HomeMy WebLinkAbout20221814.tiffRECEIVED
JUN 10 2022
WELD COUNTY
3 June 2022
COMMISSIONERS
Subject: Richmark-Varra Land Donation/Annexation/Special District/Development
To: City of Greeley Long -Term Planning, City Council of Greeley, Weld County Commissioners
Back Ground:
An agreement was reached by the City of Greeley with Richmark-Varra to donate the land where
Richmark-Varra currently operates a Pit located at 1431 E 16th Street, Greeley, Colorado 80631
for the purpose of subsequent developmental purposes for a park initially and currently a new
housing subdivision. As part of the Land Donation Richmark-Varra will receive monetary
incentives in both tax considerations and directly in reduced cost of rehabilitation/reclamation of
the land affected by the long -use for Pit work. The Land Donation has been stated to be the cause
for the Annexation of the area in question for the purposes of creating a Special District to establish
a Park, of which Richmark-Varra is the cited Developer of Record. The Park proposal premised
on the Special District requiring Annexation has subsequently transformed from a new Park into
a subdivision/housing project of approximately 250 homes, of which Richmark-Varra is the
Developer of Record.
Richmark-Varra stands to gain significant financial benefit in the reduction of costs associated
with required reclamation/rehabilitation of the area used for their Pit by the Land Donation to the
City of Greeley through off -set costs and special tax considerations. Richmark-Varra stands to
gain further significant financial benefit through the Annexation and Special District Status by
being named the Developer of Record to build the initially proposed Park and now changed to an
approximately 250 home subdivision.
The City of Greeley stands to gain significantly by the Land Donation, Annexation and subsequent
development of newly Annexed lands in Tax revenue from expanded citizenry to
industrial/business growth areas within the City of Greeley proper.
The Land Donation and all subsequent actions by and for the parties, Richmark-Varra and the City
of Greeley, stand to materially gain significantly in both financial terms and expanded
opportunities for future financial gains.
Consideration for the City of Greeley & Weld County Representatives:
➢ Richmark-Varra knowingly, falsely and/or materially misrepresented to the City of
Greeley the Land Donation for financial gain.
➢ Richmark-Varra knowingly, falsely and/or materially misrepresented to the City of
Greeley/Weld County ownership of Land for financial gain.
➢ Richmark-Varra knowingly, falsely and/or materially offered documents into the official
records for the purposes of fraud to receive significant financial gain.
➢ Richmark-Varra knowingly, falsely and/or materially misrepresented information
presented before the Greeley City Council and/or the Weld County Commission for the
purposes of fraud to achieve significant financial gain.
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➢ The City of Greeley either knew or should have known the materially false
representation(s) by Richmark-Varra and as such become potentially a conspirator to fraud
by approval of the Land Donation and more specifically subsequent proposals surrounding
Annexation for the purpose of Land Development.
➢ If the City of Greeley was not aware of the material misrepresentation, then it is due to one
or more reasons, to include but not limited to:
• Richmark-Varra provided knowingly inaccurate documents materially misrepresenting
the Land to be Donated and Developed as being owned by Richmark-Varra
The City of Greeley Liaison related to the Land Donation and subsequent
Developmental plans knew of the material misrepresentation made by Richmark-Varra
and became a conspirator/party to the intention to defraud the City of Greeley, Weld
County, and Property Owner
Richmark-Varra offered documentation or verbal assurance all property associated
with the Land Donation to be subsequently Developed by Richmark-Varra was in the
possession of Richmark-Varra or was being secured, a materially false and knowing
misrepresentation by Richmark-Varra to the City of Greeley and/or Weld County
➢ Richmark-Varra has materially misrepresented ownership of the property to be Donated and
subsequently Developed by submission and pending approval by the City of Greeley and/or
Weld County as having ownership of the property located at, 1321 E 16th Street Greeley,
Colorado 80631, at the Southwestern corner of the submitted documents defining
Richmark-Varra property ownership along E 16th Street.
• The property located at 1321 E 16th Street, Greeley, Colorado 80631 is easily
discoverable by a simple records search through Weld County
• All other homes/property along the North RoW along E 16th Street adjoining the Pit
property located at 1431 E 16th Street, Greeley, Colorado 80631 were denoted on
presented mapping of development area delineating, clearly, ownership of
Land/Property belonging to Third -Parties in contrast to Land/Property owned subject
to Richmark-Varra Land/Property to be Donated and Developed
• The property at 1321 E 16th Street, Greeley, Colorado 80631 has been presented through
presentation/documentation by Richmark-Varra to the City of Greeley Council does
not provide a carveout for the property at 1321 E 16`x' Street, Greeley, Colorado 80631.
The presentation/documentation infers and deceptively insinuates the property does
not exist and is currently and from the time of initial proposal of Land Donation and
following Developmental opportunities has not existed, a clear and intentional
material misrepresentation of Richmark-Varra Ownership from which the Land
Donation and subsequent Annexation/Development proposals are contingent upon
• Richmark-Varra initially presented a map of the area for a Park demonstrating the
Land/Property owned by Richmark-Varra and those owned by others along E 16t
Street — excluding the Property at 1321 E 16" Street, Greeley, Colorado 80631,
inferring the Property does not exist or is under the ownership of Richmark-Varra for
the purposes of Land Donation and subsequent Development proposals
• Richmark-Varra presented an updated map of the area to be developed now
demonstrating the housing development, again delineating the Land/Property owned
by Richmark-Varra and other Land/Property owners adjoining their Land/Property to
be Donated and subsequently developed — again knowingly and materially
misrepresenting ownership of the Land/Property/Home at 1321 E 16th Street
• By Richmark-Varra knowingly, falsely and/or materially misrepresenting ownership
has potentially and most likely committed Forgery as defined by Colorado Revised
Statute (CRS §18-5-102)
• Continuation for the purpose of Land Donation by Richmark-Varra to the City of
Greeley predicating the Annexation and subsequent Land Development would reach
the threshold of Fraud as defined by Colorado Revised Statute (CRS § 38-10-101 &
CRS §§ 18-5-201-18-5-211, §§ 18-5-701 - 18-5-707) to the most likelihood of result
with Land Donation, Annexation, and Development predicated on the material
misrepresentation which was known by Richmark-Varra
• With Annexation based on the knowing and false misrepresentation of Land/Property
owned by Richmark-Varra, the City of Greeley could, and would, in all likelihood
allow for the City of Greeley to use the power of Government to compel the owner of
the Land/Property/Home (myself, Patrick Kelley) to lose the Rights and Ownership of
said property by invocation of Colorado Revised Statutory defmition(s) (CRS § 38-7-
101)
• Richmark-Varra and the City of Greeley will have by and through the knowing
misrepresentation in effect colluded/conspired for the purpose of defrauding the
Land/Property/Home Owner (myself, Patrick Kelley) with the approval of the Land
Donation for the purposed of Land Development requiring Annexation as its stated
purpose
Conclusion:
At no time has Richmark-Varra contacted me as the Land/Property/Home Owner located at 1321
E 16th Street, Greeley, Colorado 80631 in any manner regarding the potential purchase of my
property. For the City of Greeley to continue any consideration regarding the Land Donation and
subsequent Annexation and Development would in the least make the City of Greeley and/or its
Agents of Record Complicit to Fraud most likely (CRS § 18-1-603).
By the knowing and intentional decision making process and false representation of materially
misrepresented facts surrounding the initial Land Donation for the purposed of subsequent Land
Development requiring Annexation by the City of Greeley, any and all consideration, contingent
agreements, proposed actions or otherwise should be terminated or halted entirely until any
possibility the City of Greeley and Weld County can be assured no Fraud will occur, and the City
of Greeley will not be seen to in fact or in most likelihood have conspired and been complicit in
the material misrepresentation(s) offered/used by Richmark-Varra. An amicable resolution of the
issues surrounding the initial Land Donation Proposal, Annexation Purpose, Special District
Designation, Land Development, and any and ALL financial gains which Richmark-Varra stands
to gain by the Land Donation as predicated for all subsequent action(s)/decision(s) by both the
City of Greeley, Weld County and the Land/Property/Home Owner (myself, Patrick Kelley)
located at 1321 E le Street, Greeley, Colorado 80631, must, of necessity, be resolved before
further and future consideration can ethically proceed or be pursued.
In lieu of satisfactory resolution and in light of Richmark-Varra's own action(s)/decision(s)
potential investigation of both Civil and Criminal conduct may be required. House Bill 22-1119
was passed creating a more effective pathway to coordinate the Colorado State Auditor's Office,
Colorado Attorney General's Office, and Local Prosecutorial Offices where the strong likelihood
of crime has been committed, referred to as, "Colorado False Claims Act." This measure is going
before the general electorate this November, but it does not create new law as much as it creates
more effective policy and unified procedure. For the City of Greeley and/or Weld County to allow
the continuation of this proposed Land Donation for the purposes under which it is to be donated
would exacerbate the underlying issues of Fraudulent misrepresentation and Forgery of
instruments to be used in an official capacity to allow Richmark-Varra significant financial gain,
the very least of which being Richmark-Varra no longer being required to rehabilitate the
Land/Property at 1431 E loth Street, Greeley, Colorado, 80631, absolving Richmark-Varra of
millions if not tens of millions of dollars in fmancially required commitment to do so. By the
continuation of the City of Greeley and/or Weld County would raise the meaningful question of
complicity in the act with the intent to commit or conspire to commit Fraud which may waive
personal protection of liability for, "Willfully and Wanton," acts not consistent with their duties,
expectations, requirements and inferred protections within scope of work (CRS § 24-10-106 & §
24-10-107). Title 24 section 24-10-106/107 defines where protection from personal liability by
governmental officials, appointees, volunteers and related ends and as to when a public entity will
be treated as a private entity for actionable purposes.
At this time any and all considerations related to the Land Donation, Annexation, Development
Proposal should be terminated or immediately Tabled/Halted until resolution of the issues related
to the matter are fully resolved to a degree necessary not to be seen as abusive, criminal, fraudulent,
or otherwise subject to criminal and/or civil action against Richmark-Varra and the City of Greeley
or its Agents acting under the color of authority. Under CRS § 24-10-109 requirements for claim
of injury suffered by a government agency/agent will begin at the date of approval by the Greeley
City Council of the proposed Annexation/Development predicated on the officially submitted
documentation, triggering all relevant and covering Colorado Statutory obligations determined
valid by the Colorado State Constitution of which the City of Greeley and/or its Agents or Agencies
can be held as immune in violation of per the United States Supreme Court ruling a municipality
created and within a State cannot be in opposition of its creator.
As the Land/Property/Home Owner located at 1321 E 16th Street, Greeley, Colorado 80631 having
only recently discovered this matter am making my voice and concerns known. My concerns are
definitely personal as it relates to the home in which I live. The home in which my Grandfather
passed -away. The home which my Grandmother maintained until her death. The home which has
been within my family for more than half -a -century. The home I visited during the summers when
a child. The home I lived in with my Grandmother for a time while I attended John Evans Jr. High
School. The home which Richmark-Varra has caused extensive and material damage to over the
years of the Pit Operations and utter lack of concern for the surrounding community, its health nor
the invested tax -payer roadway improvements (CRS § 25-1-501 et seq., § 31-15-702).
While I do have undoubted personal attachment beyond merely this Land/Property/Home being a
place where I live, I also recognize there is a much larger and prescient issue which will affect all
citizens of the City of Greeley, Weld County and the State of Colorado as a whole by extension of
what has, is and will happen if allowed to occur regarding the knowingly and false
misrepresentation of material facts from the beginning of the Land Donation Agreement to the
subsequent questions of Annexation for the purpose of Land Development by the City of Greeley
in the County of Weld.
What should also be noted, my Land/Property/Home located at 1321 E 16th Street, Greeley,
Colorado 80631 sits at the Southwestern corner adjoining the Richmark-Varra Pit property, 1431
E 16th Street, Greeley, Colorado 80631, and in accordance with their Development Proposal's
latest official offering, to the City of Greeley Council, homes would be built a clear and definitive
assertion of Richmark-Varra owning the Land/Property belonging to me. Should my
Land/Property/Home remain it would require the reduction of Homes to be built by a minimum of
four (4) and potentially up to half of the neighborhood depicted in the Southwestern Corner of the
currently proposed Development Area, potentially reducing homes by up to sixteen. In either case
a significant loss of housing to the City of Greeley by the proposal and a significant loss in potential
revenue for Richmark-Varra.
The process of State investigation and/or civil litigation through Discovery may, and most likely
will show, Richmark-Varra has future development intended directly to the west of my
Land/Property/Home located at 1321 E 16"' Street, Greeley, Colorado 80631. If such information
were to come to light as part of the individual Phases of Development it would place my
Land/Property/Home in direct conflict to any development, and would in the very least give some
explanation as to why Richmark-Varra intentionally and knowingly misrepresented material facts
during the Land Donation Agreement and subsequent Annexation and Land Development proposal
predicated on the Land Donation and whether the City of Greeley through the Greeley City Council
were aware of the misrepresentation or should have known of the material misrepresentation at the
time or by subsequent due diligence required by the Greeley City Council and/or its Agent or
whether Richmark-Varra knowingly and purposefully submitted documents of a nature rising to
criminal forgery per state statute.
It has also been discussed by Richmark-Varra as part of the overall development the widening of
the roadway along E 16th Street. Such widening would require my Land/Property/Home to be
taken or the removal and relocation of graves along the Southern RoW within the City of Greeley
owned and operated Lynn Grove Cemetery. For the most immediate purposes acquiring my
Land/Property/Home would be less controversial than the disinterment and removal of existing
graves by the City of Greeley for development in partnership with the City of Greeley.
It may be, and most likely will be discovered, Richmark-Varra and the City of Greeley have long-
term development plans which will only be possible after Annexation, and Annexation will only
be possible if these plans are not offered for public consumption as a much wider push -back by
either the citizens of the City of Greeley or Weld County itself.
While all future proposals are not currently available to the public, in any coming action by either
the State or by Civil means such proposals and materially important information will be
discovered, and in the discovery may very well raise pertinent questions as to the City of Greeley
materially withholding information it knows would raise the distinct likelihood of public
opposition up to and including the termination of support for any Annexation or Development
dependent upon their Tax dollars to the enrichment and benefit of a developer which has
demonstrated an utter and potentially criminal disregard to the citizens of both the City of Greeley
and Weld County and beyond.
Richmark-Varra most likely, based on the manner in which they proceeded, knew for the purpose
and intentions of avoiding their financial obligations and responsibilities in the
rehabilitation/reclamation of the Land/Property affected by their Pit Operations and subsequent
significant financial gains to be made as the Developer of Record could be significantly
jeopardized or the outright loss of these material benefits to them should they have acted in good
faith and within legal requirement(s), regarding disclosure of my Land/Property/Home located at
1321 E 16th Street, Greeley, Colorado 80631 and its true ownership in all likelihood creating,
potentially, fatal material fact ending any discussion until or unless Richmark-Varra were able to
secure the Property Rights from its lawful owner (myself, Patrick Kelley).
If Richmark-Varra felt there were any chance I, as the Land/Property/Home Owner at 1321 E 16th
Street, Greeley, Colorado 80631, may not be willing to sell my property or not at a price they were
willing to pay, determined through fraud, forgery, deception to put the City of Greeley in the
position to use the weight and the power of Government to compel me from my property was the
best option in their calculus and if the City failed in its due diligence or knew of the
deceptive/illegal acts would then make the City of Greeley and/or its Agents complicit to felonious
acts but also a conspirator to commit future felonious acts, potentially.
It cannot be reasonably argued, considering the time and process (of which I have only at the last
hour become aware of), there was unintentional or mistakes made to the City of Greeley and Weld
County Commission. Richmark-Varra did not make mistakes but consciously, willfully and
wantonly chose to commit to the material representations to its financial gain, and whether the
Greeley City Council did know or should have known. It would stand to reason based on the
manner and deceptive to criminal manner in which Richmark-Varra presented and
continued/continues to do so, regarding my property, they chose the path they have taken because
they firmly believe or believed the City of Greeley would not do its due diligence or they offered
by Colorado Statutory definition forgery for the purpose of fraud. Richmark-Varra, it would also
be reasonably seen to have made the decision if the Annexation could occur and when such
information was to come to light the City of Greeley would feel compelled to use Code
Enforcement and other Governmental Powers to disenfranchise me of my Land/Property/Home
through financial hardship, abuse, and corruption to Richmark-Varra's benefit.
Simply put. Any consideration of the Land Donation Agreement and following consideration for
Annexation and Development must be immediately terminated or stopped until such a time the
City of Greeley, Weld County and myself as the Land/Property/Home Owner located at 1321 E
16th Street, Greeley, Colorado 80631 can be satisfied even the allegation of fraud, collusion,
complicity, criminality cannot be seen to have merit. Until such time as there is no longer the real
and meaningful consideration of potentially criminal acts committed by Richmark-Varra are
addressed. All consideration or continuation of proposed Annexation/Development related to
Richmark-Varra should in the least be halted in the meantime up to and including the termination
of the Land Donation Agreement between the City of Greeley and Richmark-Varna for the
purposes of Annexation and subsequent Development.
Respectfully,
(Patrick Kelley, Property Owner, 1321 E 16th Street, Greeley, CO 80631)
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