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Home My WebLink About860435.tiff RESOLUTION RE: DENIAL OF RECORDED EXEMPTION NO. 860 - MELVIN AND OLA FAE BRUG WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners , pursuant to its authority under Section 30-28-101 (10) (d) , CRS, did, at a public meeting held in the Chambers of the board, consider the request of Melvin and Ola Fae Brug for Recorded Exemption No. 860 , concerning property which is located in the Nigh SE' and part of the NEQ SE' of Section 29 , Township 5 North, Range 64 West of the 6th P.M. , Weld County Colorado, and WHEREAS, this request was to divide the property into parcels of approximately 45 acres and 5 acres , and WHEREAS , a motion was made to approve the request for Recorded Exemption No. 860; however, the motion failed on a 2-3 vote, with Commissioners Brantner and Yamaguchi voting aye and Commissioners Johnson, Lacy and Kirby voting nay; therefore, the request is considered to be denied. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Melvin and Ola Fae Brug for Recorded Exemption No. 860 be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted on the 30th day of April, A.D. , 1986. ATTEST: (2 tin 2(ALt44Gla✓ WELDBOARDCOUNTOUNCOLOR DOSSIONERS Weld County Clerk and Recorder EXCUSED DATE OF SIGNING and Clerk to the Bo d Jacquel ' e nso Chairman • ( G� cy,, D puty County C erk ,� o-Tem EXCUSED DATE O SIGNING APPROVED AS TO FORM: Gene R. Brantner _ . Gr C.W. Kirb ,..%_ County Attorney Fran Yamag PL oO c/a_ 860435 DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 C. COLORADO April 30, 1986 6/' r y h WO Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, CO 80631 Re: Recorded Exemption #860 Dear Commissioners: This request for a recorded exemption is submitted by Melvin and Ola Fae Brug. The parcel of land on which this request is being made is described as the NW} SEI and part of the NE$ SE} of Section 29, T5N R64W of the 6th P.M. , Weld County, Colorado. The property is located approximately .75 mile southwest of Kersey on Weld County Road 53. The parcel of land under consideration is the total contiguous land holdings of the applicant. The request is to divide the property into parcels of 44.89 acres and 5.06 acres, more or less. Based upon the submitted information and policies of the County, the Department of Planning Services staff recommends the request be denied for the following reasons: The applicant has not demonstrated that the proposal is consistent with efficient and orderly development. The Brugs originally owned two 40 acre parcels in the SE} of Section 29, T5N, R64W. In 1983 a recorded exemption was approved on one of the 40 acres, resulting in two 20 acre parcels. In 1984 there was a subdivision exemption recorded which decreased one 20 acre parcel to 10 acres and added 10 acres to the second 40 acre parcel. To date, both the 20 acre parcel and the 10 acre parcel have been sold with the Brugs retaining the 49 acres, more or less. This recorded exemption application is for the purpose of dividing 5.96 acres off of the 49 acres the Brugs' retained. The Department of Planning Services staff feels that sufficient justification has nut been given to warrant exempting a lot at this time, and that in the immediate vicinity development has reached a level where continued division of parcels would evade the intent of the Weld County Subdivision Regulations. e - Board of County Commissioners April 30, 1986 Page 2 The applicant has failed to demonstrate that the proposal is consistent with the Weld County Comprehensive Plan. The fact that the parcel is .75 miles southwest of Kersey should not allow haphazard development to take place. As stated on page V of the Weld County Comprehensive Plan the purpose of the Comprehensive Plan is for the . . ."general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the county. . .which, in accordance with present and future needs and resources, will best promote. . .efficiency and economy in the process of development, including such distribution of population and uses of land. . ." The applicant has not demonstrated that the proposal is consistent with the intent of the agricultural zone district nor does it comply with minimum lot size requirements. The minimum lot size in the Agricultural Zone district is 80 acres for irrigated land and 160 acres for dryland. Agriculture in Weld County is Considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected residential land uses. The Agricultural Zone district was established to maintain and promote agriculture as an essential feature of Weld County. It is intended to provide areas for the conduct of agricultural activities without the interference and encroachment of other more intensive land uses. Respectfully submitted, Debbie deBesche Current Planner FIELD CHECK FILING NUMBER: RE-860 DATE OF INSPECTION: April 28, 1986 NAME: Melvin and Ola Fae Brug REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the NW} SEI and part of the NE} SE} of Section 29, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately .75 miles southwest of Kersey; west of Weld County Road 53 LAND USE: N Residence, pasture land E Pasture, Weld County Road 53 S Pasture W Pasture ZONING: N Agricultural M Agricultural S Agricultural W Agricultural COMMENTS: Access to the site is from a private drive off of Weld County Road 53. There are approximately 5 residences within one-fourth mile. By: t/ M♦ ___ -Debbie deBesche Current Planner C /O/13 ' ;4623 L-e • ( 4620 ]-f-. 'o y. \ h • 18 17 e_1 . II 1-6I� ' \ • 4 N 1 O3I vel Pit..*I 46304628 Gravel P' 4623 yl — 4684 1 • :47'/ Gravel P ' •• ^ Ia564 .,-- C37) C3 I ;*(ti , I . • X sey �•—� 19 _ ,. P-ACIF70 IBM ' ` .� 21 SPanish.l.:l L4606 ,e° 4625 1.-' i —'--._---- / , .�-fL, ;ii Village': :I• ' Up10N � � ; •o J S�\1 111 { . / A r I�' _ .. / / /� e ; _ 467a= � . I ��' i J 1 •i'eI �—�.�, w �� i4o� it::\ �� die, �•- o, _ ,o\ �� o 9�� \\ 4! \%� x —_ J%T3J * v ii -1 4J29I �� O0 �/ / _J� 4630, �I� �/7 V \ „ `' I I r 0 _ . So ti I A�--___�� •I_ ArkX 14639 �/ c 4➢45 � . - - xy- k. I( _ 32 o 4\7 74 31 �4770, 4OA V - - 3J y4652 �K 47 / `, /-\ / .C970 o �: . G it •.;... It ' • :4. 44.6---r1/42- l/I\� 1 D t 1 0., ors , N.: -:.;.- i, ,.,:- r c't -1 c€t), 414 Tx sS \ . ,,, 1,' ;‘, ..,;.,- , :,•.: . .. . . . ;" .., ..: Y ' • a . 9 ++ lrr -. : ` :.T.'.':'{;:. ` • . 'i-',-,4 M , T �1< /i 1. ��`y/r�y {.P 2'S. ' , •'w� i:-),II., ...{{SS,µ. ;... � � ..i •;l i T / �•L a`:. Y i, alb , �P .. . •. • '. , N7 it f , (y�e�}�(; :1 i -' r ri3 t ': f RRA �ll 964.4 yi s , t si � • o ` F. i ., f re. 1 n aV 1�f , • =.t: I. • '..i . \:.:1/4' .,.,.,,,-,...L.: f3F5 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Melvin and Ola Fae Brug Case No: RE--860 Legal Description: The NWk SE} and part of the NEI SEA , Section 29, T5N, R64W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 44.89 acres Small Lot Size: 5.06 acres Criteria Check List Meets Criteria Yes No X 1 . Consistent with the intent of the zone district. X 2. Compatible with the existing surrounding land uses. X 3. Compatible with the future development of the surrounding area. X 4. Complies with Overlay District Regulations. X 5. Complies with minimum lot size requirement. X 6. Complies with the Weld County Comprehensive Plan. X 7. Consistent with efficient and orderly development. X 8. Lots accessible from an existing public road. X 9. Adequate water supply. X 10. Adequate sewage disposal in compliance with requirements of the Weld County Health Department. X 11. Lots are not part of a recorded exemption approved within less than five (5) years previous, are not part of a subdivision, or are not part of a Minor Subdivision. X 12. Does not evade the Weld County Subdivision Regulations requirements and Statement of Purposes. DISAPPROVED It is the opinion of the Department of Planning Services that the applicant has not met the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations and a he ring befor the Board of County Commissioners has been scheduled for � `z �T /' n (o to consider the application. date 9'ic0 19-ni By l��l. JC p C64.bade Date 3/272,--2 'Rev Current Planner fl." APPLICATION FOR RECORDED EXEMPTION PHONE: 356-4000, Ext. 4400 Department of Planning Services, 915 10th Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: APPL. FEESA4oro 1 a, .( CASE NO. Re' 2'Gd RECORDING FEE ZONING DISTRICT AL RECEIPT NO. 1413 DATE 3111010 APPL. CHECKED BY CSC.. TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: NW Vy o+-1-&c.. 56(44-6- east V. 4....41. pa..+- e-C +ke /SE I/.i of t.e SE 1'y of scc. 29 Ysiy R(.9 w of the Gr." Rill Wel4. Co 1444.4y4 Colo , ( Caviar(eke. (12 c sc e p-i ca.4+x.kc€11—-) TOTAL ACREAGE: 49 .94c Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No K Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes )( No FEE OWNERS OF PROPERTY: p /� Name: MP 10 ;v% r Ota rue_ l rtl Address: c S3SS- (.C) C124 S3 - I<erse>:f Colo Phone: ,3,5a.-fl7/ �7 7 Name: . r 11 Crk Address: Phone: I i', 1: 1980 Name: r -'� Address: Phone: Weld Co. Planning Commission WATER SOURCE: Larger Parcel CCv'kw.l Ided6L Smaller Parcel Cevuerre_1 u iridl TYPE OF SEWER: Larger Parcel S eirh. . Smaller Parcel Sep}:c BROPOSED USE: Larger Parcel C11ru..l}urc Smaller Parcel 14'ricwlfut C. ACREAGE: Larger Parcel y.4, g9 Smaller Parcel S•o L EXISTING DWELLINGS: (Yes or No) ley, (Yes or No) No I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. . . , COUNTY OF WELD ) STATE OF COLORADO ) n� Signature: Oc3fier or AuttbQr sd Agent )11 Subscribed and sworn to before me this /1.1 day of (l. ,r ( _ , 19_(. (SEAL) Potary Public 7.10 /(`-4" lie,u.L; 1//O My Commission Expiresa,li. 7� /9,52y,52y j' t ro.,"«n NIT*4 3 DEED OF TRUST The Federal Land Bank of Wichita Loan No. 984315 9-0 Fl_BA-&. No. 565-0 DAT�F, THIS DEED OF TRUST is made on this 17th day of January t9 85 PARTIES. The parties to this Deed of Trust are: Melvin Brug and Ola Fae Brug, his wife whose address is 800 South First Street, No. 50, Kersey, Colorado 80644 County of We lei ,State of Colorado,who throughout the deed of trust will be called GRANTOR,and the Public Trustee Df Wald County, State of Colorado, hereinafter referred to as the"Public Trustee". a AMOUNT AND TERMS. The GRANTOR has made a promissory note payable to the order of the Federal Land Bank of Wichita,Wichita,Kansas,a corporation,as beneficiary of this deed of trust and which throughout this deed of trust will be called the BANK.This promissory note is dated the same day as this deed of trust and is in the principal sum of$ 60 000.00 and is payable in installments, (the last installment is due February 1st 2015 )with interest as shown in the promissory note.The promissory note states the interest rates on the principal sum, and it also provides for future changes in the interest rates. • PROPERTY CONVEYED. The GRANTOR, to secure his promissory note, does by this deed of trust grant and convey to the said Public Trustee the following property situated in the County of We 1 A , State of Colorado described as follows: abe Northwest Quarter of the Sou �= SE1/4) and part of the Northeast Quarter of the s r • 1/4 SE1/4) of Section Twenty-nine (29) , Townsili Pi_ (p) -tlorth, .;Range Sixty-four (64) West of the 6th P.M., Count( f.:W21d, State of Colorado, being more particularly described as follows: Beginning at the East Quarter Corner (E1/4 Cor) of said Section 29 and considering the East line og the Southeast Quarter (SE1/4) of said Section 29 to bear South 00 04'44" East and with all other bearings contained herein relative thereto; thence South 00°04'44" East, 1314.66 feet; thence South 88°57'06" West, 663882 feet to the True Point of Beginning (T6P.O.B.); thence South 88 57'06" %bat, 1977.33 felt; thence North 00 02'26" West, 1319.92 fegt; thence North 88 54'40" East, 1319.80 feet; thence South 00 03'48" East, 660.80 feet; thence North 89 13'07" East, 657.75 feet; thence South 00 04'44" East, 657.75 feet to the True Point of Beginning. TOGETHER with a sight of ingress and egress over the Northerly 40 feet of Amended Lot E, of the Amended Recorded Exemption No. 0963-29-4-RE 659, recorded April 18, 1984 in Book 1027 under Reception No. 1963512, Weld County -Records. Containing 50 acres,more or less,and including,whether or not owned by GRANTOR on the date of this deed of trust, or acquired by GRANTOR after the date of this deed of trust,or whether now or later located on or appurtenant to the real estate described above: All improvements of any kind and character; all equipment, and fixtures; all easements, rights of way and reversionary rights;all privileges,hereditaments and appurtenances;all water,irrigation and drainage rights; and all abstracts or other evidence of title; all of which shall be considered to be a part of the security under this deed of trust. This Conveyance is subject to any existing easements, rights of way,and mineral interests or mineral leases owned by third parties which were validly reserved or conveyed and are now of record. DECLARING-A VIOLATION ANDTERIV 1F SALEBY PUBLIC TRUSTEE. The Public Trustee will have and holdall..,c property conveyed by thisideed of trust in trust,so that in case there is a-default in the payment of the promissory note,er any.part of it,or of the interest due-n it,or in case the promisesand,conditions set out later in this deed of trust are not performed,the BANK-may-declaresviolation-of such promise-conditionand-may file notice with the Public Trustee declaringsuch default or violation and that_BANK elects and demands that theproperty be advertised for saleandsold in accordance with the laws of the State of Colorado.The Public Trustee-will then sell the properly,in themannerprovided by law,at a public auction,for cash,to be held at the main entrance of the courthouse in the County where the-roperty is located,-or on the premises of the property,or any part of it,as may be specfied in the notice of such sale,for the highest price obtainable.Tour weeks notice will be given prior to the-sale by advertisement once a week in-some newspaper of general circulation which is at the time published in the County where thesale will be held.This notice-will give the time and place of sale.Copies of this noticeshall be mailed in accordance with the laws of Coloradogoverning sales of real estate bya public trustee. Out of the proceedsMf the sale the-Public Trustee shall first pay or retain all fees,charges and costs for the sale,then all amounts due for taxes or other assessments,and then pay to the BANK the principal and interest due on its note according to the terms of the note and all amounts advanced by the BANK for insurance,taxes and assessments,with interest on these-advances at the rate provided in the note,and a reasonable attorney's fee,if any was incurred by the BANK in pursuing its rights under this deed of trust.Following the period -of redemption,the-Public Trustee shall issue to the holder of the Certificate of Purchase a deed to the property sold,The BANK may purchase -any property sold under this deed of trust at the sale,and may use as its bid the amount due under the terms of its note and this deed of trust. -PROMISES BY GRANTOR. The GRANTOR promises as follows: 1. TITLE. To be the owner of fee simple title to the real estate described above and to be the owner of unconditional title to all other property conveyed by this deed of trust;to have a good right to convey said property;that all property is free and clear of all liens and encumbrances;and to guarantee and defend title to all property which is the subject of this deed of trust against the lawful claims or demands of all persons not parties to this agreement. P. USE OF LOAN PROCEEDS. To use the proceeds from the loan secured by this deed of trust solely for the purposes stated by GRANTOR in GRANTOR'S loan application. 3. PAYMENT. To pay when due all-payments as set out in the note secured by this deed of trust. 4.TAXES AND ASSESSMENTS. To pay when due all taxes and assessments lawfully levied-or assessed against the,property - conveyed by this deed of trust,and also to pay all claims,liens,judgments or encumbrances which may be or become prior to this deed -of trust. • S.•INSURANCE AND ITS PROCEEDS.To insure the buildings and improvements now on,or which may be placed on,the real estate 'described above,and to keep such buildings and improvements insured against such hazards and in such amounts as the BANK may ' require.The policy of insurance shall contain a loss-payable clause in favor of the BANK,as its interest may appear.If there is a loss, and if the payments on the note secured by this deed of trust are current and if there is no violation of the terms of this deed of trust by the GRANTOR, any sums received by the BANK for loss under the policy may be used to-pay for reconstruction of the destroyed buildings or improvement(s);if not so applied, or if there is a violation of the terms of this deed of trust by GRANTOR, then,at the BANK'S option,any sums received by the BANK may be applied in payment of matured debt,or as extra payments on unmatured debt in the manner provided for in the promissory note secured by this deed of trust. B. COMPLIANCE WITH LAWS;REPAIR,WASTE,REMOVAL.To comply with all laws,ordinances,regulations,covenants,conditions • rod restrictions which affect the security;to keep the security in good condition and repair at all times;not to commit or permit waste of -pi:nuisance on the security,nor to permit unreasonable depreciation of the physical condition or value of the security through erosion, . insufficient water supply,inadequate or improper drainage or irrigation,or any other cause;or,unless written consent of the BANK is ;.-first obtained,not to cut or remove,or permit the cutting or removal of growing timber,except for domestic purposes;nor to remove or • p• emit removal of any improvements, except for appropriate replacement. 7. R• EIMBURSEMENT OF COSTS AND EXPENSES TO BANK.To promptly reimburse the BANK for all costs and expenses which the BANK may incur in any suit to foreclose this deed of trust,or in any suit in which the BANK may be obliged to defend or protect its lien or ' .' any of the other rights it may have under this Deed of Trust, including all abstract fees, all court costs,a reasonable attorney's fee • :where allowed by law,and all other expenses.Any expenses so incurred by theBANK shall be secured by this deed of trust and shall • .' be paid out of the proceeds of sale of the property,and may be added as advances to the loan balance when paid,as provided in the section labeled "ADVANCES", below. *?.'LIFE AND/OR DISABILITY INSURANCE;APPLICATION OF PROCEEDS.To obtain and maintain life and/or disability insurance in •an amount as the BANK may require in its loan commitment or in any later loan servicing agreement between GRANTOR and BANK. The insurance policy will provide that all insurance proceeds are to be fully payable to the BANK.All such proceeds shall be applied, • ttrsi,to the payment of any matured indebtedness due theBANK,and,secondly,toward payment of the unmatured principal amount due the BANK.Any insurance proceeds remaining after full satisfaction of the BANK'S debt shall be forwarded to such person as '•{GRANTOR may have designated in the insurance policy,or if a person is not designated,to GRANTOR or to GRANTOR'S successors • in interest, and the BANK shall be held harmless in, and incur no liability for so doing. • 1. ;. AtfS,NMENT OF MINERAL INCOME AND DAMAGES. provide for payment of the debt secured by this deed of trust,GRANTOR hereby assigns to the BANK all sums of money which are now 4uear hereafter may become due to GRANTOR for claims,injury or damage to the security from any cause,and also all sums which are now d up 4Irhereafter may become due to GRANTOR-as rents,royalties,bonuses or delay rentals under any oil,gas or other mineral lease now xxistifip,pr hereafter entered into by GRANTOR on the real estate described above.To assign payment of these sums to the BANK, I39ANTOR agrees to execute-and deliver to the BANK any further instruments which the BANK may require.At the BANK'S option,sums paldtQ it by virtue of this assignment may be released by the BANK to GRANTOR,and release of any such sums shall not prevent the BANK frorn receiving payment of any other sums under this assignment. If not released by the BANK to GRANTOR,such sums may be applied to pay ar{matured debt owing to the BANK, or, if no matured debt exists, such sums may be applied as advance payment of principal, according to thu provisions of the promissory note described above. Release of this deed of trust shall automatically terminate the BANK'S right to receive any further sums under this assignment. • m..as .Ir,.a...i.a�a..,tl@sou uv"`+,`i bolt 7.ntraydg3 ' e #Ik;? '.YNVAll0.NY.�WriN:iY3 rGl,.vl...i•., t • ADVANCES. In the event GRANTOR does not pay wf. due any costs incurred for abstracting,surveys, .a curative work and recording fees which are to be pair by GRANTOR-as provided for in the application or commitment for this loan,or in the event GRANTOR does not pay when due any taxe%!lawful liens,judgments,assessments or othertharges which GRANTORpromises by the terms of this deed of trust topay,or in thetvent GRANTOR does-not maintain insurance as provided for in this deed-of trust,theBANK7nay makesuch payments oriprovidesuch insurance,andeach payment which the BANK makes on-any of these itemsshalltecome a-part of the debtsecured by this deed of trust and be added onto GRANTOR'S loan; however, any sum so paid by the BANK shall immediately be payable by GRANTOR and shall bear interest from the date theBANK advances such sums until the date2RANTDRtays them,as provided for in the promissory note described above.The BANK shall be the sole judge of the legality,necessity or propriety of making any_such payment or providing-any such insurance, and shall be held harmless and incur no liability for so doing. ',REACH OFR"ROMISES IN THIS AGREEMENT; ACCELERATION OF DEBT. In the event GRANTORdoes not comply withany of the promises contained in thisdeed of trust,Mr does not do any of the acts which GRANTOR agrees to do under the terms-of this deed of truster in the event GRANTOR makes an assignment for the benefit of his creditors, or if a receiveror trustee is appointed to take charge of the GRANTOR'S property,or if-any proceedings are commenced which might result in loss or reduction-of the use and enjoyment of the security for this loan,or if atany time the BANK shall deem itself insecure,then the BANK may declare a default and the debt secured by this deed of trust shall immediately become fully due and payable and bear interest as provided for in the promissory note described above and this deed of trust shall become immediately subject to foreclosure.The BANK may, however, at its sole option-and without notice,waive such acceleration, but no waivershall prevent the BANK from again accelerating the debt-based upon-a later breach of the promises contained in this deed of trust. CHANGE-OF OWNERSHIP. In the eventofachangeofownershipthepropertyconveyedbythisdeedoftrust,theBANKmaydeclareadefaultandthe-debt secured by this deed of trustshall become immediately due and payable and bear interest as provided for in the promissory note described above and this deed of trust shall become immediately subject to foreclosure, unless the BANK has given its writtentonsent before suchehange,Dr unless the change was the direct result of the death of GRANTOR."Change of Ownership"means a voluntary or involuntary transfer of title to the property conveyed by the deed of trust,or an y part of it or interest in it,and includes any change in the entity structure,control,operation or ownership which would make GRANTOR ineligible to borrow from the BANK under the regulations of the Farm-Credit-Administration in elect at the time of such change.Regardless of whether a change of ownership appears as a matter of public record,theBANK will have 60 days from the date of receiving a written notice of change of ownership to accelerate the debtand if the BANK does not do so within this 60 days its right to accelerate the debt shall expire. RIGHT TD$RNTER UNOCCUPIEDFREMISES IN TIME OF EMERGENCY AND- MAKE REPAIRS; ADVANCESFOR REPAIR. II this deed of trust is subject to foreclosure, and if the property conveyed by this deed of trust reasonably appears unoccupied to the BANK, and if the BANK determines that an emergency-exists, the BANK may go upon the property for the sole purpose of repairing, preserving or protecting its security without becoming a mortgagee-in-possession.Any advances made for these purposes shall become a part of the debt secured by this deed of trust,and become immediately due and-payable in the same way-as other advances are dealt with, above.The BANKshall be held harmless in, and incur no liability for doing the things provided for in this paragraph,and shall be the sole judge of the necessityand propriety of so doing. • CONDEMNATION-OR CONVEYANCE IN LIEU OF CONDEMNATION. The proceeds of-any awar4eompensation or claim for damages,direct or consequential,in connection with any condemnation or other taking of the property-conveyed-herein.or any part of it,or for a conveyance in lieu of condemnation,are herebyassigned and shall be paid to theBANK. Any money so received may, at the-option of the BANK, be applied,in part or in total,on the debt secured by this deed of trust, whether due or not, andany money not so appied will-be returned to GRANTOR. FORECLOSURE:ENTITIEMENT TO ABST-RACT., RECEIVERSHIP, RENTS-AND PROFITS. In the event this deed of trust is foreclosed, the BANK shall be entitled to all abstracts and other evidences of title,to havea receiver appointed by the Court to take possession of the security to collect rents and profits,and all amounts so collected shall be applied,under the direction of the Court,to the expenses of the receivership, and to payment of any judgment rendered or any amount secured by thisdeed of trust. Any Court of-competent jurisdiction may appoint a receiver upon ex parte application and without-notice, and GRANTOR_expressly waives such notice. BANK'S RIGHTS IN LOAN SERVICING. This deed of trust is subject to the-Farm Credit-Act of 1971.as amended,and the regulations of thefarm Credit-Administration.The BANK shall have the right,at any time and without notice,to grant extensions,deferments,renewals,or reamortizations of all or-any part of the debt secured by this deed of trust,to release from personal liability any party now or hereafter personally liable for repayment of the-debt secured by this deed of trust, and to request the Public Trustee to release all or any part of the property conveyed by thisdeed of trust, all without affecting the provisions or priority of this deed of trust on the security which remain or theiersonal liability of any party not specifically released from liability. WAIVER OFELECTION,STAY,VALUATION AND HOMESTEAD,OF REDEMPTION RIGHTS WHERE ALLOWED$Y LAW,-AND OF THE BENEFIT OF-ALL APPRAISEMENT LAWS. nRANTORty signing this deed of trust,waives notice of election to declare the debt due,and also waives the benefit of all stay,valuation and homestead laws. Where permitted by law, GRANTOR also waives all rights of redemption as to any corporation or partnership-which may succeed to GRANTOR'S interest in the propertyeonveyed in this deed of trust,and,if GRANTOR is a corporation or partnership,waives its own rk its of redemption.GRANTOR also waives,where permitted by law,the benefit of all-appraisement laws at the option of theBANK, which option is to be exercises-no later than at the tin. df judgment in foreclosure. r, ,, THE PROMISES AND AGREEMENT CONTAINED IN THIS DEED OF TRUST SHALL BE BINDING UPON THE HEIRS,EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS OF ALL PARTIES TO THIS DEED OF TRUST. Melvin Brug Ola Fae -Brug ACKNOWLtDOMENT STATE OF Colorado 1 ) ss. COUNTY_OF Weld ) The foregoing instrument was acknowledged before me this day of , 19 by • Melvin Brug and Ola Fae Brug, his wife Nary Pubic My commission (appointment) expires: Feb- 26.. 1987 Notary's Address: 127 22nd Street Greeley. C-olorado -80631 m 8 o v U O • Cfi : r,.toms., F" d -01 C A CO O a CC P 70 tc hU. 92 c (� m r�SS O o en =° x m gi Y w a i •c 0 3 c g 45 3 ° n i /r LL O E m C, J�� ri 2 F °j F Z C > A�S w a O N w \l F- O s CENTRAL WELD COUNTY WATER DISTRICT March 5, 1986 Melvin & Ola -Fae Brug 25355 Weld Co. Rd. 53 Kersey, CO 80644 RE : Water Service -Dear Mr. & Mrs. Brug: This letter is in response to your request for the availability of additional water service for the following described property : See attached Legal Description: Water service is presently available to the above described property by tap number 850 . Additional water service c-en be made available to this property provided all r-equirements of the District are satisfied . Central Weld County Water District require-s that contracts be consumated within one I1 ) year from the date of this letter , or this letter shall become null and void unless extended in writing by the District . Very truly yours , CEN'T'RAL WELD COUNTY WATER DISTRICT ;1-1 Lorene G . Hirsch Office Manager LH/caa 2235 2nd Avenue • -Greeley,Colorado 80631 • (303)352-1284 • Dale D.Olhausen,Secretary-Manager LEGAL DESCRIPTION: PROPSf`Y IMPROVEMENT L' ;ANION PLAT Melvin & Ola Fae Brug 25355 W.C.R. 53, KERSEY, CO E 1/4 COP. Tap #850 29-5-64 ,. N88'54'-40'E 1319.00' -Is N89°13'07"E ___L3 .9 1 " 1 h m 1 4 30 1 v 0 - a m Cr) 1 til 9C° II 49.95 ± ACRES a I w of j M 0— ,OFF a 90thArtr —�� is N89°13'07"E 1321.13' i _ 4 pi INGRESS/EGRESS 10� -3 M -a � a iv0 ' -`t -n SCALE: DETAIL ___ 0 I--- SEE I I"- 400' O BELOW �'yy '� a0 N. II 1 0 s// F Z o co 301 ESMT. S r 1977. 33' -- X3.82'- S-88'57'06'4 241. 15' `T. P0 k 3 j DETAIL z 3 IMPROVEMENTS es. `� SCALE: I"= 30' LEGAL DESCRIPTION ■- FOUND PIN h� 1-STORY a FRAME -co 96- The Northwest Quarter of the South- W/ BSMT, east Quarter (NWL SE'4) and part of the Northeast Quarter of the South- 1 east Quarter (NE1 SE ) of Section 29 , Township 5 North , Range 64 West 32,), �0.) of the 6th P . M . , Weld County , Colora' being more particularly described as a follows : y w S2 1I Beginning at the East Quarter Corner :1 (E! Car) of said Section 2-9 and con- 36.41' ;o sidering the East line of the South- °i east Quarter (SEL) of said Section 21+ 4, % to bear South 00°04 ' 44" East and will a- all other bearings contained herein METAL - relative thereto ; thence South 00°04 ' v BLDG. 4' 44" East , 1314 . 66 feet ; thence South 88°57 ' 06" West , 663 . 82 feet to the 175.71' -.. ,�. * TRUE POINT OF BEGINNING (T . P . O . B . ) ; thence South 8-8°37 ' 06" West , 1977 . 33 ' ti m : ° m thence North 00°02 ' 26 ' West , 1319 . 92 , I N " 157 N K thence North 88°54 ' 40" East , 1319 . 00 '; co x y t4rnce South 00°03 ' 4$" East , 660 . 00 ' ; ; thence North 89' 13 ' 07" East , 657 . 35 ' ; thence South U') °04 ' 44 " East , 05 / . 75 feet to the TRUE POINT OE BEGINNING . Together with a right ,+ f ingross and egress over the Northerly 40 feet of Amended Lot li , of the Amended Recorded Exemption No . 0-963-29-4-RE 659 , recorded April 18 , 1984 in Book 102 / under Reception No . 1963512 , Weld County hecords . SURVEYOR ' S CERTIFICATE. To the Lienholder8 and /or the owners of the premises inspected , and to ?lelvin h Ola Yoe Brug / Stewart Title Co. The undersigned does Lerebv certify that the inspection made this day on the ground of the property legally described hereon and is correct , and that there are no visible discrepancies , conflicts , shortages in area , boundary line conflicts , encroachments , overlapping of improvements , ease- meats or rights-of-way in evidence or known to me , except -as shown hereon , and that said property has -access to and from a riedicated roadway . The foregoing is shown with an accuracy necessary to satisfy the -needs of -a lendor or insuror . This plat is not a boundary survey and is not to b_e usEd for -any purpose whatsoever other than those specifically stated above . `..' JASPER FREESE , C-olorado Y . E . & L . S . 439: 2505 6th Ave„ Greel-ey , CO 8_0631 : PROJECT NO. L985-2 -FREESE EN2INEERING DATE OF SURVEY: HI -85 h,arch, 10, l ;.5 To the field County Department of yl -nninr;: ':fie are requestina a recorded eicenption on this property for the _UTp0ss of buildin.,t new home on the 5.P5 acres. (Hee attached leral description and. slat) This recorded e cemption is consistent with ins policies of the geld Coimti. Comprehensive ip].an wink re s-rd to lot size and zo s._;, and is also consistent with the Kersey Comprehensive elan. The proposed lot would remain zoned for a aiculture as are all lots in the su;rromzdin'n•; anon,. The subject property will be cone sole with the future hur'e development pent of the area since the co.ji euensive plan calls for rp icultore and residential in this area. The area is Presently used for small apric ;.li,..ral tracts and the division oh this land will not deter from the present develop mend of tha a;oca. The water supply for the property will be furnished by Central Weld_ County Water District. ,aewti -e disposal will be a septic system. The subject ronercy does not lay in a flood slain, peolor,ic haz-rd, and/or Weld Co. ` "?.�. �_ort overlay district said theapplication complies with section 10 overlay district repalation> as outlined in the leld Co. Zoninc Ordinance. --lvin end Ola Fue Deno -...a •� fv } rl A. x 13 '4`: I i4' i y Cam' 3' . 0` 7' 6' f is S ;x s Y tit) r•.., tiY. • --- — ---.;.- �� j u ,i -. <4 • fi c t '--...4I I'V'>`_.. J t �� , g f i i la re •-ti t i ;f t' . .. .. - I 1.}1 �. 1 ......._ ...... ---•—� tr- gr .. . . . . _� . , s § y ra 9 , am / t \\ \ tl p / 2 3 E ! \ ` \ . / \ + .� . ) . . .:ra G \{ I ' LA \\ \ z\ \\ \ jl \ 1\ } \ / . < / ..... S , 2 - : ! y > \ \ `< - • ^ \ « < / k \ q \ ® 2 / \ « f 2 \ } ` © w ; 2 p , . -® a F- 0 © 2 ; + 0 } - - — » . � . 2 : ; ; < A ` • ^ 1 ? 3. 2 \ / I.- ii i � . ' to \ e w \ \ g , i -. /\ \ir | , .. . ... . % < , .. . . ..y AMENDED RECORDED <EMPTION N9 0963 S-4- RE- 659 Nio-re: ALL ARF&5 ARE COMPUTED U51NG FIELD DISTANCES AND INCLUDE ROAD 2-0-W. 5W.TIO11 OF$ESS ST nie FO11.3O �IGES. 1 QED 0NiJAIS L. WMEAT Wu DOK1E � L . 24&8 5U VE( 2-45-83. EMFIiT 363 a.4a 4 N o 1 Cu 0 o LOT (Ai = 2O.O1± ACRES to o = I0.00 ACIZE5 ' 10.00±:j o 3 AbAENDED LOT 'B Lo IOTAL = 30.01 ACRES CS x ' I Dd.{./)- w w �" x i 0 04. Onmer " a SCALE: Ii1=40O 29 5 S w I cocoo z NI.Sa'5414d"E 1520.6a R. 1319.0o'M. 14.89'13'47"E. 1320k9 R. 1320.95 M. W ri H .� � w •cr0 E CW IOTA S 1 z 20.01 ACRES �' rig a o lFO.B. N z SE 214 8 X1.89'13'07'E. 1321.13' c.T.1 ccw z 49.9 5 ± ACREs /Nf+,F f,/IA/D d0 Um-i Y EAtcMeM1 I m ��ss �— Co(03.78 N N cDN3 5.8$13107d W. (057.35' 3 - NAEMVED --,9u; cciw N 10 -LACES ,S 08 -- 6,103.t2I orf tesFl..ra,rr 7 5. 88'57'O(,"W. 21044.15' M. 21012. 17' It. W y : OWNERS : 19 20 ,,, 21 • MWv1N i as FAE bRW 25425 WCR. 53 T5N. KER5EY, CO. 801044 3 ac • 29 No nG 50 5 , an'w ' Lu ./-• . in �c 5E 214 —" 3 :=''`tee zyi1/2 AMENDED 1.6f'3' . . b west 52 �� 3I a i 32 33 VICINITY MAP - _- PURPORTED COPY FRECCC EAIGINEERING - 1984- 1-2 IAMENDED RECORDEL EXEMPTION Na 09 3-29-4-RE- 659 LEGAL DESCRIPTION 04• 4/ Part of the Northeast Quarter of the Southeast Quarter (NEU E1/4) of Section 29, Town— ship 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado being more particu— larly described as follows: Beginning at the East Quarter Corner (E% cor) of said Section 29 and considering the East line of the Southeast Quarter (SE') of said Section 29 to bear South 00°04'44" East and with all other bearings contained herein relative thereto: Thence South 00°04'44" East, 1314.66 feet; Thence South 88°57'06" West, 663.82 feet; Thence North 00°04'44" West, 657.75 feet; Thence South 69°13'07" West, 657.35 feet; Thence North 00°03'48" West, 660.00 feet; Thence North 89°13'07" West , 1320.95 feet to the True Point of Beginning (T.P.O.B.) Said described parcel contains 30.01 acres, more or less. LEGAL DESCRIPTION LOT "6" Part of the Northeast Quarter (NE' ) of the Southeast Quarter (SEA) of Section 29, Township 5 North, Range 64 West of the 6th P.M. , Weld County, Colorado being more particularly described as follows: Beginning at the East Quarter Corner (EZ cor) of said Section 29 and considering the East line of the Southeast Quarter (SEn) of said Section 29 to bear South 00°04'44" East and with all other bearings contained herein relative thereto: Thence South 00°04'44" East 660.00 feet to the True Point of Beginning (T.P.O.B.) Thence South 00°04'44" East, 654.66 feet; Thence South 88°57'06" West, 663.82 feet; Thence North 00°04'44" West, 657.75 feet; Thence North 89°13'07" East, 663.78 feet to the True Point of Beginning. Said described parcel contains 10.00 acres, more or less. SURVEYOR'S CERTIFICATE I hereby certify that I have prepa'rr this legal description. C4.• ".SrniZS/aiLI 392 • 3 3A JPE' FR SE �t �'� : Col:ra. . P.E. & L.S. 4392 ray d j₹tlY,Ti&T : , T,ERS' APPROVAL We, Melvin Brug and Ola Fae BruRT£ F Est';`' 1st the sole owners in fee of the above described property do hereby subdivide the same as shown on the attached map. -252221.- 2-?-r " - r(57 Melvin Brug Ola Fae Brug Theforegoing certification was acknowledged before me this /Q day of 1984. Witness my hand and seal. My Commission expires: Sit/Lew) kid-%-h Notary Public o / {� (/ COUNTY COMMISSIONER'S CERTIFICATE The accompanying plat is accepted and approved for filing. ATTEST: -�J , t7lntiv� t "N/'d CHAIRMAN County Clerk: 1 Board of County Commissioners , • ° By Dated: / ?^ 4 ` ts•11<. ? FEE E1.SIEER11J0 - 1954- 1-2 REFERRAL LIST APPLICANT: Melvin and Ola Fae Brug CASE NUMBER: RE-860 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: April 11, 1986 NO SR NR NO SR NR County Attorney X Weld County Health Dept. Engineering Department County Extension Agent Office of Emergency Mngmt _ State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 State Highway Department 1420 2nd Street Greeley, CO 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X Town of Kersey Betsy Holder 1 P.O. Box 67 Kersey, CO 80644 NO=No Objection SR=Specific Recommendations NR=No Response wC Loa DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 WI I II MAR 25 198 • ! f a Br COLORADO CASE NUMBER RE-860 March 24, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Melvin and Ola Fae Brug for a Recorded Exemption. The parcel of land is described as Pt. TM SE} and Pt. NE} SE} of Section 29, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 3/4 miles southwest of Kersey, west of Weld County Road 53. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 11, 1986 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. e/J We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitte prior to 3. Ple fer to the enclosed etter. Signed: 1/ 6 Agency: / Date: el ///7/, i De^"^bbbbf__e deBesche 11-1\)C -'' " Current Planner I, Weld tn. Plato enmtuI ion / DEPARTMENT OF PLANI ,,.4G SERVICES 't '10 15a[\iY7 PHONE(303)356.4000 EXT.4400 •• IH 91510th STREET • 1 �98b GREELEY,COLORADO 80831 W e Weld Co. Planning Comrmssbai, CASE NUMBER RE-860 COLORADO March 24, 1986 TO WHOM IT MAY CONCERN: Enclosed is an application from Melvin and Ola Fae Brug for a Recorded Exemption. The parcel of land is described as Pt. NW} SE} and Pt. NE} SE} of Section 29, T5N, R64W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 3/4 miles southwest of Kersey, west of Weld County Road 53. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would I be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by April 11, 1986 so that we may give full consideration to your recommendation. 1. xx We have reviewed this request and find that the request does (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. A formal recommendation is under consideration and will be submitted to you prior to: 4. Please refer to the enclosed letter. Signed: ,�=Z /( _ ,_2 270 j�� Agency: Town of Kersey, Colorado Date: 4/15/86 Thank you very much for your help and cooperation in this matter. 0iiB deBesche Current Planner H �I I I I I I l�' m 4 4 ! I I I I I II r In v , w r a o h I a 1 a I 2 0 !! O a p I J. I, 0 q m a a I t v O 5, '� I I I !II v c _, w : i I IW stl I I I. V 0 g a s N i gi; O • Z. b ' N U j _• I I U , I o • I ! 4"19 N• i sa:_ss T1t`nl�, ssaY%3-Stabt, ratodoi �i , g � 7- � y O Q 12 o!II i 2 ib,.. .:\i,,, • I 1 g J 0 I \11 a d I ti VIII ! 'I I I I m I o ! A I 11 iI ! "J t O i ! ' j I i p L szsao9� -ss-9zr9(S: , C ; I I I I I a J ,.5 I i I , Hello