HomeMy WebLinkAbout20072837.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING IMPOSITION OF LIEN FOR NON PAYMENT
OF STORMWATER DRAIN FEES ON PROPERTY OWNED BY COUNTRYWIDE HOME
LOANS,INC.,AND PREVIOUSLY OWNED BY KIMBERLY AND MICHAEL MARICK,JR.
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, this Board lawfully adopted Chapter 8, Article VII, of the Weld County Code,
entitled "Stormwater Management Program", for the purpose of the regulation of an
intergovernmental arrangement created for the purpose of implementing, and performing six(6)
stormwater management programs, and to provide for the collection of fees to support the
development and maintenance of current and future stormwater sewers and systems, and
WHEREAS, the Board entered into an agreement with the City of Greeley, as well as with
other municipalities, whereby the City of Greeley was to collect stormwater fees from properties
which lie outside of the city limits, but within the County, and which lie within the Greeley Service
Area Stormwater Utility, and
WHEREAS, the property of Kimberly and Michael Marick, Jr., lies within the County and
within the Greeley Service Area Stormwater Utility, and outside of the City of Greeley, and
WHEREAS,the property was purchased by the Countrywide Home Loans,Inc.,on June 13,
2007, in a foreclosure action, and said purchaser was notified of the unpaid obligation and of these
proceedings, and has not paid the obligation or contacted the office of the County Attorney as
requested, and
WHEREAS, at this time, Kimberly and Michael Marick, Jr., the previous owners (who are
entitled to redeem the property until January, 2008), have wholly failed to pay the fees as billed to
them by the City of Greeley, and
WHEREAS, at this time, the account balance of$1,171.75 remains unpaid, and
WHEREAS, Section 8-7-270 of the Weld County Code provides, "Any delinquent amount
may be enforced by assessment upon the property and premises served and certification to the
County Treasurer for collection pursuant to State law," and
WHEREAS, pursuant to the Weld County Home Rule Charter, Article 3, Section 3-13, the
concurrence of three of the members of the Board is required to approve a Resolution, and
WHEREAS,the motion to assess the property of Countrywide Home Loans, Inc.,previously
owned by Kimberly and Michael Marick, Jr., described as Lot A of the NW 1/4 SE1/4 of Section 10,
Township 5 North, Range 65 West of the 6th P.M., according to the Subdivision of Lands by the
Union Colony of Colorado, City of Greeley, County of Weld, State of Colorado, together with
perpetual Access Easement over the southerly 20 feet of Lot 7 of the NW 1/4/4 SE1/4 of Section 10,
Township 5 North, Range 65 West of the 6th P.M., also known by street and number as 2205 East
18th Street, Greeley, Colorado 80631, received only two votes and therefore failed; and the effect
2007-2837
EG0056
CO I. IN PL, OA ��
RE: IMPOSITION OF LIEN FOR NON PAYMENT OF STORMWATER DRAIN FEES ON
PROPERTY OWNED BY COUNTRYWIDE HOME LOANS, INC.,AND PREVIOUSLY OWNED BY
KIMBERLY AND MICHAEL MARICK, JR.
PAGE 2
of the failure to obtain a majority vote is a denial of the motion.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the amount of $1,171,75 shall not be assessed against the property of
Countrywide Home Loans, Inc., previously owned by Kimberly and Michael Marick, Jr., described
as Lot A of the NW1/4 SE1/4 of Section 10, Township 5 North, Range 65 West of the 6th P.M.,
according to the Subdivision of Lands by the Union Colony of Colorado, City of Greeley, County
of Weld, State of Colorado, together with perpetual Access Easement over the southerly 20 feet
of Lot 7 of the NW 1/4 SE1/4 of Section 10,Township 5 North, Range 65 West of the 6th P.M.,also
known by street and number as 2205 East 18th Street, Greeley, Colorado 80631.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 5th day of September, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
�I ��1 W E COU TY, COLORADO
ATTEST: g j4 ) `� G \_ �� (NAY)
1861 vid E. Lon Chair
u
Weld County Clerk to the r.
tWitA -72t%1— (NAY)
BY: tA♦ �i / illiam H. Jerke, Pro-Tem
De tatty Cle the Board L RECUSED Wl Vl(�4�
AP D AS (AYE)
Robert D. Masden
ounty orney AYE
Dougl s Radem her
Date of signature: laviel
2007-2837
EG0056
seit a WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O.O. BOX BOX 758
GREELEY, CO 80632
1 WEBSITE: www.co.weld.co.us
O PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
August 23, 2007
Castle, Meinhold & Stawiarski, LLC
Attorneys at Law
999 18th Street, Suite 201
Denver, Colorado 80202
Re: Borrower: Marick
Property: 2205 E. 18`h Street, Greeley, CO
Ladies and Gentlemen:
The enclosed is provided to you as a courtesy.
If you have questions, you may call me at 970-356-4000 ext 4394.
You s truly,
anieLA
ss'stant Weld County Attorney
2007-2837
Thl( (‘Ir WELD COUNTY ATTORNEY'S OFFICE
are 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
' WEBSITE: www.co.weld.co.us
C. PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
August 23, 2007
Countrywide Home Loans, Inc.
400 Countrywide Way
SV 35 P.O. Box 10232
Simi Valley California 93065-6298
RE: Nonpayment of Stormwater Fees—Imposition of Lien
Ladies and Gentlemen:
This office represents the Board of County Commissioners of Weld County, Colorado.
The purpose of this letter is to inform you of certain action which the Board intends to
take which may affect your interest in certain property which you have recently
purchased in a foreclosure action. The property,which was owned by Michael and
Kimberly Marick, is located at 2205 East 18th Street, Greeley, Colorado. Copies of the
Public Trustee's Certificate of Purchase, the cancelled Promissory Note and the original
deed to the Maricks' have been enclosed for your reference.
The previous property owners failed to pay a stormwater fee which had been assessed
against their property. The current unpaid balance is $1171.75. It is the intention of the
Board of County Commissioners of Weld County to consider the imposition of a lien
against the property for the unpaid balance at the September meeting. If,however, your
institution is willing to pay the balance, the Board's anticipated action would be
unnecessary. In order to resolve this matter prior to the Board meeting, a check payable
to Weld County may be sent to P.O. Box 758, Greeley, Colorado 80632.
The meeting at which the imposition of the lien will be considered will be held on the 5th
day of September, 2007 at the hour of 9:00 a.m., in the Centennial Building on the first
floor, at 915 Tenth Street, Greeley, Colorado. You may be present if you so desire.
Please call me with any q
uestionsor comments, at 970 356-4000, ext 4394.
Yo 'truly
ssi ant Weld County Attorney
pc: Castle, Meinhold& Stawiarski, LLC
Enclosures: Deed, Cancelled Promissory Note and Public Trustee's Certificate of
Purchase
111111111111111111IIII111111III ii11111!III11111III!Pill
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230
Original
PUBLIC TRUSTEE'S CERTIFICATE OF PURCHASE
Foreclosure Number:07-0650
STATE OF COLORADO
WELD COUNTY
I,the undersigned Public Trustee,certify that pursuant to the power and authority vested in me by law and by the
Deed of Trust described below:
Original Grantor:(Borrower): Michael D Marick Jr.and Kimberly L Marick
Original Grantee:(Beneficiary): Mortgage Electronic Registration Systems,Inc.,as nominee for America's
Wholesale Lender
Date of Deed of Trust: November 19,2002
Recording Date of Deed of Trust: November 27,2002
Recorded in Weld County,Colorado,
Deed of Trust Reception Number:3009447
Original Principal Amount of Deed of Trust: $ 180,000.00
AND,upon the Notice of Election and Demand being filed with me and recorded on April 03,2007 under
Reception number 3466341;
I first published a Notice of Sale and timely mailed a copy of such notice,as it appeared in a newspaper of
general circulation in Weld County,Colorado to the grantor of said Deed of Trust and to all persons appearing to
have acquired a record interest in the property subsequent to the recording of said Deed of Trust.I timely mailed
a notice of the right to cure and redeem a default to the grantor(s)of said Deed of Trust,to any subsequent
owner(s),including the current owner(s)of the property being foreclosed,and to any other person(s)having a
right to cure a default under CRS 38-38-104,or a right to redeem the property being foreclosed under CRS
38-38-302,303 or 305.
The foreclosure was started without production of the original evidence of debt,pursuant to CRS 38-38-101.
A copy of the evidence of debt is attached.
AND, on June 13,2007,at 10:00 AM,the date and time to which said sale was duly continued,I exposed to
public sale the property situate in the aforesaid County of recording,State of Colorado,described as follows:
See Exhibit A attached hereto and incorporated herein by reference
also known by street and number as:
2205 E 18th St,Greeley,CO,80631
At said sale,Countrywide Home Loans,Inc,Purchaser,whose legal address is 400 Countrywide Way,SV 35 P.
O.Box 10232,Simi Valley,CA 930656298,bid the sum of$180,935.04 dollars for said property. Being the
highest and best bid received therefore,the said property was struck off and sold to said Purchaser.Unless the
same be sooner redeemed,the said Purchaser will be entitled to a deed for said property upon the expiration of all
redemption periods allowed by law.
Executed in duplicate on June 13,2007.
Public Trustee of Weld County,State of Colorado •
ez
By:Susie Velasquez,Pub rc ruste sun wtesqu.
9 Public Trustee
07-03589
(lOll!1011 IIII1I IIII NIIII III 0111111 III 1101 III!IIII
3483230 06113/2007 03:43? Weld County, CO
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Exhibit A
Lot 8 of the NW M of the SEX of Section 10,Township 5 North,Range 65 West of the 6th P.M.,According
to the Subdivision of Lands by the Union Colony of Colorado,City of Greeley,County of Weld,State of
Colorado,together with perpetual Access Easement over the Southerly 20 Feet of Lot 7 of the NW1/4 of
the SE 34 of Section 10,Township 5 North, Range 65 West of the 6th P.M.
I IIIIII VIII 10111 lIII IIIIII III IIIII111 III 11111 IIII IIII ��
IIII
3483230 06/13/2007 03:43P Weld County, CO
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tolti
COPY NOTE ��`�
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NOVEMBER 19, 2002 60.EELEY StRA00 \
Pad
2205 E 18111 ST, BREELEY, CO 60631 (OW S"s\S-G` .LoPUC
Ruins Aetwu) VA) UN O
L BORROWERS PROMISE TO PAY 1O-Vb.
laman Oxalmm asthma moeind,1ponbe to pay U.R$ 1B0,000.00 (this mrnotbcalled Rdndpf,
plus kite,m&eatdaofeelta,The Lake U
AMERICA'S WHOLESALE LENDER
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3.PAYMENTS
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one a iftecetplece emutraby thoNae MMdt.
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3483230 06/13/2007 03:43P Weld County, CO • 0
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk&Recorder LOAN !: 021626956
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