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Home My WebLink About20071918.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING IMPOSITION OF LIEN FOR NON PAYMENT OF STORMWATER DRAIN FEES ON PROPERTY 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 Article VII of Chapter 8 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,this 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, at this time, Kimberly and Michael Marick, Jr., have wholly failed to pay the fees, as billed to them by the City of Greeley, and at this time, the amount of$1,099.25 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, after review, the Chairman called for a motion to approve the imposition of an assessment against the property of Kimberly and Michael Marick, Jr., described as Lot 8 of the NW1/4 of the SE1/4 of Section 10, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. According to the Subdivision of Lands by 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 SE1/4 of Section 10, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado, also known by street and number as 2205 East 18th Street, Greeley, Colorado 80631, no motion was made and the question failed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that by virtue of no motion being made for the imposition of an assessment against the above-described property of Kimberly and Michael Marick,Jr.,the question failed and, as a result, no such assessment shall be made. 2007-1918 EG0056 : Ac) PL, c 4 0544107 RE: ASSESSMENT OF STORMWATER DRAIN FEES-KIMBERLYAND MICHAEL MARICK,JR. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 9th day of July, A.D., 2007. BOARD OF COUNTY COMMISSIONERS �J fLWEL OUNTY, COLORADO ATTEST: (�,e/� �� (rJ �� """� - i_a id E. Long, Chair / Weld County Clerk to the B.e . _IP BY: an � dliam H. Jerke, Pro-Tem Dep Cler o the r RECUSED Will Garcia APP D RM: W, —2 Robert D. Masden unty Attorney j c\ Mcar.AA�� I Douglat Rademache Date of signature: 7'10-1 2007-1918 EG0056 b� WELD COUNTY ATTORNEY'S OFFICE reece 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 at )( \O' June 27, 2007 , '_� "�. .. Castle, Meinhold & Stawiarski, LLC ‘j%\c) i Attorneys at Law R l n , 999 18th Street, Suite 201 ' L Denver, Colorado 80202 �,\U v 1!. Re: Borrower: Marick Property: 2205 E. 18th 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. Your truly, Assi tant Weld County Attorney 6 oo7-191P a WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 win WEBSITE: www.co.weld.co.us O PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO June 21, 2007 Kimberly and Michael Marick, Jr. 2205 E. 18th Street Greeley, CO 80631 RE: Nonpayment of Stormwater Fees Account No: 900-817195-0 Dear Mr. and Mrs. Marick: In September of 2006, and in February of this year, this office wrote to you with regard to your failure to pay your stormwater utility account. To date, that failure has not been corrected. The previous letters instructed you as to the actions which can be taken to enforce payment of the obligation. The lien described in the previous letter has not yet been placed against your property. The letter also explained that a lawsuit could be instituted against you. It has been the decision of this office to proceed with judicial action against anyone who fails to pay this charge. It has been determined that this matter shall be brought before the Board of County Commissioners of Weld County, for the purpose of asking the Board to impose a lien against your property for the balance owed on your Stormwater Fees. This meeting will be held on the 9` day of July, 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. As of the date of this letter, the amount you owe is $1099.25. If you wish 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. Your truly, gteppanie Assistant Weld County Attorney pc: Castle, Meinhold& Stawiarski, LLC • 3Ai 1111111 11111 11111 1111111 III II1111111 III 11111 1111 IIII 1 0101 2 4141,,6343361D D 0.� Stevs Moreno Clerk 6 Recorder NOTICE OF ELECTION AND DEMAND FOR SALE BY PUBLIC MIDSIZE 07-65O No. TO THE PUBLIC TRUSTEE IN THE COUNTY OF WELD,COLORADO Pursuant to the tams of the Deed of Trust described as follows: Orson*(Borrower): Michael D Marick Jr.and Kimberly I.Merrick Original Beneficiary: Mortgage Electronic Registration Systems,Inc.,as nominee for America's Wholesale Leader Current Owner of the Evidence of Debt Countrywide Home Loans,Inc, Date of Deed of Trust: November 19,2002 Receding Date of Deed of Trust: November 27,2002 Original Principal Amount of Evidence of Debt: S180,000.00 Outstanding Principal Amount of Evidence of Debt as of the date hereof: $169,931.10 County of Recording: Weld Book and Page No.or Reception No.of Recorded Deed of Trust at Reception No.3009447 Legal Description of Real Property: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE WHICH HAS THE ADDRESS OF 2205E 18th St Greeley,CO 80631 THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. THE LIEN FORECLOSED MAY NOT BE A FIRST put The covenants of said Deed of Trust have been violated as follows: Failure to pay payments of principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations of the tams thereof. The undersigned therefore declares a violation of the covenants of said Deed of Trust. Dad is hereby made that you as Public Trustee named in paid Deed of Trust,give notice,advertise for sale and sell said property for the purpose of paying all or part of the indebtedness thereby secured end the expense of making said sale,all as provided by law and the tams of said Deed of Trust CASTLE MEINHOLD dk STAWIARSICL LLC IS ACING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE Dated: March 12.2007. COUNTRYWIDE HOME LOANS,INC. Owner of the Evidence of Debt,as the term"Owner" is defined in C.R.S.38-38-101(2) By: Castle Meinhold d Stawiareki,LLC Anorn, for Owner of Evidence of Debt By: Attdmrys a . Reg.No.//74,0 999 1 - Suite 2201 Dave credo 80202 (303) 865.1480 Maridr 107-03589 CONY I 11111!IIIIIMIIIIIIMIIIIIIII111111IIIIIIIIIviii/III 3466341 04/03/2007 03:26P Weld County,Co 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder Exhibit A Lot 8 of the NW%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 SEX of Section 10,Township 5 North,Range 65 West of the 6th P.M. B 1350 REC 02302862 09/08/92 16:19 $5.00 1/001 AR2302,962 F 1124 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO eQ 94'arrarieDeed S� THIS DEED is a conveyance of the real properly described below,including any improvements end other appurtenances(the "property)from the Individualist,corporationis),partnership(s),orotherentlty(ies)named below as GRANTOR to the individual(s) or entlty(ies)named below as GRANTEE. The GRANTOR hereby sails and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,end(6)any additional matters shown below under"Additional Warranty Exceptions-. The Specific Terms el-This Deed Art Grantor (Give name(s)and placels)01 residence,if the Spouse el theowner-grantor Istolning In this Deed to release homestead rights,identify grantors as husband and wile.l ALICE M. WARDEN 2113 E. 18TH STREET Greeley, CO 80631 Grams*: (Give nemets)end addrealesl:statement of address.Including available road or street number,is regulred.) KIDEERLY L. MARICK and MICHAEL D. MARICK, JR. 2205 E. 18th Street D F• Greeley, CO 80631 1.5D Form Oa Co-Ownership: ill there are two or more grantee,named,they will be considered to take is tenants in common unless the words vin lain tenancy"or words of the same meaning are added In the space below.) Joint Tenants Properly Description: (Include county and stale.) Lot 8 of the NW 1/4 of the SE 1/4 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, Weld County, Colorado, together with perpetual access easement over the Southerly 20 feet of Lot 7 of the NA of the SE'y of Section 10, Township 5 North, Range 65 West of the 6th P.M. STATE DOCUMENT RY FEE Date 9 91c Properly Address: 2205 E. 18th Street, Greeley, CO _ Consideration: (The statement el a dollar amount Is optional:adequate consideration for this deed will be presumed unless this conveyance is identified es a gift:In any case this conveyance Is absolute,final and uncondlllonnld SEVENTY FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00) Reservations-Restrictions: pl the GRANTOR intends to reserve any interest In the Property or toconveylessthan he owns.or if the GRANTOR is restricting the GRANTEE'S right in the property,make apprceriate indlcaumJ n n 0 o. Additionsi Warranty Exceptions: Endues deeds of trust being assumed and other mallets not covered abased EXCEPT general taxes for 1992 and subsequent years, and EXCEPT any easements, reservations, restrictions and rights of way, visible or of record; and subject 3 to building and zoning regulations. 0 Executed by the Grantor on September 4 .I9 92 sgnatura cues.for earporaaen,Ppinenatp or Assoctellen: Signature Claus for Indhldual(n): . AtaA Name of Grantor: Coteoratlon,Partnership or Association Alice M. Warden Grantor By Grantor By Attest Grantor STATE OF COLORADO COUNTY OF. Weld The foregoing'instrument was acknowledged before me the 4th day of September •to 92 By• Alice M Walden \I wiTNEBB Y h rib dgnicp 'l seal. ",AA �i�/l a7 a MY....,0rte Dfo, 0/16/95 a Nolan A•T STE-OF•ti," ) es. 918 11 Av., Grey, 0080631 • cotWryoF;; Th ionalp, (6� )p0 _ }fhrr s ednotwedged before me nap dayN 10 ("nY+gt'ecieta Gel eino�o ,or apkO0rponoon.rarMpsMo toa hori memoir(*) signerseenti naldpOtOrvlce president eMaMsleryol lesl,tennFRMnry,�01�CN W ra110n:or as Pennenal pl ppmennle:or e,authorized rinmbH(N of afeoClemon.l WITNESS my hand and official seal. My chum Sion espies.: Nolaey Public *teal UPDATE LaOAL FORMS NO.xpt P.O.Boxse ISIS Lela••Greeley, Colander 906]3 LOOT a-raga WELD COUNTY ATTORNEY'S OFFICE f L. 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 Wine WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO June 21, 2007 Kimberly and Michael Marick, Jr. 2205 E. 18th Street Greeley, CO 80631 RE: Nonpayment of Stormwater Fees Account No: 900-817195-0 Dear Mr. and Mrs. Marick: In September of 2006, and in February of this year,this office wrote to you with regard to your failure to pay your stormwater utility account. To date, that failure has not been corrected. The previous letters instructed you as to the actions which can be taken to enforce payment of the obligation. The lien described in the previous letter has not yet been placed against your property. The letter also explained that a lawsuit could be instituted against you. It has been the decision of this office to proceed with judicial action against anyone who fails to pay this charge. It has been determined that this matter shall be brought before the Board of County Commissioners of Weld County, for the purpose of asking the Board to impose a lien against your proerty for the balance owed on your Stormwater Fees. This meeting will be held on the 9` day of July, 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. As of the date of this letter, the amount you owe is $1099.25. If you wish to resolve this matter prior to the Board meeting, a check payable to Weld County may be sent to P.O. Box 758, Greeley, Colorado 80632. Yours truly, Step L.' es Assistant Weld County Attorney pc: Castle, Meinhold & Stawiarski, LLC j o 11 ; »° @° \ k § 7 iilic\ ®~ ) / \ D, 1 \ 0 10 \ - \ 7 2U WO I - ^ ° o »_ e 9 n -: _ ZQz - @ oa - \ � w " 2 7 7 7 /j ; c � ; g :, 0H A$ \ . �- L2° : / kn a� \ \ a ( \ - \ 2 t i � a / i \- \ > m2 \ 6t N = os 0, ERE t' » O 2\ 0\ \ di H § rN 3 eel \ } /\ 0NU e / z \ o �% ��f I@aillo Hello