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HomeMy WebLinkAboutC02-202 Donovan Bridge Property Contracta t L; U (C, — v UCi I c, Jul -10 -2062 11:0412 Flo^ -EiCIE COUNTY ATTORHY OFFICE 0703203040 T -EIS P,002110d F -75E I AG RF.14iF.V The patties this Agreement, entered into this (� day of . u I , 2002 ace Ea le County, State of COI. do, a body corporate and politic, actin g County Commission' ' and John Rand Diana Oun "C gby' and. gh its Board of ( � Dn, Aemestake Circle, V;�r7, Colorado 81657. onova ("the DOnovams'); 1514 The Cemeti Bridge over the ):ag A in Edwards has been idani£ed as the worst bridge 1 ° E40 County as it is a functionally obsolete structure. After consideng different ahetnative sites for the new bridge through a series of public meetings, Lon�s suggest and Associates, who were engaged by Eagle County alternative loe�Vtiom ed two The County hak selected an aligam ent which crosses through the westem portion of the undeveloped, taiplatted Donovan property. This property which is owned by the Do Covens (thq� Bridge Property') and the remainder is identified on Exhibit "A; ' attached heretdl and incorporated herein. i The Donovan ave committed to donating the Bridge Property to the County. The property is ae4rary for the construction for Cemetery Road Bridge and is estimated to include the pro arty as identified on the attached UAit "A." Both part es ag ee that the legal description and exact dimensions of the Bridge Property will be determi ed aftor the final design of the and ri bridge completed. g ght ofwayhave been The intention o the County is to begin bridge construction in early, 2003 which requires that rha County "" �I� ward bridge design contract, initiate Location and Extent hearing, file application witY PUC to make railroad crossing public, apply to CDOT for state highway access permit aFId Complete final design plans and specs. These preconstri req ' ction activities uire the consent of the Donovan and a commitment that the donatiTf the Bridge Property witl occur by September 2, 2002. J Page -2- �0 'd 'ON YH3 111H 0 1;11 301,E ZO- 91 -111f Jul- I9 -E032 l I:OAaa Fr9m-EAUiE .U(R71Y ATTORNEY OFFICE 9709299599 T -515 P 003/304 F754 T n 'NEREFORE, THE PARTIES AGREE AS FOLLOWS: P 1. The Dow vatIs grant the County authority to act on their behalf for the Location and EXtent An IM.t;— 2. The Donovan grant authority to the County to enter neon the land for the pur sec completing fi al dasign, plans and specifications and take all other actions necessary to begin the brie a construction in early, 2003. 3, The Donov commit to completing their donation of the real property to the County Prior to Septr. bar 2, 2002 at a closing date mutually ageeable to both parties. 4. The County d the Donovan agree that two access points to the Donovan property from Highway 6 w be allowed one serving the Bridge Property and �l the second serving the remairdngpro� ertytro medbytheDouovansandlocatedcutoftheBridgePropeny (the "Remaining Vonovan Property'). Each such access point will be located as depicted on Exhibit "A.* lThe fast access point, which will serve the Donovan property from State Highway 6, w 11 be located at approximately milepost 167.43. The second access which will be signali :ad and serve the new CometeryBridge, will be located at a mil ost 167:;3. The final det pproxi ants w � ermi9[ ationof thoexae [loemieno£thexaeeosspointsill bo made by th Colorado Department of Transportation when it reviews and approves the State Mghw Access Permit for the subject parcels. S. The Donovan have contracted to sell the remaining Donovan property to a real estate der. lope:. The Donovans and the contract purchazer, have agreed to r emove the Bridge Pro any from the transaction and the eeotract purchaser intends to cc plete the purchase o the remainder with closing anticipated in mid August, 2002. m Executed th�l�yg�y�,� , 2002. (J /__T BAG C BOARD OF COUNTY CO. By. Mich hairman �AT'TBST: •ou -CLCZ� pF OGLE C I �y Clerk to the Board of ounty H Commissioners n_ n Prase •2- £0 'd ON '1, 4!14 II:ll 3n1 ZO- 91 -7fif r :ul -I6 -2602 1:642n FramE4GiE COUM ATTOREEP OFFICE 9703266609 T -Si5 P 004 /04 F -754 Diana Donovan STATE OF COLO O } COTy OF EA ) ss, U C> The foxegoiinstzumen; was aeknowledged before me this u 1 20D2, by Di ana g o ' an, day of Witness my to ind and seat, (� My commis 6 expires: e Notary Public STATE OF Q COUNTY OF t The fowl 2002, by John F. Witness L My coma jksbFftWnMdM. m } ss. My Commission Expires 01/14/2004 acknowledged beforo ne this ieday oi`11 d and seat, expires: �'•.A 0 �OF CO� My Commission Expires 01/14/2004 50 'd 9 Page .3- 'OF" k8S li0 11: 11 Sill ZO-9 I-IrIf �Lr . .....,, — •y NyT � -* 4 :)O