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HomeMy WebLinkAboutC01-211 Temporary Roadway Easement with Vail Corp.763562 Page: 0a/01/2001 12:21P Sara J Fisher Eagle, CO 173 R 45.00 D 0.00 TEMPORARY ROADWAY EASEMENT THIS TEMPORARY ROADWAY EASEMENT, dated as of the day of L� _ 2001, is made by and between THE VAIL CORPORATION, a Colorado corporation, DAVID JAMES PLATH and DEBORAH ANN PLATH, and GARY PLATH and MARGIE PLATH (together, "Grantors ") and COUNTY OF EAGLE, COLORADO, A BODY CORPORATE AND POLITIC ( "Eagle County "). RECITALS A. Grantors are the respective owners of certain property within the final plat of Red Sky Ranch as recorded on O� 66 L at Reception No. Z (�� (the "Plat "). B. Grantors desire to grant to Eagle County a temporary, non - exclusive easement for j use by the general public as a roadway and for utility purposes on, over and across the property more particularly described on Exhibit A attached hereto and by the referenced made a part hereof (the "Temporary Easement Parcel "), subject to the terms and conditions set forth herein, and Eagle County is in agreement therewith. AGREEMENT NOW THEREFORE, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors, as their respective interest may appear, hereby grant and convey unto Eagle County, a temporary, non- exclusive easement on, over, and across the Temporary Easement Parcel for use by the general public as a roadway and for utility purposes (the "Temporary Roadway Easement "), provided, however, that the Temporary Roadway Easement shall automatically terminate and be of no further force and effect upon the recordation of a resolution executed by the County Commissioners of Eagle County, Colorado (the "Commissioners ") stating that Eagle County has accepted the road improvements located on Tract J (Bellyache Ridge Road) of the Plat (the "Termination ") and further, provided, however, that since the Temporary Roadway Easement is temporary in nature, then the Termination shall not be subject to the provisions of SECTION 5 -2200 PUBLIC WAY AND EASEMENT VACATIONS of the Eagle County Land Use Regulations. The Termination shall be substantially in the form and content set forth on Exhibit B attached hereto and by this reference made a part hereof and shall be recorded promptly upon execution in the records of the Eagle County, Colorado, Clerk and Recorder. TEMPORARY ROADWAY EASEMENT THIS TEMPORARY ROADWAY EASEMENT, dated as of the ,S C� day of �) �, 2001, is made by and between THE VAIL CORPORATION, a Colorado corporation, zA JAMES PLATH and DEBORAH ANN PLATH, and GARY PLATH and MARGIE PLATH (together, "Grantors ") and COUNTY OF EAGLE, COLORADO, A BODY CORPORATE ANs-) POLITIC ( "Eagle County "). RECITALS A. Grantors are the respective owners of certain property within the final plat of Red Sky Ranch as recorded on at Reception No. (the "Plat "). B. Grantors desire to grant to Eagle County a temporary, non - exclusive easement for use by the general public as a roadway and for utility purposes on, over and across the property more particularly described on Exhibit A attached hereto and by the referenced made a part hereof (the "Temporary Easement Parcel "), subject to the terms and conditions set forth herein, and Eagle County is in agreement therewith. AGREEMENT NOW THEREFORE, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors, as their respective interest may appear, hereby grant and convey unto Eagle County, a temporary, non- exclusive easement on, over, and across the Temporary Easement Parcel for use by the general public as a roadway and for utility purposes (the "Temporary Roadway Easement "), provided, however, that the Temporary Roadway Easement shall automatically terminate and be of no further force and effect upon the recordation of a resolution executed by the County Commissioners of Eagle County, Colorado (the "Commissioners ") stating that Eagle County has accepted the road improvements located on Tract J (Bellyache Ridge Road) of the Plat (the "Termination ") and further, provided, however, that since the Temporary Roadway Easement is temporary in nature, then the Termination shall not be subject to the provisions of SECTION 5 -2200 PUBLIC WAY AND EASEMENT VACATIONS of the Eagle County Land Use Regulations. The Termination shall be substantially in the form and content set forth on Exhibit B attached hereto and by this reference made a part hereof and shall be recorded promptly upon execution in the records of the Eagle County, Colorado, Clerk and Recorder. ( C Executed as of the day and year first above written. THE VAIL CORPORATION, a Colorado corporation • - _ U.. €%�i?� ►mil IBM VID JAMES PLATH DEBORAH ANN PLATH ATH 1. MAR61E Pi. STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged befor me this 5 'day of / , 2001, by u as Sr. � �� e 1he5 ;d e k of THE VAIL CORPORATION, a Colorado corporation. Witness my hand and official seal. My commission expires: D 0 N 0 T48,$, <o �9TAU�LIC :Q�_sr Notary Publi STATE OF COLORADO COUNTY OF EAGLE ss. The foregoing instrument was acknowledged before me this If day of J C, 2001, by DAVID JAMES PLATH, an individual. Witness my hand and official seal CRY AR�O My commission expires: 10-61-200 ��,.• " ' Notary Pub 9�FOF .. STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this /_ day of _ T� , 2001, by DEBORAH ANN PLATH, an individual. Witness my hand and official seal. My commission expires: �6 - D .3 - 0 0 Y' STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) AR�O Notary Pub c OF CO The foregoing instrument was acknowledged before me this f��day of Tk& , 2001 ,y b GARY PLATH , an individual. Witness my hand and official seal. My commission expires: D _ 6 o� 06 V ,RY AAN •.O Nd TA9�; Notary Pub ' 9j�;..UBL IC.•: �c C C STATE OF COLORADO ss. COUNTY OF EAGLE The foregoing instrument was acknowledged before me this -IL day of 2001, by MARGIE PLATH, an individual. Witness my hand and official seal. My commission expires: l D 0 o� 6 9Y7�4'N�0- r `N0 TO .c Notary Pfis r 9j�..UgLIC,:POc °Fcoi.Q� AGREED: COUNTY OF EAGLE, COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS Tom C. Stane, Chairman Witness my hand and seal of the County of Eagle W�&WWM Clerk to the BoaM of County Commi EXHIBIT A (Attached) EASEMENT FOR BELLYACHE RIDGE ROAD AS EXISTING 1/17/01 A strip of land 80 feet in width, lying in Tracts 49, 54, and 61, and also in Sections 22, 23, and 27, Township 4 South, Range 83 West of the Sixth Principal Meridian, Eagle County, Colorado, and also in Amended Land Survey Plat of Parcels 20, 21, and 22, Wolcott Springs Parcels according to the map thereof recorded at Reception No. 559394 in the office of the Eagle County, Colorado, Clerk and Recorder, said strip lying 40 feet on each side of the following described centerline: Beginning at a point on the existing centerline of said road right -of- way whence an existing Brass Cap Monument marking the Northeast Corner of said Section 22 bears N52ol3'15 "E, 2782.60 feet; thence the following courses along the centerline of the existing road: 199.61 feet along the arc of a curve to the left, having a radius of 265.42 feet, a delta angle of 43005125" and a chord that bears S54o37100 "W 194.94 feet; thence S33o04'18 "W 188.68 feet; thence 119.72 feet along the arc of a curve to the right, having a radius of 712.79 feet, a delta angle of 9037124" and a chord that bears S37o53'00 "W 119.58 feet; thence S42o4l'41 "W 374.99 feet; thence 289.46 feet along the arc of a curve to the left, having a radius of 1943.22 feet, a delta angle of 8032105" and a chord that bears S38o25139 "W 289.20 feet; thence S34o09136 "W 486.63 feet; thence 178.71 feet along the arc of a curve to the right, having a radius of 360.00 feet, a delta angle of 28026131" and a chord that bears S48o22'53 "W 176.88 feet; thence S62o36'09 "W 69.84 feet; thence 272.53 feet along the arc of a curve to the right, having a radius of 305.00 feet, a delta angle of 51011'47" and a chord that bears S88ol2'03 "W 263.56 feet; thence N66o12104 11W 161.20 feet; thence 84.85 feet along the arc of a curve to the left, having a radius of 300.00 feet, a delta angle of 16012117" and a chord that bears N74o18114 "W 84.57 feet; thence N82o24'24 "W 34.96 feet; thence 254.98 feet along the arc of a curve to the left, having a radius of 185.00 feet, a delta angle of 78058104" and a chord that bears S58o06'31 "W 235.27 feet; thence S18o37'26 "W 407.14 feet; thence 455.34 feet along the arc of a curve to the left, having a radius of 1750.00 feet, a delta angle of 14054129" and a chord that bears S11o10'1111W 454.06 feet; thence S03o42'57 "W 173.40 feet; thence 168.86 feet along the arc of a curve to the right, having a radius of 922.08 feet, a delta angle of 10029133" and a chord that bears S08o57'43 "W 168.63 feet; thence S14o12'29 "W 80.79 feet; thence 214.27 feet along the arc of a curve to the left, having a radius of 1499.99 feet, a delta angle of 8011'05" and a chord that bears S10o06'57 "W 214.09 feet; thence S06o0l'25 "W 98.79 feet; thence 206.97 feet along the arc of a curve to the left, having a radius of 340.00 feet, a delta angle of 34052138" and a chord that bears Sllo24'55 "E 203.78 feet; thence S28o51'14 "E 68.11 feet; thence 224.51 feet along the arc of a curve to the right, having a radius of 2100.00 feet, a delta angle of 6007132" and a chord that bears S25o47'28 "E 224.41 feet; thence S22o43'42 "E 139.20 feet; thence S20o46157 11E 110.55 feet; to the point of terminus, whence said northeast corner of Section 22 bears N37o56125 "E 6867.33 feet The basis of bearings for the above descriptions is a line connecting the existing Brass Cap Monument marking the East 1/4 Corner said Section 22 ( C and the existing Brass Cap Monument marking the Southeast Corner of said Section 22 being S00 °08'05 "E. y `ttttttvvt�nuuiiiii,���. Stan Hogfe t �.�` �,�:' �.HQGF•'•., Colorado P.L.S. 28 - ?6S 98 - Date: 'j���/11111111111, Cj C11 • • TERMINATION OF TEMPORARY ROADWAY EASEMENT This Termination of Temporary Roadway Easement is made as of this day of , 2001 by COUNTY OF EAGLE, COLORADO, A BODY CORPORATE AND POLITIC whose street address is 500 Broadway, Eagle, Colorado 81631( "Eagle County "). WHEREAS, Eagle County is in possession of that certain temporary roadway and utility easement recorded on at Reception No. in the records (the "Records ") of the Eagle County, Colorado, Clerk and Recorder (the "Temporary Easement "); and WHEREAS, the Temporary Easement provides that the Temporary Easement shall be terminated upon the acceptance by Eagle County of certain roadway improvements located on Tract J, Red Sky Ranch (commonly known as a portion of Bellyache Ridge Road) according the final plat recorded on at Reception No. in the Records (the "Plat "); and WHEREAS, Eagle County has accepted said roadway improvements as evidenced by Resolution recorded on at Reception No. in the Records; and WHEREAS, Eagle County therefore desires to terminate the Temporary Easement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Eagle County hereby terminates, releases, relinquishes, and remises all its right, title and interest in and to the Temporary Easement. EXECUTED as of the day and year first above written. COUNTY OF EAGLE, COLORADO BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS Tom C. Stone, Chairman Witness my hand and seal of the County of Eagle. Clerk to the Board of County Commissioners