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HomeMy WebLinkAbout20060132.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JORGE AND BLANCA BENITEZ 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, Jorge and Blanca Benitez, VI #0500047, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 10th day of January, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jorge and Blanca Benitez were 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 February 10, 2006, to allow adequate time for the property owners to complete all inspections and have a final approval to bring the subject property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0500047 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Jorge and Blanca Benitez 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 February 10, 2006, to allow adequate time for the property owners to complete all inspections and have a final approval. 2006-0132 PL0824 Cc-. PL, U10c-- or 4-0(0 VIOLATIONS -VI #0500047 - JORGE AND BLANCA BENITEZ PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 10th day of January, A.D., 2006. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: LEM '/ S,.., a CUSED t � c J. Geile, Chair Weld County Clerk to the , iw.r * . .acP XCUSED �u� Qo 1 fC��`1 � David E. Long, Pro-Tern BY: �T" U D puty Cle to the Board "Th, &- /. I Jerke 57: D � t�-- Robe D. Masd n 1� A Glenn Vaad Date of signature: Ii �1,ac 2006-0132 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Jorge and Blanca Benitez Violation: VI-0500047 Address: 513 Jordan Way, Brighton, CO 80603 Legal: Lot 10, Siarra Run, Weld County, Colorado Location: East of 1-76, '/z mile north of County Road 2 North: Agricultural property South: Residential agricultural subdivision East: Agricultural property West: Town of Lochbuie Parcel Number: 1473-31-1-02-010 Acres: 4.36 Certified mail date: December 20, 2005 Received: Currently the property is in violation of: Chapter 29, Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, all inspections shall be completed and the permit for the detached garage shall have all inspections completed and a final approval. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as there has been no response from either the letters or telephone calls. CASE HISTORY January 18, 2005 10-day compliance letter issued. February 11, 2005 30-day violation letter issued. March 8, 2005 Mr. Benitez was in the office and requested an extension. Extension granted to 04/15/05. April 20, 2005 10-day letter reminding extension has expired, inspections should be scheduled. May 5, 2005 30-day violation letter issued. June 15, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. July 19, 2005 Certified letter returned "Unclaimed." 2006-0132 Violation Summary VI-0500047 page two August 12, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. September 12, 2005 Certified letter returned "Unclaimed" December 9, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners; also mailed regular mail. December 16, 2005 Both letters returned. December 20, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. Previous letters had been mailed to the listed address of 1116 Lilac Drive, this letter mailed to the situs address at 513 Jordan Way. December 28, 2005 Left message on home phone to call me. I also advised of the date and time of the violation hearing on January 10, 2006. I then spoke with Terri Benitez who lives next door. She verified they are living at the Jordan Way address and that I have the correct phone number. January 4, 2005 Left message to call me regarding the violation hearing. 6 DEPARTMcNT OF PLAN NING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 ' pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 December 20, 2005 JORGE AND BLANCA BENITEZ 513 JORDAN WAY BRIGHTON CO 80603 Subject: VI-0500047, Lot 10, Siarra Run, Weld County, Colorado Dear Mr. and Mrs. Benitez: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 10, 2006, at 10:00 a.m., to consider the violations. The property is in violation of the following Section of the Weld County Code: Section 29-8-40 "Expiration of Permit." To bring your property into compliance: All necessary inspections shall be completed and the permit for the detached garage shall have final approval. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. ely, Peggy Gregory Building Compliance Officer pc: VI-0500047 BCS-030565 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal ServiceTM CERTIFIED MAIL. RECEIPT ri L n (Domestic Mail Only;No Insurance Coverage Provided) F•r elivery int•rmati•n visit•ur we•site at www.us•s.o•ts- mo O L rl Postage $ m p Certified Fee O Postmark p Return Receipt Fee Here (Endorsement Required) e o Restricted Delivery Fee - ▪ (Endorsement liv Required) co ru Total Postage&Fees $a,p o :nt To JORGE AND BLANCA BENITEZ N Street,Apt.No.; or PO Box No. 513 JORDAN WAY City,State,ZIP+4 BRIGHTON CO 80603 PS Form 3800.June 2002 See Reverse for Instructions c N � IeN •l W N �� � lise 4H n `- d .... E N LL I^ N Y n W 6 Q J rs OMM, NO waingn 0 o z R = w b _ izir Li, lama = �i. m o CI F= Cr Z O W - i �. r m a _ ru V — �� Q :T i 0 Q (.i N CO 0OU i} QOZO }7 J f7ILI J2 I. N X la O , m iii it) in O .a U I E C cc) 4O o• C O ).. C C 14 S")t.. Ca A M iP t0 E.a Eto d � tx) w 0 a3n13921 ms o '`' s d SOOZ 9 1330 co L o 0.= r m 0 O m a 0 3313.30 A313389 Cddap Euluueld 6juno3 PIaM �(IF vA s.o X3.8 p DEPARTMLnIT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 pgregory@co.weld.co.us CPhone (970) 353-6100, Ext. 3568 O Fax: (970)30 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 December 9, 2005 JORGE AND BLANCA BENITEZ 1116 LILAC DR BRIGHTON CO 80601 Subject: VI-0500047, Lot 10, Siarra Run, Weld County, Colorado Dear Mr. and Mrs. Benitez: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 10, 2006, at 10:00 a.m., to consider the violations. The property is in violation of the following Section of the Weld County Code: Section 29-8-40 "Expiration of Permit." To bring your property into compliance: All necessary inspections shall be completed and the permit for the detached garage shall have final approval. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. cer- , '17 At er � / l l � Tr Peggy Gregory Building Compliance Officer pc:Vl-0500047 BCS-030565 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service. S CERTIFIED MAIL. RECEIPT. rR (Domestic Mail Only;No Insurance Coverage Provided) • • rr F r•elivery inf rmatin visit•ur we•site at www.us s.c moo o ul Postage $ m p Certified Fee O Postmark O Return Receipt Fee Here (Endorsement Required) ired) Restricted Delivery Fee m (Endorsement Required) N Total Postage a Fees O ent To o Jorge and Blanca Benitez N -Street Apt.No.; or PO Box No. 1116 Lilac DR City,State.ziP+a Brighton CO 80601 PS Form 3800,June 2002 See Reverse for Instructions N22 ll y. er'N o m ¢ b4¢ ®®®® N GI O GI IX N LL \ pil ,........ ... d �r �ww bf o r S - - 0$UN41 004 .11 V 'L _ • gym-a. z I m = o _ o, _ C IIIIIIIIIIIMIS N - - O O C C a) ru m o co co O oc co co It a) r- m00 i? -a m 0 c — c a3 J O rn,- m h ��N / a O BY � •a to cn › • ;4... mo 0' ly G di CO j O trI t5E i to 01/4O mUNO = c o a, CO p. 42. 1 ¢ ap ax ' ❑ mrnC7 .A 4 (i}tp DEPARTML,JT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 ' C pgregory@co.weld.co.us Phone (970) 353-6100, Ext. 3568 Planning Deis O ;MeatFax:: (9(970)30 304-6498 COLORADO W 4 too ;RE i EW Of�E SOUTHWEST OFFICE 4209 CR 24.5 7$05 Longmont, CO 80504 SE? 1. 2 Phone: (720) 652-4210, Ext. 8730 MEDFax: (720)652-4211 August 12, 2005 Jorge and Blanca Benitez 1116 Lilac DR Brighton CO 80601 Subject: VI-0500047, Lot 10, Siarra Run, Weld County, Colorado Dear Mr. and Mrs. Benitez: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 13,2005, at 10:00 a.m., to consider the violations. The property is in violation of the following Section of the Weld County Code: Section 29-8-40 "Expiration of Permit." To bring your property into compliance: All necessary inspections shall be completed and the permit for the detached garage shall have final approval. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. �I Y, Peggy Gregory Building Compliance Officer pc: VI-0500047 BCS-030565 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street ' Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO SOUTHW EST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 August 12, 2005 Jorge and Blanca Benitez 1116 Lilac DR Brighton CO 80601 Subject: VI-0500047, Lot 10, Siarra Run, Weld County, Colorado Dear Mr. and Mrs. Benitez: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 13, 2005, at 10:00 a.m., to consider the violations. The property is in violation of the following Section of the Weld County Code: Section 29-8-40 "Expiration of Permit." To bring your property into compliance: • All necessary inspections shall be completed and the permit for the detached garage shall have final approval. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number ore-mail address. I Y V,,000p�r ���.trp�. Peggy Greg" Building Compliance Officer pc: VI-0500047 BCS-030565 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Services., gE CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) F r•elivery inf rmati•n visit•ur we•site atwww.us•s.c m,,z rr o U.) Postage $ m O Certified Fee O Postmark O Return Receipt Fee Mere (Endorsement Required) Restricted Delivery Foe W (Endorsement Required) - ra N $ Total Postage 8 Fees O Sent To JORGE & BLANCA BENITEZ r` Street,Apt.No.; orPoBoxNo. 1116 LILAC DR City,State,Z!P+4 conzBRIGHTO 80N CO 1 it O]Ii �N O - iil liv...\* 411 !J t.• \in 0 N fSO3 o o LINn g. Z Z o 1 1• t — - O O O: rl --z---...C E N C3 m O o 8 o mop -o o U W J 0 •;t m, in 2, to O 1- m tt O •4Y t0 U N } LE m 0 0 inn w(��v Ca `� :7 °' �. M mo c m [' 4 �J ci .00 CD oodm 3®A E rnL ° . 4. . I ` 3D l.� co d 6002 6 i incCO la ❑ m ° O 3093 Et Jr (f .�wpeda0 Huiuueldt ..a. lam ir Ia. a \ ` �o res tie;rs,r DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 I pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 O Fax: (970)304-6498 COLORADO• SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 June 15, 2005 Jorge and Blanca Benitez 1116 Lilac DR Brighton CO 80601 Subject: VI-0500047, Lot 10, Siarra Run, Weld County, Colorado Dear Mr. and Mrs. Benitez: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 12, 2005, at 10:00 a.m., to consider the violations. The property is in violation of the following Section of the Weld County Code: Section 29-8-40 "Expiration of Permit." To bring your property into compliance: All necessary inspections shall be completed and the permit for the detached garage shall have final approval. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative'be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection 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,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. ly, 'Act Peggy Gregory'Art Building Compliance Officer pc: VI-0500047 BCS-030565 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service.M cr CERTIFIED MAIL!, RECEIPT a (Domestic Mail Only;No Insurance Coverage Provided) LT) F•r•etivery inf•rmati•n visit•ur we•site at www.us•s.c•mr Oa 711 4 7 postage $ f1J Certified Fee ru Postmark Return Redept.Fee Here (Endorsement Required) O Restricted Delivery Fee -i (Endorsement Required) 0 $ Total Postage&Fees rrl ag ktlea.ande2— r- street,Mt.No. � /OQ, L or PO ,Sox No. rW City,State,LP+ ripAi aan CAD 2060/ • (it DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US ll E-mail Address: pgregory@co.weld.co.us Wi C. 918 10th Street, Greeley, CO 80631 Phone: (970) 353-61O0, Ext. 3568 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE May 5, 2005 Jorge and Blanca Benitez 1116 Lilac DR Brighton CO 80601 Subject: VI-0500047, Lot 10, Siarra Run, Weld County, Colorado Dear Mr. and Mrs. Benitez: It has been determined that the property located at 513 Jordan Way is currently in violation of the following Section of the Weld County Code: Section 29-8-40 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed and the permit for the detached garage shall have final approval. 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 May 5, 2005,to correct this building 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 ply, appoiinntm so that I may reserve a sufficient amount of time with you. �/� Peggy Gregory U Building Compliance Officer pc: BCS-030565 VI-0500047 a (it DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US I C E-mail Address: pgregory@co.weld.co.us 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 • COLORADO April 20, 2005 Jorge and Blanca Benitez 1116 Lilac DR Brighton CO 80601 Subject: Permit# BCS-030565—Lot 10, Siarra Run, Weld County, Colorado Dear Mr. and Mrs. Benitez: I have previously contacted you regarding the permit for a detached garage at 513 Jordan Way which was issued on December 3, 2003. On March 8, 2005, you were in our office to request an extension which was granted to April 15,2005. That date has passed and there have been no inspections and none are scheduled. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, 6)1Itt Peggy Gregory Building Compliance pc: BCS-030565 VI-0500047 SERVICE,TEAMWORK,INTEGRITY,QUALITY �l U A g - - my dine,r tragi, 7t fra0 4-124-nt mew 4/-/5- 05. U 5/3 � , e5-o3a55s h • cata DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE February 11, 2005 Jorge and Blanca Benitez 1116 Lilac DR Brighton CO 80601 Subject: VI-0500047, Lot 10, Siarra Run, Weld County, Colorado Dear Mr. and Mrs. Benitez: It has been determined that the property located at 513 Jordan Way is currently in violation of the following Section(s) of the Weld County Code: Section 29-8-40 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed and the permit for the detached garage shall have final approval. 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 February 11, 2005, to correct this building 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 ore-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. Orely, M� V Peggy gg gory t/ Building Compliance Officer pc: BCS-030565 VI-0500047 DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' C E-mail Address: pgregory@co.weld.co.us 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO January 18, 2005 Jorge and Blanca Benitez 1116 Lilac DR Brighton CO 80601 Subject: Permit# BCS-030565—Lot 10, Sierra Run, Weld County, Colorado Dear Mr. and Mrs. Benitez: It has come to the attention of the Department of Building Inspection that a permit for a detached garage at 513 Jordan Way was issued on December 3, 2003. According to our records, this permit expired on December 8, 2004, and all required inspections have not been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit,or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced, a new permit shall be first obtained to do so,and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5)years. B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Article for good and satisfactory reasons, The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee as established by the Board of County Commissioners. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two Failure to schedule inspections or request an extension, in writing,within 10 days from the date of this letter will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. SiGM cerely, �j l4�'CP Peggy Gregory Building Compliance pc: BCS-030565 SERVICE,TEAMWORK,INTEGRITY,QUALITY WARRANTY DEED THIS DEED,Made on September 6, 2002 between Daylight Builders LLC, a Colorado Limited Liability Company 367 ofthe County of Weld and State of Col orado grantor,and Jorge Benitez and Blanca Benitez whose legal address is 1116 Lilac Drive Brighton, CO 80601 of the County of Adams and State of Colorado grant es: WITNESS,That the grantor,for end in consideration of the sum of ($75,000.00 Seventy five thousand dollars and no cents DOLLARS, the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant, bargain,sell,convey and confirm unto the grantees,their heirs end assigns forever,not in tenancy in common but in joint tenancy,all the real properly,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: LOT 10, IN SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, ACCORDING TO THE PLAT OF SAID SECTION BY THE HUDSON LAND COMPANY, RECORDED IN BOOK 5 OF MAPS, PAGE 12, ALSO DESCRIBED AS: PART OF THE NE 1/4 OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF (Continued) as known by street and number u: 513 Jordan Way Brighton, CO 80603 TOGETHER with all and singular the hereditament'and appurtenances(hereunto belonging,or in anywise appertaining and the onion and reversions,remainder and remainders,rents,issues and profit'thereof,end all the estate,right,title,intoner,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 grantees,their heirs and assigns forever.And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain,and agree to and with the grantees,their heirs and assigns,that at the time of the ensealiag and delivery of these presents,he is well seized of the premises above conveyed,had good ant,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 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 noner,except taxes for the current year and subsequent years, and except easements, restrictions, reservations, right of way and covenants of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees,their helm and ensigns,animal ell and every peen or persons lawfully claiming the whole or any put thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall he applicable to all genders. IN WITNESS I�,� ,, WHEREOF,the grantor has executed this deed on the date set forth above. Deanne Kouba Deanne Kouba Day, Manager /{ .SDeSF1TaM'aria er • STATE OF Col orado l} STATE of Adams /SS. 111111111111111111111111111111111111111111111111111 I 13/2002 02:11P Weld R County2987357 1 of 2 R 11.00 D 7.50 J.A. Sukl Tsukamoto nty, CO The foregoing instrument was acknowledged be fors me this 6th day of September 02 blDaylight Builders LLC, a Colorado Limited Liability Company by Deanne Kouba Day, Manager and Scott Day, Manager Witness my hand and official seal. Mycomsmssi• r, . St 22, 2005 TITLE Notary • Samantha Koctitiveloe Services LEGAL DESCRIPTION FILE NUMBER: 1O5435 THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M.; THENCE S 00° 00' 00" W 2652.60 FEET ALONG THE EAST LINE OF SAID SECTION 31 TO THE EAST 1/4 CORNER OF SAID 31, SAID 1/4 CORNER BEING ALSO ON THE NORTHERLY RIGHT OF WAY OF A PUBLIC SERVICE COMPANY OF COLORADO UTILITY EASEMENT; THENCE N 89° 23' 14" W 1991.69 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF SAID UTILITY FASEMENT TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF A BURLINGTON NORTHERN RAILROAD RIGHT OF WAY; THENCE N 36° 41' 24" E 3281.72 FEET ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE OF SAID RAILROAM TO THE NORTH LINE OF SAID SECTION 31, THENCE S 89° 32' 28" E 30.80 FEET ALONG SAID NORTH LINE OF SECTION 31 TO THE POINT OF BEGINNING. EXCEPT THAT PART CONVEYED TO STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO BY DEED RECORDED APRIL 18, 1980 IN BOOK 901 AT RECEPTION NO. 1822551 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (APRIL 1979) , FROM WHICH THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 1 NORTH, RANGE 65 WEST, OF THE 6TH P.M., BEARS N 87° 55' 45" W A DISTANCE OF 5,061.6 FEET; THENCE N 36° 02' 30" E ALONG SAID RAILROAD RIGHT OF WAY, A DISTANCE OF 202.6 FEET TO THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 4 (APRIL 1979) ; THENCE N 89° 52' 45" E, ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 34.6 FEET TO THE WEST RIGHT OF WAY LINE OF COUNTY ROAD 39 (APRIL 1979) ; THENCE S 0° 44. 30" W ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 163.4 FEET; THENCE S 89° 48' 15" W A DISTANCE OF 151.7 FEET, MORE OR LESS, COUNTY OF WELD, STATE OF COLORADO. s Dri° 'III ill 1111111III 111111 11111111111111IIIII1IIIIIII • 2987357 09/1312002 02:11P Weld County,CO 2 of 2 R 11.00 D 7.50 J.A."Suki"Tsukamoto )w tI t 9 , st LI®Ty' E f C C(( = s yl.+ � i E_ Ci! t '� ! 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