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HomeMy WebLinkAboutC19-094 Colorado Department of Transportation MOACOLORADO DEPARTMENT OF TRANSPORTATION Project Code (SA): 19212 Parcel No: PE-11 & PE-1J MEMORANDUM OF AGREEMENT Project No: SH00821-100 (Local Public Agency) Location: EI Jebel Road, Eagle County County: Eagle ____t State Highway No: 82 ,�^ 2a it This agreement made on (date) / ► IARC Z&M is between the EAGLE COUNTY, COLORADO (GRANTEE) for the purchase of the parcel(s) listed above from the Owner(s) CRAATORD PROPERTIES, LLC (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) Sq ft0.!acres❑ S Permanent and Slope Easements (described in attached exhibits 1,170 Sq.ft®/acres❑ $-DONATION- Temporary Easements (described in attached exhibits) Sq ft[:I/acres❑ $ Improvements SO Damages SO Gross Total S-DONA i ION Less CreditFS---DONATI-ON- Net Total Other conditions: 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 8183 2109 C 19-094 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 III 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 $-DONATION Order Warrant $ Real Estate Specialist U4�< VU d Local Public Agency Approval cc LPA (original) Property Owner CDOT Region ROW Office Page 2 of 2 Payable to: CRAWFORD PROPL'RTIHS. LLC Payable to: GRANTOR signature GRANTOR (if applicable) GRANTEE signature [ Editions prior to 2109 are obsolete and may not be used Attach form W-9 CDOT Form #783 2109 Project No SHO 0821-100 Project Code 19212 Location EI Jebel Road Eagle County Parcel No PE -11 & PE -1J REAL PROPERTY DONATION Property owners whose real property is needed for a transportation improvement project may donate all or any part of the property to Eagle County, Colorado, or may donate (waive receipt of) all or any portion of just compensation due the owner for the property required for the project Where the property owner wishes to use the donation for a tax deduction. the owner should seek advice from the Internal Revenue Service or a tax expert regarding the current rules for valuation It is the property owner's responsibility to ascertain the fair market value of the property for tax purposes. Eagle County will pay the reasonable cost of an appraisal for tax purposes if the value of the acquisition is estimated by Eagle County at $5,000 or more and an independent appraiser prepares the appraisal If the property is contaminated, the costs to clean up such contamination will not exceed the value of the property. Donation of the property is made voluntarily and with full knowledge of the right to receive just compensation. See the attached 'Exhibits" which are Incorporated herein The undersigned hereby releases Eagle County from obtaining an appraisal of the acquired property, waives the right to receive an appraisal other than an appraisal for tax purposes as described above, and waive the right to receive just compensation for the property The undersigned hereby agrees to execute the necessary conveyance instruments to transfer said property free and clear of all Dens and encumbrances /l,�-4 -1121Q- rawford Pr -or --ernes, LLC Date ACCEPTED FOR EAGLE COUNTY: bat EAGLE COUNTY REAL PROPERTY TO HE ACQUIRED Permanent Easement Number: PE- lI FROM Crawford Properties LLC 60 El Jebel Rd., Unit 105 El Jebel, CO 81623-8527 FOR Project Code: 19212 Project Number: SHO 0821-100 Location: Eagle County El Jebel Road EXHIBIT "A" PROJECT CODE: 19212 PROJECT NUMBER: SHO 0821-100 PERMANENT EASEMENT NUMBER: PE -1I DATE: MAY 7, 2018 LEGAL DESCRIPTION A Permanent Easement No. PE -1I of the Eagle County, State of Colorado, Project Code 19212, Project Number SHO 0821-100, containing 770 square feet (0.0177 acres), more or less, situated within Parcel A, Crawford Properties, LLC. Type A Minor Subdivision according to the Plat recorded as Reception No. 201512971 in the Eagle County records, also lying in Section 34, Township 7 South, Range 87 West of the 6`s Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Southeast Corner of Section 34, being monumented with a 2 %" General Land Office Survey Brass Cap, properly marked and dated 1924; Thence N83'2 1'52"W a distance of 1217.06 feet to a point on the existing El Jebel Road Right of Way, (ROW) as described in the Deed of Dedication recorded as Reception No. 846476, the TRUE POINT OF BEGINNING: 1. Thence S38°58'48"W a distance of 12.49 feet; 2. Thence 11.86 feet along a curve to the right with a radius of 32.00 feet, a central angle of 21°13'49", the chord of which bears S49°35'42"W a distance of 11.79 feet; 3. Thence 17.73 feet along a curve to the right with a radius of 104.00 feet, a central angle of 09°46'02", the chord of which bears S65°05'38"W a distance of 17.71 feet; 4. Thence 17.81 feet along a curve to the left with a radius of 12.00 feet, a central angle of 85°03'16", the chord of which bears S27°27'01 "W a distance of 16.22 feet; 5. Thence S 15°04'38"E a distance of 4.18 feet; 6. Thence S81°49'13"W a distance of 11.27 feet; 7. Thence N32°18'42"E a distance of 91.84 feet to a point on said El Jebel Road ROW; 8. Thence S01°18'35"W along said El Jebel Road ROW a distance of 20.00 feet; 9. Thence S01 ° 18'35"W along said El Jebel Road ROW a distance of 13.09 feet to the TRUE POINT OF BEGINNING: The above described Permanent Easement contains 770 square feet (0.0177 acres), more or less. The purpose of the above described Permanent Easement is for sidewalk, drainage, and maintenance. Basis of Bearings: All bearings are based on a bearing of S45°12'21"E a distance of 6947.20 feet between found Colorado Department of Highways State Highway 82 Control Monuments at Mile Post 18.6 and Mile Post 19.9. Legal Description Created By: Robert E. Brandeberry Colorado PLS # 38388 For, and on behalf of SGM and Eagle County EAGLE COUNTY REAL PROPERTY TO BE ACQUIRED Permanent Easement Number: PE -1J FROM Crawford Properties LLC 60 El Jebel Rd., Unit 105 El Jebel, CO 81623-8527 FOR Project Code: 19212 Project Number: SHO 0821-100 Location: Eagle County El Jebel Road EXHIBIT "A" PROJECT CODE: 19212 PROJECT NUMBER: SHO 0821-100 PERMANENT EASEMENT NUMBER: PE -1J DATE: MAY 7, 2018 LEGAL DESCRIPTION A Permanent Easement No. PE -1J of the Eagle County, State of Colorado, Project Code 19212, Project Number SHO 0821-100, containing 400 square feet (0.0092 acres), more or less, situated within Parcel A, Crawford Properties, LLC. Type A Minor Subdivision according to the Plat recorded as Reception No. 201512971 in the Eagle County records, also lying in Section 34, Township 7 South, Range 87 West of the 6`h Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Commencing at the Southeast Comer of Section 34, being monumented with a 2 '/:" General Land Office Survey Brass Cap, properly marked and dated 1924; Thence N76°40'59"W a distance of 1238.91 feet to a point on the existing El Jebel Road Right of Way, (ROW) as described in the Deed of Dedication recorded as Reception No. 846476, the TRUE POINT OF BEGINNING: 1. Thence N52° 19'35"W a distance of 7.65 feet; 2. Thence 19.18 feet along a curve to the right with a radius of 21.00 feet, a central angle of 52'19'35", the chord of which bears N26°09'48"W a distance of 18.52 feet; 3. Thence N00°00'00"E a distance of 12.63 feet to a point on the existing Gillespie Dr. 50 foot wide Public Easement as described in the document recorded as Reception No. 200609388; 4. Thence S89°03'31 "E along said Gillespie Dr. Public Easement a distance of 14.99 feet to a point on said El Jebel Road Right of Way; 5. Thence SO 1 ° 18'35"W along said El Jebel Road ROW a distance of 33.69 feet to the TRUE POINT OF BEGINNING: The above described Permanent Easement contains 400 square feet (0.0092 acres), more or less. The purpose of the above described Permanent Easement is for sidewalk, drainage, and maintenance. Basis of Bearings: All bearings are based on a bearing of S45°12'21"E a distance of 6947.20 feet between found Colorado Department of Highways State Highway 82 Control Monuments at Mile Post 18.6 and Mile Post 19.9. Legal Description Created By: Robert E. Brandeberryo�krjO -L Colorado PLS # 38388 0�':'•0R Noy For, and on behalf of SGM and Eagle County sd 38388 6/.L7/f8 ����NAL LANA