HomeMy WebLinkAbout20174246.tiffRESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF WARRANTY COLLATERAL FOR
MEADOWS ESTATES (PF-1079) - SCHRAGE LIVING TRUST, BY THEODORE
SCHRAGE, TRUSTEE
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 on April 6, 2010, the Department of Planning Services
staff approved PUD (Planned Unit Development) Final Plat, PF #1079 (The Meadows Estates
PUD) for Schrage Living Trust, do Theodore Schrage, 23505 County Road 3, Loveland, Colorado
80537, for five (5) residential lots with E (Estate) Zone uses and 9.4 acres of common open space,
for a parcel of land located on the following described real estate, to -wit:
Lot B of Recorded Exemption, #4042; being part of
the E1/2 NE1/4 of Section 6, Township 4 North,
Range 68 West of 6th P.M., Weld County, Colorado
West of the 6th P.M., Weld County, Colorado, and
WHEREAS, on July 17, 2013, the Board of County Commissioners of Weld County,
Colorado, approved an Improvements Agreement according to policy regarding collateral for
improvements for The Meadow Estates PUD (PF-1079), between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Schrage
Living Trust, by Theodore Schrage, Trustee, with terms and conditions being as stated in said
agreement, and accepted Performance Bond #1089419 from Lexon Insurance Company,
900 South Frontage Road, Suite 250, Woodridge, Illinois 60517, in the amount of $189,150.00,
and
WHEREAS, on August 22, 2016, following a visual inspection and recommendation from
staff, the Board deemed it advisable to partially release said collateral in the form of Performance
�' m� Bond #1089419 from Lexon Insurance Company, 900 South Frontage Road, Suite 250,
m<�i-ki Woodridge, Illinois 60517, in the amount of $189,150.00, and accept warranty collateral in the
mom form of Cashier's Check #786060, from Theodore Schrage, and drawn on First National Bank,
�y w 205 West Oak Street, Fort Collins, CO 80522, in the amount of $28,372.50, and
ma WHEREAS, staff from the Weld County Departments of Public Works and Planning
-
„a Services have conducted a final visual inspection and recommend release of warranty collateral,
t2-2!! and
° m o WHEREAS, upon recommendation of staff, the Board deems it advisable to release said
11-1
m��
7mN collateral.
mm NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
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County, Colorado, that the Cash Collateral, in the amount of $28,372.50 be, and hereby is,
canceled and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
r directed to return said collateral to the appropriate issuing party.
2017-4246
PL2235
CANCEL AND RELEASE COLLATERAL - SCHRAGE LIVING TRUST, BY THEODORE
SCHRAGE, TRUSTEE - THE MEADOWS ESTATES (PF-1079)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of December, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CONTY, COLORADO
ATTEST: Cj aitiiv .x.1o;ti
Julie A. Cozad, Chair
Weld County Clerk to the Board
Date of signature: 0/-/0-h?
Sfeve Moreno, Pro-Tem
Sean P. Conway
Mike Freeman
aarbara Kirkmeyer
4367505 Pages: 2 of 2
01/15/2018 11:26 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder; Weld County, CO
ill raFICKAIIII 'LIAIiMIlifMlak'iiiklvi 11111
2017-4246
PL2235
(lernKnt #66
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item — Partial Release of Collateral and Beginning of Two Year Warranty Period For:
Theodore H. Schrage, Meadows Estates — PF-1079
DEPARTMENT: Public Works DATE: 7/26/2016
PERSON REQUESTING: Evan Pinkham
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Brief description of the ntri s ,� I sCs, .
The Department of Public Works received a request from �� ��'���� Y � � ���'���� � ".��a
p q the applicant's representative, tennis Messner, requesting an
inspection of the property in order to begin the two year warranty period, for The Meadows Estates PUD (PF-1079), located
near CR 3 & State Highway 66, west of the town of Johnstown.
Weld County Public Works Department performed a site inspection, at the above mentioned site, and observed the
following:
® All Public Works related items on Exhibit A, of the Improvements Agreement According To Policy Regarding
Collateral For Improvements Document #2013-1848, have been completed and are found to be acceptable.
Frank Haug/Assistant County Attorney has reviewed the Improvements Agreement and Collateral requirements and
recommends this partial release of collateral.
Weld County Collateral List:
Schrage Living Trust, by Theodore Schrage, Trustee
(2013-1848 PF#1079) Improvements Agreement
Performance Bond #1089419 from Lexon Insurance Co.
Renews Automatically Annually until Release
or 60 days written notice
$189,150.00
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are recommending partial
release of collateral, as shown above from the Weld County Collateral List, in the amount of S 160,777.50. Weld County
will retain a balance of S28,372.50 to serve as Warranty Collateral for a period of two years from the date the Board of
County Commissioners approves this request, and also requests that this item be placed on the next regularly scheduled
BOCC Hearing, as part of the Consent Agenda. Mr. Schrage has submitted replacement/warranty collateral in the form of
a Cashiers Check (11786060) from First National Bank, in the amount of $28,372.50.
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
Approve
Schedule as Regular
Recommendation BOCC Hearing Item Other/Comments:
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1V1:\AGREEMENTS\Road-Improv\2014\2013 Carry-Over\PF-1079 Pass round- S. • i C l --I, ring Reque t 2016 (7-26-16).docx
2017-4246
cia2. 02,t.3
/01,- igc
CLERK TO THE BOARD
PHONE: (970) 400-4217
FAX: (970) 336-7233
P. O. BOX 758
GREELEY, COLORADO 80632
January 25, 2018
SCHRAGE LIVING TRUST, BY THEODORE SCHRAGE, TRUSTEE
23505 WCR 3
LOVELAND CO 80537
RE: Final Cancellation and release of Collateral — Schrage Living Trust, by Theodore
Schrage, Trustee - Meadows Estates (PF-1079)
On December 18, 2017, the Board of County Commissioners approved the cancellation and
release of warranty collateral related to improvements regarding Meadows Estates (PF-1079),
in the amount of $28,372.50. Enclosed is a copy of the Resolution signed by the Board of
County Commissioners and return payment in the aforementioned amount.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 400-4217.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
By:
Tisa Juanicorena,
Deputy Clerk to the Board
J
VVQt. t i.arzt, 'OJO1ODU
INVOICE NUMBER
-OR RFEERENC;F
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InATP
01/12/18
• AMOUNT
28t372.50
DISCO( INT OR
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VVAKH/.N k NUMBER 333Ubb4
ADDITIONAL
AMOUNT
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AMt"l3E !NT
28,372..50
REMOVE DOCUMENT ALONG THIS PERFORATION
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T erny Eight Thou and hr unfired S ...ty we Oar -S and -Fifty. Cents.
PAY'T• THE ORDER OFD
SCHRAGE LIVII'G TRUST
23505 CR 3 •
LCVELAND.CO 7700 t
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OUT OF MONIES IN THE. TREASURY
APPROPRIATED THEREFOR AND
CHARGEABLE To THE ,
*****28,372.50
AIRMAN BOARD OF COUNTY COMMISSIONEi
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Domestic Return Receipt
Dennis R. Messner. P. E.
Consulting Civil Engineer
August 30, 2017
Project No. 1031-GRD-12
Evan Pinkham
Weld County Public Works
1111 'H' Street
Greeley, Colorado 80632
Re: The Meadows Estates P. U. D. - PF-1079, Weld County, Colorado
Dear Evan,
This is to advise that the warranty period for the public improvements associated with
the Meadows Estates P. U. D. is complete.
Therefore, on behalf of the developer, Theodore H. Schrage, I request that the warranty
collateral be released.
If you should have any questions, please feel free to contact me.
Respectfully Submitted,
Dennis R. Messner, P. E.
cc: Ted and Marry Schrage
2015 Buena Vista Place
Telephone: (970) 461-3501 Loveland, Colorado 80538
MEMORANDUM
TO: Evan Pinkham, Public Works
DATE: November 21, 2017
FROM: Hayley Brown, E.I., Development Engineer
SUBJECT: Meadows Estates PF1079 Release of Warranty Collateral
The Department of Planning Services Engineer attended a site inspection on September 5, 2017.
Engineering has no conflicts with releasing the warranty collateral for Meadows Estates PF1079 PUD.
Thank you,
DOCUMENT IS PRINTED ON CHEMICAL REACTIVE PAPER WITH 1NVISISLE FlSERB. AND THE REVERSE SIDE INCLUDES MICROPRINTED ENDORSEMENT LINES
First National Bank
205 West OA Street • Fort Collins, CO 80522.0578
REMITTER:
PAY TO THE ORDER OF:
CASHIER'S CHECK
CHECK 786060
NUMBER:
DATE:
82.28
1070
OVER $IOo,Oao
From: Dennis Messner [mailto:dennis@messnereng.com]
Sent: Monday, December 07, 2015 11:29 AM
To: Richard Hastings
Subject: The Meadows Estates - PUD
Rich,
We finally have the public improvements completed for the subject project.
I would like to meet with you to do a final inspection and begin the warranty period process.
I am available at your convenience.
Thanks,
Dennis R. Messner, P.E.
Consulting Civil Engineer
221 E. 29th Street, Suite 157
Loveland, CO 80538
Office: 970-461-3501
Mobile: 970-402-4360
E-mail: dennis@messnereng.com
COLORADO
Department of Transportation
Transportation Systems
Management @ Operations
Region 4 Traffic Section
10601 West 10th St.
Greeley, Colorado 80634
(970) 350-2148 Fax:(970) 350-2198
14:45
ATTN: Theodore H. Schrage, Trustee
Schrage Living Trust
23505 Weld County Road 3
Loveland, CO 80537
RE: State Highway Access Permit No. 414036, Located on Highway 060, Milepost 1.783,
in Weld County
Dear Permittee or Applicant:
The Colorado Department of Transportation has inspected your permit no. 413108.
The work has been ACCEPTED with seeding to be monitored as weather warms.
If you have any questions or need more information, please contact me at the office
listed above.
Respectfully,
Bruce Barnett
Region 4 Access Inspector
4201 E Arkansas Avenue, 3," Floor, Denver, Colorado 80222 P 303.757.9654 F 303.757.9219 www.coloradodot.info
STATE OF COLORADO
Bill Owens, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
Bruce McCloskey, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
February 18, 2005
Weld County Planning
Michelle Martin
918 10th Street
Greeley, CO 80631
Subject: Schrage Living Trust, case number RE -4042
Dear Michelle:
Weld CO3i'iy Pian.n; , �� ^eriment
Gi,EEL - CFJ
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FEB 2 ?005
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For Wildlife -
For People
The Colorado Division of Wildlife has checked and reviewed the subject property and proposed development as to
potential impacts on wildlife. The parcel is currently agricultural land and generally cannot be considered as
critical habitat for any wildlife species. The Lake Ditch, although a man-made waterway, provides a riparian
corridor with associated riparian species near the south end of the property and a small wetland appears to be
located near the south end of the property as well. This corridor and related vegetation should be maintained to
provide habitat for wildlife.
An irrigation ditch also runs along the east side of the proposed development. All willows, cottonwoods, and other
native riparian habitat should be left undisturbed as well as the dead wood and trees in this area. For the Francisco
Garcia Estate Lots on the east side of this irrigation ditch, a 75 foot buffer was established on the ditch for Open
Space. Clustering of houses and development on the west side of the Schrage Property would provide a more
substantial buffer for this riparian area. Increasing the buffer to 100 feet would provide additional buffer.
According to the Colorado Division of Wildlife Natural Diversity Information Source Map for Weld County, the
area provides winter range for bald eagles, foraging areas for ducks and geese, and is within the overall range for
pheasant and mule deer and white-tailed deer. Coyote, fox, raccoon, skunk, songbirds, other raptors and
herptofauna may also occur in this area.
Upon disturbance of any areas, noxious weeds should be monitored and controlled. Homeowners should also be
aware that planting trees, shrubs and other herbaceous plants may attract wildlife. Subsequently, ornamental
landscaping may be damaged by wildlife. Homeowners will need to be responsible for damages incurred and will
not be eligible for any reimbursement by the Colorado Division of Wildlife.
Homeowners should be made aware of the presence of native predators. Pets should not be allowed to roam free.
All domesticated livestock and farm animals should be secured with wildlife proof fencing appropriate for the
species being raised. Pets as well may negatively interact with wildlife even on the home -sites and homeowners
will be responsible for handling these problems. Homeowners should secure pet and animal feeds, trash
containers, and charcoal/gas grills. Pets should have current shots. All control of nuisance wildlife will be the
homeowner's responsibility with the possible exception of bears and mountain lions.
DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director
WILDLIFE COMMISSION, Philip James, Chair • Jeffrey Crawford, Vice -Chair • Brad Phelps. Secretary
Members, Bernard Black • Tom Burke • Ride Enstrom • Claire O'Neal • Robert Shoemaker • Ken Torres
Ex Officio Members, Russell George and Don Ament
Homeowners should also be aware that hunting may be an ongoing fall and winter activity on lands surrounding
the development. Shooting will occur normally in the early mornings until dark on these areas. The sounds of
gunfire may be somewhat distracting, yet should be noted to the potential owners and developer.
Thank you for your consideration of these comments. If you have any questions regarding these comments, please
contact District Wildlife Manager Suzanne Kloster at 303-485-0593.
Sincerely,
Tom
Scott Hoover
Northeast Regional Manager
Cc: Suzanne Kloster
I I11111IMIMGII Nll1�11111 roItlII IN 1Nl
979 1 of 1 R 6.00 D OA ) Stye Mow perk A Recorder
CONSOLIDATED CHRISTIAN/CONNORS LATERAL DITCH COMPANY
2932 South County Road 7
Loveland, Colorado 80537
March 19 2004
To Whom It May Concern:
PT F2NE4 6-4-68 LOT B REC EXEMPT RE 2509 (.69R4D7RFS) Srrus: 86660 HWY WELD 0
SC RAGE LIVING TRUST
866 STATE HWY 60
LOVELAND, Co 8O537
THEODORE H. SCHRAGE TRUSTEE
RE: Ted Schrage Property SCHRAOE UVING TRUST
0888 STATE HWY. 80
LOVELAND. CO 8053T-8217
This letter will confirm that the Consolidated Christian/Connors Lateral Ditch Company has
abandoned the ditch that ran north from the Consolidated Home Supply Ditch and Reservoir
Company Ditch to State Highway 60 thru Mr. Schrage's property.
-4.
Rodney boson
President
STATE OF COLORADO
County of Larimer
..y
Minerva. Lee
Secretary
The foregoing instrument was acknowledged before me this 4O day of March, A.D. 2004,
by Rodney Johnson and Minerva G. Lee.
Witness my hand and SEAL My co
Buzz Sawyer
Commission Expires: 02-04-08
712 Whalers Way, #A100
Fort Collins, Colorado 80525
Dennis R. Messner. P. E.
Consulting Civil Engineer
March 18 2016
Project No. 1031- GRD - 12,.
l ch Hastings, Inspector
Weld County Engineering
1111 ""H' Street
Greeley, Colorado 80632
The Meadows Estates P.U.D. - PF-1O79, Weld County, Colorado
Dear Mr. Hastings:
am forwarding the following documents for your` information and use.
ion Test Report for waterline installation and road subgrade.
2. Letter stating that Century Link facilities are in place. and ready for service
3. E-mail flu ' Poudre Valley R. E. A. stating that electric facilities are in plane andready for
eICIE
APR 0 8 :V
Wela
rublic Works Dep,
4. E-mail from Berthoud Fire Protection District stating that the fire hydrantsin the . s.
development had been tested and that they meet the minimum requirements.
5. L-ettet from Little Thompson Water District stating that the sub" jet development's water syste
had been in installed and tested and that the Little .Thompson Water.District had accept the
improvements and that all fees had been paid.
:6. Letter from the Colorado Department of Transportation stating that the work performed in.
conjunction with Access Permit No. 413108 had been accepted by C.D.O.T.
7. Record Drawings of as -built road, culverts and water system.
8, Warranty collateral in the form of a Cashier's Check in the amount of $28,372.50.
I sincerely appreciate your time and consideration in the review of this project If you should haw
any questions, please feel free to contact this office:
ce: Ted Sciirage
221 East 291° Street, Suite 157
Telephone: (970) 461-3501 w Loveland, Colorado 80538
Hello