HomeMy WebLinkAboutR14-071 Oleson Subdivision Final Release of Collateral Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2014- 71
FINAL RELEASE OF COLLATERAL
AND
TERMINATION OF THE WARRANTY PERIOD
FOR
OLESON SUBDIVISON (FILE NO.PDF-00075)
WHEREAS, pursuant to C.R.S. §30-28-137, the Board of County Commissioners of the
County of Eagle, State of Colorado ("Board") entered into a Subdivision Improvements
Agreement dated June 24, 2003 and recorded in the real property records of Eagle County at
reception number 838270 ("Agreement") with Steve Epstein ("Subdivider") as a condition of
final plat approval for Oleson Subdivision, File No. PDF-00075; and
WHEREAS, pursuant to Eagle County Consent No. 2003-16 which was recorded in the
real property records of the Eagle County at reception number 856430 the Board approved
substituted collateral to ensure faithful completion of the public improvements and released the
plat note; and
WHEREAS, the County entered into a Consent to Assignment and Assumption of
Agreement dated December 7, 2004 and recorded in the real property records of Eagle County at
reception number 900337with Gordon Blaikie and Patricia Blaikie; and
WHEREAS, the County is presently holding collateral in the amount of$13,216.57 in
connection with the subdivision improvements; and
WHEREAS, the Engineering Department has determined that the improvements are
complete, have survived the two-year warranty period and are acceptable per the terms and
conditions of the Agreement; and
WHEREAS, the work required under the Agreement is complete and acceptable and the
Engineering Department recommends full release of the current collateral and the termination of
the Agreement as indicated in the Memorandum from the Engineering Department dated January
10, 2013 which is attached hereto and incorporated herein by this reference as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
.
THAT, based upon the recommendation of the County Engineer, THE BOARD FINDS
that the Subdivider's obligations under the Agreement have been satisfied.
THAT, the Board hereby authorizes the full and final release of the collateral in the
amount of $13,216.57 and the termination of the Subdivision Improvements Agreement for
Oleson Subdivision, File No. PDF-00075 which Agreement is recorded in the real property
records of Eagle County at reception number 838270.
THAT, this document shall be recorded in the records of the Eagle County Clerk and
Recorder, which shall be evidence that the warranty period for Oleson Subdivision has been
successfully completed and that the Subdivider's obligations under the Agreement are complete.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the /c7' day of
2014.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
ATTEST: , BOARD OF COUNTY COMMISSIONERS
s
. .,
.....
... /-, _ .0" By: 1 /_
Clerk to the Board of L./Ian H. Ryan
County Commissioners hairman
it.i
Sara J. Fisher
Commissioner
Kathy Chandler-Henry
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the v to was as follows:
Commissioner Ryan Al 0
Commissioner Fisher i,
Commissioner Chandler-Henry
This Resolution passed by /0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
2
• (-I
MEMORANDUM
EAGLE COUNTY ENGINEERING
TO: Deborah Churchill, Eagle County Attorney's Office �,; 1CL
FROM: Mike Horvath, Engineering Department
Mf=Y
DATE: January 10, 2013 1 t:(+
RE: Subdivision Improvements Agreement, Oleson Subdivision, Eagle County File No.
PDF-00075
Release of Collateral and the Termination of the Warranty Period and Subdivision
Improvements Agreement
After a file review, we accept the improvements per the terms and conditions of the Subdivision
Improvements Agreement.
I recommend termination of the Subdivision Improvements Agreement, termination of the warranty
period, and the release of the remaining collateral for the improvements as follows:
The improvements for the Oleson Subdivision as collateralized and as established
by Consent No. 2004-25, to $13,216.57. This amount represents the 10% of the
collateral for the subdivision improvements to be retained throughout the two year
warranty period.
These improvements entail the construction of utility infrastructure and a driveway.
# # #
cc: Eva Wilson, County Engineer(email)
EXHIBIT
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