HomeMy WebLinkAbout930126.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DONATION OF REAL ESTATE INCLUDING LAND AND ALL
IMPROVEMENTS TO WELD COUNTY, COLORADO, BY CONRAD E. SCHUBERTH
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
Real Estate Including Land and All Improvements between Conrad E. Schuberth, and
the County of Weld, by and through the Board of County Commissioners of Weld
County, Colorado, and
WHEREAS, said property is described as Outlot C in Casa Grande Estates,
First Addition, being more particularly described in Exhibit "A" of said
agreement, a copy of which is attached hereto and incorporated herein by
reference, and
WHEREAS, it is the policy of Weld County to formally accept all donations
via Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the donation of real estate by Conrad E. Schuberth be, and
hereby is, accepted.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 3rd day of February, A.D. , 1993.
BOARD OF COUNTY COMMISSIONERS
ATTEST a ����� WEL COUNTY, COLORADO
44 Weld County Clerk to the Board 6-7} 7wK -¢�= `
Constance L.
arbert,° Chairman
BY: 4� ,, /)lf% \I e./ l/2)LL /
Deputy Cle to the B W. H. bster, Pro- m
APPROVED AS FORM:
orge E Baxter
i
County Attorney Dal K.
Hall
GS,I/dtA1L.�L./ e/./A.ez oil
arbara J. Kirkmeyer I,
930126
IQD h,n hl ri : .Rr 11 ;a /k%nt
AGREEMENT FOR DONATION OF REAL ESTATE
AR2321Shil INCLUDING LAND AND ALL IMPROVEMENTS
THIS AGREEMENT, made at Greeley, Colorado this 24- A day of
JANu/- R , 1993, by and between Conrad E. Schuberth,
hereinafter referred to as "First Party, " and the County of Weld,
a body politic and corporate of the State of Colorado, by and
through the Board of County Commissioners of Weld County, Colorado,
o v hereinafter referred to as "Second Party. "
0
O WITNESSETH:
o
A In consideration of the mutual promises and covenants
o w contained herein, First Party agrees to donate to Second Party all
o of the real property and any and all improvements located thereon
o a as described in the attached Exhibit "A" .
oThe agreement for the donation of said property is subject to
w the following conditions :
Cna
.. 0 1 . The real property described in the attached Exhibit "A"
is property upon which is located adjacent to Weld County
a Road 15 . The donation of said property is accomplished
in lieu of condemnation. The parties agree that no
rn compensation shall be paid by Second Party for the
z receipt of title to the property described in the
attached Exhibit "A" , but the parties agree that the
N F approximate value of said property is $420 .
om
W 2 . First Party shall furnish to Second Party a quit claim
deed for the property described in Exhibit "A" . Neither
party shall be required to purchase title insurance for
m z the property described in Exhibit "A" .
N R4
3 . General taxes on the property described in Exhibit "A"
CJ a for the year 1993, if any, shall be apportioned to the
date of delivery of the deed, based upon the most recent
ono levy and the most recent assessment.
(- o
n
4 . The date of exchange of the property described in Exhibit
m w "A" shall be the date of delivery of the Deed. The hour
and place of closing shall be agreed to by each party.
5 . Possession of the property described in Exhibit "A" shall
be delivered to Second Party upon closing and shall not
be subject to any leases or tenancies .
6 . The parties hereto represent and warrant as of the date
hereof and as of the date of the closing that neither the
execution of this agreement nor the consummation of the
transaction provided for herein constitutes, or will
result in, any breach of any of the terms, conditions, or
provisions, or constitute a default under any indenture,
930126
charter, by-law, mortgage, loan agreement, lien, lease,
license, judgment, decree, order, instrument, or other
verbal or written agreement to which First Party is a
party of or is subject to, or to which the property is
subject, except as may be provided for herein.
7 . All of the conditions stated herein shall be in full
force and effect, notwithstanding the conveyance of said
parcel by quit claim deed, and shall not merge with said
quit claim deed.
IN WITNESS WHEREOF, the parties hereto have subscribed their
names this 2-9 -f 4 day of .T4-/1/C/A-8_ r , 1993 .
FIRST PARTY:
Conrad
Schuberth
edrAttez
SUBSCRIBED AND SWORN to before me this day of
•-4,.m. , 199 - .
WITNESS my hand and official seal .
Notary PublIi-e . 424..-
91-S 10th St. , Cr. . oy, .CO 7
-r t
My commission expires: = r
OWriN•44•04441frannWANNVONan ..•!4
+ 5 a
"OFFICIAL SEAL"
ATTEST: �,.•'� •r;°
BRUCE U. LONGANECKER SECOND PARTY: 7n��•��G
Notary Public Cook County, Illinois „
Weld C n a 99. d Weld County, Colorado, by
and through the Board of
County Commissioners of
la tq �"Uv Weld unty
BY: g 'rr ) BY: G'
Deputy eT]S,, t Jhe Boar Constance Harbert, Chair
...,., 'l J , (MY ILVog423
donatsch.gjb
B 1370 REC 02321560 02/11/93 15 :49 $0 .00 2/004
F 1007 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
930126
EXHIBIT " A "
Outlot C of Casagrande Estates, First Addition, as shown
on the plat map recorded in the Office of the Weld County
Clerk and Recorder at Book 666, Reception Number 1588467 .
B 1370 REC 02321560 02/11/93 15 :49 $0 .00 3/004
F 1008 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
930126
QUIT C]eLAIM DEED
THIS DEED, Made this Z-5'44 day of�/4�U�9�'`/ , 19 1 3 ,
between Conrad E. Schuberth, whose address is 25O2 N. Clark Street,
Chicago, Illinois 6O614, of the first part, and the County of Weld,
a body corporate and politic of the State of Colorado, whose
address is 915 Tenth Street, Greeley, Colorado 8O631, of the second
part.
WITNESSETH, That the said party of the first part, for and in
consideration of the good and valuable consideration, to the said
party of the first part, the receipt whereof is hereby confessed
and acknowledged, has remised, released, sold, conveyed and QUIT
CLAIMED, and by these presents does remise, release, sell,convey
and QUIT CLAIM unto the said party of the second part, its heirs,
successors and assigns , forever, all the right, title, interest,
claim and demand which the said party of the first part has in and
to the following described lots or parcels of land situate, lying
and being in the County of Weld and State of Colorado, to wit:
Outlot C of Casagrande Estates, First Addition, as shown
on the plat map recorded in the Office of the Weld County
Clerk and Recorder at Book 666, Reception Number 1588467 .
TO HAVE AND TO HOLD the same, together with all and singular
the appurtenances and privileges thereunto belonging or in anywise
thereunto appertaining, and all the estate, right, title, interest
and claim whatsoever, of the said party of the first part, either
in law or equity, to the only proper use, benefit and behoof of the
said party of the second part, heirs and assigns forever.
IN WITNESS WHEREOF, The said party of the first part has
hereunto set its hand and seal the day and year first above
written.
Signed, Sealed and Delivered )
in the Presence of )
) (ffik-A-oila •411-e4,141:
Conrad E. Schuberth
STATE OF ILLINOIS )
ss .
County of Cook )
The foregoing instrument was acknowledged before me this
`•f-n T' day of Maw 19 i- , b Cm ,c•i
jcNA\,,ev-i\-, v "'°
"OFFICIAL SEAL"
My commission expires : BRUCE D. LuNGunty, I<ER
p Npfary Pu61ic Cook County, Illinois
My C:mniesl.-.m Expires Oct. 2, 1993
Witness my hand and of is '31, day of
�,. • , A.D. , 19 ?"% •
1 i1
BAR
_ -
.,•. '"
U�1� ,,
B 1370 REC 02321560 02/11/93 15:49 $0 .00 4/004 i i26
F 1009 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
(.
BOARD OF COUNTY COMMISSIONERS
REVIEW/WORK SESSION REQUEST
DEPARTMENT: COUNTY ATTORNEY DATE: January 14, 1993
PERSON REQUESTING: Bruce T. Barker, Assistant Weld County Attorney
Brief description of the problem/issue:
On January 12, 1993 , I received a letter from Conrad Schuberth
regarding his proposed donation to Weld County of property located
in Casa Grande Estates, First Addition. The property is known as
"outlot C. " The attached map shows in red where the property is
located. It borders along Weld County Road 15 . The property is
one foot in width.
It is my understanding that outlot C in Casa Grande Estates, First
Addition, was created so as to provide a barrier to any one who
purchase lot 17 from having access onto Weld County Road 15 .
Mr. Schuberth received the property by Quit Claim Deed on February
8, 1982, from CCR Associates . CCR Associates received the property
by Tax Deed.
Mr. Schuberth would like to donate outlot C to Weld County. He
does not desire to keep the property, because it is more than a
nuisance than anything else. He never looked to see what the
property entailed prior to its purchase. Outlot C provides no
useful purpose other than creating the barrier to Weld County Road
15 . According to Mr. Schuberth, it makes sense for Weld County to
have the outlot C so as to increase the width of the right-of-way.
What options exist for the Board?
There are two options for the Board. First, the Board may reject
the donation. Second, the Board may accept the donation for right-
of-way purposes .
Recommendation to the Board:
I recommend that the Board accept the donation of outlot C from Mr.
Schuberth. If the Board approves of this idea, I will prepare a
Quit Claim Deed for Mr. Schuberth to sign. I will sign it to him,
get his signature, and then put the matter on a regular meeting
agenda for the Board to formally accept the donation.
BTB/db
Attachment
930126
Initial :
Approve Schedule
Recommendation Work Session Other
Baxter
Hall r/
Harbert L//
Kirkmeyer t�
Webster ��
wsrschub.db
1
930126
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CONRAD E. SCHUBERTH
2502 N. CLARK ST.
CHICAGO, ILLINOIS 60614
Ph. (312)248-3343 FAX (312) 248-0913
rD) F,17?,_ - 5 ,i
! ''y.__ _. T J l
_ U
LLD COUNTY
I _ATTORNEY'S OFFICE
January 6, 1993
Bruce Barker
Board of County Commissioner
of Weld County Colorado
P.O. Box 758
Greeley, CO 80632
RE: 1 CA-OC Outlot C
Dear Bruce:
As per my recent conversation with you, I would like to donate to Weld County the
following property:
1 CA - OC Outlot C
Casagrande Estates 1st Addn.
Sincerely,
C ,c-cle (0 4 iii
Conrad E. Schuberth
CES/mw
930126
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AR1862607
D 0960 REC 01882607 02/10/02 08 : 5a $3.00 1 /001
MARY ANN FEUERSTEIN, CL..ERIC & RECORDER , WELD COUNTY , CO
RECORDER'S STAMP
THIS DEED, Made this clay of Fe8fiUIGe,Y .1482_
between C , cr Assoc/A-res
of the County of COOK and state of
€ 4...4o,of the first part,and (CL/Alo/f
coNRRo e. Scf}u4egrH
whose legal address is q3S a", u/eas TM
of the County of COOK and state of /6.(.,/n/O/,f 6'06 V
Colorado,of the second part.
WI•fNESSETH,That the said part of the first. part.for and in runsiderntinn of the sum of
DOLLARS,
to the said part of the first part in hand paid by the said part of the second part.the receipt whereof
is hereby confessed and acknowledged. ha remised, released, sold, conveyed and QUIT C1.A IMED, and by these
presents do remise,release,sell,convey and QUIT CLAIM unto the said part of the second part, heirs,
successors and assigns,forever,all the right,title,interest,claim and demand which the said part of the first part
ha in and to the following described lot or panel of land situate, lying and being in the County
of w6cp and State of Colorado,to wit:
OGTLET G C ACA GRANPg CS-r&-r 5 (PT MON.
( fag j ITLE riMPoief ono -'
also known as street and nuwher
TO HAVE AND TO HOLD the same, together with all and singular the : pportenanees and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate. right, title, interest and claim whatsoever, ofthe
said part of the first part,either in law or equity. to the only proper use,benefit and hehoof of the said part of
the second part, heirs and assigns forever.
IN WITNESS WHEREOF.The said part of the first part ha hereunto set hand
and seal the day and year firm above written.
Ct C. R, ASS0G/H 1e-r ISF:nI,t
Signed,Sealed and Delivered in the Presence of
S u P -�SEALI
Cc97_r,
l?/i� 9 Y coot AD E. c N°Segue H
i
l ��/f/ -------- -_ __,SEAL.,
14' ',•u _ /e-er--ew —
STATE O F'HH{st'rRh-FYfl,
1ss.
County of CooK /f
The foregoing instrument was acknowledged before me t.his S� clay of //dzir--°'`-%
19 f Yby' /r 1eR-`^eP.�il.f s.N n.'a
My commission expires a..0 .0 / . 19 gs 5ritness my hand and official seal. �vn� a1•�2
� •U: •r1 -' i
11
/14(4W---11 . •
P r 6 a •
n •. 'Sem Air
�. ......1.••f
930126
__________
No.933. QUIT Ct.A IM DEEP,Bradford Publishing. .M15 Wes,44th Annie,Golden.Colorado 10401 1)031371'P'•' —&X0
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