HomeMy WebLinkAbout5- Settlement Statement The Green Corp./Haley & Co.STATEMENT OF SETTLEMENT
Buyer: County of Eagle Sellers; The Green Corporation
Haley and Company
Closing Date: July 6, 1983, 1:30 P.M.
Legal Description: Pts of Tracts 69 and 70 Sec 33, Twn 4 S, R 8 W
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THE GREEN CORPORATION AND HALEY AND COMPANY
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Debit Credit
Sales price $241367468
Charitable contribution by $24,067468
The Green Corporati.on and
Haley and Company
Title Insurance Premium:
Owner's Title Policy NC
(paid by purchaser)
Recording fees:
Right of way Deed (".exempt) NC
Taxes:
All outstanding taxes and NC
taxes assessed for 1983 to
be paid by s-eller when due
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Subtotals $24-r367,68 $241367468
Amount due to sellers
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Totals
Transamerica Title Insurance CO
#4106814
$24,367.68 $24,367.68
County of Eagle
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The Green Corporation
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Haley and Company
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S`? -. =CW OF SPMUU' T �
Buyer: County of Eagle
Closing Date: July 6, 1983, 1;30 P.M.
Sellers: The Green Corgi ration
F?aley and Ccrpany
Legal Description: Pts of Tracts 69 and 70, Sec 33, Tim 4 S, R 84 V:
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COUNTY OF a body corporate & Iaol.itic
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Debit Credit
Sales Price $24,367.68
Charitable contribution by $24,367.68
The Green Corporation and
Haley and Carpany
Title Insurance Premium:
Owner's Title Policy 177.00
(based. on contribution)
Colorado Form 100.30 25.00
Recording fees:
Wa.rrant-y Deed. (exenp.t) NC
(xv.th right-of—way language)
Two es:
All outstand ?in.g taxes and ITC
taxes assessed. for 1983 to
be paid by seller vA-ien due
Closing fee:
Transarierica Title Insurance
Subtotals
15.00
$24,584.68 $24,367.68
Anount due by buyer 217.00
Totals $24,584.68 524,584.68
(7 - L /Zuz // dk —
Transamerica Title Insurance Cmpany
Escrow Agent
04106814
The Green Corporation
Paley C n jany°
County of L'agle
RIGHT -OF -WAY DEED
JUL, 4 45F_M__'_03
THIS RIGHT -OF -WAY DEED dated this / day of
May, 1983, is from THE GREEN CORP., a Colorado corporation,
and HALEY & CO., a Colorado general partnership, hereinafter
collectively referred to as "Grantor," to the COUNTY OF
EAGLE, STATE OF COLORADO, a body corporate and politic, by
UAN NL-e
$10.00 and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, does hereby
grant and convey to Grantee, its successors and assigns, the
real property described in Exhibit A attached hereto and
incorporated herein by this reference, hereinafter referred
to as "Parcel B," for the purpose and use as a non - exclusive,
perpetual right -of -way for the general public and as an
ingress and egress to adjacent properties, together with all
the estate, right, title, interest, claim and demand
whatsoever of the Grantor, either in law or equity, of, in
and to Parcel B, with all and singular the hereditaments and
appurtenances thereto belonging.
Grantor warrants and covenants to the Grantee, its
successors and assigns, that at the time of the ensealing and
delivery of this Right -of -Way Deed, the Grantor is well
seized of the real property above conveyed, in fee simple,
and has good right, full power and authority to grant and
convey the same in manner and form as aforesaid, and that the
same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments and encumbrances
of whatever kind or nature soever, except the general taxes
for 1983 due and payable January 1, 1984; and the above
conveyed real property in the quiet and peaceable possession
of the Grantee, its assigns and successors, against all and
every person or persons lawfully claiming or to claim the
whole or any part thereof, the Grantor shall and will warrant
and forever defend.
In consideration of this Right -of -Way Deed and the
conveyance herein of Parcel B, Grantee agrees to forthwith
establish a right -of -way approximately sixty feet in width
commencing from the eastern boundary of Chambers Avenue
located in the Town of Eagle, State of Colorado, and
continuing in an easterly direction to at least the eastern
boundary of Parcel B, and to dedicate or otherwise convey the
same to the Town of Eagle, State of Colorado, hereinafter
referred to as the "Town," on or before September 15, 1983,
for the purpose and use as a public road; subject, however,
to the Town's formal acceptance of the said right -of -way
without the imposition of unreasonable conditions thereon.
Such conveyance and /or dedication by the Grantee to the Town
shall be at no additional cost to the Grantor. The term
"public road," as used herein, includes standard easements
for utilities, including cable television, within the
right -of -way, in the manner commonly required by the
subdivision regulations of the Town now in force.
Grantee further agrees to construct within the
subject right -of -way referred to in the paragraph next above
a road 24 feet in width with 6 foot shoulders on each side
and a pavement thickness of 3 inches, and to provide for the
installation and /or extension of necessary utilities therein;
subject, however, to the Grantee's construction of a County
Justice Center on real property immediately adjacent to the
northern boundary of the said right -of -way. The
aforementioned road construction and installation /extension
of utilities shall be at no additional cost to the Grantor,
and the Grantor shall be entitled to hook on to such utility
2
lines or other facilities located within the subject
right -of -way upon payment of the usual tapping charges
imposed upon other users of such utility lines or other
facilities.
The parties hereto agree that the proper value of
the real property conveyed herein is $1.92 per square foot,
as outlined in the appraisal performed by John Peeples on
March 9, 1983. The Green Corp. and Haley & Co. are
conveying the entire parcel of 12691.5 square feet to the
County of Eagle, State of Colorado at no cost. The County of
Eagle acknowledges that the $1.92 per square foot is a
charitable contribution by The Green Corp. and Haley & Co. to
the County of Eagle in accordance with Section 170 and 1011
of the Internal Revenue Code.
This right -of -way and the agreements contained
herein are binding on and for the benefit of the parties
hereto and their respective successors and assigns.
EXECUTED as of the date first above written.
HALEY & CO. C= 0 IL � V57\' N °='
a Colorado G �'
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By:
Title: 1Z
Address:
3
EXHIBIT A
LEGAL DESCRIPTION
PARCEL B
0-
A parcel located in Tract 70, Section 33, Township 4 South, Range S4 West
of the Sixth Principal Meridian, Eagle County, Colorado according to the
Independent Resurvey of said Township and Range as approved on June 20, 1922;
said parcel being more particularly described, with all bearings contained
herein based on a bearing of N.00 °33100 "W. between the Town of Eagle Street
Monuments at Fifth and Broadway and Second and Broadway, as follows:
Beginning at a point on the Easterly Right -of -Way Boundary of Sawatch
Road from which the Witness Corner for Corner No. 4 of said Tract 7G bears
N.00 001'02 "W. 500.75 feet distant; thence along the Northerly Boundary of a
parcel of land recorded in Book 308 at Page 51 of the Eagle County Records,
N.59 024'01 "E. 414.24 feet to the Northwesterly Boundary of a parcel of land
recorded in Book 268 at Page 466 of the Eagle County Records; thence along the
Westerly boundary of said parcel S.30 °35'59 "E. 30.07 feet; thence S.63 120'48 "W.
1.04 feet; thence 5.59 °24'01 "W. 430.83 feet to a point on the Easterly
Right -of -Way Boundary of Sawatch Road; thence along said Boundary N.00 010'18 "W.
34.79 feet to the point of beginning.
Said Parcel B contains 12691.5 square feet or 0.291 of an acre, more or
less.
JK/83/045-
STATE OF COLORADO )
ss.
County of Eagle )
The foreg^�-i-ng instrument was sworn to a red
before me this 19:` day of ay, 1983, by
,,� 9 for Th e Green Corp.
s
r 4ry
4
�Q
My commission expires
STATE OF COLORADO )
.Je �, ) s s .
County of )
I
Notary Public/ (/
Address: Biro I Johnson
Fl. n. Box nom_
Avon, CO 81620
My Commhft exp1m Apol 26, 1987
The foregoing instrument was sworn to and subscribed
before me this day of May, 1983, by & &J.
for Haley & Co.
w> P
Notary Public
Address: -
429 2!2`
My commission expires
ACCEPTED this
�ce _
Cle' —rk. "bo'' zth Board' of
County` Commissioners
Ste' day of ;; 1983.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF E4GbE, STATE OF COLORADO
By: j ` G
David E. Mott, Chairman
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