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HomeMy WebLinkAbout20062711 • 273 RESOLUTION RE: APPROVE CANCELLATIONANDRELEASEOFCOLLATERALFOR USE BYSPECIAL REVIEW#1493 - COPART, INC. 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 March 30, 2005, the Board approved the application of Copart Inc.,do Stephan Brancucci, 3571 West 111th Drive, Unit B,Westminster,Colorado 80031, for a Commercial Junkyard and Salvage Yard in the 1-3 (Industrial)Zone District on the following described real estate, to wit: Part of the NE1/4 SE1/4 of Lot B of Recorded Exemption#3932; being part of Section 30,Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on March 1, 2006, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,and Copart, Inc.,with terms and conditions being as stated in said agreement, and accepted Cashier's Check#9494003295 from Bank of America, in the amount of $19,025.00, and WHEREAS,it has been determined by the Board that the collateral being held by Weld County is no longer necessary to secure said Improvements Agreement According to Policy Regarding Collateral for Improvements for Copart Inc., do Stephan Brancucci, and WHEREAS,staff from the Weld County Department of Planning Services has conducted a visual inspection and recommends release of said collateral. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that Cashier's Check#9494003295, drawn on Bank of America, in the amount of$19,025.00 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. 1111111111111111111111111111 III 1111111 III 1111 3430273 10/26/2006 02:54P Weld County, CO 2006-2711 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder PL1769 '. rIC—O>3'3 a, . CANCEL COLLATERAL - COPART INC., CIO STEPHAN BRANCUCCI PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 27th day of September, A.D., 2006. BOARD OF C NTY COMMISSIONERS 1 E lb a WELD COU , COLORADO ATTEST: l �nw„7_��� I - M. eile, Chair Weld County Clerk to the rd , yF��.. Gam, David E. Long, Pro-Tem BY: (L!L Depu Clerk the Board r/ W m . Jerke APP V AS TO F : Robert D. Ma en u tyAttorney �� Glenn Vaad Date of signature: IC/1(°1OC' 111111111111111111111111 NEE 1111111 III 111111111 IIII 2006-2711 3430273 10/26/2006 02:54P Weld County, CO PL1769 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder MEMORANDUM 111('1:61^ 1 TO: Board of County Commissioners September 21, 2006 winkFROM: Jacqueline Hatch COLORADO SUBJECT: USR-1493, Stephan Brancucci - Copart The applicant's representative for USR-1493, Glen Droegemueller has submitted the attached letter dated September 14, 2006. The applicant is requesting a full release of collateral for fencing. The Department of Planning Services conducted a site visit for compliance and finds that the fencing is in compliance with the recorded plat. The Use by Special Review USR-1493 was accepted by the Board of County Commissioners on March 30, 2005. Staff is recommending that the request for release of collateral for nineteen thousand and twenty five dollars ($19,025.00) be approved at this time since the fencing installed meets the Weld County Code and the recorded USR-1493 plat. Thank you az /2‘-- 2006-2711 GLEN DROEGENUELLER Attornyr at Law qlen@qlendroegemueller.com Via E-mail September 14, 2006 Jacqueline Hatch Weld County Department of Planning Services 918 10`h St. Greeley, CO 80631 Re: USR 1493 Dear Jacqueline: On March 1, 2006,the Board of County Commissioners adopted a resolution accepting a cashier's check from Copart, Inc., in the amount of$19,025.00 as collateral for the construction of fencing in the northeast corner of the Copart property in the event that the amended USR application was not approved by Weld County. As you will recall Copart, Inc., had constructed a fence farther to the east on the boundary line of the property it had acquired subsequent to the original USR approval. The purpose of the collateral was to provide funds to Weld County which would allow a fence to be built on the original boundary line of USR 1493 if the amended USR was not approved by Weld County. On September 13, 2006, the amended USR 1493 was approved by the Board of Commissioners. I believe the purpose for the Improvements Agreement and Weld County's retention of $19,025.00 has been eliminated by the approval of the amended USR 1493. Accordingly, I am asking on behalf of Copart, Inc., that Weld County release the sum of$19,025.00 to my client. Please make the check payable to Copart, Inc. Please advise me when the check has been prepared and I will make arrangements to appear at the office of the Clerk to the Board of the Commissioners to pick the check up for delivery to my client. Thank you for your anticipated cooperation in this matter. Sinc rely yours, I Iea oD G n Droegem 1 e�r" -- — GD:Ic pc: Copart, Inc. 1035 37`'Avenue Court,Greeley,Colorado 80634 Telephone: (970)304-0362 Fax: (970)353-4040 CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4225 ' FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO October 9, 2006 COPART, INC. C/O STEPHAN BRANCUCCI 3571 WEST 111TH DRIVE, UNIT B WESTMINSTER CO 80031 RE: Cancellation and release of Collateral To Whom It May Concern: On September 27, 2006, the Board of County Commissioners approved the cancellation and release of collateral for USR#1493, in the amount of$19,025.00, as referenced above. Enclosed is the Weld County Warrant, in the amount of$19,025.00. I will forward a copy of the signed and recorded Resolution to you as soon as it has been signed by the Board of County Commissioners 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: /d Donna J. Be er Deputy Clerk to the Board -- al Ce foce.s- / 0 ‘ MUR1RnUMBER 32(2628 :INVOICE NUMBER INVOICE: INVOICE DISCOUNT OE ADDITIONAL NET OE REFERENCE DATE AMOUNT DEDUCTIONS AMOUNT AMOUNT 2006-2711 10/02/06 19,025.00 .0O .00 19,025.00 y REMOVE DOCUMENT ALONG THIS PERFORATION ..r 26 w. N X 6A. s" £ x 'l _� �.a pv 3 a uw r yrm,W`2026 l o Of .�. N V Ih F ., 44;3? s : P.O.a, O `x C R w"+y'OAI®IB�IpAeGB� �is APP Op4,i4s IynR,„:74o � _Ii N um� K `se. r O r �" NPa' ISJ, 'IF#MRaA °O + II. �� . s I.X ry i If RCEPAYfl E iw ° Y��, +�4 k p� n , PAk E.ik',25 0 L) ;✓: �r Md Ir�'� W � Wvl � �. 4 ., � iry .L P***����S� �"',5 O m„FP IFveDd ��r:4aiwcmr 'SAnt}0Y0b/fir vom FNorrA vRasonA s 8 W SPAY TIlTHE ORDF,4i OF N w° o� �io�R nor ��Ip��p�� ,`JF �•.� �� COPRT II+IC n �+ �(. +" ° ! Cn AMA a lADC CCI awegs `q .W.:.�S.T III,.1,�.x ++4]NISTERwCO80031 "�II {� : �I A �`� t r tl ui ` �n I►ULi�<! �, av .cv s..w^;a .e..x�a.m.. a.♦ah o:..... as . a S'rw C MCFT Fe Ro g II' 3 20 26 280' I: 10 2 1009 181: 80 L 2 7008480• .'co 6 - 7// CLERK TO THE BOARD ' PHONE (970) 336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 COLORADO November 15, 2006 COPART, INC CIO STEPHAN BRANCUCCI 3571 WEST 111TH DRIVE, UNIT B WESTMINSTER CO 80031 RE: Cancellation and release of Collateral To Whom It May Concern: On September 27, 2006, the Board of County Commissioners approved the cancellation and release of collateral for USR#1493, in the amount of$19,025.00. On October 10, 2006, a Weld County Warrant, in the amount of$19,025.00 was picked up by Glen Droegemueller. At that time I did not have a recorded copy of the Resolution signed by the Weld County Commissioners, and stated that I would send you a copy as soon as I received it back from the Recording Department. I am enclosing that copy at this time. If you have questions or need additional information, please do not hesitate to contact me at(970) 356-4000, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By:%$-�1/OA , , 2Cliea,Lj Donna J. BeckfCr Deputy Clerk to the Board Hello