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HomeMy WebLinkAboutC87-160 88 Acres/Central Bank AgreementAGREEMENT C87-160-54 r: THE COUNTY OF EAGLE, STATE OF COLORADO AND 88 ACRES LTD/CENTRAL BANK OF GLENWOOD SPRINGS T S AGRE�F made and entered into this day of 1_ =, 1987, by and between the County of Eagle, State of olorado, by and through its Board of County Commissio ers ("County"), and 88 Acres LTD, a Colorado limited partnership, and Central Bank of Glenwood Springs (formerly known as The First National Bank of Glenwood Springs) (said bank and said partnership hereinafter collectively referred to as "Grantors"). 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, Grantors 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, Grantors are willing to donate and the County is willing to accept a 0.155 -acre parcel of property from 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. Grantors agree to donate their interest in 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. Grantors agree to execute quit claim deeds 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 July 29, 1987. 1 11 0 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 Grantors. In exchange for the right-of-way donated to the County, by Grantors, 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 Grantors' property from proposed new property line. Grantors, or their 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 barb wire shall be used and stays between posts shall be wood in lieu of steel.(See Standard M-607-1 attached hereto as Exhibit C and incorporated herein by this reference.) 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 for 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. lerk of the Board of ounty Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF-rOUNTY COMMISSIONERS it hard %-. G4i3tafsfi/n, Chairman Address for givi`JA notices: P.O. Box 850 Eagle, Colorado 81631 [additional signatures on following page) N Eighty Eight Acres, A Colorado limit partnershi H d G. Dent , en ral Partner David L. Kunkel, General Partner Address for giving notices: Central Banf Glenwo rings (formerly wn as Th F st Nations Bank of Gle d Springs ) PresicYen 9ecr etUi'v Address for giving Notices: s STATE OF 0EtLDfr- ) County of Joan ) The 4oregoing was acknowledged before me this day of JuJAL 1987, by Harold G. Denton, Acres LTD as J General Partner of 88 WITNESS MY HAND AND OFFICIAL SEAL... My commission expires KIMBERLY V , ✓ , 5. Notary Publ' The foregoing was acknowledged before me this % day of Ji," , 1987, by David L. Kunkel, General Partner of 88 Acres LTD WITNESS MY HAND AND OFFICIAL SEAL. My commission expires E°,jy Commission exores August 25, 1 Notary Public The foregoing was acknowledged before me this57; day of CA , 1987, by F.^NeSj Gerbaz President and .&--SM©Md L• )'igrr;S Secretary of Central Bank of Glenwood (formely The First National Bank of Glenwood) WITNESS MY HAND AND OFFICIAL SEAL. 4 Notary Public C. CI C2 --..03043'29"E. EXJIB(T A 7.67' cu971:-r i nC 9 PRO; ERTY DESCRIPTION ROTATED NO.I OF TRACT 44 AND CORNER 00°00'26" CLOCKWISE NO. 2 OF TRACT 44 BASED ON FOUND CORNER m_s__;—;; M icKo,.vn Survcvin:; & Enginccringi IIIc. P. G. Sox 323 • 409 13rooks Lane • Eagle. Coto. 61631 9(3 3132 72C3 J EXHIBIT A SHEET 2 OF 2 A PARCEL OF LAND LOCATED WITHIN AND ALONG THE SOUTHERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN BOOK 301 AT PAGE 602 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 43, SECTION 4, TOWNSHIP 5 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORA00, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE OF TRACT 43 AND A PRIVATE PARCEL OF LAND KNOWN AS "88 ACRES LIMITED" FROM WHICH CORNER NO. 2 OF TRACT 44 AN EXISTING BRASS CAP BEARS S.89048'31"W. 540.82 FEET DISTANT WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF N.89 48'31"E. BETWEEN CORNER NO. 2 OF TRACT 44 AND CORNER NO. 1 OF TRACT 44 AN EXISTING 4.5INCH DIAMETER ALUMINUM CAP, THENCE ALONG SAID PRIVATE PARCEL THE FOLLOWING THREE COURSES: 1. 171.73 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 378.55 FEET, THE CHORD OF WHICH BEARS N.75030'39"W. 170.26 FEET DISTANT, 2. N.88030'25"W. 285.48 FEET, 3. 56.34 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1081.82 FEET, THE CHORD OF WHICH BEARS N.87000'54"W. 56.33 FEET DISTANT, THENCE DEPARTING SAID PRIVATE PARCEL'S SOUTHERLY BOUNDARY N.03043'29"E. 7.67 FEET, THENCE S.86016'31"E. 40.69 FEET, THENCE S.89031'50"E. 316.30 FEET, THENCE S.81051'04"E. 48.98 FEET, THENCE 167.66 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 556.00 FEET, THE CHORD OF WHICH BEARS 5.73 12'45"E. 167.02 FEET DISTANT TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF TRACT 43, THENCE ALONG SAID TRACT LINE 5.89048'31"W. 55.30 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.155 ACRES MORE OR LESS. MacICovvn Surveying & Engineering, Inc. P. O. Box 323 • 409 Brooks Lane • Eagle, Colo. 81631 9 (303) 328.7208 �����\1111t11ttJdt9JJJJ��,' \�{lAl r AND DATE: 26 MAY 87 87/016 0.155 Recorded at o'cl M., Reception No. Recorder, QUIT CLAIM DEED THIS DEED, Made this day of 19 87, between Eighty Eight Acres, LTD, a Colorado limited partnership of the *County of Eagle C 1 d d and State of o ora o, gramor(s), an The County of Eagle, State of Colorado, 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 / 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 CLAIM unto the grantee(s), its hefts, 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 0.155 acre parcel of land located within and along the Southerly boundary of a tract of land described in Boo x.301 at Page 602 of the Eagle County records, located in Tract 43, Section 4, Township 5 South, Range 84 West of the sixth principal meridian, County of Eagle, State of Colorado, said parcel 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) ha s executed this deed on the date set forth above. Eighty Eight Acres, LTD, a Colorado limited partnership Har De t G 1 rtner Davia L. Kunkel, General Partner STATE OF COLORADO, by County of Eagle The foregoing instrument was acknowledged before me this My commission expires *If in Denver, insert "City and." ,19 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 l YI�. aT �. L.D3043'25"E. EXHIBIT A CORNER NO.2 7.67 SHEET I OF 2 TRACT 44 S.86°16'31 E. 40.69 C) SCALE: I"=50' \ 4O0O s \ �° s EIGHTY—EIGHT ACRES, LTD. F PROPERTY OG � BOOK 301 PAGE 602 \ 2� � s \ 'o � o- s w� 0 v cp o F ALLEN TRACT C 2� Q � \ o S.81°51'04 E. 48.9, N n w i P.O. B. \ C.V. DELTA RADIUS C. 9. C. D. ARC S.89°48'31 "W. CI 02059'02" 1081.82' 5.87°00'C4"E. 5E.33' 56.34' 59.30' C2 25059'34" 378.55' fJ.75030'3"W. 170.26' 171.73' C3 17°I6'38" 556.00' S.73°i2'-i5"E. 167.02' 167.66' I \ SROERTY DESCRIPTION ROTATED 00°UO'26" CLOCKWIE BASED ON FOUND CORNER I NO.I OF TRACT 44 AND CORNER NO. 2 OF TRACT 44. ,MacKown Survevin:I & Enginecriiig, Inc. D R N: LM DATE: 216 MAY 87 P. & Box 323 • "09 Brooks Lane • Eagle, Colo. 61631 0 ("M11326.7203 87/010 0.1 5 °S EXHIBIT A SHEET 2 OF 2 A PARCEL OF LAND LOCATED WITHIN AND ALONG THE SOUTHERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN BOOK 301 AT PAGE 602 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 43, 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 FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE OF TRACT 43 AND A PRIVATE PARCEL OF LAND KNOWN AS "88 ACRES LIMITED" FROM WHICH CORNER NO. 2 OF TRACT 44 AN EXISTING BRASS CAP BEARS S.89048'31"W. 540.82 FEET DISTANTb WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF N.89 48'31"E. BETWEEN CORNER NO. 2 OF TRACT 44 AND CORNER NO. 1 OF TRACT 44 AN EXISTING 4.5INCH DIAMETER ALUMINUM CAP, THENCE ALONG SAID PRIVATE PARCEL THE FOLLOWING THREE COURSES: 1. 171.73 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 378.55 FEET, THE CHORD OF WHICH BEARS N.75030`39"W. 170.26 FEET DISTANT, 2. N.880 30'25"W. 285.48 FEET, 3. 56.34 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1081.82 FEET, THE CHORD OF WHICH BEARS N.87000'54"W. 56.33 FEET DISTANT, THENCE DEPARTING SAID PRIVATE PARCEL'S SOUTHERLY BOUNDARY N.03043'29"E. 7.67 FEET, THENCE S.86016'31"E. 40.69 FEET, THENCE S.89031'50"E. 316.30 FEET, THENCE S.81051'04"E. 48.98 FEET, THENCE 167.66 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 556.00 FEET, THE CHORD OF WHICH BEARS S.73012'45"E. 167.02 FEET DISTANT TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF TRACT 43, THENCE ALONG SAID TRACT LINE S.89048'31"W. 59.30 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.155 ACRES MORE OR LESS. �``�,U1111utRtlhl/t��ii i 12 6 zi . a •AND P • �cb���``` !/11111111111 MacKOw11 Surveying & Lnginccring, Inc. DATE: 26 MAY 87 P. O. Box 323 • 409 Brooks Lane • Eagle, Colo. 81631 (303) 328-7208 87/016 0.155 Recorded at _ Reception No. o'clo M., _ Recorder. QUIT CLAIM DEED THIS DEED, Made this day of 1987 , between Central Bank of Glenwood Springs (formerly known as The First National Bank of Glenwood Springs) 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 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 N01100 --------- ------------------------------------------------------------------------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 CLAIM unto the grantee(s), its heits, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha 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 0.155 acre parcel of land located within and along the Southerly boundary of a tract of land described in Book 301 at Page 602 of the Eagle County records, located in Tract 43, Section 4, Township 5 South, Range 84 West of the sixth principal meridian, County of Eagle, State of Colorado, said parcel 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) ha s executed this deed on the date set forth above. Central Bank of Glenwood Springs (formerly known as The First National Bank of Glenwood Springs) President ecretary STATE OF COLORADO, County of The foregoing instrument was acknowledged before me this by II ( I My commission expires *If in Denver, insert "City and." ,19 ss. day of Witness my hand and official seal. Notary Public ,19 No. 933. Rev. 3W. QUIT CLAIM DEED Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214 — (303) 233-6900 2-87 y,`Jf IN a t..]3043'29"E. EXHIBIT A 7.67 RHFFT I nP 9 PRO=ERTY NO. I OF DESCRIPTION ROTATED 00°00'26" CLOCKWI-SE TRACT 44 AND CORNER NO. 2 OF TRACT 44. BASED ON FOUND CORNER N/S=— \-LA(,I o -,\,ii Stirveyiil:, & I',nginecring, IIIc. P. O. Box 323 0 409 Brooks Lane 9 Eagle. Colo. 8 1631 4(3i13) 3-28-720,13 EXHIBIT A SHEET 2 OF 2 A PARCEL OF LAND LOCATED WITHIN AND ALONG THE SOUTHERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN BOOK 301 AT PAGE 602 OF THE EAGLE COUNTY RECORDS, LOCATED IN TRACT 43, 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 FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY LINE OF TRACT 43 AND A PRIVATE PARCEL OF LAND KNOWN AS "88 ACRES LIMITED" FROM WHICH CORNER NO. 2 OF TRACT 44 AN EXISTING BRASS CAP BEARS S.89048'31"W. 540.82 FEET DISTANTa WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF N.89 48'31"E. BETWEEN CORNER NO. 2 OF TRACT 44 AND CORNER NO. 1 OF TRACT 44 AN EXISTING 4.5INCH DIAMETER ALUMINUM CAP, THENCE ALONG SAID PRIVATE PARCEL THE FOLLOWING THREE COURSES: 1. 171.73 FEET ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 378.55 FEET, THE CHORD OF WHICH BEARS N.75030'39"W. 170.26 FEET DISTANT, 2. N.880 30'25"W. 285.48 FEET, 3. 56.34 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 1081.82 FEET, THE CHORD OF WHICH BEARS N.87000'54"W. 56.33 FEET DISTANT, THENCE DEPARTING SAID PRIVATE PARCEL'S SOUTHERLY BOUNDARY N.03043'29"E. 7.67 FEET, THENCE 5.86°16'31"E. 40.69 FEET, THENCE S.89031'50"E. 316.30 FEET, THENCE 5.81°51'04"E. 48.98 FEET, THENCE 167.66 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 556.00 FEET, THE CHORD OF WHICH BEARS 5.73°12'45"E. 167.02 FEET DISTANT TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF TRACT 43, THENCE ALONG SAID TRACT LINE S.89048'31"W. 55.30 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.155 ACRES MORE OR LESS. vs=- MacICowli Survc}'Itlh & Lnginccrilzfi, Inc. P. O. 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