HomeMy WebLinkAbout20033581 }
6
141 , DEPARTMENT OF PLANNING SERVICES
RECORDED EXEMPTION
C� ADMINISTRATIVE REVIEW
COLORADO
Applicant: Martin & Peggy Gaines RE-3629 Planner: C. Gathman
Legal Description: SW4 SE4 Section 27, Ti N, R65W of the 6TH P.M., Weld County, CO
Parcel ID #: 1473 27 000066
Lot C Size: Not Applicable Lot B Size: +/-35 acres Lot A Size: +/- 5 acres
Water Source: Individual Wells Sewer System: Septic
Criteria Checklist
Yes No
X 1. Conforms with Chapter 22 of the Weld County Code
and any adopted municipal plan.
X 2. Compatible with the existing surrounding land uses.
X 3. Consistent with the intent of the zone district.
X 4. Consistent with efficient and orderly development.
X 5. Complies with Recorded Exemption standards in
Section 24-8-40 of the Weld County Code.
X 6. Provides for adequate protection of the health, safety, and welfare of the
inhabitants of the neighborhood and the County.
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that the
standards of Section 24-8-40 of the Weld County Code have been met. This Recorded Exemption is
approved with the following conditions in accordance with information submitted in the application and the
policies of Weld County.
1. A Weld County septic permit is required for any proposed home. The septic system shall be installed
according to the Weld County Individual Sewage Disposal System (I.S.D.S.)regulations.
2. The Applicant has proposed a well as the source of adequate water for Lot A. Property owners are
advised that the quantity of water available for usage may be limited to specific uses, i.e., "Domestic
Use Only,"etc. Because each situation is unique, the Department of Planning Services encourages
property owners to contact the Office of the State Engineer, Division of Water Resources (1313
Sherman Street, Room 818, Denver, Colorado 80203. Phone 303-866-3581), to discuss each
individual situation.
02003-3581
-3(P. ,9
• •
3. Prior to recording the plat:
A. The plat shall be titled: Recorded Exemption No. 1473-27-4 RE-3629
B. In accordance with Chapter 8, Article II of the Weld County Code,Lot A shall be granted one
residential/agricultural access. Direct access from a public road shall be limited to one access
per legal parcel for residential use,no circle drives or additional accesses shall be granted.The
road shall be graded and drained to provide all weather access. Accesses shall be placed in
such a location as to have adequate sight distance in both directions,shall not be placed below
the crest of a hill or where physical obstructions are present.
C. Lot B shall use the existing residential / agricultural access points necessary for agricultural
operations as no additional accesses shall be granted.
D. All approved accesses shall be clearly shown on the plat.The applicant shall contact the Weld
County Department of Public Works to determine if a culvert is necessary at any approved road
access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP)is Weld
County's minimum size. If the applicant chooses to place a larger culvert please contact the
Weld County Department of Public Works to adequately size the culvert.
E. County Road 4 is designated on the Road Capital Improvement Plan in the County Wide Impact
Fee Code Ordinance as a local gravel road, which requires 60 feet of right-of-way at full build
out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of County
Road 4 shall be delineated right-of-way on the plat. This road is maintained by Weld County.
F. The applicant shall provide the Weld County Department of Planning Services with a Statement
of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original
parcel.
G. The following notes shall be placed on the plat:
1) All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the
definition of setback in the Weld County Code, the required setback is measured from
the future right-of-way line.
No building or structure as defined and limited to those occupancies listed as Groups A,
B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed
within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead.
Any construction within a 200-foot radius of any tank battery or 150-foot radius of any
wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld
County Code.
2) Any future structures or uses on site must obtain the appropriate zoning and building
permits.
3) Prior to the release of building permits, the applicant shall submit a recorded deed
describing the Lot upon which the building permit is requested with the building permit
applications. The legal description on such deed shall include the Lot designation and
Recorded Exemption number.
4) Prior to the release of building permits, the applicant shall submit evidence to the
Department of Planning Services that Lot A has an adequate water supply of sufficient
quality, quantity and dependability.
• •
5) Potential purchasers should be aware that Lot A may not be eligible for a domestic well
permit which allows for outside irrigation and/or the watering of stock animals. The State
Division of Water Resources issues all well permits.
6) Potential purchasers should be aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment.
The Weld County Department of Public Health and Environment strongly encourages
well users to test their drinking water prior to consumption and periodically there after.
7) Potential purchasers should be aware that approval of this Recorded Exemption does
not guarantee that well permits will be issued for the lots. Any lot may be deemed non-
buildable if the lot owner is unable to obtain a well permit. The State Division of Water
Resources issues all well permits.
8) Should noxious weeds exist on the property or become established as a result of the
proposed development the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code.
9) Effective January 1,2003, Building Permits issued on the proposed lots will be required
to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
10) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive
agricultural counties in the United States,ranking fifth in total market value of agricultural
products sold. The rural areas of Weld County may be open and spacious, but they are
intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with longstanding agricultural practices
and a lower level of services than in town. Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural area:open views,spaciousness,wildlife,
lack of city noise and congestion, and the rural atmosphere and way of life. Without
neighboring farms, those features which attract urban dwellers to rural Weld County
would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area.
Well run agricultural activities will generate off-site impacts,including noise from tractors
and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field
work, harvest, and gravel roads; odor from animal confinement, silage, and manure;
smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers
in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply
be moved out of the way of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production.
Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found
to be a public or private nuisance if the agricultural operation alleged to be a nuisance
employs methods or practices that are commonly or reasonably associated with
agricultural production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and County roads outside of
municipalities. The sheer magnitude of the area to be served stretches available
resources. Law enforcement is based on responses to complaints more than on patrols
of the county and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually
provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads,no matter how often they are bladed,will not provide
the same kind of surface expected from a paved road. Snow removal priorities mean
that roads from subdivisions to arterials may not be cleared for several days after a major
snowstorm. Snow removal for roads within subdivisions are of the lowest priority for
public works or may be the private responsibility of the homeowners. Services in rural
areas,in many cases,will not be equivalent to municipal services. Rural dwellers must,
by necessity, be more self-sufficient than urban dwellers.
Children are exposed to different hazards in the county than in an urban or suburban
setting. Farm equipment and oil field equipment, ponds and irrigation ditches,electrical
power for pumps and center pivot operations, high speed traffic, sand burs, puncture
vines, territorial farm dogs, and livestock present real threats to children. Controlling
children's activities is important,not only for their safety, but also for the protection of the
farmer's livelihood. Parents are responsible for their children.
4. The applicant shall submit two(2)paper copies of the plat for preliminary approval to the Weld County
Department of Planning Services.Upon approval of the paper copies the applicanfshall submit a Mylar
plat along with all other documentation required as conditions of approval. The Mylar plat shall be
recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'
Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld
County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from
the date the Administrative Review was signed. The applicant shall be responsible for paying the
recording fee.
5. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this
Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00.
The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be
sent to mapsco.weld.co.us.
6. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application
is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to
meet any one of these conditions within 60 days of approval, then this case will be forwarded to the
Weld County Board of County Commissioners with a staff recommendation for denial.
By Date August 29, 2003
Chris Gathman AICP ❖ Planner II
• •
0 WELD COUNTY,COLORADO S
EPARTMENT OF PLANNING SERVICE
1555 N.17TH AVENUE
GREELEY,CO 80631
PHONE(970)353-6100,EXT.3540-FAX(970)304-6498
DATE: 7 ` 20 RECEIPT
09695
RECEIVED FROM:
NO.
TYPE FEES
V 4221-R.ELSE 74.
_
-1i10
4221 -ZPMH
4221 -USR
4221 -SITE PLAN REVIEW ■
4221 -COZ
4221 -PUD
4221 -SUBDIVISION
4221 -BOA
4221 F HDPIGHDP _
4430-MAPS/PUBLICATIONS
4430-POSTAGE
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
MISC.
I‘)
TOTAL
- � TOTAL
CASH CHECK; NO: ���'i6'
i L
BY: / I
WHITE-CUSTOMER CANARY-FINANCE PINK-FILE
WELD C " TY, COLORADO
DEPARTMENTWPLANNING SERVICES
1555 N. 17TH AVENUE
GREELEY,CO 80631
PHONE(970)353-6100,EXT.3540-FAX(970) 304-6498
DATE: a( .'` I (f' 20, tip) RECEIPT I u i..2 2
RECEIVED FROM: ₹ t,
NO. TYPE FEES
4221 -RE/SE
E I
4221 -ZPMH
4221 -USR
4221 -SITE PLAN REVIEW
4221 -COZ
4221 -PUD
4221 -SUBDIVISION
f I
4221 -BOA
4221 -FHDP/GHDP
4430-MAPS/PUBLICATIONS
4430-POSTAGE
4430-COPIES
Ft 4730-INVESTIGATION FEE
6560-RECORDING FEE •
MISC.
•
dCASH O CHECK NO: TOTAL
BY: , 0O Y,,-;-,,CL
r(A_
o'- tam zt ss,
�,�,�i J rah P \U,\S- r)
GA ItQES = 5/ 3/9
-F)
ou o S L O
/ ,JoP.L � 5ECT O Zji
Qt 1ac SZ Tb •x;51-/
)71£12. (,4 i LO , /(Jt EztATED
cxzkeEziw au; ,
• 0
DEPARTMENT OF PLANNING SERVICES
1555 N. 17`h AVENUE
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman @co.weld.co.us
O PHONE (970) 353-6100, EXT. 3540
FAX (970) 304-6498
•
COLORADO
August 27, 2003
Martin & Peggy Gaines
21649 County Road 4
Hudson, CO 80642
Subject: Recorded Exemption (RE-3629)
Dear Mr. & Mrs. Gaines:
The Department of Planning Services' has reviewed your application and related materials for compliancy
with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the
Code and it has been conditionally approved by staff. We have enclosed our comments for your case.
If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar,
please submit two (2) paper copies of your plat for review by the Department of Planning Services' staff.
Upon approval of the paper copies please submit a Mylar plat along with all other documentation required
as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the
requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements
shall be submitted within sixty(60)days after the date the Administrative Review was signed or after the
date of the Board of County Commissioners resolution. There is a ten (10) dollar recording fee per Mylar
sheet that you will be responsible for paying to record the plat.
If you need any further information, please feel free to contact me at the above address, telephone
number or e-mail address.
Sincerely,
c\ Jett--
At
Chris Gathman
Planner II -AICP
a DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue'
Pl4fi
Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540
Fax(970) 304-6498
COLORADO
July 22, 2003
Marty Gaines
21649CR4
Hudson CO 80642
Subject: RE-3629 A Recorded Exemption located on a parcel of land described as SW4 SE4 Section 27,
T1 N, R65W of the 6th P.M., Weld County, Colorado.
Dear Applicant:
Your recorded exemption application is being processed. If it is determined that the application meets the
approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is
approved. If the staff determines that the application does not meet the approval criteria or if staff has
concerns with the application, staff may elect to forward the application for review to the Board of County
Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a
public hearing. You will be informed of the hearing date prior to the hearing. The Board of County
Commissioners will then consider your application and make a final decision on the recorded exemption.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three
miles of the property in question or if the property under consideration is located within the comprehensive
planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials
to the Lochbuie Planning Commission for their review and comments. It is recommended that you and/or a
representative be in attendance at the Lochbuie Planning Commission meeting to answer any questions the
Commission members may have with respect to your application. Please call Lochbuie at (303) 655-9308,
for further details regarding the date, time, and place of this meeting.
If you have any questions concerning this matter, please call me.
Sincerely,"
y.44,2(1
LG�ti^�
Chris Gathman
Planner
I i
Please find enclosed all required forms and information pertaining to requested
recorded exemption. I would like to explain the need for us to pursue this action at this
time. We currently are attempting to provide higher education for both of our to sons.
One of our boys is of special needs and mildly retarded. The cost we are incurring to
realize this has been more than anticipated. My wife is also loosing her longtime
employment with Hamilton Sundstrand and will be hopefully starting her carrier over
again somewhere else in the near future. We are hoping this action will help ease the
burden we now face.
Thank you
Marty Gaines
f ,
ilp iP
FIELD CHECK Inspection Date: v ( `Z' `, "3
CASE NUMBER: OE 3 ( 1 q
APPLICANT: /v( 6-A--,...)t-,
,5
LEGAL DESCRIPTION: 5L--,) &1 Sc`( 2- 4
LOCATION: /u L. . C► - 4 r 1(3
Zoning Land Use
N A (Agricultural) N Agricultural
E A (Agricultural) E Agricultural
S A (Agricultural) S Agricultural
W A (Agricultural) W Agricultural
COMMENTS:
n
.,,A� ins f„� , -
Jacqueline Hatch, Planner
APPLICATION FLOW SHEET
COLORADO
APPLICANT: Marty Gaines CASE #: RE-3629
REQUEST: Recorded Exemption for 2 lots
LEGAL: SW4 SE4 27-1-65
LOCATION: Northeast Corner (NEC) CR 4 and CR 43
PARCEL #: 1473-27-0-00-066 ACRES: 39.09
Date
By
Application Received 7-17-03 BM
Application Completed 7-17-03 CG
Referrals listed 7-22-03 VM
Design Review Meeting(PUD)
File assembled 1 .Z)-k p? ID
Letter to applicant mailed -7 . z4,• 0-3
Referrals mailed 7 , Z-4 0-3
Chaindexed
Vicinity map prepared
DPS Staff Field Check �' ( Ito?, JI-k
Air photo and maps prepared
IAdministrative Review/Staff Decision :• k r u�
Recorded on maps and filed / G�
Surrounding property owners notified
Misc
PC Hearing Date(if applicable), Action:
PC Sign Posting Deadline: ❑ Posted
BCC Hearing Date(if applicable),Action:
BCC Sign Posting Deadline: ❑ Posted
Resolution Received/Filed
Zone/USDA Class AG Contact:
Overlay Districts: NO Airport? Geo? Flood? Pc: Panel#
Road Impact Fee Area?: (SW Weld-#1_,#2_,#3_,#4 X Windsor ) MUD?NO IGA?NO
0 I
RECORDED EXEMPTION (RE) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number in n n 3 —n n— n —n n- n 61 6
(12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us).
Legal Description ,5.W. �c( ,.5 //y•• , Section,)?Township / North, RangeoZ/Vest
Has the property been divided from or had divided from it any other property since August 30, 1972? Yes_No
Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes No
FEE OWNER(S) OF THE PROPERTY:
Name: RIP-t-f I.A. in 01,4 pCC1 c / (x2(IV s
Work Phone#,3p3'fr-2,/U Home Phone# 6;3-‘ '. 6-6wYEmail Address A44 "1476-5 ; �$O 4(Cii
Address: ,.)/ (,./ CAI' E 4e
City/State/Zip Code /4/radOvt gC). 8t 6 c/cL
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany all applications signed by Authorized Agent)
Name: /14.14-Lik /0 G-4-1 Xi
Work Phone#30.3- 39't-77 0 Home Phone#trb:?-rS-716-0...ST FEmail Address Al-I.1 i oU cs 46//i ,v i 3
Address: J/(p /Q (LJ lac,/
City/State/Zip Code //cJc_ad do, �1G c7,
Smaller Parcel (Lot ik ) Larger Parcel (Lot 1 ) Other Parcel (Lot )
(3-Lot RE/SE only)
Water Source iljc A O 006/7/
Type of Sewer )
/r��s��� ts•eidai C✓ ,.,: fat c
Proposed Use Rkb,c0eu- ,uL/A.r,iiolkeG( VC
Acreage
Existing Dwellings? Yes oro (Circle one- if `des,?or No (Circle one - if Yes or No (Circle one - if
4) Yes, list address below ) Yes, list address below) Yes, list address below )
> � J 3 cue a�G�� .. r e,�,s-b.tj)
D If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For
example,if a well and septic is proposed state:proposed well,proposed septic.
I (We)request that the following described property be designated a Recorded Exemption by the Weld County Board
of County Commissioners. I (We)hereby depose and state under penalties of perjury that all statements, proposals,
and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge.
Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of
authorization from all fee owners must be included with the application. If a corporation is t e fee owner, notarized
evidence must b/�. ded showing the signatory has to legal authori sign for the cor ration.
Signature: Owner or Authorized Agent Date Signature: (/ r or Authorized Agent Date
U -4-
RECORDED EXEMPTION QUESTIONNAIRE RESPONSES.
FOR MARTIN AND PEGGY GAINES
1. We do not plan to develop this proposed property and there is to be no irrigation
water provided.
Included in packet please find domestic well information form Ryan drilling for
existing water supply.
2. We would expect to see a septic system implemented if future buyer was to build.
This is currently in dry land pasture. Existing septic information is provided in
packet.
3. There are no improvements on the property being submitted for separation. Dry
land pasture only at this time.
4. This proposed 5 acre piece is to be a square piece with the southern boundary
adjacent to WCR#4. We are creating this for single family dwelling site.
5. There are no unique characteristics to this site.
6. No building envelopes requested.
7. There is no use by special review on this property.
4111c)
Report Date: '0/06/2003 08:21AM WELD COUNTY TREASURER Page: 1
P 9
STATEMENT OF TAXES DUE
SCHEDULE NO: R0137092
ASSESSED TO:
GAINES MARTIN D & PEGGY D
21649 WCR 4
HUDSON, CO 80642
. ._ -LEGAL DESCRIPTION:
10848-E SW4SE4 27 1 65 %21649 WCR 4 - HUDSON% SITUS: 21649 4 CR WELD 00000
PARCEL: 147327000066 SITUS ADD: 21649 4 CR WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2002 TAX 1,594.40 0.00 0.00 1,594.40 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 10/06/2003 0.00
ORIGINAL TAX BILLING FOR 2002 TAX DISTRICT 2498-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 20.056 441.45 AGRICULTUR 1,171 340
SCHOOL DIST RE3J 39.500 869.40 AGRICULTUR 12,315 3,570
HUDSON FIRE 3.318 73.03 AGRICULTUR 197,825 18,100
AIMS JUNIOR COL 6.316 139.01
WELD LIBRARY 3.249 71.51 TOTAL 211,311 22,010
TAXES FOR 2002 72.439 1,594.40
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
P.O. Box 458
Greeley, CO 80632
(970) 353-3845 ext. 3290
udtsk...
-tz) Ptc04 .,
o c/o es...A.
•Impr Now
ACCOUNT# R0137092 REAL ESTATE PROPERTY TAX NOTICIO WELD COUNTY TREASURER
PARCEL# 147327000066 2002 TAXES DUE IN 2003 ;7.f
P.O.BOX 458
TAX DISTRICT 2498 Wi �c.
122621 GREELEY,CO 80632-0458 COLORADO
TAX AUTHORITY TAX LEVY TEMP TAX CREDIT GENERAL TAX VALUATION ACTUAL ASSESSED
WELD COUNTY 20.056 441.44 LAND 1,171 340
WELD LIBRARY 3.249 71.51 IMPROVEMENTS 210,140 21,670
SCHOOL DIST RE3J 39.500 869.40 TOTAL 211,311 22,010
HUDSON FIRE 3.538 0.220 73.03
AIMS JUNIOR COL 6.316 139.02
TOTAL NET LEVY-->72.439 1,594.40
GRAND TOTAL 1,594.40
MESSAGES
Citizens who are 65 as of January I,2003 and who have
owned and occupied their homes as their primary residence
for 10 years may be eligible for the Senior Property Tax
Exemption. Please contact the Assessor's Office at
(970)353-3845 to request an application.
Individuals currently receiving the exemption do not need
to apply.
SB 25-In absence of State Legislative Funding,
your School General Fund,;,_'t levy wtuba have hoen 51.418
LEGAL DESCRIPTION OF PROPERTY Unpaid prior year taxes:
10848-E SW4SE4 27 1 65%21649 WCR 4 -HUDSON%SITUS:21649 4 CR WELD 00000
Contact Treasurer's Office immediately if a number appears above.
PAYMENT DUE DATE AMOUNT
FIRST HALF FEB 28,2003 797.20
SECOND HALF JUN 16,2003 797.20
FULL PAYMENT APR 30,2003 1,594.40
PROPERTY LOCATION:21649 4 CR WELD 00000
J
Make Checks Payable To:
GAINES MARTIN D&PEGGY D1497\1.
WELD COUNTY TREASURER
21649 WCR 4 � POST DATED CHECKS ARE NOT ACCEPTED
If you have sold this property,please forward this statement to
HUDSON,CO 80642 the new owner or return to this office marked"property sold:'
THE TREASURER'S OFFICE IS REQUIRED BY LAW TO SEND
THE TAX NOTICE TO THE OWNER OF RECORD. IF YOUR
TAXES ARE PAID BY A MORTGAGE COMPANY KEEP THIS
NOTICE FOR YOUR RECORD.
RETAIN FOP PORTION FOR YOUR RECORDS
County Treasurer is not responsible for erroneous payments.If in Un•aid •rior ear taxes:
doubt please check with your mortgage holder to determine who is to 2002 TAXES DUE IN 2003
make the tax payment Failure to do so could result in delayed pro-
cessing of your account. Contact Treasurer's Office immediately if a number appears above.
Your cancelled check is RETURN THIS COUPON FOR SECOND HALF PAYMENTS DUE BY JUNE 16
your best receipt and saves
you tacox doy a ds eo obtain a 2nd Half Coupon 2
receipt.you must return
this copy and check here_
Return this coupon with payment to: ACCOUNT NUM=E
1111111 III 11111 VIII VIII VIII 11111 VIII IIII VIII IIII WELD COUNTY TREASURER
GREELEY,CO 80632-0458 R0 137092
ADDRESS CORRECTION. See return envelope back flap.
PROPERTY GAINES MARTIN D&PEGGY D
OWNER
OF 21649 WCR 4 SECOND HALF DUE BY JUN 16,2003 797.20
RECORD
HUDSON,CO 80642
PAID BY
county Treasurer is not responsible for erroneon.<payments If in Unpaid prior year taxes:
doubt please check with your mortgage holder to deter mine who is to 2002 TAXES DUE IN 2003
make the tax payment.Failure to do so could result in delayed pro-
cessing of your account. Contact Treasurer's Office immediately if a number appears above.
Your cancelled check is RETURN THIS COUPON WITH FIRST HALF OR FULL PAYMENTS
your best receipt and saves
pan tax do'ar .t> Mina
.cerpt you most r burn KiiIl Payment or 1st Half Coupon > 1
thus popy and cher ir dere_
Return this coupon with payment to: ACCOUNT NUMBER
111101111111110111 IIII)VIII VIII VIII°MEI IIII WELD COUNTY TREASURER
GREELEY,CO 80632-0458 R0137092
ADDRESS CORRECTION. See return envelope back flap. FIRST HALF DUE BY FEB 28,2003 D 797.20
PROPERTY GAINES MARTIN D&PEGGY D
OWNER FULL AMOUNT DUE BY APR 30,2003 � 1,594.40
OF 21649 WCR 4
RECORD
HUDSON,CO 80642
PAID BY
r
• REFERRAL LIST
•
NAME: Marty Gaines CASE NUMBER: RE-3629
REFERRALS SENT: July 22, 2003 REFERRALS TO BE RECEIVED BY: August 20, 2003
COUNTY TOWNS and CITIES
Attorney Ault
_X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
Sheriffs Office Eaton
_X Public Works Erie
Housing Authority Evans
Airport Authority Firestone
_X Building Inspection Fort Lupton
_X_Code Enforcement Frederick
STATE Garden City
Division of Water Resources Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
Oil and Gas Conservation Commission Kersey
Division of Wildlife: LaSalle
_X Loveland _X_Lochbuie
Greeley Longmont
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
X Hudson F-7 Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES
Milliken F-11 Adams
Nunn F-12 Boulder
Pawnee F-22 Larimer
Platteville F-13
Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Union Colony F-20 SOIL CONSERVATION DISTRICTS
Brighton
OTHER Fort Collins
_X_School District RE-3 Greeley
Ditch Company Longmont
X_West Adams
REFERRAL LIST .
, •
NAME: Marty Gaines CASE#: RE-3629
COUNTY TOWNS and CITIES
Attorney / Ault Legal_SW4 SE4 27-1-65
Health Department i Berthoud
Extension Service Brighton Parcel ID# 1473-27-0-00-066
Emergency Management Office Broomfield
Sheriff's Office / Dacono Zone_AG Acres?_39.09_
X Public Works✓ Eaton
Housing Authority Erie USDA
Airport Authority Evans
)( Building Inspectio Firestone Airport )
X Code Compliance Fort Lupton A �
Ambulance Frederick Geo Haz (C
STATE -_ Garden City
Division of Water Resources Gilcrest FP? Panel#
Geological Survey Greeley �
Department of Health I Grover Road Impact Fee Area? ` `
Department of Transportation Hudson (SW#1 , #2 ,#3 , Windsor )
Historical Society Johnstown
Water Conservation Board Keenesburg IGA? (X ORD#
Oil and Gas Conservation Commission Kersey ��,
Division of Wildlife:' l LaSalle MUD? I�
X South of Hwy 66 (Loveland)L.. X Lochbuie '✓
North of Hwy 66 (Greeley) Longmont Commissioner:
Division of Minerals/Geology Mead
FIRE DISTRICTS Milliken
Ault F-1 New Raymer
Berthoud F-2 Northglenn
Briggsdale F-24 Nunn
Brighton F-3 Pierce
Eaton F-4 Platteville
Fort Lupton F-5 Severance
Galeton F-6 Thornton
‘' .[
A Hudson F-7 '✓ Windsor
Johnstown F-8
La Salle F-9
Mountain View F-10 COUNTIES �I
Milliken F-11 Adams
Nunn F-12 Boulder r�
Pawnee F-22 Larimer r
Platteville F-13
C.
Platte Valley F-14 , FEDERAL GOVERNMENT/ U'
AGENCIES.
Poudre Valley F-15 US Army Corps of Engineers
Raymer F-2 USDA-APHIS Veterinary Service
Southeast Weld F-16 Federal Aviation Administration
Windsor/Severance F-17 Federal Communication Commission
Wiggins F-18
Western Hills F-20 SOIL CONSERVATION DISTRICTS
Frederick/Firestone F-21 West Greeley
Union Colony South East Weld
Fort Collins
5 OTHER Platte Valley
9 Ditch Company, Longmont
School District RE- :_2) ✓ Big Thompson
Ginny Shaw(MUD) ?( West Adams
6 • M
JUL 252003
1 'vOELD
PUZLIC V1'OP.''fS DEPT
o Weld County Referral
COLORADO July 22, 2003
The Weld County Department of Planning Services has received the following item for review:
Applicant Marty Gaines Case Number RE-3629
Please Reply By August 20, 2003 Planner Chris Gathman
Project Two Lot Recorded Exemption
ttz
Legal SW4 SE4 Section 27, Ti N, R65W of the 6th P.M., Weld County, Colorado.
Location Northeast corner of CR 4 & CR 43. For a more precise location, see legal.
Parcel Number 1473 27 000066
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature ' (.,6'1`-
Agency t,t,(,l-�� � Date
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO. 80631 +(970)353-6100 ext.3540 ❖(970)304-6498 fax
w
Weld County Planning Department
MEMORANDUM GREEL.EY OFFICE
AUG 2 7 2003
EiVED
TO: Chris Gathman, Planner II DATE: 8
tFROM: Donald Carroll, Engineering Administrator >M
C
SUBJECT: RE-3629, Marty Gaines
COLORADO
The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are
as follows:
COMMENTS:
WCR 4 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance,
Section 20-1-30, as a local gravel road, which requires a 60-foot right-of-way at full build out. There is
presently a 60-foot right-of-way. The road is maintained by Weld County. Pursuant to the definition of
SETBACK in the weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback measured
from the future right-of-way line.
WCR 43 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code
Ordinance, Section 20-1-30, as a section line. The road is NOT maintained by Weld County. Pursuant to the
definition of SETBACK in the weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback
measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
The access shall be placed in such a location to have adequate sight distance in both directions and not below
the crest of a hill or where physical obstructions are present. (Lot A)
The applicant shall utilize the existing residential accesses to this parcel. (Lot B)
If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If
the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size
your culvert. (Lot A)
Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No
circle drives will be allowed. In accordance with Chapter 8, Article II of the Weld County Code, this policy shall
apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within
municipalities or other counties that access Weld County roads are also subject to this policy. (Lot A)
Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural
operation. (Lot B)
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or
a result of the proposed development, the applicant/landowner shall be responsible for
become established as pp P
P p p
controlling the noxious weeds.
RE-3629 M:\PLANNING\RE-8.DOC
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Road File#: Date: `)-1
RE# : d(D, '11
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497
1. Applicant Name /44N-Z 0 (NCS Phone 30,3 -(5-76
Address c3/ 9 4/C 4. ( City /,1(J i__ State Zip_n2a
2. Address or Location of Access
Section d ? Townshi / Ai Range 1a.S- ) Subdivision Block Lot
Weld County Road#: 9 Side of Road JO Distance from nearest intersection__;&B;
3. Is there an existing access to the property? Yes No #of Accesses , =
4. Proposed Use:
❑ Permanent .2 Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential L_
O&G = Oil& Gas
D.R. = Ditch Road
= House
= Shed
N
***********************************************
OFFICE USE ONLY:
Road / ADT C
Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
-7-
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Road File#: Date:
RE# :
Other Case#: Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497
1. Applicant Name /41 -;, 0 G4I W Cs Phone 3c3 -S-16-c ( jr
Address 3 � '? t4/!h, C� City /,SUCI f►• State (D Zip_ a
2. Address or Location of Access
Section a Townshi �/ _A! Range Lv Subdivision Block Lot
Weld County Road#: 9 Side of Road A) Distance from nearest intersection 3/r/01,C
3. Is there an existing access to the property? Yes No / #of Accesses
4. Proposed Use:
❑ Permanent .Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential
O&G = Oil &Gas
D.R. = Ditch Road
O = House
= Shed
N
***********************************************
OFOr6E USE ONLY:
Road ADT
Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
-7-
•
Memorandum
TO: , W.C. Planning, Chris Gathman
DATE: August 15, 2003
•
COLORADO FROM: Deborah Blandin, H Services
CASE: RE- 3629
APPLICANT: Marty Gaines
Environmental Health Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. A Weld County Septic Permit is required for the proposed home septic system(s)
and shall be installed according to the Weld County Individual Sewage Disposal
Regulations.
Additionally, please note the following:
1) This application is proposing a well(s) as its source of water. The applicant
should be made aware that while they may be able to obtain a well permit from
the Office of the State Engineer, Division of Water Resources, the quantity of
water available for usage may be limited to specific uses, i.e. domestic use only,
etc. Also, the applicant should be made aware that groundwater may not meet all
drinking water standards as defined by the Colorado Department of Public Health
and Environment. We strongly encourage the applicant to test their drinking
water prior to consumption and periodically test it over time.
M:\ENVIRONMENTAL HEALTH SERVICES\PLANNING\RE-3629.rtf
- #0 tr:' .1i''
0
wiik Weld County
Referral
COLORADO July 22, 2003
The Weld County Department of Planning Services has received the following item for review:
Applicant Marty Gaines Case Number RE-3629 I
Please Reply By August 20, 2003 Planner Chris Gathman 1
Project Two Lot Recorded Exemption
Legal SW4 SE4 Section 27, Ti N, R65W of the 6th P.M., Weld County, Colorado. I
Location Northeast corner of CR 4 & CR 43. For a more precise location, see legal. I
Parcel Number 1473 27 000066
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ e have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature p
014.4.10x,Agency . al 17. 2O03
�'^�� Date
+Weld County Planning Dept. :•1555 N. 17th Ave. Greeley,CO. 80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
jfi( a DEPARTMENT OF BUILDING INSPECTION
Weld County Administrative Offices
1555 N. 17th Avenue, Greeley, CO 80631
WEBSITE: www.co.weld.co.us
Phone (970) 353-6100, Ext. 3540
Fax (970) 304-6498
•
COLORADO
August 19, 2003
Marty Gaines
Two Lot Recorded Exemption
RE-3629
There are no active or historical building permits on record for this name, address or parcel.
1. Building permits shall be obtained prior to the construction of any building. Buildings that
meet the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and
Section 29-3-20 B.13 do not need building permits, however a Certificate of Compliance must
be filed with the Planning Department and an electrical and/or plumbing permit is required for
any electrical service to the building or water for watering or washing of livestock or poultry.
2. A plan review is required for each building except for buildings that meet the definition of Ag
Exempt buildings. Plans shall bear the wet stamp of a Colorado registered architect or
engineer. Two complete sets of plans are required when applying for each permit.
3. Buildings shall conform to the requirements of the codes adopted by Weld County at the
time of permit application. Current adopted codes include the 1997 Uniform Building Code;
1998 International Mechanical Code; 1997 International Plumbing Code; 2002 National
Electrical Code and Chapter 29 of the Weld County Code.
4. Each building will require an engineered foundation based on a site-specific
geotechnical report or an open hole inspection performed by a Colorado registered engineer.
Engineered foundations shall be designed by a Colorado registered engineer.
5. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and
opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of
buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and
Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance.
6. Building height shall be measured in accordance with the 1997 Uniform Building Code for
the purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 27 of the
Weld County Code. Building height shall be measured in accordance with Chapter 23 of the
Weld County Code in order to determine compliance with offset and setback requirements.
Offset and setback requirements are measured to the farthest projection from the building.
Service,Teamwork, Integrity,Quality
Page 2 • •
7. A Flood Hazard Development Plan shall be submitted for buildings constructed within the
100-year flood plain.
Please contact me for any further information regarding this project.
Sincerely,
<74/404...;j
Jeff Reif
Building Official
Service,Teamwork, Integrity,Quality
WI
Weld County Referral
•
COLORADO July 22, 2003
The Weld County Department of Planning Services has received the following item for review:
Applicant Marty Gaines Case Number RE-3629
Please Reply By August 20, 2003 Planner Chris Gathman
Project Two Lot Recorded Exemption
Legal SW4 SE4 Section 27, Ti N, R65W of the 6th P.M., Weld County, Colorado.
Location Northeast corner of CR 4 & CR 43. For a more precise location, see legal.
Parcel Number 1473 27 000066
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
IA We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Grb Cv u C-AtNL .QVM a (,C 1-4-Q
�1 C 1 t nel-c
Signature 77
Agency • - �1 y C t7-r N Date
+Weld County Planning Dept. :1555 N. 17th Ave. Greeley, CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
it_6
• •
pf
WI'Dc Weld County Referral
COLORADO July 22, 2003
The Weld County Department of Planning Services has received the following item for review:
Applicant Marty Gaines Case Number RE-3629
Please Reply By August 20, 2003 Planner Chris Gathman
Project Two Lot Recorded Exemption
Legal SW4 SE4 Section 27, Ti N, R65W of the 6th P.M., Weld County, Colorado.
Location Northeast corner of CR 4 & CR 43. For a more precise location, see legal.
Parcel Number 1473 27 000066
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature 8 - /S -Q �3
Agency LA) e_ / ot R-e_ — 3 C Date
.•Weld County Planning Dept. +1555 N. 17th Ave.Greeley, CO. 80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax
• •
Weld County School District Re-3(J)/95 West Broadway/P0.Box 269/Keenesburg,CO 80643
Tel:(303)536-2000/Fax:(303)536-2010 WELD
August 15, 2003
Weld County Planning Department
Mr. Chris Gathman, County Planner CRFEI t; r;'CF
Weld County Department of Planning Services AUG G
1555 North 17th Avenue
Greeley, CO 80631 RE tor-
Case Number: RE-3629
Dear Mr. Gathman:
This project provides for a recorded exemption within the rural area of Weld County
School District Re-3J. Although recorded exemptions, individually, represent a small
increment of the total housing stock, the cumulative effect of several such approvals is
exerting a considerable negative effect upon the school district's ability to provide adequate
educational opportunities for the resulting students. Additionally, the substantial separation
of these units from other more densely populated areas increases school transportation
costs, further eroding the amount of funds that can be applied in the classroom toward
educating the students. The school district's Board of Education is opposed to approval of
additional new housing without adequate mitigation of both land and facility costs.
However, in the event that the County Commissioners decide to approve this application,
Weld County School District Re-3J respectfully requests that these exemptions be required
to mitigate the costs of providing land for school sites as well as capital construction costs
for the necessary educational structures, as explained below.
Site Issues
Based upon the district's school capacities and site size standards, the proposed exemption
would generate the need for less than one acre of land; the cash equivalent would
approximate $1,287 per single-family housing unit (see Table 1). If approved, it is
requested that this amount be paid to the school district as a cash-in-lieu of land dedication
for each new unit allowed.
Facility and Fiscal Capacity Issues
Capacities and enrollments of district schools are:
Student Enrollment Available Seats
School Capacity (10/1/02) (Short)
Hoff Elementary 480 345 135
Hudson Elementary 480 360 120
Lochbuie Elementary 480 343 137
Weld Central Jr/Sr High 640 751 (111)
• O
Weld Central enrollment already exceeds the buildings' capacity (excess enrollment is
being served in temporary facilities) and the three elementary schools will be unable to
serve all of the students who will enter them from already approved residential projects.
Further, statutory limitations on the School District's bonding capacity will not permit the
district to add the space that will be required to adequately serve anticipated enrollment.
Net bonding capacity available approximates $8.8 million, which is less than necessary to
provide adequate space for existing students and those that will be generated by already
approved residential projects. Unless school construction is enabled by some additional
mechanism(s), certain interim capacity enhancing measures will be required above and
beyond our current practice of adding portable classrooms. Many of these mechanisms are
not well accepted by the district or our mutual constituents.
As illustrated in Table 1A, the gross cost to provide facilities to serve single-family homes
is about $9,104 per unit. After deducting for future taxes that will be paid to the district for
current bond redemption payments, the net unmet cost per unit will approximate $5,763 per
unit. It is requested that this per unit sum be paid by the applicant to mitigate the excess
facility costs attributable to these housing units. Payment at building permit or certificate
of occupancy would be acceptable to the School District.
Recommendations
The Board of Education remains very concerned about the recent trend toward accelerated
residential activity throughout the district and the ensuing enrollment that will follow, as
well as the district's physical and financial ability to serve that growth. Approval of
additional residential development without a ready and identified means of providing
appropriate infrastructure would not demonstrate good stewardship of the public trust.
As stated previously, cash-in-lieu of land of$1,287 and unmet capital costs of$5,763 are
requested for each single-family housing unit. Without such mitigation, the district will
recommend that the application be denied.
The Weld County School District Re-3J Board of Education appreciates the opportunity to
comment upon issues of interest to both the County and the School District. Please contact
me at 303-536-2000 if you desire further information about this letter.
Sincerely,
(1/4D54.,
Marvin Wade, Ed.D.
Superintendent of Schools
Weld County School District Re-3J
2
Table 1. Single Family - Detached -- School District Enrollment and Site Implications
Current Schools Implications
A. Student Generation Estimates
Number ELEMENTARY MIDDLE SENIOR HIGH
Density of Student Student Student
(Units per Dwelling Generation Number of Generation Number of Generation Number of Total
Residential Densities Acre) Units Rate* Students Rate* Students Rate* Students Students
• Up to 5.5 DU/AC 5.5 100 0.360 36 0.110 11 0.175 18 65 0
10.0 - 0.190 - 0.060 - 0.120 - -
20.0 - 0.070 - 0.030 - 0.050 - -
100 36 11 18 65
B. Facilities Requirements
Proportionate
Facility Project
Students Site Size Capacity Acreage Cash-in-Lieu Cash-
(From Facility Standards Required by Required by Land Cost Amount to -in-Lieu
School Type Part A) Capacity (in Acres) the Project the Project Per Acre Request Per Unit
III Elementary 36 480 10.00 0.08 0.75 $ 40,000 $ 30,000 $ 300 Ilk
Middle 11 213 20.00 0.05 1.03 40,000 41,250 $ 413
Senior High 18 427 35.00 0.04 1.44 40,000 57,422 $ 574
Total 65 3.22 $ 128,672 $ 1,287
*: Single family home student generation rates determined from housing data provided by County Assessor records and enrollment over the past ten years.
i Multifamily student generation rates are based upon SRW experience in other areas.
Notes: Totals may not add because of rounding.
Strategic Resources West, Inc. 8/27/2003
• •
Table IA. Land Use Impact Statement -- District Capital Cost Implications
Current Schools Implications
C. Facility Costs Attributable to the Project
School Type
Elementary Middle Senior High Total
1. Proportionate facility capacity required
(from Part B) 0.08 0.05 0.04
2. Size of prototype facilities
a.Average square feet per student 118 117 117
b. Prototype facility size (in Sq. Ft.) 56,800 24,902 49,804
3. Facility space required by the project
(Item Cl x Item C2--in Sq. Ft.) 4,260 1,284 2,043
4. Current average construction cost
(per Sq. Ft.)* $ 105.00 $ 130.00 $ 145.00
5. Construction cost outlay required by the
project(Item C3 x Item C4) $ 447,300 $ 166,923 $ 296,200 $ 910,422
6. Furniture,fixtures and equipment
(10%of C5)
7. Gross infrastructure cost per unit
(Items C5 + C6 /Total Units) $ 4,473 $ 1,669 $ 2,962 $ 9,104
D. Contributions and Credits
1. Net present value of future tax payments
a. Average market value of homes $ 170,000
b. Residential assessment rate (as of 1/02) 9.15%
c. Average assessed value (Dla x Dlb) $ 15,555
d. Bond redemption fund levy (mills) 17.75
e. Annual tax payment (Dlc x Did) $ 276.10
f. Net present value of Die; assumes
22 years&5.35%interest rate $ 3,341
2. Other contributions and credits** Acres Value/Acre Total Value Value/Unit
a. Excess land dedication 61.18 $ - $ - $ -
3. Total contributions and credits
(Item D1 + Item D2) $ 3,341
E. Net unmet school capital costs per unit
1. Item C6 minus Item D3 $ 5,763
*: Construction cost per square foot estimates from John Quest,August 2002;cost per square foot excludes furniture,fixtures
&equipment. Assumes Jr/Sr High space is evenly allocated between the two schools.
**: Discount rate applied for net present value calculation is that paid by School District Re-3J on its current
bonded debt provided by Steve Bell,August 5,2002.
Strategic Resources West, Inc. 8/27/2003
Sep 07 03 06: 23p Division of Wildlife 3076-6663 p. 12
o Weld County Referral
COLORADO July 22, 2003
The Weld County Department of Planning Services has received the following item for review:
Applicant Marty Gaines Case Number RE-3629
Please Reply By August 20, 2003 Planner Chris Gathman
Project Two Lot Recorded Exemption
Legal SW4 SE4 Section 27, T1 N, R65W of the 6th P.M., Weld County,
Colorado.
Location Northeast corner of CR 4 & CR 43. For a more precise location, see legal.
Parcel Number 1473 27 000066
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
❑{ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
ya We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
•
Signature 7//
07 acr,7- e-z.?
Agency /Dvv Lri/ ✓J�//%l Date i- 9Xs9
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
I _
i
O
a
Li
V)
o
O .
F-4-)1
i , , , Ak_
-1' 3
T _ _ ____
- ._,
o � :
V c\
W v
0
\1
I Ig YM.III IM I I III IMINI IIII IIII I I IIMI NN
3,70E 1WO10:51A WM Cm.CO
1 1 M
R--M ]89'59'22'.0--13(8.65 RECORDED EXEMPTION NO. 1473-27-4 RE-3629
SOUTHEAST /xi THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 27,
/16 CORNER
COINER TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH. PRINCIPAL MERIDIAN,
SECTION GORIER SECTION 2],
S&$10.527. `rP.DRJnsRu•L COUNTY OF WELD, STATE OF COLORADO.
(Faun A s Rmv, 5 25 707. 020
LSE2SMJ>ALMA
MR'CAP,
)
LEGAL DPW.(PROPERTY BE.ONOm)
M SO.INESF I/4 R M 9OI.TAEA0T T.OF SECTION 27,Toms ,NORTH
RAMIE.0 WEST CF M WI(.M PEEP.MM.WITTR MD.
STATER COLORADO.
0.TAME 50.0.0 ACES MORE E OR LESS
rn 21
B 22 23 STATUTE OF LS.TAiM6
Llt L 0 TNOT2 II TIP W TO MOP T WI YOU AFT COYOA AN LEGAL ACTOR WED NN MI
DEFECT M O .TO MOP 0 YEARS ST C YOU PAST DISCOVER CT OWED M N EVENT.
TT ACTION BASED UPON ANY ODECT M W..E CO.It.M MORE T.TEN YEARS
__ P.ne diE Or M Q1RrCARON 957.41 WM&
SURVEYORS CERTF.TE:
I.JOEL L CAW A EMOTE.PIEWSIOML LAND S.D.M M STATE OF COLCMDO DO MFHv
CW.THAT TIM MECAAL...1611 PLAT MS P EM.FROM M MR}Lrs R A FELD 9RVEY
7,1 CONTAINS: 35.084 AC. +/- 27 2 26 COMAS.WOOER M 915E APO T PLAT SAR 0 ISM ACCURATE
j 28 -- -72 i I ALL
APPLJCAIE RILES.IOW..AM LAMS OF M STATER WIRY=STATE 00N57 OR
SSS GORE I SSONAL K O TO PROFS w 4 o 9RVEra MO MELD COW.
LOT—,47, �N L'B'No.mBn 9� 4_ u 'Iw
i 25937 _
O WELD COUNTY ROAD 4 DATE
33 I SA 35
N
PO 100 I°r1ER5 CERir1CA 70
se NEW DESCRIED
447'56'65 D ALE 1 MAP w�REMRr*oo MOE DE W.AB RI SOLE.1.16 ON OF ATT M
46].Oo SCALE:1'=2000' ® ME...OM W.,E LOCA.M M-A•PORCULTURAL)ONE
OSTRET 416 BY ALSO MTEIMID TO PROM AREAS FOR MOM.CCT R
OP P L45 ACCESSORY CMS AM VMS BY SPEW.REVIEW.
LOT A s o. D.,4/...........
GAM, - ---
s PMMa
8 8 GROSS = 5.006 AC. +/- 8 W. B• E+�
-S 30'= 0.321 AC. +/— r v.R M wiST OF OE R FM PM..SECT. TIE rorEDRc rABmurE WM Acaocmam BEFORE LE TNs_.,112,111wY
Y . NET = 4.685 AC. +/— . Me / MM. `MM N COUNTY 7 I.D°�BT"EE a'COLORAAD AS 0 QGri��Q2
M EAST 1 t CORNER 0.0. .W.95741 d Eta®EMMY.M. OF___ AO.2W3 BY M ABOVE SM0.O.
SWIM 1/4 CORNER n 8 :0- SECTIONS 27&N. N RECEPTION.0,motet JAAiM AR T.MAO X..�ocCOON nw w C0.590N COMM_ ..;s,...
SECTION 2] (Pp/L ND.S ROAR. MOW..T PL57EM MP ALL OT.SEWS
(Mr NO.B REBAR W/ "�.cF 5/2121 Aux
co. as R YDM.gr TN6 is
/Y AI.UL CAP, WOE.BOL) a.N COWL 0.R d PPM «�R NOTARY RILIC, xMO AND t. ---
LS 0452.5.07.BO M A A OF L.
.. tel R manorFO mourn mamma o.moo.ARo MO 011.12M.wm1aa 91 1''''•.
w 457.77 5 5 1 WOWS WM MIA VY�WARW.MO SW IE.EEO.I
467.00 -
-y + TOTAL- MRO WS MOM OR LESS __OF PLAIN.SEry 45 AMOMPRATNE REVIEW CERTIFICATE:
--- —589'57'56'E --1324.05 — 1 - PE ACcavA.NG ACCEPTED MD APPROVED Em PEW
WELDCOUNTY ROAD 4 CEPA11 EE R PL.NDIRECTOR
(ASPHALT)
ASPHALT) M FOIEVOINO CERTIFICATE VMS Cd.10PEDRD BEM.LE TNS_y''----DA.
SEOAL OF L P-it62t
PROPOSED OR DMnc WNW Mu OR DO YET M WAY ETDAJW AY ONSET EPN.0FMT9 FOR M C� 55541.5555.55, B.M ABOVE SIMM..
22.OOmETM.01 M WW2 r LOCA1P.MRSUANT TO M WPM R Irma M M PEED OM.P57E
M RPM.SEW B WPM MICE M FUME MOOT-TAY LN 4190 ARx+aD CWITY B O[00 M MAST 4WROCTVt APAOLTRM RIMMp M M
STRucM ATAOS 3-A Or 111E 2.1 �In.M AY LeDID TO TIDE ooORAYLs LOOS,V aRPAM A M C N L r AY R MWOW STAIM WM P.M T TIM M.E O 4.0.1.1111105 MD F R AMMO.
SOD. CR.Y9MI
NO Oll.EP WARTY W.I.wY EC @ AY f OJT Mr ME MOWS 11®FOR APACLLTPE POEPE M.M.MO A WI
W.CODE MALL E.0161 CTm WM.A m0-FOOT RM.R NM TARN BM. MO TaE 5 5 55 5 55.5 570 5555MILIS.mrucn Mm 5.55 R..mmMs — tBN_Pr.
IOW PWd T Ern.i E.E..'.. 'i ..a... .'. AWCT MSS ADw s To RELOua TO P0 AL AREA:0065 M 517 0256000.0(2001.LAMB R mr Na No IOTA.MAU,wmEss MY NY.A ____ __-_
WM R ANY M¢LIEAD MUNt comm..MOM EMT ATM,.E MO TAY R TEE rR.oR,.PBOE.TARO Tot.FATS.W. MLwT '
03.
ATTRACT IOW WOOMSS
• OF M LAM*PM NCO E CRECRO TO 0070.E OEM LOWITAEL.EO
E. kw.,nmwE STEMMA.d IJ>Q OR WE PILOT attAM M ADPRaP1b•rz SOAR.AY W.PERMS. NIMMTMAL PRACTICES
ACM.TO...PTE M 4170]56 OF PRA.ORM MO A RM.L AMP.WELL WW EAOi..�_., _
O W.PENIS M APSE 'art MNa WO A ECOMOt®OE- M SILL BMW.MPIA1rD WI MCA WON M.EtrABrT: "
LOT T.PON 41.1 M MEP.PP21 a TORN M DL0 NW APPLICATOR M LEGAL M.P. R.Ow-rOMJO rNM MESES EN RRKrz ROADS;DUST FT.MIME PENS RLD T.ML 20605.MO 007041E ROAM OIOI N .-
01 9301 DEED..Ma M LOT TEN Mo REPAIOm POW MP.�. AYML c9nooR,aA¢AID MARIE MOM MN mO1 BEE.rtEs No M.RDIIFT04 AY new R
WASS APO WM.M M Nom MUM.M UM R AO.L Mon.ORO.7010 WM.CAW
F165
M MOW R MLE..NOW,rt APPLICANT MMa SW POW TO M DOW.WOW.
MOOD art R M WAY R EsmITML mamma IWi1pT iNEA01 M mono LRIVMr or LEGEND:
PLAN.TO MA
THAT Ld A INS AR WER SW or WIC.WM...Tr u. TO
55 WS 55, ,....6 IOWA TO EMI
w ,aTuv.
5 PoIONML POWERS E...e ear WT A MY NOR E aRBLE FORA...WILL TeE. W r uP1654 MMu Im S 11 roe.Tvx d I
CO WOW 1,,00 56p 03i1 AP 08 56.0i%F A (Owan 61010 d Murn�TIMT NR W SECTION COMERS
EiOMRCEa ISSUES 4L KU T9s�iS�/d M MM.R rt.MOMS.M MAO 00414141 R WArM SR.TL.00m LnAM•OrzAMA O a WM.�(T EM STATER MAW r x - E DESCRIED As 9574141.
pl.MOM SNOW OF COT.ROAM OF OMR WWI or Pe ARP /TO E FOUND NO.4 REBIN w/
412.sTE AiOE5 MMI NWOES.IT MO OR n WM.B MOW.TO COIMA4 MO[11MN ON I, E YELLOW LS 4173 CAP.
709 DOI[D BY M WLOMOO DPW.O AMC NO EMRMOI*.M EID COMM DOLeTOR R PAW OS R M COW YO M MAO.W.0*1 MST E WILED WY DELAY ALT O756 65 WWI.MX.
PURE OEM I. SOWS PLORAER ELL IPM TO TM TER 00410.WARP M P TO
OIdWM,*AMY AM iE.FM M.ORCTMJ B uRMLLr PROM.BY v0.WTmE IMO MUST LG.TY I fD1ID M.S MAR W/
OWE.AM Y NO PAW 0 MAW TO rWOWS 0.1TY WA WE NO WTMR WIT Orte MY AE BLADED.Et 5 MINA LS.25037 CM
"`Errt`M"R•r•mROMWON NEW ME"OINAMMATMADE ALPHA SURVEYING CO. E
7. P r11*5 05604 t AWARE TMr ANroVL R r16 ECPUM emnw DOES NOT WRMMTE FROM 9MMTYBsTO OWLS MAY NOT E OZARED FM.PAL DAYS WM A MAJOR WWII.wN WV. ORIGINAL SET NM L BRASS WAS..
1.>M m M Lon ANY LOT MAY xpJ-BLW[r M Lm OWAE.O IMAEE OR WI MAW=ME R M..1 MOON Pd MIME MOO OR MAY E M P.M EDDY LS SSW.M WALT
5TM STREET-P.O.B.PI FORT Lwrp1,COLORADO BO.
TM,T IEWM.ru aww sM5TIEe M MIME.EAs M v..v 090 ru Mm E[PnALdT T014YdM MrM+5+........ SCALE:1"=1(70' NMDIIE:303-057-4305 DR 303-BBT-20w, mL:]03-390-3]74 To dTAY•Feu POW. Art OM41 O WATER ®L]ALL WILL Pp.1S. WPM M,E2MrY.E MOE tV-LMdM 1WN LAW MOW SET ND.S MBAR W/ E-WL: ALPNASURVEYMOIAW.CON FM:JOJ-BS]-0]D]
II WON..WS A EDIT 00 M MOM. WAEOLT mca WNW WADS M M COUNTY WNW M AN WI OR MEIMN SETTING.rA1M O .
FELD SP. NO WT.EDP A BERM.ROM MR r,r5 AM COM mar 0 50' 100' 200' ORANOF LB 2B0.E]CAR.
/L.MedMo MYi 1EE WOW MAW.
mnNuw M WOUS ROM RI.WMrrt PAT.M:D:\WM%P\271NSGARJE9RE.VCD CONTACT:MART.GAMES(RE3629)
To POPE.4 ARTOf!I NO I OF M ROD COMP CCMTHMX5 TO WOOL C..1.13 0.6.S MOW!®TRYTIG DRE A B E0PORTANT.MXM[]TOMSTOM•Lr alaY FOR T,O 11.MM]0 M
EDAM r0 50.E M MgRCT N 00 M FIRM S LICE.003 PANDITS AE REP..M TUN 0°101• omcr2E...TX.ROOM POW ORM.PE WORM LOTS Wm. EVI9IME BY DATE 0070.0X'. RG SCALE:9.("2003 00' F
00 M Wet 91.0141E R M CO M.ROM RP.M AM wow.2402-0 E FDIC:DATA I PATE:SEPT.29.
PG COLL. FILE.D.27-1X5-O6
(
r
- i
„_
F-. Ft
lrifiF-7k4Zsi � e� ?� „yam �� J �
. .�„' ', ' s z41. ,xtip"gym , I:"
,!""••••
� a
IIIik NI 0 •
d 9"s',-4,Pr-`^ 'e'` x K9�' t" ik:Duo-` _,t Z• 'r.. s. iC,' 1t
r
, �xr
�� 21649 CSR 4
141j
WCR r
1 �, 4,.. ' ,L m
x
' '
ea. -. `
' - ''1,. '''yo i . .. . ,..
, „.
„ , ,4, l
: . .
, .
,,,, ,
...
,.,. .
, ..„,,,,,,„.„.„,,,,,,,,,,:,,,,,,,,,,,,,,,,,
� '. ,, . : .... .. ,..„ .
.i. ...... ,
, , ,,,.:.,:.„:„.,,,,,,,,,,,,,,:„ i . . ‘,‘ 40-1
..,,
I . t
,
.. c
- ".','4',"- „ .i,f% _ `_ _
,
r
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Land Title Order No.: MARTIN GAINES
The Land Title Guarantee Company 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 JUNE 10 2003, and the most recent deed recorded
prior to August 30, 1972.
LEGAL DESCRIPTION:
THE SW '/4 OF THE SE '/4 OF SEC. 27, TIN, R65W,6TH P.M., WELD COUNTY, COLORADO
CONVEYANCES (if none appear, so state):
Reception No. 2287915 � , Book 1336
Reception No. 1568122 'J , Book 648
Reception No. , Book
Reception No. , Book
Reception No. , Book
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 Land Title Guarantee COMPANY, is hereby limited to the fee
paid for this Certificate.
It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by
its proper officer this 1st day of July, 2003 at 5:00 o'clock P.M.
LAND TIE GU NTEE QOM ifNY
B :
thori d Signature
R°~ - H 1336 15:35 1/001
_ F 0411 •02287915 ' 05/13;/92 ANN FEUERSTEIN CLERK & RECORDER LD CO, CO
WARRANTY DEED
THIS DEED, Made this 11th day of May
1992 between "— ,
IVAR JORDAN and EVELYN JORDAN --•••• •W.I:M
of the County of WELD and State of COLORADO, grantor, and State ' 1 Fes
MARTIN D. GAINES and PEGGY D. GAINES '5 3ill
whose legal,address is 21649 WELD COUNTY ROAD 04, ....i.,!7 ' ••'
���
HUDSON, COLORADO 80642
of the County of WELD and State of COLORADO, grantees:
WITNI!SS, that the grantor, for and in consideration of the sum of ONE HUNDRED SEVENTY-TWO
THOUSAND FIVE HUNDRED AND 00/100th, DOLLARS, (5172,500.00), the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, iold and conveyed, and by these presents does g,nnt,
i bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not In tenancy In common
but In Joint tenancy, all the reel property, together with improvements, if any, situate, lying and being in the
County of WELD, and State of Colorado, described as follows:
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 27,
TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M.,
COUNTY OF WELD,
STATE OF COLORADO.
0 F
also known by street and number as 21649 WELD COUNTY ROAD#4, HUDSON, COLORADO 110642
TOGETHER with all and singular the hereditaments and,Ippurtenances(hereunto belonging, sr in anywise
appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. and all
the estate, right, title, interest,claim and demand whatsoever of the grantor, either in law or equity, of, in and
to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said promises above bargained and described, with the appurtenances, unto
the grantees, their heirs and assigns forever. And the grantor, for himself, his hairs and personal representatives,
does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the
mauling and delivery of these presents, he is well seized of the premises above conveyed, has good, sure,
lawful, absolute authtrity todgrant,bargain,ible rosell and convey thete of inheritance, n same, in fee in manner and form aforesaid,and has ood randtthatll power the same and
are
./' .. free and clelr from all former and other grants, bargains, sales, lions, taxes, assessments, encumbrances and
restrictions of whatever kind or nature soever, except for taxes for the UMW year a lien but not yet due or
9payable, easements, restrictions, reservations, covenants and rights-of-way of record, It any,
i
4
„r J
•
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet
'S. and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any geieder shall be
applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed o the date se h above.
o i Yfl Jt3itj — '�
/
Aduma
• ,�QF COLORADO 1
i U.
cqu�x.•of� )
The T.dtegoing instrument was acknowledged before me this 11th day of Muy 1992 by
NOW.JORDAN and EVELYN JORDAN .
My coaep,1";,1'poilixpires: c' ( ,. �`i, Wit my hand and o'+etai,seal.
Now, Mle
'\
No.921A.Roy.2.1•s WARRANTY DUD,e Jena TMaeta)SKLD LG 172 . 20 . 16 . 95 WE 2287915-1992 . 001
. ti4t ,Iftig ea 14.04*10V00.4=010P24144'. ',_.; -'--- • seem .
{ cu
s .ib Streader era9 Lilt P. StrCodar tease o,
a 1 •
14. I _ tea ,T .-•
whew edifices is
County of I la le, of
Nt
Cols 'ado ,for the c` nkkstm cf 'I
TN e
In damn,SII ^i pB'+d.hereby ma(a)se txs-mg(^}
1• Ivar Jordan and Evelyn Je'*den, as joint tenants,
- ' whose subdarses is Star Route, nor 43 Ruda On CiTirstp of e
.r r n
.� o Weld ,OA St Cr' Colorado the fo r, TQSI r s;awL 'in`''� !"
O C
County of Veld ,sad Stts o?C2 to t^it: 0
0 •
said real property is tore particularly described in
atcd herein
�-' Exhibit A, attached hereto end incorporated by es.
this raftsonce >
x
f
p •
{� r
•.
ea
J
. ;z
with all its nl tuateaearrec,and raarrrst(e) the title to the sense,subject to general ad 1
valorem real property taxes for 1971 and a ill subsequent years p
tad easersntzs and right^ o'. why either izs esietensss or of record
gib tYIe 29th e-,7 c4 April , ai 71 .
i rte trawder _.._..
I -
-iv 4 irk; C'TA'?y' OF COLORADO,
W b It
"" c etc? C ate•of Denver 1
n.,,„,...4„,
' a i.i Ms a^sszciag ischrumemt was rcr.,^ , :before:t:e:this ("l
''.'''**••4 �I c?e:7 c* April •1971 ,l'' rle Strader u d 1,1.1a P. Stra'der
4 1y on'w iws espir s
'. ( Wintery my Nand owl a£fic'^7 0• '1.
tilt- ,s
,',,,14'4.,
w 1k ��'.
7 -s ' 1,I, it y l!•"'^^"r ro•'+�•*•ra bwn aar.M w rnw;It taef
f -, l A,. ..RS,-•• , .LMIN OI.MP!}• kw
n Y` ��r ,•` don{!� / �r sS�aae.7git°w tmw�k,",-.1 r•s�v vi r., •e 1F•..,..a.rrr+ra�•,4.srR.•*cM.sr or..,nee Ni'ia�e�t rM own
spa *4.14.!`' , r,.Y,Ar H. --.c
IA
,},k'�"k 2' M...ire. t9^ ':?i 2,•••t-eryr-i 0,,,,- ISr .,r.r•.i..im.-,@ ..�d Tdrsa...Q*.tRt4-8A t4••.rl RtT+I t�M•••. -t
;-w - -'4:''
r
.,i
t�
e
f ,a>e eT+bLF
i! b=
.ice"nt;21 77. �S 5
O°1 GO X27 S ..
s= The S.out.' et sx�at rr. of Soct ,e✓a 26; ,
The South *-Reif of Section 27; ccsw t therefrom 51.742 acres
Th€a! Scathe-iaalf of Section 2 ,A excepting
Souttwst corm' o£
described as follows: EXCEPT boatswain ore a of
the Sbik of said Section 28 eri. r'mi 18then etNorthol 9t e .":est
•
ct
live of said SIB a es Cc of
ffofDsaid Silk; thence South 78"47'�A,e Zest
South of t; he +re281.35 fest; thaenee South
467.02 feat; thence 18 0South et; -hhre''earth,79'21'30" East,
37.50 feat; `'
8u°Ov°30"South
parallel to�7rs^ 4r,t i of said ;'l'} a distance o£
thence 2 feethence
1,876.2.. feet to the center line of ihe`�cra¢Denver Hudson
die- 5
along the center line of waair cirri Sy a courradises,
di
tancee and curves: along a cervn to the loft, having
202.78 feet, and a delta of 32°30', a distance of 185.31 feet;
thence Worth 51°11' East, 45.50 feet; thence along a curve to the
right,having a radius of 382.85 feet, awl a delta
3of001°30', Chance
dim-
tance of 2r 8to feet; eft, e having a8radius East,
145.50 feat, and a
¢ delta a curve 9° ', the left,
,:.prz delta of 69'00', a distances o£ 175.22 £act; thence North 13'41'
Feast, 120.00 feet; thence a ene a curve to the right iaevirg o rasE{!-'"'
" a distance of 3 ,22 ofyl feat;
t;134.42
the £eat, and a delta of 130 23635 feet; thence alms a cu.ree
toot; tr ght South v 3g5a r�d „eZoft29?.00 feet and a delta of 2e"00'
e�_ to the right, having a thence
. a distance of 146.78 feet t�mvispointradirvcfe37curvature;
afee, and a
along a curve to a the scleft,
,�� delta of 22°00', distance of 144.20 feet :yore or less to a point
1 , where the center lines of said canal intersects the
center
along taasidline of
tof
existing county road; thence South 80'28' West, point aa£ icente
`.; line of county road a distance of 371.01 feet to po thence South
r-
• section with the South line of the SWk of Section 28;
89°31'30" West alon said South line of theiSWcfto the beginning.
Southwest
corner of the SW$ of Sect cn 28, the pointQuarter, the
tir` Together with the Worth Orr-elflf of i-+^ast the Northwest
3`+,
.:r, Northeast Quarter and the So.' , Weld
in Township I. Norte, range 65 West of the 6th P.M.,
it Coe. ty, Colorado;
'.4i'"
` ditch conveyed by deed recorded in nook
E_CCE"T r!^ht of °way for as by recorded
%"k' 311, Page 139; EXCEPT right of way as conveyed d by deed
in g� 346, Page 258; E`3EPT parcel of land as coneee
recorded in Book 1606, Pere 558; ANT) EXCEP' reservations contaixd
1511, P e 40 and in deed recorded in
ms.
en atetat recorded in Page
of ' _ . 711t. Tree 451,
And subject to mistral recervatic s contained in the warranty deed
'/01,,., recorded March 12, 1904,
,4v1,
4're.,. the Dn'Inn Pacific Railroad Company
a 'oo': 2CS, rage 451 ^:o ehe South ;!.elf of Section 27, Township
n, P.M.: ore mineral reservations
r,e i "a, ., � 6 5 WC^^�t �+£ the 6 th�
'` �^c;'t'`.aiTcd .z Soo.: 740, ?nee 132 I (acting th,. North One-Half of
ge 65
• + the Northwest h�+ 6 Quarter
P.M., oH11,1 Count- Records tion 34, Township
ing,andnreserving
4 dEs" of the 6th P.M., + oats, including
; ,?, therefrom on undivided one-half of all mineral rim.
ot n3.i. and gas, ncoa owned b grantors;
Y� ,, e nrcc^. end situated in '::lc; County, Colorado.
as
� reJl tR�'
,:O
•xt'.4
•
1.1s°After Recording Return To:CO A�10
URIDE HOME DOCUMENT LOANS,MS SV79 PROCESSING � C
Sim Valley, CA \O\
i \t-
n ��93063-6712 �`�\°' '\ \\��6vPRP�
Go@`l �
Prepared By: \3`
B. ROBB
[Space Above This Line For Recording Data]
U079811A02 0002165617855092
[Escrow/Closing ifl [Doc ID 47
DEED OF TRUST
MIN 1000157-0001700620-2
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
11, 13,18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in
Section 16.
•
(A) "Security Instrument" means this document, which is dated NOVEMBER 25, 2002 ,together
with all Riders to this document
(B)"Borrower"is
MARTIN 0 GAINES, AND PEGGY D GAINES, HUSBAND AND WIFE
Borrower is the trustor under this Security Instrument.
(C)"Lender"is
COUNTRYWIDE HOME LOANS, INC.
Lenderisa CORPORATION
organized and existing under the laws of NEW YORK
Lender's address is
4500 Park Granada, Calabasas, CA 91302-1613
(D)"Trustee"is the Public Trustee of WELD County,
Colorado.
(E)"MFRS"is Mortgage Electronic Registration Systems,Inc.MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns.MERS is the beneficiary under this
Security Instrument.MERS is organized and existing under the laws of Delaware,and has an address and
telephone number of P.O.Box 2026,Flint,MI 48501-2026,ter(888)679-MFRS.
(F) "Note" means the promissory note signed by Borrower and dated NOVEMBER 25, 2002 .The
Note states that Borrower owes Lender
TWO HUNDRED FIFTY THOUSAND and 00/100
Dollars(U.S.$ 250,000.00 ) plus interest Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than DECEMBER 01, 2032
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
COLORADO-Single Family-Fannie Maa/Freddle Mao UNIFORM INSTRUMENT WITH MERS
Pape 1 0111 InlUal,: -
ek6A(CO)(0006) CHL(00100) VMP MORTGAGE FORMS-(8001621.7291 Form 3008 1/01
CONVIVA
f
• 2 3 9 9 1 • • 0 2 1 8 5 8 1 7 8 0 0 0 0 0 2 0 0 6 A •
• „„,
ler • lip
•
DOC ID # 0002165617855092
(A)"Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due
under the Note,and all sums due under this Security Instrument,plus interest
(I)"Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders
are to be executed by Borrower[check box as applicable]:
®Adjustable Rate Rider Condominium Rider ❑Second Home Rider
El Balloon Rider Planned Unit Development Rider 1-4 Family Rider
El VA Rider Biweekly Payment Rider Other(s)(specify]
' ARM RIDER
(J)"Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances
and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable
judicial opinions.
(K) "Community Association Dues,Fees,and Assessments" means all dues,fees,assessments and other
charges that are imposed on Borrower or the Property by a condominium association,homeowners association
or similar organization.
(L)"Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an
account Such term includes,but is not limited to,point-of-sale transfers,automated teller machine transactions,
transfers initiated by telephone,wire transfers,and automated clearinghouse transfers.
(M)"Escrow Items"means those items that are described in Section 3.
(N)"Miscellaneous Proceeds" means any compensation,settlement,award of damages,or proceeds paid by
any third party(other than insurance proceeds paid under the coverages described in Section 5)for:(i)damage
to,or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property;(iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(0)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the
Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under the
Note,plus(ii)any amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.) and its
implementing regulation,Regulation X(24 C.F.R.Part 3500),as they might be amended front time to time,or
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under
RESPA.
(R)"Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors
and assigns)and the successors and assigns of MERS.This Security Instrument secures to Lender. (i) the
repayment of the Loan,and all renewals,extensions and modifications of the Note;and(ii)the performance of
Borrower's covenants and agreements under this Security Instrument and the Note.For this purpose,Borrower,
in consideration of the debt and the trust herein created,irrevocably grants and conveys to Trustee,in trust,
with power of sale,the following described property located in the
COUNTY of WELD ••
[Type of Recording Jurisdiction) [Name of Recording Juried[et on)
THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 1 NORTH,
RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO.
Parcel ID Number: r0137092 which currently has the address of
21649 COUNTY ROAD 4, HUDSON
[Street/City]
Colorado 80642-8711 ("Property Address"):
(ZIp Code)
r��� Initials:
/r •11®®HMCO)room CHL(08/00) Page 2 of 11 Form 3000 1/01
li
II
D0C ID # 0002165617855092
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,
appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by
Borrower in this Security Instrument,but,if nee esrary to comply with law or custom,MERS(as nominee for
Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including,but not limited to,releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of
record.Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to any encumbrances of record and liens for taxes for the current year not yet due and payable.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
1.Payment of Principal,Interest,Escrow Items,Prepayment Charges,and Late Charges.Borrower
shall pay when due the principal of,and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note.Borrower shall also pay funds for Escrow Items pursuant to
Section 3.Payments due under the Note and this Security Instrument shall be made in U.S.currency.However,
if any check or other instrument received by Lender as payment under the Note or this Security Instrument is
returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this
Security Instrument be made in one or more of the following forms,as selected by Lender:(a)cash;(b)money
order;(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn
upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic
Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15.Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan
current.Lender may accept any payment or partial payment insufficient to bring the Loan current,without
waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the
future,but Lender is not obligated to apply such payments at the time such payments are accepted.If each
Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds.
Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower
does not do so within a reasonable period of time,Lender shall either apply such funds or return them to
Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note
immediately prior to foreclosure.No offset or claim which Borrower might have now or in the future against
Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants and agreements secured by this Security Instrument
2.Application of Payments or Proceeds.Except as otherwise described in this Section 2,all payments
accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the
Note;(b)principal due under the Note;(c)amounts due under Section 3.Such payments shall be applied to
each Periodic Payment in the order in which it became due.Any remaining amounts shall be applied first to late
charges,second to any other amounts due under this Security Instrument,and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the
late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full.
To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments,such excess may be applied to any late charges due.Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note.
Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments.
3.Fonds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under
the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any;(c)premiums for
any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any,or any
sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance
with the provisions of Section 10.These items are called"Escrow Items."At origination or at any time during
the term of the Loan,Lender may require that Community Association Dues,Fees,and Assessments,if any,be
escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item.Borrower shall promptly
Initials:
®®8A(CO)(coos) CHL(08/00) rage 3 al 11 Form 3008 1/01
• iik dip
• i
D0C ID # 0002165617855092
furnish to Lender all notices of amounts to be paid under this Section.Borrower shall pay Lender the Funds for
Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any
such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where
payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if
Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender
may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be
deemed to be a covenant and agreement contained in this Security Instrument,as the phrase"covenant and
agreement"is used in Section 9.If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,
and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such
amounts,that are then required under this Section 3.
Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the
Funds at the time specified under RBSPA,and(b)not to exceed the maximum amount a lender can require
under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality,
or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home
Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA.Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow
account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law
permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires
interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the
Funds.Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds.Lender
shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower
for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow,as defined
under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly
payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify
Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA,but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to
Borrower any Funds held by Lender.
4.Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable
to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on
the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these
items are Escrow Items,Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or
defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or
(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument.If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days
of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set
forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5.Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire,hazards included within the term"extended coverage,"and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts(including deductible levels) and for the periods that Lender
requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may require Borrower
to pay,in connection with this Loan,either.(a)a one-time charge for flood zone determination,certification
and tracking services,or(b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
instals:
*gill(
4 -OA(CO)moo CHL(08/00) Page 4 o111 Form 3006 1/01
r,
IIP
•
D0C ID # 0002165617855092
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage,at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular
type or amount of coverage.Therefore,such coverage shall cover Lender,but might or might not protect
Borrower, Borrower's equity in the Property,or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect.Borrower acknowledges
that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from
the date of disbursement and shall be payable, with such interest,upon notice from Lender to Borrower
requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee
and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates.If
Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If
Borrower obtains any form of insurance coverage, not otherwise required by Lender,for damage to, or
destruction of,the Property,such policy shall include a standard mortgage clause and shalt name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may
make proof of loss if not made promptly by Borrower.Unless Lender and Borrower otherwise agree in writing,
any insurance proceeds,whether or not the underlying insurance was required by Lender,shall he applied to
restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is
not lessened.During such repair and restoration period,Lender shall have the right to hold such insurance
proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed
to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds.
Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance
proceeds and shall be the sole obligation of Borrower.If the restoration or repair is not economically feasible or
Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Security Instrument,whether or not then due, with the excess,if any,paid to Borrower. Such,insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim
and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's
rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies
covering the Property,insofar as such rights are applicable to the coverage of the Property.Lender may use the
insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument,whether or not then due.
6.Occupancy.Borrower shall occupy,establish,and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees
in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which
are beyond Borrower's control.
7.Preservation,Maintenance and Protection of the Property;Inspections.Borrower shall not destroy,
damage or impair the Property,allow the Property to deteriorate or commit waste on the Property.Whether or
not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property
from deteriorating or decreasing in value due to its condition.Unless it is determined pursuant to Section 5 that
repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to
avoid further deterioration or damage.If insurance or condemnation proceeds are paid in connection with
damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property
only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed.If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of
Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property.If it has reasonable
cause,Lender may inspect the interior of the improvements on the Property.Lender shall give Borrower notice
at the time of or prior to such an interior inspection specifying such reasonable cause.
8.Borrower's Loan Application.Borrower shall be in default if,during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender(or failed to
provide Lender with material information)in connection with the Loan.Material representations include,but
11( udllab:
er
(111P®6A(CO)moos) CHL(08/00) Pap.a of 11 ,J" Form 3006 1/01
DOC ID # 0002165617855092
are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9.Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If(a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),
or (c) Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or
appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including
protecting and/or assessing the value of the Property,and securing and/or repairing the Property.Lender's
actions can include,but are not limited to:(a)paying any sums secured by a lien which has priority over this
Security Instrument;(b)appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in
the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding.Securing the Property includes,but is not limited to,entering the Property to make repairs,change
locks,replace or board up doors and windows,drain water from pipes, eliminate building or other code
violations or dangerous conditions,and have utilities turned on or off.Although Lender may take action under
this Section 9,Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment
If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.If
Borrower acquires fee tide to the Property,the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing.
10.Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason,the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Bon ower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage insurer selected by
Lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect.Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu
of Mortgage Insurance.Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is
ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings on such loss
reserve.Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount
and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is
obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance.If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the
premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until
Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between
Borrower and Lender providing for such termination or until termination is required by Applicable Law.
Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may
incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance m force from time to time,and may enter
into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these
agreements.These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any
other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive
from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses.If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer,the arrangement is often termed"captive reinsurance."Further.
(a)Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance,or any other terms of the Loan.Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance,and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has- if any-with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cellation or termination.
Initials:.6A(CO)(000s CHL(08/00) Page soul /11( m 30061/01
I
Aft
•
D0C ID # 0002165617855092
11.Assignment of Miscellaneous Proceeds;Forfeiture.All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender.
If the Property is damaged,such Miscellaneous ProceMAs shall be applied to restoration or repair of the
Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such
repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in a
single disbursement or in a series of progress payments as the work is completed.Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is
not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to
Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if
any,paid to Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the
amount of the sums secured by this Security Instrument immediately before the partial taking,destruction,or
loss in value,unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the partial taking,destruction,or loss in value
divided by(b)the fair market value of the Property immediately before the partial taking,destruction,or loss in
value.Any balance shall be paid to Borrower.
In the event if a partial taking,destruction,or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the
sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender
otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing
Party(as cleaned in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to
respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal,is begun that,in
Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument.Borrower can cure such a default and,if acceleration
has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a
ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order provided for in Section 2.
12.Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower
or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors
in Interest of Borrower.Lender shall not be required to commence proceedings against any Sucr.sgor in
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower
or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or
remedy.
13.Joint and Several Liability;Co-signers;Successors and Assigns Bound.Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who co-signs
this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument
only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security
Instrument (b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees
that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with
regard to the terms of this Security Instrument or the Note without the co-signer's consent.
InhiIat,:
t 6A(CO)(0005) CHL(08/00) Paper 0111 Form 90061/01
III III
• •
DOC ID # 0002165617855092
I Subject to the provisions of Section 15,any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's
rights and benefits under this Security Instrument.Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing.The covenants and
agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors
and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument,including,but not limited to,attorneys' fees,property inspection and valuation fees.In
regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to
Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits,them(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note
or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a
partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under
the Note).Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
15.Notices.All notices given by Borrower or Lender in connection with this Security Instrument must be
in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if
sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law
expressly requires otherwise.The notice address shall be the Property Address unless Borrower has designated
a substitute notice address by notice to Lender.Borrower shall promptly notify Lender of Borrower's change of
address.If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only
report a change of address through that specified procedure.There may be only one designated notice address
under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by
mailing it by first class mail to Lender's address stated herein unless Lender has designated another address
esrg by
notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been
given to Lender until actually received by Lender.If any notice required by this Security Instrument is also
required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement
under this Security Instrument.
16.Governing Law;Severability;Rules or Construction.This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but
such silence shall not be construed as a prohibition against agreement by contract.In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall
I not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include
the plural and vice versa;and(c) the word"may"gives sole discretion without any obligation to take any
action.
17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument
18.Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18,"Interest
in the Property" means any legal or beneficial interest in the Property,including,but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written
consent,Lender may require immediate payment in full of all sums secured by this Security Instrument.
However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option,Lender shall give Borrower notice of'acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums
prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
19.Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions,Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest
of:(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;
(b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or
(c)entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Lender
®-8A(CO)mos) CHL(a woo) Page B of t t fF/ Form 3006 1fe1
m '
I
• •
• DOC ID # 0002165617855092
all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in
enforcing this Security Instrument,including,but not limited to,reasonable attorneys'fees,property inspection
and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and
rights under this Security Instrument;and(d)takes such action as Lender may reasonably require to assure that
Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay
the sums securedby this Security Instrument,shall continue unchanged.Lender may require that Borrower pay
such reinstatement sums and expenses in one or more of the following forms,as selected by Lender.(a)cash;
(b)money order;(c)certified check,bank check,treasurer's check or cashier's check,provided any such check
is drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity;or(d)
Electronic Funds Transfer.Upon reinstatement by Borrower,this Security Instrument and obligations secured
hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not
apply in the case of acceleration under Section 18.
20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the
Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due
under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the
Note, this Security Instrument,and Applicable Law.There also might be one or more changes of the Loan
Servicer unrelated to aside of the Note.If there is a change of the Loan Servicer,Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer,the address to
which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser.
Neither Borrower nor Lender may commence,join, or be joined to any judicial action (as either an
individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,
this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in
compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time
period which must elapse before certain action can be taken,that time period will be deemed to be reasonable
for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy
the notice and opportunity to take corrective action provisions of this Section 20.
21.Hazardous Substances.As used in this Section 21:(a)"Hazardous Substances"are those substances
defused as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,
volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials;(b)"Environmental
law"means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety
or environmental protection:(c)"Environmental Cleanup"includes any response action,remedial action,or
removal action,as defined in Environmental Law;and(d)an"Environmental Condition"means a condition
that can cause,contribute to,or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence,use,disposal, storage, or release of any Hazardous
Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,nor
allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b)
which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous
Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences
shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including,but not limited to,hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental
• Condition,including but not limited to,any spilling,leaking, discharge,release or threat of release of any
Hazardous Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance
which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or
regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows:
22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify;(a)the
default;(b)the action required to cure the default;(c)a date,not less an 30 days from the date the
lnitlats:
Form 3006 7101
-8A(CO)table) CHL(08,00) Pape a of 1 J/
•
0o U
• •
• IP
D0C ID # 0002165617855092
notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default
on or before the date specified in the notice may result in acceleration of the sums secured by this
Security Instrument and sale of the Property.The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a
default or any other defense of Borrower to acceleration and sale.If the default is not cured on or before
the date specified in the notice,Lender at its option may require immediate payment in full of all sums
secured by this Security Instrument without further demand and may invoke the power of sate and any
other remedies permitted by Applicable Law.Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided in this Section 22,including,but not limited to,reasonable attorneys'
fees and costs of title evidence.
If Lender invokes the power of sale,Lender shall give written notice to Trustee of the occurrence of
an event of default and of Lender's election to cause the Property to be sold. Lender shall snail a copy of
the notice to Borrower as provided in Section I5.Trustee shall record a copy of the notice in the county
in which the Property is located.Trustee shall publish a notice of sale for the time and in the manner
provided by Applicable Law and shall snail copies of the notice of sale in the manner prescribed by
Applicable Law to Borrower and to the other persons prescribed by Applicable Law.After the time
required by Applicable Law,Trustee,without demand on Borrower,shall sell the Property at public
auction to the highest bidder for cash at the time and place and under the terms designated in the notice
of sale in one or more parcels and in any order Trustee determines.Trustee may postpone sale of any
parcel of the Property by public announcement at the time and place of any previously scheduled sale.
Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the
purchaser will be entitled to Trustee's deed.The recitals in the Trustee's deed shall be prima fade
evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale in the
following order: (a)to all expenses of the sate,including,but not limited to,reasonable Trustee's and
attorneys'fees;(b)to all sums secured by this Security Instrument;and(c)any excess to the person or
persons legally entitled to it.
23.Release.Upon payment of all sums secured by this Security Instrument,Lender shall request that
Trustee release this Security Instrument and shall produce for Trustee,duly canceled,all notes evidencing debts
secured by this Security Instrument.Trustee shall release this Security Instrument without further inquiry or
liability.Borrower shall pay any recordation costs and the statutory Trustee's fees.
24.Waiver of Homestead.Borrower waives all right of homestead exemption in the Property.
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witneecea:
(Seal)
MARTIN 0 GAINES -Borrower 41C/• -r- (Seal)
PEGGY Dt/G S -Borrower
(Seat)
-Borrower
(Seal)
-Borrower
®8A(CO)(0005) CHL(08/00) Page 10 0111 Form 3006 1/01
• •
oo ID # 0002165617855092
STATE OF COLORADO, Count�yss:
The foregoing instrument was acknowledged before me this 2S day of Abaci-yd. > ? Q z
by filar-foN D. G 1 D. n
•
Witness my hand and official seal.
My Commission Expires: Notary Public
1 JULIE A.CITO
NOTARY PUBLIC
STATE OF COLORADO
My Cotntnlasion Expos Nov 17,2008
InitlalE
E 6A(CO)t000st CHt.(08/00) Page II of r t Form 30061/01
• •—
• . tes
•
(Space Above This Line For Recording Data)
FIXED/ADJUSTABLE RATE RIDER
(One-Year Treasury Index-Rate Caps)
After Recording Return To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
1800 Tapo Canyon
Simi Valley, CA 93063-6712
Prepared By:
B. ROBB
U079811A02 0002165617855092
[Escrow/Closing #I [Doc ID #]
TIES FIXED/ADJUSTABLE RATE RIDER is made this TWENTY-FIFTH day of
NOVEMBER, 2002 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage,
Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned
("Borrower")to secure Borrower's Fixed/Adjustable Rate Note(the"Note")to
COUNTRYWIDE HOME LOANS, INC.
("Lender")of the same date and covering the property described in the Security Instrument and located at:
21649 COUNTY ROAD 4, HUDSON, CO 80642-8711
[Property Address)
MULTISTATE FIXED/ADJUSTABLE RATE RIDER•ONE-YEAR TREASURY INDEX-Stngio Family-
Fannie Mae Uniform Instrument Pago I of 4 Initials:
®®843R(0006) CHL(08/00) VMP MORTGAGE FORMS-(800)521-7281 / Form 3182 1101
CONY
ARM .
311,6/1,7/1&tell Rldet �'"�
p
Lii4y(
23 a91 " * 021666178II0 0I0-00-2843R
• •
• •
D0C ID # 0002165617855092
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST
RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE
, AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instrument,Borrower and Lender further covenant and agree as follows:
A.ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial fixed interest rate of 4.875 %.The Note also provides for a
change in the initial fixed rate to an adjustable interest rate,as follows:
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A)Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of
DECEMBER, 2005 ,and the adjustable interest rate I will pay may change on that day every 12th month
thereafter.The date on which my initial fixed interest rate changes to an adjustable interest rate,and each date
on which my adjustable interest rate could change,is called a"Change Date."
(B)The Index
Beginning with the first Change Date,my adjustable interest rate will be based on an Index. The"Index"
is the weekly average yield on United States Treasury securities adjusted to a constant maturity of one year,as
made available by the Federal Reserve Board.The most recent Index figure available as of the date 45 days
before each Change Date is called the"Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon
comparable information.The Note Holder will give me notice of this choice.
(C)Calculation of Changes
Before each Change Date,the Note Holder will calculate my new interest rate by adding
TWO & THREE-QUARTERS percentage points( 2.750 %) to the Current Index. The Note
Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%).
Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the
next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay
the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new
interest rate in substantially equal payments. The result of this calculation will be the new amount of my
monthly payment.
(D)Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 6.87 5 %or
less than 2.875 %.Thereafter,my adjustable interest rate will never be increased or decreased on any
single Change Date by more than two percentage points from the rate of interest I have been paying for the
preceding 12 months.My interest rate will never be greater than 10.87 5 %.
(E)Effective Date of Changes •
My new interest rate will become effective on each Change Date.I will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again.
(E)Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an
adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change.
The notice will include the amount of my monthly payment,any information required by law to be given to me
and also the title and telephone number of a person who will answer any question I may have regarding the
notice.
Initials:
®.843H(0006) CHL(08/00) Page 2 of 4 Form 31821/01
• •
o • •
D0C ID # 0002165617855092
B.TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
1.Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section A above,Uniform Covenant 18 of the Security Instrument shall read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property"means any legal or beneficial interest in the Property,including,but not
limited to, those beneficial interests transferred in a bond for deed,contract for deed,installment
sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future
date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without
Lender's prior written consent,Lender may require immediate payment in full of all sums secured by
this Security Instrument.However,this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law.
If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with
Section 15 within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
2.When Borrower's initial fixed interest rate changes to an adjustable interest rate under the
terms stated in Section A above,Uniform Covenant 18 of the Security Instrument described in
Section B1 above shall then cease to be in effect,and the provisions of Uniform Covenant 18 of the
Security Instrument shall be amended to read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property"means any legal or beneficial interest in the Property,including,but not
limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment
sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future
date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without
Lender's prior written consent,Lender may require immediate payment in full of all sums secured
by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law.Lender also shall not exercise this option if:(a)Borrower causes to
be submitted to Lender information requited by Lender to evaluate the intended transferee as if a
new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's
security will not be impaired by the loan assumption and that the risk of a breach of any covenant or
agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law,Lender may charge a reasonable fee as a condition
to Lender's consent to the loan assumption. Lender also may require the transferee to sign an
assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the
promises and agreements made in the Note and in this Security Instrument.Borrower will continue
to be obligated under the Note and this Security Instrument unless Lender releases Borrower in
writing.
If Lender exercises the option to require immediate payment in full, Lender shall give
Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the
date the notice is given in accordance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of
this period,Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
/0"--
Initials:
t133:t848R(0006) Ct4L(08!00) Page 3 of 4 Form 31821/01
• •
• •
D0C ID # 0002165617855092
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Fixed/Adjustable Rate Rider.
(Seal)
MARTIN't GAINES -Borrower
t-'761rf ✓ (Seal)
PEGGY D GA -Borrower
•
(Seal)
-Borrower
(Seal)
-Borrower
843R(0006) CHL(08/00) Page 4 of 4 Form 31821/01
• 1
+� CORM wo STATE OF COLORADO. for Office use only
GWS-11 OFFICE OF THE STATE ENGINEER
07/93 815 Centennial Bldg.,1313 Sherman SL,Denver,Colorado 80203
(303)868-3581
PRIOR TO COMPLEl1NG FORM,SEE INSTRUCTIONS ON REVERSE SIDE
CHANGE IN OWNERSHIP/ADDRESS / LOCATION
WELL PERMIT, UVESTOCK TANK OR EROSION CONTROL DAM
1. NEW OWNER
NAME(S) Martin D. and Peggy D. Gaines
Mailing Address. . ....2x.649...We1d..County..Road..#.4
City, St. Zip Hudson r Colorado 80642
Phone (, O 3 ) ., (Q 'O 51
2. THIS CHANGE IS FOR ONE OF THE/FOLLOWING:
:�ELL 9EP�AfT All M ER DS l Vi��O
O UVESTOCK WATER TANK NUMBER
D EROSION CONTROL DAM NUMBER
3. WELL LOCATION: COUNTY We lc( OWNER'S WELL.DESIGNATION
CC) 01400—
(Address) (C9Y) (Stele) PP)
5IA 1/4ot the , �....1/4, Sec, ot'7 Twp. I N.�or .S., Range....(Q�7... ❑E.or LYJW. (.0 P.M.
Distances from Section Lines Ft.from O N.or LYJ S. Line, kolD Ft.from O E. or 1W. Line.
Subdivision Lot Block Filing (Unit)
4. LIVESTOCK TANK OR EROSION CONTROL DAM LOCATION: COUNTY
1/4, Sec. Twp............... ❑N. or❑S., Range O E.or❑W. P.M.
5. The above listed owner(s) say(s)that he (they) own the structure described herein.
The existing record is being amended for the following reason(s):
,4 Change in name of owner. El Change In mailing address. Correction of location.
'6. I (we) have read the statements made herein, know the contents thereof, and state that they are true
to my (ow) knowledge.
(Pursuant to Section 24-4-104 (13)(a) C.R.S.,the making of false statements herein constitutes perjury in
the second degree and Is punishable as a class 1 misdemeanor.]
Name/Title (Please type or print) -`Signature Date
A D . Gal � � L;24,61, -�"► Gaines S ������� /1,4
FOR OFfICI USE ONLY
ACCEPTED AS A CHANGE IN OWNERSHIP
AND/OR MAILING ADDRESS.
JAN 2 7 1995
State EIViffilef BY j• Date
Court Case No. Div./Co. b 2 WD/Basin MD Use
••MA1, 8 1965 • • • A • f., •
� • l
4 �' �i
65 • �
Fxm•E(Rw.) -STATE.P';' LO ADO • Q1 `�'�1l
tOG3' • ��:
DIViS ?N Ott RESOURCES OCT. - 8
Indsx tii
No • OFFICE. OFD: , ENGINEER W
.IDWD 1 .s x N
GkOJt • EC
.fir' ^ :�
Use_:.. .P '+Ifr..4 I,�Cr • �n��
Reyisterea.fit:' ' << • •• • • y"equi
f .
LOG Alal ELL '
(F•or,St•at••e.• Enyine.r's Us.) +, i •• PERMIT "�k'`Y}v,. WELL LOCATION
Driller � � � 1 `x ) c •No 7
1/u •
Owner •
•R .; 7w D ' � �x • County .
- • ap.�- tt .B 4 ..•.:„..„,....,•,:•......„•,:,.,,.,Street ' - City_ V -6 r IA.:a „ ` of t: • `7
Y 1, .„Y•
IY
t
Tenant •• • tA. •• ��,�� +�'��r� Twp. � •• �••�•
Rye. ,� ' PM•Use of Water 7 /'l1-S `i •C .;. 'il
. �_ iNo ,.i Sd. ' • f y N •• • • t i
On or.By d =Q r z
ip of �Ite of 3'.. ''-'4.--...'''''''."-'-1.-4.T'''''''''....;
>t �:� :,
1lon ` a �� � k�- �r � ; •
Date Started •• r
D•ate Completed + F._ • • -Nvt+1r . —3 , ��- - - .
Yield GPM or_
w.a • Esa
WELL DESCRIPTION '4 P A.. ., , otr, l a f
Depth to•Water I g ft otal Dept z t,,•
• �•
(msutskt d f ro►n round su r ~� L
from :: ff to ft a "
Hole �..,...,4212::-:,-.,,:i•:,--•_;.:-....7.. r '• �
• from ft t d`,� ft _ r
Diameter �a
from ff to` . - ft..;,:,,,:•••,.., ..1.T.4; pir`�*'c ,
TEST DATA: . • " a •• ,ff
, / tits h� ABOVE DIAGRAM RE RESENTS ONE FULL SEC
How Tested • •• Pump 0..r.--••:....-.';':•.•-•-•••rIr' Belt
• ...j,„::::, ,,,...,.-..-.,... TION. LOCATE WELL ACcQRAfiELY IN`.SMALL
Date Tested •1 '/i 19 Length SQUARE REPRESENTING�4 ACRES..
Rate z- GPM` Drawn Down ° � ; w or
t
E
PUMP DATA }4k ...,,...,. ....„,„..14;1-,, F* If the above is not appliceble fill rn
• �a • *s
i R� e.t ize i ,-• Y t Pump Type • � ' r 'a„�
ti� 7 r �-�. No Street
Driven• by , <'H#+ - � �
Y • e
CASING RECORDS • ' a • • r.s
Plain Casa -,:•::•,7...::.:,::-.",•;12:141;^ t � '
3 ra • ' ','
Size Ki•nd ro •m ..ft t '' r • Lot l l•Size , Kind 01 Ll`lr frog, K 't •••1.:4;,::',-.'•' ' Su ivis,on
its t4,
ti ' (include a number)
---i• •,,:,•,,..;,,,-,.:....-• .Y i .. 'E s.
Size • •, Ktta1? { ft,,:.1-..,,,..
{ • ''''-4� .
• s . � TO BE 1 ADRUPUCATE
•
Per#or� r �, r
G' _ x � Or •
iginal Blue an lcate Green Copy
Size • 1: (In fry ft t-- .must be,filed•wi1lt, • .e'Engineer within
f 30 -days of b w mpleted White
Sizes r.,,
Ki.;-,4;..,-.,-,,•-•.:.•3!-::•:,..!..,.:z fr , ft to w �" copy is for>:flf. €i�Yellow copy.for
Size Kind fro _ft tcS y � f the Drrlier.' 'SAOPY .
'.1 . ,��r �t • • far x„'
FOR , y. ' E SIDE M ,w i.
ii/J .,C �'t -�.S 's �tx 7 r- GJ tyY -,wk's ,f 1•'_,� - _ S,r:..:r.►.*� Lr-.,„,. ::,...,„4,...,,,.......,,,,:......... ,...,,,..,_„....,_..... ..,. • ...,,,...c..„,,.... :,...t,..,.,,.,
. d ' �r • •••:',i'•:1,1=.........:•} , •W,; t 4r#i.'f,::•!;::.%]!;',,:':• ._•,ii,: '-i•',•1..;!•:•.:.:'•..•q•-..1'.Y.••`:S•;:..;•:•;•if,.ai;,:::••••.4,••,:::•':' ,. .giikIteakli7:W•:-:!V4:''':.4:•'-igt.•-re-'••• "" •• •" :• : •••• ::•::••-•:::14;•:• •• . • ••••''''':-'••••41 •^".:r:::!7:''•`-:.
iii.i it y1 4"ii'y'�{y f �" y \ • r r_ "7.>S.
'r �' q •1::-:
f '1'3,•;:''• ' r ," 7• H S' ,'i+y� _�RELb LiJ.G •irc t t•-• v r.' y TT
c is �%r o i k n • How. Dri l led { { 1:
r • •..•;. ?.' 4 f L A tic
e • RiMARKS ` `'k
. ' P+ �i . , • • •14 E;e-F I(ATi kir (suc•h as Camantlnp,• • • ,..
Padciny,-hui off.;etc.)'.` ;r , 7
` G
?,-g ' 464 hm E vi
_
k r , , riot* G
• S
• • a• 1.1 1.,...i, ',.t..1 i
4t F
fN• r{-- 4pt ...,} ..y - 1 •r .. )1 - •:.,1.-.:.:4,...,,,,,,...,..i
J ",vt'; 4,...,•,-..•_.:r.-
1
) t yy j Q • • •• -AA
1: J 4 r. , .dam Ti Q` f;'{ t, {• •, *-7 dtT!M`+'Tit 7t1" ;k t..: >.'1,;.,'„-j..• ...• i` ' '. r r S'� :'Y►�'r.::,dp ':.•� r
y� �t ktt
.. : '-iii^r mss"'. (i.0.0a. hz9� k T7� {7 •ii :7 �. :`� :: - -, ' >;`f
r lTS: .k L
f, `''''''''.1'.'''''''''''''' r '•. N ▪ rY !` !WELT Riii ,s sT TEme I •• • - -'" •';':-S
.I''...'-'7.--•••
;• �,, �r �'ty, t `�,.kf , i y '� , ..,•- : .,: ,� c�) *h .,tif r'�. 1 p .C _
T • a•t � 41 'rids fi ti-O tF e l e in or'm ition is•true and correct fii' it An : tr,�.z �'
'fi �� t 1 Y r r� y J J ! 4-.1-1'4,- S,M• y �
`l •• �L• _ • • • • lye '. •its rkrr � A. J j *,•.•':'-1,':•'.::::::40: t • -
rr ••••;.':•:'''-'.3.• '-.1••,-','i,t 1_,,,7.-.,#:::••••...„.,..•.3a�1Y � ` ,E Sligried • J .:-.:5*.':.::''•:' �r� 1 ., '9 ,•':'1):46N1.' .
J •*T kii w .s ,Cw� r Y# ' .:.r. 4 ; ! t•w; ?•'''"',,./.„. . ^ Avg.t.,
ms`s yam. [ �( .erg `\,f : 4:-;,:.!:...' J) v
a - Y Y 3 - {rt4% t' 'S '}_•y it trd'3 }' ri 1} '''''C':'..':
i`i `�.` • 'li iy ,�'}t7 J•' • i Oki ` � A T • h y �!
. y. '��Y I'2 w q i • : tif 3
1i Mfr -
i
r?; sa f 6p •R j ▪�� ^' S ewr 4 t . fir••. • ( r • �..
III
ii WiErb
Form C Rev. STATE OF COLORADO (LL
:3-62/10M D A PERMIT TO USE GROUND WATER I' s i' ;1:8
��APPLICATION FOR: A PERMIT TO CONSTRUCT A WELL r:
Applicant MI i'a i ` L I l /1 S T(i,21 Li) pi LOCATION OF WELL `':GRAM
County -C---1.? :i(11BFFR
P.O. Address .c.',-I A is' h' ( . /-1 c D$6 r
Quantity applied for 1.1 r, gpm or u of > ,Ii of Sect...).7.7 , Twp. / ,
AF Storage
w Rge. (2, 5 , P. M. OR
Used for p c• A,1 j S 'Tic Purposes 2
on/at �°-4 Street Address or Lot & Block No.
(legal description of land site)
�,o Town- or Subdivision
Total acreage irrigated and other rts. 2
ESTIMATED DATA OF WELL 0 o N
Hole size: 7 i In.to _J ft. v
14, 3 in.to o Cft.
Casing Plain C ` in. from C to `l' ft. '- .Cit....)
o bo`' - - - + i Locate
in. from ?z, to 2-/oft. well in
Open or Pert in. from - to rft. a m ' -�_-., 40 acre
C, in. from ,c;, to f c a ft. u, + - E (small)
PUMP Outlet = ' + square
DATA; Type S113 . HP /:,',t .Size 1 rr w7:1 ' ' as near
as possible.
Use initiation date 7 / Y c' 19_6-`f , t , Large square
(Use Supplemental pages for additional data) _ T is one section.
5-,.W S Q ✓ v
$25.00 fee required for uses other
THIS APPLICATION APPROVED than Domestic or Livestock.
PERMIT NO. 2.1-616
qq 6+ t Applicant /
ISSUED:Agent or
DATE '7 — �.f 19 6 fi Driller .` -�...C(.4.t el, ,.: y,'�:. No. 1:2 .)
Address )` .4?)..—
NOTE — SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF APPLICATION
WELD cuucv z ta1,1n licrtucl t • III
SOE 4t /,}%U
ROONMENTAL PROTECTION ICES LOAN # / 3 J ���--
6th Avenue Court ISDSi�
'reeley, Colorado 80631 REPAIR ��
(303)353-0635 Weld County Health Department . C V E' C
SAM7Ar►ON �7nil,ct���
STATEMENT OF EXISTING FOR SEPTIC SYSTEM �IAY 0 1992
(PLEASE FILL OUT IN BLACK INK ONLY) WELD COUNTY HEALTH DEpI
OWNER OF RECORD: .r V f // ,Th/f'cIQ yv fI/6Iyyyv PHONE:
7-o gala rt..-
MAILING ADDRESS: 2/ to � 9 GJ C/e, r �te., d.So,.� C4,, le,Gy
City State Z p
SITE ADDRESS: pi/ Y 7 /v C,e 4'u Ise„,,, £.dI 7o‘Yz
City State Zip
LEGAL DESCRIPTION: PT: PT: SECTION: 4,7-2 TOWNSHIP: hi% RANGE: 65---
SUBDIVISION: LOT: BLOCK: FILING:
NUMBER OF PEOPLE: BEDROOMS: 42 BATHROOMS: WATER SUPPLY: Ida-.77
RESIDENTIAL / COMMERCIAL BASEMENT PLUMBING: Y N LOT SIZE: re? acres
SYSTEM SIZE: Tank is constructed of ('o H- C1- ere—and has /.,t-,-5—‘) gallons capacity
(material)
FIELD: Bed /06 x (i or Trench square feet. DATE SYSTEM INSTALLED: /777
You are required to draw a diagram of the system on the reverse side of this form in
black ink only and indicate location, length, width, and distance from the dwelling.
The undersigned property owner hereby certifies that the above described septic system
is in fact installed, as described, and exists at this time on the parcel of ground
identified by the above legal description and further states that the system is in good
working order and to the best of his/her knowledge is not failing to function properly.
I further understand that any falsification or misrepresentation may result in revocation
of any permit granted based upon this informat'on hereby submitted and in legal action
for perjury as provided by law.
PU .'',
YD te ' .wn_` : N
• H
`� -9 9Z- z i JpFAFF
8
Subscribed and sworn to before me this ' %' day •of •.. •° "r "92
4 O
C
by ____,:(/N R J-a Rala,m. 71— �vGi-Y rt.-- ,,-7-4,if c(�H.Witness my hand and official seal. My commission expires: 2 �'"07/`'/n
47 -- dl,F — ? .
Date -7,141 . Not ry/ lic
•
STATEMENT OF EXISTING REVIEWED BY:
Env onmental Protection Specialist
Hello