09-10-2002 CHAPEL SQUARE LLC RESOLUTION NO. 01-22 SUBDIVISION IMPROVEMENTS AGREEMENTC
CERTIFICATION
STATE OF COLORADO )
SS
COUNTY OF EAGLE )
I, Patty B. McKenny, DO HEREBY CERTIFY that I am the Town Clerk of the
Town of Avon and the keeper of the records and corporate seal of said municipal
corporation; and that the attached is a true copy of Resolution No. 01-22, Series of
2001 of the Town of Avon, County of Eagle and State of Colorado, and that said
Resolution No. 01-22 is in effect at the date hereof, and the original is in my custody as
Town Clerk.
WITNESS my hand and official seal of the Town of Avon, County of Eagle, State
of Colgcpdp,_ this 10th day of September 2002.
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F A Patty . M Kenny, Town erk
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TOWN OF AVON
RESOLUTION NO. 01-22
Series of 2001
A RESOLUTION ACCEPTING PUBLIC IMPROVEMENTS AND ESTABLISHING A
WARRANTY PERIOD IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS
AGREEMENT FOR THE AMENDED PLAT OF CHAPEL SQUARE SUBDIVISION,
TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Town of Avon and Chapel Square, LLC, a Colorado Limited Liability Company
entered into a SUBDIVISION IMPROVEMENTS AGREEMENT in connection with the approval
of the Amended Plat of Chapel Square Subdivision; and
WHEREAS, said Agreement established certain public and private improvements to be constructed
in conjunction with said subdivision; and
WHEREAS, said Agreement established requirements for the provision of security deposits to
assure completion of the improvements and provide for warranty work in accordance with the
Agreement and the subsequent release of the security deposits upon satisfactory completion of the
improvements in conformance with all standards, drawings and specifications as submitted to and
previously approved by the Town; and
WHEREAS, the required work has been satisfactorily completed in accordance with the approved
plans and specifications; and
WHEREAS, a payment of $50,000 by the Town of Avon to Chapel Square LLC is due upon
satisfactory completion of said improvements; and
WHEREAS, Chapel Square LLC has provided security to the Town of Avon in the form of a deed
of trust or other legally binding document for Unit BR-403, Final Plat and Condominium Map of
Chapel Square "Building B", Lot 22, Chapel Square Subdivision, Town of Avon, Eagle County,
Colorado guaranteeing rights to the Town with a value of at least $82,500.00 as established by the
difference between appraised value and the total of all outstanding mortgages, liens and other
encumbrances as a security deposit to provide for warranty work in accordance with the
Agreement.
I:\Engineering\Subdivision\Benchmark At BC\Chapel Square\Imprv Accept Res 01-22.Doc
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, that:
The Town of Avon hereby accepts and approves:
1. The public improvements as satisfactorily complete with an effective completion date of
August 22, 2001 and with a one year warranty period extending through August 22, 2002 in
conformance with the SUBDIVISION IMPROVEMENTS AGREEMENT; and
2. A deed of trust or other legally binding document for Unit BR-403, Final Plat and
Condominium Map of Chapel Square "Building B", Lot 22, Chapel Square Subdivision,
Town of Avon, Eagle County, Colorado guaranteeing rights to the Town with a value of at
least $82,500.00 as established by the difference between appraised value and the total of all
outstanding mortgages, liens and other encumbrances as security deposit to provide for
warranty work in conformance with the SUBDIVISION IMPROVEMENTS
AGREEMENT; and
3. Payment of $ 50,000.00 to Chapel Square LLC as the final payment committed by the
Town in response to the Chapel Square LLC request related to the dedication of Chapel
Place right-of-way.
ADOPTED THIS 28 DAY OF August , 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
J y Yode M r
1;\Engineering\Subdivision\Benchmark At BC\Chapel SquareWnprv Accept Res 01-22.Doc 2
Town Clerk
LAw OFFICES
DUNN & CAUSEY, L.L.C.
A LIMITED LIABILITY COMPANY
JOHN W. DUNN
INGA HAAGENSON CAUSEY
CERTIFIED LEGAL ASSISTANT
KAREN M. DUNN, CLAS
WHITE RIVER CENTER SUITE 201
90 BENCHMARK ROAD
POST OFFICE BOX 7717
AVON, COLORADO
81620
TELEPHONE:
(970) 748-6400
FACSIMILE:
(970) 748-8881
highcountrylaw.com
WRITERS EMAIL:
jwd@dunncausey.com
September 17, 2002
Public Trustee for
Eagle County e l ' - 1
P. O. Box 479
Eagle, Colorado 81631
Re: Leonidas Palmos/Town of Avon
Release of Deed of Trust
Dear Trustee:
I enclose Request for Release of Deed of Trust, copy of the deed of trust, a
certified copy of Town of Avon Resolution No. 01-22, Series of 2001, and the original
Subdivision Improvements Agreement. Also enclosed is our check in the amount of
$21.00, which I understand to be the required fee.
Will you please release the Deed of Trust and return the recorded release
to me.
Thank you very much.
Yours very truly,
n
DUT~JN & CAUSEY, LLC
Job-n W. Dunn
jwd
cc: Town of Avon
IIN~~II~hIN~u~IN~I~III~IIN~~N,
REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
September 11, 2002 Date
Leonidas Palmos s
Town of Avon r
Grantor (Borrower)
Original Beneficiary
(Lender)
Date of Deed of Trust
January 17, 2002 / Recording Date of
Deed of Trust
le -
County of Recording
807655
Page: 1 of 1
09/19/2002 11:36A
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783040
Reception and/or Film Nos. of Recorded Deed of Trust
Reception No. Film No.
Book and Page of Deed of Trust
Book No. Page No.
TO THE PUBLIC TRUSTEE OF
Eagle County (The Public Trustee to which the above Deed of Trust conveys the said property.)
Please execute this release, as 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 satisfied.
TOWN OF AVON
Current Owner and Holder of the Indebtedness Secured by Deed of Trust (Lender)
John W. Dunn, Attorney for the Tawas of Avon
Name and Title of Agent or Officer of Current Owner and Holder
Signature
State oftColorado, County of Eagle
The foregoing request for release was acknowledged before me on
ePi-t- h,-r 1 7, 2002 (date) byr
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/ ~j Signature
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l Notary Public
RELEASE OF DEED OF TRUST
WHEREAS, the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said 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 satisifed as set forth in the written request of the current owner and holder of the said indebtedness.
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby 4ckngyVl-
e ge , as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the prespnt~':owto
ater.or~k
owners of said real property, and unto the heirs, successors and Assigns of such owner or owners forever, all the right eaAhinte>:est
which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, to have and to ho hhe s96, with all'
the privileges and appurtenances thereunto belonging forever; and further I do hereby fully and absolutely releas c q6l ant ver
discharge said Deed of Trust.
State of Colorado, County of
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STATE OF COLORADO, COUNTY OF EAGLE
re me on
THE FOREGOING INSTRUMENT
date) by
WAS ACKNOWLEDGED BEFORE ME ON09/19/02
BY KATHY S. KNOX AS DEPUTY PUBLIC
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TRUSTEE OF EAGLE COUNTY COLORADO
rustee~
08/09/03DATE MY COMMISSION EXPIRES:
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"If applicable, insert title of agent or officer and name of current owner and holder.
Original Note and Deed of Trust Returned to:
Received by
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My Commission Expires
August 9, 2003
No. 904. Rev. 6-92. (REQUEST FOR) (RELEASE) OF DEED OF TRUST @ Bradford Publishing, 1743 Wazee St., Denver, CO 80202 -(303) 292-2500- 11-97 096
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