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HomeMy WebLinkAboutR93-099 lifting building moratorium on Phase I Eby Creek Mesa• C Commissioner moved adoption of the following esolutio BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO 93 - Lifting the Building Moratorium on Phase I, Eby Creek Mesa Subdivision (Lots 1 through 98) WHEREAS, the Board of County Commissioners of Eagle County, Colorado ( "Board "), on June 12, 1989, adopted Resolution No. 89 -62 (recorded at Book 507, Page 903, of the records of the Eagle County Clerk and Recorder), providing that no building permits be issued within the Eby Creek Mesa Subdivision until such time as the improvements required within the Subdivision 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; and WHEREAS, Resolution No. 89 -62 also prohibited the transfer of individual lots until the owner developed and received Board approval for a plan that meets the requirements for subdivisions under the County's Land Use Regulations; and WHEREAS, Eby Creek Mesa Limited Partnership, a Colorado Limited Partnership ( "Subdivider "), as successor to the original subdivider, has entered into a new Subdivision Improvements Agreement for Lots 1 through 98, inclusive, of the Eby Creek Mesa Subdivision; Subdivider has provided a surety -bond and other collateral pursuant to that Subdivision Improvements Agreement, which is recorded at Book 613 at Page 188 of the records of the Eagle County Clerk and Recorder; and WHEREAS, the Board approved the plan contained in the Subdivision Improvements Agreement for Lots 1 through 98 of Eby Creek Mesa Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: A. THAT, as to Phase I, Eby Creek Mesa Subdivision, consisting of Lots 1 through 98, the restrictions imposed by Resolution No. 89 -62 are removed. Building permits may now be issued for Lots 1 through 98, and Lots 1 through 98 may be individ- ually transferred. B. For all other property within Eby Creek Mesa Subdivision, the provisions of Resolution No. 89 -62 shall remain in full force and effect. En 01 N w � W i �r0 m 1-" n-4 iN W 01 t1j N P 04 N0 M co ('Z N 041 0­1 0 to c+ co 0 c� m C4 �0 RO b m� 0 0 P1 �1 0 N t C c 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the Count of Eagle, State of Colorado, at its regular meeting held the day of ���,�,� _, 1993. ATTEST: to thEV Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS J s E. J , mmissioner Commission4 seconded adoption of the fore- going resolut on. The roll having been called, the vote was as follows: Commissioner Gates Commissioner Phillips Commissioner Johnson., This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 513424 B -617 P -352 08/24/93 01:30P PG 2 OF 2 #82 -248 Sub: 1993 sia r \liftrest.eby Im