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Home My WebLink About900152.tiff RESOLUTION RE : APPROVAL OF RECORDED EXEMPTION NO. 1231 - ARTHUR B. AND JEAN A. ROBBINS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101 (10) (d) , CRS, as amended, did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Recorded Exemption No. 1231, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land" , and WHEREAS, the request for Recorded Exemption No. 1231 was submitted by Arthur B. and Jean A. Robbins for property which is located in part of the Ni NW} , Section 24 , Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A" , said plat to be recorded, and WHEREAS, this request is to divide the property into parcels estimated to be approximately 73 acres and 1 acre. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is , exempt from the definition of the terms, "subdivision" and "subdivided land" . BE IT FURTHER RESOLVED by the Board that this approval is subject to the following conditions: 1 . The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be drawn in accordance with the requirements of Section 9-2C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted within sixty days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees . 2. A Weld County septic permit is required for the proposed home, and its septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 900152 Page 2 RE: RE #1231 - ROBBINS 3 . An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 4 . The following note shall be placed on the recorded exemption plat prior to recording the plat: At the request of the Division of Water Resources, the following conditions and restrictions shall be complied with: a. The property has not been previously subdivided or exempted since 1972 . The Division of Water Resources considers this a one-time exemption and will not make additional permits available for future splits of lots less than 35 acres; b. The well permit which will be available will be limited to use inside one single-family dwelling only. Outside use for lawn and garden irrigation is prohibited; c. Prior to the issuance of building permits, the applicant should provide proof to the Division of Water Resources that an evaporative wastewater system will not be required. The Division of Water Resources will not issue the well permit if any evaporative system is required; and d. Prospective lot purchasers should be made aware of the limitations on water use. The foregoing conditions and restrictions are contained in the Division of Water Resources ' letter dated January 18 , 1990 . 5 . Prior to recording the Recorded Exemption plat, the applicant shall submit a covenant to the Department of Planning Services, benefitting Lot A, which will ensure the delivery to Lot A from Lot B of irrigation water from exempt Well #34106 located on Lot B or from irrigation rights delivered to Lot B. The covenant shall be recorded with the Recorded Exemption plat. 900152 Page 3 RE: RE #1231 - ROBBINS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of February, A.D. , 1990 . Clecbt, rr BOARD OF COUNTY COMMISSIONERS ATTEST: d(PC,iJ WELD COUNTY, COLORADO Weld County erk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Gene R. BBrranntnerr, Chairman ‘B X-1 r71€—riz a nnedy, Pro-Tem eputy County C erk i,. APPROVED AS TQ FORM: o /�nstance�L... Harbert EXCUSED DATE OF SIGNING - AYE 42 C.W. Xi County Attorney Gor e 900152 riat(ft: DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 COLORADO February 7, 1990 Board of County Commissioners Weld County Centennial Center 915 Tenth Street Greeley, Colorado 80631 Subject: Recorded Exemption 1231 - Arthur B. and Jean A. Robbins Dear Commissioners: This request for a recorded exemption is submitted by Arthur B. and Jean A. Robbins. The parcel of land on which this request is being made is described as part of the N NW$ of Section 24, TIN, R67W of the 6th P.M. , Weld County, Colorado. The property is located south of Weld County Road 3 and east of Weld County Road 23, approximately 1. 5 miles southwest of the City of Fort Lupton. The parcel under consideration is the total contiguous land holdings of the applicant. The request is to divide the property in parcels of 73 acres and 1 acre, more or less. The Robbins' wish to provide a home site for their daughter and son-in-law, who are needed to work part time on the farm. The City of Fort Lupton has reviewed this request and has no objections to the request. The Division of Water Resources and the Weld County Health Department has also reviewed the application materials and have recommended approval if certain conditions are complied with. The staff has concerns whether adequate water will be available for the potential uses of this property if the Division of Water Resources' conditions of approval are met. The Division of Water Resources' conditions are identified in its letter of January 18, 1990. The staff recommends the Board of County Commissioners consider this request and determine if the standards of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations have been met. Respectfully submitted, azµ-GGf ca,-7 Lanell J. Curry Current Planner 900152 LJC:rjg Atic23/ CONDITIONS OF APPROVAL RE-1231 Arthur B. and Jean A. Robbins 1. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 9-2 C. (4) of the Weld County Subdivision Regulations. The plat shall be submitted with sixty (60) days from the date of approval by the Board of County Commissioners. The applicant shall be responsible for paying the recording fees. 2. A Weld County septic permit is required for the proposed home and its septic system shall be installed according to the Weld County Individual Sewage Disposal Regulations. 3. An ISDS evaluation by the Weld County Health Department on all existing septic systems will be necessary prior to issuing the required septic permits on the existing systems. 4. The following note shall be placed on the recorded exemption plat prior to recording the plat: - At the request of the Division of Water Resources, the following conditions and restrictions shall be complied with: a. The property has not been previously subdivided or exempted since 1972. The Division of Water Resources considers this a one-time exemption and will not make additional permits available for future splits of lots less than 35 acres; b. The well permit which will be available will be limited to use inside one single-family dwelling only. Outside use for lawn and garden irrigation is prohibited; c. Prior to the issuance of building permits, the applicant should provide proof to the Division of Water Resources that an evaporative wastewater system will not be required. The Division of Water Resources will not issue the well permit if any evaporative system is required; and d. Prospective lot purchasers should be made aware of the limitations on water use. The foregoing conditions and restrictions are contained in the Division of Water Resources' letter dated January 18, 1990. 900152 DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant : Arthur B. and Jean A. Robbins Case No: RE-1231 Legal Description: Part of the Ni NWi of Section 24, TIN, R67W of the 6th P.M. , Weld County, Colorado Larger Lot Size: 73 acres, ± Smaller Lot Size: 1 acre, ± 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. 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. 960152 -----1-i-'. . !° trio B f ( _ _ , _ :1 _ _ - _ �y � I �� A• •,. O H 1 _• 3. 3, 25 z. :! • . • sS 3• E. •31 r • 1 • I + P`r . '-.. .4+la • 13 a 24_ i °. �`•'� . .. ▪ a �r .° , !._ — �_.r-°�� — •r' _.1 � . �i�. '• OBI rr � , 1._ L • •E •633E fit . , sol• ix , iE . •� :e • ,• I �,• �I. �.. • . I . f I• fo r•; MEAD a , `�. •I1 r: : IrIJ s -� IIN •J� �.�., ' ML[ .o. ''° 0 o'�� L°TTEVILL A =x Fr- ,� • ..r. .<� o r,;. 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N ' 'I' V 1"" ©f8 _ tom' iv, :ac w` ETA • as Iv pf• • • • • • yam. ." _ 0152 • FIELD CHECK FILING NUMBER: RE-1231 DATE OF INSPECTION: January 18, 1990 NAME: Aurthur B. and Jean A. Robbins REQUEST: Recorded Exemption LEGAL DESCRIPTION: Part of the N} NW'i of Section 24, T1N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: South of Weld County Road 8, east of Weld County Road 23. LAND USE: N Weld County Road 8, Big Dry Creek, agricultural production, 1 residence E Agricultural production, pasture S Agricultural production, oil and gas production, pasture W Weld County Road 23, oil and gas production, agricultural production, 1 residence ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to these parcels is from Weld County Road 23, a paved county local road. The proposed smaller lot is vacant. The proposed larger lot contains agricultural production, oil and gas production, 1 conventional home, 1 mobile home, and outbuildings. an/A 1 Jry (/ij� Current anner 9..0152 REFERRAL LIST NAME: Arthur B. and Jean A. Robbins CASE NUMBER: RE-1231 REFERRALS SENT: December 19, 1989 REFERRALS TO BE RECEIVED BY: January 3, 1990 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service Dacono Emergency Management Office Eaton Sheriff's Office Erie Engineering Evans _Housing Authority Firestone Airport Authority X Fort Lupton _Building Inspection _Frederick _Garden City STATE Gilcrest X Division of Water Resources Greeley _Geological Survey _Grover Department of Health _Hudson Highway Department _Johnstown Historical Society _Keenesburg Water Conservation Board _Kersey Oil and Gas Conservation Commission La Salle Lochbuie FIRE DISTRICTS _Longmont Ault F-1 Mead Berthoud F-2 Milliken _Brighton F-3 New Raymer Dacono F-19 Nunn _Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Windsor _Hudson F-7 Johnstown F-8 COUNTIES La Salle F-9 Adams _Longmont F-10 Boulder Milliken F-11 Larimer _Nunn F-12 Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corp of Engineers _Poudre Valley F-15 _USDA-APHIS Veterinary Service Raymer Federal Aviation Administration _Southeast Weld F-16 Federal Communication Commission _Windsor/Severance F-17 _Wiggins F-18 _Western Hills F-20 SOIL CONSERVATION DISTRICTS _Brighton OTHER Fort Collins Central Colo. Water Conservancy Dist. Greeley _ Panhandle Eastern Pipe Line Co. _Longmont _Tri-Area Planning Commission West Adams COMMISSION/BOARD MEMBER 900152 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. FEE ,35n CASE NO. L' /,Q 3/ RECORDING FEE ZONING DISTRICT p4 .Gi tote) RECEIPT NO. DATE /ca:/9-90 APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) I (we) , the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: The N2 of the NW4 of Section 24 , Township 1 North (Excepting therefrom, two parcels that total approx. 6 acres conveyed PRIOR to August 30, 1972; see enclosed Legal Description) TOTAL ACREAGE: 74 ± Acres Has this property been divided from or had divided from it any other property since August 30, 1972? Yes No X Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No FEE OWNERS OF PROPERTY: Name: Arthur B. & Jean A. Robbins, Address: 2876 Weld County Road 23 Phone: 659-6288 ; r`J Fort Lupton, CO 80621 L-) Name: g 1.g2J 1 s1 Address: Phone: .o Name: Address: Phone: WATER SOURCE: Larger Parcel "B" Well Smaller Parcel "A" Proposed Well TYPE OF SEWER: Larger Parcel "B" Septic Smaller Parcel "A" Proposed Septic Residence , Livestock g, PROPOSED USE: Larger Parcel "B" Farming Smaller Parcel "A" Residence ACREAGE: Larger Parcel "B" 73 r Ac. Smaller Parcel "A" 1 ± Acre EXISTING DWELLINGS: (Yes or No) Yes (Yes or No) No I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowled .1 A Ci? . ,` kj,w ,/`` COUNTY OF WELD ) • STATE OF COLORADO ) K G� Signa(t re: Owner or Authorized Agent Subscribed and sworn to before me this {. day of ,�. .r e, , 192/1. (SEAL) Notary Public My Commission Expires ' / j 900152 Weld County Commissioners November 28, 1989 Dept . of Planning Services 915 10th Street Greeley, CO 80631 RECORDED EXEMPTION REQUEST I wish to divide , and give, one acre of my 74 acre farm to my Daughter & Son-in-law, so that they can build a house on this one acre . I feel that this would be consistent with the policies of the Weld County Comprehensive Plan because; A. This one acre (Parcel A) is part of a three acre dryland parcel of ground that is "above" the irrigation ditch and cannot be irrigated or used for crop production, and; B. I need these family members on the farm so that they can work part time with my crops and cattle feeding etc . , so that I can continue to use my land as a farm to raise crops and cattle , in conformance with the intended useage of this rural property . C. This will keep this farm in the "agricultural useage" and the "orderly development" for which this land is intended , in the future, with my son-in-law and daughters help. Without their help I will be unable to continue to farm this property and feed the cattle in the future due to my advancing age and physical limitations . D. I would propose putting in a new Septic Tank/Leach field sewer system, and a new well for this one acre "Parcel A" . There is an abundance of water down only 40 feet , for a well . E. By allowing my Daughter and Son-in-law to live on the farm you would be encouraging young people to stay on the farm and learn farming and ranching, so that the future of Weld County as an Agricultural area can be ensured . F . All of this property (Parcel "A" & Parcel "B" ) lies above the " 100" year flood plain, of the Platte river drainage . G. See attached the completed :Certificate of conveyances" done by the Trans-America Title Co . . H. See attached a completed Recorded Exemption request " Application " form. I . See attached a copy of the "Deed Of Trust" and the "Warranty Deed" along with a complete "Legal Description" of the property. J. See attached a map of my farm, showing Parcel "A" & Parcel "B" . Your favorable consideration of this application would be greatly appreciated . Sincerely, y..;`&(-0"\CA---kAnd" Jean A. Robbins Art Robbins // 2876 Weld County Road # 23 Fort Lupton, CO 80621 9O0152 • S('IIEI)I1LE A Covering the Land in the State of Colonuio, t 'utv of G.el - Described as: Tile Fig of the NW? of Section 24 , Tcwnshi:, i ;Inrth , Range 67 West of the 6th P .M. , EXCEPTING THEREFROM a parcel of land conveyed to Iaonard J. Vargas and Dorothy L. Vargas by Deed recorded October 5 , 1966 in Book 574 as Reception No. 1495739 , described as follows : • BEGINNING at the Southwest corner of the lt',; of NW of said Section; • thence East along the South line of the 1iz of the NW'.i of said Section, 255 feet; thence North parallel with the West line of said Section , 171 feet ; thence West and parallel' to the South line of the N, of NWk of • . Section 255 feet ; thence South 171 feet to POINT OF BEGINNING, ALSO EXCEPTING THEREFROM a parcel of land conveyed to Don L. Hamilton and Faith D. Hamilton by deed recorded August 4 , 1972 in Book 673 as Reception No. 1594908 , described as follows : BEGINNING at the Southeast corner of the NE'; of the NW; of said Section 24 ; thence North -along the East linu of the ^:E', of said NWT, 745 feet ; thence Southwesterly to a point on the South line of the NE; of said Nilk which point is 630 feet West of POINT OF BEGINNING; thence East along said South l! ne of the NE z of the NW' to POINT OF BEGINNING • • Fl.rm N'o. C-I12,2 • 900152 i ,• v. . • .. R 23 _ `in� �RGc.�� S£11 � I -- ► . I I .,-"S L1 .• 1{ Olin.1"I 1{.'°'4 ! �� ! m • .• 4, 5.83'-� I ' • LI i(c. ! ! ,�, •hu ' I ! r.� , r Rpj odt o a It k�I_ l • �e•`R t `rcy • of 't by I 2 ` i , Ira p k I fi, 583/y gcRfS i ! j I 7 I ! i - ELow T • 11 -1 I If I I J , I ' omeczETE I - ' I 1 n[ P� �',-. II. . DIrcFk�/ I I I r i I it I .I.rI ucw0es I 1 I • �_ --y'A I 1 ,ESL KOr.D� 1 -. I ._I (o - .._; O _ , .. ;. . 3 • f l �I ill I.*_ 510 AVG.'_t , j •+ 1 . `4 - I ' z(Q , 4. Acit�s' ` I I 1 .� it I ' cP E' A' I . - - I h j % �- G !9 _ 1 f 1 I 1- l • I ' -, 17• - - - - - • 1j ... I . I • ; iv--; i , ! i , 1 ,...,- /c .� } I I . a I Ir _ �, F4IEL I N. D T , j I . 1 I_ . 104 ' I I , I ; , !_ I I r I II , ,_ • t II f - 1 I 1 d ,rip ' +6D� Aver --- - ' Ac o • I •Al , ir . . - I I , i_:-' l - I - I,- 1 i I I < � . � . I • , — .' I ,` -�, t , iiII ', I s7.39. Ac.1 'Ll I \ I .� ' III I 1 i I I ovr'� ! I 11 i I- I I t • I ! . , ` I I . r ! 1 , i : I I I I L t�' I i I. I _ I _. I } I 'I i �`s I 11 23 Y1 I 1 I _ fNci — 1 �1 [< I _I I__••_'; 7N5 I—I_ '�I I I�z"al 1� a 7 r I •11 , , ll II i , I I I I ' 1 , • I I- 1 • , , I I 4) i 11 5�iA�. ,I IS�Ujfll� = Iii ii5 F Er I I i I , mapa I • i I j l l i : II 1 . • 9(.0152 Reception No.._..—.. — _Recorder. Recorded at o'clock RECORDER'S STAMP THIS DEED, Made this 28th day of February ' i986 ,between Robert M. Isom and I Doris Y. Isom of the County of Weld and State of Colorado,of the first part,and Arthur B. Robbins and Jean A. Robbins whose legal address is 2876 WCR 23 Fort Lupton, CO 80621 of the County of We Id and State of Colorado,of the second part: WITN ESSETH,that the said part ies of the first part,for and in consideration of the sum of ($300,000.00) Three Hundred Thousand and no/1OO DOLLARS, to the said parties of the first part in hand paid by the said parties of the second part,the receipt whereof is hereby confessed and acknowledged,have granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to wit: See Exhibit "A" Attached also known as street and number 2876 WCR 23 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, 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 said part ies of the first part, 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 premises above bargained and described, with the appurtenances, unto the said parties of the second part,their heirs and assigns forever. And the said part ies of the first part, for them— selves, their heirs,executors,and administrators do covenant,grant,bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance,in law, in fee simple,and have good right, full power and lawful authority to grant,bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessment and encumbrances of whatever kind or nature soever. EXCEPT general taxes for 1986 and subsequent years which the grantees herein agree to pay when due; and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ies of the first p have hereunto settheir hands and seals the day and year first above written. Signed,Sealed and Delivered in the Presence O [SEAL] Robert M. Isom L Doris Y. Isom [SEAL] -- ------ .1 ISEAL] STATE OF COLORADO Ss. County of Weld The foregoing instrument was acknowledged before me this 28th day of February 1986by Robert M. Isom and Doris Y. Isom My commission expires April 30 ,1988 .Witness my hand and official seal. J. L. Sears Notary Public. 140 Denver Ave. . Fort Lupton, CO 80621 No.921. WARRANTY DEED To Joint T ant,. — Bradford Publishing 5525 W.Mt Ave..Lakeeo d,CO 50.14—I tnb 2ll-b4W—I.5 I !...„ 9U3152 - The printed portions of thin form approved hr the Colorado Item Estate commission(Tit 71-2-811 IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION,CONSULT LEGAL COUNSEL THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL TAX OR OTHER COUNSEL SHOULD II CONSULTED BEFORE SIGNING. DEED OF TRUST THIS DEED OF TRUST is made this 28th day of February 19 86,between Arthur B. and Jean A. Robbins (Borrower), whose address is 2876 WCR 23, Fort Lupton, Colorado 80621 and the Public Trustee of the County in which the Property(see paragraph 1)is situated(Trustee); for the benefit of Robert M. Isom and Doris Y. Isom, as Joint Tenants (Lender),whose address is 140 Denver Avenue, Fort Lupton, Colorado 80621 Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created,hereby grants and conveys to Trustee in trust,with power of sale,the following described property located in the County of Weld ,State of Colorado: See Attached Exhibit "A" co?i which has the address of 2876 WCR 23 (Street) Fort Lupton , Colorado 80621 (City) (Zip Code) (Property Address),together with all its appurtenances(Property). 2. Note;Other Obligations Secured. This Deed of Trust is given to secure to Lender: (Two Notes) A.the repayment of the indebtedness evidenced by Borrower's note(Note)dated February 28 1986 ,in the principal sum of ($200,000.00) --- Two Hundred Thousand and no/100 U.S. Dollars, with interest on the unpaid principal balance from February 28 , 1986 , until paid, at the rate of 10 percent per annum,with principal and interest payable at 140 Denver Avenue, Fort Lupton, Colorado 80621 or such other place as the Lender may designate,in 15 payments of ---- Twenty—six Thousand Two Hundred Ninety—four and 75/100 Dollnrs(U.S.$ 26,294.75 )due on the 28th day of each February beginning February 28 , 1g87_; such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon,shall be due and payable on_EebLuaryy_ZB , 1d1D01 i and Borrower is to pay to Lender a late charge of 5 %of any payment not received by the Lender within 10 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note,in whole or in part,nt any time without penalty except that there shall be no prepayment of more than $10,000.00 in each of the years of 1986, 1987, 1988,1989, or 1990. B.the payment of all other sums,with interest thereon at 10 %per annum,disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust;and C.the performance of the covenants and agreements of Borrower herein contained. R. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence,and recorded declarations,restrictions,reservations and covenants,if any,as of this date and except None other 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. • 6. Application of Payments. All payments received by Lender under the terms hereof shall he applied by Lender first in payment of amounts due pursuant to paragraph 24(Escrow Funds for Taxes and Insurance),then to amounts disbursed by Lender pursuant to paragraph 9(Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. No.TI)71-2-81.nErnl FTRUST.—Stratford Publishing l'n.,6a26 W.Pt h Ave.,I.nhem I,(bLn-odo80211—Iana1_231 Galin-6.x1 tityl 94.0152 Order No. 8504498 WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) The TRANSAMERICA TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: Property in the State of Colorado, County of Weld, as setforth on EXHIBIT A attached hereto: CONVEYANCES (if none appear, so state) : Reception No. 2044652 , Book 1104 See attached copy Reception No. , Book Reception No. , Book Reception No. , Book 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 TRANSAMERICA TITLE INSURANCE COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSAMERICA TITLE INSURANCE COMPANY has caused this certificate to be signed by its proper officer this 5th day of December , A.D. , 19 89. at 7:00 A.M. o'clock. TRANSAMERICA TITLE INSURANCE COMPANY COMPANY BY: (i 61 i Piletke_iva_kcy, AUTBRIZSIGNATURE 900152 EXHIBIT A THe N1 of the NW; of Section 24 , Township 1 North, Range 67 West of the 6th P.M. , EXCEPTING THEREFROM a parcel of land conveyed to Leonard J. Vargas and Dorothy L. Vargas by Deed recorded October 5 , 1966 in Book 574 as Reception No. 1495739 , described as follows: BEGINNING at the Southwest corner of the N1 of NW< of said Section; thence East along the South line of the N1 of the NWn of said Section, 255 feet; thence North parallel with the West line of said Section, 171 feet; thence West and parallel to the South line of the N1 of NW; of said Section 255 feet; thence South 171 feet to POINT OF BEGINNING, ALSO EXCEPTING THEREFROM a parcel of land conveyed to Don L. Hamilton and Faith D. Hamilton by deed recorded August 4 , 1972 in Book 673 as Reception No. 1594908 , described as follows : BEGINNING at the Southeast corner of the NE; of the NW; of said Section 24 ; thence North along the East line of the NE; of said NWQ, 745 feet ; thence Southwesterly to a point on the South line of the NE< of said NW4 which point is 630 feet West of POINT OF BEGINNING; thence East along said South line of the NE≤ of the NWn to POINT OF BEGINNING 900152 • AR20VVrSl? K. B 1104 REC 02044652 02/28/86 16:28 $6.00 1/002 F 1678 MARY ANN FEUERSTEIN CLERK A SECORDER MELD CO, CO Recorded al •coca M_ _. _ - _ _ _ .._ _ RECORDER'S STAN", Tins DEED. mar this 28th day of Frhriiary IWBb ,betans Robert M. I sirs. and Doris Y. Isom Slott Documentary Fen of the County of Weld and State of Date c 1 ,/ 1 Colorado.of thefir,t part.end Arthur 8. Robbins and ppTL.f' �i 7[V Jean A. Robbins $• a hose lend add rent. 2876 WCR 2) Fort Lup(on, CO 80621 • of the County of We Id •nd State of Colorado.of he second part: N ITN etsSETll,that t he'aid part It's of the first part,for and in consideration of the sum of ($300.000.00) • • Three Hundred Thousand and no/100 DOLLARS. to the ..id peril es of the first part in hand paid byt he said parties of the second part.the receipt whereof*hereby ronfe.sed and arhn..•Wdged.ha ve d.bargained,sold and yed.and by these presents do grant,bargain.,ell. l and confirm unto the said parties of the second part,their heirs and assigns forayer.net in tenancy in common hut in joint tenancy.all the following dearn►ed lot or parcel along,anuate.lying and being in the County of Weld and Stale of Colorado,to wit: • See Exhibit "A" Attat.hed �! doc cee Y ] •l...knownas street andnumber 2876 WCR 23 —i TOGETHER with all and singular the hereditament. and appurtenance• thereunto belonging. at m saywlae appertaining,the on and remainder and remainder.,rent.. ass...and profit•thereof;and all the -.t ate, right,title, interest, claim and demand •hatsseier of the said part les of the first Part,either iw law ee eyu.ty,of,in and toil.,stone bargained premier,with the herednaments and appurtensnen. TO HAVE ANIt TO 11111.D the said premie n abet. bargained and described, with the appurtenance.,unto the • •aid parties of the second part.t heir heirs and miens f And the said part les of the first port.for t hem- elvrs, the I heir..executor..and*deimistrat.rs do .grant,bargain and agree to and withthe said purrs of the ...fond part. their heir* and *wens, that at the time of the en.ealing and delivery of thee* presents they art wall .rated of the premien abate conseyed, as of good, sure, perfect, absolute and indefensible estate of mhentance,in law,in fee simple.and have good right,full power and lawful authority to grant.bargain. sell anal convey the sam. in m and form afo 4. and that the same are free and clear from all farmer and other grant..Lunen..sales,h.—notate'.asea.rnl and encumbrance•of whatever kind or nature wrier EXCEPT general t axes for 1986 and subsequent years'which the granters herein agree to pay when due; and the above bargained premier in the quiet and peaceable possession of the 'aid merlin of the sense part,their heirs and assign.,against all and person or persona lawfully claiming or to claim the whole or any part thereof, the said part l es o the first put shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part les of the tint part have hereunto set their hands and pals the day and yen first ann.written. Signed.Sealed and Delivered in the Presenter of f {"�_ ✓_ _ L _ _ .�1_._ _ L?YL - (EEALI Robert MM..�liesoo ISEALI T[ot-- - _--. _. _1SEAL1 STATE IIFCOLORADII I " County of Weld • The MiejNlwg Oatrument sou acknowledged before me this 28th Noy*: February t��L�,a�ulre�fat. hoe and Doris.J. • Isam \,, a(ys.dJ.hyun.t aMirrs April 10 :1p 8A . Ines my head. frlcialse • tG • pis��. of J. Ise u. �• 140 'nicer Ave. O. tie•' art pion. CO 60621 M alt •.aa. ie nein •.',i.e.... •.✓-,r,. .r., r:.• v.... t.an..I .tsY:n .• :a.•.• Cri • 900152 y r,r.i., .,t �y_ p e j r 111411;41/4 ��.`. *" B 1104 REC u2044652 02/28/86 16:28 td: 56.00 2/002eA F 1679 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO r' do " Re: Warranty Deed dated Februar 28 19 Y , 86, and between X'' fil Lei" Robert M. Isom and Doris Y. Isom to Arthur 8. Robbins and Jean A. Robbins R tX / SCHEDULE A i >'�. Covering the Land In the State of Colorado,County of weld o ^ .M. Desrribed u: * r rx ." Tile Ny of the NW9 of Section 24, Township 1 North, Range 67 West of the 6th P.M. , S" EXCEPTING THEREFROM a parcel of land conveyed to Leonard y dt .1. Vargas and Dorothy L. Vargas by Deed recorded October � � 5, 1966 in Book 574 as Reception No. 1495739, described as -ay. $ follows: ..,I +� BEGINNING at the Southwest corner of the Ny of NW11 of said y a, • Section; thence East along the South line of the NY of the NW% of said . Section, 255 feet; thence North parallel with the Nest line of said Section, 171 t r 4 thence West and parallel to the South line of the NY of NW% of. / !' said Section 255 feetl ' 'lia 3k °'; thence South 171 feet to POINT OF BEGINNING, t' 4/aer ALSO EXCEPTING THEREFROM a parcel of land conveyed to Don L. �. f . , Hamilton and Faith D. Hamilton by deed recorded August 4, 1972 in Book 673 as Reception No. 1594908, described as follows, ft.:O: BEGINNING at the Southeast corner of the NE% of the NW% of said x Section 24; , a thence North along the East line of the NE% of said NWti, 745 feet; tthence Southwesterly to a point on the South line of the NEIL of "'` ! said NW% which ' point is 630 feet West of POINT OF BEGINNING; `xr a ' 4 thence East along said South line of the NEii of the NW11 to POINT trc' OF BEGINNING • xtli t• • ALSO EXCEPTING AND RESERVING unto the Grantors all royalties paid under that ' certain oil and gas lease dated February 26, 1970, recorded April 3. 1910. .., . in Book 623, as Reception 01544886 and extended by Affadvit of Production s;" . . recorded by Amoco Production Company February II . 1974 in Book 728, as Re— #.'' z .: ceptfon /1650111 on the Robert M. Isar Unit "B" Well 0I in NE6NY4, said Section 24; and Robert M. Isom Unit Well NI located in the NW4NW4, said P','' Sect ion 24 and the John H. Stoltz, Jr. Well El in the SY4NE4, said Sect ion 24 and further reserving .tn undivided 1/2 interest in and to all royalties paid on product ion from new wells drilled and produced from this day forward :ai ,_;,,. for to long as the said lease shall be in .effect . Also this conveyance Is .ubt.•ot to the caid oil and gas lease ALSO SUBJECT TO reservations of record and or visually evident. p • INCLUDED in the conveyance of this parcel is one share of capitol stock In the Brighton Ditch Company as evidenced by Certificate 0164, together with and including all Irrigation oatenderived from the ownership of said stock and together with all easements,, rights of way of record, and or •,4. visually evident appurtenant thereto. 4, a;> IN...Mat IMO 900152 '�; � . t It • r/ OF Co A. ROY ROMER FQ' �� Governor O j JERIS A. DA sneer N * � �, A State Engineer 1876 s OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 January 18, 1990 Ms. Lanell J. Curry, Planner Weld County Dept. of Planning Services 910 10Th Street Greeley, CO 80631 Re: Robbins Exemption Case No. Re-1231 NW 1/4 Sec. 24, TIN, R67W, 6th PM Dear Ms. Curry: We have reviewed the above referenced proposal to create a one acre homesite and a 73 acre farmstead from a 74 acre tract. The proposed water supply for the one acre homesite is to be a new on lot well . We may be able to issue an additional household-use-only well for the proposed one acre tract. The availability of a well permit and our recommendation for approval is subject to the following conditions: 1 . The property has not been previously subdivided or exempted since 1972. We consider this as a one-time exemption and will not make additional permits available for future splits of lots less than 35 acres. 2. The well permit which will be available will be limited to use inside one single-family dwelling only. Outside use for lawn and garden irrigation is prohibited. Plat notes and covenants should reflect this limitation. 3. The applicant should provide proof that an evaporative wastewater system will not be required. We could not issue the well permit if any evaporative system is required. 4. Prospective lot purchasers should be made aware of the limitations on water use and other information contained in this letter. We recommend that a copy of this letter be submitted with the well permit application. .j tl 90(1',152 Ms. Lanell J. Curry, Planner Page 2 January 18, 1990 If the applicant can meet the conditions listed above and finds the limitations on the new well satisfactory, then we recommend approval of this proposal . Sincerely,Qtfl9 James R. Hall , P.E. Supervising Water Resources Engineer JRH/JTS:clf/7571I cc: Alan Berryman, Division Engineer Bruce DeBrine 9C0152 i IV/ mEmoRAnD UM 1 • ^ 1 wuse Weld County PlanningDate 1L5 ary EnvironmentalProtection Serces From �/J Case Number:RE-1231 Name:obbins, Arthur & Jean Subject: - Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following Conditions: 1. Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. An ISDS Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. WP8/cs • • n 2 9 19S0 !Itio to Rona d0000skoo AN 900152 tt c?, � , DEPARTMENT OF PLANNING SERVICES _ PHONE(303)356-4000,EXT.4400 Di� n' ( 915 10th STREET GREELEY,COLORADO 80631 WI I ID COCASE NUMBER RE-1231 COLORADO , ) :,L "%,,io.r, „a(OHOStIr Decmeber 19, 1989 TO WHOM IT MAY CONCERN: Enclosed is an application from Arthur B. and Jean A. Robbins for a recorded exemption. The parcel of land is described as part of the Ni NW} of Section 24, T1N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of Weld County Road 8, east of Weld County Road 23. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by January 3, 1990, so that we may give full consideration to your recommendation. Please call Lanell J. Curry, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. _ We have reviewed this request and find that it 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. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signek( = �y�z(q�..J Agency: :,i h,0,e"pTi)/u hip/Ammo-7 "4,- ,zckiiuG- ��'✓ cck /.S3/oA/ Date: 900152 vAIR DEPARTMENT OF PLANNING SERVICES t PHONE(303)356-4000,EXT.4400 915 10th STREET GREELEY,COLORADO 80631 COLORADO December 19, 1989 Arthur B. and Jean A. Robbins 2876 Weld County Road 23 Fort Lupton, CO 80621 Subject: RE-1231 Dear Mr. and Mrs. Robbins: Your recorded exemption application is complete and in order and will be processed on or before January 10, 1990. If it is determined that the application meets the approval criteria of Section 9-2 E. (1) (a) through (m) of the Weld County Subdivision Regulations, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria, 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 tc 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 City of Fort Lupton Planning Commission for its review and comments. Please call Tracy Reynolds at 857-6667 fcr further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the City of Fort Lupton Planning Commission meeting to answer any questions the Commission members may have with respect to your application. 900152 Arthur B. and Jean A. Robbins RE-1231 Page 2 If you have any questions concerning this matter, please feel free to call OE. Respectfully, a-r-tti etvtl t Lanell J. Curry • Current Planner LJC:dn 900152 Hello