HomeMy WebLinkAboutR01-026 final release of collateral for Eby Creek Mesa Phase I750552
Page: I of 4
�I 02/27/2001 09:50A
Sara Fisher Eagle Cty, CO 370 R 0.00 D 0.00
Commissioner moved adoption
of the follov ng Resolution:
BOARD OF COUNTY COMIVIISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2001 - QarG
FINAL RELEASE OF COLLATERAL
AND
TERMINATION OF THE WARRANTY PERIOD
FOR
EBY CREEK MESA SUBDIVISION
PHASE I
WHEREAS, on July 6, 1993, Eby Creek Mesa Limited Partnership, a Colorado Limited
Partnership ( "Subdivider ") and the Board of County Commissioners of Eagle County, Colorado
(hereinafter "Board ") entered into a Subdivisions Improvements Agreement (hereinafter
"Agreement ") concerning the development of Eby Creek Mesa Subdivision, Phase I; and
WHEREAS, by Eagle County Consent No. 99 -20, the County commenced the warranty
period for Eby Creek Mesa Subdivision, Phase I, said warranty period to expire June 28, 2000;
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 termination of the Subdivision Improvements
Agreement, see Exhibit "A ", attached hereto and incorporated herein by this reference. Based
upon the oral and written recommendations of the County staff, THE BOARD FINDS that the
Subdivider's obligations under the Agreement have been satisfied.
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, STATE OF COLORADO:
THAT, the County accepts the roads listed in Exhibit A for maintenance.
THAT, the Board her authorizes the full and final release of collateral and the
termination of the Subdivision Improvements Agreement for Eby Creek Mesa Subdivision,
Phase I.
THAT, this document shall be recorded in the Records of the Eagle County Clerk and
U 01
Recorder, which shall be evidence that the warranty period for Eby Creek Mesa Subdivision,
Phase I has been successfully completed and that the Subdivider's obligations under the
Agreement are complete.
THAT, the Letter of Credit No. 45 issued by Alpine Bank be returned.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
Co of Eagle, State of Colorado, at its regular meeting held the <` OCA_ day of
2001.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: o�c�� BOARD OF COUNTY COMMISSIONERS
e °cc�l��
By: By: (Rd: -
Clerk to the Boar of Tom C. Stone
County Commissioners
Chairman
By: 1A 11
M ichael L. Gallg
Commissioner
By: 6 z ��- -
Am M. Menconi
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, t -vote was as follows:
Commissioner
Tom C. Stone
Commissioner
Michael C. Gallagher
Commissioner
Am M. Menconi _
This Resolution passed by 3 vote of the Board of County Commis-
sioners of the County of Eagle, State of Colorado.
GAJackie \Consent\Fina1 Collateral\Eby Creek Mesa Phase I.wpd
C11 01
MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: Jacqueline Crawford, Paralegal
Eagle County Attorney's Office
FROM: John M. Vengrin
Engineering Department
D C E9
J04 2n F) r
�EA(`! E rj 1� AT_I0Pt1!EY
DATE: January 26, 2001
RE: Alpine Bank Letter of Credit No. 45, Subdivision and Off -Site Improvements Agreement
C93 -16 -728, Rec. No. 509264, Dated July 6, 1993 for Eby Creek Mesa, Phase I,
Termination of Warranty Period
I have reviewed the reproducible drawings Nos. 1, 2, & 3 of 3 entitled Eby Creek Road ROW,
prepared by High Country Engineering, Inc. last revised on 12/12/00. The drawings are complete
and are currently being recorded with the Eagle County Recorder. This is the last item necessary for
the Subdivider to complete under the terms of the "Subdivision and Off -Site Improvements
Agreement, Eby Creek Mesa Subdivision - Phase I " (SIA), dated July 6, 1993, as amended by
"Consent No. 99 -20, Authorizing Partial Release of Collateral and Commencement of the Warranty
Period for Eby Creek Subdivision, Phase I ", dated June 29, 1999.
On July 26, 2000, I conducted an inspection of the last remaining improvements to Eby Creek Road
covered by the SIA. As a result of my inspection and the recording of the Eby Creek Road Right -of-
Way drawings, I find all of the work to have been satisfactorily completed. The remaining
collateral in the amount of $5000.00 held in Alpine Bank Letter of Credit No. 45 may be
released, and the warranty should be terminated.
This recommendation for termination of collateral and warranty should be construed as a
recommendation for acceptance of the Subdivision and Off -Site Improvements for ownership
and maintenance by Eagle County. The roads to be accepted by Eagle County are as follows:
1. Eby Creek Road from the Eagle Town Boundary, which is approximately 961 -feet north of the
intersection of Eby Creek Road with the north right -of -way line of Interstate 70, to the
intersection with Mesa Drive, for a total of 0.68 miles,
2. Mesa Drive from the intersection of Eby Creek Road to the end of the Phase I boundary, which
is approximately 220 -feet north of the west intersection of Mesa Drive with Pinion Lane, for
a total of 1.26 miles,
3. Pinion Lane from its eastern intersection with Mesa Drive to its western intersection with Mesa
EXHIBIT
January 26, 2001
Eby Creek Mesa, Phase I, Termination of Warranty Period
Page 2
Drive, for a total of 0.18 miles, and
4. Juniper Lane from its eastern intersection with Mesa Drive to its western intersection with Mesa
Drive, for a total of 0.23 miles.
These roads had previously been accepted for winter maintenance under Resolution No. 94 -211. A
new resolution for acceptance of the above referenced roads for complete maintenance should be
drafted for the Board of County Commissioners. I would appreciate your help in drafting this
resolution.
# # #
Pc: Helen Migchelbrink, County Engineer
Wendy S. Sacks, Eby Creek Mesa Limited Partnership, (facsimile 328 -3374)
Chrono
File SU- 155 -81
