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Home My WebLink About20041380.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0300267 AGAINST HES, LLC AND BRETT LAMPERES 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, HES, LLC and Brett Lamperes, VI #0300267, are allegedly in violation of the Weld County Code, and WHEREAS, on the 11th day of May, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,HES, LLC and Brett Lamperes were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, at said hearing of May 11, 2004, the Board of County Commissioners determined the property owner has brought the subject property into compliance and deemed it advisable to dismiss said matter. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0300267 against HES, LLC, and Brett Lamperes be, and hereby is, dismissed. 2004-1380 PL0824 n0: d9L, U to. ,y-o` ( VIOLATIONS -VI #0300267 - HES, LLC AND BRETT LAMPERES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ` . j ��C Robert D. Masden, Chair Vel,,d c n Clerk to he oar Ito It Q-f - 1 .` , William H. J e, Pro-Tem ,rl °U„r�- ! Clerk to the Board 1 M. J. 'le AP ED AS T • David E. Long o my At ey Glenn Vaa Date of signature: 1D - -7'y 2004-1380 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: HES, LLC Mr. Brett Lamperes (Dandelion Moving &Storage—Tenant) Violation: VI-0300267 Mailing Address: 9217 Eastman Park Dr. #100, Windsor, CO 80550 Situs Address: 35946 Hwy 257, Windsor, CO 80550 Legal: Lot B of RE-1451 also known as part of the NW4 of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to Hwy 257 and South of and adjacent to CR 74 North: Agricultural with moderate residential uses, Y2 mile South of the Town of Severance South: North of Moriah Estates PUD, Shiloh Estates PUD, Gander Valley PUD East: Agricultural with moderate residential uses West: East of Valley View Ranch PUD Parcel Number: 0807-04-2-00-054 Acreage: Certified mail date: April 22, 2004 Received: April 27, 2004 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance the commercial vehicles shall be removed or a Use by Special Review application shall be completed and submitted to the Department of Planning Services for processing. Additionally, the Noncommercial Junkyard shall be restored, removed or completely screened from all adjacent properties and public rights-of-ways. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY September 3, 2003 Initial complaint received. September 4, 2003 Initial inspection completed. September 29, 2003 Five day compliance encouragement letter issued. October 9, 2003 Received fax copy of lease. October 9, 2003 Faxed copy of five day compliance encouragement letter to tenant. October 21, 2003 Violation letter issued to property owner and tenant. March 30, 2004 Property inspected. Property remains in violation. 2004-1380 HES,LLC and Mr.Lamperes Page 2,VI-0300267 April 22, 2004 Letter sent to property owner and faxed letter to tenant indicating that the violation case was scheduled before the Board of County Commissioners. May 6, 2004 Property inspected. Property remains in violation. March 6, 2004 Called tenant regarding inspection findings. • 414'lug Weld County Department of Planning Services Inspection Report WIIDc 1555 N. 17th Avenue COLORADO Greeley, CO 80631 Date of Inspection: Permit/Case No.: V.' O) � ?_( ; Property Owner Name: f ? ! _— �,� :� 'Y`. Address: • Upon a visual inspection of the property listed above,the following items were noted: r11 i-kuX 5.1 In • • • Inspection by: r) Contact Name \-j-j\n I i � I . .J Contact Phone Number: 970-353-6100, Ext. 3540 • Copy of this inspection was: ❑ Pictures on file: O Yes kNo Mr.Lamperes and Gentlemen ? - Page 1 of 2, VI-0300267 • 1 it Ce DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 111 C Phone (970) 353-6100,,xt. 3555 tl Fax (970) 304-6498 COLORADO April 22, 2004 HES, LLC 9217 Eastman Park Dr#100 Windsor, CO 80550 Subject: VI-0300267, Lot B of RE-1451 also known as part of the NW4 of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado Dear Gentlemen: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 11, 2004, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article I/1, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." . Section 23-3-30.F "MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-40 "Uses by Special Review" Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: The storage of commercial equipment, including, but not limited too semi trailers, requires a Use by Special Review permit. Additionally, mobile homes require Zoning • (ZPMH) permits and building permits. Both the Zoning Permit(s) and commercial equipment could be addressed through the Use by Special Review process. For questions, I would suggest that you speak to one of our"On-Call"Planners. We have to locations open to the public. Our main office is located at 1555 N. 17`h Avenue, Greeley, Colorado. Where,we have an"on-call"planner, Monday or Wednesday from 8:00 a.m.- 4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office(the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. Mr.Lamperes and Gentlemen ) - Page 2 of 2, VI-0300267 • 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 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, (7,A Vila..,J JO-v\ " Bethany Salzman Zoning Compliance Officer pc: VI-0300267 Brett Lamperes do Dandelion Moving & Storage via fax Department of Planning Services Bruce Barker, County Attorney - m y o c H 6 Q o > z IA T c ❑ ❑ ❑❑ O o U.S. Postal ServiceTM o0 a r CERTIFIED MAD—, RECEIPT \ E771 z m (Domestic Mail Only;No Insurance Coverage Provided) a, 2 2 d E d d r ra \- m g 3 For elrvery inf rmatf n visit ur we•slte at www.us•s.c•myc : 2 2 m w ¢ Uo v ,m.T r 3 fir , r: k 1 g m - Zcoo Lu- Postage $ I? ` ° 'm .� ru ti n m g � v2 0 c9 o Certified Fee w j .S N I- s `m_ nj a Return Heciept Fee Postmark y 2 ,a w u t g u 2 a (Endorsement Required) Here • N ad�. h 2 Ord a Restricted Delivery Fee i° � ❑ ❑ ¢ 0 rc Q (Endorsement Required) ¢ a0 d v O E �. Total Postage&Fees $ O O ti V Sent le N N O� R o HES, LLC • m , = m Eel O M1 Street Apt?fo.;, n — W °rPoao"N°. 9217 EASTMAN PARK DRIVE /1100 a o� a oo E H N City,State,ZIP 4 ~ 0 1 O o WINDSOR CO 0 ' m _ «' A aN -- o M Z'y U U `E ' rn ti 2.).-co W o g . „ m . S W O ]O (A z p a n • � m e"„m-. .§ um . OI •• m7om m�c U Z Q U m¢ = m w - aa7 W 0 E .0o N. m ; 2 w WO.V TNt ' " ^ z•d Mc E c-Egg _u W r..1 i- 0 e j_ i m W U. N Q O x 013 Il W ■ • • — N0co _ U4/4‘/U4 11:1b PAX 970 304 6498 WELD PLANNING X001 *** TX REPORT *** ***************a***** TRANSMISSION OK TX/RX NO .. 0808 CONNECTION TEL 919702210648 SUBADDRESS CONNECTION ID • ST. TIME 04/22 11:15 USAGE T • 00'57 PGS. SENT 3 RESULT OK FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO-WELD.CO.US 1555 North 17th avenue Greeley, CO 80631 (970)353-6100 ext. 3555 Fax: (970)304-6498 To: Mr. Brett Lamperes Date: April 22, 2004 do Dandelion Moving & Storage Fax: 970-221-0648 Pages: 3, including this cover page Phone: 970-395-9833 From: Bethany Salzman Zoning Compliance Officer bsalzmaneco.weld.co.us Subject: VI-0300267 also known as 35946 Hwy 256 COMMENTS: Please see the following Violation Hearing notification letter which is also being sent to HES, LLC,the current property owners of record. • FAX TRANSMISSION , WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1555 North 17th avenue Greeley, CO 80631 (970)353-6100 ext. 3555 • Fax: (970)304-6498 To: Mr. Brett Lamperes Date: April 22, 2004 do Dandelion Moving & Storage Fax: 970-221-0648 Pages: 3, including this cover page Phone: 970-395-9833 From: Bethany Salzman Zoning Compliance Officer bsalzmanco.weld.co.us Subject: VI-0300267 also known as 35946 Hwy 256 COMMENTS: Please see the following Violation Hearing notification letter which is also being sent to HES, LLC, the current property owners of record. CONFIDENTIAL This facsimile is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that nay dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. Mr.Lamperes and Gentlemen Page 1 of 2, VI-0300267. DEPARTMENT OF PLANNING SERVICES _ Code Compliance Division W W W.CO.W ELD.CO.US E-mail Address: bsalzman@co.weld.co.us ipt 1555 N 1hoth e 97 53-6100Greeley, ExO 83551 Phone (970). 353-6100, Ext. 3555 Fax (970) 304-6498 COLORADO April 22, 2004 HES, LLC 9217 Eastman Park Dr#100 Windsor, CO 80550 Subject: VI-0300267, Lot B of RE-1451 also known as part of the NW4 of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado Dear Gentlemen: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 11, 2004, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains 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.F "MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-40 "Uses by Special Review" Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: The storage of commercial equipment, including, but not limited too semi trailers, requires a Use by Special Review permit. Additionally, mobile homes require Zoning (ZPMH) permits and building permits. Both the Zoning Permit(s) and commercial equipment could be addressed through the Use by Special Review process. For questions, I would suggest that you speak to one of our"On-Call"Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where,we have an"on-call"planner, Monday or Wednesday from 8:00 a.m.- 4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office(the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. -4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. Mr.Lamperes and Gentlemen _ Page-2 of 2, VI-0300267 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 and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The ',Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salzman Zoning Compliance Officer pc: VI-0300267 Brett Lamperes c/o Dandelion Moving & Storage via fax Department of Planning Services Bruce Barker, County Attorney Identify Results Page 1 of 1 • WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2698103 Parcel#:080704200061 Tax Area:0430 Bordering County: Acres: Township Range Section Quart.Sec. Subdivison Name Block# Lot# 06 - 67 -04 - 2 - - Owners Nsme&Address: Property_Address: HES LLC • Street: 9217 EASTMAN PARK DR#100 City: WINDSOR, CO 80550 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception $0 Legal Description PT NW4 4-6-67 LOT B REC EXEMPT RE-3568 (2.91R1.030) No Buildings on Parcel • http://maps.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=08070... 04/22/2004 j_ l� O ilerw. Weld County Department of Planning Services Inspection Report . 1555 N. 17th Avenue COLORADO Greeley, CO 80631 • Date of Inspection: -;,.'`-: . . • . i Permit/Case No.: 1 c.:. . propertyOwnerName: '- , ".f t-- L. ' . Address:_ Upon a visual inspection of the property listed above,the following items were noted: • Inspection by: V(() ContactName:lJl J('1 Contact Phone Number: 970-353-6100,Ext. 3540 Copy of this inspection was: 0 Left on site Mailed on: 4.-ZZ-0-1 Pictures on file: tit.Yes 0 No Kit a i--;:p•s„ DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1 Website: WWW.CO.WELD.CO.US C E-mail Address: bsalz aneley, COld.co.u1 O 1555 N. 17th Avenue, Greeley, C 80631 Phone: (970)353-6100, Ext. 3555 • Fax;_(970)304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE October 21, 2003 HES,.LLC 9217 Eastman Park Dr#100 Windsor, CO 80550 Pineda & Sons, Inc 1300 Redwood Dr Windsor, CO 80550 Subject: VI-0300267, Lot B of RE-1451 also known as part of the NW4 of Section 4,T6N, R67W of the 6th P.M., Weld County, Colorado Gentlemen: 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 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.F "Mobile Home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-40 "Uses by special review." Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Chapter 29, Article VII "Mobile, Manufactured or Factory-Built Home Permits." Section 29-7-10 "Permit required." To bring your property into compliance with the Weld County Code: The storage of commercial equipment, including,but not limited too semi trailers,requires a Use by Special Review permit. Additionally, mobile homes require Zoning (ZPMH) permits and Building Permits. Both the Zoning Permit and commercial equipment could be addressed through the Use by Special Review process. For questions, I would suggest that you speak to one of our "On-Call" Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where, we have an "on-call" planner, Monday or Wednesday from 8:00 a.m.4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. - 4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. HES,LLC,Pineda&Sons,Inc and Mr. `pares - Page 2,VI-0300267 It is the intention of this office to assist and cooperate with you withoutimposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation.-You have 30 (thirty)days from October 21, 2003, 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 helpful. Should you hale 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,SL,:tryiNuBethany Salzma Zoning Compliance Officer pc: VI-0300267 Bret Lamperes do Dandelion Moving & Storage via fax Department of Planning Services Bruce Barker, County Attorney • iu z1/03 13:06 FAX 970 304 6498 WELD PLANNING X001 ********************* *** TX REPORT *** ********************* TRANSMISSION OK TX/RI NO -, 4755 CONNECTION TEL 919702210648 SUBADDRESS CONNECTION ID ST. TIME 10/21 13:05 USAGE T 00'57 PGS. SENT 3 RESULT OK FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW,CO.WELD.CO.US E-MAUL:BSAt2MAN©CO.WELD.CO.US 1555 North 17th avenue Greeley, CO 80631 (970)353-6100 ext. 3555 Fax:(970)304-6498 To: Mr. Bret Lamperes Date: October 21, 2003 clo Dandelion Moving & Storage Fax: 970-221-0648 Pages: 3, including this cover page Phone: (970)395-9833 From: Bethany Salzman Zoning Compliance Officer bsalzmantffico.weld.co.us Subject: VI-0300267 also known as 35946 Hwy 256 COMMENTS: Please see the following violation letter also sent to HES, LLC and Pineda&Sons. Inc. I attempted to return your phone call; however, was unable to reach you. Therefore, I left a voice mail. • FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1555 North 17th avenue • Greeley, CO 80631 (970)353-6100 ext. 3555 Fax: (970)304-6498 To: Mr. Bret Lamperes Date: October 21, 2003 do Dandelion Moving & Storage Fax: 970-221-0648 Pages: 3, including this cover page Phone: (970)395-9833 From: Bethany Salzman Zoning Compliance Officer bsalzmaneco.weld.co.us Subject: VI-0300267 also known as 35946 Hwy 256 COMMENTS: • Please see the following violation letter also sent to HES, LLC and Pineda & Sons, Inc. I attempted to return your phone call; however, was unable to reach you. Therefore, I left a voice mail. CONFIDENTIAL This facsimile is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that nay dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. DEPARTMENT OF PLANNING SERVICES Code Compliance Division 'IWebsite: WWW.CO.WELD.CO.US CO E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 COLORADO • Fax (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE October 21, 2003 HES, LLC 9217 Eastman Park Dr#100 Windsor, CO 80550 Pineda & Sons, Inc 1300 Redwood Dr Windsor, CO 80550 Subject: VI-0300267, Lot B of RE-1451 also known as part of the NW4 of Section 4,T6N, R67W of the 6'"P.M., Weld County, Colorado Gentlemen: 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 III, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.F "Mobile Home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-40 "Uses by special review." Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Chapter 29, Article VII "Mobile, Manufactured or Factory-Built Home Permits." Section 29-7-10 "Permit required." To bring your property into compliance with the Weld County Code: The storage of commercial equipment, including,but not limited too semi trailers,requires a Use by Special Review permit. Additionally, mobile homes require Zoning (ZPMH) permits and Building Permits. Both the Zoning Permit and commercial equipment could be addressed through the Use by Special Review process. For questions, I would suggest that you speak to one of our "On-Call" Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where, we have an "on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00 -4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. - 4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment,because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. HES,LLC,Pineda&Sons,Inc and Mr. .nperes • Page 2,VI-0300267 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 October 21, 2003, 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 helpful. Should you hale-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 a amount of time with you. Sincerely,4Riak. Bethany Salzma Zoning Compliance Officer pc: VI-0300267 Bret Lamperes c/o Dandelion Moving & Storage via fax Department of Planning Services Bruce Barker, County Attorney 10/09/03 14:31 FAX 970 304 6498 WELD PLANNING f>�001 taaasaaaaaaaasaaaaaaa *s* TX REPORT asa aaataaaaaaaaaaasaaaaa TRANSMISSION OK TX/RX NO -. 4677 CONNECTION TEL 919702210648 SUBADDRESS CONNECTION ID ST. TIME 10/09 14:31 USAGE T 00'45 PGS. SENT 2 RESULT OK FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1555 North 17th avenue Greeley, CO 80631 (970)353-6100 ext. 3555 Fax: (970)304-6498 To: Mr. Bret Lamperes Date: October 9,2003 c/o Dandelion Moving& Storage Fax: 970-221-0648 Pages: 2, including this cover page Phone: (970)395-9833 From: Bethany Salzman Zoning Compliance Officer bsalzmanaco.weld.co.us Subject; VI-0300267 also known as 35946 Hwy 256 COMMENTS: Please see the following violation letter sent to HES, LLC the current property owners of record. They called and informed me that you are the current tenant and are in the process of buying the property from them. As a result, please be advised that your name is being added to the violation. Thank-you. FAX TRANSMISSION WELD COUNTY PLANNING OFFICES WEBSITE: WWW.CO.WELD.CO.US E-MAIL:BSALZMAN@CO.WELD.CO.US 1555 North 17th avenue Greeley, CO 80631 (970)353-6100 ext. 3555 Fax: (970)304-6498 To: Mr. Bret Lamperes Date: October 9, 2003 do Dandelion Moving & Storage Fax: 970-221-0648 Pages: 2, including this cover page Phone: (970)395-9833 From: Bethany Salzman Zoning Compliance Officer bsalzmanco.weld.co.us Subject: VI-0300267 also known as 35946 Hwy 256 COMMENTS: • Please see the following violation letter sent to HES, LLC the current property owners of record. They called and informed me that you are the current tenant and are in the process of buying the property from them. As a result, please be advised that your name is being added to the violation. Thank-you. CONFIDENTIAL This facsimile is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that nay dissemination, • distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. 0 ' '1 it DEPARTMENT OF PLANNING SERVICES- I'Tjl Code Compliance Division Website: WWW.CO.WELD.CO.US Nu E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970)353-6100, Ext. 3555 Q Fax: (970) 304-6498 • COLORADO September 29, 2003 HES, LLC 9217 Eastman Park Dr#100 Windsor, CO 80550 Pineda & Sons, Inc 1300 Redwood Dr Windsor, CO 80550 Subject: VI-0300267, Lot B of RE-1451 also known as part of the NW4 of Section 4,T6N, R67W of the 6th P.M., Weld County, Colorado Gentlemen: 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 with the Weld County Code is the storage of commercial equipment (including, but not limited too, semi trailers) on the above mentioned property, without the necessary Weld County Zoning Permits. Additionally, it has been brought to our attention that a mobile home has been moved onto the property without Zoning or Building Permits. For questions, I would suggest that you speak to one of our "On-Call" Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where, we have an "on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00 -4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. -4:00 p.m., excluding 12:30- 1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you, please bring this letter with you. Please contact me within five working days of the date of this letter to review these concerns with me. Failure to close this violation or efforts to show progress,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. • Sin• , y Bethany Salzman Zoning Compliance Officer pc: Vl-0300267 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY �+ �uourt stn tK 970 686 2410 10/09/09 09:41am P. 001 • 9217 Eastman Park Drive, Suite 10O Windsor, CO 80550 Telephone: (970) 686-5466 \ ' � (�'C lL>1 Facsimile: (970) 686-2410 VS� - FAX COVER SHEET This facsimile contains confidential information which may also be privileged_ Unless you are the addressee (or authorized to receive for the addressee), you may not copy, use, or distribute it. If you have received it in error, please call (970) 686-5466 immediately by telephone and return it promptly by mail. TO: e So � Facsimile: zY7O-3PV- cVfl Telephone: 97a- i- -- 6/o v A7/ 3.rrr FROM: S qvyt_. /LsJ Facsimile: (970) 686-2410 Telephone: (970) 686-5466 RE: 71r-L LCC Vi -o7,0Oah2 f Re (9 s-/ DATE; /o/9/c - Time: Total number of pages, including cover sheet If you do not receive all pages, please call (970) 686-5466 COMMENTS: arcuff l79 V . WINDSOR CENTER 970 SOS 2410 10/09/09 09:41am P. 002 • Tin swot Ater 4 Ain rwm hen mown^c Ar I w --•—_• •••. ..._—_-... t•.�r.t.R..I a.t.l.eawsi..w.ITO 724.41 — IFTIIJM FORM IS IRNn IN A CfWgtfh4L5 mitt nitANNACTIM CONSIUCT IFr:At,tali Mpm ion is%UARt mm ills.it a',YROmnIDDR,((C M,let OR eta.,tOORS4 siteetD Of CDaleen,man sicaIN9. GEED OF TRUST (Due on Mangier•—Strict) 'I'111SDEM)0PTRt15Tismndelhis '�'�'�'— lay of August 2003 MY AMERICAN DREAM, LLC, a Colora o . .flay to liability t: 'h`"�""°" Ivn,Ier nAdrnad •.LR10...raa.Low S 1:in 3 Way, Y ompanY�TM,rrnumn. .. P g Fort f_olli_ns, CO 80528 - arid Ili.Public Trustee or the County in which the Properly(see paragraph I I is PI haled(Trustee),rot benefit or HE'S, LLC, a Colorado limited liability company 9217 Eastman Park Drive, Suite 100, Windsor, CO 805 t r 49.rnn1.ndnne nddrees it Bnrrnwer and Lender covenant and ogee as follows: I. Prnpr,ty in nom, Monomer,in con,ident inn of the inetehiednees herein recited and the In1A bcrcin(-rented,hereby grans .and eonwva In Troller in Inlet,with power of,Me.Vt.fnllmvinte dmrrihrd pmpcety Inca,%i in the Coin,,'nr_,. •le.1.d .Slate of(Thiamin, ...—___ ._ . See 'Eachi.bit "A" attached hereto and incorporated herein by reference.. *In the event Borrower prepays the Promissory Note in full, princip 1 and accrued interest-, on or before one (1) year from the date of the Promissory Note, the principal balance shall be reduced to SS720 ,000. 'JO and such principal Dayment of $728,000.00 shall Constitute full payment of the principal due. which hot lhemldrunf_v35340, 35946, and 35950 Highway 257 Windsor m"''" — - — _ ...-..,Colorado 80550 (Op r.nrl —(Property Address).together with all its armurtennne5,(Property), 2. Note,Other OMlgalhm,Scants This Deed of Trust it given to sent re to Lender A. the repayment of dm indebtedness evidenced by forrowerl note(Nine)doted AugUst Ai a' 2003 in the principal WM of SL•'V$N HUNDRED FIPTlTHOUSAND AND N0L100 DCILLARS ' (4750,0 0.00) Of4CG.9A4 with inlnrmt in.the unpaid principal balance from August 43_ 2003 Sto of -0-' 7-- amid paid,ivc uite 100, annum,Windsor, CO 8055p realamlimm<at payable at 92],7 CasCman-Park Drive, or such other place as the Tender may desivnate.' panipmanta- ..„ )due ml the - day or eatilJ - —unpins such paymrm In rimilium moil the entire rkhlrdness c•nde ced by said Mme is full a,L.hra...r,, n„ -paid,the entire principal amount outstanding 1 F'led ncrnreA inmrc t thcrnm.shall be due Borrower shall prepay to the Lender interest only Inf this Promissory Note for the remainder t at time 2003 aofnd c..ecul-f :e shall pay to the Lendermonthj.y paymentscommenc.ingOctober 1,12003, f ,e, of interest only to dote, and interest thereafter to date on the Let day of each month until September 1, 2005, at which time the entire remaining unpaid balance of principal and interest shall be due and payable, if not sooner. paid. *Also, see paragraph 1 above. * and Borrower in or pay In Lender a ink chase of_=6_ %or an days arle,payment is der;anByPoynllet not ncniuMhylrs id in t bin —lo— n,! has the right m Prepay Ihn principal mm�ml gnu.".mndinp.Imrinr said Note, whnde or in hen. M any lime without penally cxecpl N/A 0. die payment of all Mher sums,with interen thereon m., -12-prowl the sccndty of this Deed ni Thim;and T"Per annum,',Mused by Lender in aretminnte with this Deed ofTrust In p C. the performance or the envenoms and agreements or Borrower herein contained. 1, Title, Rmrnwm rpvnnnnis that Borrower own,and has the right to pant and convey the Property,and Ivarnnls tulle to the name,nubieet In general real emit taxes tot the emt on year,eanennenu,of record Or in esi.nience,and retarded der9antinna,reship. linen,rwnml ions and wrenanu,if any,as M'this date and recent None 4. Payment of Principal and Warm. Narrower shall promptly pay when doe the principal of and interest on the indcbtcdnrt, evidenced by the N te.and laic cbnryms m,provided in the Nnte and shall perform ali of Pommel-2 other rnvrnmms contained in Idle Nome. 5. Applleneinn nr Pnymeeh. All payments received by Lem ler under the lean%hereof shall he npptied by lender lint in pnymenl of Nmnnnts doe pursuant to paragraph 2.1(F_crnw Funds for Taxes and Inmmnce)den le amount%difhtned by Lender pursuant In pamannh 9(Prnhrtion or Lender's Security),and the balance in acenrdanre with the terns and conditions tube Nut,,. No.TO72-7-96. nun rot Tatisr a,e11.— a—sloe') —•�•�—.•.-._ ld Th.4UbM PNRMaaI.i 1741 Wade Ft_Powe.CO mit a—rum 292•21nu—7.99 Page l of(.. r _ ms" aN1,>ure CENTER 970 393 2410 10/03/03 09:41am P. 003 4. prim Mmtgagen end Deeds orYuen,Charge Ilene. narrower shall perform all of❑mowers obligations muter nny prior deed of most and any other prier lienit.non naer•hpll pry all inn etsr aments and other ern rasa fines and impositions an rihm chic to the Property which mat haw or nllmn a priority over this Deed of Trost,and leasehold payments or ground win if my,in the manner sel ram in paragraph 23 Inscrnw Vends Ow Taxes and Insurance'or,If not remitted to be paid in such manner,by However making Payment when due,diner ly In he payee thetenf. Despite the Owrgning.Norma shall net hr required to make payments otherwise rennin.'by this pnnnrnph il'hnmwer after wilier In Lemke shall in gird faith contest such Maitgmn.by,in defend rerun-mewl of such thligntinn le,lend tweedier which operate in prevent the enforcement of the'obligation or forfeiture of the pmpnty or nay mot dmreoL only upon normwer making ail notch contented pnynwnn and other perm*,as ordered by the rows to the registry of the room in MtMh Elicit prnernd inlet arc filed. 7. limberly insnrnnee. n,rrnwer shell keep the improvements now estiling m uereaner morel an the l'nricrty insured onainst Inss by Ire or hoards indult&within lie term"extended rwernee''in en agimlet at lean equal to the lesser of(I)the i inurabir value of the Property or(2)en amount sufficient to pay the morns seemed by this Deed of Trust as will as any prior nicumbrnncet nn the Property,All of the foregoing shell he known at"Property Insmmnce" the ia.mmnce carrier providing the insurance shall he qualified In write Properly Innraner in Colando and shall he I'hasen by flhrrm+er subject in Lender.;right to reject the croon tamer for renennnhie Cause All insurance policies ail renewals thereof shall inrmdc a standard mortgage close in lavnr of tender.anti shell provide that the inad dine carrier shell notify 1-ender at Rant ten(In) Mips before cencelletion,termination m my material change nl'rnverngc.inmrance Insliries shall he furnished In Linder at or hrl,re closing.I-emler shalt have the right to hold the policies and renrwut then-nil in the event of l�ss,flnrrnwer shall give prompt notice to the insurance carrier,Ind Lender,land.,cony make panel of loss if not node mm�lly byrn Intimate narwer. I Pr Ince prnmeei .hall he applied la restoration err repine of the Property damaged,prnt<ted such restoration orecnairiscrnnem- ,caltyf hl,andnn a Iv of this Dee)of'rein •;not thereby impaired If such rrtnnr' t or repair is not ccnlnmnlly feasible or if i lie seedfity of this bred of ThEEo would beimpaired,the insumnrs,funcrCill shall be:In dica to the suns tended by this Ored of Rost.with the, _ H tY pod to Bar If the property n1 ndoned by Pot rower.or it nnerniver fails to respond to I rider within inane Ion the dale not ire isn accordance ce with❑aragrnph 16(Notice)byI n Per to norr w I hat the nnaraIce earner tare t settle tai i insurance In e I I. I., der . untlitiriscd to Cutlet'and apply IIIc n t not proceeds, m I enders not inn I I either to run f inn repair I I I e I (Ilet'ty or to the Innis 6 rent by tl Deed 1 1 ii Any 1 antnicat n0 in*Pfne<ell<to Printing shall&IlexMt&Afivtlpotte the due tote of(l Ialtm t. referred to in par ... l,e I I d(pay ment.nl I 'n<p I and?wriest)and 21 (Escrn Funds f F Mr The en I Insurance)or rh ange the:Mi gins of Judi instollments,'Mini,M1 t muting inytli g herein to the win rnry.lr Heiler pamgraph IR(Acrelenfino;Pone ton ore,OtherR rods)Ow Pun-icily is firquircrihv Ltatter.all eolith title Intl intermit Iis,rrower in and to toy insurance policies and in and to the Inweed%thercn(ntikion, l front damage to the I'mporty prior to the.ale or ot'p(rilion shall pans to tinnier to the ea tent of the sums rccured by ibis need(f into m nte.t.a rely prior to with.nets or acquisition. Alt of the rights of harrower and Lender hereunder with respect to Manama Carriers.inwrmee policies and innitune<Proceeds nn snhjrct to die rights of env holder of a prior deed of trust with resew In said inwmtllee carriers,enticing and rumen's, 9, treterynlim,and Slntntennnte of Property, nomme.shall keep the Property in Rand repair nil shall not eansmil warn or permit impairment or deterioration or the Property Ind shall enmpty with the prrroiniuns it'any Ins if Nis Deed of'That if,on a leasehold.harrower shrill perform all of Borrower's ehligntions under any deelarations,covenants,hy-lawns,wins,or nth&documents gtwerning the use,ownership or occupancy of the Property, 9. Prmrctinn or I Rodeo's Senlrlty. Except when Rorruwer has exercised horrmmrs rights under pnragnph ti anew,if the nog rower fails to perform the erwenants one)agreements container)in this Deed nl''I'ntst,or if a derail(Occurs in n prim hen,of deny action or prnrrreing in rnmmeneed which melerinlly nitwit Lender's interest in the Properly,then Lender,:d I.emler t option,with notice m narrmver if required by law,may melee such appearances,ilishune such,sums and lake such action at is necessary to enema Lender's interest,including„hut not limited tin (cal any renal or special axes Or ditch or water assessments levied rn;ueming against the Fropttty; (It) the premium,on any insurance nunnery to protect any improvement%,rnmpriting a parr of the Property; (e) sums dire on any prior lien or encomhmnr:c In the Property; (d) lithe Properly it a leasehold or is mh)c;t Ins lease,all sums due under arch lease; lei the reacewnhle emu and erpennn of defending,Protecting nett maintaining the Property and Lender's interest in the Property,including repair and mninlnnenra cue's and expenses.cons and eopium of nmteeting and•scoring the Plep- erty,receivers("nand expenses,letpeelinit feet,appreisni iret.,,buff costs,attorney fees and eons,and fen and coals of nn nsinrney in the employment of the Lender n hart of the Certificate of purchase; (p an othercat(e end expenses allowable by the evidence of debt or this Deed of Trust,and (ad men other caste and rxpennn which may be nnthnrired by a crawl of component jnriediclinn, nnrnmer hetehy assigns in Lender any right pnrmwer luny hew by rearm t an%prior ennlmhrnncr.tin the Procern or by law'hr othenvinc In Cure any default under said prim enenmhmnee. Any mnomtn disbursal by Lender pommel to this pnrngreen 9.with interest(hearten,xh Ul become additional indebtedness of nnnnw&secured by this need of'first.corn amnion shell be payable neon notice from Lender to Borrower morning payment outwit and Louder may I ling wit in collect any amounts on dishun--ed alt,,mhos,specified in paragraph 2n(Nnlc Other Oblige- rhos Se;urrd).Nothing contained in this paragraph 9 shell require Lender to incite any expense of Enke any amine hereunder, IA, Inspection. Lender may nuke or cause in he made rnsnnnhle rotors upon and inspectinn tilthe Prapel'ty,provided that Ilnder shall give nnrrover entice.prior to any loch inspection specifying rensonehle cause therefor related In Lender't interest in the Properly. ❑. Condemnation. i'hc proceed,of any award Or claim for dnmagee,direct Or consequential,in connection with any cnndemna- tine,to ether taking„Pile Property,or part thereof,or rnrmnvcyarne in her ofmndemnaunn,are hereby assigned and shall ht paid to Leather at herein Mnvi,ied.I iuwever,all or the rights of pnrmwer and Lender hernmeler with renprc,to Snell p,rwrrJc ore a,bicn to the rights of any holder of a prior deed(f Imsr. In the event of a total taking attic Property,,the proceed,shall is applied to the sums seemed by this Deed nf'nutl.with dim rxeras, tinny.paid to hnfrnswr.In the event oft writer taking of the Prnnertv,the proceeds remaining whet taking not any pan al the award duo any priar lien holder(net award)shall he divided helween Lender and Burrower,in the semc ratio as the amount of the sonic termed by this Deeded—Elitist imnedinmly prior In the date of Inking hears m Borrower's enmity in the Property immnlintely prior to the dale oflnking.Ramnsn's equity in the Crankily mans the fair market value ol'the I'rnperty Pen the amnunt of guns.senwed by both Mist Deed nfTaut end ail prior liens(except laic)that are le receive any of the wand,all at the nine immediately prior to the dale of taking. if the emptily is abandoned by Borrower,m if,after notice by Lender to limmnwer that the nentIrmnnr nPen to make an award or nettle n claim for damages,nnemwer fails to nmplmd le Lender within:1(1 law after the date such notice in Riven.Lander is anlbnl fixed to cents&and apply the proceeds,at Lender's option,either to rentnnitimbx repair ofthe prupnty or In the soon bynenirrdthis Deed of Trunk Any mrh application nfrime:eon to Principal shall not mend mpmlpeane the due date of Mc innallmen(s referred to in paragraphs 4(Payment of Principal and Interest)and 23(escrow Fends liar harts and In.adancci now Change the wean'of nith innellmenm, 17, nmrnver Not Rekead, Cstension ofthe time Int payment or m,dlifaatlon of atnlwllreti,m cal'Zile sums seeamlhy this Deed of floor granted by lender in any nleceawn in interest of%newer shall not(meta In to rdnte,in ally Inn nnnr,Ibr inhdily of the original harrower,nor Bnnnwer's sucernei t in intern,from(he original terms of this Deed Of Trust Lender shall not he required to commence 1'^,eentiags:widen melt successor or reline to extend lime for payment or otherwise modify annnilnbon of the sums sutured by This Deed nFt'nul by reason of any demand made by the original Borrower not Borrowers necren,nn in:merest, I1, rnrhenr.nee by Lender Net a Woken Any ferhnfanee by Lender in nernisinR any right of remedy herenndrr,err nflterwfne afforded by law,shall not hc a waiver or prerhue the exercise ofeny such right or mmetly, Id. Remedies Cema4dre. Hach remedy provided in the Nate and this Deer)nf'ituat is distinct from nil cumulative to an ether rights or remedies tinder the Nate and thin Deed of Thiel or afforded by law Or enmity,and may he exerting'vpntncnlly,indepen- dntly m saeexeivell.. IS. Sdrvnnert and Aaaiadt nmmtic m int and Seven)Liability;Condom The rewonnmt and agreements herein contained shall hind,nnel the rip,hte hereunder shall More to,the respective.euettnnn anti assign of Lender and however.tithing In the pnwisines of monograph 24 chamfer of the Property;Axmtmpthml.All cmnnanu and agreements n1'Borrower shall jet joint and several.The eapdons and heeding%of the paragraphs in this Deed of'Teen are for convenient only end no;nil to be used to interpret or define the • provinfom beret( Nn.TD7b7.96. Pant 24 d. .— I ws NLISOR CENTER 970 EGG 2410 10/09/09 09:41am P. 004 Deed nfNonece.hnraetin for any notice required by low to he given in another manner,(a)Any notice to Borrower pmvldnl in this be in writing and shill he given and he effective noon(I)delivery In norrowee or(2)moiling such notice by Mnt_ eta,,I LS.mail,addremed in Rnnnwer it Retrl ewer s address quoted herein It at melt of her ndtlrees as Borrower may designate by minim In Lender as provident herein,and(h)any notice In Lender shall he in writing and shall he given mud he effective upon 111 • I delivery to render nr(2)mailing such notice by hr,i,clac US,mil.to Lender's nddrna Mated herein err in such other address as Izmir(may meignate by notice to narrower as prdwlrled herein.Any entire pmvithvl fnr in Ili 13 Denl it"lypn shall he deemed hi have been given to mmmwrr or Lender when given in any manner designated heroin. Ii. Coreeinng tan;!invertibility, The Note and this Deed of Trent shall Inc governed)by the raw of Ct(omdn.In the event'tins any omeis ion or Home or this Deed of Trust or the Note conflicts with the law,.such rnnllict shall nut infect tat her provisions of this ferlf sf Trust or the Nate which can he given effect,edema the inflicting prnvisinn,and In this end the provisions of.the Dom of Trued and Note are declared in he severable. pl. Aceeleranant Fmedasare;Other Remedies. Except an provided in taagmph 24(Transfer of the Ptopeny;Asgimptinn), Mon nnnm er•r arena of tiny covenant nr agreement of Borrower in this Deed of trim,or upon any delintlt in a prior lien upon the Pmpeo ty,(nolent Rnmm er has mercised Finnmw:e',rights tinder patagmnh h above).at I.ender;option,all of the sums seemed by this 1)emi of Trost shall he immediately due and pavahl<fAneinmtion1.To exercise this option.Lender may i isI,he the pfnver of sane and any other remedies permitted by have.Lender Atoll be emited In collect all reasnnahly costs and expense,inplrml in pursuing Olin remnlies moulded in this f)rid of Thot,including,Ina not limited to,reaalna file attorney's fees. If Lender invnkn the power of sale,Lender shall give written notice In-Motet of Mich Mention.Minute shall give such notice in narrower of❑ornswer'e ri phi s,as is Provided by law Trustee shall feeal a now of nut h notice as required by law, hence shall advertise the limy and place of the sole of the Property,fnr not less than four weeks in a newcpancr al'genrniI circulation in each minty inwhich the nroperty is. nursed,and chill typo topics amot Tmlice et sale to 0trnnver and illhe per-. n. snesrrihed NY Ian.Alter one Inone cif, h is may he initlirCil Sly l w,'inntee,wi limo demand on nnrnmer,shell sell the Property It b,h t bind er for cash at IM time and place Iwhmh d v I the Property or any n v by paw)in i nun Ip the mints a.Trustee may think best and in such circler es'Rosier may deirpeine.Lener ore Lent ler n designer may teclto law)in arc a more at any fnle.It shall not Inn ohl ilnlory upon the furchatn al any itch sale m see m the application pies may Pecans ter Pmperro Intsiee shall nitly the pneceds of the isle in the lhllowin,order ecal inn of the pumhnhe untie. ' ma limited tn,reasonable'Motet's Intl attorneys fen and costs of title evidence)(h)to ill slims costs sttnre 1 byd sthin reed of'IYue�he ante, t and(a) the excess.if any,In the person or persons legally entitled thereto, 19. l nnnwer', Right In Cure Default. Whenever foreclosure is commenced for nonpayment of any sums der hereunder,the swner,of the Property or parties liable hereon doll be entitled to cure said defaults by paying nil delinquent principal amt interest payments !lire n,nf is Deed e of mire,costs,aesdes,obligations teehnmet.cented atne feet and ohm fees all in the manner provided by law.Upon moth h t, attorney's inn pert,end the forecla,nre prnceedings.shrill lie discontinued. Y, remnin In fug forte and effect tot though no necdevtinn hall 20. Aauidnmenr d Ream;Appointment of Receiver;Lander In Pestesinn. A.sadditionnl security hereunder,narrower hereby assigns m Lender the rents of the Property;however,Ron-owe,shall,prior to Acceleration under parnpraph IR(Acceleration;Fore- closure:()nor Remedies)or abandonment of Ilia Property,have the right to collect and retain such rents as they become dpi.and P^vnhle. (ender or the holder of the Trustee's certificate of purchase shall he entitled to a receiver for the Pronerty mnrr Accelrmtlon under parnN'anh tq(Acceleration;Foreclosure;Other Remedies),and shall alto he so entitled during..the time covered by foreclosure pm. teeebngs and the period of redemption,if any;end shall he entitled thereto as a nutter of nett without re(,rtt in the solvency or insolvency of Iiernnwer or of the then owner of the Property,and without retard to the value thereof.Such receiver may le appointed by any Court of complicit jgnndiction upon ex parte applient ion and without notice—notice being hereby expressly waived. Upon Acceleration under paragraph Ill(Aecelemtitn;Foreclosure;Other Remedies)or nh,ndcmment of the Properly,Lender,in ennn,by agent or by judicially-appointed receiver,shall be entitled to enter amt,take possession of and manage she Property and to collect the milts onto Property Including those pan due.All rents connoted by leader or the receiver shall he applied,foot,In payment or Ihe costa of preservation and marmaement of the Property,second,to mtyme an:doe upon prior liens.and then to the sums seared by the Deed of Trust.Lender nod Me receiver shall he liable to account only the therm rents actually teethed. 21. Release. Open torment Mall sums secured by thin Deed of That.Lender shall cause hasten to'clean:die Deed nfitnn' and shall prndmme for Thntec the Note.llomiwer shall pay nil costs of reenrdetinn and shall nay the statutory lbrstee's fem.Tr ender spell gat produce the Nnln ns nlhresnid,then Lender, rein notice in accordance with pa mmaph Id(Notice)from harrower en lender, shell obtain,al I ender's careen,and file any lost instnment Imnd required by'Blotter or pny the tom thereof to elket the n-lenn.or this Deed of rinxl, 22. Waiver of Rgemptimn. nnrmsver hereby waives all right of homestead and any other exemption in the Property tinder state nr federal law presently existing or herennder enacted, 23. Escrow Funds fm Terses and lnewnnee. This primgrnph 23 it urn applicable if Funds at droned below-re being paid purnmnt ton prior enermhmmrn,.Subject In applicable law,Mims.,"shill pay In issuer,on melt dm ittttathrongs of principal and interett Ire payahte under the None,twilit the Note i,paid in fug,a turn(herein referred in ax"ninth-)count In..1/ 2,, yearly tine,and aesessmens which may netnin priority ever this Deed of the installments fete P of hen, time i .to,fin of yearly oament, rnnerty st mates thereof,all of rea taking imnlyp estimated initially and nromn to lithe by Linder an the basis of nsac:mrnts need bill,and sea..^.nmhhlr estimates Inking iron account any excess Funds rim vend or sbmlages. 1hr principal of the Funds shall he held in a separate aceonnt by led;lender in trust for the benefit of the Iltu wer:met disunited in an inn:Mitinn the deposits or accounts of which are insured or guaranteed by it federal or Made agency.Lender shall apply Ihr Ponds to pee said lairs.anrsnmenu sad instil-mice premiums.Lender may not charge Ow sn holding and applying the clads,analyzing said 'termini or verifying and compiling said nssetsmenis and bilk,lender shall Mitt be required In pay Borrower any interest or earnings on Pr Funds.Lender shall give in nnrmsver,without eharge an anngnt sccminting of Ihe Funds showing cum lit s rind debits to Me Ponds and the pintos!for whirls each debit to the Funds was made,The Funds are pledged as additional senmrify for the sums recurnl Ily this Deed of Trues. If the'mount of the Funds held by Lender shell not be sulfcienl In pry tale,,nneusments and insurance premiums as they fah due, o Borrower shall pay Ip Lender any amount neemsary to make up the defwiency within 10 days from the rime i ntire is given in rmdance with paragraph to(Malice)by Lender to hotrower rrgnmting mayaneal thereof.Provided however,if aim bran.snored by it, need nl'-trust is subject In R IiStA or other laws regulating Rennin,Accounts,such deficiency,,surplus or any tuner required adlustmnn shall he paid,credited of mlhr to l in compliance with such Mplic'sble lawn, I than❑oynent in full Wail sums neon rest hy this Deed of hest,Lender shill simultaneously ref and In gnawer any Kinds held by tenter.If lender paragraph lit(Acectemnnn;Foreclosure;Other Remedies)the Property Ie sold ire thctrnperty is otherwise armiired by f.ender,lender shall apply,no later than immediately prior to the sale oldie Pr first any Fund,held hy Lender at the time of appiintinn nn a credit against the on a tot-i by t its Deeimi y ni h-ti c whichever occurs M. Tansfer of the Property:Aeaumpllm,. the Ionmring evens shall he referred to herein l'a"Transfer".(t)a transfer or ofltveyenrrnecne of Idle Mr anlpor lion themnh legal or equitable)of the Property(or any part ihmonfor interest therein).fii the execution inlaecon trc,herein),agreement or an areatiann granting,t In title(or any Partin'',therm(,lentil or equitable)in the Property(or any earl demnf nr P rinssonsnry right in the I•mrrrty for any portion Ihereof),in mires,ofliner)(d)years, (iv)a emir or transfer of or the mention an contract or agreement creating a right in acquire or receive,Inns than fifty percent 151IMOl or the controlling interest Cr mote than finy perrent(10%)n(the beneficial interest in the norriwoo,Iv)the rrngmni?ntinn,limtidat inn or disbd.tinn of the Marmot!.Not Ole he inclileled at a'Frander are(i)the motion era non or enet,mbranet subordinate m this Decd of Tont,(ii)the creation of a purpinne money security interest for hnusohold applianm,or(iii)a mossier by devise,dexter nr by monition of the law upon the dealt of a jnlnl tenant At Ihe elMlion t,(Lcddm.In the event of each and every tmnsfer (n) All sums tensed hy this nand of Trot shall hernne immediately due and payable(Acceleration). (h) If a Tnnsferocrnn and should Lender not exercise Lender's option pursuant In Min pnrngmph 2s to Aeceleale.Trnnsferee Mall he deemed to have:mimed all of the obligations of Romower upon this Deed nfTont Ineludine all arms,secured hereby whether or not Ihe lnstrnment evidencing such conveys nee.contract or trent exprrnaly net troubles She,covenant shill run with the Oniony and remain in fall tone and Minn',Mil said ennui at paid in full.The Lender may without notice In the nnrro wr deal with Transferee in the Annie manner as with the Borrower with reference to mid soma ipel1Mtne die payment nr credit to Trnnsfete of lndishnrsod reserve Fundy on pnyrnnn In all of girl time.wilhaut in any way altering or discharging she nnrrnwer,nubility hereunder Inc the obligations hereby securest Canned on rennin side. • Ne.10721_-7.9% Page.3 of,4E .. — ____— -_' _ eels . -- n,aNutuN LEN IER 970 686 2410 10/09/09 09:41am P. 006 • (e) Should Lander not elm to Accelerate tenon the to mmence of such'Prewar then,sahim to fin anew,the mere fey of a Intne of time or the acceptance of moment sethsegarnnn any amen term,whether or not 1 enderhad actual in constructive notice of melt Transfer,.thrill not he deemed a waiver aftenlers right to make sac relectin,nor Mall Lender he entailed therefrom by vino thereof.The nuance on behalfoflhe Lender nfa routine statement showing the stettun!the lone,whether or not Larder had actual or anent maim Witt of out Transfer.shall not he a waiver m estoppel of Lenler i said rights. 2%. Rmrmwny COMM Rnrmwer neknmrledge'r seceint of a copy of the Note and this Dried nfThet. — EXECIITRD fly BORROWER. 1P BORROWER IS NATURAL PE.RSON(st doing hominess at IV nOR ROWER IS CORrORAT1ON; ATTEST: 'Slot'(Cana.w. Orman By (SEAL) MY AMERICAN DREAM, LLC, a Colorado OWERI PART ERSillr; [ trnlimited liability Company �-'V • ttm. rianair My C., , r e - Peres+''onager ay rhea A- LTIRpek'Cv, Manager STATE OP COLORADO • 1 n. Calmly or Weld The foregoing imsmtmam win acknowledged heron me this_ /1 day nf— Auqust 2003 , hy:8ret M. Lamperea and Cheri A- Lamperest as Mangciers of My American Dream, LLC, a Colorado limited liability company. Wdnem my hand nod official seal. My commission awaken, tolao\05 rn, — oat.. .._. li /, • i• Srinld Ir,. / frit tl'r • 'secretary or Ira natural roam or nmmne,Mama the namefs)of such mram(s),Ira earaoemion,Inert,for example,"Jolla late m President end lade Doc ea Mkt �C4a oilman rml.,., N,,"Ira MtftnM Wan, vf,for eawmPle,"See Smith xtsmeml meaner in and fm Smith.g.Smith,a No.TD7S-7-%. Pape 4 at 4 • wiNOSOR CENTER 970 686 2410 10/09/03 09:41 am P. 006 ti OO17EO a STORAGE QU LITY VALUE CARING BRET LAMPERES President/CEO 7301 S.W.Frontage Rd..#4 Grccley(970)395-9833 Fort Collins.Colorado 80528 Loveland(970)6674247 (9Fax)484-1717(970) Longmont W 18- x970)44 -M63 Watts 366-8368 w.w.dandcliomnoving.cont tea // , " � yo 950 - 9700 1.'.-..ntify Results Page 1 of 1 • WELD COUNTY ASSESSOR PROPERTY PROFILE +Iyn1 Account#: R2330603 Parcel*: 0807042000.14 Tax Area: 0430 Bordering County: Acres: Township Range Section Quart.Sec. Subdivison Name Block# Lot# 06 -67-04 -2 • Owners Name &Address: Property Address: HES LLC Street: 9217 EASTMAN PARK DR #100 City: WINDSOR, CO 80550 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 2/26/2003 $1,500,000 WD 3053723 Legal Description PT NW4 4 6 67 LOT B RECORDED EXEMPTION RE-1451 (35.6RES 1.03D 3.64R) No Buildings on Parcel http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08070... 09/03/2003 ):T e•VI' Veess 1 er r TT f• - s Permit N: )VI-0300267 Address:)35946 HY 257 WEL _ Status: CCOMPLNT APPLICANT:INES LLC Date: 09/29/2003 Back Stop 1` _ _ t iyi-r--_,71 „ .. 1 V ! 1R4i yip tr� ':Act.-',,; 6 kg all Desc Screen Pevp1e Doc Coed T JHJN t /j ,,, , �K Lee Relate _- �' a'A °1` s 5'' "7- _ L' M 'X_ `r�w.a..X. ate,."L r i .�f! Base x1 hornui :,:N'1{ °n"',•'Iy'Y4If.i � .A��-.YI''rl i.• t r mom. I .1..1 E_d I ass PIiiCGBiS, Parcel No: Owner: • r • u • People r, . - , t .• Status: COMPLNT I� Written By: BJS Sec/Twn/Rng: 04 O6 67 _'_ ' Description: Business w/out necessary permits ' • =- . Location 35946 Hwy.257 WEL • Zoning Dist: AGRI Inspection Area jV3 Permit Num: CV BLDNG VI ZONING VI CV WELD VIO"bcv vi") App Type: VI ,� (BCV=BLDNG O,VI= O,W Class Code: VI.6 BUSINESS Complant: 09/03/2003 /nit: BJS NO VI: I__/_/ Iniit: 1-- 5 Day Letter: 09/29/2003 !nit: BJS Issued: _/_/ Init: I Inspection: __/_/ /nit r- BCC Vio _/_/ /nit r—'-- • Court __/_I, !nit: I--- Closed BCV: __/_/ /nit: I Closed VI: I___/_/ IrUt: I. • • • • t ' 1 • DEPA RTMENT OF PLANNING SERVICES 1.-t p Code Compliance Division O WI 1555 N. 17th Avenue, Greeley,CO 80631 Phone: (970) 353-6100,Ext. 3540 COLORADO • Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: { ZONING CODE COMPLAINT ❑ StaftYName: Citizen ❑ Other: HEALTH DEPARTMENT Citizen's Name(If known): 't";c.;"o C WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): t \'-A `Zn, ❑ BUILDING CODE COMPLAINT PUBLIC WORKS/PEST&WEEDS Date Complaint was received: '".'C,is Pending Case#(i.e.USR,RE, SE,ect...): Cst„-?& x ;^,_, Legal Description: `•,C * P ?;,n Pt..- \u G,j'' t1/4j3i.l CJ' 4`(p t3 (,57 t ) Parcel#:L,'S L ' I ' r Violation Address: 35`'- u ?-,,, n_ Property Owners Name: 145,_- _ '. rPhone: t ' r Property Owners Address: d ::- fr. 7,1 ct t ( :-:r, , > , Tenant=s Name: Y , .; si ,�_..r., - : 3...a-1 Phone:f.)tJJ4i G(' `..�-'t'',(a}� '(i 1 //�� LaE� Oy•d Tenant's Address: ) K P � NATURE OF COMPLAINT: 'n\Odd1 ;tc-NnQ .t Ce, ,Mi„ '1-V\5.4 C'C AO6g_ v-Cr Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: RE & *D • IIIIIII IIIII IIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Due tp todays scanning technology, 3063723 0418/2003 12:11P Wald County,CO certain colored inks do not reproduce. 1 of 2 R 11,00 0 160,00 Steve Moreno Clerk 8 ReeoNer '! WARRANTY DEED THIS DEED, Made this 26th day of February, 2003 between Pineda & Sons, Inc., a Colorado corporation of the County of Weld and State of Colorado, grantor, and HEs, LLC, a Coloradd limited liability company whose legal address is 9217 Eastman Park Drive #100, Windsor, CO 80550 0c, of the County of Weld and State of Colorado, grantees: V(e`, WITNESSETH That the grantor for and in consideration of the sum of ONE MILLION FIVE HUNDRED THOUSAND AND 00/100, ($1,500,000.00) Dollars, the receipt and sufficiency of pa which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these Piyv' presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, 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: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as 35946 Hwy 257, Windsor, Colorado 80550 TOGETHER with all and singular the hereditaments and appurtenances thereto 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 grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has 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 as 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 general taxes for 2003 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in th�e,�gQu�iet and peaceable possession of the grantee, his heirs and assigns, against al;..-- person or persons lawfully claiming the whole or any part thereof. The si l r r shall include the plural, the plural the singular, and the use of any gptder'sh4lW,�q applicable to all genders. IN WITNESS• EREOF the grantor has executed this deed on the date set forth above. • of ,.. 7,' 1`S }'r ; e Ey r , Pineda & Sons, Inc., a Colorado . fl lv f corporation ` 014 Al Pine• / Secretary • ° RAOO eY G Svc l� Antonio Pi a, President STATE OF COLORADO } } as. The foregoing instrument was acknowledged before County of Weld } me this 26th day of February, 2003 by Antonio Pineda as President and Manuel Pineda as Secretary of Pineda & Sons, Inc., a Colorado corporation.-"" '%\ ----OW,',Po'`‘y %!" "(t�I, Witne y hand and official seal. i ' pARELLA L l �i My c 'salon expire N e 2005 /)' aL0CH O i � _ ,Ni Cf II %. Ps ,`,‘OF—CM-- 1295 Main St NOTARY PUBLIC No. 932A. Rev. 7-84 Windsor, COLORADO 80550 • • 1111111111111 11111 11111 I I 111111 V I I I I I I I 3063723 04/1212002 12:11P Weld County,C0 2W 2 R 11.00 016200 Steve Moreno Clerk Q Recorder "EXHIBIT A" LEGAL DESCRIPTION Lots A and B of Recorded Exemption No. 0807-04-2-RE1451, recorded April 12, 1993 in Book 1378 as Reception No. 2328372, being a part of the WW1/4 of Section 4, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. TOGETHER WITH Two and One-Half (2 1/2) shares of the capital stock of The Windsor Reservoir and Canal Company TOGETHER WITH Two (2) shares of the capital stock of the Larimer & Weld irrigation Company TOGETHER WITH Two (2) shares of the capital stock of the Larimer & Weld Reservoir Co. TOGETHER WITH 40 units of the waters from the Northern Colorado Water Conservancy District Of7 Hello