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Home My WebLink About881189.tiff RESOLUTION RE: ACCEPT 1 . 02 MILES OF RUE DE TRUST, BETWEEN WELD COUNTY ROADS 3 AND 5 IN PARKLAND ESTATES SUBDIVISION, FOR FULL MAINTENANCE 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 , the Engineering Department has recommended that the Board accept 1 .02 miles of Rue De Trust, between Weld County Roads 3 and 5 in Parkland Estates Subdivision, for full maintenance, and WHEREAS, after study and review, the Board deems it advisable to accept said portion of Rue De Trust for full maintenance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the 1 . 02 miles of Rue De Trust, between Weld County Roads 3 and 5 , in Parkland Estates Subdivision be , and hereby are, accepted for maintenance by Weld County, Colorado. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D. , 1988 . n �! • BOARD OF COUNTY COMMISSIONERS F ATTEST: , ''',',l'(,'1h•4 euaA4(e*m` WEL NTY, COLORADO ty Weld County Cerk and Recorder and Clerk to the Board ene R. Brantne , Chairman BY: C. ^ . Kir•y, Pr -Tem Deputy/un perk APPROVED AS TO FORM: ac;uel 4e Jo n •on EXCUSED Gordon E. Lacy County AttorneypJJ' G� ��A iej Frank aY maguchi 881189 S • mEmoRAnDum Board of Weld IYI County Commissioners December 6, 1988 To Dare Drew L. Scheltinga, County Engineer COLORADO From ts�x 'C Rue De Trust (Parkland Estates) subject: Rue De Trust in Parkland Estates Subdivision was paved in October of 1986. Since that time, the Engineering Department has worked with the owners and contractor to see that all work has been completed and repairs made where deficiencies existed. The final repairs were completed on October 19, 1988. Rue De Trust is in acceptable condition. I recommend that the Board of Weld County Commissioners accept the 1.02 miles of Rue De Trust, between Weld County Roads 3 and 5, for full maintenance. Rue De Trust will then be added to Weld County's Highway User Trust Fund mileage. DLS/rs:mrdt xc: Clerk to the Board Bruce Barker, Assist. Co. Atty. Don Carroll, Engineering Subdivision File - Parkland Estates 8 8 1 1 8 9 • • OFFICE OF COUNTY ATTORNE PHONE(303)356-4000 EXT.43 P.O. BOX 19 • GREELEY,COLORADO 806 COLORADO September 15, 1989 J. Franklin Park 4625 Sylvia Lane Erie, CO 80516 RE: Resolutions and Partial Releases of Deed of Trust for Lots 2 and 3, Block 2 , Parkland Estates Dear Mr. Park: Enclosed herein please find the following: (a) Copies of the Resolutions for the Partial Releases of Deed of Trust for Lots 2 and 3, Block 2, Parkland Estates. (b) The recorded originals of the Partial Releases for said lots. I apologize for sending you two (2) copies of the same Resolution in my last letter. If you should have any questions concerning any of the enclosed, please feel free to call me at 356-4000 , Ext. 4391 . Si erely, Bruce T. Barker Assistant Weld County Attorney BTB:rm Encl. xc: Jack Henderson Clanahan, Tanner, Downing 5 Knowlton • • OFFICE OF COUNTY ATTORNE' ft> PHONE(303)356-4000 EXT. 439 P.O. BOX 194 GREELEY,COLORADO 8063 III 1 C. COLORADO September 7, 1989 TransAmerica Title Insurance Co. Attn: Mary Ann 1800 Lawrence Street Denver, CO 80203 Dear Mary Ann: Enclosed herein please find the check in the sum of $10 .00 from the Public Trustee of Weld County which should have been enclosed in my September 5, 1989 , letter. I apologize for not enclosing the check in my first letter. Sincerely, --Bruce T. Barker Assistant Weld County Attorney BTB:rm Enc. N a, L o 0 ri in N li)t CO v CV * /co lal• r—I t)S ) \ M O O ° A NS /� o f--.1g3 Q 0 isl II Ilth 1 IL ru a , .. , . . . s,..t k4 , .\Ci ll• • O o � 1 =la m� \ O \ W is \jam ZS u Fc N U to o$tg p O •O• \` O r % .-. N u W W p • qe •• z3 om O o" _ F— E 1. ryJ0il Y2c�� C >> u.d<�M�Au`W�hxQ 'off O a) " ° as Fu Q m V' �' 0 y C <a .4 ,I, Uo loi • Q LL :3 ^m coca a(Coal m 7 g n MOO 'o3 'A3133H0 ton 'as iu€ •OLOL a. . • a PPM w w.n i e fi%' BAN 'a 3NNV s S LAU BOO CU oy E m� 0 9 LL I . . ' « • • OFFICE OF COUNTY ATTORNE tsOrt 4404(41:. PHONE(303)356-4000 EXT.435 P.O BOX P.O. BOX 794 GREELEY,COLORADO 806: COLORADO September 5, 1989 Jack Henderson Clanahan, Tanner, Downing and Knowlton, P.C. 1600 Broadway, Suite 2400 Denver, CO 80202 RE: Copy of Resolution Approving Partial Releases - Dear Jack: Enclosed herein please find copies of the Resolutions by the Board of County Commissioners of Weld County, approving the Partial Releases of Deed of Trust for Lots 2 and 3, Block 2, Parkland Estates Subdivision. I have obtained the signature of the Public Trustee on the Partial Releases. I have submitted the Partial Releases for recording to the Clerk to the Board of County Commissioners of Weld County. She will transmit them to the Recording Office. Once I receive the originals back, I will then ask that they be sent directly to Mr. and Mrs. Park. If you should have any questions concerning this procedure, please feel free to call me at 356-4000 , Ext. 4391 . Sincerely, Bruce T. Barker Assistant Weld County Attorney BTB:rm Enc. . (5 • • OFFICE OF COUNTY ATTORNE - PHONE(303)3564000 BEXTOX 434 _ - - P.O.BOX 194 O - - _ - - GREELEY, COLORADO 806: lillik COLORADO September 5, 1989 TransAmerica Title Insurance Co,., Attn: Mary Ann 1800 Lawrence Street ` " Denver, CO 80203 RE: Lots 2 and 3 of Block 2, Parkland Estates Subdivision, Sold to Franklin and Alene Park Dear Mary Ann: Enclosed herein please find the following: (a) Copies of two (2) Resolutions by the Board of County Commissioners of Weld County, Colorado, approving the Partial Release from Deed of Trust for Lots 2 and 3 , Block 2, Parkland Estates Subdivision. (b) A check in the sum of $10 . 00 . This represents the remainder of the $26.00 which was given to me for the purpose of obtaining the releases from the Public - Trustee of Weld County. The fee for the release was only $16 . 00 ($8 . 00 per lot) . Thus , the Public Trustee gave us a refund in the sum of $10 .00 which I hereby remit to your office. I obtained the signature of the Public Trustee on the Partial Releases on Thursday, August 31 , 1989 . I have submitted the Partial Releases for recording to the Clerk to the Board of County Commissioners of Weld County. She will transmit them to the Recording Office. Once I receive the originals back from the Recording Office, I will then ask that they be sent directly to Mr. and Mrs. Park. If you should have any questions concerning this procedure , please feel free to call me at 356-4000 , Ext. 4391 . ,,,.—Sincerely, . z-c-cr-- I . 'z-z-,.z-z —Bruce T. Barker Assistant Weld County Attorney BTB:rm Enc. Clanahan, Tanner, Downing and Knowlton A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1600 Broadway Suite 2400 Denver,Colorado 80202 Telephone: (303)830-9111 Jack D. Henderson FAX:(303)830-0299 ' August 31, 1989 r Alf SEP 5 7989 ro Cr,' ft - Bruce T. Barker Assistant County Attorney Weld County P.O. Box 1948 Greeley, Colorado 8O632 Re: Lot 2 , Block 2 and Lot 3, Block 2 Parkland Estates Our File No. 00068.027 Dear Bruce: Enclosed is a copy of the deposit slip verifying that the two checks from the closing were deposited into the H.T.C. Escrow Company account on August 31, 1989. If you should have any questions regarding this matter, please do not hesitate to contact us. Yours very truly, Jack D. Henderson JDH/mjm/wp Enclosure t United Bank of Denver National Aaso . United Bank Center 1700 Broadway Denver,Colorado 80274 : • • United Bank Receipt I pCu i 45, s PP,A 4;41'X�r A ,..#44,,,, a-ro4.ne4,xv.P� S. t°, :::' .ate f 7 A4; 1M a q at,._.1 A 4-y ‘,,,,t, .. ,( I s-1 :-0^11>N + �#'F.Et"ewz", ti, a.{ . Y . air .-:' ,d4��lit" /L 1 k yen �' : a*'are : T 7{i'B x�4 O � x � ('`i ^-.O✓w O '. SA 'z w. 4 i t., b E k € } "0 „I x�y' tr ; • , ( L1G2 c.lLe-fc Ac,A P^ AN-Account Number D Checking Deposit SD-Savings Deposit SW-Savings Withdrawal M-Miac. Member FDIC C UJ 1 s ,,,, y .� ._-_c-:6 • Ot 41 ' • • OFFICE OF COUNTY ATTORNE PHONE(303).356-4000 EXT.43, _ P.O. BOX 19, - - - - - GREELEY,COLORADO 808 COLORADO • September 5, 1989 Jay Franklin Park Alene M. Park 4625 Sylvia Lane 4625 Sylvia Lane Erie, CO 80516 Erie, CO 80516 RE: Copy of Resolution by Board of County Commissioners Approving - Partial Release of Deed of Trust for Lots 2 and 3 , Block 2 , Parkland Estates Subdivision Dear Mr. and Mrs. Park: Enclosed herein please find two (2) Resolutions by the Board of County Commissioners of Weld County. They are for the Partial Release of the Deed of Trust for Lots 2 and 3, Block 2 , Parkland Estates Subdivision. These copies are for your files. I have obtained the signature of the Public Trustee on the Partial Releases. I have submitted the Partial Release for recording to the Clerk to the Board of County Commissioners of Weld County. She will transmit them to the Weld County Clerk and Recorder' s Office. Once I receive the originals back from the Clerk and Recorder' s Office, I will then ask that they be sent directly to your home at the above stated address. If you should have any questions concerning this procedure, please feel free to call me at 356-4000, Ext. 4391. Sincerely, Bruce T. Barker Assistant Weld County Attorney BTB:rm Enc. • OFFICE T • - _ PHONEOF (303)COUNTY 3564000AT EXT.ORNE 43' ‘iett GREELEY,COLORADO 806, - • COLORADO August 18, 1989 Jack Henderson Clanahan, Tanner, Downing & Knowlton, P.C. 1600 Broadway, Suite 2400 Denver, Colorado 80202 .i- u tm- RE: Partial Releases -from�Deed of Trust Dear Jack: This letter is to confirm our conversation of Wednesday, August 9, 1989 . You have requested Partial Releases on 3 lots in the Parkland Estates which are included in the Deed of Trust held by the Bcard of County Commissioners of Weld County, Colorado. Those lots include: Lot 1 , Block 1 ; Lot 2 , Block 2; and Lot 3, Block 2, Parkland Estates. So that we may avoid the situation we had a few months ago after the sale had fallen through on Lot 1 , Block 1 , I will ask the Board to approve the Partial Releases on two dates prior to the closing day of August 30 , 1989 . I will ask the Board to approve the Partial Release of Lot 2 , Block 2, and Lot 3, Block 2 on August 23, 1989. I will ask the Board to approve the Partial Release on Lot 1, Block 1 on August 28 , 1989. - I will plan on attending the closings on August 30 , 1989. After the closings are completed, I will then take the Partial Releases to the Weld County Public Trustee, Anne Nye, for her signature. Please note that each parcel released will cost the sum of $8.00. I respectfully request that you have a check made payable to the Weld County Public Trustee in the sum of $8 . 00 for each lot and provide those checks to me at the closing on August 30, 1989 . If you should have any questions concerning the procedures as set forth herein, please feel free to call me at 356-4000 , Ext. 4391 . �S�.x�cerely`� J ruce T. Barker Assistant Weld County Attorney BTB:rm Clanahan, Tanner, Downing and Knowlton A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 1600 Broadway Suite 2400 Denver, Colorado 80202 Telephone:(303)830-9111 Jack D. Henderson August 4, 1989 FAX:(303)830-0299 Bruce T. Barker Assistant County Attorney P.O. Box 1948 AUG 71989 Greeley, Colorado 80632Cci Re: Parkland Homeowners Association, Inc. Lot 2, Block 2, Parkland Estates �-- - Lot 3, Block 2, Parkland Estates Lot 1, Block 1, Parkland Estates Dear Bruce: Enclosed you will find a copy of three separate contracts, each dated July 27, 1989. Parkland Homeowners Association respectfully requests that Weld County prepare, execute and deliver a partial release of each of the above-described lots in accordance with the terms of the agreement between Weld County and Parkland Homeowners Association. You may recall in May of this year Parkland Homeowners Association had a contract on Lot 1, Block 1. We asked Weld County to prepare a partial release on this lot, which I believe you obtained. Later, however, the deal fell through and the sale of that lot never was consummated. I mention these facts because you may now have in your file a partial release on Lot 1, Block 1. We would like to close each of these transactions on or before August 30, 1989. If you can process the preparation and execution of each of the partial releases by that date, we would be most appreciative. Thank you for your assistance. Yours very truly, Jack D. Henderson JDH/mjm/wp Enclosures cc: J. Franklin Park Jim Huntzeker Mark Williams . The printed portions of this form approved by the Colorado Real Estme Commission I SC 27-2-n11 TNIS IS A LEGAL INSTRUMENt IF NOT UNDERSTOOD.LEGAL.TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) • •i . July 27 ,19 89 1. The undersigned agent hereby acknowledges having received from J. Franklin Park, Trustee for Gary E. Moore, the sumof$1 ,000.00 ,in the form of a personal check ,tobeheldbyParkland Homeowners Ass'n., Inc. j 1.--.,.rn, ;v I -^I•e-'s owe— -•• "v••'-'' •-.--•;;;; as earnest money and part payment for the following described real i. estate in the - —_ _County of Weld ,Colorado,to wit: Lot 2, Block 2, Parkland Estates • " together with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition,ordinary wear and tear excepted,and hereinafter called the Property. • I I 2. The undersignedperson(s) J. Franklin Park, Trustee for Gary E. Moore, a single person, (c^ joint ten^n..1Nt^nrnt^ it oortnen), hereinafter called Purchaser, hereby agrees to buy the Property, and the III I. :'I stated undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions i I herein. I3. The purchase price shall be U.S.$ 35(000.00 ,payable as follows:$ 11000.00 hereby receipted for; I and $34,000.00 in cash or certified funds upon closing. 1 I I , . -•II I I I II i I I I .. I' 4. Price to include: Membership in Parkland Homeowners Ass'n., Inc. 11 I and the following water rights: None I I II 1 5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) I I I I apply for such loan,(b)execute all documents and furnish all information and documents required by thelender,and I (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before //AA - 19_,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and I I things of value received hereunder shall be returned to Purchaser. I I et s. —1...A ^N„-YI•"I•`y dI)n II pan annum,m,If the Cann to br n.tuned hae pRo i'nc foP�chclrcdtcq»tiny iere...triable !I II i r r••n^••nt tots lean r-••ur•ptikr le required,thi contract l crnditie,od upon.obtaining rush pro••.ri -a. If tba L.nap•: i r----rt,..ithnet rah^ngo in the torn anti eonditirn of ouch lair crcopt at herein pro.:i,led,- I I I 7.Jr•"oto i•to Ito etntir pnypbls to e•+O•,,'tut perti:.l or bill payn tet of the per-k ere pri•e,this contract shall not I I I be assignable by Purchaser without written consent of Seller. 8. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser • !I No.SC27.2-81. CONTRACT Ttl BUY AND SELl.REM.ESTATE Otani land. YM Bradford P.bli.hinp.5625 W.6th Ave..Lahe••nd.Co Bo2l4—11071±33-6900 • 9. An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before August 31 ,199..If Seller elects to furnish said title insurance commitment,Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11.The hour and place of closing shall be as designated by mutual agreement of Seller and Purchaser II. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13.Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall rsecute and deliver a good and sufficient— — —— ——---warranty deed to Purchaser on Closing , 19 ,or,by mutual agreement,at an earlier date,conveying the Property free and clear of all taxes,except the general taxes for the year of closing,rr free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed ornotifree and clear of all liens and encumbrances except minerals and other.reservations of record. except the following restrictive covenants which do not contain a right of reverter: covenants, conditions and restrictions now of record - 1 and except the following specific recorded anchor apparent easements: Utility, drainage and aircraft taxiway easements shown on the Plot Plan of Parkland Estates subdivision. I, and subject to building and zoning regulations. 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s)on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13,if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and • things of value received hereunder.shall be returned to Purchaser. 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released front all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,and PHA Assessments shall be apportioned to date of delivery of deed. 15. Possession of the Property shall be delivered to Purchaser dOC upon closing, on or before • August 31, 1989 subject to the following leases or tenancies: None !; li 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this ' contract and the date of delivery of deed,Purchaser may elect to terminate this contract;in which case all payments •' - and things of value received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not performed as • herein provided,there shall be the following remedies: (a) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. •,H (b) IF PURCHASER IS IN DEFAULT,(1)Seller may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. i j ,i (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. 18. Purchrncr and Scllcr as.,cc that,in the event of any controversy regarding the cttrnaat nency huld by brok^r, ^y^✓ ei ha'm-9^...^i. any prr-ceding,^r at brch-c'rr caption and dittcreticn,may interplant'any n*noys^r thing-cf value into court and may II I; i I, i, =y • 19. Additional provisions: • • • 20. If this proposal is'accepted by-Seller in writing and Purchaser receives notice of such acceptance on or before August 5 , 1989 ,this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs,successors and assigns of such parties,except as stated in paragraph 7. r i(rra 7-27-R7to None P � rustee for Gary E. Moore o•�• B Purchaser Date r� rer-41\ ci-7e Ceea 25.2_ 4625 Sylvia Lane, Erie, CO 80516 Purchaser's Address ' • (The following section to be completed by Seller and Listing Agent) 21. Seller accepts the above proposal this._day of JUL 9 ,19 6cj^^a egrets *ern-a so"i--ie„er qe or tt•e p—aka^^P..:e^se..-o—iii^^;..thin i-a^c aa"om"id^g^a^c V•at'v the,^-nt of ferfcit.•'r••cf payment.:and thinge of vctue r ccivod hereunder,cuch payment- end thingo of value shall _ • 4maleage-to-SeUa+:— • .X %e4/ . w • fl6tlp%s> I�dekLA. i7 rb6IS �rJc Seller • Seller's Address I', 4 ""^PD'-bcr'-N-me r••d +d.(,.•.^ate -i k • The printed portions of this form.ppro•ed L.the Colorado Real E Commission,SC 27.2-SI I MR IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL.TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) July 27 , 1989 1. The undersigned agent hereby acknowledges having received from Vinton Robert Morey, CDT,and Brenda Bissell-Morey the sum of$2,000.00 ,in the form of a personal check ,to be held by Parkland Homeowners Assn, Inc. I,roL-as in Lr„L„r"a v..•rn,.r r as earnest money and part payment for the following described real estate in the—— — —County of Weld ,Colorado,to wit: Lot 1 , Block 1, Parkland Estates together with all easements and rights of wa•appurtenant thereto and all improvements n g g > ppthereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided. in their present condition, ordinary H wear and tear excepted, and hereinafter called the Property. 2. The undersigned person(s) Vinton Robert and Brenda Bissell-Morey (as joint tenants/tenants in common), hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S.$40,000.00 ,payable as follows:$2)000.00 hereby receipted for; and the balance of $38,000.00 to be paid in cash or certified funds at time of closing. • 4. Price to include: Membership in Parkland Homeowners Association, Inc. •j and the following water rights: None II I 5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) apply for such loan,(b)execute all documents and furnish all information and documents required by the lender,and (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before August 10 1022_,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. G. If a note and trust deed or mortgage is to be crrur,cd, Purehar:r agree: to apply for a tom- 'rrumption if .•.,f,.:..,.l a..d _.ft,-------to p•,y.(I)., loan t-"ref....fe. ,,et t.,,,kc ud'F .,.,d(1)•lr:.,ty,..,... .... . ji nut to crct.od C:per annum.If the lean to be cerur.•tut bar provident: fur a rhvod equity or rariable - :p'c•.i_. P..u,., a... ur, e..•..,.,,,,ru.,. .,,.. l.,a..a.,..RNhr:u�:.. ..u�,,;..a,� r3.:.- rr.,... :.. ,.e.,d:r:ep,,,d ..pe., .J....:p:..g -....t. •..:•' e'•a'g-•i^UV'''"' -"•.a.4 e4-nditionn of ruch loam except ac herein prrvi'l d. 7. IC a nate it to be mr'1a p•.ytible to Sullen•ue partial or fill) !Etymon, of the pureh•Ira priaa,This contract shall not be assignable by Purchaser without written consent of Seller. H. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser No. SC27-2-NI. CONTRACT TO BCY AND SELL REAL ESTATE(\imam Land) 3-8a Bradford Publishing.5823 W.6th Ave..L atca&vJ.CO 80214-(303)2_33-6900 • 9. An abstract id title to the Property.certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price. at Seller's option and expense. shall be furnished to Purchaser on or before August 15, , 1989 .If Seller elects to furnish said title insurance commitment.Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. le. The date of closing shall be the date for delivery of deed as provided in paragraph II. The hour and place of closing shall be as designated by .the mutual agreement of Seller and Purchaser 11. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and delireerE99 good and sufficient--- warranty deed to Purchaser at closing, on or before Allg 19_ .or. by mutual agreement,at an earlier date, conveying the Property free and clear of all taxes•except the general taxes for the year of closing,am+e tpr • free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed or not:free and clear of all liens and encumbrances except easements and mineral reservations now of record. except the following restrictive covenants which do not contain a right of reverter: covenants, conditions and restrictions now of record. and except the following specific recorded a ml/'o•apparent easements: Utility and drainage ease- ments shown on the Plot Plan of Parkland Estates Subdivision. and subject to building and zoning regulations. 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's argent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13,if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing,based on the most recent levy and the most recent assessment, prepaid rents,water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,and PHA Assessments shall be apportioned to date of delivery of deed. • 15. Possession of the Property shall be delivered to Purchaser on closing of sale. subject to the following leases or tenancies: None 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of deed,Purchaser may elect to terminate this contract; in which case all payments and things of value received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due,or if any other obligation hereunder is not performed as herein provided,there shall be the following remedies: (al IF SELLER IS IN DEFAULT,(11 Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may he proper,or(2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages,or both. - (b) IF PURCHASER IS IN DEFAULT,(U Seller may elect to treat this contract as terminated,in which case - all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract,the court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. 18. Purchr-'er and Sclicr ngrcc that,in tic event of any rontrovurry regarding the earnest money hold by broker, enh:-• rn•tt•rl•^rites icrrruuti-'i i received by broker,brokerehell not be required to tul:e any neti-m but may emit• any prr voding,ur at brci er'a option and dircrution,may interplead any money,.or thingr of valve int?c- uu•t and mi , recover court ccrtr and rco'cnabl, attrrncyr'fo-"' 1. • 19. additional provisions: This contract is contingent on the following: 1 . Plans and specifications for construction of the house and out- buildings to be submitted to the Parkland Homeowners Association (PHA) by the Purchasers be approved by the Architectural Control Committee (ACC) as submitted, or as changed by mutual agreement. 2. Soil engineering analyses and Percolation tests do not preclude the construction of a full basement and septic tank as included in the plans to be submitted by the Purchasers for Lot 1 , Blk 1, Parkland Estates, or require special engineering not included in said plans as submitted. 3. This sale shall be contingent on Purchasers' acceptance of permanent financing from the mortgage company which is to be provided to Purchasers within two weeks from the date of this contract. Purchasers shall have 3 weeks (21 days) from the date of this contract in which to obtain approval of the ACC and get the results of the soil engineering tests. In the event construction of the house is not approved by the ACC or re— sults of soil tests and percolation tests preclude construction of basement and septic system in accordance with plans to be submitted for this lot, this contract shall become null and void, and the earnest money deposited herewith shall be refunded to Purchasers in full. 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before August 10 19 89 , this instrument shall become a contract between Seller and Purchaser and shall inure to th benefit of the heirs,successors and assigns of such parties,except as stated in paragraph 7. rot,h,thet nut i 77/i 2e-`1At 7;,,/61 By: rot ellawr Date Purchaser's Address 9`- 0 /cJ •`:;i. -i/cPY i, )pU/d o-r e) 50 27• I (The following section to bompleted by Seller and Listing Agent) 21. Seller accepts the above proposal this all day of , 19 d9 arniuttrees km -mow aG h e ,hetwaeepsi ew sa serVes-wrth4eWrnsteliitm-stdsgreeefkut-en- the-imrawtafJbcfeiiucaa-pa*i wwtataW-thit4w aLualueaeceismW4iea:wuuWv,44tali•payrNerttsewr4ikiHgs.•r.,^I' c shall- baalix4Wdbatixtwnlictiatt.leapa4arui.SWWr,aue,h.alf.thulleaf to444-13rakw•,but;whoa wee.tW4weemm.iryi`nTt tciWie- 6rlaxutaSuliw.- sriir ✓, fi,a,.A/ln 147,44, Vise /3-es;deny sae' Pa ice/and f/e asee wn ens..essis-, -,57a., Seller's Address ,47---37 ,Sy/'/cz Lai,e, L/'.' do .-Q_5-,, Listing Broker's Name and Address None • The printed pertlona.fthis tom by the Colorado Real E.t ate t'ommi.nion l SC 27 2-111 THIS IS A LEGAL INSTRUMENT IF NOT UNDERSTOOD,LEGAL.TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) July 27, ,19 89 1. The undersigned agent hereby acknowledges having received fro• J. Franklin Park and "'�I Alene M. Park the sum of$ 1,000.00 ncheformof a personal check to be held by Parkland Homeowners Ass'n., Inc. I , as earnest money and part payment for the following described real ' estate in the ----- — -----County of Weld ,Colorado,to wit: H • II Lot 3, Block 2, Parkland Estates ii it II together with all easements and rights of way appurtenant thereto,and all improvements thereon and all fixtures of 'I a permanent nature currently on the premises except as hereinafter provided, in their present condition,ordinary I wear and tear excepted,and hereinafter called the Property. I I 2. The undersignedperson(s) J. Franklin Park and Alene M. Park I I (as joint tenant, hereinafter called Purchaser, hereby agrees to buy the Property, and the .i Hundersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions I 1 stated herein. .00 1,000.00II II 3. The purchase price shall be U.S.$ 35r000 ,payable as follows:$ hereby receipted for; II and $34,000.00 in cash or certified funds upon closing. II I I , i I I Ii I .. 4. Price to include: Membership in Parkland Homeowners Ass'n., Inc. i I and the following water rights: II I I 5. If a new loan is to be obtained by Purchaser from a third party,Purchaser agrees to promptly and diligently(a) I I apply for such loan,(b)execute all documents and furnish all information and documents required by_t,he lender,and !' (c)pay the customary costs of obtaining such loan.Then if such loan is not approved on or before N� _ , II 1D_,or if so approved but is not available at time of closing,this contract shall be null and void and all payments and .I I!! things of value received hereunder shall be returned to Purchaser. i R. 1r .. ne.e ..nd ..,.^. .lyd e• r•eetg^ge :^ .a ba ^--„'ra,l A8N A^e^ "H^ee. •^ .•rply re^ ^ lnen ^^-u—p.:er ‘f .I il I� nal ...98..0...1 ez.l>n. ,.rant.,,. 1f the 108.,to ha”eettm..d hoe rrnui.iane fay o al,oend opt ity ne,,...febin_ !I I. I 1"'"""'.. ,..,tn. .,.en„old, p..y..,e.,.s ti"....ont.ae. :s..ent;::nied ••pea P.,eeha®9 e,. . . ;c..,ing and nor^.....:rg• -1.41:.-1.41:. i mree,.i..;ene If t h.1.ntier'a at to n 1"1 a.^.,...pt;o.. :a' q":.y1,.his eent...e. la_e..d;t:enet-yen.,b.a;n rag aro I I Cone..n. Wit chy.,H.,:et tIn.tonne....1..enai.:,.ra or^„9h lee.e..e..r.,...1......;..p^ev:.led I 7. If o note io to ha meta puyeblo to Seller no pertin!or full payncnt of thew purehnae prior.This contract shall not I be assignable by Purchaser without written consent of Seller. ii N. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser I , No.SC27.2-N1. CONTRACT TO NUT AND SELL REM.ESTATE(Paean land) 344 Bradford Piblishinj.5826 W.6th An.,Lakewood,CO 80214—1707)233-6988 S 9. An abstract of title to the Property,certified to date,or a current commitment for title insurance policy in an amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before August 31 ,19 89.If Seller elects to furnish said title insurance commitment.Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11.The hour and place of closing shall be as designated by mutual agreement of Seller and Purchaser 11. Title shall be merchantable in Seller,except as stated in this paragraph and in paragraphs 12 and 13.Subject to payment or tender as above pruv bled and compliance by Purchaser with the other terms and provisions hereof. Seller shall execute and deliver a good and sufficient .- — warranty deed to Purchaser on Closing , 19 .or,by mutual agreement,at an earlier(late,conveying the Property free and clear of all taxes,except.the general taxes for the year of closing, •^•I ace—p' free and•clear of all liens for special improvements installed as of the date of Purchaser's signature hereon,whether assessed ornoi;free and clear of all liens and encumbrances except minerals and other reservations of record. except the following restrictive covenants which do not contain a right of reverter: covenants, conditions and restrictions now of record. and except the following specific recorded andior apparent easements: Utility, drainage and aircraft taxiway easements shown on the Plot Plan of Parkland Estates subdivision. and subject to building and zoning regulations. 12. Except as stated in paragraphs 11 and 13,if title is not merchantable and written notice of defect(s)is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defects)prior to date of closing. If Seller is unable to correct said defect(s)on or before date of closing,at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing,the date of closing shall be extended thirty days for the purpose of correcting said defect(s).Except as stated in paragraph 13.if title is not rendered merchantable as provided in this paragraph 12,at Purchaser's option,this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. . . 13. Any encumbrance required to be paid may be paid at the time of settlement,from the proceeds of this transaction or from any other source. Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price,this contract shall be void and of no effect and each party • hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser.14. General taxes for the year of closing,based on the most recent levy and the most recent assessment,prepaid rents.water rents,sewer rents,FHA mortgage insurance premiums and interest on encumbrances,if any,and PHA Assessments shall be apportioned to date of delivery of deed. • 15. Possession of the Property shall be delivered to Purchaser dh upon closing, on or before August 31, 1989. subject to the following leases or tenancies: None 16. In the event the Property is substantially damaged by fire, flood or other casualty between the date of this contract and the date of delivery of deed,Purchaser may elect to terminate this contract;in which case all payments - and things of value received hereunder shall be returned to Purchaser. 17. Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due,or if any other obligation hereunder is not performed as herein provided,there shall be the following remedies: (a) IF SELLER IS IN DEFAULT,(1)Purchaser may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper,or(2)Purchaser may elect to treat this contract as being in full force and effect • and Purchaser shall have the right to an action for specific performance or damages,or both. -: (b) IF PURCHASER IS IN DEFAULT,(1)Seller may elect to treat this contract as terminated,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper,or(2)Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages,or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract,the.court may award to the prevailing party all reasonable costs and expense,including attorneys'fees. 18. Pui tlu,.-e., ,.nd Sell.., ,. ,\L that,in th;.: ,.nt of any canto, ,.,y i egarding the carncot money held by broker( unit._ muturl"ritttm inrtructiar it rr rei••ed 1•y broker,broke"chrll no* be required to take any action but may nit • -ny prr^^rding,or nt hrokcr'r rptirn and di"^retter,may intorpleed any moneye or things of valor into court"nil may. • • • • • 19. Additional provisions: • 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before August 5 , 19&9_, this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs,successors and assigns of such parties,except as stated in paragraph 7. 7 27-8.57 r None P aaer J. FRANKLIN PARK Date rrc 2f t72j- y 7—27 s y By:`'. �/"` - (� t haacr ALENE M. PARK Uate g ter Purchaser's Address 4625 Sylvia Lane, Erie, CO 80516 • (The following section to be completed by Settler and Listing Agent) 21. Seller accepts the above proposal this day of ,190^^•I -guess the t -ant rf fc rfeituvr of pay(;:r,t- -nd thingr of vole:roccuvcd hereunder,each payments end things of value oholl L.di••i 3cd tot.. licti^g to;l- :end Seller,-ne half thcrcef to acid brel:-r,but not t^on--ed the ormnioeion,cnd the .beiuwee-te.Setlur. Seller 7,eerf4c4q ef12«q..a Illehtievosen ilri.•e Seller's Address I Listing Ernit-r'c Nan ant3.tddr^r- ('t . i 3 DEPARTMENT OF ENGINEERIN( �. PHONE(3031 356x00 • P.O. BOX 75 GREELEY,COLORADO 8063 Ir _ o ',tit.'. COLORADO September 22 , 1987 Jerry Paulp Parkland Homeowners Association 4674 Sylvia Lane Erie, CO 80516 RE: Acceptance by the Weld County Engineer of Rue-de-Trust Avenue for Partial Maintenance by Weld County, Colorado. Dear Mr. Paulp: It is my understanding that Rue-de-Trust Avenue in the Parkland Estates Subdivision was paved on October 24 , 1986 . The paving of Rue-de-Trust was completed in accordance with the October 17, 1984 , Addendum to the original Subdivision Agreement. Please note that paragraph 5 . 3 of the original Subdivision Agreement required the Subdivider to request in writing that the Weld County Engineer inspect the completed streets and accept them for partial maintenance by Weld County. Paragraph 5 . 3 goes on to say that nine months after the initial acceptance, the County Engineer then inspects the subject streets and notifies the Subdivider of any deficiencies. If the County Engineer finds that the streets are constructed in accordance with County standards, he then recommends the acceptance of the streets for full maintenance to the Board of County Commissioners of Weld County. Please also note that the second paragraph on page 3 of the Security and Escrow Agreement between the Parkland Homeowners Association, Inc. , and the County of Weld, states the following: "At such time as there is furnished to the County a written certification from licensed consulting engineers showing that Parkland has completed a phase of the asphalt paving as required by the Subdivision Agreement, as amended, the County shall accept the completed phase for partial maintenance as set forth in Section 5 .3 of the Subdivision Agreement. " • • A copy of Section 5 .3 of the original Subdivision Agreement and a copy of the Security and Escrow Agreement are attached hereto. To date, I have received neither the writing as required by Section 5.3 of the original Subdivision Agreement, nor the written certification from licensed consulting engineers as required on page 3 of the Security and Escrow Agreement. Please be informed that I will require strict compliance with the sections contained in these documents, and therefore, no partial maintenance of Rue-de-Trust Avenue by Weld County will begin unless and until the required writings are received by this office. Please call me at 356-4000 , extension 4750 , if you should have any questions concerning this letter. ery ul you , vv Drew Scheltinga Weld County Engineer DS : ss xc: Tom Ayers , Esq. Clanahan, Tanner, Downing & Knowlton Attorneys at Law 1655 Grant Street Denver, CO 80203 /Bruce T. Barker Assistant Weld County Attorney • • 5.3 Acceptance for Partial Maintenance: Upon the completion of the construction of streets within a subdivision according to Weld County Specifications, the Subdivider shall request in writing that the County Engineer inspect said streets and accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters and related street improvements. The County Engineer shall accept streets for partial maintenance for a period of one year. Nine months after initial acceptance, the County Engineer shall inspect the subject streets , and notify the Subdivider of any deficiencies. The County Engineer shall reinspect the streets after notif- ication from the Subdivider that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards , he shall recommend the acceptance of the streets for full maintenance to the Board of County Commissioners. 5.4 Acceptance of Streets for Full Maintenance: Upon receipt of a recommendation from the County Engineer for acceptance of streets. within the subdivision, the Board • of County Commissioners shall accept such streets as public facilities and County Property, and shall be responsible for the full maintenance of such streets including repair. 6. In addition to those items of work shown either on the final working drawings/specifications , or on the final plat or on the final Unit Development Plans Subdivider shall cause the following matters to be completed as an integral part of the improvements to be installed at Subdivider' s cost: 6.1 The Erie Coal Creek Ditch shall be fenced on both sides with a six foot chain link fence to be completed before the issuance of any building permits , and shall include two gates at each end located.at County Road 3 and County Road 12.x, • -4- • • SECURITY AND ESCROW AGREEMENT NO o 0 U THIS SECURITY AND ESCROW AGREEMENT is made and entered into ow 0 3 this 17th day of October, 1984, by and between THE PARKLAND ox (n- HOMEOWNERS ASSOCIATION, INC. , a Colorado corporation (hereinafter called "Parkland") , and COUNTY OF WELD, STATE OF COLORADO, by and N 6G „ a through its Commissioners (hereinafter called the "County") . WRECITALS yr a m v 1 . Contemporaneously herewith, the County and Parkland .c Z ei have entered into that certain Assumption of Subdivision ti zAgreement whereby Parkland has agreed to assume and perform the c � `o w obligations of Parkland Estates , Inc. , a Colorado corporation, co w co CA z under that certain Subdivision Agreement dated September 19 , 0 >♦ 1977, amended by Addendum recorded October 11, 1978 in Book 847 uco x as Reception No. 1769379; Addendum recorded March 5, 1979 in Book rnm CI 0 861 as Reception No. 1783448; Amendment to Deed of Trust recorded CO m w February 25, 1980 in Book 896 as Reception No. 1817852; Amendment to Deed of Trust recorded May 6, 1982 in Book 967 as Reception No. 1890825; and Escrow Agreement recorded July 11, 1983 in Book 1001 as Reception No. 1933092 (hereinafter, the "Subdivision Agreement") , providing for, among other things , the construction of certain paved roads within the Parkland Estates Subdivision, Weld County, Colorado. 2 . Pursuant to paragraph 7 of the September 19, 1977, Subdivision Agreement, As Amended, the County has the right, from time to time, to request a security interest in collateral to • I r secure the performance of the obligations under the Subdivision o 0 Agreement. N o 0 3 . As a condition to approval of that certain Addendum to a c w the Subdivision Agreement dated October 17 , 1984, and as a to-w condition to approval of the Assumption of Subdivision Agreement, O p the County has required that certain security hereinafter set N forth be received by it to insure completion of of the work to be .. w 1D performed under the Subdivision Agreement. e wj WHEREFORE, in consideration of the mutual covenants m u Z hereinafter set forth the parties agree as follows: H HE 1 . Parkland is the owner in fee of the real estate ✓ described in that Deed of Trust for the County' s benefit attached w mcy hereto as Exhibit "A" and by reference made a part hereof. m2 rn Z a Contemporaneously with the execution of this Agreement, Parkland 0 N w shall execute and deliver to the County said First Deed of Trust rz Z a+ a' in the amount of TWO HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED v om r r FOURTEEN AND NO/100ths DOLLARS ($242, 514 . 00) to be held by the m G. County as security for Parkland' s performance of the remainder of the work to be performed under the Subdivision Agreement as amended. Parkland agrees that the "net sale proceeds" received from the sale of each lot described in Exhibit "A" will be placed in an interest-bearing account to be titled the Parkland Estates Escrow Account. Said Escrow Account shall be opened as soon as practicable after execution of this Agreement and shall require the signature of the Chairman of the Board of County Commissioners and the President of Parkland to accomplish withdrawals. Any minimum deposit to open said Escrow Account -2- shall be furnished by Parkland. The purpose of the Deed of Trust and Escrow Account will be to assure the County that Parkland • O � v will complete the work required by the Subdivision Agreement as 10. amended by Addendum dated October 17 , 1984 . For purposes of this > w Security and Escrow Agreement, "net sale proceeds" shall mean all > 3 > a cash paid to Parkland from the sale of each lot shown on Exhibit , W a "A" attached hereto less all ordinary expenses of sale and real o ua estate commissions. Excluded from "net sale proceeds" shall be any amounts necessary to satisfy any indebtedness incurred by 4x r a Parkland to Frontier Materials, Inc. under that certain agreement 00 p z dated August 27 , 1984 , by and between Parkland and Frontier , H Materials, Inc. , any taxes attributable to the lot, and Left Hand � r a D W At such time as there is furnished to the County a written o z NZ certification from licensed consulting engineers showing that co Parkland has completed a phase of the asphalt paving as required INC by the Subdivision Agreement as amended, the County shall accept r � DM the completed phase for partial maintenance as set forth in ow Section 5 . 3 of the Subdivision Agreement. Upon the acceptance of a completed paving phase for partial maintenance, the County may release to Parkland a portion of the aforesaid Escrow Account according to the recommendations of the Weld County Department of Engineer Services. Upon the acceptance of the street for full maintenance as set forth in Section 5 . 4 of the Subdivision Agreement, the County shall release to Parkland all funds in the Escrow Account, and the Deed of Trust attached as Exhibit A. -3- • Provided, that if Parkland shall fail to complete the asphalt paving of each phase as required by the October 17, 1984 Addendum to the Subdivision Agreement, then the County may, at 0 o its option, but shall be under no obligation to do so, complete such phase of paving using the whole or any po rtion of funds in Qj the Escrow Account for that purpose; and, the County shall also 0 (without being under any obligation to do so) to o be entitled, co-r4 foreclose on the aforesaid First Deed of Trust and use the O proceeds derived from said foreclosure to complete such work . N CC . w Any work completed by the County shall be done in accordance ri x with plans and specifications heretofore previously approved by Tr co u the County Engineering Department. 1/40z H If it becomes necessary for the County to complete any of r+ F m to the work contemplated hereunder, the County shall, prior " CO w embarking upon completion of such work, give to Parkland, c/o o0, z Mark Williams, 4732 Sylvia Lane, Erie, Colorado 80516 , written ricc notice by Certified Mail, Return Receipt Requested, at leas u t x• zthirty (30) days in advance of the date on which the County rn � o intends to commence completion of such work. During the thirty m w (30) day period, if Parkland either commences completion of the work or establishes with the County a reasonable schedule for the completion of such work, (reasonable meaning satisfactory to the County' s engineer) the County shall permit Parkland to complete such work and no demand will be made by the County on the Escrow Account, nor shall any foreclosure as allowed aforesaid be commenced. -4- • �. Any excess proceeds, after use for paving by the County of the proceeds in the Escrow Account and those proceeds derived from foreclosure, shall be returned to Parkland. o o 2. As additional security v 0 for the performance of Phase II in O of the work required to be performed under the October 17, U 1984 a Addendum to the Subdivision Agreement, Parkland also o 0 3 simultaneously herewith delivers to the County an Irrevocable o `)- w Letter of Credit from the Q United Bank a of Denver, National w ro Association, in the principal amount of NINETY THOUSAND DOLLARS ;" o ($90,000. 00) . Said Letter of Credit is attached hereto as w '" W Exhibit "B" . If Parkland shall fail to complete the asphalt 00 v paving of Rue De Trust on or before November 1, 1986, then the O ,z tiFCounty may, at its further option, but shall be under no " a obligation to do so, complete such asphalt paving of Rue De Trust C4 i by drawing on the Letter of Credit to the extent necessary to G. - Z complete the paving after first having exhausted all available s funds in the Escrow Account, and without the necessity of a £ resorting to foreclosure against the properties described in the 2 attached Exhibit "A" for that purpose. If it becomes necessary m the Letter w for the County to draw upon of Credit to complete any of the work contemplated hereunder, the County shall, prior to drawing upon such Letter of Credit, give to Parkland, c/o Mark Williams, 4732 Sylvia Lane, Erie, Colorado 80516, written notice by Certified Mail, Return Receipt requested, at least ten (10) days in advance of the date on which the County intends to draw upon the Letter of Credit. During the ten-day period, after notice is received, if Parkland posts a cash bond with the County -5- • • in an amount equivalent to the reasonably anticipated draw on the Letter of Credit as estimated by the County Engineer, then the County shall refrain from exercising its rights under the Letter u of Credit and shall resort instead to the cash bond under the Do same terms and conditions as the Letter of Credit. v o 3 . The County hereby agrees to subordinate the interest a D granted to it by the Deed of Trust attached hereto as Exhibit "A" is ? 41Q to the interest or interests, on a phase by phase basis, given by o0 Parkland to Frontier Materials, Inc. pursuant to the Agreement 4a dated August 27, 1984 , by and between Parkland and Frontier . o " x Materials, Inc. To accomplish the subordination of its ou interests , the County agrees to execute a Subordination Dz 4H Agreement, for each phase, in the form attached hereto as . w AE A w Exhibit "C" . c• w 4 . Upon final acceptance by the County of all the streets o z required to be paved under the Subdivision Agreement as amended n z by the Addendum dated October 17, 1984, the County agrees to ) a K release the security granted hereunder for the performance of n on Parkland under the Subdivision Agreement, including any funds D• m 1 '-1 c w remaining in Escrow and its Deed of Trust on all remaining unsold lots owned by Parkland within the Subdivision. 5 . This Security and Escrow Agreement is intended to replace and supersede all previous escrows, Deeds of Trusts, and other security agreements between the County and Parkland Associates, Inc. and/or Parkland Estates, Inc. To fulfill this intention, the County agrees to execute the attached Releases of Deed of Trust identified as Exhibits "D" and "E" , as well as the -6- • • savings withdrawal slip for the Escrow Account formerly established at the United Bank of Broomfield, account no. 803062, attached as Exhibit "F" , and any other additional documents - o reasonably required in the future to release all security o U interests previously granted to the County as security for the - O performance of the Subdivision Agreement. o a D IN WITNESS WHEREOF, the parties have hereunto set their D,w hands and seals on the date hereinabove first written. O O U vz BOARD OF COUNTY COMMISSIONERS ** 0 WELD COUNTY, COLORADO AT-TEST � -- co U /� 'p�X - Chairman 1O Z D Y EflK & RECORDER F \��R t -BOARD C CC BY.I it Nis if a o � CO CC CO o ZZ PARKLAND HOMEOWNERS 0 ASSOCIATION, INC. o aE By: /-\ `.\-,_.,C..�._X m <* President a .+ ow -4 - mw STATE OF COLORADO ss. COUNTY OF z-, 2/C/ AY{eF;•"£or going was subscribed and sworn to before me in the u '•Yj�¢ : , State o olorado, t is / ,f�i,da of ti;`� , 1984, by7i c ` ;Frei f PARKLAND HOMEOWNERS ASSOCIATION, INC. � . prise ri4s my hand and official/peal. -- �j My/Qmmission expires: cJ�a./ 0 Ire of cob ' 4--I--;jotary Public JTAJB2 -7- DEPARTMENT OF ENGINEERIN LiMb (' PHONE (303; v e: P.O Bea. [q� 3ii, GREELEY. COLORADO 8:;. ,t;,..c - 4.1 ii a .. .„ , • COLORADO September 22 , 1987 Mark Williams Parkland Homeowners Association 4732 Sylvia Lane Erie, CO 80516 RE: Acceptance by the Weld County Engineer of Rue-de-Trust Avenue for Partial Maintenance by Weld County, Colorado. Dear Mr. Williams: It is my understanding that Pue-de-Trust Avenue in the Parkland Estates Subdivision was paved on October 24 , 1986 . The paving of Rue-de-Trust was completed in accordance with the October 17 , 1964, Addendum to the original Subdivision Agreement. Please note that paragraph 5 .3 of the original Subdivision Agreement required the Subdivider to request in writing that the Weld County Engineer inspect the completed streets and accept them for partial maintenance by Weld County. Paragraph 5 .3 goes on to say that nine months after the initial acceptance, the County Engineer then inspects the subject streets and notifies the Subdivider of any deficiencies. If the County Engineer finds that the streets are constructed in accordance with County standards , he then recommends the acceptance of the streets for full maintenance to the Board of County Commissioners of Weld County. Please also note that the second paragraph on page 3 of the Security and Escrow Agreement between the Parkland Homeowners Association, Inc. , and the County of Weld, states the following: "At such time as there is furnished to the County a written certification from licensed consulting engineers showing that Parkland has completed a phase of the asphalt paving as required by the Subdivision Agreement, as amended, the County shall accept the completed phase for partial maintenance as set forth in Section 5 . 3 of the Subdivision Agreement. " • A copy of Section 5. 3 of the original Subdivision Agreement and a copy of the Security and Escrow Agreement are attached hereto. To date, I have received neither the writing as required by Section 5 .3 of the original Subdivision Agreement, nor the written certification from licensed consulting engineers as required on page 3 of the Security and Escrow Agreement. Please be informed that I will require strict compliance with the sections contained in these documents, and therefore, no partial maintenance of Rue-de-Trust Avenue by Weld County will begin unless and until the required writings are received by this office . Please call me at 356-4000, extension 4750 , if you should have any questions concerning this letter. 'erY tr Y \s, Drew Scheltinga Weld County Engineer DS:ss xc: Tom Ayers , Esq. Clanahan, Tanner, Downing & Rnowlton Attorneys at Law 1655 Grant Street Denver, CO 80203 Bruce T. Barker 7 Assistant Weld County Attorney • • 5.3 Acceptance for Partial Maintenance: Upon the completion of the construction of streets within a subdivision according to Weld County Specifications, the Subdivider shall request in writing that the County Engineer inspect said streets and accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters and related street improvements. The County Engineer shall accept streets for partial maintenance for a period of one year. Nine months after initial acceptance, the County Engineer shall inspect the subject streets , and notify the Subdivider of any deficiencies. The County Engineer shall reinspect the streets after notif- ication from the Subdivider that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards , he shall recommend the acceptance of the streets for full maintenance to the Board of County Commissioners. 5.4 Acceptance of Streets for Full Maintenance: Upon receipt of a recommendation from the County Engineer for acceptance of streets. within the subdivision, the Board of County Commissioners shall accept such streets as • public facilities and County Property, and shall be responsible for .the full maintenance of such streets including repair. 6. In addition to those items of work shown either on the final working drawings/specifications , or on the final plat or on the final Unit Development Plans Subdivider shall cause the following matters to be completed as an integral part of the improvements to be installed at Subdivider' s cost: 6.1 The Erie Coal Creek Ditch shall be fenced on both sides with a six foot chain link fence to be completed before the issuance of any building permits , and shall include two gates at each end located.at County Road 3 and County Road 12.x, -4- SECURITY AND ESCROW AGREEMENT NO o u 0 H4 U a THIS SECURITY AND ESCROW AGREEMENT is made and entered into ow 0 3 this 17th day of October, 1984 , by and between THE PARKLAND oa 0. 44. • HOMEOWNERS ASSOCIATION, INC. , a Colorado corporation (hereinafter • called "Parkland") , and COUNTY OF WELD, STATE OF COLORADO, by and N IX through its Commissioners (hereinafter called the "County") . RECITALS w m u 1 . Contemporaneously herewith, the County and Parkland z w have entered into that certain Assumption of Subdivision a Agreement whereby Parkland has agreed to assume and perform the � o obligations of Parkland Estates , Inc. , a Colorado corporation, co m �o, z under that certain Subdivision Agreement dated September 19 , < o • 1977, amended by Addendum recorded Obtober 11, 1978 in Book 847 U a E as Reception No. 1769379; Addendum recorded March 5 , 1979 in Book m cc o861 as Reception No. 1783448; Amendment to Deed of Trust recorded co CO w February 25, 1980 in Book 896 as Reception No. 1817852; Amendment to Deed of Trust recorded May 6, 1982 in Book 967 as Reception No. 1890825; and Escrow Agreement recorded July 11, 1983 in Book 1O01 as Reception No. 1933092 (hereinafter, the "Subdivision Agreement") , providing for, among other things , the construction of certain paved roads within the Parkland Estates Subdivision, Weld County, Colorado. 2. Pursuant to paragraph 7 of the September 19 , 1977, Subdivision Agreement, As Amended, the County has the right, from time to time, to request a security interest in collateral to • • O secure the performance of the obligations under the Subdivision •> 0 Agreement. + O v 3 . As a condition to approval of that certain Addendum to a a the Subdivision Agreement dated October 17, 1984, and as a rw condition to approval of the .Assumption of Subdivision Agreement, a the County has required that certain security hereinafter set forth be received by it to insure completion of of the work to be performed under the Subdivision Agreement. wj WHEREFORE, in consideration of the mutual covenants a O z hereinafter set forth the parties agree as follows: -IEA 1. Parkland is the owner in fee of the real estate c a described in that Deed of Trust for the County's benefit attached DD rw hereto as Exhibit "A" and by reference made a part hereof. 7) z az < Contemporaneously with the execution of this Agreement, Parkland >• shall execute and deliver to the County said First Deed of Trust CC m in the amount of TWO HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED v o m m ""' '-' FOURTEEN AND NO/100ths DOLLARS ($242 , 514 . 00) to be held by the m DA County as security for Parkland' s performance of the remainder of the work to be performed under the Subdivision Agreement as amended. Parkland agrees that the "net sale proceeds" received from the sale of each lot described in Exhibit "A" will be placed in an interest-bearing account to be titled the Parkland Estates Escrow Account. Said Escrow Account shall be opened as soon as practicable after execution of this Agreement and shall require the signature of the Chairman of the Board of County Commissioners and the President of Parkland to accomplish withdrawals. Any minimum deposit to open said Escrow Account -2- • �► shall be furnished by Parkland. The purpose of the Deed of Trust r c and Escrow Account will be to assure the County that Parkland oU will complete the work required by the Subdivision Agreement as amended by Addendum dated October 17 , 1984. For purposes of this D w Security and Escrow Agreement, . "net sale proceeds" shall mean all ' a cash paid to Parkland from the sale of each lot shown on Exhibit n- w c "A" attached hereto less all ordinary expenses of sale and real NJa estate commissions. Excluded from "net sale proceeds" shall be N � any amounts necessary to satisfy any indebtedness incurred by ✓ a Parkland to Frontier Materials, Inc. under that certain agreement ou oz dated August 27, 19S4, -by and between Parkland and Frontier i H Materials, Inc . , any taxes attributable to the lot, and Lcft Hand WC- 4• t.1) > w 712, At such time as there is furnished to the County a written z z certification from licensed consulting engineers showing that Parkland has completed a phase of the asphalt paving as required by the Subdivision Agreement as amended, the County shall accept the completed phase for partial maintenance as set forth in Section 5.3 of the Subdivision Agreement. Upon the acceptance of a completed paving phase for partial maintenance, the County may release to Parkland a portion of the aforesaid Escrow Account according to the recommendations of the Weld County Department of Engineer Services. Upon the acceptance of the street for full maintenance as set forth in Section 5. 4 of the Subdivision Agreement, the County shall release to Parkland all funds in the Escrow Account, and the Deed of Trust attached as Exhibit A. -3- • • Provided, that if Parkland shall fail to complete the asphalt paving of each phase as required by the October 17 , 1984 Addendum to the Subdivision Agreement, then the County may, at '- 0 o o its option, but shall be under no obligation to do so, complete 0 o such phase of paving using the whole or any portion of funds in as the Escrow Account for that purpose; and, the County shall also oo o a be entitled, (without being under any obligation to do so) to in• c4 a foreclose on the aforesaid First Deed of Trust and use the 0 a proceeds derived from said foreclosure to complete such work. N •• ''b Any work completed by the County shall be done in accordance with plans and specifications heretofore previously approved by va co U the County Engineering Department. z If it becomes necessary for the County to complete any of F the work contemplated hereunder, the County shall, prior to p m G., embarking upon completion of such work, give to Parkland, c/o m co rn z Mark Williams, 4732 Sylvia Lane, Erie, Colorado 80516 , written v a notice by Certified Mail , Return Receipt Requested, at least < a Zthirty (30) days in advance of the date on which the County rne4 0 CO intends to commence completion of such work. During the thirty °a G" (30) day period, if Parkland either commences completion of the work or establishes with the County a reasonable schedule for the completion of such work, (reasonable meaning satisfactory to the County' s engineer) the County shall permit Parkland to complete such work and no demand will be made by the County on the Escrow Account, nor shall any foreclosure as allowed aforesaid be commenced. -4- Any excess proceeds , after use for paving by the County of the proceeds in the Escrow Account and those proceeds derived from foreclosure, shall be returned to Parkland. r O 2 . As additional security for the performance of Phase II o0 o of the work required to be performed under the October 17, 1984 cr) O Addendum to the Subdivision Agreement, Parkland also O CO simultaneously herewith delivers to the County an Irrevocable oa cn- w Letter of Credit from the United Bank of Denver, National a 0 Association, in the principal amount of NINETY THOUSAND DOLLARS N a ($90 , 000 . 00) . Said Letter of Credit is attached hereto as ..▪ w Exhibit "B" . If Parkland shall fail to complete the asphalt m 0.4 u paving of Rue De Trust on or before November 1 , 1986, then the ,z-, County may, at its further option, but shall be under no w +▪ � obligation to do so, complete such asphalt paving of Rue De Trust ea by drawing on the Letter of Credit to the extent necessary to mw co z complete the paving after first having exhausted all available z o funds in the Escrow Account, and without the necessity of L.) cc z resorting to foreclosure against the properties described in the a attached Exhibit "A" for that purpose. If it becomes necessary H aw for the County to draw upon the Letter of Credit to complete any of the work contemplated hereunder, the County shall, prior to drawing upon such Letter of Credit, give to Parkland, c/o Mark Williams , 4732 Sylvia Lane, Erie, Colorado 80516, written notice by Certified Mail, Return Receipt requested, at least ten (10) days in advance of the date on which the County intends to draw upon the Letter of Credit. During the ten-day period, after notice is received, if Parkland posts a cash bond with the County -5- in an amount equivalent to the reasonably anticipated draw on the Letter of Credit as estimated by the County Engineer, then the County shall refrain from exercising its rights under the Letter 0 of Credit and shall resort instead to the cash bond under the U same terms and conditions as the Letter of Credit. U 3. The County hereby agrees to subordinate the interest a granted to it by the Deed of Trust attached hereto as Exhibit "A" to the interest or interests, on a phase by phase basis, given by a 0 Parkland to Frontier Materials, Inc. pursuant to the Agreement U a dated August 27, 1984, by and between Parkland and Frontier ix Materials, Inc. To accomplish the subordination of its • 4 ) U interests, the County agrees to execute a Subordination ; H Agreement, for each phase, in the form attached hereto as 4E 1W Exhibit "C" . > 4 . Upon final acceptance by the County of all the streets w oz required to be paved under the Subdivision Agreement as amended N Z by the Addendum dated October 17 , 1984, the County agrees to a Kx release the security granted hereunder for the performance of IN C4) Parkland under the Subdivision Agreement, including any funds D• m remaining in Escrow and its Deed of Trust on all remaining unsold • w lots owned by Parkland within the Subdivision. 5. This Security and Escrow Agreement is intended to replace and supersede all previous escrows, Deeds of Trusts, and other security agreements between the County and Parkland Associates, Inc. and/or Parkland Estates, Inc. To fulfill this intention, the County agrees to execute the attached Releases of Deed of Trust identified as Exhibits "D" and "E" , as well as the -6- savings withdrawal slip for the Escrow Account formerly established at the United Bank of Broomfield, account no. 803062, attached as Exhibit "F" , and any other additional documents - 0 reasonably required in the future to release all security Do ; p interests previously granted to the County as security for the U performance of the Subdivision Agreement. IN WITNESS WHEREOF, the parties have hereunto set their w hands and seals on the date hereinabove first written. O 0 U w ya BOARD OF COUNTY COMMISSIONERS " a WELD COUNTY, COLORADO y w ATTEP.r D Frz �t�• Chairman w `WEDthr6_ CTY BERKDS RECORDER y Ea ��p. f-- V7 L �'')J,,__ �/w �r,,}}__ vey t 0 p/D D W D 2 PARKLAND HOMEOWNERS 44 ASSOCIATION, INC. i < z By: f� � t., k r ` President • m i r, [L STATE OF COLORADO ss. COUNTY OF i7v1 IiCJ ) ¶±. 1 (ieor going was subscribed and sworn to before me in the U 7 ' ;)L , State o colorado, tkiis / ikriay of ti n ' = , 1984, by -7i' _4 4e.�/ `' tiestrdr4fib f PARKLAND HOMEOWNERS ASSOCIATION, INC. 4. pupti'Ep4S my hand and official/peal. My commission expires: .j,1s./' 6 t or `tom ILL 'otary Public JTAJB2 -7- .) It t4t, DEPARTMENT OF ENGINEERINi - PHONE(303)35640( 0 I ' '. P.O. BOX 7', GREELEY,COLORADO 8063 A. s o O COLORADO December 22, 1987 Mark Williams Secretary-Treasurer Parkland Homeowner's Association 4732 Sylvia Lane Erie, CO 80516 Dear Mr. Williams: This is response to your letter concerning Weld County's acceptance of Rue-de-Trust for full maintenance. As mentioned in your letter, the Weld County Engineering Department had contact with the homeowners as well as the contractor during the paving of Rue-de-Trust. According to my records, the last punch list provided was May 14, 1987. At that time, the construction was substantially complete and the majority of corrections noted in the November 13, 1986, punch list had been taken care of. Therefore, we will begin the one-year warranty period from May 14, 1987. In the spring of 1988 a final inspection will be made and if there are any corrections you will be notified. If corrections are required and made, Rue-de-Trust will then be accepted by Weld County for full maintenance. The requirement of Certification by Registered Professional Engineer that Rue-de-Trust was constructed according to specifications will be waived. The expense for a consulting engineer to inspect construction after the fact is not justified at this time. incere Drew L. Scheltinga County Engineer DLS/bf xc:(/Bruce Barker, Assistant County Attorney Subdivision File: Parkland Estates • /,J� 1 A-r�': , � ; /f( / PARKLAND HOMEOWNERS ASSOCI AT0OO N 011 C O 4732 Sylvia Lane Erie, Colorado 80516 November 5, 1987 Drew Scheltinga Department of Engineering Weld County, Colorado P. O. Box 758 Greeley, Colorado 80632 Re: Rue De Trust, Parkland Estates, Request for Full Maintenance. Dear Mr. Scheltinga: In response to your letter of September 22 , 1987 , we were under the assumption that the purpose of your inspection on November 24, 1986 was for acceptance of partial maintenance (even though this was not requested in writing) . At that time the County Engineering Department requested some changes to the culverts and grading, and this was complied with. There is some problems with settling of crossing cuts done by Rocky Mountain Natural Gas Company. The responsibility for this problem has been taken care of with a separate agreement with the gas company. At this time we are requesting that Rue De Trust be accepted for full maintenance by the County. The requirement, that a engineer to be present during the paving to assure that the job meets county requirements, was discussed with Frontier Materials prior to start of the paving. At that time our thought process was that Frontier would notify the Weld County engineering department, and the county would certify the paving. The county was notified by Frontier, (by telephone) and was present, but evidently not aware we were depending on them to satisfy the requirements of the county. We hope that the field observations done by the Weld County Engineering will be adequate to satisfy your requirement. Please call at 665-6980 if you have any questions. For the Homeowners Board, c/ a Mark ) Secretary-Treasurer Parkland Estates —A Residential Air Park “/ _ r� DEPARTMENT OF ENG NEEP.INC tiI f� n.'1 r PHONE;303!356-400' ( P.O. BOX 75F �'' GREELEY.COLORADO 8063: 1;1M B S COLORADO November 24, 1986 Parkland Home Owners Association, Inc. c/o Tom Ayres, Attorney at Law 1655 Grant Street Denver, CO 80203 RE: Paving of Rue-De-Trust in Parkland Estates Ladies and Gentlemen: As you are aware, in order for Weld County to accept partial maintenance of Rue-De-Trust all materials and construction must meet the county's standards . Upon inspecting the road after the recent paving by Frontier Materials, we have established three items that require correction. They are as follows : 1) There were six trench cuts made by Rocky Mountain Natural Gas just prior to the paving. They are across Rue-De-Trust at Kathy Lane, Edie Place, Beverly Lane, Betty Place, Silva Lane and Ann Place. The asphalt over the trenches show significant sinking and cracking. Weld County has performed an analysis of the soils in the trench and field compaction tests, thereby identifying the reason - for the failure. The trenches were backfilled with the native material from the excavation. That material was a highly plastic clay with a high moisture content. Because of its inability to be compacted, the native material should have been discarded and the trenches backfilled with a compactible material . Also, the aggregate base course required underneath the pavement was contaminated by the excavation and was not replaced. Attached are copies of the field reports and laboratory tests. 2) Throughout and the length of Rue-De-Trust the shoulders need to be brought to the top of the asphalt paving with Class 6 aggregate base course. The shoulders shall be built up to match the proposed cross section and compacted. • • Page 2 Parkland Home Owners Association 3) Shoulders need to be constructed to full width adjacent to the asphalt at both entrances from the county roads into Rue-De-Trust. On the east end of Rue-De-Trust the culvert will need to be lengthened to accommodate the shoulder. Items 2 and 3 are safety related and should be addressed as soon as possible. If you have questions please contact me. • .Sincerely, Drew L. Scheltinga County Engineer DLS/bf xc: Commissioner Gordon Lacy Bruce Barker, Assistant County Attorney Rocky Mountain Natural Gas, Darrell Hartigan, 323 5th St. , Frederick, CO 805 Frontier Materials, c/o Wayne Miller, 3600 Hwy 52, Erie, CO 80516 Subdivision File: Parkland Estates Hello