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HomeMy WebLinkAbout20092722.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JOHN HOYT 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, John Hoyt, ZCV #0900202, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 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, John Hoyt was 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 owner to complete the necessary fence improvements and to screen the wood, automobile parts, and debris on the property behind said fencing, in order 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 #0900202 be, and hereby is, referred to the Weld County Attorney's Office for legal action against John Hoyt 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 complete the necessary fence improvements and to screen the wood, automobile parts, and debris on the property behind said fencing, in order to bring the subject property into compliance. 2009-2722 IC: IL I L'wet, 77417 PL0824 VIOLATIONS - ZCV #0900202 - JOHN HOYT 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 WEL1 Q4 J.VTY, CQLORADO ATTEST: Weld County Clerk to t BY: Date of signature: ///q/Cy Deputy Clerk to the B William F. Garcia, Chair Douglad Rademaither, Pro -Tern Sean P. Conway Barbara Kirkmeyer EXCUSED David E. Long 2009-2722 PL0824 Violation Summary Report BASIC INFORMATION HOYT JOHN S Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: PO BOX 162 LUCERNE, CO 80646 Ann Siron ZCV09-00202 18929 HWY 392 13702 L8-10-12-14 BLK2 NORTH GREELEY SITUS: 18929 392 HWY WELD 80646 Location North South East West North of and adjacent to Hwy 392 and directly East of Hwy 85 Ag & C-3 Zone Districts Ag & C-3 Zone Districts Ag Zone Districts Ag & C-3 Zone Districts Parcel Number: 080318006002-R1262086 Acreage: 0.31 Certified Mail Date: 08/26/2009 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. 23-3-30.1 Noncommercial Junkyard. 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. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth , rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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 2009-2722 Violation Summary Report surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. REMEDY FENCING ON THE WEST IS ACCEPTABLE BUT INCOMPLETE AND THERE IS A TRAILER WITH A TRAILER ON TOP OF IT, A TRAILER FILLED WITH DEBRIS AND A TRASH PILE. ON THE SOUTHSIDE OF THE PROPERTY THE FENCING IS NOT ACCEPTABLE. EVERYTHING OUTSIDE OF THE PERMANENT FENCE AND UNDER TARPS SHALL BE PUT BEHIND PLANNING APPROVED SCREENING OR REMOVED. RECOMMENDATION THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THIS CASE BE REFERRED TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION. LETTER HISTORY 07/06/2009 Complaint Validated 07/06/2009 LTTR: 5 Day Letter 07/21/2009 LTTR: Violation Notice 08/26/2009 LTTR: Hearing Notification OTHER CASE HISTORY 07/02/2009 Property Inspected 07/28/2009 Phone Call 08/24/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: 8+ DERELICT VEHICLES AROUND THE HOUSE, TRAILERS, AUTOMOBILE PARTS, WOOD AND MISCELLANEOUS DEBRIS. RECEIVED A PHONE CALL FROM JOHN. HE SAID THAT HE WAS WORKING ON THE PROPERTY. HE WAS PUTTING UP A TEMPORARY FENCE AROUND SOME CARS. I TOLD HIM THAT WITH THIS BEING HIS 3RD OR 4TH VIOLATION, ALL FENCING WOULD NEED TO BE PERMANENT. HE SAID HE COULE HAVE ALL THE CARS REMOVED IN THE NEXT TWO WEEKS. I TOLD HIM HE HAD UNTIL AUGUST 21 SO TO GIVE ME A CALL AT THAT TIME OR SOONER. HE SAID HE WOULD. UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: FENCING ON THE WEST IS ACCEPTABLE BUT INCOMPLETE AND THERE IS A TRAILER WITH A TRAILER ON TOP OF IT, A TRAILER FILLED WITH DEBRIS AND A TRASH PILE. ON THE SOUTHSIDE OF THE PROPERTY THE FENCING IS NOT ACCEPTABLE. EVERYTHING OUTSIDE OF THE PERMANENT FENCE AND UNDER TARPS SHALL BE PUT BEHIND PLANNING APPROVED SCREENING OR REMOVED. age COLORADO August 26, 2009 HOYT JOHN S PO BOX 162 LUCERNE, CO 80646 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Case: ZCV09-00202 Legal Description: 13702 L8-10-12-14 BLK2 NORTH GREELEY SITUS: 18929 392 HWY WELD 80646 Dear HOYT JOHN S: The property referenced above remains 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 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. 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. 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. Page 1 of 2 1111De COLORADO WELD COUN or PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth , rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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: FENCING ON THE WEST IS ACCEPTABLE BUT INCOMPLETE AND THERE IS A TRAILER WITH A TRAILER ON TOP OF IT, A TRAILER FILLED WITH DEBRIS AND A TRASH PILE. ON THE SOUTHSIDE OF THE PROPERTY THE FENCING IS NOT ACCEPTABLE. EVERYTHING OUTSIDE OF THE PERMANENT FENCE AND UNDER TARPS SHALL BE PUT BEHIND PLANNING APPROVED SCREENING OR REMOVED. BECAUSE THE PROPERTY HAS BEEN IN VIOLATION FOR THE SAME THING ON SEVERAL OCCASSIONS THIS CASE WILL REMAIN OPENED FOR AN UNDETERMINED AMOUNT OF TIME TO ENSURE CONTINUOUS COMPLIANCE. 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, oACY Ann 'Siron Zoning Compliance Officer pc: ZCV09-00202 Page 2 of 2 r -r, r m o, m D O 0 Return Receipt Fee (Endorsement Required) U.S. Postal Service,M CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance. Coverage Provided) Postage Certified Fee Restricted Delivery Fee .0 (Endorsement Required) R uT 0 0 Sent To Sit:tI Street, Apt. No., or PO Box No. Cly, State, ZIP.4 LU Total Postage & Fees I $ A l PS' Form 3800tJune 2002 SENDER: COMPLETE THIS SECTION Postmark Here X 1La me �• ■ 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: John ko4+ X itpa Likeerne, Qc gOc�y� .Y See 'Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY A. Signature ❑ Agent XWeld County Planning Department ED Addressee B. Receivel@EHI['Eati„,ifeJOE C. Date of Delivery D. Is deliver l�r' Adi ESRm item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. rvice Type Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7005 1160 0001 4539 3755 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ‘estir. 11011c July 21, 2009 HOYT JOHN S PO BOX 162 LUCERNE, CO 80646 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Maitasiron@co.weld.co.us Case: ZCV09-00202 Legal Description: 13702 L8-10-12-14 BLK2 NORTH GREELEY SITUS: 18929 392 HWY WELD 80646 Dear: HOYT JOHN S : 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. 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. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; Page 1 of 2 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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: THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, TRAILERS, CAMPER/TRAILERS, AUTOMOBILE PARTS, WOOD AND MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED OR COMPLETELY AND PERMANENTLY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. BECAUSE THE PROPERTY HAS BEEN IN VIOLATION FOR THE SAME THING ON SEVERAL OCCASSIONS THIS CASE WILL REMAINED OPENED FOR AN UNDETERMINED AMOUNT OF TIME TO ENSURE CONTINUOUS COMPLIANCE. 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 08/21/2009, 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, Ann Siron Zoning Compliance Officer pc: ZCV09-00202 Page 2 of 2 ‘atit; hiDeCOLORg July 06, 2009 HOYT JOHN S PO BOX 162 LUCERNE, CO 80646 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Case: ZCV09-00202 Legal Description: 13702 L8-10-12-14 BLK2 NORTH GREELEY SITUS: 18929 392 HWY WELD 80646 Dear HOYT JOHN S: 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 PRESENCE OF A DERELICT VEHICLES, AUTOMOBILE PARTS (SOME NOT APPROPRIATELY SCREENED) TRAILERS AND OTHER MISCELLANEOUS DEBRIS THAT MAY BE IN CONNECTION TO A COMMERCIAL AUTOMOBILE OPERATION. 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, Ann Siron Zoning Compliance Officer pc: ZCV09-00202 Page 1 of 1 i&tt:r4 Wine COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: 7P V 0 -O(5,2 CC7 ZONING CODE COMPLAINT ❑ staffYName 0 Citizen 0 Other. ❑ HEALTH DEPARTMENT citizens Name (If knownt- ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number( If known) ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: Violation Address: Date Complaint was received: 'a %—o9 Lci-/t "/2-H j/k a AL rC�/ey Parcel#: ir3 1 g -n -o& -e02 890`” gity39,2 L&fern, *` Property Owners Name: Phone: Property Owners Address: Po 2,n)< 11.02 LL( ei %1Z.0 C • a rO(n yh Tenant's Name: Phone: Tenant's Address: NATURE OF • COMPLAINT: lQ f r t LLB / L/ (u / 71.ZZ /ROLL(r���J� Additional Notes: Identify Results Page 1 of 2 Account#: R1262086 x Tax Area: 3885 Acres: 0.31 Township Range Section Quart. Sec. 06-65-18-0 Owners Name & Address: HOYT JOHN S PO BOX 162 LUCERNE, CO 80646 Business/Complex: Sale Date 5/9/1997 WELD COUNTY ASSESSOR PROPERTY PROFILE Sale Price $48,500 Parcel#: 080318006002 Bordering County: Subdivison Name Block# Lot# NORTH GREELEY - 2 - 8 Property Address: Street: 18929 392 HWY City: WELD Sales Summary Deed Type WD Legal Description Reception # 2547490 13702 L8-10-12-14 BLK2 NORTH GREELEY SITUS: 18929 392 HWY WELD 80646 Land Type Residential Land Subtotal: Bldg# Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Account#: R1262086 Owners Name & Address: HOYT JOHN S PO BOX 162 LUCERNE, CO 80646 Building# 1 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Units Square Feet 13381 Actual Value Assessed Value 13381 $30,107 $2,400 Buildings Valuation Summary Building Details Property Type Residential Actual Value Assessed Value $87,227 $6,940 $117,334 $9,340 Property Address: Street: 18929 392 HWY City: WELD Individual Built As Detail 2 Story Year Built: Frame Siding HVAC: 1889 Forced Air Parcel#: 080318006002 http://maps2.merrick.com/W ebsite/Weld/setSgl. asp?cmd=QUERY&DET=PP&pin=08031... 6/29/2009 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Drywall 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 2208 Composition Shingle 0 http://maps2.merrick.com/W ebsite/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=08031... 6/29/2009 -d at o'clock ti 90 U023461A97 cal 2547490 B-1605 P-370 05/09/1997 04:31P PG 1 OF I REC =Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00 WARRANTY DEED THIS DEED, Made this 9th day of May between Leonard F. Amendo la ,19 97, of the County of We ldCre and State of Colorado grantor, and John-cHoyt DOC 4,85 whose legal address is 18929 Weld County Road 392, Lucerne, CO 80646 of the County of Weld and State of Colorado grantee: WITNESSETH, That the grantor. for and in consideration of the turn of FORTY EIGHT THOUSAND FIVE HUNDRED AND NO/100- DOLLARS,($48,500.00 ), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents dues 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 beingin the- County of Weld , and State of -Colorado: described as follows: Lots 8, 10, 12 and 14, Block 2, Town of North Greeley, County of Weld, State of Colorado also known by street and number as 18929 Weld County Road 392, Lucerne, Colorado 80646 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 grantee, his heirs and assigns forever. And the grantor, fur 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 shove 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 for taxes for the current year, a lien but not yet due or payable, easements, restrictions, reservations, covenants and rights -of -way of record, If any, . The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses- sion of th his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The sin War n ber shall include plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN W 1[: W$E1 OF tor has executed this deed on the date set forth above, STATE OF COLORADO COUNTY OF WELD nard F. Amendn1 The foregoing instrument was acknowledged before me this 9th_ day. of May .1997 , by. Leonard F. Amendo la My Commission expires: July 15, 19 7`<': imess and and nMcial s �/�j�i WALKEsi I i ( X� LX'c_— Notary Public ---.-. .! T�e{r ie Walker WARRANTY DEED (for photographic Record) File* 0023451A97 • • ? ', •�. m - �. Hello