The URL can be used to link to this page

Home My WebLink About4.0 Settlement and Release with RFTASETTLEMENT .AGREEMENT AND RELEASE This Settlement Agreement and Release ("Agreement") is entered into this 0day of August, 2018, by and between Roaring Fork Transportation Authority ("RFTA") and Richard Y. Neiley, Jr. and Maria E. Maniscalchi ("Homeowner"). RECITALS WHEREAS, RFTA is the owner of the former Denver Rio Grande Western Railway ("DRGW") Aspen Branch right of way that extends from Glenwood Springs to Woody Creek ("the ROW"); WHEREAS, ,the DRGW acquired segments of the ROW by grant from the federal government pursuant to the 1875 General Right of Way Act and other segments through deeds; WHEREAS, DRGW conveyed the ROW to RFTA's predecessor in interest, Roaring Fork Railroad Holding Authority ("RFRHA") by Bargain and Sale Deed on June 28, 1997 and recorded July 3, 1997 at Book 1024, Page 600 of the Garfield County Clerk and Recorder; WHEREAS, Homeowner is the owner of Parcel218536313001of the Neiley/Maniscalchi Plat recorded on May 7, 2013, as Reception No. 834944 (aka 083371), ("the Lot"); WHEREAS, according to a property survey ("the Survey") completed by Farnsworth Group, Inc. for RFTA and deposited with the Garfield County Surveyor on or about December 15, 2008 at Reception No. 787, a portion of the Lot including houses and/or out buildings were constructed within the ROW granted pursuant to the 1875 Act as depictedby the orange shaded portion of Exhibit A attached hereto; WHEREAS, Homeowner disputes the Survey or claims a superior right to the portion of the Lot shown by the Survey to be within the ROW; WHEREAS, Homeowner claims that the Survey has created a cloud on their title to the Lot; WHEREAS, RFTA and Homeowner wish to resolve their differences and enter into this Agreement on the terms set forth herein; AGREEMENT NOW THEREFORE, for the consideration of the mutual promises and the exchange of properties set forth herein, the sufficiency of which is hereby acknowledged, RFTA and Homeowner agree as follows: 1. Within thirty (30) days of the execution of this Agreement, RFTA agrees to delivery to Homeowner in substantially the form attached hereto as Exhibit A a Bargain and Sale Deed for the parcel attached hereto. 2. Upon receipt of RFTA's Bargain and Sale Deed for the parcel set forth in paragraph 1 above, Homeowner shall deliver to RFTA in substantially the form attached hereto as Exhibit B, a Bargain and Sale Deed to the right-of-way adjacent to the RF TA parcel attached hereto including any right, claim, or interest Homeowner has or may have in the future to any portion 1 of the ROW lying adjacent to Homeowners' property. 3. Upon receipt of the Bargain and Sale Deed from RFTA, Homeowner agrees to release RFTA, its Members, agents, surveyors, attorneys, successors and assigns, from any and all claims of any kind related to the Survey and RFTA's ownership of the ROW. 4. The covenants, terms, conditions, and agreements of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, executors, successors and assigns, and shall be specifically enforceable 5.This Agreement constitutes the entire agreement of the parties and supersedes all prior discussions, negotiations, understandings, or agreements related to the conflicting claims of ownership of the Lot and the ROW, all of which are merged herein. 6. The interpretation and perfoiniance of this Agreement shall be governed by the laws of the State of Colorado. 7. Should either party institute any action or proceeding to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive all costs and expenses including reasonable attorney's fees and disbursements incurred by such prevailing party in connection with such action or proceeding. 8. This Agreement may be executed in any counterparts, each of which when so executed shall be deemed an original and all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered as of the date first above written. 2 Richard Y. Neiley, Jr. ar). E. Maniscalchi STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me thil h day of August, 2018, by Richard Y. Neiley, Jr. and Maria E. Maniscalchi_as Owners of the Lot. ss ROARING FORK TRANSPORTATION AUTHORITY By: pavvA014.1 Name: Dan Blankenship Title: RFTA - CEO My Commission expires: 0) J 5 Jc O& Witness my hand and official seal. NICOLE R SCHOON Notary Public State of Colorado Notary ID # 20174007100 MY Commission Expires 02-15-20211 STATE OF COLORADO ) COUNTY OF GARFTFLD ) ss Notary Public Address: The foregoing instrument was acknowledged before me this lath day of August, 2018, by Transportation Authority. as C1�t' [.u,Vw2 aCkcize, My Commission expires: al 1 S fo2CY-) Witness my hand and official seal. NICOLE R SCHOON Notary Public State of Colorado Notary ID # 20174007109 My Commission Expires 02-15-2021 3 of Roaring Fork Notary Public Address: BARGAIN AND SALE DEED THIS BARGAIN AND SALE DEED made this 1 046 day of August, 2018, between the Roaring Fork Transportation Authority whose address is 0051 Service Center Drive, Aspen, Pitkin County Colorado, 81611 (hereinafter "Grantor") and Richard Y. Neiley and Maria E. Mani scalchi, as joint tenants, whose address is 4412 County Road 154, Glenwood Springs, Garfield County, Colorado 81601 ("Grantee"); WITNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells and conveys to the Grantee, its successors and assigns, the following real property in the County of Garfield, Colorado, to wit: See Exhibit A attached hereto. TO HAVE AND HOLD the same, together with all its appurtenances and privileges thereunto belonging. EXECUTED as of this STATE OF COLORADO ) ) ss. COUNTY OFArtc-She., A ) day of August 2018. Acknowledged, subscribed and by .n Ov+&ai •3 Authority. ROARING FORK TRANSPORTATION AUTHORITY By: Name: Title: 1(amkm . �Iti►�I�rs c f v -f eve sworn to before me this ,,b day of , 2018,, , as .1. ' �'t ' is .,. ing For ransportation WITNESS my hand and official seal. (SEAL) NICOLE R SCHOON Notary Public State of Colorado Notary ID # 20174007109 My Commission Expires 02-15-2021 My Commission expires: ! 15 100z Notary Public PARCEL DESCRIPTION RFTA FEDERAL GRANT RIGHT OF WAY IN GOV'T LOT 2, SECTION 36, T6S, R89W, 6th PM EXHIBIT A July 27, 2018 A Parcel of Land being a portion of ICC Parcel 6 of the former Aspen Branch of the Denver and Rio Grande Western Railroad (D&RGW RR) Company Right of Way (ROW) described in deed recorded 7/03/1997 at Reception No. 510445, in Book 1024, Page 600, and the Correction Bargain and Sale Deed recorded 9/09/2008 at Reception No. 755399 in the records of Garfield County, State of Colorado, situated in Government Lot 2, Section 36, Township 6 South, Range 89 West of the Sixth Principal Meridian, in Garfield County, Colorado, that portion of said ROW in said Government Lot 2 being a strip of land, 200 feet in width, lying 100 feet on each side of the original surveyed centerline of said Aspen Branch ROW, said Parcel of Land described as follows: The southwesterly 50.00 feet of that portion of the Roaring Fork Transportation Authority (RFTA) railroad right of way property, as successor to the Roaring Fork Railroad Holding Authority, described in the above said deeds recorded at Reception No's. 510445 and 755399, lying within said Government Lot 2 in said Section 36. This description was calculated from the Railroad Right of Way Survey prepared by Farnsworth Group, last revised 12/02/08 and recorded at Reception No's 784 through 789 in the records of said Garfield County. Please refer to said Railroad Right of Way Survey for additional information and boundary detail. The above description was prepared by David C. DiFulvio, LS# 16401 For and on behalf of FARNSWORTH GROUP, INC. 5613 DTC Parkway, Suite 1100 Greenwood Village, CO, 80111 303-692-8838. Page 1 of 2 EXHIBIT A 1 0 50 100 SCALE: 1"=100' U.S. SURVEY FEET SOUTHWESTERLY 50' PARCEL Gov't Lot 2 SW 1/4, SECTION 36, T6S, R89W, 6TH P.M. SOUTH LINE OF GOV'T LOT 2 Gov't Lot 11 tS SE 1/4, �'I SECTION 35, L T6S, R89W, 6TH P.M. r°& NOTES: 1. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 2. FOR ADDITIONAL INFORMATION, PLEASE REFER TO THE RAILROAD RIGHT OF WAY SURVEY PREPARED BY FARNSWORTH GROUP, LAST REVISED 12/05/08 AND RECORDED AT RECEPTION NO'S 784 THROUGH 789 IN N. THE RECORDS OF GARFIELD COUNTY. 3. FEDERAL GRANT RIGHT OF WAY PER RAILROAD FILING MAP FILED IN WASHINGTON D.C. 10/1/1886, APPROVED 11/9/1886, AND RECORDED AT RECEPTION NO. 243249, DATED 4/23/1969, IN THE RECORDS OF GARFIELD COUNTY (BLM SERIAL CASE FILE COC -093763). cpribble 1 P:\2013\0130736.00 - RFTA Contract 13-023 - Rio Gronde Trail ROW Plan Development\_Casey\Neiley A-Fromes\Neiley Legal Exhibit.dwg 1 7/27/2018 10:38 AM 1 \ \ Gov't Lot 3 SEC. 36 '1304, Farnsworth GROUP 5613 DTC PARKWAY, SUITE 1100 GREENWOOD VILLAGE, COLORADO 80111 (303) 692-8838 / info@f-w.com ROARING FORK TRANSPORTATION AUTHORITY FEDERAL GRANT RIGHT OF WAY PARCEL SITUATED IN GOV'T LOT 2, SW 1/4 OF SECTION 36, TOWNSHIP 6 SOUTH, RANGE 89 WEST, OF THE 6TH P M COUNTY OF GARFIELD, STATE OF COLORADO Project No0130736.2018 Drawn by: CCP Approved: DCD Date: 7/27/2018 Revlsed: 7/27/2018 SHEET 2 OF 2 BARGAIN AND SALE DEED THIS BARGAIN AND SALE DEED made this /0 day of August, 2018, between Richard Y. Neiley, Jr. and Maria E. Maniscalchi, as joint tenants, whose address is 5157 County Road 154, Glenwood Springs, Garfield County, Colorado 81601, (hereinafter "Grantor") and the Roaring Fork Transportation Authority, whose address is, 0051 Service Center Drive, Aspen, Colorado, Pitkin County, 81611 ("Grantee"); WITNESSETH: That the Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby sells and conveys to the Grantee, its successors and assigns, the following real property in the County of Garfield, Colorado, to wit: See Exhibit B attached hereto. TO HAVE AND HOLD the same, together with all its appurtenances and privileges thereunto belonging. 'N EXECUTED as of this / day of August, 2018. STATE OF COLORADO ) COUNTY OF GARFIELD ) Acknowledged, subscribed and sworn to before me this I dk day of August, 2018, by Richard Y. Neiley, Jr. and Maria E. Maniscalchi as Owners of the Lot. ss. WNERS chard Y. Neiley, Jr. Ma 'a ' Maniscalchi WITNESS my hand and official seal. My Commission expires:a//5/& 2/ (SEAL) NICOLE R SCHOON Notary Public State of Colorado Notary ID # 20174007109 My Commission Expires 02-15-2021) Notary Public . PARCEL DESCRIPTION RFTA FEDERAL GRANT RIGHT OF WAY IN SECTIONS 35 AND 36, T6S, R89W, 6th PM EXHIBIT B 'illy 27, 2018 A Parcel of Land being a portion of ICC Parcels 6 and 7 of the former Aspen Branch of the Denver and Rio Grande Western Railroad (D&RGW RR) Company Right of Way (ROW) described in deed recorded 7/03/1997 at Reception No. 510445, in Book 1024, Page 600, and the Correction Bargain and Sale Deed recorded 9/09/2008 at Reception No. 755399 in the records of Garfield County, State of Colorado, situated in Sections 35 and 36, Township 6 South, Range 89 West of the Sixth Principal Meridian, in Garfield County, Colorado, that portion of said ROW in ICC Parcel 6 being a strip of land, 200 feet in width, lying 100 feet on each side of the original surveyed centerline of said Aspen Branch ROW, and that portion of said ROW in ICC Parcel 7 being a strip of land, 100 feet in width, lying 50 feet on each side of the original surveyed centerline of said Aspen Branch ROW, both ICC Parcels subject to Right of Way Deeds to the Colorado Department of Highways recorded at Book 409, Page 131 of said Garfield County records, said Parcel of Land described as follows: Any portion of said ICC Parcels 6 and 7 EXCEPT for the following described parcel: The southwesterly 50.00 feet of that portion of the Roaring Fork Transportation Authority (RFTA) railroad right of way property, as successor to the Roaring Fork Railroad Holding Authority, described in the above said deeds recorded at Reception No's. 510445 and 755399, lying within Government Lot 2 in said Section 36. This description was calculated from the Railroad Right of Way Survey prepared by Farnsworth Group, last revised 12/02/08 and recorded at Reception No's 784 through 789 in the records of said Garfield County. Please refer to said Railroad Right of Way Survey for additional information and boundary detail. The above description was prepared by David C. DiFulvio, LS# 16401 For and on behalf of FARNSWORTH GROUP, INC. 5613 DTC Parkway, Suite 1100 Greenwood Village, CO, 80111 303-692-8838. Page 1 of 1