HomeMy WebLinkAboutR89-032 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.
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