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Home My WebLink AboutC07-340 CenturyTel_easementAfter recording, return to: Maureen Christie CenturyTel 805 Broadway Vancouver, WA 98660 EASEMENT For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned Eagle County, a political subdivision of the State of Colorado, whose street address is 500 Broadway, Eagle, Colorado 81631, hereinafter referred to as the Grantor, does hereby grant, warrant and convey to CenturyTel of Eagle, Inc. ("CenturyTel"), a Colorado corporation, whose street address is 620 Red Table Drive, Gypsum, Colorado 81637, hereinafter referred to as the Grantee, and its successors and assigns, a perpetual easement ("Easement") to accommodate, bury, install, construct, reconstruct, operate, repair, maintain and use underground, surface and/or aerial communications facilities, together with wires, cables, fiber optic cables, ducts, towers, poles, props, guys, anchors, vaults, pedestals, cabinets, supports, fixtures and/or related equipment (collectively, "Facilities") over, under, across, and upon the following described real property in Eagle County, State of Colorado, to wit: A parcel of land described in that certain Deed recorded on June 8, 1982 at Reception No. 237738, Book 341, Page 390 and a parcel of land described in that certain Warranty Deed recorded on March 8, 1985 at Reception No. 304096, Book 407, Page 814 of the records of the Clerk and Recorder of Eagle County, Colorado. The dimensions and location of the Easement on such real property, as set forth on the attached Exhibit A, are as follows: A parcel of land located in Tract 57, Section 3, Township 5 South, Range 85 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows: Beginning at a point on the North line of the Cooley Mesa Road right-of-way from which a 2-1/2" diameter USGLO brass cap monument properly marked for the witness corner to Corner 3 of Tract 57 bears S80155'40"W, 351.37 feet; thence departing said line N08-3 1'23"W, 46.49 feet; thence N78°19'14"E, 33.91 feet; thence N85°08'03"E, 45.45 feet; thence N81 °32'29"E, 657.97 feet; thence 97.88 feet along the arc of a non -tangent curve to the left having a radius of 165.32 feet, a central angle of 33°55'22" and a chord which bears N60°55'23"E, 96.46 feet; thence 28.07 feet along the arc of a non -tangent curve to the right having a radius of 40.00 feet a central angle of 40° 12'21" and a chord which bears N60'1 1'34"E, 27.50; thence N80°17'45"E, 274.34 feet; thence N81°35'13"E, 585.04 feet; thence 64.39 feet along the arc of a non -tangent curve to the left having a radius of 96.00 feet, a central angle of 38°25'48" and a chord which bears N62'3 1'56"E, 63.19 feet; thence N43°19'02"E, 27.43 feet; thence 79.82 feet along the arc of a curve to the right having a radius of 124.00 feet, a central angle of 36°52'54" and a chord which bears N61°45'29"E, 78.45 feet; thence N809 1'56"E, 57.15 feet; thence N09°07'15"W, 32.19 feet; thence N80°26'03"E, 31.12 feet; thence S15°56'15"E, 21.89 feet; thence 88.64 feet along the arc of a non -tangent curve to the left having a radius of 91.14 feet, a central angle of 55°43'09" and a chord which bears S63°09'10"E, 85.18 feet; thence N83052'58"E, 691.20 feet; thence N78°25'23"E, 115.58 feet; thence N80°14'27"E, 257.69 feet; thence N78°33'16"E, 163.69 feet; thence N81°16'55"E, 107.58 feet; thence N59°47'32"E, 165.08 feet; thence S32°01'48"E, 36.87 feet to a point on the North line of the Cooley Mesa Road right-of-way; thence along said line 10.00 feet along the arc of a non -tangent curve to the right having a radius of 1115.92 feet, a central angle of 00°30'48" and a chord which bears S57°58'12"W, 10.00 feet; thence departing said line N32°01'48"W, 27.17 feet; thence S59°47'32"W, 157.29 feet; thence S81116'55"W, 109.24 feet; thence S78°33'16"W, 163.60 feet; thence S80°14'27"W, 257.68 feet; thence S78°25'23"W, 115.90 feet; thence S83°52'58"W, 692.11 feet; thence 80.19 feet along the arc of a non -tangent curve to the right having a radius of 10 1. 14 feet, a central angle of 45°25'27" and a chord which bears N68033'33"W, 78.10 feet; thence S80°11'56"W, 19.26 feet; thence S 17° 14'05"E, 122.66 feet to a point on the North line of the Cooley Mesa Road right-of-way; thence along said line S80°40'31 "W, 10.10 feet; thence departing said line N17°14'05"W, 122.57 feet; thence S80'1 1'56"W, 62.14 feet; thence 73.38 feet along the arc of a curve to the left having a radius of 114.00 feet, a central angle of 36°52'54" and a chord which bears S61°4529"W, 72.12 feet; thence S43°19'02"W, 27.43 feet; thence 71.08 feet along the arc of a non -tangent curve to the right having a radius of 106.00 feet, a central angle of 38°25'20" and a chord which bears S62'3 1'42"W, 69.76 feet; thence S81°35'13"W, 584.91 feet; thence S80°17'45"W, 274.23 feet; thence 14.70 feet along the arc of a curve to the left having a radius of 30.00 feet, a central angle of 28°04'33"and a chord which bears S66°15'28"W, 14.55 feet; thence S09°50'12"E, 63.00 feet to a point on the North line of the Cooley Mesa Road right-of-way; thence along said line S80°40'31"W, 10.00 feet; thence departing said line N09'50'1 2"W, 55.96 feet; thence 98.96 feet along the arc of a non -tangent curve to the right having a radius of 175.32 feet, a central angle of 32°20'25" and a chord which bears S61°49'13"W, 97.65 feet; thence S81°32'29"W, 658.60 feet; thence S85°08'03"W, 45.23 feet; thence S67136'42"W, 24.46 feet; thence S08°31'23 "E, 32.34 feet to a point on the North line of the Cooley Mesa Road right-of-way; thence along said line S80°40'31 "W, 10.00 feet to the Point of Beginning. This Easement shall include the right to ingress and egress over the adjacent lands of the Grantor for the purpose of installation, construction, operation, burial, reconstruction, repair, maintenance, use and removal of Facilities and exercising other rights hereby granted, and the right to clear and keep cleared all trees and other obstructions as may be necessary. This Easement shall commence on the date it is recorded and shall continue in perpetuity. No fees, costs or other charges shall be imposed upon CenturyTel in connection with the grant of this Easement to CenturyTel or its use of this Easement. Non-use or temporary non-use of the Easement shall not constitute abandonment. This Easement shall be binding upon and inure to the benefit of the Grantor, CenturyTel, and their respective successors and assigns. The Grantor covenants and warrants that the Grantor is the sole owner of the above-described real property and has all rights necessary to grant this Easement to CenturyTel, and that CenturyTel may peacefully enjoy the rights granted it hereunder. Grantor waives and releases all rights under, or existing by virtue of, any applicable homestead exemption laws, to the extent necessary to grant the rights granted hereunder to CenturyTel. Grantor reserves the right to use the Easement for any purpose, and to grant easements to other persons or entities, provided that any such use and/or easement is not inconsistent with the rights granted to CenturyTel pursuant to this Easement, and further provided that no such use, either by Grantor or any other person or entity, or any such easement, interferes with the rights granted to CenturyTel pursuant to this Easement. Any 2 utility use by Grantor or any other person or entity shall be in conformance with applicable safety codes and regulations. DATED this day of D(; i 0 bf (— , 201:( Grantor: Eagl my By: (signs re 4tsN y'yen LA (N , (printed name) Title: �-,%a.�n Legal description(s) prepared by: Archibeque Land Consulting, Ltd 105 Capitol Street, Suite 5 P.O. Box 3893 Eagle, CO 81631 STATE OF"I-X t) ) ss. COUNTY OF fit_ ) Grantee Title: jie fore oing i trument was acknowledged before me ��L-C- , the Eagle County, on behalf of the County. NANCY R. WRIGHT NOTARY PUBLIC STATE OF COLORADO My Commission ssio Expires 12/18/2010 CenturyTel of Eagle, Inc. this (0q-`--; day o� 20c� by 6i'� e_ of the W Notary Public Residing at Commission expiresl�'- 3 STATE OF I,yl,�x'LYY1c� ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 200 by �( the zwdj- of the CenturyTel of Eagle, Inc., on b alf of the corporation. Notary Public Residing at YDJde W Commission expires 0 EXHIBIT A EAGLE COUNTY SHEET 1 OF 2 A parcel of land located in Tract 57, Section 3, Township 5 South, Range 85 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows: Beginning at a point on the North line of the Cooley Mesa Road right-of-way from which a 2-1/2" diameter USGLO brass cap monument properly marked for the witness corner to Corner 3 of Tract 57 bears S80'55'40"W, 351.37 feet; thence departing said line N08'31'23"W, 46.49 feet; thence N78'19'14"E, 33.91 feet; thence N85'08'03"E, 45.45 feet; thence N81'32'29"E, 657.97 feet; thence 97.88 feet along the arc of a non -tangent curve to the left having a radius of 165.32 feet, a central angle of 33'55'22" and a chord which bears N60'55'23"E, 96.46 feet; thence 28.07 feet along the arc of a non -tangent curve to the right having a radius of 40.00 feet a central angle of 40'12'21" and a chord which bears N60'11'34"E, 27.50'; thence N80'17'45"E, 274.34 feet; thence N81'35'13"E, 585.04 feet; thence 64.39 feet along the arc of a non -tangent curve to the left having a radius of 96.00 feet, a central angle of 38'25'48" and a chord which bears N62'31'56"E, 63.19 feet; thence N43'19'02"E, 27.43 feet; thence 79.82 feet along the arc of a curve to the right having a radius of 124.00 feet, a central angle of 36'52'54" and a chord which bears N61'45'29"E, 78.45 feet; thence N80'11'56"E, 57.15 feet; thence N09'07'15"W, 32.19 feet; thence N80'26'03"E, 31.12 feet; thence S15'56'15"E, 21.89 feet; thence 88.64 feet along the arc of a non -tangent curve to the left having a radius of 91.14 feet, a central angle of 55'43'09" and a chord which bears S63'09'10"E, 85.18 feet; thence N83'52'58"E, 691.20 feet; thence N78'25'23"E, 115.58 feet; thence N80'14'27"E, 257.69 feet; thence N78'33'16"E, 163.69 feet; thence N81'16'55"E, 107.58 feet; thence N59'47'32"E, 165.08 feet; thence S32'01'48"E, 36.87 feet to a point on the North line of the Cooley Mesa Road right-of-way; thence along said line 10.00 feet along the arc of a non -tangent curve to the right having a radius of 1115.92 feet, a central angle of 00'30'48" and a chord which bears S57'58'12"W, 10.00 feet; thence departing said line N32'01'48"W, 27.17 feet; thence S59'47'32"W, 157.29 feet; thence S81'16'55"W, 109.24 feet; thence 578'33'16"W, 163.60 feet; thence S80'14'27"W, 257.68 feet; thence S78'25'23"W, 115.90 feet; thence S83'52'58"W, 692.11 feet; thence 80.19 feet along the arc of a non -tangent curve to the right having a radius of 101.14 feet, a central angle of 45'25'27" and a chord which bears N68'33'33"W, 78.10 feet; thence S80'11'56"W, 19.26 feet; thence 517'14'05"E, 122.66 feet to a point on the North line of the Cooley Mesa Rood right-of-way; thence along said line S80'40'31"W, 10.10 feet; thence departing said line N17'14'05"W, 122.57 feet; thence S80'11'56"W, 62.14 feet; thence 73.38 feet along the arc of a curve to the left having a radius of 114.00 feet, a central angle of 36'52'54" and a chord which bears S61'45'29"W, 72.12 feet; thence S43 -19'02"W, 27.43 feet; thence 71.08 feet along the arc of a non -tangent curve to the right having a radius of 106.00 feet, a central angle of 38'25'20" and a chord which bears 562'31'42"W, 69.76 feet; thence S81'35'13"W, 584.91 feet; thence S80'17'45"W, 274.23 feet; thence 14.70 feet along the arc of o curve to the left having a radius of 30.00 feet, o central angle of 28'04'33"and a chord which bears 566'15'28"W, 14.55 feet; thence S09'50'12"E, 63.00 feet to a point on the North line of the Cooley Mesa Road right-of-way; thence along said line S80'40'31"W, 10.00 feet; thence departing said line N09'50'12"W, 55.96 feet; thence 98.96 feet along the arc of a non -tangent curve to the right having a radius of 175.32 feet, a central angle of 32'20'25" and a chord which bears 561'49'13"W, 97.65 feet; thence S81'32'29"W, 658.60 feet; thence S85'08'03"W, 45.23 feet; thence S67'36'42"W, 24.46 feet; thence S08'31'23"E, 32.34 feet to a point on the North line of the Cooley Mesa Road right-of-way; thence along said line S80'40'31"W, 10.00 feet to the Point of Beginning. t TRACT 57 DESCRIBED PARCEL FtowD ELDON WILSON wPOINT OF C3 o < BEGINNING p41 o m T5SR85W N 8p'17'45" E N $1.35'13" E 535 4.91, - C1 C2 _ 4.341 S 81-35'13 W 58 z o rRST 27 1, N TR60 2 L19 3057.17' M WC 657.97' C1 C1 SSO'40'31"`ff LOT 14 N a1'32lJ. 2^R C - - - L21 L20 VALLEY AIRPARK, L PHASEI 83'26'55"W l.2 L3 _ = =:=: C12 L22 RECE ROAD REG 15.50' r OLEY MESA VALLEY AIRPARK, PHASE II !\[N 59,09"IN I;O RECEPTION No. 559763 09664 Sao' S, L 6L25 oe,4• • 275'2 T5SR85W • L28 L27 T -°T •• �• TRACT B TR801 SBQ'55'40" W VALLEY AIRPARK, PHASE II AND 1918 Do 351.37' TIE KOENKE EXEMPTION, TRACTS A AND B I •• • o z LOT z RECEPTION NO. 764280 �� • LOT 1 FLY -N -EAGLE CENTER, M EAGLE CDJNTYAIRPORT LOTS IAND 2 Scale kAL LA GARAGES, FILING NO. 7 RECEPTION 8 L RECEPTION No. 200702159 200702158 I 1 inch = 300 ft. Archibeque Land Consulting, Ltd SHEET 1 OF 2 NOTICE: According to Colorado law you MUST commence any legal action based upon any Professional Land Surveying & Mapping )OB NUMBER: defect in this exhibit within three years after you 105 Capitol Street, Suite 5 - P.O. Box 3893 07150_exhibit.dwg first discovered such defect. In no event, may Eagle, Colorado 81631 any action based upon any defect in this exhibit 9 PREPARED BY: CHECKED BY: be commenced more than ten years from the 970.328.6020 Office 970.328.6021 Fax DBS 10-11-07 TJA date of certification shown hereon, e C= • p ;'n . ; ��: x,31 EXHIBIT A EAGLE COUNTY SHEET 2 OF 2 AP 4, TRACT 56 AP 1, TRACT 57 ppp REGI O Scale 1 inch = 300 ft L LANDS C4I- � �1 C3� ';C9 10 1.33 PARCELB vwuer Q AlaawaK, K PHASEI u RECEPTION No. J 596128 m 7 a Lor IS O vwucr N Ala Pwa K, W P RECEPFTIONT11N No. K 596128 - E C5 N 83'52'58' 691_20_ _=---__- 692.11' oN 83'52' 58" E EY MESA ROAD LINE TABLE LINE CURVE TABLE BEARING LI CURVE RADIUS LENGTH TANGENT DELTA CHORD 45.45 C7 165.32 97.88 50.42 33'55'22" N 60'55'23" E 96.46 C2 40.00 28.07 14.64 40'12'21" N 60'11'34" E 27.50 C3 96.00 64.39 33.46 38'25'48" N 62'31'56" E 63.19 C4 124.00 79.82 41.35 36'52'54" N 61'45'29" E 78.45 CS 91.14 88.64 48.18 55'43'09" S 63'09'10" E 85.18 C6 1115.92 10.00 5.00 00'30'48" S 57'58'12" W 10.00 C8 101.14 80.19 1 42.33 45'25'27" N 68'33'33" W 78.10 C9 114.00 73.38 38.01 36'52'54" S 61'45'29" W 72.12 C10 106.00 71.08 36.94 38'25'20" S 62'31'42" W 69.76 C 1 1 30.00 14.70 7.50 28.04.33" S 66.15'28" W 14.55 C12 175.32 98.96 50.84 32'20'25" S 61'49'13" W 97.65 AP 4, TRACT 56 AP 1, TRACT 57 ppp REGI O Scale 1 inch = 300 ft L LANDS C4I- � �1 C3� ';C9 10 1.33 PARCELB vwuer Q AlaawaK, K PHASEI u RECEPTION No. J 596128 m 7 a Lor IS O vwucr N Ala Pwa K, W P RECEPFTIONT11N No. K 596128 - E C5 N 83'52'58' 691_20_ _=---__- 692.11' oN 83'52' 58" E EY MESA ROAD W AP 3, -CT 53 - 2, TRACT 54 I DESCRIBED PARCEL L12 i N gO'14' 27 E `10 - LAI 257.69 L29�1 S X15 16 257.68' L3 COOL m� I�Z 0 0 Lor 2 VALLEY AIRPARK, Z PAacELA PHASE Z v.LLEv RECEPTION NO. HOLY CROSS ELECTRIC ASSOCIATION, INC Z to AIRPwaK. 596128 J'S R111-01 1128No EAGLE VALLEY WAREHOUSE PARCEL Z 596 3 T5SR85W w BOOK 437 PAGE 17 0 z vI°LE TR56 J A-A_ � e A < RPHAIECEPrIONINO. TR57SID r C N L 596128 ,` O 1918 = N z FOUND 2-1 /2- ' 2" G Z D GLO BRASS CAP 1O Q MONUMENT (TYP) Archibe5ue Land Consulting, Ltd - Professional Land Surveying & Mapping - 105 Capitol Street, Suite 5 - P.O. Box 3893 Eagle, Colorado 81631 970.328.6020 Office 970.328.6021 Fax SHEET 2 OF 2 JOB NUMBER: 07150_exhibit.dwg PREPARED BY: CHECKED BY: DBS 10-11-07 TJA AP 6, TRACT 56 NOTICE: According to Colorado law you MUST commence any legal action based upon any defect in this exhibit within three years after you first discovered such defect. In no event, may any action based upon any defect in this exhibit be commenced more than ten years from the date of certification shown hereon. LINE TABLE LINE LENGTH BEARING LI 46.49 N 08'31'23' W L2 33.91 N 78'19'14' E L3 45.45 N 85'08'03'E L4 27.43 N 43'19'02' E L5 57.15 N 80'11'56' E L6 32.19 N 09'07'15' L7 31.12 N 80'26'03' L8 21.89 S 15'56'15' E L9 115.58 N 78'25'23' E L10 163.69 N 78'33'16' E -11 107.58 N 81'16'55' E L12 36.87 S 32'01'48' E L13 27.17 N 32'01'48' W L14 157,29 S 59'47'32' W L15 109.24 S 81'16'55' W L16 115.90 S 78'25'23' W L17 62.14 S 80'11'56' W L18 27.43 S 43'19'02' W L19 274.23 S 80'17'45' W L20 63.00 S 09'50'12' E L21 10,00 S 80'40'31' W L22 55.96 N 09'50'12' W L23 98.41 S 80'17'45' W L24 658.60 S 81'32'29' W L25 45.23S 65*08'03'W L26 24.46 S 67'36'42' L27 32.34 S 08'31'23' E L28 10,00 S 80'40'31' W L29 163.60 S 78'33'16' W L30 19.26 S 80'11'56' W L31 122.66 S 17'14'05' E L32 10.10 S 80'40'31' W L33 122.57 N 17'14'05' W W AP 3, -CT 53 - 2, TRACT 54 I DESCRIBED PARCEL L12 i N gO'14' 27 E `10 - LAI 257.69 L29�1 S X15 16 257.68' L3 COOL m� I�Z 0 0 Lor 2 VALLEY AIRPARK, Z PAacELA PHASE Z v.LLEv RECEPTION NO. HOLY CROSS ELECTRIC ASSOCIATION, INC Z to AIRPwaK. 596128 J'S R111-01 1128No EAGLE VALLEY WAREHOUSE PARCEL Z 596 3 T5SR85W w BOOK 437 PAGE 17 0 z vI°LE TR56 J A-A_ � e A < RPHAIECEPrIONINO. TR57SID r C N L 596128 ,` O 1918 = N z FOUND 2-1 /2- ' 2" G Z D GLO BRASS CAP 1O Q MONUMENT (TYP) Archibe5ue Land Consulting, Ltd - Professional Land Surveying & Mapping - 105 Capitol Street, Suite 5 - P.O. Box 3893 Eagle, Colorado 81631 970.328.6020 Office 970.328.6021 Fax SHEET 2 OF 2 JOB NUMBER: 07150_exhibit.dwg PREPARED BY: CHECKED BY: DBS 10-11-07 TJA AP 6, TRACT 56 NOTICE: According to Colorado law you MUST commence any legal action based upon any defect in this exhibit within three years after you first discovered such defect. In no event, may any action based upon any defect in this exhibit be commenced more than ten years from the date of certification shown hereon.