HomeMy WebLinkAbout941071.tiff RESOLUTION
RE: GRANT MOBILE HOME PERMIT #1926 - UBEL
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 of Weld County, Colorado, on the 31st
day of October, 1994, considered the request of Todd and Melany Ubel, for a mobile home to be
used as a principal dwelling, and
WHEREAS, said mobile home is to be occupied in an A (Agricultural) Zone District on a
parcel of land being more particularly described as follows:
E 1/2, E 1/2, NW 1/4 of Section 17, Township 1 North, Range 67
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board of County Commissioners, having heard the testimony, finds that
said request should be granted subject to the following conditions:
1. The applicant shall apply for a building permit for the mobile home prior to locating
the mobile home on the property.
2. Prior to the occupancy of the mobile home, the mobile home shall be connected to
an approved septic system and a legal water supply.
3. Prior to release of building permits, the applicant shall complete a road access
information sheet at the Weld County Public Works Department.
4. The mobile home shall not be occupied until such time that the applicant has
complied with the above mentioned conditions.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Todd and Melany Ubel for permission to place a mobile home
to be used as a principal dwelling on the above described parcel of land, which was found to be
in compliance with Section 43 of the Weld County Zoning Ordinance, be, and hereby is, granted
subject to the hereinabove listed conditions.
PL0854
941071
PLC) SE-3q Cie ; /°L thEL
RE: ZPMH #1926 - UBEL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 31st day of October, A.D., 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: rr� �j WELD COUNTY, COLORADO
a /
r f /J` / a4e /' )
Weld County Clerk to the Board j 'LL/�/�
W. I-. Webster, Ch irman 1�
BY:�iG 4/�[- e
Deputy Clerk to the Board Da e . Hall, Pro-Tem
APPROVED AS TO FORM:7_,2
f`
- Geo a E. Baxter
ti i EXCUSED
l County Attorney Co tance L. Harbert
lam.
arbara J. Kirkmey
941071
To: Board of County Commissioners Date: 10/31/94
ZPMH-1926
Applicant: Todd & Melany Ubel
This request is for 1 mobile home (s) to be used as a principle dwelling.
Legal Description of Parcel: E/2, E/2, NW/4 of Section 17, T1N,
R67W.
Location: S of and adj . to WCR 10 & approx. 1/2 mile E of WCR
15.
The Department of Planning Services staff has reviewed this request and
recommends that the request be for the following reasons:
WILL WILL NOT
X Be compatible with the Weld County Comprehensive Plan.
X Be compatible with the surrounding area.
X Be in harmony with the character of the neighborhood.
X Adversely affect the immediate area.
X Be adequately served by water and sewage disposal
facilities.
X Adversely affect the general health, safety, and
welfare of the inhabitants of the area and the County.
COMMENTS:
The Department of Planning Services' staff recommendation for approval is
conditional upon the following:
1. The applicant applying for a building permit for the mobile home prior to
locating the mobile home on the property.
2. Prior to the occupancy of the mobile home, the mobile home shall be
connected to an approved septic system and a legal water supply.
3. Prior to release of building permits, the applicant shall complete a road
access information sheet at the Weld County Public Works Department.
4. The mobile home shall not be occupied until such time that the applicant
has complied with Conditions 1, 2, and 3 above.
� ,/�
Current Plax�n� Da e
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A sketch plan is required as part of the application review. Please attach a
sketch plan of the site at the scale of one inch represents fifty feet or other
suitable scale to show the proposed location of the mobile home, including
distances from the property lines and other structures on the property; location
and measurements of any easements or right-of-ways; and exiting structures on the
property.
Sketch Plan attached: Yes 'K No 0
Deed or contract attached: Yes * No 0
What housing is available on the property and what is its present use7
'Vent
How many mobile homes are on the property at the present time?
TEMPORARY USE DURING CONSTRUCTION OF A RESIDENCE
Building Permit Number Date Building Permit Issued
Zoning Permit Valid for 6 months from date of issue.
Zoning permit issued Valid from to
RENEWALS:
FIRST - From to Fee: Reviewed and
Approved
SECOND - From to Fee: Reviewed and Approved
ACCESSORY FARM USE
Type of commercial or industrial activity on property:
Number of Livestock Average number per year
Acres Irrigated Acres Dryland Acres Pasture
Number of employees now employed: Full time: Part time
ACCESSORY USE IN C OR I ZONE DISTRICT
Type of commercial or industrial activity on property:
Number of employees: Full Time: Part time:
Mobile home will be used for:
y SIGNATURE OF APPLICANT �f i''.'s aic�p� APPLICATION DATE r- r-yy
BUILDING PERMITS ARE REQUIRED FOR ALL MOBILE HOMES IN ADDITION TO THE ZONING
PERMIT FOR MOBILE HOMES. THE BUILDING PERMIT MAY BE OBTAINED FROM THE BUILDING
INSPECTION DIVISION, WELD COUNTY ADMINISTRATIVE OFFICES, 1400 N. 17TH AVENUE,
GREELEY, COLORADO 80631, PHONE 353-6100, EXT. 3525, AFTER APPROVAL OF THE ZONING
PERMIT.
k /-tt 941071
WELD COUNTY DEPARTMENT OF PLANNING SERV MOBILE HOME
1400 N. 17th Avenue
Greeley, Colorado 80631
Phone 353-6100. Ext. 3540
IMPORTANT - Complete all items on both sides. Mark boxes where applicable
APPLICANT 7 // and Me�a ,, 4e /
PHONE 2S7-fra.
ADDRESS 3/8O E writ a°t23�J
OWNER 77e/a/ ((no/ Me/any ao/
ADDRESS 3/30 e, $8 tt,23
CITY - STATE- ZIP flp;a CO
8lz9 LOT BLOCK I SUBDIVISION
LEGAL DESCRIPTION
5,1:2 of E1& ofNW%Section /7 , T / N, R ‘ 7 W. Total Acreage *fO
Application for zoning permit is made for:
Staff Approval Board of County Commissioners Approval
O Temporary Use During 0 Use Beyond 18 months During
Construction of a residence Construction of a residence
❑ Temporary Storage 0 Extension Beyond 6 months for Temporary
Storage
❑ More than one MR as Accessory to Farm
❑ More than one MH as Accessory Use as an
Office
❑ More than one MH as Accessory Use in C
or I Zone District
❑ Temporary Use during Medical Hardship
❑ Accessory Structure
XPrincipal Dwelling
The above requires an The above requires an application fee of
application fee of $180.00 $210.00
TYPE OF • TYPE OF WATER SUPPLY
■ ❑ Public or private company:
■ Individual (well, cistern)
Copy attached: a No ■ Well Permit #
Copy attached: Yes 0 No 0
EPARTMENT OF PLANNING SERVICES USE ONLY
ZONING DISTRICT 1) ZONING PERMIT NUMBER Zej,j.41(
APPLICATION FEE PAID RECEIPT NUMBER DATE CHAINDEX
APPROVED BY: 0 Staff 0 Board of County Hearing Date:
Commissioners
ISSUED BY: DATE:
MOBILE HOME BUILDING PERMIT NUMBER DATE ISSUED:
941071
Tdd 2, ale/
3/80 E. 88'�; 4'.23
74rn7lan CO 8022`/
(3O.?) ay-5902
A/71:" of i°Aanni y Services
/YOO N, /7'� Ave.
Oree/e4 CO 806.3/
Dear S/nrt
Sc/osel /If our eya1o/ica/ian far a /no6i/e- Acme z-oninJr
/perm/1 an/ die re/aired amor/y documea/eT/cn. 721e- mob,/e_
Acme is fo ie use/ 6y my w/fe and X as our iorma7
residence,
X 04 Aare qny Lae17/OHS `/e&ce /e7 at /oleo, as JOOh
as /oassil/e,
fncereciy;
7Otf c
Tdd 2, (Me /
941071
..S cQ/e / "= /00 , X — local oh al mob//e- Acme—
We/a/ Counfy A'/ /O
A w
500'
2,6f0'
S S , S
r_ 660, pi-
941071
I-rDF 106P :I:LIS):I:V:I::OLJFYL.. SEWAGE DISPOSAL SYSTEM PERMIT i:I:T L.I(:i.• G-930413
WIii:I...1) COUNTY HIJ'Pd...i i I iI :F'FtF't 1 IvlI:l\Ii NEW PliiTtl'1:1:..E.
ENVIRONMENTAL I•Ii:: 1..TH SERVICES
:1.;5:1.7 :1.6T'Fi AVENUE (::(:Il.JR7`;; SiT121:iEL..IEi:Y„ CO 5306::):1.
. 353-0635 , ,. 25
OWNER I.IIiEi._„ T"(: DD KIii:1...1...I:::Pi., I`IE:1._Pddl'' ADDRESS :I.fi;:'.^J::i..I:i: MISSISSIPPI tt:I.:ii6 PH ( 50,:T) .:i68--f:337.
AURORA CO 5001? •
ADDRESS OF PE:CIF.TA ES) SYSTEM ON WCR :LO/BTWN 1.15 & :1.7
FORT I...I.JI '7ON CO 5306 :1.
LEG J.. T)lii:£5CFC:1:1''T':I:(:11'1 OF SITE:: . • F? , I'IWi SEC :Li. T'WI:' 1 RHO. 67
SSLIBD:I:'d:I:si:oL•I;; LOT • 0 BLOCK 0 FILING 0
Mil, .1r11 ,: 11. 1:DLIITTAl.. TEMP I'IH SIZES) 1.OR HOUSE
SERVICES;; 11..R..(11LS S' BATHIlt(ICIlls 5.00 LOT SIZE 40.00 ACRES
DEii:S)FL(:I M ISii 5 BAsI::1`IENT PLUMBING YES WATER SUPPLY..Y PWliia...l...
Ad................... . ...UN FEE $150.00
RIii:C ';p :lit'( I'1CIRr::l:Sii(:1F•I.,I...(:1P:Ri"i:1:1`IGi• SIGNED (.. TCOT)!) I..... LJS:tlil:I._
DATE 11/22/93 •I�L/ S)Pir"Iii: :L:L;'R:'.<:.. i'::1 ,n,/I,,
•
PERCOLATION. f'i-hnT'6: 35-4 F.... MIN. PER INCH l I LIMITING" I(JI Il.i 1/�a FEET
F_ T C%II F
tCJ I I Till SCatit r�C. �^I I:15( I T I T GROUND SLOPE. DIRECTION I
REQUIRES YI1.11IRES ENGINEER i DESIGN n .. IN 100 YEAR FLOOD OOS) PLAIN /0111
FROM Llll.. APPLICATION IIEPOI.II('1T .COII SUPPLIED AND TFIE: (111 s:[ iI. SOIL. PERCOLATION DATA
THE FOLLOWING I•1:1:1l:i:l`0.JIm,' :I: 'Isv,I...I...P(T:F.UN SPECIFICATIONS ARE REP2Ui J:RES)::
T J Si31ia"'r':C C; 'TANKS� (nAl...l._CII•ISi:. r1 S3Sii(:11?I''T :Cfal�l TP:Gia•IS::I-I .. 'so: FT..
OR
.
ABSORPTION BED (7257 SQ. FT.
'NI ADDITION, 'T THIS PERMIT a ISS{iI.JS;t;Tf:::S:J f TO THE P [:11...L..CIW1:1:1'•IGi ADDITIONAL 'rT:iail`'Ciil AND
(:1:111):1: T:L Or•I'•3
THIS F ERI'I:I:T IS GRANTED TETP'ORARII...Y "CO ALLOW CONSTRUCTION TO COMMENCE. THIS PERMIT
MAY BE: REVOKED 1:11: SUSPENDED ItY TTT::: WELD COUP... `( HEALTH H DEPARTMENT P'(:1P:: REASONS SET
FTCJI'.TT-i IN THE WELD COUNTY INDIVIDUAL. SEWACIIi:: DISPOSAL SYSTIF:1°I RI:C(i?1.11...AT :rcU•iS :Ei.u::I..l.l:(.i:I:NO
FAILURE TO MEET ANY TERM OR CONDITION IMPOSED THIii:Rl:i.A3N DURING . ..::1'ipoRf'iR'Y 1W: P':I:NAL.
PIPPROV(^d...., THE ISSUANCE (:II THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE
I I+.Ei'I d. ENT O•DISPOSAL FOR THE , I� A I I Nril: OR INADEQUACY OF /1111 '
SEWAGE
DEPARTMENT OR ITS EMPLOYEES S3 OF 1 :IraS3a:l I TY I- 8 "_ 1A 3114 ........... .... IV31 3..•L I IV I.I::(IHI IE:I 11'Al,. spi :(•),I AL:Fs T DATE:
'NJ' : P'I:i:R1"I:L I' :1:51 HOT TT:ANSF EI;:FdBsI...lii: FYI'IS) SHALL l... Si tlit:f::f:l1'lli:: VOID IF Sii'YS:.T'..::1VI CONSTRUCTION HAS
NOT COMMENCED WITHIN ONE `i'Iii:PiP: OF ITS ISSUANCE„ I3E:::F:c:Il :i: ISSUING F:I:NAL. APP'FROVAl... (:11:
THIS PERMIT THE::: W1ii:1...S) COUNTY H1:i:AI..TI-I DEPARTMENT RIii:SI:i:RVlii:S3 '1cic: R:I:Ol... . TO :I:vIF'cisc: (YS)S):I:--
I :F.(:SMi d_. TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS OH A CONTINUING BA
F......s„ P'.I:NAL.. I:'I:i:RI'1:I7 r`a1''PROVAI... IS CONTINGENT UPON 1T"11::: FINAL INSPECTION OF' THE COM—
PLETED SYSTE I BY THE WELD CCSUNT.Y. LIEAI...T I I DEPARTMENT .
1 Via,
941071
•
WRJ.5-Rev. 76 COLORADO DIVISION OF WATER RESOURCtS
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
PERMIT APPLICATION FORM
Application must rca ( 1 PERMIT TO USE GROUND WATER
bea complete where (� PERMIT TO CONSTRUCT A WELL
t in Type or
print BLACK FOR: ( 1 A PERMIT TO INSTALL A PUMP
INK.No overstrikes
or erasures unless ( ) REPLACEMENT FOR NO.
initialed. ( ) OTHER
WATER COURT CASE NO.
(1) APPLICCANNT - mailing address FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN
NAME eCch 2. UAe/ Receipt No.
Dist.
STREET .9190 E 8l Z3 Basin
CITY / Aarn71041 GO (State) ,'02.2 9zla) CONDITIONS OF APPROVAL
TELEPHONE NO. (90-3)289--5-90 This well shall be used in such a way as to cause
no material injury to existing water rights. The
issuance of the permit does not assure the applicant
(2) LOCATION OF PROPOSED WELL that no injury will occur to another vested water
right or preclude another owner of a vested water
County 14 e/d right from seeking relief in a civil court action.
ve of the NW /a,Section /7
Twp. / W, Rng. 6 7 Y/__ 6 P.M.
I)1.SI (E,W)
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) /5
Average annual amount of ground water
to be appropriated (acre-feet):
Number of acres to be irrigated: / acre
Proposed total depth (feet): 700 ntaX
Aquifer ground water is to be obtained from:
Laramie — Fox %1 //S
Owner's well designation
GROUND WATER TO BE USED FOR:
( ) HOUSEHOLD USE ONLY no irrigation (0NDUSTRIAL (5)
)
( I DOMESTIC (2) ( 1 IRRIGATION (6)
( I LIVESTOCK L (4) MUNICIPAL (8)
( I COMMERCIAL ( )
( ) OTHER (9) APPLICATION APPROVED
DETAIL THE USE ON BACK IN (11) PERMIT NUMBER
(4) DRILLER DATE ISSUED
Name Litefird EXPIRATION DATE
Street
(STATE ENGINEER)
City (State) (Zia)
BY
Telephone No. Lic. No. I.D. COUNTY 9410'71-
(5) THE LOCATION OF THE PROPOSED WELL and the area on (6) THE WELL MUST BE LOCATED BELOW
which the water will be used must be indicated on the diagram below. by distances from section lines.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
+ — + — ± — +- — A- — -� — — 4- _ � .2,5;90
6 0 ft. from (northA/C or south)
751 sec.line
( I �_ ft. from (east or sec. line
l I MILE,5280 FEET-; (east or west)
f + T + + + + + LOT BLOCK FILING r
SUBDIVISION
+ —
i NORTH SECTION LINE _ ± _
1 (7) TRACT ON WHICH WELL/ WILL BE
xI LOCATED Owner lIla 4 Me/any Ude/
1 NORTH+' m_ _ — _ _
z _ _ D + + No. of acres 5'0 . Will this be
ri N
z m
0 the only well on this tract? Yes
I
+ + o n6 - + (8) PROPOSED CASING PROGRAM
� II Plain Casing
rn
�-- Lj— — � — T — _-#, -t- f 6t1h in.from 0 ft.to 4'0 ft.
I I I I - /11 in.from 90 ft. to 500 ft.
_ +. - �. Perforated casing
4- - �' - SOUTH SECTION LINE
`172- in.from 500 ft. to 700 ft.
4- + + -4- 4.. -I- rt- + in.from ft. to Ft.
I (9) FOR REPLACEMENT WELLS givedistance
I and direction from old well and plans for plugging
4.- — 4. - _i_. _ T - 4_ - -A_ - - -_ — rt it:
I
The scale of the diagram is 2 inches= 1 mile
Each small square represents 40 acres.
WATER EQUIVALENTS TABLE (Rounded Figures)
An acre-foot covers 1 acre of land 1 foot deep
1 cubic foot per second (cfs) .. .449 gallons per minute (gpm)
A family of 5 will require approximately 1 acre-foot of water per year.
1 acre-foot . . . 43,560 cubic feet . . .325,900 gallons.
1,000 gpm pumped continuously for one day produces 4.42 acre-feet.
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Z/J anal Me/any Ube/ � No. of acres: `I0
Legal description: 2.7z di E% al NW 1, sec/70A /y 1.0µ07.4/27 / A% i% ranye 67 West
(11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. ..75,717c- .Sy.frem
Dares76-
(12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers.
Type or right Used for(purpose) Description of land on which used
(13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS ,
TRUE TO THE BEST OF HIS- KNOWLEDGE. •
SIGNATURE OF APPLICANT(S)
941071
NAMES OF PROPERTY OWNERS WITHIN 500 FEET (SURFACE ESTATE)
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
Aoch7 /Miz. A.-tie/ 916 /s4i Stj Denver, CO $17,20.2. I'/6?08'0000/7
aware)
"'der 4 Oralie ,gescncranE 7521 JT//on1 WPsfmin, er CO /`f67/70000/E
8xO/1O
Offo The 5053' 5.. /ai; Cny/ervooe/ CO /+'61/7000O/O
L g0?0`/
,4'Ao/ac 54Aailer I°0 Box y�9� I en ve i CO / 167/70000//
8060/
,7;;Ar A 'auto Gl der4i// 9.?06 We/d Cr Rd 6ryk4/7, CO /96117,2000.2 €
i/ /, I/ 9 N 1/
Join & Laura 7JnderAi l/ ,967/70000Th
11 // // N ,/ 1/ //
,%/in B 474.'4,7 L/n/erA/f/ /`f6 9170000.2
Age J'er v/ce C . 1 y6y/7O000/
941071
AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE
Application Number:
Subject Property: (% of U S ci A/W&1 Sec/ion /7 fwnf4/ /A'
tanye 6 7 W
STATE OF COLORADO )
ss.
COUNTY OF WELD
THE UNDERSIGNED, being first duly sworn, states that to the best of his or
her knowledge the attached list is a true and accurate list of the names,
addresses and the corresponding Parcel Identification Number assigned by the Weld
County Assessor of the owners of property (the surface estate) within five
hundred (500) feet of the property subject to the application. This list was
complied from the records of the Weld County Assessor, or an ownership update
from a title or abstract company or attorney, derived from such records, or from
the records of the Weld County Clerk and Recorder. The list compiled from the
records of the Weld County Assessor shall have been assembled within thirty (30)
days of the application submission date.
The fo egoing pp instrument was subscribed and sworn to before
methis
day/Jk tej t j , 19,y /C'U (1/2
WITNESS my hand and official seal.
My Commission expires:
-6-e/
No P blic My Commission expires April 12, 1997
941071
PROM : TRUMAN CLAYTON PHONE N0. : 303 659 1427 Oct. 04 1994 01:23PM P2
oelli �'.��:�l�'.,: Idt FR Lb YK w v.,1l• • -in.! , - .
Form No. • OFFICE OF THE SCAM ENGINEER ROES
COLORADO DIVISION OF WATER
8 s 6M ea Contennte) 1dit.,lotrmua
1 St.Dtxrv ,cobrode ,
Pa ' Uo
WEIL PERMIT NUMBER 1,13217R -
DN. 1 CNT ,, 62 WD 2 DES.BASIN MD
. . . . \
. , • Lott eleok: Res: saxes tp ,.....rcn wFl I 1 oGATiON
WELD COUNTY
NE 114 NW 1/4 Section 17
TODD USE. •
Twp 1 N RANGE 87 W 8th P.M.
8180E98THk23
THORNTON CO 80229 I DISTANCES FRO34 SECTION t.INES
(363)2894402 i 800 Ft.from North !Motion Une
2580 Ft.from West Section Une
PERMIT TO CONSTRUCT A WELL .__�_�.a
ISSUANCE OF THISDOESt CONFER A WATER RIGHT'WINDROW APPROVAL
1) This well shall be used In such a way as to cause no materiel Citify to existing'�e'mss' The Issuance of the
panwt does not assure the applicant that no Injury will occur to another vested water right or predMde another
owner of a vested water right from making relief M e call court aeon.
2) The con tnicdo►of this well Mal be In compliance wldh Me Water Wei Construction end Installation�
2 CGR 4024, unless approval of a variance has been granted by
the State Board Construction and Pump installation Contractors In accordance with Rule 17.
3) Approved pursuant to CRS 87-92-802(3)(b)Ory(A) as the only wee on a tract of land of 40 acres desorfbed as the
NE 1/4 of the NW 114 of Section 17,Township 1 North;Rang.67 West of the 8th P.M.
Inside three single family tai
4) The use of ground water, from aria well Is poultry,
d to Pic an household ock on and ranches.end the
dwellings,fire protection,the watering of pouehy,donteitio
Irrigation cf not over one (1) acre of home gardens end lama
5) Production from this well Slated to the Laramie-Fox hells aquifer which comasponds to the interval between 425
test and 710 fat below ground surface. Plain casing must be installed and sealed to prevent production tram
other zones.
8) The mwdrnu m pumping rate shall not exceed 15 GPM.
7) •The return flow from the use a the well must be through en individual waste water disposal system of the
. non-evaporative type where the water is returned to the same stream system in which the well is bated. •
8) This wall shall be constructed not more than 201)feet from the location specified on this permit.
Note: To Insure a maximum productive We of t is well,perforated casing shoulogre set through the entire
producing interval o aquife
f the approved zone or r iodated above al 2e.J Li
OWNER'S COPY
APPROVED Z Aim"' P,A _/ QQA.)DWR � ylf+6 a�
Receipt No. 0374218 ua>w OATS ISSUED a
P 2.7 1994 EXPIRATION DATE SEP . 7 199$
*.w, TOTAL PAGE. 002 **
OCT 4 '94 12:24 303 659 1427 '94 1071 07
FROM : TRUMAN CLAYTON PHONE NO. : 303 659 1427 Oct. 04 1994 01:23PM P3
s Li.. AR F 0554 MARY ANN FEUERI 01/12/94 CLERK &
B 1422 REC 02368934 15s 9 $5.00 1/001
si, ?I
RECORDER WELD CO, CO
WARRANTY DEED • •
THIS DEED,Madethis 5771 day of JANUARY 1994 between I ' . -
DONALD E.MCLAIN and CHERRIE M.MCLAIN 1. •
of the City and County of DENVER and Slate of COLORADO,mentor, and
TODD I,.UBEL And MELANY R,KELLER MAT TO: ENTA FEE
whose legal address is 14293 EAST MISSISSIPPI AVENUE 4156, Date IA _
AURORA,COLORADO 80012 l
of the County of ADAMS and State of COLORADO,grantee*: $ •
I
WITNESS, that Ito grantor,for and hi consideration of tho sum of FORTY-SEVEN s 7.A D ` r 7 1 F -NI)
DOLLARS, ($47,500.00), the receipt and sufficiency of which is hereby acknowledged.has granted,bargained,bold and conveyed,and
by thew presents does grant, bargain, sell, convey and confirm unto the granteasi their heirs and assigns forever,'uot-Ii teiianey In
M common but in joint tenancy, all the real property, together with improvements, if any,situate,lying and being ill the County of
WELD,and Slate of Colorado,described as follows:
um EAST HALE`Or1/2)OF THI'I EAST HALF OMI2)OF THE NORTHWEST
J QUARTER(NWLl4)OF SECTION SEVENTEEN(17),TOWNSHIP ONE(1)
NORI71,RANGE SIXTY-SEVEN(67)WEST OF THE SIXTH(6 1)P.M.,
EXCEPT A FIFTY FOOT(50')ROAD EASEMENT ON THE NORTH,A FORTY
FOOT(40')ROAD EASEMENT ON 771E EAST AND A FORTY FOOT(40')
ROAD EASEMENT ON THE sotml,
COUNTY OF WELD,
3 STATE OF COLORADO
SELLERS ARE TO RETAIN ALL OIL, GAS, MINERAL; AND WATER RIGHTS IF NOW OWNED BY
SELLERS. I
also known by street and number as VACANT LAND,FORT LUP7'ON,COLORADO 80621
6�1 TOGETHER with all and singular the hereditaments and appurtonaces thereunto belonging, or in anywise appertaining and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof,and all the estate,rig nl t,title,interest,claim and
demand whatsoever of the grantor, either in law or equity, of, in and in the above bargained premises,with Um heredilaments and
appuilmnanca. - .
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs
and assigns forever. And the grantor,for himself,his heirs and personal repreaentativea,does covenant,grant;bargain and agree to and
with the grantees, their heirs and assigns,that at the time of the easaling and delivery Othello presents,he is well sewed of the premises
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance,in law,in foe simple,and Ina frond right,full ••
power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same arc free and clear
from all fanner and other grants, bargains, sales, liens,taxes,assessments,encumbrances and restrleliona of whatever kind or nature
soever, except for taxes for the current year,a lien but not yM he or payable,easements,restrictions,reservations,'covenants and
rights-of-way of record,R any, . . p . . '
�py�'� tL,�� 1 ,,yy.. `a hit I
T's la. tYal 'P:4 t 1:�vfiY e i - d p�Ei.:
,,,,a„,,,.,.,„ ,,,, , grantor shalj and will WARRAIyT AND FOREVER DEFEND the above-bargained premises in the gmiei and peaceable possajiritt
o� a grantees,their heirs and assigns,against all and every person of persona lawfully claiming the whole or Any part thereof.
The singular number shall include trap plural,the plural the singular,and the use of any gender stall be applicable to all genders.
IN WITNESS WHEREOF grantor has executed this deed on the date set forth above.
6 ,
'yt NAID R.M
by DONALD E.MCLAIN as Attorney in act .
.ww, _,»,._ .::....—.—I, .- -
!Ry!r<h ,i.,�V '9. 'l.A."'!�:%i!l .",+.�i+1-.�FJA•-�+Ja..,.;. .
STATE OF COLORADO .. `i ee' `4'o-- -)444. ,i.,.i, , -
COUNTY OP ADAMS . t) n
. instrument was acknowledged before me this 5TH day,gf JANUARY,1994 by . DONALD E.MCLAIN and DONALD
I), Doren in fact forCHERRIE M.MCLAIN . •
r' �,
k MalA 0% 06-22-97 witness my lend and lain
•••......•' = EltlGttTOA t6SADORE§0601
asCOL.
No.MA.Ter,335 WARRANTY D�Re,,S Taws) LL
0CT 4 '94 12 25 303 659 1427
941071
REFERRAL LIST
NAME: Todd and Melany Ubel CASE NUMBER: ZPMH-1926
REFERRALS SENT: September 14, 1994 REFERRALS TO BE RECEIVED BY: September 28, 1994
COUNTY TOWNS and CITIES
Attorney _Ault
,Health Department Brighton
_Extension Service _Broomfield
_Emergency Management Office _Dacono
Sheriff's Office Eaton
1—i--Public Works _Erie
Housing Authority ____Evans
_Airport Authority ____Firestone
_Building Inspection _Fort Lupton
____Frederick
STATE _Garden City
/X 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
La Salle
FIRE DISTRICTS Lochbuie
_Ault F-1 _Longmont
_Berthoud F-2 _Mead
Briggedale F-24 _Milliken
_Brighton F-3 _New Raymer
_Eaton F-4 _Northglenn
_Fort Lupton F-5 _Nunn
Galeton F-6 _Pierce
Hudson F-7 Platteville
_ _
Johnstown F-8 Severance
La Salle F-9 Thornton
Mountain View F-10 ____Windsor
Milliken F-11
_
Nunn F-12 COUNTIES
_
_Pawnee F-22 _Adams
_Platteville F-13 _Boulder
Platte Valley F-14 Larimer
Poudre Valley F-15
Raymer F-2 FEDERAL GOVERNMENT AGENCIES
Southeast Weld F-16 US Army Corps of Engineers
_Windsor/Severance F-17 _USDA-APHIS Veterinary Service
_Wiggins F-18 _Federal Aviation Administration
Western Hills F-20 Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
Central Colo. Water Conservancy Diet. _Brighton
_
Panhandle Eastern Pipe Line Co. _Fort Collins
_
Tri-Area Planning Commission _Greeley
_Longmont
West Adams
COMMISSION/BOARD MEMBER
941071
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER of c
Division of Water Resources •
Department of Natural Resources "�
1313 Sherman Street,Room 818
Denver,Colorado 80203 'r rave'/
Phone(303)866-3581
FAX(303)866-3589
Roy Romer
Governor
October 11, 1994 lames S.Lochhead
Executive Director
Mr. Todd A. Hodges Hal D.Simpson
State Engineer
Weld County Department of Planning Services
1400 N. 17TH Ave.
Greeley, CO 80631
Re: Ubel Zoning Permit, MHZP-1926
NW1/4 Sec. 17, T1N, R67W, 6TH PM
W. Division 1, W. District 2
Dear Mr. Hodges:
We have reviewed the above referenced proposal to have a mobile home as a principal dwelling
on a 40 acre parcel. The water supply is to be from an individual on lot well and the applicants
have obtained Permit No 182178, for domestic use. We have no objection to the proposal.
If you have any questions in this matter, please contact me.
Sincerely, c Pj q
LI
John Schurer, P.E.
Senior Water Resource Engineer
JS/ubel
cc: Alan Berryman, Division Engineer
Water Supply Branch
1C
—4Th
0CT 1 ; 199
5t: r,r ilir?tastttt"
941071
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
<" SEP 1 5 1994
,.
, DEPARTMENT OF PLANNING SERVICES
� PHONE (303) 353-3'345, 'EXT. 3540
' ` WELD COUNTY ADMINISTRATIVE OFFICES
•
` • a 1400 N. 17TH AVENUE
� � >��-�'17 ''� I-1„�l ) '± �� GREELEY, COLORADO 80631
COLORADO I St;-, 1994!
Date: September 14, 1994 CASE NUMBER: ZPMH-1926
TO WHOM IT MAY CONCERN:
Enclosed is an application from Todd and Melany Ubel for a Zoning Permit for a
Mobile Home to be used as a Principal Dwelling. The parcel of land is described
as the E2 E2 NW4 of Section 17, TIN, 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 and adjacent to Weld County Road 10 and east of and adjacent to Weld
County Road 15.
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
September 28, 1994, so that we may give full consideration to your
recommendation. Please call Todd Hodges, 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. ¢ We have reviewed the request and find pa'conflicts with our
interests. NEtb "WV(LL OUT A eo04: /.GCPSS t scoR,Mkt-ror.}
6I+EET.
4. A formal recommendation is under consideration and will be
submitted to you prior to:
5. Please refer
to the enclosed letter.
•
Signed: Agency: R lt5 M7w-rid
Date: CI , I G
941071
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Ave., P.O. Box 758, Greeley, CO 80632 (303)356-4000 Ext. 3750
1. Applicant Name Phone
Address City State Zip
2. Address or location of access
Section Township Range
Subdivision Block Lot
Weld County Road# Side of Road N S E or W
Distance from &number of intersecting road
3. Is there an existing access to the property? Yes No #of accesses
4. Site Sketch I
******************************************************************
5. Proposed use:
_ Permanent •' _ Residential/Agricultural — Industrial
Temporary Commercial Subdivision Other
OFFICE USE ONLY
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement: Culvert Size Length
Other Comments:
Installation authorized Information Insufficient
Special Conditions
Reviewed by: Title:
:access.for
941071
FIELD CHECK
CASE NUMBER: DATE OF INSPECTION:
LAND USE: N E S W
ZONING: N E S W
UNSAFE CONDITIONS:
❑ Inadequate sight distance (500' clear view @ 55 mph)
❑ Setbacks/structure from access
❑ Bridge location from access (less than 200')
❑ Weeds
❑ Landscaping
❑ Inadequate distance from road intersection or railroad crossing
❑ None observed at time of inspection
TOTAL # OF ACCESSES IN MILE
Weld County Road Weld County Road
Residences Residence
Other structures (oil/gas) Other structures (oil/gas)
Agricultural Agricultural
Commercial Commercial
ROAD SURFACE
0 Paved ❑ Gravel 0 Unimproved
Requesting Public Works to inspect site? 0 Yes 0 No Date:
• COMMENTS:
Current Planner
941071
-,1T OF PLANNING SERVICES
I6 v PHONE (303)353-3845, EXT. 3540
�� sEP ' OUNTY ADMINISTRATIVE OFFICES
e. f y 1994YJ
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
4w,,en«fisw Planning
COLORADO
Date: September 14, 1994 CASE NUMBER: ZPMH-1926
TO WHOM IT MAY CONCERN:
Enclosed is an application from Todd and Melany Ubel for a Zoning Permit for a
Mobile Home to be used as a Principal Dwelling. The parcel of land is described
as the E2 E2 NW4 of Section 17, 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 and adjacent to Weld County Road 10 and east of and adjacent to Weld
/ County Road 15.
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
September 28, 1994, so that we may give full consideration to your
recommendation. Please call Todd Hodges, 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. :/ 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. P1 se refer to he enclosed letter._ n )� E
Signed Agency: ��(1,P 69Z-V i 1 1i
Date: c- G
941071
FIELD CHECK
FILING NUMBER: ZPMH-1926 DATE OF INSPECTION: 9/27/94
APPLICANT'S NAME: Todd and Melany Ubel
REQUEST: ZPMH-Principle Dwelling
.ik) 4
LEGAL DESCRIPTION: E/2 of the E/2 o Section 17, T1N, R67W.
LOCATION:South of and adjacent to WCR 10 and approximately 1/4 mile east of WCR
15.
LAND USE: N Wheat
E Hay
S Wheat
W Wheat
ZONING: N A (Agricultural)
E A (Agricultural)
S A (Agricultural)
W A (Agricultural)
COMMENTS: Access is existing from WCR 10. Site is currently in wheat
production. Gas mains are located on site. Site slopes to the NE.
Todd A. Hodges Current Planner
941071
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941071
DEPARTMENT OF PLANNING SERVICES
PHONE(303)353-3845, EXT.3540
WELD COUNTY ADMINISTRATIVE OFFICES
C. GREELEY,140 N. ORAAVENUEO631
COLORADO 80631
COLORADO
Date: September 14, 1994 CASE NUMBER: ZPMH-1926
TO WHOM IT MAY CONCERN:
Enclosed is an application from Todd and Melany Ubel for a Zoning Permit for a
Mobile Home to be used as a Principal Dwelling. The parcel of land is described
as the E2 E2 NW4 of Section 17, 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 and adjacent to Weld County Road 10 and east of and adjacent to Weld
County Road 15.
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
September 28, 1994, so that we may give full consideration to your
recommendation. Please call Todd Hodges, 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. 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.
Signed: Agency:
Date:
941071
j‘
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-3845, EXT. 3540
WI WELD COUNTY ADMINISTRATIVE OFFICES
C. N. 17TH AVENUE
GREELEY, COLORADO 80631631 COLORADO
T m - .
A'6> Es5 • • - .
Subject: ZPMH-1926 - Request for a mobile home to be used as a principle dwelling on a parcel
of land described as E/2, E/2, NW/4 Section 17, T1N, R67W of the 6th P.M., Weld
County, Colorado.
Dear : Todd and Melany Ubel
I have scheduled a meeting with the Board of County Commissioners on Monday, October 31,
1994, at 9:00 a.m. to consider your application. This meeting will take place in the County
Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street,
Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any
questions the Board of County Commissioners might have with respect to your application.
The Department of Planning Services'staff will make a recommendation concerning this application
to the Board of County Commissioners. It is the responsibility of the applicant to call the
Department of Planning Services' office a few days before the date of the Commissioners' hearing
to obtain the recommendation.
If you have any questions concerning this matter, please feel free to call me.
Respectfully,
DOsat
Todd A. Hodges
Current Planner
941071
AioDEPARTMENT OF PLANNING SERVICES
I PHONE(303)353-3845, EXT.3540
WELD COUNTY ADMINISTRATIVE OFFICES
140C. GREELEY, N. ORAAVENUEO631
COLORADO 80637
COLORADO
DATE: October 18, 1994
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: ZPMH-1926
There will be a Public Hearing before the Board of County Commissioner's on
Monday,October 31, 1993, at 9:00 a.m. , in the County Commissioners' Hearing Room,
First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado
concerning the request of:
NAME: Todd and Melany Ubel
FOR: Zoning Permit for a Mobile home to be used as a principle
dwelling.
LEGAL DESCRIPTION: E/2, E/2, NW/4 of Section 17, T1N, R67W of the 6th P.M. , Weld
County, Colorado.
LOCATION: South and adjacent to WCR 10 and approx. 1/2 mile east of WCR 15.
Your property is within five-hundred (500) feet of the property on which this
request has been made or you may have an interest in the minerals located under
the property under consideration. For additional information write or telephone
Todd Hodges,Current Planner.
Comments or objections related to the above request should be submitted in
writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue,
Greeley, Colorado 80631, on or before the date of public hearing.
941071
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATE/INTEREST OWNERS
Todd and Melany Ubel
ZPMH-1926
Rocky Mountain Fuel
910 15th Street
Denver, CO 80202
Peter and Oralie Resencranz
7821 Julian
Westminster, CO 80030
Otto and June Herold
5058 S. Elati
Englewood, CO 80110
Nicholas Schaller
P.O. Box 4291
Denver, CO 8000204
John and Laura Underhill
8206 Weld County Road 8
Brighton, CO 80601
941071
The-printed portion,of this form pprov>•
the Colorado Real Estate Cmnmimion(TD 72-11-83)
IF THIS FORM LS USED IN A CONSUMER CREDIT TRANSACTION,CONSULT LEGAL COUNSEL.
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSE7.SHOULD BE CONSULTED BEFORE SIGNING. 1{
n
DEED OF TRUST .�'�2
(Due on Transfer- Strict) 14V
- 2,6034
�, dz
THIS DEED OF TRUST is made this 5TH day of JANUARY, 1994, between TODD L. UBEL and MELANY R.
KELLER (Borrower), whose address is 14293 EAST MISSISSIPPI AVENUE#156, AURORA, COLORADO 80012;
and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee); for the benefit of
DONALD E. MCLAIN AND CHERRIE M. MCLAIN, AS JOINT TENANTS (Lender), whose address is 3131
SOUTH KRAMERIA STREET,DENVER, COLORADO 80222
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:
THE EAST HALF(E1/2) OF THE EAST HALF(E1/2) OF THE NORTHWEST
QUARTER (NWI/4) OF SECTION SEVENTEEN (17), TOWNSHIP ONE (1)
NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE SIXTH (6TH) P.M.,
EXCEPT A FIFTY FOOT (50') ROAD EASEMENT ON THE NORTH, A FORTY
FOOT (40') ROAD EASEMENT ON THE EAST AND A FORTY FOOT (40')
ROAD EASEMENT ON THE SOUTH,
COUNTY OF WELD,
STATE OF COLORADO
which has the address of VACANT LAND, FORT LUPTON, COLORADO 80621 (Property Address), together with all
its appurtenances (Property).
2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender:
A. the repayment of the indebtedness evidenced by Borrower's note (Note)dated JANUARY 5, 1994, in the principal
sum of THIRTY-TWO THOUSAND FIVE HUNDRED AND 00/100ths U.S. Dollars, with interest on the unpaid
principal balance from JANUARY 5, 1994, until paid, at the rate of 8.500 percent per annum, with principal and interest
payable at 3131 SOUTH KRAMERIA STREET, DENVER, COLORADO 80222 or such other place as the Lender
may designate, in 084 payments of
FIVE HUNDRED FOURTEEN AND 69/100ths
Dollars (U.S. $ 514.69) due on the 5TH day of each MONTH beginning FEBRUARY 5, 1994; 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 JANUARY 5, 2001;
and Borrower is to pay to Lender a late charge of 15.000% 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, at any time without penalty except NONE
B. the payment of all other sums, with interest thereon at 15.000% 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.
3. 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 yekr, easements of record or in existence, and recorded
declarations, restrictions, reservations and covenants, if any, as of this'date .
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.
5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in
payment of amounts due pursuant to paragraph 23 (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.
941413%
No. TD 72-I I-B3. DEFT)OF TRS4T tent on
I 6. Prior Mortgages and Deer.,of Trust; Charges; Liens. Borrower shall pertorm all of Borrower's obligations under any
prior deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions
attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold payments or ground rents,
if any, in the manner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such
manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be
required to make payments otherwise required by this paragraph if Borrower, after notice to Lender, shall in good faith contest
such obligation by, or defend enforcement of such obligation m, legal proceedings which operate to prevent the enforcement of
the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and
other payments as ordered by the court to the registry of the court in which such proceedings are filed.
7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lesser of(1) the
insurable value of the Property or (2)an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior
encumbrances on the Property. All of the foregoing shall be known as "Property Insurance".
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen
by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals
thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify
Lender at least ten (10) days before cancellation, termination or any material change of coverage. Insurance policies shall be
furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof.
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.
Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is
economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not
economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the
sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if
Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by
Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and
apply the insurance proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this
Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change the amount of such
installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other
Remedies) the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and
to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of
the sums secured by this Deed of Trust immediately prior to such sale or acquisition.
All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance
proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and
proceeds.
8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit
waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of
Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules,
or other documents governing the use, ownership or occupancy of the Property.
9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under paragraph 6 above, if
the Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lien,
or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's
option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is
necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon
the Property to make repairs. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior
encumbrance on the Propert or by law or otherwise to cure any default under said prior encumbrance.
Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness
of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting
payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 28 (Note;
Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action
hereunder.
10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that
Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest
in the Property.
11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to
such proceeds are subject to the rights of any holder of a prior deed of trust.
in the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with
the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any
part of the award due any prior lien holder(net award) shall be divided between Lender and Borrower, in the same ratio as the
amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the
Property immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Property
less the amount of sums secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the award,
all at the value immediately prior to the date of taking.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is given,
Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the
sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4 (Payment of Principal and Interest)and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such
installments.
12. Borrower Not Released, Extension of the time for payment or modification of amortization of the sums secured by this
Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the
liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender
shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's
successors in interest.
13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy.
14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all
other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently,
independently or successively.
15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein
contained shall hind, and the rights hereunder shall inure to, the tive successors and assigns of Lender and Borrower,
subject to the provisions of paragraph 24(Transfer of the Property;r=mption). All covenants and agreements of Borrower
shall be joint and several. The captions and headings of the paragraphs'in this Deed of Trust are for convenience only and are
not to be used to interpret or define the provisions hereof.
16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in
this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or(2) mailing such
notice by first-class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower
may designate by notice to Lender as provided herein, and (b)any notice to Lender shall be in writing and shall be given and be
effective upon (1) delivery to Lender or(2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to
such other address as Lender may designate by notice to Borrower as provided herein. Nay notice provided for in this Deed of
Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein.
17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event
that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other
provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the
provisions of the Deed of Trust and Note are declared to be severable.
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r18: Acceleration; Foreclosure, Other Remedies. Except as provided in paragraph 24 (Transfer of the Property;
Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a
prior lien upon the Property, (unless Borrower has exercised Borrowers rights under paragraph 6 above), at Lender's option, all
of the sums secured by this Deed of Trust shall be immediately due and payable(Acceleration). To exercise this option, Lender
may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs
and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable
attorney's fees.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such
notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law.
Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general
circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other
persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower,
shall sell the Property at public auction to the highest bidder for cash at the time and place(which may be on the Property or any
part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine.
Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such
sale to see to the application of the purchase money.
Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale,
including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this
Deed of Trust; and (c) the excess, if any to the person or persons legally entitled thereto.
19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder,
the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and
interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner
provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect
as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued.
20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower
hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph IS
(Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as
they become due and payable.
Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration
under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by
foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to
the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such
receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice -notice being
hereby expressly waived.
Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender,
in person, by agent or by judicially-appointed receiver, shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be
applied, first, to payment of the costs of preservation and management of the Property, second, to payments due upon prior
liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents
actually received.
2l. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of
Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's
fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16 (Notice) from
Borrower to Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay the cost
thereof to effect the release of this Deed of Trust.
22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under
state or federal law presently existing or hereafter enacted.
23. Escrow Funds for Taxes and Insurance. This paragraph 23 is not applicable if Funds as defined below are being paid
pursuant to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender, on each day installments of principal
and interest are payable under the Note, until the Note is paid in full, a sum (herein referred to as "Funds") equal to
N/A the yearly taxes and assessments which may attain priority over this Deed of Trust, plus N/A of
yearly remium installments for Property Insurance, all as reasonably estimated initially and from time to time by Lender on the
basis of assessments and bills and reasonable estimates thereof, taking into account any excess Funds not used or shortages.
The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrower and
deposited in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall
apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and applying the
Funds, analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay
Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are
pledged as additional security for the sums secured by this Deed of Trust.
If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall
due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice if given
in accordance with paragraph 16 (Notice) by Lender to Borrower requesting payment thereof.
Upon payment in full of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds
held by Lender. If under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is
otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition
by Lender, whichever occurs first, any Funds held by Lender at the time of application as a credit against the sums secured by
this Deed of Trust.
24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": (i) a transfer
or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), (ii) the
execution of a contract or agreement creating a right to title(or any portion thereof, legal or equitable) in the Property (or any
part thereof or interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in
excess of three (3) years, (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or
receive, more than fifty percent (50%)of the controlling interest or more than fifty percent (50%) of the beneficial interest in the
Borrower, (v) the reorganization, liquidation or the dissolution of the Borrower. Not to be included as a Transfer are(i) the
creation of a lien or encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for
household appliances, or (iii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the
election of Lender, in the event of each and every Transfer:
(a) All sums secured by this Deed of Trust shall become immediately dug and payable(Acceleration).
(b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate,
Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums
secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This
covenant shall run with the Property and remain in full force and effect until said sums are paid in full. The Lender may without
notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums including the
payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or
discharging the Borrower's liability hereunder for the obligations hereby secured.
(c) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact of a
lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive
notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped
therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether
or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights.
25. Borrower's Copy. Borrower acknowledges receipt of a copy of the'Note and this Deed of Trust.
Page 3 of 4 94107 =
EXECUTED BY BORROWER:
ATTEST: (If Corporation)
5 LANY�B. EL , ITODD$• UBEL
7-u
SEAL(If Corporation)
STATE OF COLORADO
ss:
COUNTY OF ADAMS
The foregoing instrument was acknowledged before me this 5TH day of JANUARY, 1994 by
TOIfl Z.. UBEL and MELANY B. KELLER
/WE, • 1' . and official seal.
Q;' Mycammit���`-,,pines: 6/22/97
i et. BRERC�ULETA 720 EAST BRIDGE STREET Notary Public
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. BRIGHTON, COLORADO 80601
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