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HomeMy WebLinkAboutC09-108 MOU Berry Creek Metro-. TERM SHEET 1) Requested hearing date: First Choice: April 7, 2009 Second Choice: April 14,.2009 2) For County Manager signature: 1 3) Requesting department: Engineering Department 4) Title• ' Edwards Interchange Upgrade Memorandum of Understanding betwe Eagle County and Berry Creek Metropolitan District 5) Check one: ® Consent , ^ On the Record ~ ~' 6) Staff subm;<tt;<n I / ~`',1 Ben Gerdes ~~l QG~ ~- ~. l D 7) Purnose• The Edwards Interchange Upgrade project will require right-of--way owned by the Berry Creek Metropolitan District. Berry Creek is willing to donate the necessary right-of--way and easements for construction of the project pursuant to the terms of this agreement. 8) Schedule: The Edwards Interchange Project is scheduled to be advertised for bids on December 31, 2009 and construction anticipated to begin in the spring of 2010. 9) Financial considerations: Berry Creek Metropolitan District has agreed to dedicate the necessary property for the project. The project is a benefit to Berry Creek and the project will include installation of conduit for future use to bury electric transmission lines, installation of conduit for a future irrigation system, relocation and enhancement of the Berry Creek stream channel, salvage of the existing stone entry sign, relocation to the extent possible of desirable mature vegetation, where retaining walls are constructed on this property terracing will be incorporated into the design for future landscaping, and a commitment from the County to add the Berry Creek Road sidewalk extension project to its Capital Improvement Project list for consideration by the Board of County Commissioners. 10) Other: ,~pp~ TO FO By.' Eagle County Attorney's Office t3y. Fagla- f:ountY rc~rromissioners' Office MEMORANDUM OF UNDERSTANDING Between the Berry Creek Metropolitan District And Eagle County This Memorandum of Understanding (MOU), made this ~ day of -~C~t~--~' 2009 by and between the BERRY CREEK METROPOLITAN DISTRICT, acting by and through its Board of Directors (hereinafter "Berry Creek") and EAGLE COUNTY, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "County"), memorializes the arrangement and responsibilities between the two entities identified above as it pertains to right- of-way and easement dedication associated with the I-70 Edwards Interchange Upgrade Project. RECITALS: WHEREAS, Berry Creek owns Lot 97 and Tracts A and B as described by the Final Plat for Berry Creek Ranch recorded in Book 282, Page 638 and Reception Number 179045 (hereinafter "Subject Property"); and WHEREAS, County, in cooperation with the Edwards Area Metropolitan District, is developing plans for road improvements on the I-70G Spur Road between the intersection of Beard/Berry Creek Road and the Miller Ranch Road/ I-70G Spur Road (hereinafter "Improvements"); and WHEREAS, the Improvements will alleviate substantially traffic congestion and improve substantially safety of the Beard Creek/Berry Creek Road intersection, providing a benefit to Berry Creek and to the County as a whole; and WHEREAS, the Improvements will require portions of the Subject Property to be dedicated to County as road right-of--way for the footprint of the new roadway, and permanent easements will be granted for roadway embankment construction and maintenance, and temporary construction easements will be granted for construction grading; and WHEREAS, Berry Creek is willing to dedicate the necessary right-of--way and easements for construction of the Improvements on the Subject Property pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and following promises, Berry Creek and County agree as follows: A. Berry Creek Metropolitan District Responsibilities Berry Creek will agree to dedicate all necessary right-of--way and easements for construction of the Improvements on the Subject Property as will be described by the final right-of--way plans for the I-70 Edwards Interchange Upgrade Project as approved by the Colorado Department of Transportation. It is anticipated that the necessary right-of--way and easements are closely described by Exhibit "A" but that small changes may be required as the design of the Improvements is finalized. B. County Responsibilities County will prepare and record all necessary instruments and other documents for conveying the necessary right-of--way and easements from Berry Creek to County. C. Compensation Both Berry Creek and County acknowledge and agree that the Improvements provide a benefit to Berry Creek and County and that neither is liable to the other for any costs or fees hereunder. In addition to traffic and safety related benefits, the Improvements will also include installation of conduit for future use to bury overhead electric transmission lines, installation of conduit for a future irrigation system, relocation and enhancement of the Berry Creek stream channel, salvage of the existing stone entry sign, relocation to the extent possible of desirable mature vegetation, where retaining walls are constructed on the Subject Property terracing will be incorporated into the design for future landscaping, and a commitment from County to add the Berry Creek Road sidewalk extension not included in the Improvements to its Capital Improvement Project list for consideration by the Board of County Commissioners. Further, neither party to this MOU shall be required to pay any compensation to the other party for any services hereunder. The total encumbrance for this MOU is zero dollars. Nothing in this MOU is intended to create or grant to any third party or person any right or claim for damages, or the right to bring or maintain any action at law. D. Fiscal Information By this MOU, neither party incurs a direct financial obligation such that applicable law requires funds to actually be encumbered by the MOU therefore. Rather sufficient funds for any financial obligations that indirectly result from this MOU shall be encumbered by parties under separate, subsequent, third-party agreements, through which the equipment and services described herein will actually be provided. E. Term of MOU The term of this MOU shall be from the date of full execution by County for a period of one year or until all right-of--way dedication and easements related to the Improvements have been recorded with County, provided that instruments and other documents executed and recorded under paragraph B hereof shall remain in full force and effect according to their terms. F. Contacts County: Eagle County Engineer, Attention: Eva Wilson, PO Box 850, Eagle CO, 81631. Facsimile: (970)328-8789. Berry Creek: Be rry Creek Metropolitan District, Attention: Board of Directors, c/o Robertson & Marchetti, P.C., PO Box 600, Edwards, CO 81632. Facsimile: (970)926- 6040. IN WITNESS WHEREOF, the Berry Creek Metropolitan District and Eagle County have execut~ed~tphis Memorandum of Understanding this J ~` day of , j~~~n ~y , 200~3~ Ir"" ~ ATTEST: BERRY CREEK METROPOLITAN DISTRICT, by and through its BOARD OF DIRECTORS: TITLE: ~/~,iy~>~fi STATE OF G~~(~~ G~0 ) SS. COUNTY OF ~ C ~ The foregoing 'nstrument was of , 2008. Q~~~~ Notary Publi My commission expires: ~= „~~ ATTEST: BY~_~~~C~C Clerk to the Bo~~ Commissioners acknowledged before me by ~~~ ~ ~ ~`~`~ 4 this~_ day O /^ -~ a I~ COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS: BY: ,Chairman ~,~~-' 3 EXHIBIT "A" a ~ ~~ ~~ ~~ k~~~ to I; ~;- ~~ ~ z~ W ti, =~Z ~J fc 1 N C O .y .~ N m N Obi y' ci si / a a o u~ ~ ~Q w ~`' N o-o // : o ~ ~ o o~Q ,~/ ~ I -o~ y s ~ ,, 3 3 ~ i ~ ~ o~~~ mgt ~ ~~ I of ~ ~~ _~ N ~ Z' IW '. ~ ~ ~ Ov I i I i ~ ~ '1~1~p0 W ~ z; I o~~ a~d ~,, m ~ I ~ ~ ~ ~~ ~ a ~ •zm~~r ^~ v ~ y ~ F ~ ~~ vpi a G Al m c u7 x ~ ~ ~',,. F zi ~ ~m~ °o ~~ ~ ~~~. ~ 'Gx ~ i m ~ F" ~~~ ~ o w ~ ~ .. l-_~~. 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Said Temporary Easement being in the NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the southeasterly corner of said Lot 96; Thence along the northwesterly right-of--way of Berry Creek Road along the arc of a curve to the left having a radius of 190.00 feet and a central angle of 06°07'14", a distance of 20.30 feet (chord bears N81°44'S3"W 20.29 feet) to the TRUE POINT OF BEGINNING; 1. Thence continuing along said northwesterly right-of--way along the arc of a curve to the left having a radius of 190.00 feet and a central angle of 18°28'39", a distance of 61.27 feet (chord bears S8S°57'10"W 61.01 feet); 2. Thence leaving said northwesterly right-of-way N02°45'50"E a distance of 59.10 feet; 3. Thence S$7°14'10"E a distance of 60.58 feet; 4. Thence S02°45'SO"W a distance of 51.87 feet to the TRUE POINT OF BEGINNING. The above described parcel containing 3,260 Sq. Ft. [0.075 Acres), more or less. The purpose of the above described Temporary Easement is for a Temporary Construction Easement for a driveway reconstruction. ;~`~ ,;°~ *~, ~, r 'gat,-- '~„~, > >~ Y•~ ~, ~~ } High Country Engineering, lnk . ..~ ~,-~~ ,~ Frank W. Harrington, P.L.S. Nc~; 1~~819~- :~, ;;' 1517 Blake Avenue, Suite 101'~~~ ~ ~ ~ ;'''" ''~ t~~. ; Glenwood Springs, CO 81601 < -•>~'~ ~ ; ~'f`~AL. 4.i'r~'_~y~8 EXHIBIT C PROJECT NUMBER: IM 0702-265 PARCEL NUMBER: 104 PROJECT CODE: 15851 DATE: December 11, 2008 DESCRIPTION A tract or parcel of land No. 104 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 23 sq. ft. (0.001 acres), situated in Lot 95 Berry Creek Ranch Subdivision Recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing no. l at reception number 179045 and being in the NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, said tract or parcel of land being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng' found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the southwesterly corner of said Lot 95; Thence S66°00'42"E a distance of 83.39 feet to a point on the northerly right-of--way of Berry Creek Road, the TRUE POINT OF BEGINNING; 1. Thence leaving said northerly right-of--way along the arc of anon-tangent curve to the left having a radius of 43.00 feet and a central angle of 15°21'16", a distance of 11.52 feet (chord hears N76°16'10"E 11.49 feet) to a point on the westerly right-of- way of Latigo Circle; 2. Thence S45°59'24"W along said westerly right-of--way a distance of 9.06 feet to a point on said northerly right-of--way of Berry Creek Road; 3. Thence along said northerly right-of--way along the arc of a curve to the left having a radius of 190.00 feet and a central angle of 01°45'58", a distance of 5.86 feet (chord bears N52°2708"W 5.86 feet) #o the TRUE POINT OF BEGINNING. The above described parcel containing 23 Sq. Ft. (0.001 Acres), more or less. High Country Engineering, Inc. C?'~F~+=~'~wx~ Frank W. Harrington, P.L.S. No. 19598 ~a ::< i 9;518 1517 Blake Avenue, Suite 101 ~~"`~~ `` '' Glenwood Springs, CO 81601 '< t= t ~'~<-~ ._ EXHIBIT D PROJECT NUMBER: IM 0702-265 PARCEL NUMBER: 105 PROJECT CODE: 15851 DATE: December 11, 2008 DESCRIPTION A tract or parcel of land No. 105 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 1,459 sq. ft (0.033 acres) situated in Tract B, Edwards Station Condominiums, a Resubdivision of Tract B, Edwards Station recorded in the Eagle County Clerk and Recorder's Office as reception number 743865 and being in the NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, said tract or parcel of land being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the northeasterly corner of said Tract B; Thence N82°27'38"W a distance of 455.27 feet to a point on the easterlyright-of--way of Edwards Access Road, the TRUE POINT OF BEGINNING; 1. Thence along said easterlyright-of-way N26°05'11"E a distance of 60.75 feet to the northwesterly corner of said Tract B; 2. Thence leaving said easterly right-of--way S86°07'19"E along the southerly right- of-way of Interstate 70 a distance of 141.60 feet; 3. Thence continuing along said southerly right-of--way S69°43'19"E a distance of 3.02 feet; 4. Thence leaving said southerly right-of-way S89°56'12"W a distance of 122.26 feet; 5. Thence S47°57'03"W a distance of 65.40 feet to the TRUE POINT OF BEGINNING. The above described parcel containing 1,459 Sq. Ft (0.033 Acres), more or less. o seer; - _ •w,_ !S High Country Engineering, Inc. . ,,- ~ '~ 19598 z ~, Frank W. Harrington, P.L.S. No. 19598 0 ;• ~ ~ :: o ~ ~ t't~~ '~1 , Ay 1517 Blake Avenue, Suite 101 ; + c~4;~~ s Glenwood Springs, CO 81601 s%;~''••.••••••' ~~`~ ~`fi ~ ~ 3' qC LAPti~ . ~ ~ EXHIBIT E PROJECT NUMBER: IM 0702-265 PARCEL NUMBER:105A PROJECT CODE: 15851 DATE: December 11, 2008 DESCRIPTION A tract or parcel of land No.105A of the Department of Transportation, State of Colorado, Project Na. IM 0702-265 containing 29 sq. ft. [0.001 acres), situated in Tract B, Edwards Station Condominiums, a Resubdivision of Tract B, Edwards Station recorded in the Eagle County Clerk and Recorder's Office as reception number 743865 and being inthe NWl/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, said tract or parcel of land being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped °Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the southeasterly corner of Tract B. of said Edwards Station Condominiums Map; Thence N50°15'28"W a distance of 393.91 feet to a point on the easterly right-of--way of Edwards Access Road, the TRUE POINT OF BEGINNING; Thence leaving said easterly right-of--way along the arc of anon-tangent curve to the left having a radius of 75.00 feet and a central angle of 09°42'59", a distance of 12.72 feet [chord bears S14°43'41"E 12.70 feet) to a point on the southerly boundary of said Tract B; 2. Thence along said southerly boundary N40°16'12"W a distance of 11.48 feet to a point on said easterly right-of--way of Edwards Access Road; 3. Thence along said easterly right-of--way along the arc of a curve to the left having a radius of 577.50 feet and a central angle of 00°32'36", a distance of 5.48 feet {chord bears N49°54'22"E 5.48 feet) to the TRUE POINT OF BEGINNING. The above described parcel containing 29 Sq. Ft (O.OOlAcres), more or less. ,~; ~,~ ~~a ~E~~ SY .~A ,w ~~, .,°~ .... R ~" M ._ ~ High Country Engineering, Inc. ~ ~ ~ 7 95.95 Frank W. Harrington, P.L.S. No. 19598 ~ ~, ,~ ' 1517 Slake Avenue, Suite 101 ~~,':~ Z`'~`p~~~,~ ° ~" Glenwood Springs, CO 81601 '• .....''~~w~ °~r,; ~t,~ EXHIBIT F PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 105 PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION. A Temporary Easement Np. TE 105 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 2,940 sq. ft. (0.069 acres), situated in Tract B, Edwards Station Condominiums, a Resubdivision of Tract B, Edwards Station recorded in the Eagle County Clerk and Recorder's Office as reception number 743865. Said Temporary Easement being in the NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle Caunty, Colorado,-and being more particularly described as follows: ('1'he basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Sectian 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said section 4, a 1972 BLM brass cap found in place.) Commencing at the northeasterly corner of said Tract B; Thence S87°36'00"W a distance of 491.08 feet to a point on the easterly right-of--way of Edwards Access Road, the TRUE POINT OF BEGINNING; 1. Thence leaving said easterly right-of--way S37°55'28"E a distance of 44.12 feet; 2. Thence along anon-tangent curve to the right having a radius of 617.50 feet and a central angle of 5°12'05", a distance of 56.06 feet (chord bears S35°27'09"W 56.04 feet); 3. Thence N83°06'57"W a distance of 47.96 feet to a point on said easterlyright-of- way; 4. Thence along said easterly right-of--way along the arc of a curve to the Ieft having a radius of 577.50 feet and a central angle of 08°12'02", a distance of 82.66 feet (chord bears N36°22'40"E 82.59 feet); 5. Thence continuing along said easterly right-of--way N26°05'11"E a distance of 9.14 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 2,990 Sq. Ft. (0.069 Acres), more or less. The purpose of the above described Temporary Easement is for a Temporary Construction Easement for a driveway reconstruction High Country Engineering, Inc. Frank W. Harrington, P.L.S. Kea. 1517 Blake Avenue, Suite 1(?~ Glenwood Springs, CO 81601, l *\ 1.)598~r-,~~~~ " J EXHIBIT G PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 105A PROJECT CODE: 15851 DATE: March 6, 2009. DESCRIPTION A Temporary Easement No. TE 105A of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 1,908 sq. ft. (0.044 acres), situated in Tract B, Edwards Station Condominiums, a Resubdivision of Tract B, Edwards Station recorded in the Eagle County Clerk and Recorder's Office as reception number 743865. Said Temporary Easement being in the NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said section 4, a 1972 BLM brass cap found in ,place.) Commencing at the southeasterly corner of said Tract B; Thence N53°56'35"W along the northerly right-of--way of Miller Ranch Road a distance of 312.20 feet to the TRUE POINT OF BEGINNING; 1. Thence leaving said northerlyright-of--way N40°16'12"W along the southerly boundary of said Tract B, a distance of 73.13 feet; 2. Thence along the arc of a curve to the right having a radius of 75.00 feet and a central angle of 09°42'59", a distance of 12.72 feet (chord bears N14°43'41"W 12.70 feet) to a point on the easterly right-of--way of Edwards Access Road; 3. Thence along said easterlyright-of--way along the arc of a curve to the left having a radius of 577.50 feet and a central angle of 02°37'01", a distance of 26.38 feet (chord bears N48°19'33"E 26.38 feet); 4. Thence leaving said easterly right-of--way S15°41'30"E a distance of 57.73 feet; 5. Thence S53°54'49"E a distance of 66.06 feet; 6. Thence S36°05'11"W a distance of 15.32 feet to a point on the northerly right-of--way of Miller Ranch Road; 7. Thence along said northerlyright-of--way N53°56'35"W a distance of 36.10 feet to the TRUE POINT OF BEGINNING. The above described parcel containing 1,908 Sq. Ft. (0.044 Acres), more or less. The purpose of the above described Temporary Easement is for a Temporary Construction Easement for construction access. ., .~:. High Country Engineering, ln~. Frank W. Harrington, P.I,:S. Nb ;19~~38 1517 Blake Avenue, Suite 10~.`~•:~a,~w~.. "~ Glenwood Springs, CO 816i~~ •~ ~ ~ '°~ t s. ~,: EXHIBIT H PROJECT NUMBER: IM 0702-265 PARCEL NUMBER: PARCEL 106 PROJECT CODE: 15851 DATE: December 11, 2008 DESCRIPTION A tract or parcel of land No.106 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing S42 sq. ft (0.012 acres), situated in Tract A, Final Plat of Edwards Station recorded in the Eagle County Clerk and Recorder's Office as reception number 689048 and being in the NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, said tract or parcel of land being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the southeasterly corner of Tract B, Edwards Station; Thence N53°56'35"W along the northerlyright-of--way of Miller Ranch Road a distance of 349.07 feet to the TRUE POINT OF BEGINNING; 1. Thence N53°56'35"W along said northerlyright-of--way a distance of 50.75 feet to the southwesterly corner of said Tract A; 2. Thence along the easterly right-of--way of Edwards Access Road along the arc of a curve to the left having a radius of 577.50 feet and a central angle of 02°03'21", a distance of 20.72 feet (chord bears N51°12'20"E 20.72 feet); 3. Thence leaving said easterly right-of--way S40°16'12"E along the northeasterly boundary of said Tract A, a distance of 11.48 feet; 4. Thence leaving said northeasterly boundary along the arc of anon-tangent curve to the left having a radius of 75.00 feet and a central angle of 08°52'25", a distance of 11.62 feet (chord bears S24°01'23"E 11.60 feet); 5. Thence S28°27'36"E a distance of 26.73 feet to the TRUE POINT OF BEGINNING. The above described parcel containing 542 Sq. Ft. (0.012 Acres), more or less. ~~`~ , High Country Engineering,lnc. ~~,., ;~-_ v~~~~~,~-,. ; ~., Frank W. Harrington P.L.S. No. 19598 ' '~ . ~ ~~' 1517 Blake Avenue, Suite 101 ' • ~ i ~''~`~ ~ ,'; Glenwood Springs, CO 81601 ~'•,,1"~,~•~~,.~ ' , •~~ ..~ ., EXHIBIT PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 106 PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A Temporary Easement No. TE 106 of the Department of Transportation, State of Colorado, Project No. IM 0702-265•containing 332 sq. ft. (0.008 acres), situated in Tract A, Final Plat of Edwards Station recorded in the Eagle County Clerk and Recorder's Office as reception number 689048. Said Temporary Easement being in the NW1/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the southeasterly corner of Tract B, Edwards Station; Thence N53°56'35"W along the northerly right-of--way of Miller Ranch Road a distance of 349.07 feet to the TRUE POINT OF BEGINNING; 1. Thence along said northerly right-of--way N53°56'35"W a distance of 36.87 feet; 2. Thence leaving said northerly right-of--way N28°27'36"W a distance of 26.73 feet; 3. Thence along the arc of a curve to the right having a radius of 75.00 feet and a central angle of 8°52'25", a distance of ll.b2 feet (chord bears N24°01'23"W 11.60 feet) to a point on the northeasterly boundary of said Tract A, 4. Thence along said northeasterly boundary S40°16'12"E a distance of 73.13 feet to the TRUE POINT OF BEGINNING. The above described parcel containing 332 Sq. Ft. (0.008 Acres), more or less. The purpose of the above described Temporary Easement is for a Temporary Construction Easement for construction access. High Country Engineering, I Frank W. Harrington, P.L.S. 1517 Blake Avenue, Suite 1t Glenwood Springs, CO 8160 ,, .~, :~: .,, ~ ys~ ~.~., t;. EXHIBIT J PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 109 PROJECT CODE: 15851 DATE: March 5, 2009 DESCRIPTION A Temporary Easement No. TE 109 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 8,730 sq. ft. (0.200 acres), situated in Parcel 1, Northstar Center Subdivision recorded in the Eagle County Clerk and Recorder's Office as reception number 584397. Said Temporary Easement being in Sections 4 and 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Beginning at the southeasterly corner of said Parcel 1, the TRUE POINT OF BEGINNING; 1. Thence along the northwesterly right-of--way of Edwards Access Road along the arc of a curve to the right having a radius of 377.48 feet and a central angle of 04°47'12", a distance of 31.54 feet [chord bears S55°51'33"W 31.53 feet); 2. Thence leaving said northwesterly right-of--way along the arc of anon- tangentcurve to the left having a radius of 49.50 feet and a central angle of 13°S3'40", a distance of 12.00 feet (chord bears N15°01'07"W 11.97 feet); 3. Thence N21°57'57"W a distance of 11.81 feet; 4. Thence S68°02'03"W a distance of 11.00 feet; 5. Thence S21°57'57"E a distance of 11.81 feet; 6. Thence along the arc of anon-tangent curve to the right having a radius of 38.50 feet and a central angle of 20°57'30", a distance of 14.08 feet (chord bears S11°29'12"E 14.00 feet) to a point on said northwesterly right-of--way; 7. Thence continuing along said northwesterly right-of--way and along the arc of anon-tangent curve to the right having a radius of 377.48 feet and a central angle of 06°10'44", a distance of 40.71 feet (chord bears S63°12'02"W 40.69 feet); 8. Thence continuing along said northwesterly right-of--way S74°31'23"W a distance of 69.28 feet; 9. Thence leaving said northwesterly right-of--way N15°28'37"W a distance of 10.00 feet; 10. Thence N74°31'23"E a distance of 63.28 feet; 11. Thence N15°28'37"W a distance of 90.30 feet; 12. Thence along the arc of anon-tangent curve to the left having a radius of 277.48 feet and a central angle of 19°42'17", a distance of 95.43 feet (chord bears N54°41'53"E 94.96 feet) to a point on the easterly line of said Parcel l; 13. Thence along said easterly line along the arc of anon-tangent curve to the right having a radius of 65.50 feet and a central angle of 31°45'06", a distance of 36.30 feet (chord bears S04°14'38"E 35.84 feet); 14. Thence continuing along said easterly line S11°37'49"W a distance of 4.60 feet; 15. Thence continuing along said easterly line along the arc of a curve to the left having a radius of 65.50 feet and a central angle of 58°48'06", a distance of 67.22 feet (chord bears S17°46'14"E 64.31 feet); 16. Thence continuing along said easterly line S47°10'17E a distance of 9.04 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 8,730 Sq. Ft. (0.200 Acres), more or less. The purpose of the above described Temporary Easement is for a Temporary Construction Easement for a driveway reconstruction. ~- ~-.~t_ High Country Engineering, Inc. Frank W. Harrington, P.L.S. No. 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 •~ ~` ~ ~i3z,y ~ '~, I5~ 19598 ~ ; cr. .• ~ EXHIBIT K PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 109 PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 109 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 274 sq. ft. (0.006 acres), situated in Parcel 1, Northstar Center Subdivision recorded in the Eagle County Clerk and Recorder's Office as reception number 584397. Said permanent easement being in Sections 4 and 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the southeasterly corner of said Parcel l; Thence along the northwesterly right-of--way of Edwards Access Road along the arc of a curve to the right having a radius of 377.48 feet and a central angle of 04°47'12", a distance of 31.54 feet (chord bears S55°51'33"W 31.53 feet) to the TRUE POINT OF BEGINNING; 1. Thence continuing along said northwesterlyright-of--way along the arc of a curve to the right having a radius of 377.48 feet and a central angle of 01°51'31", a distance of 12.24 feet (chord bears S59°10'54"W 12.24 feet); 2. Thence leaving said northwesterly right-of--way along the arc of a non- tangent curve to the left having a radius of 38.50 feet and a central angle of 20°57'30", a distance of 14.08 feet (chord bears N11°29'12"W 14.00 feet); 3. Thence N21°57'57"W a distance of 11.81 feet; 4. Thence N68°02'03"E a distance of 11.00 feet; 5. Thence S21°57'57"E a distance of 11.81 feet; 6. Thence along the arc of a curve to the right having a radius of 49.50 feet and a central angle of 13°53'40", a distance of 12.00 feet (chord bears S15°01'07"E 11.97 feet) to the TRUE POINT OF BEGINNING; The above described parcel containing 274 Sq. Ft. (0.006 Acres), more or less. The purpose of the above described easement is to convey a permanent sidewalk easement for construction and maintenance of sidewalk ~- .~i---~- t~ High Country ingineerin~ Frank W. Harrington, P.L.. 1517 Blake Avenue, Suite Glenwood Springs, CO 81~ ~_ ~~ ~~~~ < ~ ~'„w.~r ` ,~ tit t~ ~ 15€3 c Y; ~ad~.9598 '~` °y ~~ c~ ..~ , ,, f rj -~ EXHIBIT L PROJECT NUMBER: IM 0702-265 PARCEL NUMBER:110 PROJECT CODE: 15$51 DATE: December 11, 2008 DESCRIPTION A tract or parcel of land No. 110 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 70 sq. ft (0.002 acres), situated in Parcel 2, Northstar Center Subdivision recorded in the Eagle County Clerk and Recorder's Office as reception number 584347 and being in Sections 4 and 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, said tract or parcel of land being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said section 4, a 1972 BLM brass cap found in place.) Commencing at the northwesterly corner of said Parcel 2; Thence S62°44'40"E a distance of 251.50 feet to a point on the northwesterly right-of--way of Edwards Access Road, the TRUE POINT OF BEGINNING; 1. Thence leaving said northwesterly right-of--way N16°38'30"E a distance of 30.56 feet to a point on the southerly right-of--way of Interstate 70; 2. Thence S69°42'37"E along said southerly right-of--way a distance of 4.56 feet; 3. Thence along said northwesterlyright-of--way of Edwards Access Road S25°11'23"W a distance of 30.61 feet to the TRUE POINT OF BEGINNING. The above described parcel containing 70 Sq. Ft. (0.002 Acres), more or less. _4 High Country Engineering, Inc. 1 ~~ ~" ;~~ ~ ~~~ ~= Frank W. Harrington, P.L.S. No. 19598 `~~ Y, , ~.~'~,~ . 1517 Blake Avenue, Suite 101 •, ~ ~~~~ Glenwood Springs, CO 81601 ~~~~ ~ ~ ~ ~~. ~;,~~ , EXHIBIT M PROJECT NUMBER: IM 0702-265 TEMPORARY EASEMENT NUMBER: TE 110 PROJECT CODE: 15851 DATE: March 6, 2009 DESC IPR TION A Temporary Easement No. TE 110 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 7,208 sq. ft. [0.165 acres), situated in Parcel 2, Northstar Center Subdivision recorded in the Eagle County Clerk and Recorder's Office as reception number 584397. Said Temporary Easement being in Sections 4 and 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, and being more particularly described as follows: (The basis of bearing for this description is a bearing of N02°03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said section 4, a 1972 BLM brass cap found in place.) Commencing at the northwesterly corner of said Parcel 2; Thence 862°44'40"E a distance of 251.50 feet to a point on the northwesterly right-of--way of Edwards Access Road, the TRUE POINT OF BEGINNING; 1. Thence continuing along said northwesterly right-of--way S25°11'23"W a distance of 106.80 feet; 2. Thence continuing along said northwesterly right-of--way along the arc of a curve to the-right having a radius of 377.48 feet and a central angle of 21°10'34", a distance of 139.51 feet (chord bears S42°52'40"W 138.72 feet); 3. Thence leaving said northwesterly right-of--way N47°10'17"W along the southwesterly boundary of said Parcel 2, a distance of 9.04 feet; 4. Thence continuing along said southwesterly boundary along the arc of a curve to the right having a radius of 65.50 feet and a central angle of S8°48'06", a distance of 67.22 feet [chord bears N17°46'14"W 64.31 feet); 5. Thence continuing along said southwesterly boundary N11°37'49"E a distance of 4.60 feet; 6. Thence continuing along said southwesterly boundary along the arc of a curve to the left having a radius of 65.50 feet and a central angle of 31°45'06", a distance of 36.30 feet (chord bears N04°14'38"W 35.84 feet); 7. Thence leaving said southwesterly boundary along the arc of anon-tangent curve to the left having a radius of 277.48 feet and a central angle of 2°24'14", a distance of 11.64 feet (chord bears N43°38'37"E 11.64 feet); 8. Thence S47°33'30"E a distance of 90.00 feet; 9. Thence along the arc of anon-tangent curve to the left having a radius of 367.48 feet and a central angle of 10°03'21", a distance of 64.50 feet (chord bears N37°24'50"E 64.41 feet); 10. Thence N25°11'23"E a distance of 122.91 feet; 11. Thence N31°22'35"W a distance of 20.92 feet to a point on the southerly right-of--way of Interstate 70; 12. Thence S69°42'37"E along said southerly right-of--way a distance of 23.00 feet; 13. Thence leaving said southerlyright-of--way S16°38'30W a distance of 30.56 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 7,208 Sq. Ft (0.165 Acres), more or less. The purpose of the above described Temporary Easement is for a Temporary Construction Easement for a driveway reconstruction and construction access. High Country Engineeri '~ Frank W. Harrington, P. 1517 Blake Avenue, Suit Glenwood Springs, CO 81 ~`~ ~, gg V M 1598 ~. ~ `•..S~ ~e~~ ~y ,S~ONAL l.PaO