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Home My WebLink About20093010.tiffRESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR COUNTY ROAD 86 ROAD STABILIZATION FOR DUST CONTROL FOR MINOR SUBDIVISION FINAL PLAT, MF #589 - RIC HANSEN 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 April 30, 2003, the Board approved the application of Ric Hansen, P. O. Box 158, Timnath, Colorado 80547, for Griffith Minor Subdivision, and WHEREAS, on July 14, 2004, the Board of County Commissioners of Weld County, Colorado, approved an Agreement for Improvements for County Road 86 Road Stabilization for Dust Control for Griffith Minor Subdivision, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Ric Hansen with terms and conditions being as stated in said agreement, and accepted an Escrow Agreement concerning Account #LR34621 B04, drawn on the First American Heritage Title Company, in the amount of $10,400.00, 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 the Escrow Agreement concerning Account #LR34621B04, drawn on the First American Heritage Title Company, in the amount of $10,400.00 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. 1111111 11111 VII 111111 11 III 111111111111IIII 3661803 11/25/2009 11:10A Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Pt,rfrJ; 3%') 2009-3010 PL1627 /2 /o t ��xl CANCEL COLLATERAL - RIC HANSEN 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 COL T,Y, COLORADO ATTEST: William F. Garcia, Chair Weld County Clerk to t DouglaIRademacljer, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway EXCUSED Barbara Kirkmeyer Date of signature: 107/09 EXCUSED David E. Long I111111111111111111111111111111111111111111111111111HI 3661803 11/25/2009 11:10A Weld County, CO 2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 2009-3010 PL1627 a4 11`k COLORADO MEMORANDUM TO: Board of County Commissioners DATE: November 9, 2009 FROM: Kim Ogle, Planning Services SUBJECT: Griffith Minor Subdivision do Ric Hansen MF-589 Escrow Number LR34621B04 First American Heritage Title Company 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 the Escrow Number LR34621 B04 from First American Heritage Title Company for Griffith Minor Subdivision be released in full. Hansen, Ric (MF #589) Griffith Minor Subdivision (PL1627 2004-1957) Escrow Number LR34621 B04 with First American Heritage Title Company. $10,400.00 0 avi 0 C- dl -J 2009-3010 W1�itotit 'Yc COLORADO MEMORANDUM TO: Kim Ogle, Planning Services DATE: 11/04/2009 FROM: Richard Hastings, Public Works Department SUBJECT: Collateral List Update: Griffith Minor Subdivision (PL1678 #2004-3546) MF-589 Release of Collateral Status • All Public Works related items have been completed and are found to be acceptable. Weld County Collateral List: Hansen, Ric (MF #589) Minor Subdivision (PL1627, 2004-1957) Escrow Number LR34621604 with First American Heritage Title Company. $10,400.00 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:\Rich HastingsU3OCC Agenda\Memo\Collateral List update (Griffith Minor Subdivision MF-589)-MEMO.docx Wilk COLORADO November 18, 2009 RIC HANSEN P.O. BOX 158 TIMNATH, COLORADO 80547 RE: Cancellation and release of Escrow Fund for Ric Hansen Mr. Hansen; CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 On November 16, 2009, the Board of County Commissioners approved the cancellation and release of an Escrow Fund, in the amount of $10,400.00 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 $10,400.00 has been returned to First American Heritage 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 Deputy Clerk to the Board Wilk COLORADO November 18, 2009 ATTN: THERASA MYERS FIRST AMERICAN HERITAGE TITLE COMPANY 4532 MCMURRY AVENUE UNIT 210 FORT COLLINS, COLORADO 80525-8022 RE: Cancellation and release of Collateral — Ric Hansen CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 To Whom It May Concern: Attached hereto please find the Board of County Commissioners Resolution releasing the Escrow Fund for Ric Hansen, in the amount of $10,400.00, and the original Letter confirming an Escrow Fund was established, issued by First American Heritage Title Company, in the amount of $10,400.00. 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: /-- 100_ f t r� 9 Donna J. Be ler, Deputy Clerk to the Board Jtitea• l� o oa A - . c, ESCROW Instructions 2/4 Go- o �oya� \�oo°'' �Gti4, Escrow Number LR34621B04 y p\ , ti9 �' First American Heritage Title Co as Escrow Agent, yy yeoathe undersigned deposit with Cr eaati the items set forth in Schedule A, to be held by said Escrow Agent subject to the terms hereof and '4-�yo'a the Special instructions set forth in Schedule B. c0 1. The provisions of Exhibit 1 General Provisions, attached hereto, are by this reference incorporated herein. 2. If the deposits hereunder are not withdrawn before July 10, 2008 the Escrow Agent may mail the same as follows: (State to whom each item is to be returned in such event) See Schedule B attached hereto at the address stated below and thereupon be relieved of all liability hereunder. IN WITNESS WHEREOF, the undersigned have hereunto affixed their signatures and hereby adopt as a part of this instrument Schedules A and B hereto attached. Number of copies signed. 2 Escrow fees to be as follows: (a) Setting up fee $ 250.00 (b) Annual fee $ (c) Miscellaneous $ STATE OF c..Liolo O ss. COUNTY OF L The foregoing instrument was acknowledged before me this ) tAday of loll )- o cy , ,by R,c I44..., My commission expires i 1-1/c) Witness my hand and official seal. Nota Public Accepted: Date: '�/i L /U4/ OCESUNT E w Officer Pile# LR34621B04 SUBJECT PROPERTY: Lots 1, 2, 3 and 4 of Griffith Minor Subdivision County of Weld, State of Colorado SCHEDULE A Escrow Agent agrees to hold funds as they are received in an Interest Bearing Account at a Federally Insured Bank of it's choosing and as more fully described in the Agreement for Improvements for WCR 86 Road Stabilization for Dust Control, hereinafter referred to as the Improvement Agreement, dated July 9, 2004 between Ric Hansen, Developer of Griffith Minor Subdivision, hereinafter referred to as Developer and Board of County Commissioners of Weld County, Colorado, which is attached hereto and incorporated herein. The escrow when fully funded will be $10, 400.00 SCHEDULE B (Special Instructions) 1. The Escrow shall be held for the time frame as defined in the Improvement Agreement . 2. Escrow Agent agrees to Release escrowed funds only in accordance with the Improvement Agreement and further agrees not to release any portion of the escrowed funds without prior written approval from the Board of County Commissioners of Weld County, Colorado. 3. If Escrow Agent has not received the Final Accounting and request to release escrowed funds by July 10, 2008, Escrow Agent is instructed to return all remaining funds, including Interest, held in said Escrow to the Developer at: Ric Hansen Post Office Box 158 Timnath, CO 80547 unless Escrow Agent is notified of change of address in writing. RECEIPT OF THE herein described documents and instructions is hereby acknowledged and accepted this /2-" day of July 2004 First American Heritage Title Co BY' �/21�✓ File# LR346211304 IESCINT EXHIBIT I GENERAL PROVISIONS The instructions may be supplemented, altered, amended, modified or revoked by writing only signed by all of the 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 he 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 he given by the Escrow Agent to any party to this Escrow may he 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 he as effectual as though served upon such party in person at the time of deposit- ing 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 another 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, firm or corporation by reason of such compliance, notwithstanding any such process, order, _judgment or decree he 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 pay- ment 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 he as written above the Escrow Agent's signature at the time of the acceptance hereof. S. 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 or deliver these instructions or any documents or papers or payments deposited or called for hereunder, and assumes no responsibility or liability for the validity or sufficiency of these instructions or any documents or papers or payments deposited or called for hereunder. 9. The 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 facts 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 he 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; h. 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 pro- ceedings. The institution of any such interpleader action shall not impair the rights of the Escrow Agent under paragraph number 7 above. 11. If the subject matter of this escrow consists in whole or in part of funds, the same shall not he 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 not- withstanding, the Escrow Agent shall NOT BE REQUIRED TO DEPOSIT THE SAME IN ANY INTEREST BEARING OR INCOME PRODUCING ACCOUNT, AND SHALL NOT IN ANYWAY 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 unless the instructions for an interest bearing deposit of the funds shall have been stated in writing and agreed to by the Escrow Agent in writing. 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. File # LR34621B0, ix usetNT First American Heritage Title Company - Colorado - Fort Collins - (970) 493-3051 > 411.... Page 2 of 3 First American Heritage Title Company 4532 McMurry Ave Unit 210 Fort Collins, CO 80525-8022 (970) 493-3051 Categories. Title Companies & Agents. Titles Searched Languages Spoken English Map & Directions Ii QR Code �II Hotels r j Restaurants F, Bars i ce- Parking ,C3 SHARE ? yJ P?... ten( l/%R✓ r/T(x�i tip Jl h rtie 7", &Ltttet-' f2'kje4-)Ime cue ? J1# f *JU t `freA.44W- rh/Let.at.„ 009 _ilk,4 etuAisLez),,G t ' 4532 McMurry Ave Unit 210, Fort Coll Map data O2009 Googfe Please, enter your address... Get Directions! More Title Companies & Agents in Fort Collins North American Title Company of Colorado 712 Whalers Way Ste A100. Fort Collins. CO 80525- 3618 North American Title Company of Colorado 1130 Haxton Dr, Fort Collins, CO 80525-6269 Chicago Title of Colorado Inc 300 E Horsetooth Rd Ste 204 Fort Collins. CO 80525- 3154 Security Title Guaranty Co 343 W Drake Rd Ste 200. Fort Collins: CO 80526-2880 http://www.411.info/business/Colorado/Fort-Col lips/First-American-Heritage-Title-Com... 11/17/2009 Hello