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HomeMy WebLinkAbout20111470.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1100046 AGAINST ANDREW AND JUDITH BLAKEMORE FOR VIOLATION OF THE WELD COUNTY CODE 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, Andrew and Judith Blakemore, ZCV #1100046, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 14th day of June, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Andrew Blakemore, property owner, was 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 July 14, 2011, to allow adequate time for the property owners to relocate all business equipment and operations to a commercial site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #1100046 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Andrew and Judith Blakemore to remedy the violation of the Weld County Code, 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 July 14, 2011, to allow adequate time for the property owners to relocate all business equipment and operations to a commercial site. PL VID\ 2011-1470 . - I PL0824 VIOLATIONS - ZCV#1100046 - BLAKEMORE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST, � / E % g4(VJdi� (� f/iLA ,y ♦ Barbara •rk air Weld County Clerk tot IS. J.,: 4t (;2® W •a / Sean2t' (' Co . , Pro- m BY: Deputy Clerk to the Boar - W .i( ZOL•C Willi F. Garcia APP E ORM: cas i € avid E. Lo� County Attorney sirs Dougl Radem her Date of signature: 07GVE ddd 2011-1470 PL0824 tom, faiyiss Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV11-00046 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 17360 DOVE CIR BLAKEMORE ANDREW&JUDITH Mailing Address: 17360 DOVE CIRCLE FORT LUPTON, CO 80621 PARCEL: 147112303008-R7409498 Acreage: 2.98 Legal Description: BRE L8 BLK3 BUFFALO RIDGE ESTATES LOCATION: Location: East of and adjacent to CR 35 and North of and adjacent to CR 10 North: Agriculturally zoned properties and approximately and approximately 1 Mile South of Hwy 52 South: North of and adjacent to Martin Subdivision (Agriculture), Sunny Acres (Agriculture) and Agriculturally zoned Properties East: Agriculturally zoned properties West: Agriculturally zoned properties NOTIFICATION INFORMATION: Certified Date 05/16/2011 Certified Reference Number 7010 1870 0000 4773 9462 Certified Receipt Date 05/19/2011 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 5 E(Estate)Zone District 23-3-410 Uses allowed by right. 23-3-420 Accessory uses. 23-3-420.G Parking and operation of one(1) commercial vehicle from the property, provided that such parking and operation are permitted through Section 23-4-950 of this Chapter. VIOLATION REMEDY: As we discussed on April 12, 2011, the Weld County Code allows a property owner in an Estate Zoned Subdivision, to apply for 1 (one) COMMERCIAL VEHICLE to be situated on the property. All other Commercial Vehicles shall be removed from the property. My records indicate that I previously sent this application (Zoning Permit for a Commercial Vehicle-ZPCV) with my initial letter. It is my understanding that you are in the process of locating an actual commercial property for this type of use. Additionally, as we discussed, if the property is brought into compliance prior to June 13, 2011 and evidence submitted validating the new storage and operation location, the above referenced hearing will be cancelled. RECOMMENDATION: The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. f fir ems, mot Planning Department ZONING VIOLATION CASE SUMMARY WORKFLOW SUMMARY: Case Initiation 04/04/2011 Initiated Violation 04/04/2011 5 Day Letter Violation 04/12/2011 Violation Notice Violation 05/16/2011 Hearing Notification OTHER CASE HISTORY: 03/29/2011 E-mail received From: webmaster@co.weld.co.us [mailto:webmaster@co.weld.co.us] Sent: Tuesday, March 29, 2011 8:26 AM To: Bethany Salzman; asiron@co.weld.co.us Cc: Wendi Inloes Subject: Online Code Complaint Online Complaint submitted March 29, 2011 Name of Complainant: xxxx Address of Complainant: Fort Lupton CO 80621 Email Address: xxxx Complainant Phone: 303 xxxx Address of Alleged Violation: 17360 Dove Cir Fort Lupton CO 80621 Nature of the Alleged Violation: tractor/trailers on the premises which have been conveyed to the HOA Board of directors as being used in the operation of a business. The HOA has asked that the vehicles be removed with no response. How are Your/Your Property Impacted by this Alleged Violation?The presents of the vehicles degrades neighborhood housing values and is a violation of the HOA covenants and Weld County zoning laws. Where is Your Property in Relation to the Alleged Violation: xxxxxxxx Have You Discussed Your Concerns With the Property Occupant?A meeting with the HOA Board of directors was held and a response letter was sent to the residence asking that the trailers be removed. No response was received. If Not, Please Explain Why? Are You in a Subdivision Which has Covenants that Prohibit the Activity?Yes Have You Contacted the Homeowners Association? Yes May we contact you?Yes Oict-46; te\ fin„,„ Planning Department ZONING VIOLATION CASE SUMMARY 04/11/2011 Phone call Andrew Blakemore (720-854-8464) called and asked to schedule an office meeting for Tuesday, April 12, 2011 at 11:00. It was scheduled. 04/12/2011 Office visit **SEE DOCUMENTS**labeled"Blakemore timeline" under M:\Compliance\Zoning\Pictures\2011\11-00046 Andrew& Mark Blakemore came to the Greeley Planning Office. They advised that they are indeed running a commercial trucking operation (both doing mechanical work and commercial truck driving). They indicated this is strictly a temporary site. They provided me with a timeline that they put together for the Buffalo Ridge HOA back in December 2010. I reviewed the time line and advised them that my next step would be to send a 30 day Violation Notification. This would take the case out to mid May. I then advised them that we only conduct violation hearings on the second Tuesday of each month. Therefore, they would be scheduled for a Violation Hearing on June 14, 2011. I advised them if all commercial activities (storage, repair, operations, etc)were removed prior to June 13, 2011, the Violation Hearing would be cancelled. I explained in the worst case scenario, if they needed more time, I highly recommended they attend the Violation Hearing to request additional time directly from the Board of County Commissioners. I explained they are very reasonable and would more than likely agree to a short extension. They said they understood and would keep me advised of any progress. INSPECTION SUMMARY: Zoning Code Inspection 03/31/2011 Noncompliance Bethany Salzman Inspection Result Comment Upon a visual inspection of the property, the following items were noted: there were at least 2 commercial vehicles present. No pictures were taken during this inspection. DEPARTMEN i OF PLANNING SERVICES jce, ( Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us Wilge E-MAIL: bsalzman@co.weld.co.us FAX: 970-3 4649ONE: 38100 X 3555 COLORADO May 16, 2011 BLAKEMORE ANDREW & JUDITH 17360 DOVE CIRCLE FORT LUPTON, CO 80621 Zoning Violation Case: ZCV11-00046 Situs Address: 17360 DOVE CIR Legal Description: BRE L8 BLK3 BUFFALO RIDGE ESTATES Dear Blakemore Andrew& Judith: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 06/14/2011 at 10:00 AM . The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23,Article 111(3), Division 5 E(Estate) Zone District 23-3-410 Uses allowed by right. 23-3-420 Accessory uses. 23-3-420.G Parking and operation of one (1) commercial vehicle from the property, provided that such parking and operation are permitted through Section 23-4-950 of this Chapter. To bring your property into compliance with the Weld County Code: As we discussed on April 12, 2011, the Weld County Code allows a property owner in an Estate Zoned Subdivision, to apply for 1 (one) COMMERCIAL VEHICLE to be situated on the property. All other Commercial Vehicles shall be removed from the property. My records indicate that I previously sent this application (Zoning Permit for a Commercial Vehicle-ZPCV) with my initial letter. It is my understanding that you are in the process of locating an actual commercial property for this type of use. Additionally, as we discussed, if the property is brought into compliance prior to June 13, 2011 and evidence submitted validating the new storage and operation location, the above referenced hearing will be cancelled. Page 1 of 2 Report ID: CODE000023v002 Print Date-Time: 5/16(2011 8:34:14AM DEPARTMEN I OF PLANNING SERVICES (eieffolt Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us illip E-MAIL: bsalzman@co.weld.co.us PHONE:C. FAX: 970-304-64986 100 X 3555 COLORADO This hearing will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th 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. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned violation hearing date. The Department of Planning Services staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal actions to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. D C d N\ co ; 0)• v ° ( co o 0 d Sincer4e) a C o r z 0 r Sincerely,,„,y },3.,,,, ❑ ❑ a ❑ ❑ o y o U , . . ,_ -„ ti, 3 'di Bethany Salzman s • 2 N en "' a m °EC cc Li e ni Zoning Compliance Officer II o t• _ >- ❑ ❑ ❑ - File: ZCV11-00046 H , - `j c.` °- y ‘,.k., a.� , • 9T aw .� " ' m = '. mr _ cc mo2 � o r. -8\ � '. oen ' 0yv v r` U.S. Postal Service M 0 n- •I d w = a CERTIFIED MAIL RECEIPT - st Lh } cad)3( o o ED m jj (Domestic Mall Only;No Insurance Coverage Provided) o a X m ° " ' o tleltvery int rmati.nv(slt.urwe•sneet www.us•s.c•ny> C EE Er ofal w 'o al _r rR E N 0 Postage $ n h ' -)' O ° J Certified Fee C Return Receipt Fee Postmark V N'0 p- V\ j r CI (Enforcement Required) -iti Hero N Q to N v o`. t V , Restricted Delivery Fee rn M Z`d tf°i E tr �• v C (Endorsement Required) _ P > m ,Ti �j r- F to N co el N �� v N W Total Postage 8 Fees $ IW. N°U =« LI ) ca m ra W Pm ml ° et g S v Srnr To :t y C m. -2 Itt ti cn '8/.-6.AAr.No.: �J ' �.. . �1.'-�d_:�:a... _ c• c m w v .� n E '_. or PO Box No. -yr, - V .,�, j 3 L e Crty State.LP+4 d V T m t.- C y Z v coE [ L U o (� p E ca SF rm 381. n.Aueust2 I r. JSee ¢verse)) NnslNtli_oe. W O m 0- y< o ct f t tl n ■ ■ • ru a_ Page 2 of 2 Report ID: CODE000023v002 Print Date-Time: 5/16/2011 8.34:14AM DEPARTMEN I OF PLANNING SERVICES a Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us ip E-MAIL: bsalzman@co.weld.co.us C. 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO April 12, 2011 BLAKEMORE ANDREW&JUDITH 17360 DOVE CIRCLE • FORT LUPTON,CO 80621 Zoning Violation Case: ZCV11-00046 Legal Description: BRE L8 BLK3 BUFFALO RIDGE ESTATES Situs Address: 17360 DOVE CIR Dear Blakemore Andrew&Judith: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article 111(3), Division 5 E(Estate)Zone District 23-3-410 Uses allowed by right. 23-3-420 Accessory uses. 23-3-420.G Parking and operation of one (1) commercial vehicle from the property, provided that such parking and operation are permitted through Section 23-4-950 of this Chapter. To bring your property into compliance with the Weld County Code: As we discussed the Weld County Code allows a property owner in an Estate Zoned Subdivision,to apply for 1 (one) COMMERCIAL VEHICLE to be situated on the property. All other Commercial Vehicles shall be removed from the property. My records indicate that I previously sent this application (Zoning Permit for a Commercial Vehicle-ZPCV)with my initial letter. It is my understanding that you are in the process of locating an actual commercial property for this type of use. Hopefully this 30 (thirty) day letter grants enough time for this to occur. 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 05/12/2011 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 useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 4/12/2011 3:40:52PM DEPARTMEN I OF PLANNING SERVICES 61, -6--te\ Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us WIlD E-MAIL: bsalzman@co.weld.co.us e PHONE:970-304-6498970-353-6100 X 3555 FAX: COLORADO Sincerely, Bethany Salzma Zoning Compliance Officer II File: ZCV11-00046 Page 2 of 2 Report ID: CODE000021 v002 Print Date-Time: 4/12/2011 3:40:52PM Thunder Transportation Proposal By Andrew Blakemore Here is a basic overview of what goals and guidelines, we are trying to accomplish by the start of summer of 2011.This is a temporary set up and is 100%not intended to be permanent by any means at all. Guidelines *There will be no more then 3 tractor/trailers in the yard at one time. *The rig's will be required to be parked towards the back of the shop in a neat line to be more out of sight and in a presentable row. *All of the trucks and trailers are being equipped with the new quietest mufflers on the market to make less of a disturbance for everyone. *The trucks will not be traveling in the neighborhood between the hours of 1 am to 5am *The work preformed on the tractors will be done inside 90% or more of the time,but the trailers are to tall to fit in the shop, so 98%of their work is just basic maintenance done in a quickly manner. *We do have a temporary trailer for quick storage that will go with the company when it changes locations to its permanent location Goals These are basic goals and we are hoping all these goal dates are obtained much sooner, but I want to be realistic and as honest as I can be. These companies can be very profitable and I believe that we should obtain all this goals by June of 2011. *By Feb 1, 2011 we will have the entire yard cleaned up and organized and all the old junk cars will be gone and any vehicle and trailer will have current insurance and registration on them. *By May 1, 2011 we should be able to start shopping around for a new building and yard to place all of our company's vehicles and do 100%of our business out of that location. I believe this process might take up to a couple months to find a location and be all moved out of our residence. *By July 31, 2011 we will the company completely moved out of the Dove Cir address and have it where it is just a residence with no company equipment at all. I do believe that these timelines are very achievable with the proposed contracts we are already in the process of obtaining. Our drivers are very experienced and extremely respectful and will fully cooperate with everyone's proposed plan. I do want to be notified immediately if there are any concerns or issues with any of our people or any questions that come up. I do totally understand the county does not approve of this and we are in no way holding the county or the Buffalo Ridge HOA responsible for allowing us a temporary solution for our situation. Thank you so much for your time and effort. Andrew and Mark Blakemore (720)-938-6937 Personal cell and(720)454-8464 business cell and(303)-857-3965 home phone 12/19/2010 DEPARTMENT OF PLANNING SERVICES (litsZti;;;\\\ Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us IE-MAIL: bsalzman@co.weld.co.us PHONE:0 FAX: 970-304-6498 3 100 X 3555 C FAX: COLORADO April 4, 2011 BLAKEMORE ANDREW&JUDITH 17360 DOVE CIRCLE FORT LUPTON,CO 80621 Zoning Violation Case: ZCV11-00046 Situs Address: 17360 DOVE CIR Legal Description: BRE L8 BLK3 BUFFALO RIDGE ESTATES Dear Blakemore Andrew& Judith: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s)with the Weld County Code are as follow: The Weld County Code allows a property owner in an Estate Zoned Subdivision, to apply for 1 (one) COMMERCIAL VEHICLE to be situated on the property. All other Commercial Vehicles shall be removed from the property. Please see the enclosed Zoning Permit for Commercial Vehicle (ZPCV). This application will be sent to all surrounding property owners within 500 feet and any existing Home Owners Associations for comment. If 30% opposition in received from surrounding property owners or if an HOA recommends denial, the case can be pursued at your request before the Board of County Commissioners for final determination. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer II File: ZCV11-00046 Page 1 of 1 Report ID: CODE000022v003 Print Date-Time: 4/4/2011 11:52:26AM Print Form i ZONING PERMIT COMMERCIAL VEHICLE (ZPCV) sumnirrAL CHECKLIST APPLICATION REQUIREMENTS: One original application form plus two copies One original drawing plus two copies. A scaled drawing of the property (1"=50') needs to show where the proposed commercial vehicle will be parked on the property. Include distances between the property lot lines and proposed accessory structure and all other existing structures on the property; access to the property (indicate whether it is existing or proposed); County, State, or Federal road rights-of-way; amount of road frontages; location and measurements of any easements; and any proposed structures to be located on the property. One original Weld County Road Access Permit Application Form plus one copy One original questionnaire plus two copies One copy of deed or legal instrument identifying applicant's interest in the property. Copy of recorded instruments may be obtained from Weld County Clerk and Recorder's Office or a title or abstract company. One copy of affidavit and certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate)within 500 feet of property being considered. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website, www.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more than thirty days prior to the date the application is submitted to the Department of Planning Services. Applicatio fee$75.00 $37.50 investigation fee. If there is an associated violation which has been presented to the Board of County Commissioners through the Violation Hearing process, the investigation fee shall be fifty percent of the fee established by separate action by the Board of County Commissioners for land-use applications shall be assessed. The payment of such investigation fee shall not relieve any persons from fully complying with the requirements of the Weld County Code, nor from any other penalties. One each of the application and scaled drawing shall be collated into two complete application packets and bound with binder clips or paper clips only. The original copies shall be placed in one packet (includes additional items below if applicable). Applications bound in any other fashion than binder or paper clip will be returned to the applicant without review.Additional required information shall be kept separate to be collated by Planning Staff. The Department of Planning Services may request additional information, application packets and/or fees that will aid in the review of the Zoning Permit application. Updated 07-15-10 _1_ Identify Results Page I of 2 WELD COUNTY ASSESSOR C���V II `l CJ� PROPERTY PROFILE Account#: R7409498 Parcel#: 147112303008 Tax Area: 2240 Bordering County: Acres: 2.982 Township_Range_Section Quart. Sec. Subdivison Name Block# Lot# 01 - 66 - 12 - 3 BUFFALO RIDGE ESTATES - 3 - 8 Owners Name & Address: Proprty_Address_:_ BLAKEMORE ANDREW Street: 17360 DOVE CIR WELD 17360 DOVE CIRCLE City: WELD FORT LUPTON, CO 80621 Additional Owners: BLAKEMORE JUDITH Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception_# 10/3/2008 $210,000 SWD 3584015 Legal Description BRE L8 BLK3 BUFFALO RIDGE ESTATES Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $65,000 $5,170 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $190,016 $15,130 Total Property Value $255,016 $20,300 Building Details Account#: R7409498 Parcel#: 147112303008 Owners Name &Address: Property Address: BLAKEMORE ANDREW Street: 17360 DOVE CIR WELD 17360 DOVE CIRCLE City: WELD FORT LUPTON, CO 80621 Building# Property Type 1 Residential http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1471 1... 3/29/201 l Identify Results Page 2 of 2 Individual Built As Detail Built As: Modular Year Built: 2001 Exterior: Frame Aluminum HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 1440 #of Baths: 2 Roof Type: Gable #of Bdrms: 3 Roof Cover: Composition Shingle of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 576 Detached SQ Ft 0 Basement: Total SQ Ft: 1440 Finished SQ Ft: 0 Account#: R7409498 Parcel#: 147112303008 Owners Name&Address: Property Address: BLAKEMORE ANDREW Street: 17360 DOVE CIR WELD 17360 DOVE CIRCLE City: WELD FORT LUPTON, CO 80621 Building* Property Type 2 Out Building Individual Built As Detail Built As: Equipment Building Year Built: 2008 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3200 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14711... 3/29/2011 • eRecorded in a County, CO Doc Id:3584015 10/14/2008 09:01 A Receipt#: 7381811 Page: 1 of 2 Total Fee: $32.00 • Steve Moreno, Clerk and Recorder • • • SPECIAL WARRANTY DEED The Bank of New York Mellon,(Ada The Bank of New Yorlt,es Trostae for BS ALT A 2005-9 having an address at c/o. • Premiere Asset Services,8480 Stagecoach Circle,Frederick,Maryland 21701("Grantor"),for and in consideration of the sum of Two Hundred Ten Thousand and 001100(3210,000.00), and other good and valuable consideration In band paid to Grantor herein by ANDREW BLAKEMORE and JUDITH BLAICEMORE, having an address of 17360 DOVE CIRCLE,FORT LUPTON,COLORADO 80621,("Grantee(s)"l receipt of which is hereby acknowledged and confessed; hos GRANTED,SOLD AND CONVEYED,and by these presents does GRANT,SELL AND CONVEY unto Grantee(s) all of the following real property("Property"),described as follows: LOT 8,BLOCK 3,BUFFALO RIDGE ESTATES,COUNTY OF WELD,STATE OF COLORADO which has a area address of.17360 DOVE CIRCLE,FORT LUPTON,COLORADO 80621. . This CONVEYANCE IS MADE BY THE GRANTOR SUBJECT TO THE FOLLOWING EXCEPTIONS: (a) Discrepancies,conflict in boundary lines shortage in area and encroachments which would be disclosed through a coma and proper survey or physical inspection of the Property. (b) Any and all covenants,conditions,casements,reservations,rights of way and restrictions afflicting the Property as evidenced by instruments filed in the pubic records of the county wherein the Property is located. (c) Any water rights,claims or title to water,in,on or under the land,or ditches or ditch rights,water share,water stock,whether shown by public record or otherwise. (d) Any Interest in oil,coal end other minerals or mineral rights,whether express or implied,associated with,or incidental to the ownership of the Prepeny,or the exercise of rights under any oil, gas, coal or mineral reservation,grant or lease and all rights,privileges and easements with respect thereto,or assignments thereat or Interest therein,and; (e) Real Property Taxes,general assessments and special assessments on the Property being conveyed hereby, • becoming due and payable after the data of this Deed. GRANTEE(S) by acceptance of the Deed aeknowledge(s) that Grantor acquired title to the Property through foreclosure,deed in lieu of foreclosure of other means of enforcement of a lien in favor of the Grantor and or assigns. Grantor while in title,has not been In actual physical possession of the Property,and therefore,the Property is being sold to Grantee(s),and Grantee(s),by acceptance of this Deed accepts the Property"AS IS","WHERE IS",without any recourse to Grantor,and with no representations or warranties of any kind or oatere being made by Grantor as to the condition,fitness or status of the Property,except as to the special warranties of title as specifically set forth herein. • caesn6e4REO eRecorded in 1h' 'County, CO Doc Id: 3584015 10/14/2008 09:01 A Receipt#: 7381811 Page:2 of 2 Total Fee: $32.00 Steve Moreno, Clerk and Recorder • • • • • TO HAVE AND TO HOLD the herein described Property,together with all hi singular the rights appurtenances thereto belongings unto the said Grantee(s),Grantee(s)'heir,legal representatives,suocwaors and assigns forever. Grantor does hereby bind itself and its successors and assigns to WARRANTY AND FOREVER DEFEND the Property described heroin, unto the said Grantee(s)and Grantec(a)'heirs,legal representatives,successors and assigns against every person whomsoever lawfully claiming the same or any pert thereoZ by,through or under Grantor,but not otherwise. EFFECTIVE AS OF THIS DAY OF 2008 • GRANTOR TThee^Bank of New York Mellon,fik/a The Bank of New York,as Trustee for BS ALT A 2005-9 • By \./t a _, • As Christina M. Dorsa • orwella of , a tion • Califomia STATE OF courmyoQf Special Warranty The I sins Sp ial M�Uor5�was \t Pub before me this��F tuft r4a08 by Fargo Bank NA,it's Attorney in Pact for The Bank of New York Mellon,f/k/a The Bank of Now York,as Trustee for BS ALT A 2005-9 • Witness my hand and official seal. Commission C QL{s C1t?- 7fomry Public naron(,lover [SEAL] SHARON GLOVER .a..3,.1.• ! 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A A a , r 1 +, trit:...*. .11 is IP r , e sr r lir It r 1 t\-2 . • ... _ II \ fill 0 lk . rn ti , • . - _ it 4 1 � f A Y 'S 1 .. 1 . I rw 3n 1 i �4 ^ � a f I1 , ... , I „... , , , Y 1 I Ile- it�k ii 1' 1 p 'r Iril:\IIIIIM ..1 — • 11 I —4A•ti - II I 1 i dif t 1r . � 1 • • • • • • • y � , .irk T 1 • 1!1: ' � y • i • • 1 ' 1 4 .4 • 1 f • 91 • • 11\1� 114 st 1 a • is r. IGS' f g�, ' I, • lOsp F ti ttSt rest;Amp 1 4 77C f-3 LONGMONT.COLORADO 80501 June 13, 2011 To Whom It May Concern: Turner Inc. of Longmont (Turner Realty) is negotiating with Thunder Transportation, LLC. to lease a building at 10755 Turner Blvd, Longmont, CO. The property is a 4,400 sq. ft. warehouse & parking spaces in a commercial building with commercial zoning. We should get all information together and lease them this building by the end of June, 2011. This lease is for Andrew Blakemore, President, Thunder Transportation, LLC. iff--- A,&"1-7) _ Darrel Turner Turner Realty IEXHIBIT zcv *\0-0004 u HOMES - FARMS-WATER - COMMERCIAL & INVESTMENT PROPERTYEg CARL TURNER i 1916 - 2002) • EVADEAN TURNER (1918 - 2007) • ARNOLD TURNER • DARREL TLJRDLP Hello