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HomeMy WebLinkAbout20110409.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #0900044 AGAINST FLAVIO AND GRACIELA PACHECO 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, Flavio and Graciela Pacheco, BCV #0900044, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 8th day of February, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Flavio and Graciela Pacheco, property owners, were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until March 8, 2011, to allow adequate time to assure the property owners have been properly notified, and, have the mobile home either removed from the property, or demolished after acquiring the proper demolition permits. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #0900044 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Flavio and Graciela Pacheco to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until March 8, 2011, to allow adequate time to assure the property owners have been properly notified, and, have the mobile home either removed from the property, or demolished after acquiring the proper demolition permits. Q.L . ?L, Viol 3j 3I 1 I 2011-0409 PL0824 VIOLATIONS - BCV#0900044 - PACHECO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of February, A.D., 2011. BOARD OF COUNTY COMMISSIONERS mow\ Els ` WELD COUNTY, CO ORADO ATTEST: ' �1 c,1 .I ,U2 2,_, 1861 �' OA 171A142.4., bara Kirkmeye , Chair Weld County Clerk t`�.- n � �� sea Co v ay, Pro-Tern /1 BY: 1✓G'. P /�1/ ( / Deputy Clerk to the Board _ U(S`( Williri F. i 7cia APPROV AS TORM: �\ r*A F David E. Long 1 1 y Attorney EXCUSED / Douglas Rademacher Date of signature: 3/3/// 2011-0409 PL0824 Violation Summary Report BASIC INFORMATION PACHECO FLAVIO H & PO BOX 656 HUDSON, CO 80642 Compliance Officer: Peggy Gregory Violation Number: BCV09-00044 Situs Address: 21265 CR 10, Hudson, Colorado 80642 Legal: PT S2 10-1-65 LOT A REC EXEMPT RE-3064 (.73R) Location: Location North of and adjacent to County Road 10, East of 1-76 North Town of Hudson South Agricultural properties East Agricultural properties West Agricultural properties Parcel Number: 147310000016-R0933401 Acreage: 10.96 Certified Mail Date: 01/17/2011 REMEDY The home shall be removed from the property or demolished after a demolition permit has been issued. RECOMMENDATION Staff recommends this case be referred to the County Attorney for immediate action as this has been an ongoing case and the manufactured home remains on site. There are numerous life safety issues in the home. LETTER HISTORY 04/03/2009 Complaint Received 04/08/2009 Complaint Validated 04/08/2009 LTTR: Violation Notice 10/07/2010 LTTR: Other Letter 10/26/2010 LTTR: Hearing Notification 11/15/2010 Remanded Back OTHER CASE HISTORY 04/07/2009 Property Inspected THE HOME IS ON THE PROPERTY. DOES NOT LOOK LIKE IT IS OCCUPIED. 04/27/2009 Phone Call Phone call from Flavio Pacheco. He has been working in Vail. He stated he moved the manufactured home to the property about four months ago and is planning to build on the property some time in the future. I explained that since the home was built in the 1960"s, it cannot be permitted and must be removed. 05/27/2009 Phone Call Phone call to Flavio Pacheco. He has been working out of town and said he may try to permit the manufactured home. I told him it either needs to be removed or permitted or I will need to schedule it with the BOCC. 07/17/2009 Office Visit Mr. Pacheco was in the office today. I explained again that the mobile home is too old to permit and needs to be removed from the property. i also explained that if he gets a replacement, it needs to be newer than 1976 and he will need to get a building permit plus a zoning permit if it is a single wide. Violation Summary Report 09/04/2009 Phone Call Phone call to Flavio Pacheco. The mobile home is still on the property. He will try to get in today to get a zoning permit to keep the mobile home on the property for six months. He also wants to get an electrical permit for the ag building. He has been working in Vail. 10/06/2010 Property Inspected MANUFACTURED HOME STILL ON PROPERTY 09/03/2010 Office Visit Flavio Pacheco came into the office and spoke with Wendi Inloes and myself. He was given 30 days to remove the manufactured home from the site. 11/05/2010 Certified Mail Receipt 12/10/2010 Property Inspected No building permits or zoning permits issued, 3 year old child living in structure. NO WATER (they haul water in buckets as needed) NO SEWER (they use buckets, dump the waste in the toilet which runs to a hold in the ground outside) WOOD BURNING - not installed to code and poses an immediate fire safety issue Several other immediate fire safety issues They heat their water with a coffee pot Home is not level. 01/17/2011 HEARING LETTER LETTER TO SCHEDULE WITH BOCC FOR VIOLATION HEARING ON FEBRUARY 8, 2011, SENT CERTIFIED, REGULAR MAIL, AND POSTED ON SITE DEPARTMENT OF PLANNING SERVICES 18 6 I - 2 011 BUILDING COMPLIANCE DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us If� E-MAIL ADDRESS: pgregory@co.weld.co.us W E L DEC O U N T Y 970-353-6100 EXT 3568 FAX 970-304-6498 January 17, 2011 FLAVIO H and GRACIELA M PACHECO PO BOX 656 21265 CR 10 HUDSON CO 80642 Subject: BCV09-00044, Part of the S2 of Section 10, Ti N, R65W, of the 6`" P.M., Weld County, Colorado Dear Mr. and Mrs. Pacheco: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 8, 2011, at 10:00 a.m., to consider the violations. To bring your property into compliance: The manufactured home shall be removed from the property or demolished after being issued a demolition permit as the Department of Housing and Urban Development will not certify homes constructed prior to June 15, 1976. 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 at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. S' er , Peggy Gregory Building Compliance Officer pc: BCV09-00044 r_l`LS Fratsiaah,Servit ; ' o t tedineseaM arOFt lermsinarrcet<QovemiaPravdedoc fr eniadelMsy.IntofmatlonvbttouawebalfeRtwwwawpsieomas , -- m r- Postage S 0 Certified Fee Return Peceiot Pee Postmark (Endorsement Required) Here Restricted Delivery Foe (Endorsement Requited) C Total Postage&Fees ru Sent To m Plavio & Graciela Pacheco C .Street Apt.No., 0 orPoSoeNo PO Box 656 21265 CR 10 city,State,ZIPt1 Hudson CO 80642 „$ OitTt 8pp:Auggep2pp8:. - .t " .Se®NeVeteetrih'strpc8nrt- Bethany Salzman From: Bethany Salzman Sent Friday, December 10, 2010 2:02 PM To: Danny Ciarrusta Cc: Kenneth Swanson; Peggy Gregory Subject: Immediate Child Welfare Concern The Weld County Building Official, Ken Swanson, conducted a site inspection at the request of the Board of County Commissioners at 21265 CR 10, Hudson, Co. The property owner's name is Flavio H & Graciela M Pacheco. In addition to the modular/manufactured home not having any building and/or zoning permits, he has the immediate safety concerns as there is a 3 YOA child living in the structure: No water (they haul water in buckets as needed) No sewer(they use buckets, dump the waste in the toilet which runs to a hole in the ground outside) Wood Burning Stove—not installed to code and poses an immediate fire safety issue Several other immediate fire safety issues They heat their water with a coffee pot Home was not installed level Thank you for your prompt attention to this safety concern. Please feel free to contact Ken Swanson (kswanson@co.weld.co.us) with any questions or concerns. Bethany Bethany Salzman Zoning Compliance Officer II 1555 North 17th Avenue Greeley, CO 80631 Office: (970)353-6100 Ext. 3555 Fax: (970)304-6498 Web: www.co.weld.co.us INSOO r RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #0900044 AGAINST FLAVIO AND GRACIELA PACHECO 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, Flavio and Graciela Pacheco, BCV#0900044, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 9th day of November, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,the property owners were present at said hearing, and WHEREAS, after hearing the testimony and statements provided, the Board deems it advisable to refer the matter back to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#0900044 be,and hereby is, referred back to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November,A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I , ATTEST: i \•las 'adem- her Chair Weld County Clerk to the Boa irai 1 .a', JA a ;„ � ara Kirkmeye , Pro-Tem BY: . L- -i. Ulip I•• Depu} Clerk • the Board 1XCUSED — Sean F. Coriay7 APPR D AS P U¢/illiam F. unty ttomey EXCUSED David E. Long Date of signature: f l C;('—'. 171_, VIOL 2010-2646 � •LI - II PL0824 it;ce a DEPARTMENT OF PLANNING SERVICES ♦♦♦ Building Compliance Division Ellie 1555 N 17th AVE, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 COLORADO Fax: (970) 304-6498 October 26, 2010 FLAVIO H and GRACIELA M PACHECO PO BOX 656 HUDSON CO 80642 Subject BCV09-00044, Part of the S2 of Section 10, T1 N. R65W, of the 6t° P.M., Weld County, Colorado Dear Mr. and Mrs. Pacheco: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 9, 2010, at 10:00 a.m., to consider the violations. To bring your property into compliance: The manufactured home shall be removed from the property or demolished after being issued a demolition permit. All debris must be removed from the property. 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 at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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, the action necessary to correct the vidlation,and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. incere y, 14r1 - Peggy regory Building Compliance Officer pc: BCV09-00044 E. SERVICE,TEAMWORK,INTEGRITY,QUALITY e ti r5EBtllcant ,'I,;tE t tIECEDr loam f ECEIPT un .-.00RweslfclltilQOSrl N4rlhsr nincmCaveragePtavtdedk. c m 1d1 wetieltseC = m m r` Postage I$ S O certified Fee Postmark HeHolumRecuryr Fee Here (Endorsement Rcqunce) O O Restricted Delivery Fee (Endorsement Required) O CC m natal Postage 3 Fees $ ru Sent io m Flavio & Graciela Pacheco O Savior,Act.No.: O o,Pc ea,nro. PO Box 656 N car Stile,ZIP.4 Hudson CO 8642 I. ' p r - 'Sea f w,ef56t nlnatrueNuns SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ElAgent X • Print your name and address on the reverse /-1('i c \ C\ ?C)( v af=t Ci CI Addressee so that we can return the card to you. R. Received by(Printed Name) C. Date oqff Delivery • Attach this card to the back of the mailpiece, �y'r�n - 7 14724O or on the front if space permits. I" I C'r t c' /"b l IAD c a D. ilNeWeecatutwPisigingrtiepantmenCI Yes 1. Article Addressed to: If YES,a spPteaydeftjepeEw: ❑ No FLAVIO & GRACIELA PACHECO gm, 0 5 ^x)90 PO BOX 656 HUDSON CO 80642 tr ' gym,E,({ z�, rfjj 3. ServiP w""" (Certified Mail ❑ Express Mail ❑ Registered ❑ Retum Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7008 3230 0000 0473 3325 (Transfer from service la PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 rr 0 DEPARTMENT OF PLANNING SERVICES 10----....)9 Building 5N AVE, ance Division 1555 N 17th AV , Greeley, CO 80631 Website: www.co.weld.co.us I E-mail Address:poreaorvAco.weld.co.us VI p Phone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE October 7, 2010 FLAVIO H and GRACIELA M PACHECO PO BOX 656 HUDSON CO 80642 Subject: BCV09-00044, Part of the S2 of Section 10,Ti N, R65W of the 6th P.M.,Weld County, Colorado Dear Mr. and Mrs. Pacheco: On October 15, 2009, Mobile Home Zoning Permit#ZPMH-2579 was approved to store the existing manufactured home on the property for six months. On September 3, 2010, staff agreed to grant you 30 additional days. On inspection of October 6,2010, the home is still on site and the property remains in violation of the Weld County Code. As we have discussed,the structure was manufactured prior to 1976 and,therefore,cannot be permitted and must be removed from the property or demolished (a permit will be required for demolition). Failure to correct this violation within 14 (fourteen) days from October 7, 2010, will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case to the County Attorney's Office for legal action. 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. cerel hen f / i Peggy Gregory Building Compliance Officer pc: BCV09-00044 ZPMH-2579 r" soc VC MOBILE HOME ZONING ADMINISTRATIVE PERMIT REVIEW COLORADO Applicant: Flavio and Graciela Pacheco I Case Number: ZPMH-2579 This is a Request for a : Zoning Permit for a Mobile Home to be stored for six(6) months. Legal Description of Parcel: Part of the S2 of Section 10, T1 N, R65W of the 6th P.M., Weld County, CO. Parcel Identification Number: 1473 10 000016 Water Source: n/a Sewer Source: n/a The Department of Planning Services' staff has reviewed this request and approves this request for the following masons: WILL WILL NOT x Be compatible with the Weld County Comprehensive Plan. x Be compatible with the surrounding area. Be in harmony with the character of the neighborhood. x Adversely affect the immediate area. Be adequately served by water and sewage disposal facilities. Adversely affect the general health, safety and welfare of the inhabitants of the area and the County. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant shall submit a statement of an exit plan acknowledging that the temporary permit shall cease to exist at any such time as the mobile home is used for other than the permitted use. Such statement shall include detailed plan for removal of the mobile home upon expiration of the permit, or at such time the permit is not renewed by either the Department of Planning or Board of County Commissioners,the applicant will have 30 days to put the exit plan into place. 2. The mobile home may not be used on any basis as a dwelling or as ovemight or temporary housing for any person. A zoning permit for temporary storage of a mobile home shall be for a period of six (6)months, and is renewable for additional six-month periods only by grant of the Board of County Commissioners, and shall be required to pay an additional fee for further extensions beyond six(6) months. 3. A zoning permit for the temporary storage of a mobile home, does not include the storage of goods inside the unit. 4. The applicant must obtain a building permit for a mobile home and must comply with all installation standards of Chapter 29 of the Weld County Code applicable to mobile homes; provided, however, that no utility hookups to the mobile home of any type, including septic systems, shall be allowed. 5. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code,the required setback is measured from the future right-of-way line. 6. Derelict manufactured (mobile) home: a manufactured (mobile) home that is partially or totally damaged by fire, earthquake, wind, or other natural causes, or is in a state of general dilapidation, deterioration, or decay resulting from improper lack of maintenance, vandalism, or infestation with vermin or rodents. Any such derelict manufactured (mobile) home shall be returned to and maintained in the condition as originally established on site and as inspected by the Weld County Building Inspection Department, or it shall be removed from the site. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 7. Any future structures or uses on site must obtain the appropriate zoning and building permits. 8. When demolishing or removing an existing structure, specifically a mobile/modular home, please contact the Weld County Treasurer's office at 970-353-3845,to ensure that the taxes have been paid and that this structure is removed from the tax roll. 9. Pursuant to Chapter 15, Articles 1 and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All other vegetation,other than grasses,need to be maintained at a maximum height of 12 inches until the area is completely developed. 10. The applicant shall maintain compliance with Section 23-4-160 of the Weld County Code at all times. 020 Date: October 15, 2009 VVendi Inloes Co Planning Coordinator Cs` filmS a DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 ' Website: www.co.weld.co.us EliAddress: pgregory@co.weld.co.us C. E-mail Phone: (970) 353-610O) Ext. 3568 Fax: (970) 304-6498 COLORADO September 9, 2009 FLAVIO H and GRACIELA M PACHECO PO BOX 656 HUDSON CO 80642 Subject: BCR09-00662, Part of the S2 of Section 10,T1 N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Pacheco: Prior to releasing permit number BCR09-00662 for electrical service in an existing agricultural exempt pole building, the enclosed Homeowner Affidavit must be signed and returned to our office. Thank you for your cooperation in this matter. Should you have any questions or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, rt Peggy Gregory Building Compliance Officer pc: BCR09-00662 BCV09-00044 es' fan rice6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address:pareoorveco.weld.co.us I Phone: (970) 353-6100, Ext. 3566 CFax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE April 8, 2009 FLAVIO H and GRACIELA M PACHECO PO BOX 656 HUDSON CO 80642 Subject: BCV09-00044, Part of the S2 of Section 10,T1N, R65W of the 6th P.M., Weld County, Colorado Dear Mr.and Mrs. Pacheco: It has been determined that the property located at 21265 County Road 10 is currently in violation of the following Section of the Weld County Code: Section 29-7-10"Permit required." Section 29-7-60'Zoning compliance?' To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the manufactured home on site, fees paid, the permit issued and all inspections completed provided the home meets the current ANSI standards. If not, the home shall be removed from the property. It is the intention of this office to assist and cooperate with you without imposing undue hardship;however,we have no discretion in this matter if you fail to correct this violation within 14(fourteen)days from April 8,2009. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case to the County Attorney's Office for legal action. 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. ' ere , Peggy egory Building Compliance Officer pc: BCV09-00044 111111 IIIII 1111111 III 11111110111 IIIII III IIIII lit IIII 2886166 0W26/2001 12:11P JA INN Teullemoto 1 of 1 R 6.00 D 10.00 Weld County CO nut record the day of ,A.D. _, at o'clock N. RECORDER. A ,..on No. By DEPUTY. WARRANTY DEED THIS DEED, Slade on this day of Seeembn21.2001 between JAMES V.SMITH AND DONNA.).SMITH of the Canty of WELD and State of Colorado , of the Grantor(s), and FLAVIO H.PACHECO AND GRACIELA M.PACHECO fa3(p those legal address is : 3924 WEST VIRGINIA AVENUE,DENVER,COLORADO 80219 of the county of WELD and State of Colomda , of the Grantee(s): WITNESS, That the Grantor(s), far and in consideration of the am of ( 2100.000.00 ***One Hundred Thousand and 00/100••• DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm mite the Grantee(s), their heirs and assigns forever, not in tawnoy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the Canty of WELD and State of Colorado, described as follows: LOT A.RECORDED EXEMPTION NO.1473.10.4-RE 3064,ACCORDING'TO PLAT RECORDED JUNE II,2001 AT RECEPTION NO.2856297.BEING LOCATED IN THE S 1/2 OP SECTION 10.TOWNSHIP 1 NORTH,RANGE 65 WEST OP THE 6Th P.M., COUNTY OP WELD.STATE OP COLORADO. • cJ�:also know as street iffier VACANT LAND.HUDSON,CO 80642 TOGETHER with all and singular and hereditmmnts 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 Grantar(s), either In low or equity, of, In and to the above bargained premises, with the heredi tements and appurtenances; TO HAVE ANDTO HOLD the said premises above bargained end described with appurtenances, into the Orantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), their 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 farm as aforesaid, and that the same are free and clear from all former and other grants, bargains, saless, liens, taxes, assessments, encurbrances and restrictions of whatever kind or nature soever, SUBJECT TO GENERAL TAXES FOR THE YEAR 2001;AND EASEMENTS.RESERVATIONS.RESTRICTIONS,COVENANTS AND RIGHTS OP WAY OP RECORD.IF ANY:AND DISTRIBUTION UTILITY EASEMENTS;AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE:AND INCLUSION OP THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT;AND THE BENEFITS AND BURDENS OP ANY DECLARATION AND PARTY WALL AGREEMENTS,IP ANY. The Grantor(a) shall and will WRMNT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all end every person or persons lawfully claiming the whole or any part thereof. The singular raster shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantors) has executed this deed on the date set forth above sinLS STATE OF Colorado )se. Canty of ADAMS The foregoing instrument was acknowledged before me on this day of Sepmmber 21.2001 by IAMBS V.SMITH AND DONNA 1.SMITH • KELLY A. KINNtAK - Sly tours engines NOTARY uia ham am a tOF COLD-PUBTrg y /,- ` OTT my Comramloo Empines Sept 18.•� i try y Na A rees of Person Creating Newly Created Leila Descripti• ( 38-3 - . , C.R.S Escrow" 5T25000395 Men Recor Return to: FLAVIO N. PACGECO Ala GRACIELA N. Tinee FC25000395 PACNECO 3924 NEST VIRGINIA AVENUE Fans No. 921A Rev 4-94. WARRANTY DEED (Joint Tenants IDJTI) DOWER, COLORADO 80219 Hello