HomeMy WebLinkAbout971695.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR DONATION OF RIGHTS -OF -WAY FOR POUDRE
RIVER TRAIL WITH HALL-IRWIN CONSTRUCTION COMPANY AND AUTHORIZE
CHAIR TO SIGN
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 Rights -
of -Way 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 Hall -Irwin Construction
Company, 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 Rights -of -Way 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 Hall -Irwin Construction Company 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 4th day of August, A.D., 1997.
ATTEST:
Weld
BY:
bep
APPROV
unty Attor
ORM:
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
71e4
Georg E. Baxter, Chair
e
Dale K. Hall
EXCUSED
Barbara J. Kirkmeyer
W. H. Webster
971695
PR0014
(? C &CC; ' /-ra.LL - //zu n ) CR; f'�.J
51) 1
AGREEMENT FOR DONATION OF PROPERTY TO POUDRE RIVER TRAIL
EDUCATION BOARD
THIS AGREEMENT is made this 31st day of July, 1997 by and between Hall -Irwin
Construction Co., a Colorado corporation, whose address is 3026 4th Street, Greeley, Colorado
80631, hereinafter referred to as "Hall -Irwin," and the Poudre River Trail Education Board, a
Colorado non-profit corporation, whose address is UNC Laboratory School, Bishop Lear Drive,
Greeley, Colorado 80639, hereinafter referred to as "Education Board."
WITNESSETH:
WHEREAS, Education Board desires to establish a center for interdisciplinary learning that
will focus on the importance of history, science, economics, and aesthetics of the Cache la Poudre
River Corridor, to be referred to as "The Poudre Learning Center," and
WHEREAS, Education Board is in need of property lying close to the Cache la Poudre River
where The Poudre Learning Center shall be located, and
WHEREAS, Hall -Irwin owns the property described in the attached Exhibit "A," hereinafter
referred to as "Property," portions of which are subject to a mining lease with Weld County,
Colorado, and easements owned by Central Colorado Water Conservancy District, and
WHEREAS, Hall -Irwin wishes to donate the entirety of Property to Education Board for use
by Education Board as The Poudre Learning Center.
NOW, THEREFORE, the parties herein agree as follows:
1. Hall -Irwin agrees to donate to Education Board the entirety of Property.
2. Hall -Irwin agrees to grant the Property to Education Board by Quit Claim Deed, free and
clear of all encumbrances, but subject to the terms and conditions set forth in the "Lease
Agreement for Sand, Gravel, and Aggregate," by and between Hall -Irwin and Weld County,
Colorado, dated April 16, 1990, and recorded at Book 1266, Reception Number 2216105,
in the records of the Weld County Clerk and Recorder on June 6, 1990. Education Board
acknowledges that Weld County has a continuing right to mine sand, gravel, and aggregate
on the Property in accordance with the terms and conditions of said Lease Agreement. Hall -
Irwin hereby assigns all of its right, title, interest, requirements and responsibilities in said
Lease Agreement to Education Board, with the exception of the requirements and
responsibilities of Hall -Irwin which are set forth in Paragraph 9. of said Lease Agreement,
which Hall -Irwin acknowledges as being personal unto Hall -Irwin. Education Board
understands and acknowledges that all royalties or other payments required to be paid to
Hall -Irwin pursuant to said Lease Agreement have, as of the date of the signing of this
Page 1 of 3 Pages
2564571 B-1622 P-201 08/21/1997 09:02A PG 1 OF 4 REC DOC 974.695
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
Agreement, already been paid by Weld County to Hall -Irwin and Education Board shall have
no right to claim any interest in said royalties or other payments. Education Board further
acknowledges that the Property is subject to existing easements, as follows: a) Central
Colorado Water Conservancy District owns easements on the Property as defined in that
Easement Agreement dated March 10, 1995 and recorded in Book 1484, Reception Number
2431130, in the records of the Weld County Clerk and Recorder on March 22, 1995; and b)
Central Colorado Water Conservancy District owns easements on the Property as defined in
that Easement Agreement dated March 13, 1991, and recorded in Book 1293, Reception
Number 2244528, in the records of the Weld County Clerk and Recorder on March 20, 1991.
Education Board agrees to be bound by all the terms and conditions of said Easement
Agreements, and any amendments thereto, as if in the place and stead of Hall -Irwin.
3. Education Board agrees to pay costs of title insurance and recording fees, if such title
insurance is desired by Education Board.
4. 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.
5. Although the date of the transfer of the Property 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 Education Board and Hall -Irwin, Education Board, its contractors,
agents, employees, and all others deemed necessary by Education Board shall have the
irrevocable right to possess and use the Property, with the exception of those areas of the
Property now being mined or to be mined for sand, gravel and aggregate by Weld County,
Colorado, including all areas of Property necessary to accomplish the same, pursuant to the
terms and conditions of said Lease Agreement.
6. General taxes for the year 1997 for the Property shall be apportioned to the date of delivery
of the Quit Claim Deed, based on the most recent levy and the most recent assessment. Hall -
Irwin represents and warrants that all general taxes levied prior to such year have been paid
in full by Hall -Irwin.
7. The parties agree that the deed transferring the Property to the Education Board shall contain
the following language:
" ... for so long as said real property is used by the party of the second part, or another non-
profit corporation or government entity, for use only as The Poudre Learning Center, in
accordance with the exact terms, conditions, and statements set forth in the document
entitled: "Poudre Learning Center Master Plan," as written on the date of this deed. No other
Page 2 of 3 Pages
2564571 B-1622 P-201 08/21/1997 09:02A PG 2 OF 4
971695
uses of said real property shall be permitted. In the event of uses of said real property other
than as presently specified in the Poudre Learning Center Master Plan, without the prior
written consent of the party of the first part, title to said real property shall revert to the
Grantor upon reentry."
8. 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.
9. 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 create a duty of care with respect to any persons not a party to this Agreement.
10. All of the conditions, promises, and covenants stated herein shall be in full force and effect,
notwithstanding the conveyance of the Parcel by Quit Claim Deed as outlined herein, and
shall not merge with said Quit Claim Deed.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend
to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
HALL-IRWIN:
BY:
Bret Hall, Vice President,
Hall -Irwin Construction Co., a Colorado Corp.
POUDRE RIVER TRAIL EDUCATION BOARD
Ray Tsillard, President
TscI eel Di c -for
M:\ W PFILES\AGREE\FIALLDON.LDM
Page 3 of 3 Pages
2564571 B-1622 P-201 08/21/1997 09:02A PG 3 OF 4
971695
EXHIBIT "A
All that part of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) and all that part of
the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section Thirty-one (31),
which lies South of the Cache La Poudre River, all in Township Six (6) North, of Range Sixty-
six (66) West of the Sixth (6th) Principal Meridian, County of Weld, State of Colorado.
M:\WPFILESVAGREE\EXAHALL.DB
2564571 B-1622 P-201 08/21/1997 09:02A PG 4 OF 4
971695
52,
QUIT CLAIM DEED
THIS DEED is made this 31st day of July, 1997, between Hall -Irwin Construction Co., a Colorado
corporation, of the first part, and to the Poudre River Trail Education Board, a Colorado non-profit
corporation, whose address is UNC Laboratory School, Bishop Lear Drive, Greeley, Colorado
80639, of the second part.
WITNESSETH, that the said party of the first part, for and in consideration of the sum of,
$1.00 and other good and valuable consideration, to the said party of the first part in hand paid by
the said party of the second 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:
All of the real property and improvements described in the attached
Exhibit "A."
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, for so
long as said real property is used by the party of the second part, or another non-profit corporation
or government entity, for use only as The Poudre Learning Center, in accordance with the exact
terms, conditions, and statements set forth in the document entitled: "Poudre Learning Center Master
Plan," as written on the date of this deed. No other uses of the property shall be permitted. In the
event of uses of said real property other than as presently specified in the Poudre Learning Center
Master Plan, without the prior written consent of the party of the first part, title to said real property
shall revert to the Grantor upon reentry.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal
the day and year first above written.
es( onYdr2ste.41.44,)
OM 1
a;I
a O ret + , Vic: -President
STATE OF COLORADO
County of Weld
) ss.
HALL-IRWIN CONSTRUCTION CO., A
COLORADO CORPORATION
George Hal , resident
The foregoing instrument was acknowledged before me this 31st day of July, 1997, by
George Hall, President, and Bret Hall, Vice President, Hall -Irwin Construction Co., a Colorado
Corporation.
Witness my hand and official seal.
h • .
-or :.
My commission gxpires:Q d ¶ \ \�
M•\WPFILES\AGREE \HALLDEED`tl',
Q •
nw..„...,
99
2564572 B-1622 P-202 08/21/1997 09:03A PG 1 OF 2 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
S71695
EXHIBIT "A
All that part of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) and all that part of
the Southeast Quarter of the Northeast Quarter (SE1/4 NE1/4) of said Section Thirty-one (31),
which lies South of the Cache La Poudre River, all in Township Six (6) North, of Range Sixty-
six (66) West of the Sixth (6th) Principal Meridian, County of Weld, State of Colorado.
M: \ W PFILES\AGREE\EXAHALL.DB
2564572 B-1622 P-202 08/21/1997 09:03A PG 2 OF 2
9`"? 695
973
AGREEMENT FOR DONATION OF RIGHTS -OF -WAY FOR POUDRE RIVER TRAIL
THIS AGREEMENT is made this 31st day of July, 1997 by and between Hall -Irwin
Construction Co., a Colorado Corporation, whose address is 3026 4th Street, Greeley, Colorado
80631, hereinafter referred to as "Hall -Irwin," and the County of Weld, a body corporate and politic
of the State of Colorado, by and through its Board of County Commissioners, hereinafter referred
to as "County."
WITNESSETH:
WHEREAS, County is working cooperatively with the Poudre River Trail Advisory Board
and adjacent landowners along said Trail to acquire various rights -of -way and easements for use by
pedestrians and non -motorized vehicles as part of said Trail, and
WHEREAS, Hall -Irwin owns the property described in the attached Exhibit "A," and
WHEREAS, County wishes to acquire rights -of -way across the property described in Exhibit
A for use by pedestrians and non -motorized vehicles as part of said Trail (including use by
motorized vehicles by police and maintenance personnel), and
WHEREAS, Hall -Irwin wishes to cooperate with County by donating said rights -of- way.
NOW, THEREFORE, the parties herein agree as follows:
1. Hall -Irwin agrees to donate to County and County agrees to accept the rights -of -way
described in Exhibit "A," hereinafter referred to as "Rights -of -Way." Said Rights -of -Way
shall be used by the public and maintained by County for the purpose of conveyance by
pedestrians and non -motorized vehicles.
2. Hall -Irwin agrees to grant the Rights -of -Way to County by a Deed of Dedication, in the form
attached hereto as Exhibit "B," free and clear of all encumbrances.
3. County agrees to pay costs of title insurance and recording fees, if such title insurance is
desired by County.
4. 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.
Page 1 of 3 Pages
2564573 B-1622 P-203 08/21/1997 09:03A PG 1 OF 6 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
'771695
5. Although the date of the transfer of the Rights -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 and Hall -Irwin, County, its contractors, agents, employees, and
all others deemed necessary by County shall have the irrevocable right to possess and use
all of the Rights -of -Way, if deemed necessary by County for the purpose of construction or
maintenance of said Rights -of -Way, or by the public if said Rights -of -Way are ready for
conveyance by pedestrians or by non -motorized vehicles.
6. General taxes for the year 1997 for the Rights -of -Way shall be apportioned to the date of
delivery of the deed based on the most recent levy and the most recent assessment. Hall -
Irwin represents and warrants that all general taxes levied prior to such year have been paid
in full by Hall -Irwin.
7. Hall -Irwin reserves an undesignated easements across said Right -of -Way for the purpose of
allowing access, including by motorized vehicles, to its property located in Section 31,
Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, as conveyed to
the Grantor by warranty deed and recorded at Book 1181, Reception Number 2126246 in the
Office of the Weld County Clerk and Recorder. Said access easements shall allow crossing
the Right -of -Way north from Weld County Road (WCR) 62.25 and west from WCR 25.
Grantee understands that Grantor intends to develop its retained property. The Right -of -Way
granted by this Agreement does not and shall never be interpreted to mean that the Grantor,
and its assigns, may not cross the Right -of -Way as a means of access to the retained property
in any location it desires.
8. Although said Rights -of -Way shall be dedicated and designated for use by the public for
conveyance by pedestrians and non -motorized vehicles, motorized vehicles used by police
and maintenance personnel shall be excepted from this limitation on use.
9. 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.
10. 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 create a duty of care with respect to any persons not a party to this Agreement.
11. All of the conditions, promises, and covenants stated herein shall be in full force and effect,
notwithstanding the conveyance of the Rights -of -Way by Deed of Dedication and
Acceptance, as outlined herein , and shall not merge with said Deed of Dedication and
Acceptance.
Page 2 of 3 Pages
2564573 B-1622 P-203 08/21/1997 09:03A PG 2 OF 6
971695
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend
to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
HALL-IRWIN:
ATTEST
CLERK
COUNT
BY;
Deputy Cler to the Board
M:\W PFILES\AGREE\BRETDON.LDM
Bret Hall, Vice President, Hall -Irwin Construction
Co., a Colorado Corporation
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
BY:
Georg . Baxter, Chairman
Page 3 of 3 Pages
2564573 8-1622 P-203 08/21/1997 09:03A PG 3 OF 6
EXHIBIT A
The south forty (40) feet and the west forty (40) feet of the following described property:
The Northwest Quarter of the Northwest Quarter (NWYNW'/4), the South Half of the Northwest
Quarter (S'/ZNW'/4), the North Half of the Southwest Quarter (N''S W'/4), the Northwest Quarter of
the Southeast Quarter (NW1/4 SE1/4), and the Southwest Quarter of the Northeast Quarter (SW1/4
NE1/4) of Section Thirty-one (31), in Township Six (6) North, of Range Sixty-six (66) West of the
6th P.M., County of Weld, State of Colorado.
EXCEPTING therefrom that portion conveyed to the County of Weld by Deed recorded March 18,
1916 in Book 429 at page 512, Weld County Records, being a strip of land 30 feet wide along the
Western boundary of the NW1/4 of the SW1/4 and the W1/2 of the NW1/4.
ALSO EXCEPTING therefrom that portion of the W1/2 of the NW1/4 /4 as conveyed to A. B. Owen
by Deed recorded January 7, 1941 in Book 1072 at page 600, Weld County Records.
ALSO EXCEPTING therefrom that portion of the SW1/4 of the NE1/4 as conveyed to Von Trotha
Brothers, Inc., by Deed recorded July 25, 1957 in Book 1482 at page 236, Weld County Records.
M:\W PFILES\AGREE\EXABRET.LDM
2564573 B-1622 P-203 08/21/1997 09:03A PG 4 OF 6
971695
EXHIBIT B
DEED OF DEDICATION
KNOW ALL MEN BY THESE PRESENTS that Hall -Irwin Construction Co., a Colorado
corporation, whose address is 3026 4th Street, Greeley, Colorado 80631, Grantor, being the owner
of the property in Weld County, Colorado, which is described in the attached Exhibit "A," does
hereby dedicate forever said property as Rights -of -Way, to be used by the public and maintained by
the County of Weld, a body corporate and politic of the State of Colorado, pursuant to C.R.S. § 43-2-
201(1)(a), for conveyance by pedestrians and non -motorized vehicles, and by motorized vehicles by
police and maintenance personnel . Grantor reserves undesignated easements across said Rights -of -
Way for the purpose of allowing access, including by motorized vehicles, to its retained property
located in Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado,
as conveyed to the Grantor by warranty deed and recorded at Book 1181, Reception Number
2126246 in the Office of the Weld County Clerk and Recorder. Said access easements shall allow
crossing the Rights -of -Way north from Weld County Road (WCR) 62.25 and west from WCR 25.
Grantee understands that Grantor intends to develop its retained property. The Rights -of -Way
granted by this Agreement does not and shall never be interpreted to mean that the Grantor, and its
assigns, may not cross the Rights -of -Way as a means of access to the retained property in any
location it desires.
Bret Hall, Vice President, HALL-IRWIN
CONSTRUCTION CO., a Colorado
Corporation
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 31st day of July, 1997, by Bret
Hall, Vice President, HALL-IRWIN CONSTRUCTION CO., a Colorado Corporation.
Witness 40* cial seal.
=° DIANE K n
4;.4%,,
BECKMAN
My com ', :. � /1J-7-a-000
My Comm. Expires Oct 7.2000
Notary Public
2564573 B-1622 P-203 08/21/1997 09:03A PG 5 OF 6
971695
ACCEPTANCE
The County of Weld, a body corporate and politic of the State of Colorado, by and through
its Board of County Commissioners, hereby accepts the above dedication of property as Public
Rights -of -Way or a Public Highway, pursuant to Colorado Revised Statute § 43-2-201(1)(a).
-f-
Datedthis 3/ s day of CT -e. , 19q'7.
ATTEST:
CLERK T
COUNTY
THE CO
BY:
Deputy
STATE OF COLORADO
COUNTY OF WELD
COUNTY OF WELD, A BODY CORPORATE
AND POLITIC OF THE STATE OF
COLORADO
BY:
Georg E. Baxter, Chairman, BOARD OF
COUNTY COMMISSIONERS OF THE
COUNTY OF WELD
) ss.
The foregoing instrument was acknowledged before me this 31st day of July, 1997, by
George E. Baxter, Chairman, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD.
Witness my hand and official seal.
My commission expires:
M:\ W PFILES\AGREE\EXBBRET.LDM
2564573 B-1622 P-203 08/21/1997 09:03A PG 6 OF 6
371695
Hello