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HomeMy WebLinkAbout20051425.tiff 1� RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAN, 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 Department of Planning Services approved the application of Red Baron Development,LLC,6900 Weld County Road 39,Fort Lupton, Colorado 80621,for a Planned Unit Development Final Plan, PF#1035,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, on January 31, 2005, by Resolution #2005-0347, the Board did cancel and release collateral,in the amount of$33,484.00,with a balance remaining in the Escrow Account of $16,830.00, and WHEREAS,staff from the Weld County Department of Public Works has conducted a visual inspection and recommends release of the balance of said collateral,in the amount of$16,830.00, as listed on the attached Memorandum dated May 4, 2005,from Sheri Lockman, Department of Planning Services, marked Exhibit"A", and WHEREAS, the Board deems it advisable to release the remaining collateral. 111111111111111111111111111111111111111 III 11111 IIII IIII 2005-1425 3286133 05/16/2005 11:29A Weld County, CO PL1706 1 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder //�� (° : /"L fl(cu) OS-(4-,OS CANCEL COLLATERAL - RED BARON DEVELOPMENT, LLC PAGE 2 NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the balance of the collateral held by the above described Escrow Agreement with Security Title Guaranty Company,in the total amount of$16,830.00 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 notify Security Title Guaranty Company of the release of collateral, in the amount of $16,830.00 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 9th day of May, A.D., 2005. ]E j(,a�i, BOARD OF COUNTY COMMISSIONERS �/qqq WELD COUNTY, COLORADO 1861 � % �. /�/ 44 William H. J e, Chair r .�o4ty Clerk to the Board Okril BY: 4-4 est 44/-- - Deputy Clerk to the Board Da ' E ong APP AS T Rob . Masden ounty Attorney 2.Q.1,r.C_V Glenn Vaad Date of signature: ��/O-/C5— AEI NNW l\III dVIII VIII %\Ll\uIII III III\\U\ 2005 1425 I 3266133 051161 2 of O51161"t150 0 .00 Steve Moreno Clerk& PL1706 At �{ MEMORANDUM II TO: Board of County Commissioners COLORADO DATE: May 4, 2005 5J FROM: Sheri Lockman, 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 release of collateral for Red Baron Estates PUD. The request for release of collateral is for the following improvements: Fire Cistern $ 16,500. Street Signs $ 330. Total $ 16,830. The Departments of Public Works and Planning Services are satisfied with the required improvements for Red Baron Estates PUD and has requested the release of all remaining collateral. AIM 0111 11111 111 11111 1131 11111 III 111111111 IIII 3286133 05/16/2005 11:29A Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder MEMORANDUM TO: Peter Schei DATE: 3/2/05 FROM: Ted Eyl SUBJECT: Release of Escrow Funds Red Barron Estates On March 2, 2005 I did an inspection at the Red Barron Estates Sub Division. The road signs were up, both the stop sign and the road name sign. Also, the fire cistern has been installed. Escrow funds for this work can be released. Hudson Fire Protection District P.O. Box 7 Hudson, Colorado 80642 25 April 2005 Sheri Lockman, Planner Weld County Planning and Building Department 918 10th Street Greeley, CO 80631 VIA E-Mail Re: Red Barron Estates Cistern Dear Sheri: We believe the water supply for fire protection concerns at the Red Barron Estates Development have been met. We inspected and flow tested the cistern and it meets our requirements. Please be advised that requirements for individual structures will still need to be met. Specifically, fire protection systems for hangers and attached dwellings may be required as specified in the County's Building Code. Please do not hesitate to contact me at(303)413-9514 or kev@fire-department.com, if you require additional information or have any questions. Sincerely, Kevin R. Klein Fire Marshal cc: Dino Ross, Esq., Ireland, Stapleton, Pryor& Pascoe, P.C. RED BARON ESTATES FORT LUPTON, COLORADO 80621 303-536-0380 May 2, 2005 Ms. Sheri Lockman FAX: 970-304-6498 Weld County Department of Planning Services 918 10th St. Greeley, CO 80631 RE: Red Baron Estates—PZ 1035 Dear Ms. Lockman: We have finally received final approval for the fire cistern, per the attached email from Kevin Klein, Fire Marshall. This letter will request action for the release of all remaining escrow funds accordingly. Referring to the Improvements Agreement dated April 5, 2004, the following line items have been completed and invoiced to Red Baron Estates. 1) Fire Cistern (estimated cost: $16,500) The 20,000 gallon underground fire protection system has been installed according to regulations outlined by the Hudson Fire Protection District. Payment for the fire cistern (invoiced for$16,425.60) should be directed to: Western Clean Up Corporation PO Box 1247 Ft. Morgan, CO 80701 2) Street Sign (Parks Lane) and Stop Sign(estimated cost: $330) The above signage was installed on February 15, 2005, according to Weld County Standards. Payment for the signage (invoiced for 230.05) should be directed to: NCTC Signs and Highway Products PO Box 1826 Greeley, CO 80632 Both of these items were completed at a cost lower than the estimated amount. Per email notification from Peter Schei on 1/26/05, all on-site improvements for Red Baron Estates have been completed. We are now requesting that the escrow account in place at Security Title be closed and all remaining escrow funds along with any accrued interest be refunded to Red Baron Development. I am hopeful that you will be able to get the necessary authorization to Carol Harding at your earliest convenience so that these items may be approved by the County Commissioners as soon as possible. Thank you for all of your assistance. Sincerely, Marilyn Taylor Authorized Agent/Red Baron Estates FROM >000000 PHONE NO. : 3035360380 Mar. 01 2005 04:07PM P1 RED BARON ESTATES Ford Lup oN, COLORADO 80621 303-5360380 March 1, 2005 Ms. Sheri Lockman FAX: 970-304-6498 Weld County Department of Planning Services 918 10th St. Greeley, CO 80631 RE: Red Baron Estates—PZ 1035 Dear Ms. Lockman: We have finally completed the last of our internal improvements for Red Baron Estates. This letter will request action for the release of escrow funds accordingly. Referring to the Improvements Agreement dated April 5, 2004, the following line items have been completed and invoiced to Red Baron Estates. 1) Fire Cistern (estimated cost: $16,500) The 20,000 gallon underground fire protection system has been installed according to regulations outlined by the Hudson Fire Protection District. Payment for the fire cistern (invoiced for$16,425.60) should be directed to: Western Clean Up Corporation PO Box 1247 Ft. Morgan, CO 80701 2) Street Sign (Parks Lane)and Stop Sign(estimated cost: $330) The above signage was installed on February 15, 2005, according to Weld County Standards. Payment for the signage should be directed to: NCTC Signs& Highway Products PO Box 1826 Greeley, CO 80632 Both of these items were completed at a cost lower than the estimated amount. In closing the Red Baron Escrow Account, I am requesting that any remaining escrow finds along with any accrued interest be refunded to Red Baron Development. I am hopeful that you will be able to get the necessary authorization to Carol Harding at your earliest convenience so that these items may be approved by the County Commissioners as soon as possible. Thank you for all of your assistance. Sincerely, finks ' "eft Marilyn Taylor Authorized Agent/Red Baron Estates cc: Jim Clement-Security Title Guaranty Company FROM : >000000 PHONE NO. : 3035360380 Mar. 01 2005 04:08PM P2 MPS;-1-2065 04:17p FROM: TO:,3035360380 F:2/2 Cle 1 Up Corp.,r:ition P.O.Sox,ta{r Pt Morgan, Colorado SOvvi s?(970)seT-aao7 tt Fax(970) +2-ors BILL To _ Invoice Red Baron Development 7507 WCR 39 +ort Lupton, CO 80621 DATE i INVOICE N 3/1/2005 3598 P.O. NO. TERMS _ 30-Nat 30 DESCRIPTION QTY PATE AMOUNT SERVICES: ttt Provided and installed a complete underground 20,000 gallon Ere psOu , ion system at your now subdivision,as documented in letter from Western Cleanup Corporation dated 03-01-05. Total Project Cost 1 16,425.60 16,425.60 Please Remit to P.O. Box 1247, Ft, Morgan, CO E0701 1.5%Monthly Finance Charge on ALL past due invoices. Tots l Si fi.425.6U FROM >000000 PHONE NO. : 3035360380 Mar. 01 2005 04:08PM P3 i•i.H-1-dtiaS 12:E4p FROM: TO!13035360380 P;2,2 Clean Up Co.-poration A.O. Box 1247*Ft Morgan, Colorado 30701*(970)887.9607*Far(970)8424765 March 1,2005 Red Baron Development 7507 WCR 39 Tort Lupton,CO 80621 Marilyn, Per our conversation and your,request, the following information is documentation of installation of your fire cistern in the location provided to Western Cleanup Corporation in drawings. The total volume of the cistern is 16,000 gallons,by use of(2)8,000 gallon storage tanks buried 2 ft. below surface with (1) 4"sum.ion port,(1)3"fill port and(1) 3"vent gauging port in each storage tank. Upon your review of this letter please eel.i with any questions you may have. on Greene Vice President Wcxtem Cleanup Corporation FROM >000000 PHONE NO. : 3035360380 Mar. 01 2005 04:09PM P4 . -w NCTC Signs &Highway Products Co. 1 N V O I C E 1712 1st Avenue P. O. Box 1626 Invoice#: 2681 Your PO#: Greeley, CO 80632 Invoice Date: 2/15/05 Customer#: 347 Due Date: 3/17/05 Work Order#: Terms: Net ;, , . NCTC v r, ;x ;rr,: ' Y sii Sold To: Red Baron Estates • 7507 WCR 39 Ft Lupton, CO 80621 Page 1 of 1 Quantity Item ID Description Unit Price Unit Name Amount 1.00 30 X 30 Stop 53.7500 Ea 53.75 1.00 36 X 6 Parks Lane St Signs 25.0000 Ea 25.00 1.00 10 X 1,75 X 1.75 Sq Posts 31.3500 Ea 31.35 1.00 3 X 2 X 2 Sq Anchors 10.8000 Ea 10.80 1.00 Cap 6.6500 Ea 6.65 1.00 Sets Rivets&J Bolts 2.5000 Ea 2.50 1.00 Installation 100.0000 Ea 100.00 February Billing Ordered by Marilyn Taylor Subtotal: 230.05 Tax: 0.00 Other. 0.00 Shipping: 0.00 Total: $230.05 Thank You a CLERK TO THE BOARD PHONE (970)336-7215, Ext. 4225 FAX: (970) 352-0242 P. O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO May 16, 2005 RED BARON DEVELOPMENT, LLC ATTN: MARILYN TAYLOR 7507 WELD COUNTY ROAD 39 FORT LUPTON, CO 80621 RE: Release of Collateral Dear Marilyn: Enclosed you will find the resolution releasing the remaining balance of$16,830.00. I faxed the information to Security Title on this date. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4217. Very truly yours, /F Carol A. Harding, Deputy Clerk to the Board vet, 1111k FAX TRANSMISSION COLORADO Weld County Clerk to the Board PO Box 758 Greeley,CO 80632 Fax: 970-352-0242 Phone:970-336-7215,ext.4217 To: Brenda- Security Title Date: May 16,2005 Fax: (303) 659-8846 Pages: 8 +Cover From: Carol Harding, Deputy Clerk to the Board Subject: Release of Collateral/Red Baron Development COMMENTS: CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. Hello