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HomeMy WebLinkAbout981187.tiff RESOLUTION RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR USE BY SPECIAL REVIEW PERMIT#908, LAKU LANDING - YASTROW/ HOCKING WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, by Resolution dated May 23, 1990, the Board did approve a Site Specific Development Plan and Special Review Permit#908 for Philip Yastrow and Randall Hocking, P.O. Box 332, Windsor, Colorado 80550, concerning property described as: Part of the S'/ of Section 20, and part of the N'/ of Section 29, all in Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, pursuant to said resolution, a Surety Reclamation Bond #5698355 with Safeco Insurance Company of America, in the amount of$14,506.47, was submitted to Weld County, and WHEREAS, upon the recommendation of Department of Planning Services staff, the Board deems it advisable to release said collateral. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Surety Reclamation Bond #5698355 with Safeco Insurance Company of America, in the amount of$14,506.47, be, and hereby is, cancelled and released. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return said collateral to the appropriate issuing party. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: G ;C``, �' � �;•�:.:c;C�� EXCUSED DATE OF SIGNING (AYE) Weld County Clerk t Constance L. Harb rt, Chair) D p le bid de BY: bster, Pro-Tem Deputy Clerk to thy r, : j r �+►� Geor E. Baxter APP FORM: Dale K. Hall Atto ney EXCUSED DATE OF SIGNING (AYE) CC: PL . CA ' Fr' Barbara J. Kirkmeyer ya i► y! 9 I IIIIII IIIII i111IMII lll11111111111111 III BE IIII IIII 2628698 07/27/1998 04:14P Weld County CO 981187 1 of 1 R 0.00 D 0.00 JA Sukl Tsukamoto PL0689 KitMEMORANDUM To: Board of County Commissioners June 23, 1998 From: Sharyn Frazer, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: Laku Landing request for release of collateral This request comes from Phil Yastrow and Randy Hocking, applicants for a gravel mining, processing, and reclamation for a water ski lake (Part of the S2 of Section 20, T6N, R67W of the 6th P.M., Weld County, Colorado), approved as Case Number USR-908 by the Board of County Commissioners. Weld County holds a $14,507.00 Surety Reclamation Bond #5698355 which was posted for road improvements, landscaping, and reclamation of the site. All work has been completed on the site in accordance with the Improvements Agreement, and Mr. Yastrow requests release of the surety reclamation bond. Staff recommends that the Board release the surety bond in full in the amount of$14,507.00. The County Attorney's Office and Public Works Department support this request for release of the surety bond. Staff recommends that the Board authorize the same. SERVICE,TEAMWORK INTEGRITY,QUALITY 981187 MEMORANDUM TO: Sharyn Frazer, Code Enforcement Officer DATE: June 19, 1998 C. FROM: Don Carroll, Engineering Administrator COLORADO SUBJECT: USR-908; Laku Landing I inspected the approach road at Laku Landing (USR-908) at the request of Sharyn Frazer of the Planning Services Department. This consists of the section of road between WCR 17 and the existing facility which was utilized as a mining and gravel operation but has been reclaimed as ski lakes. There are two distressed areas that need to be repaired due to heavy hauling from the pit. I visited with Sharyn Frazer and Monica Mika-Daniels, Director of Planning Services, and was told collateral has been in place for several years at this location but final release of collateral has never been completed. The Planning Services Department has recommended they monitor the repairs necessary at this facility and will handle the release of collateral. I have marked December 1, 1998, to verify that repairs will be completed this year prior to the asphalt plants shutting down for the season. cc: Commissioner Webster WCR 17 file plan29 Weld County Planning Dept. JUN 2 31998 RECEIVED From: LEE MORRISON To: NORTHDOMAIN.NORTHPOST(SFRAZER) Date: 6/23/98 4 :21pm Subject: LAKU LANDING - RELEASE OF SURETY BOND -Reply Reply requested when convenient no reason not to release >>> SHARYN FRAZER 06/23/98 04 :07pm >>> After inspections, it has been determined that staff would recommend to the Board release of the surety bond held in the amount of 14, 500.00, for Laku Landing. The small repair Don Carroll wishes them to make on the private entrance road is underway. The requirements of the landscaping plan have been met. I wanted to check with you to see if you felt there was any reason not to release the bond in full? This is an old case that the planners let fall thru the crack. Monica has asked me to do the follow-up. Since the expiration date was 7-8-96, Carol Harding says we have to either release it all, or hold on to all of it. DPS sees no reason not to release it Any comments? His PS 98 12: 14p P- 1 Laku Landing Wald Chid Water St Sae Phil Yannow Randy Hocking (303)229-4591 O03(353-3750 r.o.Box 332 Wini,or.W 80550 Monica Daniels-Mika Weld County Department of Planning Services 1400 N. 17th Avenue Greeley,CO 80631 Subject: USR-908 Reclamation Bond Sent via fax: 352-6312 May 29, 1998 Dear Monica: I sent the attached letter almost a year ago, and after many unreturned phone calls from Shani regarding the status of my request,I found that Shani no longer works at Weid County. I left several messages since then for other planners I was referred to,and still there has been no response. I am now paying the bill on this reclamation bond and I hate to keep paying it,even though the work is complete. In fact, I believe that the lack of response in canceling this bond has personally cost me more than$500. Please call me at 970-898-4544 with your assessment of the situation, and your timeline for helping me get the bond canceled. Thanks very much for realizing that I am not as upset as this message might sound, but that I am not real excited about paying more of the bond premiums! Phil Yastrow cc: Randy Hocking Dave Simpson,Connell Resources ii 05/29/98 11:13 TX/RX NO. 1206 P.001 • p. 2 way 29 98 12: 14p q� / Lg�a/kpu Landing l VI/orld C.Laaa Water_St Ste Thu Yastrow Randy rocking (303)2294544 (lea)151-3150 PO Boa 332 Windsor.CO 80550 Shani Eastin Weld County Department of Planning Services 1400 N. 17th Avenue Greeley,CO 80631 Sent via fax: 352-6312 July 1, 1997 Dear Shani: As per our phone conversation today, I am writing this letter to inform Weld County that Connell Resources has fulfilled all of their reclamation obligations at Laku Landing. Please recall that the Mined Land Reclamation Board waived our need for a bond or permit if the County could assure that reclamation would take place. This was the reason that Connell took out the bond. The remaining stockpiles are to be used for homesite construction and road maintenance in the coming years,and are no longer the responsibility of Connell Resources. I believe that the conditions surrounding Connell's reclamation bond are therefore satisfied. We worked with Lee Morrison and Ben Connell when this was first established in 1990, so you may want to consult with Lee. For your information,we have reseeded(or sodded)all of the affected areas, except a parking area that will remain gravel and planted somewhere around 4,000 trees(yes,4000!). I am sure the amount of reclamation done on the property would make any gravel pit owner jealous. We are at a bit of an advantage over typical gravel pits in that we actually use our property for something other than mining. Please let me know if you have arty questions. When you are satisfied, I will inform Connell Resources that they may terminate their bond. Randy Hocking Phil Yastrow cc: Dave Simpson,Connell Resources 05/29/98 11: 13 TX/RX N0. 1206 P.002 Oct. 16, 1997 Carol Hadley PO Box 758 Greeley, CO 80632 This letter is in regards to the reclamation bond for Laku Landings-Policy //5698355. Would you please mail a letter of release to the Linden Ccnpany and send us a copy of same. The Linden Ccnpany 200 So Colorado Boulevard Suite 4000 Denver, CO 80222-7911 Attn: Pam Thank you very much. Sincerley, ducat? /Awe%t Susan Pourchot Accts/Payable • 4305 East Harmony Road, Fort Collins, Colorado 80525 • Fort Collins (970) 223-3151 Denver (303) 623-3151 FAX (970) 223-3191 Equal Opportunity Employer From: CAROL HARDING To: THODGES Subject: LAKU LANDINGS-REQUESTED RELEASE OF COLLATERAL Since I don't know whose case this might be(I think it was Lanell's), I'll let you deal with it. If it should go to someone else,please forward it. I have received a letter requesting release of the reclamation bond(which is past expiration date)for Laku Landings. Approval of collateral was done on August 5f1992. I will fax you a copy of the request, resolution, and Flinancial Warranty Agreement. Please let me know when to put it on the agenda. CC: LMORRISON From: SHANI EASTIN TO: CENTDOMAIN.CENTPOST(KSCHUETT) Date: 2/24/98 6:11 am Subject: Collateral for laku landing-Reply Kim.... I am working on this! Please send me any info....thanks. >» KIM SCHUETT 02/13/98 02:06pm>>> � attached are memos and letters regarding release of this collateral-can 5 you check on this so we can get the paper work going. ti `" thanks for you help happy weekend �� 2-' AR235-'99U RESOLUTION RE: APPROVE FINANCIAL WARRANTY CORPORATE SURETY WITH SAFECO INSURANCE COMPANY OF AMERICA FOR CONNELL RESOURCES, INC. /LAKU LANDING WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and 'WHEREAS; by Resolution dated May 23, 1990, the Board approved a Special Review Permit for gravel mining, processing, and reclamation for Randall Hocking and Philip Yastrow (Laku Landing) , and WHEREAS, Condition of Approval #6 of said Resolution requires a bond to ensure reclamation of the mining operation be provided to the Board, and WHEREAS, the Board has been presented with a Financial Warranty Corporate Surety, and a Continuation Certificate of such, with Safeco Insurance Company of America for Connell Resources, Inc. /Laku Landing, commencing July 8, 1991, and ending July 8, 1993, with the further terms and conditions being as stated in said surety, and WHEREAS, after review, the Board deems it advisable to approve said surety, a copy of which is attached hereto and incorporated herein by reference, conditional upon Randall Hocking and Philip Yastrow signing said surety. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Financial Warranty Corporate Surety, and a Continuation Certificate of such, with Safeco Insurance Company of America for Connell Resources, Inc. /Laku Landing be, and hereby is, approved, conditional upon Randall Hocking and Philip Yastrow signing said surety. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D. , 1992, nunc pro tunc July 8, 1991. nBOARD OF COUNTY COMMISSIONERS ATTEST: A / y�' ,Q;�d WELD COUNTY, COLORADO Weld County Clerk to w the Boa d EXCUSED Geoyge Kennedy, Chairman BY: ��c_9: Deputy Clerk to the Board Constance L. Harbert, Pro-Tem APPROVED AS, T ORM: EXCUSED DATE OF SIGNING (AYE) i :or:;rq . � G County Attorney / W. H. Webster A 1351 REC 02303990 09/18/92 15 : 30 $0 . 00 1/007 F 1186 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920738 i. C G - h 5-t4-1: -GL 0, �c.- ✓GL.[� , . (L_ ;.? FILE No.215 06,10 '98 14:32 ID:WELD CTY GOVT FAX:9703520242 PAGE 1 mEmoRAnaum Wlilt Lanni] Curry, Planning July 2 1990 .... _.. . . .. Drew Schell/Inge, County Engineer CdLOliADQ r tom .. Hocking and Yastrow. USR-908 1 have received n survey pint and a contract of sale between the applicants and Shutts. This information addresses my questions regarding access to Weld County Road 17 and access across the Shut_t.s' property. 1 have no further questions. DS/tmv:prhock cc: Commissioner Kirby Planning Referral Flit) - hocking and Yastrow, IISR-908 Phillip Yastrow ' np:P;tI;; I`'' II N@Iity ,I: jut ; n 19917LL Npld i'r4i Platwle awn:ko 06/10/98 13:41 TX/RX NO.1319 P.001 FILE No.215 06/10 "98 14:32 ID:WELD CTY GOVT FAX:9703520242 PAGE 2 fecif , mEmoRAnDum IL l� Clerk to the: Board 0 �.�� September 27, 1990 Drew YrlrelCinga, o�i. .. . COLORADO County f5 ngineer _ _ hnm Agenda .Item %ubjn:, Please place the following on the Board 's next agenda; Road Maintenance Agreement with hake Landing The original agreement in attached. bS/mw:mwmlake cc: Commissioner Kirby WCR I7 *Me e 06/10/98 13:41 TX/RX NO. 1319 P.002 • FILE No.215 06/10 '98 14:32 ID:WELD CTY GOVT FAX:9703520242 PAGE 4 Post-IF Fax Note 7671 tn,i°t,t,_ 4 , Inapke► / ' To From t..(' 1 1 Aiii'3U9dUU enmoia. A) 'Cu ry, +plvi+, . .7.�i.. 142iu+ai C��/j Phone n Phnnn N Fax ,;'s;:2.. i, :11‘ FaxM jr C)2 ,2.d YL. RESOLTITION RE : APPROVE ROAD MAINTENANCE AGREEMENT WITH LARD LANDING AND N 0 . AUTHORIZE CHAIRMAN TO SIGN o c a WHEREAS, the Hoard of County Commisnioners of Weld County, -N0 Colorado, pursuant to Colorado statute and the Weld County Home 0 Rule Charter, in vented with the authority of adminintering the 9 affairs of. Weld County, Colorado, and WHEREAS, the Board has been presented with a Road Maintenance A- W Agreement with Laku Landing concerning -increased truck traffic p9� along a certain portion of Weld County Road 17 , concerning a Special Review Permit granted to Laku Landing, and D w' WHEREAS, the terms and conditions are as stated in said .. .a Agreement, and 0 ~ WHEREAS, after study and review, the Board deems it advisable hti to approve said Agreement, a copy of which is attached hereto and incorporated herein by reference. :i. z iH NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Maintenance id ' Agreement with Laku Landing be, and hereby is, approved . ' iu BE IT FURTHER RESOLVED by the Board that the Chairman be, and ' hereby is, authorized to sign said Agreement. ' 1 The above and foregoing Resolution was, on motion duly made >' and seconded, adopted by the following vote on the 1st day of October, A.D. , 1990 . n a 1 , - ./ u�i ATTEST: A '' BOARD F COUNTY COMMISSIONERS WEL TTNTY, R.�,ADO N COf y Ir weld Cnunt+ Clerk to the Board ene h. Arrlfttn.er, Chairman HY: DlputyCClef to �4ie hoar Y. ro-Tem APPROVED AS TO FORM: anat.: ee �t6��r.1� Constance Hpa pr- \\.) � c.w. x111111 y ., . 4.. County Atto ney - ('1,0689 9OO888 06/10/98 13:41 TX/RX NO. 1319 P.004 ■ FILE No.215 06/10 '98 14:32 ID:WELD CTY GOVT FAX:9703520242 I,AGE 3 ROAD MAINTENANCE AGREEMENT THIS AGREEMENT. by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and Laku Landing, hereinafter called "Operator", is made and entered into this ill day of /lie bail-• , 1990. N o WHEREAS, Operator has been issued a Use By Special Review Permit for an C. u open-cut gravel mine located in the North Half of Section 29 and the South o_ . Half of Section 20, Township 6 North, Range 67 West of the 6th P.N. , in EN U the County of Weld, Colorado; and o WHEREAS, the truck access for the pit is located on Weld County Road 17, c s approximately 3 miles north of. U.S. Highway 34, and 1000 feet south of the o a Town of Windsor; and IA- Wq c�4 WHEREAS, there will be an increase in truck traffic that could damage O WCR 17 between the truck access and U.S. Highway 34 and/or between the a www truck access and the Town of Windsor. o a ° NOW, THEREFORE, the Operator agrees to repair damage on both lanes of H g WCR 17 between the truck entrance and U.S. Highway 34 and/or between the truck entrance and the Town of Windsor, that is beyond normal wear and m u tear, by asphalt patching potholes, leveling ruts with asphalt, removing in z asphalt from damaged areas and replacing base and asphalt, or other Ca H standard asphalt road repair techniques. The extent of, and technique for H road repair, will be determined by the Weld County Engineer. M m o W IN WITNESS WHEREOF, the partials hereto have duly executed the Agreement o ea the day and year first above written. co k, , N LAKU LANDING BOARD OF WELD COUNTY COMMISSIONERS 0 IBy: By, C-• co LEI ro) al ;t4 Rundall Hocking Gene R. Brantner,,\ Chairman I . .LA iltek ii ATTEST: /T .lip Yastrow li, Wald County CLE1ti BOA$U7 By: iC24 �4df lisr'1 ir .ei z) Deputy Cl6rk to the Board :mwluku . CA('OS®a7 06/10/98 13:41 TX/RX NO. 1319 P.003 il 1116\H": 4;(1 . CLERK TO THE BOARD PHONE (970) 356-4000, EXT. 4227 FAX (970) 352-0242 P.O. BOX 758 915 10th Street Q GREELEY, COLORADO 80632 COLORADO July 24, 1998 PHILIP YASTROW AND RANDALL HOCKING PO BOX 332 WINDSOR, CO 80550 RE: Release of Collateral Dear Mr. Yastrow and Mr. Hocking: On July 8, 1998, the Board of County Commissioners approved the release of Reclamation Bond Number 5698355 issued by Safeco Insurance Company. A copy of the Board's Resolution is enclosed with the original bond. If you have questions or need additional information, please do not hesitate to contact me at (970) 356-4000, Extension 4227. Sincerely, I;;;z /b( L f s GCk Kimberlee A. Schuett Deputy Clerk to the Board cc: file - PL0689 �� o h,4g9 ram From: SHANI EASTIN TO: CENTDOMAIN.CENTPOST(KSCHUETT) Date: 2/24/98 6:11 am Subject: Collateral for laku landing-Reply Kim.... I am working on this! Please send me any info....thanks. >>> KIM SCHUETT 02/13/98 02:06pm>>> a attached are memos and letters regarding release of this collateral-can you check on this so we can get the paper work going. 1/5 thanks for you help LP-- happy weekend ^ et" I!V " �� l From: CAROL HARDING To: THODGES Subject: LAKU LANDINGS-REQUESTED RELEASE OF COLLATERAL Since I don't know whose case this might be(I think it was Lanell's), I'll let you deal with it. If it should go to someone else,please forward it. I have received a letter requesting release of the reclamation bond(which is past expiration date)for Laku Landings. Approval of collateral was done on August 5, 1992. I will fax you a copy of the request, resolution,and Flinancial Warranty Agreement. Please let me know when to put it on the agenda. CC: LMORRISON Mail Envelope Information Subject: Collateral for laku landing Creation Date: 2/13/98 2:06pm From: KIM SCHUETT Created By: CENTDOMAIN.CENTPOST:KSCHUETT Recipients Action Date & Time Post Office NORTHDOMAIN.NORTHPOST Delivered 02/13/98 02:19pm THODGES(TODD HODGES) Domain.Post Office Delivered Route NORTHDOMAIN.NORTHPOST 02/13/98 02:19pm NORTHDOMAIN.NORTHP Files Size Date & Time LAKU 9806 02/13/98 07:04am MESSAGE 164 02/13/98 02:06pm Options Auto Delete: No Expiration Date: None Notify Recipients: Yes Priority: Normal Reply Requested: No Return Notification:: None Concealed Subject: No Security: Normal To Be Delivered: Immediate Status Tracking: Delivered&Opened e CONTINUATION SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA CERTIFICATE 1- - :. - r FIRST NATIONAL INSURANCE COMPANY SAFECO® OF AMERICA r(- - HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 Ian- ._9 SAFECO INSURANCE COMPANY OF AMERICA - Seattle, Washington,Surety upon a certain Bond No. 5698355ilk ,, I' - CY-cil„if ��_..,a dated effective 07/08/ 1991 1` n_ L. 5 (MONTH-DAY-YEAR) onbehalfof CONNELL RESOURCES INC. max ' /s�('-t-L` (PRINCIPAL) ���(. 1 k `�� � and in favor of BOARD OF WELD CO T COMMISSIONER`. <° (OBLIGEE) 0, cry"- c ti ti � does hereby continue said bond in force for the fu e period .\ Ct y'-'' — * N c �/ beginning on 07/08/ 1995 \RED i .-C %/4 /(MONTH-DAY-YEAR) C--Q/ e and ending on 07/08/ 1 6(MONTH-- ,-YEAAmount of bond FOURTEEN T SA FI SEVEN -- DOLLARS ( S14 , 5071 I Description of bond RECAMAT IN N - L A AND I N( Premium: 18 . 0 PROVIDED : That this continuation certificate does not create a new obligation and is executed upon the express condition and provision that the Surety's liability under said bond and this and ail Continuation Certificates issued in connection therewith shall not be cumulative and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the amount of said bond as hereinbefore set forth. Signed and dated on June 13. 1995 (MONTH-DAY-YEAR) 4ki4. SAFE'O I .URANCE COMPANY OF AMERICA giSEAL By / Hansen a� l953�t ATTORNEY-IN- amela J. Q. Registered trademark of SAFECO Corporation. 5-11225/EP 3/90 PRINTED IN U.S.A. i6 �� 951490r -� �7 LDS /1/_X'1 Hello