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Home My WebLink About740276.tiff • J L//X_ FCC-4/ RESOLUTION WHEREAS, heretofore and on February 28, 1973, by Resolution • the Board of County Commissioners, Weld County, Colorado, did deny expansion of an existing dog kennel operation on the premises described as follows: A tract of land located in the Southeast Quarter (SE4) of Section Twelve (12), Township Two (2) North, Range Sixty-Eight (68) West of the 6th P. M. , Weld County, Colorado, and more particularly described as follows: • Beginning at the Southeast Corner of said Section 12, • thence North along the East line of said Southeast Quarter a distance of 494. 0 feet to the true point of beginning, thence continuing North along the East line of said Southeast Quarter a distance of 330 feet to a point; thence South 89° 15' 30" West and parallel to • the South line of said Southeast Quarter a distance of 1329. 42 feet; thence South 00° 0' 33" West and parallel to the East line of said Southeast Quarter a distance of 330 feet; thence North 89° 15' 30" East and parallel to the South line of said Southeast Quarter a distance of 1330. 27 feet to the true point of beginning, containing 10. 07 acres more or less, and WHEREAS, upon appeal from the decision of the Board of County Commissioners, Weld County, Colorado, by Patrick Collins, the District Court of the County of Weld, State of Colorado, in the case entitled Patrick Collins vs. Board of County Commissioners of Weld County, Colorado, et al. , Civil Action No. 23858, did reverse the decision of the Board of County Commissioners and ordered the denial be set aside and that the application be approved. NOW, THEREFORE, BE IT RESOLVED, by the Board of'County Commissioners, Weld County, Colorado, that pursuant to the hereinabove mentioned Judgment and Order of the Weld County District Court, the application of Patrick Collins to expand an existing dog kennel operation on the land indicated above be, and it hereby is granted under the conditions following: 1. That any water and sanitation facilities to be installed shall be approved by they State Health Department. 2. That when expansion of said dog kennel operation is completed same shall not contain more than 80 dogs at any one time. 3. That petitioner shall proceed with due diligence to effect expansion of said dog kennel operation and shall have up to one year from date hereof to complete expansion of same; otherwise, the Board on its own motion, for good cause shown, may revoke this permit. 4. That said expansion shall be limited in size in accordance with plans and specifications as submStted and made a part of this Resolution by reference. PL0655 740276 5. That all applicable subdivision and zoning regulations shall be followed and complied with in accordance with the zoning resolutions of Weld County, Colorado. Dated this 9th day of January, A. D. , 1974. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ..gy p.. .� Weld County Clerk and Recorder and Clerk to the Board Byw ��k74.7 J. - Deputy Cotty Clerk AP VED AS O FORIVI: 'County Attorney -2- PC —.l�infff.f�af' APPLICANT : Gordon `mcLain (Lochbuie Development.-TA FILE NUMBER: SUP #189 • RESOLUTION : By the Board of County Commissioners to grant site • approval for a sewage treatment facility subject to Planning staff' s recommendations . Dated 12/26/73 APPLICANT : Amoco Production FILE NUMBER: Z-230 • RESOLUTION : By the Board of County Commissioners to grant rezoning from " I " Industrial to "A" Agricultural . Dated 12/26/73 APPLICANT: Fred Gibbs FILE NUMBER: SUP #227 RESOLUTION : By the Board of County Commissioners to approve location of a cattle an.d sheep feeding operation subject to Planning staff recommendations . Dated 12/26/73 APPLICANT: Phillips Petroleum Co . FILE NUMBER: SUP #232 • RESOLUTION : By the Board of County Commissioners to approve • location of a natural gas liquid extraction plant ' subject . • to Planning staff recommendations . Dated 12/26/73 APPLICANT: Phillips Petroleum Co . • FILE NUMBER: SE-23 RESOLUTION : By the Board of County Commissioners to grant exemption from the definition of the terms' "subdivision" and "subdivided "land" as provided for in the new• Weld County Subdivision Regulations at Section 2-1 , A: , (3 ) adopted August 30 , 1972 . Dated 12/26/73 • SUBJECT : Zoning Resolution Amendments FILE NUMBER: A-8 RESOLUTION : By the Board of County Commissioners to adopt amend- ments of the Weld County Zoning Resolution to Section 1 . 1 , Section 3 . 3 , Section 3 . 14 , Section 6 . 1 and Section 12. 2, USES PERMITTED IN THE "A" AGRICULTURAL DISTRICT . Dated 1/9/74 (effective date 12/26/73) APPLICANT : Patrick Collins FILE NUMBER: SUP #89 RESOLUTION : By the Board of County Commissioners to grant expansion of an existing dog kennel operation . Dated 1 /9/74 • • 974 APPLICANTS5 De Kalb AgResearch , Inc. CASE NUMBER: SUP #86 RESOLUTION : By Board of County Commissioners to grant request for commercial pullet raising operation . Dated 4/21 /71 APPLICANT: Henny-Penny, Inc . CASE NUMBER: SUP #90 ORESOLUTION : By Board of County Commissioners to grant request •for commercial egg operation . Dated 4/21 /71 . APPLICANT: Clyde L.. Davis CASE NUMBER: Z-172 - RESOLUTION: By Board of County Commissioners to grant zone n change and Unit Development Plan . Dated 4/21 /71 ; ter' APPLICANT: Everett D. Motz CASE NUMBER: SUP #92 RESOLUTION: By Board of County Commissioners to grant request for site approval of dog kennel . Dated_ 4/21'/71 APPLICANT: • Patrick Collins / U . CASE NUMBER: SUP #89 / RESOLUTION : By Board of County. Commissioners to grant request for site approval of dog kennel , Dated 4/21/71 APPLICANT: Fort Lupton Development Corporation . • CASE NUMBER: 'Z-174 I- RESOLUTION: By Board of County Commissioners to grant zone . • Change A"A to "I" . Dated 4/21 /71 . • FILE NUMBER : A-7 REBoaUTION: By Board of uCounty Commissioners to amend the Weld County Subdivision Regulations - Section IX "Fees " Section X becomes Section XI , Section XI-,• becomes Section XII . Dated 4/21 /71 Respectfully submitted , Dorothy ll Secretary • • • • • O • 4/20/71 535 The Weld County Planning Commission held a regular meeting Tuesday , December 19 , 1972 at 4 : 00 P . M. in the office of the County Commissioners , Court House . Roll call was as follows : Glenn Anderson , Chairman Present Bill• Elliott e Present J . Ben Nix Present Elmer Rothe - Present John Watson Present Donald Clark Absent Ronald Heitman Absent John Weigand Absent Others : Burman Lorenson , Planning Director Present Tom Connell , Ass ' t . County Attorney Present Glen Paul , Sanitarian Present As a quorum was present , the Weld County Planning Commission was ready to do business . SUBJECT : Minutes MOTION : By Mr. Rothe to approve the minutes of the last regular meeting as mailed. Second by Mr. Nix . A unanimous vote of "Aye" . Motion carried. APPLICANT : Emanuel Eckas CASE NUMBER: SUP #182 tape 465 SUBJECT : Feeding operation LOCATION : SWa SE4 Sec 15 T4 R64 APPEARANCE : Mr. and Mrs . Eckas DISCUSSION : Mr. Lorenson recommended the application be approved as it agrees with the Planning Commission Land Use Policy , it is com- patible with surrounding land use and zoning , it is recommended for approval by the Health Department, it is considered good design by the Extension office. No pollution hazard is noted . Water is avail - able from Central Weld Water District . If approved it should be sub- ject to construction limited to the pen size of 40 ,000 sq. ft. and facilities shown on Exhibit A and construction to begin within one year of approval by the Board of County Commissioners . RESOLUTION: Be it therefore resolved to recommend approval to the Board of County Commissioners subject to the recommendations of the planning staff: Motion by Mr. Rothe , second by Mr. Watson. A vote of "Aye" by Anderson , Elliott , Nix , Rothe and Watson . Motion carried . APPLICANT : Robert Hoff CASE NUMBER : S-101 tape 465 SUBJECT : Sandy Knolls Estates , Second Filing LOCATION : SEa Sec 29 T5 R64 APPEARANCE: Dr. Hoff, Jay Freese DISCUSSION: Mr. Lorenson recommended the plat be approved as it follows the approved preliminaty plan . It should be subject to the County 844 Commissioners acceptance of land dedication and subdivision im- provement agreement and bond . A statement on the plat showing no access to County Road 53 from Lots 1 and 2 , Block 2 and several minor corrections on the plat. Mr . Lorenson stated Dr . Hoff is proposing the dedication of lot 10 , Block 1 in order to fulful the park requirements of the Subdivision Regulations , approximately 1 . 1 acres . In the improvement agreement there will be two more hydrants installed , street signs and street monuments . There is an existing bond. from 1968 . The County Attorney will have to determine if this bond is valid to cover this filing. The cul -de-sac to be constructed is in the property owned by Housing Unlimited . An agreement between them and Dr. Hoff will have to be resolved before submitting the resolution to the County Commissioners . • RESOLUTION : Be it therefore resolved to recommend approval to the Board of County Commissioners subject to an agreement regarding the bond- ing for the improvements . Motion by Mr. Nix and second by Mr. Watson . A vote of "Aye" by Anderson , Elliott , Nix , Rothe and Watson . Motion r carried . / APPLICANT : Patrick Collins CASE NUMBER: SUP #89 tape 465 SUBJECT : Expansion of dag kennel LOCATION: SEa Sec 12 T2 R68 APPEARANCE : Mr. and Mrs . Collins , Richard Wright , Attorney DISCUSSION : - Mr. Lorenson stated the planning staff recommended denial . Continued expansion in residential area will increase conflict with adjacent residents . The Colorado Division of Water Resources gives the opinion that "the well permit issued to Mr. Collins would not allow him to use the water from that well for an 80 dog kennel " . Mr. Lorenson read the letter from the Colorado Division of Water Re- sources. Mr. . Wright stated he was unaware of this letter or that there was a problem regarding water. Mr. Collins indicated water is available from a water line which is just a short distance to the south of them. Mr. Wright presented plans showing the existing and proposed facilities . Mr. Collins will devote full time to the kennel if the application is approved . There is a kennel on the adjoining property. Mr. Lorenson suggested if it is recommended for approval , it should be subject to a contract for the water. RESOLUTION : N Be it therefore resolved to recommend approval to the Board of County Commissioners subject to the recommendations . Motion by Mr. Nix , second by Mr. Watson . A vote of "Aye" by Anderson , Elliott , Nix , Rothe and Watson . Motion carried . APPLICANT : Panhandle Eastern Pipeline Company CASE NUMBER: SUP #183 tape 466 SUBJECT: Gas storage and transmission facilities LOCATION : NWa Sec 14 T2 R67 APPEARANCE : Walker Miller DISCUSSION : Mr. Miller presented the application , stating the property is being leased. The facility is to extract the impurities from the gas and the liquids . Mr . Lorenson stated the planning staff recommends approval as it is consistant with the' Land Use Policy, it is compatible with surrounding land use and zoning. The site is poor agriculture use . There is conditional approval by the Health Dept. If approved it should 845 be subject to a permit from the Colorado Air Polllution Control Commission , a planted screen on the north , east and west side of the site . Construction should be limited to the items shown on Exhibit C , C-1 , C-2 , C-3 , and C-4. Construction to begin with- in one year of approval by the Board of County Commissioners. RESOLUTION : Be it therefore resolved to recommend approval to the Board of County -Commissioners subject to the recommendations of the planning staff. Motion by Mr . Nix , second by Mr. Rothe . A vote of "Aye" by Anderson , Elliott, Nix , Rothe and Watson . Motion carried . SUBJECT : Sewage Treatment plant for Spacious Living LOCATION : Sec 31 T1 R65 APPEARANCE : Gordon McLain DISCUSSION : Mr. Glen Paul asked to have this application on the agenda as a discussion item. Mr . Paul stated they have had a lot of trouble with the septic tanks in the area . Mr. McLain has bought the dev- elopment and is willing to put in all the sewage facilities and re- commended this be done . The system will have to be approved by the Weld County Health. Department and the State Health Department. Mr. McLain stated he will be responsible for the maintenance of the plant. There are approximately 270 dwelling units . Mr. Lorenson stated on the Lochbuie Development submitted and the design criteria is to provide not only sewer service to the existing units , but the proposal is for another 1500 dwelling units or a population of 5250 or a grand total of 6125 . The design is approximately 700% over the existing requirements . If approval is given for this size facility , it should be considered in no way an implication that a new development or new town would be approved . Mr. Mclain said any future development that would be proposed would be on the order of Dacono , the sale of lots and modular units or an incorporated town . No action was taken . SUBJECT : Section 9 of the Subdivision Regulations DISCUSSION : Mr . Lorenson stated the State Land Use Commission requested the term "minor subdivision" be changed to "recorded exemptions " . Section 9 will have to be amended to change the wording. The procedure will remain the same . The changes need' to be reviewed and action taken at the next regular meeting . SUBJECT: Property owned by Jerry Bigbee DISCUSSION : The property in question was recommended for denial by the Planning Commission for a Mobile Home Subdivision . Mr. Bigbee would like some suggestions from the Planning Commission on what would be allowed to utilize the property. Mr. Bigbee has suggested a wide variety of agricultural uses and is willing to put it into a Planned Unit Development form for five acre parcels . The question of where the water would come. from was brought up . ANNOUNCEMENT : The first meeting in January will be Monday , January 8th instead of January 2nd . 846 An executive meeting was held at 6 :00 P. M. at the American Legion. Roll call was as follows : Glenn Anderson , Chairman Present Bill Elliott Present Elmer Rothe Present J . •Ben Nix Present Others : Marshall Anderson , County Commissioner Present Harry Ashley , County Commissioner Present Glenn Billings , County Commissioner Present Betty Schulte Present SamTelep , County Attorney Present Burman Lorenson , Planning Director Present Jim Ohi , Planner Present Allen Jost, Planner Present Marla Swedland , K. F. K.A. Present Mr. Anderson called the meeting to order. SUBJECT: Comprehensive Plan for Weld County. DISCUSSION : Jim Ohi went into detail of the proposed Plan regarding what the Plan actually is and the intention of the Plan . It is a guide for future development in the County. It makes a broad 1/4 evaluation of the County' s assets and the forces of growth and change that may irreparably alter these assets . The Plan presents the likely results of. these forces if they are not guided and ac- commodated in a logical and coherent way. The Plan then discusses the choices that are available to the County as it enters an era of unprecedented growth and development. As a result of this analysis of assets , the forces of change that are acting upon these assets , and the alternatives open to the County ( including that of allowing what may happen to happen) , the Plan proposes a direction of growth and development that the Planning Commission staff feel will protect the assets; that make Weld County a desirable place to live and , at the same time , accomodate and direct urban growth in a way that will lead to coherent communities . After further dis- cussion of the proposed Plan , the meeting adjourned. Respectfully submitted, Doro�-47CX-anda�tary 847 APPLICANT: Ivan Gilbaugh CASE NUMBER: Z-206 RESOLUTION : By the Board of County Commissioners to grant the zone zone A, to A-UD subj . to official unit development plan being submitted . Dated 12/13/72 SUBJECT : Vacation , abandonment and closing of a portion of County Road No . 54 - south side of Sec . 23 and 24 , T4 R64 east of St. Highway 34 and a portion of Co . Rd . 59 between Sec. 25 and 26 . RESOLUTION : :By Board of County Commissioners . Dated 12/ 6/72 . APPLICANT: Interladco , Inc . CASE NUMBER : S-97 RESOLUTION : By the Board of County Commissioners to deny the approval of Indianhead Subdivision on grounds set forth in the Board ' s findings . Dated 12/20/72 152. acres , 114 lots . APPLICANT: Rick Dill . CASE NUMBER: SUP #179 RESOLUTION: By the Board of County Commissioners to grant approval for a dairy operation , limited to pen size of 37 ,000 sq . ft . and construction to begin within 1 year. Dated 12/20/72. APPLICANT: Denver Metro Trap Skeet Club CASE. NUMBER: SUP #181 RESOLUTION : By the Board of County Commissioners to grant approval to locate a trap and skeet shooting range , limited to size shown on plan submitted , and meeting all requirements of American Trap Association and National Keet Shooting Association. 12/20/72 APPLICANT: Weld County Planning Commission CASE NUMBER: Z-210 RESOLUTION : By the Board of County Commissioners to grant the change of zone "MH" to "A" as originally zoned. Dated 12/20/72/ 53 acres , 23 lots . 4 FILE NUMBER: A-8 - Zoning Amendments RESOLUTION : By the Board of County Commissioners to amend Section III - 3. 13 and 3. 14 and add Section III - 3 . 15 for Airport Zoning . Dated. 12/20/72 APPLICANT: N .H .P .Q . CASE NUMBER : S-99 RESOLUTION : • By the Board of County Commissioners to approve the Vacation and Rededication of a Part of Highland Hills . 12/20/72 SUBJECT: Agreement with the Town of Windsor for Planning Services RESOLUTION : By the Board of County Commissioners to provide planning services to the Town of Windsor for an additional 1 year. Dated 12/13/72 . 848 S BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Case No. s'if nnn Date 1v/90/70 • APPLICATION OF_..........._ERtr..:l.s!a....CA.I..I..i.ns Address- 'At ..,....HA.x 115 n ,....Lunginant., Co1-o• • •Moved by J . Ben Nix that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that-the application for 3mannici2dgqin (- _ Dis r (- • . J*si a. Icok.- ....S..l.TE....l1.P.P.JW.V7,4 _ of p.gr....RME;L....tX.P.AtLS.i.LOM - . covering the following describet property in Weld County, .Colorado, to-wit: • L - See attached legal description: • • • • be3reeommended (favorably) ( ..knA omittyi to the Board of County Commission- ers for the following reasons: Subject to a water contract from the . water district in the area to supply water for the kennels , a maximum of 80 dJgs and construction to he completed within one year of approval by the County Commissioners Motion 1onded by John Watson • Vote: For Passage: Glenn Anderson Against Passage: Bill Elliott • , J . Ben Nix . • Elmer Rothe • • John Watson The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. PC-Z-005 _ . ! CERTIFICATION OF COPY T, Dorothy Chlanda , Recording Secretary of Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of. Resolution of Planning Commission of Weld County, Colorado, adopted on Dec. 19 , 1972 , and recorded in Book No. III , Page No. , of tha proceedings of said Planning Commission. Dated this 20th day of Dec . , 19 ,,.72 Recording Secretary, Weld County Planning Commission PC-Z-006 L _ NAME Patrick Collins FEE . SUP# 89:71:5 TYPE OF SPECIAL USE Dog Kennel APPLICATION CHECK kJ- It-71 44L, LEGAL CHECKED Ct4' ,ti SURROUNDING OWNER'S NAMES • / 'IS/7r ag44( VICINITY MAP PREPARED 1/15/71 DH FILE ASSEMBLED 1/15/71 DH .PLANNING COMMISSION HEARING DATE SET 1/15/71 DH If OTHER AGENCYS NOTIFIED Health Dept. 1/15/71 DH FIELD CHECK /2917/ Age STAFF REPORT /07/ 14- PLANNING COMMISSION HEARING W7/ PLANNING COMMISSION RESOLUTION ' ' a/z,7/ M COUNTY ATTORNEY CHECK OF RESOLUTION & LEGAL DESCRIPTION Lid ,relyp COUNTY COMMISSIONER'S HEARING DATE SET .3 2 2-7/ ;9y5- ), NOTIFICATION OF SURROUNDING LAND OWNERS COUNTY COMMISSIONER'S HEARING $-Z2`7/ Al-AlN._ COUNTY COMMISSIONER'S RESOLUTION • f/Z,/7 / COUNTY COMMISSIONER'S MINUTES ;N PLANNING COMMISSION MINUTES a/i/ 4)sk �.F PLANNING COMMISSION HEARING DATE -a' DECISION APP OVED DENIED - TABLED) COMMENTS AND ACTION TAKEN COUNTY COMMISSIONER'S HEARING DATE (-1Z-71 - 44144,) DECISION (APPROVED - DENIED CT BLED COMMENTS AND ACTION TAKEN -- - - ---- - \ ----- _ -- _-- T- - T , CASE NUMBERSUP 89 :71 ;48 ZONING USE CONDITION • 1 . AREA REQUESTING CHANGE: . A Residential good 2. ADJACENT AREA TO : NORTH A SFR -SOUTH ' A SFR ' ' EAST . ' - A - RR & vacant ., WEST - A Vacant - 3. dog kennel EXISTING NONCONFORMING- USES AS ZONED 4. dog kennel NONCONFORMING- USES IF REZONED AS REQUESTED 5, none NONCONFORMING -USES AND STRUCTURES TO BE REMOVED AS SHOWN ON PLANS FOR PROPOSED . - DEVELOPMENT 6. REZONING_ CO.NFORMS TO THE COMPREHENSIVE PLAN- YES - X -NO 7. HAVE OWNERS OF ADJACENT PROPERTY BEEN CONSULTED REGARDING THIS? • . . - - YES " NO 8. DISTANCE AND DIRECTION FROM NEAREST COMMUNITY : • - 24 miles north of Firestone 9. . COMMUNITIES ACTION ON REQUEST: None 10. WITHIN _ONE-HALF MILE OF SUBJECT THERE ARE all -SQ-. FT. OR ACRES OF A -. ZONING: - OR -ACRES NOT" BEING UTILIZED AS ,ZONED. 11 . TYPE OF OPERATION : dog k"enrieo 12. TREATMENT AND ' DISPOSALOF DRAINAGE : none 13. STREAM OR WATER BODY RECEIVING DRAINAGE (NAME, DISTANCE , AND DIRECTION) : . 14. AGRICULTURAL LAND CLASSIFICATION : no longer agricultural 15. PREVIOUS CASES : PLANNING COMMISSIONERS, NUMBER: SUR 89 REQUEST dog kenhelACTION•.. 2-2-71 ;approval CC 3-22-71 approval 16. HEALTH DEPARTMENT ACTION: approval 17. SOILS REPORT: None 18. COMMENTS : Asst: Co . Attorney opinion state 660 ' not required for separation . . • CASE NUMBER: SUP 89 :72 :48 LOCATION : SE, Sec 12 T2 R68 • ; t • REQUEST: Dog Kannel Exp'an'sion • • NAME: Patrick Collins ' 19. THE WELD COUNTY PLANNING COMMISSION STAFF RECOMMENDS THAT THIS REQUEST BE Denied FOR THE FOLLOWING REASONS : 1 , Continued expansi,on .:i5n residential area will increase conflict with adjacent ,res_idents . . . 2 .. • Colo . Divi"sio.n ,o.f .Water Resources gives the opinion that •, • 'the well 'permit issued. to Mr. . Collins would not allow him to 4se the water from that well ••for ;an 8.Q dog ken:nel " . Se:cletter • • y. - . 20'. PLANNING COMMISSION ACTION: • PLANNING COMMIS•SION=•MINUTES :. "" DATE: 21 . COUNTY COMMISSIONERS1: ACTIONc " COUNTY- COMMISSIONERS ' MINUTES: - • DATE: 22. DATE: STAFF: • • • .44 GLENN K. OILLINGS, - y;{Y ti 1 M r�?p CHAIRAN --. flti • ' � 7a.a� 7']1 Rl 2. OCX Ic], GIINE4-'i, COLO: is I J/_`��T € 01:Vq Dol -3< rL n S HAROLD W. ANDERSON. _ CHAIRMAN PR04N. RT. I, JOHrI5TOvl N. GOLD. OFFICE OF BURMAN LGT£EISON THE WELD COUNTY PLANNING COMMISSION, COUNTY PLANNEW MARSHALL H. ANDERSON, PHONE 11031 ?2Orz y?y j''+ EXT. 27. 20 ANC 2S 2412 0R • 4 pe 'SET: 'ebto, ' 2412 'd TH AVE-, GREELEY. COLO. 12/12/72 • • To Whom It May 'Concern : • Your application for approval of an • • • expansion of a dog kennel will be reviewed before the Weld County Planning • Commission Tuesday , Dec . 19 , 1972 ' at 4 : 30 ' P. M. in the County Commissioners office , Court House • Please be present or have a representative present. • Sincerely , • Burman Lorenson Planning Director Collins - - RECEIPT FOR CERTIFIED MAIL-30¢ (plus postage) SENT TO POSTMARK e L ��tzie.:20 OR DATE 'STREET AND ND. 4 I - .y co P.O., STATE AND CODE • co OPTIONAL $FTVICES FOR ADDITIONAL FEES RETURN 1. Shows to whom and date delivered 15¢ . RECEIPT With delivery to addressee only 65¢ 2. Shows to whom,date and where delivered..35¢ ' SERVICES With delivery to addressee only 85¢ DELIVER TO ADDRESSEE ONLY 504 C SPECIAL,DELIVERY (extra foo required) zj PS Farm 3800 NO INSURANCE,COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL *GTO:187a 0-480-743 1 p I GLENN K. BILL:h G5.crAllvAAA C ki\yt.3� � ,b`,. I"^ '3) ' JT-,R Dori I67,'133IELLEY,Colo- {•ii ettcritriiii e). ii-AgoL I W. ANDERSON. CI:AtP.NAN PRO.TE 4 OFFICE OF BURMAN LORE-NS 11 . RT. 1.-JOHNSTOWN, COLD. OJNTY i*'�tJ�.n`t THE WELD COUNTY PLANNING COMMISSION C PHONE IJO]F Jai-r9A -hf MARSHALL H. ANDERSON. EXT. 27" @E A.T. Ss MEMBER '`7�';`�71nT:�'"(` o L•iG3), - - ,2:12 6TH AVE,.-GRCeL'c Y.lO}O. "'A"'^—•"nSi. - 12/12/72 Harland E'rker - Division of Water Resources 1p45 Sherman Street .,.Den.ver.,1 Colorado .3.0203 - .- - , Dear Mr . Erker : - - As per our telephone conversation 12/12/72 , , ' we are submitting Mr. .Collins application ` • 'for` an expanded dog 'kennel to -you for your - review. Also enclosed is -a copy of the well " permit issued by your- office . - We wish to know -if° this well permit is su.f- fi•cient '-to. supply -water for -household purposes and an-80 dog kennel . The Planning Commission hearing is is on the afternoon of .12/19/72. We - would appreciate your response before this time . - Sincerely , ,:&,./2.--;4-7 .,z47 "424- -f Burman -Lorenson Planning Director ' - BL/dc . ' Enc . 2 i•' CFNTc3RYJ!; 'I \` Yl r;l / ...,,-_-_----.„,p,,, ,%;;;;;,,;-„,-.- PHONE 534-3964 VRANESIC AND RIGHT PHONE 534-B300 534-7392 534-3401 ATTORNEYS AT LAW PAUL E. VRANESIC. 11 SUITE 2140 COLORADO STATE BANK BUILDING RICHARD H. RIGHT 1600 BROADWAY _ DENVER. COLORADO 80202 December 11, 1972 Mr. Bob Adams ryN' Weld County Planning Commission <U R�O % i County Services Building ti o -G Greeley, Colorado 80631 . o .0 S tj N, o ;J Re: Special Use Permit of Patrick and Lenora Colli `\�G,) ^^'�� ' Dear Mr. Adams: Please be advised that this letter is to confirm the hearing set on the Special Use Permit for December 19, 1972 at approximately 3:00 p.m. Thank you for your cooperation in this matter. I hope that we may be able to meet at the time of the hearing. I appreciate everything that you have done. Very truly yours, VRANESIC AND RIGHT Sen,h94/401 Richard H. Right ma - ` PHONE 534-7392 PAUL E. VRANESIC, II ATTORNEY AT LAW . SUITE 2140 COLORADO STATE BANK BUILDING 1600 BROADWAY DENVER, COLORADO 80202 • October 27, 1972 Bob Adams • Weld County Planning Commssion County Services Building Greeley, Colorado 80631 re: Special Use Permit Application of Patrick and Lenore Collisn Dear Mr. Adams: I spoke with Mr. and Mrs. Collins and they indicated that they would prepare a new description of the property that would better set out both the existing and planned structures on the property. I also set them a Soil study request to sign and return to the Soil Con- servation Service. If we need anything else to complete this, please notify me so I can prepare it. I spokenith the Collins's and they indicated that November 21, 1972 would ibe fine with them so please set this up for hearing on that date. Thank you for your interest and cooperation in this matter. Very truly yo , Richard Right RR/rr rec.-45-7\92021247c, 1 k; t ral L ° 9 ��I � o sal p /1., rU Ian 8 p PHONE 534-3964 PHONE 534-S300 RICHARD RIGHT PAUL E.VRANESIC, IIalZDOCCCON }{lfid ATTORNEY AT LAW Attorney At Law SUITE 2140 COLORADO STATE BANK SUILDINS 1600 BROADWAY DENVER, COLORADO 80202 October 12, 1972 1�p1920v�1 tir t, �� •�w Bob Adams 6' f4, A„\a 2 Weld County Planning Commission 4 9 9 V-, County Services Building Greeley, Colorado' 80631 Re: Special Use Permit Application Dear Mr. Adams: Enclosed please find a Special Use Permit Application, three copies of the area concerned and a Wastes Inventory Operations sheet. As per our conversation of October 12, 1972, I am sending these along with a water supply letter provided by the person who provides the water to the Collins. ' Please set this up for hearing on November-0'0', 1972. If there is anything else you need, please contact me so that I may provide them for you. Very� / truly yours, Y L�2�'�l Richard Right RR/ad Enclosures .I � , . . . . _� , :.z ' • • - OFFICE OF BOARD OF'COUNTY COMMISSIONERS PHONE (303) 353-2212 EXT.221,222& 223 H "! P.O. BOX 758 r. ' _ GREELEY,COLORADO 80631 COLORADO January 18, 1974 Geer, Goodwin and Chesler 1700 Broadway Denver - Colorado Allu: Mr. Robert Goodwin . . Dear Mr. Goodwin, Enclosed is a copy of the resolution approving expansion of the existing Collin's dog kennel operation. Please excuse our tardiness in sending this copy of the resolution, • but, our' Clerk and Recorder of 33 years passed away late in December and office personnel was reorganized, causing some temporary over- sights in work needing to be done. If we may be of further information, please do not hesitate to contact us. • Regards, 7 , % . . . -, , ,, , / ,/,----1..c.,... . : ., , „ o„,, ,,,ce, .....t„ . Christine Kavalec, Executive Secretary Board of Weld County Commissioners • - . • WELD COUNTY COMMISSIONERS HARRY S.ASHLEY GLENN K.BILLINGS ROY MOSER • NAME Patrick Collins FEE , SUP # 89 :72 :48 ' TYPE OF SPECIAL USE Expansion -of dog kennel ----..�---�' _-.- - • BY . DATE • APPLICATION CHECKED BY ZONING INSPECTOR RA FILE ASSEMBLED ,,�� DC 10/26/72 coLEGAL DESCRIPTION CHECKED BY CO. TTORNEY 0 /3/47/4-• AIRPHOTO 4/26/77 (T?Z VICINITY MAP PREPARED /jf/�th (fir SURROUNDING OWNER' S NAMES id/76- 2 e G PLANNING COMMISSION HEARING DATE SET DC 11/21JZ2) OTHER AGENCIES NOTIFIED Health Deptt DC . 1.n/26/22I, SOILS REPORT - . I -- WATER CONTRACT OR LETTER OF INTENT i ,, 1 COPY OF APPLICATION TO COMMISSIONERS • OFFICE FOR PUBLICATION . COUNTY COMMISSIONERS HEARING DATE SET ' FIELD CHECK I STAFF REPORT a PLANNING COMMISSION HEARING • /..2/0 z• -- i PLANNING COMMISSION RESOLUTION /ilw/7L -b COUNTY ATTORNEY CHECK RESOLUTION & LEGAL • • NOTIFICATION OF SURROUNDING OWNERS BY . I CERTIFIED MAIL I COUNTY COMMISSIONER' S HEARING ' / ' I COUNTY COMMISSIONER' S RESOLUTION 2/ Vj.9 \ PLANNING COMMISSION MINUTES PLANNING / COMMISSION DECISION APPROVED - DENIED -. TABLED) COMMENTS A-ND ACTION TAKEN I , --- • ; i PHONE 534-3964 VRANESIC AND RIGHT PHONE 534-9300 534-7392 ATTORNEYS AT LAW 534-3401 PAUL E. VRANESIC. II SUITE 2140 COLORADO STATE BANK BUILDING RICHARD H. RIGHT 1600 BROADWAY DENVER. COLORADO 00202 December 5 , 1972 tiR;326 30317c) (tr, , ' # n ` == c1 tcV W CL c-, o Mr. Bob Adams z, 5 es G 4 co Weld County Planning Commission �e'? Q County Services Building ' 2�\� Greeley, Colorado 80631 '491 1�71�� Re: Special Use Permit of Patrick and Lenora Collins Dear Mr. Adams: Enclosed you will find the Plans and Explanation prepared by Mr. and Mrs. Collins concerning their special use permit for additional dogs . If it is satisfactory I would appreciate it if you would indicate to me the next three to four possible dates for us to come up for a hearing on this matter. Also, I would appreciate any other sugges- tions you have as to how we may proceed. In any case, I hope that this helps you and I hope that you will find that this covers the re- quirements. Thank you again. Very truly yours , VRANESIC AND RI T Richard H. Right ma/Enc. SPECIAL USE PERMIT APPLICATION Weld County Planning Commission Services Building , Greeley, Colo . FOR PLANNING DEPARTMENT USE ONLY : CASE NUMBER : sew-, 29/7.2 PC HEARING DATE : /O2 -/q- 77� SEC : TWP 2- RANGE : '4 SE• ` CC HEARING DATE : LAND CODE : T: S : 1/4 : KEY: /4"67 SUB/DIV CODE: SUB : BLK: LOT: KEY : REFER TO: v PERMIT FEE : �- / ,- 1 ; LC DATE: /0/1A/7 APP . CHECKED BY : 4'C'G- 2 DATE : i RECEIPT NO : DATE: LEGAL DESC . APPROVAL : 4) DATE : TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE RE- QUIREMENTS : Print or type only, except for necessary signatures . I , (we) the undersigned , hereby request a hearing before the Weld County Planning Commission concerning proposed rezoning of the follow- ing described unincoporated area of Weld County: LEGAL DESCRIPTION: A tract of land 10.07 acres, more or less, situated in the South East 1/4 of Section 12 , T.2 N. , Rk68 W. of the 6-th P.M. Weld County, Colorado, described as follows , beginning at the South East corner of said Sec. 12 , thence North 494.0 feet along the East line of the South East 1/4 of said Sec. 12, to the true point ;of beginning, thence North 330 .0 Feet along the EAst line ;of said South East 1/4, thence S . 89°15-'30"W. 1329.42 Feet parallel to the South line of said South East 1/4 of. Section 12, thence S. 0000'33" W. 330.0 Feet, thence, N. 89915'30"E 1380.27 Ft. more or less to the true point of beginning STREET LOCATION: Route 4 Box 115 G ZONE AG PROPOSED USED : kennel:foi 80 dogs REASON: the owners would like to expand their present permit from what it is now to one allowing 80 dogs to be held there FEE OWNERS OF AREA PROPOSED FOR SPECIAL USE : Rt. 4 Box 115 G ' NAME: Patrick Collins ADDRESS:Longmont, Colo.TEL : NAME : Lenore Collins ADDRESS : same TEL: same NAME: ADDRESS : TEL : I hereby depose and state under the penalties of perjury that all statements , proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD ) STATE OF • COLORADO ) c Si nature : Owner or uthor'zed Agent Subscribed and sworn to before me this day of 19 • SEAL . NO A Y PUBL C My commission expires : NW a 197:r • SUGGESTED LEGAL DESCRIPTION RE: COLLINS DOG KENNEL OPERATION A tract of land located in the Southeast Quarter (SE-) of Section Twelve (12), Township Two (2) North, Range Sixty Eight (68) West of the Sixth P. M. , Weld County, Colorado, and more particularly described as follows: Beginning at the Southeast Corner of said Section 12, thence North along the East line of said Southeast Quarter a distance of 494. 0 feet to the true point of beginning; thence continuing North along the East line of said Southeast Quarter a distance of 330. 0 feet to a point; thence South 89° 15' 30" West and parallel to the South line of said Southeast Quarter a distance of 1329. 42 feet; thence South 00° 0' 33" West and parallel to the East line of said Southeat Quarter a distance of 330 feet; thence North 89° 15' 30" East and parallel to the South line of said Southeast Quarter a distance of 1330. 27 feet to the true point of beginning, containing 10. 07 acres, more or less. 7I7 ,41 SUP # 84 : 72:48 Patrick Collins Location %E4 Sec 12 T2 R68 • Agenda date dog kennel expansion Date CO(:t-, .39 /fl- RE : Livestock Feeding Operation - Special Use Permit The PAt ctc D4,(A3S f2 f6i, L Feeding Operation and Expansion (does ) (does not) meet with the requirements for a Special Use Permit and the standards of the Colorado Department of Health , Water Pollution Control Division . The Weld County Environmental Health Services recommends that this request be (approved) (disapproved) . . Remarks : • . Yo rs trul , -Environmental He th Services ��6�8 Q01 ;-14?-„1- o e race a V .J - - ,Les!-- a ` ti :. .. go / • • IN THE DISTRICT COURT IN AND FOR THE • • COUNTY OF WELD AND STATE OF COLORADO STATE OF COLORADO • • Civil Action No. 23858 COUNTY OF WELD ss. Flied with the Clerk of the Board of County Commissioners PATRICK COLLINS, ) • DEC 5 1973 Plaintiff, ) AU COUNTY CLERK AND RECORDER VS. ) By Deputy ) BOARD OF COUNTY COMMISSIONERS ) FINDINGS AND DECREE OF WELD COUNTY, COLORADO, and ) the individual members thereof ) • MARSHALL ANDERSON, GLENN ) BILLINGS, and HARRY ASHLEY, ) ) • Defendants. ) • THIS MATTER coming forward for hearing on a Complaint Under Rule 106 (a) (4) of the Colorado Rules of Civil Procedure • seeking review of the ruling of the Board of County Commissioners of Weld County, Colorado, on the .28th day of February, 1973 , denying an application by Patrick Collins for expansion of a dog kennel located on the hereinafter described lands : A tract of land 10: 07 acres , more or less, situated in the South East 4 of Section 12 , T. 2N. , R 63 W. of the 6th P.M. Weld County, Colorado, described as follows , • beginning at the South East corner of said Sec. 12, thence North 494 . 0 feet along the East line of the South East 4 of said Sec. 12 , to the true point of beginning , thence North 330 . 0 feet along the East line of said South East 4, thence S. 89°15 ' 30"W. 1329. 42 feet parallel to the South line of said South East 4 of Section 12 , thence S. 00°0 ' 33" W. 330 . 0 feet, thence, N. 89°15 ' 30"E. 1330 . 27 ft, more or less to the true point of beginning and at which hearing the plaintiff appeared in person and by and through his counsel, Richard H. Right, .Esq. , the protestants Mr. and Mrs. Robert I:oke appeared in person and by and through their attorney , David M. Naiman, Esq. • The matter having been presented to the. Court by written • argum !nts and supporting •briefs , the plaintiff ' s argument and brief being submitted by Edward U. Geer , Esq. , as attorney for. • • 1 • -2- the plaintiff, and the argument and supporting brief for the Board of County Commissioners being submitted to the Court by • and through the County Attorney of Weld County, Samuel S. • Telep, Esq. , and the Court having reviewed the entire record and having studied and considered the arguments of counsel and the authorities cited in support of their arguments and now being sufficiently advised; DOTH FIND: THAT on March 22 , 1971, the Board of County Commissioners of Weld County approved an application for a greyhound .kennel - to be constructed by the plaintiff herein, such kennel to house thirty-five dogs. THAT on or about the 20th day of October, 1972, special use permit' application was made by Mrs. Lenora Collins , wife of . the plaintiff herein and co-owner of the lands heretofore ' described and the kennel constructed thereon, seeking to expand the kennel so as to accommodate a total of eighty dogs consisting of an average of one adult dog to every eight puppies . THAT approval by- the Planning Commission of the application . was granted December 20 , 1972 , subject to procurement of water resources which was arranged for by the plaintiff. THAT hearing was duly held by the Board of County Commissioners of Weld County, Marshall Anderson, Glenn Billings , and Harry S. Ashley; the County being represented by and through Samuel S. Telep, Esq. ; the plaintiff Patrick Collins was present together with his attorney , Richard H. Right, Esq. , and of the thirteen persons owning adjoining property that were noticed of the hearing , three protestants appeared in person, Mr. and iMrs_ Rohe and Mr. Sam Stehle , and two protested by. letter. Hearing was had and the matter was taken under advisement so that the County Commissioners couldview the 1:remises , and . -3- denial was handed down the 28th day of February, 1973 . THAT there are at. least two dog kennels located in and . about the neighborhood of the plaintiff. THAT upon review of the record that the statements made were not under oath by the various parties appearing before the Commissioners and were in conflict, but considering such state- ments and the letter of the protestants George G. and Dorothy • Johnson, Jr. as if that were competent evidence and giving full credence to the statements , the Court finds they are in direct _ • conflict. THE COURT FURTHER FINDS : THAT it has no jurisdiction to consider or rule upon the evidence submitted but is confined to the review of the entire record and the determination of the Board of County Commissioners . to ascertain whether or not the ruling is reasonable and not arbitrary or capricious. 1. In considering the first finding of the ruling of the Board of County Commissioners , the basis of their ruling is that the. expansion of the dog kennel operation would be "too visible and unsightly" and not indicative of good planning . The Court finds that it is arbitrary for the reason that the initial planning was a creation of the Board of County Commissioners and a modest expansion thereof would not be an unreasonable • 'increase in the visibility or unsightly nature of the kennel , if any, and the acts of the Commissioners in relation to the restriction of land use must be reasonable. ?_ THAT only five land owners in the immediate vicinity to the subject property having protested out of the thirteen. noticed is not "predominately opposed" and any such finding by the Commissioners is unsupported and arbitrary . 1 . a • -4- 3. Finding No. 3 is an admission by the Commissioners of the creation of a number of kennel operations in that portion -of the County where the applicant' s property is situate and does not relate to land, use but to dog population, and is therefore arbitrary. ' THE COURT FURTHER FINDS that the Board of County Commis- sioners has no authority to make a finding and declare that .this would be a "public nuisance" , such finding is within the juris- • diction of the Courts only and is not available to the Board of. County Commissioners . ' IT IS THEREFORE THE FINDING OF THE COURT that considering all of the findings, either independently or as a whole, they are arbitrary and not merited as a re..ult of the hearing involved herein. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the denial be and it is hereby set aside and the application be approved. Done this 4th day of December, 1973. BY THE COURT: • (1 n !fig • _ s , 4 District Jucge' �� 0 to v n Pia is/ n / SJeoh � peed I DDN 1 r Z (0 0 3 n a z) of h 1 -% A k v Z k u _ IL '+ 4 99I a'. I I P• .-• II Et • �S eta? 1324 lil . te O' M Res I'd eHCe O . S 9 i •••••Cgs N �b 4 R NNS . e• I 4 RP 6A those beta /6Xofl0 ' /D , o -�' - -- - - — o . Jr yr. • • l L •- - - • et B O 1S a . . . . . R 0 g o f 1 P❑ Eca 1O lic6 a- it 6 v • . Roloase d lee • / b h lib I d • • 1 . I + P • f I • • I • • 7 . a Tear Sir: • We have two (2) pup houses capable of holding twenty four (24) dogs. On my plans I proposed to build three (3) more of these houses,, which would hold thirty six (36) more dogs. This makes a total of sixty one (61) dogs in the dog runs. We have a brood house which will hold two (2) litters of pups. The average litter is eight (8) • pups, this makes a total of sixteen (16) little puppies plus two (2) mother bitches. When greyhounds become one year old he is placed in a kennel. The kennel has individual crates for each' dog. In my kennel , a building 16'X 40' , it will have thirty (30) crates.,, At Ed Kleins in Loveland all of the dogs that race at Cloverleaf Race Track are kept on less than five (5) acres. At these kennels there are at the very least six hundred (600) dogs. • Si COt,JOHN A. LOVE CrOf .y T- 7 Governor F hARVIL C State o B Engineer r 100 St Sege DIVISION OF WATER RESOURCES Department of Natural Resources 101 Columbine Building 1845 Sherman Street Denver, Colorado 80203 December 13 , 1972 , - • Weld County Planning Commission Greeley Colorado 80631 Attention: Burman Lorenson Gentlemen: After considerable discussion of your question concerning Patrick Collins, it is our opinion that the well permit which was issued to Mr. Collins would not allow him to use the water from that well for an 80 dog kennel. The subject well is covered by the provisions of Section 148-21-45 , C.R.S. 1963, as amended, and that statute does not allow the type of use for which Mr. Collins is applying. Very truly yours, Harlan W. Erker Supervising Engineer Ground Water Section HWE:skr ��11819�0r?,_> v. G FZ Meld tosei mnlsston d• rl:ltin gobV • A ,T b " �jl ( f J �3 • 31' . � i i 1 • E'er c o$ - Q f 6 D i/v4► f ej '/�'/ 07V ,• • G •f' 1 ldl,2pi ! 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Indicate Section and Section numbers for every township/range in which a part of the improvement is located. USE TOWNSHIP PLAT FORM ON THE REVERSE SIDE OF THIS SHEET. ATTACH ADDITIONAL TOWNSHIP PLAT FORMS IF NEEDED. 3. Indicate specifically the area and use of the lot. Lot area (in acres) : (OR, in square feet) : Principal use of lot (describe) : Current Proposed 4. Specify principal use(s) of building being constructed or other changes proposed: Check One: Single family Occupancy: Seasonal Apartment Check One ( ) Year-round Condominium Nonresidential Indicate number of dwelling units on lot: Current Number: Number to be added: Number to be demolished: Total square feet nonresidential floor space: Current Proposed 6. Indicate type of change: ( ) New building or structure, ( ) Addition, ( ) Alteration, ( ) Moving of building, ( ) Demolition of building, ( ) Other (describe) : Signature of owner or agent Date /M o 7, de. • g& �or sec i s /( ?W C QS" L/:>e reoe A! ,33O s' �"?is 3Q ry /�z9 ¢> CZ)0 ° .3,3 3S6 p179• �s 36 /3.3D, 2 7 ��oS 1► \ •,• 4.0 • • `° 6I M u Iat °,• TO• • • TT 1 DOWANDA ..! 99 I I r i • 30 ; 29 !° 2! •. ■ 0 20 I 1 25 ° 30 29 a !✓ Sr! �- ` ---- p .. r1flIcT . t es•_ • ( .• I • I � t a • !a • • Pd • �1 " I 1 ° • r. 4 • 7NCMONT * '®• •1 ■o • , FAS , .I _ 119 • I , • J a r p • j • , • r. 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S2 5.3 • 45174 -7" ill ifek\�y I ■ I Io GRADEN "cci-' . e I 1 •! 0 0`'.( 12 7 5' 9i ( \ I I I \ \Y - + PARKDAL I .. \ + o- - 5 O d I � o- d O a 3'd � 'II�Iv1�oo� I ,J\ c o 'stfl,l S2.0,,,, 6°0 I l , 33D • / 3 Zee Res -lb. 7 .irGAc5 No 0 s c L--------.___,t . 0(,n7,Ep4SC �� 'a _ /6.1,- 2J A . [ N S II 6 1 ''v. 7-4 �- I r '�1 .r -.- - - aokaa o 1 ' a' k ..i..-7)€_ - - fi Cfr ih - - . �_ OX 1 m 1 -- ` -10 f m r--r .76 x 1 n...... 1 1 a �t ni I x A- i Xn 4 O1 i I 1 l, x • I- r 44 I — TEX9 ! /a'YV+ds'/ p 0 sof/OV J Cl - 's 1 s'i I 1 t i II I G . 1 r3 3 O ,-> , ., 132 \/ 111:: 0 } 'TPA/c e - _ A / d 'A'06 eyy. _ pf.,nod 1 -1 oy r Z ,lit —L , r ra • 4-0 -$ —5 r' i o --- - - I E. 1_ N - ', d —1 IL I f (0 I ( i P "• A, e / G, r f .. - - If'. n h - _ Recorded at -'.i 0 o'clock: ?'f., ..._.._....:....._.._DEC -__ _j9� _... f-- p.,0 '1.055923+" - ANN SPOME _ ; o a , i v 3 ,j339 Reception-No Recorder. ; (l l'�`` tL' . PATRICK L: COLLINS and LENORA COLLINS, • "n ppI whose address is 2060E.' 114th Place,-'Northglenn, . ' - County of Adams : • ,.and•State of • •Colorado , for the consideration of ONE DOLLAR, , .. 188H0.1is, in hand paid, ' hereby sell(s) ;Ind quit claim(s) to. COUNTY OF WELD, A BODY • CORPORATE AND POLITIC, • whose address is Greeley, o+ . • . County of Weld , and State of Colorado , the following real t‘t . property, in the • County of Weld , and State of Colorado, to wit: . The east- 50 feet of a tract of land 10.07 acres more or less, situated in the southeast quarter (SE4) of section 12, T. 2 N. , ' R. P 68 W. of the 6th P.M. , Weld County, Colorado, described as follows: a-t414,^� Beginning at the southeast corner of said section 12; thence north / 494.00 feet along the east line of the southeast quarter (SEa) of said section 12, to the true point of beginning; thence north 330. 0 feet along the east line of said southeast quarter (SEA) ; thence south 89° 15 ' 30" W. 1329:42 feet parallel; to the south line of said southeast quarter (SEy) of sec. 12; thence south 00° 0 ' 33" W. 330. 0 feet; thence N. 89° 15 ' 30" E. 1330. 27 feet more or less to the true point of beginning; subject to existing rights of way and easements, liens by reason of the inclusion 6f..said premises t�'100 in y/�the Northern Colorado Conservancy 'District and Fire Protection .Di- Srict; .- • U f • 6/ S h: .Y.': rw - : •-, with all its appurtenances G`. •'•c Q e • I O v. _ Signed this a,d, day of October a9, 1g 7 -Sf t5(('(G� . I�at" is11/441-----0 II.�o a Tins. Lenora—Collins. • STATE OP COLORADO, • 4 }R8. Colin 4 of /lA.!- The foregoing instrument was acknowledged before me this e 9 day of October 19 70 , by PATRICK L. COLLINS and LEISQRA CQ11Ti7 JS:•,., )fe%(y cofgiaisstgii expires — /9t II 71 ,'' " t�i n: m?,ht7ind and official seal • -5-Iti I- l- n. - - .. .. / Not Ile. .... Statupp..c c -� brg tI notdfcdg,nn,G—It by natural person or persons hero inert nanlo or nnmen• if by Derson acting In reprecentrttive or _ of uk-tic4tpaclty or nn nitornoy-ln-fact. Wen Insert name of person nn executor, attorney-in-fact o:other capacity or descrip- tion; if by officer of corporal on, Wen Insert nano of ouch officer or officers, na Wo president or older officer" of each cor- Doratlon, aomlug I[. No. 898. QUIT CLAIM DEED—Short form—See.118-1.13 no amended 1761.—nrndlord Publiebing Co.,1824-46 Stout Street,Denver,Colorado UN eoois :65® : . .q Recorded e,_.fr.. t�yo<o� VA Form 20-0104 (Homo Loan) 1592 hc_ JUL 2 9 197T 3 Rev.October 1003....—'Use O tional. Roc. No.._._..... _ -_...__Ann Soomor, Rocorde, Section 1810, Title 88.u.s.o: '— Acceptable to Federal National y .l Mortgage Aeooclatton.•'• '{ . l 1 e DINED OF TRUST Tans INDENTURE,made this 19th day of July A.D. 19 71 ,between PATRICK L. COLLINS AND LENORA COLLINS N r` u1 ,whose address is Rt. 4, Box 115G, Q; Longmont ,County of Weld , State of Colorado,hereinafter n' referred to as the grantor, and the Public Trustee of to County of Weld ,State of Colorado, hereinafter referred to as the trustee, Witnesseth: vf .-1 WHEREAS, the grantor has executed his certain promissory note,bearing even date herewith,payable o to the order of Empire Savings, Building and Loan Association n 'whose present address is 7390 West 38th Avenue Wheatri4ge, Colorado 80033 ,hereinafter referred to as the beneficiary,for the principal sum of o 'TWENTY THOUSAND EIGHT $'UNDRED AND N0/100 Dollars ($ 20,800.00 ), with interest at the rate of Seven per centum ( 7 %) per annum until paid,payable in monthly installments of- One hundred thirty eight and 39/100 -Dollars ($ 138.39 ), commencing on the first day of September , 1971 , and continuing on the first day of each month thereafter until the said note is fully paid,except that,if not sooner paid, the final payment of principal and interest shall be due and payable on the first day of August , 2001 . Said principal sum, together with interest thereon, and other payments provided to be made under the terms of this indenture, are hereinafter referred to as the indebtedness; AND WHEREAS,the grantor is desirous not only of securing the prompt payment of the indebtedness, but also of effectively securing and indemnifying the beneficiary for or on account of any assignment, endorsement, insurance or guarantee of the indebtedness; Now, THEREFORE, the grantor, in consideration of the premises, and for the purposes aforesaid, has granted, bargained, sold, and conveyed, and does hereby grant, bargain, cell, and convey unto the trustee, in trust forever, all the following described property situate in the County of Weld ,and State of Colorado,to wit: A tract of land in the Southeast Quarter of Section Twelve Township Two North, Range Sixty-eight West of the Sixth P.M., Weld County, Colorado, described as follows; Beginning at the Southeast Corner of said Section 12, thence North 'along the East line of Section 12, 724.0 feet to the true point of beginning; thence North along the East line of Section 12, 100.0 feet; thence South 89° 15' 30" hest, 1329.112 feet parallel to the South line of Section 12; thence South 0° 00' 30" West, 100.0 feet; thence North 89° 15' 30" East, 1329.68 feet to the true point of beginning, EXCEPT the East 30 feet thereof for County Road, and the West 20 feet of tl>'East 50 feet for easement to County. Subject to any restrictions, reservations and easements now of record, if any. together with the improvements and appurtenances thereunto belonging and all fixtures nMor hereafter attached to or used in connection with the premises herein described;and in addition thereto the following described household appliances, which are, and shall be deemed to be, fixtures and a part of the realty and are a portion of the security for the indebtedness herein mentioned: Garbage disposal, vent fan and carpeting in living-room, dining-room, hall and bed-rooms. B00% 650 1592433 - a To HAVE Amon Hole the same, together with all and singular the privileges and appurtenances thereunto belonging: In Trust Nevertheless, in case of default in the payment of the indebtedness,or any part thereof, as the same shall become due, or in the payment of any prior encumbrance, principal or interest, if any, or in case default shall be made in, or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained,then upon notice and demand in writing filed with the trustee as provided by law, it shall and may be lawful for the trustee to foreclose this deed of trust, and to sell and dispose of said premises en masse or in separate parcels (as the trustee may think best) and all the right, title, and interest of.the grantor, therein, at public auction at the front door of the Courthouse, in the , County of Weld , State of Colorado, or on said premises, or any part thereof, as may be specified in the notice of such sale, for the highest and best price the same will bring in cash,four weeks' public notice having been previously given of the time and place of such sale, by advertisement, weekly, in some newspaper of general circulation then published in the county aforesaid or by such other notice as may then be required by law and to issue, execute and deliver his certificate of purchase, Trustee's Deed or certificate of redemption all as then may be provided by law. Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges, the costa of making said sale and advertising said premises,and attorney's fees as herein provided, pay to the beneficiary hereunder, or the legal holder of the indebtedness, the amount of such indebtedness, and all moneys advanced by the beneficiary or legal holder of the indebted- ness for insurance,repairs,taxes and assessments,and for any other purpose elsewhere herein authorized, with interest thereon at the rate provided for in the principal indebtedness, and next reimburse the Vet- erans Administration for the sum,if any paid by it on account of the guaranty or insurance of the indebt- edness secured hereby, rendering the overplus, if any, unto grantor. The sale or sales and said deed or deeds so made shall be a perpetual bar, both in law and equity, against the grantor and all other persons claiming the premises aforesaid, or any part thereof by, from, through or under the grantor. The legal holder of the indebtedness may purchase said property or any part thereof;and it shall not be obligatory upon the purchaser or purchasers at any ouch sale to see to the application of the purchase money. If a release deed is required, the grantor hereby agrees to pay all the expenses thereof. Grantor covenants and agrees to and with the trustee, that at the time of the ensealing and delivery of these presents he is well seed of the said premises in fee simple, or such other estate, if any, as is stated herein, and has good right, full ppwer and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid; hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said premises as a homestead exemption, under and by virtue of any act of the General Assembly of the State of Colorado now existing or which may hereafter be passed in rela- tion thereto; that the same are free and clear of all liens and encumbrances whatever, except as herein • • recited; and for the quiet and peaceable possession of the trustee, against all and every person or persona lawfully claiming or to claim the whole or any part thereof, the grantor shall and will Warrant and For- ever Defend. Grantor hereby further covenants and agrees: 1. He will promptly pay the principal of and interest on the indebtedness evidenced by said note, at the times and in the manner therein provided. Privilege is reserved to prepay at any time, without premium or fee,the entire indebtedness or any part thereof not less than the amount of ono installment, or one hundred dollars ($100.00), whichever is less. 2. Together with and in addition to the monthly payments of principal and interest payable under ,, the terms of the note secured hereby, he will pay to the beneficiary, as trustee, (under the terms of this trust as hereinafter stated) on the first day of each month until said note is fully paid: (a) Amon equal to the ground rents, if any, next due, plus the premiums that will next become due and payable on policies of fire and other bnv'nrd insurance on the premises covered hereby, plus taxes and assessments next due on these premises (all as estimated by the beneficiary, and of which granter is notified)., IS all sums already paid therefor, divided by the number - • of months to elapse before one month prior to the date when such ground rents, premiums, taxes, and assessments will become delinquent,such sums to be held by the beneficiary in trust to pay said ground rents,premiums,taxes,and aasesswerits. (b) The aggregate of the amounts payable pursuant to subparagraph (a) and those payable on the note secured hereby, shall be paid in a single payment each month,to be applied to the follow- ing items in the order stated: . soOK (I) taxes, assessmELj fire and.other hazard insurance prom, __a; 650 (II) interest on the indebtedness secured hereby;and .g (III) amortization of the principal of said indebtedness. • 572433 $ Any deficiency in the amount of such aggregate monthly payment shall, unless made good bye 3 the grantor prior to the due date of the next such payment, constitute an event of default under this Deed of Trust. At the beneficiary's option,grantor shall pay a"late charge"not . r exceeding four per centum (4%) of any installment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent pay- I- meats,but such"late charge"shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured thereby. 3. If the total of the payments made by the grantor under (a) paragraph 2 preceding shall exceed the amount of payments actually made by the beneficiary, as trustee, for taxes or assessments or insurance premiums,as,the case may be,such excess shall be credited on subsequent payments to bemade by the grantor for such items or, at beneficiary's option, as trustee,shall be refunded to the grantor. If, however,such -inontthly payments shall not be sufficient to pay such items when the same shall become due and payable, 'then the grantor shall pay to the beneficiary, as trustee, any amount necessary to make up the deficiency, within thirty (86) days after written notice from the beneficiary stating the amount of the deficiency, which notice may be given by mail. If at any time the grantor shall tender to the beneficiary, in accord- ance with the,provisions of the note secured hereby, full payment of the entire indebtedness represented thereby, thelieneficiary, as trustee, shall, in computing the amount of such indebtedness, credit to the account of the grantor any balance remaining to credit of grantor under the provisions of (a) of paragraph 2 hereof. If there shall be a default under any of the provisions of this Deed of Trust resulting in a public sale by the trustee or trustees of the premises covered hereby, or if the beneficiary acquires the property otherwise after default, the beneficiary shall, as trustee, apply, at the time of the commencement of such proceedings, or at the time the property is otherwise acquired, the amount then remaining to credit of grantor under (a) of paragraph 2 preceding, as a credit on the interest accrued and unpaid and the balance to the principal then remaining unpaid on said note. 4. He will pay all ground rents,taxes,assessments,water rates,and other governmental or municipal charges,fines,or impositions,levied upon said premises except when payment for all such items has there- tofore been made under (a) of paragraph 2 hereof,and he will promptly deliver the official receipts there- for to the beneficiary. 5. He will continuously maintain hazard insurance,of such type or types and amounts as beneficiary may from time to time require, on the improvements now or hereafter on said premises,and except when payment for all such premiums has theretofore been made under (a) of paragraph 2 hereof, he will pay promptly when due any premiums therefor. All insurance shall be carried in companies approved by the beneficiary and the policies and renewals thereof shall be held by the beneficiary and have attached thereto loss payable clauses in favor of and in form acceptable,to the beneficiary. In event of loss the grantor will give immediate notice by mall to the beneficiary, who may make proof of loss if not made promptly by the grantor. Each insurance company concerned Is hereby authorized and directed to make payment for such loss directly to the beneficiary instead of to the grantor and the beneficiary Jointly. The insurance pro- ceeds, or any part thereof, may be applied by the beneficiary at its option either to the reduction of the indebtedness hereby secured or to the restoration or repair of the property damaged. In event of fore- closure of this Deed of Trust,or other transfer of title to the said premises in extinguishment_of the indebt- edness secured hereby, all right, title, and interest of the grantor in and to any insurance policies then in force shall pass to the purchaser or grantee. 6. He shall not commit or permit waste;and shall maintain the property in as good condition as at present,reasonable wear and tear excepted. Upon any failure so to maintain, beneficiary, at its option, may cause reasonable maintenance work to be performed at the cost of grantor. 7. Beneficiary may perform any defaulted covenant or agreement of grantor to such extent as bene- ficiary shall determine, and any moneys advanced by beneficiary for such purposes shall bear interest at the rate provided for in the principal indebtedness shall thereupon become a part of the indebtedness secured by this instrument, ratably and on a parity with all other indebtedness secured hereby, and shall be payable thirty (80) days after demand. 8. Upon the request of the beneficiary, the grantor shall execute and deliver a supplemental note or notes for the sum or sums advanced.byt the beneficiary for the alteration,modernization or improvement made at the grantor's request; or for maintenance of said premises or taxes or assessments against the same and for any other purpose elsewhere'authorized hereunder. Said note or notes shall be secured hereby,on a parity with and as fully as if the advance evidenced thereby were included in the note first described above. Said supplemental note or notes shall bear interest at the rate provided for in the prin- cipal indebtedness and shall be payable in approximately equal monthly payments for such period as may be agreed upon by the creditor and debtor. Failing to agree on the maturity, the whole of the sum or sums so advanced shall be due and payable thirty (80) days after demand by the creditor. In no event shall the maturity extend beyond the ultimate maturity of the note first described above. Notwithstand- ing the foregoing provisions for the making and securing of advances,the Public Trustee may,upon the production of the original note secured hereby, duly cancelled,fully release this Deed of Trust for all pur- poses without inquiry as to additional advances made hereunder,if any,and without liability forao doing. 9. In the event of default in the payment of the indebtedness or any part thereof,or of a breach or violation of any of the covenants or agreements herein,then,and in that event,the whole of the indebted- ness and the interest thereon to the time of sale,may at once,at the option of the beneficiary or the legal holder of the indebtedness, be declared due and payable,and the said premises be sold in the manner and with the same effect as if the indebtedness had matured. If foreclosure is made by the Trustee,an attor- ney's fee for such reasonable amount as may be approved by the Public Trustee for services in the supervision breach foreclosure proceedings shall be allowed and-added by the Public Trustee as a part of the cost of foreclosure. If foreclosure be by action in court;a'reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure proceedings. All attorney's fees shall be and become a part of the Iddelf$dneas secured hereby ratably and on a parity with other indebtednepjeq re reby. eoDK €50. : 15'72433 10. The lien of this instrument shall remain in full force and effect during any postponement or -I-I extension'of the time of payment of the indebtedness or any part thereof secured hereby. 11. In ease of default, whereby the right of foreclosure occurs hereunder, the beneficiary, or the holder of the indebtedness Or certificate of sale, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption,if any there be. Such-possession,use,enjoyment, rents,issues and profits shall at once be delivered to the beneficiary or the holder of the indebtedness or certificate of sale on request. On refusal,the delivery of such posses- sion may be enforced by the party entitled thereto by any appropriate civil suit or proceedings, and such party shall be.entitled to a Receiver for said property, and of the rents, issues and profits thereof, after any such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be. Such entitlement shall exist as a matter of right without regard to the solvency or insol- vency of the grantor or of the then owner of said property and without regard to the value of the property. Such Receiver may be appointed by any court of competent jurisdiction upon ex parte application, notice thereof being hereby expressly waived, and the appointment of any such Receiver,on any such application with or without notice,is hereby consented to. All rents, issues and profits, income and revenue of said property shall be applied by such Receiver according to law and the orders and directions of the court. 12. Grantor waives notice of the exercise of any option granted herein,or in the note secured hereby. If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of the parties hereto, and any provisions of this or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations are hereby amended to conform thereto. The covenants herein contained shall bind,and the benefits and advantages shall inure to,the respee- tive heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders, and the term "beneficiary" shall include any payee of the indebtedness hereby secured or any transferee thereof whether by operation of law or otherwise. IN WrrNEss WHEREOF, the grantor has hereunto set his hand and seal on the day and year first herein before written. Signed, sealed and delivered in the presence of e �� rd-1;_ e _-- - [nRnu] Patrick L. Collins —._-----.—__ ----- [SEAL] 4F-t•.el S f.. a_4 [sEA/�l Lenora Collins J — — — — — -- DUAL] STATE OF COLORADO as: COUNTY OF Denver The foregoing instrument was acknowledged before me this 19th day of July 19 71,by PATRICK L. COLLINS AND LENORA COLLINS WITNESS my hand and official seal. 7 ,C-----• i My commission expires February 9, 1975 y L.>-".1 it-1.,,-Z.... _ a C----^ ;�1- { ^, Notary Publlo. {�% r Helene E. Fulmer Y. r, _ P a O ^-) �A PUB O uo a Rl - G)1, ---. CI o 14 cis) y e o +' o 01 2 4 g oT. (CV 9 'a rn v o ,3 a� 6 t , t; 'a o o il'• Ili LA O ® p �aA J i. M P CD CD a F is VJ ? 0 ti R Oo0K �5� p • pp�� Loan No. 2368 t''1 2odyZL Riicorded at -�" o'cloyck;.S..__ltf.,,y- .. II�'r.`J,, 1 tttDD��DD Reception No. ' n.egr,1> ts.57 '•ANN SPOMER - Recorder. ITHIS INDENTURE, Made this• : 30th- , day.of September. : : in the year of oar Lord ono thoneaad nine hundred and• Seventy ' between PATRICK L. COLLINS and LENORA COLLINS, I • whose address 2060 East .114th Place, Nortbglenn, Colorado. : • - - M a pmt ies of the first part,and the Public Trustee of A . • tIELD ,th the State of Colorado,pa rty ray of the second part, +W-tnessoth: t� THAT,WHEREAS,The said PATRICE L. COLLINS and LENORA COLLINS to . . CV I ha VE executed • THEIR : promissory note bearing even date herewith, for the principal sum of ' tn,i • EIGHTEEN THOUSAND FIVE HUNDRED AND NO/100. • —Dollars, payable to the order of JEFFERSON SAVINGS AND LOAN ASSOCIATION • :.whose address 5695 Yukon Street, Arvada, Colorado • after the date thereof with interest thereon from the date thereof is at tho'rate oR - 0.50 per cent per annum,payable in' full on or before March 30, 1971 o - c, •44eit rr ' • - . U . AND WHEREAS, The said part iesof the first part "are' .- 'desk:olio-of securing the payment of the principal and interest of said promissory note in whose hands'soever the said note . or any of them may be. NOW.THEREFORE, The said part ies of the first part,-in consideration of the premises,and for tho purpose aforesaid, do es hereby grant, bargain, sell and convey unto the said party of the second part in trust forever, the following described property,situate in the County of WELD , State of Colorado, to-wit: A tract of land situated in the South East 3/4 of "Section 12;..Totmship,2,..North Range_.68 Nest of the 6th P. M.,•weld County, -Colorado,described. as follows:' • Beginning at. the South East corner of said ,Section 12, thence Worth.494.00 feet along,:the-'East, line- of-the. South East » of Section 12,..tothe true point of beginning, thence'North 330.00`feet;along the -East line of said South East 3; thence South 89° 15'30"'West 1329:42:feet parallel- to the Seuth.'-Iine Of • said South East 'd: of Section 12, thence South 00° .0'.'.30".West 330.00, ,,feet thence North. 89° -15' 30" East 1330.27_feet -more or less to the true point-.. '. of beginning: - .. . . - • TO HAVE AIID TO HOLD the same, together with all and singular the privileges and appurtenances, [hereunto belonging: In Trust Nevertheless, That In case of default In rho payment of said note or an of thorn,or. . . Y... , any part thereof, or In the-payment of the Interest thereon;according-to the tenor und'effect'of said-note " or any of them-, or In the payment of any prior encumbrances, principal or Interest, If any, or In case default shall be made.ln or Incase of -.violation or breach of-any of the terms. conditions, covenants or agreements herein contained,-tho beneficiary:here- ,• under or the legal holder of'the•Indebtedness secured•hereby may declare a violation of'•nny,.of'the.covenants herein contained'and sleet to advertise said property for-sale-and-.demand such sale,'then, upon' filing-notice' of ouch election and demand for ::ale with the said party of the second part, who shall upon receipt of such notice of election and demand for sale cause q copy of the same to he recorded•In the recorder's office'of the county In-which'said real estate. -is situated, it shall and may be lawful fur ,mid party of the second part to sell and dispose of the porno (on mass') or hi srpnra,e parcels, ns'sald Pbbilc'Truniee may think best), and all the right, title and Interest of said part Les • of the first part, their 4 heirs-orussigns therein, at public auction at the - front door of the Court Hod's:. In the County of WELD' ' ''` -` ' State of Colorado, or do said premises, or any part thereof as may be specified In the notice of such sale, for the highest and hest price the same will bring'in ensh„four weeks. public notice having been previously given of the time and place of such sale, by advertisement, weekly, in some nowopapor of k••ner,l'circulation at that time published in-raid County 'of' WELD • ' ,a copy of which notice shall be mailed within telednys from the date of:tile-first publlcatlon thereof io the said artherein. gl veil and to such person or persons n D ies of the [Ira[ pn said the address :address given In the Instrument; where to only the acquired a subsequent record nasthe [anti In sale u notice at_the g recorded nand.men t; a and county chd er o Ip given the address pert such uch col a i•, mailed,or certificates county snu and.to make g give,property the purchaser or purchasers of ouch property.therefor, sale, e rtlf'rata pliresui In uwechag rd tor such nentitled thereto).and the sum le sums ❑old: and the Oleo +.the same shall-be eir erred mars fps other h - law;att dsaidthPublic shall be. entitled tn.n deed by deeds t therefor, unlsoti the dame she Wbc redeemed an certificatesi troces oy and ho a -nand l shell, upon on d m nrho hereon on Arran's ltuhling ne ::old cfoti[Irate or arh ofed purchase, when said d(•tuand la made, or upon demand by the Dodson entitled'to a deed to and fur the property' purchased, at the time such demand is 'made the time for which hving expired, make and rde.to such person or. persons a deed or deeds to the said property-purchased, which said deed or deeds .,haul be In the ordinary, form of a conveyance, and shall bo signed,.acknowlcdgcd and..delivered by the said Public Trustee, as grantor,and shall convey and quit-claim to such person or porsons-entitled to such'decd,-as grantee, the said property purchased no aforesaid and all the right. title, Interest,'beneflt and equity of redemption of'the parties of'the first part, ' ' their . heirs and assigns therein and shall recite the sum or sums for which the said property win sold and shall refer to the power of sale therein contained,and to the sale or sales made by virtue thereof; and In case. of an assignment of ouch certificate or certificates of purchase, or In case of'theredemption.of such property, by a Subse- quent encumbrancer,'such assignment or redemption shall also be referred to In such deed`or deeds; but the notice of sale- need not he set MIL In such deed or deeds; and the said Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sale, pay to the beneficiary hereunder or the legal holder of said note the principal and Interest due on said'note according to the tenor and effect thereof, and all moneys advanced by ouch beneficiary or legal holder of said note for Insurance, taxes and assessments, with interest thereon at 12 per cent per annum, rendering the ovorpluo, If any, unto the said part ie$of the first part. theinegai representatives or assigns; which sale or sales and said does or deeds so made shall be a perpetual bar, both in law and.equity, against the said part .1Esof the first part, their heirs and assigns, and all other persons claiming[ the said property, or any' pare'thereof, by, from,.through'.or under said pe`r't iesof the first part'. or any of them. The holder or holders of-said noto.or.notes may purchase eatd.propert or any part thereof;.and it shalt not be obligatory upon the purchaser or purchasers at any such sale to see to the application Of the purchase money. If a release deed be required, It is agreed that the part ies of the first Dart. their . . . heirs-or Dssigns;rail pay;the expense thereof. -- - , No. S 341•A. Deed of Trusr-;Public Trustee• . • , COMPLIMENTS OF 05�� 634 - . 1555588 And the oalapart lee., of the first part, for themselves and for their botrs, executors and a_a • - - .adminlntratorD. covenants .and agrees to and-with the said party of the second part, that at the time of the ennealing.of and dolivery of these presents tlide are- well seised of the said lands and tenemonts In too simDlo, and ha Ve good right,full power and lawful authority to grant,-bargain, soil and convoy the aamo in manner and form es'aforesaid; horoby fully and absolutoiy waiving and releasing all lights and claims ' they • may have in or to said laddss,, tenomenta, and property as a Homestend-raemption, or othor exemption, under rind by virtue of any act of the General Ansombly of the State of Colorado, now-existing or which may hereafter bo passed In relation thereto and that the ammo are free and clear of all lions and encumbrances,whatever. - . ... • • and the above bargained property in tho quiet and peaceable possession of the said party of the second part, his successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties - of the first part shall and will Warrant and rorovor Defend. And that during the continuance of said Indebtedness or any part thereof the said part ies of the first part will la duo Demon pay all'taxes and assessments lovled under the laws of the State of Colorado (oxcopt income taxes) on the and !attractigation on pby rior encumbrances, if assessments levied villaheeD property; buildings amounts may at any time be to bacon°duo an said;Lauda,, insurn account of principal against loss by fire 1n such company or companies as tho holder of said note may,from time to tithe direct,for ouch sum or sums as ouch company or companies will insure for, not to exceed the amount of said Indebtedness, except at'the option of said part'iesof the first part, with loss, if any, payable to the beneflelary hereunder, es theirintereat may appear, and will deliver the policy or policies of Insurance to the beneficiary hereunder,an further security for the Indebted- ness aforesaid. And In case of the failure of said part ice of the first part to thud'inoure and deliver the policies of insur- - ance, or to,pay ouch taxes or assessments or amounts duo or to become duo on any pride encumbrance, if any, then rho holder of Bald note , or any of them, may procure ouch Insurance, or pay such tares or asususmonta or amounts duo upon prior encumbrances, If any, and.u11 moneys thus pal& with interest thereon at 12 per contain per annum, shall become tie much additional indebtedness, secured by this Deed of Trust, and shall bo paid out of the proceeds of the solo of the property aforesaid, If not othorwmo paid by said parties of the first part and may for ouch failure declare a violation of this covenant and agreement- AIrD TEAT III CARD OP ALY DEFAULT, whereby the right of foreclosure occurs hereunder, tho.said party of .. the second part or the holder of said note or certificate of purchase,shall at once become entitled to the possession,tide and enjoyment of the property aforesaid, and to the rants, Issues and profits thereof, from the accruing of ouch right and during the pendency of foreclosure proceedings and the period of redemption; if any there be;and such peeteaslon shall at once ho delivered to the said party of the second part or tho holder of said note or certificate of purcbsao on request and on refusal, the delivery of such possession may be enforced by tho said party of the second part er,tho holder of said note or certificate of perches° by any appropriate civil suit or proceeding, and the said party of the Second,part, or the holder of said note or certificate of purchase, or any thereof, shall bo entitled to a Recolvor for said property and of the rents Issues and profits thereof, after ouch default, Including the time covered by foreclosure proceedings and the period of redemption, if any there to,and shall be entitled thereto au a matter of right without regard to the nolvonay or insolvency of the part ies of the first part or of the then owner of said property and without ropard to the value thereof, and ouch Receiver may be appointed by any court of competent jurisdiction upon ex parts application and without notice— notice being hereby expressly valved--and all'rents,'tssues.and profits, income and revenue therefrom'shall be applied by ouch Receiver to the payment of,the indobtedoess.herebyd_neoureli,according to law and the orders.andh ns roctto of rho court AIM,Thatiln sine of default Id'any of'said-payments cif principal or inteicst, according-to the-tenor and effect of said Promissory note :•aforesaid,:or any of thorn;or;any pait'thereot,or of a broach or violation 6i'any:of the Covensnto or agreemonm'hereir,-by the part%i sottho:firnt' art .their' '.executors, admfntutrators-or.assign°,then and In-hat case the whole of.sald ptincipai bum hcroby secured, and,tho.Interest thereon to the time of sale,may at oaco,.at the option of the legal bolder thereof;become due and payable, and the said property be sold In the manner,and'wlth the tame effect as If sold Indebtedness had matured, and that If foreclosure ho made by the Public Truntee„an uttornoyrs foe of them=of a re bonable..amount ltarfor services inthe auperilelon of said.foraclosaro procee ng° ehall.be allowed by:titu Publlc•Truatee'aa apart of.thor+tiO cost of foreclosure,and-if'doreblosuro be:made through the courtn.n reasonable attorney's fee °hall he taxed by.the.court an a part of the coats of.ouch.foreclosure proceedings. III wrimass wBDILEOP,Tho said part tee of the tirst part ha Ve hereunto not - their ' ' ` hind and ' seal the day and year first above written. - WITNESS: • .. WEAL] STATE OF COLORADO, The foregoing instrumonl wan n owledged before me thin 30th y County of Jet ter.svni,,,, °8' day of.September...,107.0..,by • Its-TRICK. • IMS.and.LENORA„CRLLIN$ .• b • •• 1 n p ess my ,d , r official e k..' T:. y COMM .K .lens.... tf r..3.,. .0...., ,n ...... . ..� . . .. . .JO a � .. .. - Notary Public. . - • Mbdrein ' '1.�'• r H..t •a r _A - .. r_._:_, 'M. 'a 6 D s lY e 0 B0, *2 tai to h C1 „, .. a. .i rn 0 ODItD ems+ 6 •-'� co s, 0 CJJ o O ee _ LrJ7 €� vi C al1' . -, ' �rr/. ea Ll)i f�d� - v .� , 'V• .i fn CO �i Vat ® K • F a W O a co O t7 k ca co O F r qq cc i �1 ra O' . +�' ..y�-�gal o q l ..,:a , �: 9 r , o H t. Le i A U .� I- ca , gm O a00R 3_'. .o'clock. ..M•, ANN Al�G 6 ism . O? L� Recorded at. H 63 Reception No 1552655 jSPOMER Recorder. O FRED HARSCH and GLENN R. BEST IState Documentary Foe 0' Dote AUG 6 197Q whose address is Longmont County of Weld , State of UN S In Colorado , for the consideration of SEVEN THOUS'ND •.o FIVE HUNDRED and NO/100 - 04 LA dollars, in hand paid, hereby sell(s) and convey(s) to In 0 NI PATRICK L. C0LLINS and LEN0RA C0LLINS rI wit • County of whose address is Northglenn , UN ,O Adams , and State of Colorado the following real property in the re O p o County of Weld , and State of Colorado, to wit: itp- o A tract of land 10.07 acres more or less, situated in the South East 1/4 of Section 12, T. 2 N. , R. 68 W. of the 6th P.M. , Weld County, Colorado, described F2 .o as follows: beginning at the South East corner of said Section 12, thence North ao cg 494.00 feet along the East line of the South East 1/4 of said Section 12, to the C6 -c true point of beginning, thence.North 330.0 feet along the East line of said South East 1/4, thence S. 89°15'30"W. 1329.42 feet parallel to the South line of said South East 1/I, of Sec. 12, thence S.09°0'33"W. 330.0 feet, thence N.8n°15' 30"E. 1330.27 ft. more or less to the true point of beginning,; subject to existing rights of way and easements, liens by reason of the inclusion of' said premises in the Northern Colorado Conservancy District and Fire Protection District, and liens incurred by grantees. Reserving unto the grantors all oil, gas and other minerals lying in or under said property with all its appurtenances, and warrant(s) the title to the same, subject to Taxes for the Year of 1969 and subsequent years, existing rights of way and easements. Signed this 5th day of Februar , 19 69 . _1/21hdt,:1_0 STATE OF COLORADO, ss. County of Boulder The foregoing instrument was acknowledged before me this 5th day`€5 Fdbry(f , 19 69 , by Fred Harsch and Glenn R. Best X r�q`k�074 eloR expires Acid . 0. r yy ,jy h and official seal. tp• .....,...«.F i 2 a .� I-- -4 '•.yl •••„Q• /� Notary Public ! .......rC0` . Statutory AoknowiedDment.It by natural person or persons here insert name er names; If by person acting In representative or official capacity or 88 attorney-In-fact then Insert name of person us executor attorney-In-fact or other capacity or descrip- tion; if by officer of corporation then Insert name of such officer or offflre as the ➢resident or other officers of such cor- poration naming it. fgcrR -n . • No. 897. Warranty Deed—Short Form—See. Its-I-I9.C.R.A.1963.—Bradford Publishing Co..182446 Stout Street.Denver.Colorado } COLORADO DEPARTMENT OF HEALTH Water Pollution Control Division • 4210 East 11th Avenue Denver, Colorado 80220 Wastes Inventory DATE: * 8/28/72 Livestock Feeding Operations COUNTY: Weld Company Name G Address Patrick L. Collins Route 4- - Box 1155 G 1 , LongmorltjColorado 80 01 Type of Operation: Feedlot ' Dairy Farm Other Kennel Stockyard Hog Farm Average Stock Population (Give daily and monthly changes if any) 20 4 Runs, 14'.X210' , 6 Head per run Total Stock Pen Area and Capac.]ty 2 new Runs for new puns and bitches Are Stock Pens Paved? --NO . Method and Frequency of Disposal of Manure Runs are picked twice a day and • used for fertilizer and are plowed under Does Method Control Fly Breeding? Yes . Spray is also used • • Is Rodent Control •Practiced? That is not necessary. • Treatment and Disposal_ ofStock Pen .Drainage None is needed Stream or Water Body Receiving Drainage (Name, Distance, and Direction) None How. is Area Zoned? ,Agricultural Distance 6 Direction from Nearest Community 2 Miles north of Firestone Method of Dead Animal Disposal .They are buried Prepared by: Ben Klein Law Offices WP-12 (9-67-4) • • I. • . $- I. wpu-25•as o STATE OF COLORAD01 / x✓_— 1.��0 ' ll / ' 1 • Index No. DIVISION OF WATER RESOURCES . • _ IDWD OFFICE OF THE STATE ENG NEER `..,I13.).:;.1 ,,,) ,' j1< , O Registe`erf MAP AND.STATEMENT FOR WATER ELL F ING �' HERMIT NUM6ER - v,:. STATE OF COLORADO • ) , WELL LOCATIOON • 0 • COUNTY OF r{N ,.9 'L 1 ) )' SS • . , si �' Ii ., i 1C•oUnty •' Know'a men by.these presents: That the'undersigne •d 14 of • S L ' %, sec '•�� n II • ( • 1 �J •• • r • '1 ,•�, �1 C � � , T ..2:iii. !; ,R• � -t3'� 1 l�r�P M.,, -ice I_ 1 ), clai haht(s), whose/ address is 9 G' 1 e L'1,S`' I' I `7 f^ Pt : INDICATE WELL LOCATION ON D)AGRAM' .1 . 1 , / �L-" -p( f 4/l9 (lab- IF 2-33 NORTH • City �S /l'. States: I , i . :. I . 13iLill. Claimant(s) is (are) the owner(s)of the well described hereon; the • I - __ -_I 1 /? ' i , "in.r' • total number of acres of land irrigated from-.this well is • p I + T 1 --,•''•.:., "° II I ' ' • workwas commencedSon this welh\by'actuaLsonstruction 9L I'' I 1, I - I�, I 'm day_of ce-Y14 6,49, ti� , I.. i I I t theryield from said well is I 91—.6 (gpm), for C\ ' t` ;which claim is hereby made-for ' O �- o_ purposes; • -'• I.. i • I •I r . __•.. • sour r (1, that the average arn'ount of water to be' diverted is a e ,.,/� - ;GXQ/IYC,' •("� acre-feetF ind that the aforementioned WELL SHALL BE LOCATED.WITH 3EFERENCE To •II 1 . • GOVERNMENT SURVEY CORNERS OR MONUMENTS, • - statements are made and this map and statement are filed in..„ OR sEqT.IdN LINES BY DISTANCE AND BEARING. . coin iaRce wiJ 111 the lliv. _ 'ft. from - section line, ' ., 4 '. . 1 • • • • (North or South) II , • - • Claimant(s) . • ' ft. from • section line. _ day of (East or West). '( Subscribed before me onahis- v , ' 19 • Ground Water Basin My commission expires i.l ,: =,: ,; r.! , Water Management . District • • i, 1' ' • Notary Public • Domestic wells may be located'.by�the'Ifollowiri WELL DATA 9• Date;Cbmpleted rvrtacJ- sI+ - t, 7 0 LOT , BLOCK '' • , '!, •^ , - ' 6' /I C; Static Water Level i\ — iL • SUBDIVISION J 'Total Depth V- ) Y1- FILING k :, ACCEPTED FOR•FpILING IN THE-OFFICE OF THE STATE ENGINEER OF COLORADO ON THIS , !, .(; •)! DAY OF •1 r h diJ `, !ft, ,c1/ 1 i — , • • ilt, , 'i ,.l i,:i-, • I SOIL CONSERVATION SERVICE 2017 9th Street Greeley , Colorado 80631 RE: Soil Survey and Interpretation DateS TO: Att" Soil Conservation District Gentlemen : I wish to request your technical assistance to supply me and the Weld County Planning Commission with a soil , site and land inven- tory interpretation on land which I own located as follows : (Please be specific - show legal description - attach sketch map , if necessary) . A tract of land 10. 07 acres more or less situated in the South East 1/4 of spa i^^ » m rr u 68 �nr of the a+h p nR t�reld Co mtv Colorado My intended use of this land for which I require soil information is : Check as applicable . 1 . Mobile home sites 2 . Septic tank filter field —3 . Homesites _4 . Animal waste sewage disposal system X 5. Other FENNEL I understand that this soil survey and interpretation is intended to assist me in gaining knowledge of :the physical features pf my soil and does not necessarily replace one-site investigation or tests for special physical hazards' and/or design or constitute any type of official approval or disapproval for a proposed land use. Sincerely, Name Mr. and Mrs. Patrick Collins Route 4 Box 115 G Approved for Technical Address assistance (if applicable) Longmont, Colorado 80501 Supervisor Phoue 772-3129 __ Hello