HomeMy WebLinkAboutC04-328 Heritage Building and Development, Inc.3~~~
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DEDICATION OF RIGHT-OF-WAY
THIS DEDICATION OF RIGHT-OF-WAY, made this d S~day of October, 2004,
between Heritage Building & Development, Inc. (hereinafter referred to as the "Owner"),
whose street address is P.O. Box 760, Vail, Colorado 81658 and Board of County
Commissioners of Eagle County (hereinafter referred to as the "County"), whose address
is P.O. Box 850, Eagle, Colorado 81631.
WITNESSETH:
1. That for and in consideration of the covenants and agreements herein set forth,
the sum of ONE DOLLAR ($1.00), and other good and valuable consideration in hand
paid by the County to owner, the receipt and adequacy of which is hereby acknowledged,
the Owner hereby grants and dedicates to the County, its successors and assigns, a fifty
(50) foot right-of-way, to install operate, maintain, repair, reconstruct, replace, inspect
and remove, at any time and from time to time, public roadway improvements and
maintain, including all underground and surface appurtenances thereto, and to improve
and maintain a suitable slope or grade, across those certain lands which are situate in the
County of Eagle, State of Colorado, being described more fully on Exhibit "A" attached
hereto and by this reference made a part hereof. This Dedication of Right-of-Way is
intended as a dedication for the benefit of the public pursuant to § 43-2-201(1)(a), C.R.S.,
in perpetuity.
2. In addition thereto, Owner grants to the County, for the benefit of any public
or private utility, the right to use the land described in Exhibit "A" for water, sewer and
gas pipes, telephone and power lines and poles and conduits for any public or private
utility.
3. Owner warrants that he has full and lawful authority to make the grant
hereinabove contained and promises and agrees to defend the County in the exercise of
its rights hereunder against all claims of all persons, subject to covenants and easements
of record.
4. All of the covenants herein contained shall be binding upon and inure to the
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benefit of the parties hereto, their respective heirs, personal representatives, successors
and assigns.
IN WITNESS WHEREOF, the undersigned has set his hand hereto on the day and
year first above written.
HERITAGE BUII.DING & DEVELOPMENT, INC.,
lorado corporation
~'t'°~, lam, .,
Jim Guida, President
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ~S?day of October,
2004, by Jim Guida as President of Heritage Building & Development, Inc jorad
corporation. ~,~.p~! ~ PF~q
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Witness my hand and official seal. 'g ~
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My commission expires: ~k~v~ ' ~ ~0 0~ -;~, ~ ~ ~ ~ l ~, a,°
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ACCEPTANCE ~6~~~~0~ :~i~.i~?~~
The Board of County Commissioners of Eagle County hereby accepts the above
dedication of property as a dedication for the benefit of the public pursuant Colorado
Revised Statute 43-2-201(1)(a).
+-
Dated this .~ day of October, 2004.
County of Eagle, State of Colorado
by and through its Board of County
i -- °- "`~ ~~ Commissioners
S ''~i
y, ~.
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By: ~- By:
Tea J. Sim To C. Stone, Chairman
Clerk to the Board of
County Commissioner
•
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EXHIBIT "A"
Tract B
THE HOMESTEAD -FILING NO. 1
According to the Amended Final Plat recorded September
16, 1981 in Book 329 at Page 16 at Reception No. 225376,
County of Eagle, State of Colorado
also known by street and number as: 42 Allen Cir.,
Edwards, CO
assessor's schedule or parcel number: 210505302013
