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HomeMy WebLinkAbout3.0 Resolution 81-343STATE OF COLORADO County of Garfield Recorded at . 4/: I o'clock—L—W1 JUL 0 6 19$b Reception No. 3934&S MILDRED ALSDORF, RECORDER GARFIELD COUNTY, COLORADO :,:: r_37 mE222 At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Court House in Glenwood Springs on Monday , the 1.6.th day of " MQvember A. D. 19 8.1... , there w r,7 present: L4rry VglAgque7 , Commissioner Chairman ..::.AV.Pp—aa Car.i e , Commissioner Eugene 12:inhA3.1sg , Commissioner Fa- Bb r.Q dg , County Attorney :.:'-Leanne Clelar},.h„ ,pegu;[ry , Clerk of the Board when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 81-343 RESOLUTION. CONCERNED WITH THE VACATION OF A FINAL PLAT FOR THE HORIZONS WEST SUBDIVISION, WHEREAS, on February 25, 1980, the Board of County Commissioners for the County of Garfield, State of Colorado, approved a final plat for the Horizons. West Subdivision, which subdivision was located in Sections 2 and 3, Tp. 6 South, Range 93 West of the Sixth P.M., the County of Garfield, State of Colorado; and WHEREAS, the applicants, Robert E. Pretti and Dorothy G. Pretti, on behalf of Horizons West Ltd., a limited partnership, executed a subdivision improvements agreement dated February 25, 1980, which agree- ment has Reception No. 302123 by the County Clerk and Recorder, in which agreement provided for the construction of certain public improvements; and WHEREAS, on February 25, 1980, the applicants, above named, signed. promissory notes in the amounts of $172,156.00 and $184,829:00 .to guarantee the construction of certain public improvements; and WHEREAS, on February 25, 1980, the applicants signed deeds of trust in regards to certain lots which deeds of trust bear the Reception No, of 302124 and 302125 from the Garfield County Clerk and Recorder; and WHEREAS, on November 10, 1980, the Board.of County Commissioners for the County of Garfield, State of Colorado approved an extension of timein which the applicants had to perform under the above subdivision improvements agreement; and WHEREAS, by letter dated October 19, 1981, through their attorney, the applicants have requested a.second extension of time in which to perform under the above subdivision improvements agreement; and WHEREAS, on October 26, 1981, the matter of a second extension of time came before the Board of County Commissioners; and WHEREAS, the Board has denied said request on the grounds that the original plat is incompatible with the proposed development by the present owner of the subject property, and incompatible with the utility system for the City of Rifle, Colorado; and WHEREAS, motion was made, seconded, and passed that the final plat for Horizons West be vacated. NOW, THEREFORE, BE IT RESOLVED.: 1. That the final plat for the Horizons West Subdivision as recorded with the Garfield County Clerk and Recorder ie hereby vacated and held for naught. 80J, 71.37P402:3 2. That the applicants are hereby released from any and all obligations which they assumed in regards to certain public improvements on the above described property, to -wit: a subdivision improvements agreement dated February 25, 1980, promissory note dated February 25, 1980 in the amount of $172,156.00, a promissory note dated February 25, 1980 in the amount of $184,829.00. FURTHER the County by this Resolution does hereby release and forever discharge any claim it might have in regards to two deeds of trust with Reception No. 302124 and Reception No. 302125 recorded with the Garfield County Clerk and Recorder. ATTEST: Puty Clerk of the Board BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye Flaven J. Cerise Aye Eugene'Drihkhouse Aye Commissioners STATE OF COLORADO ss County of Garfield ,...":* Mild t:..c1.) A.e.,.51.o r f I, , County Clerk and ex -officio Clerk of the Board of County Commissioners • % ,,,-. .. in and for the County and 'Staie aforesaid do hereby certify that the annexed and foregoing Order is truly copied from the Records of the Proceedings OTthe Board;ofCounty'epiimbitiloners for said Garfield County, now in my office. . , . ...— - IN Flls:TESS WHEREOF, I hay?.....kpieunto set my hand and affixed the seal of said County. at Glenwood Springs, this 6f2i f day of July - ''' : A. D. 19 88 . , , County Clerk and ex -officio Clerk of the Board of County Commissioners. . .,.,..., 1,