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HomeMy WebLinkAboutC87-078 right of way acquisition for Hooks Bridge replacementg RIGHT-OF-WAY ACQUISITION - HOOKS BRIDGE REPLACEMENT C-97-78-54 THIS AGREEMENT made and entered into this 12th day of May , 1987, by and between the County of Eagle, State of Colorado, by and through its Board of County Commissioners (hereinafter the "County"), and Oscar Diemoz and Vivian L. Diemoz (hereinafter collectively referred to as "Diemoz"). W I T N E S S E T H: WHEREAS, the County desires to construct improvements to the Hooks Bridge structure no. EAG -003.00.1, and to effect related approach road construction, partial realignment of Hooks Lane, and river channel improvements for the Hooks Bridge replacement; and WHEREAS, the relocated roadway, as proposed, encroaches upon the property of Diemoz as depicted on the attached map marked as Exhibit A and incorporated herein by reference thereto; and WHEREAS, for the purposes of replacing the Hooks Bridge, Diemoz County with a right-of-way consist said right-of-way being designated Exhibit A, and being more particula description attached hereto as EXh hereof by this reference (hereinaft Ell); and WHEREAS, for the purposes of replacing the Hooks Bridge, Diemoz County with a right-of-way consist said right-of-way being designated Exhibit A, and being more particula description attached hereto as Ex hereof by this reference (hereinaft G"); and realigning Hooks Lane and is willing to provide the ing of 3,768 square feet, as Parcel E on the attached rly described on the legal i.bit B, and made a part er referred to as "Parcel realigning Hooks Lane and is willing to provide the ing of 7,582 square feet, as Parcel G on the attached rly described on the legal hibit C, and made a part er referred to as "Parcel WHEREAS, once construction of the improvements and realignment is completed, the County is desirous of abandoning and vacating a portion of County right-of-way to which it holds title, said portion being located adjacent to property owned by Diemoz, designated as Parcel F on the attached exhibit A, and more particularly described on the legal description attached hereto as Exhibit D and made a part hereof by this reference (hereinafter referred to as "Parcel F"). NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the parties hereto agree"hereby as follows: 1. Concurrent with Diemoz shall execute three County all right, title and a. Parcel E. b. Parcel G. the signing of this agreement, quit claim deeds conveying to the interest in the following parcels: C. Diemoz shall quit claim their reversionary interest in the property described on Exhibit F attached hereto and made a part hereof by this reference by executing a new quit claim deed to the County exclusive of any language retaining a reversionary interest. 2. As soon as the bridge and road realignment improve- ments contemplated herein have been completed to the extent that abandonment of Parcel F is feasible and appropriate, the County agrees to commence vacation proceedings with respect to Parcel F. Pursuant to § 43-2-302(1)(b), C.R.S., title to the vacated Parcel F shall vest in Diemoz as sole owner of the land abutting such vacated portion of the existing County right-of-way. 3. The County agrees to make certain improvements in accord with the plans and specifications set forth as item nos. 6, 7, and 14 on Exhibit C attached hereto and made a part hereof by this reference. Specifically, the County agrees it shall: a. Remove lilac bushes and small trees currently planted along the existing right-of-way and replant said trees and bushes along the realigned right-of-way. b. Install approximately 140 feet of 6 -foot high wooden barrier fence, said fence to be constructed of weather and rot -resistant materials, and to be of a construction similar to the existing fence at Sopris Village Subdivision, 0016 Hopi, located just north of the Hook's Bridge Replacement construction site and adjacent to Willits Lane. C. Plant six (6) blue spruce trees (5 -foot minimum height) along the realigned right-of-way. 4. This Agreement shall inure to the benefit of the parties' heirs, successors and assigns. 5. In the event Diemoz fails to execute on or before June 1, 1987, a Quit Claim Deed as provided in paragraph no. 1 hereinabove, the County shall be entitled to seek immediate specific performance through the appropriate action. 6. Should the County fail to perform its obligations under this Agreement in a reasonable and timely manner, Diemoz -2- I (T shall be entitled to seek specific performance of those obligations. •. 7. This Agreement shall bind the heirs, executors, and assigns of the parties herein. IN WITNESS WHEREOF the parties hereto have set their ands and seals on the day and year first above written. �, ,........ ,�y COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its €� BOARD OF COUNTY COMMISSIONERS By 5' By:2Z::� lerk �iof the bard o Georg A. Ga es, Chairman County Commissioners Pro -Tem DIEMOZ: x Oscar Diemoz Vivian L. Diemoz STATE -OF COLORADO ) ss couri.ly of 4 , The foregoing was acknowledged before me this day of 1987, by Oscar Diemoz and Vivian L. Diemoz. WITNESS my hand and official seal. My commission expires No y Public LL{. -3- LEGAL DESCRIPTION EXHIBIT HOOKS LANE & HOOKS SPUR DIEMOZ PARCELS E, F & G EAGLE COUNTY, COLORADO 101 15242 In N8805SE ! V 17.16 QV P.O.B. PARCEL G 217,88'— S00°12' Od'E x EXHIBIT A R -O -W S00' 1 2b0"E 145.37' HOOKS LANE / WITNESS CORNER FOR COR.3 TRACT -52, SEC 11, \ / - T.SS., R.87 W. 6th P. M. G.L:O. BRASS CAP. NEW NORTHERLY RIGHT-OF-WAY BEARING BASE: BEARINGS ARE BASED ON THE COMPUTED -LINE BETWEEN THE WITNESS CORNER TO CORNER NO. 3 OF TRACT 52, A G.L.O. A= 25°35'00° BRASS CAP DATED 1924. AND THE SOUTHEAST R = 14 2.00' CORNER OF LOT 4. BASALT INDUSTRIAL PARK. , AN ALUMINUM CAP ON REBAR, STAMPED WITH L= 63.41' L.S. NO. 14109. SAID LINE BEARSPROPOSED REALIGNED N5H•05'39"E 797.37 FEET - NORTH R -O -W HOOKS LANE SCALE 1it=5d DREAGER PROPERTY ' BK.126, PG. 641 A = 34057'49° R = 74.2 9' L = 45.33' CH. BE.= S83000'27"W CH. = 44.63' A=02014'05" =02°14'05"R=380.62' R=380. 62' L= 14.85' 28' R -O -W TO EAGLE COUNTY FROM DIEMOZ 3/26/ 76 REC. NO. 141670 • /Q WITNESS COR. — FOR COR. NO.3 S45043'54"W 1C7 h 52 508.71 GLACO.T BRASS CAP \ /Q c� /Q 2 M� /�0• / DIEMOZ PROPERTY BK. 143, PG. 581 r 0o TRACT 53 Lv If� TRACT 52 11 0 - i- PARCEL F { TO DIEMOZ) 3705 Sq. Ft. 0.085 Ac. --XISTING NORTHERLY RIGHT -OF- WAY O N n J NDIEMOZ to 0 PROPERTY „� BK. 131, PG. 322 k � a POINT OF BEGINNING V, /—PARCEL F 0=13°32'11° R= 7429' L= 17.55' CH. BE.= N58045'27"E CH=17.51' sc9c�.AP PROX. S W ,.. �. WATER LINE 0=75034'57" ,/ 'b ;zj.10�� PR OCOUNT CEL E R= 18.6x' 3768 Sq. Ft. L= 24.66' 0.087 AC. CH. BE. S72°08'30W *` CH. = 22.91' S46°44'29 E P.O.B. 34.55' l N55°39'29° W �, 20.00' OLD HOOKS BRIDGE-----'•'/ OP \`� 2-25--87 P.Q. Sox 589Phone 303416"281 SWMome, Co XM98 Robillard & Associates, Inc. x'111 91 - Q11 EXHIBIT B LEGAL DESCRIPTION HOOKS LANE R -O -W DIEMOZ PARCEL E (SOUTHERLY BRIDGE APPROACH) A TRACT OF LAND BEING A PORTON OF THAT TRACT OF LAND PREVIOUSLY DESCRIBED IN BOOK 131 AT PAGE 322 IN THE OFFICE OF THE CLERK AND RECORDER, COUNTY OF EAGLE, STATE OF COLORADO, SAID TRACT LOCATED IN TRACT 52 (GOVERNMENT LOTS 6, 7, 10, 11) OF SECTION 11, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE SOUTHWEST END OF THE HOOK'S BRIDGE (AS IT EXISTS IN FEBRUARY, 1987) WHENCE THE WITNESS CORNER FOR CORNER NO. 3 OF SAID TkACT 52, A G.L.O. BRASS CAP, BEARS S45 -43'54"W 508.71 FEET DISTANT; THENCE N55°39'29"W A DISTANCE OF 20.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE FOR HOOKS LANE, A PUBLIC ROAD, AS DESCRIBED AT RECEPTION NO. 141670 OF THE EAGLE COUNTY RECORDS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING THREE (3) COURSES: 1.) 24.66 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 75'34'57", A RADIUS OF 18.69 FEET, AND A CHORD WHICH BEARS S72008'30"W 22.91 FEET DISTANT; 2.) N70°04'32"W A DISTANCE OF 89.56 FEET; 3.) 14.85 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 02014'05" AND A RADIUS OF 380.62 FEET.; THENCE NORTHEASTERLY 17.55 FEET ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13032'11", A RADIUS OF 74.29 FEET, AND A CHORD WHICH BEARS N58 -45'27"E 17.51 FEET DISTANT; THENCE N51 59 21 E A DISTANCE OF 48.86 FEET TO THE APPROXIMATE SOUTHWESTERLY WATER LINE OF THE ROARING FORK RIVER; THENCE ALONG SAID APPROXIMATE SOUTHWESTERLY WATER LINE FOR THE FOLLOWING TWO (2) COURSES: 1.) S43025'09"E A DISTANCE OF 60.27 FEET; 2.) S46044'29"E A DISTANCE OF 34.55 FEET TO THE POINT OF BEGINNING, CONTAINING 3768 SQUARE FEET OR 0.087 ACRES, MORE OR LESS. PREPARED BY: COLORADO P.L.S. NO. 15242 2874/39/46/7 5242 A FF ��•��1 J 1 Cot ,gig . 25, l9� PREPARED FOR: EAGLE COUNTY PROJECT NO.: 11151-,411 EXHIBIT C LEGAL DESCRIPTION HOOKS SPUR ROAD R -O -W DIEMOZ PARCEL G A TRACT OF LAND LOCATED IN TRACT 53 (GOVERNMENT LOTS 5 AND 12) OF SECTION 11, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD, ASPEN BRANCH, WHENCE THE WITNESS CORNER FOR THE SOUTHEAST CORNER OF SAID TRACT 53, A G.L.O. BRASS CAP, BEARS S00 12 00 E 217.88 FEET AND N88 -53'00"E 17.16 FEET DISTANT; THENCE N37 51 30 W ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 203.45 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE FOR HOOKS SPUR ROAD AS PREVIOUSLY DESCRIBED AT RECEPTION NUMBER 141670 IN THE EAGLE COUNTY, RECORDS; THENCE EASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 101.97 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 54"26'08", A RADIUS OF 107.32 FEET, AND A CHORD WHICH BEARS S76°47'09"E 98.17 FEET DISTANT; THENCE N75 59 53 E ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 29.66 FEET TO THE EAST LINE OF SAID TRACT 53; THENCE S00°12'00"E ALONG SAID EAST LINE A DISTANCE OF 145.37 FEET TO THE POINT OF BEGINNING, CONTAINING 7582 SQUARE FEET OR 0.174 ACRES, MORE OR LESS. PREPARED BY: e COLORADO P.L.S. NO. 1 2878/39/46 '-t'15242 It C� 4 2 PREPARED FOR: EAGLE COUNTY PROJECT NO.:* 11151-411 EXHIBIT D LEGAL DESCRIPTION HOOKS LANE & HOOK SPUR R -O -W VACATION DIEMOZ PARCEL F A TRACT OF LAND BEING A PORTION OF A TWENTY-EIGHT FOOT ROAD RIGHT-OF-WAY FOR HOOKS LANE AND HOOKS SPUR ROAD AS PREVIOUSLY DESCRIBED AT RECEPTION NO. 141670 IN THE OFFICE OF THE CLERK AND RECORDER, COUNTY OF EAGLE, STATE OF COLORADO, AND LOCATED IN TRACT 52 OF SECTION 11 AND TRACT 53 OF SECTIONS 10 AND 11, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, SAID TRACT DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE SOUTHWEST END OF THE HOOK'S BRIDGE (AS IT EXISTS IN FEBRUARY, 1987) WHENCE THE WITNESS CORNER FOR CORNER NO. 3 OF SAID TRACT 52, A G.L.O. BRASS CAP, BEARS S45°43'54"W 508.71 FEET DISTANT; THENCE N55 39 29 W A DISTANCE OF 20.00 FEET TO THE NORTHERLY LINE OF SAID TWENTY-EIGHT FOOT RIGHT-OF-WAY FOR HOOKS LANE AS DESCRIBED AT RECEPTION NO 141670; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE FOR THE FOLLOWING THREE (3) COURSES: 1.) 24.66 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 75034'57", A RADIUS OF 18.69 FEET, AND A CHORD WHICH BEARS S72008'30"W 22.91 FEET DISTANT; 2.) N70004'32"W A DISTANCE OF 89.56 FEET; 3.) 14.85 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 02°14'05" AND A RADIUS OF 380.62 FEET TO.THE POINT OF BEGINNING; THENCE ALONG -THE REALIGNED 14ORT14ERLY RIGHT-OF-WAY LINES FOR HOOKS SPUR ROAD AND HOOKS LANE FOR THE FOLLOWING FIVE (5) COURSES: 1.) 45.33 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 34°57'49", A RADIUS OF 74.29 FEET, AND A CHORD WHICH BEARS S83900'27"W 44.63 FEET DISTANT; 2.) N79°30'39"W A DISTANCE OF 66.17 FEET; 3.) 63.41 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 25035'00" AND A RADIUS OF 142.00 FEET; 4.) S74054'21"W A DISTANCE OF 88.57 FEET; 5.) 118.66 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 67030'00" AND A RADIUS OF 100.72 FEET; THENCE EASTERLY ALONG_ SAID NORTHERLY LINE OF THE TWENTY-EIGHT FOOT RIGHT-OF-WAY FOR HOOKS LANE AND HOOKS SPUR ROAD PREVIOUSLY DESCRIBED AT RECEPTION NO. 141670 FOR THE FOLLOWING THREE (3) COURSES: 1.) 91.94 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 66'24'28", A RADIUS OF 79.32 FEET AND A CHORD WHICH BEARS S70047'59"E 86.88 FEET DISTANT; 2.) N75059'53"E A DISTANCE OF 76.20 FEET; 3.) 210.53 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 31041'31" AND A RADIUS OF 380.62 FEET TO THE POINT OF BEGINNING, CONTAINING 3705 SQUARE FEET OR 0.085 ACRES, MORE OR LESS. PREPARED BY: &iR42 ���6. 0-5t /9 COLORADO P.L.S. NO. 1524 r1 '0 C�1: PREPARED FOR: EAGLE COUNTY PROJECT NO.: 11151-411 2874/39/46/8