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HomeMy WebLinkAbout20061019.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST PAULA MARTINEZ 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,Paula Martinez,VI#0500396,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 April, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Paula Martinez 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 June 11, 2006, to allow adequate time for the property owner to complete the screening around the noncommercial junkyard 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 #0500396 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Paula Martinez 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 11, 2006, to allow adequate time for the property owner to complete the screening around the noncommercial junkyard to bring the subject property into compliance. 2006-1019 PL0824 Co ', VIOLATIONS -VI #0500396 - PAULA MARTINEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of April, A.D., 2006. BOARD OF C UNTY COMMISSIONERS ._/D `I!� WELD CO , COLORADO ATTEST: �/ /1 a`� M. J. , Chair Weld County Clerk to to l51:� C, David E. Long, Pro-Tem Deputy Clerk to the Boar.� �� %ll Will{ . Jerke AP AS TO FO 11\\ Robert D. Malden un Attorney EXCUSED Glenn Vaad Date of signature: 04- //—O6 2006-1019 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Paula Martinez Violation: VI-0500396 Situs Address: 49443 CR 23, Wellington, CO 80549 Mailing Address: PO Box 1435, Wellington, CO 80549 Legal: Part of the N2SE4 of Section 26, T9N, R67W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to CR 23 and Y mile North of CR 100 North: Agricultural South: Agricultural East: Agricultural West: Agricultural Parcel Number: 0453-26-0-00-006 Acreage: 79.09 +/-Acres Certified mail date: February 22, 2006 Received: February 27, 2006 Currently the property is in violation of Chapter 23, Article Ill, 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 shall be removed, restored or screened from all adjacent properties and public road 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 November 16, 2005 Initial complaint received. November 18, 2005 Initial inspection completed. November 28, 2005 Five day compliance encouragement letter issued. December 5, 2005 Violation letter issued. January 12, 2006 Property inspected. Property remains in violation. 2006-1019 January 16, 2006 30 day extension granted because progress had taken place to screen area. February 21, 2006 Property inspected. Property remains in violation. February 22, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Q DEPARTM"4T OF PLANNING SERVICES KitNorth Office Code Compliance Division 918 10th Street, Greeley, CO 80631 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US C ' E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 O Fax (970) 304-6498 Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 February 22, 2006 Ms. Paula Martinez PO Box 1435 49443 CR 23 Wellington, CO 80549 Subject: VI-0500396, Part of the N2SE4 of Section 26, T9N, R67W of the 6th P.M., Weld County, Colorado Dear Ms. Martinez: 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 11, 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 shall be removed, restored or screened from all adjacent properties and all public road right-of-ways. Should you bring your property into compliance before the above scheduled hearings, please call and schedule an inspection with me and I will be able to remove you from the docket; otherwise, violation hearings will continue as scheduled. 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 VEHICLES vehicle that is inoperable (unable to mo inder its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; odes 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. 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, t L%i`L 1,)(La2i Ann Siron Zoning Compliance Officer pc: Vl-0500396 Department of Planning Services Bruce Barker, County Attorney SEN•E': C•M•LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N •ELIVE•Y • Complete items 1,2,and 3.Also complete A. Signature item 4'rf Restricted Delivery is desired. P p ❑Agent • Print your name and address on the reverse X —1 n.. :_ • 0 Addressee 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, • 2 a � . or on the front if space permits. 1 r •!'�••!!• p""-•• - �� D. Is del t item 17 ❑Yes 1. Article Addressed to: If YES,en[N er�de rveary below: ❑ No MS. PAULA MARTINEZ FEB274 2006 PO BOX 1435 49443 CR 23 • WELLINGTON, CO 80549 3. Service Type XEM Certified Mail O Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 1160 0001 4537 6833 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-O2-M-1540 iakect Weld County Department of Planning Services WIIDe Inspection Report COLORADO 918 10`° St Greeley, CO 80631 Date of Inspection: " 1)1-(:)? n Permit/Case No.: '�,} J -6 ba ) -;- (1/61 Property Owner Name: i i 1G:;`7"t ( j 6 z Address: '/Yic/ 3 Upon a(visual)(on-site) inspection of the property listed above, the following items were noted: E (1; Di(: IA(." '_. i 'C � d ., .'r'. Inspection by: ! Contact Name: '` U ) Contact Phone Number: 970-353-6100, Ext. 3555 Copy of this inspection was: O Left on Site O Mailed on: �Y Pictures taken during inspection: YesnS O No ftitC/ari Weld County Department of Planning Services Wi`De Inspection Report COLORADO 918 10`" st Greeley, CO 80631 Date of Inspection: ( - - Permit/Case No.: A — (ispr Property Owner Name: 7/i(t /l irk r--- Address: `=>- . . Upon a (visual)(on-site) inspection of the property listed above,the following items were noted: In h Li)—v r mot.v u �t C " Inspection by: ? ` J Contact Name: ( u° rt tom. ^0 L Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspect-6n was: 0 Left on Site 0 Mailed on: Pictures taken during inspection: 12t es No DEPARTMENT OF PLANNING SERVICES North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us Phone: (970)353-6100, Ext. 3566 'give Fax: (970) 304-6498 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 January 16, 2006 Ms. Paula Martinez PO Box 1435 49443 CR 23 Wellington, CO 80549 Subject: VI-0500396, Part of the N2SE4 of Section 26,T9N, R67W of the 6th P.M.,Weld County,Colorado Dear Ms. Martinez: 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: During a drive-by inspection conducted on January 12, 2006 it was noted that the fencing of the"Noncommercial Junkyard"consisting of several derelict vehicles has begun to take place. I will grant a 30 day extension at this time. However, if the property has not been brought into compliance by completely screening the Noncommercial Junkyard from all adjacent properties and public rights-of-way then I no longer have any discretion in this matter and a hearing will be scheduled before the Board of County Commissioners. 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. ANONCOMMERCIALJUNKYARD 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 visu. SCREENED from all ADJACENT propertie, and public rights-of- way. DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment,as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry,farm tractors or vehicles customarily operated in a FARMING operation. JUNK: Scrap brass, iron, lead,tin,zinc;all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates;building materials ;fabrication of any material;used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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 January 16, 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, alit471 444). Ann Siron Zoning Compliance Officer pc: VI-0500396 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT Or PLANNING SERVICES b North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 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 December 5, 2005 Ms. Paula Martinez PO Box 1435 49443 CR 23 Wellington, CO 80549 Subject: VI-0500396, Part of the N2SE4 of Section 26,T9N, R67W of the 61h P.M.,Weld County,Colorado Dear Mr. & Mrs. Martinez: 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 III, 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: As discussed during a phone conversation with James Martinez, the "Noncommercial Junkyard"consisting of derelict vehicles shall be removed, restored or completely screened from all adjacent properties and public rights-of-way. You stated that you would like to use some of them as obstacles for a paint ball setup. If you still choose to use them, the area would need to be completely screened as well. If you do not plan to use them immediately, they shall be screened in the meantime. We also discussed that in the next 30 days a letter would be submitted stating what would be done with the vehicles. Please be as specific as possible and include a screening plan showing the area that will be screened and the material that will be used. If you find it to be more convenient, I am willing to meet with you onsite and you can point out your plans for each vehicle. Feel free to call the number above to make an appointment to meet onsite. Additionally, some progress shall be made on the property before an additional extension can be made. NONCOMMERCIAL....NKYARD: An area where any waste,junk L., 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 SCREEENED from all ADJACENT properties and public rights-of- way. DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry,farm tractors or vehicles customarily operated in a FARMING operation. JUNK: Scrap brass, iron, lead,tin,zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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 December 5, 2005, 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,,, -440-n----2 Ann Siron Zoning Compliance Officer pc: VI-0500396 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES (eil d North R Office th Code Compliance Division 918 1 e: Street, Greeley, CO O.0 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us Phone: (970) 353-6100, Ext. 3566 Fax: (970)304-6498 WI ID O Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 November 28, 2005 Ms. Paula Martinez Po Box 1435 49443 CR 23 Wellington, CO 80549 Subject: VI-0500396, Part of the N2SE4 of Section 26, T9N, R67W, Weld County, Colorado Dear Ms. Martinez: 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 at least 20 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, Ann Siron Zoning Compliance Officer pc: Vl-0500396 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY &tom Weld County Department of Planning Services WILDc. Inspection Report COLORADO 918 10th St Greeley, CO 80631 Date of Inspection: Permit/Case No.: V — G-):'1i S t_c Property Owner Name: • �:. ' ', Address: i. /;yr, y::, Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: Inspection by: � Contact Name: v , Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspectiomwas: Q Lef n: Pictures taken during inspection:L.2tes O No Tilt .:. 41 i',t x r • �'. ; ,,,tit ! • • t? ; . ; r ... 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C) �J a_y m C) a_ o - :' j ' U- Q L ;! o, -� ‹c .„3: d d tz cn..,.... , KitDEPARTMENT OF PLANNING SERVICES I Code Compliance Division C918 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: ./ I - 05003`14 fa ZONING CODE COMPLAINT tr Staff/NamePrt UC -By O Citizen O 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: II- I L -( Pending Case#(i.e.USR,RE, SE,ect...): / Legal Description: N135F4 gg(o -q - [r7 L / Parcel#: / ly/rj ?'tV^ - 0GC0O)C(r, Violation Address: '-I 't -1 g (,(Z 2 (I_�P I/ i')3 fan. ( '(\, 8/} Ct Property Owners Name: -&-&I)/a nicer-tint- 7 Phone: Property Owners Address: f)/ KOX (4 2yc LUe l h!r -F-nn C Tenant's Name: Phone: Tenant's Address:NATURE OF COMPLAINT: )-r' / +)J rl e ea& C.'. a Elflt 0 \e rj Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8576100 Parcel#: 045326000006 Tax Area: 0915 Bordering County: ' ' - ;.:11/;„7 4,; L.c Acres: 79.09 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 09 - 67 - 26 - 0 - - Owners Name&Address: Property Address: MARTINEZ PAULA& Street: 49443 23 CR P 0 BOX 1435 City: WELD WELLINGTON, CO 80549 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 10/25/2000 $81,500 WD 2803591 Legal Description N25E4 26-9-67 (,91R) SITUS: 49443 23 CR WELD 806310000 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4127 Acres 32.5 Agricultural 4127 Acres 42.59 Agricultural 4127 Acres 4 Land Subtotal: • 79.09 $3,041 $880 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed value 1 Mobile Home Improvements Subtotal: $47,091 $3,750 Total Property Value $50,132 $4,630 Building Details Account#: R8576100 Parcel#: 045326000006 Owners Name &Address: Property Address: MARTINEZ PAULA& Street: 49443 23 CR P 0 BOX 1435 City: WELD WELLINGTON, CO 80549 Building# Property Type 1 Mobile Home Individual Built As Detail Built As: Double Wide Year Built: 2000 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=04532... 11/22/2005 Identify Results Page 2 of 2 Exterior: Hardboard Sheet HVAC: Forced Air Interior Finish: Drywall Built As SQ.Ft: 1420 # of Baths: 2 Roof Type: Gable # of Bdrms: 3 Roof Cover: Shingle Comp # of Stories: 1 Rooms: 4 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft Finished SQ Ft: Mobile Home Details MH Make MH Length MH Width Medallion 0 0 • • http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=04532... 11/22/2005 Y, `yid° t1 .x a y fi r s -0 t• - v .... ,`t "r : 4::,. 'a 4`s _� e key .'y ret ✓ E.'.£ w xx 3 h y z vY :'°I ry _-,2:46,:g5: 14',, u t. Ty:, Dr S1 fG (3jj NJY.^� 1 &, ak, a F , ','gijp ar. n ,' . h` s r . 3^'L 1 g n 3 it ., 'klq 'hY `^ itµ ',.,s �y le',/,_; �� . K r b.jy,4 y;'±4f ",24x 1 1 J µ * ' x l t4. £t h y s ,a,4„ k k Mc,< ₹*u4 o „-,*4,7,4-,. ha ` o r 3i *4S.`-45 '4 k ktq � fl'° h 3.i+ TMY.+ e'f rip ftet,,g pr —Y tf Fr. s ,� d��� ! tv � y�;-1 ei v �'tzn_ ,i e ,4"Cw iY'� 4 ,,,,sot„, �,,. -7N-0,@e. `3 �„ e'&'-`t _'*x v ii b .q h 4`Y9+ 'Z '''iz,2u 4 ; -"r # }}xV, f iky,'i^ ' ` , .iy 5�, 1-4 � 7 �4�4��'F �� iT�Mr f; � $ A 34 4 4,4,:- w4 r s,,:p • -'..s,;.: $6 -';'''''',,'":4:-'r. 'k r. i. c �a _ t ro_IP s z/V /:/77.77 4 L L / ,.. e . 1 � --m.>' m.+ .-a 'sa_.. r es ' ; \ V/ 1111111111111111111 III 111111 III 1111111 III 11III II/III 2803591 10/31/2000 11:30A JA Sub Tsukamoto 1 of 2 R 10.00 D 8.15 Weld County CO 61 ! WARRANTY DEED THIS I)ENCI), made on 10/25/00 between Anderson Wheat Farms, Inc. of the County of Larimer and State of Colorado , grantor, and Paula Martinez and James p� Claycomb 71,whose legal address is Beg its WEL,Ny7DN Co Sdsv9 of the County of Larimer and State of Colorado , grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Eighty one thousand five hundred dollars and no cents COLLARS, the receipt and sufficiency of which if hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, hie heirs and assigns forever, 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: The N 1/2 of the SE 1/4 of Section 26, Township 9 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. as known by street and numbers as: TBD Weld County Road 23 Nunn, CO 80648 TOGETHER with all and singular the hereditament° 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 hereditament° and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, hie heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the 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, 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 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 for general taxes and assessments for the year 2000 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. See attached Exhibit "A" Exceptions Continued which is incorporated herewith by mention; The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable possession of the grantee, hie heirs and assigns, against all and every person or persons lawfully claiming the whole of 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 WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. CL.^-044...4,- Li/Lao.J4 Fun.,. 4..c. Anderson Wheat Farms, Inc. By 2�c<t✓ J w€,... ,ti aien...e , h Paul . enny, orney-In- t O STATE or Colorado • } i. s' a43a`n,.•o County of Larimer '� C 3� ;�-i The foregoing instrument was acknowlecKsO etppr•i is 25th day of October , 2000 by Paul J. Kenny, Attorney-In-Fact foi-A deppd,n eat Farms, Inc. Witness my hand and off' ia ea� '`/My commies' n expires 05/13/04 lido # Public 121349 FSR No.fRA.Rev.10-P7 Warranty seedleor Photographic Record) WORTH AMZRIC M Tighe 0.YPANT EXHIBIT"A" EXCEPTIONS CONTINUED Right of way for ditches or canals or reservoirs constructed by the authority of the United States, as reserved in United States Patent recorded January 3, 1914 in Book 385 at Page 562. 1/2 interest in all oil, gas and/or other minerals as reserved by Deed recorded in Book 233 at Page 56, and any and all assignments thereof or interests therein. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company recorded October 1, 1981, in Book 949 under Reception No. 1870705. (b) Associated Natural Gas, Inc. recorded July 20, 1984, in Book 1037 under Reception No. 1974810 and recorded October 1, 1984, in Book 1045 under Reception No. 1983584 and recorded March 3, 1988, in Book 1187 under Reception No. 2132709 and recorded April 10, 1989, in Book 1229 under Reception No. 2175917. (c) Colorado Interstate Gas Company recorded August 31, 1984, in Book 1041 under Reception No. 1979784. 11111111111111111111111111111111111111111111111111111 2803691 10/31/2000 11:30A JA Sold Teukamoto 2 of 2 R 10.00 0 8.15 Weld County CO File No. 121349 ANDERSON WHEAT FARMS,INC.TO MARTINEZ/CLAYCOMB ( Vacant Land,Weld County,Colorado ` MARI1NEZ, PAULA VI-0500396 M N fY C R 100 I' r 4 I . � `_ Y'• OJT . -acs v _ _ .. __ • _. O. - -• 4 1 a A. I r-w { . T-- fa- - t� - �' 7i� � ~4, a / --4, jai,Si l _ -i��_ S - --- c--.. $ '"- ' — _ -. S Imam,•r a „ . ?r cr..' ,Jy I.X`"rt, (911:41,. -•14;;tA•ri. 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