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Home My WebLink About981996.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JEREMIAH WICKHAM AND MARY ROBERTS 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, Jeremiah Wickham and Mary Roberts, VI #9800102, are 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 13th day of October, 1998, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jeremiah Wickham and Mary Roberts, property owners, were 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 December 14, 1998, to allow adequate time for the property owners 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 Jeremiah Wickham and Mary Roberts 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 December 14, 1998, to allow adequate time for the property owners to bring the subject property into compliance. 981996 PL0824 VIOLATIONS -VI #9800102 - JEREMIAH WICKHAM AND MARY ROBERTS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of October, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WEL,Q COUNTY, COLORADO ATTEST: grje/ Constance L. Harbert, Chair Weld County Clerk to the By- • XCUSED n . H. W=ester, Pro-Tem /re-r2 BY: let-/-9 s' , ; � �r 7 , puty Cl; k to the f% ,: $' nn °Q��r. -: .e . :axte AP ED AS T ORM: \ , Dale K. Hall t tt ney EXCUSED Barbara J. Kirkmeyer 981996 PL0824 •DATE: October 13, 1998 VIOLATION NUMBER: VI-9800102 NAME: Jeremiah Wickham and Mary Roberts ADDRESS: P.O. Box 1248, Brighton, CO 80601 LEGAL DESCRIPTION: Part of the SW4 of Section 31, Ti N, R66W of the 6th P.M., Weld County, Colorado. PARCEL NUMBER: 4713 10 000092 CASE SUMMARY July 7, 1998 Initial complaint received that recycled materials, barrels, and miscellaneous debris were being hauled in to the property and stockpiled. July 14, 1998 A site inspection was conducted. July 15, 1998 Five day letter sent. July 16, 1998 Telephone call between Jeremiah Wickham and Sharyn Frazer. A meeting was scheduled for July 22, 1998, to discuss the options available on the property for this type of use. July 22, 1998 Meeting between Jeremiah Wickham and Mary Roberts, Sheri Lockman, Planner, and Sharyn Frazer, Zoning Compliance Officer. Mr. Wickham was given applications for a Use by Special Review and a Flood Hazard Development Permit for a future mobile home. It was agreed that they could submit all of the materials for the USR by August 22, 1998. August 11, 1998 Letter from Chuck Winchester, Owner/Manager of Tri-State Insulating of Colorado, Inc., to Mr. Wickham explaining that he would no longer allow him access through Tri- State's property. August 26, 1998 Telephone call between Mary Roberts and Sharyn Frazer. Ms. Roberts explained that they were having some difficulties working out access onto the property with the Colorado Department of Transportation. Ms. Roberts asked if we would allow an extension for submittal of the USR application materials until September 11, 1998. The extension was granted. The applicant did not meet the agreed upon deadline. September 14, 1998 Letter from Sharyn Frazer to Mr. Wickham scheduling him to appear at the violation hearings before the Board of County Commissioners on October 13, 1998. October 2, 1998 Letter faxed to the Sharyn Frazer from the Brighton Fire Protection District. The letter addresses violations of Sections 10.203, 10.401, 10.402, and 11.303.(e), of the Uniform Fire Code, 1991 Edition (combustible materials, adequate water, and access for fire equipment). 981996 VI-9800102, Jeremiah Wickham and Mary Roberts Page 2 October 2, 1998 Pictures taken of the site with the digital camera and included in the individual packets. October 5, 1998 Site inspection conducted. The property remains in violation. October 6, 1998 E-mail from Trevor Jiricek, Weld County Health Department. It was stated that after observing the property from the highway and review of pictures taken with the digital camera,the Health Department has concerns that this use would constitute a nuisance (possibly providing harborage for rodents) and that the materials stored on site appear to be an accumulation of solid waste which is a violation of the Solid Waste Act and would required a Certificate of Designation. October 12, 1998 Site inspection conducted. The property remains in violation. The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against 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. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorneys Office. From: TREVOR JIRICEK To: SFRAZER Date: 10/6/98 4 :14pm Subject: Jeremiah Wickham We have reviewed the pictures that you provided concerning the Wickham property near Brighton. I have also observed the property from Highway 85. Based upon observing the pictures and the site, as well as my discussions with you, we have the following concerns: 1) The site has the potential to be considered a nuisance in accordance with 25-1-613, CRS, as the materials currently stored at the site provide harborage for rodents. 2) The materials stored on the site appear to be an accumulation of solid waste in violation of the solid waste act 30-20-100.5. Any solid waste site and facility must have a C.D. If you have any questions, please call me at 2232. II Z00'd L99Z'0N XII 69:ZI 86/Z0/OT ,c►rr Bureau of Fire Prevention driviat,wt's-1�� Brighton Fire Protection District alit,'" i Brighton, Colorado Mr. Jeremiah Wickham October 2, 1998 P.O. Box 1248 Brighton,Colorado 80601 I Subject: Violation of Uniform Fire Code, Open Storage of Combustible Materials Dear Sir; The following comments and resulting requirements are governed by the Uniform Fire Code, 1991 Edition, and other codes or standards referenced within the Fire Code, as adopted by the Board of Commissioners of Weld County and as enforced by the Brighton Fire Protection District. 1. Outside storage of combustible materials shall not be located within 10 feet of any property line. Section 11.303_(e). 2. Combustible material cannot be stored adjacent to Or under buildings or combustible structures, including vegetation or trees. Section 11.303.(e). I 3. Storage of combustible materials or recycle materials must be completely baled and stacked in an orderly manner in an approved location. Section 1 302.(e). The location must be as approved by zoning requirements and in an area which can pr�vide adequate fire flow to extinguish the quantities of materials stored. Orderly stacking mufst provide adequate access for fire protection purposes -in single isles with six to eight feet bet isles to prevent fire spread and extinguishment. 4. Access roads shall be provided and maintained to allow fire apparatus to reach within 150 feet of any structure or facility constructed or moved within the Fire District. Section 10.203. 5. An approved water supply capable of supplying the.I-equired fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved within the Fire District. Sect4on I0.401. Requirements for and adequacy of that water supply is determined by the Fire Marshal. Section 10.402. The storage located on Highway 85 and on WCR 2-just w t of Highway 85 is in violation of the above noted Fire Code requirements and must be corrected within 30 days from the date of this letter. Should there be any questions concerning these requirements;please contact this office. Thank You. Resp Ro rt Parker,Fire Marshal I 425 South Main Street • Brighton, Colorado 90601 • 659-4101 • FAX: 659-4103 Z9 3tJVd DaiDeld 321Id N01H`JI21H E0Ib659E8E 86 ET 866E/LB/8i T00'd LS9Z'ON XN 6S:ZT 86/Z0/0T BRIGHTON FIRE PROTEOTION DISTRICT t29 South Main Sue=t Brighton. CoIoradaj aaao_ Boa-ase-1:,a1 - - AZ Z03 -63:-4103 FAX 'T'5c_ NSSMITT L SHEET T t��TSMI.= TO: Pea 3 Ann in. A7:7727:ICU : a eh r2t7 O/4. dffirk,': DIRECT 7:SON: T 970 6100 F,e .3_53SL FAX - 970 352 s TOT L O3.'' AGES TNT FAX `_'r.i'fNS.M4LTT?l!..,: a ( t,d.irg this pace C-ZC;C IF AP PRO RIATE : R.G { MESSAGE : As c ed i.s G /.. tea rece ,),r/9-).1,;(4 /Y1r. GJr n rr7 Cot? 648 rAci -1.4 is 51 c j ! et /r2.{y� P, ea £ty n-7e cd 47 /94 cA-1 NUJ , Joel V .410/ car "O're het( TO 3SVd 331O2id 3HId N71HrJI2iH 6011769960E 8t ET 8661/Z0/01 PERMITS Id: MISC120 Keyword: AACT User: SFRAZER 10/05/98 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800102 Applicant: WICKHAM JEREMIAH Status: COMPLNT Location: 233 HIGHWAY 85 Line Insp. Date Text 1 10/05/98 I CONDUCTED A SITE INSPECTION OF THE PROPERTY 10-2-98. 2 10/05/98 THE VIOLATION STATUS REMAINS THE SAME. RECYCLED MATERIALS 3 10/05/98 ARE STORED ALL OVER THE PROPERTY AND MR. WICKHAM HAS NOT 4 10/05/98 APPLIED FOR A USR AT THIS TIME. I ALSO RECEIVED A FAX 5 10/05/98 FROM THE BRIGHTON FPD REGARDING THE VIOLATION THEY HAVE 6 10/05/98 PLACED ON THE PROPERTY. I WILL BE COMMUNICATING WITH BOB 7 10/05/98 PARKER AT THE FPD THROUGHOUT THE WEEK. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. • • (71 cfej.;\\, DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone(970) 353-6100 • 111kFax (970) 352-6312 COLORADO September 14, 1998 • Jeremiah Wickham P.O. Box 1248 Brighton, CO 80601 • Subject: VI-9800102 Dear Mr. Wickham: The property referenced above remains in violation of the Weld County Zoning Ordinance. The submittal date for the Use by Special Review application has passed. I have scheduled a meeting with the Board of County Commissioners on October 13, 1998, at 10:00 a.m. to consider the violations occurring on the property. This meeting will take place in the County Commissioners' Hearing Room,first floor, Weld County Centennial Center, 915 Tenth 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 Services' 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, / Sharyn azer Zoning Compliance Officer • pc: VI-9800102 PERMIT PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 08/26/98 Additional Notations for Inspection item: 00404 Violation Permit No: VI.9800102 Applicant: WICKHAM JEREMIAH Status: COMPLNT Location: 233 HIGHWAY 85 Line Insp. Date Text 1 08/26/98 MARY ROBERTS CALLED AND ASKED FOR AN EXTENSION UNTIL 2 08/26/98 9-11-98. THEY ARE ADDRESSING CDOT ACCESS IN THE APPLICATION 3 08/26/98 MATERIALS AND NEED TWO MORE WEEKS TO COMPLETE THE 4 08/26/98 PAPERWORK. I GRANTED AN EXTENSION UNTIL 9-11-98. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit TRI-STATE INSULATING OF COLORADO, INC. P.O. Box 462 Brighton,Colorado 80601 1 (303) 659-8903 FAX (303)659-8919 SPECIALIZING IN Insulating•Booster Stations•Meter Runs•Oil Field Construction•Shop Fabrication•Natural Gas Plants Sharyn Frazer Aug. 11, 1998 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17th Avenue Crreeley, CO 80631 Sharyn, As per our phone conversation, enclosed is a copy or the letter I mailed, certified return receipt, to Jeremiah on Aug. 11, 1998. 1 oitt County Planning Dept AUG 1 3 1998 Sincerely, REG D Chuck Winchester Owner, Manager Tri-State Insulating of Colorado, Inc. TRI-STATE INSULATING OF COLORADO, INC. P.O. Box 462 Brighton,Colorado 80601 1 (303)659-8903 FAX (303)659-8919 SPECIALIZING IN Insulating•Booster Stations•Meter Runs•Oil Field Construction•Shop Fabrication•Natural Gas Plants Jeremiah L. Wickham Aug. 11, 1998 P.O. Box 1248 Brighton, CO 80601 Jeremiah, This letter is to inform you that after reviewing the amount and type of traffic that you have coming through our property, I must stop alloying you the courtesy of access through our property to get to your land. This will take effect upon receipt of this letter or Aug.13, 1998, which ever comes first. Sincerely, 1 IL OR Q C/1€;nde.t.t v Chuck Winchester Owner, Manager Tri-State Insulating of Colorado, Inc. v1 -q$OOl02 PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 07/22/98 Additional Notations for Inspection item: 00406 Violation Permit No: VI-9800102 Applicant: WICKHAM JEREMIAH Status: COMPLNT Location: 233 HIGHWAY 85 Line Insp. Date Text . 1 07/22/98 JERIMAH AND MARY WICKHAM CAME INTO THE OFFICE TODAY AND MET 2 07/22/98 WITH SHERI LOCKMAN AND I. WE EXPLAINED THE USR PROCESS AND 3 07/22/98 FURNISHED THEM WITH THE APPLICATIONS FOR A USR, FHDP, AND 4 07/22/98 PERMIT FOR A MOBILE HOME. I GAVE THEM A DEADLINE OF 8-22-98 5 07/22/98 TO SUBMIT THE USR PERMIT. I WILL FOLLOW UP ON THE ABOVE 6 07/22/98 DATE WITH THE PLANNERS. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. PERMITS Id: MISC120 Keyword: AACT User: SFRAZER 07/16/98 Additional Notations for Inspection item: 00404 Violation Permit No: VI-9800102 Applicant: WICKHAM JEREMIAH Status: COMPLNT Location: 233 HIGHWAY 85 Line Insp. Date Text 1 07/16/98 JEREMIAH WICKHAM CALLED TODAY 7-16-98, AND WE SET UP A 2 07/16/98 MEETING FOR WEDNESDAY 7-22-98. HE AND HIS PARTNER, MARY 3 07/16/98 WANT TO FIND OUT WHAT THEIR OPTIONS ARE REGARDING THE 4 07/16/98 EXISTING STORAGE LOCATED ON THE PROPERTY. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 2)• ART WILLIS WF.�D COUNTY TAX NOTICE ""i1 Ili E-"-- NELO COUNTY TREASURER R0041693 a.G. BOX 458 1996 19'. 3REELEY,CO 80632-0458 Taxes Due in EGAL �ESC•1•TI•N •F • ' • •E•TY TAX •UTH• •ITY - T•XLEVY .`apee":°P GENE"AL.T•X 16016 PT SW4 31 1 66 BEG 769.44'E OF SW COR WELD COUNTY 22.038 146.54 E820.56 TO ELY BANK OF MC CANN DITCH N8D22E SCHOOL DIST 27J 51.625 343.31 157.35'N34D23E I9I'NI9D02'E 175'W224.25' CCW WATER 1.179 0.044 7.55 N189.06'E289.50'N01D22'E 461.05'S87D37'E 206' CCS WATER 1.966 0.056 12.70 N02D22'E 285.14'SS0D30'E 359.36'M/L N16D36'E BRIGHTON FIRE 5.140 34.18 • 327.95'W1093.40'S03D14'W 321.70'S29D9'W WELD LIBRARY 1.500 9.98 ADDITIONAL LEGAL ON FILE WITH ASSESSOR ?i. �..�e��a�-+-o.-,.•r ate' , %L7 SB No.25. in ahsenre of Stale I-eoisla!ive Fnnrting 1 1,2CC your School General Fund Levy would have been TAX DISTRICT ACTUAL PROPERTY VALUE IS VALUATION OF LAND 6650 VALUATION IMPS OR PERS 0 TOTAL VALUATION 6650 TOTAL LE83 348 FULL TAX 554.26 2027 22943 IF PARCEL C ---- _- _ �► _-- -- PAYMENT SCHEDULE NUM •SA VEA•TAX IF NUM:E'SA• EA•HE•E 47131000092- "C•NTACT T•EASURE•"IMME•ATELYI _- t a s i i Ck, � iS g r U ✓ t /:� jmmcr. 7 /9 `/9 / 7 1st Half Tax DUE FEB 28 13 ' " 2nd Half Tax DUE JUNE 16 277.13 FULL PAYMENT 554.26 DUE APRIL 30 - -_ _-------.__._..- -...-- THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR TAXES ARE PAID BY A SMITH ALBERT D K. MORTGAGE SOLD TCOMPANY KEEP HIIS PROPERTY PFLIS EASETICE FOR YOUR RECORD.IF FORWARD THIS NOTICE TO THE OU HARSHMAN THOMAS A NEW OWNER OR RETURN 10 THIS OFFICE MARKED'PROPER fY sow.. 233 US HIGHWAY 85 BRIGHTON, CO 80601-2834 Please see reverse side of this form for additional information. TAX NOTICE RETAIN TOP PORTION FOR YOUR RECORDS. WELDWILLIS 'ELD COUNTY TAX NOTIC SCHEDULE WELD COUNTY TREASURER P.O. BOX 458 R6289686 GREELEY,CO 80632-0458 1997 Taxes Due in 1998 LEGAL •ESC•1•TI�N OF::n E•TY T•X AUTH• •ITY - A%,LEVY is u "'°" e`"^' � GENE•ALTTAX 16016E PT SW4 31 1 66 BEG N58D40'E 2170.67' WELD COUNTY 22.038 192.84 FROM SW COR SAID PT BEING ON ELY BANK OF MC SCHOOL DIST 27J 50.987 446.14 I CANNE DITCII S87D37'E 206 NO2D22'E 285.14' CCW WATER 1.144 10.01 N87D37'W 174.01'5181330'W 131.78'SOD42'W CCS WATER 1.889 0.009 16.45 158.30'TO BEG _________ BRIGHTON FIRE 5.005 43.79 1�� WELD LIBRARY 1.449 0.040 12.33 I • SB No.25,..in absence of Stale Legislative Funding,_> 107.349 your School General Fund Levy would nave been TAX DISTRICT ACTUAI.PROPERTY VALUE IS VALUATION OF LAND VALUATION IMPS OR PERS TOTAL VAL LIATION TOTAL LEVY FULL TAX 2027 89886 1780 6970 87511 82.463 721.56 I PARCEL" —�- UN AI• RI•-YEA TAX - ?PAYMENTSCHEDULE tic- 147131000053 REAL C•NTACTT EASUU EHIMME"I I f ist Hall Tax DUE MARCH 2 I .-360:98y, l j./ --^ 7 ,2nd Half Tax DUE JUNE 15 _� �- li v 6„7�, 360.78 `I OD I V • i 'FULL 'AYMENT 721.56 '"UEA• •IL3L. THE TREASURER'S OFFICE TAX NOTICE TO THE OWNER IS OF RECORD.RFDOUR TAXES BY LAW TQ SEND THE ARE PAID BY A HARSI•IMAN THOMAS A MORTGAGE COMPANY KEEP THIS NOTICE FOR YOUR RECORD.IF YOU HAVE SOLD THIS PROPERTY PLEASE FORWARD THIS NOTICE TO THE 233 US HIGHWAY 85 NEW OWNER OR RETURN TO THIS OFFICE MARKED"PROPERTY SOLD' BRIGHTON, CO 80601-2834 • DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices ' 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 352-6312 COLORADO July 15, 1998 Jeremiah Wickham and I.,}r�eol� 221 N. Kuner Road i 13` lJu T I N, Brighton, CO 80601 Subject: VI-9800102 Dear Sirs: It has come to the attention of the Department of Planning Services' staff that the uses on your property (Section 31, Ti N, R66W of the 6th P.M., Weld County. Colorado) may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a commercial operation (commercial storage and possible recycling) in the A (Agricultural) zone district which is not a use allowed. The original letter sent you on July 14, 1998, referenced the property as being zoned 1-3. I was in error. After further research, is has been determined by the Department of Planning Services that the property is zoned agricultural. Please call me within five working days of the date of this letter to review the concerns with me. S'ncerely, Sharyn Fra Zoning Compliance Officer pc: VI-9800102 SERVICE,TEAMWORK,INTEGRITY,QUALITY July 07, 1998 Mr. Ben Patton Department of Planning Services 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Ben, This letter is a follow-up to our meeting with you on June 25, 1998, regarding the land use of the property located next to ours. As we explained when we were in your office, we recently sold the property to the north and west of our property to Jeremiah L. Wickham. Mr Wickham told us prior to the sale,that he intented to build a house and raise goats on the property. Since Mr. Wickham has taken possession of the property, he has moved in a huge amount of barrels and other unnamed product in a somewhat hap-hazard manner. This is on the property directly north of our property. The enclosed pictures reflect the sight from our yard and kitchen window. The title papers list the property address as 12903 W. C. R2, Weld County and the owner as Sanctuary Uno,A Colorado Limited Liability Company. As far as we are concerned, it is not so much the usage but the sight that bothers us,which could be taken care of with a proper privacy fence. However, it does appear to be a commercial operation and it was not zoned for that prior to the sale of the property. We would appreciate it, if you would refer this matter to the Code Enforcement Office. We also would appreciate some feedback, either from you or the Code Enforcement Office. Sincerely, • omas A. and Janice K. Harshman 233 U.S. Highway 85 Brighton, CO 80601 303 659-8318 Enclosure Weld County Planning Dept, JUL 101998 RECEIVED it o•cloc —M.. • //� +z No. IlIJII IIIII 0111 111 11111 III ill 111 ill 111111 • WARRANTY DEED 2°°°°s° 04/27/1998 11:57A Weld County Co 1 of 4 R 21.00 D 12.00 .1A Sul(' Tsuksaolo THIS DEED,blade this 9TH day of APRIL, i I 1998 , between I ALBERT D. SMITH AND THOMAS A. HARSHMAN i �\ I oft •County of WELD . ate of Colorado,grantor.and I SANCTUARY UNO, L.L.C. , A COLORADO LIMITED LIABILITY OMPANY a corporation organized and existing under and by virtue of the laws of the State of COLORADO ,grantee:whose legal address is i I; WITNESSETH,That the grantor,for and in consideration of the sum of ($120,000.00) `I ONE HUNDRED TWENTY THOUSAND AND 00/100 DOLLARS, Ithe 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,Its successors and assigns forever.all of 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 "A" Ir I I I ,I I I II II also known by street and number as: I a903 wee ,� ) , ,,1%.„...e.%-A i Co I TOGETHER with all and singular the heredimments and appurtenances thereunto belonging or in anywise appertaining.and the reversion and I I reversions,remainder and remainders.rents, issues and profits thereof,and all the estate,right,title. interest,claim and demand whatsoever of the I I grantor,either in law or equity.of in and to the above bargained premises,with the hereditament%and appurtenances. I,, TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances.unto the grantee,its successors and assigns Iforever,And the grantor,for himself,his heirs and personal representatives,does covenant,grant.bargain and agree to and with the grantee,its successors Iand 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. T1 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 � 1 I the same in manner and form as aforesaid,and that the sane are free and clear from all former and other grants.bargains,sales,liens.taxes.assessments, r ``(\Y I J I encumbrances and restrictions of whatever kind or nature soever.except 3 ALBERT D. SMITH RETAINS HIS 25% MINERAL RIGHTS AS A LIFE ESTATE. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee. I its suceessurt aadasshgns.against all andeatryperwnorpersaas lawfullyAoiming-the whole orany-pan thereof: The singular number shall include the plural. the plural the singular,and the use of any gender shalt be applicable to all genders. IN WITNESS WHEREOF,The grantor h executed t is deed on the data set forth above. lit-gra g • - ALBERT D. SMITH THOMAS_ A._ HARSHMAN. O 3 ri STATE OF COLORADO. 1 ys, Co ARAPAHOE t co A,edg The forego' PJu�b�at��ylas• eel before me this 9TH day of APRIL •I995 by ALB ax3MIT A OMAS A. HARSHMAN My cams sioII expires a WITNESS \lkill � Or . OQ f/��`d�/A/'x or c0\- / `iaibaaa �.f/(for / `;:...._ Nary Public illy CommissIOD EXpites orars 'If in Denver.insert-'City and" No.952.Rev.343. WARRANTY'DEED Ito Cogwrntoni Far Pbataarepbk Wood 3.0 O Brdfwd P blsh:as.UM W.bar Ave..Lakewood.CO soul,0051 M.69W 1-1111111111111111111111-111111.1111111-11111111111 2000808 04/27/1008 11:57R Weld County CO 2 of 4 R 21.00 D 12.00 JA Suit! Taukaeoto COMMITMENT FOR TITLE INSURANCW • • • * • SCHEDULE A "CONTINUED" RE! Our Order NO. ; CQ42A99B - All that part of the SW 1/4 of Section 31. Township 1 North, Range 66 West of the 6th P.M. , Weld County. Colorado, which is described as follows: Beginning at the SW Corner of said Section 31; Thence on an assumed bearing East, along the South line of said SW 1/4, 769.44 feet to the True Point of Beginning,i Thence continuing Last, Stag gild South line, 820.66 feet to a point on the Masterly bank of the McCann* Ditahf Thence Northgrly along said Easterly bank the following courses and distances; North 08 22' last, 157.35 feat; ...- North 34°23'90" Nast, 191.00 feet , '- North 19°02'30" Bast, 170.00 feet; ,..,'"- Thence West (and leaving the McCann* Ditch) , 224.25 feet;fre''' Thence North, 189.06 feet; :.-' Thence Bast, 789,5‘. feet to a point on the Easterly bank of the said McCanne Ditch; Thence North 01°}2'30" East, along the Masterly bank of said McCann* Ditch, 461.05 feet to bhe last point on said ditch;S.-'-' Thence South 07,17'30" Hest, 206 feet;6 ---- Thence North 02022'30' East, 285.14 ft,, ' Thence South SO°30'30" lest, 359.36vfeet to a point on the Westerly right-of-way lige cf U.S. Highway No. 85; Thence North 16 36'30" East along said right-of-way line, 327.95 feet to the L✓' SE Corner of that certain parcel of land conveyed to Jacob J. Dawson and Betty L. Dawson by Warranty Deed recorded under Reception No. 1509158, Weld county records; Thence West, 1093.4 feet, along the South line of said last described aresl of land, to a point on the Easterly bank pf the South Platte River;v Thence along said Easterly bank by the following courses and distances: South 0314'30" West, 321.7 feet; i--,... South 29 09'15" West, 72.23 feetn.— South 11°01'15" West, 422.8 feet; South 17007'15" Weat, 201.7 feet;(0---- South 10014'15" West, 191.9 te*t; -..W-.'u South 45033'45" West, 277.06 feet( South 39°03'15" West, 367.38 feet to the True Point Of Beginning; EXCEPTING THEREFROM rEs FOLLOWING DESCRIBED TRACTS OF LAND: 1) Commencing at the SW Corner of said Section 31, and considering the South line of said Section 31 to bear North 90 00'00" East with all bearings contained herein being relative thereto; Thence North 58 40'43' East, 2170.67 feet to a point on the Easterly bank of the McCanne Dit&h, said point being the True._Point of Beginning; Thence South 87 37'30" East, 206.00 feet;( Thence North 02°22'30" Beat, 285.14 feet (284.82 feet measured) ; '"' CONTINUED NEXT PAGE 9 'd .1.-PE 99E ©L5 31111 A.114700 0,3M i4C014 Wr'EO;r 46 t-I t-?t 11111111111111111111111111111111111111 �� 11111 �� SCHEDULE A CONTINUED 2808008 84/27/1088 11:87A Meld County CO 3 of 4 R 21.00 0 12.00 JA Suk1 Teukamoto PA68 TWO CQ42299B Thence North 87°37'30' West, 174.91 feet to a point on the Easterly bank of the said MOCanne Ditch; Thence along the easterly bank of the said McCann* Ditch by the following courses and 30 Wo South 18 30'1010" West, 131.78 feet; v"' � ( ` South 00°42'14" West, 158.30 feet to the True Point of Be$inning, F., 2) A. tract or parcel of land No. 7 of the Adams and Weld County Highway/Engineering, Project No. EEO-0012(1) in the SW 1/4 of said Section 31, said tract or parcel being more particularly described es: Beginning at thg SW Corner of said SW 1/4; Thence South 89 54'00" East on an assumed bearing along the South line of said SW.1/4, 769.44 geet; Thence North 39 09'15" East along the Northwesterly line of that tract of land above described6 38.63 feet to the Triv,te Point of Beginning; Thence South 89 54'00" East, parallel with the South line of said SW 1/4, 800.63 feet; Thence North 08028'00" East, 15.16 feet; Thence North 89 54'00" West, parallel with the South line of said SW 1/4, 198.93 feet: Thence South 78°47'24" West, 50.99 feet; Thence North 89°54'00" West, parallel with the South line said SW 1/4, 150.00 feet, Thence North 8640'32" West, 355.56 feet; Thence North 89 54'00" West, parallel with the South line of said SW 1/4, 28.63 feet; Thence continuing North 89°54'00" West, parallel with the South line of said Sw 1/4. 154.01 &eet to the approximate center of the South Platte River; Thence South 34 42'06" West along said approximate center, 30.37 feet; Thence South 89°54'00" East, parallel_with- the- South line- of said- SW 1/4, 150.98 feet to the True Point of Beginning; 31 That part of the SW 114 of 'aid Section 31 which is described as follows: Beginning at thg SW Corner of said SW 1/4; Thence North 89 42'25" East along the South line of said SW 1/4, 1590.00 feet; Thence North 09°04'2$" East. 45.48 feet to the True Point of Beginning; Thence South 89042'2." Nast, 118.27 feet; Thence North 00000'00" East, 17.70 feet; Thence North 87°12'41° West, 315.07 feet to the beginning of a curve to thewe' right; The radius of said curve is 170.00 feet, the delta of eaid curve is 44°55'21", the chord of said curve bears North 64°45'00" West, 129.90 feat, an arc distance of 133x29 feet to the end of said curvet Thence North 42617'20" West, 131.38 feet to a point on the Seat bank of the South Platte Riser; Thence North 3845'52" East along said Eeet bank, 60.74 feet, Thence South 42 17.20" East, 140.83 feet to the beginning of a curve to the left; The radius of said curve- is 110.00- feet, thcr delta of- said- curve is 44°55'21", the chord of said curve bears south 64045.00" Bast, 84.05 feet, an arc distance of 86.25 feet to the end of said curve; CONTINUED NEXT PAGE L 'd B7Lc 99P OL.6 3-1111 UNIDO t7T3M H0d3 YIdP+7'7 L664-ti-CI 1111111111111111111IIII 11111111111111111111111111111111 SCHEDULE A CONTINUED 20000'}0 04/27/1000 11:57R Mold County CO 4 of 4 R 21.00 0 12.00 JR Suki Taukameto PAGE THREE CQ42299B Thence, south 97:1-3'41-" Bast, 44-0-.6-2- feet,- Thence South 08°04'2S" West, 71.63 feet to the True Point of Hecinning; fand 4) Beginning aS the SW corner of said SW 1/4; Thence North 8942'25" Bast along the South line of said SW 1/4, 1590.00 feet; Thence North 08°04'25" East, 45.48 feet; Thence South 89°42'25" Wsetd, 118.27 feet to the True Point of Sfginning; Thence conti8uing South 89 42'25" West, the following courses and distances: South 8942'25" West, 80.66 feet; South 78°23'49" West, 50.99 feet; South 89°42'35" west, 150.00 feet; t i' ' North 87°04'07" West, 355.56 feet; South 89°42'25" West, 28.63 feet to a point on the East bank of the South Platte River; Thence- North- 34°54'42" Beet, 229:G0- teet; Thence South 42°17'20" East, 131.38 feet to the beginning of * curve to the left; The radius of said curve le 170.00 fees, the delta of said curve is 4455'21", the chord of said curve bears South 64 45'00" East, 129.90 feet, an arc distance of 1336:.9 feet to tha end of said curve; Thence South 87 12'41." East, 315.07 feet; Thence South 00°00'00" West, 17.70 feet to the True Point of Beginning. 8 'd VP E 99E 0L6 Sillll A1NrltO 413M W02id Wdt'O'e L661-1 l-el AccountMil Mine? I Twn? I Blk/Lot I Condo?' -- bile?I Sales? II-_J N Owner Name, d R0041693 -- - -------- 821TM48�1 Legal Description SANCTUARY UNO LLC Ci Year rl 12903 WELD CO RD 2 16016 PT SW4 31 1 66 BEG 769.44`E GREELEY CO 80631 OF SW COR E820.56'TO ELY BANK OF 1998 2027 MC CANN DITCH N8D22'E 157.35' Apr Dist St N34D23'E 191'N19D02'E 175' W224.25'N189.06'E289.50'N01D22'E A 461.05'S87D37'E 206'N02D22'E 285.14'$80O30'E 359.36'M/L_.— Parcel Number MH Space Sequence ----_ -- - 147131000092 iwill �a ,+� N me, k r ,- $treetO ,$ P�� ;*fA„ e 24 iT1711r 1 Fr*Ili PIT 41 ry i 4,0`.:‘¢s is mx` `�+ C:n1} t ri i2 ,.:... v' vs a n .� b i'dl'.i_J o a its- , i 7 t p, p,� Acct Type Lag t t' °77 s t BACode Business Name Map No + 'e' 'r' k�a 1464 ° ' tiv ' � L F Administration Appraisal fg.`8 i 1 ;i ' x ,i gliA-- — --.-.--_ -- — --_ -- -- t '«x lug 1 Names 1 Real Property 2 Situs Address 2 Personal Property z T`n 3 Mobile Home 3 Protest '.. kti X, 4 Tract/Section 4 Mobile Auth/Cert 5 Condominiums 5 Value Tracking 6 Block&Lot 6 Oil&Gas Master 7 Book 8 Page/Sales 7 Railroads Current Year Prior Version Go To Imaging 8 Miscellaneous 9 Tax Items Prior Year Next Version Abatement xr 10 Pre/Succeed .----- 11 Remarks Next Year Clerk's Doc's 12 Tax Sale r=, 13 Special Assessments Update Clear Exit 14 Mines MASTER 1 2 3 4.._. - LEGALDATA 5 - 1EQUENC ERSTARIVERENDI Account Mine? I Twn? I BIlc/Lot I Condo?' ""nbileJ Sales?JE_J N Owner Namea dlia - -r — R6289686 - --- 82 484 HARSHMAN TH0NIASn Legal Description Year District BRIGHTON CO 80601 16016E PT SW4 31 1 O BEG NPT E0 N 1998 2027 ON EL7'Y FBANK SW CR SAID P BEING ON ELY BANK OF MC CANNE DITCH Apr Dist St S87D37'E 206'N02D22'E 285.14' N87D37'W 174.01'S18D30'W 131.78' A S0D42'W 158.30'TO BEG SITUS:12903 Parcel Number MH Space Sequence 2 GR-001 WELD 4000OJlTUS 233-$6 147131000053 Stli$N T$ prq'huN, , i I tfdm6 Type c y( a B �. B 4 . s 1 Yi96 1Y .;rl 1 e l �fi". '7,314:44:4;44i '9Is, a .i �.'" %slc,r., ��e� .., ._- : �.�.�.. . ^..;. x .S �.;e a+ .:+�v 2r. ; IRPPP�� t ° ' ? - t l#'�Acct Type Lagt - �"�.i"+ �, , .'?. Q"{! ,.�"i + ,�` ' ji I° °° WE 1 /.14;„. V xv ° on Residential ' >� zk� � z.°°�� BACode (Business Name Map No �` : 1464 ° ° „i '� ° ° Administration Appraisal •' '• tra 4' ` " °'aB!`ai$ ls 4. 1 Names 1 Real Property ittd ' 2 Situs Address 2 Personal Properly 1y 3 Mobile Home 3 Protest ,' l'.• ,_. .*° 4 Tract/Section 4 Mobile Auth/Cert 5 Condominiums 5 Value Tracking 3# 6 Block&Lot 6 Oil&Gas Master 7 Book&Page/Sales 7 Railroads Current Year Prior Version Go To Imaging 8 Miscellaneous 9 Tax Items Prior Year Next Version Abatement 10 Pre/Succeed 11 Remarks Next Year Clerk's Doc's 12 Tax Sale --- --- 13 Special Assessments Update Clear Exit r 14 Mines MASTER 1 1 2 3 4 LEGALDATA 5 - _ -_ j EQUENC ERSTAR VEREND -r. .-_ _.. _._.1.. _.-- ----- - - DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices ' 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 352-6312 COLORADO July 14, 1998 Jeremiah Wickham and Isreal Salazar 221 N. Kuner Road Brighton, CO 80601 Subject: VI-9800102 Dear Sirs: It has come to the attention of the Department of Planning Services' staff that the uses on your property(Section 31, Ti N, R66W of the 6th P.M., Weld County. Colorado) may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a commercial operation (commercial storage and possible recycling) in the 1-3 zone district without the appropriate permits. Please call me within five working days of the date of this letter to review the concerns with me. incerely, Sharyn Fr er 4)" . Zoning Compliance Officer pc: VI-9800102 • • SERVICE,TEAMWORK,INTEGRITY,QUALITY PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 07/14/98 Activity Table Processing Violation Permit No: VI-9800102 Applicant: WICKHAM JEREMIAH Status: COMPLNT Type: VIO Vers: 9601 Screen: 01 Base Information Parcel No: 1471 31 000092 Owner: SALAZAR ISREAL Status: COMPLNT Written By: SEF Sec/Twn/Rng: 31 01 66 Description: STORAGE FOR POSSIBLE RECYCLING FACILITY ZONED 1-3 Location: 233 HIGHWAY 85 Zoning Dist: I-3 Permit Num: App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD V10 "bcv + vi") Class Code: VI-15 commercial junkyard Complaint: 7/14/1998 Init: SEF NO VI: / / Init: 5 Day Letter: 7/14/1998 Init: SEF Issued: / / Init: Inspection: / / 'nit: BCC Vio: / / Init: Court: / / Init: Closed BCV: / / Init: Closed VI: / / snit: Enter Table Screen Number: 2 or ESC=Exit Table Processing F1=List Screens PERMITS Id: ACTP124 Keyword: AACT User: SFRAZER 07/14/98 Activity Full Description Maintenance Violation Permit No: VI-9800102 Applicant: WICKHAM JEREMIAH Status: COMPLNT Location: 233 HIGHWAY 85 Full Work Description Description: Page No: 1 STORAGE FOR POSSIBLE RECYCLING FACILITY ZONED I-3 W/0 APPROPRIATE SPR OR USR. F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint WASTE COMMODITIES MANAGEMENT SYSTEMS Atititio esou 3S Olt 1 Vj (303)655-1700 FAX (303)655-1725 • 1-800-477-9824 • BRIGHTON, CO 80601 2 2 ( A1, teu4ze ,&94i1 Recycle, Just Do It!! PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 07/13/98 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 1471 31 000092 Rg Ts Sec : 660131 Status: A Active Retired(Y/N): N Street Address: Dir: St: City: Situs Location: Legal Desc: 16016 PT SW4 31 1 66 BEG 769.44'E OF SW COR Acres: .00 X-COORD: Y-COORD: Tax Rate Area: 2027 Assr Use Code: 0041693 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: SMITH ALBERT D & Phone: Mailing Addr: HARSHMAN THOMAS A 233 HWY 85 BRIGHTON CO Zip: 80601 Contract Owner: Percent/Ownership: .00 F7CWrite Record, F2tAllow Fractions, ESC¢Cancel a rs DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT Elk COLORADO 'U' ZONING COMPLAINT Complaint Initiat by o BUILDING CODE COMPLAINT 0 Staff itizen 0 Other Legal Description: II Parcel# Violation Address: nO . ! a(b Lq 7 e `Q 1fi hldtt bn u s IV X JJ- gC Property Owners Name: Phone # Property Owners Address: Tenant's Name: Phone# Tenant's Address: NATURE OF COMPLAINT I - �, plc, — l Y4 nu; nosh pip wue..�.. b 1rhQ- U.A1) �- eAde . rnnctv�nmllx c aO k�.a . 1/2.),(kLC)C.S a etuo nkg - o r)(\a tq I 4-to Thk,o4, �9. `C . . . Zoning Complaint Referred To: Date: 6 •1 B •—I D Building Code Complaint Referred To: Date: ACTION OF INVESTIGATOR Date of Inspection: Inspection of the property indicates: ❑ No violation of the Weld County 0 Zoning Ordinance/ 0 Building Code 0 finance o Violation of the following sections of the Zoning Ordinance ❑ Violation of the following sections of the Building Code Ordinance ACTION ON COMPLAINT ❑ No Action Taken/ND-Vi6lation 0 Violation Fil""e��Started Date: Date: {IL •%,(‘•,, C,, Ct . laOpoS4 p [putt l bva 4Loy\ 4.uiksoyoore rg etbhxrirk9J t81t�1 P Q�L QD-1 tO.ac ern ��`� ..i1,-,;! i i-i'l (i' i.)ani 10-8-9R ,k " .. r d yd 'g` y- �"` H.x �, q ri`.. C , .4 W , :. 1, m 1 ^#�' � r,. '40'," X w � L e : xae 'w+a ab i,01*r Sy , F 'T x, h r a+tl w a m es. r, SNIsVg ", ' �F'';,s`c° s , + k � iA "" Nt �$$� --P - *,i3 ,j:' ' , ,;'�' "nrt ` m„- � mo-� ''..'1iWeWP 4''' � 4` c % �` 4',4 P 3t✓t, 3 'iy °s t d-04 i ik� $' '' , ��'�� 5 4V° u" a k. ; "� 6 ' '�� , ,, , � 4` k u pz '`* g v z ' � w w . c''',',.',..)":",, .}','s au 4 r t.,.??,,.?",:f:'',.�' Ct 'l r e Y ,,,,,, ,L ,...4,,,,,,,:-.,,,-...' hy� �'{; xz �� mr Lt , r�.� per �' b �A `,,t.,-4)1cFk,>p {sa �t'�..y .Y°� Y X F 1 4V pX. t l r 4. S i "" y,,` a t X� , 'Mx a ,`:. , ,''''''-''..-E“ »ss .,., ., ,,.. ,� Jeremiah Wickham 10-8-98 .. r m Rid {.. A'` y ice' s .. t4 s.. $$ , . ' ' k G%'"?^ #K v % 2p 44, �jiata'" .3 y '?)k �,w+p §, hk .r`# ..4 , tat 9t. „o-. �' r '�Y, ., , ^, ` a✓ Siiy w a ,_ r d .. ,q 4.k,„S' — Win.:. 4aVMMx. •• [I.. Hello