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HomeMy WebLinkAbout20090069.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MARK AND PATRICIA STOAKS 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, Mark and Patricia Stoaks, ZCV #0800288, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 13th day of January, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Mark and Patricia Stoaks 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 February 13, 2009, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights -of -way 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 #0800288 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Mark and Patricia Stoaks 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 February 13, 2009, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights -of -way to bring the subject property into compliance. oe IL, vice_ 2009-0069 PL0824 aka VIOLATIONS - ZCV #0800288 - MARK AND PATRICIA STOAKS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of January, A.D., 2009. ATTEST: Weld County Clerk to BY. Deputy Cle to the Board APPROVED AS,TO torney Date of signature BOARD OF COUNTY COMMISSIONERS WELD COU TO William F. Garcia, Chair Douglas Radema her, Pro-Tem See -n P. Conway arbara Kirkmeyer Davi 2009-0069 PL0824 Vir'ation Summary Report BASIC INFORMATION STOAKS MARK & PATRICIA Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: P 0 BOX 284 FORT LUPTON, CO 80621-0284 Bethany Salzman ZCV08-00288 7610 HENRY ST 2AR27-4 L4 BLK27 2ND ARISTOCRAT RANCHETTES SITUS: 7610 HENRY ST WELD 00000 Location South of and adjacent to CR 18, East of and adjacent to CR 31 and North of and adjacent to CR 16 North Agriculture with residences South Industrial plant / Agriculture East Agriculture West Agriculture with minimal residences Parcel Number: 130927119001-R5207186 Acreage: 1.02 Certified Mail Date: 11/19/2008 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. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. REMEDY As I indicated in my initial letter, while the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and tires is an allowed use within an Agriculturally zoned subdivision, such as Aristocrat Ranchettes, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. 2009-0069 Violation Summary Report RECOMMENDATION The Department of Planning Services recommends this case to be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 10/02/2008 Complaint Validated 10/02/2008 LTTR: 5 Day Letter 10/09/2008 LTTR: Violation Notice 11/19/2008 LTTR: Hearing Notification OTHER CASE HISTORY 09/26/2008 Property Inspected 10/07/2008 Phone Call 10/20/2008 Phone Call 10/21/2008 Phone Call 11/14/2008 Property Inspected 11/24/2008 Certified Mail Receipt Upon a visual inspection of the property, the following items were noted: derelict vehicles. No pictures were taken during this inspection. Mark Stoaks (303-359-2248 - Patty's cell) called and left a voice mail asking me to call his wife and explain what is going on. He said he is not starting a "commercial" junkyard. 10/08/08 - I attempted to contact Patty @ 303-359-2248. I left a message advising her that I was returning her husbands call and asking her to return my call. Michelle Stoaks (daughter) (303-902-4561) called. She asked me to explain what the violation was in reference too. I did. She said she thought the only vehicle I could be talking about is her 84" Camero. She said it doesn"t have current license plates. She said she is going through a divorce and financially didn"t have the money to spend on putting current tags on it. She asked if I could meet her out there and point out any issues. I told her I would be glad too. We scheduled an inspection for 10/22/08 @ 11:00. Michelle Stoaks (daughter) called again. She said there really wasn"t a need for me to do an inspection. They were just going to get rid of all Derelict Vehicles. She said she would call me as soon as they were done, but a week or 2 they should be done. Upon a visual inspection of the property, the following items were noted: apparent derelict vehicles and tires. No pictures were taken during this inspection. Certified Receipt received - Signed 4'eft WIDc WIAR,lD0 November 19, 2008 STOAKS MARK & PATRICIA P O BOX 284 FORT LUPTON, CO 80621-0284 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: ZCV08-00288 Legal Description: 2AR27-4 L4 BLK27 2ND ARISTOCRAT RANCHETTES SITUS: 7610 HENRY ST WELD 00000 Dear STOAKS MARK & PATRICIA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 01/13/2009 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. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment. as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding Page 1 of 2 4(74 11111De 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 uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter, while the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and tires is an allowed use within an Agriculturally zoned subdivision, such as Aristocrat Ranchettes, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. 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, . ethany Salzman Zoning Compliance Officer II pc: ZCV08-00288 0001 4539 3007 D -n rR Ln D O N US. Postal ServiceTM CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Sent To r`‘`�^+� -' I Street, AP! Ala: .sir x et l or PO Box No, Ciq'. State. ZIP+4 X _.Otis{ ton (c Page 2 of 2 SENDER: COMPLETE THIS SECTION • 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. Weld COMPLETE THIS SECTION ON DELIVERY 1. Article Addressed to: Turbo( DS R EC E____ I VED _ Too, t'h ItAD 3. Service Type X Certified Mail ❑ Registered ❑ Insured Mail A. Signa X //f "Agent ./le( O Addressee 67 B..ABeceived by (Printed I en ' 0V 7 4 2008 160 e) i C. Date f Delivery $ i .6l.'1 ief ererif rem Item 17 Y s Ery address below: ❑ No pZt -02-81 ❑ Express Mail ❑ Retum Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7005 1160 0001 4539 3007 Domestic Return Receipt 102595-02-M-1540 (4114:'; hiDe COLORADO October 09, 2008 STOAKS MARK & PATRICIA P O BOX 284 FORT LUPTON, CO 80621-0284 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: ZCV08-00288 Legal Description: 2AR27-4 L4 BLK27 2ND ARISTOCRAT RANCHETTES SITUS: 7610 HENRY ST WELD 00000 Dear: STOAKS MARK & PATRICIA : 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. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: Page 1 of 2 4*"}; WECYcCOLORADO 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 Based upon your message, I am not suggesting the presence of a "commercial" junkyard, only the presence of a "Noncommercial" junkyard (meaning private). As I indicated in my initial letter, while the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES is an allowed use within an Agriculturally zoned subdivision, such as Aristocrat Ranchettes, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. 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 11/10/2008. 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: ZCV08-00288 al\51\0(1 Page 2 of 2 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 October 02, 2008 STOAKS MARK & PATRICIA P O BOX 284 FORT LUPTON, CO 80621-0284 Case: ZCV08-00288 Legal Description: 2AR27-4 L4 BLK27 2ND ARISTOCRAT RANCHETTES SITUS: 7610 HENRY ST WELD 00000 Dear STOAKS MARK & PATRICIA: 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: While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES is an allowed use within an Agriculturally zoned subdivision, such as Aristocrat Ranchettes, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. Otw hiDe 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 definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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, Thal ethany Salzm'al Zoning Compliance Officer II pc: ZCV08-00288 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5207186 Parcel#: 130927119001 Tax Area: 2241 Bordering County: Acres: 1.01 Township Range Section Quart. Sec. 02-66-27--1 Owners Name & Address: STOAKS MARK W & P 0 BOX 284 FORT LUPTON, CO 80621-0284 Additional Owners: STOAKS STOAKS PATRICIA F Business/Complex: Sale Date Sale Price $0 Subdivison Name Block# Lot# ARISTOCRAT RANCHETTES 2ND FG - 27 - 4 Property Address: Street: 7610 HENRY ST WELD City: WELD Legal Description Sales Summary Deed Type Reception # 2AR27-4 L4 BLK27 2ND ARISTOCRAT RANCHETTES SITUS: 7610 HENRY ST WELD 00000 Land Type Residential Land Subtotal: Bldg# 1 2 Abst Code 1112 Property Type Residential Out Building Improvements Subtotal: Total Property Value Land Valuation Summary Unit of Number of Measure Units Site Buildings Valuation Summary Actual Value $60,000 Actual Value $120,856 $180,856 Assessed Value $4,780 Assessed Value $9,620 $14,400 Building Details Account#: R5207186 Parcel#: 130927119001 Owners Name & Address: STOAKS MARK W & P 0 BOX 284 FORT LUPTON, CO 80621-0284 Building* 1 Property Address: Street: 7610 HENRY ST WELD City: WELD Property Type Residential http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 10/1/2008 Identify Results Page 2 of 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Bi Level Frame Hardboard Drywall 1 2 2 0 Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1981 Electric Baseboard 960 Composition Shingle Units: 0 Detached SQ Ft: 960 Finished SQ Ft: Account#: R5207186 Parcel#: 130927119001 Owners Name & Address: STOAKS MARK W & P O BOX 284 FORT LUPTON, CO 80621-0284 Building# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 7610 HENRY ST WELD City: WELD Property Type Out Building Individual Built As Detail Shed - Utility Year Built: HVAC: Built As SQ Ft: O Roof Type: O Roof Cover: 0 O Units: Detached SQ Ft: Finished SQ Ft: 1981 None 1 0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 10/1/2008 WIDc. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'a Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT '. Staff/Name: 0Citizen • Other: ❑ HEALTH DEPARTMENT Citizen's Name Of known).• ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Date Complaint was received: " I Pending Case # (i.e. USR, RE, SE, ect...): II —Of IA 1 t:\rc ac, al � Ikv� 51 Zr�ct l acv Legal Description� C!tL�t" �"�p"`( rat varcel #: I ��- - I \9"cei Violation Address: 1Lr\C) Y\C"1-- Property Owners Name: r, 3>,C V4r\t Property Owners Address: Tenant's Name: Phone: Pc "bx ix 3St-k i ltc.j.Arm I Le rc pz,I CISci Tenant's Address: Phone: NATURE OF COMPLAINT: j a2' f F C \ic \ lA (U ) Additional Notes: AR2130064 State of Colorado • r Joint Tenancy Deed FHA Casa No. 051-377922-203 B 1184 REC 02130064 02/04/88 16:17 $6.00 1/002 F 2131 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO This Deed, Made this party of the first part. and party(ies) of the second part. Witnesseth: That the said party of the first part. for and in consideration of the sum of/Ten Dollars ($10.00) and other good and valuable considerations. to the said party of the first pert in hand paid by the said party(ies) of the second part. the receipt whereof is hereby confessed and acknowledged. has granted. bargained. sold and conveyed and by these presents does grant. bargain. sell. convey and confirm unto the said party(ies) of the second part. their heirs and assigns. forever, the following described lot, piece or parcel of land situate in the County of Wel d . State of Colorado. to wit: 29th day of January l9. 88 between Samuel R. Pierce, Jr., . as Secretary of Housing and Urban Development, of Washington. D.C.. Mark W. Stoaks and Patricia F. Stoaks, Joint Tenants Lot Four (4), in Block Twenty-seven (27), Aristocrat Ranchettes Subdivision Second Filing, County of Held State of Colorado, as per map filed February 25, 1963 under Reception No. 1401906, and Affidavit of Correction, recorded October 15, 1971 in Book 655 under Reception No. 1577027, Weld County Records. 40 S Also known by street and number as: 7610 Henry Street Fort Lupton, Colorado 80621 Being the same property acquired by the party of the first part pursuant to the provisions of the National Housing Act. as amended (12 U.S.C. § 1701) and the Department of Housing and Urban Development Act (42 U.S.C. § 3531). Together with all and singular the hereditaments and appurtenances thereunto belonging. or in any wise 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 said party of the first part, either in law or equity. of, in and to the above bargained premises, with the hercditaments and appurtenances: To Have and To Hold the said premises above bargained and described with the appurtenances unto Mark W. Stoaks and Patricia F. Stoaks, Joint Tenants the said partylies) of the second part, their heirs an assigns forever. .-Subject to AU covenants. restrictions. reservations. casements, conditions and rights appearing of record: and Subject to any state of facts 'an -accurate surveyWould show, • And the said.,party,of_the first part, for himself and his successors, convenants and agrees to and with the said party(ies) of the second part. the.1 r heirs'ad assigns, the above bargained premises in the quiet and peaceable possession of the said party(ics) of the second part. their hair: and a>signsi against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by. through or under the said party, of the firs part, to Warrant and forever Defend. in Witness Whereof the undersigned has set his hand and seal as Supervisory Realty Specialist HUD Office. Denver. Colorado, for and on behalf of the -said Secretary of Housing and Urban Development under authority and by virtue of 35 Fed. Reg. 16106 (10/14/70). as amended. Witnesses: Secretary of Housing and Urban Development By: (SEAL) Thomas D. Roberts, Supervisory Realty Specialist (TITLE) HUD Office,.Denver, Colorado 1405 Curtis Street Previous Edition is Obsolete HUD- 91805-JTD (10-85) Reprinted 6-87 B 1184 REC 02130064 02/04/88 16:17 $6.00 2/002 F 2132 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO State of Colorado County of Denver „ The foregoing instrument was acknowledge before me this 29th day of January,198$ by Thomas D. Roberts who is personally well (known to me to be the duly appointed Supervisory Realty Specialist orticcc,,Dcogerr,Colorado, and who executed said instrument by virtue of the authority vested in him by virtue of 35 Fed. Reg. 16106 i Ip).1 Ri8 aseiryibrtjcd. For and on behalf of Samuel R. Pierce, Jr. $ccrctary of Housing and Urban Development. \A,t1,rmy hacS�nd official seal Q . Notary Public HUD /e --e6-747.5 �2- ?( 01 f .24 t1 v N • • i 1 tit 1 � 0 . 4 , 1 1 f I I 4 I Si i • 4 i • 0.1 • • ,t. • 1 • ,• pp . • • • (t • • • •„ • t 7 4 II 4 1 I • !I 4 J' / • 4 Hello