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HomeMy WebLinkAbout900951.tiff 10L223Ob21 • i12417/90 RESOLUTION RE: ACCEPT CERTAIN ROADS IN PARKLAND ESTATES 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 Board of County Commissioners and the Parkland Homeowners Association, Inc. , entered into an Agreement dated October 17 , 1984 , and recorded at Book 1049 , Reception No. 01988863 , in the office of the Weld County Clerk and Recorder, wherein the Parkland Homeowners Association, Inc. , agreed to pave several streets and cul-de-sacs in the Parkland Estates N o Subdivision, including Anne Place, Sylvia Lane, Barbara Circle, o U Doris Circle, Betty Place, Beverly Lane, Bonnie Circle , Della Court, Edie Place, Cathy Lane, Sandy Circle, and Clemma Court, and �o v WHEREAS, said streets and cul-de-sacs are located within the A Parkland Estates Subdivision which is situated in the North Half, 0 3 Section 5 , Township 1 North, Range 68 west of the 6th P.M. , Weld County, Colorado, and oa A WHEREAS, on December 18 , 1989 , the Board of County o Commissioners accepted said streets and cul-de-sacs for partial W maintenance, and sr g - o WHEREAS, in accordance with Section 5 .4 of the original X Subdivision Improvements Agreement between Weld County and the z Parkland Homeowners Association, Inc. , dated September 19 , 1977, a o the streets and cul-de-sacs within the subdivision shall be accepted by the Board of County Commissioners for full maintenance °' 4 upon receipt of a recommendation from the Weld County Engineer, o H and ~ a WHEREAS, the Weld County Engineer has certified that said .+ 5 streets and cul-de-sacs in the Parkland Estates Subdivision have =41 been paved and meet County standards for the purpose of acceptance z for full maintenance. NZ o NOW, THEREFORE, BE IT RESOLVED by the Board of County u a Commissioners of Weld County, Colorado, that the following streets w and cul-de-sacs known as Anne Place, Sylvia Lane, Barbara Circle, x Doris Circle , Betty Place, Beverly Lane, Bonnie Circle, Della o Court, Edie Place, Cathy Lane, Sandy Circle, and Clemma Court, N o located in Parkland Estates Subdivision, Weld County, Colorado, " a be, and hereby are, accepted for full maintenance as public roads CO w by the County of Weld, Colorado. Q 900951 • • Page 2 RE: FULL MAINTENANCE - PARKLAND ESTATES The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D. , 1990 . BOARD OF COUNTY COMMISSIONERS ATTEST: Ai , ��� �4 ( WEL UNTY, COL DO Weld County Clerk t the Board � � ene R. Brantner, Chairman BY;_ ,�.� E Lee uty C1eY$ the Board t/ .a ,� 4 ..„,,.. r * AO a fennedy, ro-Tem ROVED? S TO FORM: Constance L. Hhr er ounty Atto ney � / 0o C. W. Kirlby i NO / U , Q Gordent a a oa nW n a 0 o W .41 C4 N .. 4f 1/40 T-Ix a w 04 rnU al2 e-I H ---W o E+ .-4 u) a w Ha NW LO Z O ri 2 N2 N4 O N U W a O N CO O N O ri O GO W 900951 AK2079112 III • AR2230966 B 1280 REC 02230988 10/24/90 13: 58 X0.00 1/003 F 0787 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ASSUMPTION OF SUBDIVISION AGREEMENT THIS ASSUMPTION OF SUBDIVISION AGREEMENT is made and entered into this day of November, 1984, effective the 17th day of October, 1984 , by and between THE PARKLAND HOMEOWNERS ASSOCIATION, INC. , a Colorado corporation (hereinafter called Ta "Parkland") , PARKLAND ESTATES, INC. , a Colorado corporation, PARKLAND ASSOCIATES, INC. , a Colorado corporation, and COUNTY OF WELD, STATE OF COLORADO, by and through its Commissioners (hereinafter called the "County") . RECITALS gip ,;x 1. On September 19, 1977, the County and Parkland Estates, C c4�. n Inc. , a Colorado corporation, entered into a Subdivision o-2g Agreement providing for, among other things, the construction of n. certain paved roads within the Parkland Estates Subdivision, Weld p . 4I County, Colorado. T E 1-3 2 � 2. Following the execution of the original Subdivision Agreement, Parkland Estates , Inc. , from time to time, has requested, and the County has granted, extensions of time within oR which to complete the construction of said paved roads. The last n. t o of said extensions expired July 1, 19 2 tit, construction of �-` said roads is not yet complete. VD���/o�b �o ?Da m VDU, ` 04 am 3 . The parties, by e-,, j1/41,0 of this Assumption of ) c' N a• -•% 0 Subdivision Agreement, des ubstitute Parkland for Parklan ' o`\ "' x Estates, Inc. and Parkl A ciates Inc. for all `purposes in , e� c° p connection with the sion Agreement as amended by that w(„(t- n o- 8 certain Addendum da ; Ober 17, 1984. 4r� 2 - a NOW, THEREFORE, in consideration for the County' s approval 'L c • o z 9 of the October 17, 1984 Addendum to the Subdivision Agreement, 3,' -p_ z , and Parkland' s assumption of all obligations under said amended' S. ° r� Subdivision Agreement, the parties ag s follows: I � c -Y , rn 0 it ,' AGREEME ,W��4Raga � • 1`^ _, 1. Parkland assumes all the dutid n bligns, and is m . , hereby vested with all the rights and privit 80, Parkland ,s Estates, Inc. and Parkland Associates,A in that certain � k :o Subdivision Agreement dated Septembq�.i �[e Wit by and between tj� c a z Parkland Estates, Inc. and Weld CounNy� yado, as said , agreement is amended by the Addendum dated d gEA� 17, 1984 . l\ , ' _ - �, ��� 2. The County hereby consents to the assumption of the k 'F ! < °�n � duties and obligations, the vesting of the rights and privileges � o , a 1 and substitution for both Parkland Associates, Inc. and Parklan a -y. o V '6 �II B 1137 REC 02079112 12/03/86 10: 16 $0.00 1/003 m 0 F 0750 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -16 L v °!C{931 g , -; : b -.y 4111 ` • Estates , Inc. by Parkland under the Subdivision Agreement as amended. 3 . Parkland Estates, Inc, and Parkland Associates, Inc. are hereby forever released and discharged from all obligations and duties under the Subdivision Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date hereinabove first written. BOARD OF COUNTY COMMISSIONERS \-,•,,,. WELD COUNTY, COLORADO /J �_ ATTEST: isP4' . C��eo6 �,�fa ' Ey WELD COUry CLERK & RECORDER Chairman CLfERK 'TO Byj 1_ ! , r ,peg9 my erk s A4 PARKLAND ESTATE , INC. �� By: a. 97 - 7 President PARKLAND ASSOCIATES, INC. 9 By: "O�g-weg,-,77/1-11"1; y President PARKLAND HOMEOWNERS ASSOCIATION, INC. /) By: �\A-c,. 0-ai - President b 1137 REC 02079112 12/03/86 10: 16 $0. 00 2/003 F 0751 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO B 1280 REC 02230988 10/24/90 13: 58 X0. 00 2/003 F 0788 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • 1 • STATE OF COLORADO ) ss. COUNTY OF 42t.tfr(Jic� ) The for going was subscribed and sworn to before me in the YF nt b,f , State //��f Coloraj this ,S,� y day of - � , 1984, by dGG�i � G( �%i�2r . P tlii ehcpf Parkland Estates, Inc. o,-Q-o- : r ,.IBtiOcLi eps my hand and official seal. ' 6 • „ • Maf:RGbmmission expires : Life21 eik o �ae.A-u-LcJ u o\ . Not ry P lic M U STATE OF COLORADO ) ) SS . a COUNTY OF ( L`t/ ) oW 0 � CC The for going was subscribed and sworn to before me in the o C u�}t� y �of A_AL., r/ , State f Colora , t is Siass day of o � c� , 1984 , by / LCD , o Presidenct•,of Parkland Associates, Inc. 10 Pd ,0 H v ` - to 51414pne`'k my hand and official seal. 0 ~ a M tpq ssion expires: c3�a-//, CO a JCiL � CO O . Vh-relf-eA-tx-tU of Z e7 co- o Not is O H W N [� .--I U1 cc STATE OF COLORADO ) N o >�� � � ) ss. � w COUNTY OF �Xi(/N 4c-e-t� ) m o z The for going was subscribed and sworn to before me in the No 4o ty of . , State of Colorad9,, Ir�J,-is ,S day of >' (,f;A'1 �-c-ti� , 1984, by �.. 7'./f-i . CJ C4 a ;President ,,f Parkland Homeowners Association, Inc. ,p1ARy r M N _` �tn4 A my hand and official seal. m '. C, : o "i o dcm PU 'MI emission expires : c_ii/44 mw It o or ct‘' No ry blic � JTAlla 9f -3- B 1280 REC 02230988 10/24/90 13:58 X0. 00 3/003 f, "• '`',' "'`° F 0789 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO tl • 'EPARTMENT OF ENGINEERIN PHONE(303)356-4000, Err. 47 PO. Box 7 GREELEV, COLORADO 806 wimple COLORADO October 23, 1990 James G. Hunzeker Secretary/Treasurer Parkland Homeowners Association 1525 Rue de Trust Erie, CO 80516 Dear Mr. Hunzeker: Weld County has made the final inspections, and accepted for maintenance, the remainder of the streets and cul-de-sacs in Parkland Estates. Attached is a copy of the Commissioners' resolution for your records. Sincerely, l p� �l�a. 424(/ Drew Scheltinga County Engineer DS/mw:mwljamh Encl. cc: Commissioner Kirby Aruce Barker, Assistant County Attorney - Subdivision File - Parkland Estates • RESOLUTION RE: ACCEPT CERTAIN ROADS IN PARKLAND ESTATES FOR FULL MAlNTGNANur. 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 Board of County Commissioners and the Parkland Homeowners Association, Inc. , entered into an Agreement dated October 17, 1984 , and recorded at Book 1049 , Reception No. 01988863 , in the office of the Weld County Clerk and Recorder, wherein the Parkland Homeowners Association , Inc. , agreed to pave several streets and cul-de-sacs in the Parkland Estates Subdivision, including Anne Place, Sylvia Lane , Barbara Circle, Doris Circle , Betty Place, Beverly Lane , Bonnie Circle , Della Court, Edie Place, Cathy Lane, Sandy Circle, and Clemma Court, and WHEREAS , said streets and cul-de-sacs are located within the Parkland Estates Subdivision which is situated in the North Half, Section 5 , Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, on December 18 , 1989 , the Board of County Commissioners accepted said streets and cul-de-sacs for partial maintenance, and WHEREAS, in accordance with Section 5 .4 of the original Subdivision Improvements Agreement between Weld County and the Parkland Homeowners Association, Inc. , dated September 19 , 1977 , the streets and cul-de-sacs within the subdivision shall be accepted by the Board of County Commissioners for full maintenance upon receipt of a recommendation from the Weld County Engineer, and WHEREAS, the Weld County Engineer has certified that said streets and cul-de-sacs in the Parkland Estates Subdivision have been paved and meet County standards for the purpose of acceptance for full maintenance . NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the following streets and cul-de-sacs known as Anne Place, Sylvia Lane , Barbara Circle , Doris Circle , Betty Place, Beverly Lane, Bonnie Circle, Della Court, Edie Place , Cathy Lane, Sandy Circle , and Clemma Court , located in Parkland Estates Subdivision, Weld County, Colorado, be , and hereby are , accepted for full maintenance as public roads by the County of Weld, Colorado. 900951 • • Page 2 RE: FULL MAINTENANCE - PARKLAND ESTATES The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D. , 1990 . BOARD OF COUNTY COMMISSIONERS ATTEST: I1' /4/(41.4Y/( WEL UNTY, COL DO N Weld County Clerk t the Board ene R. Brantner, Chairman BX�Irt zJ Le-,L� eputy Clerk the Board �� Gd'o�ge Kennedy, Pro-Temeleg ROVED S TO FORM: _ Constance L. Har ert ounty Atto ney /e/f/ C. W. Kir`byy, GordS\' T� 900951 C • SH 'ECEI 'T Date a____ _ 5/ 19_1_O_ 0032490 €8 Received From 1 > W Addr oess 23¢ �.O GBH •_ pN 2 wig— For P Dollars $ O � �yv ��' n € ACC•UNT HAW q . AMT. • OF m ACCOUNT -■ CASH -■ O AMT. PAID -. CHECK �� r �_ •, BALANCE DUE ORDER -■ / ORDER -■ BY 1.... • • MEMORAnDum Bruce Barker Wilk Assistant County Attorney Octo er 2, 1990 Data Drew Scheltinga, County Engineer COLORADO From -- Parkland Estates - Acceptance for Full Ma ntenance Subject. The Weld County Engineering Department reinspected the subject streets and cul-de-sacs in Parkland Estates Subdivision. Finding no deficiencies, we recommend the following streets and cul-de-sacs be accepted for full maintenance: Anne Place Sylvia Lane Barbara Circle Doris Circle Betty Place Beverly Lane Bonnie Circle Della Court Edie Place Cathy Lane Sandy Circle Clemma Court This completes all the streets and cul-de-sacs in Parkland Estates. DS/mw:mwmples cc: Commissioner Kirby Subdivision File - Parkland Estates Marc Street, Maintenance-Support Supervisor fie; • OFFICE OF COUNTY ATTORNE PHONE(303)356-4000 EXT.43 P.O. BOX 19 GREELEY,COLORADO 806 WI I es COLORADO October 12 , 1990 Tom Ayers Clanahan, Tanner, Downing & Knowlton, P .C. 1600 Broadway, Suite 2400 Denver, CO 80202 RE: Parkland Estates Subdivision Dear Mr. Ayers : Enclosed herein please find a copy of the memorandum from Drew Scheltinga, Weld County Engineer, concerning full acceptance of the streets and cul-de-sacs located within the Parkland Estates Subdivision. As per Section 4 of the Security and Escrow Agreement dated October 17 , 1984 , the Board will release the Deed of Trust dated October 17 , 1984 , and will authorize the release any remaining funds which are currently held in the escrow account. I imagine that we will be able to complete these details sometime within the next two weeks. If you should have any questions regarding this letter or concerning the full acceptance for maintenance of the streets and cul-de-sacs in the Parkland Estates Subdivision , please feel free to call me at 356-4000 , extension 4391 . Very-truly yours, Bruce T. Barker Assistant County Attorney BTB: sa Enc. << • ! ‘tt OFFICE OF COUNTY ATTORNE PHONE(303)356-4000 EXT.43≤ ≤V 11.11 A P.O. BOX 19≤ GREELEY,COLORADO 806: + • COLORADO October 25 , 1990 Tom Ayers Jack Henderson Clanahan , Tanner, Downing & Knowlton , P. C. 1600 Broadway, Suite 2400 Denver, CO 80202 RE: Parkland Estates Subdivision Dear Messrs. Ayers and Henderson: Enclosed herein please find copies of the following: a. Resolution by the Board of County Commissioners of Weld County, Colorado, accepting certain roads in Parkland Estates for full maintenance. b. Resolution by the Board of County Commissioners releasing collateral regarding Parkland Estates Subdivision. c . Release of Deed of Trust executed by the Public Trustee on October 24 , 1990 , an recorded on that date. d. Assumption of Subdivision Agreement cancelled on October 24 , 1990 . e. Deed of Trust of Public Trustee cancelled by Public Trustee on October 24 , 1990 . With these Resolutions , Releases , and cancelled documents , the Subdivision Agreement and its Addendurms for the Parkland Estates Subdivision should be complete. If you should have any questions regarding any of the documents enclosed herein, please feel free to call me at 356-4000 , Extension 4391 . _yours truly, 1- - --Bruce T. Barker Assistant County Attorney 3TB : sa Enc. xc : Drew Scheltinga, County Engineer Chuck Cunliffe , Department of Planning Services F 0784 MARY ANN t- ..unnoia•�+. --------- - • - I _- . ! REQUEST E•OR RELEASE OE DEED OF TRUST'AND RELEASE October 22, 1990 Date Parkland Homeowners Association, Inc. Grantor(Borrower) County of Weld, State of Colorado Original Beneficiary (Lender) • October 17 , 1984 Date of Deed of Trust November 16, 1984 Recording Date of Deed of Trust Weld County, Colorado County of Recording I Rec. No. 01988865 Reception and/or Film Nos. of Recorded Deed of Trust Reception No. Film No. Book 1049 Book and Page of Deed of Trust Book No. Page No. TO TI IE PUBLIC TRUSTEE OF WELD County(The Public Trustee to which the above Deed of Trust conveys the said property.) I Please execute this release, as the indebted es5 has been (u y pai and/or the terms an conditions of the trust have been fully satisfied. County of Weld, State of Colorado by and through the Board of County Curent Owner and Holder of the Evidence of Debt Secured by Decd of Trust lindenGommissiD rS of We d CO ❑Cy� �i/ m and Title of Age�rr( ref of Current��e ner nd llolder ATTEST: (/a �/i�'(� L-5t.e.�/J� B Signature signature Gene R. Brantner, Chairman By: \S4 r Th _�'nThe* A, Deputy Clerk u iv of Weld y State o Y I e The foregoing request for release was acknowledged before me on uCtp Lc,- 212, I qC//0 (date)by' f-7cne fR . I)rnn+*Y.r', C hell rma,v on Witness My Hand and Seal bc71-,Atf- cf- the.. eo(,kri+7 CfWelC( -�knft [.f ederrcit, hr( aria Ihrot,eltvhYK Roc�dfd rta'_in+`} //'/ (c..LG�C / C.SL�t_d_/'-r.t_, ('Clsvni 4,SI[`rF r� ((' aria_ C�(1(.w1-,r. fll Notary Public �rt !( 4!t f (?_i-(r.9 Date Commission Expires E1pfa 3f Gi rce1C y Co RELEASE OF DEED OF TRUST KNOW ALL MEN,that the above referenced Grantor(s),by Deed of Trust,conveyed certain real property described in said Decd of Trust,to the Public Trustee of the County referenced above,in the State of Colorado to be held in}rust to secure the payment of the indebtedness referred to therein. NOW THEREFORE,at the written request of the legal holder of the said indebtedness, and in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, 1,as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property,and unto the heirs,successors and assigns of such owner or owners forever,all the right,title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, to have and to hold the same,with all the privileges and appurtenances thereunto belonging forever;and further I do hereby fully and absolutely release,cancel and forever discharge said Deed of Trust. OCT 2. q 1990 � �� �rustee by Deputy Public Trustee State of Colorado,County of WELD The foregoing instrument was acknowledged before me on _tG f T � 4 !0 (date)by Witness My Hand and Seal AL4S1F R' Nvr as the • Public Trustee of }[� ��a /• • • WELD County,Colorado. Notary Public!IMF 6, 1992 Date Commission Expires 1020 9th Street, Greetey, CO 80631 i 'If applicable.insert ode of agent or officer and name of current o•ner and holder. • • Original Note and Deed of Trust Returned to: ' . Received by _ Lt-- _. No.911-1.Rev.R )11. of ()I:is}FOI!)(REIFASE)OF DEED OF NIL'S f 9 Bradford Publishing.1743 Waree Si.,Denver,CO 811202—OW)29).250(1—.AYII / T IIIED OF TRUST TO PUBLIC TREE THIS DEED OF TRUST, Made this 17th day of October , 1984 , between PARKLAND HOMEOWNERS ' ASSOCIATION, INC. , the Grantor herein, whose address is 4732 Sylvia Lane , Erie, Colorado 80516 , County of Weld, State of Colorado, and the PUBLIC TRUSTEE of the County in which the property described below is situated, in the State of Colorado, WITNESSETH, The Grantor to secure Grantor ' s performance under that certain Assumption of Subdivision Agreement bearing even date herewith, for the total principal sum of Two Hundred Forty-Two Thousand Five Hundred Fourteen Dollars ($242 , 514 . 00) , N o said performance due to the County of Weld, State of Colorado, o u the beneficiary herein whose address is 915 Tenth Street, � - Greeley, Colorado 80632 , does hereby grant and convey unto said u v Public Trustee the following described property, situate in the County of Weld, State of Colorado, to wit : ca a o w Lots 1 , 12 , 13 , 18 , 20 , 21 , 22 and 23 , Block 1; o a Lots 2 and 3 , Block 2; ,r° (�\�Gnii�`` 3. 1 •fr w Lot 6 , Block 3 ; and G11 1 t M Lots 3 , 5 and 7 , Block 4 , X990 o PARKLAND ESTATES , QCT a 4 w a Subdivision of Weld County. WE r a pNt1r USSEE - L TO HAVE AND TO HOLD the same together with at11Z«� I,mornD�� r+ x appurtenances, in trust nevertheless , that in case of4Ecrei lit • in w the performance of said Assumption of Subdivision Agreement, then d a upon the Beneficiary' s compliance with the notice provisions � contained in that certain Security and Escrow Agreement between ri z the parties bearing even date herewith and upon the Beneficiary ---- a filing notice of election and demand for sale , said Public ricEn Trustee, after advertising notice of said sale weekly, for not a less than four weeks , in some newspaper of general circulation in L, n said county, shall sell said property in the manner provided by a � law in effect at the time of filing said notice and demand, at c z public auction for cash, at any proper place designated in the 0.-) z notice of sale. Out of the proceeds of said sale said Trustee o shall retain or pay first all fees, charges and costs and all u a monies advanced for taxes , insurance and assessments , or on any w ? prior encumbrance , with interest thereon, and pay the amount necessary to complete performance of the Assumption of ch Le, Subdivision Agreement, rendering the overplus (if any) unto the o CO Grantor; and after the expiration of the time of redemption, said Trustee shall execute and deliver to the purchaser a deed to the '\ a w property sold. The Beneficiary may purchase said property or any/ `: part thereof at such sale . Should the Beneficiary hereunder beio 0 `n made a party to any action affecting this Deed of Trust or the \N 4 - title to said property, the Grantor agrees that all court costslm c u ';'\" and a reasonable attorney ' s fee paid by the Beneficiary shall 3- -. ;i�a � become additional indebtedness due hereunder; and the Grantor - �� D does hereby release and waive all claims in said property as a , tc v 0C y homestead exemption or other exemption now or hereafter provides) d, a .;!4 by law. 1 w .r. Whenever used herein, the singular number shall include the a), -0 ' '; ' plural , the plural the singular, and the use of any gender shall! bN ;= 4l t' be applicable to all genders . All of the covenants herein shalli .J c, P ;a� be binding upon the respective heirs, personal representatives , i - 7h0 successors and assigns of the parties hereto. j .- $ � 'Y`- C Should any provision of this Deed of Trust be found to ! - \ ---�`� violate the statutes or court decisions of the State of Colorado l�� Q 6 or of the United States , such provision shall be deemed to be ci• 0 amended to comply with and conform to such statutes and � .a;• h- fsc� decisions . ,,j., a Executed the day and year first above written. (I °�� u �r E �, 1. L' at ° PARKLAND HOMEOWNERS ' ASSOCIATION, INC . I v By: , ,'�t � - a -5. ju`•'� F - - M� President — yu • (Y ei -c ' -f) '9 B 1137 REC 02079110 12/03/86 10 : 04 '$0. 00 1/002 —V u, :4 0 n ° F 0747 MARY ANN FE(E RSTEIN CLERK & RECORDER WELD CO, CO I n � • STATE OF COLORADAII ) • //�n ) ss . COUNTY OF .L�AJAC� ) The foregoing instrument was acknowledged before m�j this /,5.o- day of , 1984 , by � P/t ,t_,n ,ip, 01 Whe.,of Parkland Homeowners ' Association, Inc . �?; : ,;4s my hand and offici 1 peal . ti .r:• Commission expires : L3///X6 p�D L\C' o Notary P LESlic o O o U N• Q U a B 1137 REC 02079110 12/03/86 10: 04 $0 . 00 2 /002 o a F 0748 MARY ANN FETE RSTEIN CLERK & RECORDER WELD CO, CO o a N B 1280 REC 02230987 10/24/90 13 : 27 X0 . 00 3/003 Q a F 0786 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO 0 U W M N .. W � x a c0 w � U l0 l0 ;G • H H• N ti (f) 0. N � U �% L•l CO N m MX MX rt < 0 N U IZ rn � o co A CGa -9- A , ' 311` An B 1280 REG 02230988 10/24 /90 13 : 5E X0 . 00 1 /003 F 0787 NARY ANN FEUERSTEIN CLERK. & RECORDER WELD CO, CO ASSUMPTION OF SUBDIVISION AGREEMENT THIS ASSUMPTION OF SUBDIVISION AGREEMENT is made and entered into this day of November , 1984 , effective the 17th day of October , 1984 , by and between THE PARKLAND HOMEOWNERS ASSOCIATION, INC . , a Colorado corporation (hereinafter called � - "Parkland" ) , PARKLAND ESTATES , INC . , a Colorado corporation, aQ PARKLAND ASSOCIATES , INC . , a Colorado corporation , and COUNTY OF -'. c o" WELD , STATE OF COLORADO, by and through its Commissioners C a (hereinafter called the "County" ) . 71,, N i RECITALS ' J p -rjt x 1 . On September 19 , 1977 , the County and Parkland Estates , n t.�,. o -a Inc. , a Colorado corporation, entered into a Subdivision c..\-1 c. c' .:; g Agreement providing for, among other things , the construction of ` 7,f _ certain paved roads within the Parkland Estates Subdivision, Weld ;.-).—u'.‘: • County, Colorado. 7"-i . .4 c 2 . Following the execution of the original Subdivision - Agreement , Parkland Estates , Inc . , from time to time , has requested, and the County has granted, extensions of time within 5-?\ T o which to complete the construction of said paved roads . The last a,o,� o• of said extensions expired July 1, 19 2 a d th construction of •i- T rd t said roads is not yet complete . n 0 . il46 -,, /�< yo 0 3 . The parties , by er Nix ofthis Assumption of , i `7 i a A a " Subdivision Agreement , des substitute Parkland for Parklan .41 , Estates , Inc. and Parkl nV A ()dates , Inc. for all purposes in 0 ivy, c connection with the b ion Agreement as amended by that v _ C 7, certain Addendum daft@t ober 17, 1984 . G ay d - u � �o: �' NOW, THEREFORE , in consideration for the County' s approval w -- ; o �� u of the October 17 , 1984 Addendum to the Subdivision Agreement, '' z �2� l and Parkland ' s assumption of all obligations under said amended' v Subdivision Agreement, the parties ags as follows : i c c drn n O _ ;' - A G R E E DS E . too �4 gar? , � 1 I J1 /VS 1 . Parkland assumes all the dutie2C�noblig ns , and is : ' hereby vested with all the rights and privileW.0 , Parkland \, Estates , Inc. and Parkland Associates ,A in that certain u. - ) Subdivision Agreement dated SeptembeknMoc 7Wyk- by and between N j ; • ., : Parkland Estates , Inc. and Weld Coun�9)/.6% d�a o, as said tl "a agreement is amended by the Addendum dated Ocg49,2r 17 , 1984 . ' I f c .c 2 . The County hereby consents to the assumption of the y'_ . 1' L : duties and obligations , the vesting of the rights and privileges w {= :, and substitution for both Parkland Associates , Inc . and Parklan ± c y 1O. G i . B 1137 REC 02079112 12/03/86 10 : 16 $0. 00 1 /003 c5c F 0750 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO o - • • 1 Estates , Inc . by Parkland under the Subdivision Agreement as amended . 3 . Parkland Estates , Inc, and Parkland Associates , Inc . are hereby forever released and discharged from all obligations and duties under the Subdivision Agreement . IN WITNESS WHEREOF , the parties have hereunto set their hands and seals on the date hereinabove first written. BOARD OF CCUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST : i -By : ti°—J—r c-1,` WELD COUNT' CLERK & RECORDER Chairman CLERK TO BOAR ( ' /i./ ,Peput.'y h <CEynty '�erk ` PARKLAND ESTATE , � INC . Y President' i/ PARKLAND ASSOCIATES , INC . ,r President // L% PARKLAND HOMEOWNERS ASSOCIATION, INC. President B 1137 REC 02079112 12/03/86 10 : 16 $0 . 00 2/003 F 0751 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO B 1280 REC 02230988 10/24/90 13 : 58 X0 . 00 2/003 F 0788 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) ) ss . COUNTY OF ) The for going was subscribed and sworn to before me in the Cp ntyFcf , State f Colorad , this /616. c, day of � t t ci c� 1984 , by f�[ Pr.4Aiien cpf Parkland Estates , Inc . / '' 10--O-4>- : * •,Jp1 `Wito ss my hand and official seal. ' c : MW'YGbmmission expires : L9/�74,6 co o • ov o Notary Py - lic -no STATE OF COLORADO ) ) ss . a COUNTY OF / tl c� ) D ca D 3 • cW ,, The for-going was subscribed and sworn to before me in the a CptInty of c C/tJ , State ,qf Colora , t lis i5iel, day of u,u o %Ga- x�lwc� 1984 , by N._41-4-r_121, � y/ "/'%`,"a,1, o w ,President^•.of Parkland Associates, Inc . 3a - /' i - ,..5 ,l xvOnE'5s. my hand and official seal. w a Mucpbmrrtission expires : e_54//f // � a JAL o �' Gl �R � uC� O u <,, � - CO 1 H Cr � Nota y Pic , W q F i M w STATE OF COLORADO ) , n ) ss. ' .r, COUNTY OF �( c �� ) ti , ) z The for going was subscribed and sworn to before me in the o ty -of . , State of Colorad} � Y u�c� 1984 , by �� C/ hu % da of PresidenticQg Parkland Homeowners Association, Inc . ` �Jaimt(�negs my hand and official seal . i •'' . V : o 0 - � � cop mission expires : � ..2,14 0r WO---71-74-4--Ac..L_ Notary A blic JTAlla -3- 3 1280 REC 02230988 10/1,90 13 : 58 “0. 00 3.3 F 0789 MARY ANN FEUERSTECLERK & RECORDER WELD CO, CO RESOLUTION RE: ACCEPT CERTAIN ROADS IN PARKLAND ESTATES 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 Board of County Commissioners and the Parkland Homeowners Association, Inc. , entered into an Agreement dated October 17 , 1984 , and recorded at Book 1049 , Reception No . 01988863 , in the office of the Weld County Clerk and Recorder, wherein the Parkland Homeowners Association , Inc. , agreed to pave several streets and cul-de-sacs in the Parkland Estates Subdivision , including Anne Place, Sylvia Lane , Barbara Circle , Doris Circle , Betty Place, Beverly Lane , Bonnie Circle , Della Court, Edie Place, Cathy Lane , Sandy Circle, and Clemma Court, and WHEREAS , said streets and cul-de-sacs are located within the Parkland Estates Subdivision which is situated in the North Half, Section 5 , Township 1 North , Range 68 West of the 6th P .M. , Weld County, Colorado, and WHEREAS , on December 18 , 1989 , the Board of County Commissioners accepted said streets and cul-de-sacs for partial maintenance, and WHEREAS , in accordance with Section 5 .4 of the original Subdivision Improvements Agreement between Weld County and the Parkland Homeowners Association, Inc. , dated September 19 , 1977 , the streets and cul-de-sacs within the subdivision shall be accepted by the Board of County Commissioners for full maintenance upon receipt of a recommendation from the Weld County Engineer , and WHEREAS , the Weld County Engineer has certified that said streets and cul-de-sacs in the Parkland Estates Subdivision have been paved and meet County standards for the purpose of acceptance for full maintenance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado , that the following streets and cul-de-sacs known as Anne Place, Sylvia Lane , Barbara Circle , Doris Circle , Betty Place , Beverly Lane, Bonnie Circle , Della Court, Edie Place , Cathy Lane , Sandy Circle , and Clemma Court , located in Parkland Estates Subdivision, Weld County, Colorado , be , and hereby are , accepted for full maintenance as public roads by the County of Weld , Colorado. 900951 Page 2 RE: FULL MAINTENANCE - PARKLAND ESTATES The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D. , 1990 ._ BOARD OF COUNTY COMMISSIONERS ATTEST:44)/144 11,' //•� /aj[,C e WEL UNTY, COL DO �V Weld County Clerk t the Board � ene R. Brantner, Chairman CBY4\Y im(--rjc t e--) � yeputy Clerk the Board J G o ge Kennedy, Pro-Tem� ROVED S TO FORM: Constance L. Har ert ounty Atto ney 7/� vIt C. W. Kir/Lby , Gor 900951 • • RESOLUTION RE: RELEASE OF COLLATERAL REGARDING PARKLAND ESTATES SUBDIVISION AND AUTHORIZE CHAIRMAN TO SIGN 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 Board of County Commissioners of Weld County, Colorado; Parkland Estates, Inc. ; and the Parkland Homeowners Association, Inc. , executed various agreements and other documents pertaining to the Parkland Estates Subdivision on October 17 , 1984 , including the following: a. Addendum to Subdivision Agreement, by and between the Board of County Commissioners and Parkland Estates , Inc. , recorded at Book 1049 , Reception No. 01988863 , in the office of the Weld County Clerk and Recorder; b. Instrument of Assumption, executed by the Parkland Homeowners Association , Inc. ; c. Security and Escrow Agreement, by and between the Board of County Commissioners and the Parkland Homeowners Association, Inc. , recorded at Book 1049 , Reception No. 01988864 , in the office of the Weld County Clerk and Recorder. WHEREAS , the Board of County Commissioners has accepted certain streets , avenues , and cul-de-sacs in the Parkland Subdivision for full maintenance , by Resolution of even date herewith, and by Resolution dated December 14 , 1988 , and WHEREAS , pursuant to Section 4 of said Security and Escrow Agreement, upon final acceptance by Weld County of all the streets required to be paved under the Subdivision Agreement, as amended by the Addendum dated October 17 , 1984 , Weld County is to release security granted for the performance of Parkland under the Subdivision Agreement, including any funds remaining in escrow and any unsold lots owned by Parkland within the Subdivision and which remain in the Deed of Trust, and WHEREAS , all of the streets required to be paved under the Subdivision Agreement, as amended by the Addendum dated October 17 , 1984 , have been paved as of this date and have been accepted for full maintenance . 900950 Page 2 RE: RELEASE COLLATERAL - PARKLAND ESTATES NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Deed of Trust dated October 17 , 1984 , and recorded in Book 1049 , Reception No. 01988865 , in the office of the weld County Clerk and Recorder, is hereby released, and the Chairman of the Board is authorized to sign a Release to be provided to the Public Trustee , and the Board also hereby releases any right, title , or interest it may have to the funds currently held in the escrow account managed by the HTC Escrow Company with funds located at the United Bank of Denver, Account No. 840 476 , which funds shall be paid to the Parkland Homeowners Association, Inc. , pursuant to the said Security and Escrow Agreement dated October 17 , 1984 . The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 17th day of October, A.D. , 1990 . BOARD OF COUNTY COMMISSIONERS ATTEST: ,i I x/4 iiii/WQ�e“.:, WELD UNTY, COLO DO Weld County Clerk t the Board ene R. Brantner, Chairman eputy Clerk to\the Board Geo/ ge Kennedy, Pro-Tem APPROVED S TO FORM: {!/ // ons ance L. arbert ounty Attorney ,� C. w." by �./7 Gordf3 /E' La 900950 Hello