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Home My WebLink About20072596.tiff 997 RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR CHALLENGER RANCH PLANNED UNIT DEVELOPMENT, S #605 - ALBERT CHALLENGER 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 5,2001,the Department of Planning Services approved the application of Albert Challenger,P.O.Box 448,Evergreen,Colorado 80439 for Planned Unit Development Final Plat,S#605,known as Challenger Ranch PUD,on the following described real estate, to wit: Part of the W1/2 of Section 29, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on October 31, 2001, the Board of County Commissioners of Weld County, Colorado approved an Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance)for Challenger Ranch PUD,between the County of Weld, State of Colorado,by and through the Board of County Commissioners of Weld County,and Albert Challenger with terms and conditions being as stated in said agreement,and accepted two Deeds of Trust for Lots 1 through 5,Challenger Ranch Planned Unit Development,dated October25,2001, and WHEREAS,the Board of County Commissioners,by Resolution dated December 17,2001, deemed that the Deed of Trust for Lots 1 and 3 through 5,which were held by Weld County could be released,with the Deed of Trust for Lot 2 being retained to secure said Improvements Agreement According to Policy Regarding Collateral for Improvements for Challenger Ranch PUD, and WHEREAS, the Deed of Trust for Lot 2 was never recorded, but is currently being held by the Clerk to the Board, and WHEREAS,the above-described property was sold byAlbert Challenger to Eleanor R. Dean, and later transferred to Eleanor R. Dean and John L. Gosney, jointly, and WHEREAS,a Minor Amendment to S#605,renaming the subject project Heritage Crossing Ranch PUD, was approved by the Board of County Commissioners of Weld County on May 22, 2006, and there is no further need for the posting of collateral, including in the form of the Deed of Trust for Lot 2, Challenger Ranch PUD, as all improvements contemplated by the Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance) for Challenger Ranch PUD have been completed. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the requirement for the posting of collateral be and hereby is eliminated;that the Deed of Trust for Lot 2 Challenger Ranch PUD, be and hereby is, released; and that the Clerk to the Board is authorized to state across its face that said Deed of Trust is released. 111111111111111111111111111111111111111III 11111 IIII IIII 2007-2596 3503997 09/13/2007 03:14P Weld County, CO PL1573 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CANCEL COLLATERAL -ALBERT CHALLENGER PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 15th day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: gce EXCUSED iso / David E. Long, Chair Weld ounty Clerk to the rdt `,. 1 William e , rcr m BY: V ( s . Dept Clerk the Board William F. Garcia APP T ORM: EXCUSED Robert D. Masden Co Attorney (AM � Douglas Rbdemacher Date of signature: -I u I 1 111111111111111111111111111111111 11111 III 11111 1111 1111 3503997 09/13/2007 03:14P Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2007-2596 PL1573 Stephanie Arries From: David Bauer Sent: Wednesday, August 01, 2007 12:16 PM To: Kim Ogle Cc: Kelly Jenkins; Stephanie Arries Subject: RE: CHALLENGER RANCH ISSUE Right, no Public Works issues - the road is theirs to maintain, the drainage is their' s too. I recommend we release the deed. David Bauer Weld County Public Works Original Message From: Kim Ogle Sent: Wednesday, August 01, 2007 7 :50 AM To: David Bauer Subject: FW: CHALLENGER RANCH ISSUE Confirming there are no issues. A double check on my part. Kim Ogle I Planning Manager T: 970.356.4000 x 3549 I F: 970 304 6498 Weld County Planning Services - Greeley Office 918 Tenth Street I Greeley CO 80631 I kogle@co.weld.co.us Original Message From: Stephanie Arries Sent: Tuesday, July 31, 2007 4 :53 PM To: Kim Ogle Subject: CHALLENGER RANCH ISSUE Kim, After I emailed you the first time, I did some checking on ICRIS on the property. I see that that what used to be Challenger Ranch is now Heritage Ranch. So I guess I can see no reason not to release the Deed of Trust for Lot 2 of the original Challenger Ranch, since you probably have whatever collateral you need for this new P.U.D. with the new folks, or there is no need for any collateral - Right?? I would still feel better if you confirm all this for me. Thanks Stephanie 1 07/31/2007 17:06 9529742951 JOHN GOSNEY PAGE 01/02 John L. Gosney Eleanor R. Dean 7401 Longview Circle Chanhassen, MN 55317-9797 952-974-2951 jlgosney@aol.com Bruce Barker County Attorney Weld County, Colorado Stephanie Ames Assistant County Attorney Weld County, Colorado VIA FACSIMILE Dear Bruce: Attached is a letter that indicates that the Deed of Trust on Lot 2 does exist. Unfortunately, although the letter indicates a copy is attached, I did not get a copy of the Deed of Trust. I would like the resolution to simply cancel the Deed of Trust— I am not satisfied with the language you suggest, le "...identifying that there is no such deed of trust...". Both the resolution I faxed you earlier and the attached letter clearly indicate that Albert Challenger provided two deeds of trust. Thank you for your assistance. S, cerely, John osney Stephanie Arries From: Stephanie Arries Sent: Tuesday, July 31, 2007 4:53 PM To: Kim Ogle Subject: CHALLENGER RANCH ISSUE Kim, After I emailed you the first time, I did some checking on ICRIS on the property. I see that that what used to be Challenger Ranch is now Heritage Ranch. So I guess I can see no reason not to release the Deed of Trust for Lot 2 of the original Challenger Ranch, since you probably have whatever collateral you need for this new P.U.D. with the new folks, or there is no need for any collateral - Right?? I would still feel better if you confirm all this for me. Thanks Stephanie 1 Stephanie Arries From: Stephanie Arries Sent: Tuesday, July 31, 2007 3:26 PM To: Kim Ogle Subject: DEED OF TRUST FOR CHALLENGER RANCH PUD Kim, Bruce has asked me to confirm that there is no need of any collateral for the improvements for the above property. Apparently, there was some confusion about 2 deeds of trust on the 5 lots on this property. One was released by resolution in December of 2001. The other- a deed of trust on Lot 2, which was never recorded-is creating issues for the new owner, because the Resolution which approved the deed of trust was recorded. The new owner - Gosney - wants the matter cleared up. Before I prepare the Resolution he is requesting, I just want to be certain that the County does not need anything. Please call me and let me know if Planning has any further need of a deed of trust. Stephanie 1 Stephanie Arries From: Stephanie Arries Sent: Tuesday, July 31, 2007 4:46 PM To: Bruce Barker Subject: BOARD RESOLUTION FOR CHALLENGER RANCH Attachments: BOARD RESO CHALLENGER RANCH COLLATERAL 8-1-07.doc BOARD RESO 1LLENGER RANCH C Bruce, I checked what happened on the transfers, so that I would have the correct information on the Resolution. Turns out, the County never had anything. The banks always had Lot 2 as a part of their Deeds of Trust. I did not say this in the Resolution, however. I said that the collateral is no longer needed as the improvements have been completed. At this time, I do not know if that is true or not. I have an email to Kim on the subject. Otherwise this resolution is complete - subject to your review. Stephanie 1 07/31/2007 17:06 9529742951 JOHN GOSNEY PAGE 02/02 a • `J✓ ✓t4v1 / � )f1 JJJ f ,I D CLERK TO THE BOARD 1 '_ -;," PHONE (970)336-7215, Ext.4225 Ii v ' U1 FAX: (970)352-0242 r J P. O. 60X 758 CI GREELEY, COLORADO 80632 COLORADO August 8, 2002 Albert Challenger P.O. Box 448 Evergreen, Colorado 60437-0448 RE: Improvements Agreement Extension Request Dear Mr. Challenger: Enclosed is Exhibit"B"of tho Improvements Agreement form, as well as your previous submittal as a reference document. Please completl3 the new form and return It to the Clerk to the Board's Office at the address listed above. Also, as a matter of clarification, your letter states the improvements are secured by a Deed of Trust for Lot 1; however, our records indicate we released the Deeds of Trust for Lots 1 and 3-5, and are retaining the Deed of Trust for Lot 2, a copy of which Is enclosed. If you have questions or need additional information. please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, I1.0dU �L'. �. A Esther E. Gesick Deputy Clerk to the Board Iti1 r WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 www.co.weld.co.us WIWEBS1TE:O • PHONE:FAX: (970)352-0242 COLORADO September /6/ , 2007 John Gosney 7401 Longview Circle Chanhassen, Minnesota 55317 Re: Release of Collateral Dear Mr. Gosney: I am enclosing with this letter a signed and recorded copy of the Release of Collateral executed by the Board of County Commissioners of Weld County. I believe that this should address your questions and concerns. However, if you should require anything further, you may call me at 970-356-4000 ext. 4394. Yours truly, ' Stephan' L. Arries Assistant Weld County Attorney Enclosure: Release of Collateral y -°�'re, "o1 de 1e 1 DEED OF TRUST A4� �ss't°Sed'6�e• d V ' c' y THIS DEED OF TRUST, Dated a ,;24-5-- ,2001, between Albert S. t}{�Oa�a�nlo,� herein, whose address is P.O. Box 448,Evergreen, CO 80439 of the County of Jefferson and State Of lora 8y aE thRljPUBLIC TRUSTEE of the County or City and County in which the property described below is sfpg stht Ste of Colorado. e 8 /c'0 C 16 Witness: °d 02 °d e90 The grantor, to secure the obligations of the Debtor pursuant to the Improvements Agreement A 7,0 to P cy .j't Regarding Collateral for Improvements( Publicly Maintained Roads) dated , 200_ recorded a ceptio # NQ of the records of the Weld County Clerk and Recorder as hereinafter referre in the singular as Agreement, for the benefit of the beneficiary herein, Weld County Board of County Commissione , whose address is 915 10`h St ,Greeley Colorado 80631 does hereby grant and convey unto said Public Trustee the fo owing described property, situate in the County of Weld, State of Colorado, to wit: Lot 2 of the Challenger Ranch, a Planned Unit Development recorded at # on , 200 in the records of the Weld County Clerk and Recorder. TO HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, that in case of default in the exercise of said obligations or any part thereof, or in the performance of any covenants hereinafter set forth, then upon the beneficiary filing notice of election and demand for sale, said Public Trustee, after advertising notice of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said county, shall sell said property in the manner provided by law in effect at the time of filing said notice and demand, at public auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale said Trustee shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance, with interest thereon, and pay the principal and interest due on said obligaton, rendering the overplus (if any) unto the grantor; and after the expiration of the time of redemption, said Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale. The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee simple, and that said property is free of encumbrances other than those documents recorded at Reception # 2707959, on 7-20-1999, Reception 4 2818212 on 1-9-2001 and Reception # 2865942, dated 7-16-2001. The grantor also covenants that he will keep all buildings, if any, insured with a company approved by the beneficiary for fire and extended coverage in an amount equal to the unpaid balance of said note with loss payable to the beneficiary, will deliver a copy of the policy to the beneficiary and will pay all taxes and assessments against said property and amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums, taxes or amounts due on prior encumbrance, the beneficiary may pay the same and all amounts shall become additional indebtedness due hereunder, and in case of foreclosure, he will pay an attorney's fee of. Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property, the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder, and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law. It is agreed that in case of default in the agreement or a breach of any of the covenants herein, then possession of said property will thereupon be delivered to the beneficiary, and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property, who may be appointed by any court of competent jurisdiction. Whenever used herein the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs, personal representatives, successors and assigns of the parties hereto. xewted e d2/,g31i/dd7 ear first above written. A'r STATE OF COLORADO ) County of Weld ) ss. I The foregoing instruments was acknowledged before me this 4✓5 day of Ot/Ober, 20CG` by 4ebe;t- s. CC�u.eCc, . ei My commission expires . Witness my hand and official seal. 1Of /o) ZaO0-- RiQ `7� /�� rrE i(?-7 1/1 C(.��c Notary Public t � •. (Z3(- F(z',4t, .!/�4 co, 1O6✓/ 0 r �* �� e ( Address Hello