HomeMy WebLinkAbout950184.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST LARRY AND STACY DITTER FOR VIOLATIONS OF THE WELD
COUNTY ZONING ORDINANCE
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, Larry and Stacy Differ, VI #2143, are allegedly in violation of the Weld County
Zoning Ordinance, and
WHEREAS, on December 13, 1994, a public hearing was held before the Board of County
Commissioners, at which time said matter was continued to January 10, 1995, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 10th day of January, 1995, a public hearing was held before the Board
of County Commissioners for the purpose of hearing any testimony relating to said violation, and
WHEREAS, Stacy Ditter was present at said hearing, and
WHEREAS, at said hearing the Board of County Commissioners delayed referral of said
violations to the Weld County Attorney's Office to allow the property owners adequate time to apply
for a Special Review Permit, and
WHEREAS, the Board deems it advisable to proceed with legal action against the above
named individuals without further Board action if the Special Review Permit is denied.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that if said Special Review Permit is denied, the Weld County Attorney be, and
hereby is, authorized to proceed with legal action against Larry and Stacy Ditter to remedy the
violations of the Weld County Zoning Ordinance, 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.
950184
PL0824
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VIOLATIONS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of January, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Aza
Weld County Clerk to the Board
BY: aP /Jrt--f
Deputy Clerk t the Board
APP= !VED AS TO FORM:
ou ty Attorne
UTr
V
Dale K. Hall, Chairmar
FXCI 1SFll IIATF CIF SIfNINC1
BarbarsJ Kirkmeyer,%Prc-Tem
.</-
eorge /Baxter
(AYF)
7.'a
Constance L. Harbert
W. . Webster
950184
PL0824
DATE: January 4, 1995
VIOLATION NUMBER: V1-2143
NAME: Larry and Stacy Diner
ADDRESS: 16928 Hwy 392
Greeley, CO 80631
LEGAL DESCRIPTION: NE4ME4 of Section 23, T6N, R66W, of the 6th P.M., Weld County, Colorado.
CASE SUMMARY
May 24, 1994 Five day compliance encouragement letter issued.
May 27, 1994
May 31, 1994
June 24, 1994
June 30, 1994
August 22, 1994
August 26, 1994
September 2, 1994
October 12, 1994
November 16, 1994
November 28, 1994
Conversation with property owner.
Conversation with property owner.
Conversation with property owner.
Conversation with property owner.
Conversation with property owner.
Conversation with property owner.
Conversation with property owner.
Violation letter issued.
Property inspected. Property still in violation.
Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
December 13, 1994 Case continued to January 10. 1995, hearing.
December 29, 1994 Property inspected. Property still in violation.
December 29, 1994 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
The commercial business is a violation of Section(s) 31.2 of the Weld County Zoning Ordinance. To correct
the violation a Use by Special Review permit would need to be applied for, approved and all conditions met
or the commercial business would need to be removed from the property.
The Department of Planning also recommends that the County Attorney Authorize legal action against 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. 9501e4
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COLORADO.
December 29, 1994
DEPARTMENT OF PLANNING SERVICES
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 60631
Larry and Stacy Ditter
16928 HWY 392
Greeley, CO 80631
Subject : VI -2143 Zoning Violation on a parcel of land described as the NE4,NE,4 of section 23, T6N.
R66W", of the 6th P.M., Weld County Colorado.
Dear : Mr. Diner
As of December 29, 1994, the above property remains in violation of the Weld County Zoning
Ordinance. This case was continued from the December 13, 1994, hearing and has been scheduled for
die hearing with the Board of County Commissioners on Tuesday, January 10, 1995, at 1:30 p.m. to
consider this Zoning Violation. The property will be reinspected on January 9, 1995, to determine
compliance and if the uses on the property are not in compliance at the time of the inspection, then the
Zoning Violation will be considered by the Board of County Commissioners at the hearing. If the
property is in compliance then it will not be necessary for you to attend the hearing. This hearing will
take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915
Tenth 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 violation and uses on
the property.
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, the action necessary to correct
the violation, and that you were given sufficient time to remedy the violation.
If you have any questions concerning this matter, please call me.
Respectfully,
Barry amer
Buil mg Inspection Technician
950184
I IT
INSPECTION REPORT
NAME: Larry and Stacy Diner
LEGAL DESCRIPTION OF PROPERTY: NE4/NE4 of Section 23. T6N. R66\V of the 6th P.M.. Weld
County, Colorado.
DATE: December 29, 1994
CASE NUMBER: V1-2143
The property was reinspected to determine compliance with section 31.2 of the Weld County Zoning
Ordinance. The property is not in compliance at this time. A commercial business is still being operated from
the property ie: ( Ditter Excavation ) without a Use by Special Review Permit being applied for and approved
by the Department of Planning Services. This case was herd by the Board of County Commissioners at the
December 13, 1994, violation hearing and was continued to the January 10, 1995 hearing to allow time for
the property owners to file a application with this office. The case has been rescheduled for the January 10,
1995, hearing.
Barry Kramer
Building Inspection Technician
950184
1II
DATE: December 7, 1994
VIOLATION NUMBER: VI -2143
NAME: Larry and Stacy Diner
ADDRESS: 16928 Hwy 392
Greeley, CO 80631
LEGAL DESCRIPTION: NE4/NE4 of Section 23, T6N, R66W, of the 6th P.M., Weld County, Colorado.
(-Asp SUMMARY
May 24, 1994 Five day compliance encouragement letter issued.
May 27, 1994 Conversation with property owner.
May 31, 1994 Conversation with property owner.
June 24, 1994 Conversation with property owner.
June 30, 1994 Conversation with property owner.
August 22. 1994 Conversation with property owner.
August 26, 1994 Conversation with property owner.
September 2, 1994 Conversation with property owner.
October 12, 1994 Violation letter issued.
November 16, 1994 Property inspected. Property still in violation.
November 28, 1994 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
The commercial business is a violation of Section(s) 31.2 of the Weld County Zoning Ordinance. To correct
the violation a Use by Special Review permit would need to be applied for, approved and all conditions met
or the commercial business would need to be removed from the property.
The Department of Planning also recommends that the County Attorney Authorize legal action against any
other persons occupying the properties, any persons claiming an interestinthe properties, and any persons
acting in active concert with the identified parties.
rY3O
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11111De
COLORADO
November 28. 1994
DEPARTMENT OF PLANNING SERVICES
PHONE 13031 353.3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
Larry and Stacy Diner
16928 HWY. 392
Greeley, CO 30631
Subject : VI -2143 Zoning Violation on a parcel of land described as the NE4NE4 of Section 23, T6N,
R66W. of the 6th P.M., Weld County, Colorado.
Dear: Mr. Ditter
As of November 28, 1994, the above property remains in violation of the Weld County Zoning
Ordinance. I have scheduled a hearing with the Board of County Commissioners on Tuesday, December
13, 1994, at 10:00 a.m. to consider this Zoning Violation. The property will be reinspected on December
12, 1994, to determine compliance and if the uses on the property arc not in compliance at the time of
the inspection, then the Zoning Violation will be considered by the Board of County Commissioners at
the hearing. If the property is in compliance then it will not be necessary for you to attend the hearing.
This hearing will take place in the County Commissioners' Hearing Room, first floor, Weld County
Centennial Center, 915 Tenth 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
violation and uses on the property.
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, the action necessary to correct
the violation, and that you were given sufficient time to remedy the violation.
If you have any questions concerning this matter, please call me.
Respectfully,
Barry Kr
Building Inspection Technician
950184
1T
INSPECTION REPORT
NAME: Larry and Stacy Diner
LEGAL DESCRIPTION OF PROPERTY: NE4/NE4 of Section 23, T6N, R66W of the 6th P.M.,
\Veld County, Colorado.
DATE: November 16, 1994
CASE NUMBER: VI -2143
Inspected property to determine compliance. The property is not in compliance at this time. The commercial
operation ie:(Ditter Excavation) is still being operated from the property without the proper permits. There
has been no contact between Mr. and Mrs. Diner and the Planning Department since the September 9th
conversation between Katy Diner and Todd Hodges current planner and no USR application has been filed
with this office.
Barry Krather
Building Inspection Technician
RILW184
1T
COLORADO
DEPARTMENT OF PLANNING SERVICES
Rw.CNE ;303)353-M45. EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO SC62;
WELD COUNTY
ZONING VICLATICN NOTICE
Date: Cctocer __, 1994 Violation Nu -the:: 7_-2'42
Name: Larry and Stacy
Address. 169_3 aNY 392
G-en'ey, CO 80631
Legal Description: NE NE of Section 23, T6N, R66W of the 6TH P.M., Weld County
Colorado.
The uses on the above described property are being considered as zoning
violations of Section 31.2 of the Weld County Zoning Ordinance.
A commercial business ie:(Ditter Excavation) being operated from the property
without the proper zoning permits. This is not a use allowed by right in the A
(agricultural) zone district.
To correct the violation a Use by Special Review Permit or a Change of Zone
application would need to be applied for, approved and all conditions met or
the use would need to be removed from the property.
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 until November 12, 1994 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.
This office is ready to be of any assistance in clarifying or answering
questions concerning this matter. Please call or writ_ the Department of
Planning Services' office.
Barry Kammer
Building Inspection Technician
pc: Todd Hodges
Current Planner
950184
TIT
TELEPHONE
WELD COUNTY DI '.TMENT OF PLANNING SERVICES' CI EN INQUIRY FORM
1400 N, .111. 17TH AVENUE. GREELEY. COLOR.._. 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978/
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C OFFICE FIRST INQUIRY? C YES D/NO DATE: /,'- !`e"/
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NAME:
ADDRESS:
TYPE OF INQUIRY
PHONE 0:
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❑ AMENDED RE
❑ SE
❑ AMENDED SE
❑ SITE PLAN REVIEW
❑ REZONING
O PUD SKETCH PLAN
❑ PUD DISTRICT
❑ PUD FINAL PLAT
PERSONNEL
O Keith Schuett
O Sharon White
ITEMS DISCUSSED:
❑ SKETCH PLAN
❑ PRELIMINARY PLAN
❑ FINAL PLAT
❑ RESUBDIVISION
❑ FHDP
O GHDP
O USR
O AMENDED USR
O USR MINING
❑ USR MAJOR FACILITY
❑ USR DISPOSAL SITE
0
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O Greg Thompson 0 Gloria Dunn
O Barry Kramer 0 Chuck Cunliffe
MINOR SUB SKETCH PLAN
MINOR SUB FINAL PLAT
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BUILDING PERMIT
SETBACKS/OFFSETS
HOME OCCUPATION
VIOLATION
OTHER
/Todd Hodges
AVAILABLE OPTIONS:
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CONCERNS:
ACTION TO BE TAKEN:
Time spent
Staff Member's Initials
950184,
TELEPHONE C OFFICE FIRST INQUIRY? C YES ❑ NO DATE:
NAME:
ADDRESS:
TYPE OF INQUIRY
O MHZP
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❑ RE
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❑ AMENDED SE
❑ SITE PLAN REVIEW
❑ REZONING
O PUD SKETCH PLAN
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❑ PUD FINAL PLAT
PERSONNEL
❑ Keith Schuett
O Sharon White
ITEMS DISCUSSED:
Mr.
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WELD COUNTY DE' 'TMENT OF PLANNING SERVICES' CI- 7N INQUIRY FORM
1400 17TH AVENUE, GREELEY, COLORA_- 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 /
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0 -Ch Cunliffe 0
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AVAILABLE OPTIONS:
CONCERNS:
ACTION TO BE TAKEN:
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Time spent Staff Member's Initials
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/ • TELEPHONE C OFFICE
NAME:
ADDRESS:
TYPE OF INQUIRY
WELD COUNTY DP FMENT OF PLANNING SERVICES' CL' °S INQUIRY FORM
1400 \ :H. 17TH AVENUE, GREELEY. COLOR . 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
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❑ PUD FINAL PLAT
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❑ Sharon White
ITEMS DISCUSSED:
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WELD COUNTY D➢ TRENT OF PLANNING SERVICES' C' 5N INQUIRY FORM
1400 L.1H. 17TH .AVENUE, GREELEY, COLOR._ . 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
C TELEPHONE \C OFFICE
NAME:
FIRST INQUIRY? G YES Z NO
ADDRESS:
DATE:
PHONE ::
TYPE OF INQUIRY
❑ MHZP
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❑ RE
❑ AMENDED RE
❑ SE
❑ AMENDED SE
O SITE PLAN REVIEW
O REZONING
❑ PUD SKETCH PLAN
❑ PUD DISTRICT
❑ PUD FINAL PLAT
PERSONNEL
❑ Keith Schuett
❑ Sharon White
ITEMS DISCUSSED:
❑ SKETCH PLAN
❑ PRELIMINARY PLAN
❑ FINAL PLAT
❑ RESUBDIVISION
❑ FHDP
❑ GHDP
❑ USR
❑ AMENDED USR
❑ USR MINING
❑ USR MAJOR FACILITY
❑ USR DISPOSAL SITE
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VIOLATION
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❑ Greg Thompson ❑ Gloria Dunn 4Todd Hodges
O Barry Kramer ❑ Chuck Cunliffe ❑
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AVAILABLE OPTIONS:
CONCERNS:
ACTION TO BE TAKEN:
Time spent .5-97
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Staff Member's Initials /`
-150184
WELD COUNTY DE- _'TME?:T OF PLANNING SERVICES' CI.' INQUIRY FORM
1400 V..H. 17TH AVENUE. GREELEY. COLORi. _ 80031
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
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d. TELEPHONE : OFFICE FIRST INQUIRY? C YES k NO DATE:
NAME: _
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TYPE OF INQUIRY
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❑ REZONING
C PUD SKETCH PLAN
C PUD DISTRICT
❑ PUD FINAL PLAT
PERSONNEL
❑ Keith Schuett
❑ Sharon White
ITEMS DISCUSSED:
❑ SKETCH PLAN
❑ PRELIMINARY PLAN
C FINAL PLAT
C RESUBDIVISION
FHDP
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USR
❑ AMENDED USR
❑ USR MINING
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❑ USR DISPOSAL SITE
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MINOR SUB FINAL PLAT
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❑ Barry Kramer 6 Chuck Cunliffe 0
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ACTION TO BE TAKEN:
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950184
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WELD COUNTY DE.--ITMENT. OF PLANNING SERVICES' CL' EN INQUIRY FORM
1400 N. .H. 17TH AVENUE, GREELEY. COLORt.: 80631
PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978
C TELEPHONE
NAME:
ADDRESS:
TYPE OF INQUIRY
OFFICE FIRST INQUIRY? C YES
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❑ SITE PLAN REVIEW
❑ REZONING
p PUD SKETCH PLAN
❑ PUD DISTRICT
p PUD FINAL PLAT
PERSONNEL
❑ Keith Schuett
p Sharon White
ITEMS DISCUSSED:
AVAILABLE OPTIONS:
C NO DATE:�`'�
PHONE 0: ' `^' _ %Z•
C SKETCH PLAN
C PRELIMINARY PLAN
❑ FINAL PLAT
❑ RESUBDIVISION
❑ FHDP
C GHDP
❑ USR
C AMENDED USR
❑ USR MINING
C USR MAJOR FACILITY
p USR DISPOSAL SITE
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p Barry Kramer
CONCERNS:
ACTION TO BE TAKEN:
Time spent
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MINOR SUB FINAL PLAT
ZONING
ADDRESSING
BUILDING PERMIT
SETBACKS/OFFSETS
HOME OCCUPATION
VIOLATION
OTHER
❑ Gloria Dunn a Todd Hodges
❑.Chuck Cunliffe ❑
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Staff Member's Initials
2:0184
WELD COUNTY DF '.TMENT OF PLANNING SERVICES' C= EN INQUIRY FORM
1400 N .f H. 17TH AVENUE, GREELEY, COLOR,__, 80631
PHONE: (303) 353-6100 EXT. 3540 FAN: (303) 351-0978
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❑ TELEPHONE 0 OFFICE YL,' RST INQUIRY? C YES C NO DATE:
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TYPE OF INQUIRY
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❑ SITE PLAN REVIEW
❑ REZONING
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❑ Keith Schuett
❑ Sharon White
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ITEMS DISCUSSEii___W(.1 4r/
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COLORADO
May 2. l904
DEPARTMENT OF PLANNING SERVICES.
P-7cNE .202)
C.._. -
Larry and Stacy Ditter
1692S Highway 392
Greeley, ro 80631
Subject: C-94-99 Property located at part of the NEa of -Section 23, T6N, lltu'••
of the 6th P.M. , Weld County, Colorado.
Dear `lestrs. Ditter:
It h:• come to the attention of the Department of Planning Services' staff that
the uses nn your property may not be in compliance with the Weld County Zoning
0r�i.:arse- The potential noncompliance with the zoning ordinance is a
cc:structiun company being operated from the property without a zoning permit.
This is not a use allowed by right in the A (Agricultural) zone district.
Please Cali Todd A. Hodges, Current Planner, within five working days of the date
of this letter to review the Planning Department's concerns.
Sincoraly.
Barry/Kramer
Building Inspection Technician
pc: Todd A. Hodges, Current Planner
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LARRY DITTER AND STACY E DITTER
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8 1440 REC 02387259 05/06/94 16:34 $10.00 1/002
l 1489 MARY ANN YEUERSTSIN CLERK 6 RECORDER WELD CO, CO
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B :440 REC 02387259 05/06/94 16:34 510.00 2/002
Y 1490 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO
YSN:BIT A TO WARRANTY TEES)
DATED: MAY 2, 1994
GRANTOR: BESSIE IL:RIDGY
GRAMMY: LARRY DI7TER AND STACY S. OITTYR
{6TAT PART OF TEX NZ 1/4 OF THI NI 1/4 or 6SECTIONTOWNSHIP
WEST OF THA 6627[ P.M.P.M.• WELD COUNTY, COLORADO. LYING NORTH OF THE NCNB= 2
DITCH =CET. THAT PORTION CCCSNEGID TO WELD CCUNTI BY DEED RECORD= =NARY 17,
1955 IN BOOK 1409 AT PAGE 243 DYSCRIem AS ►CLLOW3: SGDOI23C AT A A)INT OW
TIES I. LINE 07 3YCION 33, TOWN3NIP 6 NORTH. BANOS 66 WEST, FRCS WHICH THE WE
S. 599 L' W.,ACOIS§ 07 �D
DISTAYCY OF 225.0 FEST; 2. THINCISTANE. N 4551.5' N., AOF 90 FIAT: 1. DISTANCE 01
70 6 '30'! . W D 1, A DISTANCE OF 101.39EET:5. TRENCE,S. 6927.7 041'•
81513WY.. A O:STANCl
07 108.0 FENT; 6. T11mQ, N. 89 SS' W., A DISTANCE 07 300.4 PINT: 7. THENCE,
Y. 89 46'30• W., A DISTANCE 01 450.0 FEET- 8. THENCE, N. 89047' W., A
TTA DISNC3I OF 550.0 gist; 9. THENCE. W. 89516' W., A DISTANCE OF 100.0 7802,
to. TE7CE. Y. 80 1S' W., A DISTANCE OF 387 FEST; 11. THENCE, N. THENCE, S. A DISTANCE OF 39.2 FAST! 13. T. S. 89 57'30• A., ALGC TEE N. LINE
SECTION 23, A DISTANCE OF 1,845.0 PM) 13. TH3D9e. 3. 0 14' E.. ALCR4D TEE
A. L. OF SECTION 23. A DISTANCE OF 90;0 FSST, NOSE OR LL93, TO TEE POINT 07
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