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Home My WebLink About970629.tiffRESOLUTION RE: DENY MOBILE HOME PERMIT #2047 - MARTHA ANN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, on the 2nd day of April, 1997, considered the request of Martha Ann, 4510 Weld County Road 5, Erie, Colorado 80516, for a mobile home to be used as a temporary use during a medical hardship, and WHEREAS, said mobile home is to be occupied in an A (Agricultural) Zone District on a parcel of land being more particularly described as follows: Lot B of RE #496, located in part of the W1/2 of Section 9, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the concurrence of three of the members of the Board is required to approve a resolution, and WHEREAS, the motion to approve ZPMH #2047 received only two votes and therefore failed; the effect of the failure to obtain a majority vote is a denial of the motion. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of Martha Ann for permission to place a mobile home to be used as a temporary use during a medical hardship on the above described parcel of land be, and hereby is, deemed denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of April, A.D., 1997. BOARD OF COUNTY COMMISSIONERS .47 y Clerk to the Board ,L- eputy Clerk o the Board iI1��/,/di j (NAY) Dad K. Hall APPRS ) AS TO FM: „ . h _ I .. %.��.: (NAY) WELD COUNTY, COLORADO (AYE) eorge'E. Baxter, Chair atiee (NAY) unty A /t; Ann Constance L. Har•ert, P o-Tem suer 970629 PL1068 MAR 31 '97 09:19 BUSINESS COPY CENTER P. 22 C A R .E L I N K.. February 26, 1997 Weld County Planning Dept MAR 3 11997 . RECdVED• • • :TO WHOM LT MA's -CONCERN: . Jerry 8artling has been a. 'participant in the Care Link Adult Day Care program for the part 'two years. He' is a 73 year. old male suffering from Alzteimers:Disease.' Although Jerry looks healthy and robust, his short`.terpi memory,' judgment, .and perception are impaired.He requi,res'constant 'supervision. ,In the time I have worked .with Jerry I have noticed steady, deterioration in his ability to /unction independently.. • Jerry's wife Martha Ann, .is dedicated to supporting him in the least. restribtive environment possible: In .order to provide the highest quality •of life for all concerned,she has enlisted the.support of her extended family and is designing an environment that.wiil allow Jerry to live up to' his full potential. Living. as an extended family will also provide the breaks necessary to caregivers taxed with duty of providing 24 hour supervision. Alzheimers has beencharacterized as . the disease that Akills-two: people., .the .caregiver,(who dies from stress) -and the vict4m. - The community needs -Co supportf its members in creating living situations" that work for families. I support the Bartling's in.their.plan.to create a home for Jerry and would be available to meet with anyone needing more information about Alzheimers Disease. Macky Sennett, -Care -Link Director, 909 A..pekee Ave • Sincerely, EXHIBIT A -p(w4 N-7 ..6o-el'dee. Coleeadd 4030] TEL 1Of/491-1903 FAX ♦41/4149 970629 03/31/97 09:23 TX/RX NO.6849 P.002 II fartrig COLORADO MOBILE HOME ZONING PERMIT ADMINISTRATIVE REVIEW Applicant: Martha Ann Case Number: ZPMH-2047 This is a Request for: A Mobile Home to be used as a Medical Hardship Legal Description of Parcel: Lot B of RE -496, located in part of the W2 of Section 9, Ti N, R68W of the 6th P.M., Weld County, Colorado Parcel Identification Number: 1467 09 000068 Water Source: Left Hand Water District Sewer Source: Septic The Department of Planning Services' staff has reviewed this request and approves this request for the following reasons: WILL WILL NOT Be compatible with the Weld County Comprehensive Plan. Be compatible with the surrounding area. x Be in harmony with the character of the neighborhood. x Adversely affect the immediate area. Be adequately served by water and sewage disposal facilities. Adversely affect the general health, safety and welfare of the inhabitants of the area and the County. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant applying for a building permit for the mobile home prior to locating the mobile home on the property. 2. Prior to the occupancy of the mobile home, the mobile home shall be connected to an approved septic system and a legal water supply. 3. The applicant shall utilize the existing access onto Weld County Road 5. No additional accesses onto WCR 5 are granted for the mobile home. 4. The use of the mobile home is temporary. The applicant shall submit evidence yearly that the mobile home is used for an accessory dwelling unit during a medical hardship. At the time when the medical hardship for the mobile home ceases, the mobile home shall be removed from the property. 970629 5. The mobile home shall not be occupied until such time that the applicant has complied with Co• dlions 1 a Kerri D. Keithle .+ Curren .Cner Date: April 2. 1997 970629 Dear Ms. Kirkmeyer, My husband and I live just east of the property that the Ann family purchased last month. We are very concerned about the double wide mobile home that they have moved onto the property. We have been led to believe that it is because the husband has alzhimers and needs to have 24 hour around the clock care in three shifts. The letter that Mrs. Ann provided us from the doctor said that Mr. Ann had mild alzhimers and that he is in the early stages. We are not sure that this warrants a medical hardship extensive enough to move such a large mobile home onto this property. If Mr. Ann does have alzhimers bad enough for such extended care, why was he out mowing the field next to our pasture by himself on Sunday? My husband used to work in Arvada at Springwood Retirement Community where he employed an older man who was in the early stages of mild alzhimers disease. This man lived at home with his wife and held down a part time job. He didn't need someone watching over him 24 hours a day. We understand that alzhimers can eventually progress to the point of extended care and would be more than willing to consider a temporary dwelling at that time. Right now the mobil home could be there for up to 15 to 20 years and that is not very temporary. What is the purpose in offering this medical hardship policy? Is it so that people that truly need extended care can get the care they need? If that's the purpose does Mr. Ann truly need the extended care they are proposing or is it simply a ploy to have mull dwellings on a property zoned for a single dwelling. As it stands there are going to be four adult families living there now. We would like to request that this be postponed and investigated more thoroughly. We would also like to request a more specific letter from the doctor stating that this man needs extended 24 hour care. Sincerely, VIZ -A Randy and Cassaundra Krehbiel 7 a cc c, -70!(i.e.cLx/ r i-f _ 1 _7f' (303) 67___3-1-2,7 970629 04/01/97 16:06 gy303 443 5989 COL. LANDMARK 001 Colorado Landmark, Realtors® 2334 Broadway Boulder, Colorado 80304 (303) 443-3377 FAX: 303/443-5989 April 1, 1997 Dean & Ann Mirabessi 4414 WCR #5 Erie, CO S0516 Dear Dean & Ann, In response to your question concerning a neighbor on your street placing a mobile home on their property as an accessory dwelling unit, and your concern as to how this action might effect the property values of your home and neighborhood, I would make these comments and observations. As a Realtor in Colorado for the last eight years I have shown many hundreds of prospective Buyers a multitude of properties covering five counties including yours. Many of these people have purchased and closed on homes through me, that count also being in the hundreds_ Generally speaking, mobile homes are not considered to be Real Estate by themselves, but are considered personal property. They can be bought & sold separate from land and in those cases don't require a licensed Realtor. More important than that, however, is how the public perceives a mobile home and how it would effect the marketability of your home and how it would effect value. Having the mobile home in your neighborhood would have a definite negative effect. In most cases, prospective Buyers would pass on your neighborhood because of it's presence. This would severely limit the number of prospective customers ( the market share) which would substantially lower your homes value. The problem is two fold. First, there is the immediate public perception which in most cases is negative. This perception will diminish the value of your home and the neighborhood in their mind. If they still wanted to put in an offer, it would be much lower than what it would be without the presence of the mobile home. Second, and this is more likely, they will pass on your home and neighborhood all together. I've even had potential Buyers pass on a neighborhood that is next to a neighborhood with mobile homes. What happens here is that the days on the market is considerably lengthened, which can create a "what's wrong..." stigma which will ultimately lower ifs selling price, not to mention the potential economic hardship to the owner created by a house that just won't sell. Exclusive Affiliate of Sotheby's International Realty 970629 e EXHIBIT 1. 2t�1-1#v}-7 04/01/97 16:07 0303 443 5989 COL. LANDMARK Lrb 002 My advise to you would be to try to prevent this situation from occurring. If your neighbors want an additional dwelling unit I would suggest that they find a mobile home park as a site, or consider building a regular addition or guest house on their property. Sincerely. vin Maclnness k3roker Associate 970629 TO . FROM : R PHONE NO. : 19703520242 APR. 2.1997 8:28AM P 1 PHONE NO. : 3038280701 April 2, 1997 Barbara Kirkmcyer Weld County Commissioner Dear Ms. Kirkmeyer, I am writing in regards to Martha Ann's application for a zoning permit for a mobile home for a medical hardship. The property in question is located at 4510 Weld County Road 5, Erie, Colorado, 80516. The hearing is scheduled for Wednesday, April 2, 1997, at 9:(X) AM. If 1 understand correctly, Ms. Ann has a elderly relative who has Alzheimer's Disease, and the permit would allow a mobile home to be located on her property for use by that person. The property's current 'zoning is agricultural, which only allows one residence per 35 acres, and a house is already located on the property, Although I reside further than 500 feet from the property in question, I am a property owner in Park Land Estates Subdivision, which borders the property. As an active member of the Parkland Homeowners Association, I have been involved in effiorts to maintain the character and integrity of both Parkland and the surrounding rural area. i am not opposed to Ms. Ann caring for elderly relatives, and am glad to sec people taking care of their families. However, l am concerned about aspects of this special use permit for a mobile home. First, I ask the Commissioners to insure that this is indeed an unexpected hardship. It is my understanding that the property was purchased rather recently. This may not be in the same category of a long time resident who suddenly finds themselves faced with an unexpected situation. Please examine the circumstances completely. How long has the relative been afflicted with this ailment? If this condition existed prior to the property's purchase, it might indicate that the purchase was made with the full knowledge that the new owner intended to change the purpose, zoning and character of the property. When was the mobile home purchased? As it is an older used home, was it previously located on the Ms. Ann's tbrmer property and moved to the new property. Again, if this is the case, I would ask the Commissioners not to view this ease as a hardship, but rather as a planned action to circumvent the area's zoning restrictions. Also, the mobile home is a double wide home of at least 1,500 square feet. it appears that Ms. Ann is not merely adding accommodations for one person, but another full-sized residence. Second, I object to the mobile home having been placed on the property prior Ms. Ann receiving the special use permit. Third, I encourage Ms. Ann to make more permanent arrangements. Tf a mobile home requires a special use permit tinder hardship conditions, that indicates to me that it should be of a temporary nature. I encourage the Commissioners to permit Ms. Ann to locate a mobile home for u maximum of one year, which would allow ample time for an addition to the permanent residence to be built to accommodate Ms. Ann's relative. Thank you for considering my input. a. times A. Hollis 4729 Edie Place Erie, Colorado 80516 Vic; /oCC) 970629 LAND USE APPLICATION SUMMARY SHEET PLANNER: Kerri Keithley CASE NUMBER: ZPMH-2041 APPLICANT: Martha Ann ADDRESS: 4510 Weld County Road 5 Erie, Co. 80516 REQUEST: A Zoning Permit for a Mobile Home to be used as a Medical Hardship in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Lot B of RE -496 located in pt. of the W2 of Section 9, TIN, R68W of the 6th P.M., Weld County, CO. LOCATION: East of and adjacent to WCR 5, north of WCR 10 SIZE OF PARCEL: 10 +1- acres PARCEL NUMBER: 146109 000068 POSSIBLE ISSUES SUMMARIZED TROM APPLICATION MATERIALS The criteria for review of this Zoning Pernik for a Medical Hardship is listed in Section 43.2.4 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: I. Weld County Health Department 2. Weld County Public Works 3. Tri-Area Planning Commission 4. Town of Erie 5. Mountain View Fire Protection District 970629 iet:r4 WilDe COLORADO MOBILE HOME ZONING PERMIT ADMINISTRATIVE REVIEW Applicant: Martha Ann Case Number: ZPMH-2047 This is a Request for: A Mobile Home to be used as a Medical Hardship Legal Description of Parcel: Lot B of RE -496, located in part of the W2 of Section 9, Ti N, R68W of the 6th P.M., Weld County, Colorado Parcel Identification Number: 1467 09 000068 Water Source: Left Hand Water District Sewer Source: Septic The Department of Planning Services' staff has reviewed this request and approves this request for the following reasons: WILL WILL NOT x x x x x x Be compatible with the Weld County Comprehensive Plan. Be compatible with the surrounding area. Be in harmony with the character of the neighborhood. Adversely affect the immediate area. Be adequately served by water and sewage disposal facilities. Adversely affect the general health, safety and welfare of the inhabitants of the area and the County. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant applying for a building permit for the mobile home prior to locating the mobile home on the property. 2. Prior to the occupancy of the mobile home, the mobile home shall be connected to an approved septic system and a legal water supply. 3. The applicant shall utilize the existing access onto Weld County Road 5. No additional accesses onto WCR 5 are granted for the mobile home. 4. The mobile home shall not be occupied until such time that the applicant has complied with Conditions 1 and 2 stated above. / Kerri D. Keithley Current PI Date: March 10. 1997 970629 Field Check inspection date: Feb. 21, 1997 Case Number ZPMH-2047 Applicant Martha Ann Request Zoning permit for a mobile home to be used as a medical hardship Legal Description Lot B of RE -496 located in the w2 of Section 9, TIN, R68W Parcel Number 1467 09 000068 Location East of and adj. to WCR 5, north of WCR 10 4iY N •I=k4 hl•I4RdIRIt,pllhl�Eti4)�'Ir�IibIN•I I•t�,•Ixi6t;i,�ui A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) Unsafe Conditions: Comments: t ilililiiiltli•• ��{iIA tI�V�u•��Ii1t�HIti ICIAIA0IItti�„•WW� i��I.'d �II.iil w!}�t t'W{tftt I {ttl�tt•I !t .. t �. uA(„tililvit 3N44I.>��i.R.��••.d• N Agricultural production E Agricultural production S Rail road tracks, residential W WCR 5, residential There are no apparent unsafe conditions on the site There are large trees surrounding the site, screening the existing home from WCR 5. There is a private access road to the home off of WCR 5. Railroad tracts border the site to the south. Kern D. Keithley •S rent Planner 970629 /)L�. t a.zfaeA 2' & • L ' 1G g i5 r 44. hza 077/ �CIl 4 Fl CL Y �, H97 h.. 'ft (-)sor Iut -� pTi , 6 tirj L Q.._ ..c..4 .a.- h Gt 31,1_,,,3 ` , Wit; , ,7%, ,e -.2..y?- • 61 wu-c` -re- .l ; a--1- ea ---4' ,e ztw-'.fie-at- .fie- .- (" m _e_4:3,740 -,L a ii•---teleatt-- el w,-111-4--12--e-n-C;---a/' .eir-eSe-o U u 614 Fast (,e -u) `171A-- L 1A}, -41 -EL A --Y ae-7(a- z-,-----'-) I a- h�. yn�y-c,vr✓� `I -A -L 47 ; r�ory �G�tt%� rL \,1_,--I--0-c--14- / . at:: tar — ' A �-'t- - �'`_ _ i-.I 0 . <�^ ..v�+'wwLG� 1�,9-'Y✓�'�'�'�- X�C.-OJ > toz_za57:5)6 � G coo -tea �, tom' 970629 arn-hte /'/ 7c:70000% APR. 1.1997 2:07PM P 1 FROM : STANCO SALES PHONE NO. : 303 828 3658 April 1, 1997 Barbara Kirkmeyer P.O. Box 758 Greeley, CO 80632 Dean and Ann Mirabassi 4414 WCR #5 Erie, Co 80516 Re: Mobile Home, medical hardship, permit for Martha Ann, 4510 WCR #5, meeting Wednesday, April 2, at 9:00 am. Dear Ms. Kirkmeyer: We are the neighbors directly to the south of 4510 WCR *5. We have some questions concerning the special use permit for the mobile home. Does the mobile home have to be located between the house at 4510 WCR #5 and the closest neighbor? If the mobile home remains where it is now where will the parking be? Will their be continued vehicle access to the property from the railroad tracks or will the existing driveway be the only access? We are extremely concerned about compatibility for many reasons. The existing home has 2 kitchens, 3 baths, and 4 bedrooms. With the addition of the mobile home there will be 3 kitchens, 5 baths, and 7 bedrooms. This is not consistent with the single family dwellings that surround 4510 WCR *5. The traffic that will be generated because of all the bedrooms will be significant. As we understand there will be at least 7 licensed drivers (8 if Mr. Bartling still has a license). I do not believe any one residence has that many. If this special use for the property is granted, we would like it to be the only special use allowed. We would also like to see any other intended uses be limited to those that will not create any more traffic on or around the property. An example would be, if our neighbors wanted to raise cattle for themselves that would be fine. 14 they wanted to raise cattle and sell processed meat from the property, that would create more traffic and would therefore be unacceptable. We believe the special use is exactly that. If it is our neighbors decision that they choose to designate their property for a special use, other uses must be limited. If the permit is granted, we would like the location of the mobile home to be permanent far the duration of it's use. The time and money to landscape our property to mitigate the damage to our property value will be significant and we do not want to be forced to repeat the process. Thank you for your time. Sincerely, 1141;4 4, Dean Mirabassi /JG-; c/q 970629 &J c2%e.r ©o4 ae"--aclo 8630`/ S -- `Lt a J l ft 97 ca -e -a, ()J,`" kil CAL' `, 44-Alf ALZH EIMER'S' ASSOCIATION Someone to Stand by loo 970629 January 21, 1996 1735 Oak Avenue Boulder CO 80304 Dear Ms. McCord, We currently have under contract to buy the property owned by Pam and Lou Smith at 4510 WCR 5. Because my husband has Alzheimer's disease and I have various medical problems, we need to move a very nice mobile home onto the property so that my daughter and her family will be able to assist us. According to Weld County Planning Department, even though they allow this under a medical hardship provision, they requires us to consult the nearest neighbors to see if they can agree to a temporary mobile home in their neighborhood. Attached are pictures of the home. We intend to put the home next to the house on the south side in the wooded area. It should not be very visible. If you have no objections, would you please sign the enclosed petition? If you wish I can supply the plot plan we gave to the Weld County Planning Department. I have provided a self-addressed envelope for your convenience./' }} If you have any questions, please call me at 449-0204. ('_ l c>�) c' (b u <J 1. Also, I will make every effort to contact you to talk about this project. Thank you, C_ 1/y1�1 Martha Ann Bartling 970€29 7O : We -0z) CO, -. )&-1 t i?u . lwl it {G. tty PV' 1`4,00 i4. t-1 t . A,le &enter( RE T?.A"-e2 (40ME Wei rr RPeLtc+.-n o..; x151O cit. °S , t=2%E esaS o FEB 2 6 Ve 42_ MS . k 6 in-( Le"Y WE F2E' A rlecirh.tt3OVZ Th '-( 025. Colt House' ►s 'D62ECJrL'-( sooty OF r4E Hooie- t4'r x O 02.5 . Tb E(4 Cr- n-tl? Ct-.eflEST HOotE' -0 T+ -se' irk ou se A -T y 5 ( O c .(at , WC- AR -E. r1 ATt.At A LL'( (14 TEROV. t 1= C f ni W 4 AT &JJL t 1_. 1bE 4 A -P PErJ I'4 U t nl 2EC4A2VS TO t -LA j .-J Cr R r2.PbtL It t -Lome- wtoJe0 9N t-3 )Cc- 000R.-a.t4G- e -fl ar-ccL.OoED P.otAl re -le 'PeQfv,tT APPUC-,ATLan{ vQoeeSS HAS NStst•rrsr e D OU2 COA1 Cks2i.{. t,Jout,D LIKE Tt, EKcEt2CjSE tl0.k"-( R4C+CTS TN AT Loe lv1A-1/4( t1P,AIE to Tb>=C-OwtE' f4iFOR- Pt 6oJ-r LIR pr'r UJtLL, TR_P.'.I-SP I tat. As -to "MD S#JsoseC /Y%U t al_ R C2.2E MEwEr Aryl ow-GSD Out Set -VS A -e40 OU2 Net-) NELC#r&t3OQS RESM&O i$4 MATTE R. S Sucr( AS T2Aitx 2 gtretN Cr Fart D 4e %T N ett cS , ti- ►, 00R 1beU.E P THE c00t4 rY a.pc•.t 't is .i t OEs A o%Lt. ReRat,.bG- TO ACYt>R CS5 Ti-tC'Sa' f MD At.L cm-LE2 COM.c.Ga'4S , lP' isAse- aoe.- staC-r_ not S R 1Z -e (bue ST- pore._ soci-4 R PO1B'-a t A EA2 t. C> , J u.LG6 f? E LX -Osp,i4 E. iv\ trZANZA6 1 4{&41`-1 c.r& 5 l=abs Co 1505lto �2�b- o-t3(o 970€29 WELD COUNTY DEPARTMENT OF PLANNING SERVICES 1400 N. 17th Avenue, Greeley, Colorado 80631, Phone: (970) 353-6100, Ext. 3540, Fax: (790) 353-6312 MOBILE HOME ZONING PERMIT APPLICATION IMPORTANT - Complete all items on both sides. Mark APPLICANT Ann, NO ✓—1 Lick PHONE <,rt i 02,0i-l- ADDRESS/CITY/STATE/ZIP CODE 1 "Z "a 5 (1.2k aE' CD u o at 6,D CWNER ` Q)M d 3 , jrn CI- 1:—...., ADDRESS/CITY/STATE/ZIP CODE L f U Loc.a 6 CITY - STATE - ZIP C LEGAL DESCRIPTION -Ili /7- N Section `7 , T � R LT/ W. Total Acreage / CO 4- Check type of application Application Fee $230.00 ❑ Temporary Use During Construction of a Residence ❑ Temporary Storage ,yt Accessory Dwelling 1 JAN `F. ' Application Fee $230.00 ❑ Use Beyond 18 months During Construction of a Residence ❑ Extension Beyond 6 months for Temporary Storage Mere -than one MH as Accessory to Farm ❑ More than one MH as Accessory Use as an Office ❑ More than one MH as Accessory Use in C (Commercial) or I (Industrial) zone district X Temporary Use during Medical Hardship _ J ❑ More than One Accessory Structure -- ❑ Principal Dwelling TYPE OF SEWAGE DISPOSAL ❑ Public or private company A Septic Tank - Permit # Copy attached: Yes O No o TYPE OF WATER SUPPLY At.,4_- f. ilicend Public or private company: 4btc r o Individual (well, cistern) Permit# Copy attached: Yes ❑ No ❑ ACCESS: o Existing o Proposed Y Application Fee Paid $93o. (1 :O Receipt # ) ',_; Date: I - -A,' - Cl I Zoning District Zoning Permit # Chaindexed: Flood Plain: o Yes o No Geologic Hazard: o Yes ❑ No Approved by: o Staff o Board of County Commissioners - Hearing Date: ISSUED BY: Date MOBILE HOME BUILDING PERMIT # Date Issued: Cl st�3oi- e 11j-n�7i 701329 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Avenue, P.O. Box 758, Greeley, Colorado Phone: (970) 356-4000, Ext. 3750 1. Applicant Name a n n NQ rt Phone 303 - Address ( 1 3C CcaJc. C P City ai (cl ei- State N a Zip R f)13 -t,,,_ 2. Address or location of access -tS to Section Q /erg Township / N, Range ‘A i ti c} <, Pm Subdivision Block Lot Weld County Road # S Side of Road N S E�r W Distance from & number of intersecting 3. Is there an existing access to the property? Yes 7 No # of accesses 4. Site Sketch: tni\ f' A �i ,,_ aim ► R! .__J%L _. 13 i 0 i i WG)E'_ 5 ?-2- n 1 UF wciZ3 5. Proposed use: Permanent _ Residential/Agricultural _ Industrial )< Temporary _ Commercial _ Subdivision _ Other OFFICE USE ONLY Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement: Culvert Size Length Other Comments: Installation authorized _ Information Insufficient Special Conditions Reviewed by: Title: 970629 January 25, 1996 Re: Jerry Bartling To Whom It May Concern: I have been the physician for Mr. Jerry Bartling for over two years. Mr. Bartling unfortunately has mild Alzheimer's disease as manifested by short-term memory loss, difficulty with calculations and other tasks involving cognitive function. The one common feature that he has with many patients in the relative- ly early stages of Alzheimer's disease is that he has maintained his ability to socialize. People who cane into rather superficial contact with Mr. Bartling will not necessarily be aware of his deficits. The patient with mild Alzheimer's disease will frequently dress well and be able to maintain a certainly adequate conversation as long as it is not carried into any depth. This is frequently quite frustrating to the people who are caregivers for these patients, in that the friends and relatives frequently do not appreciate the rather profound deficits that are involved in even a mild case of Alzhe- imer's. Sincerely, ("7, . I( UJPt.��iI�� Michael Perlman, M.D. MP/pass 970829 - 0 Martha Ann 1735 Oak Ave. Boulder, CO 80304 LEFT HAND WATER DISTRICT January 23, 1997 Tap Request # 1792 Request Date 1/17/97 For Location: 4510 Weld County Road 5 - Sec 9, T 1N Windy Gap A review of the above referenced tap request has resid 5/8" tap(s) R68W Weld County shown that: There is adequate pressure and volume to serve one additional residential 5/8" tap at the above referenced location, when all conditions of service have been met. Conditions to serve include payment in full of the current tap fee, and, if service is to be provided prior to the lifting of the District moratorium, the granting of an exception to the moratorium due to medical hardship. Such requests are granted at the sole discretion of the Board of Directors and will be addressed at a regular monthly meeting on the Thursday following the second Tuesday of each month. A copy of the now current tap fee is enclosed for your information. Please note that these fees are subject to change at the discretion of the Board, without advance notice. Tap fees for 1997 are scheduled for review in February. You are under no obligation to purchase a tap at this time. The above conditions to serve do not constitute a commitment on the part of the District to serve, until all conditions for service have been met. If we do not hear from you within sixty days of this notice, we will consider your request withdrawn. Future requests for service will require a new application and/or fees. If you are interested in purchasing a water tap and receiving a tap commitment, please indicate below the date in which you wish to present this request for consideration by the Board, and return the signed copy to the District by the first of next month. Applicant intends to: Execute a conditional sales contract and request for exception from the moratorium to be presented to the Board of the District for final approval on or before the following date: (Board meetings are the Thursday following the second Tuesday of each month) Applicant Signature P.O. Box 210 • Niwot CO. 80544 • (303) 530-4200 • Fax (303) 530-5252 970629 RESOLUTION NO. 95- I A RESOLUTION OF THE BOARD OF DIRECTORS OF THE LEFT HAND WATER DISTRICT ESTABLISHING CRITERIA FOR THE GRANTING OF INDIVIDUAL TAPS DURING THE MORATORIUM OF TAP SALES. WHEREAS the Board of Directors of the Left Hand Water District retained the services of RBD, Inc., Engineering Consultants, to conduct a water system analysis of the District's treatment and distribution system; and WHEREAS RBD, Inc., Engineering Consultants, presented the Board with its findings and recommendations on May 9, 1995, and the Board studied the analysis in depth at its meeting of May 22, 1995; and WHEREAS the analysis indicated that certain characteristics of its delivery system, which are unique to the District due to its dual treatment facilities, limit the District's ability to deliver treated water from the treatment facilities in such a manner as to adequately meet the peak demands of the District which occur during peak or high usage seasons of each year at an acceptable level; and WHEREAS it is in the District's best interests that it maintain a sufficient reserve of treated water for fire fighting and other emergencies which require large quantities of water; and WHEREAS the sale of additional water taps may further limit the District's ability to meet the demands of its existing customers during the summer months of high usage and periods of peak demand; and WHEREAS on May 22, 1995, the District's Board of Directors enacted a moratorium on the sale of additional taps, said moratorium to expire October 1, 1995, unless further extended by action of the Board of Directors; and WHEREAS further analysis of the District's delivery system indicates that some distribution lines possess the capacity to add additional users without adversely affecting existing customers, and it is in the best interests of the District and general welfare that each application be reviewed on a case -by -case basis; and WHEREAS further analysis of the District's delivery system indicates that there is sufficient capacity for those taps which were committed for sale and activation by the District prior to the moratorium by contract, letter of commitment or by intergovernmental agreement; and WHEREAS the interests of public health, safety, and welfare may require the sale of additional water taps if the limitations of the District's delivery system permit such service and such service will not materially degrade the level of service to the District's existing customers; NOW THEREFORE BE IT RESOLVED BY THE DISTRICT'S BOARD OF DIRECTORS THAT: 1. Exceptions to the moratorium may be granted by the District's Board of Directors for service within the District upon good cause shown, in chronological order of the requests, and upon: (1) the District's engineer certifying that the 970629 District's line to that customer has sufficient capacity and that new service will not materially degrade the level of service to existing customers; and (2) the applicant demonstrating to the satisfaction of the Board that one or more of the following criteria are met: 1.1 The service is for a residence that was completed and a certificate of occupancy issued prior to the date of the moratorium. 1.2 Individualized health concerns (as opposed to generalized public health concerns) require connection to a domestic water supply, and no feasible alternative exists for that customer. 1.3 The property was previously serviced by a well and not by the District if such well is determined by the Boulder County or Weld County Health Departments to be unsafe for human consumption. 1.4 Applications for service which were pending at the time of the moratorium and which were delayed due to county planning procedures or other circumstances beyond control of the applicant and the applicant demonstrates due diligence in seeking the approval of the project. 1.5 Service which is required by intergovernmental agreements which existed prior to the date of the moratorium and which were considered by the District as "commitments to serve" in its analysis of capacity and delivery capabilities. 1.6 The service will be for a building or structure which will benefit the community as a whole and serves the general health, safety or welfare of the public, as determined by the Board in its sole discretion. 2. All requests shall be reviewed by the District's staff which shall provide the Board with such analysis and additional relevant information to enable the Board to make its decision, including without limitation, line capacity and line flows, pressure, and volumes. 3. This resolution shall be effective upon passage by the District's Board of Directors and shall remain in full force and effect until modified or rescinded by further action of the District's Board of Directors. Dated: '1/ 1995 thws\mor. res LEFT -''I WATER B 970629 LEFT HAND WATER DISTRICT The Left Hand Water District enacted a moratorium on new tap commitments on May 22, 1995. At the present time, the District is proceeding with several improvements to the treatment, storage, and distribution systems that will improve service to existing customers and allow a limited number of new services when these improvements are completed. The Board of Directors of the District, at the June 11, 1996, regular Board meeting, made the following determination on the status of the moratorium: For all District areas except those served by the Joder Tank, the current moratorium is terminated, however, no new tap commitments will be put into service until the completion of the planned improvements; or if the improvements are not complete, until September 1, 1997 provided that the improvements will be complete prior to the 1998 spring or summer peak usage period. Those customers wishing to secure commitments for water taps during this period must: * Complete the attached form, choosing a date for presentation of their request to the Board. Completed forms must be returned by the first Tuesday of the month in which Board consideration is requested. That date may be any time up to and including September of 1997. It must be noted, however, that until Board approval is received, no commitment for service may be made. * Receive final approval of the Board, and execute a conditional sales contract which will require, at a minimum, the payment of the plant investment fee component of the current tap fee. Fees must be paid within sixty days of Board approval. * At the purchasers option, the raw water acquisition fee, water reserve requirement, and the installation fees may be deferred until water service to the taps commences, providing the purchasers give ninety days advance notice of the date of installation and activation of the tap. This notice will allow the District time to secure water rights for each property. Fees due will be the then current fees for each component. In order to allocate the limited capacity that will be provided by these improvements, and to establish a fair and orderly method of application and payment for taps, please complete and return the enclosed form within sixty days, or your request will be considered to be inactive. P.O. Box 210 •:Niwot CO. 80544 • (303) 530-4200 . Fax (303) 530-5252 9709 J Q H Z W in _ N ZmE. cm O r QNQQ C1 rem QW W 2 L QO CO M CO O) W r CA 4.0 J to r � W aW ZW CO Zm mad WZ PO ill v) LL W a WQ W LL W N O. H Q 0000' ooa))0 CO CO Tr - N CO T" '0000 N- 0 0 0 CO 0 r N O M r N m b Cf0 a H b N O) CO M 4, CO CO 0 CA O r LC, O 0 0 ; CD NO COI) ; C', f-0cON M CQOr Cl01 53 a 0000 CO O V O O N CO OA m r O O O 0 N - ONO N O COO CO 1.0 V' N W W LL LU E-Oww Z p w > I-5_ wow >QWH Z Cea <<W 0 w CO r N M 9'70)M9 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME t, 5 trite 4-^, L,nd a C, ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Peas --c . . S -j-. 1 Li" to*70 4nrro C 7 i'thecztriatc2 & �p a. +rt. ic' zI,SakuarrEc 1',knottx-ne [L- 'Tucson 4Z 7 FS 3 Sr1net, 2'c, el'-av le g '1- D; 2.b& Ci 070;1,2. x, Zrta 1446-7ol 1 (,)o ens ,e Rtl iln ir;9. "`4 v -r7}. Eq. Rae ELT rugt /r,,e t A"7nR In2nj- - L/es Al b , cet +. Per -kr eece_ u13g GiGP, 51 i4b"7ogonce 12 -yes b 1Sre/ eJ t }Zcado1ph, q -C1 b WCP. c /tit -7 04 000&/7 tic) 7, {1-t '/2(0OL/CR_S /9,7Oc heron -7.2. '3llY'edoCLSS , D e,.n .- Akin H )-I i'-) I CAZ. )'t610,ynnot, '71 10 970629 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Subject Property E C O LA) G,R 5' THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within 500 feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company, or an attorney. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date 970829 9 MOBILE HOME PETITION Do not sign this petition unless you are an "owner of real property within 500 feet of the property which the mobile home is proposed to be located on. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In this instance, the seller may tat sign this petition. We, the undersigned owners of property within 500 feet of the property which the mobile home is proposed to be located on, do not object to the issuance of a zoning permit for a mobile home to be used as a rs'Pdical hafrcLskif, , Please do not sign Mr. and Mrs. - sign individually. Please do not sign this unless you have read all of the text. gnature Mailing Addr,eseTelephone Number Date of Signing -23t we tcia lc, 303 2K °I Circulator's Signature 8 970629 MOBILE HOME PETITION Do not sign this petition unless you are an "owner" of real property within 500 feet of the property which the mobile home is proposed to be located on. An owner is a person holding fee title to real property. You are an "owner' if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In this instance, the seller may not sign this petition. We, the undersigned owners of property within 500 feet of the property which the mobile home is proposed to be located on, do not object to the issuance of a zoning permit for a mobile home to be used as a 'meet 'co karcL5Lnip Please do not sign Mr. and Mrs. - sign individually. Please do not sign this unless you have read all of the text. Signature Mailing Address Telephone Number Date of Signing 4,4 'YO 079 Wei/ R1 C5e,cc el) 805/6 14)-342:5 /";1/"47 /7E)"Le e 7/4x7, 373-292°- /-Z/—?7 8 Circulator's Signature 970629 January 27, 1997 1735 Oak Avenue Boulder CO 80304 Monica Daniels -Mika, AICP Director Weld County Dept. of Planning Weld County Administration 1400 N. 17th Avenue Greeley, CO 80631 Dear Ms. Daniels -Mika, Thank you for seeing me and my husband last Friday when all the planners were in a staff meeting. Enclosed is the mobile home petition with the fifth parcel owners signature in favor of locating our mobile home on the property at 4510 WCR 5, Erie, Colorado. Out of the nine parcel numbers we were given, two parcels were owned by the same party which gave us eight owners to contact. Out of the eight, five have agreed to placement of our mobile home, two disagreed and one cannot be located --she is either in Tucson, Arizona or Australia. I sent a packet to her last known address, checked with the telephone company in Tucson and no telephone number was listed for her nor have I heard from her. After talking with you on Friday, my understanding of our conversation was that we will not have to go through the public hearing process with five approvals of our project. Is this correct? Thank you for your kindness to us last Friday. Again, we were treated with dignity and efficiency by yet another Weld County office. Sincerely, LZMcLnsAti Martha Ann Weld County Planning Dept. JAN 2 9 1997 svocszs RECEIVED MOBILE HOME PETITION Do not sign this petition unless you are an "owner" of real property within 500 feet of the property which the mobile home is proposed to be located on. An owner is a person holding fee title to real property. You are an "owner" if you hold a contract to purchase real property which obligates you to pay general taxes on that property. In this instance, the seller may rat sign this petition. We, the undersigned owners of property within 500 feet of the property which the mobile home is proposed to be located on, donot object to the issuance of a zoning permit for a mobile home to be used as a ri'NEC4 I c g I k A r ci-'S rn l p Please do not sign Mr. and Mrs. - sign individually. Please do not sign this unless you have read all of the text. ignature a Mailing Address Telephone Number Date of Signing gaga etc; it 4 Z 1 kafru . 6.4 v� Circulator's Signature 8 970629 catr COIAAAW TO WHOM IT MAY CONCERN: DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 CASE NUMBER: ZPMH-2047 Enclosed is an application from for a Zoning Permit for a Mobile Home to be Used as a Medical Hardship. The parcel of land is described as Lot B of RE -496, located in part of the W2 of Section 9, TIN, R68W of the 6th P.M. Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of and adjacent to Weld County Road 5; north of Weld County Road 10. For a more precise location, see legal. The 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 February 27, 1997, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call, Kerri Keithley, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. We have reviewed this request and fmd 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. 4. We have reviewed the request and fmd no conflicts with our interests. A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed: Agency Date: 970629 REFERRAL LIST NAME: Martha Ann CASE NUMBER: ZPMH-2047 REFERRALS SENT: February 6, 1997 REFERRALS TO BE RECEIVED BY: February 27, 1997 COUNTY Attorney X Health Department Extension Service Emergency Management Office Sheriffs Office X Public Works Housing Authority Evans Airport Authority _Firestone Building Inspection Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 Mead Briggsdale F-24 _Milliken Brighton F-3 New Raymer Eaton F-4 Northglenn Fort Lupton F-5 Nunn Galeton F-6 Pierce Hudson F-7 Platteville Johnstown F-8 Severance La Salle F-9 Thornton X Mountain View F-10 Windsor Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams Platteville F-13 Boulder Platte Valley F-14 Larimer Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers Windsor/Severance F-17 USDA -APHIS Veterinary Service Wiggins F-18 Federal Aviation Administration Western Hills F-20 Federal Communication Commission TOWNS and CITIES Ault Brighton Broomfield X Dacono - Memo Only Eaton X Erie OTHER Central Cob. Water Conservancy Dist. Panhandle Eastern Pipe Line Co. X Tri-Area Planning Commission SOIL CONSERVATION DISTRICTS Brighton Fort Collins Greeley Longmont COMMISSION/BOARD MEMBER 970629 1 oi&ttr IIIIIDe COLORADO February 6, 1997 Martha Ann 1735 Oak Avenue Boulder, CO 80304 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX: (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: ZPMH2O47, Lot B of RE -496, located in a part of the W2 of Section 9, TIN, R68W of the 6th P.M. Weld County, Colorado. Dear Ms. Ann: Your mobile home zoning permit application is being processed by our office. If it is determined that the application meets the approval criteria of Section 43 of the Weld County Zoning Ordinance, as amended , and you have submitted a petition with the signatures of at least 70% of the surrounding property owners who have no objection to your request, you will be notified that the zoning permit 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 at least a week prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the zoning permit for the mobile home. If you have any questions concerning this matter, please feel free to call me. Respectfull KDK/sef Kerri Keithley Current Planner 970629 FEB 11997 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 _-- --- -.-WhLD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 CASE NUMBER: ZPMH-2047 TO WHOM IT MAY CONCERN: Enclosed is an application from Tor a Zoning Permit for a Mobile Home to be Used as a Medical Hardship. The parcel of land is described as Lot B of RE -496, located in part of the W2 of Section 9, TIN, R68W of the 6th P.M. Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of and adjacent to Weld County Road 5; north of Weld County Road 10. For a more precise location, see legal. The 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 February 27, 1997, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days maybe deemed to be a favorable response to the County. Please call, Kerri Keithley, 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 fmd that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. We have reviewed the request and fmd 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: Date: d. ftj4.Gl/AJ ,2b l4(Q(% Agency ,,iirofm�� 970629 DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 CASE NUMBER: ZPMH-2047 TO WHOM IT MAY CONCERN: Enclosed is an application from for a Zoning Pennit for a Mobile Home to be Used as a Medical Hardship. The parcel of land is described as Lot B of RE -496, located in part of the W2 of Section 9, TIN, R68W of the 6th P.M. Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of and adjacent to Weld County Road 5; north of Weld County Road 10. For a more precise location, see legal. The 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 February 27, 1997, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call, Kerri Keithley, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. We have reviewed this request and fmd that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. We have reviewed the request and fmd 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: Date: itActA A . J - Agency MOUNTAIN VIEW FIRE PROTECTION DISTRICT 9119 County Line Road Longmont, CO se5ci (303) 772-0710 or Metro 13,-3) 666-4404 Fax (303) 651 7702 970629 4i&cek; Wi�Yc cowxwuo DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 CASE NUMBER: ZPMH-2047 TO WHOM IT MAY CONCERN: Enclosed is an application from for a Zoning Permit for a Mobile Home to be Used as a Medical Hardship. The parcel of land is described as Lot B of RE -496, located in part of the W2 of Section 9, T1N, R68W of the 6th P.M. Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of and adjacent to Weld County Road 5; north of Weld County Road 10. For a more precise location, see legal. The 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 February 27, 1997, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call, Kern Keithley, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. We have reviewed this request and fmd 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. 4. 4 - We have reviewed the request and fmd no conflicts with our interests. A formal recommendation is under consideration and will be submitted to you prior to 5. Please refer to the enclosed letter. Signed: (A.O.4, Agency 1 `i Date: Q_/8_97 970629 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 933 North 11th Avenue, P.O. Box 758, Greeley, Colorado Phone: (970) 356-4000, Ext. 3750 1. Applicant Name ann NQrt. La Phone 3O3 -t `P—OZOr71 Address 17 3C Car-. El lap City 'Bean Id es'- State N n Zip 9 h 2. Address or location of access Lt Ic we Section q le -t 8 Township / N. Range I, 9 W oi 4 Pm Subdivision Block Lot Weld County Road # S Side of Road N S(E)or W Distance from & number of intersecting 3. Is there an existing access to the property? .. 1 4. Site Sketch:5 Yes ✓ Wore_ N No *of accesses .2- 5. Proposed use: Permanent _ Residential/Agricultural _ Industrial X Temporary _ Commercial _ Subdivision _ Other OFFICE USE ONLY Road S ADT 487 Date 6\`IL Accidents Date E A T. 3 -5--42 1e -.g -4z Road IO ADT 4$ Date 61 b Accidents 't Date Drainage Requirement: Culvert Size Length Other Comments: Installation authorized _ Information Insufficient Special Conditions t1/2g-Fie ISTIIJL4 ACCESS ON1TO WC -12. S. Reviewed by: Title: 970629 Weld County Planning Dept. W1�Pc CO[AAADO FEB 1 2 1997 U WELD CO. HEAL{ H ucp I I DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 FEB 0 11997. Ll CASE NUMBER: ZPMH-2047 TO WHOM IT MAY CONCERN: Enclosed is an application from for a Zoning Permit for a Mobile Home to be Used as a Medical Hardship. The parcel of land is described as Lot B of RE -496, located in part of the W2 of Section 9, TIN, R68W of the 6th P.M. Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of and adjacent to Weld County Road 5; north of Weld County Road 10. For a more precise location, see legal. The 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 February 27, 1997, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call, Kerri Keithley, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. We have reviewed this request and fmd that it does/does not comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request is/is not compatible with the interests of our town for the following reasons: 3. We have reviewed the request and fmd 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 Date: Ti,)!!o ,iIce-i-J him nppll-c-, 1@ 0-C- t€ O411*J leM fb nv!it iv,2tt�. �� CT -00J s4' cnoc 970629 Agency WC 41 On Dy/ ficerri Wi�Dc COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 CASE NUMBER: ZPMH-2047 TO WHOM IT MAY CONCERN: Enclosed is an application from for a Zoning Permit for a Mobile Home to be Used as a Medical Hardship. The parcel of land is described as Lot B of RE -496, located in part of the W2 of Section 9, TIN, R68W of the 6th P.M. Weld County, Colorado. The location of the parcel of land for which this application has been submitted is east of and adjacent to Weld County Road 5; north of Weld County Road 10. For a more precise location, see legal. The 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 February 27, 1997, so that we may give full consideration to your recommendation. The failure of any agency to respond within 21 days may be deemed to be a favorable response to the County. Please call, Kerri Keithley, 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 fmd 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: We have reviewed the request and fmd no conflicts with our interests 4. A formal recommendation is under consideration and will be submitted to you prior to 5. XX Please -refer tothe enclletter. Please see reverse. Signed: �-�� i ,� y�r�:. Agency Tri-Area Planning Date:9 Ma: 9703.29 TPAC Meeting - 3/3/97: Although zoning regulations clearly allow the placement and use of a mobile home under the medical hardship provisions, while considering the utility hookup requirements, we suggest that the unit's placement be as unobtrusive as possible. There are very few mobile or manufactured units in the area and this allowed exception should not become a standard. 970r2g • 40 38 •• 36 • 34 32 •• 30 • 28 26 24 • 22 20• 18 16 14 • .C![l u J:SI N .C ,C Cc C J } 12 10 8 6 O 0 Tztd. 4 ...... 2 .C• 00 • Unto" R•vr.ort fx SSUW . ',ea,f MEAD POP. *5 pcilarn °SO R es •I i BARBOUR • ST ATE R A. e •, r��_"Xr�r • 71 l[1IUR 6.68 g RE OERTC z zU •4C0N 1) ENCHANT[ HILL W 67WI A 1,1 qta'aZik-L•ff T• ACT tit LC - :k PACIFIC 50.0 .. L' PRIORITY1 Real Estate 1318 S. College Ave Ft. Collins, CO 80524 Phone: (970) 484-5508, Fax: (970) 484-8678 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD 1 ON5rt..T LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE January 08 ,19 7 1. PARTIES AND PROPERTY. Martha Ann Jerry W. Bartling Chritt.y D. Jonrt buyer(s) [Buyer), (as A{1t'tier{at!tts! tenants in common 1 agrees to buy, and the undersigned seller(s) [Seller), agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of Head_ , Colorado, to wit: LOT B OF RECORDED EXEMPTION NO. 1467-9-2 RE 496. BEING A PORTION OF THE W 1/2 OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., ACCORDING TO THE MAP RECORDED MAY 19, , 1981 IN BOOK 936, RECEPTION NO. 1858146, COUNTY OF WELD, STATE OF COLORADO, known as No. 4510 WCR 5 j',rie _ CO 80516 Street Address City State Zip together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as hereiti excluded (collectively the Property). 2. INCLUSIONS / EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of this contract: lighting, heating, plumbing, ventilating, and air rnnditinning fixturen, TV antennas, water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls. built-in vacuum systems (including sct•e snric.;), and garage door openers including doh remote controls; (b) if on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain suds, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (c) window coverings The above -described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale at the closing, free and clear of all taxes. liens and encumbrances, except as provided in Section 12. The following attached fixtures are excluded from this sale: 2 Falcon sheds, one washer & dryer set. 3. PURCHASE PRICE AND TERMS. follows; (Complete the applicable terms below.) (a) Earnest Money. the fomi of P .rsonai__Check , as earnest money deposit and pert payment of the purchase price, payable to and held by 'I1t1e __Company __ , broker, in its trust account on behalf of both Seller and Buyer, Broker k authorized to deliver the earnest muney deposit to the closing agent, if any, at or before closing. The balance of $ (purchase price less earnest money) shall be paid as follows: (b) Cash at Closing. $ , plus closing costs, to he paid by Buyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified cheek, savings anti loan teller's check, and cashier's check (Guod Funds). Subject to the provisions of Section 4, if the existing loan balance at the time of closing shall he different from the (Iran balance in Section 3. the adjustment shall be made in Hood Funds at closing or paid as follows: n/a The purchase: prune shall be S ______411/1/~/b , payable, in I l.fi. dollars by Buyer na (c) New Loan $ `3,1, 57.1...ti4. by Buyer obtaining a new loan. The loan shall be of the following type; (Check applicable boxes,) IZ Conventional AIa Fixed interest rate n/a LJ FHA n/a VA n/a El Other P a HAdjustable interest rate j1 /a Graduated payment 11 1 This loan will he secured by a (1 At, 2nd, etc.) lot deed of trust The loan may be i dd the cost of mortgage insurance, VA funding fee and other items for a total loan amount not in excess of $ which shall he amortized over a period of 30 years at approximately $ 686 .5? per month including principal end ini' -st not to exceed _ 8 q%p per annum. plus, if required by Buyer's lender, a monthly deposit of 1/12 of the estimated annual real estate taxes, property insurance premium, and mortgage insurance premium. If the loan is an adjustable interest rate or graduated payment loan, the monthly payments and interest rate initially shall not exceed the ti uses set forth above. Lunn disennnt points, if any, shall he paid to !civics at closing and shall not exceed % of the total loan amount. Notwithstanding the loan's interest rate, the first 11 loan discount points shait be paid by NIA , and the balance, if any, shall be paid by n/a _ Buyer shall timely pay a loan origination fee not to exceed 1 °'o of the loan amount and Buyer's loan costs. (d) Assumption S tl/8 by fiuyce$ assuming and agreeing to pay an existing loan in this approximate amount, prriently payable at S ni.A per mount principal, interest presently at n/ 4 % pet annum, and including escrow for the following as indicated: LZ_ O The printed portions of this form have been approved ey the Colorado Real Estate Commisalon, (COSI.7.96) CBS1•7.90. RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE Printed from RealFAiT Forms for Wodowc, Vo'sion 5.01(5,5), Cop,r it Ree1FA$T S,-,ftug'a CrrhIlr.hind inc., 1007 Rcglstrstion CCOCOL2226 iQ Prebared by -Alen Cramer. tiraker, PHIUttII Y1 Heal Estate vines Page 106 Bvyer(,Jtl0 �4 01/13/91 14:42:11 • , Sollor(s) 970629 01/13/1997 15:59 3034F 'eO578 r me -estate rases, n/a PRIORITY ONE prtsptltyInsurance preitittnn, mortgage insurance I. PAGE 03 Buyer agrees to pay a loan transfer tee not to exceed 5 - n/a , At the time of assumption, the new interest rate shall not exceed n/a % per annum and the new monthly payment shall not exceed $ A/t., principal and interest, plus escrow, if any. Seller Q shall ❑ shall not be released from liability on said loan, and if a VA -guaranteed Joan, Seller's eligibility ❑ shall O shall not be reinstated. It applicable, compliance with the requirements for release from liability or reinstatement of eligibility shall be evidenced by delivery at closing of appropriate letter of commitment from ❑ VA O lender. Cost payable for release of liability,tcinstatcntent of VA eligibility shall be paid by L(./a . __,_,,,,, in an amount not to exceed S____..0.1..a. . (e) Seller or Private Third -Party Financing. $ .. - Ilia by Buyer eeecuting a promtssory note payable to: n/a on the note form as indicated: (Check one box only,) ❑ (IICCC - No Default Rate) ivTDS2-3-95 p n/a ❑NTD 81.11.83 secured by a (1st, 2nd, etc ) _ N/A deed of trust encumbering the Property, using the form as indicated: (Check one box only.) Strict Due -on -Sale (TD 72-7.96) C] Creditworthy (TD 73.7-96) r] Assumable -Not due on sale (TD 74-7-96) 8 n/a The promissory note shall be amortized on the basis of A a yews, payable at $ - I]/Gt. per month including principal and interest at the rate of n/ % per annum. Payments shall conun.nce and shall be due on the n/A day of each succeeding month. If not sooner paid, the balance of pnncipal and accrued interest shall be due and payable n/a-- after closing. Payments O shall IE shall not be increased by 1/12 of estimated annual real estate taxes, and ❑ shall Ei shall not be increased by 1/12 of estimated annual property insurance premium. The loan shall also contain the following terms as indicated; if airy payment is nut received within r___1111 calendar days after its due date, a late charge of `__ . IV ee of such monthly payment shall be due. Interest on lender disbursements under the deed of trust shall be Ii/a ",'n per annum. Default interest rate shall be n/ne per annum. Buyer may prepay without a penalty except n/a 4- FINANCING CONDITIONS AND OBLIGATIONS, (a) Loan Applicatlon(s). If Buyer is to pay all or part of the purchase if an existing loan is not to be released at closing, Buyer, if required by calendar days from acceptance of this contract, Buyer shall cooperate with pursue same in good faith, execute all documents and furnish all information timely pay the costs of obtaining such loan or lender consent. (b) Loan Approval. If Buyer is to pay ail or part of the purchase price by ohtainin a new loan as specified in Section 3, this contract is conditional upon lender's approval of the new loan on or before Ji3leuary 31, 197 If not so approved by said date, this contract shall terminate. (c)FHA/VA Provisions. (1) FHA. it is expressly agreed that nomithstanding any other provisions of this contract, the Purchaser (Buyer) shall not 1w nhligntr•.d to complete the purchase of the Property described herein or to incur any penalty by forfeiture of earnest money deposits or otherwise unless the Purchaser (Buyer) has been given in accordance with IiUD/FITA or VA requirements a written statement by the Federal Housing Commissioner, Veterans Administration, or a Direct Endorsement lender setting forth the appraised value of the Property of not lees than $ lea • The Purchaser (Buyer) shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation, The appraised valuation is arrived at to determine the maximum mortgage the Department of }lousing and Urban Development will insure. IIUU does not warrant the value nor the condition of the Property. The Purchaser (liuyei) aluuld satisfy himself/herself that the price and condition of the Property are acceptable. (2) VA. if Buyer is to pay the purchase pric: by obtaining a new VA -guaranteed loan: It is agreed that, notwithstanding any other provisions of this contract, Buyer ahatl not incur any penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase of the Property described herein, if the contract purchase price or cost exceeds the reasonable value of the Property established by the Veterans Administration. IBuyer shall, 11otv'ever, have the prrnaleae and option Of pro':eeimg with the consummation ut this connect w•itlruut regard to the amount of the reasonable value established by the veterans Administration. (d) Existing loan Review. If an existing loan is not to be released at closing, Seller shall provide copies of the loan documents (including note, deed of trust, nrodifruations) to Buyer within _IV._IVA calendar days horn acceptance of this contract. This contact is conditional upon Buyer's review and approval of the provisions of such loan documents. Buyer consents to the provisions of such loan documents if no written objection is irceived by Seller from Buyer within Il/a calendar days from Buyer's receipt of such documents. If the lender's approval of a transfer of the Property is required, this contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan, except as set forth in Section 3. if lender's approval is not obtained on or before LI /a . , this contract shall be terminated on such date. If Seller is to he released from liability tinder such existing loan or if Seller's VA eligibility is to be reinstated and Buyer does not obtain such compliance as set forth in Section 3, this contract may be terminated at Seller's option. (e) Assumption Balance. It Hoye' ra to pay all ui part of the purchase price by assuming an existing loan and if the actual principal balance of the existing loan at the duce of closing is less than the amount in Section 3 and the amount of cash required from Buyer at closing is increased by more than S n/ a , then Buyer may terminate this contract effective upon receipt by Seller of Buyer's written notice of termination. (t) Credit Information. If Buyer is to pay all or part of the purchase price by exccitinz ft prnmissnty nom in favor of Scllcr or if an existing loan is not to be released at closing, this contract is conditional upon Seller's spprc'val of Buyer's financial Ability and creditworthiness, which approval shall be at Sellers sole and absolute discretion. In such case: (1) Buyer shall supply to Seller on or before D/A at Buyer's expense, information and documents concerning Buyer's financial, employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financial ability and creditworthiness; (1) any such information and documents received by Seller shall be held by Seller in confidence, and not released to others except to protect Seller's interest in this transaction; (4) if Seller does not provide written notice of Seller's disapproval to Boyer on nr hofnrr. 1) / a _ , then Seller waives this condition. If Seller does provide written notice of disapproval to Buyer on or before said date, this contract shall terminate. 5, APPRAISAL PROVISION.This Section 5 shall not apply if the Buyer is to obtain a new PHA or VA loan. (Check one box only.) This Section 5 ® shall ❑ shall not apply. If this Section 5 rirplicri, na inrlientcti nhrrvn, Ruynr shall hew:, the sole option and election to terminate this Contract if the purchase price exceeds the Property's valuation determined by an appraiser engaged by al,IY,Cr 1j lends The contract shall terminate by the Buyer causing the Seller to receive written notice of termination and a copy of such appraisal or written notice front lender which confirms the Property's valuation is less than the purchase price, on or before r33u�ry -'11. 1997 - (Appraisal Deadline). If Seller does not receive such written notice of termination on or before the appraisal deadline, Buyer waives any right to terminate under this section. price as set forth in Section 3 by obtaining a new loan or such lender, shall make written application within 5 Seller and lender to obtain loan approval, diligently and timely and documents required by the lender, and, subject to Section 3, 6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the data of this contract shall be timely paid by Buyer The printed portions of this form have bean approved by the Coslotedo Real Estate Commission. (0651.7.98) O ` � CaA1 E a1.t.9e. RE$IDENTiAL CONTRACT TO BUY AND SELL REAL EST Ptinleial from fionIFAST Forms tor Wlneowe, Verlon Ocpyrynt ReHifAgT 50firrtli" PuelIen'nt Inc , leer tt9 istlatiol CCOGOL222599 Prept'red - ,5Jan Cramer, Broker, PRIORITY I ReetEstete Page 2 of Buvertal :� 1�.� s l \r, L..3 01/13/97 14:42:11 Setler{sl 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this convect shall inure to the benefit of and be binding upon the heirs, personal rem estmetives, succeseors and assigns of the putties, 8. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, either a current commitment for owner's title insurance policy in an amount equal to the purchase price or at Seller's choice, an abstract of title certified ton current date, on or before January 20 - 1997 (Title Deadline), If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown or record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this Section 8, constitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than insurance commiunent Seller will pay the premium at closing and l insurance potendar days de after Title Buyer as sour, If Seller cb furnishes a title have the title insurance policy delivered to as soon as practicable after rinsing. 9. TITLE. (a) Title Revlew.Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Buyer and given to Seller on or belbre 7 calendar days after Title Deadline, or within five. (5) calendar days after receipt by Buyer of any Title Documentts) or ondorsomcnt(s) adding new bacephtm(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 8, tote copies of all lease(s) and survey(s) in Seller's possession pennining to the Property and shall disciuse to Buyer all eaacmenrs, liens or other title matters not shown by the public records of which Seller hoe actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s) has any right in the Property net shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seiler on or before JJanualey 20. 1997 If Seller dots not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge, (c) Speclal Taxing Districts. SPECIAL TAXING HistlMC7$ HAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE: TAX BURDENS TO SUPPORT TILE SERVICING OF SUCH DEBT WHERE rTRCUMSTANCES ARISE RESULTING IN THE LNABILITY OF SUCH A DISTRICT TO DIScJtAR, E SUCH INDEBTEDNESS wrTHOUT SUCH AN INCREASE IN MILL LEVIES, BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORr2En GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SIAM I.NiJEIr It:pNE5S, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection 9 (b), this contract shall then terminate. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate (d) Right to Cute. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing, If Seller faits to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on nr before elnsing, waive objection to said unsatisfactory title condition(s). 10. INSPECTION, Seller agrees to provide Buyer on or before JTsnuaz' ..1.5.,V_•;997 , with a Seller's Property Disclosure fonn completed by Seller to the best of Seller's current actual knowledge. Buyer or any designee, shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Buyer's expense. If written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by .Seller on or before January 17 , 1_99? (Objection raDeadline), the, physical buythe Property vand hlcluainns shall he deemed to he anNsAmrnry to Buyer If such notice is received by Seller as set forth above, and if buyer and Seller have not agreed, in writing, to a settlement thereof on or before :Munn' 2Q 1 99Z terminate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller (Resolution written dnotice fre), om o Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a rescontract ult of such inspection. 11. DATE OF CLOSING. The date of closing shall be Februsary 2rf�199? earlier date, The hour and place of closing shall be designated by or by mutual agreement at an Title Company 12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient g #.-s arranty deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and except none. Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Documents accepted by Buyer m accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b), (iv) inclusion of the Property within any special taxing district, and (v) subject to building and toning regulations. 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to he paid shall he paid at or before closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS, DOCUMENTS AND SERVICES, Buyer and Seller shall pay in Good Funds, their res rectve closing d other items required to he paid at closing, except as otherwise provided herein, Buyer and Seller shall sign and complete all customary,ni re aired documents at or before closing. Fees for real estate closing services shell not exceed S 100 , 00 and shall be paid at closing by Buyer The local transfer tax of . 0007 es of the purchase price shall be paid at closing by Es}V r Any sales and use tax that may accrue because of this transaction shall be paid when due by 11 / a 15. PRORATIONS. General taxes for the year of closing, based on the taxes for the calendar year imtnediatel r and sewer charges, owner's association dues, and interest on continuing loan(s), if any, and Y P cccdang closing, rents, water any similar fee shall be prorated to date of closing. FHA or private mortgage insurance premium Q shall ® shall not be apportioned to date of closing. Any such amount shall be apportioned as follows: n/a 16, POSSESSION. Possession of the Property shall be delivered to Buyer as follows: The printed portions of this fonn have been approved by the Colorado Real Estate Commission, (CBS1.1.96) CBS1.7.99, RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE Printed from ResIFA5JT Forms for Windows. Version 1.01(7,7), Copyright neairA$T 5onware punishing inc., 199I Registration CCOCUL2R599 Prepared by - Alan Crgmer, Broker, PRIORITY! Real Estate Buyer(s) Jury' 01/13/07 14 42.11 Seller(s) 970629 ago 3 of March 31, 1997 subject to the following IresC(i:) or tenanc)•(s): Buyer shall allow Seller to rent back property until March 31, 1997 or earlier as agreed between parties, Rent shall be $1,500 per month. Seller shall pay for all utilities until Buyer takes full possession. If Seller, after closing, fails to deliver possession on the date herein sperifinti, Seller shall be subject to eviction and shall he additionally liable to Buyer for payment of $ 100 . 00 per day from the date of agreed possession until possession is delivered. Buyer S does 0 does not represent that Buyer tllll occupy the Property as Buyer's principal residence. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire nr other casualty prior to time ul clueing. in an amount of not more than tee percent of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such dame.ge is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and inclusions, not exceeding, however, the total purchase prier. Should any inclusions) or services) fail or be damaged bereft': the date of this contract and the date of closing nr the date of pnaecesinn, whichever shall be earlier, then Seller shall he liable for the repair or replacement of such Inclusion(s) or scn'ice(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. 18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other_ payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following ream pee (a) IF BUYER IS IN DEFAULT: (Check one box only.) (1) Specife Performance. Seller may elect to treat this contract as cancelled. in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller. and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full force, and effect and Seller shall have the right to spreiIiic performance or damages', nr hnrh. ® (2) Liquidated Damages. All payments and things of valet: received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released front all obligations hereunder, it is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection (c)) am SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (h) iF SIL1.FR IS IN DEFAULT: Buyer may elect to treat this currtrate as cancelled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper. or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both, (c) COSTS AND EXPENSES. Anything to the contrary hereiri notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy re .arding the earnest money and things of value held by broker or closing agent, unless mutual written instructions arc received by the holder of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's or closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney ken. 20. AI.TERNATIVF, DISPUTE RESOLUTION: MEDIATION. if d adispute arises relating to this contract, and is not resolved, the parties and brokei(s) involved in such dispute (Disputants) shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar days front the date written notice requesting mediation is sent by sine Disputant to the other(s), the mediation, unless otherwise agreed, shall terminate. This section shall not alter any date in this contract, unless otherwise agreed. 21. ADDITIONAL PROVISIONS: (The iatiguage of:hes_ ecIditional pr~!v siun; has not been approved by the Colorado Real Estate Commission). 21a) Seller agrees to have septic pumped and inspected prior to closing. 21b) Buyer and seller agree to accept Facsimile Copies as legal and binding until original copies can be obtained. 21c) This contract is contingent upon Buyers also obtaining a bridge loan on their existing property for down payment on or before February 14, 1998. 21d) Broker is providing contract and review services for Buyer for a $500.00 fee. 21e) Buyer will allow Seller Lo ledve biz•diflight pant on tho property for up to two(2) years from date of closing without charge and Buyer may use pens. Buyer shall not he liable for normal wear and tear or repairs. 2lf) Seller shall permit Buyer to store/22' x 64' mobile home to be placed on property On or after January 27t -h, 1997. Mnhilr, Troy be leveled and tied down but shall not be occupied or connected to utilites until: after closing. 22. RECOMMENDATION OF LEGAL COUNSEL. Ely signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 23. TERMINATION, in the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shill be relieved of all obligations hereunder, subject to Section 19, 24. SELLING COMPANY BROKER RELATIONSHIP. The printed portions of this form have been approved by the Colorad' Real Estate Cumminalon. (COS1.7.9f) CBS1.7-tit. RS$IDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE Periled from ReelFP,$T Forma for Windows. Verelon 5.01(5,5), ceoy+ltltt RealFA$T Software F'ubltshiay Irae, 1997 hieyislration CCOCOL2225I19 Prepared by - Alen Cramer, Broker, PRtORrTY1 Real Estate Buyer(*) ;t'I 1t . l Lk) ,- 01/13/07 1442:11 970629 Sellers) Pas' 4 of o 01/U8/1397 14:44 3OO34848r-R PRIORITY ONE FALSE 08 and its salespersons have been engaged as Buyer's Agent Selling Company has previously disclosed in writing to the Buyer that different relationships are available which include buyer agency, seller agency, subagency, or transaction -broker. 25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer, or, if this box is checked O when received by Selling Company. 26, NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company. 27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been meiged and integrated into this contract. 29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before January 1 3 . 1997 (Acceptance Deadline). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party Ines executed a copy thereof, such topics taken together shall be deemed to be a full and complete contract between the parties. � BUYER L/ % (e..2 c — L �.... el - 12 jl. Martha Ann' 1735 Oak Avenue, Boulder, CO 80304 Home #: (303)449-0204 BUYER-----•---•... i..t/\AJ3; Jerry W. Bartling 1735 Oak Avenue, Boulder, CO 80304 Home #: (303)449-0204 La rJ r,tiLA„.. DATE /— 1 /_ DATE i >7 BUYER er7 7 'Y DATE 1— /2 -97 ChrD, a 1735 0 venue, Boulder, CO 80304 Home #: (303)444-7872 SELLER /cf"7 ijx%' 1a Louis C. Smith III 4510 WCR 5, Erie, CO 80516 Home #: (303)828-3002 SELLER y.Q? Pamela B. Smith 4510 WCR 5, Erie, CO 8051.6_ Home #: (303)828-3002 DATE / /2 — 2 7 DATE I — /2 -97 The undersigned Broker(s) acknowledges receipt of the earnest money deposit specified in section 3, and Selling Company confirms its Broker Relationship as set forth in Section 24. The printed portIona of this form haws bean approved by the Colorado Real Estate C0mmIN10n. (C9S1.7-ae) CBS1JA9. RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE Printed from RealFA$T Forms for Windows, Version 5.01(5,5), Copyright ReatFAST Software Publishing Inc., 1997 Registration CCOCOL222599 Prepared by - Alan Cramer, Broker. PRIORITYI Reel Estate Page 5 of e 01/08197 14:20:07 970629 r 01/08;199 14:44 3034846E"3 PRIORITY UNE P4GE U/ Selling Company PRTORITYI Real Estate 1318 S. College Ave Ft. Collins, CO 80524 Phone: (970) 484-5508, By: Fax; (970) 484-6678 Signature Alan Cramer ListingCompany Prioirty One Real Estate Addlcss 2118 S College Ave. Ft. Collins, CO 80524 Phone (970) 484-5508 Fax (970)484-6678 By Signature Date Date Note: Closing instructions should be signed at the time this contract is signed. The printed portions of Oils form have b..n approved by the Colorado Real Estate Commission. (CB81-7-98) 0851.746. RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE Pnntod from RoaIFAiT Forms for Windows. Version 6.01(6,6), Copyright ReelrAMT Solbrorn Publishing Inc.. 1887 Registration GCOOOL211599 Prepared by - Alan Cramer, Broker. PRIORITYI Real Estate Buyer (S) 01/013/97 14.20.07 Seller(s) 970629 Page 6 of 8 Hello