HomeMy WebLinkAbout20050763.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0400335
AGAINST RHONDA BURRY 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, Rhonda Burry,VI#0400335, 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 8th day of March, 2005, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Rhonda Burry 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 refer said violation back to the Department of
Planning Services due to a Zoning Permit for a mobile home application submitted by the property
owners.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI#0400335 against Rhonda Burry be, and hereby is, referred back to the
Department of Planning Services.
2005-0763
PL0824
03 d/-6S—'
VIOLATIONS - VI #0400335 - RHONDA BURRY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the fo)lowift 00 on the 8th day of March, A.D., 2005.
♦. . EL ♦ BOARD OF COUNTY COMMISSIONERS
ldWELD COUNTY, COLORADO
William H. rke, Chair
Clerk to the Board
® M.J. ile, Pro-Tem
Deputy Cler to the Board A v-.'',, �.
David E. Long
AP V AST EXCUSED
Robert D. Masden
my A or ey EXCUSED
Glenn Vaad
Date of signature: 3//WO-5
2005-0763
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: Rhonda Burry
Violation: VI-0400335
Situs Address: 7777 CR 96, Wellington, CO 80549
Mailing Address: PO Box 279, Wellington, CO 80549
Legal: Part of the S2NE4 of Section 5, T8N, R67W of the 6th P.M., Weld County,
Colorado
Location: South of and adjacent to CR 98 and approximately a '''A mile East of CR 15
North: Agriculture
South: Agriculture
East: Agriculture and approximately 5 1/2 miles West of Nunn
West: Agriculture and approximately 1 'A miles East of Weld County Border
Parcel Number: 0555-05-0-00-008 Acreage: 69.75 +/-Acres
Certified mail date: February 9, 2005 Received: February 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 Chapter 23, Article IV(4), Division 3 of Sections 23-4-130, 23-4-140, 23-3-170 and 23-4-
170.D
REMEDY
To bring the property into compliance the mobile home shall be removed or permitted.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
CASE HISTORY
November 4, 2004 Initial complaint received.
December 27, 2004 Five day compliance encouragement letter issued.
December 30, 2004 Violation letter issued.
January 26, 2005 Rhonda Burry came into our office and met with Sheri Lockman and Bethany
Salzman
February 9, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2005-0763
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
' E-mail Address: bsalzman@co.weld.co.us
918 10th Street, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3555
Q Fax (970) 304-6498
COLORADO
February 9, 2005
Ms. Rhonda Burry
PO Box 279
Wellington, CO 80549
Subject: VI-0400335, Part of the S2NE4 of Section 5, T8N, R67W of the 6'h P.M., Weld County,
Colorado
Dear Ms. Burry:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on March 8, 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."
Chapter 23, Article lV(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."
Section 23-4-170.D "All mobile homes as accessory farm uses are temporary.
To bring the property into compliance:
It is my understanding that in the future you might choose to go through the Recorded
Exemption process; however,currently you are completing and will soon submit a Zoning
Permit for"Temporary Storage of a Mobile Home". As we have previously discussed, I
would recommend that you speak to one of our"On-Call"Planners to discuss all of your
options and possible avenues to bring your property into compliance. We have to
locations open to the public. Our main office is located at 918 101h Street, Greeley,
Colorado. Where,we have an"on-call"planner, Monday or Wednesday from 8:00 a.m.-
4:00 p.m.or Friday from 12:00-4:00 p.m. Our other office(the Southwest Weld Office)
is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is
available Tuesday or Thursday from 8:00 a.m.-4:00 p.m., excluding 12:30-1:30. You
do not need to call to schedule an appointment, because individuals are seen on a sign
in basis. To better serve you, please bring this letter with you.
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.
Ms.Burry
Page 2,VI-0400335
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 Sal an
Zoning Compliance Officer
pc: VI-0400335
Wendi Inloes, Planning Coordinator � m 0
Department of Planning Services II A E
Bruce Barker, County Attorney a -:(a4. N4 in
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DEPARTMENT OF PLANNING SERVICES
♦♦♦ Code Compliance Division
Website: WWW.CO.WELD.CO.US
C E-mail Address: bsalz aeeley, eld.co.us
O 918 10th Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3555
• Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
December 30, 2004
Ms. Rhonda Burry
PO Box 279
Wellington, CO 80549
Subject: VI-0400335, Part of the S2NE4 of Section 5, T8N, R67W of the 6'" P.M., Weld
County, Colorado
Dear Ms. Burry:
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."
Section 23-4-170.D "All mobile homes as accessory farm uses are temporary.
To bring your property into compliance with the Weld County Code:
While splitting your property through the Recorded Exemption process,it is my understanding
that you intend to complete and submit a Zoning Permit for"Temporary Storage of a Mobile
Home". Please see the enclosed Zoning Permit for a Mobile Home application. As we
discussed, I would recommend that you speak to one of our"On-Call"Planners to discuss all
of your options and possible avenues to bring your property into compliance. We have to
locations open to the public. Our main office is located at 918 10th Street,Greeley,Colorado.
Where, we have an "on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or
Friday from 12:00 -4:00 p.m. Our other office (the Southwest Weld Office) is located at
4209 CR 24.5, Longmont, Colorado. At our Southwest office,a planner is available Tuesday
or Thursday from 8:00 a.m. -4:00 p.m., excluding 12:30-1:30. You do not need to call to
schedule an appointment, because individuals are seen on a sign in basis. To better serve
you, please bring this letter with you.
Ms.Burry
Page 2,VI.0400335
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
December 30, 2004, to correct this zoning violation. Failure to do so will result in this office scheduling the
violation before the Board of County Commissioners to consider whether to refer the violation to the County
Attorney's Office for legal action.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above
address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an
appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
&YSalzma�
Zoning Compliance Officer
pc: .4144110335
ZPMH-2268
Wendi Inloes, Planning Technician
Department of Planning Services
Bruce Barker, County Attorney
0
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
C
918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555
O Fax: (970) 304-6498
•
COLORADO
December 27, 2004
Ms. Rhonda Burry
PO Box 279
Wellington, CO 80549
Subject: VI-0400335, Part of the S2NE4 of Section 5,T8N, R67W of the 6th P.M.,Weld County, Colorado
Dear Ms. Burry:
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. My records indicate that our office has made several
attempts to contact you regarding your outstanding Zoning Permit for a Mobile Home (ZPMH-2268).
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,
?Daffttktko
Bethany Salzman
Zoning Compliance Officer
pc: VI-0400335
ZPMH-2268 •
Wendi Inloes, Planning Technician
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R8738300 Parcel#:055505000008
Tax Area:0915 Bordering County:
Acres: 69.75
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
08 -67 -05 - 0 - -
Owners Name&Address: Property Address:
BURRY RHONDA J Street: 7777 96 CR
P 0 BOX 279 City: WELD
WELLINGTON, CO 80549
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
5/14/2003 $0 DTHC 3067140
Legal Description
S2NE4 5-8-67 7777 96 CR WELD 0
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4147 Acres 12
Agricultural 4147 Acres 42.75
Agricultural 4147 Acres 15
Land Subtotal: 69.75 $759 $220
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
2 Out Building
Improvements Subtotal: $184,531 $21,460
Total Property Value $185,290 $21,680
Building Details
Account#:R8738300 Parcel#: 055505000008
Owners Name&Address: Property Address:
BURRY RHONDA J Street:7777 96 CR
P 0 BOX 279 City: WELD
WELLINGTON, CO 80549
Building# Property Type
1 Residential
Individual Built As Detail
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=05550... 11/15/2004
Identify Results Page 2 of 2
Built As: Modular Year Built: 2003
Exterior: Frame Siding HVAC: Central Air to Air
Interior Finish: Drywall Built As SQ Ft: 2680
#of Baths: 2 Roof Type: Gable
#of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R8738300 Parcel#: 055505000008
Owners Name&Address: Property Address:
BURRY RHONDA J Street: 7777 96 CR
P O BOX 279 City:WELD
WELLINGTON, CO 80549
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Equipment Year Built: 2002
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:
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=05550... 11/15/2004
Identify Results Page 1 of 1
Mobile Home Valuation
Account#: M1071498 Parcel#: 055505000008
Owners Name&Address: Property Address:
BURRY MICHAEL J &RHONDA J Street: 7777 96 CR
PO BOX 279 City:WELD
WELLINGTON, CO 80549
Business/Complex:
Legal Description
S2NE4 5 8 67 IMPS ONLY MH MBL HOME,TITLE NO: 03P050033 SERIAL: 11254624 YEAR: 1997 MAKE: N M SIZE: 16X80 7777
96 CR WELD
Land Value $0 Land Assessed Value $0
Impr. Value $35,328 Impr, Assessed Value $2,810
Total Value $35,328 Total Assessed Value $2,810
Total Taxes: $189.08 Amount Due: $0.00
Tax Area: Bordering County:
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
08 -67 - 05 - 0 - -
Acres:
Sq. Ft.:
Sale Price Sale Date Deed Type Reception #
$29,500 5/19/1997 MHTL 03M678038
http://maps.merrick.com/Website/Weld/setSql.asp?cmd=ACCDET&acct=055505000008... 11/15/2004
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C 1555 N. 17th Avenue, Greeley, CO 80631
r-L75al5 Phone: (970) 353-6100,Ext. 3540
COLORADO• �V Fax: (970) 304-6498
'
ZONING and/or BUILDING CODE COMPLAINT FORMS
War
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Initiated by:
X ZONING CODE COMPLAINT �(Staff/Name:War 0 Citizen 0 Other:
o HEALTH DEPARTMENT Citizen's Name(If Imown):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
• BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received:
Pending Case#(i.e. USR,RE, SE, ecct....)):
Legal Description: `E 2 )&-\ ( (kv S�( ` O��(}� Parcel#:CtrifI•[l5•U (Di (7�
Violation Address: -n-n
Property Owners Name: Pear`( ( it -- �mc Phone:
Property Owners Address: PC) ?r j'. a-ick ) vatili Lo V -1_1(1
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT:
Complaint Referred To: Date:
Complaint Referred To: Date:
Additional Notes: GC .-15 WI)
a
DEPARTMENT OF PLANNING SERVICES
I PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
C WEBSITE w918 0thSTRE98
918 10`" STREET
GREELEY, COLORADO 80631
COLORADO
November 15, 2004
Rhonda Burry
7777 CR 96
PO Box 279
Wellington, CO 80549
RE: ZPMH-2268 - Temporary Use of a Mobile Home.
Dear Rhonda:
This letter is to check the status of the mobile home that was used for temporary use during construction.
Planning staff had extended the time to the end of September. If the mobile home has been removed,please
contact me. If it has not been removed, and you need more time, you will need to apply for a temporary
storage permit, which would allow you an additional six months.
Should you have any further questions, please contact me at the above address or telephone number.
Sincerely,
vti C`
Wendi Inloes
Planning Coordinator
riet
DEPARTMENT OF PLANNING SERVICES
D' PHONE (970)353-6100, EXT.3540
WI D FAX (970) 304-6498
O WEBSITE: www.co.weld.co.us
918 10th STREET
GREELEY, COLORADO 80631
COLORADO
September 30, 2004
Rhonda Burry
PO Box 777
Wellington, CO 80549
RE: ZPMH-2268
Dear Rhonda:
This letter is to check the status of the mobile home that was being used for temporary construction. Staff
had given additional time for removal, and should you need additional time, you can apply for a temporary
storage permit. Please contact me within 10 working days as to how you wish to proceed.
Should you have any further questions, please contact me at the above address or telephone number.
Sincerely,
Wendi Inloes
Planning Administrative Assistant
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
C WEBS o.us
155 N. 17T AVENUE
O 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO •
April 16, 2004
Rhonda Burry
PO Box 777
Wellington, CO 80549
RE: ZPMH-2268
Dear Rhonda:
The Department of Planning Staff met on Friday, April 16th, to discuss your request for an extension to the
end of September for removal of your mobile home. Staff did concur to extend the permit until this time,
however, should you need more time after September, an application for storage for six months, along with
the fee would need to be applied for.
Should you have any further questions, please contact me at the above address or telephone number.
Sincerely,, 6
ithet C +
Wendi Inloe
Planning Technician II
Weld County Planning Department
GREELEY OFFICE
APR 0 7 2004
POB 777urry 7 WCR 96 RECEIVE®
Wellington, CO 80549
ATTN: Wendi Inloes
Department of Planning Services
1555 N 17th Avenue
Greeley, CO 80631
RE: ZPMH-2268 —Zoning Permit for a Mobile Home used as a Temporary Use
During the Construction of a Residence.
Dear Wendi:
I am in receipt of your letter dated March 15, 2004 regarding the mobile home on
my property. As you may know, my husband was killed on May 14, 2003 in an
automobile motorcycle accident. I had a modular erected on the property during
the fall/winter of 2003 and am in the process of moving into it. I am doing the
moving by myself and it has proven to be a very emotional and time-consuming
process. I apologize for the time it has taken and understand that there is no
longer a permit for this mobile home on the property. Please note that no one is
living in the mobile home and it is pretty much just a storage unit at this time. I
am slowly making progress and would hope to have the unit empty, sold and
moved by the end of this summer (i.e. late September). I wish to make my
request at this time for an extension through September to have the mobile home
moved.
Please let me know what needs to be done to accomplish this request.
I appreciate your time and assistance in this matter.
Since
o aJ/ urry
70-897-3042 (H)
970-215-0556 (M)
970-472-8165 (0)
rtcri;
Wilge
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
E-MAIL:winloes@.co.weld.co.us
PHONE (970) 353-6100, EXT.3540
COLORADO FAX (970)304-6498
March 15, 2004
Michael and Rhonda Burry
7777 CR 96
Wellington, CO 80549
RE: ZPMH-2268 -Zoning Permit for a Mobile Home used as a Temporary use During the Construction of a
Residence.
Dear Applicants:
According to our records, permit PRN-033081for your residence has been finaled, and the mobile home
should have been removed from the site. At this time we are requesting a letter stating the status of the
mobile home within 14 days of receipt of this letter.Should the mobile home still remain on the property,other
arrangements need to be made to permit it.
If you should have any questions, please contact me at the above address or telephone number. Thank you
for your cooperation to this matter.
Sincerely,
tLude. k:-:±_c:- ':/('.O
Wendi Inloes
Planning Technician II
d
rs t
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH AVENUE
ip GREELEY, COLORADO 80631
IWEBSITE: www.co.weld.co.us
WI C. PHONE (970) 353-6100, 40
FAX (970)304-6498
COLORADO
March 8, 2002
Michael and Rhonda Burry
7777 WCR 96
Wellington, CO 80549
RE: ZPMH-2268 - A Zoning Permit for a Mobile Home used for Temporary Use During the Construction of a
Residence.
Dear Mr. and Mrs. Burry:
On June 29, 2001, you were approved for a mobile home to be used for temporary use during the construction of a
residence. This permit is good for up to 18 months and to date we have no records that indicate you have applied for
the permanent residence. This is a violation of the zoning permit. If you are not going to pursue a permanent
residence, we will need to change the use of the mobile home to a Principle Dwelling.
If you could please contact me at the above address or telephone number as to what you wish to pursue within 14 days
of receipt of this letter I would appreciate it. Failure to do so could result in a violation. Thank you for your cooperation
to this matter.
Sincerely,
(to4 ca
1;�-
Wendi Inloes
Planning Technician II
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IC MOBILE ADMINIS RATIV NING PERMIT
E REVIEW
COLORADO
Applicant: Michael and Rhonda Burry Case Number: ZPMH-2268
This is a Request for a : Zoning Permit for a Mobile Home for Temporary Use During the Construction
of a Residence beyond 18 months.
Legal Description of Parcel: The S2 NE4 of Section 5, T8N, R67W of the 6th P.M., Weld County, CO.
Parcel Identification Number: 0555 05 000008
Water Source: Well Sewer Source: Septic
The Department of Planning Services'staff has reviewed this request and approves this request for the
following reasons:
WILL WILL NOT
x Be compatible with the Weld County Comprehensive Plan.
x Be compatible with the surrounding area.
x Be in harmony with the character of the neighborhood.
x Adversely affect the immediate area.
x Be adequately served by water and sewage disposal facilities.
x Adversely affect the general health, safety and welfare of the
inhabitants of the area and the County.
The applicant has submitted a petition in favor of the request. The petition contains the signatures of 71%
of the surrounding property owners within 500 feet of the property where the mobile home is proposed to
be located.
The Department of Planning Services'staff recommendation for approval is conditional upon the following:
1. The applicant shall apply for a building permit for the mobile home prior to locating the mobile
home on the property.
2. Prior to the occupancy of the mobile home, the mobile home shall be connected to an
approved sewage system and a legal water supply.
3. The mobile home shall not be occupied until such time that the applicant has complied with
Conditions 1 and 2 stated above.
4. The applicant shall address the requirements of Weld County School District RE-9 as stated
in the referral response received May 18,2001. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services, prior to receiving a certificate of
occupancy for the permanent residence.
5. Construction of the permanent dwelling unit shall commence within ninety (90) days of
issuance of the temporary permit for the mobile home and shall be diligently pursued.
6. Mobile homes permitted as a temporary use during construction of a permanent dwelling
shall be removed within thirty(30)days after the permanent dwelling has been occupied. A
Temporary Occupancy will be issued during this 30 days.
7. The temporary permit for occupancy of the mobile home shall be issued for a period of
eighteen (18)months. The permit may be renewed by the Department of Planning Services
for additional six-month periods upon a determination by staff that construction of the
permanent dwelling unit is being pursued with diligence.
8. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the definition
of setback in the Weld County Code,the required setback is measured from the future right-
of-way line.
9. Any future structures or uses on site must obtain the appropriate zoning and building permits.
10. WCR 96 is designated on the Transportation Plan Map as a local gravel road,which requires
a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road
is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County
Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the
future right-of-way line.
11. The applicant shall utilize the private lane access to this parcel, and no additional accesses
shall be granted from the county road or section line.
12. Pursuant to Chapter 15,Articles I and II of the Weld County Code, if noxious weeds exist on
the property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds.
13. The applicant shall maintain compliance with Section 23-4- of the Weld County Code at all
times. /�p�
".- . Date: June 29, 2001
Wendi Inloes 4. Planning Technician II
I M111 11111 1111M I I 111111111111111111 I I 11111111101
2760149 04/06/2000 12:20P JA Suki Tsukamoto
1 0l 2 R 10.00 D 7.95 Weld County CD
(— 5 WARRANTY DEED
THIS DEED, Made on 03/31/00
between Anderson Wheat Farms, Inc., a Colorado Corporation
of the County of Larimer and
State of Colorado grantor, and
Michael J. Burry and Rhonda J. Burry
I' °-(16whose legal address is1�� fffingham Street
Fort Collins, CO 80526
of the County of Larimer and State of Colorado , grantees:
WITNESS, That the grantor, for and in consideration of the sum of
Seventy nine thousand five hundred dollars and no cents
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 assigns forever, not in tenancy in common but in joint tenancy,
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: The S 1/2 NE 1/4 of Section 5, Township 8 North, Range 67 West of the 6th
P.M., or County of Weld, State of Colorado.
as known by street and numbers: vacant Land
Nunn, CO
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 the presents, he is well seized of the premises above conveyed, had 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 for general taxes and assessments for
the year 2000 and subsequent years; and subject to easements, covenants,
reservations, restrictions and rights of way of record
See Exhibit "A" attached hereto and made a part hereof:
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 of 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 i8 WHEREOF, the r�for has executedthis deed on the date set forth above.
/
Anderson Wheat Farms, Inc., a Colorado Corporation by Paul J. Kenny
Tat .4..c.u.o.-. („�Hoo.f' F.,.,...o ,!»..c- as Attorney-in-Fact
ri :p ser .
STATE OFColorado !IA' serf •,9
County of Larimer 5713.., ;leg;
The foregoing instrument was acknowl',.r 19d be4dfe,d,ee his 31st day of March
2000 by Paul J. Kenny, as Atto • . SsirEad Anderson Wheat Farms, Inc., a
Colorado Corporation �'..40o
Witness my hand and of i seal.
M c 's ' p res1'//�..�('
1 Note r lie D
$0 9319A Arv95.10- Narramty O.edCTo Joint TenMCsl VVVVVV
NOPTE AMERICAN TITLE COMPANY
"EXHIBIT A"
Any water rights or claims or title to water in, on or under the
land.
Reservation(s) as contained in Patent recorded February 2, 1903, in
Book 201 at Page 401. Said reservation(s) being as follows: "All
'Mineral Lands' should be found to exist in the tracts described in the
foregoing, but this exclusion and exception according to the terms of
the stature shall not be construed to include coal and iron land."
Reserving to said Union Pacific Railroad Company, its successors and assigns, (1)
all oil, coal and other minerals, within or underlying said lends; (2) the
exclusive right to prospect in and upon said land, for oil, coal and other minerals
therein or which may be supposed to be therein and to mine for and remove from said
land, all oil, coal, and other minerals therein or which may be supposed to be
therein and to mine for and remove from said land, all oil, coal, and other minerals
which may be found thereon by anyone; (3) the right of ingress and regress upon
said land to prospect for mine and remove any and all such oil, coal and other
minerals, and the right to use so much of said land as may be convenient or
necessary for the right of way to and from such prospect places or mines, and for
the convenient and proper operation of such prospect places, mines, and for roads,
and approaches thereto or for removal therefrom of oil and coal, mineral, machinery
or other material; (4) the right of said Union Pacific Railroad Company to
maintain and operate its railroad in its present form of construction, and to make
any change in the form of construction, or method of operation of said railroad all
as reserved in Deed recorded in Book 233 at Page 55.
Reservations of all oil, gas, and other minerals in deeds recorded June 3, 1982 at
Reception Nos. 1893534, 1893537, and 1893540.
Easement granted to the United Staes Department of the Interior for an Electric
Transmission Line by instruments recorded November 26, 1975 at Reception No.
1675603, January 29, 1976 at Reception No. 1680085 and April 26, 1976 at Reception
No. 1686752.
Easement granted to Platte River Power Authority by instruments recorded July 21,
1980 at Reception No. 1830636 and July 24, 1984 at Reception NO. 1864378.
Any existing leases or tenancies.
ANDERSON WHEAT/BURRY
FILE #109695
111111111111111111 MERE MINI lilt liii
2760149 0410612000 12:20P JA Sukl Ttukamoto
2 of 2 R 10.00 D 7.95 Weld County CO
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