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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. ='~:~¢,P~ PAP' sL$ d :5- 'l -1 r'i F-e ~ Y F A Patty . M Kenny, Town erk s 4 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 D 0.00 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 ii Tc)h-n W- - S~ Date Commission Expires / ~j Signature Z: Y". : Ica 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 O z x W Q w Q O U W I4 z w x 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 - as thp, TRUSTEE OF EAGLE COUNTY COLORADO rustee~ 08/09/03DATE MY COMMISSION EXPIRES: ;olorado~- liatc wrurui~aa 1n Expires "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 3 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 C~ '-,Public Trustee s'- - 0,9g0o 3315~ay by Deputy Public T astee Witnes My Hand a cif k f,~ C \L ~ C TL 1 Notar P~ m S1 A r~