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Home My WebLink About20052208.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0300315 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 #0300315, 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 9th day of August, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Lester and Rachel Oliver 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with 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. 2005-2208 PL0824 VIOLATIONS - VI #0300315 - 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 9th day of August, A.D., 2005. BOARD OF COUNTY COMMISSIONERS /�/�� WELD COUNTY, COLORADO i 5£-" William H. Jerke, Chair u G'\ rk to the Board aei EXCUSED • . - M. . ile, Pro-T m (0 eputy.Clerk to the Board ' Da *d E. Long APP D AS TO • Robert D. Masden o my Attorney EXCUSED /y�� Glenn Vaad 4/./Date of signature: / 2005-2208 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Lester K and Rachel Oliver Violation: VI-0300315 Address: 35321 CR 31, Greeley, CO 80631 Legal: Part of the SE4 of Section 4, T6N, R66W, Weld County, Colorado Location: West of and adjacent to County Road 31 between County Roads 72 and 74 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 0805-04-4-00-040 Acres: 7.66 Certified mail date: July 13, 2005 Received: July 20, 2005 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 on the enclosed sunroom and in- ground swimming pool. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as this case has been ongoing since 2003 and there have been numerous contacts with the owner. CASE HISTORY September 23, 2003 10-day compliance letter issued for permit for detached garage and sunroom. September 26, 2003 Notice by inspector to obtain permit for swimming pool. October 10, 2003 10-day letter issued to obtain permit for swimming pool. January 9, 2004 10-day letter to submit required information for the swimming pool permit. January 26, 2004 Phone call from Rachel Oliver, she will bring in the pool information this week. March 24, 2004 30-day violation letter issued for sunroom and garage. April 28, 2004 Phone call from Rachel Oliver stating they are almost done with all the projects. She will call for an inspection within two weeks. May 26, 2004 10-day letter to schedule inspections on sunroom and garage permits. 2005-2208 August 11, 2004 10-day letter for swimming pool permit. September 14, 2005 Phone call from Rachel Oliver requesting status on all permits. March 14, 2005 10-day letter issued for three permits. April 20, 2005 Permits for detached garage and sunroom completed. April 22, 2005 Notice mailed that two permits have been completed, 10 days to schedule inspections on swimming pool. May 6, 2005 30-day violation letter issued. June 14, 2005 Phone message from Rachel Oliver, she spoke with the electrician and plumber, they should be done soon and she will call for an inspection. July 13, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street Wilpe Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 July 13, 2005 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631 Subject: VI-0300315, Part of the SE4 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Oliver: 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 August 9, 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 inspections shall be completed and the permit for the in-ground swimming pool 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. Oely, Ar Peggegory Building Compliance Officer pc: VI-0300315 BCN-030523 SERVICE,TEAMWORK, INTEGRITY, QUALITY U.S. Postal ServiceTM r- CERTIFIED MAIL,. RECEIPT ..D (Domestic Mail Only;No Insurance Coverage Provided) N F•r•elivery ini.rmati nvisit•ur we•site at www.usps.c m+v i IF 1ss 5 "..„, Ln Postage $ O Certified Fee Postmark O Return Receipt Fee Here (Endorsement Required) r Delivery Required) Fee o— (Endorsement RestictedDRegyiFee ru N Total Postage&Fees $ OSent To r` LESTER__K-.&-.RACHa.L OLIVER --arrest,Apt.No.; or PO Box No. 35321 CR 31 City,State,2IP+4 REELEY CO 80631 SENaE': CeM'LETE THIS SECT?eN C•M•LETE TNIS SECTI•N •N •ELIVE•Y ■ Complete items 1,2,and 3.Also complete A. Signature ❑Agent item 4 if Restricted Delivery is desired. p'Addressee • Print your name and address on the reverse - 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, ' ,� / '�• lq -0 J or on the front if space permits. D. Is delivery address different from Rem 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: yl No LESTER 't & RACHEL OLIVER 35321 CR 31 GREELEY CO 80631 3. Service Type Certified Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 70014 2890 0003 5709 2677 (Transfer from service label) PS Form 3811,F uary 2004 Domestic Return Receipt 102595-02-M-15.0 a DEPARTMENT OF PLANNING SERVICES 4Building Compliance Division NORTH OFFICE 918 10th Street I Greeley, CO 80631 WI P pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE May 6, 2005 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631 Subject: VI-0300315, Part of the SE4 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Oliver: It has been determined that the property located at 35321 County Road 31 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 in-ground swimming pool 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 6,2005,to correct this 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. V eI y 1 Art Peggy Gregory Building Compliance Officer pc: BCN-030523 VI-0300315 . a DEPARTMENT OF PLAN NING SERVICES Building Compliance Division NORTH OFFICE Wilpe 918 10th Street Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 COLORADO Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720)652-4211 April 22, 2005 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631 Subject: Permit# BCN-030523 — Part of the SE4 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Oliver: On April 20, 2005, all necessary inspections were completed on permit number BC-0101018 for a detached garage and on permit number BCN-030243 for a 3-season porch. Those permits are now closed; however, permit number BCN-030523 for the in-ground swimming pool is still outstanding. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, �C41 Peggy Gregory (� o Building Compliance pc: BCN-030523 SERVICE,TEAMWORK.INTEGRITY,QUALITY a i DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE I918 10th Street WI ego Greeley, CO 80631 pgregoreeley, eld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720)652-4211 March 14, 2005 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631 Subject: Permit#'s BC-0101018, BCN-030243, and BCN-030523 Part of the SE4 of Section 4, T6N, R66W of the 6`h P.M., Weld County, Colorado Dear Mr. and Mrs. Oliver: It has come to the attention of the Department of Building Inspection that three building permits(BC-0101018 for a detached garage, BCN-0302543 for a 3-season porch, and BCN-030523 for an in-ground swimming pool) on your property at 35321 County Road 31 remain outstanding 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. Sincerely, 647f Sri" Peggy Gregory Building Compliance pc: BC-0101018 BCN-030243 BCN-030523 VI-0300315 SERVICE.TEAMWORK.INTEGRITY,QUALITY Kit-6-;Nti DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us 8 h Street,O 910t (970) 353.6100 Exxt. eley, CO 80631 Phone: 3568 Fax: (970)304-6498 COLORADO August 11, 2004 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631 Subject: Permit# BCN-030523 - Part of the SE4 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Oliver: It has been 180 days since the last inspection on the above noted permit for an in-ground swimming pool at 35321 County Road 31. This permit was issued on February 4, 2004. According to our records,all required inspections are not yet completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. Building permit number BC-0101018 for a detached garage expires on December 6,2004. Please complete all inspections by that date as this permit is almost three years old. Permit number BCN-030243 is for an enclosed three season porch and also expires on December 6, 2004. To schedule inspections, please call our 24-hour request line at 1-800-234-2534 or 970-356-8016. Should you have any questions, I may be reached at 970-353-6100 Ext. 3568. Thank Ths you for your cooperation to this matter. V -rely, Peggy Gregory Building Compliance pc: BCN-030523 BCN-030243 BC-0101018 VI-0300315 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' C E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO May 26, 2004 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631-9311 Subject: Permit# BCN-030523, BCN-030243, BC-0101018 Part of the SE4 of Section 4, T6N, R66W, Weld County, Colorado Dear Mr. and Mrs. Oliver: On April 28, I spoke with you regarding the outstanding building permits on your property at 35321 County Road 31. At that time, you stated inspections should be completed within two weeks. To date, there have been no inspections scheduled. Permit number BCN-030523 for the swimming pool was issued on February 4 and is now valid until August, 2004. BC-0101018 for a detached garage was issued November 21, 2001. The last inspection was on September 26, 2003. This permit is now 2 '/z years old and should be completed. Permit number BCN- 030243 is for an enclosed three season porch. The last inspection on this permit was also in September, 2003. Normally, after we have contacted you several times, a meeting is scheduled with the Board of County Commissioners to consider whether to refer the violation to the County Attorneyfor legal action. I would like to avoid this, if possible, and ask that you schedule inspections within 10 days from the date of this letter. If no inspections are scheduled. a notice will be issued advising you of the date and time of the hearing. 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. 3540, Thank you for your cooperation to this matter. S ", rely, Peggy Gregory Building Compliance pc: BCN-030523 BCN-030243 BC-0101018 VI-0300315 • SERVICE,TEAMWORK,INTEGRITY.QUALITY K it DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 O Fax: (970) 304-6498 • COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE March 24, 2004 Lester K and Rachel Oliver 35321 CR 31 Greeley Co 80631-9311 Subject: VI-0300315, Part of the SE4 of Section 4, T6N, R66W, Weld County, Colorado Dear Mr. and Mrs. Oliver: It has been determined that the property located at 35321 County Road 31 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 permits for the detached garage and the 3-season porch 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 March 24, 2004, 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 appointment so that I may reserve a sufficient amount of time with you. Sincerely, GperArt Peggy Gregory Art Building Compliance Officer pc: BC-0101018 BCN-030243 VI-0300315 DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' C E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO January 9, 2004 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631-9311 Subject: Permit# BCN-030523—Part of the SE4 of Section 4, T6N, R66W, Weld County, Colorado Dear Mr. and Mrs. Oliver: On November 10,2003,you applied for apermit for a swimming pp pool. This office contacted you on November 14 to request additional information that is necessary to process the application. Failure to submit the building specifications and a plot plan within 10 days from the date of this letter will result in further violation action. As you are aware, you have two other outstanding permits at this time. BC-0101018 for the attached garage has had no inspections since September 26, 2003. At that time,you amended the permit to include electrical and some corrections were noted for the framing. On the same date,there were several corrections listed on the framing and electrical portion of the permit for the enclosed porch addition (BCN-030243). Please make these corrections and schedule inspections on both these permits. 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. 3540. Thank you for your cooperation to this matter. Sincerely, Peg�j egory 117 Building Compliance pc: BCN-030523 BCN-030243 BC-0101018 VI-0300315 SERVICE,TEAMWORK,INTEGRITY.QUALITY a i DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US IE-mail Address: pgregory@co.weld.co.us W�`� 1555 N. 17th : (970) Greeley, 80631 0 Q Phone: (970) 353-6100, Ext. 3540 • Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE October 30, 2003 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631-9311 Subject: VI-0300315 - Part of the SE4 of Section 4, T6N, R66W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Oliver: The uses on the above described property are being considered as a building 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: Section 29-3-10 No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each building or structure has been first obtained from the Building Inspection Department. To bring your property into compliance with the Weld County Code: Proper building permits must be obtained for the swimming pool. 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 October 30, 2003, 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 (,aap/rtp000iintment so that I may reserve a sufficient amount of time with you. �7rely, p(�y}/� Pe 99Y Kre�r7' " Building Compliance Officer pc: VI-0300315 Jeff Reif, Chief Building Official Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY • DEPARTMENT OF BUILDING INSPECTION Code Compliance Division "lime Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 October 10, 2003 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631-9311 Subject: Part of the SE4 of Section 4, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Oliver: It has come to the attention of the Department of Building Inspection that a potential noncompliance of the Weld County Code exists on the above noted property. As per the notice from the building inspector dated September 26, 2003, no permit has been obtained for the swimming pool on your property. Please contact me within ten days of the date of this letter to review these concerns with me or a thirty-day violation notice will be issued. 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, GM Sr% Peggy Gregory Building Compliance Officer SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE lie 918 10th Street W I Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970)652-4210, Ext. 8730 Fax: (720) 652-4211 September 22, 2003 Lester K and Rachel Oliver 35321 CR 31 Greeley CO 80631-9311 Subject: Permit#BC-0101018—Part of the SE4 of Section 4, T6N, R66W of the 61h P.M., Weld County, Colorado Dear Mr. and Mrs. Oliver: It has come to the attention of the Department of Building Inspection that a building permit for a 2,400 square foot detached garage at 35321 County Road 31 was issued on November 21,2001. According to our records, all required inspections have not been completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. It is also noted that a building permit for an enclosed three-season porch was issued on June 25,2003. This permit has had no inspections and will expire in December, 2003. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-359-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3540. Thank you for your cooperation in this matter. Sincerely, IC-21fletheerat Peggy Gregory Building Compliance pc: BC-0101018 BCN-030243 SERVICE,TEAMWORK,INTEGRITY,QUALITY 1101 11111 IIII VIII 111111 III 2895387 10/26/2001 02:56P JA Suki Tsukamoto 1 0l 2 R 10.00 D 14.5D Weld County CO 387 WARRANTY DEED 1'/y„g0p.1^O THIS DEED, Made this 26th day of October 2001, SH .50 between George L. Fell and Marcia L. Fell • oflhe County of Weld and State of Colorado grantor,and Lester K. Oliver and Rachel Oliver whose legal address is 34500 WCR 31, Eaton, CO 60615 of the County of Weld and 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 , I 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 thereunto belonging.ur in anywise iI g PP 8• b 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 hereditmnts 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 caseating 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 rnamrer and form as aforesaid,and that the sane 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 far the current year,a lien but not yet due and payable,easements,restrictions,reservations,covenants and rights-of-way of record,If any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises 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 part thereof. The singular number shall include the plural,the pl I the singular,and the use of any gender shall he applicable to all genders IN WITNESS WHEREO the ggrranto e ted this deed on the date set forth above. 1 /111 f�a./ George L 1 arc L. Fe .......... RY-P`f� r ='BARBARA R ,n STATE OF COLORADO ) • COOHROD jss. COUNTY OP WELD •..' -.. ..... r.-=. The foregoing instrument was acknowledged before me this 26th day of 20 0 i by George L. Fell and Marcia L. Fell My Commission expires: February 23, 2003 Wien hand official seal Notary N Pu Ic Barbara R. Coonrod WARRANTY DEED(to Joint Tenants)Ivcxrlerl / `© L,4b. Mae UO690e4A01 51O//-�)L • 2896387 10/25/2001 02:56P JA SukiTsukamoto 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 wanton 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. Hello