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Home My WebLink About780838.tiff —J. CZ) 0 o .C�/ ' APR 21 1978 BO 4(829 Recorded at yam+! ry A o'clock �Vl •7 Rec. No ...175.1219.. Mary Ann Feuerstein, Recorder 5-/ RESOLUTION RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 58 - LYNN A. BRASS AND SYLVIA V. BRASS. o- ' a WHEREAS, the Board of County Commissioners of Weld County, 04 ri Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the • affairs of Weld County, Colorado, and o' �^ WHEREAS, the Board of County Commissioners of Weld County, Colorado, has reviewed the request of Lynn A. and Sylvia V. Brass for an exemption from the definition of "subdivision" and "sub- divided land" in Section 30-28-101 (10) , CRS 1973 , as amended, and Section 2-1 of the Weld County Subdivision Regulations, and WHEREAS, the Board of County Commissioners finds that Mr. and Mrs. Brass own two separate parcels in the Swo, Section 31, Town- ship 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. One parcel being 0. 138 acres, as set forth in Exhibit "A" being attached hereto and incorporated herein by reference, is located in the Town of LaSalle, which has an existing set of improvements. The second parcel, as set forth in Exhibit "B" being attached hereto and incorporated herein by reference, is located in the un- incorporated area of Weld County. Mr. and Mrs. Brass wish to add 0. 149 acres to their parcel in the Town of LaSalle. The purpose for this is to create a parcel of land so that access to the exist- ing garage can be facilitated. The newly created parcel will become a part of the existing parcel with improvements and would not be considered as a separate site for a dwelling. The legal descrip- tion for the two combined tracts of land is set forth in Exhibit "C" being attached hereto and incorporated herein by reference. WHEREAS, the Board of County Commissioners has considered the recommendations of the Department of Planning Services on this matter and has reviewed the information submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the aforementioned tract of land owned by the applicants, be and hereby is , declared to be exempt from the definition of "subdivision" and "subdivided land" `= 780838 r- ,"` 1751219 sooK 829 5-a as set forth in Section 30-28-101 (10) , CRS 1973, as amended, and in Section 2-1 of the Weld County Subdivision Regulations , subject to the three following conditions: 1. Annexation procedures for the 0. 149 acres to be initiated within sixty (60) days. 2. No additional dwelling units be permitted to be constructed on the property. 3. An easement be granted to and across the Brass property for the storm tile and also sufficient to handle the flow of storm water as has traditionally flowed across said property. This easement shall be surveyed and located with the costs incurred by the Town of LaSalle and then duly recorded. BE IT FURTHER RESOLVED that the Board finds that said tract shall be considered a single lot. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 3rd day of April, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: /�" anewelotiAdatarThek�7 d County Clerk and Recorder and lerk to the Bo.r• By: L, ad Deputy County `^ c:APPROViAS TO ,Z:2;i: . County Attorney Date Presented: April 17 , 1978 • EXHIBIT "A" 1751219 2,004329LE ,AL. DESCRIPTION. (FIEsr rcAci) -3 A IRACI Of LAND LOCA1ED IN THE SOUTHWEST QUARTER (SWI/4) OF SECTION 31 , TOWNSHIP 5 NORTH, RANGE 65 WEST OE THE SIXTH PRINCIRAI MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PAR- TICULARLI DLSCRIBED AS FOLLOWS: I� �� COMMENCING AT THE SOUTH QUARTER CORNER (S1/4COR) OF SAID SECTION 31 ; • 7 THENCE NORTH 36 23' 00" WEST. 937.53 FEET 10 A POINT. SAID POINT BEING THE SOUTHEAST COR- PA L NER (SECOR) 01 CONNFLL'S SECOND ADDITION T1 IIIE TOWN OF LASALLE; THENCE NORTH 54 00' CO" WEST, ALONG AN EXTENSION OF THE SOUTH LINE OF SAID CONNELL'S SECOND ADDITION. 650.00 fEET TO 1HE TRUE POINT OF BEGINNING; MINCE CON' INUINL, HORIII 54 00' 00" WI `,I , 7T,.OG III I : THENCE NORTH 36 00' 00" EAST . 60.03 IEEE.; IHLNCL SCUIII 54 00' 00" EAST. 75. 00 FEET; THENCE SOUTH 36 00' 00" WEST. 60.00 FEET TO THE TRUE POINT OF BEGINNING. 7 SAID TRACT OF LAND CONTAINS 0. 139 ACRES. MORE OR LESS. SURVEYOR ' S CERTIFICATE I HEREBY CERTIFY THAI THIS MAP OF LAND PROPOSED TO BE ANNEXED TO THE TOWN OF LASALLE, COLORADO WAS P tET'ARED BY ML OR UNDIk MY DIRECTION AND THAT THE SAME IS CORRECT TO THE BEST OF MY XNOWLEUGi AND BELIEF. I FURTHER CERTIFY THAT MORE THAN ONE-SIXTH (I/6) OF THE EXTERIOR BOUNDARY OF THE PROPOSED LANDS 10 BE ANNEXED IS CONTIGUOUS TO THE PRESENT BOUNDARY LINE Of IHT iU N OF LASALLE. COLORADO. C t - 'T b 2t-,et . /%-;znc' _ GERALD B. MCRAE. REGISTERED LAND SURVEYOR AN: PROFESSIONAL ENGINEER. COLORADO REG. NO. 6616 y '~ r • r , J!r Z Cu, )• L 4 LX . , 5 NP 9LX ' O2 • . 900K 829 ^ r, nti ltnl r, t;l Inl; I I^d r, EXHIBIT "B" 1751219 824 12th Street S-'{ Greeley, Colorado 80631 Telephone (303) 356-6100 Engineering, Surveying, Planning & Land Development FEBRUARY 28,1978 LYNN BRASS PROJECT NO. 78014 LEGAL DESCRIPTION (SECOND..TRACT ) A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 , TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELT) COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM{1JCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31 ; THENCE NORTH 36° 23' 00" WEST, 937.53 FEET TO A POINT, SAID POINT BEING THE SOUTH- EAST CORNER. OF CONNELL'S SECOND ADDITION TO THE TOWN OF LASALLE; THENCE NORTH 54° 00' 00" WEST, ALONG AN EXTENSION OF THE SOUTH LINE OF SAID CONNELL'S SECOND ADDITION, 725.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 54° 00' 00" WEST, 3.00 FEET; THENCE NORTH 36° 00' 00" EAST, 160.00 FEET; THENCE SOUTH 54° 00' 00" EAST, 78.00 FEET; THENCE SOUTH 36° 00' 00" BEST, 80.00 FEET: THENCE NORTH 54° 00' 00" WEST, 75.00 FLE'E'T; • THENCE SOUTH 36° 00' 00" :TEST, 80.00 FEET TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 648o SQUARE FEET (0.11+9 ACRES) . JURVEY0R'S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION THIS LEGAL DESCRIPTION WAS . ,, PREPARED ON FEBRUARY 28, 1978. '✓�p • � ,D r re l,-.1..• c GERALD B. McRAE, REGISTERED LAND SURVEYOR AND it 4 C010 -" j PROFESSIONAL ENGINEER, COLORADO REG. No. 6616 ‘.`,.\ tsT . ; o° ' 12- . of 8829 • EXHIBIT "C" 1751219 I,_CAL ; ESYH U [MN 5--S (COOBINEU TRACTS ) A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 , TOWNSHIP 5 NORTH, RANGE 65 WEST OF IRE SIXTH IRINGU'AL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIGI:D AS FOLLOWS: ' CO?L'•fENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31 ; THENCE NORTH 36° 23' 00" WEST, 937.53 FEET TO A POINT, SAID POINT BEING TIE SOUTH- EAST CORNER OF CONNELL'S SECOND ADDITION TO THE TOWN OF LASALLE; THENCE NORTH 514° 00' 00" WEST, ALONG AN EXTENSION OF THE SOUTH LINE OF SAID CONNELL'S SECOND ADDITION, 650.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 5h° 00' 00" WEST, 78.00 FEET; ' THENCE NORTH 36° 00' no" EAST, 160.00 FEET; ° 1/1 cJ13 (11 THENCE SOUTH 514° 00' 00" EAST, 78.00 FEET; THENCE SOUTH 36° 00' 00" WEST, 160.00 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 12,1+80 SQUARE FEET (0.287 ACRES) , MORE OR LESS. SURVEYOR'S CERTIFICATE I DO HEREBY CERTIFY THAT, TINDER ;.fY PERSONAL SUPERVISION, THIS PLAT AND LEGAL, DES- CRIPTION WERE PREPARED ON FEBRUARY 28, 1978. �..... I3. /.� � 1G-Ltr Pt=° f"!l -�C_C i• 4 ,,E�V1,if�;iG. Sto GERALD B. MCRAE, REGISTERED LAND SURVEYOR AND PROFESSIONAL ENGINEER, CTLUP.ADO REG. NO. (616 6616 E. OF GOOD/ • McHAE & SHORT, INC. 824 - 12th Street Road 780/4, CO re- (7) N f : is; 4 r Z ? ---- < gal. W r� g 1s 0 3 f 0 u .- m '' 1 H Z K N \1 p W a t � • cc: resolution granting SE #58 RECEIPT FOR CERTIFIED MAIL-30c, (plus postage) POSTMARK SENT TO OR DATE 1\116r1:7. & Mrse Lynn Brass �,,, STREET AND NO. ei6.17 Mountvew Road P.O. 4/17/78 STATE D ZIP CODE _ taSatle, Co. 80645 L"' _ OPTIONAL SERVICES FOR ADDITIONAL FEES 'e-!' 1. Shows to whom and date delivered 6515Q RETURN With delivery to addressee only Ci . RECEIPT 2. Shows to whom,date and where delivered 350 SERVICES With delivery to addressee only 50d DELIVER TO ADDRESSEE ONLY -___ SPECIAL DELIVERY (extra lee required) Z PS Farm 3800 NO INSURANCE COVERAGE PROVIDED— (See other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL *GPO: 1974 O-551-454 O in N N O w y Z. R. N ' • 0a »p�IT g 00 at C qJ hj rillR. a u D Sa N ; I 9 -tJ.1 6 i ago S 9 � 0 � 1 ]Oflh111 O o p ro y 'to >,..,,F., >-,1 C, ai Co 0 ,T a 10 N a a •g , E C , rl 3 Wup latou r-- r'.., 'a j o I� N • LT up E uS , _ N Y i N p b Q Qv.gt W • > C N J-I L O Lo 9 �, ce W d' fig i@ p Ei Q Ei e� '73 u Q I, W > 185 pa S W O 0 ` d 0izz , O u W O O {y� O tt�� O yyrt W W W 0 \•I N W � i S W•G W� J • !\ U: J C i el w a S" < D < tn � l ❑❑ O D z w C a • e d PS Form 3511,Nov.1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL f. N " - O-.- FIELD CHECK Q FILING NUMBER SS - se) sizt a NAME %%MSS REQUEST SLtkjatV\SIOb, n �@X•Q,yvk(�S'1� • LEGAL DISCRIPTION Pk , 1�"`e �� 3t ` ts,1 , Q(o6W ' ` • ' ' • LAND USE N _ y\cul °\Ara► 1 E i'e 1 `P 1 ea t s Resibi Le.,,$ r 1 W toirYtCc%O Avat ZONING N 1P \C(AOrtAwa \ LOCATION ' ,9,S 6 E `r0 r% k,.A, 1\.�, S ii VICErva^^-0 00MMENTS : VNP.1 X4.„0 . one, 1Pa 0 y ItAal %% LI, , wl0 1-A-; 1R/\4A.ci, CIA' \\ '..e_ G.vpw. t�. A 4aask o1 tr® 'PMl At Aa A + . 'R 1Vic Leal Or% 1 1•v 1;By ark ape..S4s OSUBDIVISION EXEMPTION CC • FLOW SHEET • • County Commissioners Meeting Date: ® Qt�G� i� I 1'{ E) 6 Applicant : s/fly\ 1s SI.u\uio aros5 Case #: �n� j 11 Legal Description: ��, 'OUST 'O ! .T51U , P5 �y r r 1 Date I 8a I • Application Received 43/1 16 ° EkA Application Complete '319 'Mb C Letter to Applicant Drafted 3 /61 i122 C ` 9//o / Y D � � ) SE# Assigned 3��® .7 r a&w Air Photo Map Prepared' 3��o/7s PA-kW • Chaindexed 3 ' Lz Applicant Notified 3—bb • Legal Approved by County Attorney 3/7,1)18 n )-b Field Check by D.P.S . Staff 3131 ) 16 l D.P.S. Recommendation Drafted 3 - 30 CAC , C D.P .S . Recommendation Typed 73 - 5-1,) eifieft) Packets Xeroxed • Py 3 l R�/YVf� • History Card - Completed • • • ,ktgire („ (i TO: Board of County Commissioners Date April 3 , 1978 Subdivision Exemption # 58 Applicant: Mr. & Mrs . Lynn Brass The owners of the following described property have requested an exemption from Section 2-1 of the Weld County Subdivision Regu- lations adopted August 30 , 1972 , which defines the term subdivi- sion: Pt . SW* Section 31 , T5N, R65W The Planning Department has reviewed this request and recommends that the request be approved for the following reasons : DOES DOES NOT X Require water X Require sewer X Create traffic problems X Fall in flood plain X Agree with Planning Commission -policy X Create housing X Agree with surrounding land use X Meet all known requirements COMMENTS : Mr. & Mrs . Brass own two separate parcels in the SW* Section 31 , T5N, R65W. One parcel being 0. 138_ acres is located in the Town of LaSalle, which has an existing set of improvements. The second parcel is located in the unincorporated area of Weld County and is approximately 6 acres in size. Mr. & Mrs . Brass wish to add 9. acres to their parcel in the Town of LaSalle . The purpose 64 this , as indicated in a letter dated March 3, 1978 , is to create a parcel of land so that access to the existing garage can be facilitated. The newly created parcel will become a part of the existing parcel with improvements and would not be considered as a separate site for a dwelling. The Town of LaSalle has reviewed the request and has recommended approval subject to the following conditions which Mr . & Mrs . Brass have agreed to : 1 . Annexation procedures for the 0. 149 acres to be initiated within sixty days . 2 . No additional dwelling units be permitted to be constructed on the property. Board of County Commissioners April 3 , 1978 SE-58 Page 2 3. An easement be granted to and across the Brass property for the storm tile and also sufficient to handle the flow of storm water as has traditionally flowed across said property. This easement shall be surveyed and located with the costs incurred by the Town of LaSalle and then duly recorded. „----) 2 Z ing Administrator J 1 f\ 1 LJ +wn a<4Ski5A�w: r3p"#'2. Jf #; fw IF40,..e.::( [,y i. E}, INTERl01i� .. — 0 7y t. Y! • Uk -t � 9�., BNf.k l i Y M1 I. ['M nit, 7HW { ;• VEY A W R &b Y1 �4'"w rt enr 10 u 5 I. ' tit? 11.el ✓• { 71- 4.4 .1 JFt ... N lI 2 �rM1 F < Ti Filar iS d .'.... " wv aua _ y..Afqy,3 r ,,.li ♦ s,. {.H llf i. „Ta _ r 29 Y _ :Gtr - w.�! -_ 1411I . M," ¢ t gip' M •A'Yi, r w: ..r k ._ 2 1 ' • asta- - A " •� �j{w e.. .r0 N`t <rri. y y,. ax ,j r f e ', •,rt" ° i nR� x. Y ! `- la•btiy h to �. .e ' ^i Bi d. er • I es40• a y 1 .5$'J 8•8J yJ°" 9 , d v- `, dj ,rte,. t'Rt�?�1 ,�,0y�y y _ rt..ir LI Jr'e ;~ .wt. u. • 3 $ d 1. ~ • d J/ / \ �� r - • o. ��,y� , 6 �. .T ,. ! " ,. • x y �• I tl ' vh. A -, i I 41 of yy �' ♦ y� � { .� y[ y 1 - d 1r� l o w r y 4 licl A t O d ^ � `.fir, �� , ......,, , man . .., a{ -..t; 1 . p . � 48 1 17: 1I 0 it- iii tit 1 I'S_ i , I :11. t . k` .\ 'N N i / 414) a N. k N. a t my 4, e • y x `� S '^ dl5 co.. R' , ';',./;tr .. wI" ' .:$:J ¢ '% t la', a iy LEY �7177k* `,. • [ A 4tt; f F� . '% � 1'....n.", � - . S 7 �,�p/ - -!."".....<44;107., r . i 'gay �k' / w snY N��a,.h }W k .. �'f O:, tryIX �. "k`r k + � ///�+J��—/I > rt :.,w3 P r aA 7 / ;1 II0 Ks 6 I� f 40 0 id;t4N \ :".7#71., 4 i .• V / �, fir'HIV , 41 ajk , ,•,,, .,./. - . 41.11. ., 1..• ‘y:zkcH" .' / "1 fop ,� - ./ 'xE. �r( ,..4' ,.re / t ;off V as' Y)�ii� i/6.o'\ O 0 I�. .: '" a 'z � i w ar'� ' �'S'�C taps TZse 0144 Sae, estenete POST OFFICE BOX 427 LA SALLE, COLORADO 80645 March 29 , 1978 Board of Weld County Commissioners Mr . Ed Dunbar, Chairman Box 758 Greeley, CO 80631 Dear Sirs and Madam: RE : SUBDIVISION EXEMPTION REQUEST - Lynn and Sylvia Brass After review by the La Salle Planning Commission and Town Board , recom- mendation has been made to accept the Subdivision Exemption request made by Lynn and Sylvia Brass subject to the following conditions which have been agreed upon with the Brasses ' approval . 1 ) Annexation proceedures for the 6480 square feet ( . 149 acres ) be initiated within sixty days and all appropriate fees are applicable but negotiable . 2 ) No dwelling units be permitted to be constructed on the entire lot of 12 ,480 square feet ( . 287 acres ) . 3 ) An easement be granted to and across the Brass property for the storm tile and also sufficient to handle the flow of storm water as has traditionally flowed across said property . This easement shall be surveyed and located with the costs incurred by the Town of La Salle and then duly recorded . Please contact me if you desire further information and/or if my presence would be helpful at the time you consider this subject . Thank you for referring this matter to us and for your cooperation and assistance . Very truly yours , Lisa Warnecke r d, 4. -O) Town Administrator S eci MAR 1978 h RECEIVED LW;gb Weld Couory zo Maeein Coaaiadee 6(911191 910)6 Board of County Commissio: s ^rch 3, 1978 Weld County Greeley, Colorado 80631 Dear Members: Please consider this letter a formal request for a subdivision exemption for the purpose of adjusting the lot lines on the property described on the attached maps and legal descriptions. It is our desire to adjust the lot lines on a parcel of land owned by us and located in Weld County to form a parcel measuring approxi- mately 78' x 80' (6,240 sq. ft.) which adjoins our lot measuring approximately 75' x 80' (6,000 sq. ft.) with improvements and located in the Town of LaSalle, Colorado. It is also our desire to establish a new lot line approximately 3 feet from the existing lot located in the Town of LaSalle, Colorado for the purpose of widening the driveway. The combined lots would then measure approximately 78' x 160' (12,480 sq. ft.) . The purpose of this request is to create a parcel of land so that access to the garage can be facilitated and the existing improvements can be used more completely. Without this exemption a new owner will suffer severe physical limitations in the use of the previously described lot situated in the Town of LaSalle. It is expressly understood that the newly created parcel will become a part of the existing lot with improvements and would not be considered a separate site for a dwelling. It is our intent to sell our house with the combined lots as one parcel measuring approximately 78' x 160' (12,480 sq. ft.) so that the physical layout will have more utility and be more functional. We believe this to be a reasonable request and ask for your expeditious approval. Yo rs truly, LY BRASS SYLVA BRASS LEGAL DESCRIPTION (F/es? Tie Act A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER (SWI/4) OF SECTION 31 , TOWNSHIP 5 NORTH. RANGE 65 WEST Of THE SIXTH PRINCIPAL MERIDIAN, WEED COUNTY, COLORADO AND BEING MORE PAR- TICULARLY DESCRIBED AS FOI10'4S: 31, COMMENCING Al THE SOUTH QUARTER CORNER (SI/4COR) OF SAID SECTION 31 : THENCE NORTH 36 23' 00" WEST. 937.53 FEET TO A POINT. SAID POINT BEING THE SOUTHEAST COR- . 1 PA L NFR (SECOP) O1 CONNELL'S SFCOND ADDITION IEEE. TOWN Of LASALLE; THENCE NORTH 54 00' 00" WEST. ALONG AN EXTENSION OF THE SOUTH LINE OF SAID CONNELL'S SECOND ADDITION, 650_00 FEET 10 THE TRUE POINT OF BEGINNING: !HI.NH CON• INHI NI, N051H ',H 00' 00" NFH . TY.00 III H THENCE NORTH J6 00' 00" EATI . 80.00 TEET; !HENCE SOUTH 54 00' 00' FAST . 75. 00 FEET: THLNLE SOUTH 36 00' 00" 8101 . 60.00 FELT TO THE TRUE POINT OF BEGINNING. 7 SAID TRACT OF LAND CONTAINS 0. iFr ,ACRES. MORE OR LESS. SURVEYOR ' S CERTIFICATE HEREBY CERIIF'i THAI THIS MAP OF LAND PROPOSED TO BE ANNEXED TO THE TOWN OF LASALLE, COLORADO aAS r.�EPA' ED 6i ME OR UNDER MY DIRECTION AND THAT THE SAME IS CORRECT TO THE BEST -7 OF OF MY XNOnLFOGE AND BELIEF . I FURTHER CERTIFY THAT MORE THAN ONE-SIXTH (I/6) OF THE EXTERIOR BOUNDAEY OF THE PROPOSED LANDS TO BE ANNEXED/ IS CONTIGUOUS TO THE PRESENT BOUNDARY LINT 01 I'HI TOWN CF LASALLE . COLORADO, r a T B n GERALD B. McRAE. REGISTERED LAND SURVEYOR ANC PROFESSIONAL ENGINEER, COLORADO REG. NO. 662 R 't Q A L� Et �P L< O2 4 McRAE & SHORT, INC. 824 - 12th Street Greeley, Colorado 80631 Telephone (303) 3566100 Engineering, Surveying, Planning & Land Development FEBRUARY 28,1978 LYNN BRASS PROJECT NO. 78014 LEGAL DESCRIPTION (SECOND. TRACT) A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 , TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31; THENCE NORTH 36° 23' 00" WEST, 937.53 FEET TO A POINT, SAID POINT BEING THE SOUTH- EAST CORNER OF CONNELL'S SECOND ADDITION TO THE TOWN OF LASALLE; THENCE NORTH 54° 00' 00" WEST, ALONG AN EXTENSION OF THE SOUTH LINE OF SAID CONNELL'S SECOND ADDITION, 725.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 54° 00' 00" WEST, 3.00 FEET; THENCE NORTH 36° 00' 00" EAST, 160.00 FEET; THENCE SOUTH 54° 00' 00" EAST, 78.00 FEET; THENCE SOUTH 36° 00' 00" WEST, 80.00 FEET: THENCE NORTH 54° 00' 00" WEST, 75.00 ILET; THENCE SOUTH 36° 00' 00" WEST, 80.00 FEhT TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 6480 SQUARE FEET (0.149 ACRES). SURVEYOR'S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION THIS LEGAL DESCRIPTION WAS PREPARED ONN/yFFEBRUAR�'YY 28, 1978. o� s 7 ®l 41 GERALD B. McRAE, REGISTERED LAND SURVEYOR AND * 6 616 I * PROFESSIONAL ENGINEER, COLORADO REG. NO. 6616 \ \ ''' , / %Pe,rf OF_ C0,0P i LEGAL DESCRIPTION (COMBINED TRACTS ) A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 , TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLIGWS: COLMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31 ; THENCE NORTH 36° 23' 00" WEST, 937.53 FEET TO A POINT, SAID POINT BEING THE SOUTH- EAST CORNER OF CONNELL'S SECOND ADDITION TO THE TOWN OF LASALLE; THENCE NORTH 54° 00' 00" WEST, ALONG AN EXTENSION OF THE SOUTH LINE OF SAID CONNELL'S SECOND ADDITION, 650.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 54° 00' 00" WEST, 78.00 FEET; Q M THENCE NORTH 36° 00' 00" EAST, 160.00 FEET; vl'I THENCE SOUTH 54° 00' 00" EAST, 78.00 FEET; THENCE SOUTH 36° 00' 00" WEST, 160.00 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 12,480 SQUARE FEET (0.287 ACRES), MORE OR LESS. SURVEYOR'S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS PLAT AND LEGAL DES- CRIPTION WERE PREPARED ON FEBRUARY 28, 1978. GERALD B. McRAE, REGISTERED LAND SURVEYOR AND .7/C° a PROFESSIONAL ENGINEER, COLORADO REG. NO. (616 6 616 I * ) o � { s E o OF G0 ° McRAE & SHORT, INC. 824 - 12th Street PROD 750/4 / c;t,re!^y, Cok:ric;° 8X31 Sheet / of ' rtc- .9.t. g.. Sco/e:/'=50' CO, ti0. 4 h cA e. ,p. ,„00 0. 4:4517i06 /` h4 `� `' '` arc 4 X4b4. s. t NO 4$ True Pan! of Oeyinnin9 G , s.. rc Nr S.E. Corner of Cowmen's SECOND Aoo/T/on TO THE Thaw of LASALLE, COLORADO wCt o, � .w South 70 Corner See.3/, T.5N.,RG5WV. McRAE & SHORT, INC. 824 - 12th Street PRO./ 780/4 / Greeley, Colorado 80631 Sheet 20 2 ✓ +5 4 ' • ® I ' r 'l . ,�� F: ‘Nt . b r,. 5 ts Sir I f 1 '' af. ! lip' 14 j'. ,', ' ' :-,'"4: j.t4 4':fil''''''-' . ' 1r. . fi !! ----c- Pst,,„ h ' . ',I j # c ' , ,,i,t;?,:y 7 i J I' 5 d r i r. � . I 4 114, '. h{) J 152158 ,T:•4 BOOK _ I:oc. No.".. Ann Spomar, Rocordm LtX:DQ EXECUTORS' DEED• t a THIS DEED Made this Jq day of May, 1972, between THOMAS V C Q A. CONNELL and ERMA E. ANDERSON, as Co-Executors under the c Last Will and Testament thereto of Dora M. Connell, Deceased, of o • r"• the First Part, and LYNN A. BRASS AND SYLVIA V. BRASS, of the o V Second Part, P d o WITNESSETH: o • That the said party of the First Part for and in consideration of the sum of One Thousand, Eight Hundred Dollars ($1, 800. 00) to the said party of the First Part in hand paid by the said party of the Second Part, the receipt whereof is hereby confessed and acknowledged,has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said party of the Second Part, their heirs, personal representatives and assigns, all of the right, title, interest and estate which Dora M. Connell, at the time of her death, had in and to: A tract of land located in the Southwest Quarter (SW4) of Section 31, Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado and being SL 6 more particularly described as follows: Commencing at the South Quarter Corner (SECor) of said Section 31: Thence North 36°23'00" West, 937. 53 feet to a point, said point being the Southeast Corner (SECor) of CONNELL'S SECOND ADDITION to the Town of La Salle; Thence North 54°00'00" West, along an extension of the South Line of said CONNELL'S SECOND ADDITION, 650. 00 feet to the True Point of Beginning; Thence continuing North 54°00'00" • West, 142. 85 feet; Thence North 00°09'35" East, 893. 42 feet; Thence South 50°22'55" East, 442. 77 feet; Thence South 50° 03'55" East, 224. 61 feet; Thence South 36°00'00" West, 680. 90 feet to the True Point of Beginning. Said tract of O•(, land contains 6. 40 acres, more or less, with all its appurtenances, subject to the 1972 taxes, payable in 1973. IN WITNESS WHEREOF, the said party of the First Part, as Co- Executors of the Estate of Dora M. Connell, Deceased, has hereunto signed this Deed pursuant to the authority contained in the Last Will and Testament thereto of said deceased. • Store Documentary Fee Date72 I HOMAS A. ELI.,, Co-Ex cutor of J V.r._`"" the Estate of Dora M. Connell j 1S/ ' ERMA E. ANDERSON, Co-Executor of .."O y •••• cci, '•., the Estate of Dora M. Connell Ci� x�1T 'OF' bLORADO) r'4' 14TY. OLD ) ss. .The foreegping instrument was acknowledged before me this /2 ° day nD May,..19ta.ky Thomas A. Connell and Erma E. Anderson, as Co-Executors of th'e- Estate of Dora M. Connell, Deceased, Witness my hand and official seal. My commission expires: ,212/9/ Y / ✓ • LEGAL DESCRIPTION (COMBINED TRACTS ) A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31 , TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 31 ; THENCE NORTH 36° 23' 00" WEST, 937.53 FEET TO A POINT, SAID POINT BEING THE SOUTH- EAST CORNER OF CONNELL'S SECOND ADDITION TO THE TOWN OF LASALLE; THENCE NORTH 54° 00' 00" WEST, ALONG AN EXTENSION OF THE SOUTH LINE OF SAID CONNELL'S SECOND ADDITION, 650.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 54° 00' 00" WEST, 78.00 FEET; THENCE NORTH 36° 00' 00" EAST, 160.00 FEET; THENCE SOUTH 54° 00' 00" EAST, 78.00 FEET; THENCE SOUTH 36° 00' 00" WEST, 160.00 FEET TO THE TRUE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 12,480 SQUARE FEET (0.287 ACRES), MORE OR LESS. SURVEYOR'S CERTIFICATE I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION, THIS PLAT AND LEGAL DES- CRIPTION WERE PREPARED ON FEBRUARY 28, 1978. �,!/' �PP 6% eR a 4th lit e) B. McRAE, REGISTERED LAND SURVEYOR AND i PROFESSIONAL ENGINEER, COLORADO REG. NO. 6616 * 6616 'K / o McRAE & SHORT, INC. 824 - 12th Street PRO.2 75O/4 ,,,f Greeley, Colorado 80631 Sheet / of 2 pb°" • • a1 , :A1A1N1A11Atlo9A;01'1 xVpt(v.PtlryP�lnAAfN1 i J 'aA'4'Jp AAp AVIA'61YnAV 1g1p U'A VAA ASV „Aq\WV1n, ,.','" ..',n.. .. LEGAL DESCRIPTION A tract of land located in the Southwest Quarter (SU1/4) of Section 31 , Qk/ Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld g ��( County, Colorado and being more particularly described as follows: p r �vv Commencing at toe South Quarter Corner (S1/4Cor) of said Section 31 : -, Thence North 36° 23' 00" West, 937.53 feet to a point, said point being the Southeast Corner (SECor) of CONNELL'S SECOND ADDITION to the Town of LaSalle; Thence North 54° 00' 00" West, along an extension of the South Line of said CONNELL", SECOND ADDITION, 650.00 feet to the True Point of Beginning; Thence continuing North 54° 00' 00" West, 142,85 feet; inence North 00" ON' 35" East, 893.42 feet; Thence South 50° 22' 55" East, 442,77 feet; thence South 50° 03' 55" East, 224,61 feet; Thence South 36° 00' 00" West, 680.90 feet to the True Point of Beginning. Said tract of land contains 6.40 acres, more or less. SURVEYOR'S CERTIFICATE I do hereby certify that, under rr/ personal supervision, this p1;t „ad 1ef;z1 description were prepared and that the corner monuments indicated herera were properly placed during an actual and accurate survey of the land corr:pleted on April 17, 1972„ This survey does not constitute a report or opinion upon the e/ i',i.eor,e Easements or Rights-of-'Way, whether recorded or unrecorded, and ; t „ report or opinion upon any matters of title. rt. A cr J , rrr.ictr, .icn , • • . PAA'r.. u, = /WE ,s ry` :R, SECT/ON 37, 7.75N , A? I;.5; "p,1r LE0,A1. DESCPIPTION (T-0774-c.. o u n ste ,30cto/ A,ey) A tract of land located in the Southwest Quarter (SV1/4) of Section 31 , Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described as follows: Commencing at the South Quarter Corner (Sl/4Cor) of said Section 31 : Thence North 36° 23' 00" West, 937,53 feet to a point, said point being the Southeast Corner (SECor) of CONNELL'S SECOND ADDITION to the Town of LaSalle; Thence North 54° 00' 00" West, along an extension of the South Line of said CONNELL'S SECOND ADDITION, 650.00 feet to the True Point of Beginning; Thence continuing North 54° 00' 00" West, 142.85 feet; Thence North 00° 09' 35" East, 893.42 feet; Thence South 50° 22' 55" East, 442,77 feet; Thence South 50° 03' 55" East, 224.61 feet; Thence South 36° 00' nn" West, 620.90 feet to the True Point of Beginning. Said tract of land contains 6.40 acres, more or less. SURVEYOR'S CERTIFICATE I do hereby certify that, under my personal supervision, this plat and legal description were prepared and that the corner monuments indicated hereon were properly placed during an actual and accurate survey of the land completed on April 17, 1972. This survey does not constitute a report or opinion upon the existence of Easements or Rights-of-Way, whether recorded or unrecorded, and it is not a report or opinion upon any natters of title. 4.9 /c�i A- syoR hoEert A. Short, egistered and Surveyor / o/ o u\ STEac `� Colorado Registration Number 7242 4 14:‘ ^ a'1• St) SU4� , /�. • q 0 . 1E OF .r SURVEY OF.' n __-....—. w-._ • `r0s co • N. F S O P � er, N S • - 'Q. • .9-5 Or., e- � VS moo c-. l3 c,Jt. ti CG "S N..- / •/ 6.4 0 ACRES 0) 0 Z) 0 k - • 90 cr + 0 E' 0° ,o { •V h , / i. s' / sQ "ys True Point of Beg/nniny } T 0 F O: o // / - / 4.r. NY 0& ....V.s?... �� . :�: i . . d LEGAL DESCRIPTION ` a5 A tract of land located in the Southwest Quarter (S W1/4) Section Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld l � County, Colorado and being more particularly described as follows: Commencing at the South Quarter Corner (Sl/4Cor) of said Section 31 : Thence North 36° 23' 00" West, 937.53 feet to•a point, said point being the Southeast Corner (SECor) of CONNELL'S SECOND ADDITION to the Town of LaSalle; Thence North 54° 00' 00" West, along an extension of the South Line of said • CONNELL'S SECOND ADDITION, 650.00 feet to the True Point of Beginning; Thence continuing North 54° 00' 00" West, 142.85 feet; Thence North 00° 09' 35" East, 893.42 feet; Thence South 50° 22' 55" East, 442.77 feet; Thence South 50° 03' 55" East, 224.61 feet; Thence South 36° 00' 00" West, 680.90 feet to the True Point of Beginning. Said tract of land contains 6.40 acres, more or less. SURVEYOR'S CERTIFICATE I do hereby certify that, under my personal supervision, this plat and lenal • description were prepared and that the corner monuments indicated hereon were properly placed during an actual and accurate survey of the land completed on April 17, 1972. This survey does not constitute a report or opinion upon the existence .,f - - Easements or Rights-of-Way, whether recorded or unrecorded, and it is noz, d report or opinion upon any matters of title. • Ru)ert !, ,kort, K1.g i s l.ei e0 Lam.i Colorado Registration 724? w • 1 , • "4 PART OF T1WE .5"fV 5' , SECT/OA/ 3/, T. .5N, R 65r A! 'r'4✓Pit/. DEED OF TRUST THIS DEED OF TRUST is made this 1St a August 19 g Grantor, - - -LYNN A. BRASS and SYLVIAB�2A SS - -" 75 , amon the ------------------- --'" — (herein "Borrower"), the Public Trustee of Weld County (herein "Trustee"), and the Beneficiary, _ THE GREELEY NATIONAL BANK X7i'gg97RAclomagx➢6fPRgxAi4:1)i kW9(lkt&4h9(ig .__ whose address is Pt O. Box 1098_,_ Greeley,- Colorado 80631 _— — — _therein"Lender"). Boaaowza, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee,in trust,with power of sale,the following described property located in the County of--- Weld --_ State of Colorado: A tract of land located in the Southwest Quarter (SW 1/4) of Section 31 , Township 5 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado and being more particularly described as follows: Commencing at the South Quarter corner (S 1/4 Cor.) of said Section 31 , thence North 36°23'00" West 937.53 feet to a point, said point being the Southeast corner (SE Cor) of Connell 's Second Addition to the Town of LaSalle; thence North 54°00'00" West, along an extension of the South line of said Connell 's Second Addition, 650.00 feet to the TRUE POINT OF BEGINNING: thence continuing North 54°00'00" West, 75.00 feet; thence North 36°00'00" East 80.00 feet; thence South 54°00'00" East 75.00 feet; thence South 36°00'00" West 80.00 feet to the TRUE POINT OF BEGINNING • TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate in the event this Deed of Trust is on a leasehold) are herein referred to as the "Property"; To SECURE to Lender (a) the repayment of the indebtedness evidenced by Borrower's note of even date herewith (herein "Note"), in the principal sum of -EI_ UTEEN__THQU_SAND__AND_.N_O/100 — ollars, with interest thereon,providing for monthly installments of principal a� Merest, with the balance of the Dindebt- edness, if not sooner paid, due and payable on September 1, ZUUU ; the payment of all other sums,with interest thereon,advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained; and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 21 hereof (herein "Future Advances"). Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend gener- ally the title to the Property against all claims and demands,subject to any easements and restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property. COLORADO—rutmc— 2n1—t to 4 Family . UNIFORM COVENANTS. Borrower and.Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the prin- ' cipal of and interest on any Future Advances secured by this Deed of Trust. 2. Funds for Taxes and Insurance. Subject to Lender's option under paragraphs 4 and 5 hereof, Borrower shall pay to Lender on the day monthly installments of principal and interest are payable under the Note, until . the Note is paid in full, a sum (herein "Funds") equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance, plus one-twelfth of yearly premium installments for mortgage insur- ance,if any,all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender shall make no charge for so holding and applying the Funds or verifying and com iling said assessments and bills. Borrower and l Lender may agree in writing at the time of execution of this Deed f Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made, Lender shall not e required to pay Borrower any interest on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as addi- tional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount re- quired to pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within thirty days after notice from Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note and on Future Advances, if any, and then to the principal of the Note and to the principal of Future Advances, if any. 4. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and ground rents, if any, at Lender's option in the manner provided under Paragraph 2 hereof or by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Deed of Trust; provided, that Borrower shall not be required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender, or shall in good failh contest snah lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent, the enforcem,.,, of the lien or forfeiture of I he Property or any part thereof. h, tlo.n,,l loamnnm,P, It",,,,wer shell heep ill,' iiumove nlmis now exinl,ini; or henefler ,ve,Lrl or, I,he Prohazards y Property 111,1111'111j against lees by It,,,, lurranls included within CH teem "extended coverage", and such foul Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid at Lender's option in the manner provided under paragraph 2 hereof or by Borrower making payment, when due,directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, and Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower or if Borrower fails to respond to Lender within 30 days after notice by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender.is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. If under paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof (to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition) resulting from damage to the Property prior to the sale or acquisition shall pass to Lender. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums. Borrower shall keep the Pr.q'orlp 111 ellod repair alit, Pllall not perm,, or enlnnlil WMPlo, imgoairllleml, or Ilolerlrrel i.nl of too I'ropo,'13 and shall comply will, the p,nvisions of any lease, if this Deed of Trust is on a leasehold! If ibis Deed of Trust is on a condominium unit, Borrower shall perform all of Borrower's obligations under the declaration of condominium or master deed, the by-laws and regulations of the condominium project and constituent documents. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained . T • in this Deed of Trust, or if any emotion or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate stated in the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible by applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or do any act hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemna- tion,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Bor- rower and Lender otherwise agree in writing,there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking,with the balance of the proceeds paid to Borrower. If the Property is abandoned by Borrower or if after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days of the date of such notice, Lender is authorized to collect and apply the proceeds at Lender's option either to restora- tion or repair of the Property or to the sums secured by this Deed of Trust. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy hereunder. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated below, except for any notice required under paragraph 18 hereof to be given to Borrower in the manner prescribed by applicable law. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower when given in the manner designated herein. 15. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of Trust shall be governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflicts shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall he furnished a conformed copy of this Deed of Trust at the time of execution or after recordation hereof. 17. Transfer of the Property; Assumption. if all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust,'(h) the creation of a purchase money security interest for house- hold appliances, (c) a transfer by devise,descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and the Note. • If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due, If Borrower foils to pay such sums prior to the expiration of such period, Lender *nay, without further notice or demand on borrower, invoke tiny remedied • permitted by paragraph 18 hereof. a NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. Acceleration Remedies. Except as provided in paragraph 17 hereof,upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust,including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty days from the date the notice is mailed to Borrower. by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable 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 reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 18, including. but not limited to,reasonable attorney's fees. If Lender invokes the power 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 such notice to Borrower as provided in paragraph 14 hereof.Trustee shall record a copy of such 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 such notice of sale in the manner pre- scribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be 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 or more parcels and in such order as Trustee may determine.Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time when the purchaser will be entitled to Trustee's deed thereto. The recitals in 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 reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust. Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney's fees and Trustee's expenses and withdrawal fee; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Assignment of Rents: Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hereof or aban- donment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents,including, but not limited to. receiver's fees, premiums on receiver's bonds and reasonable-attorney's fees,and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21, Future Advances. Upon request of Borrower, Lender,at Lender's option prior to release of this Deed of Trust, may make Future Advances to Borrower.Such Future Advances,with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby. 22. Release, Upon payment of all sums secured by this Deed of Trust. Lender shall request Trustee to release this Deed of Trust and shall produce for Trustee duly cancelled all notes evidencing indebtedness secured by this Deed of Trust. Trustee shall release this Deed of Trust without further inquiry or liability. Borrower shall pay all costs of recordation, if any, and shall pay the statutory Trustee's fees. 23. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property. IN WrrNFss WHEREOF,Borrower has executed this Deed of Trust. LYNN A. BRASS —Borrower SYLVIA BRASS —Borrower 61 I--D1 o n tv tew--Road---------------......-______________ Greeley, Colorado 80631 Property Address STATE OF COLORADO, Weld COUNTY ss: The foregoing instrument was acknowledged before me this____l_St__day by LYNN A.BRASS and SYLVIA BRASS Witness my hand and official seal. My commission expires: Notary Public Lynn & Sylvia Brass SE-58 REFERRALS March 10, 1978 County Attorney Lisa Warnecke LaSalle Town Administrator 369 Main Street , Box 96 LaSalle, CO 80645 P. C. : 3-16-78 PHONE: 284-6543 " � ' ‘14;;;;;;;" I)LPAH I MLN I OI PLANNING SLIHVICLS a PHONE 13031 356-4000 EXT. 400 REET e 915 10TH 80631 GHEE LE V, COLORADO 80631 COLORADO March 10 , 1978 Mr . & Mrs . Lynn Brass 617 Mountview Road LaSalle , CO 80645 RE : Request for a subdivision exemption on a parcel of land de- scribed as Pt . SW, Section 31 , T5N, R65W of the 6th P.M. , Weld County, Colorado Dear Mr. Brass : Your materials for the above described request are complete and in order . I have scheduled a meeting with the Board of County Commissioners for March 27 , 1978 , at approximately 9: 30 a.m . This meeting will take place in the County Commissioners ' Hearing Room, First Floor , Weld County Centennial Center , 915 - 10th Street , Greeley , Colorado. It is recommended that you and/or a representative be there to answer any questions the Board might have with respect to your application . It is the policy of Weld County to refer an application of this nature to any town lying within 3 miles of the property in ques- tion . Therefore , our office has forwarded a copy of the materials submitted to the Town of LaSalle for their review and comment . According to our records , the Town of LaSalle Planning Commission should review and comment on your application at their meeting on March 16 , 1978 . Please contact Lisa Warnecke , LaSalle Town Ad- ministrator , at 284-6543 for further details regarding this meeting. If you have any questions with regards to this matter, please do not hesitate to contact our office . Respectfully , Chuck Cunliffe Assistant Zoning Administrator CC : kmh cc : Stanley F. Sessions Clift-McComb Realty F. e teeC N • m O ° Y & I M ° 'L i JF O • C 9 ,\`I i la 9 u y Y VI = y « .04 " 9 .C9 . $ 8H, = 9Y iie ,Huhi,1 ei „, 11� 0 or N to P4N iLN ,y� a • PS Form 3811,Nov.1976 RETURN RECEIPT, REGISTERED, INSURED AND CERTIFIED MAIL fJ ( (1, nlulu! s u n n co a ea I ',x.1n ` [,®„ _W• g i 00 J w S J 0OLL tY 107 Y "� ! w a a c..Q CO ¢ sz C w a o ” g'>-'5> U e's¢ > o of w 1\62. uN�j Y �n� w o �o ogQ sa¢ o9 r c,� i F g_ w LL ¢ z 'q w a ?g i:w PAg FV¢ w o aoo ° g m a W s < ¢ m ¢ 30IAM3S1d130311 NUMMI 8 " w a c.) w S301Atl3S IYN01140 i m UJ ca 0o a S334N0d831SVW1S0d110SN00 2 ° 9L61 +dy'Oe n ongg • Ems, DEPARTMENT OF PLANNING SERVICES PHONE 13031 356 4000 EXT. 400 C. 915 10TH STREET GREELEY,LE Y, COLORADO DO 80631 COLORADO March 16 , 1978 Mr. & Mrs. Lynn Brass 617 Montview Road LaSalle, CO 80645 RE : Request for a subdivision exemption on a parcel of land described as Pt . SW+, Section 31 , T5N, R65W of the 6th P.M. , Weld County , Colorado Dear Mr. & Mrs. Brass : Please be advised that it will be necessary to rescheduled the meeting date for the above described request to April 3 , 1978 . I was informed by Lisa Warnecke that the Town Board of LaSalle will not meet to review and comment on your application until March 28, 1978 . This meeting, before the Board of County Commissioners, will take place in the County Commissioners Hearing Room, First Floor , Weld County Centennial Center , 915 - 10th Street , Greeley, Colorado . It is recommended that you and/or a repre- sentative be there to answer any questions the Board might have with respect to your application . I apologize for any inconveniences this may cause you. If you have any questions with regards to this matter , please do not hesitate to contact our office. Respectfully , Chuck Cunliffe Assistant Zoning Administrator CC :kmh cc: Stanley F. Sessions Clift-McComb Realty, Inc. 2165 Ninth Street Greeley , CO 80631 ` §) \ � � ` EC 5 MI k a \ }I \ -'Ny ) >. $ 111 1 g ! �� 7` } r. | > \G ■ � '° � � 3 . ~§ & §2 | ! \ 2 I ) 5 . -a | . x � i riihki � E ® !J ' | kR t ! ] . | 2/! itiiii ≥L4i d | f , . §% ; | O\ \ $ k / ) § J B � e) a ! ■ a . § ■ &EODO �\ kk i� | y § la . _ . . . � , PS Form 3511,Nov.1976 RETURN RECEIPT. REGISTERED. INSURED AND CERTIFIED MAIL e. hitt, 111111111 . in Cs.) A $■ e _ _ 5 11IiflhL! u CO A ■ c.go— / \ \\ 0 N\‘.... d _` ^6 |Z I- q§ ' & gI «: !\ ! , /. � ' • ) | ) § ■ ; I W k mmm�a• N . . �'_©am t IMI N I (II PLANNING SI. ItVICLS PHONE 13031 356-4000 EXT. 400 C. 915 STREET G HEE LE V, COLORADO 80631 COLORADO March 10, 1978 TO WHOM IT MAY CONCERN: Enclosed is an application from Lynn & Sylvia Brass for a Subdivision Exemption . This item will be heard before the Board of County Commissioners on March 27, 1978 . If you have any comments or suggestions , may we please hear from you before March 20, 1978 . The location of the parcel of land for which this application has been submitted is Pt . SW* Section 31 , T5N, R65W of the 6th P.M. Thank you. /kmh Enclosures IO - 31 - 2: OelO - 31 - 3 - - CD - 05'a � 4 me1 _ 3/ - 3 - OP4C / .3n7 - 4 , 7 - PY , A, site a) i*a , gs ' AIg °nq 'F Z3 40 ' 5 s0°2 .z ' E 1-1-2, 72 ' S 5(7°O3/E-• 2244/ 1 5 .3cc' cc) 15-0, 719 7-Po 6, 4 fi , - 2itt , et 5 4 2 - /0 366 a -? 'L4� 73 7. 53' 51= 2 6iwr,,e ,� 2nor a. a is ,a / Ll�' 7-Poo 7c' /(,) 36 °C 555 71 eE 75 ' 53cc(() 41( ele/ 3i - 3 -cc - & -A' Pt. 5w4 -4-c � 54 C /036 ° a�`IC,I q3 7, Lc 3 ' St- caz CJ aid A), sic 6 ,o/ . Ti)e)-0 /0 540 a) 75 ' L),36° go' 5511 7,5 ' 5.36e 1) 00 Beg, . (, /3 HA ) A Ag itd/ n A z1/42 U. 6 -/q- 79/67a/fig/ 58 7/ /800 4c4,-nt _6(,41 1 '4Q 77 , 3 Hello