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HomeMy WebLinkAboutR96-083 final release of collateral Aspen Mountain View Summit and Oakridge III.. ~~D moved adoption Commnissioner ~ of the following Reso ution: BOARD OF COUNTY COMMISSIONERS J COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96- ~~ ,~ J ~~ x ~~ ~ ~ ~b 0 U ~ ~ x ~~ ~~ ~~ ~ a~ ..~ ~r :J ~~ ~: ~~ ~ ~ ~ o J ~ ~ ,~ ~ ~c ~~ ~~, i ,~ ~ ,~ ~ ~ '~ ~~ FINAL RELEASE OF COLLATERAL AND TERMINATION OF THE WARRANTY PERIOD A SpEN MOUNTAIN VIEW, THE SiTI~IIKIT AND OARRIDGE III WHEREAS, on or about October 1, 1990, 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 t1 Agreement ("Agreement") with Summit View, Inc. ("Subdivider ) as a condition of final plat approval of Aspen Mountain View, The Summit and Oakridge III; and WHEREAS, by Resolution No. 94-117 an additional one year warranty period to expire on August 15, 1995 was granted for on- site improvements; and WHEREAS, the warranty period for off-site improvements expired on August 20, 1995; and WHEREAS, by Resolution No. 94-162 a reduction in collateral to $5,000 for the one-year warranty period for on-site improvements and $8,172.00 as collateral for the remaining one year warranty period for off-site improvements, for a total of $13,172.00 was granted; and ;~ ~ WHEREAS, by Resolution No. 94-162 Letter of Credit No. 4 was '~ ~ released in full and Certificate of Deposit No. 910302 in the ,n :n amount of $12,000.00 already held by the County was accepted as collateral for the warranty period; and WHEREAS, the work required under the Agreement, has never been satisfactorily completed and has not survived the warranty period; and M WHEREAS, the County, rather than drawing on the collateral, received a check from the Subdivider in the amount of $5000.00 to correct the failed work, which work included crack sealing and infrared patching of certain portions of the roads located within the Subdivision; and =~ ,~ O .~ ,~ ,~ ;h ,~ .~ r_- ,~ ,~ i ~~ ,~ ~,~ i ~~ ,~ ,~ WHEREAS, that work has been satisfactorily performed, therefore, the Eagle County Department of Engineering recommends the final release of collateral and termination of the warranty period, see Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, by Eagle County Resolution Nos. 91-1 and 92-172 (attached hereto as Exhibits "B" and "C" and incorporated herein by this reference) the Board accepted the roads located within the Subdivision for maintenance into the Eagle County Road System for year round maintenance; and BASED UPON the oral and written recommendations of the Eagle County Department of Engineering, the Board finds that the warranty period has been successfully completed and the full release of the collateral is appropriate, as is the termination of the warranty period. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby authorizes the full and final release of collateral and the termination of the warranty period to be effective upon approval of this Resolution. THAT, the Board has previously accepted the roads located within the Subdivision into the Eagle County Road system for year round maintenance. THAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that the Agreement has been terminated. C"~ 'C'i MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this ~ day of July, 1996. ~~' ,t ,~+ '' ~• pie. >~- ATTEST : z 4,~`~~ °~'~ .~ - ' ~, ~~ ~J~ ~ " the Board of Clerk to County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: George Gates, Chairman ~, Johnnette Phillips, Commissioner a s E. Joh o Jr C missioner Commissioner seconded adoption of the foregoing resolu on. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Johnnette Phillips Commissioner James E. Johnson, Jr. This Resolution passed by ir,i~,~~~_ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 82-237 mta\r\summit\ter 5y498L 43-698 Y-991 U7/O:i/9b U4:1U1' YG :i Ur' 11 11~ C'7 ..~. -3- MEMORANDUM EAGLE COUNTY ENGINEERING TO: Maureen Amundson / Attorney's Office FROM: Mike Gruber / Engineering /~/~~ DATE: June 3, 1996 RE: Final Release, Collateral; Termination SIA Aspen Mountain View, The Suanmit and Oak Ridge III Inspection was performed upon completion of the crack sealing and infrared patching contract. The work is complete and acceptable. We recommend release of collateral and termination of the SIA. 5949£iL 13-698 ~-991 U r/~3/96 U4: 1(lY 1'G 4 Ur' 11 cc: George Roussos, County Engineer Chrono/File CD IXHIBIT D .. ~c REC 478.. 85,45 F'-.334 ~ a8/91 13:57 PG 1 OF 4 ~ - ~ 0. 00 0, 00 ~NNETTE F~HILLIRS EAGLE CO Y CLERK, COLORADO Commissioner ~~~"~OM~ moved adoption of the fallowing .Resolution: BOARD OF COUNTY COMMtSS10NERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91-_,~ RE TtIE ACCEPTS COUNTY ROADt SYSTEM INTO THE EAG Board of County Commissioners of the County of Eagle, State of WHEREAS, the is authored to construct and maintain Colorado (hereinafter referred to as the "Board"), public higt-.~rays pursuant #o C.R.S. §43-2-207; and WHEREAS, the Board desires to accept the certain roads into the Eagle County Road System for year-round mairrtenance. _ NOW, THEREFORE, BE IT RESOLVED BY THE BOA ADDOOF COUNTY COMMIS- SIONERS OF THE COUNTY OF EAGLE, STATE OF COLOR THAT, the Board hereby accepts the roads as set f1e ~DUn XhRoad "Sys em fo hyearo- and made a part hereof by this reference, into the Eag Y round maintenance. THAT, the Board finds, determines and declares that th of Ea le~State of Colorado for the public health, safety and welfare of the citizens of the County 9 MOVED, READ AND ADOPTED by the Board of C the Co day of n s of the County of Eagle, State of Colorado, at its regular meeting held COUNTY OF ~ s BOARD OFOCOUNTYRADO, By and Throug COMMISSIONERS .;~ C:. 0 ~~ ~. ~~ ~~ ~1 ~~ «~ ~~ ~, 0 0 ~~ ~~ ~~ c~ 0 ~: v~ c i`- M J EXHIBIT By' Chairma Donald .Welch, c;ounry ~.onu~~~a~,~„~.~ Commissioner ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates Commissioner Richard L. Gustafson This Resolution passed by fi~•~i4-W~`wt~ris vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 441478 H-545 P-334 01/08/91 13:57 PG 2 OF 4 59498E 13-698 Y-991 u7/u3/96 U4:1UY 1'G 6 vr~ 11 t7 ~: t :. ._. C'7 EXHIBIT A LENGTH ROAD - Mies SUBDIVISION Highland Meadows e~ont Road to ~ ~Cd en 0.09 e sac d Aspen Mountain View Mflurtifia~n V'ew end of cup-der sacttle . - Creek Road to 0,71 Green Meadow Drive -Mountain View Road to end of lot 10, Second 0,55 Filing Summit Vista Parkside Lane -Valley Road to 0,14 Summit Drive _ Summit Drive -end of cut-de-sac 0 16 east to end of lot 44 . Ladybelle View and Mosher Lane -Eaton Lane to end of cul-de-sac in Lady Belle View S 112 of tracts 72 0.51 and 73, including MO's Subdivision Subdivision Aspen Junction HiAcxest Drive -Old Highway 82 to 0.86 end of cul-de-sac Original Road -Highway 82 to end of 0.49 cul-de-sac Blue Lake J W- Drive -Filing 1 boundary to EI 0,47 Jebel Road Beaver Lane -Badger Road to end of 010 _ cul-de-sac Rabbit Road -Badger Road to Filing 0.20 2 boundary Raccoon Court -Badger Road to end of 0.09 CUI-de SaC Badger Road - J.W. Drive to Filing 2 0 18 boundary Basalt Industrial Park Lane -Willits Lane to Valley Park Circle and past Valley Circle to 0.25 Filing 2 boundary Valley Circle -Park Lane to end of cut--sac 0.05 441478 8-54~ P-334 01/06/91 13:57 PG 3 OF 4 ~. ~~ «~ ~~ ~~ «~ ~~ ~~ c~ a ~:, ~~ ~~ c~ c c r~ ~~ r G C c~ r« SUBDIVISION River Oaks Valtey Business Center EXHIBIT A (continued) • ~ LENGTH R~ Miles River Oaks Lane -Willits Lane to end o•'~ of cul-de-sac Sunset Drive -Willits Lane to end of U 09 cul-de-sac TOTAL MILES ~-> > 5g49fiL ~-b98 Y-yy1 u%/u3/y~ tJ4:1U1' YG ~ ~r• 11 ~: r C t«! •~ 441478 H-545 P-334 01/m8/91 13x57 PG 4 OF 4 1 ~,~~~ moved adoption of commissioner gesolutioa: the following BOARD OF COUNTY COI~II~iI88IONERB COUNTY OF EAGLE, BTATE OI' COLORADO gE80LUTION NO. 92- ~p~TH C EAGLE CCO OUNTY ROAD BYSTEM I WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinaftn ain a ubl c h ghways„pursuant is authorized to cons and t and mai P to C.R.S. § 43-2-207, y~g~p,S, the Board desires tear reound ai tenance.oads into the Eagle County Road System for y NOW, THEREFORE, BE IT RESOLVED TE OF C L RADOF COUNTY COMMIS- SIONERS OF THE COUNTY OF EAGLE, THAT, the Board hereby accepts the reof by this ref renc~int "A", attached hereto and made a part the Eagle County Road System for year-round maintenance. Z'Hp,T, the Board finds, determines and Resolution is necessary for the public health, of the citizens of the County of Eagle, State MOVED, READ AND ADOPTED by the Board of County of Eagle, State of Colorado, at ~~day of November, 1992. COUNTY BY and By: Commissioners EXHIBIT declares that this safety and welfare of Colorado. County Commissioners its regular meeting Donald We c , Co i sinner v, ~~ a; i a:. ~~ a~ ~. ~~ a -a c w ~~ 0 c~ ~~ c t1 .~« ~~ OF EAGLE, STATE OF COLORADO, Through Its BOARD OF COUNTY ~~~ (¢,~ seconded adoption of the Commissioner g the vote was foregoing resolution. The roll haven been called, as follows: Commissioner Donald H. Welch Commissioner George A. Gates Commissioner Richard L. Gustafson This Resolution passed by ~ Commissioners of the County of agle, cPi vote of the Board of County State of Colorado. 594982 13-698 ~-991 07/03/96 U4:1UY YG 1u U~' 11 c1 r« EgBIBIT A LENGTH ROAD files SUBDIVISION River Ranch LEWIS LANE - Willets Lane to 0,67 end of loop . The Summit & SAM GRANGE COURT - IIpper Cattle 0.25 Oak Ridge III, Creek Road to cul-de-sac. Aspen Mountain View, Filing No.3 LYNN'S COURT - Sam Grange Court 0,09 to cul-do-sac. GREEN MEADOW DRIVE - Lot 10, Aspen 0,20 Mountain View, Filing No.2, to end. MILBURN COURT - Green Meadow Drive 0,2 to cul-do-sac. TOTAL MILES 1.49 594982 13-698 ~-991 U7/U:i/96 u4:lUY ~U 11 ~k~ 11 • . :; M .~« ,~