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TC Res. No. 1981-16ok'329 225 4'y Recorded at 2:30 P.M. September 17, 1981 Fee $9.00pd ge 087, ~tecorder JOhnnette Phillips Eagle County RESOLUTION NO. 81-16 SERIES OF 1981 WHEREAS, the Town of Avon has executed a Subdivision Improvements Agreement dated July 10, 1979, with Wildridge Development Company which agreement provides for the Town of Avon to hold certain unsold parcels of land as collateral pending the completion of the installation of certain utilities and roads; and WHEREAS, Wildridge Development Company has previously given to the Town of Avon a deed of trust on all of Block 4 in the Wildridge Subdivision; and WHEREAS, Wildridge Development Company has previously given the Town of Avon a deed of trust on all of Block 5-in the Wildridge Subdivision; and WHEREAS, Wildridge Development Company, pursuant to Paragraph 2(d) of said Subdivision Improvements Agreement, has provided to the Town of Avon an up-to-date accounting of the costs of the required improvements, the costs of construction already completed and the estimated remaining costs of said improvements, as well as an up-to-date calculation of the amount of collateral required and needed by the Town of Avon, all as set forth on Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, the Town of Avon has previously agreed to release sixty-one (61) lots from Block 4, per Resolutions Number 10 and 15, Series of 1980, and Resolution Number 81-1, Series of 1981, respectively, all of said lots having been actually released at this time; and WHEREAS, Wildridge Development Company continues to market certain of the lots.in Block 4; and WHEREAS, Wildridge Development Company has requested the Town of Avon to release the remaining twenty-five (25) of said lots in Block 4; and WHEREAS, the Town Council of the Town of Avon being satisfied that the value of the remainng collateral in Block 5, Wildridge Subdivision, is sufficient to satisfy the purposes for which said collateral is being held. NOW, THEREFORE, be it resolved by the Town Council of the Town of Avon, Colorado: THAT, the Subdivision Improvements Agreement referred to hereinabove shall be amended to reflect that the remaining collateral for said Agreement shall be all of Block 5, Wildridge Subdivision, or such other collateral as the Town of Avon and Wildridge Development Company may mutually agree upon from time to time. BE IT FURTHER RESOLVED, that the Town of Avon release that certain deed of trust encumbering Lots 1 through 91, Block 4, Wildridge Subdivision as per the recorded plat thereof as recorded in Book 288 at Page 124, County of Eagle, State of Colorado. EXECUTED this day of September, 1981. „t~~rerrrrrr;,r~ATTEST': sl~ i Patricia J. Doyl Town Clerk Angelo V. lpi, Mayor i • EXHIBIT A WILDRIDGE SUBDIVISION CALCULATION OF COLLATERAL FOR TOWN OF AVON AS OF AUGUST 1, 1981 COLLATERAL NEEDED Estimated Actual Estimated Balance to Constructi on Balance to Complete Payments J an- Complete 1-01-81 uary thru July 8-01-81 gads, Drainage & Revegetation S 512,384 204,733 ) $ 3079651 ewer 666,147 ( 289,102 ) 377,045 .ectrical 1880896 ( 105,049 ) 83,847 tgneering, Staking & Platting 91,803 ( 110;280 ) (18,477) !lephone 380,494 ( 176,259 ) 204,235, $ 10839,724 885,423 ) lance to be Collateralized $ 954,301(A) Average Sales Price for 252 Lots Sold in Bloc ks 1-4 $ 61,358(B) Approximate'Number of Lots Needed by Town (A) (B) 16 COLLATERAL PRESENTLY HELD AND REQUESTED CHANGE Lot's in Block 4 After Previou sly Authorized Rel eases at Average of $61,358 $1,533,950 Lots in Block 5 at Average of $61,358 1,595,308 TAL $3,129,258 ss'25 Additional Lots In Block 4 Requested to be Released (1,533_,950)- tal'to be held by Town (26 X $61,358) $1,595,308 Quo-nJ, GAO- ~/6.z~ Ll Recorded at o'clock- M., Reception No r Recorder. KNOW ALL MEN BYTHESE PRESENTS: That, Whereas, WILDRIDGE DEVELOPMENT COMPANY, a Partnership by DEED OF TRUST dated the 11th day of October 1979 , and duly recorded in the office of the County Clerk and Recorder of the County of Eagle , in the State of Colorado, on the 17th day of October , 19 79 , in book 292 , on page, 856 , (Film No. , Reception No. 189253 _ conveyed to the Public Trustee in said County of Eagle , certain real estate in said Deed of Trust described, in trust to secure to the order of TOWN OF AVON the payment of the indebtedness mentioned therein. AND WHEREAS, Said indebtedness has been paid and the purposes of said trust have been fully satisfied; NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed of Trust, and in consideration of the premises, and in further consideration of the sum of Five Dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of Eagle do hereby remise, release and quit-claim unto the present owner or owners of real estate and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which I have in and to the said real estate, as such Public Trustee, in said Deed of Trust mentioned; and more particularly described as follows, to wit: Lots 1 through 91 of Block 4, Wildridge Subdivision as per the recorded plat thereof as recorded in Book 288 at Page 124, County of Eagle, State of Colorado. situate, lying and being in the County of Eagle and State of Colorado. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto belonging forever. And further, that the said Trust Deed is, by these presents, to be considered as fully and absolutely released, cancelled and forever discharged. WITNESS my hand and seal,'this day of ,19 (SEAL) As the Public Trustee in said County of ag e By Deputy Public Trustee. STATE OF COLORADO, SS. County of EAGLE The foregoing instrument was acknowledged before me this day of , 19 81, by as the Public Trustee in said County of Eagle , Colorado. „ My Commission expires r Witness my hand and official seal. Notary Public. The_ Public Trustee in said County of Eagle Please•execute this release, the indebtedness secured by the above mentioned Deed of Trust having been fully'paid. holder of the By Mayor of Trust. n No.935. RELEASE OFDE-IDOFTRUST BYITHEPUBLIC TRUSTEE. a Bradford Publishing. 5825 W. 6th Ave.. Lakewood. C080214-(303)233-6900-4-81