HomeMy WebLinkAboutR02-139 final release of collateral for Cordillera Filing 37 off site sewerCommissioner moved adoption
of t07611 ing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2002-
FINAL RELEASE OF COLLATERAL
AND
TERMINATION OF THE WARRANTY PERIOD
FOR
CORDILLERA FILING NO. 37
A RESUBDIVISION OF LOTS X, AND 2, TRACTS A, M, N & P
CORDILLERA FILING NO. 37, OFF -SITE SEWER
File No: PDF -00045
WHEREAS, on May 22, 2000, Squaw Creek Realty Corp., a Colorado corporation
( "Subdivider ") and the Board of County Commissioners of Eagle County, Colorado (hereinafter
"Board ") entered into a Subdivision and Off -Site Improvements Agreement (hereinafter
"Agreement ") concerning the development of Cordillera Filing No. 37, a Resubdivision of Lots
1, and 2, Tracts A, M, N & P, Cordillera Filing 37, Off -Site Sewer, Reception No. 730423; and
WHEREAS, pursuant to Consent number 2000 -17, the Board authorized a partial release
of collateral in the amount of $83,270.70 thereby reducing the collateral to $9,252.30; and
WHEREAS, the remaining collateral was secured by a plat note, number 9, Reception
number 730389, and Agreement number 2.1 for the duration of the warranty period; and
WHEREAS, both the Subdivider and the Engineering Department state that the work
required under the Agreement is complete and acceptable and the Engineering Department
recommends full release of the collateral value, as secured by the plat note, and the termination
of the Subdivision Improvements Agreement, see Exhibit "A, "attached hereto and incorporated
herein by this reference.
WHEREAS, the warranty period required by the Subdivision Improvements Agreement
has ended.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, based upon the oral and written recommendations of the County Engineer and
County Attorney, THE BOARD FINDS that the Subdivider's obligations under the Agreement
have been satisfied; and
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Sara J Fisher Eagle, CO 370 R 0.00 D 0. 00
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THAT, the Board hereby authorizes the full and final release of collateral value, as
secured by the plat note restriction and the termination of the Subdivision and Off -Site
Improvements Agreement for Cordillera Filing 37, A Resubdivision of Lots 1 and 2 and Tracts
A, M, N, & P; Off -Site Sewer, Reception No. 730423.
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 Cordillera Filing 37, A
Resubdivision of Lots 1 & 2, Tracts A, M, N, & P, Off-Site Sewer has been successfully
completed and that the Subdivider's obligations under the Agreement are complete.
THAT, the plat note as described in the Subdivision and Off-Site Improvements
Agreement recorded at Reception number 730423 be released.
THAT, Eagle County does not assume responsibility for maintenance or upkeep of the
roads in Cordillera Filing 37.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the day of October, 2002.
ATTEST:
Clerk to the Board of
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
, BOARD OF OUNTY CO S.
� Gala r !ai ® ZOL-N
Arn M. Menconi
Commissioner
By: W,
Tom 6 Stone
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows:
Commissioner Michael L. Gallagher
Commissioner Arn M. Menconi
Commissioner Tom C. Stone
Iry 810046
111111111111111111111111111111111111111111111111111111 s.�.e I
Sara J
This Resolution passed by a `0 vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
GAjkslresolutionsllfinal release cordillera Filing 37
File No. 87 -84
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MEMORANDUM
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EAGLE COUNTY ENGINEERING
TO: Janice Scofield, Legal Secretary
Eagle County Attorney's Office
FROM: John M. Vengrin� ,m�//
Engineering Department
DATE: September 6, 2002
RE: "Subdivision and Off-Site Improvements Agreement, Cordillera Filing No. 37, A
Resubdivision of Lots I & 2 and Tracts A, M, N, & P, File No. PDF- 00045, Off-Site
Sewer, Rec. No. 730423, Dated May 22, 2000
On August 26, 2002,1 inspected the public improvements consisting of the Off -Site Sewer covered
by the above referenced Subdivision Improvements Agreement (SIA). All of the improvements will
have satisfactorily completed the two year warranty period on September 14, 2002. Therefore, it is
my recommendation that any remaining collateral held by Eagle County be released and that the SIA
be terminated.
Our file on this project has documentation that the warranty period was officially started by Consent
Resolution No. 2000 -17. I do not have documentation that monetary collateral was ever substituted
for the plat note restriction. Consent resolution No. 2000 -17 indicates that the plat note restriction
was to remain in effect. Therefore, it is still my recommendation to terminate the SIA and release
the Subdivider from the plat note restriction, since the work is complete, and has successfully passed
a two year period without failure or degradation.
# # ##
Pc: Helen Migchelbrink, County Engineer
Chris Williams; Johnson, Kunkel & Associates, Inc.
John Cahill, Cordillera
Jack Ingstad, County Administrator
George Roussos, Assistant County Administrator
Chrono
File PDF -00045
10/10/2002 05:16P
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EXHIBIT
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