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HomeMy WebLinkAbout4.0 Resolution 81-402STATE OF COLORADO County of Garfield At a rear meeting of the Board of County Commissioners for Garfield County, Colorado, 22nd held at the Court House in Glenwood Springs on the e day of December A. D. 19...$ l , there were present: Flaven Cer.ise , Commissioner Chairman Protem Eugene D,,1115,1aQ.uae Commissioner Commissioner • • (LL Earl G. Rhodes County Attorney Leanne Cleland, Deputy Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION #81-402 RESOLUTION CONCERNED WITH RELEASE OF DEED OF TRUST TO SILLIVAN BROTHERS PARTNERSHIP AND THE CREATION OF A JOINT BANK ACCOUNT TO SECURE THE SUBDIVISION IMPROVEMENTS AGREEMENT BETWEEN HERBERT SILLIVAN AND DON SILLIVAN AND GARFIELD COUNTY, ENTERED INTO ON DECEMBER 14, 1981. ON THE DAY of December 22, 1981, the Board of County Commissioners of Garfield County met to vote On the following resolution: Present: Jim Drinkhouse Flaven Cerise - Chairman pro tem Absent: Larry Velasquez - Chairman Vote: 2-0 in favor of the following Resolution: WHEREAS, the Board of County Commissioners of Garfield County and Herbert Sillivan and Don Sillivan (hereinafter the Subdivider), did on December 14, 1981, enter into a subdivision improvements agreement to secure the completion of subdivision improvements as required by said agreement; and WHEREAS, pursuant to said subdivision improvements agreement, the subdivider is obligated to provide security or collateral sufficient in the judgment of the County to make reasonable provision for the completion of ce:-tain public improvements as set forth on Exhibit "A" of said subdivision improvements agreement; and WHEREAS, the subdivider wishes to have the Board of County Commissioners release their security interest in one of the lots of said subdivision which constituted the collateral for said subdivision improvements agreement, and to use the funds received by the subdivider as security for the provision of the improvements as agreed to by the subdivider, and for payment of the costs incurred by the subdivider as to the improvements required by said subdivision improvements agreement. NOW, THEREFORE, in Consideration of the mutual covenants and agreements contained in said subdivision improvements agreement, the Chairman pro tem of the Board of County Commissioners of Garfield County, Flaven Cerise, is hereby authorized to: 1. Execute, on behalf of the Board .of County Commissioners of Garfield County, a release of the deed of trust presently entered in favor of the County to the subdivider 2. Set up a joint bank account with the subdivider into which account shall be placed the proceeds realized by the subdivider on the sale of the property which had been previously secured by the deed of trust in favor of the Board of County Commissioners of Garfield County; and • • 3. Sign, on behalf of the Board of County Commissioners of Garfield County, checks drawn on said joint bank account as may be required by the subdivider, to be used solely to pay for improvements required by said subdivision improvements agreement until said improvements have been completed in accordance with the subdivision improvements agreement. BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Ch i' rman ATTEST: ty Clerk of the Board Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Flaven J. Cerise Aye Eugene Drinkhouse Aye Aye STATE OF COLORADO - County of Garfield Commissioners 1, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners.