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HomeMy WebLinkAboutR01-127 release of plat note for Lazie-R RanchCommissioner e Z , moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001- �j4:7 AUTHORIZING RELEASE OF PLAT NOTE NO. 10 AND COMMENCEMENT OF WARRANTY PERIOD FOR m LAZIE -R RANCH O WHEREAS, pursuant to C.R.S. §30 -28 -137, the Board of County Commissioners of the N o County of Eagle, State of Colorado ( "County ") entered into a Subdivision Improvements Agreement 0) v W. dated February 28, 2000, ( "Agreement ") with Robert T. Lazier, ( "Subdivider ") as a condition of UD r— a ° approval of the final plat for Lazie -R Ranch; and m m WHEREAS, pursuant to Eagle County Land Use Regulations, Section 5 -290, for Minor Subdivisions, the Subdivider and the County consolidated the approval process; and 0 WHEREAS, pursuant to the Agreement, the Subdivider may apply to the County for release of collertal as secured by a specific plat note based on its progress in constructing the public improvements required by the Agreement; and U m WHEREAS, the Subdivider has represented and the County Engineering Department has W independently confirmed, that the public improvements required under the Agreement have been completed and requests the release of Plat Note Number 10, and commencement of the warranty period; and WHEREAS, the Agreement requires a form of collateral, acceptable to the County Attorney as a retainer during the warranty period, equaling ten percent (10 %) of the Subdivider's Engineer's Opinion of Probable Cost, in the amount of $1,408; and WHEREAS, pursuant to Resolution No. 95 -35 the Chairman of the Board of County Commissioners, or in his absence, the Chairman Pro Tem, has the authority to approve partial release, once the release has been recommended for approval by both the County Engineer and the County Attorney; and WHEREAS, based upon the oral and written recommendations of the County Engineer set forth in Exhibit "A" attached hereto and incorporated herein by this reference, and the County Attorney, THE COUNTY FINDS that certain public improvements associated with Lazie-R Ranch appear to be completed and a release of Plat Note No. 10, as set forth in Exhibit `B ", is warranted, upon the submittal of collateral in the form of a Letter of Credit or another form acceptable to the County Attorney and the commencement of the warranty period recommended; and � C t NOT, THEREFORE, BE IT AUTHORIZED BY THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based on the recommendation of the County Engineer and the County Attorney, the Chairman of the Board authorizes the release of Plat Note No. 10 and commencement of the warranty period. THAT, this release of Plat Note No. 10, is release is contingent upon the Subdivider providing to the County a Letter of Credit in a form acceptable to the County Attorney. THAT, the release of Plat Note No. 10 granted hereby shall not in any way abrogate the rights of the County in enforcing the Subdivider's performance of his outstanding obligations under the Agreement. APPROVED by the Chairman of the Board of County Commissioners of the County of Eagle, State of Colorado, pursuant to Eagle County Resolution No. 95 -35, this day of 4� / , 2001. C 0G COUNTY OF EAGLE, STATE OF i COLORADO, By and Through Its * CHAIRMAN TO THE BOARD OF COUNTY o COMMISSIONERS ATTEST: #Saraisher, Clerk Tom C. Stone to the Board of Chairman f County Commissioners /� t !iA A l r` Page: 2 of 5 1111111111111111111111111111111111111111111111111111111 10/16/2001 11:08A Sara J Fisher Eagle, CO 370 R 0. 00 D 0. 00 Commissioner seconded adoption of the resolution. The roll having been called, the vote was ag follows: Commissioner Tom C. Stone Commissioner Michael C. Gallagher Commissioner Am M. Menconi This resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. File No. G2000 -033 GAParalegaRConsentTinal Collateral\ azie R Plat Note release.wpd Page: 3 of 5 10/16/2001 11:08A a J Fisher Eagle CO 370 R 0. 00 0 0.00 C I/ C) MEMORANDUM EAGLE COUNTY ENGINEERING TO: Bruce Strasinger Attorney's Office FROM: Adam Sommers Engineering Department lJ EF r _ E/i rr-E C0L T„ R i t1TTQF�r:'�`y DATE: September 5, 2001 RE: SMA- 00010: Lazie R Ranch; Commencement of Warranty. A request for inspection and start of warranty period was received from Scott Nichols, the applicant for File SMA - 00010, via a phone conversation August 13"', 2001. My inspection verified the completion of the public improvements under the terms of the Subdivision .Improvements Agreement. I recommend releasing Plat Note #10 once the applicant submits $1408.00. This amount represents 10% of the collateral to be retained throughout the warranty period. I recommend starting the warranty period. cc: Helen Migchelbrink, County Engineer Peter Sulmeisters, Engineering Department Chrono\File H:\ARS\DOCS\SMA-OOOIOD.wpd 1111111 IIIIIIIIIIIIIIIIIhIIIIIIIIIIIIIIIII1IIIICIIII o699�9;,e,e Sara J Fisher Eagle, CO 370 R 0. 00 D 0. 00 EXHIBIT 4- s g File Number: 5MA- 00010, Lazie -R -Ranch - Attachment Note # 10. Lots 1, 2, and 3 of Lazie -R -Ranch Subdivision shall not be sold or otherwise conveyed, nor shall any building permit be issued by Eagle County for these lots until all of the improvements required under the Subdivision Improvements Agreement recorded at Reception Number are either (a) in place and approved by Eagle County, or (b) collateralized in the form as described in the Subdivision Improvements Agreement and Eagle County Land U f, _ Regulations and acceptable to Eagle County to secure the performance of obligations as described in the Subdivision Improvements Agreement. This plat note shall only be released by the adoption of a resolution so stating by the Eagle County Board of County Commissioners, to be recorded in the Office of the Eagle County Clerk and Recorder. 111111 Jill 7664 — IVED age: 1 of 1 09/04/20:110: Sara J Fisher Eagle, CO 58 R 5.00 D 0.00 FEB 2 9 2000, i=AGLE GUUNTY `WPAUNITY DEVELOPMENT IIIIIIIIIIIIIIIIIIIIII Page: i.e. Sara J Fisher Eagle, CO 370 R 0.00 D 0.00