HomeMy WebLinkAboutC87-144 Travelers Insurance AgreementAGREEMENT
X87-144-38'
BETWEEN
THE COUNTY OF EAGLE, STATE OF COLORADO
AND
TRAVELERS INSURANCE COMPANY
THIS AGREEMENT, made and entered into this 8th day
of September _, 1987, by and between the County of Eagle,
State of Colorado, by and through its Board of County
Commissioners ("County"), and Travelers Insurance Company, A
Connecticut Corporation (hereinafter referred to as Travelers).
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, Travelers 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, Travelers is willing to donate and the County is
willing to accept a 0.0689 -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. Travelers 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. Travelers agrees
form attached hereto as
reference, conveying the
Said deed shall be deliv
below for notices within
agreement by all parties
August 7, 1987.
to execute a quit claim deed in the
Exhibit B and made a part hereof by this
Right -of -Way Parcel to the County.
ered to the County at the address given
ten (' 10) days of execution of this
hereto, but in no event later than
0
A
3. It is anticipated that the County shall construct
improvements to the Brush Creek Road between MP 0.92 and MP 2.60
adjacent to property owned by Travelers. 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 Travelers property from proposed new
property line. Travelers, or its successors in
interest, are thereafter solely responsible for the
ownership and maintenance of said fence. This
replacement fencing shall consist of CDOH Standard
M-607-1 Barbed Wire Fence With Metal Posts, except that
five strands of barbed wire shall be provided instead
of four and stays shall be wood instead of metal.
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 OF EAGLE, STATE OF
COLORADO, By and Through Its
ROARD--&P�COUNTY COMMISSIONERS
Address for giving notices:
P.O. Box 850
Eagle, CO 81631
2
Travelers Insurance Company
a Connecticqrporation
By:
Emil A.hmitt
'
R Sional e Pr sident
B
Marion Blackwood, Jr.
Assistant Secretary
Address for giving notices:
STATE OF COLORADO
County of
The foregoing was acknowledged before me this
day of , 1987, by
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires
Notary Public
3
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
(7
Loan No. RE 11360
FOR CORPORATE ACKNOWLEDGEMENT
On September 8, 1987 , before me, the undersigned, a
Notary Public in and for said County and State, personally appeared
Emil A. Schmitt , known to me to be the Regional Vice President
of The Travelers Insurance Company, and Marion Blackwood Jr.
the Assistant Secretary of the corporation that execute
the within instrument, and known to me to be the persons who
executed the within instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation executed the
within instrument pursuant to its bylaws or a resolution of its
board of directors.
WITNESS my hand and official seal.
Signature • CSG%
oFFIciALSFAL. Notary Pu is In an o t
hO
SANDRA E. KEITH State of California, County of
NOTARYPUBUC-CAUFORNIA Contra Costa
PRINCIPAL OFFICE IN
CONTRA COSTA COUNTY
My Commlaelon Expires March t' 1NI My Commission Expires:
I
EXHIBIiT A
! r
SHEET 2 OF 2
(77
A PARCEL OF LAND LOCATED WITHIN A TRACT OF LAND DESCRIBED IN BOOK 442
AT PAGE 743 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 44, SECTION 4,
TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
ASFOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE OF TRACT 38 FROM
WHICH CORNER NO. 5 OF TRACT 38 AN EXISTING BRASS CAP MONUMENT BEARS
S. 89°23'33"W. 335.21 FEET DISTANT. WITH ALL BEARINGS CONTAINED HEREIN
BEING RELATIVE TO A BEARING OF S.890 23'33"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
SAID TRACT LINE N.89023'33"E. 12.00 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY FENCE LINE OF A PUBLIC ROAD, THENCE ALONG SAID RIGHT-OF-WAY
FENCE LINE THE FOLLOWING THREE COURSES:
1. S.44004'59"E. 28.08 FEET
2. S.55000'00"E. 127.00 FEET
3. S.53030'00"E. 115.43 FEET
TO A POINT ON THE EXTENSION OF THE WESTERLY LINE OF "THE COLORADO RIVER
AND EAGLE COMPANY RURAL HOMESITES NOS. 1, 2, AND 3" AS DESCRIBED IN BOOK
337 AT PAGE 893 OF THE EAGLE COUNTY RECORDS, THENCE S.22054'16"W. 7.04
FEET, THENCE N.570 07'44"W. 123.71 FEET, THENCE N.53°12'03fW. 40.08 FEET,
THENCE 118.15 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS
OF 885.00 FEET, THE CHORD OF WHICH BEARS N.49022'34"W. 118.07 FEET DISTANT
TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0689 ACRES MORE OR LESS.
SURVEYORS NOTE:
"THE COLORADO RIVER AND EAGLE COMPANY RURAL HOMESITES NOS. 1, 2, AND 3"
SUBDIVISION LOCATION AND BEARINGS WERE BASED ON FOUND PROPERTY CORNERS,
ALUMINUM CAPS #14109 AT THE NORTHWEST CORNER OF HOMESITE 2 AND THE
NORTHEAST CORNER OF HOMESITE 3. BEARINGS WERE ROTATED 00°00'40" CLOCKWISE.
THE TIE FROM THE NORTHWEST CORNER OF HOMESITE 1 TO CORNER NO. 5 OF TRACT
38 WAS FOUND TO BE N.72051'13"W. 583.54 FEET VERSUS THE PLATTED COURSE
OF N.72050'03"W. 583.03 FEET.
MacKown Surveying & Engineering, Inc.
P. O. Box 323 • 409 Brooks Lane • Eagle. Colo. 81631 9 (303) 328-7208
DATE: 9 JUNE 87
87/016
Pecordetfat o'cl hi••
Reception No. "' Rccarser
EXHIBIT B
jI _ QUIT CLr1INI DEED
THIS DEED, Made this 7+A day of 1.i • 1987
between Travelers Insurance Company , A Connecticut
Corporation
of the *County of Eagle and State of
Colorado, grantor(s), and The County of Eagle, State of Colorado
c/o Board of County Commissioners
whose Icgal address is P , 0. Box 850
Eagle, CO 81631
of the County of Eagle
REy�j1.136o
and State of Colorado, grantee(s),
WITNESSETH, That the grantor(s), for and in consideration of the sum of ----------------TEN AND N01100----.
------------------------------------------------------------------- DOLLARS
O/100----
-------------------------------------------------------------------DOLLARS
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 CLAVNI 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 0.0689 acre parcel of land located within a tract of land de-
scribed- in Book 442 at Page 743 of the Eagle County records,
lociited in Tract 44, Section 4, 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.
There is hereby reserved by grantor(s) One Hundred -Percent (100%)
of the minerals, such minerals to include btlt not be limited to
oil, gas, casinghead• gas, associated hydrocarbons, coal, lignite,
sulphur., phosphate, lead, zinc, copper, iron ore and other metallic
ores, sodium, salt, uranium, thorium, molybdenum, vanadium,
geothermal energy, titanium and other fissionable materials•, gold,
silver (and other precious metals), bauxite, limestone and other
stones,'gypsum and other minerals (sand, gravel and clay being the
only exceptions) now owned or hereafter acquired by grantor(s) in,
on or under the real property as described on Exhibit A, together
with full rights of ingress and egress and use of the surface to
the extent reasonably necessary for the purpose of exploring,
drilling, mining (including, to the extent reasonable iri the.
circumstances, open pit and strip mining), developing, producing,
storing, removing, treating and transporting said materials.
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 %hatsoever, 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` NYITNESS WHEREOF, The grantor(s) ha s executed this deed on the date set forth above.
Emil A. Sc,b. t
Regional V4tie re ident
1'
Marion Blackwood, Jr.
Assistant Secretary
STATE OF COLORADO,
ss.
County of
The foregoing instrument was acknowledged before me this day of
by
My commission expires .19 Witness my hand and official seal.
Notary Public
,19
No. 933. Rev. 3-M. ourr CLAIM DEED Bradford Publishing. 5825 W. 6th Ave., lakewax), CO 80214 —(303) 233.6900 2.87 'l;
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
Loan No. RE 11360
FOR CORPORATE ACKNOWLEDGEMENT
On September 8, 1987 , before me, the undersigned, a
Notary Pu is in and for said County and State, personally appeared
Emil A. Schmitt , known to me to be the Regional Vice President
of The Travelers Insurance Company, and Marion Blackwood Jr.
the Assistant Secretary of the corporation that execute
the within instrument, and known to me to be the persons who
executed the within instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation executed the
within instrument pursuant to its bylaws or a resolution of its
board of directors.
WITNESS my hand and official seal.
(seal) Signature:-
Notary Public in and for the
-roOFFICIAL SEAL State.. of California, County of
SANDRA E. KEITH Contra ;costa
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL_ OFFICE IN
CONTRA COSTA COUNTY
t1Ry Commisslon Expires March 1,1981 y commission Expires • ���
•:fir?:� ��=)�wRi�:yF �, L.•� ft. }�� .�. t• '-Y 1'`�'�.
i7 `i �i ,N
i
EXHIBIt1'r A
SHEET 2 OF 2
e
A PARCEL OF LAND LOCATED WITHIN A TRACT OF LAND DESCRIBED IN BOOK 442
AT PAGE 743 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 44, SECTION 4,
TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF EAGLE, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED
AS I'OLLOdS:
BEGINNING AT A POINT ON THE SOUTHERLY -BOUNDARY LINE OF TRACT 38 FROM
WHICH CORNER NO. 5 OF TRACT 38 AN EXISTING BRASS CAP MONUMENT BEARS
S. 89°23'33"W. 335.21 FEET DISTANT, WITH ALL BEARINGS CONTAINED HEREIN
BEING RELATIVE TO A BEARING OF S.89°23'33"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
SAID TRACT LINE N.89023'33"E. 12.00 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY FENCE LINE OF A PUBLIC ROAD, THENCE ALONG SAID RIGHT-OF-VIAY
FENCE LINE THE FOLLOWING THREE COURSES:
1. S.44°04'59"E. 28.08 FEET
2. S.55°00'00"E. 127.00 FEET
3. S.53030'00"E. 115.43 FEET
TO A POINT ON THE EXTENSION OF THE WESTERLY LINE OF "THE COLORADO RIVER
AND EAGLE COMPANY RURAL HOMESITES NOS. 1, 2, AND 3" AS DESCRIBED IN BOOK
337 AT PAGE 893 OF THE EAGLE COUNTY RECORDS, THENCE S.22054'16"W. 7.04
FEET, THENCE N.570 07'44"W. 123.71 FEET, THENCE N.53°12'02"W. 40.08 FEET,
THENCE 118.15 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS
OF 885.00 FEET, THE CHORD OF WHICH BEARS N.49°22'34"W. 118.07 FEET DISTANT
TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.0689 ACRES MORE OR LESS.
SURVEYORS NOTE:
"THE COLORADO RIVER AND EAGLE COMPANY RURAL HOMESITES NDS. 1, 2, AND 3"•
SUBDIVISION LOCATION AND BEARINGS WERE BASED ON FOUND PROPERTY CORNERS,
ALUMINUM CAPS 914109 AT THE NORTHWEST CORNER OF HOMESITE 2 AND THE
NORTHEAST CORNER OF HOMESITE 3. BEARINGS WERE ROTATED 00°00'40" CLOCKWISE.
THE TIE FROM THE NORTHWEST CORNER OF HOMESITE 1 TO CORNER NO. 5 OF TRACT
38 WAS FOUND TO BE N.72051'13"W. 583.54 FEET VERSUS THE PLATTED COURSE
OF N.72050'03"W. 583.03 FEET. "
````o0�REa;
4% 1%15...... �q.A...........STF .'.
V-3 ..66 2 =
�A�ND
Mad(own Surveying & Lnginccring, Inc. DATE: 9 JUNE 87
P. O. Box 323 409 Brooks Lane • Eagle. Colo. 81631 • (303) 328.7208 87/016 0.0689
