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RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY
SPECIAL REVIEW #1575 - MARILYN TAYLOR / EAGLE'S NEST AVIATOR HOMES,
INC.
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 January 31, 2007, the Board approved the application
of Marilyn Taylor, 7507 County Road 39, Fort Lupton, Colorado 80621, for a use similar to the
uses listed as Use by Special Review (assisted living residence) as long as the use complies
with the general intent of the A (Agricultural) Zone District on the following described real estate,
to wit:
Lot B of Recorded Exemption #4053; being part of
the NW1/4 of Section 32, Township 2 North, Range
65 West of the 6th P.M., Weld County, Colorado,
and
WHEREAS, on July 2, 2007, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for
Improvements (Private Road Maintenance) between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and Marilyn Taylor / Eagle's
Nest Aviator Homes, Inc., with terms and conditions being as stated in said agreement, and
accepted Irrevocable Letter of Credit No. 14-07-06, drawn on Valley Bank and Trust, 30 North
4th Avenue, Brighton, Colorado 80601, in the amount of $109,593.00, and
WHEREAS, on November 3, 2008, the Board cancelled and released a portion of the
collateral in the amount of $104,718.00, and accepted replacement collateral in the form of
check #1124, in the amount of $4,875.00; retaining fifteen (15) percent for a one-year warranty
period, and
WHEREAS, staff from the Weld County Departments of Public Works and Planning
Services have conducted a visual inspection and, along with the Weld County Attorney,
recommend release of said collateral.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that check #1124, in the amount of $4,875.00 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.
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3661571 11/24/2009 11:51A Weld County, CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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2009-3011
PL1869
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CANCEL COLLATERAL - MARILYN TAYLOR / EAGLE'S NEST AVIATOR HOMES, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of November, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD PO.QUITYCOLORADO
ATTEST:
Weld County Clerk to the
BY: y.Sl {f,A ,
Deputy Clerk to the Boar
APPROVED AS4O FORM:
Sean P. Conway
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fntyAtit
Date of signature: /1/17/O9
uglas ademacher, Pro-Tem
EXCUSED
Barbara Kirkmeyer
EXCUSED
David E. Long
11111 11111 111111 1111 11111 III 1111111 III 11111 11111111
3661571 11/24/2009 11:51A Weld County, CO 2009-3011
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder PL1869
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WIVk
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: November 9, 2009
FROM: Kim Ogle, Planning Services ?l -t.
SUBJECT: Eagle's Nest Aviator Homes, Inc
do Marilyn Taylor
USR 1575
Personal Check # 1124
Staff from the Department of Public Works conducted a field inspection in October 2009 and
determined that the property was in compliance with all transportation elements as stated in their
referral dated November 4, 2009. Planning Services inspected the site on May 5, 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 Personal Check # 1124 from Marilyn Taylor for Eagle's Nest
Aviator Homes, Inc may be released in full.
Taylor, Marilyn (Eagle's Nest Aviator Homes, Inc.)
#2007-1839 - Improvements Agreement
Released Letter of Credit 11/03/08 (2008-2923)
Received Replacement Collateral for 15 percent
warranty in form of check #1124
Deposited 11/05/08
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$4,875.00
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2009-3011
Mr%
"DC.
COLORADO
MEMORANDUM
TO: Kim Ogle, Planning Services
DATE: 11/04/2009
FROM: Richard Hastings, Public Works Department
SUBJECT: Collateral List Update:
Eagle's Nest Aviator Homes, Inc.
(PL1869, #2007-1839) USR-1575
Release of Collateral Status
• All Public Works related items have been completed and are found to be acceptable.
Weld County Collateral List:
Taylor, Marilyn (Eagle's Nest Aviator Homes, Inc.)
Original Collateral Amount = $109,593.00 (LOC#14-07-06) 6/21/07
#2007-1839 - Improvements Agreement
Released Letter of Credit 11/03/08 (2008-2923)
Received Replacement Collateral for 15 percent
warranty in form of check #1124
Deposited 11/05/08
$4,875.00
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.
M:Udich Hastings\BOCC Agenda\Memo\Collateral List update (Eagle's Nest Aviator Homes USR-1575)-MEMO.docx
At
WID€.
COLORADO
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
November 19, 2009
MARILYN TAYLOR / EAGLE'S NEST AVIATOR HOMES, INC.
7507 COUNTY ROAD 39
FORT LUPTON, COLORADO 80621
RE: Cancellation and release of Collateral for Marilyn Taylor / Eagle's Nest Aviator Homes,
Inc.
Ms. Taylor;
On November 16, 2009, the Board of County Commissioners approved the cancellation and
release of collateral, in the amount of $4,875.00 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. Also enclosed is the
Weld County Warrant, in the amount of $4,875.00.
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 /
7-/l/at , /CO/LIZ )
Donna J. B hler
Deputy Clerk to the Board
By:
WARRANT NUMBER 3247730
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REMOVE DOCUMENT ALONG THIS PERFORATION
THIS DOCUMENT IS PRINTED IN TWO COLORS:. DO NOT ACCEPT UNLESS BLUE AND BROWN ARE PRESENT.
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Greeley, CO 80634
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