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HomeMy WebLinkAbout20031750.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI #0300023 AGAINST STAR PROMOTIONS 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, Star Promotions, VI #0300023, 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 8th day of July, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Star Promotions 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with immediate legal action against Star Promotions 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. 2003-1750 PL0824 0c PLC l' if cP- VIOLATIONS -VI #0300023 - STAR PROMOTIONS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: FxCi isFn vid E. Lon , Ch it Weld County Cler tote Robert D. sden, Pro-Tem the Board ,1861 �i��!���■ ♦ �r �/ William H. Jerkefr 1 runty Attorn= A AAA (1O....it_ Glenn Vaad Date of signature: 9-13.-j3 2003-1750 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Star Promotions Violation: VI-0300023 Address: 16495 US Highway 85, Platteville, CO 80233 Legal: NW4 of Section 7, T3N, R66W of the 6th P.M., Weld County Colorado Location North: South of and adjacent to CR 36 South: Approximately''A mile North of Platteville East: West of and adjacent to US Highway 85 West East of and adjacent to CR 25 Parcel Number: 1211-07-0-00-006 Acres: 158 Certified mail date: April 4, 2003 Received: April 11, 2003 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, a final electric inspection must be completed and approved. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action. CASE HISTORY December 5, 2002 Initial complaint received. January 7, 2003 Ten day compliance encouragement letter issued. February 19, 2002 Violation letter issued. April 4, 2003 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2003-1750 Inspection information Sheet VIOLATION: VI-0300023 STATUS: ISSUED DESCRIPTION: PERMIT EXPIRED BASE INFORMATION: PARCEL NUMBER: 1211-07-0-00-006 LEGAL DESCRIPTION: 16555 NW4 7 3 66 EXC UPRR CO RES (6R4L) %16473 HWY 85% SITUS: 16473 85 HWY WELD 80651 OWNER: STAR PROMOTIONS LLC OCCUPANCY: LOCATION: 16495 HWY 85 APP TYPE: BCV CLASS CODE: VI-33 ZONING DIST: AGRI INSPECTIONS: Item: 00404 TELEPHONE CALL Item: 00405 LETTER 01/07/2003 By: TH Action: LETS Comments: 10-DAY LETTER 02/19/2003 By: PJG Action: LETS Comments: 30-DAY LETTER 04/04/2003 By: PJG Action: LETS Comments: HEARING LETTER FOR 07/08/03 Item: 00400 SITE INSPECTION Item: 00406 OFFICE VISIT printed:July 2,2003 form:inspinfo SEN�E': C�M'LETETHISSECTI•N C•M•LETETHISSECTI•N•N •ELIVE Y ■ Complete items 1, 2,and 3.Also complete A. Sig '� El Agent item 4 if Restricted Delivery is desired. X g ■ Print your name and address on the reverse ❑ Addressee so that we,pan return the card to you. B. Received by(Printed Name) 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: ❑ No STAR PROMOTIONS 11223 ALBION ST THORNTON CO 80223 '..,,y r re ice Type 71 t ertified Mail ❑ Express Mail 1Q •egistered ❑ Return Receipt for Merchandise \ '• �1 41g Insured Mail ❑ C.O.D. USY 4 estricted Delivery?(Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7000 0520 0025 0404 7299 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) 0' 0" rtl M1 Postage $ O Certified Fee Postmark V) Return Receipt Pee Here (Endorsement Rendered) O Restricted Delivery ace C (Endorsement Fagu,red) k @@_ o Total Postage 3.Fees $ ru in !Aecipien J§-Nor ase Print Clearly)(To be completed by mailer) fair - 06G4)7LL/ Strati?.Apl, no O No � t r C'u /6 3 ,,, riot ' DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US Ci 1555 N. 17th Avenue, Greeley, CO 80631 E-mail Address: pgregory@co.weld.co.us COLORADO Phone (970) 353-6100x3540 Fax (970) 304-6498 April 4, 2003 Star Promotions 11223 Albion St Thornton CO 80223 - Subject: VI-0300023, NW4 of Section 7, T3N, R66W of the 6th P.M., Weld County, Colorado Dear Applicant: 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 July 8,2003 at 10:00 a.m., to consider the violations. The above mentioned 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 with the Weld County Code: all inspections shall be completed and the permit 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 at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Planning Services 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,GIV Pe� - y �re� - Bciiding Compliance Officer pc: V:-03CCC;i23 EL-01 'CPC:43 'lend, 'noes, Planning Tecinnician Bruce Barker, County Attorney SERVICE,TEAMWORK, INTEGRITY, QUALITY rittf ‘-- DEPARTMENT OF PLANNING SERVICES 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 February 19, 2003 Star Promotions 11223 albion St Thornton CO 80223 Subject: VI-0300023 Part of the NW4 of Section 7, T3N, R66W of the 6t P.M., Weld County, Colorado Dear Applicant: It has been determined that the property located at 16495 Hwy 85 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, final inspections must be completed. There have been no inspection since March 12, 2002. 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 February 19, 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, Peggy Gregory Building Compliance Officer pc: EL-0110043 00023 SERVICE.TEAM WORK,INTEGRITY,QUALITY i Kitt L'HNN : DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US E-mail Address: thalsey@co.weld.co.us . 17th Avenue, Greeley, CO 80631 C. 1555 N Phone: (970)353-6100, Ext. 3540 Fax: (9 O) 304-6498 COLORADO January 7, 2003 Star Promotions LLC 11223 Albion Street - Thornton, CO 80223 Subject: EL-0110043 in Part of the NW4 of Section 7,T3N, R66W of the 6`h P.M.,Weld County, Colorado Dear Applicant: It has come to the attention of the Department of Building Inspection that an electrical permit for electrical service in an existing residence was applied for on March 15, 2001. According to our records, this permit needs to be issued and finaled. You will have 10 days from the date of this letter to contact our office to schedule a final on the above referenced permit. Failure to do so, will result in this permit going into violation. You may call our 24-hour request line for an inspection at 1-800-234-2534 or 970-353-6100, Ext. 3540,for any questions you may have regarding the above. Thank you for your cooperation to this matter. Sincerely, Trudy Halsey Building Compliance SERVICE,TEAMWORK,INTEGRITY,QUALITY it_ mill%%\\\tin►ii�iiiiiiuiiii!!t1W o, 1 01 2 H 1050 0 150.00 Weld County C WARRANTY DEED THIS DEED, Made this 4th day of February, 2000 between Freund & Company Profit Sharing Trust, a Trust of the County of Weld and State of Colorado, grantor, and Star Promotions LLC, a Colorado limited liability company whose legal address is 11223 Albion Street, Thornton, Colorado 80223 of the County of Weld and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of ONE MILLION FIVE HUNDRED THOUSAND AND 00/100. ($1,500,000.00) 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 grantee, his heirs and assigns forever, all the real property, together with improvements, if any, aituate,lying and being in the County of Weld and State of Colorado, described as follows: / SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 7) also known by street and number as Vacant Land, Weld County, Colorado u TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and (ryremainders, 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 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 ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, lure, 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 general taxes for 2000 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 p ion of the grantee, his heirs and assigns, against all and every person or persona 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 dead on the date set forth above. Freund & Company Profit Sharing Trust, a Trust ••//��// eat J eph D. Freon Trustee STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before County of Weld } me this 4th day of February, 2000 by Joseph D. Freund, Trustee of Freund & Company Profit Sharing Trust, a Trust Witness my hand and official seal. '_-SPAY Pub�‘, My commission expires August 9, 2003 KELLY L. BELDEN ?o 5 V NOTARY PUBLIC :O 1113 Tenth Avenue 1 No. 932A. Re 114 '44 , QQ' Greeley, COLORADO 80631 "e OF CO`_- My Commission Expires 842003 11111111111111111111111101011111111111110121111 2769042 04/05/2000 11:22A JA Sind Teukamoto 2 of 2 R 10.00 0 150.1: Weld County 00 ESCROW NO. : 8048751 DATE April 04 2000 "EXHIBIT A" LEGAL DESCRIPTION PARCEL 2: The NW1/4 of Section 7, Township 3 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado, EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways, State of Colorado by instrument recorded November 18, 1957 in Book 1490 at Page 50, being more particularly described as follows: A tract or parcel of land No. 3 of Grantee's Project No. F 006-1 (20) , more or less, in the SE1/4 of the NW1/4 of Section 7, Township 3 North, Range 66 West of the 6th P.M. , said tract or parcel being more particularly described as follows: Beginning at a point on the South line of the NW1/4 of Section 7, Township 3 North, Range 66 West, from which point the SW corner of the NW1/4 of Section 7 bears North 87 degrees 29 minutes West, a distance of 2544.7 feet; 1. thence along the arc of a curve to the right having a radius of 5820.0 feet, a distance of 304.1 feet (the chord of this arc bears North 14 degrees 08 minutes East, a distance of 304.0 feet) ; 2. thence North 15 degrees 38 minutes East, a distance of 308.7 feet to a point on the East line of the NW1/4 of Section 7; 3. thence along the East line of the NW1/4 of Section 7, South 0 degrees 22 minutes West, a distance of 28.1 feet, to a point on the existing NW right of way of the Union Pacific Railroad; 4. thence along the arc of a curve to the left, having a radius of 5930.0 feet, a distance of 575.7 feet; (the chord of this arc bears South 10 degrees 06 minutes 30 seconds West, a distance of 575.4 feet) to a point on the South line of the NW1/4 of Section 7; 5. thence along the South line of the NW1/4 of Section 7, North 87 degrees 29 minutes West, a distance of 56.4 feet, more or less, to the Point of Beginning. PARCEL 4: The S1/2 of the S1/2 of the NW1/4 of Section 30, Township 1 North, Range 65 West of the 6th P.M. , County of Weld, State of Colorado. TOGETHER WITH 3 shares of the capital stock of the The Platte Valley Irrigation Company company. TOGETHER WITH 2.25 shares of the capital stock of the The Platte Valley Irrigation Company company. TOGETHER WITH 5 shares of the capital stock of the The Burlington Ditch, Reservoir and Land Company company. TOGETHER WITH 4 shares of the capital stock of the The Burlington Extension Ditch Company company. Hello