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HomeMy WebLinkAbout34 - Right of Way Deed with Eagle Park Easti.. 'V 11 - ft 0 0 eAM PAW•`` s-AGLE CTY. RECORDER RIGHT -OF -WAY DEED MAY ZI '-3 OT PH IS! THIS RIGHT -OF -WAY DEED dated this 15th day of May 1985 is from EAGLE PARK EAST, a General Partnership, hereinafter 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, hereinafter referred to as "Grantee". W I T N E S S E T H Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has remised, released, sold, conveyed, arid 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 arid 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 arid 8, Eagle Commercial Park, Town 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 arid use as a rion- exclusive, perpetual right -of -way for the general public. To have arid 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 arid behoof of the Grantee, its successors arid 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 conditions 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 C 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 arid 1011 of the Internal Revenue Code. This right -of -way arid the agreements contained herein are binding on and for the benefit of the parties hereto and their respective successors arid assigns. Executed as of the date arid year first above written. STATE OF COLORADO ) )ss: COUNTY OF EAGLE ) EAGLE PARK EAST, a General Partnership Magglen C. Webert, General Partner, and as Vice President of Madcap Investments, Inc., a Colorado Corporation, General Partner The foregoing instrument was sworn to arid subscribed before me this 15th day of May , 198 5 , by Magalen 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 arid official seal. My Commission Expires: March 21, 1988 t of y Pu bll Martha olfe Address: sox 1221 Eagle, CO 81631 -2- C The foregoing Right -of -Way Deed was accepted by the County of Eagle, State of Colorado, this --day of $ 198 �f- 'F-A L °•, ,•.-•" `~ COUNTY OF EAGLE, STATE OF COLORADO qtr• ° °t° '• By and Through its ATTEST �- = BOARD OF COUNTY COMMISSIONERS a P W f the Board of County Commissioners -3-