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HomeMy WebLinkAboutC03-072 Berry Creek/Miller Ranch PUD Tracts I and J AMENDMENT OF EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD TRACTS I AND J, BERRY CREEK/I~HLLER RANCH PLANNED UNIT DEVELOPMENT This Amendment of Easements, Reservations, Restrictions, Covenants and Rights of Way of Record for Tracts I and J, Berry CreeklMiller Ranch Planned Unit Development (hereinafter Amendment") is made this Z~' day of ~eb~~.lA (u , 2003, by the County of Eagle, State of Colorado, a body politic and corporate, acting by and through its Board of County Commissioners (hereinafter the "County"), and Eagle County School District RE-SOJ, a Colorado Public School District (hereinafter the "District"). WITNESSETH: WHEREAS, the District deeded to the County parcels of land as part of a land exchange between the County and the District; and WHEREAS, as a result of the land exchange, the County is now the owner of the real property more particularly described as follows, TRACTS I and J, BERRY CREEK/MII.LER RANCH PLANNED UNIT DEVELOPMENT, ACCORDING TO THE PLAT RECORDED JUNE 25, 2002, AT RECEPTION N0.799649, COUNTY OF EAGLE, STATE OF COLORADO (hereinafter the "Property"); and WHEREAS, the Deed as recorded in the Records of the Eagle County Clerk and Recorder at Reception Number 805190, dated August 23, 2002 contains a restriction which is attached to exhibit "A" and made a part of the Deed (hereinafter the "Restriction(s)") conveying the Property, states that Tracts I and J be subject to an Open Space Management Plan as adopted by the Eagle County Board of County Commissioners; and as designated as Open Space on the final plat of Berry Creek/Miller Ranch Planned Unit Development as recorded in the Records of the Eagle County Clerk and Recorder at Reception Number 799649, dated June 25, 2002; and WHEREAS, on May 28, 2002, the Eagle County Board of County Commissioners adopted and approved the Open Space Management Plan for the Properly; and WHEREAS, aright-of--way is needed to build a bridge on a portion of Tract J of the Property; and WHEREAS, The County and the District hereby desire to remove and extinguish the Restriction(s) as to that portion of Tract J needed for use as aright-of--way to construct a bridge. NOW, THEREFORE, in consideration of the above recitals, the County and the District hereby declare as follows: X27411 Pege: 1 of 4 03/20/2003 03:57P Teak J Simonton Eagle, CO 173 R 0.00 Q 0.0@ • 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Modification. It is mutually agreed by the parties hereto and their successors and assigns, that the Restriction(s) in the Deed as recorded in the Records of the Eagle County Clerk and Recorder at Reception Number 805190, dated August 23, 2002, which is attached to exhibit "A" and made a part of the Deed, and as shown on the final plat of Berry Creek/Miller Ranch Planned Unit Development as recorded in the Records of the Eagle County Clerk and Recorder at Reception Number 799649, dated June 25, 2002, are hereby amended such that the Open Space designation is hereby removed and extinguished from that portion of Tract J as described below: Parcel d Eagle County School District RE 50-J Situated in Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being a part of land now or formerly owned by Eagle County School District RE 50-J as described in Book 540, Page 337 of the Eagle County Records and more particularly described as follows: Beginning at a 3 %a" brass cap, marking the South 1/4 of Section 4; Thence, North 77 ° 30' 34" East, a distance of 2135.52 feet to a #5 rebar with an aluminum cap, marked PLS 30091, found on the southern boundary of the Denver, Rio Grand & Western Raikoad Right of Way; said point being the true place of beginning of the parcel herein described; Thence, North 87 ° 14' 12" East, along the southern boundary of said Denver, Rio Grand & Western Railroad Right of Way, a distance of 137.49 feet to a point, Thence, South 46 ° 34' 36" East, a distance of 100.68 feet to a point, Thence, South 23 ° 18' 23" East, a distance of 108.48 feet to a point on the southern boundary of said Eagle County School District property, Thence, South 65 ° 14' 36" West, along the southern property line of said Eagle County School District property, a distance of 183.01 feet to the eastern corner of property subdivided as the Logan Park PUD as described in Reception #749050 of the Eagle County Records, Thence, North 20 ° 31' 38" West, along the eastern property line of said Logan Park PUD, and the eastern property line of the Alberts Parcel as described in Book 220, Page 967 of the Eagle County Records, a distance of 75.55 feet to a point. Thence, South 75 ° 37' 22" West, along the northern property line of said Alberts Parcel, a distance of 69.31 feet to a point, 827411 Page: 2 of 4 03/20/2003 03:57P Teak J Simonton Eagle, CO 173 R 0.00 D 0.00 2 ~ s • Thence, North 14 ° 22'38" West, a distance of 106.62 feet to a point on the southern boundary of said Alberts Parcel, Thence, North 77 ° 54' 35" East, along the southern property line of said Alberts Parcel, a distance of 59.51 feet to a #5 rebar found with an aluminum cap with no markings, Thence, North 19 ° 57' S5" West, along the eastern property line of said Alberts Parcel, a distance of 74.00 feet to the true place of beginning and containing 44,171 square feet or 1.014 acres of land, more or less. 3. Full Force and Effect. Except as herein expressly amended, the terms and conditions of the Amendment shall remain in full force and effect. 4. Authori .Each Party hereby represents, warrants and covenants to the other that it has the full right, power and authority to enter into this Amendment of Easements, Reservations, Restrictions, Covenants and Rights of Way of Record for Tracts I and J, Berry Creek/Miller Ranch Planned Unit Development and make the agreements contained herein on its part to be performed. The parties hereto agree that this Amendment of Easements, Reservations, Restrictions, Covenants and Rights of Way of Record for Tracts I and J, Berry Creek/Nliller Ranch Planned Unit Development shall be recorded in the Records of the Eagle County Clerk and Recorder upon execution. Execution of this Amendment to be effective as of the date first written above. EAGLE COUNTY SCHOOL DISTRICT RE-50J, A COLORADO PUBLIC SCHOOL By: Bar ara Schi olk, President a ~ ATTEST: ~ ~ ~ ~ ~ Carri Myl Tedstrom Secretary of the Eagle County School EAGLE COUNTY, STATE OF COLORADO BY AND THROUGH ITS BOARDb1F COUNTY By: ATTES L. Gaffa~fe ,y~ Teak Simo~lton, Clerk to the Board of County Commissioners III III IIIII II AIn IIIII IMA 1111111llfl 1118 r',`~ :, ,. nfox> 3 ~. STATE OF COLORADO ) ss: COUNTY OF EAGLE ) _ The foregoing instnuent was acknowledged before me this ~~Ciay of 2003, by Bazbaza Schierkolk, President of Eagle County School District RE- 50J, and C Mylon Tedstrom, Secretary of Eagle County School District RE-SOJ.. Witness my hand and official seal. My Commission expires: STATE OF COLORADO COUNTY OF EAGLE ss: The foregoing instrument was acknowledged before me this day of Gtr C+~ , 2003, by Michael L. Gallagher, Chairman of the Eagle County, .State of Colorado Board of County Commissioners and Teak Simonton, Clerk to the Boazd of County Commissioners. Witness my hand and official seal. My Commission expires: ~ ~ ~' ~ ~ ~~ ~~ ,~ Notary Public IMIU~AIIINYIYII~IIINI~IAI~IAWNI^N az oai ..,..