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Home My WebLink About910495.tiff RESOLUTION RE: APPROVAL OF RECORDED EXEMPTION NO. 1346 - GERALD MOSSBERG 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. 1346, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land", and WHEREAS, the request for Recorded Exemption No. 1346 was submitted by Gerald Mossberg, 4603 83rd Avenue, Greeley, CO 80634, for property which is located in part of the SE,'-,of Section 30 and part of the NEt of Section 31, Township 5 North, Range 66 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 5 acres and 295 acres. 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 conditional upon the applicant submitting 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. 910495 tr r ''�. Page 2 RE: RE #1346 - GERALD MOSSBERG The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D. , 1991. ATTEST: 417/444 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LORADO Weld County Clerk to the Board _ (AYE) Gord a airman By: (/t -acluAd C.-z--c-14( Deputy Clerk to the Board .,-._ Ge000 ge Ken edy, Pro-Tem APPROVED TO FORM: onstance�L. Harbert b (AYE) County Attorney C. W. Kirby/ //f�yq /)� y9 yg I�� te�kat f (AYE) W. H. Webster 910495 ' DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 915 10th STREET will GREELEY,COLORADO 80631 COLORADO June 5, 1991 Board of County Commissioners Weld County Centennial Complex 915 10th Street Greeley CO 80631 Subject: Recorded Exemption #1346 Dear Commissioners: This request for a recorded exemption is submitted by Gerald Mossberg. The parcel of land is described as part of the SE4 of Section 30 and part of the NE4 of Section 31, all in T5N, R66W of the 6th P.M. , Weld County, Colorado. The property is located approximately 2.5 miles southwest of the City of Greeley, west of and adjacent to Weld County Road 27 and approximately 1.0 mile south of Weld County Road 54. This request is to divide a 5 acre tract from a 300 acre tract. The Department of Planning Services' staff recommends that this application be denied. The staff has concerns about the level of development that has occurred in the northern quarter-section contained in this 300 acre parcel. This quarter- section has been the subject of one previous Recorded Exemption and one Subdivision Exemption. If this recorded exemption is approved there will be five parcels in this quarter-section. Parcel splits in this area are reaching a level where continued divisions would evade the purpose of the Weld County Subdivision Regulations as defined in Section 1-3. Residential development in rural areas necessitates an increased demand for road maintenance, police and fire protection, school busing, snow removal, utilities, and other urban services. As density increases, so do service demands. 91049-1 Board of County Commissioners Recorded Exemption #1346 June 5, 1991 Page 2 This proposal is not consistent with efficient and orderly development. Each of the four existing dwellings in this quarter-section accesses onto Weld County Road 27 within 1800 feet of road frontage. This type of linear development evades the purpose of the Weld County Subdivision Regulations' standards for design and improvement. Sincerely, M Brian A. Grubb Current Planner 91049:i 2. •-�^" .A r' ° k l s I. I •1 • f s✓ _ .• .. •\ ``N .. 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G ., . ,-,MINISTRATIVE REVIEW FLOW SHEET CASE # gam 131-0 APPLICANT: G'( ff5 REQUEST: R-Cor..0=(7 tatal LEGAL: P fib- 4 .3 f <HQ rr 4- ao ftj 7'h 4(.41 W LOCATION: iJr 'Arlb AP�JA " � • LI' Q- tte_it 1--v-p- 6 4- Date By Application received —5/7- i Q' at Application complete _J//5//q J C� Letter to applicant drafted _ 6 /O / e,i /5 AC:i Referrals Listed _Si to/ t (1 File assembled 5-- 7- I PC- Letter to applicant mailed 5- 9i Referrals mailed 5`7- 9 ( FIB ChaindaYed 7-9 DPS recommendation drafted Administrative Review decision: Ji.WE-6) lqq • History card completed COMMISSIONERS' HEARING DATE: /6/ q/ Date - By Air photo and maps prepared /e- q- 9 / ,kxJ Field check by DPS staff •5/9 91 13AC1 CC Action: CC resolution received History card completed Recorded on maps and/or filed zq 5 - 5 u 1) .._ 1991 APPLICATION FOR RECORDED EXEMPTION CJ PHONE: 356-4000, Ext. 4400 abalimito Department of Planning Services, 915 10th Street, Greeley, Colorra�o6" FOR PLANNING DEPARTMENT USE ONLY: APPL. FEE 7°00 .6 (0 CASE NO. 4ze �?jt1 LQ _ RECORDING FEE ZONING DISTRICT Ae Fa/ j„� rE RECEIPT N0. /go. ) DATE 572_7411 1 APPL. CHECKED BY F,-4A (Li 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: Lot "B" of Recorded Exepmtion No. 0959-30-4-RE374, as per map recorded February 13, 1979 in Book 860, under Reception No. 1781716 being the Northeast Quarter (NE1/4) of Section Thirty-one(31) and a part of the Southeast Quarter (SE 1/4) of Section Thirty (30) , all in Township Five (5) North, Range Sixty-Six (66) West of the Total acreage: 300 acres (,6,th p .m. 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: C .D. riossberg Address: 4603 83rd Ave. ; Greeley, CO 80634 Phone: 330-0296 Name: Janet Lea Sherrod-l‘lossberg Address: 4603 83rd Ave. ; Greeley, CO 80634 Phone: 330-0296 Name: Address: Phone: WATER SOURCE: Larger Parcel City of Greetw(ller ParcelCity of Greeley TYPE OF SEWER: Larger Parcel None Smaller ParcelSeptic Tank/leach line PROPOSED USE: Larger Parcel fanning Smaller Parcel residence ACREAGE: Larger Parcel 295 acres Smaller Parcel 5 acres EXISTING DWELLINGS: (Yes or No) no (Yes or No) yes I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. IJ COUNTY OF WELD ) 74I l//�' ' STATE OF COLORADO ) Signature: Owner or Author ed Agent Subscribed and sworn to before me this oS day of .27.22 , 19 41( (SEAL) 714. 2,1 Notary Public My Commission Expires_ --;121 ,5Q 577 31.049,!i WELD COUNTY CERTIFICATE OF CONVEYANCES DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO ) COUNTY OF WELD ) The HOMESTEAD TITLE CO. OF GREELEY, INC. 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: Lot "B" of Recorded Exemption No. 0959-30-4-RE374, as per map recorded February 13, 1979 in Book 860, under Reception No. 1781716, being the Northeast Quarter of Section Section 31, Township 5 North, Range 66 West of the 6th P.M. , and a part of the Southeast Quarter of Section 30, Township 5 North, Range 66 West of the 6th Y.M. , County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) : Reception No. 1782286 , Book 860 Reception No. P231288 , Book 1280 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. Homestead Title Co. of Greeley, Inc COMPANY is hereby limited to the fee paid for this Certificate. In Witness Whereof, Homestead Title Co. of Greeley, Inc. COMPANY has caused this certificate to be signed by its proper officer this day of April 25 , A.D. , 19 91. at 7:45 A.M. o'clock. Homestead Title Co. of Greeley, Inc . COMPANY AUTHORIZED SIGNATURE 910495 • *At f; `' • CV 0 )eA, / .awlfAalaetAiiide I °Oil an.,4"6 ...416416". -� FehW iwr..--..+.-e lade .-4I iesl4 il1lMend Ti►>mideet temtr e�eee o, -.--la NOISY WAGNER and SUSAN A. tXBeR•.-- ---------------- I d flew �Ia�el..-....el..-....el..-....sand -,sea ilam diWh da'll d dr m pia co GE antiRALD D. p^48HlEd, an undivided one-ball' tattiest, C. EUGENE ea e y ^' NOSSINE0. en undivided one-fourth interest, and STEVEN A, NGl6SBERG, p AO meth fled one-WI interest, 3 24th Street oa pcele r ----6-- 1d ,ue Fw d" 'd-ia im�1.16 e .-1 ate to US M mil rat 3es "' d la Ilie salt he w O eeaMwdn d de to el other valuable considerations ead '0ne Hundred------------ --NOL•" ° aeOaed gat LOS disIld aYtwdw l*ibeailon les dila sad PM Slade ASS N ° bode wend w aalaael d.have oast eepalad will'ar..w.L Mg Vi leer peleee de to el 0616 amnb ad1 SW.w ane.e:.eda M mil me ie s d is at pa tr.'s sr MS w man M H m�mt,I d de Yids dsd M lh gaped al Le► �a bee ed Mille M dm pa d WS h w tltlr el Cid%Was Lot "Be of Recorded Exemption No. 0959-30-4-RL374, as per map recorded February 13, 1979 in Book 860, under Reception No. 1781716, being the Northeast Quarter (NFY) ••••_ bof Section Thirty-one (31) and a • o part of the Southeast Quarter (SEy) of Section Thirty (30), all in v r9 Township Five (5) North, Range Sixty-Six (66) West of the 6th P.M. , together with all water and water rights, ditches and ditch righ a, ,— Jog including, but not by way of limitation, eight (8) shares of the Capital stock of The Greeley and Loveland Irrigation Company, eight ,T� (8) shares of the Capital stock of The Seven Lakes Reservoir Company, sixty (60) acre feet cf Northern Colorado Wate* Conservancy ',istrict water, one (1) allotted City of Greeley water tap, in addition to the existing farm residence City of Greeley water tap. . Star Ooumwer y Pee a txr FEB?0 127.2._. *Weld County Records; ...,--6- cc . TOMO= PIS M W ahatdw the haadaarew awl soperteeeeew tie:ante bebsdly,et is asy • - wM aAwhlaYr, w Its ranee sad teawir, re minder mad rwdedew New,ISM W pale eareslt d d Ms.vm%at+a. tale, Iwwew,dim gad dame Meteenet el We did wt ie s el We Wet We either ie ae -- et map ed is arts Its done hwrisd pane. wits Ma ►wadamow W eawwwweaa. TO MATE AND TO MOLD ma sit eerier*above betetiad ed sad dratted. w erli rers mat .t ail IS d is areda tht>,r St Mks semi mkt tve+ver. Add the meld pad ies oleo lent :t Dal. be themselves, " WA. ewetwe tad "Su' vs. da ear e.t neat hash W memo . le ed wr le re Dr t le sd Ufa emed wet their hairo as awls tee.albeit=et r se. • ware w Slows al Oa pmee a they arebae aid d the pert as above meee4et es eland.all am .:a M dab*all rdlhaaila sea of Iaborha lo law. Is M tadk ad is veaed wept lit rave tad hdd f MISS m 6106,Ill lb.eE w the a any m is maw sal aeon weer w the Mere eve see w deer Me an Ian W fleaethefleab imS red.amen.tees.emee pee art isainse s d wind I. Se midge mewl Subject to 1979 taxes, which said taxes the Grantees assume and agree to pay, also subject. to condicions contained in United States Patents, easements and rights of way of record, and mineral reservation in instrument recorded in Book 228, Page 142, * at IN MCA pmdsea is the SO tad ameamehb pees we+ee el the ter Pm it s et the.send Meet heir Sae W swaa amber d sod ever:penes sr prier Wavily aewes or to thin tbo whi w w let Owed lea rld pert it's d the ere part ease and wee WARRANT AND FOREVER DEIEND. IN NITEti5a WEERMOf,TM red pan ie s of the 6d.out ha ve haeesao mat theirs.* or e i s Se dayead pea ere shove writs. iy j aaK s.lr W Marred 6 Er Prwe.a d �i- 1�c. L ( C /-- T) (Henry Waner ' __.,_— -- aau,san A thane - ......w.....r . _ - "A or cc .OEAD0.� Ins ts?9 TM*wile lrMe spar W n r ackprwed We *a__20 ..*,or ,• . February._ hp ienry Wagnsi . • o ail Susan A. Wagner. ._.-_.-- `..,iy .0 ...., • waasw 11F Mad ad 01Meeteei t7 • N. Co•�s ask...------.ion axpirea hbr,1 1930 �� lJld , - .. \ r ' t' t in f Kt B 1280 REC 02231280 10/26/90 16112 tl � AR22312a0 �-- AB.00 1/001 — F 1363 MARY ANN FEUERSTEIN CLERIC a RECORDER WELD CO, CO .. _ -. __. -_.-. _ i I. .. .. _ QUIT CLAIM DEED �I GERALD D. MOSSBERG, C. EUGENE MOSSBERG and " •1 STEVEN A, MOSSBERG whose address Is 4603 83rd Avenue, Greeley, Colored - `. f Ir. 80634 l County of Weld ,and State of State Documentary Fee ' 1,. 90 �- Colorado ,forth°consideration of Thirty thousand Date..../Q'2(._ l ) • ' \ > 3. OO • and no/100 ($30,000.00) Dollars,In hand pald, / hereby sell(s)and quitclaim:alto G. D. Mos s berg and Janet Lea Sherrod-Mossbe - whose address it4603 83rd Avenue, Greeley, Colorado 80634 • 1 Kl i l County •.*:- of Weld ,and State of Colorado ,the following real t y I ,� r property,in the County of Weld ,and State of Color ado,to wit: ' ' Lot "B" of Recorded Exemption No. 0959-30-4-RE374, as per map t�.• I • I recorded February 13, 1979 in Book 860 under Reception No. ,, 1781716, being the Northeast Quarter (NEk) of Section Thirty-one - (31) and a pert of the Southeast Quarter (SE}) of Section Thirty , (30), all in Township Five (5) North, Range Sixty-Six (66) West of the 6th P.M. , together with all water and water rights, - t ditches and ditch rights, including, but not by way of limitation, sixty (60) acre feet of Northern Colorado Water `'I • Conservancy District water, one (1) allotted City of Greeley - 'IA i water tap, i.n addition to the existing farm residence City of ' 1 Greeley water tap, subject to a reservation by the grantors - i q .J. y herein of all minerals lying in and under and which may be produced from the above described property together with rights " of ingress and egress for the mining, exploration and production l �t.''i of same. 1 7 i,1 k .`' : l \ •A, . • � { r. also known as street andnumber4603 83rd Avenue, Greeley, Colorado 80634 'fir ' with all its a ur �- ppurtenances i 't• '. Signed this t8 day of Da..�...t/,1990• �. C. ' OS ER _ • ti. � EVEN fT��`S • ER = w,�� '. , . STATE OF COLORADO, ' **/'' 1' � i wii7 n, e'+r( ' e' \ County of WELD pp``'''� p�,0,G7 o'2t7sy tF»s \� The foregoing instrument was acknowledged befon me this iejµ day of� ��l t, 8•�" " `d� ,l ta)0 shy GERALD U. MOSSBERG C. EUGENE MOSSBERG end STEVr eat- "iit„ _I • d • My nmmlesion expires M, �juVO,NS% r �; d t; . _� v tl m..t. +4P 1i WITNESS my hand and official seat. / ♦ .' •. �1 : .. ,.tir l 1 ' - t. iJd. atnrrgownw. na 9 WAS Naiades. Mee a *�✓ A e .,Deem A 0 � I Nana.M wtina '.1 .. A cc �' • B 12_80 REC 02231281 10/26/90 16112 pl!i.0(1 1/003 F 7 t MARY ANN FEUERSTEIN CLERE a RECC I?R WELD CO, CO ' DEED OF TRUST - (Colorado) I 1. Grantor. G.D. MOSSBERG JANET LEA SNERROD-MOSSBERG 4603 83rd Ave. Greeley, Colorado 80634 2. Beneficiary: UNITED BANK OF GREELEY NATIONAL ASSOCIATION 1 ' 1025 — 9th Ave. ' -! Greeley, CO. 80631 f a. Trustily: The Public Trustee for the County in which the property re located.WE i e. Property: The following land ink County,Colorado. See Exhibit "A" attached hereto which is made part of this Deed Of Trust j- by this reference and further describes the property. 6. Nato&Ions (a)All indebtedness evidenced and created by the following descrbed promissory mote(Me , "Note")payable to the order of Beneficiary,and aff renewals,edeoa:Ms and amendment - thereofandsubstitutionstherefor. Date: October 18, 1990 Amount $263,000.00 Maturity Date: July 2, 2001 Maker(If other than Grantor): (b)future advances made by Beneficiary on or before the maturity detect the Note phis a Interest thereon provided any required notice of right to rescind or cancel has been given;(c) , all expenditures made or Incurred by beneficiary pursuant to the provisioned the Note and this + ,.'.� deed of trust together with interest thereon. , a (d)other: I e. Construction t; n nnv� TT ' Merlpspe:_.: If checked here r t this deed of tnnl.eaturos an fndaMedrleegTor 0,181P bon , r ,,;. 1 0 . . purpoasendeKdbedhCRS(1WS)escdan 40313,, +u�.ry a ' ' I THE GRANT,TERMS AND CONDITIONS BELOW AND ON THE REVERSE SIDE ARE A PART OF THIS DEED OF • r TRUST AND ARE HEREBY INCORPORATED INTO IT. ,) Date: As of October 18. 1990 -445 77fratigel ,, 0 . lei SE G — { ANnl: Co-owner,spouse or other claimant of a right with respect to the real property dettoribed above pine in granting tM , lien and waiver set forth In paragraph 13 of this deed of trust,but does not assume any liability for payment of the Note. ., Data: elsn.wm .. STATE OF COLORADO ) )o, COUNTY OF Weld 1pt s TM loregoMg Instrument was acknowledged before me thh_LY__.day of to etblUi•' ,19 ,v. :, r1 :'::` by C.D. MOSSI RRG AND JANET LEA SNERROD-HUS8BEAG - Di ....►IOek10I117rIQ•"' _�� •,:''wit !� as BeiwMryoF" a eoorp0,900). i l nn,t",,, 1 j)teth ., , � �"°ollb el seal. 7�G �p` _" n J om r tiro i #fpi�(ij O;Ar?Y' �a ) n . ,rp•++-�1,4 � � t my commiulon'Ohl.."7•Iq•q2 _, R t N►►►' consideration Glamor hereby saps and°Min IM PtopnN to Town,logslMr with as Aa , turn,wile,044 and profits,water,ditch and reservoir IOM,however evidenced,epperidhing an M connochon therewith,and warrants the hile to the Properly,aubpol to Ilene RN real preper0•lean _ and steesemmds not currently Om and otMl matters shown on any attachment hereto.Thin Otani la made In WA le{Kure the Obigatoni. 91_0495/{ Y is 4atnn tatty a ,,..s4 . . ,ryga,«/�"-w -e 't +• ,Sti;y.y z ',16 it'l/'-eg tYo._ B 1280 REc 02231281 10/26/`90 1:1z 01:).G0 2/002.4l F 1365 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 6.Cevenenls of Grantor.Grantor covenants and agrees;(a)to pay and satisfy all the Obligations and to keep and perform according to thew - terms all of the covenants and agreements contained in this deed of Im61,the Note and in any other instrument which may have been executed in connection with this deed of trust;(b)to pay and satisfy when due all claims,taxes and assessments and prior encumbrances which affect . the Property and not to permit or suffer any other lien against the Properly,except with the prior written consent of Beneficiary;(c)to obtain and }' maintain al all times policies of fire and extended coverage insurance in an amount equal to the full insurable value o all improvements on the Property,and such other hazard insurance as Beneficiary may require,all with such policy provisions and with•such companies as may be . approved by Beneficiary,with Beneficiary named as an insured party,and to assign and deliver the policies of insurance to Beneficiary,and to ' authorize application of the entire insurance proceeds from such policies to the payment or.in the discretion of Bone'iciary,prepayment of all or any part of the Obligations.with the surplus,it any,to be paid to Grantor,(d)to keep the Property and any improvements which may at any time be on the Property in good condition and repair and 10 commit or suffer no waste;(o)not to commit or suffer destruction or removal of any improvements which may at any time be on the Property without the prior written consent of Beneficiary,and not to assign the rents or income from the Property except to Beneficiary;(I)to comply with applicable insurance policy provisions and all laws,ordinances,rules and regulations of governmental authorities governing the Properly or its use;(g)to appear in and defend any action or p°deeding purporting to 1 affect the Property,the Note,this deed of trust or Beneficiary's rights therein or herein and to pay or reimburse Beneficiary for all costs and expenses,including attorneys'fees,incurred by Beneficiary as a result of any such action or proceeding;(h)that all awards and proceeds i received in connection with the condemnation of or injury or damage to the Property or amounts received in lieu of such awards or joroceeds (: shall be paid to Beneficiary and shall be applied by Beneficiary first to costs and expenses,including attorneys'lees incurred by Beneficiary I in connection with such awards or proceeds and then to the payment or,in the discretion of Beneficiary,prepayment of the Obligations with r the surplus,if any,to be paid to Grantor;(i)that,it Grantor fails to keep and perform any covenant or agreement contained in this deed of trust according to its terms.Beneficiary may,alter reasonable notice,take or cause to be taken such action as a deems necessary or desirable to the end that such covenants and agreements may be kept and performed.and any sums advanced or costs and expenses incurred by Beneficiary in connection therewith,including attorneys'fees,shall become due immediately without notice and shall be due and payable on _; demand and shall bear interest at the rate on the face of the promissory note;(j)at the request of Beneficiary,to depo;it with Beneficiary each } month an amount equal to one-twelfth of the estimated annual real estate taxes and assessments for the Property ano one-twelfth of the 4 estimated annual insurance premium to be applied to payment of taxes and insurance as required;and(k)to notify B met'Glary promptly upon l.:. i the violation of any covenant contained in this deed of trust. S 9.Environmental Covenant and Indemnity.(a)Grantor covenants and agrees that the Property is not currently the subject of any threatened t or ongoing litigation,judgment,decree,order,citation,complaint or notice of violation relating to or arising out o'environmental laws or issues. I To the best of Grantor's knowledge,0)the use of the Property will not result in Contamination or threatened Contamination.and no IContamination or threatened Contamination was formerly or is presently on or under the Property that could lead to the payment of or for l f damages,penalties,injunctive relief or clean-up costs or would require clean-up,removal or remedial action under any environmental Law or t regulation thereunder or common law,and(ii)the Property is in compliance with all applicable environmental laws.(b)Grantor agrees to t defend,indemnify and hold harmless Beneficiary for,from,and against,and to reimburse Beneficiary with respect to any and all claims. actions,costs and expenses whatsoever(including,without limitation,attorneys'lees and expenses and costs reasonably incurred),known or - unknown,asserted against or incurred by Beneficiary at any time by reason of or arising out of or relating to any actual or alleged violation of � . any existing or future environmental law or regulation thereunder or actual or threatened Contamination on or under the Property,whether or not such Contamination was in violation of any environmental statute or regulation thereunder.This indemnity shall last indefinitely and ismkl specifically intended to survive the release of this deed of trust.(c)The terms Contamination or CContaated shall mean the presence of sok, i or hazardous waste,hazardous substances,pollutants or contaminants.petroleum,toxic or hazardous constituents,or similar material:6as �. such terms are defined under any federal or state or local statute,whether currently or subsequently enacted,or regulation thereunder or ' under common law. i 10.Transfer.If Grantor shall lease,sell,contract to sell or otherwise transfer allot any pert of the Property without the prior written canaent of - h = Beneficiary,all Obligations shall be forthwith due and payable at the election of the Beneficiary it permitted by Colorado taw as then in effect Beneficiary may require the transferee to assume the Obligations as a condition to Its consent to the transfer and impose any other conditions gI permitted by law.Grantor shall promptly notify Beneficiary at least 10days prior to any transfer of the Property. a 11.Events of Default.The occurrence of any of the following shall constitute an event of delaufi hereunder.(a)failure to pay arty ol rile Obligations when due;(b)failure to perform or observe any other covenant contained in this deed of trust.the Note or any other agreement i given by Grantor to Beneficiary in connection with the Obligations(c)any warranty,representation or statement of Grantor in this deed of trust, or otherwise made or furnished to Beneficiary by or on behalf of Grantor,proves to have been false in any material respect when made or _I furnished;(d)death of,dissolution of,termination of the existence of,Insolvency of,business fefiureof,arc oinenmt of a receiver'many pan of the property of,assignment for the benefit of creditors by,or the commencement of any proceeding u r any bankruptcy or ineoNeny i .j , • laws by or against Grantor or any guarantor of the Obligations;or(e)good faith belief by Beneficiary that the Obligations are madequateN t secured or that the prospect for payment or performance of any of the Obligations is Impaired.II this deed of trust is given to secure the Obligations of a person other than Grantor,an additional event of default shall be the happening of any of the above events or conditions to,by e or with respect to such other person.• - t 1 12.Remedies Upon Default.Upon the occurrence of any event of default,Beneficiary shall have the following rights and remedies which enY r j be cumulative and which may be exercised with or without notice,and which may be exercised separately,Independently or cancurrenty antl j more than once and in any order,and without any election of remedies to be deemed made,and without affecting the right of Beneficiary to t - exercise any other remedy hereunder or which Beneficiary may have In law,and without regard to other remetlles then,theretofore or thereaaef 1 pursued or being pursued:(a)to declare any or ell of the Obligations Immediately due and payable;((b)to take immediate possession, management and control of the Property and to repair an maintain the aame at the expense of Gran Wr and to perform such acts thereon ce in i I connection therewith as Beneficiary may deem necessary or desirable:(a)to collect and receive any and all rents,issues and profile fromlhe 'i Property and to apply the same to the Obligations In any manner or to the repair or maintenance of the Properly,or both;(d)to apply for and I obtain,evade and without notice,the appointment of a temporary receiver and seer notice,the appointment of a permanent receiver for the ( 1 Property or of the rents,issues and profits thereof,or both,and to have such receivers appointed as a matter of right without fegad to the i solvency of any person or the adequacy of any security or the existence of waste,and to have sums received by such receivers,st eer deducting and paying costa and expenses of such receiverships,Including attorneys'fees of Beneficiary,applied to the Obligations In such manner and order as Beneficiary may request;(e)to foreclose this deed of trust through the Trustee or through the courts as the Beneficiary `. may desire and to become the purchaser of the Property at any foreclosure sale;11 foreclosure is made through the Trustee,such toreckmure f shall be conducted in the manner provided by the laws of the State of Colorado;(I)to clean up Contamination at the expense of Grantor. 1 The proceeds of any foreclosure sale shall first be applied to reimburse Beneficiary for reasonable costa and expenses of foreclosure and i b)reasonable attorneys'lees(of any attorney not a salaried employee of Beneficiary)not In excess of 15%0l the unpaid balance there due or II allowed by the Uniform Consumer Credit Code,such additional fees as may be directed by an appropriate court,and(c)the balance of the ( proceeds,shall be paid first to Beneficiary to pay the Obligations,with the surplus,it any,to be paid to the owner of tte Property on the dale of i • the foreclosure sale. . H.Waiver of Homestead 8xempUon.Grantor hereby waives all rights that Grantor may have in or to the Property as a homestead exemption r or under eny similar law that may hereafter be enacted Such waiver shall be effective as to any foreclosure hereunder and to any redemption f by Beneficiary from the foreclosure of any encumbrance prior in right to this deed of utt 14.Mieeellaneeme.(a)This deed of trust and each of its provisions shall be binding upon the heirs,personal representatives,successors and !. assigns of Grantor and shall inure to the benefit of the Rueter:,the Beneficiary and his and its successors and assigns,(b)This deed of trust , may be amended or modified only by an instrument In wrillnp signed by the parry charged with such amendment or waiver,(y.(c)The terms , `Grantor," ry upon production of he Note,duly cancelled,and p yment of*Note llfees and coati by Grantor relent:Ihs degh ed of trust wlttlM)The Ndher s� • showing as to payment of the Obligations.(e)If more than one Grantor,all the terms and conditions of this deed of trust shall apply to@ache( them.(1)The Trustee may release pans cl the Property from the lien of this deed of bust upon the requeal of Beneficlary Nithout impairing cry•rights Or priority Beneficiary may have in the remainder:lithe Property or against Grantor,(g)Failure on the Beneficlaly%pan to exercise as 'E-rights in the event of any one default shall not constitute a waiver of WO rights In the event of any subsequent default.(h)Any correct notice• r i,.. and other communications required or contemplated by this deed of trust Shall be In writing.If intended for Grantor it shall be deemed given('_ u f. maned,postage prepaid,le Grantor at the address given on the reverse side hereof or at such other address given by notice as herein provided.If intended Ia Bank It shall be deemed,given only if actually received by Bunk,1U Where the Grantor and ocngor on the Obligations are not the earner the WM'Grer tit'means the owner oI the Properly,in any provision dealing with the Properly,the obligor in MyprOveslon denting with the Obtigatrone,and both where the context so requires. l lgyp jyy t. 'emtwe-ette w-' -3-w ' -3,4 ea-- ,.r.... 1WM c“.t reh....14,<3.:'.'.F x' ,,.1..'i. aR 444 ",SY^' a A • D 1280 REC 02231281 10/26/90 16:12 :45.00 3/003 F 1366 MARY ANN FEDisilsTEIN CLERR 6 LECORDL'R WELD (:0, CO I { d EXHIBIT "A" 1 This exhibit is attached to and made a part of a Deed of Truat + executed by G.D. Mossberg and Janet Lea Sherrod-Mossberg, in favor 1 of United Bank of Greeley National Association, and further f . describes the property of the Debtor. Location of property: �- I Lot "B" Recorded Exemption No. 0959-30-4-RE374, as per map i t recorded February 13, 1979 in Book 860, under Recetion No.i f 1 1781716, being the Northeast Quarter (NE1/4) of Section Thrty-One f. (31) and a part of the Southeast Quarter (SE1/4) of Section ! Thirty (30) , all in Township Five (5) North, Range Sixty-Six (66) i. West of the 6th P.M., together with all water and water rights, ditches and ditch rights, including, but not by way of limitation, sixty (60) acre feet of Northern Colorado Water Conservancy - District water, one (1) allotted City of Greeley water tap, in addition to the existing farm residence City of Greeley water tap, subject to a reservation by the grantors herein of all minerals . lying in and under and which may be produced from the above described property together with rights of ingress and egress for _.. the mining, exploration and production of same. Commonly known as: 4603 83rd Ave., Greeley, CO. X t, G. Mossberg el (. Ja t Lea Sherrod-Mossberg v'T P t e ( p .4 d M , Y 1 44 n v i₹`, A.fig 4," .. 3 p Y. xb`.t I*. t hi �fe- iAi y a er' tr•' a x p4�' 7r? •1'4 t I �. p Po'q 5?�9'1•.Cy b ).' i k � xY d `EYsr L �� `'h 1'w a ( P 4. We would like to divide the lot into two separate lots for 2 specific reasons ; ( 1) for financial reasons to improve the house and existing out buildings. (2) for legal and estate planning. 5. I believe that this proposal is consistent with the policies of the Weld County Comprehensive plan because both parcels will continue to serve their specific purposes. One will be a personal residence and the other will continue to be a farm; both have public access to County roads and City of Greeley water; both parcels are large enough for adequate sewer provisions; 6. The proposal is not changing the zoning district in which property is located. The area is primarily agriculture with a few lots for residential use only. 7 . This proposed exemption will not permit any uses that are not comp- atable with the present zoning. The zone area is agriculture and the house will continue to serve as the owner' s residence. 8. The uses permitted which are a residential house and farming both livestock and crops will be compatible with the future development as projected by the comprehensive plan of the county. 9. The proposal only improves the present residence on the property and is consistent with efficient and orderly development. 10. The source of domestic water is an existing City of Greeley water tap for the smaller parcel. The source of domestic water for the larger parcel is ( 1) allotted city of Greeley water tap listed in the Quit Clam Deed dated October 18th 1990. The sewage disposal methods are septic tank and leach line on both parcels at the present. The smaller parcel has such a system. 11 . The property under consideration for a recorded exemption is not located in a flood plain,nor a geologic hazard and is not in the Weld County Airport overlay district. 12 . No other information is deemed necessary by the Department of Planning Services of Weld County at present. 9 .04` ........ , /eteroievEv ExE'/14.0rio/v 4/00959-3n- 4- RE 374 fete nc . N� ler. SPv. Jo-S- 6G V , ; LOT ;4" a R a 4 pl - -.50 e; �•r9a,a �• I >ie.ao, S.oa•an Oo"u. ece es 1 /4.nos 5� - /,ose-'9ees iir • • /hear ^ S9a 0:03030".S. 2sa.ea• .1 I u r IN";04°0:eaefi'r Pc�u -rCE 2/.99" —2.j. ea.B6 Aa tp• N9a-co'M"E. .£vSP 2.1 a.co• �� pr SE, '1S Smmm :oc. 5 74 E `5r .4.L__ so.9..�s' D Ilfl'Lee U 00 •-J t'Por S 3 00� • ems.,,-- e° ^ fZ 1p W o ti r 4, /C6 5 L5 L9 o` 7 0 S &' ;t o N o so-74 / /4049" :9 4 N .70-4--t6 o� fret.,fn..7 2 — • - Se/ 1_ Co.Rl.Szel _fi/n /Land n k ,e 66 w. Q A , El 51 r QG S 4 I 1 i9 we/d G. R<J-N?s4 Z eooR Aaf aill ``�..Z._... o'clock ...� .,FEB_.13_ 979 \ 1781716 fry,,,,tiaten,ezt;,, Rec. No. rILe rt ra_ rt a'4 9•=1- State of Colorado, Weld County Clerk b Recorder elf/eV&et Ia tENRV}I....5V-5:44/.4. 4/AGNEIP 2s \5 aorn.„ SO 4643 d u B.?• AtNae k ' \ ��` \-40 29 nor a " gtoP/ey . Co/a. do63/ { - 6PlF[[Y („N) I \\\ "Ua iC Mj • wR dr r it? ��w s 3a u \ .3.4 •1 ` 3e Ile \ \ . Z • `/e'/N/TV MAP T.T/Y. 91-0495 7-./A/ a s PURPORTED COPY „2„rese eh"9tore/i/79 7B-7D_3-- 4,ehilt ) „nil GfP le�,--ea,/ S E �1 5 e L 1 Lot � X(5 1,,i lie C('SS j t , E-� - , 5i, ,, l rerss Ca 5 1 O L N — coILl ,C-2 %, �e ,./ e,, a'd �y - — - -- — µ I n1 r b cee- 3 N v [ ' rd �4�4� `---L4CI c.0 f. I I I-- --- --- 3i , 910495 I, u . Fyi-slinj 84— l°/ln9.$ 101 )1 �f r-S 1,0 P 5PS bAI— C„rra� � ��"" zrotr (r4k iocr„) s Xis 1 }.'R s�Lnee U-O hr I--Ent/rend) (inir`— Rre-r. �t I 910495 i (" DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4090,EXT.4400 ' 91510th STREET GREELEY,COLORADO 80631 C. COLORADO May 7, 1991 G.D. Mossberg 4603 83rd Avenue Greeley, CO 80634 Subject: Recorded Exemption - 1346 Dear Mr. Mossberg: Your recorded exemption application is complete and in order and will be processed on or before June 6, 1991. 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 to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Greeley Planning Commission for its review and comments. Please call Steve Hill, at 350-9783, for 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 Greeley Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this matter, please feel free to call me. Respectfully, ocze4,44. Brian A. Grubb Current Planner 91.0493 REFERRAL LIST NAME: G.D. Mossberg CASE NUMBER: RE-1346 REFERRALS SENT: May 7, 1991 REFERRALS TO BE RECEIVED BY: May 20, 1991 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 _Fort Lupton Building Inspection _Frederick Garden City STATE Gilcrest _Division of Water Resources X 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 _Eaton F-4 _Nunn _Fort Lupton F-5 Platteville Galeton F-6 _Severance Hudson F-7 _Windsor Johnstown F-8 La Salle F-9 COUNTIES _Longmont F-10 Adams Milliken F-11 Boulder _Nunn F-12 _Larimer _Pawnee _Platteville F-13 FEDERAL GOVERNMENT AGENCIES Platte Valley F-14 US Army Corps 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 X Loveland and Greeley Canal c/o Donald Brinkman COMMISSION/BOARD MEMBER 808 23rd Avenue Greeley, CO 80631 (� V F-V(y 9") DEPARTMENT OF PLANNING SERVICES ru /� -�,- �� PHONE(303)3564000,EXT.4400 mpe ��J �I��/ � 91510th STREET GREELEY,COLORADO 80631 EaY 1 1991 COLORADO Wefu to. Some "aum .iu May 7, 1991 CASE NUMBER-RE-1346 TO WHOM IT MAY CONCERN: Enclosed is an application from G.D. Mossberg for a Recorded Exemption. The parcel of land is described as part of the NE4 of Section 31, and part of the SE4 of Section 30, T5N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is west and adjacent to Weld County Road 27, approximately 1/2 mile south of Weld County Road 54. 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 May 20, 1991, so that we may give full consideration to your recommendation. Please call Brian A. Grubb, 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. V 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:S(144id- 4!'.2c.frjena..._J Agency: ) /j(-C,J„c O1 Date: ,_54/9/ V 1)10 95 ri-Aoskf,"-; mEmoRAnDum wine To Weld County Planning Date May 10, 1 i j; COLORADO From t Subject: Case Number: &E- �� .:.e.f L V..:r `— Environmental Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. An I.S.D.S. Evaluation on all existing septic systems will be necessary prior to issuing the required septic permit on the existing system. WP/cs-32 Eito lt9S FIELD CHECK FILING NUMBER: RE-1346 DATE OF INSPECTION: May 9 , 1991 APPLICANT'S NAME: Gerald Mossberg REQUEST: Recorded Exemption LEGAL DESCRIPTION: The NE4 of Section 31, and part of the SE4 of Section 30, all in T5N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: West of and adjacent to Weld County Road 27 at the terminus of Weld County Road 54. LAND USE: N Residential. E Agricultural production. S Agricultural production. W Agricultural production. ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS : Access is from Weld County Road 27. The lot slopes gently to the south. Lot A has two residences, outbuildings and corrals being used for dairy cattle. The plat is correct as drawn, with the exception of a natural gas well about 200 feet south of the corrals. Current Planner 91.019 1 COMMUNITY DEVELOPMENT k x` „� 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780 May 29, 1991 o' f, a . Brian A. Grubb jy.AY 1991 Current Planner Weld County Department of Planning Services 915 10th Street IYeld CO. Rif Greeley, CO 80631 �B8106 RE: WCR Case No. RE-1346 Dear Brian: The property in the above-referenced application is outside the Greeley 1986 Comprehensive Plan Long-Range Expected Growth Area (LREGA) . The parcel is within the three-mile area of influence, and, therefore, within the purview of the Comprehensive Plan. It is not clear whether this parcel has been involved in any other property division since 1972 because the specific question on the Weld County application is answered "no" but the legal description of the property includes a recorded exemption from 1977. If the property has not been involved in an approved recorded exemption within the last five years, the City would have no objection to this recorded exemption. The gross density does not exceed the recommended density of one unit per 20 acres for the area outside the LREGA. With a 50-foot right-of-way dedication from the centerline of Weld County Road 27 and adequate setbacks, the recorded exemption will be in compliance with the Greeley Comprehensive Plan. Thank you for the opportunity to review and comment on this item. If you have any questions, please do not hesitate to contact our office. Sincerely, Greg Tebbe Plan II J 91_049N Hello