HomeMy WebLinkAboutC87-140 First Bank fo EAgle County agrement for work on Brush Creek RoadAGREEMENT C87 -140-3f
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
FIRST BANK OF EAGLE COUNTY
THIS AGREEMENT, made and entered into this ZV6?,? day
of 1987, by and between the County of Eagle,
State of Colorado, by and through its Board of County
Commissioners ("County"), and First Bank of Eagle County
(hereinafter referred to as First Bank).
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, First Bank is the owner 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., First Bank is willing to donate and the County is
willing to accept a 0.0084 -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. First Bank agrees 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. First Bank agrees 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 13, 1987.
1
12
3. 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 First Bank. In exchange for the right-of-way parcel
donated to the County, by First Bank, 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.
The fence shall be located in straight lines between
the following points: 1) approximately 35.5 feet from
the proposed centerline of Brush Creek Road at the
northwest property corner, 2) approximately 30 feet
from said centerline at the west side of the existing
driveway, and 3) approximately 33 feet from said
centerline at the northeast property corner. The
replacement fencing shall be constructed as described
in Exhibit C attached hereto. Notwithstanding the fact
that the fence will be partially on County road
right-of-way, First Bank, or its successors in
interest, shall be solely responsible for maintenance
of the fence and shall not claim ownership of the
right-of-way or any part thereof, now or in the
future. The County retains its right to use the
right-of-way at a future time and upon the exercise of
such right, may require relocation of the fence to the
property line.
4. 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.
5. 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
y
COUNTY OF EAGLE, STATE OF
COCBRAD , By and Through Its
=D OF COUNTY COMMISSIONERS
Richard L,�Go)taf soV, chairman
K
Address for gi)ing notices:
P.O. Box 850
Eagle, CO 81631
FIRST BANK OF EAGLE COUNTY
By.
President
By:
�ecr6tary
Address for giving notices:
P.O. Box 567
Eagle, CO 81631
STATE OF COLORADO
County of
The f egoin was acknowledger4 be�foxe me thi
vqy. of , 1 a'4—L-� I
d n' 9 8 7, by U).
I - 1.1n k r " '7VI AVJ
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires
Not(ar /'Public
240 BRDA4Y
EAGLE. Q 61231
3
EXHIBIT A
' SHEET I OF 2
I
70.00'
SCALE: I"= 20'
HOMESITE 3 I N.00004'54"w.
I 3.68'
P.O. B.
o0a �
5 QO '67,
TO CEDAR POST
CORNER NO.3
TRACT 55
FEDERAL LAND
BANK OF
WICHITA
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R = 1397.39' r
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CB= N.67°22'47W. 0
CD= 1 5 1.12'
A = 151.19 O- 0
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EICHLER TRACT o D
BOOK 329 PAGE 363 0
v
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S. 00000,16"w.
4.52'
WALCK PROPERTY I
I
MaCKOwn Surveying & Engineering, Inc. D R N c LM
DATE : 10 JUNE 87
P.O. Box 323 9 409 Brooks Lane • Eagle, Colo. 81631 0 (303) 328-7208 87/016 0.0084
,0
Im
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a
EXHIBIT A
SHEET 2 OF 2
A PARCEL OF LAND LOCATED WITHIN AND ALONG THE NORTHERLY BOUNDARY OF A
TRACT OF LAND KNOWN AS THE "EICHLER TRACT" DESCRIBED IN BOOK 329 AT
PAGE 363 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 55, SECTION 9,
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 AN EXISTING IRON PIPE AND BRAZED CAP MARKING CORNER NO. 2
EICHLER TRACT FROM WHICH A CEDAR POST WITH A METAL TAG ATTACHED THEREON
MARKING CORNER NO. 1 EICHLER TRACT ALSO BEING THE POSITION OF CORNER
NO. 3 OF TRACT 55 BEARS S.00004'54"W. 821.17 FEET DISTANT, WITH ALL
BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S.89023'33"W.
BETWEEN CORNER NO. 7 OF TRACT 44 AN EXISTING 1.5 INCH DIAMETER ALUMINUM
CAP RLS 914109 AND CORNER NO. 8 OF TRACT 44 AN EXISTING BRASS CAP MONUMENT,
THENCE ALONG THE NORTHERLY BOUNDARY LINE OF THE "EICHLER TRACT"
S.67040'34"E. 150.80 FEET, THENCE ALONG THE EASTERLY BOUNDARY LINE OF THE
"EICHLER TRACT" S.00000'16"W. 4.52 FEET, THENCE DEPARTING THE EASTERLY
BOUNDARY LINE 151.19 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A
RADIUS OF 1397.39 FEET, THE CHORD OF WHICH BEARS N.67022'47"W. 151.12
FEET DISTANT TO A POINT ON THE WESTERLY BOUNDARY LINE OF THE "EICHLER
TRACT," THENCE ALONG THE WESTERLY BOUNDARY LINE N.00004'54"W. 3.68 FEET
TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0084 ACRES MORE OR
LESS.
,SAN -_ 0 RE
411 . �. ...........
125
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''�i�>•F `AND Qi` S;
EICHLER PROPERTY DESCRIPTION ROTATED 00001'-34" COUNTER CLOCKWISE BASED
ON FOUND CEDAR POST FOR CORNER NO. 1 AND BRAZED CAP FOR CORNER NO. 2
OF THE "EICHLER TRACT."
— MaeICo�vn Surveying ter Lngineering, Inc.
P. O. Box 323 • 409 Brooks Lane • Eagle, Colo. 81631 0 (303) 328-7208
DATE: 10 JUNE 87
87/016
Ir
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Recor4edet _
Reception No
o'cloc M.,
Record`
QUIT CLAIM DEED
THIS DEED, Made this day of 1%7
between First Bank of Eagle County
of the *County of Eagle and State of
Colorado, grantor(s), and The County of Eagle, State of Color
c/o Board of County Commissioners
whose legal address is P.O. Box 850
Eagle, CO 81631
of the County of Eagle
and State of Colorado, grantee(s),
WITNESSETH, That the grantor(s), for and in consideration of the sum of --------------TEN AND NO 1 100------
-----------------------------------------------------------------------5OLLARS
the receipt and sufficiency of which is hereby acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by
these presents do es remise, release, sell, convey and QUIT CLAIM unto the grantee(s), its heirs, successors and assigns,
forever, all the right, title, interest, claim and demand which the grantor(s) ha s in 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 0.0084 acre parcel of land located within and along the northerly
boundary of a tract of land known as the "Eichler Tract" described
in Book 329 at Page 363 of the Eagle County records, located in
Tract 55, Section 9, 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.
i'
IN WITNESS WHEREOF, The grantor(s) ha s executed this deed on the date set forth above.
i
i
President
�Secretary
by
STATE OF COLORADO,
County of
The foregoing instrument was acknowledged before me this
My commission expires '19
*If in Denver, insert "City and."
ss.
day of
Witness my hand and official seal.
Notary Public
,19
No. 933. Rev. 3.85. QUIT CLAIM DEED Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214 — (303) 233-6900 2-87 til E
EXHIBIT A
SHEET I OF 2
I
70.00'
SCALE: I"= 20'
HOMESITE 3 I N.00004'54"W.
I 3.68'
P.O.B.
o0Q 5
TO CEDAR POST
CORNER NO.3
TRACT 55 FEDERAL LAND
BANK OF
WICHITA
m
0 = 06°11'57" D
O
R = 1397.39' r-
cn M
CB= N.67°22 47W. m o
CD= 1 5 1.12' 0 O
o
A = 151.19 O' w C
Z
m �
-.0
EICHLER TRACT o v
BOOK 329 PAGE 363 0
-o
I
w
0
i �S.00000'16W.
4.52'
WALCK PROPERTY I
I
MacKown Surveying & Engincering, Inc. D R N LM
DATE 10 JUNE 87
P. O. Box 323 • 409 Brooks Lane • Eagle, Colo. 81631 • (303) 328.7208 87/016 0.0084
MEE
EXHIBIT A
SHEET 2 OF 2
A PARCEL OF LAND LOCATED WITHIN AND ALONG THE NORTHERLY BOUNDARY OF A
TRACT OF LAND KNOWN AS THE "EICHLER TRACT" DESCRIBED IN BOOK 329 AT
PAGE 363 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 55, SECTION 9,
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 AN EXISTING IRON PIPE AND BRAZED CAP MARKING CORNER NO. 2
EICHLER TRACT FROM WHICH A CEDAR POST WITH A METAL TAG ATTACHED THEREON
MARKING CORNER NO. 1 EICHLER TRACT ALSO BEING THE POSITION OF CORNER
NO. 3 OF TRACT 55 BEARS 5.00°04'54"W. 821.17 FEET DISTANT, WITH ALL
BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF 5.89023'33"W.
BETWEEN CORNER NO. 7 OF TRACT 44 AN EXISTING 1.5 INCH DIAMETER ALUMINUM
CAP RLS #14109 AND CORNER NO. 8 OF TRACT 44 AN EXISTING BRASS CAP MONUMENT,
THENCE ALONG THE NORTHERLY BOUNDARY LINE OF THE "EICHLER TRACT"
S.67040'34"E. 150.80 FEET, THENCE ALONG THE EASTERLY BOUNDARY LINE OF THE
"EICHLER TRACT" S.000 00'16"W. 4.52 FEET, THENCE DEPARTING THE EASTERLY
BOUNDARY LINE 151.19 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A
RADIUS OF 1397.39 FEET, THE CHORD OF WHICH BEARS N.67022'47"W. 151.12
FEET DISTANT TO A POINT ON THE WESTERLY BOUNDARY LINE OF THE "EICHLER
TRACT," THENCE ALONG THE WESTERLY BOUNDARY LINE N.00004'54"W. 3.68 FEET
TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0084 ACRES MORE OR
LESS.
vC,Vh
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S 1 'w
�1 /`fi •
�''s�rsA tiArNfl pt�5`o�.
EICHLER PROPERTY DESCRIPTION ROTATED 00°01'34" COUNTER CLOCKWISE BASED
ON FOUND CEDAR POST FOR CORNER NO. 1 AND BRAZED CAP FOR CORNER NO. 2
OF THE "EICHLER TRACT."
— MacKown Surveying & Engineering, Inc.
P. O. Box 323 9 409 Brooks Lane 9 Eagle. Colo. 81631 0 (303) 328-7208
DATE: 10 JUNE 87
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