HomeMy WebLinkAboutC87-139 Fred and Janet Martin donate land on Brush Creek Road387-139-38 F.T"-1143r4;1Vii. W 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. / 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