HomeMy WebLinkAboutR89-010 accepting certain roads in Berry Creek Subdivision Filing 4Commissioner G A moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 89- 16
ACCEPTANCE OF CERTAIN ROADS - BERRY CREEK SUBDIVISION,
FILING NO. 4, COUNTY OF EAGLE, STATE OF COLORADO
WHEREAS, as a condition of the final plat approval of Berry
Creek Ranch Subdivision, Filing Nos. 3 and 4, by the Board of
County Commissioners of the County of Eagle, State of Colorado
(hereinafter "the Board "), the Berry Creek Metropolitan District
( "the District ") and June Creek Ranch Company ( "the Subdivider ")
did, on or about January 22, 1980, entered into a Subdivision
Improvements Agreement (hereinafter the "Agreement ") with the
Board, wherein the District agreed to make certain public
improvements; and
WHEREAS, the Subdivider has made application to the Board
for acceptance of a portion of the public rights -of -way which
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 oral and written recommendations of
the Eagle County Engineer, 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 maintenance, 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 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
Agreement described hereinabove.
THAT, the Board hereby formally accepts for maintenance the
aforementioned public rights -of -way.
THAT, in consideration of the Board's action herein, the
District and Subdivider have agreed and shall be fully
responsible and obligated to correct, to the satisfaction of the
Board, all defects arising from or related to workmanship and
materials failures (beyond normal wear and tear) in the
construction of the aforementioned public rights -of -way by the
District, for a one -year period commencing October 18, 1988, and
ending October 18, 1989.
THAT, the Board's acceptance of
rights -of -way for maintenance purpos
rights of the Board in enforcing the
those public improvements required as
final plat approval of Berry Creek
No. 4.
the aforementioned public
=_s shall not abrogate the
satisfactory completion of
a condition of the Board's
Ranch Subdivision, Filing
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 the County of Eagle, State of Colorado,
held the day of January, 1989.
of County Commissioners
at its regular meeting
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By : \�
Dona d H. Welch, Chairman
George�2. G apes, Commissioner
Commissioner �� /ek seconded adoption of the
foregoing resolution. The roll having been called, the vote was
as follows:
Commissioner Donald H. Welch
Commissioner George A. Gates
Commissioner Richard L. Gustafson
This Resolution passed by C� ds emu/ t� ®try vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
EXHIBIT A
ACCEPTANCE OF ROADS FOR MAINTENANCE
BERRY CREEK RANCH SUBDIVISION, FILING NO. 4
Singletree Road - from Bronco Drive east to Filing
No. 4 boundary
Mustang Road
Pinto Drive
Bronco Road
as the same are depicted on that certain final plat for Berry
Creek Ranch Subdivision, Filing Nos. 3 and 4, as filed in the
office of the County Clerk and Recorder in Book 299 at Page 322.
