HomeMy WebLinkAbout20111663.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ZCV#1100069 AGAINST CARL HATTON/A
NEW DAWN WELLNESS CENTER 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, Carl Hatton/A New Dawn Wellness Center, ZCV #1100069, is 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 12th day of July, 2011, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Carl Hatton, property owner, was present at said hearing, and
WHEREAS,the Board of County Commissioners determined the property was in compliance
and deems it advisable to dismiss said matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV#1100069 be, and hereby is, dismissed.
CL ft, Viol. 2011-1663
-1- a '4-1 I PL0824
VIOLATIONS -ZCV#1100069- CARL HATTON/A NEW DAWN WELLNESS CENTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of July, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD U TY,,, ADO
ATTEST: ",
Barbara Irkmeyer, Chair
Weld County Clerk to the �;�� XCUSED
-i:,, It .1�;: 1♦ can P_Conwa ro-Tem
BY: P��hC.��J%��:�`�
puty Clerk to the Bo Ga
•
APP D AS TO F M: cAAC CS:
David E. Long
/ ounty A rney
Do glas ademacher
Date of signature: S aOI/
2011-1663
PL0824
Vine
Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV11-00069 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 3801 17TH AV
HATTON FIRST CARL G REV LIVING TRUST
Mailing Address: 33378 COUNTY RD 57
GILL, CO 80624-9515
VIOLATION CONTACTS:
A NEW DAWN WELLNESS CENTER 520 1/2 MAIN ST
WINDSOR, CO 80550
PARCEL:
096130209039-R0130190 Acreage: 1.09
Legal Description: 13420 N161' L8 NE4NW4 30-5-65& PT L1 NE4NW4 30 5 65 BEG SE COR OF L1 NOD02'E 17.11'
S89D34'W 300.14'TOW LINE OF L1 S0D30'W 11.4'TO SW COR OF L1 S89D20'E 300.15'TO
BEG EXC El 0' (.15R) 3801 17 AV WELD 80620
LOCATION:
Location: West of and adjacent to 17th Ave and South of Railroad Diagonal
North: Evans Municipal boundaries
South: Agriculturally zoned properties and Evans Municipal boundaries
East: Evans Municipal boundaries
West: Larson Subdivision, Agriculturally zoned properties and Evans Municipal boundaries
NOTIFICATION INFORMATION:
Certified Date 06/20/2011
Certified Reference Number 7010 1870 0000 4773 6577
Certified Receipt Date 06/27/2011
VIOLATION REMEDY:
As was discussed upon the limited approval of NCU-507, the utilization of this property as a commercial
Medical Marijuana Growing Facility after June 30, 2011 will be considered a Violation of the Weld County Code.
To bring the property into compliance, either the property will have to be reduced to fall within the Caregiver
status or the operation will need to be completely removed from the property. If you decide to reduce to the
Caregiver status, the maximum number of Medical Marijuana plants that can be grown at a property is 30
(thirty) plants, of which no more than 15 may be mature, budding plants. Even this option is only applicable if
the grow operation is operated by a Primary Caregiver and is listed as such on no more than 5 (five) Medical
Marijuana patient applications(including self). Furthermore, only one Primary Caregiver is allowed per legal
parcel. Additionally, records shall be available at all times on the premises. The Weld County Code through
Chapter 23, Article IV(4), Division 14 refers to Section 25.5 106, C.R.S. or Section 14 of Article XVIII of the
Colorado Constitution.
If you feel you have brought the property into compliance, please call to schedule an inspection at your earliest
convenience. You may schedule the inspection with either Frank Piacentino at 970-353-6100, Ext. 3531 or me
at 970-353-6100, Ext. 3555.
2011-1663
Planning Department
ZONING VIOLATION CASE SUMMARY
RECOMMENDATION:
The Department of Planning Services recommends that the violation be forwarded to the County Attorneys Office for
immediate legal action.
WORKFLOW SUMMARY:
Case Initiation 06/17/2011 Initiated
Violation 06/17/2011 Hearing Notification
OTHER CASE HISTORY:
06/27/2011 Certified receipt Certified Receipt received-signed ((Hatton Industries))
/es,
aRThy ‘:,
I
COLORADO
DEPARTMENT 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
PHONE:970-353-6100 X 3555
FAX: 970-304-6498
June 20, 2011
HATTON CARL G FIRST REVOCABLE LIV TRUST
33378 CR 57
GILL CO 80624
A NEW DAWN WELLNESS CENTER
520 %MAIN ST
WINDSOR CO 80550
CARL HATTON
HATTON INDUSTRIES
2881 S 31ST AV BLDG 4 SUITE 200
GREELEY CO 80631
Zoning Violation Case: ZCV11-00069
Situs Address: 3801 17TH AV
Legal Description: 13420 N161' L8 NE4NW4 30-5-65 & PT L1 NE4NW4 30 5 65 BEG SE COR OF L1
N0D02'E 17.11' S89D34'W 300.14'TOW LINE OF L1 SOD30'W 11.4' TO SW COR
OF L1 S89D20'E 300.15'TO BEG EXC E10' (.15R) 3801 17 AV WELD 80620
Dear Hatton First Carl G Rev Living Trust:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
'0711212011 90;06 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County Code:
Chapter 23,Article 111(3), Division 1 "Agriculture Zone District"
23-3-20 "Uses by Right"
23-3-30 "Accessory Uses"
Chapter 23, Article IV(4), Division 14 "Cultivation, Manufacture, Distribution or Sale of
Medical Marijuana or Medical Marijuana Infused Products."
23-4-1000 "Prohibition of cultivation, manufacture, distribution or sale of medical marijuana
or medical marijuana infused products in any zone district."
23-4-1010 "Prohibition of the operation of medical marijuana centers, optional premises
cultivation operations and medical marijuana infused products manufacturers' licenses in any
zone district."
23-4-1020 "Definitions"
e`
fcM
WI D C
COLORADO
DEPARTMENT 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
PHONE: 970-353-6100 X 3555
FAX: 970-304-6498
To bring your property into compliance with the Weld County Code:
As was discussed upon the limited approval of NCU-507, the utilization of this property as
a commercial Medical Marijuana Growing Facility after June 30, 2011 will be considered a
Violation of the Weld County Code. To bring the property into compliance, either the
property will have to be reduced to fall within the Caregiver status or the operation will need
to be completely removed from the property. If you decide to reduce to the Caregiver
status, the maximum number of Medical Marijuana plants that can be grown at a property
is 30 (thirty) plants, of which no more than 15 may be mature, budding plants. Even this
option is only applicable if the grow operation is operated by a Primary Caregiver and is
listed as such on no more than 5(five) Medical Marijuana patient applications (including
self). Furthermore, only one Primary Caregiver is allowed per legal parcel. Additionally,
records shall be available at all times on the premises. The Weld County Code through
Chapter 23, Article IV(4), Division 14 refers to Section 25.5 106, C.R.S. or Section 14 of
Article XVIII of the Colorado Constitution.
If you feel you have brought the property into compliance, please call to schedule an
inspection at your earliest convenience. You may schedule the inspection with either
Frank Piacentino at 970-353-6100, Ext. 3531 or me at 970-353-6100, Ext. 3555.
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 your 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.
Si cerely,
Bethany Sal an
Zoning Compliance Officer II
File: ZCV11-00069
BCV10-00081
DEPARTMT OF PLANNING SERVICES
BUILL.ING COMPLIANCE DIVISION
18 6 I - 2011 1555 N. 17TH AVENUE GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL ADDRESS: pgregory@co.weld.co.us
970-353-6100 EXT 3568
FAX 970-304-6498
WELD -COUNTY
June 17, 2011
CARL G HATTON
HATTON INDUSTRIES
2881 S 31 AVE BLDG 4 STE 200
GREELEY CO 80631
A NEW DAWN WELLNESS CLINIC
520 1/2 MAIN ST
WINDSOR CO 80550
Subject: BCV10-00081, Part of the NE4NW4 of Section 30, T5N, R65W of the 6th P.M.,
Weld County, Colorado
Dear Mr. Hatton:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on July 12, 2011, at 10:00 a.m., to consider the
violations. The property is in violation of the following Sections of the Weld County Code:
Section 29-3-10 "Building permit required."
Section 29-3-40.B "Additions, alterations, or repairs."
Section 29-3-50.B "Existing use or occupancy."
To bring your property into compliance:
Permit application(s) and all applicable documentation shall be submitted for any
changes, additions, alterations, or repairs which have been made to any
structure(s) being used for the medical marijuana grow facility, fees paid, the
permit(s) issued, and all inspections completed.
OR
Remove all changes, additions, alterations, or repairs and schedule an inspection
to verify the structure is no longer a medical marijuana grow facility.
To schedule an inspection with Frank Piacentino from the Building Inspection Department, call 970-353-
6100 Ext. 3531 or with Bethany Salzman, Zoning Compliance Officer, call 970-353-6100 Ext. 3555.
This meeting 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 at this meeting to answer any questions the Board of County Commissioners might
have regarding the violation.
page two
The Department of Building Inspection will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate
that you were made aware of the nature of the violation, the action necessary to correct the violation,
and that you were given sufficient time to remedy the violation. If you have any questions concerning
this matter, please contact me at the above address, telephone number or e-mail address.
Sin ely,
lelCt t
Peggy Gregory 0
Building Compliance Officer
pc: BCV10-00081
figelfr, ten
SENDER: COMPLETE THIS SECTION C/M•LETE THIS SEGTI•N •N •ELIVERY
• Complete items 1,2,and 3.Also complete A Step•
item 4 If Restricted DelNeiy Is desired. �%�/ �►� O Agent
▪ Print x your name and address on the reverse O Addressee
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�c jl 17 Yes
1. Article Addressed to: REC E 'r t;e ❑No
CARL G r HATT0N
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HATT0N INDUSTRIES JUN 1611
2881 S 31 AV BLDG 4 STE Weil County manning Departs 2 4 2011
GREELEY CO 80631 GREELEO'sidgeirs, —
KICDedmed Mail\ELF men/
❑Registered - Q ReturReceipt for Merchandise
❑insured Mall ISCO:D.
4. Reset:fed Delivery?(Exa Fee) ❑Yes
2. Article Number 7010 1870 0000 4773 6577
(Transfer from service labs
PS Form 3811,February 2004 Domestic Return Receipt 102585.024.4-1540
•
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR 21-Vk
PROPERTY PROFILE -
Account#: R0130190 Parcel#: 096130209039
Tax Area: 0630 Bordering County: C7�7\,1 t�l�l_ ���\ V 1
Acres 1.13 l \ 'l I
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
05 - 65 - 30 - 2 ST LOUIS WESTERN COLONY - - 1
Owners Name &Address: Property Address:
I IATTON FIRST CARL G REV LIVING TRUST Street: 3801 17 AV WELD
33378 COUNTY RD 57 City: WELD
GILL, CO 80624-9515
Additional Owners:
HATTON FIRST LESLEE T REV LIVING TRUST
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
11/1/1991 $42,500 02268188
Legal Description
13420 N161' L8 NE4NW4 30-5-65 &PT Ll NE4NW4 30 5 65 BEG SE COR OF Ll N0D02'E 17.11' 589D34'W 300.14'TOW LINE OF
Ll S0D30'W 11.4'TO SW COR OF Ll 589D20'E 300.15'TO BEG EXC E10' (.15R) 3801 17 AV WELD 80620
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Duplex/Triplex 1115 Acres 1,13
Land Subtotal: 1.13 $30,017 $2,390
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Duplex
Improvements Subtotal: $72,294 $5,750
Total Property Value $102,311 $8,140
Building Details
Account#: R0130190 Parcel#: 096130209039
Owners Name &Address: Property Address:
HATTON FIRST CARL G REV LIVING TRUST Street: 3801 17 AV WELD
33378 COUNTY RD 57 City: WELD
GILL, CO 80624-9515
Building# Property Type
1 Duplex
hup://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09613... 6/17/2011
Identify Results I Page 2 of 2
Individual Built As Detail
Built As: Duplex One Story Year Built: 1954
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1421
#of Baths: 2 Roof Type:
#of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 0 Detached SQ Ft: 1024
Basement:
Total SQ Ft: 0 Finished SQ Ft: 0
http://maps2.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=09613... 6/17/2011
2010-07-22 14:39 NEWDAWN 9706862151 » 970 304-6498 P 2/4
52O 1/2 Main Street
,ra ' Windsor, CO. 80550
970-599-6896
Fax 970-6862151
Weld County Planning and Zoning, Attn: Tom Parko
I, Sc.So n V. Sr,d have knowledge that A New Dawn Wellness Clinic has
operated a Medical Marijuana grow operation at 3801 17th Avenue, Evans, CC.
8O62O since before June 01, 2010 and in fact was raided by the police on March 10,
2010.
re 1
7 .
Date
The Signature has been sub cribed and affirmed before me in the county of , State of Colorado.
This .22 day of G 100 !
(No -s Official Signature)
(Commission expiration date)
2010-07-22 14:40 NEWDAWN 9706862151 » 970 304-`498 P 3/4
520 'h Main Street
Ty.:; Windsor, 00. 80550
970-599-6896
• Fax 970-6862151
mit IL
Weld County Planning and Zoning, Attn: Tom Parko
I, R, '-Lrel RaJ` eS , have knowledge that A New Dawn Wellness Clinic has
operated a Medical Marijuana grow operation at 3801 17th Avenue, Evans, CO.
80620 since before June 01 , 2010 and in fact was raided by the police on March 10,
2010.
Signature
Date
The Signature has been subscribed and affirmed before me in the county of e.70/ ,State of Colorado,
This�2 day of �1<< /) ,20/0.
(Notary s Offs al Signature)
1-?207/
(Commission expiration date)
2010-07-22 14:40 NEWDAWN 9706862151 » 970 304-'498 P 4/4
52O 1/2 Main Street
Windsor, CO. 8O55O
97O-599-6896
Fax 97O-6862151
Weld County Planning and Zoning, Attn: Tom Parko
I, UPPe. k0 ron.e S , have knowledge that A New Dawn Wellness Clinic has
operated a Medical Marijuana grow operation at 3801 17°i Avenue, Evans, CO.
80620 since before June 01, 2010 and in fact was raided by the police on March 10,
2010.
ignature
Date
COMMERCIAL LEASE AGREEMENT
THIS AGREEMENT made, entered into and executed this 1 day of January, 2010 by and
between AMS, LLC (hereinafter called "Lessor") and A New Dawn Wellness Clinic, Inc.
(hereinafter called "Lessee"). Lessor and Lessee contract and agree as follows:
1. Lessor hereby leases unto Lessee the following land and any improvements thereon:
3801 17th Avenue, Evans Colorado
(hereafter "the leased property").
2. The term of this lease shall be for a primary term of 1 years, commencing on January,
2010, and expiring at midnight on December 31, 2010, unless extended as provided for
herein. This lease can be extended at the end of the primary term for an additional term
of 1 years by Lessee giving Lessor notice of his intent to extend the lease thirty (30) days
prior to the expiration of the primary term.
3. During the primary term, Lessee shall pay to Lessor, as rental, the sum of Twelve
Thousand Dollars ($1000.00) per month, in advance, on or before the 1st of each month.
During any extended term, Lessee shall pay to Lessor, as rental, the sum of Eleven
Hundred Dollars ($1100.00) per month, in advance. on or before the 1 stof each month.
4. The leased property may be used for the following purposes and for no other purposes:
Legal Medical Marijuana Growing.
5. Indemnity. Lessor and Lessee shall indemnify and save harmless the other from any and
all losses, fines, suits, damages, expenses, claims, demands and actions of any kind
resulting from their negligence, breach, or violation or non-performance of any condition
hereof
6. Insurance. Lessee shall, during the entire term of the Lease keep in full force and effect a
policy of public liability insurance with respect to the Property and the business operated
by Lessee in the Property and which the limits of general liability shall be in the amount
of:
N Five Hundred Thousand Dollars ($500,000.00) combined single limit,
n One Million Dollars ($1,000,000.00) combined single limit,
❑ Dollars ($ ) combined single limit,
naming Lessor as additional insured. Such coverage shall include a broad form general
liability endorsement. The policy shall contain a clause that the Lessee will not cancel or
change the insurance without first giving the Lessor ten (10) days prior written notice.
Lessor shall during the term hereof, at it's sole expense, provide and keep in force
insurance on the building against loss or damage by fire and extended coverage, in an
amount equal to one hundred percent (100%) of the full insurable value thereof, which
insurance shall be placed with an insurance company or companies approved by Lessor
and licensed to do business in the State of Colorado. The term "full insurable value"
shall mean actual replacement value of the building (exclusive of costs of excavation,
foundations and footing below ground level). The insurance required under this
paragraph shall be carried in the name of the Lessor and Lessee and shall provide that any
proceeds thereunder shall be paid to Lessor and Lessee and any applicable mortgage
holder, according to their respective interests.
Duplicate originals or certificates of insurance of the policies provided shall be furnished
by Lessor and Lessee to each other and shall contain an agreement by the insurer that
such policy or policies shall not be canceled without at least ten (10) days prior notice to
the Lessor and Lessee.
Lessee shall pay all taxes assessed against all personal property located on the premises
and shall also pay all privilege, excise and other taxes duly assessed. Lessee shall pay
said taxes when due so as to prevent the assessment of any late fees or penalties.
6. Lessee shall pay for all water, electricity, and other utilities used on the premises.
7.
(A) Lessor's Repairs: Lessor shall be solely responsible for maintaining the roof,
foundation and exterior of the building and all parking areas in good repair for
their intended use.
(B) Other Repairs: All repairs, maintenance, replacement or reconstruction to the
interior of the portion of the building leased by Lessee, including but not limited
to replacement of glass doors and windows and repair of the plumbing, are to be
made by Lessee at Lessee's expense. If Lessee fails to make such repairs or
replacements promptly or within fifteen (15) days of occurrence, Lessor may, at
its option, make such repairs or replacements and Lessee shall repay the costs
thereof to Lessor on demand.
8. Lessee will keep the leased property in a clean and wholesome condition and will comply
at all times with all lawful health and police regulations.
Lessee shall promptly comply with all of the ordinances of the County of Weld,
, or of any other governmental body applicable for said premises and to all
ordinances and requirements enforced by the state board of health, sanitary, fire or police
departments of the County of Weld for the correction, prevention and abatement of
nuisances in and about or connected with the Property because of Lessee's use thereof
during the term of this Agreement. all at Lessee's expense. Lessee shall provide for the
removal of its own trash, waste paper. boxes and cartons and shall not permit any
accumulation of such materials. Lessee shall not engage in any act which shall constitute
a nuisance.
1
9. If Lessee shall make default in the payment of the rent, or any part thereof or any other
sums due under the terms hereof, when due as herein provided, or in any of the other
covenants, agreements, conditions or undertakings herein contained, and such default
shall continue for thirty days after notice thereof in writing to Lessee, or if (a) any
proceeding under the bankruptcy act of the United States is begun by or against the
Lessee, and an order of adjudication, or order approving the petition, be entered in such
proceedings, or (b) a receiver or trustee is appointed for substantially all of the Lessee's
business or assets, or (c) if Lessee shall make an assignment for the benefit of creditors,
or (d) if Lessee shall vacate or abandon the leased property, then, and in any such event,
it shall be lawful for the Lessor, at his election, to declare the term hereof ended and to
re-enter the leased property, and to repossess and enjoy the said premises and any
buildings and improvements situated thereon without such a re-entry and repossession
working a forfeiture of the rents to be paid and the covenants to be performed by the
Lessee during the full term of this agreement. If any default shall be made in any
covenant, agreement, condition, or undertaking which cannot with due diligence be cured
within a period of 30 days. and if notice thereof in writing shall have been given to the
Lessee, and if the Lessee, prior to the expiration of 30 days from and after the giving of
such notice, shall commence to satisfy the cause of such default and shall proceed
diligently and with reasonable dispatch to take all steps and do all work required to cure
such default, then the Lessor shall not have the right to declare said term ended by reason
of such default; provided, however, that the curing of any default in such manner shall
not be construed to limit or restrict the right of Lessor to declare the said term ended and
enforce all of their rights and remedies hereunder for any other default not so cured.
The foregoing provision for the termination of this lease for any default in any of its
covenants shall not operate to exclude or suspend any other remedy of the Lessor for
breach of any of said covenants, or for the recovery of said rent for the full term, and in
the event of the termination or default in any of the terms of this lease as aforesaid.
10. Lessee shall permit Lessor and his agents to enter the Property at all reasonable times for
any of the following purposes to inspect the same: (i) to maintain the building in which
the said premises are located, (ii) to make repairs to the Property as the Lessor is
obligated or may elect to make, and (iii) to post notices of non-responsibility for
alterations or additions or repairs.
11. If Property, including improvements thereon, are injured by fire or other casualty, Lessee
shall have the exclusive right and option to either terminate this Agreement or reconstruct
and/or repair the said damaged improvements and continue this Lease under its terms and
conditions as if no such casualty occurred by giving written notice to Lessor of Lessee's
intention to so continue this Lease within thirty (30) days after the date of said damage or
casualty. In the event that Lessee so elects to continue this Lease, any insurance proceeds
payable as a result of said fire or casualty shall be first applied to pay the reconstruction
or repair of said improvements, and any balance of such insurance proceeds after
payment of said reconstruction or repair shall be paid to whoever owns the insurance
policy under which payment is made.
12. If, during the term of this Agreement, the Property shall be taken or condemned, either in
whole or part, by competent authorities for public or quasi-public use. Lessee shall have
the option to terminate this Agreement as of the date of taking. If Lessee elects not to
terminate this Agreement, then this Agreement shall continue in full force and effect.
13. It is understood and agreed that the relationship of the parties hereto is strictly that of
Lessor and Lessee and that the Lessor has no ownership in the Lessee's enterprise and the
Agreement shall not be construed as a joint venture or partnership. The Lessee is not and
shall not be deemed to be an agent or representative of the Lessor.
14. All covenants, conditions and agreements and undertakings contained in this Agreement
shall extend to and be binding on the respective heirs, successors and assigns of the
respective parties hereto the same as if they were in every case named and expressed.
15. It is further understood and agreed by and between the Lessor and Lessee that, on account
of breach or default by either party of any of their obligations hereunder, it shall become
necessary for the other party to employ and/or consult with an attorney to give advice, or
to enforce or demand any of either party's rights or remedies hereunder. then, and in any
such event, the defaulting or breaching party shall pay all attorney fees, court costs and
other expenses occasioned by such default(s) or breach(es).
16. Written notice to Lessee, all rent checks and all notices from Lessee to Lessor shall be
served or sent to:
2881 S 31" Avenue, Bldg 4 Suite 200
Greeley, Colorado 80631
Until further written notice to Lessor, all notices from Lessor to Lessee shall be served or
sent to Lessee at the following address:
All notices to be given under this Agreement shall be in writing and shall be served
personally or sent by United States certified or registered mail.
16. This Agreement contains all of the agreements and conditions made between the parties
hereto and may not be modified orally or in any other manner other than by agreement in
writing signed by all parties hereto or their respective successors in interest.
17. If any section, paragraph, sentence or portion of this Agreement or the application thereof
to any party or circumstance shall. to any extent, be or become invalid or illegal, such
provision is and shall be null and void, but, to the extent that said null and void
provisions do not materially change the overall agreement and intent of this entire
agreement, the remainder of this Agreement shall not be affected thereby and each
remaining provision of this Agreement shall be valid and enforceable to the fullest extent
provided by law.
-4-
18. This Agreement shall be governed by and construed in accordance with the laws of the
State of Colorado.
WITNESS the signatures of the parties, this the 1st day of January, 2010.
7LESSO : LESSF •
C
-s -
I11111111111111111111111111111111111111 III 11111 IIII IIII
5 l 2839561 04/11/2001 01:22P JA 8ukl Tsukamoto
1 of 2 R 10.00 D 0.00 Weld County CO
QUIT
CLAIMDEED
,2 THIS DEED, Made this day of March, 2001, between Carl G.
Hatton and Leslee T. Hatton, whose legal address is 2418 27th Avenue
Court, Greeley, Colorado 80634, grantor, and First Carl G. Hatton
Revocable Living Trust and the First Leslee T. Hatton Revocable Living
Trust, grantees, whose legal address is 2418 27th Avenue Court, Greeley,
Colorado 80634.
WITNESSETH, That the grantor, for and in consideration of the sum
of One Dollar ($1.00) the receipt and sufficiency of which is hereby
acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED,
and by these presents does remise, release, sell, convey and QUIT CLAIM
unto the grantees, an undivided one half interest each, their heirs
successors and assigns forever, all the right, title, interest, claim
and demand which the grantor has in and to the real property, together
with improvements, if any, situate, lying and being in the County of
Weld and State of Colorado, described as follows:
See attached Exhibit A
also known as 3801 17th Avenue, Evans, Colorado 80620
Together with privileges, hereditaments and appurtenances
thereunto belonging, or in any wise appertaining, including all water,
irrigation and drainage rights of every kind and description, however
evidenced or manifested, and all rights of way, apparatus and fixtures
belonging to or used in connection therewith, whether owned by grantor
at the date of this deed, or thereafter acquired; also abstracts or
other evidence of title to the above described real estate.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging, or in anywise
thereunto appertaining, and all the estate, right, title, interest and
claim whatsoever, of the grantor, either in law or equity, to the only
proper use, benefit and behalf of the grantee, heirs and assigns
forever.
IN WITNESS WHEREOF, The grantor has executed this deed on the
date set forth above.
L,60,4flc srLdO
STATE OFD
���� ]y ) ss.
COUNTY OF W�� )
The foregoing instrument was ckn led ore me this g
g / ^ ,
day of tandj/ , 204, by oroo<atr / ` CLKGp `In, 9 / 1
ZOd9/
•-=e; .'+%-nd and of ic al seal.
r.4 r .((�yu • ,;i expires
tpR,Y,,.PCB
J t
Notary Public
MICHAEL P. t ; ;
t DUGAN J i 1OO --• MICHAEL t
cP\ O% Addr AEL P.
i A �• ( (� 0 .; r, ,DUGAN o;
. o;
OF CO qrF•...........:
Cam. ����OF C0v__
rEN
1111111111111111111111111111111���I�1111111111111III
2 of 2 R 10.00 0 0.00 Weld County CO SCHEDULE"A"
PARCEL I:
The North 161 feet of Lot 8 of the NE %of the NW ' of Section 30, according to the
subdivision of said Section 30, all in Township 5 North,Range 65 West of the 6th
P.M.,by the St. Louis Western Colony,Weld County,Colorado.
PARCEL H:
That portion of Lot 1,of the NE 'A of the NW '/ of Section 30,Township 5 North,
Range 65 West of the 6th P.M., according to the subdivision of lands by the St. Louis
Western Colony, Weld County,Colorado, more particularly described as follows:
Beginning at the southeast corner of said Lot 1; thence along the East line of said
Lot 1,North 00 degrees 02 minutes 37 seconds East 17.11 feet to an existing fence
line; thence along said fence line South 89 degrees 34 minutes 35 seconds West
300.14 feet to the West line of said Lot 1; thence along said West line, South 00
degrees 03 minutes 20 seconds West 11.40 feet to the Southwest corner of said Lot 1;
thence along the South line of said Lot 1,South 89 degrees 20 minutes 00 seconds
East 300.15 feet more or less to the Point of Beginning.
All in the County of Weld, State of Colorado.
DEC-08-2003 MON 10:59NATCO GREELEY FAX HO, 970 304 9(p P. 02
4 , ,
1.1re-'a;r'S MEMORANDUM
TniS DOCUMENT WAS FOUND
T'0 BE INADEQUATE FOR
--, ;CANNUNLa PURr OSCS.
Qf1} Cd iRl Ate,,,
0'38 THIS DEED,Made on December 4, 2003
between Carl 0. Hatton and Leelee T. Hatton
of the *County of weld and State of
Colorado,grantors),and 3801 17th, LLC, a Colorado Limited
Liability Company
whose legal address is
aa- of the Comity of weld and State of Colorado,graters),o
07
miE 8 WITNESSETH,That the grantors),for and in consideration of the mm of
Ira. it
V Five dollars and no cents
the receipt and sufficiency of which is hereby acknowledged,ha V9 remimd,releuad,mid and QUITCLAIMED,aid by these
omeatus do do remise,release,sell and QUITCLAIM unto the granters), their heies,successorsandassigns,forever,all
=CJ the right,title,interest,claim end demend which the grantors)have in and to the real property,together with improvements,
a 0 o if any,situate,lying and being in the County of Weld and State offbbrado,desenbcd
y as follows: Parcel I:
a o o The North 161 feet of Lot 8 of the NE 1/4 of the NW 1/4 of Section 30, according
�$�d to the subdivision of said Section 30, all In Township 5 North, Range 65 west of
LIM26 the 6th P.M., by the St. Louis Western Colony, County of Weld, State of Colorado.
Parcel II:
N That portion of Lot 1, of the NE 1/4 of the NW 1/4 of Section 30, Township 5
as= North, Range 65 Weet of the 6th P.N., according to the subdivision of lands by
S the St. Louis Western Colony, Weld County, Colorado, more particularly described
aevo as follows: Beginning at the Southeast corner of said Lot 1; thence along the East
�pO line of said Lot 1 North 00°02.37^ Bast 17.11 feet to an existing fence line;
N thence along said fence line South 89°34'35" Weat 300.14 feet to the West line of
8�
=og said Lot 1; thence along said West line South 00903.20• West 11.40 feet to the
cs •
ao Southwest corner of said Lot 1; thence along the South line of said Lot 1, South
r��to
89°20'00" East 300.15 feet more or less to the Point of Beginning, County of Weld,
aaaa § State of Colorado.
4—
a2' o •
r
also(mown by street and number as: 3801 17th Avenue
Evans, CO 80620
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and priveleges thereinto belonging
or in anywise thereunto appertaining,and a4 lbe carat0.right,title,interest,and claim whatsoever,of the grantor(s),either in law
or eatyity,to the only proper use,benefit and behoof of the grantee(a) their heirs and assigns forever.
IN WITNESS WHEREOF,The grantors)ha ye executed this deed en the date set forth above.
j‘ljtte /LL,^,--
rl C. Hatton T. Hatton
STATE of ODLDl1ADO ,-�ppY�pVB 14
s.s. ;—.�Or... ,lid th
County of (� i y s
The fo o insWtuent was blowldad berm me 011 December 4, 2003 j f VERA ,• ,i
by 1o. Hatton and Leelee T. ttton i $ MORONES
ti a. r0;
Witness my hand and 1;ibai o •'p05
My commission expires. e;Fil`• ,_, •e'"OQs
/7 �- t\\� F•C0t
t.'.(r /. fla's % k,,. eillwRac rt.
9 Pn•
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Name and Address of Person Credos Newly Legal Description(38.35.106.5,C.R.S.)
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RE: ACTION ' `I a �� a / o :ARL HATTON/A
NEW DM ^ +0 M0 CM - :OUNTY CODE
claIII` o O (J/ _ 4 W 4J O
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WHEREP �Q .iOooaom - rado, pursuant to
Colorado statute so .$ a or fi0zo - the authority of
3i�Nn oo Lai mu* -
administering the a@WOtisi
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WHEREA zwwWzm i9, is allegedly in
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violation of the Vb • . A 0! tiCI
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WHEREA w z , = a violation has not
been corrected, < z w 0
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WHEREA w fore the Board of
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WHEREP
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Oho vas in compliance
WHEREP Z o ? iT7o P
and deems it adv G IN
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NOW, TH iii ssioners of Weld
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County, Coloradc t.i
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LL Pl_I VICA. 2011-1663
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