HomeMy WebLinkAboutR94-131 lifting building moratorium on Phase II-A of Eby CreekU Commissioner moved adoption of the following Re4 olution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - /? / Lifting the Building Moratorium on Phase II -A, Eby Creek Mesa Subdivision (Lots A -169, A -170 and Lots A -175 through A -185) WHEREAS, the Board of County Commissioners of Eagle County, Colorado ( "Board ") , on June 12, 1989, adopted Resolution No. 89 -62 (recorded at Book 507, Page 903, of the records of the Eagle County Clerk and Recorder), providing that no building permits be issued within the Eby Creek Mesa Subdivision until such time as the improvements required within the Subdivision are installed, or the subdivision and zoning requirements of the Eagle County Land Use Regulations are otherwise satisfied as reflected by resolution of the Board; and WHEREAS, Resolution No. 89 -62 also prohibited the transfer of individual lots until the owner developed and received Board approval for a plan that meets the requirements for subdivisions under the County's Land Use Regulations; and D 9 -r WHEREAS, the Board approved the plan contained in the Subdivision Improvements Agreement for Lots 1 through 98 of Eby Creek Mesa Subdivision. WHEREAS, by Resolution No. 93 -99 the building Moratorium initiated as a result of Resolution No. 89 -62 was lifted in regards to Phase I of Eby Creek Mesa Subdivision Lots 1 through 98; and WHEREAS, on August 23, the amended final plat Resubdivision of Lots 166 Portions of the Existing Or Eby Creek Mesa filed in t Office in Book 331 at Page and 1994 the Board conditionally approved of Eby Creek Mesa Subdivision, A through 168, Lots 170 through 179 and en Space as shown on the final plat of he Eagle County Clerk and Recorder's 641; subsequently the plat was signed; WHEREAS, as a result of the Subdivision Improvements Agreement for Phase I of the Eby Creek Mesa Subdivision all public improve- ments associated with Phase II -A are either in place or collateral- ized in a form acceptable to the County; and 547275 B -651 P -237 09/29/94 01:43P PG 1 OF 3 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, as to Phase II -A, Eby Creek Mesa Subdivision, consisting of Lots A -169, A -170 and A -175 through A -185, the restrictions im- posed by Resolution No. 89 -62 are removed. Building permits may now be issued for Lots A -169, A -170 and A -175 through A -185, and Lots A -169, A -170 and A -175 through A -185 may be individually transferred. THAT, for all other property within Eby Creek Mesa Subdivi- sion, except for Phase I and Phase II -A, the provisions of Resolu- tion No. 89 -62 shall remain in full force and effect. THAT, the Clerk and Recorder shall cause this resolution to be recorded within the records of the County. The provisions of this resolution shall take effect upon adoption. 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 August, 1994. ATTEST County Commissioners Geofge�A'.Gates, Commissioner Commissioner - � seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: 547275 B -651 P -237 09/29/94 01:43P PG 2 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Q"itz&l 6;4�_ — jr nnette Phillips, Ch.irman ,q 711/ OF 3 -2- i Commissioner Phillips O -IcAe_ Commissioner Johnson Commissioner Gates 7—� —_ This Resolution passed by y D vote County Commissioners of the County of Eagle, Stat #82 -298 sub: 1993 sia of the Board of of Colorado. r \liftrest.eby 547'275 B -551 P -237 09/29/94 01:43P PG 3 OF 3 -3-