HomeMy WebLinkAbout20001512.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST RICHARD SEWALD FOR VIOLATION OF THE WELD
COUNTY ZONING ORDINANCE
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, Richard Sewald, VI #0000056, is allegedly in violation of the Weld County
Zoning Ordinance, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 20th day of June, 2000, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Richard Sewald, 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 August 19, 2000, to allow adequate time for the property owner
submit a Site Plan for review and approval by the Department of Planning Services 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 said violation be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Richard Sewald to remedy the violation of the Weld
County Zoning Ordinance, 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 August 19, 2000,
to allow adequate time for the property owner to submit a Site Plan for review and approval by
the Department of Planning Services to bring the subject property into compliance.
2000-1512
PL0824
C L' ioz, Se toot/c C-
VIOLATIONS -VI #0000056 - RICHARD SEWALD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of June, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �: �/ EXCUSED
►, ���� 44 Barbara J. Kirkmeyer, Chair
Weld County Clerk tot ,: B.:
'°S' `�����. EXCUSED DATE OF SIGNING (AYE)
/ = =�
Vii, �►�` M. J. Geile, Pro-TemBY:
Deputy Clerk to they%n,, �.
� ��� e . Baxter
PR ED AS TO FOR •
Da e K. H
bounty Attorney EXCUS DA 1O NING (AYE)
Glenn Vaad
2000-1512
PL0824
DATE:
June 15, 2000
VIOLATION NUMBER: VI-0000056
NAME: MR. RICHARD SEWALD
ADDRESS: 6005 W. 10th Street
ZONE DISTRICT:
C-3
LEGAL DESCRIPTION: Western Hills Subdivision of Section 4, T5N, R66W of the 6th
P.M. , Weld County, Colorado
PARCEL NUMBER: 0959-04-4-03-006
CASE
March 31, 2000
Initial complaint received
April 12, 2000
Initial inspection completed.
April 12, 2000
Mr. Sewald called me.
April 14, 2000
Five day compliance encouragement letter issued.
Violation letter issued.
May 5, 2000 Robert
May 15, 2000
Mr. & Mrs . Sewald came to our office and spoke to
Anderson, Planner On-Call.
June 2, 2000
I called the Sewald' s regarding their Site Plan Review.
Letter sent to property owner indicating that the violation
2000 Commissioners.
June 6, scheduled before the Board of County
case was
23 .1.2 "A Site Plan Review is required for
There is a violation lo of Section(s)
us for
" of thZone Districts : . . . .all Commercial Districts . . '
Welds in the following the property into compliance the property
Weld County Zoning Ordinance.
To bring artment of Planning
owner must complete and submit a Site Plan Review to the Dep
Services .
The Department
of Planning also recommends that the County Attorney authorize
other persons occupying the properties, any persons
legal action aga
inst any and any persons acting in active concert
claiming an interest in the properties,
with the identified parties .
2000-1512
Inspection information Sheet
VIOLATION: VI-0000056 STATUS: ISSUED
DESCRIPTION: NEED A SITE PLAN - SITE PLAN VIOLATION
BASE INFORMATION:
PARCEL NUMBER: 0959-04-4-03-006
LEGAL DESCRIPTION: WH-3 L3&4 WESTERN HILLS SUB%6005 W 10 ST% %6061 W
10 ST RD%
OWNER: SEWALD RICHARD
OCCUPANCY:
LOCATION: 6005 W 10 ST
APP TYPE: VI CLASS CODE: VI-3 ZONING DIST: AG
INSPECTIONS:
Item: 00404 TELEPHONE CALL
04/12/2000 By: BJS Action: INFO Comments: I
spoke to Mr. Sewald. He stated that someone had told
him that he did not need to turn in a Site Plan
Review. I informed him that if he were to continue
his business at that address, he would need to turn
in his "SPR" as soon as possible. I informed him that
I would be sending him a five day letter.
06/02/2000 By: BJS Action: INFO Comments: I
called Mr. & Mrs. Sewald. Mr. Sewald was not in. Mrs.
Sewald told me that she would give him the message. I
told her what I was calling in reference too. I also
told her that I would be sending out a Hearing Date
letter. She did not sould surprised.
06/02/2000 By: BJS Action: TEL Comments: Mrs.
Sewald called back. She said that she spoke to her
husband and he told her that a "Robert Anderson" told
them that they didn't have to do a "Site Plan
Review". Then a week later he said that they did. I
spoke to Robert, the day they came in, he called them
back that very evening. Also, they said that they
were waiting for a new SPR Application. I told them
that Robert had slid one under their door a week ago;
however, he was going to drop another one off
tonight. I gave them until Monday to turn it in
otherwise I explained that they could request an
extension from the Board of County Commissioners on
the 20th during the hearing. She said she understood.
Item: 00405 LETTER
04/14/2000 By: BJS Action: NO Comments: Sent
5 day letter.
05/05/2000 By: BJS Action: NO Comments: I
sent Mr. Sewald a 30 day notice. He has not turned in
his "SPR" therefore, is still in violation.
06/06/2000 By: BJS Action: HR Comments: Sent
certified hearing violation date letter.
Item: 00400 SITE INSPECTION
04/12/2000 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
violations were noted. Mr. Sewald has indeed moved
into the building located at 6005 W 10th St. I spoke
to Mr. & Mrs. Sewald at the time of this initial
inpsection. I explained to Mr. Sewald that he needed
to turn in his Site Plan Review as soon as possible
so that he would no longer be in violation. He said
that he had some paperwork to look up,but that he
would call me as soon as possible.
Item: 00406 OFFICE VISIT
"at
111k.
COLORADO Data Sheet
VIOLATION: VI-0000056 STATUS: ISSUED
DESCRIPTION: NEED A SITE PLAN - SITE PLAN VIOLATION
BASE INFORMATION:
PARCEL NUMBER: 0959-04-4-03-006
LEGAL DESCRIPTION:
WH-3 L3&4 WESTERN HILLS SUB%6005 W 10 ST% %6061 W
10 ST RD%
PEOPLE: APPLICANT SEWALD RICHARD 04/12/2000
609 40TH AVE
GREELEY
CO 80634
OCCUPANT JAM 04/12/2000
6005 W 10 ST
GREELEY
CO 80631
LOCATION: 6005 W 10 ST
APP TYPE: VI CLASS CODE: VI-3 ZONING DIST: AG
COMMENTS:
Check Sheet
Complaint Started Date: CA\QOC>
Check Slic Any special permits?_ " Cl 1-A 2--CC)
Blue Line(Aerial Map)
Copy of Deed
Check Mylar What district?
Initial Inspection Date: CA.-)
5-day Letter Date: ,.` A 1.I'. I(
Inspection(if needed) Date: '
30-day Notice Date: 515 in
T)
(if needed) Date:
Close Letter(if applicable) Date:
Violation Hearing(BCC) Date: (s)I 1 (!N:*1 C::V t..(;(Zl%I(11"`)
Packets for Board(BCC) Date: (i F``'k.�C )
Video for Board(BCC) Date: ((.j( kCik.
(Other) _
(Other)
(Other)
(Other)
(Other)
Remarks:
" tro A.R.E. RP'.
ima Ra
Glasstite van_C Unicover
Pick-up Toppers
Pickup and Nan Accessorize
Rich & Sharon Sewald a
970-353-1002
6005 W. 10th Street _ Toll Free 1-877-549-9753
Greeley,CO 80634 Fax 970-353-1000
at
' DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C 1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100
Fax (970) 304-6498
COLORADO
June 6, 2000
Mr. Richard Sewald
6005 W. 10th Street
Greeley, CO 80631
Subject: VI-0000056, Western Hills Subdivision of Section 4, T5N, R66W of the 6th P.M., Weld County,
Colorado
Dear Mr. Sewald:
The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled
a meeting with the Board of County Commissioners on June 20, 2000, at 10:00 a.m., to consider the violations
occurring on the property. The noncompliance with the Weld County Zoning Ordinance,as we have previously
discussed on several occasions, is failure to complete and furnish a Site Plan Review ("SPR") application. 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 Planning Seavices' 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, 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,
Bethany Salzm n
Zoning Compliance Officer
pc: VI-0000056
Julie Chester, Lead Planner
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF BUILDING INSPECTION
' PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
WI D O WELD COUNTY ADMINISTRATIVE OFFICES
1555 N. 17TH AVENUE
• GREELEY, COLORADO 80631
COLORADO
June 2, 2000
Richard Sewald
6005 W. 10th Street
Greeley, ,.CO, 80631
Subject: Site Plan Review Submittal
Dear Mr. Sewald:
Please let me take this opportunity to apologize for the confusion that arose after your visit to the
planning services office.
Apparently during our discussion we were each talking about different zoning code violations.
When you mentioned that a violation was holding up your application I inquired if it was
regarding the Recreational Vehicle violation on an adjacent property. I then told you that I knew
that this Recreational Vehicle was not on your property and informed you that the Site Plan
Review Submittal was not required to remedy this violation. I was, at that time, unaware of your
discussion with the Zoning Compliance Officer and the violation on your property regarding the
change of use.
Once again, my apologies for the confusion. For your convenience, I have included with this
letter the appropriate application.
Sincerely,
r e'
Robert Anderson
Planner
SERVICE,TEAMWORK.INTEGRITY,QUALITY
WELD COUNTY ATTORNEY'S OFFICE
Weld County Planning Lep, PHONE: (970) 356-4000, EXT. 4391
PHONE (970) 336-7235
MAY 25 2000 FAX: (970) 352-0242
915 TENTH STREET
1111 RECEIVED GREELEY, COLORADO 8 632
COLORADO
May 23, 2000
Bob Grube
Colorado Department of Transportation
1420 Second Street
Greeley, CO 80631
RE: Quit Claim Deed for Right-of-Way North of
West 10th Street
Dear Bob:
As we have discussed, enclosed is a copy of a quit claim deed I have prepared for the transfer of
right-of-way north of West 10"' Street to CDOT. Also enclosed is a copy of the recorded plat for
RE 260. I think you already have a copy of the recorded plat for the Western Hills Subdivision.
Please review the deed and let me know if you see the need for any changes. I may be reached at
(970) 356-4000, ext. 4390.
Sincerely,
•
Bruce T.-Barker
Weld County Attorney
Enc.
pc: Monica Mika
J-i <., IIu I . 1 - I .I..
BOOK 874 _I-55 o'clock( JJL 1 0 19/9
Recorded at — ��..--
tt _ f y; 1 S. • . 4k NtO a-- sii
'a pp jj��5-'741 Slate of Colorado, Wald County Clerk 6 Recorder
,P '
RECL$WD ,I EXEMPTION N2.0959-4-4-RE 260
i
1` \� XRFG 756.4x' S.es'90'4S E. � '
� 'Darr' -!�'-- 574.6/' p
i ' o
6 n
iq.kli A.. B LOT•
O q
cnVe
(/NC. .292ROAD (/NC. .709 ROAD Raw) y
a`
A
n) 59-6/
0 /SOD.--- j ACRES1�-' /✓.B9'290a' '
O N99:2900'W. ;riLOTA CLOT B-8./46O bOa:• N
No
O rep 90
.-�I 0 Y5N89`2900Wy 5/3.0' V'Ra�.w g, N.89'29'00"W. "5-n` "`
it4.M Par'. 7RUF PO/NT
U.S. NW( 34 Of BEGINN/NG
Jun'
Aldn'JO'P.
- Mar OF dieWeel SC4LE:/"=200'
SE Cot SEC.4 _ AnF Arend
7.5N,RWSW
•- Ra Po7
•
OWNER:
• - BRIG//L, LOWS J_'
1300 PALOMAR PRINT
GREELEY; COLORADO
8063/
1
1 I
•
• e41 I
N •
4
LOT'S L•TA`
yL+9CF:/+Pala ,
u.s Nr✓X SO
n9 J oo II le P 1C ,. . i:.ol
Iiiragnift EXEMPT/OW N'. 0959-4-4-RE 260
LEGAL DESCRIPTION
Part of the Southeast Quarter (SE7) of Section 4, Township 5 North,
Range 66 West of the 6th P.M., Weld County, Colorado, being more
particularly described as follows: •
Beginning at the Southeast Corner (SE Cor) of said Section 4 and
considering the East line of said SE}c of safd Section 4, as bearing
North 06°30'30" East, with all other bearings contained herein relative
thereto;
Thence North ®6030'30" East, along said East line, 57.01 feet;
Thence North 89°29'00" W89td, '00 stet to the True Point 0 ginning;
Thence continuing North 89 29'00" West, 686.78 feet; / a%
Thence North 06030'30" East, 290.13 feet; q f�
Thence North 89029'00" West, 150-00 feet; C 0 •^'
Thence North 29 2'15" East, 227.16 feet; G/¢O/7?
Thence South 89°30'45" East, 756.48 feet;
Thence South 00031'00" West, 190.38 feet;
Thence North 89°29'00" West, 59.61 feet;
Thence South 00°31'00" West, 297-50 feet to the True Point of Beginning;
Said described parcel of land contains 8.146 acres, more or less, and .
is subject to any rights-of-way or other easements as recorded by
instruments of record or as now existing on said described parcel of
band.
,y� nr SURVEYOR'S CERTIFICATE
I e-;'.y certify h this plat was prepared under my supervision; and
t g113p/is;;or ect to the best of my knowledge and b •
't 7G *
r}+ 4y,mg ° JAP FR ESE
OF' , CO.^RAD! P.E. d L.S. NO- 4392
woos
PROPERTY OWNER'S APPROVAL
I77 'Louis J. Bright, bet the sole ow, in fee of the above described
p YoperLy do hereby su ide the s a-. skiown on the attached map.
l�j,/j - ' .. _
Louis J ghi
II •
Tke foregoing certification was acknowledged before me this
day of. /2 tcg ' A.D., 1977.
,i6 a ission Expires: 7
my hand and sea2,//2-7_77`,
? �
' -�i
a. t' `-C �yr-„.
r :" otary Public
' PLANNING COMMISSION CERTIFICATE
The, ,mpanying plat is accept and •,raved for filing.14.421%�'�j'7 CHAT OF TEE BO TY COMMISSIONERS
47
ATTEST: •' 1 //
County Clerk w✓.va //
• ' By
(.. ,;.. Date.
V
>7
QUIT CLAIM DEED
THIS DEED is made this _ _day of May, 2000, between Weld County, Colorado, a body
politic and corporate of the State of Colorado of the first part, and to the State of Colorado,
Department of Transportation, whose address is 1420 2"d Street, Greeley, CO 80631, of the
second part.
WITNESSETH, that the said party of the first part, for and in consideration of the sum
of$1.00, and other good and valuable consideration, to the said party of the first part in hand
paid by the said party of the second part, the receipt whereof is hereby confessed and
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these
presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second
part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand
which the said party of the first part has in and to the following described lots or parcels of land
situate, lying and being in the County of Weld and State of Colorado, to wit:
All of the South 37.5 feet of the Western hills Subdivision, being a right-of-way
designated as "Access Road" and dedicated as such on the plat recorded on September 23, 1963,
at Book 10, Page 29,File No. 823, in the Office of the Weld County Clerk and Recorder; and all
of the South 60.0 feet of Lot A and Lot B of Recorded Exemption Number 260, being designated
as "60.0' dedicated ROW" and dedicated as such on the plat recorded on July 10, 1979, at Book
874, Reception Number 1796276, in the Office of the Weld County Clerk and Recorder.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right,
title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to
the only proper use, benefit and behoof of the said party of the second part, heirs and assigns
forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
IN WITNESS WHEREOF, I, Barbara J. Kirkmeyer, Chair of the Board of County
a
DEPARTMENT OF BUILDING INSPECTION
0.1‘
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
May 5, 2000
Mr. Richard Sewald
6005 W 10th St
Greeley, CO 80631
Subject: VI-0000056 Western Hills Subdivision of Section 4, T5N, R66W of the 6th P.m., Weld County,
Colorado
Dear Mr. Richard Sewald:
The uses on the above described property are being considered as a zoning code violation of Sections of the Weld
County Zoning Ordinance. The noncompliance with the Weld County Zoning Ordinance, as we have previously
discussed, is failure to complete and furnish a Site Plan Review application.
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 , May 5, 2000,
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. This office is ready to be of any
assistance in clarifying or answering questions concerning this matter. Please contact me at the above address
or telephone number.
Sincerely,
Bethany Salz
Zoning Compliance Officer
pc: VI-0000056
Julie Chester
SERVICE,TEAMWORK,INTEGRITY,QUALITY
From: BRUCE Barker
To: NORTHDOMAIN.NORTHPOST.JCHESTER, NORTHDOMAIN.NORTHP. . .
Date: 4/12/00 4 :03pm
Subject: JAM (out on West 10th) -Reply
Sewald is wrong. What I had suggested to him is a minor resubdivision to
vacate the street rights-of-way on either side of his building. I told him he
did not have to do that if he did not want to, but that was the only way he
could get the rights-of-way vacated. I never talked to him about the site
plan application. The 50 feet in front of the building will be deeded to CDOT
by the Board for extended ROW for West 10th Street. Bruce.
>>> Bethany salzman 04/12/00 01:46pm >>>
Bruce,
I spoke to Mr. Richard Sewald today to tell him that he has a site plan
violation. I also gave him a site plan application form. He told me that he
and his wife had spoken to you back in October and that you had told them that
they did not need to do one (because you wanted them to annex into Greeley
instead) . He does NOT want to annex into Greeley. He also said that you were
going to recomend to the County to sell him like 50 feet in the front and for
the side road that he maintains. . . Is any of this accurate? I told him that I
would get back in touch with him tomorrow morning.
Thanks, Bethany
CC: NORTHDOMAIN.NORTHPOST.MMIKA
From: MONICA Mika
To: Barker, BRUCE
Date: 5/2/00 9:35am
Subject: Re: Rich Sewald
He moved across the street and started business . I turned in a violaiton on
him about 3 weeks ago. He needs to do a site plan, and as far as the minor
resub, I am not sure what he is doing on this .
>>> BRUCE Barker 05/02/00 09:28AM >>>
What ever happened with Rich Sewald and his thoughts about doing a
minor-resub. ? Does he need to do a site plan? He called me on Friday and
left a message. He has a knack at misstating what he has been told or
required to do, so I thought I had better get a good read on what we are
requiring him to do before I return his call . Bruce.
From: BRUCE Barker
To: NORTHDOMAIN.NORTHPOST.bsalzman, NORTHDOMAIN.NORTHP. . .
Date: 5/3/00 5 :11pm
Subject: Rich Sewald
I spoke with Rich Sewald. He wants a part of the right-of-way on the south
side of his building which is located on the north side of W. 10th Street.
That is part of the Western Hills Subdivision. But CDOT wants the ROW to use
as an acceleration lane. I became aware of the ROW last year when Sewald was
attempting to sell fireworks within the ROW. The church located adjacent to
Sewald's shop was selling fireworks in a tent located within the ROW. Sewald
turned them in to the Union Colony Fire Authority. The Authority told the
church they needed the County' s approval, because the ROW is owned by the
County. Sewald turned the church in because the Authority had previously
gotten after him for doing the same thing. He doesn' t like the church. So,
the idea came to me to see if CDOT would accept a deed transferring ownership
of the ROW. That way the County would not have to deal with this fireworks
issue again, and CDOT could get its acceleration lane. But now Sewald wants
part of the ROW and said he intends to apply for a minor resub. to have it
vacated. He also wants to get the north-south street on the west side of his
building and the 20 foot alley on the north side of his building vacated.
Those too are a part of the Western Hills Subdivision. I told him he needs to
apply for the minor resub. , but that is a different animal from the site plan,
which he needs to get regardless of the minor resub. The site plan deals with
a different problem. I also told him that CDOT may want all of the ROW and a
minor resub. would not result in vacating it. I know this is a long e-mail,
but given Sewald' s history of misstating what I said, I figure the longer the
better. I plan to follow up by getting a description of the ROW and preparing
a deed for CDOT. Bruce.
a
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
' 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
C. Fax: (970) 304-6498
COLORADO
April 14, 2000
Mr. Richard Sewald
6005 W 10th St
Greeley, CO 80631
Subject: VI-0000056, Western Hills Subdivision of Section 4 , TSN, R66W of the 6th P.M., Weld County,
Colorado
Dear Mr. Richard Sewald:
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 Zoning Ordinance. The potential noncompliance with the Weld County
Zoning Ordinance, as we discussed, is failure to complete and furnish a Site Plan Review application.
Please call me within five working days of the date of this letter to review these concerns with me or a thirty-day
violation notice will be issued.
Sincerely,
Bethany Salzman
Zoning Compliance Office
pc: VI-0000056
Julie Chester
Lee Morrison, Assistant County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
*el
1' DEPARTMENT OF PLANNING SERVICES
WI
I
Code Compliance Division
C 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
COLORADO Fax: (970) 304-6498
INSPECTION REPORT
NAME: JAM/Van-C c/o Richard & Sharon Sewald
LEGAL DESCRIPTION OF PROPERTY: Western Hills Subdivision of Section 4, T5W, R66N, Weld
County, Colorado
DATE: April 12, 2000
CASE NUMBER: VI-0000056
Upon inspection, I advised Mr. Richard Sewald that he needed to turn in a site plan. He advised me that
he had spoken with the County Attorney, Bruce Barker last October(1999) and that Mr. Barker had told
him that he would not need a site plan. According to Mr. Sewald himself, at that point in time Mr. Barker
advised him to annex into Greeley. Since he has decided not to annex into Greeley, he is required to
complete a site plan. I will be speaking with Mr. Sewald tomorrow morning, after such, I will be sending
him a five day letter.(301(ntiBethany Salz a
Zoning Compliance Officer
pc: VI-0000056
Julie Chester
Monica Daniels-Mika
SERVICE, TEAMWORK, INTEGRITY, QUALITY
_ . . ,
. Base Information i� x�
:::::7:::4„....;,,i,Fs sG 901. ,
Parcel No: ;0959-04-4-03-006
: Owner: JSEWALD RICHARD D L SHARON;A ❑
I Status: ICOHPLX I T Written By TES ] _ Sec/Twn/Rng: 1o4 to,
o i.b
Description: [NEED A SITE PLAN - SHE PLAN VIOLATION ( �r
Location: j 6005 W 10 ST 1
Zoning Dist: j Permit Num: I _
•
App Type: I Vi I+1 (BCV=BLDNG VIII_VI�ONING VIO,WCV WELD•VIO "bcv + vi")` p
Class Code: IVI-3 -
ii
O
site plan
3a.
'1 Complaint: 04/12/2000 !nit: 'TES 1' NO VI: [ I / j Init_ C,
• - 5 Day Letter: [ 1 / J Init:
# _
l Issued: 1 / j Init:
i
3: •Inspection: [ I / j Init: _ , : - -
j'- = BCC Vio: L.,2___1____I !nit:
l Court: . / / I Init: ::
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y; gym '�� *' ,r� - �`�, t . ',B t 7t1,._1- x.� .. a sw '..
€ SEWALD RICHARD D ix SHARON A ,.11...,/.11+3 L3&4 WESTERN HILLS SUB,6005 N 10 ST
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Account tMtine? Twr-n? F 1 1 1 -o.
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095904403006
Street Na ,Air No# i Street Name; < Type
8005' 70 ST �Versio C< t i> V s� e S t e tD i '+ H1 z
6005lAieii n tarty Loca10 Grp;Acct Type Lagt 399 T4100 AyP -19 00' �' WA 1
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236.729 >c sz 60 650 7-310 .
Business Name titiiiiiitiA4k0.4.1iti Exempt'Assess+ ev ersion i
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S,ttus Rre{Svc ®o bi 'Personal 3 '
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la Block 59:444n#!-..24.1 t Con Ye
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• Sales Sibling History W
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��1 List by Parcel Number
: Number 'Type I Sub Type ILevel I Date;' '.;IStatus IN acne .ILocat
II; BC-9500016 BLDGCDP CADD A 02/08/1999 IVOID SEWALD RICHARD 6005
BC-9900268 BLDGCOP OTH IA 03/19/1999 ISSUED THE SIGN GUYS 6050
2 BLDHIST A X09/24/1996 FINAL BILTRITE SIGN 16005 '.
IBP29737
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DEPARTMENT OF PLANNING SERVICES
Will o000(9 °
COMPLAINT REPORT
r C; r�
rc� \
-�, L:t
COLORADO V 4.3-3();O,_
� `�\
6-V.1.‘")‘(r)
ZONING COMPLAINT Complaint Initiated by:
a BUILDING CODE COMPLAINT X Staff a Citizen a Other
LEGAL DESCRIPTION:
VIOLATION ADDRESS: (t''( 't`_: c)-)0 A fit- C \( 6.2 ,
Parcel# .f- - c ATTACH COPY OF DEED
Property Owner's Name: St1r 1 Phone#
Property Owners Address;
Tenant's Name and Mailing Address:
NATURE OF COMPLAINT:t\\ (( 4 1)\ OV:\( j S CA(! k
Zoning Complaint Referred To: Date:
Building Code Complaint Referred To: Date:
Case Assigned To: L±'1 tTh Date:
ACTION OF INVESTIGATOR: Date of Inspection:
Inspection of property indicates:
o No violation of the Weld County o Zoning / ❑Building Code Ordinance
Referred to: on
❑ No violation of the Weld County ❑Zoning / ❑ Building Code Ordinance
o Violations of the following Sections of the a Zoning
o Building Code Ordinance
ACTION ON COMPLAINT: a No Action Taken/No Violation ❑ Violation File Started
Date Date
CASE REVIEWED BY SUPERVISOR Date
SUPERVISOR'S COMMENTS
NOTE: Attach all pertinent information and facts disclosed by investigation to this form.
kNI ,i4
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t SEWALD JOE I, ,03903 N2 SW4 •T 03 �t 31 j NEW RES GAR
1..; 'a, '= r.'me o,,rtsugs o- ni , .tih '.w (
z SEWALD RICHARD RIWEIS I a .25_1,a
FI ADD POST BLDG ELE
'SEWALD RICHARD D&SHARON A 1 B i 3011'1 :MIS_gall D5 9i i-Mal SIGN
SEWALD FRANK J I B 1 43549 ,SININIIIIIIIIIIIIIIIIIIIIMINIF10/15/1973 i'
' ' . ". '
SEWALD FRANK P& L JEAN B r 43721 1®i ® Y _ POLE
BARN
z ..; " -a 'fig 7s*;:.s .. : 3 ._. _. _ - —� . s FOUNDATION
SEWALD FRANCIS J&L J B i 43976 ®{ 0 4/13/-198 7 1 Y RESIDENCE
SEWALD FRANCIS J&L J I, BBI 44115 06/06/1994 _ II GARAGE
SEWALD SANDRA mmi M 1 u 01803 (�� e s IJPRINCIPAL DWELLIN^
x
SEWALD FRANK I. M 03981 N lia06103/1994Q:1- 't
P °RINCIPAL DWELLIN
`. 'x1117*`
K:y 2y",+d '' "-,'a,
JPREIST/SEWALD S AMRE-1626 RJAMEND RECORDED
SEWALD RICHARD S BOA 745 N2 NEd PT 66 i ff5� 09 S TBACK
SEWALD FRANCIS J I S RE 01626 N2 NW4 67 r 07 08 a RECORDED EXEMPTI
A*24241196 IN"--2424898 B-1478 P-126 01/31/95 02:391' PG 1 OF 2 REC DOC
• — at Weld County CO Clerk Recorder 10.00 30.00
WARRANTY DEED
RECORDER'S STAMP
THIS DEED, Made this Zit day of January . 1995
between Robert R. Marshall as Trustee of the
Susan Bargelt Trust and as Trustee of the
Heidi Bargelt Trust, whose address is P. O.
Box 763, Salida, Colorado 81201 .
of the *County of Chaffee and State of
Colorado, grantor(s),and Richard D. Sewald and Sharon
A. Sewald
whose legal address is 609 40th Avenue, Greeley, Colorado 80634
of the County of Weld and State of Colorado, grantees:
WITNESS,that the grantor(s), for and in consideration of the sum of Three Hundred Thousand
($300 , 000.00) DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
do es grant,bargain,sell,convey and confirm unto the grantees,their heirs and assigns forever.not in tenancy in common but
in joint tenancy, 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:
That real property described in Exhibit "A" attached hereto
1 ` t
also known by street and number as 6005 and 6061 West 10th Street, Greeley,
Colorado 80634
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, 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(s),either in law or equity, of. in and to the above bargained premises. with the hereditamcnts 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(s), for himset f , 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 seized of the premises above conveyed,ha s good,sure,perfect,absolute and indefeasible estate
of inheritance,in law,in fee simple,and ha s 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,
assessments,encumbrances and restrictions of whatever kind or nature soever except see exceptions to
warranty on Exhibit "A" .
The grantor(s)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.
IN W tLNESs WHEREOF the grantor(s)has executed this deed on the date set firth above.
Robert R'. Marshall as the
Trustee of the Susan Bargelt_
Trust and the Heidi Bargelt
Trust
STATE OF COLORADO
ss.
County of Chaffee
The foregoing instrument was acknowledged before me this z, e-' day of January • 19 9 5
by Robert R. Marshall as the Trustee of the Susan Bargelt Trust and
as Trustee of the Heidi Bargelt Trust.
My commission expires Ott, _a8 . 19 08 . Witness my
hand and official seal.
•
Nowyruar
°If in Denver,insert"City and".
Name and Address of Person Creating Newly Created Legal Description ti 38-15-106.5,CASs)
'I
No,921.Rev.6-92. WARRANTY DEED(to Joint Teavets) O
Bradford Publishing,r143 Waste St..Denver,CO 80202-(303)292-2500-2-94
EXHIBIT "A"
MARSHALL - SEWALD DEED
Real Property Description
2424898 8-1478 P-126 01/31/95 02:39P PG 2 OF 2
PARCEL 1:
Lots 3 and 4 , Western Hills, County of Weld, State of Colorado.
PARCEL 2 :
All that part of the SE1/4 of the SE1/4 of Section 4, Township 5 North,
Range 66 West of the 6th P.M. , County of Weld, State of Colorado,
described as follows:
Commencing at the Southeast corner of said Section 4 and running thence
West, along the South line of Section 4, a distance of 397.53 feet to the
True Point of Beginning;
thence North parallel to the East line of said Section 4, 553 feet;
thence West parallel to the South line of said Section 4, 1134 .51 feet;
thence Southwesterly at an angle of 118 degrees 53 minutes, a distance of
227.35 feet;
thence East parallel to the South line of said Section 4t 150 feet;
thence South parallel to the East line of Section 4, a distance of 352 .9
feet to the South line of Section 4;
thence East on the South line of Section 4 , 1072.87 feet to the True
Point of Beginning.
EXCEPTING THEREFROM that part conveyed by need recorded May 4, 1965 in
Book 541 as Reception No. 1462724 more particularly described as follows:
Beginning at the Northwest corner of the said Western Hills Subdivision;
thence North 89 degrees 29 minutes 00 seconds West, 150.00 feet;
thence North 29 degrees 22 minutes 15 seconds East, 227. 16 feet;
thence South 89 degrees 30 minutes 45 seconds East, 756.48 feet;
thence South 00 degrees 31 minutes 00 seconds West, 190. 38 feet to a
point on the North line of the said Western Hills Subdivision;
thence North 89 degrees 29 minutes 00 seconds West along the North line
of the said Western Hills Subdivision, a distance of 666. 55 feet;
thence South 80 degrees 20 minutes 00 seconds West, 50.71 feet to the
Point of Beginning.
ALSO EXCEPTING THEREFROM any portion lying within the boundaries of
Western Hills, a subdivision of Weld County, as recorded September 23,
1963 in Book 10 of Maps at Page 29.
EXCEPTIONS TO WARRANTY: Right-of-way granted to Colorado Telephone Company
by instrument recorded 14 June 1904 in Book 217 at Page 74 ;
Easement for 6600 volt power line granted to Western Light and Power Company
in Book 622 at Page 32;
Right-of-way granted to Colorado-Wyoming Gas Company in Book 1206 at Page
418;
Right-of-way granted to Colorado Interstate Gas Company in Book 1424 at
Page 67;
Right-of-way for electrical transmission line granted to Home Light and Power
Company in Book 1453 at Page 95;
Oil, gas and other minerals reserved by Sarah A. Deason in Gook 1603 at Page
176;
Covenants and Restrictions contained in Deed recorded in Book 1653 at Page 113 ;
Easement for Highway No. 34 .
Robert R. Marshall as Trustee
of the Susan Bargelt Trust
and the Heidi Bargelt Trust.
Re':4°1 al 1 DIM 11111 111111 Ilil 111111 11111111111
N,�. - 2631260 08/06/1996 11:08R Weld County CO d..
. - 1 of 2 R 11.00 D 1.53 JR Suit! Tsukemoto
(et WARRANTY DEED ��
gels DEED, Made this Eleve✓lk yy�� ',ln day of I Y
19 , between RICHARD D. SEWALD AND
SHARON A. SEWALD
of the •County of WELD and Stale of
Colorado;grantor,and STATE, OF- COLORADO •
-
DEPARTMENT OF TRANSPORTATION
whose legal address is 4201 E. ARKANSAS AVENUE
DENVER, COLORADO 80222
of the CITY AND County of DENVER and State of Colorado.grantee:
WITNESSETH,That the grantor for and in consideration of the sum of $15,300.00
FIFTEEN THOUSAND THREE HUNDRED AND NO/100S DOLLARS,
the receipt and sufliciency 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.
SEE ATTACHED EXHIBIT 11A" DATED JANUARY 24, 1996 FOR:
��. PROJECT NUMBER: NH 0342-018
PARCEL NUMBER: 40'
PROJECT CODE: 90624
Please return recorded deed to:
Right of Way
Colorado Dept. of Transportation
1420 Second Street
Greeley, CO 80631
as known by street and number as:
assessor's schedule or parcel number:
TOGETHER with all and singular the hereditaments 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 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,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 front all former and other grants. bargains- sales. liens. tuxes, assessments.
encumbrances and n:strietinns of whatever kind or nature sower,except
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee,
his 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 applica
a: wh1t0rhattnttS
STATE OF COLORADO
,s.
County-of- icV:.1.��-�-
' r.....nn•, c,
The foregoing instrument was acknowledged before me this ( I day of i 1�vf�.•''' 1$ 1
010J •
byr.ICS*Act. .0 • 0. —�Fur_L --5,1(1AU, , 11 e e_aS 1 1y ''''''.., per;.
r� :'
My commission expires t.*tU a� . 19(\c' Witness my hand and official seal. g? Oj''„19 '�.r¢
II r
Naar_ Punt,: , /a r�f d
�LLr.-��t,
'If in Denver,insert"City and " }•
�-
Name and Address of Peres„Creating Newly Created[agar Description(5 3835-106.5.C.R.S.)
No.932A.Rev.4-94. WARRANTY DEED(For Photographic Record) 4)
Bradford Publishing,1743 Waver St.,Deaver,CO 80202-(303)292-2500-2.96
111111 I I I I I111111 Hitt 111111 HIM 111 It I I III I
2631260 08/06/1998 11:088 Wald County CO
2 of 2 R 11.00 0 1.53 JA Suit! Tsukanato
EXHIBIT "A"
PROJECT NIDEBEII: NH 0342-018
PARCEL NUMBER: 40
PROJECT CODE: 90624
DATE: 1-24-96
LEGAL DESCRIPTION
A tract or parcel of land No. 40 of the Department of Transportation, State of
Colorado, Project No. NH 0342-018 containing .087 hectares (.216 acres), more or lees,
in the N 1/2, N 1/2, NE 1/4 of Section 9, Township 5 North, Range 66 West, of the Sixth
Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more
particularly described as follows:
Beginning at the NE corner of section 9; Thence N. 89' 54' 31" W., along the north line
of the NE 1/4 of section 9 a distance of 180.443 meters (592.00 feet) to the east line
of book 1466 Page 697 of Weld County records; Thence S. 0' 44' 27" E., along said east
line a distance of 22.063 meters (72.39 feet) to the TRUE POINT OF BEGINNING;
1. Thence S. 89' 54' 31" E. , a distance of 39.625 meters (130.00 feet) to the west
line of Book 923 Rec./ 1845367 of Weld County records;
2. Thence N. 0° 44' 27" W., along said west line a distance of 22.063 meters (72.39
feet) to the North line of the NE 1/4 of section 9;
3. Thence N. 89° 54' 31" W. , along said North line a distance of 39.625 meters
(130.00 feet);
4. Thence S. 0' 44' 27" E. , a distance of 22.063 meters (72.39 feet).,. more or less,
to the TRUE POINT OF BEGINNING.
The above described Parcel contains .087 hectares / 874.2 square meters (.216 acres /
9410 square feet), of which .058 hectares / 580.1 square meters (.143 acres / 6244
square feet) are in the Right of Way of the present road leaving a net area of .029
hectares / 294.1 square meters ( .073 acres / 3166 square feet) , more or less.
Basis of Bearings: All bearings are based on a line connecting the NE corner of Section
9, T. 5 N., R. 66 W. 6th P.M. (3 inch aluminum cap in monument box) and the N 1/4 corner
of Section 9, ("x" in center of bridge) as bearing N.89 54'31" W.
0 RSGj s.
/t.wand 9$--'alf of t.•= 'i orado
..o Departme; f T$4 aQ(org,
Myron Du.,.Bora, PLS # 9�•c.
1420 2nd. c .; .'.Greeley,.- 80631
9, S
Ni.Retien 4.Chakd By: :. w. .--.•.•
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