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Home My WebLink About20091320.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MICHAEL AND SUSAN MURPHREE 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, Michael and Susan Murphree, BCV #0900054, 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 16th day of June, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Michael Murphree, property owner, 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 July 16, 2009, to allow adequate time for the property owners to submit a new Building Permit to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #0900054 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Michael and Susan Murphree 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 July 16, 2009, to allow adequate time for the property owners to submit a new Building Permit to bring the subject property into compliance. 2009-1320 PL0824 0 % : i-1L 1,'l e' c_. VIOLATIONS - BCV #0900054 - MICHAEL AND SUSAN MURPHREE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D., 2009. BOARD OF COUJ'ITY COMMISSIONERS ATTEST: �u! Weld County Clerk to the Board BY APP -7ex4,311/2 917° Deputy erk to the Board y Attorney Date of signature. %4s/0 % WE D COUNT t COLORADO e,an P. Conway Cl.(_6c_ Barbara Kirkmeyer, 2009-1320 PL0824 Violation Summary Report BASIC INFORMATION MURPHREE MICHAEL A & Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 49585 CR 19 NUNN, CO 80648 Peggy Gregory BCV09-00054 49585 CR 19 PT NE4 28-9-67 LOT A REC EXEMPT RE -3749 (.41R) SITUS: 49585 19 CR WELD 806480000 Location North South East West West of and adjacent to County Road 19, 1/2 mile north of County Road 100 Agricultural properties Agricultural properties Agricultural properties Agricultural properties Parcel Number: 045328100019-R2980204 Acreage: 9.99 Certified Mail Date: 05/27/2009 Currently the property is in violation of: 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.) 29-8-40 "Expiration of permit." A. Every permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. B. Exceptions. When a permit is issued, the Building Official may approve an expiration date exceeding the utilization period. The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. C. If the building or work authorized by a building permit has not received final inspection by the permit expiration date, all work shall stop until a new permit is issued. (Weld County Code Ordinance 2006-3) REMEDY A permit application and all applicable documentation shall be submitted for the detached garage, fees paid, the permit issued, and all inspections completed. RECOMMENDATION Staff recommends this case be referred to the County Attorney for immediate action as the first permit was issued in 2003 and all inspections have not been completed. LETTER HISTORY 05/01/2009 Complaint Validated 05/01/2009 LTTR: Violation Notice 05/27/2009 LTTR: Hearing Notification OTHER CASE HISTORY 06/02/2009 Other 2009-1320 Permit number BCN-030478 for a detached garage Violation Summary Report 06/02/2009 Other 06/02/2009 Other 06/02/2009 Other 06/02/2009 Other 06/02/2009 Other 06/02/2009 Other 06/02/2009 Other 06/02/2009 Other 06/02/2009 Other 06/02/2009 Other issued. Letter to remind of expiration date. 10 -day letter Letter to remind of 11/12/06 expiration date. Letter to remind of 05/07/09 expiration date. 10 -day letter No inspections for more than 180 days, permit expired. Permit number BCR08-00609 issued. Letter to remind permit will expire on October 16, 2008. 180 -day extension granted. 10 -day letter advising extension has expired. isettA W��YC May 27, 2009 MURPHREE MICHAEL A & 49585 CR 19 NUNN, CO 80648 WELD COL 'Y PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3568 FAX: 970-304-6498 E -Mail: pgregory@co.weid.co.us Case: BCV09-00054 Legal Description: PT NE4 28-9-67 LOT A REC EXEMPT RE -3749 (.41R) SITUS: 49585 19 CR WELD 806480000 Dear: MURPHREE MICHAEL A & The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/16/2009 10:00 AM to consider the violations. The property is 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.) 29-8-40 "Expiration of permit." A. Every permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. B. Exceptions. When a permit is issued, the Building Official may approve an expiration date exceeding the utilization period. The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. C. If the building or work authorized by a building permit has not received final inspection by the permit expiration date, all work shall stop until a new permit is issued. (Weld County Code Ordinance 2006-3) To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the detached garage, fees paid, the permit issued, and all inspections completed. This meeting will take place at 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 that 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 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 Win �C COLORADO Sincerely, �q rn 04An 0a ru Peggy Gregory Building Compliance Officer pc: BCV09-00054 m uR m N O C O O 0- r8 r- 0 O n - WELD COL.. rY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3568 FAX: 970-304-6498 E -Mail: pgregory@co.weld.co.us U.S. Postal ServiceTM CERTIFIED MAIL RECEIPT (Domestic MailOnly; No insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Michael A & Susan Murphree Postmark Here Street, Apt No., or PO Box No. 49585 CR 19 City, State. ZIP+4 Nunn CO 80648 PS Form 3800, August 2006 See Reverse for Instructionsji Page 2 of 2 11111D C. COLORADO May 1, 2009 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO80631 Website: www.co.weld.co.us E-mail Address: pgregorvraco.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE MICHAEL A and SUSAN MURPHREE 49585 CR 19 NUNN CO 80648 Subject: BCV09-00054-, Part of the NE4 of Section 28, T9N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Murphree: Permit number BCR08-00609 has now expired and the property located at 49585 County Road 19 is currently in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-840 "Expiration of permit." To bring the property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the detached garage, fees paid, the permit issued, and all inspections completed. 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 do not correct this violation within 14 (fourteen) days from May 1, 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. 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. ely, Peggy Gregory Building Compliance Officer pc: BCV09-00054 BCR08-00609 COLORADO DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 April 15, 2009 MICHAEL A and SUSAN MURPHREE 49585 CR 19 NUNN CO 80648 Subject: Permit # BCR08-00609 — Part of the NE4 of Section 28, T9N, R67W of the 6`h P.M., Weld County, Colorado Dear Mr. and Mrs. Murphree: On November 7, 2008, you were granted an extension on the above noted permit for a detached garage at 49585 County Road 19. According to our records, that extension has expired and there are inspections remaining to be completed. Failure to complete all inspections within 10 days from the date of this letter will result in expiration of the permit, a violation notice, and is subject to go before the Board of County Commissioners with written notice. You may call our 24 -hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. rrely, :llQl)tL X![On Peggy Gregory Building Compliance pc: BCR08-00609 SERVICE, TEAMWORK, INTEGRITY, QUALITY Peggy Gregory 4-/4-09 From: Sent: To: Subject: Hello, Mike Murphree [mike.murphree@integware.com] Wednesday, November 05, 2008 8:50 AM Peggy Gregory RE: Extension request - 49585 WCR - Detached Garage I am requesting an extension for my detached garage. The only inspection left is the final. Thank you, Mike Murphree Senior Consultant Integware, Inc. 1612 Specht Point Dr. Suite 101 Fort Collins, CO 80525 Tel: (970) 282-0400 x357 Fax: (970) 282-0500 Toll: (877) 464-1062 Email: mike.murphree@integware.com www.integware.com Insight Innovation Integrity September 17, 2008 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley,. CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 MICHAEL A and SUSAN MURPHREE 49585 CR 19 NUNN CO 80648 Subject: Permit # BCR08-00609 — Part of the NE4 of Section 28, T9N, R67W of the 6`h P.M., Weld County, Colorado Dear Mr. and Mrs. Murphree: This letter is to remind you that a permit to complete inspections on the detached garage at 49585 County Road 19 was issued on July 18, 2008. According to our records, this permit will expire on October 16, 2008, and the required inspections have not been completed. Article VIII, Section 29-8-40 of the Weld County Code states that: Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. If the building or work authorized by a Building Permit has not received final inspection by the permit expiration date, all work shall stop until a new permit is issued. Article VIII, Section 29-8-45 states: A. The Building permit holder may submit a request for an extension of time before the expiration of the utilization period. The Building Official may extend the Building Permit one time, for a period not to exceed 180 calendar days. Such request shall include name, address, telephone number, the building permit number, site address and a description of specific circumstances which prevented completion of the work prior to the expiration date. A $42.00 fee shall be charged if a building permit extension is granted. B. If the Building Permit expires before a request is submitted for an extension, an extension shall not be granted. To proceed with the same project the following process shall be required: 1. A new permit must be obtained. 2. The full permit fee must be paid along with any other applicable fees. 3. The applicant must comply with all applicable codes and regulations in effect at the time the new permit application is submitted. SERVICE. TEAMWORK. INTEGRITY. QUALITY page two An expired permit will result in a violation being issued and will remain open until a new permit is issued and is subject to go before the Board of County Commissioners with written notice. You may call our 24 -hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Peggy Gregory Building Compliance Officer pc: BCR08-00609 SERVICE. TEAMWORK. INTEGRITY. QUALM \' 0 WI`Dc. COLORADO Building permit no. Is being issued on DEPAr MENT OF BUILDING INSPECTION NORTH OFFICE 918 10 STREET GREELEY, COLORADO 80631 (97O) 353-6100, ext.3540 FAX (970) 304-6498 SOUTH OFFICE 4209 CR 24.5 LONGMONT, COLORADO 80504 (720)652-4210, ext.8730 FAX (720)652-4211 BUILDING PERMIT EXPIRATION In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: If the building or work authorized by a Building Permit has not received final inspection by the permit expiration date, all work shall stop until a new permit is issued. A letter will be mailed to the property owner prior to the date the permit is to expire. Signed: Date: Relationship to Property Owner: Respectfully, Roger Vigil Chief Building Official Office Tech Date: cc: Building Permit File DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregorvto@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE June 6, 2008 MICHAEL A and SUSAN MURPHREE 49585 CR 19 NUNN CO 80648 Subject: BCV08-01116, Part of the NE4 of Section 28, T9N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Murphree: It has been determined that the property located at 49585 County Road 19 is currently in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-8-40 "Expiration of permit." To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the detached garage, fees paid, the permit issued, and all inspections completed. 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 30 (thirty) days from June 10, 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. 1 Peggy Gregory Building Compliance Officer pc: BCN-030478 BCV07-01116 5029 of IliDe COLORADO March 7, 2008 MICHAEL A and SUSAN MURPHREE 49585 CR 19 NUNN CO 80648 DEPARTMENT OF PLANNING SERVICES Building Corn pliance Division 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 Subject: BCN-030478-, Part of the NE4 of Section 28, T9N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Murphree: On June 5, 2006, the Weld County Commissioners voted to change Section 29-8-40 of the Weld County Building Regulations. The new version of that section states that permits are given a utilization period based on the valuation and will expire on a specific date unless an extension is requested and approved prior to that date. Your permit was issued prior to June 5, 2006, when the code allowed for an automatic 180 -day extension upon completion of an inspection and documented progress. It has been the County's practice to notify you 30 days prior to each expiration date to advise you the permit will expire unless an inspection is completed. We are no longer going to be sending these courtesy notification letters. From this point forward, it will be your responsibility to know when your permit expires and failure to complete inspections by that date will result in expiration of the permit and a violation initiated. At that time, it will be necessary to submit a new application and all applicable documentation for a new permit plus all fees per the current code will be assessed which could include road impact fees, capital expansion fees, and storm water fees. Please take note of your new expiration date so your permit does not expire. Should you have any questions, please feel free to contact me at the above address, telephone number, or e- mail address. Sincerely, Peggy Gregory Building Compliance Officer pc: BCN-030478 BCV07-01116 WIIDG COLORADO December 7, 2007 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregorvla'�.co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE MICHAEL A and SUSAN MURPHREE 49585 CR 19 NUNN CO 80648 Subject: BCV07-01116, Part of the NE4 of Section 28, T9N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Murphree: It has been determined that the property located at 49585 County Road 19 is currently in violation of the following Section of the Weld County Code: Section 29-8.40 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All inspections shall be completed and the permit for the detached garage shall have final approval. 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 30 (thirty) days from June 10, 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. Any information you have that may help to resolve this matter will be helpful. 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. art Peggy Gfego> y Building Compliance Officer pc: BCN-030478 BCV07-01116 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2980204 Parcel#: 045328100019 Tax Area: 0915 Bordering County: Acres: 9.57 Township Range Section Quart. Sec. Subdivison Name Block# lot# 09 - 67 - 28 - 1 - - Owners Name & Address: MURPHREE MICHAEL A & 49585 CR 19 NUNN, CO 80648 Additional Owners: MURPHREE SUSAN H Business/Complex: Sale Date Sale Price $0 Property Address: Street: 49585 19 CR City: WELD Sales Summary Deed Type Legal Description Reception # PT NE4 28-9-67 LOT A REC EXEMPT RE -3749 (.41R) SITUS: 49585 19 CR WELD 806480000 Land Type Agricultural Land Subtotal: Abst Code 4127 Bldg# Property Type 1 2 3 Residential Residential Out Building Improvements Subtotal: Total Property Value Land Valuation Summary Unit of Number of Measure Acres Units 9.57 9.57 Buildings Valuation Summary Actual Value $409 Actual Value Assessed Value $120 Assessed Value $210,712 $16,990 $211,121 $17,110 Building Details Account#: R2980204 Parcel#: 045328100019 Owners Name & Address: MURPHREE MICHAEL A & 49585 CR 19 NUNN, CO 80648 Building# 1 Property Type Residential Property Address: Street: 49585 19 CR City: WELD http://maps2.merrick.com/Website/Weld/setSgl.asp?emd=QUERY&DET=PP&pin=04532... 6/10/2009 Identify Results Page 2 of 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Individual Built As Detail Modular Year Built: 2003 Frame Siding HVAC: Forced Air Drywall Built As SQ Ft: 2356 2 Roof Type: Gable 4 Roof Cover: Composition Shingle 1 7 Units: 1 Detached SQ Ft: Finished SQ Ft: Account#: R2980204 Parcel#: 045328100019 Owners Name & Address: MURPHREE MICHAEL A & 49585 CR 19 NUNN, CO 80648 Building# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Detached Garage Frame Hardboard 1 0 1 0 Property Address: Street: 49585 19 CR City: WELD Property Type Residential Individual Built As Detail Year Built: HVAC: Built As SQ Ft Roof Type: Roof Cover: 2004 None 864 Gable Composition Shingle Units: 0 Detached SQ Ft: Finished SQ Ft Account#: R2980204 Parcel#: 045328100019 Owners Name & Address: MURPHREE MICHAEL A & 49585 CR 19 NUNN, CO 80648 Building# 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Property Address: Street: 49585 19 CR City: WELD Property Type Out Building Individual Built As Detail Shed - Cattle 0 0 1 0 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: 2004 None 240 Shed http://maps2.merrick.com/Website/ Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=04532... 6/10/2009 Identify Results Page 3 of 3 Basement: Total SQ Ft: Finished SQ Ft: http://maps2. merrick.com/ W ebsite/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=04532... 6/10/2009 ► 111111 11111IIII 111111 11111 1101 1111111 111 11111 III► III► 3113222 10103/2003 12 59P Weld County, CO 222 1 of 1 R 6.00 0 14.60 Steve Moreno Clerk & Recorder WARRANTY DEED THIS DEED, Made on 09/12/03 between James C. Tuttle, Jr. of the County of 'F'Itun ph me and State of Tennesee U , grantor, and Michael A. Murphree and Susan H. Murphree V whose legal address is 3320 Adams Drive, Wellington, CO 80549 of the County ofLarimer and State of Colorado WITNESS, That the grantor, for and in consideration of the sum of One hundred forty six thousand dollars and no cents , grantees: 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 unto the grantees, their heirs and assigns forever, not in 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 fo)lows The E 1/2 of the NE 1/4 of Section 28, Township 9 North, Range 67 West of the 6th PM County of Weld, State of Colorado. TBD Weld County Road 19 as known. by street and numbers: Nunn, CO 80648 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 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 grantees, their heirs and assigns, that at the time of the enseal_ng and delivery of the presents, he is well seized of the premises above conveyed, had 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 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 for general taxes and assessments for the year 2003 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor shall and will WARRANT AND FOREVER DEFEND the abcve-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole of 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 en the date set forth above. James fl. Tuttle, Jr. STATE OF 7' nntSlrs /ail -74-6734 �/ S.S. /I County of un, preys The foregoing Instrument was acknowledged before me this 02$126)3 by James C. Tuttle, Jr. 21B541Nev_,r, s5 Wa SS rrant arrant y Deed eo,m tena.ol ('105TH /ME:aICAN ':7['F.. niecesr //r/f day of -.Jet TCInher Witness my hand and official Sea ,.• ' My commission expires - /J p P-��JoR.ISi;�n.o Notary Public H' r' eo. ✓.: SKLD NA 10.102.33.100 WE 3113222-2003.001 Hello