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On October 31st, 2012 - see below a survey made of Cassino's 45 acres containing one 40.9 acre parcel with home and an adjoining vacant 5.1 acre parcel by Evergreen Surveying, Inc. . It showed Marc and Leigh Ann Jordan's home was partly on the north property line of the 5.1 vacant acre parcel where a 30 foot setback is required (picture below). This happens to be the best location for a mountain view from the parcel..This fact has since been verified by Jefferson County Planning & Zoning.
Evergreen Surverying, Inc. 6949 HWY 73, Suite MW-3, POB 3514, Evergreen, CO 80439, 303-674-3444. 303-674-1348 fax, [email protected] owner Bob Feroldi
UPDATE: September 20-26, 2016 - after 4 years since discovery this case was resolved with a settlement agreement out of court finally. Now the Jordan's and their builder need to complete a 'Minor Adjustment' which per experience of Cassino's Keller Williams broker could take 9-12 months! - we hope not........ the minor adjustment will divide Cassino's 5.1 acres into 2 parcels;
1 - .4 acre parcel the Jordan's/their builder are buying to resolve their encroachment problem.
2 - 4.7 acre parcel that will be a legal buildable home site. However since the site will be less than 5.0 acres for a building site - when the minor adjustment is finalized and recorded per the settlement agreement - Cassino needs a letter from Jefferson County Planning and Zoning stating that the 4.7 acre parcel is a legal home site with full legal access to the county maintained S. Wamblee Valley Road for finance and insurance purposes.
Evergreen Surverying, Inc. 6949 HWY 73, Suite MW-3, POB 3514, Evergreen, CO 80439, 303-674-3444. 303-674-1348 fax, [email protected] owner Bob Feroldi
UPDATE: September 20-26, 2016 - after 4 years since discovery this case was resolved with a settlement agreement out of court finally. Now the Jordan's and their builder need to complete a 'Minor Adjustment' which per experience of Cassino's Keller Williams broker could take 9-12 months! - we hope not........ the minor adjustment will divide Cassino's 5.1 acres into 2 parcels;
1 - .4 acre parcel the Jordan's/their builder are buying to resolve their encroachment problem.
2 - 4.7 acre parcel that will be a legal buildable home site. However since the site will be less than 5.0 acres for a building site - when the minor adjustment is finalized and recorded per the settlement agreement - Cassino needs a letter from Jefferson County Planning and Zoning stating that the 4.7 acre parcel is a legal home site with full legal access to the county maintained S. Wamblee Valley Road for finance and insurance purposes.
Below is the West side of the home looking East - the red line show the 10-15 feet of the South side of the home encroaching on Cassino's property plus there is a 30 foot setback required.
UPDATE: September 2021 - After working with 4 different lenders the last 2 years all declining to loan due to being spooked because of their title insurance company concerns, Cassino is now working with a local lender Universal Lending in Denver that knows what to record in the land records to solve their title insurance company requirements to resolve encroachment. Expect to close as of January 17 in February or March 2022.
UPDATE: May 7, 2019 - Chase finally maybe cooperating instead of delaying as they have the last 8 years after they discovered Jordan's encroachment 10/31/2019 and did nothing about it till now as Cassino is working with several lenders to do a loan paying off judgment and mortgage balance, since judge in quiet title case trial 11/13-15/2018 decided that USBank really owns Cassino's mortgage - not Chase who now has a P.O.A. from USBank for payoff and Chase is servicer only. Maybe Chase will cooperate with the payoff Cassino is arranging where Parcel 2 vacant 5.1 acres is not on the new mortgage/deed of trust so that Cassino can finally sell Jordan's .4 acres of it to solve encroachment problem for all concerned.
UPDATE: March 15, 2019 - two and a half years later from last update - the minor adjustment is complete except for Chase's recognition of their problem in not releasing the lien on just .4 acres to finally resolve this problem which caused the breach of their illegal settlement agreement 2013 with Cassino where they did not pay half the minor adjustment or subdivision underway 2017.
UPDATE: May 7, 2019 - Chase finally maybe cooperating instead of delaying as they have the last 8 years after they discovered Jordan's encroachment 10/31/2019 and did nothing about it till now as Cassino is working with several lenders to do a loan paying off judgment and mortgage balance, since judge in quiet title case trial 11/13-15/2018 decided that USBank really owns Cassino's mortgage - not Chase who now has a P.O.A. from USBank for payoff and Chase is servicer only. Maybe Chase will cooperate with the payoff Cassino is arranging where Parcel 2 vacant 5.1 acres is not on the new mortgage/deed of trust so that Cassino can finally sell Jordan's .4 acres of it to solve encroachment problem for all concerned.
UPDATE: March 15, 2019 - two and a half years later from last update - the minor adjustment is complete except for Chase's recognition of their problem in not releasing the lien on just .4 acres to finally resolve this problem which caused the breach of their illegal settlement agreement 2013 with Cassino where they did not pay half the minor adjustment or subdivision underway 2017.