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HomeMy WebLinkAbout20040715 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST SAUL AND PAULINE ENCINIA 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, Saul and Pauline Encinia, VI #0300356, 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 9th day of March, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Saul Encinia, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until September 9, 2004, to allow adequate time for the property owners to remove the mobile home and complete the building permit to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0300356 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Saul and Pauline Encinia 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 September 9, 2004, to allow adequate time for the property owners to remove the mobile home and complete the building permit to bring the subject property into compliance. 2004-0715 PL0824 e"C; FL@ CIO o3,2s VIOLATIONS - VI #0300356 - SAUL AND PAULINE ENCINIA PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 2004. �,�,�� BOARD OF COUNTY COMMISSIONERS W N COLOR miti�� ��"v"euti . � Robert D. Masden, Chair 1861 ta t lerk to the Board 7 _ William H. Jerk e Pro-Tern u ty Clerk to he Board FXCl1SFf1 M. J. Geile 7Rpt D AS: EXCUSED David . Long I/ unty AttorneGlad Date of signature: 3, _EY 2004-0715 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Saul & Pauline Encinia Violation: VI-0300356 Address: 21045 CR 33, Lasalle, CO 80645 Legal: Lot A of RE-2107 also known as part of the E2SE4 of Section 15, T4N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to Hwy 256 and West of and adjacent to CR 33 North: Agricultural with minimal residences South: Agricultural with minimal residences East: Hunt-Wiedeman PUD West: Agricultural with minimal residences Parcel Number: 1057-15-4-00-040 Acreage: 4.56 +/-Acres Certified mail date: February 11, 2004 Received: February 17, 2004 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 Article IV(4), Division 3 of Section 23-4-130 and Chapter 29, Article 111(3) of Sections 29-3-10 and 29-3-230 of the Weld County Code. REMEDY To bring the property into compliance, the mobile home shall be removed from the property. Additionally, the building permit (BCN-020442) shall be completed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY October 13, 2003 Letter sent by Wendi Inloes explaining mobile home situation. December 29, 2003 Initial complaint received. December 29, 2003 Initial inspection completed. December 29, 2003 Five day compliance encouragement letter sent. January 5, 2004 Property inspected. Property remains in violation. January 8, 2004 Violation letter issued. February 11, 2004 Property inspected. Property remains in violation. February 11, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2004-0715 • Mr.8 Mrs.Encinia Page 1 of 2, Vi-0300356 DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US I E-mail Address: bsalzman@co.weld.co.us 111 p1555 N. 17th Avenue, Greeley, CO 80631 CPhone (970) 353-6100, Ext. 3555 Q , Fax (970) 304-6498 COLORADO February 11, 2004 Mr. & Mrs. Saul Encinia 21045 CR 33 LaSalle, CO 80645 Subject: VI-0300356, Lot A of RE-2107 also known as part of the E2SE4 of Section 15, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Encinia: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on Tuesday, March 9, 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 111, 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 HOME subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30.1 "Noncommercial junkyard." Chapter 23, Article IV, Div 3 "Mobile Homes" Section 23-4-130 -No MOBILE HOME may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each MOBILE HOME located or relocated in the County after said date must have a BUILDING permit for a MOBILE HOME issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit fora MOBILE HOME required by this Division shall include the following:" Chapter 29, Article 111(3) "Building Permits." Section 29-3-10 "Building permit required." Section 29-3-230 "Expiration of plan review." To bring the property into compliance: Upon reviewing your case file, it was noted that Wendi Inloes sent a previous letter advising the status of your Zoning Permit for a Mobile Home (ZPMH-2254) permit. A "Temporary during Construction" mobile home permit is only valid for 6 (six) months. Subsequently, any additional time must be reviewed and approved or denied by the Board of County Commissioners. Therefore, the associated fee shall be provided to the Department of Planning Services or the mobile home shall be removed from the property. Additionally, as previously advised,your building permit(BCN-020442)for your new Principle Dwelling Unit shall be completed. As stated in the Weld County Code, Plan Reviews are to expire after 180 days from the initial date of review, which would have occurred on August 23, 2002. Mr.&Mrs.Encinia Page 2 of 2, VI-0300356 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. 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, 14 A Bethany Salzman �� 1 rd‘ a, Zoning Compliance Officer r a O pc: VI-0300356 ❑OIL> O ❑ 2 T a ZPMH-2254 8 a CV BCN-0200442 d ' ,- a ft Peggy Gregory, Building Compliance Officer • S g 3 Wendi Inloes, Planning Technician z ` , 0 Ed g ti Department of Planning Services I ii tv¢ o S m Bruce Barker, County Attorney , 8G i , CIO 0 g o .c s .z r a- S : N v o _ z m U.S. Postal Service,. w „ m11 I a ti CERTIFIED MAILTM RECEIPT `- m (Domestic Mall Only;No Insurance Coverage Provided) Nin ¢ . a1'8 ≥ c O O Q D • a E r•ellvery Mf rttteti n volt our we•alts at www.usPs.c tn®' v ei X co d ,., < E a m cc n' C C Postage S m e) • ra I) a cediHed Fee m da. m o E Return Raciest Fee Postmark a ao 0'c -:4 ' p (Endorsement Required) Here • ._�n L i.E 2 D- 1-1 (Endorsement odors m ntDelivery Fee — Lu y-CI co c o« oi o o of 2•" �� E wco rl Total Postage 3 Fees $ _ _ >a 2 a a ,- O 8 Illt° m � ` o o Z co 6 0 a Az Sent To N 9 .C.« tt co m fil o .M{� h MRS.._.SAUL..l cINIA o -m m N g a E . ov a r. deer,Apt No.: m [l m -c a � OrPOSoNo. 21045 CR 33 g E = E �a m2 •. w - m a • m m C U U 2 2 V W b City,State,ZIP*/ U 'm¢ N.y^ d G E .-• A E ffi _ o3« L wrna g .2 m C z cn o Ec « m o F4 C o in € O and m¢ `o a NI a Q uo • • O• / (( Weld County Department of Planning Services t Inspection Report wine. 1555 N. 17th Avenue COLORADO Greeley, CO 80631 r Date of Inspection: ��.-\ 1 Permit/CaseNo.: �.; ,,._ _'.�.,!��� :, ,l r• • Property OwnerName: 1 r . Address: t (1- Upon a visual inspection of the property listed above,the following items were noted: C.:71 l 1 t F �t C.Ci• InspectionbyrContactName: ii1 • I Contact Phone Number: 970-353-6100, Ext. 3540 Copy of this inspection was: D Pictures on file: 0 Yes VcNo • Wine DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE January 8, 2004 Mr. & Mrs. Saul Encinia 21045 CR 33 LaSalle, CO 80645 Subject: VI-0300356, Lot A of RE-2107 also known as part of the E2SE4 of Section 15,T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Encinia: 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 HOME subject to the additional requirements of Article IV. Division 3 of this Chapter." Section 23-3-30.1 "Noncommercial junkyard." Chapter 23, Article IV, Div 3 "Mobile Homes" Section 23-4-130 "No MOBILE HOME may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each MOBILE HOME located or relocated in the County after said date must have a BUILDING permit for a MOBILE HOME issued pursuant to Chapter 29 of this Code. An application for any zoning or building permit for a MOBILE HOME required by this Division shall include the following:" Chapter 29, Article 1!1(3) "Building Permits." • Section 29-3-10 "Building permit required." Section 29-3-230 "Expiration of plan review." To bring your property into compliance with the Weld County Code: Upon reviewing your case file, it was noted that Wendi Inloes sent a previous letter advising the status of your Zoning Permit for a Mobile Home (ZPMH-2254) permit. A "Temporary during Construction" mobile home permit is only valid for 6 (six) months. Subsequently, any additional time must be reviewed and approved or denied by the Board of County Commissioners. Therefore, the associated fee shall be provided to the Department of Planning Services or the mobile home shall be removed from the property. Additionally, as previously advised, your building permit(BCN-020442)for your new Principle Dwelling Unit shall be completed. As stated in the Weld County Code, Plan Reviews are to expire after 180 days from the initial date of review, which would have occurred on August 23, 2002. Mr.&Mrs.Saul Encinia Page 2,VI-0300356 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 January 8, 2004, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above _ address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely. Bethany Salzman Zoning Compliance Officer pc: VI-0300356 ZPMH-2254 BCN-020442 Peggy Gregory, Building Compliance Officer Wendi Inloes, Planning Technician Department of Planning Services Bruce Barker, County Attorney • .., .. . . .w. ».».. .,.. . - • • ski..• o a Weld County Department of Planning Services R' Inspection Report�D 1555 N. 17`h Avenue - -- - COLORADO Greeley, CO 80631 Date of Inspection: -CD' L4 Permit/Case No.: — GI,1` - Property Owner Name: . ' ; ! r V'-:; k.., .-._. Address: ', rte:; Upon a visual inspection of the property listed above,the following items were • I noted: • • • • • { Inspection by: { ContactName:V }' r. t .-h •.-e :. Contact Phone Number: 970-353-6100,Ext. 3540 Copy of this inspection was: • Pictures on file: O Yes IKNo (7.1T0 DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US Wlige E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext 3555 Fax: (970) 304-6498 COLORADO December 29, 2003 Mr. & Mrs. Saul Encinia 21045CR33 LaSalle, CO 80645 Subject: VI-0300356, Lot A of RE-2107 also known as part of the E2SE4 of Section 15,T4N,R66W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Encinia: 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 Wendi Inloes, Planning Technician, sent notification on October 13, 2003 (see enclosed) regarding the status of the mobile home Zoning Permit. If you have any questions you may contact me or Wendi Inloes at(970)353-6100, Ext. 3540. Additionally, please be advised that your building permit(BCN-020442)needs to be completed. As stated in the Weld County Code, Plan Reviews are to expire after 180 days from the initial date of review. 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-0300356 ZPMH-2254 BCN-020442 Peggy Gregory, Building Compliance Officer Wendi Inloes, Planning Technician Department of Planning Services SERVICE-,TEAMWORK,INTEGRITY,QUALITY Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7331798 Parcel#: 105715400040 Tax Area: 0104 Bordering County: Acres: 4.56 Township Range Section Quart.Sec. Spbdivison Name Block#Lot# 04- 66- 15 -4 - - - b^!P_^aS�.YE�\�:.A�.L'ZT�1® e1+:1'WW_reSltinN`-C.1Y02'.11L.'S.'t:54'C..^."F'�;:�^.Y.l:a :Y.':r..a Y'..'.. .Y............ _4�-1C?l Yi:ia6,,Ns.-... t'-.b-:.a?'-..+:YS'.�.<•�.3,�'ier: Owners Name&Address: Property Address: ENCINIA SAUL&PAULINE Street: 21045 33 CR 21045 WELD CO RD 33 City:WELD LA SALLE, CO 80645 - Business/Complex: Sales Summary Sale Date Sale Price Deediype Receetion_# 5/29/1998 $126,500 WD 2618226 LegalDescri_ption PT E2SE4 15-4-66 LOT A REC EXEMPT RE-2107 (.63R) SITUS: 21045 33 CR WELD 0 Land Valuation Summary Land Type Abst Code Unit o} Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 4.56 Land Subtotal: 4.56 $1,831 $530 No Buildings on parcel • http://maps.merrick.com/Website/WeldisetSgl.asp?cmd=QUERY&DET=PP&pin=10571... 12/29/2003 i - .fie'^ _ '�._.�............. ... .. .,._ .... � .. .....::..;,w,` - �c . ,L 'l .: .::...::.::. a _ • ...'a ` " 1 Find App 2 Parcel 1 3 Address 1 4 C/A/E/D 1 • Find ' °-`` 2_<f Parcel No:11057-15.4-00-040 �� :�IBar Para ' a'Sa e 1L Alt Key' 1660415 update RFMar Bock E.k 41100 . .- Primary Address General Information i Into • ..• . • No Dir / Street Name City Id 1WEL S �ubdi:ision' 21045 1 CR 33 • Lot: • Fact ( Seiaer An Address iG's • Area:I 0.00 Acres:I 4.56 Situ Bonin. IAGRI I • 121045 33 CR WELD Census Tract 117 Gen Block.:' INew Primary Owner Information X Ccord:I Y Coord:1 44 Legal Description =lete Name:IENCINUA SAUL & PAULINE PT E2SE4 15-4 66 LOT A REC.E>:EkaPT RE-2107 Address 1:121045 WELD CO RD 33 I E3R1 SITUy 21045 3.t CR 'WELD 0 Address 2:ILA SALLE CO tint 14 1141 ' Address 3.I `� F Sean Address 4.1 xrt ' C: Fat Zip: 180645 U:e CCade.I 'I I Phone 1. TF P r- �dres ��'..IOi04 Exempt. dent: Phone 2 I t,ru;FACT WE I Gov,Owriedultih E P-: Notation-1 7 Anoe: 1 Pet.�nF 1 E[l ac+ Sir* I . ......... .. Permit N: IVI.0300356 Address:121045 CR 33 WEL Status: [COMPLNT APPLICANT:IENCIIJLa SAUL S PAULINE Date: 12/29/2003 Bari:Stop r -•E I 01 it Desc Screeri People Doc Card LAIN In ,soar lae Relate try w l o t. Update Etit Bac ■ Pari Parcel No: 1057-15.4-00-040 ►J 1'5 ■ 400( Owner: ENCINIA SAUL K PA.ULINE E Status: COMPLNT IJ Written By: BJS Sec%T arr/Rrrg: [15 04 66 Description- ZPtvMH•2254 has expired Location: 21045 CFt 33 WEL Zoning Dist: AGRI Inspection Area Fr--- Permit Num: I?PMH.2254 App Type: VI J IBGd=BLDNG VIO,VI=ZCNING'v10,WCV=WELD VI0"bcv+vi") Class Code: VI.1 MOBILE HOME(S) Complaint: 12/2'9/2003 • 'nit: BJS NO VI. L_/_/ Irut: 5 Day Letter: 12/30/20]3 Init: BJS Issued: _/_/ 'nit: I Inspection: _'_r' Ind: I 1 BCC Vice / Ink: I Ii 1141 Court. _ '_ !nit: I 1 Sear Closed E:C'v': _/_/ Init: I Closed VI: 1.__/_/ b-iit: P • ( 'it " T>\ DEPARTMENT OF PLANNING SERVICES vin C Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100,Ext. 3540 Er "- COLORADO Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: lit, ZONING CODE COMPLAINT Staff/Name:X Staff/Name:tinciyi 9 e Citizen 0 Other: ❑ HEALTH DEPARTMENT Citizen's Name(If(mown): o WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS MM Date Complaint was received: 'c -�1"D3 Pending Case#(i.e. USR,RE, SE,ect...): Legal Description:SC z.lt5 Parcel#: \0 r_n • F:sa 4• m•GI D Violation Address: AtPL\ci C.K.. Property Owners Name: FCiAfl 1 Cfu t PC�.it( Phone: Property Owners Address: � *��tit,+,t..) i .O <-11d-r-> Tenant's Name: Phone: Tenant's Address: ' NATURE OF COMPLAINT: V\ aaLk Q.K.R�t'CLd (t t . -V u !ling lmbkYlAr ltil t1 Complaint Referred To: Date: Complaint Referred To: ��y- ` Date: Additional Notes: t �:'OaD -\� t -1 P ICI.PY o it ;H: DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 ' W EBSITE: www.co.weld.co.us Wipe. GREELEY155COLO COL5 N. 17TH ORADO 63E COLORADO October 13, 2003 - Saul Encinia 21045 CR 33 LaSalle, CO 80645 RE: ZPMH-2254 - Zoning Permit for a Mobile Home used for the Temporary Use During the Construction of a Residence. Dear Mr. Encinia: The temporary permit for your mobile home has expired. This permit is good for up to 18 months, and after this time any extensions must be approved by the Board of County Commissioners. A fee of $300.00 for the extension of this permit is also required. Once I have received the fee, I will schedule a hearing date. If I have not received any new information from you within the next 15 days, a zoning violation will be issued. Should you have any further questions, please contact me at the above address or telephone number. Sincerely, /''1 / I Wendi Inloes Planning Technician II 111111111111111111111111 IIIII 1111 11111III11111Illl III! 2618226 06/08/1998 04:14P Weld County CO 1 of 1 R 6.00 D 12.65 JA SukL Tsukameto ez+ .--.-.-:.,..__,... m.., Filed for record the day of ,A.D. 19 at o'clock M. RECORDER Reception No. By DEPUTY. WARRANTY DEED • State Documentary Fee THIS DEED, Made on this day of May 29, 1998 Date('`I -L1`� between GEIST PIVONKA INV.PARTNERSHIP,A GENERAL PARTNERSHIP @ ll of the County of I.ADR GC/FGO and State of Colorado , of the Grantor(s), and ' SAUL ENCINIA AND PAULINE ENCINIA whose legal address is : 21045 WELD COUNTY RD 33,LA SALLE,CO 80645 of the County of WELD and State of Colorado , of the Grantee(s): • WITNESS; That the Grantor(s), for and in consideration of the sum of ( $126,500.00 ***One Hundred Twenty Six Thousand Five Hundred and 00/100'"" 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 Grantee(s), 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: LOT A.RECORDED EXEMPTION NO. 1057-13-4-RE2107,BEING A PART OP THE EAST HALF OP THE SOUTHEAST QUARTER OF SECTION 15,TOWNSHIP 4 NORTH,RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, RECORDED APRIL 1, 1998 UNDER RECEPTION NO.2603389,COUNTY OF WELD,STATE OF COLORADO. also known as street ntnber 21045 WELD COUNTY RD 33,LA SALLE,CO 80645 TOGETHER with all and singular and hereditament, and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and nll the estate, right title interest, claim and demand whatsoever of the Grantor(s), 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 appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above convoyed, 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 some are free and clear from all former and other grants, bargains, sales, Liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1998 AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS,COVENANTS AND RIGHTS OF WAY OP RECORD,IP ANY; AND GRANTOR RESERVES ALL MINERALS AND PRODUCTION RIGHTS. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above.bargained.premises-in.the-quiet.and-peaceable possession of the Grantee(s), 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, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. GEIST PIVONKA INV.PARTNERSHIP,A GENERAL PARTNERSHIP Acid-- B A . GEIS ENERAL PARTNER STATE OF Colorado )ss. County of _LARIMER The foregoing.instrument_war,acknowledged.before_me_on.this.dsy-of- May-29, !998 • - by ALVIN B.DEIST AS GENERAL PARTNER OF GEIST PIVONKA INV. PARTNERSHIP,A GENERAL PART {\. POp •• My commission expires 4�[�4/[0 ..91C;0 ! •••ti Witness my hand and official seal. NOTARY • Notary Public : PUBLIC Name and Address of Person Creating Newly Created Legal Descrip 'on ( 38-35-106.5, C.R.S.) d,, • „.... �-5 Escrow# LL184181 When Recorded Return to: SAUL ENCINIA AND A Title# FC1B4181 • 21045 WELD COUNTY RD 33, LA SALLE, CO -Form-N0, 921A-Rev-4-94. WARRANTY-DEED(To Joint Tenants)- 8C645- • ... __ .. __. _ .... ...... _.. . ." t.mw .. .. .... _ .............x t ev) r; r : 4 �`- t l - 'r • ..l . J. � . 1 4 i/ ,r1 I it I'I / v i-- _ - -, • _ - - '. . "f AC -oillirFL ii -- \_\i\ kI � '� , ' ' I 6 ' QI iii;;;Nmalltsiallie - - .`yam - - . l r 1 1 y l I: .\: .,, .;l' 1 • l I i it I !d . � `I -1 1 _ p VI- • _ c 'awe: f JI I a r'+ r 4 tip. I 4„ .rir t. , ,s444., ", 44. . . . • ` i ti• (r l it I 1 k.I71 ' ' • ' • t Hello