HomeMy WebLinkAboutR85-21 plat restriction on The Summit Vista SubdivisionCommissioner ) moved adoption
of the following Resolution-
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 85 - -/
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110HUNETTE t1�LL� ?t
,-A?3LE CT'f' llrcori'r.
DELETION OF PLAT RESTRICTION AS THE fq� 8
SAME RELATES TO LOTS T20 THROUGH 40, MAP, MP 5 L 37?M,F
INCLUSIVE, OF THE SUMMIT VISTA
SUBDIVISION, COUNTY OF EAGLE, STATE OF
COLORADO
WHEREAS, Summit Vista; Ltd., hereinafter referred to
as the "Subdivider ", on or about August 22, 1984, entered into
a Subdivision Improvements Agreement with the Board of County
Commissioners of the County of Eagle, State of Colorado,
hereinafter referred to as the "Board "; and
WHEREAS, pursuant to the aforementioned Agreement,
the Subdivider provided collateral by means of a plat
restriction on the final plat of the Summit Vista Subdivision
recorded in Book 395 at Page 305 of the real property records
of the County of Eagle, State of Colorado, to guarantee
faithful performance and completion of certain public
improvements identified within the subject Subdivision
Improvements Agreement; and
WHEREAS, the above - described plat restriction
provided as follows:
"THIS PLAT AND THE LOTS DESCRIBED HEREIN IS
SUBJECT TO THE FOLLOWING RESTRICTION:
(a) SUBDIVISION IMPROVEMENTS
AGREEMENT. There shall be no
sales, leases, or any other form of
conveyance of the real property
described on this plat without
permission of The Board of County
Commissioners, nor shall building
permits be issued for the above
described real property until such
time as this restriction shall be
deleted by The Board of County
Commissioners. ": and
1 J
WHEREAS: Section 3 of the subject Subdivision
Improvements Agreement provides the Subdivider may: at any
time, substitute the collateral originally deposited with the
Board for another form of collateral acceptable to the Board to
guarantee the faithful completion of the required public
improvements and the performance of the terms of the subject
Subdivision Improvements Agreement, and
WHEREAS, the Subdivider has substantially completed a
number of the public improvements required within Phase I of
the Summit Vista Subdivision and has requested a reduction in
the collateral amount to reflect the same. Further, the
Subdivider has requested the Board to delete the aforementioned
plat restriction as it relates to Phase I, Lots 20 through 40,
inclusive, of the Summit Vista Subdivision, and for those
public improvements remaining to be completed within Phase I,
to accept, as substitute collateral, an irrevocable letter of
credit in the amount of sixty--six thousand three hundred
dollars and no cents ($66,300.00); and
WHEREAS, in conjunction with Phase I: Lots 20 through
40, inclusive, of the Summit Vista Subdivision, the purpose of
the aforementioned plat restriction has been satisfied and
adequate security has been given to guarantee and secure the
completion of all remaining public improvements required under
the subject Subdivision Improvements Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the plat restriction appearing on the final
plat of the Summit Vista Subdivision recorded in Book 395 at
Page 305 of the real property records of the County of Eagle,
State of Colorado, hereinabove more fully set forth, be, and
the same hereby is, deleted only as such plat restriction
relates and applies to Lots 20 through 40, inclusive, of the
Summit Vista Subdivision.
THAT, the recordation in the real property records of
the County of Eagle, State of Colorado, of an original of this
Resolution shall constitute the formal release of record of the
above - described plat restriction only as the same relates to
Lots 20 through 40, inclusive, o£ the Summit Vista Subdivision.
THAT, the above - described plat restriction shall
remain on the final plat of the Summit Vista Subdivision, and
be applicable to, and in full force and effect, for Lots 1
through 19, inclusive, and Lots 41 through 47, inclusive, of
the Summit Vista Subdivision as identified on the recorded
final plat thereof.
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THAT, the deletion of
herein shall not, in any way, be
Vista, Ltd. from the obligations
certain Subdivision Improvements
1984, between Summit Vista, Ltd.
Summit Vista Subdivision.
the plat restriction set forth
construed as releasing Summit
and agreements within that
Agreement dated August 22,
and the Board relative to the
THAT, the Board hereby determines the deletion of the
plat restriction set forth herein will not abrogate the rights
of the Board in enforcing the satisfactory completion of those
public improvements remaining to be completed, by reason the
Board still retains the plat restriction as it relates to Lots
1 through 19, inclusive, and Lots 41 through 47, inclusive, of
the Summit Vista Subdivision, which is sufficient to guarantee
completion of the same.
THAT, the Board hereby finds; determines and declares
that this Resolution is necessary for the public health,
welfare, and safety 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 1985.
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ATTESrD-
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By : Jf
er7� of
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF COUNTY COMMISSIONERS
By.
Board of
ssioners
Do a d H. Wel�ommissioner
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Commissioner �'✓��1 seconded adoption
of the foregoing resolution. The roll having been called. the
vote was as follows:
Commissioner David E. Mott
Commissioner Richard L. Gustafson l
Commissioner Donald H. Welch
This Resolution passed by ivWGi IYIOkS vote of. the Board of
County Commissioners of the County of Eagle, State of Colorado.
