The URL can be used to link to this page

Browse Search

Home My WebLink About20042434.tiff RESOLUTION RE: APPROVE AGREEMENT FOR REPLACEMENT OF RIGHT-OF-WAY FOR THE POUDRE RIVER TRAIL AND AUTHORIZE CHAIR TO SIGN - TOWN OF WINDSOR AND STANLEY AND SARA EVERITT 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 Replacement of Right-of-Way for the Poudre River Trail among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Town of Windsor, 301 Walnut, Windsor, Colorado 80550, and Stanley and Sara Everitt, 307 North Shores Circle, Windsor, Colorado 80550, 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 Concerning Purchase of Right-of-Way for Replacement of Right-of-Way for the Poudre River Trail among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Town of Windsor and Stanley and Sara Everitt, 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 16th day of August, A.D., 2004. BOARD OF COUNTY COMMISSIONERS �� W LD�COUNTY, COLORADO ATTEST: /,��j /�i'(/r'(,(.t X Robert D. Masden, Chair ounty Clerk to the Board EXCUSED saiffr,,, 77)\.,,a- William H. erke, Pro-Tem • Deputy Clerk to the Board M. G "le APP D AS_va • yam\ David . Lon C my Attorn$ Glenn Vaad Date of signature: Sr-W 2004-2434 PR0025 el ' `-b,q, �,� / can s, a,ti r O4-/y -o v AGREEMENT FOR REPLACEMENT OF RIGHT-OF-WAY FOR POUDRE RIVER TRAIL THIS AGREEMENT is entered into this J day of June, 2004, 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, Colorado, 80632, hereinafter referred to as "County", the Town of Windsor, State of Colorado, by and through the Town Board of Town of Windsor, whose address is 301 Walnut, Windsor, Colorado 80550, hereinafter referred to as "Town" and Stanley K. Everitt and Sara A. Everitt, whose address is 307 North Shores Circle, Windsor, Colorado 80550,jointly hereinafter referred to as "Everitt". WITNESSETH: WHEREAS, County desires to obtain the right to construct and maintain a pedestrian and non-motorized vehicular right-of-way(hereinafter referred to as the "Replacement Right-of- Way"), as part of the Poudre River Trail, across land owned by Everitt in Section 19, Township 6 North, Range 67 West of the 6th P.M. Weld County, Colorado, which is more specifically known as Lot B of Recorded Exemption Number 2622, Weld County Colorado, also known as 32235 Weld County Road 15, Windsor, Colorado ("Everitt's Property"). The Replacement Right-of- Way is depicted on Exhibit A; and, WHEREAS, Town reserved a Right-of-Way for the Poudre River Trail along the South 30 feet of Everitt's Property as a part of the Simpson Annexation Agreement and shown on the Simpson Annexation Plat recorded at Reception Number 2602756, March 30, 1987, of the Weld County Clerk and Recorder's Records (the "Reserved 30 Foot Right-of-Way"); and, WHEREAS, County, Everitt and Town have agreed that if the Town vacates the Reserved 30 Foot Right-of-Way, Everitt will grant the Replacement Right-of-Way to County under the terms and conditions stated herein. NOW, THEREFORE, in consideration of the premises and the following mutual covenants, the parties hereto have agreed as follows: 1. REPLACEMENT OF RIGHT-OF-WAY: Everitt agrees to grant to County the Replacement Right-of-Way in exchange for the Town vacating and quit claiming the Reserved 30 Foot Right-of-Way. The Replacement 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. Everitt understands and agrees that the Replacement Right-of- Way may also be used by police, emergency, and maintenance, motorized vehicles, and by mounted police, when necessary. The parties agree that the Replacement Right-of-Way shall consist of a strip of land, not less than thirty(30)feet wide, extending across Everitt 111111111111111111111111111111111111111III11111111liii RECORDER'S MEMORANDUM 3220573 09/20/2004 04:10P Weld County, CO THIS DOCUMENT WAS FOUND 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder TO BE INADEQUATE FOR SCANNING PURPOSES. property as generally shown on Exhibit A; however, the exact location and width of the Replacement Right-of-Way shall be mutually determined by the parties prior to the date of closing. County agrees to install a 3 rail fence(similar to what was installed along the Poudre River Trail to the West of the Replacement Right-of-Way) along the Replacement Right-of-Way and the portion of trail extending beyond the Replacement Right-of-Way in the Northeast Quarter of Section 30, Township 6 North, Range 67 West of the 6th P.M., to the extent that the Trail parallels the B.H. Eaton Ditch. 2. Everitt agrees to grant the Replacement Right-of-Way to County 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 place. Said Special Warranty Deed shall be executed promptly upon completion of a survey plat of the Replacement Right-of-Way, paid for by County, which shall show the exact location of the Replacement Right-of-Way and provide a legal description thereof. The parties further agree that said Special Warranty Deed may be recorded separately from this Agreement, but shall be subject to and shall not merge with the terms of this Agreement. Town shall quit claim to Everitt the Reserved 30 Foot Right-of-Way contemporaneously with the deed from Everitt to the Town for the Replacement Right of Way. 3. REFERRAL TO WELD ASSESSOR'S OFFICE: County agrees that upon closing, the Weld Assessor's Office shall be notified of the completed transaction and that the Replacement Right-of-Way is no longer owned or controlled by Everitt. 4. TRANSFER OF REPLACEMENT RIGHT-OF-WAY NOT CONSIDERED LAND- SPLIT: County acknowledges that the transfer of ownership of the Replacement Right- of-Way shall not be considered as a split of the property owned by Everitt, such that it neither violates the subdivision regulations of the County, nor does it create a separate remaining parcel. 5. CONSTRUCTION OF TRAIL ON REPLACEMENT RIGHT-OF-WAY: County shall be solely responsible for construction of the Trail on the Replacement Right-of-Way, including control over and safety of all workers. 6. ENTIRE AGREEMENT: The parties hereby agree that 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 whereof other than as contained herein. 111111111111111111111111111111111111111111111111 111 2 3220573 09/20/2004 04:10P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7. RIGHT TO POSSESSION: Although the date of the transfer of the Replacement Right- of-Way shall be the date of the delivery of the documents of conveyance, it is expressly agreed by the parties hereto that upon execution of this Agreement by County, Town and Everitt, County, its contractors, agents, employees, if any, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Replacement Right-of-Way, if deemed necessary by County for the purpose of construction or maintenance of said Replacement Right-of-Way, or by the public if said Replacement Right-of-Way is ready for conveyance by pedestrians or by non-motorized vehicles. However, no public access shall be granted along the Trail until the Trail is complete and the fence referenced in paragraph 1 above has been installed. 8. WARRANTY OF TITLE: Everitt warrants that it is the owner of the Replacement Right- of-Way and will defend title thereto against all claims. 9. TAX APPORTIONMENT: Everitt represents and warrants that all general taxes levied against the Replacement Right-of-Way prior to the year of transfer have been paid in full by Everitt. 10. 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. 11. 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. 12. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that 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. 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. 111111111111111111111111111111111111111III111111111IIII 3 3220573 09/20/2004 04:10P Weld County, CO 3 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. EVERITT: /C Staule K. Everitt n ct Co -ur Sara A. Everitt TOWN OF WINDSOR, a political subdivision of the STATE OF COLORADO / By ' . Edward R. Starck, Mayor of the Town of Windsor, +i�1.41. ATTEST: ��NRPO t� �C� c•.• 9 Clerk own of mdsor, C rado /P L 'o . ATTEST: CLERK TO THE BOARD OF BOARD OF COUNTY COMMISSIONERS Y COMMISSIONERS OF WELD COUNTY, ]F,Ads STATE OF COLORADO last V� By r y ado the Board Chairman At IIIIII 011111 11111 11111�I��I\IIIII 01110101 III 111101 Et 1111 3220573 09/2012004 4 of 5 R 0.00 D 0.00 Steve Moreno clerk P Weld & Recorder 4 1110 1E11 001 011 Ill 1111111IIIII 01 1111 Ell 1111 3220573 09/20/2004 O4:1OP Weld County, CO • 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder . r. to a EXHIBIT A 1 080719000059 i41Everitt Stanley K & Sara 4.3 Proposed Trail s X54 C OCSOTIS, COAN & STEWART, LLC ■ Attorneys And Counselors At Law Fred L. Otis flotis@ocslaw.com August 12, 2004 AUG13am 1 Mr. John P. Frey 011 Frey Korb Haggerty&Michaels WELD COUNTY L/ 318 Canyon Avenue, Suite 200 nr',r,srurrs OFFICE PO Box 2283 --�- Fort Collins, CO 80522-2283 RE: Poudre River Trail/Stanley K, Everitt and Sara A. Everitt Agreement for Replacement of Right-of-Way for Poudre River Trail Dear John: Enclosed are two originals of Agreement for Replacement of Right-of-Way For Poudre River Trail. Please forward to Bruce Barker after you obtained the Town of Windsor's signatures. Bruce, please send me a recorded original for the Trail's records. Thanks. Sincerely, Fred FLO:mas Enclo xc: /Mr. Bruce Barker Weld County Attorney 915 10th Street PO Box 758 Greeley, CO 80632 The Doyle Building, 1812 56'h Avenue, Greeley, Colorado 80634 Telephone: 970-330-6700 Fax: 970-330-2969 Metro: 303-659-7576 E-Mail: OCSLaw@ocslaw.com Hello