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Home My WebLink About24-131 Extending the Approval of a Final Plat for Real Property within Barefoot Lakes Filing 7A 12-18-2024II] ili[/7►I [II ►•LIIi < ! i Cl• i ! i t ! Iuti; • . i i, WHEREAS, the Board of Trustees, by duly -adopted Resolution No. 24-68, dated July 10, 2024, approved the Barefoot Lakes Filing 7A Final Plat (the "Final Plat"), submitted by Barefoot, LLC ("Applicant"), as owner of certain real property located within Barefoot Lakes Filing 7A (the "Property"); and WHEREAS, Applicant has requested that the Board of Trustees extend the date of approval of the Final Plat for a period of one hundred and eighty (180) days to July 4, 2025; and WHEREAS, the Board of Trustees has reviewed Applicant's request and, based on the application materials, has determined that there are no reasons to deny an extension of time. !• RESOLVED I fl DIBOARD OF OF [,AI.i1VttLi Section 1. The Board of Trustees hereby approves a one hundred and eighty (180) day extension for the Barefoot Lakes Filing 7A Final Plat to July 4, 2025, subject to the following conditions: (a) All conditions of the original Barefoot Lakes Filing 7A Final Plat approval from July 10, 2024, as set out in Resolution No. 24-68, shall remain valid and in full force and effect, and shall apply to the extension request; and (b) If not executed and recorded by July 4, 2025, the Barefoot Lakes Filing 7A Final Plat shall lapse, unless extended by resolution of the Board of Trustees. Section 2. Unless otherwise extended by resolution of the Board of Trustees, the approval of the Barefoot Lakes Filing 7A Final Plat, as provided by Resolution No. 24-68 and this Resolution, shall be null and void if the conditions set forth in Section 1 are not satisfied. PASSED AND ADOPTED this 18"i day of A' Missy Car anco, Deputy Town Clerl 1 I T on Conyac Jr., F EXHIBIT A Barefoot Lakes Filing 7A Final Plat RESOLUTION NO. 24-68 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A FINAL SUBDIVISION PLAT AND ACCEPTING THE PROPERTY INTERESTS DEDICATED BY THE FINAL PLAT FOR BAREFOOT LAKES FILING NO. 7A AND AUTHORIZING A SUBDIVISION DEVELOPMENT AGREEMENT PERTAINING TO THE BAREFOOT LAKES FILING NO. 7A SUBDIVISION WHEREAS, Barefoot, LLC ("Applicant"), as the current owner of certain real property located within the Town of Firestone, Colorado (the "Property"), has submitted a proposed final plat for the Property, entitled "Barefoot Lakes Filing No. 7A" (the "Final Plat"); and WHEREAS, after reviewing the Final Plat at its regular meeting pursuant to Section 16.7.6.D of the Firestone Development Code, the Board of Trustees finds the proposed Final Plat conforms to the approved preliminary plat of the Property, approved by the Board of Trustees through Resolution No. 24-68 duly -adopted following a public hearing, and that the Final Plat substantially complies with the technical subdivision and platting requirements of the Firestone Development Code. WHEREAS, the Board of Trustees of the Town of Firestone believes it is in the best interest of the Town and its citizens to approve the Barefoot Lakes Filing No. 7A Subdivision Development Agreement and to accept financial guarantees for improvements to be constructed by the Applicant. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The above Recitals and Findings of the Board of Trustees are hereby adopted as findings of the Board and incorporated into this resolution. Section 2. The Board of Trustees hereby approves the final plat for Barefoot Lakes Filing No. 7A, attached hereto as Exhibit A and incorporated herein by this reference, subject to and contingent upon compliance with the following conditions: (a) All minor, technical corrections to the Final Plat shall be made to the Town's satisfaction. (b) Applicant shall provide a recorded release of the oil and gas easement recorded in the Weld County Clerk and Recorder's Office at Reception No. 4051167 prior to recordation of the Final Plat, or the Final Plat shall be amended by the addition of the following development note, to read as follows: (1) Block 2, Lots 12-16 will not be issued building permits, sold, conveyed, or transferred until the developer has furnished the Town proof of release, or other documentation acceptable to the Town, indicating such lots are no longer burdened by the oil and gas easement recorded in the Weld County Clerk and Recorder's Office at Reception No. 4051167. Upon acceptance by the Town of Firestone, the above -stated plat restriction shall be removed. (c) Prior to recordation of the Final Plat, Applicant shall provide sufficient proof of approval and acceptance by the Colorado Energy and Carbon Management Commission, or other documentation acceptance to the Town, indicating the flow line underneath Block 2, Lots 12-16 has been removed and capped in accordance with ECMC standards and rules. (d) Prior to recordation of the Final Plat, Applicant shall obtain and record a duly executed consent to use easement agreement from the holder of the oil and gas easement recorded in the Weld County Clerk and Recorder's Office at Reception No. 4051167, permitting the Town to cross, construct, install, operate, own, and maintain within the easement area any public improvement as shown on the approved Final Construction Documents. (e) Final Construction Documents shall be approved by the Town Engineer prior to the start of construction activities. (f) Applicant shall provide an updated title commitment for the Property contained within the Final Plat when the mylars are provided for recording, dated no later than thirty (30) days prior to submission of mylars. (g) Prior to recordation of the Final Plat, a Phase III Drainage Report shall be approved by the Town. (h) Prior to recordation of the Final Plat, a Final Traffic Impact Analysis shall be approved by the Town. (i) Prior to recordation of the Final Plat, a Final Utility Study shall be approved by the Town. (j) Prior to recordation of the Final Plat, all approvals from the No. 3 Outlet Lateral Ditch Company must be completed and any ditch agreements provided to the Town. (k) Applicant shall pay applicable fees incurred as a result of the application approval, including, but not limited to, utility, remapping, public land dedication, cash -in -lieu fees, legal notice and legal review, and recording fees. Section 3. The Barefoot Lakes Filing No. 7A Subdivision Development Agreement between the Town of Firestone and Applicant is hereby approved in the form substantially similar to the form attached hereto as Exhibit B, with such revisions thereto as may be necessary for the Town's protection, and as approved by the Town Attorney's Office and the Town Manager. The Mayor is authorized to execute the Subdivision Development Agreement on behalf of the Town. Section 4. The dedication of all easements and all other places designated for public use as shown upon the final plat Barefoot Lakes Filing No. 7A is hereby accepted by the Town of Firestone, subject however, to the condition that the Town shall not undertake maintenance of any 2 easement or other place designated for public use until after construction of all necessary public improvements has been satisfactorily completed by the land owner and accepted in writing by the Town of Firestone. Section 5, The Planning and Development Director is authorized to make any changes to the mylar form of the approved Final Plat to correct errors and to make such other changes that are expressly authorized or required pursuant to this Resolution. Section 6. The Mayor and Town Clerkare hereby authorized and directed to certify upon the final subdivision plat the Town's approval and acceptance thereof. The Town Clerk is hereby authorized and directed to file the subdivision plat with Weld County Clerk and Recorder's office upon fulfillment of all conditions as indicated herein. Section 7. Unless otherwise extended by resolution of the Board of Trustees, the approval of the Barefoot Lakes Filing No. 7A final plat shall be null and void if the conditions set forth in Section 2 are not complied with within one hundred and eighty (180) clays of the date of this Resolution. PASSED AND ADOPTED this ) O -t ' day of ...) V 1 td , 2024. Conyac J ATTEST: �/A,i2- Clerk APPROV ,D AS TC RM: William P. Hayashi. vu Attorney EXHIBIT A Barefoot Lakes Filing No. 7A Final Plat EXHIBIT B Barefoot Lakes Filing No. 7A Subdivision Development Agreement