HomeMy WebLinkAboutR1979-07 Release of Collateral - Berry Creek Ranch Subdivision RESOLUTION
OF
THE BOARD OF COUNTY COMMISSIONERS
THE COUNTY OF EAGLE, STATE OF COLORADO
RELEASE OF COLLATERAL - BERRY CREEK RANCH SUBDIVISION
WHEREAS, June Creek Ranch Company, a Colorado joint ven-
ture hereinafter referred to as "Subdivider ", did on October 27,
1978, enter into a Subdivision Improvements Agreement with the
Board of County Commissioners of the County of Eagle, State of
Colorado, hereinafter referred to as "Board ". The Subdivider pur-
suant to said agreement provided collateral by means of a plat
restriction to guarantee performance and completion of certain
public improvements set forth in Exhibit "A" attached hereto and
incorporated herein by this reference;
WHEREAS, the Subdivider desires to terminate and cancel
said agreement, the same to be replaced by a second Subdivision
Improvements'Agreement between the County and Berry Creek Metro-
politan District hereinafter referred to as "District" whereby
the District assumes all responsibility, obligation, and liability
for completion of said public improvements;
NOW THEREFORE, be it resolved by the Board of County
Commissioners, County of Eagle, State of Colorado:
THAT, the Subdivision Improvements Agreement executed
between the Subdivider and the County of Eagle, Colorado, dated
October 27, 1978, is hereby terminated and cancelled and all se-
curity or collateral i.e. plat restrictions, given by the Subdivider
is hereby released and discharged;
THAT, said Subdivision Improvements Agreement is replaced
by a Subdivision Improvements Agreement executed between the County
of Eagle, Colorado and the District dated May 14, 1979, which states that
the District guarantees the completion of certain public improvements
set forth in Exhibit "A ".
1
THAT, the Board hereby finds, determines and declares
that the Resolution is necessary for the public health, welfare
• and safety in the County of Eagle, State of Colorado.
{
MOVED, READ AND UNANIMOUSLY ADOPTED this day
of May, 1979.
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
//
BY: I; may✓ BY: Cam. L) £ (/tom_
C//•rk of the Boarai-' County' Dan i 11 iams, Chairman
ommissioners
•
41010
EXHIBIT "A"
•
PUBLIC IMPROVEMENTS
FOR ROADS AND RELATED DRAINAGE WORK AND RE- VEGETATION
AND RESTORATION OF AFFECTED TERRAIN
Said improvements shall include excavation, embankments,
paved surfacing, central water system, drainage work and construction
and installation of culverts; restoration and re- vegetation of terrain
disturbed by said improvements. All of the above as more specifically
set forth on the final plats for Berry Creek Ranch Subdivision, Filing
Nos. 1 and 2, and those public improvement maps, plans, and specifi-
cations for said Subdivision as filed in the office of the County Clerk
and Recorder, and /or County Engineer and /or the Department of Plan-
ning and Development, respectively, of the County of Eagle, State
of Colorado, all of said documents incorporated herein by this re-
ference.
•