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HomeMy WebLinkAbout20093146.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST GERALD CALVIN AND KAREN HERMAN -CALVIN 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, Gerald Calvin and Karen Herman -Calvin, ZCV #0900245, 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 8th day of December, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Gerald Calvin, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until February 8, 2010, in order to allow adequate time for the property owners to select a new location for the automobile repair business and to remove said business from the property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900245 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Gerald Calvin and Karen Herman -Calvin 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 February 8, 2010, in order to allow adequate time for the property owners to select a new location for the automobile repair business and to remove said business from the property. /// 2009-3146 PL0824 ()i/)w/O VIOLATIONS - ZCV #0900245 - GERALD CALVIN AND KAREN HERMAN -CALVIN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 2009. ATTEST: Weld County Clerk to the BY Depu A,PRO DA Clerk lto the Board e 1 l Ui2 County Attorney Date of signature I / it b BOARD OF NTY COMMISSIONERS WE NT COLORADO Douglas ' ademach= Pro-Tem p Sear1 P. Conway 2 .(ctit.a arbara Kirkmeyer tpc David E. Long C A.A G! -t ; 2009-3146 PL0824 \ )lation Summary Rer. rt BASIC INFORMATION HERMAN -CALVIN KAREN & HERMAN GERALD N Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: Parcel Number: P O BOX 429FORT LUPTON, CO 80621 Bethany Salzman ZCV09-00245 13595 CR 22 PT W2SE4 8-2-66 PARCEL A SUB EXEMPT SE -475 (.27R) SITUS: 13595 22 CR Location North South East West North of and adjacent to CR 22 and approximately 1/2 East of Hwy 85 Agriculturally Zoned properties Agriculturally Zoned properties Agriculturally Zoned properties Agriculturally Zoned properties 130908400028-R1376202 Acreage: 3.64 Certified Mail Date: 10/01/2009 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. 23-3-40 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 My records reflect that your Pre -Application meeting was held on Friday, September 25, 2009. At that meeting, it was discussed that the operation of Ultimate Diesel Performance would indeed require a Use by Special Review (USR) permit. Furthermore, it is my understanding that a time line granting approximately 60 days to complete the application was discussed. Therefore, the above referenced hearing was scheduled. If a Use by Special Review (USR) application has been submitted and deemed complete by one of our Planners prior to the above date, the Violation Hearing will be cancelled. RECOMMENDATION The Department of Planning Services staff recommends that this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 08/20/2009 Complaint Validated 08/20/2009 LTTR: 5 Day Letter 08/28/2009 LTTR: Violation Notice 10/01/2009 LTTR: Hearing Notification OTHER CASE HISTORY 08/19/2009 Property Inspected 2009-3146 Upon a visual inspection of the property, the following items were noted: Ultimate Diesel Performance is being operated out of a round metal shell outbuilding on the far \ jlation Summary Rep, rt Western edge of the property. Several vehicles/pick-up 08/26/2009 Phone Call 09/25/2009 Office Visit trucks were parked in front of the open door. No pictures were taken during this inspection. Gerald Calvin called (303-857-2028). He stated that he had received the initial letter and just wanted to get pointed in the right direction. I advised him that the first step was the Pre -Application meeting. I asked if I sent a Pre -Application form with my initial letter. He said I did. I explained that he would need to fill in the highlighted areas and supply a brief narrative explaining the uses occurring on the property and a map showing where the structures are located any where the access is. He said several years ago they went through a Recorded Exemption process (I believe he actually went through a Subdivision Exemption process) and that he would provide a copy of that map. He indicated he would get that faxed in to us. Pre -Application Request meeting held. 10/05/2009 Certified Mail Receipt Certified Receipt received - signed. COLORADO 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 October 01, 2009 HERMAN -CALVIN KAREN & HERMAN GERALD N P O BOX 429 FORT LUPTON, CO 80621 Case: ZCV09-00245 Legal Description: PT W2SE4 8-2-66 PARCEL A SUB EXEMPT SE -475 (.27R) SITUS: 13595 22 CR Dear HERMAN -CALVIN KAREN & HERMAN GERALD N: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 12/08/2009 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. 23-3-40 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: My records reflect that your Pre -Application meeting was held on Friday, September 25, 2009. At that meeting, it was discussed that the operation of Ultimate Diesel Performance would indeed require a Use by Special Review (USR) permit. Furthermore, it is my understanding that a time line granting approximately 60 days to complete the application was discussed. Therefore, the above referenced hearing was scheduled. If a Use by Special Review (USR) application has been submitted and deemed complete by one of our Planners prior to the above date, the Violation Hearing will be cancelled. Page 1 of 2 O O ir ml Lri _ NOG COLORADO 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 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, Bethany Salzma Zoning Compliance Officer II pc: ZCV09-00245 US. Postal Service,. CERTIFIED MAIL. RECEIPT likimestic Mall.Only; No Insurance: Coverage Provided) y ortielivery,lntormation visit our website at www. usps.conla 1160 0001 C O Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here t-trecc' `t (-n'-rdt&(3 I Sent 7QColon, haitn IStreet. Apt. No.r or PO Box No. va) . ,t31e. ZIo+4 "ItIDL Li O_ ) o �) ) Z m d o ' e co \� N c E a m m N a) m 0 c p 'a) 2 E d n r p L m O ❑OO TT) m FT N w U 8 CCE ❑ ❑ off% Tro R s a O O O .n ri rR to O O r LO Domestic Return Receipt PS Form 3811, February 2004 Page 2 of 2 tint Form Submit by Email V 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 www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: E) .2. Efz/l<0 CALV!tJ Phone: -303 - sS % - 7...O.2s' Fax: Email: d. cA tvi✓i (1,5x8. A/a i Address: P U (O)1 ti, zg 44,y Lt)e 'ttr) co $-U 62_ / , Project Description: Property Information: Section -Township - Range ( W 2. 56 ( f Zoning A6 Parcel Number PAIICC.,L /} Si.)g E kEM 'r S/7c (.2-7R) S,r : Acreage Site Address !3 5Q S cg 2Z IF UP027]nl COlL; Water Source ll�L_ Legal Description Pr W 2- 5� E - Z --GG Sewer SPric Owner Name GL`.2AL,0 N. C4WIpJ /WO KAaru 116.4rwJ - CALvl6/ Is this property currently in violation? Preferred date and time for meeting: Office Use Only Project Title: Description: Review Date: Weld County Department of Planning Services Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 XYes f No CPEtti Case Number 7.1--V t t ` l-.l-haq� Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 ZACJ( -cO 4•S GERALD N. CALVIN, Ph.D., C.R.C. P.O. Box 429, Fort Lupton, CO 80621-0429 VSINY Bethany Salzman Weld County Planning Department Zoning Compliance Officer II 918 10th Street Greeley, CO 80631 Ms. Salzman: (303) 857-2028 September 1, 2009 Weld County Planning Department GREELEY OFFICE SEP ri 3 annq R.ECENED Enclosed is our pre -application review request. Enclosed with this letter is: 1. A brief description, and narrative of the proposed project. 2. Conceptual (rough drawing) site plan showing all structures, parking, nearby roads, and driveway access. The enclosed drawing also shows existing contours, grades, drainage, and existing landscape. If you have any questions regarding the permit request, or attachments, please give me a call. Sincerely, Dr. Gerald Calvin GNC/yg cc: file Ultimate Diesel Performance BRIEF NARRATIVE EXPLAINING REQUEST Purpose of this project is to operate, by permit, an existing facility to repair diesel and gasoline engines, diesel and gasoline vehicles including class eight trucks. Since 1994 we have performed these repairs on our own vehicles in the operation of our small ranch, and for a few farming neighbors. When oil companies, and a truck dealership learned that there was a certified diesel mechanic in the neighborhood, the work expanded, and Ultimate Diesel Performance was created to serve a growing need for this service in our local community. x rn� 7N3d sx --� . c_' In / / / N � 1 C1Vt kctiehD Doo--�-.. � Sr 1 C rlPcUJJtINk P6 A/C r' 1 .„1? �N7� 71/V17/YI F/li 7 �Xr SI% RL� E.���1� + rtk / 1 : 1 n -r I f 1/1 C/ 7L J r e 1 r 1 WiCYCCOLORADO August 28, 2009 HERMAN -CALVIN KAREN & HERMAN GERALD N P O BOX 429 FORT LUPTON, CO 80621 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-Maitbsalzman@caweld.co.us Case: ZCV09-00245 Legal Description: PT W2SE4 8-2-66 PARCEL A SUB EXEMPT SE -475 (.27R) SITUS: 13595 22 CR Dear: HERMAN -CALVIN KAREN & HERMAN GERALD N : 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. 23-3-40 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: While I believe you are already in the process of compiling your Pre -Application Request application, this Violation Notice is the next step in the violation process. The operation of a commercial business (such as Ultimate Diesel Performance) requires 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. I believe you are already completing this application, but if you need a new copy please see the following web address: http: //www. co.weld. co. us/departments/plan n ing/Plan ning/Proced ural_Guides6-15-08/PreAp plication%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). Page 1 of 2 ‘acti4gri. VIIIIIc +1 COLORADO 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 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 09/28/2009, 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, Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00245 Page 2 of 2 August 20, 2009 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 HERMAN -CALVIN KAREN & HERMAN GERALD N P O BOX 429 FORT LUPTON, CO 80621 Case: ZCV09-00245 Legal Description: PT W2SE4 8-2-66 PARCEL A SUB EXEMPT SE -475 (.27R) SITUS: 13595 22 CR Dear HERMAN -CALVIN KAREN & HERMAN GERALD N: 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 a commercial business (such as Ultimate Diesel Performance) requires 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 submital of a short application. Please see the enclosed application or see the following web address: http://www. co.weld. co. us/departments/planning/Plan n ing/Proced ural_Gu ides6-15-08/P reAp plication%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). 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, tof Bethany Salzm Zoning Compliance Officer II pc: ZCV09-00245 Page 1 of 1 rint 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 www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre -application review request. Mail, fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Phone: Fax: Email: Address: Project Description: Property Information: Section -Township - Range Zoning Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name Is this property currently in violation? XYes j— No Preferred date and time for meeting: Case Number C.0 M ` coat1 Office Use Only,, Project Title: Description: Review Date: Weld County Department of Planning Services Meeting Date/iime: Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 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: ❑ rroject narrative explaining request ❑ Conceptua . an showing all st s, parking, nearby roads, and driveway access ❑ Existing contours an ❑ Conceptual drai ❑ Conce. - .uilding elevations ceptual 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 r ' (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): Brief proj Exhibit showing . - ' -. changes to be mad - Location map showing prop- s • . u nding area and adjacent uses Conceptual zoning map s e ng cu nd proposed zoning Conceptual site . - owing all structures, p ng, nearby roads, and driveway access Existin• • - ours and proposed grades • eptual drainage Conceptual landscape plan rrative explaining request Weld County Department of Planning Services Greeley Office 918 10,h Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 Identify Results Page 1 of 4 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1376202 Parcel#: 130908400028 Tax Area: 2230 Bordering County: Acres: 3.37 Township Range Section Quart, Sec. 02-66-08-4 Owners Name & Address: HERMAN -CALVIN KAREN & P 0 BOX 429 FORT LUPTON, CO 80621 Additional Owners: CALVIN GERALD N Business/Complex: Sale Date Sale Price $0 Subdivison Name Block# Lot# Property Address: Street: 13595 22 CR City: WELD Sales Summary Deed Type Legal Description Reception # PT W25E4 8-2-66 PARCEL A SUB EXEMPT SE -475 (.27R) SITUS: 13595 22 CR Land Type Agricultural Land Subtotal: Abst Code 4147 Bldg# Property Type 1 2 3 4 5 6 Residential Out Building Out Building Out Building Out Building Residential Improvements Subtotal: Total Property Value Land Valuation Summary Unit of Number of Measure Units Acres 3.37 3.37 Buildings Valuation Summary Building Details Actual Value $59 Actual Value $354,594 $354,653 Assessed Value $20 Assessed Value Account#: R1376202 Parcel#: 130908400028 Owners Name & Address: HERMAN -CALVIN KAREN & P 0 BOX 429 FORT LUPTON, CO 80621 Property Address: Street: 13595 22 CR City: WELD http://maps2.merrick.com/ W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13090... 8/14/2009 Identify Results Page 2 of 4 Building# Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Ranch 1 Story Frame Hardboard Drywall 1 3 1 6 Property Type Residential Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1915 Floor/Wall Furnace 1366 Composition Shingle Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R1376202 Parcel#: 130908400028 Owners Name & Address: HERMAN -CALVIN KAREN & P O BOX 429 FORT LUPTON, CO 80621 B_uildinq# Property Type 2 Out Building Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 13595 22 CR City: WELD Individual Built As Detail Shed - Utility Year Built: HVAC: 0 0 0 0 Built As SQ Ft: Roof Type: Roof Cover: 1950 None 216 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R1376202 Parcel#: 130908400028 Owners Name & Address: HERMAN -CALVIN KAREN & P O BOX 429 FORT LUPTON, CO 80621 Building# 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Property Address: Street: 13595 22 CR City: WELD Property Type Out Building Individual Built As Detail Shed - Cattle 0 0 0 0 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: 1950 None 240 0 http://maps2.menick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin-13090... 8/14/2009 Identify Results Page 3 of 4 Garage: Attached SQ Ft: Basement: Total SQ Ft: Account#: R1376202 Owners Name & Address: HERMAN -CALVIN KAREN & P O BOX 429 FORT LUPTON, CO 80621 Building# 4 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Account#: R1376202 Owners Name & Address: HERMAN -CALVIN KAREN & P O BOX 429 FORT LUPTON, CO 80621 Bu ild inq# 5 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Detached SQ Ft: Finished SQ Ft: Property Address: Street: 13595 22 CR City: WELD Property Type Out Building Individual Built As Detail Quonset Year Built: HVAC: 0 0 0 0 Built As SQ Ft: Roof Type: Roof Cover: Parcel#: 130908400028 1978 None 1920 Units: 0 Detached SQ Ft: Finished SQ Ft: Property Address: Street: 13595 22 CR City: WELD Property Type Out Building Parcel#: 130908400028 Individual Built As Detail Barn Year Built: 1951 HVAC: None Built As SQ Ft: 1320 0 Roof Type: 0 Roof Cover: 1 0 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R1376202 Parcel#: 130908400028 Owners Name & Address: HERMAN -CALVIN KAREN & P O BOX 429 FORT LUPTON, CO 80621 Property Address: Street: 13595 22 CR City: WELD http://maps2.merrick.com/W ehsite/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=13090... 8/14/2009 Identify Results Page 4 of 4 Building# 6 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: 1 1/2 Story Fin Log Drywall 6 5 2 11 0 2868 Property Type Residential Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1994 Hot Water Baseboard 4500 Composition Shingle 0 0 0 http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13090... 8/14/2009 IliDe COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10t" Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT ❑ Staff/Name: X Citizen `❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name (If known): ry Y.X T\f➢1 Nt ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Date Complaint was received: %` k4 Pending Case # (i.e. USR, RE, SE, ect...): Legal Description i.tt -I P�ar[o1 Ae - �IIS LOT-)c_LkrC 55c 1Z Parcel #: I'aCs}-CS- -OO-GL`Fs Violation Address: I eCTic ) Cl- )3 Property Owners Name: ` C. (YY:tn kU^\�ri 'hi:Vern t CO-1VVl I Phone: RD Lt7t�y 'VOA ��,L'��� t c��A-��� PropertyOwners Address: t - - 1 �� Co +�LAlJZ,1 Tenant's Name: Phone: Tenant's Address: `' ` (� ,f" C,� NATURE OF COMPLAINT: k rf &*C , Dt%SP1 Pe 1,-(L Yn-k- r SL u)!r51.t ' LA.. - Additional Notes: Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit wwwso*state.eo.us and select Business Center. -Filed $ 50.00 Colorado Secretary of State Date and Time: 07/15/2009 11:45 PM ID Number: 20091377177 Document number: 20091377177 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Trademark Registration of a Reporting Entity filed pursuant to ki 7-70-102 of the Colorado Revised Statutes (C.R.S.) 1. For the reporting entity delivering this statement, its ID number, true name, form of entity and the jurisdiction under the law of which it is formed are ID Number True name Form of entity Jurisdiction 20081505576 (Colorado Secretary of State II)number) Ultimate Diesel Performance, LLC Limited Liability Company Colorado 2. (Mark the app/icable box and complete the statement. Caution: Mal, only one box) nThe trademark is a standard character trademark and the characters constituting the trademark are Ultimate Diesel Performance, Ultimate Diesel Performance, LLC, UDPdiesel OR ❑ The trademark is a special form trademark and a description of the attached drawing is 3. A detailed description of the goods or services in connection with which the trademark is used is All//any diesel repair, diesel performance repair and install, sales of diesel parts including all performance parts, manufacturing any product The class into which such goods or services fall is 012 Vehicles (Class) 4. A description of the attached specimen sufficient to identify the nature of the specimen is President 5. The date of first use in commerce of the trademark in this state by such entity or such entity's predecessor in interest is 01/01/2006 (mmidd,ivm ) 6. The registrant identified above is currently using the trademark in commerce in this state and such registrant believes, in good faith, that such registrant has the right to use the trademark in connection with the goods IDMK_RF Page I oft Rev. 01/01/2008 or services listed above and such registrant's use of the trademark does not infringe the rights of any other person in that trademark. 7. (If applicable. adopt the following statement by marking the bar and include an attachment) ❑ This document contains additional information as provided by law. 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 such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such 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 identified in this document as one who has caused it to be delivered. S. The true name and mailing address of the individual causing this document to be delivered for filing are Calvin Cory (Last) (Pint) PO BOX 529 (Street number and name or Post Office Box tnformatian) (Middle) (Suffix) Fort Lupton CO 80621 (Cirvy (State) (Zip/Postal Code) United States . (Province- ifapplicable) (Country) (f applicable. adopt the, following .statement br marking the box 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). TDMK_RE Page 2 of 2 Rev. 01 /O I/2008 Click the following links to view attachments Attachment 1 Ultimate Diesel Performance LOGO Page 1 of 1 PERFORMANCE http://www. sos. state.co.us/biz/V iewImageAttachment.do?fileld=200913 77177&attachmen... 8/14/2009 Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit wwwsos.state.co.us and select Business Center. -FIled Colorado Secretary of State Date and Time: 09/22/2008 11:24 PM ID Number: 20081505576 550.00 Document number: 20081505576 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to ti 7-80-203 and $ 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Ultimate Diesel Performance, LLC (The name Oa limited liability company must contain the term or abbreviation "limited liability company". "ltd liability company". "limited liability co.". "ltd. liability Co." "limited" "lie." "BC, or 'ltd.". See §7-90-G0I, (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is 13595 CR 22 Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Street number and name) Fort Lupton CO 80621 (City) ($rate 21P/Postal Code) United States (Province —if applicable) (Country) PO BOX 529 Fort Lupton CO 80621 (City) United States (ZIP/Postal Code) (Province— if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Street address 13595 CR 22 (Lash (First) Ultimate Diesel Performance (Middle) (Suffix) ARTORG LLC (Street number and name) Fort Lupton (Cat) CO 80621 (State) (ZIP Code) Page I of 3 Rev. 02/28/2008 Mailin? address PO BOX 529 (leave blank if same as street address) (Street number and name or Post Office Box information) Fort Lupton (Ciq) (The following statement is adopted by marking the box.) Fl The person appointed as registered agent has consented to being so appointed. Co 80621 (State) (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Mailing address PO BOX 529 Calvin (Last) Cory (First) (Middle) (Suffix) (Street number and name or Post Once Box information) Fort Lupton CO 80621 (City) UniSeU )States (ZIP/Postal Code) (Province—tfapplicable) (Country) (/(the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) ❑✓ one or more managers. OR ❑ the members. 6. (The fallowing statement is adapted by marking the box.) There is at least one member of the limited liability company. 7. (If the following statement applies. adapt the statement by marking the box and include an attachment) ❑ This document contains additional information as provided by law. 8. (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 dale.) (If the following statement applies, adopt the statement br 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/vyvv hour:minute am/pm) ARTORG_LLC Page 2 of 3 Rev. 02/28/2008 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. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Calvin Cory a PO BOX 5sts9 (First) /Middle) (Suffix) (Street number and name or Post Office Box information) Fort Lupton CO 80621 Way) (State) (ZIP/Postal Code) United States . (Province— if applicable) (Country) (If the following statement applies, adopt the statement by marking the box 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). ARTORG_LLC Page 3 of 3 Rev. 02/28/2008 AR2J229552 B 11 REC 02322952 02/24/93 12:35 ,.00 1/001 F 1655 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Karen Herman -Calvin Albert Herman AKA Albert A. Herman , deceased, Grantor. as Personal Representative of the Estate of to Karen Herman -Calvin whose legal address is 517 Ring Street Rnute 1 Lafayette. Coloradn 80876. Grantee, of the "County of EntildPr . State of Cnl nrarin WHEREAS. the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated December 20 , 19 91 , which Will was duly admitted to (formal) (informal)" probate on January 31 19922__, by the ni stri rt- Court in and for the County of WP d , State of Colorado, Probate No. 92PR46 , WHEREAS, Grantor was duly appointed Personal Representative of said Estate on January 31 19 92 , 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 sell, convey, assign, transfer and set over unto said Grantee (in joint tenancy)" (for and in consideration of Less tl-.an S500.00 ( Five HI nr'Ire.rt) Dollars)" (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: W 1/2, SE 1/4, Section 8, T2N, R66W of the 6th P.N., Weld County, State of Colorado also known by street and number as 13595 Weld County Road #22 Fort Lupton, Colorado 80621 With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year 19 92 ,and subject to Taxes not yet due and payable. As used herein the singular includes the plural and the plural the ingul Executed CJIe) , i 953 /1.61 Karen Herman -Calvin Personal Representative of the Estate of 8t Frew _NZ Aterf A. Hewnan .Deceased STATE OF COLORADO i`�ejY `.••. fr':: COUNTY OF Boulder ' Ttie foregotiig;nstrument was acknowledged before me this day of 5ejr> ,19 —k- iKaren 7ietlran-Calvin Harm n ppersoaa Representative of the Estate of Al ho* -t- HPrrrtBn AKA Albe't T r-le_z*aaa , Deceased. �' �V4Citni ss my hind and official •t al./ •Mycommission expires- •Iris Deny. Udell •.City LW". co' , lereN Notary PiNg Name bad A6o+m nr Peesoa Gould NewlY Crowd LeN De]ovl.oa (I 3633.1063. CPC46. Rev. 11-92. PERSONAL REPRESENTATIVE'S DEED (revere) Rndrord Pub; ishms. 1143 wawa S:.. Deaver. CO 10202 —(303) 292 :700— I2 -9i Cogrighe 1947 AR2323588 -372 REC 02323588 03/02/93 11:53 $5.00 1/001 F 0877 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO QUIT CLAIM DEED THIS DEED, made this day of March between KAREN HERMAN —CALVIN of the *County of Boulder and State of Colorado, grantor. and KAREN HERMAN —CALVIN and GERALD N. CALVIN whose legal address is 517 King Street, Louisville of the County of Boulder and State of Colorado. grantees. WITNESSETH. That the grantor. for and in consideration of the suns of NO CONSIDERATION DUE eebt--AR5 the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED. and by these presents does remise, release, sell and QUIT CLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in common, but in joint tenancy, all the right, tide, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld _ and State of Colorado, described as follows: W 1/2, SE 1/4, Section 8, T2N, R66W of the 6th P.M., Weld County, State of Colorado also known by street and number as: 13595 Weld County Road #22 Fort Lupton, Colorado 80621 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining. and all the estate, right, title, interest and claim whatsoever. of the grantor, either in law orequity. to the only proper use, benefit and behoof of the grantees, them heirs and assigns forever The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF. The grantor has executed this deed on the da sefort ab el �� •t /�tilaVU/ l�i KAREN HE AN -CALVIN STATE OF COLORADO. County of BOULDER The foregoing instrument was acknowledged before me this by Karen Herman -Calvin. ;y. o.:nirJs(`fxpires TA. r ceo ,s4/ t,C+; dot it *If in Denver. insert "City and." I as. f al day of nirac.bA. 199"1Witness my hand and official seal. No.962. Rev.12-91. Qtr,-CIAaM DEED (to Joist Taman) Bradford eublIshing 1743 Wax., 5e. Denver. CO 00202—(303)193 25W — 52491 Hello