HomeMy WebLinkAboutR10-147 Arlian Ranch Final Release of Collateral EAGLE COUNTY, CO 201025341
TEAK J SIMONTON
Pgs: 4 03 :56 :04PM 12/15/2010
REC: $0.00 DOC: $
Commissioner Al U 1 IMO moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2010- r t
FINAL RELEASE OF COLLATERAL
AND
TERMINATION OF THE WARRANTY PERIOD
AND
SUBDIVISION IMPROVEMENTS AGREEMENT WITH
DONALD K. BENEDICT AND DEBORAH C. BENEDICT
FOR
ARLIAN RANCH, A RESUBDIVISION OF
LOT 6, FILE NO. SMB -00123
WHEREAS, pursuant to C.R.S. §30 -28 -137, the Board of County Commissioners of the
County of Eagle, State of Colorado ( "County ") entered into a Subdivision Improvements
Agreement dated April 3, 2000 ( "Agreement ") with Donald K. Benedict and Deborah C.
Benedict ( "Subdivider ") as a condition of approval of the Final Plat of Arlian Ranch,
Resubdivision of Lot 6; and
WHEREAS, pursuant to the Agreement, the Subdivider provided cash collateral in the
form of check No. 5215 on the account of D.K. Benedict/Deborah C. Benedict in the amount of
$5,475.00 to guarantee the faithful completion of the public improvements; and
WHEREAS, the Engineering Department states the improvements are complete, have
survived the two -year warranty period and are acceptable per the terms and conditions of the
Subdivision Improvements Agreement; 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 Warranty Period and the
Subdivision Improvements Agreement, see Exhibit "A ", attached hereto and incorporated herein
by this reference.
Commissioner 1 moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2010- t L
FINAL RELEASE OF COLLATERAL
AND
TERMINATION OF THE WARRANTY PERIOD
AND
SUBDIVISION IMPROVEMENTS AGREEMENT WITH
DONALD K. BENEDICT AND DEBORAH C. BENEDICT
FOR
ARLIAN RANCH, A RESUBDIVISION OF
LOT 6, FILE NO. SMB -00123
WHEREAS, pursuant to C.R.S. §30 -28 -137, the Board of County Commissioners of the
County of Eagle, State of Colorado ( "County ") entered into a Subdivision Improvements
Agreement dated April 3, 2000 ( "Agreement ") with Donald K. Benedict and Deborah C.
Benedict ( "Subdivider ") as a condition of approval of the Final Plat of Arlian Ranch,
Resubdivision of Lot 6; and
WHEREAS, pursuant to the Agreement, the Subdivider provided cash collateral in the
form of check No. 5215 on the account of D.K. Benedict/Deborah C. Benedict in the amount of
$5,475.00 to uarantee the faithful completion of o the public improvements; p p provements; and
WHEREAS, the Engineering Department states the improvements are complete, have
survived the two -year warranty period and are acceptable per the terms and conditions of the
Subdivision Improvements Agreement; 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 Warranty Period and the
Subdivision Improvements Agreement, see Exhibit "A ", attached hereto and incorporated herein
by this reference.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, based upon the oral and written recommendations of the County Engineer and
County Attorney, THE BOARD FINDS that the Developer's obligations under the Agreement
have been satisfied.
THAT, the Board hereby authorizes the full and final release of the cash collateral in the
amount of $5,475.00.
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 Donald K. Benedict and Deborah
C. Benedict for Arlian Ranch, a Resubdivision of Lot 6 has been successfully completed and that
the Subdivider's obligations under the Agreement are complete.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the 14. day of December,
2010.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: of E BOARD OF COUNTY COMMISSIONERS
lip 4,4
• ORADO B J 2 / zo L.i
Clerk to the Board of Sara J. Fishe
County Commissioners Chairman
VbM; "� Uri`. tt
(In Stay . '
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Pet F. Runyon
Commissioner
Commissioner - 1 l--- seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Fisher
Commissioner Stavney K
Commissioner Runyon
3/
This Resolution passed by vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
nrw\resolutions \arlianranch
•
MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: Nancy Wright
Eagle County Attorney's Office
FROM Mike Gruber
Engineering Department
DATE: December 6, 2010
RE: Subdivision Improvements Agreement, Arlian Ranch, A Resubdivision of Lot 6, Eagle
County File No. SMB -00123
Release of Collateral and the Termination of the Warranty Period and Subdivision
Improvements Agreement
Formal request for final inspection of improvements under the warranty period for this project was
submitted by Trevor Benedict, Property Craft Inc. on behalf of the owners.
Inspection was conducted by me on December 3, 2010, for the successful completion of the
warranty period as requested. The improvements are complete, have survived the two -year
warranty period and are acceptable per the terms and conditions of the Subdivision Improvements
Agreement.
I recommend termination of the Subdivision Improvements Agreement, termination of the
warranty period, and the release of the remaining collateral for the improvements as follows:
The improvements for the Arlian Ranch, A Resubdivision of Lot 6 as collateralized with cash
in the amount of $5,475.00 as established under the Subdivision Improvements Agreement entered
into on April 3, 2000, Eagle County Reception No. 727343. This amount represents the collateral
for the improvements retained for the successful completion of the warranty period.
These improvements entail the construction of a common entry and a common driveway. County
maintenance is not required for this driveway.
# # #
cc: Eva Wilson, County Engineer — email
Trevor Benedict — email
Property Craft Inc.
1300 Bristol St. North Ste 218 Newport Beach, CA 92660
T 949-474-81601F 949 - 250 -1320
twb enedict�7a,gmai 1. com
EXHIBIT
