HomeMy WebLinkAboutR87-24 Deletion of plat restriction for Summit Vista SubdivisionCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 87 -�
DELETION OF PLAT RESTRICTION
AS THE SAME RELATES TO THE COMMON AREA
OF THE SUMMIT VISTA SUBDIVISION,
COUNTY OF EAGLE, STATE OF COLORADO
WHEREAS, Summit Vista, Ltd., hereinafter referred to
as the "Subdivider ", on or about August 22, 1984, entered into
a Subdivision Improvements Agreement with the Board of County
Commissioners of the County of Eagle, State of Colorado,
hereinafter referred to as the "Board "; and
WHEREAS, pursuant to the aforementioned Agreement,
the Subdivider provided collateral by means of a plat restric-
tion on the final plat of the Summit Vista Subdivision record-
ed in Book 395 at Page 305 of the real property records of the
County of Eagle, State of Colorado, to guarantee faithful
performance and completion of certain public improvements
identified within the subject Subdivision Improvements Agree-
ment; and
WHEREAS, the above - described plat restriction
provided as follows:
"THIS PLAT AND THE LOTS DESCRIBED HEREIN IS SUBJECT TO
THE FOLLOWING RESTRICTION:
(a) SUBDIVISION IMPROVEMENTS AGREEMENT.
There shall be no sales, leases, or any
other form of conveyance of the real
property described on this plat without
permission of the Board of County Commis-
sioners, nor shall building permits be
issued for the above described real
property until such time as this restric-
tion shall be deleted by The Board of
County Commissioners." and
WHEREAS, pursuant to Resolution No. 85 -25, the Board
approved a partial deletion of the plat restriction only as
such plat restriction related and applied to Lots 20 through
40, inclusive, of the Summit Vista Subdivision, based upon its
finding of substantial completion of a number of the public
improvements required within Phase I of the subject Subdivi-
sion, and its acceptance of an irrevocable letter of credit in
the amount of sixty -six thousand three hundred and no /100
dollars ($66,300.00) provided by the Subdivider as substitute
collateral for those improvements remaining to be completed
within Phase I; and
WHEREAS, the Subdivider now desires that the subject
plat restriction with respect to the area designated as
"common area" on the final plat of the Summit Vista Subdivi-
sion be deleted; and
WHEREAS, the Board finds that the above- mentioned
letter of credit in the amount of $66,300.00 along with the
plat restriction still in full force and effect as to Lots 1
through 19, inclusive, and Lots 41 through 47, inclusive,
Summit Vista Subdivision, comprise sufficient collateral to
guarantee and secure faithful completion of all remaining
public improvements required under the subject Subdivision
Improvements Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORA-
DO:
THAT, the plat restriction appearing on the final
plat of the Summit Vista Subdivision recorded in Book 395 at
-2-
3
Page 305 of the real property records of the County of Eagle,
State of Colorado, hereinabove more fully set forth, be, and
the same hereby is, deleted only as such plat restriction
relates and applies to that area designated as "common area"
of the Summit Vista Subdivision.
THAT, the recordation in the real property records
of the County of Eagle, State of Colorado, of an original of
this Resolution shall constitute the formal release of record
of the above - described plat restriction only as the same
relates to that area desianated as "common area" of the Summit
THAT, the above - described plat restriction shall
remain on the final plat of the Summit Vista Subdivision, and
be applicable to, and in full force and effect, for Lots 1
through 19, inclusive, and Lots 41 through 47, inclusive, of
the Summit Vista Subdivision as identified on the recorded
final plat thereof.
THAT, the deletion of the plat restriction set forth
herein shall not, in any way, be construed as releasing Summit
Vista, Ltd. from the obligations and agreements within that
certain Subdivision Improvements Agreement dated August 22,
1984, between Summit Vista, Ltd. and the Board relative to the
Summit Vista Subdivision.
THAT, the Board hereby determines the deletion of
the plat restriction set forth herein will not abrogate the
rights of the Board in enforcing the satisfactory completion
of those public improvements remaining to be completed, by
reason that the Board still retains the plat restriction as it
relates to Lots 1 through 19, inclusive, and Lots 41 through
47, inclusive, of the Summit Vista Subdivision, and an
irrevocable letter of credit in the amount of $66,300.00,
which constitues sufficient collateral to guarantee completion
of the same.
THAT, the Board hereby finds, determines and de-
clares that this Resolution is necessary for the public
health, welfare and safety of the citizenry of the County of
Eagle, State of Colorado.
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MOVED, READ AND ADOPTED by the Board of County Commis-
sioners of the County of Eagle, State of Colorado, at its
regular meeting held the xrF= ??�,= 13 16th day of
March, 1987.
ATTEST:
By:
0
s
COUNTY OF EAGLE, STATE OF
COLORADO, By: and Through Its
BOARD)OV COUNTY COMMISSIONERS
By:
son,, cnairman
Donates ff. Welch, Commissioner
George A. Gates, Commissioner
Commissioner (yT.s seconded adoption
of the foregoing resolution. The roll having been called, the
vote was as follows:
Commissioner
Richard L.
Gustafson
/yt
Commissioner
Donald H.
Welch
4 c"
Commissioner
George A.
Gates
4-y�r
This Resolution passed by 6111 li>4or s vote of the Board of
County Commissioners of the County of Eagle, State of
Colorado.