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HomeMy WebLinkAboutR93-084 amending Reso. 93-28 to return monies to proper recipient - Leto to Davisr'1 Commissioner CL n , &OC_.. moved adoption of the followin Resolu ion: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93- a' AMENDMENT OF RESOLUTION 93 -28 AUTHORIZING THE RETURN OF COLLATERAL FOR THE LETO SUBDIVISION TO NAME THE PROPER RECIPIENT OF THE MONIES TO BE RETURNED WHEREAS, on or about January 9, 1990, The Board of County Commissioners of the County of Eagle, State of Colorado entered into a Subdivision and Off -Site Improvements Agreement (herein after "the Agreement ") with James R. Leto, Sr., relative to the Leto Minor Subdivision; and WHEREAS, the referenced property is described as "Lot 1, Leto Minor Subdivision according to the plat thereof recorded January 10, 1990, in Book 520 at Page 993, County of Eagle, State of Colorado; WHEREAS, on or about March 22, 1993, by Resolution No. 93 -28, the Board authorized the return of collateral for the Leto subdivision pursuant to the Agreement with James R. Leto, Sr., relative to Leto Minor Subdivision in the remaining amount of $2,718.40 to James R. Leto, Sr.; and WHEREAS, Since March 22, 1993 and prior to the return of the monies, the Board has been presented with the following documentation which provides the basis for this amended resolution authorizing that the collateral to be returned properly is owed to Kenneth D. Davis of 900 S. Burkhardt Rd., Evansville, Indiana, 47715: 1. A copy of a notarized Warranty Deed from James R. Leto, Sr. deeding the Leto Minor Subdivision to James R. Leto, Jr. on February 5, 1990 including "all the real property together with improvements, if any" to the referenced property (hereinafter incorporated by reference as Exhibit " A " ); and 2. A copy of a notarized Quit Claim Deed from James R. Leto, Jr. deeding the Leto Minor Subdivision to Joanne Leto on December 17, 1992 including "all appurtenances and privileges thereto belonging to or appertaining to" the referenced property (hereinafter incorporated by reference as "Exhibit B"); and 3. A copy of a notarized Quit Claim Deed from Joanne Leto deeding the Leto Minor Subdivision to Kenneth Davis on April 8, 1993 including "all appurtenances and privileges thereto belonging to or appertaining to" the referenced property (hereinafter incorporated by reference as "Exhibit C"); and therefore, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the presented documentation attached herein as Exhibits A, B, and C, Resolution No. 93 -28 returning the collateral for the Leto Subdivision be amended only to change the identity of the recipient of the collateral from James R. Leto, Sr. to the rightful owner, Kenneth Davis. THAT, the sum of $2,718.40 be returned to the Subdivider Kenneth Davis standing in place of James R. Leto. THAT, the Eagle County Treasurer be directed to return this sum to Kenneth Davis instead of James R. Leto, Sr. THAT, the Board finds, determines, and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the a6- /-� _day e, 1993. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: ��,_ BOARD OF COUNTY COMMISSIONERS By: C erk to th Board of George A. ates, Chairman County Commissioners Johnnette Phillips, Commissioner E I B Commissioner foregoing reso] follows: Commissioner George A. Gates _ _ Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by '-� —C, vote of the Board of County Commissioners of the County of Eagle, State of Colorado. r \letocoll.res �� 5- 3 0 0 JL \1 U! Rcwddl at — n'ckick . Rj�:eption No. - THIS NEED, Melt; this 5th ! 1 0 - U U — OU r rJ•Ufttn POMW1J V14 11.JL JUt1LA day of February 19 g hctwc m James R. Le. t , Sr. of the # county of and %Late (if Cal. L forl'1.1 a Qiktrttlu, gratitaw, and James. R. 7.t'_ Jr. 4269 Fryitg pan Road, Lot No. 1, Basalt, C Torido 8101 whogc k:gai wkiress is of the cowity of Eagle and Slate Uf CUlurtadu, g rantee: WITNESSN:TFt,Thul the g ranlor fog Oftd is ar. a Rift for no monctary considcrat: +attkr.OA44 has gi inteti h a rt hind, sold and conveyed, uud by dwse piesLnts does grant, bargain, sell, convey andutiniirm, unto lire gratltve, hia heirs and assigns linevu, all the mal M)perty t0igcthcr with impnivurnunts, if any, situ ate iying and being iii the Coutily of Bag, le prod Marc of C:nloracki deq:i•ibcd us follows: Lot 1 LETO MINOR SUBDI according to the Plat thereof recorded January 10, 1990, in Book 520 at Page 933. Eagle County, Colorado 416923 B - 52' P 02/08/90 10:11 PG 1 OF 2 REC DOC JOHNNETTE_ PHILLIPS EAGLE COUNTY CLERK, COLORADO 10. 0. 00 1! as known by street and nurn>:tey.tc: 4269 Fry.img Pa1t. Road, LOL No. 1, Basalt, Colorado 81621 TOCICTHE with all and aingulaar the hureditanienIs anal appurtc lances thereto ha longing, or in unywise upperwining, and the reve iu alnl rLwert,uons, remainder and m mainllers, tr.11r, ishucs and proliL� uickutif, and all the CstatC, right title, ini crust, claim and demand wha vvrr of dw grioN —, cithcr in law or equity, of, in Land to lire aiuwo hargaincci prcmi:;es, with the hcrudita inents and allparteiismeLls. TO I➢AV AND IX) HOLD the slid Mraises above barg ained alltl dcscrihcd, with the appuruntinces, unto dta grultce. his heirs and assigns forever. Anti the }grantor, for huuself, hishcirs, anti personal reliFewnlutive s, dues cuveaautt, grant,barg+ain, and arvec to and with the ;grantee, his hein and resign;, that at the rim:: of the ensealinbancl delimy of then. prcaeniv, he is well wiecd of the pnutist:A atXWO canvC.ycd, hoc gikXll, mare, perfect, ah&olutc and dudcfeabibie tttate. of inheritance, in law, in line simple, and has etxtd light, roll prrwer and lawful authcuity to grant, bargain, sell and convoy the % anv: in manner and form as aforesaid, and it,at i'ha came arc firs. anti clear from till Curtner and other grants, bArgaill,4, sAicN, licni. t.ixN, assessments, ent;u nbratices and ivstrictions of whatever kind orruiturr soever, oxcept and su bj ect - co 'th ea reserva- tions, restrictions and other matters more particula`rly Oct forth on the Exhibit A attached hereto and tnade a part. 'hereof, AND SUBJECT TO goneral real estate taxes for 1990 and subsequent ,years which Grantee aastimes and agrees to pa The grantor stunt an(I will WARRANT AND FOREVER DEFFNI) the above hurgained lareinideS in the quiet itnd pcaccoble ftllascmiion of ffie grantee, his lueirs ants assigns. against all Head uvory tarn. o i nrlrrttms lawfully cluiming the winkle many pan thcrcot: ThL singularntmtber shall include duE! plural, the plural the singular, and the use of any gentler shall lx: applicable t1► ail ganders. IN W ➢7'NH:S.S WHM.Ik>FOF, the grwlur loos executed this deed on the date set ~ alxwc. = -, � _- • ^� JAHES R. LET© by R. Joseph Krab aci:)er Attorney-in-fact STATE OF COLORADO Cuuilty of Fiticin No. 932A. Rev WARX"'IN DEED (r Fhaait e t —wd) Brodkwd Niblishing. 1743 Wve' Sr., Denver, CC) IQth117 __ (101) 2 k-Ra The fore going instrument vanes ackric Cviedged before rue th is _5 4 " da ar Fcabrua ry 19 go ay .3 alui3;s.'R. Leta, by B. Joseph Kra.bach as attorney - ill - far_t . my eomm6sion.cicbires � � 19 q3 . Witness my hand and ofiksial ical, •Il al LJetive�.ip<+i?. "t:ity and OU0040(GUI FF G! 10 EXHIBIT !a4 . 'WM 0"1 11 U1 U J - au v 0 J1 varUNUIC VFU ILZ aurl - El- L)Uj0 /-0tzU(v* 0110 EXHIBIT A M WARRANTY DEED 1. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United Sates Patent recorded November 27, 1933, in Book 48 at Page 404. 2. Right of way for ditches or canals constructed by the authority of the united States, as reserved in United States Patent recorded November 27, 1933, in Book 48 at Page 404. 3. Subdivision Improv8nents Agreement recorded January 10, 1990, in Book 520 at Pace 990, 4. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin, as contained in instrument recorded January 10, 1990, in Book 520 at Page 992. NOTE: Articles of Incorporation of Leto Subdivision Homeowner's Association recorded January 19, 1990, in Book 521 at Page 572. 5. Easements and restrictions as shown on the Plat of said Subdivision recorded in Book 520 at Page 933. 6. Easemont for ingress and egress purposes from James R. Leto to successors and assigns of Grantor in the Leta Minor Subdivision and the Leto Subdivision Homeowner's Association, recorded January 19, 1990 in Book 521 at Page 573. 7. Dead of Trust dated December 26, 1989, between James R. Leto Sr. and Pitkin County Bank & Trust Co., and recorded January 26, 1990, in Hook 521 at Page 937. STATE OF COLORADO COUNTY OF EAGLE BJK2Cf 46 418923 B-522 P--756 tea /08/90 10:11 F'G a ofr a 0"1 ! L7! • J J - EhJ , J.iunn v3[U UIJ vrrltC WrrLiy ijuilizolzut ;*12 113 W � � k Q UIT CLAXX DEVD JAMES R. LETD, JR., 4269 Frying pan Road, Basalt, Colorado, Granter, for TEN DOLLARS ANLD OTHER GOOD AND VALUABLE CONSIDERATION, in.hand paid, does hereby release, remise and quitclaim to JOANNE UTO, whose address is P.O. Box 6085 Sncwmass Village, Colorado 81615, the following described real property, situate in the county of Eagle and State of Colorado, to -wit: Lot, 1, Leto Minor Subdivision according to the plat thereof recorded January 10, 1990, in Hook 520 ta ouL440 at Page 993, County of Eagle-, State of -Colorado. T TO HAVE AND TO HOLD the same, together with all appurtenances and privileges thereto belonging or in anywise thereto appertaining. DATED this 4 :77 day of A.D. 1992. STARE OF COLD AZO ss. COUNTY OF Z f ) L / /1' /__' J s R. Leto, 07. 11 of Subscribed and sworn to before me this , A.D. 1992, by JAMES R. LETO, JR. Witness my hand and official. seal. My commission expires: 1 AT E ae oo MY commission Explr L;' 6 /171 9 6 Notary Public PAALj 12, 1 1 � C t `)_ UF. N UMV10/UIE. F. FULGI IGL INU.0lL 4(J — (1V0 N-e60 P-049 Q J'. 6493 1 6:16 �JJ4}1 FISFfA'K .E' COUNTY CLERK, .. . i ! 1 i I� �ff i� ii t'1 Cl y f e7J r •DU INU.UUl r .UGJUG PG 1 op 1 COLORADO TI IIS DFED, Made this day of Aril � , 19 � � , between JOANNE I,ETO aka JOANNE i�iZ1 of the "'County of Pi tki n and State of Colorado, grantor($), and KENNEM D. DAVTS REC DOC S. oo 0. whose legal address is 900 S. Burkhardt Rd., EVansvi Ile, T1md ana, 47' of the County of Vanderburgh a and State of grantec(s), t MH WITNESSCTH, That the grantor(s), for and in consideration of the suor of TEN DOLLARS and other goad and valuable consideration, the T=ipt and sufficiency ofewhich is hereby acknowledg ha s Tom— rom y titer ised, released, sold and Q i 1 these presents do es remise„ release, scat and QUIT CLAIM unto the grantec(s), his UIT CLAIMED, i forever, all the right, title. interest, claim and demand which the rants s has heirs, successors and assigns, by g K) in and to the real property, together with I! �) i I improvements, if alnyi situate, lying and being in the C'ou »ty of Engle 1 I Colorado, described as follows: and State of l; , ' Lot 1, Leto Minor SubdiV according to t h e Plat th ereof recorded January 10, 1990, in Book 520, 'Page 953, County Of Eagle, State Of Colorado. e• t also known by street and number as: TO HAVE AND TO AOLD Chit sane, ttv cthcr with all and singular the appurtenances and privileges tlu°reunto belonging or in anywise iheiei 410 appertaibing, and �11 the estate, right, title, interest and claim whatsoever, of the grantor($), either in law or equity, to the only proper use, benefit and &,,roof of the grantee(s) hi s heirs and assigns forever_ IN WITh IRM WHEREOF, The grantor(s) WS executed this deed on the date set forth above, ' Joanne tto aka Joan Davis -Leto STATE OF (X)L ORA1]0, ss. County of - -A 1 *ktfl The foregoing instrument was acknowledged befot'e me this clay of by Joanne Leto ak Joanne Davis —Leto My commission expires mat 13 , 19 3, Witness my hand "if in Ucnw•r, inset t "Cit.) anti ". N,, w mx! Adl,,h, Pelson 1 to; Nc.` . ... ._.... ...�_._.. , ,I. (' Lrp:d 1'1,w ii • EXHIBIT ttu feel u`)_ 1 d l9tFh lti,q. I !•4S ``:,n'C St.. I i n P't , t'!�.'tt.! t :+1 , � ; �, � ; ,•;l;, 1 , } I .J 1 r� April 1 1 9 93,