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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 Y-- . .RI (LO WIDE) n11 ( w l w I O _ S a) ° e 22 * � 23 pM 24 pM p ° ° ♦ -,td-- ° 6.883 AC.+/- c ° 6.904 A C.+/- m °' CC 6.793 AC. /- m m 1 z i II iI H 0 ° H I OD a it I I H J ', W (SET I/2°IRON PIN I I h • 3 I W/ALUM CAP IM 1•-15 In UTILITY .1 I EASEMENT —o4 10' 314.81'— 1 319.00'— 320.00—\--I L-/ �,LJ a-- APACHE -17.73.05 ROAD- '° N 00°12'49"E )_ I — 318.54'-- II — 319.00 -, I r.00'— — - UTILITY EASEMENT si I }* UTILITY I EA O 10;_,. !I 10' --PIA-.+- 1O / OUTLOT C I I I CO 1 r icy U) 491 I 4 (1.0 WIDE ) 4 cn I -_ t _ � 16 • 1 17 =- -� � ; 15 °i + N 6.946 AC.+/- 0° 6.275 AC.+/- Qp' a 6.952 AC. /- u a N I m l 6 I- 3 � ' W I I 11 w l coN �_m Nag • H w l O . W m ° ' II a co p 3 o a w w 0 0 w w I :N II 4 U �- n y N M cr z o 1- I I a m ` may m'II 1- mill - Z 315.03 Ni- N',I I p I \> � N00°34'03"W L L -p } — 328.64'-- '� r— ID' [ NW COR.WI/2 _ — 16,56'— 296.46' 0 SW 1/4,SW 1/4 U�• N00°57'16 E-615.01 - .� A 665.03' o SE 1/4 SEC. 17. 10'-44 ,..- UTILITY EASEMENT - 10�{ -1. i..-101 to ID I 1 N M 4.628 AC. +/- a o W r r; p 5 Nod �� I �(WI/2 SWI/4 SW I/4 SE I/4 SEC. 17) r^ w o7----\\ 1 ti o �5o I z J t` �1 ' �UTI LITY EASEMENT II z F N a \ 664.46 6 - ° . <42 a 0-^z "` = Q5'59"W 814_44' ��O 5.443 AC.+/- m 1 N `�z — �..-I.o -- 614.44 — '� NE COR.WI/2 = N co . — m SWI/4 SWI/4 I - o CVO. - "',5--OUTLOT B I N SE 1/4 SEC. 17 Inaow ole (I.0' WIDE) _ M ----I- ; Nr N (� m O `- 4N ,n N 4.421 AC. +/- 2 z 9201 . ( 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 1 ( co =. - L �: C • O m in N I ' aW 0A 7 .. ¢m x N I ND j O E .* ,O S. s F. w ❑ o m o Y n i U in O I = E m O LL i/7 CT O • O u m U- U r CC i N �1 ) a ;° N I i In ¢ 2 p a a W ❑ ¢ n .^ T 1 ((�� dI14 m O • < a W I J w y 'o .- a N ^ 1.J� a z O c o a N K UJ _ NJ O T a W � ILLI W F Z �` J h -3 Z m !� cn U W W 2 IL T9 � 0- Ill - wIX I N w 2• D eUm W J 0. ... 0 v d R V CC UwOx J 7 O a '� W L1JN xa ` aO N W �) 0 a 0 m c ..� N NI 1a ¢ w -. ¢ x .0 a w W w �.. W F . W 3 a 0 a xi-) �U 6 gG Z. 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L •Tj M C m is ° q I - 3 6 � a r F o r avi • fi V o o b - ' x • -0 .v. t v w 6 u U H O CO -4-) W U2 (-4 'g •0 a Ti I N O o O ¢ O v a o Y O I U >...E., v cal p N Q '9 5 ` o d I i CO El VI Y C1ti p 0) p a k 0:1 cn y o :D et 1 = O `3 ii N it rd Oua 5 ° `o a ODcci a V '' 0 OoA " •o a QkJ. O O N UU1. d o .� I.: -o . Y v0 N CD c`.51- u ;'1 as O C.) Q a U CC .o p >, V i H v N a W a H C F a °1 - o F U ¢ m o •• m �i D i — w w a U CCI) p a 0 n m 03C.L. .' y� i._ CO W O 1i O i I U C..) > ° E Y .. — ..... OW v a _ LL O U >0 7 mH in re)W • CID Z' O N v ,yy ÷) w CJ L I OS C=a_ _ c W T Y -O Y 0 ivy 1_i O , ,4�!J! O d 1. 3 'F'., r.1) .N 4J G V W R" .0 v ) o t, ' i W m k N y 0 U [ v T B o N / J :1 z w LL C ° ;; . VI w M r. DO v n W m- v❑ a' L H O w H �! a W .. f T4-3 W X e , i v • o „ W y P a 0w E ;` �. Z ~� v LS t J Zqr s o Q v y '5 V y o � o / y •µd o • f aCU CO w Y (V N a c V a s Or yF4-'u " > a Z c ro c u - r rn O5 > v .,i o • rrt C, O LT-, or U .v. ha . . Ill VD U O F cos u E o -P w W Q 4 t D v • co W3 v I E. y oa ° o d qq V e'a b Q W .D U 7 U a H u1 a Ce w g U 4 Q y § . �y u FA m . 3 _0Y j F 00 4 ) ) 930_ • 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 �Irityl Hello