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HomeMy WebLinkAbout20091322.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST BRIAN AND SUSAN WILLIAMS 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, Brian and Susan Williams, ZCV #0900041, 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, Brian Williams, 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 September 16, 2009, to allow adequate time for the property owners to submit a Use by Special Review Permit application 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 ZCV #0900041 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Brian and Susan Williams 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 September 16, 2009, to allow adequate time for the property owners to submit a Use by Special Review Permit to bring the subject property into compliance. 0 (: ', PL -1 V.0 L 2009-1322 PL0824 e1 7//6'7O1, VIOLATIONS - ZCV #0900041 - BRIAN AND SUSAN WILLIAMS 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 C UNTY COMMISSIONERS WELD OUT', COLORADO ATTEST: Weld County Clerk to the C f B epu County Attorney Date of signature 6 1 I l MM I c W demache Seen P. Conway Pro-Tem c) tiL Barbara Kirkmeyer EXCUSED David E. Long 2009-1322 PL0824 V ,Iation Summary Rep t BASIC INFORMATION WILLIAMS BRIAN L & SUSAN M Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 211 GADWALL LN JOHNSTOWN, CO 80534 Bethany Salzman ZCV09-00041 20300 CR 17 PT NW4SW4 21-4-67 LOT A REC EXEMPT RE -1168 EXC UPRR RES (.25R) 20300 17 CR WELD 00000 Location North South East West East of and adjacent to CR 17 and approximately 1/4 mile North of CR 42 Johnstown Municipal Boundary Johnstown Municipal Boundary and Agriculturally Zoned Properties Johnstown Municipal Boundary and Agriculturally Zoned Properties Johnstown Municipal Boundary Parcel Number: 105921000027-R0137989 Acreage: 5.02 Certified Mail Date: 03/25/2009 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 23-3-40.6 Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 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. 23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. REMEDY As we discussed during your Pre -Application Meeting on March 5, 2009, a Use by Special Review (USR) application shall be submitted for the operation of Empire Landscaping and storage of any supplies and equipment. To avoid the above referenced Violation Hearing a complete USR application shall be submitted before June 15, 2009. In order to meet this deadline, the 4 packets for the 7 Day Completeness Review shall be submitted before June 1, 2009. Any necessary corrections shall be completed and the remaining paperwork shall be submitted prior to June 15, 2009. If this is completed, the above Violation Hearing will be cancelled. RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 02/17/2009 Complaint Validated 02/17/2009 LTTR: 5 Day Letter 2009-1322 V elation Summary Rep I 02/24/2009 LTTR: Violation Notice 03/25/2009 LTTR: Hearing Notification OTHER CASE HISTORY 02/24/2009 Office Visit Brian Williams, Chris Gathman and I discussed his property. He turned in his Pre -Application form. Chris and I explained the process to him. 03/05/2009 Office Visit Brian Williams came into the Greeley Planning Office for a Pre -Application Meeting. Don Carroll, Chris Gathman, Kim Ogle, Kris Ranslem and I were all present. See memo in file. 03/30/2009 Certified Mail Receipt Certified Receipt received - signed. BJS /T�nT111lig^ COLORADO March 25, 2009 WILLIAMS BRIAN L & SUSAN M 211 GADWALL LN JOHNSTOWN, CO 80534 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Case: ZCV09-00041 Legal Description: PT NW4SW4 21-4-67 LOT A REC EXEMPT RE -1168 EXC UPRR RES (.25R) 20300 17 CR WELD 00000 Dear WILLIAMS BRIAN L & SUSAN 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: 06/16/2009 - 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.B Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 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. 23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. To bring your property into compliance with the Weld County Code: As we discussed during your Pre -Application Meeting on March 5, 2009, a Use by Special Review (USR) application shall be submitted for the operation of Empire Landscaping and storage of any supplies and equipment. To avoid the above referenced Violation Hearing a complete USR application shall be submitt€ before June 15, 2009. In order to meet this deadline, the 4 packets for the 7 Day Completeness Review shall be submitted before June 1, 2009. Any necessary corrections shall be completed and the remaining paperwork shall be submitted prior to June 15, 2009. If this is completed, the above Violation Hearing will be cancelled. Page 1 of 2 Ol 0 0004 7353 ry�^�T�.^..�/^� COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us 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, Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00041 U.S. Postal ServiceTM CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) r O ISrreeC No3111 ^ � v1 1 rI orPO Box ., No act A 1 City State, ZIP+C T^,^ In / _ sch. Iota! Postage & Fees Postmark Here •I u l.. .+_t,1yt m t4 SIA-San Page 2 a m m a) a) (11 n B CI- E a m c m o m m o E O y«>.d Y C a r 2 G C V U y 0 2,�L2a t-0 A E •U r le) to N 2 Na 0 N ` q W 2 U° A' O 8 o¢ 5 3 o « t ti; v a>'- ".c ao TtpL O EE0 c O Z 0 :ca_ g Q 8 m U1 m N 0 CI C ct CV Domestic Return Receipt PS Form 3811, February 2004 MEMORANDUM COLORADO TO: PA09-023; Case File, pre -application DATE: March 5, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR for landscaping business Attendees: Brian Williams, Applicant Don Carroll, Public Works Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning Bethany Salzman, Zoning Compliance On Thursday, March 5, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a USR for a landscaping business. (The legal description is Lot A RE -1168; Part NW4SW4 Section 21, Township 4 North, Range 67 West of the 6`h P.M.; Situs Address is 20300 CR 17) Background Information: The applicant purchased this property as an investment property. The home on site is rented to an employee. The site encompasses approximately 4.75 acres and is surrounded by the Town of Johnstown. According to the applicant, the Town of Johnstown has no desire to annex them into their town limits. The applicant owns a landscaping business (Empire Landscaping) and would like to park equipment (trailers) and some material (river rock, compost and dirt) next to existing shop. In addition the applicant is proposing to convert the west end of the existing shop into an office area. He has currently submitted a building permit for a change of use to convert this area into an office. The material to be stored would be brought in by semi and would be stored in concrete blocks. The remainder of the property would be used to heal in trees for replanting. A ditch runs along the southeast corner of the property. The applicant is proposing to utilize the head gate to fill a small pond which he indicated would be aestetically pleasing and potentially place coy on it. The pond would be used to water the trees. Currently there are two part-time employees (he and his wife) and a full-time project manager. There are approximately 7 laborers who come to the site to pickup material. Public Works No Traffic Study will be required. With regard to drainage, staff instructed the applicant to contact Clay Kimmi of Public Works for further assistance and instructions. The access to the site is from CR 17. CR 17 is annexed by the Town of Johnstown. Currently there is a 60 foot existing right-of-way; however this portion of CR 17 is projected to be an arterial road with 140 feet of right-of-way. Staff suggested reserving the additional feet for right- of-way. The applicant will need to submit a Site Plan which identifies all structures (existing and future), irrigation pond, tree rows and material storage. No Geotechnical Report is required. No Flood Hazard Development Permit is required as it is not designated in a 100-yr floodplain. Planning Department The applicant indicated that there is water in the shop which was existing prior to ownership. There is one septic system for the house. The applicant indicated that according to his engineering report it is adequate for the amount of capacity required. There are two (2) fuel tanks less than 500 gallons each located on site. The applicant indicated that he would like to move them from the existing location to another site on the property. Staff advised him that there may be more requirements from the State Department of Labor and Employment with regard to the tanks. The applicant commented that he would like to plant trees along the northern boundary to serve as a wind and visual buffer. There is lighting on the shop on the east and south gables with downcast lighting. Staff advised the applicant to identify on the application if they wish to erect a sign larger than 16 square feet. Applicant requested the use of placing the temporary concrete barriers to store some material and to make some landscaping improvements to the site prior to approval of the application. Staff gave approval as they are temporary items. The site is currently in violation (ZCV09-00041) and is scheduled for violation hearings on June 16, 2009. If the applicant submits a completed application prior to June 16, 2009 the violation hearing will be canceled. Staff explained the USR process - that the applicant shall submit 4 packets for a 7 day completeness review. Once the 7 day completeness review is complete the applicant will be informed of what items are still required to make the application complete. After the completed application is submitted it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At the meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. End memorandum. ‘O4.4 hiDeCO February 24, 2009 WILLIAMS BRIAN L & SUSAN M 211 GADWALL LN JOHNSTOWN, CO 80534 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us Case: ZCV09-00041 Legal Description: PT NW4SW4 21-4-67 LOT A REC EXEMPT RE -1168 EXC UPRR RES (.25R) 20300 17 CR WELD 00000 Dear: WILLIAMS BRIAN L & SUSAN 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.B Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 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. 23-3-40.V USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District. To bring your property into compliance with the Weld County Code: As we discussed over the phone yesterday, the operation of Empire Landscaping LLC requires a Use by Special Review (USR) permit. The first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application which I included with my initial letter or to re -print please see the following web address: http://www.co.weld.cc. us/departments/planning/Planning/Procedural_Guides6-15-08/PreAp plication%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). Page 1 of 2 (tiletc\'`s\ 1111De COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us 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 03/24/2009, 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. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: ZCV09-00041 Page 2 of 2 Empire Landscaping - Enhance "-e Beauty of Your Castle! Page 1 of 2 Home About Us Services Portfolio Industry Affiliations I I Contact Us landscaping Services The Empire Landscaping team takes great pride in every landscape installation project. We serve residential and commercial developers, general contractors, property management companies, commercial property owners, and landscape architects. We bring over 20 years of landscaping expertise to your project. • We have highly trained teams that specialize exclusively in landscape design and have extensive experience working with other trades • We work with fellow contractors and project superintendents during the earliest planning stages • Our goal is to minimize future maintenance costs and eliminate the unnecessary costs of redoing work that should have been done right the first time It's not enough for the job just to go smoothly and within the budget while we're on site. The installation must c be a source of pride and beauty after we're gone. Empire stands behind our work to ensure long-term value on e installation contract. We offer many options for your dream yard including: • Water Features • Fire Pits • Outdoor Kitchens • Retaining Walls • Sprinklers • Concrete Curbing • Landscape Lighting • Patios • Drought Tolerant Planting/Xeriscape http://www.empirelandscaping.us/landscaping.htm 2/24/2009 Empire Landscaping - Enhance "-e Beauty of Your Castle! Page 2 of 2 vase dtzeu4s, a, cue ezto eatZeri %t! 20300 County Rd. 17 Johnstown, CO 80534 • Office: (970) 587.8858 • Fax: (970) 587-9773 Copyright e) 2008 Empire Landscaping Privacy Statement Site Map http://www.empirelandscaping.us/landscaping.htm 2/24/2009 Empire Landscaping - Enhance `"e Beauty of Your Castle! Page 1 of 2 Home Services Portfolio About Us Industry Affiliations Contact Us 7/1a :ntenance Services The proper year-round maintenance of your property is the corner stone to a good landscape. Keeping your prop edged, and trim is the first step to establishing an attractive landscape. Although we know that all of our custon their own individual needs, the maintenance department offers all the services that are essential to every lands' Our maintenance program is done by contract and generally includes the following services: • Comprehensive turf mowing services that include mowing, trimming, and edging walk ways and curbs. Du summer months, the mowing is generally done every seven to ten days. • Turf Maintenance that includes seasonal application of fertilizers, Broadleaf, and grassy weed control, as basic insect and disease control. • Turf enhancement services that include turf aeration, turf over seeding, and lime • Fall clean-up and leaf management To start a maintenance contract or get a bid contact us. http://www.empirelandscaping.us/maintenance.htm 2/24/2009 Empire Landscaping - Enhance Beauty of Your Castle! Page 2 of 2 20300 County Rd. 17 Johnstown, CO 80534 • Office: (970) 587-8858 • Fax: (970) 587-9773 Copyright cO 2008 Empire Landscaping Privacy Statement Site Map http://www.empirelandscaping.us/maintenance.htm 2/24/2009 Empire Landscaping - Enhance "-e Beauty of Your Castle! Page 1 of 1 Edgeotee de Vowel/ aj ? etude/ Home About Us Services Portfolio Industry Affiliations I Contact Us Snow Removal As a full -service company, Empire Landscaping offers Snow Plowing, Sidewalk Shoveling / Snowblowing and San( to Residential and Commercial properties. Please call early to reserve your spot on our schedule. 20300 County Rd. 17 Johnstown, Co 80534 • Office: (970) 587-8858 • Fax: (970) 587-9773 Copyright 2008 Empire Landscaping Privacy Statement Site Map http://www.empirelandscaping.us/snowremoval.htm 2/24/2009 FEB-17-2009 TUE 04:13 PM W O ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P. 01 fittrm AX TRANSMISSION IncWE`o� COLORADO WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1565 NORTH 1 77" AVE., GREELEY, CO 6063 I ADMINISTRATION FAx; 970-304-84 1 6 PRONE: 970-304.64 I O HEALTH EOUCATON S NURSING FAX: 970.304.64 16 PHONE: 970-304.8420 ENVIRONMENTAL HEALTH FA%: 970-304-54 I I PHONE: 970-304.64 15 To: Fax: Phone: From: Subject: Date: aruczt Pages: P r/att Ac_.YD 01 - / 7 COMMENTS: 4C pl Vm,ryta,e4a CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U,S. Postal Service. Thank you. FEB-17-2009 TUE 04:13 PM W C ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P. 05 W ! SW4 SECTION 21 TOWNSHIP 04N RANGE 6 LOT OF RECOMED EXEMPTION #1059-21-3--RE11 FERMI AREA FOR REMr7- Gtvouruma- THS STRUCTURE VARN - TANKS LEACH FEW TREK E5 HasE 5 ACRES 20300 COUNTY Ro. 17 INC FEB-17-2009 TUE 04:13 PM W 0 ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 R. 02 rte,,.. SEPTIC PERMIT INFORMATION PORN. CI, (7,,Cf(T :c.i is To obtain an I,S,D.S. permit, one must file an "application for Individual Sewage Disposal System" at the Weld County Environmental Health Services office and pay the application fee. A "repair" ret shall be charged for the expansion, replacement, or repair of an existing system. The (-allowing information must be provided on the septic information form. IC1 r:C�el L� • (w— Ci RESIDENTIAL PERMIT NEW or REPAIR $500.00 MINOR REPAIR PERMIT $ $100.00 COMMERCIAL PERMIT NEW or REPAIR $600.00 VAULT PERMIT NEW or REPAIR $150.00 4 2c/tole-fled EA e-.r+Pk2 n OSr1-71 ' IZE /l4'B (12 DIGIT NUMBER) PARCEL NO.: /-<%.— c)1/44-1 RANGE 4c 7` _) ACRES '� LEGAL DESCRIPTION: SECTION G / TOWNSHIP LOT ig BLOCK FILING SUBDIVISION "THIS INFORMATION CAN BE OBTAINED FROM THE ASSESSOR'S OFFICE AT (9701 3 53-354 5 EXT 3650 SITE ADDRESS 2O3W DIRECTIONS TO SITE PROPERTY OWNER: I> 5 y CITY ctV InS+Dv? ST e.(..)ZIPC''? MAILING ADDRESS: Zi 1 itcr �a.l Lln_ HOME PHONE: 7O) % 8 9 »o fl PHONE (y�7U} ..f7W -`re'/y FAX ( .) EMAIL ADDRESS: APPLICANT NAME; STS ZIP ., . CITY ��— MAILING ADDRESS: FAX (�) HOME PHONE: C ) WORK PHONE ( `) DESCRIPTION OF BUILDING (EX: HOUSE, MOBILE HOME, MODULAR, SHOP. OFFICE) �EMAIL ADDRESS' .f 5�c � - :) vOn.�. �1,. 5Ji IF OBTAINING A REPAIR PERMIT, WHAT IS BEING REPAIRED? -11.1 ' NUMBER OF PERSONS 'J' NUMBER OF BEDROOMS 0 BASEMENT PLUMBING YES / BATHROOMS' FULL /a PUBLIC WATER SUPPLY CYFSJ�N ) PRIVATE WATER SUPPLY YESC') IN FLOOD PLAIN AREA? YENO VIP PERCOLATION HOLES MARKED FOR INSPECTION? OM CENSUS TRACT ya 5C NAME WELL IC STERN PERMIT # FEB-17-2009 TUE 04:13 PM W C ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P. 03 CES Consultants, LLC February 4, 2009 Mr. Brian Williams Empire Landscaping 20300 County Road 17 Johnstown, CO 80534 Re: Evaluation of Existing Septic System — 20300 County Road 17 Johnstown, Colorado Dear Brian: Per your request, CES Consultants, LLC (CES) has reviewed and evaluated the existing Individual Sewage Disposal System (TSDS) for the three bedroom rental home located at 20300 County Road 17 in Johnstown, Also as part of this evaluation, CES will determine if the existing system can handle additional flows from a single restroom that will be constructed as pan of converting a portion of the existing barn to an office for your landscaping business. The existing septic system for the home consists of a 1000 gallon two -compartment concrete septic tank that is located approximately 40 feet north of the house, and 630 sq. ft. of absorption trench (see attached sketch of system). The system was installed in 1958 and was evaluated by the Weld County Health Department in December 1989 (see attached Statement of Existing Septic System). Design Sewage Flow Calculations and Determination of Site Percolation Rate: Per the Weld County Criteria — Average Daily Plow for a 3 -bedroom residence (assume 2 persons per bedroom) = (75 gallons/person/dayx6 persons) = 450 GPD Maximum Daily Flow = 1.5(Avg. Daily Flow) _ (1.5)(450) = 675 GPD To determine the design pert rate—'((3.5)(Area of Trcnch)/Max. Flow)' -- ((3.5)(630)/675)2 = 10.67 = 11 min/inch Actual Water Usage per Little Thompson Water District records: Per the attached 2008 water billing records form Little Thompson Water District for the residence, the total usage for 2008 was 112,146 gallons. This calculates to an average daily flow of 308 GPD and a maximum daily flow of 462 GPD. 112 E. South 1st St " Johnstown, co 80534 • Phone: (970) 373-4460 • f•RX! (303) 415-1472 a FEB-17-2009 TUE 04:13 PM W C ENVIRONMENTAL HEALTH FAX NO. 970 304 6411 P. 04 Page 2 Mr. Brian Williams February 4, 2009 Additional Flow from proposed office area: The new office proposed for the existing barn will contain a single bathroom consisting of one toilet.and a sink. There will be at the most two (2) full time employees and 4 part -tithe employees that will use the office. Per Weld County criteria the additional average daily flow will be — (15 gallons/full time employee/day)(2 employees) + (8 gallons/part-time employce/day)(4 employees) = 62 GPD Additional Maximum Daily Flow = (1.5)(62) = 93 GPO Therefore, the total actual average daily flow for the system will be 308+62 = 370 GPD, and the maximum daily flow will be 462+93 = 555 GPD. These flows are less than the design flows for the 3 bedroom house. With these actual flows, the soil percolation rate could be as high as 15.8 min/inch and still work with the existing system. Also, the 1000 gallon septic tank will still provide at least a 30 hour detention time with the 555 GPD maximum daily flow. In conclusion, the on site observation made by CES indicated that the system appeared to be functioning normally and the owner indicated there has been no problems with the system. The system was evaluated by the Weld County Department of Health in 1989. CES Consultants, LLC recommends that the system be maintained per Weld County Environmental Health Services Division Standards. The existing system will provide adequate treatment for thc anticipated maximum daily usage from the three (3) bedroom residence and the two (2) full time employees and four (4) pat -time employees at the proposed landscaping office on this site. This letter was prepared for the exclusive use of our client and is not intended for any other purpose. Our conclusions are based on the information made available to us at this time. Should additional information become available, we reserve the right to determine the impact, if any, of the new information on our opinions and conclusions; and to revise our opinions and conclusions if necessary and warranted by the discovery of additional information. If you have any questions or comments concerning this matter, please feel free to contact me at (970) 373.4480 or kuru&esconsultantsllc_com Sincerely, S.CQNSULTANTS, LLC Klat Rollin, P.E. Principal CES 20091Septic Evaluation Letter .?0300 WCa 17. 02.4-09.tioc Asi COLORADO February 17, 2009 WILLIAMS BRIAN L & SUSAN M 211 GADWALL LN JOHNSTOWN, CO 80534 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co,us Case: ZCV09-00041 Legal Description: PT NW4SW4 21-4-67 LOT A REC EXEMPT RE -1168 EXC UPRR RES (.25R) 20300 17 CR WELD 00000 Dear WILLIAMS BRIAN L & SUSAN 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: the operation of Empire Landscaping LLC requires a Use by Special Review (USR) permit. The first step in this process is a Pre -Application Request meeting. This step is completely free to the application, but does require submital of a short application. Please see the enclosed application or see the following web address: http://www. co.weld. co. u s/departments/plan n i ng/Planning/Proced u ra l_Gu ides6-15-08/PreAp plication%20Request%20(2).pdf %20 Req uest%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, Bethany Salzm Zoning Compliance Officer II pc: ZCV09-00041 Page 1 of 1 'tint Form Submit by Email 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. C P Submitting your request in a timely manner is important to get your project scheduled for review. Name: Phone: Fax: Email: Address: Project Description: Section -Township - Range Zoning Parcel Number Acreage Site Address Water Source Legal Description Sewer Owner Name s this property currently in violation? Preferred date and time for meeting: EYes i--- No Case Number Z( Cl.i..)4 C Office --Use Only Project Title: Description: Review Date: Weld County Department of Planning Services Meeting Datelfime. Greeley Office - 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 WELD COUNTY PLEASE PROVIDE THE FOLLOWING ITEMS: To view the Weld County Code, please go to www.co.weld.co.us, [FOR,(SPR) SITE PLAN REVIEWS: ❑ Brienjectnairative explaining request ❑ Conceptual site plan hewing all structures,park`mg nearby roads, and driveway access ❑ Existing contours and propose-gradees_., ❑ Conceptual drainage, ❑ Conceptua urging elevations I C e tuallandscape 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 +OR (PUD) PLANNED UNIT DEVELOPMENT / CHANGE OF ZONE (COZ): ❑ Brie • t narrative explaining request ❑ Exhibit showing . changes to be mad- ❑ Location map showing prope , minding area and adjacent uses ❑ Conceptual zoning map shown g- rren osed zoning D Conceptual site plan sh ifig all structures, parking, n oads, and driveway access ❑ Existing contou d proposed grades ❑ Conce rainage nceptual landscape plan Weld County Department of Planning Services Greeley Office 918 10th Street, Greeley CO 80631 Phone: 970-353-6100 x3540 Fax: 970-304-6498 Longmont Office - 4290 County Road 24.5, Longmont CO 80504 Phone: 720-652-4210 x8730 Fax: 720-652-4211 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0137989 Parcel#: 105921000027 ..«µ...u.x.—,::;w%‘.z.. e4 . . :tw . .. -x.9; .. 6 :;i ..:bn—a.,: ,�.Rrfl«. S U..:14v..w.:r.. Tax Area: 0556 Bordering County: Acres: 4.75 Township Range Section Quart. Sec. 04-67-21 -0 Owners Name & Address: WILLIAMS BRIAN L & 211 GADWALL LN JOHNSTOWN, CO 80534 Additional Owners: WILLIAMS SUSAN M Business/Complex: Sale Date 7/27/2007 Sale Price $298,500 Subdivison Name Block# Lot# Property Address: Street: 20300 17 CR City: WELD Sales Summary Deed Type WD Legal Description Reception # 3493749 PT NW4SW4 21-4-67 LOT A REC EXEMPT RE -1168 EXC UPRR RES (.25R) 20300 17 CR WELD 00000 Land Type Residential Land Subtotal: Abst Code 1112 Bldg# Property Type 1 2 4 5 6 Residential Out Building Residential Residential Residential Improvements Subtotal: Total Property Value Land Valuation Summary Unit of Number of Measure Units Acres 4.75 Actual Value 4.75 $142,500 Buildings Valuation Summary Actual Value Assessed Value $11,340 Assessed Value $110,816 $8,820 $253,316 $20,160 Building Details Account#: R0137989 Parcel#: 105921000027 Owners Name & Address: WILLIAMS BRIAN L & 211 GADWALL LN JOHNSTOWN, CO 80534 Building# Property Type Property Address: Street: 20300 17 CR City: WELD http://maps2.merrick. com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=10592... 2/12/2009 Identify Results Page 2 of 3 Residential Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Ranch 1 Story Frame Vinyl Drywall 1 2 1 0 0 Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1910 Forced Air 936 Composition Shingle Units: 0 Detached SQ Ft: 0 768 Finished SQ Ft: 0 Account#: R0137989 Parcel#: 105921000027 Owners Name & Address: WILLIAMS BRIAN L & 211 GADWALL LN JOHNSTOWN, CO 80534 Buildinq# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 20300 17 CR City: WELD Property Type Out Building Individual Built As Detail Barn Year Built: 1965 HVAC: None Built As SQ Ft: 1080 0 Roof Type: Gable 0 Roof Cover: 2 0 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R0137989 Parcel#: 105921000027 Owners Name & Address: WILLIAMS BRIAN L & 211 GADWALL LN JOHNSTOWN, CO 80534 Building# Property Type 4 Residential Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Property Address: Street: 20300 17 CR City: WELD Individual Built As Detail Equipment Building Year Built: HVAC: 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: 1998 Electric Radiant 2240 Gable Units: 0 http://maps2.memck.com/Website/Weld/setSg1.asp?cmd=QUERY&DET=PP&pin=10592... 2/12/2009 Identify Results Page 3 of 3 Attached SQ Ft: Basement: Total SQ Ft: Detached SQ Ft: Finished SQ Ft: Account#: R0137989 Parcel*: 105921000027 Owners Name & Address: WILLIAMS BRIAN L & 211 GADWALL LN JOHNSTOWN, CO 80534 Building* 5 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 20300 17 CR City: WELD Property Type Residential Individual Built As Detail Utility Building Year Built: HVAC: 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: 1965 None 216 Gable Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R0137989 Parcel#: 105921000027 Owners Name & Address: WILLIAMS BRIAN L & 211 GADWALL LN JOHNSTOWN, CO 80534 Building# 6 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 20300 17 CR City: WELD Property Type Residential Individual Built As Detail Utility Building Year Built: HVAC: 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: 1965 None 168 Gable Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=10592... 2/12/2009 t\t' WinG. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'" Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 7540 Fax:/970) 304-6498 • ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ❑ ZONING CODE COMPLAINT a Staff/Name 0 Citizen Other ❑ HEALTH DEPARTMENT Citizen's Name (If known): • WELD COUNTY SHERIFF'S OFFICE / ANLMAL CONTROL Phone Number (If knownV ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST Sc. WEEDS Pending Case r (i.e. USR, RE. SE. ect...): Date Complaint was received: k . ri- i L1c' Legal Description: Lek) If\ 6 QC— t t LR 62i L �- O l�� Parcel #: l --a \�) -ct"on Violation Address Property Owners Name: �t,'Z, iAn n Ate cbtxs6r.(V\ Phone: Property Owners Address: d\ k (2e i F t i L-ys a tr skticn, CU t) 11 Tenant's Name: Phone Tenants Address: NATURE OF COMPLAINT: Additional Notes: Bethany Salzman From: Sent: To: Subject: Mary Cavnah Thursday, February 12, 2009 11:55 AM Bethany Salzman 20300 WCR 17, Johnstown commercial septic permit application A septic permit has been applied for an office space with a single restroom in an existing barn on the property. The office space is for a landscaping business, Empire Landscaping, and 2 full time employees and 4 part-time employees will -use the office. There is a 2 or 3 bedroom rental home on the property. The owner is Brian Williams and his phone numbers are (H) 970-587-9770, (C) 970-576-8699. Has he applied for a USA? Mary Cavnah Environmental Health Specialist Environmental Health Services Weld County Department of Public Health & Environment 1555 N 17th Ave Greeley, CO 80631 970-304-6415, ext. 2216 (office) 970-304-6411 (fax) 1 Page 1 of 3 Westlaw Delivery Summary Report for SALZMAN,BETHANY Your Search: Date/Time of Request: Client Identifier: Database: Lines: Documents: Images: REG-AGENT-NAME(BRIAN & WILLIAMS) & STA(CO) Thursday, February 12, 2009 14:19 Mountain ZCV09-00041 CORP-ALL 45 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. https://web2.westlaw. com/print/printstream. aspx? sv=Split&prft=HTMLE&ifm=NotS et&... 2/12/2009 Page 2 of 3 Wdstlaw 20479930776 Pagel 20479930776 CORPORATE RECORDS & BUSINESS REGISTRATIONS This Record Last Updated: Database Last Updated: Update Frequency: Current Date: Source: Name: Address: Identification Number: Filing Date: Duration: Status: Business Type: Address Type: Where Filed: Name: Address: 01/22/2009 02-12-2009 WEEKLY 02/12/2009 AS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFI- CIAL SOURCE COMPANY INFORMATION EMPIRE LANDSCAPING, LLC. 20300 WELD COUNTY ROAD 17 JOHNSTOWN, CO 80534 FILING INFORMATION 20071029452 01/19/2007 PERPETUAL GOOD STANDING LIMITED LIABILITY COMPANY BUSINESS DEPT OF STATE/DIVISION OF COMMERCIAL RECORDINGS 1560 BROADWAY DENVER, CO 80202 REGISTERED AGENT INFORMATION BRIAN LEE WILLIAMS 211 GADWALL LANE JOHNSTOWN, CO 80534 AMENDMENT INFORMATION Amendments: 01/22/2009 MISCELLANEOUS FILE ANNUAL REPORT 12/23/2008 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED 12/23/2008 TO BE MAILED 01/01/2009;ANNUAL REPORT DUE: 03/31/2009 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. https://web2. westlaw.com/print/printstream. aspx?sv=Split&prft=HTMLE&ifm=NotSet&... 2/12/2009 20479930776 Page 3 of 3 Page 2 01/25/2008 MISCELLANEOUS FILE ANNUAL REPORT 12/23/2007 MISCELLANEOUS POSTCARD NOTIFICATION PRINTED 12/23/2007 TO BE MAILED 01/01/2008;ANNUAL REPORT DUE: 03/31/2008 11/26/2007 MISCELLANEOUS STATEMENT OF CHANGE;CHANGED ENTITY PHYSICAL ADDRESS; 11/16/2007 MISCELLANEOUS REGISTER A TRADE- MARK;TRADEMARK REGISTERED TO ENTITY. 07/13/2007 MISCELLANEOUS STATEMENT OF CHANGE 01/19/2007 MISCELLANEOUS FORM A LIMITED LIABILITY COM- PANY (LLC) Call Westlaw CourtExpress at 1-877-DOC-RETR (1-877-362-7387) to order copies of documents related to this or other matters. Additional charges apply. THE PRECEDING PUBLIC RECORD DATA IS FOR INFORMATION PURPOSES ONLY AND IS NOT THE OFFI- CIAL RECORD. CERTIFIED COPIES CAN ONLY BE OBTAINED FROM THE OFFICIAL SOURCE. END OF DOCUMENT 2009 Thomson Reuters. No Claim to Orig. US Gov. Works. https://web2.westlaw. com/print/printstream.aspx? sv=Split&prft=HTMLE&ifm=NotSet&... 2/12/2009 ID number: Entity name: Document processing fee If document is filed on paper If document is filed electronically Late fee if entity is in noncompliant status If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. E -Filed $100.00 $ 10.00 $ 50.00 $ 40.00 Colorado Secretary of State Date and Time: 01/22/2009 01:13 PM ID Number: 20071029452 Document number: 20091044766 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Annual Report filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S) 20071029452 Empire Landscaping, LLC. Jurisdiction under the law of which the entity was formed or registered: Colorado 1. Principal office street address: 2. Principal office mailing address: (if different from above) 20300 Weld County Road 17 (Street name and number) Johnstown CO 80534 (Province— if applicable) � (State) (Postal/Zip Code) United States (Country— fnot US) (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province — if applicable) (Country — if not US) Williams Brian Lee 3. Registered agent name: (if an individual) OR (if a business organization) (Last) (First) (Middle) (Sufix) 4. The person identified above as registered agent has consented to being so appointed. REPORT Pace I oft Rev. 07/17/08 5. Registered agent street address: 211 Gadwall Lane (Street name and number) Johnstown (City) Co (State) 80534 (Postal/Zip Code) 6. Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) Notice: (City) (State) (Portal/Zip Code) (Province —ifapplicable) (Country —if not US) Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Williams Susan Mae (Last) 211 Gadwall Ln. (First) (Middle) (Suffix) (Street name and number or Post Office Box information) Johnstown CO 80534 (City) (State) (Postal/Zip Code) United States (Province— i%applicable) (Country— if not US) (The document need not state the true name and address of more than one individual. However. if wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. REPORT Page 2 oft Rev. 07/17/08 tj 1111111111111111111111111111111111111111111111111111111 3493749 07/31/2007 09'42A Weld County, CO 1 of 1 R 6.00 0 29.85 Steve Moreno Clerk & Recorder WARRANTY DEED THIS DEED, Made this 27th day of July, 2007 between Refugia Battelle of the County of Weld and State of COLORADO, grantor, and Brian L. Williams and Susan M. Williams whose legal address is 20300 Weld County Road 17, Johnstown, CO 80534 of the County of Weld, State of Colorado, grantees: WITNESS, That the grantor, for and in consideration of the sum of Two Hundred Ninety -Eight Thousand Five Hundred Thirty -Two Dollars and 50/100's, (5298,532.50), 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 follows: Lot A of Recorded Exemption No. 1059-21-3-RE1168 recorded May 10, 1989 in Book 1232 al Reception No. 2179252 being a part of the West Half of the Southwest Quarter of Section 21, Township 4 North, Range 67 Wes tof the 6'" P.M., County of Weld, State of Colorado. also known by street and number as 20300 Weld County Road 17, Johnstown, CO 80534 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 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 soever, except all taxes and assessments for the current year, a lien but not yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected into the Title Documents accepted by Buyer in accordance with section 8a "Title Review", of the contract dated July 10, 2007, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -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 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. SELLERS: Refugia Botello #264:41 /01441 ..2S by: Maria Louisa Sanchez, attorne a fact STATE OF COLORADO }ss: COUNTY OF Weld The foregoing instrument was acknowledged before me this 27th day of July, 2007 by Maria Louisa Sanchez as attorney in fact for Refugia Botello ublic Witness my hand and official seal. it My Commission expires: WDJT Wanmty Deed to Joint Tenants Security Title File No. 50234256 I i • 1 • • MI t S to • V • P 16 a) C CD N LCD C0 a • • Hello