HomeMy WebLinkAbout20101513.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING BCV #1000071 AGAINST TRAVIS BELL
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, Travis Bell, BCV #1000071, 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 13th day of July, 2010, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, at the request of Planning staff, 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#1000071 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 13th day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COU Y, COLORADO
ATTEST: • '
f - gl-. Radem- her, Chair
Weld County Clerk to the BoJ16
' -" '
i •USED ara Kirkmeyer, Pro-Tem AtniDept Clerk othe Board
4arcia
way
my tt rney EXCUSED
David E. Long
Date of signature:
CC PL , UIC1 .
3P� 2010-1513
PL0824
1"ti Planning Department
BUILDING VIOLATION CASE SUMMARY
hiDe
Violation Number: BCV10-00071 Compliance Officer: Peggy Gregory
PRIMARY OWNER: Situs Address: 1791 CR 36
BELL TRAVIS
Mailing Address: 1791 COUNTY RD 36
BERTHOUD, CO 80513
Phone: 801-309-5299
SECONDARY OWNER:
Mailing Address:
Phone:
VIOLATION CONTACTS:
PARCEL:
120705000010-R4714686 Acreage: 103.8
Legal Description: 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W OF FLUME LAT
DITCH (22A)ALSO EXC S& E OF MEAD LAT(12RES2R2D)
LOCATION:
Location : North of CR 36,West of CR 5
North : Agricultural properties
South : Agricultural properties
East : Agricultural properties
West : Agricultural properties
NOTIFICATION INFORMATION:
Certified Date : 06/29/2010
Certified Reference Number : 7003 1010 0002 8989 3904
USPS Date
Posted Date .•
VIOLATION DESCRIPTION:
VIOLATION REMEDY:
Remedy 1 :
Permit applications and all applicable documentation shall be submitted for the remodel and change of use of
three outbuildings,fees paid,the permits issued,and all inspections completed.
Remedy 2 :
Remedy 3 :
Report ID: CODE00027v002 Page 1 of 2
Print Date-Time: 7/7/2010 10:25:53AM
2010-1513
4-043.41Planning Department
Wi`Pc BUILDING VIOLATION CASE SUMMARY
COLORADO
RECOMMENDATION:
Staff recommends this case be referred to the County Attorney for immediate action as the
owner was issued a Stop Work Order but has not submitted the required permits.
WORKFLOW SUMMARY:
Case Initiation 06/17/2010 Initiated
Violation 06/17/2010 Violation Notice Letter
Violation 06/29/2010 Hearing Notification
OTHER CASE HISTORY:
06/18/2010 Other Application for Nonconforming Use submitted to the Planning
Department.
INSPECTION SUMMARY:
•
Report ID: CODE00027v002 Page 2 of 2
Print Date-Time: 7/7/2010 10:25:53AM
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
P4*$(ftsi (17.441.4 918 Tenth Street
Gr
eeley, Colorado
80631
WEBSITE: www.co.weld.co.us
E-MAIL: pgregory@co.weld.co.us
PHOC 970-3046498N100 x3568
FAX:
COLORADO
June 29, 2010
Bell Travis
1791 County Rd 36
Berthoud, Co 80513
Building Violation Case: BCV10-00071
Legal Description: 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W
OF FLUME LAT DITCH (22A)ALSO EXC S & E OF MEAD LAT(12RES2R2D)
Situs Address: 1791 Cr 36
Dear Bell Travis:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
07/13/2010 at 10:00 AM .
The above mentioned property remains in violation of the following Section(s)of the Weld County Code:
29-3-10 "Building permit required."
No building or structure regulated by this Building Code shall be erected, constructed,
enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a
separate building permit for each building or structure has been first obtained from the
Building Inspection Department. (Before any demolition permits are issued, approval must
be given by the Department of Public Health and Environment.)
29-3-40. "Additions, alterations or repairs."
A.Additions, alterations or repairs may be made to any building or structure without
requiring the existing building or structure to comply with all the requirements of this
Chapter, provided that the addition, alteration or repair conforms to that required for a new
building or structure.
B.Additions or alterations shall not be made to an existing building or structure which will
cause the existing building or structure to be in violation of any of the provisions of this
Building Code, and such additions or alterations shall not cause the existing building or
structure to become unsafe.An unsafe condition shall be deemed to have been created if an
addition or alteration will cause the existing building or structure to become structurally
unsafe or overloaded, will not provide adequate egress in compliance with the provisions of
this Building Code,will obstruct existing exits, will create a fire hazard, will reduce required
fire resistance or will otherwise create conditions dangerous to human life.Any building so
altered,which involves a change in use or occupancy, shall not exceed the height, number
of stories and area permitted for new buildings. Any building plus new additions shall not
exceed the height, number of stories and area specified for new buildings.
C.Additions or alterations shall not be made to an existing building or structure when such
existing building or structure is not in full compliance with the provisions of this Building
Code, except when such addition or alteration will result in the existing building or structure
Page 1 of 2
Report O: CODE000028v001 Print Date-Time: 6/29/2010 9:31:33AM
DEPARTMENT OF PLANNING SERVICES
�} Building Compliance Division
rat
. e Tenth Street
Gr
eeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: Pgregory@co.weld.co.us
PHOFAX::N970 304-6498100 x3568
COLORADO
being no more hazardous based on life safety, fire safety and sanitation,than before such
additions or alterations are undertaken.
D.Alterations or repairs to an existing building or structure that are nonstructural and do not
adversely affect any structural member or any part of the building or structure having required
fire resistance may be made with the same materials of which the building or structure is
constructed.The installation or replacement of glass and electrical devices shall be as
required for new installations.
29-3-320 "Change in use."
Changes in the character or use of a building shall not be made except as specified in
Chapter 34 of the IBC or Appendix J of the IRC.
To bring your property into compliance with the Weld County Code:
Permit applications and all applicable documentation shall be submitted for the remodel
and change of use of three outbuildings,fees paid,the permits issued, and all inspections
completed.
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 your 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 Weld County Building Department 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 your 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 Servicem,
sin73 o CERTIFIED MAILT,,, RECEIPT
Er" (Domestic Mad Only;No Insurance Coverage Provided)
F r elivery mf rmati n wst ur we•site at www.us s c ma
cr
vyly/Oy �((/,�islu(/fcr
Peggy Gregory Postage $
Building Compliance Officer p certified Fee File: BCV10-00071 O Postmark
p Return Fee Here
(Endorsement Required)
odoRestrs edm Delivery Fee
a (Endorsement Required)
Total Postage&Fees $
m
Page 2 of 2 O Sent To
Travis Bell
I"'" Street,Apt.No.;
Report ID: CODE00002Bv001
or PO Box No. 1791 CR 36
City,State.Z/P+4
Berthoud CO 80513
PS Form 3800',June 2002 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION C.M•LETE THIS SECTI•N •N•ELlve-Y
• Complete items 1,2,and 3.Also complete A. Signatu:
item 4 If Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse X�. El Addressee
so that we can return the card to you. 8. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece, �w�5 -�6
or on the front if space permits. /o`
D. Is delivery address different from item 1? ❑yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
TRAVIS BELL
1791 CR 36
BERTHOUD CO 80513
3. Service Type
Ibl Certified Mail O Express Mail
O Registered O Return Receipt for Merchandise
O Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7003 1010 0002 8989 3904
(Transfer from service label,
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division.17,7 (to1555 North 17th 8065
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
1. E-MAIL: pgregory@co.weld.co.us
FAX:PHONE:970 304 6498100 x3568
COLORADO
June 17, 2010
Bell Travis
1791 County Rd 36
Berthoud, Co 80513
Building Violation Case: BCV10-00071
Legal Description: 25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W
OF FLUME LAT DITCH (22A)ALSO EXC S &E OF MEAD LAT(12RES2R2D)
Situs Address: 1791 CR 36
Dear Bell Travis:
It has been determined that the above noted property is currently in violation of the following Section of
the Weld County Code:
29-3-10 "Building permit required."
No building or structure regulated by this Building Code shall be erected, constructed,
enlarged,altered, repaired, moved, improved, removed, converted or demolished unless a
separate building permit for each building or structure has been first obtained from the
Building Inspection Department. (Before any demolition permits are issued, approval must
be given by the Department of Public Health and Environment.)
29-3-40. "Additions, alterations or repairs."
A.Additions, alterations or repairs may be made to any building or structure without
requiring the existing building or structure to comply with all the requirements of this
Chapter, provided that the addition, alteration or repair conforms to that required for a new
building or structure.
B.Additions or alterations shall not be made to an existing building or structure which will
cause the existing building or structure to be in violation of any of the provisions of this
Building Code, and such additions or alterations shall not cause the existing building or
structure to become unsafe.An unsafe condition shall be deemed to have been created if an
addition or alteration will cause the existing building or structure to become structurally
unsafe or overloaded,will not provide adequate egress in compliance with the provisions of
this Building Code,will obstruct existing exits, will create a fire hazard,will reduce required
fire resistance or will otherwise create conditions dangerous to human life.Any building so
altered,which involves a change in use or occupancy, shall not exceed the height, number
of stories and area permitted for new buildings.Any building plus new additions shall not
exceed the height, number of stories and area specified for new buildings.
C.Additions or alterations shall not be made to an existing building or structure when such
Page 1 of 2
Report ID: CODE0000ev003 Print Date-Time: 6/17/2010 2:00:31PM
DEPARTMENT OF PLANNING SERVICES
(it t'z. Building Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: pgregory@co.weld.co.us
ig
CPHA : 970 304 649810D x3568
COLORADO
existing building or structure is not in full compliance with the provisions of this Building
Code, except when such addition or alteration will result in the existing building or structure
being no more hazardous based on life safety, fire safety and sanitation, than before such
additions or alterations are undertaken.
D.Alterations or repairs to an existing building or structure that are nonstructural and do not
adversely affect any structural member or any part of the building or structure having required
fire resistance may be made with the same materials of which the building or structure is
constructed.The installation or replacement of glass and electrical devices shall be as
required for new installations.
29-3-320 "Change in use."
Changes in the character or use of a building shall not be made except as specified in
Chapter 34 of the IBC or Appendix J of the IRC.
To bring your property into compliance with the Weld County Code:
Permit applications and all applicable documentation shall be submitted for the remodel
and change of use of three outbuildings, fees paid, the permits issued, and all inspections
completed.
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
06/28/2010
to correct this building 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.
(42,
ft', Arty
Peggy Gregory
Building Compliance Officer
File: BCV10-00071
Page 2 of 2
Report ID: CODE00008v003 Print Date-Time: 6/17/2010 2:00:31PM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
1555 N 17th Ave Greeley CO 80631
Phone (970)353-6100 x3540 Fax (970)304-6498
NONCONFORMING USE INFORMATION QUESTIONNAIRE
IMPORTANT - Complete all items on both pages. Mark boxes where applicable.
OWNER -trLA / �/lam =Fr i'/ »ana / Si nll S�LC
ADDRESS 79( i KOae /_?6
CITY, STATE ZIP CODE j�roilL V '5 /.j
LEGAL DESCRIPTIONPT )f Section C , Township 3 N, Range ,ice W
Total Acreage of property / Total Acreage of proposed NCU /O 7, ¶S6 Q Cv 5
PARCEL IDENTIFICATION NUMBER / z 0 7 - 0 - G - co - C, (O
5
Specifically (explain): /,,, r�, w (O,;��(f,ct2 //i�`r'/✓�c_�� � odt
ii' t-• ti 3 'brn ���.� ) eu•o,✓ ✓e�l,�c�C� �A/ �l5Gtc�'1'Z25"&77 7%1 e x/2)-7,r1C'
/x5e /5 K90ti'? COnce: vhrw�) , O,.inel/egh� ac'(' cc5inq fhe Ice '47 -S et
f ro V t y J Fn✓�,—�ic fn C 1 (a el OF
ilc -O I he 6,7 dl'f 65/efr, d<ta '�,y/�✓c'Ofit e5 I-C Cr"r 5 LG
74
Date Nonconforming Use Began?
,//z /o9�"
List the attached documentation substantiating the Nonconforming Use:
c fy-ic A I(5 , ,,�� v"-4'y
How many employees, animals, items, etc.?
/ EWi4"*C`5
How long have you had this many employees, animals, items, etc.?
3 nce J���y Err
(Attach tax records, time cards, yet bills, sales receipts, ay/stubs with dates, etc.)
/1 rrkeC , Zo /2E SG,%0/e/u/e^red
The follo'4ing conditions must be met prior/tt determining a Use as being considered a Nonconforming
Use. I, the undersigned, understand and agree to the following conditions of this Nonconforming Use as
stated in the Weld County Code, Chapter 23, Article VII(7), Section 23-7-30:
PLEASE READ AND INITIAL EACH ITEM:
Extension or Expansion
I verify that the nonconforming use has not been nor shall be enlarged, increased, or extended to
occupy a greater area of land without first having received a Use by Special Review permit
pursuant to the procedure established in Article II, Division 4 of this Chapter. (23-7-30.A.1 -Weld
County Code)
Updated 02-01-10
I verify that the nonconforming use has not been nor shall be extended or enlarged by erection of
additional signs intended to be seen from off the premises, or by the addition of other uses which would
be prohibited in the zoning district involved.
I verify that the nonconforming use has not been nor shall be moved in whole or in part to any portion of
the lot or parcel other than that occupied by such use at the effective date of this nonconforming use
Substitution of USES
I understand that a nonconforming use may, as a Use by Special Review be changed to another use
which does not conform to the uses allowed in the zoning district, provided that the Board of County
Commissioners shall find that the proposed use is equally appropriate or more appropriate to the
zoning district and neighborhood than the existing nonconforming use. In permitting such change,the
Board of County Commissioners may require appropriate conditions and safeguards in accordance
with the provisions of this Chapter.
I understand that whenever a nonconforming use is replaced by a permitted use the
nonconforming use may not be reestablished.
Abandonment
I understand that if any such nonconforming use of land ceases for any reason for a period of more
than six months, any subsequent use of such lot or parcel shall conform to the regulations specified
by this Chapter for the zoning district in which such lot or parcel is located.
Print Name: //S /f /V
Property Address: � ' if"
/r5/ ow _�'
Mailing Address: �� '
Cif Stat Zip Code
Signature.
Date: /1--1O
( tin
SUBSCRIBED AND SWORN to before me this the 1 day of )L f� 204
WITNESS my hand and official seal.
My Commission Expires. .(41
•
• ' Notary Public
PUBOC
grFOF CO\P-
( </ f7)
/54.
frl
\\ �\
I �I \
Identify Results Page 1 of 4
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4714686 Parcel#: 120705000010
Tax Area: 2314 Bordering County:
Acres: 87
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
03 - 68- 05 -0 - -
Owners Name&Addrs Property Address:
BELL TRAVIS Street: 1791 36 CR
1791 CR 36 City: WELD
BERTHOUD, CO 80513
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
12/14/2005 $1,560,000 WD 3350134
Legal Description
25469 THAT PT SE4 5 3 68 N OF CO RD EXC 6.5A RES ALSO EXC PT SE4 W OF FLUME LAT DITCH (22A) ALSO EXC S& E OF
MEAD LAT (12RES2R2D)
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4147 Acres 19
Agricultural 4117 Acres 68
Land Subtotal: 87 $35,462 $10,290
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
3 Out Building
4 Out Building
5 Out Building
6 Out Building
Improvements Subtotal: $354,874 $28,250
Total Property Value $390,336 $38,540
Building Details
Account#: R4714686 Parcel#: 120705000010
Owners Name&Address: Property Address:
BELL TRAVIS Street: 1791 36 CR
1791 CR 36 City: WELD
BERTHOUD, CO 80513
Building* Property Type
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12070... 6/17/2010
Identify Results Page 2 of 4
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1994
Exterior: Frame Masonry Veneer HVAC: Hot Water Baseboard
Interior Finish: Drywall Built As SQ Ft: 2607
# of Baths: 3 Roof Type:
# of Bdrms: 2 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 6 Units: 0
Garage:
Attached SQ Ft: 702 Detached SQ Ft: 0
Basement:
Total SQ Ft: 0 Finished SQ Ft: 0
Account#: R4714686 Parcel#: 120705000010
Owners Name &Address: Property Address:
BELL TRAVIS Street: 1791 36 CR
1791 CR 36 City: WELD
BERTHOUD, CO 80513
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1969
Exterior: Pole Frame Metal Siding HVAC: None
Interior Finish: Built As SQ Ft: 2132
# of Baths: 0 Roof Type:
# 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:
Account#: R4714686 Parcel#: 120705000010
Owners Name&Address: Property Address:
BELL TRAVIS Street: 1791 36 CR
1791 CR 36 City: WELD
BERTHOUD, CO 80513
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Cattle Year Built: 1980
Exterior: Pole Frame Metal Siding HVAC: None
Interior Finish: Built As SQ Ft: 1920
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
http://maps2.merrick.com/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=12070... 6/17/2010
Identify Results Page 3 of 4
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R4714686 Parcel#: 120705000010
Owners Name &Address: Property Address:
BELL TRAVIS Street: 1791 36 CR
1791 CR 36 City: WELD
BERTHOUD, CO 80513
Building# Property Type
4 Out Building
Individual Built As Detail
Built As: Grain Bin Year Built: 1971
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
Gee:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R4714686 Parcel#: 120705000010
Owners Name &Address: Propert_y_Address:
BELL TRAVIS Street: 1791 36 CR
1791 CR 36 City: WELD
BERTHOUD, CO 80513
Building# Property Type
5 Out Building
Individual Built As Detail
Built As: Grain Bin Year Built: 1971
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
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R4714686 Parcel#: 120705000010
Owners Name &Address: Property Address:
BELL TRAVIS Street: 1791 36 CR
1791 CR 36 City: WELD
BERTHOUD, CO 80513
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12070... 6/17/2010
Identify Results Page 4 of 4
Building# Property Type
6 Out Building
Individual Built As Detail
Built As: Shed - Hay Year Built: 1994
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 4224
# of Baths: 0 Roof Type:
# 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/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12070... 6/17/2010
•
134 1111111 Hill 1111111111111111 Hill Nil III 1111111111111
1360134 121200 0 02:09F Weld or County,CO
Clerk dt 4 R 21.00 D 156.00 Steve Moreno &Recorder
WHEN RECORDED RETURN TO:
Travis Bell
1586 E.Millbrook Way SDF$156.00
Bountiful, UT 84010
WARRANTY DEED
THIS DEED,dated December 14,2005, between
James E.Baumann
of the County of Weld and State of Colorado,grantor(s), and
Travis Bell,
whose legal address is 1586 E. Millbrook Way, Bountiful, UT 84010, of the County of Weld and State of Colorado,
grantee(s): /S7 55 ff11l!11 gg11 yy
WITNESS,that the grantor(s), for ariSdibi Lr§r rdla2Tibn of the sum of'jyip(Million Five HundrefrThousand and
00/100 Dollars ($,,,4Or0 0�,�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(s), 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 ATTACHED EXHIBIT"A" The Value for the Real Estate is $1,560,000.00)
also known by street and number as: 1791 Weld County Road 36,Berthoud,CO 80513
TOGETHER with all and singular the hereditaments and appurtenances [hereunto 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(s), 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(s), his 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), his heirs and assigns, that of 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
whatsoever, exceot
"Subject to all easements and rights-of-way of whatever character of
record or now existing on said premises,Including,but not limited to,
those for ditches, canals, pipelines, reservoirs, railroads, roads,
telephone lines, utilities, power lines, or any other purpose, and all
mineral, oil, gas and coal reservations, leases, and assignments of
record, and subject to 2005 taxes payable In 2006 and subsequent
years."
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the grantee(s), 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.
L6p rl+—si
James E. Baumann
STATE OF COLORADO
)SS
COUNTY OF WELD
The foregoing instrument was acknowledged before me on ember 14,2005,py.1 e E. Baumann.
Witness my hand and official seal.
My Commission Expires: Notary Public
UA;;ELLA L.
BL0CH '
��oQc 3
Exhibit'A"
The SEV4 of Section 5,Township 3 North, Range 68 West of the 6th P.M.,County of Weld, State of
Colorado.
EXCEPTING THEREFROM that portion of said SEV4,conveyed by Quit Claim Deed recorded August 29,
1905 in Book 212 at Page 218.
ALSO EXCEPTING THEREFROM that portion of said SE'/4 lying West of the Flume Lateral Ditch as
conveyed by Warranty Deed recorded February 17, 1906 in Book 235 at Page 437,
ALSO EXCEPTING THEREFROM that portion of said SE'/4 conveyed by Warranty Deed recorded August 30,
1912 in Book 365 at Page 231.
ALSO EXCEPTING THEREFROM 1.917 acres as described on attached Exhibit"B"
w TOGETHER WITH 60 Units of the waters from the Northern Colorado Water Conservancy District.
1$TOGETHER WITH Two(2)shares of the capital stock of The Highland Ditch Company.
TOGETHER WITH Eight(8)shares of the capital stock of The Highland Lake Lateral Ditch Co.
TOGETHER WITH Baumann's Pond as adjudicated in Case No. 98cw422.
111111 11111111111111111111111111111111 I I I I I I I I I I I I III I
3350134 12/27/2005 02:59P Weld County, CO
2 of 4 R 21.00 0 156.00 Steve Moreno Clerk&Recorder
File No.TNGR0000830
DOC-WD Indv to Indv
111111111111 I I I I 11111111111111111111111 I I 1111111111 I I I I
3350134 12/27/2005 02:59P Weld County, CO
3 of 4 R 21.00 D 156.00 Steve Moreno Clerk& Recorder
drexel
/,/\
ivilArts - group ENGINEERING
-PLANNING
-SURVEYING
EXHIBIT"B"
Thence N00°52'23"E, 194.33 feet along the Easterly Line of said Parcel B to a angle point thereof;
Thence Northwesterly, 119.78 feet along the arc of a curve concave to the West to a point of reverse
curve to the right, said arc having a radius of 375.00 feet, a central angle of 18°18'04", and being
subtended by a chord that bears N14°28'35"W, 119.27 feet;
Thence Northerly, 53.03 feet along the arc of said curve to a point of compound curve to the right, said
arc having a radius of 50.00 feet, a central angle of 60°46'15", and being subtended by a chord that
bears N06°45'31"E, 50.58 feet;
Thence Northeasterly, 208.32 feet along the arc of said curve to a point of compound curve to the right,
said arc having a radius of 1113.86 feet, a central angle of 10°42'56", and being subtended by a chord
that bears N42°30'07"E, 208.01 feet;
Thence Northeasterly, 34.63 feet along the arc of said curve to a point of compound curve to the right,
said arc having a radius of 100.00 feet, a central angle of 19°50'35", and being subtended by a chord
that bears N57°46'52"E, 34.46 feet;
Thence Easterly, 238.53 feet along the arc of said curve to a point of compound curve to the right, said
arc having a radius of 240.00 feet, a central angle of 40°11'44", and being subtended by a chord that
bears N87°48'02"E, 233.66 feet;
Thence Southeasterly, 23.76 feet along the arc of said curve to a point tangent, said arc having a radius
of 30.00 feet, a central angle of 45°22'40", and being subtended by a chord that bears S49°24'46"E,
23.14 feet;
Thence S26°43'26"E, 30.81 feet to a point of curve to the left;
Thence Southeasterly, 48.85 feet along the arc of said curve to the TRUE POINT OF BEGINNING, said
arc having a radius of 35.00 feet, a central angle of 79°57'50", and being subtended by a chord that
bears $66°42'22"E, 44.98 feet.
SUBJECT TO rights-of-way for county roads and ditches.
Area = 1.917 acres, more or less.
r
NOTICE: According to Colorado law you must Frank N. D;e el'
commence any legal action based upon any defect Colorado P_rcget;sirm a1 tend
in this survey within three years after you first Surveyor 1424 b o
discovered such defect. In no event, may any 1860 Leftharia Cir#A, Longnitat CO 80501
action based upon any defect in this survey be °r
commenced more than ten years from the date of -
Sr
the certification shown hereon_ Date. `�.'. rkO
.,ro-qulrr,„_
File:LGL-111905.DOC Project:525-1
Page 2
iS
S co
ILI
EXHIBIT "B"
—p
NUM C3 0
Si 2 BAUMANN �'
� ° PARCEL EXHIBIT MAP
end u) •
ma m o SCALE: 1-=120'
N p DATE: 11-19-05
im=0o ea DWG: 5251-E.DWG
SWl/4, SE?/4
SIB gog
s SEC. 5
a N
a CC CEPROXIMATE
CENTERLINE OF MEAD
�c�• •a LATERAL DITCH BEFORE
RELOCATION IN 1959.
o
a L-238.53' L-132.22'
4-340.00' L-23.76' R-°26.00'
0.401oH' 422'40' D-1423,8
L-34.63' a-N8T43'3.86 04n4'46 a-4°0.311. w
fl-"50.35' 273.0°' CH-549223.14' 1]161
D-1°'50.35• 2314'
CH-N5T48'SYE ..
34.46'
L124.40'
j > R-52500•
!, L-208.32' 0-1S34b5• ;t\` .✓ _ ...
•R-1113.65' •
04.568.31.28'19 i, ,
2e1r/ "2-
0=10'42'56-
"4 ."' $8744'29"W
CN—N42'30'OTE MEAD DITCH . a -
• `
G •�� , zo6.0? PARCFI 65.37
2 kF AREA=1.917
aL,7 ACRES # �.. TCN 7 UE POINT
N� % 1'v �RPL��� \FCINNINO
.v o t ‘10:0;40
55 N�"L?, n L53.03' ,c�t 3y' • or l2°" ,
'� 1 D-e0'4c't5• N` Ls46.6S' L=256.62
I CH-NO8'45'31'E /Cy,,f' 0-9'5750' R=525.00'
50.58' - ' CH=56642'22"E D=28'00'21"
4.b,�/ L=285.9144'9° CH=573'44'19"w
L=119.78' { ,( ,i
R-7J5�.I _ `j R-1398.32' 254.07'
D-1810'04• /' J' 0=11'One
CH-31420.35'19 ® . CH-553'52'41"W
UNPLA TIED
285.41' ,6
E. LINE PARCEL B 124q C+� 17)
_ MICHAEL A. LITZENBERGER &
BK. 1297, / 1 ,y/ 937'34'2911W KATHRYN M. UTZENBERGER
REC. 2248203 71 05' DECREE IN QUIET TITLE ACTION
(195.33'-DEED) BK. 1526, REC. 2471334
NO0'52'23"E
194.33' r' %'�
L=221• .31'
R-3zs.00' SW COR. set/4.
/ D=39•00'55" SE1/4, SEC. 5
CH-S18•04'02"W NOT FOUND OR SET.
217.06'
589'56'51"E _711.95'
/ S. LINE SE1/4, SEC. 5 w,
ti0J1
THIS EXHIBIT MAP IS INTENDED ONLY AS
AN AID TO FOLLOW THE ATTACHED LEGAL
DESCRIPTION AND DOES NOT REPRESENT
A LAND SURVEY PLAT OR IMPROVEMENT (lreXel
SURVEY PLAT ACCORDING TO COLORADO CivilArts-group
STATUTES.
Enpmmlry•0440.00•Su..ryq
(0601wo",q Circle,SulaA•Longmont Cakndo 80501 •(303)582.1131
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