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Commissioner Wei1&4 moved adoption MAR 25 3 84 PH '85
of the following Resolution•
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 85 -06
RESOLUTION AUTHORIZING THE EXECUTION OF
A CONTRACT TO EXCHANGE. LAND & DEED AND
ALSO AUTHORIZING JAMES R. FRITZE TO ACT
AS ATTORNEY -IN -FACT FOR THE BOARD OF
COUNTY COMMISSIONERS OF THE COUNTY OF
EAGLE, STATE OF COLORADO
WHEREAS, the Board of County Commissioners of the
County of Eagle, State of Colorado (hereinafter referred to as
the "Board "), is desirous of entering into a contract for the
exchange of land between the County of Eagle and I.H. DeLatte,
a copy of which is attached hereto and made a part hereof by
reference thereto; and
WHEREAS, by entering into such contract, the Board
would obtain the property described in Exhibit A of said
contract which is required to allow construction of the planned
new runway at the Eagle County Airport; and
WHEREAS, Parcel B described in said contract is not
required at the present time for any County purpose; and
WHEREAS, the Board is empowered by the Colorado
Revised Statutes, §§ 41 -4 -104, 30- 11- 101(c), and 30 -11 -107,
C.R.S., to enter into such an exchange of land and contract.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, that
the Chairman Pro -Tem of the Board of County Commissioners is
authorized to execute on behalf of the Board the contract to
exchange land herein referred to; and
BE IT RESOLVED that the Board of County Commissioners
shall execute a deed of that property described in Exhibit B of
said contract, for the purposes described in said contract, and
James R. Fritze, Assistant County Attorney, is
deliver said deed to I.H. DeLatte or his agent
conditions of the contract be complied with an
receive a deed from I.H. DeLatte to the County
described in Exhibit A to said contract in the
as provided in said contract; and
authorized to
should the
i should he
for the property
form and manner
BE IT FURTHER RESOLVED that ,Tames R. Fritze,
Assistant County Attorney; is granted power of attorney to act
as attorney -in -fact on behalf of the County of Eagle, State of
Colorado, and its Board of County Commissioners; with regard to
any and all other actions that may be necessary to accomplish
the requirements of said contract, including any actions that
may be required at the closing of said contract and the
execution of any documents that are reasonably contemplated or
necessary to accomplish the purposes of the Contract to
Exchange Land between the County of Eagle and I.H. DeLatte.
The County of Eagle does hereby ratify and confirm all that the
said attorney shall lawfully do or cause to be done by virtue
hereof.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at its
regular meeting held the day of 1�7' re-4
1985.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATT
S7 - BOARD OF COUNTY COMMISSIONERS
IT
By ✓ B
erk o the Board o
County Commissioners
Donal H.- Welch, Commissioner
-2-
Commissioner. 6- U S 7A j -54/J seconded adoption
of the foregoing resolution. The .roll having been called. the
vote was as follows:
Commissioner David E. Mott Absent
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch
This Resolution passed by & 0 vote of the Board of
County Commissioners of the County of. Eagle, State of Colorado.
STATE OF COLORADO 1
)ss-
COUNTY OF EAGLE 1
The foregoing Resolution, containing grant of a power
of attorney, was acknowledged before me this 25th day of March,
1985, by Richard L. Gustafson, and Donald H. Welch and attested
to by Johnnette Phillips as Clerk to the Board.
WITNESS my hand and official seal.
My Commission Expires:` /i4�—
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r
CONTRACT TO EXCHANGE REAL ESTATE
(With Valuations)
THIS AGREEMENT made and entered into this " day
of March, 1985, by and between I.H. DeLATTE whose address is
143 Ridgeway Drive, Lafayette, Louisiana, 70503, hereinafter
referred to as "DeLatte ", and the COUNTY OF EAGLE, STATE OF
COLORADO, acting by and through its BOARD OF COUNTY
COMMISSIONERS, whose address is 550 Broadway, Eagle, Colorado,
81631, hereinafter referred to as the "County ".
W I T N E S S E T H:
1. DeLatte agrees to convey to the County the
following described real estate, situate in the County of
Eagle, State of Colorado, to wit:
See Exhibit "A" attached hereto and made a part
hereof by this reference
with all easements and rights of way appurtenant thereto, all
improvements thereon and all fixtures of a permanent nature, by
good and sufficient general warranty deed. Said real property,
for the purpose of this Contract, has a gross valuation of
$6,253.13. Said property will be conveyed free and clear of
all encumbrances.
2. The County agrees to convey to DeLatte the
following described real estate, situate in the County of
Eagle, State of Colorado, to wit:
See Exhibit "B" attached hereto and made a part
hereof by this reference
by good and sufficient general warranty deed. Said real
property, for the purpose of this Contract, has a gross
valuation of $6,253.13. Said real property will be conveyed
free and clear of all encumbrances.
3. The difference between the values of $6,253.13
and $6,253.13, considering the easement to be granted to
DeLatte by the County described in paragraph 12(j), shall be
deemed for the purposes of this agreement to be $0.00.
4. Title shall be merchantable to the respective
parties hereto. Each party agrees to furnish to the other
party on or before March 18, 1985, a current commitment for
title insurance policy. Both parties will deliver the
appropriate title insurance policy to the other party after
closing and the County shall pay the premiums thereon. Except
as stated in paragraphs 1, 2 and 6, if title is not
merchantable and written notice of defect is given by either
party to the other party within the time herein provided for
delivery of deed and shall not be rendered merchantable within
30 days after written notice, then this Contract, at the option
of the party giving such notice, shall be void and of no effect
and each party hereto shall be released from all obligations
hereunder; provided, however, that in lieu of correcting said
defects, the party receiving such notice may, within the said
thirty (30) days, obtain a commitment for owner's title
insurance policy in the amount of the purchase price reflecting
title insurance protection in regard to such defect(s), and -the
party giving such notice shall have the option of accepting the
then existing insured title in lieu of such merchantable
title.
DeLatte shall furnish to the County a copy of the
title insurance policy he obtained when he purchased the land,
of which the parcel described in Exhibit A is a part.
5. General taxes for the year of closing shall be
apportioned to dates of delivery of deeds based on the most
recent levy and the most recent assessment.
6. Each party agrees to execute and deliver his deed
to the other party on March 25, 1985, or, by mutual agreement,
at an earlier date, conveying his property free and clear of
all taxes (including special improvements now installed,
whether assessed or not unless specifically hereinafter
excepted), except general taxes for the year of closing which
said other party assumes and agrees to pay subject to the
adjustment herein provided for. The property of each party
shall be subject to building and zoning regulations pertaining
thereto and shall be subject to any tenancies hereinafter set
forth and shall be free and clear of all liens and encumbrances
except those hereinabove described, and except:
-2-
As to the property described in Exhibit "A ":
Patent reservations of record and recorded and /or
apparent easements for electric power, telephone, and
water as well as an undivided one -half interest in
and to all oil, gas and other minerals without
limitation, as reserved to Grace Olesen in Book 166
at Page 33.
As to the property described in Exhibit "B"
Patent reservations of record and recorded and /or
apparent easements for electric power, telephone, and
water as well as an undivided one -half interest in
and to all oil, gas and other minerals without
limitation, as reserved to Grace Olesen in Book 166
at Page 33.
7. The exchange of deeds for the real property
described in paragraphs 1 and 2 shall take place at 11:30 A.M.
on Thursday, March 29, 1985, or such other time as may be
agreed to by the parties in writing. The closing shall be held
at the office of the Eagle County Attorney, 550 Broadway,
Eagle, Colorado, or at such other place as the parties may
mutually agree.
8. Possession of the premises shall be delivered to
each purchaser concurrently with the transfer of title.
The property described in Exhibit A shall be subject to the
following leases or tenancies:
t`C*=
and the property described in Exhibit B shall be subject to the
following leases and tenancies:
None
9. Both parties have examined the properties and
accept the same in the present condition. Neither party is
relying on representations of the other party or real estate
broker or agent, as to zoning other than as specifically set
forth herein.
-3-
._1
10. Time is of the essence herein, and if any
payment or other condition hereof is not made, tendered or
performed by either of the parties hereto as herein
provided,then this Contract, at the option of the party who is
not in default may be terminated. In the event of such
termination, any payments made by the non - defaulting party
shall be returned to said party, and the non - defaulting party
may recover such additional damages as may be proper. In the
event, however, the non - defaulting party elects to treat this
Contract as being in full force and effect, the non - defaulting
party shall have the right to an action for specific
performance and damages.
11. This Contract shall be binding upon and shall
inure to the benefit of the parties hereto, their heirs,
successors and assigns.
12. Additional Provisions.
(a) As additional consideration for DeLatte entering
into this agreement, the County hereby warrants and represents,
with the understanding that DeLatte is relying upon these
warranties and representations in entering into this Contract,
as follows:
(i) The County agrees to obtain gravel for its
airport expansion through an open public competitive
bidding process (it is understood that the acquisition of
gravel may and probably will be a part of a construction
contract and the recipient of said contract will be able
to determine the source of his gravel).
It is further understood by the parties that the
County reserves the right to use its own gravel resources
as it deems appropriate, including use for airport
expansion; but the County further agrees that during the
calendar years 1985 and 1986, the only gravel it will use
for airport runway expansion will be obtained as described
in the above paragraph or if County owned gravel is used
for airport expansion purposes during that period (1985 -
1986), only those gravel resources located on Eagle County
Airport Property (Airport Parcels 1 through 16 as
identified in Exhibit "A" to accompany AIP Project No.
3 -08- 0020 -04) will be used. In 1987 and thereafter, the
County will be free to use any of its gravel resources
S=
s
regardless of location at the airport and such shall not
be considered a breach of this contract, as lone as all
(ii) The County agrees to cooperate with DeLatte in
modification of the existing special use permit for his
gravel pit so as to remove that area inadvertently
included but located on the County property due to a
surveyor's error.
(iii) The County agrees to take no action to unfairly
restrict operation of DeLatte's gravel permit by unfair or
unjust application of County regulations. This paragraph
is not to be construed so as to prevent the County from
just, fair application of its land use regulations or
other regulatory powers, for the County has no power to
contract away its proper regulatory powers.
(b) Each party shall deliver with the commitment -
described in paragraph 4 (the "Commitment", copies of all
exceptions and other matters of record which are referenced in
said Commitment. The Commitments shall agree to delete all
standard exceptions and to provide such endorsements as are
reasonably requested by the other party. It is acknowledged
and understood that any title insurance required by the County
on the Property described in Exhibit A shall be furnished at
the County's sole cost and expense. The title policy delivered
to each party for the property described in Exhibit B shall be
in the amount of $10,000.00 on and ALTA owner's policy, Form B,
1970 Edition.
(c) The County shall deliver to DeLatte at or prior
to the closing the following files and records of the County
pertaining to the property described in Exhibit B, including,
but not limited to, all land and improvement surveys, studies,
reports, plans, and other matters that are not the proprietary
property of a third party. The County shall not be required to
deliver those files which are matters of public record.
(d) It is acknowledged and agreed by the County that
the properties described in Exhibits A and B have not been
subdivided and have never been conveyed as a separate parcel
prior to this transaction. The County agrees to make
application for recognition by duly adopted resolution that the
division of land contemplated by this Contract for parcels
described in Exhibit A, Exhibit B, and Exhibit C, and the
parcels shall not be treated as "subdivision" or "subdivided
-5-
-such gravel is obtained in accordance -.,it -n the first paragraph
of this section. 1 : (a) (i) .
land" as that ter
Eagle County Land
Contract shall be
resolution.
By this
for exemption for
n is defined in §30 -28 -101, C.R.S. or the
Use Regulations. The closing of this
subject to the County having obtained such a
Contract, the County is authorized to apply
the subject real parcels owned by DeLatte.
The County agrees to indemnify and hold DeLatte
harmless from any and all damages, loss, claim or expense
arising out of any claim of improper subdivision or violation
of §30 -28 -101, et seq., C.R.S.
(e) Each party hereto warrants and represents that
neither party has incurred any liability for the payment of any
brokerage fee or commission in connection with the transaction
contemplated herein. If either of the parties shall breach the
foregoing warranty and representation, it shall indemnify the
other party and hold the other party harmless from and against
any damage, liability, loss, claim, or expense suffered by the
other party as a result of such breach.
(f) At the closing, the following shall occur:
(i) DeLatte shall execute a general warranty deed to
the County for the property described in Exhibit A.
(ii) The County shall execute a general warranty deed
for the property described in Exhibit B.
(g) If any term, covenant, condition, or provision
of this Contract or application thereof to any person or
circumstance shall at any time or to any extent be invalid or
unenforceable, the remainder of this Contract, or the
application of such term or provision to persons or
circumstances other than those to which it is held invalid or
unenforceable, shall not be affected thereby, and each
provision of this Contract shall be valid and shall be enforced
to the fullest extent permitted by law.
(h) Whenever any notice, demand, or request is
required or permitted under this Contract, such notice, demand,
or request shall be in writing, shall be deemed to have been
properly given or served upon the earlier to occur of actual
receipt or within five (5) days of when deposited in the United
States mails, with adequate postage prepaid, and sent by
Q.
_y
registered or certified mail, with return receipt requested, to
the addresses set forth below or at such other addresses as are
specified by written notice given in accordance with the terms
hereof:
If to DeLatte
I.H. DeLatte
143 Ridgeway Drive
Lafayette, Louisiana 70503
If to the Count
County of Eagle
P.O. Box 850
Eagle, Colorado 81631
ATTN: Office of the Eagle
County Attorney
(i) It is the primary intent of DeLatte to enter
into a tax - deferred, like -kind exchange involving the
properties described in Exhibits A and B pursuant to §1031 of
the Internal Revenue Code, as amended. In order to effectuate
this purpose, the County agrees to execute such further and
additional documents as, in DeLatte's opinion, are reasonably
necessary, so long as the County is not held responsible for
any obligations or costs beyond or in excess of those set forth
in this Contract. The parties further recognize this exchange
was negotiated in lieu of condemnation of the property
described in Exhibit A by the County.
(j) The County, in further consideration of this
Contract, shall deed to DeLatte a non - exclusive water line
easement, twenty feet in width, the general location of which
is shown on the drawing attached hereto as Exhibit D to benefit
DeLatte and all property owned by DeLatte. By virtue of said
easement, the County shall agree to provide an underground
sleeve for the exclusive use of DeLatte or his successors, in
which DeLatte or his successors may install a pipe for the
transmission of water; such sleeve shall be 18 inches in
diameter. Said easement, except for the use of the sleeve,
shall be non - exclusive and allow the location of other
utilities such as water, electricity, telephone, etc. with the
easement. Said easement will allow DeLatte to install,
maintain, repair or replace a water line within the easement.
Said easement will specifically prohibit DeLatte the use,
IWM
maintenance or repair of said water line in any manner so as to
interfere with flight operations at the Eagle County Airport,
and shall prohibit DeLatte or his successors from disrupting or
damaging the runway surface above said sleeve, causing damage
to the runway by removal of support.
It is recognized by the parties hereto that the exact
location of easement might be changed by field conditions at
the time of the location of the sleeve, barring unforeseen acts
of God, labor problems (i.e., strikes preventing the
installation of the sleeve). The County agrees to install the
sleeve under the runway on or before November 1, 1985, and
after the installation of the sleeve (but in no case later than
November 1, 1985), to convey the aforesaid easement to DeLatte.
(k) Miscellaneous.
M This Contract contains the entire understanding
and agreement between the parties, and all prior
negotiations, agreements, and understandings, oral or
written, are fully merged herein and superseded hereby.
This Contract may not be modified in any manner except by
an instrument in writing signed by both parties.
(ii) Covenants, agreements, warranties, and
representations contained herein shall not merge into the
various documents executed and delivered at the closing,
but shall instead survive the closing and the conveyance
of the properties described in Exhibits A and B.
(iii) This Contract is made in and shall be governed
by the law of Colorado.
(iv) This Contract may not be assigned by either
DeLatte or the County without the prior written approval
of the other party having first been obtained.
(v) All real estate recording and documentary fees
payable in connection with the exchange contemplated
hereby shall be paid by the County.
(vi) In the event of any litigation arising out of
this agreement, the Court may award to the prevailing
party all reasonable costs and expense of such party in
connection with the litigation, including, without
limitation, all attorneys' fees.
IN WITNESS WHEREOF, the parties hereto have set their
hands on the day and year first above written.
DeLATTE:
I.H. DeLatte'
COUNTY: 1Ili A
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By: By:
Clerk of the Board of David E. Mott, Chairman
County Commissioners
STATE OF
)ss:
OA11 COUNTY OF )
SUBSCRIBED AND SWORN TO before me this ao� day of
March, 1985, by
WITNESS my hand and official seal.
My Commission Expires:
Notary Public^
Address: Hy Commission Expires:
-10-
x EXHIBIT
{
A
January 1985
20' Road Portion through Tract 61
Legal Description
A parcel of land located in Tract 61 and Section 4 all
in Township 5 South, Range 85 west df the 6th Principal
Meridian according to the Independent Resurvey of said Town-
ship and Range as approved by the U.S. Surveyor General's
Office in Denver, Colorado on June 20, 1922. All bearings
being relative to a bearing of North 00 021100" East from a
brass cap set as a witness corner for Angle Point 3 of Tract
57 to a brass cap set for Angle Point 2 of Tract 57. Said
parcel being more particularly described as follows:
Beginning at a point on the west boundary of a parcel
of land described by Reception Number 172262 of the Eagle
County, Colorado records whence a brass cap set for Angle
Point 1 of Tract 60, Angle Point 2 of Tract 57, Angle Point
3 of Tract 56 and Angle Point 4 of Tract 59 bears North
16.09'26" East, 1193.69 feet; thence North 00 021100" East,
44.90 feet; thence South 89'00'15" West, 1102.40 feet to thA
true point of beginning; thence North 15 °01'00" West, 349.63
feet; thence North 17 °34'25' West, 471.33 feet; thence North
10.39'11' West, 126.05 feet; thence North 16 039104" West,
339.71 feet; thence North 05031136" West, 98.61 feet; thence
North 16'09'31' west, 596.56 feet; thence North 05 004'43" West,
97.89 feet; thence South 87.05109" West, 21.03 feet; thence
South 05'04'43" East, 100.54 feet; (thence South 16'09'31" East,
596.64 feet); thence South 05'31'36" East, 98.69 feet; thence
South 16 039'04" East, 340.61 feet; thence South 10039111" East,
126.16 feet; thence South 17.34'25" East, 472.02 feet; thence
South 15 001'00" East, 344.33 feet; thence North 89000'15" East,
21.60 feet to the true point of beginning and containing
1.000 acres, more or less.
nnaunt n engineering G land rurv�yln c®.
406 s. hyland square, suite a -1
glenwood springs, Colorado 81601
945 -2045
P.C. box 14 gypsum, Colorado 81637 524 -9414
Feb. 27, 1985
LEGAL DESCRIPTION
Eagle County Airport
to
Mr. Delatte (road exchange)
=;B"
A parcel of land located in Tracts 60 and 61 and
Sections 3 and 4 all in Township 5 South, Range 85 West
of the 6th Principal Meridian according to the Independent
Resurvey of said township and range as approved by the
U.S. Surveyor General's office in Denver, Colorado on
June 20, 1922. All bearings being relative to a bearing
of North 00 021100" East from a brass cap set as a witness
corner for angle point 3 of Tract 57 to a brass cap set
for angle point 2 of Tract 57. Said parcel being more
particularly described as follows:
Beginning at a point on the west boundary of a
parcel of land described by Reception No. 172262 of the
Eagle County, Colorado records also being the northeast-
erly corner of a portion of a parcel described by Reception
No. 256102 of the Eagle County, Colorado records,-Whende
a brass cap set for angle point 1 of said Tract 60, angle
point 2 of Tract 57, angle point 3 of Tract 56 and angle
point 4 of Tract 59 bears North 16 109'26" East, 1193.69
feet; thence North 00 021100" East, 44.90 feet on the
west boundary as described in said Reception No. 172262,
thence South 89 000'15" West, 1102.40 feet to the West
boundary of a road as described in said Reception No.
256102, thence South 15 101'00" East, 35.63 feet on the
West boundary of said road as described in said Reception
No. 256102, thence North 89 032'44" East, 1092.76 feet on
the North boundary of a portion of land as described in
said Reception No. 256102 to the point of beginning and
containing 1.001 acres, more or less.
Ar
11
204
VI-
16 0 4cc;.O
0-
EXHIBIT
C
A parcel of land located in Tracts 60 and 61 and Sections
3, 4, 9 and 10 all in Township 5 South, Range 85 West of the
6th Principal Meridian according to the Independent Resurvey
of said Township and'Range as approved by the U.S. Surveyor
General's Office in Denver, Colorado on June 20, 1922. All
bearings being relative to a bearing of North 00 °21100" East
from a brass cap set as a witness corner for Angle Point 3
Of Tract 57 to a brass cap set for Angle Point 2 of Tract 57.
Said parcel being more particularly described as follows:
Beginning at a point on the west boundary of a parcel of
land described by Reception Number 172262 of the Eagle County,
Colorado records also being the northeasterly corner of a
Portion of a parcel of land described by Reception Numher
256102 of the Eagle County, Colorado records whence a brass
cap set for Angle Point 1 of said Tract 60, Angle Point 2 of
Tract 57, Angle Point 3 of Tract 56 and angle Point 4 of
Tract 59 bears North 16 009'26" East, 1193.69 feet; thence on
the boundary of said parcel as described by Recption Number
256102 of the Eagle County records the following six (6) courses:
1. South 89 032144" West, 1092.76 feet;
2. South 15 601'00" East, 129.18 feet;
3. South 09 012108" East, 47.13 feet;
4. North 89 600'16" East, 20.20 feet;
5. North 88 °56'31" East, 1030.72 feet (record call
is North 89.00'15" East, 1030.39 feet) to the
southwest corner of a parcel of land described
by Parcel Number 172262;
6. thence North 00 °21100" East, 160.58 feet
on the west boundary of said parcel described by Reception
Number 172262 of the Eagle County records to the point of
beginning and contianing 4.082 acres, more or less.
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