HomeMy WebLinkAbout1.0 Application• •
APPLICATION
SPECIAL/CONDITIONAL USE PERMIT
Date: —:1" /" q�
Applicant: Scctt k. MR -NN, ,y.4/ cy / fern Vvf)
Address of Applicant: 0270? % 2DUN'T Y Pa/92) /®f 0/49SDA/12/9%G �1
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Special/Conditional Use.
Legal Description: 72 /A/ /✓�'Sz,J „09/09 GOT 4/ ,4-7/2-.5 ✓ I4/J
Practical Description (1 • cation with respect to highways,, county roads, and residences):
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Requirements:
1! Plans and specifications for proposed use (hours of operation, number of vehicles/day,
location and size of structures, etc.).
2. Existing or proposed method of sewage, source of disposal and water. Road access and
other information deemed necessary to explain proposed use.
3( A vicinity map drawn to scale depicting the subject property, location, and use of
building and structures on adjacent lots.
An impact statement on the proposed use where required by Sections 5.03-5.03.12 of
Zoning Regulations.
A copy of Assessor's map showing property; and a listing of all adjoining property
owners of said property.
A base fee of $ 4100. a shall be charged for each application and shall be
submitted with the application, additional charges may be imposed if county review
costs exceed the base fee.
Attach a copy of proof of ownership for your property (deed, title insurance).
5/1
6.
If public notice is required, notice provided by the Planning Department shall be sent out at least
fifteen (15) days prior to hearing by return -receipt mail to all the above noted adjoining property
owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the
hearing. Additionally, the same notice shall be published one (1) time in the official County newspaper
at least fifteen (15) days prior to such hearing date. Applicant shall bear the cost of publication ent
be responsible for presentinn the "Proof of Publication" at the hearing.
The above information is correct to the best of my knowledge.
,fry/77/7
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Date
cant,/
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When Recorded Mail To:
Colorado Savings Bank
234 Columbine Street P.O. Box 6224
Denver, Colorado 80206
[Space Above This Mor Recording Data]
DEED OF TRUST
Loan Number 972185973
THIS DEED OF TRUST ("Security Instrument") is made on APRIL 28, 1995, among the grantor, SCOTT K. MANN and
VICTORIA QUINTANA ("Borrower"), the Public Trustee of GARFIELD County ("Trustee"), and the beneficiary,
COLORADO SAVINGS BANK, F.S.B., which is organized and existing under the laws of THE UNITED STATES OF
AMERICA, and whose address is 234 COLUMBINE STREET, DENVER, COLORADO 80206 ("Lender"). Borrower owes
Lender the principal sum of TWO HUNDRED TEN THOUSAND AND 00l100ths Dollars (U.S.$210,000.00). This debt is
evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly
payments, with- the full debt, if not paid earlier, due and payable on MAY 1, 2025. This Security Instrument secures to
Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of
the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security
Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.
For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to
Trustee, in trust, with power of sale, the following described property located in GARFIELD County, Colorado:
SEE ATTACHED LEGAL DESCRIPTION
which has the address of 2727 COUNTY ROAD 100, CARBONDALE,
[Street) [City)
Colorado 81623 ("Property Address");
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and
fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will
defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly
taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold
payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood
insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (1) any sums payable by Borrower to
Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These
items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum
amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real
Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA'), unless
another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an
amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
COLORADO -Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 1/91 (page 1 of pages)
The Funds shall be held institution whose deposits are insured by a federal agency, mentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender
to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax
reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement
is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings
on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give
to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for
which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security
Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case
Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no
more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under
paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay
these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time
directly to the person owed payment. Borrower shalt promptly furnish to Lender all notices of amounts to be paid under this
paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the
payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the
lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien
to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority
over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take
one or more of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including
floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the
periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at
Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts
of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration
or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons
the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,
.then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sures
secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after
the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at
least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably
withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in
default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could
result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's
security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or
proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's
interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security
interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate
information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan
evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a
principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger
in writing.
Form 3006 1/91 (page 2 of pages)
111
7. Protection of Lender's Rights in the Property. If Borrower fails to perforin the covenants and"dgreements contained
in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as
a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do
and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions
may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this
paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender.
If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum
equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed
or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance.
Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and
for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the
requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or
applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing,
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following
fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the
Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the
Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums
secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law
otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are
then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower
shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be
required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify
.amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or
preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear
or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's
consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property
Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail
to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in
this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
Form 3006 1/91 (page 3 of 5 pages)
15. Governing Law; Severability. This Security Instrument shall be governed by federal and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can
be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are
declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of
the date of this Security Instrument.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;
(b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably
require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the
sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security
Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also
may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice
will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will
also contain any other information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,
that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used
in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default;
,(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any
other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the
notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
without further demand and may invoke the power of sale and any other remedies permitted by applicable law.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21,
including, but not limited to, reasonable attorneys' fees and costs of title evidence.
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 mall a copy of the notice to Borrower as
provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the Property is located.
Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies
of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by
applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the
Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the
notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of
the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee
may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will
be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the
sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security
Instrument; and (c) any excess to the person or persons legally entitled to It.
Form 3006 1/91 (page 4 of 5 pages)
•
22. Release. Upon payment of sums secured by this Security Instrument, Lender shall requeblTnat Trustee release this
Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security
Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any
recordation costs and the statutory Trustee's fees.
23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument.
[Check applicable box(es)]
Adjustable Rate Rider ❑Condominium Rider ®1 - 4 Family Rider
❑Graduated Payment Rider ❑Planned Unit Development Rider ❑Biweekly Payment Rider
❑ Balloon Rider ❑ Rate Improvement Rider ® Second Home Rider
❑Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and
in any rider(s) executed by Borrower and recorded with it.
Witnesses:
c0 ?
(Seal)
SCOTT K. MANN -Borrower
(Seal)
VICTORIA QUINTANA -Borrower
(Seal) (Seal)
-Borrower -Borrower
[Space Below This Line For Acknowledgment]
STATE OF COLORADO, •..... poygR County ss:
The foregoing instrument was acknowledged before me this ATM.... day of ...A111% 19 95 by
SCOTT K. MANN and VICTORIA QUINTANA.
Witness my hand and official seal.
My commission expires:
Notary Public
Form 3006 1/91 (page 5 of pages)
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SELI-I1ITR DIV 5 TEL :303-945-5665 45-5665 Ju 1 28 95 14:02 No .002 P.01
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GWS -25 COLORADO DIV7N OF WATER RESOURCES•
818 Centennial Bldg., 1313 Sherman 61, Denver, COWOrado 80203
(303) 888.3581
APPLICANT
MARILYN MANN
19050 GREENBRIER LN
MONUMENT, CO 80132
719-481-3338
PERMIT TO CONSTRUCT A WELL
LI C
WELL f ERMfT NUMBER 040470
J-.
DIV. S CNTY. m�. WD 38 DES. BASIN _ (MD
Lot: 4
Block: Filing: Subdiv: RIES EXEMPTION
APPROVED WELL LOCATION
COUNTY GARFIELD
E _
1/4 SW 1/4 Section
Twp 7 S , Range 87 W
DISTANCES FROM SECTION LINES
1500 Ft. from South Section Line
3450 Ft. from East Section Line
3.1
6th P.M,
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the
permit does not assure the applicant that no injury will occur to another vested water right or preclude another
owner of a vested water right from seeking relief In a civil court action.
2) The construction of this well shall he in compliance with the Water Well Construction and Pump Installation Rules
2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well
Construction and Pump Installation Contractors in accordance with Rule 17.
Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the
Roaring Fork River, as an alternate point of diversion to the Basalt Conduit on the condition that the well shall be
operated only when a water allotment contract between the well owner and the Basalt Water Conservancy District
for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation.
4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside one (1) single-
family dwelling, the irrigation of not more than 0.1 acre of home rwn and garden. and the watering of domestic
animals. All use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in
effect.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual amount of ground water to be appropriated shall not exceed 0.7 acre-foot (228,130 gallons).
7) A totalizing flow meter must be Installed on thls well and maintained in good working order. Permanent records of
all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division
Engineer upon request.
8) The well must be constructed not more than 200 feet from the location specified on this permit, and more than 600
feet from any existing well,
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AD2OVED:
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Receipt No. 0332421 r
Post -It" Fax Note 7671
Date Pa865►
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DATE ISSUED DEC 1 6 14U 1 EXPIRATION DATED E C 161992
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PUBLIC NOTICE
TAKE NOTICE that SCOTT K. AND MARILYN MANN have applied to the Board of County
Commissioners, Garfield County, State of Colorado, to allow a Special Use Permit for a two-
family dwelling in connection with the following described property situated in the County of
Garfield, State of Colorado; to -wit:
Legal Description: See Exhibit A
Practical Description: Located at 2727 CR 100, Carbondale, CO.
Said Special Use Permit would allow a two-family dwelling on the above described property.
All persons affected by the proposed Special Use Permit are invited to appear and state their
views, protests or objections. If you cannot appear personally at such hearing, then you are urged
to state your views by letter particularly if you have objections to such Special Use Permit as the
Board of County Commissioners will give consideration to the comments of surrounding property
owners and others affected in deciding whether to grant or deny the request for a Special Use
Permit. This application may be reviewed at the office of the Planning Department located at
Garfield County Courthouse, 109 8th Street, Suite 303, Glenwood Springs, Colorado, between
the hours of 8:00 a.m. and 12 noon and 1:00 p.m. and 4:00 p.m., Monday through Friday.
That public hearing on the application for the above Special Use Permit has been set for the 16th
day of October, 1995, at the hour of 4:00 p.m., at the Garfield County Courthouse, Suite 301,
109 8th Street, Glenwood Springs, Colorado.
Planning Department
Garfield County
•
g T A:
A parcel of land situated in Lot 12 and the NE3SWk of Section 31, Township 7
South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State
of Colorado; said parcel being more particularly described as follows:
Commencing at the Southwest Corner of said Section 31; thence N.19°41'45"E.
1471.35 feet to a point on the westerly line of Laid Lot 12, also beim a point''"
on the northerly right-of-way of County Road No. 100, a fence post in place;
thence N.81°49'39"E. along said northerly right-of-way 543.66 feet; thence
N.83°10'56"E. along said right-of-way 18.37 feet to the True Point of
Beginning; thence leaving said right-of-way N.00°27'27"W. 331.92 feet to the
Roaring Fork River; thence S.82°47'35"E. along said river 252.00 feet; thence
S.72°58'26"E. along said river 37.60 feet; thence S.73°00'16"E. along said
river 116.34 feet; thence leaving said river S.00°27'2.7"E. 231.14 feet to a
point on the northerly right-of-way of said County Road; thence N.E51°53'09"W.
along said right-of-way 77.47 feet; thence S.84°04'38"W. along said right-of-
way 199.59 feet; thence S.83°10'56"W. along said right-of-way 122.06 feet to
the True Point of Beginning, said parcel containing 2.56 acres, more or less.
..."'::RES URCE
..
.....
■.■.■ E N G I N E E R I N G INC.
Mr. Mark Jacobson
Building and Planning Department
Garfield County
109 8th Street, Suite 303
Glenwood Springs CO 81601
j,119 iI
SLP 0 6 $995
*W `i F d
September 5, 1995
RE: Basalt Water Conservancy District, Water Allotment Contract - Marilyn Mann
Dear Mark:
This letter addresses the subject of a water service contract for Ms. Marilyn Mann and
is provided at your request. Resource Engineering, Inc. (RESOURCE) is the engineer
for the Basalt Water Conservancy District (District).
Ms. Mann currently has a water service contract with the District for 0.70 acre feet per
year and 0.033 cfs (contract no. 3.3.5.78a). The contract covers one single family
home on Lot 4 located in the NEN, SW'/ , Section 31, Township 7 South, Range 87
West, 6th P.M.
Ms. Mann has contacted RESOURCE to request an amendment to her contract which
would increase the contract amount to include the addition of an attached apartment
to her existing home. An amendment of this type is typically approved by the District's
Board of Directors and it is our opinion that Ms. Mann's request would also be
approved. The amended contract would provide Ms. Mann with a "legal" water supply
under the District's State approved Substitute Water Supply Plan.
If you have any questions, please do not hesitate to call.
Sincerely,
RESOURCE ENGINEERING, INC.
"—
_
Paul S. Bussone, P.E.
Water Resource Engineer
a=>,4
PSB/mmm
033-7.0 mjmann78.033
CC: Ms. Marilyn Mann
Consulting Engineers and Hydrologists
909 Colorado Avenue ■ Glenwood Springs, CO 81 601 E (970) 945-6777 E Fax (970) 945-1127