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HomeMy WebLinkAbout20111143 RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1100025 AGAINST ABELARDO VEGA 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, Abelardo Vega, ZCV #1100025, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 10th day of May, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Abelardo Vega, property owner, was not present; however, Nancy Vega, representative, was 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 June 10, 2011, to allow adequate time for the property owner to prove the property has been an established auto dealership prior to 1982, or begin the Site Plan Review application process by submitting all required documentation to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #1100025 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Abelardo Vega 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 June 10, 2011, to allow adequate time for the property owner to prove the property has been an established auto dealership prior to 1982, or begin the Site Plan Review application process by submitting all required documentation to the Department of Planning Services. C� . PL, 1,' iol -`S" 2011-1143 PL0824 VIOLATIONS -ZCV#1100025 -VEGA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D., 2011. ` BOARD OF COUNTY COMMISSIONERS E WELD COUNTY, COLORADO ATTEST: /� !p1 !` EXCUSED 1861 ( , Barbara Kirkmeyee air Weld County Clerk to the Bo- Ria 5 Sean •. wa , Pro-Tem BY: u..��1. /�:��►_��... � Deputy Clerk to the Board William F. Garci- AP O D AS T EXCUSED David E. Long ounty A orney r aLl.9wfudi.�/ Douglar Rademache Date of signature: 7//1 2011-1143 PL0824 11StaLtig Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV11-00025 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 115 E 18TH ST VEGA ABELARDO Mailing Address: 1711 E 16 ST GREELEY, CO 80631 PARCEL: 096109300071-R3344886 Acreage: 0.28 Legal Description: 12315-A PT L5 NW4SW4 9 5 65 BEG 161.2' E OF SW COR L5 THENCE E128.8' N116.15' W128.8' S116.15'TO BEG LOCATION: Location: North of and adjacent to 18th St (aka Hwy 34) and East of 1st Av North: C-3(Commercial) Zoned properties and Greeley Municipal boundaries South: Greeley Municipal boundaries East: C-3 (Commercial) Zoned properties and Greeley Municipal boundaries and R-1 (Residential) Zoned properties West: Greeley Municipal boundaries NOTIFICATION INFORMATION: Certified Date 04/20/2011 Certified Reference Number 7010 1870 0000 4773 9424 Certified Receipt Date 04/26/2011 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 3 Commercial Zone Districts 23-3-210 C-1 (Neighborhood Commercial) Zone District. 23-3-220 C-2(General Commercial)Zone District. 23-3-230 C-3(Business Commercial) Zone District. 23-3-230.6 Uses Allowed by Right. 23-3-230.B.7 VEHICLE SALES ESTABLISHMENTS for the sale, rental or leasing of new or used vehicles or equipment. 23-3-230.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-3 Zone District until a site plan review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned C-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. VIOLATION REMEDY: As I indicated in my initial letter, the operation of an auto dealership in the Commercial(C 3)Zone District °OLO O Planning Department ZONING VIOLATION CASE SUMMARY requires a Site Plan Review(SPR) permit. My records indicate you were made aware of this necessity for an application at your Pre-Application Request meeting conducted on May 28, 2010; however, I show no evidence of such an application being completed and submitted to this office. Furthermore, in order to avoid the above scheduled Violation Hearing, a Site Plan Review application shall be completed and submitted to this office by April 25, 2011 in order for staff to complete the 7 Day Completeness Review. Additionally, any outstanding application materials shall be submitted and fees paid by May 9, 2011. If the planner deems the application complete, staff will ask the Board to refer the case back to our office for processing instead of forwarding it to the County Attorneys Office for legal action. RECOMMENDATION: The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. WORKFLOW SUMMARY: Case Initiation 02/28/2011 Initiated Violation 02/28/2011 5 Day Letter Violation 03/07/2011 Violation Notice Violation 04/20/2011 Hearing Notification OTHER CASE HISTORY: 02/17/2011 E-mail received From: Peggy Gregory Sent: Thursday, February 17, 2011 3:15 PM To: Bethany Salzman Subject:Vega Bethany Abel Vega owns the property at 115 E 18th Street which is a car dealership. He was supposed to submit a SPR unless he could prove that the a dealership had operated on the site since 1972, then he could submit an NCU. Pre-ap was on May 28, 2010. My violation is BCV10-00027. Do you want to start a zoning violation? Parcel number-096109300071 Address- 115 E 18 ST Owner-Abelardo Vega thanks Peggy Gregory Building Compliance Officer Weld County Building Department 1555 N 17th Avenue, Greeley CO 80631 tel: (970) 353-6100 Ext. 3568 04/25/2011 Office visit Jorge Vega came to the Greeley Planning Office on a completely unrelated violation. I explained this property was scheduled for a Violation Hearing on May 10, 2011. He said the renters(who run the auto sales)were supposed to submit all necessary applications. He said haven't they. I said no. He then said, well I'm really not too involved with this property. I said can you pass the word along about the hearing. He said he would. films VIiDc COLORADO Planning Department ZONING VIOLATION CASE SUMMARY INSPECTION SUMMARY: Zoning Code Inspection 04/20/2011 Noncompliance Inspection Result Comment Upon a visual inspection of the property, the following items were noted: the lot still has vehicles and trailers for sale. No pictures were taken during this inspection. DEPARTMENT OF PLANNING SERVICES Kit 7;;;;Nv Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us Wlip E-MAIL: bsalzman@co.weld.co.us CPHON 100 X 3555 FAX: 970-304-6498 COLORADO April 20, 2011 VEGA ABELARDO 1711 E 16 ST GREELEY, CO 80631 Zoning Violation Case: ZCV11-00025 Situs Address: 115 E 18TH ST Legal Description: 12315-A PT L5 NW4SW4 9 5 65 BEG 161.2' E OF SW COR L5 THENCE E128.8' N116.15'W128.8' S116.15' TO BEG Dear Vega Abelardo: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 05/10/2011 at 10:00 AM . The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 3 Commercial Zone Districts 23-3-210 C-1 (Neighborhood Commercial) Zone District. 23-3-220 C-2 (General Commercial) Zone District. 23-3-230 C-3 (Business Commercial) Zone District. 23-3-230.B Uses Allowed by Right. 23-3-230.B.7 VEHICLE SALES ESTABLISHMENTS for the sale, rental or leasing of new or used vehicles or equipment. 23-3-230.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-3 Zone District until a site plan review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned C-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter, the operation of an auto dealership in the Commercial (C 3) Zone District requires a Site Plan Review (SPR) permit. My records indicate you were made aware of this necessity for an application at your Pre-Application Request meeting conducted on May 28, 2010; however, I show no evidence of such an application being completed and submitted to this office. Furthermore, in order to avoid the above scheduled Page 1 of 2 Report ID: CODE000023v002 Print Date-Time: 4/20/2011 8:17.25AM SENDER:COMPLETE THIS SECTION C•M LETE THIS SECTI•N •N •ELIVE•.Y • Complete items 1,2,and 3.Also complete A. Sig ?tu ///A,IA item 4 if Restricted Delivery is desired. X ' V I/V a Agent • Print your name and address on the reverse VI ��r Jressee so that we can return the card to you. B. R eiv d by(Printed N.n Date Delivery • Attach this card to the back of the mailpiece, l/ or on the front if space permits. 1. Article Addressed to: ( III), `i;9'Ti' p-laiss differ from item 1? Yes 1tt ,// ❑❑YES, elivery address below: ❑ No (-\i L_ i.i i��('.00 Ft-1_: App 2I) L(1 II • III C l_CH' :S+ Weld CUL,!!.. ; Deparimeni ,ReEl .1 ,ll-Flf F / _ - 3. Service Type -.rl� lQ`� t i�Li C(1/ � Certified Mail O Express Mail U�-'�1�� ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service label) 7010 1870 0000 4773 9424 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15ao DEPARTMEN OF PLANNING SERVICES Zoning Compliance Division Kf 1555 North th Avenue Greeley, Co lorado Coloto rado 80631 WEBSITE: www.co.weld.co.us ip E-MAIL: bsalzman@co.weld.co.us CFAPHX 9E 0-304 6498100 X 3555 COLORADO Violation Hearing, a Site Plan Review application shall be completed and submitted to this office by April 25, 2011 in order for staff to complete the 7 Day Completeness Review. Additionally, any outstanding application materials shall be submitted and fees paid by May 9, 2011. If the planner deems the application complete, staff will ask the Board to refer the case back to our office for processing instead of forwarding it to the County Attorney's Office for legal action. This hearing will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned violation hearing date. The Department of Planning Services staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal actions 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. U.S. Postal Service,,., • Sincerely, 'CERTIFIED MAIL,k, RECEIPT s `(Domestic Malt Only;No Insurance Coverage Provided). -_yhtm r elivery int rmati n vtsk ur we site at vnvw.us s c•mt; _ Bethany Salzma N Postage $ Zoning Compliance Office II s Certified Fee File: ZCV11-00025 O O Fee Return someReceipt Postmark p (Endorsement Receipt )Res Here O (Endorsement Delivery Required) Fee C (End tricted negyire e co Total Postage&Fees r9 Sent To \ i srr66tn eivE; i I arPO Box No. 11 \ fl 1 - .-I c(LI 31 City,State,TJP+4 1L, ` J) Page 2 of 2 Report ID: CODE000023v002 Print Date-Time: 4/20/2011 8:17 25Atv1 'a1 DEPARTMEN I OF PLANNING SERVICES rstsG Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us liD • E-MAIL: bsalzman@co.weld.co.us PHONE: 3 100 X 3555 FAX: 970-304-6498 COLORADO March 07, 2011 VEGA ABELARDO 1711EI6ST GREELEY,CO 80631 • Zoning Violation Case: ZCV11-00025 Legal Description: 12315-A PT L5 NW4SW4 9 5 65 BEG 161.2' E OF SW COR L5 THENCE E128.8' N116.15'W128.8' S116.15'TO BEG Situs Address: 115 E 18TH ST Dear Vega Abelardo: The uses on the.above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23, Article 111(3), Division 3 Commercial Zone Districts 23-3-210 C-1 (Neighborhood Commercial)Zone District. 23-3-220 C-2 (General Commercial)Zone District. 23-3-230 C-3 (Business Commercial)Zone District. 23-3-2301.B Uses Allowed by Right. 23-3-230.6.7 VEHICLE SALES ESTABLISHMENTS for the sale, rental or leasing of,new or used vehicles or equipment. 23-3-230.E Site Plan Review Required:No land, BUILDING or STRUCTURE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the C-3 Zone District until a site plan review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C-3 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USE of property zoned C-3 have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter, the operation of an auto dealership in the Commercial (C 3) Zone District requires a Site Plan Review(SPR) permit. My records indicate you were made aware of this necessity for an application at your Pre-Application Request meeting conducted on May 28, 2010; however, I show no evidence of such an application being completed and submitted to this office. Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 3/7/2011 9:14:34AM DEPARTMEN I OF PLANNING SERVICES S 11 Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us wiveE-MAIL: bsalzman@co.weld.co.us E 0 304 6496100 X 3555 FAX: 9 COLORADO - - It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 04/07/2011 to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call • Sincerely, Bethany Salzm Zoning Compliance O II File: ZCV11-00025 • • Page 2 of 2 Report ID: CODE000021v002 Print Date-Time: 3/7/2011 9:14:34AM ellP\ fin DEPARTMEN f OF PLANNING SERVICES (� Zoning Compliance Division ee North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: bsalzman@co.weld.co.us CPHONE: 3 100 X 3555 FAX: 970-304-6498 COLORADO February 28, 2011 VEGA ABELARDO 171 I E I6 ST GREELEY,CO 80631 Zoning Violation Case: ZCV11-00025 Situs Address: 115 E 18TH ST Legal Description: 12315-A PT L5 NW4SW4 9 5 65 BEG 161.2'E OF SW COR L5 THENCE E128.8' N116.15'W128.8' 5116.15'TOBEG Dear Vega Abelardo: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: The operation of an auto dealership in the Commercial (C-3)Zone District requires a Site Plan Review (SPR) permit. My records indicate you were made aware of this necessity for an application at your Pre-Application Request meeting conducted on May 28, 2010; however, I show no evidence of such an application being completed and submitted to this office. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzmpli fFn-€Zoning Complia ce O r II File: ZCV11-00025 BCV10-00027 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR ; 16 . C-,rC.-)c PROPERTY PROFILE Account#: R3344886 Parcel#: 095109300071 Tax Area: 0604 Bordering County: Nei:, L-(_ Acres: 0.3434 ( 1 Township Range Section Quart. Sec. Subdiyison Name Block# Lot# 05 - 65 - 09 - 3 UNION COLONY LANDS - - 5 Owners Name & Address: Property Address: VEGA ABELARDO Street: 115 E 18 ST WELD 1711 E 16 ST City: WELD GREELEY, CO 80631 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 9/14/2005 $270,000 WD 3323582 Legal Description 12315-A PT L5 NW4SW4 9 5 65 BEG 161.2' E OF SW COR L5 THENCE 6128.8' N116.15' W128.8' 5116.15'TO BEG Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Commercial 2120 Square Feet 14960 Land Subtotal: 14960 $37,400 $10,850 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Commercial Improvements Subtotal: $10,100 $2,930 Total Property Value $47,500 $13,780 Building Details Account#: R3344886 Parcel#: 096109300071 Owners Name e&Address_ Property Address: VEGA ABELARDO Street: 115 E 18 ST WELD 1711 E 16 ST City: WELD GREELEY, CO 80631 Building# Property Type 1 Commercial Individual Built As Detail Built As: Office Building Year Built: 1932 Exterior: HVAC: Space Heater http://maps2.mcrrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09610... 2/28/2011 Identify Results Page 2 of 2 Interior Finish: Built As SQ Ft: 480 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft Detached SQ Ft: Basement Total SQ Ft: Finished SQ Ft http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09610... 2/28/2011 f` 1 Bethany Salzman From: Peggy Gregory Sent: Thursday, February 17, 2011 3:15 PM To: Bethany Salzman Subject: Vega Bethany Abel Vega owns the property at 115 E 18th Street which is a car dealership. He was supposed to submit a SPR unless he could prove that the a dealership had operated on the site since 1972,then he could submit an NCU. Pre-ap was on May 28, 2010. My violation is BCV10-00027. Do you want to start a zoning violation? Parcel number—096109300071 Address— 115 E 18 ST Owner-Abelardo Vega thanks Peggy Gregory Building Compliance Officer Weld County Building Department 1555 N 17th Avenue, Greeley CO 80631 tel: (970)353-6100 Ext. 3568 t${, 1011 wrt`tt2co NTT u Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 s) 1111111111111111111 m 1111111pI lle111111111111111111111 b1 0l 2 P 11.00 D 27.00 1Steue Moreno Clerk a Recorder WARRANTY DEED `loo 688 17 THIS DEED,Made this 14th day of September,2005 between fee,a7.CC) Joe T.Leal and Jolla Leal of the County of Weld,State of Colorado,grantor and Abelardo Vega whose legal address is:1711 E.16th Street,Greeley,CO 80631, of the County of Weld,State of Colorado,grantee: WITNESSETH,That the grantor for and in consideration of the sum of Two Hundred Seventy Thousand Dollars and NO/100's(5270.000.00)the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm, unto the grantee,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: Sec Exhibit B attached hereto and made a part hereof. also known by street and number as 1742 tel Ave.&115 E.18th St,Greeley,CO 80631 TOGETHER with all and singular the hereditarnents and appurtenances'hereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,tents,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 gram,bargain,sell and convey the same in manner and form as aforesaid,and that the same ale free and clear from all former and other grants,bargains,sales,liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a"Title Review",of the contract dated lime 25,2005,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. SELLERS: —r . foe fd STATE OF COLORADO }SS: COUNTY OF Weld The foregoing instrument was acknowledged before me this I of Sep ber 005 by Joe T.Leal and Julia Leal a - • Notary Public Witness my hand and official seal. LJ My Commission expires: LAJUNE PEARSON NOTARY PUBLIC STATE OF COLORADO MY Commlssion Fxairas Sept.18.2005 WDPHOTO ll (�. It,tn�haLt Security Tide Wnny Decd(For p6oteerap6io Record) t "`4 17 File No.S0068817 Grail CO 8OO31 ' 1 I I I I I I 1111111111111111111111 a 111111111111111111111111 2 of 2 R 11.00 0 21.00 Steve Moreno Clerk 8 Recorder Exhibit B Parcel I: That part of Lot 5 of the Northwest Quarter of the Southwest Quarter of Section 9,Township 5 North,Range 65 West of the 6th P.M.,being more particularly described as follows: Beginning at a point 161.2 feet East of the Southwest corner of Lot 5 of the Northwest'A Southwest'A of Section 9,Township S North Range 65 West of the 6th P.M.;thence East 128.8 feet;thence North 116.15 feet;thence West 128.8 feet;thence South 116.15 feet to the point of beginning,County of Weld,State of Colorado. Parcel II: That pan of tut 5 of the Northwest Quarter of the Southwest Quarter of Section 9,Township 5 North,Range 65 West of the 66 P.M.,lying South of the North 461.5 feet;excepting therefrom; Beginning at the Southwest corner of said Lot 5;thence East 290 feet;thence North 116.15 feet;thence West 290 feet;thence South 116.15 feet to the Point of Beginning,City of Greeley,Weld County,Colorado,EXCEPTING therefrom the West 40 feet for First Avenue as conveyed to the City of Greeley,a municipal corporation by Warranty Deed recorded May 20,1985 in Book 1070 as Reception No.2010211. Together with the easement rights created in deed recorded hi Book 1280 at Page 298 for a driveway,sewer,water, and utility lines for the use and benefit of Parcels I and II. APPINDEM5 Re Na.50068511 Affidavit and Indemnity rmss „as, 1 111111 11111 11111 11111 1111111 1111 11111 11111111 111 N 3416921 09/0512006 10:10A Weld County,CO 1 of 2 R 11.00 0 7.00 Steve Moreno Clerk 8 Recorder 9i .G2. WARRANTY DEED 700 THIS DEED,Made this 31st day of August,2006 between Sebo Properties,LLC,A Colorado Limited Liability Company of the County of Weld,State of Colorado,grantor and Abelardo Vegal whose legal address is:481 8th A.,6,..1.,,(a,80631, M/, e /(o h V of the County of Weld,State of Colorado,grantee: eV/ • WITNESSETH,That the grantor for and in consideration of the sum of Seventy Thousand Dollars and NO/100's(370,000.00)the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed,and by these presents does grant,bargain,sell,convey and confunl,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: Sec Exhibit A attached hereto and made a part hereof. also known by street and number as 101 East 18th Street,Greeley,CO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the 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 caseating 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 all taxes and assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section Sa"Title Review",of the contract dated,between the pasties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. SELLER: Sebo Properties,LLC CHARIONGREENSMITH ✓�•fir;f�7r.G10 /3,/%/,., 4 ' NOTARY PUBLIC by Robert Sebo Behrends.manager STATE OF COLORADO STATE OF COLORADO My Commission Expires Mar.6,2007 COUNTY OF Weld )69: The foregoing instrument was acknowledged before me this 31st day of August,2006 by Robed Sebo Behrends,manager of Sebo Properties,LLC,A Colorado Limited Liability Company Notary Public Witness my hand and official seal. / My Commission expires: 3/(e o/ diel/A� • 0./ 4 ��ed./ go geld 3- 11 WDPHOTO Security Tllld Waminty Deed(For Photographic Record)updated 1/2C06 File No. bbg$l Al 333 fie\ eat) Exhibit"A" All that part of Lot 5 of the Northwest Quarter of the Southwest Quarter of Section 9,Township 5 North,Range 65 West of the 6th P.M.,according to the subdivision of lands by the Union Colony of Colorado,being more particularly described as follows: Beginning at the Southwest corner of Lot 5,thence East 161.2 feet,thence North 116.15 fce1 thence West 161.2 feet;thence South 116.15 feet,to the point of beginning,except that portion conveyed to the City of Greeley by instrument recorded May 20,1985 in Book 1070 as Reception No.2010210, County of Weld,State of Colorado. 111110 INV t11 11111 ����III I 3416921 of p 1.D 7.00 $6 t a MBBre000BClerk 8 Recorder EXHIBITAar Exhibit A—Legal DescriptionFilea N Na 80.5 1 7715 0163008 Ma I H Slit I- V'i re _ I al_ -t. a is lril w 1 4 I la' LL asi a 1 rs I eli • isSINS IND .1111.4111111. smatessitwis 5e ,] N f -.01.W 4 OC• CV aai I m 1 1• V. 11 S 1 _!.'1 1 4 _.. ,, et, { l . • . . i),, . g—s') kii! lir . . 4` I i i 3 1 -1 - 4 1 • II C ,I 9 ' I . 1 • Chi s s , 1 r.: F 1 1 I \ : \ I ' li I I r3allt 1t Lai I 1 .i, . law egg •r-1 r. 1 ...\ i I - � S 's'- - . . 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