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HomeMy WebLinkAbout20112171 RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1100040 AGAINST EDWARD AND KIMBERLY BREHON 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, Edward and Kimberly Brehon, ZCV #1100040, 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 9th day of August, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, at the request of Planning staff, the Board deems it advisable to refer the matter back to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#1100040 be, and hereby is, referred back to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO GG ATTEST: r - fi t c . tI f (It {�-�� 'Barbara Kirkmeyea, Chair // E Weld County Clerk to the =,t• ate,` ; ' �, Sean P. Co P o-Tem Deputy CI d k to the B� �® . � i F. Garcia AP ED A RM: David E. Long oun ttorney n eyn/ Dougla ademache Date of signature: - g" PLf vIDI . 2011-2171 PL0824 - ILA - ll yet* lI`PG Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV11-00040 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 32933 CR 39 BREHON EDWARD& KIMBERLY Mailing Address: PO BOX 20 LUCERNE, CO 80646 PARCEL: 080319100053-R2646203 Acreage: 4.92 Legal Description: PT E2E2 19-6-65 SUB EXEMPT SE-989 (.36R) LOCATION: Location: South of and partially adjacent to Hwy 392 and West of and adjacent to CR 39 North: Unincorporated townsite of Lucerne, predominately zoned Agricultural South: C-3 (Commercial)Zoned properties East: Agricultural Zoning West: C-3(Commercial)Zoned properties,just East of Hwy 85 and Agriculturally Zoned properties NOTIFICATION INFORMATION: Certified Date 06/28/2011 Certified Reference Number 7010 1870 0000 4773 5914 Certified Receipt Date 07/01/2011 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 3 Commercial Zone Districts 23-3-230 C-3 (Business Commercial)Zone District. 23-3-230.6 Uses Allowed by Right. 23-3-230.B.11 CONTRACTOR'S SHOPS. 23-3-230.C Accessory Uses. 23-3-230.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-3 Zone District until a site plan review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned C-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. VIOLATION REMEDY: As we have previously discussed, in order to operate a business such as Colorado Kitchen & Bath, in the C-3 (Commercial)Zone District, Zoning permits,are required. My records indicate a Pre-Application Meeting was conducted on May 5, 2011 where staff provided direction regarding how to bring the property into compliance. Planning Department ZONING;VIOLATION CASE SUMMARY RECOMMENDATION: The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. WORKFLOW SUMMARY: Case Initiation 03/24/2011 ;Initiated Violation 03/24/2011. ,. 5 Day Letter Violation 04/14/2011 Violation Notice Violation 06/27/2011 Hearing Notification OTHER CASE HISTORY: 05/05/2011 Office visit Pre-Application meeting, Edward & Kimberly Brehon, Chris Gathman, Don Carroll, Lauren Light, Ken Swanson, Glen Czaplewski, Tom Parko& Kris Ranslem attended. 06/29/2011 E-mail sent From: Chris Gathman Sent:Wednesday, June 29, 2011 2:13 PM To: 'ed@ckbsales.com'; 'kbrehon@ctos.com' Cc: Bethany Salzman; Tom Parko • r.$ubject:.RE:,Business at 32933 County Road 39 Ed, I just spoke to Bethany Salzman re: this. She indicated she already had scheduled your case for a violation hearing in August (August 9th at 10 AM). Sorry,we were not aware of this when we spoke with you this morning. Therefore the timeline is a bit shorter than what Tom and I had mentioned. Therefore, your options are as follows: • 1) '72emove the business by no later than August 8th (your case would then not be heard on August 9th). OR 2) If not completely removed by August 8th. Attend the August 9th violation hearing. At this hearing you would need to request additional time of our Board of County Commissioners—if needed to remove your business. It would be up to the Board of County Commissioners as to whether or not to grant the request. It would be advisable to indicated at a minimum what progress you have made in phasing out your business. Lgt,me know,if you have any questions. Sincerely, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 • • Mae °OLO ° Planning Department ZONING VIOLATION CASE SUMMARY Fax: (970)304-6498 INSPECTION SUMMARY: ; Zoning Code Inspection 03/22/2011 Noncompliance Bethany Salzman Inspection Result Comment Upon a visual inspection of the property, the following items were noted: Colorado Kitchen & Bath signs were posted by road and a fair amount of outdoor storage and materials were noted. No pictures were taken during this inspection. lg'1‘ fin • DEPARTMEN i OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us C FAX: 970-304 970-353-6-6498 100 X 3555 COLORADO June 27, 2011 BREHON EDWARD & KIMBERLY PO BOX 20 LUCERNE, CO 80646 Zoning Violation Case: ZCV11-00040 Situs Address: 32933 CR 39 Legal Description: PT E2E2 19-6-65 SUB EXEMPT SE-989 (.36R) Dear Brehon Edward & Kimberly: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on :D13/09/2011 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 3 Commercial Zone Districts 23-3-230 C-3 (Business Commercial)Zone District. 23-3-230.B Uses Allowed by Right. 23-3-230.B.11 CONTRACTOR'S SHOPS. 23-3-230.C Accessory Uses. 23-3-230.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-3 Zone District until a site plan review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned C-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. To bring your property into compliance with the Weld County Code: As we have previously discussed, in order to operate a business such as Colorado Kitchen& Bath, in the C-3 (Commercial)Zone District, Zoning permits are required. My records indicate a Pre-Application Meeting was conducted on May 5, 2011 where staff provided direction regarding how to bring the property into compliance. Page 1 of 2 Report ID: CODE000023v002 Print Date-Time: 6/27/2011 2:38:47PM DEPARTMEN i OF PLANNING SERVICES ( el Li----'Nst):, Zoning Compliance Division it 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us iillip E-MAIL: bsalzman@co.weld.co.us HONE:CFAX::: 970-304-6498100 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. 0 d� ea v o t c e, Sincerely, a s o N d i o m 0 cn ❑ ❑ t A W Elo ,^ W _ `to o _ 1�l^ ,, tit �(hJHQ-\ N a p N d ," FJ4 N O mm or N--- Bethany Salzman m C s a o Zoning Compliance Officer II ? z , 2<u J •u�B,'S co @ a Er- File: ZCV11-00040 o d" a i =o ❑ ❑ c ' Co U.S. Postal Service. W a oa $ O O . N. CERTIFIED MAIL. RECEIPT .. E s( ; d m , �- - s (Domestic Mail Only;No Insurance Coverage Provided) y m -� } e o e s d o 7, 1-R N _ F r•elivery lnf•rmatl•nvlsit•urwe•slteat vnvw.us•s.c•me V d x m � m ❑❑ o o Ln E o m .eo it o cc Postage $ n- o gi cO m Certified Fee d m d ra r, o Postmark g--0 > a O o Return Receipt Fee Here ,. g m O o (Endorsement Required) • O 2 O o E �•-t) -----J( a o Om« >`m y J C Restricted Delivery Fee o 0 6 O« N o (Endorsement Required) •a p o , •i•'Y r` N 8 Y € . ‘ v C Total Postage 8 Fees $ D m e m m 0 y o ra N-D 75 to�n m G /' r N CI Seer ro ^ ('�`` � fi. 1/ 1 N p,O C« N J l r� c A smcr,npt.No. _`/ r� to S m E a w a W 2 or PO Box No. ,%1 L1 E'er E y X q1 m City,State,ZIP+a • • <' • _ BSc 0 0 0 to 6' n E `-'Jy5 _e S F rm 090r.Au ust 200 �' :See Reverse i�Ingirye�•Rg,_• a)- 0T«N t« ¢ r `'S Z m M EE f• mo -2 gJ `1 c O°fam¢ o a ¢ @. 0 • • ■ FCj CD 0- Page 2 of 2 Report ID: CODE000023v002 Print Date-Time: 6/27/2011 2:38:47PM r12\ ftIn rs DEPARTMENT OF PLANNING SERVICES 1555 N. 17th AVENUE IDWEBSITE: GREELEY, COLORADO 80631 www.co.weld.co.us E-MAIL: slockman@co.weld.co.us �i PHONE (970) 353-6100, EXT. 3540 FAX (970)304-6498 COLORADO April 22, 2003 Bruce Johnson Johnson &Associates 801 8'"Street Suite 220 Greeley, CO 80631 Dear Mr.Johnson, The Department of Planning Services staff has reviewed the information submitted regarding the property described as part of Lot B, Recorded Exemption 763, being part of the NE4 Section 19, Township 6 North, Range 65 West of the 61' P.M. Weld County, Colorado. Lot B was split by the Courts in a Bankruptcy.The Weld County Attorney's Office has indicated that the two parcels are separate legal parcels and the 230'x 219' parcel should be treated the same as a parcel created prior to zoning. Therefore, should you wish to amend the boundaries of the parcels, both an amendment for the Recorded Exemption and a Subdivision Exemption for a lot line adjustment would be required. Weld County Records indicate that the site was zoned C (Commercial) in 1962 by case number Z-22. The site was rezoned to C-3 (Business Commercial) in 1981. In your letter you asked our office to conceive of a plan which would allow the Brehons to maintain their business and home on the site. You wished to replace the home should it be damaged as well as be capable of getting a residential v/s commercial loan. Staff suggests the Brehons apply for a Change of Zone to PUD (Planned Unit Development). The PUD allows the applicants to choose the uses they wish for their lots.The Brehons could request a commercial/residential use. Because this site is in close proximity to Lucerne, it would be considered urban scale development. Therefore, Planning staff would be mandated by the Weld County Code to require public sewer and public water. The ultimate decision as to whether public facilities should be required would be left to the Board of County Commissioners. Should you have further concerns, please contact me at the above address or phone number. CJ 1 Sincerely, a ssz z Sheri Lockman Planner II Aor . l1 . 2003 7 : 38AM No . 1751 P . 1 (n 3cy -- 6 y 98' o3 , ; Bruce -ay hvtscLA lee. Hutigew hug r 4n /6k-its- enzart-t-) Red 3-7-4-0 frtea4t, /. — ¶ B tpe e Rf o403 -/ P —i-2i , 63 crneyfrqc g a440p - - �Ls�r me -4.4s14adept-- Q o o. //tiit ?-Z 7-0 3 0/444,ad .rsai � R- � hr qzt Ati -w-ai 41c - e. ≥ &tc4, earafa, 6 4ea6 aeljA1 yam. A Slot roc. /644.1-1,44 to-4,e �/.a -wit act Fee-s;24_, • cUe.44,B freer .W, 4 r-y. .. amitce>&2 V/-s/e q , ie ti- )47_, '°"° Val--9O-cr-v-ue ttat aAA-y-to erot -4444-7144.t p- tt.1A4.44.. r 0 -e T etN.Q% u0 l c Cate et eee7d `ttt C-- 3 2,e-nzi tat ttel- -tom. 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It: tr,. of Northern Colorado Ill o "Your Hands On Group" _ — ` malligenk Mill ' , i 4uality-,S,e wt. e'-,Satisfaction; it r i rte „ "e ' , : :�i --- HOME PAGE Why Colorado Kitchen &Bath of Northern Colorado? As experienced craftsmen, we have the knowledge, ability, and personal tools to design and remodel a complete kitchen or bath from the floor to ceiling. The many services we provide to complete your project include framing new walls, move existing walls, drywall, texture, paint, and install cabinets, countertops and tile. Our experienced design and sales staff, shop and project managers, employees, and sub contractors back up my experience and integrity to provide quality products and service. We strive every year to be better and provide growing communication, advanced product knowledge, and personalized customer service. We challenge any kitchen and bath dealer or designer to match our experience and dedication to quality, service, and customer satisfaction. Colorado Kitchen & Bath of Northern Colorado's integrity and 28 years of experience will far exceed any of our competitor's large advertising budgets. Thank you Northern Colorado, for the privilege of serving you! Edward Brehon - Founder and President Lindsey Brehon- Vice President Colorado Kitchen & Bath of Northern Colorado "Your Hands On Group" http://www.ckbsales.com/Home_Page.php[4/13/2011 4:48:14 PM] Home Page [' x � . -F -4 1 3t I I JS.3, R r ..P; f yp E 11111111 1 2 311 `(h ro41Lr.L0LH > Website GoDaddy http:/jvrcnv.ckbsales.com/Home_Page.php[4/13/2011 4:48:14 PM Contact US gad Kitcet, 1,6 V + es nr ! v7t c i P :isPe of Northern Colorado - t an ill Your Hands On Group" •� f -�� `x • Quality„$ery ce-,S,atiffact on, get a • • CONTACT US Colorado Kitchen & Bath of Northern Colorado Located in two unique locations 32933 WCR 39 Lucerne, CO 80646 and 1751 N. Lake AVE Estes Park, CO 80517 970-353-2890- Greeley 970-586-3845- Estes Park 970-356-5270- Fax Contact Information In this area, you can enter text about your contact form. You may want to explain what happens after a visitor submits the form and include a contact phone number. First Name: Last Name: L Address Street 1: Address Street 2: City: Zip Code: (5 digits) State: .�i. Daytime Phone: Evening Phone: J Email: l Comments: Enter comments here! http://www.ckbsales.com/Contact_US.html[4/14/2011 4:11:06 PM] Identify Results (71\ `l'1 Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2646203 Parcel#: 080319100053 Tax Area: 3885 Bordering County: y Acres:4.3 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 06 -65 - 19 - 1 _ _ Owners Name &Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE, CO 80646 Additional Owners: BREHON KIMBERLY Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 8/26/2003 $245,000 WD 3102741 Legal Description PT E2E2 19-6-65 SUB EXEMPT SE-989 (.36R) Land Valuation Summary Land T e Abst Code Unit of Number of Assessed yp Measure Units Actual Value Value Agricultural 4117 Acres 4.3 Land Subtotal: 4.3 $2,477 $720 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Residential 3 Out Building 4 Out Building Improvements Subtotal: $159,739 $13,670 Total Property Value $162,216 $14,390 Building Details Account#: R2646203 Parcel#: 080319100053 Owners Name&Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE,CO 80646 Building* Property Type 1 Residential http://maps2.merrick.com/W ebsite/W e1d/setSq I.asp?cm d=QUERY&DET=PP&pin=08031... 4/14/2011 Identify Results Page 2 of 3 tcaN (28) Individual Built As Detail Built As: Ranch 1 Story Year Built: 1919 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1500 # of Baths: 2 Roof Type: Gable # of Bdrms: 2 Roof Coven Composition Shingle #of Stories: 1 Rooms: 0 Units: 1 Garage: Attached SQ Ft: 0 Detached SQ Ft: 440 Basement: Total SQ Ft: 1500 Finished SQ Ft: 0 Account#: R2646203 Parcel#: 080319100053 Owners Name&Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE, CO 80646 Building* Property Type 2 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1899 Exterior: Frame Hardboard HVAC: None Interior Finish: Drywall Built As SQ Ft: 1016 #of Baths: 1 Roof Type: Gable #of Bdrms: 2 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 1 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R2646203 Parcel#: 080319100053 Owners Name&Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE,CO 80646 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: http://maps2.menick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0803 I... 4/14/2011 Identify Results Page 3 of 3 Basement: Total SQ Ft: Finished SQ Ft: Account#: R2646203 Parcel#: 080319100053 Owners Name&Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE, CO 80646 Building# Property Type 4 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.memck.com/Website/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=08031... 4/14/2011 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0228988 Parcel#: 080319000045 Tax Area: 0226 Bordering County: Acres: 9.16 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 06 -65- 19 -0 - - Owners Name&Address: Property Address: HUNGENBERG DONALD E &BEATRICE L Street: 32404 39 CR 976 BALSAM AVE City: WELD GREELEY,CO 80631 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 4/19/89 $120,000 02177828 Legal Description PT E2E2 19-6-65 PT LOT B REC EXEMPT RE-763 (2.66R1.49S) SITUS: 32404 39 CR WELD 0 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4117 Acres 9.16 Land Subtotal: - 9.16 $5,023 $1,460 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Residential 3 Out Building 4 Out Building Improvements Subtotal: $153,075 $14,900 Total Property Value $158,098 $16,360 Building Details Account#: R0228988 Parcel#: 080319000045 Owners Name &Address: Property Address: HUNGENBERG DONALD E & BEATRICE L Street: 32404 39 CR 976 BALSAM AVE City: WELD GREELEY, CO 80631 Building# Property Type 1 Residential Individual Built As Detail httn://mans.merrick.com/W ebsite/W eld/setSgl.asp?Cmd=QUERY&DET=PP&pin=080315... 04/02/2003 DEPARTMEN. OF PLANNING SERVICES kfteQ Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 ■■ WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us C PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 -COLORADO April 14, 2011 BREHON EDWARD& KIMBERLY PO BOX 20 LUCERNE, CO 80646 Zoning Violation Case: ZCV11-00040 Legal Description: PT E2E2 19-6-65 SUB EXEMPT SE-989 (.36R) Situs Address: 32933 CR 39 Dear Brehon Edward & Kimberly: 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 3 Commercial Zone Districts 23-3-230 C-3 (Business Commercial)Zone District. 23-3-230.B Uses Allowed by Right. 23-3-230.6.11 CONTRACTOR'S SHOPS. 23-3-230.C Accessory Uses. 23-3-230.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-3 Zone District until a site plan review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned C-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. To bring your property into compliance with the Weld County Code: As we discussed, in order to operate a business such as Colorado Kitchen& Bath, in the C-3 (Commercial) Zone District, a Site Plan Review(SPR) permit is required. The first step in this process is a Pre-Application Request meeting. This step is completely free, but does require submittal of a short application. My records indicate that I sent this application with my initial letter; however, please also feel free to visit the following web address: http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 4/14/2011 2:13:02PM DEPARTMEIF PLANNING SERVICES 61/7i;Nics•ss\ Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: bsalzman@co.weld.co.us PHONE:C FAX: 970-3 100 X 3555 COLORADO This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us At the top of the page,just under the Weld County logo, Click on Departments, go to Planning &Zoning (click on this link)Then click on the Planning Department link on the left hand side of the page. Then click on Land Use Applications link that pops up next to Planning Department. Please scroll down to the Pre-Application Request link. 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 05/16/2011 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 Attorneys 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 Sincerely, ethany Salzman Zoning Compliance O File: ZCV11-00040 Page 2 of 2 Report ID: CODE000021v002 Print Date-lime: 4/14/2011 2:13:02PM rte` ' 1 DEPARTMEN t OF PLANNING SERVICES ff-6-11;t sses\ Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us wipe E-MAIL: bsalzman@co.weld.co.us PHONE:FAX: 970-304-6498 100 X 3555 COLORADO March 24, 2011 BREHON EDWARD& KIMBERLY PO BOX 20 LUCERNE, CO 80646 Zoning Violation Case: ZCV11-00040 Situs Address: 32933 CR 39 Legal Description: PT E2E2 19-6-65 SUB EXEMPT SE-989 (.36R) Dear Brehon Edward& Kimberly: 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: In order to operate a business such as Colorado Kitchen & Bath and possibly Frames Unlimited, in the C-3 (Commercial)Zone District, a Site Plan Review(SPR) permit is required. The first step in this process is a Pre-Application Request meeting. This step is completely free, but does require submittal of a short application. Please see the enclosed application; however, please also feel free to visit the following web address: http://www.co.weld.co.us/redesign/assets/9A9dc6d8207C1 D3D7c30.pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us At the top of the page,just under the Weld County logo, Click on Departments, go to Planning&Zoning (click on this link)Then click on the Planning Department link on the left hand side of the page. Then click on Land Use Applications link that pops up next to Planning Department. Please scroll down to the Pre-Application Request link. 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. Page 1 of 2 Report ID: CODE000022v003 Print Date-Time: 3/24/2011 11:20:09AM DEPARTMEN 1 OF PLANNING SERVICES rit Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us IE-MAIL: bsalzman@co.weld.co.us C PHONE: X 3555 FAX: 70304-64 COLORADO Sincerely, ethany Salz Zoning Compliance Officer II File: ZCV11-00040 Page 2 of 2 Report ID: CODE000022v003 Print Date-Time: 3/24/2011 11:20:09AM Submit by Email Print Form WELD COUNTY PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an application. • Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and Environment. Pre-application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date, and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. .Contact Information: Name: ,,, Phone: Fax: Email: Address: Project Description: Property Information: Section-Township- 519 T6N R65W Zoning C-3(Z-22) Range Parcel Number 0803 19 1 00 053 Acreage 4.3+/- Site Address 32933 CR 39 Water Source Legal Description SE-989 aka E2E2 519 T6N R65W Sewer Owner Name Brehon,Edward&Kimberly Is this property currently in violation? ®Yes ONo Case NumberZCV11-00040 Preferred date and time for meeting: Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services Greeley Office— 1555 N 17'h Ave, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax:970-304-6498 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, -FOR (SPR) SITE PLAN REVIEWS: ':'Brief project narrative explaining request k-Conceptual site plan showing all structures, parking,nearby road's, and driveway access o Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual building elevations .f❑ Conceptual landscape plan FOR (USR) USE BY SPECIAL REVIEWS: - Brief project narrative explaining request o Conceptual site plan showing all structures,parking, nearby roads, and driveway access ❑ Existing contours and proposed grades o Conceptual drainage o Conceptual landscape plan FOR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): o Brief project narrative explaining request o Exhibit showing desired changes to be made o Location map showing property, surrounding area and adjacent uses ❑ Conceptual zoning map showing current and proposed zoning o Conceptual site plan showing all structures, parking, nearby roads, and driveway access o Existing contours and proposed grades o Conceptual drainage o Conceptual landscape plan FOR (ZPSD) Zoning Permit Single Dwelling: o Brief project narrative explaining request o Conceptual site plan showing all structures, parking, nearby roads, and driveway access Weld County Department of Planning Services • Greeley Office— 1555 N 17th Ave, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2646203 Parcel#: 080319100053 Tax Area: 3885 Bordering County: Acres:4.3 Township Range Section Ouart.Sec. Subdivison Name Block# Lot# 06-65 - 19 - 1 - - Owners Name&Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE, CO 80646 Additional Owners: BREHON KIMBERLY Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 8/26/2003 $245,000 WD 3102741 Legal Description PT E2E2 19-6-65 SUB EXEMPT SE-989 (.36R) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 4.3 Land Subtotal: 4.3 $2,477 $720 Buil inns Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Residential 3 Out Building 4 Out Building Improvements Subtotal: $159,739 $13,670 Total Property Value $162,216 $14,390 Building Details Account#: R2646203 Parcel#: 080319100053 Owners Name &Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE, CO 80646 Building# Property Type 1 Residential http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=08031... 3/24/2011 Identify Results Page 2 of 3 Individual Built As Detail Built As: Ranch 1 Story Year Built: 1919 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1500 #of Baths: 2 Roof Type: Gable #of Bdrms: 2 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 0 Units: 1 Garage: Attached SQ Ft: 0 Detached SQ Ft: 440 Basement: Total SQ Ft: 1500 Finished SQ Ft: 0 Account#: R2646203 Parcel#: 080319100053 Owners Name&Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE, CO 80646 Building* Property Type 2 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1899 Exterior: Frame Hardboard HVAC: None Interior Finish: Drywall Built As SQ Ft: 1016 #of Baths: 1 Roof Type: Gable #of Bdrms: 2 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 0 Units: 1 Garage• Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R2646203 Parcel#: 080319100053 Owners Name&Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE, CO 80646 Building* Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08031... 3/24/2011 Identify Results Page 3 of 3 Basement: Total SQ Ft: Finished SQ Ft: Account#: R2646203 Parcel#: 080319100053 Owners Name&Address: Property Address: BREHON EDWARD Street: 32933 39 CR P O BOX 20 City: WELD LUCERNE, CO 80646 Building* Property Type 4 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08031... 3/24/2011 'mil Colorado Secretary of State -Filed Date and Time: 05/06/2010 04:38 PM Document must be filed electronically. ID Number 20091253618 Paper documents will not be accepted. Document processing fee $10.00 Document number: 20101261667 Late fee if entity is in noncompliant status $40.00 Amount Paid: $10.00 Fees&forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.statc.co.us and select Business. and select Business Center. ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to §7-90-30 I,et seq. and§7-90-501 of the Colorado Revised Statutes(C.R.S) ID number: 20091253618 Entity name: FRAMES UNLIMITED Jurisdiction under the law of which the entity was formed or registered: Colorado 1.Principal office street address: 32933 COUNTY ROAD 39 (Street name and number) LUCERNE CO 80646 (City) State) (Postal/Zip Code) united States (Province-if applicable) (Country-if not US) 2.Principal office mailing address: PO BOX 20 (if different from above) (Street name and number or Post Office Box information) LUCERNE CO 80646 (City) (state) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) 3. Registered agent name: (if an individual) BREHON KIM (Last) (First) (Middle) (Suffix) OR(if a business organization) 4.The person identified above as registered agent has consented to being so appointed. 5.Registered agent street address: 32933 COUNTY ROAD 39 (Street name and number) LUCERNE CO 80646 (City) (State) (Postal/Zip Code) REPORT Page 1 of 2 Rev.5101/2010 6.Registered agent mailing address: PO BOX 20 (if different from above) (Street name and number or Post Office Box information) LUCERNE CO 80646 (City) (State) (Postal/Zip Code) United States (Province—ifapplicable) (Country—ifnot US) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 7.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: Brehon Kim (Last) (First) (Middle) (Suffix) PO Box 20 (Street name and number or Post Office Box information) Lucerne CO 80646 (City) (State) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) (The document need not state the true name and address of more than one individual. However,if you wish to state the name and address of any additional individuals causing the document to be delivered for filing,mark this box O and include an attachment stating the name and address of such individuals.) Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev.5/01/2010 Colorado Secretary of State -F71ed Date and Time: 11/02/2010 02:04 PM Document must be filed electronically. ID Number: 20051381476 Paper documents will not be accepted. Document processing fee $10.00 Document number: 20101605279 Late fee if entity is in noncompliant status $40.00 Amount Paid: $10.00 Fees&forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.statc.co.us and select Business. and select Business Center. ABOVE SPACE FOR OFFICE USE ONLY Periodic Report filed pursuant to §7-90-301,et seq. and §7-90-501 of the Colorado Revised Statutes(C.R.S) ID number: 20051381476 Entity name: Colorado Kitchen & Bath of Estes Park, Inc Jurisdiction under the law of which the entity was formed or registered: Colorado I.Principal office street address: 32933 CR 39 (Street name and number) Lucerne CO 80646 (City) (stare) (Postal/Zip Code) United States (Province-if applicable) (Country-ifnot US) 2.Principal office mailing address: PO Box 20 (if different from above) (Street name and number or Post Office Box information) Lucerne CO 80646 (City) (State) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) 3.Registered agent name: (if an individual) Brehon Kimberly (Last) (First) (Middle) (Suffix) OR(if a business organization) 4.The person identified above as registered agent has consented to being so appointed. 5.Registered agent street address: PO Box 20 (Street name and number) Lucerne CO 80646 (City) (State) (Postal/Zip Code) REPORT Page I of 2 Rev.8/11/2010 1 6. Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province-ifapplicable) (Country-if not US) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 7.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: Brehon Kim (Last) (First) (Middle) (Suffix) PO Box 20 (Street name and number or Post Office Box information) Lucerne CO 80646 (City) (State) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) (The document need not state the true name and address of more than one individual However,if you wish to state the name and address of any additional individuals causing the document to be delivered for filing,mark this box O and include an attachment stating the name and address of such individuals.) Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev.8/112010 Colorado Secretary of State -Filed Date and Time: 05/06/2010 04:35 PM Document must be filed electronically. ID Number: 19981072297 Paper documents will not be accepted. Document processing fee $10.00 Document number: 20101261661 Late fee if entity is in noncompliant status $40.00 Amount Paid: $10.00 Fees&forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.statc.co.us and select Business. and select Business Center. ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to §7-90-301, et seq. and §§7-90-501 of the Colorado Revised Statutes(C.R.S) ID number: 19981072297 Entity name: BREHON ENTERPRISES, INC. Jurisdiction under the law of which the entity was formed or registered: Colorado I.Principal office street address: 32933 WELD COUNTY ROAD 39 (Sweet name and number) PO BOX 20 LUCERNE CO 80646 (City) (Slate) (Postal/Zip Code) united States (Province-if applicable) (Country-if not US) 2.Principal office mailing address: PO Box 20 (if different from above) (Sweet name and number or Post Office Box information) Lucerne CO 80646 (City) State) (Postal/Zip Code) united States (Province-(([applicable) (Country-if not US) 3.Registered agent name: (if an individual) BREHON KIM (Last) (First) (Middle) (Suffix) OR(if a business organization) 4.The person identified above as registered agent has consented to being so appointed. 5.Registered agent street address: 32933 WELD COUNTY ROAD 39 (Street name and number) LUCERNE CO 80646 (City) (State) (Postal/Zip Code) REPORT Page I of 2 Rev.5/01/2010 6.Registered agent mailing address: PO BOX 20 (if different from above) (Street name and number or Post Office Box information) LUCERNE CO 80646 (City) (State) (Postal/Zip Code) United States (Province-if applicable) (Country—if not US) Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 7.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: Brehon Kim (Last) (First) (Middle) (Suffix) PO Box 20 (Street name and number or Post Office Box information) Lucerne CO 80646 (City) (State) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) (The document need not state the true name and address of more than one individual. However,if you wish to state the name and address of any additional individuals causing the document to be delivered for filing,mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev.5/01/2010 • 1111 11111'rill;III III 11111111111111111111 I I 111111 3102741 09/0412003 11:04A Weld County,CO 1 of 2 R 11.00 D 24.50 Steve Moreno Clerk&Recorder 741 WARRANTY DEED THIS DEED, Made this 26th day of August, 2003 between Donald E. Hungenberg and Beatrice L. Hungenberg of the County of Weld and State of Colorado, grantor, and Edward Brehon and Kimberly Brehon whose legal address is 32929 Weld County Road 39, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of TWO HUNDRED FORTY FIVE THOUSAND AND 00/100, ($245,000.00) Dollars, the receipt end 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 grantees, their heirs 0 and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld tfi and State of Colorado, described as follows, SEE EXHIBIT 'A" ATTACHED HERETO AND MADE A PART HEREOF rr also known by street and number as 32929 6 32933 Weld County Road #39, Greeley, Colorado 80631 Q TOGETHER with all and singular the hereditament° and appurtenances thereunto U belonging, or in anywise appertaining and the reversion and reversions, remainder and 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 grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised 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 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 soaves, except general taxes for 2003 and subsequent years; except easements, restrictions, covenants, conditions, reservations 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 possession of the grantees, their 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 WITNESS WHEREOF the grantor has executed this deed on the date set forth above. nald E. Hungenberg /I Beatrice L. Hungenber (� STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before County of Larimer ) me this 26th day of August, 2003 by Donald E. Hungenberg and Beatrice L. Hungenberg Witness my hand and official seal. My c anion expir�vemb�2005 SO�ApY PUB(��, NOTARY PUBLIC a \\ 1295 Main St. No. 923A. RC. DABELLA 4`, /i Windsor, COLORADO 80550 /� 9a 7Of.i , V fp0,, °jE OF cod. TNG g 31niii 11111 iu412003 1 m1In ni iii niii , 2 of 2 R 11.00 02450 Steve Moreno Clerk 6 Recorder EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN DONALD E. HUNGENBERG AND BEATRICE L. HUNGENBERG ("GRANTORS") AND EDWARD BREHON AND KIMBERLY BREHON ("GRANTEES") LEGAL DESCRIPTION OF THE PROPERTY CONVEYED HEREBY Subdivision Exemption No. 989 recorded August 20, 2003 as Reception No. 3097962, being a part of Lot B of Recorded Exemption No. 0803-19-1 RE763, recorded July 17, 1985 in Book 1077 as Reception No. 2017420, being a part of E1/2 of the NE1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the NE corner of Section 19, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado end considering the East line of the NEl/4 of said Section 19 as bearing South 00 degrees 53 minutes 24 seconds East and with all other bearings contained herein relative thereto; Thence South 00 degrees 53 minutes 24 seconds East along the East line of the NE1/4 of said Section 19, 108.00 feet, to the TRUE POINT OF BEGINNING; Thence continuing South 00 degrees 53 minutes 24 seconds East along the East line of the NE1/4 of Section 19, 521.72 feet; Thence North 88 degrees 28 minutes 59 seconds West, 398.08 feet to a point on the East right of way line of the Union Pacific Railroad; Thence North 08 degrees 23 minutes 06 seconds West along the East right of way line of the Union Pacific Railroad, 359.29 feet to the NW corner of Lot B RE 763; Thence South 88 degrees 28 minutes 59 seconds East 398.08 feet; Thence North 41 degrees 27 minutes 16 seconds East, 280.35 feet; Thence South 00 degrees 53 minutes 24 seconds East, 78.00 feet; Thence South 90 degrees 00 minutes 00 seconds East, 159.00 feet to the TRUE POINT OF BEGINNING. (Street Address: 32929 Weld County Road 39, Greeley, Colorado) EXCEPTING AND RESERVING unto Grantors, their heirs, personal representatives, and assigns, all rights, title, and interest of Grantors in and to the Stanley Irrigation Well, Subterranean Water Well Priority No. 83 S.W. dated August 3, 1934, and recorded in Book 1372 at Page 226 of the Weld County, Colorado records, TOGETHER WITH a perpetual, non-exclusive twenty foot (20') irrigation easement and right-of-way as more fully described in that certain "Permanent Easement Agreement" of even date herewith to which Grantors and Grantees are parties. Hello