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HomeMy WebLinkAbout20073468.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ROBERT SJOBERG 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, Robert Sjoberg, ZCV #0701120, 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 13th day of November, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation,and WHEREAS, Robert Sjoberg 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 13, 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#0701120 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Robert Sjoberg 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 13, 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. 2007-3468 PL0824 CO ', 12_ o oL- itaa -a 7 VIOLATIONS - ZCV#0701120 - ROBERT SJOBERG PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D., 2007. .---7t7":2";--,:,,, BOARD OF COUNTY COMMISSIONERS � 1 a , '�" ' ELQ 6OUNTY, COLORADO ATTEST: �N� ,* 4 1 ` D id E. Long, Chair Weld County Clerk to the B "�1i,p e"Y '� CUSED V illiam H. Jerk, Pro Tem BY: A VCtil / �/ De y Cl the Board `-L� t 7- William F. Garcia APPROVED AS TO FORM: EXCUSED Robert D. Masden fj-ji-C y Atto ey c/ ougla Rademach Date of signature: to 2007-3468 PL0824 Violation Summary Report BASIC INFORMATION SJOBERG ROBERT K 30435 CR 59 GILL, CO 80624 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV07-01120 Situs Address: 30435 CR 59 Legal: 35 6 64 LOT A REC EXEMPT RE-1179 MOBILE/MODULAR TITLE: MSO SERIAL: 220304109637AB YEAR: 2003 MAKE: CHAMPION SIZE: 32X60 SITUS: 30435 59 CR WELD 806310000 Location: Location West of and adjacent to CR 59 and approximately 1/2 mile North of CR 62 North Agricultural South Agricultural East Agricultural West Agricultural Parcel Number: 080135400046-R2622503 Acreage: 2.03 Certified Mail Date: 10/10/2007 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. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planninc Services. REMEDY 2007-3468 Violation Summary Report THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office but to delay any legal action for 30 days. LETTER HISTORY 08/29/2007 Complaint Validated 08/29/2007 LTTR: 5 Day Letter 09/07/2007 LTTR: Violation Notice 10/10/2007 LTTR: Hearing Notification OTHER CASE HISTORY 08/16/2007 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: 10+ DERELICT VEHICLES AND BOAT 10/05/2007 Phone Call SPOKE WITH MR. SJOBERG ON THE PHONE. HE STATED MOST OF THE VEHICLES WERE HIS STOCK CARS. SOME OF THEM HE WANTS TO GET RID OF BUT HAS NO TITLES FOR THEM. I STATED THAT HE WOULD BE SCHEDUELED INTO NOVEMBER"S VIOLATION HEARINGS AN ANY EXTENSIONS WOULD NEED TO BE GRANTED BY THE BOARD. HE ASKED ABOUT SCREENING AND I EXPLAINED TO HIM THAT ANYTHING OUTSIDE OF YOUR TYPICAL WOOD FENCING, IT IS RECOMMENDED THAT HE RUN IT BY THE PLANNING DEPARTMENT FOR APPROVAL. HE SAID THAT HE JUST MOVED ONTO THE PROPERTY II' AUGUST AND HE WOULD LIKE TO BUILD A SHOP BUT HAS NOT HAD AN OPPORTUNITY TO. I TOLD HIM TO SEE HOW MUCH HE COULD GET DONE BEFORE THE HEARINGS AND THEN TO CALL ME AND WE COULD DISCUSS A REASONABLE TIME TO REQUEST FOR AN EXTENSION. DF^4RTMENT OF PLANNING SERVICES (it (‘----...;*%\\:, Compliance Divisior NORTH OFFICE 918 10th Stree Greeley, CO 8063" Email Address: asiron@co.weld.co.w "lige Phone Number: 970-353-6100 x356( Fax Number: 970-304-649£ SOUTHWEST OFFICE 4209 CR 24.5 CIOWRA'LO Longmont, CO 80504 Phone: (720)652-4210, Ext 8730 October 10, 2007 SJOBERG ROBERT K 30435 CR 59 GILL, CO 80624 Violation Number: ZCV07-01120 Legal Description: 35 6 64 LOT A REC EXEMPT RE-1179 MOBILE/MODULAR TITLE: MSO SERIAL: 220304109637AB YEAR: 2003 MAKE: CHAMPION SIZE: 32X60 SITUS: 30435 59 CR WELD 806310000 Dear SJOBERG ROBERT K: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 11/13/2007 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way DF^ARTMENT OF PLANNING SERVICE: ( Ittcw,„ \\\ Compliance Divisioi NORTH OFFICE 918 10th Stree Greeley, CO 8063'63'Email Address: asiron@co.weld.co.w Phone Number: 970-353-6100 x356( Fax Number: SOUTHWEST OFFICE 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. 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. Sincc ely, Cam" a'1_,) Ann Siron Zoning Compliance Officer pc: ZCV07-01120 Department of Planning Services Bruce Barker, County Attorney Dr"ARTMENT OF PLANNING SERVICE: (it 'il.‘.."\\\I Compliance Divisioi NORTH OFFICE 918 CO10th 063 Greeley, C 8063 Email Address: asiron@co.weld.co.u, Phone Number: 970-353-6100 x3561 Fax Number: 970-304-6491 SOUTHWEST OFFICE T R 4209 CR COLO RADO Longmont, COC 80504 Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 September 07, 2007 SJOBERG ROBERT K 30435 CR 59 GILL, CO 80624 Legal Description: ZCV07-01120 35 6 64 LOT A REC EXEMPT RE-1179 MOBILE/MODULAR TITLE: MSO SERIAL: 220304109637AB YEAR: 2003 MAKE: CHAMPION SIZE: 32X60 SITUS: 30435 59 CR WELD 806310000 Dear: SJOBERG ROBERT K : 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: DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES SHALL BE RESTORED, REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. It is the intention of this office to assist and cooperate with you without imposing undue hardhsips; however, we have no discretion in this matter if you fail to correct this violation. You have until 10/08/2007, 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, OVILM S(0--"Of Ann Siron Zoning Compliance Officer pc: ZCV07-01120 Department of Planning Services Bruce Barker, County Attorney D' 1RTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 Email Address: asiron@co.weld.co.us Phone: 970-353-6100 x3566 ingig tilei Fax: 970-304-6498 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO Longmont, , O 80504 Phone: (720)652-4210, Ext 8730 Fax: (720) 652-4211 August 29, 2007 SJOBERG ROBERT K 30435 CR 59 GILL, CO 80624 Legal Description: ZCV07-01120 35 6 64 LOT A REC EXEMPT RE-1179 MOBILE/MODULAR TITLE: MSO SERIAL: 220304109637AB YEAR: 2003 MAKE: CHAMPION SIZE: 32X60 SITUS: 30435 59 CR WELD 806310000 Dear SJOBERG ROBERT K: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s)with the Weld County Code are as follow: A NONOCOMMERCIAL JUNKYARD CONSISTING OF 10+ DERELICT VEHICLES. 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, 4,,;),QO Ann Siron Zoning Compliance Officer pc: ZCV07-01120 Department of Planning Services Bruce Barker, County Attorney Weld County Department of Planning Services wi`Dc. Inspection Report COLORADO 918 10"' St Greeley, CO 80631 Date of Inspection: ' Permit/Case No.: Property Owner Name: Address: Upon a(visual)(on-site) inspection of the property listed above,the following items were noted: Inspection by: Contact Name: Contact Phone Number: 970-353-6100, Ext. 3555 or Ext. 3566 Copy of this inspection was: - O-Left-on,Site__Q Mailed-nn Pictures taken during inspection: 0 Yes 0 No If ir DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'" 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: ZONING CODE COMPLAINT ❑ Staff/Name: ❑ Citizen 0 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: O '/L0 O2 Pending Case#(i.e.USR, RE,lSE, //ect...): D �/ l ///�J� Legal Description: % O7/41- '� l 01-24or M1t 4741 Parcel#: D210 1 3-t/( '/ Violation Address: 2'0436 e_ 6 gill/ eO ?OLc2il Property Owners Name: RQhe f 5j C.-i:e 1' Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: �p// �J/- ',l� �1[/ NATURE OF COMPLAINT: /O tde't/ a` v '- I /es • Additional Notes: _P��6C, f — LO �Pt 'ffl t, a_; aitt 3 1 u S ti -� 5§,„v�tndyy�.. w. .e1„ 'y .. L. .c..oi&se gqgp' 4 4 #..:. Lk ' ;. N J .. Or d n �? • a C _ �NoNrr _ y ,' '✓"' r se 5 N = w• gut . : w� e _ r, V4 t aeR a`, r' 2Q7O d V tr7 ail 7 ' $. n af'ri 52O .. 3 , NmL7 N117 w„,fk • xy rub' " �r d s fs: M U C 1 M N • 3 vey -44: _-.4 /'//@,w+, i m ,ax a E 7. i2. - to y m Z d d - (r �11144:4 I �"' � N _ • A '2 E © Q W �.ti a `I R' T i f..._t' "* LL Illllm� If1I1�iL ¢ I[ n ZI a LL l L-., T allW C _ li p W r fi ri `I y.'FigLL iJ � G 0 L Q u.c. : •X L' _ li - _ m / - R c s o - s. ii '•-{'. y 'A a ������ii ., S'.:y9611 E.,;: ::,„,. :ry, w L w_ a �... t.�-� ¢ F© .J, `......fl 'S>p Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2622503 Parcel#: 080135400046 Tax Area: 0743 Bordering County: Acres: 1.8 Township Range Section Quart. Sec. Sub_div_ison Name Block# Lot# 06 - 64 - 35 -4 Owners Name&Address: Property Address: :.•T K Street: 30435 59 CR 3045 CR 59 City: WELD , • 80624 Business/Complex: Sales Summary Sale Date Sale Price Deed_Tyne Reception# 3/16/2007 $120,000 SWD 3466177 Legal Description 35 6 64 LOT A REC EXEMPT RE-1179 MOBILE/MODULAR TITLE: MSO SERIAL: 220304109637AB YEAR: 2003 MAKE: CHAMPION SIZE: 32X60 SITUS: 30435 59 CR WELD 806310000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Acres 1.8 Land Subtotal: 1.8 $50,400 $4,010 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building Improvements Subtotal: $128,186 $10,200 Total Property Value $178,586 $14,210 Building Details Account#: R2622503 Parcel#: 080135400046 Owners Name_&Address: Property Address: SJOBERG ROBERT K Street: 30435 59 CR 3045 CR 59 City: WELD GILL, CO 80624 Building# Property Type 1 Residential Individual Built As Detail Built As: Modular Year Built: 2003 httn://mans2.memck.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0801... 05/09/2007 Identify Results Page 2 of 2 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1736 # of Baths: 2 Roof Type: Gable # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 5 Units: 1 Garage: Attached SQ Ft Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R2622503 Parcel#: 080135400046 Owners Name&Address: Property Address: SJOBERG ROBERT K Street: 30435 59 CR 3045 CR 59 City: WELD GILL, CO 80624 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 2003 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 400 #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://maus2.merrick.com/Website/W e1d/setSq l.asp?cmd=QUERY&DET=PP&pin=0801... 05/09/2007 1 4 7- \ : ll VII ly Lam.%L- _ -- ;A 1 _ I I j/ -i '/---',_ , 4 , / — -. :L 2 • • ill?a- r HI := L----: b _ / -35- 36 N , _ --, , / ((7<&-7 '., r, ,--/- , \ , \,_____„7 r , , I ��� I r , ' ' I I I 1,4� 1: _12 Record&Return scr 1111111 VIII IIII'1111111 II Ililll II'llll III'llll IIII IIII Colorado Prestige Escrow Re: 06,990 73, 3466177 04/03/2007 11:10A Weld County,CO 999 I8t St.,#260 1 of 2 R 11.00 D 12.00 Steve Moreno Clerk&Recorder Denver CO 80202 SPECIAL WARRANTY DEED Homesales, Inc. having an address at, 10790 Rancho Bernardo Road, San Diego, California 92127 ("Grantor"),for and in consideration of the sum of One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00),and other good and valuable consideration in hand paid to Grantor herein by Robert K. Sjoberg,having an address at 30435 Weld County Road 59,Gill,Colorado 80624("Grantee(s)")receipt of which is hereby acknowledged and confessed;has GRANTED,SOLD AND CONVEYED,and by these presents does GRANT, SELL AND CONVEY unto Grantee(s) all of the following real property, described as follows: LOT A OF RECORDED EXEMPTION NO.080I354REI 179 RECORDED AUGUST 17,1989 IN BOOK 1241 AS RECEPTION NO.2188823 BEING A PART OF THE NORTH 1/2 OF THE SOUTHEAST I/4 OF SECTION 35 TOWNSHIP 6 NORTH RANGE 64 WEST OF THE 6TH PM, COUNTY OF WELD, STATE OF COLORADO. which has a street address of 30435 Weld County Road 59,Gill,Colorado 80624 This Conveyance is made by Grantor subject to the following exceptions: (a) discrepancies, conflict in boundary lines shortage in area and encroachments which would be disclosed through a correct and proper survey or physical inspection of the Property; (b) any and all covenants, conditions, easements, reservations, rights-of-way and restrictions affecting the property as evidenced by instruments filed in the public records of the county where in property is located; (c)any water rights,claims or title to water, in,on or under the land,or ditches or ditch rights, water share, water stock, whether shown by the public records, or otherwise; (d)any interest in oil,coal and other minerals or mineral rights,whether express or implied, associated with, or incidental to the ownership of the property, or the exercise of rights under any oil,gas,coal or mineral reservation,grant or lease,and all rights privileges and easements with respect thereto, or assignments thereof, of interests therein;and (e)real property taxes,general assessments and special assessments on the Property being conveyed hereby,becoming due and payable after the date of this Deed. Grantee(s) by acceptance of this Deed acknowledges that Grantor acquired title to the property through foreclosure,deed-in-lieu of foreclosure or other means of enforcement of a lien in favor of Grantor. Grantor while in title, has not been in actual physical possession of the property, and therefore, the Property is being sold to Grantee(s), and Grantee(s), by acceptance of this Deed, accepts the Property "AS IS", "WHERE IS", without any recourse to Grantor, and with no representations or warranties of any kind or nature being made by Grantor as to the condition, fitness or status of the Property,except as to the special warranties of title as specifically set forth herein. TO HAVE AND TO HOLD the herein described property, together with all in singular the rights appurtenances thereto belonging unto the said Grantee(s), Grantee(s)' heirs, legal representatives, successors and assigns forever. Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND the property described herein, unto the said Grantee(s) and Grantee(s)'heirs,legal representatives,successors and assigns against every person whomsoever lawfully claiming the same or any part thereof,by,through and under Grantor,but not otherwise. SIGNATURE PAGE TO FOLLOW IN In MI 1111111 1 1 1111111111111 1 1 1 1 1 1 3466171 04/03/2007 11:10A Weld County,Co 2 of 2 R 11.00 0 12.00 Steve Moreno Clerk&Recorder Effective as of the He day of March,2007. GRANTOR: Homesales,Inc. As: jelfr Of Home S Gle5,�nC, STATE OF@lctartnCefl1 ) )ss. DickkCOUNTY OF SA ni a The forgoingSpecial Warranty Deed was acknowledged before me this �0 day of March, 2007 by SUS OWL NarbGY as A'L/p of (4t2,yYtr<akal t N.C - as Attorney in Fact for Homesales,Inc. WITNESS MY HAND AND 'OFFICIAL SEAL. 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