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HomeMy WebLinkAbout770732.tiff RESOLUTION RE: SPECIAL EXEMPTION NO. 1 -- ALFONSO AND NATALIE SENA, JR. WHEREAS , a public hearing was held by the Board of County Commissioners of Weld County, Colorado, on the 24th day of January, 1977 wherein said Board of County Commissioners deter- mined that Alfonso and Natalie Sena, Jr. , were the owners of the following described real estate, to-wit: A tract of land located in Section 15, Township 6 North, Range 66 West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows : Beginning at the North Quarter Corner (Nq Cor) of said Section 15, and considering the North line of said Section 15 as bearing South 89°58 ' 44" East, with all other bearings contained herein relative thereto; Thence South 00°14 ' 38" East, along the East line of the East Half of the North- west Quarter (Eh NWa) of said Section 15, 259 . 60 feet to true point of beginning; Thence continuing South 00°14 ' 37" East, 2 , 378 . 65 feet; Thence North 89°51 ' 32" West, 373. 84 feet; Thence North 14°14 ' 30" West, 2453. 34 feet; Thence North 01°28 ' 36" West, 259. 60 feet to a point on the North line of said Section 15; Thence South 89°58 ' 44" East, along the North line of said Section 15, 335. 59 feet; Thence South 01°28 ' 36" East, 259. 60 feet; Thence South 89°58 ' 44" East, 631. 69 feet to the true point of beginning. Said described parcel of land contains 38. 606 acres , more or less , including a strip of ground 30 feet in width along the North line of said Section 15 , for County Road Right-of-Way purposes , and is subject to any rights- of-way or other easements as recorded by instruments of record or as now existing on said parcel of land. The Board of County Commissioners were requested by Alfonso and Natalie Sena, Jr. , to grant a special exemption from the definition of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS 1973 , as amended, and Section 2-lA (3) of the Weld County Subdivision Regulations. Upon consideration of the evidence as presented to the Board of County Commissioners of Weld County, Colorado, said Board of County Commissioners does find that an extreme hard- ship does exist in this situation which requires that a special exemption of the aforedescribed real estate be granted to Alfonso and Natalie Sena, Jr. , from the definition of "subdivision" and "subdivided land" as set forth in Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1A(3) of the Weld County Subdivisions Regulations. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land owned by Alfonso and Natalie Sena, Jr. de, 5E+1- , �a"�( ri / 770732 • • be exempt from the definition of the terms "subdivision" and "subdivided land" pursuant to its authority under Section 30-28- 101 (10) (d) , CRS 1973, as amended, and Section 2-1A (3) of the Weld County Subdivision Regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of January, A.D. , 1977. The above and foregoing Resolution was read into the record and signed on the 31st day of ,7j Y , A.D. , 1977. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO po 2.-cre "1---1-44:-.7zy.,he. I, hPati aC‘ Ac y ATTEST: ‘111(12,44-A Weld County Clerk and Recorder and Clerk to the B and B Deputy County lerk AlalPRO D AS TO FORM: ess-J County Attorney -2- 5:40EraZ £XL MPT/ON N° / • N%Q ay:Sec;/5- 0e44ne '' (Nor/h Ei e Sec. /S T6/✓.,,P66py _" I S 69$6 44 E ,/Po/4er 0F.t6/4 w'N4 /Yofa/.e ✓ -rent:- � 111 I k3TS73:� — co.Ra/7o'\ A/�eisso N Sent?, ✓i L0T.4-/ _ � 6 7728' } J .P/2 Sox-94..F /999 tiAcr°s►N gertze cie.. I 3,. y30Ernf, 259.60' N G-ree/ey1 ca4. gds/ % k 6.:7/69' 11k PO/G OF �q 737.59' Se9'5B'44'e.. ti� t Z.. nwenc Road 7O __ LOT AI-2 tcra•i r SC.607*/4cres 14.1 \' %era.? • 0 'h 2 a % 0 6RE. l�y� V _. M SEC. /5 4 0 NI. H �2 � �. ) a , �\ °..2 o v NeF1'La,Fe� ) , t0 I -.0. y ¢ 9 C Co. V ed es tiq< I W NI W vi W/NO.rcze LOAD [/iCERNE Ii Naya./y �.'' I 251 M:/Ps \ ,Peren-o,r Ni Y MAP s�/e P1-5.00' I/C/N/T scar/e /"-ea ,' [EGENo " • -,oi, se/ • -,'in /nand ! 3 i• % Pin in/ot na><'on 6a see/an 37384' A sn aft vey Aray/ /977 N89°S/;32"w j>" nI I /.- j �/ 1J{CAI. BP:SCRI P'I'I0N (" A trait of land located in Sect ion 15, Township 6 Nort II, Pany,c 66 West of the 6th. P .8 . , Weld County, Colorado, being more particularly described as follows: Bog inning, at the P.orth Quarter Corner (N'%, Cot-) of said Section 1S, and considering the Nort II lint' at said Section 15 ;IS hi :1'iny, South 89° 58'44" East, with alI other hearings contained herein relative thereto; Thence Scuth 00°14 ' 37" East , along the East line of the East Hill of the Northwest Quarter (F't NW',;) of said Section 15, 259.60 feet to true noint o beginning Thence coat inning South 00° 14' 37" East , 2,378. 65 feet ; Thence North 89° 51 ' 32" (lest. 373.84 feet ; Thence North 14° 14 '30" West , 2453. 34 feet; Thence North 01° 28' 36" Nest , 259. 60 feet to a point on the North line of said Section 15; Thence South 89° 58'4/In Nast , along; the North line of said Section 15, 335. 59 Poet; Thence South 01° 28' '36" Fast , 259. 60 feet ; Thence South 89°58'44" Nast, 631 .69 feet to the true point of bug 1nning. Said described parcel of land contains 38. 606 acres, more or less, including a strin of gro{rndnr3,4L foil in width along the North line of said Sect ion IS, I-oc County Road Ri};ht-of Wak ( uKjt, s, and is subject to ally rights-of--way or other easements as recorded by irstrttm'enW f1r'4 record or as now existing on said parcel of land . 1 hereby certify that Ibis Hat was prepared under my siipory isinn :uul'� that Y}Ira iS'tdo • i' is correct_ to the bra of my owl and belief. 1� I s IL JASPERREES 1 1 Col r ;ido P.E. 8 I,.S NO: 4392et c 7 PJYs We, Natalie J. S a 8 Al re:O N. Send., is. , being the sole owners in fee of the above described prof, v, do I e:'r''" snhdivide the same as shown on the at tact ed map. L rit The foregoin certification was acknowledged before me this 23n _ •__ I day of _ _ ._ ,her A.D. 19 71 ' Notary Public / - 2- y „ tormission Cxnir_os : Oct. A , 1990 Witness my Hand and Seal The; company plat i.' accepted and approved for filing. CHA AN OF THE BOARD 0 i 3\ (iUMHI SSI0N RSA' .�. ATTEST: County, Clerk I3; 62.-_ _ 4`r.--J._, Gatea' . - 3 - - ---- (' artA( 4 DEPARTMENT OF PLANNING SERVICES PHONE 1303) 356-4000 EXT.400 C. 915 10TH STREET Wilg GREELEY,LE Y, COLORADO 80631 COLORADO January 24, 1977 Board of County Commissioners Weld County, Colorado 915 10th Street Greeley, CO 80631 RE : Special Exemption #1 Dear Commissioners: The attached application, plat, and related items are in reference to a request by Alfonso and Natalie Sena, Jr. for a Special Exemption. As provided in Section 2-1 A (3) of the Weld County Subdivision Regulations. The parcel of land in question is described as part of the NW* of Section 15, T6N, R66W of the 6th P.M. , Weld County, Colorado. The subject property contains 38.606 acres of Class II and III irrigated soils. The property is located 31 miles west and one mile north of Lucerne. The request is to split the property into parcels of 1 . 999 acres and 36. 607 acres . The proposed 1 . 999 acre parcel currently has one set of improvements. The proposed 36.607 acre parcel presently has no improvements . The Senas are making this request due to financial hardship. They desire to split off and sell the 1. 999 acre parcel and house and retain the 36.607 acre parcel for a future homesite. On June 13, 1973, the Board of County Commissioners approved a request (Recorded Exemption #56) from Edith Johnson to sever 3.71 acres from what was then a 42. 387 acre parcel leaving the subject 38.606 acre parcel . When the Senas contacted the Planning Commission staff , about severing the 1 . 999 acre parcel with the house from the remainder of the property, alternatives were explored to determine the feasibility of combining the 36. 607 acre parcel with an adjacent contiguous parcel so that an additional Board of County Commissioners January 24 , 1977 Page 2 parcel would not be created. None of the alternatives pre- sented were found acceptable to the Senas. Based upon the information submitted and the adopted policies in the County, the Planning Commission staff recommends the request be denied for the following reasons : 1 . The proposed split does not comply with the Weld County Comprehensive Plan because it would pro- mote non-agricultural use of agricultural land and it would encourage urban encroachment on rural land use. 2 . The Special Exemption request is not in compliance with the intent clause of the Recorded Exemption procedure (Section 9-2 of the Weld County Subdivision Regulations) . Said clause states: "The intent in establishing the recorded exemption procedure is to provide, in accordance with the Weld County Compre- hensive Plan, a means whereby non-pro- ductive agricultural lands may be developed for higher and more productive uses , insofar as such uses are compatible with surrounding agricultural uses in areas where such land divisions are proposed (Revised 4-17-74) . " Soils in this area are Class II and III irrigated soils. The granting of this request for a Special Exemption would allow for the conversion of pro- ductive agricultural lands since a new set of improvements would be permitted on the 36.607 acre parcel. 3. The proposed split is not in conformance with the intent clause of the agricultural district (Section 3 . 3 A of the Weld County Zoning Resolution) which states: "Intent - The intent in establishing the A- Agricultural Zone District is to allow all agricultural and related uses in those area in which agriculture is and should continue to be the predominant land use. This district is intended to discourage encroachment of in- compatible uses upon the agricultural land in the district , to encourage agricultural uses as the highest and best use of the land in the dis- trict as compared with other uses in conflict therewith, and to provide for the orderly ex- Board of County Commissioners January 24, 1977 Page 3 pansion of urban growth in conformance with the Weld County Comprehensive Plan. " The request would not be encouraging agricultural uses as the highest and best uses, it would not be providing for the orderly expansion of urban growth, and it would further diminish the size of the agricultural unit . 4. As stated earlier a recorded exemption was approved by the Board of County Commissioners on June 13 , 1973 which approved the separation of this 38. 606 acre parcel from what was then a 42 . 387 acre parcel . Now, less than four years later, the Senas are re- questing to further subdivide the property. As stated in Section 9-4 (A) of the Weld County Sub- division Regulations: "The Board shall not approve the exemption of the proposed land division unless it finds the following : ( 1) that the proposed lots are not part of a recorded exemption from the defination of "subdivision" or "subdivided land" or a subdivision approved within less than five (5) years previous . " It should be brought to the attention of the Board, the basis for the Sena' s request. As per the attached letter, the Sena' s have expressed that a hardship exists in owning the subject property and are requesting that the Board grant an exemption so they may sell a portion of the property to alleviate this hardship. Resp tfully, J Thomas E. Honn Zoning Administrator TEH/km APPLICATION FOR SPECIAL EXEMPTION Weld County Planning Commission-353-2212 , Services Bldg. , Greeley, Colo. FOR PLANNING DEPT. USE ONLY: LAND CODE: CASE NO: T: S: 1/4 : DATE: LEGAL DESC. APPR: APPL. FEE: APP. CHECKED BY: RECORDING FEE: DATE SENT TO BOARD: RECEIPT NO: DATED FILED & RECORDED TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described prop- erty be designated a special recorded exemption by the Weld County Board of County Commissioners : LEGAL DESCRIPTION: A tract of land located in Section 15 , Township 6 North, Range 66 West of the 6th P.M. ,Weld County, Colorado, being more particularly described as follows: Beginning at the North Quarter Corner (N; Cor) of said Section 15, and considering the North line of said Section 15 as bear- ing South 89°58 ' 44" East, with all other bearings contained herein relative thereto; Thence South 00°14 ' 38" East, along the East line of the East Half of the Northwest Quarter (E' NWa) of said Section 15 , 259 . 60 feet to true point of Beginning; Thence continuing South 00°14 ' 37" East, 2 , 378. 65 feet; Thence North 89°51 ' 32" West, 373. 84 feet; Thence North 14°14 ' 30" West, 2453 . 34 feet; Thence North 01°28 ' 36" West, 259 . 60 feet to a point on the North line of said Section 15 ; Thence South 89°58 ' 44" East, along the North line of said Section 15 , 335 .59 feet; Thence South 01°28 ' 36" East, 259 . 60 feet; Thence South 89°58 ' 44" East, 631 . 69 feet to the true point of beginning. Said described par- cel of land contains 38. 606 acres , more or less, including a strip of ground 30 feet in width along the North line of said Section 15 , for County Road Right-of-way purposes, and is subject to any rights-of-way or other easements as recorded by instruments of record or as now existing on said parcel of land. ACREAGE: LOT A-2 36 . 607+ ; LOT A-1 1. 999+ ; TOTAL 38 . 606 THIS PROPERTY HAS BEEN DIVIDED FROM OTHER PROPERTY SINCE MAY 5 , 1972 . FEE OWNERS OF PROPERTY: Natalie J. Sena and Alfonso M. Sena, Jr. Rt. 2 , Box 343 Greeley, Colorado 80631 WATER SOURCE North Weld County Water District TYPE OF SEWER Septic Tank PROPOSED USE I hereby depose and state under the penalties of perjury that all state- ments and proposals submitted herewith or contained within this applica- tion are true and correct to the best of my knowled e . STATE OF COLORADO ) ss. t4z ; „ COUNTY OF WELD ) �, Subscribed and sworn to before me this 31st day of December 1976 . My commission expires://// October 4, 7480 Notary Pubic i Wtl a #» C�UADRA ', 1 �' Y µ �'• - r u Illi,-;i t'�, HA- y r� • tkl • I Y h,. .� �rP t•••••,.....a,,,,$• . lft ,•,-7- e }.. AF by"---,-,^yr e-- 44.'1 FFF i ' an u I a 14 -irksli L - i Z vi + .'•Mr ki. iti xr r knJ. TM } ' r4 tr 1140 t ir i.,,,s ` A.,. 1 i d ir4., $ ,C� ii« y� I • T ` I lr ' � ,. tp t n '"+ ,(s ? f �i+t"13 ,1i • P) II • t , . t ,it . *-t gyp iPiA (h w / b i a "�' 4 d `.k. "' R . �°• t 4' t ?5 ji �` /I j ry d 13 ..J I�v:'l5 4 I 4y , • vt.f In e'' j]JIPj�h yl. ' Np • is a +-.r "°. W X fi i ' tl 4 � 11 .. a a# } t li i • qw< r :O I.1 Y4. .J 'b' tl ,-.r r i..1 • t ;d}t,S .r 1 - _ Ir, hV , t u air •gr It dMy}.. r b litif v:. --4 . � 1 4 `1d..� % _.},, '° da.. it .TTiii t ii.. . ¢ 5 4 1 r t r r I S F 1"; r � ' x •r_ gam, k �L4 ;, � .s �`" � � •t • n ti ii 1 ip t 1 1µ1 x a ,-S1144". t'+ , 2 t Yh'r tl {T 4 N i "�i r. /. F'e.yy* MD ', J L �a•t ' I �`� . e• Yt ,,,.:1,,,,:t. `•a r„w a..q {(,.� a 2 ,,ill; • I ', ti Nj,� '' gi p i' "! W '.,,,t2}', ' �mT">sC at• 41 �'r, Z NSF a I; •I-,;* •<' r -'W.• N s� `+. {nittr - j } 'I� Iplc!:I ` x 7. t +tt `+4 °u''1 .,v —� 4''''N, , ,* rr. a iw %�-,r .r 1 Ta •. ' 'yNv [[, ,y, 'I' ^i-sv .. .fi' w .+ r ''. Y �' 1 rt 'Z3(' i 0 ''55,, t-, t a. a,3F 1 I ::t!: w +. --._t, - „„m .a` ,t Cdtr u1 4 {1'K *Ai 11 •rda 35. .1.45,'w-a� • y l. .tic' '�. + / a ,�y14 iY r:�dl�r € %„ax'w�x ri{ :i+. "" 1.rh ..r'h. .. v�Met"' .1v " S ' /,4Z EXEMPT/ON No nos- /s-z- s/ m NA? Car.Sec./s GM,ie Nai'fh L:ne Sec./S reN..,tee v it! S 89t39 . PO/NT OF.A6,'WNG .4/Arne re .4" Sens, .47 LOT AV 373- 'n7 ee-'-- , ` '-70 .P/.2 Se rS4J /.999*AE'frr• . &0/ _ tre:, e7"a-� y!°ses,n'f. a .GO' N 6.re/ry,l/. Brij/ �g ,-, 6.7/.69' 7.fuE P0/Nr a' q ACC.Cr .S'S9'TB'W'"6. SEC/NN/NO tik { O Z Cbanj. ReQd 70 LOT A-2 dorA•/4' "!s I .1.6.45071 Ares N M 2 b oRuL il f Y,�• ► b A 1 V ° a ti u H ;/ , �(� SEC. /5 �I o � ` i , N '..c.f k4 11%,' NeN'LQ,6e it N 1 ti 9 i S. '3 Co. .Pd apc ) '', Wt II �` \ W CCE,rE `{'/N01'DR RDAD MA4,44.14N--'-..' �61 MN.'/es i tese.4i:, S / .1449 le/C/N/TV MAP _swab, ream' LEGEND • • -,o.n ref • -t4, ,base/ C it Pin in 4"nQ{on Ina/an 373.84' .s..-nv °/.Kay/ ,f7J. N®9'5/:92"!V LEGAL DESCRIPTION A tract of land located in Section 15, Township 6 North, Range 66 West of the 6th. P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the North Quarter Corner (N'/• Cor) of said Section 15, and considering the North line of said Section 15 as bearing South 89°58'44" East, with all other hearings contained herein relative thereto; Thence South 00°14'37" East , along the East line of the East Half of the Northwest. Quarter (E11 NW') . of said Section 15, 259.60 feet to true point of Beginning Thence continuing South 00°14'37" East, 2,378.65 feet; Thence North 89°51 ' 32" West, 373.84 feet; Thence North 14° 14'30" West, 2453. 34 feet; Thence North 01° 28'36" West, 259.60 feet to a point on the North line of said Section 15; Thence South 89°58'44" East, along the North line of said Section 15, 335.59 feet; Thence South O1° 28'36" East, 259.60 feet; Thence South 89°58'44" East, 631 .69 feet to the true point of beginning. Said described parcel of land contains 38.606 acres, more or less, including a strip of gr.. feet in width along the North line of said Section 15, for County Road Right a ' i� s, . and is subject to any rights-of-way or other easements as recorded by . . fir record or as now existing on said parcel of land. i I hereby certify that this plat was prepared tinder my supervision an 1 43 92e is correct to the best of my twledge and belief. de * I , JASPER FREES Col redo P.E. & L.S. NO: 4392 . �� We, Natalie J. a & Al nso M. Sena, Jr. , being the sole owners in fee of the above described prop r y, do eh,/ subdivide the same as shown on the attar ed map. ' The foregoin certification was acknowledged before me this 23rd day of P A.D. 19 76 • Notary Public , , _may . T'y cor'r?issi.on exnires :Oct . A , 1930 Witness my Han and Seal The accompanying plat is accepted and approved for filing. CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS ATTEST: County, Clerk By i Dated__ _-__ STATEMENT OF OWNERS IN SUPPORT OF APPLICATION We make this statement in support of our application for a special exemption to Lot A Recorded Exemption No. We are teachers employed in the Loveland, Colorado schools . We built our home upon the tract described as Lot A-1 upon the plat which is attached hereto. At the time we built the home we thought we would be able to make our home there, commute to our teaching positions in Loveland and handle the economics of the matter. We started to build a $40, 000 . 00 home and it became a $60 ,000 .00 project. This coupled with increases in taxes, heating cost and gasoline prices have put a severe strain on our finances and we find we must sell. Sheridan Savings and Loan Association hold the deed of trust to the home which is located on Lot A-1. While our loan with Sheridan is not in default, we cannot continue to make the payments. We must, therefore, sell the property. We ask that you grant the special exemption to us. SENA Background Information Lot A-1 Lot A-2 Existing House X No Existing Access X No Water Supply X No Sewage Disposal X No r • ed • i'' 0�x Recorded at S' ,,,'.,k f✓'L. JUL 23 1973 " I 6 36 Reception No 1617824 ANN SCQMrq t✓ Recorder. r.j Tms DEED, Thule adN loth day of July , 1973 I , between I:DI':li II. JOIG!SOH c' it II 1 II U I . It of the County of llelti and State of Colorado, of the tint part, and o i IIATALIL J. SLtJA u—i I of the County of Weld and State of !I J l N l Colorado,of the second part: f Il I� .-I, WI'i:.LScETIi,That the said party of the first part,for and in consideration of the sum of II I I o Ii Other valuable consideration and TDm; A:in 1;O/100 DOLLARS I o to the said party of the first part in hand paid by said party of the second part,the receipt whereof is 'I o hereby confessed and acknowledged, has ' to granted, bargained,sold and conveyed,and by these presents do e s I O 0 grant, bargain, sell, convey and confirm, unto the said party of the second part,lier heirs and assigns for- I O Cl ever,all the following described lot or parcel of land,situate,lying and being In the 0 County of Weld anti State of Colorado, to wit: i— ,..:.„ p N 0CV M 0 L 4l Lot A in the EI of the 1i1!t of ..r �f ^ / Section 15, Township G north, 6 1e4' / Range 66 Vest of the 6th P.M. • cya�%• / described on rap as plat recorded e �/ p ' June 19, 1973 in Look 15 of flaps c? . .../ at Page 34 (Reception NO. 1615655) Oa ` Weld County Records , together with 20 acre feet units of water from S ,• the works of the northern Colorado Water Conservancy District TOGETHER with all and singular the hereditaments end appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents,issues and profit,thereof,and all the estate, right, title, Interest, claim and demand whatsoever of the said party of the first part,either in law or equity, of, in and to the abovo bargained premises, with the hereditsments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with then appurtenances, unto the said party of the Neel part, her heirs and assigns forever. And the said party of tho first part, for hersel f ranch:.t6;"executors, and administrators,does covenant,grant,bargain,and agree to and with the said part y of the second part, her heirs and assigns, that at the time of the caseating and delivery of these presents, She isvell seized of the premises above conveyed, as of good, sure, perfect, absolute and Indefeasible estate of inheritance, in law, in fee simple,and has good right, full power and lawful authority ' to grant, bargain,sell and convey the same in manner and form as aforesaid, and that the same are free and clear • from all former and other grants,bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or • nature soever. D v I 'I and the above bargained premises In the quiet and peaceable possession of the said part y of the second part, U her heirs and assigns against;di and everyperson or penau lawfully claiming or to claim the whole or any part thereof, the said party of :he first part shall and sinit Y/Aiti:ANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said party of the first part ha s hereunto act her hand and seal the day and year first above written. 7 1a;iCh H. Jo;nson I L.' (SEAL) i . . ......;;GATE OF COLORADO, (SEAL) . I. • "r� ,1 tt,� ,'County of Welt! ' ! s j• 'lain..ate/c, ;•h,etrfimenl was acknowledged before me this / %-.—/_. day of ..•..j'� 14'.°ti-�9~�f� 1C":itli H. Johnson. -' it `.\,? :' , ,J,1ZVkit,r ' es CT c ter-✓.g—(a ,,, c 1,197 ,Witness my hand and official seal. 11 p'o it C C Ck .. .. __... _l C..!Se:2' /2,....:GG .., N..M? '.eau. . I a. pro `�w`. .-o'€hnk 1LntJu1( p... 1974 ti. -..t f�e1 Pals Na �2_a80J i_ c in ¢..eti.c, Jr., Pee ♦ aa�. Y,h ::..�.:_.._..iJY kaY.�irg �u Luu,J tr i. � ' 0!G!e ::L'J Drf.D CY thus:,r.a this__ 20th_ .._.._._.._._.___—der of ?'$X-..__._.._ 74 { between Alfonso Sena Jr, and 1iv i+^._J...._Scha_...(Husbandand..Wife) ' I (hero's I M the tsTc N'.cb term shall also In 1 d enflames In Interest. and when the requires shall be construed es plural, : as clots to curry::. pneul )when ads 1. 1139 Rosevood D Lgve2 d, Colorado and lb. P•JI:L!C TRCSTrn o!the they C —_-__ County of Weld -. W 1a Slate of .. .. ._.___ Colorado then•n3Der called the TRL'STL_l. ... • 17,T r s:'If:s Traub-,In consideration for the purpose of Securing payment to alfzr•SOA,Y SAVINGS 4 LOAN ASSOLTATION (hereinafter _.D called the bana__lary;as bed:u::er stated,does hereby grant,hapin,sell and convey unto the Bald TRUSTEE In trust forever. the following 'D de+cdbed property at:pried to the City of_._ jie_!i County of .. s _ .Stets of Colorado,tnwll: L� 7hat version of Section 15, Township 6 North, Range 66 West of the 6th P.M., -, :told C ty, Colorado, being note particularly described as follows: Beginning at the North Quarter Corner (N1/4 Cosy) of said Section 15, ,-a ----''r-ing the '•" oath i-,ne of said Section 15, els b North " f earin� 83 58 44" West, with all other cearin-o contained herein relative thereto; Thence North 89° 58' 44" West, along the North Line of said Section 15, 637.28 feet to the True Point of Beginning; Thence continuing North 89° 58' 44" West, 335.59 feet; Thence South 01° 28' 35" o West, 259.60 feet; Thence South 89" 53' 44" East, 335.59 feet;Thence North 01' 29' 35" Last, 259.60 feet to the True Point of Earinning. I 7_— lauding all bulndt r. aLmctum,and Improvements now or hereafter thereon,and all appurtenances,easements,water and water rghh.Dump' eel pf.mpt-d plant:.piper,Sages and ditches {hereunto belonging or in anywise apperta rinc, and all sham of stock evldaely" the lace; all maaleer/, eCulpneot. m:east, eminences,and fixtures now or hereafter Installed or placed In said bull nes and/or en u:d reel property for the ger ratio n e nd;cr M::ih.ston of air,water,heat,eteelrtclty, light,fuel and/or refrigeration end/er for ventilating purpmo and/or for ant- try or drains:a D'area es and/or for the eselua'on of vermin and/or Insets and/or for the removal of dust,refuse and/or garbage,and Including an elevators, av;i n.:a, %blow abates, drapery rods and Ln<iats, screen, carpe'a, Inuleum, and loaner:torn all of the Items and theme, so enrolee hebg h,t,'oy dictated to be, and In all circumstances shall be construed to be,for and L Connect:on with t]• Ede Deed of Tru;,Utah, a ued to and• part of the realty described herein; the aneclne enumerations hereto not exclupdry4ha and pal; of &eta the toils, earnir;'s, Income, rent,, Nana end profits of _, tog: the general; AND • authority beret-.ewer given to and conferred ray and/o nd r l apply the t,ream amid property es (azd rrottstl ALSO however,to the'tat,power and ether claim or Mamma including insurance. as well s In lawas ohooquit . which said<Truster nouw she o` mta )she eafte� cquire, to and rto•t or he �brtsaid DrcpertY; equity. y d DI TRUST NSVrI:TIIZLESs to secure: max,garment of the principal site are ************T;'ENTY TITRES. THOUS/OM AND L; *R 0/100**** *Rub* --DOLLARS with interest thereon at Q--_R per annum according to the terms of aald prom.nory note doted_-2.71 r, U _ 1974 peyabie to the order of the Deneederm and any and all modmteations,renewals and/or extensions thereof, 1 SCCOND, LN TRUST ALSO to secure payment by the Trustier of further advances that the neneffclary may,at Its option,Make to the Thuftor, anal such further advances become a part of the principal Indebtedness,the total of which shell not exceed:'♦'i0 L 2..sad the payment of tat-_h Is rammed by this Deed of Trust. The payment of such advances shall be tteureC nosily and ratably vet] the payment of the °mount evidenced by the aforesaid pmotsory note. Any further advances secured hereby nl any and all renewals end/or extc"bns thereof ahal be erne by the!Protectory to the Truster on or before Ju1v is t 19 99 advenaee hcreuud.r r act apply to the orletnal pone. hereto and not to their heln, devpe prodded,, raecaor, or however, the Meld to at of each moon pit�tiont to the terms of sill note and the Deed of Trust securing said note,the moo daL to s agreed neat of an aevine• of sues advance. monthly payments end Interest shall be upon at the lino 1:OT•.IITt eT.tlDINO that the principal amount of this note may be allocated for construction or Improvement of real estate and disbursed In Ins.=llrecu:e,Intern.6 psyc]:e monthly computed on the outstantlne balance unpaid for the nutater of days outtandine and based upon•eeday month,maid binr,t being deductible from the then remaining und'_hun:d principal funds held by the Acaodation. TIIIIt°, LV TItleCT ALSO to secure payment and/or performance of every ob'leatlon,covenant,promise and/or agreement herein contained- . A. For the purpose of protecting and preserving the security of this Deed of Truet,Truster promises and agree.: I. (a) To keep all buildines, structures, and other Improvements now or hereafter situate upon maid property at all times manly free of dry rot,fun,:aa,earmlm,,heel cs,and all other weed boring. wood-eating and/or hsrmfui or destructive Insects,and in all respects to properly care for ao: ke y all of said property Including all such bu:dines, structures and other improvements In good condition and repair; (h) not le re- move,d.-/ eti a:autlo:ly etler,Cue. u pt such alternations as may ho rmulsed by laws,ordinance,,or r euLdlona,any building,structure, or Iart,nc r with un,a Id r lariyc(e) to condole promptly and In a good and workmanlike mane any ➢uedlne or other Improvement which may be coo. v and promptly restore In like manner any bit:h'In•:or other L',rovense nt whh'h may be Cornered or Cestroyed thereon, s to r:Y i9 claims fur labor performed e end ranter',als fun i d then and I t loan'.cured hereby ebt,infI fur the I r of s' I ¢ aloes of In. ravcr.v'a on sad property.•Tr ct s io eas thereof a ➢wth elm,. seed,' I el s G t h.Ily In accc.dance with cost tit e:il: f tared: , oe l olwte ereearls in ato Inane with p y at all tine d rt. lion.to replace any work or ma! I Ball t Y to ia,y ,lath,to allow lone,clay to after written tin 'tie trim 1.-n, chry of such tact,which notice fay be given to then Tnbtor by ceen rd Leal seat tow Ids Iithinntt•knoween calendar e days ab rvico of the same.and _le ctrees that work act not cease on the construction of such Improvements for wile:teen, or by persona of thirty calendar dap{ fd)to comply with the terms and conditions es set forth in any and/or whomeven fora period meat Bred Into ILl"e n the Truamr and the Beneficiary esany merriment contracts and/ot CrnErvdven Lean oo vrc� ➢tfa'iftrr situate up:n sold prepertaining ordinances, to any and all be:ne:Don structures,an retand o s other for^hereafter. n or property; fns) to comply with all laws, ,pronv¢at Temptations,ad thereone and ettoec now or ➢ n cwaste dell pules,crag orof ,:a 1'ap ty. im. or rto cum any attentions permit yract to b- to be made thereon; (fpop net to commit or permit lawany ordinance; or ; deli to cultivate, le s,: s'lepari ie, ' .. In commit,augur or oany any act to h+done L or upon timely a property h violation nn i any n or echaracn: use of null bite, rty,may (b reasonably eas,!ably neeate,nary o protect do enY other awl iord act;tit In a pimelc end proper s manner,nwot et from the character use of nil property,fray be maa�ary to Droted and preserve said security,the specific enumerators herein not ee!uding the!coast;2TO PCOCIL5:AND ..MAINTAIN I!'SUCAKCE covering all buildings. structures, and Improvements now situate or whlrh nay be hereafter esi rab.I or i'ma.r n said property.aerie t ha by Ire,acrlh,luake,and much other lu:ards es beneficiary may reasonably require, satisfactory to a. .if i I a the Iter.en...ry;to deliver the polcles of sold Insurance to the tierete iary,It being agreed that In the event of • less the t r l Mr any pulley of Insurance on uld property nay, at the ue. I her,by and m much order a Resenator option determine;e( r ens nedglary. e applied orby Beneficiary ty roof any In. ll ' v v ban. ..Lay, tl be uat5 In Y may spartially o saitotally d amount or to pardon -thereof may. at to cam :. .. rep a 'ether t or restoring the tsanhre he Trustee nor heB destroyed • eoodl' an atop set . ,1 or Le rate-yid to the he awe in ellher of dA which events neither a payment Iertta the Deny,ru no are Da reliant to e a t° tl n t\-r r �r ..all D t staved or coed➢e teemned> ' . l t or I e y d f alt or settee of Coln it heruen.'eror Invalidate ancannasacra secured hereby. am tice, at y vr..yrr f and all rt,ahl. Insurance premiums anal) Inure to the Oenett of,andany act done pursuant to such noun; to rasp a . ; t''''Tri. '..e n-lei hereunder; pass lo,the purchaser of the property <overeC 3. :"AI 1:( .'NO et.rl:.\D any action or proceeding effecting or purporting to affect the security of this Deed of Trust,and/or eny adds- - tiunal or atlas :.:u:'.ey far any of the o➢llgattons secured hereby, the Interest, tights, powers, and/or duties of Trustees and/or Beneficiary here- - . M BOARD OF DIRECTORS -� F..-NE=T TIG,ES PRES DEnT NORTH WELD COUNTY WATER DISTRICT Al EX HEIDENREICH SrI VICE PRES ROBERT ALKIRE 2ND VICE PRES 4 HIGHWAY 85 LUCERNE. COLORADO 80646 M C. WIDMAIER TREASURER TOM REED SECRETARY }iRCH'x C�ix�.x ' Lyle D . Nelson , P0. BOX 56 . PHONE 356.3020 January 12, 1977 -MI o t IT MAY CONCERN: RE : Water Service , Alfonso Sena, Jr. D, a t' Gentlemen: This letter is in response to your request i ,r water service III serve the following described property ' A special exemption A--2 Located E2 N7Ii Sec 15-6-66 Water service can be made available to the above described property provided all requirements of the District are satisified . If contract: have not been consumated with North Weld County Water District within one year from date of this letter , this letter shall become null and void unless extended in writing 1;,. the District . Additional comments : Sincerely , NORTH WELD COUNTY WATER DISTRICT 1,v1 / . N, .son . Manager I.]1)\/ 1-r FIELD CHECK FILING NUMBER _ 1,100)7-7 NAME SToJn. REQUEST Spec;0C xp .., * br LEGAL DISCRIPTION r-- &) �\ S'er 15 - 1 LAND USE N Acs E 7/ S W '1 ZONING N LOCATION 3/% m, `A, -1 E l Nil A) 01- ) ,aC{a new W COMMENTS : ��X../,9-C _yCpaM.(`fi �1-it- ���((( �- ( a ���CCC -- j�`�-. .- ,-;_ elate.ni.,4 .G}.(i/1 .--fivdLyYL - _. LLB/ /? K 6`� n , BY EECOEDEL: EXEMPT/OAI r 56 Pare:: M4Y /sr/ /973 U�/4Co2,UEe o ,[/,JerU /WC,SECT5-�-G<o SEC.f5-Co-Coco OWL/6e : FD/TN N. JO//,U50�/ 1l5 89� aZ- 972_87'.. / )/urOlleZa'Ll46 LIE. Z Sox .34�, �— — ,a -� C�,CEEGEY 30' ~' X3728' -c �.e0lrVL/,L/E A- &st Off. 55I �hi ;ti ,'895 41W ti N.% o a LOT "B" cauurY eoao 70 3.78f*AC2ES h LOT?" h� tici) t [OT 4 ' N w ` c. e Q itEE,EY Q ` V' �_ A LOT "A " I.. SEC 1.7 I e, 3$.(0O(0+ a AC2ES v Ng"Lake n aC �oL N II 11 'rte ��4, II OWN,950E E040 ® (raz/ry 4,9 08) welearry LC/CC—EVE p Reservoir 2.5HI YC/v/rY SlLETrN SCALE: /'=2Q:)' ,, Leyend ■ - Pir7 rout' •- pin set 373.84 slot 5 &C.- Ps-500' j/8r5/'3Z"W L.rGAI L' :SI,-II- -.ICil r, tract oflaLandlocatod in Section 1` .,, �owtshi r - ..... , n;c F! Nest of the C,Ln r .1., , acid ::ouc r y, Col_urn.do, being more particularly r_.bel (:11 :)•:31 :•„inni Li_ th o:_ . tua-d-mr I:d en^r (:;? -or) of '.i:7 ;section 1_ , and consincrin„ the -forth lin- c •- c. So,; 11, b ,2°r:3°' 1:' u« �-lnr? _rout. �., with all other bearin�;s contained herein c, a� r ;; :'hence So..:,h 011; 'i? -,�_st,�alon' the last line of the =:ast fiat: o.. the io -1.:11:c,_ , . . . ( ' 1 .flaw) 34- .1.. .9etion 1 , 2(3:3.2f 1 rc:,; hence sortn J9°`1 '2" .•erct, 37:,-;2 . o,_th lL°l-'; '30" Most, 214 3,3 feet; Thence ;forth 010 2:'13(" nest, 2 y. 3 ,r, x . .1I rhr :orth 1.inn of said erection l `; Thence ,;,ouch ?o ' '" East, LorLL, al' c . r r •. sa.io '.'IAan ] , 177.337 feet to the Point of deginnin,;• oairl described parcel o� , n,,,, cent . ; ? rs , .ao - or loss, inciudine: a strip of ground 30 root id irt.. , I - s. I e-tier: 1 , ror County woad ,light-of-riay purposes, and is so ,jec'. I .. . - - c o ,r i ;evonts as recorded by lust crone its of recorc' or an .o r .. .. . 11 -1 J. 3e -by _c: Lily that Luis plat was prepared undei" uy bast,, fin-to cnd Htct se r hr,o le ,..,r nce, to the best. o _y nnoutc .,_ io. . 1 '. :', [ ,olo _ tdo P. . . & L.'S:. No. y392 T :itith h. 'ark 7son, May r ' ) 73 mm>_es My Coaon expf-i,,res: October 5, 1976 Ot, Ii')' �.xA.�/�ys. rcomrr'.•, i^ _. -,..� n-�� _ ; ' _. -. ?4f roue.GC IOC/ F.��'T�C. . of Ad cm,a71 J Ii't? )3)/973 o-c .Joanty, .:1 y dated Referrals Sena January 17, 1977 County Attorney ✓ County Health ✓ County Engineer ✓ .-� 1/14 DEPARTMENT OF PLANNING SERVICES WELD COUNTY CENTENNIAL CENTER 915 10th STREET GREELEY,COLORADO 80631 GARY Z. FORTNER C. DIRECTOR PLANNING PHONE 1303) 356-4000,EXT.400 COLORADO January 13; 1977 Natalie J. Sena and Alfonso M. Sena, Jr. Rt. 2, Box 343 Greeley, Colorado 80631 Re: Request for a Special Exemption on a parcel of land described as part of Section 15, T6N, R66W of the 6th P.M, Weld County, Colo- rado containing 38.606 acres more or less. Dear Applicants: Your application for the above described request is complete and in order with the following exceptions: 1. Submission of a $50.00 application fee (payable to the Weld County Planning Co mission), 2. Submission of a $2.00 recording fee (payable to the Weld County Clerk and Recorder), and 3. Submission of a letter fran the North Weld County Water District indicating water service is or can be made available to the subject lots. I have tentatively scheduled the hearing by the Poard of County Camiss- ioners for January 24, 1977, at 9:30 A.M. Said hearing will take place in the County Cannissioners Hearing Roan, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recannended that you and/or a representative be present to answer any questions the carmissioners might have with respect to your request. If you have any nuestions with regards to this matter, please do not hesitate to contact our office. Respectfully. ,n Ken McWilliams Assistant Zoning Administrator KM/bg WELD COUNTY COMMISSIONERS GLENN K. BILLINGS cc: Roger Houtchens VICTORJACOBU CI 1007 9th Ave. ROY MOSER Greeley, Colorado 80631 NORMAN CARLSON JUNE STEINMARK �, X53e Srn fsl xs ISSI 4$.. al S4 a 1t f � Part N1T Sec. 15 - TGN - PGGV SOILS CAPABILITY CLASSIFICATIONS IRR. DRY X53-B Ile - X53-C IIIe - ess RECORDING DATA - MAPS & PLATYI • NAME OF SUBDIVISION Special Exemption No. 0805-15-2-SpE-j ____________ NAME OF SUBDIVIDER Natalie J IL Alfonso M Sena Jr I.OrATION OF SUBDIVISION A_ tract of Land located in Sec 15. T6 N, R66 West 53_th_6th P.M. 8 DATE OF RECORDING FEB 3 1977 BOOK 789 RECEPTION # MARY ANN FEUERSTEIN WELD COUNTY CLERK A D CORDER BY: DEPUTY COU Y CLERK & RFCOR FR Hello