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HomeMy WebLinkAboutR86-095 acceptance of roads in Homestead Filing 1Commissioner /=a , ✓ moved adoption of the following Resdlution: COUNTY OF EAGLE, STATE OF COLORADO NO. 86- ACCEPTANCE OF ROADS - THE HOMESTEAD, FILING NO. 1, COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, as a condition of the final plat approval of The Homestead Subdivision, Filing No. 1, by the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), Homestead Ranch Development Corp. (hereinafter the "Subdivider "), did on or about August 4, 1981, enter into a Subdivision Improvements Agreement (herein- after the "Agreement ") with the Board; and WHEREAS, the Subdivider has made application to the Board for acceptance of a portion of the public rights -of -way located within The Homestead Subdivision, Filing No. 1, by reason that such public rights -of -way have been constructed and completed in accordance with the plans and specifications approved by the Board and incorporated into the Agreement; and WHEREAS, based upon the evidence presented to the Board at its regular meeting of December 22, 1986, including oral and written recommendations of Larry Metternick, Eagle County Engineer, and the Subdivider's response thereto, the Board hereby determines to approve the Subdivider's request that the roads described in Exhibit A, attached hereto and made a part hereof by this reference, be accepted by the Board for mainten- ance subject to the terms and conditions set forth hereinbelow. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby finds and determines that those certain public rights -of -way described on the attached Exhibit A have been constructed and completed in accordance with the plans and specifications approved by the Board and incorporated into that certain Subdivision Improvements Agreement dated August 4, 1981, between the Board and the Subdivider relative to the Homestead Subdivision, Filing No. 1. 3 THAT, the Board hereby formally accepts for maintenance the aforementioned public rights -of -way. THAT, in consideration of the Board's actions herein, the Subdivider has agreed, and shall be fully responsible and obligated, to correct, to the satisfaction of the Board, any and all defects arising form, or related to, workmanship and materials failures, beyond normal wear and tear, in the construction of the aforementioned public rights -of -way by the Subdivider, for a one -year period commencing December 22, 1986, and ending December 22, 1987. THAT, the Board's acceptance of the aforementioned public rights -of -way for maintenance purposes shall not abrogate the rights of the Board in enforcing the satisfactory completion of those public improvements required as a condition of the Board's final plat approval of the Homestead Subdivision, Filing No. 1. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, welfare, and safety in the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commis- sioners of the County of Eagle, State of Colorado, at its regular meeting held the day of � 1986. NZ ry COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its S7 BOARD _OF__ COUNTY __COMMISSIONERS Commissioners F OF -2- Commissioner v seconded adoption of the foregoing resolution. Th roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner Richard L. Gustafson Commissioner John F. Loughran This Resolution passed by a"4u4n '11�ote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3- l EXHIBIT A ACCEPTANCE OF ROADS FOR MAINTENANCE THE HOMESTEAD, FILING NO. 1 Homestead Drive - from north plat boundary through Cameron Place /Windom Court intersection. Castle Peak Lane - entire road. Lathrop Lane - entire road. Allen Circle - entire road. Creamery Trail - entire road. Spring Creek Court - entire road EXCEPT the west cul -de- sac bulb. Cameron Place - entire road EXCEPT the cul -de -sac bulb, as said roads and /or portions of road are more particularly depicted on the final plat of The Homestead, Filing No. 1, recorded in Book 327 at Page 168, Reception No. 223530, real property records of the County of Eagle, State of Colorado.