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R85-25 land exchange with DeLatte at airport_ 30 77t y9o� / 11OHNNETi: 041L PI' � / "a�LC i,Tf t�ECRR�f 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�— -3- 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. z 2' x m m.9 MAI d 5 m= N° p ON I I olm GP o I =1 °a1 > ° m az b0n2: u 30294 I pGI� 96 42000 - m -s 24 3 £ IV E •N• 0 E I C �° O, Y I m 10 � 0,0 �Q A _- -_ O=F X15 m ^�I�I — '° E Vo I Yln ro °o w al v z I I ti I I �o • ° 295 =6,� H00°2100 E ]i] >p ° �E 1.��� SO °21b1�V1 om IISl ]i - -1 ' >6B 54 --Q I i�o I nj I 'i0 ONI I J- 0 F z I