HomeMy WebLinkAboutC85-034 Eagle Park East - Right of Way Deedi 1084 PACE r�-MNN.ETTE PHILLdPS .AGEE CTY. RECORDER J RIGHT -OP -WAY DEED MAY 07 THIS RIGHT-OF-WAY DEED dated this 15th day of May , -1985 , is from EAGLE PARR EAST, a General Partnership, hereiria.fter referred to as "Grantor", to the COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and politic, by and through its Board of County Commissioners, t� hereinafter referred to as "Grantee". WITNESS E T H: Grantor, for and in consideration of the sure of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has remised, released, sold, conveyed, and quit claimed, and by these presents do remise, release, sell, convey, and quit claim unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the following described lots or parcels of land, situate, lying and being in the Town of Eagle, County of Eagle, and State of Colorado, to wit: Parcels A and B. Eagle Park East, a resubdivision of Lots 7 and 8, Eagle Commercial Park, Towri of Eagle, Colorado, according to the Final Plat thereof recorded in Book 857 at Page 910 of the Eagle County, Colorado real property records, for the purpose and use as a rion-exclusive, perpetual right-of-way for the gerieral public. To have and to hold the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its successors and assigns forever. In consideration of this Right -of -Way Deed and the - conveyance herein of Parcels A and B, Eagle Park East, Grantor hereby acknowledges that the subject public right-of-way to be established by Grantee utilizing the said Parcels A and B shall when established, be dedicated or otherwise conveyed to the Town of Eagle, State of Colorado, hereinafter referred to as the "Town", 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 coriditiorLs 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. The parties hereto -agree the proper value of the real properties conveyed herein is $3.48 per square foot. Grantor is conveying Parcel A, Eagle Park East, consisting of 0.001 acre, and Parcel B, Eagle Park East, consisting of 0.026 acre, to the County of Eagle, State of Colorado, as Grantee, at no cost. The County of Eagle, as Grantee, acknowledges that the $3.48 per square foot is a charitable contribution by Grantor to Grantee in accordance with H 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 and year first above written. EAGLE PARK EAST, a General Partnership By: Vd6iQ.QQ/,( �. W Mag en C. Webert, Gerieral Par ner, and as Vice President of Madcap Investments, Inc., a Colorado Corporation, General STATE OF COLORADO ) Partner )ss: COUNTY OF EAGLE ) The foregoing instrument was sworn to and subscribed before me this 15th day of May , 198 5 , by Magaler, C. Webert, as General Partner of Eagle Park East, a General Partnership and as Vice President of Madcap Investments, Inc., a Colorado Corporation, General Partner. WITNESS my hand and official seal. My Commission Expires: March 21, 1988 - Ot y llbll Marthaolfe Add ess: Box 1221 Eagle, CO 81631 -2- Ix z�. r, L. The foregoing County of Eagle, State of , ATTESTS ,, i Bx : CT'erk of the Board f ounty Commissioners Right-of-Way of Colorado, 198s-. COUNTY By and BOARD m -3- Deed was accepted by the this _ZS—day OF EAGLE, STATE OF COLORADO Through its OF COUNTY COMMISSIONERS ~� tve S � ' j f ru Rl";TU':N TO: EAGLE COUNTY P 0. Box s" EAGLE, COLOMM 81631