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• •
t11: DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
ADMINISTRATIVE REVIEW
COLORADO
Applicant: David & Lynae Barnes RE-5066 Planner: C. Gathman
Legal Description: W2SE4 of Section 4, T9N, R67W of the 6th P.M., Weld County, CO.
Parcel ID#: 0453 24 400014
Lot A Size: +/-5 acres Lot B Size: +/-76 acres
Water Source: Lots A & B: Individual Well Sewer System: Lot A: Existing Septic—
Permit# 72617-A SE-1000034
Lot B: Proposed Septic
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County
Code and any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be
installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations.
/eE516 ,
• !
2. The applicant has proposed a well as the source of adequate water for Lots A and B. Property
owners are advised that the quantity of water available for usage may be limited to specific uses, i.e.,
"Domestic Use Only," etc. Because each situation is unique, the Department of Planning Services
encourages property owners to contact the Office of the State Engineer, Division of Water Resources
(1313 Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each
individual situation.
3. Topographic or physical features of the proposed Lots A and B, such as ravines, ditches, streams
etc. may limit the area available for a new or replacement septic system. Prior to recording the plat the
Weld County Department of Public Health and Environment recommends that the applicant review the
Weld County Code pertaining to septic systems to assure that any installed septic system will comply with
all setback requirements found in the Code. In the event the proposed lot is not of sufficient size to allow
the installation of a septic system the lot may need to be enlarged.
4. Portions of Lot A and Lot B are located within the FEMA mapped Spring Creek Zone A 100-year
Floodplain and/or possibly the floodway. Weld County Code prohibits the construction of buildings within
the floodway. A Flood Hazard Development Permit (FHDP) is not required for agricultural activities.
However, at such time as the owner proposes to construct any type of building or place fill within the
FEMA designated floodplain, A FHDP will be required showing that the proposed activity is not located
within the floodway (Planning Policy No. 2010-07). Additionally, the FHDP application must show that the
development activity is in compliance with all floodplain regulations in effect at the time of application.
5. Prior to recording the plat:
KThe applicant shall submit a proposed building envelope(s) for Lot B to the Department of
Planning Services for review. Upon approval by the Department of Planning Services, the
building envelope shall be delineated on the plat. Additional building envelopes shall be
labeled alternative building envelope. All building envelopes shall take into consideration
impacts to productive farm ground as well as the location of incompatible uses, flood plain,
ditches, wetlands, geological hazards, accesses, preferable locations, oil/gas easements
and oil/gas structures which must meet setbacks as required by Section 23-6-10 of the Weld
County Code.
The applicant shall submit a sketch of the existing septic system in relation to the proposed
09
lot line to the Weld County Department of Public Health and Environment. Evidence of
approval shall be submitted to the Department of Planning Services.
A All vehicles located on the property must be operational with current license plates, or be
screened from all adjacent properties and public rights of way, or be removed from the
property. All other items considered to be part of a noncommercial junkyard must also be
removed from the property or screened from adjacent properties and public rights-of-way.
A Lot A shall comply with the two and one-half (2 1/2) acre net minimum lot size required by
Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include
reserved road right-of-way.
The applicant shall submit a joint ownership, access and/or operation maintenance
agreement for the shared well. This agreement shall be delineated on the plat and an
appropriate certificate using the language set forth in the Weld County Code, Appendix 24-
F.2 shall be included.
6[ The applicant shall address the requirements of the Weld County Department of Public
/' Works as stated in their referral received 11/30/2010 (see condition #4). Written evidence of
such shall be provided to the Department of Planning Services.
• •
hThe applicant shall address the requirements of the RE-9 School District. Evidence of such
shall be submitted in writing to the Department of Planning Services.
G. The applicant shall provide the Weld County Department of Planning Services with a
Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for
the original parcel.
6. Items to be included on the plat:
tPC The plat shall be titled: Recorded Exemption No. 0453-24-4 RE-5066
yThe applicant shall utilize the existing accesses to the property (1 access(es) to Lot A and 1
access(es) to Lot B). No additional accesses shall be granted.
KAll approved accesses shall be clearly shown on the plat.
X County Road 102 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall verify
the existing right-of-way and the documents creating the right-of-way and this information
shall be noted on the plat. All setbacks shall be measured from the edge of future right-of-
way. If the right-of-way cannot be verified, it shall be dedicated. This road is maintained by
Weld County.
E. The approved building envelope.
7. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured
from the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups
A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code,
shall be constructed within a 200-foot radius of any tank battery or within a 150-foot
radius of any wellhead. Any construction within a 200-foot radius of any tank battery
or 150-foot radius of any wellhead shall require a variance from the terms of the
Section 23-3-10 of the Weld County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Lot A is not eligible for a future land exemption in accordance with Section 24-8-
20.C.1 of the Weld County Code.
4) WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR
FLOODWAY DESIGNATION. Please be advised that owners of Lot(s) A and B may
not be able to obtain building permits to construct non-agricultural structures. All
construction or improvements occurring in the flood plain as delineated on Federal
Emergency Management Agency FIRM Community Panel Map 080266 325 C dated
September 28, 1982, shall comply with the Flood Hazard Overlay District
requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all
applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60
and 65.
• •
5) Flood hazard development permits will be required for development activities located
within the FEMA mapped Spring Creek Floodplain.
6) The installation of any septic system within the 100-year flood plain shall comply with
the Weld County I.S.D.S. flood plain policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed with in the floodway.
7) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building
permit applications. The legal description on such deed shall include the Lot
designation and Recorded Exemption number.
8) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot B has an adequate water supply of
sufficient quality, quantity and dependability.
9) Prior to the release of building permit, the applicant shall submit evidence of approval
from the Nunn Fire Protection District to the Weld County Building Department.
10) Potential purchasers should be aware that groundwater may not meet all drinking
water standards as defined by the Colorado Department of Public Health and
Environment. The Weld County Department of Public Health and Environment
strongly encourages well users to test their drinking water prior to consumption and
periodically there after.
11) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling
the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County
Code.
12) Building permits shall be obtained prior to the construction of any building. Buildings
that meet the definition of an Ag Exempt Building per the requirements of Section 29-
1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building
permits, however, a Certificate of Compliance must be filed with the Planning
Department and an electrical and/or plumbing permit is required for any electrical
service to the building or water for watering or washing of livestock or poultry.
13) Effective January 1, 2003, Building Permits issued on the proposed lots will be
required to adhere to the fee structure of the County Road Impact Program.
(Ordinance 2002-11)
14) Effective August 1, 2005, Building permits issued on the subject site will be required
to adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
15) Prior to the release of building permits on Lot B, the Lot owner shall verify with the
nearest Town/City or Sanitation District to determine the location of the nearest
sanitary sewer line. In accordance with the Weld County Code, if a sewer line exists
within four hundred (400) feet of the property line and the sewer provider is willing to
serve the proposed structure, a septic permit cannot be granted by the Weld County
Department of Public Health and Environment. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services.
0
16) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive
agricultural counties in the United States, ranking fifth in total market value of
agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural
area must recognize and accept there are drawbacks, including conflicts with
longstanding agricultural practices and a lower level of services than in town. Along
with the drawbacks come the incentives which attract urban dwellers to relocate to
rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and
the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well run agricultural activities will generate off-site impacts, including noise from
tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal
pens, field work, harvest, and gravel roads; odor from animal confinement, silage,
and manure; smoke from ditch burning; flies and mosquitoes; and the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches
and reservoirs cannot simply be moved out of the way of residential development
without threatening the efficient delivery of irrigation to fields which is essential to
farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be
found to be a public or private nuisance if the agricultural operation alleged to be a
nuisance employs methods or practices that are commonly or reasonably associated
with agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and County roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on
patrols of the county and the distances which must be traveled may delay all
emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to
respond to emergencies. County gravel roads, no matter how often they are bladed,
will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for
several days after a major snowstorm. Snow removal for roads within subdivisions
are of the lowest priority for public works or may be the private responsibility of the
homeowners. Services in rural areas, in many cases, will not be equivalent to
municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,
electrical power for pumps and center pivot operations, high speed traffic, sand burs,
puncture vines, territorial farm dogs, and livestock present real threats to children.
Controlling children's activities is important, not only for their safety, but also for the
protection of the farmer's livelihood. Parents are responsible for their children.
8. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the paper copies the applicant shall
submit a Mylar plat along with all other documentation required as conditions of approval. The
Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of
Planning Services Staff. The plat shall be prepared in accordance with the requirements of
Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be
submitted within sixty (60) days from the date the Administrative Review was signed. The applicant
shall be responsible for paying the recording fee.
9. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Administrative Review was
signed a $50.00 recording continuance charge may be added for each additional 3 month period.
10. The Department of Planning Services respectfully requests the surveyor provide a digital copy of
this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to dhuerter(a)co.weld.co.us
11. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to
the Weld County Board of County Commissioners with a staff recommendation for denial.
�� -�`r
B _ � _ _
By Date: January 4, 2010
Chris Gathman — Planner III
Plat Checklist POC Planner
Item Comments Check Check
Proper size and material 24" x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet
Lettering No stick-on lettering / Minimum 8 pt. lettering V
Boundaries of Lots /sse
Scale Suitable Scale?(1"=200'or I"=100')
Accesses indicated Shared Access? If so, is easement Certificate included? OA-ci
Roads labeled, including , .. vital
R.O.W
CO
Building Envelope(s)
Vicinity Map Suitable Scale?(Minimum 1"=2000') elloe
North Arrow
Legal Description 40....
Notes from Planner/
Development Standards
_ '�
Conditions of Approval � I
— cifiA) is j.sK'"''''
eh
Owneras Certificate Notarial Certificate included? All owners must sign the plat,
check the deed. i/
Surveyor's Certificate and All surveyed plats ✓
Surveyors Stamp Note: USR plats do not need to be surveyed
Director of Planning Notarial Certificate included?(RE, SE, SPR, Final PUD if Staff
Certificate Approved)
Planning Commission (USR, COZ, Minor Sub. Final) NSA
Certificate
Board Certificate (USR,COZ„Minor Sub Final) NA
(Final PUD, RE, SE&ZPMH if Board approved)
Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) NIA
Easements N IA
Please return the plat to the CAD Technician within 24 hours of receiving the plat. Womegia
Z Ili 11
Planner on Call: (Initials)
Planner Signature: Date:
WELD COUNTY, COLORADO
DEPARTMENT OF PLANNING SERVICES
1555 N171."AVENUE
GREELEY,CO 80631
PHONE:970-353-6100, EXT. 3540/FAX: 970-304-6498
Date: /1/4 20 /6 Receipt No. 1 5 7 r
Received From: 2
Permit Type No. Description Fee
4 Y-RE/SE
lcrc.
.rr. iaco -
c 4221-ZPMH
4221-USR
4221-SITE PLAN REVIEW
4221-CHANGE OF ZONE
4221-PUD
4221-MINOR/MAJOR SUB
#OF BUILDABLE LOTS
4221-ADDITIONAL 30%
FEE FOR SUB's
4221-RE-SUBDIVISIONS
4221-BOA
4221-ZPCV/ZPAS
4430-MAPS/POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
❑CASH t,dtiHECK NO. 4-2 / ❑CREDIT CARD TOTAL FEE I/Ore
Receipted By: . - DL# Exp.
cn
DATE I NO. 8385
1�
RECEIVED FROM : ._i.CC i 'm V O ..
n .r'" ADDRESS i : !
p m •. S MIN County Planning Dope�Re
o o x-o 6R€E6E eg %� _
O O tc2 a ❑F0R RENT
11 O aiFOR s :i- .f>m NO 61.1 7 2���
d U 07-3
ACCOUNT HOW PAID
PP! o A OUN _ RECESVED
O Q GHECK
BALANCE i MONEY
Chris Gathman
From: Mary Evett
Sent: Friday, January 14, 2011 5:00 PM
To: Chris Gathman
Subject: RE-5066 Barnes
Chris,
Condition #2, regarding providing a drawing of the septic systems in relation to new lot
lines, has been met.
Have a good weekend.
Mary Evett
Environmental Health Services
Weld County Department of Public Health & Environment
1555 North 17th Avenue
Greeley, Colorado 80631
Office #: 970-304-6415, Extension 2216
Fax #: 970-304-6411
1
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3747268 01/26/2011 04 54p Weld County CO
2j 1 of 1 R 11.00 10 0.00 Steve Moreno Clerk& Recorder
Shared Well Agreement
This shared well agreement, made this10`h day of January, between David and Lynae Barnes,owners
and the the property at 11671 Weld County Road 102 for the purpose if Lot A is sold of
delineating the shared responsibility for the operation,maintenance and/or replacement, if necessary,of
the well located on the property at 11671 CR 102,Nunn,CO 80648.
Whereas: The Colorado division of water resources has issued a permit#72617 for said well allowing
use by Lot A single family dwellings, the watering of domestic animals, and irrigation of not more
than one(1)acre of home gardens and lawns;
Whereas: This is the only well available to both parties to service a single family dwelling on Lot A
and a single family dwelling on Lot B;
Whereas: The well, the pump and associated electrical components are located primarily within the
boundaries of Lot B and within the single family dwelling on Lot B,now therefore:
I. Both parties agree to keep the well,pump and the associated electrical components in good
working order.
2. The owners of Lot B agree to allow the owners of to A, or their agent, access to the well, it's
pump and associated electrical components for the sole purpose of operating,maintaining or replacing
the well.
3. Both parties agree to share proportionately,one third by the owners of Lot A and two thirds by
the owners of Lot B, any and all expenses related to the operation,maintenance and/or replacement of
the well.
4. Both parties agree to use the well in accordance with the rules and regulations of the Colorado
Division of Water Resources.
5. If the owners of Lot B permanently discontinue use of the well for any reason,they must
continue to grant access to the owners of Lot A for the aforesaid purposes.
6. If one party unilaterally and permanently discontinues use of the well for any reason,that party,
at their expense, must cap off and abandon all water lines serving their property from the well.
In witness whereof, the parties have caused this agreement to be executed this 10th day of January,
2011.
.Property
///Q
DEPARTMENT OF PLANNING SERVICES
10--6 1555 N 17'"AVE
GREELEY, CO 80631
PHONE: (970)353-6100, Ext. 3540
FAX: (970)304-6498
WUDc.
COLORADO
November 8, 2010
David & Lynae Barnes
11671 CR 102
Nunn CO 80648
Subject: RE-5066 - A Recorded Exemption located on a parcel of land described as W2SE4 of Section
24, T9N, R67W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption
is approved. If staff determines that the application does not meet the approval criteria or if staff has
concerns with the application, staff may elect to forward the application for review to the Board of County
Commissioners. You will be notified and asked to appear before the Board of County Commissioners at
a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County
Commissioners will then consider your application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within
three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the
submitted materials to the Nunn Planning Commission for their review and comments. It is recommended
that you and/or a representative be in attendance at the Nunn Planning Commission meeting to answer
any questions the Commission members may have with respect to your application. Please call Nunn at
970-897-2385, for further details regarding the date, time, and place of this meeting.
If you have any questions concerning this matter, please call me.
Sincerely,
Digitally signed by Kristine Ranslem
^. p _„{-/-- Reason: 1555 the author of this document
�`;-.S F/IWI'.` Location: .11N 17th Ave
Date:2010.11.0814:48:01-07'00'
Chris Gathman
Planner
‘aitt APPLICATION FLOW SHEET
COLORADO
APPLICANT: David & Lynne Barnes CASE #: RE-9S SO Cc<
REQUEST: Two-Lot Recorded Exemption.
LEGAL: W2SE4 24-9-67 J
LOCATION: North of and adjacent to CR 102 and C 25.
PARCEL ID #: 0453 24 400014 ACRES: +/- 81 acres
Date By
Application Received 11/4/10
Application Completed 11/4/10
Referrals listed 11/8/10 CG
Vicinity map prepared
File assembled 11g$i!D �(
Case logged in computer
Letter to applicant mailed
Referrals mailed
Field check by DPS staff
Administrative Review decision: Amnrci t "
Board of County Commissioners hearing (if applicable) Date By
County Commissioners Hearing Date
Surrounding property owners notified
Presentation prepared
CC action:
CC resolution received DaPlat recorded and filed (S./0te By
1
Overlay Districts r. ( (� ciA\ ,ci
Zoning Agricultural gyp 'Jc*r
MUD Yes No_X_ �\S 1 ` cQ
IGA Yes No_X
S,
c�U
( Sc
Airport Yes No_X_ dkji_�� �
Geologic Yes _No_X S`1 �� : �� ow
Flood Hazard Yes_X_ No Panel#080266
RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
'
Parcel Number v Ll 6 2 - 2_ 14- - '"1 - li G - l�i ( 4
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co,us)
Legal Description \J25`kib �Y , Section )4 , Township 9 North, Range VI West
est
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes No
Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Vest No_
FEE OWNER(S) OF THE PROPERTY:
Name: 1)4 j41 111x1 L-jtA,te, 6/tv t A/5-
Work Phone# 6/7&f ';? -3147 Home Phone# glo(y i7-2 C;S Email Address '(1 I�ti btu 1����� a ci vin
Address: II till I C'� (LI2 1
City/State/Zip Code t\ji,,t1 A LG '0 L^-)S
APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany all applications signed by Authorized Agent)
Name: P4 jiYiZ`,
Work Phone# (/1l 3°.ice 15 Home Phone# 970/M7-2;30; Email Address &IWC r C Cv
Address: I hal I CK 02
City/State/Zip Code f\l a nil l'0 S g/4
Lot A Lot B Lot C Lot D
Smaller Parcel
Water Source X11
Type of Sewer
Proposed Use S(-0611,E huase, ��Ua
Acreage 5 -1 cr
ivy Existing Dwellings? If Yes, list address If Yes, list address If Yes, list address If Yes, list address
below: below: below: below:
`:t t Mil 1 c (oz o 3 9 a itw
' If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For
example, if a well and septic is proposed state:proposed well,proposed septic.
I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of
County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals,
and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge.
Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of
author' ion from all fee owners must be included with the application. If a corporation is the fee owner, notarized
Once mn t be included showing the signatory has the legal authority to sign for the corporation.
�
/L� r 1,e) - 1 �it.C� / L. Lam-- /tr I,'�IO
a Sfgn4 r �` `d
Signature: wrier or Au orized Agent Date Igna�iire: Owner or Authorized Agent ate
Questionnaire Answers
la. Water will be provided by a well (Well Permit#72617) is attached.
1 b. The parcel was purchased with no water rights.
2. The existing Septic Permit # is SE-1000034. The Department of
Public Health and Environment will have the original permit.
3. The parcel has one farmhouse, an unattached garage, 6 storage bins,
shop, a pump house, an old chicken coop and equipment parking. The
west side (within the windbreak) is storage for parts tractors and old
vehicles from 5 generations of family living on the property. The rest
of the 81 acres, not in the windbreak, is currently in CRP.
4. The new lot will be approximately three acres in size and located
north of CR 102 about two acres wide and one acre deep. It is being
created so we are able to rent our existing house as a single family
home. We are proposing to build a new home on the west half of the
windbreak more toward the northwest corner.
5. The property does not have any unique physical characteristics other
than the windbreak.
6. No building envelopes are requested.
7. There are no Business or Use by Special Review permits on the
property.
�V y� •
Weld County Public ors Dept. •
. -4 1111 H Street ACCESS PERMIT
,Q; ;:"u, P.O. Box 758
G- /4 Greeley, CO 80632 APPLICATION FORM
jc 'N9-' Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner(If different than Applicant)
Name 1,f., tbA ki2-u IV`) Name
Company I Address
Address 1IDll CV‘._ ICI City State Zip
City N t(\i\ State CC' Zip Si/AS Phone
Business Phone Fax
Fax E-mail _
E-mail \uYUi./.wt \lam j(tiitbi .(;;.vl A= Existing Access A= Proposed Access
Parcel Location &Sketch
The access is on WCR I bZ
Nearest Intersection: WCR I w &WCR 25 WC I CAI
Distance from Intersection Ji l b 0 f A ilAt(e.
Parcel Number CifS32-IgtN. 01
Section/Township/Range 94 (cj I4 I u ]W t 2
Is there an existing access to the property? YES NO N 3 3
Number of Existing Accesses .5 CNA h
Road Surface Type &Construction Information e'
t , i
Asphalt_ Gravel j... Treated Other WCR
Culvert Size &Type
Materials used to construct Access
Construction Start Date Finish Date
Proposed Use
❑Temporary (Tracking Pad Required)/$75 o Single Residential/$75 o Industrial/$150
o Small Commercial or Oil & Gas/$75 o Large Commercial/$150 ❑ Subdivision/$150
o Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? o No ❑ USR ❑ RE o PUD o Other
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right, & into the access)
By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit
application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity;and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances,and state laws
regarding facilities'c'an,structign.
Signa{ure,I % ,��'
_ �,!-,_---- ,�;Printed Name . .i���/�9�>ywiS Date 7/-j-/O
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
•
•
Tax Account
Summary
Account 14 R1538902
Parcel Number 045324400014
Owners BARNES DAVID R
Address 11571 CR 102
NUNN,CO 80648
Sites Address 11671 102 CR WELD 806480000
Legal W2SE4 24-9-67(.93R)
Inquiry
As Of 10/15/2010
Payment Type First
0 Second
Total Due$0.00
Update
Value
Area Id Alin Levy
0915-0915 55.2790000
Actual Assessed
AG-DRY FARM LAND-4127 3,511 1,020
FARM/RANCH RESIDENCE-IMPS-4277 70,345 5,600
OTHER BLDGS:AGRICULTURAL-4279 2,333 680
Total Value 76,189 7,300
Taxes $403.53
The amounts of taxes due on this page are based on last year's property value assesments.
REFERRAL LIST
Name: David & Lynne Barnes Case#: RE-5066
County Towns & Cities Fire Districts
_Attorney _Ault _Ault F-1
x Health Department _Berthoud _Berthoud F-2
_Extension Office _Brighton _Briggsdale F-24
_Emergency Mgt Office - Ed Herring _Dacono _Brighton F-3
_Sheriffs Office _Eaton _Eaton F-4
x Public Works _Erie _Fort Lupton F-5
_Housing Authority _Evans _Frederick
_Airport Authority _Firestone _Galeton F-6
x Building Inspection _Fort Lupton _Hudson F-7
_Code Compliance_S.-Ann_N-Beth _Frederick _Johnstown F-8
_ Kim Ogle (Landscape Plans) _Garden City _LaSalle F-9
_Lin (Addressing Change of Zone) _Gilcrest _Mountain View F-10
_Ambulance Services _Greeley _Milliken F-11
_Grover x Nunn F-12
State _Hudson _Pawnee F-22
x Div. of Water Resources _Johnstown _Platteville F-13
_Geological Survey _Keenesburg _Platte Valley F-14
_Department of Health _Kersey _Poudre Valley F-15
_Department of Transportation _LaSalle _Raymer F-2
_Historical Society _Lochbuie _Southeast Weld F-16
_Water Conservation Board _Longmont _Union Colony F-20
_Oil & Gas Conservation Commission _Mead _Wiggins F-18
_Milliken _Windsor/Severance F-17
Division of Wildlife _New Raymer
_South Hwy 66 (Loveland) _Northglenn Commissioner
x North Hwy 66 (Greeley) x Nunn _
_Division of Minerals/Geology _Pierce
_Platteville
Soil Conservation Districts _Severance
_Big Thompson/ FTC _Thornton
_Boulder Valley/Longmont _Windsor
_Brighton/SE Weld
Centennial Counties
x Greeley/West Greeley _Adams
_Platte Valley _Boulder
_West Adams _Broomfield
_Little Thompson _Larimer
Federal Government Agencies Other
_US Army Corps of Engrs x School District RE-9
_USDA-APHIS Vet Service _Central Colo. Water Cons
_Federal Aviation Admin (Structures _RR
over 200 ft or w/in 20000 ft of Pub _Ditch Company
Airport _Art Elmquist(MUD Area)
Federal Communications Comm
Kristine Ranslem
From: Kristine Ranslem
Sent: Monday, November 08, 2010 3:50 PM
To: 'joanna.williams@state.co.us'; 'Billings, Sandra'; 'troy.florian@state.co.us'; 'Joyce Wallace';
'Tori McMechan'; 'nunnfire@ezlink.com'
Subject: RE-5066 Referral
Attachments: Referral Sheetpdf; Application.pdf
We have just received a case (RE-5066) in which we ask that you review the attached material and
send a referral to us by December 8, 2010. Attached is the application and referral sheet. You may
send your comments to the Planner assigned to this case, which is Chris Gathman
(cqathmanco.weld.co.us)
If you have any problems with the attachments, we will provide hard copies upon request. Thank
you!
KrLstLwe RGtwsLevu,
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
1
• •
Kristine Ranslem
From: Kristine Ranslem
Sent: Monday, November 08, 2010 3:49 PM
To: 'lynaemj@yahoo.com'
Subject: Case RE-5066
Attachments: Applicant letter.pdf
Please see the attached letter. If you have any questions, please let us know. Thank you!
Kr stL e ROvusLevu
Planning Technician
Weld County Planning Services
1555 N 17th Ave, Greeley CO 80631
970-353-6100 ext. 3519
1
•
4.71;
D
Weld ounty Referral
;
C.
COLORADO November 8, 2010
NOV 9 2010
The Weld County Department of Planning Services has received the following item for review
Applicant David & Lynne Barnes Case Number RE-5066
Please Reply By ! December 8, 2010 • Planner Chris Gathman
Project Two Lot Recorded Exemption
Legal 'W2SE4 of Section 24, T9N, R67W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to CR 102 and west of CR 25. For a more precise location,
see legal.
Parcel Number 0453 24 400014
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this
date may be deemed to be a positive response to the Department of Planning Services. If you have any
further questions regarding the application, please call the Planner associated with the request. Please
note that new information may be added to applications under review during the review process.
If you desire to examine or obtain this additional information, please call the Department of
Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
❑ Please notify me of any public hearings regarding this request.
Comments:
L J
�"Loo�l Zw.sL
Signature ,4t Date IV t c1• It
Agency W .
+Weld County Planning Dept. +1555 N 17'"Ave, Greeley, CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
•
cVv2J Weld County Public Works Dept.
s' 1111HStreet ACCESS PERMIT
co P.O. Box 758
VP) Phone:GB(/r; 4c Greeley
( 0)CO
80632
APPLICATION FORM
Fax: (970)304-6497
Applicant Property Owner(If different than Applicant)
Name 1-1,a a( Name
Name
Company I Address
Address lRD1I C - i0Z City State Zip
City N State CS Zip Jul24.S Phone
Business Phone Fax
Fax E-mail
E-mail \urtiCoM. (¢s �(4tbi :C ♦= Existing Access A= Proposed Access
Parcel Location &Sketch
The access is on WCR I�Z
Nearest Intersection: WCR ( ` &WCR 26 wcR Oti
Distance from Intersection Silo 1 I; Milt
Parcel Number eitS 7_2'j4C " i { JJ
Section/Township/Range 24/(j N I (,)./
1 3 3
Is there an existing access to the property? YES, NO N
Number of Existing Accesses J (si R
Road Surface Type &Construction Information
Asphalt Gravel Treated _ Other cR 1O2_
Z0^4-
Culvert Size &Type kt ) Fl.°°c.
Materials used to construct Access
Construction Start Date Finish Date
••••••••••• Proposed Use
❑Temporary (Tracking Pad Required)/$75 n Single Residential/$75 ❑ Industrial/$150
❑ Small Commercial or Oil & Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150
❑ Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? ❑ No ❑ USR pi RE ❑ PUD n Other
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right, & into the access)
G"rr Ae# the A4/,e 7A'AFPe &CIateIe._ ou SeCoM.d.CCer pe/a'r n Z.r +V375a
By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit
application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the
authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances,and state laws
regarding facilities cdgstructign.
�� /�
Signa�ure,�/ /_. is /r---�-- Printed Name,;, ,. 2/''h 7.cc'S Date '/-,3-/o
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
DEPARTMENT OF PLANNING SERVICES
(eta 1555 N. 17`"
GREELEY, COLORADO 80631
PHONE: (9(970) 353-6100, EXT. 3540
FAX: (970) 304-6498
COLORADO
Date: December 21, 2010
Applicant: David & Lynne Barnes
Project: Two-Lot Recorded Exemption
Case Number: RE- 5066
Parcel Number: 0453 24 400014
1. Applicant's statement indicates there will be no construction on site .Therefore based on the
information supplied; no building permits will be required.
Regards,
Ken Swanson
Building Official
Weld County Building Department
J
Weld County Planning Department
GREELEY OFFICE
14N fl7 nil
RECEIVED
O
Weld County Referral
• November 8, 2010
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant David & Lynae Barnes Case Number RE-5066
Please Reply By December 8, 2010 Planner Chris Gathman
Project Two Lot Recorded Exemption
Legal W2SE4 of Section 24, T9N, R67W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to CR 102 and west of CR 25. For a more precise location,
see legal.
Parcel Number 0453 24 400014
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this
date may be deemed to be a positive response to the Department of Planning Services. If you have any
further questions regarding the application, please call the Planner associated with the request. Please
note that new information may be added to applications under review during the review process.
If you desire to examine or obtain this additional information, please call the Department of
Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
Ei See attached letter.
Please notify me of any public hearings regarding this request.
Comments:
Signature Date January 5. 2011
Agency Weld RE9 School District/Ault CO
++Weld County Planning Dept. +1555 N 17th Ave, Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Weld RE-9 School District
► E d` �
► Highland Schools 210 W. First Street P.O. Box 68 Ault, Colorado 80610 (970)834-1345
January 5, 2011
David and Lynae Barnes
11671 WCR 102
Nunn CO 80648
RE# 5006
Dear Mr. and Ms. Gentry,
The Weld RE9 School District has received notification from the Weld County Planning
Department regarding your request for recorded exemption.
The recorded exemption application shows the creation of one lot in addition to the
original parcel for the purpose of future residential development. The Weld RE9 School
District has established a methodology to determine in-lieu of land payment for new
residential units created by the subdivision of land in order for the District to purchase
land which will house future school buildings for the purpose of educating the children
living in these potential residences.
The total in-lieu of land payment per lot created for residential purposes is $759.
Therefore, your obligation to the Weld RE9 School District is $759 for recorded
exemption#5066.
Payment can be hand delivered to:
Weld RE-9 School District Administration Office
210 West First Street
Ault, Colorado
or mailed to:
Weld RE-9 School District
P.O. Box 68
Ault, Colorado 80610
Please include your Recorded Exemption (RE) number for reference. A receipt will be
mailed to the party requesting the exemption.
Please direct any questions to Robert Ring, Jr., Superintendent of Schools, 210 West First
Street,Ault CO 80610, or by calling(970) 834-1345.
Sincerely,
•
Robert Ring,Jr.
Superintendent of Schools
Weld RE-9 School District
• • Submit by Email Print Form
Weld County Planning Department
GREELEY OFFICE
NOV 2-9 min
♦♦♦ ' RECEIVED
CWeld County Referral
COLORADO November 8, 2010
The Weld County Department of Planning Services has received the following item for review:
Applicant David & Lynae Barnes Case Number RE-5066
Please Reply By December 8, 2010 Planner Chris Gathman
Project Two Lot Recorded Exemption
Legal W2SE4 of Section 24, T9N, R67W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to CR 102 and west of CR 25. For a more precise location,
see legal.
Parcel Number 0453 24 400014
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this
date may be deemed to be a positive response to the Department of Planning Services. If you have any
further questions regarding the application, please call the Planner associated with the request. Please
note that new information may be added to applications under review during the review process.
If you desire to examine or obtain this additional information, please call the Department of
Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter
❑ Please notify me of any public hearings regarding this request.
Comments:
Signature Ir "�""(oh ��
j ?eJ 1 //caw a/�Date ii—t6 ZO/e)
Agency V /Qt<�� cwt
4Weld County Planning Dept. :•1555 N 17th Ave, Greeley,CO.80631 4(970)353-6100 ext.3540 4•(970)304-6498 fax
• • I 1 '
rti
Weld County Planning Department
Q GREELEY OFFICE
N0V 1 7 71
RECEIVED
"ilWeld County Referral
C.
COLORADO Novembers, 200
The Weld County Department of Planning Services has received the following item for review:
Applicant David & Lynae Barnes Case Number I RE-5066
Please Reply By December 8, 2010 Planner Chris Gathman
Project Two Lot Recorded Exemption
Legal W2SE4 of Section 24, T9N, R67W of the 6th P.M., Weld County, Colorado.
Location North of and adjacent to CR 102 and west of CR 25. For a more precise location,
see legal.
Parcel Number 0453 24 400014
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this
date may be deemed to be a positive response to the Department of Planning Services. If you have any
further questions regarding the application, please call the Planner associated with the request. Please
note that new information may be added to applications under review during the review process.
If you desire to examine or obtain this additional information, please call the Department of
Planning Services.
O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests./`
See attached letter. <// b fib, --rr
O Please notify me of any public hearings regarding this request.
Comments:
Signature p / Date !i—f / —! 6
Agency 4/1! _ L/— CSd'( �c CL �Io
gr
4Weld County Planning Dept. ❖1555 N 17'"Ave, Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax
Weld County Planning Depertmetif
GR€ELEY OFFICE
jil(v‘t-N3 MEMORANDUM
RECEIVED
WI`PCITO: Chris Gathman, Planning Services DATE: 11/22/2010
. FROM: Donald Carroll, Engineering Administrator
COLORADO
SUBJECT: RE-5066, David & Lynne Barnes
The Weld County Public Works Department has reviewed this proposal. Staff comments made during this
phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining
application process. Issues of concern must be resolved with the Public Works Department. Our
comments and requirements are as follows:
COMMENTS:
Weld County Functional Classification Map: (April 2010) WCR 102 is a local gravel road and requires
a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained
by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the
required setback is measured from the future right-of-way line.
Road Access Policy: Road Access Policy: (Established Sec. 8-2-10) Direct access from a public road
will be limited to one (1) per legal parcel, except as further limited or restricted by zoning or subdivision
regulations. Additional accesses may be approved by the Department of Public Works or the Board of
County Commissioners. This policy shall apply to all new and existing accesses within the
unincorporated areas of the County. Properties within municipalities or other counties which access
County roads are subject to this policy.
Flood Hazard Development Standards:
Portions of Lots A& B are located within the FEMA mapped Spring Creek Zone A 100-Year Floodplain
and/or possibly the floodway. Weld County Code prohibits the construction of buildings within the
floodway. A Flood Hazard Development Permit(FHDP) is not required for agricultural activities.
However, at such time as the owner proposes to construct any type of building or place fill within the
FEMA designated floodplain, a FHDP will be required showing that the proposed activity is not located
within the floodway (Planning Policy No. 2010-07). Additionally, the FHDP application must show that the
development activity is in compliance with all floodplain regulations in effect at the time of application.
REQUIREMENTS:
1. The applicant shall utilize the existing accesses to the property (1 access(es) to Lot A and 1
access(es) to Lot B). No new accesses will be granted.
2. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the
applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other
than grasses, needs to be maintained at a maximum height of 12 inches until the area is
completely developed.
3. Add the following notes to the Plat:
a. WARNING: LOTS MAY NOT BE BUILDABLE DUE TO FLOODPLAIN OR FLOODWAY
DESIGNATION. Please be advised that owners of Lots A and B may not be able to
obtain building permits to construct non-agricultural structures. All construction or
improvements occurring in the floodplain as delineated on Federal Emergency
Management Agency FIRM Community Panel Map #080266-0325C dated September
28, 1982, shall comply with the Flood Hazard Overlay District requirements of Chapter
Page 1 of 2
M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5066\RE-5066.docx
23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations
and requirements as described in 44 CFR parts 59, 60, and 65.
b. Flood hazard development permits will be required for development activities located
within the FEMA mapped Spring Creek Floodplain.
c. The installation of any septic system within the 100-year floodplain shall comply with the
Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado
I.S.D.S. Regulations, no septic system shall be installed within the floodway.
pc: RE-5066
Page 2 of 2
M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-5066\RE-5066.docx
Memorandum
TO: Chris Gathman, W.C. Planning
will DATE: December 8, 2010
O
• FROM: Mary Evett, W.C. Department of Public
COLORADO Health and Environment
CASE NO.: RE-5066 NAME: Barnes
Environmental Health Services has reviewed this proposal to exempt 5 acres from an
81 acre site. Proposed lot A will consist of 5 acres and proposed lot B will consist of 76
acres. There is an existing home on proposed lot A that is served by an individual
sewage disposal system (Permit No. SE-1000034) and an individual well (Permit No.
72617). An individual sewage disposal system and individual well will be installed when
a residence is constructed on proposed lot B.
The following conditions are recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. Please note, the lot owners shall verify with the nearest Town/City
or Sanitation District to determine the location of the nearest sewer line. In
accordance with the Weld County Code, if a sewer line exists within 400 feet of
the property and the sewer provider is willing to serve the proposed structure, a
septic permit cannot be granted by the Weld County Department of Public Health
and Environment.
2. All septic systems must be located on their respective lots and meet all lot line
set back requirements. Provide a drawing of the septic system, with dimension
and distances from lot lines, to W.C. Department of Public Health and
Environment for verification of setbacks.
3. The installation of any septic system within the 100-year flood plain shall comply
with the Weld County I.S.D.S. flood plain regulations. In accordance with the
Colorado I.S.D.S. Regulations, no septic systems shall be installed within the
floodway. Please contact Weld County Public Works to verify flood plain vs.
floodway.
Additionally, please note the following:
1. This application is proposing a well as its source of water. The applicant should
be made aware that while they may be able to obtain a well permit from the
• •
Office of the State Engineer, Division of Water Resources, the quantity of water
available for usage may be limited to specific uses, i.e. domestic use only, etc.
Also, the applicant should be made aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public Health
and Environment. We strongly encourage the applicant to test their drinking
water prior to consumption and periodically test it over time.
2. Topographic or physical features of the proposed lot, such as ravines, ditches,
streams, etc. may limit the area available for a new or replacement septic
system. Prior to recording the plat the Division recommends that the applicants
review the County Code pertaining to Septic Systems to assure that any installed
septic system will comply with all setback requirements found in the Code. In the
event the proposed lot is not of sufficient size to allow the installation of a septic
system the lot may need to be enlarged.
A, OF cckb. • DEPARTMENT OF NATURAL RESOURCES
set
S' DIVISION OF WATER RESOURCES
-I.. * Bill Ritter,Jr.
• /876 jet' Governor
November 9, 2010 Mike King
Chris Gathman Executive Director
Weld Count Planning Department DirkwoStaelfe, E.
Y p Director/State Engineer
1555 N 171h Avenue
Greeley, Co 80631
Weld County Planning Department
Re: Exemption from Platting-David & Lynae Barnes GREELEY OFFICE
Case No. RE-5066 NfIV 1
W1/2 SE1/4, Sec. 24, T9N, R67W, 6th P.M. 6 nm
Water Division 1, Water District 3 RECEIVED
Dear Mr. Gathman:
We have reviewed the above referenced proposal to create by exemption two lots of 5 acres
(Lots A) and 76 acres (Lot B). The water supply for the two lots will be from an existing well, permit no.
72617-A.
Since the submitted material does not appear to qualify as a "subdivision" as defined in Section §
30-28-101(10)(a), C.R.S., pursuant to the State Engineer's March 4, 2005 memorandum to county
planning directors, this office will only perform a cursory review of the referral information and provide
comments. The comments will not address the adequacy of the water supply plan for this development
or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the
comments provided herein cannot be used to guarantee a viable water supply plan or
infrastructure, the issuance of a well permit, or the physical availability of water.
According to our records, permit no. 72617, was late registered on November 29, 1973 for the
historical use of this well, being a well producing 15 gallons per minute and used for domestic and
livestock purposes. On the same date, permit no. 72617-A was approved for the replacement of the
existing well on the condition that the old well is plugged and abandoned. The first replacement well
(permit no. 72617-A) was constructed timely however we did not received evidence that the old well was
plugged. Therefore the applicant needs to submit a Well Abandonment Report for the original well
no. 72617 to affirm that the old well was plugged and abandoned.
In addition , on January 18, 1977 a second replacement permit was issued under permit no.,
• 72617-A. This permit expired on January 18, 1979 because the second replacement was not constructed
prior to the expiration date of this permit. On January 30, 2004 the third replacement permit was issued
under permit no. 72617-A on the condition that the old well (first replacement) is plugged and
abandoned. The third replacement permit no. 72617-A was constructed on February 12, 2004 to a depth
of 420 feet and the pump installation report received on February 27, 2004 reported a pumping rate of 15
gallons per minute. Also, the old well (first replacement permit no. 72617-A) was plugged and abandoned
on February 27, 2004.
Note that the use of the ground water for wells constructed and put to beneficial use prior to May
8, 1972 is limited to the uses that can reasonably be shown to have existed as of May 8, 1972 or the
uses that can reasonably be shown to have been intended as of May 8, 1972 (provided such uses do not
exceed the statutory use limits for a residential well as specified by CRS 37-92-602(1), which allows for
Office of the State Engineer
1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-3589
www.water.state.co.us
Weld County Planning Department Page 2
November 9, 2010
up to three single-family dwellings, the watering of domestic animals and livestock, and the irrigation of
not more than one acre of home lawn and garden). Since the original well permit no. 72617 was
constructed and put to beneficial use prior to May 8, 1972, the use of the well, in addition to serving an
existing family dwelling, could have included irrigation of home lawns/gardens and the watering of domestic
animals. According to the conditions of approval of the third replacement permit no. 72617-A, the historic use
of ground water from this well was clarified as fire protection, ordinary household purposes inside not more
than two single family dwelling(s), the watering of poultry, domestic animals and livestock on a farm or
ranch and the irrigation of not more than one acre of home gardens and lawns. Well no. 72617-A can be
used to serve proposed Lots A and B as long as the well is operated in accordance with the terms and
conditions of the well permit.
Should you have any questions in this matter, please contact loana Comaniciu of this office.
Sincerely, / 1itetiti;
Joan a Williams,s, P.E.
r Resource Engineer
Cc:
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The TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has
made a careful search of its records, and finds the following conveyances affecting the
real estate described herein since August 30, 1972, and the most recent deed recorded
prior to August 30, 1972.
LEGAL DESCRIPTION:
The W '/z of the SE 1/<of Section 24, Township 9 North, range 67 west of the 6th Pm
County of Weld, State of Colorado
CONVEYANCES (if none appear, so state):
Deception No. 1593396,
17-Reception No. 1610303,
vReception No. 3152305,
eception No. 3330550,
The certificate is made for the use and benefit of the Department of Planning Services of
Weld County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor
a guarantee Title and the Liability of COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, COMPANY, has caused this certificate to be signed
by its proper officer this 6th day of October, 2010 , at 7:30AM.
ort American Title Company of Colorado
Authorized Signature
• •0Gd i i 11 n .�
-i _. 613. JUL i 1 1972 � , 3 6 3 !�.` ANN >YVmI:K
;J •P Inl lu n++r,l:Mv IN,¢ A.I1. In ..i Ali \ /7" y' ill111:11 1'
Vi I er,914no.16cr*Yee;71044 11 I I
/ v
A'
Crate alt Mill jig fl ne presents, That t..
. I ESA E, BARNES ..
of the County of Weld ............ ..and State of , Colonod o for the consideration
a.
• of.....o.ther...v.Rillah..1.e...cowalanxv.LkATI..t!N.d.01.1P._Aratt_oe/iriQ- -..7..- .- -.Dollars,
n in hand paid, hereby sell and quit-claim to -
en
Co NOR ER'I' 'i'. BARN PS
'^' Ir 1 Colorado
n i of the County of.... IBkS._. .__........_.and State of .. .. , the following
T41
a real property,situate in the County of............_Val„) .. ....and State of Colorado,to-wit: 11
-o ,
o Tile South Hal( SS1) QS_ Section twenty-fumy (?(I) th.t North
II 11n1 " -' i1P 'lnntfi Iln11 y'.A of c..r.l ( -,+ r '
South irair—(eirj or See :ion •Chirty crilee L :,) ,
N of the Northwest quarter (W:& Pef)$.) of Section Pweuty-et trlit (-'f',),
r, oil in 'Pownship Nine (9) North, Dance Sixty-seven (,.o) '.lest, or •
Ti the C,01 P.M. , and the East Rail n' the Soul:hoast tl.unrucl (i:'t ti l•7-(
of Section Six (C), To:1Is s.
i:ip Nine (0) North, iron!;o Six tv- I x ii in, •
—' West of the 6th P.N. , and the Northwest: ,f,,un rice (MI- ) of Sec);_ ti
1
Eip;ht (S), Township tS ht ('+) Nor AI, image Sixty-31:: (I u) West
of the oth P.M. -
1
i
• !i
clo ci, trigl•+ ),rTYK •
II
• with all its l appurtenances__;.Uh.,i.f;C.-....L=.p......c Ytil,i,otl _ n.11.... q.9. iii i.ot:p..e[„cuS2,.!. :,
i
I I
1
Signed and delivered this I/ .. ....day of.. :July. . .,A:D. ID..!.. . :-
I
[n the Presence of >"` 5'
Y_. , ; 4 •1
...Era..L. )'iera.a� .t..lY... ds;.u..• ... . .
lira L. es il
II
.... .
........ .. . ... .... . .. ..._.. II
STATE OF COLORADO, I.ss, The fore oing instrument was acknowledged before me this '
County of Weld. I 0 IF
// day of duly 19.,.2... Il
hlllh":N c,. BARNES. II
7.:.A.;: Ye^11 S1 2r.. .. _S................ �:f...(l.'F.L,e.L.-/. .dL2t1...../>:TYn:Nomrl Public II
ppie 4-and Official Seal.
(I
J lQ� �"\n
�.,t-1 gnteya tar
F ,:rib. .•Nojlnes
1 QU,T-CLAIM-ti'ATUTORY rOPM. FOR Pi1OTOORAPXIC RecoaD.1 CC r X.Kwia CO.Cowen.COLD iOClii II
c i
Cey'np s "es Recorded at. w o-
:. Re.erdar d f
Y JIt r:Ah 1 [
iv I H'v^.C,OEDE'p''trAtie
�, ai`HISII)EED� Made Chia ,27a�t da'y'o4 March r
19 73 between ROBERT T BARNES .1
of Le
d 0' ,i r , iCoean'y o1 wal$ and$ta}a of Colo
redo,at Ptst,and BARNES FA
RMS, Ih'(J
: !, •
;i. hcdrporatlon ofaanized and I
• t7 - ekt dire under amd by virtue of ihs latve of the beak of 'Co).'orad0
`D o[t4o eaeand➢axte
r', ! IWITNESSETH,That the said Dart y of than first part for and iin consideration of the sum. of
ear Ten Dollars and other valuable coneideration 7dR£1t
to the said Harty of the first Duct in hand paid by the,acid party of ties second port,the receipt whereof is
r aee'eby crns<soge ena neon...14844, ;:S,- - v .•A,ea,i a cocoa araeeta d..air
•
H grant,bargain,sell,convoy and confirm,unto the said party of the second part,its anccessore end assigns forever,
o all of the following described lot or parcel of land,situate,lying.and being in the
o County of weld and State of•Colorado,to wit:
The South Half. (S1) of Section Twenty-four (24), the North Half
! of the North Half (NzNz) of Section Thirty-two (32), and the West
• tv Half of the Northwest Quarter (W'NW') of Section Twenty-eight (28),
er all in Township Nine (9) North, Range Sixty-seven (67) West of the
6th P,M., and the East Half•,of the Southeast Quarter (E'SE') of
Section Six (6), Township Nine (9) North, Range Sixty-six (66) West
of the 6th P.M. , and the Northwest Quarter (NW%) of Section Eight
(8), Township Eight (8) North, Range Sixty-six (66) West of the 6th
P.M.
TOGETHER with all and singular the hereditament. and appurtenances thereunto belonging or in anywise •
appertaining,and the reversion and reversions,remainder and reaaindors,rents,issue.and profit+thereof;and all
the estate,right,title,interest,claim and demand whatsoever o:the sold party of the first part,either to law
or equity,of,in and to the above bargained nominee,with the hereditammenta and appurtenances,
TO HAVE AND TO HOLD the said promisee above bargained and described,with the appurtenances,unto the
sold party of the second part, its successors and nudges farrier.And the said pasty of the first part, for
himself his heirs, executor., and administrator,doe; covenant,giant,bargain and agree to and with
the arid party of the second part,its eereawre mud assigns, 'bat at the time of the rumpling and delivery of
these presents, he is well seized of the Dres^ises above conveyed,us of good, sure, perfect, absolute and
indefeasible estate of Inheritance,in law,in fee simple,and hi 9 Rood right,full power end lawful authority se
grant,bargain,sell and convey the same in manner erd form as aforesaid,and that the some are free and clear from
all former and other grants,bargains,sales,liens,taxes,asseeements and encumbrance. of whatever kind or nature
novae, subject to reservations and conditions of record.
and the above hargained premises in the quiet end peaceful possession of the said party of the second part, its
secceseore and ensigns,against all and every person or persona lawfully claiming or to claim the whole or any pert
thereof,the sold party of the first pert shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part nee hereunto set his hand
and seal the day and yesrfimt above written. 7� 7
Signed,Sealed and Delivered In the Presence of ..:_ .... .. ........... /1...!7 eiCtka."[SEAL]
....._....__.._.........._............................................._..__..__._......... [SEAL]
.._ . _..........._._..._.._......... [SEAL]
STATE OF COLORADO
lee.
County of La inlet
The jpragetng•lnetrument was acknowledged before me this 27th day of Mar ch
to7v.$;$o$erpT, Barnes.
Ili ittr a ii 1 x'ree FPbruary 10, 1977.
nit 1pt� .
r Imo:,: P{'o '0131 i
' weS ytn,L%hd Official anal. /-
,F: ./
re —
��''•.. r \ e' — � Wotan YOB,
No.952.WARRANTY Haas To'toaraaATlON—Pee PFebauptle neneE.
—ne.Non:,aabesaen Pea Vea(.e•npe'M,tarns oboe 61r•y Dec.tn Cojoredo
• •
I IIIIII111IIIII IIIII10IIII IIIII111111III11111IIIIIIII
3152306 02109/2004 10:48A Weld County, CO
3% 1 of 1 R 6.00 0 12.28 Steve Moreno Clerk a Recorder
Filed for record the day of ,A.D, , at o'clock_M. RECORDER
Reception Mo. By DEPUTY.
3
WARRANTY DEED State Documentary Fen
$Date a-5—ml
THIS DEED, Made M .his day Of January COR /a 3
between BARNES PARMS,INC..A COLORADO CORPORATION
of the County of LARIMER and State of Colorado , the Grantor(s), and
KRISTIN BARNES
4
whose legal address is : X_PO „4„,, /7er AA„,, Co .0a4.r
of the County of and State of , the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sun of ( $123,750.00 ) g
en One Hundred Twenty Three Thousand Seven Hundred Fifty and 00/100 Gam DOLL'S 8gg"
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these 1
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, If any, situate, lying and being in the County of
WELD and state of Colorado, described as follows:
THE W lag OF THE SE 1/4 OF SECTION 24,TOWNSHIP 9 NORTH,RANGE 67 WEST OP THE 6TH P.M.,COUNTY OF
WELD.STATE OP COLORADO
also known as street number 11671 WCR 102,NUNN.CO 50648
TOGETHER with all end singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining S
'and the reversion and revarsisns, remainder and remainders, rents, issues and profits thereof; end all the estate, right
title interest, claim end demand whatsoever of the Grantor(s), either In law or equity, of, in end to the above bargained
premises, with the heredi taments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
f.
'' bargain, and agree to end with the Grantee(s), his heirs and assigns, that at the time of the instating and delivery
of these presents, he is well seized of the premises above conveyed, has good, aura, 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 seine in manner and form as aforesaid, and that the same are free and clear from ail former and other d
grants, bargains, sales (lens,
liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, St
SUBJECT TO GENERAL TAXES FOR THE YEAR 2004;AND EASEMENTS,RESERVATIONS,RESTRICTIONS,COVENANTS AND
RIGHTS OF WAY OF RECORD,IF ANY;AND DISTRIBUTION UTILITY EASEMENTS;AND MATTERS NOT SHOWN BY THE PUBLIC
RECORDS BUT OF WHICH GRANTEE HAS ACTUAL TAXING DISTRICT;ANDD THE BENEPIT'S AND BURDENS KNOWLEDGE
OF ANY DECLARATION AND PARTY WALL AGREEMENTS,IF ANY
The 4rantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable G
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders. `-y
IN WITNESS WHEREOF the Grantor(s) has executed this deed on/t-hte-,,date set forth✓rt above.
N FARMS. CO C CORPO�TON
I.
BY:ROBERT T.BARNES,PRESIDENT
STATE OF Colorado )
)55.
County of LARIMER )
li
The foregoing instrument was acknowledged before me on this day of January 30.2004 ,
by ROBERT T.BARNES AS PRESIDENT OF BARNES 'MS,INC.,A CO ADO CORPORATION
C J
My commission expires O AG
Witness my hand and o airl•ch isinOD1�°i , l`_4 !se
•
NON•(O�C, k1. , Note P_'ar ril
Wane and Address of Pers• CP¢'� - '•eated Legal Description ( 38-35-106.5, C.R.S.)
min _ � ...
Escrow*/ FC25038125 H`y •GOm When Recorded Return to: KRISTIN E R� l�-K ` a A t.
Title FC2503B824 [inn K On. got,Lig
Fonn No. 932 Rev 4-94. WARRANTY DEED (Photographic Record WD1)
41,
•
5� 1111111 11111 11111 1111111 1111 111111 11111 111 11111 1111 1111
1 of 1 R 6.00 0 12.5 50 Steve Weld
oreno County,
lerk&Recorder
When Recorded Mail To:
David R.Barnes
WARRANTY DEED
THIS DEED,Made this 30th day of September,2005 between Kristin Barnes,whose address is,,Colorado of the County of Weld,
State of,grantor(s)and David R.Barnes,whose address is,Colorado of the County of Weld,State of,grantee(s):
WITNESSETH,That the grantor(s),for and in consideration of the sum of One Hundred Twenty Five Thousand and 00/100 debars
($125,000.00),the receipt and sufficiency of which is hereby aclmowledged,has granted,bargained,sold and conveyed,and by these
present do(es) grant,bargain,sell, convey, and confirm, unto the grantee(s)their heirs and assigns forever,all the real property,
together with improvements,if any,situated,lying and being in the County of Weld,State of Colorado,
The W 1/2 of the SE 1/4 of Section 24,Township 9 North,Range 67 West of the 6th P.M.,County of Weld,State of Colorado.
TOGETHER with all and singular the hereditarnents and appurtenance 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 heredittments and
appurtenances.
r TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee(s)their heirs
c' and assigns forever. And the grantor(s),for their heirs and personal representatives,does covenant,grant,bargain,and agree to and
O with the grantee(s),their heirs and assigns,that at the time of ensealing and delivery of these presents,well seized of the premises
I_ conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simply and has good right,full power
V/ and authority to grant,bargain,sell and convey the same in manner and form as restrictions of whatever kind of nature soever,except
for taxes for the current year, a lien but not yet due and payable,and those specific Exceptions described by reference to recorded
documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a(Title Review),of the contract dated
between the parties.
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
possession of the grantee(s),their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part
thereof.
IN WITNESS WHEREOF,the grantor(s)have executed this deed on the date set forth above.
/�lir..2.X (is7/�n—
Kristin Barnes
STATE OF COLORADO
)ss.
County of Weld
The foregoing instrume2,n�t was acknowledged before me this 09/30/05
by 4(r I:A i n kin.rflFS
Witness my hand and official seal.
notary public Spay (/
My commission expires 1 'ClO O:• vC
i &R4j
9 �fCJI�Pa
111111111111111111111111011111) 11111 III 11111 1111 (III 4111
3330551 10/11/2005 02:37P Weld County, CO
O 1 of 12 R 61.00 D 0.00 Steve Moreno Clerk & Recorder
Return To:
CORNERSTONE MORTGAGE COMPANY
1177 WEST LOOP SOUTH#200
HOUSTON,TEXAS 77027
Attn.: FINALIZATION DEPARTMENT
Loan No.: 6810001435
Prepared By:
CORNERSTONE MORTGAGE COMPANY
1177 WEST LOOP SOUTH,SUITE 200
HOUSTON,TEXAS 77027
1' (Space Above This Line For Recording Data]
�` � � � � �� DEED OF TRUST
MIN 1001770-6810001435-8
MERS TELEPHONE: (888)679-6377
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21.
Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument"means this document,which is dated September 30,2005, together with all Riders to this document.
(B)"Borrower"is DAVID R BARNES.
Borrower is the trustor under this Security Instrument.
(C) "Lender" is CORNERSTONE MORTGAGE COMPANY. Lender is a corporation organized and existing under the laws of
THE STATE OF TEXAS. Lender's address is 1177 WEST LOOP SOUTH,SUITE 200,HOUSTON,TEXAS 77027.
(D)"Trustee"is the Public Trustee of WELD County,Colorado.
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for
Lender and Lender's successors and assigns. MERS Is the beneficiary under this Security Instrument. MERS is organized and
existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48`01-2026, tel. (888)
679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated September 30, 2005. The Note states that Borrower owes
Lender One Hundred Twenty Five Thousand And 00/100 Dollars(U.S. $ 125,000.00)plus interest. Borrower has promised to pay
this debt in regular Periodic Payments and to pay the debt in full not later than October 1,2035.
(G)"Property"means the property that is described below under the heading"Transfer of Rights in the Property."
(H)"Loan" means the debt evidenced by the Note,plus interest, any prepayment charges and late charges due under the Note,and all
sums due under this Security Instrument,plus interest.
(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by
Borrower[check box as applicable]:
[ ] Adjustable Rate Rider [ ] Condominium Rider [ ] Second Home Rider
[ ] Balloon Rider [ ] Planned Unit Development Rider [ ] 1-4 Family Rider
[ ] VA Rider [ ] Biweekly Payment Rider [ ] Other(s) [specify]
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative
rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions.
COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3006 1/01
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(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed
on Borrower or the Property by a condominium association,homeowners association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper
instrument,which is initiated through an electronic terminal,telephonic instrument,computer, or magnetic tape so as to order,instruct,
or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers,
automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers.
(M)"Escrow Items"means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other
than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii)
condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or(iv)misrepresentations of,
or omissions as to, the value and/or condition of the Property.
(0)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan.
(P)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts
under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation,
Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or
regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a"federally related
mortgage loan"under RESPA.
(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed
Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the
successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and
conveys to Trustee, in trust, with power of sale, the following described property located in the County[Type of Recording Jurisdiction] of
WELD[Name of Recording Jurisdiction]:
THE W 1/2 OF THE SE 1/4 OF SECTION 24,TOWNSHIP 9 NORTH,RANGE 67 WEST OF THE 6TH P.M.,COUNTY
OF WELD,STATE OF COLORADO.
Parcel ID Number:
which currently has the address of
11671 WELD COUNTY ROAD 102 [Street]
NUNN [City] ,Colorado 80648[Zip Code]("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All
of the foregoing is referred to in this Security Instrument as the"Property." Borrower understands and agrees that MERS holds only
legal title to the interests granted by Borrower in this Security Instrument,but, if necessary to comply with law or custom, MERS (as
nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not
limited to,the right to foreclose and sell the Property; and to take any action required of Lender including,but not limited to,releasing
and canceling this Security Instrument.
COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3 06 l/Ol
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1111111111 IIII11111111 IIII 111111 IIIW1111 IHI
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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the
current year not yet due and payable.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal,Interest,Escrow Items,Prepayment Charges,and Late Charges.Borrower shall pay when due
the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note.
Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall
be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security
Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order;(c) certified check, bank
check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency,instrumentality,or entity; or(d)Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other location as
may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial
payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial
payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment
or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. Lender may hold such
unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of
time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or
in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and
applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;(b)principal due under the Note;
(c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any
remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to
reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any
late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is
outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent
that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any
prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend
or postpone the due date,or change the amount,of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the
Note is paid in full, a sum (the"Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which
can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on
the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance
with the provisions of Section 10. These items are called"Escrow Items." At origination or at any time during the term of the Loan,
Lender may require that Community Association Dues,Fees, and Assessments, if any,be escrowed by Borrower,and such dues, fees
and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any
or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any
such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to
provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and
COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form�3006 1/01
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I 1111 11111 11111IIIIIII Ell 1111 11141111 III! IB !
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Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all
Funds,and in such amounts,that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time
specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the
amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in
accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity(including
Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to
pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the
Funds, annually analyzing the escrow account, or verifying the Escrow Items,unless Lender pays Borrower intere,t on the Funds and
Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to
be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can
agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual
accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds
in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as
required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but
in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance
with RESPA,but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds
held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property
which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community
Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the
manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is
performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings
which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such
proceedings are concluded; or(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security
Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by
Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to,
earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible
levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term
of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove
Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this
Loan, either: (a) a one-time charge for flood zone determination,certification and tracking services; or(b)a one-time charge for flood
zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably
might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by
Borrower.
If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage. at Lender's option
and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such
coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the
Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could
have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this
COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3006 I/0I
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Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such
interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such
policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender
shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all
receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage,not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if
not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,any insurance proceeds, whether or not the
underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is
economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance
proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security
would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,
with the excess,if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file,negotiate and settle any available insurance claim and related matters. If
Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender
may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the
Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an
amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than
the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such
rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument,whether or not then due,
6. Occupancy. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after
the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one
year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or
unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or
impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the
Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its
condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if
Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or
in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may
inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior
inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any
persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or
inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan.
Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)Borrower fails to
perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly
affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for
condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to
protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of
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the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums
secured by a lien which has priority over this Security Instrument; (b) appearing in court; and(c)paying reasonable attorneys' fees to
protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or
board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have
utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any
duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized wider this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security
Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease, If Borrower acquires
fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay
the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by
Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to
Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially
equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding
the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss
reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that
Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately
designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making
the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower
shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest
at the rate provided in the Note.
Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may incur if Borrower does
not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements
with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory
to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to
make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from
Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any
affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion
of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses.
If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of tha premiums paid to
the insurer, the arrangement is often termed"captive reinsurance."Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any
other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they
will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance
under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain
disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be
paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender
shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the
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work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's
security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or
not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the
sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in
writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a)the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided
by(b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be
paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the
partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the Opposing Party(as defined in the
next sentence)offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date
the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property
or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes
Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding,whether civil or criminal, is begun that, in Lender's judgment,could
result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security
Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the
action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided
for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of
Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required
to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation,
Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount
then due,shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does
not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's
interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this
Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this
Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security
Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender
agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the
successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to,
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attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security
Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fce. Lender may not
charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a)any such loan charge shall
be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower
which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's
acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have
arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any
notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first
class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute
notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender ol'Borrower's change
of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of
address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one
time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless
Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be
deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also
required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and
the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject
to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by
contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that
any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or
words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and(c)the word"may"gives
sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"
means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for
deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a
future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person
and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate
payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise
is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the
right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the
Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify
for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument. Those conditions are
that Borrower; (a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, including,but not limited to,reasonable attorneys' fees,property inspection and valuation fees, and other fees incurred for
the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as
Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that
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Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender: (a)cash;(b)money
order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution
whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by
Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However,this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note(together with
this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity
(known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other
mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written
notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made
and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an individual litigant or the
member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has
breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the
other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other
party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period
which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph.
The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this
Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic
or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property
is located that relate to health,safety or environmental protection; (c)"Environmental Cleanup"includes any response action,remedial
action, or removal action, as defined in Environmental Law; and(d) an "Environmental Condition"means a condition that can cause,
contribute to,or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use,disposal,storage, or release of any Hazardous Substances,or threaten to
release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the
presence,use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,
hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of
which Borrower has actual knowledge, (b) any Environmental Condition,including but not limited to,any spilling, leaking,discharge,
release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous
Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory
authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable
Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date,not
less than 30 days from the date the notice is given to Borrower,by which the default must be cured; and(d)that failure to cure
the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security
Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and
the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration
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and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate
payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and
any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this Section 22, including,but not limited to,reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of
default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as
provided in Section 15. Trustee shall record a copy of the notice In the county in which the Property is located. Trustee shall
publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in
the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time
required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest
bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any
order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and
place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be
entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all expenses of the sale,including, but not
limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to
the person or persons legally entitled to it.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this
Security Instrument and shall produce for Trustee, duly canceled, all notes evidencing debts secured by this Security Instrument.
Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the
statutory Trustee's fees.
24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3006 1/01
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Form No. OFFICE OF THE!ATE ENGINEER •
GWS!25 -COLORADO DIVISION 818 Centennial Bldg.,1313 h �
OF WATER RESOURCES
(303)866-3581 1397
WELL PERMIT NUMBER 72617 - A
DIV. 1 WD3 DES. BASIN MD
APPLICANT
APPROVED WELL LOCATION
WELD COUNTY
SW 1/4 SE 1/4 Section 24
BARNES FARMS Township 9 N Range 67 W Sixth P.M.
ROBERT T.BARNES DISTANCES FROM SECTION LINES
11671 WCR 102 130 Ft.from South Section Line
NUNN,CO 80648- 1920 Ft.from East Section Line
UTM COORDINATES
(970)897-2507 Northing: Fasting:
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF This PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used In such a way as to cause no material injury to existing water rights. The issuance of this permit
does not ensure that no injury will occur to another vested water right or predude another owner of a vested water right from
seeking relief in a civil cart action.
2) The construction of this well shall be in compiance with the Water Well Construction Rules 2 CCR 402-2,unless approval
of a variance has been granted by the State Board of Examiners of Water Wel Construction and Pump Installation
Contractors in accordance with Rule 18.
3). Approved pursuant to CRS 37-92.602(3)(c)for the relocation of an existing wet,permit no.72617-A. The old well must be
. plugged in accordance with Rule 16 of the Water Well Construction Rules within ninety(90)days of completion of the new
well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that the old well was
Plugged.
4) The use of ground water from this well is limited to fire protection,ordinary household purposes inside not more than two
single faddy dwelling(s),the watering of poultry,domestic animals and livestock on a farm or ranch and the irrigation of not
more than one aae of home gardens and lawns.
5) The pumping rate of this well shall not exceed 15 GPM.
6) This well shall be constructed not more than 200 feet from the location specified on this permit.
di. 3o.0/!
I. C
APPROVED 4 Z . 411.141.4.6
. - aiuiab
IOC �''
State Engineer BY
Receipt No.0519968 DATE ISSUED 01-30-2004 EXPIRATION DATE 01-30-2006
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