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HomeMy WebLinkAboutR07-122 Brett Rqanch PUD Tract F Final Release EAGLE COUNTY. CO 200732267 TEAK J SIMONTON ~~~; 1~.09 DOc/ilr25:39PM 12110/2007 Co_loner ~~IIII ~.!t~]IIIII" III of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE~ STATE OF COLORADO \ ~o:;a.. - RESOLUTION NO. 2007.~ ~r!- FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR BRETT RANCH PUD TRACT F CATTAIL FLATS FILE NO. ZS-00121 WHEREAS, on November 4, 2004, the Board of County Commissioners of Eagle County, Colorado ("Board") entered into a Subdivision Improvements Agreement ("Agreement") with Eagle River Water & Sanitation District ("Subdivider") for Brett Ranch PUD - Tract F (Cattail Flats); and WHEREAS, by Eagle County Consent No. 2006"()7, the County reduced the collateral to $82,256.20 and commenced the warranty period for Brett Ranch PUD Tract F(Cattail Flats); and WHEREAS, both the Subdivider and the Engineering Department state that the work required under the Agreement is complete and acceptable and the Engineering Department recommends full release of the collateral and the tennination of the Subdivision Improvements Agreement and termination of the warranty period, see Exhibit" A," attached hereto and incorporated herein by this reference. Based upon the written recommendations of the County staff, THE BOARD FINDS that the Subdivider's obligations under the Agreement have been satisfied; and WHEREAS, the warranty period required by the Subdivision Improvements Agreement has ended. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STAlE OF COLORADO: THAT, the Board hereby authorizes the full and flnal release of collateral and the tennination of the Subdivision Improvements Agreement for Brett Ranch PUD Tract F (Cattail Flats ). THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the warranty period for Brett Ranch PUD Tract F 200732267 1 of 4 .". . (Cattail Flats) has been successfully completed and that the "Subdivider's obligations under the Agreement are complete. THAT, the Corporate Bond Recorded at Reception No. 897408 on November 10, 2004 held by the County be released. THAT, Eagle County accepts the following roadway for maintenance and inclusion in the Eagle County Road Inventory: Cattail Way from U. S. Highway 6 for an approximate distance of 46S feet (0.09 miles); a road surface width of 23 feet located in Tract A (Public Right-of-Way), Cattail Flats, Final Plat, Eagle County Reception No. 906238 MOVED, READ AND ADOPfED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the!!:L day of December, 2007. ATTEST: By: Clerk to the Bo8.11 of County Commissioners Co_ioner ~ seconded adoption of the foregoing resolution. The roD having been called, the v was as follows: Commissioner Menconi Commissioner Fisher Commissioner Runyon .. This Resolution passed by ~ vote of the Board of County Commissioners of the County of Eagle, 8ta of Colorado. G:\JKS\resoIutions\Red Canyon final reIease.DOC <> MEMORANDUM EAGLE COUNTY ENGINEERING TO: Nancy Wright, Eagle County Attorney's Office J . ,..,- FROM: Mike Gruber, Engineering Department IfJ~1l/{b DATE: November S, 2007 RE: Subdivision Improvements Agreement, Brett Ranch PUD- Tract F (Cattail Flats), File No. ZS-00121, Release ofColIateral, Termination of the Warranty Period and the Subdivision Improvements Agreement A request was received on October 9, 2007, from Helen Migchelbrink, CIP Division Manager, Eagle River Water & Sanitation District for the termination of the two year warranty period under the Subdivision Improvements Agreement and a request for County acceptance for maintenance and snow removal. My inspection in August 2007, with Ron Siebert, ERW&SD, prior to the end of the warranty period, and again October 29,2007, indicates the improvements are complete, have survived the two-year warranty and are acceptable per the terms and conditions of the Subdivision Improvements Agreement I recommend termination of the warranty period and the Subdivision Improvements Agreement, a release of the collateral in the amount of $82,256.20. This amount represents the 10% of the Public Improvements collateral and 35% of the Landscaping collateral to be retained throughout the warranty period. In the resolution for this SIA release, please add that Eagle County accepts the following roadway for maintenance and inclusion in the Eagle County Road Inventory: Cattail Way from U.S. Highway 6 for an approximate distance of 46S feet (0.09 miles); a road surface width of 23 feet located in Tract A (Public Right-of- Way), Cattail Flats, Final Plat, Eagle County Reception No. 906238. # # # pc: Eva Wilson, County Engineer (e-mail) Helen Migchelbrink, Eagle River Water and Sanitation District (e-mail) ChronolFile