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HomeMy WebLinkAbout11.0 Resolution 98-93• 111111111111111111 HI1111111111111111111111111111111 534731 11/03/1998 01:39P B1095 P965 M ALSDORF 1 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO STATE OF COLORADO ) )ss. COUNTY OF GARFIELD ) At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held at the Courthouse in Glenwood Springs on Monday, the 2nd day of November, A.D., 1998, there were present: Marian I. Smith Larry McCown John Martin Don K.DeFord Mildred Alsdorf Ed Green , Commissioner Chairperson , Commissioner , Commissioner , County Attorney , Clerk to the Board , County Administrator When the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 98-93 A RESOLUTION CONCERNED WITH THE REINSTATEMENT OF THE FINAL PLAT OF THE SIERRA PINYON SUBDIVISION AND REPEALING RESOLUTION 98-43 WHEREAS, Garfield County is a legal and political subdivision for which the Board of County Commissioners is authorized to act; and WHEREAS, the Board of County Commissioners of Garfield County, Colorado, did revoke the Final Plat for the Sierra Pinon Subdivision, with this revocation being memorialized in Resolution No. 98-43; and WHEREAS, the reason for the revocation of the Final Plat was that Barton F. Porter did not complete improvements to the roads within the Sierra Pinon Subdivision and did not have said improvements certified as being constructed in accordance with the requirements of the Subdivision Improvements Agreement by a professional engineer; and JIIIJI 11111 111111 11111 ilii 111111 umil�uii uu mi 534731 11/03/1998 01:39P B1095 P966 M ALSDORF 2 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO WHEREAS, the Board of County Commissioners of Garfield County did initiate legal action against Barton Porter in the District Court of Garfield County, Civil Action No. 98CV124-B, to require that the roads be constructed and certified as per the Subdivision Improvements Agreement; and WHEREAS, after the legal action was initiated, Barton Porter made improvements to the roads within the Subdivision and has provided the certification of a professional engineer that the roads meet the standards required in the Subdivision Improvements Agreement; and WHEREAS, the circumstances which necessitated the revocation of the Final Plat of the Sierra Pinon Subdivision have been substantially remedied; and WHEREAS, the legal action has been resolved in that a Stipulated Motion and Order to Dismiss was submitted to the District Court with the Court ordering the case dismissed without prejudice on October 5, 1998. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, as follows: 1. Resolution 98-43 is hereby repealed and the Final Plat of the Sierra Pinon Subdivision (Final Plat Reception No. 492861, as amended at Reception No. 502866) is herein reinstated. 2. The provisions of Resolution 98-43 being repealed, the Garfield County Building Department is no longer prohibited from issuing building permits for lots within the Sierra Pinon Subdivision provided all required legal and regulatory requirements for said permits are satisfied. ATTEST:,0 • DATED this 3rd day ofNovember Cle k to the Board r`' :. By: 2 , 1998. BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Chairperson Ificit111111111111111111111111111111dm111 534731 11/03/1998 01:39P B1095 P967 M ALSDORF 3 of 3 R 0.00 D 0.00 GARFIELD COUNTY CO Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Marian I. Smith Larry McCown John Martin Commissioners STATE OF COLORADO ) ss. COUNTY OF GARFIELD Aye Aye Aye I, Mildred Alsdorf, County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceedings of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 1998. County Clerk and ex -officio Clerk of The Board of County Commissioners 3