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HomeMy WebLinkAboutR88-013 Berry Creek Subdivision Acceptance of Roads0 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 88- 1 3 ACCEPTANCE OF 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 Metro- politan District (the "District ") and June Creek Ranch Company (the "Subdivider "), did, on or about January 22, 1980, enter into a Subdivision Improvements Agreement (hereinafter the "Agreement ") with the Board, wherein the District agreed to make certain public improvements; and WHEREAS, the District has made application to the Board for acceptance of a portion of the public rights -of -way located within Berry Creek Ranch Subdivision, Filing No. 4, 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 February 8, 1988, including oral and written recommendations of Larry Metternick, Eagle County Engineer, the Board hereby determines to approve the District'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 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 incorporat- ed into that certain Subdivision Improvements Agreement dated January 22, 1980, between the Board, the District, and the Subdivider relative to Berry Creek Ranch Subdivision, Filing No. 4. THAT, the Board hereby formally accepts for maintenance the aforementioned public rights -of -way. THAT, in consideration of the Board's actions herein, the District has agreed, and shall be fully responsible and obligated, to correct, to the satisfaction of the Board, any and 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 February 8, 1988, and ending February 8, 1989. 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 Berry Creek Ranch Subdivision, Filing No., 4. 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. he 1 day of February 1988. 0 COUNTY OF EAGLE, STATE OF oot COLORADO, By and Through Its ATTEST: ° Do BOARD OF COUNTY COMMISSIONERS Clerk of the Board o County Commissioners By: George X. Gates Chairman -2- Commissioner tMdl seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates - Commissioner Donald H. Welch 4 Commissioner Richard L. Gustafson G This Resolution passed by Uvg hcrk,y,,,j vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3- EXHIBIT A ACCEPTANCE OF ROADS FOR MAINTENANCE BERRY CREEK RANCH SUBDIVISION, FILING NO. 4 Singletree Road from Snaffle Road to the west side of the Bronco Road intersection Snaffle Road from Winslow Road through the cul -de -sac 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. -4-