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Home My WebLink AboutC07-337 BCP-Midtown Investments IIPROPERTY LINE AGREEMENT THIS PROPERTY LINE AGREEMENT (the "Agreement"), is made as of October , 2007 between BCP -Midtown Investments II, LLC, a Delaware limited liability company ("BCP -Midtown") and the County of Eagle, State of Colorado (the "County") (collectively the "Parties"). The Parties are adjoining landowners of properties located in Eagle County, Colorado commonly known as the "Kemp Property," currently owned by BCP -Midtown and "Eaton Ranch Parcel A," currently owned by the County. RECITALS WHEREAS, the Parties are unable to determine the location of the common boundary line between their contiguous parcels of real property located in Eagle County, Colorado; WHEREAS, the County entered into a Property Line Agreement of a similar nature on March 2, 2006 regarding property commonly known as the Havener Property with its then owner; the Havener Property is located immediately to the west of the Kemp Property and immediately south of Eaton Ranch Parcel A; the Havener -Eaton Ranch Property Line Agreement was recorded on March 10, 2006, at Reception No. 20060639 in the Eagle County Clerk and Recorder's Office and is graphically depicted on Page 5 of 6 and Page 6 of 6 attached hereto; WHEREAS, BCP -Midtown is the current owner of the Havener Property; and WHEREAS, the Parties desire to determine conclusively the boundary line between the Kemp and Eaton Ranch Parcel A Properties pursuant to the terms of this Agreement so as to act consistently with the treatment of the Havener -Eaton parcels and in order to avoid the costs of litigation regarding disputes over the Kemp -Eaton Ranch Parcel A property line. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration, the Parties, for themselves and their respective successors and assigns, agree as follows: 1. The Recitals are true and correct and shall be incorporated into and made a part of this Agreement. 2. The Parties are separated by a common boundary line described as: A BOUNDARY LINE LOCATED IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 5 AND CONSIDERING THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5 TO BEAR SOUTH 89043'32" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89043'32" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1370.99 FEET TO THE SOUTHEASTERLY CORNER OF PARCEL A, EATON RANCH, AS RECORDED AT RECEPTION NO. 927914 OF THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 89043'32" WEST CONTINUING ALONG SAID SOUTH LINE, AND ALONG THE SOUTHERLY LINE OF SAID PARCEL A, A DISTANCE OF 204.67 FEET TO THE SOUTHEASTERLY CORNER OF THAT PROPERTY LINE AGREEMENT RECORDED AT RECEPTION NO. 200606039 OF THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER, SAID POINT ALSO BEING THE POINT OF TERMINUS; WHENCE THE CENTER OF SAID SECTION 5 BEARS NORTH 89043'32" WEST, A DISTANCE OF 1115.94 FEET. (AS SHOWN ON PAGE 5 OF 6) 3. The Parties, being uncertain of the location of this common boundary line and desirous of establishing the line conclusively, do agree and fix the common boundary line between the respective properties as follows: A BOUNDARY LINE LOCATED IN PARCEL A, EATON RANCH, AS RECORDED AT RECEPTION NO. 927914 OF THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER, LOCATED IN THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 5 AND CONSIDERING THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5 TO BEAR SOUTH 89043'32" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89043'32" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 1370.99 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL A; THENCE NORTH 02°01'41" EAST ALONG THE EASTERLY LINE OF SAID PARCEL A, A DISTANCE OF 3.40 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 87027'30" WEST, A DISTANCE OF 25.53 FEET TO A POINT ON AN EXISTING FENCE LINE; THENCE NORTH 87056'01" WEST ALONG SAID EXISTING FENCE LINE, A DISTANCE OF 179.12 FEET TO THE POINT OF TERMINUS BEING THE SAME POINT AS THE POINT OF BEGINNING OF THE PROPERTY LINE AGREEMENT RECORDED AT RECEPTION NO. 200606039 OF THE RECORDS OF THE EAGLE COUNTY CLERK AND RECORDER; 2 WHENCE THE POINT OF BEGINNING BEARS THE FOLLOWING THREE (3) COURSES: 1. THENCE SOUTH 01059'39" WEST, A DISTANCE OF 7.75 FEET TO A POINT ON SAID SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 5 AND THE SOUTHERLY LINE OF SAID PARCEL A; 2. THENCE SOUTH 89043'32" EAST, ALONG SAID SOUTH LINE AND ALONG THE SOUTHERLY LINE OF SAID PARCEL A, A DISTANCE OF 204.67 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL A; 3. THENCE NORTH 02001'41" EAST ALONG THE EASTERLY LINE OF SAID PARCEL A, A DISTANCE OF 3.40 FEET. (AS SHOWN ON PAGE 6 OF 6) 4. Donald J. Marcotte hereby certifies that he has all necessary authority to grant and execute this Property Line Agreement on behalf of BCP -Midtown and that the Property Line Agreement constitutes the valid and binding agreements of BCP -Midtown enforceable against Midtown in accordance with its terms. 5. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 6. This Agreement sets forth the entire understanding of the Parties hereto and may not be amended, modified, or supplemented except by a written document executed and acknowledged by all Parties hereto and duly recorded in the office of the Clerk and Recorder of Eagle County, Colorado. [signature page follows] 3 IN WITNESS WHEREOF, the Parties have executed this Agreement as'of the day and year first written above. ATTEST: By: Teak Simonton, Clerk to the Board of County Commissioners STATE OF COLORADO COUNTY OF MIDTOWN GROUP, LLC, a Colorado limited liability company By: Name: Donald J. Marcotte Title: Manager COUNTY OF EAGLE, STATE OF COLORADO BY AP& THROUGH ITS BOARD OF COT By: T M. Menconi, Chairman ss. The foregoing document was acknowledged before me this day of , 2007, by Donald J. Marcotte, as Manager of Midtown Group, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing document was acknowledged before me this day of , 2007, by Am. M. Menconi, as Chairman of the Eagle County, Colorado Board of County Commissioners. Witness my hand and official seal. My Commission Expires: 0 Notary Public EXHIBIT SHEET 5 OF 6 PARCEL A EATON RANCH REC. NO. 927914 CEN SEC 5 PROPERTY LINE FND 30" /16 REBAR W/ 2' ALUM CAP AGREEMENT STAMPED PLS 28286' REC. NO. 200606039 1115.94' ( OF BASIS OF BEARING) S89 4J -32'E PA1NT SOUTH LINE NE 1/4 SEC 5 7CMillIC WmmfiNC eo4T EAST 1/4 COR SEC 5 FN 3-1/4' ALUM CAP STAMPED "ALPINE ENG' PROPERTY LINE AGREEMENT THE WEST END PROPOSED SUBDIVISION N89'43'32"W 1370.99' - PONTOF GINN/NG z 0 C) m LO QNONO NQW o -J Z K LEGEND: C. DENOTES A CHANGE IN COURSE ONLY. NOTE: THIS EXHIBIT DOES NOT , ` Carroll Lange REPRESENT A MONUMENT SURVEY. SCALE: 1" = 50' Professional Engineers & Land Surveyors 165 South Union Blvd- Suite 156 IT IS INTENDED ONLY TO DEPICT / Lakewood. Colorado 80228 THE ATTACHED DESCRIPTION. (303) 980-0200 P:\3850\EXHIBIT\PROPERTY UNE AGREEAIENT.OWO, SHEET 2 OF 2, PREPARED 07/18/07, RE' EXHIBIT SHEET 6 OF 6 PARCEL A EATON RANCH REC. NO. 927914 CENSEG 5 FND PROPERTY LINE FNO 30' /� REBAR W12' ALUM CAP AGREEMENT STAMPED acs 28286' REC. NO. 200606039 1115.94' (BASIS OF BEARING) S89 43 32 E SOWN LINE NE 1/4 SEC 5 LEGEND: • DENOTES A CHANGE IN COURSE ONLY. NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENT SURVEY IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 7.75' CM1IMGWENT EAST 1/4 COR SEC 5 FND 3-1/4' ALUM CAP STAMPED ALPINE ENG' PROPERTY LINE AGREEMENT 5'01*W 179.12' S89'43'32'E 204.67 THE WEST END PROPOSED SUBDIVISION N 4 6 SCALE: 1' - 50' N89'43'32'W 1370.99'-� S87'27'30'W 25.53"—,- BEdNNMINT J I /NG NO2'01'41'E 3.40' Carroll 6L Lange Professmnal Engineers & Land Surveyors South Union Lakewood,LekColoradodo 8 Suite 156 80228 (303)980-0200