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Home My WebLink AboutR22-055 Extinguishing West End PUD Eagle County File Nos. PDSP-00025, ZC-00087, 1041-0070 and PDF-00101 DocuSign Envelope ID:C310E12C-174A-44A4-8204-7170359D620A Commissioner chandler-Henry moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2022-055 RESOLUTION EXTINGUISHING EXPIRED PRELIMINARY PLAN FOR PUD, 1041 PERMIT, SUBDIVISION IMPROVEMENTS AGREEMENT AND FINAL PLAT FOR WEST END PUD EAGLE COUNTY FILE NOS. PDSP-00025; ZC-00087, 1041-0070 AND PDF-00101 WHEREAS, Eagle County and Edwards West End EW Investor, LLC, a Colorado limited liability company("EW Investor"), as owner of the property commonly known as the West End property in Edwards, Colorado,being legally described at Reception No. 200914605 (the"West End Property") entered into that certain agreement dated June 27, 2022, to extinguish the Preliminary Plan for Planned Unit Development ("PUD"), the 1041 Permit, the Subdivision Improvements Agreement, as defined therein, and the Final Plat for the West End PUD recorded on July 14, 2009 at Reception No. 200914605, Eagle County Clerk and Recorder's Office ("Extinguishment Agreement"); and WHEREAS, at a regular meeting of the Board of County Commissioners held on June 27, 2022, the Board unanimously voted to approve the Extinguishment Agreement,thereby extinguishing the PUD Preliminary Plan, the 1041 Permit, the Subdivision Improvements Agreement and the Final Plat for the West End PUD. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the PUD Preliminary Plan, 1041 Permit, Subdivision Improvements Agreement and the Final Plat for West End PUD are hereby extinguished pursuant to the Extinguishment Agreement, attached hereto as Exhibit A, which is hereby approved, ratified and confirmed in all respects; and be it further resolved, THAT, the Board of County Commissioners 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. • Eagle County, CO 202211693 Regina O'Brien 07/06/2022 Pgs: 9 03:04:23 PM REC: $0.00 DOC: $0.00 DocuSign Envelope ID:C310E12C-174A-44A4-8204-7170359D620A MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this 5th day of Jul y , 2022. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: .-0' EAGieC 4Q' CO h DocuSigned by: �—DocuSigned byyy�•�' C 2tlte3eard of iiecrvIc-,fiteney County Commissioners Chair DocuSigneed''by:: r , '',,,� Kath9retaffditr--Henry Commissioner n-Do-c�u� lSigne' . d by:x^ matt8sAvnE0473. Commissioner Commissioner scherr seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. • DocuSign Envelope ID:C310E12C-174A-44A4-8204-7170359D620A EXHIBIT A Extinguishment Agreement DocuSign Envelope ID:ED8BCF0C-58C3-4A01-96FF-BFE87B7OFE9A Eagle County, CO 202211597 Regina O'Brien 07/05/2022 Pgs: 6 12:12:56 PM REC: $0.00 DOC: $0.00 AGREEMENT CONCERNING EXTINGUISHMENT OF THE PRELIMINARY PLAN, 1041 PERMIT, SUBDIVISION IMPROVEMENTS AGREEMENT AND THE FINAL PLAT FOR THE WEST END PLANNED UNIT DEVELOPMENT Eagle County Planning File No. PDSP-00025; ZC-00087; 1041-0070 and PDF 00101 THIS AGREEMENT CONCERNING EXTINGUISHMENT OF THE PRELIMINARY PLAN, 1041 PERMIT, SUBDIVISION IMPROVEMENTS AGREEMENT AND THE FINAL PLAT FOR THE WEST END PLANNED UNIT DEVELOPMENT ("Agreement") is dated 7/5/2022 by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County") and Edwards West End EW Investor, LLC, a Colorado limited liability company ("Applicant"). The County and Applicant may collectively be referred to herein as the Parties. RECITALS WHEREAS, on or about May 21, 2007, the County accepted for filing an application submitted by Midtown Group, LLC, a predecessor owner of Applicant, seeking approval for a zone change and sketch/preliminary plan for planned unit development("Preliminary Plan")and an application for 1041 Permit for an extension of public water and sewer for the property more particularly described on Exhibit A, attached hereto and incorporated herein (said property, the "West End Property"); and WHEREAS, on or about October 30, 2007, pursuant to Eagle County Resolution No. 2007-108, the County approved the Preliminary Plan for the West End Property, consisting of an approximately 5.4-acre mixed-use PUD comprised of 113 free-market residences, an additional 72 onsite local residences/employee housing units, and 85,000 sq. ft. of commercial retail/office space ("Preliminary Plan Approval"); and WHEREAS, on or about October 30, 2007, pursuant to Eagle County Resolution No. 2007-107, the County approved the 1041 Permit to extend domestic water and sewer in order to serve the West End PUD ("1041 Permit Approval"). Pursuant to Resolution No. 2007-107, the 1041 Permit Approval area was limited to the boundaries of the approved West End Preliminary Plan; and WHEREAS, on or about April 8, 2008, the County approved the West End PUD Final Plat(Eagle County File.No.PDF-00101),recorded on July 14,2009 at Reception No.200914605, Eagle County Clerk and Recorder's Office, as extended by the Final Plat Extension (the "Final Plat Approval"). The Final Plat Approval incorporates the Preliminary Plan Approval and the Final Plat therefore governs with respect to the length of approval under the Eagle County Land Use Regulations ("ECLURs"); and WHEREAS, pursuant to the Preliminary Plan Approval and Final Plat Approval, the County and a predecessor owner of Applicant entered into that certain Subdivision and Off-Site Improvements Agreement for West End Development recorded January 18, 2011, at Reception No. 201100937, Eagle County Clerk and Recorder's Office ("Subdivision Improvements Agreement"); and DocuSign Envelope ID:ED8BCF0C-58C3-4A01-96FF-BFE87B7OFE9A WHEREAS,in accordance with Section 5-280.B.5.d(1)—Length of Approval of the Eagle County Land Use Regulations (hereinafter"ECLURs"), all Final Plats are valid for five(5) years from the date of their issuance; and WHEREAS, on or about July 15, 2014, pursuant to Eagle County Resolution No. 2014- 72, the County approved a two (2) year extension of the Final Plat Approval ("Final Plat Extension"); and WHEREAS, a predecessor owner of Applicant did not seek further extension of the Final Plat Approval for the West End Property, and did not initiate or complete development of the West End Property within the two (2) year extension of the Final Plat Extension; and WHEREAS, the Final Plat Approval and the Preliminary Plan Approval, as incorporated in the Final Plat Approval, for the West End Property expired as of July 15, 2016; and WHEREAS, the 1041 Permit Approval was approved in reliance upon and was limited to the boundaries of the Preliminary Plan Approval, and therefore the 1041 Permit Approval also expired as of July 15, 2016; and WHEREAS,pursuant to ECLURs Section 5-280.B.5.d(4)—Hearing on Permit Expiration, and ECLURs Section 5-210(H) — Extinguishment of Approvals, if a developer has not installed infrastructure required for the subdivision, or if the Final Plat for PUD is not extended before it expires, then a hearing shall be initiated to determine whether to extinguish the approval of the Final Plat for Subdivision; and WHEREAS,Applicant represents that it is the owner of the West End Property and desires to enter into an agreement to extinguish the Final Plat Approval without a hearing. AGREEMENT NOW THEREFORE, based upon the representations by Applicant set forth in the foregoing recitals, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, including the promises set forth herein, the Parties agree to the following: 1. Applicant hereby consents and agrees that the Final Plat Approval for the West End Property expired as of July 15, 2016, and is hereby extinguished without a hearing as contemplated by ECLURs Section 5-280.B.5.d(4) and Section 5-210(H), and that the Final Plat Approval shall henceforth be null and void and of no force or effect. 2. The effect of the foregoing extinguishment of the Final Plat Approval for the West End Property is: A. The Final Plat Approval, recorded at Reception No. 200914605, Eagle County Clerk and Recorder's Office,is extinguished-including the extinguishment of any easements, covenants,conditions,use restrictions,development standards, etc.specifically created by plat notes on the recorded Final Plat Approval (including but not limited to notes 8 through 13).Notwithstanding the foregoing, any easements,covenants, conditions,use restrictions, development standards, etc. that were created independently and not specifically by plat notes on the recorded Final Plat Approval shall not be extinguished DocuSign Envelope ID:ED8BCF0C-58C3-4A01-96FF-BFE87B7OFE9A and shall continue unaltered and in full force and effect, including but not limited to the easements recorded at Reception Nos. 607155 and 200824774,Eagle County Clerk and Recorder's Office, and the water rights that run with the land. For purposes of clarity, for example, an easement created by a separate instrument would not be extinguished even though said easement is referenced in the form of a plat note or otherwise indicated on the recorded Final Plat Approval. B. The Preliminary Plan Approval is deemed to have been merged into the Final Plat Approval and is therefore extinguished as part of the Final Plat Approval extinguishment. 3. The County and Applicant acknowledge and agree that the 1041 Permit Approval was approved in reliance upon and was limited to the boundaries of the Preliminary Plan Approval, which is hereby extinguished with the Final Plat Approval, and therefore agree that the 1041 Permit Approval is hereby extinguished and that the 1041 Permit Approval shall henceforth be null and void and of no force or effect. 4. The County and Applicant acknowledge and agree that the Subdivision Improvements Agreement was approved and entered into pursuant to and in reliance upon the Preliminary Plan Approval and Final Plat Approval, which are hereby extinguished, and therefore agree that the Subdivision Improvements Agreement is hereby terminated and shall henceforth be null and void and of no force or effect. 5. Applicant waives its rights to any further proceedings concerning the extension or extinguishment of the Final Plat Approval,the Preliminary Plan Approval,and the 1041 Permit Approval, and the Applicant further agrees that the County may, at its discretion, incorporate this extinguishment into a Resolution. 6. This Agreement shall be recorded with the Eagle County Clerk and Recorder's Office. 7. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of Applicant and its respective successors and assigns.Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than Applicant and its respective successors and assigns, any right, remedy, or claim under or by reason hereof of by reason of any covenant or condition herein contained. 8. This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in Eagle County, Colorado. 9. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. DocuSign Envelope ID:ED8BCF0C-58C3-4A01-96FF-BFE87B7OFE9A 10. This Agreement represents the full and complete understanding of the Parties and supersedes any prior agreements, discussions, negotiations, representations, or understandings of the Parties with respect to the subject matter contained herein. 11. All of the covenants herein contained shall be binding upon and inure to the benefits of the Parties hereto, their respective heirs, personal representatives, successors, and assigns. IN WITNESS WHEREOF, the parties have entered into this Agreement on 7/5/2022 COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS �DocuSigned by: By: +#.""" `C�""'03 `--JettfileFIVItQueeney, Chair sr OF fAG1F o eo ATTEST: \`°'?4 o —DocuSigned by: By: rti lna gebtrltiA, -.14;,Lirialkiglilrien, Clerk to the Eagle County Board of County Commissioners DocuSign Envelope ID:ED8BCF0C-58C3-4A01-96FF-BFE87B7OFE9A APPLICANT EDWARDS WEST END EW INVESTOR,LLC, a Colorado limited liability company By: , (si ature) 11It Name: • s- -"TO, (print) ,-) Its: v...t... i , ..._ ,.. STATE OF ( ,(,- lk r c C.,, (,,, ) COUNTY OF (- I (. A t- ., ) . ) The foregoing instrument was acknowledged before me by .,, i '-.! )- as the authorized signatory -of Edwards West End EW Investor, LLC, a Colorado limited 1 ability company,this ';),1Iday of , Y i -, i_ , , 2022. I ,- ---,.\ i,---,, '1) KATHRYN L MACY Notary Public \ , It NOARY PUBC STATETPUBLIC OF COLORADO My commission expires: NOTARY ID 19944014752 MY COMMISSION EXPIRES SEPTEMBER 28,2922 DocuSign Envelope ID:ED8BCFOC-58C3-4A01-96FF-BFE87B7OFE9A Exhibit A Lot 1, the West End P.U.D., County of Eagle, State of Colorado, according to the plat thereof recorded July 14, 2009 under reception no. 200914605, or as otherwise described by metes and bounds at the foregoing reception number(said metes and bounds legal description copied below): COMMENCING AT THE EAST QUARTER CORNER OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND CONSIDERING THE NORTH LINE OF THE SOU IHEAS T QUARTER OF SAID SECTION 5 10 BEAR SOUTH 89'43'32" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE IIitRE 10; THENCE NORTH 89'43'32" WEST, ALONG THE NORTH UNE OF SAID SOUTHEAST QUARTER OF SECTION 5, A DISTANCE OF '370.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02'01'41" WEST, A DISTANCE OF 403.75 FEET; THENCE SOUTH 69'56'03" WEST, A D STANCE OF 163.57 FEET TO A POINT ON A CURVE ON THE NORTHERLY RIGHT—OF—WAY LINE OF US HIGHWAY 6; THENCE ALONG SAID NORTHERLY RIGHT OF WAY UNE. ALONG THE ARC CF A NON—TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11'39'46", A RADIUS OF 2915.00 FEET, AN ARC LENGTH OF 593.36 FEET, THE CHORD OF WHICH BEARS NORTH 59'41'24" WEST TO THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED IN BOOK 485 AT PAGE 727 IN THE RECORDS OF NE EAGLE COUNTY CLERK AND RECORDER; THENCE NORTH 01'29'41" EAST, ALONG THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 163.96 FEET TO A POINT ON THE NORTH LINE Or SAID SOUTHEAST QUARTER; THENCE CONTINUING NORTH 0179'41" EAST, ALONG SAID EASTERLY UNE, A DISTANCE OF 20.33 FEET TO THE WESTERLY END OF THE PROPERTY UNE DESCRIBED IN THE PROPERTY LINE AGREEMENT RECORDED UNDER RECEPTION NC. 200606039 IN THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER; THENCE ALONG SAID PROPERTY UNE DESCRIBED IN THE PROPERTY LINE AGREEMENT RECORDED UNDER RECEPTION NO. 200606039, THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 87'32'45" EAST, A DISTANCE OF 56.61 FEET; 2. SOUTH 89'09'51" EAST, A DISTANCE OF 97.26 FEET; 3. SOUTH 8817'33" EAST, A DISTANCE OF 229.33 FEET; 4. SOUTH 8716'09` EAST, A 'DISTANCE OF 87.15 FEET TO THE WESTERLY END OF THE PROPERTY LINE DESCRIBED IN THE PROPERTY LINE AGREEMENT RECORDED UNDER RECEPTION NO. 200731521 IN THE RECORDS OF THE EAGLE COUNTY CLERK ANC RECORDER; THENCE ALONG SAID PROPERTY UNE DESCRIBED IN THE PROPERTY LINE AGREEMENT RECORDEa UNDER RECEPTION NO. 200731521, T4E FOLLOWING TWO (2) COURSES: 1) THENCE SOUTH 87'56'01" EAS', A DISTANCE OF 179.12 FEET; 2) THENCE NORTH 87'27'30" EAST, A DISTANCE OF 25.53 FEE'; THENCE SOUTH 02'O1'41" WEST. A DISTANCE OF 3.40 FEET TO THE POINT OF BEGINNING; CONTAINING 230,475 SQUARE FEET, OR 5.291 ACRES, MORE OR LESS;