HomeMy WebLinkAbout20052684.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST LESTER AND RACHEL OLIVER 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, Lester and Rachel Oliver, VI #0500167, 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 13th day of September, 2005, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,and
WHEREAS, Tiffane Johnson, representative, was present at said hearing, 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 November 13, 2005, to allow adequate time for the property owners to submit
a Use by Special Review application 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 #0500167 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Lester and Rachel Oliver 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 November 13, 2005, to allow adequate time for the
property owners to submit a Use by Special Review application to bring the subject property into
compliance.
2005-2684
;( �G PL0824
/ flu[_ Of „2%-Osr—
VIOLATIONS - VI #0500167 - LESTER AND RACHEL OLIVER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of September, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
d►r
William H. Jer , Chair
��� unty Clerk to the Board
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�� 7 // M. J. 'le, Pro- em
/ ?+eputy Clerk • the Board
logo
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APP D AS •
Robert den ,
ounty orney
Glenn Vaad
Date of signature: 9
2005-2684
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: Lester& Rachel Oliver
Violation: VI-0500167
Address: 35321 CR 31, Greeley, Colorado, 80631
Legal: Part of the SE2 of Section 4, T6N, R66W of the 6t" P.M., Weld County, Colorado
Location: West of and adjacent to CR 31 and approximately%, mile North of CR 72
North: Agricultural
South: Agricultural
East: Agricultural, Eaton City Limits
West: Agricultural
Parcel Number: 0805-04-4-00-040 Acreage: 7.66 acres
Certified mail date: August 2, 2005 Received: August 12, 2005
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30,
23-3-30.D, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code.
REMEDY
To bring the property into compliance a Use by Special Review(USR) permit shall be obtained or all
commercial activity being conducted on the property shall cease.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
CASE HISTORY
April 22, 2005 Initial complaint received.
April 27, 2005 Five day compliance encouragement letter issued.
May 4, 2005 Violation letter issued.
May 11, 2005 Mr. Oliver called and said he would be in to visit a Planner in the next few weeks.
May 18, 2005 Mr. Oliver met with me and Planner, Jacqueline Hatch to obtain his USR
application. A deadline of June 17, 2005 was set to submit application.
May 19, 2005 A courtesy reminder letter stating the previously discussed deadline date was
sent.
2005-2684
June 28, 2005 Mr. Oliver's attorney, Tim Clancy, called and said he would be submitting the
application in the next week.
July 22, 2005 A message was left for Mr. Clancy requesting the application.
August 2, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
August 30, 2005 Received a letter from property owners attorney stating they were working on
correcting the violation and requesting the county to refrain from taking any
further action for a short period of time.
August 30, 2005 Received a phone call from Tiffany Johnson, representative for Landmark
Engineering, stating the case had just been passed to them by Mr. Clancy, but no
information was given to her. She would call in the next few days and tell me
where they were at in the application process.
WITWER, OLDENBURG, BARRY &JOHNSON, LLP
ATTORNEYS AT LAW
822.7TH STREET.SUITE 760
STOW L.WITWER.JR. GREELEY, CO 80631 JEFFREY T.BEDINGFIELD
R. SAM OLDENBURG OF COUNSEL
JOHN J. BARRY
JACOUEUNE JOHNSON TELEPHONE:(970)352-3161
PATRICK N.GROOM FACSIMILE(970)352-3165
TIMOTHY V. CLANCY Department
SENDERS E-MAIL ADDRESS'
KEYNEN JAE WALL.w&M CA'NRpy Finning Department
'�1CBII E:RE,/ OFFICE
TC1ancy®WOBJLAW.corn
AUG 3
0
2005 August 29, 2005
RECEIVED E f6A ufi-rzn
Bruce Barker, Esq.
Weld County Attorneys' Office AUG f39 %5
P.O. Box 758
Greeley, CO 80632 a�WELO
TORNEY S OFFICE
Re: Violation VI0300315, Lester and Rachel Oliver
Dear Bruce:
We have been retained to represent Lester and Rachel Oliver with respect to the above-referenced violation. As you
may know,the Olivers' have received a separate notice that their property is in need of a Use by Special Review Permit
because they operate a business on the premises. Ann Siron is the official who provided notice of that violation.
We have retained Landmark Engineering Ltd., 3521 West Eisenhower Boulevard, in Loveland,to assist the Olivers in
submitting an Application for a Use by Special Review Permit for the above-referenced property. It has been my
experience that the County has allowed the property owner to cure land use violations concurrent with other violations
such as with building permits. I would request that the County refrain from taking any further action against the Olivers
for a short period of time while they put together their Use by Special Review Application packet. I will contact
Landmark to get a timeline on the submittal of that application, and will forward it to you as soon as I have it.
If you have any questions or concerns in the meantime, please do not hesitate to contact me. The Olivers regret the
alleged violations and are immediately taking such steps as are necessary to have them remedied.
Yours very truly,
c5 30 -oS Pc
WITWER, OLDENBURG,
Ct Ulyjcitionci-ket"- BARRY &JOHNSON, LLP
(Uv� / I
ja a rr lL
(q- 0 ) cdpi Timothy V. Clancy
DEPARTMi_... OF PLANNING SERVICES
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.CO.US
I E-mail Address: asiron@co.weld.co.us
Phone (970) 353-6100, Ext. 3566
W I 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
August 2, 2005
Mr. & Mrs. Lester Oliver
35321 CR 31
Greeley, CO 80631
Subject:VI-0500167, Part of the SE2 of Section 4,T6N, R66W of the 6th P.M.,Weld County Colorado
Dear Mr. & Mrs. Oliver:
The property referenced above remains in violation 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 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.D "Home Occupations"
Section 23-3-40 "Uses by Special Review"
Section 23-3-40.O "Home Business"
Section 23-3-40.R "Any use permitted as a Use by Right, an ACCESSORY USE, or a
Use by Special Review in the COMMERCIAL or industrial zone districts, provided that
the property is not a Lot in a an approved or recorded subdivisions plat or lots parts of a
map or plan filed prior to adoption of any regulations controlling subdivisions. PUD
development proposals shall not be permitted to use the special review permit process
to develop."
To bring the property into compliance:
As discussed during an office visit with Planner, Jacqueline Hatch, a USR application
shall be submitted to the Department of Planning Services to allow any commercial
activity to be conducted on the site. Should this application be submitted before
September 9, 2005, we will cancel the violation hearing at that time.
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,
U.S. Postal Service,.
I' CERTIFIED MAILTM RECEIPT
Ann Siron '
(Domestic Mail Only;No Insurance Coverage Provided)
Zoning Compliance Officer
F r•elivery inf rmati n visit ur we•site at www.us•s.e m�
0-
pc: VI-0500167
Department of Planning Services m Postage $
Bruce Barker, County Attorney ru
o Certified Fee
Postmark
O Return Reci t Fee Here
(Endorsement Required)
rR Restricted nt Required)
Fee(Endorsement D livery e e
O
Total Postage 8 Fees $
m
O Sent To
o MR & MRS LESTER OLIVER
N $treat Apt.No.;
or PO Sox No. 3521 CR 31
can,State.Z!P+4
GREELEY CO 80631
PS Form 3800,June 2002 see Reverse for Instructions
SEN.E•: C�NI•LETETH/SSECTIeN CeM•LETETHISSECTI•NW •ELI%EFY
A.
■ Complete items 1,2,and 3.Also complete „Signature -
item 4 if Restricted Delivery is desired. �' t', " ❑Agent
• Print your name and address on the reverse X _ Add =ssee
so that we can return the card to you. B Re eiv_• . P'ntedW e) C. Date•>, ery
• Attach this card to the back of the mailpiece,
or on the front if space permits. D. Is delivery address different from ? O Yes
1. Article Addressed to: If YES,enter delivery address b=ow: ❑ No
MR & MRS LESTER OLIVER
3521 CR 31
GREELEY, CO 80631
3. Service Type
XXbertified Mall ❑ Express Mail
-I a-OS ❑ Registered O Return Receipt for Merchandise
0 Insured Mall ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7003 1010 0002 8989 4437
(transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
DEPARTMENT OF PLANNING SERVICES
a North Office ll ..iii....
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website:e: WWW.CO.WELD.CO.UO.US
E-mail Address: asiron@co.weld.co.us
Willie
Phone: (970) 353-6100, Ext. 3566
Fax: (970) 304-6498
Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
May 19, 2005
Mr. & Mrs. Lester Oliver
35321 CR 31
Greeley, CO 80631
Subject: VI-0500167, Part of the SE2 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Lester Oliver:
As discussed during an office visit on May 18, 2005, please complete and submit the USR application and
return to the Department of Planning Services before June 17, 2005. Thank you for all your cooperation
regarding this matter.
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.
SincL/`
at
Ann Siron
Zoning Compliance Officer
pc: Vl-0500167
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT Oi LANNING SERVICES
b North Office
Code Compliance Division
918 10th e: Street, Greeley, CO O.0
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
WI I DPhone: (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
May 4, 2005
Mr. & Mrs. Lester Oliver
35321 CR 31
Greeley, CO 80631
Subject: VI-0500167, Part of the SE2 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Oliver:
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 "Home Occupations"
Section 23-3-40 "Uses by Special Review"
Section 23-3-40.O "Home Business"
Section 23-3-40.R "Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by
Special Review in the COMMERCIAL or industrial zone districts,provided that the property is not
a Lot in an approved or recorded subdivisions plat or lots parts of a map or plan filed prior to
adoption of any regulations controlling subdivisions. PUD development proposals shall not be
permitted to use the special review permit process to develop."
To bring your property into compliance with the Weld County Code:
The business shall fall within the guidelines as established through the"HOME OCCUPATION"
or a Use by Special Review shall be completed and submitted for a"HOME BUSINESS". For
questions I would suggest that you speak to one of our "On —Call" Planners. We have two
locations open to the public. Our main office is located at 918 10`h Street, Greeley, Colorado.
Where, we have an "On-Call" Planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or
Friday from 12:00-4:00 p.m. Our other office(the Southwest Weld Office)is located at 4209 CR
24.5, Longmont,Colorado. At our Southwest office, a Planner is available Tuesday or Thursday
from 8:00 a.m.-4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an
appointment, because uluividuals are seen on a sign in basis. To b .r serve you, please
bring this letter with you.
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 4, 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,)
6X;t4e71/4„..gfrt oet
Ann Siron
Zoning Compliance Officer
pc: VI-0500167
Department of Planning Services
Bruce Barker, County Attorney
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
1 Phone: (970)353-6100, Ext. 3566
CFax: (970) 304-6498 Sou 4209hwest Office 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
April 27, 2005
Mr. & Mrs. Lester Oliver
35321 CR 31
Greeley, CO 80631
Subject: VI-0500167, Part of the SE4 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Oliver:
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 commercial business, Cast n' Place, being conducted without the proper
Use by Special Review(USR)permit. For questions I would suggest that you speak to one of our"On—Call"
Planners. We have two locations open to the public. Our main office is located at 918 10th Street, Greeley,
Colorado. Where,we have an"On-Call"Planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m, or Friday
from 12:00-4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5, Longmont,
Colorado. At our Southwest office, a Planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m.,
excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a
sign in basis. To better serve you, please bring this letter with you.
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.
Sincere
�
Ann Siron
Zoning Compliance Officer
pc: Vl-0500167
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
rsDEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C 918 10'h Street, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by: V' -15500 t Li
❑ ZONING CODE COMPLAINT Staff/Name: 0 Citizen ❑ 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: 7/ — 2Q-0 S
Pending Case#(i.e.USR,RE, SE, ect...):
Legal Description: PA-. SE 4 U Le L, Parcel#: nit _ -4 -rio -a40
Violation Address: a.G 3.) ( C_2_. 3
Property Owners Name: � A it-Liu} 4.-LA. 4} RCA-ChiJ Phone:
Property Owners Address:
Tenant's Name: Phone:
Tenant's Address:
/
NATURE OF COMPLAINT: \ 9Lr rtu It bLosa , sa r L ,g4- - CM - Q i
txi loin- s�
Additional Notes:
I
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Permit N: IVI.0500167 Address:135321 CR 31 WEL
Status: JCOMPLNT APPLICANT:'OLIVER LESTER&RACHEL
LJ Date: 104/27/2005 i •iki _
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si ;=:tw:::'-'-:-s`'.7 r:a;ti• :,;`"=_:::;:,:.=: Zoning Dist: AGRI Inspection Area
Permit Ntxn:
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- - - - - Class Code: VI-6
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$BUSINESS '
Complaint: 104/22/2005 (nit AMS NO VI: 1_/_/_____ If*: $
5 Day Letter: [_/•__/ $nit
Issued: 1_/_/_ $nit:
Inspection: L!_! $nit:
BCC Via: L/_/_____ Init:
Court: 1_/,..._/_____ hit:
-• Closed BCV: 1..../._/____ !nit Closed VI: L/_ 'nit 1
Win.� gA, d *..
Ci Parcel Table Maintenance
Parcel No:$0805-04-4-00-040 • . :: .
Ak Key I6l6O4i ! �+
Primary Address General Iniormatn
No Dir / Street Name City Id WEL s
S ubdivision:1
35321 CR 31
� ( Lott"'_
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Fract ... tectAnAddrtss�.:__,)
Area:) coo Acres: 7.66
Situs : :. Zonrg AGRI
35321 CR 31 G.
Cerrsuc Ttecti Corr 8bek:�— � r--
Primary Owner Information ) ( r
i X Comct' •Y Coot&$ 0
{ Legal Description I
Rama:lDLNER LESTER K&RACHEL } FT SE4 4.6-6E LOT A REC EXEMPT RE-3012[.35R)
Addrass.1:$35321 COUNTY RD 31 SITUS: 34500 31 CR 'WELD
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Address.2:16REELEY CO f
:Addreei 3:I I
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:Address4:I
ZP:$806319311 # Use Coder i
Phone 1:$ T RA 10226 Exempt:r
Phone a
Statur.IACTPIE J Govt Owned:r
Nolation:I
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1042802 Parcel#: 080504400040
wane Mans sew...m ea -r... .r,:..a-.»wa-mnm..x.,m.wnMO.. -w.w.ema,erimn,m....
Tax Area: 0226 Bordering County: V k - OSOOHe 1
Acres: 7.66
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
06 - 66 - 04 -4 - -
Owners Name &Address: Property_.Address:
OLIVER LESTER K&RACHEL Street: 35321 31 CR
35321 COUNTY RD 31 City: WELD
GREELEY, CO 80631-9311
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
10/26/2001 $145,000 WD 2895387
Leal Description
PT SE4 4-6-66 LOT A REC EXEMPT RE-3012 (.35R) SITUS: 35321 31 CR WELD 000000000
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 7.66
Land Subtotal: 7.66 $126,390 $10,060
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
1 Residential
2 Residential
3 Out Building
Improvements Subtotal: $314,695 $25,050
Total Property Value $441,085 $35,110
Building Details
Account#: R1042802 Parcel#: 080504400040
Owners Name&Address: Property-Address:
OLIVER LESTER K&RACHEL Street: 35321 31 CR
35321 COUNTY RD 31 City: WELD
GREELEY, CO 80631-9311
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 2002
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=08050... 04/27/2005
Identify Results Page 2 of 2
Exterior: Frame Siding HVAC: Central Air to Air
Interior Finish: Drywall Built As SQ Ft: 1597
# of Baths: 3 Roof Type:
# of Bdrms: 5 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 645 Detached SQ Ft:
Basement:
Total SQ Ft: 1583 Finished SQ Ft: 1334
Account#: R1042802 Parcel#: 080504400040
Owners Name &Address: Property Address:
OLIVER LESTER K &RACHEL Street: 35321 31 CR
35321 COUNTY RD 31 City: WELD
GREELEY, CO 80631-9311
Building# Property Type
2 Residential
Individual Built As Detail
Built As: Detached Garage Year Built: 2002
Exterior: Frame Siding HVAC: None
Interior Finish: Built As SQ Ft: 1056
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R1042802 Parcel#: 080504400040
Owners Name&Address: Property Address:
OLIVER LESTER K&RACHEL Street: 35321 31 CR
35321 COUNTY RD 31 City: WELD
GREELEY, CO 80631-9311
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 2002
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 2400
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=08050... 04/27/2005
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2895387 10126/2001 02:56P JA Sold Tsukamole
1 0l 2 R 10.00 D 14.50 Weld County CO
387 WARRANTY DEED 0C110gpxp-vg1I
THIS DEED, Made this 26th day of October , 2001, flvf' $12.1 . C)
between George L. Fell and Marcia L. Fell
of the County of Weld and State of Colorado
grantor,and Lester K. Oliver and Rachel Oliver
whose legal address is 34500 WCR 31, Eaton, CO 80615
of the County of Weld end State of Colorado .grantees:
WITNESS,That the grantor,for and inconsideration of the sum of ONE HUNDRED FORTY FIVE THOUSAND
AND NO/100
DOLLARS.($145,000.00 ),the receipt and
sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bar-
gain.sell,convey and confirm,unto the grantees.their heirs and assigns forever,not in tenancy In common but In joint tenancy,
all the real property together with improvements.if any,situate,lying and being in the County of Weld
and State of Colorado,described as follows:
Lot A of Recorded Exemption No. 0805-04-4-RE-3012, recorded October 15, 2001
at Reception No. 2891934, being a part of the Southeast Quarter of Section 4,
Township 6 North, Range 66 West of the 6th P.M.,
County of Weld, State of Colorado
**See attached Exhibit A
also known by street and number as 34500 WCR 31, Eaton, CO 80615
TOGETHER with all and singular the hereditaments and appurtenances(hereunto 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
heredilmnts 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 heir+and personal representatives,does covenant,grent,bargain and
agree to and with the grantees.their 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 sane 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 taxes for the current year,a lien but not yet due
and payable,easements,restrictions,reservations,covenant+and rights-of-way of record,If any.
The grantor shall and will WARRANTAND FOREVER DEFEND the above-bargainedpremises in the quiet and peaceable posses-
sion of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any pan thereof.
The singular number shall include the plural.the pi 1 the singular.and the use of any gender shall he applicable to all genders
IN WITNESS WHEREO the gran e ted this deed on the ddaateCset forth above.
rJl et.
George L 1 arc L. Fe, .... .
•PpY.pOB'
•• _'BARBARA R.
' COONROD
STATE OF COLORADO ) gyp,
1st ' %-'•.
COUNTY OA WELD ) •'.14,...........—oveyyThe foregoing instrument was acfaowledged before me this 26th day of = .. , 2001,by
George L. Fell and Marcia L. Fell
My Commission expires: February 23, 2003 Wied official f
Notary Pu
K
Barbara R. Coonrod
wAYQANTY DEED(mlamt Tenants)rcrmss) / Q .4 L. Flea UO690t4A01
1 Flo
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2896387 10/26/2001 02:66P JA Suki 7sukamoto
2 of 2 R 10.00 D 14.50 Weld County CO
EXHIBIT A
The aforementioned property is a portion of certain lands subject to that certain
Shared Well Agreement recorded in Book 1393 at Page 0270 of the official records
of Weld County, Colorado, whereby certain well maintenance costs be allocated
between and among the landowners, heirs and assigns of said property as described
in said Shared Well Agreement. It is the agreement of the parties hereto, as and for
additional consideration the receipt and sufficiency of which is hereby
acknowledged, that the grantors herein shall indemnify and hold grantees fully
harmless from any assessments of any nature pursuant to the terms of said Shared
Well Agreement. Burdens and costs associated with maintenance or access to said
well which would otherwise be allocated to Grantees herein, shall be the sole and
separate obligations of Grantors. Grantees acknowledge that they forever waive
any claim or benefit, past or future, from the well or water associated therewith.
This indemnification shall be construed as a covenant which runs with the land and
shall be binding on the heirs and assigns of the parties hereto.
..1s 7.� -+,
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OLIVER, LESTER & RACHEL - EA ION IT( LIMITS
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