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HomeMy WebLinkAbout20092718.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST PATRICK AND CALLIE SPEAR 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, Patrick and Callie Spear, BCV #0800162, 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 20th day of October, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Patrick and Callie Spear 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 November 20, 2009, to allow adequate time for the property owners to have a survey of the property conducted in order to establish the property lines and the appropriate setback and offset distances, 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 #0800162 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Patrick and Callie Spear 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 November 20, 2009, to allow adequate time for the property owners to have a survey of the property conducted, in order to establish the property lines and the appropriate setback and offset distances, in order to bring the subject property into compliance. 2009-2718 PL0824 VIOLATIONS - BCV #0800162 - PATRICK AND CALLIE SPEAR PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD QQU 1- COLORADO ATTEST: Weld County Clerk to th BY Deputy Clerk to the Boa APPROVED AS TO ufffty Attorney Date of signature / William F. Garcia Chair Douglas Rademac er, Pro-Tem Sean P. Conway EXCUSED David E. Long 2009-2718 PL0824 Violation Summary Report BASIC INFORMATION SPEAR PATRICK H & Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 3843 CR 6 ERIE, CO 80516 Peggy Gregory BCV08-00162 3843 CR 6 24911-G PT S2SE4 22 1 68 BEG W1114.96' FROM SE COR OF SEC W234.5' NOD05'E 1053.85' N78D37'E 218.21' THENCE LONG CHORD BEARS N76D42'E 21.22' SOD05'W 1101.75' TO BEG (.16R) SITUS: 3843 6 CR WELD Location North of and adjacent to County Road 6, West of 1-25 North Town of Erie South Town of Broomfield East Agricultural properties West Agricultural properties Parcel Number: 146722400010-R5799086 Acreage: 5.63 Certified Mail Date: 09/16/2009 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.) 23-3-50.6 Minimum SETBACK: twenty (20) feet. Fences are not required to comply with the minimum SETBACK and may be located on the property line. Fences located on corner lots abutting public rights -of -way shall not obstruct the view of vehicular traffic at an intersection. 23-3-50.C Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. Fences are not required to comply with the minimum OFFSET and may be located on the property line. REMEDY A current survey shall be submitted to determine property lines and offset regarding the buildings on each side. RECOMMENDATION Staff recommends this case be referred to the County Attorney but delay action for 30 days to verify offset. LETTER HISTORY 11/25/2008 11/26/2008 11/26/2008 06/15/2009 08/11/2009 09/16/2009 Complaint Received Complaint Validated LTTR: Other Letter LTTR: 10 Day Letter LTTR: Other Letter LTTR: Hearing Notification OTHER CASE HISTORY 2009-2718 Violation Summary Report 04/27/2009 Phone Call Phone call from Pat Spear. He says his neighbor, Enrique Guerrero has built a building over the property line. 04/28/2009 Phone Call Phone call to Pat Spear. I told him a survey would need to be done to verify the property line. He said Mr. Guerrero has moved back his portion of the "shared" building to meet setbacks and Pat is getting ready to do his portion. 06/19/2009 Phone call Phone call from Pat Spear. He says he has moved the building on his side of the property and he wants to meet the inspector there to verify. 06/24/2009 Property Inspected Need to set property pins. 06/10/2009 Property Inspected Building has not been moved to meet setbacks. 08/25/2009 Phone Call Phone call from Pat Spear. He said he thought one of the property pins was there. I told him the only way to resolve this issue is to get a survey to determine where the property line is. He said he and the neighbor do not speak to each other so he doesn"t know how to go about this. I suggested he call some surveyors to see what the cost would be then write the neighbor a letter asking him to split the cost. 10/07/2009 Phone Call Phone call from Pat Spear. He is having a survery completed. I told him we need a copy of that and then will need to do an inspection to verify setbacks on his property. 10/08/2009 Phone Call After talking with Kim Ogle, I called Pat Spear. He needs to advise his surveyor (Joe) that it is okay to release a copy of the survey to us and can send it as a PDF file. He will do that and said we should have it next week. VIiDc September 16, 2009 SPEAR PATRICK H & 3843CR6 ERIE, CO 80516 WELD COUNTY 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 Case: BCV08-00162 Legal Description: 24911-G PT S2SE4 22 1 68 BEG W1114.96' FROM SE COR OF SEC W234.5' NOD05'E 1053.85' N78D37'E 218.21' THENCE LONG CHORD BEARS N76D42'E 21.22' S0D05'W 1101.75' TO BEG (.16R) SITUS: 3843 6 CR WELD SPEAR PATRICK H & Dear: The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 10/13/2009 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.) 23-3-50.B Minimum SETBACK: twenty (20) feet. Fences are not required to comply with the minimum SETBACK and may be located on the property line. Fences located on corner lots abutting public rights -of -way shall not obstruct the view of vehicular traffic at an intersection. 23-3-50.C Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. Fences are not required to comply with the minimum OFFSET and may be located on the property line. To bring your property into compliance with the Weld County Code: A current survey shall be submitted to determine property lines and setbacks regarding the buildings on each side. 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 • hiDe COLORADO Arei Peggy Gregory Building Compliance Officer pc: BCV08-00162 SENDER: COMPLETE THIS SECTION r ru r3 Cr trI rn r O O 0 O ra ra to O O- WELD COUNTY 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 U.S. Postal Service,. CERTIFIED MAILrM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent Postmark Here Street Apt na or PO Box No. 3843 e a City, State, ZIP+4 ick--Ca/liefpeQr ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Patrick H & Callie L Spear 3843 CR 6 Erie CO 80516 COMPLETE THIS SECTION ON DELIVERY A. Si®riaiure: X�o� R. Received by D. Is de Medr q[7fJCCs3CC< If YES, ent do�elNe ❑ Agent O Addressee Printed Name) C. Date of Delivery 42-1 sr 9 ia6�cr 0 No l ccv SEP 212009 RFCFIVED 3. Service Type DO Certified Mail 0 Registered ❑ Insured Mail 4. Restricted Delivery? (Extra Fee) O Yes ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 2. Article Number (Transfer from service It _ PS Form 3811, February 2004 7005 1160 0001 4539 4127 Domestic Return Receipt 102595-02-M-1540 Page 2 of 2 ‘ag WIWDC COLORADO August 11,2009 ENRIQUE and ELISA GUERRERO 13820 HUDSON ST THORNTON CO 80602 PATRICK and CALLIE L SPEAR 3843 CR 6 ERIE CO 80516 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgreoory a(�co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE Subject: BCV08-00149. Part of the SE4 of Section 22, Ti N, R68W of the 6`" P.M., Weld County, Colorado Dear Mr. and Mrs. Guerrero and Mr. and Mrs. Spear: Due to the unresolved setback issue regarding the "shared barn" between the two properties, it has been determined that the property pins must be identified by submitting a current survey of the properties. Without this information, setbacks on each side of the property line cannot be identified. Failure to obtain a survey and submit the information to this department by August 31, 2009, will result in this office scheduling the violations 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. Building Compliance Officer pc: BCV08-00149 BCV08-00162 Kim Ogle, Interim Director of Planning Services Lin Dodge, Building Technician a4;#ac IIIIIDe COLORADO June 15, 2009 PATRICK H and CALLIE L SPEAR 3843CR6 ERIE CO 80516 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 Subject: BCV08-00162, Part of the S2SE4 of Section 22, T1 N, R68W of the 6th P.M., Weld County, Colorado Dear Mr and Mrs. Spear: You were notified by letter dated November 26, 2008, that the "shared" barn that spans the property line between your property and the property to the east must be moved or portions removed to meet the required three (3) feet setback from the property line by June 1, 2009. It has been determined that that has not been accomplished and the property remains in violation. Failure to correct the violation and schedule an inspection within 10 days from the date of this letter will result in this violation being scheduled 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 or if you need any further information, please feel free to contact me at the above address. telephone number or e-mail address. rely, Peggy Gregory Building Compliance Officer pc: BCV08-00162 BCV0B-00149 Kim Ogle, Planning Manager Lin Dodge, Building Technician DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregorv(@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE November 26, 2008 PATRICK H and CALLIE L SPEAR 3843CR6 ERIE CO 80516 Subject: BCV08-00162, Pad of the S2SE4 of Section 22, TIN, R68W of the 6'h P.M., Weld County, Colorado Dear Mr. and Mrs. Spear: It has been determined that the "shared barn" that is partially on property owned by Enrique and Elise Guerrero is in violation of the Weld County Code. As the building does not meet setbacks on either side of the property line, it must be moved or portions removed so that it is a minimum of three (3) feet from both property lines. 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 by June 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. Sinc y Pegregory Building Compliance Officer pc: BCV08-00149 BCV08-00162 Kim Ogle, Planning Manager Lin Dodge, Building Technician Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5799086 Tax Area: 2390 Bordering County: Acres: 5.71 Parcel#: 146722400010 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01-68-22-4 Owners Name & Address: SPEAR PATRICK H & 3843 CR 6 ERIE, CO 80516 Additional Owners: SPEAR CALLIE L Business/Complex: Sale Date Sale Price 1/24/1995 $125,100 Property Address: Street: 3843 6 CR City: WELD Sales Summary Deed Type Legal Description Rece tion 02424469 24911-G PT 52SE4 22 1 68 BEG W1114.96' FROM SE COR OF SEC W234.5' NOD05'E 1053.85' N78D37'E 218.21' THENCE LONG CHORD BEARS N76D42'E 21.22' 50D05'W 1101.75' TO BEG (.16R) SITUS: 3843 6 CR WELD Land Type Coal Residential Land Subtotal: Bldg# 1 Land Valuation Summary Abst Code Unit of Number of Measure Units 5150 Site 1112 Acres 5.71 Property Type Residential Improvements Subtotal: Total Property Value Account#: R5799086 Owners Name & Address: SPEAR PATRICK H & 3843 CR 6 ERIE, CO 80516 Building# 1 5.71 Buildings Valuation Summary Building Details Property Type Residential Actual Value $180 Actual Value $176,207 $347,507 Property Address: Street: 3843 6 CR City: WELD Assessed Value $50 Assessed Value $14,030 $27,670 Parcel#: 146722400010 http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1467... 11/25/2008 Identify Results Page 2 of 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garaae: Attached SQ Ft: Basement: Total SQ Ft: Individual Built As Detail Modular Year Built: 2001 Frame Vinyl HVAC: Central Air to Air Drywall Built As SQ Ft: 2176 2 Roof Type: 3 Roof Cover: Composition Shingle 1 0 Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1467... 11/25/2008 AEMY24Y69 Reoption No. 3/2 IIIIVia►l Illllll1111412712000 1UU�� 111111 LIVE uki ill 11111 ��t1u1 1 of 1 2N 5.00 D 0.00 Weld County CO 2424469 8-1477 P-728 01/27/95 04:14P FC 1 Weld County W Clerk & Recorder WARRANTY DEED THIS DEED, Made this 24 day of January, 1995, between spawn M. SNIDER and MIMICS E. SNIDER of the County of WELD and State of Colorado, grantor, and PATRICK H. SPEAR whose legal address is 33843 WELD 8COUNTY RD. 46 COO of the County of WELD and State of Colorado, grantee: h► OF 1 REC DOC 5.00 12.51. RITIRSSMTH, That the grantor for and in consideration of the sum of $125,100.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, .94..bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado described as follows; A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER (881/4) OF SECTION TWUITI-TWO (22), /_ TORESEIP ONE (1) NORTH, RANGE SIXTY-EIGHT (68) WEST OF THE 6TH P.N., COUNTY OF WELD, STATE I) Or COLORADO, BRING MORE PARTICULARLY DESCRIBED AS FOLLOWS: cBEGINNING AT THE SOUTHEAST CORNER (SE COG) OF SAID SECTION 22 AND CONSIDERING THE S00TR LINE OF SAID SECTION 22, AS HEARING MATH 90 =GAM 00' 00" WEST, WITH ALL OTHER BEARINGS (� CERADIID HEREIN RELATIVE THERETO; TRENCH 90 DEGREES 00' 00" WEST ALONG THE SOUTH LINE OF I1Yj\\ SAID SECTION 22, 1114.16 MT TO THE TRUE POINT OF BEGERNIMG: THENCE CONTINUINJG NORTH 90 DEGREES 00' 00" WEST, ALONG THE SOUTH LINE OF SAID SECTION 22, 234.5 FEET, THENCE NORTH 00 ct DIGRESS 05' 50" EAST, 1053.85 FEET, THENCE NORTH 7B DEGREES 37' 45" BAST 218.21 FEET; mU MINCE ALONG THE ARC OF A CURVE TO THE LEFT, WHOSE RADIUS IS 316.86 MET AND WHOSE LONG J CHORD BEARS NORTH 76 DEGREES 42' 18" MAST, 21.22 FEET; THENCE BOOTH 00 DEGREES 05' 50" R. WEST, 1101.75 FEET TO THE TRUE POINT OF BEGINNING.. ') also known by street and number as: 3843 WELD COUNTY RD. 46, RAIZ, CO, 80516. TOGETHER with all and singular the hereditament° 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 grantor, either in law or equity, of, in End to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, Sure, perfect, absolute and indefeasible estate of inheritancee, 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 foresaid, 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 1995 taxes due and payable in 1996. Subject to rights of way for county roads; notice recorded January 24, 1991 in book 1991, page 1268 at Reception No. 2239296; oil and gas leases of record and any and all assignments thereof. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. VIN N. SKID , by JERK phOSELLA, attorney /an fact i 414aSe— A EVNZCE E. 8 R, b S RA CAROSELLA, attorney i act STATE OF COLORADO} COUNTY OF BOULDER) The foregoing instrument was acknowledged, subscribed sY IN FACT and MARVIN M. sworn t SforeRntthis 4th oTme24th day of January, 1995 by JERRY CAROSELLA, CAROSELLA, ATTORNEY IN FACT FOR EUNICE E. SNYDER. My Commission Expires: January 23, 1997. Witn,.5 ha A OT Dy PURL C RE-RECORD TO CORRECT LEGAL DESCRIPTION 11111111111111111111111111111 1111111111111111111111 D CO 2745219 01120/2000 11:11A JA Suld Tsulmmolo 1 0l 1 R 5.00 0.00 Weld Count/ Reception No. Recorder. QUIT CLAIM DEED THIS DEED, Made on January 14 , 2000 brcwealpatrick H. Spear of the Said 'County of Weld and State of Colorado, grantor(.). and Patrick H. Spear and Call le L. Spear as joint tenants whom legal address a 3843 Weld County Road 6 Erie, Colorado 80516 of the Said County of Weld and State of Colorado. grantees), WITNESSETI4 That the grantor(s), for and in consideration of the mm of No dollars and no cents the receipt and sufficiency of which is hereby acknowledged, ha B remind,released, soWad QUITCLAIMED, ardby themprem5e do remise,release. sell and QUITCLAIM UM the granles(e), his hens, sueaswrs and emigre, forever, ell the right, tile, interest, claim and demand which the grantor(s) lu a in ad to the real property. together with improvements. if any, situate. lying and being in the said County of Weld and State of Colorado, described as follows: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION 22, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OP COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER LSE COR) OF SAID SECTION 22 MID ING THE SOUTH LINE OP SAID SECTION 22, AS BEARING NORTH 90°00'00" WEST, WIALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE 90°00'00" WEST ALONG THE SOUTH LINE OF SAID SECTION 22, 114.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 90°00'00" WEST, ALONG THE SOUTH LINE OF SAID SECTION 22, 234.5 FEET, THENCE NORTH 00°05'50" EAST, 1053.85 FEET; THENCE NORTH 7B°37'45" EAST 218.21 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, WHOSE RADIUS IS316. 6 FEET AND WHOSE LONG CHORD BEARS NORTH 76°42'1B" EAST, 21.22 FEET; THENCE SOUTH 00°05'50" WEST, 1101.75 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OP WELD, STATE OF COLORADO. also knownby angel and number m'. 3643 Weld County Road 6 Erie, CO80516 TO DAVE AND TO HOLD the same, together with all and singular the appuMwoea end privileges (hereunto belonging or in anywise Memento appertaining, and all the estate, right tile. interest, and claim whatsoever, of the grantor(s), either n law or equity. to the only proper use, benefit and hehonf of the grantee(s) his heba and amigos forever. IN WITNESS WHEREOF, The grantor(a) ha 8 executed this deed on the date set forth above. STATE OP 00 Wait ck H. Spea } m. said County of Boulder The foregoing inwmmcrd was acknowledged before rte on by Patrick H. Spear My commission expires December 23, 2000 'If n Denver. 'Men "City and'. January 14, 2000 i _ Karen J. Martinez Notary Public State of Colorado Name and Address of Pence Creating Newly Created Legal Description (38-35-106.5, C.R5 7 No. 933. Rev. 6-92 Quit Claim Deed Ak242414 1 Recption No. 2424469 B-1477 P-728 01/27/95 04:14P PG 1 OF Weld County CO Clerk & Recorder WARRANTY DEED THIS DEED, Made this 24 day of January, 1995, between MARVIN M. SNYDER and EUNICE E. SNYDER of the County of WELD and State of Colorado, grantor, and REC DOC 5.00 12.51 PATRICK H. SPEAR whose legal address is 3843 WELD COUNTY RD. 86 ERIE, CO 80516 of the County of WELD and State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of $125,100.00 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 grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado described as follows: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-TNO (22), TOWNSHIP ONE (1) NORTH, RANGE SIXTY-EIGHT (68) WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER (SE COR) OF SAID SECTION 22 AND CONSIDERING THE SOUTH LINE OF SAID SECTION 22, AS BEARING NORTH 90 DEGREES 00' 00" WEST, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE 90 DEGREES 00' 00" WEST ALONG THE SOUTH LINE OF SAID SECTION 22, 114.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUINJG NORTH 90 DEGREES 00' 00" NEST, ALONG THE SOUTH LINE OF SAID SECTION 22, 234.5 FEET, THENCE NORTH 00 DEGREES 05' 50" EAST, 1053.85 FEET; THENCE NORTH 78 DEGREES 37' 45" EAST 218.21 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, WHOSE RADIUS IS 316.86 FEET AND WHOSE LONG CHORD BEARS NORTH 76 DEGREES 42' 18" EAST, 21.22 FEET; THENCE SOUTH 00 DEGREES 05' 50" WEST, 1101.75 FEET TO THE TRUE POINT OF BEGINNING.. also known by street and number as: 3843 WELD COUNTY RD. p6, ERIE, CO, 80516. TOGETHER with all and singular the hereditaments 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 grantor, either in law or equity, of, in And to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritancee, 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 foresaid, 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 1995 taxes due and payable in 1996. Subject to rights of way for county roads; notice recorded January 24, 1991 in book 1991, page 1288 at Reception No. 2239296; oil and gas leases of record and any and all assignments thereof. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. the date set forth above. IN WITNESS WHEREOF, the grantor has executed this deed on ;');",,,42/4( ��//yy//yM� v -y��, �''1J.� ✓,",5 G./L Gtti.ei ix. • MARVIN M. SNYD •, by J RRY ,F,r'ROSELLA, attorney /in fact EUNICE E. SN R, b S RA CAROSELLA, attorney i fact STATE OF COLORADO) COUNTY OF BOULDER) The foregoing instrument was acknowledged, subscribed and sworn to before me this 24th day of January, 1995 by JERRY CAROSELLA, ATTORNEY IN FACT FOR MARVIN M. SNYDER and SANDRA CAROSELLA, ATTORNEY IN FACT FOR EUNICE E. SNYDER. My Commission Expires: January 23, 1997. Witn Hello