HomeMy WebLinkAbout20062453 RESOLUTION
RE: APPROVE AMENDMENT TO AGREEMENT FOR DONATION OF PROPERTY FOR
POUDRE RIVER TRAIL AND AUTHORIZE CHAIR TO SIGN - MARY AND THOMAS
STEVENS
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Amendment to the Agreement for
Donation of Property for the Poudre River Trail between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County,and Mary and Thomas Stevens,
with terms and conditions being as stated in said amendment, and
WHEREAS,after review,the Board deems it advisable to approve said amendment, a copy
of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Amendment to the Agreement for Donation of Property for the Poudre
River Trail between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Mary and Thomas Stevens be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amendment.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of September, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
�! ELD CO TY, COLORADO
ATTEST: Letkal f/I l^ •* _,j i
{ 4, J. ile, Chair
Weld unty Clerk to the P C Qtc tit. � David ong, Pro-Tem
BY: ll 6?, E. L_
Dep Clerkth}�'the iv
Willia H
AP A5202057
Robert D. Mas en
my Atto ey SLuj. Sea.
�� Z? Glenn Vaad
Date of signature:
2006-2453
L�i irreA 197/5 PR0028
429
AMENDMENT TO AGREEMENT FOR
DONATION OF PROPERTY FOR
POUDRE RIVER TRAIL
THIS AMENDMENT TO AGREEMENT ("Amendment") is entered into August
2006, by and between The COUNTY OF WELD, a body corporate and politic of the STATE OF
COLORADO, by and through its Board of County Commissioners, whose address is P.O. Box
758, 915 10th Street, Greeley, CO 80632, hereinafter referred to as"County" and Mary C.
Stevens and Thomas S. Stevens hereinafter referred to as"Donor."
WI'INESSETH:
WHEREAS, County and Donor entered into an Agreement for Donation of Property for
Poudre River Trail dated October 14, 2005, and recorded in the records of the Weld County
Clerk and Recorder on November 7, 2005, under Reception Number 3338012 ("Original
Donation Agreement").
WHEREAS, County and Donor desire to amend the Original Donation Agreement by
changing the location of the alignment of the Trail Right-of-Way from the location on Exhibit A
attached to the Original Donation Agreement (labeled as"Stevens Alternate Trail Exhibit")to the
location described on Exhibit A attached to this Amendment.
NOW, THEREFORE, in consideration of the premises and the following mutual
covenants, the parties hereto have agreed to amend the Original Donation Agreement as follows:
1. AMENDMENT OF TRAIL RIGHT-OF-WAY DESCRIPTION: The parties agree to
change the location of the alignment of the Trail Right-of-Way from the location described
on Exhibit A attached to the Original Donation Agreement (labeled as"Stevens Alternate
Trail Exhibit"), to the location described on Exhibit A attached to this Amendment, which
is hereafter known as the"Amended Trail Right-of-Way". The Amended Trail Right-of-
Way shall be 30 feet in width.
2. Paragraph 15 Deleted. Paragraph 15 of the Original Donation Agreement is deleted.
3. Paragraph 17 Amendment. Paragraph 17 of the Original Donation Agreement is hereby
amended to the extent that any fence, cattle guards or other required improvements are or
would be located in Amended Trail Right-of-Way is in the flood way, or flood plain as
defined by FEMA, the Army Corps of Engineers, Weld County, the City of Greeley or any
other governing jurisdiction, Grantee shall not be required to install fences, cattle guards
or any other improvements that are not allowed in such designated areas. Grantee shall
reimburse Grantor up to $7,500 for fencing and cattle guards to be installed in locations
selected by Grantor, but not on the Amended Trail Right-of-Way to connect with the
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portions required to be built by the Grantee. Nothing herein changes Paragraph 17 to the
extent fences and cattle guards are required in that paragraph to be built by the Grantee
and such improvements would not be in the flood way or flood plain.
4. NO OTHER CHANGES. Except as otherwise specifically modified by this Amendment,
all agreements, terms and conditions of the Original Trial Agreement shall apply to this
Amendment and the Amended Trail Right-of-Way.
IT IS MUTUALLY AGREED the terms and conditions of this Amendment shall extend
to and be binding upon the heirs, executors, administrators, successors, successor by merger, and
assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
DONOR:
Mary C. Steven
Thomas S.
ATTEST: "L,,/,r/ 17, %,
CLERK TO THE BOARD O eis21. OARD OF COUNTY COMMISSIONERS
COUNTY COMMISSIONE 1h c g � , WELD COUNTY, STATE OF COLORADO
B U/L/t,C �ti'� -�" t �' L�' By:
Chairman
Deputy erkto eBoazd M. J. Geile,
09/06/2006
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ACKNOWLEDGEMENT
STATE OF COLORADO
)SS
COUNTY OF WELD �
Acknowledged before me, a Notary Public, on August"'—2006, by _Mary
C. Stevens and Thomas S. Stev s.
My Commission Expires: 3//2 0 oer
ary Public
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3425429 10/05/2006 03:19P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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[, � KETTERLNG, BUTFERUS & NORTON POUDRE RIVER TRAIL
GREELEY, COLORADO
820 8th Street Plaza Greeley, Colorado
ENGINEERS (970) 395-9880 STEVENS PROPERTY - EXHIBIT "A"
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