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Home My WebLink About20061611.tiff RESOLUTION RE: APPROVE AMENDMENT TO AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL AND AUTHORIZE CHAIR TO SIGN - LOWELL THREE, LLC, LOWELL FOUR, LLC, 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 Lowell Three, LLC, and Lowell Four, LLC, 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 Lowell Three, LLC,and Lowell Four, LLC, 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 14th day of June, A.D., 2006. E :OARD OF COUNTY COMMISSIONERS "°ohs ELD COUNTY, ILORADO lliATTEST: / ,:,-114:4-0, :� `� . Chair Weld County Clerk to the Bob+' -11 BY: f1 X1. 1 �i(�-I,�(�. W - 1 David E. Long, Pro-Tem , Dep Cler to the Board — ` /� William Jerke A V AST Q� V°rte •—� Robert D. Masden ounty Attorney zg�� inn Vaadad Date of signature: 11(e )C1 2006-1611 - no c btu- `7 -)-r.> Q`7 -)-r.> AMENDMENT TO AGREEMENT FOR DONATION OF PROPERTY FOR 889 POUDRE RIVER TRAIL Ne I THIS AMENDMENT TO AGREEMENT("Amendment")is entered into 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 10'"Street,Greeley, CO 80632, hereinafter referred to as"County" and Lowell Three, LLC and Lowell Four, LLC, hereinafter referred to as"Donor." WITNESSETH: WHEREAS, County and Donor entered into an Agreement for Donation of Property for Poudre River Trail dated December 22, 2005, and recorded in the records of the Weld County Clerk and Recorder on January 25, 2006,under Reception Number 3357503 ("Original Donation Agreement"). WHEREAS, County and Donor desire to amend the Original Donation Agreement by donating additional Trail Right-of-Way to County, in fee, as stated herein. WHEREAS, County desires to accept the additional donation as stated herein. 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. DONATION OF ADDITIONAL STRIP OF TRAIL RIGHT-OF-WAY: In addition to the Strip of Trail Right-of-Way granted by the in the Original Donation Agreement, Donor agrees to donate the East twenty(20)feet of the property described on Exhibit A ("Additional 20 Foot Donation")with all of the agreements, terms and conditions of the Original Donation Agreement to apply to the Additional 20 Foot Donation. 2. AGREEMENT TO PROVIDE APPRAISAL Within sixty days following granting of a deed by the Donor as required by paragraph 2 of the Original Donation Agreement, County at County's cost, shall obtain an appraisal of all property donated by Donor, to allow Donor to claim a donation for tax purposes. Such appraisal shall include the Strip of Trail Right-of-Way granted by the Original Donation Agreement as well as the Additional 20 Foot Donation. The Original Donation Agreement made reference to Exhibit A attached to that document, which was a legal description of the 30 foot wide Strip of Trail Right-of-Way. Attached to this Amendment, labeled as Exhibit B, is a plat that illustrates both the Strip of Trail Right-of-Way granted by the Original Donation Agreement, and also the Additional 20 Foot Donation. 1111111 "III 111111111111 III 111111111111 III !Hair IIII 3403889 07/18/2006 02:36P Weld County, Co 1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 3. FENCE. County shall install and maintain a fence along the West side of the 20 Additional Trail Donation. 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 the 20 Foot Additional Trail Easement. 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: LOWELL THREE,LLC By` r/m L 444 Its Qtiff Vigo BOWELL��;�`��i� LC By Its Ow.-,p ATTEST: CLERK TO THE BOARD OF BOARD OF COUNTY COMMISSIONERS COUNTY COMMISSIONERS E11,04) WELD COUNTY STATE OF OLORADO tf4t2 By: A. iIJ ` 21 t �. Deputy erk to to Board N. . Gee, JUN 14 1°W il 2 111111 1 1111 1111111 111111111111 III 11111 Hill!' 3403889 07/18/2006 02:36P Weld County, CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder IC-C;(0 — Li,i I ACKNOWLEDGEMENT STATE OF MARYLAND ) y(� )SS COUNTY OF `�� A Acknowledged before me, a Notary Public,on May-_, 2006, b ✓ , ' OI.(2 Vrl1J of Lowell Three, LLC, a t imited liability company. 1 My Commission Expires: '� -cc ' 1, 'S • SANDRA D.DAVIS ry Public : G 6 .�. Notary Public ' Montgomery County ' .,' Maryland My Commission Expires Oct 8.2008 STATE OF MARil.KNb —' — ) )SS COUNTY OF2}LCu_ 4 ilv'tz Acknowledged before me, a Notary Public, on-May_�2 , by/G V / s Gocasr' of Lowell Four, LLC, a (& ce limited liability company. My Commission Expires: --K-et -.t /AS// -.__ otary Public SANDRA D.DAVIS .••.,l).'• Notary Public Montgomery County F. i Maryland '� c ~ _ t_. r_ L. C7 n My Commission Expires Oct 8,2008 3 1 111111 1111 11111 1111111 III 111111 111111 III 11111 HIE 3403889 07/18/2006 02:36P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A MARILYN BUNN PROPERTY LEGAL DESCRDrTnON North 30 feet mg the East 20 feet of the portion of the following described parcel lying North of the Southerly Right-of-Way line of F Street,either as granted by recorded documents or by prescription: That portion of the Southeast Quarter of the Southwest Quarter(SEJ4 SW/4)and the West Half of the Southeast Quarter (W/2 SEJ4)of Section Thirty-four(34),Township Six(6)North,Range Sixty-six(66)West of the Sixth Principal Meridian,Weld County,Colorado,more particularly described as follows: Considering the South Line of the Southwed Quarter as bearing North 89'24'31"West and with all bearings contained herein and relative thereto.Beginning at the South Quarter Corner of said Section 34,thence along the South line of said Southwest Quarter,North 89'24'31"West 850.11 feet to the Southeast Corner of that certain parcel of land described in deed recorded in Book 937.Reception #1859175 records of said County,thence along the Easterly boundary of that book and reception number the following 5 courses and distances,North 00'03'31"West 630.07 feet,North 75'56'29"East 77.28 feet,South 85'33'31"East 394.65 feet,North 75'26'29"East 106.41 feet,North 00'03'31"West 449.70 feet,thence North 39'32'29"East 94.50 feet,thence North 33'24'29"East 59.59 feet to a point that is 30.00 feet South of the centerline of an existing irrigation ditch,thence parallel with and 30.00 feet South of the approximate centerline of said ditch the following 5 courses and distances,North 56'00'00"East 103 feet,North 56'40'00"East 341.00 feet,North 76'09'00"East 116.00 feet,North 80'11'00"Fast 640.00 feet,North 78'58'00"East 358.46 feet to a point that is 40.00 feet West of the East line of the West Half of the Southeast Quarter of said Section 34,thence parallel with and 40.00 feet West of said line,South 00'00'00"West 327.57 feet to the South line of the Northwest Quarter of the Southeast Quarter of said Section 34, thence South 00'00'44"West 74.36 feet to a point on the North line of that certain parcel of land described in deed recorded in Book 976,Reception#1902736 records of said County,thence along the Northerly,Westerly and Southerly boundary of said parcel the following 14 courses and distances,South 55'49'25"West 45232 feet,South 66'53'21" West 95.00 feet,South 75'33'21"West 95.00 feet,South 84'04'21"West 203.00 feet,South 80'11'21"West 102.00 feet,South 59'15'58"West 50.45 feet,South 33'05'09"West 206.59 feet,South 82'12'07"East 325.64 feet,South 79'23'30"East 106.30 feet,South 79'27'15"East 136.32 feet,South 65'31'55"East 154.87 feet,South 74'03'55" East 209.87 feet,North 85'04'22"East 58.28 feet,North 48'59'26"East 119.40 feet to the East line of the West Half of the Southeast Quarter of said Section 34,thence along said line South 00'00.44"West 605.65 feet to the South line of the Southeast Quarter of said Section 34,thence along said line North 89'24'55"West 1320.77 feet to the true point of beginning. Said parcel is subject to easement and right of way for the canal of Boyd Irrigation Company,to existing right of way for County Road,and any other easements and rights of way upon the premises,however evidenced. 4 111111 11111 11111111111 111 111111 111111III 11111 1111I II I 3403889 07/18/2006 02:36P Weld County, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder L „ bn _. , Trail Right Of Way L'XI-II�I`I' S1/2 Section 34—T.6N.—R.66W. (3 1!1 J mJ. rg�// 200 1l • 0 200 —' ,I ' "7 N '9we` ` r. . ,,•= 200' r \ vo•t \c *' c1-413 V rd ` m o o till N $i o 0 6 " 1 '. o3.nm ._9 wN o0 1 'l 5.NN >E. N __..av 1 1 2I I 4' 14 i'ea ,rat y r" rt --r U azrc °' '* 2' m$ooa o k w e o 't %- .=r yam. o y N 5 a X H Z. \. , �; 1 m t a 0 0 ii'` ,Yi r n_ n o ram• ha„4 u _ Ii 595. r \ •\ • 4 0 °O m \• �-JIr I' n o o n t c c a>i o2a .o o- ' in o n c ro,a Em«am OTT -°•:g kk a O ee w m `a as Charles B. Jones .° on, LI of u...... u nyore. Ina. € `v sr Pt 2a i •V / 'i.�.��i • ' r�� 05oe0c Colorado Register. ir1''ssio - / EXHIBIT z = $� w >• Land Surveyor #22i'C,y0.y4L LAO REVISED: April 24, 2006 'n•` KING SURVEYORS INC. PROJECT NO:200`521 `4(4196":' 5 �0 650 Garden Drive I Windsor,Colorado 80550 DATE:April 17, 2C06 `U ► CUENT:Poudre Trail N1/4phone:(970)686-5011 I Fax:(970)686-5821 DWG:2005521 burin—A.dwg www.kingsurvcyors.com DRAWN:CBJ CHECKED:CBJ 1111111 VIII VIII 1111111 III 111111 DIE III VIII IIII IIII 3403889 07/18/2006 02:36P Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Hello