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Home My WebLink About971985.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JESS HANKINS 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, Jess Hankins, VI #9700073, 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 9th day of September, 1997, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jess Hankins was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board 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 September 23, 1997, to allow adequate time for the property owner 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 Jess Hankins 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 September 23, 1997, to allow adequate time for the property owner to bring the subject property into compliance. 971985 PL0824 e : AL; ;q-- $-amen; VI #9700073 - HANKINS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 1997. BOARD OF COUNTY COMMISSIONERS WELD C UNTY, COL RADO ATTEST: Weld Coun BY: D-puty CI D AS T o.nt ttorn ler 1861 7 eorge E. Baxter, Chair stance L. HarbertPro-Tem Dal- K. Hall arbara J. Kirkmeyer W. Webster 971985 PL0824 WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 ..Wr1LEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YEScerNO DATE: 9/0p /9 NAME: ADDRESS: Sri a - TYPE OF INQUIRY: ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Shani Eastin ❑ Scott Ballstadt ❑ David Sprague ❑ Dennis Renley PHONE: CA/2-4...-001 0147441-40 ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ ❑ Gloria Dunn ❑ Todd Hodges ❑ Kerni Keithley ❑ Ed Stoner ❑ Johnny Roberts ❑ Jeff Reif ❑ Monica Daniels -Mika ❑ ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HO OCCUPATION OLATION ❑ OTHER Julie Chester ❑ Roger Vigil ❑ George Carroll ITEMS DISCUSSED: o . 04:11KAY Time Spent /0 nee.:1:64) citizen Staff Membe?slnitials 971985 PERMITS Id: MISC120 Keyword: 2ACTM User: JCHESTER Additional Notations for Inspection item: 00400 Permit No: VI -9700073 Owner: HANKINS JESS Status: ISSUED Address: 3812 LARSON AV EVJ 09/09/97 Violation Line Insp. Date Text 1 09/08/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 09/08/97 3 09/08/97 4 09/08/97 5 09/08/97 6 09/08/97 7 09/08/97 8 09/08/97 9 09/08/97 10 09/08/97 11 09/08/97 WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2 AND 31.3.9. THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS STILL A NONCOMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING OF A SCREEN, TIRE, CAR BATTERY, USED HOUSEHOLD FURNITURE AND SOME TRASH. TO BRING THE PROPERTY INTO COMPLIANCE THE ITEMS LEFT ON THE PROPERTY THAT ARE CONSIDERED PART OF A NONCOMMERCIAL JUNKYARD MUST BE REMOVED FROM THE PROPERTY OR STORED WITHIN A SCREENED AREA SO THAT THEY ARE NOT VISIBLE TO ANY ADJACENT PROPERTY OR PUBLIC RIGHT OF WAY. JULIE CHESTER, ZONING COMPLIANCE OFFICER 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. 971985 DATE: September 4, 1997 VIOLATION NUMBER: VI -9700073 NAME: Jess Hankins ADDRESS: 3812 Larson, Evans, CO 80620 LEGAL DESCRIPTION: Part of Lot 5, NE4/NW4 of Section 30, Township 5N, Range 65W.., Weld County, Colorado PARCEL NUMBER: 096130205001 CASE SUMMARY: May 5, 1997 Initial complaint received and referred to Julie Chester, Zoning Compliance Officer. May 7, 1997 Initial inspection of the property. Property is not in compliance. May 7, 1997 Five day encouragement compliance letter sent to the property owners. May 12, 1997 Telephone conversation with Jess Hankins. May 16, 1997 Progress inspection of the property. Property is not in compliance. May 27, 1997 Progress inspection of the property. Property is not in compliance. May 27, 1997 Violation notice sent to the property owner. August 27, 1997 Progress inspection of the property. Property is still not in compliance. August 27, 1997 Letter sent to the property owner indicating that the violation case was scheduled before the Board of County Commissioners. September 3, 1997 Telephone conversation with Jess Hankins. The noncommercial junkyard is still located on the property, therefore is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. To bring the property into compliance the noncommercial junkyard must be removed from the property or screened from all adjacent properties and public rights of way. The Department of Planning Services also recommends that the County Attorney authorize 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. 971985 WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES DAC DATE: % n /3 191 NAME: ADDRESS: PHONE: TYPE OF INQUIRY: ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE O SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Shani Eastin ❑ Scott Ballstadt ❑ David Sprague o Dennis Renley ITEMS DISCUSSED: ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION _p' IOLATION ❑ OTHER ❑ Gloria Dunn ❑ Todd Hodges ulie Chester ❑ Kerri Keithley ❑ Ed Stoner ❑ Roger Vigil ❑ Johnny Roberts ❑ Jeff Reif ❑ George Carroll ❑ Monica Daniels -Mika ❑ l ' -4244_ _ z 0.44, 'Lay cYir :1-11 if( CIILL:t441j SW h l_ by Time Spent /0 4�� citizen Staff MembersInitialPI1f/✓ 971985 WI�Yc ittstai COLORADO August 27, 1997 Jess Hankins 3812 Larson Avenue Evans, CO 80620 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: VI -9700073 Legal Description: W195' Lot 5, NE4/NW4 of Section 30, Township 5N, Range 65W, Weld County, Colorado Dear Mr. Hankins: 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 September 9, 1997 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, Julie Chester Zoning Compliance Officer pc: VI -9700073 971985 PERMITS Id: MISC120 Keyword: @ACTM User: JCHESTER Additional Notations for Inspection item: 00400 Permit No: VI -9700073 Owner: HANKINS JESS Status: ISSUED Address: 3812 LARSON AV EVJ 09/03/97 Violation Line Insp. Date Text 1 08/27/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 08/27/97 WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2 AND 31.3.9. THE 3 08/27/97 PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A NON - 4 08/27/97 COMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING OF 5 08/27/97 DERELICT VEHICLES AND OTHER MISCELLANEOUS JUNK. TO BRING 6 08/27/97 THE PROPERTY INTO COMPLIANCE THE NONCOMMERCIAL JUNKYARD MUST 7 08/27/97 BE REMOVED FROM THE PROPERTY OR SCREENED FROM ALL ADJACENT 8 08/27/97 PROPERTIES AND PUBLIC RIGHTS OF WAY. 9 08/27/97 JULIE CHESTEI}, ZONING COMPLIANCE OFFICER 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. 971985 44ter, IIDc DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY -ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 WELD COUNTY ZONING VIOLATION NOTICE May 27, 1997 Violation Number : VI -9700073 Jess Hankins 3812 Larson Avenue Evans, CO 80620 Legal Description : W195' Lot 5, NE4/NW4 of Section 30, Township 5N, Range 65W, Weld County, Colorado The uses on the above described property are being considered as a zoning violation of Section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. This is not a use allowed by right in the Agricultural zone district. The violation can be corrected by removing the noncommercial junkyard from the property or screening it from all adjacent properties and public rights of way. If screening is to be used to conceal the noncommercial junkyard, a detailed screening plan must be submitted to and approved by the Department of Planning Services staff prior to installation. 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 until August '15, 1997 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 call or write the Department of Planning Services' office. Sincerely, &au Julie Chester Zoning Compliance Officer pc: VI -9700073 971985 PERMITS Id: MISC120 Keyword: @ACTM User: JCHESTER Additional Notations for Inspection item: 00405 Permit No: VI -9700073 Owner: HANKINS JESS Status: COMPLNT Address: 3812 LARSON AV EVJ 05/27/97 Violation Line Insp. Date Text 1 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2 AND 31.3.9. THE 3 PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A NON - 4 COMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING OF 5 DERELICT VEHICLES AND OTHER MISCELLANEOUS JUNK. I MET WITH 6 JESS AT THE TIME OF INSPECTION AND WE DISCUSSED WHAT ITEMS 7 NEEDED TO BE CLEANED UP. HE SAID HE UNDERSTOOD AND WOULD 8 COMPLY. I WILL REINSPECT THE PROPERTY IN APPROXIMATELY 30 9 DAYS. 10 JUL)E CHESXER, /$O 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 05/27/97 Enter Option: "A=Add,`t=Change, ING COMPLIANCE OFFICER D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 971985 PERMITS Id: MISC120 Keyword: @ACTM User: JCHESTER Additional Notations for Inspection item: 00400 Permit No: VI -9700073 Owner: HANKINS JESS Status: COMPLNT Address: 3812 LARSON AV EVJ 05/27/97 Violation Line Insp. Date Text 1 05/16/97 SEE INSPECTION REPORT UNDER LETTERS, VIOLATION NOTICE SENT. 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. 971985 WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDIN^ INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 ELEPHONE NAME: U OFFICE FI/ ADDRESS: 3 g1 a TYPE OF INQUIRY: ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL FIRST INQUIRY? Ja' YES U NO DATE: VL-?{Ful)73 ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ ❑ USR DISPOSAL SITE ❑ 5'//a/9 PHONE 330-/34 mt. Illya-44-O / ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HO E OCCUPATION IOLATION ❑ OTHER ❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges ulie Chester ❑ Chris Goranson 0 Kerni Keithley ❑ Ed Stoner ❑ Roger Vigil ❑ David Sprague ❑ Johnny Roberts ❑ Jeff Reif ❑ George Carroll ❑ Dennis Renley ❑ Monica Daniels -Mika ❑ ITEMS DISCUSSED: T„ O L ih 1'1 y 4 C � /G jqQ 1 0 i /0'frr Q4 (7, 6n0—°'A-cr) r Time Spent 70 /11-4-;a9 Staff Member'slnitia citizen 971985 WIiDc COLORADO May 7, 1997 George Jones 2000 37th Street Evans, CO 80620 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: VI -9700073, Legal Description: W195' Lot 5 NE4/NW4 of Section 30, Township 5N, Range 65W, Exc beg at intse c of DLRR and W In Lot 5 N 88'E to NWiy In DLRR SW to beg, Weld County, Colorado Dear Mr. Jones: It has come to the attention of the Department of Planning Services' staff that the uses on your property (3812 Larson Avenue) may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a noncommercial junkyard located on the property. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, Julie Chester Zoning Compliance Officer pc: VI -9700073 Jess Hinkins, 3812 Larson Avenue, Evans, CO 80620 SERVICE, TEAMWORK, INTEGRITY, QUALITY 971985 Permit No VI -9700073 COMPLAINT DATA SHEET 05/07/97 Page: 1 08:43 Data: Full Description Description: COMPLAINT: NCJY LOCATED ON PROPERTY Data: Process Tables Screen No: 01 Base Information Parcel No: 0961 30 205001 Owner: Status: Description: Location: Zoning Dist: App Type: Class Code: Complaint: 05/07/1997 5 Day Letter: 05/07/1997 Issued: 00/00/0000 Inspection: 05/05/1997 BCC Vio: 00/00/0000 Court: 00/00/0000 Closed BCV: 00/00/0000 Screen No: 02 Zoning Information Parcel No :0961 30 205001 Legal Descr:13426E W195' L5 NE4NW4 30 5 65 EXC BEG AT INTSEC OF DLRR & W Owner Name :JONES GEORGE C Date:00/00/0000 Verified: Setbacks N: S: E: W: Req by Zoning Sec Twn Rng:30 05 65 Notes: Zoning Dist:AGRICULTURAL Acres .00 ** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met ** Legal Lot 1 Site Plan Review SPR JONES GEORGE C COMPLNT Written By: JAC Sec/Twn/Rng: 30 05 65 COMPLAINT: NCJY LOCATED ON PROPERTY 3812 LARSON AVE, EVANS AGRICULTURAL Permit Num: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi") VI -2 noncommercial junkyard Init: JAC NO VI: 00/00/0000 Init: Init: JAC Init: Init: JAC Init: Init: Init: Closed VI: 00/00/0000 [nit: Prior to Zoning Yr t 80 Acres Rec Exemption RE Sub Exemption SE Use Spec Review USR Planned Unit Dev PUD Subdivision S Change of Zone COZ 1 Board of Adjustment BOA 1 Non -Conforming Use NCU 1 Flood Hazard Dev FHDP 1 Geological Hazard GHP 1 Accessory Dwelling ZPAD 1 1 1 Violation VI Screen No: 03 Violation Letter Text Use this screen to add text to be merged with For all letters - Dear..- : For all letters - My Name: My Title: Permit Num: violation letters. (include ',') 971985 Permit No VI -9700073 COMPLAINT DATA SHEET 05/07/97 Page: 2 08:43 Data: Process Tables Continued... Ordinance Section: For Case Summary - To bring property into compliance... Data: People OWNER JONES GEORGE C 2000 37 ST EVANS CO 80620 TENANT HINKINS JESS 3812 LARSON AVE EVANS, CO 80620 05/07/97 05/07/97 Data: Conditions Data: Comments Data: Inspections Item: 00404 TELEPHONE CALL Item: 00405 LETTER Item: 00400 SITE INSPECTION Item: 00406 OFFICE VISIT Dept: Division: Dept: Division: Dept: Division: Dept: Division: Data: Approvals Item: 00001 Building Department Dept: BUILDING Division: Item: 00002 Planning Department Dept: PLANNING Division: Data: Locks, Holds, Notices Data: Addresses 3812 LARSON AV EVJ 05/07/97 Data: Parcels 096130205001 / / 971985 PERMITS Id: ASSR100M Keyword: aASSRM User: JCHESTER 05/07/97 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 0961 30 205001 Rg Ts Sec : 650530 Status: A Active Retired(Y/N): N Street Address: 3812 Dir: St: LARSON AV City: EVJ Situs Location: 3812 LARSON AV EVANS Legal Desc: 13426E W195' L5 NE4NW4 30 5 65 EXC BEG AT INTSE Acres: 1.50 X-COORD: Y-COORD: Tax Rate Area: 0641 Assr Use Code: 4004886 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: JONES GEORGE C Phone: Mailing Addr: 2000 37 ST EVANS CO Zip: 80620 Contract Owner: Percent/Ownership: .00 F7tWrite Record, F2tAl low Fractions, _ESCtCancel PERMITS Id: ASSR100D Keyword: 2ASSRM User: JCHESTER 05/07/97 Parcel Legal Description Maintenance Parcel Legal Description - Action: Update Page: 1 13426E W195' L5 NE4NW4 30 5 65 EXC BEG AT INTSE C OF DLRR & W IN L5 N88' E TO NWLY LN DLRR SW TO B EG X3812 LARSON AVER Parcel: 0961 30 205001 Use: 4004886 Owner: JONES GEORGE C Situs: 3812 LARSON AV EVANS Acres: Legal: 13426E W195' L5 NE4NW4 30 5 65 EXC BEG AT INTSE _F7tUpdate,=F2/PgDntNext Page, _F3/PgUptPrev Page, _ESCtCancel 1.50 971985 Att; WUDc. COLORADO DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT -rieNING COMPLAINT Com taint Initiated by: ,,�� a BUILDING CODE COMPLAINT /// tiff zen o Other LEGAL DESCRIPTION:. Lu / 9� / 1-Y 4w 4/ 30 -S-G sr - VIOLATION ADDRESS: Parcel # o 9&0/- ✓70`"-, SZm I ATTACH COPY O DEED Property Owner's Name: l � Zy (ilto_a Phone # -)4 IV e (-i..) %a l� Property Owners Address: 31(/2 /////��cw % (_� C/ Tenant's Name and Mailing Address: iy ' ((�\�� 7� .24-^1'44^-° CHeactr "-SY - 4,&/ NATURE OF COMPLAINT: Zoning Complaint Referred To: \ 1!'l.r-,,u Date: 5- 7 Building Code Complaint Referred To: Date: ^� Case Assigned To: (-/.d-u Date: 5117 ACTION OF INVESTIGATOR: ... Date of Inspection: 5 7, 1c7 -4 - Inspection of property indicates: o No violation of the Weld County a Zoning / a Building Code Ordinance Referred to: on j;i3riolation of the Weld County a Zoning / a Building Code Ordinance rotations of the following Sections of th rnng 3) - s / - 9. 9 a Building Code Ordinate ACTION ON COMPLAINT: CASE REVIEWED BY SUPERVISOR SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this form. ❑ No Action Taken/No Violation lolation File )Startyd Date Date l/ T Date 971985 Recorded at _ o'clock M.. Tar -2549486 B-1607 P-674 05/22/1997 03:18P PG 1 OF 2 REC —_-Weld County- CO. .JA- Suk-i- Tsukasoto- Clark &- Recorder 1 -1.00 - WARRANTY DEED D - 660.288 /6 1197 THIS DEED, Made this 20th day of May between George C. Jones also known as George G. Jones of the County of Weld grantor, and Jess P. Hankins ,19 97 , and State of Colorado DOC P 4.50. whoselegaleddress-is- 3812 Larson- Avenue, Evans, CO 80620- ofthe County of Weld and State of Colorado �gantee; WITNESSETH. That the grantor, for and in consideration of the stun of FORTY FIVE THOUSAND AND NO /100- -DOLLARS, ($45, 000.00 ), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confi m, 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 Description attached hereto and made a part hereof. also known by street and number as 3812 Larson Avenue, Evans, CO 80620 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder end 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 from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soave:, except for taxes for the current year, a Hen but not yet due or payable, easements, restrictions, reservations, covenants and rights -of -way of record, if any, . The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses- sion 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 applicable to all genders. IN the grantor has ezecuteis de n th�ata se rth abov - GeorftC. Jon s also known as- �- Geor$e G. Jcenes STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged befo George C. Jones also known a My Commission expires: July 15 , 1997 ) s6 �s' r b iii'••` - �ZSt, ay of Srge G. J Ai CARRIE a WALKERw ut••. ,O�FG�"C,�:,j` " Carrie May d •d'official s Notary Pub c Walker ,l997 ,by AssuwvD WARRANTY DEED (for pbatovaphk Record) Flea U0250I6A91 971985 3812 Larson Avenue LEGAL DESCRIPTION 07 DEED DATED May 20, 1997 All that part of Lot 5 of the Northeast Quarter of the Northwest Quarter of Section 30, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, as subdivided by the St. Louis Western Colony, described as follows: The West 195 feet of said Lot 5 lying North of the abandoned Denver, Laramie and Northwestern Railroad right of way except all that portion of said Lot 5 conveyed by Warranty Deed dated March 9, 1960, and recorded in Book 1554, Page 251 of the Weld County Records excepting and reserving therefrom an easement over the East 10 feet thereof for alley -way and excepting and reserving therefrom an easement over the West 60 feet and the North 30 feet thereof for street and highway purposes, and also excepting the Southerly 10 feet thereof, County of We d, State of Colorado 2549486 B-1607 P-674 05/22/1997 03:18P PG 2 OF 2 Ric UO26016A97 971985 Recorded at o'clock Ni Brink Pape 25-49487 B-1D0T P-675 05/22/1997 03:19P PG 1 OF 3 REC ®Weld County CO JA Suki Tsukamoto Clerk & Recorder 16.00 Zlci C- •'Deed jTib jt f Pubi1C Trustee ' "D DOC 1' THIS DEED OF TRUST is a conveyance in trust of real property to the Public Trustee of the county In Colorado in which the Property described below is located. It has been signed and delivered by the"Debtor" to secure the "Indebtedness" owing to the "Beneficiary". THE SPECIFIC TERMS OF THIS INSTRUMENT ARE: Debtor(s): (Give the name(s) and address(es) of each Debtor) JESS P. HANKINS , 3812 Larson Avenue, Evans, CO 80620 Beneliciary(lee): (Give the name(s) and address(es) of each Beneliciary) . GEORGE JONES, 2000 37th Street, Evans, CO 80620 Indebtedness: (Give the date, amount, and maturity of the note(s); or the description of other form ol obligation; Indi- cate if future advances are provided tor) Prcmissory Note in the amount of $26,638.59 dated May 20, 1997 with monthly payments in the amount of $422.84. Balloon payment in the amount of $4444.71 due March 15, 2004. Real Property Description: (Include county and street address) SEE ATTACHED LEGAL DESCRIPTION - EXHIBIT "A" Default Interest Rate: 10.5% Prior Encumbrances (If any); THE GENERAL TERMS OF THIS INSTRUMENT ARE: Conveyance and Warranties. For valuableconsideration. the Debtor hereby conveys the Property to the Public Trustee of the county in Colorado in which the Property is located. in trust for the Beneficiary. The"Property'Includee the real estate described above (underSpecific Tomtit together with all of the improvements located on the Property. now or in the future, and all easements rights. royalties. minerals. property Interests under leases, water rights end rights to transport water (including any wells, pumps and motors) and all other appurtenances totheProperlyof whatever deaerlplbn.lnclud- mg replacements and edditlonLThe Debtor hereby warrants title to the Property, subject to the following matters: (I) the lien of the general properly tax for the year of this Deed of Trust. (ii) any special assessments for Indebtedness not due and payable on the date of this Deed of Trust. pie easements. nghta-olway. reservations.covenants. restrictions, and mineral or other l , to the extant that any of those clams has been established by an instru- ment recorded prior to the dale of this Deed of Trust in the real estate records of the county In which the Properly 0 located- or to the extent that any of those items has been established by use. and (iv) my prior encumbrances specifically referred to above (under Specific Terms). This conveyance Is in trust lot the benefit of the Beneficiary. and the Debtor acknowledges that the Public Trustee of the county in which the Property islocated, aswell as any duly appointed successor. shall have, with respect to the Property, all of the rights. powers and authority granted by applicable Colorado law end by the terms of this Deed of Trust- Including tie power of sale in the event of deault. Assignment of Rents and Royalties. In conjunction with the conveyance of the Properly to the Public Trustee the Debtor hereby assigns to the Beneficiary as additional security for the Indebtedness all rents, royalties and other payments attributable to the use or consumption of the Property. However, the Debtor Than, unless and until the Beneficiary exercises his sccelerstion rights following adelault, have the freight collect and retain all such rents, royalties and other such payments as they become due and payable. Condemnation Awards. The Debtor hereby assigns to the Beneficiary all condemnation awards aid with respect to the Property. except for any portion of the award which exceeds the balance of the Indebtedness and except for any pardon of the award which the Beneficiary elects not to accept. The words "condemnation award" include all payments made by any condemning authority for the taking of or for damage to the Property or any portion of the Property, and also include payments made in lieu ol condemnation. The Debtor retains the right to that portion of the award which exceeds the amount of Indebtedness due at the time of the award. Waiver of Homestead. The Debtor hereby lutly and absolutely walvea and releases his right under any.ColorMaor.laderatlaw, Includingaay.en• acted in the future. to claim the Property as a homestead or to claim any other exemption with respect to the Properly. This paragraph is made lot the benefit only of the Beneficiary (as defined below) and may not be relied upon by any other person. Debtor's Retained Rights. The Debtor retains the right to the possession, use and enjoyment of the Property. except as otherwise provided in this Deed of Trust The Debtor also retains the right to require the Public Trustee to fully release the interest in the Properlyconveyed to the Public Trustee by this Deed of Trust at such time as the Indebtedness has bean fully paid or otherwisesatldled; and the Debtor retains theright to require partial teleese by the Public Trustee, if provisions for partial releases have been added or referred to below. The Debtor shall beentitled to reimbursement from the Benefi- ciary for all costs incurred by the Debtor in obtaining rel 44444 of partial ref , to the extent the costs ere related to failure or a refusal of the Benefi- ciary to deliver to the Public Trustee the note evidencing the Indebtedness and to deliver any other instruments lawfully required by the Public Trustee. Additions to indebtedness. The Indebtedness with respect to which this Deed of Trust is given includes nol only the balance from lime to time of the Indebtedness described above (under Specific Terms), but also Includes alt amounts owing under extensions of the notelet evidencing the Indebted- ness, plus future advances made by the Beneficiary to the Debtor and interest on future edyaoces (if the description of the Indebtedness under Specific Terms mentions future advances). plus all expenditures rightfully made or incurred by the Beneficiary to protect thesecurityof this Deed 01 Trust and to correct any violations by the Debtor of the covenants of this Deed of Trust. together with Interest on the amounts of such expenditures calculated at the default interest rate set forth under Specific Terms. Covenants by Debtor. In addition to warranting title to the Property, the Debtor covenants and agrees: tat to pay the Indebledness according to the terms end requirements of the note(s) or other documents evidencing the Indebtedness; (b) to keep the Property In good condition and repair and to neither demolish nor more any Improvements without Miswritten consent of the Beneficiary: to neither commit nor permit any act by which the value of the Property would be impaired; to neither violate nor permit the violation of any law allect• fig the use and maintenance of the Property. and to neither commit nor sutler waste to the Property; id) to pay. within the time allowed by law. all taxes. assessments and any other charges levied on the Properly. if such lases, assessments end other charges could have priority over this Deed of Trust: Id) to keep all buildings and other insurable slruclures on the Property continuously insured, at the ocelot the Debtor. against perils covered by a stand- ard lire insurance policy with endorsements for extended coverage, vandalism. malicious mischief. and optional perils:or, al the choice ol the Debtor. to keep in force a standard all-nik policy. In any base- such coverage Shall be Mended by one or more companies authorized to Issue insurance in Colorado and the amount of the coverage shall be equal t0 the lull Insurable stiletto' all the buildings and Other insurable structures, unless the Bene- ficiary agrees in writing to a lower amount of coverage. The Beneficiary shall be named as an additional Insured of all such policies under a standard mortgage clause Each such policy also shall contains provision requiring written notice to the Beneficiary at least 30 days prior to the effective dale of any cance(lekoner non -renewal of the policy Al the request of the Beneliciary. all insurance policies required by this paragraph. or copies of the policies shall be kept in his possession: • ISIS UPDATE LEGAL FORME IIS em Avenue • Creptny Colorado 01671 130317% -dap This form contains a due -on -sale clause: NO. 301 strike out it clause inappropriate. 971985 N A 0 (a) lithe Property conalilutas an Interest Ins condominium unik 10 comply with all restrictions and requirementsimposed bytMCOndominium declara- tion and by Ohs bylaws. rules and regulations of the homeowner's association; (I) to retrain from changing the zoning of the Properly, without the written consent of the Beneficiary'. (Olio pay wlwn-dorihrindebledrlwas-securedby anyp.ior-entu ibrim s:' (h) to reimburse the Beneficiary for any amounts which the Beneficiary advances in order to cure defaults by the Debtor with respect tome payment of fun. assessments. Insurance premiums, and amounts due on prior encumbrances, and to pay interest on the amount advanced al dui default inter- est rale: the Debtor hereby authorizes the Beneficiary to cure any such defaults by the Debtor. (I) ill foreclosure proceeding is commenced. to pay all ofthecosts of the proceedingIncluding but not necessarily limited toptblic WalesefNs.publi- cation coats, the coal of obtaining Idle evidence, and reasonable attorney's leesand to reimburse the Beneficiary ter anyol thoseitema paid by the Beneficiary together with interest at the default interest rile; (I) to surrender possession of the Propene Peacefully al such time as the Debtors right or possession of the Property termNaleel (k) lithe Properly eon Psis in parlor entirely of the Debtor's interest era baset to comply with and'utIslylna timely lloftheobligationa under the lease. e &daubed under this Innatrumen evidencing the Indebtedness or (b) tags ton. The Debtor will be o perform Or Disidered to neen any other covenant or termol rof this Deed of rusust if the Debtor t. or I„) isadluMuted a bas on the notelet Or nk- rupt or makes a general assignment for the benefit of his creditors. In the event of any such default, the Beneliclary miry declare rho entire Peirce of the Indebtedness immediately due and payable (I.e.. may "accelerate" the Indebtedness) and may then lake the following remedial actions: the Beneficiary may take immediate possession and control of the Properly end repair and maintain it at the expense o11M Debtor: Ow Beneficiary may collect and re - coke any and all rants. issues, and profits tram the Property: and the Beneficiary may apply lot the appointment of a receiver and shall be entitled to Such appointment ass matter 01 right, without regard to the solvency or Insolvency of the Debtor and without regard to the value of the Property and its ade- quacy as security for the Indebtedness, the receiver may be appointed by a court of competent jurisdiction upon ex parteapplication and without notice. notice being expressly waived by the Debtor. In addition, the Beneficiary may institute foreclosure. as provided in the next (serigraph. Foreclosure. If the Debtor defaults under this Deed of Trust. and whether ornotlMsMebdaryseda toncelwale/M Indebtedness (aseftowedun- der the preceding paragraph) the Behliciery may institute the Bale of the Properly by making the demand and giving the notices required by Colorado law. The sale may be held pursuant either toe court lorecloaure suit Or loan administrative proceeding conductedby the PublldTruetee. The Saki SNOW scheduled and conducted and notice of the sale and of the rights to cure defaults and to redeem shall be given, all as provided by Colorado law. Unless Colorado law provided otherwise, notice of sale shall be advertised weekly for not less than bur weeks in some newspaper of general UncutedOn in the county where Ihe Property is located. The sate shall be public and shall be held al the front door of the cowt house in which the Property le tocated,er el such other lawful plate as provided by taw. The Property shall be sold to the highest bidder. The Beneficiary may become a purchaser of the Properly al the sale. The Property shall be sold in separate parcels Or as one parcel, asthe PublicTrustee deermbsawould be most advantageous. The PublicTrus- tee shall issue all cerielitmes and deeds as Julhonied and required by Colorado law The Public Thome shall deal with the proceedsot the cab as pro. wiled by Colorado law and no purchaser Shall he obligated to see to the application of those proceeds Tne sole shall forever bar the Debtor tram claiming any interest in The Properly sullied to all rights 01 redemption provided by Colorado law Application of Funds. Amounts payablebylnsurors under h Wird ineuranCe p0lkieSCOeeringtoe Property.whether paid l0the Debtor orthe Beno- liciary. shall be used to restoreON th/Properly unless. In the reasonablejudgement o1 the Benefiolery, it would benecessaty 10 apply alibi■ portion of the proceeds to the Indebtedness in order to protect the ecurity of the Beneficiary. In order to enable the Beneficiary to toilette hit tiglteunderInn paragraph. the Debtor shall promptly inform the Beneficiary as to the tact of any loss or damage to the Properly, the amount of 'wettable intimate pro- ceeds. the coat of restoration or repair. end at to all other Information reasonably requested by the Beneficiary. Any Insurance proceeds which onto be paid on the Indeblednau. following the Beneficiary's reasonabledetermination that such payment is'woeuer/to proles his security endany'mouma received by the Beneficiary nr by a receiver from condemning aut Mnties or from persons paying rent or royalties alter a delautt. Mall be applied in the following manner in l he following order'. (gas a payment to the Beneficiary to reimburse him for costa Including reasonable attorneys Int.mewedto collect such amounts, lilt as a payment in satisfaction of any pail -due payments on the Indebtedness; (iii) as a pre -payment On the Indebtedness: and Mil as a refund to the Debtor. to the extant that the Indebtedness has been fully paid. Any amounts Replied u a partial pre -payment of thelndebtednse5 shall not defer or aller the timing and amounts of installments of Indebtedness thereafter falling due, except to the talent that the installment. last falling due are Satiilied by value of"any partial 'preipaymen t Subsequent Parties. Alt references in this Deed of Trust to me 'Bendkrery' include not only the Beneflcian named under Specific Terms above. but also any person or entity who becomes the owner of the notelet or other evidence of the Indebtedness altar the dale of this Deed of Trust the refer- ence also includes the holder of a cendicate of purchase issued in conjunction with a foreclosuresale under IN* Deed of Trust. tf any person Otter than the Debtor acquires any interest in the properly in the future that Parson shall be subject to all of the covenants. obligations, and restdcMnsol this Deed of Trust to the same extant as the Debtor, and accordingly, all references in this Deed of Trust tothe'Oebtor include that person:this Mall not.lowever. release the original Debtor or any intervening Debtor from Obligation on this Deed of Trust and on the note or other instrument evidencing the indebted- nese. to the extent that these obligations Otherwise exist. Due on Sale. II alt or any part of the property or any in in the Properly is sold or transfer red in a trensettion which is a "prohibltedsale ortrane- ler". the Beneficiary may, at his Option, treat this Deed of Trust as being in default and may accelerate the Indebtedness es provided above. II the Denali. nary is prohibited by Colorado law Irom declaring the delaull end acceleration. the Beneficiary may nevertheless require he transferaso accept a lawful interest rale increase. the refusalor failureofthe transferee to octopi m writing thelawfulfret I rate increase shall constitute in itself a dataull under INS Deed Of Trust A -prohibited sale Or transfer" is any sale or Denser, including one in whichlhe conveyanceal bile is deferred. and including thegranting of an option to purchase exercisable al a future date. but not including h) the crealon of a hen Or encumbrancesubodinatet0 this Deed of Trust. On the hamster Oink by devise or deSCent.Or by operation of law upon the death of a joint 'anent. (1111 the grant 01 any leasehold interest of threeyean or lass not containing an option to purchase. or liv) a sale or other lrenaler to which the Beneficiary consort. . in writing. Notwithstendmg any other provision of this paragraph the fryall ta Bece weary shall have paragrno right ao ph c net declare are a eland is 10 taded a) t1notagreeeo teticiand )lually agree in writing loth' assumption otthe Indebtedness by the Miscellaneous Provisions. The following miscellaneous Provisions shall apply': Is) any lorebearance by the Benel.asry in esercaing any right at remedy Shaltnotelfeet therigms Of the Beneficiary with respect to subsequent defaults Or violation lb) all remedies Prov.rlr•d by i ms Deed of Trust are Oishncund commutative to any other right or remedy ether under this Deed of Trust or available by any law or Slightly aria all such remedies may be exercised Concurrently. independently. or Successively Icl if Iwo or more persona have signed as "Debtor". they are jointly and severally obligated; Id) in the event that any prevision or dtuse of this Deed of Trutt is incontfict with applicable taw, the connect shall not affect other provisionew this Deed ol'Trus winch-Carrbrgwerretan.wnMulihe-contading provision, lo lel Mr nrd:edure; provisions 0l this Deed of Trust shalt be deemed to be automatically amended rinecessary ruleto ConformWS oy statute Or of i out. now existing or adopted after the dab DI this Deed of Trust, le the ev nltsuch i m:I e In air, those set Irwin in trims peed of Trust and ID the extent that the statute Or rule of court s applicable to the security transacton which is the subject of this Deed of Trull. Its .1 the Debtor and the Beneficiary have agreed to additional terms and conditions respecting this security transaction, including as an example an agreement establish la re0eused in peyrseet andnd rance acknowledged.shall be gor an agreement en ellnl and anyol its previslOr partial ions conlliOS Of flictwitthhthousel Of Trust. than ally such ead 01 uherpemem, it in writing, signed Inrin in Ines Dead of Trust the provisions 01 the supplimental agreement Mall COnb01; i11N/ Deed 01 Trust has been recorded, the eupelimentel agreement. to be effective, also must be recorded, lea words in this Deed olTrull denoting the singular shalt benedMS denotinglhepture,.andmasCUtineprOnouPsahallbereedaslemimne0rneuterpro- nouns t the circumstances so require. rrd paragraph headings are Poi the • nadei s convenience end shall not be considered in determining the meaning of this instrument. co C Dale of this Oiled of Trust May 74. 1 gg7 J t Executed by the Denimisl as of the above dela O Signature Clause for Corporation, Partnership or Asaoclatlon: fly 2549487 B-1607 By Nee!, Sal Corporation Partnership or Association Arrest . OF 3 P-675 05/22/1997 03:19P PG 2 STATE OF COLORADO COUNTY OF WELD 'the rthegoing instrument was acknowledged halo Br• Jess' P'. 1i81Tid1TB-. I' name individual Deblorist or d Debtor is Corporal assistant socrela,y OI corporation nr as pertnerisl O WITNESS my nand and official seal My commission expires: July 15, 1997 .'/,A9{ ss 1'Ue'c. f 4 4, ct,g420k11 ''•• T$btkiSCI. .. Parytnership or AsaocjilLOp� T/app.P. or as at, Sig attire laws tar Indlvlduat(s): day of May Debtor Debtor Debtor 'tO 97 en identify signers as president or vice president end sac retery or I mantra) of 'association I /A)1 ,fir' ihi . Notary Public 971985 Hello