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HomeMy WebLinkAboutR97-122 release of plat restriction for Cordillera Valley Club - The Sanctuary'Y l Commissioner M moved adoption of the following Reso ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION AUTHORIZING THE RELEASE OF THE PLAT RESTRICTION FOR THE AMENDED FINAL PLAT OF CORDILLERA VALLEY CLUB FILING 6, THE SANCTUARY RESOLUTION NO. 97 - _I 'a WHEREAS, pursuant to C.R.S. 30- 28 -37, the Board of County Commissioners of the County of Eagle, State of Colorado ( "County ") entered into a Subdivision Improvements Agreement dated July 9, 1996 ( "Agreement ") with Design Concepts Development Corporation( "Subdivider ") as a condition of final plat approval for Cordillera Valley Club Filing 6, The Sanctuary; and WHEREAS, the Subdivider provided collateral in the form of a Plat Restriction to guarantee the faithful completion of the public improvements; and WHEREAS, pursuant to the Agreement the Subdivider may substitute collateral at any time for another form of collateral acceptable to the Board; and WHEREAS, by Eagle County Consent No. 96 -30, the Subdivider substituted collateral and provided collateral in the form of Letter of Credit No. 959 -8723 issued by FirstBank of Avon, in a form acceptable to the County Attorney; and WHEREAS, on April 29, 1997, the County approved an Amended Final Plat for Cordillera Valley Club Filing 6, The Sanctuary, recorded in Book 727 and Page 142 of the records of the Eagle County Clerk and Recorder's Office; and 3 T� WHEREAS, the purpose of the Amended Final Plat for Cordillera Valley Club Filing 6, The Sanctuary, was to add a common driveway easement across certain lots and to make address corrections; and WHEREAS, the Amended Final Plat contains a Plat Restriction (Plat Note No. 7) which was to serve as collateral for those public improvements required under the Subdivision Improvements Agreement; and WHEREAS, there were no new public improvements required as a condition of approval of the Amended Final Plat, therefore, the Plat Restriction on the Amended Final Plat was unnecessary, as the Subdivider had already substituted collateral and provided the County with a Letter of Credit in an amount sufficient to guarantee the completion of the public improvements required under the Agreement; and WHEREAS, Subdivider requests a release of the plat restriction which appears on the Amended Final Plat for Cordillera Valley Club Filing 6, The Sanctuary. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Chairman of the Board hereby authorizes the release of the plat restriction for the Amended Final Plat for Cordillera Valley Club Filing 6, The Sanctuary, as the Board is currently holding sufficient collateral to guarantee the completion of those public improvements association with Cordillera Valley Club Filing 6, The Sanctuary. THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the plat restriction for the Amended Final Plat for Cordillera Valley Club Filing 6, The Sanctuary is released. THAT, this Resolution is necessary for the public health, safety and welfare of the citizenry of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State..of Colorado, at its regular meeting held the _ day of t� ij yy�f/�pp� 1997. COUNTY OF EAGLE, STATE OF of g�, ;�e COLORADO, by and Through Its ATTEST: y�'°o_ BOARD OF COUNTY COMMISSIONERS ti C-lerk to ehe Board of County Commissioners By: Johnnette Phillips, Chairman Georger/A. Gates, Commissioner Commissioner seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Phillips Commissioner Johnson Commissioner Gates This Resolution passed by �� —(� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. Mta \r \cvcamd6.sub 92 -16