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R89-010 accepting certain roads in Berry Creek Subdivision Filing 4Commissioner G A moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- 16 ACCEPTANCE OF CERTAIN ROADS - BERRY CREEK SUBDIVISION, FILING NO. 4, COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, as a condition of the final plat approval of Berry Creek Ranch Subdivision, Filing Nos. 3 and 4, by the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "the Board "), the Berry Creek Metropolitan District ( "the District ") and June Creek Ranch Company ( "the Subdivider ") did, on or about January 22, 1980, entered into a Subdivision Improvements Agreement (hereinafter the "Agreement ") with the Board, wherein the District agreed to make certain public improvements; and WHEREAS, the Subdivider has made application to the Board for acceptance of a portion of the public rights -of -way which have been constructed and completed in accordance with the plans and specifications approved by the Board and incorporated into the Agreement; and WHEREAS, based upon the oral and written recommendations of the Eagle County Engineer, the Board hereby determines to approve the Subdivider's request that the roads described in Exhibit A, attached hereto and made a part hereof by this reference, be accepted by the Board for maintenance, subject to the terms and conditions set forth hereinbelow. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board finds and determines that those certain public rights -of -way described on the Attached Exhibit A have been constructed and completed in accordance with the plans and specifications approved by the Board and incorporated into Agreement described hereinabove. THAT, the Board hereby formally accepts for maintenance the aforementioned public rights -of -way. THAT, in consideration of the Board's action herein, the District and Subdivider have agreed and shall be fully responsible and obligated to correct, to the satisfaction of the Board, all defects arising from or related to workmanship and materials failures (beyond normal wear and tear) in the construction of the aforementioned public rights -of -way by the District, for a one -year period commencing October 18, 1988, and ending October 18, 1989. THAT, the Board's acceptance of rights -of -way for maintenance purpos rights of the Board in enforcing the those public improvements required as final plat approval of Berry Creek No. 4. the aforementioned public =_s shall not abrogate the satisfactory completion of a condition of the Board's Ranch Subdivision, Filing THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, welfare, and safety in the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of the County of Eagle, State of Colorado, held the day of January, 1989. of County Commissioners at its regular meeting COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By : \� Dona d H. Welch, Chairman George�2. G apes, Commissioner Commissioner �� /ek 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 C� ds emu/ t� ®try vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT A ACCEPTANCE OF ROADS FOR MAINTENANCE BERRY CREEK RANCH SUBDIVISION, FILING NO. 4 Singletree Road - from Bronco Drive east to Filing No. 4 boundary Mustang Road Pinto Drive Bronco Road as the same are depicted on that certain final plat for Berry Creek Ranch Subdivision, Filing Nos. 3 and 4, as filed in the office of the County Clerk and Recorder in Book 299 at Page 322.