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HomeMy WebLinkAbout841228.tiff AR1972849 .7"-\ RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION No. 223 - CACHE NATIONAL BANK 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 has reviewed the request of Cache National Bank for an exemption from the definitions of "subdivision" and "subdivided land" in Section 30-28-101 (10) (d) , CRS, as amended, and Section 2-lA. (3) of the Weld County Subdivision Regulations, and WHEREAS , this Subdivision Exemption is located in a flood plain district and any future building development will require compliance with Section 50, Overlay District Regulations of the Weld County Zoning Ordinance, and WHEREAS , this Subdivision Exemption request from Cache National Bank is to allow them to convey a 0 .17 acre parcel to adjoining land owners , who will use this parcel as a driveway access, and WHEREAS, said land is located in Part of the SWa, Section 4 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : EXISTING CACHE NATIONAL BANK PROPERTY A tract of land being parts of Lot Four (4) of the Northwest Quarter (NW4) of the South- west Quarter (SWa) and Lot One (1) of the Southwest Quarter (SWa) of the Southwest Quarter (SWa) and Lot Three of the Northeast Quarter (NE4) of the Southwest Quarter (SWa) and Lot Two (2) of the Southeast Quarter (SEa) of the Southwest Quarter (SWa) , all in Section Four (4) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado more particularly described as follows: B 1035 REC 01972849 07/05/84 11 : 05 $0. 00 1/007 F 1619 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO LD: ZON SE #223 841228 P1-", Page 2 RE: SE #223 - CACHE NATIONAL BANK Commencing at the Northwest Corner (NWCor) of said Section 4, and considering the West line of said Section 4 to bear South 01°46 ' 30" West and with all other bearings contained herein being relative thereto; thence South 01°46 ' 30" West, along the West line of said Section 4, 4, 124. 93 feet to a point on the South Right-of-way line of Colorado State Highway No. 263 (also known as 8th Street) , thence along said South Right-of-way line by the following 4 courses and distances : North 87°45 ' 07" East, 259. 85 feet; along the arc of a curve to the left having a. radius of 7, 680 . 00 feet and a long chord that bears North 86°47 ' 02" East, 259 . 51 feet; thence along the arc of a curve to the left having a radius of 7, 680 . 00 feet and a long chord that bears North 84°27 ' 32" East, 363. 74 feet; North 83°06 '07" East, 55. 11 feet to the TRUE POINT OF BEGINNING: thence North 83°06 ' 07" East, along said South Right-of-way line, 209 . 74 feet; thence South 03°45' 44" East 210 . 17 feet, thence South 83°18 '00" West, 209 . 70 feet; thence North 03°45 ' 44" West, 209 . 45 feet to the TRUE POINT OF BEGINNING. A tract of land being parts of Lot Four (4) of the Northwest Quarter of the Southwest Quarter (NW4SW4) and Lot One (1) of the Southwest Quarter of the Southwest Quarter (SW4SW4) and Lot Three (3) of the Northeast Quarter of the Southwest Quarter (NE4SW4) and Lot Two (2) of the Southeast Quarter of the Southwest Quarter (SE4SW4) all in Section Four (4) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado, and being more parti- cularly described as follows : Commencing at the Northwest Corner (NWCor) of said Section 4 , and considering the West line of said Section 4 to bear South 01°46 ' 30" West and with all other bearings contained herein being relative thereto; B 1035 REC 01972849 07/05/84 11 : 05 $0. 00 2/007 F 1620 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 3 RE: SE #223 - CACHE NATIONAL BANK thence South O1°46 ' 30" West, along the West line of said Section 4, 4,124 .93 feet to a point on the South Right-of-way line of Colorado State Highway No. 263 (also known as 8th Street) ; thence along said South Right-of-way line by the following four (4) courses and distances: North 87°45 ' 07" East, 259 . 85 feet; along the arc of a curve to the left having a radius of 7, 680 .00 feet and a long chord that bears North 86°47 ' 02" East 259. 51 feet; along the arc of a curve to the left having a radius of 7 ,680 . 00 feet and a long chord that bears North 84°27 ' 32" East, 363. 74 feet; North 83°06 ' 07" East 264 . 85 feet to the TRUE POINT OF BEGINNING; thence continuing along said South Right-of-way line by the follow- ing two (2) courses and distances : North 83°06 '07" East 528 . 25 feet; South 72°56 ' 27" East, 44. 08 feet to the West line of the Sugar Factory Road; thence along the West line of said Sugar Factory Road by the following three (3) courses and distances; South 01°19 ' 47" West, 88. 33 feet; thence South 11°37 ' 30" West, 82 . 23 feet; thence South 25°28 ' 54" West, 33 .60 feet; thence South 83°18 ' 00" West 523 . 28 feet; thence North 03°45 ' 44" West, 210 . 17 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM Parcel of Land more particularly described in Warranty Deed recorded March 16, 1972 in Book 664 under Reception No. 1585712, Weld County Colorado records . RESULTING CACHE NATIONAL BANK PROPERTY A tract of land being parts of Lot Four (4) of the Northwest Quarter (NW') of the Southwest Quarter (SW4) and Lot One (1) on the Southwest Quarter (SW4) of the Southwest Quarter (SWa) and Lot Three of the Northeast Quarter (NE4) of the Southwest Quarter (SWa) and Lot Two (2) of the Southeast Quarter (SEa) of the Southwest Quarter (SWa) , all in Section Four (4) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado more particularly described as follows: B 1035 REC 01972849 07/05/84 11: 05 $0 .00 3/007 F 1621 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 4 RE: SE #223 - CACHE NATIONAL BANK Commencing at the Northwest Corner (NWCor) of said Section 4 , and considering the West line of said Section 4 to bear South O1°46 ' 30" West and with all other bearings contained herein being relative thereto; thence South 01°46 ' 30" West, along the West line of said Section 4, 4, 124. 93 feet to a point on the South Right-of-way line of Colorado State Highway No. 263 (also known as 8th Street) ; thence along said South right-of-way line by the following 4 courses and distances : North 87°45 ' 07" East, 259 . 85 feet; along the arc of a curve to the left having a radius of 7, 680. 00 feet and a long chord that bears North 86°47' 02" East, 259 . 51 feet; thence along the arc of a curve to the left having a radius of 7, 680 . 00 feet and a long chord that bears North 84°27 ' 32" East, 363. 74 feet; North 83°06 ' 07" East, 55.11 feet to the TRUE POINT OF BEGINNING; thence North 83°06 ' 07" East, along said South right-of-way line, 516 . 20 feet; thence South 06°53 ' 53" East 210 .95 feet, thence South 83°18 ' 00" West, 527 . 66 feet; thence North 03°45 ' 44" West, 209 . 45 feet to the TRUE POINT OF BEGINNING. EXISTING BRACK PROPERTY A tract of land being parts of Lot Three (3) of the Northeast Quarter of the Southwest Quarter (NE4SWa) and Lot Two (2) of the Southeast Quarter of the Southwest Quarter (SE4SWa) all in Section Four (4) , Township Five (5) North, Range Sixty- five (65) West of the 6th P.M. , County of Weld, State of Colorado, according to the subdivision of lands by the Union Colony of Colorado and being more particularly described as follows: Commencing at the Northwest Corner (NW Cor) of said Section 4 and considering the West line of said Section 4 to bear South 01°46 ' 30" West and with all other bearings contained herein being relative thereto; B 1035 REC 01972849 07/05/84 11: 05 $0. 00 4/007 F 1622 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 5 RE : SE #223 - CACHE NATIONAL BANK Then South O1°46 ' 30" West, along the West line of said Section 4, 4124 . 93 feet to a point on the South Right-of-way line of Colorado State Highway No. 263 (also known as 8th Street) ; Thence along said South Right-of-way line by the following four (4) courses and distances : North 87°45 '07" East, 259 . 85 feet; along the arc of a curve to the left having a radius of 7680 . 00 feet and a long chord that bears North 86°47 '02" East, 259 . 51 feet; along the arc of a curve to the left having a radius of 7680 . 00 feet and a long chord that bears North 84°27 ' 32" East, 363. 72 feet; North 83°06 ' 07" East, 698. 91 feet to the TRUE POINT OF BEGINNING; thence continuing along said South Right- of-way line by the following two (2) courses and distances : North 83°06 ' 07" East, 94 . 19 feet; South 72°56 ' 27" East, 44. 08 feet to the West line of Sugar Factory Road (Ash Avenue) ; thence along the West line of said Sugar Factory Road by the following two (2) courses and distances : South 01°19 ' 47" West, 88.33 feet; South 11°37 ' 30" West, 75. 32 feet; thence South 83°18 ' 00" West, 97. 91 feet; thence North 06°53 ' 53" West, 176 . 40 feet to the TRUE POINT OF BEGINNING; said tract of land contains 21, 079 square feet. RESULTING BRACK PROPERTY A tract of land being parts of Lot Three (3) of the Northeast Quarter of the Southwest Quarter (NE4SW4) and Lot Two (2) of the Southeast Quarter of the Southwest Quarter (SE4SW4) all in Section Four (4) , Township Five (5) North, Range Sixty- five (65) West of the 6th P.M. , County of Weld, B 1035 REC 01972849 07/05/84 11 : 05 $0. 00 5/007 F 1623 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO r . Page 6 RE: SE #223 - CACHE NATIONAL BANK State of Colorado, according to the Subdivision of lands by the Union Colony of Colorado and being more particularly described as follows : Commencing at the Northwest corner (NW Cor) of said Section 4 and considering the West line of said Section 4 to bear South 01°46' 30" West and with all other bearings contained herein being relative thereto; thence South 01°46 ' 30" West, along the West line of said Section 4, 4124 .93 feet to a point on the South Right-of-way line of Colorado State Highway No. 263 (also known as 8th Street) ; thence along said South Right-of-way line by the following four (4) courses and distances : North 87 °45 ' 07" East, 259 . 85 feet; along the arc of a curve to the left having a radius of 7680 .00 feet and a long chord that bears North 86°47 ' 02" East, 259 . 51 feet; along the arc of a curve to the left having a radius of 7680 . 00 feet and a long chord that bears North 84°27 ' 32" East, 363 . 72 feet; North 83°06 ' 07" East, 698 .91 feet to the TRUE POINT OF BEGINNING; thence continuing along said South Right-of-way line by the following two (2) courses and distances : North 83°06 ' 07" East, 94. 19 feet; South 72°56 ' 27" East, 44. 08 feet to the West line of Sugar Factory Road (Ash Avenue) ; thence along the West line of said Sugar Factory Road by the following four (4) courses and distances: South 01°19 ' 47" West, 88.33 feet; South 11°37 ' 30" West, 75.32 feet; South 11°37 ' 30" West, 6 .91 feet; South 25°28 ' 54" West, 33 . 60 feet; thence South 83°18 ' 00" West, 205.32 feet; thence North 06°53 ' 53" West, 35. 0 feet; thence North 83°18 ' 00" East, 127 . 61 feet; thence North 06°53' 53" West, 176 . 40 feet to the TRUE POINT OF BEGINNING; said tract of land contains 0 . 65 acres, more or less. B 1035 REC 01972849 07/05/84 11 : 05 $0. 00 6/007 F 1624 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Page 7 RE: SE #223 - CACHE NATIONAL BANK NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the above described parcels be, and hereby are, declared to be exempt from the definitions of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS, as amended, and Section 2-1 A. (3) of the Weld County Subdivision Regulations . The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of June, A.D. , 1984. 4 f, /f BOARD OF COUNTY COMMISSIONERS ATE' `: '7zi.t.r., WELD COUNTY, COLORADO We le 40r y 'Clerk and Recorder ) ae--4-,--2J----- andetIN,ito the Bo d Norman Carlson, Chairman J 4Yuntk cSneJroTern APPROVED AS TO FORM: EXCUSED DATE OF SIGNING - AYE Gene R. Brantner C22L- aW`7 County Attorney Clson , n T. Martin B 1035 REC 01972849 07/05/84 11 : 05 $0. 00 7/007 F 1625 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • • FLOW SHEET • ? CASE i/ COUNTY COMMISSIONERS MEETING DATE: 4*�4„.. 7 /My' APPLICANT: �,jenrx J� REQUEST: „ly7dL .t � G` o Tditi LEGAL: 7" .((�7/ r- LOCATION: �r4¢ (4QL DATE BY l�t� Application Received Application Complete A 9 IA9i92 Sign Given to Applicant Sign To Be Posted By: A/4-- Letter to Applicant Drafted �� l •B•c5V Referrals Listed C' Air Photo and Maps Prepared I C9 l 'c-4,6 Soils Map Prepared File Assembled 6 _1≥ Letter to Applicant Mailed 6-9a-05 t 3_ Referrals Mailed - Chaindexed — Prop. &Mineral Owners Notified By: iv, Field Check By DPS Staff - -er v 014 DPS Recommendation Drafted -2O -eY 1,/21.DPS Recommendation Typed L� —ca/ Packets Xeroxed � 65' CC Action: - ,27-gv Plot and/or Resolution Recorded /^65-ifJ/T D ( History Card Completed R ,gazd_c-gn Mao a+.4/or Filed I \ - \. TO: Board of County Commissioners Date: June 27, 1984 Subdivision Exemption # SE 223 Applicant: Cache National Bank Legal Description of Property: Part of the SW14 Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado. Location of Property: East of the Greeley City Limits; south of 8th Street and west of Ash Street The owners of the property described above have requested an exemption from the Weld County Subdivision Regulations under Section 9-3A. The Department of Planning Services staff has reviewed this request and recommends that the request be approved for the following reasons: DOES DOES NOT X Fall in flood plain or geologic hazard area X Agree with the Weld County Comprehensive Plan X Create new parcels eligible for building permits X Agree with surrounding land uses COMMENTS: The proposed subdivision exemption is located in a flood plain district. Any future building development will require compliance with Section 50, Overlay District Regulations of the Weld County Zoning Ordinance. Approval of this request will allow Cache National Bank to convey a 0. 17 acre parcel to Doris F. Brack an adjoining land owner who will use this parcel as a driveway access. 97? .PS es R. Maye 1, Cc! Planner Cc!" giefirtn n ^. • FIELD CHECK FILING NUMBER: SE-223 DATE OF INSPECTION: 6/19/84 NAME: Cache National Bank REQUEST: Subdivision Exemption LEGAL DESCRIPTION: Part of the SW * Section 4 Township 5N Range 65W LAND USE: N BFI Garbage trucks & buildingiBurris Company Building E Residence S Sewage Lagoons W Eljer (Furniture Supply) Store ZONING: N C-3 & City of Greeley LOCATION: East of the Greeley City Limits; E I-3 South of 8th Street (St Highway 263) S I-3 and West of Ash Street . W City of Greeley & T-2 COMMENTS: Access to subject site is from State Highway 263, a paved road. Improvements on Cache National Bank property include a mobile home and one metal frame building. Both buildings appear to be vacant . The Brack property has one building and a 3 sided structure used for storage of trucks & other euuipment The property proposed to be exchanged is a small strip of land behind the Brack property that would be used as a driveway . There is one metal building housing Solar Industries and Perforating Services between Brack's property and the Cache National Bank property. BY: piyyZ e(177��..(eJ 0 C.� a C'7 it = /c im Q U r /a2 iH A ' W I FT1 V �AVE . Visor 1 ICJ F IA __ em 00 I.71. II 0 N °Iti� Qibn �� P m n M ��.•�� ... j" ri. S f z 4,I ,. �89e I_ i 3 '.� i _ _ a�_.,—.'_ IA p m tae T •� / I - -� NoiNn ••.- n� i�nvd - 4sao A N e il"`-= �.: i ��._ .+ - _- ,p N is MB__ - - 8. p 5I N a co ' w 1 -1_441.w._• i' AVE:I �a � �� � _ �'_� _ �. � , — I , • L . _ — �_LL 1 m t F IR / 1 P , Q41y I N I ° Ls Y I / O o'� N �fl$ m • Ys° • N �Y. - �.,A �` �� 'o o\ 0 V 1 m`� �\ z r „ � � I P A m z alb• y } 0 ,m N 1r _ 1 09n F =- - tom_ • \ m A V c O ••J• 1 ° O r N o D r024 AO r <' c1 s�o, r 1.cn �• b 0. V)rhi I' �I',� m r � 1 N 1Lt. o c o 1.°.r1.6-, . • ,�11 _ m V ol - l '' i 1 / A \ Z z o „ -I. o I c 00 o 1 : - t - 1 !I,N \\ '1 : � 1 AI. (ri gn '�60 O s jw o0 06 p 'IS Iii ._ - •_,.,n� d n • ''9MHia d Cache National Bank 2600 Eleventh Avenue Post Office Box 1257 Greeley,Colorado 80632 303/353-4644 June 6, 1984 Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 To Whom It May Concern: This statement is in reference to the attached Subdivision Exemption Request, as to the purpose and benefits of the request. t Our request is for approval of the conveyance of a 0.17 acre parcel of land from Cache National Bank to Robert 0. and Doris F. Brack, who own an adjoining parcel. The purpose of this request is for the Bracks to add this parcel to their existing land, and to acquire the driveway access to Ash Street located on the subject parcel. Cache National wishes to sell this small parcel, which has little impact on the value of the remaining land the bank owns. This transaction is primarily to the benefit of the parties involved for the reasons described above. It is not anticipated that any adverse public impact will occur as a result of this request. Sincerely, viryteLi David A. Vandenberg Assistant Vice President DAV:sj APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: 00 CASE NO. APPL. FEE 57-- ZONING DISTRICT RECEIPT NO. jc. t5 DATE APPL. CHECKED BY 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 exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 9-3 of the Weld County Subdivision Regulations by the Weld County Board of County Commissioners. General legal description of total involved parcel(s) Section 4 T 5 N, R 65 W Please see attached legal descriptions Has this property been divided from or had divided from it any other property since August 30, 1972? Yes x No FEE OWNERS OF PROPERTY: Name: Cache National Bank of Greeley Address: p n Pox 1757, Greeley, CO 80632 Phone 353-4644 Name: Robert n and Doris F Braok Address: 206 Rnu,an ct Tnnannnt CO 80501 Phone 776-2834 Name: Address: Phone Total acreage of the total property involved: 3.173 more or less Existing land use of the total property involved: I-2 and C-3 Existing land use of the adjacent properties: North: NE: C-3; NW: I-2 South: I-3 East: I-3 West: C-3 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. CACHE NATIONAL BANK OF GREELEY STATE OF COLORADO ) BY: COUNTY OF WELD ) Ly�i/ //oWGI4 Signature Owner of uthorized Agent Subscribed and sworn to before me this 1st day of June , 19 84 . SEAL Notary Public P.O. Bo 257 Greeley O 80632 July 2, 1986 My Commission expires: . A • • • DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEV,COLORADO 80631 COLORADO June 8, 1984 Cache National Bank of Greeley P.O. Box 1257 Greeley CO 80632 Re: SE 223 -- Request for a Subdivision Exemption on a parcel of land described as Part of the SSA, Section 4, T5N, R65W of the 6th P.M., Weld County, Colorado. Dear Dave Vandenberg: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Board of County Commissioners on June 27, 1984 at 9:30 This meeting will take 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 in attendance to answer any questions 'the Board of County Commissioners members might have with respect to your application. f The Department of Planning Services staff will make a recommendation concerning this application to the Board of County Commissioners. It is the responsibility of an applicant to contact the Department of Planning Services office a few days before the date of the Board of County Commissioners hearing to obtain that recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, ernr�� James R. Mayert Current Planner ,r Z P 397, 289 749 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Cache National-Bank Street and No. Box'1257 P.O.,State end ZIP Cade Greeley, CO 80632 Peerage • $ Certified Fee Special Delivery Fee Restricted Delivery Fee to-e.SENDER: Completeito tg 1,2,3 and 4.-- • 'Return Receipt Showing '= Put your address in the'•RETU RN TO"space on the - to whom end DotepreventReturn Deling whom, " f4 being returned to you,-The return receipt fee will provide ,± you the name of the person delivered to end the date of w Date,and Address of Delivery der tm:For additional teas the following services are n. available.Consult postmaster for fees and check basica); .TOTAL Postage and Fees $ < for servicels)requested. ss, Postmark or,Dete m 1.nShaw to whom,data and addrers of delivery:. 6-12-84 2. O Restricted Delivery. •. - 3.Article Addressed to: w • Cache National Bank, Box 1257 Greeley, CO 80632 4.Type of Service: Article Number O Registered O Insured jgCCertified ❑COD P 397 289 749 N Express Mail W Always obtain signature of addressee oragent and I DATE DELIVERED. • p si'`" Ad x • 6.Signature—Agent e X _ �R m 7. Date of Delivery "JUN 1 A 1 za.AddresaeaaAddwm rea(0NLYf} ee ,J ' s • H. \ BEFORE Cache National Bank Property LEGAL DESCRIPTION A tract of land being parts of Lot Four (4) of the Northwest Quarter (NW') of the Southwest Quarter (SW1) and Lot One (1) of the Southwest Quarter (SW'4) of the Southwest Quarter (SW1) and Lot Three of the Northeast Quarter (NE1) of the Southwest Quarter (SW1) and Lot Two (2) of the Southeast Quarter (SE%) of the Southwest Quarter (SW4) , all in Section Four (4) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado more particularly described as follows : Commencing at the Northwest Corner (NWCor) of said Section 4, and considering the West line of said Section 4 to bear South 01°46'30" West and with all other bearings contained herein being relative thereto; thence South 01°46'30" West, along the West line of said Section 4, 4,124. 93 feet to a point on the South Right-of-way line of Colorado State Highway No. 263 (also known as 8th Street) , thence along said South Right-of-way line by the following 4 courses and distances: North 87°45'07" East, 259.85 feet; along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 86°47'02" East, 259.51 feet; thence along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 84°27'32" East, 363.74 feeet; North 83°06'07" East, 55.11 feet to the TRUE POINT OF BEGINNING: thence North 83O06'07" East, along said South Right-of-wag line, 209.74 feet; thence South 0345'44 East 210.17 feet, thence South 83 18'00" West, 209.70 feet; thence North 03°45'44" West, 209.45 feet to the TRUE POINT OF BEGINNING. A tract of land being parts of Lot Four (4) of the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) and Lot One (1) of the Southwest Quarter of the Southwest Quarter (SWItSWZ) and Lot Three (3) of the Northeast Quarter of the Southwest Quarter (NEkSW1/4) and Lot Two (2) of the Southeast Quarter of the Southwest Quarter (SE4SW%) all in Section Four (4) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado, and being more particularly described as follows : Commencing at the Northwest Corner (NWCor) of said Section 4, and considering the West line of said Section 4 to bear South 01°46'30" West and with all other bearings contained herein being relative thereto; thence South 01°46'30" West, along the West line of said Section 4, 4,124.93 feet to a point on the South Right-of-way line of Colorado State Highway No. 263 (also known as 8th Street) ; thence along said South Right-of-way line by the fol- lowing four (4) courses and distances: North 87°45'07" East, 259.85 feet; along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 86°47'02" East 259.51 feet; along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 84 27'32" East, 363.74 feet; North 83°06'07" East 264.85 feet to the TRUE POINT OF BEGINNING; thence continuing along said South Right-of-way line by the following two (2) courses and distances: North 83°06'07" East 528.25 feet; South 72°56'27" East, 44.08 feet to the West line of the Sugar Factory Road; thence along the West line of said Sugar Factory Road by the following three (3) courses and distances; South 01 19'47" West, 88.33 feet; thence South 11°37' 30" West, 82.23 feet; thence South 25°28'54" West, -33.60 feet; thence South 83°18'00" West 523.28 feet; thence North 03°45'44" West, 210.17 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM Parcel of land more particularly described in Warranty Deed recorded March 16 , 1972 in Book 664 under Reception No. 1585712, Weld County Colorado records. BEFORE • Brack Property LEGAL DESCRIPTION A TRACT OF LAND BEING PARTS OF LOT THREE ( 3) OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE!.SW'.,) AND LOT TWO ( 2) OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE'. SW's) ALL IN SECTION FOUR (4) , TOWNSHIP FIVE (5) NORTH , RANGE SIXTY-FIVE (65) -WEST OF THE 6th P.M. , COUNTY OF WELD, STATE OF COLORADO , ACCORDING TO THE SUBDVISION OF LANDS BY THE UNION COLONY OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER (NW gOR) OF SAID SECTION 4 AND CONSIDERING THE WEST LINE OF SAID SECTION 4 TO BEAR SOUTH 01 46' 30" WEST AND WITH ALL OTHER BEARINGS CON- TAINED HEREIN BEING RELATIVE THERETO; --, THENCE SOUTH 01° 46' 30" WEST , ALONG THE WEST LINE OF SAID SECTION 4, 4124.93 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 263 (ALSO KNOWN AS 8th STREET) ; ' THENCE ALONG SID SOUTH RIGHT-OF-WAY LINE BY THE FOLLOWING FOUR (4) COURSES AND DISTANCES : NORTH 87 45' 07" EAST , 259.85 FEET ; ALONG THE ARC OF A CURVE b0 THE LEFT HAVING A RADIUS OF 7680.00 FEET AND A LONG CHORD THAT BEARS NORTH 86 47 ' 02" EAST, 259. 51 FEET; ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 7680.00 FEET AND A LONG CHORD THAT BEARS NORTH 84° 27 ' 32" EAST, 363. 12 FEET; NORTH 83 06' 07" EAST, 698. 91 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES AND DISTANCES : NORTH 83° 06' 07" EAST. '94. 19 FEET; SOUTH 72° 56' 27" EAST, 44.08 FEET TO THE WEST LINE OF SUGAR FACTORY ROAD (ASH AVENUE) ; THENCE ALONG THE WEST LINE OF SAID SUGAR FACTORY ROAD BY THE FOLLOWING TWO (2) COURSES AND DISTANCES : SOUTH 01° 19' 47" WEST, 88. 33 FEET ; SOUTH 11° 37 ' 30" WEST, 75 .32 FEET ; THENCE SOUTH 83° 18' 00" WEST , 97 . 91 FEET ; THENCE NORTH 06° 53' 53" WEST, 176.40 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 21 ,079 SQUARE FEET. AFTER Cache National Bank Property • LEGAL DESCRIPTION A tract of land being parts of Lot Four (4) of the Northwest Quarter(NW') of the Southwest Quarter (SW%) and Lot One (1) on the Southwest Quarter (SWti) of the Southwest Quarter (SWti) and Lot Three of the Northeast Quarter (NE%) of the Southwest Quarter (SWti) and Lot Two (2) of the Southeast Quarter (SE') of the Southwest Quarter (SW1) , all in Section Four (4) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado more particularly described as follows: Commencing at the Northwest Corner (NWCor) of said Section 4, and considering the West line of said Section 4 to bear South 01°46'30" West and with all other bearings contained herein being relative thereto; thence South 01°46'30" West, along the West line of said Section 4, 4,124.93 feet to a point on the South Right-of-way line of Colorado State Highway No. 263 (also known as 8th Street) ; thence along said South right-of-way line by the following 4 courses and distances: North 87°45'07" East, 259.85 feet; along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 86°47'02" East, 259.51 feet; thence along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 84°27'32" East, 363.74 feet; North 83°06'07" East, 55.11 fee[ to the TRUE POINT OF BEGINNING; thence North 83°06'07" East, along said South right-of-way line, 516.20 feet; thence South 06°53'53" East 210. 95 feet, thence South 83°18'00" West, 527.66 feet; thence North 03°45'44" West, 209.45 feet to the TRUE POINT OF BEGINNING. Brack Property LEGAL DESCRIPTION A TRACT OF LAND BEING PARTS OF LOT THREE (3) OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NEtiSW') AND LOT TWO (2) OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SEZSW1/4) ALL IN SECTION FOUR (4) , TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-FIVE (65) WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, ACCORDING TO THE SUBDIVISION OF LANDS BY THE UNION COLONY OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER (NW COR) OF SAID SECTION 4 AND CONSIDERING THE WEST LINE OF SAID SECTION 4 TO BEAR SOUTH 01°46'30" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 01°46' 30" WEST, ALONG THE WEST LINE OF SAID SECTION 4, 4124.93 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 263 (ALSO KNOWN AS 8TH STREET) ; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE BY THE FOLLOWING FOUR (4) COURSES AND DISTANCES: NORTH 87°45'07" EAST, 259.85 FEET; ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 7680.00 FEET AND A LONG CHORD THAT BEARS NORTH 86°47'02" EAST, 259.51 FEET; ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 7680.00 FEET AND A LONG CHORD THAT BEARS NORTH 84°27'32" EAST, 363. 72 FEET; NORTH 83°06'07" EAST, 698.91 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES AND DISTANCES : NORTH 83°06'07" EAST, 94.19 FEET; SOUTH 72°56'27" EAST, 44.08 FEET TO THE WEST LINE OF SUGAR FACTORY ROAD (ASH AVENUE) ; THENCE ALONG THE WEST LINE OF SAID SUGAR FACTORY ROAD BY THE FOLLOWING FOUR (4) COURSES AND DISTANCES : SOUTH 01°19'47" WEST, 88.33 FEET; SOUTH 11°37'30" WEST, 75.32 FEET; SOUTH 11°37'30" WEST, 6.91 FEET; SOUTH 25°28'54" WEST, 33.60 FEET; THENCE SOUTH 83°18'00" WEST, 205.32 FEET; THENCE NORTH 06°53'53" WEST, 35.0 FEET; THENCE NORTH 83°18'00" EAST, 127.61 FEET; THENCE NORTH 06°53'53" WEST, 176.40 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 0.65 ACRES, MORE OR LESS. . BEFORE v NW Cox. Brack Sec H • 1.\) .ti . 1 yes) t.i o '� . �. s \ �c0Go. S T /mss ear i �°1.�9 P M u EAST OG'G1'E ��� 5 y d7.wl P�kN k I k ,YB id'if. 21.7 d , Soy 3. t Lev 1 �' 5 tea Z E {�Y./ 7iv j � ' ace. 7r � £de) /Cgs . �,.1 j b. 7.69 Ac.? :� [EC YB�Ici • S/i •°37•..tr �• ti� 'a a Cache Nat,' al Bank Bi z3 Nt;by 4aA ° N h 6-Z3 2,9' e Nk tog 70 S 63°ie'co-et AFTER • ,v,✓coe sR. Brack /t; -� a o. `�\ CGpG�. 3 rr srLCEr V a ° :H �^ Q fi9sT d ,.� S,4 Zo' t o4 c7/oa °s� 1 �g�aG 4 Fv �� Log 9Y V, • 2E 7 V �a n c y °v Cache Na.� final Bank ` -- , vis-=tee e,e Z_res' U� w sz7.v� . �I SCAL. rV • { Pnrnrded at i"\ -_ o'clock M. - e."\ •aRIgyy605 B 1015 REC u1949605 12/09/83 15 : 51 $12. 00 1/004 . F 0843 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RICHCO COMMODITIES, INC. H H whoseaddressis Post Office Box 967, Greeley, iI [IColorado :80632 County of Weld , and State of �! � II I(Colorado , for the consideration of other valuable • I !i consideration and TEN AND NO/100---- Dollars,in hand paid, I ii I hereby sell(s)and quit claim(s)to CACHE NATIONAL BANK OF I I GREELEY II whoseaddressis 2600 11th Avenue, Post Office Box 1257, II I I I Greeley, Coloradocounty of Weld , and State of Colorado ,the following real j if property,in the County of Weld , and State of Colorado,to wit: i' li I I HA tract of land being parts of Lot Four (4) of the Northwest Quarter (NW 1/4) of Tithe Southwest Quarter (SW 1/4) and Lot One (1) of the Southwest Quarter (SW 1/4) Hof the Southwest Quarter (SW 1/4) and -Lot Three (3) of the Northeast Quarter (NE 1/4) Iof the Southwest Quarter (SW 1/4) and Lot Two (2) of the Southeast Quarter (SE 1/4)x,. iiof the Southwest Quarter (SW 1/4) , all in Section Eour (4) , .Township Five (5) H !North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of H [Colorado, according to the subdivision of lands by The Union Colony of Colorado, II Land being more particularly described in Exhibit "A" attached hereto. II ii ii Hit is the express intent of the parties that the liens of deeds of trust 'recorded 25 May 1983 in Book 997 as Reception Nos. 1928079 and 1928080 H (respectively, Weld County Records, be preserved in all respects for the benefit ofII I. II '[the holders of the notes secured thereby, and no merger of interests is intended :i Hby the execution and delivery of this deed. i! U in I II il sr I, iI li l also known as street and number I II with all its appurtenances i I: I I 2nd Signed this December day of , 19 83. ii g 'I i RIQHGO CO ODIT S, INC. I % � [� I. BY ( a>e / I,, ALD M. RIC Af�SON, President I. c J STATE OF COLORADO, Iss• : County of Weld ill • The foregoing instrument was acknowledged before me this 2nd • ' day of December , 19 83 ,by RONALD M. RICHARDSON as President of RICHCO COMMODITIES, INC. • My commission expires 9/11/85 • Witness my hand and official seal • • r'. U Notary Public. - v. - .- \\U IA'?,k- •'° P. 0. Box 1257, Greeley, CO 80632 • : -o--o-o- ADDRESS OF NOTARY PUBLIC I s. •. C, r. or cOt5) Ii t_li -- — No.898. QUITCLAIM DEED—Short form— Bradford Publishing.5823 W.fah Ave..A Lakewood.co 80ne-003)23).6900-i62 I . . . . B 1015 REC 01949605 12/09/83 15 : 51 $12 . 00 2/004 F 0844 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • ---'-- -- -- EXHIBIT "A" 1 to QUIT CLAIM DEED DATED DECEMBER 1983 BETWEEN RICHCO COMMODITIES, INC. , AS GRANTOR, AND CACHE NATIONAL BANK OF GREELEY, AS GRANTEE. A tract of land being parts of Lot Four (4) of the Northwest Quarter (NW1/4) of the Southwest Quarter (SW1/4) and Lot One (1 ) of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) and Lot Three (3) of the Northeast Quarter (NE1/4) of the Southwest Quarter (SWl/4) and Lot Two (2) of the Southeast Quarter (SE1/4) of the Southwest Quarter (SW1/4) , all in Section Four (4) , Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado, according to the subdivision of lands by The Union Colony of Colorado, and being more particularly described as follows: Commencing at the Northwest Corner (NW Cor) of said Section 4, and considering the West line of said Section 4 to bear South 01 '46'30" West and with all other bearings contained herein being relative thereto; thence South 01'46'30" West, along the West Line of said Section 4, 4,124.93 feet to a point on the South Right-of-Way line of Colorado State Highway No. 263 (also known as 8th Street); thence along said South Right-of-Way line by the following 4 courses and distances: North 87'45'07" East, 259.85 feet; Along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 86'47'02" East, 259.51 feet; Along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 84'27'32" East, 363.74 feet; North 83'06'07" East, 55. 11 feet to the True Point of Beginning; thence North 83'06'07" East, along said South Right-of-Way line, 209.74 feet; thence South 03'45'44" East, 210.17 feet; thence South 83'18'00" West, 209.70 feet; thence North 03'45'44" West, 209.45 feet to the True Point of Beginning. A tract of land being parts of Lot Four (4) of the Northwest Quarter of the Southwest Quarter (NW1/4 SW1/4) and Lot One (1 ) of the Southwest Quarter of the Southwest Quarter (SW1/4 SW1/4) and Lot Three (3) of the Northeast Quarter of the Southwest Quarter (NE1/4 SW1/4) and Lot Two (2) of the Southeast Ouarter of the Southwest Quarter (SE1/4 SW1/4) all in Section Four (4), Township Five (5) North, Range Sixty-five (65) West of the 6th P.M. , County of Weld, State of Colorado, according to the subdivision of lands by The Union Colony of Colorado, and being more particularly described as follows: Commencing at the Northwest Corner (NW Cor) of said Section 4, and considering the West line of said Section 4 to bear South 01'46' 30" West and with all other bearings contained herein being relative thereto; thence South 01'46'30" West, along the West Line of said Section 4, 4,124.93 feet to a point on the South Right-of-Way line of Colorado State Highway No. 263 (also known as 8th Street); thence along said South Right-of-Way line by the following Four (4) courses and distances: North 87'45'07" East, 259.85 feet; Along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 86'47'02" East, 259.51 feet; Along the arc of a curve to the left having a radius of 7,680.00 feet and a long chord that bears North 84'27' 32" East, 363.74 feet; North 83'06'07" East, 264.85 feet to the True Point of Beginning; thence continuing along said South Right-of-Way line by the following Two (2) courses and distances: North 83'06'07" East, 528.25 feet; South 72'56'27" East, 44.08 feet to the West line of the Sugar Factory Road; thence along the West line of said Sugar Factory Road by the following Three (3) courses and distances: South 01 '19'47" West, 88.33 feet; South 11'37'30" West, 82.23 feet; South 25'28'54" West, 33.60 feet; thence South 83'18'00" West, 523.28 feet; thence North 03'45'44" West, 210.17 feet to the True Point of Beginning. EXCEPTING THEREFROM, Parcel of land more particularly described in Warranty Deed recorded March 16, 1972 in Book 664 under Reception No. 1585712, Weld County Colorado Records. B 1015 REC 01949605 12/09/83 15 : 51 $12 . 00 3/004 F 0845 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AGREEMENT FOR DEED IN LIEU OF FORECLOSURE THIS AGREEMENT is made this2nd day of December , 1983 between CACHE NATIONAL BANK OF GREELEY , hereinafter called the "BANK " , and RICHCO COMMODITIES , INC . , hereinafter called "RICHCO" , to evidence the understanding and agreement of the parties concerning the execution and delivery of a Deed in Lieu of Foreclosure by RICHCO in favor of the BANK . A true copy of the Deed is attached hereto and incorporated herein by reference . RICHCO is presently indebted to the BANK in an amount in excess of THREE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ( $350, 000. 00 ) , which latter amount , with interest , is secured by two ( 2 ) Deeds of Trust recorded 25 May 1983 in Book 997 as Reception Nos . 1928079 and 1928080 , Weld County Records . These Deeds of Trust encumber the property described on the attached Deed . FOR AND IN CONSIDERATION of the mutual covenants and undertakings herein set forth , the parties agree as follows : 1 . Contemporaneously with the execution of this Agreement , RICHCO executes and delivers to the BANK its Quit Claim Deed in the form attached hereto and incorporated herein by reference . The parties intend that upon the recording of this Deed , the BANK will acquire fee title to the property , subject only to 1983 taxes payable in 1984. The BANK will not record the Deed until it is certain that it can acquire this title by doing so . The BANK shall have the opportunity to inspect the improvements located on the property prior to recording the Deed . The BANK reserves full right at any time prior to recording the Deed to abandon this entire undertaking and proceed by foreclosure , or otherwise . 2 . If the BANK elects to record the Deed , it will apply to RICHCO ' S indebtedness at the BANK the sum of THREE HUNDRED THOUSAND AND NO/100 DOLLARS ( $300 ,000 . 00 ) , or the value of the property as established by an independent appraisal thereof now in progress , whichever figure is higher . The said amount will be credited to RICHCO as of the date the Deed is recorded . 3 . Upon the recording of the Deed , the property will belong solely to the BANK. It has no duty to account to - 1 - /^ /'., • • B 1015 REC 01949605 12/09/83 15 : 51 $12 . 00 4/004 F 0846 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RICHCO for any surplus if it sells the property for more than the amount credited under this Agreement , nor may the BANK charge RICHCO if it sells the property for less than that amount . 4. It is expressly understood that the BANK does not accept the Deed in full settlement of its claims against RICHCO or any parties who have guaranteed the obligations of RICHCO to the BANK . Under the Agreement set forth herein , all such parties will be jointly and severally liable for any and all indebtedness of RICHCO to the BANK after the credit of the amount described in Paragraph 2. above . 5. RICHCO has already vacated the property and waives all future claims to possession thereof. RICHCO additionally agrees to indemnify and hold the BANK harmless against any and all claims for possession of or any interest in the property which may be asserted by any party whomsoever claiming possession or title through RICHCO. 6. There is no consideration either given or promised to RICHCO by the BANK for the Deed except as expressly set forth in this Agreement . IN WITNESS WHEREOF the parties have set their hands and seals the day and year first above written. CACHE NATIONAL BANK OF GREELEY BY : %` / . ( /; , B : et 3r, • to i, E. ALD M . RI ' �ScON President State of Colorado) County of Weld )ss Acknowledged before me this 2nd day of December, 1983 by R.T. Anders and Ronald M. Richardson. Witness my hand and official seal. Notary Public // P. 0. Box 1257, Greeley,/ CO 80632 My commission expires 9/11/85 _ 2 _ Hello