HomeMy WebLinkAboutR82-089 release of collateral old edwards estates sage flatsRESOLUTION
OF
THE BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 82 -,?y
RELEASE OF COLLATERAL AND ACCEPTANCE OF ROADS - OLD EDWARDS
ESTATES, SAGE FLATS, COUNTY OF EAGLE, STATE OF COLORADO
WHEREAS, Eagle II Developers, a partnership,
hereinafter referred to as "Subdivider," did on or about
February 9, 1981, enter into a Subdivision Improvements
Agreement with the Board of County Commissioners, County of
Eagle, State of Colorado, hereinafter referred to as the
"Board." Pursuant to said agreement, the Subdivider
provided collateral by means of promissory notes in the
collective amount of Two Hundred Thirty -Seven Thousand Four
Hundred Dollars ($237,400.00) secured by First Deeds of Trust
covering Lots 1, 2, and 3, respectively, Old Edwards Estates
Subdivison, Filing No. 2, Eagle County, Colorado, to
guarantee the faithful performance and completion of certain
public improvements, i.e., construction or improvement of
roads, bicycle paths and easements, landscaping and a bridge
structure as shown on the final plat of said subdivision; and
WHEREAS, the Subdivider desires the Board to release
the aforesaid First Deeds of Trust by reason of the
Subdivider's substantial compliance with the terms and
conditions of the subject Subdivision Improvements Agreement,
and that certain letter dated August 3, 1982, from Larry
Metternick, County Engineer, to Dean R. Malsom, Project
Manager for the Subdivider, relative to the construction or
improvement of required public improvements; and
WHEREAS, the Subdivider further desires the Board to
accept for maintenance those roads within the subject
subdivision designated as public rights -of -way on the final
plat thereof.
NOW, THEREFORE, be it resolved by the Board of
County Commissioners, County of Eagle, State of Colorado:
THAT, the Board hereby releases those certain Deeds
of Trust with respect to Lots 1, 2, and 3, respectively, of
the Old Edwards Estates, Filing No. 2, Eagle County,
Colorado, according to the recorded final plat thereof; said
Deeds of Trust appearing in Book 318 at Page 124, Book 318 at
Page 125, and Book 318 at Page 126, respectively, in the
property records of the County of Eagle, State of Colorado.
THAT, the Public Trustee of the County of Eagle,
State of Colorado, is hereby requested and directed to
release those certain Deeds of Trust referred to in the
paragraph next above upon the payment by the Subdivider of
any and all fees for obtaining said releases.
THAT, in accordance with Section 2.23.17 of the Land
Use Regulations, County of Eagle, State of Colorado, 1982, as
amended, the Board hereby formally accepts for maintenance
those certain roads designated as public rights -of -way or
easements on the final plat of the Old Edwards Estates
Subdivision, Filing No. 2, Sage Flats, County of Eagle, State
of Colorado.
THAT, in consideration of the Board's actions
herein, the Subdivider has agreed, and shall be responsible
and obligated to perform and complete in a good workmanlike
manner the following public improvements within the period of
time as specified:
a. The revegetation of the cut slope in the
northeast quadrant of the cul -de -sac on Old Country
Lane in the subject subdivision, within 9 months
from the date of this Resolution; and
b. the cleaning of the culvert at the intersection
of Wellington Lane and Old Country Lane in the
subject subdivision within 30 days from the date of
this Resolution.
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 UNANIMOUSLY ADOPTED by the Board of
County Commissioners, County of Eagle, Colorado, at its
regular meeting held this° day of October, 1982,
non pro tunc September 29, 1982.
ATTEST:
CY rk to the Boar_- of
unty Commissioners
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
BY: ...I, 'ZaJ
Dale F. Grant, Chairman
Keith Troxel, Commissioner
Dan Williams, Commissioner