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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 00', rL, 0c- �'%�i4'7c)cT 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 4Ka II`Dt 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% YIEYYc 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 hiDe 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) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees Postmark Here la Vl ALT(t,l_S- 0 m o m a • E 2 m o 0 Sent To Street, AptNor PO Box No. lV�. - 1 City. State, ZIPt co W.J Y5 Page 2 of 2 8 0 t E d egt ❑DO ittitstr 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 Hello