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Home My WebLink About20053099.tiff RESOLUTION RE: APPROVE 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 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 agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, 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 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 agreement. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 19th day of October, A.D., 2005. BOARD COMMISSIONERS ELD COUNTY, COLORADO ATTEST: ►LCf� r, rn�,' '•��'`` �lliam H. J- e, Chair Weld County Clerk to the B M. ei e, Pro-Tem �cmn CA duty CI k to the Boa Lon&DavL AP D AS TO O Robert D. Masden my Attorney �' '`.-f_A €it 69, Glenn Vaad Date of signature: 3C I(1c 2005-3099 PR0027 012 AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL THIS AGREEMENT is entered into this /4 day of October, 2005, 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". WITNESSETH: WHEREAS, County desires to obtain the right to construct and maintain a pedestrian and non-motorized vehicular Trail Right of Way ("Trail Right of Way"), as part of the Poudre River Trail, across land owned by Donor in the S 1/2 of Section 34, Township 6 North, Range 66 West of the 6th P.M. Weld County, Colorado and known as Account#R1370986 and Parcel #080534000023 of the Weld County Assessor's Records ("Donor's Property"). The Donor's property is partially shown on Exhibit A, and WHEREAS, Donor desires to donate the Trail Right of Way to County, in fee, upon County meeting certain terms and conditions stated herein, and WHEREAS, County desires to accept said donation as stated herein. NOW, THEREFORE, in consideration of the premises and the following mutual covenants, the parties hereto have agreed as follows: 1. DONATION OF STRIP OF TRAIL RIGHT OF WAY: Donor agrees to donate via Special Warranty Deed (without compensation) to County, and County agrees to accept the Trail Right of Way. Said Trail Right of Way shall be used by the public and maintained by the County for the purpose of conveyance by pedestrians and non- motorized vehicles. Donor understands and agrees said Trail Right of Way may also be used by police, emergency, maintenance motorized vehicles, and mounted police, when necessary. The parties agree the Trail Right of Way shall consist of a strip of land extending across Donor's property as generally shown as the "South Route Alternative" as described on the plat attached hereto as Exhibit A. Grantee shall have the option of utilizing Trail Option A, Trail Option B or Trail Option C, all as shown on Exhibit A. The Trail shall be 30 feet in width. 2. Donor agrees to grant the Trail Right of Way by a Special Warranty Deed, on a form acceptable to County, free and clear of all encumbrances, except for existing easements, and rights-of-way of record, if any, including, without limitation, any utilities currently in 1 11111111111111111 EMI MEIN VI11111111111111IIII 3338012 11/07/2005 02:29P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder place. Said Special Warranty Deed shall be promptly executed upon completion of a survey plat of the Trail Right of Way, paid for by County, which shall show the exact location of the Trail Right of Way and provide a legal description thereof The parties further agree said Special Warranty Deed may be recorded separate from this Agreement, but shall be subject to and shall not merge with the terms of this Agreement. 3. REFERRAL TO WELD ASSESSOR'S OFFICE: County agrees upon closing, the Weld County Assessor's Office shall be notified of the completed transaction and that the Trail Right of Way is no longer owned or controlled by Donor. 4. TRANSFER OF TRAIL RIGHT OF WAY NOT CONSIDERED LAND-SPLIT: Donor and County acknowledge the transfer of ownership of the Trail Right of Way shall not be considered as a split of the property owned by Donor, such that it neither violates the subdivision regulations of the County, nor does it create a separate remaining parcel. 5. CONSTRUCTION OF TRAIL ON TRAIL RIGHT OF WAY: County, acting through the Poudre River Trail Corridor, Inc., shall be solely responsible for construction of the Trail on the Trail Right of Way. 6. ENTIRE AGREEMENT: The parties hereby agree neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter other than as contained herein. 7. RIGHT TO POSSESSION: Although the date of transfer of the Trail Right of Way shall be the date of the delivery of the conveyance documents, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Donor, County, its contractors, agents, employees, if any, and all others deemed necessary by County shall have the irrevocable right to possess and use all the Trail Right of Way, if deemed necessary by County for the purpose of construction or maintenance of said Trail Right of Way, or by the public if said Trail Right of Way is ready for conveyance of pedestrians and non-motorized vehicles. 8. RIGHT TO RELOCATE EASEMENT/REMOVE TRAIL: Donor, at Donor's cost, shall have the right to relocate the Easement on Donor's adjoining property, or to temporarily remove the improvements on the Easement, if necessary, to install infrastructure to the subdivision contemplated by Donor, subject to the approval of County, which shall not be unreasonably withheld. The Trail and all facilities disturbed by such relocation, or temporary removal, shall be promptly restored to the condition of the Trail prior to such relocation, or removal. Donor shall give notice 90 days prior to such relocation, or 2 11111111111111111 IIIIIII 1111111111 VIII 11111111 It II 3338012 11/07/2005 02:29P Weld County, Co 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder removal and shall disturb the Trail as little as possible, keeping in mind the usability and accessibility of the Trail to the public, and such relocation or removal shall not cause the Trail to be closed for more than 90 days. Upon finalizing the relocation, Donor shall, at Donor's cost, resurvey the new location and execute a warranty deed to County under the same terms and conditions as the original deed. 9. WARRANTY OF TITLE: Donor warrants he is the owner of the Trail Right of Way and will defend title thereto against all claims. 10. TAX APPORTIONMENT: Donor represents and warrants all general taxes levied against Donor's property prior to 2005 have been paid in full by Donor. 11. SEVERABILITY: If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 12. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. 13. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 14. CONSTRUCTION OF TRAIL. Donor shall not be responsible for construction of any part of the Trail. The Trail may be either hard surfaced (asphalt or concrete) or soft surfaced (e.g. crusher fines, gravel or dirt). 15. Grantor shall be permitted to cross the Trail Right of Way to access Grantor's Property North of the#3 Ditch. 16. TEMPORARY CONSTRUCTION EASEMENT. Grantee shall have an additional 30 feet immediately adjacent to the Trail, together with access from any existing dirt road on Donor's remaining property, for use as a construction easement ("Construction Easement") includes the right of access for the purpose of construction, reconstruction, building, surveying and hauling 3 1 111111 11111 11111 1111111 lit 1111111111 Ill 1111111111111 3338012 11/07/2005 02:29P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder during the construction of the Poudre River Trail. The Construction Easement shall expire 30 days following the completion of construction of a hard surfaced trail. 17. FENCES AND CATTLE GUARDS. a. Grantee shall fence the Trail Right of Way along the South side of the Trail Right of Way to prevent horses from escaping from the Donor's Property. One or more cattle guards shall be installed on either end of Donor's Property to keep the horses from leaving Donor's Property. Further, Grantee shall construct up to two gates in the fence along the Trail Right of Way to allow horse access to Donor's Property. b. Donee's fences shall be adjusted in the event Grantor, their heirs or assigns create a permanent access for improvements from F Street to Donor's Property North of the #3 Ditch. c. All fences shall be constructed of four-strand barbwire. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement 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. `ffe Mary C. tevens Thomas S. Stevens err. tCWaa O HE BOARD OF BOARD OF COUNTY COMMISSIONERS COMMISSIONERS OF WELD COUNTY,Y,STATE OF COLORADO By: UNAPHI Y Z/1 E.1 i Cl By By: �� G v-, Depu Clerk to the Board 3 William H. Jerke, Chairman 10/19/2005 1 111111 11111 11111 1111111 11111 11111 11111 III H1111111 1111 3338012 11/07/2005 02:29P Weld County, CO 4 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,.✓,ttc_ .-'cq9 ¢#,_v v�. e �+ .t* * 'Fu' 4 'rVm i ,....,24.:.,,,,,,,,,,,.-c.,,,,.‘,:',22-7,, .... Y. , y1'x l t t 1F ' 55kk �i ,jr�f0� 9t ar,,s xe 4,r 'e ro `^ N ,; ▪ 'N ,V?i � ' ^' r •id- ,' iil ' I �Y;n1aF SCALE: 1" = 150,H -. qt 5rr :s :� i�' l.1•dF 4 .'f. - -fit, - _ THOMAS & MAR 1 e11YY;�;�e71YY�. 1- - _ STEVENS ' ' t oRTH ROUTE ` s y 2 ALTERNATE , .x-'lift' 'f o a• t #'' x£ .. # 3zs dpi ryRx:';1'' .� c �. P L .t,5 •� 1 r as'�01t r —. .,4„,.. 1+-6'4 �, u �"' .i-J . .-- r '','b „' k �t ''k . . 00 &ors, dkf . s„ -s 3 a 3 P .fi 7,40,r0,64:4,7,1:1- ik rt xav 'q� - ^eke' - ' ry ;;;I"''''."1.143',$ O. o-sk ,; • . • •SEr •UI 'Ei 1 - � x 3 , % s k= T UNK SANITA•Y SEWS �+ Ftad _ : * ': N 4"�, ?, , a,:, a[, r1 ` ,-,.',"*-1''''� ,.. , E•TY LINE „YY .. -- . . ▪ s ,M.;. .,r!' di rp al y m4 'a 1 .. 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" " $ice t {' :^'}�P' 'r`,'x .r S� fe'., T � ( *� d { "£3;_ »fit =00 ]] 4^ i� 2' 3t .t L we ., d - ' ;;;''.1. ' -. :i . l *sue ass+ '' ec.. a :, / , 0,�€ r v� ra 9eAk °six , f o " I -"k, Y- i d.s x ,$. "tmv9-k".9 " Sit)) r � red / ' `F $;.�' .- Y —a-ID ' � advti:� ✓`qv S h.k,_ F "� qk yYt 1„t^ i'i t }3'" a.. .€ mop O °rowing: K:\DRAWINGS\96035\GREELEY\d1Y_GIS_W1P-Rt.dwg. Saved: Wed. October 12. 2005. 12:13:13pm v M In KETT , S & NORTON POUDRE RIVER TRAIL \, �� , ER 820 8th Street Plaza Greeley, Colorado GREELEY, COLORADO ENGINEERS (970) 395-9880 STEVENS ALTERNATE TRAIL EXHIBIT Hello