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Home My WebLink About20031754.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST BECKY HOLLOWY AND HERSCHEL HOLLOWAY 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, Becky Holloway and Herschel Holloway, VI #0300042, 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 8th day of July, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Becky Holloway and Herschel Holloway, property owners, were 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 November 8, 2003, to allow adequate time for the property owners to apply for a Use by Special Review Permit 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 #0300042 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Becky Holloway and Herschel Holloway 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 November 8, 2003, to allow adequate time for the property owners to apply for a Use by Special Review Permit. 2003-1754 PL0824 6( PL(- )/ 6i/ VIOLATIONS -VI #0300042 - BECKY HOLLOWY AND HERSCHEL HOLLOWAY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS Medieei WELD COUNTY, COLORADO ATTEST: FxcusFn vid . on Chair Weld County Clerk to the Board t • Robert D. asden, Pro-Tern o the Board ---- 452 .' •• -?. `1 r Willia H. Jerke ;:•'-� •"tome a A.ul O.& Glenn Vaad Date of signature: Q/?Py 2003-1754 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Ms. Becky Holloway and Mr. Herschel Holloway Violation: VI-0300042 Address: 25868 CR 48, Kersey, CO 80644 Legal: Lot B of RE-2820 also known as part of the N2NE4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado Location: North: South of and adjacent to CR 48; approximately 3 miles South of Kersey South: Approximately 15 miles North of 1-76 East: Approximately 500 feet West of CR 53 West: Approximately%mile East of CR 51 Parcel Number: 1053-08-0-00-050 Acreage: 4.68 +/- Certified mail date: May 23, 2003 Received: 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 with the Weld County Code, the commercial trucking operation shall be removed from the property or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for legal action, but to delay legal action for 30 days to allow the applicant reasonable time to submit the completed application to the Department of Planning Services for review. CASE HISTORY March 4, 2003 Initial complaint received. March 5, 2003 Initial inspection completed. March 5, 2003 Five day compliance encouragement letter issued. March '.7, 2003 Viola?ion letter issued. May 23, 2003 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2003-1754 Kik -;Nr,.,s DEPARTMENT OF PLANNING SERVICES Code Compliance Division ' WWW.CO.WELD.CO.US C E-mail Address:Avenue, bsalzman@co.weld.co.us eld.co.us O 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100 COLORADO Fax (970) 304-6498 • May 23, 2003 Ms. Becky Holloway - - Mr. Herschel Holloway 25868 CR 48 Kersey, CO 80644 Subject: VI-0300042, Lot B of RE-2820 also known as part of the N2NE4 of Section 8, T4N, R64W of the 6' P.M., Weld County, Colorado Dear Ms. Holloway and Mr. Holloway: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 8,2003;at 10:00 a.m.,to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article Ill, Div 1 "A(Agricultural) Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.R "Any use permitted as a Use by Right,an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: The commercial trucking operation shall be removed from the property or a Use by Special Review (as previously provided) application shall be completed and submitted for review by the Department of Planning Services. It is my understanding that you are already in the process of compiling a complete application for submitting. For questions, I would suggest that you come to the office and speak to one of our"On-Call Planners" (Monday - Thursday, 7:30 a.m. - 4:00 p.m. or Friday, 12:00 p.m. - 4:00 p.m.) No appointment is necessary because individuals are seen in the order they sign in. Additionally,to save time for you and the planner, please bring this letter with you to the office. If the Use by Special Review is completed and submitted prior to July 7,2003,the Violation Hearing will be cancelled. This meeting will take place in the County Commissioners' Hearing Roc, -'rst Floor, Weld County Centennial Center, 915 10th Street, Greeley, Coiomdo. It's recommended that you or a :cpresentat:ve be in attendance to answer any questions the Board of County Commissioners micht have about the violations. Ms.Holloway and Mr.Holloway Page 2,V1-0300042 Please also be advised that I.will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services'staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salzma Zoning Compliance Officer _ pc: VI-0300042 Department of Planning Services Bruce Barker, County Attorney U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) r^i ru to ll3 Postage $ O Certified Fee Postmark Return Receipt Fee Here • (Endorsement Required) ru O Restricted Delivery Fee O (Endorsement Required) Total Postage a Fees ru to Recipient's Name (Please Print Clearly)(To be completed by mailer) CI MS. BECKY AND HERSCHEL HOLLOWAY Street,Apt.No.;or PO Box No. 0 25868 CR 48 a City,State ZIP*4 r' KERSE'Y CO 80644 -S Form 3800,February 2000 See Reverse for Instructions SERVICE,TE.<v["n ORiC,^YTEGRlT:'.QUALITY Q 3 DEPARTMENT OF PLANNING SERVICES O Code Compliance Division WIliWebsite: 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 March 17, 2003 Ms. Becky Holloway Mr. Herschel Holloway 25868 CR 48 Kersey, CO 80644 Subject: VI-0300042, Lot B of RE-2820 also known as part of the N2NE4 of Section 8, T4N, R64W of the 6th P.M., Weld County, Colorado Dear Ms. Holloway and Mr. Holloway: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article Ill, Div 1 "A(Agricultural) Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses," Section 23-3-40 "Uses by special review." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: The commercial trucking operation shall be removed from the property or a Use by Special Review (as included with this letter) application shall be completed and submitted for review by the Department of Planning Services. For questions, I would suggest that you come to the office and speak to one of our "On-Call Planners" (Wednesday, 7:30 a.m. - 4:00 p.m. or Monday or Friday, 12:00 p.m. - 4:00 p.m.) Additionally,please be advised that we have opened another location to better serve the public. Our other office is located at 4209 WCR 24.5 (East of I-25 and North of Highway 119). The Southwest office is open on Tuesdays and Thursdays, 8:00 a m. -4:00 p.m.. No appointment is necessary at either location because individuals are seen in the order they sign in. Additionally, to save time for you and the planner, please bring this letter with you to the office. Mr.8 Mrs.Holloway Page 2,VI.0300042 COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural)Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to a condition of a DERELICT VEHICLE. 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(sue)days from-March 21, 2003, to correct this zoning violation. Failure to do so will result in this office schedulirig the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. - —c 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, lacitaw0aptroN, Bethany Salzman Zoning Compliance Officer pc: VI-0300042 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY 6 pg DEPARTMENT OF PLANNING SERVICES Code Compliance Division ' Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 17th Avenue, Greeley, CO 80631 • 1555 N.Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO -t March 5, 2003 Ms. Becky Holloway Mr. Herschel Holloway 25868 CR 48 Kersey, CO 80644 Subject: VI-0300042, Lot B of RE-2820 also known as part of the N2NE4 of Section 8,T4N, R64W of the 6th P.M., Weld County, Colorado .V Dear Ms. Holloway and Mr. Holloway: 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 operation of a commercial trucking business. Semi trucks and trailers are considered "Commercial Vehicles"through the Weld County Code and as such require special permits. For questions, I would suggest that you come to the office and speak to one of our"On-Call Planners" (Wednesday, 7:30 a.m. -4:00 p.m.or Monday or Friday, 12:00 p.m.-4:00 p.m.) Additionally, please be advised that we have opened another location to better serve the public. Our other office is located at 4209 WCR 24.5 (East of I-25 and North of Highway 119). The Southwest office is open on Tuesdays and Thursdays,8:00 a.m.-4:00 p.m.. No appointment is necessary at either location because individuals are seen in the order they sign in. Additionally, to save time for you and the planner, please bring this letter with you to the office. 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-0300042 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY Fat _ — • j1 • .. ti Computer " - - Con t - ArcView _ ,.:,, T -Ptus._ =-...- e: else: ▪ - .P =L' - htxnb_ F. ?AIMS - Citrix ICA Client —•Jll-•vCvvY.cT.v YY YSVI.ta•.LV..:. —_-- _-._...-_._-.._-_- i File Maltitenance a <_ I � r:Cance) STR 08-114-6k iiiii Lev • • 73.913000 Owner Nwrie/Add ess . .. Y y -� �,_' Network' a Account M1 HOLLOWAY BECKY J Legal Descupt on �, Neighborhood -- 4 80532201 :M 25868 COUNTY RD 48 �. PT•N2NE4 64 LOT NCC EX MPT3 'KERSEY CO 80644 ,,•' ; [_32R3 SITUS;..2585$-48 ELD . Year District _ --.., 2003 0742 • = - _ ▪ - - - -- :-4:-. .-- Dist S :Fy z • • 0 .::••::!ifi•.:.::i..-.,:-..,.., te A rDst t Re Bing - - - -- -- -_ - -- _ -- cyde. - _-- -- - -- ; ::; - MH Space a - Parcel Number - _ 1053 8 0 00 050 y ... ........ .._ . . r ...7'.--7.*- - -Street Drr Noll Street Name Type .y - =,,T .' - �- ` t;... _ _ - _� ,:F7.t 25868 48 CR �m:'-x'• :▪,-.:.'.L::-'-x.91._. i? Acct L - catiZip Type a t �;=Location City Location - - ▪ 4.�_.� -�;4= � :�=�f WELD Residential .i.� BACode 'Owner Id Owner Location Map No - `y�� r_. 2271 �iYr. Business Name Version V. Date ` _Tune ID-f Appl aNew 91. (0— 20030228131 ,-28 FEI3=2003 06.5;PM BAD E•XTN .2003030 Print Screen : r = r Name _.r Tax Itemxr Protest ail::: TYPE ACTUAL ASSD ACRES SQ F r Srtus "r PrelSuc:j""Mobile Authr Personal al, _ LAND 37 440 3.430 4:680 - r Mabrle Remarks IMPS 121-016 .11;070 r— r Value-- :::-r Oil and Gas _ rTract -r-Tai:Sale r..Recordrgdi. 4- p r Condo' r'Spc•Asmt r Control Iml Print Screen (TOTAL 158:4561 14,500 To riler Ejock-::<r Mines - Hr tQr- ..- . ,:.. _ r Sales j -SrbTi rg r"Sketch '- es Quen r ±l!=c t '; r: Exemption STREET V� -Current Year Prior Version 7.. .._.; sue• .. ._. - ' ,. . . -..'...:...__ __ _ - Prior Year NeUt Version Abate . Next Year Characteristic: Propert ear x .- l p rcelsf;aleM-in[en•nce "! Parcel No Jiosa 08 0 00 050 K 'e AItKey.840408 g i,= ° �: s:4 -yl.dat e a- aExit1 } Primary Address , - , General lnformatron M No "Drr_LSteetName Cdyld z-`faSubdivision Fraot .Select'An A�eess - ,..,,.,,,,,„:„,,,..,..-.„..1 ar.. _ .�r � , A 468 ,. Sltu`us zk ,a . • .• °� x^ n?2-1,171r-- AURI, is ��I 125868 48 CR WELD �.'V ctj �,:I ' s Primary Owner'Inforrmationt "' ,� '�. ' 1- 1 :t ,m =-is {" .79°� 47.11-7; 2*LeaalD 4lption . , -.4. '- w 1 V e'lii3:;;Tii--4-7.;;Name HOLLcutAY BECK_ Y J & PT N2NE4 8.4-64 LOT B REC EXEMPT RE-2820 ., Tess 1.1HOLLOWAY HERSCHEL E „e(.32R1 SITUS:25868 48 BC RR WELD Address'2;25868 COUNTY RD 48 r Address 3'IKCIiS'c Y CO 'e> Zip 80644 ; �1s .4_44..__,3,‘ e� ‘ Phonel') s z" . :,itAe.RAJ0742 Es:: r Hone 2.! .M a x zx.� -. ,� ttyw l -x• . .,�,. S�atus ACTIVE '�4 out Owned Notation: • — 7 ii , ((ggrr.� .may ..c._. +�_,r,,....., �-a.-.a�.,.p P..��r� �-:_ �. s.a y a -� �x^^_.iT.�F:' •�-s�.a...,- 'Ft�� ! '7'( ''1T Y. y.ti. .E'fiyt`.'^. R::fi-R 'r« F (:• }}.b. `Y°ufi'.Y'-.a„ —.c°'<'.,."i,.:r r �41C:t;x ^*r- 1^ � -. ilk � ��..: r r� >' r u.� �r"... �,.�.: y «� _-......_- _ _ �r.' . ':rt-., r . .a•ay...t_ -.—..-_. �I.. ... .. Yt.r.Y:tn:iaY4 L'.....: ..rr,�A':J1Si .�_�.S7T`s oCidci� Permit N: 1Vl-U300042 Address:125868 CR 48 WEL „ ,-r. y r Status: [CO HPLNT APPLICANT:'HOLLOWAY BECKY&HERSCHEL k '" ,. , ' Back Stop rT ` r, _ . Date: '03,04/2003 ti �!,- �, , . .. ..� r �� U xM I � Ems, iii oK Dese Screen People Doc Cond L1 HdN Insp Appr Loc Relate I I I I I I ' •... .. •TM a II • I �i-� .I .L• Liy.CA ran rc R �+•Y•.. ite I update 7 I t* Exit Back Parcels Parcel No: 11053-08-0-00-050 People Owner: JHOLLDWAY BECKY J& r Status: ICOMPLNT J Written By: J-BJS Sec/Twn/Rng: 108 04 64 Description: 'Commercial Trucking Operation Location 125868 CR 48 WEL Zoning Dist: A.GRI Inspection Area V3 Permit Num: I App Type: 1VI J (BCV=BLDNG VII,VI=ZONING VIO.WCV=WELD VI "bcv+vi") Class Code: 1Vi-6 ' - IBUSINESS Complaint: 103/04/2003 !nit: INS NO VI: L i_'_-, Ind: 1 `-. 5 Day Letter: 1U3/04/2003 !nit: 18JS -.. Issued: J_/,_._!� !nit: I Inspection: I Li. !nit 1------ BCC Via: E I___/ 'nit: I . . , Court: Li I nit: I Closed BCV: 1_/_/ Init: I Closed VI: i I_1 !nit: I -=.'t�: �1 4 • .. y .�. .....r- " •�— Lam---" --"�„„'w'� �. _=- _ dew, - .�• =• _ "=••. ;-.;-.:;..7 .� r � 1 n i'A.•— 3 •— , _ 1•(� 1 13 �. a •. - )--.4•‘. ),.r31-214-• -i• ',..- ,01-4-• r 7 .d, �11 n - # r •• — • / I I .6 A -, I a = .s_ .... �E rte • x _ r . i r ft" , ..wk" t .Iv' , i �I � a fr/ - t _ifie r 't!u - . 371 _ _ / y`— • DEPARTMENT OF PLANNING SERVICES Greeley, COCode Compliance Division 1555 N. 17th Avenue, C 80631 Phone: (970) 353-6100, Ext. 3540 • Fax: (970) 304-6498 COLORADO •ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: 4 ZONING CODE COMPLAINT c Staffmame: it Citizzeen ^❑ Other: Ci 7 HEALTH DEPARTMENT Citizen's Name(If known). F-C a 1t rat ): 1 7 WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known 3 BUILDING CODE COMPLAINT PUBLIC WORKS/PEST&WEEDS 2 Date Complaint was received: '1-4-05 lending'ending Case#(i.e. USR,�, a,RE, SE, ect...): t, 1PliaA c^ _egal Description: A:T TJc `'�' Z N. a��`"M DC t59 TLI Parcel#: `V.��'O Q' f Th G` O Violation Address: (X)>11iN��,o9 C-9.1 { ?roperty Owners Name: ACA. `l�Ll L3 1 Z QLR\ \A PS Phone: ?roperty Owners Address: '.�d-�t W Thrat oL\Lk T'enant's Name: Phone: Tenant's Address:NATURE OF COMPLAINT: 1 c\ \i tiY ULOLIA \D3T) 1 -22.) (.G' MIN a dal.A. Cc-c\per (nAir becY-Acr,Sy to livca.in. Complaint Referred To: Date: .mplaint Referred To: Date: A _ditional Notes: 112163 IIIII IIIIIII III 1111111 IIiI 111111 III 11111 IIII ill S87 2928387 02/20/2002 01.30P JA Sew Teukemoto 1 of 1 R 8.00 D 23.00 Weld County CO - Filed for record the day of ,A.D. _, at o'clock M. RECORDER Reception No. By DEPUTY. WARRANTY DEED State Documentary Fee THIS DEED, Made on this day of February 01.2002 Date between MICHAEL E.PHELAN AND ROBERTA J.PHELAN '-1).' ).i.QC) a of the County of WELD and State of Colorado , of the Grantor(s), and BECKY J.HOLLOWAY AND HERSCHEL E.HOLLOWAY A.Sob 44 ,A • _ • whose legal address is : 25868 WCR 48,KERSEY,CO BOON 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 ( $230.000.00 ) • ***Two Hundred Thirty Thousand end 00/100 sew • 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 canon 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 es follows: • LOT B.RECORDED EXEMPTION NO. 1053-08-I-RE-2820,ACCORDING TO PLAT RECORDED NOVEMBER 15.2000 AT • RECEPTION NO.2806939.BEING LOCATED IN THE NE 1/4 OP SECTION 8,TOWNSHIP 4 NORTH.RANGE 64 WEST • OF THE 6TH P.M..COUNTY OP WELD,STATE OF COLORADO • also known as street floater 25868 WCR 48,KERSEY ,CO 80621 TOGETHER with all and singular and heraditaments and appurtenances thereto 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(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 end 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 fors 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, SUBJECT TO GENERAL TAXES FOR THE YEAR 2002;AND EASEMENTS,RESERVATIONS,RESTRICTIONS.COVENANTS AND • RIGHTS OP WAY OP RECORD,IF ANY;AND DISTRIBUTION UTILITY EASEMENTS;AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE;AND INCLUSION OP THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT:AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS,IF ANY. 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 pert 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 Grantors) has executed this deed on the date set forth above. rTh MI HAEL .PH LAN ETA o AOB TAI.PHE STATE OF Colorado ) )ss. County of WELD ) i The foregoing instrument was acknowledged before me on this day of February 01,2002 , by MICHAEL E.PHELAN AND ROBERTA J.PHELAN i. My commission expires - Witness my hand a•• ficial heal. SALLY J.TOWER `tar Public • u . .. ' I Name one Andress of Pe -oRt2ri x f t�ICLO�OLLeeda Decor i. ion ( 38-35-106.5, C.R.S.) Eacrowf FCD25006A29 My Cynm�r jCCNIOn c.,.;.,,n- "h_. Recorded Return to: 5ECKY J. HOLLOWAY RN) HERSCHEL ?. Title', AC25006429 APrs r 2003 nOLLOWAY I. 25868 WC8 A8 • Form Ho. ?ZIA Rey :-9A, ',ARRANT( JED ;Joint hrants WOJT1)"AV CER SEY r mm Hello