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HomeMy WebLinkAbout20062806.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST EMILIO GARCIA 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, Emilio Garcia,VI#0600248, 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 10th day of October, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Emilio Garcia 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 December 10, 2006, to allow adequate time for the property owner to complete the screening of 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 VI #0600248 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Emilio Garcia 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 December 10, 2006, to allow adequate time for the property owner to complete the screening of the noncommercial junkyard to bring the subject property into compliance. 2006-2806 PL0824 (Hoc /o - �S o� VIOLATIONS -VI #0600248 - EMILIO GARCIA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of October, A.D., 2006. ♦�'�ti BOARD OF COUNTY COMMISSIONERS Ella WELD CO TY, COLORADO ATTEST: A& 4 ils? J. e -, Chair Weld County Clerk to the By-r¢ 1. P (j. NZ.' ." '� 1:, avid E. Long, rP o-Tem BY: 1)-- -71,--- L, Cl.V1.C i \ DClerk the Boarddm' William H. Jerke AP AS TO EXCUSED Robert D. Masden ounty At rney EXCUSED Glenn Vaad Date of signature: ibiZ`lICco 2006-2806 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Emilio Garcia Violation: VI-0600248 Address: 16070 Hwy 256, LaSalle, CO 80645 Legal: Part of the NW4 of Section 23, T4N, R66W of the 6`" P.M., Weld County, Colorado Location: East of and adjacent to Hwy 85 and South of and adjacent to Hwy 256 North: Agriculture zone districts and Evans city limits South: Agriculture zone districts and Gilcrest city limits East: Agriculture West: Agriculture zone districts and Gilcrest city limits Parcel Number: 1057-23-0-00-045 Certified mail date: July 31, 2006 Received: August 16, 2006 Currently the property is in violation of Chapter 23, Article III, Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. REMEDY To bring the property into compliance the "Noncommercial Junkyard" consisting of several derelict vehicles and derelict camper/trailers shall be restored, removed or completely screened from all adjacent properties and public rights-of-way. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. CASE HISTORY June 2, 2006 Initial complaint received. June 13, 2006 Initial inspection completed. June 14, 2006 Five day compliance encouragement letter issued. June 22, 2006 Violation letter issued. July 31, 2006 Property inspected. Property remains in violation. July 31, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. August 22, 2006 Property owner came into the office to have violation and remedies explained to him. 2006-2806 DEPARTM-.4T OF PLANNING SERVICES North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 WWW.CO.WELD.CO.US ' E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 CFax (970) 304-6498 O Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 July 31, 2006 Emilio Garcia 16070 Hwy 256 LaSalle, CO 80645 Subject: VI-0600248, Part of the NW4 of Section 23, T4N, R66W of the 6'h P.M., Weld County, Colorado Dear Mr. Garcia: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on October 10,2006 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 Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right" Section 23-3-30 "Accessory Uses" Section 23-3-30.1 "Noncommercial Junkyard" To bring the property into compliance: The "Noncommercial Junkyard" consisting of several derelict vehicles and possibly derelict camper/trailer shall be restored, removed or completely screened from all adjacent properties and public rights-of-way. Additionally,there have been reports of the camper/trailer being occupied. Unfortunately, there are no provisions in the County Code for this type of use. The camper/trailer shall remain unoccupied and disconnected from all utilities at all times. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone District allows,the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; .s not have valid registration with the Stat s required by Section 42-3-103,42-3-1,58 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. RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions designed to be used as a dwelling for travel, recreation or vacation USES. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. For the purpose of this Code,a RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for MOBILE HOMES as provided in this Chapter when its placement is intended for nontransient residency. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY Farm Use, TEMPORARY ACCESSORY USE During a Medical Hardship,TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. JUNK: Scrap brass, iron, lead, tin,zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or rates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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, anktvio Ann Siron Zoning Compliance Officer pc: VI-0600248 Department of Planning Services Bruce Barker, County Attorney • SENeE•: C•M•LETS TH/S SECTI+N GM•LETE TN/S SECTI.N eN•ELIVE•Y ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X 17 Agent so that we can return the card to you. t 0 Addressee ■ Attach this card to the back of the mailpiece, B. Received or on the front if space permits. (P^^�Name) C. :r e�Dgy > 1. Article Addressed to: D. Isydeliveerry�address different from item 1? ❑Yes 0� GARCIA g epartmeniter delivery address below O No EMILIO G Weld County Planning t ry 16070 HWY 256 GREELEY OF E LASALLE, CO 80645 AUG 1I06 {�y ` ice Type 90 it ified Mail ❑Express Mail Registered 0 Return Receipt for Merchandise ❑Insured Mail ❑C.C.D. 4. Restricted Delivery?(Extra Fee)2, Article Number O Yes (rransferimmservicelabelj 7005 1160 0001 4537 8844 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service,,., s CERTIFIED MAIL RECEIPT to (Domestic Mall Only;No Insurance Coverage Provided) a0 P.r•slivery int•rmati•n visit •ur we•site at www.usps.c•m„N rn a =r Postage $ H O Certified Fee O O Return Receipt Fee Postmark (Endorsement Required) Here O Restricted Delivery Fee ..D (Endorsement Required) Total Postage&Fees u'I EMILIO GARCIA r Street.Apt No.; or PO Box No. 16070 H61X.-ZS.6 City,State.Z/P+4 11 LASALLE CO 80645 ' t ,� Weld County Department of M1 Planning Services useInspection Report COLORADO 918 10"' St Greeley, CO 80631 Date of Inspection: - , - --,• Permit/Case No.: , , t Property Owner Name: lam' ' � �,j Address: y,l ti'1, Upon a(visual)(on-site)inspection of the property listed above,the following iten were noted: / r Inspection by: it . ) Contact Name: l tl p_r� ._;r. Contact Phone Number: 970-353-6100, Ext. 3555 Copy of this inspection was: ❑ i fr on c, Pictures taken during inspection: O Yes 'CINo DEPARTMENT O}- rtANNING SERVICES -0.;%•N North Office Code Compliance Division 918 10th Street, Greeley, CO O.0 0631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970)353-6100, Ext. 3566 CFax: (970) 304-6498 O Southwest Office • 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE June 22, 2006 Emilio Garcia 16070 Hwy 256 LaSalle, CO 80645 Subject: VI-0600248, Part of the NW4 of Section 23,T4N, R66W of the 6`"P.M.,Weld County,Colorado Dear Mr. Garcia: 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 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right" Section 23-3-30 "Accessory uses" Section 23-3-30.1 "Noncommercial Junkyard" To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"consisting of several derelict vehicles and possibly derelict camper trailer shall be restored,removed or completely screened from all adjacent properties and public rights-of-way. Additionally there have been reports of the camper/trailer being occupied. Unfortunately,there are no provisions in the County Code for this type of use. The camper/trailer shall remain unoccupied and disconnected from all utilities at all times. 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 VEHICELS. If the Zone district allows,the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. DERELICT VEHICLE: IA vehicle that is inoperable(unable to move unuer 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. 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 30 (thirty)days from June 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, GLitiLtLicuo Ann Siron Zoning Compliance Officer pc: VI-0600248 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES Q North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website:te: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3566 Fax: (970) 304-6498 C Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 June 14, 2006 Emilio Garcia 16070 Hwy 256 LaSalle, CO 80645 Subject: VI-0600248, Part of the NW4 of Section 23, T4N, R66W, Weld County, Colorado Dear Mr. Garcia: 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"Noncommercial Junkyard"consisting of several derelict vehicles. There are also concerns that a camper/trailer is currently being occupied. There are no provisions in the County Code for this type of use. 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. Sincer ly, Ann iron Zoning Compliance Officer pc: VI-0600248 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY l • T �r Weld County Department of 111 Planning Services Inspection Report COLORADO 918 10`" St Greeley, CO 80631 Date of Inspection: e ' - ,' Permit/Case No.: t. Property Owner Name: _ , Address: , Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: (2071, ),,-' 'r r cI V Inspection by: Contact Name: . , , Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection vas:—t7±eft on Site--EFlailed-err:-. Pictures taken during inspection: 61'es O No • DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division C 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: V, —6110094 V D"/ZONING CODE COMPLAINT ❑ Staff/Name: Citizen ❑ Other: to 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: LO _3 -Olt Pending Case#(i.e.USR, RE, SE, ect...'): I _. I Legal Description: N14 (23-�4'I�1.Q Parcel#: Im 1- 23-b -0w-0-I S Violation Address: `Loin t Q asu Pe Property Owners Name: CM CI AJJQ, Phone: Property Owners Address: ����1111 Tenant's Name: - Phone: Tenant's Address: ``` ''' NATURE OF COMPLAINT: t Il111nnn c C 1+10,-;thu 7U>,QA � Got Di1t, JQ_t3 ' p.AL $_Additional Notes: VN. 1 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4419486 Parcel*: 105723000045 Tax Area: 0104 Bordering County: V ` -ODogAg Acres: 0.33 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 04 -66 - 23 - 0 - - Owners Name&Address: Property Address: GARCIA EMILIO L Street: 16070 256 HWY LASALLE 16070 HWY 256 City: LASALLE LASALLE, CO 80645 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 8/31/2005 $138,000 WD 3319518 Legal Description 17173 PT NW4 23 4 66 BEG 420'E &30'S OF NW COR SEC S01D39'W 63.45' S32D46'W 62.65' S85D46'W 48.35' S72.85'TO N BANK OF DITCH NWLY 40' N01D38'W 164.87'TH E TO BEG EXC UPRR RES SITUS: 16070 256 HWY LASALLE 806450000 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 0.33 Land Subtotal: 0.33 $9,900 $790 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $88,835 $7,070 Total Property Value $98,735 $7,860 Building Details Account#: R4419486 Parcel#: 105723000045 Owners Name&Address: Property Address: GARCIA EMILIO L Street: 16070 256 HWY LASALLE 16070 HWY 256 City: LASALLE LASALLE, CO 80645 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1907 Exterior: Frame Hardboard HVAC: Floor/Wall Furnace http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10572... 06/08/2006 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1152 # of Baths: 1 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 7 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: 576 Basement: Total SQ Ft Finished SQ Ft: http://maps.merrick.com/W ebsite/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=105 72... 06/08/2006 Blank Page 1 of 1 Ann Siron From: Phillip Brewer Sent: Friday, June 02, 2006 2:10 PM To: Ann Siron; Bethany Salzman Subject: Another"Complaint" Again, which one of you wants this note? I just received a call from a person whose name is "Cipriana" (392-4447)who is reporting that a camping trailer is serving as a residence on a property in Peckham. Cipriana indicated that the trailer is "home"for people, and doubts it has running water and ISDS hookup. She has picked up a sewage-like smell in that area. The property is Parcel# 105723000045, at 16070 WCR 256,just directly west of the "old" Dirty Dan's vehicle repair shop on the SW corner of Hwy 85 and Hwy 256 in Peckham. See you later, sometime, somewhere, for some reason! Phil 06/06/2006 vi -oi ocQ4 ' 9 � E�ry 4 1 1 x y ��{ , .gyp _•iT a isL - a+43 ,slE' Ek� ; .; II ilikiii311.1 �" z Iii1 Y E >.1 i s adY eD g L7 g i ndh- i rf ≥fit do thi t til -4-p am w y E n t L i ,{ t7, n�t d .. 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Garcia Address: 16070 Hwy 256 LaSalle, CO 80645 WARRANTY DEED THIS DEED, made this 31st day of August, 2005, between Daniel L. Baker, Debra K. Baker and Brendon S. Baker whose address is, , , grantor, and Emilio L. Garcia whose legal address is 16070 Highway 256, LaSalle, CO 80645, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of S138,000.00, 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, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Weld and State of Colorado described as follows: All that part of the NW 1/4 of Section 23, Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, which is more particularly described as follows: Beginning at a point which is 420 feet East and 30 feet South of the Northwest corner of said Section 23; thence South 1°39' West 63.45 feet; thence South 32°46' West 62.65 feet; thence South 85°46' West 48.35 feet; thence South 72.85 feet to a point on the North bank of a ditch; thence Northwesterly along said North bank, a distance of 40 feet; thence North 01°38' West, a distance of 164.87 feet; thence East to the point of beginning. Together with 50% interest in Domestic Well #43223 also known by street and number as: 16070 Hwy 256, LaSalle, CO 80645 TOGETHER with all and singular the hereditaments 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, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Flit Number: 20057777 om,D (: StuartTitle STEWART TITLE Ea Warranty Deed- Photographic Record(Individual) g/3.6.O Page I of3 1111111 11111 11111 11111 MI II 11111111 III 11111 IIII Ill 3319518 09/02/2005 03:06P Weld County, CO 2 of 2 R 11.00 0 13.80 Steve Moreno Clerk& Recorder grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except General taxes for the year 2005 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8b (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements, if any. General taxes for 2004, payable in 2005, and except restrictions, reservations, rights of way, and easements of record, or in place. The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his 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. ITNESS WHEREOF, the grantor has execute is deed on the date set forth above. C-W Dam . Bakel S e ra K. Baker • ' C)-2�. Brendon S. Baker STATE OF Colorado COUNTY OF Weld The foregoing instrument was acknowledged before me this 31st day of August, 2005, by Daniel L. Baker, Debra K. Baker and Brendon S. Baker My commission expires June 18, 2009. Witness my hand and official sea I. i, Po µ t' 41�y1(h S,an J x.,ttet p.P Y.... Nry Public: Rhonda D. Renouf"'i- Vf RHONDA D. File Number: 20057777 ° RENOUF Stewart Tide N�•. QO Warranty Deed-Photographic Record(Individual) 9 ../c et) 2 of 3 OF CO\-� I I } GARCIA, EMILIO VI-0600248 i s . ) N,NNN _ / M CC U 85 A" e -• • II "..>�. �C ` • �i . ` / ti •`1.. :i r '`Y�� • 1. Ol ' I ql,_II • . ({a �' .:itiEt . k I • }yy �I �L tip, f �.Jl I. ��} •..D 1 1, y. I 11 • } • 1•a 1)r rM Elia WI 7,Y II i V II 1 17,j(r II I i I ' i f. �.� 11i ,'Ii 41 ' iIli I l: � it `/ I i IS J‘..."(1114„; ^ ��' e, ti { ,. .a, • . cifirio fff ti ��� • l •• ti 4 '� • A l �l 1 • r1f` y . Hello