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HomeMy WebLinkAboutR82-088 acceptance of roads south forty subdivisionh RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 82- g0 ACCEPTANCE OF ROADS - SOUTH FORTY SUBDIVISION, COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, Edwards Development Associates, a limited partnership, hereinafter referred to as "Subdivider," did on or about November 12, 1976, enter into a Subdivision Improvements Agreement with the Board of County Commissioners, County of Eagle, State of Colorado, hereinafter referred to as the "Board." The Subdivider pursuant to said agreement provided collateral by means of certain Deeds of Trust in favor of Eagle County in the amount of Ninety One Thousand Nine Hundred Dollars ($91,900.00) covering lots C -2, R -21, R -22, R -23, R -24, and R -30, respectively, South Forty Subdivision, to guarantee faithful performance and completion of certain public improvements, i.e, construction of streets, drainage and utilities as shown on the final plat of said subdivision; and WHEREAS, the Board on September 27, 1980, released that certain Deed of Trust with respect to Lot C -2 of the South Forty Subdivision; and WHEREAS, the Board on October 9, 1979, released that certain Deed of Trust with respect to lot R -24 of the South Forty Subdivision; and WHER'AS, the Board on May 28, 1980, released those certain Deeds of Trust with respect to lots R -21 and R -22, respectively, of the South Forty Subdivision; and WHEREAS, the Board on January 5, 1981, released that certain Deed of Trust with respect to lot R -23 of the South Forty Subdivision; and WHEREAS, the Board still retains that certain Deed of Trust with respect to lot R -30 of the South Forty Subdivision, to secure the satisfactory completion of those public improvements remaining to be constructed or completed; and WHEREAS, the Subdivider has requested the Board to accept for maintenance those roads within the subject subdivision designated as public rights -of -way on the final plat thereof, by reason that such public roads have been constructed and completed in accordance with the plans and specifications approved by the Board and incorporated into the Subdivision Improvements Agreement relative to the South Forty Subdivision; and WHEREAS, based upon the evidence presented to the Board at its regular meeting on September 29, 1982, including that certain letter dated August 3, 1982, from Larry Metternick, County Engineer, to Dean Malsom, Project Engineer for the Subdivider, and the Subdivider's response thereto, the Board hereby determines to approve the Subdivider's request subject to the terms and conditions set forth hereinbelow. NOW, THEREFORE, be it resolved by the Board of County Commissioners, County of Eagle, State of Colorado: THAT, the Board hereby finds and determines that those certain roads designated as public rights -of -way or easements on the final plat of the South Forty Subdivision, County of Eagle, Colorado, have been constructed and completed in accordance with the plans and specifications 2 approved by the Board and incorporated into that certain Subdivision Improvements Agreement dated November 12, 1976, between the Board and the Subdivider relative to the South Forty Subdivision. THAT, in accordance with Section 2.23.17 of the Land Use Regulations, County of Eagle, State of Colorado, 1982, as amended, the Board hereby formally accepts for maintenance those certain roads designated as public rights -of -way or easements on the final plat of the South Forty Subdivision, County of Eagle, State of Colorado. THAT, in consideration of the Board's actions herein, the Subdivider has agreed, and shall be responsible and obligated to perform and complete in a good workmanlike manner the following public improvements: 1. the re- evaluation of the need for an additional culvert under or adjacent to U.S. highway No. 6; 2. the re- installation of an extension of culvert pipe at the intersection of Bull Run and Lariat Loop in the subject subdivision; 3. the cleaning of the culvert at the intersection IQ of Bull Run and Lariat Loop in the subject subdivision; and 4. the construction and completion of the holding or settlement ponds required of the Subdivider as a condition of final plat approval of the subject subdivision. THAT, the Board's acceptance of the public rights -of -way for maintenance purposes shall not abrogate the rights of the County in enforcing the satisfactory completion of those public improvements remaining to be completed, by reason that the Board will still hold a Deed of 'Trust on one remaining Lot, R -30, which is sufficient to guarantee completion of same. 3 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 UNANIMOUSLY ADOPTED by the Board of County Commissioners, County of Eagle, Colorado, at its regular meeting held this day of October, 1982, non pro tunc September 29, 1982. COUNTY OF EAGLE, STATE OF COLORADO By and through its ATTES BOARD OF COUNTY COMMISSIONERS By �l%�f 2C�� BY: erk to the Board of Dale F. Grant, hairma'n aunty Commissioners -5 -C! 67// Keith Troxel, Commissioner 1� 174 t Dan"Wi-Iliams, Commissioner 4