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HomeMy WebLinkAboutR00-018 releasing trail improvements fundsC Commission moved adoption o4 .. a following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2000 - RESOLUTION RELEASING TRAIL IMPROVEMENTS FUNDS WHEREAS, pursuant to X30 -28 -137, CRS, and the Eagle County Land Use Regulations, the Board of County Commissioners of the County of Eagle, State of Colorado ( "County ") entered into a Subdivision Improvements Agreement dated September 22, 1997 ( "River Pines SIA ") with Protrust River Pines, LLC, the subdivider, as a condition of final plat approval for River Pines Subdivision; and WHEREAS, pursuant to the terms of the River Pines SIA (Section 5.5), the subdivider deposited with the Eagle County Treasurer the sum $50,000.00 to be used for the construction of a pedestrian bridge across the Eagle River in the vicinity of the River Pines Subdivision; and WHEREAS, pursuant to X30 -28 -110, CRS, and the Eagle County Land Use Regulations, the County approved an Amendment Of The River Pines Planned Unit Development by Resolution 98 -134; and WHEREAS, as a condition of the approval of that amendment, the subdivider deposited with the Eagle County Treasurer the additional sum of $25,000.00 to be used for the same purpose; and WHEREAS, pursuant to X30 -28 -137, CRS, and the Eagle County Land Use Regulations, the County entered into an Amendment Of And Assignment Of Subdivision Improvements Agreement concerning The Reserve on the Eagle River Subdivision on June 26, 1988 ( "Reserve SIA "); and WHEREAS, an improvement required by The Reserve SIA was the construction of a bike path along the subdivision, south of the Eagle River; and 1 G: \BOBWIP \Resolutions \FUNDS.WPD File Nos. 82 -331 and 97 -90 WHEREAS, by Resolution 93 -59 adopted June 1, 1993, the County accepted a cash deposit to the Eagle County Treasurer in the sum $25,000.00 to secure the construction of the bike path required by the Reserve SIA.in lieu of other collateral; and WHEREAS, pursuant to Resolution 94 -77 adopted June 13, 1994,. the County accepted as complete the improvements required under the Reserve SIA, which improvements were in part completed by the County accepting the cash collateral previously deposited in lieu of the subdivider's construction of the bike path required by the Reserve SIA; and WHEREAS, the County is entering into contracts to construct the bike path south of the Eagle River along The Reserve at the Eagle River Subdivision, the cost of which (in excess of any contributions by other subdivisions pursuant to approval conditions or subdivision improvements agreements) exceeds $25,000.00; and WHEREAS, the County is entering into contracts for the construction of a pedestrian bridge across the Eagle River in the area of the River Pines Subdivision, the cost of which (in excess of any contributions by other subdivisions pursuant to approval conditions or subdivision improvements agreements) exceeds $50,000; and WHEREAS, the Regional Transportation Authority, responsible on behalf of the County for the foregoing construction, requests the release of the deposits identified above for use to pay the construction costs of the trail and the bridge, respectively. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, upon the recommendation of the Eagle County Regional Transportation Authority, the County hereby directs the County Treasurer to release the foregoing deposits (i.e., $25,000.00 deposited pursuant to The Reserve SIA, the $50,000.00 deposited by the River Pines subdividers pursuant to the River Pines SIA, and the $25,000.00 deposited by the River Pines subdividers in performance of a condition of the approval of the amendment to the River Pines PUD) for the use by the Eagle County Regional Transpor- tation to pay the costs of construction of the bike path along The Reserve at the Eagle River Subdivision, south of the Eagle River, and of the pedestrian bridge across the Eagle River nearby the River Pines Subdivision. 2 G: \BOBWIP \Resolutions` \FUNDS.WPD File Nos. 82 -331 and 97 -90 THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, tate of Colorado, at its regular meeting held the day g _ 2000. `£" COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: n s! y: ,BOARD OF COUNTY COMMISSIONERS � B y• _ Cl erk to the Board o Tom C. Stone County Commissioners Chairman Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Tom C. Stone Commissioner James E. Johnson, Jr. Commissioner Johnnette Phillips This Resolution passed by �j' ' vote County Commissioners of the County of Eagle, Stat G: \BOBWIP \Resolutions \FUNDS.WPD 3 of the Board of of Colorado. File Nos. 82 -331 and 97 -90 y Jo ettePhillips ssioner