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Home My WebLink About20140876.tiff RESOLUTION RE: APPROVE AMENDMENT TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) AND FINAL RELEASE OF COLLATERAL FOR PLANNED UNIT DEVELOPMENT FINAL PLAN, PF #594 - TODD MUCKLER, DEBRA EBERL- MUCKLER, AND ELI KREBS 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 September 8, 2004, the Board approved the application of Todd Muckier, Debra Eberl-Muckler, and Eli Krebs, 7288 County Road 54, Johnstown, Colorado 80534, for seven (7) lots with E (Estate) Zone uses and three (3) non- residential outlots on the following described real estate, to wit: Lots A and B of Recorded Exemption #2695; being part of the W1/2 of Section 29, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, on July 18, 2005, the Board of County Commissioners of Weld County, Colorado, approved an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) and a Subordination Agreement for Lakota Lakes Ranch PUD, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Todd Muckier, Debra Eberl-Muckler, and Eli Krebs with terms and conditions being as stated in said agreement, and accepted a Deed of Trust for Lot 1, Lakota Lakes Ranch PUD, dated June 13, 2005, drawn on Community Banks of Colorado, in the amount of $80,000.00, and WHEREAS, staff from the Weld County Department of Public Works has received a request from Todd Muckier, representative, to approve the Amendment to the Improvements Agreement According to Policy Regarding Collateral for Improvements from Public Road Maintenance to Private Road Maintenance, since they have been maintaining the internal roadways since the Subdivision began. WHEREAS, on March 19, 2014 the Board determined that the collateral being held by Weld County is no longer necessary to secure said Improvements Agreement According to Policy Regarding Collateral for Improvements for Public Road Maintenance for Lakota Lakes Ranch PUD, and WHEREAS, upon recommendation of staff, the Board deems it advisable to release said collateral, and WHEREAS, a hearing before the Board was held on the 12th day of March, 2014, at which time the Board deemed it advisable to continue said matter one week, due to the unavailability of one of the necessary signatories. C : Pw �.c R �1 -pL (K 4005260 Pages: 1 of 6 aA-1 03/28/2014 01 :07 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO VIII M��1P:�IL��f�1r4L'tiYrr�l'tYlttY h.��KI�Y�i'lI III III 2014-0876 PL1677 CANCEL COLLATERAL-TODD MUCKLER, DEBRA EBERL-MUCKLER, AND ELI KREBS PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance) be amended to (Private Road Maintenance) between the County of Weld, State of Colorado, by the through the Board of County Commissioners of Weld County, and Todd Muckier, Debra Eberl-Muchker, and Eli Krebs be, and hereby is, approved BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Subordination Agreement and the Deed of Trust for Lot 1, Lakota Lakes Ranch PUD, dated June 13, 2005, from Community Banks of Colorado, in the amount of $80,000.00 be, and hereby is, canceled 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 19th day of March, A.D., 2014. BOARD OF COUNTY COMMISSIONERS LD COUNT LORADO ATTEST:dect.4/) Stj rte_: 4%. QcaINL Do +las ademahe , Chair Weld County Clerk to the Board/ . J /,)�. �.� . ( bars Kirkm- e , Pro-Tem BY: l •� 1a �S:_ I1 .� >♦� �, Depu a Clerk to the BoardAire an P. Conway APP AS TO F M: Mike Fr Fr G' Attorney illiam F. Garcia Date of signature: Sig' IL 4005260 Pages: 2 of 6 03/28/2014 01:07 PM R Fee:$0.00 2014-0876 Steve Moreno Cle rk antl Recorder, Weld Count CoI Y. nil?FAIN II J+Jr1h�'lIP�lrki( Irr'i� hiMI��I III III PL1677 MEMORANDUM . \ )61 1861 TO: Clerk to the Board c � DATE: 3/9/2014 ,�iliv , ' (/ E FROM: Richard Hastings, Public Works Department NiSUBJECT: BOCC Agenda Item - Approve Amendment to Improvements Agreement and Final Release of Collateral For: Lakota Lakes Ranch PUD - (PF-594) Request for Approval of Amendment to Improvements Agreement: The Department of Public Works received a request from the Property Owners representative, Todd Muckier, requesting that the Board of County Commissioners consider approving the Amendment to Improvements Agreement According To Policy Regarding Collateral For Improvements — (Public Road Maintenance), located at CR's 15 & 54, northeast of the town of Johnstown. Weld County Public Works Department reviewed the above-mentioned document and observed the following: • The document will change the documented maintenance of the internal roadways from Public to Private Road Maintenance, as the Property Owners have been maintaining the internal roadways since the Sub-division began. Request for Final Release of Collateral: The Department of Public Works received a request from the Property Owners representative, Todd Muckler, requesting that the Board of County Commissioners approve the final release of collateral in the form of a Deed of Trust (Lot 1, Lakota Lakes Ranch PUD) in the amount of $80,000.00, for the above-mentioned Amendment to Improvements Agreement. Recommendation: The Department's of Public Works and Planning Services are recommending approval of the Amendment to Improvements Agreement According To Policy Regarding Collateral For Improvements (Public Road Maintenance) and the final release of collateral, in the form of a Deed of Trust (Lot 1, Lakota Lakes Ranch PUD) for Lakota Lakes Ranch PUD - (PF-594). pc: Don Carroll, Public Works Kim Ogle, Planning Services M:\PLANNING—DEVELOPMENT REVIEW\—Pre-Acceia Referrals(Old Numbering)\3-Final Plat(PF,MF,MJF)\PF-0594 Lakota Lakes Ranch PUD\Improvements Agreement\Approve Amendment to IA&Final Collateral Release(PF-594)-Lakota Lakes Ranch PUD-MEMO.docx AMENDMENT TO IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS • (PUBLIC ROAD MAINTENANCE) THIS sAMENDED AGREEMENT is made this 14th day•orMarch, 2014,. by and between Todd Niuekler, Debra Ebert and Eli Krebs, whose address is 7142 Lakota Lakes Road, Johnstown,. Colorado hereinafter referred to as "Applicant," and the County of Weld, a.body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, whose address is 1150"O"Stream Greeley, Colorado 80631 hereinafter referred to as"County." • WITNESSETH: WHEREAS,the Applicant is the owner of,the_fo€lowing described property in the County of Weld, Colorado: • LOT A AND B OF RE-2695 BEING PART OF THE W/2 OF SECTION 29,T5N,. R67W OF THE 6 P.M.,WELD COUNTY,COLORADO hereinafter refeimed to as"the Property,"and WHEREAS,County had approved land use permits thr a Planned Unit Development Final, Plan, PF#594 for the Property Owner on September S.2005,and WHEREAS,pursuant to certain Conditions of Approval,.the Applicant agreed to enter into an"Improvements Agreement According to Policy Regarding Collateral for Improvements(Public Road Maintenance)", (hereinafter'referred to•as the "2005 Agreement"),with County,. and.did• • enter into such Agreement.on July 26, 2005, and WHEREAS,. pursuant to the Agreement, the Applicant agreed to complete plete the following improvements(1)install a fire hydrant;(2)install one(I)street sign; (3)complete the installation • of utility facilities for telephone service, gas service-,..electric service and water transfer, and (4) pave the interior street of the subdivision, which road would then be subject to maintenance by County,and WHEREAS, the Final Nat contained inconsistent language stating: "A Homeowners' • • Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance, taxes, and maintenance of openspace, streets private utilities and otter facilities... "and WHEREAS,the Property Owner did complete some of theimprovements described in the 2005 Agreement (as listed above), but did not complete the requirements relating to the •construction or the interior street,as the"as built"plans have not been provided to Weld County, and WHEREAS, the- 2005 Agreement thriller provided that the Applicant shall provide collateral in the form of a.deed of trust on Lot l of the Lakota Lakes Ranch.PUD,to secure the obligation to complete the improvements,.and WHEREAS, the Applicant wishes to have the collateral released on the lot which is /Ji'aG�%N nAC13Y'RLH.4FW76E^S'a9"R4h2CC.KR NYl3 A'R'S:^S RW'3FY.^J.9k^iJt."Tom' "'&^A4 dryi53'rW'dsAsTl.�"�aPh"x..w'KS9"YT V'}Z4R1E��`Yx�:.."5"Ttw—'i.3iL,".4T<^a.�;�..st""tAio 1r'd�'_',T:�X `+S.rt3`_'t'A- ^-ltlendment of Tmnrnvements Agreement for Planned I!nit fevelnnment[i aknta.I ate,Ranch Page 1 4005260 Pages: 3 of 6 03/28/2014 01:07 PM R Fee:$0.00 e)/ Steve Moreno, Clerk and Recorder, Weld Cc.;nty, CO currently encumbered by a Deed of Trust held by Weld County,.and WHEREAS, although the 2005 Agreement stated that County would accept the interior street for maintenance if it was completed as required by County,Property Owner desires to accept full and unconditional responsibility for the maintenance and all future improvements to the interior street of Lakota Lakes Ranch(PF-594), and WHEREAS, County is willing to release the collateral and to approve those improvements which have been completed if County is relieved of all responsibility for future maintenance and road improvements,and WHEREAS, the Property Owner, currently owns all of the lots in the subdivision known as the Lakota Lakes Ranch PF #594, and therefore can consent to the assumption of obligations relating to street maintenance and future street improvements. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto hereby restate and amend paragraph 6.0 of the "Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance)" dated July 26, 2005 as follows: 1. The original Paragraph 6.0 and subparagraphs thereunder stated as follows: 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant, streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the County 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets, curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies The County Engineer shall reinspect the streets ap=t+ r notification from the Amendment of Improvements Agreement far Planned Unit lae.yelopment(akata I.al:es Ranch) Paget 4005260 Pages: 4 of 6 03/28/2014 01:07 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 PrAlrill, wi I4V1 0611''i'041.M Mild i Yrli4i 11111 • • applicant(s) that any deficiencies have been corrected. If the County Engineer • finds that the streets are constructed according to County standards. he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. • 2. The Parties desire to re-state said paragraph and subparagraphs as fbitows: 6.0 No Acceptance of Streets for Maintenance by the County: The parties acknowledge and agree that the Applicant has completed the interior onsite improvements required by the County within the subdivision, to the general satisfaction of the County. However, the Applicant acknowledges that it is unable to provide the County with sufficient information (i.e., "as built" plans), relating to the construction of the street within the subdivision that County requires if it is to accept said street within the Lakota Lakes Subdivision, (Planned Unit Development Final Plan, PF#594), as apart of the County road system and will be maintained and repaired by the County. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option. issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit "B," and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 The applicant shall not request in writing or otherwise that the County Engineer inspect the street and thereafter recommend that the Board of County • Commissioners accept the street for partial maintenance by County. Therefore, the Board of County Commissioners shall not accept said street as a public facility and County property, and shall not be responsible for the full maintenance of said street including repair. 3. Except as amended herein,the parties acknowledge and agree that the remaining provisions of the 2005 Agreement shall remain in full force and effect. The parties further agree that upon execution of this Amended Agreement, the Applicant shall be deemed to have satisfied all requirements set forth in the 2005 Agreement,and County shall request the Public Trustee of Weld County,Colorado to release the Deed of Trust which had been provided by Applicant to secure its obligations. EN WITNESS WHEREOF, the parties hereto have executed, this Agreement on the date first written above. _ Amendment of Improvements Agreement for Planned Unit Development(Lakota Lakes Ranch) Page 3 4005260 Pages: 5 of 6 03/28/2014 01:07 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ` ■!!I MI1 t' 6i��!ll��+.l�k��' I.' Ji iN. 1 M�k�Ly1G�l�tiw�4�h 11111 `xfjCANT:a ,,,,' Ts4duckier. Original Granter /l, etra Eh rl, Original antor Eli Kra s, Original Grantor BOARD OF COUNTY COMMISSIONERS- WELD COUNTY. COLORADO ATTEST: p( '1c?v1A..f Wi , ge� Doug sRade acher. Chair Weld County Clerk to the Board ,c2a La MAR 1 9 2014 BY: \ Deputy Clerk to e Board tt6i O -t.1 1 4005260 Pages: 6 of 6 03/28/2014 01:07 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III kiliti I}IL FahIIII'JICI,IIJI4Illiati 4N.Rrfi!iiiii k 11111 „,fl ,^,w,.. sS,, a+rarxv s.- -sWc, ..:..flVar _ .....ate a- a,WW.«xesr Amendment of Improvements Agreement for Planned Unit Development(Lakota I akes Ranch) s Rs. - a.x..,Page 4 D/ D P2& 1861 - 2011 WELD COUNTY ATTORNEY'S OFFICE P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 WELD._._-COUNTY FAX: (970) 352-0242 March 19, 2014 Susie Velasquez Public Trustee of Weld County, Colorado 1701 23`d Avenue, Suite 250 Greeley, Colorado 80634 RE: Release Deed of Trust Todd Muckler, original grantor Debra Eberl, original grantor Eli Krebs, original grantor Dear Ms. Velasquez: This is a request for a Full Release Deed of Trust. The original Deed of Trust in this matter secured an obligation other than an evidence of debt, and may be released pursuant to the requirements of C.R.S. 38-39-102(5). In this case, the obligations of the obligors have been deemed to have been satisfied by the beneficiary, the County of Weld, State of Colorado, as evidenced by the Resolution of the Weld County Board of County Commissioners. This Release Deed of Trust, the Affidavit of Beneficiary, the Resolution and a check for $15.00, as the processing fee for your office have all been enclosed with this letter. If you require anything further, please call or email me. Yours truly, Stepha ne'L. ``'—� Assistant Weld County Attorney AFFIDAVIT OF BENEFICIARY County of Weld, State of Colorado STATE OF COLORADO ) ss COUNTY OF WELD ) On behalf of the County of Weld, State of Colorado, I, Douglas Rademacher, being of lawful age and first duly sworn upon oath, state and affirm 1. That I, Douglas Rademacher, Chair of the Board of County Commissioners, Weld County Colorado, have full knowledge of the facts set forth below. 2. That Todd Muckier, Debra Eberl, and Eli Krebs, have satisfied all obligations imposed upon them by the Deed of Trust executed June 13, 2005, and recorded August 2, 2005, Recording Number 3308596, and the "Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance)" to which said Deed of Trust referred. 3. That this Affidavit is intended to satisfy the requirements of Colorado Revised Statutes, Sec. 38-39-102(5). By this Affidavit I affirm that the Deed of Trust may be released by the Weld County Public Trustee. Douglas Rademacher. Chair BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO iln/ ugla ademac er The foregoing instrument was acknowledged before me this 19thday of March, 2014, by Douglas Rademacher, as Chair of the Board of County Commissioners, Weld County, Colorado. My commission expires on: y 71)-62" hi amit_ .!.('-e,S � �; •,, Notary Public i DONNA J. :• '_. BECNLER 4 0. MY COMM.EX nr.;..3f‘.'r; 4003120 Pages: 1 of 1 03/19/2014 11:49 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III M��a�KT7rJilh'tiLh�FY�i L4ihK'hl�4H��'lY4rh "Ill Original Note and Deed of Trust Returned to: WHEN RECORDED RETURN TO: Weld County Board of County Commissioners 1150"O"Street P.O.Box 758 Greeley,CO 80632 Prepared/Received by: REQUEST FOR FULL © /PARTIAL ri RELEASE OF DEED OF TRUST AND RELEASE BY HOLDER OF THE EVIDENCE OF DEBT WITH PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO§38-39-102(1)(a),COLORADO REVISED STATUTES krtll, ri aRtitir,2614 Date Todd Muckler,Debra Ebert, and Eli Krebs Original Grantor(Borrower) 7142 Lakota Lakes Road,Johnstown CO 80534-9604 Current Address of Original Grantor, Assuming Party, or Current Owner nCheck here if current address is unknown County of Weld, State of Colorado Original Beneficiary(Lender) June 13,2005 Date of Deed of Trust Date of Recording and/or Re-Recording of Deed August 2,2005 of Trust Weld County 3308597 Recording Information County Rcpt.No.and/or Film No.and/or BooWPage No.and/or Torrens Reg.No. TO THE PUBLIC TRUSTEE OF Weld COUNTY(The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described as: (IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE) • County of Weld, State of Colorado Name and Address of Current Holder of the Evidence of Debt Secured by Deed of Trust(Lender) Bruce Barker,Attorney for County of Weld, State of Colorado, 1150"O"Street,P.O.box, 758, Greeley, Colorado 80632 Name,Title and Address of Officer,Agent,or Attorney of Current Holder ( Signature L uglas Rademacher, Chair Signature DONNA.). °; • Board of Weld County Commissioners I DONNA State of cot nradn ,County ote Lip l l con The foregoing Request for Release was acknowledged before me A N. on March 19, 2014 (date)by* 1 u1• a1)•••`cti:• Douglas Rademacher :: OF G0V ./— AC-a Q/‘, Date Commission Expires Stet-12: I�l *If applicable,insert title of officer and name of current holder Notary Public Witness my hand and official seal RELEASE OF DEED OF TRUST WHEREAS,the Grantor(s)named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein;and WHEREAS,the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the current holder of the evidence of debt; NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is • hereby acknowledgedJ).,as.S e3j, lic Trustee in the County named above,do hereby fully and absolutely release,cancel and forevgr% 'se ge'the Dee3`o`f r erkiott`of the real property described above in the Deed of Trust, tog Jth all ptivileges and app a es eto belonging. r®taper Pu4 cT'ET see.� Date A (PubMARtelu94014 (Public Trustee's Seal) ; W use appropriate label) : * Rga. Del)fa .r'rust Date Susie Velasquez (If applicable:Notary Sedk)Jblic Trustee (If applicable,Name and Address of Person Creating New Legal Description as Required by§38-35-106.5,Colorado Revised Statutes.) ©2009 CPTA. All Rights reserved. Rev.09/09 o �e Co �y. 47 Vet,. •<„? e1ry rest deA oj-19j ry e e 597 tie `16 L DEED OF TRUST C1er 2C C 14 ° awry age Zs d r y 1 S THIS INDENTURE,Made this / day of ' env . ,20a'rbetween Todd ° ro�j O Muckier,Debra Ebert and Eli Krebs,whose address is 7288 CR 54,Johnstown,CO 80534, he ers arty hereinafter referred to as grantor,and the Public Trustee of the County of Weld, State of °a Colorado,hereinafter referred to as Public Trustee, rry WITNESSETH, THAT, WHEREAS, grantor and the County of Weld, State of Colorado (the "Beneficiary") have entered into an Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance)(the "Agreement")attached hereto as Exhibit"A." Pursuant to the terms of said Agreement, grantor is executing this Trust Deed in favor of Weld County,Colorado to secure payment and performance of all improvements as set forth in the Agreement. NOW THEREFORE, the grantor, in consideration of the premises and for the purpose aforesaid, does hereby grant, bargain, sell and convey unto the said Public Trustee in trust forever,the following described property,situate in the County of Weld, State of Colorado,to wit: Lot 1,Lakota Lakes Ranch PUD according to the plat thereof recorded on DV Imo/0 5 at Reception No.33O4(o7t1 in the records of the Weld County Clerk and Recorder also known by street and number as: Vacant Land assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging: In trust nevertheless, that in case of default under the terms of said Agreement, or any part thereof, or in the payment of the interest thereon according to the tenor and effect of said Agreement, or any of them,or in the payment of any prior encumbrances,principal or interest, if any,or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained and may elect to advertise said property for sale, and demand such sale by filing a notice of election and demand for sale with the Public Trustee. Upon receipt of such notice of election and demand for sale, the Public Trustee shall cause a copy of the same to be recorded in the recorder's office of the county in which said property is situated. The Public Trustee shall then give public notice of the time and place of sale by advertisement to be published for four weeks (once each week for five successive weeks) in some newspaper of general circulation at that time published in the county or counties in which said property is located. A copy of such notice shall be mailed within twenty days after the date of the first publication thereof to the grantor at the address given herein,to such person or persons appealing to have acquired a subsequent record interest in said property at the address given in the recorded instrument, and to any other person or persons as may be provided by law. It shall and may then be lawful for the Public Trustee to sell said property for the highest and best price the same will bring in cash and to dispose of the same (en masse or in separate parcels, as the said Public Trustee may think best), together with all the right,title and interest of the grantor,his heirs or assigns therein, at public auction at any place as may be specified by statute and designated in the notice of sale. The Public Trustee shall make and give to the purchaser or purchasers of such property at such sale, a certificate or certificates in writing describing such property purchased, and the sum or sums paid therefor, and the time when the purchaser or purchasers(or other person entitled thereto)shall be entitled to a deed or deeds therefor,unless the same shall be redeemed as is provided by law. The Public Trustee shall, upon demand by the person or persons holding the said certificate or certificates of purchase, when said demand is made, or upon demand by the person entitled to a deed to and for the property purchased at the time such demand is made, the time for redemption having expired, make and execute to such person or persons a deed or deeds to the said property purchased. Said deed or deeds shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and delivered by the said Public Trustee and shall confirm the foreclosure sale and sell and convey to such person or persons entitled to such deed, the said property purchased as aforesaid and all the right, title, interest, benefit and equity of redemption of the grantor, his heirs and assigns therein. The Public Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sale,pay to the beneficiary hereunder or the legal holder of said note the principal and interest due on said note according to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at zero (0%) per cent per annum, rendering the overplus, if any, unto the grantor,his legal representatives or assigns. Said sale or sales and said deed or deeds so made shall be a perpetual bar,both in law and equity, against the grantor, his heirs and assigns, and all other persons claiming the said property, or any part thereof, by, from, through or under the grantor, or any of them. Beneficiary may purchase said property or any part thereof; and it shall not be 1 11111111111 11111 1111 1111111111111 11111 III 11111 1111 IIII i Clause (Page 1 of 3) 3308597 08/02/2005 02:28P Weld County, CO 1 of 3_R_0.00__D 0.00_ Steve Moreno Clerk& Recorder r G®� 21 obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release deed be required,it is agreed that the grantor,his heirs or assigns,will pay the expense thereof. And the grantor, for himself and his heirs, personal representatives or assigns covenants and agrees to and with the Public Trustee,that at the time of the ensealing of and delivery of these presents he is well seized of the said land and tenements in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in the manner and form as aforesaid;hereby fully and absolutely waiving and releasing all rights and claims he may have in or to said lands,tenements,and property as a Homestead Exemption,or other exemption,under and by virtue of any act of the General Assembly of the State of Colorado,or as any exemption under and by virtue of any act of the United States Congress,now existing or which may hereafter be passed in relation thereto and that the same are free and clear of all liens and encumbrances whatever,except and the above bargained property in the quiet and peaceable possession of the Public Trustee, his successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the grantor shall and will Warrant and Forever Defend. Until complete performance of the Agreement,the grantor shall timely pay all taxes and assessments levied on the property, any and all amounts due on account of principal and interest or other sums on any senior encumbrances, if any. Should the grantor fail to insure and deliver the policies or to pay taxes or assessments as the same fall due, or to pay any amounts payable upon senior encumbrances,if any,the beneficiary may make any such payments and all monies so paid with interest thereon at the rate of zero percent(0%)per annum shall be added to and become a part of the obligations secured by this Deed of Trust and may be paid out of the proceeds of the sale of the property if not paid by the grantor.In addition,and at its option,the beneficiary may declare the indebtedness secured hereby and this Deed of Trust to be in default for failure to make any of the payments required by this paragraph AND THAT IN CASE OF ANY DEFAULT,Whereby the right of foreclosure occurs hereunder,the Public Trustee or the Beneficiary or holder of a certificate of purchase, shall at once become entitled to the possession, use and enjoyment of the property aforesaid, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption,if any them be:and such possession shall at once be delivered to the Public Trustee or Beneficiary on request, and on refusal, the delivery of such possession may be enforced by the Public Trustee or the Beneficiary by any appropriate civil suit or proceeding,and the Public Trustee, or the Beneficiary shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there be,and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of the grantor or of the then owner of said property and without regard to t he value thereof, and such Receiver may be appointed by any court of competent jurisdiction upon ex parte application and without notice-- notice being hereby expressly waived--and all rents,issues and profits,income and revenue therefrom shall be applied by such Receiver to the obligations of the Agreement hereby secured,according to the law and the orders and directions of the court. AND,That in case of default in any of grantor's obligations under the Agreement, according to the tenor and effect of said Agreement aforesaid,or any of them,or any part thereof, or of a breach or violation of any of the covenants or agreements herein, by the grantor,his personal representatives or assigns,then and in that case the whole of grantor's obligations hereby secured,may at once,at the option of the legal holder thereof,become due and the said property be sold in the manner and with the same effect as if said indebtedness had matured. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Executed on 41 - Todd MuzPcler Debra Eberl I11111111111IIIIIIIll111111111111111111 III 11111IIII1111 ,r:/� 3308597 08/02/2005 02:28P Weld County, CO Eli Krebs 2 of 3 R 0.00 D_0.00 Steve Moreno Clerk& Recorder No.341B,Rev.7-02. DEED OF TRUST(Public Trustee)Without Due on Sale Clause (Page 2 of 3) State of O .�� County of ON The foregoing instrument was ackn teat bta[or,m this day of e ,20/C6:1,"by 77,4061Nitia.(�� 3t ?'n J Witness my hand and seal. My commission expires z9 , . Notary Public !J _. My L'mn::si q, 2;,.s Aum;d,2'115 _ State of to County of Cae.a t5 s' •, ,9 The foregoing instrument was ackn wledged before me thisday of J„...e-e_.--mop 20� ,by Del,,Vv.-- b en- E CAROL A. Witness my hand and seat HARD E EN%3 My commission expires cFO 1 6 j1/^;° Notary Public rAP State of 0,4,—e,e9 Iffy Cornisska Expires Jm,e 0 2065 County of The foregoing instrument was acknow thy of C,e-eone ,20 O,,7by Witness my hand and seal.My commission expires C 72,4„..L.....4 ...///, /211 f��.F§JulNG Notary Public Name and Address of Person Creating Newly Create Q"slbyscipti nt§3835-100 C.RS.) I 111111 iiIIi 11111 liii 111111 111113111 III 110 llll liii 3308597 08/02/2005 02:28P Weld County, CO 3 of 3 R 0.00 D 0.00 Steve Moreno Clerk_&_Recorder. No.341B.Rev.7-02. DEED OF TRUST(Public Trustee)Without Due on Sale Clause (Page 3 of 3) 4)0 "dS. Co ar��'l ja ra nP da m .° o; rat SUBORDINATION AGREEMENT cZZPr Qr. O CO et?‘S,ny�°dicger C° THIS AGREEMENT, made this /3 day of Sc,2005, by among Weld County, 62 c)o Colorado (the"County"), the owner(the"Owner") of the real property hereinafter a B described and Community Banks of Colorado (the "Beneficiary"); °ar • WITNESSETH THAT WHEREAS,the Owner executed a deed of trust (the"Beneficiary Deed of Trust") dated April 23, 2003 to the Public Trustee of Weld County, State of Colorado, for the benefit of the Beneficiary and which encumbers the following described real property (the "Property"), to-wit: Lots A and B of Exemption No. 0957-29-2-RE-2695 recorded October 31, 2000 at reception number 2803631, being a part of the northwest quarter and the north half of the sourtwest quarter of section 29, township 5 north, range 67 West of the 6th P.M., excepting therefrom subdivision exemption No. 0957-29-2-SE-843, recorded October 31, 2000 at reception number 2803630, County of Weld, State of Colorado to secure a promissory note in the sum of$480,000 dated April 23, 2003, in favor of the Beneficiary, which deed of trust was recorded May 2, 2003 at reception number 3058863 in the official records of the aforementioned County; and WHEREAS, the Owner has now executed a deed of trust(the "County Deed of Trust") and promissory note in the sum of$80,000 dated-r, np_ f3 , 2005, in favor of County payable upon the terms and conditions described therein and which will be recorded in the official records of the County and which will also encumber the Property; and WHEREAS, it is a condition precedent to obtaining approval from the County of the Lakota Lakes Ranch P.U.D. final plan for recording (the "P.U.D.") that the County Deed of Trust shall unconditionally be and remain at all times a lien or charge prior and superior to the lien or charge of the Beneficiary Deed of Trust as it relates only to that portion of the Property which will be known upon platting as Lot 1, Lakota Lakes Ranch, P.U.D. ("Lot 1"); and WHEREAS, the County is willing to approve the P.U.D. fmal plan for recording provided the County Deed of Trust is a lien or charge upon Lot 1 prior and superior to the Beneficiary Deed of Trust and provided that the Beneficiary will specifically and unconditionally subordinate the lien or charge of the Beneficiary Deed of Trust as it relates to Lot 1 to the County Deed of Trust; and WHEREAS, it is to the mutual benefit of the parties hereto that the County approve the P.U.D., and the Beneficiary is willing that the County Deed of Trust shall constitute a lien or charge upon Lot 1 which is unconditionally prior and superior to the lien or charge of the Beneficiary Deed of Trust. 1111111 liii 11111 Ell 111111111111111111 III 11111 IIII lilt 3308598 08/02/2005 02:28P Weld County, CO 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 02o0S-�38' NOW, THERFORE, in consideration of the mutual benefits accruing to the parties hereto and other good and valuable consideration,the receipt and sufficiency of which is acknowledged, and in order to induce the County to approve the P.U.D., it is hereby declared, understood and agreed as follows: (1) the County Deed of Trust, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on that portion of the Property to be known as Lot 1 prior and superior to the lien or charge of the Beneficiary Deed of Trust, (2) the County would not approve the P.U. D. final plan for recording without this subordination agreement, and(3) this subordination agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Beneficiary Deed of Trust as it relates to Lot 1 to the lien or charge of the Lender Deed of Trust. Community Banks of Colorado _i \ by Fr lin J. Gardiner, ranch President Owner a_J,4�✓'' ��--- �%� / Q by State of Colorado County of Arapahoe The forgoing instrument was acknowledged before me this 7th day of June, 2005, by I Franklin J. Gardiner, Branch President of Community Boanks4of Colorado. My commission expires: a-ad 1O7 Viiatemny"Tha4 and seal. •d Nota Public Uri AY/ lO1. State of Colorado m,16-'• s0% '.... ', b' County of a.°'°4444,S B�9aaaaaaaaa,,s The forgoing instrument was acknowledged b ye this.}� `., ay of =-1+- 2004 by A, er D _< a&''ic/; j �r My commission expires: / ci ess myha d and seal. owzY—P L s n Notary Public j__— v% % .. 1111111 11111 11111 IIII 111111 1111111 11111 III 11111 VII IIII m ,• 3308598 08/02/2005 02:2813 Weld County, CO 2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I BOCC STAFF USE Date Set: Time: • BOARD OF COUNTY COMMISSIONERS �p • ,,,,,,_,44. , 1 Ahoortr l Ji�� 'toa `.:ti _ :l -6-, • Je`,aF 17.06-Away --_ _ „;-,,,, wary 28,2014 d 4, Freeman Y, . ,, 4 tf A. P `t irk session? -: Garcia _ Kirkmeyer 4,f.. Rademacher ' - - (?1(ertw.:cd(lYy -55-ant-4wtd .14,-s4-) 111 auuiiiu l IV y Vail atil:alias vim uuaa ai,fraa.a.,.. a.a. .v aav oaaa•.aau ....a�..d: Elizabeth Relford, Stephanie Arries,Kim Ogle,Dave Bauer,Curtis Hall,Tom Parko. Todd Muckler&Debra Eber1-7142 Lakota Lakes Rd.,Johnstown, CO(720)530-5831 Eli Krebs-7162 Lakota Lakes Rd.,Johnstown,CO (970) 535-4546 Brief description of the issue: (please select one) ❑Informational only X Action needed Public Works has received a request from Todd Muckler/Lakota Lakes Ranch Home Owners Association to change the documented maintenance of the internal roa ways from Public to Private Road Maintenance. The Home Owners Association has bccn maintaining the internal roadways since the Sub-division began.Mr.Muckier is also requesting return of the deed of trust for Lot 1, Lakota Lakes Ranch PUD,which was the original posted collateral for the associated Improvements Agreement(Doc.41 2005-2038). The typical process for a partial collateral release for Lakota Lakes,following a positive inspection of the improvements,would be for the applicants to provide Public Works the following: 1) "As-Built"Plans stamped and signed by a Colorado registered Engineer; 2) Statement of Substantial Compliance by a Colorado registered Engineer; I 3) "Warranty Collateral"in the amount of$12,000.00 to be kept for one year. Note: Lakota Lakes Ranch Sub-division Final Plat and HOA Covenants both indicate Private Road Maintenance of the internal roadways. Options for the board: 1. Ask the applicants to follow procedures as described above for a typical collateral release and as further described in the original Improvements Agreement(Doc. #2005-2038). O , L \?y ( `'1 Ask the applicants to enter into a new AMENDMENT TO IMPROVEMENTS ,�`_r t` \-- AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR ' IMPROVEMENTS(PUBLIC ROAD MAINTENANCE),which would change the documented maintenance from public to private,and return the original posted collateral. 3. Other options? BOARD CHAIR USE Results/Outcomes.: BOCC STAFF USE Date Set: Time: Recommendation to the board: The applicants have submitted requested signed documents indicating that all residents of the Lakota Lakes Ranch Sub-division are in favor of the request presented above by Todd Muckier. BOARD CHAIR USE Results/Outcomes: N1861/ CLERK TO THE BOARD txTrE PHONE (970) 336-7215, Ext. 4227 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 COUNTY March 27, 2014 Attn: Todd Muckler 7142 Lakota Lakes Road Johnstown, Colorado 80534 RE: Cancellation and release of Collateral — Lakota Lakes Ranch PUD Mr. Muckler: Attached hereto, please find the Board of County Commissioners Resolution releasing the Deed of Trust for Todd Muckler, Debra Eberl-Muckler, and Eli Krebs (Lakota Lakes Ranch PUD), in the amount of $80,000.00. If you would like a recorded copy of the resolution, please contact our Clerk and Recorders Office at 970-304-6530. I am enclosing the original Deed of Trust, the original Release of Deed of Trust, and the original Subordination Agreement to refund the collateral in the amount of$80,000.00. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4227. Very truly yours, BOARD OF COUNTY COMMISSIONERS By:�.Q 4tdle Donna J. Be er, Deputy Clerk to the Board - '� �$ t e;ra, ' n b o ^. mesRc,Oreffing, •,Insursnce, 'vela •.v! F:r,' Ie lve�,;:in rmab•n�is9t r we•site ai-www ns•s.c•..�, 'v D • Postage $ m Certified Fee OPV&re o Return Receipt Fee ^V& re Required) �/ re Restricted Delivery Fee .. • (Endorsement Required) rs0 fiJ Total Postage&Fees • SentT CI 740191/ylaale/er r- Sfreet,Apt. a., /r7 Li ..�,l(/-7� O� „� or PO Box No 7 K � 4� iL�/ City,State ZIP+4 e21 des, SEN•E':C•M-LETE THIS SECTI•N. C•M•LETE THIS SECTI•N•N'ELIVE-1!-_ ■ Complete items 1,2,and 3.Also complete A. Sigrid-lure item 4 if RestrictedDelivery is desired. / - - ❑Agent IN Print your name and address on the reverse X O Addressee.. so that we can return the card to you. B. Received by(P rited Name) C •:le 09 live • Attach this card to the back.of the mailpiece, /IJ\ CC or on the front if space permits. D.is delivery address different from Rem 1? ❑Y 1. Article Addressed to: If YES,enter delivery address below: O No 'l//n , !p doh /hu c%/e r 7/go? .aii. ,71 ' 1a/les�Pd n .-!/, ec r�7 3. Service Type `T hAns/az04 UO5,SV *Certified Mail. ❑ Express Mail ❑Registered O Return Receipt for Merchandise ❑Insured Mall ❑C.O.D.' 4. Restricted Delivery?(Extra Fee)- ❑yes z..Article Number 7004 2890 0003 5709 0048 (Transfer from service label) = PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Hello