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Home My WebLink About970327.tiffRESOLUTION RE: APPROVE ASSIGNMENT OF TAX SALE CERTIFICATE TO MIDWAY ENVIRONMENTAL ASSOCIATES, INC. 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, the Board now is the owner of Tax Sale Certificate No. 92-00911/93 which relates to certain buildings located on the Union Pacific Railroad right-of-way in LaSalle, Colorado, and WHEREAS, said buildings are now the subject of a notice and order issued by the Town of LaSalle for their demolition, and WHEREAS, the requisite time has passed since the issuance of said notice and order and the Tax Sale Certificate is now ripe for a request for the issuance of a Treasurer's Deed for the buildings, and WHEREAS, Midway Environmental Associates, Inc. ("Midway"), now desires to purchase the Tax Sale Certificate for the sum of $25, which the Board acknowledges has already been received, and to then request the issuance of the Treasurer's Deed, with the knowledge and understanding of the notice and order to demolish the buildings. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Treasurer be, and hereby is, directed to prepare Tax Sale Certificate No. 92-00911/93 for assignment to Midway Environmental Associates, Inc. BE IT FURTHER RESOLVED by the Board that the Chairman is hereby authorized to sign said assignment, if necessary, and any other associated necessary documentation to affect said assignment. 970327 ee: 772;o 5 TR0017 RE: ASSIGNMENT, TAX SALE CERTIFICATE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of February, A.D., 1997. Deputy Clerk to the Board APPROED AS T• BOARD OF COUNTY COMMISSIONERS WELD QQUNTY, COLQRADO C Baxter, Chairman Dale K. Hall r :S_./1,a i._ ci / 2:- c -1 Barbara J. Kirkmeye W� � W2J W. H. e ster 970327 TR0017 COLORADO TO: Board of County Commissioners FROM: Bruce T. Barker, Weld County Attorney February 13, 1997 Metal Buildings Located in LaSalle, Colorado On November 4, 1993, a Tax Sale Certificate for 1992 taxes due on buildings located on the Union Pacific Railroad right-of-way in LaSalle, Colorado was stricken off to the Board of County Commissioners. The 1992 taxes then due and payable came to $1,963.95. The buildings consisted of miscellaneous grain storage silos, which were in a dilapidated state. The Board has held the Tax Sale Certificate since then, with more taxes being added to the total, which amounts to $5,644.64. The calculation of the taxes due and payable is attached. In August, 1996, the Town of LaSalle began an action against the then known owners of the buildings to have them demolished. The buildings have been deemed to be dangerous pursuant the Uniform Code for Abatement of Dangerous Buildings. On December 16, 1996, the Town of LaSalle entered into an odd form of a "stipulation" which gave the then designated owner, Henry Miller, a reprieve from the Town's demolition order and notice. Copies of the abatement notice and order and the "stipulation" are attached. Also attached is a letter from Ronald W. Earhart on behalf of Midway Environmental Associates, Inc., and the LaSalle Woodbrik Corporation. The Corporation desires to obtain the buildings, demolish them, and then use the site for the location of a manufacturing building. I spoke with Carl Harvey about the corporation's proposal on Wednesday, February 12, 1997, and he said that LaSalle is very much in favor of this proposal. Specifically, the Town sees that the new facility will provide much needed employment, be an economic boost to the community, increase the tax base, and cure an old eyesore. Mr. Earhart proposes to purchase the Tax Sale Certificate from the Board of County Commissioners. He has given the Board a check in the sum of $250. Of that amount, $225 is necessary for the deed process once his corporation receives the Tax Sale Certificate through assignment. In essence, he is giving the Board $25 for the Board to assign the Tax Sale Certificate to his corporation. Don Warden and I have reviewed Mr. Earhart's proposal. We recommend assigning the Tax Sale Certificate to Midway Environmental Associates. We do not believe there is any question that these buildings are in need of demolition. Mr. Earhart told me that he estimates the total cost of demolition will be several thousand dollars. I recall the building which was very similar in nature to these buildings and was in need of demolition in Galeton. That demolition cost 970327 Memo, Midway Associates February 13, 1997 Page 2 Weld County over $2,000. It makes sense at this point to absolve the County of any liability it may face to demolish the buildings. Additionally, the Town of LaSalle sees this as being a proposal which will benefit its residents. 7 BTB/db:Memo/Buildings Memo/Buildings Attachments pc: Don Warden George Baxter Connie Harbert Barb Kirkmeyer Dale Hall Bill Webster BruyT. Barker Weld County Attorney Assign Cert. t/ J; V / Set Work Session 970327 February 5 , 1997 Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 1 Board Members: ;? Enclosed is a check for $250.00, which constitutes an offer to buy the Tax Sale Certificate (Number 92-00911-/93) and begin the deed process for the property known as PIN #R0227693. Of this amount, $225.00 would cover the mandatory fee for the deed process in the County Treasurer's Office. The tax certificate and eventual deed should be issued in the name of LaSalle Woodbrik Corporation, for which incorporation papers are being processed by the Colorado Secretary of State's Office. It is my understanding that the property at 402 N. First Street, LaSalle, now held by the county under the Tax Certificate, consists of two steel silos, an elevator building with eight grain bins and two concrete silos nearby which are attached to a building containing numerous small hoppers. The land itself is owned by the Union Pacific railroad, with whom I plan to make lease arrangements. Although there are other structures on the site, these are the property of one Henry W. Miller, with whom I am making separate purchase arrangements. You should be aware that all the structures in question are under an order (temporarily suspended) for demolition by the town of LaSalle. Such action, if taken, would appear to render valueless the county's existing tax lien, whereas the property's revival would put it back on the tax rolls. Given these options, your prompt attention to this matter is required if plans for the assembly, rehabilitation and new use of the property are to proceed. This project, which will mean several new jobs, has the support of Carl Harvey, LaSalle town manager. I make this application under procedures outlined by the Weld County Attorney through his letter of December 11, 1996, addressed to Midway Environmental Associates. (That company's patented zero -pollution building product will be produced at the site.) I would appreciate a call at (970) 353-6965 as soon as your decision on the Tax Certificate purchase has been made. Sincerely, A/eV G��//q7 Ronald W. Earhart / 7cl 970327 STATE OF COLORADO Al To in Tn "T int 02276,93 1,402.82 X 40.00% 561.13' 9992 AXES rAxES NTEREST ADVERTISING :rF. FEE -OTAL COSTS 1402,82 1,963.`:5-;;+ 1,301.12 X 32.00% 416.36x 1,717.4;'+ 847.14 X 20.00% 169.43x 1,016.57% 876.52 x 8.00% 70.12x 946.64+ 1,963.95.:; 1,717.'43 1,)16.57 + 046.64 + c 6t,4.� 44715 Real Est, INTYr Tre been solo amount latutory rc LE NUMBF 7693 DESCRIP /q9° DUE /4( Men !452488 906.?_Ox+uirhar 906.20 Id, 110colorodo for Delinquent id, on was the Purchaser of the surd of money set opposite the caption to and for which he is to receive S ON RR R/W NE4SE4 31 5 65 v1E&OF OWNER WHEN KNOWN S SHETLER, GERALD ESSMENT #961-962-963-95 02397973 07/18/94 14:46 $0.00 1/002 Y ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO D2 P-192 07/19/95 11:49A PG 1 OF 2 Clerk & Recorder TTh fth'laaa' DuE Co nss/641 entAlTri a/119, t-r.vQ 4.00 508 P-41 08/23/95 03:55P PG 1 OF 2 CO Clerk & Recorder REC DOC 0.00 REC DOC 0.00 J PREMIUM BID RECORD OF SUBSEQUENT TAXES PAID AND ENDORSED YEAR DATE OF PAYMENT MO. DAY YEAR SCHEDULE NO. AMOUNT PAID 19f_ , ,97y 99_ 19 JUL J Isti.t 7 199 gbdi 5 9i- 23176/5 022 6227693 6?'L7 876 /? /74- 6R 19 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL, THIS *THIS CERTIFICATE IS TO BEAR INTEREST UNTIL REDEMPTION AT THE INTEREST RATES SET FORTH IN CHAPTER 137 C.R.S., AS AMENDED. INTEREST RATE: 12.00304 D 4 DAY OF -• NOV AD 19 93 SEAL WELD COUNTY TREASURE BY DEPUTY TAX SALE CERTIFICATE NO.92-0091 I/93 70327 FEB-12-97 WED 14:17 P. 01 TZC4C Qb a Sae, eellotelcA POLICE DEPARTMENT 11g MAIN P.O. BOX 717 LA SALLE, COLORADO 80645 PHONE: 303.284.5541 FAX' (303) 284-6843 FACSIMILE TRANSMITTAL THE MESSAGE TRANSMITTED HEREWITH IS INTENDED EXCLUSIVELY FOR THE ADDRESSEE. THIS MESSAGE MAY CONTAIN CONFIDENTIAL INFORMATION WHICH MAY NOT LEGALLY BE DISCLOSED. IN THE EVENT ANY PERSON OTHER THAN THE ADDRESSEE RECEIVES THIS MESSAGE, PLEASE ADVISE US BY TELEPHONE AND THEREAFTER RETURN THE MESSAGE BY REGULAR MAIL. DATE: TO: FAX NUMBER OF RECEIVER FROM: MESSAGES O Ala 9-1 2v CE e k biz l,. ) F n T -r (41.T 2C -O3.. 1- C p(R L /lp tt v c 7 / To w rJ or- &lc c e, t. f 4 e s i" F r,, E ,✓-r a Ln k o O LA G- F C.r f_ v /Y 2..(` TOTAL NUMBER OF PAGES INCLUDING THIS COVER SHEET: If You do not receive all (303) 284-5541. FEB 12 '97 14:16 of the pages. please call our office at PAGE.001 970327 FEB-12-97 WED 14:17 P.02 BREGA & WINTERS r.c. Bond 4. Lea lamra A. Waddora Jay O. Sag DENVER Jaw_ s W. W. a ga aaatra B. me . twat . Oallaer Peter A. gayly Walq B. Bond Wont C. Fantail Tame R. Ewe ant O. Board e. Lon Brian A. Magoon Lam L. Mau Joy John Schnell .J 2 S aw r. lnytet OS coiacn tlatspttaoh One Nonni Center 1700 Lincoln Street Swtt 2222 Dawn CO 80203 FAX. (303) 861-9100 (303) 866-9400 ATTORNEYS AT LAW August 14, 1996 CERTIFIED MAIL - RETURN RECEIPT VIA TELEFAX (402) 271-5493 Union Pacific Railroad Contract and Real Estate Department 1416 Dodge Street, #1100 Omaha, Nebraska 68179 ATT: Penny Rechtenbach Henry W. Miller 24525 Weld County Road 53 Kersey, Colorado 80644 VIA TELEFAX (402) 271-5610 Union Pacific Railroad Law Department 1416 Dodge Street, #830 Omaha, Nebraska 68179 KIT: Christine M. Smith, Esq. RE: Improvements on Railroad Right -Of -Way NE'/ of SE'/, Section 31, Township 5, Range 65 West of the 6th P.M., Town of LaSalle, State of Colorado Dear Mrs. Rechtenbach, Ms. Smith, and Mr. Miller: As you know, this firm represents the Town of LaSalle, Colorado. This letter should be considered as "NOTICE" from the Town of LaSalle (the "Town" or "LaSalle"), to the Union Pacific Railroad ("Union Pacific") and Henry W. Miller ("Miller"), that there are numerous conditions existing on and around certain property located at 400 North 1st Street. LaSalle, Colorado, 80645, with the legal description herein captioned above (the "Property"), which Property is owned by Union Pacific and may be leased by Miller, and which conditions are in need of abatement. United Flea • 1700 Teeth Street, Suite 402 • CO. Box 127 • Greeley, Colorado 80632 • FAX: (970) 362.6547 • (970) 352-4805 FEB 12 '97 14:16 PA 527 FEB-12-97 WED 14:18 P.03 B R E G A & WINTERS P. C. ATTORNEYS AT LAW CERTIFIED MAIL. - RETURN RECEIPT REQUESTED AND REGULAR MAIL Union Pacific Railroad; Contract and Real Estate Department Union Pacific Railroad; Legal Department Henry W. Miller RE: Improvements on Railroad Right -Of -Way August 14, 1996 Page 2 This 'notice is being given pursuant to §401 of the UNIFORM CODE FOR THE ABAT' t ' OF DANGEROUS BUILDINGS (the "Code"), which has been passed by LaSalle's Town Board. The building officials of' the Town have found the building and other structures standing on the Property (the "Improvements") to be dangerous, under the provisions of §302 of the Code, in following respects: See attached report from the Colorado Inspection Agency (the "CIA"), the official and authorized building inspectors for the Town. This letter shall be considered "NOTICE" in compliance with §404(b) of the Code, that the conditions stated in the attached report constitute an emergency and -that this letter shall be posted pursuant to §404(a) of the Code, requiring immediate vacation of the Property. The CIA and the Town Board have determined that the Improvements must be demolished; that all required permits for that demolishment must be secured from the Town, within sixty (60) days of the date of this letter, that the Property must be vacated within thirty (30) days of the date of this letter, and that the demolishment of the Improvements must be accomplished within thirty (30) days after the required permits are secured. If the demolishment of the Improvements is not commenced, within the time frame specified in this letter, the CIA and/or the Town Board will order the Improvements vacated and posted, in Order to prevent firrther;occupancy, until such demolishment is completed. The Town will, then, proceed to have the work done and will file and record a lien against the Property, in an amount equal to the costs of such demolishment, and other relevant costs to the Town related to that demolishment, including, but not limited to the cost of inspection, as well as all attorneys' fees incurred by the Town. Since, as I and the members of the Town Board understand it, Union Pacific has recorded title and/or legal interest in the Improvements and in the unimproved Property, it may file an appeal concerning this notice and order of the CIA and the Town Board, to the Board of Adjustment of the Town of LaSalle. Such an appeal would have to be in writing, as provided for in the Code and would have to be filed with the CIA and/or with the Town Clerk, within thirty (30) days from the date of the service of this notice, or any other notice, and/or any related order, or any action taken in this matter by any building official of the Town. The failure to appeal shall constitute a waiver FEB 12 '97 14:17 PAGE.003 970327 FEB-12-97 WED 14:18 P. 04 B R E Q A & WINTERS P.C. ATTORNEYS AT LAW CERTIFIF() MAIL - RETURN RECEIPT\ REQUESTED AND REGULAR MAIL Union Pacific Railroad; Contract and Real Estate Department Union Pacific Railroad; Legal Department Henry W. Miller RE: Improvements on Railroad Right -Of -Way August 14, 1996 Page 3 by Union Pacific and/or any lessee, including Miller, of all rights to an administrative hearing, and the determination of the matter stated in the notice and/or order. If, after a ruling on appeal, Union Pacific, is not satisfied with the decision of the Board of Adjustments, the mailer may be further appealed to the Town Board, within thirty (30) days of such ruling, or the decision may be appealed to the Weld County District Court, in accordance with the Colorado Rules of Civil Procedure. Please also consider this letter the "NOTICE" required by §404(a) of the Code, which requires that the following be stated, as part of the text of this letter: DO NOT ENTER UNSAFE TOQ,CCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official Town of LaSalle If you have any questions, please give me a call 1(970) 352-4805. Sincerely, BDL/jab Ends. cc: Client FEB 12 '97 14:17 Bradley D. Lane 40396043V.d aint PAGE.004 970327 FEB-12-97 WED 14:19 P. 05 To : The Town of LaSalle 119 Main St LaSalle, Co. 8O645 M1lnlrI 1I !I UIIUIIA IBBU1IIIIIIIIIII 1220 W. Ash 51., Ste. D • Windsor, Colorado 60550 • (970 686 7511 - Fax (070) 680-9249 Re : Abatement Inspection at 401 N 1st St. August a, 1996 On August 8, 1996 Colorado inspection Agency inspected the structures located on the above address. The grain silo's to the west consist of steel framing members with sheet steel skin. this structure is in fair condition however it could be considered a dangerous building undcr Sec. 302. 17 and I S ON; Uniform Code for Abatement of Dangerous Buildings. The Two metal tanks on this site arc htvmrds because of rust and damage to the structures. The blue tank has been severely damaged al the top. Both tanks should be considered for abatement under Sec. 302. 4, 5. 7, 8, 9, 10, and 18 of the Uniform Code for the Abatement of Dangerous Buildings. The East side grain mill has been severely fire damaged and the foundation is buckled also some of the supporting steel members have been removed. This structure should be considered an immediate hazard under all sections of the Uniform Code for the Abatement of Dangerous Buildings. The three metal storage buildings on the site consist of steel support members with metal siding attached. The steel support for the buildings is in good condition however the siding is rusted and loose in many places. There is much debris around these structures that should be removed. Two of these buildings have been accessed by people recently and there is evidence of vandalism on the site. These structures can be repaired however in their present state would fall under Sec.302. 1, 5, 6, 7, l0, 12, 17, and 18 of the Uniform Code for the Abatement of Dangerous Buildings. No electrical connections are at any of the structures. If the Town should need any further information regarding this matter please feel free to contact me. Sincerely, Craig Crider Colorado Inspection Agency - 'd 2*t69090L6 FEB 12 '97 14:18 A0N3OVN0I10'�d$NIea V11011?0 WV SZ!OI 96-60-Dflb " 2'7 FEB-12-97 WED 14:19 P. 06 144 oa14a Sae& &Aft 119 MAIN LASALLE, CO 80645 (970) 2844931 FAX (970) 2846843 December 16, 1997 TOWN HALL Henry baler 24525 WCR 53 Kersey, CO 80644 Ref Abatement of Dangerous Buildings This agreement is in reference to the Town ofLaSalle's order to you for abatement of dangerous buildings. You are hereby granted a ninety (90) day extension on the abatement of the dangerous buildings you own at 400 N. First Street. If you are still the owner of these buildings at the end of the ninety days, the original abatement order will be in full force and effect. frezrA enry lvliU FEB 12 '97 14:18 l -// -,9d Date PAGE.006 970327 Hello