Loading...
HomeMy WebLinkAbout972828.tiff'ASTI. _:amncZM J +�t ( < \ §.per , ! \ \ .k. a jaz -. y • ----- 2,` ( $lat:t; 111111e. COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: Richard A. & Marsha D. Miller Case Number: AmRE-478 Planner: Shani L. Eastin Legal Description: Lot A and Lot B or RE -478, N2NE4 of Section 29, T6N, R64W of the 6th P.M., Weld County, CO Parcel Identification Number: 9812-29-000051 . Larger Lot Size: 73 acres Smaller Lot Size: 2.14 acres Water Source: North Weld County Water District Sewer Source: septic Meets Criteria Yes No X X X X X Criteria Checklist 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. 2. Compatible with the existing surrounding land uses. 3. Consistent with the intent of the zone district. 4. Consistent with efficient and orderly development. 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat, the applicant shall: a. The following note shall be placed on the plat: All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. b. All accesses shall be clearly shown on the plat. 1997-2828 3. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. By S a i L. Eastin + rrent Planne Date September 12.1997 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312 111111De COLORADO August 14, 1997 Richard and Marsha Miller 31875 Weld County Road 53 Greeley, CO 80631 Subject: Am RE -478 - Lot B of RE -478, N2 NE4 of Section 29, T6N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Miller: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, 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. If you have any questions concerning this matter, please call me. Si erely, Sh ni L. Eastin Cis ent Planner SLE/sef RECORDED EXEMPTION CRITERIA CHECKLIST 1. What is the SCS soil classification for this site? 2. 3. Will either of the lots be used for agricultural production? 11? Will the proposed configuration of the site make future farming practices less efficient? 11.3 Staff Use Yes No N/A 2. Lot ❑ in' a Lot B ❑ ..--d 0 3. Lot A 0 e� ❑ Lot B _,a' ❑ ❑ 4. Is the applicant willing to place a conservation easement or some other 4. Lot A ❑ _R- a mechanism on the property to maintain farm production or open space? 1:1;;3 Lot B 0 - ❑ 5. Does the application meet the Weld County Public Works Access requirements 5. Lot A •--rr ❑ a as cited in Ordinance 180? 11 3:13.4 Lot B I6" ❑ ❑ 6. Will the site utilize existing housing? 11 X3.6 6. Lot A ❑ a Lot B •IP" ❑ ❑ 7. Will the applicant designate a building envelope on either lot? 11.3.8 7. Lot A ❑ Lot B ❑ a 8. Is the in-house use water supply sufficient in terms of quality, quantity and 8. Lot A _43--- 0 ❑ dependability? 11 .3A Lot B -a— a ❑ 9. Is water available to irrigate the site for crops, lawns, gardens, and adequate 9. Lot A ,' o ❑ for the maximum number of animal units allowed by right or Special Review Lot B ci' 0 ❑ permit. 11.3.4 10. Has irrigation water been removed from the site? If so, when 10. Lot A a '- D a 113:4 LotB o .tr o 11. Is the proposed land division consistent with current or future land use patterns? 11. ..- ❑ ❑ 11.3.9/11 3.10/11.3.11 12. This application does not create lots which would make further land divisions 12. .' 0 ❑ possible 11;:3 9/11 3 10/11311 13. Neither of the parcels related to this application are part of a previously 13. Lot A ..>a— a ❑ recorded exemption. 11.8.8 Lot B .M ❑ ❑ 14. How many recorded exemptions are adjacent to this parcel or Section ? When were they created? 11.3.9/11,3.10/11.311 15. Are surrounding parcels larger than the minimum lot size? 11 310 16. Are there unique physical characteristics on this site? 11.3.13.8 Yes No N/A 15. ❑ ❑ 16. Lot A Fri ❑ a Lot B ✓°' ❑ ❑ Yes No N/A 17. Is the site in compliance with the zone district regulations and applicable Weld 17. Lot A .-E"' a a County Health Department requirements? 11,..5 Lot B ,� ❑ ❑ Engineered Sewage System(s) 18. Does this request comply with the Weld County Comprehensive Plan or .............. applicable Intergovernmental Agreements '1:1.3.9 19. What is the proposed use of the site? LotA _Azt-i/;�e'.� LotB �t CL/ Xr`�≥.rt�7:,' CJ's ((1 -(4ev ,al 20. Did the referral agencies recommend approval of this request? If no, why not? 21. What impact, if any, will this land division have on adjacent properties? STAFF USE ONLY Date Received Size of Parcel Legal Description Location APPROVED -BOARD OF COUNTY COMMISSIONERS HEARING: Date STAFF APPROVED: Date Yes No N/A a a a 18. Comp Plana a —Er- IGA ❑ 0 �a— IGA 20. Yes No N/A ....................... ........................ ....................... ........................ CASE # AmRE-478 APPLICANT: Richard A. & Marsha D. Miller REQUEST: Amended Recorded Exemption LEGAL: Lot B of RE -478, N2NE4 of Section 29, T6N, R64W of the 6th P.M., Weld County, Colorado LOCATION: South of and adj. to WCR 66; West of and adj. to WCR 53 PARCEL NUMBER: 1`2-29-000051 Jh'� Date By Application Received August 11, 1997 Shani L. Eastin Application Completed August 11, 1997 Shani L. Eastin Referrals listed August 12, 1997 Shani L. Eastin File assembled S , x-611 Letter to applicant mailed e -4if7 ;417 Vicinity map prepared (-Pb Referrals mailed S . 1( Gfl Chaindexed R .1(4- [ Field check by DPS staff Administrative Review decision: l VI`+C--- C\- 0- C/y \ q! --- History card completed Date By COMMISSIONER HEARING DATE Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received History card completed Recorded on maps and filed Overlay Districts Zoning Airport Geologic Yes — No ✓ Yes No Flood Hazard Yes No Y✓ nEPARTMENT OF PLANNING SERVICE (N 16� ) A2 c Weld County Ad rative Offices, 1400 N. 17th Avenue, Gr Colorado 80631 Phr 970) 353-6100, Ext. 3540 - Fax # (970) 6312 APPLICATION FOR RECORDED EXEMPTION Application Fee Receipt Number C( ,j/J Case Number -%sl Recording Fee oO 7eipt Number r, I iTT ) Zoning District Application Checked By Planner Assigned to Case 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: /sit i . .. Total Acreage: =A2. Zoning A3 Parcel Number: " 7 C / 2, % C = ! (12 digit number - found on Tax I.D. Information or obtained at the Assessor's Office). / Has this property been divided tram or had divided from it any other property since August 30, 1972? Yes ✓ No Is this parcel of land under consideration the total ontiguous land owned by the applicant? Yes V No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes _ No ✓; Airport: Yes _ No ✓ Geological Hazard: Yes _ No FEE OWNERS OF PROPERTY / -/ /,, /J/,r / .. Name: r. Home Phone # - ' - Work Phone # c...</ / t Address: 2, i r Li. '�/ _ City/State/Zip Code C7r e'(-2_144 71 - 2!)%_-, Sipplicant or Authorized Agent: L.Au h r I , 1 -, /, Phone # Address: City/State/Zip Code Name: Home Phone # Address: City/State/Zip Code Work Phone # angler Parcel I A C JA C 1- Smaller Parcel Applicable only for 3 -lot Recorded Exemption tarac, Parrai SM n L:a_1G— Water Source ^, , i . !) ) r.' - <-- a i • , p Type of Sewer � , c la r; F L — r ,n 1. ' Proposed Use h,ro/ /' iiil'I?tlit( Kra _d .. A,,� Acreage <2/ *i ?) t n_I Existing Dwellings Yes or No � c" 1 '—[C c Existing Dwellings Address (if applicable): t� ,.F ,�.,/; Cr.(�,P.�y? War( ,.! urger Parcel Sncllat 'arcel Smaller Parcel (applicable only for 3 -lot Recorded Exemption) I hereby state that all statements, proposals, orplanWsubmitted with this application are true and correct to the best of my knowledge. t,dipjg ture: Owner o� rtYo i d 7 AUG 1119 Rev: 1-27-97 l S Agent ARTMENT OF PLANNING SERVICES Weld County Admin ive Offices, 1400 N. 17th Avenue, Greedic olorado 80631 Phone to 0) 353-6100, Ext. 3540 - Fax # (970) 35 12 APPLICATION FOR RECORDED EXEMPTION Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case 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. f Legal Description: t r t.. , rsf I ..- . -1 Total Acreage: 3- AC . Zoning Parcel Number 0 /210600 5 / (12 digit number - found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided_from it any other property since August 30, 1972? Yes No Is this parcel of land under consideration the total ontiguous land owned by the applicant? Yes v� No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes _ No ✓; Airport: Yes _ No ✓ Geological Hazard: Yes _ No FEE OWNERS OF PROPERTY A Name: r,'; //r Home Phone # � p -„;PS Work Phone # c5{-, n-1 Address: 3 /P75 4,/CP. City/State/Zip Code Applicant or Authorized Agent: S0 i') b o Ve- Phone # Address: City/State/Zip Code Name: Home Phone # City/State/Zip Code Address: -Feeger MdC_'t_C-re-- anel er Parcel 1 A'rCr Smaller Parcel Applicable only for 3 -lot Recorded Exemption Water Source d/-ur;,, i/94/- Li5'r"? 4 Sar Type of Sewer J ?pe{!c. 7 (A p u t-- g0. Proposed Use fora/ PEI. iden-Eia( QPcider're /Pro Acreage .:,117. I —t ~ iLi- / / Existing Dwellings Yes or No �' “, ‘'I // !CS reeJey 67o_; Work Phone # Existing Dwellings Address (if applicable): �!^ IargecParcel = /k7� N,�c/z - c7r(' G "�c6-'parcel Smaller Parcel (applicable only for 3 -lot Recorded Exemption) I hereby state that all statements, proposals, or plans submitted with this application are true and correct to the best of my knowledge. n Siddature: Owner otf�Ut d A rigent Rev: 1-27-97 5 • • RECORDED EXEMPTION QUESTIONAIRE ITEMS REQUIRED FOR SUBMITTAL 1. Water supply statements addressing the following: a. Domestic use. The statement will include evidence that a water supply of sufficient quality, quantity and dependability will be available to serve all proposed lots. A letter from a water district, municipality, or a well permit are examples of evidence for domestic use. b. Irrigation water. The statement will include the type and quantity of irrigation water to the site, whether irrigation water has been removed from the site and, if so, when. A statement explaining that the proposed lots will have an adequate means for the disposal of sewage in compliance with the requirements of the underlying zone district and the Weld County Health Department. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application. A description of how the property is being used. When the parcel(s) is located in the agricultural zone district, the description shall include approximate acreage of prime and nonprime farmland as defined in the Weld County Comprehensive Plan, number and types of livestock and any existing improvements such as the principal residence, labor home, mobile home, manufactured home, barn, outbuildings, irrigation ditches, and oil well production facilities on the property. 4. The reason for the proposed recorded exemption with an explanation how each lot will be used. 5. A description of the location, size, and present use of the area where the proposed new lot(s) will be created. 6. A statement describing any unique physical characteristics on the site, if applicable. 7. A statement indicating that all proposed or existing structures will or do meet minimum setback and offset requirements for the zone district in which the property is located. 8. A statement indicating whether the applicant is willing to place a conservation easement on the property to maintain farm production or open space. 9. A statement indicating whether a building envelope will be designated on any of the lots. 10. A statement explaining how the proposal is consistent with the Weld County Comprehensive plan and any adopted municipal plan, and any approved intergovernmental agreement(s), if applicable. 11. A statement explaining how the proposed uses will be compatible with existing surrounding land uses. 12. A statement explaining how the proposal is consistent with the intent of the district it is located within as expressed in the Weld County Zoning Ordinance, as amended, and the Weld County Comprehensive Plan. 8 13. A statement explaining how the proposal is consistent with efficient and orderly development as defined in the Weld County Subdivision Ordinance, Section 1.3; as defined below: Assist orderly and integrated development. Promote the health, safety, and general welfare of the residents of the County. Ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. Ensure coordination with public municipal improvement plans and programs. Encourage well -planned subdivisions by establishing adequate standards for design and improvement. Safeguard the interest of the public, the homeowner, and the subdivider. Securing equitable handling of all subdivision plans by providing uniform procedures and standards. Preventing loss and injury from fire in wooded terrain. Preserve agricultural land and promote its most productive agrarian use. Ensure irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses. Preserve natural vegetation and cover and promote the natural beauty of the County. Prevent and control erosion, sedimentation, and other pollution of surface and subsurface water. Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects. Restrict or regulate building in flood hazard overlay district areas, shoreland, areas covered by poor soils or in areas poorly suited for building or construction. Prevent loss and injury from land slides, mud flows, and other geologic hazards. Provide adequate space for future development of schools and parks to serve the population. 9 • lay b . tent) 4n/ii aide/ Goat. aunt 50.A.,QAttievinct £). dirk� �a.ac ho -e_ycate S %Alt Gthiree 6thr.c ). aft -t 924u) cot. Ljuti Azc,itzt-24 )z-4fh 60�u CUa h rnory idAtet � � h � c3"-rdiaJ r_., Nu L IA. it 20.eit. .LU iefti /amt c . laatuitt 4-62- //) - 4/6L - d tt £fld- .a t tt Q.auw rn `) d. Vnth dam! / � t -� ix s&� a-oyittniz `k-41.4 on) - t / AMENDED RECORAt. EXEMPTION NO. 41-19--/R5478 SHEET 2 OF 21 o' ,50' 300' 450' 600' ) Scale: 1": 300' i PINS FOUND 0 PINS SET North Quarter corner CSec. 29, t N, R.6a4W. SW cor.stti%Efl LOCATION MAP SCALE! 1". 2000' ArrEt Nor/heosl corner W&/d County Rd 66 Sec.29, T.GN.,R.O4 N. 89°44106"E. 2(040' A Easterly ±Z640' N.O810940 is 3.2 Lfrt •9� 7 SEcot. N%4NE%s- East Quarter cot. Sec. 29 10'R0 McRAE & SHORT, INC. 1231 - 8th Avenue Greeley, Colorado 80631 PROD. NO.86 Z0 7 REFERRAL LIST NAME: Richard and Marsha Miller CASE NUMBER: AmRE-478 REFERRALS SENT: August 14, 1997 REFERRALS TO BE RECEIVED BY: September 5, 1997 COUNTY Attorney X Health Department Extension Service _ Emergency Management Office Sheriff's Office X Public Works Housing Authority Airport Authority Building Inspection STATE Division of Water Resources Geological Survey Department of Health Department of Transportation Historical Society Water Conservation Board Oil and Gas Conservation Commission FIRE DISTRICTS Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 _ Fort Lupton F-5 X Galeton F-6 Hudson F-7 Johnstown F-8 La Salle F-9 Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 Platte Valley F-14 Poudre Valley F-15 _ Raymer F-2 Southeast Weld F-16 Windsor/Severance F-17 Wiggins F-18 Western Hills F-20 OTHER Central Colo. Water Conservancy Dist. Panhandle Eastern Pipe Line Co. Tri-Area Planning Commission TOWNS and CITIES Ault Brighton Berthoud Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest lcrest Greeley Grover Hudson Johnstown Keenesburg Kersey La Salle Lochbuie Longmont Mead Milliken New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor OIINTIES Adams Boulder Larimer FEDERAL GOVERNMENT AGENCIES US Army Corps of Engineers USDA -APHIS Veterinary Service Federal Aviation Administration _ Federal Communication Commission SOIL CONSERVATION DISTRICTS _ Brighton Fort Collins X Greeley Longmont West Adams COMMISSION/BOARD MEMBER WELD COUNTY <li ARTMENT OF PLANNING SERVICES/B i ING INSPECTION CITIZEN INQUIRY FORM 0 N. 17TH AVENUE, GREELEY, CO 80 s PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 ❑ TELEPHONE jU OFFICE FIRST INQUIRY? ❑ YES Li NO DATE: NAME: - / "= A ' (/' 1f") ; PHONE: ADDRESS: TYPE OF INQUIRY: ❑ MHZP ❑ ZPMH q RE .-AMENDED RE ❑ SE 9/AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL 9 Shani Eastin ❑ Scott Ballstadt ❑ David Sprague ❑ Dennis Renley ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ ❑ Gloria Dunn ❑ Kern Keithley ❑ Johnny Roberts ❑ Monica Daniels -Mika O ITEMS DISCUSSED: )t9 / i_v1 '/>� O Todd Hodges ❑ Ed Stoner ❑ Jeff Reif ' J i'/ /}7/ / i /) ) k / ' I ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION ❑ VIOLATION ❑ OTHER ❑ Julie Chester ❑ Roger Vigil ❑ George Carroll J) 71( Time Spent Staff Members Initials citizen • • RECEIVED AUG 2 0 1997 COLORADO SEP 0 2 199/ Weld County Referral August 14, 1991 The Weld County Department of Planning Services has received the following item for review: Applicant Richard and Marsha Miller Case Number AmRE-478 Please Reply By September 5, 1997 Planner Shani L. Eastin Project Amended Recorded Exemption Legal Lot B of RE -478, N2 NE4 of Section 29, T6N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Weld County Road 66; west of and adjacent to Weld County Road 53 Parcel Number 0812 29 000051 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Current Planner associated with the request. U We have reviewed the request and find that it does / does not comply with our Comprehensive Plan Sr We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Agency I-@friudig )444 c Date +Weld County Planning Dept. O1400 N. 17th Ave. Greeley, CO. 80631 O(970) 353-6100 ext.3540 O(970) 352-6312 fax Weld County Public Works Department 933 North 11th Avenue, P.O. Box 758, Greeley, CO 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 352-2868 APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Date: 7/' / )17 Road File # RE: Other Case No. 1. Applicant Name /;IC/',e1i4A.-4 a1Cr/,r;A : _ /% //G/" Phone :,5 cc) 'r_ Address 3IS75 WC.{' `_ City 37ree/€., State "e Zip ,ft)L3/ -/ 2. Address or location of access a /k 7 5 W;7 C/, r c j. r, , C",• 7'I / Section - 9 Township G Noi / 1 Range (n Y Wr l- - • i{, ,, (_ vg . till, Subdivision /; n 1)e- Block h r Or Lot I3 Weld County Road # 3 /S7C Side of Road Wec. t- Distance from nearest intersection /,boo 3. Is there an existing access to the property? Yes ✓ No # of accesses / 4. Prpposed Use: Permanent al/Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other ********************************************************************************************************** 5. Site Sketch Legend for Access Description: ARG = Argricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road WC/2 S wok *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 7 COLORADO • • MEMORANDUM TO: Shani L. Eastin, W. C. Planning DATE: September 2, 1997 de FROM: Sheble McConnellogue, W. C. Health Department CASE NO.: AMRE-478 NAME: Miller, Richard & Marsha Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: I) A Weld County Septic Permit is required for the proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal Regulations. SM/vh.2684 • • ( u &4- *ittrn Wi�Yc. COLORADO SEP041997 Weld County Referral The Weld County Department of Planning Services has received the following item for review: August 14,1997 Applicant Please Reply By Project Richard and Marsha Miller September 5, 1997 Amended Recorded Exemption Case Number AmRE-478 Planner Shani L. Eastin Legal Lot B of RE -478, N2 NE4 of Section 29, T6N, R64W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to Weld County Road 66; west of and adjacent to Weld County Road 53 Parcel Number 0812 29 000051 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Current Planner associated with the request. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan ra<We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Agency `► io_Q 8Jzzf47 l,Jae5t L 1 RA'SL`.XSto Date +weld County Planning Dept. 41400 N. 17th Ave. Greeley, CO. 80631 O(970) 353-6100 ext.3540 4(970) 352-6312 fax BOARD OF DIRECTORS GARY SIMPSON ERNEST ROSS W.M. McKAY CHARLES ACHZIGER ROBERT ARNBRECHT August 5, 1997 RE: Water Service Dear Sirs, • NORTH WELD COUNTY WATER DISTRICT HIGHWAY 85 • LUCERNE, COLORADO 80646 LYLE NELSON, MGR. P.O. BOX 56 • PHONE 970-356-3020 • FAX 970-395-0997 This letter is in response to your inquiry regarding water service to the following described property: 31875 WCR 53 1. X Water service is presently being provided to the above described property. 2. Water service can be made available to the above described property provided all requirements of the District are satisfied. If contracts have not been completed with North Weld County Water District within one year from the date of this letter, this letter shall become null and void. Additional comments: Si cerely, Don Posselt, Manager North Weld County Water District #176300 - Richard Miller ORDER NO. 8511872 GJK CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES The TRANSNATION 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, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot B of Amended Recorded Exemption No. 0801-29-1-RE478, recorded October 1, 1986 in Book 1130 as Reception No. 2071678, being a part of the N1/2 of the NE1/4 of Section 29, Township 6 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): f Reception No. 1479892 Book 558 :I Reception No. 1801995 Book 880 "J Reception No. 1845340 , Book 921 (Reception No. 18c0317 , Book 922 JReception No. 19601R4 Book 1024 Reception No. Book Reception No. , Book Reception No. , Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of TRANSNATION TITLE INSURANCE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY, has caused this certificate to be signed by its proper officer this 1st day of August , 19 97 at 7:00 A.M. . TRANSNATION TITLE INSURAN EANY Company By: L d.0. e.ana:"... Authorized Signature 6 5 'n Recorded at q.,V o'clock h„ all 12 $66 m 558 � Reception No. 1479892 "IN yd's . Recorder. I '— KNOW ALL MEN BY THESE PRESENTS, That GEORGE J. SMITH and RUTH B. SMITH of the County of Wald , and State of Colorado, ra for the consideration of other valuable considerations and Ten Dollars, in hand paid, hereby sell and convey to PAUL A. SORENSEN 6 DELTA MAY SORENSEN,IN JOINT TENANCY of the County of Weld , and State of Colorado, cy ▪ the following real property, situate in the County of Weld and State of Colorado, to -wit: The North Half (N}) of the Northeast Quarter (NE%) and the Southwest Quarter (SW%) of the Northeast Quarter (NEk) of Section Twenty-nine (29), Township Six (6) North, Rate Sixty-four (64) West of the 6th P.N., Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, pureeing plants and rights of way for water, ditches and reservoirs and all enlargements and extensions thereof pertaining or in any way belonging to said land or used thereon, or which are held, owned or con- trolled or which may be hereafter acquired by said Grantors,for use thereon, or in connection therewith, and especiallyiten (10) shares of the capital stock of The North, Side Lateral Company, and an allotment of 25 acre-feet of • water from Northern Colorado Water Conservancy District;! and 2., all the rents, royalties, issues and profits which may arise or be had from said lands, premises, ditches, reservoirs, ditch, reservoir and water rights, pumping plants and rights of way. RESERVING unto Grantors in joint tenancy an undivided three -fourths interest in and to all oil, gas and other minerals in and under the surface of the above described premises, together with fullytright to enter upon said preadses and use so much of the surface thereof as may reasonably be necessary for operating drilling, mining or marketing the production thereof. It is hereby declared the above property is conveyed in Joint Tenancy. with all Its appurtenances, and w t the title to the same, subject to taxes for the year 1966, payable in 1967, to reservations contained in Patent and in need from Union Pacific Railroad Company, and to conditions of Contracts recorded in Book 315, Page 464 and Rook 347, Page 565, Weld County Records, and to all rights of way and easements for roads, ditches, railroads, telephone and telegraph lines or other purposes as now existing or as granted or as reserved by instruments of record. Signed and delivered this Ld[jggel4t _,9fs.: Mill 3d day of J JanuaryJ.,', (" 066 A. D.S19 66 P/ N� ./-i...� (SEAL( pn�tAG (SEAL) ,..1.4 0,2i STATE OF COLORADO, ! COUNTY OF WELD. 1ss. The foregoing Instrument was acknowledged before me this /214 day of January 1966 , by" George J. Smith am Rutn B. Smith,and each of them ,•pry0700 V/ITNESS my hand and official seal. •' pJ y commission expire �Jj �(� /7._ Y< M icommission expires December 21,196E -ri�i11)171 71%st ' • �i ^ *If by natural person or y_..ons i,erein insert name or names; if b tsYitt,, acting in represer. at'. ce or official capacity or as attorney -in Oct. then insert name of personas executor, attorney -in fact or other capacity or description; if by officer of corporation, then insert name of such office or officers, as the president or other officers of such corporation, naming it. -- STATUTORY ACKNOWLEDGMENT, SESSION 1927. WARRANTY DEED -- Statutory Form N rodlearel BODK 880 Reception No 18%9993...._Recorr ....11 1979 - Sid eoNnhrdeColorado Recorded at _..11 clock. ht.. M., UG 3 A THIS DEED. Made this at. 79 . between PAUL A. SOMME and MLA. Ni! Se^y9?ow 31St der of augtat of the County of Weld and State of Colorado, m the 'e , tart. and JOE S. SIMPSON and DORRIS I. SINNER .vhe..rle,aladda.. Ie 1125 M. llroarbeoor - Loveland, Colorado of the County of tarieler and State of Cole -ado, of the second part: WITNESSETH. that the said part its of the first part. for and in consideration of the sum of other good and valuable consideration and TAN AND NO/tooths - - - - - - - - - DOLLARS. •e- -said part tea of the first part in hand peW by We said martin of the second part, the receipt whereof is hereby confessed and acknowledged, ha vi rented, bargained, sold and conveyed. and by thew presents do _rant. bargain, .ail. em,any and confirm unto the aid parties of the second part, their Fein and assign. forever, not in tenancy in common but it. joint tenancy, .II the following described lot or parcel of land, situate, lying and being in the County of Held end State of Colorado. to wit: The North Half (Ni) of the Northeset quarter (NB') of Section Twenty-nine (29), To�.ahiP Six North (6N), Range Sixty-four (64) West of the 6th P.M., Weld County, Colorado, together with an allotment of 25 sore -feet of water from Northern Colorado Water Conservancy District. RECORDER'S STA MP Stale Documentary Fee Dote AUG 311979 a R'.6'° also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging. oi animist. appettalning, the reversion and reversion:, remainder and remainders. rents,:nuen and prcfi:. •... f: and all the estate. right, title, interest, claim and demand whatsoever of the said part tee of the first p,'I ,ether in law ur equity, of, in and to the above bargained premises, with the hereditsmenta and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances. unto the said parties of the second part, their heirs and weirs forever. And the raid part its of the first part, for them pal yet their heirs, executors, and admmatnwra oo__ core,..., era..., And naive t, eni .,to the said ^erne. .f the emend pan their bent end ameba., rho, es the time of the aerating and delivery of lhe.e pees - cots they are well seized of the premises above conveyed, as of good. sure, perfect, absolute and indefeasible estate of inl,..::_ce, in law, in fee simple, and ha sfe -good right, full power and lawful authority to giant, he- rein, sell and convey the rtme in manner and form aforesaid. and that the name are free and clear fn.,, Ali former and other grants. bargains, sales, liens, taxes. nneesmeat and encumbrances of whatever kind or nature boners except for the 1979 taxes which are due and payable January, 1980; subject to all easements, restrictions and reservations of record, if any. end the above hargeined premises in the quiet end peaceeb a possession .f the said parties of the second part. their heirs and assigns. agai net all and every person or pe non. lewfullr claiming or to claim the whole or any pert there'd. the said part i.e of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the acid part tee of th first pert ha ye hereunto set theirhand in and seal a the day and year first above written. . > > 1 Paul /l�Sorensen ieTG?'_._ Signed. Sealed and Delivered in the Penner el :" TATE, ?F.COLORADO ' c i'hWhidupbd n ,._ 'mince Me, 1 tidier me thin 31st dart of Matron I'' uj 3' h;t-Cb - ,{out ~PAUL A. SORENNS'el. and DELLA MAY SORERSEM UPI 9t.. UM.K�C.i4taTi I 41 W,,,,. na bond and off Din, cvol ' a Raj omit en ;SEAL: [SEAL] _.. ISEtl.l P e • s 0 M a this Urrb, idedeLLY oatthe,.nd Me hundred mad eighty hetes JOE B. SIMPSON1and 0DORRIS I. whose stew Remy. Y 112 S W. Broadmoor Dr.. City r Town el Loveland 3S NN , and of the County ul Larirer end state of Colorado, of the lent pan, and RHINIE A. MILLER and ALICE A. MILLER, Joint Tenants Arbon sweet eddrwm Y 31224 Weld Cty. Rd. 53. city sr Ian Or Greeley ,ad of the County of Weld and State of Colorado, of the wend psi.; 29th doy of December In the year aloes lard Wtresmeth. That the mid parties of the ere pert, for end in mWeat of the R® Of other valuable onsideration and TEN and NO/100 DOLLARS, to the mid genie s d the ere pert I. head paid by the aid peetle of the nosed part, the reeepa whereof h Araby eoo- reewd and acknowledged wive prated, bargained, mid end annoyed, and by thaw permeate de grant, boatman, era canny and conform, unto the aid parties et the mooed part, net in tenancy in ammo bet la loin tenancy, the m rmur of as. their spas rh the hen and apse of muds entwine forever, all the following described lot or panel of land situate, lying god being in the County of Weld and State of Colorado, to -.;t: North Half (N1/2) of the Northeast Quarter (NE1/4) Lf Section Twenty-nine (29), Township Six (6) North, Range Sixty-four (64) West of the 6th P.H., together with an allotment of 25 acre feet of Northern Colorado Water Conservancy District, and Seven (7) shares of North Side Lateral Company. IS HEREBY DECLARED THAT THE ABOVE PROPERTY IS CONVEYED IN JOINT TEN CY Tether with .5 and Seder the MadlYaate end ablate now limiest. Wlmngng, or la anynhe appertaining, and the Entwine and roarion, emdade gad sashed.., MSY, Iris end Poole thereof; and all the SYY, right. Ye% inert, neaps and with demand aYedp ieawosold part a e. the Pet part, either la heor wequity, of, la and to the above erm To Han and te Meld the said premise above bargained end deewibed, with the epparleeevmo, unto the aid Partin of the mud part, the wor their r the aleof them,reign end the lain end ripen d gash mentor fare.-. And the odd part ie6 of the inpert,agree to and with the + heir ' Win, executors, and ddnwotoe , do covenant, pant, of peellee dew emend part, the survivor of them, their sago. and the heir' and &Pena of ..eh rather, that at the time of the enealeg and delivery of these prows% they are well mild of the premixes above mvnedsegood, sore, perfect, absolute and InMsible setae of inheaYoq In law, In fee ample, and have good right, full power and lawful authority to grant, bargain, sell and convey the rue In manner and form aforesaid, end that the same are free and char from all former sod other put, begun., eill, inset tuay eeeamnta end note bran.. pf whatwirkindonaeraeevr, subject to easements, restrictions and reservation of record, if any, and the above hep,iud the quiet sad peeemble pomWen of the mid pain of the mooed pert, the monitor of them, their amgre malt bore and neaps d etch ervivw, sheet all and grey puma Or panne lawfully claiming or to claim the whole or any pan thereof, the mid part ies of the Bret put Pall and will WARRANT AND FOREVER DEFEND. In inters leered The said pert ieer to -Set part wive Memento met their hand S andseal s the day and year Ant above write ... Signed, Sealed and Del vend to the Pewee el } 1 Mali inn Address for..... Art fl7 (SEAL) (SEAL) J (SEAL) STATE Or +r/MADO. 1 Celan* d Weld ) n. The foregoing IMnwasment wacknowledged gmw this a/ • day d. December. ,9..80 ty .Joe B. Simpson and Dorris I. Simpson., and each of them. . wive. my b Iad Mlllcjt My rommiebn wiping Yet.. 9..x_ i." T . . Nowt' Public. WARRANTY DMED TO JOINT TENANTS -Tin C. Y . Somas! Oak SSW a tab. Co. Iha.m. rob 928 oy Recordedat /a dclock_ L M on Reception Ns 1850317 981 Page Weld County, ...,, Recorder !L shins Ny Teat .Q" THIS DEED is a conveyance of the real property described below, Including any Improvements and other appurtenances lure -'property') from the individual(s), corporation(s), partnership(s) or other entity(iesl named below as GRANTOR to the individual(s) or entity(S) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property. except for (1) the lien of the general property taxes for the year of this deed. which the GRANTEE will Pay (2) any easements and rights -of -way evidenced by recorded instruments (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restric- tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions" The specific tenor of this deed are: GRANTOR: ss:..e nano,) and TATTOOof residence, n we Rase a the onn,.TaMar n lament in Mot Deed to tetra, Menem...al ,ants. :Mm:h primesn humaanalatut. 1 Rhinie A.Miller and Alice A. Miller being husband and wife 31225 WCR 53 Greeley, Colorado 80631 GRANTEE: (cite 'a,.,.' am Mderveal. uatenes .Mew 'nekton. swaaNa madman,' number it recanted Richard A. Miller and Marsha D. Miller 4(06 West 4th Street Road Greeley, Colorado 80631 FORM Of CO -OWNERSHIP: ill there r. two o, own rameea nailed, row eel be cannel.ad to take te imams'a come -. unless red "wd, "in lam twunc,' a wares of the sane wooing an Sled In the watt below I in joint tenancy PROPERTY DESCRIPTION: Rnclwe rawly we eau Lot Be of Recorded Exemption #478 being part- of the North 'One-half (1) of the Northeast one-fourth p(1) of Section 29, Township 6, Range 64, West of the 6th P.K.. CONSIDERATION: frt. 'Minton, a a dalla. .norm u wtbMiadrauaw camle.alon to, tor, deal w,5 he men.med ...y. ch., rnmevance .t ihrdifted a, a ae in try ran Iii. .unvMame n ab5,,. Boat and ,,e.n.M!.nnal I One Dollar and no/100 RESERVATIONS-RESTRICTIONS:lit thecRANtoe omen, to rain any Innnyy in the reoo is or to convey len than he ownt or if the GRANTOR is mtnain. the GRANITE'S rights in the property. make ,'aoMute ,nd.upcn I ADDITIONAL WARRANTY EXCEPTIONS: nmlmf mows., hems assumed and other mane.. not covered ahoy. I Sig - 19 19 81 tr 5s • The -'gut ument was ackne. '•edged before me this 19th day of February . 19 81 by WITNESS my hand and official seal. My commission expires. May 31 , IORI STATE Of COUNTY OF ) es The foregoing instrument tees acknowledged before me this by WITNESS my hand and official seal. My commission expires'. Grantor 1911 UPDATE LEGAL FORMS F 0 BOx 1915. GREELEY, COLORADO 50632 tia._i Q,i flint •-•• Notary Public Notary Public Not e' ■ 1024 NEC 01960184 03/22/14 11.60 $761 0 C .°00 1/0 000 ✓ 1032 MAN: ANN pEUERSTEIN CLOS a NZCON0 Quit Claim Deed ARluo)al TO Da oaw as 4th a.r of March wear Ricaard A. Miller and Marsha B. Miller, husband and wife d Oa said clay d Weld W chat et Caaaabdr.adpatW Rhinie A. Miller and Alice A. Miller, as joint tenants and not as tenants in son at as said aa Weld W Snaa d abo& dr.waaa..t rat •1>'J�d M p .s,lfsad d in dMatd ter .y`wyisel.achisel One dollar and other good and valuable consideration w n d/ pet l et d la. asa p e la V OM r. rY pal let dr. wad part dr na4a name Y badly eaboad W ext./di li & at .. _ t add, awaq.a ad QUIT CLAT1®, W by don pwat r umlot ads, al rap W QUIT Marna dm is pal ies d a. aaad pat their Sri, wrw.o W anyo, paws. ■ r taaa, a Mn.d, &ha W 4aad eWa as Yip pliet d ra par eat save in W w r. tang amid i /. /j&4/J/1“ntem .. balm W bdap r do said as a Weld W us. a Colorado Writ: M mineral interest underlying that lot or parcel of land Lot "B' of Recorded Exemption • 418, being part of the North one-half (y) of the Northeast one-fourth (is) of Section 29, Township 6 North, Range 64, West of the 6th P. M. TO KATE AND TO NOIa In ear, ara.S e1r as sod dgai w S. .,,.c as W saalw w team adaaawa at la aeela tlr.aaw aeeaaaSYJ. W a da awn, dart DIN Wend W dda twin, albs W Tea ies d da ant pat tabor Iw w Saab. I as .aI► papa aas, audit W bast d da rid pan les daa.aa/pratheir adnW raps 1..war. of MIMI= 1wnwu',lbovem d ies dr. ant pnhve ae .their bad and .all thi s r. b ea par ape iman valeta aloaaa. SaM W Dasaa a la ra Paada d Marsha 0. Mliar1 (awl (SEAL] (SEAL) (SEAL] .19 . Tllww aq W W dfklal mat . w.a.111...aa.r. Yr. as w art a d a,a. ram Y irepri Y.. w tine riser a. :run r.a.a.. tn.: •1 •• M MY. OYal1) w MwrMlin.: tire rn .r XYMYal.err MMnr\ Y IY alr.5 w MNII.Y... d W w..w.w... It b IL—IIMY.n. e5Mil 8 1021 REC 0196018/ 03/22/81 11190 86.00 2/ P 1033 MAR! ANN PEUERSTEIM CLERK 6 �RErCOORRDDER MELD ..CO. ., CO sTATE op tarok, p/A.rp 14Mi MiN D Wreaks s MM�D Ganda Chi, comae qe Weld Am 0WLEDG ula—D.DIVIDUAL MOORE la r e.aeearr a I11r•r MIL M r he did Carr r Ls ea oil 12th day ._ Mareh , Y RaaNt_,h,ameld siehard A. M11lrr and Marsha 0. Miller. husband end wife flee lebe Ora r.udrer—Ldnalbarrere near de .l.Ard r.eMfreidedad le rr W they ay erered r saer. Lhe�_.__,I.e,. r t nt / posmi f• d 1A IM wmsess waaeEOP. I ben bin* at n161 r long r .d r as veer r Tees r.L- Mr CePe Rey 31- MN Mrrr hallo •_ r a revue is be r Wed peed_ era r r as re r .n- r Ina ereerer d way ed a.L ..t* i r r nears the er r free r .Dien, ea r died let dr rr r wda.r des 6A IN WITNESS WHEREOF. I fine bees .a re aid ad .laud en reel r r der r few An Awe ee.re. My Cara Rer•r Mery /Nae. as Or r al elan r rid sae r the ere and el sal - tr. r dr al Weer no dpd r see t r YAM of mid .. ._e It ere el r nerd el Mina r .0 ..L 14_l sal serer le be r freer r Ind deed spina Wan MS mid ddie ayel AD le L`1y581J d FICR 424 (Colorado) Rev. 12.77 B 1056 01995802 01/21/85 08:3 $12.00 1/004 F 0070 7 ANN FEUERSTEIN CLERK & EIDORDER WELD CO, CO DEED OF TRUST THIS DEED OF TRUST, Made this — 315._—_ day of December , 19 84 , between Richard A. Miller and Marsha D. Miller, as Joint Tenants whether one or more, whose address is 31875 Weld County Road #53 City of Greeley County of Weld TRUSTEE of the county of Weld , State of Colorado. The Borrower, to secure the following indebtedness payable to the order of MOUNTAIN PLAINS PRODUCTION CREDIT ASSOCIATION the "Beneficiary" herein, whose address is 417 West Mountain Avenue Greeley State of Colorado, to -wit: (a) The repayment of the indebtedness evidenced by Borrower's Note dated _ December _1.0,.— l904_ _ - _ .(the Note), in the principal amount of s_ 302,T11-00 (referred to in the Note as the "Original Commitment"), or so much thereof as may be disbursed, with interest thereon as hereinafter provided, which principal and interest, if not sooner paid, shall be due and payable in full on December 15, 1985 • (b) the repayment of such additional advances, with interest thereon, as Beneficiary may from time to time at its option disburse prior to the maturity date of the Note; (c) the repayment of any sums advanced by the Beneficiary to or for the benefit of the Borrower or to preserve its security; (d) the re- payment of all other sums, with interest thereon, as are disbursed by Beneficiary in accordance with this Deed of Trust, including but not limited to such amounts as are required to pay real estate taxes and assessments and/or personal property taxes and assess- ments, insurance premiums for insurance required to be carried by the Borrower hereunder, mechanic's or materialmen's liens with respect to labor, materials and/or supplies furnished or delivered to the Property, feed liens and all other liens which are or might be prior to the lien of this Deed of Trust, and the cost of completing any construction or improvement work begun with funds de- scribed in (a) and/or (b) above; and (e) the performance of the covenants and agreements of Borrower contained in this Deed of Trust and/or any security instrument executed to further secure payment of the Note; does hereby grant and convey unto the said Public Trustee the following described real and/or personal property located in the county of Weld , State of Colorado: the "Borrower" herein, State of Colorado, and the PUBLIC Lot "B" of Recorded Exemption No. 0801-29-RE478, as per map recorded February 25,1981 in Book 929 under Reception No. 1850575 and as per the corrected plat recorded August 11, 1981 in Book 944 under Reception No. 1865934, Weld County Records, being a portion of the North Half of the Northeast Quarter (Nz NEt) of Section 29, Township 6 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. This Deed of Trust was given as additional security for the continued extension of credit to Miller Farms. l ., ll N 195 I FARM CI«D(T SERVICES �t LEy 17 1g(6 ONO O0g uN� Jc The unpaid principal balance of the Note shall bear interest at a rate equal to the sum of: (a) the effective rediscount rate charged from time to time by the Federal Intermediate Credit Bank of Wichita; and (b) the effective margin established from time to time by the Board of Directors of the Beneficiary and approved by the Federal Intermediate Credit Bank of Wichita. Any change In the rate of interest payable under the Note shall be effective on the date of the corresponding change in the rediscount rate or margin and shall be appli- cable to the entire unpaid principal balance then outstanding. The initial interest rate in effect on the date of execution of the Note is 11 20% per annum. To have and to hold the same together with all water and water rights, all ditch and ditch rights, all reservoir and reservoir rights, all stock or interest in irrigation or ditch companies, all plumbing. lighting, heating, cooling, watering and irrigation apparatus and equip- ment including all wells, Irrigation pumps, shafts, casings, portable pipe, motors, gearheads, main and lateral distribution lines, self- propelled er systems, or heeafter d l , minerals, oil and gas rights andrental ltherefrom, all aseme ts, rights-of-wayeand rlicenses, lleases royalties, all leaesor leasehold Interests, and nall sappurtenances, improvements, buildings, fixtures, furnishings and equipment, now or hereafter during the term of this Deed of Trust located or constructed in or on appurtenant to or used or intended to be used in connection with the above -described real estate, all of which Including replacements and additions thereto shall be deemed to be and remain a part of the security covered by this Deed of Trust and all of which are herein referred to as the "Property." In trust nevertheless that upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the pay- ment when due of any sums secured by this Deed of Trust, Beneficiary at Beneficiary's option may declare all of the sums secured by this B 1056 REC 019902 / 08:31 F 0073 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO secured. Beneficiary's receipt of any awards, proceeds, damages or payments hereunder shall not operate to cure or waive Borrower': default in payment of any sums secured by this Deed of Trust. 14. Notice. Any notice to be given hereunder to Borrower or Beneficiary shall be deemed properly given when deposited in tht United States mail, certified or registered mail, postage prepaid. addressed to Borrower or Beneficiary at the addresses recited above which addresses may be changed from time to time by notice to the other in writing in accordance with this paragraph. 15. Waiver of Homestead. Borrower does hereby release and waive all claims in and to the Property as a homestead exemption, famil allowance or other exemption, allowance or right now or hereafter provided by law. 16. Cross Default Clause. The Note secured by this Deed of Trust is or may also be secured by one or more assignments, securit agreements, guarantees, loan agreements, deeds of trust, and/or other security instruments. and the advance of the loan proceed: under the Note and this Deed of Trust is based on the completeness. accuracy and truthfulness of the loan application, and various othe statements, representations and documents submitted to Beneficiary. A default under any such instrument or a lack of completeness accuracy or truthfulness in any such document is a breach and a default hereunder and under all such instruments and documents. 17. Successors and Assigns. The covenants herein contained shall bind, and the benefits and advantages shall inure to the respectiv heirs, executors, personal representatives, administrators, successors and assigns of the parties hereto. Whenever in this Deed of Trus the context so requires, the singular number shall include the plural, the use of any gender shall be applicable to all genders, and the term "Beneficiary" shall at any time include the then holder of the Note. M IN WITNESS W EOF, this Deed of That is executed by the Borrower tJ day and year first above �rit[en A. Rich11 STATE OF ,, Cul ura.d0 COUNTY 04:e..pfQ"1ir:::;( ss: Marsha D. Miller '' A�}'pn1'nd.17th January Befotg7mt A6 badEitsynAd Notary Public in and for said County and State, on this day of t 19 $5_O(irs(>eifingped.-Richar__d_A.�tiller_and_MarstLD. Miller to me perstrrlauykrtowp.and f wT to me to be the identical person (s) who executed the within and foregoing instrument, and acknow ^ ii l7 edged to me that' l` iey.,1+' " executed the same as __ a____ free and voluntary act and deed for the uses and purposes therei set forth. Witness my hand and official seal the day and year last above written. My commission expires JlaV 31}]9E5 REAL ESTATE DEED OF TRUST E 2 tL O ✓ N 0 COUNTY OF This instrument was filed for record in the office of _s-- Y, .1/n_17Q,7-C.4-4-a-te- o m 09 of said County, on the T M., and duly recorded in 0 O Notary Public O 0 0 O) N a C▪ O County Clerk and Recorder i e O O r. BOvr 928 a 1981 • Recorded at /a o'clock 7O M on FEB 2 3 , OO k Page _ Reception No. 1850317 Weld County, Colorado Recorder hS- lWnanly Deed, - THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of -way evidenced by recorded instruments (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restric- tions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions". The specific terms of this deed are: GRANTOR: ICi'e name( sl and place(s) of residence, if the spouse of the owner -grantor is ioining in this Deed to release homestead rights, identify grantors as husband and wife ) Rhinie A. Miller and Alice A. Miller being husband and wife 31225 WCR 53 Greeley, Colorado 80631 GRANTEE: Give name(s) and address(es). statement of address, including available road or street number, is required.) Richard A. Miller and Marsha D. Miller 4408 West 4th Street Road Greeley, Colorado 80631 FORM OF CO.OWNERSHIP: (If there are two or more grantees named, they will be considered to take as tenants in common unless the words "in point tenancy" or words of the same meaning are added in the space below.) in joint tenancy PROPERTY DESCRIPTION: (Include county and state ) Lot "B" of Recorded Exemption #478 being part of the North one-half (z) of the Northeast one-fourth (4) of Section 29, Township 6, Range 64, West of the 6th P.M. CONSIDERATION: (The statement of a dollar amount is optional, adequate consideration for this deed will he presumed unless this convesance IS identified as a gift, in any case this conveyance is absolutefinal and unconditional ) One Dollar and no/100 RESERVATIONS -RESTRICTIONS: If the GRANTOR intends to reserve any interest in the property or to convey less than he owns, or if the GRANTOR is restricting the GRANTEE'S rights in the property, make appropriate indication.) ADDITIONAL WARRANTY EXCEPTIONS: (Inc lode mortgages being assumed and other matters not covered above ) �1 Signed Attes• _; 19 19 81 • ,9c ;22(c_ nie A. Miller Lt f,4 ) Alice A. Miller STATf'6F • OR�IO ) SS. COW TN P€ ,e Noj . ) The fdreg,9ipg,ins rument was acknowledged before me this by WITNESS my hand and official seal. My commission expires: May 31 , 1981 STATE OF COUNTY OF ) ss. The foregoing instrument was acknowledged before me this by WITNESS my hand and official seal. My commission expires: Grantor 19th day of February , 19 81 !VA/ 4.(p" Notary Public day of , 19 Notary Public 1977 UPDATE LEGAL FORMS P.O. BOX 1815, GREELEY, COLORADO 80632 NO. 201 ti 1047 Illik01986548 10/29/84 09:10a $3.00 1/001 F 1655 MAI, ANN FEUERSTEIN CLERK & PROPRDER WELD CO, CO KNOW ALL MEN Hi 'NESE PRESENTS, That, Whereas, Rhinie A. Miller and Alice A. Miller, Joint Tenants of 31224 WCR #53,Greeley,CO by Said Deed of 'l'rust dated the 27th day of February , 19 84 , and duly recorded in the office of the County Clerk and Recorder of the Said County of Weld , in the State of Colorado, on the 29th day of February , 19 84 , in Book 1022 at Page (film No. reception No. 01957584 ) • conveyed to the Public Trustee in said Weld County, certain property in said Deed of Trust described in trust to secure to the order of — MOUNTAIN PLAINS PRODUCTION CREDIT ASSOCIATION the payment of the indebtedness mentioned therein. RECORDER'S STAMP AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have been partially satisfied NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said De S . of Trust, and in consideration of the premises, and in further consideration of the sum of fire Dollars to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said Weld County, do hereby remise, release and quit -claim unto the present owner or owners of the property hereinafter described and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which, I, as such Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to wit: A Tract of land located in the North one-half(N%2) of the Northeast Quarter (NE4) of Section Twenty nine(29) Township Six (6) North, Range Sixty-four (64) W.of the 6th.P.M. Weld County, State of Colorado. Described as follows: Commencing 537.92' from the East corner of the NZ of the NE4 of Section 29 along the East line of said Section 29 to the True Point of beginning: North thence 208.71', West thence 238.71',South thence 208.71',East thence 238.71': 1.14 Acres more or less. Known as Lot B recorded under Exemption No.0801-29-1-RE478, as per map re- corded February 25, 1981 in Book 929 under reception No.1850575 and as per correct- ed plat recorded August 11,1981 in Book 944 under reception No. 1865934, Weld County records, County of Weld, Colorado. l situate, lying and being in the Said County of Weld and State of Colorado. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur- tenances thereto belonging forever. And further, that, as to the above described property, the said Trust Deed is to be considered as fully and absolutely released, cancelled and forever discharged. Witness my hand and seal this 21p t 1.) day of A. the ]',Li lc Triode, in sdd STATE OF COLORADO, County of Weld The foregoing instrument was acknowledged before me this &C -e44.41 , 190 , by aANLNt 1)a NTh as the Public Trustee in the said e 153. county of alp County of Weld ,Colorado. ,prcertmi jOru expires September 28, J982 ets, A c }ytjtns Ari�dd Official seal. -ro-o- tats 1.ina AD8L\Co To the Public•Ttysti,.e in said 1020 9th Street, Greeley, CO 80631 County of Weld day of Notary Public. Please "execute this release, the indebtedness secured by the above mentioned Deed of Trust having been partiaP, paid and satisfied., N . PLAINS PRODUCTION CREDIT ASSOCIATION r,"%rte; The les•I holder of the indrLlednn, secured by said Deed of Trust. •In counties where Look and page numbers have been abolildted. Hello