HomeMy WebLinkAbout970838.tiff RESOLUTION
RE: APPROVE INDEMNIFICATION OF PUBLIC TRUSTEE FOR FULL RELEASE OF
PROPERTY OWNED BY PEDRO RODRIGUEZ AND AUTHORIZE CHAIR TO SIGN
NECESSARY DOCUMENTS
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, as a federal housing administration
approved mortgagee, now desires to effect the release of a Deed of Trust executed by Pedro
Rodriguez, dated November 2, 1978, and recorded November 2, 1978, at Reception
No. 1771786, in the Office of the Clerk and Recorder of Weld County, State of Colorado, said
Deed of Trust securing that certain evidence of debt (Promissory Note) executed by Pedro
Rodriguez on November 2, 1978, in the face amount of$12,693.66, payable to the order of
Weld County Department of Planning Services - Housing Division, acting through the Board of
County Commissioners, Weld County Colorado, and
WHEREAS, Pedro Rodriguez has satisfied the terms of the Promissory Note for the
housing grant by residing in the real property secured by the Promissory Note and Deed of
Trust for over five years, and
WHEREAS, the original Promissory Note secured by said Deed of Trust having been
inadvertently misplaced and not having been found, and
WHEREAS, the provisions of C.R.S. §38-39-102(3)(a) provide that if the original
evidence of debt cannot be produced, the Public Trustee may accept, in lieu of the production
thereof, an indemnification agreement accompanied by a certified copy of an authorizing
resolution passed by the Board of County Commissioners indemnifying the Public Trustee from
any and all damages as a result of issuing such release, and
WHEREAS, said indemnification agreement has been submitted to the Board for
approval and authorization of the Chair's signature thereon, and
WHEREAS, the Board now desires to request that said Public Trustee execute a
Release of said Deed of Trust without the presentation of said Promissory Note for notation of
execution of such Full Release, upon the presentation of the indemnification agreement with
said Public Trustee by the Board which is authorized herein.
970838
LIC_: CA PR0014
RE: INDEMNIFICATION OF PUBLIC TRUSTEE - PEDRO RODRIGUEZ
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Public Trustee of the County of Weld, State of Colorado, is
hereby requested to execute a Release of said Deed of Trust without the presentation of the
original Promissory Note for notation of execution of a Full Release of a Deed of Trust executed
by Pedro Rodriguez, dated November 2, 1978, and recorded November 2, 1978, at Reception
No. 1771786, in the Office of the Clerk and Recorder of Weld County, State of Colorado, said
Deed of Trust securing that certain evidence of debt (Promissory Note) executed by Pedro
Rodriguez on November 2, 1978, in the face amount of$12,693.66 payable to the order of
Weld County Department of Planning Services - Housing Division, acting through the Board of
County Commissioners of Weld County, Colorado.
BE IT FURTHER RESOLVED by the Board that an indemnification agreement of said
Public Trustee by the Board for the purpose of accomplishing said Full Release be, and hereby
is, approved and that the Chair is authorized to sign the same.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of May, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
ftimi
IE r.,�� z`: t1
„o u~ /E eorge . Baxter, Chair
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,s6, ftt,,_ �� my Clerk to the Board //,
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'� 17 > tance L. Ha be , Pro- em
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� i ��eputy CI41 to the Board ����� ar' '
Dale K. Hall
APPR ED AS TO RM: EXCUSED
Barbara J. Kirkmeyer
un A orn y Aly? 2sP/ 10,,c tu ( 0
W. H. Webster
970838
PR0014
VERIFIED INDEMNIFICATION AGREEMENT
TO THE PUBLIC TRUSTEE OF
THE COUNTY OF WELD, STATE OF COLORADO
(Full Release of Deed of Trust)
WHEREAS, the County of Weld, by and through the Board of County Commissioners of
the County of Weld, is a political subdivision of the State of Colorado, and has the authority to sit
as a federally approved housing authority for Weld County,pursuant to C.R.S. § 29-4-501, et. seq.,
and,
WHEREAS, in 1978, said Board of County Commissioners operated such a housing
authority by and through the Weld County Department of Planning Services-Housing Division,and
WHEREAS, said Board of County Commissioners desires to effect the release at this time
of a certain Deed of Trust executed by PEDRO RODRIGUEZ, dated November 2, 1978, and
recorded November 2, 1978, at Reception No. 1771786, in the office of the Clerk and Recorder of
the County of Weld, State of Colorado, said Deed of Trust securing that certain evidence of debt
(Promissory Note) executed by Pedro Rodriguez on November 2, 1978, in the face amount of
$12,693.66 payable to the order of Weld County Department of Planning Services - Housing
Division, acting through the Board of County Commissioners of the County of Weld, State of
Colorado, and
WHEREAS,the indebtedness secured by such Deed of Trust has been fully paid and/or the
purpose of the Deed of Trust has been fully satisfied, and
WHEREAS,the evidence of debt(the Promissory Note)has been inadvertently misplaced
and has not been found, and
WHEREAS, the provisions of C.R.S. §38-39-102(3)(a)provide that if the original evidence
of debt cannot be produced, the Public Trustee may accept, in lieu of the production thereof, an
indemnification agreement accompanied by a certified copy of an authorizing resolution passed by
the Board of Commissioners of the County of Weld, indemnifying the Public Trustee from any and
all damages as a result of issuing such release, and
WHEREAS, the Board of County Commissioners of the County of Weld desires that the
Public Trustee execute a release of said Deed of Trust without the presentation of said evidence of
debt, and
WHEREAS,pursuant to an authorizing resolution, the Board of County Commissioners of
the County of Weld has authorized George E. Baxter,Chairman of said Board,to execute and deliver
the within Indemnification Agreement to the Public Trustee of the County of Weld, State of
Colorado for the purpose of obtaining the release of the above-described Deed of Trust.
Page 1 of 2 Pages
970838
NOW, THEREFORE, it is hereby agreed by and between the Board of County
Commissioners of the County of Weld, State of Colorado, and the Public Trustee of the County of
Weld, State of Colorado, that said Board of County Commissioners hereby indemnifies and holds
harmless said Public Trustee, and all successors, legal representatives and assigns, from and against
any and all loss,damages,costs,charges and liabilities of every kind and nature, including attorneys'
fees,which may be sustained by said Public Trustee for issuing a release of said Deed of Trust at this
time and without the presentation of said evidence of debt to accompany the written request for
release of the Deed of Trust.
Dated this 5th day of May, 1997.
-v,:: „so . : /���G!4 BOARD OF COUNTY COMMISSIONERS
i�r �e ro a tit ty Clerk to the Board WELD COUNTY, COLORADO
ti �'•'
;,.� �J
®� • Deputy I'erk to the Board Ge ge E. Baxter, Chair 05/b5/97
ario
M:\W PFILES\RESo\PUBIND.B TB
Page 2 of 2 Pages
970838
6-1.
CLERK TO THE BOARD
PHONE (970) 356-4000, EXT.4218
FAX: (970) 352-0242
P.O. BOX 758
GREELEY, COLORADO 80632
•
COLORADO
STATE OF COLORADO)
ss
COUNTY OF WELD
I, Donald D. Warden, Clerk to the Board of County Commissioners, in and for the
County of Weld, State of Colorado, do hereby certify that the attached Resolution, is a duplicate
of the original Resolution, Document No. 970838, on file in the Office of the Weld County Clerk
to the Board.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said
County at Greeley, Colorado, this 15th day of May, 1997.
4:01:17, _
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CLERK TO THE BOARD 't`tit: — AMR
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BY: S 729 vie
DEPUTY CLERK TO TH rl:OARD
970838
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