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HomeMy WebLinkAbout20040677.tiff JRN-26-200d(M0N) 09: 36 SNOWDRNCE/HIGH DESERT (FRX)970 353 33t18 P 001 :009 Snowdance Group, LLC Snowdance Development Company High Desert Management, LLC 1750 25th Avenue, Suite 305 Greeley, Colorado 80634 email: jrawson@snowdancegroup.com FAX COVER SHEET Date:January 26,2004 Number of pages including cover sheet 9 To:Lee Morrison From: J.C.Rawson Weld County Attorney's Office Snowdance Development Company Phone: 970.356.4000,ext 4395 Phone:970.356.9787 Fax:970.352.0242 Fax: 970.353.3348 Copy To: Sheri Lockman Weld County Planning Services Phone: 970.353.6100 ext 3540 Fax: 970 304.6498 Re: Power of Attorney for Carl Hill (W.B.Farms Estates) To: File REMARKS: Lee; According to the Resolution of Recommendation to the Board of County Commissioners generated from the Weld County Planning Commission on January 6,2004,the Planning Commission's recommendation for approval is conditional upon Wesley B.and Julie A.Hill executing valid Powers of Attorney in favor of Carl Hill as we discussed over the phone. It is my understanding that this issue must be resolved prior to scheduling a hearing with the County Commissioners to obtain their approval of the project I have attached copies of the Powers of Attorney that have been executed and notarized by Wesley and Julie Hill for your review. If you find them acceptable,please advise Sheri Lockman so that the hearing with the County Commissioners maybe scheduled ASAP. Thanks! Jim pyr� ��Y 6i 2004-0677 JRN-26-2004(M0N) 09: 36 SN0W0RNCE/HIGH DESERT (FRX)9T0 353 3348 P. 002/009 COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY NOTICE: UNLESS YOU LIMIT THE POWER IN THIS DOCUMENT, THIS DOCUMENT GIVES YOUR AGENT THE POWER TO ACT FOR YOU,WITHOUT YOUR CONSENT,IN ANY WAY THAT YOU COULD ACT FOR YOURSELF. THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE"UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT",PART 13 OF ARTICLE I OF TITLE 15, COLORADO REVISED STATUTES,AND PART 6 OF ARTICLE 14 OF TITLE 15, COLORADO REVISED STATUTES. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE.THIS DOCUMENT DOES NOT AUTHORTZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY TF YOU LATER WISH TO DO SO. THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT') BROAD POWERS TO HANDLE YOUR PROPERTY AND AFFAIRS, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL, OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THE PROVISIONS OF THIS FORM AND MUST KEEP A RECORD OF RECEIPTS, DISBURSEMENTS, AND SIGNIFICANT ACTIONS TAKEN AS AGENT. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS FORM BUT NOT CO-AGENTS. UNTIL YOU REVOKE THIS POWER OF ATTORNEY OR A COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU MAY BECOME DISABLED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW. YOU MAY HAVE OTHER RIGHTS OR POWERS UNDER COLORADO LAW NOT SPECIFIED IN THIS FORM. I, Wesley B. Hill of 13388 Weld County Road 80, Eaton,CO 80615, appoint Carl Hill whose address is 2815 83rd Avenue, Greeley, CO 80634, as my agent (attomcy-in-fact) to act for me in any lawful way with respect to the following initialed subjects: TO GRANT ONE OR MORE OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER,DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY,BUT NEED NOT,CROSS OUT EACH POWER WITHHELD. INITIAL Lv 17'V) (A)Real property transactions(when properly recorded). (B)Tangible personal property transactions. (C)Stock and bond transactions. (D)Commodity and option transactions. (E)Banking and other financial institution transactions. (F)Business operating transactions. (G)Insurance and annuity transactions. (H)Estate,trust,and other beneficiary transactions. JAN-26-2004(M0N) 09: 36 SN0IJDRNCE/HIGH DESERT (FRX)970 353 33dB P 003/009 (1)Claims and litigation. (I)Personal and family maintenance. (K)Benefits from social security,medicare,medicaid,or other governmental programs or military service. (L)Retirement plan transactions. (M)Tax matters. UNLESS YOU DIRECT O to WISE,THIS POWER OF ATTORNEY IS bFFbCTTVE IMMEDIATELY AND WILL CONTINUE UNTIL IT TS REVOKED OR TERMINATED AS SPECIFIED BELOW. STRIKE THROUGH AND WRITE YOUR INITIALS TO THE LEFT OF THE FOLLOWING SENTENCE IF YOU DO NOT WANT THIS POWER OP ATTORNEY TO CONTINUE IF YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. 1. (L rLin- This power of attorney will continue to be effective even though I become disabled, incapacitated, or incompetent. YOU MAY INCLUDE ADDITIONS TO AND LIMITATIONS ON THE AGENTS POWERS IN THIS POWER OF ATTORNEY IF THEY ARE SPECIFICALLY DESCRIBED BELOW. 2.( )The power'granted above chilli not include-the-following powers or shall be modified or-limited in the following manner(here you may include any specific limitations you deem appropriate,such-as-a prohibition of or conditions on the sale of particular clock or-real-wtate,or-speoiol rules regarding borrowingby-tho agent): 3. *YIn addition to the powers granted above,I grant my agent the following powers (here you may add any other delegable powers, such as the power to make gifts, exercise powers of appointment, name or change beneficiaries or joint tenants, or revoke or amend any trust specifically referred to below) execute any and all documents which Carl Hill deems necessary or with respect to: (a) the property located in Weld County, Colorado described as Lot B of R.E. 0707-20-2-RE1563 dated June 26, 2003, or (b) the W.B. Farms Estates Minor Subdivision. 4. SPECIAL INSTRUCTIONS. ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS TO YOUR AGENT: YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES . INCURRED IN ACTING UNDER THIS POWER OF ATTORNEY. STRIKE THROUGH AND INITIAL THE NEXT SENTENCE IF YOU DO NOT WANT YOUR AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR SERVICES AS AGENT. 5. ( ) My agent is entitled to reasonable compensation for services rendered as agent under this power of attorney. THIS POWER OF ATTORNEY MAY BE AMENDED IN ANY MANNER OR REVOKED BY YOU AT ANY TIME. ABSENT AMENDMENT OR REVOCATION, THE AUTI•IORITY GRANTED IN THIS POWER OF ATTORNEY IS EFFECTIVE WHEN THIS POWER OF ATTORNEY IS SIGNED AND CONTINUES IN EFFECT UNTIL YOUR DEATH, UNLESS YOU MAKE A LIMITATION ON DURATION BY COMPLETING THE FOLLOWING: 6.This power of attorney terminates on January 10,2006. 2 JAN-26-2004(M0N) 09: 36 SN0WDANCE/HIGH DESERT (FR X)970 353 3348 P. 004/009 BY RETAINING THE FOLLOWING PARAGRAPH, YOU MAY, BUT ARE NOT REQ r' CM TO, NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON OR CONSERVATOR OF YOUR PROPERTY,OR BOTH, IF A COURT PROCEEDING IS BEGUN TO APPOINT A GUARDIAN OR CONSERVATOR, OR BOTH, FOR YOU. THE COURT WILL APPOINT YOUR AGENT AS GUARDIAN OR CONSERVATOR, OR BOTH, IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. STRIKE THROUGH AND INITIAL PARAGRAPH 7 IF YOU DO NOT WANT YOUR AGENT TO ACT AS GUARDIAN OR CONSERVATOR,OR BOTH. 7. ( ) Tf a guardian of my person or a conservator for my property,or both,arc to be appointed,I nominate the agent acting under this power of attorney as such guardian or conservator,or both,to serve without bond or security. IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME AND ADDRESS OF ANY SUCCESSOR AGENT IN THE FOLLOWING PARAGRAPH: 8. If any agent named by me shall die,become incapacitated,resign, or refuse to accept the office of agent, 1 name the following each to act alone and successively, in the order named,as successor to such agent: NONE For purposes of this paragraph 8, a person is considered to be incapacitated if and while the person is a minor or a person adjudicated incapacitated or if the person is unable to give prompt and intelligent consideration to business matters,as certified by a licensed physician. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party learns of the revocation.I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed on TkK URp{ (t ,2004. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND,IT MAY BE IN YOUR BEST n INTEREST TO CONSULT A COLORADO LAWYER RATHER THAN SIGN THIS FORM. r 1 ' Wesley B.H � YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS. NOTICE TO AGENTS: BY EXERCISING POWERS UNDER THIS DOCUMENT, TIIE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT UNDER COLORADO LAW. Specimen signatures of agent I certify that the signatures are correct. Carl Hill,agent principal 3 JRN-26-200a(MON) 09: 36 SNOWDPNCE/HIGH DESERT (FAX)970 353 33d8 P. 005/009 STATE OF COLORADO ) )ss. ' COUNTY OF WELD ) This document was acknowledgedbefore me onnn to/win J Co. ,2004,by Wesley B.Hill. My commission expires: ., r.�._t \I. O O.C. Q '1v\r A.. z; 13 8No . F 4 JRN-26-2004(M0N) 09: 37 SN0WDANCE/HIGH DESERT (FRX)970 353 3348 P. 006/009 COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY NOTICE: UNLESS YOU LIMIT THE POWER IN THIS DOCUMENT, THIS DOCUMENT GIVES YOUR AGENT THE POWER TO ACT FOR YOU,WITHOUT YOUR CONSENT,IN ANY WAY THAT YOU COULD ACT FOR YOURSELF. THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE"UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT',PART 13 OF ARTICLE 1 OF TITLE 15, COLORADO REVISED STATUTES,AND PART 6 OF ARTICLE 14 OF TITLE 15, COLORADO REVISED STATUTES. IF YOU I•IAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE.THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY AND AFFAIRS, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL, OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MIDST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THE PROVISIONS OF THIS FORM AND MUST KEEP A RECORD OF REChIPIS, DISBURSEMENTS, AND SIGNIFICANT ACTIONS TAKEN AS AGENT. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS FORM BUT NOT CO-AGENTS. UNTIL YOU REVOKE THIS POWER OF ATTORNEY OR A COURT ACTING ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU MAY BECOME DISABLED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW. • YOU MAY HAVE OTHER RIGHTS OR POWERS UNDER COLORADO LAW NOT SPECIFIED IN THIS FORM. I, Julie A. Hill of 13388 Weld County Road 80, Eaton, CO 80615, appoint Carl Hill whose address is 2815 83"' Avenue, Greeley, CO 80634, as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects: TO GRANT ONE OR MORE OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING,TO WITHHOLD A POWER,DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY,BUT NEED NOT,CROSS OUT EACH POWER WITHHELD. INITIAL 'A (A)Real property transactions(when properly recorded). (13)Tangible personal property transactions. (C) Stock and bond transactions. (D) Commodity and option transactions. (E)Banking and other financial institution transactions. (F)Business operating transactions. (G)Insurance and annuity transactions. (H)Estate,trust,and other beneficiary transactions. JRN-26-2004(M0N) 09: 37 SN0W0RNCE/HIGH DESERT (FAX)970 353 3348 P. 007/009 (I)Claims and litigation. (J)Personal and family maintenance. (K)Benefits from social security,medicare.medicaid,or other governmental programs or military service. (L)Retirement plan transactions. (M)Tax matters. UNLESS YOU DIRECT OTHERWISE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED OR TERMINATED AS SPECIFIED BELOW. STRIKE THROUGH AND WRITE YOUR TNTTIALS TO THE LEFT OF THE FOLLOWING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME DISABLED, INCAPACITATED, OR INCOMPPETENT. 1. ( This power of attorney will continue to be effective even though I become disabled, incapacitated,or inc petent. YOU MAY INCLUDE ADDITIONS TO AND LIMITATIONS ON THE AGENTS POWERS TN THIS POWER OF ATTORNEY IF THEY ARE SPECIFICALLY DESCRIBED BELOW. 2. (— -- )The powers granted above shall not include the following power:er-sha1be-nwdifiedor-limited in th, following manner(hero you may include any-specific-limitations you deem appropriate, stroll as a prohibition of or condition s on the sale of particular stock or real-estateos-speoiel-aisles-regarding borrowing by the agent): otheYO3. ( Mj In addition to the powers granted above,I grant my agent the following powers (here you may add any delegable powers, such as the power to make gifts, exercise powers of appointment, name or change beneficiaries or joint tenants, or revoke or amend any trust specifically referred to below) execute any and all documents which Carl Hill deems necessary or with respect to: (a) the property located in Weld County, Colorado described as Lot B of R.E. 0707-20-2-RE1563 dated June 26, 2003, or (b) the W.B. Farms Estates Minor Subdivision. 4. SPECIAL INSTRUCTIONS. ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS TO YOUR AGENT: YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES INCURRED IN ACTING UNDER THIS POWER OF ATTORNEY. STRIKE THROUGH AND INITIAL THE NEXT SENTENCE IF YOU DO NOT WANT YOUR AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR SERVICES AS AGENT. 5. ( ) My agent is entitled to reasonable compensation for services rendered as agent under this power of attorney. THIS POWER OF ATTORNEY MAY BE AMENDED IN ANY MANNER OR REVOKED BY YOU AT ANY TIME, ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED TN THTS POWER OF ATTORNEY IS EFFECTIVE WREN THIS POWER OF ATTORNEY IS SIGNED AND CONTINUES IN EFFECT UNTIL YOUR DEATH, UNLESS YOU MAKE A LIMITATION ON DURATION BY COMPLETING THE FOLLOWING: 6.This power of attorney terminates on January 10,2006. 2 JRN-26-200d(M0N) 09: 37 5N0WDANCE/HIGH DESERT (FRX)970 353 33d8 P. 008/009 BY RETAINING THE FOLLOWING PARAGRAPH, YOU MAY, BUT ARE NOT REQUIRED TO, NAME YOUR AGENT AS GUARDIAN OF YOUR PERSON OR CONSERVATOR OF YOUR PROPERTY,OR BOTH, IF A COURT PROCEEDING IS BEGUN TO APPOINT A GUARDIAN OR CONSERVATOR, OR BOTH,FOR YOU. THE COURT WILL APPOINT YOUR AGENT AS GUARDIAN OR CONSERVATOR, OR BOTH, IF THE COURT FINDS THAT SUCH APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. STRIKE THROUGH AND INITIAL PARAGRAPH 7 IF YOU DO NOT WANT YOUR AGENT TO ACT AS GUARDIAN OR CONSERVATOR,OR BOTFT. 7. ( ) If a guardian of my person or a conservator for my property,or both,arc to be appointed,T nominate the agent acting under this power of attorney as such guardian or conservator,or both,to serve without bond or security. IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME AND ADDRESS OF ANY SUCCESSOR AGENT IN THE FOLLOWING PARAGRAPI•T: 8. If any agent named by me shall die,become incapacitated,resign,or refuse to accept the office of agent,I name the following each to act alone and successively,in the order named,as successor to such agent: NONE For purposes of this paragraph 8, a person is considered to be incapacitated if and while the person is a minor or a person adjudicated incapacitated or if the person is unable to give prompt and intelligent consideration to business matters,as certified by a licensed physician. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party learns of the revocation.T agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed on CJ P( ,y 'W ,2004. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND,IT MAY BE IN YOUR BEST INTEREST TO CONSULT A COLORADO LAWYER RATTIER THAN SIGN THIS FORM. Ju 'e ill YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST COMPLETE TILE ChRTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS. NOTICE TO AGENTS: BY EXERCISING POWERS UNDER THIS DOCUMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT UNDER COLORADO LAW. Specimen signatures of agent I certify that the signatures arc correct Carl I-lill,agent principal 3 JRN-26-2004(M0N) 09: 37 SNOW0RNCE/HIGH DESERT (FRX)970 353 3348 P. 009/009 STATE OF COLORADO ) )ss. COUNTY OF WELD ) This document was acknowledged before me on I,i, ,, l tp ,2004,by Julie A.Hill. My � ck .,... ,..:.. giros: Q& Zs D0 DS Y JUDY L. 'o RAYBURN 4 BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS MARCH 14, 2004 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, SHERI LOCKMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF COMMISSIONERS HEARING FOR MF-1001 AGRICULTURAL ZONE DISTRICT. SHERI LOCKMAN Name of Person Posting Sign Sign re of Per n P oottin ign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me thisc_,./ day ofn kid? , 200Y. WITNESS my hand and official seal. (iti—P6)4 / Yfr Notary Public My Commission Expires: 19� EXH1= F- 14 • c• t F3 Ltgdsys� 1A, n9_r 444, *Ito*: } 9 y F ter f $ p Y* Hello