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R89-032 acceptance of Morgan Drive Berry Creek Subdivisiont Commissioner (3T2 S moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- A ACCEPTANCE OF MORGAN DRIVE - 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, enter into a Subdivision Improvements 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 WHEREAS, based upon the oral and written recommendations of the Eagle County Engineer, the Board hereby determines to approve the Subdivider's request that Morgan Drive 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 Morgan Drive has been constructed and completed in accordance with plans and specifications approved by the Board. THAT, the Board hereby formally accepts for maintenance Morgan Drive. 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 Morgan Drive by the District, for a one -year period commencing October 18, 1988, and ending October 18, 1989. THAT, the Board's acceptance of Morgan Drive for maintenance purposes shall not abrogate the rights of the Board in enforcing the satisfactory completion of those public improvements required as a condition of the Board's final plat approval of Berry Creek Ranch Subdivision, Filing No. 4. 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 County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the /�3W day of March, 1989. COUNTY By and COMMIS. By: By erk to the oard o ounty Commissioners OF EAGLE, STATE OF COLORADO, Throuah Its BOARD OF COUNTY on George,.-A. Gates, Commissioner `,. \ 1 10�. _ Commissioner 1A ),-P- /dA,� seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch C/ y Commissioner George A. Gates Commissioner Richard L. Gustafson This Resolution passed by 17ryw %/"j'_5' vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -2-