HomeMy WebLinkAboutR83-054 - partial release of deed of trust Mountain Meadow RanchRESOLUTION
OF THE
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 83- g
MOUNTAIN MEADOW RANCH SUBDIVISION, SECOND FILING -
PARTIAL RELEASE OF DEED OF TRUST - SUBSTITUTION OF
ORIGINAL SUBDIVISION IMPROVEMENTS AGREEMENT
WHEREAS, Ruth A. Fender, Marvin L. Fender and H. Gary
Fender, hereinafter referred to as "Subdivider," are the
owners /subdividers of the Mountain Meadow Ranch Subdivision, Second
Filing, locat`e�d in the County of Eagle, State of Colorado, and more
particularly described on the final plat thereof recorded in Book
289 at Page 266 of the real property records of the County of
Eagle, State of Colorado; and
WHEREAS, as a condition of final plat approval of the
Mountain Meadow Ranch Subdivision, Second Filing, the Board of
County Commissioners of the County of Eagle, State of Colorado,
hereinafter referred to as the "Board," required the Subdivider to
enter into a certain Subdivision Improvements Agreement dated July
25, 1979, and recorded in Book 288 at Page 729 of the real property
records of the County of Eagle, State of Colorado; and
WHEREAS, the Subdivider's obligations set forth in the
aforementioned Subdivision Improvements Agreement were secured by a
certain Deed of Trust on Lots 37 and 38, Mountain Meadow Ranch,
Second Filing, executed by the Subdivider on July 18, 1979, for the
benefit of the Board of County Commissioners of the County of Eagle
and State of Colorado, and recorded in Book 290 at Page 985 of the
real property records of the County of Eagle, State of Colorado;
and
WHEREAS, pursuant to the request of the Subdivider, the
Board on June 20, 1983, approved a partial release of the
aforementioned Deed of Trust as the same related to a part of Lots
37 and 38, Mountain Meadow Ranch, Second Filing, described as Tract
A on that certain Final Plat entitled "A Resubdivision of Lot 37
and Lot 38, Mountain Meadow Ranch, Second Filing, Eagle County,
Colorado," recorded in Book 361 at Page 972 of the real property
records of the County of Eagle, State of Colorado; and
WHEREAS, the aforementioned partial release was based upon
a formal determination by the Board that the remaining properties
held by the Public Trustee for the benefit of the Board would
satisfy and adequately secure any default by the Subdivider of its
obligations set forth in that certain Subdivision Improvements
Agreement hereinabove described; and
WHEREAS, in requesting the Public Trustee of the County of
Eagle, State of Colorado, to execute the subject Partial Release of
Deed of Trust, of which a copy thereof is attached hereto as
Exhibit "A" and incorporated herein by this reference, the Board,
subsequent to a diligent and good faith search of the County
records, has been unable to produce for the Public Trustee's review
the original Subdivision Improvements Agreement hereinabove
described; and
WHEREAS, consistent with the intent of Section 38 -37 -123,
C.R.S. 1973, as amended, the Board desires to request the Public
Trustee of the County of Eagle, State of Colorado, to accept this
Resolution, the representations herein made, and a copy of the
subject Subdivision Improvements Agreement attached hereto as
Exhibit "B" and incorporated herein by this reference, in lieu of
the original Subdivision Improvements Agreement for the purpose to
partially release the Deed of Trust referred to hereinabove.
NOW, THEREFORE, be it resolved by the Board of County
Commissioners of the County of Eagle, State of Colorado:
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THAT, the Board hereby represents that it has made a
diligent search of the Eagle County records to locate the original
of that certain Subdivision Improvements Agreement entered into
July 25, 1979, between Ruth A. Fender, Marvin L. Fender and H. Gary
Fender, and the Board of County Commissioners of Eagle County,
Colorado, relative to the Meadow Mountain Ranch Subdivision, Second
Filing, and recorded in Book 288 at Page 729 of the real property
records of the County of Eagle, State of Colorado.
THAT, the Board further represents that it has been
unable to produce the original Subdivision Improvements Agreement
referred to in the paragraph next above, and has determined that
the same is lost.
THAT, the Board further represents that Exhibit "B"
attached hereto is a true and correct copy of the original of the
Subdivision Improvements Agreement referred to herein.
THAT, the Board hereby requests the Public Trustee to
accept Exhibit "B" attached hereto as a substitute to the original
Subdivision Improvements Agreement referred to herein for the
purpose to duly execute and partially release that certain Deed of
Trust dated July 18, 1979, by Ruth Fender, Marvin L. Fender and H.
Gary Fender for the benefit of the Board of County Commissioners of
the County of Eagle and State of Colorado, and recorded in Book 290
at Page 985 of the real property records of the County of Eagle,
State of Colorado; said Partial Release of Deed of Trust being
previously submitted to the Public Trustee in the form as set forth
in Exhibit "A" attached hereto.
THAT, the Board shall indemnify the Public Trustee of
the County of Eagle, State of Colorado, from any and all damages as
the result of issuing the original of the Partial Release of Deed
of Trust set forth in Exhibit "A ", in accordance with this
Resolution.
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MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at its
regular meeting held the day of July, 1983.
ATTEST:
By
Clerk of e Boa td of
County Commissioners
COUNTY OF EAGLE )
)ss:
STATE OF COLORADO )
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
By Z
David E. Mott, Chairman
Dan Williams, Commissioner
W. Keith Troxel,—Cofnmissioner
Subscribed and sworn to before me this day of July,
1983, by David E. Mott, Dan Williams and W. Keith Troxel as the
Board of County Commissioners of the County of Eagle, State of
Colorado, and Johnette Phillips as Clerk to the Board of County
Commissioners.
WITNESS my hand and official seal.
My Commission Expires : -3'-,?s' -9V
Notary Public
Address:
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EXHIBIT "A"
Recorded at o'clock Vt.,
Reception No.. ....Recorder.
KNOW ALT. Mr.N BY TnF.SE PRESENTS- That, Whereas,
Ruth Fender, Marvin L. Fender and H. Gary Fend (r
of Basalt, Colorado by Deed of Trust
dated the 18th day of July , 19 79 ,
and duly recorded in the office of the County Clerk and Recorder
of the County of Eagle , in the
State of Colorado, on the 13th day of September, 19 79 ,
in Book 21) 0 at Page 985 (film No. ,
reception No. 187384 )' conveyed to the Public Trustee
in said Eagle County, certain property in said
Deed of Trust described in trust to secure to the order of
Board of County Commissioners of the County of E
&V �j ent of the indebtedness mentioned therein.
RECORDER'S STAMP
gie and State o
AND, WHEREAS, said- iiiebtedness -leas -been par -tic y paidaed the purposes of said trust have
been partially satisfied and otherwise secured.
NOW, THEREFORE, at the request of the legal holder of the indebtedness secured by said Deed
of Trust, and in consideration of the premises, and in further consideration of the sum of Three
Dollars to me in hand paid, the receipt whereof is hereby acknowledged, I, as the
Public Trustee in said Eagle County, do hereby remise, release and quit -claim unto the
present owner or owners of the property hereinafter described and unto the heirs, successors and
assigns of said owner or owners forever, all the right, title and interest which, I, as such
Public Trustee have in and to that part and portion of the property, set forth and described in the
aforesaid Deed of Trust, described as follows, to wit:
A part of Lots 37 and 38, Mountain Meadow Ranch, Second Filing,
described as Tract A on that certain Final Plat entitled
A Resubdivision of Lot 37 and Lot 38, Mountain Meadow Ranch,
Second Filing, Eagle County, Colorado, recorded in Book 361
at Page 972 of the property records of the County of Eagle,
State of Colorado,
situate, lying and being in the
State of Colorado.
County of Eagle
and
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur-
tenances thereto belonging forever. And further, that, as to the above described property, the said
Trust Deed is to be considered as fully and absolutely released, cancelled and forever discharged.
Witness my hand and seal this
day of
,19
- -- . - -• - - -- - -- -- (SEAL)
As the Pnbiie Trustee in said Cou uty of
S'T'ATE OF COLORADO,
ss.
County of Eagle
The foregoing instrument was acknowledged before me this day of
19 = by
as the Public Trustee in the said
County of E a g le , Colorado.
My commission expires
Witness my hand and Official seal.
------- - - - - -- - - -- - - - - -- -- - - - - --
Notary Public.
To the Public Trustee in said County of Eagle
Please execute this release, the indebtedness secured 19y-#e above mentioned Deed of Trust
having been partially paid and satisfied. CO UN Q EAGLE, STATE OF COLORAI
and otherwise secured.
The legal holder of the indebtedness secured by said Deed of Trust,
David E. Mott, Chairman of the
Board of County Comiaissioners
*In counties where book and page numbers have been abolished.
No. 927. PARTIAL RFLEAST' OF DEED OF TRUST BY THE PUBWC TRUSTEE.
-- Bradford Publishing Co., 1824 -46 Stout Street, Denver, Colorado- --1 -73
, �iCtn„wN! >oNVw�ts!ww� ��:.i4rc�
EXHIBIT "B" '
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this �day of
1979, by and between Ruth A. Fender, Marvin
L. Fender and; H. Gary Fender, hereinafter collectively referred
to as "subdivider ", and the BOARD OF COUNTY COMMISSIONERS OF
EAGLE COUNTY, COLORADO, hereinafter referred to as "the county ",
WITNESSETH:
WHEREAS, the subdivider, as a condition of approval of
the final plat of MOUNTAIN MEADOW RANCH, SECOND FILING, desires
to enter into a Subdivision Improvements Agreement, as provided
for by Section 30 -28 -137, C.R.S. 1973, as amended, and Section
3.12 of the Subdivision Regulations of Eagle County, Colorado;
and
W= REAS, pursuant to the same authority, the subdivider
is obligated to provide security or collateral sufficient in
the judgment of the Board of County Commissioners to make
reason.3ble provision for the completion of certain public
improvements set forth on Exhibit "A" attached hereto and
incorpc, rated herein by this reference; and
WHEREAS, the subdivider is to provide collateral to
guarantee performance of this agreement including construc-
tion o± the above referenced public improvements by means of
certain plat restrictions to be set forth on the final plat.
of MOUNTAIN MEADOW RANCH, SECOND FILING:
NOW, THEREFORE, for and in consideration of the covenants
and agreements herein contained, the sufficiency of which is
hereby ackno%,,ledged, the subdivider and the county agree as
follows:
1. Subdivider agrees to the construction and inst= allation,
at subdivider's sole cost and expense, of all those certain
public improvements set forth on Exhibit "A" attached hereto.
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2. Subdivider agrees that all such public improvements
to be completed shall be constructed in compliance with the
following:
(a) All final plat documents submitted prior to or
at the time of final plat approval;
(b) All laws of the United States, State of Colorado,
Eagle County, and its various agencies, affected
special districts, and /or servicing authorities;
(c) The plans and specifications attached hereto as
Exhibit "A ".
3. To secure and guarantee performance of subdivider's
obligations as set forth herein and in Exhibit "A" attached,
subdivider agrees to provide security and collateral in the
form of a plat restriction appearing on the face of the
final plat of MOUNTAIN MEADOW RANCH, SECOND FILING, which
reads as follows:
"THIS PLAT AND THE LOTS DESCRIBED HEREIN ARE SUBJECT
TO THE FOLLOWING RESTRICTIONS:
Subdivision Improvements Agreement. There shall be no
sales, leases or any other form of conveyance of any
of the real. property described on this plat, nor_ shall
building permits be issued for any real property des-
cribed on this plat, until such time as this restriction
shall be deleted by the Board of County Commissioners,
in accordance with the terms of that certain Subdivision
Improvements Agreement affecting the property described
herein."
'. It is mutually agreed ghat upon completion of all
public improvements, that the county shall execute a resolution
in the form and substance of Exhibit "B" attached, releasing
said plat restrictions.
5. It is mutually agreed pursuant to the provisions of
Section 30 -28 -137 (3), C.R.S. 1973, as amended, that the county
or any ;purchaser of any lot, lots, tract, or tracts of land
subject. to the plat restriction above described shall have the
author '.. €_y to bring an action in any district court to compel
the eni'.orcement of this Subdivision Improvements Agreement.
Such atiLhority shall include the right to compel rescission of
any sale, conveyance, or transfer of any lot, Lots, tract, or
tracts of land contrary to they provisions of any such restrictions
set forth on said plat; provided, however, that any such action
shall be commenced prior to the issuance of a building permit
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t,
by the county -. where so required, or otherwise prior to commence-
ment of construction on any such lot, lots, tract, or tracts of
land.
6. The subdivider shall further guarantee the quality of
the road, for one year after its completion. This guarantee
shall be that the road shall be free from substantial defects
under normal use during that period. The guarantee shall be
limited to subdivider's responsibility for the reasonable cost
of restoring the road to such condition if it acrlu:ires substantial
defects under normal use, to the County, or to such owners of
parts of the subject property, effecting such restoration. To
secure performance of this obligation, subdivider shall use a
cash de'.osit or a letter of credit directed to the county, issued
by some bank in Colorado, in the amount of $3,000.00, to expire
13 months from the date the road is completed, and guaranteeing
reimbursement for any such expenses.
7. The county agrees to approval of the final plat of
MOUNTAIN MEADOW RANCH, SECOND FILING, subject to the terms and
conditions of this agreement.
8. The parties hereto mutually agree that this agreement
may be amended from time to time provided that such amendment
be in writing and signed by all parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
THE BOARD OF COUNTY COMMISSIONERS
EAGLE COUNTY, COLORADO
By
Chairman of the Board of County-
Commissioners
ATTEST:
E yle C,-) unty C Le rlc 'U
Ruth A. Fender (Subdivider)
Marvin L. Fender (Subdivider)
1-i. Gary Ft -,nder U�ubdivi.der)
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u
EXI1IB1T "A"
PUBLIC Tf,IPROVEMENTS
FOR ROADS AND RELATED DI-tAINAGE WORK AND RE- VEGETATION
AND RESTORATION OF AFFECTED TERRAIN
Said improvements shall include excavation, embankments,
,gravel surfacing, construction and installation of culverts;
and restoration and re- vegetation of terrain disturbed by
said improvements on all roads. Blue Creek Trail and Blue
Creek Overlook shall have 6" of base gravel and 2" of asphalt
surfacing.
All of the above as more specifically set forth on the
final plat f )r MOUNTAIN MEADOW RANCH, FIRST FILING, and those
public improvement maps, plans, and specifications for said
Subdivision as filed in the off.LCe of the County Clerk and
Recorder, and /or County Engineer and /or the Department of
Planning and Development, respectively, County of Eagle,
State of Colorado, all of said documents incorporated herein
by this reference.
Lots 37 and 38 shall be held in escrow to guarantee the
completion of these improvements. Lot 29 through and includinq
Lot 38 shall not be sold until such time as the improvements in
that ~-ca have been completed.
STATE OF COLORADO)
) ss
COUNTY OF' EAGLE )
The foregoing SUBDIVISION IMPROVEMENTS AGREEMENT was
acknowledged before me this day of
1979, a,y_ , as Chairman of the
Board of County Commissioners of Eagle County, Col-orado, and
by Johnette Phillips, as the Clerk of Eagle County, C(-)1orado.
!V;itness my hand and official seal.
commission expires:
Notary Public
STATE c:F COLORADO)
)ss
COUNTY OF GARFIELD)
The foregoing SUBDIVISION IMPROVEMENTS AGRi-�E'l-IENT was
acknowledged before me this 18th day of July f
1979, by Ruth A. render, Marvin L. Fender and H. Gary Fender.
Witness my hand and official se,-il -.
�ML)7 commission expires:
i4-6-Eary'-''Public
