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HomeMy WebLinkAbout20091529.tiff600 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR MINOR SUBDIVISION FINAL PLAN, MF #614, PHEASANT CREST ESTATES - TIMOTHY AND LISA BROUGH 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 September 24, 2003, the Board approved the application of Timothy and Lisa Brough, do Tony Evans, P.E., P.O. Box 94, Greeley, Colorado 80632, for a Nine (9) Lot Minor Subdivision with E (Estate) Zone Uses on the following described real estate, to wit: Lot B of Recorded Exemption #1911; being part of the SW1/4 of Section 6, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on December 17, 2003, the Board of County Commissioners of Weld County, Colorado, approved an Agreement for Improvements for County Road 13 for Pheasant Crest Estates, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Timothy and Lisa Brough, do Tony Evans, P.E., with terms and conditions being as stated in said agreement, and accepted a letter confirming an escrow fund had been established at New Frontier Bank, in the amount of $94,500.00, when fully funded, 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 fund established at New Frontier Bank, in the amount of $94,500.00 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 "FDCI as Receiver for New Frontier Bank", at 2425 35th Avenue, Greeley, Colorado 80634, of said cancellation and release. 111111 IIIII 111111 IIII 111111 IIII 1111111 III 11111 IIII IIII 3638600 07/27/2009 02:22P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-1529 PL1646 C�.PL)PL(1)�11P --- rZ 41 /09 CANCEL COLLATERAL - TIMOTHY AND LISA BROUGH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of July, A.D., 2009. ATTEST: Weld County Clerk to t BY Deputy Cler o the Board APP Date of signature. ounty ttorney BOARD OF COUNTY COMMISSIONERS WEILD OU TOLORADO ougla Rade C Sea Conway roilireter David E. Long 111111111111111111III! Illl!! Ill! 1111111 Ill 11111111! Ill! 3638600 07/27/2009 02:22P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder 01/ 2009-1529 PL1646 #4)tr WI`Dc. COLORADO MEMORANDUM TO: Board of County Commissioners DATE: June 25, 2009 FROM: Kim Ogle, Planning Services APPROVED BY: Thomas E. Honn, AICP, Director of Planning Services SUBJECT: Release of Letter— Escrow Agreement New Frontier Bank Case number MF-614 Tim Brough, Applicants Staff from the Department of Public Works conducted a field inspection in June 2009 and determined that the property was in compliance with all transportation elements as stated in their referral dated June 25, 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 the Letter of Escrow Agreement for Pheasant Crest Estates subdivision, from New Frontier Bank, be released in full. PC: R. Hastings, PW D. Carroll, PW S. Arries, CA File: MF-614 2009-1529 COLORADO MEMORANDUM TO: Kim Ogle, Planning Services DATE: 6/25/2009 FROM: Richard Hastings, Public Works Department SUBJECT: Collateral List Update: Brough, Timothy and Lisa- Pheasant Crest Estates (PL1646 #2003-3430) Release of Collateral Status • All Public Works related items have been completed and are found to be acceptable. Weld County Collateral List: Brough, Timothy and Lisa (PL1646 #2003-3430) Pheasant Crest Estates MF #614. Letter verifying escrow account - New Frontier Bank Up to $94,500.00 Recommendation: The Department of Public Works is recommending final release of collateral, as shown above from the Weld County Collateral List. C:\Documents and Settings\kogle\Local Settings\Temporary Internet Files \OLK5\Collateral List update (Brough Tim -Pheasant Crest)-MEMO.doc lURe. COLORADO July 8, 2009 TIMOTHY AND LISA BROUGH C/O TONY EVANS, P.E. P.O. BOX 94 GREELEY, COLORADO 80632 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 Escrow Fund for Timothy and Lisa Brough Mr. and Ms. Brough: On July 1, 2009, the Board of County Commissioners approved the cancellation and release of an Escrow Fund, in the amount of $94,500.00 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 $94,500.00 has been returned to FDIC as Receiver for New Frontier Bank. 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 fn By kilitit /4;4_, Donna J. chler Deputy Clerk to the Board WING COLORADO July 8, 2009 FDCI AS RECEIVER FOR NEW FRONTIER BANK 2425 35TH AVENUE 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 — Timothy and Lisa Brough To Whom It May Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the Escrow Fund for Timothy and Lisa Brough, in the amount of $94,500.00, and the original Letter confirming an Escrow Fund was established, issued by New Frontier Bank, in the amount of $94,500.00. 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 A D nna J. Be er, Deputy Clerk to the Board G� December 15, 2003 Board of County Commissioners of Weld County Greeley, Colorado Hand Delivered To whomever it May concern: NEW FRONTIER BANK New Frontier Bank will act as escrow agent for Tim and Lisa Brough for the development located North of Highway 14 on County Road 13. It understood that the escrow fund will be used to pay for 27% of paving Weld County Road 13. However, New Frontier Bank will have no responsibility for collecting the escrow funds. Funds will be remitted per the agreement for improvements for WCR 13 issued by Weld County. Please feel free to contact me should you have any questions regarding the escrow account. urs truly, ?7) James A. Rutz Sr. Vice President 1 130 Main Street • Windsor, Colorado 80550 • 970-674-9080 • Fax 970-674-9090 Hello