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HomeMy WebLinkAbout20040186.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JOSE AND JOSEFINA AGUIRRE 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,Jose and Josefina Aguirre,VI#0300230, 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 13th day of January, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jose and Josefina Aguirre were 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 Jose and Josefina Aguirre 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. 2004-0186 PL0824 PO ; P _ Cif / 'e', d 4 VIOLATIONS - VI #0300230 - JOSE AND JOSEFINA AGUIRRE PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 13th day of January, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO ATTEST: !_ d ,, t ' , � � `�kca Robert D. Masden, Chair Weld County Clerk tot B.: a 0 t William H erke, Pro-Tem BY: Deputy Clerk to the TOdar`.;) ti �• 71/ 46e✓ M. J Geile PR• ED Wit• . 'M: EXCUSED David E. Long o ntyA r -y EXCUSED Glenn Vaad Date of signature: 2004-0186 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Jose &Josefina Aguirre Violation: VI-0300230 Address: 22670 CR 54, Greeley, CO 80631 Legal: Lot A of RE-3128 also known as part of the NE4 of Section 26, T5N, R65W of the 6m P.M., Weld County, Colorado Location: South of and adjacent to CR 54 between CR 45 and CR 47 North: Agricultural with minimal residences South: Agricultural with minimal residences East: Agricultural with minimal residences West: Agricultural with minimal residences Parcel Number: 0961-26-0-00-009 Acreage: 22.02 +/-Acres Certified mail date: December 17, 2003 Received: December 22, 2003 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 and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance a Use by Special Review application shall be completed and submitted to the Department of Planning Services or all business activities shall be removed from the 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 June 25, 2003 Initial complaint received. September 25, 2003 Initial inspection completed. September 25, 2003 Five day compliance encouragement letter issued. October 9, 2003 Violation letter issued. December 12, 2003 Property inspected. Property remains in violation. December 17, 2003 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2004-0186 Mr.&Mrs.Aguirre .l Page 1 of 2, VI.0300230 001(441 DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 O Fax (970) 304-6498 • COLORADO December 17, 2003 Mr. & Mrs. Jose Aguirre 22670 CR 54 Greeley, CO 80631 Subject: VI-0300230, Lot A of RE-3128 also known as part of the NE4 of Section 26, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Aguirre: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 13, 2004,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.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: As we previously discussed, to bring your property into compliance, a Use by Special Review application shall be completed and submitted to the Department of Planning Services. 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. 17`" 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. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center,915 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. s : Mr.&Mrs.Aguirre r Page 2 of 2, VI.0300230 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, ?-.-DremekLI:c\-I\ Bethany Salzman Zoning Compliance Officer - pc: VI-0300230 � Department of Planning Services ��o l 0 Bruce Barker, County Attorney d '. m acc of >- z m > Ed $ off W a -J E 3 a 8 U.S. Postal Service,' g S g m CERTIFIED MAILL�, RECEIPT = ' - — e v = o m Lriz — :! 2 m E s m- (Domestic Mail Only;No Insurance Coverage Provided) a " w ¢ c p F r •elivery inf•rmati nvisit ur we.siteat www.us•s.c m,° m cco ~ `o m 0- ruu 7i7 $ ,r gg d) ti r. _ j m in C : `° g Ca ♦ G-.e C rr y .ifs m m 0' E -gm8 8 oCI Postage $ - 2 t m m m t— -g v N WJ m "m 'Z W U m �i m '.�. _2 Certified Fee ` �_ , �/8 m 2 U cc c m 0 . 0 Postmadc • c O O ¢ O 0 Return Reelect Fee CC E (Endorsement Required) Here U Q K m m "C sf 0 0Restricted ' Delivery Fee .\ C (EndorsementDRequired) 0 CC 0 a $ q i r� Total Postage 8 Fees m en ro m o ?> m 0 m Sent To a m 0 0 8 o MR. & MRS. JOSE AGUIRRE • o 2 0200E is cal M1 n- Street.Apt.No.; _ U'3.c . I4 « ea< PaN°. 0 > 22670 CR 54 a c v ix Cry,State,ZIP+4 Q y c 9 O GREELEY CO 80631 a m Z amm v y E d en PS Form 3800,June 2002 See Reverse for Instructions 2 N m 94. L 2 a W m S W Um cYo to of a N •r mm �QH ei -, u rn E` Ec9` m � p v Q lU m 8 V U ` m „.; Inc-, 4.- m ap U ort .- 3c m y s. 0 D+ g Q c7 0w C .,.^1" W aK >•m.c •-• a •.0 O r-7 zm t EEc "U° o `E w u c W U Na hQ o 'C i N U' Q LL n ■ • ■ N 0. 404it j ' DEPARTMENT OF PLANNING SERVICES O Code Compliance Division 111 p 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 October 9, 2003 Mr. & Mrs. Jose Aguirre 22670 CR 54 Greeley, CO 80631 Subject: VI-0300230, Lot A of RE-3128 also known as part of the NE4 of Section 26, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Aguirre: 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 pads 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: As we discussed during our telephone conversation,to bring the property into compliance,a Use by Special Review application shall be completed and submitted to the Department of Planning Services. Additionally, you indicated that you were going to go around and speak to your neighbors, as I previously indicated, that is a great idea. For your convenience, please see the enclosed Use by Special Review application. 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. Mr.Aguirre Page 2,VI-0300230 It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 60 (sixty) days from October 9, 2003, 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, rack6A-QPIC11--T-vn Bethany Salzman Zoning Compliance Officer pc: VI-0300230 Department of Planning Services Bruce Barker, County Attorney 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 WI Phone: (970) 353-6100, Ext. 3555 lige Fax: (970) 304-6498 COLORADO September 25, 2003 Mr. & Mrs. Jose Aguirre 22670 CR 54 Greeley, CO 80631 Subject: VI-0300230, Lot A of RE-3128 also known as part of the NE4 of Section 26,T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Aguirre: 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 a commercial concrete business without the required Weld County Zoning permits. To bring the property into compliance,a Use by Special Review shall be completed and submitted to the Department of Planning Services;otherwise all business activities and equipment shall be removed from the property. 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. 17`h 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. Failure to close this violation or efforts to show progress, will result in a thirty-day violation notice being issued. 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 Salzm Zoning Compliance Officer pc: VI-0300230 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY • Peimit N: ,-030021 - Location: I _ Status: ICOMPLNT APPLICANT: !AGUIRRE JOSE 8 JOSEFII•JA Date-. 108/26/2003 ea.:t.step [—1 Er LE ini- __,"-71 V h.) El ‘ in tyanf`c nest Scree i F'eipl- Doc r,ii1d LJH N 1115p Awe LO'L _ lie,We Site Mlpdate ♦1 Erit Back Parcels.. Parcel No: 10961-26.0.00.009 Owner: IAGUIRRE JOSE A&JOSEFINA r .. People Status: ICOMF'LNT Lij Written By: SJS • Sec1TwniFIng [2705 65 Description: [Commercial Concrete business+M/out USR Location: 122670 CFI 54 WEL . Zoning Dist: 1AGRI Inspection Area V3 Permit N urrl App Type: 1V1 zi (BCV-BLDNG VIO,VI=ZON!NG VIO,VI V-A,WWELG\/IQ"bcv+vi") Class Code: ;!I IBUSINESS _ Complaint: ICC/25/2003 [nit: IBJS NO VI I_/_' ii-r, I 5 Day Letter: 109/2612003 Init: Isis Issued: I_./_! Ira: I inspection: L/_/____ !nit: 1----- BCC Vio L?_/_ [nit: 1--`— Couo [_/_1„_,_ [nit: 1---- Closed BC\/. 1_/_/ [nit: r-" Clxed'VI: I_l_i Init I Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1042002 Parcel#: 096126000009 ... Tax Area:0696 Bordering County: Acres: 22.02 V `.- U C` Township Range Section Quart.Sec. Subdivison Name Block# Lot# 05 - 65 - 26 -0 - - Owners Name&Address: Property Address: AGUIRRE JOSE A&JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY,CO 80631 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 8/13/2001 $400,000 WD 2874658 Leaal Description PT NE4 26-5-65 LOT A REC EXEMPT RE-3128 (.91R.4.7D) SITUS: 22670 54 CR WELD Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 22.02 Land Subtotal: 22.02 $8,843 $2,560 Buildings Valuation Summary # Property Type Assessed Bldg# p y Actual Value Value 1 Residential 2 Out Building • 3 Out Building 4 Out Building Improvements Subtotal: $220,247 $22,83O Total Property Value $229,O90 $25,39O Building Details Account#: R1042002 Parcel#: 096126000009 Owners Name &Address: Property Address: AGUIRRE JOSE A&JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY, CO 80631 Building# Property Type 1 Residential Individual Built As Detail http://maps.merrick.com/W ebsite/W eld/'setSgl.asp?cmd=QUERY&D ET=PP&pin=09612... 06/25/2003 Identify Results Page 2 of 3 Built As: 1 1/2 Story Fin Year Built: 1904 Exterior: Frame Siding HVAC: Hot Water Baseboard Interior Finish: Drywall Built As SQ Ft: 2402 # of Baths: 3 Roof Type: .� # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 2 Rooms: 8 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement:Total SQ Ft: Finished SQ Ft Account#: R1042002 Parcel#: 096126000009 Owners Name &Address: Property Address: AGUIRRE JOSE A &JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY, CO 80631 Building* Property Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1970 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 8864 # 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#: R1042002 Parcel#: 096126000009 Owners Name &Address: Property Address: AGUIRRE JOSE A&JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY, CO 80631 Building* Property Type 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1977 Exterior: Pole Frame Metal Siding HVAC: None Interior Finish: Built As SQ Ft: 972 # 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/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09612... 06/25/2003 Identify Results Page 3 of 3 Account#: R1042002 - Parcel#: 096126000009 Owners Name &Address: Property Address: AGUIRRE JOSE A&JOSEFINA Street: 22670 54 CR 22670 WELD CO RD 54 City: WELD GREELEY, CO 80631 Buildina# Property Type 4 Out Building Individual Built As Detail Built As: Grain Bin Year Built: 1984 Exterior: Metal 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.menick.com/W ebsi te/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09612... 06/25/2003 Parcel Table Maintenance t'3� , ; ° lF, _ t r t pare No J04961 26 0 04009_ - J 3 y i� L) Y I�'�� Alt Key Ii - uodat AeMa B'Yk exit'TTPirmaryAddress „ General Information No -- Di Stf f Name m City Id: Subdivision) CI I Lot Erect.; •.:_:-3&.[ T-15t 44dr4ss z •- ` h - Area 0 00,' Acre : 22 02' wSitus `.�,. .�._ --=-, ..-. a Zonings _ I " 22670 54 CR WELD Tract ',Cen6lock:� Pngtry Oyner Information X-Coord Y Coord _ :" .� - ,_._ .1-" Legal Description Name IAGUIRRE JOSE A &JOSEFINA PT h1E4 26.5-65 LOT A REC EXEMPT RE-3128 Address1:I22-670 WELD CO RD 54 (.91R.47D)SITUS: 22670 54 CR WELD Address-2:IGREELEY CO Address 3.I - - _ Address 4 I .! Zip; 80631 Use Code:I J Phonei:I - - - TRA 0696 ..- Phone2I Exempt: Status]ACTIVE � ovt; G Owned:r Notation.) i AIZ- 46 DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 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 Complaint Initiated by: ZONING CODE COMPLAINT ❑ Staff//Name: Xt. Citizen e Other: HEALTH DEPARTMENT Citizen's Name Of known): O� NCY9 q.L kfili+Cc WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):c1-10-"11N 5(E-A- 013\y BUILDING CODE COMPLAINT PUBLIC WORKS /PEST&WEEDS Date Complaint was received: h"ac-03 -riding Case#(i.e. USR, RE. SE, ect...): 1.aAof RE.-503 :gal Description: L"l,\ cc Jtal.O)Tc1 Nk-,LoJb0 Parcel#:CPLot a,Co.000 CCR elation Address: t 1O f t operry Owners Name: Pq W rr€ ��CR&. t / g�t Clcr� Phone: •,pert'Owners Address: J l 3Ya1€2\, 1� `AlDlve11 ::ant's Name: Phone: ::ant's Address: ;TURE OF COMPLAINT: n 1 ffetste , ceiCrYl 22:i.lfv(10ts11 uJGUS I ik&. ,mplaint Referred To: Date: :mplaint Referred To: Date: iditionalNotes: } 1111111 I��l 41111 1111 111 1111,111111,11111.111.1t 1111 2874858 1412001 02:35P _of 1 H 5.00 0 40.00 Weld GO unty Co Sg WARRANTY DEED / /E ,/IH� /1A/ THIS DEED, Made this 13th day of August , 2001, U L+- lI ,D TAI between West Colorado Square, LTD. , A Colorado Limited I ) r l.-0 • t"xr Partnership rJ� I 111 of the County of Weld and State of Colorado • grantor.and Jose A. Aguirre and Josefina Aguirre whose legal address is 22670 WCR 54, Greeley, CO 80631 of the County of Weld and State of Colorado .grantees: WITNESS,That the grantor,for and in consideration of the sum of FOUR HUNDRED THOUSAND AND NO/100- DOLLARS,($400,000.00 ).the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bar- gain.sell.convey and confirm,unto the grantees.their heirs and assigns forever,not In tenancy in common but In Joint tenancy, all the red property together with improvements,if any,situate,lying and being in the County of Weld and Slate of Colorado,described as follows: Lot A of Recorded Exemption No. 0961-26-1-RE-3128, recorded August 1, 2001 at Reception No. 2870657, being a part of the Northeast Quarter of Section 26, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado also known by street and number as 22670 WCR 54, Greeley, CO 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,isaue.s and profits thereof,and all the estate.right,tide,interest, claim and demand whatsoever of the grantor, either in law or equity,of, io 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 en.seahng 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 as 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 taxis for the current year,a lien but not yet due and payable,easements,restrictions,reservations,covenants and rights-of-way of record,if any. The grantor shall and will WARRANT AND FOREVER DEFEND the ahove-bargained premises in the quiet and peaceable posses- sion of the grantees,their heirs and assigns,against all and every person or persona lawfully claiming the whole or any part thereof. The singular number shell include the plural,the plural the singular,and the use of any gender shall he applicable to all genders. IN WITNESS WHEREOF.the grantor has executed this deed on the date set forth above. West Colorado Square, LTD., A ,-'^^' Colorado Limited Partnership : r( p "•, �ker • ?.BARBARA R'n t. awp ace H. Hertzke, artner • i COONRDD STATE OF COLORADO '‘,114:0;'._--- : �r-- OF C01.01‘,/as. COUNTY OF WELD ) .•._• The foregoing instrument was acknowledged before me this 13 th day of August , 2001,by Lawrence H. Her zke as Partner of West Colorado Square, LTD., A Colorado Limited Partnership. My Commission expires: February 23, 2003 W / myh and official se ( Notary ublic Barbara R. 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