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HomeMy WebLinkAbout20051700.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST GENE SCHRINER 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,Gene Schriner,VI#0500100, 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 14th day of June, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Gene Schriner was 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 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 August 14, 2005, to allow adequate time for the property owner to remove the mobile home 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 #0500100 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Gene Schriner 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 August 14, 2005,to allow adequate time for the property owner to bring the subject property into compliance. 2005-1700 rr ,, PL � � PL0824 � 1t1 a'7-en-fJs VIOLATIONS -VI #0500100 - GENE SCHRINER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D., 2005. BOARD OF COUNTY COMMISSIONERS E L,0 WELD COUNTY, COLORADO/fal 1861 lit* _ • William H. Je, e, Chair .0 Clerk to the Bo rd ®U M. J.'+::ile, r:� em Deputy Clerk t. the Board Da 'd E. Long , AP AST , Rob rt D. Masden y Attor Glenn Vaad Date of signature: 2005-1700 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Gene Schriner Violation: VI-0500100 Address: 5466 CR 3, Erie, CO 80516 Legal: Part of the SW4 of Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to CR 3 and approximately%s mile South of Hwy 52 North: Agriculture/PUD South: Agriculture/Airstrip/PUD (Parkland Estates) East: PUD (Peaks at Mountain View and Summit at Mountain View), Agriculture (Carmacar Ranchettes) West: Agriculture/R-1 (Westview Estates) Parcel Number: 1467-05-0-00-023 Acreage: 75.5 +/-Acres Certified mail date: May 17, 2005 Received: June 3, 2005 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.F and Chapter 23, Article IV(4), Division 3 of Sections 23-4-130, 23-4-140 and 23-4-170 of the Weld County Code. REMEDY To bring the property into compliance the mobile home shall be permitted or removed from the property. The mobile home was initially permitted through COC-99-0105; however,this permit was not renewed for some reason this year. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office, but to delay legal action for 30 days to allow Mr. Schriner adequate time to either remove or re- permit the mobile home. CASE HISTORY November 29, 2004 Wendi Inloes sent her annual renewal request letter. January 13, 2005 Wendi Inloes sent another letter requesting renewal information. February 17, 2005 Wendi Inloes sent another letter requesting renewal information. March 22, 2005 Initial complaint received. March 25, 2005 Five day compliance encouragement letter issued. 2005-1700 Mr.Schriner Page 2,VI-0500100 April 7, 2005 Violation letter issued. May 16, 2005 Property inspected. Property remains in violation. May 17, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. • DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 Inge 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 May 17, 2005 Mr. Gene Schriner 5466 CR 3 Erie, CO 80516 Subject: VI-0500100, Part of the SW4 of Section 5, TIN, R68W of the 6`" P.M., Weld County, Colorado Dear Mr. Schriner: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on June 14, 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 III, Div 1 "A (Agricultural) Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.F "Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter." Chapter 23, Article IV(4), Division 3 "Mobile Homes and Manufactured Structures" Section 23-4-130 "Permit requirements." Section 23-4-140 "Mobile homes permitted in the A Zone District." Section 23-4-170 "Temporary accessory farm use." To bring the property into compliance: My records indicate that you have previously been advised of the requirement to renew your mobile permit (COC-99-0105) annually; however, according to Wendi Inloes, Planning Coordinator, she still has not received your annual re-justification. Please contact Wendi Inloes, for questions, (970)353-6100 Ext. 3540. 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.Schriner Page 2,VI-0500100 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 k. Zoning Compliance Officer -- 5 d 2 $ pc: VI-0500100 m is 5 2 COC-99-0105 o i z° e > $ Wendi Inloes, Planning Coordinator a . m TA O O O Department of Planning Services • t . ti Bruce Barker, County Attorney , .. - g m f U.S. Postal Service -- 2 2 as 'N CERTIFIED MAIL,., RECEIPT • z g Et w¢ o C (Domestic Mail Only;No Insurance Coverage Provided) u 1 -@ v d 0 0 0 Q- S F r Lt- elivery mf rmatt n visit ur we•site at www.us•s c mw m '.0. ` m = _ 2 rr v m Q' 0▪- .. _ . . ti v d m ma '.q tyy i 2 Bi ru co Postage $ ro- c m c 'w 2 O ¢ y t • c H O a Ill ; rn cc to 6 mOD0 O r Certified Fee O Postmark U d x m d ai >a e cc in E o Return Rectept Fee Here ra (Endorsement Required) . m o in Restricted Delivery Fee ra u ra (Endorsement Required) o ai � m 0 0 @ 8 c m E ✓g Total Post age&Fees $ N j .a o 8 aV 2 m t O oSent To a Edd 'oE . N o MR. GENE SCHRINER o e m « t` —Street Apt No.: L L w co-0 yo or POBoxNo. 54yy GR N ai an N N Y E r(r v crty.State.ziP«e ERIE CO 805 16 m r. N-0.cam ..z `° CO Z, PS Form 3800.June 2002 See Reverse for Instructions W osi C E u g on --a al �_• O a O 2 cc m « E a E*$ E mcEoc t VD 2 ti U •0-'• - o w Q 2 2 U 0 a E r m¢ 93ty § .8 CZ) a'e T cq r ).D W O • 3U ` 0 Kiti) 'd U_ Um G C _a N Q O lc) fsl 1 t2i N • N 0 O . O f; t, Weld County Department of Planervices ElleInspection g Report Re ort COLORADO 918 10`h St j , Greeley, CO 80631 Date of Inspection: - I(9 -VC Permit/Case No.: V.3.' )I M Property Owner Name: (l '(1Q Y{ &la\.-Q . Address: 5I\LPL/ CL 3 Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: P \( \c \J C1/4 Q1Qi ?1 .QJP.,1\.A- . Inspection by: -+ Contact Name: ` '�'� �- Contact Phone Number:970-353-6100,Ext. 3555 Copy of this inspection was: ❑ Pictures taken during inspection: )4—Yes O No (itd DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(a�co.weld.co.us ripe PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-421 0, Ext. 8730 FAX: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE April 7, 2005 Mr. Gene Schriner 5466 CR 3 Erie, CO 80516 Subject: VI-0500100, Pad of the SW4 of Section 5, TIN, R68W of the 6`h P.M., Weld County, Colorado Dear Mr. Schriner: 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." Chapter 23, Article IV(4), Division 3 "Mobile Homes and Manufactured Structures" Section 23-4-130 "Permit requirements." Section 23-4-140 "Mobile homes permitted in the A Zone District." Section 23-4-170 "Temporary accessory farm use." To bring your property into compliance with the Weld County Code: My records indicate that you have previously been advised of the requirement to renew your mobile permit (COC-99-0105) annually; however, according to Wendi Inloes, Planning Coordinator, she still has not received your annual re-justification. Please contact Wendi Inloes, for questions, (970)353-6100 Ext. 3540. • Mr.Schriner Page 2,VI-0500100 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 April 7, 2005, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Vi� I Bethany Salzm n Zoning Compliance Officer pc: VI-0500100 COC-99-0105 Wendi Inloes, Planning Coordinator • Department of Planning Services Bruce Barker, County Attorney . Q its DEPARTMENT OF PLANNING SERVICES !' Compliance Division I�' NORTH OFFICE IWD 918 10TH Street GREELEY, CO 80631 C Wdress:: WWW.CO.WELD.CO.US C E-mail Address: bsalzman(@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 March 25, 2005 Mr. Gene Schriner 5466 CR 3 Erie, CO 80516 Subject: VI-0500100, Part of the SW4 of Section 5, Ti N, R68W of the 61"P.M., Weld County, Colorado Dear Mr. Schriner: 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 for failure to re-justify COC-99-0105 for your"Accessory to the Farm" mobile home permit. For questions or to provide re-justification, please contact Wendi Inloes, Planning Coordinator either at the above address or (970)353-6100 Ext. 3540. 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, Bethany Salzman Zoning Compliance Officer pc: VI-0500100 COC-99-0105 Department of Planning Services SERVICE,TEAMWORK.INTEGRITY,QUALITY Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0312594 Parcel#: 146705000023 Tax Area: 2390 Bordering County: Acres: 75.5 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 01 - 68- 05 - 0 - - Owners Name &Address: Property Address: SCHRINER GENE L Street: 5466 3 CR 5466 WELD CO RD 3 City: WELD ERIE, CO 80516 Business/Complex: Sales Summary Sale Date Sale Price Deed Typg. Reception# 6/19/2001 $0 QCN 2859255 Legal Description 24783-B PT SW4 5 1 68 BEG SW COR SEC 5 N89D54'E ALG S LN SD SW4 2754.97'TO 54 COR SD SEC TH NOD20'E ALG E LN SW4 1241.50'TO TRUE POB TH S89D54'W 2434.50' NO1D17'E 357.78'TO POINT ON APPROX C/L LOWER BOULDER DITCH TH WLY ALG SD C/L DITCH 577D25'W Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value yP Measure Units Value Agricultural 4147 Acres 20 Agricultural 4167 Acres 7 Agricultural 4147 Acres 39.14 Agricultural 4147 Acres 9.36 Land Subtotal: 75.5 $704 $200 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential 2 Out Building 3 Out Building Improvements Subtotal: $411,671 $53,230 Total Property Value $412,375 $53,430 Building Details Account#: R0312594 Parcel#: 146705000023 Owners Name &Address: Property Address: SCHRINER GENE L Street: 5466 3 CR 5466 WELD CO RD 3 City: WELD ERIE, CO 80516 Building# Property(_Type http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14670... 03/22/2005 Identify Results Page 2 of 3 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1995 Exterior: Frame Masonry Veneer HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 1860 # of Baths: 3 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 672 Detached SQ Ft: Basement: Total SQ Ft: 1844 Finished SQ Ft: 40 Account#: R0312594 Parcel#: 146705000023 Owners Name &Address: Property Address: SCHRINER GENE L Street: 5466 3 CR 5466 WELD CO RD 3 City: WELD ERIE, CO 80516 Building# Pm_eityiype 2 Out Building Individual Built As Detail Built As: Horse Arena Year Built: 1995 Exterior: Steel Frame Siding HVAC: None Interior Finish: Built As SQ Ft: 15000 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R0312594 Parcel#: 146705000023 Owners Name &Address: Property Address: SCHRINER GENE L Street: 5466 3 CR 5466 WELD CO RD 3 City: WELD ERIE, CO 80516 Building# Property Type 3 Out Building Individual Built As Detail Built As: Barn Year Built: 2000 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2400 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14670... 03/22/2005 Identify Results Page 3 of 3 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... 03/22/2005 T LL= N. 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N,.1 3 . = '.igo,,,:r5 :1 8 "Kr u i.,., Ln —. _ -- --- . ._ :',•. .:•z ....i,:c...:,i Sk...*: tK .,c).. /` o co : 1ti1 C' „, J 4 o LI U.k,ir;,,7... :.:1?c —•(• :".:.:;.:it:.•.. a is .•. .. . • n., s s �—�3' =sits.v .. • li • p (��1J C <Ye • ,t I,i eCii O i�l, Vl h iM+ ₹ yy • cetitioa , DEPARTMENT OF PLANNING SERVICES 1 Code Compliance Division 918 101h Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 • Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: @� ZONING CODE COMPLAINT $ Staff/Name:( Fy In } 0 Citizen 0 Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT CI PUBLIC WORKS/PEST&WEEDS Date Complaint was received: I Le it—CM Pending Case#(i.e.USR,RE,SE,ect..): c( \ ( l "`. Legal Description:.,` , ( G c ..17- i 4 w.( € `a1,e Parcel#: tct1,t j _(T' ( Violation Address: c tA Gtlt fb k ') Property Owners Name: c '�,�It E 1 i t l (` IL( X Phone: Property Owners Address: C.. ) t t t r `.'x 71 t Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: V I . . (f ( ( \c'1 Additional Notes: (fej DEPARTMENT OF PLANNING SERVICES I PHONE (970) 353-61O0, EXT.3540 FAX (970)304-6498 �• STREET GREELEY, COLORADO 80631 COLORADO February 17, 2005 Gene Schriner 5466 CR 3 Erie, CO 80516 Subject: COC-99-0105 - Permit for a Mobile Home used for a Temporary Accessory to the Farm. Dear Mr. Schriner: On January 13,2005,you were sent a letter regarding the above permit for a Accessory to the Farm. The letter stated that our office is requiring written notice of evidence within 30 days, that the need for the additional mobile home still exists. To date, our office has not received any new information. Evidence shall be submitted by the applicant or property owner by the first of each year for review and acceptance by the Department of Planning Services verifying that the mobile home occupant is principally employed at or engaged in the farming operation on the subject property. The evidence shall consist of tax records,employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. If the use of the mobile home has changed or been removed, please contact me at the above address or phone number. If our office does not hear from you within 10 days of receipt of this letter, your Zoning Permit will be turned over to our Zoning Compliance Officer and issued a violation. Thank you for your cooperation to this matter. If you should have any questions, please feel free to contact me. Sincerely, 7 Wendi Inloes Planning Coordinator pc: Bethany Salzman, Zoning Compliance DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-61O0, EXT.3540 WI ' FAX (970)304-6498 REET C• GREELEY, COLORADO 80631 O631 COLORADO January 13, 2005 Gene Schriner 5466 CR 3 Erie, CO 80516 Subject: COC-99-0105 -Zoning Permit for a Mobile Home used for a Temporary Accessory to the Farm. Dear Mr. Schriner: On November 29, 2004, you were sent a letter regarding the above permit for an Accessory to the Farm. The letter stated that our office is requiring written notice of evidence within 30 days, that the need for the additional mobile home still exists. To date, our office has not received any new information. Evidence shall be submitted by the applicant or property owner by the first of each year for review and acceptance by the Department of Planning Services verifying that the mobile home occupant is principally employed at or engaged in the farming operation on the subject property. The evidence shall consist of tax records,employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. If the use of the mobile home has changed or been removed, please contact me at the above address or phone number. If our office does not hear from you within 10 days of receipt of this letter, your Zoning Permit will be turned over to our Zoning Compliance Officer, as it will be in violation with the Weld County Code Section 23-4- 170. Thank you for your cooperation to this matter. If you should have any questions, please feel free to contact me. Sincerely / (0'610C Wendi Inloes Planning Coordinator pc: Bethany Salzman, Zoning Compliance DEPARTMENT OF PLANNING SERVICES Website: www.co.weld.co.us C 1 E-mail: winloes@co.weld.co.us 918 10th (970) 6 E .354 O Phone (970) 353-610O, EXT.3540 Fax (970) 304-6498 COLORADO November 29, 2004 Gene Schriner 5466 CR 3 Erie, CO 80516 Subject: COC-99-0105 - Annual Review of a Mobile Home used for a Temporary Accessory to the Farm use, located on a parcel of land described as part of the SW4 of Section 5, T1 N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Schriner: We are currently updating our Accessory to the Farm certificates. These permits are temporary. Such permits are subject to review annually on the anniversary of the original issuance. Our review of COC-COC-99-0105 issued to the above property needs to be updated. If the mobile home is currently located on the property,staff is requesting written evidence within 30 days of this letter, that the use still exists. Evidence shall be submitted by the applicant or property owner and accepted by the Department of Planning Services verifying that the mobile home occupant is principally employed at or engaged in the farming operation on the subject property. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the mobile home for temporary accessory farm use. If the use of the mobile home has changed or been removed, please contact our office at the above address, e-mail address, or telephone number. Also enclosed is a accessory to the farm certification to complete and return along with the requested information as stated above. We are requesting your cooperation in this matter by providing this office with the above mentioned information as soon as possible. Sincerely,{ IL Wendi lnloes Planning Coordinator y„ .V 1111111 111 1111111111 Ill l 11111111111111111111 I l I t I I I I 2869266 06/2112001 12:15P JA Suki Teukamoto c25 1 of 2 R 10.00 0 0.00 Weld County CO QUIT CLAIM DEED THIS DEED,made this /%-day of An,G_. ,2001,between GENE L. SCHRINER AND DOROTHY A. SCHRINER,grantor(s), and GENE L. SCHRINER whose legal address is 5466 WCR 3, Erie, Colorado of the County of Weld and State of Colorado, grantee(s), WITNESS,that the grantor(s), for and in consideration of the sum of Ten Dollars and Other Good and Valuable Considerations, the receipt and sufficiency of which is here by acknowledged, have remised, released, sold and QUITCLAIMED, and by these presents do remise, release, sell and QUITCLAIM unto the grantee(s),their heirs,successors and assigns forever,all the right,title,interest, claim and demand which the grantor(s)have in and to the real property,together with improvements, if any,situate, lying and being in the County of Boulder and State of Colorado, described as follows: SEE LEGAL DESCRIPTION ATTACHED NO DOCUMENTARY FEE REQUIRED-TRANSFER PURSUANT TO COURT ORDER IN ADAMS COUNTY DISTRICT COURT,CASE NO. 99-DR-531 also known by street and number as 5466 WCR 3,Erie, Colorado. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s)her heirs and assigns forever. IN WI NESS WHE OF,the grantor(s)have executed this deed on the date esset forth above. Gene L. Schriner Dorothy A. Schrift& STATE OF COLORADO ) n ) ss. COUNTY OF iv.4 r ' ) The foregoing instrument was acknowledged before me this /sl day of )-O t) 1 , 2001 by Gene L. Schriner And Dorothy A. Schriner. Witness by hand and official seal. My Commission expires: if 1.J 0 4 Public jj Q b.0 C • 2TACHMENT TOQUIT CLAIM DEED RE• SCHR.INER ,r aeginning at the Sou west corner of BRIO section 5; thence North 89 degrees 54 minutes 55 seconds East on an assumed bearing along the South line of said SW1/4 of Section 5 a distance of 2754 .97 feet to the South 1/4 corner of said Section 5; thence North 00 degrees 20 minutes 34 seconds East along the East line of said SW1/4 of Section 5 a distance of 1241.50 feet to the True Point of Beginning; thence south 89 degrees 54 minutes 55 seconds West parallel with said South line of the SW1/4 of Section 5 a distance of 2434.50 feet; thence North 01 degrees 17 minutes 00 seconds East parallel with and 300. 00 feet Easterly of the West line of the SW1/4 said Section 5 a distance of 357.78 feet to a point on the approximate centerline of the Lower Boulder Ditch; thence Westerly along said centerline of the Lower Boulder Ditch the following 3 courses: thence South 77 degrees 25 minutes 11 seconds West, 60.86 feet; thence North 78 degrees 44 minutes 24 seconds West, 97.65 feet; thence North 74 degrees 20 minutes 05 seconds West, 149.42 feet to said West line of the SW1/4 of Section 5; thence North 01 degrees 17 minutes 00 seconds East along said West line of the SW1/4 of Section 5 a distance of 891.07 feet to the W1/4 corner of said Section 5; thence North 88 degrees 21 minutes 04 seconds East along the North line of said SW1/4 of Section 5 a distance of 2714.88 feet to the center of said Section 5; thence South 00 degrees 20 minutes 34 seconds West along said East line of the SW1/4 of Section 5 a distance of 1369.24 feet to the Point of Beginning. • TOGETHER with a 30.0 foot wide non-exclusive access and utility easement covering that part of the SW1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, being more particularly described as follows: Beginning at the South 1/4 corner of said Section 5; thence South 89 degrees 54 minutes 55 seconds West on an assumed bearing along the south line of said SW1/4 of Section 5 a distance of 279.53 feet to the True Point of Beginning; thence North 37 degrees 00 minutes 00 seconds East a distance of 233.08 feet; thence North 48 degrees 00 minutes 00 seconds East a distance of 189.90 feet to a point on the East line of said SW1/4 of Section 5, said point being 312.81 feet North of said South 1/4 corner of Section 5; thence North 00 degrees 20 minutes 34 seconds East along the East line of the SW1/4 said Section 5 a distance of 928.69 feet; thence South 89 degrees 54 minutes 55 seconds West parallel with said South line of the SW1/4 of Section 5 a distance of 30.00 feet; thence South 00 degrees 20 minutes 34 seconds west parallel with said East line of the SW1/4 of said Section 5 a distance of. 915.22 feet; thence South 48 degrees 00 minutes 00 seconds West a distance of 179.54 feet; thence South 37 degrees 00 minutes 00 seconds West a distance of 258.65 feet to said South line of the SW1/4 of Section 5; thence North 89 degrees 54 minutes 55 seconds East along said South line of the SW1/4 of Section 5 a distance of 37.61 feet to the Point of Beginning. 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