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HomeMy WebLinkAbout20052206.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JAY AND SHERRI WOODS 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, Jay and Sherri Woods, VI #0400132, 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 12th day of April, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time this matter was continued to August 9, 2005, to allow time for the property owners to submit a Change of Zone application and a Use by Special Review permit. 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, Jay Woods, 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 November 9, 2005, to allow adequate time for the property owners to submit a Change of Zone and a Use by Special Review permit,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 #0400132 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Jay and Sherri Woods 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 9, 2005, to allow adequate time for the property owners to submit a Change of Zone application and a Use by Special Review permit, to bring the subject property into compliance. 2005-2206 PL0824 (/' ' �G� G/d VIOLATIONS -VI #0400132 - JAY AND SHERRI WOODS 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. a BOARD OF COUNTY COMMISSIONERS E� WELD COUNTY, COLORADO eS 401a-Al 1861 , :- William H. Jerke, Chair IW'%0[QI C tit -"lerk to the Board ® EXCUSED M. . eile, Pro-Tem eputy Clerk to the Board D vid E. Long AP D AS TO F Robert D. Mas en uhty'Ptt ey EXCUSED //// Glenn Vaad Date of signature: 1,5— 2005-2206 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Jay & Sherri Woods Violation: VI-0400132 Address: 2040 Fairway Lane, Greeley, CO 80631 Legal: Part of the SW4SE4 of Section 36, T6N, R66W of the 6`h P.M., Weld County, Colorado Location: South of and adjacent to F Street North: Agriculture, 1-3 and R-5 Zoned Districts South: R-1 Zone District and City of Greeley East: R-1 Zone District West: R-1 and C-3 Zone District and City of Greeley Parcel Number: 0805-36-0-00-018 Acreage: 2.5 +/-acres Certified mail date: March 17, 2005 Received: April 1, 2005 Currently the property is in violation of Chapter 23, Article III (3), Division 2 of Sections 23-3-110, 23-3- 110.B, 23-3-110.C 23-3-110.0.4, and 23-3-110.D of the Weld County Code. REMEDY To bring the property into compliance staff has determined the following options: ► Business shall fall within the guidelines of a Home Occupation and the proper permit shall be obtained ► Owners could apply for a change of zone and then submit adequate applications. (Staff has recommended against this option) ► Business shall relocate to an adequately zoned property. 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 28, 2004 Initial complaint received. April 28, 2004 Initial inspection completed. April 28, 2004 Five day compliance encouragement letter issued. May 3, 2005 Mr. Woods came into office and met with Sherri Lockman and Bethany Salzman May 25, 2004 Violation letter issued. 2005-2206 VI-0400132 Woods,Jay&Sherri June 2, 2004 Mr. & Mrs. Woods came into office and met with Chris Gathman and Bethany Salzman. Given 6 months to correct violation. March 10, 2005 Property inspected. Property remains in violation. March 17, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. DEPARTML..T OF PLANNING SERVICES Kit6 North Office Code Compliance Division 918 10'"Street, Greeley, CO 80631 O.0 WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 C Fax (970) 304-6498 Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 trTE Fax: (720) 652-4211 March 14, 2005 Mr. & Mrs. Jay Woods 3 « —OS 2040 Fairway Lane Greeley, CO 80631 Subject: VI-0400132, Part of the SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Woods: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 12, 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 2 "Residential Zone Districts" Section 23-3-110 "R-1 (Low-Density Residential)Zone District" Section 23-3-110.8 "Uses allowed by right" Section 23-3-110.C "Accessory Uses" Section 23-3-110.C.4 "Home Occupations" Section 23-3-110.D "Uses by Special Review" To bring the property into compliance: During you visit to our office on June 2, 2004, Chris Gathman, Planner and Bethany Salzman, Zoning Compliance Officer, advised you of your situation regarding compliance with the Weld County Code. Unfortunately, due to your current zoning district (R-1/Residential), there are not a lot of options. As the two of you discussed: If your neighbor to the West would include his property with yours for a Change of Zone application, you might have a better chance of receiving approval. Check with the City of Greeley to determine if annexation would be a possibility. Their rules and regulations might be more amenable to a home business. Limiting your business to 1 (one) vehicle and relocating the remaining vehicles and operations. This would allow you to apply for a Home Occupation permit. This would mean that no other employees, equipment or vehicles could access the property. The only other option is to relocate the business to an adequately zoned property. It is my understanding th ie two of you spoke with Mrs. Salzman on . 32,2004 and were granted a six(6)month extension to bring the property into compliance or relocate to another property. A visual inspection was done on March 10, 2005 and it was apparent that the business was still being run off of the property,as I noted at least eight (8)commercial vehicles on the site. 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 -^ 1C C � + U.S. Postal S m CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) Ann Siron m F.r •elivery mf•rmati nvisit .urwe•site at www.us•s.c mm Zoning Compliance Officer Ir kco rr ,h pc: VI-0400132 m Postage $ Department of Planning Services ru Bruce Barker, County Attorney o Dogged Fee p Postmark p Return Raciest Fee Here (Endorsement Required) o Restricted Delivery Fee r-R (Endorsement Required) O a r1. Total Postage 8 Fees S m I=I Sent MRTe& MRS JAY WOODS N street.Apt.No.; or PoaoxNo. 2040 FAIRWAY LANE Gill('State'ZIPr4 GREEEEY, CO 80631 PS Form 3800,June 2002 See Reverse for Instructions SEN■E': C�M'LETE THIS SECTI eN C•M'LETE THIS SECTIrN •N •ELIVE'Y • Complete Items 1,2,and 3.Also complete A. Si• .ture ID gent item 4 if Restricted Delivery is desired. X - t � Addressee • ■ Print your name and address on the reverse so that we can return the card to you. - ed b (Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, at' .a f / / 3 or on the front if space permits. D. Is elivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No MR. & tS. JAY WOODS 2040 FAIRWAY LANE GREELEY, CO 8063-1Y 3. Service Type XX)'Certified Mall ❑Express Mail -j� 0 Registered 0 Return Receipt for Merchandise 4,/.CJ/1S 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number entice lab�lh i,tl„ttiir,r7+AA�i,t A#�ArrRr4III It08r5ir 133 T E: PS Form 3811, February 2004 Domestic Return Receipt 102595.024A-1540 c Weld County Department of I� Planning Services Wok Inspection Report COLORADO 918 10`n St Greeley, CO 80631 !is Date Date of Inspection: _J'�( I '"„s S Permit/Case No.: V/ nine)/ Property Owner Name: (,a('YYZS) j(1 y Address: g)go F-6 l r; Y, / (J-r ,7 I Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: 1- 77 k; ,,); //v./„4m II Inspection by: (� S Contact Name: ( t/'% Contact Phone Number: 970-353-6100, Ext. 3555 Copy of this inspection was: a on Site ❑ Maile on: Pictures taken during inspection: es O No a - rit W I lie DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE June 7, 2004 Mr. & Mrs. Jay Woods 2040 Fairway Lane Greeley, CO 80631 Subject: VI-0400132, Part of the SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Woods: 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 2 "Residential Zone Districts" Section 23-3-110 "R-1 (Low-Density Residential) Zone District." Section 23-3-110.8 "Uses allowed by right." Section 23-3-110.C "Accessory uses." Section 23-3-110.C.4 "Home Occupations." Section 23-3-110.D "Uses by special review." To bring your property into compliance with the Weld County Code: During your visit to our office on June 2, 2004, Chris Gathman, Planner and I advised you of your situation regarding compliance with the Weld County Code. Unfortunately, due to your current zoning district (R-1 / Residential), there are not a lot of options. As we discussed: If your neighbor to the West would include his property with yours for a Change of Zone application, you might have a better chance of receiving approval. Check with the City of Greeley to determine if annexation would be a possibility. Their rules and regulations might be more amenable to a home business. Limiting your business to 1 (one)vehicle and relocating the remaining vehicles and operations. This would allow you to apply for a Home Occupation permit. This would mean that no other employees, equipment or vehicles could access the property. The only other option is to relocate the business to an adequately zoned property. ' Mr.&Mrs.Woods Page 2,VI-0400132 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 180 (One hundred-eighty) days from June 7,2004, 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 Attorneys 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. Sin'cyge�rrely,+- Bethany Salzman `JY Zoning Compliance Officer pc: VI-0400132 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES C Code Compliance Division O Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE May 25, 2004 Mr. & Mrs. Jay Woods 2040 Fairway Lane Greeley, CO 80631 Subject: VI-0400132, Part of the SW4SE4 of Section 36, T6N, R66W of the 6`h P.M., Weld County, Colorado Dear Mr. & Mrs. Woods: 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 2 "Residential Zone Districts" Section 23-3-110 "R-1 (Low-Density Residential) Zone District." Section 23-3-110.B "Uses allowed by right." Section 23-3-110.C "Accessory uses." Section 23-3-110.C.4 "Home Occupations." Section 23-3-110.D "Uses by special review." To bring your property into compliance with the Weld County Code: During your visit to our office on May 3, 2004, Sheri Lockman, Planner and I advised you of your situation regarding compliance with the Weld County. Unfortunately, due to your zoning district (R-1 / Residential), there are not a lot of options. A Change of Zone would not be feasible. Due to the surrounding uses, at most staff would only support a Change of Zone to Estate, which still would not allow for this type of commercial activity. Based upon our discussion, I understand that you currently have around 8 vehicles and anywhere from 2—8 employees depending on work load and time of year. If you can reduce to just your son (who currently resides on the property)and 1 (one)commercial vehicle for him to drive, you might be eligible for a Home Occupation permit. This would mean that no other employees, equipment or vehicles could access the property. If this reduction in commercial activity occurs, please complete and submit a Home Occupation (see enclosed)application to the Department of Planning Services. The only other option is to relocate the business to an adequately zoned property. Mr.8 Mrs.Woods Page 2,VI-0400132 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 25, 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 J Zoning Compliance Officer pc: VI-0400132 Department of Planning Services Bruce Barker, County Attorney • DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 COLORADO April 28, 2004 Mr. & Mrs. Jay Woods 2040 Fairway Lane Greeley, CO 80631 Subject: VI-0400132, Part of the SW4SE4 of Section 36, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Woods: 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 operation of a commercial business without the necessary Zoning permits. Furthermore,this property is zoned"R-1"(Residential),which limits the uses that can even be permitted. 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 1555 N. 17th Avenue, 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,4-trinek� Bethany Salz n Zoning Compliance Officer pc: Vl-0400132 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1377186 Parcel#: 080536000018 Tax Area: 0604 Bordering County: �r_ ,r, +��i Acres: 2.5 .,1 �` �` Township Range Section Quart. Sec. Subdivison Name Block# Lot# 06 - 66 - 36 - 0 - - . _..ersas, Owners Name &Address: Property Address: WOODS JAY A& • Street: 2500 W F ST GREELEY 2040 FAIRWAY LN City: GREELEY GREELEY, CO 80631 Business/Complex: Sales Summary Sale.Date Sale Price Deed Type Reception # 11/14/2003 $230,000 WD 3127494 Legal Description 18034 PT SW4SE4 36-6-66 BEG AT NE COR SW4SE4 S854'TO N R/W LN C& S RR NWLY ON N R/W LN 138.3' N800.5' TO N LN SW4SE4 E130'TO BEG(2.54A M/L) 2500 W F ST GREELEY 00000 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 2.5 Land Subtotal: 2.5 $54,863 $4,370 buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $67,635 $5,380 Total Property Value $122,498 $9,750 Building Details Account#: R1377186 Parcel#:080536000018 Owners Name&Address: Property Address: WOODS JAY A& Street: 2500 W F ST GREELEY 2040 FAIRWAY LN City: GREELEY GREELEY, CO 80631 Building# Prop r y TVDe 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1957 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08053... 04/28/2004 Identify Results • IPage 2 of 2 Exterior: Frame Hardboard HVAC: • Forced Air Interior Finish: Plaster Built As SQ Ft: 784 # of Baths: 1 Roof Type: # of Bdrms: Roof Cover: Composition Shingle # of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: 336 Detached SQ Ft: Basement: Total SQ Ft: 392 Finished SQ Ft: 392 Account#: R1377186 Parcel#: 080536000018 Owners Name 8.Address: Property Address: WOODS JAY A& Street: 2500 W F ST GREELEY 2040 FAIRWAY LN City: GREELEY GREELEY, CO 80631 Building# Property_Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1957 Exterior: 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: http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=08053... 04/28/2004 • • • 4,...,:•,!,,F,,,'„,......:-.,, .•••-. ••1-,... :.,,,-•:•::.•,.:.:::•:::.:.,,,..::., r;,:..., ..,...• : A • . - • . :. .......!.•::::,. .A.::::::::: O CD atiCis ljt2htlili S Yr.v;: ro J O O Z. • OR ` 8 o LDC3Ji•— i fe a, rr- 4� 1�• (D 1L1 �� .. c • C r O • 4 J +d Oi a.).'0 . 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'; .. q o N U to :. • L 1: a r1t>y: , II Ft g is !. iry .-', WiSrl AE ¢ fi₹ �fl-y, Ilex .................. . ti { aE'clF+l ; :"�..� c.u��n"•i₹::ii::S:i: r G . 1 y,� •�{{�••��•;;; 3. ii • •r as1 ?;;•t' a �_:. .' 4 iyl' , :r. • I�t s ,.•g i,Liirp(•;�`,¢'• 3.•.:i;:''' „.... 0, r ,,,, ..,,,,,..,. ..„,„.„,,,„„.,....„._„,.,:„„„„.„,:„,,,,,,„.,,,,,..• . , ,f, 3 .a.a o..••.• ..,. ...„..,..,4 ,. ₹• &:i i{„,,„.:.,..,:::„.,:•„:,,•::.. , .• .: . •... t ... ct37t `F'R file tingiil•-y[u•,'-'yi L11:.YYi( :S!.lf;tr' ,:' tie;j) DEPARTMENT OF PLANNING SERVICES ipe. Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100,Ext. 3540 COLORADO Fax: (970)304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Pi ZONING CODE COMPLAINT $ HEALTH DEPARTMENT ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS \ p Date Complaint was received: t\'2 it\ Pending Case#(i.e.USR,RE, SE,, ect...): .. (� Legal Description: c AA�4F.Y (}F >Th 1Q t WL)Pl1filn lA) Parcel#:%L'o•3t' -[)"c}` C)\ Violation Address: a' c), Property Owners Name: \A t 1 1E l )6 Et /� Phone: il Property Owners Address: l - -kn .4 -V, t4C-iceckl), (F) C69UD?\ Tenant's Name: Phone: Tenant's Address: ,mot NATURE OF COMPLAINT: t ,C X OOGNO.('D cxy-A'J'ykab bu r rL j ' Complaint Referred To: Date: Complaint Referr ` Date: Additional No : tt.41) 111111111111lI��IIlII�'' I11111111111111�111111111VIII 1 of 1 R 6.00 0 23.00 Steve Moreno Clerk 8 Recorder • 494 WARRANTY DEED urn' THIS DEED, Made this J ) day of NOVEMBER, 2003 between STEPHEN G. SPEAR and VIA SPEAR of the County of WELD and State of COLORADO, grantor, and JAY A. WOODS and SHERRIE L. WOODS • whose legal address is 2040 FAIRWAY LANE, GREELEY, COLORADO 80631 of the County of WELD and State of COLORADO, grantees: WITNESS that the grantor for and in consideration of the sum of TWO HUNDRED THIRTY THOUSAND AND 00/100, ($230,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and k., assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, c together with improvements, if any, situate, lying and being in the County of WELD o and State of Colorado, described as follows: rb. All that part of the SW1/4 of the SE1/4 of Section 36, Township 6 North, Range 66 West of the 6th P.M., more particularly described as follows: Beginning at the NE Corner of the Sw1/4 of the SE1/4 of said Section 36; thence South 854 feet to the North right of way line of the Colorado and Southern Railroad; thence Northwesterly along said North right of way line 138.3 feet; thence North 800.5 feet to the North line of the said SW1/4 of the SE1/4; thence East 130 feet along said North line of said SW1/4 of the SE1/4 to the Point of Beginning. also known by street and number as 2500 F STREET, GREELEY, COLORADO 80631 TOGETHER with all and singular the hereditaments 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 hereditaments 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 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 same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2003 and subsequent years; except easements, restrictions, covenants, conditions, reservations 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 possession of the grantees, t ' and assigns, against all and every person or persons lawfully cla' ng the who or y part thereof. The singular number shall include the plural, e plural e n ar, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this de date set forth above. STEPHEN SP t A VIRGIN SPEAR STATE OF COLORADO } ss. The foregoing instrument was acknowledged before County of WELD } me this flirt- . day of NOVEMBER, 2003 by ST \ry.•p..,, !/ C and VIRGINIA SPEAR ' Witness my hand and official seal. f s My commission expires July 18, 2004 i i NANCY A. i l'/, i •'OQp% OTARY PUBLIC r4q`Of CO --- 1009 37th A e. Ct. , Ste. 101 No. 921A. Rev. 3-85 Greeley, COLORADO 80634 • `�Y a r Ilir‘lell 1 1 Woods, Jay & Sherri VI-0400132 +0 Ln a) N a > i i Illiiikiits u sibri ,,,_ F Stree : iiui■ ►a NTT %,"141 liFAS fat;nollati, o, 1 Millblins, 41 1 ■ ■. x.111.._ RIM I i� ���111111 wil — :- - �I�111111 ■� ■ - -- - ���111111 ■■ ■ IefL 1 - • -- ! ��MFE I Hello