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Home My WebLink About840892.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 705 - EDWARD AND ROBERTA SWANBERG 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, pursuant to its authority under Section 30-28-101 (10) (d) , CRS , as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels , as shown on the plat known as Recorded Exemption No. 705 , does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS , the request for Recorded Exemption No. 705 was sub- mitted by Edward and Roberta Swanberg for property which is located in Part of the SWa SWa, Section 28 , Township 2 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particu- larly described in the plat which shall be provided by the appli- cant and known as Exhibit "A" , said plat to be recorded, and WHEREAS, this request is to divide the property into par- cels of 28. 388 acres and 10 . 624 acres, more or less. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the hereinabove de- scribed parcel of land be, and hereby is, exempt from the defi- nition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is conditional upon the following: 1) the applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety days from the date of approval by the Board of County Commissioners; and 2) the applicant shall comply with the request from the Farmers Reservoir and Irrigation Company that all run-off from the property be retained on site and that no buildings or fences be built within the ditch right-of- way. The ditch right-of-way on said site is thirty feet from center line to the west and twenty-five feet from center line to the east. r s40d9z Page 2 RE: RE #705 - SWANBERG The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D. , 1984 . 1 /- BOARD OF COUNTY COMMISSIONERS ATTEST: ' " + ypta;ti WELD COUNTY, COLORADO � / Weld County Clerk and Recorder 6y , ,P and Clerk to the Board Norman Carlson, Chairman By• b-/7�7f co (4i .z ) \. De uty County Clerk J: ' line J inson Pro-Tem APPROVED TO FORM: ne R. Brantner EXCUSED DATE OF SIGNING - AYE County Attorney Chuck Carlson J,7-11 J n T. Martin DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO September 12, 1984 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #RE 705 Dear Commissioners: The attached application, plat and related items are in reference to a request from Edward and Roberta Swanberg for a recorded exemption. The parcel of land on which this request is being made is described as Part of the SW1 SW1; Section 28, T2N, R67W of the 6th P.M. , Weld County, Colorado. The property is located 1.5 miles east of Fredrick on Weld County Road 17. The property contains approximately 39.012 acres of Class IIe (prime) irrigated and IVe, VIe nonirrigated soils. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 28.3888 acres and 10.624 acres, more or less. The smaller proposed lot would be used for a future country residence. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be approved for the following reasons: 1. The request complies with Section 9-2C. of the Weld County Subdivision Regulations submission requirements; and 2. The request complies with Section 9-2E. of the Subdivision Regulations as follows: - The 39.012 acres, more or less, under consideration will be compatible with the existing surrounding land uses and with future development of the surrounding area as permitted by the existing zoning. The proposal is also consistent with the intent of the "A" Agricultural Zone District on which it is located. - The proposal was reviewed by the Tri-Area Planning Commission and was found to comply with their long-range Comprehensive Plan. Board of County Commissioners Page 2 - The proposal is in compliance with Section 1-3 of the Weld County Subdivision Regulations and the proposed land division complies with the Weld County Comprehensive Plan. Therefore, the proposed use is consistent with efficient and orderly development. - The proposal does not exist in an overlay district area. - The proposed lots meet minimum lot size requirements for land division. - The Central Weld County Water District has indicated adequate water service is available for this proposal. - The proposed lots are not part of a recorded exemption within the last five (5) years. - The two lots proposed will have adequate access from Weld County Roads 17 and 16. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within ninety (90) days from the date of approval by the Board of County Commissioners. 2. The applicant complying with the request from the Farmers Reservoir and Irrigation Company that all run off from the property be retained on site and that all buildings or fences not be built within the ditch right-of-way. The ditch right-of-way on said site is thirty (30) feet from center line to the west and twenty five (25) feet from center line to the east. Respectfully, Ac c-¢ IMF Michael S. Mullen Current Planner FIELD CHECK FILING NUMBER: RE 705 DATE OF INSPECTION: August 31, 1984 NAME: Edward and Roberta Swanberg REQUEST: Recorded Exemption on 39 acres LEGAL DESCRIPTION: Pt. SW4 SW4, Section 28, T2N, R67W LOCATION: Approximately 11 miles west of Frederick; east of WCR 17 and north of WCR 16. LAND USE: N Natural gas pipeline, cropland (tilled) , oil wells, heater-treater -separators E Pasture, 3 residences, mobile home S WCR 16, high power transmission line, pivot irrigated cropland (potatoes) , oil wells. W WCR 17, cropland (tilled) ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Subject site is a 40 acre parcel consisting of pasture with an oil well on it. The Stanley Ditch bisects the property. The improvements would be on proposed Lot B and they include: a residence, 7 wooden buildings, corrals, silo and grain bin, old milling barn, greenhouse and a mature stand of trees. Proposed Lot A does not have any improvements. Lot B would have access to WCR 17 and Lot A would have access to WCR 16, both gravel roads. The property slopes to the northwest. By:_ `h iCQi.a.nQ MAJ-Q1 -- • Michael S. Mullen Current Planner • • . •"'dd : _ 1'I;✓ x • ' • . 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Q v z� /fez coop V� T/ Well err ,. ;.. .%,44..g- s{,,., '.'PS...;t..,.: .,...1; :'' ' 44,.S ' 114.; r I 847 , ... 4 _.,- .1. ..' — Z tr .g...,.,.,..»011,0Twor•••••• -. 4 O3O I 4 , -;,,,,r - LI)g vr„.-. .....0 t4....' ''''40 _,. .-,' , ., ilhi ' ...- /ilk°5 ). ,._ 0111 .04 lat;04, la ,., . - , ... . '... ... :!:!:,. - . - 1 - • :i,:'+I:, .40.61, 11 .4 illim• it ,,.. ,‘ 4 t i_ ._,_, . . . r,:-: , ,,-„,.. , , : . ,:: ,S.: .. ..... . . rap _ _ .•.._i. • • IL tar i� /" yt1 i f LEGAL DESCRIPT - 705 ION tPr. SW'"*/4 Zip-2-67 CASE NO. raj �'s y= ,` s . r aa. ,+ .rt~ .r. 8' 47 7 �' � ,,,:iii, ..::: � 1 :' " yr a� sm ,S rf'' „test �.4: �`., r;�c ibex ��" 4 y'TM t°' SOIL CLASSIFICATION SOIL NO. IRRIGAILl) NO re PRIME 47 ZCe re YEs 76 J:Le e `(Es 77 Tie �e APPLICATION FOR RECORDED EXEMPTION PHONE : 356-4000 Ext . 400 Department of Planning Services , 915 10th Street , Greeley , Colorado FOR PLANNING DEPARTMENT USE ONLY : APPL . FEE_ Ion e!'" CASE NO . eE 7O.S� RECORDING FEE 13637._ ZONING DISTRICT 43 RECEIPT NO. DATE APPL . CHECKED BY M- 1Ii5M TO BE COMPLETED BY APPLICANT : ( Print or type only except for required signatures ) I (we ) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners . LEGAL DESCRIPTION : See attached description n AUG 101984 TOTAL ACREAGE : 39.012 _ f� Weld Co. Planning CauissiOU Has this property been divided from or had divided from it any other property since August 30 , 1972? Yes No- X FEE OWNERS OF PROPERTY : Name : Edward W. & Roberta A. Swanberg Address : 7124 Weld County Road #17, Fort Lupton, Co. 80621 Phone : 659-4445 Name : Address : Phone : Name: Address : Phone : Central Weld WATER SOURCE : Larger Parcel Water Dist. Smaller Parcel Same TYPE OF SEWER: Larger Parcel SPptir Smaller Parcel Same PROPOSED USE : Larger Parcel Residential Smaller Parcel Same ACREAGE : Larger Parcel 28.388 Smaller Parcel 10.624 EXISTING DWELLINGS : ( Yes or No) Yes ___ (Yes or No) No I hereby depose and state under the penalties of perjury that all statements , proposals , and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) Cot.-4c"-e-cA.) 42, t-cati STATE OF COLORADO ) ignature : Owner or Au ' ed Agent Subscribed and sworn to before me this day of 19 flG. 0.A...t.r.A--11—, ( SEAL ) ary Public ?7-f/CY My Commission expires: Ce- r. p002_ Edward_ W. Swanber and Roberta A. Swanberg 7I24 Weld County Road #I7 Fort Lupton, Colorado 80621 Recorded Exemption Application Statement Weld County Department of Planning; Service See attachment^ for repuirement Items I, 2, and 3. Item #4 I. Separated from our ma i:^ body of land by irrigation ditch. 2. The land is mainly located above the Farmers Irrigation Ditch and it is unable to irrigate, therefore is dry land property. 3. This 660 feet of road frontage property fits in nicely with the theme of the three neighboring parcels to the east that are basically used as home dwellings. Item #5 A recorded exemption #13I1--28-3--REIII was granted on February 9, 1974, which is well over the five year limit, in accordance with the Comprehensive Plan. Item ; 6 This parcel is consistent with a road frontage of 660 feet and containing I0.624 acres and will be used for a country residence. There will be no application for a zone change whatsoever. Item #7 This parcel of land will be used for a country residence, which is compatible with the three adjoining parcels of land containing 660 feet road frontage, more or less, which are also used as country resedences, and having a few domestic animals. Item #8 This parcel of land will increase Weld County' s Property Taxes- by the improvements- built upon this land. This will contribute to the economic support of local business in the Tri-Town Area. Item #9 This parcel of land will be used mainly for a residence and possibly a few domestic animals, which is consistent with the other property owners on this Weld County Road. Item #I0 See attached letter approving, a water tap from the Central Weld County Water District. Sewage disposal will be in accordance with the Weld Co. Health Department 's requirements, eS indicated in receipt #404 of which a copy is included in this packet. Item #II This parcel of land is located just east of the intersection of County Road #16 and #17, and there are no rivers, streams, or lakes in the vinicity. There are no exsisting geologic hazards. There is no airport located in the vinicity. Th@re is no overlay in th.e Weld County Zoning Ordinance. This has been confirmed by Weld County Planner, James R. Mayerl. RECORDED EXEMPTION NO. NWCOR, SEC 28,• A PORTION OF SHEET I OF 2 N0. 5 PIN I THE SW 1/4, SW 1/4 , SECTION 28, T2N, R67W OF THE 6TH P.M., IN r WELD COUNTY, COLORADO. I -m l 2 LEGEND It I I N89'55'58"E /334.04. • PINS FOUND IO O PINS SET k III A cn 0 ON 0 WA U Nv r i .N V vI LOT „B° o N 13 I 28.388 ACRES (p 0 g"'��L 6 w W 19.in O N_ OI pW / z 8if SCALE 1'1= 300' BOTH ROADS °o"? o. LOT A" 60'P.O.W. - - k.-- ' i 10.624 ACRES 30'--->- / 30' -� .c- - / SWCOR. SranIn- SEC. 28 NC 5 PIN, _ I i - - 633.53' _ 660.00' _ S//4 COR. SEC. 28 NO. 5 PIN -' •r - 0 -- -- _ _°- -- - 'G _ -- _0 I N90°00'00"W COUNTY R0. 1110. 16 16 LOT 1I = 10.624 ACRES LO7 'B '= 28.388 ACRES TOTAL 39.012 ACRES CTY. RD. NO. 18 I . [e7 < " NW 1/4 I NE 1/4 :< 43 O l O 8 SECTION v t to LOT 8 SE 1/4 -LOT Al ,%t mi. to Fic ria j • 2 nd. to A'61111A, ?A NGCGJNE CTY. RD. NO, 16 W 21 VICINITY MAP . 1---(1: SCALE I"= 2000' . at iiO ei /8s kRECORDED EXEMPTION NO. SHEET BOFa LEGAL DESCRIPTION A tram . f land located in the Southwest Quarter, Southwest Quarter, Section 28, T2N, Ro7W cf the 6th P.M. , Weld County, Colorado; said tract being more particularly des.:ri bed as follows: Beginning at the Southwest corner of said Section 28 from whence the South Quarter corner of said Se Lion ?U bears 590°00'00"E, 2617.07 feet and with all other bearings contained herein relative thereto; thence NOO°05'00"E, 1312.44 feet along the West life of Section 28; thence N89°55'58"E, 1334.04 feet ; thence S24°17'07"W, 103.12 feet; thence S00°00'00"E, 1219.99 feet; thence N90°OO'OO"W, 1293.53 feet along the South line of Section 28 to the Point of Beginning; thus described tract containing 39.012 acres more or less. SUBJECT TO a 30-foot easement along the West and South boundaries of the described tract to be used for county roads. AND TOGETHER WITH AND SUBJECT TO all rights-of-way and easements which are of public record. SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared by me and that the same is correct to the best of my knowledge and belief.711116 MERLE D. JO SON L .S. 6716 6716 9/7/84 •'i .0 ; We, the undersigned, being the sole owners i -=� e above described property do hereby subdivide the same as shown on the attached map. EDWARD W. SWANBERG ROBERTA A. SWANBERG The foregoing certification was a-knowledged before me this Jay of A.D. , 19 . My Commission Expires : Notar;, Public: Witness n.:y Hand and Seal The accompanying plat is accepted and approved for filing. CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS ATTEST: Count), Clerk Ey Date We CENTRAL WELD COUNTY WATER DISTRICT August 1, 1984 Edward Swanberg 7124 Weld Co. Rd. 17 Ft. Lupton, CO 80621 REI Water Service Dear Mr. Swanberg: This letter is in response to your request for the availability of additional water service for the following described property ; Tr in SW1 , Sec 28, T2N, R67W of the 6th P.M. , Weld County, Colorado. 10a des. as fol: Beg at SW cor. Sec. 28; E 633.53' to T.P.O.B. ; cont. E660.00' ; N,1,219.99' to a pnt. on the Appx. center line of the Stanley Canal; S 32827'31"W; 1,229.76' to a pnt. on Sly Bnk of said Stanley Canal; S 182.34' to the T.P.O.B. thus des. tr containing 10.624 acres, Water service is presently available to the above described property by tap number 948 . Additional water service can be made available to this property provided all requirements of the District are satisfied . Central Weld County Water District requires that contracts be consumated within one ( 1 ) year from the date of this letter , or this letter shall become null and void unless extended in writing by the District . Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT \ 11 „�.XJ1� ` 2 ci-x / Dale 0. Olhausen Secretary - Manager DDO/wmg 2235 2nd Avenue • Greeks,,Colorado 80631 • (303)352-1284 • Dale D.Olhausen,Manager WELD COUNTY HEALTH DEPARTMENT 1555 17th Avcnce Greeley, Colorado Ph. 353-0540 RECEIPT NO...._�-_J ._ ... _.._ Applicatioi, . or permit to Install, Construct, Alter, or Repair an Individual Sewage Disposal System. Owner. r�� .:ty� _21. .1 Address.. '._� •�5. ; _ 4g...44 ,Y.�si)hone %' Direction to site LG 7j/ Cv _ l _./_l. ,•`.4-<<I Description-,;_ 11,___\_)/e/, •sue � r 1/li" 4/L 1 _.._..-. General Information I Dept. Use Only . No. Bedrooms�. ". No. Persons_—.g______ Pere. Rate (Avg. of 3)f l-'�� _ r Soil Type �_ .5'T•/..A/„ �1,, ,~, No. Baths / Easement. Pltimbini, - ! c Size of Lot .IQ. (/.� / ____. ..._ _ Il•.O Table Depth -- 77 . Lot Grade `- -i;•i /v IL••O supply (if l3•c�:l! give 1•le:p tit}_. ��/ -• Type of sewage disposal requested:_ _!!!//// Requires Engineer Design 'Yes YNo Septic tank V Privy_ Other If yes — reason Comments: Installation Instructions: !) ,J i fir:wceS - 9� Septic Tank ACC C Gals. Absorption Field 7 ) Sq. Ft. 1 is Other . Seepage bed 97S S -Sq. Ft. • Special Instructions This system will be constructed and installed in accordance with the above specification and regulations regarding individual sewage disposal systems in Weld County, Colorado. This permit shall expire at the same time as the building permit, or, if no building permit is issued, the permit shall expire 120 days after its issuance, if construction has not been ..o imenced. Date: �•Zr Owner:_ /q__s i _ Applicant:_J_— _-- -The plans and specifications as shown are approved pending payment of permit •fee. F_7/7/ Date: -� , f f� L• 6 l Sanitarian:_ h"I. ---- The above system inspected and found to comply with plan and description. Systems Contractor: . Date: Sanitarian:— Engineer Review:— _ --_ --(Dale) (Signature) C , Permit Fee: — • r -_—. •' C' [' 1. Received by: :611,21.!-:24. . ?2- L___._•—� ._— L'��' ..l-4 !1�-,.._ _.. WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) The TRANSAMERICA 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. LEGAL DESCRIPTION: SEE EXHIBIT A ATTACHED IIERETC CONVEYANCES (if none appear, so state) : Reception No. NONE , Book Reception No. , Book Reception No. , Book Reception No. , Book Reception No. _ , Book Reception No. , Book Reception No. _ , Bock Reception No. _ , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 30th day of July , A.D. , 19 84. at 7 :00 A .M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY By: J4- . 0-- AUTHORIZED SIGNATURE EXHIBIT A Parcel A of Recorded Exemption No. 1311-28-3-RE111 , recorded March 7, 1974 in Book 710 as Reception No. 1631584 and re- recorded March 11, 1974 in Book 710 as Reception No. 1631742, being more particularly described as follows : A tract of land located in the S' of the SWa of Section 28 , Township 2 North, Range 67 West of the 6th P.M. being more particularly described as follows : BEGINNING at the Southwest corner of said Section 28 , thence "East" along the South line of said Section 28, 1954 . 64 feet, thence N00°17 'E, 1314 . 73 feet to the North line of the aforementioned Sk, Sigh, Section 28 , thence S89°55 ' 58"W . 1959 . 24 feet along said North line of said S1 to the Northwest corner of said B1, thence S00°05 'W, 1312 . 44 feet along the West line of said Section 28 to the POINT OF BEGINNING, EXCEPT a tract of land being more particularly described as follows : A tract of land located in the S1 of the SWa of Section 28 , Township 2 North, Range 67 West of the 6th P.M. being more particularly described as follows: BEGINNING at the Southwest corner of said Section 28, thence East along the South line of said Section 28 , 1293 . 53 feet to the TRUE POINT OF BEGINNING. thence continuing East along said South line of said Section 28 , 661 .11 feet, thence N00°17 'E 1314 . 73 feet to a point on the North line of the afore- mentioned S', SWa Section 28 , thence S89°55 ' 58"W along said North line of said S', 625 . 20 feet to a point on the Easterly bank of Stanley Lake Canal No. 1, thence S24°17 ' 07"W along said Easterly bank, 103 . 12 feet, thence South 1219 . 99 feet to the TRUE POINT OF BEGINNING. /Recorded at �— oN clock 4'" in.,, �A -- .r •7(.X11 INDEXED . „Dog n 620 Reception No 1541.853 \NN.:SI MER Recorder. THIS DEED OF TRUST, Made this 21st day of Januar y 1970 between i EDWARD W. SWANBERG and ROBERTA A. SWANBERG, 'i ithe grantor herein whose address is County of Boulder ,and State of Colorado, and li the PUBLIC TRUSTEE of the County of Weld , in the State of Colorado, Ii W-IT'NESSETH: The Grantor to secure his promissory note bearing even date herewith, for the principal sum of H Forty Thousand and No/100 ($40,000.00) Dollars, .I • payable to the order of JOHN L. WARNER and BONNIE L. WARNER, in joint tenancy, the beneficiary herein whose address is Longmont, Colorado , �I , after the date thereof, with interest thereon from the date thereof at the rate of per cent per annum, principal and interest payable at noteholders ' residence or The First National. Batik of Longmont, Longtl{o�nt Colorado, in equal monthly installments of $350.00 each, beginning £e x Col 1970, said payments to be applied first upon accrued interest on the declining principal balance and the remainder toward the reduction of principal . On or after January 1st , 1971 , the grantors shall have the privilege of paying any I additional amount on the principal of said note , provided the aggregate princi- pal payments in any calendar year shall not exceed the total sum of $13,500.00. • does hereby grant and convey unto said Public Trustee the following described property, situate in the I I County of Weld , State of Colorado, to wit: I. The south half (S ) of the southwest quarter (SW%) of Section 28, in Township 2 North, of Runge 67 West of the 6th P.M. , together with all ditch and water rights appertaining to said premises , including any rights created by reason of the fact that said premises were in- • eluded within the boundaries and were a part of the Denver St. Vrain Municipal Irrigation District now dissolved , and including-4.0� - hares of the capital stock of the Farmers Reservoir and IrrigationCompati li and one tap of the Foothills Water Users Association . After January 21st, 1971, and upon payment of $3,000.00 on the principal of aid • promissory note , grantors shall be entitled to a .. .t ' - 1 release of the east " 30 feet of said described premises . Upon payment of ' �'�� 1 $8,000.00 on he .' principal of said promissory note , the grantors - I- , �l W1�da partia , • release of else west 330 Lest of the esisst 160 feel r sayikl Lest. emi-yes tiP i L Ric 7S� /.- WAl'rV 'vG":�r4 �,tt 4f11'.;jtac.PLIS6; ��o WELD CO 11C •yyr&USTEE Qt h t,_ tl c i ttY.v�VI . TO HAVE AND TO HOLD the same together w tl L al turtenances, in trust a L l . that in At L t 1 t v t f inote or any part therrof or interest thereon or in the porformanct of any covenants lei:Moaner D t forth, then a .4 nrfi, ,ry In to hold's) i. filing notice (if election and demand for sale, so]d Public Trustee, after advertising notice of said sale weekly, for not Ii,' than four weeks, in • some newspaper of general circulation in said county, shall sell said property in the manner provided by law in effecr at the time of filing said notice and demand, at public a ration for cash. at the main front door of the Court House said inCounty wherein said property is situate. Out of the proceeds of said sale sal Trostsy sh_,II retain OF pay fir-t all fees, la b , d coats and all money advanced for tax.s, insurance and asscesmenta. or on any prior encumbrance. with interest. thereon, and pay the principal and interest due on said note, rendering the overplus (if any) unto the grantor; and ,,Der the expirsto of the Dior of redemption, sabl Trusted shall execute and deliver to the purchaser a deed , tl • property sold. The beneficiary may purchase said properly or any part thereof itt slid r sale. x The grantor covenants that at the time of delivery of these presents, ho is seized of said property in fee simple, and that said property is free of encumbrances. except rights of way and easements now of record and existing rights of way for roads , ditches and utility lines , and that he willeep epd all buildings insured for fire and extended coverage in amount equal to the unpaid balance of said note with loss payable to the beneficia pay all taxes and assessments against said property and amounts due on prior encumbrances, and if he shall fail to pay insurance premiums. taxes o amounts due on prim- encamhrance the beneficiary may pay the same and all amounts so paid shall become additional indebtedness due hereunder; and in case of foreclosure, he will pay an attorney's fee of an amount as pr'o- • vided in said promissory note. should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property, the grantor agrees • that all court costs and a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder; and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law. It is agreed that in case of default in payment of said principal or intertet or a branch of any of the covenant] herein, then said prin- • cipal sum hereby secured and interest thereon may at the option of the beneficiary become due and payable et once. anything in said note to the contrary notwithstanding and possession of said property will thereupon he delivered to the beneficiary, and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said e plura who may be by any court of competent jurisdiction. app. whenever. Al heroin the nle number shall include the uon plural, the plural e singular,rs personal and the use of any gender and applicable to all ge All of the emvrnanfe herein shall be binding upon the respective heirs, representatives, successors of the parties hassigns rein. Executed the day and year first above written. `V � ��np/P)-� t L. iEdwaicl Sw Inberg • I f,l 1 ? Roberta A gj f r �"• f STATIC 01 COLORADO. DO. 1 �r it `(/u(( T f' l r _.-- o ( g County f.__ BO111cLcr,- -_i as COliN„IRO The foregoing lnstnrment was acknowledge,] before me this ��(Onp s t any of f January . 19 70 . hy• Edward W. SwanherR. "ire t. ic≥TRoberta A. Swanberg dry commission expirts July 14th . 1'.171 t witness my hand nulloffici.-1 seal. - i ? t %c-J l • - , - t �� U_ Notary Public. Ito. 923-B. Rev. DEED OF TRUST 10 PUBLIC TRt 'i'rl t Itrm 1 tadford Publishing Co.,1824-46 Stout St eet,Denver,e lo,ue.o tlt hy natural person or persons here insert name or nuniee. if by m"r.en ri•t' r in l , t o r(,'ial capacity s attorney t. then insert n of ptsmen n _p,. r e it-I 1 officer officers, ii, in-tittle], , h s t 'I^ if by ryff f et -n then t-i-I e olors,,- f c I -,amt. Leb. ° off:. of side i, n. for ,1. "atutnq' Ackn n 1 dg]vnl. Sec Ilfl-fi-1 REFERRAL LIST APPLICANT: Edward and Roberta Swanberg CASE NUMBER: RE-705 SENT REFERRALS OUT: August 17, 1984 REFERRALS TO BE RECEIVED BY September 5. 1984 n o <n o z H ra 0 H C ¢ Ct U O ZZ Z U U 2 U wCl) 0 o d fWL o W o a o w v z coa z z z w Ww' z ■ County Attorney (plat only) ■ Weld County Health Department Engineering Department ■ County Extension Agent ■ Office of Emergency Management Rebecca E. Marker, Secretary Tri-Area Planning Commission P.O. Box 363 Frederick, Colorado 80530 833-2075 September 4, 1984 State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 ■ State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Farmers Reservoir and Irrigation Company c/o Albert Sack, President 80 South 27th Avenue Brighton, Colorado 80601 THE FARMERS RESERVOIR & IRRIGATION CO. 80 S.27TH AVENUE BRIGHTON,COLORADO 80601 LETTER OF TRANSMITTAL TO: Department of Planning Services VIA CARRIER: 915 10th St. MAIL: X Greeley, Colo. 80631 OTHER: SUBJECT: Case no. RE - 705 JOB NO. ORIGINAL PRINTS LETTER FOR YOUR INFORMATION AS REQUESTED X FOR YOUR PROCESSING OTHER REMARKS: The Farmers Company requests that all run off from the property be retained on site. Also all buildings or fences be built off of R-0-W which is 30' from center line to the west and 25' from center line to the east. 8/21/84 S NED DATE COPIES TO: Albert Sack President REPLY REQUESTED YES X NO D , 1So ! Lit Yield Co. Planning Commission ._..._.ti RECORDED EXEMPTION NO. 13I I- z8- 3- RE 705 NW COR.SEC 28 N0.SPIN ,• A PORTION OF SHEET I OF 2 THE SW 1/4, SW I/4 , SECTION 28, T2N, R6TW OF THE 6TH P.M., IN WELD COUNTY, COLORADO. VIII 2 l LEGEND cr � N89•S5 X59 E 1334,04' • PINS FOUND 3.. I , O PINS SET is- I O 0 `'. 1 W� , 1 by LOT �' r a s `/ , / o a " �a' � ,\I I 28.388 ACRES N, Jp 0ISfi • liti 4)(1:19. 6. ' u w m - •I `�; 0 8- t( W - SCA L E I.= 300' p 80TH ROADS C��- '0 LO p.- nAn Ctt 60'R.O.W. - I-.-- ° 10.624 ACRES 30'- r-- / 30'- -,.-I - - SW C0R. n E'�Y - SEC. 8 Sfa ! . . NO. 52 __ 1.,.._ :-6_------- 3.E-53' 66. O.OO'_ SI/4 C0R. SEC. 28 . _- 1 P ?1!90' . I,''00"w - COUNTY RDY0, 16 i LOT 74°2' 10.624 ACRES LOT "131.11a 28.388 ACRES TOTAL 39.012 ACRES CTY. RD, I.O. 18 n ,C ~1 NW I/4 NE1/4 ;t O SE TION P '7`' '• I iii LOT a. ' SE 1/4 �-- -LOT Al . ! 7 rrsi. fo Trxari I p 3j 6771. K r I't's i i s f _IL__ �i1 6i�d.l KIIE ___ I ' CTY. RD. NO, I6 kl VICINITY MAP M SCALE I = 2000 .ta .2 A//e¢ ..� .._ - _,..., ...Witr -,...,.M,.......:Y mama.�.._.... ti S..�._.., f ':r ra :'"' r J. 14l gM.�W.y�ti 4 r..Jr. 7 IfitettPLICIYIV • ''. ". '17'.44'4•� .�'1 F•*'1N6,' 4 .� 1 ��RE P`.*.rt a.. .. . .y�ciw. c:ate4 iw . Sout west 4{uarter, Southwest Quarter 4. Section 28 TZ1, R67W of th 6th f..N,,. Wel4 riy Coirr to; said trfut t.. More particularly. , described as Pollan , :,. Pepinning at tte Soutuweatiioineiof said Section .28 from whence the South Quarter S_arner,. of said S":cticn 28 bee0s Silevi 1' O' , 2617.07 feet and with all other bearings • ^rqtained berefil miati vI.t te; thence .05`0rE , 1312,44 feet elei the West I l ne of Sect#+w, 24'; t . ce **WW1, 1334404 feet; thence S24.17107W,7`07"W, 103.12 f4?"—• thance S00411O'OO"!, 1219.99 foet; thence N90'QO' 01111, 1293.53 feet along the So!'t 1.44 -f ectirlin r 3 tb the Point of Beginning; thus describiad tract containing 339.012 acres tore or less. . ' : SUBJECT TO a 30-foot easement along the West and South boundaries of the described tract to be used for county roads. AUO TOGETHER WITH AND SUBJECT TO all rights-of-way and easements which are of public record. 1' SURVEYOR'S CERTIFICATE . I hereby certify that this plat was prepared by me and that the same is correct to the best if my Knowledge and belief. I MERLE D. JOIA20 • 4 - , L.S . 67"!6 "r_ * aft/7/84 ` , We, the undersigned. ' •r �., � being sole owners i' - a above described property do hereby subdivide the save as shown on the attached map. EDWARD W. SWANBERG , -- ROBERTA A. SWANBERG .The foregoing certification was acknowledged before me thisN1 day of ,‘,,.ti,.. A.D. , 1955.y . My Commission Expires: .4,r,0.,,\ : -44 ` .00$5 Notary Public: kv, ,,)r,, Clo. Witness my Hand and Seal 1 The accompanying plat is accepted and approved for filing. ' .-7,1 -40-40---..-.-.....r..-......______,___a-L1,40. • CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS ATTEST: County Cierkn r . By Y , Date 9/ /%7 .. !�..dMlAswrief�.r!.M'+�wt+a Hello