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HomeMy WebLinkAboutR83-079 - release deed of trust for Bellyache RidgeRESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 83- BELLYACHE RIDGE SUBDIVISION, FILING NO. 1 - RELEASE OF DEED OF TRUST WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board ", did on or about December 27, 1972, approve the development of the Bellyache Ridge Subdivision, Filing No. 1, as set forth and more particularly described on the final plat recorded thereof in Book 226 at Page 959 of the real property records of the County of Eagle, State of Colorado; and WHEREAS, as a condition of the final plat approval of the Bellyache Ridge Subdivision, Filing No. 1, Burens Properties, as the Subdivider thereof, did on or about December 27, 1972, enter into a Subdivision Improvements Agreement with the Board for the purpose of guaranteeing the construction of those certain public improvements associated with the development of the Bellyache Ridge Subdivision, Filing No. 1; and WHEREAS, the Subdivider's performance of the aforementioned Subdivision Improvements Agreement was secured by a certain Deed of Trust executed by Burens Properties, a limited partnership, on or about December 27, 1972, for the benefit of the Board of County Commissioners of the County of Eagle and State of Colorado; said Deed of Trust being recorded in Book 226 at Page 961 of the real property records of the County of Eagle, State of Colorado; and WHEREAS, the Subdivider of the Bellyache Ridge Subdivision, Filing No. 1, has requested the release of the aforementioned Deed of Trust; and WHEREAS, based upon the recommendation of the Eagle County Engineer, the Board finds, determines, and declares that the purposes of the aforementioned Deed of Trust have been fully satisfied, i.e. the satisfactory completion of those certain public improvements required of the Subdivider pursuant to the Subdivision Improvements Agreement relative to, and the Board final plat approval of, the Bellyache Ridge Subdivision, Filing No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the release of that certain Deed of Trust recorded December 27, 1972, by Burens Properties, a limited partnership, for the benefit of the County of Eagle and State of Colorado, and recorded in Book 226 at Page 961 of the real property records of the County of Eagle, State of Colorado. THAT, in order to release the aforementioned Deed of Trust, the Board is required to produce for the review of the Public Trustee of the County of Eagle, State of Colorado, the original of the secured instrument which, in this instance, is the subject Subdivision Improvements Agreement dated December 27, 1972. THAT, the Board hereby represents that it has made a diligent search of the Eagle County records to locate the original and /or a true and correct copy of the aforementioned Subdivision Improvements Agreement. THAT, the Board further represents that it has been unable to produce the original and /or a true and correct copy of the aforementioned Agreement, and has determined that the same is lost. THAT, consistent with the intent of Section 38 -37 -123, C.R.S., the Board hereby requests the Public Trustee of the -2- County of Eagle, State of Colorado, to accept this Resolution and the representations herein made in lieu of and as a substitute to the original and /or a true and correct copy of the subject Subdivision Improvements Agreement for the purpose of releasing the Deed of Trust referred to hereinabove. THAT, the Board shall indemnify the Public Trustee of the County of Eagle, State of Colorado, from any and all damages incurred by the Public Trustee as a result of releasing the Deed of Trust which is the subject of this Resolution. THAT, the Board further releases the Subdivider from the terms and conditions of that certain Subdivision Improvements Agreement entered into between Burens Properties and the Board on December 27, 1972, relating to the final plat approval of the Bellyache Ridge Subdivision, Filing No. 1. 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 November, 1983. COUNTY OF EAGLE, STATE OF COLORADO By and Through its ATTEST: BOARD OF COU T Y COMMISSIONERS By • �'? ( �� By: erk o t Boar o David E. Mott, Chairman County Commissioners W, J2 A W. Keith Troxe , Co issioner /A J 1 t Dan Williams, Commissioner -3- COUNTY OF EAGLE ) )ss: STATE OF COLORADO ) Subscribed and sworn to before me this � nd day of - November, 1983, by David E. Mott, W. Keith Troxel and Dan Williams as the Board of County Commissioners of the County of Eagle, State of Colorado, and Johnnette Phillips as Clerk to the Board of County Commissioners. WITNESS my hand and My Commission Expires: IAY -4-