HomeMy WebLinkAboutR95-112 - exchange of real property between County and Ernst LehmannCommissioner ~ ~ moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95-~
REGARDING
EXCHANGE OF REAL PROPERTY
WHEREAS, County and Ernst~Lehmann are exchanging certain real
properties located adjacent to the Eagle County Regional Airport,
Eagle County, Colorado, pursuant to a Contract to Exchange Real
Estate dated August 1995, a true copy of which is attached hereto;
and
WHEREAS, the title company engaged by Ernst Lehmann to insure
title of the property being acquired by the County has requested the
Board's statement whether such transaction creates one or more
subdivisions required to be reviewed under Eagle County Land Use
Regulations and state law; and
WHEREAS, any divisions of land created in the exchange
transaction between the County of Eagle, State of Colorado and Ernst
Lehmann are not within the meaning of "subdivision" by virtue of
§30-28-101, C.R.S.; and
WHEREAS, upon closing the transaction County wants to have
acquired title to that property identified on Exhibit C to the
Contract to Exchange Real Estate.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the divisions of land involved in the exchange
transaction between the County of Eagle, State of Colorado and Ernst
Lehmann pursuant to the Contract to Exchange Real Estate are not
required to go through any subdivision process under Eagle County
Land Use Regulations.
THAT, the property to be deeded by County to Lehmann, and
described in Exhibits A and B of the Contract to Exchange Real
Estate, shall be merged into the parcel(s) owned by Lehmann which
they now adjoin .
THAT, The Board of County Commissioners authorizes and ratifies
the action contemplated by the Contract between them and Ernst
Lehmann dated August 1995.
THAT, upon full performance of the Contract to Exchange Real
Estate, including formal closing of the exchange, County will accept
the deed for that property identified on Exhibit C to the Contract
to Exchange Real estate.
MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, State ~ Colorado, at its regular meeting
held the <<j'~_ day of 1995.
~~~ ~+~tg COUNTY OF EAGLE , STATE OF
~~ COLORADO, By and Through Its
ATTEST: ~ ~ BOARD OF COUNTY COMMISSIONERS
~ ~~ ~
ZNit~.p4
By•
Clerk to the and of s E. on, J .
County Commissioners airman
eorge Gates, ommissioner
ohnnette Phillips, Com issioner
Commissioner ~ seconded adoption of the foregoing
resolution. The roll aving been called, the vote was as follows:
Jr.
This Resolution passed by ~ "~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
Commissioner James E. Johnson,
Commissioner George A. Gates
Commissioner Johnnette Phillips
r\lehmann.res
POWER OF ATTORNEY
KI~TTOW ALL ME[~ BY TI~SE PRESENTS : That the County of Eagle, State of
Colorado, a body politic and corporate, reposing special trust and
confidence in James R. Fritze andjor Robert W. Loeffler and/or Mar~r Joan
Berenato of the County of Eagle, State of Colorado, has made, constituted
and appointed, and by these presents does make, constitute and appoint
the said James R. Fritze and/or Robert W. Loeffler and/or Mary Joan
Berenato the true and lawful attorney for the Count of Eagle; and in its
name, place and stead, for its sole use and benefit, to execute, make,
endorse, and accept any documents necessary to complete the real property
exchange transaction described in the Contract to Exchange Real Estate
between the Board of County Commissioners of the County of Eagle, State
of Colorado and Ernst Lehmann dated August 1995 with respect to the real
estate as described in Exhibits A, B and C attached hereto and
incorporated herein by reference.
Hereby giving. and granting tuzto James R. Fritze and/or Robert W.
Loeffler andjor Mary Joan Berenato said attorney, full power and
authority to do and perform all and every act and thing whatsoever
requisite and necessary to be done in and about the premises, as full to
all intents and purposes as the Board might or could cio if personally
present, with full power of substitution and revocation, hereby ratifying
and confirming all that its said attorney or his substitutes shall
lawfully do or cause to be done by virtue hereof.
IN WITNESS WHEREOF, the County of Eagle has caused its name to be
signed by its Chairman of the Board of County Commissioners, and its seal
to be affixed and attested by its Clerk, all being done in the Town of
Eagle, and State of Colorathis day of September, 1995.
.a. _
~o~ ~G COUNTY OF EAGLE, STATE OF
COLORADO, By and Through. Its
ATTEST : ~ '~ BC~RD OF `~ONA~lISS~
i ~
By:
Commissioners
P\lehmann.poa
