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HomeMy WebLinkAbout20052687.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500203 AGAINST FIDEL JAVIER BENCOMO 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, Fidel Javier Bencomo,VI#0500203,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 13th day of September, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,Fidel Javier Bencomo 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Fidel Javier Bencomo to remedy the violation of the Weld County Code, and any other persons occupying the properties,any persons claiming an interest in the properties,and any persons acting in active concert with the identified parties. 2005-2687 PL0824 (nC , PL, IJ/oL/ Q 4 & -a7i-&C VIOLATIONS - VI #0500203 - FIDEL JAVIER BENCOMO PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 13th day of September, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SWilliam H. J ke, Chair r 8868 . �. n`�I• my Clerk to the Board W . J. ie, Pr -Te jreputy Clerk t& he Board Day. E. Lo A OV AST • Robnn ert✓ D. en u ty ey Glenn Vaad Date of signature: &D 2005-2687 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Fidel Javier Bencomo • Violation: VI-0500203 Address: 7992 CR 31, Fort Lupton, Colorado 80621 Legal: Tract 1, Aristocrat Ranchettes Inc., Weld County, Colorado Location: South of and adjacent to CR 18 and East of and adjacent to CR 31 North: Agriculture with residences South: Industrial plant/Agriculture East: Agriculture West: Agriculture with minimal residences Parcel Number: 1309-27-2-04-001 Acreage: 2.34 +/-Acres Certified mail date: August 9, 2005 Received: August 19, 2005 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40, 23-3-40.O and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance the commercial vehicles and storage shall be removed or if eligible, 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 June 1, 2005 Initial complaint received. June 13, 2005 Initial inspection completed. June 21, 2005 Complainant called regarding status of violation. June 22, 2005 Five day compliance encouragement letter issued. June 30, 2005 Violation letter issued. July 14, 2005 Complainant called regarding status of violation. July 22, 2005 Complainant called regarding status of violation. 2005-2687 Mr.Guerra and Ms.Vigil Page 2,VI.0500141 July 25, 2005 Complainant called regarding status of violation. August 8, 2005 Property inspected. Property remains in violation. August 9, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. August 22, 2005 Complainant called regarding status of violation. a DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US C E-mail Address: bsalzmanco.weld.co.us O PHONE: (970) 353-61 00, 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 August 9, 2005 MR. FIDEL JAVIER BENCOMO AND/OR CURRENT OCCUPANT 7992 CR 31 FORT LUPTON, CO 80621 Subject: VI-0500203, Tract 1, Aristocrat Ranchettes Inc., Weld County, Colorado Dear Mr. Bencomo and/or Current Occupant: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 13,2005, 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.O "Home Business." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: Upon a visual inspection of the property, several commercial vehicles were noted. To see what options might be available to you, I suggest you speak to one of our "On-Call" Planners. To better serve the public,we have 2 locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an"On-Call"Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office,an"On-Call"Planner is available Monday thru Thursday from 12:30 p.m.—4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. Mr.Bencomo and/or Current Occupant Page 2,VI-0500203 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, Bethany Salzma ‘ Zoning Compliance Officer co N '.110 r • • • rn -n � Ay Z ‘-.0 Lc � • $ >' -U o pc: VI-0500203 m y N 7 m o o g o 3 3 m Department of Planning Services w z a n y y a 3.^o "m Bruce Barker, County Attorney co S y o r o w 9 In zinc, '»�' g3 3 U.S. Postal ServiceTM CD hi s y s m "So N CERTIFIED MAIL,. RECEIPT z 0 9z n E. m o^ o (Domestic Mail Only;No Insurance Coverage Provided) No H . o m a<a co to 9,-2, vt F r tlelivery inf rmation visit ur we•stte at www.usps.c•m® z $m Ya p N) n W a= 2D rNn ..A i-- p St `b ul Postage $ ,.-.. = O 3 c d0 El m 8 t • < ' v p Certified Fee N t7 m C Postmark p ` m C em Receipt Fee Here r� O (Endorsement Required) II -C .� u Restricted nt Fee - 2 (Endorsement Required) ry cc 3 a u o' po X n F n 2 -3 n 9 ❑ ❑ a g) f, 'N 1 ED ru Total Postage 8 Fees $ ct Sent To p m m c y D MR. FIDEL BENCOMO AND/OR CORAE.NT__OCCAPA C ail 8 v m et o . m Street,Apt.No.; o R ro m m - as " `r or PO Box No. 7992 CR 31 W — m -. tc t.State,ZIP+O J m �p U m FORT LUPTON CO 80621 -" J PS Form 3800,June 2002 See Reverse for Instructions: C . P. I" n �. z -➢ O E. Oc IR � "� W i' 3 H z CI g ; m s ` C m ru IT @. A 3tri a . a oCt g [ -/No z O O : II (7") Weld County Department of Planning Services WIiDcInspection Report COLORADO 91810`° St Q� Greeley,CO 80631 SDate of Inspection: '.D O' Permit/Case No.: \+ y ClCCUCP Property Owner Name: - wrNnO1-LJ► Address: -lck`1 a CL . \ Upon a (visual)(a -eite)inspection of the property listed above, the following items were noted: 2,\c,cyoi am14-AeLo.c.v . Damp -1/4itiuM . Inspection by: 1 Contact Name Contact Phone Number:970-353-6100, Ext. 3555 I Copy of this inspection was: Pictures taken during inspection: ❑ Yes X_No tal2 rI�(7t, all 1 4r;(--r-CWN°7-'-'2O-- LI s to a N 'CANNING SERVICES _ Compliance Division `�� `�� U- c — NORTH OFFICE N 918 10TH Street WIN ao irc m in - GREELEY, CO 80631 <9 o�imn oo a¢ cum TWW.CO.WELD.CO.US Ow oaw • ...••• an aso .. lzmanco.weld.co.us s COLOR 4rt. W O111 - 0) 353-6100, Ext. 3555 irr :r.� m'n ou•m FAX: (970) 304-6498 �r:� :�Y 'Y: oo zoo -: h nl l- F I-I- _ 3 mz U. SOUTHWEST OFFICE Nit jsa 4209 CR 24.5 SSI11O id 0D 03J 1-- nd- _ DNGMONT, CO 80504 0aLH add W W ZW a »a _ 0) 652-4210, Ext. 8730 • of FAX: (720) 652-4211 • Z iii N o June 22, 2005 E ` w w o cc oMr. Fidel Javier Bt m m ' 711E Gordon St 0° co c i>, Holyoke, CO 807 `m_ c m ''f? AD U ' I O (P Current Occupant m o 7992 CR 31 "° O. Fort Lupton, CO r iwo . f Mn2 Subject: VI-05. at' Dear Mr. Bencom (13A13J3V O7 It has come to the w 500Z ^j, ;> on your property may not be in compliar 9 r �n� co >liance with the Weld County ounes Code ssea m }U8 ►2d20 8fU tie 73389 nits. For questions, I 9g you P Id lull' ave 2 locations open. Our North office IF C c } °0 plats i"On-Call"Planner is available, Mondal c i ; located at 4209 CR 24.5, Longmont,C m londay thru Thursday from 12:30 p.m.- o a ividuals are seen on a sign in basis. NE c 5 o better serve you, please bring this E 6 m Please contact mt. a ti i40 kerns with me. Feel free to contact m i • 3 A you wish to see me personally,please c. . a Cam< iount of time with you. mallMo Sincerely, , IliallO Bethany Salzman ~ Zoning Compliance Officer pc: VI-0500203 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY a DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 II D I Website: WWW.CO.WELD.CO.US E-mail Address: bsalzmanta�co.weld.co.us Q PHONE: (970) 353-6100, Ext. 3555 • FAX: (97O) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (72O) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE June 30, 2005 Mr. Fidel Javier Bencomo 711 E Gordon St Holyoke, CO 80734-1814 Current Occupant 7992 CR 31 Fort Lupton, CO 80621 Subject: VI-0500203, Tract 1, Aristocrat Ranchettes Inc., Weld County, Colorado Dear Mr. Bencomo: 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.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: Upon a visual inspection of the property, several commercial vehicles were noted. To see what options might be available to you, I suggest you speak to one of our"On-Call"Planners. To better serve the public,we have 2 locations open. Our North office is located at 918 10`n Street, Greeley, Colorado. At our North office,an"On-Call"Planner is available, Mondaythru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an"On-Call"Planner is available Mondaythru Thursday from 12:30 p.m. — 4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. Mr.Bencomo Page 2,VI.0500203 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 June 29, 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, Bethany Salzman Zoning Compliance Officer pc: VI-0500203 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US pe. E-mail Address: bsalzman(Tco.weld.co.us PHONE: (970) 353-6100, Ext. 3555 COLORADO FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 June 22, 2005 Mr. Fidel Javier Bencomo 711 E Gordon St • Holyoke, CO 80734-1814 Current Occupant 7992CR31 Fort Lupton, CO 80621 Subject: VI-0500203, Tract 1, Aristocrat Ranchettes Inc., Weld County, Colorado Dear Mr. Bencomo: 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 multiple commercial vehicles without appropriate permits. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have 2 locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an"On-Call"Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5,Longmont, Colorado. At our Southwest office,an"On-Call"Planner is available Monday thru Thursday from 12:30 p.m.-4:30 p.m. You do not need to schedule an appointment,because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. 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, Bethany Salzman (J Zoning Compliance Officer pc: Vl-0500203 Department of Planning Services SERVICE,TEAMWORK.INTEGRITY,QUALITY t�1 Weld County Department of Planning Services Wine. Inspection Report COLORAD 918 10"`St Greeley, CO 80631 Date of Inspection: U? \. "1---C Permit/Case No.: 1. - Property Owner Name: 12-en 11 NA, -T(1 P Address: C,(Z 1 Upon a (visual)(on-site)inspection of the property listed above, the following items were noted: Vur`e O r> veer, Inspection by:__Contact Name:-W,N),A----4yor Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: Pictures taken during inspection: XYes O No Identify Results Page 1 of 2 Z� WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5213886 Parcel#: 130927204001 Tax Area: 2241 Bordering County: Acres: 2.34 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 02 - 66 -27 - 2 ARISTOCRAT RANCHETTES INC - - Owners Name &Address; Property Address: BENCOMO FIDEL JAVIER Street: 7992 31 CR 711 E GORDON ST City: WELD HOLYOKE,CO 80734-1814 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 10/31/2002 $201,000 WD 3001625 Legal Description AR-1 TR 1 ARISTOCRAT RANCHETTES INC%7992 WELD CO RD 31%SITUS: 7992 31 CR WELD 80621 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 2.34 Land Subtotal: 2.34 $117,000 $9,310 Buildings Valuation Summary! Bldg# Property Type Actual Value Assessed Value 1 Residential 2 Out Building Improvements Subtotal: $133,730 $10,640 Total Property Value $250,730 $19,950 Building Details Account#: R5213886 Parcel#: 130927204001 Owners Name&Address: l 'omM Address: BENCOMO FIDEL JAVIER Street: 7992 31 CR 711 E GORDON ST City:WELD HOLYOKE, CO 80734-1814 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1930 Exterior: Frame Hardboard HVAC: Central Air to Air http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 06/01/2005 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1292 # of Baths: 1 Roof Type: Gable # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: 420 Basement: Total SQ Ft: Finished SQ Ft Account#: R5213886 Parcel#: 130927204001 Owners Name&Address: Property Address: BENCOMO FIDEL JAVIER Street: 7992 31 CR 711 E GORDON ST City: WELD HOLYOKE, CO 80734-1814 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1979 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 884 # 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: http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 06/01/2005 w.Parcel Table Maintenanre P Caa"� -,_..n.717.. . e. ds.. � .: Parcel No 1309 27 2 04 0O1 Alt Key 660227 Y r ;'Prioiaia AOiHett ' ; . General It�t�aCaw�` � � :. No.. , .-Da 1 Street Name GdyId WEL Si#tdNr xe 7992 U CR 31 - �Frad F� Select An Address J tstI .. Y. . . ,.,„_, 0.00 ActAs:� 234' _e- Sus 9'jAGRI 7992 31 CR WEl D I Census Ttac 1902 den 8loclef Pr -nail 1 ti - X Conut� V Coord� Lea&I Descirotron Ntame IBENCOMO FIDEL JAVIER .: AR-1 TR 1 ARISTOCRAT RANCHETTES INC X7992 Address 1.17992 COUNTY RD 31 WELD CO RD 31%SITUS. 7992 31 CR WELD 8O621 Address21F0RT LUPTON CO Address a:I Address 4 i 1, ,...4.*sat Use Code , PlJ TRAJ2241z. Not I Status-1ACTIVE �_ Govt Owned • �i Typc:YT0 Yens:101 Yiayl Unn.3Qc##994.7. T ... :......s, "., n.:. i 'r4 a, ,,•.. -3 w .M v , ,fir ? Permit N: ,VI-0500203 ••,.•. —-Addresz)7992 CFI 31 WEL Status:•}COMPI.NT APPLICANT:(BENC0M0 FIDEL JAVIER a • xDew Saeet1eupta fluff. y -VEIN Ansr .Loc .Relate p t ..... !.,:Z:,1.'•;:--76!......,.::•,.::: Rage tn,,,,m0lt.lb .�" a s. T `�4 . t .: '_ 'C -iill_,-, s,• : .,. a. - f.� ,IlpdiSe � � §x Parcel Nom f ( = t Ic Owner �BENCOMO F QEL VICH : ' � * ; 4: Status" ICOMPLNT I� ' Written9yIBJS SeciTdrnlR 270266 ' -gi : Descriptiorc jconxnercial vehicles&equpcnent w/out a USfl a ` ' , ' Locatierr (7992 CFI 31 Ar'Sop-at Rarrchettes '• � ` : .gi, Zorr• -m lAGRI InspedbonArea V2 ,♦7emnkNum; i � � :41 APp tips ,VI ,v.� (BLV BLOND VI0'U'I ONING Vt0 4VLV, +JELD VIO`,bev :Y4( 5 sz 2 , Class Code. JVI.6 .. IB.UBINESS_ 3 Complaad:.j0 6/01/200 IrNt;.JBJ S NO VI: ,_/ ! Inn 5 Day Latter; 1_/_ :. :. Init: Inspection:':f_../r/_ BCC Vro- )_r /_ Ind 1. Court (_/_/_ itiit'l . Closed BC'/: J_i i_ snit. _ ClosedVI I_/_!_ nit i rsDEPARTMENT OF PLANNING SERVICES C I Code Compliance Division 918 10th Street Greeley, CO 80631 O Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: g. ZONING CODE COMPLAINT 0 Staff/Name: X Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known)_ ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST& WEEDS Date Complaint was received: LP-I-De Pending Case#(i.e.USR,RE, SE,ect...): n —, Legal Description:1 cc'�ry—Mg* t �1"�nYt�2'DLl`cA* �Y7l X Van , Parcel #: I j'ai- &-�-(o\ Violation Address: —�cyt�yt^l,X_ _\ Property Owners Name: ±l i—CrnbI T1dQ� `\_ Phone: , Property Owners Address: f �\ G C-icxde�n , \Cl�\ybY t, o ) OO 1�`1-\-1%1,"1 Tenant's Name: Phone: Tenant's Address:NATURE OF COMPLAINT: G C.i !z a \,al of- esisturativk rot . Additional Notes: 11111111H Oil MI11825 111 IIII II 11 MI 111 11111 III I IIII bi 1 01 1 R 5.00 0 20.10 J.A."Sire("Toaukamoto WARRANTY DEED THIS DEED. Made this 31st day of October , 2002, between John Connell III Fee of the County of Weld and State of Colorado • Li 201311 grantor,and Fidel Javier Bencomo whose legal address is 7992 Weld County Road 31, Fort Lupton, CO 80621 of the County of weld and State of Colorado ,grantee: W ITNESSETH,That the grantor,for and in consideration of the sum of TWO HUNDRED ONE THOUSAND AND NO/100 DOLLARS,($201,000.00 ), 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 grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld ,and State of Colorado, described as follows: Tract 1, in Aristocrat Ranchettes Inc. Subdivision, County of Weld, State of Colorado also known by street and lumber as 7992 Weld County Road 31, Fort Lupton, CO 80621 TOGETHER with all and singular the hereditanlents 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 grantee,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantee,his 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 tight.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 dear from all former and other grants,bargains,sales.liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature saver,except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section Ba[Title Review],of the contract dated September 17, 2002 ,between the parties. The grantor shall and will WARRANT AND FOREVERDEPEND the above.bargainedpremises in the quiet and peaceable posses- sion of the grantee,his 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 SS HER F,the grantor executed this deed on the date set forth above. onnel1 III STATE OP Colorado )as. COUNTY OF Adams The foregoing insonxrcnt was acknowledged before me this 31st day of October , 2002 by John Connell III My Commission expires: June 22, 2005 essmy7�do ficial 1. /I / Notary Public Brenda L. 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