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HomeMy WebLinkAbout20052222.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST QUIRINO AND MARIA RETA 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, Quirino and Maria Reta, VI #0500171, 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, Maria Reta, property owner, and Sam Reta, property owner's son, were 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 October 9, 2005, to allow adequate time for the property owners to restore, remove, or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, and to remove or demolish the mobile home, 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 #0500171 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Quirino and Maria Reta 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 October 9, 2005, to allow adequate time for the property owners to restore, remove, or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, and to remove or demolish the mobile home. 2005-2222 PL0824 �r ; ,& via- zl�a-off VIOLATIONS - VI #0500171 - QUIRINO AND MARIA RETA 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 / vU William H. Jerke, Chair 1861 e Cou tq Clerk to the B and f 1. s EX SED O _ ` r"" M. . ile, Pro-Tern e lerk to the Board D idng APP D AS TO F Robert D. Masden oy ty A torney E XCUSED Glenn Vaad Date of signature: 147.77___r 2005-2222 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Quirino & Maria Reta Violation: VI-0500171 Address: 6822 CR 21, Fort Lupton, CO 80621-8927 Legal: Part of the NW4 of Section 35, T2N, R67W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to CR 21 and South of and adjacent to CR 16 North: Agriculturally zoned with mixed residential and agricultural uses South: Agriculturally zoned with mixed residential and agricultural uses East: Agriculturally zoned with mixed residential and agricultural uses West: Agriculturally zoned with mixed residential and agricultural uses Parcel Number: 1311-35-0-00-089 Acreage: 39.35 +/-Acres Certified mail date: July 13, 2005 Received: July 14, 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.F and 23-3-30.1 and Chapter 29, Article VII(7) of Section 29-7-10 of the Weld County Code. REMEDY To bring the property into compliance the"Noncommercial Junkyard" shall be restored, removed or screened completely from all adjacent properties and public right-of-ways. Also, the mobile home shall be permitted or removed. 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 21, 2005 Violation initiated after property inspection completed. April 28, 2005 Five day compliance encouragement letter issued. May 2, 2005 Violation letter issued. Also sent ZPMH and Building Permit application. July 11, 2005 Property inspected. Property remains in violation. July 13, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2005-2222 a DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 II IWebsite: WWW.CO.WELD.CO.US C E-mail Address: bsalzmanco.weld.co.us O PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 July 13, 2005 Mr. & Mrs. Quirino Reta 6822 CR 21 Fort Lupton, CO 80621-8927 Subject: VI-0500171, Part of the NW4 of Section 35,T2N, R67W of the 61h P.M.,Weld County, Colorado Dear Mr. & Mrs. Reta: The property referenced above remains in violation 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 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.F "Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30.1 "Noncommercial Junkyard." Chapter 29, Article VIl(7) "Mobile, Manufactured or Factory-Built Home Permits." Section 29-7-10 "Permit required." To bring the property into compliance: ➢ The mobile home shall be permitted or removed. As I indicated during a previous telephone conversation, you can apply for a zoning permit to "temporarily" store the mobile home on the property(this permit is valid for 6 months). If you choose to go this route a building permit application would also be necessary. ➢ The "Noncommercial Junkyard" consisting of derelict vehicles shall be restored, removed or completely screened from all adjacent properties and public rights-of- ways. 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. Mr.&Mrs.Rota Page 2,VI-0500171 NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles.A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of- way. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials;fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; is not registered with the State, as required by Section 42-3-103, C.R.S., or by Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights- of-way or otherwise not equipped with lamps and other equipment as required in Sections 42- 4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses.A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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. U.S. Postal Service,. Sincerely, Lrng CERTIFIED MAIL,. RECEIPT 0--41Ceni ..n (Domestic Marl Only;No Insurance Coverage Provided) ri rr F r.elivery tM rmeti•n vtsrt ur we site at www.us sc m Bethany Salzman N .411-1 Zoning Compliance Officer Postage $ m pc: VI-0500171 O Certified Fee Postmark p De artment of Planning Services a Return Receipt Fee(Endorsement Required) Here Bruce Barker, County Attorney y ( Restricted Delivery Fee (Endorsement Required) co N $ Total Postage&Fees C Sent To N .RETA Street,�Apt.&vo.MRS�___QIISRII3Q" oi PO Box No. 6822 CR 21 City,State,ZIP+4 SENSE'; C�M'LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N •ELIVEFY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. • Print your name and address on the reverse X C� 0 Agent so that we can return the card to you. Addressee ■ N m B Received by(pn' ,. e) .te of livery Attach this card to the back of the mallpiece, or on the front if space permits. u a C. / C. 3/,r,-r-- 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No MR. & MRS. QUIRINO RETA 6822 CR 21 FORT LUPTON, CO 80621-8927 3. Service Type XXI Certified Mail 0 Express Mall ❑Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7004 2890 0003 5709 2 615 PS Form 3811,February 2004 Domestic Return Receipt 102595-021.1-1640 ,f tt � , Weld County Department of Planning Services WiiDc. Inspection Report COLORADO 91810`° St Greeley, CO 80631 Date of Inspection: CY1 \ V Permit/Case No.: VI: V1 Q ,esTh Property Owner Name: �C77e \ Qwr1n1" fG `twz, Address: �zz tomL 3 Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: Wt is to r> t tnincbc I t ter i or ref(ac . Inspection by: Contact Name: NnA Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: 1s- — — +s Pictures taken during inspection: O Yes )4 No DEPARTMENT OF PLANNING SERVICES (1) Compliance Division NORTH OFFICE 918 10TH Street I GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(o�co.weld.co.us PHONE: (970) 353-6100, Ext. 3555 • FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 WELD COUNTY '4) „s, '" ZONING VIOLATION NOTICE 0•€` t r; s May 2, 2005 L -fi k \� '� {�, G Mr. & Mrs. Quirino Reta ,p\ S 6822 CR 21 Fort Lupton, CO 80621-8927 Subject: VI-0500171, Part of the NW4 of Section 35, T2N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Reta: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.F "Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30.1 "Noncommercial Junkyard." To bring your property into compliance with the Weld County Code: ➢ The mobile home shall be permitted or removed. As I indicated during our telephone conversation, you could apply for a zoning permit to "temporarily" store the mobile home on the property (this permit is valid for 6 months). Should you choose to go this route a building permit application would also be a necessity. For your convenience, I have included both applications with this letter. ➢ The "Noncommercial Junkyard" consisting of derelict vehicles shall be restored, removed or completely screened from all adjacent properties and public rights-of- ways. Mr.&Mrs.Reta Page 2,VI-0500171 NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles.A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of- way. JUNK: Scrap brass, iron, lead, tin,zinc; all other scrap metals and alloys; bones;rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials;fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; is not registered with the State, as required by Section 42-3-103, C.R.S., or by Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights- of-way or otherwise not equipped with lamps and other equipment as required in Sections 42- 4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses.A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 60 (sixty) days from May 2, 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. incerely, Bethany Salzman Zoning Compliance Officer pc: VI-0500171 Department of Planning Services Bruce Barker, County Attorney a DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE I 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US OE-mail Address: bsalzman a(�co.weld.co.us PHONE: (970) 353-6100, Ext. 3555 COLORADO FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 L0NGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 April 28, 2005 Mr. & Mrs. Quirino Reta 6822 CR 21 Fort Lupton, CO 80621-8927 Subject: VI-0500171, Part of the NW4 of Section 35,T2N, R67W of the 6th P.M.,Weld County,Colorado Dear Mr. & Mrs. Reta: 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 an illegal mobile home. The mobile home shall be permitted or removed from the property. Additionally,derelict vehicles were noted. The"Noncommercial Junkyard"consisting of derelict vehicles shall be permitted, removed or completely screened from all adjacent properties and public rights-of- ways. 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, B Sal ° 3r Zoning Compliance Officer pc: Vl-0500171 Department of Planning Services SERVICE.TEAMWORK.INTEGRITY,QUALITY Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8072600 Parcel#: 131135000089 Tax Area: 2233 Bordering County: Acres: 39.35 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02- 67 - 35 - 0 - - Owners Name&Address: Property Address: RETA QUIRINO C&MARIA Street: 6822 21 CR 6822 COUNTY RD 21 City: WELD FORT LUPTON, CO 80621-8927 Business/Complex: Sales Summary. Sale Date Sale Price Deed Type Reception # 10/29/1999 $160,000 WD 2730269 Legal Description PT NW4 35-2-67 BEG NW COR S89D59'E 1855' S0D19'E 939.35' N89D59'W 1855' N0D19'W 939.35'TO BEG (.65R) SITUS: 6822 21 CR WELD 000000000 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4147 Acres 10 Agricultural 4147 Acres 5 Agricultural 4117 Acres 19.35 Agricultural 4117 Acres 5 Land Subtotal: 39.35 $7,789 $2,260 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $0 $0 Total Property Value $7,789 $2,260 Building Details Account#: R8072600 Parcel#: 131135000089 Owners Name&Address: Property Address: RETA QUIRINO C&MARIA Street: 6822 21 CR 6822 COUNTY RD 21 City: WELD FORT LUPTON,CO 80621-8927 Building# Ps_operty Type 1 Residential http://maps.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=13113... 04/27/2005 Identify Results Page 2 of 2 Individual Built As Detail Built As: Permit Value Year Built: 2004 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 a of Baths: 0 Roof Type: a of Bdrms: 0 Roof Cover: a 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/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13113... 04/27/2005 Identify Results Page 1 of 1 Mobile Home Valuation Account#: M0012201 Parcel#: 131135000089 Owners Name&Address: Property Address: RETA QUIRINO C&MARIA Street: 6862 21 CR STOR FORT LUPTON 6822 COUNTY RD 21 City: FORT LUPTON FORT LUPTON, CO 80621-8927 Business/Complex: Legal Description PT NW4 35 2 67 IMPS ONLY MH LAND RETA QUIRINO C&MARI MOBILE/MODULAR TITLE: 12P447683 SERIAL: BK689E YEAR: 1971 MAKE: BUDDY SIZE: 12X46 SITUS: 6862 21 CR STOR FORT LUPTON 80621 Land Value $0 Land Assessed Value $0 Impr. Value $362 Impr. Assessed Value $30 Total Value $362 Total Assessed Value $30 Total Taxes: $6.92 Amount Due: $0.00 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 67 - 35 - 0 - - Acres: Sq. Ft.: Sale Price Sale Date Deed Type Reception# $0 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=ACCDET&acct=13 1 1 3 5000089... 04/27/2005 1_ ..„,..".,,,' , :rt.,..1.,;;,.... ., „.I.,„..t...., .03, ,_0 „; ..,,a re .. ET,� H p ` R mz. „ , m F , ,, .I.. .1 ..„1 . :. . ._, .,:,. c... ,:e. i,h5.1 ,...i.....,, ,8..,..„ Le‘eIR .,i..' ,.-4›.. L tJ1 0 m a8o .: 4. -JJ T C a 2a w E. Zt._ ' ; L3 o asu §' � � ¢ a ; U . a, .. b ''s. z = w c''n' S rte- J 0I �. 25 a iL : LL � M ' yNy}} . N is, 2:.- : 5 -' - ' , ' N.,:.' , � a`� 3 '82 t kn,; 44� o f °. a: . ;. If M m } 4.. M C . IIIIIII_... • • •�. • 1 iii '�. ^' " C. . J 1 • > 18 .Z y « .. :. ' � Z ' z . L7 K: t Z s c • '6 1 “..'ra. ...:), iIbii ; bH1i (y� b1b .YZ . : M •o - { � . i.a PJ Z.S to oagilith V.44Pos:';;,..:4..; 1,!1;;; *. a aaa vi. O z x 3 0 ik k. I �w y t $'.. 9). 2 �b.'.:p ca ... s O • 4 , Weld County Department of / 1 Planning Services Wilk Inspection Report COLORADO 918 10`° St ^ Greeley, CO 80631 Date of Inspection:` /4"may‘-05 �f Permit/Case No.: T C O`-1 ` (��-� Property Owner cName: Pt*a 1 a� ( k C\O 5 ' C.V\ 1, (), Address: Oa D% C9-- a Upon a(visual)(on-site) inspection of the property listed above, the following items were noted: c - vt-t« Inspection by:r'C L Contact Name: OTh Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: --- -— _ - Pictures taken during,inspection: ❑ Yes XNo DEPARTMENT OF PLANNING SERVICES C I Code Compliance Division 918 1Oh Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADODc±O�^ 1 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ❑ ZONING CODE COMPLAINT ❑ Staff/Name: ❑ Citizen Y. Other:biVC.t ❑ HEALTH DEPARTMENT Citizen's Name(If known): U ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS \ r� Date Complaint was received: A— a\'O5 Pending Case#(i.e.U\SR.,,RE, SE, ect...): � ^� \ 1 , \ 2 }�__ p� Legal Description: 1�.7tJO M^5'?53 �T K on NJ Parcel#: \`], 1� ^lJ- nci Violation Address: O a� s c.. . a) f Property Owners Name: Pt-al \(`I t(lO `C. ` , ta'Ue Phone: � Property Owners Address: L t.pk I W cDVtL\ - �QZ� Tenant's Name: Phone: Tenant's Address:NATURE OF COMPLAINT: S..\V I:60a nACidttt, \CY YLQ. %3US I — &j—cQ i C4 VPho u< Additional Notes: �W IillllIIIIINIIIIIIIIIIIII118111 l !BI�����III!�UI 2,030,261 11!0211999 11:63A JA URj Tfulmm➢to 12 fl 10.00 D 16.00 Weld County CO alto WARRANTY DEED THIS DEED, Made this 29TH day of OCTOBER, 1999 between Anne Dickerson O�i of the County of Weld and 9�f 7�9� State of Colorado, grantor, and Quirino C. Rata and Maria Reta V whose legal address is 1631 MEEKER DR, LONGMONT, CO 60501 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of ONE HUNDRED SIXTY THOUSAND AND 00/100, ($160,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, coney and confirm unto the grantees, their heirs and assigns f not in tenancy in common but in JOINT TENANCY, all real property, together with isprovmmante, if any, situate, lying and being in the County of Wd and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as TBD-WCR 21, Ft. Lupton, Colorado 80621 TOGETHER with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditament: and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs end 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 tine of the annealing and delivery of these presents, he is well seised 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 aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, aassssaents, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1999 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; all oil and mineral rights are excluded all water rights are excluded ADD Fee /G The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession 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 his deed on the date set forth above. Anne Dickerson STATE OF COLORADO ) Be. The foregoing instrument was acknowledged before County of Weld ) me this 29TH day of OCTOBER, 1999 by Anne Dickerson - Witness my hand and official seal. 'tGU. My commission expires -Q-[3 • NOTARY PUBLIC 41 y �. ,A Q : O 1002 17TH AVENUE No. 921A. Rev. 3` ~ ' ©�ti'2,P� LONGMONT, COLORADO 80501 OF OOLC After Recording Return To: eel hit: w � 11111111111111111 I I I I 111111111111 I I I I I I I I I I I 2730299 71/02/1999 11:93A 14 803 TWkamoto 2W 2 fl 10.00 016.00 Weltl County CO ESCROW NO. : F927595 DATE October 26 1999 "EXHIBIT A" 7 LEGAL DESCRIPTION 9 Part of the Northwest 1/4 of Section 35, T2N, R67W of the 6th P.M., Weld County, Colorado more particularly described as follows: Beginning at the Northwest corner of said Section 35; thence South 89 degrees 59'00" East along the North line of the Northwest 1/4 of said Section 35 a distance of 1855.00 feet; thence South 00 degrees 19'23" East parallel with the West line of said Northwest 1/4 of Section 35 a distance of 939.35 feet, thence North 89 Degrees 59'00" West parallel with said North line of the Northwest 1/4 of Section 35 a distance of 1855.00 feet to said West line of the Northwest 1/4 of Section 35; thence North 00 Degrees 19'23" West along said West line of the Northwest 1/4 of Section 35 a distance of 939.15 feet to the point of beginning. . _ ‘7„..„ , H 11 USR-1231 2500 dairy --I 1/I-0500171 Reta US -514 Gravel Minim AmUSR-155 ill)" Gravel Mirl mg INJ r-I CR16 ' S t1 .— W USR-870 — I Fertilizer Y 1 fr I Li CR 14.5 �;` SUP-360 SUP 401U -133 Compressor tation oil st rage fII) 40 fairy iiiirli CR14 r - r r7- 1 cT---- III ,1 }} I k f 4• . ,,- -V. - - 1 • ~9 =tom i fit 's''��ayam . 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