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HomeMy WebLinkAbout20100044.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION REGARDING VIOLATION #0900308 AGAINST KENNETH AND BECKY PENNINGTON 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, Kenneth and Becky Pennington,ZCV#0900308,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 12th day of January, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Kenneth and Becky Pennington were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Kenneth and Becky Pennington 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. 2010-0044 PL0824 /9L , ( /tic- OL)(03/t0 VIOLATIONS -ZCV#0900308- KENNETH AND BECKY PENNINGTON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of January, A.D., 2010. �A�"�► BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C E9 hougl.. Radema er, Chair Weld County Clerk to the ,` , EXCUSED ;1 \\ Barbara Kirkmeyer, Pro-Tern Bvh, S La, - C 1 !COI Dep' y Cler to the Board Sean P onway AP VEDA RM: F. arcia Cou Attorney cN.� -cn David E. Long � J Date of signature: I//d/0 117 2010-0044 PL0824 Violation Summary Report BASIC INFORMATION PENNINGTON KENNETH WAYDE & BECKY S 10564 CR 24.5, FORT LUPTON, CO 80621 DBA: KPI Electric, Inc Compliance Officer: Bethany Salzman Violation Number: ZCV09-00308 Situs Address: 10564 CR 24.5 Parcel #1 Legal: PT W2SE4 2-2-67 LOT A REC EXEMPT RE-4846 Parcel Number: 131102400086-R6777853 Acreage: 3.838 +/- Parcel #2 Legal: PT W2SE4 2-2-67 LOT B REC EXEMPT RE-4846 Parcel Number: 131102400087-R6777854 Acreage: 16.209 +/- Location: Location South of and adjacent to CR 24.5 and East of CR 21.5 North Agriculturally zoned properties and approximately 1/2 Mile South of Lupton Meadows - DVSN 2 (Agriculture) South Agriculturally zoned properties East Agriculturally zoned properties and approximately 2 miles West of Hwy 85 West Moorea Manor(Estate) and Agriculturally zoned properties Certified Mail Date: 12/11/2009 Received: 12/17/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.D Home Occupations. 23-3-30.M Parking and operation of one (1)COMMERCIAL VEHICLE on property of less than eighty(80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty(80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty(60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. REMEDY As I have previously indicated in my letters and we have discussed over the phone, the operation of an electric company(dba: KPI Electric, Inc.)from the property would require a Use by Special Review (USR) permit. The first step in this process is a Pre-Application Request meeting. This step is completely free to the application, but does require submittal of a short application. My records indicate that I have previously sent the application or see the following web address: 2010-0044 Violation Summary Report http://www.co.weld.co.us/departments/planning/PI anni ng/Procedural_Gu ides6-15-08/PreAppl ication%2 0Request%20(2).pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning &Zoning (click on this link)Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 10/06/2009 Complaint Validated 10/06/2009 LTTR: 5 Day Letter 10/21/2009 LTTR: Violation Notice 12/11/2009 LTTR: Hearing Notification OTHER CASE HISTORY 10/06/2009 Phone Call I called Kenneth Pennington (785-2289)and left him a courtesy phone message about the complaint. 12/17/2009 Certified Mail Receipt Certified Receipt received - signed 1711 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail: bsalzman@co.weld.co.us COLORADO December 11, 2009 PENNINGTON KENNETH WAYDE & BECKY S 10564 CR 24.5 FORT LUPTON, CO 80621 Case: ZCV09-00308 Legal Description: PT W2SE4 2-2-67 LOT A REC EXEMPT RE-2788 (.37R) SITUS: 10564 24.5 CR WELD Dear PENNINGTON KENNETH WAYDE & BECKY S: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 01/12/2010 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 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.D Home Occupations. 23-3-30.M Parking and operation of one(1)COMMERCIAL VEHICLE on property of less than eighty(80)acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5)COMMERCIAL VEHICLES from property equal to, or greater than, eighty(80)acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty(60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: As I have previously indicated in my letters and we have discussed over the phone, the operation of an electric company(dba: KPI Electric, Inc.)from the property would require a Use by Special Review (USR) permit. The first step in this process is a Pre-Application Page 1 of 2 41 WELD COUNTY PLANNING DEPARTMENT 10,/ei(\f" Bethany Salzman Zoning Compliance Officer II 918 10th St g C Greeley, CO 80631 Phone 970-353-6100 X 3555 FAX:AX: 970-304-6498 COLORADO E-Mail: bsalzman@co.weld.co.us Request meeting. This step is completely free to the application, but does require submittal of a short application. My records indicate that I have previously sent the application or see the following web address: http://www.co.weld.co.us/departments/planning/Planning/Procedural_Gu ides6-15-08/PreAp pl i cati on%20Request%20(2).pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning &Zoning (click on this link)Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link(the 3rd one down). 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 action 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. Sincerely, m� iy astal a�ryvice M �Ey�Ey LLi Er Lr.l is ILL I;1do saran eCcve .. N ‘Domestic ManOnly;JYnNnsurancerovensge Provided) 4mralelhmry intormatlonuisilourwsbstteatarwwalsps.corn® Bethany Salzm Zoning Compliance Officer II Lin 1 pc: ZCV09-00308 Postage $ rR Certified Fee O Postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ra H Total Pastor's&Fees $ Ln O ;;en rf r N l t �.G � t r Y xrt. C .. t<.J Page 2 u D x r " ;'' r iseq*ampue'rorti., . ..-. rscf WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: -304-6498 E-Mail:bsalzman@co.weld.co.us :bssa man@co.wed.c.us COLORADO October 21, 2009 PENNINGTON KENNETH WAYDE & BECKY S 10564 CR 24.5 FORT LUPTON, CO 80621 Case: ZCV09-00308 Legal Description: PT W2SE4 2-2-67 LOT A REC EXEMPT RE-2788 (.37R) SITUS: 10564 24.5 CR WELD Dear: PENNINGTON KENNETH WAYDE & BECKY S : 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 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.D Home Occupations. 23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 23-3-40 Uses by special review 23-3-40.0 HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: The operation of an electric company (dba: KPI Electric, Inc.) from the property would require a Use by Special Review(USR) permit. The first step in this process is a Pre-Application Request meeting. This step is completely free to the application, but does require submittal of a short application. Please see the enclosed application or see the following web address: http://www.co.weld.co.us/departments/planning/Planning/Procedural_Guides6-15-08/PreAp plication%20Request%20(2).pdf Page 1 of 2 Kr' t'r fat WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer 11 918 10th St Greeley, CO 80631 wig FAX: 70-304-6498 C Phone: 970-353-6100 X 3555 E-Mailtsalzman@co.weld.co.us o.us COLORADO This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). 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 11/23/2009.. 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 to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, y ifaid4r Bethany Salzma Zoning Compliance Officer II pc: ZCV09-00308 Page 2 of 2 Print Form : Submit by Email WELD COUNTY PRE-APPLICATION REVIEW REQUEST 1 • 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 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 wvwv.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- Zoning Range Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name �-p (y Is this property currently in violation? 18f Yes r No Case Number Z1 LT� — (_�.'r Jr� Preferred date and time for meeting: Xi Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services 918 10th Street, 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: rief project narrative explaining re u ❑ Conceptua wing tructures,parking,nearby roads, and driveway access ❑ Existing contours an pose g ❑ Conceptual • ' age ❑ Con al building elevations onceptual landscape plan • FOR (USR) USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures,parking,nearby roads,and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan F R (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): ❑ Brief projec e explaining request ❑ Exhibit showing desired c a o made ❑ Location map showing property,surroun ' _ acent uses ❑ Conceptual zoning map show rrent and proposed zoning ❑ Conceptual site 1 wing all structures,parking,nearby roads, and drive ccess ❑ Existi g ours and proposed grades FL] -Conceptual drainage ❑ Conceptual landscape plan Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 '-i - t U-r-- ) Ccr r r&.2,J Vey U-e..- L,n C68,DDT. `C- Cl� CERTIFICATE OF COMPLIANCE FOR A HOME OCC... ATION ki> &i `M1 } Prior to submitting a Certificate of Compliance for a Home Occupation, please take a moment to consider whether the business that you are proposing to operate from your property can be best described with the definitions from Chapter 23, Section 23-1-90 of the Weld County Code as a "Home Business" or a "Home Occupation".The definition of a Home Occupation is shown on page 3 of this document. A Home Business may require a Use by Special Review(USR) permit and is defined as follows: HOME BUSINESS: An incidental USE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. Ordinarily, a HOME BUSINESS shall not be interpreted to include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTELMOTEL, RESTAURANT, mortuary and organized classes where m ore than six (6) persons meet together for instruction on a regular basis(does not include classes sponsored by a PUBLIC SCHOOL). If you are uncertain if your business can be considered a Home Occupation, please submit a letter outlining the following information. Planning Services will review your letter determine if your proposal will require a Use by Special Review (USR)or a Certificate of Compliance. Please do not hesitate to call the Department of Planning Services if you have questions. The number of employees. The hours of operation. Situs address. The exact location of the business(for instance, is it located within a room in the home or is it located in the garage or an outbuilding?). If it is located within the home,what are the dimensions of the room in which the business is conducted? Is there outside storage of materials or equipment? How many customers are expected to visit the site per day or per week? What kind of advertising for the business is there at the site, including signs, the name or logo on trucks or company cars, etc.? How many and what type of vehicles associated with the business will be parked on the site. How will the company vehicle(s) be reasonably concealed and appropriately screened from all adjacent properties and public rights-of-way? Is there any offensive noise, vibration, smoke, dust, odors, heat, glare or electrical interference or other hazard or nuisance noticeable outside of the home of the business or off the Lot(if the business is conducted within a garage or outbuilding)? Copy of a recorded deed identifying subject property and legal description. WELD COUNTY PLANNING DEPARTMENT Bethany Salzman iff c#,M(‘., Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 C FAX: 970-304-6498 E-Mail: bsalzman@co.weld.co.us COLORADO October 06, 2009 PENNINGTON KENNETH WAYDE & BECKY S 10564 CR 24.5 FORT LUPTON, CO 80621 Case: ZCV09-00308 Legal Description: PT W2SE4 2-2-67 LOT A REC EXEMPT RE-2788 (.37R) SITUS: 1O564 24.5 CR WELD Dear PENNINGTON KENNETH WAYDE & BECKY S: 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 operation of an electric company (dba: KPI Electric, Inc.) from the property would require a Use by Special Review (USR) permit. The first step in this process is a Pre-Application Request meeting. This step is completely free to the application, but does require submittal of a short application. Please see the enclosed application or see the following web address: http://www.co.weld.co.us/departments/planning/Plan ning/Procedural_Guides6-15-08/PreAp plication%20Request%20(2).pdf Req uest%20(2).pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning & Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). 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, � P n ethany Salzma ' Zoning Compliance Officer II pc: ZCV09-00308 Page 1 of 1 Print Form Submit by Email 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 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 wvsw.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-.e..:c Zoning Range Parcel Number Acreage Site Address Water Source Legal Description Sewer .;q Owner Name S Is this property currently in violation? )(Yes 7 No Case Number -C ?VL%I Preferred date and time for meeting: Office Use Only Project Title: Description: Review Date: Meeting Date/Time: Weld County Department of Planning Services 918 10th Street, 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-‘("SR) SITE PLAN REVIEWS: ❑ Brief p t narrative explaining request ❑ Conceptual site howing all structu , ar-ing, nearby roads,and driveway access ❑ Existing contours and prop es fl Conceptual drainag ❑ Concep 1 ding elevations ceptual landscape plan Mttncepth t f) itri towing all structures,parking;nearby roads,and dnveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan FO i2 PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ ❑ Brief pro' arrative explaining request ❑ Exhibit showing changes to be ma ❑ Location map showing prop unding area and adjacent uses ❑ Conceptual zoning ma 'ing curren o osed zoning ❑ Conceptual site • showing all structures,parking, roads,and driveway access ❑ Existing ours and proposed grades ❑ C eptual drainage Conceptual landscape plan Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Identify Results Page 1 of 4 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0164601 Parcel#: 131102000014 Tax Area: 2191 Bordering County: Acres: 19.8 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 4° 02 67 02 0 V / Owners Name &Address: Property Address: PENNINGTON KENNETH WAYDE & Street: 10564 24.5 CR / _( I 10564 CR 24.5 City: WELD / 'c71 FORT LUPTON, CO 80621 Additional Owners: PENNINGTON BECKY S Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 5/18/2007 $435,000 WD 3485659 Legal Description PT W2SE4 2-2-67 LOT A REC EXEMPT RE-2788 (.37R) SITUS: 10564 24.5 CR WELD Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4117 Acres 9.05 Agricultural 4147 Acres 10.75 Land Subtotal: 19.8 $4,913 $1,420 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building 3 Out Building 4 Out Building 5 Out Building 6 Out Building 7 Out Building Improvements Subtotal: $165,320 $18,710 Total Property Value $170,233 $20,130 Building Details Account#: R0164601 Parcel#: 131102000014 Owners Name&Address: Property Address: PENNINGTON KENNETH WAYDE& Street: 10564 24.5 CR 10564 CR 24.5 City: WELD http://maps2.merrick.com/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=13110... 10/1/2009 Identify Results Page 2 of 4 FORT LUPTON, CO 80621 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1930 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1970 # of Baths: 1 Roof Type: # of Bdrms: 3 Roof Cover: Wood Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 280 Basement: Total SQ Ft: 0 Finished SQ Ft: 0 Account#: R0164601 Parcel#: 131102000014 Owners Name &Address: Property Address: PENNINGTON KENNETH WAYDE & Street: 10564 24.5 CR 10564 CR 24.5 City: WELD FORT LUPTON, CO 80621 Building# Property Type 2 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: Account#: R0164601 Parcel#: 131102000014 Owners Name &Address: Property Address: PENNINGTON KENNETH WAYDE & Street: 10564 24.5 CR 10564 CR 24.5 City: WELD FORT LUPTON, CO 80621 Building# Property Type 3 Out Building Individual Built As Detail Built As: Dairy Milking Parlor Year Built: 1973 Exterior: Wood Frame Siding HVAC: None Interior Finish: Built As SQ Ft: 953 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 10/1/2009 Identify Results Page 3 of 4 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0164601 Parcel#: 131102000014 Owners Name &Address: Property Address: PENNINGTON KENNETH WAYDE& Street: 10564 24.5 CR 10564 CR 24.5 City: WELD FORT LUPTON, CO 80621 Building# Property Type 4 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1973 Exterior: HVAC: None Interior Finish: Built As SQ Ft 1239 # 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: Account#: R0164601 Parcel#: 131102000014 Owners Name &Address: Property Address: PENNINGTON KENNETH WAYDE & Street: 10564 24.5 CR 10564 CR 24.5 City: WELD FORT LUPTON, CO 80621 Building# Property Type 5 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1982 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1264 # 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: Account#: R0164601 Parcel#: 131102000014 Owners Name&Address: Property Address: PENNINGTON KENNETH WAYDE & Street: 10564 24.5 CR http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 10/1/2009 Identify Results Page 4 of 4 10564 CR 24.5 City: WELD FORT LUPTON, CO 80621 Building# Property Type 6 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1974 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: Account#: R0164601 Parcel#: 131102000014 Owners Name &Address: Property Address: PENNINGTON KENNETH WAYDE & Street: 10564 24.5 CR 10564 CR 24.5 City: WELD FORT LUPTON, CO 80621 Building# Property Type 7 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/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 10/1/2009 DEPARTMENT OF PLANNING SERVICES N(it iue Code Compliance Division 10'h Street, Greeley, CO 8O631 I918Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT e Staff"Naino pQ Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS /PEST&WEEDS Date Complaint was received: LO Pending Case#(i.e. USR, RE, SE,ect...): '�" ^�-�q IC ttin LA) y Legal Description: Let (\ ?...k-& 1 ) ��a L� �� Parcel#: V7-3\\ 'c J-' >` C)�C'1 Violation Address: k C2_- LL�a .s- _���.,�ct,��; p Property Owners Name: �� 1yfik'O1 1l trcv��`��j""" )a tQ FS Phone: igra- ,�}q Property Owners Address: - ;6'C 1,LJt„c71-cvm f Co 6pub Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: CAC( ,(_ , C cx CQcu� 'tfibitt )Q Additional Notes: Colorado Secretary of State -Filed Date and Time: 12/28/2008 08:17 AM Document processing fee ID Number: 19971185529 If document is filed on paper $100.00 If document is filed electronically $ 10.00 Document number: 20081664785 Late fee if entity is in noncompliant status Amount Paid: $10.00 If document is filed on paper $ 50.00 If document is filed electronically $ 40.00 Fees& forms/cover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. 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: 19971185529 Entity name: KPI ELECTRIC, INC. Reinstated 2004 Jurisdiction under the law of which the entity was formed or registered: Colorado 1. Principal office street address: 10564 CR-24 1/2 (Street name and number) Fort Lupton CO 80621 (City) (State) (Postal/Zip Code) United States (Province—if applicable) (Country- if not US) 2. Principal office mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (PostaUZip Code) (Province-if applicable) (County—if not US) PENNINGTON KENNETH W 3. Registered agent name: (if an individual) (Last) (First) (Middle) (Stffx) OR(if a business organization) 4. The person identified above as registered agent has consented to being so appointed. REPORT Page I oft Rev.07/17/08 5. Registered agent street address: 10564 CR-24 1/2 (Street name and number) Fort Lupton CO 80621 (Cho (State) (Postal/Zip Code) 6.-Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) (City) (State) (PostalZip Code) (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: Pennington Kenneth W (Last) (Pint) (Middle) (.Suffix) 10564 CR-24 1/2 (Street name and number or Post Office Box information) Fort Lupton CO 80621 (Cigd (State) (PostaULip 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 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 afsuch 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.07/17/08 Colorado Secretary of State Date and Time: 01/28/2008 09:36 AM Document Processing Fee Id Number: 19971185529 If document is filed on paper: $150.00 If document is filed electronically: $100.00 Document number: 20081053868 Fees& forms/cover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents,visit wwwsosstate.co.us and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE usE ONLY Statement Curing Delinquency filed pursuant to §7-90-904 of the Colorado Revised Statutes(C.R.S) 1. For the delinquent entity, its ID number, entity name and jurisdiction of formation are ID number 19971185529 (Colorado Secretary of State ID number) Entity name KPI ELECTRIC, INC. Reinstated 2004 Jurisdiction where formed Colorado 2. By providing the information required herein, this statement corrects all grounds for delinquency cited by the secretary of state. 3. The registered agent name and registered agent address of the registered agent are Name PENNINGTON KENNETH W (if an individual) (Last (first) (Middle) (Suffix) OR (if an entity) _ (Caution: Do not provide both an individual and an entity name). The person appointed as registered agent above has consented to being so appointed. Street address 10564 CR-24 1/2 (Street number and name) Fort Lupton CO 80621 (City) (State) op Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) CO (City) (State) (Zip Code) (It tlw following statement applies.adopt the statement by marking the box.) ❑ The mailing address in the records of the Secretary of State is no longer different than the street address and is no longer required. CURE_DLQ Page I of 3 Rev.01/01/2008 4. The principal office address of the entity's principal office is Street address 10564 CR-24 1/2 (Street number and name) Fort Lupton CO 80621 (City) Ur(S/aee)States(PostalZipCode)- (Province-if applicable) (Country—if not US) Mailing address (leave blank if same as street address) (Street number and name or Post Once Box information) (City) Uniili States(Postal/Zip Code) (Province—if applicable) (Country—if not US) (if the following statement applies.adopt the statement by marking the box.) ❑ The mailing address in the records of the Secretary of State is no longer different than the street address and is no longer required. 5. (lfthe following statement applies,adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 6. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) ((f the,following statement applies,adopt the statement by entering a date and.if applicable.time using the required format.) The delayed effective date and, if applicable,time of this document is/are (mm/dd(vyyy hour:minute am/pm) 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. The true name and mailing address of the individual causing the document to be delivered for filing are Pennington Kenneth Wayde 10564 Curit'24 1/2 (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Fort Lupton CO 80621 (Cipy (State) (Postal/Zip Code) (Province—if applicable) (Country—if not US) CURE DLQ Page 2 of 3 Rev.01/01/2008 (!f the following statement applies.adopt the statement by marking the has and include an attachment) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet,and any related instructions,are not intended to provide legal,business or tax advice, and are furnished without representation or warranty. While this form/cover sheet 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/cover sheet. Questions should be addressed to the user's legal,business or tax advisor(s). CURE DLQ Page 3 of 3 Rev.01101/2008 659 1111111 Hill Hill IIIII III JINNI IIIII III IIIII IIII IIII 3085659 06/25/2007 01:31P Weld County,CO 1 of 1 R 6.00 D 43.60 Steve Moreno Clerk 8 Recorder U1 WARRANTY DEED RECORDER'S STAMP THIS DEED,made this it day of May,2007,between MARK D.MULLENAX AND REINA M.MULLENAX of the County of PR/Ni/ tate of MARYLAND,grantor(s),and I / KENNETH,i�11 .PENNINGTON AND BECKY S.PENNINGTON /whose legal address D is 10564 WELD COUNTY ROAD 24-1/2,FORT LUPTON,/ CO 80621 of the County of WELD,Slate of Colorado, '1,,, (.. 4 43,LD, grantee(s) WITNESS, that the grantor(s), for and in consideration of the sum of Four Hundred Thirty-Five Thousand and 00/100, ($435,000.00)lhe receipt and sufficiency of which is hereby acknowledged,have/has granted, bargained, sold and conveyed, and by these presents do(es)grant,bargain.sell,convey and confirm unto the grantees,their heirs and assigns forever,not in tenancy in common but in joint tenancy, all the real property together with improvements, if any,situate,lying and being in the County of WELD,State of Colorado,described as follows: LOT A OF RECORDED EXEMPTION NO. 1311-2-4-RE2788,RECORDED OCTOBER 2,2000 AS RECEPTION NO.2797246,BEING A PART OF THE W%OF THE SE Y.OF SECTION 2,TOWNSHIP 2 NORTH,RANGE 67 WEST OF THE 67"P.M.,COUNTY OF WELD,STATE OF COLORADO. also known by street and number as 10564 WELD COUNTY ROAD 24-1/2 ,FORT LUPTON,CO 80621, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and al the estate,right,title interest,claim and demand whatsoever of the grantor(s), 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(s),for him/herself,its/their heirs and personal representatives dotes)covenant,grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the unsealing and delivery of these presents are well seized of the premises above conveyed, have/had good, sure, perfect absolute and indefeasible estate of inheritance,in law,in tee simple,and have/had 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 sorever, EXCEPT FOR TAXES FOR THE CURRENT YEAR AND SUBSEQUENT YEARS, EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD IF ANY:AND DISTRIBUTION UTILITY EASEMENTS;AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE;AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT; AND BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL I AGREEMENTS,IF ANY AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. I 7006-63237 ISSUED BY GUARDIAN TITLE AGENCY.LLC. The grantor(s)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 I part thereof. T ESS WHERE the grantor(s)have/had executed this deed on the date set forth above. IN ARK D.MULLENAX REINA M.MULLENAX STATE OF MARYLAND County of f NI!Grti{J� }ss. / The foregoing instrument was acknowledged before me this /t day of May,2007,by MARK D.MULLENAX AND REINA M. MULL ENAX. My commission expires:_Q0721, /Witness my hand and official seal. * eiv`.%/ GUARDIAN TI ° °° :'.;� ,.......,• ft ROBERTJ.MIGNON+�(s. p'•. �j'.. NOTARY PUBLIC STATEOF 4 1. FILE# My Commission Expires JunaM 2g,2009 C J W /Name and Address of person Creating Newly Created Legal Description(§38-35-105,C.R.S.) Warranty Deed-Joint Tanzri6"" i wit evr • di 0 -ii. 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