HomeMy WebLinkAbout20102657.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ZCV #1000134 AGAINST ALLES
REVOCABLE TRUST/HERBAL WELLNESS, LLC 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, Alles Revocable Trust, do Herbal Wellness, LLC, ZCV #1000134, 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 9th day of November, 2010, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Harry Alles, property owner and Ruth Barber, owner, Herbal Wellness, were
present at said hearing and provided testimony, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until December 9, 2010, to allow adequate time for
Herbal Wellness, LLC, to submit an application for a Non-conforming Use permit to the
Department of Planning Services.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that ZCV #1000134 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Alles Revocable Trust/Herbal Wellness, LLC, to remedy
the violation of the Weld County Code, and any other persons occupying the properties, any
persons claiming an interest in the properties, and any persons acting in active concert with the
identified parties, with an instruction for delay of action upon such referral until
December 9, 2010, to allow adequate time for a Non-Conforming Use permit to be submitted to
the Department of Planning Services.
C C, P� , V;ol , DPcrt k
1- 1-1-7/ 2010-2657
PL0824
VIOLATIONS -ZCV#1000134 -ALLES REVOCABLE TRUST/HERBAL WELLNESS, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of November, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
>t,\\ I . / �S ELD COUNTY, COLORADO
ATTEST: ,_ r� r r-:: ' A -?e,?,;6,-,„4/„..) aye
'- gl.s Rademache', Chair
Weld County Clerk to the Bo-
a e
( ' .Of ���� ! rbara� Kirkmey Pro-Te
Dept Cler tq the Board aye
Sean P. ony✓�.
(., )
APPROVZD ASJ : no
`/ William F. lcia
"'County Attorney EXCUSED
David E. Long
/
Date of signature: �//III
2010-2657
PL0824
WIIDC
COLORADO Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV10-00134 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 22360 CR 54
ALLES HARRY LEE REVOCABLE TRUST
Mailing Address: 2131 SPRINGS PLACE
LONGMONT, CO 80504-7351
VIOLATION CONTACTS:
HERBAL WELLNESS, LLC 6410 S COLLEGE 970-377-0405
(Tenant) FORT COLLINS, CO 80525
PARCEL:
096126200075-R3501005 Acreage: 142.19
Legal Description: PT NW4 25-5-65 LOT D REC EXEMPT RE-4010 (3.45R3.33D)
LOCATION:
Location: South of and adjacent to CR 54 (aka 37th St) and East of and adjacent to CR 45
North: Agriculturally zoned properties and approximately 1 mile South of Hwy 34
South: Agriculturally zoned properties
East: Agriculturally zoned properties and approximately 3 miles West of Kersey Municipal boundaries
West: Agriculturally zoned properties and approximately 1 3/4 miles East of Evans Municipal boundaries
NOTIFICATION INFORMATION:
Certified Date 10/25/2010
Certified Reference Number 7008 3230 0000 0473 2618
Certified Receipt Date 10/29/2010 (for both property owner and tenant)
VIOLATION DESCRIPTION:
Chapter 23, Article 111(3), Division 1 "Agriculture Zone District"
Section 23-3-20 "Uses by Right"
Section 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."
Section 23-4-1000 "Prohibition of cultivation, manufacture, distribution or sale of medical marijuana or medical
marijuana infused products in any zone district."
Section 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."
Section 23-4-1020 "Definitions"
VIOLATION REMEDY:
As we discussed commercial growing operations are not an allowed use within Weld County. 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. 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.
2010-2657
MoCe4;
vgive
COLORADO Planning Department
ZONING VIOLATION CASE SUMMARY
RECOMMENDATION:
The Department of Planning Services recommends that this case be forwarded to the County
Attorneys Office for immediate legal action.
WORKFLOW SUMMARY:
Case Initiation 10/14/2010 Initiated
Violation 10/19/2010 5 Day Letter
Violation 10/25/2010 Hearing Notification
OTHER CASE HISTORY:
10/25/2010 Phone call Ruth(?) from Herbal Wellness in Fort Collins called. She
explained that she just received my letter. She explained they had
been operating from that location for quite some time. She indicated
that they called our office and spoke to"someone" and they also
spoke to the DA's Office. I explained the Nonconforming Use permit
requirement. I also explained that we were not accepting any new
applications. I advised her of the Violation Hearing. She indicated
she wanted to pursue that avenue. I asked her to send me an e-mail
requesting the hearing. She said she would. Herbal Wellness, LLC
Attn: Floyd Barber, 610 S College, Fort Collins, Co 80525 -The
office number is 970-377-0405 - her cell number is 970-689-1585
10/25/2010 E-mail received From: L. B. [mailto:freemedmj@gmail.com]
Sent: Monday, October 25, 2010 8:56 AM
To: Bethany Salzman
Subject: Emergency Hearing on Violation-Request
RE: Zoning Violation Case; ZCV10-00134
Dear Ms.Salzman,
As discussed over the phone this morning, we are requesting the
earliest possible date for an Emergency Hearing in front of your
council about the above Zoning Violation Case for the Grow location
for Herbal Wellness LLC; a Medical MJ Center.
When the moratorium talk was started for the Unincorporated Weld
county we contacted the Weld county zoning as well as the talked
with Bruce Barker, Weld county D.A. explaining how we are a
dispensary here and had started the grow in the Weld county
location before the Moratorium was talked about. We were advised at
that time, that as long as this was started BEFORE the moratorium
it would be fine. Unfortunately there were never a mention at that
time of any paperwork that had to be filed, perhaps it was not even
known requirement at that time ? Therefore we proceeded even to
the State licensing application and also named it as one of our grow
locations, and paid the state fee of$1500 for that address.
Unfortunately, and long story short; We were NOT aware of the
requirement you explained over the phone this morning of a
'non-complying status' form that had to be filed for the grows for
dispensaries that were existing before the Moratorium.
We sincerely want to apologize for not knowing this new requirement
in Weld County and we are respectfully requesting if the council
would please let us do that now to bring this grow location for our
patients out of the "violation status" by letting us fill in this paperwork
Wi`De
COLORADO Planning Department
ZONING VIOLATION CASE SUMMARY
required. We would have certainly never let this oversight happen if
we would have know that paperwork had to be filed.
We will be there on Nov.9th, 2010 at 10 am for your first available
meeting, unless of course there is an earlier opportunity to come in.
If so, please advise !
Thank-you
10/25/2010 Office visit Marion Mallard (303-775-4165) trustee of property came to the
Greeley Planning Office. I walked her through why the property was
in violation and what the hearing would entail. I recommended she
write a speech so she was able to say everything she wanted. She
said that was a good idea and would work on it.
10/29/2010 Certified receipt Certified Receipt received - signed (Herbal Wellness)
10/29/2010 Certified receipt Certified Receipt received - signed (Alles Harry Lee Revocable Trust)
INSPECTION SUMMARY:
Zoning Inspection 09/16/2010 Noncompliance Bethany Salzman
Inspection Result Comment Investigator Carmichael conducted an inspection. Verbal confirmation of 600 +/-
plants. See inspection report.
hiDe.
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
October 25, 2010
ALLES HARRY LEE REVOCABLE TRUST
2131 SPRINGS PLACE
LONGMONT, CO 80504-7351
HERBAL WELLNESS, LLC
ATTN: FLOYD BARBER
6410 S COLLEGE
FORT COLLINS, CO 80525
Zoning Violation Case: ZCV10-00134
Situs Address: 22360 CR 54
Legal Description: PT NW4 25-5-65 LOT D REC EXEMPT RE-4010 (3.45R3.33D)
Dear Alles Harry Lee Revocable 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
11/0912010 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 "Agriculture Zone District"
Section 23-3-20 "Uses by Right"
Section 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."
Section 23-4-1000 "Prohibition of cultivation, manufacture, distribution or sale of medical
marijuana or medical marijuana infused products in any zone district."
Section 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."
Section 23-4-1020 "Definitions"
iggige
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 we discussed commercial growing operations are not an allowed use within Weld
County. 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. 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.
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 r„o
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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
October 20, 2010
ALLES HARRY LEE REVOCABLE TRUST
C/O MARION MALLARD
2131 SPRINGS PLACE
LONGMONT, CO 80504-7351
Zoning Violation Case:ZCV10-00134
Situs Address: 22360 CR 54
Legal Description: PT NW4 25-5-65 LOT D REC EXEMPT RE-4010 (3.45R3.33D)
Dear Alles Harry Lee Revocable Trust:
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:
Commercial growing operations are not an allowed use within Weld County. 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 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. 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.
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,
1.. 0(netkik
Bethany Salzman
Zoning Compliance Officer II
File: ZCV10-00134
Identify Results Page 1 of 4
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R3501005 Parcel#: 096126200075
Tax Area: 0696 Bordering County:
Acres: 142.86
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
05 - 65 - 26 - 2 • - -
Owners Name&Address: Property Address:
ALLES HARRY LEE REVOCABLE TRUST Street: 22360 54 CR !'�
C/O MARION MALLARD City: WELD (i\V �
2131 SPRINGS PLACE
LONGMONT, CO 805047351
Business/Complex:
Sales Summer
Sale Date Sale Price Deed Type Rec ion #
$0
Legal Description
PT NW4 25-5-65 LOT D REC EXEMPT RE-4010 (3.45R3.33D)
Land Valuation Summary
Land T e Abst Code Unit of Number of Assessed
yp Measure Units Actual Value Value
Agricultural 4117 Acres 117,86
Agricultural 4117 Acres 25
Land Subtotal: 142.86 $75,948 $22,020
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
3 Out Building
4 Out Building
5 Out Building
6 Out Building
7 Out Building
Improvements Subtotal: $122,785 $14,210
Total Property Value $198,733 $36,230
Building Details
Account#: R3501005 Parcel#: 096126200075
Owners Name &Address: Property Address:
ALLES HARRY LEE REVOCABLE TRUST Street: 22360 54 CR
C/O MARION MALLARD City: WELD
2131 SPRINGS PLACE
LONGMONT, CO 805047351
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09612... 9/14/2010
Identify Results Page 2 of 4
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1951
Exterior: Frame Masonry Veneer HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1235
# of Baths: 1 Roof Type:
# of Bdrms: 2 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 5 Units: 0
Garage:
Attached SQ Ft: 0 Detached SQ Ft: 0
Basement:
Total SQ Ft: 1235 Finished SQ Ft: 1235
Account#: R3501005 Parcel#: 096126200075
Owners Name &Address: Property Address:
ALLES HARRY LEE REVOCABLE TRUST Street: 22360 54 CR
CIO MARION MALLARD City: WELD
2131 SPRINGS PLACE
LONGMONT, CO 805047351
Building* Pint
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1962
Exterior: HVAC:
None
Interior Finish: Built As SQ Ft: 3136
# 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#: R3501005 Parcel#: 096126200075
Owners Name &Address: Property Address:
ALLES HARRY LEE REVOCABLE TRUST Street: 22360 54 CR
C/O MARION MALLARD City: WELD
2131 SPRINGS PLACE
LONGMONT, CO 805047351
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1965
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1104
#of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
http://maps2.merrick.com/W ebsite/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=09612... 9/14/2010
Identify Results Page 3 of 4
# of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R3501005 Parcel#: 096126200075
Owners Name &Address: Property Address:
ALLES HARRY LEE REVOCABLE TRUST Street: 22360 54 CR
C/O MARION MALLARD City: WELD
2131 SPRINGS PLACE
LONGMONT, CO 805047351
Building# Property Type
4 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1965
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 168
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 0
Rooms: 0 Units: 0
Ga_ra_ge:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R3501005 Parcel#: 096126200075
Owners Name &Address: Property Address:
ALLES HARRY LEE REVOCABLE TRUST Street: 22360 54 CR
C/O MARION MALLARD City: WELD
2131 SPRINGS PLACE
LONGMONT, CO 805047351
Buildino# Property Type
5 Out Building
Individual Built As Detail
Built As: Barn Year Built: 1920
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1664
# 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#: R3501005 Parcel#: 096126200075
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09612... 9/14/2010
Identify Results Page 4 of 4
Owners Name &Address: Property Address:
ALLES HARRY LEE REVOCABLE TRUST Street: 22360 54 CR
C/O MARION MALLARD City: WELD
2131 SPRINGS PLACE
LONGMONT, CO 805047351
Building# Property Type
6 Out Building
Individual Built As Detail
Built As: Shed - Cattle Year Built: 1920
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 826
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R3501005 Parcel#: 096126200075
Owners Name &Address: Property_Address:
ALLES HARRY LEE REVOCABLE TRUST Street: 22360 54 CR
C/O MARION MALLARD City: WELD
2131 SPRINGS PLACE
LONGMONT, CO 805047351
Building# Property Type
7 Out Building
Individual Built As Detail
Built As: Shed - Cattle Year Built: 1920
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 532
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 1 Units; 0
GaragC:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/Website/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=09612... 9/14/2010
ai • 1111111 IIIII IIIII 1111111 III IIIII 1111111 III IIIII IIII IHI
3470470 04/20/2007 01:41P Weld County, CO
1 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder
PERSONAL REPRESENTATIVE'S DEED
(Testate Estate)
THIS DEED is made by William A. Bloskas as Personal
Representative of the Estate of Randall D. Alles, also known as
Randall Dale Alles , deceased, Grantor, to Marion Mallard, as
Conservator for Harry Lee Alles, A Minor , Grantee, whose legal
address is 2131 Springs Place, Longmont, Colorado 80504 , of the
County of Boulder , State of Colorado .
WHEREAS, Randall D. Alles, also known as Randall Dale Alles
died testate at Greeley, Colorado on March 29, 2006 ;
WHEREAS, Marion Mallard was appointed as the Conservator for
Harry Lee Alles, A Minor, by the District Court in and for Boulder
County, Colorado, in Case Number 2006 PR 446, on October 27, 2006 ;
WHEREAS, the Last Will and Testament of the above-named
decedent was made and executed in the lifetime of the decedent, and
is dated July 7, 1997 , which Will was duly admitted to informal
probate on April 17, 2006 , by the District Court in and for the
County of Weld , State of Colorado, Probate No. 2006 PR 125 ;
WHEREAS, Grantor was duly appointed Personal Representative of
said Decedent ' s Estate on April 17, 2006 , and is now qualified
and acting in said capacity.
NOW THEREFORE, pursuant to the powers conferred upon Grantor
by the Colorado Probate Code, Grantor does hereby convey, assign,
transfer, and set over unto said Grantee as the person entitled to
distribution of the property in the above-captioned Will the
following described real property situate in the County of Weld ,
State of Colorado:
The real property and improvements located thereon, known and
described as the Northwest Quarter of Section 26, Township 5
North, Range 65 West of the 6th P.M. , Weld County, Colorado,
also known and described as Lots A, B, C and D, of Recorded
Exemption Number 0961-26-2 RE-4010, as shown on the plat
thereof recorded February 15, 2005 under Reception Number
3261355 of the Weld County Records, Weld County, Colorado;
together with any and all interest of the decedent in and to
any oil, gas, and mineral rights upon such real property; and
together with eight (8) shares of the capital stock of the
Union Ditch Company and one (1) share of the capital stock of
the Union Well Augmentation Group, Ltd. ; and together with one
(1) irrigation well registered under Number 16094 as decreed
by the Water Court in and for Water Division 1, State of
Colorado, as shown on the Findings and Ruling of the Referee
recorded in Book 670 under Reception Number 1591775 of the
Weld County Records
1
I IIIMliii Hill 1111111111111111111111IIIIIIII MIIII
3470470 04/20/2007 01:41P Weld County, CO
2 of 6 R 31.00 0 0.00 Steve Morena Clerk&Recorder
also known by street number as 22360 Weld County Road 54 , Greeley,
Colorado 80631 .
(THIS DEED IS GIVEN TO THE PERSON ENTITLED TO DISTRIBUTION OF THE
ESTATE AND NO CONSIDERATION HAS BEEN GIVEN BY THE GRANTEE.
THEREFORE, NO DOCUMENTARY FEE IS REQUIRED. )
With all appurtenances, subject to the following: covenants,
conditions, rights-of-way, easements, reservations, and
restrictions of record; notes on the recorded plat ; easements,
encroachments and boundary line variances not shown by the public
records; general property taxes for the years 2006 and 2007; and
Deed of Trust executed by Randall Dale Alles dated March 8 , 2000
for the benefit of Herman Alles and Louise M. Alles, which Deed of
Trust was recorded on March 10 , 2000 under Reception Number 2754776
of the Weld County Records.
As used herein, the singular includes the plural and the
plural the singular.
Executed Or/id/l77--- , 2007 .
William A. Bloskas
Personal Representative of the
Estate of Randall D. Alles, aka
Randall Dale Alles, Deceased
STATE OF COLORADO
ss .
COUNTY OF WELD
, The forego instrument was acknowledged before me this
day of L
}k L.( , 2007, by William A.
Alles, as Personal Representative for the Estate of Randall D.
Alles, aka Randall Dale Alles , Deceased.
Witness my hand and official se
]���/� �// j&nZC-t/
',c,.• t�•/L'../ (.� �/ Notary Public
v d3G'�(€1279/k5/ 'aa /
•
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• CQR}tttission Expires : MYCommil on JoN01.200A
2
X1111111111111111111111 �Il 111111111111 III lull IIII ���I
3470470 04/20/2007 01:41P Weld County, CO
3 of 6 R 31.00 0 0.00 Steve Moreno Clerk& Recorder
h' District Court ❑ Denver Probate Court
Weld County, Colorado
Court Address: P.O. Box 2038, Greeley, CO 80632
IN THE MATTER OF El THE ESTATE OF:
* COURT USE ONLY
Case Number:2006 PR 125
RANDALL D. ALLES, aka RANDALL DALE ALLES, aka RANDY ALLES,
aka RANDY D.ALLES,aka RANDALL ALLES,
H Deceased U Protected Person ❑ Minor U Ward Division: 1 Courtroom:
LETTERS
(Name) William A. Bloskas was appointed or qualified by this Court or its Registrar on April 17,2006 as:
El Personal Representative. The decedent died on March 29, 2006 (date).
❑ These are Letters of Administration. (The decedent did not leave a will.)
El These are Letters Testamentary. (The decedent left a will.)
These Letters evidence full authority, except for the following limitations or restrictions, if any:
$12i2AS o4722zL,
Dated: April 17, 2006
(Deputy)Clerk or Registrar of Court
`This document was e-filed pursuant to Rule 121,§1.26. The original is in the Court's file.
CERTIFICATION
Certification Stamp or Certified to be a true copy of the original in my
custody and to be in full force and effect as of:
' : FEB 2 0 2007
Dated: t:
(Dp71y)Clerk of Coll
•
CPC 17 R1/03 LETTERS
This forms conforms in substance to CPC 17.
111111111111111111111111III111111111111III11111IIII1111
3470470 04/20/2007 01:41P Weld County, CO
4 0l 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder
DISTRICT COURT, WELD COUNTY. COLORADO
Court Address: P.O. BOX 2038. Greeley, CO 80632
Phone Number: (970) 351-7300
IN THE MATTER OF THE ESTATE OF:
RANDALL D. ALLES,aka RANDALL DALE
ALLES,aka RANDY ALLES,aka RANDY D.
ALLES, aka RANDALL ALLES
Case No. 2006 PR 125
Div.: 1
ORDER
1'HIS MATTER, having come before the Court upon the Petition to Distribute Assets to the
Conservatorship for Harry Lee Alles, A Minor, tiled herein by the Personal Representative. and
notice having been provided to all interested persons as provided by law, and the Court having
reviewed the file and being otherwise fully advised in the premises,
THE COURT HEREBY FINDS AND CONCLUDES that it is appropriate for the Personal
Representative to distribute the assets of this estate directly to the conservatorship established ti)r the
benefit of Harry Lee Alles, the Minor and sole beneficiary ol'this decedent's estate. Since the trust
established under the Last Will and Testament would only be in existence for less than six months,it
is appropriate for the assets to be distributed directly to the conservatorship for Harry Lee Alles.
IT IS THEREFORE ORDERED. ADJUDGED AND DECREED that the personal representative
is hereby authorized to distribute all of the remaining assets of the estate as shown on the Schedule of
Distribution directly to the conservatorship established for Harry Lee Alles, a Minor, in Case
Number 2006 PR 446, in the District Court in and for Boulder County, Colorado.
Dated this ''
day ofI f (Q.rck , 2007.
BY THE COURT:4-1 f?o/%
DISTRICT?OC'R1 JUDGE
At
'eiuzrm i,at fi/ar!pro'.<✓an/to hr't / 2/. .-1 p,;Wahl.,.,.,031 !J:.4(lo n,um/h'signed and�/.1 nrml, h n In:(7,u,!s ,?nrurue
r r Carl fd to'ba a full,true and correct• .i1c
,,.cg*Xd1-the original In my custody.
Dated lathadlyiaaa,
tiara of the District(Cww; Court
eld County, Cd orado
By/ 'II,Q,---2'}9v:IpD tiro-
Deputy
11111 11111 III 111111111111 III 11111 IIII IIII
3470470 04/20/2007 01:41P Weld County, CO
5 of 6 R 31.00 D 0.00 Steve Moreno Cleric& Recorder
EDistrict Court ❑ Denver Probate Court
Weld County, Colorado
Court Address: P.O. Box 2038, Greeley, CO 80632
IN THE MATTER OF THE ESTATE OF:
Q Deceased O Protected Person
RANDALL D. ALLES,aka RANDALL DALE ALLES,aka RANDY •
ALLES, aka RANDY D. ALLES,aka RANDALL ALLES •
! I
Attorney or Party Without Attorney(Name and Address): Case Number: 2006 PR 125
Charles J. Connell,Attorney at Law
2308 W. 29th Street, Suite 200
Greeley, CO 60631
Phone Number: (970)353-2507 E-mail: lawconnell@aol.com Division 1
I FAX Number: (970)353-2509 Atty. Req.#: 10035
SCHEDULE OF DISTRIBUTION
Names and Addresses Description of Personality and
of Oistributees Amount of Money Real Estate in Kind
Conservatorship established for Real property and improvements
Harry Lee Alles,a Minor,in located thereon consisting of a
Case Number 2006 PR 446, in 160-acre farm with a legal
The District Court of Boulder description of the Northwest
County,Colorado,with Marion Quarter of Section 26,Township
Mallard as the Conservator for 5 North, Range 65 West of the
Harry Lee Alles 6th P.M.,Weld County,Colorado.
2131 Springs Place along with any and all oil,gas
Longmont,CO 80504 and mineral rights owned by the
Decedent,and including 6 shares
Of the Union Ditch Company, 1
Share of the Union Well
Augmentation Group, Ltd.,and 1
Registered irrigation well
Number 16094.
All personal furniture,
Furnishings and belongings of
The decedent that have not been
Previously sold during the
Course of the administration of
The estate.
$1,432.97
NOTE.This form for use with forms CPC24 and CPC25(decedent's estates)and forms CPC49 and CPC50(conservatcrshtp)
Previous partial distributions,it any,should not be shown. Use additional sheets if necessary.
"This pleading was filed electronically pursuant to Rule 121 '1-26. The original signed pleading is in the attorney's file.
CPC 24125-S R7/00 SCHEDULE OF DISTRIBUTION 1
1111 11111111011 Mill INCI I11111 I I I 11111
3470470 04/20/2007 01:41P Weld County, CO
6 of 6 R 31.00 D 0.00 Steve Moreno Clerk& Recorder
DISTRICT COURT,
BOULDER COUNTY COLORADO F.1.11 ED Document
20'"Judicial District of Colorado CO Boulder County District Court 20 h
Filing.Dater Mar 21 2007 2:I0PM MD 7
Court Address: PO Box 4249 Boulder,CO 80306-4249 Pliing ID: 14207xsj
Review Clerk:N/A
IN t'HE MATTER OF THE ESTATE OF:
HARRY LEE ALLES,
A Minor.
Attorney or Party Without Attorney:
Charles J.Connell,Attorney at Law Case No.2006 PR 446
2308 W. 290"Street,Suite 200 Div.: 1
Greeley, CO 80631
Phone Number (970)353-2507
Fax Number: (970) 353-2509
E-mail: Jawconnell([)aol.com
Atty.Reg.#: 10035
ORDER
THIS MATTER, having come before the Court upon the Petition to Distribute Assets to the
Conservatorship for Harry Lee Alles, A Minor, and proper notice having been provided to all
interested persons herein,and the Court having reviewed the file and being otherwise fully advised
in the premises,
THE COURT HEREBY FINDS AND CONCLUDES that it would be to the benefit of the Minor,
Harry Lee Alles, for the conservator to accept the distribution of all assets from the estate of the
Minor's deceased father,Randall D. Alles.
IT IS THEREFORE ORDERED,ADJUDGED AND DECREED that the conservator is hereby
authorized and directed to accept all assets to be distributed from the Estate of Randall D. Alles,
Deceased,and to manage such assets as part of the conservatorship estate in this conservatorship for
Harry Lee Alles,A Minor. I/_ /
Dated this (Cr of MaIld ,2007.
BY THE COURT:
DISTRI RT JUDGE
111111111111111111 DAB
1111111IIIII���111111111IIII
3710009 08105/2010 03:24P Weld County,CO
1 of 4 R 26.00 0 0.00 Steve Moreno Clerk&Recorder
O09
BARGAIN AND SALE DEED
MARION MALLARD,as Conservator for HARRY LEE ALLES,a Minor,by
the District Court in and for the County of Boulder,Colorado,in Case Number 2006 PR 446
dated October 27,2006 as Grantor whose address is 2131 Springs Place,Longmont,Colorado
80504-7351 for and in consideration of GIFT AND OTHER GOOD AND VALUABLE
CONSIDERATION and the receipt and sufficiency of which is hereby acknowledged,hereby
sells and conveys to the HARRY LEE ALLES REVOCABLE TRUST,MARION MALLARD
,TRUSTEE THEREFORE as Grantee,all right,title,and interest in and to the following
described real property and improvements thereon located in the County of Weld,State of
Colorado,to wit:
I. All of the Real Estate/Water and Well Rights and Shares(collectively the
"Property"described on the Personal Representative's Deed dated April 12,2007 and recorded
on April 20,2007 at Reception Number 3470470,records of the Clerk and Recorder of Weld
County,Colorado attached hereto and incorporated herein by reference as Exhibit A.
2. With all appurtenances and subject to those matters referenced in Exhibit A;
Note:The aforesaid referenced in Exhibit A Deed of"Crust securing the$225,500 Note was
assigned by the Estate of Herman Alles to Louise M.Alles by Assignment dated January 22,
2009 and recorded January 29,2009 at Reception Number 3602222 records of the Clerk and
Recorder of Weld County,Colorado.
With all its appurtenances,subject to taxes for the year 2010 and subsequent years and except all
matters of record and off record matters including leases,covenants,easements,restrictions,and
reservations of record,if any.
Gift Deed;Consideration$500 or less;no Documentary Fee or Real Property Declaration
required.
Signed this*day of August,2010.
MARION MALLARD,as Conservator for HARRY LEE ALLES,a Minor,by the District Court
in and for the County of Boulder,Colorado,in,Case Number 2006 PR 446 dated October 27,
2000 c,n
L,AR CSa!'Vviv AR MALLAR CO SERVATOR
State of Colorado
ss.
City and County of Denver )
The foregoing instrument was acknowledged before me this 4$day of August,
2010,by MARION MALLARD,as Conservator for HARRY LEE ALLES,a Minor,by the
District Court in and for the County of Boulder,Colorado,in Case Number 2006 PR 446 dated
October 27,2006.
WITNESS MY HAND AND OFFICIAL SEAL.
Seal]
o e M. raw,idotary ubl
My Commission Expires:May 15,2014
110111 11111111111 11111111111111 Ill III EII 1111 111
3710009 08/05/2010 03:24P Weld County, CO
2 of 4 R 26.00 D 0.00 Steve Moreno Clerk& Recorder
1111 11111 111111 III 111111111111 I I 11111111111111
3470470 04/20/2007 01:41P Weld County, CO
1 of 6 R 31.00 D 0.00 Steve Moreno Clerk&Recorder
PERSONAL REPRESENTATIVE'S DEED
(Testate Estate)
THIS DEED is made by William A. Eloskas as Personal
Representative of the Estate of Randall D. Allen, also known as
Randall Dale Alles , deceased, Grantor, to Marion Mallard, as
Conservator for Harry Lee Alles, A Minor , Grantee, whose legal
address is 2131 Springs Place, Longmont, Colorado 60504, of the
County of Boulder , State of Colorado .
WHEREAS, Randall D. Alles, also known as Randall Dale Allen
died testate at Greeley, Colorado on March 29, 2006 ;
WHEREAS, Marion Mallard was appointed as the Conservator for
Harry Lee Alles, A Minor, by the District Court in and for Boulder
County, Colorado, in Case Number 2006 PR 446, on October 27, 2006 ;
WHEREAS, the Last Will and Testament of the above-named
decedent was made and executed in the lifetime of the decedent, and
is dated July 7, 1997 , which Will was duly admitted to informal
probate on April 17, 2006 , by the District Court in and for the
County of Weld , State of Colorado, Probate No. 2006 PR 125;
WHEREAS, Grantor was duly appointed Personal Representative of
said Decedent 's Estate on April 17, 2006 , and is now qualified
and acting in said capacity.
NOW THEREFORE, pursuant to the powers conferred upon Grantor
by the Colorado Probate Code, Grantor does hereby convey, assign,
transfer, and set over unto said Grantee as the person entitled to
distribution of the property in the above-captioned Will the
following described real property situate in the County of Weld ,
State of Colorado:
The real property and improvements located thereon, known and
described as the Northwest Quarter of Section 26, Township 5
North, Range 65 West of the 6th P.M. , Weld County, Colorado,
also known and described as Lots A, B, C and 0, of Recorded
Exemption Number 0961-26-2 RE-4010, as shown on the plat
thereof recorded February 15, 2005 under Reception Number
3261355 of the Weld County Records, Weld County, Colorado;
together with any and all interest of the decedent in and to
any oil, gas, and mineral rights upon such real property; and
together with eight (8) shares of the capital stock of the
Union Ditch Company and one (1) share of the capital stock of
the Union Well Augmentation Group, Ltd. ; and together with one
(1) irrigation well registered under Number 16094 as decreed
by the Water Court in and for Water Division 1, State of
Colorado, as shown on the Findings and Ruling of the Referee
recorded in Book 670 under Reception Number 1591775 of the
Weld County Records
1
g EXHIBIT
A
1
111111111111111111 1111 11111 11111 11111 111 11111 1111 1111
111111 11111 1111!I'lll`f III 111111111111 iii 111111111101 37of 4 R 26002010 03:24P D 0.00 SteveWeld Mor Moreno Clerk& Recorder
3470470 04/20/2007 01:41P Weld County, CO
2 of 6 R 31.00 D 0.00 Steve Moreno Clerk&Recorder
also known by street number as 22360 Weld County Road 54 , Greeley,
Colorado 80631 .
(THIS DEED IS GIVEN TO THE PERSON ENTITLED TO DISTRIBUTION OF THE
ESTATE AND NO CONSIDERATION HAS BEEN GIVEN BY THE GRANTEE.
THEREFORE, NO DOCUMENTARY FEE IS REQUIRED. )
With all appurtenances, subject to the following: covenants,
conditions, rights-of-way, easements, reservations, and
restrictions of record; notes on the recorded plat; easements,
encroachments and boundary line variances not shown by the public
records; general property taxes for the years 2006 and 2007; and
Deed of Trust executed by Randall Dale Alles dated March 8, 2000
for the benefit of Herman Alles and Louise M. Alles, which Deed of
Trust was recorded on March 10, 2000 under Reception Number 27547.76
of the Weld County Records.
As used herein, the singular includes the plural and the
plural the singular.
Executed G7y�/d/D 7-- , 2007.
` _
William A. Bloskas
Personal Representative of the
Estate of Randall D. Alles, aka
Randall Dale Alles, Deceased
STATE OF COLORADO
ss .
COUNTY OF WELD
M, The foregoing instrument was acknowledged before me this
day of ,( , 2007, by William A.
Alles, as Personal Representative for the Estate of Randall D,
Alles, aka Randall Dale Alles , Deceased.
Witness my hand and official
seiiiiii //�//4/// /// �y�/� ta(y Public
;30s(J.a9fk57 'ec2oc�li&4
c Address '
• • rr ;71
• '•.,;%„'ty,-c44iflssion Expires: 1fr fl RtanEckee,ppt,01.20oe
2
a District Court ❑ Denver Probate Court 111111111111 111111 11111E �liii JII 11111 liii Jill
Boulder County,Colorado 3710009 08/05/2010 03.24P Weld County, CO
Court Address: Twentieth Judicial District of Colorer le
4 0l 4 R 26.00 D 0.110 Steve Moreno Clerk& Recorder
P.O Box 4249
Boulder,CO 80306-4249
fi, Oh II,
IN THE MATTER OF THE ESTATE OF: - 17'tle "" ` lit 1''1''1"
i , I,ilz-vl�n�
HARRY LEE ALLES Iq,+..
COURT USE ONLY
❑Deceased CI Protected Person® Minor O Ward •
Case Number 2006PR446
Division:1 Courtroom
LETTERS
(Name) Marion Mallard was appointed or qualified by this Court or its Registrar on
ben sn, zo io (date)as:
❑ Personal Representative. The decedent died on (date).
❑These are Letters of Administration. (The decedent did not leave a will)
❑These are Letters Testamentary.:(The decedent left a Wilt)
❑Special Administrator in 0 an Informal O a formal proceeding.:These are Letters of Special Administration.
El Conservator. These are Letters of Conservatorship.
0 The protected person is a minor whose date of birth is August 9, 1989.
❑ Special Conservator.
❑ Guardian. These are Letters of Guardianship for
❑ an incapacitated person. ❑ a minor whose date of birth is
❑ Emergency Guardian
(Expires on (date), not more than 60 days after appointment per§15-14-312,C.R.S.)
Appointment or qualification is by 0 court order. 0 will. ❑written Instrument
CI
These Letters evidence full authority, except for the following limitations or restrictions,if any:
Marion Mallard is appointed Co'ns'ervatorforthe pmittid purposes of collecting the life insurance
death benefit from a Jackson National We Insurance"Co. policy on the alts of Randall 0ale Aires
(Policy#002755290U),and upon receipt of these funds,placing said funds In a Unifonn Transfers
to Minors Account at a financial Institution doing business In the Stated Colorado,for the benefit
oftthhee PPrrootected Person. C
Dated' (c J +ct-es) c1 , 6 ('�1 1
(Deputy)Clerk or Regt of Court
CERTIFICATION
Certification Stamp or Certified to be a true copy of t al in my
custod and to be In full f
Ip�p)f of:
Dated: I/81/
(Deputy) ler ef Court . /4tg
CPC 17 R1/03 LETTERS ` ' a
This farms conforms In substance to CPC 17. '. h~
O�ORADO'
Good morning! My name is Marion Mallard, I am trustee for the Harry Alles revocable trust. I am a breast cancer
survivor times two. I used medical marijuana during my treatments for breast cancer after chemo and radiation. The
first chemo session I had was supposed to last 2hours I started getting a terrible headache. The nurse slowed down the
IV drip.The chemo session ended up taking close to 4 hours. I went home and my husband and he and Harry went to fill
a RX for nausea. Not long after they left I started vomiting and was not able to keep the oral medication down. I had
terrible nausea and a friend called to see how I was doing and brought a joint by. I smoked this, and it helped me
tremendously. When my friend brought this joint over I was lying on the couch and could not lift my head off the couch
and had no energy. I had almost immediate relief. I talked to my oncologist about this and tried the RX form known as
marinol which was not as effective. 5 years after this I was finishing my second round of cancer treatment and Harry's
father passed away at 49 years old.( 5 years ago). I was appointed conservator for the assets that my son inherited from
his father. The farm was in need of major repairs and upkeep since Harry's father was not in good health the last couple
of years before he passed away.The farm does have a mortgage that needs to be paid. The farm expenses are more
than the income currently received from the farm.
I lost my job as a dental hygienist last March. At first I thought Harry and I would be moving out to the farm because I
would need to sell my house in Longmont. Fortunately I have been able to work some thru a temporary agency and
hope to wait a while to see if I need to sell my residence in Longmont. With the economy this is not a good time to try to
sell a house.
I had noticed some ads that dispensary's were looking for farm sheds or barns to legally grow. I thought this may be a
way to increase the farm income. So I called one of the ads.Talked to the grower, met the grower and dispensary owner
and discussed the logistics and we all agreed that this could be a legal grow site for the dispensary. I was informed that
some of the state agencies would be inspecting the facilities. The dispensary would take care of all the legal paperwork.
My understanding is the grower went and talked to the Weld county attorney Bruce Barker.
The grower did inform me that our neighbor/relative came on the farm property and were asking questions and
checking out what the growers were doing. I have received numerous calls from this relative/neighbor on previous
tenants.They seem to like to get involved with my business of what is going on at the farm and farm house. I have had
numerous calls telling me that a previous renter( that was a deputy sheriff) was not taking care of her horses. I called the
tenant knowing she was out of town and she had previously arranged for another deputy sheriff taking care of the
horses in the evening after that deputy got off work. I told the neighbor/relative they could call the humane society if
they felt it was necessary. I did go and check on the animals when the neighbor/relative called . The day I went out they
had food and water. I own horses myself.The horses were being grained and hayed.The quality of hay was not great
but.... The neighbor/relative took it upon themselves to feed and water the horses without my permission. I feel this is
an infringement on the privacy of the farm. I was aware of what was happening. I am very concerned that this neighbor
has already told other neighbors and relatives about the mmj grow.This is a private issue that should not be discussed
with people other than the ones that are on a need to know basis.
One evening I received a call from the Weld County drug task force.This individual wanted to know if I was aware
there was marijuana grow operation on the farm. I told him yes there was and it was a legal operation thru a dispensary.
I asked the individual if there had been a complaint. He said X-cel (who had told us the electricity would be off for 5-7
days which could put the plants in shock and they would probably die.The grower, and my son talked to X-cel about this
. X-cel knew there was a mmj grow because the grower and my son told them that.The drug task force individual told
me that if all the paperwork was in order that it would be ok. I gave him names and numbers of the dispensary and the
grower.The dispensary owner and grower met a couple of days later at the farm . I was told I did not have to go to this
meeting. The afternoon of the meeting my son got a text from the grower that all the paperwork was in order and no
worries.
On October 21, I received a letter informing me of a zoning violation case ZCV10-00134. I immediately called the
dispensary owner and they said they would look into it. One Oct. 25 I went and talked to Bethany Salzman.She was very
helpful in telling me what was going on. Ms. Salzman said she referred all calls concerning medical marijuana to the
Weld County Attorney Bruce Barker because the rules and regulations were changing all the time and she was not sure
about all the changes. My understanding is that the grower had gone in and talked to Bruce Barker. It sounds like this
meeting with Bruce Barker was before this variance application had been decided on by the county.
On October 26, I received another violation that a electrical permit was required. I do NOT understand why Harry waited
between 3 and 4 hours for the electrical inspector to approve the new breaker box and wiring. He had an appointment
with my son and did not show up that day. Harry called to see what the problem was. Then the next day they called and
told us the electrical inspector would be at the farm in 15 minutes. I was in Longmont with Harry. We left immediately
for the farm and the inspector had already been there and had approved the work that was done. I was upset that we
did not get more than a 15 minute time frame when they knew I lived in Longmont. I was going to go talk to the
inspector but you can only talk to them between 7:30-8:30 in the morning. I work as a temporary hygienist (not regular
work) and have to be available till 9 a.m.to be called out. I know in dentistry if you have an appt. and patients have to
wait more than 20 minutes you are not going to have a happy client.To wait 3-4 hours without a phone call and then
not show up that business would not be in business for long. If I would have taken off a day from work I would have
been furious. Every day I have to take off work I do not have income coming in. I have bills to pay. I did talk to Peggy
about the electrical permit. She told me we needed an additional electrical permit to the shed from the house. That the
permit Harry waited on was the permit to the house.The dispensary has contacted the electrician. I hope this is
corrected by the time of the emergency hearing. Thank you for considering my side of this issue.
Sincerely,
Maion Mallard Trustee for Harry Lee Alles
Points to review:
My history of a Breast cancer survivor diagnosed 2 separate times almost 5 years apart.
Farm expenses
Farm mortgage
Medical marijuana grow produces additional farm income
Drug task force told grower and dispensary owner all paperwork was in order
Zoning violations
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