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HomeMy WebLinkAbout20073699.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINSTJOHN NICKOL SR.FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, John Nickol Sr., ZCV#0701023, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 11th day of December, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, John Nickol Sr. was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS,the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until January 11, 2008, to allow adequate time for the property owner to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0701023 be, and hereby is, referred to the Weld County Attorney's Office for legal action against John Nickol Sr.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 January 11, 2008, to allow adequate time for the property owner to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way to bring the subject property into compliance. 2007-3699 PL0824 �� I , lei OCR I -'7/0 7 VIOLATIONS - ZCV#0701023 - JOHN NICKOL SR. PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 11th day of December, A.D., 2007. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO ATTEST: Mk/2h • c.. C David E. Long, Chair 1 Weld County Clerk to the Board r � 1� :AV illiam H. Jerke, Pr Tem BY: ..L.L_ an f De' ty Clef to the Boa :;� � = f / W' 'am F... Garcia AP O D • A\ Robert D. Masden Attorney SAhrw....clicir ougl Rademach r Date of signature: 1�`19 r-7 2007-3699 PL0824 Violation Summary Report BASIC INFORMATION NICKOL JOHN RAYMOND SR & 15544 COUNTY RD 18 FORT LUPTON, CO 80621 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV07-01023 Situs Address: 15544 CR 18 Legal: AR4-1 L1 BLK4 ARISTOCRAT RANCHETTES INC SITUS: 15544 18 CR FORT LUPTON 80621 Location: Location South of and adjacent to CR 18 and East of and adjacent to CR 31 North Agriculture with residences South Industrial plant/Agriculture East Agriculture West Agriculture with minimal residences Parcel Number: 130927104003-R5195686 Acreage: 1.00 Certified Mail Date: 10/29/2007 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-20; to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planninc Services. REMEDY During my last inspection, I noted considerable progress; however, there was still an old farm truck, 2 Recreational Vehicles and a Camper/trailer. If these vehicles are all operational and have current licens€ plates, then just call me and let me know who they are registered under so I can run a DMV check. If not, hopefully by scheduling this hearing out until December it will give you enough time to bring the property into compliance by either removing, restoring or completely SCREENing the DERELICT VEHICLES. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office, but to delay legal action for 30 days. LETTER HISTORY 2007-3699 Violation Summary Report 04/30/2007 Complaint Validated 04/30/2007 LTTR: 5 Day Letter 05/17/2007 LTTR: Violation Notice 06/15/2007 LTTR: Violation Notice 06/29/2007 LTTR: Violation Notice 10/29/2007 LTTR: Hearing Notification OTHER CASE HISTORY 04/24/2007 Property Inspected Upon a visual inspection of the property, the following items were noted: Derelict Vehicles, tires and household trash. Commercial Equipment. No pictures were taken during this inspection. 06/15/2007 Phone Call Carol Nickol (303-857-2744) called. She indicated that they don"t have any Commercial Vehicles. She did say that they have 2 small tractor's that they use to maintain their property and during the winter use for snow removal. They don"t charge or rent them out. I told her that those were no longer an issue then. She said as for the Derelict Vehicles, her husband does have a 41 Dodge Pick-up that he is in the process of restoring. She also indicated that 1 of their neighbors is installing a barn and is storing a derelict vehicle on their property until the barn is done (supposedly it will be done within 30 days). She said her husband did organize some lumber on the property. She also indicated that they bought a garage kit and intend to construct as soon as their finances recover from this past winter. She said the tires are spare tires for the vehicles they currently drive. I explained that the truck and tires were going to need to be screened from adjacent properties and the road. I explained that maybe a temporary fence could be constructed until they install the garage. She asked about a tarp. I explained that typically we do not approve them, but I would need to see what it.would look like before giving her a definate answer. I explained that while they only have 1 vehicle, other individuals may have multiple vehicles and tarps would not look sightly, but I told her that I would look at what they propose. She asked me to go ahead and drive by to take a peak at what her husband has done already. I told her I would. 10/23/2007 Property Inspected Upon a visual inspection of the property, the following items were noted: old farm truck, 2+ Recreational Vehicles and 1 camper/trailer. No pictures were taken during this inspection. 11/02/2007 Certified Mail Receipt Certified mail receipt received signed. Dr .RTMENT OF PLANNING SERVICES C'S Compliance Division NORTH OFFICE 1 10th Street 60 •` Greeley, COC 80631 ■ Email Address: bsalzman@co.weld.co.us ■■ Phone Number: 720-652-4210 x 8739 Fax Number: 720-652-4211 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 October 29, 2007 NICKOL JOHN RAYMOND SR & 15544 COUNTY RD 18 FORT LUPTON, CO 80621 Violation Number: ZCV07-01023 Legal Description: AR4-1 L1 BLK4 ARISTOCRAT RANCHETTES INC SITUS: 15544 18 CR FORT LUPTON 80621 Dear NICKOL JOHN RAYMOND SR &: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: During my last inspection, I noted considerable progress; however, there was still an old farm truck, 2 Recreational Vehicles and a Camper/trailer. If these vehicles are all operational and have current license plates, then just call me SEN•E•: C•M•LETETHISSECTI•N CIM•LETETHISSECTUNON •ELIVE•Y • Complete items 1,2,and 3-Also complete A. Si, atu item 4 if Restricted Cslivery is desired. O Agent II Print your name and address on the reverse X. ��� �'�� ❑Addressee so that we can return the card to you. S. Received by(Print-•Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, I or on the front if space permits. V 011 YL /IC C CO D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No aVn N'tcx..o\ CZ 15J�"�14 bA- -� f 3. Service Type --`��, X Certified Mail ❑ Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mall O C.O.D. �p 4- Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Trransferfrom service label) 7006 0810 0002 6777 4661 PS Form 3811, February 2004 Domestic Retum Receipt 102595.02-M-1540 DI RTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 Email Address: bsalzman@co.weld.co.us 1 ID II 1 Phone Number: 720-652-4210 x 8739 720Co Fax Number: EST O -4211 FILESOUTHWEST OFFICE 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 and let me know who they are registered under so I can run a DMV check. If not, hopefully by scheduling this hearing out until December it will give you enough time to bring the property into compliance by either removing, restoring or completely SCREENing the DERELICT VEHICLES. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commisioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salzman `_ 1 U.S. Postal ServiceTM Zoning Compliance Officer II a CERTIFIED MAIL', RECEIPT pc: ZCV07-01023 Lo (Domestic Mail Only;No Insurance Coverage Provided) F rtlelrvery inf•rmat1 nv urwesite atwww.us•s.c•m® • • De artment of Planning Services f` gra p Bruce Barker, County Attorney r. r` -a Postage $ ti Certified Fee p Postmark ReturnReceiptRequired) Fee - Here tur (Endorsement CI Restricted Delivery qu R Required) rq - (Endorsement e ) Total Postage&Fees O ent 70 .-'1, y j� x _ N b`aeet,Apt.No.; �� p \QR or PO Box No. City.State,ZIP+4 -sou Al A `I i r nili r ev PS Form 3800,June 2002 See Reverse for Instructions DI .RTMENT OF PLANNING SERVICES rikt, „\A, Compliance Division NORTH OFFICE 9181 Street Greeley, CO 80631 Email Address: bsalzman@co.weld.co.us Phone Number: 720-652-4210 x 8739 Fax Number: E 651 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO ADO Longmont, CO 80504 W4Ji.rViii311 Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 June 15, 2007 NICKOL JOHN RAYMOND SR & 15544 COUNTY RD 18 FORT LUPTON, CO 80621 Legal Description: ZCV07-01023 AR4-1 L1 BLK4 ARISTOCRAT RANCHETTES INC SITUS: 15544 18 CR FORT LUPTON 80621 Dear: NICKOL JOHN RAYMOND SR & : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currenly your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. To bring your property into compliance with the Weld County Code: The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES and tires shall be removed, restored or completely SCREENED from all adjacent properties and public rights-of-ways. It is the intention of this off o assist and cooperate with you without it sing undue hardhsips; however, we have no discretion in this matter if you fail to correct this violation. You have until 08/15/2007, 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 Salzman Zoning Compliance Officer II pc: ZCV07-01023 Department of Planning Services Bruce Barker, County Attorney C 11,RTMENT OF PLANNING SERVICES rat S1T Compliance Division NORTH OFFICE 918 10th Street CO Greeley, C 80631 Email Address'. bsalzman@co.weld.co.us II I Phone Number: 970-353-6100 x3555. , C Fax Number: 970-304-6498 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO w.LiJi1t3JJ DO Longmont, CO 80504 Phone: (720)652-4210, Ext 8730 Fax: (720) 652-4211 May 17, 2007 p , 344 i19NICKOL JOHN RAYMOND SR & �� kiV nn15544 COUNTY RD 18 n` '�.� `C1- FORT LUPTON, CO 80621 LjV W Legal Description: ZCV07-01023 AR4-1 L1 BLK4 ARISTOCRAT RANCHETTES INC SITUS: 15544 18 CR FORT LUPTON 80621 Dear: NICKOL JOHN RAYMOND SR & : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currenly your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 23-3-30.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty(80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. To bring your property into compliance with the Weld County Code: The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, tires and household trash shall be removed, restored or completely SCREENED from all adjacent properties and public rights-of-ways. Since you are situated within a subdivision, you are allowed to apply for 1 (one) COMMERCIAL VEHICLE. For your convenience, I am including a Zoning Permit for a Commercial Vehicle (ZPCV) application with this letter. It is the intention of this of to assist and cooperate with you without Dsing undue hardhsips; however, we have no discretion in this matter if you fail to correct this violation. You have until 06/18/2007, 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 Salzman Zoning Compliance Officer II pc: ZCV07-01023 Department of Planning Services Bruce Barker, County Attorney Pt e'er Weld County Department of Planning Services WiiIDc. Inspection Report COLORADO 918 10t° SY 1 � Greeley, CO 80631 Date of Inspection:{xib�A-at-A- I Permit/CaseNo.: a„A//V-1 C-1-Q'ca,�j Property Owner Name: t\ 1O1.--0\ t v-16\( 1 E4 Ctoko' Address: \ 61-t d et t p Upon a (visual)(m ¢) inspection of the property listed above, the following items were noted: Us-Jack v FScY c c4 , -VII-P. el h .hotci Inspection byll-S Contact Name: -- 10.1S Contact Phone Number: 970-353-6100,E xt. 3555 Copy of this inspection was: - - Pictures taken during inspection: O Yes $No I Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5195686 Parcel#: 130927104003 Tax Area: 2241 Bordering County: Acres: 0.99 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 02 66 - 27 1 ARISTOCRAT RANCHETTES INC 04 1 O Owners Name &Address: Property Address: , :� NICKOL JOHN RAYMOND SR & Street: 15544 18 CR `, ` 15544 COUNTY RD 18 City: WELD �(,,, /�/U FORT LUPTON, CO 80621 Additional Owners: NICKOL CAROL FRANCIS Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 6/28/2002 $182,500 WD 2965849 Legal Descri tp ion AR4-1 Ll BLK4 ARISTOCRAT RANCHETTES INC SITUS: 15544 18 CR FORT LUPTON 80621 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $49,500 $3,940 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building Improvements Subtotal: $102,642 $8,170 Total Property Value $152,142 $12,110 Building Details Account#: R5195686 Parcel#: 130927104003 Owners Name &Address: Property Address: NICKOL JOHN RAYMOND SR& Street: 15544 18 CR 15544 COUNTY RD 18 City: WELD FORT LUPTON, CO 80621 Building# Property Type 1 Residential http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=1309... 04/27/2007 Identify Results Page 2 of 2 Individual Built As Detail Built As: Ranch 1 Story Year Built: 1994 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1508 #of Baths: 2 Roof Type: #of Bdrms: 4 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R5195686 Parcel#: 130927104003 Owners Name &Address: Property Address_ NICKOL JOHN RAYMOND SR& Street: 15544 18 CR 15544 COUNTY RD 18 City: WELD FORT LUPTON, CO 80621 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1991 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 128 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: • htto://mans2.merrick.com/W ebsite/W eld/setSq I.asp?cmd=QUERY&DET=PP&pin=1309... 04/27/2007 a DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 918 10th Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 • COLORADO • ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: D ZONING CODE COMPLAINT Staff/Name:A'W'f)C\( n Citizen 0 Other, ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT O PUBLIC WORKS/PEST&WEEDS Date Complaint was received: CA-a14-0-1 Pending Case#(i.e. USR, RE, SE,ect...): /� c Legal Description: 11� 1 k ltC1 }N \iSf( C �O �1I14�fMarcel#: `ai- \-0 p�-t'mc J Violation Address: \"t j `\\L� ,\ N , , Property Owners Name: t1�--ct' 1 `�.Ii V \ �--r!! l ND\ Phone: Property ' Property Owners Address: - `(" k �1 l L �Xt ?) Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Nil(it P« V QA hi1W.l> a`cAtee \A l POO LOX- -N C[ -NNec P ( tY Eev IsspC!\6r Additional Notes: 849 11111111 IIIIIII 1111 viii 11111111111 III Lilt Q11 1111 2965849 1 05.00/2002 10:32AJ.A Weld Courtly,CO 1 of 1 R 5.00 0 18.25 J.A." e dI"ounty,C to Filed for record the day of ,A.D. , at o'clock M. RECORDER By DEPUTY. 11 L. Reception No. x WARRANTY DEED •• THIS DEED, Made on this day of lune 28,2002 between RODRIGO SALAZAR AND FRANK SALAZAR State Documentary Fee Dater asr S of the County of WELD and State of Colo e , • ' - , , and JOHN RAYMOND NICKOL.SR.AND CAROL FRANCIS NICKOL whose legal address is : 15544 WELD COUNTY ROAD 18,FORT LUPTON,CO 80621 of the County of WELD and State of Colorado , of the Grantee(s): O. WITNESS, That the Grantor(s), for and in consideration of the sun of ( $182.500.00 1 •••One Hundred Eighty Two Thousand Five Hundred and 00/100'1" 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 Grantee(s), their heirs and assigns forever, not in tenancy in cannon 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 fellows: LOT I,BLOCK 4,ARISTOCRAT RANCHETTES,INC.SUBDIVISION.COUNTY OF WELD,STATE OF COLORADO. also known as street number 15544 WELD COUNTY ROAD 18,FORT LUPTON,CO 80621 TOGETHER with all and singular and hereditements and appurtenances thereto 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(s), either in law or equity, of, in and to the above bargained premises, with the heredi taments and appurtenances; unto the Grantee(s), TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is welt seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, end has good right, full power and lawful authority to grant, bargain, • sell and convey the same in manner and form es aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature seever, SUBJECT TO GENERAL TAXES FOR THE YEAR 2002;AND EASEMENTS.RESERVATIONS,RESTRICTIONS.COVENANTS AND h RIGHTS OF WAY OP RECORD,IF ANY;AND DISTRIBUTION UTILITY EASEMENTS;AND MATTERS NOT SHOWN BY THE PUBLIC ,{ TAXING I DISTRICT; ND THE GRANTEE FITS AND BURDENS OF ANYDECLARATIONND IAND PARTY WALL AGREEMENTS.NTS.N OF THE PROPERTY WITHIN YF SPECIAL NY iz The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained pre ss in the quiet and peaceable , possession of the Grantee(s), his hairs and assigns, against all and every perso o persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, end the plurl e singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this eed date s t orth above.il RODRIGO SA1 A9AR : rm RANK SALAZA B '0'' GO SALAZ. R 'S ATTO EY IN FACT STATE OF Colorado ) )sa. County of JEFFERSON ) 4 JENNIFER GILLESPIE NOTARY PUBLIC STATE OF COLORADO My Commission Expires Apol 5,2U0D The foregoing instrument was acknowledged before me on this day of June 28,2002 by RODRIGO SALAZAR INDIVIDUALLY AND AS ATTORNEY IN FACT FOR FRANK SALAZAR a My commission expires Witness my hand and official seal. / �/L/�(,� 2/1 / Not y Public 'Jq Name and Address of Person Creating Newly Created Legal Description ( 38.35-106.5, C.N.S.) s Escrow# 025013115 When Recorded Return to: JOHN RAYMOND NICKOL, SR. AND CAROL • Title# FC25013115 r FRANCIS NICKOL vtFRt 15544 WELD COUNTY ROAD 18 _I• Form No. 921A Rev 4-94. 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