HomeMy WebLinkAboutR85-66 deletion of plat restriction for Eagle HillsCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 85- � 0
DELETION OF PLAT RESTRICTION AS THE SAME RELATES TO THE EAGLE
HILLS SUBDIVISION, COUNTY OF EAGLE, STATE OF COLORADO
WHEREAS, Gershon, Ltd., as the Subdivider of the Eagle Hills
Subdivision (hereinafter the "Subdivider "), in August, 1980,
entered into a Subdivision Improvements Agreement with the Board
of County Commissioners of the County of Eagle, State of Colorado
(hereinafter the "Board "); and
WHEREAS, in conjunction with the aforementioned Subdivision
Improvements Agreement, a plat restriction was placed on the
final plat of the Eagle Hills Subdivision recorded in Book 307 at
Page 863 of the real property records of the County of Eagle,
State of Colorado, which plat restriction provided as follows:
"NOTE: No Building Permits Shall Be Issued Until Terms
Of The Subdivision Improvements Agreement Are Met. ";
and
WHEREAS, the Subdivider has requested the Board to delete
the aforementioned plat restriction from the final plat of the
Eagle Hills Subdivision; and
WHEREAS, the Subdivider has substantially completed a number
of the public improvements required within the Eagle Hills
Subdivision; and
WHEREAS, the purpose of the aforementioned plat restriction
has been satisfied, and other adequate security has been given to
guarantee and secure the completion of all remaining public
improvements required under the subject Subdivision Improvements
Agreement; such other security being in the form of a promissory
note in the amount of $60,000.00 secured by a first deed of trust
on Lot 9, and a part of Lot 8, Eagle Hills Subdivision.
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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 Eagle Hills Subdivision recorded in Book 307 at Page 863 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 here -r:
shall not, in any way, be construed as releasing Gershon, Ltd.,
from the obligations and agreements within that certain
Subdivision Improvements Agreement dated August, 1980, between
Gershon, Ltd., and the Board relative to the Eagle Hills
Subdivision.
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 Commis-
sioners of the County of Eagle, State of Colorado, at its regular
meeting held the day of , 1985.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTEST: BOARD OF COUNTY COMMTRRTnmRP.q
7 ,
By:_ By
erk of the oard of
County Commissioners
Donald H. Welch, ComnUssioner
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Commissioner �e'�� seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner David E. Mott )I-N-0
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch
This Resolution passed bygfO711( vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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