HomeMy WebLinkAbout20033319.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST ARTHUR AND GLORIA SANCHEZ 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, Arthur and Gloria Sanchez, VI #0300126, 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 December, 2003, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Arthur and Gloria Sanchez 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 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 March 9, 2004, to allow adequate time for the property owners to
complete the screening of the noncommercial junkyard, 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 #0300126 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Arthur and Gloria Sanchez 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 March 9, 2004, to allow adequate
time for the property owners to bring the subject property into compliance.
2003-3319
PL0824
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VIOLATIONS -VI #0300126 -ARTHUR AND GLORIA SANCHEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEnN( Q LO DO
ATTEST: Leli�l�i�j,� .. l≥ss
� ;. David E. Long, Chair
Weld County Clerk to wv,,
/ ; ?0 °V EXCUSED
BY: Robert D. sden, Pro-Tem
Deputy Clerk to the �'' \?� !! ce_,
M. J. Geile
APP AS TO F - / &/
Willia H. Jerk
C y A orney
G nn Vaad 41-7
`a
Date of signature: (ay
2003-3319
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Arthur& Gloria Sanchez
Violation: VI-0300126
Address: 3641 Sunrise Lane, Sunny Acres, Brighton, CO 80601
Legal: Lot 2, Block 5, Sunny Acres Subdivision, Weld County, Colorado
Location:
North: South of and adjacent to CR 10, approximately 3 miles South of Hwy 52
South: Approximately 1/2 mile North of CR 8
East: West of and adjacent to CR 37,approximately 2 '/z miles West of 1-76
West: Approximately 5 miles East of Hwy 85
Parcel Number: 1471-13-1-05-006 Acreage: 2.2 +/-Acres
Certified mail date: October 1, 2003 Received: October 7, 2003
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30
and 23-3-30,1 of the Weld County Code.
REMEDY
To bring the property into compliance with the Weld County code, the"Noncommercial Junkyard" shall be
restored, removed or completely screened from all adjacent properties and public rights-of-ways.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
March 1, 2003 Sunny Acres Community Clean-Up was conducted.
June 12, 2003 Violation initiated subsequent to Sunny Acres Community Clean-Up.
June 12, 2003 Initial inspection conducted.
June 17, 2003 Five day compliance encouragement letter sent.
July 29, 2003 Violation Notification was issued.
September 26, 2003 Property inspected, remains in violation.
October 1, 2003 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners for December 9, 2003.
2003-3319
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Mr.&Mrs.Sanchez
Page 1 of 2, VI-0300126
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
W.CO.W ELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
Ing1555 N. 17th Avenue, Greeley, CO 80631
C. Phone (970) 353-6100, Ext. 3555
Fax (970) 304-6498
COLORADO
October 1, 2003
Mr. & Mrs. Arthur Sanchez
3641 Sunrise Lane
Sunny Acres Subdivision
Brighton, CO 80601
Subject: VI-0300126, Lot 2, Block 5, Sunny Acres Subdivision, Weld County, Colorado
Dear Mr. & Mrs. Sanchez:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on December 9, 2003, 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 23-3-30.1 "Noncommercial Junkyard."
To bring the property into compliance:
Please be advised that it was noted during the last inspection that the property has made
substantial progress; however, one (1) derelict truck and a small amount of debris was
noted(see enclosed). The"Noncommercial Junkyard"consisting of the derelict vehicle
and miscellaneous debris shall be removed, restored or screened from all adjacent
properties and all public rights-of-ways. Please be advised that as soon as the remaining
items have been addressed, this violation will be closed.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own
power); is partially or totally dismantled; has all or portions of its body work missing or
is substantially damaged; is not registered with the State, as required by Section 42-3-
103, C.R.S., or by Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate
assigned to it is not permanently attached to the vehicle, as required by Section 42-3-
123, C.R.S.; or Is lacking proper equipment to the extent that it would be unsafe or
illegal to USE on public road rights-of-way or otherwise not equipped with lamps and
other equipment as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition
shall not include implements of husbandry, farm tractors or vehicles customarily
operated in a FARMING operation.
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.
•
Mr.&Mrs.Sanchez
Page 2 of 2, VI.0300126
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, U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Bethany Salzman7••••• ••••7
m
Zoning Compliance Officer m
pc: VI-0300126 Postage $
Department of Planning Services O
Bruce Barker, County Attorney rzi
Certified Fee
Postmark
Return Receipt Fee
Ln (Endorsement Required) Here
O Restricted Delivery Fee
a (Endorsement Required)
Total Postage 8 Fees
RI
U1 Recipient's Name (Please Print Clearly)(To be completed by mailer)
O MR. & MRS. ARTHUR SANCHEZ
O Street,Apt.No.;or PO Box No.
O 3641 SUNRISE LANE
O Cit,State,ZIP.4
r` BRIGHTON CO 806)1
•S Form 3800,February 2000 See Reverse for Instructions
SENT• C•MPL ETE TI AS SECTI•N C•M'LETE THIS SECTI•N IN IEL/VE•V
• Complete Items 1,2,and 3.Also complete A. Signatur
item 4 if Restricted Delivery is desired. ,
II Print your name and address on the reverse X Agent-� ■ Addressee
so that we can return the card to you.• Attach this card to the back of the mailpiece, B. R aw by(ponied Name) Date of Delivery
ed i
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from Item 1? 0',As
If YES,enter delivery address below:
MR. & MRS. ARTHUR SANCHEZ 4\1
� �
3641 SUNRISE LANE OCS
SUNNY ACRES SUBDIVISION
BRIGHTON, CO 80601
3. Service Type
X)f71Zertifletl Mall ❑Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
C>- '- 4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number
(Transfer from service label) 7000 0520 0025 0401 8343
PS Form 3811.August 2001 Domestic Return Receipt 2ACPRI-03-P-4oal
•
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/� Weld County Department of Planning Services 1
�1 Inspection Report 1
imige. 1555 N. 17th Avenue
COLORADO Greeley, CO 80631
Date of Inspection:
pertnit/CaseNo.: O5 CON a14)
Property Owner Name: x The k-\-e. }:
Address:
Upon a visual inspection of the property listed above,the following items were .
noted: us \`a r--,C'.it e ene c •
c1anou
or}b9_3, t - ►•u (\ I-O
______ -
Ins ectionbY l C l ContactName:
p
Contact Phone Number: 970-353-6100 Ext. 3540 ?
,:',':
Copy of this inspection was: O Left on site O Mailed on: '�"� y .�
Pictures on file: XYes
1
iirtso,
I
C DEPARTMENT OF PLANNING SERVICES Code Compliance Division
O Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
COLORADO 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
WELD COUNTY
ZONING VIOLATION NOTICE
July 29, 2003
Mr. & Mrs.Arthur Sanchez
3641 Sunrise Lane
Sunny Acres Subdivision
Brighton, CO 80601
Subject: VI-0300126, Lot 2, Block 5,Sunny Acres Subdivision,Weld County, Colorado
Dear Mr. & Mrs. Sanchez:
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 23-3-30.1 "Noncommercial Junkyard."
To bring your property into compliance with the Weld County Code:
The"Noncommercial Junkyard"consisting of derelict vehicles and miscellaneous debris shalt
be screened from all adjacent properties and all public rights-of-ways.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; is not registered with the State, as required by Section 42-3-103, C.R.S., or by
Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not
permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking
proper equipment to the extent that it would be unsafe or illegal to USE on public road
rights-of-way or otherwise not equipped with lamps and other equipment as required in
Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of
husbandry, farm tractors or vehicles customarily operated in a FARMING operation.
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 rou fail to correct this violation. You have 30 (thirty) days from
July 29,2003, to correct this zoning viciation. Failure to do so will result in this office scheduling the violation
before the Board of County Commiss: :rs'o consider whether to refer the v!clat on to ti la County Attorney's
Office for icigni iction.
Mr.&Mrs.Sanchez
Page 2,VI-0300120
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-0300126
Department of Planning Services
Bruce Barker, County Attorney
14
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division _
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. 3540
Fax: (970) 304-6498
•
June 17, 2003
Mr. & Mrs.Arthur Sanchez
3641 Sunrise Lane
Sunny Acres Subdivision
Brighton, CO 80601
Subject: VI-0300126, Lot 2, Block 5, Sunny Acres Subdivision, Weld County, Colorado
Dear Mr. & Mrs. Sanchez:
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 presence of a"Noncommercial Junkyard"consisting of derelict vehicles. It was noted during
the inspection that the property is currently partially screened; however, the screening is in a state of dis-
repair.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); or is partially or
totally dismantled; or has all or portions of its body work missing or is substantially damaged; or is not
registered with the State of Colorado,as required by Section 42-3-103,CRS,or by Sections 42-3-138 or 42-
12-102, CRS, and/or the number plate assigned to it is not permanently attached to the vehicle,as required
by Section 42-3-123, CRS;or is lacking proper equipment to the extent that it would be unsafe or illegal to
USE on public road rights-of-way or otherwise not equipped with lamps and other equipment as required
in Sections 42-4-202 to 42-2-227, CRS. This definition shall not include; implements of husbandry, farm
tractors, or vehicles customarily operated in a FARMING operation.
SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING
materials or other materials USED with the approval of the Department of Planning Services to lessen the
noise, light, heat or visual impacts of a USE on surrounding USES.
NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are
stored or handled, including but not limited to scrap iron and other metals,paper,rags,rubber tires,building
materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of
DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIALJUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually
SCREENED from all ADJACENT properties and public rights-of-way.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope,
rubber, tinfoil, bottles, old or used machinery of any type; used tools, used appliances; used lumber or
crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit
fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are
so worn, deteriorated, or obsolete as to make them unusable in their existing condition.
airs. 3anunez
Page 2,VI-0300126
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 Salzman�
Zoning Compliance Officer
pc: VI-0300126
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Weld County Department of Planning Services
W�`�c Inspection Report
i o 1555 N. 17th Avenue
COLORADO Greeley, CO 80631.
Date of Inspection:_(
Permit/CaseNo.:
X1— 'IIW i
Property Owner Name: f-- --- P1t l 1I r
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Address t4
t. 1• Upon a visual inspection of the property listed above, the following items wereii
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•
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6229586 Parcel#: 147113105006
�• vrs�cm>maww :a.a>ra�.>,••�-�.—•••,•.:•aa;a�ueue+.armmnavcrmw.n..vr.,.aa��,: •
Tax Area: 2214 Bordering County:
Acres: 2.2
Township RangeSectfon_Quart.Sec. SubdivisonName Block# Lot#
01 - 66 - 13 - 1 SUNNY ACRES - 5- 2
Ytl�/�R1N► �YRWNe.:urek..MIt e.r_err_� '•r�aaNi+a,wa.4r+&w;&IwN.fur r:wrxr :4:tarrr<+,TMuNarr x+glilihYYSR.«-..z..:.....4"•,",•�>4:w
Owners Name&Address; Property Address:
SANCHEZ ARTHUR M&GLORIA Street: 3641 SUNRISE LN WELD
3641 SUNRISE LANE City: WELD
BRIGHTON, CO 80601
Business/Complex:
Sales..Susnmary
SaleDate Sale Price Deod_TYpe Reception.#
$0
Legal„Description
SA5-2 12 BLK5 SUNNY ACRES
Land VaivatienSummiry
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 2.2
Land Subtotal: 2.2 $62,700 $4,990
_Buildl_n_g$Valluation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
Improvements Subtotal: $139,386 $11,100
Total Property Value $202,086 $16,090
•
Building Details
Account#: R6229586 Parcel#: 147113105006
owners.name Address; Property Address:
SANCHEZ ARTHUR M &GLORIA Street: 3641 SUNRISE LN WELD
3641 SUNRISE LANE City: WELD
BRIGHTON, CO 80601
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Split Level Year Built; 1981
Exterior: Frame Hardboard - IIfVAC: Hot Water Baseboard
http://maps.merrick.com/Web s ite/W e l d/se tS q l.asp?c m d=QUERY&DET=PP&pin=1471 1... 12/03/2003
.4.1%..4 IL t\1.JUILa. 1'abe Z
Interior Finish: Drywall Built As SQ Ft: 1920
# of Baths: 2 Roof Type:
#of Bdrms: Roof Cover: Composition Shingle
#of Stories: 1
Rooms: Units: 0
Garage:
Attached SQ Ft: 576 Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
•
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3641 SUNRISE LN WELD
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Status: APPLICANT: ARTHUR &GLORIA ;,4 C0MPLNT • e,
Date 06/1712003 sack stop f— '+
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Parcels Parcel No: }1471-13.1-05-006
People Owner. }SANCHEZARTHUR M&GLORIA 1-
Status: CQMPLNT t` Written By: BJS} i SeclTwn/Rng: 113 01 66_
Description:. )NCJY consisting of derelict vehiclesis reerung tal
Location: )3641 Sunrise Lane SunnyAcres
Zoning Dist AGRI Inspection Area V2 Permit Num: }
App Type: }VI .. ._..f [BCV43LDNG VI0,.VI=Z0NING VI 0,'WCV=WELD VI0'bey+vl7
Bass Code: VI-2_ ---
INONCOMMERCIALJUNKYARD '
Complaint 106/12/2003.... Init: Brig-7 NO VI: L/_/ . Int. '1777
5 Day Letter 06/17!2003..... Init: BJS
Issued 017-7-____ •. Irk: 17T + -•
Inspection: 06!1212003 :. Init. BJS-
BCC Vio: 17:7-7. ' bit r— ..e x
Court: _/`! • Ink I- '`'
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DEPARTMENT OF PLANNING SERVICES
C
Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631
r61d6 Phone: (970) 353-6100, Ext. 3540
COLORADO \I 5/o Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
L ZONING CODE COMPLAINT ❑ Staff/Name: 0 Citizen X Other ill',, kite)
HEALTH DEPARTMENT Citizen's Name(If known): Olean'
WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):_ tC'
BUILDING CODE COMPLAINT
PUBLIC WORKS /PEST&WEEDS
Date Complaint was recet.ved: k o t o-U 5
•nding Case#(i.e. USR,RE, SE,ect...):
gal Description: \-Z*a I'Qj\(ci. ¶SIsAntuA 1k {f Parcel#:11-lit' \•Q5• p'
olation Address: ekpl\\
Dperty Owners Name: Sir("( t>J,� f1/2avLl)-r E, U\CM ca Phone: _
)perty Owners Address: 'Ptl I CO b.re\
nant's Name: Phone:
nant's Address: •JURE OF COMPLAINT: `9. v -c 4— ,1tn{np r> wi' Nil 1 lC t \(2 UC)C1S
nplaint Referred To: Date:
nplaint Referred To: Date:
3itional Notes: tat)
-
led at
no Ion No. Recorder
III QUIT CLAIM DEED
GLORIA MOZENA AND ARTHUR M. SANCHEZ
whose address is 3641 SUNRISE LANE
BRIGHTON COLORADO 80601
County-of WELD ,and-State of
COLORADO
,for the consideration of
TEN DOLLARS AND NO/100 Dollars,in hand paid,
hereby sell(s)and quit claim(s)to GLORIA SANCHEZ AND ARTHUR M. SANCHEZ
whose address is 3641 SUNRISE LANE BRIGHTON, CO 80601
County of WELD ,and State of COLORADO ,the following real I'I
property,in the County of WELD ,and State of Colorado,to wit: I
LOT 2, BLOCK 5, SUNNY ACRES SUBDIVISION, COUNTY OF WELD, STATE OF COLORADO.
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IIlIII IIlI IIIill lIIILIIIII�IIiIIII��l III I�I')II'I IllI
2669070 01/28/1999 01:41P Weld County CO I',I
1 of 1 R 6.00 D 0.00 JA Sukl Tsuksmoto
1.1
also known as street and number 3641 SUNRISE LANE BRIGHTON, CO 80601
with all its appurtenances
Signed this 25TH day of JANUARY ,l9 99
N c f
GI„�I MO'ENA
P', ^1,'z,'•., ARTHUR M. SANCHEZ
... ..,:
2 i 10JTA17,-
ST.TaFCOLORADO, lI
es.
�f -7,;akµnty of BOULDER
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The foregbfiig instrument was acknowledged before me this 25TH day of JANUARY
1999 by GLORIA MOZENA AND ARTHUR M. SANCHEZ
My commission expires 7/23/2001
WITNESS my hand and official seal. C_12 11
ry
No.898.Rev.2.85. QUIT CLAIM DEED(short form,
Bradford Publishing,(743 W,,.SI.,Dol.,.CO 4AID7—13131292.2500—789
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