HomeMy WebLinkAbout961937.tiff RESOLUTION
RE: GRANT MOBILE HOME PERMIT #2039 - KESTER
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 30th
day of October, 1996, considered the request of A. Susie Kester, P.O. Box 63, New Raymer,
Colorado 80514, for a mobile home to be used as a principal dwelling, and
WHEREAS, said mobile home is to be occupied in an A (Agricultural) Zone District on a
parcel of land being more particularly described as follows:
W1/2 of Section 9, Township 7 North, Range 57
West of the 6th P.M., Weld County, Colorado
WHEREAS, the Board of County Commissioners, having heard the testimony, finds that
said request should be granted subject to the following conditions:
1. The applicant shall apply for a building permit for the mobile home prior to
locating the mobile home on the property.
2. Prior to the occupancy of the mobile home, the mobile home shall be connected
to an approved septic system and a legal water supply.
3. The mobile home shall not be occupied until such time that the applicant has
complied with the above mentioned conditions.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the request of A. Susie Kester for permission to place a mobile
home to be used as a principal dwelling on the above described parcel of land, which was found
to be in compliance with Section 43 of the Weld County Zoning Ordinance, be, and hereby is,
granted subject to the hereinabove listed conditions.
961937
PL1028
PLi KP_SJPr
ZPMH #2039 - KESTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of October, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WD COUNTY, COLORADO
4 EL • r) ////� ��� L
I Barbara J. Kirkmeyer
1861 (i6 ty c ty Clerk to the Board Yrair
�
� .� ` orge . Baxter, P o-Temi
UO'teputy Cler' to the Board C.
Dale K. Hall
APP AS TO FORM.
on tance I Hba
e ouAtty
W. H. Webster
961937
PL1028
LAND USE APPLICATION
SUMMARY SHEET
CASE NUMBER: ZPMH-2039 HEARING DATE: October 30, 1996
APPLICANT: Susie Kester
ADDRESS: P.O. Box 63
Raymer, Co. 80514
REQUEST: Zoning Permit fora Mobile Home to be used as a Principle Dwelling Unit In the A
(Agricultural)Zone District.
LEGAL DESCRIPTION: W2 of Section 9, T7N, R57W of the 6th P.M., Weld County, Colorado.
LOCATION: North of and adjacent to Weld County Road 82, west of Weld County Road 139
SIZE OF PARCEL: Approximately 320 acres, more or less.
SEWER: Septic system permit# SP-9600438
WATER: Individual Well permit# 195142
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 43.2.6 of the Weld County Zoning
Ordinance.
The Department of Planning Services' staff has received responses from the following agencies:
1. Weld County Public Works Department
2. Weld County Health Department
The Department of Planning Services' staff has not received responses from the following
agencies:
1. Town of Raymer
STAFF RECOMMENDATION:
The Department of Planning Services is recommending that this request for a zoning permit for a
mobile home to be used as a principle dwelling unit be approved with the conditions of approval
enclosed. The applicant was unable to obtain 70 percent of the surrounding property owner
signatures. Staff believes that the applicant has met the intent of Section 43.2.6 of the Weld County
Zoning Ordinance.
961937
CONDITIONS OF APPROVAL
Susie Kester, ZPMH-2039
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Department of Planning Service's 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 mobile home shall not be occupied until such time that the applicant has complied with
Conditions 1 and 2 stated above.
961937
Field Check inspection date: October 24, 1996
Case Number ZPMH-2039
Applicant Susie Kester
Request Zoning Permit for a principle dwelling
Legal Description W2 Section 9, T7N, R57W
Parcel Number 0725 09 000003
Location North of& adj. to WCR 82, west of WCR 139
t[a i = I�..n,�;�n iii uiii:= �d:::a :i¢ �� � .5 iy r=n�„��lt i IjI ri
i.ionc dtx:�a�Iu=a:iG�„} I •�uqi fl,a,•n:�4l==il=ii 1r�1 ....n„ v .. {:=ad =,e1 `'' o�_ i:i ... ixi= - i
N A (Agricultural) N agricultural production
E A (Agricultural) E pasture land
S A(Agricultural) S WCR 82, agricultural production
W A (Agricultural) W agricultural production
Unsafe Conditions: There are no apparent unsafe conditions on the site
Comments:
The access to the site is existing from WCR 82 (unpaved). The mobile home currently
is on the site. There are corrals, a water tank and a holding tank on site. The site is
utilized for grazing sheep and for agricultural production.
Kern D. Keithley + anner
961937
WELD CCoNTY DEPARTMENT OF PLANNING SERVK.CS
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 boxes where applicable
APPLICANT A Sucte tez-stet PHONE �p-3 0g2_O't(
ADDRESS/CITY/STATE/ZIP CODE P. o, 1 O4 (0 3 WAIL)t -'ov ee Ce) Ud?Li z-
OWNER cilinC
ADDRESS/CITY/STATE/ZIP CODE 5A. nLr
CITY-STATE-ZIP c2
LEGAL DESCRIPTION - (A.) V7.- Section , T .7-7 N, R 7 W. Total Acreage 2-0
Check type of apolication
Application Fee$230.00
o Temporary Use During Construction of a Residence
o Temporary Storage
o Accessory Dwelling
Application Fee $230.00
o Use Beyond 18 months During Construction of a Residence
o Extension Beyond 6 months for Temporary Storage
o More than one MH as Accessory to Farm
o More than one MH as Accessory Use as an Office
o More than one MH as Accessory Use in C (Commercial) or I (Industrial) Z # c(2PntY Planning Dept.
o Temporary Use during Medical Hardship
o More than One Accessory Structure SEP 2 7 196
Principal Dwelling RECEIVED
/E
TYPE OF SEWAGE DISPOSAL TYPE OF WATER SUPPLY G G
o Public or private company o Public or private company:
o Septic Tank- Permit# frnier Foe 6-hhdividual (well, cistern) Permit#
Copy attached: Yes o No o Copy attached: Yes o No o
ACCESS: Oxisting o Proposed
DEPARTMENT OF PLANNING SERVICES USE ONLY Application Fee Paid cal")") "" Receipt# L-Tc303 9 Date: (si?cc
Zoning District Zoning Permit# Chaindexed:
Flood Plain: o Yes o No Geologic Hazard: o Yes o No
Approved by: o Staff o Board of County Commissioners - Hearing Date:
ISSUED BY: Date
MOBILE HOME BUILDING PERMIT# Date Issued:
961937
What housing is available on the property and what is its present use? NO/0
How many mobile homes are on the property at the present time? IA f/,prri /l1ONr
TEMPORARY USE DURING CONSTRUCTION OF A RESIDENCE
Building Permit Number Date Issued
Zoning Permit Valid for 6 months from date of issue.
Zoning Permit Issued Valid from to
RENEWALS:
First - From to Fee: Reviewed and Approved
Second - From to Fee: Reviewed and Approved
2
Applicant's signal a Date
BUILDING PERMITS ARE REQUIRED FOR ALL MOBILE HOMES IN ADDITION TO THE ZONING PERMIT
FOR MOBILE HOMES. THE BUILDING PERMIT MAY BE OBTAINED FROM THE BUILDING INSPECTION
DEPARTMENT, WELD COUNTY ADMINISTRATIVE OFFICES, 1400 N.17TH AVENUE, GREELEY,
COLORADO 80631, PHONE 353-6100, EXT. 3525, AFTER APPROVAL OF THE ZONING PERMIT.
Revised: 4-2-95
961937
0,.y 1.&547
Warranty 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 cntity(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 shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any
protective covenants and restrictions shown of record(6)any additional matters shown below under"Additional Warranty Exceptions",
and (7)subject to building and zoning regulations.
The Specific Terms of This Deed Are:
Grantor: (Give name(s)and place(s)of residence;if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as
husband and wife.)
MARCIA ELWOOD AND A. SUSIE KESTER
Grantee: (Give name(s)and address(es);statement of address,including available road or street number.)
A. SUSIE KESTER
21 BOONE STREET, NEW RAYMER, CO. 80742
Form of Co-Ownership: (If there arc two or more grantees named,they will be considered to take as tenants in common unless the words"in joint
tenancy'or words of the same meaning are added in the space below.)
Property Description (Include county and state.)
THE Wl/2 OF SECTION 9, TOWNSHIP 7 NORTH,RANGE 57 WEST OF THE 6TH P.M., WELD COUNTY,
COLORADO.
Property Address: COLORADO
Consideration: (The statement of a dollar amount u optional,adequate consideration for this deed will be presumed unless this conveyance is identified
as a gift In any case this conveyance is absolute,final and unconditional.)
•
CONVENIENCE DEED NO DOC FEE
Reservations-Restrictions: (If the GRANTOR intends to[nerve any interest In the properly or to convey less than is owned,or If the GRANTOR is
remitting the GRANTEE'S right in the property,make appropriate indication,)
2418847 8-1471 P-359 12/13/94 12:04P PG 1 OF 1 REC DOC
Weld County CO Clerk & Recorder 5.00
Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not coveted above.)
Executed by the Grantor on DECEMBER 12, 1994
Signature for Corporation,Partnership or Association: Signature for Innnddlvivid�ml�(s.)�.�.p
emn
Name of Grantor: Corporation,Par nership or Association MARCIA
lf.--_. tor
By
•
///� /J/,Q ��,, Grant
By lit L.eE 7K-ate
A,SUSIE ICESTER ✓ Grantor
Attest:
STATE OF COLORADO ) ss.
COUNTY OF WELD
T¢elfiregging instrument was acknowledged before me this 12th day of DECEMBER, 1994
B) .IrFARt8IA'ELWOOD AND A.SUSIE KESTER
���r�f;
WrRWSS m Sand d ofcial seal.
• • MY�tl e>< res; OCTOBER 20, 1997 Notary Public
SSrAATTE-OP. .3'. ) 1221 8TH AVE., GREELEY, CO.
T`T'hOOe br€ing instrument was acknowledged before me this day of
BY' `
(*name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary
or assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of association.)
WITNESS my hand and official seal.
My commission expires: Notary Public
0 1981 UPDATE LEGAL FORMS WCTC No. 201-L
961937
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 SLLS,E I�'zirtl2- Phone 4, -7-C-7742
Address Fe &0X toff City4UL-14.W / itYm<itState Coco Zip `60787
2. Address or location of access
Section Township Range
Subdivision Block Lot
Weld County Road# f?,Z Side of Road E or W
Distance from & number of intersecting 3. Is there an existing access to the property? Yes (// No Z #of accesses
4. Site Sketch: I [
A
2
—14
tea_
J ,
U �'J
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:
7 961937
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**********.*****************************************************************
WELD COUNTY HEALTH DEPARTMENT (970) 353-0635 RECEIPT
***************************************************************************
Receipt Number: 96001895 Amount : 115 . 00 09/18/1996 10 :42
Payment Method: CHECK Notation: CHECK # 4765 Init : HKLOUCEK
Owner Name : KESTER SUSIE
Applicant Name : KESTER SUSIE
Permit No: SP-9600438
Parcel No : 0473 09
Site Address:
Location: 68279 WCR 82 NEW RAYMER 09-07-57
Total Fees : 265 . 00
This Payment 115 . 00 Total ALL Pmts : 265 . 00
Balance : . 00
***************************************************************************
Account Code Description Amount
256041400-4221-400 Site Evaluation 115 . 00
Description: MOBILE HOME
Commercial (Y/N) : N Residential (Y/N) : Y Acres : 320 . 00
Number of Persons : 1 Basement Plumbing (Y/N) : N
Number of Bedrooms : 2 Bathrooms-> Full : 1 3/4 : 1/2 :
Water Public (Y/N) : Utility Name :
Water Private (Y/N) : Y Cistern (Y/N) : Well (Y/N) : Y
Water Permit No:
NOTICE
Applicant acknowledges receipt of the individual sewage disposal system guide and that the completeness of this application is
conditional upon further mandatory and additional tests and reports as may be required by the weld County Health Department to be
made and furnished by the applicant or by the Weld County Health Department for purposes of the evaluation of the application; and
the issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and
regulations adopted under article 10, title 25, CRS as amended. The applicant certifies that the proposed system will not be
located within 400 feet of a community sewage system. The undersigned hereby certifies that all statements made, information
and reports submitted herewith and required to be submitted by the applicant are, or will be, represented to be true and correct
to the best of my knowledge and belief, and are designed to be relied on by the Weld County Health Department in evaluating the
same for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may
result in the denial of the application or revocation of any permit granted based upon said application and in legal action for
perjury as provided by law.
owr z/APPLICANT ' Date 961a 7
•
Form No. OFFICE OF THE STATE ENGINEER
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver,Colorado 80203
(303) 888.3581
1307
WELL PEPRMffNUMBERJjqg _
PP I AN7
DIV. 1 CNTY. 62 WO 64 DES. BASIN
MD
Lot: Block: Filing; aubdie;
APPROVED WELL LOCATION
A SUSIE KESTER WELD COUNTY
68279 WCR R2 NW 1/4 NW 1/4 Section g
NEW RAYMER CO 60742- Twp 7 N RANGE 57 W
6th P.M.
(970)437.5726 (STANCES FROM SE TIO I E
600
from North Section Line
60 Ft. from
West Section Line
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDI71O S OF PROV
1) This well shall be used In such a way as to cause no material Injury to existing water rights. The Issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37.92-602(3)(b)(Il)(A) as the only well on a tract of land of 40 acres described as the
NW Y., NW Y., Sec. 9, Twp. 7 N., Rng. 57 W., 6th P.M., Weld County.
4) The use of ground water from this well is limited to fire protection, ordinary household u
rigation of not more than one acre of home gardens and
domestic animals, purposes Inside up to 3
single family dwellings, the er
lawns, and the watering of
5) The maximum pumping rate shall not exceed 16 GPM.
6) The return flow from the use of the well must be through an individual waste water disposal system of the
non-evaporative type where the water is returned to the same stream system in which the well is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
27717. .5-Z./-4
PUMP INSTALLER'S
copy
2,etreAPPROVED /( 222gi �
ay
MAM y4� 4--
Receipt No. 0400097sta 1eEnaln.or
DATE ISSUED MAY 2 1 1996 EXPIRATION DATE M.AY_ 2 1 1993
961937
Form No. OFFICE OF THE STATE ENGINEER
Gws-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St,Driver, Coloradt 80203
(303) 888-3581
1307
WELL PERMIT NUMBER 195142 - -_
APPUCANT DIV. 1 CNTY. 62 WD 64 DES. BASIN MD
Lot: Block: Filing: Subdiv:
APPROVED WELL LOCATION
WELD COUNTY
A SUSIE KESTER NW 1/4 NW 1/4 Section 9
68279 WCR 82 Twp 7 N RANGE 57 W Eth, P.M.
NEW RAWER CO 80742-
DISTANCES FROM SECTION LINES
(970)437-572o 600 Ft. from North Section Line
PERMIT TO CONSTRUCT A WELL 60 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONom9NS OF APPROVAJ,
1) This well shall be used In such a way as to cause no material injury to existing water rights. The Issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief in a civil court action.
2) The construction of this well shall be In compliance with the Water Well Construction Rules 2 CCR 402-2, unless
approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump
Installation Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37.92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the
NW v., NW Y., Sec. 9, Twp. 7 N., Rng. 57 W., 6th P.M., Weld County.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes Inside up to 3
single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of
domestic animals.
6) The maximum pumping rate shall not exceed 15 GPM.
6) The return flow from the use of the well must be through an individual waste water disposal system of the
non-evaporative type where the water Is returned to the same stream system in which the well Is located.
7) This well shall be constructed not more than 200 feet from the location specified on this permit.
PUmp INSTALLER'S
copy
•
APPROVED
MAMitC L ' 227,/ r G( . /7.7
Stele Engineer
By
Receipt No. 0400097 DATE ISSUED MAY 2 1 1996 EXPIRATION DATE a'1AY 2 tc2 a►r
1 FORM
GW5 WELL CONSTRUCTION AND TEST REPORT
1W94 ST4TF OF COLORADO. OFFICE OF THE STATE ENGINEER ror a`rob Use only
1. WELL PERMIT NUMBER ___La SID.
I D.
2. OWNER NAME(S) dQ, Sr,ti P, I�r_s�-r�
Mailing Address bg2 ? 14)1, q KZ
City, St. Zip J(Ie,i, )
Phone ( '/76) '/37. 57 I:
3. WELL LOCATION AS DRILLED: _1/4 _MA) 1/4, Sec. q Twp, 7 , Ranged_
DISTANCES FROM SEC. 41NES: �_,
InrS ft. from dA/ Sec. line. and / 3 ft. from �� )
nw, + r aoumf' (� tb'd£,orwasq Sec. Tine. OR
SUBDIVISION: LOT BLOCK FILING(UNIT)
)
STREET ADDRESS AT WELL LOCATION: (a,$z7c( (o Cg, 8
4. GROUND SURFACE ELEVATION ft. DRILLING METHOD
mc•a1 rotorvy
DATE COMPLETED __7- J o{- 96 . TOTAL DEPTH g ft. DEPTH COMPLETED �(� _fr
5. GEOLOGIC LOG: 6. HOLE DIAMN()n.) From (ft) To ft
Depth Description of Material l (Type,Size, Color, Water Location) 3* a p�
I Firth li l�e4f. G Ltt� A
I• - f.b,// r r . 'P t1t l L1/JtL C,C'� rte$ .
f
pt, 7. PLAIN CASING
/S' 14 re-rl rL / OD (in) Kind Wall ize From(ft To ft' 1ei <t . tner� f 1 Y ) O
sse -r-
I mays'
v-0U�q 4dnr1s4-em, Sr14 Put 20.
W( - lee - Havel re A y - 0 00 QQ'
$q'- U1'• ./?-,- ., ./ hyoLJb) cted:Mopa,
yl'- S5'- Yells r/r� y...j = 1 - f i� PERF. CASING: Screen Slot Size: - C11(�
SS - S • JffAred j.rn1a.i. ,m.ar s+a e• SX Pint AP-orb (la ia' KO'
S7'- 7!)` r,
70 . 71 ' tip
/ 8. FILTER PACK: 9. PACKER PLACEMENT:
-
Material'��Jae, Cir(ivei Type )IIAA/i
Size Size /4 ' U
Interval _20'_ Qom_ Depth
10. GROUTING RECORD:
Material Amount Density Interval Placement
REMARKS: kj Sy- c Otv, y,({ 711 4 to 1• Aye, - l U , 3/2sx, 1 __ rf s' on - 1
4�-Qq w, s yre ;thy)P, c ' — T
S,hL/j r;v,Cite.r y„ CIy L , vtr/ L CArr Oh 411;s_.wen wl-j, 1ir`t.iZ 6LPr.Ci VntSA
11. DISINFECTION: Type tet,irJ 6,lhh-L Amt. Used 3 rr. c - s+i+r fi,rr_w(41 Loiter
12. WELL TEST DATA: ❑ Check box if Test Data is submitted on Form No. GWb39 Supplemental Well Test.
TESTING METHOD to d r✓Akinp
Static Level ft. bate/lime measured f-JO /1 M,- 7-11-46 , Production Rate w gpm.
Pumping level ft. Date/Time measured I:48 P.ML 7• I(-q6 , Test length (hrs.) 4
Remarks I. St• fiat s4'
13. I have read the statement/made Cerein and know the contents thereof,and that they are true to my knowledge. [Pursuant to Section 244-104 (13)(a)
c.es.,the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.)
CONTRACTOR A)ct,LC 1314;hr Phone (474 ) 477- 53'/5 Lic. No. 1307 .
Mailino Address \I
Name/Title (Please/ type or print) Signature g¢ // Mai Date
1i07 A/r i l . - (T ix/ ,r X8. & l rn/.I) 7- 2S 9
. 961937
DEPARTMENT OF PLANNING SERVICES
WI I D Co PHONE (970)353-6100,EXT.3540
FAX (970)352-6312
WELD COUNT�RADMINISTRATIVE
1400 N. 17 H
1400 N. 17TH AVENUE
0631
COLORADO
Case Number: ZPMH-2039
TO WHOM IT MAY CONCERN:
Enclosed is an application from for a Zoning Permit for a Mobile Home to be used as a Principal Dwelling Unit. The
parcel (072509000003) of land is described as the W2 of Section 9, T7N, R57W of the 6th P.M. Weld County,
Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld
County Road 82;west of Weld County Road 139. 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 October 18, 1996, 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 D.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 find that it
does/does not comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan,but we feel this request is/is not compatible with the interests of
our town for the following reasons:
3. We have reviewed the request and find no conflicts with our interests.
4. A formal recommendation is under consideration and will be submitted to you prior to
5. Please refer to the enclosed letter.
Signed: Agency
Date:
961937
REFERRAL LIST
NAME: Susie Kester CASE NUMBER: ZPMH-2039
REFERRALS SENT: September 27, 1996 REFERRALS TO BE RECEIVED BY: October 18, 1996
COUNTY TOWNS and CITIES
Attorney Ault
_X Health Department Brighton
_Extension Service Broomfield
Emergency Management Office Dacono
_Sheriffs Office Eaton
_X Public Works Erie
_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
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
X Raymer F-2 FEDERAL GOVERNMENT AGENCIES
Southeast Weld F-16 US Army Corps of Engineers
Windsor/Severance F-17 USDA-APHIS Veterinary Service
Wiggins F-18 _Federal Aviation Administration
Western Hills F-20 Federal Communication Commission
OTHER SOIL CONSERVATION DISTRICTS
Central Cob. Water Conservancy Dist. Brighton
Panhandle Eastern Pipe Line Co. Fort Collins
Greeley
_Longmont
COMMISSION/BOARD MEMBER
961937
r-•,,, , er• r1 11995
(„,,,eeto
. •t1 Dept DEPARTMENT OF PLANNING, �dC11Yt� � � SERVICES
1
PHONE (970)353-6100,EXT.3540
FAX (970)352-6312
OCT 1 6 1996 WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO it D
i. "� GREELEY,COLORADO 80631 n ca, Case Number: ZPMH-2039
TO WHOM IT MAY CONCERN:
Enclosed is an application from for a Zoning Permit for a Mobile Home to be used as a Principal Dwelling Unit.The
parcel (072509000003) of land is described as the W2 of Section 9, T7N, R57W of the 6th P.M. Weld County,
Colorado. The location of the parcel of land for which this application has been submitted is north and adjacent to Weld
County Road 82;west of Weld County Road 139. 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 October 18, 1996, 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 D. 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 find that it
does/does not comply with our Comprehensive Plan for the following reasons.
2. We do not have a Comprehensive Plan,but we feel this request is/is not compatible with the interests of
our town for the following reasons:
3. 4' We have reviewed the request and find no conflicts with our interests.
4. A formal recommendation is under consideration and will be submitted to you prior to
5. Please refer totthee�enclosed
letter. I , �, p\
Signed: �Uwo-h_ ""'r rute PLL Agency
Date: J o — 4_ 9(
96193'
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/'1. Applicant lame ci.tSlC I� Zir it Phone y t-7 C72 Co
Address Po gOK In City , W < Wi 4 -te &2 LU Zip 00747
2. Address or location of access
Section Township Range
Subdivision Block Lot
Weld County Road# R-2_ Side of Road (R\S E or W
Distance from & number of intersecting
3. Is there an existing access to the property? Yes (V" No Z #of accesses
4. Site Sketch: pJ
i _
II
J '
( \cal q 1t
,r; `
v
q
J
5. Proposed use:
/Permanent _ Residential/Agricultural _ Industrial
Temporary _ Commercial _ Subdivision _ Other
OFFICE USE ONLY
Road 8Z ADT 4' Date Accidents 4 Date
Road 13 5 ADT t Date Accidents 15 Date
Drainage Requirement: Culvert Size Length
Other Comments:
Installation authorized — Information Insufficient
Special Conditions
U'yE EYI',r,,.,JG Acc_E6S . WO (JEcJ F-GCE-65E5 GR.AUTED.
Reviewed by: Title:
7 961937
v.) 1
e
QI
961937
L. :.
rest
W&-E rn4" Phnnlnn DrepgEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
(JL 16 0 lyyp WELD COUNTY ADMINISTRATIVE OFFICES
ip C. 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO *eadal `w
October 24, 1996
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: ZPMH-2039
There will be a Public Hearing before the Weld County Planning Commission on Wednesday, October 30,
1996, at 9:00 a.m., in the County Commissioners' Hearing Room, First Floor,Weld County Centennial Center,
915 10th Street, Greeley, Colorado concerning the request of:
NAME: Susie Kester
CURRENT PLANNER: Kerri D. Keithley
FOR: Zoning Permit for a mobile home for a principal dwelling.
LEGAL DESCRIPTION: Located in the W2 of Section 9, T7N, R57W of the 6th P.M., Weld County,
Colorado.
LOCATION: North and adjacent to Weld County Road 82, west of Weld County Road 139. For a more
precise location, see legal.
Your property is within five-hundred (500) feet of the property on which this request has been made or you
may have an interest in the minerals located under the property. For additional information write or telephone
Kerri D. Keithley, Current Planner.
Comments or objections related to the above request should be submitted in writing to the Weld County
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of
public� �hearing.
Wie �7 � X1y.-e -Q d R ��
-&e,7s , `-& `'
6ti' �, � ro' o-otif /c? 9.
4
OCT-30-96 WED 08 :22 WALLY STERNENDERCER 303 451 5796 P. 02
MoeitE HAMS 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 parson holding fee title to real property. You are
an "owner if you hold a contract to purchase real properly which obligates you to pay general taxes on that
property. In this instance, the seller may rigt 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
Please do not sign Mr, and Mrs. -sign individually. Please do not sign this unless you have read all of the text
Signature -Malting Ada.-ess- •-• telephone Mintier Date C.Signing
P� ' tints ('n sat- 431 —5-351 Mt& . to 91
44t' h4o.4.•~ 7o3 FAcea,Fr (?f70Ro$N 4. 811 , gig 3" Avc,, ja f.
D tracer t 3rS-8
BFI
etr.44/
Weld County PlanningAuie&tn&IM
��{
SEP 7 1996 Weld County Planning Dept.
-
- itIVED
0CT 3 0 1996
RECEIVED
10/30/96 08:25 TX/RX NO.5384 P.002
96193
OCT-23-1996 15:19 P.01
_WI 4 .\\
I DEPARTMENT OF PLANNING SERVICES
PHONE (970)353-6100,EXT.3540
FAX (970)352-6312 I II le
. .. 17Th.WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17 AVENUE
GREELEY,COLORADO 80631
COLOR DO ter..i fl
t ,9% -
L Case Number ZPMH-2039
TO WHOM IT MAY CONCERN:
Enclosed is application from for a Zoning Permit for a Mobile Home to be used as a Principal Dwelling Unit.The
parcel (0723 000003) of land is described as the W2 of Section 9, TIN, R57W of the 6th P.M. Weld County,
Colorado. Th location of the parcel of land for which this application has been submitted is north and adjacent to Weld
County Road 2;west of Weld County Road 139. For a more precise location,sec legal.
The application is submitted to you for review and recommendation_ Any comments or recommendation you consider
relevant to thi1 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 October 18, 1996, so that we may give
fun 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 D.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 find that it
does/does not comply with our Comprehensive Plan for the fallowing reasons.
1
2.J INe do not have a Comprehensive Plan,but we feel this request is/is not compatible with the interests of
bur town for the following reasons:
b
3. �We have reviewed the request and find no conflicts with our interests.
4. A formal recommendation is under consideration and will be submitted to you prior to
5. Please refer to the enclosed letter_ 1 `1r^/,)/����ll
Agency W Y l v s'"t ii'
,---
Date:Signed: f_
Date:
i q
. Weld County Planning Dept.
OCT 2 4 1996 TOTAL P.01
10/23/96 14:13 TX/RX NO.5321 P.001
96193
res
DEPARTMENT OF PLANNING SERVICES
ID
PHONE (970) 353-6100, EXT.3540
WI FAX (970)352-6312
TIVE OFFICES
C. WELD COUN GREE EY, COLORADO 80631
E
COLORADO
October 24, 1996
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: ZPMH-2039
There will be a Public Hearing before the Weld County Planning Commission on Wednesday, October 30,
1996, at 9:00 a.m., in the County Commissioners' Hearing Room, First Floor,Weld County Centennial Center,
915 10th Street, Greeley, Colorado concerning the request of:
NAME: Susie Kester
CURRENT PLANNER: Kerni D. Keithley
FOR: Zoning Permit for a mobile home for a principal dwelling.
LEGAL DESCRIPTION: Located in the W2 of Section 9, T7N, R57W of the 6th P.M., Weld County,
Colorado.
LOCATION: North and adjacent to Weld County Road 82, west of Weld County Road 139. For a more
precise location, see legal.
Your property is within five-hundred (500)feet of the property on which this request has been made or you
may have an interest in the minerals located under the property. For additional information write or telephone
Kerri D. Keithley, Current Planner.
Comments or objections related to the above request should be submitted in writing to the Weld County
Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of
public hearing.
961937
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
Susie Kester
ZPMH-2039
Mertens Bros Inc
62201 WCR 76
New Raymer, CO 80742
Victor Hanson
703 Fremont Avenue
Fort Morgan, CO 80701
Dale Schmeeckle
67490 Hwy 14
New Raymer, CO 80742
Elmo Steffen
117 Aspen Street
Fort Morgan, CO 80701
Colorado State of Hanson Brothers
703 Fremont
Fort Morgan, CO 80701
Kenneth L. Littlefield
20 Cooper Street
Fort Morgan, CO 80701
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the surrounding property owners and
owners and lessees of minerals in accordance with the notification requirements of Weld County
in Case Number ZPMH-2039 for a principal dwelling in the United States Mail, postage prepaid
First Class Mail by letter as addressed on the attached list.
this 24th day of October, 1996.
Jill Boshinski
961937
cfte
1 DEPARTMENT OF PLANNING SERVICES
WI O PHONE (970)353-6100,EXT.3540
FAX: (970)352-6312
• WELD COUNTY ADMINISTRATIVE OFFICES
COLORADO - 1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
September 30, 1996
Susie Kester
P.O. Box 63
New Raymer, CO 80742
Subject: ZPMH-2039, located in the W2 of Section 9, T7N, R57W of the 6th P.M. Weld County, Colorado.
Dear Ms. Kester:
Your mobile home zoning permit application is being processed by our office. I have scheduled a meeting
with the Board of County Commissioners for October 30, 1996, at 9:00 a.m. This meeting will take place in
the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any
questions the Board of County Commissioners may have.
If you have any questions concerning this matter, please feel free to call me.
Resp ully,
Kerni D. Keithley
Current Planner
KDK/jeb
Service,Teamwork, Integrity,Quality
961937
AFFIDAVIT OF INTEREST OWNERS
SUBSURFACE ESTATE
Subject Property W 'lz o P Sec o-ri 9 TownSkkip 9 > age 57
i
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a ture 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.
9,..443#L
Signature
Date
961937
AFFIDAVIT OF INTEREST OWNERS
SUBSURFACE ESTATE
Subject Property
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a ture 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
/y/9
Date
9 961937
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Ii Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION#
/My r-le✓t 13(05 Inc . tp 4301 new Pave:,-1
IAlC.2�CQ� so 7,-1 a 0-1,Q if WCYOGa
n- nbrio
IJar`or1, btt ercr 703 Rr-emorst AveEt761 fl1a5o a 0000
• ti
L,f-f-Ithe,d) Kerb/Jot? a6 CQbper C±„ � -1/2 n1a,503ti cp
Schmeeu<Ic, DaiC (014/9b t}wy I ' D7, Sn ebOCCD8'
flay IC%4 tsA.,CO. 7'ta
5te4en, ` ImD Ii -7 Aspen Si-. 070517ObDoO3"
f Ft- PrOrSan �>i0j
(}t rr -(Stak of • Q�a51 l ofitoc)
1�Ia nson k3i thn rS 7n Fremor�l 7a� 09 i
Imo-. ryler8an Et 761
10 961937
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION#
/?t7) turn-/KEEL
14,
/ne)27t'NS goe6
/' ley L i rtztrittO
vs AO- ✓Neer 02aTEA6
ffr5T
10 961937
1994 TAX NOTICE REP ESTATE MAK' 'NECKS PAYABLE TO 51409
WEI >UNTY TREASURER PIN:
843 W2 9 7 57 EXC OGEM ( SR1 P.O.b,,X458
GREELEY,CO80832-0458 R 1094886
PHONE:353-3845 EXT 3250
ACTUAL I ASSESSED I LEVY
AND 11256 3270 1ST HALF 109.60
PS.OR PER.
2ND HALF 109.60
OTAL 11256 3270 67.034
TOTAL 219.20 C.
PARCEL 072509000003 PIN .R 1094886 DIST 1100 f! h
VANGRAEFSCHEP£ FARMS INC
NEW RAYMER CO 80742
TOTAL
AMOUNT
COLLECTED
PAID BY
Office Copy IF YOU NEED OUR RECEIPT PLEASE CHECK HERE D.
PIN: R 1094886 DETACH FOR YOUR RECORDS t PARCEL NUMBER
COUNTY OF WELD,STATE OF COLORADO 1994 TAX NOTICE 072509000003
TAX DISTRICT: 1100
TAX AUTHORITY LEVY TAX DUE DATES
WELD COUNTY 22. 038 72.06 General property taxes are due and payable January 1 of each year.
SCH DIST RE 11 J 35. 25 8 115• 30 FIRST HALF - Delinquent MARCH 1 SECOND HALF - Delinquent JUNE 16
RAYMER STON FIRE 2. 088 6. 83 FULL AMOUNT - Delinquent MAY
kAIMS JUNIOR COL 6. 150 20. 11 * ** SEE INTEREST CHART ON REVERSE SIDE * * *
WELD LIBRARY 1. 500 4.90
IF LOAN COMPANY IS RESPONSIBLE FOR THIS
TAX , RETAIN THIS BILL FOR YOUR FILES.
* TEMPORARY MILL LEVY RATE REDUCTION
OT AL 67. 034 219. 20 WITHOUT STATE AID THE SCHOOL PROPERTY GENERAL 77. 443
TAX MILL LEVY WOULD HAVE BEEN
IMPORTANT SEE REVERSE SIDE
961937
•"" ' """" ""` WEI n COUNTY TREASURER PIN:
P.t x456
843 W2 9 7 57 EXC OG&M ( Bf
GRr,_�EY,CO 80632-0458
PHONE:353-3845 EXT 3250 R 1094RR
ACTUAL I ASSESSED I LEVY
LAND 11256 3270 1ST HALF 109.60
IMPS.OR PER. 2ND HALF 109.60
TOTAL 11256 3270 67.031
TOTAL 219.20
PARCEL PIN DIS7
072509000003 R 1094886 1100
VANGRAEFSCHEPE FARMS INC
7. KESTER A. SUSIE
21 BOONE ST.
NEW RAYMER CO 80742 TOTAL
AMOUNT
COLLECTED
PAID BY
Office Copy IF YOU NEED OUR RECEIPT PLEASE CHECK HERE O
PIN: R 1094886 DETACH FOR YOUR RECORDS PARCEL NUMBER
TAX DISTRICT: COUNTY OF WELD,STATE OF COLORADO 1994 TAX NOTICE
•• 072509000003
TAX AUTHORITY LEVY TAX DUE DATES
WELD COUNTY 22.03E 72 . 06 General property taxes are due and payable January 1 of each year.
SCH DI ST RE!1 J 35.25E 115. 30 FIRST HALF - Delinquent MARCH 1 SECOND HALF - Delinquent JUNE 16
RAYMER STDN FIRE 2 . 08E 6. 83 FULL AMOUNT - Delinquent MAY
*AIMS JUNIOR COL 6 . 15C 20. 11 ** * SEE INTEREST CHART ON REVERSE SIDE ' " '
WELD LIBRARY 1 . 50C 4.90
IF LOAN COMPANY IS RESPONSIBLE FOR THIS
TAX . RETAIN THIS BILL FOR YOUR FILES.
wlTlur�ii � �ci RROrl k LEVY RATE REDUCTION
67.613r 219.20 TAX MILL LEVY WOULD HAVE BEEN GENERAL 77 . 113
IMPORTANT SEE REVERSE SIDE
h
• 961937
• ,e. t a _. . ._. .F.hb. a relafl.art .*o r 9f2310,0"":".**44,7"-i:0.:C f#
AMERICAN LAND TITLE ASSOCIATION
OWNER'S POLICY
(10-17-92)
06 0029 106 102
a
CHICAGO TITLE INSURANCE COMPANY
c
M
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY,a Missouri corporation,herein called the Company,insures,as of Date of Policy shown
in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or
52 incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
In Witness Whereof,CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A,the policy to become valid when countersigned by an authorized signatory.
t ISSUED BY:
CHICAGO TITLE INSURANCE COMPANY
l WELD COUNTY TITLE COMPANY By:
rl 1221 8th Avenue
Greeley, Colorado 80631 /�t /�j
d (303) 356-3232 /dlG�� .L.
y J Preside
By.
:," aait e. Al..."
Secretary
6
i•
ALTA Owner's Policy(10-17-92)
961937
OWNER POLICY NO. 06-0029-106-102
SCHEDULE A •
Amount of Insurance: Date of Policy: RE: Our Order No. :
$65, 000.00 DECEMBER 30, 1994 CN32254
5:00 P. M.
1. Name of Insured:
A. SUSIE KESTER
2. The estate or interest in the land described herein and which is covered by
this policy is: FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in the
insured.
4. The land described herein is encumbered by the mortgages or trust deeds, if
any, shown in Schedule B hereof.
5. The land referred to in this policy is described as follows:
THE W1/2 OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 57 WEST OF THE 6TH P.M. , WELD
COUNTY, COLORADO.
This Policy valid only if Schedule B is attached.
- 1 -
96 1937
•
OWNER POLICY NO. 06-0029-106-102
SCHEDULE B
This policy does not insure against loss or damage by reason of the following
exceptions:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any
facts which a correct survey and inspection of the premibes would disclose and which
are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
5. Taxes and assessments which are a lien or due and payable; and any tax, special
assessments, charges or lien imposed for water or sewer service, or for any other
special taxing district, any unredeemed tax sales.
6 . Taxes for the year 1994, a lien, but not yet due or payable.
7. Right of way for COUNTY ROADS 30 feet wide on either side of section and township
lines as established by ORDER OF THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY,
recorded OCTOBER 14, 1889 in BOOK 86 at PAGE 273.
8 . Reservation as contained in Patent recorded NOVEMBER 5, 1917 in BOOK 461 at PAGE
382, said reservation being as follows:
Right of way for ditches and canals constructed by the authority of the United
States.
9. Reservation of ALL OIL RIGHTS IN THE NW1/4 as contained in instrument from CHRISTY
CROW AND IRENE CROW recorded OCTOBER 31, 1945 in BOOK 1164 AT PAGE 49, and any
interests therein, assignments, or conveyances thereof.
10. Reservation of 1/2 OF ALL OIL AND MINERALS as contained in instrument from GEORGE N.
HARRIS recorded OCTOBER 8, 1948 in BOOK 1235 AT PAGE. 307, and any interests therein,
assignments, or conveyances thereof.
11. Right-of-way easement for PIPELINE purposes as granted to CITIES SERVICE GAS COMPANY
by instrument recorded JULY 31, 1978 in BOOK 840 AS RECEPTION NO. 1761795, said
right-of-way easement not being specifically defined.
12 . Right-of-way easement for PIPELINE purposes as granted to CITIES SERVICE GAS COMPANY
by instrument recorded MARCH 23, 1979 in BOOK 863 AS RECEPTION NO. 1785232, said
right-of-way easement not being specifically defined.
13 . Terms, conditions and provisions of AGREEMENT, between NORTHWEST CENTRAL PIPELINE
CORPORATION and CITIES SERVICE GAS COMPANY recorded JULY 28, 1986 in BOOK 1121 as
RECEPTION NO. 2062545.
CONTINUED NEXT PAGE
2 961937__
SIN. + to
" SCHEDULE B CONTINUED
CN32254
y
14. Deed of Trust from A. SUSIE KESTER to the Public Trustee of Weld County for the use .
of THE FIRST SECURITY BANK, to secure the face amount of $52, 125.00 dated DECEMBER
1, 1994 and recorded DECEMBER 30, 1994 in BOOK 1473 as RECEPTION NO. 2421026.
Countersigned by /V 7..w --S '4 d-"-m, as Authorized Signatory
- 3 -
961937
�;�� 1
„y ' ,.�_-"N ION OF TERM 'e W enever'tne Company shall have brought an action or interposed a
�,�{t„-,r owing terms when used n s pot cy mean: : - defense as required or permitted by the provisions of this policy,the Company
' the insured named in Schedule A'end;subject to any rights may pursue any litigation to final determination by a court of competent juris-
'°D 1"F $l ttherhompany would have had against the named insured,those diction and expressly reserves the right,in its sole discretion,to appeal from
wh`d 3otcbed to the interest of the named insured by operation of law as any adverse judgment or order.
iftetihbuiohedirolrtpurchase including,but not limited to,heirs,distributees, (d)In all cases where this policy permits or requires the Company to prose-
devisees,sun/ personal representatives, next of kin, or corporate or cute or provide for the defense of any action or proceeding,the insured shall
fiduciary successors. secure to the Company the right to so prosecute or provide defense in the
(b)"insured claimant":an insured�claiming loss or damage. action or proceeding,and all appeals therein,and permit the Company to
(c)"knowledge' or"known":actual knowledge, not constructive knowl- use, at its option, the name of the insured for this purpose. Whenever
edge or notice which maybe imputed to an insured by reason of the public requested by the Company,the insured,at the Company's expense,shall give
records as defined in this policy or.any other records which impart construe- the Company all reasonable aid (i) in any action or proceeding, securing
five notice of matters affecting the land. . evidence,obtaining witnesses, prosecuting or defending the action or pro-
. seeding,or effecting settlement,and(ii)in any other lawful act which in the
(d)"land":the land described or referred to in Schedule A,and improve- opo
ments affixed thereto which by law constitute real property.The term"land" the estate s the Company may be d necessary ftheCompai rej to establish the a lure of
does not include any property beyond the lines of the area described or the or interest as insured.If the Company is prejudicedby the failure of
referred to in Schedule A,nor any right,title,interest,estate or easement the insured to furnish the required cooperation,the Company's any liability
obligations to
9the insured under the policy shall terminate,including.any .or oblige-
abutting streets,roads,avenues,alleys,lanes,ways or waterways,but noth- lion to defend,prosecute,or continue any litigation,with regard to the matter
ing herein shall modify or limit the extent to which a right of access to andfrom or matters requiring such cooperation.
the land is insured by this policy.
(e)"mortgage": mortgage,deed of'trust, trust deed, or other security 5. PROOF OF LOSS OR DAMAGE
instrument - In addition to and after the notices required under Section 3 of these Condi-
(f)"public records": records established under state statutes at Date of tions and Stipulations have been provided the Company,a proof of loss or
Policy for the purpose of Imparting constructive notice of matters relating to damage signed and sworn to by the insured claimant shall be furnished to the
real property to purchasers for value and without knowledge.With respect to Company within 90 days after the insured claimant shall ascertain the.facts
Section t(a)(iv)of the Exclusions From Coverage,"public records"shall also giving rise to the loss or damage:The proof of loss or damage shall describe
include environmental protection liens filed in the records of the clerk of the the defect in, or lien or encumbrance on the title, or other matter insured
United.States district court for the district in which the land is located: against by this policy which constitutes the basis of loss or damage and shall
(g)"unmarketability of the title":an alleged or apparent matter affecting state,to the extent possible,the basis of calculating the amount of the loss or
the title to the land, not excluded or excepted from coverage,which would damage.if the Company is prejudiced by the failure of the insured claimant to
entitle a purchaser of the estate or interest described in Schedule A to be provide the requited proof of loss or damage,the Company's obligations to
released from the obligation tb purchase by virtue of a contractual condition the insured under the policy shall terminate,intluding'any liability or oblige-
requiring the delivery of marketable title. tion to defend,prosecute,or continue any litigation,with regard to the matter
or matters'requiring such proof of loss or damage.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF.TITLE In addition,the insured claimant may reasonably be required to submit to
The coverage of this policy shall continue in force as of.Date of Policy in examination under oath by any authorized representative of the Company
favor of an insured only so long as the insured retains an estate or interest in and shall produce for examination,inspection and copying;at such reason-
the land,or holds an indebtedness secured by.a purchase money mortgage able times and places as may be designated by any authorized representative
given by a purchaser from the insured,or only so long as the insured shall of the Company, all records; books, ledgers, checks,correspondence and
have liability by reason of covenants of warranty made by the insured in any memoranda whether bearing a date before or after Date of Policy,which
transfer or conveyance of the estate or interest..This policy shall not continue reasonably pertain to the loss or damage.Further,if requested by any autho-
in force in favor of any purchaser from the insured of either(i).an estate or rized representative of the Company,'the insured claimant shall grant its
interest in the land, or(ii)an indebtedness secured by a purchase money permission, in writing,for any authorized representative of the Company to
mortgage given to the insured. examine, inspect and copy all records,books, ledgers,checks,correspon-
dence and memoranda in the custody or control of a third party,which reason-
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT ably pertain to the loss or damage.All information designated as confidential
The insured shall notify the Company promptly in writing(i)in case of any by the insured claimant provided to the Company pursuant to this Section
litigation as set forth in Section 4(a)below,(ii)incaseknowfedge shall come to shall not be disclosed to others unless, in the reasonable judgment of the
an insured hereunder of any claim of title or interest which is adverse to the Company, it is necessary in the administration of the claim. Failure of the
title to the estate or interest,as insured,and which might cause loss or dam- insured claimant to submit for examination under oath,produce other reason-
age for which the Company may be liable by virtue of this policy,or(iii)if title to ably requested information or grant permission to secure'reasonably neces-
the estate or interest,as insured,is rejected as unmarketable.If prompt notice sary information from third parties as required in this paragraph shall termi-
shall not be given to the Company,then as to the Insured all liability of the nate any liability of the Company under this policy as to that claim.
Company shall terminate with regard to the matter or matters for which prompt
notice is required:provided,however,that failureto notify the Company shall 6. OPTIONS TO PAY OR OTHERWISE..SETTLE CLAIMS;TERMINATION
in no case prejudice the rights of any insured under this policy unless the OF LIABILITY
Company shall be prejudiced by the failure and then only to the extent of the In case of a claim under this policy,the Company shall have the following
prejudice: - ` - additional options: ;
4. DEFENSE AND PROSECUTION OF ACTIONS;DUTY OF INSURED (a)To Pay.or Tender Payment of the Amount of Insurance.
CLAIMANT TO COOPERATE - - To pay or tender payment of the amount of insurance under this policy
(a)Upon written request by the insured and subject to the options con- together with any costs,attorneys'fees andexpenses incurred by the insured
tained in Section 6 of these Conditions and Stipulations,the Company,at its claimant,which were authorized by the Company,uptted to pay.me payment or
own cost and without unreasonable delay,shall provide for the defense of an tender of payment and which the Company is obligated to pay.
insured in litigation in which any third party asserts a claim adverse to the title Upon the exercise by the Company of this option,all liability and obligations
or interest as insured,but only as to those stated causes of action alleging a to the insured underthis.policy,.otherihan to make the payment required,shall
defect,lien or encumbrance or other matter insured against by this policy.The terminate, including any liability or obligation to defend, prosecute,or con
Company shall have the right to select counsel of its choice(subject to the tinue any litigation,and the policy shall be surrendered to the Companyfor
right of the insured to object for reasonable cause)to represent the insured as cancellation. r -
to those stated causes of action and shall not be liable for and will not pay the (b)To Pay or Otherwise'Settle With Parties•Other than the Insured or
fees of any other counsel:The Company will not pay any fees, costs or With the Insured Claimant. •
expenses incurred by the insured in the defense of those causes of action (i)to pay or otherwise settle with other parties for or in the name of an
which allege matters not insured against by this policy. insured claimant any claim insured against under this policy,together with any
(b)The Company shall have the right, at its•own cost, to institute and costs,attorneys'fees and expenses incurred by the insured claimant which
prosecute any action or proceeding or to do any othet act which in its opinion were authorized by the Company up to the time of payment and which the
may be necessary or desirable to establishthetitleto the estate or interest,as Company is obligated to pay;,or
insured,or to prevent or reduce loss or damage to the insured.The Company (ii)to,pay or otherwise settle with the insured claimant the loss or damage
may take any appropriate action under the terms of this policy,whether or not provided for under this policy, together with any costs, attorneys' fees and
it shall tie liable hereunder,and shall not thereby concede liability or waive any expenses incurred by the insured claimant which were authorized by the
provision.of.this policy. If the Company shall exercise its rights under this Company up to the time of payment and which the Company is obligated to-
paragraph.it shall do so diligently. pay. 961937
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