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
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