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HomeMy WebLinkAbout20050347.tiff 10 RESOLUTION RE: APPROVE PARTIAL CANCELLATION AND RELEASE OF COLLATERAL FOR PUD FINAL PLAT, PF #1035 - RED BARON DEVELOPMENT, LLC 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 June 3, 2004, the Board approved the application of Red Baron Development, LLC, 6900 Weld County Road 39, Fort Lupton, Colorado 80621, for a Final Plat for a PUD Change of Zone from A (Agricultural) to PUD for seven lots with Estate Zone Uses, along with a 79.71-acre and a 5.36-acre agricultural lot on the following described real estate, to wit: E1/2 E1/2 NE1/4 Section 4, Township 1 North; part of the SE1/4 of Section 30 and part of the E1/2 E1/2 of Section 31, Township 2 North; all in Range 65 West of 6th P.M., Weld County, Colorado, and WHEREAS, on June 16, 2004, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) for Red Baron Estates and an Agreement for Improvements for Weld County Road 39 Stabilization for Dust Control, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Red Baron Development, LLC with terms and conditions being as stated in said agreements, and accepted Escrow Agreements, with Security Title Guaranty Company, 720 Bridge Street, Brighton, Colorado 80601, and WHEREAS, on November 1, 2004, by Resolution #2004-3169, the Board did cancel and release collateral, in the amount of$192,380.00, with a balance remaining in the Escrow Account of$50,314.00, and WHEREAS, staff from the Weld County Department of Public Works has conducted a visual inspection and recommends release of a portion of said collateral, in the amount of $33,484.00, as listed on the attached Memorandum dated January 27, 2005, from Sheri Lockman, Department of Planning Services, marked Exhibit "A", and WHEREAS, the Board deems it advisable to release said portion of collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a portion of the collateral held by the above described Escrow Agreement with Security Title Guaranty Company, in the total amount of$33,484.00 be, and hereby is, canceled and released. I Hill 1111111 Mtil Ell IIIIII IIIIJ) J 3 Cler CD PL1706 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk CO& Recorder yI a Pr : PL F1 jcud- 3-o 9 or" CANCEL COLLATERAL - RED BARON DEVELOPMENT, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to notify Security Title Guaranty Company of the release of collateral, in the amount of$33,484.00, to be paid to those vendors and in the amounts listed on Exhibit "A". The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of January, A.D., 2005. Iata� BOARD OF COUNTY COMMISSIONERS ,,$ EL a.. WELD COUNTY, COLORADO '4 • -` �0 ' �Ne William H. Jerke, Chair \\J®QI•4 • C �, lerk to the Board N �I EX USED M. eile, Pro-Tern BY: ' 111th % 16,2070 2 Deputy Clerdl{o the Board car D •d . ong AP RO D AS -CORM: Robert D. Mas en at Attorney � Glenn Vaad 44 Date of signature: ��5 I1111111111111111311111111111121111111111 111111111111 IIII 11111111111 III 11111 IIII IIII 2 of 3265110 11:07A County, CO 3 R 0.00 0 0.00 Steve Moreno Clerk PL1707 & Recorder 200 706 #160cfs: MEMORANDUM es,A TO: Board of County Commissioners COLORADO DATE: January 272005 FROM: Sheri Loc�Cman, Planner II SUBJECT: Release of Collateral Red Baron PUD Case Number PF-1035 Morris Quick/Mark Holiday The Departments of Planning Services and Public Works have reviewed the request for a partial release of collateral for Red Baron Estates PUD. The request for release of collateral is for the following improvements: Street Base $ 22,656. Retention Ponds $ 10,828. Total $ 33,484. The Department of Public Works is satisfied with the required improvements for Red Baron Estates PUD and has requested the release of collateral. r, r.i 11111111111111111 MEIN 1111111111 I I 1111111111 I I I I 3265110 03/03/2005 11:07A Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorders — L/ 7 Page 1 of 1 Sheri Lockman From: Peter Schei Sent: Wednesday, January 26, 2005 11:38 AM To: Sheri Lockman; Kim Ogle Cc: Marilyn Taylor; Ted Eyl Subject: PF-1035 Red Baron Estates PUD Good Morning, Sheri: Public Works is satisfied with the required improvements for Red Baron Estates PUD of which all are completed. Please schedule the release of collateral being held associated with Public Works' on-site improvements for this development. The applicant's engineer has submitted an electronic pdf file of As-Built Plans to our office. A hardcopy is anticipated shortly. Thank you for your help. Have a nice day, Peter. Peter SCHEI, P.E., N.S.P.E. Public Works Department Weld County pschei@co.weld.co.us 01/27/2005 FROM : >000000 PHONE NO. : 3035360300 Dec. 29 2004 03:3791 Pt RED BARON ESTATES FORT LUPTON,COL oRADO 80821 3033364380 December 29,2004 Ms. Sheri Lockman Weld County Department of Planning Services 918 10th St. Greeley,CO 80631 RE: Red Baron Estates—PZ 1035 Dear Ms. Lockman: This letter will request action for the release of escrow funds for several internal improvements completed to date for Red Baron Estates. Referring to the Improvements Agreement dated April 5,2004,the following line items have been completed and inspected by Ted Eyle of the Weld County Public Works Department. 1) Street Base(estimated cost: $22,656) Both WCR 39 with culdesac and Parks Lane with culdesac have been completed in accordance with material specifications as outlined by Weld County Public Works Department. Payment for the street base should be directed to: KDK Trucking,LLC 7740 Darvey Lane Longmont,CO 80504 2) Retention Ponds for 7 lots(estimated cost $10,828) The retention ponds for the residential lots have been completed in accordance with drainage plans designed by High Plains Engineering. Payment for the street base should be directed to: KDK Trucking,LLC 7740 Darvey Lane Longmont,CO 80504 Poet-le Fax Note 7671 Date 1.2/2/ I 'g Y°Ca,ec G Na. d�'/p/_`� 1"" .8a of o..eon Aa Co• E5 f c(.!O Phone* 7 Phew 0 '�•91)o-252 — Debra FROM : >000000 PHONE NO. : 3035360380 Dec. 29 2004 03:38PM P2 It is my understanding that following approval and sign off for the completed improvements,a request for payment will be presented to the Board of County Commissioners. Following their approval,Ms. Carol Harding in the Weld County Finance Department will then authorize Security Title Guaranty Company of Brighton, Colorado to release the available fiords for payment to the parties listed above. Thank you for your prompt attention to this request. Please feel free to call me with any questions. Sincerely, 47a-4-/4/1) 7a&. Marilyn Taylor Authorized Agent/Red Baron Estates cc: Don Carroll-Weld County Public Works Department Carol Harding-Weld County Finance Department Jim Clement-Security Title Guaranty Company es r CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 IIIIIDFAX: (970)352-0242 P. O. BOX 758 O GREELEY, COLORADO 80632 • COLORADO March 25, 2005 Red Baron Development, LLC Attn: Marilyn Taylor 7507 Weld County Road 39 Fort Lupton, Colorado 80621 RE: Cancellation and Release of Collateral - PUD Final Plat, PF#1035 To Whom It May Concern: Attached hereto please find a copy of the Board of County Commissioner's Resolution approving the partial cancellation and release of the above listed collateral. The Resolution was also faxed to Security Title Guaranty Company on February 14, 2005. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4226. Very truly yours, BOARD` OF COUNTY COMMISSIONERS By:�� Esther E. Gesick, Deputy Clerk to the Board CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 wipe FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO March 17, 2005 Security Title Guaranty Company Attn: Brenda 720 Bridge Street Brighton, Colorado 80601 RE: Cancellation and Release of Collateral - PUD Final Plat, PF #1035 To Whom It May Concern: Attached hereto please find a recorded copy of the Board of County Commissioner's Resolution approving the partial cancellation and release of the above listed collateral. The Resolution and corresponding documentation was also faxed to Security Title Guaranty Company on February 14, 2005. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4226. Very truly yours, BOARD �OF COUNTY COMMISSIONERS By: (.�2e tiv .%CL,z/,„cx Esther E. Gesick, Deputy Clerk to the Board P. 01 * TRANSACTION REPORT FEB-14-2005 MON 01 :35 PM * FOR: WELD CO GOVT 9703520242 x * DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP * x x * FEB-14 01 :33 PM 913036598846 1' 43" 7 SEND OK 329 * X t x x TOTAL : 1M 43S PAGES: 7 x * x *****YXXXYY***** Mc****Xt:XYYXXXXXX****KYXttYtYX*t***** *********YXYXXX**** ******n******* *********K tiAttaza FAX TRANSMISSION ape WELD COUNTY COLO ADO CLERK TO THE BOARD Fax: 970-352-0242 Phone: 970-356-4000, ext.4227 To: Brenda- Security Title Date: February 14,2005 Fax: 303-659-8846 Pages: 7(includes cover) Phone: From: Donna Clerk to the Board Subject; Collateral/Red Baron Development Hello