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Home My WebLink AboutC15-075 Bair Memorandum of Agreement 'Cs ORADO DEPARTMENT OF TRA ORTATION Project Code (SA): 1. Parcel No: RW-1 &DE-1 MEMORANDUM OF AGREEMENT Project No: SHO0821-097 (Local Public Agency) Location: Cedar Drive,Basalt,CO County: Eagle State Highway No: This agreement made on (date) is between the EAGLE COUNTY (GRANTEE) for the purchase of the parcel(s) listed above from the Owner(s) VIRGINIA G.BAIR AND LOWELL BAIR (GRANTOR). Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of any kind. Land (described in attached exhibits) 1349 Sq.ft®/acres❑ $710.70 Permanent and Slope Easements (described in attached 50 Sq.ft/.1/acres❑ $22.77 exhibits) Temporary Easements (described in attached exhibits) Sq.ft❑/acres❑ $0 Improvements $0 Damages $0 Gross Total $733.47 Less Credit $ Net Total., 8a4RD) pita . Other conditions: None 411, ,, 64.14 The GRANTOR: 1) Will, at the closing, pay all taxes (including prorated taxes for the current year) and special assessments for the current year; 2) Has entered into this agreement only because the GRANTEE has the power of eminent domain and requires the property for public purposes; 3) Be responsible for securing releases from all liens,judgments and encumbrances to_deliver clear, unencumbered title to GRANTEE. Any encumbrance required to be paid by GRANTOR shall be paid at or before closing from the proceeds of the transaction hereby contemplated or from any other source; 4) Will execute and deliver to GRANTEE those documents indicated below; 5) Excepts from the subject property described herein in the attached Exhibits, the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use, without payment of further compensation to the GRANTOR, any and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the GRANTOR; and 6) The GRANTOR further covenants and agrees that no exploration for, or development of any of the products, as described above, and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be binding upon the GRANTOR and its heirs, personal and legal representatives, successors and assigns forever. CDOT Form#783 2/09 SIG)-U5 • NOTE: At GRANTOR'S sole discretion, the GRANTOR may convey the underlying mineral estate owned by GRANTOR to the GRANTEE. GRANTEE makes no representations about the nature, title or value of the mineral estate. In transactions where GRANTOR conveys the underlying mineral estate to GRANTEE, Paragraphs 5 and 6, as set forth above, will be deleted from this Memorandum of Agreement and the conveyance document. ❑ GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 5 and 6 are hereby deleted from the Memorandum of Agreement and the conveyance document. The GRANTEE: 1) Will be entitled to specific performance of this agreement upon tender of the agreed consideration; 2) Will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law; 3) Will make payment after receiving acceptable conveyance instruments from the GRANTOR; 4) Will take possession and use of the parcel(s) when it deposits the consideration, as set forth above, into an escrow account for the benefit of the GRANTOR, or when GRANTEE disburses funds to GRANTOR. Transfer of title to the parcel(s) shall occur upon performance of any and all terms under this agreement, and release of the payment from escrow to the GRANTOR, unless other arrangements are made that follow Title Ill of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended; and 5) Will prepare the following documents: ❑ General Warranty Deed ❑ Utility Easement ❑ Access Deed ® Permanent Easement ❑ Full Release(s) Book/Page: ❑ Slope Easement ❑ Partial Release(s) Book/Page: ❑ Temporary Easement ❑ Or(specify) ❑ Title Company to prepare documents except Order Warrant $740.00 Payable to: VIRGINIA G.BAIR AND LOWELL BAIR Order Warrant $ Payable to: Real Estate Specialist GRANTOR signature Attach form W-9 1)// GRANTOR (ifiApplicable) dApt.1.4/ , Local Public Agency Approval GRANT signature ?ft Aktdittx cc:LPA(original) 1 Property Owner CDOT Region ROW Office CDOT Form#783 2/09 Editions prior to 2/09 are obsolete and may not be used Page 2 of 2 EXHIBIT"A" PROJECT CODE: 18265 PROJECT NUMBER:SHO 0821-097 PARCEL NUMBER:RW-1 DATE:APRIL 16,2014 LEGAL DESCRIPTION A parcel of land No. RW-1 of Eagle County,State of Colorado,Project Code 18265,Project Number SHO 0821-097,containing 1,349 square feet(0.0309 acres),more or less,situated entirely within Lot 1 of the Grant-Smith Type A Minor Subdivision,recorded as Reception No.600333 in the Eagle County Clerk and Recorders Office(E.C.C.R.O.),also lying,for reference,in Tract 49,Township 8 South,Range 86 West of the 6`h Principal Meridian,Eagle County,Colorado,said parcel of land being more particularly described as follows: Commencing at Angle Point No. 1 of Tract 47 being monumented with a 1926 G.L.O.Brass Cap,thence S 08°23'32"E,a distance of 836.88 feet to a point on the southerly line of the 40.00 foot access easement shown on said plat of Grant-Smith Type A Minor Subdivision,the TRUE POINT OF BEGINNING: 1. Thence 49.49 feet along the arc of a curve to the left,having a radius of 115.00 feet,a central angle of 24°39'20",the chord of which bears S 67°00'04"E a distance of 49.11 feet; 2. Thence S 79° 19'44"E a distance of 12.25 feet; 3. Thence 17.84 feet along the arc of a curve to the left,having a radius 268.47 feet,a central angle of 03°48'23",the chord of which bears S 81°13'55"E a distance of 17.83 feet; 4. Thence S 83°08'07"E a distance of 44.75 feet; 5. Thence 123.50 feet along the arc of a curve to the right,having a radius of 361.47 feet,a central angle of 19°34'33",the chord of which bears S 73°20'50"E a distance of 122.90 feet to a point on the southerly line of said 40'access easement; 6. Thence N 57°40'06"W along said easement line a distance of 42.79 feet; 7. Thence N 78° 13' 50"W along said easement line a distance of 205.19 feet to the TRUE POINT OF BEGINNING. The above described Parcel contains 1,349 square feet(0.0309 acres),more or less. Basis of Bearings:All bearings are based on a bearing of North 01°33'47"East a distance of 5386.54 feet between Angle Point No.4 and Angle Point No.1 of Tract 49,Township 8 South Range 86 West,both being 1926 G.L.O.Brass Caps. For and on Behalf of SGM Inc. 0 ,00 L and Eagle County :p� '�s •�ti : a•., Robert E. Brandeberry,PLS 38388 '',gyp. 4 118 Sixth Street,Suite 200 = so 38388 A: ..�_ Glenwood Springs,CO 81601 o,;1/2 2/15 r>° Oy 'Q S AI LAN EXHIBIT"A" PROJECT CODE: 18265 PROJECT NUMBER:SHO 0821-097 PERMANENT EASEMENT NUMBER: DE-1 DATE: MARCH 5,2014 LEGAL DESCRIPTION A Permanent Easement No. DE-I of Eagle County,State of Colorado,Project Code 18265, Project Number SHO 0821-097,containing 50 square feet(0.0011 acres),more or less,situated entirely within Lot 1 of the Grant-Smith Type A Minor Subdivision recorded as Reception No.600333 in the Eagle County Clerk and Recorders Office(E.C.C.R.O.),also lying,for reference,in Tract 49,Township 8 South,Range 86 West of the 6th Principal Meridian,Eagle County,Colorado,said permanent easement being more particularly described as follows: Commencing at Angle Point No. 1 of Tract 47 being monumented by a 1926 G.L.O.Brass Cap; Thence S 00°21' 12"E,a distance of 607.39 feet to a point on the southerly line of the 40 foot access easement shown on said plat of Grant-Smith Type A Minor Subdivision,the TRUE POINT OF BEGINNING: 1. Thence S 62°15'29"W a distance of 5.00 feet; 2. Thence S 27°44'31"E a distance of 10.00 feet; 3. Thence N 62° 15'29"E,a distance of 5.00 feet to a point on the southerly line of said 40'access easement; 4. Thence N 27°44'31"W along said easement line a distance of 10.00 feet to the TRUE POINT OF BEGINNING. The above described Parcel contains 50 square feet(0.0011 acres),more or less. The purpose of the above described Permanent Easement is for the construction and maintenance of a culvert. Basis of Bearings:All bearings are based on a bearing of North 01°33'47"East a distance of 5386.54 feet between Angle Point No.4 and Angle Point No.1 of tract 49,Township 8 South Range 86 West,both being 1926 G.L.O.Brass Caps. o ,00 L For and on Behalf of SGM Inc. ■ : BRA••'• and Eagle County e Robert E.Brandeberry,PLS 38388 = .. o 3388 118 Sixth Street,Suite 200 o,td4/10/14: Glenwood Springs,CO 81601 FJ'•' •,••••.•• om; *41 LAO / / \ / \ N •/ / / \ / k \` it. \. // \ \ \ LOC J..°*' d W o %m/ // o N m// \\ \. 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