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RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT
DEVELOPMENT, PF #552 - WILLIAM AND DELORES ROBERTS
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, on July 7, 2004, the Department of Planning Services approved the application
of William and Delores Roberts, 12690 Shiloh Road, Greeley, Colorado 80631, c/o Todd Hodges,
Todd Hodges Design, LLC, 1269 North Cleveland Avenue, Loveland, Colorado 80537, for 10
residential lots with E (Estate) Zone uses on the following described real estate, to wit:
Lots A and B of Recorded Exemption #2342; being
part of the SE1/4 of Section 30, Township 6 North,
Range 66 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on July 21, 2004, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Public Road Maintenance) for Bracewell at Shiloh Lake Planned Unit Development,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and William and Delores Roberts, with terms and conditions being
as stated in said agreement, and accepted an Escrow Agreement dated July 15, 2004, drawn on
the Weld County Title Company which was later acquired by LandAmerica, 7251 West 20th Street,
Building L, Suite 100, Greeley, Colorado 80634, in the amount of $656,552.00, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and recommend release of said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Escrow Agreement, drawn on the Weld County Title Company which
was later acquired by LandAmerica, in the amount of $656,552.00 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 notify the appropriate party of the cancellation.
1111111 11111111111 11111 IIII 111111 111111 III VIII IIII IIII
2009-2420
PL1640
3651791 10/01/2009 11:48A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
as', P , PW,AM- /0/Pilot
CANCEL COLLATERAL - WILLIAM AND DELORES ROBERTS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of September, A.D., 2009.
BOARI1 OF
WELD CO
ATTEST:
UNTY COMMISSIONERS
Y, COLORADO
Iliam F. Garcia Chair
Weld County Clerk to the
out as Rademacher, Pro-Tem
BY:
Deputy Clerk to the Boar
Sean P. Conway
APPR
a Kirkmeyer
Coun
Attorney
David E. Long
Date of signature.
1111111 11111 1131 11111 111111 111111 IMO Jill
3651791 10/01/2009 11:48A Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-2420
PL1640
COLORADO
TO:
DATE:
FROM:
SUBJECT
MEMORANDUM
Board of County Commissioners
September 4, 2009
Kim Ogle, Planning Services \l/0 .
Bracewell at Shiloh Lake PUD, PF-552
do William and Delores Roberts
Escrow Agreement of July 15, 2004
Staff from the Department of Public Works conducted a field inspection in August 2009 and
determined that the property was in compliance with all transportation elements as stated in their
referral dated August 31, 2009. Planning Services inspected the site on May 8, 2009 and
determined that all non -transportation related items had been completed and were acceptable.
The Weld County Attorney, the Department of Public Works and the Department of Planning
Services, have determined that monies held in Escrow for the public road improvements for
Bracewell at Shiloh Lake PUD, do William and Delores Roberts, be released in full.
2009-2420
COLORADO
MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: 8/31/2009
FROM: Richard Hastings, Public Works Department
SUBJECT: Collateral List Update:
Roberts, William & Delores -Bracewell PUD
(PL1640 2004-2058)
Release of Collateral Status
• All Public Works related items have been completed and are found to be acceptable.
Weld County Collateral List:
Roberts, William & Delores (PL1640 2004-2058) Bracewell PUD
Improvements Agreement (Public Road) Escrow agreement
dated July 15, 2004, with 3 allowed disbursements.
$ 656,552.00
Recommendation:
The Department of Public Works is recommending final release of collateral, as shown above
from the Weld County Collateral List.
Any non -Public Works -related items should be verified by Planning Services prior to collateral
release.
C:ADocuments and Settings\kogle\Local Settings\Temporary Internet
Files\Content.Outlook\NUIE6KGO\Collateral List update (Roberts William -Bracewell PUD)-
MEMO Update (2).doc
Identify Results
Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R3199204 Parcel#: 080530401004
Tax Area: 0430 Bordering County:
Acres: 2.5298
Township Range Section Quart. Sec.
06-66-30-4
Owners Name & Address:
ROBERTS WILLIAM R &
12690 SHILOH RD
GREELEY, CO 80631
Additional Owners:
ROBERTS DOLORES A
Business/Complex:
Sale Date
Sale Price
$0
Subdivison Name Block# Lot*
BRACEWELL PUD - - 4
Property Address:
Street: 12690 SHILOH RD WELD
City: WELD
Sales Summary
Deed Type
Legal Description
Reception St
BP L4 BRACEWELL PUD SITUS: 12690 SHILOH RD WELD 000000000
Land Type
Residential
Land Subtotal:
Bldg#
1
Abst Code
1112
Property Type
Residential
Improvements Subtotal:
Total Property Value
Account#: R3199204
Owners Name & Address:
ROBERTS WILLIAM R &
12690 SHILOH RD
GREELEY, CO 80631
Building#
1
Land Valuation Summary
Unit of Number of
Measure Units
Site
Buildings Valuation Summary
Building Details
Actual Value
$225,000
Actual Value
Property Address:
Street: 12690 SHILOH RD WELD
City: WELD
Property Type
Residential
Individual Built As Detail
Assessed
Value
$17,910
Assessed
Value
$771,276 $61,390
$996,276 $79,300
Parcel#: 080530401004
http://maps2.merrick.com/ Website/ W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=080530... 9/3/2009
Identify Results Page 2 of 2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Ranch 1 Story
Frame Stucco
Drywall
6
4
1
0
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
2006
Central Air to Air
2955
Formed Seam Metal
0
1042 Detached SQ Ft: 0
3131 Finished SQ Ft: 2647
http://maps2.merrick.com/Website/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=080530... 9/3/2009
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
COLORADO
September 14, 2009
William and Delores Roberts
12690 Shiloh Road
Greeley, Colorado 80631
RE: Cancellation and release of Escrow Fund for William and Delores Roberts
Mr. and Ms. Roberts:
On September 9, 2009, the Board of County Commissioners approved the cancellation and
release of an Escrow Fund, in the amount of $656,552.00 as referenced above. Enclosed is a
copy of the Resolution signed by the Board of County Commissioners. I will forward a copy of
the signed and recorded Resolution to you as soon as it has been recorded. The original Letter
confirming the Escrow Fund was established for $656,552.00 has been returned to
LandAmerica, which acquired Weld County Title Company.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By;
Donna J. Beer
Deputy Clerk to the Board
lURe
COLORADO
September 14, 2009
LandAmerica
7251 West 20th Street, Building L, Suite 100
Greeley, Colorado 80634
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
RE: Cancellation and release of Collateral — William and Delores Roberts
To Whom It May Concern:
Attached hereto please find the Board of County Commissioners Resolution releasing the
Escrow Fund for William and Delores Roberts, in the amount of $656,552.00, and the original
Letter confirming an Escrow Fund was established, issued by Weld County Title Company and
later acquired by LandAmerica, in the amount of $656,552.00.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4227.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
Deputy Clerk to the Board
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THIS ESCROW AGREEMENT SHALL SUPERCEDE ANY PROVISIONS, OBLIGATIONS OR AGRE7TS
TO THE CONTRARY CONTAINED IN CLOSING INSTRUCTIONS DATED .
ESCROW FILE NO.: ROBERTS
DATE. APRIL 2J, 2 9'
� 5 .ec t I
Weld County Title Company (hereinafter sometimes referred to as "The
Company,") as Escrow Agent, hereby agrees to act as the Escrow Agent depositary
for instruments or funds, as specified below, deposited with it by the parties
to this agreement other than the Company under terms and conditions set forth
herein.
PARTIES:
NAME ADDRESS
WELD COUNTY TITLE COMPANY
WILLIAM R. ROBERTS
DELORES A. ROBERTS
THE COUNTY OF WELD, STATE OF COLORADO
All written correspondence of notices required by this agreement will be
sent by United States mail to the above specified addresses unless the Company
is provided with changes of address in writing.
GENERAL CONDITIONS OF ESCROW
This escrow is subject to the General Provisions, which are attached hereto
and incorporated herein by reference.
DEPOSITS
1) 80% of sales price for lots to be closed by Weld County Title Company in
Bracewell P.U.D. up to an amount of $644,552.00 for improvements and warranty
collateral and an additional $12,000 to be paid to the Windsor School
District. This amount shall vary depending upon the sales price of closed lot
sales and may flucuate with disbursements made hereunder.
1
-71
Escrow File No.: ROBERTS
Date: Aprt' 2-3, 2604 :71j
u
5, -1
Escrow Agent shall hold deposited funds in escrow in order to satisfy Weld County's
requirement that a title company hold and disburse funds for the payment of development
improvements as they may apply to the proposed Bracewell P.U.D., in the amount(s)
shown on attached Exhibit "A." 80% of the sales price for lots closed in the subject
P.U.D., up to an aggregate maximum of $656,552.00 will be withheld from Roberts and
deposited herewith.
Disbursement instructions are as follows:
1) $12,000 to be paid upon the closing of the first lot to the Windsor School District;
2) $560,480.00 will be disbursed to contractor(s) shown on invoices received from
Roberts. This disbursement is subject to receipt by Escrow Agent of a Weld
County Commissioners Resolution accepting all or a portion of the project
improvements as represented on the respective invoice.
3) $84,072.00 will be paid to "The County of Weld, State of Colorado" upon
acceptance of the final improvements. This amount constitutes the warranty
collateral.
It is anticipated that there will be only three disbursements as described above, and if
additional disbursements are required, Escrow must approve any new disbursing
instructions. If Escrow Agent does not receive the funds by August 31, 2004 in order to
complete the anticipated disbursements, Escrow Agent will have the option of 1)
complying with the terms of Exhibit "1" attached hereto; 2) forwarding any remaining
escrow funds to The County of Weld, State of Colorado; or 3) disbursing payment(s) to
unpaid contractors in order to mitigate any lien rights that may affect the subject
subdivision. If there are any funds remaining in escrow after the disbursements are fully
complete, Escrow Agent will forward same to Roberts.
All parties understand that Escrow Agent has no expertise in determining completion,
quality, or costs of development improvements; and, therefore, as a condition of this
Escrow Agreement, it agreed that Escrow Agent shall make no such determinations
herewith. Escrow Agent is indemnified and held harmless should the contemplated
improvements be inadequate and/or the escrow funds be insufficient.
EXECUTED BY THE FOLLOWING:
ESCROW AGENT: WELD COUNTY TITLE COMPANY
Dolores A. Roberts
Ati Re Lim E�
The County of Weld County, State of Colorado
William H. Jerke, Chair Pro-Tem
(2)
JUL 2 1 2004
EXHIBIT I
GENERAL PROVISIONS
I. The Instructions may be supplemented, altered, amended, modified or revoked by writing only, signed by
all parties hereto, and approved by the Escrow Agent, upon payment of all fees, costs and expenses incident thereto.
2. No assignment, transfer, conveyance or hypothecation of any right, title or interest in and to the subject
matter of this Escrow shall be binding upon the Escrow Agent unless written notice thereof shall be served upon the
Escrow Agent and all fees, costs and expenses incident thereto shall have been paid and then only upon the Escrow
Agent's assent thereto in writing.
3. Any notice required or desired to be given by the Escrow Agent to any party to this escrow may be given
by mailing the same addressed to such party at the address given below the signature of such party or the most recent
address of such party shown on the records of the Escrow Agent, and notice so mailed shall for all purposes hereof
be as effectual as though served upon such party in person at the time of depositing such notice in the mail.
4. The Escrow Agent may receive any payment called for hereunder after the due date thereof unless
subsequent to the due date of such payment and prior to the receipt thereof the Escrow Agent shall have been instructed
in writing to refuse any such payment.
5. The escrow Agent shall not be personally liable for any act it may do or omit to do hereunder as such
agent, while acting in good faith and in the exercise of its own best judgment, and any act done or omitted by it
pursuant to the advice of its own attorneys shall be conclusive evidence of such good faith.
6. The Escrow Agent is hereby expressly authorized to disregard any and all notices or warnings given by
any of the parties hereto, or by any other person, firm or corporation excepting only orders or process of court, and
is hereby expressly authorized to comply with and obey any and all process, orders, judgments or decrees of any court,
and in case the Escrow Agent obeys or complies with any such process, order, judgment or decree of any court it shall
not be liable to any of the parties hereto or to any other person, first or corporation by reason of such compliance,
notwithstanding any such process, order, judgment or decree be subsequently reversed, modified, annulled, set aside
or vacated, or found to have been issued or entered without jurisdiction.
7. In consideration of the acceptance of this escrow by the Escrow Agent, the undersigned agree jointly and
severally, for themselves, their heirs, legal representatives, successors and assigns, to pay the Escrow Agent its charges
hereunder and to indemnify and hold it harmless as to any liability by it incurred to any other person, firm or
corporation by reason of its having accepted the same, or its carrying out any of the terms thereof, and to reimburse
it for all its expenses, including, among other things, counsel fees and court costs incurred in connection herewith; and
that the Escrow Agent shall have a first and prior lien upon all deposits made hereunder to secure the performance of
said agreement of indemnity and the payment of its charges and expenses, hereby expressly authorizing the Escrow
Agent, in the event payment is not received promptly from the undersigned, to deduct such charges and expenses,
without previous notice, from any funds deposited hereunder Escrow fees or charges, as distinguished from other
expenses hereunder, shall be as written above the Escrow Agent's signature at the time of the acceptance hereof.
8. The Escrow Agent shall be under no duty or obligation to ascertain the identity, authority or rights of the
parties executing or delivering or purporting to execute to deliver these instructions or any document or papers or
payments deposited or called for here under, and assumes no responsibility or liability for the validity or sufficiency
of these instructions or any documents or paper or payments deposited or called for hereunder.
9. 1'he Escrow Agent shall not be liable for the outlawing of any rights under any Statute of Limitations or
by reason of lathes in respect to the instructions or any documents or papers deposited.
10. In the event of any dispute between the parties hereto as to the fact of default, the validity or meaning
of these instructions or any other fact or matter relating to the transaction between the parties, the Escrow Agent is
instructed as follows:
(a) That it shall be under no obligation to act, except under process or order of court, or until it has been
adequately indemnified to its full satisfaction, and shall sustain no liability for its failure to act
pending such process or court order or indemnification;
(b) That it may in its sole and absolute discretion, deposit the property described herein or so much
thereof as remains in its hands with the then Clerk, or acting Clerk, of the District Court, State of
Colorado in whose jurisdiction the subject property lies, and interplead the parties hereto, and upon
so depositing such property and filing its complaint in interpleader, it shall be relieved of all liability
under the terms hereof as to the property so deposited, and furthermore, the parties hereto for
themselves, their heirs, legal representatives, successors and assigns do hereby submit themselves to
the jurisdiction of said court and do hereby appoint the then Clerk, or acting Clerk, of said court as
their Agent for the service of all process in connection with such proceedings. The institution of any
such interpleader action shall not impair the rights of Escrow Agent under paragraph numbered 7,
above.
I I. If the subject matter of this escrow consists in whole or in part of funds, the same shall not be
commingled by the Escrow Agent with its own funds; provided, however, that anything contained in the Escrow
Agreement of which these General Provisions are made a part, to the contrary notwithstanding, the Escrow Agent shall
not be required to deposit the same in any interest bearing or income producing account, and shall not in any way be
liable to any of the other parties to the Escrow Agreement for the payment of interest upon said funds for the period
during which they are held by the Escrow Agent. It is intended that the provisions hereof shall supersede any other
terms, conditions, covenants or provisions contained in the Escrow Agreement which expressly or by implication are
in conflict herewith.
K,wpdoosklo,ntgenpro, c,o
EXHIBIT "A"
Name of Subdivision or Planned Unit Development: Bracewell Planned Unit Development
Filing:
Location: Lots A and B, RE -2342, located in part of the SE4 Section 30, Township 6 North, Range 66 West of
the 6th P.M., Weld County, Colorado.
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or
Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.)
Improvements
Ouantity Units
Unit
Costs
Estimated Construction
Cost
Site grading
10
$8,997
$89,970.00
Street grading
Street base
Street paving
Curbs, gutters, and culverts
10
$13,725
$137,250.00
Sidewalk
Storm sewer facilities
10
$525.00
$5,250.00
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
10
$20,996
$209,960.00
Laterals (house connected)
On -site sewage facilities
On -site water supply and storage
Water Mains (includes bore)
Fire hydrants
Survey and street monuments and boxes
Street lighting
Street Names
1
Sign
$50.00
$50.00
Fencing requirements
in
Landscaping y foes-
$5 0
$�oar:oo
Park improvements
f'
Road culvert
Grass lined swale
Telephone
10
$4,500
$45,000.00 -
Gas
10
Electric
10
(�
).f'/, 670
Water transfer
Miscellaneous t-iw ll/S(,,j ,n
10
$2,000
$20,000.00
SUB -TOTAL:
$560,480.00
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