HomeMy WebLinkAbout20091325.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
ZCV #0900007 AGAINST CRAIG AND SUSAN MCCRARY LIVING TRUST 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, Craig and Susan McCrary Living Trust, ZCV #0900007, 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 16th day of June, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Craig McCrary, representative forthe Living Trust, was present at said hearing,
and
WHEREAS, the Board of County Commissioners determined the property owners have
brought the subject property into compliance and deems it advisable to dismiss said matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0900007 against Craig and Susan McCrary Living Trust be, and
hereby is dismissed.
2009-1325
PL0824
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VIOLATIONS - ZCV #0900007 - CRAIG AND SUSAN MCCRARY LIVING TRUST
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of June, A.D., 2009.
ATTEST:
Weld County Clerk to the Boar
BY.
Deputy r' erk to the Board
COMMISSIONERS
N Y.i► • LORADO
Sean P. Conway
APP:. AS t $ : Jt C GzltL
my Attorney
Date of signature
Yrbara Kirkmeyer
EXCUSED
David E. Long
yr
2009-1325
PL0824
Vi -ration Summary Repri
BASIC INFORMATION
MCCRARY CRAIG & SUSAN LIVING TRI2SWCR 48
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Parcel Number:
Certified Mail Date:
BERTHOUD, CO 80513
Bethany Salzman
ZCV09-00007
275 CR 48
PT"SW4 6-4-68 LOT B REC EXEMPT RE -3160 (.18R.50D) SITUS: 275 48
CR WELD
Location
North
South
East
West
North of and adjacent to CR 48 and East of CR 1
Agriculturally Zoned Properties and approximately 1 mile
South of Hwy 60 and Larimer County
Agriculturally Zoned Properties and Schultz PUD
Agriculturally Zoned Properties and PUD (PZ-1085)
Agriculturally Zoned Properties and Larimer County
106106300092-R1101502 Acreage: 6.46
03/05/2009
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.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as
the USE complies with the general intent of the A (Agricultural) Zone District.
REMEDY
As we discussed during the Pre -Application meeting earlier today, the operation of a Commercial
Business (McCrary & Son's LLC) requires a Use by Special Review (USR) permit. We do have
On -Call Planners Monday thru Thursday at the Greeley Planning Office they are available from 7:30 -
11:30 and at the Southwest Planning Office they are available from 12:30 - 4:30. Both offices provide
this walk-in service between the times listed above. As Chris Gathman explained this morning, the
first step is to compose 4 packets for a Completeness Review. Staff will respond within a week as to
the completeness of the application. If a complete USR application is submitted prior to June 16,
2009, the above Violation Hearing will be cancelled.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
01/20/2009 Complaint Validated
01/20/2009 LTTR: 5 Day Letter
02/03/2009 LTTR: Violation Notice
03/05/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
01/19/2009 Property Inspected
2009-1325
Upon a visual inspection of the property, the following
V-lation Summary Repri
items were noted: at least 4 snow plow trucks and other
miscellaneous storage that appeared to make the
property commercial in nature. Upon return to the office
run the property through Westlaw for business ties. No
pictures were taken during this inspection.
01/21/2009 Property Inspected Craig McCrary (532-7787) called. He stated he had just
received my letter. He advised that he was mis-lead by
the previous property owner and his original real estate
agent. They had all advised him that his business was
okay because he was zoned Ag. He apologized. I
simply walked him through the Pre -Application form and
briefly what to expect through the USR process. He said
he would get it turned into us as soon as possible.
03/05/2009 Office Visit Craig McCrary came into the Greeley Planning Office for
a Pre -Application Meeting. Don Carroll, Chris Gathman,
Kim Ogle, Kris Ranslem and I were all present. See
memo in file.
03/09/2009 Certified Mail Receipt Certified Receipt received - signed.
ZC VOR-col
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COLORADO
MEMORANDUM
TO: PA09-024; Case File, pre -application
DATE: March 5, 2009
FROM: Kris Ranslem, Planning Technician
SUBJECT: Pre -Application Meeting prior to submitting
USR for landscaping business
Attendees:
Craig McCrary, Applicant
Don Carroll, Public Works
Lauren Light, Environmental Health
Bethany Salzman, Zoning Compliance
Kim Ogle, Planning
Chris Gathman, Planning
Kris Ranslem, Planning
On Thursday, March 5, 2009 an informal discussion took place at the Greeley Administrative
Offices Conference Room regarding a USR for landscaping business. (The legal description is
Lot B RE -3160; Part of the SW4 Section 6, Township 4 North, Range 68 West of the 6th P.M.;
Situs Address is 275 CR 48)
Background Information
What started out as a venture for the applicant's family to stay busy during the summer has now
become a successful business with up to 22 employees. They have established an LLC which
consist of the applicant, his wife and two sons. It is a full service landscaping company including
snow removal in the winter.
There is an existing 3200 square foot building which is utilized as a warehouse and an additional
shop and enclosure area to store or stack material. A storage container is located on site which
is used for the applicant's personal storage.
A northern portion of their property is planted to alfalfa which a neighbor comes to mow 3-4
times per year. The property is not irrigated.
Public Works
The applicant owns 4 trucks and 4 trailers.
The applicant indicated that the employees carpool to the site.
Access is a paved driveway from CR 48.
No Traffic Study is required; however staff will research the background traffic in the area.
The applicant will need to submit a Site Plan identifying any future or existing buildings, storage
of landscaping material, and equipment parking.
No Flood Hazard Development Permit is required.
Health Department
Water is serviced by Little Thompson Water District. There is one septic system (Permit
#G19930129) on site which will need to be evaluated by a registered engineer td determine
adequacy.
The applicant indicated that he does not store any commercial pesticides on site as he
subcontracts that out.
Planning Department
The applicant indicated that he wishes to plant trees along the northern and western boundaries.
Applicant commented that he does a lot of work for surrounding neighbors and believes that
they are supportive. Staff urged the applicant to obtain letters from surrounding property owners
indicating their support of his business.
The applicant stated that the landscaping business leases an area of the property from the
Trust. Staff stated that the applicant will need to submit that in writing. The applicant indicated
that the USR boundary would not include the existing home on site.
The site is currently in violation (ZCV09-00007) and is scheduled for violation hearings on June
16, 2009. If the application would submit a completed application prior to June 16, 2009 the
violation hearing will be canceled.
Staff explained the USR process - that the applicant shall submit 4 packets for a 7 day
completeness review. Once the 7 day completeness review is complete the applicant will be
informed of what items are still required to make the application complete. After the completed
application is submitted it will be sent out for referral for 28 days. The applicant will then meet
with their Planner to discuss the referrals and address as many of the referrals as possible. At
the meeting the Planning Commission hearing will be scheduled. The Board of County
Commissioners hearing typically follows approximately 3 weeks after the Planning Commission
hearing.
End memorandum.
Atli%
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COLORADO
March 05, 2009
MCCRARY CRAIG & SUSAN LIVING TRUST
275 CR 48
BERTHOUD, CO 80513
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: ZCV09-00007
Legal Description:
PT SW4 6-4-68 LOT B REC EXEMPT RE -3160 (.18R.50D) SITUS: 275 48 CR WELD
Dear MCCRARY CRAIG & SUSAN LIVING TRUST:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
06/16/2009 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.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as
the USE complies with the general intent of the A (Agricultural) Zone District.
To bring your property into compliance with the Weld County Code:
As we discussed during the Pre -Application meeting earlier today, the operation of a
Commercial Business (McCrary & Son's LLC) requires a Use by Special Review (USR) permit
We do have On -Call Planners Monday thru Thursday at the Greeley Planning Office they are
available from 7:30 - 11:30 and at the Southwest Planning Office they are available from 12:30
4:30. Both offices provide this walk-in service between the times listed above. As Chris
Gathman explained this morning, the first step is to compose 4 packets for a Completeness
Review. Staff will respond within a week as to the completeness of the application. If a
complete USR application is submitted prior to June 16, 2009, the above Violation Hearing will
be cancelled.
Page 1 of 2
davit
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COLCSA
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 Salz
Zoning Compliance
pc: ZCV09-00007
er II
U.S. Postal ServiceTM
CERTIFIED MAILS, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
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COLORADO
February 03, 2009
MCCRARY CRAIG & SUSAN LIVING TRUST
275 CR 48
BERTHOUD, CO 80513
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@co.weld.co.us
Case: ZCV09-00007
Legal Description: PT SW4 6-4-68 LOT B REC EXEMPT RE -3160 (.18R.50D) SITUS: 275 48 CR
WELD
Dear: MCCRARY CRAIG & SUSAN LIVING TRUST :
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
23-3-40.0 HOME BUSINESS.
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of
any regulations controlling subdivision. PUD development proposals shall not be permitted to
use the special review permit process to develop.
23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the
USE complies with the general intent of the A (Agricultural) Zone District.
To bring your property into compliance with the Weld County Code:
As we discussed over the phone the operation of a Commercial Business (McCrary & Son's
LLC) requires specific Weld County Zoning permits.
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. I sent
the application with my initial letter however, you may also visit the following web address:
http://www.co.weld.co. usldepartments/planning/Planning/Procedural_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
(11-1P
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-Mailibsalzman@comeld.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
03/03/2009, 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,
r
Bethany Salz
Zoning Compliance Officer II
pc: ZCV09-00007
I.
Page 2 of 2
IUDc
COLORADO
January 20, 2009
MCCRARY CRAIG & SUSAN LIVING TRUST
275 CR 48
BERTHOUD, CO 80513
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: ZCV09-00007
Legal Description: PT SW4 6-4-68 LOT B REC EXEMPT RE -3160 (.18R.50D) SITUS: 275 48 CR WELD
Dear MCCRARY CRAIG & SUSAN LIVING 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:
Upon a visual inspection conducted from the road right-of-way, I noted the presence of
multiple snow trucks. Upon return to my office, I was able to determine that a commercial
operation is being conducted from the property. The operation of a Commercial Business
(McCrary & Son's LLC) requires specific Weld County Zoning permits.
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 u ral_G u ides6-15-08/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).
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: ZCV09-00007
Page 1 of 1
hint Form
sul mitbyEmail 1
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.
C
P
Name:
Phone:
Fax:
Email:
Address:
Project Description:
Section -Township -
Range
Zoning
Parcel Number
Acreage
Site Address
Water Source
Legal Description
Sewer
Owner Name
Is this property currently in violation?
Preferred date and time for meeting:
Office Use On!!
Project Title:
Description:
Review Date:
)(Yes r No
Case Number _
Weld County Department of Planning Services
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,
(SPR) SITE PLAN REVIEWS:
❑ Brie raj ct narrative explaining request
❑ Conceptual site .• u owing all structures, parking, nea
❑ Existing contours and propos-::.des
❑ Conceptual drainage
❑ Conceptual - . + ng elevations
❑ C•.--.tuallandscape plan
s, and driveway access
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 proje tive explaining request
Exhibit showing des i i anges to be made
Location map showing propert , - • • oundin • :. d adjacent uses
Conceptual zoning map showim - - a ; o osed zoning
Conceptual site pla i - : mg all structures, parking, roads, and driveway access
Existin, curs and proposed grades
-Conceptual drainage
Conceptual landscape plan
Weld County Department of Planning Services
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
Identify Results
Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1101502
Tax Area: 2385
Acres: 5.78
Township Range Section Quart. Sec.
04-68-06-3
Owners Name & Address:
MCCRARY CRAIG & SUSAN LIVING TRUST
275 CR 48
BERTHOUD, CO 80513
Business/Complex:
Sale Date
4/19/2002
Sale Price
$395,000
Bordering County:
Sales Summary
Deed Type
WD
Legal Description
Parcel#: 106106300092
Subdivison Name Block# Lot#
Property Address:
Street: 275 48 CR
City: WELD
Reception #
2945956
PT SW4 6-4-68 LOT B REC EXEMPT RE -3160 (.18R.50D) SITUS: 275 48 CR WELD
Land Type
Residential
Abst Code
1112
Land Valuation Summary
Unit of Number of
Measure Units
Acres 5.78
Land Subtotal: 5.78
Bldg#
1
2
Property Type
Residential
Out Building
Improvements Subtotal:
Total Property Value
Account#: R1101502
Buildings Valuation Summary
Owners Name & Address:
MCCRARY CRAIG & SUSAN LIVING TRUST
275 CR 48
BERTHOUD, CO 80513
Building#
1
Built As:
Exterior:
Building Details
Property Type
Residential
Individual Built As Detail
Ranch 1 Story Year Built:
Frame Masonry Veneer HVAC:
Actual Value
Assessed
Value
$115,600 $9,200
Actual Value
$199,333
$314,933
Assessed
Value
$15,870
$25,070
Parcel#: 106106300092
Property Address:
Street: 275 48 CR
City: WELD
1993
Forced Air
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10610... 1/19/2009
Identify Results Page 2 of 2
Interior Finish: Drywall
# of Baths: 2
# of Bdrms: 2
# of Stories: 1
Rooms: 5
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Account#: R1101502
792
0
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
2145
Composition Shingle
0
Detached SQ Ft: 0
Finished SQ Ft: 0
Parcel#: 106106300092
Owners Name & Address: Property Address:
MCCRARY CRAIG & SUSAN LIVING TRUST Street: 275 48 CR
275 CR 48 City: WELD
BERTHOUD, CO 80513
Building#
2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Property Type
Out Building
Individual Built As Detail
Shed - Utility Year Built:
HVAC:
0
0
1
0
Built As SQ Ft:
Roof Type:
Roof Cover:
1993
None
2592
Units: 0
Detached SQ Ft:
Finished SQ Ft:
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10610... 1/19/2009
o
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10" Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970; 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
ZONING CODE COMPLAINT bj 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 (� (�
Date Complaint was received: � -Acv .' '1
Pending Case= (i.e. USR. RE, SE. ect...):
Legal Description: t Vrk��[J,,.. (}C. , " Nip) 0_1 Ti4 �
Violation Address: a 1 . J l
n Cam. .l" .
Property Owners Name: t A(�/ Y��r�t'��I � � �
Property Owners Address:
Parcel //: tap — .. � _
Phone:
Rtivihoaci, et `Tim 3
Tenant' s Name: Phone:
Tenants Address:
NATURE OF COMPLAINT: 1 1 (�(�Lid 1r19C1 r -1 ar<b
I (.)
Additional Notes.
ID number:
Entity name:
Jurisdiction under the law of which the
entity was formed or registered:
You must complete line 1.
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 $ 50.00
If document is filed electronically $ 40.00
Fees & forms/cover sheets
are subject to change.
To file electronically, access instructions
for this form/cover sheet and other
information or print copies of filed
documents, visit www.sos.state.co.us
and select Business Center.
Paper documents must be typewritten or machine printed.
-Filed
Colorado Secretary of State
Date and Time: 02/01/2008 09:04 AM
Id Number: 19991246672
$100.00
$ 10.00 Document number: 20081068047
ABOVE SPACE FOR OFFICE USE ONLY
Annual Report
filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S)
19991246672
MCCRARY AND SON'S LLC
Colorado
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.
1. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing:
McCrary Craig
(Last)
275 WCR 48
(First)
(Middle) (Suffix)
(Street name and number or Post Office Box information)
Berthoud
(City)
CO 80513
(State) (Postal/Zip Code)
(Province— if applicable) (Country— it 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 be delivered for filing, mark this box ❑ and include an attachment stating the
name and address of such individuals.)
REPORT
Page I oft Rev. 01/01/2008
O Mark the box if information requested below is current in the records of the Secretary of State
OR complete Questions 2 through 7.
275 WELD COUNTY ROAD 48
2. Principal office street address:
(Street name and number)
BERTHOUD CO 80513
(City)
u ncigt States (Postal/Zip Code)
(Province —if applicable) (Country— if not US)
3. Principal office mailing address:
(if different from above) (Street name and number or Post Office Box information)
(City)
(State) (Postal/Zip Code)
(Province -ii applicable) (Country- ((not US)
MCCRARY CRAIG S.
4. Registered agent name: (if an individual)
OR (if a business organization)
(Last) (First) (Middle) (Suffix)
5. The person identified above as registered agent has consented to being so appointed.
275 WELD COUNTY ROAD 48
6. Registered agent street address:
7. Registered agent mailing address:
(if different from above)
(Street name and number)
BERTHOUD CO 80513
(Coy) (State) (Postal/Zip Code)
(Street name and number or Post Office Box information)
(City)
(State) (Postal/Zip Code)
(Province —ifapplicable) (Country— if not US)
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. 01/01/2008
956
IIIIII IIIII IIIIIII IIIII IIIII III IIIIIII III IIIII IIII IIII
1of 9o2R 10.00 6 D 39.50WeldCounty C
20 2 JA m Suld pEmo
WARRANTY DEED
THIS DEED, Made on 04/24/02
between Gerald F. Hoyt and Carolyn M. Hoyt
of the County of weld
State of Colorado
v/2/
Craig S. McCrary and Susan F. cCrary
whose legal address iSpppk/p0kfff/ANINA$
Berthoud, CO 80513
of the County ofWeld and State ofColorado , grantees:
WITNESS, That the grantor, for and in consideration of the sum of
Three hundred ninety five thousand dollars and no cents DOLLARS,
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
grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy,
all the real property, together with improvements, if any, situate, lying and being in the
County of Weld and State of Colorado, described as
follows: Lot B
Recorded Exemption No. 1061-06-3-RE316C Being a portion of Section 6,
and
, grantor, and
Township 4 North, Range 68 West
County of Weld
State of Colorado
275 Weld County Road 48
275 Weld County Road 48
as known by street and numbers: /0i10/0i0Wi/ikcaliat/i0/
Berthoud, CO 80513
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest,
claim and demand whatsoever of the grantor, either in law or equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for
himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree
to and with the grantees, their heirs and assigns, that at the time of the ensealing and
delivery of the presents, he is well seized of the premises above conveyed, had 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 for general taxes and assessments for
the year 2002 and subsequent years; and subject to easements, covenants,
reservations, restrictions and rights of way of record. TOGETHER WITH
Exhibit "A" exceptions continued incorporated herewith by mention.
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises
in the quiet and peaceable possession of the grantees, their heirs and assigns, against
all and every person or persons lawfully claiming thethe whole the partsingthereof.
the useeof.
The singular number shall include the plural, plural
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF„ the grantor has executed this deed on the date set forth above.
Jr/�
Carolyn M. yt
Jerald F. Hoyt
STATE OF Colorado
} S.S.
County of Larimer day of
The foregoing instrument was acknowledged before me this 19th April
2002 by Gerald F. Hoyt and Carolyn M. Hoyt
KAY GREENWALT
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Feb. 28, 2008
15303SR
Rev. 10 vs warranty Dead (To Joint tenants)
NORTH AMERICAN TITLE COMPANY
witness my hand and official seal.
My commissipn expires
ka
Notary Public
EXHIBIT "A" EXCEPTIONS CONTINUED
11111111111111111111111111111
2945966 04/2612002 01:26P JA Suq Tsulomoto
2 of 2 A 10.00 0 39.50 Weld County CO
Water Rights, or claims or title to water, whether or not shown by the
public records.
Any existing leases or tenancies.
Rights of Way for county roads 30 feet on either side of section and
township lines, as established by the Board of County Commissioners for
Weld County, recorded October 14, 1885, in Book 86 at Page 273.
The right of the proprietor of a vein or lode to extract or remove his
ore, should the same be found to penetrate or intersect the premises
thereby granted and rights of way for ditches and canals as reserved in
the United States Patent recorded February 11, 1899 in Book 51 at Page
400, and any and all assignments thereof or interests therein.
The right of the proprietor of a vein or lode to extract or remove his ore, should
the same be found to penetrate or intersect the premises thereby granted and rights
of way for ditches and canals as reserved in the United States Patent recorded
September 2, 1903 in Book 132 at Page 74, and any and all assignments thereof or
interests therein.
Right of way for the Home Supply and Handy Ditches and Laterals as disclosed by
deeds recorded March 7, 1890 in Book 87 at Page 300 and March 2, :591 in Book 76 at
Page 352 and June 2, 1903 in Book 163 at Page 4C9.
1/2 interest in all oil, gas and/or other minerals as reserved by Deed recorded May
24, 1960 in Book 1558 at Page 514, and any and all assignments [hereof or interests
therein,
1/2 interest in all oil, gas and/or other minerals as reserved by Deed recorded
October 29, 1965 at Reception no. 1474599, and any and all assignments thereof or
interests therein.
An oil and gas lease recorded February 1, 1962 in Book 1E05 at Page 393, and any and
all assignments thereof or interests therein.
An easement granted by the instrument recorded February 3, 1978 at Reception No.
1743559.
An oil and gas lease recorded January 5, 1982 at Reception No. 1679456, and any and
all assignments thereof or interests therein.
An easement for electric lines and incidental purposes granted to Poudre Valley
Rural Electric Association by the instrument recorded June 1, 1993 at Reception No.
2334980.
All easements and notes on the recorded map of Recorded Exemption 1061-06-3
RE3160.
File No, 164323
Hoyt/McCrary
0275 County Road 48
Berthoud, CO 80513
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