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R85-14 accepting Mountain Meadow Ranch SubdivisionCommissioner ., moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 85- ACCEPTANCE OF ROADS - MOUNTAIN MEADOW RANCH SUBDIVISION, FIRST FILING, COUNTY OF EAGLE, STATE OF COLORADO WHEREAS, as a condition of the final plat approval of the Mountain Meadow Ranch Subdivision, First Filing, by the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), Ruth A. Fender, Marvin L. Fender and H. Gary Fender (hereinafter the "Subdivider "), did on or about October 25, 1978, enter into a Subdivision Improvements Agreement (hereinafter the "Agreement ") with the Board, and WHEREAS, pursuant to th provided substitute collateral in letter of credit in the amount of ($4,000.00) to guarantee faithful those certain public improvements Agreement; and Agreement, the Subdivider the form of an irrevocable four thousand dollars performance and completion of identified within the WHEREAS, the Board at its regular meetings of December 11, 1984, and January 23, 1985, respectively, approved the full release of the aforementioned irrevocable letter of credit due to the Subdivider's satisfactory completion of those certain public improvements required pursuant to the Agreement and as a condition of the Board's final plat approval of the Mountain Meadow Ranch Subdivision, First Filing; and WHEREAS, by reason of the foregoing, the Subdivider has requested the Board to accept for maintenance those public rights -of -way designated as Blue Creek Trail on the final plat of the Mountain Meadow Ranch Subdivision, First Filing, and Blue Creek Overlook on the final plat of the Mountain Meadow Ranch Subdivision, Second Filing, by reason that such public rights -of -way 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 evidence presented to the Board at its regular meeting of January 23, 1985, including oral and written recommendations of Larry Metternick, Eagle County Engineer, and the Subdivider's response thereto, the Board hereby determines to approve the Subdivider's request 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 hereby finds and determines that those certain public rights -of -way designated as Blue Creek Trail on the final plat of the Mountain Meadow Ranch Subdivision, First Filing, and Blue Creek Overlook on the final plat of the Mountain Meadow Ranch Subdivision, Second Filing, have been constructed and completed in accordance with the plans and specifications approved by the Board and incorporated into that certain Subdivision Improvements Agreement dated October 25, 1978, between the Board and the Subdivider relative to the Mountain Meadow Ranch Subdivision, First Filing. THAT, the Board hereby formally accepts for maintenance the aforementioned public rights -of -way. THAT, in consideration of the Board's actions herein, the Subdivider has agreed, and shall be fully responsible and obligated, to correct, to the satisfaction of the Board, any and 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 Subdivider, for a one -year period commencing January 23, 1985, and ending January 23, 1986. THAT, the Board's acceptance of the aforementioned public rights -of -way 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 the Mountain Meadow Ranch Subdivision, Second 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. -2- MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of February, 1985. ATTEST: Clerk of the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY° COMMISGS-IONERS David E. Mott, Chairman Donal H. Welch, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner David E. Mott Commissioner Richard L. Gustafson Commissioner Donald H. Welch 7 This Resolution passed by 'vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -3-