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HomeMy WebLinkAbout9 - right of way deed with Shapiro ConstructionPASS JOHNVE7fF "lilt,LIPS EAGLE 0TY. 1`',.'GORDER RIGHT-OF-WAY DEED THIS RIGHT-OF-WAY DEED dated this day of 1983, is from SHAPIRO CONSTRUCTION COMPANY, a Colorado corporation, hereinafter referred to as "Grantor," to the COUNTY OF EAGLE, STATE OF COLORADO, a body corporate and $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey to Grantee, its successors and assigns, the real property described in Exhibit A attached hereto and incorporated herein by this reference, hereinafter referred to as "Parcel C," for the purpose and use as a non-exclusive, perpetual right -of -way for the general public and as an ingress and egress to adjacent properties, together with all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to Parcel C, with all and singular the hereditaments and appurtenances thereto belonging. Grantor warrants and covenants to the Grantee, its successors and assigns, that at the time of the ensealing and delivery of this Right-of-Way Deed, the Grantor is well seized of the real property above conveyed, in fee simple, and has good right, full power and authority to grant and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances, of whatever kind or nature soever, except the general taxes for 1983 due and payable January 1, 1984; and the above conveyed real property in the quiet and peaceable possession of the Grantee, its assigns and successors, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the Grantor shall and will warrant and forever defend. In consideration of this Right -of -Way Deed and the conveyance herein of Parcel C, Grantee agrees to forthwith acquire and /or provide for a right -of -way approximately sixty feet in width commencing from the eastern boundary of Chambers Avenue located in the Town of Eagle, State of Colorado, and continuing in an easterly direction to at least the eastern boundary of Parcel C, and upon the establishment thereof, to dedicate or otherwise convey the same to the Town of Eagle, State of Colorado, hereinafter referred to as the "Town," on or before September 15, 1983, 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 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. Grantee further agrees to construct within the subject right -of -way referred to in the paragraph next above a road 24 feet in width with 6 foot shoulders on each side and a pavement thickness of 3 inches, and to provide for the installation and /or extension of necessary utilities therein; subject, however, to the Grantee's construction of a County Justice Center on real property immediately adjacent to the northern boundary of the said right -of -way. The 4 aforementioned road construction and installation /extension of utilities shall be at no additional cost to the Grantor, and the Grantor shall be entitled to hook on to such utility lines or other facilities located within the subject right -of -way upon payment of the usual tapping charges imposed upon other users of such utility lines or other facilities. The parties hereto agree that the proper value of the real property conveyed herein is $1.92 per square foot, as outlined in the appraisal performed by John Peeples on March 9, 1983. Shapiro Construction Company is conveying the entire parcel of 1769.0 square feet to the County of Eagle, State of Colorado at no cost. The County of Eagle acknowledges that the $1.92 per square foot is a charitable contribution by Shapiro Construction Company to the County of Eagle in accordance with Section 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 first above written. SHAPIRO CONSTRUCTION COMPANY a Colorado corporation 5 /-A By ..."0001-1 Title. Address: W STATE OF COLORADO ss. County of Eagle The foregopg instrument was sworn to and subscribed before me this V11 day of May, 1983, by Ve ylq q-r 1,4 G 54iffrep I Fyesrjcj-� for Shapiro Construction Company. 'o. a r yy ublic Address: 9 ? UAI My commission expires -A V;Zoe ACCEPTED this Z9 day of-Na-r—, 1983. BOARD OF COUNTY COMMISSIONERS ATTEST: COUNTY YOF E LE, STATE OF COLORADO j By: —e r �kt, bo the and of David E. Mott, Chairman Cou�h6y''dommissioners 4 EXHIBIT A LEGAL DESCRIPTION PARCEL C A parcel located in Tract 70, Section 33, Township 4 South, Range 84 West of the Sixth Principal Meridian, Eagle County, Colorado according to the Independent Resurvey of said Township and Range as approved on June 20, 1922; said parcel•being more particularly described, with all bearings contained herein based on a bearing of N.00 °33100 "W. between the Town of Eagle Street Monuments at Fifth and Broadway and Second and Broadway, as follows: Beginning at the Northwesterly Corner of a parcel of land recorded in Book 268 at Page 466 of the Eagle County Records from which the Witness Corner for Corner No. 4 of said Tract 70 bears N.50 °54'00 "W. 459.65 feet distant; thence along the Northerly Boundary of said parcel N.63 °20'48 "E. 60.00 feet; thence S.26 139'12 "E. 30.00 feet; thence 5.63 °20148 "W. 57.93 feet to a point on the Westerly Boundary of said parcel; thence along said boundary N.30 035159 "W. 30.07 feet to the point of beginning. Said Parcel C contains 1769.0 square feet or 0.041 of an acre, more or less. JK/83/045 ,t o�a4j.+;,6Ra�.2 -wry .,ux,� »X.r,- ,...r• :.v+.. ^t �. ` .s f. .:�• � �'�`. -�3it' ±t'�".'e6�..� ✓:.:.;w° i.: %a �A. .'^'w .. � .w ...`�.sri�`� ..... ... .. ..... e::_ .. - . .s, _, a ... . _ .. ,.. s+ .... _.,. .. .. a..j.3..w.. xv.. ,...u::".`�i^+r , +. r'".ir,'dc