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RESOLUTION
RE: APPROVAL OF CONDITIONAL USE PERMIT NO. 27 : 77 : 4 FOR A
HORSE TRAINING STABLE AND AN ADDITIONAL RESIDENCE ON
A TRACT OF LAND IN THE NORTHWEST QUARTER OF THE NORTH-
EAST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66
WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO - VERNON
THOMAS , 7695 EAST 104TH, HENDERSON, COLORADO 80640.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, held a public hearing on the 22nd day of August, 1977 ,
at the hour of 9 : 00 o'clock A.M. , for the purpose of hearing the
application of Vernon Thomas , for the granting of a Conditional
Use Permit for a horse training stable and an additional residence,
on the following described real estate, to-wit:
The Northwest Quarter (NWq) of the Northwest Quarter
(NWa) of Section 20, Township 1 North, Range 66 West
of the 6th P.M. , Weld County, Colorado, being more
particularly described as follows:
Beginning at the North Quarter Corner Na Cor) of
siad Section 20 , and considering the West line of the NW4
NEQ of said Section 20 as bearing South 08°15 ' 16"West,
and with all other bearings contained herein relative
thereto;
Thence South 00°15 ' 16" West, along said West line ,
1328. 36 feet; Thence South 89°54 ' 48" East, 1330. 31
feet;
Thence North 00°13 ' 36" East , 1330 . 37 feet;
Thence North 90°00 ' 00" West, 1329 . 67 feet to the
North Quarter Corner (NaCor) of said Section 20 , said
point being thePoint of Beginning.
Said described parcel of land contains 40. 5888 acres , more
or less , and is subject to any rights-of-way or other instru-
ments of record or as now existing on said described parcel
of land.
WHEREAS, the petitioner was present, and
WHEREAS, evidence was presented in support of the grant of the
Conditional Use Permit for a horse training stable and an additional
residence on the above described real estate, and
WHEREAS, Section 3. 3.D. (4) of the Weld County Zoning Resolution
authorizes such a use in an Agricultural District on the grant of
a Conditional Use Permit by the Board of County Commissioners , and
PL0596
770247
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, heard all the testimony and statements of those present,
has studied the request of the petitioner and the recommendations
of the Weld County Planning Commission and all of the exhibits
and evidence presented in this matter, and having been fully in-
formed and satisfied that the request for a Conditional Use Permit
for a horse training stable and an additional residence on the
hereinabove described real estate, complies with all of the condi-
tions as set out in Section 3. 3.D. (2) of the Weld County Zoning
Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the application of
Vernon Thomas of 7695 East 104th, Henderson, Colorado 80640 , for
a Conditional Use Permit for a horse training stable and an
additional residence on the hereinabove described tract of land,
be, and hereby is, granted, subject to the Development Standards
contained in the Conditional Use Permit.
BE IT FURTHER RESOLVED by the Board of County Commissioners
of Weld County, Colorado, that the reasons for approval contained
in the Planning Commission Recommendations dated August 16 , 1977 .
be, and hereby are, incorporated as the findings of fact of the
Board of County Commissioners in this matter.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 22nd day of
August, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
. � COUNTY, COLO,' •DO
ATTEST: ', / aus
AL
Weld Countyerk and Recorder
and Clerk to the B6
/ p
�es,.a. . (22-4_3t_
seputy County Clerk /1
APp�O D AS T
41.2446.2 C2
County Attorney
-2- Date Presented: August 24 , 1977
Copy of resolution approving CUP
RECEIPT FOR CERTIFIED MAIL-304{ (plus postage)
SENT TO POSTMARK
Vernon Thomas OR DATE
STREET AND NO.
C-e 7695 F 104th
P.O., STATE AND ZIP CODE
Cr
0 Henderson Colo. 80640 8/25/77
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN 1. Shows to whom and date delivered 15d
(f; RECEIPT With delivery to addressee only 654
SERVICES 2. Shows to whom,date and where delivered.. 354
With delivery to addressee only 85i
DELIVER TO ADDRESSEE ONLY 504
C3 SPECIAL DELIVERY (extra fee required)
_
Z PS Form NO INSURANCE COVERAGE PROVIDED—
API. 1971 3800 (See other side)
NOT FOR INTERNATIONAL MAIL >GPO 1974 0-ssl-ass
•
a Gans is I.2.and 3.
s, $.reset Add .. Sent ha the "RETURN TO spelt ea
ffi 4 s sir.` sundae is requested (cheek one) A�
. Is 1O1 whom,
a and date delivered OW
P . 8 whom,date,&addreuwf delivery
V 'tt t. CTED DELIVERY. '
v, 'Al il whom and date delivered 't'
", l0 * TED DELIVERY.
..,date,and address of delivery 15;
Thomas -
1 ' 104th
Mir- . a L. 104th
Colo. 80640
w� •
,; 0. CERTIFIED NO. INSURED NA....
640972
obtain signature m addition or Nerd)
g ' the article described above.
P C Addressee O Authorized agent .
eq
DELIVERY
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DDRESS (Complete only N nqu /�°`.l ,
8 UNABLE TO CELLAR BECAUSE
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s CUP 8/24/77
p ,. i
iv ors:
BEFORE THE _LD COUNTY, COLORADO PLANNING C IISSION
RESOLUTION OF 'RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. CUP # 27:77 :4 Date August 16, 1977
APPLICATION OF Vernon Thomas ___--
ADDRESS 7695 East 104th, Henderson, Colorado 80640
Moved by Frank Suckla that the following resolution be introduced
for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the
application for Horse Training Stable and an Additional Residence
covering the following described property in Weld County,
Colorado, to-wit:
be recommended (favorably) (XKKx£I ) to the Board of County
Commissioners for the following reasons:
1, The request is in conformance with the Weld County Comprehensive
Plan and the intent clause in the Agricultural District, Section
3. 3(A) of the Weld County Zoning Resolution, since it is promoting
agriculture as the predominant land use,
2. It is the opinion of the Planning Commission that this request is
in compliance with the provisions of Section 3.30D(2) of the Weld
County Zoning Resolution which states:
"The Planning Commission and Board of County Commissioners
shall consider the following in making their deterimi-
nation in approving or denying a Conditional Use Permit :
Motion seconded by Jerry Kiefer _
Vote: For Passage Jerry Kiefer Against Passage
Frank Suckla ----- --
Ben Nix
Irma White
Bette Kountz _ ---
The Chairman declared the Resolution passed and ordered that a certified copy
be forwarded with the file of this case to the Board of County Commissioners
for further proceedings.
LEQ(1L DESCRIPTION
•
The Northwest Quarter (NW4) of the Northeast Quarter (NE4) of Section 20,
Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado,
being more particularly described as follows:
Beginning at the North Quarter Corner (N4 COR) of said Section 20, and
considering the West line of the NW4 NE4 of said Section 20 as bearing
South 00°15'16" West, and with all other bearings contained herein relative
thereto; / . a/42-/ -
Thence South 00015'16" West, along said West line, 1328.36 feet;
Thence South 89°54' 48" East, 1330.31 feet; 7/.26/ 7
Thence North 00013' 36" East, 1330.37 feet;
Thence North 90000'00" West, 1329.67 feet to the North Quarter Corner
(N4 COR) of said Section 20, said point being the Point of Beginning.
Said described parcel of land contains 40.588 acres , more or less, and
is subject to any rights-of-way or other instruments of record or as now
existing on said described parcel of land.
Vernon Thomas
CUP-27:77:4
P. C. RESOLUTION
August 16, 1977
Compatibility with the surrounding area, harmony
with the character of the neighborhood and
existing agricultural uses, need for the proposed
use, its effect upon the immediate area, its
effect on future development of the area and the
health, safety, and welfare of the inhabitants
of the area and the County."
This determination is based upon the following:
A. The request is to establish an agriculturally related
enterprise in the Agricultural District in an area where
the surrounding land uses are predominantly agricultural.
B. The Town of Fort Lupton Planning Commission has indicated
the Town has no objections to the proposed facility.
C. The Weld County Health Department has indicated the proposal
is in compliance with all applicable Weld County and State
Health Standards and Regulations.
D. The Weld County Engineering Department has indicated they
were unable to identify any engineering problems with the
request.
E. The Soil Conservation Service had indicated they have no
adverse comments to the proposed project.
F. The Fort Lupton Fire Protection District has indicated they
have no objections to the request.
G. The Planning Comm. has not received any opposition to this
request from any of the surrounding property owners.
CERTIFICATION OF COPY
I , Shirley A. Phillips , Recording Secretary of the Weld County
Planning Commission , do hereby certify that the above and foregoing
Resolution is a true copy of the Resolution of the Planning Commission
of Weld County , Colorado , adopted on _ August 16, 1977 and re-
corded in Book No . — V of the proceedings of the said Planning
Commission .
Dated the 16 day of August 1 9._77
Secretary
Vernon -Thomas
Conditional Use Permit
Development -Standards
1 . The permitted uses on the hereon described parcel of land shall
be the facilities as shown for a horse training stable. The
facility is designed and approved only as a horse training
-stable; it is not to be utilized as a riding stable, or for any
type of rodeo activities.
2. The Conditional Use Permit area shall be maintained in such a.
manner so as to prevent soil erosion, fugitive dust , and the
growth of noxious weeds .
3. The Conditional Use Permit shall be limited to the plans as
shown hereon and governed by the development standards stated
above and all applicable Weld County regulations. Any change to
the plans and/or the development standards shall require the
approval of another Conditional Use Permit before such changes
shall be permitted.
i • •
The Weld County Planning Commission held a scheduled meeting on
August 16 , 1977, at 1 : 30 p .m. in the Weld County Centennial Center
County Commissioners ' Hearing Room, first floor, 915 10th Street,
Greeley , Colorado.
Roll Call was as follows :
Ben Nix Present
Bette Kountz Present
Irma White Present
Frank Suckla Present
Jerry Kiefer Present
Marge Yost Absent
Percy Hiatt Absent
Harry Ashley Absent . ,
Chuck Carlson Absent:
As a quorum was present , the meeting proceeded as scheduled. The
minutes of the August 2, 1977, meeting were approved unanimously.
APPLICANT: Vernon Thomas
CASE NUMBER: CUP-27 : 77 :4
LEGAL DESCRIPTION: NW*, NE*, Section 20, T1N, R66W
LOCATION: 3 miles north of Brighton
SUBJECT: Horse training stable and an additional residence
APPEARANCE : Mrs. Hiram Thomas
DISCUSSION: Mrs. Thomas briefly presented the request for the
Conditional Use Permit. She explained that when they bought the
property they bought it with the understanding of being able to
build an additional house on it . There is also a horse training
stable there. Two families are now living in the one home on the
property and they now wish to build an additional residence. Ken
McWilliams then read the staff recommendation and development
standards. Mr. Suckla then stated that he had recently visited
the property and said that it was very neat , clean and very well
kept up.
MOTION: Be it therefore resolved to recommend approval with the
development standards to the Board of County Commissioners. Motio
by Frank Suckla, seconded by Jerry Kiefer. A vote of "aye" by
Jerry Kiefer, Frank Suckla, Ben Nix, Irma White, Bette Kountz.
Motion carried.
APPLICANT: George Hoecher
CASE NUMBER: S-137: 77: 19
LEGAL DESCRIPTION: Pt . S , Section 14, T6N, R66W
LOCATION: z mile north of Seeley Lake
SUBJECT: Final Plat-Pinnacle Park, Third Filing
APPEARANCE: Jerry McRae and George Hoecher
DISCUSSION: Jerry McRae briefly reviewed the request and stated that
the subdivision is basically the same as the preliminary plan which
was prepared in 1968 . Upon hearing Mr. McRae ' s comments, the
Chairman asked for the staff ' s recommendation. Ken McWilliams read
~ Planning Commission "lutes •
• Page 2
the tabling recommendation into the records. When asked to comment
on the recommendation, Mr. McRae stated there would be difficulties
in realigning the road to comply with the 200' radius requirement on
the curve. Mr. Nix asked what the time period is regarding the
development . Mr. Hoecher responded by saying that there are a few
technicalities that are causing problems, one of which is the 200'
radius and the other being a fugitive dust permit which was issued
to him with an expiration date of October 1 which does not allow him
enough time to get everything accomplished. The permit is also non-
renewable and non-refundable. After some 'discussion a cul-de-sac was
suggested as an alternative to realigning the road to the west . A
cul-de-sac would meet regulations. Some discussion by the Board
followed.
MOTION: Be it therefore resolved to table the request until requirements
are met. Motion by Irma White, seconded by Bette Kountz. A vote of
"aye" by Jerry Kiefer, Frank Suckla, Ben Nix, Irma White and Bette
Kountz. Motion carried.
APPLICANT: Pete W. Sass
CASE NUMBER: Z-287 : 77 : 5
LEGAL DESCRIPTION: Pt . NE*, Section 29, T5N, R67W
LOCATION: 3 miles north of Johnstown
SUBJECT: Change of Zone - Agriculture to Commercial Unit Development
APPEARANCE: Bob Houtchens, attorney for Mr. Sass
DISCUSSION: Mr. Houtchens reviewed the request and explained the reasons
for the request for a change of zone. Mr. Sass wishes to conduct a
machine welding and light manufacturing business on property zoned
Agriculture. Ken McWilliams then read the staff recommendation. Mr.
Houtchens then asked for comments and opinions from approximately five
people associated with agricultural endeavors who expressed their
views regarding the necessity for Mr. Sass ' operation in the area.
Mrs. Margaret Boney also spoke in favor of the operation now, but is
not in favor of having it changed because of its possible adverse
impacts in the future. Some discussion followed.
MOTION: Be it therefore resolved to deny the request . Motion by Jerry
Kiefer, seconded by Bette Kountz. A vote of "aye" by Jerry Kiefer, Ben
Nix , and Bette Kountz. A vote of "no" by Irma White, and an abstention
vote by Frank Suckla. By a vote of 3-1 , motion carried.
Meeting adjourned.
Respectfully submitted,
Shirley A. hillips
Secretary
S
DEPARTMENT OF PLANNING SERVI(
PHONE 1303)3564000 EXT
915 10TH STF
GREELEY,COLORADO Si
t cO March 31, 1981
COLORADO
Mr. Vernon T. Thomas
13750 Weld County Road 8
Fort Lupton, Colorado 80621
Re: Recordation of plat for a Conditional Use Permit for a Horse
Training Stable on a parcel of land described as the Eh NWT NE1,
Section 20, T1N, R66W of the 6th P.M. , Weld County, Colorado.
Dear Mr. Thomas:
Your application for a conditional use permit for a horse training stable
was approved by the Board of County Commissioners on August 16, 1977.
The Department of Planning Services has the original mylar plat for the
conditional use permit on file in our office. However, this plat must
be recorded in the Clerk and Recorder's Office before the conditional
use permit is valid and legal. All our office needs before we can file
the permit is your signature on the plat. Please stop by our office at
your earliest convenience to sign the plat so that we may record it.
Please feel free to call me at 356-4000 ext. 400 if you have any questions
concerning this matter.
Thank you for your cooperation in this matter.
Respectfully,
Vickie Traxler
Assistant Zoning Administrator
VT:rg
r
ftiffu' DEP,,RTMENT OF PLANNING SERVIC
PHONE 13031 356-4000 EXT.
915 10TH STRE
Ige. GREELEY,LE Y, COLORADO 80 80'
COLORADO
July 13, 1977
Vernon T. Thomas
7695 East 104th
Henderson, Colorado 80640
RE : Request for a Conditional Use Permit on a parcel of land
described as the NWa of the NE* of Section 20, T1N, R66W
of the 6th p.m. , Weld County, Colorado
Dear Mr. Thomas :
Your application and related materials are complete and in order with
the following exceptions :
1 . Submission of a copy of a deed to the property in question, and
2. Submission of a well permit .
Tentatively, I have scheduled the meeting with the Weld County Planning
Commission for August 16, 1977, at 1 : 30 p.m. Said meeting will take r
place in the County Commissioners ' Hearing Room, first floor, Weld
County Centennial Center, 915 10th Street , Greeley, Colorado. It is
recommended that you and/or a representative be there to answer any
questions the Planning Commission might have with respect to your
application .
If you have any questions with regard to the pending application,
please do not hesitate to contact our office..
Respectfully,
/J/r%l(.:)'/in
c,, „cz
Ken McWilliams
Assistant Zoning Administrator
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I. The following service is requested (check one).
s0 Show to whom and date delivered 151
Show to whom, date, & address of delivery.. 351
m ❑ RESTRICTED DELIVERY. ..
Show to whom and date delivered 651
RESTRICTED DELIVERY.
Show to whom,date, and address of delivery 851
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( .'" i CUP-27 : 77 : 4
[H 3 miles north_of-_$ra hton
LL F'T ('%, ' Pt . NE_4,_ Section20, T1N, R66W
H : Horse Training Stable
Vernon Thom as_--..
1 i'Lt'il.1[II ; ( iii. [:,`,i( rE > .[y R� CU:i', IIErr Ails I_' '.) ST
�ppr-_ose.d ---- I- T1i[ � LLCl:' �,fItS0IIS:
1.. ...The request_--is-in -con-formance-ivi-th- the--Weld--Cou-tty--l;ompr -hans -ue--
Plan and_the_intent clause in the Agricultural District,. Section_-_
3. 3(A) of the Weld County_ Zoning_Resolution since it is_pro-_____
moting agriculture as the predominant land use.
2. It is the opinion of the Planning Commission staff that this
request is in compliance with the provisions of Section 3. 3 .D(2)
of the Weld County Zoning Resolutipn which states:
"The Planning Commission and Board of County Commissioners
shall consider the following in making their determination
in approving or denying a Conditional Use Permit : Compat-
ibility with the surrounding area, harmony with the
character of the neighborhood and existing agricultural uses
need for the proposed use, its effect upon the immediate
area, its effect on future development of the area and the
health, safety, and welfare of the inhabitants of the area
and the County. "
This determination is based upon the following:
A. The request is to establish an agriculturallyrelated enter-
prise in the Agricultural District in an area where the
surrounding land uses are predominantly agricultural .
B. The Town of Fort Lupton Planning Commission has indicated the
Town has no objections to the proposed facility.
C. The Weld County Health Department has indicated the proposal
is in compliance with all applicable Weld County and State
Health Standards and Regulations.
D. The Weld County Engineering Department has indicated they were
unable to identify any engineering problems with the request .
• •
Vernon Thomas
CUP-27 : 77:4
STAFF RECOMMENDATION
August 16, 1977
E. The Soil Conservation Service has indicated they have
no adverse comments to the proposed project.
F. The Fort Lupton Fire Protection District has indicated
they have no objections to the request.
G. To date our office has not received any opposition to
this request from any of the surrounding property owners.
i •
FIELD CHECK
FILING NUMBER
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Referrals - Complete 5 j
Preliminary D.P . S . Staff Comments — x/5772 -- 21 •
Staff Conference h191/17 7 _ _-5:2tG< .-1---_I
D.P . S . Comments I ,c/A.2) -2�- - - - --//�
P . C . Bearing Action :_ a - -\� \- % -IC
- - ----
P. C. Resolution L— �� \ ,
Case Sent to Clerk to Hoard g-l-_- 77 I R L ----
A� i
Sign Posted �--1 A(' t !)nv..� Cc -7‘)-C —.--_
C.C. Ilcar,rn ; �'•-- __ __ - - i
I „-
C . C. Resolution Recei-vcd - �S,_._
History Card Complete _ ` ,-_lc % - I
C. C. Resolution Sent to Drafting �t -- -._ - -- -- -- J
. �
Drafted on :.1p ar ! /-2 Y e0 i
I
Document Sent to Clerk f.; Recorder I
P . C . Minutes — —._ - - -
cfetc /itite C'r nn n l r' l !-
CONDITIONAL USE PERMIT APPLICATION
Weld County Planning Commission Services Building, Greeley_, Colo .
FOR PLANNING DEPARTMENT USE ONCYT CASE NUMBER :
PC HEARING DATE :
SEC : TWP : RANGE : CC HEARING DATE :
LAND CODE :
T : S : 1/4 : KEY :
SUB/DIV CODE :
SUB : BLK : LOT : KEY :
1EFER TO : PERMIT FEE : Lc `�'`''
1 ) DATE : APP . CHECK I
2 ) DATE : RECEIPT NO .
3 ) DATE : LEGAL DESC , PP L :
4 ) DATE :
TO BE COMPLETED BY APPLICANT IN ACCORDANCE WI1`H PROCEDURAL GUIDE RE-
QUIREMENTS : Print or type only , except for necessary signatures :
I , (we ) the undersigned hereby request a hearing before the Weld County
Planning Commission concerning a proposed Conditional Use Permit for
the following described unincorporated area of Weld County :
LEGAL DESCRIPTION of contiguous property owned upon which Conditional
Use Permit is proposed : All of the NWl of the NEi of Section 20,
Township 1 North Range 66 W. of the 6th PM
LEGAL DESCRIPTION OF CONDITIONAL USE PERMIT AREA :
SEE 1:',1_47-
STREET LOCATION : htwAen 13746 & 13516 Weld County Rd. 8 ZONE A
PROPOSED USE : raising & Trainln. - Showing Qi rtrer
REASON : —_-----
FEE OWNERS OF AREA PROPOSED FOR CONDITIONAL USE :
NAME : � �� -t6 . ADDRESS : " .f gs- .f0(f1 ;1 TEL .
.--- fz, '!'� �=,) ADDRESS : �} �� lo( I- TEL :
NAME . K-6 lit)/ d�
�I � el - 1 �
NAME : i . -7 a►-►1ATADDRESS : 76-5_7J---.2 /a t77 TEL : — �W,
�U }� -t'4.4) Mid .2( S ' /J v7-# `^ &- .
I hereby depose and state under the penali"tie of perjury that all state-
ments , proposals and/or plans submitted with or contained within this
application are true and correct to the best of my knowledge .
COUNTY OF WELD
STATE OF COLORADO )
Signature : Dwner or Authorized Agent
Subscribed and sworn to before me this \\ day of , 19 VA .
•-\\.\\V
IC
SEAL
My Commission Expires :
7693 past 104th
Henderson , Colorado
July 11, 1977
Well County _Planning board
Greeley, Colorado
Gentlemen:
The horse operation will be with from 15 to 20 horses,
about 10 horses in the barn and 3 to 10 horses in the
pasture and -out door pens. There will be horse trainer
living in th-e trailer house and taring for the hoses _must
of the time. When they are away we All have to be there
to look after and care for the horses at that time
The hous-e already on the place is occupied by my son and
his family. Therefore we need another house for the
four of us-
There will be no kind of activity other than the ordinary
training of horses on the }property, thus there will be
no traffic congestion.
All the manure removed from the barn will be spread on
the fields for fertilizing the fields.
There will be a new septic tank installed for use in
the new house, a permit &already has been issued for
the septic tank.
A deep well has already been installed and is in operation.
It is registered by the state. The well products 15
gallons per minute and is 892 feet deep.
Sincerely yours, .#
t,4fritsVI- '4.#/#
am%.
Vernon T. Thomas
Vernon Thomas
CUP-27: 77 :4
REFERRALS
July 13, 1977
4/County Attorney
/
"County Engineer
\ ` County Health
Rose Bowles
JFt. Lupton Planning Commission phi 7MMa-
1040 Hoover Avenue Ft. Lupton, Colorado 80621 C -- ?'5--�p7 c° . 2
Brighton Soil Conservation Service
P.O. Box 487
Brighton, Colorado 80601
nose Bowles, Secretary IP
rl'ert -. a /7
Ft. Lupton Fire District
.O. Box 158 G - yj7 ,- 4,E-F.7
Ft. Lupton, Colorado 80621
• MEMORANDUM •
Planning Commission DATE: July 20 , 1977
TO:
FROM:
Vernon Thomas -Horse Training Stable
SUBJECT:
Existing access to be used for this request . Due to the seepy
area along County Road #8 , it is not recommended that another
access be in this area.
Other than the above mentioned, no engineering problems are
anticipated by this request .
Gi an E. Olson
Subdivision Director
GEO/mm
41c?2?'o,
'1�, �U�1911 D ,
I'? RECE1'
Wsfi tcfl C
,;
r' plagkttCe V
sCr' fttle� N.V.
0 Li 1.___9�y
L
Weld
Health
/T/ BOARD OF HEALTH
I R eld County f [ea{th }/epartment DAVID WERKING, DDS, Greeley
FRANKLIN D. YODER, MD, MPH RALPH AAB, Greeley
Director 1516 HOSPITAL ROAD WILLIAM BLICK, Roggen
GREELEY, COLORADO 80631 DORIS DEFEKE, Greeley
DONALD HERGERT, Windsor
(303)353-0540 ANNETTE M. LOPEZ, Greeley
HERSCHEL PHELPS, JR_ M.D.,
Greeley
KATHLEEN SHAUGHNESSY, Ault
JOE STOCKTON, Gilorest
July 21 , 1977
Mr. Gary Fortner, Director
Planning Commission
915-10th Street
Greeley, CO 80631
TO WHOM IT MAY CONCERN:
We recommend approval of CUP - Horse Training Stable for
Vernon Thomas, located in the NE4, Section 20, Township 1
North, Range 66 West, Weld County Colorado.
Sincerely,
Glen E. Paul , Dir ctor `
Environmental Health Services
GEP:dr
FORT totIII Cttp of Stunt lupton
` OF l0
4 e, y COUNTY OF WELD
18 , 4' 86 330 PARK AVENUE FORT LUPTON 130318576667
P.O.BOX 158 DENVER METRO (3031 893-5404
FORT LUPTON,CO. 80621 GREELEY METRO 13031785-6108
COLORADO
July 28, 1977
Kenneth McWilliams
Department of Planning Services
915 - 19th St .
Greeley, Colo. 80631
Dear Mr. McWilliams,
In reference to the application of Vernon Thomas for a Horse
Training Stable to be located on Weld County Rd . 8, the Ft .
Lupton Planning Commission has no objection to the request .
Sincerely,
1t-r �
Rose M. Bowles
City Clerk
J
Our Objective—"Elimination of Hazards"
FORT LUPTON, COLO. 80621 r "3,;,,' '7 : ,
. �� 4�\
S
�U
oREC G19j>
t:; w��,E1 ve 91
f'. %A�in� °�'aty O
July 28, 1977 `-G, °mllssi4l U"
�c •, ,
Kenneth McWilliams \ !!'•L}vim
Department of Planning Services
915 10th St .
Greeley, Colo. 80631
Dear Mr. McWilliams ,
In reference to the application of Vernon Thomas for a Horse
Training Stable to be located on Weld County Rd . 8, the
Ft. Lupton Fire District has no objection to the request .
��Sincerely,
nc
Vz
Rose M. Bowles
Secretary-Treasurer
UNITED STATES DEPARTMENT OF AGRICULTURE •
SOIL CONSERVATION SERVICE
"4/77 J Ve'Xile A) �/-
SUBJECT: / lent //re/.!//'v 57 -AJ P_ DATE. 8-2 - 77
TO: 1�- 264 Z /J
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,
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
NAME MAILING ADDRESS
4
John D{Tlrro, Jr. Rt. l _aox 169 Ft. Lupton. Coto.
Joseph G. & Donna C. Routzon - Rt. 2 Boa 34 - Ft Lupton, Colo.
Harlow T. Gartrell 2141 Fulton Aurora. Colo. 80010
Dennis T. & Helen N. Tokunaga - Rt._l Box 23 - Brighton.
Laurence M. & VerylM. Schoen - Rt. 2_Box 86- Ft. Lupton. Colo.
Triple G. Livestock 1571 Weld County Road 27 -_Brighton. Colo.
• •
Vernon T. Thomas
CUP-27: 77:4
SURROUNDING PROPERTY OWNERS
July 15, 1977
Lawremce and Verlym Schoen
13916 Weld County Road 8
Fort Lupton, Colorado 80621
Triple G Livestock
P.O. Box 116
Brighton, Colorado 80601
Dennis and Helen Tokunaga � j
Route 1 , Box 270 1 i r.
asn.dersom---eo A �O�o31
Harlow Gartrell
2341 Fulton
Aurora, Colorado 80010
Joseph Routzon
Route 2, Box 34
Fort Lupton, Colorado 80621
Di Tirro
Route 1 , Box 169
Fort Lupton, Colorado 80621
•�, WI D L U U N I V CI N L fi I Al (;I Pl
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•
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1i c
GARY Z. EMI TE
UII11 CIOR (7I IN ANN
I,�, PRONE 1303) 356-4000, EXT 40:COLORADO
July 15, 1977
•
To Whom It May Concern :
The Weld County Planning Commission will review a request from
Vernon T. Thomas
for Horse Training Stable _
on property described as follows : NW1, NN$, Sec. 3p, TIN, P6RW
If you have any suggestions or objections , will you kindly
notify us in writing before August 8 , 1922 Tentatively , the
meeting by the Weld County Planning Commission is scheduled for
August 16, 1977 If you wish to attend the meeting ,
please call the Department of Planning Services ( 356-4000 ext .
404 ) one week prior to the tentative meeting date, and we will
be able to 31Ivide you with more accurate information on the date ,
time, '.nd }glace of t e m ti g .
1
You are receiving a copy of this notification because your name
appears as a surrounding property owner owning property within
500 feet of the proposed use.
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• II
Vernon T. Thomas
7695 East 104th Avenue
Henderson, Colorado 80640
(303) 288-6498
July 19, 1977
Weld County Colorado
Department of Planning Services
915 10th Street
Greeley, Colorado 80631
Attn: Ken McWilliams
Dear Mr. McWilliams:
Per your letter of July 13, 1977 we are sending a copy of
the well permit, and Deed of Trust of the property.
If you should need any additional information please do
not hesitate to advise.
Thank you for your assistance in this matter.
Very truly yours,ti Vernon T. Thomas
i8 4 '
JUL 1977 `';\
RECEIVED ' ;'
Weld CousryA
l'I79:iar Ceemissiee ``
6>e95742 `
l
WR1•5.Rev ra COLORADO DIVISION OF WATER RESOURCES RECEIVED
818 Ceatia' Bldg., 1313 Sherman St., Denver, Colorar�90203
/---r � ''b 'i7
PERMIT APPLICATION FORM
�Applicatinn must WATER RIS0 ER ;12--i4
be complete where ( )
A PERMIT TO USE GROUND WATER STATEALER ENGINEER V P)
applicable. Type or ('K) A PERMIT TO CONSTRUCT A WELL com
print in BLACK FOR: (y) A PERMIT TO INSTALL A PUMP
INK.No overstrikes X
or erasures unless ( ) REPLACEMENT FOR NO. ei{,a.,,iG,Ej
initialed. (�) OTHER `iro-A % rcA-no,/ 70,-fiek/ OA, S33-f v e
WATER COURT CASE NO._
(1) APPLICANT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN-
vC,LIO� / , i I/ amF Receipt No. 5ll -`, ll\ _' �
NAME •_
STREET 2 ? 5- n. /D Coy Basin Dist.
4 t D��'`��" w 41/4) C0NDITI0NS OF APPROVAL
CITY (state) (zip)
TELEPHONE NO. 7 1 S-----g- This well shall be used in such a way as to cause
• no material injury to existing water rights. The
issuance of the permit does not assure the applicant
(2) LOCATION OF PROPOSED WELL that no injury will occur to another vested water
right or preclude another owner of a vested water
County tCJ 24, 7) right from seeking relief in a civil court action.
1)41—) Y. of the N 'A.Section Imp plain(non.perforated)casings from ground
P.m. surface down to a minimum depth of 5 3 feet
Twp. R"9 �' 6 —t'`� • c and properly sealed to prevent the pumping or
""s appropriation of tributary waters. 4'4
(3) WATER USE AND WELL DATA •
Approved for a change in use from
Proposed maximum pumping rate (gpm) 7 5- commercial dairy (old permit #16533-:
to domestic and livestock.
Average annual amount of ground water
to be appropriated (acre-feet):
Number of acres to be irrigated:
/ - - - - - --
Proposed total depth (feet): 528
Aquifer ground water is to be obtained from: 1SI ` "PS,
• 2-11- fZ A rr\frc
0.
Aux 1s»
Owner's well designation 4• RCC'f •
vE. `a'}
GROUND WATER TO BE USED FOR: 10 �3neWe Cem r 1
6' **colt Me c;;b%1
( ) HOUSEHOLD USE ONLY - no irrigation (0) J,,,
(>0 DOMESTIC (1) ( ) INDUSTRIAL (5) P<9 �,
(x) LIVESTOCK (2) ( I IRRIGATION (6) St!C Z
1 ) COMMERCIAL (4) ( ) MUNICIPAL 18)
' 1 ) OTHER (9) APPLICATION APPROVED
DETAIL THE USE ON BACK IN (11) 91316
PERMIT NUMBER T=N 2
14) DRI/LIL�E/R9 ��y�/� DATE ISSUED J IVI 1977
Name "�`" - � V Pitted I I ' EXPIRATI �ATTE, 'JAUN 291979 173Street
/!b�'a'a'1�4 •
DEruTrISTATF, NGIN RI
City (State) (Zi01 /
BY 0. -
Telephone No. Lic.No. '•
/ G
I D ( — C).'? COUNTY
(5) THE LOCATION OF THE PROPOSED WELL and thii area on (6) THE WELL MUST BE LOCATED BELOW
which the water will be used must be indicated on the diagram below. by diarinces from section lines,
Use the CENTER SECTION (1 sec. 640 acres) for the well location.
ft. from /VOa-1 J7 _-sec. line
+ — -I- — ± "7- +- - 4- -- -I-- — --F — HI- -- -- ou
(north or south)
I I
1 MILE,5280 FEET---4-I Ir._ft. from '�rt1 `� / sec. line
II (east or west)
T + -1- ± -I- + LOT BLOCK, ) ale-
FILING x
I
SUBDIVISION NO Ni=
_ _ _I NORTH SECTION LINE I — + — '�'
i (7) TRACT ON WHICH WELL WILL BE
I I OWt1Cr:C.t/Z N e N LOCATED � -tong;
NORTHT-- w- — + — — — �I - _ —m ± ±
D No.of acres 545 . Will this be
J to
I y
z I m ' the only well on this tract? 4)v
I„ I O
+ " I z 1 — + (8) PROPO ED CASING PROGRAM
Iwe
I n
r I Plain Casio7G /yG -r /
. -f-- 4-- g_ _ _H _ __ - ...4_ - m - _. + - I in. from .plc I. to ` ft.
I I I I i; Frisuft.
from ft. to
-)- - + - I I — 4- — -. Perforated casing
SOUTH SECTION LINE (14—
'!
II I I I - . from ---6a ft.to 2?-tt.
+ -- + 4 4 '4- in. from ft. to :t.
I I I I I (9) FOR REPLACEMENT WELLS givedistance
and direction from old well and plans for plugging
+ - -)- - + = + - -j- - + - + — -1-- — --I- it:The scale of the diagram is 2 inches= 1 mile / "/�/ 7,Q�Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 Cubic foot per second Icfsl . . .449 gallons per minute Igpml
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot . ..43.560 cubic feet . . .325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(10) LAND ON WHICH GROUND WATER WILL BE USED: ..-----
Owner(sl: �6:1- Al -- No. of acres: lie
Legal description: 516(1- rrli C.
(11) QUAILED DESCRIPTION of th use of ground water Household use ant domestic wells must indicate time of disposal
system to be used.Db��.L, L s.",„1.7/1 it .- (u 0.t c ,
L AA..o pfrA�
-v`-• o
s
(12) OTHER WATER RIGHTS use on this land, including wells. Give Registration and Water Court Case Numbers.
Tyke or right Used for(purpose) Description of land on which used
I:1(-te,k /2-1110440 D aM I RR _5)A-on a-
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO THE BEST OF HIS KNOWLEDGE. ���.\.t61_4 ,, ,
SIGNATURE OF APPLICANTS) .a JUL 1977 `s'
RECEIVED ;I
Y
Weld County i
,,:::a Planning Commission -YV
act
Use additional sheets of paper if more spare is required. & , e,�O,r
DEED OF TRUST & ASSIGNMENT OF BENTS
THIS INDENTURE made this 28th day of September A. D., 1976 , between
Hiram ;1. Thomas & Virginia Thomas S Virginia L. Thomas & Vernon T. 'rho
7695 East 104th Avenue
whose address is Henderson, Colorado 8010.+0
State of Colorado, hereinafter referred to as Grantor,and the Public Trustee of the County of
Weld State of Colorado, hereinafter referred to as Trustee.
i•
' WITNESSETH.
That,Whereas,Grantor has executed his one certain promissory note of even date herewith, payable to the order of the
Fort Lup , a rxatbanking association, at ton State Bank imitad its office Colorado, or at such other place as
Lupton
the holder thereof may designate in writing, for the principal sum of
Seventy-two thousand and no/100**A r,A:;:*;:*tk***** ***'k *x*tr*********J%AAAA****:':****x*' *
Dollars, with interest thereon from the date hereof, until paid,at the rate set forth in said note, said principal sum and interest thereor
to be paid at such times and in such amounts as set out in said promissory note, said note by reference being made a part hereof to the
same extent as though set out in full herein, and,as specified in said note, the remaining balance of said principal sum shall beduf
and payable March 27, , 19 77
NOW, THEREFORE, Grantor, in consideration of the premises, and for the purposes aforesaid, has granted, bargained, sold anc
conveyed, and does hereby grant, bargain, sell and convey unto Trustee, in trust forever, all those certain premises and property
situate in the County of Weld State of Colorado, known and described as follows, to wit:
The NWT of the NE'k of Section 20 in Township 1 North of Range Sixty-Six West of the 6th
P.M. , Weld County, Colorado, together with 30 shares of the Capital Stock of the Fulton
Irrigation Ditch Company,
•
In addition to the _— n/a payments set forth in said promissory note, Grantor also agrees to pay each month to
• the Beneficiary concurrently with the monthly payments on said note, n/a of the sum of the annual general and
special taxes assessed and levied on the hereinafter described real estate and nta -of the insurance premiums on im-
provements estimated to be S n/ _-_—___ _per payment;Beneficiary shall accumulate and retain the same to he used by
the Beneficiary for the payment of said taxes and insurance premiums when the same become due and payable and Grantor shall pro
vide Beneficiary with proper statement of said taxes and insurance premiums before due date; provided, if there is any delinquency in
the payments due under said note, the said fund may first be applied by Beneficiary to pay such delinquency. Any overage in said
Lund so paid in, may be applied to reduce said indebtedness and in case said fund is not sufficient to pay the same each year as the
•
same become due, Grantor shall promptly pay the deficiency to the Beneficiary, and if not so paid at once, Beneficiary may, at it≤
option, declare the entire indebtedness due and payable or may charge the deficiency to the loan, which shall be subject to same in-
terest and penalties as principal indebtedness; and provided further, that if said payments in the amount above set forth are in-
•
• sufficient to pay said taxes and insurance for each current year, Beneficiary upon notice may increase said payments sufficiently to
meet the taxes and insurance each year and Grantor agrees to pay the increased payments on said taxes and insurance. Estimates
shall be computed from January 1 to December 31 of each year. Interest, if any, earned by the payments shall be the property of
Beneficiary;
Arid, Vaierrrea, Grantor is dcsir • .. ..rx:urrna the prompt payment of the inde• .ss, both principal and interest thereon as
ab-..vi se' nut, ,n whose hands so the said node may be. such holder of said n ingreferred to hereafter as Beneficiary. and
'Vntrr(.is, add note provides for ado ion.a advances at :he option of said Bmiefir.iar• , it is specifiedly agreed that said advances half
be'a par of tr.e principal indebtedness, that all of the covenants and agreements erittencing such advances snail be a part hereof,and
the' this dee a of trust shall secure,in add ior to the original i:ufehtrefness,any such areaiitional advances rnadeby said Assocaition to the
melees a their sot[:wens in title The public ti ustee rnay, upon the production of said note, duly cancelled, release this deed ut
trust without farther showing as to said additional advances and without liability for so doing;such release shall also constitute a re
lease of the lien for any such advancements; and of securing the prompt payment of all indebtedness of the Grantor to the Ben-
eficiary, whether existing upon execration hereof er threrreatter arising,and it is agreed that all indebtedness of the Grantor to the Ben-
eficiary, wieether existing upon execution hereof or thereafter arrsn:y, whether arising tnro'agh further advances on the note above re-
ferred to or otherwise, seat! be a part of the indrht«.1ncas secured hereby, rind that all of the covenants and agreements concerning
.:ucle :i ue!•tetinrss shall he a part hereof, t he Trustee is euthorr:ed without liability to fully release or partially release this indenture
upon presentation of the note above referred to, properly cancelled in the case of fall release,and accompanied by the Beneficiary's
proper request fur release, without inq.airy as to the state of or existence of any other indebtedness svhicn may be secured hereby,and
such release.shaft constitute a releetse of the lien for all indebtedness secured hereby.
TOGETHER WITH all and singular the tenements, i,ereditaments, rights, rights of way, easements, privileges and appurtenances
thcreuntn belonging, or in anywise appertaining (all as part of the premises hereby conveyed) which shall be deemed to include but
not to be limited to (r) all rents, issues, profits, royalties and benefits therefrom, subject, however,to the right, power and authority
hereinafter given to and conferred upon Beneficiary or the holder of a Certificate of Purchase to collect such rents, issues and prof-
its; (ii) all irnnrovements, fixtures and equipment (whether or not annexed thereto) now or hereafter used in connection therewith;
hill all water rights to the use of water for dorriertic, agricultural, manufacturing and any other purposes thereon to which Grantor
and/or the premises hereby conveyed are now or may hereafter become entitled; (iv) all fixtures and equipment (whether or not
annexed thereto) now or hereafter used for the production or distribution of water thereon or for the irrigation or drainage thereof,
(v) all shares of water or shares of stock in any water, irrigation or ditch company which in any manner entitles Grantor andior the
premises hereby conveyed to water for domestic, agricultural, manufacturing and any other purposes upon said premises, including
any such shares to which Grantor or the premises ;nay he entitled and together with any such shares hereafter acquired by Grantor for
any such purposes.; arid (vi) all judgments, awards of damages and settlements hereafter made as a result of or in lieu of any taking of
the premises, or any part thereof, under the power of eminent;lorndin,or for any damage to the premises or the improvements there-
on, or to any part thereof, and any award for change of grade of streets,whether caused by such taking or otherwise,such part of any
such judgment, award or settlement as Beneficiary may elect to be applied to the indebtedness hereby secured and the balance thereof,
if any. to be reserved to the party or parties otherwise entitled thereto.
TO HAVE AND TO HOLD the same unto Trustee: IN TRUST NEVERTHELESS, That in case of default in the payment of the in-
debtedness hereby secured,or any part thereof, as the same shall tiecorne due, or in case default shall be made in,or in case of violation
or breach of any of the terms, conditions, covenants or agreements herein contained, then upon notice and demand in writing filed
with Trustee as provided by law it shall and may he lawful for Trustee to foreclose thisdeed of trust;and to sell and, dispose of said
premises e i masse or in separate parcels (as Trustee may think beat), and all the right, title and interest of Grantor, his heirs and
assigns therein,at public auction at the front door of the Court House,where execution sales are held, in the County wherein the prem-
ises above are situate, in the State of �:olorado, or on sale promises, or any part thereof, as may be specified in the notice of suet-
sale, for the highest anti best price the same will bring in cash,for;; weeks' public;notice having been previously given of the time am
piece: of sse sac by :toivettisement, weedy, in some er vspape; of general cirrulation then published in the County aforesaid, or by
such other notice as may then be required by taw,ar:d to issue, exereite and deliver his Certificate of Purchase, Trustee's Deed and/or
certificate of redemption all as then may be provided by law. and Tisistte shall, Urn of the proceeds or avails of such sale,after first
paying a-id retaining all fees, charges, the casts of making said sale and advertising said premises and attorneys' fees as herein pro•
vicled, pay to Beneficiary hereunder the amount of steal indebtedness, and ali moneys ad::ncecd by Beneficiary for insurance, taxes
and assessments or as otherwise provided for herein, with interest tiurreon at eight per cent per annum, rendering the overplus, if any,
unto Grantor;which sale or sales and said deed or deeds so made. shall be a perpetual bar, both in law and equity,against Grantor,and
all other persons clai1'n nq the premises aforesaid, or any part thereni by, from. through or under Grantor, Beneficiary may purchase
said property or any part thereof: and it shall not be ohfiri,rtery upon ti:e purchaser or purchasers et any such sale to see to the appli
cation of the purchase money. If a release d'ed is required, Gr;-ator hereby -I•lr'res to pay all the expenses thereof.
As further security for payment of the indebtedness and performance of the obligations, covenants and agreements secured here-
t e, Grantor her eby transfers,sets over and assigns:
(a) To Trustee. all rants, profits, revenues, royalties, bonuses, rights and benefits under any and all oil, gas or mineral teases of the
premises o:any part thereof,now existing or hereafter made,with the right in Beneficiary to receive and receipt therefor and apply the
same to said indebtedness either before or after any defa.,lt hereunder, and Beneficiary may demand, sue fer and recover any such
payments but shall not be required to do so.
(b) To tr.istee, ail other rents, issues and profits of the premises from time to time accruing,whether under leases or tenancies now
existing or hereafter coated, reserving to Grantor, however, so long as Grantor is not in default hereunder, the right to receive and re-
tain such rents, issues and profits.
And Grantor' covenants and agrees to and with Trustee, that at the time of the delivery of these presents he is well seized of the
said premises in fee simple,and has good right,full power and lawful authority to grant, bargain, sell and convey the same in manner and
form aforesaid, hereby f:illy and absolutely waiving and releasing all rights and claims he may have in or to said premises as a home-
stead exemption or under or by virtue of any homestead, stay, appraisement and exemption laws now existing or which may here-
atter be enacted; and that the same are free and clear of all liens and encumbrances whatever, save and except restrictions and ease-
ments both of record aed also taxes and assessments not yet due and p;:yable: and the above bargained premises in the quiet and
peaenabic p osse:,Sicui ui T ru:,tee against all and every person or persons lawfully claiming or to claim the whole or any part thereof,
Grantor shall and will Warrant and Forever Defend, subject only to_ Fort 1.-'.ton State Bank
-That the eeneficiary shall have the right to file and defend suits at line expense of the Grantor and in his narrre, for the recovery cf
dam..rees or to tavr.ola the Bien of this deed of trust and preserve the Beneficiary's rights here:oute:r,and all sums expeaded es costs of
:arch ieigaticn, ur advanced by the Beneficiary shall be repaid by Grantor upon demand or as may be expressly arranged with the Bent•
lici;ry and sulfa sums with interest thereon at the rate pruvined in said promissory note. if not paid by Grantor, shall become so
much additional indebtedness secured by this deed of trusi end shalt he a lien on said urentises poor to any right, title, or interest
attaching or accruing subsectut,nt to the lien hereof aria such i,.r..ebtrxtness shall be paid out cf the proceeds of the sale of the prop-
arty aforesaid.
Granites hereby further covenants and agrees with and for tfee benefit of Trustee and Beneficiary:
i, To prey promptly all sums. ir.cludirig interest, secured hereby when roue, as provided for in said promissory note or other in-
tit:o,fellness secured hereby. and any renewal, extension or modification t':ereof, and in this deed of trust; all such sums to be pay-
able in lawful moray of the United states of An Ieriea.
lo pay: !a) b toi a delinquent, all taxes and assessnter is of every type of nature affecting said premises,all rents or charges for
.va'ter and all asfessrnents on any water stock; (b)all other charges and encumbrances which now ere or shall hereafter be or appear to
1r, a lien prior to the lien of this Deed of Trust, dc)all taxes upon this Deed of Trust or the interest of the Beneficiary herein, or upon
tau note or debt secured hereby, provided, however, that the total amount so paid for any such taxes pursuant to this subparagraph
(c) together with the interest payable on said indebtedness shall not exceed the highest lawful rate of interest in Colorado. In the
erect of the eii ,trrent of any law imposing payment of all or any of the taxes aforesaid upon the Beneficiary,or upon the rendering
by any court o';a decision tliat the undertaking by the Grantor,as herein provided, to pay any tax to taxes,is legally inoperative,then
and in any sccli event the:debt hereby secured,without any deduction,sled!,at the option of the Beneficiary, become immediately due
ar:d collectible, notwithstanding anything contained herein or any law heretofore enacted or hereafter enacted.
3. That if any part of said described property shall be condemned or taken for Arbil:: use under eminent domain, or in case the
7"215.7 1 70 8r11
go
pre pert✓shall be damaged either b works or private acts,all damages and cone ..on paid therefor shall be paid to the Beni
ficiar, and applied upon the indebte. ess due under this Deed of Trust.
I. To immediately pay and discharge any claim, lien or encumbrance against such premises which may he or beccma s•.l:error t
thi;Geed of Trust.
5. To keep the premises insured against loss or damage by fire, the perils against which insurance is afforded by the Eetun:le
Cose.rage Endorsement, and such other risks and perils as Beneficiary in its discretion may require. The policy or policies of suds re
surance shall be in the form in general use from time to time in the locality in which the premises are situated,shall be in sic
amount as Beneficiary may reasonably require, shall be issued by a company or companies approved by Beneficiary, and shei! con
tai,. the Standard Mortgagee Clause in form satisfactory to, and with loss payable to, Beneficiary. Whenever required by Benefici.rr
in writing mailed to Grantor at Grantor's last address known to Beneficiary,such policies shall be delivered immediately to inn held be
Beneficiary. Grantor shall also deliver to Feneficiary such abstracts of title, or other title evidence as may be required by f3':neticiar
and, upon foreclosure of this Deed of Trust or other acquisition of the premises be Beneficiary, such abstracts or other titer evidence
shall become the absolute property of Beneficiary. Any and all amounts receives( by Beneficiary under any of such policies;may br
applied by Beneficiary on the indebtedness secured hereby in such manner as Beneficiary may, in its sole discretion, elect or,at tht
option of Beneficiary, the entire amount so received or any par? thereof :ray be released. Neither the applica,..n nee the&&else o
any such :mounts shall cure or waive any default or Notice of Default hereunder or invalidate any act done pursuant to sue
Notice, Upon foreclosure hereof or other acquisition of the premises or any part thereof by Beneficiary, such policies shall l) o nr
the absolute property of Beneficiary.
b. That if any improvements, repairs, or alterations have been or are commenced and have not been completed more than threr
months prior to the date hereof, Grantor will rex,eive the proceeds of Ibis loan as a trust fund to be applied first to the payment of
the costs of the improvements and that the same will be so applied before using any part of the total for any other purpose;that if work
ceases on any proposed improvements, repairs, or ;,iterations for a period of ten mays or more,then the Beneficiary may at its option,
without notice, declare said indebtedness duct arid payable or the Beneficiary may take possession of said premises and lot contract for
or proceed with the completion of said improvements, repairs. or alterations and pay the costs thereof out of the proceeds of money
due Grantor upon said loan and should the costs of completing said improvements, repairs, or alterations exceed the balance due
Grantor by Beneficiary, then such additional cost may be advanced by the Beneficiary and shall bear interest at the same rate ar
principal indebtedness and secured by this Deed of Trust, provided, however, such additional cost shall be repaid by Grantor to Ben-
eficiary within ten days after completion of said improvements, repairs or alterations.
7. To first obtain the written consent of Beneficiary, such consent to be granted or withheld at the sole discretion of Beneficiary,
before (i) removing or demolishing any building or structure now or hereafter erected on the premises, (ii) altering the arrangement,
design or structural character thereof, (iii) making any repairs which involve the removal of structural parts or the exposure of the
interior of such building to the elements, (iv) except for domestic purposes,cutting or removing or permiting the cutting or removal of
any trees or timber on the premises or (v)except for domestic purposes,mining or removing or permiting the mining or removal of any
mineral, including sand, gravel and earth on the premises
8. To maintain premises in !pod condition and repair, including but not limited to the making of such repairs as Beneficiary may
from time to time determine to be necessary for the preservation of the premises; to take al! necessary and reasonable precautions to
protect said premises from damage by the elements or from the cold:and to not commit or suffer any waste thereof.
9. Without the written consent of Beneficiary, no security interest will be created or suffered to be created under the provisions of
any law now in effect or as may hereafter be in effect, with respect to any goods, fixtures, equipment, appliances or articles of per-
sonal property now or hereafter attached to the premises or in any way otherwise s,rhjet to the lien created herein or to any other
lien in favor of Beneficiary.
10. To ,:amply with all laws, ordinances, regulations, covenants, condition.;anrf ;aesti unions effecting the premises, and not to suf-
fer or perrr.`t any violation thereof.
1i. If Grantor fails to pay any claim, lien or onctrnhrance which is supremo', or is alleged to he superior to this deed of trust,or
when due, any tax, assessment or insurance oremiur,•.. Or to keep the pa enlise';in repair,or shall commit or suffer waste, or if there be
commenced any action or proceeding affecting the premises o, the: title the:eta, then Beneficiary at its option, may pay said claim,
lien, e.ncumbrence. tax, assessment or premium (with right of subrogation therenrnrfumrl, rr;ay make such repairs and take such steps as
it deems advisable to prevent or cure such waste, and may appear rr, any such ar:tm:m or proceeding and retain counsel therein, and
t.,ke such action therein as Beneficiary deem advisable. and for any such purpose Beneficiary may advance such sums of money, in-
cluding all costs, attorneys' fees and other items of expense as it deems necessary Beneficiary shall have the sole right to make the
determination of the legality, validity and priority of any steel) claim, lien, enctir:hrence, lax, assessment or premium, and of the
amount necessary to be paid in satisfaction thereof. Beneficiary shall not be held accountable for any delay in making any such pay-
ment,which delay may result in any additional interest,costs,charges or expense otherwise.
12. In the event the premises hereby encumbered shall be abandoned, or shall be left unattended, even though the property of
Grantor has not been removed therefrom, at such time as the premises are in danger of suffering, or have suffered from the elements
or from the cold, Beneficiary is expressly authorized, but without obligation to do so, to enter upon the premises through its empioy-
ees or agents and without liability tor so rlpnrltp,to take such measures as it may deepn necessary for the protection and preservation of
the premises and, for any such purpose, to advance such sums of money as it deems necessary.
13. Grantor will pay to Beneficiary, immediately and without demand, all suns of money paid or advanced by Beneficiary pur-
suant to the terms of this deed of trust, together with interest on each such adverrcerrlerlt at the rate of eight per cent per annum: and
all such sums and interest thereon shall be secured hereby.
1.1. If default be made in payment of arty installment of principal or interest hereby secured, or any part thereof,when due, or in
payment of any other sum secured hereby, or in the performance of arty of Grantor's obligations,covenants or agreements herein,al!
of the indebtedness secured hereby shall become and be immediately due and payable at the option of Beneficiary,without notice or
demand, which are hereby expressly waived, in which event Beneficiary flay avail itself of all rights and remedies,at law or in equity
afforded by the laws of Colorado, either through sale by the Trustee as above provided or by foreclosure through the Courts and
Grantor shall pay all costs, charges and expenses thereof, including a reasonable attorney's fee.
15. During the existence of any such default and during any period of redemption atter foreclosure sale or sale by Trustee here-
under, Beneficiary or the holder of the Certificate of Purchase shall be entitled to the possession, use and enjoyment of the premises
afores;,icl, anti to the rents, issues and profits thereof:and such possession, u:,, and enjoyment of the premises aforesaid,and the rents,
issues and profits thereof,shat at once be delivered to Beneficiary or the holder of the Certificate of Purchase on request and,on re-
fusal, the delivery of such possession may he enforced by Beneficiary or the holder of arch Certificate of Purchase by any appropriate
civil suit or proceeding; ant: Beneficiary or the holder of the Certificate of Purchase•. or either thereof, shall he entitled to a Receiver
for said prein;Ses, anrf of the rents, issues and profits thereof, after any such default, including the time covered by foreclosure pro-
ceedings and the period of redemption, if any there be, and shall be entitled thereto as a 'hatter of right without regard to the solvency
or insolvency of Grantor or of the then owner of said premises and without regard to the value of the premises, such Receiver to he
appointed by any court of competent jurisdiction upon ex ixirte api,liutiop:mu without notice, notice being hereby expressly waived,
the appointment of such Receiver on any such application without notice hereby consented to by Grantor; and all rents, issues and
profits,income and revenue of said premises shall he applied by such Receiver,.':cur ding to law and the orders and directions of the court.
16. No delay by Beneficiary in exercising:any right or remedy hereunder, or otherwise afforded by law, shall operate as a waiver
thereof• or preclude the exerciee thereof during the continuance of any ilefauh hereunder. Nu waiver by Beneficiary of any default
shall constitute a waiver of o: consent to any other or subsequent defaults
17. That if the ir'debtedncss secured hereby is now or hereafter further feet:reef by chattel rnortgages,deeds of trust, pledges, secur-
ity interests, contract, of guaranty or outer Additional security interests, Besuafi,.;:rry rie\, at its option, exhaust any one or more of
said securities as well as the security hereunder, either concurrently or independently and in such order as it may determine,and May
apply the proceeds received upon the indebtedness secured hereby without affer:tinrr the et etus of,or waiving any right to exhaust all or-
any other security including the security Hereunder and without waiving army breach or default or any right or power,whether exercised
hereunder or contained herein, or in any such other security.
18. Without affecting the liability of Grantor or any other p.)erson (except any persons expressly released in writing) for payment of
any indebtedness secured hereby or for performance of any obligation contained herein, and without affecting the rights of Bene-
ficiary with respect to any security not expressly released in writing, Benefiieer,r .nay, at any time and from time to time, either be-
fore or after the maturity of said note,and without notice or consent:
' t►•' 1 fi t1,. na-,
•
eel Releesa,any person liai'!te for f of all ca; any part of the inilt!Istedn ss nr `e )rrnanr. of any obligation, • ,
ilea M ke any agreement exte,r the time or othe,- ,se attei ing :he terms of , eitt of all or any part of the indebtedness,or
rnodift ing or waivir:g any ootrga.ion,cr s;fbordi►.et;»g, trod:fyinr or otherwise deaIee, nth the lien or charge hereof.
fcI F:xereiseor rehein from exe•eising or►vaiveany right 3eneficier/'::ay have.
{di Accept additional security of any kind.
fe) Reieaee or otherwise deal with any property, real or personal, securing the indebted:lc'ss, including ail or any part of the pr)p-
c,tt'herein -'tYcrintxl.
1S in tee event of the transfer •);. the legl title or equitable Cr benefir.val ownership of all or any part of the premises,except as a
rtsuit of the death of Granter anti transfer by law of descent and distribution or will. then the Beneficiary at its option, et time of
traes:Er c' any :titre date, mate diet:tre t:;+: entire balance of all rr'debtet'ness secortx artery, both principal and interest, immediately
dee are+ pavjhle. A.--y trarsferee of tre legal title or enuit.a,,c er'eeetafici)i o•erlership of all or any part of the preledies shall be
deeeterl to =eve e3te:red ant: agreed to pity ail •,tt •;1,re;r:ess ce:ured ;terer•y.
2 . Any agreement hereafter mane by Gr;intt,!' hurl Beeefieeiry f..1:ersv7!1 to this .fend of trust shall lye superior to the rights of the
!ewer et ..any ieterwer'in j li•:r;or nctin.r)rant.'
21. ;t is egieed that the invs't,lite 01 'nepi;tscabi,ity of 4T)t one or u ore covenants, conditions, agreements, phrases, cl.xrses,sen-
teeees or ;carts thereof of rigs teed of trust haft not affect the remaining portions of this deed of trust, or any other part thereof,and
in such a•er.t •:;•is deed of trust shall be.r,i)sjrueti as if such invalid or irtal)plic:al,le portions had not f:een set forth herein.
22, 7l!;s rseeJ of trust, tonether with the cart enaiits and agreen•el•.is herein contained, shall bind and the benefits and advat)tages
hereof shell inure tt' the respective Maus, eeceetors• administrators successors and assigns of the parties hereto. Whenever used, the
si►)geler ',Lieber shall include the plural, the r ltrrai the singular, a•:.; t`•e use of any gender shall be applicable to all genders,also all
words herein used referring to Grantor as ar) individual shall be construed to include all hereinabove named Grantors whether indi-
vi,l.sass, toeeoration: or associatior s end whether one or more. Ai' covenants,agreements and undertakings herein of Grantor shall ba
joHt enc. reercral. In the te'n'et ad:f itionuf r u!rbe,txl c of e'aa;r.s ate for convenience inserted in this deed of trust followin a the legal
'resolution., s.,ch additional nurt)bi:re l r,versant';shell he reed tine tti•'en effect as though following this covenant in consecutive order.
STATE O COLORADO IN WITNESS WHEREOF, Grantor has executed this in-
SS strument the day and ye.r first above written.
COUNTY OF Weld
Signature of 7rclstor
On ,_ Seo te_tttbG:t 2§.2._.E97b _ before me. the unaer
signe•.J a Notary Pu:)lic in sect for said state,personally appear. ....7e.„,ed .!tile n_ILe_re 35_.3. a�. .iLg?.IIi3_Th ,_JeIIi'' - t . -.r I c, '•ie • is;• L•6/.1)" c c- t -
_Vic ,.iit.ia..L. Tk:•�ft�..and Y.1.1.�1On .i.a_..i otrtaa__.. ? i+ari It:�'thoma --
known to me to he
the persen_e,__—___whose name...;- .. sub- .•+a . i ki, frti'�_
scribed to ti't� within instrument and .rcknowlec'gt.:i that they yl g Tlia [[a —...
vo ii,R(aarri.v • executed same. ••1
`
WI1r'!tiS'.;( h isNN and•pffit'iai seal . .__. .. (. , • i_ it " _r./•..e ,'. :.;Z. '4 —�
1' ' Virginal L. Thomas
Si ,azure : '.'y"'-e...,. ••J•SB•''iE•t t.'0 rev.
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i -
40.
- L
72 -Vona loamy sand, 0 to 3 percent slopes
This is a deep, somewhat excessively drained soil on gentle plains
and high terraces at elevations of 4600 to 5200 feet. It formed in
eolian or alluvial deposits.
Included in this unit are some leveled areas. Also included are some
soils with loamy substratums and some soils that are noncalcareous
to depths of 60 inches.
Typically the surface layer is a grayish brown loamy sand about 6 inches
thick. The subsoil is a brown to light yellowish brown fine sandy loam
about 22 inches thick. The substratum, to a depth of 60 inches, is a
sandy loam or loamy sand.
C( Permeability is moderately rapid. Available water capacity is moderate.
Effective rooting depth is 60 inches or more. Surface runoff is slow
and erosion hazard is low. _-
Where irrigated this soil is suited to the commonly grown crops in
the area. However, perennial grasses and alfalfa or close grown crops
should be grown at least 50 percent of the time. Close grown crops and
pasture can be irrigated with contour ditches and corrugations. Furrows,
contour furrows and cross slope furrows will work on row crops. Sprin—
kler irrigation is also recommended.
Minimum tillage and crop residue utilization will help control erosion.
Fertility maintenance is important. Crops grown on these soils respond
to fertilizer applications of phosphorus and nitrogen.
' 4
• •
In nonirrigated areas this soil is suited to winter wheat, barley and
sorghum. Most of the area is devoted to winter wheat which is alter-
nated with summer fallow to allow moisture accumulation. Normally,
precipitation is too low to make beneficial use of fertilizers.
Good cultural practices such as stubble mulch farming, strip cropping
and minimum tillage are needed to combat wind and water erosion. Terr-
acing may also be needed to control water erosion.
The potential native vegetation on this site is dominated by sand
bluestem, sand reedgrass and blue grama. Needle and thread, switch-
grass, sideoats grama and western wheatgrass are also prominent. Po-
tential production ranges from 2200 pounds per acre in favorable years
to 1800 pounds per acre in unfavorable years. When range condition
deteriorates, sand bluestem, sand reedgrass and switchgrass decrease
and blue grama, sand dropseed and sand sage increase. Annual weeds and
grasses invade the site as range condition becomes poorer.
Management of vegetation on this soil should be based on taking half
and leaving half of the total annual production. Seeding is advisable
if range is in poor condition. Sand bluestem, sand reedgrass, switch-
grass, sideoats grama, blue grama, pubescent wheatgrass and crested
wheatgrass are suitable for seeding. The grass selected should meet
the seasonal requirements of livestock. For successful seeding, a
clean, firm, sorghum stubble-prepared seedbed and grass drill should be
used. Early spring seeding has proven most successful.
C(
� • •
This hazard can be overcome by cultivating only in the tree row and by
leaving a strip of vegetation between the rows. Supplemental irrigation
may be necessary at the time of planting and during dry periods. Trees
that are best suited and have good survival are Rocky Mt. juniper, easterr
redcedar, ponderosa pine , Siberian elm, Russian olive and hackberry.
Shrubs best suited are skunkbush sumac, lilac and Siberian peashrub.
Wildlife is an important secondary use, with these soils best suited for
openland and rangeland wildlife. In cropland areas , habitat favorable
for ring-necked pheasants , mourning doves , and many non-game species
can be developed by establishing wildlife areas for nesting and escape
cover. For pheasant, the inclusion of undisturbed nesting cover is
vital and should be included in plans for habitat development: this is
([ especially true in area of intensive agriculture. Rangeland wildlife ,
exemplified by the pronghorn antelope, can be assisted and encouraged by
development of livestock watering facilities , proper levestock grazing
management, and range reseeding where needed.
Rapid expansion of the Greeley and surrounding area has resulted in
urbanization of much of this Olney soil. It has a good potential for
urban and recreational development. Its only limiting feature is the
moderately rapid permeability in the substratum and the hazard of con-
tamination of ground water from sewage lagoons. Lawns, shrubs and trees
for beautification will do well.
Capability subclass IIe irrigated
IVe non-irrigated
Sandy plains range site
71
•
y 7 - Olney fine sandy loam, 1 to 3 percent slope
c
This is a deep, well drained soil on gentle plains at elevations of
4600 to 5200 feet. It formed in mixed outwash deposits.
Included in this unit are some soils with dark surface layers. Some
leveled areas were also included in mapping.
Typically the surface layer is grayish brown fine sandy loam about 10
inches thick. The subsoil is yellowish brown to very pale brown fine
sandy clay loam about 14 inches thick. The substratum, to a depth of
60 inches, is calcareous fine sandy loam. -
Permeability is moderate. Available water capacity is moderate.
Effective rooting depth is 60 inches or more. Surface runoff is medium
and erosion hazard is low.
Where irrigated this soil is suited to all crops adapted to this area,
including corn, sugar beets , beans , alfalfa, small grains , potatoes
and onions. An example of a suitable cropping system is alfalfa 3
to 4 years followed by corn, corn for silage , sugar beets , small grain,
beans and back to alfalfa. Some conservation practices such as land
leveling, ditch lining and pipelines may ae needed for proper water
application.
All methods of irrigation are suitable with furrow irrigation the most
common type used. Barnyard manure and commercial fertilizers are
needed for top yields along with maintaining good organic matter content.
i
In nonirrigated areas this soil is suited to winter wheat, barley and
sorghum. Most of the area is devoted to winter wheat which is alternated
with summer fallow to allow moisture accumulation. Normally, precipi-
tation is too low to make beneficial use of fertilizers.
Good cultural practices such as stubble mulch farming, strip cropping
and minimum tillage are needed to combat wind and water erosion.
Terracing may also be needed to control water erosion.
The potential native vegetation on this site is dominated by sand blue-
stem, sand reedgrass and blue grama. Needle-and-thread , switch grass,
sideoats grama and western wheatgrass are also prominent. Potential
production ranges from 2200 pounds per acre in favorable years to 1800
pounds per acre in unfavorable years. When range condition deteriorates,
sand bluestem, sand reedgrass and switchgrass decrease and blue grama,
sand dropseed and sand sage increase. Annual weeds and grasses invade
the site as range condition becomes poorer.
Management of vegetation on this soil should be based on taking half and
leaving half of the total annual production:- Seeding is advisable if : __ -
range is in poor condition. Sand bluestem, sand reedgrass , switchgrass ,
sideoats grama, blue grama, pubescent wheatgrass are suitable for seeding.
The grass selected should meet the seasonal requirements of livestock.
For successful seeding, a clean firm, sorghum stubble -- prepared the
growing season prior to seeding -- or a firm prepared seedbed and grass
drill should be used. Early spring seeding has proven most successful
Windbreaks and environmental plantings are generally suited to this soil.
Soil blowing is the principal hazard to establishing ?trees and shrubs.
Wildlife is an important secondary use, with these soils best suited
for openland and rangeland wildlife. In cropland areas, habitat
favorable for ring-necked pheasants, mourning doves, and many non-game
species can be developed by establishing wildlife areas for nesting
and escape cover. For pheasants, the inclusion of undisturbed nesting
cover is vital and should be included in plans for habitat development;
this is especially true in areas of intensive agriculture. Rangeland
wildlife, exemplified by the pronghorn antelope, can be assisted and
encouraged by development of livestock watering facilities, proper live-
stock grazing management, and range reseeding where needed.
This Vona soil has good potential for urban and recreational develop- -
ment. Lawns, shrubs and trees, when once established, will do well. The
C(1.
primary limiting soil feature is the rapid permeability in the substratum
and the hazard of contamination of ground water from sewage lagoons.
Recreational development may be hindered by the soils susceptibility
to wind erosion.
Capability subclass IVe irrigated
Vie nonirrigated
Sandy plains range site
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RECORDING DATA - MAPS & Pt ' '
Thomas Conditional Use Permit
NAME OF SUBDIVISIONVernon T Thomas
NAMF OF SURDIVIDER The NWc�-NEB 1 - Sec.--"—20, T.1N. , 12..66W. ,, of. the 6th P.M.,�
,
Weld County, Colorado
LOCATION OF SUBDIVISION 1855090
DATE OF RECORDING APR 1 4 1Y8? BOOK 933 RFC.FPT I ON N
MARY ANN FEUERSTEIN
wf L I} COUNTY CLERK AND RECORDER
BY :5424f-M4
DEPUTY COUNTY CLERK & RECORDER
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