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HomeMy WebLinkAbout20082145.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800012 AGAINST SALLY DURAN 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,Sally Duran,ZCV#0800012, 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 12th day of August, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,Sally Duran 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Sally Duran 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. 2008-2145 PL0824 VIOLATIONS - ZCV#0800012 - SALLY DURAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of August, A.D., 2008. BOARD OF COUNTY COMMISSIONERS J�a� , WELD COUNTY, COLORADO ATTEST: �G"'� f�o'ti �` isei � ��: ��� W iam H. Jerke, Chair Weld County Clerk to t - . . iasRobert . Nlasden, Pro-Tem Deputy Clerk the Board (/ (� - William F. Garcia APP AS EXCUSED David E. Long punt t ey Douglas R demacher Date of signature: R/a0/09 2008-2145 PL0824 Violation Summary Report BASIC INFORMATION DURAN SALLY 300 N 21 AVE GREELEY, CO 80631 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00012 Situs Address: Legal: 13835 S3 ACRES L3 SE4SW4 31 6 65 N OF RR SITUS: 300 N 21 AV WELD 00000 Location: Location North of and adjacent to C Street and directly West of North 17th Avenue North Some Agriculture, R-1 and 1-3 zone districts and City of Greeley South City of Greeley East Some Agriculture and City of Greeley West Some Agriculture, R-1 and 1-3 zone districts and City of Greeley Parcel Number: 080331300021-R1283886 Acreage: 2.72 Certified Mail Date: 07/15/2008 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. 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 ohter 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; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. REMEDY 2008-2145 Violation Summary Report THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES AND POSSIBLY SOME MISCELLANEOUS DEBRIS SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action LETTER HISTORY 01/09/2008 Complaint Validated 01/15/2008 LTTR: 5 Day Letter 01/23/2008 LTTR: Violation Notice 07/15/2008 LTTR: Hearing Notification OTHER CASE HISTORY 01/09/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SEVERAL DERELICT VEHICLES. 01/23/2008 Phone Call RECEIVED PHONE CALL FROM PROPERTY OWNERS SON, ROBERT DURAN. HE SAID THAT HE WOULD CLEAN UP THE PROPERTY BUT HIS MOTHER HAS DEMENSIA AND HE IS 70 YEARS OLD HIMSELF AND WAS CONCERNED ABOUT MEETING THE DEADLINE. I SAID HE COULD HAVE 60 DAYS BUT ADDITIONAL TIME WOULD NEED TO BE GRANTED BY THE COUNTY COMMISSIONERS. 07/14/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: A FEW DERELICT VEHICLES WERE SPOTTED ON THE NORTH END BY A BARN, BUT CAN NOT VERIFY FOR SURE. REQUEST AN ON-SITE INSPECTION PRIOR TO CLOSING THE VIOLATION. 'Arc ft VIII WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St iiiig C Greeley, CO 80631 FAX:9: 0304-6 98 x3566 FAX:970-304-6498 E-Mail: asiron@co.weld.co.us COLORADO July 15, 2008 DURAN SALLY 300 N 21 AVE GREELEY, CO 80631 Case: ZCV08-00012 Legal Description: 13835 S3 ACRES L3 SE4SW4 31 6 65 N OF RR SITUS: 300 N 21 AV WELD 00000 Dear DURAN SALLY: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 08/12/2008 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 rift t� WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 /� Phone: 970-353-6100 x3566 V FAX:970-304-6498 E-Mail: asiron@co.weld.co.us COLORADO JUNK: Scrap brass, iron, lead, tin, zinc; all ohter 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; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES AND POSSIBLY SOME MISCELLANEOUS DEBRIS SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. I AM NO LONGER ABLE TO GRANT ADDITIONAL EXTENSIONS AND REQUESTS FOR SUCH SHALL BE MADE TO THE BOARD OF COUNTY COMMISSIONERS THROUGH A VIOLATION HEARING. AN ON-SITE INSPECTION SHALL BE SCHEDULED AND CONDUCTED PRIOR TO THE CLOSING OF THIS VIOLATION. IF THIS HAS BEEN COMPLETED BEFORE AUGUST 11, 2008 THE CASE WILL BE REMOVED FROM THE DOCKET; OTHERWISE HEARINGS WILL CONTINUE AS SCHEDULED. 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, Ann Siron _JJ Zoning Compliance Officer pc: ZCV08-00012 Page 2 of 2 DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10th Street CO Greeley, C 80631 Email Address: asiron@co.weld.co.us Phone Number: 970-353-6100 x3566 ge C Fax Number: 970-304-6498 SOUTHWEST OFFICE s OB 4209, COR 4 J./lJ Longmont, C 80504 Phone: (720)652-4210, Ext 8730 Fax: (720) 652-4211 January 23, 2008 DURAN SALLY 300 N 21 AVE GREELEY, CO 80631 Legal Description: ZCV08-00012 13835 S3 ACRES L3 SE4SW4 31 6 65 N OF RR SITUS: 300 N 21 AV WELD 00000 Dear: DURAN SALLY: 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. 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; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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 berm_ .sr 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 AND POSSIBLY SOME MISCELLANEOUS DEBRIS SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. 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 03/28/2008, 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, Ann Siron Zoning Compliance Officer pc: ZCV08-00012 Department of Planning Services Bruce Barker, County Attorney DE RTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 Email Address: asiron@co.weld.co.us Phone: 970-353-6100 x3566 Fax: 970-304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 CO=LORADO Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 January 15, 2008 DURAN SALLY 300 N 21 AVE GREELEY, CO 80631 Legal Description: ZCV08-00012 13835 S3 ACRES L3 SE4SW4 31 6 65 N OF RR SITUS: 300 N 21 AV WELD 00000 Dear DURAN SALLY: 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: A NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES. DERELICT VEHICLES SHALL BE REMOVED, RESTORED OR COMPLETELY 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. 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, ex- Ann Siron V6\DCf-V 35a- cSDS41 Zoning Compliance Officer pc: ZCV08-00012 Cd\ : r}DS '1523 Department of Planning Services Bruce Barker, County Attorney Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1283886 Parcel#: 080331300021 Tax Area: 0604 Bordering County: 1 /:'(^ i ' Acres: 3 L �' Township Range Section Quart. Sec. Subdivison Name Block# Lot# 06 - 65 - 31 - 3 UNION COLONY LANDS - SE/SW - 3 Owners Name &Address: Property Address: DURAN SALLY Street: 300 N 21 AV WELD 300 N 21 AV City: WELD GREELEY, CO 80631 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 13835 S3 ACRES L3 SE4SW4 31 6 65 N OF RR 300 N 21 AV WELD 00000 Land Valuation Summary Land 7 e Abst Code Unit of Number of Assessed yp Measure Units Actual Value Value Residential 1112 Acres 3 Land Subtotal: 3 $60,000 $4,780 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Residential 3 Out Building Improvements Subtotal: $259,112 $20,630 Total Property Value $319,112 $25,410 Building_Details Account#: R1283886 Parcel#: 080331300021 Owners Name &Address: Property Address: DURAN SALLY Street: 300 N 21 AV WELD 300 N 21 AV City: WELD GREELEY, CO 80631 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1966 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pi... 12/03/2007 Identify Results Page 2 of 2 Exterior: Frame Masonry Veneer HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 2258 # of Baths: 2 Roof Type: # of Bdrms: Roof Cover: Composition Shingle # of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: 743 Detached SQ Ft: 576 Basement: Total SQ Ft: Finished SQ Ft: Account#: R1283886 Parcel#: 080331300021 Owners Name &Address: Property Address: %DURAN SALLY Street: 300 N 21 AV WELD 300 N 21 AV City: WELD GREELEY, CO 80631 Building# Property Type 2 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1942 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1005 # of Baths: 1 Roof Type: # of Bdrms: Roof Cover: Composition Shingle # of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R1283886 Parcel#: 080331300021 Owners Name &Address: Property Address: DURAN SALLY Street: 300 N 21 AV WELD 300 N 21 AV City: WELD GREELEY, CO 80631 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1982 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 1200 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pi... 12/03/2007 Sally Duran 30O North 21ST venue - 212 established in July 1995 for a NC Junkyard, no evidence of Closure Note: this is on Lot 3 of UCSubdivision SE SW 31-6-65 Abstar Diengdoh 322 North 21ST Avenue C\tea VI-O2211 established in July 1995 for a MH without permits, no evidence of Closure Note: this is on Lot 3 of UCSubdivision SE SW 31-6-65 _ - I .... .... .. %. .' 4. if/ • • 1 • • i.2 a) = r ct , ii 4 N ,J , 4. a) pi . *w a : ry rC / it e `` I P j o- N ,� U A ler P ' • t lS Y� t1 rr /r ti 1' - t i' . i, : . -'T :t } U) c� o D /I. 1 `. t ,{.. , .' +t E .lJi�.•'�V✓W ,•4+ #J - y } Aa•-,. -. . - - ri. 14 J.it...t r.• it; :-...„.. • • • - . ,.. , 4 I P � d,f� ' t a • - 1 �. - X14 :•t , 1 _ w • AP!rrl - / • • , • 1 r' �w -.M f[. 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I' rf{• +-rs - . . i ••♦' iI 4 't ,. ryc . 1 • • 21ST __ _ _ p `� Y/ "1 rJ' - • lT 'e =Y- '- •.M1rJ,A•.T __ r .••F-.iw.w 7---4,—. . f._ '..1:4.--:" ..-.- _. _. n _ -•y .I.! 4* .d . • ti1, ''��lyy,,?yy?!!'�.•"��; La '� ti ,'$' •f• ;%'n , ♦ f F,� �,�,y� ,�xt i:' r} �'••~ '• 1 } • r, ••• ,.y. 3 e4�' s 2X , �y; '•. —S'r'fS v" _.. ._ .-f6:iY '' .- l• -'- - '�i • , ! , I U• 0w , } II4. I t 'rlrY r Y Y Wtit* S '\��N DEPARTMENT OF PLANNING SERVICES Core Comoll nce Envision N b 0'r ` met. ‘Os:, CO 80cE' WillecPnon5 rc, O _I 510C. HI IlI4C. Fa 0, 30 '9I COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Comniaent Ini::ared 1w: ZONING CODE COMPLA1NT - Staff/Name D a ;.zen M Ocher = HEALTH DEPARTMENT CGttz S Name(If known. WELD COLTNTY SHERIFFS OFFICE ) ANIMAL CONTROL Phone Nzmbzr(Ii known BUILDING CODE COMPLAINT = PUBLJC WORLS i PEST £c WEEDS Date Comnia= was receives Tends-as Case r(La. USE RE SE.ems.l:AV z ///�� pp Legal Description. L� Ss �5�Y] 3) _ _ IDS Parcela�rccel r: Og � �3 I' 3-c`0at'�77 1 Violator Address. 2/ S*aac 1�7 nee /t/ l/CJ *C)(CZ Pi or On:lers Name: ; Sally ,�ci a/7 Phone: Tenant s Name: Phone Tenant's Address: NATURE O` COMPLAINT tddi:ional Noses k M.. AR24332&6 _24332b_ R-1486 P-469 04/07/95 03:42P PG I OF . REC DOC I— Weld County CO Clerk & Recorder 10.00 Co-PERSONAL REPRESENTATIVE'S DEED (Testate Estate) ' THIS DEED is made by Robert Duran and Joann Castle as Co—Personal Representatives Aarpreyggif3f R11gt1kYlb1117f of the Estate of D. L. Duran, also known as Domingo L. Duran ,deceased,Grantors to Sally Duran •Grantee, whose legal address is 300 N. 21st Ave. . Greeley. CO 80631 of the 'County of Weld ,State of col nraan WHEREAS,the Last Will and Testament of the above.named decedent was made and executed in the lifetime of the decedent,and is dated March 20 , 19 92 ,which Will was duly admitted to fflaltattginformal) i probate on Al9ust 11 )19 91 ,by the__Dl str.in Court in and for the CountYy�,1o�f g q Weld ,State of Colorado,Probate No.93 PR 240 , WHEREASLGrantorsft 11a1y appointed,Personal Representaliveof said Estate onAuquSt 11, 19 93 ,anNifeow qualified and acting in said capacity. NOW THEREFORE,pursuant to the powers conferred upon Grantor lay the Colorado Probate Code,Grantorsdoesx hereby sell,convey,assign,transfer and set over unto said Grantee MK]b1hYkKhitg,4R NfpdOURD4Klfd5YiKdtaGeKKP RIOKat94K'x (As the person entitled to distribution of the property in the above captionedWill)•• the following described real property situate in the _ County of ,State of Colorado: See attached Exhibit A 1. I I With all apPurlenances,}DenjeMtneRvAK401$Xellag etICer bNeSkriC(4(StR6.T1 141OC0d}SMbICFIC10:440 10. 1(IXII%$ RR45)(9tAbc 17:4CiAt XXXXK744KC44MIC minkgrlIf]+adik X10(gOliK35tlKdlKITAIES a5xafaitiEpxd taldtigatX i/Executed 4.4.10/I 3d ,19 9? 2 Ro rt Duran 5 nn Castle I. Co- Personal Representaliveaf the Estate of D. L. Duran, also known I as Domingo L. Duran ,Deceased II STATE OF COLORADO 1st. COUNTY OF Weld 1 9 The foregoing instrument was acknowledged before me this 3O day of � f ,19 , by,, Robert Duran and Joann Castle, and each of them, as/rersonat Representativessf the Estate of D. L. Duran, also known as Domingo L. Duran ,Deceased. Witness my hand and official sell. `:'` �•._' H My commission expires'. ./.LA2-e_s Z 3Zire i O j 9l in Norm boat'YIN mT' (-i I "Sink....required T I: Naar . LYurcrM nun.grew,Coxing Newly CrmM Legal De dawn II Jv.),i06f t It S.I ,. CPC16.Res.11.92. PERSONAL REPRESENTATIVES DUD(Intact) I o' &milord Publishing.I]e5 Ws=Si..Denier,CO 60202—(2051291-2500—12-92 Copyright IPS' FXHIBIT A The undivided 1/2 interest of the decedent in and to: Lot Three (3) of the East Half (E1/2) of the Southeast Quarter(SE1/4) of the Northeast Quarter (NE1/4) of Section One (1), Township Five (5) North, Range Sixty-six (66) West of the 6th P.M., EXCEPT the West 50 feet thereof. Subject to right of way for driveway for ingress and egress to Lot Four (4) of the West Half (W1/2) of the Southeast Quarter(SE1/4) of the Northeast Quarter (NE1/4) over the North Fifteen (N 15) feet of Lot Three (3); and right of way to the City of Greeley, as granted by instruments recorded in Book 1444, page 452, and in Book 1444, page 454, Weld County records; Together with one-half share of the capital stock of The Greeley Irrigation Company; AND All undivided interests of the decedent in and to: A tract of land being a part of Lot D of the STROHAUER SUBDIVISION, a part of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of Section Thirty-one (31), Township Six (6) North, Range Sixty-five (65) West of the Sixth P.M., Weld County, Colorado, and being more particularly described as follows: Beginning at the Northeast Corner (NECor) of said Lot D, and considering the West Right-of-way Line of 21st Avenue to bear South 00°00'00" East and with all other bearings contained herein being relative thereto: Thence South 00°00'00" East, along the West Right-of- way Line of said 21st Avenue 71.71 feet; Thence South 90°00'00" West, 138.00 feet; Thence North 08°53'30" East, 108.69 feet to a point on the Southerly Right-of-way Line of the Colorado & Southern Railroad; Thence South 73°35'55" East, along said Southerly Right-of-way Line 126.34 feet to the Point of Beginning. Said tract of land contains 0.270 acres and is subject to any Rights-of-way or other Easements as granted or reserved by instruments of record or as now existing on said tract of land; AND All undivided interests of the decedent in and to: Lot D, STROHAUER SUBDIVISION, EXCEPT parcel of land as conveyed by Deed recorded in Book 1069, Page 245, Weld County Records, and EXCEPT parcel of land as conveyed by Quit Claim Deed recorded July 24, 1970, in Book 630, under Reception No. 1551919, Weld County Records. 2433286 B-1486 P-469 04/07/95 03:42P PG 2 OF 2 ...--bili 1 - >- 1 1 Aa r I ti 7 i --�- ► � rl L i_, , j / r 1- , vt t t rEn - ,,,,,,, , , 1. ,/, 1 1T� rii C, i, . its . , , , / , i , , . , _ ._ j 1 , .. , ,, ? O •N 14n+ V I a . )--- 1I. 1 I, t , 1 .._4, I 1 0I• II •} '4 ;, r I/' i r>..:....., .-'s--_ - r_ f l II ,, �, r Ii I ., I I 'N .' . r - 117 1...._ _ ________ „ ...,ii, I l • i •' i / fill Ill: lal ' Ilk 1 - , .g. 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