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HomeMy WebLinkAboutR97-140 final release of collateral for Eby Creek Mesa Phase IIBCommissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97• /_ S,_ FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR EBY CREEK MESA SUBDIVISION, PHASE IIB WHEREAS, pursuant to C.R.S. 30- 28 -37, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board ") entered into a Subdivision Improvements Agreement dated September 26, 1994 ( "Agreement ") with Eby Creek Mesa Limited Partnership, a Colorado Limited Partnership, whose general partner is Eagle River Land Company, Inc., a Colorado corporation ( "Subdivider ") , as a condition of final plat approval for Eby Creek Mesa Subdivision Phase IIB; and WHEREAS, by Eagle County Consent No.95 -32, the County commenced the warranty period for Eby Creek Mesa Subdivision, Phase IIB, said warranty period to expire on October 11, 1997; and 11 WHEREAS, both the Subdivider and the Engineering Department state that the work required under the Agreement are complete and acceptable and the Engineering Department recommends full release of the collateral and the termination of the warranty period, see Exhibit "A ", attached hereto and incorporated herein by this reference. Based upon the oral and written recommendations of the County staff, THE BOARD FINDS that the Subdivider's obligations under the SIA have been satisfied. 1111111 "III "111"1'1' 1111111111111111 III 111'111111111 637564 10/28/1997 03:22P B741 P615 1 of 4 R 0.00 D 0.00 Sara J Fisher, Eagle, CO h} NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the full and final release of collateral and the termination of the warranty period for Eby Creek Mesa Subdivision, Phase IIB. THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for.Eby Creek Mesa Subdivision, Phase IIB has been successfully completed and that the Subdivider's obligations under the SIA are complete. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the r)% %1Z day of October, 1997. C., SAP o ��it /AEr® �3i' Q „T By: lerk to the Board o 0 County Commissioners I1111111111” 111111111111111111111111111111111 1111111111111 637864 10/28/1997 03:22P B741 P618 2 of 4 R 0.00 D 0.00 Sara J Fisher, Eagle, CO COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Johnnette Phillips, Chairman ames E. Jo on, J Commissioner Georg A. Gates, Commissioner S i f Commissioner /1i� �//9H seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Johnnette Phillips %/� ®6� Commissioner James E. Johnson, Jr. c7o Commissioner George A.' Gates��[�_ This Resolution passed by ���� /y�y�� p� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 82-248 I I"III "III "III"I'I' IIII"II'I' II"I III "I" IIII I"I mta \r \ebyiib.ter 637564 10/28/1997 03:22P 8741 P618 3 of 4 R 0.00 D 0.00 Sara J Fisher, Eagle, CO t 4 I EAGLE COUNTY ENGINEERING TO: Maureen Amundson, Attorney's Office FROM: Mike Gruber, Engineering DATE: 10/7/97 RE: Eby Creek Mesa, Phase IIB, Final Release Collateral; Termination of SIA, County Maintenance of Roads A request has been submitted by Eby Creek Limited Partnership, Wendy Sacks, President, for collateral release for Eby Creek Mesa Subdivision, Phase II. Inspection performed October 3, 1997 indicates the improvements under the two year warranty period are complete and acceptable. Release of collateral representing 10% retainage for the warranty period and termination of the SIA is recommended. Regular County maintenance of the roads in this phase is recommended for Neilson Gulch Road having a 60 foot right -of -way width and a length of 0.67 of a mile, for the western segment of Mesa Drive having a 60, foot right -of -way width for a length of 0.32 of a mile south from the intersection with Neilson Gulch Road, and Sagebrush Court having a 50 foot right -of -way for a length of 0.10 of a mile. 11111111111111111111111111111111111111 III 111111111 IN 637864 10/28/1997 03:22P B741 P615 4 of 4 R 0.00 D 0.00 Sara J Fisher, Eagle, CO xc: George RoussOS, County Engineer Chrono /File