HomeMy WebLinkAboutR85-79 authorizing Jim Fritze attorney in fact for Delatte closingCommissioner i/Sy a moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 85- C
RESOLUTION AUTHORIZING JAMES R. FRITZE TO ACT AS
ATTORNEY -IN -FACT FOR THE BOARD OF COUNTY COMMISS
OF THE COUNTY OF EAGLE, STATE OF COLORADO
WHEREAS, pursuant to §§41 -4 -104, 30- 11- 101(c), and
30 -11 -107, C.R.S., the Board of County Commissioners of the
County of Eagle, State of Colorado (hereinafter referred to
as the "Board "), has executed 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 of
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
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO,
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 authorized to deliver
said deed to I.H. DeLatte or his agent should the conditions
of the contract be complied with and should he receive a
deed from I.H. DeLatte to the County for the property
described in Exhibit A to said contract in the form and
manner as provided in said contract; and
BE IT FURTHER RESOLVED that James 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 con-
tract, 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 Commis-
sioners of the County of Eagle, State of Colorado, at its
regular meeting held theme =� day of f- , 1985.
COUNTY OF EAGLE, STATE OF COLORADO
By and Throuc
j,h its
ATTEST: BOARD OF C NTYCO %MMISSjI�ONERS
By ��LG"rLt titu�ap�By:
Dav j E- ..,Mott, Chairman
L. Gkfsta}fson
1 V..
Donald Welch, C mmissioner
Commissioner o_e' 4 seconded adop-
tion of the foregoing resolution. The roll having been
called, the vote was as follows:
Commissioner David E. Mott i-0-Q
Commissioner Richard L. Gustafson
Commissioner Donald H. Welchy�'
This Resolution passed by q101-A/W-0415 vote of the Board of
County Commissioners of the County of Eagle, State of
Colorado.
CONTRACT TO EXCHANGE REAL ESTATE
THIS AGREEMENT made and entered into this lSi day of
November, 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
following described real estate,
State of Colorado, to wit:
convey to the County the
situate in the County of Eagle,
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 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 will be conveyed free and clear of all encumbrances.
3. The difference between the values of the property
described in Exhibit "A" and the property described in Exhibit
"B ", shall be deemed 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 December,4, 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 the
responsibility of the party acquiring the property.
6. Each party agrees to execute and deliver his deed
to the other party on December 12, 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. 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:
As to the property described in Exhibit "A":
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 c the property described in Exhibit "B"
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.
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l£
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7. The exchange of deeds for the real property
described in paragraphs 1 and 2 shall take place at 11:30 A.M.
on December 12, 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 upon execution of this agreement.
The property described in Exhibit A shall be subject to the
following leases or tenancies:
None
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.
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,
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with the understanding that DeLatte is relying upon these
warranties and representations in entering into this Contract,
as follows:
(i) 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.
(ii) 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 $3,000.00 on an ALTA owner's policy, Form B, 1970
Edition.
(c) 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, and Exhibit B, and the parcels shall not
be treated as "subdivision" or "subdivided land" as that term is
defined in {30 -28 -101, C.R.S. or the Eagle County Land Use
Regulations. The closing of this Contract shall be subject to
the County having obtained such a resolution.
By this Contract, the County is authorized to apply
for exemption for 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 sea., C.R.S.
(d) 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.
(e) 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.
(f) 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.
(g) 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
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
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If to the Coun
County of Eagle
P.O. Box 850
Eagle, Colorado 81631
ATTN: Office of the Eagle
County Attorney
(h) 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 are, in DeLatte's opinion, 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.
(i) Miscellaneous.
(i) 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
Jet
all reasonable costs and expense
connection with the litigation,
limitation, all attorneys' fees.
of such party in
including, without
IN WITNESS WHEREOF, the parties hereto have set their
hands on the day and year first above written.
DeLATTE:
DeLatte
COUNTY:
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTE/S{T/1:/ ,n / BOARD OF COUNTY COMMISSIONERS
BYkCY/f -% J�6�y:
Clerk of t'.e Board'of J David E. Mott, Chairman
County Corimissioners
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1
STATE OF,,�� )
)ss:
COUNTY OF� )
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SUBSCRIBED AND SWORN TO before me this day of
November, 1985, by I.H. DeLatte.
WITNESS my hand and official seal.
My Commission Expires:
MY COMMISSION IS
FOR LIFE
Not Public
Address: d
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��
STATE OF,,�� )
)ss:
COUNTY OF� )
l
SUBSCRIBED AND SWORN TO before me this day of
November, 1985, by I.H. DeLatte.
WITNESS my hand and official seal.
My Commission Expires:
MY COMMISSION IS
FOR LIFE
Not Public
Address: d
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rmountuin engineering & land fur a in
Y 9 co. �
406 s. hyland square, suite a -1
glenwood springs, Colorado 81601
945 -2045
p.o. box 14 gypsum, Colorado 81637 524.9414
Legal Description
Delatte to Eagle County
September 5, 1985
A parcel of land located in Tract 59 and Section 3 all in Township
5 South, Range 85 West of the 6th Principal Meridian according to the
Independent Resurvey of said township and range as accepted by the U.S.
Surveyor General`s Office in Denver, Colorado on June 20, 1922. All
bearings contained herein being relative to a bearing of North 00 °21'00"
East on a line from the witness corner for angle point 3 of Tract
to angle point 2 of Tract 57. 57
Said parcel of land being more particularly
described as follows:
Beginning at a point on the boundary of a parcel of land described
by Reception Number 256102 of the Eagle County, Colorado records whence
a brass cap set for angle point 4 of Tract 59, angle point 1 of Tract
60, angle point 2 of Tract 57 and angle point 3 of Tract 56 bears
South 43 °48'23" East, 755.76 feet; thence on the boundary of said parcel
as described by Reception Number 256102 the following three (3) courses:
I. South 75 °08'06" East, 107.24 feet;
2. North 84 °40'55" East, 309.89 feet;
3. North 39 004'03" West, 44.50 feet;
thence departing said boundary South 84 040'55" West, 385.82 feet to the
point of beginning and containing 0.295 acres, more or less.
r
EXHIBIT
I1
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EXHIBIT
mount�n er�c�eneering & land lur y g co,
B,
406 S. hyland square, suite a.1
glenwood springs, Colorado 81601
945 -2045
P.O. box 14 gypsum, Colorado 81637 524 -9414
Legal Description
Eagle County to Delatte
September 5, 1985
A parcel of land located in Tract 59 and Section 3 all in Township
5 South, Range 85 West of the 6th Principal Meridian according to the
Independent Resurvey of said township and range as accepted by the U.S.
Surveyor General's Office in Denver, Colorado on June 20, 1922. All
bearings contained herein being relative to a bearing of North 00 °21'00"
East on a line from the witness corner for angle point 3 of Tract 57
to angle point 2 of Tract 57. Said parcel of land being more particularly
described as follows:
Beginning at a point on the boundary of a parcel of land described
by Reception Number 256102 of the Eagle County, Colorado records whence
a brass cap set for angle point 4 of Tract 59, angle point 1 of Tract
60, angle point 2 of Tract 57 and angle point 3 of Tract 56 bears
South 43 °48'23" East, 755.76 feet; thence North 75 008'06" West, 395.00
feet on the boundary of a parcel of land described by Reception Number
256102 of the Eagle County, Colorado records; thence departing said boundary
South 57 °21'33" East, 222.39 feet; thence North 84 °40'55" East, 195.00
feet to the point of beginning and containing 0.305 acres, more or less.
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