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HomeMy WebLinkAbout20091528.tiff?98 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #604 - DARREL ADOLF AND DELMER ZIEGLER 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 August 24, 2005, the Board approved the application of Darrel Adolf and Delmer Ziegler, P.O. Box 736, Wellington, Colorado 80549, for Six (6) Residential Lots and One (1) Agricultural Outlot on the following described real estate, to wit: Lot C of Recorded Exemption #2940; being part of the NE1/4 of Section 29, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on January 9, 2006, the Board of County Commissioners of Weld County, Colorado, approved an Agreement for Improvements for County Road 17 Road Stabilization for Dust Control, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Darrel Adolf and Delmer Ziegler, with terms and conditions being as stated in said agreement, and accepted a Letter Agreement concerning the Escrow Agreement between Darrel Adolf and Delmer Ziegler and New Frontier Bank, in the amount of $14,922.00, 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 Letter Agreement concerning the Escrow Agreement between Darrel Adolf and Delmer Ziegler and New Frontier Bank, in the amount of $14,922.00 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 notify "FDCI as Receiver for New Frontier Bank" at 2425 35th Avenue, Greeley, Colorado 80634, of said cancellation and release. 111111111111 HIM 11111111111111111MBE dill 3638598 07/27/2009 02:22P Weld County, Co 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 2009-1528 Lit 470/ L.- PL1733 CANCEL COLLATERAL - DARREL ADOLF AND DELMER ZIEGLER 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 the B BY ,1947.41.4 c, AP Deputy Clero the Board County Attorney RM: David E. Long Date of signature (2710eY BOARD OF COUNTY COMMISSIONERS WELD1CUI9.TY)bOLORADO iam F. Garcia, Chair ugl. - ' ade `: cher, Pro -Tern Sean P. Conway Aril 11111111111 IIII IIIIII IIII 1111111 III 11111 IIII IIII 3638598 07/27/2009 02:22P Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder ,(_ Jinx /A - 2009-1528 PL1733 WIiDc COLORADO et;r 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 PF-604 Darrell Adolf & Delmer Ziegler, 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 Antelope Estates PUD, from New Frontier Bank, be released in full. PC: R. Hastings, PW D. Carroll, PW S. Arries, CA File: PF-604 2009-1528 COLORADO MEMORANDUM TO: Kim Ogle, Planning Services DATE: 6/25/2009 FROM: Richard Hastings, Public Works Department SUBJECT: Collateral List Update: Darrel Adolf and Delmer Ziegler (Antelope Estates PUD) PL1733 #2006-0146. Release of Collateral Status • All Public Works related items have been completed and are found to be acceptable. Weld County Collateral List: Darrel Adolf and Delmer Ziegler (Antelope Estates PUD) PL1733 #2006-0146. Dust Control PF604. Letter - Escrow Agreement with New Frontier Bank. $14,922.00 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 (Darrel Adolf -Antelope EST)-MEMO.doc ;;P: COLORADO July 8, 2009 DARREL ADOLF AND DELMER ZIEGLER P.O. BOX 736 WELLINGTON, COLORADO 80549 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 Darrel Adolf and Delmer Ziegler Mr. Adolf and Mr. Ziegler: On July 1, 2009, the Board of County Commissioners approved the cancellation and release of an Escrow Fund, in the amount of $14,922.00 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 $14,922.00 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 By Donna J. Bethler Deputy Clerk to the Board WUk 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 — Darrel Adolf and Delmer Ziegler To Whom It May Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the Escrow Fund for Darrel Adolf and Delmer Ziegler, in the amount of $14,922.00, and the original Letter confirming an Escrow Fund was established, issued by New Frontier Bank, in the amount of $14,922.00. 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 By Donna J. Berchler, Deputy Clerk to the Board ati �o January 4, 2006 ,0 0 NEW FRONTIER BANK Lee Morrison Weld County Attorney 915 10th Street Greeley, CO 80631 Re: Antelope Estates/Darrel Adolf Account Dear Mr. Morrison: This letter is to confirm your approval of the Darrel Adolf Account #21866 that has $14,922.00 available for the completion of improvements on the Subdivision known as Antelope Estates, PZ #604. Specifically, the terms are as follows: 1) The funds will be used for the following purpose and amount: Road Stabilization: $14,922.00 SEE EXHIBIT "A" Agreement for improvements for WCR 17, Road Stabilization for dust control 2) It is agreed that no funds will be released on this account without prior written approval from the Weld County Commissioners for these improvements. 3) Two signatures will be required on any funds to be disbursed, a bank officer and Dan -el Adolf. If you agree to the above conditions, please acknowledge below with your signature and return to our office. Jim Larsen Vice President Windsor Office 1 130 Main Street • Windsor, Colorado 80550 • (970) 674-9080 • Fax (970) 674-9090 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and yia first above written. ATTEST: Jim Larsen, Vice President New Frontier Bank Darrel Adolf Antelope Est Subscribed and sworn to before me this 4th day of January 2006, My commission expires: S Attlee: Al ptiftfra, :4°2%.�(/ �/^~s C47, '• .o R A O aftilintiI D, ;`� Board of County Commissioners Weld Counolorado Weld County Clerk to "The Board" puty Jerk to thei3Board APPROVED AS TO FO . Geile, Chair elit>f/O4' my Attorney 7 a 2 & G) ,DOM »_° 0 0! e n _\\ } 12 ° } rj\ 0X za0 q > 0 0 7 ■ q § § 2J Hello