HomeMy WebLinkAboutC87-139 Fred and Janet Martin donate land on Brush Creek Road387-139-38
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BETWEEN
Um
FREDERICK B. MARTIN AND JANET R. MARTIN
i 7J A
IATT S AGREEMENT, made and entered into this Z r day
of
19871 by and between the County of Eagle,
State ot Colorado, by and through its Board of County
Commissioners ("County"), and Frederick B. Martin and Janet R.
Martin (hereinafter collectively referred to as Martins).
W I T N E S S E T H:
WHEREAS, the County desires to construct improvements to
County Road No. P-307, hereinafter referred to as "Brush Creek
Road";
WHEREAS, Martins are owners of property located adjacent to
a portion of the Brush Creek Road Improvement Project; and
WHEREAS, for the purpose of upgrading and realigning Brush
Creek Rd, Martins are willing to donate and the County is
willing to accept a 0.0162 -acre parcel of property as the same
is more particularly described on Exhibit A.
NOW, THEREFORE, for and in consideration of the mutual
covenants, promises and conditions herein contained, the parties
hereto agree as follows:
1. Martins agree to donate and the County agrees to accept
the property described on Exhibit A attached hereto and
incorporated herein by this reference (hereinafter referred to
as the "Right -of -Way Parcel").
2. Martins agree to execute a quit claim deed in the form
attached hereto as Exhibit B and made a part hereof by this
reference, conveying the Right -of -Way Parcel to the County.
Said deed shall be delivered to the County at the address given
below for notices within ten (10) days of execution of this
agreement by all parties hereto, but in no event later than
August 6, 1987. The County Attorney shall hold the deed in
safekeeping until such time the release of deed of trust
described at
I
paragraph 3 hereinbelow is obtained, at which time the County
shall cause the deed to be recorded in the real property records
of Eagle County.
3. The following encumbrances show on the Right -of -Way
Parcel:
Deed of Trust executed by Frederick B. Martin and Janet
R. Martin, to the Public Trustee of Eagle County for the use
of FirstBank of Vail, in the original amount of $49,500 as
recorded in Book 284 at Page 78 of the real property records
of the County of Eagle, State of Colorado. Subsequently
assigned to Northern City National Bank recorded in Book 284
at Page 861 of the real property records of the County of
Eagle State of Colorado.
A second Deed of Trust executed by Frederick B. Martin
and Janet R. Martin, to the Public Trustee of Eagle County
for the use of First Bank of Eagle County, in the original
amount of $65,283.63 as recorded in Book 426 at Page 658 of
the real property records of the County of Eagle State of
Colorado.
Martins agree to cooperate fully with the County in obtaining a
release of said deed of trust with respect to that portion of
the property which comprises the Right -of -Way Parcel. The
County agrees to prepare all paperwork and to pay all processing
and/or administrative costs or fees associated with obtaining
the said release.
4. It is anticipated that the County shall construct
improvements to the Brush Creek Road between MP 0.92 and MP
2.60. A portion of this section of road is adjacent to property
owned by Martins. The County makes the following agreements
with respect to said construction:
a. The County shall replace the disturbed portion of
existing fence with one of equal or better condition
adjacent to the Right -of -Way parcel, approximately 6
inches onto Martins' property from proposed new
property line. Martins, or their successors in
interest, are thereafter solely responsible for the
ownership and maintenance of said fence. This
replacement fence shall consist of CDOH Standard
M-607-1 Combination Wire Fence with Wooden Posts,
except post spacing shall be 16' with two wooden stays
provided between posts.
2
5. All prior proposals or agreements, verbal or written, are
expressly revoked upon execution of this Agreement. It is understood by
the parties that the County assumes no responsibilities or obligations
other than those expressly provided or herein.
6. This shall inure to and be binding upon the parties' heirs,
executors, and assigns.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals on the day and year first above written.
County Commissioners
STATE OF COLORADO
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF--CDU+TY COMMISSIONERS
ul- 9
Richard L,4,"' G44taf sAA, Chairman
Address for giving' riotices:
P.O. Box 850
Eagle, CO 81631
is f
Frederick B. Martin
Jan V -R. Martin
Address for giving notices:
P.O. Box 532
Vail, CO 81658
County of
The f regoing was acknowledged before me this
day of MM=, 1987, by -71Y8jeVir-k . Ina X Z- . /7 al7ct
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires 990
N6tary Public
3
I /
L:Z
EXHIBIT A
SHEET I OF 2
N.11047'13"E.
5.70'
SCALE: I"= 20'
%L LAND BANK OF
A PROPERTY
XBENNETT
ROPERTY
MacKown Surveying & Engineering, Inc. DRN : LM
DATE : 23 JUNE 87
P. O. Box 323 • 409 Brooks Lane 0 Eagle, Cola. 81631 0 (303) 328-7208 87/016 0.0162
MU
EM
EXHIBIT A
SHEET 2 OF 2
A PARCEL OF LAND LOCATED WITH AND ALONG THE NORTHERLY BOUNDARY OF A
TRACT OF LAND DESIGNATED AS "PARCEL 2677" DESCRIBED IN BOOK 267 AT
PAGE 282 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 37, SECTION 10,
TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF "PARCEL 2677" AN EXISTING ALUMINUM
CAP #14109 FROM WHICH CORNER NO. 2 OF TRACT 60 AN EXISTING BRASS CAP
MONUMENT BEARS 5.25°58'04"E. 1866.64 FEET DISTANT, WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S.27048'30"E. BETWEEN
CORNER NO. 1 OF TRACT 58 AN EXISTING 1.5 INCH ALUMINUM CAP #14109 AND
CORNER NO. 2 OF TRACT 60, THENCE ALONG THE EASTERLY BOUNDARY LINE OF
"PARCEL 2677" 5.17°33'39"W. 3.74 FEET, THENCE DEPARTING SAID BOUNDARY
LINE 50.72 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF
1285.00 FEET, THE CHORD OF WHICH BEARS N.580 19'14"W. 50.71 FEET DISTANT,
THENCE N.57011'23"W. 42.53 FEET, THENCE N.54019'30"W. 55.66 FEET TO A
POINT ON THE WESTERLY BOUNDARY LINE OF "PARCEL 2677," THENCE ALONG SAID
WESTERLY BOUNDARY LINE N.11047'13"E. 5.70 FEET TO THE NORTHWEST CORNER
OF "PARCEL 2677" THENCE ALONG THE NORTHERLY BOUNDARY LINE OF "PARCEL
2677" THE FOLLOWING TWO COURSES:
1. S.54044'10"E. 97.99 FEET
2. 5.57058?05"E. 51.98 FEET
TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0162 ACRES MORE OR LESS.
r
"PARCEL 2677" BEARINGS WERE NOT ROTATED BASED ON THE FOUND NORTHEAST
CORNER OF "PARCEL 2677" AND CORNER NO. 2 OF TRACT 60.
MacKo,%N'll SLtrVC}'lit; 8r Engineering, Inc. DATE: 23 JUNE 87
P. O. Box 323 9 409 Brooks Lane • Eagle. Colo. 81631 0 (303) 328-7208 87/016 0.0162
Recorded at o'cloc M.,
Receiion leo. Recor td)5r.
l
�I
THIS DEED, Made this
QUIT CLAIM DEED
day of
i between Frederick B. Martin and .Janet R. Martin
I
ii
of the *County of Eagle
Colorado, grantor(s), and The County of Eagle,
c/o Board of County Commissioners
whose legal address is P.O. Box 850
Eagle, CO 81631
of the County of Eagle
,1987,
and State of
State of Colorado
and State of Colorado, grantee(s),
WITNESSETH, That the grantor(s), for and in consideration of the sum of.— — — — — — — — — — — — TEN AND NO / 100------
------------------------------------------------------------------------DOLLARS
the receipt and sufficiency of which is hereby acknowledged, ha Veremised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do remise, release, sell, convey and QUITCLAIM unto the grantee(s), its heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(s) ha Vein and to the real property, together with
improvements, if any, situate, lying and being in the County of Eagle and State of
Colorado, described as follows:
A 0.0162 acre parcel of land located with and along the northerly boundary
of a tract of land designated as "Parcel 2677" described in Book 267 at
Page 282 of the Eagle County records, located in Tract 37, Section 10,
Township 5 South, Range 84 West of the sixth principal meridian, County
of Eagle, State of Colorado, said parcel being more particularly
described on Exhibit A attached hereto and made a part hereof by this
reference.
also known by street and number as:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to
the only proper use, benefit and behoof of the grantee(s), its heirs and assigns forever.
IN WITNESS WHEREOF, The grantor(s) haVe executed this deed on the date set forth above.
by
Frederick B. Martin
STATE OF COLORADO,
County of
The foregoing instrument was acknowledged before me this
My commission expires
t!
*If in Denver, insert "City and."
I'
,19
Janet R. Martin
ss.
day of
Witness my hand and official seal.
Notary Public
No. 933. Rev. 3485. QUIT CLAIM DEED Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214 — (303) 233-6900
,19
N.110 47'13" E.
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W
B(
EXHIBIT A
SHEET 1 OF 2
SCALE: I"= 20'
%L LAND BANK OF
A PROPERTY
XBENNETT
ROPERTY
DRN LM
'MacKown Surveying & Engineering, Inc.
DATE 23 JUNE 87
P. O. Box 323 • 109 Brooks Lane 0 Eagle. Colo. 81631 • (303) 328-7208 87/016 0.0162
Em
E
EXHIBIT A
SHEET 2 OF 2
A PARCEL OF LAND LOCATED WITH AND ALONG THE NORTHERLY BOUNDARY OF A
TRACT OF LAND DESIGNATED AS "PARCEL 2677" DESCRIBED IN BOOK 267 AT
PAGE 282 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 37, SECTION 10,
TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF "PARCEL 2677" AN EXISTING ALUMINUM
CAP #14109 FROM WHICH CORNER NO. 2 OF TRACT 60 AN EXISTING BRASS CAP
MONUMENT BEARS S.25058104"E. 1866.64 FEET DISTANT, WITH ALL BEARINGS
CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S.27048'30"E. BETWEEN
CORNER NO. 1 OF TRACT 58 AN EXISTING 1.5 INCH ALUMINUM CAP #14109 AND
CORNER NO. 2 OF TRACT 60, THENCE ALONG THE EASTERLY BOUNDARY LINE OF
"PARCEL 2677" S.17033'39"W. 3.74 FEET, THENCE DEPARTING SAID BOUNDARY
LINE 50.72 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF
1285.00 FEET, THE CHORD OF WHICH BEARS N.580 19'14"W. 50.71 FEET DISTANT,
THENCE N.57011'23"W. 42.53 FEET, THENCE N.54019'30"W. 55.66 FEET TO A
POINT ON THE WESTERLY BOUNDARY LINE OF "PARCEL 2677," THENCE ALONG SAID
WESTERLY BOUNDARY LINE N.11047'13"E. 5.70 FEET TO THE NORTHWEST CORNER
OF "PARCEL 2677" THENCE ALONG THE NORTHERLY BOUNDARY LINE OF "PARCEL
2677" THE FOLLOWING TWO COURSES:
1. S.54044'10"E. 97.99 FEET
2. 5.57°58'05"E. 51.98 FEET
TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0162 ACRES MORE OR LESS.
i
0
"PARCEL 2677" BEARINGS WERE NOT ROTATED BASED ON THE FOUND NORTHEAST
CORNER OF "PARCEL 2677" AND CORNER NO. 2 OF TRACT 60.
MacKo„,n Survcyin; & Engineering, Inc. DATE: 23 JUNE 87
P. O. Box 323 • 409 Brooks Lane 0 Eagle. Colo. 81631 0 (303) 328-7208 87/016 0.0162