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R89-062 Eby Creek Mesa suit -r Commissioner t')-2Ia moved adoption vl\ �. of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- G � ' REGARDING THE EBY CREEK MESA SUBDIVISION IA U a WHEREAS, The Board of County Commissioners (the "Board) of O n s Eagle County is a defendant in the matter before the District Court of Eagle County, Colorado, captioned Western Slope Utilities, Inc., vs. Loren G. Chambers, et al ., Civil Action No. 86 CV 287; and WHEREAS, Loren G. Chambers, Hunter Antonides, and Eby Creek W a Mesa, a general partnership (hereafter the "subdivider ") entered into a subdivision improvements agreement with the Board in October of 1981. Said agreement is recorded in Book 331 at Page 640 of the records of Eagle County. Performance under the agreement was secured by a promissory note dated October, 1981, payable to the LL Board in the sum of $3,491,925.00. Said promissory note is secured o by a deed of trust upon lots 73, 74, and 185, Eby Creek Mesa Subdivision, recorded in Book 342, at Page 69 of the records of Eagle County; and Y WHEREAS, First Bank of Eagle County; The Estate of Leonard W Horn; Western Slope Utilities, Inc.; DWI, Inc. d /b /a Doughty Steel 7U and Machine; also parties to the action, collectively referred to p>- hereafter as the "Creditors," have reached an agreement for the " settlement of their claims against the Subdivider. o ca U WHEREAS, the Board has declared the Subdivider to be in w default upon the subdivision improvements agreement and upon the ED U promissory note. WHEREAS, the Subdivider remains in default upon the subdivision improvements agreement and upon the promissory note. a J J WHEREAS, The Board, in order to protect the health, safety and y welfare of the citizens of the County, finds it necessary to make LO D. certain orders regarding all property located within the al W subdivision. t n W xD Z 0 Z It s 0 o V ! NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: A. The Board hereby orders that no building permits shall be issued within the Eby Creek Mesa subdivision until such time as the improvements required within the subdivision improvements agreement are installed or the subdivision and zoning requirements of the Eagle County Land Use Regulations are otherwise satisfied as reflected by resolution of the Board. B. Title to lots within the subdivision held by the subdivider at the time of passage of this resolution shall be held only en masse, except as may be otherwise authorized by the Board. Prior to individual sale of said lots or further development, the owner or its successor shall develop a plan that meets the requirements for subdivisions under the County's Land Use Regulations and shall receive County approval of such plan. Upon such approval, lots may again be individually sold. C. The Clerk and Recorder shall cause this resolution to be recorded within the records of the County. The provisions of this Resolution shall take effect upon adoption. IN WITNESS WHEREOF, we have hereunto subscribed our names this day of June, 1989. T: By: WCl t e Boar of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Donal H. Welch, ommissioner v a� 2�J rq LL a tV o, s F7 m m ry m m o_ n U) U) y L7 co S d v -2- George X Gates, Commissioner Commissioner R-AiZZ5 seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch p� Commissioner George A. Gates �y Commissioner Richard L. Gustafson This Resolution passed by C/H/A - vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 404085 B -507 P -903 06/12/89 16:34 PG 3 OF 3 -3-