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Home My WebLink About20023140.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DAVID DICKERSON/ROBIN FRASER 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, David Dickerson/Robin Fraser, VI #0200511, 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 10th day of December, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, David Dickerson, property owner, and Robin Fraser, tenant, were present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until March 10, 2003, to allow adequate time for the property owner and tenant to complete the litigation of selling or retaining the property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0200511 be, and hereby is, referred to the Weld County Attorney's Office for legal action against David Dickerson/Robin Fraser to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until March 10, 2003, to allow adequate time for the property owner and tenant to complete the litigation of selling or retaining the property. 2002-3140 PL0824 CO IL) V/D VIOLATIONS -VI #0200511 - DAVID DICKERSON/ROBIN FRASER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of December, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD)COUN , COLORADO ATTEST: atelik into GLdt�7 a , fi �s / ( end Vaad, Chaii��_� Weld County Clerk tot B9rd 8, „ �( pl David E. Long, Pro-TernBY: Deputy Clerk to the Bo EXCUSED M. J. Geile APPROVED AS TO FORM: - St WIT H. Jerke County Attorney Robert . Masden Date of signature: /a"7 2002-3140 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr.Paul Dickerson c/o Dr.David Dickerson Tenant: Ms.Robin Fraser Violation: VI-0200511 Owner Mailing Address: 203 G Street, Salida,CO 81201 Sites&Tenant Address: 10451 CR 14.5,Fort Lupton,CO 80621 Legal: SE-773 also known as part of the NW4 of Section 35,T2N,R67W of the 6'h P.M.,Weld County,Colorado Location: Approximately 2 'A miles East of Frederick,2 miles West of Highway 85 and the City Limits of Fort Lupton,West of and adjacent to CR 23, South of and adjacent to CR 14.5. North: Agricultural South: Agricultural East: Agricultural West: Agricultural Parcel Number: 1311-35-0-00-088 Acreage: 18.55 Acres Certified mail date: October 30,2002 Received: November 6,2002 Currently the property is in violation of Chapter 23,Article III,Division 1 of Sections 23-3-20, 23-3-30 and 23-3- 30.I,Chapter 23,Article IV,Division 3 of Sections 23-4-140 and 23-4-160, Chapter 29,Article V of Sections 29-5- 10 and 29-5-10.A and Chapter 29,Article VII of Section 29-7-10 of the Weld County Code. REMEDY To bring the property into compliance,the property owner shall remove both mobile homes,remove,restore or completely screen the Noncommercial Junkyard from all adjacent properties and public rights-of-ways and obtain an electrical permit for the work completed on the new"pump house". RECOMMENDATION Due to the continued communication between Ms.Fraser,Dr.Dickerson and our office,the Department of Planning Services recommends that this case be referred to the County Attorney's Office,but to delay action for 30 days. CASE HISTORY September 13,2002 Initial complaint received. September 16,2002 Initial inspection completed. September 16,2002 Five day compliance encouragement letter issued. September 21,2002 Received faxed letter from"tenant". 2002-3140 Violation Summary Cont. Page 2,VI-0200511 September 23,2002 Response to faxed letter and Violation letter issued. September 25,2002 Property inspected. Property still in violation. September 28,2002 Received e-mailed letter and photos from"tenant". October 30,2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. November 18,2002 Received letter from Dr.Dickerson to Ms. Fraser. November 26,2002 Received e-mailed letter from Ms.Fraser. + 1 R O\CKE=SDy Weld County Planning Department ., Dickerson Chiropractic Clinic, P.C. r OFFICE N0V 18 2002 David P. Dickerson, D.C. 203 G Street Salida, CO 81201 711539-4398 RECEIVED CA„ G•(\G November 4, 2002 Robin Fraser 10451 Weld C.R. 14 %] Fort Lupton, CO 81621 Robin Fraser, This letter is to inform you that I have the power of attorney representing Paul Dickerson. Paul Dickerson is my father. This letter is also to inform that as the landowner, you are hear by notified that you shall remove your junk from our property within 20 days. The junk that I am referring to is listed in the letters from the Weld County Department of Planning Services, specifically written by Bethany Salzman, Zoning compliance officer. Should you fail to remove the said items within the time allotted, I will initiate civil suit against you for failure to comply with the landowner's request. From this point forward, you will not be dealing with Mr. Paul Dickerson, you will be dealing with Dr. David Dickerson as well as my sister, Dr. Dana True. Additionally, you have no authorization to make any improvements on the property located at 10451 Weld C.R. 14 ''/z, if you do, then there is no compensation toward you what so ever for any improvement. Should an improvement be necessary, then it will be required to be in writing and it will be required to be authorized by myself. If you require communication with me, your phone calls will not be accepted. The only communication that I will accept from you is by written letter. Dr. Dave Dickerson 203 G St. Salida, CO 81201 CC: Dr. Dana True CC: David Pehr, Esq. CC: Bethany Salzman DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US WI IBC. . Address: bsalzman@co.weld.co.us E-mail1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100 Fax(970) 304-6498 COLORADO October 30, 2002 Mr. Paul Dickerson 1290 O Rd Loma, CO 81524-9557 Ms. Robin Fraser 10451 CR 14.5 Fort Lupton, CO 80621 Dr. Dave Dickerson 203 G Street Salida, CO 81201 Subject VI-0200511, SE-773, also known as part of the NW4 of Section 35, T2N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Dickerson, Dr. Dickerson, and Ms. Fraser: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on December 10,2002,at 10:00 a.m.,to consider the violations occurring on the property. As we have previously discussed the above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial junkyard." Chapter 23,Article IV, Div 3 "Mobile Homes" -No mobile home may be located or relocated in the County after August 25,1981,except in accordance with this Division,including the issuance of any zoning permit which may be required by this Section. Each mobile home located or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29 of this Code.... Section 234-140 "Mobile homes permitted in the A Zone District." Section 23-4-160 "Temporary storage." Chapter 29,Article V "Electrical Permits." Section 29-5-10 "Electrical permit required." Section 29-5-10.A "A property owner,authorized agent or contractor who desires to erect,install,enlarge,alter, repair,remove,convertor replace an electrical system,the installation of which is regulated by the NEC,or to cause such work to be done,shall first make application to the Building Inspection Department and obtain the required permit for the work. A permit shall be obtained for all electrical equipment moved within or installed in any relocated building. Prior to the connection of electrical service,a permit shall be obtained and inspection and approval secured for every mobile,manufactured or factory-built home or movable structure that is moved into or within the County. A separate permit shall be obtained for each building,structure or installation." Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits" Section 29-7-10 "Permit required." -No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. Mr. Dickerson and Ms. Fre Page 2 To bring the property into compliance the following option(s)are available: As indicated above, the "Noncommercial Junkyard" shall be removed, restored or screened from all adjacent property owners and public rights-of-way. 1 The mobile homes shall be removed or obtain a"Temporary Storage"Zoning Permit and a Building Permit. An electrical permit shall be obtained for electrical work re-installed in the new"Pump House". This meeting 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 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 pc: VI-0200511 Trudy Halsey, Building Compliance Officer Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY QUALITY ari, DEPARTMENT OF PLANNING SERVICES Code Compliance Division ' WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C c Phone (970) 353-6100 • Fax (970) 304-6498 COLORADO October 30, 2002 Mr. Paul Dickerson 1290 O Rd Loma, CO 81524-9557 Ms. Robin Fraser 10451 CR 14.5 Fort Lupton, CO 80621 Dr. Dave Dickerson 203 G Street Salida, CO 81201 Subject: VI-0200511, SE-773, also known as part of the NW4 of Section 35, T2N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Dickerson, Dr. Dickerson, and Ms. Fraser: The property referenc•-)above remains hi violation lation of the Weld County Code. I have scheduled a: reting with the Board of County Commissioners on D;-ember 10,2002,at 10:00 a.m.,to consider the violations occurring 1m the property. As we have previously discussed the above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Ankle ill, Div 1 "A(Agricultural)Zone District" Section 23-3.20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section,e3.3-30.1 "Noncommercial junkyard." Chapte.23,Article IV, Div 3 "Mobile Homes" -No mobile home may be located or relocated in the County after August 25, 1981,except in accordance with this Division,including the issuance of any zoning permit which may be required by this Section. Each mobile home located or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29 of this Code.... Section 23-4-140 "Mobile homes permitted in the A Zone District." Section 23-4160 "Temporary storage." Chapter 29,Article V "Electrical Permits." Section 29-5-10 "Electrical permit required." Section 29-5-10.A "A property owner,authorized agent or contractor who desires to erect,install,enlarge,alter, repair,remove,convertor replace an electrical system,the installation of which is regulated by the NEC,or to cause such work to be done,shall first make application to the Building Inspection Department and obtain the required permit for the work. A permit shall be obtained for all electrical equipment moved within or installed in any relocated building. Prior to the connection of electrical service,a permit shall be obtained and inspection and approval secured for every mobile,manufactured or factory-built home or movable structure that is moved into or within the County. A separate permit shall be obtained for each building,structure or installation." Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits" Section 29-7-10 "Permit required." -No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. Mr. Dickerson and Ms. Fraser Page 2 To bring the property into compliance the following option(s)are available: As indicated above, the "Noncommercial junkyard" shall be removed, restored or screened from all adjacent property owners and public rights-of-way. The mobile homes shall be removed or obtain a'Temporary Storage"Zoning Permit and a Building Permit. An electrical permit shall be obtained for electrical work re-installed in the new"Pump House". This meeting 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 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 pc: ✓I-C'.6i0511 Trujy Halsey, Building Compliance Officer Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) m m Postage I y 1 11 Certified Fee I Li" Return Receipt Fee I I Postmark (Endorsement Required) Hem cm Restricted Delivery Fee I im (Endorsement Required) Total Postage&Fees I$ ti rt7 'Recipient's Name (Please Print Clearly)(To be completed by mailer) C MR. PAUL DICKERSON Street,Apt No.;or PO Box No. o 1290 0 RD o City,State,ZIP*4 r` LOMA CO 81524-9557 S F.rm3 n, , . .•i. SERVICE,TEAMWORK,INTEGRITY,QUALITY 7000 0520 0025 0405 ]33= o-1 o g v i , 1 -T SENDER: COMPLETE THIS SECTION wnumhar;+1•ir�lA�+lreirs••�k°ia,irra=+_ ' y n• n 9 0 °a DI o T C Im CA • Complete items 1,2,and 3.Also complete [&,Si9nat ure ., r12.1-1 !-Mi .:,, a 3 n m 1 0 item 4 if Restricted Delivery is desired. , J1 A2.4. 0 Agent = c-"a n o `° a nz� n a T • Print your name and address on the reverse �( �/,",l.'.�/ //)r/A2,' Addressee 'Tr o z m ,°, a� 8o a " M so that we can return the card to you. s Ow B. R eived by f r+mr e) C. Date of Delivery z o°ay m 1 .48 8s xf 8 m v S • Attach this card to the back of the mailpiece, I m v ; g_. or on the front if space permits. 11-a-'b / _ n CI 1≤ 9 co m a «• . D m D. Is delivery address different from item 1? ❑Yes - O o ° `� r- 1. Article Addressed to: If YES,enter delivery address below: 0 No %d a 2 D Is: o m MS. ROBIN FRASER 0 it 2 n 10451 CR 14.5 N t rn FORT LUPTON, CO 80621 0 3. Service Type o' n Ian Certified Mail ❑ Express Mail . o v 0 Registered ❑ Return Receipt for Merchandise ° ❑ Insured Mail 0 C.O.D. re v mg,: m F 4. Restricted Delivery?(Extra Fee) ❑Yes a $ g o 2. Article Number irtu S (Transfer from service label) 7000 0520 0025 0405 0336 PS Form 3811,August 2001 Domestic Return Receipt 102595-02'M'1035 7000 05'0 0025 0405 ]305 .we.ulyp9l a+ileen aNLenro.Y An 4iI liamimi - Q CP. SENDER: COMPLETE THIS SECTION N dm a 'aa '�l A. Signet H� m %v ° °C a� a p n c ■ Complete items 1;2,and 3.Also completeagent • X Agent ° a m` v 2 m 3 e 0 M m item 4 if Restricted Delivery is desired. a'� ''t.. d °O ;m n o M —f 0 • Print your name and.address on the reverse aCAP C `" 0 a= D0 a T 0 so that we can return the card to you. B. Received by(Printed Name) �� pate gt Delivery ...0 t o m r Sz ao a 0, `' m m • Attach this card to the back of the mailpiece, / !tit.—f • m o al m E 1a it a `m y O ry or on the front if space permits. D. Is delivery address different from item r1? C7 Yes H o m - CO O y m 1. Article Addressed to: If YES,enter delivery address below: 0 No z 01 z a �' DR. DAVE DICKERSON a 2 RI o m 203 G STREET z 3 .- m SALIDA, CO 81201 c . P, n 1 3. Service Type --- 0 XXIXertified Mail 0 Express Mail • ° n ❑ Registered 0 Return Receipt for Merchandise vo 0 Insured Mail 0 C.O.D. °n 4. Restricted Delivery?(Extra Fee) 0 Yes a `"a N 2. Article Number • 3 w U m o Tanserfrom servmelaoeq 7000 0520 0025 0405 0305 it• 2 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 - c I al titGlllliXll�l)4ilt ° 1� eip1G�Ct �_ x:u _ .x t F,....,..:•,•„,.:417,...,..„,„---„,...,- '• =r17,....4.{ 4t - /' 7 .a`i :'' f tea- �` _ - ;� _ _ .._,.' \fill 1 ` ff • '' • ',s `I. t i ,t 'a ', ) w r � ,. 3"r-JI s 1 • c s • �`, € t� ` .�f-7Ye-4 31 ., � .I43+(•*to --,1 it•a rk v',t} it_.. .-- �i��.—A. 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III Start GroupWise:.:, �Qorel Word.::, PERMITS ...I Mall From:<... r ..Q ,= _ _P 1__ t. p —_ -- Robin L.Fraser --- — -- - 10451 W.C.R.14% Ft Lupton,Co. 80621 September 28,2002 Weld County,Colorado Department of Planning Services Code Compliance Division Attn: Bethany Salzman Zoning Compliance Officer Cc:Attorney Ben Thompson Ms.Salzman,in reference to your reply dated September 23,2002, Re: the pump house: ALL MATERIALS,SUPPLIES ETC..ARE BRAND NEW PURCHASED FROM HOME DEPOT,LOWES AND GEORGES. This kind of insinuation could cost a very good job and someone willbe held liable. I do have all receipts and you could clearly see be looking at the materials that it is all new. I suggest someone investigate the informant prior to making accusations of this nature. Re: the mobile homes: all around us are many mobile homes on land and being lived in by ranch hands etc.,is that not an option forme at some point also? Let me remind you that Mr.Dickerson(Paul)and I have been in a legal battle for over two years now in regards to this property and his word. In fact he is in default of a mediation agreement! settlement from May 8,2001. I am sure that you can see the possible connection in the now complaints as our court date nears. This type of harassment has gone on the whole time. As this is clearly a harassment issue,l would like the name of the person that filed the complaint. I am entitled to that information,ant I not? I am positive that it would be a Dickerson family member • or one of their friends. I do understand your position,please understand mine in this matter. Respectfully, Robin L.Fraser AR Start GroupWise Word...I a'PERMITS'..:I Mail From:<...I gMailFrom <.I It'weld county_ I `" %ti'DT-PRN_) .4! ( l j-&h`( 3 4.42 PM / 1 st6"; Weld County Department of Planning Services Inspection Report wok o 1555 N. 17th Avenue COLORADO Greeley, CO 8O631 V J Permit/CaseNo.: \1�—(�7hres '3 PropertyOwnerName:_ ( VP reAr l Address: Upon a visual inspection of the property listed above, the following items were noted: nm --b trvt nrywh) kaAr A ft)tr-t Inspectionby:J_ Contact Name:~\"6�)C t�` Contact Phone Number: 970-353-6100. Ext. 3540 Copy of this inspection was: cilr _ • _---� Pictures on file: $yes 0 No (1 a ' DEPARTMENT OF PLANNING SERVICES 111 gCode Compliance Division O Website: WWW.CO.WELD.CO.US • E-mail Address: bsalzman@co.weld.co.us COLORADO 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 • WELD COUNTY ZONING VIOLATION NOTICE September 23, 2002 Mr. Paul Dickerson 1290 O Rd Loma, CO 81524-9557 Ms. Robin Fraser 10451 CR 14.5 Fort Lupton, CO 80621 Dr. Dave Dickerson 203 G Street Salida, CO 81201 Subject: VI-0200511, SE-773, also known as part of the NW4 of Section 35, T2N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Dickerson, Dr. Dickerson, and Ms. Fraser: First, let me respond to your attached letter (Ms. Fraser. On your fax cover sheet, you indicated several other violations. As I am sure you are well aware,Weld County is a large County,as a result,we work on a complaint only basis. Based upon your letter, I will investigate the other properties that you have indicated, and if necessary initiate violations on those as well. The"Pump House":You are correct that any structure under 120 square feet does not require a building permit; however, we have received information that the materials used to cone ructthis structure are from Rocky Flats. Because of the pending health and safety concerns,this aspect of the violation hAs been forwarded to the Weld County Department of Public Health and Environment. The property owner: When a violation is initiated, the property owner and/or any other person claiming an interest in the property is notified. You, as the tenant, are claiming an interest in the property. However, as I indicated during our telephone conversation, this violation is against all of the above mentioned parties. "Noncommercial Junkyard" consisting of derelict vehicles, tires, wood, metal, iron and miscellaneous debris. It is not my intention to separate out pieces of debris to determine what belongs to whom. My only intention is to bring the property into compliance with the Weld County Code. In so doing, the only options for a "Noncommercial Junkyard"are removal, restoration or complete screening from all adjacent property owners and public rights-of-ways (roads). Mr. Dickerson,Mr. Dickerson °r.Ms. Fraser Page 2 The mobile homes: In order to even store a mobile home on a property a Zoning Permit and a Building Permit shall be obtained. A"Temporary Storage of a Mobile Home"permit is only valid for 6 months and can only be renewed by the Board of County Commissioners. Additionally, more than 1 (one) mobile home shall be heard by the Board of County Commissioners. Please note that had a fax number been available for Mr. Ben Thompson, a letter would have been forwarded to his office as well. However, I was unable to forward a copy to his office without his number. 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, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial junkyard." Chapter 23,Article IV, Div 3 "Mobile Homes" -No mobile home may be located or relocated in the County after August 25, 1981, except in accordance with this Division,including the issuance of any zoning permit which maybe required by this Section. Each mobile home located or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29 of this Code.... Section 23-4-140 "Mobile homes permitted in the A Zone District." Section 23-4-160 "Temporary storage." Chapter 29,Article VII "Mobile,Manufactured or factory-Built Home Permits" Section 29-7-10 "Permit required." -No mobile,manufactured or factory-built home,as defined in this Building Code,may be located or relocated within the County without a building permit issued by the Building Official. To bring your property into compliance with the Weld County Code: As indicated above, the"Noncommercial Junkyard"must be removed, restored or screened from all adjace.n property owners and public rights-of-way. The mobile homes shall be removed or obtain a"Temporary Storage"Zoning Permit and a Building Permit. 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 30 (thirty) days from , September 23,2002,to correctthis 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 helpful. 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 Salz n Zoning Compliance Officer pc: VI-0200511 Wendi Inloes, Planning Technician Trudy Halsey, Building Compliance Officer Cindi Etcheverry, Public Health & Environment Phil Brewer, Public Health & Environment Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY 09/21/2002 09:49 3038578019 FRASER PAGE 01 10451 W.C.R. 14'A,FORT LUPTON,CO.80821 HOME 303-857-8018 FAX 303-857-8019 FRASER HOME Fax TO: BETHANY SALZMAN Prone ROBIN FRASER Pam 970-304-6498 Pages: 2 Phone: 970-353-6100 X 3540 Dated 09/21/02 Re: COMPAINT _ CC: BEN THOMPSON ATTY ❑Urgent ❑ For Review ❑Please Comment ❑Please Reply O Please Recycle • Conannents: WAS THIS EVENT DUE TO A COMPLAINT? EITHER WAY YOU NEED TO RESEARCH THE WHOLE AREA OUT HERE AS 2 DOORS TO THE WEST OF ME THEY ACTUALLY HAVE 4+ DERELICT CARS, 1 HOUSE EAST OF ME MASSIVE GARBAGE PILES USUALLY INCLUDING DEAD ANIMALS, 2 HOUSES EAST DERELICT CARS AND LOTS OF JUNK AND AROUND THE CORNERS EVEN MORE. IF NEEDED, I CAN SUPPLY PICTURES TO YOU OF JUST SOME OF THE CLEAN-UP AND HAUL OFF I HAVE DONE IN THE PAST 2 '14 YEARS THAT BELONGED TO MR PAUL DICKERSON. IF YOU FEEL THE NEED TO PERSUE ANY OF THIS, I SUGGEST YOU PERSUE THE ACTUAL PROPERTY OWNER, MR. PAUL DICKERSON. THANKS AGAIN FOR YOUR HELP, UNDERSTANDING, AND PATIENCE IN THIS TRULY DELICATE MATTER O2-7 b'df2i/2002 09: 49 3038578019 FRASER � - PAGE 02 ROBIN L.FRASER 10451 W.C.R. 14 FORT LUPTON, CO. 80621 HOME(303)857-8018 FAX (303)8574019 SEPTEMBER 20,2002 WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES CODE COMPLIANCE DIVISION ATTN: BETHANY SALZMAN ZONING COMPLIANCE OFFICER MS. SALZMAN, IN REFERENCE TO YOUR Lk i i,ER DATED SEPTEMBER 16,2002 AND MY ORIGINAL PHONE CALL TO YOU ON THE 18Th WHEN THE LETTER WAS RECEIVED. FIRST OF CALL PLEASE CORRECT YOUR RECORDS I AM MS.NOT MR AND PLEASE CORRECT THE SPELLING OF MY LAST NAME. AS I EXPLAINED TO YOU ON THE PHONE I AM NOT THE PROPERTY OWNER AND WE HAVE SEEN IN A LEGAL BATTLE FOR OVER TWO YEARS NOW, ALSO NOTE THE LEGAL PROPERTY OWNER IS MR PAUL DICKERSON ONLY,UNLESS THERE HAS BEEN A CHANGE THAT NIETHER THE COURTS NOR I HAVE BEEN NOTIFIED OF. IN REFERENCE TO THE COMPLIANCE ISSUES,PLEASE NOTE THE FOLLOWING: DERELICT VEHICLES: THERE IS ONLY ONE LEFT HERE ON THIS PROPERTY AND IT WAS HERE WHEN I MOVED IN IT BELONGS TO MR PAUL DICKERSON AND IT IS FULL OF HIS PERSONAL EFFECTS THAT HE NEVER PICKED UP. TIRES: I HAVE ALREADY DISPOSED OF OVER 100 TIRES AND THEY WERE ALL LEFT BEHIND ALSO BY MR PAUL DICKERSON. 3 MOBILE HOMES: I ONLY HAVE 2 AND THEY ARE BOTH GOING TO BE REFURBISHED EVENTUALLY. HOPEFULLY ONE WILL GO TO FAIRPLAY WHERE WE HAVE SOME LAND AND IT IS UNDECIDED YET WHAT WE WILL DO WITH THE OTHER ONE WHEN IT IS DONE. IF NEEDED YOU MAY ASSESS THEM BOTH FOR TAX REASONS AND SEND ME A BILL,I WOULD BE GLAD TO TAKE CARE OF THAT AS THEY ARE MY RESPONSIBILITY, FENCING: I HAVE BEEN REPAIRING AND REPLACING FENCES AS I CAN FOR THE PAST 2!4 YEARS. '.AM NOT THE HOMEOWNER YET AND WITH THE LEGAL BATTLE I HAVE BEEN IN IT WOULD BE HIS RESPONSIBILITY. WOOD,SCRAP,&ETC: I HAVE A BURN PILE BY A PIT,BUT AS YOU ARE AWARE THERE HAS BEEN HAULT TO ANY AND ALL FIRES FOR QUITE A WHILE, THE SCRAP PIPES THAT I HAVE SEVERAL NEAT PILES OF ARE FOR MY PIPE&POST FENCING THAT I HAVE BEEN REPLACING AS I CAN. THIS IS THE SAME WITH THE OTHER FENCING MATERIALS. ALSO NOTE THAT THE NEW PUMP HOUSE WE ARE BUILDING IS UNDER THE LIMIT OF 120 SQUARE FEET. YOU MAY COME BY AT YOUR LIESURE AND MEASURE IF YOU WOULD LIKE, RESPEC Y, KHtK PAGE 01 10461W C.R.14'%,FORT LUPTON,CO.80821 HOME 303-857-8018 FAX 303867-8019 FRASER HOME Fax TO: BETHANY SALZMAN From: ROBIN FRASER Fa1c 970-304.8498 Pages: 2 Phone: 970-3536100 X 3540 Data 09/21/02 Rat COMPAINT CC; BEN THOMPSON ATTY ❑Urgent ❑ Por Review O Please Cerement O Please Reply O Please Recycle • Comments: WAS THIS EVENT DUE TO A COMPLAINT? EITHER WAY YOU NEED TO RESEARCH THE WHOLE AREA OUT HERE AS 2 DOORS TO THE WEST OF ME THEY ACTUALLY HAVE 4+ DERELICT CARS, 1 HOUSE EAST OF ME MASSIVE GARBAGE PILES USUALLY INCLUDING DEAD ANIMALS, 2 HOUSES EAST DERELICT CARS AND LOTS OF JUNK AND AROUND THE CORNERS EVEN MORE. IF NEEDED, I CAN SUPPLY PICTURES TO YOU OF JUST SOME OF THE CLEAN-UP AND HAUL OFF I HAVE DONE IN THE PAST 2 % YEARS THAT BELONGED TO MR PAUL DICKERSON, IF YOU FEEL THE NEED TO PERSUE ANY OF THIS, I SUGGEST YOU PERSUE THE ACTUAL PROPERTY OWNER, MR. PAUL DICKERSON. THANKS AGAIN FOR YOUR HELP, UNDERSTANDING, AND PATIENCE IN THIS TRULY DELICATE MATTER FRASER PAGE 02 ROBIN L.FRASER 10451 W.C.R. 141% FORT LUPTON, CO.80621 HOME(303)857-8018 FAX (303)857-8019 SEPTEMBER 20,2002 WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES CODE COMPLIANCE DIVISION ATTN: BETHANY SALZMAN ZONING COMPLIANCE OFFICER MS.SALZMAN, IN REFERENCE TO YOUR LETTER DATED SEPTEMBER 16,2002 AND MY ORIGINAL PHONE CALL TO YOU ON THE 18Th WHEN THE LETTER WAS RECEIVED. FIRST OF CALL PLEASE CORRECT YOUR RECORDS I AM MS.NOT MR.AND PLEASE CORRECT THE SPELLING OF MY LAST NAME. AS I EXPLAINED TO YOU ON THE PHONE I AM NOT THE PROPERTY OWNER AND WE HAVE BEEN IN A LEGAL BATTLE FOR OVER TWO YEARS NOW. ALSO NOTE TH6 LEGAL PROPERTY OWNER IS MR. PAUL DICKERSON ONLY,UNLESS THERE HAS BEEN A CHANGE THAT NIETHER THE COURTS NOR I HAVE BEEN NOLIMED OF. IN REFERENCE TO THE COMPLIANCE ISSUES,PLEASE NOTE THE FOLLOWING: DERELICT VEHICLES: THERE IS ONLY ONE LEFT HERE ON THIS PROPERTY AND IT WAS HERE WHEN I MOVED IN IT BELONGS TO MR.PAUL DICKERSON AND IT IS FULL OF HIS PERSONAL EFFECTS THAT HE NEVER PICKED UP. TIRES: I HAVE ALREADY DISPOSED OF OVER 100 TIRES AND THEY WERE ALL LEFT BEHIND ALSO BY MR PAUL DICKERSON. 3 MOBILE HOMES:I ONLY HAVE 2 AND THEY ARE BOTH GOING TO BE REFURBISHED EVENTUALLY. HOPEFULLY ONE WILL GO TO FAIRPLAY WHERE WE HAVE SOME LAND AND IT IS UNDECIDED YET WHAT WE WILL DO WITH THE OTHER ONE WHEN IT IS DONE. IF NEEDED YOU MAY ASSESS THEM BOTH FOR TAX REASONS AND SEND ME A BILL,I WOULD BE GLAD TO TAKE CARE OF THAT AS THEY ARE MY RESPONSIBILITY. FENCING: I HAVE BEEN REPAIRING AND REPLACING FENCES AS I CAN FOR THE PAST 2 %, YEARS. [AM NOT THE HOMEOWNER YET AND WITH THE LEGAL BATTLE I HAVE BEEN IN IT WOULD BE HIS RESPONSIBILITY. WOOD, SCRAP,&ETC: I HAVE A BURN PILE BY A PIT,BUT AS YOU ARE AWARE THERE HAS BEEN HAULT TO ANY AND ALL FIRES FOR QUITE A WHILE. THE SCRAP PIPES THAT I HAVE SEVERAL NEAT PILES OF ARE FOR MY PIPE&POST FENCING THAT I HAVE BEEN REPLACING AS I CAN. THIS IS THE SAME WITH THE OTHER FENCING MATERIALS. ALSO NOTE THAT THE NEW PUMP HOUSE WE ARE BUILDING IS UNDER THE LIMIT OF 120 SQUARE FEET. YOU MAY COME BY AT YOUR LIESURE AND MEASURE IF YOU WOULD LIKE. RESPECT Y, DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 C� Fax: (970) 304-6498 COLORADO September 16, 2002 Mr. Paul Dickerson 1290 O Rd oma, CO 81524-9557 Robin Frazier 10451 CR 14.5 Fort Lupton, CO 80621 Dr. Dave Dickerson 203 G Street Salida, CO 81201 Subject: VI-0200511, SE-773, also known as part of the NW4 of Section 35, T2N, R67W of the 6`" P.M., Weld County, Colorado Dear Mr. Dickerson, Dr. Dickerson, and Mr. Frazier: 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. The potential noncompliance with the Weld County Code is the maintenance of at least 3 mobile homes,without permits. Additionally,an apparent"Noncommercial junkyard" consisting of derelict vehicles,wood,fencing and miscellaneous debris was noted. Lastly,please be advised that all buildings over 120 square feet require a permit. If the structure is an "Agriculturally Exempt" structure, it r ..luires a free permit called a COC (Certificate of Compliance). If the structure is not strictly used For ",-.gricultural purposes"then a regular building permir shall be obtained. Fur your convenience, I have included the appropriate definitions: DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power);or is partially or totally dismantled; or has all or portions of its body work missing or is substantially damaged;or is not registered with the State of Colorado,as 'equi red by Section 42-3-103,CRS,or by Sections 42-3-138 or 42-12-102,CRS,and/or the number plate assigned to it is not permanently attached to the vehicle,as required by Section 42-3-123,CRS;or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment as required in Sections 42-4-202 to 42-2-227,CRS. This definition shall not include;implements of husbandry,farm tractors, or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences,earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise,light,heat or visual impacts of a USE on surrounding USES. NONCOMMERCIAL JUNKYARD:An area where any waste,JUNK,or used or second hand materials are stored or handled, including, but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials, and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES. The NONCOMMERCIAL JUNKYARD shall be totally enclosed within a building or structure or visually SCREENED from all adjacent properties and public rights-of-way. JUNK:Scrap brass,iron,lead,tin,zinc;all other scrap metals and alloys;bones;rags;used cloth,rope,rubber,tinfoil,bottles, old or used machinery of any type;used tools, used appliances;used lumber or crates;building materials;fabrication of any material; used pipe or pipe fittings;used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn,deteriorated,or obsolete as to make them unusable in their existing condition. Mr. Dickerson, Dr. Dickerson ^"d Mr. Frazier Paget ' Please contact me within five working days of the date of this letter to review these concerns with me. Failure to show progress or to close the violation, will result in a thirty-day violation notice being issued. 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 pc: VI-0200511 Trudy Halsey, Building Compliance Officer Department of Planning Services Bruce Barker, County Attorney • SERVICE,TEAMWORK,INTEGRITY,QUALITY • I'�'"'(t'lq Weld County Department of Planning Services WUDc Inspection Report 1555 N. 17th Avenue e COLORADO Greeley, CO 80631 Permit/CaseNo.: .,/_•,OZ, a\k PropertyOwnerName: i(j,/,434-,1--44\rt I- Address: \( cj% (t\L\a j Upon a visual inspection of the property listed above, the following items were noted: 3 t`croy)"!cr15 Yun(i Ihecl tom'\ GOING OtO Atli(id kWh ir)19 n Inspection by: l' Contact Name: 1 ^yi/Orr\i�,� Contact Phone Number: 970-353-6100. Ext. 3540 Copy of this inspection was: • Pictures on file: 0 Yes kNo a I ��." L.'.1a �,�'"� 9a"rl�-f`i'i. �aa•„ r11I?:Pt4T, _ _ • l iIIi'Zia:uLtsista:'.4j_.rr.�rrmr.iunwumaiii Wiiib tlidiuJuiIiVYlilli iii& mikiidl itiiiiSiiiiWi.l ldilli iiiiidl Lli'Iiiiiii 'Wlliblid'iiiiiiitil�-Ge , _ - " Account Maintenance File Maintenance •�_ . I _> „.U Cancel..- - (Mill Levy 69 238000 r" e. - Owner-Name(Addregs - _ i Legal Descnpuon 0l y � -• Account DICKERSON PAUL _ 88072500 IN 1290 0 RD PT NW 4 35-2-67 SUB EXEMPT SE-773 1.80R.81D) *I LOMA W 81524-9557 �,t,� Year District _ SITUS:40451 74 5 Cfl WELD 0 ` i 200212228 1 °:�9 'Apr Dist 1AAt a .:.',''.7.„:.-.:.7-, 'Parcel Number IMH Space 'Serf � 1311-35-0-00-088 __rr,,�11 Street No Dir Nob Street Name Type Ii# '- 110451 I I {14.5 ICR - y -P" -: Location City Location Zip Acct Type La (WELD q 0 'Acct 'Taut - - -- - BACode Owner Id Owner Location Map No 1 1 12470 r, Business Name Version ., Y Date . - Time ID Appl- New Versi;06on 0.5r-id 120011232000 06SEP-2002 0954 AM '"'Mal TIMS, 20020913000 Q.None' ❑T_ax Items❑ Piatest w— TYPE - ACTUAL ASSD ACRES- SO FT, I I* ` -Situs Q Pre7Suc ❑Mobile`Auth❑Personal tEl -''_RAND - 275 80� 18.550 - 808 038( `i' ❑ Mobde❑ ❑ ❑ Remarks Valee, d a G "- IMPS ' ` 32.290 "4,040 I 4140 Ond © ❑Tract ❑Tax.Sale ❑Recording SP.-67444F r Syr Q.Condo Q SPc Ascot❑Control ,❑Imaging �-Ttaa F'r- r -: 32,565 4.1201 �v t�l�; ❑Blacks❑Mines Q Hrslory �"'-" —' � - ❑Saks ❑Sibbng -`` - ❑Sketch Queries i, r'l eii... ❑Misc lU Flags ❑Exemption (STREET la� 1 Current Year Prior Verxian Etflo,Ji - Prior Year_ Nej�t Versron� Abatement gill ` J Next Year tharacterishcs Property-Card rS : ey . Cleai A Exit StartI MGroupWise-Calen... I r Coral WordPerfect-...I 'PERMITS'Plus - I MAIMS-Citrix ICA Cli... I WBT-PRNTSCRN._I ICE-kJi§-0Cale(9 8:33 AM ft't'PERMITS'Plus - 6x File At s.... tte;;;-P o i e P D s Fn P D. _.. _ is le,..• ._ __............ . ..........._ .. ._ .:.._ _..;::••-:;.List Parcels . Parcel Number FindAPD- I . Parcel - Address I CJAJE/D L t k Parcel Table Maintenance Farce Parcel No 11311 35 0 00 008 - 12 Bar F ✓ ebb • ►`-1311 Alt Key: • Update ReMap Back Exit I . ,.:..:",:.1. ::...4.-., .. - Primary Address :' General Iritormetiari City Id: WEL no y No 'Dir.J Street Name �' I';: Subdtvtsion:� • :,f• 10451 . n ICR 14-5 Cat - ��7 " •Fract. l I. ' Select An Address D s - Area 0.00 Acres 18-55 • � � :Sinus` ',"."',...7,,--.,';' r '';_ry = Zoning: I �" w 4. 10451 14.5 CR VIEW §3 I Ce.nsusTractl Cen8lodc�^ :F u ._._ _ :::r.,,,,,2:1`4':.-:;:i4...„:1-. I)-nary Oiwrierinfoimation: _ �� V,TX _:._ D U __... _ ate ., � ` !• .` Leon escrior on Y o xe-t ''. Name;JDICKERSON PAUL PT NW4 35-2-67 SUB EXEMPT SE-773 (.80R 81 D) :SITUS:10451 14.5 CR WELD 0 _ Address 1:11290 O RD r"x 7 I/ /< 1 Address 2:ILOMA CO nn .`. Address.3:I II- — Sear Address 4:1 1 C' Pnt - •_- �I 2IP:'815249557 `,tn.. :' ._`:•" - Coder _..1 I _ •n • Phone l ••••-••.-:;-----.:l.':';'..•••''':.... r �U se'. TRA 12228 Exempt fl: en • - " Phone 2: -• . Notetion:IAssessors Conversion - . ... A Statu's:� CTIVE .•:..1 Govt Owned:f- ltiple. r _ .nqe' ackStap f•Group Wise-Celenllls GorehWordPerfect :.• 'P1=•RMIT5'Plus - `. ff p ListPeicels Pnrc:I WBT-PRNTSCRN...I cif b� =;8:34A1v1 Start.. R . . . . . _ 1 bY. _ (it DEPARTMENT OF PLANNING SERVICES ICode Compliance Division 0 1555 N. 17th Avenue, Greeley, CO 80631 �I�"�" \\ Phone: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT o Sta£f/Name: k Citizen ❑ Other: X HEALTH DEPARTMENT Citizen's Name(If known): �V t[-,�/t 4Cd(.L_cSCtf o I WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): - \Q'r.� T'1" q G717i n ccit 0, o BUILDING CODE COMPLAINT o PUBLIC WORKS/PEST&WEEDS Date Complaint was received: CI. r-na Pending Case#(i.e.USR,RE,SE,ect...): t.Af_(act- Legal Description: JUJU (≥F SNSTAI3 in u) ZI-iTh Parcel#: \Nk. ? 'o.rn.(fat Violation Address:if)-1t1 ( • Property Owners Name: _b4,1 en.pA1 AI' Phone: Property Owners Address:j r, r) z L Lomas., C_'I) S11 71-1 T ' Tenant's Name: Vim&r., P n r4 n Phone: Tenant's Address: • TGov F la.crc- (A7 X110 7.1. NATURE O,F,�C�� OMPLAINT: n rnt �n t1 Vwkt.C rei cii Ln a n cul (k t nctik.tnrTn . BAr trvn OO1-iLt.W rt'ir N'e 9"Va 2..9M', .' P ,,T1btlAdtrCi Artyrt QP flf(.AS$ •► Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: muLl .-. •---a. ...... ,.. i 1 _ __ . ___ , 7: . r ( L L ,,,,,,,..,___...... \\... \'''..1j Ali CR 14.5 .J 1---- � _/ • ix ix U V \7__ • j i7 ''')( 7 I • i I \_1 - ___ - I H) I 1111111111111111111111111111111111IBM 111111111 iiii 2705652 07/09/1999 02:39P Weld County CO 1 of 3 R 15.00 D 0.00 JP Suki Taukamoto b5)-- QUIT CLAIM DEED THIS DEED, Made thisc'Vay of May, 1999 between Paul Dickerson and Anne Dickerson of the County of Weld and State of Colorado, grantor,and Paul Dickerson whose legal address is /0-011?/ LU(-% /5/(4 :-Z../ -/!',//) of the County of Weld and State of Colorado, grantees: -S% WITNESSETH, That the grantor(s) for and in consideration of the sus of ONE AND 00/100, ($1.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell and QUIT CLAIM unto the grantee(s), its heirs, successors and assigns forever, all right, title, interest, claim and demand which the grantor(s) have in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as 10231 WCR 14 1/2, Ft. Lupton, Colorado 80521 TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), its heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have ex ed t- 'ir•.deed_on the date set forth above. aul Dickerson � 7 A A //� nne Die arson STATE OF (141-b-1/110' } �1� ea. The foregoing instrument was acknowledged before County of /lAY id- 1 me this day of May, 1999, by Anne Dickerson Witness my hand and official seal. My commission expires C.;(i jac f qG ,.,iQ1i :'a:..IL 4 �_�1` 1002 17TH A ' _ritARy ?,`\ No.933. Rev. 3-85 LONGMONT, CO CO ,. - 0501 2 ..e • PUB‘ Obi fr Ate OFCo�o� l • 1111111 11111 DIM 11111 IIII 1111111111111111IIII IIII Till 2705652 07/09/1999 02:39P Weld County CO 2 of 3 R 15.00 D 0.00 JR Sukl Tsukamoto State of Colorado County of Boulder • The foregoing instrumentwas acknowledged before me this 2 9-c4 day of ✓ , 19l 5, by / .LL.-1 • Witness my hand and official seal. & &4 TWrr• r " Notary a c. 1r c 41 S/ v tat- - O� (� �j. Ct- e , , 3 Address My commission expires O /1d 8/mi 200/ State of Colorado County of Boulder The foregoing instrument was acknowledged before me this day of , 19 , by Witness my hand and official seal. " Notary Address • • My commission expires • INSURANCE COMPANY Commitment No. : 7926381A SCHEDULE A - Continued LEGAL DESCRIPTION The Northwest 1/4 of Section 35, Township 2 North, Range 67 West of the 6th- P.M.-,- Weld County,. Colorado, EXCEPT Lot 1 of Recorded Exemption No. 1311-35-2-RE-230 recorded December ff, 1976 as Reception No. 17-05379- and- EXCEPT the following described property: Beginning at the Northwest corner of said Section 35; thence South 89 Degrees 59'00" East along the North line of the Northwest 1/4 of said Section 35 a distance of 1855.00 feet; thence South 00 Degrees 19'23" East parallel with the West line of said Northwest 1/4 of Section 35 a distance of 939.35 feet, thence North 89 Degrees 59'00" West parallel with said North line of the Northwest 1/4 of Section 35 a distance of 1855.00 feet to said West line of the Northwest 1/4 of Section 35; thence North 00 Degrees 19'23" West along said West line of the Northwest 1/4 of Section 35 a distance of 939.35 feet to the point of beginning. 1111111111111111111111111111111111111111111111111111 27M552 07/09/1999 02:39P Weld County CO 3 of 3 R 15.00 0 0.00 JA Suki 7eukamoto Page 2 • • k' - r' ' 4tit' \ \ \ t/1' :� •`', ;.I +V - )) - • 7{!' 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BW W; t ' II ILy S a v t '`iiT71 # 4c I i _ Li NM t F .3Mr1O�1 [p u r II i {' Ft vo t y' iiiiii r •.2),1O50 K'i 4ehe& • S Jg MIN a_� 4 , .taus_ i y`r'q Y: Ben W. Thompson Attorney at Law 1629 Canyon Boulevard Boulder, Colorado 80302 Telephone (303) 441-1155 Honey Sepeda FAX (303) 440-0192 Legal Assistant bwthompsonGearthlink.nst October 1, 2002 David W, Peter _ _. 8787 Turnpike Drive, Suite 280 Westminstee, Colorado 80031-4300 RE: Fraser v. Dickerson Cue No, 00CV811, Div. 1 Dear Mr. Peter: I attach a copy of correspondence to my client from Weld County. It appears your clients have filed complaints in order to harass my client even more than they have done in the past. Therefore, have your clients clear a time to remove the car and trash from the property u soon as possible. Please ask them to be more humane in their actions. Sincerely, Ben W. CC: Robin F Bon W. Thompson Attorney at Law 1829 Canyon Boulevard Boulder, Colorado 80302 Tt sphcns(303) 44.1156 Honey Bipedal FAX (303) 440-0192 tsgei Assistant Paott®oarfhlinknet November 25, 2002 David W. Pehr Zak, Fox&Pehr, P.C. _8787 Tempt to Drivetauits 280 Westminster, Colorado 80031-4300 RE: Fraser v. Dickerson; Cue No. 00OV811, Div. 1 Dear Dave: I just received your new client's letter to my client. This is not the kind of thing we need while trying to settle. I have found that the more letters behind a person's name, the more important they think they are. Please inform Dr. Dickerson that he should never contact my client directly again, that I'm not impressed, and my chant isn't easily pushed either. She will not remove his$flier's junk within 2mime yd.0 days. While and shou appreciate ld a f. Hi his legal advice, he hasn't added those letters to the end of his keep legal opinions to himsels attitude is a major stumbling block to settlement. She will not be calling him or writing him either. In the meantime, we en trying to get financing so there won't need to be a second mortgage. It ___. requires another appraisal which we have ordered. Considering your client's aggressiveness and tactics, I hope we aren't wasting time. Perhaps you should talk to him about the cart and the horse. Ben W. ,CC: Robin NGKERSO •.. Dickerson Chiropractic Clinic, P.C. . '4 David P. Dickerson, D.C. 4-4 203 G Street Salida, CO 81201 539-4398 ernROPRA • November 4, 2002 Robin Fraser 10451 Weld C.R. 14 V Fort Lupton, CO 81621 Robin Fraser, This letter is to inform you that I have the power of attorney representing Paul Dickerson. Paul Dickerson is my father. This letter is also to inform that as the landowner,you are hear by notified that you shall remove your junk from our property within 20 days. The junk that I am referring to is listed in the letters from the Weld County Department of Planning Services, specifically written by Bethany Salzman, Zoning compliance officer. Should you fail to remove the said items within the time allotted,l will initiate civil suit against you for failure to comply with the landowner's request. From this point forward, you will not be dealing with Mr. Paul Dickerson, you will be dealing with Dr. David Dickerson as well as my sister, Dr. Dana True. Additionally, you have no authorization to make any improvements on the property located at 10451 Weld C.R. 14 'h, if you do, then there is no compensation toward you what so ever for any improvement. Should an improvement be necessary,then it will be required to be in writing and it will be required to be authorized by myself. If you require communication with me,your phone calls will not be accepted. The only communication that I will accept from you is by written letter. Dr. Dave Dickerson 203 O St. Salida, CO 81201 CC: Dr. Dana True CC: David Pehr, Esq. CC: Bethany Salzman r.. .r, Thompson �U ciao* ts. 1629 Canyon der BoUMtrt Telephone 80302 AX(303 (303)444-Iiss FAx(3 )x-0192 Honey ey&peda nnuLeal Assistant December 5, 2002 David W. Pam ak.87787 TurnpikeFctt�paahP�.—___ _. _Turnpike Drive, Suite 280 _ _ Westminmer, Colorado 80031.4300 __._ _ RE: Fraser v. Dickerson Case No. OOCV811, Div. 1 Dear David:your request oonnly an a sv, my client has gotten approval for the Hill funding of the second mortgage subject While the property has gone down in value, we believe it will death', but are can c close beforee the order end of the year. the additionsl we N reach an agreement, we I did speak to Rich LiPuma. Re has not been retained and the judge ago• Please, someone slake a decision, or let's seta beating date. our call two weeks S 7y, fi Ben W. Thompson CC: Robin Primer /L447 1 REQUEST/-SR Mau OF RENT OR MORTGAGE w...............N, . ow• S iso I ~MWw Si M. 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OT ST Se Or ' O MMIICMII•m!NN•I•pTmees&dn• es o410 trttt Yw ' larC tA T+ IIrIMwMetr r o,1•wrwlllr, psi remy.yyy w r ir-.. • .wt" . to--v/-a n r n se. M S•w M Pt. -ti Mw Y M MrUI sibs wY `_row • IA M e• P. It SSW IN ••••••••IIM•�II w M ••••••••I••••••••Y Mr T co P40 nn rn Mr r..w on • • Ben W. Thompson Attorney at Law 1629 Canyon Boulevard Boulder, Colorado 80302 Telephone (303) 444-1155 FAX (303) 440-0192 Heather M. Toy mPlon®earthlink.net Leila/Assistant December 18, 2001 i Clerk of the Court Weld Coupty Combined Courts PO Box Greele , CO 80632 RE: obin L. Fraser v. Paul Dickerson Case No. 2000 CV 8141, Dix J. Dear Clerk: Enclosed please find the following Plaintiffs Verified Response to Motion to Reinstate Action and Enforce Mediation Agreement for filing with the Court, thank you. Since ly, H er M. Toy r G 127/ Enclosure cc: DISTRICT COURT, WELD COUNTY, COLORADO 901 9"'Avenue GREELEY, CO 80631 Plaintiff(s): ROBIN FRASER Defendant's): •COURT USE ONLY• PAUL DICKERSON Case Number. 000V811 Division: 1 Attorney Ben W. Thompson, Esq. Address: 1629 Canyon Blvd. Boulder, CO 80302 Telephone: (303)444-1155 Facsimile: (303) 440-0192 e-mail: bwthompsonaearthlink.net Atty. Reg: #12685 PLAINTIFF'S VERIFIED RESPONSE TO MOTION TO REINSTATE ACTION AND ENFORCE MEDIATION AGREEMENT Plaintiff responds as follows: 1. Plaintiff does not object to Reinstating this Action to Er#oros the Mediation Agreement as Plaintiff has complied with all conditions of the Agreement that she could comply with. Defendant, on the other hand, has refused to comply with the terms of the agreement and Plaintiff wishes to close on the property and is ready, willing and able to do so. 2. Eidlibit A of Defendants Motion indicates that Defendant would be responsible (Page 2 attached and highlighted) for an inspection and for any cost of repair of the septic tank and of any line from the tank to the leech field and shall also be responsible for the cost of any necessary repairs or replacement of the latch field. At meditation, Defendant falsely represented he had replaced the entire system recently. He had not. The system failed inspection and was partially repaired but still continued to fail. Defendant refused further repairs and the system now needs extensive repairs which are Defendant's responsibility and Plaintiff's loan is conditioned upon a satisfactory septic system and passing inspection. 3. Irrespective of the failed system, Plaintiff advised counsel for Defendant and their closing agent that Plaintiff was ready, willing and able to, close by escrowing sufficient funds to repair the septic system. Counsel for Defendant was so advised July 10, 2001. Counsel for Defendant advised he did not even have a contract for sale signed by his client yet and I advised Mr. Dent the lender could not close without one. I had prepared the standard real estate contract with the terms set forth in the memorandum agreement and Defendant refused to even respond for several weeks. 4. Having no response by July 16, 2001, I had made numerous attempts to reach counsel for Defendant, John Dent. Several calls and faxes went unanswered. left messages which were not returned during that period. I finally reached Mr. Dent on the phone. He proposed new wording and admitted the new wording was "nit picking' but proposed by his client. On July 19, 2001 I received the new wording in contract form and forwarded same to my client and her lender. In the meantime, no work had been done and no inspection had occurred. Plaintiff signed the reworded contract and we returned it to Mr. Dent. We asked the closing agent to schedule a closing and we would resolve the septic issue at closing either by escrow or protest. Defendant had not signed the reworded contract and did not do so until the after the original closing date and apparently would not agree to a closing date. The closing date in the agreement passed with Defendant refusing to repair the septic tank as agreed. 5. On September 18, 2001, I was advised the contract had been signed, a closing would not occur but documents would be prepared and sent to me for signature. As of this writing, no documents have been sent to me for review, the septic has not passed inspection and has not been repaired. 6. By October, Plaintiffs appraisal and loan approval had expired. She was forced to hire and pay for a second appraisal and did so. I advised new counsel we were ready, willing and able to close but the title company was waiting for documents from Defendant (October 8, 2001). Over the course of several days, I left four messages that his client had not returned papers to the closing agent. 7. On October 31, 2001, I again asked Defendant's dosing agent to schedule a closing. She agreed to do so by the next week. I gave her times and dates I would be available. No closing was proposed and no response was made. 8. In November, I had several conversations with our lender that appraisal was back and ready to dose. They furnished all necessary documents to Defendant's closing agent. No repairs were made to the septic system though it was not working. 2 9. On December 14, 2001, Defendants lender called me and said she had lost the papers sent by Plaintiffs lender. She asked for the lender's name and phone number. I provided it to her. She indicated the seller was raising the price. 10. Plaintiff is now ready, willing and able to dose. If the septic is not repaired, we are ready to close under protest and sue Defendant for the costs of repair. He has refused to repair the system as he agreed in the mediation agreement. WHEREFORE, for the reasons stated above, Plaintiff requests that action be reinstated, that the meditation agreement be enforced, and that Plaintiff be awarded reasonable fees and costs to enforce same. Dated: I ZJ l gI 0 I Respectfully submitted, Ben W. Tho o. 2685 Attorney for Plaindff 1629 Canyon Env . Boulder, CO 8030 (303) 444-1155 STATE OF COLORADO ) SHER. . M.•A )as. ,.• ... ,•. OA COUNTY OF �� sat: N O TA p y S scribed a n sworn to before me by '•P V B L I C.•' 2. on OR COL•. My commission expires _alai__ / Not ry Public 3 CERTIFICATE OF MAILING I hereby certify that I have mailed a true and correct copy of the foregoing PLAINTIFF'S VERIFIED RESPONSE TO MOTION TO REINSTATE ACTION AND ENFORCE MEDIATION AGREEMENT, in US mail, first class postage prepaid, this rday of 1.('..,Lhh$r , 20OJ, addressed to the following: David W. Pehr Zak, Fox, & Pehr, P.C. 8787 Turnpike Drive, Suite 280 Westminster, CO 80031-4300 4 1 ••"60501 --womm 0 1 ` ��rlA '' i. F (30377 8dr: (303) 772-20 2ao Customer �.'.�, Al ijejse Address Baling Adder 1— � � Cry 4%e,// 'Sate Insurance Company �zipS Z/ • ^ 'Jr ( ',Wm No. /� shake /rte r Home Tel, •Mortgage Cr' LJT•Lo rs Sue. T ❑3 Tin • his —� %. / G- O Laminate ` „rs— �/ jig+ Recover Roof with sZIre 4 Ta.L. a 7 tic . �lt1' � ri-_ r L - - recce* c'ti r lZO Color of Shingles I Oa4(4s s *4 Tear O0_defer/ el_ r —rxsE„S x �U] Layover Ps.. as Veiled ❑Ridge e ❑ Roof Stacks Check Seals . ❑ Metal Edging at New Boos. CI Writs Check&see Z7ACe fitatSL Clean Up and Haul Off Roofing Debris Daily All e to eas be dons M auaardsrne m mast f Clean Gutters Ian end,Tr.rwatensrs.r eNi n vows suanNh won on Gnat Dams*Manufacturer's Limped Warranty n-��_years Schroeder slaw,o Ilan"WaWar"r Schroeder Roofing to Furnish InGuaranteeces in Cash payable on completion on CrdtemartehM` a- leers (any sums not paid when due will bear 18%simple Interest (Subject to payment in full) par annum a.p.r.as well as a 320.00 late feel THE PURCHASER ACKNOWLEDGES RECEIPT OF A COPY OF THIS CONTRACT. I. Labor Warranty does not cover damage to roots caused by lightning,gale force winds(50 mph),hurricane,tornado, hailstorm,impact or foreign objects or other violent storm or casually or damage to roofs due to settlement,distortion,failure or cracking of the roof deck,walls or foundation of a building. z. MI surplus lob materials belong to 8droeder Roofing. 3. Schroeder Roofing will purchase all r et eery building permits and will perform all work in a workmanlike manner according to local building codes and epeoiacations. a. in the event legal action must be oonrmnoed to enforce arty of the terms hereof,Schroeder Roofing shall be entitled to a judgment award of all costs and express,Including reasonable attorney fee,for any such suit or collection effort. 5. Schroeder Roofing Is not reeponelble to provide any materials or to perform any work other than what is described above. Replacement of deteriorated deckkp,tech board,ventilator.,flashing or other materials,Is not Included and will be charged as an extra unless otherwise stated herein. 5. Purchaser will supply all electricity necessary for the work, 7. Thls contract Is subject to final approval by Schroeder Roofing and Is the entire agreement of the parties and no other written or other terms will be recognized. B. Purchaser may cancel this contract with Schroeder Roofing by receiving written notice at its*Moe prior to midnight of the third business day after the date of thle transaction. s. Quoted prior will be honored for 00 days.Void after a0 days. follows: yrnits Upon Completion of work y Purchaser date Salesmen/Company Seet"`t COX •h is the owners reeponelbiilty to remove Items from wells,shelves or cabinets that may get damaged during root demolition and hot Insallatlon - - r. � • yr, `� To whoa is may concern upon inspecting nu.fruits well we found that due to the depth(Abe well ithadi did not have a wry good supply of water due to the drought conditions and the ever incraea;ng papu15tian and the man amount of wells going into all water bearing formations and In conclusion ms.fraziers well needs to be replaced Jonathan Glover Glovers Drilling LicP69g JUL 13 2000 15105 3032570460 PRGE.02 r - - Glover's Drilling 7261 Weld County Rd 31 Estimate Fort Lupton, CO 80621 DATE ESTIMATE NO. Phone: 303-857-2041 ------ .._ Fax: 303-857-0460 7/13/00 i 118 j NAME/ADDRESS ..... Robin Frvdcr --- -- - Wa'144/2 fart lupton,Co 80621 i I PROJECT DESCRIPTION I OTT RATE TOTAL (Drill" labor 575 8.00 4,600,00 { 4 1/2 Steel Cuing 575 2.00 , 1,130.00?1 Portland Copan 30 9.50 • 28S.0OT j 4 1/2 Well cap&bat 10000 11)0.00TI 4 1/2 Oleos adapter 11 100.00 100.OOT 5 foot lorry hydrant I 70.00 70.OOT I Shp pulds PAP I 1,950.00 1,950.OOT I 5 year subsurana on 2hp to Shp 1 70.00 70.00 1 inch plviniaed pipe 441 1.25 551.25T 106 submersible wire 446 2.00 892.OOT 1"poly pipe 200psi 100 0.60 60.001 I 1 Inch copper type a 20 2.50 50.OOT• I Well-rite pressure tank 1 501.00 505.001 Tonkieea pup awwisdslvdve I 135.00 135.001 Sediment Sitar and fitting 1 100.00 100.00T electrical far pressure switch 1 100.00 100.00T COPPER pipe Salop 3 75.00 225.OOT 1 inch brass adapter 3 8.00 24.00T a4 bury win 110 2.00 220,001 Tams installation 14 25.00 350.00 Saddhoe labor 6 75.00 450.00 Pump installation labor 500 1.00 500.00 Colorado Scats Sales Tex 3.00% 195.52 Igilt payment due upon start of wall other half upon completion 1 TOTAL 512,682.77 .7u. 13 2000 15:05 3036570460 PPGE.01 Av. JOU 7. 1 rz j Judson custom Homes, ! IC. NW Sods"Weed �� Moe Ca 110/03 Itekki I W 1welt Pose i R Ouse Play II, 7,0! OOIs • ban 1.000 ors _ 90 Whale MOW sue, s6r0M w Quay lode Peet Mw•shoseb• $ 30100 row to Appradmaisys 00000Tilt Pk $ 100.00 I� Mew rd Said imp ham $ !0000 Mew la ati.oiy al oust 300.00 Taal 14,700.00 • 41le*SO Ay Oda 1b Y i Mr imansi SMubrnr,M,m W iiiiie S 7ti as lab-erYn►SWesr NS real i 2 • :re* ^ IN ACCOUNT`WITH '�� ;...tibia'. ARTS' SANITATION SERVICE ARTHUR C. BEIERLE / BRADLEY A. BEIERLE ' 16373 Weld Co. Rd. 28, Platteville, Colorado 80651 Hey,Mom/,,, Call Art Cesspools,. Septic Tanks, Metro: (303) 659-2355 Grease Traps. Basements Platteville: (970) 785-6335 Holding Tanks,Aerator's,etc. Greeley: (970) 352-5007 ELECTRONIC LOCATOR Prompt,Dependable Service Every Day Except Saturdays iir : • .11 „ ,, 1 : I It 11Ar ! ! t't1'.•, i I11 ' f11 -: rA , i,. , ,1 .:!O, AU 111 i1. (htil I A I ! j :i I .,h !u 121'1hMrv', Wit 1 f If ii, o,tiUt,IHti OPERATORseS4 J I _ Ja.✓is, ace Record+e � � Phone ..11,4a) L/et ' ,f'Ads. • #CKE tpv Count jay a z , 1,29n p Rd .17 Zgonht G £4421 A#c/1rsv4' En e/ 5-,2q Job Address /Odic/ 14414•0 Cor wnr /7"/9%Ca, fT Av,r ,i, Y SDI?/ A0.4 ;z ;xi Septic Tank t-Grease Trap CI Other Size: 73-"fl Gallons Working Capacity 9 rn Gallons Pumped / C partments Inlet /Ue Outlet yjs e e gat&in place Tank Construction: C endear j System Working Level: (�V paLCa ,4 ' Leach Field Running Back: _in Extra Heavy ilk Reason For Cleaning i2s.0A1a „alt. Lit/TLYT Laid. 07 05" le- , /jh4P4 %4/iET 3i0a me ys Alideif, • • /ye d Alsrj2rt ///DAV et //vim j� • DAMAGE WAIVER The company assumes no responsibility for damages inside of curb or property line or where dam- age may pccur CO: I acknowledge damage waiver and authorise driver to cross property as referenced above. t X SIGNATURE —a Robin Fraser 10451 Weld County Rd 14 S4 Ft Lupton,Co.80621 • • Paul Dickerson 1290 Q.rd • Lour,Co. 81524 Feb. 19,2001 Mr.Dickerson,this is my final notice of intent In regards to monies owed for repairs and maintenance to the property that f rent bent you. Keep in mind that thew repairs are for health,sanitation,and safety issues,which you are totally liable for. I have notified you on each item many times and you still reins to respond. You have had time to make the repairs yourself and refused. Also you are liable for my lost wages and loss of use for this time. Per notices sent to you: 8600.00 winterising pipes to prevent additional kissing,water loss $450.00 three weekends of weed burning $400.00 rapines well pump and fittings.hardware $1500.00 three days water lose 2/9101,V10/01,R 2/11/01 8200.00 loss of work,Fri,Psit 9,2001 $200.00 replace blinds Unughout due to stalking/harassment $3350.00 total amount due sod payable,in MI 1 will expect payment in Ml within 10 days horn the date of this letter(March 1,2001)or I will pursue my legal options inehtslieg but not limited to My attorney,Colorado housing authority,radio and TV station Respectfully, 3/46C Cc: Ben Thompson Cc: Colorado Housing Authority . wee /1, a.� ' / ali,�? Sc kAaleteD a P.941 c Wer 5 o .'/ lete-gel Robin Fraser 10451 W.C.R. 14 64 Ft Lupton,Co.80621 Paul Dickersod 1290 Q.Rd. Loma,Co. 81524 Feb. 26,2001 Re: repairs to property Paul, There was a massive water leak and flood. From the kitchen to the porch/entry area. The cause was under the kitchen sink. The repairs have now been made and I expect reimbursement in MI from you with in 10 days from the date of this letter. Also,there is the issue of MY fencing T-pests that seemed to have disappeared at the exact time you came and took your trailer with the wagon full of tires. The i-posts were on the ground next to your trailer and vanished at the same time. There were approx.30 T-pow valued at$10.00 each. Since you failed to return my property with in the time allotted,you are now expected to pay me in A+ll the fair value as stated. I expect this payment in full also no later than ten days from the date of this letter. Repair plumbing $75.00 Pull up flooring 75.00 Insulate parch/entry floor 300.00 Fencing T-posts , 300.00 Total due and payable $750.00 in full no later than Thurs Match 8,2001. Respecittfully, 1001 aW1.eat r IQ Baum Cando Avant ,•••••• ASSISI YOWr 0►rty,Yr. or1Hr.CO 00102 lase Santis.Co 00003 701372.1010 .5473.0202 13004RORER 710.4734543 58.00 303-511-1115 51570 JAGROBIN FRASER, ) ) SETTLEMENT MEMORANDUM Plaintiff, ) May 24,2001 ) JAG Cue No. 01-0391 v. ) PAUL DICKERSON, ) ) Defendant. Pursuant to the statements made at the settlement conference held May 23, 2001, this is to confirm the settlement of the above-captioned case presently pending in the Weld County District Court, upon the following terms: Plaintiff will purchase the property for S218,000. The closing will be held on or before August 31, 2001, unless otherwise agreed by the parties. Defendant will obtain a title commitment by June 2, 2001, with standard coverage and without additional endorsements, and will pay the cost of title insurance. Defendant will accept a note from Plaintiff secured by a second deed of trust on the property in the principal amount of$77,000. The note shall accrue simple interest at 9.5% per annum. Plaintiff shall pay Defendant S38,500 of the principal sum within one hundred eighty (180) days of the date of the note, and shall pay accumulated interest and the balance of principal within one year of the date of the note. The note and second deed of trust shall be assignable to a credit-worthy assignee, with the prior consent of Defondan , which consent shall not be unreasonably withheld. If Plaintiff neither pays the 538,500 nor assigns the note and second deed of taut by the date payment of acid sum is due, then Plaintiff shall vacate the premises no later than 10 days after said due date, and Plaintiff shall not waste the property during said holdover occupancy. Defendant will prepare the note and deed of trust and shall pay the cost of recording the deed of trust. Plaintiff will occupy the property as lessee until August 31, 2001, with exclusive right of possession, and shall pay rent of$500.00 per month, due on the first day of each month. Plaintiff will stop payment on her check number 2135, dated April 28, 2001, for $500.00, and will pay defendant $500.00 on May 23, 2001, by check dated May 25, 2001. Defendant shall not cash said check until May 25, 2001, and if he receives check number 2135, he will return it to Plaintiff uncashed. Est:-:'1:: A If the sale of the property does not close by the agreed closing date, Plaintiff shall vacate the premises no later than ten days after August 31, 2001. In the event she does not vacate within said ten-day period, judgment of possession shall enter against Plaintiff. Plaintiff shall not waste the property during said holdover occupancy. The parties shall share the cost of the closing fee, which fee shall not exceed $300, and each party shall pay his or her seller's and buyer's closing costs, as applicable. Plaintiff shall waive all rights of inspection, except for inspection of the septic system. Defendant shall be responsible for the cost of a septic system inspection by Arts Sanitation, which shall occur as required by law. Plaintiff shall pay the cost of one pumping of the septic system and shall be responsible for any cost of unclogging any line to the holding tank. Defendant shall be responsible for any cost of repair of the septic tank and of any line from the tank to the leech field,and shall also be responsible for the cost of any necessary repairs or replacement of the leech field. Defendant shall be entitled to remove the following items of personalty if they are located on the ProPerty: 1. Stand for 500-gallon gasoline tank. 2. 4 6 x 6 treated green timbers, 12' — 14' long, located approximately 75 feet west of Defendant's camper. 3. Farm-land float(12'x 20'). • 4. Horse-drawn disk. 5. New lumber, storage rack, pole, electric light, electrical wire, and all miscellaneous items in the north two stall by the camper. 6. Wood panels for 6'fence(red). 7. All Defendant's trailers. 8. Defendant's camper. 9. All the items under or next to the camper. 10. All electric lights not attached to the horse stalls(at least six outdoor lights). Lights attached to the house or other buildings are not included. 11. Heavy transformer. 12. Concrete mixer. 2 • 13. Homemade trailer, l axel in r orthwest field by oil well. 14. Two propane tanks. 15. Any major item identified art'I agreed to by the parties upon inspection. Defendant shall visit the property I r one hour, commencing at 6:30 a.m. on May 24, 2001, to identify the location of said items. .)efendant shall be entitled to remove the tested green timber posts, if any are on the property, o:i May 24, 2001. He shall, at his expense, remove the other identified items of personalty subs luent to the date the septic system is approved and prior to closing, by appointment, as agreed rider Plaintiff however, the number of tips to accomplish said removal of personalty shall not once d five. Each ply shall pay his or her attain y fees and costs. The pending civil action shall be dim rinsed with prejudice. This settlement shall resolve all citi:is, plead or=plead, between all named or potential parties to the litigation arising from taaucdor a concerning real property and improvements thereto located at 10451 Weld County Road 144/2,Pi rt Lupton,Colorado. The patties shall cooperate in the ex cution of my documents necessary to reduce this settlement to • writing and to accomplish its tan Should this memorandum fail to red ct your understanding of the agreement reached,please contact me immediately. Thank you for you efforts in bringing this matter to conclusion. Yours , 411 ale° HO M.KIRSHBAUM FAtlICmw 3 COPIES; Ben W. Thorn 1629 Canyon Boulevard Bow, Colorado 80302 John R.Dent, Esq. 332 Deaver Avenue Fort Lupton, Colorado 80621 • • • • j t 1 si 4 Hello