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AUTHORIZE RELEASE OF NOTE
AUSTIN SUBDIVISION SECOND FILING
RANGE 66, TCWNSHIP 5 NORTH, SECTION 14 (NE4NE4) :
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
has been advised that Austin Subdivision, as located in the Northeast Quarter
of the Northeast Quarter (NB4NE4) ) of Section 14, Township 5 North, Range 66
West of the 6th P. M., Weld County, Colorado, more particularly described in a
resolution dated, February 16, 1972, (MB 38:99) , has been annexed to the City
of Greeley, and
WHEREAS, Mr. Austin's counsel, Mr. John P. Donley, has requested by
letter dated, January 10, 1973, the release of a promissory note in the amount of
$7,300.00
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners
of Weld County, Colorado, that they do hereby authorize the clerk to release the
promissory note in the amount of $7,300.00 now being held by the County of Weld,
to Mr. Austin.
The above and foregoing resolution was, on motion duly made and seconded,
adopted by the following vote:
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THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: JANUARY 17, 1973
730970
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JOHN P. DONLEY
ATTORNEY AT LAW
1012 9TH AVENUE
GREELEY, COLORADO 80631
TELEPHONE (3031 356-0966
January 10, 1973
Board of County Commissioners
Weld County, Colorado
9th Avenue & 9th Street
Greeley, Colorado
Attention: Mr. Gil Olson
Re: Austin Subdivision Second Filing
Dear Mr. Olson:
This letter is written pursuant to our most recent conversation.
Ernest R. Austin respectfully requests that the promissory note
in the principal amount of $7, 300. 00 now on deposit with the
County Commissioners be released. This request is made for the
reason that the land described above has been annexed to the City
of Greeley. The note was originally issued to comply with County
requirements regarding construction of improvements.
In view of the fact that the land is now within the City of Greeley,
it is my hope that the County could release the above described
promissory note. Thank you for your cooperation.
Respectfully submitted,
/
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J hn P. Doril y
Attorney at aw
JPD:pm
STATE OF COLORADO si
;COUNTY OF WELD
Filed with the Clerk of the Board
of County Commissicrws
JAN 1 21973
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COUNTY CLERK AND RECOROEn
BY Deputy
.
/- .2 - 79
DATE
Received this date from the Board cf County Commissioners, Weld County, Colorado,
the following:
Demand Note (Promissory)
Dated February 9, 1972
Furnished to Board of County Commissioners, Weld County, Colorado, by
Ernest R. Austin AKA, E.R. Austin as a guarantee of compliance to
Subdivision Agreement Dated February 9, 1972.
Said Note was released by resolution dated: January 17, 1973
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AL
BY:
Title
ATTEST: CnPni
COUNTY CLERK RECORDER
AND CLERK TO THE BOARD
Deputy County Clerk
JOHN P. DONLEY
ATTORNEY AT LAW
1012 9Tw AVENUE
GREELEY, COLORADO 00631
TELEPHONE 13031 356-0966
December 28, 1972
Mr. Samuel S. Telep
County Attorney
220 First National Bank Bldg.
Greeley, Colorado 80631
Re: Austin Sub-Division
Dear Mr. Telep:
Approximately one year ago Mr. Ernest R. Austin presented a
plat to the Board of County Commissioners relative to a sub-division
which he owned on 35th Avenue. At that time the Board of County
Commissioners required Mr. Austin to post a $30, 000.00 performance
bond.
Mr. Austin and the County anticipated that the ground would shortly
be annexed to the City of Greeley. That annexation has been completed.
Furthermore, Mr. Austin has sold the ground.
- Mr. Austin has asked me to correspond with you toward the end of
securing the release of the bond. It is my opinion that in view of the
fact that the ground is no longer subject to the county's jurisdiction
that the bond may be lifted. Additionally, I would point out that the
city of Greeley has no such requirement at the present time and at
the time of the annexation no bonding requirements were established.
I therefore respectfully request that you review the matter toward
the end of allowing Mr. Austin's bond to be released.
I stand ready to assist you in any way possible. Thank you for your
consideration.
Yours very truly, /,l/K _ ,/,_ r`John P. Donley"—
Attorney at Law
JPD:pm
cc: E. R. Austin
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