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HomeMy WebLinkAboutR14-070 Lazie-R-Ranch Final Release of Collateral • Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO • RESOLUTION NO. 2014--—v FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD FOR LAZIE-R-RANCH (FILE NO. SMA-00010) 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 and Off-site Improvements Agreement dated February 28, 2000 and recorded in the real property records of Eagle County at reception number 766407 ("Agreement") with Robert T. Lazier ("Subdivider") as a condition of final plat approval for Lazie-R-Ranch, File No. SMA-0001.0; and WHEREAS, the Board in in Resolution No. 2001-127 authorized release of Plat Note No. 10 and commencement of Warranty Period for Lazie-R Ranch; and WHEREAS, the County is presently holding collateral in the amount of$1,408.00 in connection with the subdivision improvements; WHEREAS, the Engineering Department has determined 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, the work required under the Agreement is complete and acceptable and the Engineering Department recommends full release of the current collateral and the termination of the Agreement as indicated in the Memorandum from the Engineering Department dated January 10, 2013 which is attached hereto and incorporated herein by this reference as Exhibit "A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, based upon the recommendation of the County Engineer, THE BOARD FINDS that the Subdivider's obligations under the Agreement have been satisfied. THAT, the Board hereby authorizes the full and final release of the collateral in the amount of$1,408.00 and the termination of the Subdivision Improvements Agreement for Lazie- R-Ranch, File No. SMA-00010 which is recorded in the real property records of Eagle County at reception number 766407. • 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 Lazie-R Ranch 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 / ' day of 2014. COUNTY OF EAGLE, STATE OF 106.4 COLORADO, By and Through Its ATTEST: r, a BOARD OF COUNTY COMMISSIONERS i By: Clerk to the Boa d of Jil pan H. Ryan County Commissioners airma %i Sara J. Fisher Commissioner Kathy Chandler-Henry Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been calle , th vote was as follows: Commissioner Ryan CP�`dO Commissioner Fisher �..47 Commissioner Chandler-Henry _ This Resolution passed by 2/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 2 • MEMORANDUM EAGLE COUNTY ENGINEERING E1 , TO: Deborah Churchill, Eagle County Attorney's Office JAS � � ,�<F FROM: Mike Horvath, Engineering Department �RNEY DATE: January 10, 2013 E�a-'� RE: Subdivision Improvements Agreement, Lazie-R-Ranch, Eagle County File No. SMA-00010 Release of Collateral and the Termination of the Warranty Period and Subdivision Improvements Agreement After a file review, we accept the improvements 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 Lazie-R-Ranch as collateralized and as established by Resolution No. 2001-127, to $1,408.00. This amount represents the 10% of the collateral for the subdivision improvements to be retained throughout the two year warranty period. These improvements entail the construction of a well water storage and distribution system. # # # cc: Eva Wilson, County Engineer(email) t