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Home My WebLink About20070968.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINSTJAMES AND DONNA BRIENZA,BDA EMPIRE PLUMBING,INC.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, James and Donna Brienza, dba Empire Plumbing, Inc., VI #0600031, 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 10th day of April, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Larry Carroll, representative, 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 June 10, 2007,to allow adequate time for the property owners to submit the Site Plan Review application and record the Plat 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 VI #0600031 be, and hereby is, referred to the Weld County Attorney's Office for legal action against James and Donna Brienza,dba Empire Plumbing, Inc.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 June 10, 2007, to allow adequate time for the property owners to submit the Site Plan Review application and record the Plat to bring the subject property into compliance. 2007-0968 PL0824 �� ,eL, VIOLATIONS -VI #0600031 - JAMES AND DONNA BRIENZA, BDA EMPIRE PLUMBING, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of April, A.D., 2007. BOARD OF COUNTY COMMISSIONERS 1 i- 4 ,LD C6kNTY, COLORADO ATTEST: �� 0.. � j Q 0(1 1161 t '1,� ilit? id E. Long, Chair Weld County Clerk to the Bo,._ to-mm � �� av W liam . De ty Cle to the Board � Willa&a wl AP O D AS T M: Robert D. Masden ! ) ou Attorney gg cal ien g al 5 Rademach r Date of signature: 3I� 2007-0968 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: James & Donna Brienza Dba: Empire Plumbing, Inc. Violation: VI-0600031 Address: 12636 Ida St, Brighton, CO 80603 Legal: Part of the S2 of Section 31, Ti N, R66W of the 6th P.M., Weld County, Colorado Location: South of and adjacent to CR 2.25 North: South of and adjacent to Brighton City Limits South: 1-3 (Industrial) and Approximately'/.mile North of Adams/Weld Boarder East: Agricultural & C-3 (Commercial) and Approximately 300 feet West of CR 27 and Brighton City Limits West: C-3 (Commercial) and Approximately 100 feet East of Brighton City Limits Parcel Number: 1471-31-0-00-021 Acreage: 1.13 +/-Acres Certified mail date: March 7, 2007 Received: March 12, 2007 Currently the property is in violation of Chapter 23, Article 11(2), Division 3 of Section 23-2-160.W and Chapter 23, Article 111(3), Division 3 of Sections 23-3-230, 23-3-230.B, 23-3-230.C, 23-3-230.D and 23-3- 230.E of the Weld County Code. REMEDY To bring the property into compliance SPR-403 shall be completed and the plat recorded; otherwise, the business shall be removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY January 24, 2006 Initial complaint received. February 7, 2006 Initial inspection completed. February 15, 2006 Five day compliance encouragement letter issued. February 22, 2006 Violation letter issued. February 23, 2006 Mr. Brienza faxed letter advising us to speak to the Carroll Group, Ltd. March 28, 2006 Received a letter from the Carroll Group, Ltd. 2007-0968 Brienza Page 2,VI-0600031 March 29, 2006 Chris Gathman and I called Larry Carroll regarding their letter. April 6, 2006 Received letter from Larry Carroll regarding their position/evidence of a NCU. April 24, 2006 Chris Gathman sent a letter back to Mr. Carroll addressing their April 6, 2006 I etter. May 22, 2006 BOA-1041 application submitted. August 1, 2006 The Board of Appeals denied BOA-1041. August 4, 2006 Violation letter re-issued. Granted 60 days to complete and submit a SPR application. September 7, 2006 SPR-403 application submitted. December 4, 2006 Conditions of Approval sent to Larry Carroll and Mr. & Mrs. Brienza. January 15, 2007 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. ((March 13, 2007)) March 7, 2007 Letter re-sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. ((April 10, 2007)) a DEPARTMENT OF PLANNING SERVICES G Compliance Division '1 NORTH OFFICE �'` 918 10T" Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(o�co.weld.co.us Q PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 March 7, 2007 MR. & MRS. JAMES BRIENZA DBA: EMPIRE PLUMBING, INC. 12636 IDA ST BRIGHTON, CO 80603 THE CARROLL GROUP, LTD MR. LARRY CARROLL, JR PO BOX 886 BRIGHTON, CO 80601-0886 Subject: VI-0600031, Part of the S2 of Section 31, Ti N, R66W of the 61h P.M., Weld County, Colorado Dear Mr. & Mrs. Brienza and Mr. Carroll: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 10, 2007, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article II, Div 3 "Site Plan Review" Section 23-2-160.W "SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty (60) days of approval. The plat shall meet the following requirements:" Chapter 23, Article Ill, Div 3 "Commercial Zone Districts" Section 23-3-230 "C-3 (Business Commercial)Zone District." Section 23-3-230.8 "Uses allowed by right." Section 23-3-230.C "Accessory uses." Section 23-3-230.D "Uses by Special Review." Section 23-3-230.E "Site Plan Review Required." To bring the property into compliance: It has been brought to my attention that the Conditions of Approval for SPR-403 were mailed to you on December 4,2006. As shown above(Sec 23-2-160.W), the plat map and all Conditions of Approval shall be met within 60 days of approval. Hopefully, by scheduling this Violation Hearing out to April, you will have enough time to complete all of the Conditions of Approval and have the plat map to Michelle Martin before the Violation Hearing date. Brienza Page 2,VI-0600031 This hearing will take place in our Hearing Room, located at 918 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, Ir��t�. te-, Bethany Salzman Zoning Compliance Officer II pc: VI-0600031 SPR-403 Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service., n- CERTIFIED MAIL. RECEIPT 0- (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inf rmati•n visit ur we•site atwww.us•s.c me; W Postage $ mg Certified Fee 1:3 Return R Rece Fee Postmark (Endorsement Required) pi e e Here O rted Delivery Required) mg „.B (Endorsement Required) rg rR Total Postage 8 Fees $ I Sent to o MR, 6 MRS, ,TAMES 3RI$NZA Iti I Street,Apt.No.; rorPotoa No. 12636 IDA ST City.State,ZIP+4 11 BRIGHTON CO 80 Page 1 of 1 Bethany Salzman From: Michelle Martin Sent: Tuesday, March 06, 2007 4:16 PM To: The Carroll Group, Ltd. Cc: Bethany Salzman Subject: SPR-403 HI Larry, I just wanted to follow up with an email to our phone conservation today. As I stated earlier the following items still need to be address per staff comments: E. 1, E.2, E.4, E.5, E.6, F, G, H.3, H.5, H.7, H.9, H.1O, H.11, H.12, H.13 The plat is also ready to be pick up in the south office. Let me know if you have any questions. Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720)652-4211 03/06/2007 U.S.Postal ServiceTM a- CERTIFIED MAIL, RECEIPT D- (Domestic Mail Only;No Insurance Coverage Provided) c r •elivery inf•rmati nvisit ur we•site at www.us• . •• m® m Postage $ Certified Fee I= Return Receipt Fee Postmark (Endorsement Required) Here , Restrictedem Delivery Fee - •-p (Endorsement Required) rR r-R Total Postage 8 Fees $ ul Sent To h THE CARROLL GROUP= LTD r- Street,Apt.No.; I or PO Box No. P -B 0QL--8a6 ta w,State,ZIP+4 BRIGHTON CO SEN•E': C�M•LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N•ELIVE-Y • Complete items t,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. C r -p Agent J Print your name and address on the reverse X � L 1ILL (,_ ��JO Addressee so that we can return the card to you. B. Received by(Printed Name) C.bat:of'-.livery • Attach this card to the back of the mailpiece, or on the front if space permits. "-' ' ' C l l/- c-3 is D. Ig dellypy ediressdifferent from tern t 0 es 1. Article Addressed to: c qES,enter t4iiiiv y address below: ry No THE CARROLL GROUP, LTD �\ MR. LARRY CARROLL, JR MAP (; a PO BOX 886 : t:u°. BRIGHTON, CO 80601-0886 Weld County Planning Dep f �! t�FUI(ta�li% ❑ Express Mail GREELEY OFFICE O--A 0 Return Receipt for Merchandise 0 Insured Mail ❑ C.O.D. MAR- 1 Z0G7 4. Restricted Delivery?(Extra Fee) 0 Yes 2. (Trans REC E E ta, PS Fom 'S95O2-M-1540 liCIA ird —�=�ti+ NNNING SERVICES iz Compliance Division (iii d NORTH OFFICE O� o 918 10T" Street ,.• z - REELEY, CO 80631 II \re m W.CO.WELD.CO.US � '� 3 ;man(a)co.weld.co.us '�� z .353-6100, Ext. 3555 z o =AX: (970) 304-6498 COLORS I -0 UTHWEST OFFICE 0 r- o z 4209 CR 24.5 7J .. 14 z JGMONT, CO 80504 n z 652-4210, Ext. 8730 :: FAX: (720) 652-4211 taW m cr 7 January 15, 2007 (0 n ''r coN0E m 1:::i 70a, co rn MR. & MRS. JAI\ 3wD DBA: EMPIRE F T = ca Po 12636 IDA ST O O y 3 x BRIGHTON, CO _ ' m -0 w H T3 •w D o THE CARROLL m 3 MR. LARRY CAI m z ) ,_I— w H CO PO BOX 886 -- n H ) CO to H mponn BRIGHTON, CC ..:2- H zm - m Subject: VI m 2 y a Weld County, Colorado 7. µ p D Dear Mr. & Mrs. E- C z �� - D -I 0 * �,�ui ..rr�. The property ref EIzA fJ Ei- ,- r'e scheduled a meeting with the = mnz - ,�.��.��.-_�- :to consider the violations occur = -ID-I 70 H '= '' violation of the c� .,.. following Secti — 030 " n "Tiom nr r-• . * 'TIITIVI (� W rn-o Chapter2 m AGz my <t1 p oti; unrrF00� Section 2 o a m° ISM\ �' o f m w p: v 'hall be prepared after a Sit o o n o Q ° N a 'l i the Department of Plannin (R a l oy rn 3 m t�° F, 'er's office within sixty(60) ® ~ Chapter a o v a . EA -504 ISection 2 µ 0 0 zz0 Section 2 -4 a Section 2 o 0 o M W JII Section 2 a -4 m o N Section 2 w 0 To bring the prc It has been brought to my attention that the Conditions of Approval for br-r(-403 were mailed to you on December 4, 2006. As shown above(Sec 23-2-160.W), the plat map and all Conditions of Approval shall be met within 60 days of approval. Hopefully, by scheduling this Violation Hearing out to March (which will put us around 90 days), you will have enough time to complete all of the Conditions of Approval and have the plat map to Michelle Martin before the Violation Hearing date. DEPARTMENT OF PLANNING SERVICES Kit d, Compliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US ip E-mail Address: bsalzman(a�co.weld.co.us Q PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-421 1 January 15, 2007 MR. & MRS. JAMES BRIENZA DBA: EMPIRE PLUMBING, INC. 12636 IDA ST BRIGHTON, CO 80603 THE CARROLL GROUP, LTD MR. LARRY CARROLL, JR PO BOX 886 BRIGHTON, CO 80601-0886 Subject: VI-0600031, Part of the S2 of Section 31, Ti N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Brienza and Mr. Carroll: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on March 13, 2007, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article II, Div 3 "Site Plan Review" Section 23-2-160.W "SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site Plan Review application is approved. The plat shall be submitted to the Department of Planning Services and be ready for recording at the County Clerk and Recorder's office within sixty (60) days of approval. The plat shall meet the following requirements:" Chapter 23,Article Ill, Div 3 "Commercial Zone Districts" Section 23-3-230 "C-3 (Business Commercial) Zone District." Section 23-3-230.8 "Uses allowed by right." Section 23-3-230.C "Accessory uses." Section 23-3-230.0 "Uses by Special Review." • Section 23-3-230.E "Site Plan Review Required." To bring the property into compliance: It has been brought to my attention that the Conditions of Approval for SPR-403 were mailed to you on December 4, 2006. As shown above (Sec 23-2-160.W), the plat map and all Conditions of Approval shall be met within 60 days of approval. Hopefully, by scheduling this Violation Hearing out to March (which will put us around 90 days), you will have enough time to complete all of the Conditions of Approval and have the plat map to Michelle Martin before the Violation Hearing date. Brienza Page 2,VI-0600031 This hearing will take place in our Hearing Room, located at 918 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 Salzm n Zoning Compliance Officer II pc: VI-0600031 SPR-403 Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service,. c CERTIFIED MAIL RECEIPT N (Domestic Mail Only;No Insurance Coverage Provided) 0 F r •elivery ini•rmati nvisit•ur we•=ite at www.usps.c m,,, m ' Postagereg $ Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here O Restricted Delivery Fee 0 (EndorsementRequired) rR Total Postage 8 Fees $ t!7 O Sent To o MR. & MRS. JAMES BRIENZA r- Street,Apt.No.; orP°6°xNo. 12636 IDA ST I City State,Z!Pa4 BRIGHTON CO 80603 PS Form 3800.June 2002 See Reverse for Instructions • U.S. Postal Service,. ul CERTIFIED MAIL., RECEIPT • rt (• Domestic Mail Only;No Insurance Coverage Provided) D m I ml to Postage $ Certified Fee O Postmark Return Receipt Fee (Endorsement Required) Here O Restricted Delivery Fee .A (Endorsement Required) rg Total Postage 8 Fees $ Sent To D THE CARROLL GROUP, LTD (` Etreep Apt No.; Op cc or POBoxNo. PQ_B.0X-.¢Yfl 1 City,State,ZIP+4 szmrcsiT N - J SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X R agent II >'L Print your name and address on the reverse t�wA- _ i4_ ��Cgddressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 8/2 E/i Oft C_/Y '/�/`La..— D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No THE CARROLL GROUP, LTD MR. LARRY CARROL� n ( 3M I AV Po BoxWBiO6County��V''��a��ryytnl kffII(D''epartment BRIGHTON, CO�'RSfP601�F08$6 6' �t s� 3. Service Type JAN 2 2 2007 X7 certified Mail 0 Express Mail 0 Registered ❑ Return Receipt for Merchandise RECEIVED 0 Insured Mail 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 1160 0001 4538 0755 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Page 1 of 1 Bethany Salzman From: Michelle Martin Sent: Monday, January 15, 2007 12:38 PM To: Bethany Salzman Subject: RE: SPR-403 Brienza Staff comments were mailed 12/4/06. Sorry for the confusion. Michelle Martin Planner II 4209 CR 24.5 Longmont, CO 80504 mmartin@co.weld.co.us PHONE: (720) 652-4210 x 8730 FAX: (720) 652-4211 From: Bethany Salzman Sent: Monday, January 15, 2007 10:48 AM To: Michelle Martin Subject: SPR-403 Brienza Please review the attached letter and print out for your SPR-403 file. Thanks le imm Zoning Compliance Officer II 918 10th St Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fax) lasalzman@co.weld.cows 01/15/2007 ft,t*,; SITE PLAN REVIEW COLORADO Administrative Review Planner: Michelle Martin Case Number: Site Plan Review SPR-403 Parcel Number: 1471 31 000021 Applicant: James and Donna Brienza Legal Description: Part S2 Section 31, Township 1 North, Range 66 West of the 6'h P.M. Weld County, Colorado Zoning: C-3 Business Commercial Proposed Use: Plumbing Company Site Plan Review Standards Meets the Intent of Comments the Weld County Code Site Plan Certification Included in Application YES Retention Facilities YES Engineering Dept. Off-street Parking The applicant shall delineate 8 parking spaces NO Loading Areas The applicant needs to delineate the loading area on NO the plat Access Need to address the concerns as stated in the referral NO dated 10/2/06 from the Department of Public Works Setback Requirements 25 Feet YES Offset Requirements 10 Feet YES Landscaping Need to address Section 23-3-250.A.5 of the Weld NO County Code Trash Collection and Need to address Section 23-3-250.A.6 and Section NO Storage 23-3-250.A.9 of the Weld County Code Potable Water Well #69526 YES Sewage Disposal Septic YES Environment Standards YES Property Maintenance Need to address Section 23-3-250.8.7 of the Weld NO County Code SPR-403 Brienza Page 1 This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: A. The Environmental Health Services Division was unable to locate a septic permit for the septic system serving the existing structure. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. Evidence of their approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) B. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. Evidence of their approval shall be submitted to the Weld County Department of Planning Services. (Department of Public Health and Environment) C. The applicant shall submit a waste handling plan for approval to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. Evidence of their approval shall be submitted to the Weld County Department of Planning Services. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). (Department of Public Health and Environment) D. The applicant shall submit a letter to the Department of Planning Services the vacation SPR-281. (Department of Planning Services) E. The application shall submit a Landscape / Screening Plan in accordance with Section 23-3-250.A.5 of the Weld County Code, delineating the following information: 1. An installation schedule which specifies when the landscaping will be installed on site. (Department of Planning Services) 2. No more than eighty-five percent(85%) of the total area of a lot in any Commercial Zone District shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if covered by decorative gravel or wood chips, or if it is otherwise suitably landscaped. (Department of Planning Services) 3. That portion of a lot in any Commercial Zone District which abuts a public or private street right-of-way shall be landscaped for a distance of ten (10)feet, measured at a right angle from the lot line towards the interior of the lot. Sidewalks and driveways may pass through the required landscaped areas. (Department of Planning Services) 4. Uses in Commercial Zone Districts involving outdoor storage of vehicles, equipment, or materials when permitted shall be screened from public rights of- way and all adjacent properties. (Department of Planning Services) SPR-403 Brienza Page 2 5. A landscape maintenance schedule which specifically states who will perform the maintenance on site and that maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services. (Department of Planning Services) 6. The Landscape / Screening Plan shall address Section 23-3-250.B.7 of the Weld County Code regarding property maintenance. (Department of Planning Services) F. The applicant shall submit a Private Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for all landscaping, transportation (access drive, parking areas, etcetera) and non-transportation (plant materials, fencing, screening, water, signage etcetera). The applicant shall submit to the Department of Planning Services an itemized landscaping bid for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Site Plan Review plat. Or the applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) G. The applicant shall provide the Weld County Department of Planning Services written evidence of how the existing and proposed plant material will be irrigated. The existing well 69526 cannot be used to serve the existing landscaping and or proposed plant material. (Department of Planning Services) H. The plat shall be amended to delineate the following: 1. All pages of the plat shall be labeled Site Plan Review SPR-403. (Department of Planning Services) 2. The Site Plan Review Map shall be prepared in accordance with Section 23-2- 160.V of the Weld County Code, specifically to scale. (Department of Planning Services) 3. The vicinity map shall be delineated on the plat in compliance with Section 23-2- 160.V.6 of the Weld County Code, specifically illustrating the parcel and surrounding parcels. (Department of Planning Services) 4. The approved Landscape/ Screening Plan. (Department of Planning Services) 5. The sight distance triangles shall be delineated on the plat. Any existing landscaping within the sight distance triangles shall be removed and relocated. (Department of Public Works) 6. The applicant shall provide at a minimum eight (8) parking stalls for this facility of which one (1) must meet the requirements of the Americans with Disabilities Act. The dimensions of the parking stalls shall adhere to Section 23-4-30 and Appendix 23-A of the Weld County Code. This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right-of-way. Further, the ramps from the parking area shall identify a landing area for non-ambulatory users of this facility. (Department of Planning Services) SPR-403 Brienza Page 3 7. All fences shall be show on the applicant property or the applicant shall submit a recorded agreement with the surrounding property owners. (Department of Planning Services) 8. The applicant shall delineate the location of curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. (Department of Planning Services) 9. The applicant shall show the type of lighting that will be used on site in conformance with the Weld County Code. (Department of Planning Services) 10. The location and dimensions of any proposed signs per Article IV Division 2 of the Weld County Code. (Department of Planning Services) 11. Section 23-3-250.A.6 of the Weld County Code addresses the issue of trash collection areas. Areas used for storage or trash collection shall be screened from adjacent public rights-of-way and adjacent properties. These areas shall be designed and used in a manner that will prevent wind or animal scattered trash. (Department of Planning Services) 12. County Road 2.25 is classified by the County as a local paved road, which requires 60 feet of right-of-way at full build out. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the right-of- way can not be verified, it shall be dedicated. The plat shall delineate the existing right-of-way and the documents which created it along with any additional right- of-way reservation required. (Department of Public Works) 13. The access into the site from County Road 2.25. (Department of Planning Services) H. The following notes shall be placed on the plat: 1. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. 2. In the event that a portion of the building is proposed to be leased or sold to another party in the future, the applicant shall submit a copy of the lease of sales agreement and information regarding the proposed use of the leased portion to the Weld County Building Inspection Department, Brighton Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. All port-a-potties shall be stored in an enclosed structure/building per the Board of Adjustments Determination BOA-1041 on August 1, 2006. 4. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial and Industrial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) SPR-403 Brienza Page 4 5. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, C.R.S., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 6. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5,C.R.S., as amended. (Department of Public Health and Environment) 7. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Department of Public Health and Environment) 8. The applicant shall operate in accordance with the approved "waste handling plan". (Department of Public Health and Environment) 9. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes. (Department of Public Health and Environment) 10. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. (Department of Public Health and Environment) 11. Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment) 12. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the facility. (Department of Public Health and Environment) 13. The facility shall utilize the existing commercially permitted well. (Well # 69526 for 1 single office building) (Department of Public Health and Environment) 14. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile organic compounds (VOC's). (Department of Public Health and Environment) 15. The operation/property shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. A building permit application must be completed, and two complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. (Department of Building Inspection) 17. A plan review must be approved and permit must be issued prior to the start of construction. (Department of Building Inspection) 18. The new construction and/or change of use shall conform to the requirements of the 2003 International Building Code, the 2005 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) 19. Setback and offset distance shall be determined by the 2003 International Building Code and Chapter 23 of the Weld County Code, (Offset and setback SPR-403 Brienza Page 5 distances are measured from the farthest projection from the structure). (Department of Building Inspection) 20. Prior to the release of building permit, the applicant shall submit evidence of approval from the Brighton Fire Protection District to the Weld County Building Department. 21. Landscaping materials as indicated in the approved Landscape / Screening Plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 22. Lighting shall comply with the requirements and standards for off-street parking spaces per Section 23-4-30.E, Section 23-2-250.D and Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services) 23. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) SPR-403 Brienza Page 6 24. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 25. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 26. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of exploration, development, completion, recompletion, re-entry, production and maintenance operations associated with existing or future operations located on these lands. (Department of Planning Services) Site Plan Review conditionally approved by: Michelle Martin, Planner II Date: December 4, 2006 0 Weld County Planning Department f & Its° GREELEY OFFICE S F ?0[lE VI winC. RECEIVERifeld County Referral September 19, 2006 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant James and Donna Brienza Case Number SPR-403 Please Reply By October 18, 2006 Planner Michelle Martin Project Site Plan for a Plumbing Company Legal Part S2 Section 31, T1N, R66W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 2.25 and west of and adjacent to CR 27. For a more precise location, see legal. Parcel Number 1471 31 000021 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Vj / (1 lektir\il hid I �r cr Signature '\ii•V 6k-zz fv ,' Agency Zunis 10�i\'L Tani Date Ira •:Weld County Planning Dept. +4209 CR 24.5,Longmont,CO. 80504 +(720)652-4210 ext.8730 +(720)652-4211 fax 440ft: MEMORANDUM 11`k. COLORADO To: Michelle Martin, Planner September 22, 2006 From: Bethany Salzman, Zoning Compliance Officer Subject: SPR-403 Referral Upon review of my case files and computer, an active Zoning Violation (VI-0600031) was noted. This violation was initiated due to the presence of a port-a-potty/plumbing company without an approved Site Plan Review. This case has not been presented to the Board of County Commissioners through the Violation Hearing process. This application if approved and once a plat is recorded would correct the violation. If a plat is not recorded within 60 days of approval, this case will be scheduled before the Board of County Commissioners to proceed through the Violation Hearing process accordingly. SERVICE.TEAMWORK.INTEGRITY.QUALITY 4:mte t 4117INFR DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10T" Street ' GREELEY, CO 80631 Website: WVVW.CO.WELD.CO.US E-mail Address: bsalzman(a�co.weld.co.us PHONE: (970) 353-6100, Ext. 3555 FAX: (97O) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE August 4, 2006 MR. & MRS. JAMES BRIENZA DBA: EMPIRE PLUMBING, INC. 12636 IDA ST BRIGHTON, CO 80603 THE CARROLL GROUP, LTD MR. LARRY CARROLL, JR PO BOX 886 BRIGHTON, CO 80601-0886 Subject: VI-0600031, Part of the S2 of Section 31, TIN, R66W of the 6`h P.M., Weld County, Colorado Dear Mr. & Mrs. Brienza and Mr. Carroll: 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 Ill, Div 3 "Commercial Zone Districts" Section 23-3-230 "C-3 (Business Commercial)Zone District." Section 23-3-230.8 "Uses allowed by right." Section 23-3-230.C "Accessory uses." Section 23-3-230.D "Uses by Special Review." Section 23-3-230.E "Site Plan Review Required." To bring your property into compliance with the Weld County Code: It is my understanding that the Board of Appeals did not approve your appeal of our administrative decisions request on August 1,2006;therefore,a Site Plan Review application shall be completed and submitted to the Department of Planning Services. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have 2 locations open. Our North office is located at 918 101h Street, Greeley, Colorado. At our North office,an"On-Call"Planner is available, Monday thru Thursday from 7:30 a.m.-11:30 Mr.&Mrs.Brienza and Mr.Carroll Page 2,VI.0600031 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office,an"On-Call"Planner is available Monday thru Thursday from 12:30 p.m.- 4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. 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 60 (sixty) days from August 4,2006,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 helpful. 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 Salzma Zoning Compliance Officer II pc: VI-0600031 Chris Gathman, Planner II Department of Planning Services Bruce Barker, County Attorney -CALM-5 k O Weld County Referral C. COLORADO June 1 , 2006 The Weld County Department of Planning Services has received the following item for review: Applicant James & Donna Brienza Case Number BOA-1041 Please Reply By June 29, 2006 Planner Chris Gathman Project Application for an appeal of an administrative decision re: 1) that outside storage in E not allowed for a plumbing and port-a-potty business in the C-3 Zone Di strict (under Section 23-3-230 of the Weld County Code) and 2) that the plumbing and port-a-potty business would require a site plan review permit application (under Section 23-3-230.E of the Weld County Code) {{ Legal Pat of the S2 of Section 31, Ti N, R66W of the 6th P.M., Weld County, Colorado. Location A_ppmximately 750 feet west of Hwy 85 and south of and adjacent to CR 2 1/4 Parcel NumbeK 1471 31 0 021 Atm .72.)•‘, ic ,r The application is subml e o you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Board of Adjustment Hearing August 1, 2006 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: P1, akorh • Signature f Date (j ( ICACI.o Agency 7-f � Ccl ,cox Q :Weld County Planning Dept, +918 10'"Street. Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM COLORADO To: Chris Gathman, Planner II June 16, 2006 From: Bethany Salzman, Zoning Compliance Officer II Subject: BOA-1041 Referral Upon review of my case files and computer, an active Zoning Violation (VI-0600031) was noted. This violation was initiated due to the operation of a"port-a-potty"facility and outdoor storage of equipment and port-a-lets. This case has not been presented to the Board of County Commissioners through the Violation Hearing process. This application if approved by the Board of Adjustment(BOA)will correct the violation. If this application is denied, the business and all outdoor storage shall be removed within 30 (thirty) days of denial, a Site Plan Review application submitted to the Department of Planning (somehow addressing the outdoor storage)or this case will be scheduled before the Board of County Commissioners to proceed through the Violation Hearing process accordingly. SERVICE,TEAMWORK.INTEGRITY,QUALITY • GREET ry OFFICE APR 1 0 2006 April 6, 2006 ,„ RECEIVED Ms. Bethany Salzman, o • , Zoning Compliance Officer II Mr. Chris Gathman, Planner II co Department of Planning Service Department of Planning Service o = Compliance Division 918 10'h Street 0 LL 918 10' Street Greeley, CO 80631 0 Greeley, CO 80631 co z ni • RE: VI-0600031, site address 12636 WCR 2.25, Brighton, CO Xp� • 0 r°; I Dear Bethany and Chris: v� 0 E 8 I'm including the title search we talked about last week regarding the above-mentioned a m m property. The title information shows the owners that have been involved with the property for • the last 20 years - all using the property under the C-3 zoning. I did contact Frank Tenorio, who was on the title with his wife Karen Lohmann various times since 1995. Frank was also a partner in General Concrete Contractors who operated a . business at the subject address during those years and sold the property to the Brienza's for their business use. Per Mr. Tenorio, the property was used as a construction storage yard and concrete contracting business for the time period he was involved with the property from 1995 —2002. Prior to 1995 an oil/gas manufacturer/supply company—Weathertord US, Inc, owned the property. They stored and serviced oilfield equipment in the adjoining shop and yard. This yard is adjacent to a propane distribution/storage business on the west (C-3 zoning, Weld County), industrial manufacturers (1-3 zoning, Weld County) to the south and oil field service (1-3 zoning, City of Brighton) to the north. The only use that is not heavy commercial is an agricultural zoned property to the east that has not changed during the last 20 years and surrounded by C-3 zoned properties. Since all of the historical uses include outside storage/warehousing —we submit that the current owners should not be required to submit for zone/use change or site plan review. The evidence shows the previous owners were in compliance with Weld County zoning/use • regulations at the time of original approval and there has been no significant change of use " since that approval. We would offer that the warehousing and distribution of clean portable z toilets create less issues/concerns than the storage/distribution of used oilfield equipment or concrete forming equipment in the same C-3 zoned oroperty. . L,, • AAccording to this research "Contractor Shops" and contracting type service businesses have z I continued on this site for the last 20 years—again, without any non-compliance issues. We Q � would offer that Empire Plumbing and Empire Portables are not outside of the historical miL allowed uses. In fact the current owners have taken specific care in creating a much cleaner z yard and building than the previous owners have historically attempted. J ^, LL • Please review this additional information and let us know your decision so we may proceed accordingly. The owners strive to be good neighbors and have concerns when there is a D o perceived problem with their enterprise. Thank-you for your prompt attention in this matter, please contact me directly if there are any questions or comments. n Best regards, W i mil Larry Carroll Jr. The Carroll Group, Ltd. ;it DEPARTMENT OF PLANNING SERVICES 918 10`h Street IGREELEY, COLORADO 80631 WI I CWEBSITE: www.co.weld.co.us E-MAIL: cgathman @co.weld.co.us PHONE (970) 353-6100, EXT. 3540 COLORADO FAX (970)304-6498 April 24, 2006 Larry Carroll Jr. The Carroll Group, Ltd. P.O. Box 886 Brighton, CO 80601-0886 RE: 12636 County Road 2.25, Brighton CO Dear Mr. Carroll, The Department of Planning Services has reviewed your letter dated April 6, 2006 re: warehousing and distribution of portable toilets. Section 23-2-150.C states: "No land, building or structure shall be used, changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved by the Department of Planning Services." Your letter indicates that an oil/gas manufacturer supply company was on-site prior to 1995 and a construction storage yard and concrete contracting business from 1995-2002. Both of these businesses (if in existence after 1981) would have required Site Plan Approval by Weld County. Just because those businesses were in operation for several years does not mean that they were approved to operate without a site plan review. They would have been considered to be in violation of the County Code. Weld County Code compliance (due to its heavy volume of complaints and the large area encompassed by Weld County) relies on zoning violation complaints received from citizens. The Weld County Planning Department can find no evidence of any zoning violation complaints filed against either party mentioned in your letter. Additionally, the Department of Planning Services considers that the Empire Plumbing and Empire Portables is a change in use from the previous businesses on-site. Just because different businesses are generically classified as "Contractor Shops" does not mean that they are not considered to be a change in use on the site. Contractor shops can differ substantially in number of employees, amount of equipment, type of materials to be sold on site which may require a new site plan review. Any time a parcel is sold or leased to a different business, the Department of Planning Services requires updated information from the new company to make a determination of whether or not this is a substantial change to the site. As a result, the Department of Planning Services has determined that the proposed warehousing and portable toilet distribution use will require an site plan review application to be submitted for review by the Department of Planning Services. The Department of Planning Services has also determined that outdoor storage of port-a-potties under C-3 zoning is not an allowed use in the C-3 (Business Commercial) zone district. Should you choose to appeal this decision, Section 23-6-20 of the Weld County Code requires that appeals to the Board of Adjustment must be made within thirty (30) days of the decision. Any appeal application shall meet the requirements outlined under Section 23-6-20.A of the Weld County Code. If you have any questions or concerns feel free to contact me at the above phone number and/or e-mail address. Sincerely, Chris Gathman Planner II - AICP 2 Security Title Guaranty Company Chain of Title Security Title Brighton 04/04/2006 COMPANY DATE Jim Clement Sally Goble ATTENTION PREPARED BY James Eugene Brienza and Donna Jo Brienza PROPERTY OWNERS 12636 Ida Street aka 12636 Weld County Road 2.25, Brighton, CO 80603 PROPERTY ADDRESS **See Attached Deed** LEGAL DESCRIPTION Assessors information available by calling Weld County at 970-353-3845 Treasures information available by calling Weld County at 970-353-3845 Public Trustee information available by calling 970-352-4365 The information provided herein is a preliminary search of the county records. A complete title examination has not been performed. SECURITY TITLE GUARANTY COMPANY 3690 West 10th Street,2"d Floor,Greeley CO 80634 PHONE 970-356-3200,FAX 970-356-4912,TOLL FREE 1-888-825-3215 :,.,41;;-.;".,;',','':, plx x ,t rVi 1 .4 ,I'll I . ,`' . ! 4 41 1 '� ii an F1.lnl'L x,° _I,' r 't ��1 - 'v1 •' ,1+.,.,1.11 v ' I I �1 I AR2093699 E 1151 REC 02093699 03/30/87 13:18' 86.00 1/002 'I Ra . F 0390 MARY ANN EEUERSTEIN CLERK 6 RECORDER WELD CO, CO pIl'FT', SPECIAL\Y,1FlRr1NTY DCF.D AT TH! '.A O EI1ftW ATic M �, THIS DEED,Made in,. f'RD'"'r T ens eaoNolal1pAT1 !u rµ ,, day nr December la 86, lux nlc xe,f LnoTr f° BE ' ' 1. bctwem Can' E •CA 4"'4h4' .. Weatherford Il.,., Inc. copr. mucioneo1B� uaxw nq prD I � III : . I COrporalion duly orgaPIPml and existing tinder and by v rme of he I ne of the slam 011. 4A. G- L Icl ' or Delaware grantor,ad. ` nbt.t2 � b U.S. Enertek, Inc. /t— y 6 •�� whetw leg;amdrt n ss 4901 East Main, Farmington, ,: S.rn I 1 San auzn New Mexico of the `Ceu Iy r Sben.nITSMIHr. niece I I _ ., 4 r• WITNE39Epll,That Me gran) f nod ncpitsd :Loner Tin Dollars and other good and 4�F I, f". I ft II..' I valuable consideration the receipt.nd mrf i mg,,n s ncY of whch .,hereby acknowledged. _I. dl x- J k,d Im p ,:old by these pp:camWa'e grant hard sell I HI I convey,and confm,,unto thee, ,,e lsl M1 ,woad go forever.ell he real properly.,yetherwth impnry ms if am I Trot lying JM lop ,the P nlY of Weld Shoe<I Caleody a ihcd of r llowx: _ I .1: i The property shown on Exhibit A attached hereto and incorporated by this reference - k f I. II Its .I •, .• II-•'.. Subject to all easements, restrictions and )reservations ! I1I 'i or record. j ! alm known Iv and number em I II TOGEITIER 'a .ill and zing`I the I c W :mltnc F iand p p thereto e ,i y, _ d g d 11 _ t J (coercion, 'nJ.r.,nI ,older, : Ip I1: f aIIM1 'gl 1 "I 1. N demandwhatsoeverotthe gmnmr, I �I . either m I' 1 f'pandit, M h F'' I I 'h the I J appurtenance,.t , . . • ! • I, TO HAVE ANI)lO HOLD the said J f dJ. ,MI omit the I i,l PR a'the g t K'1 1 5 hcin, sueo : 1 il,Ign,forever.the grantor their dx went tont avogni.den coxenam end Agree that it1zM1ull 11\ c, end AND { I FORIvaR PEI CND the M Ir ) dp th IN N M rh g 11 its J - -I •• I minree I I•.. 2 11'1,i till end cirri'Persil.et IN WITNESS WIIEl)IOI II'I grantor hat ea d np iele er yl part o aI 'unto tubsniMd h) Ic to goiter the grantorsRnz • President, it,corporate teal m 0.hereunto affixed.nested by is Sc ry.the dryad year fn, III 'I,� ' ' -. . . .. nu n. WEATHERFORD U.S., INC. .I [� (:II i. _ • �,n pyv erg )f>� - r ��. NF 47 MEXICO STATE OPY tllHchp I {.- S . I. • I Counted f B1iRNT.L T_LLO. f ,I I. i Tncforegoing n S il� tlmmenl was acknowledged ."-t .!.knorvleJ•[d r I. before 3/ by 6WLu. bafle,— aar er December no .Id B6 II .II I: J President I I ` 17 or We,ikth2rford U.S., Inc., a Delaware 4,1 "` coSeerporation. 1, 4" ,c:lam F .& } platen F `�Iy4'O'7!4ryI+d rtre el s.al. Alfl.(�PS r I. _ — {, �1 • P1, I.IC 6 r�f •I: •Ilin.Denver,inverte'CIE)nna." I 1, I.• II No.MB.Het.Ia its If LIAI.)' RIt.tcl ,If it nr.JnnI Iira'F it l'di „IX3e\V M IF .., rto Co M!IJ_1 01 ''34" x 1 IM r f l 161 .d, ' a I' 417 6 4'414 I i' B 1151 REC 02093699 03/30/87 13:18 $6.00 2/002 , :n r - F 0391 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO _ 1 EXHI 3IT A i f B 1i u! {I (Legal Description) PAR.'}{, A: I ' LOTS 0 AND 11, I °' IDA INDUSTRIAL BARK- RTED T THE( ACSZ1RDIty '10 Till: RECORDED PLAT THEREOF. j i4 I A PARCEL OF I4NDJ 324 TEE SOUTH HALF (51/2) OF SECTION 31, '1CL7NTSHIP 1 N31'1'Et, RNy'E Fib WEST OF THE 6TH P.N., WELD (ISJNTY, COLORADO, Dccrv'rum - m SWTH ASr CORNER OF SECTION 31: THENCE.WEST ALINE Ta LINE OF NNZE ID THE .. 1 31I RIGHT 4ONE OF SAID OP 271EN 31 :A DISTANCE OP 1004.55 Fr•-F,T 1T) A 10Itu^ ON T(¢; WESTERLY RICFII' Of MY LIRE OF THE UNION PACIFIC: RAILROAD CO THENCE NORM 13'417130' FAST AWE SAID WESTERLY RIGS!' a OF WAY LINE A D1STANCE OF 101{.41 FEET; THENCE WEST A PARALLa, TO THE SCUM LINE .i I ID ,S i_ I .I OF SAID SECTION 31 A DISTANCE 0F 298.90 FEET TO THE TRUE IDII7L OF Pff;INNINv; THEK£ 1 I OJNI'INUIN;; WEST 210.00 FEET; 'I't 1 I ;•�; t 250.00 FEET: THENCE NORTFI.13'.{7'30' 13'47'30" T'JO A0.17 1'g3'.T; THENCE EAST.' • EAST, 180.17 FEE1' TO THE ME Four,. OF 1 • �: {.. e I •.j `It 11 • it II L. 4 b -Ii _'. 'ro I Cyr k' •t vY � ') 1 1_ ;;, Main ..s:�a•,� t Est' i - r: LLa 1 • B 1171 REC 02115838 09/29/87 11:20 q 6.00 1/002 1 _ a: { t �7 �t,2j 4'1987 F 1633 NARY ANN FEUERSTFIN CLERK & RECORDER WELD CO, CO Ng if ( 7 t SEP.B _ `f LP ! ds I , SPECIAL WARRANfY DE ,e RECORDER'S STAMP II THIS DEED 9Iale this 3].W (lay of August .1987 l .I j between Weatherford U.S., Inc. AR2L15838 11 < I a corporation dub organized and e.ist'nl'under and by virtue of the laws afthe State or Delaware ortl a .tpa t and I V.S. Enea:tek, Inc., a New Mexico Co..Luration corporation duly organized all l ex isting ender and by tue of W laws { Iii of the state of New NCKW oft he seenndl t w nose Tepid I 1 •1 j6 address 4901 East Main • I. I \S li Farmington, New Mexico I t l o WI NESSEtII,That the "d pbrty of the first p t for and'in consideration of the sum of I Na Ten Collars and other good and valuable consideration 100 IX I to t 1 party of the first 4 hpaid 1 t said i [ of the coal, a P.vI Pe pmt the nt whereof hereby I !': IL, confessed and acknowledged Lath graced barge intd sold and conveyed.and by these presents dues grunt bargain, I t s., lI convey and confirm,aon the said party of the second t its successors and assigns forever,all the following II I • .• ' dose,ibed or parcel of land.situate Iri ag and being in the County of Weld dand State of Colorado,toot I 1 ***SM ATTACFICO*** I 1 I.t n i t I:YlTE: This Deed is being given to Cort.ee,t Warranty Deed recorded I March 30, 1987 in Book 1151. as Reception No. 2093699.Ei I �. C II Subject to all easements, restrictions and reservations of record. 1. f u r 4+ I:nkna known a. t:vin ,she II Id ,) TOf•ETIIF• ,,,,, R with all and singularthe bared'L t- 1 al• Ij 1 appurtenances LI I 1 A 4 II t le Ill reversion and reversions. I and I t : II profits •.f and II YI•• the estate,1,I.hl title,-interest,claim and da nand whatsoever of the said arty of the first part,either in Foe or YY`JJJ equity, r . It the above 1 A Il itl the hereditament:,and appal lenantew • .1• TO HAVE AND TO HOLD the said premises s above t rg ned.nd closer'bed with the appurtenances unto tl said I party of the -second te .its i and assigns foi ever.And the said II ..4 :i 1 c.. pa,l of t\efirst pai L roi wsell. t .. I itylignzi.Oath covenant,grant.bargain and agree to 1 with the ��+' i�' I 1 the second I t a and A that at-bb 1, 1.1 r-Is y I • Ii. lit-..' 1 I ' t. it 11: . of the t Ve\ad a of goods of r! ,H.I 1.' .Oe (ect a-ramh h t t - nbuu met a hi u, , fee simple,and lath good : lawful authority tog int.bargain. la I• :4 rga n . II and a I cal n the �a Ypr,dmes:al and that the c are free and cleat Rena all former and nuke eronts. • .. l t. m IuIh�/ I•f• / �_ ' lit shall and will WARRANP PM) FOILF'VER DEFEND the above-bargained premises in the 4°' . - 1 ', quiet and peaceable possession of the party of the second part, its successors and. (.-k, assilgcvs L .s{tinst all rd evilly person cla by, through or under it. : IT w h III ii i successors and assigns against all and tt _1a.vuo,a..ny ti t Iaim the whole or am hart :,I l Idw•n.•MytIwo . -- t-, 4 104+4—.m F:.. .da. k sib ,rbb..( bE-V R DEPEND. j t IN WITNESS wenenov.The I party of the rasL pis t I ntL caused its corporate name to be he a alp i ? .; subscribedb its l lit lit n ateseol to be hereunto affixed,attested by its -• • '.''I - Lary,tl I I rear( stab rittei t [ Attest: 1- N I i �/' h7'4TI RC FD U_S.� INC.- I / j: II. S zanne Thomas one L. Butler I STATE or -111.,4 fr l 1 i L t 1 Ha1YLIS I I .� 1'I f grist Rent was ackonnle, ll o.e me t his 3ISt" da,of August II ' I II 10 87 11'^w3 e L. Rutter a, pee 'less'and Cl " ) y 11 it �s/ : "t s, as tee [ yyyy tk,,lI I l ;54)'4'. EINC., a Delaware Corporation =woo-raw. „1 C) >st: 11 '14,11_ My nothete s 8/Ps j 9 I' II 3 Witness vinofficial cal ll ' . r9,xh ' •,tip ran ., - - t n r t ill_• Nvc 1 nil t. e .ru .aaa .a.2v ':;,::.27),':;,,;,1.i11.2 1 e } { , 7t 1a` tai Ja t I. • L I! 11 1 s � t acv w3 • l1 I(. � 'I m, a"e..Y•. I•..-� a r ,; �pi4 v3 �{ ek f}� l�ltttr t"' I I I a •e j ry i 11 EXHIBIT A v i (Legal Description) 1 • B 1171 HEC 02115838 09/28/87 11:20 ;:6.00 2/002 F 1634 MARY ANN FEUFRSTEIN CLERK & RECORDER WELD CO, CO PAR.. A: 1DTS 8 AND 11, =DA I1DJSI'RIPL FARM- SECOMD Fr.2219, ACCORDING TO TIM RECORDED FLAT THEREOF. PARCII, B: A PARCEL OF LAND IN TEE SOUTH SA:.F (51/2) or SECTION 31, TIWSEIP 1 EERIE, RANGE 66 WEST OF THE 6TE P.M., '?ELD (fl'hTY, CODDRAIA, IESCTLIBED AS: . BEGINNING AT TED SIXIi M.ASi COFFER OF SEOTIoN 31; THENCE WEST ALONG THE MU H LDC OF SIDE TION 21 �: A DISTANCE OF 1804.55 kttl 1G A POINT CG TED WES1EL,Y RICHEOF WAY LINE CF THE t 1� UNION A\CIFIC RAILROAD CO.; THETtC,E MESH 13.47'30' EAST ALONG SAID WESIIMILY RIGHT or WAY LEE A DISTANCE OF.1019.41 FEET; TEEN= 'CST AND PARALLEL TO THE SUITE LINE 7 OF SAID SCTICN 31 A DISTANC OF 298.90 FELT TO TEM TRUE POINT OF BEGINNING, THENCE WHI'INUING WEST 250.00 FELT; THENCE SMITH 13.47'30" WEST, 180.17 FEET: THENCE EAST 'II + 250.00 FEET; TNH]7CE NOa43 1347'30" EMT, 180.17 FAT TO TEE TRUE POINT OF' lb Hi • L . • I• • I . � 1 --• 7 t fq{ I) '. ', y 11 t im � � + ` + ✓f , in.:\ Recorded at o'clock tel., Recorder. AR24466H5 WARRANTY DEED Recorder's Stamp THIS DEED,Made this 12TH day of JULY,1995,between I U.S.ENERTEX,INC.,A NEW MEXICO CORPORATION A DEBTOR IN POSSESSION ,g %,Int a corporation duly organized and existing under and by virtue of the laws of the (may! Stale of NEW MEXICO of the first part,and _ �7CIOIL � GENERAL CONCRETE CONTRACTORS,INC. /,,,�, .r a corporation duly organized and exiting under and by virtue / Oh . { of flit laws of the State of COLORADO,of die second part, `5 AA v Ns}, WTCNESSETH: That the said party of the first part,for and in consideration of the suta#/lNE vrrvnavnerr THOUS,'ND `LD 00/100ths DOLLARS, ($106,000.00), to the said party of the first part in hand paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged,bath granted,bargained,sold and conveyed,and by these presents does grant,bargain, sell, convey and confirm. unto the said party of the second part,its successors and assigns forever,all the following described lot(s)or parcel(s)of land,situate,lying and being in the County of WELD and State of Colorado.to we: SEE ATTACHED EXHIBIT"A" V also known by street and number as: 12636 IDA STREET,BRIGHTON,COLORADO 80601 ( .. TOGETHER with all and singular the hereditament' and appurtenances thereunto belonging,or in anywise appertaining and the �, ti 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 hereditaments and appurtenances. n TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said party of the In \ second pan, its successors anti assigns forever.And the said party of the first past,for itself,its successors and assigns,cloth covenant, grant, bargain and agree to and with the said patty of the second part,its successors and assigns,that at the time of the ensealing and 64.1 delivery of these presents it is well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance, in law, in fee simple, end bath good right,full power and lawful authority to grant,bargain,sell and convey the same in l manner and form aforesaid, and that the same arc free and clear from all former and other grants,bargains,sales,liens,taxes, assessments and iaeumbeances of whatever kind or nature !never; except for faxes for the current year,a lien but not yet due or payable,easements,restrictions,reservations and rights-of-way of record,If any,and except ',v.; 2446605 B-1501 P-456 07/14/95 04:O8P PG 1 OF 2 EEC DOC Weld County CO Clerk & Recorder 11.00 10.60 and the above bargained premises in the quiet and peaceable possession of the said party of the second pan,its successors and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WAR,iANT•AND FOREVER DEFEND. �[vt rp�ra} S OF, The said party of the first part hash caused its corporate name to be hereunto subscribed by its �, �'prWldefil oryorate seal to he hereunto affixed,attested by its Secretary,the day and year first above written. QYr OR AT rtitei ks fl -f.: us. ENERTEK, INC., A NEW MEXICO t r/ .pl%lf CORPO , A NEW MEXICO CORPORA ION '.1} • by �NEl9*lp'T dl� ecretary R NEY H T-' rest ent • A DEBTOR IN POSSESSION • STATE OF COLORADO )SS. COUNTY OP ADAMS The foregoing instrument was acknowledged before me this 12TH day of JULY 1995 by RODNEY HEATH --- as PRESIDENT /dp(I at of Jf. , •" at a"'a•' I e , a NEW MEXICO Corporation.A ULSlU IN YUbbhbSIUN My commission expires: 03-29-98 • EtANA •< . i ^:Witness my hand and Official seal A'L� :n .y %• lnouy n,nu:\') Na.S.952.(2)wAn6VYlY DEED-Corporation to Corporation•• EXHIBIT A A PARCEL OF LAND IN THE SOUTH HALF (S1/2) OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO, DESCRIBED AS, BEGINNING AT THE SOUTHEAST CORNER OFSECTION 31, THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 31 A DISTANCE OF 1804.55 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD CO. ) THENCE NORTH 13047'30" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1014.41 FEET) THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 31 A DISTANCE OF 298.90 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING WEST 250.00 FEET, THENCE SOUTH 13^47'30" WEST, 180.17 FEET) THENCE EAST 250.00 FEET) THENCE NORTH 1.3047'30" EAST, 180.17 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO 2446605 B-1501 P-456 07/14/95 04:OSP PG 2 OF 2 60(0 2544006 8-1602 P-16 04/22/1997 10:08A PG 1 OF 2 REC DOC Weld County CO TA Suki Tsukamoto Clerk S. Recorder 11.00 10.60 FonuA29S QUITCLAIM DEED THIS QUITCLAIM DEED,Executed this 21st day of 1997 April , , by first party, Frank E. T norio d.b.a. General Concrete Contractors znc. whose post office address is 12636 Ida st. Brighton, Co. 80601 E ?%t 9C dnoir to second party, Karen K. Lehmann and Stephen A. Richmeier G�a..4 eaves whose post office address is 643 So. 5th ave. Brighton, Co. 80601 and ail— /tarney.AC3 11126 Albion ct. Thornton, Co, 80233 respectively six the NESSETH,That the said first party,for good consideration and for the sum of One hundred and ousand Dollars($106,000.00 )paid by the said second party,the receipt whereof is hereby acknowledged,does hereby remise,release and quitclaim unto the said second party forever,all the right,title,inter- est and claim which the said first party has in and to the following described parcel of land,and improvements and appurtenances thereto in the County of Weld ,State of Colorado to wit: See "Attachment A" Legal Description a.k.a. 12636 Ida st. Brighton, Co. 80601 IMWITNESS-WHEREOF,Thesaid-first pmtyhas'signedand'sealed'these presents the day and'year flint above written. Signed,sealed and delivered in presence of: Witness (First `p rj zipn/y rXo/rm is Witness '1 ii /� Seeon Party State of e0Ioh(Cjo ) County of we tt n - On. 4pri1: 2.-1-,MI beforeroe, Eta-int' no Ihrdak). appeared Frani5 e. tenon° pr„,_„,-, K. hohmunn ant Stephen 4l . otclln f,. personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose n� is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or e d behalf of which the person(s)acted,executed the instrument () (pi' " -'9 .Ya WITNES my hand and official seal. = �: s k-1 aQ •`e 1 Signature /tea-f-gl l ,iJ..kpi'.^- - •,'V/bl� -" Signature of Notary Affiant_�jfnown '\ pced,i I, 0.OYnm . dcO- 1'l of ID CObreak/0 11 11I �AI� Type ax`ry'( J'k3�L ISMI !II CEZ isttd Fmnr.Betas you us ai.fanm dud ii,ill is Jl binks.'ad—ray uen yt. 1 AI v soon.Canwlt a I.w err If yes toot Ibe forma tuna far ywv tope¢end na.E-Z 1 Fomn aM 0 trailer m,t_Ino rtpurmolionwwenenry,capers rimpllM,wilM1 tuptn iv lMmdwabitiy of aua fern,fom'nxMsd we arquposr. 0 5 926 2004 5 tknr;><e 155) AUG 2544006 B-1602 P-16 04/22/1997 10:08A PG 2 OF 2 „Attachment A„ Legal Description The land referred to in this Commitment is described as follows, A- PARCEL OP LAND IN THE SOUTH- HALF ((91/2-)- OF SECTION al, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESC2IBED AS, BEGINNING AT THE SOUTHEAST CORNER OF SECTION 31; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 31 A DISTANCE OF 1804.55 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD CO. ; THENCE NORTH 13°47'30" EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1014.41 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 31 A DISTANCE OF 298.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST 250.00 FEET; THENCE SOUTH 13°47'30" WEST, 180.17 FEET; THENCE EAST 250.00 FEET; THENCE NORTH 13^47'30' EAST, 180.17 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO r informational purposes only) 12636 IDA STREET, BRIGHTON, CO Re:- Frank. E. Tenorio. d.b.a. General Concrete Contractors date- 4=21_97 ■ 1 / s� 111111111111111111111111111111111111111 H1111111111111 2388138 01/07/1998 03:20p Weld County CO 1 of 1 R 8.00 D 0.00 JA Suitt T.uk.mot. QUIT CLAIM DEED THIS DEED, Mule this 11th day of December ,I9 97 between General Concrete Contractors, Inc. • • of the County of Weld and State of Colorado 1� 1.d� grantor(s),and Karen K. Lahmann and Stephen A. Richmeier LKGtr3 k"1 Nu y,F whose legal address is 12636 Ida Street, Brighton, CO 00601 of the County of Weld ad Slate of Colorado grantee(s): WITNESSSTH,'Nmuhe graulnr(c),fur end in consideration of the stun of TEN AND NO/100 the receipt and sufficiency of which is hereby DOLLARS,($10.00 ), acknowledged, has remised, released,sold, and QUIT CLAIMED, and by these presents does remise,release,sell,and QUIT CLAIM unto the grantee(s),his heirs,successors and assigns,forever,all the right. title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any,situate,lying and being in the County of Weld ,and State of Colorado,dcsoibed as follows: A parcel of land in the South 1/2 of Section 31, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, described as: Beginning at the Southeast Corner of Section 31, thence West along the South line of said Section 31 a distance of 1804,55 feet to a point on the Westerly right of way line of the Union Pacific Railroad Co., thence North 13'47.30" East along said Westerly right of way line a distance of 1014.41 feet; thence West and parallel to the South line of said Section 31 a distance of 298.90 feet to the. True Point of Beginning; thence continuing West 250.00 feet; thence South 13"47'30• West, 180.17 feet; thence East 250.00 feet; thence North 13'47.30' East, 180.17 feet to the True Point of Beginning, county of Weld, State of Colorado No Doc Pee Required Title Purpose Only Correction Deed to Correct the Grantor in Deed Recorded April 22, 1997 in Book 1602 at Reception No. 2544006, appea edd as Frank E. 'fenorio D.B.A. General Concrete Contractors Inc., whereas title was conveyed to said Grantor as amokCftVrxTedgiirfngeras° eM°Th Slice. reel, Brighton, CO TO HAVE AND TO HOLD the.suss,together with all and singular the eppmtarances and privileges(hereunto belonging,or in anywise thereunto appertaining,and all the estate,right,tide,interest,and claim whatsoever,of the gmntor(s),either in law or f'p uLtviio h;ap�ly propernsa;bel�futufbehouf of the grantee(s);his heirs and assigns forever. f,$ RRo-+u{�O,3$agsber shall include the plural,the plural the singular,and dm use of any gender shall be applicable to all genders. 'e,aD T'NC EREOF,the granlm(a)has executed this deed on the date set forth above. ?a L114 J 4iZHereto Contractors, Inc., uTToott}4 e[ion Fnprio, cress ant noir�it `t`s nuar. • STATE OF COLORADO COUNTY OF ADAMS 1M. 'llte foregoing instrument was acknowledged before Inc this 11th clay of December .19 97 Frank E. Tenorio as President of General Concrete Contractors, Inc., aly Colorado Corporation �aF�� P'9:—.�4f 'g Colnrtr(yb'M?aspires: June 22, 2001 Witness my hand and official seal. C: ap t I kl L (t.( e. c.J.L`E CL. • :i':'•.r-:':i ..' Notary Public Brenda L. Archuleta t NTCLI.miDeftu'taaw Gc... - nee 00a<0a3A97 • 111111 VIII 111111 111111111 1111111 1101111 11111111 1111 2751813 0212512000 02:55P JA Su10 Tsukamoto _ l of 2 R 10.00 D 7.33 Weld County CO 1pi3 WARRANTY DEED el �a a engair THIS DEED. Made this 17th day of February . 2000, /'7t?? t4 hei6 between Karen K. Lohmann and Stephen A. Richmeier fir 1v/-��-��'^Y��_ /AA tiettiff of the County of Adams and Stalenf Colorado , eeotaOO grantor,and Frank Tenorio and Xar en K. Lohmano �.a✓ 47A whose legal address is 643 South 5th Avenue, Sright on, CO 80601 of the County of Adams and State of Colorado ,grantees: WITNESS,That the grantor.for and in consideration of the sumo!' SEVENTY THREE THOUSAND THREE HUNDRED TWELVE AND 20/100 DOLLARS.($73,312.20 ),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents duet grant,bar- gain,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: See Description attached hereto and made a part hereof. also known by street and number as 12636 Ida Street, Brighton, CO 80601 TOGETHER with all and singular the hrrcditatnents 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 o city,of,in and to the above bargained premises, with the hereditament::and appurtenances. TO HAVE AND TO HOLD the said premises shove bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor,fur himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees.their heirs and assigns,that at the tune of the enseabng and delivery of these presents,he is wet! seized of the premises above conveyed, has good,sure,perfect, absolute and indefensible 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 came are free and clear from all former and other grans.hargains,rules.liens,taxes.assessments. encumbrances and restrictions of whatever kind or naturesot ver, except for taxes for the current year,a lien but not yet due and payable,easements,restrictions,reservations,covenants end rights-of-way of record,If any. The grantor shall and will WARRANT AND FOREVER DPFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantees,their heirs and assigns,against all and every person or persona lawfully claiming the whole or any part theca):, The singul number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WIT IESS WIRE OF,the grantor has executed this deed uu the date set forth above. L rhmann e en A. R eier,��Q-<!�. STATE OF Colorado COUNTY OF Adams Iss' ) The foregoing instrument was acknowledged before me this 17th day of February , 2000,by Lohmann and Stephen A. Richmeier Pk a„..- ,c - s June 22, 2001 vQ)ue.tmy//}}��st//dAAand fiaa/ l, rs �• ₹ \` UI.IX.�. „t!-l!147 SA�iHV�Aa' Brenda L. Archuleta Notary Public iC - •-1 amen' ' Iraaaat rearam nd.a uoiieiogee OFcot 5-rc,-0o- (1.0 18(.0 R5A00 'nta2L I 1,10111111111111 III 111111 NINE III 1,1111111 1111 12636 Ida Street 2751613 02125/2000 02:55P JA Sukl Tsukamoto 2 0l 2 A 10.00 D 7.33 Weld County CO LEGAL DESCRIPTION OF DEED DATED February 17, 2000 A parcel of land in the South 1/2 of Section 31, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, described as: Beginning at the Southeast corner of Section 31, thence West along the South line of said Section 31 a distance of 1804.55 feet to a point on the Westerly right of way line of the Union Pacific Railroad Co., thence North 13'47'30" East along said Westerly right of way line a distance of 1014.41 feet; thence West and parallel to the South line of said Section 31 a distance of 298.90 feet to the True Point of Beginning; thence continuing West 250.00 feet; thence South 13'47.30" West, 180.17 feet; thence East 250.00 feet; thence North 13'47'30• East, 180.17 feet to the True Point of Beginning, County of Weld, State of Colorado • ew oo136R5A00 009 WARRANTY DEED /�yf(%�G/��' THIS DEED,Made on March 5, 2004 le/in *WI ;4twesrpett, between Frank Tenorio and Karen K. Lohman /fir CCA•1'`/� _•x�m—J',tr/^II�!��j-^.�— /MA> of the County of Adams Stale or and Colorado grantor,and James Eugene Brienza and Donna Jo Carmella Brienza as Joint Tenants whose legal address in 155 W. 62nd Avenue Denver, CO 80601 of the County of Adams and State of Colorado WITNESS,That Sr grantor,for and in consideration of the sum of ($250,000.00 ) ,gnnkcr. Two hundred fifty thousand dollars and no cents DOLLARS, the receipt end sufficiency of which is hereby acknowledged,has granted,bargained.sold and conveyed,and by these presents does grant,bargain.sell,convey and conftern unto the grantees,their heirs and assigns forever,not in tenancy in common but in joint tenancy,all the real property,together with improvensnts,if any,situate,lying and being in the County of Weld and State of Colorado,decribed as follows: A PARCEL OF LAND IN THE SOUTH 1/2 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 31, THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 31 A DISTANCE OF 1804.55 FEET TO A POINT ON (Continued) 1111111IIIII1111111111111111111111111111111t111 11111111 3180009 03/08/2004 03:02p Weld County, CO 1 of 2 R 11.00 D 25.00 Slave Moreno Clerk&Recorder as known by street and number as: 12636 Ida Street Brighton CO 80603 TOGETHER with all and singular the hereditamene and appurtenances thereunto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents.issues and profits thereof,and all the sloth,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises.wish the herediomena 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 bein and assigns,that at the time of the ensaling and delivery of these presents.he is well seized of the premises above conveyed,had 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 sans in manner and f aforesaid,and that the sane arc free and clear from all loaner and other grants,bargains.sales,liens,taxes,assessments,encumbrances and resoiedons of whatever kind or nature saner,except taxes for the current year and subsequent years, and except easements, restrictions, reservations, right of way and covenants of record, if any. 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. /yII��FI WI/'1,1JyE55 WHEREOF,the granterer,haass executed this deed on die date set forth above. .r /y fen .�Lo rnann i"c/'� onto V� tC//"aren Lohmantl Frank Tenorio STATE OFColorado }SS. County of Adams The foregoing insnunnns was acknowledged before me this 5th day of March byFrank Tenorio and Karen K. Lohmann 04 Winless iasio 5'cial seal. SAMANTHAKOCHIOVELOS MycO gust 22, 2005 NOTARY PUBLIC STATE OF COLORADO 'toy amantha K eo hioveloa My Commission Expires 08/22/2005 LEGAL DESCRIPTION FILE NUMBER; LTO0161408 THE WESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD CO., THENCE 13 DEG. 47 MIN. 30 SEC. EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1014.41 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 31 A DISTANCE OF 298.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST 250.00 FEET; THENCE SOUTH 13 DEG. 47 MIN. 30 SEC. WEST, 180.17 FEET THENCE EAST 250.00 FEET; THENCE NORTH 13 ➢EG. 47 MIN. 30 SEC. EAST, 180.17 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. AEI IIIII IN 111111 III IIIIII 1111111 III 11111/III III! 3160009 03/08/2004 03:02P Weld County,CO 2 of 2 R 11.00 0 25.00 Steve Moreno Clerk&Recorder Weld County Planning Department d March 27, 2006 GREELEY OFFICE 4 d MAR 2 8 2006 o' Ms. Bethany Salzman, Zoning Compliance Officer II RECEIVED rco 0 , Department of Planning Service o LL Compliance Division co , 91810` Street 8 > Greeley, CO 80631 d <Zr'' X p"2. RE: VI-0600031, site address 12636 WCR 2.25, Brighton, CO O1a ' m2' v ° Dear Ms. Salzman Oc8 ' atom I have been retained by Empire Plumbing to review the specific code violations regarding the above-mentioned property. I apologize for the delay in my response as I have been out of town. (See enclosed copy of email to Mr. Chris Gathman, Weld County Planner II, dated 2/28/06.) As I review the current zoning regulations and neighboring C-3 uses, I am having some difficulty finding the specific area of non-conformance, using zoning ordinance Supplement 8, August 2005. i'I From your first correspondence; dated 2/15/06, you state "Empire Plumbing (is working) without the necessary Weld County Zoning permits." It is my experience zoning entitlements would not require additional permitting if the existing use matches the approved zone use or if there were no significant changes in use in a change of ownership. • Per the existing zone map this particular site is zoned C-3 along with several neighboring lots. • Per the current zoning regulations items#6 Warehousing and transfer facilities and#11 Contractor's Shops are specific rights-of-use per the current zoning ordinance. Since there were no significant changes from the previous owner's original uses, (Concrete contracting and oil field contracting/support companies) we do not want to revise zoning as it is already in compliance and has been since this property was approved in 1974. As for requiring an "update" on the site plan —this site and use has continued in compliance and ' was approved prior to this most recent zoning/planning requirement. Since there has been no w significant change of use, we are requesting to be "grandfathered" in as previously approved. z I (There are several other C-3 sites are in the area and I assume that it is not the Compliance Office's intent !I to single this one site out for regulation beyond what is being required of the remaining sites in the County- since this could be construed as arbitrary administration of the code.) [See enclosed maps and aerial r photos.] z • Upon review, I did not find specific guidelines for fencing allowed outside storage in C-3 zoned O L I districts. According to the zoning regulations, C-1 and C-2 specifically do not allow outside .,I F- storage, but C-3 and C-4 do allow uses with outside storage. To keep with a "good neighbor LT, policy" the owner has agreed to screen all fencing next to any lot that is not commercial or ...IA, H industrial zoned—specifically the lot to the east zoned Agricultural. If a fence permit is required 5 the owner or his representative will complete the necessary application for permits to complete J z the screening. 0 Thank-you for your attention in this matter, if there is additional information, questions or • concerns please contact me at my office: 303.659.6692 or email: TCG@rapidoffice.com. W Regards, Zrticto IJhn knai crar t, -CQU€ci I /\ v )�C� Mr. a'a& -cry tic_ onc,e cceuir. b.'C �a r�rzv LLc' iC N�eCrLa cC�l( l`�1t VOA'4Larry Carroll Jr., Pres. {fir , (�'Ct YY �L' `� � The Carroll Group, Ltd. CC. Y Zc uYAJi Yti.. C-i (JC a to CY1 3 - Enclosures �-m-LCYN -c 1n_;,'-9 LL-I' X ctL rn `(iC\C- 1CH hiiJl in k 1"1'Yi.� C�1 QS' CV- . ri ...1-im o a .: t n„1;>M ; C :r./.O c 1. Page 1 of 1 Bethany Salzman From: Chris Gathman Sent: Tuesday, March 14, 2006 7:39 AM To: Bethany Salzman Bethany, Any future correspondence with Jerry Brienza (the pod-a-potty guy) should be addressed to: 12636 Ida Street Brighton, 80603 Chris 03/14/2006 Feb 23 06 01 : 36p Empire Plumbing 303659'512 p. 1 EMPIRE PLUMBING, INC. JI O•rOWN 12636 IDA ST BRIGHTON CO 80603 BUS (303) 981-7502 FAX (303) 659-5512 DATE February 23, 2005 ATTN Bethany Salzman COMPANY Weld County Planning Dept FROM Jerry # OF PAGES 2 (Including Cover Sheet) COMMENTS Thank you Jerry Feb 23 06 01 : 37p Empire Plumbing 303659'512 p. 2 EMPIRE PLUMBING, INC. 12636 IDA ST BRIGHTON CO 80603 BUS (303) 981-7502 FAX (303) 659-5512 February 23, 2006 Attn: Bethany Salzman Zoning Compliance Officer Re: VI-0600031, Part of the S2 Section 31, TIN, R66W of the 6th P.M. Weld County, Colorado Property Owner: James Brienza Acting Agent: Jerry Brienza Dear Ms. Salzman: Please be advised that Jerry Brienza and Empire Plumbing will be retaining the services of Larry Carroll, Jr of The Carroll Group, Ltd to assist us with the possible non- compliance use of the property mentioned above. For us to resolve the non-compliance issue, please inform us what we are not in compliance with in the Weld County Code, Chapter 23. Larry Carroll, Jr will also be in contact with you on our behalf. Thank you for your assistance in this matter, Jerry Brienza President a DEPARTMENT OF PLANNING SERVICES Compliance Division Osttf NORTH OFFICE �� 918 101H Street GREELEY, CO 80631 IWebsite: WWW.CO.WELD.CO.US E-mail Address: bsalzman(a)co.weld.co.us PHONE: (970) 353-610O, Ext. 3555 • FAX: (97O) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-421O, Ext. 8730 FAX: (72O) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE February 22, 2006 MR. & MRS. JAMES BRIENZA 155 W 62 AVE DENVER, CO 80216-1004 Subject: VI-0600031, Part of the S2 of Section 31,Ti N, R66W of the 6'"P.M.,Weld County, Colorado Dear Mr. & Mrs. Brienza: 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 Ill, Div 3 "Commercial Zone Districts" Section 23-3-230 "C-3 (Business Commercial)Zone District." Section 23-3-230.8 "Uses allowed by right." Section 23-3-230.C "Accessory uses." Section 23-3-230.D "Uses by Special Review." Section 23-3-230.E "Site Plan Review Required." During your discussions yesterday with Chris Gathman, Planner On-Call, the following options were discussed to bring the property into compliance with the Weld County Code: ► Board of Appeals. You could apply to appeal the administrative decision regarding outdoor storage in the C-3 (Commercial)Zone District. As was discussed, please be advised that if approved you would still need to apply for a Site Plan Review application. ► Change of Zone. You could apply for a Change of Zone to the Industrial Zone District. As was discussed, please be advised that if approved you would still need to apply for a Site Plan Review application. ► City of Brighton. You could check with the City of Brighton to see if annexation is a viable option and what their requirements would be. Mr. & Mrs. Brienza Page 2, VI-0600031 For questions, I suggest you speak to one of our"On-Call"Planners. To better serve the public,we have 2 locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an"On-Call" Planner is available, Monday thru Thursday from 7:30 a.m. -11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office,an "On-Call"Planner is available Monday thru Thursday from 12:30 p.m.-4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. 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 60 (sixty) days from February 22, 2006, 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 helpful. 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, c3.14tet4101c. . Bethany Salzman Zoning Compliance Officer II pc: VI-0600031 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street IGREELEY, CO 80631 ilpft t(1:t Website: WWW.CO.WELD.CO.US WI pO E-mail Address: bsalzman(aco.weld.co.us PHONE: (970) 353-6100, Ext. 3555 COLORADO FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 L0NGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 February 15, 2006 MR. & MRS. JAMES BRIENZA 155 W 62 AVE DENVER, CO 80216-1004 Subject: VI-0600031, Part of the S2 of Section 31, Ti N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Brienza: 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 with the Weld County Code is the presence of a commercial business,specifically, Empire Plumbing without the necessary Weld County Zoning permits. For questions, I suggest you speak to one of our"On-Call"Planners. To better serve the public,we have 2 locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an"On-Call" Planner is available, Monday thru Thursday from 7:30 a.m.-11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday from 12:30 p.m. —4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. 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, ( Ltatt-0—Pate) Bethany Salzman' Zoning Compliance Officer II pc: VI-0600031 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY O Weld County Department of Planning Services WIIDC Inspection Report COLORADO 918 10`" St Greeley, CO 80631 Date of Inspection: `1 Permit/Case No.: \ U , Property Owner Name: -tlY ke 7,—N-r,2.4 Address: \ (D *D CV- a Upon a(visual)( .i.. ")inspection of the property listed above,the following items were noted: Inspection by: k'2"S'.- Contact Name: .t Contact Phone Number:970-353-6100,Ext. 3555 Copy of this inspection was: ---°—'. Pictures taken during inspection: `(Yes O No Identify Results - Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6287386 Parcel*: 147131000021 - X 4 .4,444,444,4444444 44"4 b A Tax Area: 2522 - Bordering County: Acres: 0 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 - 66 - 31 - 0 - - 1,4"44441`4"`444444444414144"•11w .. �,.. .,.. o Owners Name &Address: Property Address: BRIENZA JAMES EUGENE & Street: 12636 2.25 CR 155 W 62 AVE City: WELD DENVER, CO 80216-1004 Business/Complex: EMPIRE PLUMBING • Sales Summary Sale Date Sale Price Deed Type Reception # 3/5/2004 $250,000 WD 3160009 Legal Description 16015R PT 52 31 1 66 BEG SE COR W1804.55' N13D47'E 1014.41' W298.9'TO TRUE POB W361.1' S13D47'W 354.41' E111.1' N13D47'E 174.24' E250' N13D47'E 180.17'TO BEG EXC BEG SE COR SEC W1804.55' N13D47'E 1014.41' W548.9'TO TRUE POB W111.1' Sl3D47'W 3 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Commercial 2130 Square Feet 49223 Land Subtotal: 49223 $98,446 $28,550 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Commercial Improvements Subtotal: $138,500 $40,160 Total Property Value $236,946 $68,710 Buiidin_gDetai_ls Account#: R6287386 Parcel#: 147131000021 Owners Name &Address: Pr pei Address: BRIENZA JAMES EUGENE & Street: 12636 2.25 CR 155 W 62 AVE City: WELD DENVER, CO 80216-1004 Building# Prop rty_Type 1 Commercial Individual Built As Detail http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14713... 01/25/2006 Identify Results Page 2 of 2 Built As: Office Building Year Built: 1973 Exterior: HVAC: Package Unit Interior Finish: Built As SQ Ft 2448 # of Baths: 0 Roof Type: Gable # 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://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14713... 01/25/2006 -xi i_W { • , g L L - . .-:GU Ltt e\ �n� in � wN�v� w il ii:::' �3. �Q�MN O iVi; Q ~ LAS IT tiigg m m N 8 Z v y W a 3a��tr,''�3 a55 8 I a i�;.�" G co U U,..- mNWN Q r i __ D O +i u4Ot�' U_ 7,;e�e f ' I Wen- .:it V • •--• --- ; w �c,� n Wdw"al W MI Mn • M -t--r.o I .--_ — . ..T,, c i i Q F,p � N i- 6 """ 1i o t u g) a_ N d L�LCC►��prp r�w 'LLCC! 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DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 • Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: 0 ZONING CODE COMPLAINT Staf/Name: 0 Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST& WEEDS Date Complaint was received: Pending Case#(i.e.USR, RE, SE,ect...): Legal Description: Parcel#: .l Violation Address: 1 Property Owners Name: �,., '..C".,(� .'�? � Phone: Property Owners Address: ' i ` 1 .,1, 1' 'T . Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: , Additional Notes: • Page 1 of 1 Bethany Salzman From: Sheri Lockman Sent: Tuesday, January 24, 2006 11:37 AM To: Bethany Salzman Subject: RE: Their realator called to find out what they needed to do to come into compliance. That is why I asked at Staff what to do. I was told to pass it on to you. Talk to Kim or Brad if you want. From: Bethany Salzman Sent: Tuesday, January 24, 2006 11:33 AM To: Sheri Lockman Subject: RE: Did you get a complaint or are they doing an application with us??? From: Sheri Lockman Sent: Tuesday, January 24, 2006 9:32 AM To: Bethany Salzman Subject: A we discussed in staff on Friday, 12636 CR 2.25 Ida Street has a porta potty business running from the site. C-3 zoning does not allow outside storage. Please field check the site and start a violation if needed. Let me know what you find. 1471 31 000021 is the parcel #. They have the option of doing a USR and putting the storage in a building or changing the zone to 1-2 or 1-3. We need a new SPR if they change the zone. 01/26/2006 009 WARRANTY DEED THIS DEED,Made on March 5, 2004 between Frank Tenorio and Karen K. Lohmann of the County of Adams and State of Colorado grantor,and James Eugene Brienza and Donna Jo Carmella Brienza as Joint Tenants whose legal aaar as is 155 W. 62nd Avenue Denver, CO 80601 of the County of Adams and State of Colorado ,grantees: WITNESS,That the grantor,for and in consideration of the sum of ($250,000.00 ) Two hundred fifty thousand dollars and no cents DOLLARS. the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant, bargain,sell,convey and confirm unto the 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, A PARCEL OF LAND IN TEE SOUTH 1/2 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 31, THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 31 A DISTANCE OF 1804.55 FEET TO A POINT ON (Continued) 1111111IIIII IIIII IIIIII III IIIIIIIIIIIII III IIIII"III(III 3180009 03/06/2004 03:02P Weld County, CO 1 of 2 R 11.00 0 25.00 Steve Moreno Clerk&Recorder as known by street and number as. 12636 Ida Street Brighton CO 80603 TOGETHER with all and singular the berediuments and appurtenances thertunm 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 hereditamenta and appurtenances. TO HAVE AND TO HOLD the mid peptises 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 enscahng and delivery of these presents,he is well seized of the premises above conveyed,had 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 sane in tanner and form aforesaid,and that the same are free and clear from all forver and other grants.bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature sower,except taxes for the current year and subsequent years, and except easements, restrictions, reservations, right of way and covenants of record, if any. The grantor shell 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 WI)ESS WHEREOF,the grantor has executed this deed on the date set forth above. L 2 � �i�°) saran Lohmann Frank Tenorio STATE OFCclorado }SS. County of Adams The foregoing insnument was acknowledged before me this 5th day of March 04 byFrank Tenorio and Karen K. Lohmanil Witness , , i .a. cial seal. -r SAMANTHA KOCHIOVELOS My co .Imo r gust 22, 2005 " NOTARY PUBLIC I STATE OF COLORADO / Notary asmanth. Kochioveloa My Commission Expires 08/22/2005 LEGAL DESCRIPTION FILE NUMBER: LT00161408 THE WESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD CO., THENCE 13 DEG. 47 MIN. 30 SEC. EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 1014.41 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE OF SAID SECTION 31 A DISTANCE OF 298.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WEST 250.00 FEET; THENCE SOUTH 13 DEG. 47 MIN. 30 SEC. WEST, 180.17 FEET THENCE EAST 250.00 FEET; THENCE NORTH 13 DEG. 47 MIN. 30 SEC. EAST, 180.17 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. 111111111111 3160009 03/08/2004 03:02P Weld County, CO 2 of 2 R 11.00 D 25.00 Steve Moreno Clerk 8 Recorder IIIIIII 11 111111 N E ' II S \ Brighton / I \ \/Brienza V i ai� /� N....- ( Brighton r J 2006 / 02 / 07 1 T� ! itic / ; 1 ' { ",'�r '4al:,• g,,yi \T • N , F Ga�yy•r 44 k`ii` h ,/ off. . .* F ., �, '• ' * 'fir II , 1e�`r a- 'Z. ,'I.,'�a;n.t� • "•+gr o. %., •j•,,+} 1 • ! • ,pr,ga/- • a „ 'hi-. 4 , , -, i, - � p � I ° i `a 11 � 1 r �_ ` .1 I �J�` \tif -�" � i hit t�4 i a i !1 l't 1 ? . • kps , 1 ■ °�' ► • P .- .-_.__r. � ,et ' fr ..a' ;i, �'`J,1 c :- A / /, Jam. \ � L.\ cY ^ ,• ,' I�/ 'f I } f1 .. �� I � V s ��\� ..`-tT!'�•• ;/�C` 'e�. , 1� 2 6 ,..4,:, Al _ ;..71,,...1 •'•. 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