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HomeMy WebLinkAbout20050127.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MICHAEL LAFFERTY 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, Michael Lafferty, VI #0400244, 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 January, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Michael Lafferty, property owner, 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 February 11, 2005, to allow adequate time for the property owner 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 #0400244 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Michael Lafferty 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 11, 2005, to allow adequate time for the property owner to bring the subject property into compliance. 2005-0127 PL0824 c. PLC e27-g f ` VIOLATIONS -VI #0400244 - MICHAEL LAFFERTY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS I-_.„,„� WELD COUNTY, COLORADO ,a._ . id . Mr. William H. Jerke, Chair ; i erk to the Board ;r, _ / RECUSED �; � \�j���� // / M. J. Geile, Pro-Tem 1,41„"Tr%p ty Cle tote Board EXCUSED vid E. Long AP V AS \I\l O Robert D. Masden ounty Attorney Glenn Vaad Date of signature: 2005-0127 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Michael Lafferty Violation: VI-0400244 Address: 4702 Peakview, Erie, CO 80516 Legal: Part of Lot 8, Scotts Acres Subdivision also known as part of the NE4 of Section 9, T1 N, R68W of the 6th P.M., Weld County, Colorado Location: Approximately Y<mile South of CR 12 and Y mile West of CR 7 North: Agricultural uses South: Mixed use; high residential area East: Erie limits West: Mixed use; high residential area Parcel Number: 1467-09-1-02-008 Acreage: 3.65 +/-Acres Certified mail date: October 19, 2004 Received: October 22, 2004 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.B, 23-3-40.6.10, 23-3-40.B.16, 23-3-50 and 23-3-50.D and Chapter 24, Article V(5)of the Weld County Code. REMEDY To bring the property into compliance the number of Livestock shall be reduced to 4 (four) animal units per acre; otherwise, a Use by Special Review application shall be completed and submitted to the Department of Planning Services. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY August 10, 2004 Initial complaint received. August 20, 2004 Initial inspection completed. August 23, 2004 Five day compliance encouragement letter issued. August 30, 2004 Violation letter issued. October 1, 2004 Nonconforming Use application submitted to the Department of Planning Services. October 13, 2004 Staff sent letter of denial for your Nonconforming Use application (NCU-402). October 19, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2005-0127 a DEPARTMENT OF PLANNING SERVICES 4 Code Compliance Division W W W.CO.W ELD.CO.US E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 O Fax (970) 304-6498 COLORADO October 19, 2004 Mr. Michael Lafferty 4702 Peakview Rd Scotts Acres Erie, CO 80516 Subject: VI-0400244, Part of Lot 8, Scotts Acres Subdivision, Weld County, Colorado Dear Mr. Lafferty: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 11, 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 23-3-40 "Uses by special review." Section 23-3-40.8 "Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including:" Section 23-3-40.8.10 "Animal training and boarding facilities where the maximum number of animal units permitted in Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation." Section 23-3-50 "Bulk requirements." • Section 23-3-50.D "Maximum number of animal units permitted per acre: four(4)per acre or portion thereof." Section 23-3-40.8.16 "Livestock Confinement Operation" To bring the property into compliance: It is my understanding that your.Nonconforming Use application (NCU-402) was denied; therefore, in order to maintain more than 4 (four) calves/cows per acre, a Use by Special Review (USR) application shall be completed and submitted to the Department of Planning Services for processing. For questions, I would suggest that you speak to one of our"On-Call" Planners. We have to 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. Mr.Lafferty Page 2,VI-0400244 Furthermore, as we discussed, if your Use by Special Review application is completed and submitted prior to the January 11,2005, hearing date, this Violation Hearing will be cancelled. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 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, Bethany Salzman \� Zoning Compliance Officer E d y y 2 D i c pc: VI-0400244 a s o ≥ z 8 Department of Planning Services ❑ 0 0 0 2 ❑.., o Bruce Barker, County Attorney u, 0.. ° U r n N E q ¢ p / g y N E r 0.. '' m w ¢ o U.S. Postal Service 2 \C� '�CERTIFIED MAIL RECEIPT r 0 D (Domestic Mail Only; No Insurance Coverage Provided) W \ `c z >a. a A = _ L s N O0- U N IS �-13 O III 0 E w n m -to to m ? ≥ Ul N w zA cc d OPostage $ W` ¢ D—^ w m,D ❑ ❑ cc :p ¢ 0 o• < X m d ei v '� 'O E O Certified Fee `� o m Ln Return Receipt Fee Postmark '-'- p III (Endorsement Required) Here m m m E O Restricted Delivery Fee m N N o O (Endorsement Required) $ a) .a t p o Total Postage 8 Fees 2 E-0 e m M • od_ moE — 0 O N « a N III RBCiplenYe Name (Please Print Clearly)(To be completed by mailer) mCO c r0 L-' P-, O 0 .MR.--.NICHAELIAk'FERTI v, a y a 2 t ix y6 O O Street,Apt.No.;or PO Box No. di a'd U 0 y 4.2 W p 0 4702 PEAKVIEW ROAD m= a n a ,a, 6 04 `r° m $ M1 City State,ZIP.4 W O co -' a) O ,-7 3 to SI, re ERIE CO 8051. tv -0 •5 m w o PS Form 3800,February 2000 See Reverse for Instructions ' W m m « o o o i-7 H W W ,2 cn w � m �'-o= WWC x�xIYa z E « EcroE C x c < O _ y • « T 2 o U 8 . U W O n E U ¢ m m- E P+ o a av p,curt-. ¢ N F W z S, CO 6 E • EEE$ mo u o8 - rc o O 'ii O Np IS U d N Q O 2. 4J [� a L Co N ■ • ■ N a " bQcstZt4y a ('ta DEPARTMENT OF PLANNING SERVICES 918 10'" Street GREELEY, COLORADO 80631 Willi CE-MAIL:WEBSITE: www.co.weld.co.us mmartield.co.us PHONE (970) 3 6100, EXT. 3540 FAX(970) O4-6498 COLORADO October 13, 2004 Michael Lafferty 4702 Peakview Erie, Colorado 80516 Re: Lot 8 of Scott's Acres; Pt NE4 of Section 9, T1 N, R68W of the 6TH P.M., Weld County, Colorado Dear Mr. Lafferty, The Department of Planning Services has determined that your application and supporting documentation for a Nonconforming Use for one hundred (100) calves in the (Ag) Agricultural zone district can not be substantiated as a use that began prior to 1972. According to the Weld County Department of Geographic Information System's aerial photo dated 8/24/63 and the Weld County Assessor's aerial photo dated 1/1/73 there does not appear to be one hundred (100) cows on the property. It is the determination of the Department of Planning Services that you apply for Use by Special Review (USR) to allow for more than four (4) cows per acre or remove the excess cattle so they meet four (4) head per acre requirement. If you have any questions you can contact me at the above phone number. • Sincerely, G~///7q, ( ' Michelle Martin Planner I 0 DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 O Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE August 30, 2004 Mr. Michael Lafferty 4702 Peakview Rd Scotts Acres Erie, CO 80516 Subject: VI-0400244, Part of Lot 8, Scotts Acres Subdivision, Weld County, Colorado Dear Mr. Lafferty: 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 23-3-40 "Uses by special review." Section 23-3-40.8 "Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including:" Section 23-3-40.8.10 "Animal training and boarding facilities where the maximum number of animal units permitted in Section 23-3-50.D is exceeded or when the use adversely impacts surrounding properties, including noise, odor, lighting or glare, traffic congestion or trash accumulation." Section 23-3-50 "Bulk requirements." Section 23-3-50.D "Maximum number of animal units permitted per acre: four(4)per acre or portion thereof." Section 23-3-40.8.16 "Livestock Confinement Operation." Chapter 23, Article Vll(7) "Nonconforming Lots, Uses and Structures." Section 23-7-30 "Nonconforming uses of land." To bring your property into compliance with the Weld County Code: If you can provide documentation (proof)that the use existed prior to the Weld County Zoning Code being adopted (1974)and that the use has not expanded or ceased operation since that time, you might be eligible to obtain a "Nonconforming Use" (NCU) permit. It is my understanding that Chris Gathman, Planner, has already provided you with all necessary paperwork for a NCU permit. Otherwise,a Use by Special Review(USR)application shall be completed and submitted to the Department of Planning Services for processing. If you do not wish to complete either of the above mentioned applications,the number of cattle shall be reduced to 4 (four) per acre. Mr.Lafferty Page 2,VI.0400244 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 60 (sixty) days from August 30, 2004, 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, Bethany Salzman Zoning Compliance Officer pc: VI-0400244 Department of Planning Services Bruce Barker, County Attorney • DEPARTMENT OF PLANNING SERVICES 4711) Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us 918 101h Street, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 COLORADO • August 23, 2004 Mr. Michael Lafferty 4702 Peakview Rd Scotts Acres Erie, CO 80516 Subject: VI-0400244, Part of Lot 8, Scotts Acres Subdivision, Weld County, Colorado Dear Mr. Lafferty: 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 too many animal units. In the Agricultural Zone District, such as yours, 4 (four)cattle per acre is your"Use by Right"; however, the presence of more than 4 (four)per acre requires a Use by Special Review application. For questions, I would suggest that you speak to one of our"On-Call" Planners. We have to 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. Sincerely, nn'' ll rBethany Salzman Zoning Compliance Officer pc: VI-0400244 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY O sateWeld County Department of Planning Services t } Inspection Report W1`Dc 1555 N. 17th Avenue COLORADO Greeley, CO 80631 Date of Inspection: c55 z.�,M` ` PermitlCase No.: \n' o"1`MZ'YA Property Owner Name: QC y41.Ai Mt c 1 Address: X\ D7. 'ems` \Skei R Upon a visual inspection of the property listed above,the following items were noted: \\C111 P.f\K n t (' MY VN DiCifpt1 abwed NurAtli r (5b, Vivc -k-T-304 &h — Inspection by: 1$ ContactName: CST I Contact Phone Number: 970-353-6100, Ext. 3540 Copy of this inspection was: Pictures on file: Syes 0 No H-A ! I ;s. f ► o , n� SONS 44421.431:; JPL ! �x'� ,r•y•, _i__J: ' T 1 1 ■ I - I I f 1 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5709686 Parcel#: 146709102008 Tax Area: 2390 Bordering County: Acres: 3.65 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 -68 - 09 - 1 SCOTT'S ACRES- -8 Owners Name &Address: Property Address: LAFFERTY MICHAEL E Street:4702 PEAKVIEW ST WELD 4702 PEAKVIEW RD City: WELD ERIE, CO 80516 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description SA-8 PT L8 SCOTTS ACRES DESC AS BEG NE COR SEC 9 1 68 W680'S1460'TO TRUE POB S230.26'W676.66' N230.26' E677.07' TO TRUE P08 SITUS: 4702 PEAKVIEW ST WELD 80516 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Acres 3.65 Land Subtotal: 3.65 $66,941 $5,330 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Mobile Home 2 Out Building 3 Out Building Improvements Subtotal: $34,400 $2,740 Total Property Value $101,341 $8,070 Building Details Account#: R5709686 Parcel#: 146709102008 Owners Name&Address: Property Address: LAFFERTY MICHAEL E Street:4702 PEAKVIEW ST WELD 4702 PEAKVIEW RD City: WELD ERIE, CO 80516 Building# Property Type 1 Mobile Home Individual Built As Detail http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14670... 08/20/2004 Identify Results Page 2 of 3 Built As: Double Wide Year Built 1976 Exterior: Hardboard Sheet HVAC: Forced Air Interior Finish: Paneling Built As SQ Ft: 1680 #of Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 0 Rooms: 6 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 Unknown 0 0 Account#: R5709686 - Parcel#: 146709102008 Owners Name&Address: Property Address: LAFFERTY MICHAEL E Street:4702 PEAKVIEW ST WELD 4702 PEAKVIEW RD City: WELD ERIE, CO 80516 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Cattle Year Built: 0 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: • Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R5709686 Parcel#: 146709102008 Owners Name&Address: Property Address: LAFFERTY MICHAEL E Street:4702 PEAKVIEW ST WELD 4702 PEAKVIEW RD City: WELD ERIE, CO 80516 Building# Property Type 3 Out Building Individual Built As Detail Built As: Shed - Cattle Year Built: 0 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14670... 08/20/2004 Identify Results Page 3 of 3 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14670... 08/20/2004 i.,,Parcel Table Mamlenance y ,�., .! Parcel No 1467 1 02 OU8 7 "��" Alt Kee 600109 _ - k:. Prasaco'Addrn; . .. Ger erS Inft nnm6Nun Cdy,Id: SCD A:� y1 No a . Da.l Street Name Su6nsssn:J 4702 PEAKVIEW ST Lot Frac[ _SelettAnAdmrss Ama 0.00 ' dmrea 3.65 SAus ."..` 4702 PEAKVIEW ST WELD ._ . Cexuus'jrack Ceti Coigd: Primary Owner Information ' SiCoa�t Yaud Lead Descimlion .; Name JLAFFERTY MICHAEL E SA-8 PTLO SCOTTS ACRES DESCAS BEG NE CUR ._ Adriess1.1a702PEAKVIEW RD SEC916BW680 5146ff TO TRUEPOB5230.25 W676.65 N23Q26' E677.07'TO TRUE PUB SITUS: AtAddress 'ERIE CO 4702 PEAKVIEW ST WELD 80516 Adder Address : .] Ztp [80516 UCode) Phone 1: RA�2390 Pt 2I N#elan Skatus:�ACTIYE -Govt Owned:r— w. Type,eC0 acts:t0 t tblatinis(ALIIY!tY;: ` . ,> n i ° ,i t `:'; ," ,�". � m -d P N. VI.0400244 Address:)4202 PEAKVIEW ST SC0 Status. IC0MPI.NT APPLICANT [I.AFFERTYMICHAEL P,:"-:',':'1,44, 1a8/2°/ at I08r20 2004 p + !!! _,,. ��; _.,� .._.�.:. t f 'r fi ,«p� ,w`�,�3�>.-i... '''' - ,. Parcel Noe J1467.03'1.02 i r7 s, 0Ve ec IL FFERTY MICHAEL E r `: Status IC0MPLNT I g' WidtenOy.IOJS Sec''--'' > 1090168 � � � 17esor�twrG 1700 many MPS arts .. �� Location'14202PeakviewAd ScottsAc�es is, ,, � x Zond�g Dist IAORI InspectionAiea-IV1 Perms Nam I �, F f — . : VI�0NiN6 VI0 1VGti,>>WELT7 VI0'"Iww*v!'j Class Cede 9 + . l tL UNITS '; ,, :Complai t: 108/10/2004 Ind IBJS NO Vi I-�r� a t eater I rzsrzoaa :,Iats issued: ]_r Iilt 1 Inspe 106%20/2004 '. he18Js , @LCVa 1 r !_ ItW Co.t 1_r—�_ .I DosedDCV::I_/ i Ink I Closed vi: I_/ / Init 1 Page 1 of 1 Bethany Salzman .ti,\Lj From: Peggy Gregory 1 tY�1 Sent: Tuesday, August 10, 2004 3:20 PM \I To: Bethany Salzman Subject: 4702 Peak View A couple of weeks ago, Deb Blandin said the house at this place looked like it should be demolished and the front porch was falling off. They also have a lot of animals. Bryon went out there and said the porch and house are okay. Deb would like you to check into the"cattle feeding operation." The owner is Mike Lafferty. • 08/17/2004 C,) 111111111111 IIIIIII lull Ili,i hill till 111111111 IIII IIII2927634 02/2512002 03:61P JA Sold TRulcamoto Recorder. 1 al 1 R 5.00 D 0.00 Weld County CO ---- yy 1 PERSONAL REPRESENTATIVE'S DEED {J1J I ZCJI3 A 0 (llstate Estate) THIS DEED is made by Reatric e Ann Lease as Personal Representative of the Estate of Anna Mae Lafferty ,deceased,Grantor, to Michael Eugene Lafferty ,Grantee. whose legal address is 4702 Peakvi ew. Erie. flnloradn 80516 of the 'County of WELD ,and . State of COLORADO . • WHEREAS,die Last Will and Testament of the above-named decedent was made and executed In the lifetime of the decedent,and is dated Aueust 22 ,19 7R ,which Will was duly admitted to(formal)(informal) probate on Marrh 22 ,x$ 2000 ,by the Di arri or Court in and for the • County WELD ,State of Celorador Probate No. nn PR 07 of Marrh 77 WHEREAS,Grantor was duly appointed Peraoaal Irsprcxnutive of said Estate on lC 2000,and La now qualified and acting in said capacity. NOW,THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee arli 14d1MM bole s• (12-MHZOLYIRIANIORDIRIOR (As the person entitled to distribution of the property in the above captioned Will)'"the following described real property situate 1n the County.of Wri T ,State of Colorado: • A parcel of land located in the Northeast 1/4 of Section 9, Township 1 North, Range 68 West of the 6th P.M., described as follows: . Beginning at the NE corner of Section 9, thence West 680.0 feet along the North line of Section 9; thence South- 1690.26 feet to true point of beginning; thence South 247.0 feet; thence West 676.29 feet to the East line 60 foot access road; thence North 247.0 feet; thence East 677.07 feet to true point of beginning, being a portion of Lot 8, Scott's Acres, County of Weld, State of Colorado. also known by street and number as 4652 Peakview, Erie, Colorado 80516 With all appurtenances,subject tocovenants,easements andrestricirons of record,and subject to general property taxes for die year 19_— ,and subject to As used herein,the singular includes the plural and the plural the singular..laar / Executed A S Personal Itepreseimnrlve of alt Eits Ann tn or a occeared STATE OF COLORADO �d I J"s• ��_COUNTY OF 6 3�sf —f ,, The foregoing instrument was acknowledged before me this day of JGI1U Cl ,bfc—a'. by E _r i a n d.e Anna Mae "'at .Deceased. as Personal Rspresenmtive of the Estate of Wiincss my hand and official seal. My commission expires:_ rlsl� y �� KRISTINE M WIE •vi„ucnse.nsert'CO,and". NOTARY PUBLIC••vmm as rgulred STATE OF COLORADO u Ct•C'16.W 11.57. ITRRnnel nnPRnivrtnTlvrsoRnnneaner,an'r"abnMr.=nsw sn aw..lab•"d.eonnr nor»arW --- ,,.,, 4; a 11: 1111111 1111111111111 11111111 111111IIIIIII111111111 2927835 02/25/2002 03:51P JA Suki Tsukamolo 1 of 2 R 10.00 D 19.88 Weld County CD B35 WARRANTY DEED I �\ I wco do 2 THIS DEED. Made this 31st day of January . 2002. Uh�-�� Yb/Q, between Beatrice Ann Lease and Michael Eugene Lafferty 4JC�G ret- of the County of Weld and State of Colorado grantor,and Chad E. Lease and Angela D. Lease whose legal address is 4652 Peak View, Erie, CO 80516 of the County of Weld and State of Colorado ,grantees: WITNESS.That the grantor,for and in consideration of the sum of ONE HUNDRED NINETY EIGHT THOUSAND SEVEN HUNDRED FIFTY AND NO/100 DOLLARS,($198,750.00 ),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 confrtrq unto the grantees,their heirs and assigns forever,not in tenancy in common but in joint tenancy, all the real property together with iriqnOvements.if any,situate,lying and being in the County of Weld , and State of Colorado.described as follows: A parcel of land located in the Northeast 1/4 of Section 9, Township 1 North, Range 68 West of the 6th P.M., described as follows: Beginning at the NE corner of Section 9, thence West 680.0 feet along the North line of Section 9; thence South 1690.26 feet to true point of beginning; thence South 247.0 feet; thence West 676.29 feet to the East line 60 foot access road; thence North 247.0 feet; thence East 677.07 feet to true point of --Continued-- aiso known by street and number as 4652 Peak View, Erie, CO 80516 TOGETHER with all and singular the heredituments and appurtenances thereunto belonging,or in anywise apperndning.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 hereditmsents 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 ensealiog and delivery of these presents,he is well seized of the premises above conveyed, has good,sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all foram 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,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 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 seat forth above. gaion.or0 (/gym L. -)2-' Beatrice Ann Lease Michael Eugene L forty flTAIEOF0OLORAD0 STATE OF COLORADO ) ss My EnRUIRSS M Expires 04.15.2007 COUNTY OF BOULDER ) The foregoing msmurnent was acknowledged before me this 31st day of January , 2002,by Beatrice Ann Lease and Michael Eugene Lafferty My Commission expires: April 15, 2002 Witnes hand and official seal. �, _.,. g,•3‘.., c \\\ 3 Notary Public Kristine M. Wiegand WARRANTY DEED lm JSnt Tenants)ouMnmt Mk It I101200SA02 4/0 HID 11111 111111111 IIII 11110111111 III 11111 IIE R 2927890 02125/2002 03:51P JA Sukl Taukamoto 2 of 2 R 10.00 D 19.88 Weld County CO 465 'ank View CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED January 31, 2002 beginning, being a portion of Lot 8, Scott's Acres, County of Weld, State of Colorado tn�x uaumnu2 f4 VI-0400244 ---a.- ' Lafferty, Michael INAI/11 . ____ ',will fif fifififfffffff:f:::f::::::::: Parkland Estates MI r 9.- ! :, ce }:miiiiiiiiiiiiiiiiiiiiiiiiiiiiiiimumigilliiiiimmiummolig,,,, F iil... • ........:iiiiiiiiiiiiilll5l.....1[[ii Jiiiiiiiiiiiiiiii'iiiii 1, MI .::............................................................. ii„ Acres ; -.. fiiif: :..................... iiiiiii fiii . ( Elie „ ':::a!a € . 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