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HomeMy WebLinkAbout962457.tiff 4s-A -, 9/2 w =-1k,, s ,f, .8 • "ids" . tg- I . a a,; ss ".i°1 1112i1 I Hill iT�l ? a. ° il � eiiii' 2;22:... � ^ 3;;39= s $....!"" AZ - .2: U2.-2 i I 2 ! a..s s:: •2222'$ s` ;-."g ;: s;" a . : s e;e Sc;" _2...23:. . ...... ._..; 2:22.!! C t . ....2 • !i i i . ., ii ! 2a ! ,l a s.a- 0. s3 : 2 si a .;lass^• gas_ .-22:;:12_ P . s tlgss:a:-s . " . 52.2.'3° ! 2 W 5g ...2ssss:...s:-------------.....�. - ill a a s:o_. s" $ 222122. ; a • 2 $ - s . s €s 222. : 3:al! s . • $° t • 3 Ii a $s 22 «v, smmm s s� ' / : BE 1 ii t2 II ssi 48 : l ' KW " li I r 'ai IL' f ye / tit : ' .s II ; 1 _ ;r' `i w 3` I $ s9 � =22 Cr) Z u I I• Ia r ,,i ise= � 3 w N gg 3 p . S= I li a 1,: e / .rY N giat u = sr,. a , !vP d a iia I/ M • I f �/ r � 2 f Ii iis OEM �w . ti c 3-. �...,m. Q § 2 e •s Z 's "WOKE 3,1,1tr.00,1 Z 8 O 4 rR et 9 p i 11 Z LL O p . L OF 3 r— W O a . n N L Z 3 g l $ X p p a a W W E •.a a r_ N Lt u d" ® ml ! : a. N I 2 e r . . G I p r OJ . '• - • - . n O ` i _ : d °N J 2 W 6 8 s I / ; a y .. �p ° 4 _ no 8 Ot r` . . a U O • Lg _ U / J! 1 2 ‘2, . :, 7 :. ' ----lr >i.,--t u u. it A WI . .il .2 1 • �G Lc h C. to re X: O M5 :' ; 1 u 7J a O •ti O r. __1: !-+ ii • • DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: William Score Case Number: RE-1953 Legal Description: E2 NE4 of Section 36, T7N, R67W of the 6th P.M., Weld County, Colorado Parcel Identification Number: 0705 36 000031 Larger Lot Size: 77+-acres Smaller Lot Size: 3+-acres Water Source: North Weld County Water District Sewer Source: Septic Meets Criteria Criteria Checklist Yes No X 1. Conformance with the Weld County Comprehensive Plan and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 11.8 of the Weld County Subdivision Ordinance. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Department of Planning Services has determined through the review, that the standards of Section 11.4.2.1 through 11.4.2.6 of the Weld County Subdivision Ordinance have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of the County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (ISDS) regulations. 2. There is one access permitted per legal parcel. No additional accesses shall be granted to Lot A from Weld County Road 76. 3. Prior to recording the plat, the applicant shall: A. The following note shall be placed on the plat: All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. B. All access shall be clearly shown on the plat. -"x`/5`7 C. All easements shall be clearly shown on the plat. S 4. The applicant shall submit a mylar plat to the Department of Planning Services to be recorded in the office of the Weld County Clerk and Recorder. The plat shall be prepared in accordance with the requirements of Section 11.7 of the Weld County Subdivision Ordinance. The plat shall be submitted within sixty (60) days from the date of approval by the Department of Planning Services. The applicant shall be responsible for paying the recording fees. Date November 1. 1996 Kerri D. Ke ley Curre anner • Recorded Exemption Field Check inspection date: October 23, 1996 Case Number RE- 1953 Applicant William Score Legal Description E2 NE4 of Section 36, T7N, R67W Location South of& adj. to WCR 76, east of WCR 23 tl Landuse :.... ,; . N A(Agriculture) N l E A(Agriculture) E 1 ,.. . : .: �. • / - • S A(Agriculture) • SS tt !�.. . . ♦�� W A(Agriculture) Unsafe Conditions Inadequate sight distance to west(500' clear view @55 mph) Setbacks /structure from access Bridge location from access (less than 200') Landscaping/Weeds Inadequate distance from road intersection or railroad crossing '54 None observed at time of inspection Total Number of Accesses in a Mile State Highway 76 Weld County Rd. Weld County Rd. Residences III( Residences _ Residences Other Structures Other Structures _ Other Structures Agricultural I Agricultural Agricultural Commercial _ Commercial _ Commercial Road Surface WCR Paved WCR Gravel Unimproved Comments: b/U “ h.> - Let k 8{,nod bAdotuti - ti erri Keithley ❖ Current Planner a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, E52.6342 (FAX (97070) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE IGREELEY, COLORADO 80631 C. COLORADO October 4, 1996 William Score 11940 Weld County Road 76 Windsor, Colorado 80550 Subject RE-1953, located in part of the E2 of the NE4 of Section 36, T7N, R67W of the 6th P.M., Weld County, Colorado. of the 6th P.M., Weld County, Colorado. Parcel Number: 080536000031 Dear Mr. Score: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of the Weld County Subdivision Ordinance, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria,you will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Severance Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the Severance's Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Gene Rider, at(970) 686- 1218, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sin e„ Kerri D. Keithley, Current Planner KDK/jeb 41( DEPARTMENT PLANNING SERVICES PHONE (9(970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES ' 1400 N. 17TH AVENUE C. GREELEY, COLORADO 80631 COLORADO October 4, 1996 RE-1953 PARCEL NUMBER-080536000031 TO WHOM IT MAY CONCERN: Enclosed is an application from William Score for a Recorded Exemption. The parcel of land is described as part of the E2 of the NE4 of Section 36, UN, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 76; east of Weld County Road 23.. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 25, 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 Kern 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: ADMINISTRATIVE REVIEW FLOW SHEET �J CASE# 2a- /9 J3 APPLICANT: Win"anti ST�i20. REQUEST: 42e.l(497d l J t A-n/2 . i LEGAL E.a 'J - _ / lp.�J 2 LOCATION: &OM d � dj LiX /7 W) ea3/ 6 T /A)C �. 23 PARCEL NUMBER: 0700 (3(p iPCO31 Date By Application Received 604 Q Application Completed Da 2 '9U «M Referrals listed LAS . 5 '9Lip k K File assembled / b -14-q1( Letter to applicant mailed lg) •4 _9 /e Vicinity map prepared l Referrals mailed lb-4 -9/1 Chaindexed n / i • Field check by DPS staff I D/WG7Lt Administrative Review decision:appinga D Eiji I/9b IDK a_ ' History card completed l 1-1--94, ,,vc \- 20-Q`] Date By COMMISSIONER HEARING DATE Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received History card completed Recorded on maps and filed f -2`j -U 2Kyi Overlay Districts 0-705 3CD- Iq `33 Zoning Yc�tt Airport Yes LoA A Geologic Yes No - Flood Hazard Yes NoSt Pam 415 lo-\ ki3 i` c 4 U `t' ` a -'PLICATION FOR RECORDED EXEMPTI• Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone (970) 353-6100, Ext. 3540, Fax#(970) 353-6312 FOR PLANNING DEPARTMENT T USE ONLY: APPLICATION FEE CI 1e° RECORDING FEE t}' i f< # `ix-)t{' CASE NUMBER QE-12r3 RECEIPT NUMBER ()C�j� ZONING DISTRICT APPLICATION CHECK BY C (dIJ TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LEGAL DESCRIPTION: fk Os _TOTAL ACREAGE: j>/?' Has this property been divided from or had divided from it any other property since August 30, 1972? Yeses No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes_XC No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_No.-;Airport: Yes_NoX ; Geological Hazard: Yes_No Z_ FEE OWNERS OF PROPERTY: Name:J V di ia_&c.o rc. Home Phone# Ja �a 11 Address: 119 y n W el d, C pt.n4 y <R4 . 7(o Work Phone# (c - 9(0 9 City/State/Zip Code n A Sri r C Name: T nNnt. Home Phone#_g (o -c5c // Address: 1 19 N tl L. iA S.c,� y 'Rr&. 7 L Work Phone# (IL - 510 9'1 City/State/Zip Code 1 1 �r�Sszsy_S a1�S1� � Water Source: Larger Parcel Lit_}.b_Vr.)t1 A. _ Smaller Parcel N o r 4 k W e.t �. Type of Sewer: Larger Parcel Q.,e } c Smaller Parcel _Th )Ais Proposed Use: Larger Parcel e`rc er A\c, Smaller Parcel 2 S',A k r 3c, Acreage: Larger Parcel 77 A _ t Smaller Parcel 3 /¢c_ 1" Existing Dwellings: (Yes or No) e c-, (Yes or No) 1%/ O Existing Dwelling Address (if applicable): • Larger Parcel I I9yD \ve\a C{y � 1L, 1�• Samar m ? i Smaller Parcel_, n e ci. I hereby state that all statements,proposals,or plans submitted with this application are true and correct to the best of my knowledge. Weld Ce r, ; , Manning Dept Signature: Owner or Authorized Agent OCT 0 2 1996 rep- arm*,m*, rE D 5 4 • The Easterly one-half of the NTA of Section 36 , Township 7 North, Range 67 West of the 6th P .M. , . ccord nu to t,.he acreage of said NEk and divided and described as fr tlows : Considering the North line of - rid NEq as bearing East and West and with all bearings contained herein relJtive thereto. BEGINNING at the Northeast corner of said Section 36; thence along said North line West 1320 . 38 feet to the West line of the F.'q of said NE's; thence along said West Line S00' 39 ' 03"W 257 . 62 feet to the centerline of the Eaton Ditch; thence along said centerline of Eaton Ditch the following eleven (11) courses and distances : (1) 878°06157 "W 46 . 02 feet; (2) 564°53 ' 39"W 96 . 06 feet; ( 3) 500'06 ' 21"E 243. 22 feet; (4) S0S°16 ' 06"E 391 . 27 feet; • ( 5) 824°23 ' 40 "E 168 . 19 feet ; ( 6) SSl°'-6 ' 41"E 186 . 87 feet ; (7) S'.5°00 ' 11"E 215 . 17 fee : (8) S00° 12 ' 32"w' 90 .74 feet; (9 ) s22°34 ' _34 "W 86 . 25 feet; • (10) $62°0.1 ' 53 "W 136 . 89 feet; (ii) N87° 52 " 03"W 77 . 48 feet to a line that is parallel with and 20 . 31 feet (measured at right angles) West of sad West line of the E; of the NEq of Section 36 ; thence along said parallel line 500° 39 ' 03"W 965 . 70 feet to the South line of said NEq of Section 36 ; thence along said South line N89°21 ' 45"E 1339 . 24 feet to the East line of said NEa; thence along said East line N00'41 ' 18"E 2598 . 78 feet to the POINT OF BEGINNING . EXCEPT that portion conveyed by deed recorded March 24 , 1905 in Book 228 at Page 52 , more particularly describe d as fillows : the A strip of land 20 feet in width off frd the e NE of Section 36 , Township 7 North, Range 67 West of the 6th P .M. , described as follows: BEGINNING at the East quarter corner of said Section 36 and thence West upon the 15 Section line , 2614 feet (more or less) to the center of said Section 36 ; thence North on the 35 Section line 20 feet: thence East upon a line 20 feet North on of and o a cltel o, more or less , the aforesaid East and West , Sec to the East line of said Section 36 ; thence South on the Section line 20 feet to the place of BEGINNING. TOGETHER WITH a 30 . 00 foot easment for ingress and egress , the centerline of said easement being described as follows : BEGINNING at said Northeast corner of Section 36 ; thence along the North line of said NE≤ West 1335 . 38 feet to a line that is parallel with and 15 . 0 feet West (measured at right angles) from the West lino of the E1/2 of said NE and the TRUE POINT OF BEGINNING of said easement centerline ; thence along said. centerline and parallel with said West line 500° 39 ' 03"W 219 . 81 feet to a line that is parallel with and 40 . 00 feet Westerly and Northerly of the centerline of said Eaton Ditch; thence along said parallel line the following four (4 ) courses and distances : (1 ) 578°06 ' 57 "W 44 . 18 feet ; (2) 564° 53 ' 39"W 126 . 18 feet; ( 3) 50n°06 ' 21"E 271 . 55 feet ; (4 ) 508°16 ' 06 "E 184 . 72 feet tc the Westerly prolongation of the centerline of an existing bridne7 thence along said Westerly prolongation and centerline of an existing bridge N83°27 ' 08 "E 40 . 07 feet to the ('I';5tc : ling o: t (`I :'inc; of sal( ej I-Tt :. . li 511n!' r�,;iid t::,t.on Ditch and th_�• r • S . . pRep.R.Q5D X. l .A to The .a ` a. `. "e id water u to i r 1 i:ty �t end A water 5i�'_ >t�t u.�.v„"�P.i']t. The�.at. ;r.�:�t :�iil:�.�1:�..� �L'.u��:t:e that a supply of s ,,:c.err≤ .�.se.: ,,��� : �,`y, r •!•. z • from :eater '•1�stric t.:� i ;, rt. dL�perid��.��:y will�'� �;Yai.3b,e to serve ..:� .ru peeper iCtS. A letter 'el .a��f . .�;.c let, i 1h ,�3�i..f,or n even permit e'":'.ne!es of evideee for :fereeetl . use. The eater supply etaterneet shoeld also ct_ntein thJ tide and quantity of weter va iebLe tte the _ 'a,rf,:,,:;A able. ,. ._{,..t- `he a u..afor d ) sewage:n c-oreprance Z. �i'.3f+vri`csnt`cr°�":',.•:=�y'�ti``�t`�"Q r.f•rtir<...• .'..•.:Y ti:�.: :,:4a$i.tl •'t3E`•y ..�e means the �Si}C;:_ S.fSct � r with the i ee •ri•`.'Teets of the ur.'7erfy n and the Veld County Health iDl:e-e t -fent. 3. A i q to property { •t e - (s)is l �'tcd in the agr:c It rrel zone'-yellict,the �e�.. t i�:� '.iEQis f.r�"s'+ 'F:'4. Wear L>.. �:'Gi�`il�J u t, •.� .+.e�Mii ri Lr i` 'y tt'v Weld °' t •• ..f prime end eenpnme fai'•^.hlend es dellne in the W ld �.curiity dtrsrirt:•:rrar. shell _.':`v`t�'1ie approximate c.;i=' '^'J� `'I W __ . Cee a ,j ,a• ees .t r. ..et`^r. any existing Impisuch `v e ! n..� �- t': :� �.,;:y�l�rt,ll. t'•Y�rBr grid�jj.._,s '�• •• >:..•.arid • �ov ��ntra as tie �f:in ,.�1 i::�•^iiRC t.8, is bo a hems reeeeeeeetereet er•i;'-e,tern, cif buildings irrigation ditches, ;rid oil well,p.roduc`;.n . eiNties ?.,.fir t•fr'--e,'..�.it , � 07r tthw'`preper1y. 4. The reason for the proposed re..c:d ed enefSon with an explanation how each lot will be used. 5. A description of the location,size, .-.r,d p e •ent use of the area where the proposed new lot will be created. • „'S. A statement e .wtalr,ing that the precetal is consistent with any adopted municipal plan, and any intergcverreeertal rr ay;r eernent(s),if a plies e. 7. A statement axp l i!'g how the proposed g.e,,as will be compatible with ee sting surioundiing land uses. a. A statement ex plaining hew the repose!is consistent with the intent of the district it is located within as exps e-ssed in the Mid County Zoning Ordinance,and the Weld County Comprehensive Pian. 9. A statement explaining how the proposal is toneistent with efficient and orderly development as defined in the Veld County Subdivision Ordinance,Section 1.3; as defined below: - Assist orderly and integrated development. - Promote the health,safety, and gene;al welfare of the residents of the County. - Ensure conformance of land subdivision plans with the public improvement plans of the County and its various municipalities. - Ensure coordiration with public municipal improvement plans and programs. - Encourage well-planned subdivisions by establishing adequate standards for design and improvement. - Safeguard the Interests of the public,the homeowner,and the subdivider.. - Securing equitable handling of all subdivision plans by providing uniform procedures and standards. - Preventing loss and Injury from fire in wooded terrain. - Preserve agricultural land and promote it most productive agrarian use. - Ensure Irrigation water currently associated with a farm or rural unit of land will be retained for agricultural uses. - Preserve natural vegetation and cover and promote the natural beauty of the County. - Prevent and control erosion,sedimentation,and other pollution of surface and subsurface water. • - Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects. - Restrict or regulate building in llood hazard overlay district areas,shoreland,areas covered by poor soils, or in areas poorly-suited for building or construction. - Prevent loss and Injury from land slides,mud flows,and other geologic hazards. - Provide adequate space for future development of schools and parks to serve the population. S • RECORDED EXEMPTION QI TESTIONAIRE #1 We have included a letter from North Weld County Water District stating that a water tap would be available for the proposed lot. #2 In this area septic systems are used for disposal of sewage. We have enclosed a copy of the Disposal System Permit issued on the existing house at 11940 WCR 76. #3 The proposed propery is now being used as dryland pasture. It is approximately 3 acres, with no irrigation water. This property is being split off an 80 acre parcel which has our personal residence on it - 11940 Weld County Rd. 76, Windsor. Our personal residence is complete with a barn, corrals, and 6 small outbuildings. There are no improvements on the proposed 3 acre exemption. #4 The reason for the proposed split is to reduce debt. 'The larger parcel will remain our residence and pasture ground. The smaller parcel will become a residential acreage. #5 The proposed new lot will be approximately 3 acres and will he located in the N.W. corner of the 80 acres. Our personal residence is located on the N.E. corner of the 80 acre tract. #6 To our knowledge, this proposed residential acreage is consistant with all municipal plans and all intergovernmental agreements. tt7 The proposed use for the new 3 acre tract is residential. This is compatible with the surrounding land use, because there are several residential acreages along Weld County Rd. 76. #8 We believe this proposed tract is consistant with Weld County Zoning Ordinances and the Weld County Comprehensive Plan. #9 This 3 acre tract is consistant with orderly developement along Weld County Rd. 76. It will not detract from the beauty, productive farmground, or the environment. 'The proposed tract is for one single-family residence and will not jeopardize the health, safety, or welfare of the residents of Weld County. BOAR:: GR D;R'✓GTORz ; NORTH WELD COUNTY WATER DISTRICT GARY 5,MPSON ERNHAG `NAY 35 • LUCERNE, COLORADO 30e46 w.m, S? ROSS ,,,i ri ,M. McKAY f 4 — LYLE NELSON, MGR. CHAR R "+BES AGHZ ;FR . ,' RCBER?ARA -�' t�x P.O B 56 • PHONE 970-356-3020 • FAX 970-395-O97 rCf ^ U. _ erter:j... . , 1s;)6 RE Water Ser. ,_r Dear- S : This letter- is in cipiime to your inqui y reg sr!ing Hater son ice to the following desciibed ilr Uf:cft .Thrrox _-�.ateiy 6^0 feet West of 11940 W ;k 76 !! h '� - ah" 'e described 1 A�1 :: iCvtl�. IS presently ,.��P� frJtiGCtj to the �)� r he] property I A a_n 2 X Wati-i secs iite can be made ava able to the ab'c .e de; iibed proLRrtpropertyvividh requL:n en's of the District are ss'sfied- if contracts ha e not b to completed with North Weed Court;_W ater District K-ithtin one yea( from the date of this letter this letter shall become null and \`ld Additional Cornnm;us SirILCICb,. 141 . Nelson \1ana,er North Vs ed Countv Water District wit . Score • 5(caka - k- i9 ,5 RECORDED EXEMPTION CRITERIA CHECKLIST TRI0 ,t1-, - Staff Use tUt S2,41 1. What is the SCS soil classification for this site?(9±et c)an(-.1/ /Q?yy/(5-9%) Kirn IN; nn ( I -3% ), fJunn rJa/ J[WXrn (o/ r ) Yes No N/A 2. Will the proposed configuration of the site make future farming practices 2. Lot A 0 'gyp. ❑ less efficient? 1t3 Lot B o V-- ❑ 3. Will either of the lots be used for agricultural production? 11.3 3. Lot A ❑ 6 ' n Lot B `y... O ❑ 4. Is the applicant willing to place a conservation easement or some other 4. Lot A o o V- mechanism on the property to maintain farm production or open space? 11,3 Lot B ❑ ❑ lit- 5. Does the application meet the Weld County Public Works Access requirements 5. Lot A o o ❑ as cited in Ordinance 180? 11.3.13.4 Lot B o ❑ ❑ 6. Will the site utilize existing housing? 11.3.6 6. Lot A o ❑ Lot B tz_. ❑ ❑ 7. Will the applicant designate a building envelope on either lot? 11:3.8 7. Lot A o o t� Lot B o ❑ 4v 8. Is the in-house use water supply sufficient in terms of quality, quantity and 8. Lot A 4. o o dependability? 11.3.4 Lot B 'ti_. ❑ ❑ 9. Is water available to irrigate the site for crops, lawns, gardens, and adequate 9. Lot A ❑ 0 ❑ for the maximum number of animal units allowed by right or Special Review Lot B o o ❑ permit. 11.3.4 10. Has irrigation water been removed from the site? If so, when 10. Lot A o o k. 1t3.4 Lot B ❑ ❑ 11. Is the proposed land division consistent with current or future land use patterns? 11. Nit ❑ ❑ 11.3:9/11.3.10/11.3.11 12. This application does not create lots which would make further land divisions 12. o possible 11.3.9/11.3.10/11,3.11 13. Neither of the parcels related to this application are part of a previously 13. Lot A ti— 0 ❑ recorded exemption. 11.8.8 Lot B ea, ❑ o 14. How many recorded exemptio s are adjacent to this parcel or Section ? hen were they created? I,Q rmatiz.n i9lig.14__a,_- _(65 (jj�r.K. Sr•in neti rix C t 994 11.3.9/11.3.10/11.3.11 Ia1 Ot i 173 Yey No N/A 15. Are surrounding parcels larger than the minimum lot size? 11.3.10 15. QL ❑ ❑ 16. Are there unique physical characteristics on this site? 113!13:8 16. Lot A di-- 0 0 �70 rc: c; a*c__4,-, Lot B Q.- 0 ❑ `x xtA-1RS Sin, atkA.., pail c. ) Yes No N/A 17. Is the site in compliance with the zone district regulations and applicable Weld 17. Lot A V o ❑ County Health Department requirements? 11.3.5 Lot B ❑ ❑ ❑ Engineered Sewage System(s) Yes No N/A 18. Does this request comply with the Weld County Comprehensive Plan or 18. Comp Plan ti-- ❑ ❑ applicable Intergovernmental Agreements 11.3.9 IGA ❑ ❑ ❑ IGA 19. What is the proposed use of the site? Lot A Lw.cu,v,± Lot B Gr<Ct,Ctii,, a/rateako /and it) "ILU L[.-r-iJ4' 20. Did the referral agencies recommend approval of this request? 20. Yes No N/A If no, why not? - ❑ ❑ why 21. What impact, if any, will this land division have on adjacent properties? �.�7/1J .ri i:t f?t)6L UZL[a Jb 'fit- ?�CCd e/7G ri &^. , STAFF USE ONLY Date Received Size of Parcel Legal Description Location APPROVED-BOARD OF COUNTY COMMISSIONERS HEARING: Date STAFF APPROVED: Date REFERRAL LIST NAME: William Score CASE NUMBER: RE-1953 REFERRALS SENT: October 4, 1996 REFERRALS TO BE RECEIVED BY: October 25, 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 _X_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 Raymer F-2 FEDERAL GOVERNMENT AGENCIES Southeast Weld F-16 US Army Corps of Engineers _X_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 Colo.Water Conservancy Dist. Brighton Panhandle Eastern Pipe Line Co. Fort Collins Tri-Area Planning Commission Greeley _X_Eaton Ditch Longmont West Adams COMMISSION/BOARD MEMBER • • RECEIVED Of 0 7 t3P8 Kit DEPARTMENT OF PLANNING SERVICES PHONE (9(970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE 11, r• GREELEY, COLORADO 80631 C • . rah dept. COLORADO ocr 2 790� October 4, 1996 RE-1953 PARCEL NUMBER-080536000031 TO WHOM IT MAY CONCERN: Enclosed is an application from William Score for a Recorded Exemption. The parcel of land is described as part of the E2 of the NE4 of Section 36, T7N, R67W of the 6th P.M.,Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 76; east of Weld County Road 23.. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 25, 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 Kern 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. 7 We have reviewed the request and find no conflicts with our interests. . PEc°+c. CAD i-r f a.as 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: 1 L6-txcal Agency: Date: /O-�J— cjto • • 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 \ \t1 ' o , 'ice ;_i1', c.a a . Cc o r Phone 40 $Q, - yr a / / Address 1 19 N.D \,i c.`k '7 L City iii nc1\S o r State CO Zip�Q -. 2. Address or location of access 1J g y,' L it e 7? re, 7,7 7,, r Section .36 Township N Range Subdivision iv A Block //A Lot Weld County Road# 7(o Side of Road S N S E or W Distance from& number of intersecting 3. Is there an existing access to the property? Yes X No #of accesses 2 4. Site Sketch: S o WcR 76 I/y '.1.�.n. C�,> „I Er,-,.; ... j Hi '_ - LL A 1 �F We 7�0 s�; , >,, e - ? 5. Proposed use: Permanent X 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 10/24/96 09:55 FAX 970 352 2868 WELD PUBLIC WORK 0 002 -9 • 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,Est 3750 1. Applicant Name \.1i Ilia', �S'N'i t.."n c -K - `t n re- Phone lag -LSvi f I Address 119 g 4 li.j G".. '1 lQ City t�j'i riA c n r State C.c Zp WN S D 2. Address or location of access f/9 YO alb'e 74. E,urr„9 /Am.!e Section 24 Township 7 N Range S 7 "✓ Subdivision n/.4 Block ,✓A Lot Weld County Road# 7 it, Side of Road C ' N S E or W Distance from& number of intersecting 3. Is there en existing access to the property? Yes X No #of accesses_ 4. Site Sketch: .s L ' e „9Yo L-,-.4--76 - I lie — of — ._ — — L `It) c iik4_7#: -,,,:ilkio_i_ 77:. 1)". n , _,, , ...) 5. Proposed use: Z( Permanent - g ResidentiatiAgricultural _ Industrial _ Temporary _ Commercial _ Subdivision _ Other OFFICE USE ONLY Road 7(o ADT ?Co _Date e/9to Accidents # Date Road a3 ADT 5SO Date Accidents ✓8 - Date Drainage Requirement Culvert Y'S Size IS" Length 20' Alit K/ Other Comments: _ Installation authorized _ Information insufficient Special Conditions OA/e 4GGc55 PER- 6 C AK- P4/LcEGA - ,Vo ADO/7-704 4 A Fs lie _,'-r y 7-t) jr.le "7 Reviewed by: Tale: c:-.1. (el Cf 4 �k-. io. 184(0 di" , Ala F,eil mess Vl5, ble 7e to-f ',4 ', 7 10/24/96 08:55 TX/RX NO.5332 P.002 II • • (it a DEPARTMENT OF PLANNING SERVICES PHONE ((970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE WI C. u , GREELEY, COLORADO 80631 COLORADO NIalfi colwnty Planning Dept. October 4, 1996 O 1996 OCT 1 RE-1953 PARCEL NUMBER-080536000031 TO WHOM IT MAY CONCERN: Enclosed is an application from William Score for a Recorded Exemption. The parcel of land is described as part of the E2 of the NE4 of Section 36,T7N, R67W of the 6th P.M.,Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 76; east of Weld County Road 23.. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 25, 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 Kern 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. + ea e refer to t -losed letter. Signed: A Agency: (1), C 'G�/� 220/- Date: , wA a Kit WS County Planning Dept. DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 OCT 1 1 1996 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE CRECEIVED GREELEY, COLORADO 80631 COLORADO October 4, 1996 RE-1953 PARCEL NUMBER-080536000031 TO WHOM IT MAY CONCERN: Enclosed is an application from William Score for a Recorded Exemption. The parcel of land is described as part of the E2 of the NE4 of Section 36, T7N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 76; east of Weld County Road 23.. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by ctober 2 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 Kerni 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. L' 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. TC .YN of SEVERANCE Signed: Agency: P.C ROX 122 Date: !o y y� atvdiAlv(.t, WIOHAUU 80b46 (it tit.% planning DePt DEPARTMENT OF PLANNING SERVICES W�rtj PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 liiI 0 1996 WELD COUNTY ADMINISTRATIVE OFFICES co:::QCT 1 1400 N. 17TH AVENUE C. ,f ! %V+�a"' GREELEY, COLORADO 80631 COLORADO October 4, 1996 RE-1953 PARCEL NUMBER-080536000031 TO WHOM IT MAY CONCERN: Enclosed is an application from William Score for a Recorded Exemption. The parcel of land is described as part of the E2 of the NE4 of Section 36, T7N, R67W of the 6th P.M., Weld County, Colorado. The location of the parcel of land for which this application has been submitted is south of and adjacent to Weld County Road 76; east of Weld County Road 23.. For a more precise location, see legal. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by October 25, 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 Kern 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: 7 Ac6) Agency: 11.16/3 Date: 7 tli,/ fi FAX �- _ A Mil ► L.`� I _ .' , r.-: i► . r-13 - \\ cr r, 0 r -e It: a r--) , - (2 •c--k. • • i . ....- .i • ce- 2 " P-....,•ts # . a . ,-,d, 1 i I .x. 6.; cs czy — 910 9 q _ . it ..-. "' f NSN 7540-01 -317 .7 5+v��+-101 GENERAL 5EP'�1C.ES ADN;Nf5 T RATION * - stir = _____... -- • Cre. I f IT, i ' a • 1 -. i l:__— _-__• _ter _ .► ______ —�L. - .-. . . 'T��'— . . _ _ �— __rpn� _._-_ .•• • • • � / - •• hY' •fly- '�\ l:` ) hJtih ) ' '• '• C • 1 • '.1 ' 1,S,a r• '.t...• la •• 1, '- s _� 3rt 1� _ +S :r' .sfcity'•`' 1?..6 . t •7 � •:-. .Y�>-- 'l. :a •( Ili • 11‘. ••r '1 -.l, r S-na[�.♦r - Y . S- f • t-la, .4 ,l \ y _ X47\�•• •. y .V- — • • "t3 '' p'• -r .01/4% A-ti F f••r • tF j - 1 0 i •rL a_ a• C� `• r. _— _ _ Y ._s S„ ! r i • • . ...t! ..• ,— •' '•, '► 7"')"a. t - sr., ,,a r 1 , •. `�' `re'�'/•'• �'/1 /'_ �. F _ :f \ . _fig _ , r. • te'`•^.ill r `i• J S �� •i+-r"�• ._' /-.'/aC'j : • +V,. • -rr •- ► .y. ♦ ., . . 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T ^„-' Alie it •• • V.a f k c l� -It r- •T A -• - -♦ • _• .. _ r O'f .r 4•L e. 14. �_ -I. �` Wit_ .` - • � _ I I s - ! •, ' ' •.f•�.'-L •"., 1° s ^Y ,r—• -vr.r•+.♦ era._ - ^ • •p+ '•^T "J'76":.-..., -� w �. �.. tar - / T`. 'j''>• ' rt) �'•per, L_� '- - - ___,c-trl-'�i'\n t i. �'• y �< I --.Z.7.. a- !! or .• '-fit �• - 1.^-..11.- la (.. '21.- 4---' -\PJ 'I� % •. ! -- ~ t' W. ��-t ^ c•' '. j -" ' ''P -a" _ . • i•IV/• f.`�. T"a. ` �. �... ./�/, � � `,�X1 ,. �' ♦, • J ._.. - -.--.1:-..i4);' } _= ^►"" �;-:IC'{ _•. ' ! 1 .� / •i /r, I w�s1�f / . .L• •mss ter. -. • ' 4 ..,. , ....,.... ..;:: ..: .. . ........ • 7. 1.-?k"----1/2-1 .1 _ • • L ♦ - ♦ ,�••�•-• r _ Syr f;7 � �i • AI �f'i."•- }- 1 1 ''`y�Jt. t -••., .� '.'.7 It. .�' .IL.I ,� �X`. •�• , O \ :-•4.1.11.• -t� eN•- • � - .� -••PT►r 1 err %.- C3 ‘ !•i I� a f• - - �_ .mow . ♦ -. . CaSQn,en+S _ ; .. *, • ., i- :1 `` ri '[ - leera _ atiC .am. IL ` . 31- . . #• -... a i se e' ...s..„) • 4 T he-- -• f , _ _ -- .. • _ I ., ....., f _1-1 .! — . i )+�c ! • • - - r - -� ~ -. - i ��-�.-�w_-• ♦.,sue •{ - .IL., 4. •%_.- ;• I . r ---.- �* * TOTAL PAGE . 0O 1 * * - - f•, • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO) DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD) No. 708 — Close The HOMESTEAD TITLE CO. TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972. LEGAL DESCRIPTION: (See Exhibit "A" attached hereto and made a part hereof) • CONVEYANCES (if none appear, so state): Reception No. 2010327 1 , Book 1070 Reception No. , Book Reception No. , Book Reception No. , Book Reception No. • , Book Reception No. , Book Reception No. , Book Reception No. , Book This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of POMFSTFAT) TTTTP CO COMPANY, is hereby limited to the fee paid for this Certificate. InoMrg EP T F COMPANY, has caused this certificate to be signed by Witness Whereof, a 16Th y of TSe September , A.D., 19 96 , at 7:45 A.M. o'clock. its proper officer this t day P HOMESTEAD TITLE CO. Company 1 c Auth rized/Signature ,, EXHIBIT "A" RE: SCORE f � h ./,,,,,; . The Easterly one-half of the NE4 of Section 36, Township 7 North, ;ii` jf;'') ' d4 f " l Range G7 West of the 6th P.M. , according to the act-cave of raid { c+ ' �: 17E4 and divided and described as follows: 1i ,;{l . ;''44,h: { ,.,ii }�;�i�� Considering the North line of said NE4 as bearing East and '4lEj� + , r 1,11,:. West and with all bearings contained herein relative thereto. t ,l� ;' 5‘ BEGINNING at the Northeast corner of said Section 36; 't" c ` t H �j NCO thence along said North line West 1320.38 feet to the West "I . f line of the Ey ,_,f said NE4; '0 ) It e,tt4{ ; + thence along said West line 500°39'03"47 257.62 feet to the a, i � 4i ' ?1 centerline of the Eaton Ditch; Bl 0001; rl +; `! 1,/4y • thence along said centerline of Eaton Ditch the following Fi "� eleven (11) courses and distances: fi' ?i40, 4 1 'i i (1) 578°06'57"W 46.02 feet; • .li(13°�'' G d " { 4 (2) 564°53'39"W 96.06 feet; ;� Ir � '4 ` �i+, - (3) 500°06' 21"E 243.22 feet; ' 7 ++ ' 1 trt (4) S08°16'06"E 191.27 feet; - • _ ,'''•'' ;':;)� '6 (5) 524°23'40"E 168.19 feet; of t, (6) 551°16'41"E 186.87 feet; ,};+ h;;, (7) 515°00'11"E 215.17 feet; e j1 c 1'fF (8) S00°12'32"W 90.74 feet; i 41',i " ' ! " } (9) S22°34'34"W 86.25 feet; ,r^ ;�,,1 ry' s ; (10) $62°01'53"W 136.09 feet; ; ,S (11) N87°52'03"W 77.48 feet to a line that is parallel with and :3 j "�tr4 20.31 feet (measured at right angles) West of said West line of the `1'I}y1.'„? rr E4 of the NE4 of Section 36; )I!!!! 1' "t• thence along said parallel line S00°39'03"W 965.70 feet to the yli )c3 . South line of said NE4 of Section 36; (r �><} ,4 thence along said South line N89°21'45"E 1339.24 feet to the East e' w , line of said NE4; t D thence along said East line N00°41'10"E 2598.78 feet to the I'll al POINT OF BEGINNING. 'r ;ice s !,A``°' EXCEPT that portion conveyed by deed recorded March 24, 1905 in t.4 ''• Book 228 at Page 52, more particularly described as follows: " ' G' �1 A strip of land 20 feet in width off from the South aide of the : :::41 �" 7{„). 7 NE4 of Section 36, Township 7 North, Range 67 West of the 6th P.H., ` described as follows: !• V},1! BEGINNING at the East quarter corner of said Section 36 and •24s°t,�{ thence West upon the h Section line, 2614 feet (more or less) ,iji `✓ {{ to the center of said Section 36; ° c:.l? thence North on the h Section line 20 feet; l"i ;44 ( i thence East upon a line 20 feet North of and parallel to •• {('"Yj,,. I the aforesaid East and Went 4 Section line 2614 feet, more or less, ?P + ,{,I `1 to the East line of said Section 36; )' F ,::;):'.. ,,‘: ".1;.' thence South on the Section line 20 feet to the place of BEGINNING. .' ,cif , TOGETHER WITH a 30.00 foot easment for ingress and egress, the centerline of said easement being described as follows: .4/L9M�'/;'" BEGINNING at said Northeast corner of Section 36; jI , . ;! thence along the North line of said NE4 West 1335.38 feet to a q> ; }e line that is parallel with and 15.0 feet West (measured at 4'+' 'I°'.' " " 11 .' right angles) from the heat line of the Ek of said NE4 and the i ,, TRUE POINT OF BEGINNING of said easement centerline; • , thence along said centerline and parallel with said West line 600°39'03"W 219.01 feat to a line that is parallel with and �, 40.00 feat Westerly and Northerly of the centerline of said 4 Eaton Ditch; II �I +�` i!,,L.4,...-.L...!,LA thence along said parallel line the following four (4) courses ., ",111( r ' and distances; ;} , 4,1-• (1) 070°06 '57"W 44,10 feet; " jrlr (2) 064°53' 39"W 126.10 feet; 3 ai ` � „ ,+;,c (3) 600°06' 21"E 271.55 feet; • i ,•+," 1 ,31 }, ' ` ` } (4) S08°16'06"E 184 .72 feet to the Westerly prolongation of the .,), ,44%•."11 " ' i centerline of an existing brides; , , Ra ' 'c' '', h(z; thence along said Westerly prolongation and centerline of an '��» ti; 6 ,i,GAi ljE, ! existing bridge N83°27 ' 08"E 40.02 feet to the centerline of lgiV l Y ; �<:74 4: t11: said Eaton Ditch and the terminus of said easement centerline. ' „ v.„,v..„,„,.„.,,, 1„ r1 Yy4114 "A S 'li]i.'�litIcit d•!."!#'1:11'''„ v - . iiiate.4*n" ! F, - 13 1070 REC 02010327 05/20/85 16:27 $6.00 1/002 1. . AR2010327 F 0474 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO i . f i r WARRANTY DEED . jl RECORDER'S STAMP ,,.. { t •' THIS DEED,Made Ibis 20th day of lvt.ly ,19 8'i t ' ] twins State Documentary Fee 1 aalc�T F. EATON Date_.MA.Y..2.D.1985_, G s '7,SO I I. t of the 'County of Latimer and State of --" h g Colorado,grantorls),and WILLIAM TM1 R. SCORE and DIANA L. SCORE 3 !'t s i + r . u t j I $-1 nave - ` l whose legal address is I! 3na S tai IJAJOR, Ce, ydSSla f of the County of Weld. and State of Colorado,grantees: 1 f { � WITNESS,that the grantods),for and in consideration of the sum of Seventy Five Thousand DOLLARS• fi li. the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents '; I f Doc Fee do es grant,bargain,sell,convey and confirm unto the grantees.their heirs and assigns forever,not in tenancy in common but :, ill l:. 7.50 In joint tenancy,all the real property together with improvements,if any,situate,lying and being in the Camay I 1 of Weld and State of Colorado,described as follows: Illy'• Lk 1 ? tlxl ! { t- 1 4 I` 4 SEE EXHIBIT "A" AT7TC7HD HERETO ;� r nnas:` 1 r t p 1 t' 'Ic I F a , also known by street and number u l'..-I '•I,;f 'TOGETHER with all and singular the heredltaments and appurtenances theneumo belonging.or in aaywle appertaining.the; ! I 0 3, reversion and reversions,remainder and remainders,rents.Issues and profits thereof,and all the tame.right,tide,leanest.claim ad s i•: ' :f i demand whatsoever of the grantorta).tither In law or equity,of,In and to the above bargained premises,with the haedimmme and f 1 I,. 11 ,u { appurtenances, TO HAVE AND TO HOLD the said premises oboe bargained and described,with the appurenanm.unto the melees.their heirs 1,. II...,.. I - and assigns forever. And the grantor(s), for him set f . his heirs and personal representatives do covcrotl. I.r !f,6, grant,bargain and agree to and with the grantees,their heirs and assigns,that a the time of the emtailingg and delivery of that . II'', i il presents be is well aired of the premises above conveyed.has good,mule.pafea,abfolue tad indefeasibkessat ,/;. .14t:' ' of inheritance,in law.In fee simple,and has good right,full power nd lawful authority mantra,bargain,sell and cmveythe same in , „ manner and form aforesaid, and that the same are free and clear from all former and other amen,bargains.sales.Iam taau.. • sl ' Ipr 1985 General Ebel-Estate ,, l+ 1 assessments.encumbrances and restrictions or whale :r kind or nature soever.except taxes due and payable in 1986 and all subsequent Woes 'hereto, reservatiats, I• Ir y restrictions, easements and rights of lay of record. r}" and the above bargained premises In the quiet and peaceable possession of the grantees.their bens and assigns.against all end every G person or persons lawfully claiming or to claim the whole orany pan thereof,thegranlor(s)shall and will WARRANfANDFOREVER I " ( f at P DEFEND, r . {, 1`1s , , IN WITNESS WHEREOF the grammrts)has executed this deed oA Ilea dale set falh ! I t i /• gist F. Fatal X,; " ''',, ,‘Sc..,; ;lfr +• ` STATE OP COLORADO o 1h. s' t- ' County of Weld t w ! `'P, • The foregoing Imtrlment was acknowledged before me In the County of Weld .Stee i , t Q of Colorado,this 20th day of May .19 85 by Dwight F. Eaton ' f I,11 "Ili" n . asg� 704 �'jY�'7 My commission°apnea Dec. 1 ,I9 86 Wilma my had ad°MIA aW, v.Lcs!a II?, hi/gyp► Mfs tt �tsrsi. , t E 4 a-0'C" le t Ijxt t�, 14 °•.PU B��G' 'h 918 10th Street w Ib.� `., rt-Tt`yb qq •• ti4,t+pm�us,.r' Greeley, CO, 80631 ;' s='t , � : 111‘,$.,•'',":,;.( .,•:..,),,,_ *II IrliW1181 a'CIhy read." r d d i [ r I "i•;yr tea , Na.?II.KEY.2.51. mail AMY DYED Ile Mel Crewel 9rWa.d tualebpi fill w eh Me.Lamed,COIo1R-003110 Hon se 1 IiV it 5u . S „ ,;eel . 1 • • I. EXHIBIT "A” , . t Legal description attached to Warranty Deed dated May 20, 1985 } ., B 1070 REC 02010327 05/20/05 16:27 $6.00. 2/002 `n' ' F 0475 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, Co P , ; The Easterly one-half of the NE4 of Section 36, Township 7 North, a) I„ Range 67 West of the 6th P.M. , according to the acreage of said ,4 I rc '\ NE4 and divided and described as follows: Considering the North line of said NE4 as bearing East and West and with all bearings contained herein relative thereto. 5 BEGINNING at the Northeast corner of said Section 36; ::::1 thence along said North line West 1320.38 feet to the West . ! 'a}_line of the E§ �f said NEh; thence along said West line S00°39'03"W 257.62 feet to the :+ , centerline of' the Eaton Ditch; thence along said centerline of Eaton Ditch the following eleven (11) courses and distances: (1) 578°06'57"W 46.02 feet; (2) $64°53'39"W 96.06 feet; { (3) S00°06'21"E 243.22 feet; _ ' (4) 508°16'06"E ;91.27 feet; ` (5) 524°23'40"E 168.19 feet; `t ; `M (6) S51°16'41"E 186.87 feet; (7) 515°00'11"E 215.17 feet; .• i (8) 600°12'32"W 90.74 feet; (9) S22°34'34"W 86.25 feet; (10) $62°01'53"W 136.89 feet; W; (11) N87°52'03"W 77.48 feet to a line that is parallel with and 20.31 feet (measured at right angles) West of said West line of the ;- ; Eh of the NE4 of Section 36; � thence along said parallel line 500°39'03"W 965.70 feet to the l South line of said NEh of Section 36; thence along said South line N89°21'45"E 1339.24 feet to the East line of said NEh; t. thence along said East line N00°41'18"E 2598.78 feet to the POINT OF BEGINNING. EXCEPT that portion conveyed by deed recorded March 24, 1905 in y. Book 228 at Page 52, more particularly described as follows:A strip of land 20 feet in width off from the South side of the 1 f. NEh of Section 36, Township 7 North, Range 67 West of the 6th P.M.. i . described as follows: i . BEGINNING at the East quarter corner of said Section or less) thence West upon the h Section line, 2614 feet (more . '. to the center of said Section 36; thence North on the 4 Section line 20 feet; � {f' . thence East upon a line 20 feet North of and parallel to the aforesaid East and West 4 Section line 2614 feet, more or less, CE 1.. ' to the East line of said Section 36; thence South on the Section line 20 feet to the place of BEGINNING. p.,. TOGETHER WITH a 30.00 foot easment for ingress and egress, the i. centerline of said easement being described as follows: . . BEGINNING at said Northeast corner of Section 36; thence along the North line of said NE4 West 1335.38 feet to a line that is parallel with and 15.0 feet West (measured at right angles) from the hest line of the Ey of said NEh and the .. � , .- TRUE POINT OF BEGINNING of said easement centerline; ;<.. thence along said centerline and parallel with said West line 600°39'03"W 219.81 feet to a line that is parallel with and 40.00 feet Westerly and Northerly of the centerline of said r ,, , Eaton Ditch; ° I , thence along said parallel line the following four (4) courses b ,. I and distances; t` (1) 678°06 '57"W 44.18 feet; (2) 864°53'39"W 126.18 feet; If n i . (3) 800°06'21"E 271.55 feet; l: �I, £ ; .`n ' I (4) SOB°16'06"E 184.72 feet to the Westerly prolongation of the , ; t. centerline of an existing brides; is D1r , rt'' thence along said Westerly prolongation and centerline of an � ( �° ' existing bridge N83°27'08"E 40.02 feet to the centerline of : s: � ' F i '" r'. said Eaton Ditch and the terminus of said easement centerline. X �[ , 0 AFTER RECORDING PLEASE RETURN TO: FIRST COLORADO MORTGAGE 375 E. HORSE-TOOTH 01-101 FORT COLLIN3r CO 80525 • [Space Above This Line For Recording Data] Loan #: 16212 DE OF TRUST THIS DEED OF TRUST ("Security Instrument") Is made on November 4th 1.9.93 , among the grantor, William R. Score and Dianne K. Score : wee), the Public Trustee of Weld County ("Trustee"), and the beneficiary, FIRST COLORADO LENDING CORPORATION , which is organized and existing under the laws of thugState of Colorado , and whose address Is 375 E. Horsetooth Road #1-101 Fort C.9I!s,`CO 80525 -- ------ --- -- -- — (`Lender"). Borrower owes Lender the principal sum of One Hundred Twenty Five Thousand and 00/100 Dollars (U.S.$ 125 OdQ00 ). This debt Is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on :3ecember1. 2023 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by•the Note, with Interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with Interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of B'yiower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the c:2bt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located In Weld County, Colorado: SEE ATTACHED which has the address of 11940 Weld County Road 76 , Windsor Street City Colorado 80550 ("Property Address"); - Zip Code TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and addltons shall also be covered by this Security Instrument. All of the foregoing is referred to In this Security Instrument as the "Property" BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants fc' national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real r.roperty. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrov er shall promptly pay when due the principal of and Interest on the deb! ev!denee'd by the Note and any prepayment and late charge, :1ue under the Nete 2. Funds for Taxes and Ir',surtnce. Subject to app'icabie law or to a written waiver by Lender, LDorrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum (";unds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a iron on the Property; (h) yearly leasehold paymen!c or ground rents on the Property, it any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, it any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payahle by Borrower to Leudeer. In accordance with the provisions of paragraph ft, in lieu of the payment of mortgage insurance premiums. These dens ate called "Escrow Items'. Lender may, at any trine, culled and hold funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account tinder the federal Real Estate Settlement Procedure; Act of 1914 as amended horn time to time. 12 U.S.C. i3 260! et seq. ("RI=SPA"), unless another raw that applies to the Funds sets a lesser amount. ! se, !ender rim;'y, at any tin's', 6)tlr'et and hrrirf funds in an amount not to exceed the lesser amount. Lender may :istirnate the amount of funds duo on tt'e h:rsi; of cu,ivrrt slims am! reasonable estimates of expenditures of future Escrow Items or ourc.rwise in accordance with at:pltc:tlrie law. • COLORADO - Ircyie carniiy - Fannie Mae/Freddy Mac UNIFORM ;NSTRU!+'r:NT I turn 301)6 1.Lh•i (7/93) Page ' of 5 16,;!12 , The Funds shall be held in an union whose deposits are insured by a feder ncy, instrumentality, or entity (including Lender if Lender is such an Institutio In any Federal Home Loan Bank. Lender shady the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall he paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and ?i.a purpose for which each debit to the Funds was made. the Funds are pledged as additional security for all sums secured by this Security Instrument. • If the Funds held by Lender exceed the amounts permitted to be held be applicable law, Lender shall account to Borrower for the excess Funds In accordance with the requirements of applicable raw. If the amount of the Funds held by Lender at any lime Is not sufficient to pay OM Escrow Items when due, Lender may so notify Borrower In writing, and, In such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund re Borrower any Funds held by Lender. If under paragraph 21, Lender shall acquire or sell the Properly, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to Interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on lime directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. It Borrower makes these payments directly, Borrower shall promptly furnish to Lender ,receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien In, leoal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. It Lender determines that any part of the Property is subject to a lien which may attain priority over this Security instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy 'ne lien or take one or more of the actions set forth above within le days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Properly insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or floodrrrg, for which Lender requires insurance. This insurance shalt be maintained in the amounts and for the periods that Lender requires. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights In the Properly in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall Include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unlcys Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, If the restoration or repair is economically feasible and Lender's security Is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall he applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. it Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether' or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property Is acquired by Lender, Borrower's right to any insurance aolicies and proceeds resulting Irr n damage to the Property prior to the acquisition shaft pass to render to the extent of the suns secured by this Security Instrument no^rediately prior to the acquisition. • 6. Occupancy, Preservation, Maintenance and Protection of the F roperty; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Properly as Borrower's principal residence within s.xty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating-circumstances evict which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default it any forfeiture action or proceeding, whether civil or criminal, .s begun that, in Lender's good faith judgment could result in forfeiture of tire Properly or otherwise materially impair the lien crea'.rd by ,his Security Ines uureut or er nits zeuunty interest Borrower 'nay cure such a default and reinstate, as provided in paragraph 21, by causing the action or proceeding to be dremrsed with a ruling that, in Lender's good faith determination, prec'udett forfeiture of the Borrower's Interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default it Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or tailed to t ow(ie Lender with any material information) In connection with the loan evlr'enced try the Note, including, but not limiter) to, n•presentallons concerning Borrower's occupancy of the Properly as a principal residence. If this Security Instrona:nt is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires lee title to the Property, the leasehold and the lee title shall not merge unless Lender agrees to the merger Irt writing. `0)1.LMe (7/93) Page 2 of 5 16712 7. Protection of Lender's hts In the Property. If Borrower fails �er!orm the covenants and agreements contained In this Security Instrument, o rare is a legal proceeding that may significantly affect the Lender's rights In the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever Is necessary to protect the value of the Property and Lender's rights In the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Securiry Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 .stall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other term, of payment, these amounts shall bear interest from the dale of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 9. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintar•.1 the mortgage insurance in elle,- If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the ,n,.:'r sums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower or the mortgage insurance previously In effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a !ass reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option or Lender, if 'mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall puy the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreements between Borrower and Lender or applicable law. 9. Inspection. Lender or Its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the even! of a partial taking of the Property in which the fair market value of the rropery immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree In writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by el)) the fair market vaiue of the Property immediately before the taking. Any balance shall be paid to Borrower. in the event of a partial taking of the Properly in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree In writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property Is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor oilers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notion is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree In writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of. the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shalt not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise readily amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of . this Security Instrument shall bind and benefit the successors and assigns of Lender and Burrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shalt be joint and several. Any Borrower who co signs this Security Instrument but does riot execute the Note: (a) is co-signing this Security Instrument only lc mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is riot personally obligated to pay bee sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument Is subject to a law which sets maximum loan charges, and that law Is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the !earl exceed the permitted limits, then: (a) any such loan charge shall be reduretd by the amount necessary to induce the charge to the permitted limit; and (hi any sums already collected Irony Borrower which exceetred permitted limits will be refunded to Borrower_ Lender may choose to make this refund by (educing the principal owed under the Prote or by making a direct payment to Borrower. It a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower,provided for In this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower, Any notice provided for in this Security Instrument shall he deemed to have been given to Borrower or Lender when given as provided in this paragraph. J61.LMG (7/+33) Page 3 or 5 • 16212 • • 15. Governing Law; Severe ally. This Security instrument shall be governed b'deral law and the law of the jurisdiction in which the Properly Is located. In the event that any provision or clause of this Security Ins r.: • • ,1 or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note r: f at this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred rind Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in lull of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. if Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower tails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgernent enforcing this Security Instrument. those conditions ale that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred, (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights In the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shalt not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or partial Interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result In a change In the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sere of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Properly. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Propeny of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Properly and any Hazardous Substance or Environmental Law of which Borrower (ras actual knowledge. ,If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Entironnlental Law. As used In this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and ra dine clrve materials As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: • 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of 'any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a dale, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security instrument without further demand and may :invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to. reasonable attorneys' fees and costs of title evidence. '^51.LM0 (7/93) Page 4 of 5 16712 • If Lender Invokes the pow r of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale In the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one of more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' tees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. lru;tee shall reiease this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 23. Waiver of Homestead. Borrower waives all right of homestead exemption In the Property. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Adjustable Rate Rider Condominium Rider ❑ 1-4 Family Rider Graduated Payment Rider [ Planned Unit Development Rider ' Biweekly Payment Rider C' __i Balloon Rider Rate Improvement Rider .Second Home Rider r, V.A. Rider ❑Other(s) [Specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In Ih s Security Instrument and in any rider(s) executed by Borrower and recorded with it. • Witnesses: (Seal) Borrower William R. Score (Seal) Borrower Dianne K. Score • (Seal) Borrower (Seal) Borrower [Space Below Thls Lino For Acknowledgement] STATE OF COLORADO 55. COUNTY OF Weld The foregoing Instrument was acknowledged before me this 4th day of November _ 1993 by William R. Score and Dianne K. Score Witness my hand and official seal. My commission expires: Notary Public 761.LM0 (7/93) Page 5 of 5 16719 • • fu"�m'No:1068 4-C(C0437) • • • SCHEDULE C The land referred to In Schedule A is situated in the State of Colorado, County of and is described as follows: • The Easterly one—half of the NE1/4 of Section 36, Township 7 North, Range 67 West of the 6th P.H. , according to the acreage of said NE1/4 and divided and described as folloCm: Considering the North line of said NEI/4 as bearing East and West and with all hearings contained herein relative thereto. BEGINNING At the Northeast corner of said Section 36; thence along said North line West 1320.38 feet to the West line of the E1/2 of said NE1/4; thence along said West line SO0°39'03"W 257.62 feet to the centerline of the Eaton Ditch; thence along said centerline of Eaton Ditch the following eleven (11) courses and distances; (1) 578°06'57"W 46.02 feet; (2) $64 ' 9"iy' 96.06 .feet;. (3) SOO°06'21"E 243.22 feet; (4) SOB*16106"E 391.27 feet; E5) S24°23'40"E 168. 19 feet; (6) 551116'41"E 186.87 feet; (7) SL_'+°()0' 11"i"s 215. 17 feet; (8) S0U°.[2'32"',f 90.74 feet; (9) S22.°34'34"W 86.25 feet; (10) $62°01'53"W 136.89 feet; (il) N87°57.'03"W 77.48 feet to a line that is parallel with and 20.31 feet (measured at right angles) West of said West line of the E1/ 2 of the NE1/4 .of Section 36; thence along said parallel line S00°39'03"W 965. 70 feet to the South line of. said NE1/4 of Section 36; thence along said South line N89°2.1'45"E 1339.24 feet to the East line of said NE1/4; thence along said East line NU0"41'18"E 2598.78 feet to the POINT OF BEGINNING. EXCEPT that portion conveyed by deed recorded March 24, 1905 in Book 228 at Page 52, more particularly described'as follows: A strip of land 20 feet in width off from the South side of the NE1/4 of Section 36, Township 7 North, Range 67 West of the 6th P.H. , described aq follows: BEGINNING at the East quarter corner of said Section 36 and thence. West upon the 1/2 Sect&on line, 2614 feet (more or less) to the center of said Section 36; thence North on the 1/2 Section line 20 .feet; thence East upon a line 20 feet North of and parallel to the aforesaid East and West 1/2 Section line 26[4+ feet, more or less tocthe East line of said Section 36; thence South on the .Section line 20, feet to the place of beginning. TOGETHER WITH a 30.00 foot easement for ingress and egress, the centerline of said easement being described as follotas; BEGINNING at said Northeast corner. of Section 36; thence along the North line of said NE1/4 West 1335.38 feet to a line that is parallel with and 15.0 feet West (me.esur.ed at right angles) from the West line of the E1/2 of said NE1/4 and the TRUE POINT OF BEGINNING of said easement centerline; thence along said centerline and parallel with said Went line SOO°?9'03"W 219.81 feet to a line that is parallel with and 40.00 feet Westerly and Northerly of the centerline of said Eaton-Ditch; thence along said .parallel line the fallowing four (4) courses and distances; (1) `S78 86'57"W 44. 18 feet; (2) 964'53'39"W 126.18 feet; (3) S00°06'21['6 271 .55 feet; (4) 508°16'06"E 184 .72 feet to the Westerly prolongation of the centerline of an<.existing bridge; thence along said Westerly prolongation and centerline of an existing bridge N83"27'OB"E 40.02 Feet to the centerline of said Eaton Ditch and the terminus of said easement centerline. 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