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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 C tally nQ 961937 c--Q o \Kt, % 'i >� v` VIE a `'w 3 N>)2 d C-'77 Jb t r l� �� x xz 1 x % 3 3z 1 I %dr\ at- - i ‘ba O 3 J c_\wt- fr1 x x 9 1j 961937 **********.***************************************************************** 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 Hello