HomeMy WebLinkAbout20143619.tiff RESOLUTION
RE: APPROVE ASSIGNMENT OF RESTRICTIVE COVENANT AND AUTHORIZE CHAIR
TO SIGN -TOWN OF HUDSON
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 has been presented with an Assignment of Restrictive Covenant
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the Town of Hudson, commencing December 7, 2014, with
further terms and conditions being as stated in said assignment, and
WHEREAS, after review, the Board deems it advisable to approve said assignment a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Assignment of Restrictive Covenant between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and the
Town of Hudson be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said assignment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of November, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
t £ CC)tjcn
WELD COUNTY, COLO DO
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ATTEST: w%) W � a��� a £Sfl )
.i►:. %Douglasademacher, Chair
Weld County Clerk to the •I` -'� s_
�� EXCUSED
jBarbara Kirkmeyer, Pro-Tern
•
Deputy 'lerk to the Boa ' j' AYE
Sean P. Conway(
APPROVED AS TO FORM: ` I d U-VL�`3tie-e,--_____-- (AYE)
E����1� r Mike F
F���`Count A ori₹ ney / AYE
i liam F. Garcia
Date of signature: ///c71-4,A2-O/S"
2014-3619
CC CIS '4_ BC0046
ASSIGNMENT OF RESTRICTIVE COVENANT
THIS ASSIG�j]yIENT OF RESTRICTIVE COVENANT ("the Assignment") is made and
entered into this fir day of A/00nt er 2014, by and between the Board of
County Commissioners of Weld County, Colorado ("Weld County") and the Town of Hudson,
Colorado (the "Town") as follows:
WHEREAS, the Board of County Commissioners of Weld County ("Weld County") is
the beneficiary of that Restrictive Covenant by Anacapa Land Company, LLC dated August 5,
2009, and recorded in the records of the Weld County Clerk and Recorder's Office on August
20, 2009 at Reception No. 3643902 (the "Covenant");
WHEREAS, the Property as defined in the Covenant is within certain property that has,
as of December 7, 2014, been finally annexed to the Town of Hudson, Colorado; and
WHEREAS, because the Property is now within the corporate limits of the Town of
Hudson, Weld County desires to assign its right, title and interest as the beneficiary of the
Covenant to the Town.
NOW THEREFORE, in consideration of the foregoing Recitals and the mutual covenants
and promises set forth below, the receipt and sufficiency of which are mutually acknowledged,
Weld County and the Town of Hudson hereby agree as follows:
1. Pursuant to Section 3 of the Covenant, which contemplates assignment of the
Covenant, Weld County hereby assigns all right, title and interest as beneficiary of the Covenant
to the Town of Hudson.
2. The Town of Hudson hereby accepts the assignment of all right, title, and interest
as beneficiary of the Covenant.
[Remainder of Page Intentionally Left Blank]
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Steve Moreno. Clerk and Recorder. Weld County. CO
VIIIM��1l iJ�'I��:tfd;kµ' �ti MkIVA/ABIIII 2014-3619
IN WITNESS WHEREOF,this Assignment is executed by Weld County and the Town as of the
date first above written.
ATTEST:d. +11 r/+ �°�`a COUNTY OF WELD, a political
Weld County Clerk to the B:� � subdivision of the State of Colorado
By: Ifilfito
_ _�
D puty Clerk tithe B � Chair NOV 1 9 2014
Board of County Commissioners
of the County of Weld
APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE:
N/A N/A
Controller Elected Official or Department Head
APPROVED AS TO FORM: N/A
Director Of General Services
County Attorney
STATE OF COLORADO )
1 ) ss.
COUNTY OF Li4J CI )
The above and foregoing signature ofRod,urLQgy as Chair of the Board of County
Commissioners of the County of Weld was acknowledged, subscribed and sworn to before me
this nth day of N/cuvnl)o9t, , 2014.
Witness my hand and official seal.
My commission expires: llika h y it 0 O/g
RAFAELA ALICIA MARTINEZ J Not Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144002878
MY COMMISSION EXPIRES JANUARY 22,2018
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Steve Moreno, Clerk and Recorder, Weld County, CO
■IIIIPPARIL,11 1h+reMIRMCY l4','1I I Ill III oho/¢--3b/1
•
'AGO
tS1O
A'1 TE O TOWN OF HUDSON,a municipal
PQ corporation of the State of Colorado
G � R
By:; MA.? ! B ct.q �c
(Li nette Barker, CMC Town Clerk Raymona Patch, Mayor
STATE OF COLORADO ) f'
I ) ss.
COUNTY OF Ide�cl ) .
The above and foregoing signature of Raymond Patch, as Mayor of the Town of I-Iudson,
Colorado was acknowledged, subscribed and sworn to before me this ,5415 day of
t ,2014.
Witness my hand and official seal. •
•
My commission expires: 4/,27�i7
LINNETTE BARKER .4*:"4 ell v /
NOTARY PUlUC
STATE Of COLORADO
NOTARY
OT R t!o sdot Notary Public
MV CO
•
•
•
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Steve Moreno. Clerk and Recorder, Weld County, CO
■III !�1a� ,1��11r�Kh+E��;�r �,�Jil'��Il�'�M'��11 '�Y��,� VIII!
Rafaela Martinez
From: Bruce Barker
Sent: Tuesday, November 18, 2014 11:36 AM
To: CTB
Subject: FW: Town of Hudson -- Restrictive Covenant
Attachments: Assignmnt of Restrictive Covenant-1.doc
Can I get this on the Board's agenda for tomorrow?
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, ext.4390
Fax: (970) 352-0242
1 / µ
r l
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From: Corey Hoffmann (mailto:CYH@hohclaw.com]
Sent: Friday, November 07, 2014 12:32 PM
To: Bruce Barker
Cc: 'Joe Racine'
Subject: Town of Hudson -- Restrictive Covenant
Bruce,
As a follow up to our conversations of a couple of months ago,the Town of Hudson on Wednesday night November 5,
2014 approved the annexation of the Lloyd Land property. Attached is a proposed assignment of the Restrictive
Covenant. Please review and let's discuss next week at your convenience. Thanks in advance.
Corey
Corey Y. Hoffmann
Hayes, Phillips, Hoffmann & Carberry, P.C.
Direct: (303) 951-2094
Main: (303) 825-6444
1
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