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Home My WebLink About20131460.tiffRESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL, DEED OF TRUST AND SALE RESTRICTION AGREEMENT FOR LYONS 66 PACIFIC COMMERCE PARK, PLANNED UNIT DEVELOPMENT, PF #555 - LYONS 66 PACIFIC, LLC WHEREAS, the Board of County Commissioners of Weld County, 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 WHEREAS, by Resolution dated June 25, 2003, the Board approved the application of Lyons 66 Pacific, LLC, 12254 Commerce Court #7, Lafayette, Colorado 80026, for a Change of Zone #555 from the C-4 (Highway Commercial) Zone District to a PUD (Planned Unit Development) Zone for 15 Commercial/Industrial lots; and on July 18, 2005, the Department of Planning Services approved a PUD Final Plan, PF #555, for a 15 lot development with C-3 (Business Commercial) and I-1 (Industrial) uses in the Mixed Use Development area, on the following described real estate, to wit: A Portion of the NW1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on June 14, 2006, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Lyons 66 Pacific, LLC, with terms and conditions being as stated in said agreement, and accepted collateral in the form of a cashier's check (cash) in the amount of $57,600.00 for the improvements to Phase 1 of the PUD, and a Deed of Trust to secure compliance for the development of Phase 2 of the PUD, and WHEREAS, on July 6, 2006, Lyons 66 Pacific, LLC, entered into a "Possession and Use Agreement" with the Colorado Department of Transportation (CDOT), where CDOT acquired certain parcels of land located within the PUD boundaries for the purpose of expanding and improving Interstate Highway 25, and on February 6, 2007, the Weld County Attorney executed a Partial Release of Deed, releasing Lot 1 of the PUD, (which was all of Phase 1) and the property was transferred to CDOT, and the remaining lots of Phase 2 and $57,600.00 in the Trust Fund for Phase 1, Lot 1, were retained, and WHEREAS, on April 17, 2007, the Department of Planning Services approved Site Plan Review #394 for the Kum and Go Convenience Store with gas facilities constructed on Lot 1 of Lyons 66 Pacific Commerce Park and on June 6, 2007, the Board accepted collateral in the form of Subdivision Bond No. 48300, on behalf of Kum and Go, in the amount of $181,016.88, and on May 30, 2012, the Board approved the cancellation and release of this collateral, and WHEREAS, the Department of Planning Services received a letter dated February 21, 2013, from Mr. Michael Shea, Manager for Lyons 66 Pacific, LLC, stating the parcel containing the convenience store had been developed through Site Plan Review #394; however, the internal road, Pacific Circle, had not been completed, but the Town of Mead had annexed the entire development. Enclosed in the same letter was correspondence dated January 31, 2013, 3943576 Pages: 1 of 2 06/27/2013 10:46 RM R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County, CO VIIIMFJPILfLIIiirrWililirdillAIlifFa I i,IIII 2013-1460 PL1670 CANCEL COLLATERAL - LYONS 66 PACIFIC, LLC PAGE 2 from Mr. Dan Dean, Town Manager for the Town of Mead, confirming that the property known as Lyons 66 Pacific had been annexed into the Town of Mead. The Town of Mead has accepted the Lyons 66 Pacific Commerce Park Development, PF #555, in an "As -Is" condition. The Department of Public Works has not previously accepted PF #555 as being completed per the accepted Construction Plan, as not all of the on -site improvements were finished and/or inspected for the entire PUD site, and WHEREAS, The Departments of Public Works and Planning Services recommend release of all collateral currently held in the Trust Fund for $57,600, along with the Deed of Trust for the remaining Lots of Phase 2, referenced in the Improvements Agreement of 2006, and the Sale Restriction Agreement, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Deed of Trust, Sale Restriction Agreement and cashier's check, in the amount of $57,600.00 be, and hereby is, canceled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of June, A.D., 2013. ATTEST: Weld County Clerk to the Board BY: Deputy Cler OUNTY COMMISSIONERS ,'COLORADO William F. Garcia, Chair ara Kirkmeyer Date of signature: 13 3943576 Pages: 2 of' 2 06/27/2013 10:46 RM R Fee:$0.00 Steve Moreno, Clerk and sill r PI �a{JV�1 IC: kvtdht+ Weld R IUI if S�lW �h 11111 2013-1460 PL1670 MEMORANDUM To: From: Kim Ogle, Planning Services Subject: Full Release of Collateral Lyons 66 Pacific LLC Date: May 20, 2013 Board of County Commissioners RECEIVED MAY 2 3 2013 WELD COUNTY COMMISSIONERS The Department of Planning Services received a letter dated February 21, 2013 from Mr. Michael Shea, Manager for Lyons 66 Pacific, LLC stating that one parcel had been developed, the Kum & Go convenience store with gas facilities constructed on Lot 1 of Lyons 66 Pacific Commerce Park, permitted via SPR-394. Mr. Shea states that the internal road, Pacific Circle, has not been completed to the west of the developed Kum & Go parcel, however, the Town of Mead has annexed the entire development. Enclosed in the February 21, 2013 letter from Mr. Shea, is correspondence dated January 31, 2013, from Mr. Dan Dean, Town Manager for the Town of Mead confirming that the property known as Lyons 66 Pacific has been annexed into the Town of Mead. The Town has requested the Letter of Credit held with Weld County not be transferred, opting instead to create a new letter of credit at time of development for parcels within the Lyons 66 Pacific Commerce Park. The Department of Planning Services received an undated letter on March 6, 2013 from Mr. Michael Shea, Manager for Lyons 66 Pacific, LLC confirming his appointment as an additional Manager of Lyons 66 Pacific, LLC. Mr. Shea is requesting full release of collateral held, the Deed of Trust and Sale Restriction Agreement for the Lyons 66 Pacific Commerce Park development, Case Number PF-555 currently held in the Trust Fund for fifty-seven thousand six hundred ($57,600.00) dollars, along with the Deed of Trust for the remaining Lots of Phase 2 referenced in the Improvement Agreement of 2006. Lyons 66 Pacific, LLC (PL1670, #2006-1603) PF #555 Imps Agrmt (Public Road Maintenance) Cashiers Check #101778 drawn on First Bank, Denver, CO (Also has a Deed of Trust and Sale Restriction Agreement) Deposited 07/07/2006 Timeline: June 25, 2003 $57,600.00 Board of County Commissioner approval of PZ-555 from C-4 (Highway Commercial) to PUD for 15 Commercial and Industrial lots [Lyons 66 Pacific Commerce Park] SERVICE. TEAMWORK, INTEGRITY, QUALITY July 18, 2005 The Department of Planning Services administratively approved a PUD Final Plan for a 15 -Lot development with C-3 (Business Commercial) and I-1 (Industrial) uses in the Mixed Use Development area. June 14, 2006 The Board of County Commissioners accepted collateral in the form of a cashier's check in the amount of $57,600.00 for the improvements to Phase 1 of the PUD and a Deed of Trust to secure compliance for the development of Phase 2 of the PUD. July 6, 2006 Lyons 66 Pacific, LLC entered into a "Possession and Use Agreement" with the Colorado Department of Transportation (CDOT), where CDOT acquired certain parcels within the PUD boundaries for the expansion and improvements to Interstate 25. February 6, 2007 The Weld County Attorney executed a Partial Release of Deed, releasing Lot 1 of the PUD, which was all of Phase 1. April 17, 2007 The Department of Planning Services administratively approved Site Plan Review No. 394 for the Kum & Go convenience store with gas facilities constructed on Lot 1 of Lyons 66 Pacific Commerce Park. June 6, 2007 The Board of County Commissioners accepted collateral in the form of Subdivision Bond No. 48300 on behalf of Kum & Go, LC in the amount of one hundred eighty-one thousand sixteen and eighty-eight/100s ($181,016.88) dollars [SPR-394]. May 6, 2011 The I-25/Highway 66 Enclave Annexation Plat for the Robert R. Rademacher, Janice M. Rademacher, Lyons 66 Pacific LLC and Longs Peak Equipment Properties LLC via Reception No. 3767167 was recorded, finalizing the annexation into the Town of Mead. May 30, 2012 The Board of County Commissioners approved the cancellation and released collateral for Kum & Go, LC [SPR-394]. The Town of Mead has accepted the Lyons 66 Pacific Commerce Park development, Case Number PF-555, in an "As -Is" condition. The Department of Public Works does not accept PF- 555 as being completed per the accepted Construction Plans, as not all of the on -site improvements were finished and/or inspected for the entire PUD site. Given this determination, the Departments of Public Works and Planning Services recommend to release all collateral currently held in the Trust Fund for fifty-seven thousand six hundred ($57,600.00) dollars for along with the Deed of Trust for the remaining Lots of Phase 2 referenced in the Improvements Agreement of 2006 and the Sale Restriction Agreement. SERVICE, TEAMWORK, INTEGRITY, QCALITY Town of Mead P.O. Box 626 441 Third Street Mead, Colorado 80542-0626 (970) 535-4477 Office (970) 535-0831 Fax January 31, 2013 Mike Shea 7262 S. Boulder Road Boulder, CO 80303 Dear Mr. Shea: This letter is to confirm that the property known and Lyons 66 Pacific has been annexed into the Town of Mead. We would prefer not to transfer the letter of credit you have with Weld County, opting, instead for a new letter of credit when you develop. Sincerely, Dan J. Dean Town Manager I 1 vvi Ravi tiA-S Deft Lyre, s 72-Gz 1.lJ 1 \Ci LC S 5o c/ev B0Jd€v- C RECEIVED FER 21 9013 Weld County PLnarig Department GREELEY OFFICE R e : N H/ >H , � �� 7c h 3h'f Nui 2ar.( 5S ) iva qt A7 De+, Mr. 031-e i�tJ z cZ; 23 t� vvii f TU r'J -rno) w ; (A) -e- kcvv-e +Gtixf I. '� Pa cJLC ctrl . o je h ak) 6 vi 04/ -ace t .e o f Haj(200 777AA Inc •Pre.pt_te._ Pre Fit s% >2 U 4! First r`," s.rit 0 CS; a41 -t -M af fit4A RCS v Itt-ez-, 11-57/ 600 ;a` It 0r b� L LC • Gt S Loe,e 7-0-\p-, t ann et e-ck,fe.44,-\ ck Ofrn wit '19 SF riLad.a2-,ti,e ke_i e G _ - oLvty 2/n %?__oF!Kl., Lv[4l„ ice —ratab LL_c Slt Sh4Atbc ( aoL . c1 DIRECTORS Michael A. Shea, J.D. Denver, Colorado 303-494-2465 Abelina Madrid Shaw, J.D. Honolulu, Hawaii 808-523-5979 Dr. Karl Hausker Washington, DC 202-4,2-5972 Environmental Foundation RECEIVED HONOLULU, HAWAII OFFICES 888 Mililani Street, Suite 700 Honolulu, Hawaii 96813 808-523-5979 MAR UU2013 Weld County rianntig DttottKieft GREELEY 0FFiC€ O -e ow) Lit ' S clO ( S cc c,- v` -Ft v O 7 ra-)7 66 Pct cif t c_ LL c_ . c.rc_ s COLORADO OFFICE 7262 South Boulder Road Boulder, Colorado 80303 303-494-2465 1 7tvir s Lac P -L ,er„,...- _ BolAa.le-v3� _ .a00 2 6. �.__ _- - _ l l ,til l ✓ I ` "�` iC`�- �N1 U -f . I "t! d..L A . " o ,..s t..A 7 O f c.e_ _ 1_____ - LLC of" -N . !� z- �`'d'^ d In , 6 p/„.(4', LLC tiF t 0-e— T _ 7_21213j .. _ __.__ eal______ L u'► -1 i a ? c_ LL._c . DECEIVED airiv MAR 0 ?013 vyea GR planning Department LEY OFFr E 0 a. p ® LJ 966, -Z( -a IL_ ,Or 9 903 ;OP 33JN✓Ni0d0 !a?Q C -I s^/C¢'/X3N/ 9039993 - a K �� W Z g�:. 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I .,w 'r X11 V y{51i'it rl F� 3 / �.ZE3 If c� �I V4,.aYt �Jir f 4 , ti �` �1,,! Si Y�.�.i<]'��F�T " t x, �e�'��V�))wY C. ti y� i tr7�b F,a'>;�l il�y� ,.�i.t�v...uf ,.....— .�.y.i},r` .fW�+'� J:J' - ._.� "�"--_--i-`• 6049 '. ` ; ,, . M 11/ / o �.y %v o F / Iw�.�`` W •b I / �l 'Il I ,/;)#.:" 3102;110 31102;10 'WO% A9 OIUIOVd Sheet !MCC SirnsSheef Revisions Sheet Revisions I 37 l I r Z l f , LiMpppµµµ n 1..:' i ', i �I ,,,/ O i-1 I M Ei / / �l 16a l / I �® I i•/ ( <_d �� w ya /l cn �� o yg A ( ea . o � �� o i- e $ U �i •0 a 4 _. - ��/L �/ ( 01 �-;-__ ' 1 W!).2 rr> _ �� o •M'0'8 X09 a 30V1 a� 5z —I NO__ -- Ie �: 'i _CVO �,: CT>( 4 I f; �fI Ali // ,. ,, — 4G ,=° I o; 1 Iel �:/r1 1 ...I 5 1.1 HW,f /J �• to . /{' , y 2�� / 1/1 �/ , (5 o In a4t 4. —1E m O O4 °°a Eon ri EN. R� to U 7. N im..Y CO m a 41k G JJ."•Jd' 01 Q� Q V� LOT 13 //// h I LOT 14 N., R. 68 W, 'yqI (a7 Region 4 1420 2nd Street Greeley, CO 80631 Phone: (970) 350-2153 FAX: {970) 350-2176 Plans Unit: David G. Mantych, PIS /fI ii1 ,I 01� uiioel 71,1 I I I\ o� r O e ionino 111 1© PC) ocl 1177111~ i 1 . O IG r 0 Right of Way -hm, 1 Ff - -a 111 Grp /� 9 II N--- .aayYoeel 1 11111111111 111111 III 11111111 11 11111111 III 1111111111111 3767166 0W06/2011 03:53P Weld County, CO 1 of 3 R 21.0(1 0 0.00 Steve Moreno Clerk & Recorder TOWN OF MEAD, COLORADO ORDINANCE NO. 669 AN ORDINANCE ANNEXING A PARCEL OF LAND LOCATED IN A PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PM, COUNTY OF WELD, STATE OF COLORADO, UPON THE PETITION OF THE TOWN OF MEAD THEREOF, TO BE KNOWN AS THE I - 25/HIGHWAY 66 ENCLAVE ANNEXATION TO THE TOWN OF MEAD, COLORADO. WHEREAS, a petition for Annexation has been filed by Dan Dean, Town Manager, on behalf of the Town of Mead, for the annexation to the Town of the following described real property, to wit: A Parcel of Land Located in a Portion of the Northwest One -Quarter of Section 26, Township 3 North, Range 68 West of the 6th PM, County of Weld, State of Colorado, as more particularly described in Exhibit A. WHEREAS, the above described property consists of private property entirely surrounded by the Town's boundaries; and WHEREAS, a public meeting was held on said Petition pursuant to statute on March 8, 2O10; and WHEREAS, the Board of Trustees by Resolution No. 1- R-2010, determined that the applicable parts of C.R.S. 31-12-106 have been met; and WHEREAS, it has been determined by the Board of Trustees that it is desirable and necessary that the described real property be annexed to the Town of Mead, Colorado; and WHEREAS, it has been determined by the Board of Trustees that zoning for the property shall be brought under compliance with the land use code and the official land use map by separate ordinance within ninety days following the effective date of this annexation ordinance; and WHEREAS, if requested by individual property owners within the enclave, one or more detailed Annexation Agreement(s) may be executed by the property owners and the Board of Trustees; NOW THEREFORE, BE Ti ORDAINED by the Board of Trustees of the Town of Mead, Weld County, Colorado, that Section 1. Annexation of Property. The above described property is hereby annexed and included within the town limits of the Town of Mead as provided by C.R.S. 31-12-106. Such property annexed shall immediately be subject to all ordinances, resolutions and regulations of the Town and the following. a. The Lyons 66 Pacific Commerce Park subdivision is to be accepted as originally presented to and approved by Weld County. b. The storm water drainage plan approved by Weld County will be accepted by the Town. c. Notwithstanding any height restrictions in the Mead Land Use Code to the contrary, three-story buildings will be allowed within the annexation. Page 1 of 3 ANNEXATION AGREEMENT LYONS 66 PACIFIC, LLC PROPERTY I-25/HIGHWAY 66 ENCLAVE ANNEXATION THIS ANNEXATION AGREEMENT (hereinafter "AGREEMENT") is made and entered into this _ day of , by and between Lyons 66 Pacific, LLC, 1224 Commerce Court, No. 6, Lafayette, CO 80026, hereinafter referred to as the "OWNER," and the Town of Mead, a municipal corporation of the State of Colorado, hereinafter referred to as "Mead" or "TOWN." WITNESSETH: WHEREAS, the TOWN annexed the following described unincorporated territory in the County of Weld and State of Colorado pursuant to C.R.S. §31-12-106, to -wit: A portion of the North West quarter of Section 26, Township 3 North, Range 68 West of the 6th PM, being more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, hereinafter referred to as "PROPERTY" or "the PROPERTY; and WHEREAS, the property to be annexed was platted as the "Lyons 66 Pacific Commerce Park" by Weld County and recorded June 20, 2006; and WHEREAS, zoning for the Lyons 66 Pacific Commerce Park was approved by the Weld County Commissioners on April 12, 2004 and recorded April 13, 2004; and WHEREAS, certain public improvements to be made by the OWNER to the subdivision were subject to an "Improvements Agreement According to Policy regarding Collateral for Improvements (Public Road Maintenance)," between the OWNER and Weld County dated June 14, 2006, and recorded July 14, 2006; and WHEREAS, the OWNER wishes to develop the PROPERTY for uses compatible with its objectives and those of TOWN; and WHEREAS, the OWNER acknowledges that upon annexation, the PROPERTY will be subject to all ordinances, resolutions, and other regulations of the Town of Mead, as they may be amended from time to time; and WHEREAS, the TOWN and OWNER mutually recognize and agree that it is necessary and desirable for orderly development that the TOWN be the source of necessary urban services for property to be developed, such as police protection, and local government administration; and WHEREAS, the TOWN and OWNER agree that it is in the public interest of the parties hereto to enter a written agreement as to the overall plan of development, including location and dedication of public ways and public areas, zoning, dedication of water rights and location and payment regarding roads, utilities and other improvements; and WHEREAS, the OWNER acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for streets, rights -of -way and easements, parks and open space, utility facilities and other public improvements, to the TOWN as contemplated in this AGREEMENT are directly related to and generated by the development 20130128 ANNEX AGREELENT- LYONS 66- FINAL.OOC 1(28/13 (2:45 pm) Page 1 of 20 176 SALE RESTRICTION AGREEMENT tt THIS SALE RESTRICTION AGREEMENT ("Agreement") entered this /// `day of �� , 2006 by and between THE COUNTY OF WELD, a body politic and political subdivision of the State of Colorado ("Weld") and LYONS 66 PACIFIC, LLC, a Colorado limited liability company ("Lyons 66"); WITNESSE'1'H THAT WHEREAS, Lyons 66 owns the property described in Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, Weld has permitted and Lyons 66 has filed a final Plat ("Plat") with respect to the Property; and WHEREAS, Lyons 66 has provided and Weld has approved an Improvement Agreement with respect to Lot 1 of the Property as shown on the Plat but not with respect to the other lots shown on the Plat; NOW, THEREFORE, the parties hereto agree as follows: 1. Lyons 66 will not sell or convey any lots other than Lot l or portions of the Property except for deeds and dedications for public use, such as street and road rights -of -way, unless it has submitted an Improvement Agreement to Weld which Weld has approved in the reasonable exercise of its governmental powers, duties and authority. 2. Weld may secure performance of this Agreement by a deed of trust ("Deed of Trust"), but upon receipt by Weld of a satisfactory improvement agreement with respect to any other portion of the Property or any other lot shown on the Plat, Weld shall execute and record a Release or Partial Release of this Agreement and the Deed of Trust of Trust. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first above written. County of Weld, State of Colorado t �. Lyons 66 Pacific, LLC By: �4itn Its: M. J. Geile, Chair, Board o8.\ t:.=a County Commissioners JUN 1421 (30276537 / I BY: ATTEST: WELD COUNTY CLERK TO THE BOARD John Davis Manager 11111111111111111111111111111111111111111111111111 1111 3403176 07114/2006 12 39P Weld County, CO Le 1 of 12 R 0.00 D 0 00 Steve Moreno Clerk & Recorder DEPUTY CLEBX TO'THE BOARD STATE OF COLORADO ) ) ss. COUNTY OF ) 14yvsi'Yl� , 2006. WITNESS MY HAND AND OFFICIA[, SEAL. My Commission expires: 06 101_ Q� Subscribed and sworn to before me by p . ,04V/.5 Not STATE OF COLORADO ) ) ss. COUNTY OF 1,JED ) Public on the 2. Y/lay of Subscribed and sworn to before me by Jotm �D v i C=E�a a Manager -of I �Y des of g EC, LLC-en the 1 . y Vic.. �>' , 2006. WITNESS MY HAND AND OFFICIAL SE My Commission expires: Public el, Commission Expires May 15, 2010 111111111111111111111111 I11111111111111 III 1111111111111 3403176 07/14/2006 12:39P Weld County, CO 2 of 12 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 010276537 r 11 Original Note and Deed of Trust Retumed to: WHEN RECORDED RETURN TO: Board of County Commissioners, Weld County, Colorado, on behalf of beneficiary, Weld County, 915 Tenth St., P.O. Box 758 Greeley, CO 80632 Board of County Commissioners, Weld County, Colorado, 1150 "O" St., P.O. '! Box 758 Greeley, Colorado 80632 pby:__. _. >. . Prepared/Received REQUEST FOR FULL ri / PARTIAL 171 RELEASE OF DEED OF TRUST AND RELEASE BY HOLDER OF THE EVIDENCE OF DEBT WITH PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO § 38-39-102 (I) (a), COLORADO REVISED STATUTES June 13, 2013 Lyons 66 Pacific, LLC 7282 So. Boulder Road, Lafayette, Colorado 80026 Boulder, Colorado 80303 113403176 County Rcpt. No. and/or Film No, and/or Book/Page No. and/or Torrens Reg. No. TO THE PUBLIC TRUSTEE OF WELD COUNTY (The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a MI release or, in the event of a partial release, only that portion of the real property described as: (IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE) Date Original Grantor (Borrower) Current Address of Original Grantor, Assuming Party, or Current Owner 1] Check here if current address is unknown Weld County Original Beneficiary (Lender) March 24, 2006 Date of Deed of Trust Date of Recording and/or Re -Recording of Deed July 14, 2006 of Trust Recording Information Name and Address of Current Holder of the Evidence of Debt Secured by Deed of Trust (Lender) Weld County through the Board of County Commissioners, Weld County, Colorado, 1150 "O" St., P.O. Box 758 Greeley, Colorado 80632 Name, Title and Address of Officer, Agent, or Attorney of Current Holder Board of County Commissioners, Weld County, Colorado, William F. Garcia, Chair 1150 "O" Street, P.O. Box 758 Greeley, Colorado 80632 State of Colorado , County of Weld The foregoing Request for Release was acknowledged before me on June 13, 2013 (date) by* William F. Garcia, Chair, Board of County Commissioners Bruce T.,Rarker, Weld County Attorney cjl")pl U Date Commission Expires *If applicable, insert title of officer and name of current holder /l 1t . N'(lliam F. Oareia, Chair Board of County Commissioners Weld County, Colorado on behalf of Weld County RELEASE OF DEED OF TRUST WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid e-perp= : ' the Deed of Trust has been fully or partially satisfied according to the written request of the current holder o evidence of debt; NOW THEREFORE, in consideration of the premises and the payment of e statutory sum, receipt of which is h acknowledged, I, as the Public Trustee in the County named above, do hereby fully ; n....lutel release, cancel and f.rever . the Deed of Trust or that portion of the real property de ..,.a ve in - ':. of Trus; together with a appurtenances thereto belonging. TAMMY LEE WATERS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124078542 iMYiCOMMISSION EXPIRES DECEMBER 5, 2016 (PublicTia usaapprcp,v:te la (lfapp lIca ble, None and Address of Person Creating New Legal Dever ® 2009 CPTA. All Rights reserved. Susie Velasquez Public Trustee Br).e:YlRrker ...Wad County Attorney P Deputy Public Trustee Date § 38-35-]06.5, Colorado Revised Statutes.) Rev. 09/09 UN 1 2 AFFIDAVIT OF SATISFACTION I, William F. Garcia, Chair of the Board of County Commissioners, Weld County, Colorado, and on behalf of said Board, hereby states and affirms that the purpose of the deed of trust has been satisfied, as evidenced by the Resolution of the Board of County Commissioners, Weld county, Colorado, a copy of which is attached hereto and made a part hereof. Therefore, it is appropriate that the Deed of Trust (recorded July 14, 2006, recording number 3403175) be released. ATTEST: orw as 4'" Deputy Clerk Board STATE OF COLORADO County of Weld County ) ss. COUNTY OF WELD, a body corporate and politic of the STATE OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD lam F. Garcia, Chair a The forgoing instrument was acknowledged before me this %3 day of June, 2013, by William F. Garcia, Chair of the Board of County Commissioners of the County of Weld, a body corporate and politic of the State of Colorado. WITNESS my hand and official seal. My Commission Expires: TAMMY LEE WATER:; NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124078542 MY COMMISSION EXPIRES DECEMBER 5, "r • ii5 DEED OF TRUST THIS INDENTURE, Made this .11/ day of March, 2006, between LYONS 66 PACIFIC, LLC whose address is 1224 Commerce Court, #7, Lafayette, Colorado 80026 hereinafter referred to as grantor, and the Public Trustee of the County of Weld, State of Colorado, hereinafter referred to as Public Trustee, WITNESSETH, THAT, WHEREAS, grantor and Weld County have executed a Sale Restriction Agreement dated March , 2006 (referred to as the agreement). AND WHEREAS, the grantor is desirous of securing its performance under the agreement. NOW THEREFORE, the grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said Public Trustee in trust forever, the following described property, situate in the County of Weld, State of Colorado, to wit: A portion of the Northwest 1/4 of Section 26, Township 3 North, Range 68 West of the 6th P.M., being more particularly described as follows: Commencing at the North quarter corner of said Section 26; thence South 00'13'00" West a distance of 40.00 feet to a point on the South right-of-way line of Colorado State Highway 66; thence South 89'25'00 West and along the South right-of-way line of Colorado State Highway 66 a distance of 1270.76 feet to the Point of Beginning; thence South 00'13'00 West a distance of 1279.93 feet; thence South 89'25'10" West a distance of 1325.86 feet to a point on the East right-of-way line of Interstate 25; thence Northerly along the East right-of-way line the following three courses: 1. North 00'25'30" East a distance of 206.37 feet; 2. North 16'00'00" East a distance of 1088.80 feet; 3. North 89'59'42" East a distance of 500.89 feet to a point on the South right-of-way line of Colorado State Highway 66; thence North 89'25'00" East and the South right-of-way line of Colorado State Highway 66 a distance of 529.35 feet to the Point of Beginning; vacant land; saving and excepting Lot 1 or portions of the Property for deeds and deductions for public use, such as street and road rights -of -way, as shown on the final Plat recorded as County of Weld State of Colorado TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust until the full performance by grantor of all of grantor's obligations under the agreement. And the grantor, for itself and its members, personal representatives or assigns covenants and agrees to and with the Public Trustee, that at the time of the ensealing of and delivery of these presents it is well seized of the said land and tenements in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid; hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said lands, tenements, and property as a Homestead Exemption, or other exemption, under and by virtue of any act of the General Assembly of the State of Colorado, or as any exemption under and by virtue of any act of the United States Congress, now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances whatever. The grantor shall and will Warrant and Forever Defend the above bargained property in the quiet and peaceable possession of the Public Trustee, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. Until performance of all of grantor's obligations under the agreement, the grantor shall timely pay all taxes and assessments levied on the property. AND THAT IN CASE OF ANY SALE OR CONVEYANCE, of any portion of the Property in violation of the agreement, the lien of this Deed of Trust shall be senior to any sale or conveyance. Such sale or conveyance shall not convey good and marketable title. It is further expressly understood and agreed that all the covenants and agreements herein contained shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Executed this ZS day of March, 2006. State of Colorado County of k11ICi The foregoing instrument was acknowledged bef of Lyons 66 Pacific, LLC. Witness my hand and seal. My commission expires: {00279827/1} Lyons GC, racirr !/l T7om% By: �,�/�`. '/ 6 /John Davis Its ` Manager of h , 2006, by John Davis, Manager, 0 i,Cz IM°,POH0 lL� K I 11111111111111111111111 llli !iii 1111111 III 111111lll llll 3403175 07/14/2006 12:38P Weld County, CD 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk & Recorder itt Wilk COLORADO June 14, 2013 Attn: Michael A. Shea Lyons 66 Pacific, LLC 7262 South Boulder Road Boulder, Colorado 80303 RE: Cancellation and release of Collateral — Lyons 66 Pacific, LLC Mr. Shea: CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 Attached hereto, please find the Board of County Commissioners Resolution releasing the Deed of Trust and the Collateral for Lyons 66 Pacific, LLC., in the amount of $57,600.00. If you would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at 970-304-6530. I am enclosing the original Deed of Trust, the original Release of Deed of Trust, and a check to refund the collateral in the amount of $57,600.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By: Donna J. BecMtdr, Deputy Clerk to the Board Weld County. Colorado WARRANT NUMBER 3284990 INVOICE NUMBER OR RFFERENCF INVOICF OATF INVOICF " " AMOI INT nISCOt INT OR r)Fnh ICTIONS ADDITIONAL : < AMAI INT .. NET - AMOUNT 06/12/13 57,600.00 0.00 0.00 57,600.00 0 • e s argo Greeley, CO 80634 Fifty Seven Thousand SIX Hundred "`: Dollars PAY TO THE ORDER OF LYONS 66 PACIFIC LLC C/O MICHAEL A SHEA 7262 S BOULDER RD BOULDER CO 80303 REMOVE DOCUMENT ALONG THIS PERFORATION a WARRANT Weld County NUM8EF3 28499 r By Order of The Board Of County Commissioners e2_sa :"�� ly,• P.O. Box 758 1021LARGEM+4E7,TNE Greeley, CO 80632 X70) 356 4D00fAX: (970)352-0242 DATE 6/19/2013 "000 3 2811990o 9 9011' •: LO 2 L009 Lai: 80 L2 ?00848,1' �AA.Y.EXACTUV �"� $*****57,600.00 !I VOID IE NOT CASHED IN 60 DAYS CHAIRMAN BOARD OF COUNTY COMMISSIONERS CLERK OF THE BOARD Ln U) to D N Ln D D D 0r to D f'- SENDERCOi1?PLETE THIS SECTION. ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. N Print your name and address on the reverse so that we can return the card to you. N Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 6A L l 6' S` Eea/ ?f /ed 'odercZ) Yo,i5z Postago Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sept, To Post H �e)5iiea/L64s ‘Z Street, Apt. No.; / �J or PO Box No. , l l !7 -5-, „�S.ezdelee _ �% City, State, Z! +4 I�ll C�X1C & 2 d(der �o 1 l� Sr rPr Jtrr�i% �P7 ]J Y:7:f 1 , lljj tl l�JiE COMPLETE THIS SEC77O/V ON DELIVERY A. Signs gent Addressee eceived by (Printed Name) C. Date of Delivery .1a7 ,0NA Jttt A D. Is delivery address different from item 1? Q Yes if YES, enter delivery address below: O No 3. Service ype riffled Mail ❑ Registered ❑ insured Mail ❑ Express Mail O Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7004 2890 0003 5709 8556 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Hello