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HomeMy WebLinkAbout20071917.tiff RESOLUTION RE: APPROVE IMPOSITION OF LIEN FOR NON PAYMENT OF STORMWATER DRAINAGE FEES ON PROPERTY OWNED BY MERINDA S. DEUTCHER 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 Merinda S. Deutcher lies within the County and within the Greeley Service Area Stormwater Utility, and outside of the City of Greeley, and WHEREAS, at this time, Merinda S. Deutcher has wholly failed to pay the fees as billed to her by the City of Greeley, and at this time, the amount of $605.77 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 Board deems it advisable to assess the property of Merinda S. Deutcher described as Lot 7, Block 2, Knaus Subdivision, Third Filing, County of Weld, State of Colorado, also known by street and number as 7404 West 12th Street, Greeley, Colorado 80634. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the amount of $605.77 shall be assessed against the property of Merinda S. Deutcher, described as Lot 7, Block 2, Knaus Subdivision,Third Filing,County of Weld, State of Colorado, also known by street and number as 7404 West 12th Street, Greeley, Colorado 80634, and said amount shall be certified to the Weld County Treasurer for collection pursuant to State law. 2007-1917 EG0056 STORMWATER DRAINAGE FEES - MERINDA S. DEUTCHER 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 WELD COUNTY, COLORADO ATTEST: David E. Long, Chair Weld County Clerk to the Board William H. Jerke, Pro-Tem BY: Deputy Clerk to the Board William F. Garcia APPROVED AS TO FORM: Robert D. Masden County Attorney Douglas Rademacher Date of signature: 2007-1917 EG0056 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET (eicei;ts:>\\ � P.O. BOX 758 GREELEY, CO 80632 IWEBSI ITE: www.coweld.co.us OPHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO Ir' ` 1 1 ' I June 27, 2007 / l , Charles A. Bewley Attorney at Law � ) 370 Seventeenth Street, Suite 4800 Denver, Colorado 80202 - 5698 Re: Borrower: Merinda S. Deutcher Property: 7404 West 12th Street, Greeley, CO Dear Mr. Bewley: The enclosed is provided to you as a courtesy. If you have questions, you may call me at 970-356-4000 ext 4394. Yours truly, 7 i Ass stant Weld County Attorney O-7 /917 a WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 IWEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 CFAX: (970) 352-0242 COLORADO June 21, 2007 Merinda S. Deutcher 7404 West 12th Street Greeley, CO 80634 RE: Nonpayment of Stormwater Fees Account No: 900-817158-0 Dear Ms. Deutcher: 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 $605.77. 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, Ica/ � Stephanie L. Arries Assistant Weld County Attorney pc: C. A. Bewley 0 07 - 630 NOTICE OF ELECTION AND DEMAND FOR SALE BY PUBLIC TRUSTEE TO: The Public Trustee Of Weld County, Colorado: WHEREAS, on July 16,2004,Merinda S.Deutcher,by a deed of trust recorded on July 22, 2004,as Reception No.3201403 in the records of Weld County,Colorado,to secure to Decision One Mortgage Company, LLC the payment of a promissory note of even date therewith for the original principal sum of $208,000.00 as provided in said deed of trust, conveyed to you as said Public Trustee the following described real property situate in said Weld County, Colorado, to wit: Lot 7,Block 2, Knaus Subdivision, Third Filing, County of Weld, State of Colorado Also known as street and number: 7404 West 12th Street,Greeley, Colorado 80634 Said real property is all of the real property currently encumbered by the lien of the deed of trust, however, property other than the real property described above, including, but not limited to, personal property, may be encumbered by the deed of trust. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. AND WHEREAS the covenants of said deed of trust have been violated as follows: Default has been made in installment due December 1,2006 and subsequent installments;principal balance due$201,910.39, plus interest. THEREFORE, you hereby are notified that the undersigned, as legal holder of the indebtedness secured by said deed of trust,declares a violation of the covenants of said deed of trust and elects to advertise the property therein described for sale,and hereby demands that you as Public Trustee named in said deed of trust give notice, advertise for sale, and sell said property for the purpose of paying the indebtedness thereby secured and the expense of making such sale, all as provided by law and the terms of said deed of trust. DATED: March 20, 2007 LaSalle Bank National Association, as Trustee for certificateholders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-HE1l CBy: Charles A. Bewley,Reg. #1041 370 Seventeenth Street, Suite 4800 Denver, Colorado 80202-5698 (303) 825-0800 HADOCSCLEENTWORECLOS\DATA07-0471a-c(dkc03/20/07) 111111111111 MI NH III HO EMI III 11111 HIP III! 3466321 04/03/2007 03:26P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder AH2164252 - B 1218 REC 02164252 12/06/88 15:59 $3.00 1/001 - F 0503 MARY ANN FEUERSTEIN CLERK 5 RECORDER WELD CO, CO -`Warrarj. Deed.� THIS DEED is a conveyance of the real property described below,including any Improvements and other appurtenances(the "property")from the Individual(s),Corporation Is),pannership(s).Or otherentityfies)named below as GRANTOR to theindivldual(,) or enfityfies)named below as GRANTEE. The GRANTOR hereby sells 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 tar the year of this deed,which the GRANTEE will pay(21 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,and(61 any additional matters shown below under'Additional Warranty Exceptions". The Specific Terms of This Deed Are: Grantor: (Give namets)and placeta)of residence:if the soouse of the owner-gram or u joining in this Deed to release Fomeetew rights.identify grantors as hut bend and wile) RUTH L. BUCK Grantee: (Give nominal and adoresslesl:statement el address.including avallabte road or street number,it required) DWAYNE DEUTCHER, JR. AND MERINDA S. DEUTCHER 7404 W. 12TH ST. GREELEY CO 80634 Form of Co-Owners hip: Of mere are two or more gramme named,they will be considered to lake ea tenants in common unlest the words"in joml tenancy"or words Of Pie tame meaning are added in the space below) JOINT TENANTS Property Description: (Include county and stale) State 7nf An LOT 7, BLOCK 2, Date.x lF�' 7,9/9A,F KNAUS SUBDIVISION THIRD FILING, y 9 efo WELD COUNTY, COLORADO. nC Property Address: 7404 W. 12TH STREET Consideration: IThGREE E old dollar amount to BG63mal:adequate consideration for deed will be presumed unlessteh cone nB0 idsntmm as n pat mencros V I. any Cabe ton conveyance n absolute.boat and unconditional., NINETY EIGHT THOUSAND AND 00/10D Reseryations•Reslrictfons: in no GRANTOR intends to reserve any mairtll in me properly or to convey less than heowns.or it the GRANTOR is restricting the GRANTEE'S right in Inc properly.make appropriate indication I N n c Additional Warranty Exceptions: pnclvde deeds of trust berg assumed and other matters not covered shore I m Erecmed oy me Grantor on DRr•FMRFR S 'MA .t9 Signature Gime for Corporation.PninMSMp or AateCitlbn: Signature Clouse for Mdivieualfs): Name Of Grantor Corpoation,Partneranip or Association Grantor RUTH L. BUCK By Gramm Attest Granter STATE OF COLORADO 1 COUNTY OF WELD The feregmng instrument was acknowledges wore me tiers 5th day of DECEMBER ,19 88 By' RUTH L. BUCK 12981-2 ��, ��^��^,,a111 WITNESS myhand and ADM -/jyyypr ry MY cd�,myApWbn„AIM: "" '• yp ll(�����_ ATgqtw;Vc E...��cp s- �)11"I rly Notary Public $otS,N�� (�D_rFe 1221 8TH AVE., GREELEY, CO. Tne.4okgdlne IAaIttent will acknowledged Peters me this day of .19 BBfr" r. .... inYneigdei deiGeapl{t(g6ril Grantor is Corporation,Parutennip ter/woclation,then identify signers as president or vicepresident end secretary or %a9iteCI naccetary Le00.Wation:or as pannerlsl of pannersnip:or as authorised member(s)oI assochnon) wITNESemyewtreO e''ouiclei sea. MY CPn+MWMAfpMa: Notary Public e lett UPDATE LEGAL FORMS ^ NO.201 P.O. MI5.Greeley.Colorado dews MOM, 1o.5a-ww fig .. 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Z A°Rise raallt.P.liq tv I DATE ISSUED � . t §1 / WINDY- JOSEPH D.WI 4 you, MAR 1^ �s9%6 STATE REGISTRAR t v • Do not accept unless prepared on security paper with engraved border displaying the Colorado state • n.s Dee seal and signature of the Registrar.PENALTY BY LAW,Section 25-2-118,Colorado Revised -� Statutes,1982,if any person alter,uses.attempts to use or furnishes to another for deceptive use any P yet vital statistics record NOT VALID IF PHOTOCOPIED.T, ��smpJMl,t •g _. . ____._ Mr m us P z bl"1L x dxyE 7. .-- .. / AhY At rHAT..N OIEHASl1nF V`(1if) 1114 CL RT.FiCFI F/ Hello