HomeMy WebLinkAbout770694.tiff RESOLUTION
RE: RECORDED EXEMPTION NO. 244 - CLYDE MALARA AND MARGARET MALARA
WHEREAS, it has been determined by the Board of County
Commissioners of Weld County, Colorado, at a public meeting
held on the 7th day of February, 1977, in the Chambers of the
Board of County Commissioners of Weld County, Colorado, that
a certain parcel of land, being the property of Clyde Malara
and Margaret Malara, Weld County, Colorado, more particularly
described as follows:
A part of the North one-half of the Northeast one-quarter of
Section 31, Township 1 North, Range 66 West of the Sixth
Principal Meridian, County of Weld, State of Colorado, note
particularly described as follows:
Carerencing at the Northeast corner of said Section 31; thence
West along the North line of said Section 31, 520.20 feet to
the point of beginning; thence S89°31'00" W, 1375.88 feet more
or less; thence S00°29'00" E, 566.84 feet; thence $67°03'00" E,
647.14 feet; thence S08°03'00" W, 54.00 feet; thence
N89°34'00" E, 574.30 feet to the West right of way line of old
U.S. Highway No. 85; thence N13°19'32" E along said West right
of way line 904.23 feet more or less to the point of beginning;
containing 23.073 acres, more or less,
does not come within the purview of the definition of the terms
"subdivision" and "subdivided land" as set forth in Section 30-28-
101 (10) , CRS 1973, as amended, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, desires to exempt this particular division of land
from the definition of "subdivision" and "subdivided land" pur-
suant to its authority under Section 30-28-101 (10) (d) , CRS 1973,
as amended, and Section 2-1A (3) of the Weld County Subdivision
Regulations;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hereinabove
described parcel of land owned by Clyde Malara and Margaret Malara
be exempt from the definition of the terms , "subdivision" and
"subdivided land" pursuant to its authority under Section 30-28-
101 (10) (d) , CRS 1973, as amended, and Section 2-1A(3) of the
Weld County Subdivision Regulations.
`7y1 a.l' c*
Ct.: Pe_ k '7 y
i. . 1
� '- = 770694
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 7th
day of February, A.D. , 1977.
The above and foregoing Resolution was read into the record
and signed on the 14th day of February, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
W/EL COUNTY, COLORADO
4 1
J ,
ATTEST: /a la-uo =gi n 1 "��ELnI
Weld County Clerk and Recorder
and Clerk to the Board
By: , , �"
/Deputy County %,...e.,,,,,,_
,
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� APPP D AS TO FO
(".. : V7 040.00. O •
County Attorney
-2-
LAW OFFICES
WILLIAM B. COLLISTER
3120 SECURITY LIFE BUILDING
1616 GLENARM PLACE
DENVER,COLORADO 80202
892-1466
July 11, 1977
County Commissioner
Weld County
Greeley, Colorado RE: Our File: L-7354
Dear Sir:
Will you please send us a certified copy of Recorded Exemption No.
244. We enclose our check to cover the cost.
Thank you.
Very truly yours,
William B. Collister
WBC:dlg
Enclosure
Irp.11 III, ' i s4 y( •4"... alti*Virr4aIrrS §t,. .
b i ' I -6' I
Certified C of RE 244 p rII ..
RECEIPT FOR CERTIFIE ..- �
SENT TO '0i ♦ Cur 0 114111
William B. Colliste
,# o ' e7 01_ .+ I-71 STREET AND N0. 3120 Securi q ({^ I.
1616 Glenarm Place i i v18;1 fs�o V8I I a t aP.O., STATE AND ZIP COOS • NCr Denver, Colorado r4c' OPTIONAL SERVICES FOR ► S 11 4 $ 0 $ t QITTIT RETURN 1. Shows to whom an +
With delivery/ II alai
p O
c f., RECEIPT 2. Shows to whom,do
yJJEEJJ Iyq . PSERVICES ' WW1 Delivery - oR•o RG NDELIVER TO ADDRESSEE ONLY ] ®a _ - o M 1/4O ` 1;O SPECIAL DELIVERY (•xtro Two rwewlr. . .� ijo4
i
Z PS Form 3800 NO INSUR�NC( RI of +
Apr. 1971 NOT FOR n la S1,Mm. 2n IILTII�N
✓Alp - w�
from the office of "` Greeleyy, Colorado
July 15, , 19 77
THE BOARD OF COUNTY C...4MISSIONERS
WELD COUNTY, COLORADO
Dear Mr. Collister,
Enclosed please find a certified copy of Recorded Exemption #244 per your
request. The fee for certification is $1.25 per page. We made your
check out for the total of $2.50, for the two pages.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO!
MARY ANN FEUERSTEIN
COUNTY CLERK & RECORDER AND
CLERK TO THE BOARD
By: De uty Count lerk
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RECEIPT FOR CERTIFIED MAIL-300 (plus postage) ` I'
SENT TO POSTMARK w ;
Clyde Malaya OR DATE
STREET AND NO. J
931 weld County Rd 27 - p° .
P.O., STATE AND ZIP CODE ' 2
Cr) Brighton, Colorado 80601 2/14/77 �I , ;
OPTIONAL SERVICES FOR ADDITIONAL FEES •
1. Shows to whom and date delivered 154 `s R RETURN With delivery to addressee only 654 .1
RECEIPT 2. Shows to wham,date and where delivered..354
SERVICES ' With delivery to addressee only 854
DELIVER TO ADDRESSEE ONLY 5°!
_ _.
SPECIAL DELIVERY (extra fee required) --�
Z PS Form NO INSURANCE COVERAGE PROVIDED— (See ether side)
Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL ,GPO:1672 O-4e0-7as /�//�
Ui 7 rIlXl d [ e-A /7, e.,___,,2:-,,,,...d / L - 1•,_2(,/.5(
RECORDING DATA - MAPS 8 PLATS
Recorded Exemption 1471-31-1-RE=244
NAME OF SUBDIVISION
NAME OF SUBDIVIDER Clyde Malaya 8 Margaret Malara
Part of the NE 1/4 Sec 31 TIN R66 West of the 6th P.M.
LOCATION OF SUBDIVISION
DATE OF RECORDING FEB 16 1977 BOOK '789! RECEPTION M 1'711421
MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
BY
DEPUTY COU TY .LERK RECO FR
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1
RECORDED EXEMPTION NO.
I47I-31-I-RE-244
LEGAL DESCRIPTION
,14
A part of the North one-half of the Northeast one-quarter of eil ��Section 31 , Township 1 North , Range 66 West of the Sixth
Principal Meridian , County of Weld , State of Colorado, moreE '
particularly described as follows: ''a... /� l
14?Commencing at the Northeast corner of said Section 31 ; thence
14?
West along the North line of said Section 31 , 520 . 20 feet to 1/
the point of beginning; thence S89°31 ' 00"W, 1375 . 88 feet more
or less; thence S00°29 ' 00"E, 566 .84 feet; thence $67°03 ' 00"E,
647 . 14 feet; thence S08°03 ' 00"W, 54 . 00 feet ; thence
N89°34 ' 00"E, 574 . 30 feet to the West right of way line of old
U. S. Highway No. 85 ; thence N13°19 ' 32"E along said West right
of way line 904 . 23 feet more or less to the point of beginning ;
containin 23 . 073 acres, more or less .
I maCI de. aI
�gdjr� i_ being the sole owner in fee of the
above escri e property do hereby divide the same as shown on
the attached map.
y� 47.
TSignaturer
The foregoingrcertificakion was acknowledged before me this
E3 day of tl.ca t ta_., A.D. 19.2.04, .
My My commission expires c-../ ,y��, ,� ��/ ,
Notary Public Witness my Hand and Seal
), ..e:: ,,, ‘,,,,f4 );S
I hereby certify that this plat was prepared under .i00.; Ail
supervision ; and that the same is correct to the best of I ��.-: • �
, ,
knowledge and belief . � 24, { w•v ✓ v y I ''trk4141
Re i s'-6-67 Y _ g'
g' n'�an'd 'Surve or Colo. Re #6169 • � � „+,114 .
The accompanying plat is accepted and approved for filing .
Cris rman or -the Board " of County Commissioners
Attest : County Clerk and Recorder
`/,�, dated 2 "/ `/_� 7 7 _'
t F
+ y;
RECORDED EXEMPTION NO.
1471 - 31- 1- RE-244
NE CO' WE,
SECT/ON 3/
T//./., /3 66 W.
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to
DEPARTMENT OF PLANNING SERVICES
PHONE 1303) 356.4000 EXT.400
C. 915 RA STREET
GREE LE V, COLORADO 80631
COLORADO
February 7, 1977
Board of County Commissioners
Weld County, Colorado
915 10th Street
Greeley, Colorado 80631
Re: Recorded Exemption 244
Dear Commissioners:
The attached application, plat, and related materials are in reference
to a request by Clyde Malara for a recorded exemption. The parcel of
land is described as part of the Ni of the NEq of Sec. 31, T1N, R66W
of the 6th P.M. , Weld County, Colorado. Said property is located one
mile north of Brighton between U.S. 85 and old U.S. 85. The subject
property contains 23.073 acres.
The request is to split the property into parcels of 3.0 acres and
20.073 acres. The Malaras currently reside and truck faun on the
20.073 acre parcel. The 3.0 acre parcel was included in the McKinley
ccumercial unit development plan, filed in 1974. On July 24, 1974,
the Board of County Cannissioners approved the request for carmercial
zoning on this 3 acre parcel. The Malaras lease the 3 acre parcel to
a wholesale gas and oil products supplier who are presently located on
the property.
Based upon the information submitted and the adopted policies in the
County, the Planning Commission Staff recannends the request be approved
for the following reasons:
1. The City of Brighton Planning Commission and staff have reviewed
the request for a recorded exemption and recannend that it be
granted.
2. The request canplies with the provisions of Sec. 9-4(A) of the
Weld County Subdivision Regulations.
3. The separate uses (agricultural use on the 20.073 acre parcel
and cammercial use on the 3.0 acre parcel) have already been
established.
Board of County Ca nissioners
February 7, 1977
Page Two
4. The proposed split conforms with the intent clause of
the recorded exemption procedure (Sec. 9-2 of the Weld
County Subdivision Regulations), the intent clause of
the Agricultural District (Sec. 3-3A of the Weld County
Zoning Resolution), and the Weld County Comprehensive
Plan in that each resulting parcel has an existing set
of improvements already established.
Re t lly,
Thomas E. Bonn
Zoning Administrator
TEH/lun
APPLICATION FOR RECORDED EXEMPTION
Weld County Planning Commission-353-2212 , Services Building , Greeley , Colo .
FOR PLANNING DEPT . USE ONLY:
LAND CODE : CASE NO :
T : S : 1 ;4 : DATE :
LEGAL DESC . APPR : APPL . FEE : �, e'
APP . CHECKED BY : RECORDING }SEE : ye
DATE SENT TO BOARD : RECEIPT NO . : 's gApe - id
DATED FILED & RECORDED : Rpm
TO BE COMPLETED BY APPLICANT : (Print or type only except for required
signatures ) :
I (we ) , the undersigned hereby request that the following described prop-
erty be designated a recorded exemption by the Weld County Board of County
Commissioners : LEGAL DESCRIPTION :
,4 AAn+ or t4 /1J (4, of int kr'le or.2 1 /;. Townsh.p /N, go/ fe. 44 ( "e 6 -IA
be/d a444 (,/,ra dc. • ,8a 540% i , 1
y. ma' Q ftlr Nye?ch�NPr• 'd JeG. 7-be,ve� the 1V
L/A;e or sa, e See 3/) -020.2 -lee*, .
r 18 z/cnY;ire— l ��tin � e ( t'e, nn ,ny The,tee S.
5/u01.6
/375,8& eel /nonece dose., �Ne, Soo ' a9 'co 4-) is
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l0 '/7, � // /�� F TheNee S DS ' 3lo0W / bG. �sr Ge• ( y {/ oN[_ P54`7`o3cc
5-V730 } ee 1 fe the. (x). rtoi- cc Q, dyy 1 ;4e � eel; TbeNa � XJ aid 3 'i 'co "
/ O4d u. S ,4 ,9h /c4-1
the de /� ° 7% 73� 'IR /9-1—,775e /d t� es+ r , + oC
1- (I .< paint �-f beu/ inn, oq 9 4 u tin 4oSi• t3
ACREAGE : LOT "A" .?n , , .7 ; LOT "8" 3 ;TOTAL : -r3 . 07i
HAS THIS PROPERTY BEEN DIVIDED FROM OR HAD DIVIDED FROM IT ANY OTHER PROP-
ERTY SINCE AUGUST 30, 1972? YES NO /1
FEE OWNERS OF PROPERTY :
27
NAME : gal /2L/2/2, _ ADDRESS / el6 PHONE : 6s -028a
NAME : // / ' ' , if , : /,'(y- ADDRESS / PHONE :
NAME : ADDRESS PHONE :
t
WATER S&URCE 7.15 3 $,1.44 l7 ,)
TYPE OF SEWER 4, c — r
PROPOSED USE / A ''t`a/ ! fl ' '(" 7,f17 _I
I hereby depose and state under the penalities of perjury that all statements
proposals , and/or plans submitted with or contained within this application
are true and correct to the best of my knowledge . /
t'.,7 ez_f t�e iu t J u�`-
COUNTY OF WELD
STATE OF COLORADO )
Signs ure : Owner or Authorized Agent
Subscribed and sworn to before me this c?.? day of /4 id e4„, 19 7t
SEAL 7i
PUBLIC
, ,fe . S /y79
My/ommission expires :
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INFORMATION SHEET
Malara RE
Lot A Lot B
Existing Land Use Agricultural Commercial
Truck Farming
Zoning Agricultural Commercial
Water Well Well
Sewer Septic System Septic System
Access Off Co. Rd. 27 County Rd. 4
(Old Hwy 85)
Development Residential - Commercial
Agricultural
WELD COUNTY PLANNING
CERTIFICATE OF CONVEYANCES COMMISSION
STATE OF COLORADO )
COUNTY OF W<LD )
The TRANSAMERICA TITLE INSURANCE or ABSTRACT
COMPANY hereby certifies that—Ti is r. made a careful sears f
its records , and finds the follow; :“; ,:onveyances affectin the
real estate described herein since August 30 , 1972 .
LEGAL DESCRIPTION : Parcel A of Recorded Exemption No. 1471-31-1-RE 198
being a part of the Ni of the NE* of Section 31, Township 1 North,
Range 66 West of the 6th P.M. , WELD COUNTY, COLORADO,
ALSO Described as;
A part of the North one-half of the Northeast one-quarter of
Section 31 , Township 1 North, Range 66 West of the Sixth
Principal Meridian, County of Weld, State of Colorado, more
particularly described as follows:
Commencing at the Northeast corner of said Section 31; thence
West along the North line of said Section 31, 520 . 20 feet to
the point of beginning; thence S89°31 ' 00"W, 1375.88 feet more
or less; thence S00°29 '00"E, 566.84 feet; thence $67°03 ' 00"E,
647 . 14 feet; thence S08°03 '00"W, 54 .00 feet; thence
N89°34 ' 00"E, 574 . 30 feet to the West right of way line of old
U.S. Highway No. 85 ; thence N13°19 ' 32"E along said West right
of way line 904 . 23 feet more or less to the, point of beginning ;
CONVEYANCES ( if none appear, so state ) ;
Reception no: None , Book
�ceptian no . , Bcok P,
Reception no. ' , Book
Reception no . , Book
Reception no . , Book
Reception no : , Book
Reception no . , Book
This Certificate is made for the use and benefit of the Planning
Commission of Weld County , Colorado .
This Certificate is not to be construed as an Abstract of Title
nor an opinion of Title , nor a guarantee Title , and the liability
of T S I A TITLE INSuIRANCE COMPANY
is hereby limited o the amount of the fee paid for this Certificate.
In "itness Whereof, TRANSAMERICA TITI/E WOORANCE COMPANY has caused this certificate to be signed by its proper
officer this 27th day of December A.D. l9_2g at 7 :45 A.M.
o ' clock .
TRANSAMERICA TITLE INSURANCE
COMPANY _[
V
N ".� Recorded at. /o'dock...TNy. M.,
JUL 13 lybl
,� e•i Reception No '.-g
5()501.?.[ ANN SPOME�i__...necorder. I IMMO
--...__._..___..____. t_--_..--}'—�'— _. — a _.
THIS DEED, Made this f°T r( day of July ,19 67 •
y;_, I , between Harry E. Green, Jr. and Lois Mae
( Green
.
fT of the
f- County of Weld and State of Colorado,of the first part,and
� . Margaret Malara ;;
O
UN
of the County of Weld and
IC'
r4 State of Colorado, of the second part:
tars
t viz WITNESSETH, That the said parties of the first part, for and in consideration of the sum of
es` , to *Ten Dollars and other good and valuable considerations* 1Dc
' ,p to the said parties of the first part in hand paid by said party of thesecond part, tfte. receipt whereof is ';
p i( hereby confessed and acknowledged, have granted, bargained, sold and conveyed,and by 4Ze presents do
G grant, bargain, sell,convey and confirm, unto the said party of the second farther Itt3rs sad assigns for- ij
C ever, all the following described lot or parcel of land,situate,lying and being in fir* r '• j
I County of Weld, and State of Colorado, to-wit:
i
A par y of the N12NE1 of section 31, Township 1 North, Range 66 West of the 6th P.M., described as
' foil - Beginning at the point of intersection of the North Line of said Section 31 with the
Westerilly line of the Union Pacific Railroad right of way which point is 520.2 feet West of the
Northeast corner of said Section ; Thence Westerly, along the North line of said Section 844.3 feel
thence South 1°18' West, 780.97 feet, more of less, to a point on the Northerly line of a tract
' described in Book 1367 at page 22; thence South 67°03' East, along said Northerly line, 94.69'feet
to a corner o£ said tract described in Book 1367 at page 22; thence SotIth 8°03' West, 54 feet;
Thence.North 89°34' East, 574.3 feet to a pgint on the Westerly line of the Union Pacific Railroad
` . right of way; thence North 13°21' East, along said railroad right of way line, 901.3 feet, more or
• . \esn, to the point of beginning,
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertair.ing, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
'R. the estate,right,title,interest,claim and demand whatsoever of the said part ies of the first part,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 the appurtenances, unto the
said part y of a sejoond part, her heirs and assigns forever. And the said part* ies of the first part,
^, forthem sel yes glis executors, and administrators, do covenant, grant, bargain, and agree to and
; with the said party of the second part, herheirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance,in law,in fee simple,and ha ve good right, full power and lawful authority
ss to grant,bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or
nature soevery except for the taxes and assessments for the year 1967
and subsequent and except for restrictions, reservations and ease-
ments of record and except for rights of way of roads and except
,,.2,.:, for present farm tenant f s rights. fhNdVvNtlyW'ti7iAt
•- 0 16 1 5 7 ;
- and the above bargained premises in the quiet and peaceable possession of the said partof the secondd a
heirs and assigns against every person persons lawfullyy7spftt„'l. •"."
her g all and or claiming or to claim the v ,
• or any part thereof, the said parties of the first part shall and will WARRAIIIT AND FOREVER DE it'( ii
r IN WITNESS WHEREOF, the said partie$ of the first part ha ve hereunto setthP.11hand g •.; �' 3�
and seal' s the day and year first above written. f tl
N- /1
•,.:0
L / -----(1=
Lois Mae tr"een '- `-- c DArrs
r , tsar""'ta• STATE OF COLORADO
`,`,eJ. WAI' „•City &County of Denver 1sa. 02 i
• 1
tig;•�.�' •The fetrea6ng instrument was acknowledged before me this 10 7,y day of July MI E.9 :7:7:,a
g4,:, ` iltiMe*7'.w4y Harry E. Green, Jr. and Lois Mae Green '
ii. •wy.mn 1 n expires ,111 .Witness my hand and sffl
. "j" J// / �IINNIplll�llli9�
t'1 t�f l .IYI�VakI'G. 4 'r il)II Ua March 1, t%9 /�/i; a r •, , i I �` r (/� , r 1 /
I
p. I I
' �� UC(/ Arc
was
- -Jr,*
Reception No 15(5660 r
p Recorded at.. ,
a/ et r•
4,., ,
th
,, i THIS INDENTURE, Made this /O'
Clyde G . Malara and Margaret R. Malara
4''- I whose address is Weld County, Colorado
i :, parties of the first part, and the Public Trustee of County of Weld ,
f o. 'I in the State of Colorado, party of the second part, Witnesseth:
.p I THAT, WHEREAS, The said Clyde G . Malara and Margaret R Malara
r C iha ye executed their promissory note bearing even date herewith, for the principal sum of!I Twenty-Five Thousand and no/100 ($25 ,000.00) Dollars, �) '
1 yo l I payable to the order of Frank Nowacki and Ruth G. Nowacki as joint tenants C �,
' w) whose address ie Eastlake, Colorado
due on or before ten years after the date hereof, with interest thereon from the date thereof
{ ' _ I I at the rate of five (5) per cent per annum, payable annually.
•
I � 'jl (This Deed of Trust is being re-recorded to complete the amount of the
I a i4. i., indebtedness erroneously omitted on the original recordation. Release:,, h
by reference to this book and page number will release the original
_ ` recordation, and conversely, if release refers to this instrument by & 4
I ' ' its originally recorded book and page number, it will also constitute
a release of this instrument as it is re-recorded.)
yy t
1' : , AND WHEREAS, the said parties of the first part are - desirous of securing payment of the
( principal and interest of said promissory note in whose hands eoever the said note or any of them may be.
l::r 'i NOW,'THEREFORE, The said part leaf the first part, in consideration of the premises, and for the purpose
raforesaid,do hereby rant, bargain, sell and convey unto the said party of the second part in trust forever,
the following described property, situate in the County of Weld ,state of Colorado,to wit: I'
rApart of the NiNEI of Section 31, Township 1 North, Range 66 West of the 6th P.M. , described as
falloirs: Beginning at the point of intersection of the North line of said Section 31 with the
psterly•line of the Union -PRefic Railroad right of way which point if 520.2 feet West of the
Northeast :corneer of said Section; thence Westerly, along the North line of said Section, 844.3 f
'thence South 1°18' West, 780.97 feet, more or less, to a point on the Northerly line of a tract
, described in Book 1367 at page 22; thence South 67°03' East, along said Northerly line, 94.69 feet
,toe a corner of said tract described in Book 1367 at page 22; thence South 8°03' West, 54 feet; the
Itwth 89°34' East, 574.3 feet to a point on the Westerly line of the Union Pacific Railroad right
'of Vey; thence North 13°21' East, along said railroad right of way line, 901.3 feet, more or less,
^tbe point of`beginning,
ti ■O tin a!L WO tOED the same, together with all and singular the privileges and appurtenances
" belonging:Zs SVC t*eves eleas, That in ease of default in the thereunto
pa
'i payment of said note or any of them, or any part
;k} „ thereof, or in the payment of the interest thereon, according to the tenor and effect of said note or any of them, or
FW I in the payment of any prior encumbrances, principal or interest, if any, or in case default shall be made in or in case of
7 i, violation or breach of any of the terms conditions, covenants or agreements herein contained, the beneficiary here-
.(n. ' under or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein
contained and elect to advertise said property; for sale and demand such sale, then, upon filing notice of such election
4,1 ' *.,d '' and demand for sale with the said party of the second part, who shall upon receipt of suc notice of election and
Idemand for satyr cause a copy of the same to be recorded in the recorder's office of the county In which said real estate
1s situated, it shall and may be lawful for said party of the second part to sell and dispose of the same (en masse or
4 : ;I in separate parcels, as the said Public Trustee may think best), and all the right, title and interest of said part les of
T ' lg
the first part, their heirs or assigns therein, at public auction at the front door of the a
Court House, in the County of Weld State of Colorado, or on said premises, or any part thereof as
may be specified in the notice of said sale, for the highest and best price the same will bring In cash, four weeks' public k
! notice having been previously given of the time and place of such sale, by advertisement, weekly, in some newspaper of
general circulation at that time published in said county of Weld
within ten days from the Hate of the first publication thereof to the said part of the firss of t pat at ithe address herein
iz given and to such Dereon or persona appearing to have acquired a subsequent record interest In said real estate at the 0
address given in the recorded Instrument; where only the county and state is given as the address then such notice shall
i be mailed to the county seat, and to make and give to the purchaser or purchasers of such property at such sale, a U
NO ' certificate or certificates in writing describing such property purchased, and the sum or sums paid therefor, and the -r
I time when the purchaser or purchasers (or other ,person entitled thereto) shall be entitled to a deed or deeds therefor, 0
N- unless the same shall be redeemed as is provided by law: and said Public Trustee shall, upon demand by the person or a
I i persons holding the said certificate or certificates of purchase, when said demand is made, or upon demand by the person
- i entitled
ed to ae eked to and
ndefor
the property purchased. at the time such demand is made, the time for redem➢tion having
. ,. ha 1 Dereon-or person a deed or deeds to the said property purchased, Which aala dead or
,1'Y b �l deeds a 11 he a the ordinary form of a conveyance, sad shall be signed, acknowledged and delivered by the said Public
4 t,(\ i I Trustee, as grantor, and shall convey and quit-claim to such person or persons entitled to such deed, as grantee, the said ��O
N, property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the
.. their p part .leYf the
.t 1 -) first ParC heirs and assigns therein, and shall recite the sum or sums for which the said property
I Ill was sold and shall refer to the power of sale therein contained, and to the sale or sales made by virtue thereof: and in cone
of an assignment of such certificate or certificates of purchase, or in case of the redemption of such property, by a nubne-
iti
quest encumbrancer, such assignment or redemption shall also be referred to in such deed or deeds; but the notice of sale
need not be set out fn such dead or deeds; and the aafd Public Trustee shall, out of ;oho ya ben of or avails of such sale,
i attar first paying and retaining all fees, charges and coats of making eaifl sale, pay the boneflclary hereunder or the n legal holder of said note the p princi al and Interest due on said note according to the tenor and effect thereof, Wkl
O 'i and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with
./ O ;I interest thereon at 8 per cent per annum, rendering the overplus, if any, unto the said part 5-es of the first part, i`
their legal representatives or assigns; which sale or sales and said deed or deeds so made shall be a perpetual bar .VI
,both in law and equity, against the said parties of the first part, their heirs and assigns, and all •�
t
other persons claiming the said property or any part thereof, by, from, through or under mild part I f ,, of the first Dart or any of them. The holder or holders of said note or note run percher'.. sold pruners or r n,• I ri. ? ,,,,j i, „,„,.l4-7,
A '� rot hr' nhllan n
tnry lion It, too.i . ao .. I ,rl w,., , in a I, ,i, I ., i- I,.. ,
•16 diI-A. D1iEl, tie It,bjT---fader 1,adee--ltertiver•hawse—Attorney'ii Peen. I‘
01' . ` —Bradford Publishing Co.,1824-40 Stout Street,Denver,Colorado
'v
tilt
/
,e,•a...rmwrt,ea+•rgg
,
id
soot .
soot 5q4 CR4 4 rpt� ji.,t• 1 ril },` i�i4±�1
,
...o. W.V. .,1 ti HI i., .. , .'I 'I ' b , o. it,,., !lilt. ,uonp, t , fee pilaw., Owl n., vr'
' „., '"" , '''' Y c.aant, Lutyalu, cull ou convey the game In manner and form as aforesaid;
horeby fully and absolutely waiving and releasing all rights and claims the
tenements, and property as a Homestead Exemtion, or other exemption, under and by virtue ofaany act o or f the�meral
Assembly of the State of Colorado. now existing or which may hereafter be passed in relation thereto and that the same
are free and clear of all liens and encumbrances whatever,
•
and the above bargained property in the quiet and peaceable possession of the said party of the second part, his successors
and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said
part les of the first part shall and will Warrant and Forever Defend.
And that during the continuance of said indebtedness or any part thereof the said parties of the first part
will in due season pay all taxes and assessments levied on said property; all amounts due on account of principal
and interest on prior encumbrances, if any; and will keep all buildings that may at any time be on said lands, insured
against loss by fire with extended coverage endorsement in such company or companies as the holder of said note
may, from time to time direct, for such sum or sums as such company or companies will insure for, not to exceed the
amount of said Indebtedness, except at the option of said part ies of the first part, with loss, if any, payable to the
beneficiary hereunder, asthelrinterest may appear, and will deliver the policy or t"j toles Of insurance to the beneficiary
hereunder, as further security for the indebtedness aforesaid. And in case of the fa re of said part left the first part
to thus insure and deliver the policies of insurance, or to pay such taxes or assessments or amounts due or to become due
a on any prior encumbrances,1f any, then the holder of said note , or any of them,
m, may procure such insurance, or pay
such taxes or assessments or amounts due upon prior encumbrances,if any,and all moneys thus paid,with interest thereon
at 8 per centum per annum, shall become so much additional indebtedness,secured by this Deed of Trust,and shall
be paid out of the proceeds of the sale of the property aforesaid if not otherwise paid by said part les of the first part
and may for such failure declare a violation of this covenant and agreement.
AND ran of CASA OF Art DHFAQLS, Whereby the right of foreclosure occurs hereunder, the said party of
the second part or the holder of said note or certificate of purchase, shall at once become entitled to the possession, use
and enjoyment of the property aforesaid, and to the rents, Issues and profits thereof, from the accruing of such right and
during the pendency of foreclosure proceedings and the period of redemption, if any there be; and such possession shall at
once be delivered to the said party of the second part or the holder of said note or certificate of purchase on request
and on refusal, the delivery of such possession may be enforced by the said party of the second part or the holder of said
note or certificate of purchase by any appropriate civil suit or proceeding, and the said party of the second part, or
the holder of said note or certificate of purchase, or any thereof shall be entitled to a Receiver for said pproperty
and of the rents Issues and profits thereof, after such default, including the time covered by foreclosure proceed and
the period of redemption, if any there be, and shall be entitled thereto as a matter of right without regard to the solvency 41
or insolvency of the part least the first part or of the then owner of said property and without regard to the value thereof,
and each Receiver may be appointed by any court of competent jurisdiction upon one
Darts application and without nottce—
notice being hereby expressly waived—and all rents, issues and profits income and revenue therefrom shall be applied by
,w .sagA RiMI,vp to the payment of the indebtednese hereby secured,according to law and the orders and directions of the court.
AND, That in case of default in any of said payments of principal or interdet;'g5etratrine thy team'ithd effect of ,..e.iti
said promissory note aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants
or agreements herein, by the parties of the first part, their executors, administrators or assigns, then and in that
case the whole of said principal sum hereby secured, and the interest thereon to the time of sale, may at once, at the option
of the legal holder thereof, become due and payable, and the said property be sold in the manner and with the same effect
ae If a id ede a nepsse_had maturGGGd,?indebtedness
If_foreclosure b made by the Public Trustee,an attorney's fee of the sum of
Nree flturl eci and nojluij ebtetlIless rbut not less than
rocee ngs Yak e allows by t e Uu lic Trustee as a dollars for orecl sesu e, the if foreclose of Bald foreclosure
the courts a reasonable attorney's fee shall be taxed by the court as act rt the costs
of such foreclosure
be made eeding.
Dart of the foreclosure proceedings. .
IN WITNESS WHEREOF, The said part es of the first,part ha we hereunto set , their hand S and
seal S the day and year first above written. �/�J �jJ
WITNESS: 4:6. "OC /J7i�G. Malara [slaAL)
Btu.* 'mil- .."54.-4....4„/ [SEAL)
- .
,''r • C,� ] STATE OP COLORADO, 'Mar ret"It'.'Malara [SEAL) '
,` V............r ee. The foregoing instrument was acknowledged before me this...�Q
r ..V: , ,-:MJsr. ).anuounty of.,ueu)[er....j g g
rt day of....shtlY 18X7..., by
V O T 9 ?'\. Clyde G Malara and Margaret R .fie
J i A 'I !''t,et
! MY commission expiree:..C. A �d�t,�,9¢�
°,. •, Y U l,'.C;'O Witness my hand and official se •. .• •..•..•• _
��• •-• �. . .6t�e:..�:.6 :N"
`f • 1 Notary Public.
0F..Cr`
.. w.-,:...w..e:...._.._.......•wr.vva.._n.+a,w�x. Yai..a:..e. y,
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Referrals
January 11, 1977
Clyde Malara
RE-244
Weld County Health Department
County Engineer
County Attorney
Brighton Planning Commission — 1/35)7 7
7; ,,,,ei,
MEmoRAnDUM
hiDe Planning Commission January 17 , 1977
To Date
COLORADO From Engineering Department
Clyde Malara Recorded Exemption
Subject:
Without any changes being made in this area, I see no
engineering problems at this time .
a
Gi man E. Olson
mfm
✓
`� C BOARD OF HEALTH
e ounty Health Department
DAVID WERKING, DDS, GREELEY
FRANKLIN D. YODER, MD, MPH 1516 HOSPITAL ROAD RALPH AAB,GREELEY
DIRECTOR GREELEY, COLORADO 80631 CATHERINE BENSON,AULT
WILLIAM BUCK, ROGGEN
(3031 353-0540
DORIS DEFFKE,GREELEY
DONALD MERGER!.GREELEY
HERSCHEL PHELPS, JR.,M.D.,
GREELEY
CLARENCE SITZMAN, GREELEY
JOE STOCKTON,GILCREST
January 21 , 1977
Mr. Gary Fortner, Director `.
Planning Commission
Weld Co. Centennial Center ✓n✓
915-10th Street (? R�CE� ��/7
Greeley, CO 80631 v �i�id VFW
aa„
•J;
�Z "-are
CS" .°1"%icsf :Nil
ai
TO WHOM IT MAY CONCERN: r�SLn'y �
We recommend approval of Recorded Exemption for Clyde Malara,
931 Weld County Road 27, Brighton, Colorado, located in the
Nz, NEa, Section 31 , Township 1 North, Range 66 West, Weld County
Colorado.
The soils are suitable for individual sewage disposal systems.
Sincerely,
relM
eGl n E. Paul , Director
Environmental Health Services
CITY OF BRIGHTON
MUNICIPAL BUILDING-36 SOUTH MAIN STREET
BRIGHTON,COLORADO 80601-(303) 659-4050
January 28 , 1977
Department of Planning
Weld County Centennial Center
915 10th Street
Greeley, Colorado 80631
Attention: Kenneth Williams
Dear Sirs :
The City of Brighton Planning Commission and staff have
reviewed the request from Clyde Malara for a recorded exemption.
We recommend that the recorded exemption be granted. We would
also recommend that the zoning on Lot B be Industrial rather
than Commercial . The oil well truck service center , which I
believe is already in operation, is better suited in an
industrial area and our Comprehensive Land Use Plan shows
this area as being an industrial area.
Thank you for considering us in your review process .
Sincerely,
Leslie A. Fraley
Engineer/Planner
LAF/dki
,, puito7 js.,
"SUBURBAN LIVING AT IT'S BEST"
FIELD CHECK
FILING NUMBER *0 7
NAME
a� ( `
REQUEST P
LEGAL DISCRIPTION yjI cr.-r. I I - 6
LAND USE
E (1
s KoS;A
W ary,..rnar - }}LA)y
ZONING N
LOCATION pyl, � F,N E
COMMENTS : f
��7GC�Lr>LCr GY7 ( c cp�?� J"6 Cfi
•
BY ;'Z `vG /cg.--,
47—
I.741--4
sGaIb : / : 2'/,006
t �
a ((
Pt. N1NFra Sec. 31 - TIN - $66W
SOILS CAPABILITY CLASSIFICATIONS
I$$. 11W.
17M-A IIIs Ills
23-A ILIs -
I
i R /1
d •
NN.r 14°
DEPARTMENT Or PLANNING SERVICES
PHONE 1303) 356-4000 EXT.400
10TH STREET
C. 915 COLORADO 80 GREE LEV, 8063131 COLORADO
January 14, 1977
Clyde and Margaret Malara
931 Weld County Road 27
Brighton, Colorado 80601
Re: Request for a recorded exemption on part of the Ni of the NE*
of Sec. 31, T1N, R66W of the 6th P.M. , Weld County, Colorado
containing 23.073 acres more or less.
Pear Mr. and Mrs. Malara:
Your application and related materials for the above described
request are complete and in order. I have tentatively scheduled
the hearing by the Rmrd of County Ccnmissioners for February 7, 1977,
at 9:30 A.M. Said hearing will take place in the County Camdssioners
Hearing Room, First Floor, Weld County Centennial Center, 915 10th
Street, Greeley, Colorado. It is recannended that you and/or a
representative be present to answer any questions the Board might
have with respect to your application.
If you have any questions with regards to this matter, please do not
hesitate to contact our office.
Respectfully,
11..6 Thic;73
Ken McWilliams
Assistant Zoning Administrator
KM/bg
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