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HomeMy WebLinkAbout20093145.tiffRESOLUTION RE: ACTION OF THE BOARD REGARDING VIOLATION ZCV #0900250 AGAINST 1444 VISTA VIEW, 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, 1444 Vista View, LLC, ZCV #0900250, 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 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, 1444 Vista View, LLC, was 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 1444 Vista View, 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. 2009-3145 PL0824 VIOLATIONS - ZCV #0900250 - 1444 VISTA VIEW, LLC 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: ,r�! Weld County Clerk to the Bo BY { Depuy Cler the Board APP13OVE7 -Ciliunty Attorney Date of signature ' I `I I /0 BOARD OF C• ' TY COMMISSIONERS RADO wst"tN�s� her, Pro-Tem Sean P. Conway rbara Kirkmeyer David E. Long -1 ) 2009-3145 PL0824 ' olation Summary Rep ,t BASIC INFORMATION 1444 VISTA VIEW LLC Tenant: 1324 HWY 66 LONGMONT, CO 80504 Compliance Officer: Bethany Salzman Violation Number: ZCV09-00250 Situs Address: 1444 VISTA VIEW DR Legal: 2VCC L9 BLK5 2ND CORR VISTA COMMERCIAL CENTER FG #2 SITUS: 1444 VISTA VIEW DR WELD 000000000 Location: Location South of and adjacent to Hwy 119 and East and West of CR 3.5 and within Longmont's IGA and the MUD North Lifebridge PUD South Longmont Municipal Limit and an Agriculturally Zoned parcel East Agricultural Zoning West Longmont Municipal Limit Parcel Number: 131308205009-R8921200 Acreage: 1.36 Certified Mail Date: 10/02/2009 Currently the property is in violation of: Chapter 23, Article 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Section 23-2-150.L "Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map. Major changes from the approved Site Plan Review map shall require the approval of an amendment of the Site Plan Review map by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists. Any changes shall be filed in the Department of Planning Services with the Site Plan Review file." REMEDY As requested at the Pre -Application meeting, a revised map shall be submitted delineating the parking area for the vehicles "for sale". The derelict bus shall be relocated behind the fenced area. If these items have been corrected prior to December 7, 2009, the above referenced hearing will be cancelled. If not, you or a representative will need to attend the hearing to request any additional extensions from the Board of County Commissioners. 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 09/01/2009 LTTR: Violation Notice 10/02/2009 LTTR: Hearing Notification OTHER CASE HISTORY 07/06/2009 Property Inspected Kim Ogle conducted an inspection and the following notations were made: Parking has overgrown the property and has started to accumulate on the adjacent 2009-3145 olation Summary Rep .-t property. See pictures dated 07/06/09. 09/09/2009 Property Inspected Upon a visual inspection of the property, the following items were noted: Derelict vehicles were visible (not parked behind the existing screened area) also a derelict bus on the East side of the property. All vehicles appear to be parked on this lot (not on the adjacent property). No pictures were taken during this inspection. 09/15/2009 Phone Call Nick Booth (720-299-6194) called. He said he had received a letter about a bus. He stated that so far no one has been able to determine why the bus will not go into gear, but they are working on it. I then asked about the other derelict vehicles (vehicles without license plates). He said well we sell vehicles. He asked how we handled other vehicle sales establishments. I asked if they did auto repair. He said no, they sell vehicles. I told him that I needed to review the SPR file and call him back: I reviewed the file and had Kim Ogle review the file. Vehicle sales was not permitted through the SPR. I called Nick back and advised him that a Pre -Application Meeting needed to occur. I faxed him the Pre -Application Request form. He asked how soon he had to turn it back in. I told him his 30 days was good until October 1st. He said he would have it turned in sooner than that. I then faxed him the form. 10/01/2009 Office Visit Pre -Application Request meeting held in the Greeley Planning Office. 10/06/2009 Certified Mail Receipt Certified Receipt received - signed. hiDe COLORADO October 02, 2009 1444 VISTA VIEW LLC 1324 HWY 66 LONGMONT, CO 80504 Case: ZCV09-00250 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 Legal Description: 2VCC L9 BLK5 2ND CORR VISTA COMMERCIAL CENTER FG #2 SITUS: 1444 VISTA VIEW DR WELD 000000000 Dear 1444 VISTA VIEW LLC: 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 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Section 23-2-150.L "Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map. Major changes from the approved Site Plan Review map shall require the approval of an amendment of the Site Plan Review map by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists. Any changes shall be filed in the Department of Planning Services with the Site Plan Review file." To bring your property into compliance with the Weld County Code: As requested at the Pre -Application meeting, a revised map shall be submitted delineating the parking area for the vehicles "for sale". The derelict bus shall be relocated behind the fenced area. If these items have been corrected prior to December 7, 2009, the above referenced hearing will be cancelled. If not, you or a representative will need to attend the hearing to request any additional extensions from the Board of County Commissioners. Page 1 of 2 M, m m In 7 ra O C O C -n ra lfl C C N WIIDc 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 Salzman Zoning Compliance Officer II pc: ZCV09-00250 41 (.&'Postal '5ervice,M CERTIFIED MAILTM TECEIPT ?Domestic Mall Only; No Insurance Coverage Provided) tfbrdelivery Information visitorr webslteatwww;usps.con® Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ Postmark Here Sent To 14-11-1�r�l1Pll�.L l� r Bireet Apt No.; -y I or PO Box No.. ozi-4' (O42 ���� ����IYYY1111...����`SSS+.... St^te. ZIP+n • ` �1 . 4. Restricted Delivery? (Extra Fee) in m O 001 4539 7005 1160 102595-02-M-1540 Domestic Return Receipt PS Form 3811, February 2004 Page 2 of 2 Document processing fee If document is filed on paper If document is filed electronically Late fee if entity is in noncompliant status If document is filed on paper If document is filed electronically 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 v, WAN .sosst al C. Co.us and select Business Center. Paper documents must be typewritten or machine printed. -Filed $100.00 $ 10.00 $ 50.00 $ 40.00 Colorado Secretary of State Date and Time: 07/28/2009 08:20 AM ID Number: 20081427710 Document number: 20091398235 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to ,;7-90-301, et seq. and t,7-90-501 of the Colorado Revised Statutes (C.R.S) ID number: Entity name: Jurisdiction under the law of which the 20081427710 1444 Vista View LLC entity was formed or registered: Colorado 1. Principal office street address: 2. Principal office mailing address: (if different from above) 1324 HWY 66 (Street Bane and number) LONGMONT CO 80504 (Cii) (Province— It applicable) Stale) (Postal/Zip Code) United States (Country— if not US) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province if applicable) (Country — if not US) CAIN 3. Registered agent name: (if an individual) OR (if a business organization) CHRIS A (Las!) (First) (Middle) (Suffix) 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: 6. Registered agent mailing address: 1324 HWY 66 (Street name and number) LONGMONT CO 80504 (City) (State) (Postal/Zip Code) (if different from above) (Street name and number or Post Office Box information) (State) (Postal/Zip Code) (Province if applicable) (Country- iy.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: cain linda (Gasp 1324 hwy 66 (First) (Middle) (Suffix) (Street name and number or Post Office Box information) longmont CO 80504 (Citt) (State) (Postal/Zip Code) United States (Province - if applicabe) (Country- if not US) (The document need not state the true name and address of more than one individual. However. if you wish to state the name and address of any additional individuals causing the document to he delivered for ding, mark this box ❑ and include an attachment slating the name and address of such individuals) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 of 2 Rev. 07/17/08 FAX TRANSMISSION DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 E-mail Address: bsalzman(c�co.weld.co.us Website: WWW.CO.WELD.CO.US PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 To: Fax: Phone: From: Subject: COMMENTS: Nick Booth 303-776-4513 720-299-6194 Bethany Salzman Zoning Compliance Officer bsalzman(cilco.weld.co.us Pre -Application Request form Date: September 15, 2009 Pages: 3, including this cover page Please fill out the highlighted portions and return as soon as possible any questions. Thank -you in advance. Don't hesitate to call if you have CONFIDENTIAL This facsimile is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that nay dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. 'tint Form submit by Email WELD COUNTY PRE -APPLICATION REVIEW REQUEST I • 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 Assessors 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? /T`!! Yes fl No Preferred date and time for meeting: Case Number 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: 1140 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 building elevations Conceptual landscape plan ROR (USR) USE BY SPECIAL REVIEWS: .roject narrative explaining request Conceptua . an showing all stmc. Existing contours and ....e:- a. rades Conce.tu. age nceptual landscape plan arking, nearby roads, and driveway access R (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZO ❑ Brief project narra ❑ Exhibit showing desired changes ❑ Location map showing pro. • • • , surrounding . :. d adjacent uses ❑ Conceptual zoning • . , s owing current and proposed z ❑ Conceptual p an showing all structures, parking, nearby roa ❑ Exi : contours and proposed grades onceptual drainage E] Conceptual landscape plan ning request n es :.: Wade Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 driveway access September 01, 2009 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us 1444 VISTA VIEW LLC 1324 HWY 66 LONGMONT, CO 80504 Case: ZCV09-00250 Legal Description: 2VCC L9 BLK5 2ND CORR VISTA COMMERCIAL CENTER FG #2 SITUS: 1444 VISTA VIEW DR WELD 000000000 Dear: 1444 VISTA VIEW LLC : 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 11(2), Division 3 "Site Plan Review" Section 23-2-150 "Intent and applicability." Section 23-2-150.C "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Section 23-2-150.L "Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map. Major changes from the approved Site Plan Review map shall require the approval of an amendment of the Site Plan Review map by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists. Any changes shall be filed in the Department of Planning Services with the Site Plan Review file." To bring your property into compliance with the Weld County Code: As I indicated in my initial letter, my records indicate that a Site Plan Review application was submitted in 2003 and a plat later recorded (SPR-368) for an automotive retail and repair business. A recent inspection revealed that parking has over grown the property and an adjacent property has become a re -occurring parking lot. This is not an approved use through SPR-368. Either the parking shall cease to occur on the adjacent property or an amended Site Plan Review application shall be submitted to this office for review. For questions, I recommend you speak with one of our On -Call Planners. Please call ahead (970-353-6100 Ext. 3540) so a sufficient amount of time can be set aside to discuss this non-compliance issue with you. To better serve you please bring this letter with you. Page 1 of 2 (Ott COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mailtsalzman@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 10/01/2009, 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 Salzma Zoning Compliance Officer II pc: ZCV09-00250 Page 2 of 2 hiDe COLORADO August 20, 2009 1444 VISTA VIEW LLC 1324 HWY 66 LONGMONT, CO 80504 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 Case: ZCV09-00250 Legal Description: 2VCC L9 BLK5 2ND CORR VISTA COMMERCIAL CENTER FG #2 SITUS: 1444 VISTA VIEW DR WELD 000000000 Dear 1444 VISTA VIEW LLC: 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: My records indicate that a Site Plan Review application was submitted in 2003 and a plat later recorded (SPR-368) for an automotive retail and repair business. A recent inspection revealed that parking has over grown the property and an adjacent property has become a re -occurring parking lot. This is not an approved use through SPR-368. Either the parking shall cease to occur on the adjacent property or an amended Site Plan Review application shall be submitted to this office for review. For questions, I recommend you speak with one of our On -Call Planners. Please call ahead (970-353-6100 Ext. 3540) so a sufficient amount of time can be set aside to discuss this non-compliance issue with you. To better serve you please bring this letter with you. 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, Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00250 Page 1 of 1 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8921200 Tax Area: 2342 Bordering County: Acres: 1.36 Parcel#: 131308205009 Township Range Section Quart. Sec. Subdivison Name Block# Lot# . 02 - 68 - 08 - 2 VISTA COMMERCIAL CENTER FG#2 2ND CORR - 5 - 9 Owners Name & Address: 1444 VISTA VIEW LLC 1324 HWY 66 LONGMONT, CO 80504 Business/Complex: Sale Date 8/15/2008 Sale Price $800,000 Property Address: Street: 1444 VISTA VIEW DR WELD City: WELD Sales Summary Deed Type WD Legal Description Reception # 3572661 2VCC L9 8LK5 2ND CORR VISTA COMMERCIAL CENTER FG #2 SITUS: 1444 VISTA VIEW DR WELD 000000000 Land Type Commercial Land Subtotal: Bldg# 1 Abst Code 2130 Property Type Commercial Improvements Subtotal: Total Property Value Account#: R8921200 Owners Name & Address: 1444 VISTA VIEW LLC 1324 HWY 66 LONGMONT, CO 80504 Building* 1 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Square Feet Units 59241.6 59241.6 Buildings Valuation Summary Building Details Actual Value Assessed Value $266,587 $77,310 Actual Value Property Address: Street: 1444 VISTA VIEW DR WELD City: WELD Property Type Commercial Individual Built As Detail Automotive Center Year Built: HVAC: Assessed Value $533,413 $154,690 $800,000 $232,000 Parcel#: 131308205009 2004 Radiant http://maps2.merrick.com/ W ebsite/W e1d/setSgl.asp? cmd=QUERY&DET=PP&pin=1313 0... 8/18/2009 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: a a 1 a Built As SQ Ft: Roof Type: Roof Cover: 6864 Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.merrick. com/ W ebsite/W eld/setSgl. asp?cmd=QUERY&DET=PP&pin=13130... 8/18/2009 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'" Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT )( Staff/Name: ❑ 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 zz���cc�� Date Complaint was received: �JI Pending Case # (i.e. USR, RE, SE, ect...): .%e' DU n p� r /netf ri Zect'itonsi Legal Description: 1.12*C A L. ,(_.�. 1 J I'5� CU \ Y'C //Th-r Parcel # Violation Address: Property Owners Name 1??13 -0`Z -a,- -C-CR Iy�ly �(15� Vw'I�Z IJ,C, Property Owners Address: Tenant's Name: I ?ay I-1'I,vi (o ta) Phone: Tenant's Address: Phone: NATURE OF COMPLAINT: PAA.j)L; C C \ OOIUC ea Pct tC y ev c(Uri 5°L 3Pe.- Additional Notes: Paumo 3'y Document processing fee If document is filed on paper If document is filed electronically Late fee if entity is in noncompliant status If document is filed on paper If document is filed electronically 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 lv A. N _ SOSstateco.us and select Business Center. Paper documents must be typewritten or machine printed. -F7ded $100.00 $ 10.00 $ 50.00 $ 40.00 Colorado Secretary of State Date and Time: 07/28/2009 08:20 AM ID Number: 20081427710 Document number: 20091398235 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to 57-90-30I , et seq. and t7 90-501 of the Colorado Revised Statutes (C.R.S) ID number: 20081427710 Entity name: Jurisdiction under the law of which the entity was formed or registered: 1. Principal office street address: 2. Principal office mailing address: (if different from above) 3. Registered agent name: (if an individual) OR (if a business organization) 1444 Vista View LLC Colorado 1324 HWY 66 (Street name and number) LONGMONT CO 80504 (State) (Postal/Zip Code) United States (City) (Province- if applicable) (Country- if not US) (Street name and ',anther or Post Office Box information) (City) (State) (Postal/Zip Code) (Province — if applicable) CAIN (Counter —if not US) CHRIS A (Last) (First) (Middle) (Sufli.0 4. The person identified above as registered agent has consented to being so appointed. REPORT Page I of2 Rev. 07/17/08 5. Registered agent street address: 1324 HWY 66 (Street name and number) LONGMONT (Cig7 CO 80504 (State) (Postal/Zip Code) 6. Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) Notice: (City) (State) (Postal/Zip Code) (Province— if applicable) (Country— if US) 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: cain linda (Last) 1324 hwy 66 (First) (Middle) (Sufic) (Street name and number or Post Office Box information) longmont CO 80504 (City) (State) (Postal/Zip Code) United States (Provence —if applicable) (Cmmtry—if not US) (The document need not state the true name and address of more than one individual However. if you wish to state the name and address of ant additional individuals causing the document to be delivered Thrilling. mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 oft Rev. 07/17/08 WHEN RECORDED RETURN TO: 13241IWY 66 Longmont, CO 80504 eRecorded in Weld Col CO Doc Id: 3572661 08/18/2008 08:48 A Receipt#: 7373104 Page: 1 of 1 Total Fee: $86.00 Steve Moreno, Clerk and Recorder DP: S aa.SD GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED is made on August 15, 2008 between Mass Investments, LLC, a Colorado limited liability company ("Grantor"), duly organized and existing under the laws of the State of COLORADO, and 1444 Vista View LLC, a Colorado limited liability company ("Grantee"), duly organized and existing under the laws of the State of COLORADO, whose legal address is 1324 HWY 66, Longmont, CO 80504, WITNESS, that the Grantor, for and in consideration of EIGHT HUNDRED THOUSAND AND 00/100 DOLLARS ($800,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee and the successors and assigns of the Grantee forever, all of the real property, together with the fixtures and improvements located thereon, if any, situate, lying and being in the County of WELD and State of COLORADO, described as follows; Lot 9, Block 5, Second Corrected Plat Vista Commercial Center, Filing II, County of Weld. State of Colorado. Also Known As: 1444 Vista View Drive, Longmont, CO 80504 TOGETHER WITH, all and singular the hereditaments and appurtenances thereunto belonging, or in anywise reminder ers, rents, issues proftts thereof and all the estate, ese,right, and interest, claiion m nd reversions, whatsoever of the Gran or, either in law orain 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 Grantee, and the successors and assigns of the Grantee forever. The Grantor, for the Grantor and the successors and assigns of the Grantor, does covenant, grant, bargain and agree to and with the Grantee and the successors and assigns of the Grantee, that at the time of the caseating and delivery of these presents, the Grantor is well -seized of the premises above conveyed, has a good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes , assessments, encumbrances and restrictions of whatever kind or nature soever, except: Jajces and assessments for the current year and subsequent years AND those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accented by the Buyer in accordance with Section 8.1 ("Title Review') of the contract between the parties hereto for the sale and purchase of the herein -described property. The Grantor shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee and the successors and assigns of the Grantee, against all and every person or persons lawfully claiming the whole or any part thereof. EXECUTED AND DELIVERED on the date set forth above. Mass Investments, LLC d � gor By: ask L. Matthews, Manager / STATE OF: COLORADO COUNTY OF: BOULDER The foregoing instrument was acknowledged before me on Au Jack L. Matthews, Mans #.r of Mass Investments, LLC, a Colorado limited liability company. My Commission Expires: t5;2l.. oca- Notary Public 4 M. MARLENE SHANNON NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/24/2012 DEED -OW File No. O0043743 Deed (General Warranty) i Hello