c.? 0 pad MUNICIPAL COURT, CITY OF AURORA, COLORADO Case No. Z-90211, Division 6 6S3 ORDER THE CITY OF AURORA BY AND ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO, Plaintiff vs. LAKEWOOD ASSOCIATES, Defendant. 00046818 05/15/1995 04:301) Book 7954 Page 413 Rec Fee: $25:00 Doc Fee: $0.00 Donetta Davidson Arapahoe Co CLK/REC THE COURT, being fully advised in the premises and finding that the defendant has paid the City's claim for costs in full, does hereby grant the City's Motion to release the Notice of Lis Pendens filed by the City on June 8,1990 in the real property records of Arapahoe County, Colorado. L.:. book 5cnLka `" rthe- 4 Dated this day of -W\CI- -el\, 1995. BY THE COURT icipal Court J v et 1/44.31_ CterSie-as.a_ VVn.0.41-Lev. in S krq LI Anc9a.ta. 1.L*-1. [pnl p2) ExAmINE -
Inst :00046818 Book :7954 Page :414 MUNICIPAL COURT, CITY OF AURORA, COLORADO Case No. Z-90211, Division 6 MOTION TO RELEASE NOTICE OF US PENDENS THE CITY OF AURORA BY AND ON BEHALF OF THE PEOPLE OF THE STATE OF COLORADO, Plaintiff vs. LAKEWOOD ASSOCIATES, Defendant. COMES NOW the City of Aurora (the "City"), by and though its attorney, Michael J. Hyman, and for its Motion to Release Notice of Lis Pendens, hereby states the following: On June 8, 1990, the City filed a Notice of Lis Pendens in the above-captioned matter (the "Notice") in the real property records of Arapahoe County, Colorado, asserting a claim against the defendant for the costs of securing an unsecured building pursuant to court order. (A copy of the Notice is attached hereto and incorporated herein as Exhibit A). According to the Notice, the City's claim affected the following described real property: Lots 1 through 12, except triangle in NW corner of Lot 7, Block 2, Colfax Avenue Park, also known by street and number as 1470 Emporia Street. On May 3, 1991, the City Clerk of the City, upon being notified that the City had received full payment of its claim, signed a document which purported to release the Notice filed in the above-captioned matter (the "Release"). The Release was subsequently filed in the real property records of Arapahoe County, Colorado on May 10, 1991. To the best information and knowledge of the undersigned attorney, no order authorizing the release of said Notice has been issued by this Court. (A copy of said Release is attached hereto and incorporated herein as Exhibit B). The City is presently attempting to foreclose on a deed of trust it holds for property located at 9800 East Colfax Avenue Said property appears to have been inadvertently included in the legal description cited in the Notice. Nevertheless, copies of the Notice and the Release are recorded in the chain of title for said property.
Inst :00046818 Book :7954 Page :415 5. The Notice, as recorded, constitutes an unwarranted cloud on the title to the 9800 East Colfax Avenue property. The City's title insurer has informed the undersigned attorney that the recordation of an order from this Court releasing the Notice is required to clear said title. WHEREFORE, the City respectfully requests that this Court grant its Motion to Release the Notice of Lis Pendens filed in the above-captioned matter. L Dated this day of ri ow,, 1995. OFFICE OF THE CITY ATTORNEY CITY OF AURORA, COLORADO J. Hyman 1470 South Havana ee Aurora, Colorado 80012 Telephone: (303) 695-7030 [Pn1P]
119000015501 B45942 P102090204 06/08/90 iu 'i WARM PAX RECIPE APIPNCE COLN11, CO fec 10.00 DX 0.00 COURT Aurora Municipal COUNTY OF Arapahoe COLORADO.8.30459442P8412O4 Case No. Z-902I1 Division/Court Room Division 6 NOTICE OF its PENOENS City of Aurora vs Lakewood Associates P. O. Box 21447 Reno, Nevada 89515-1447 Plaintiff, Defendant, NOTICE is hereby given that a civil acticn has been commenced and is pending in the court named above wherein The City of Aurora has asserted a claim to bu Iding by Court Order. whirr claim affects the following described real property situate in the City of Aurora County of Arapahoe State of Colorado, to wit: the property descr 'ed as Lots 1 thru 12 except triangle In AW corner of Lot 7 Block 2 Colfax Avenue Park Parcel ID Number, 1973-03-1-06428 alsi' known by street and number as: 1470 Emporia Street Dated this 7th day of June. 1990../7/2...- p: ''' 41,, /.C----' / :- -- amal, ttgor ni /,'... i 4..% 4:1/4 : 4 re. er, Area II uou t services Department / /Notary Public. c' :..),., j 0., J. '" /,',.' -r let Ate).** n., i ge :416
..11100033144' IK 133 MEINSOPPI 415/1091..J..0111,10,5: IIVIJ3nE AWE Nara, tavola calm. trs RELEASE OF LIS PROMS CITY Of AURORA COMMUNITY SERVICES DEPARTMENT 1470 South Havana Street, Suite 616, Aurora, Colorado 80012 TO ALL WHOM IT MAY CONCERN, KNOW YE, ank6153f4s(700 THAT, WHEREAS, the City of Aurora, Colorado, did, on the 8 day of June 19_10_, file Notice of Lis Pendent with the County Clerk and Recorder for Arapahoe County, State of Colorado, thereby creating an encumbrance against the following described property: Schedule Number 1973-03-1-06-028 Lot 1 thru 12 Block 2 Subiivision East Colfax Avenue Park Arapahoe County, Colorado more commonly described as: 1470 Emporia Street situate, lying and being in the City of Aurora, County of Arapahoe and State of Colorado, for proposed abetement action and accompanying Costs pursuant to Aurora City Code Section 19-19 (I), being duly recorded in Book 5942 Page 204 of the Clerk and Recorder's Records: and WHEREAS, on the 3 day of May 19 91 the City of Aurora, 10-MW-did receive from, or on behalf of, terbebtor, payment-ii full for the expenses of abatement including administrative costs claimed to be due in the Notice of Lis Pendens duly recorded/or the City determined that the Notice of Lis Pendens was issued in Administrative e7ro e/or that the City has equitably resolved the dis pute causing the filing of the Notice of Lis Pendens, and NOW, THEREFORE, tne City of Aurora, Colorado hereby re l eas114. As above described Notice add consents that said Notice be discharg,41(arecodc,,... * 15;\ CITY OF AURORA :0906RO: /1% kmunicipal Co o taun)..!cc :, t 14.6_ : Donna L. Young 5 e,? ; I 1 if Deputy City Clerk,'_, STATE OF COLORADO ) COUNTY OF ADAMS/ ) ARAPANOE/DOUGLAS ) NOTARY The foregoing Release of Lis Pendens was acknowlegg'd.47.00.% on this ;! ' day of %/la,, A.O. 192L by DONNApUlliIkAretpt City Clerk for the City,pf Aurora, Colorado. 5, :"61. I) Witness hand and official seal - / / My Commission Expires 1/6//q/ Inst :00046818 Book :7954 Page :417