HomeMy WebLinkAboutR00-158 release plat note Riverwalk at Edwards Phase 2�ID Commissioner ) ,& 4 n moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - RESOLUTION RELEASING PLAT NOTE ON DESIGNATED LOTS OF RIVERWALK AT EDWARDS, PHASE 2 SUBDIVISION WHEREAS, on or about January 5, 1994, pursuant to Section 30 -28 -137, C.R.S., the Board of County Commissioners of the County of Eagle, State of Colorado ('Board ") entered into a Subdivision Improvements Agreement ( "Agreement ") with 4020 Land Investors ( "Subdivider ") as a condition of final plat approval of Riverwalk at Edwards, Phase 2; and WHEREAS, the Final Plat, Riverwalk at Edwards, Phase 2, A Resubdivision of Tract A, Riverwalk at Edwards, Eagle County, Colorado, includes a restrictive plat note, only to be released by a resolution adopted by the Board; and WHEREAS, pursuant to Eagle County Resolution No. 94 -89, the subdivision improvements for Phase 2, Lots 1 and 2, were collateralized by a letter of credit, and the plat note was released with respect to those two lots; and WHEREAS, on August 15, 1995, Subdivider and County entered into Addendum Number 1 regarding Lot 3, Phase 3, a resubdivision of Tract A of Phase 2. Installation of subdivision improvements associated with Lot 3 was collateralized by a letter of credit as described in section 5 of the Addendum, however, no resolution was adopted releasing the plat note; and WHEREAS, on May 14, 1996, the County approved the Final Plat for Phase 4, a resubdivision of Tract A of Phase 3. There were no subdivision improvements for Phase 4 and no mention of the plat note on the final plat; and WHEREAS, on November 12, 1996, the County approved the Final Plat for Phase 5, a resubdivision of Tract A of Phase 4. There were no subdivision improvements for Phase 5 and no mention of the plat note on the final plat; and WHEREAS, on November 9, 1998, the County approved the Final Plat for Phase 6, a 111111111111111111111111111111111111111111111111111 IN 744150 11/15/2000 04:33P 370 Sara Fisher 1 of 3 R 0.00 D 0.00 N 0.00 Eagle CO resubdivision of Tract A of Phase 5. There were no subdivision improvements for Phase 6 and no mention of the plat note on the final plat; and WHEREAS, on May 10, 1999, the County approved the Final Plat for Phase 7, a resubdivision of Tract A of Phase 6. There were no subdivision improvements for Phase 7 and no mention of the plat note on the final plat; and WHEREAS, phases 3 through 7 are each part of Tract A of Phase 2. At all times, Phases 3 through 7, have been, in their entirety, subject to the restrictive plat note in the final plat for Phase 2. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, For future subsequent resubdivisions of Tract A, for which there are no public improvements, Subdivider shall release the restrictive plat by a note on the final plat of the resubdivision, substantially as follows: Lot(s) of this Phase has no public improvements associated with it and, therefore, the restrictive plat note No. 14 on the Final Plat of Riverwalk at Edwards, Phase 2, recorded in Book 629 at Page 281, as required by the Subdivision and Off -Sites Improvement Agreement recorded in Book 633 at Page 986 in the records of the Eagle County Clerk and Recorder, is hereby released as to Lots) of Phase THAT, the Riverwalk at Edwards, Phase 2 plat note restriction is hereby released with regard to, Riverwalk at Edwards, Lot 3 of Phase 3, a resubdivision of Tract A, Riverwalk at Edwards, Phase 2. THAT, the Riverwalk at Edwards, Phase 2 plat note restriction is hereby released with regard to, Riverwalk at Edwards, Lots 4 and 5 of Phase 4, a resubdivision of Tract A, Riverwalk at Edwards, Phase 3. THAT, the Riverwalk at Edwards, Phase 2 plat note restriction is hereby released with regard to, Riverwalk at Edwards, Lots 6 and 7 of Phase 5, a resubdivision of Tract A, Riverwalk at Edwards, Phase 4. THAT, the Riverwalk at Edwards, Phase 2 plat note restriction is hereby released with regard to, Riverwalk at Edwards, Lot 8 of Phase 6, a resubdivision of Tract A, Riverwalk at Edwards, Phase 5. THAT, the Riverwalk at Edwards, Phase 2 plat note restriction is hereby released with regard to, Riverwalk at Edwards, Lot 9 of Phase 7, a resubdivision of Tract A, Riverwalk at Edwards, Phase 6. A { f THAT, the Board finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the C ty of Eagle, State of Colorado, at its regular meeting held the f0fiA day of 2000. ATTEST: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its c�0o OARD OF COUNTY COMMISSIONERS Johnnette Phillips C ommissio ner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vdte was as follows: Commissioner Tom C. Stone Q Commissioner Michael Gallagher Commissioner Johnnette Phillips � This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:Uackie \SIA\Reso for Riverwalk at Edwards.wpd He 93 -114 Tom C. Stone Chairman