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HomeMy WebLinkAbout20100725.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST KURT AND BECKI SCWADER 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, Kurt and Becki Schwader, ZCV#0900371,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 13th day of April, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Kurt and Becki Schwader, property owners, were present at said hearing, and WHEREAS,the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action,with an instruction for delay of action upon such referral until June 13, 2010, to allow adequate time for the property owner to submit an application for a Use by Special Review (USR) permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0900371 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Kurt and Becki Schwader 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 13, 2010,to allow adequate time for the property owner to submit an application for a Use by Special Review (USR) permit. de ! AZ, /1/OZ 2010-0725 55 j, 6„, PL0824 VIOLATIONS- ZCV#0900371 - KURT AND BECKI SCHWADER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 2010. BOARD OF COUNTY COMMISSIONERS ELD COUNT OLORADO TEL r� ATTEST: , it-, '' ,,The- `-' Rademac er, C it • Weld County Clerk to the Board isei ��' Q' / 1W . r`�a Kirkmeyer, Prem I Depu Clerk t e Board C1D AP ED O ORM: iam F. Garcia ou y Attorney E Davi E. Long Date of signature: liaa<<a 2010-0725 PL0824 Violation Summary Report BASIC INFORMATION SCHWADER KURT W& BECKI M 940 W 7TH ST LOVELAND, CO 80537 Compliance Officer: Bethany Salzman Violation Number: ZCV09-00371 Situs Address: 21990 E 1-25 FRONTAGE RD Legal: PT W2NW4 14-4-68 LOT A REC EXEMPT RE-2139 (.07R) Location: Location South of and adjacent to CR 46 and East of and adjacent to 1-25 North Agriculturally zoned properties and approximately 1/2 South of Johnstown municipal boundaries South North of and adjacent to Berthoud municipal boundaries East West of and adjacent to Berthoud municipal boundaries West East of and adjacent to 1-25 frontage road and Agriculturally zoned properties Parcel Number: 106114200041-R7470998 Acreage: 2.89 Certified Mail Date: 03/05/2010 Certified Mail Receipt: 03/11/2010 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. REMEDY My records indicate that a Pre-Application meeting was conducted on February 11, 2010 where Michelle Martin (Planner) explained the Use by Special Review (USR) process and provided an application. In order to avoid the April Violation Hearing, I would recommend the USR application be assembled and 4 packets be submitted to the Department of Planning Services within the next week or two. Planning Department Staff will review your packets and respond within 7 working days outlining any missing paperwork or necessary corrections. The remaining packets and any other requirements as outlined in Staffs follow up 7 Day Completeness Review memorandum and fees shall be submitted prior to the hearing in order to cancel the Violation Hearing. If you are unable to meet this timeline, I would recommend you or a representative attend the April 13th Violation Hearing to request additional time from the Board of County Commissioners. RECOMMENDATION The Department of Planning Services recommends this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 01/28/2010 Complaint Validated 01/28/2010 LTTR: 5 Day Letter 02/05/2010 LTTR: Violation Notice 2010-0725 Violation Summary Report 03/05/2010 LTTR: Hearing Notification OTHER CASE HISTORY 01/08/2010 Property Inspected Upon a visual inspection of the property, the following items were noted: Air Masters (Furnace and Air Conditioning). No pictures were taken during this inspection. 02/02/2010 Phone Call Becky Schwader (970-532-7618) called and left a voice mail stating she received my letter and was going to work on completing the Pre-Application process. 02/11/2010 Office Visit Pre-Application Request meeting conducted (Michelle Martin). 03/11/2010 Certified Mail Receipt Certified Receipt received - signed. Sf WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 Tenth Street Greeley, CO 80631 1111DPhone 970-353-6100 X 3555 O FAX: 970-304-6498 • E-Mail: bsalzman@co.weld.co.us COLORADO March 05, 2010 SCHWADER KURT W& BECKI M 940 W 7TH ST LOVELAND, CO 80537 Case: ZCV09-00371 Legal Description: PT W2NW4 14-4-68 LOT A REC EXEMPT RE-2139 (.07R) Dear SCHWADER KURT W& BECKI M: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 04/13/2010 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: My records indicate that a Pre-Application meeting was conducted on February 11, 2010 where Michelle Martin (Planner) explained the Use by Special Review(USR) process and provided an application. In order to avoid the April Violation Hearing, I would recommend the USR application be assembled and 4 packets be submitted to the Department of Planning Services within the next week or two. Planning Department Staff will review your packets and respond within 7 working days outlining any missing paperwork or necessary corrections. The remaining packets and any other requirements as outlined in Staff's follow up 7 Day Completeness Review memorandum and fees shall be submitted prior to the hearing in order to cancel the Violation Hearing. If you are unable to meet this timeline, I would recommend you or a representative attend the April 13th Violation Hearing to request additional time from the Board of County Commissioners. (it cfes \ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 Tenth Street Greeley, CO 80631 Phone 970-353-6100 X 355 Illig C FAX: 970-30448 E-Mail: bsalzman@coweldso.us COLORADO This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services'staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, d a N n N V / C 0 e ry r OI O m m 6 m < O N t Y rcu Bethany Salzman o a ru Zoning Compliance Officer II w �. .- 0 r 0 m pc: ZCV09-00371 -- -, e gp u. Lt-- t E d 1) S" ▪ - m c 9.09; C '+� m 0 E it • m ,s p r. .�i'S ¢ U m U;S. Postal ServiceTM w _ _ r st w z CERTIFIED MAILrh, RECEIPT N ` a atib, LL C r9 PJ W cc = , 9 a 82 22 o (Domestic Mail Only;No Insurance Coverage Provided) m v v a- C7 y U � D R — Nd m ¢ m (n ❑ ❑ ¢ ..D I li 7 U - m . 0 ei v rR l c Postage $ r-R m 18 r9 Ul O Certified Fee O o O O Return Receipt Fee Postmark N d v (Endorsement Required) Here d V.aa) • a (//�''.��)� r Q O Restricted Delivery Fee O- N 'J� (Endorsement Required) • O E m oo E Y t(y(C,{J mg OO w 0-o Total Postage&Fees $ I W y V e I Ln y awyo6 ol Sent rin iirCke. N�� Ero O.n .. �` n o Street,Apf. o.;/'� r t /� fI, / ry, I a m r0" m a or PO Box No. Pe-. f'0 7 -*- ! W — m City,State.ZIP;, t lltyp f•� W m r �,o N •2 C U a tg.1 Eire i /' a0i ti c N • ' E >,mcc c o a.c m m E EEC m o ) ,� - �✓ v c15 om.` O « r r rn IN IN ■ v N a Michelle Martin Subject: PRE-APPLICATION MEETING - BECKI SCHWADER [CONFIRMED] Location: GREELEY PLANNING OFFICE 918 TENTH STREET, OFF-STREET PARKING ADJACENT EAST OF BUILDING Start: Thu 2/11/2010 2:00 PM End: Thu 2/11/2010 3:00 PM Recurrence: (none) Meeting Status: Accepted Organizer: Kim Ogle Required Attendees: AIRMASTERSLLC@SKYBEAM.COM; Kim Ogle; Kristine Ranslem; Heidi Hansen; Donald Carroll Optional Attendees: Michelle Martin; Lauren Light; Kenneth Swanson When:Thursday, February 11, 2010 2:00 PM-3:00 PM (GMT-07:00) Mountain Time (US &Canada). Where: GREELEY PLANNING OFFICE 918 TENTH STREET, OFF-STREET PARKING ADJACENT EAST OF BUILDING Note: The GMT offset above does not reflect daylight saving time adjustments. CONTACT INFORMATION BECKI SCHWADER 970-532-7618 AIRMASTERSLLC@SKYBEAM.COM PROPERTY DESCRIPTION LEGAL: LOT A RE-2139; PART W2NW4 14-4-68 SITUS: 21990 CR 46 OWNER: KURT AND BECKI SCHWADER PARCEL# 1061-14-2-00-041 ZONING: AG ACREAGE: 2.87 WATER: LITTLE THOMPSON SEWER: SEPTIC VIOLATION?: ZCV09-00371 REQUEST: HEATING AND AIR CONDITIONING COMPANY 19 EMPLOYEES SIX VEHICLES, ONE TRAILER SCHWADER.HTML SCHWADER AERIAL.pdf DEAR MS. OGLE: PLEASE BE ADVISED THAT ONLY THREE OF OUR 19 EMPLOYEES COME TO THE SHOP. FOURTEEN OF OUR EMPLOYEES DRIVE THEIR OWN VEHICLES DIRECTLY TO THE HOME DEPOT STORES WHERE THEY WORK PART TIME AS LEAD GENERATORS AND TWO OF OUR EMPLOYEES GO RIGHT TO ALL AMERICAN HOMES IN MILLIKEN AND DO NOT COME DIRECTLY TO THE SHOP. I WOULD ASK THAT 1 THIS INFORMATION BE CONSIDERED FOR THIS PRE-APPLICATION PROCESS. 2 S1 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 Tenth Street wigs Greeley, CO 80631 Phone: 970-353-6100 X 3555 4-6498 E-Mai l:bsalzman@co.weld.co.us Obsalzmn@cowed.Co.us COLORADO - February 05, 2010 SCHWADER KURT W& BECKI M 940 W 7TH ST LOVELAND, CO 80537 Case: ZCV09-00371 Legal Description: PT W2NW4 14-4-68 LOT A REC EXEMPT RE-2139 (.07R) Dear: SCHWADER KURT W& BECKI M : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-40 Uses by special review 23-3-40.0 HOME BUSINESS. 23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivision. PUD development proposals shall not be permitted to use the special review permit process to develop. To bring your property into compliance with the Weld County Code: While I am in receipt of the faxed Pre-Application Request form and attachments, as I have previously indicated a Use by Special Review (USR) permit is required for your operation. At the Pre-Application Request meeting the Planners will walk you through the USR application. A Violation Hearing will be scheduled out in approximately 60 (sixty) days in order to allow enough time for you to compose a complete USR application. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 03/05/2010, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Page 1 of 2 (eirt(to WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 Tenth Street zip Co Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Mail:bsalzman@co.weld.co.us -COLORADO Sincerely, !3t.61-eik_k_6}7ykciv- Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00371 Page 2 of 2 i(it � WELD COUNTY PLANNING DEPARTMENT Bethany Salzman E :OffIr11 ng Complia iiiig C Phone: 970-353-6100 X 3555 FAX: 0-304-6498 E-Mail: allzman@co.weld.co.us COLORADO January 28, 2010 SCHWADER KURT W & BECKI M 940 W 7TH ST LOVELAND, CO 80537 Case: ZCV09-00371 Legal Description: PT W2NW4 14-4-68 LOT A REC EXEMPT RE-2139 (.07R) Dear SCHWADER KURT W & BECKI M: 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: Please be advised that the operation of a furnace and air conditioning company (dba: Air Masters) and/or storage of COMMERCIAL VEHICLES and materials requires a Use by Special Review permit. The first step in this process is a Pre-Application Request meeting. This step is completely free to the application, but does require submittal of a short application. Please see the enclosed application or see the following web address: http://www.co.weld.co.us/departments/plan n i ng/Plan n i ng/Proced ural_G u ides6-15-08/P reAp placation%20Request%20(2).pdf This web address will take you to the Pre-Application Review Request link; otherwise go to: www.co.weld.co.us On the left hand side go down to Planning &Zoning (click on this link) Then click on the Planning Department link in the center of the page Then click on the Pre-Application Request link (the 3rd one down). Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, 71 ( /7Ic., i Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00371 Page 1 of 1 Print Form Submit by Email I WELD COUNTY PRE-APPLICATION REVIEW REQUEST • The pre-application request is the preliminary review of a land use proposal. Pre-application reviews are required prior to beginning the application process; however, this review is not an- application. Pre-application reviews are held with the Weld County Departments of Public Works and the Public Health and and Environment. Pre-Application reviews are held Thursday and Friday of any given week in the Greeley office. To be on the pre-submittal agenda, the request and required checklist items must be received one week prior to the review date,and shall include at a minimum, a description of the property including surrounding lands and land uses, property owners name and contact information, a brief narrative and a map delineating the property location, in addition to the other items listed. • The Property Information required below can be found on the Weld County Assessor website at www.co.weld.co.us Please print a copy of the Assessor's page and submit it with your pre-application review request. • Mail,fax or drop off the request and required checklist items to the address listed below, a minimum of one week prior to your preferred meeting date. • Submitting your request in a timely manner is important to get your project scheduled for review. Contact Information: Name: Phone: Fax: Email: Address: Project Description: Property Information: Section-Township- S14 T4N R68W Zoning Agriculture Range 9 Parcel Number 1061 14 2 00 041 Acreage 2.87+/- Site Address 21990 CR 46 Water Source Legal Description Lot A of RE-2139-W2NW4 Sewer Owner Name Schwader,Kurt W&Becki M is this property currently in violation? r Yes r No Case Number ZCV09-00371 Preferred date and time for meeting: Office Use Only .. Project Title: • Description: Review Date: • • • • Meeting Date/Time:. Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, II FOR (SPR) SITE PLAN REVIEWS: ❑ • f project narrative explaining request ❑ Concep site plan showing all struct arcing, nearby roads, and driveway access ❑ Existing contour rqposed tirades ❑ Conceptual dreg ❑ Consepivarbuilding elevations Econceptual landscape plan FOR (USR) USE BY SPECIAL REVIEWS: ❑ Brief project narrative explaining request ❑ Conceptual site plan showing all structures, parking, nearby roads, and driveway access ❑ Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan FO PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): ❑ Brief project narrative expl ' ing reques ❑ Exhibit showing desired changes-to ade ❑ Location map shoymg-property, surrounding mea and adjacent uses ❑ Conceptual-zoning map showing current and propo zoning ❑ Ce c ptual site plan showing all structures, parking, near and driveway access DI__Existing contours and proposed grades ❑ Conceptual drainage ❑ Conceptual landscape plan Weld County Department of Planning Services 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Identify Results Page I of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7470998 Parcel#: 106114200041 4fl 4axwuwu ti .. wwwr»awv:i7n.:.;w::ar:xu Tax Area: 2371 Bordering County: Acres: 2.87 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 04 -68 - 14 - 2 - - ZIT / Owners Name&Address: Property Address: SCHWADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City:WELD LOVELAND, CO 80537 Additional Owners: SCHWADER BECKI M Business/Complex: Sales Summary Sa a Date Sale Price Deed Tvoe Reception # 5/1/1998 $150,000 WD 2611386 Legal Description PT W2NW4 14-4-68 LOT A REC EXEMPT RE-2139 (.07R) SITUS: 21990 46 CR WELD 80534 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4117 Acres 2.87 Land Subtotal: 2.87 $1,487 $430 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building 3 Out Building 4 Out Building Improvements Subtotal: $114,624 $10,770 Total Property Value $116,111 $11,200 Building Details Account*: R7470998 Parcel#: 106114200041 Owners Name&Address: Property Address: SCHWADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City: WELD LOVELAND, CO 80537 Building* Property Type 1 Residential httn 7//mans2.memck_com/Wehsite/Weld/setSal.asn?cmd=OUERY&DET=PP&vin=1061... 12/29/2009 Identify Results Page 2 of 3 Individual Built As Detail Built As: 1 1/2 Story Fin Year Built: 1889 Exterior: Frame Hardboard HVAC: Floor/Wall Furnace Interior Finish: Drywall Built As SQ Ft: 1498 # of Baths: 1 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1.5 Rooms: 4 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Parcel#: 106114200041 Account#: R7470998 Owners Name &Address: Property Address: SCHWADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City: WELD LOVELAND, CO 80537 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R7470998 Parcel#: 106114200041 Owners Name&Address: Property Address: SCHWADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City: WELD LOVELAND, CO 80537 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1982 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 2560 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: httn•li,,,, c1 mn ar1r rnm/Wvhcite/Weld/cetSnl acn9emd=fUERY&DET=PP&gin=1O61... 12/29/2009 identify Results Page 3 of 3 Basement: Total SQ Ft: Finished SQ Ft: Account#: R7470998 Parcel#: 106114200041 Owners Name &Address: Property Address: SCHWADER KURT W & Street: 21990 46 CR 940 W 7TH STREET City: WELD LOVELAND, CO 80537 Building# Ma IS 4 Out Building Individual Built As Detail Built As: Grain Bin Year Built: 1980 Exterior: Metal HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garag : Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: 1.«.... n,orr:,.v nnrnlflfnkcifpdUJPl,AlcPrcnI ac„9rrnr1=CxIFRYRrfFT=PP&nin=1O61... 12/29/2009 11111111111 11110 IIII II III 1111111 IIIII till Iiii lit 2611386 05/07/1868 10:04A Mold County CO 1 of 1 R 6.00 D 15.00 JA Sukl Twkamoto WARRANTY DEED THIS DEED. Made this let day of May ,19 98 , between M.L.D. Equities, LLC, a Colorado Limited Liability Company of the County of Weld and State of Colorado . `/ grantor,and Kurt W. Schwader and Becki M. Schwader whore legal addreasis 940 W. 7th Street, Loveland, CO 80537 0 of the County of Lorimer and State of Colorado .grantees: WITNESS,That the grantor.for end in consideration of the sum of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS,($150,000.00 ),the receipt and - sufficiency of which is hereby acknowledged,has granted,bargained,sold ad conveyed.and by these-presents does grant bar- -- gain,sell,convey and confirm,unto the grantees,their heirs and assigns forever,not ID tenancy In common but In Joint tenancy, all the real property together with improvements.if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: Lot A, Recorded Exemption No. 1061-14-2-RE2139 in the Northwest Quarter and a portion of the North Half of the Southwest Quarter of Serbian. r.4,. Tiwnship_ t North, Range 68 West of the 6th P.M. County of Weld, State of Colorado also known by street and number as 21990 County Road 46, Johnstown, Colorado 80513 TOGETHER with all and singular the hereditamenta 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 heredimments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtena ces,unto the grantees,their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant grant,bargain and agree to and with the granter,their heirs and assigns,that at the time of the enanling and delivery of these presents.he is well seized of the premises above conveyed, has good,sure,perfect absolute end 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 coever, except for taxes for the current year,a lien but not yet due and payable,easements,restrictions,reservations,covenants and rights-of-way of record,If any. The grantor shall and will WARRANTANDPOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantees,their heirs and assigns,against all and every person or persona 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. S2rr ;e LLC, a Colorado, /J f .;r 7 t; �� .,'..)W--5 / �t STATE OF COLORADO I Ise V..! COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this lot day of May .1998 ,by David Lamb, Manager as of M.L.D. Equities, LLC, a Colorado, Limited Liability Company. My Commission expires: August 4, 2001 - Wim a my hand ando'jC��j'f`,' 2 / Notary ary Pub / anet R. Jones WARRANTY DEED(wide.Taint.)sin n p 1:51.•W662na911 IIMINI .V.,ftoss. Nr - - • -r- +7 p,, ri .y nil ,., v-- 0 ,,, . .... 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