HomeMy WebLinkAboutR85-53 deletion of plat restriction for the Terrace` , Commissioner moved adoption
�a of the follawing Resolution
BOARD OF COUNTY COMMISSIONERS
LE i;''i. �'�i_CORDF;i
COUNTY OF EAGLE, STATE OF COLORADO
2. 37 Q ° RESOLUTION NO. 85- 4� 3
DELETION OF PLAT RESTRICTION AS THE
SAME RELATES TO THE TERRACE, FILING
NO. I, COUNTY OF EAGLE, STATE OF
COLORADO
WHEREAS, Eighty Eight Acres, Ltd., a Colorado limited
partnership, hereinafter referred to as the "Subdivider ", on or about
February 26, 1985, 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 Terrace, Filing No. I recorded in Book 414 at Page 471 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 Subidivision Improvements Agreement; and
follows:
WHEREAS, the above - described plat restriction provided as
"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
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 annexed the above described real
property to the Town of Eagle, and the Board has agreed to assign the
Subdivision Improvements Agreement to the Town of Eagle, and any substitute
collateral shall be given to the Town of Eagle, except for the letter of
credit in the amount of Ten Thousand One Hundred Twenty -Nine Dollars and no
cents ($10,129.00), which shall still be given to the County of Eagle, to
secure off -site road improvements; and
WHEREAS, the Subdivider has requested the Board to delete the
aforementioned plat restriction as it relates to The Terrace, Filing No. I;
and
WHEREAS, the Subdivider has substantially completed a number of
the public improvements required within The Terrace, Filing No. I and is
requesting a reduction in the collateral amount to reflect the same from the
Town of Eagle. For those public improvements remaining to be completed
within Filing No. I, the Subdivider will give the Town of Eagle an `n�
irrevocable letter of credit in the amount of �'
no cents fort one - ihoy�nSL m'19
WHEREAS, in conjunction with The Terrace, Filing No. I, the
purpose of the aforementioned plat restriction has been satisfied and CO
E
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
Terrace, Filing No. I recorded in Book 414 at Page 471 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.
THAT, the deletion of the plat restriction set forth herein shall
not, in anyway, be construed as releasing Eighty Eight Acres, Ltd. from the
obligations and agreements within that certain Subdivision Improvements
Agreement dated February 26, 1985, between Eighty Eight Acres, Ltd. and the
Board relative to The Terrace, Filing No. I.
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 opj. C.� , 1985.
ATTEST,
By,,:'
Ja -
o the o
Couni�y'Commissioners
.. o
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
BOARD OF C TY COMMISSIONERS
By:
Davi7d E. Mott, Chairman
Richard L. Gustafson, Commissioner
Donal H: Welcb, o issioner
