUNDRED SEVENTY TWO THOUSAND FIVE HUNDRED AND 00/100, ($172,500.00) Dollars, 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 grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and Cbeing in the County of Weld and State of Colorado, described as follows: UJ SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF �' also known by street and number as , , Colorado TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, oz 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 hareditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee., their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does 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 seised 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, 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 DEPEND 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 ham executed this ad on the date set forth above. Fern A. Howard, also known as F. A Howard STATE OF COLORADO } } as. The foregoing instrument was acknowledged before County of Weld } me this 22nd day of February, 2001 by Fern A. Howard, also known as F. A. Howard Witne my hand and official seal. My c ssion expires NO mb 1 2001 `. NOTARY UBLIC DADELLA 1. . ; 1295 Main St. NO. 921A. Rev. 3- t, BLOCH `4,' Windsor, COLORADO 80550 I11111!1IIII 11111111111 liii 11111111111!III BEEN Jill liii 2828363 02127/2001 10:23A JA Sukl Teukamolo 2 of 2 R 10.00 D17/6 Weld County CO "EXHIBIT A" LEGAL DESCRIPTION Lot B of Recorded Exemption No. 0801-34-3-RE2926, recorded February 8, 2001 as Reception No. 2824678, being a part of the N1/2 of the N1/2 of Section 34, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. ALSO EXCEPTING from Section 34, Township 6 North, Range 64 West of the 6th P.M. , a strip of land as conveyed to Weld County, Colorado by Right of Way Deed recorded November 24, 1939 in Book 1053 at Page 133 . TOGETHER WITH Six (6)shares of the capital stock of The New Cache La Poudre Irrigating Co. TOGETHER WITH Six(6)shares of the capital stock of The North Side Lateral Co. I 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. ke Hello