HomeMy WebLinkAbout20160219.tiff RESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARTURO CORRAL, AKA
CORRAL ENTERPRISES, LLC
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, Weld County, on behalf of the Weld County Department of Planning Services,
filed a complaint in the Weld County Court against Defendant, Arturo Corral, AKA Corral
Enterprises, LLC, claiming that Defendant's property was in violation of the Weld County Code,
and
WHEREAS, the County Court found the Defendant's property to be in violation of the Weld
County Code; specifically, the Defendant is operating a commercial business on the property and
has not completed a Site Plan Review allowing the commercial business, and
WHEREAS, Defendant failed to bring the property into compliance with the Weld County
Code, and upon Weld County's motion, the County Court ordered Defendant to pay $100.00 for
each day that the property remained in violation of the Weld County Code, beginning on August 4,
2014, and
WHEREAS,Weld County, on behalf of the Weld County Department of Planning Services,
filed a complaint against Defendant in Weld County District Court on October 20, 2015, and upon
Weld County's motion, the County Court dismissed the County Court case on November 5, 2015,
and
WHEREAS, the Board of County Commissioners previously approved the certification of
$13,700.00 to the Weld County Treasurer for the daily penalties accruing period between
August 4, 2014, and December 19, 2014, and
WHEREAS, the Board of County Commissioners previously approved certification of
$13,800.00 to the Weld County Treasurer for the daily penalties accruing December 20, 2014,
and May 7, 2015, and
WHEREAS, the property is still in violation of the Weld County Code, and
WHEREAS, C.R.S. §30-28-124.5(1) and Section 23-10-40.A of the Weld County Code
allow the accrued daily penalties to be assessed against the property and collected as a special
assessment by the Treasurer.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, hereby approves the Certification of$18,100.00 to the Weld County Treasurer
to be collected as a special assessment for the daily violation penalty from May 8, 2015, through
November 4, 2015.
4180525 Pages: 1 of 3
02/12/2016 12:19 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111 2016-0219
PL0824
CC r, PL ?lap,
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT -ARTURO CORRAL, AKA CORRAL ENTERPRISES, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTd ` _ ' , di .� pQ,_ (AYE)
Gj.�Q��, V • Mike Freeman, Chair
Weld County Clerk to the Board
(NAY)
Sean P. Conway, Pr
D-• Clerk to the Beard (AYE)
A. Cozad
ED t:> RM: ;ttbt �,' �, i�; i (AYE)
� `� ;,.,► i►� •ara Kirkmeyer
• ty Attorney (AYE)
Steve Moreno
Date of signature: 1
4180525 Pages: 2 of 0.00
02/12/2016 12:19 PM R Fee:$ Weld County, Co
Carly Koppes, Clerk and Recorder,
VIII iG l'ky I ILI /III
2016-0219
PL0824
WELD COUNTY ATTORNEY'S OFFICE
861 1150 O STREET
, P.O. BOX 758
r �//j r`�'.. - � � GREELEY, CO 80632-0758
t� r
WEBSITE: www.co.weld.co.us
t /
ji I' PHONE: (970) 336-7235
COUNTY - FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Arturo Corral December 29,2015
35494 CR 43
Eaton,CO 80615
Mr. Corral
This letter is to provide you with notice of Weld County's intent to certify certain liens on your property
to the Weld County Treasurer. As you know,the County Court found your property to be in violation
of the Weld County Code.
On August 4, 2014, the Court granted the County's Motion for Daily Penalties, finding that your
property was still in violation of the Weld County Code and ordered you to pay a daily penalty of
$100.00, beginning on August 4, 2014,and continuing until the zoning violation is removed from the
property. On November 5,2015,upon Motion of Weld County,the County Court case was dismissed
so that a District Court case could be filed,however,the property remains out of compliance and daily
penalties continued to accrue until November 5, 2015. Upon information and belief, the zoning
violation still exists on your property.
At a public hearing on January 19, 2015 the Weld County Board of County Commissioners certified
liens in the amount of$13,700.00 against your property for the period between August 4, 2014 and
December 19, 2014. At a public hearing on June 8, 2015, the Weld County Board of County
Commissioners certified liens in the amount of $13,800.00 against your property for the period
between December 20,2014 and May 7,2015.
At a nubile hearing on Monday,January 18,2016,at 9:00 a.m.,the Weld County Board of County
Commissioners will determine whether to certify the continuing daily penalties for the period between
May 8, 2015 and November 4,2015. This period totals 181 days and $18,100.00. The total requested
at the hearing will be$18,100.00. Such lien would have priority over all other security interests,except
for taxes. In addition to the $18,100.00, the Weld County Treasurer's fee may increase the lien as
permitted by law. You may avoid this hearing and the Treasurer's fee by paying the full amount to
Weld County prior to the hearing. Alternative arrangements may be made by contacting Bethany
Pascoe at(970)353-6100 extension 3555. Please feel free to contact me with any questions.
Resp ctfully,
aria McDougal
Assistant Weld County Attorney
4180525 Pages: 3 of 3 2016-0219
02/12/2016 12:19 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, Co
"Ill
COUNTY COURT,WELD COUNTY, COLORADO
Court Address: 915 10`"Street, Greeley, CO 80631
Mailing address: P O Box 2038, Greeley CO
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO,
Plaintiff,
V.
♦ COURT USE ONLY
ARTURO CORRAL AKA CORRAL ENTERPRISES LLC,
Case Number: 12-C- Div C
Defendants.
SUMMONS
To the above named defendants: Take notice that
1. On December 3, 2012, at 9:30 o'clock A.M., in the Weld County Court, Greeley, Colorado, if an answer is not
filed, the court may be asked to enter judgment against you as set forth in the complaint.
2. A copy of the complaint against you and an answer form which you must use if you file an answer are attached.
You will be served with a copy of a blank form which you must use If(1)you have filed an Answer, (2)decide to
request a hearing, and (3)wish to call witness and present documentary evidence.
3. If you do not agree with the complaint, then you must either:
a. Go to the court, located at 915 Tenth Street, Greeley. Colorado, at the above date and time and file the
answer stating any legal reason you have why judgment should not be entered against you, or
b. File the answer with the court before that date and time.
4. When you file your answer, you must pay a filing fee of$75.00 to the Clerk of the Court.
5. If you file an answer, you must give or mail a copy to the Plaintiff or the attorney who signed the complaint.
6. If you do not file an answer, then the court may enter a default judgment against you for the relief requested in
1 9 9
the complaint.
7. If you want to file an answer and you are indigent, you must appear at the above date and time, fill out a
financial affidavit, and ask the court to waive the fee.
Dated at � , Colorado, this /9-Tay of fiC'ttee-1/20/4,3 .
Bob Choate,Attorney for Plaintiff
1150"O" Street
P.O. Box 758
Greeley, CO 80632
Telephone Number(970) 336-7235
This summons is issued pursuant to Rule 303, Rules of County Court Civil Procedure, as amended. A copy of the
complaint together with a blank answer form must be served with this summons. This form should not be used
where service by publication is desired. •
WARNING: ALL FEES ARE NON-REFUNDABLE.
COUNTY COURT, WELD COUNTY, COLORADO
CourtAdch'esc 915 Tenth Street,P.O. Ban 2038,
Greeley, Colorado 80632
Phone Number: (970) 351-7300
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Pl aintiff,
v.
ARTURO CORRAL
AKA CORRAL ENTERPRISES LLC, O FOR COURT USE ONLY O
Defendants.
Bob Choate,Assistant Weld County Attorney
1150 "a' Street
P.O. Box 758
Greeley, CO 80632 Case Number:
Division:
Phone Number: (970) 336-7235
Fax Number: (970) 352-0242
E-Mail: bchoate@co.weld.co.us
Attorney Registration #40588
COMPLAINT UNDER SIMPLIFIED CIVIL PRO C FDURE
COMES NOW the Plaintiff, by and through its attorney, the Assistant of Bruce T. Barker, Weld
County Attorney, below-named, and for its Complaint against Defendants
ARTURO CORRAL AKA CORRAL ENTERPRISES, LLC, and alleges as follows:
1. ARTURO CORRAL AKA CORRAL ENTERPRISES, LLC, Defendants with post office address of
7719 W 11 ST, City of GREELEY, State of CO.
2. The amount claimed herein does not exceed the jurisdiction of the court.
3. This action is brought pursuant to C.R.S. Sec. 30-28-124.5 and Section 23-10-40 of the Weld
County Code, to enforce the Weld County Code Zoning provisions through the imposition of Civil
Penalties in an amount of NOT LESS THAN $25.00 and NOT MORE THAN $1,000.00. Each day after
the issuance of the order of the Court, that the unlawful activity described below continues shall be
deemed a separate violation, and shall be subject to an ADDITIONAL Civil Penalty of NOT MORE
THAN $100.00 for each such day.
4. Defendants own or occupy property located in Weld County Colorado, which is described as set
forth in Exhibit A, a copy of which is attached hereto and made a part thereof.
5. Plaintiffs claim arises from the following condition(s) or activities which exist on Defendants'
property:
•
Chapter 23,Article 0(2), Division 3 of Section 23-2-150.C and Chapter 23,Article 111(3), Division 3 of Sections
23-3-230 C-3,23-3-230.B, 23-3-230.6.4, 23-3-230.B.10 and 23-3-230.8.11 of the Weld County Code.
In order to operate a commercial business or to store commercial vehicles or supplies, a Site Plan Review(SPR)
application is required to be submitted and recorded, if approved.
•
6. The Defendants are not in the military service of the United States. In support of this
statement, the Plaintiff sets forth the following facts:
Bethany Salzman, Zoning Compliance Officer, indicates that she spoke to Mr. Corral over the
phone and he did not indicate any military affiliation.
7. No jury trial is allowed under the Colorado Rules of Civil Procedure, nor by Statute for this case.
violation has cured or otherwise removed at least five (5)8. If the Weld County zoning code iolat�o been
days before the appearance date set forth on the Summons, the County Attorney shall inform
the Court and shall request that that action be dismissed without penalty or appearance of the
Defendant.
WARNING: ALL FEES ARE NON-REFUNDABLE.
BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD, STATE OF
COLORADO, Plaintiff
ADDRESS OF PLAINTIFF: BRUCE T. BARKER
1150 "O" Street WELD COUNTY ATTORNEY
P.O. Box 758
Greeley, CO 80631
By:
BOB CHOATE # 40588
Assistant Weld County Attorney
•
{
EXHIBIT "A"
WARRANTY DEED
This Deed,made October 31,2011
Between the Dale L.Majors Family Trust dated November 10,2009 of the County Weld,State of
COLORADO,grantor(s)and
Corral Enterprises,LLC,a Colorado limited liability company, whose legal address is 7719 W.
I le Street,Greeley,CO 80634 County of Weld,and State of COLORADO,grantee.
WITNESS,That the grantor,for and in the consideration of the sum of TWO HUNDRED SIXTY THOUSAND
DOLLARS AND NO/100'S($260,000.00)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 confirm,unto the
grantee,their heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in
the County of Weld,State of COLORADO described as follows:
See Exhibit A attached hereto and made a part hereof.
also known by street and number as 127, 131,207 E. 18th Street,Greeley,CO 80631
TOGETHER with all and singular hereditamants and appurtenances,thereunto belonging,or in anywise appertaining,
and the reversion and reversions,remainder and remainders,rents issues and profits thereof,end 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 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 fcc 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 fanner and other grants,
bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind of nature so ever,except for
taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by
reference to recorded documents as reflected in the Tine Documents accepted by Buyer in accordance with
section 8.1(Title Review)of the contract dated August 23.2011.between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the
whole or any pan 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 WITNESS WHEREOF,the grantor has executed this on the date set forth above.
SELLER:
the Dale L.Majors Family Trust dated November 10,
2009
S
Evelyn ajors,Co•Trn
s
Dianne Elizabeth inn !man,Co-Trust
STATE OF COLORADO }ss:
COUNTY OF WELD
The foregoing instrument was acknowledged,subscribed and sworn to before me October 31,2011 by Evelyn E.Majors
and Dianne Elizabeth Engelman,Co-Trustees of the Dale L-Majors Family Trust dated November 10,2009.
Witness my hand and official seal,
t
ZANY pU�!`n , c
„ 1. Notary Public
i MEUNDA ` t' My Commission expires:
6UALANDRI '
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Wdoeq, lit91A.
•.... . •••�lP ESCROW NO.454.50316495.051-MC4
tikj OF
Mr Camrrssks
rnx'ca, jrMc:
All that part of Lot 6 of the NW%of the SW'4 of Section 9,Township 5 North,Range 65 West of the 6i°P.M.,County of Weld,
State of Colorado,according to the subdivision of lands by the Union Colony of Colorado,more particu I arly described as follows:
Beginning at the Southwest corner of said Lot 6;
Thence Easterly along the South line of said Lot a distance of 310 feet;
Thence Northerly parallel to the East line of Lot 6 a distance of 282 feet;
Thence Westerly parallel to the South line of said Lot to a point on the West line of said Lot 6,282 feet distance from the Point of
Beginning;
Thence Southerly along the West line of said Lot 6 a distance of 282 feet to the PLACE OF BEGINNING;
EXCEPT Right of Way as conveyed by Deed recorded in Book 187,Page 276,Weld County Records.
EXCEPT a parcel of land as conveyed by deed recorded in Book 1392,Page 197,Weld County Records.
EXCEPT any portion thereof lying within the land conveyed by Quit Claim Deed recorded July 12,1985 at Reception Number
2016914.
PARCEL TWO:
All that part of Lot 6 of the NW'J.of the SW''4 of Section 9,Township S North,Range 65 West of the 6i°P.M.,County of Weld,
State of Colorado,according to the subdivision of lands by the Union Colony of Colorado,more particularly described as follows:
Beginning at a point on the North right of way line of U.S.Highway No.34,90 feet East measured along said North right of way
line from the West line of said Lot 6;
Thence North along a line parallel to the West line of said Lot 6, 100 feet;
Thence East along a line parallel to the North right of way line of U.S.Highway No.34,150 feet;
Thence South along a line parallel to the West line of said Lot 6,100 feet to the North right of way tine of U.S. Highway No.34,
Thence West along said North line of U.S.Highway No.34, 150 feet to the PLACE OF BEGINNING,
EXCEPT Right of Way as conveyed by Deed recorded in Book 187,Page 276,Weld County Records.
Esther Gesick
From: Esther Gesick
Sent: Tuesday, January 26, 2016 2:56 PM
To: jeff@engelman.net
Cc: Jennifer Fuller; CTB; Karin McDougal; Frank Haug; Bethany Pascoe
Subject: RE: Resolution 2016-0219 (Arturo Corral, AKA Corral Enterprises, LLC)
Attachments: RE160219.docx
Mr. Engelman,
We are still in the process of completing the Minutes from that meeting and have not sent the Resolutions out for
signature; however, I have attached the approved Resolution for your review. If you have any questions, I have also
copied the Assistant County Attorneys (Karin McDougal and Frank Haug) and Zoning Compliance Officer(Bethany
Pascoe) who can assist. Please let me know if you need anything further.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street/P.O. Box 758/Greeley, CO 80632
tel: (970)336-7215 X4226
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please
immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From:Jennifer Fuller
Sent: Monday,January 25, 2016 8:24 AM
To: CTB<CTB@co.weld.co.us>
Cc:jeff@engelman.net
Subject: FW: Resolution 2016-0219
Clerks,
Please assist Mr. Engelman with a copy of the Resolution he's requesting.
Thank you.
Jenny Fuller
::Office Manager, Board of Weld County Commissioners::
::970.336.7204::jfuller(@.co.weld.co.us::www.weldgov.com
:: 1150 O Street, P.O. Box 758, Greeley, Colorado 80631 ::
t ysttxf
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected from disclosure.If you have received this communication
1
n error,please imrnediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any
action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
From:Jeff Engelman [mailto:ieff@engelman.net]
Sent:Sunday,January 24, 2016 10:40 AM
To:Jennifer Fuller<ifuller@co.weld.co.us>
Subject: Resolution 2016-0219
Hello Jenny,
i
The minutes of the January 18, 2016 commissioner meeting listed this resolution:
15) Approve Certification to Weld County Treasurer of Zoning Violation
Penalties as Special Assessment - Arturo Corral, AKA Corral Enterprises, LLC
[2016-0219]
If possible, I would appreciate receiving a copy of the resolution. If it's the property on
East 18th Street, then we're the current lien holder on this property.
Thanks,
-Jeff
2
Hello