HomeMy WebLinkAboutC09-370 Warranty Deed EC and CDOT~ a;~ sz~s~s
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THIS DEED, dated October 5, 2009, between THE BOARD OF COUNTY
COMMISSIONERS OF EAGLE COUNTY of the County of Eagle and State ~ ! ~~
of Colorado, grantor, and DEPARTMENT OF TRANSPORTATION, STATE ~
OF COLORADO, whose legal address is 4201 E. Arkansas Avenue, Denver, Co
80222. of the City and County of Denver and State of Colorado, grantee:
WITNESS, that the grantor, for and in consideration of the sum of Seven Hundred Fifteen Thousand Dollars and
no/100s ($715,000.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee,
his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the
County of Eagle and State of Colorado, described as follows:
See Attached Exhibit "A" dated May 15, 2006 for: AND See Attached Exhibit `B" dated May 19, 2006 for:
Project Number: IM 0702-229 Project Number: IM 0702-229
Project Code: 13230 Project Code: 13230
Parcel Number 105 and lOSR Parcel Number AC-105
also known by street and number as:
assessor's schedule or parcel number:
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the
grantee, his heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant,
grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or
nature whatsoever, except
Reserving unto the grantor all coal, oil, gas and other hydrocarbons, and all clay and other valuable minerals in and
under said premises; provided, however, and the grantor hereby covenant and agree that the grantee shall forever
have the right to take and use, without payment of further compensation to the grantor, any and all sand, gravel,
earth, rock, and other road building material found in or upon said Parcel numbers. 105, andlOSR referenced above.
The grantor further covenant and agree that no exploration for, or development of any of the products hereby
reserved will ever be conducted on or from the surface of the premises hereinabove described, and that in the event
any of such operations may hereafter be carried on beneath the surface of said premises, the grantor shall perform no
act which may impair the subsurface or lateral support of said premises. This reservation and the covenants and
agreements hereunder, shall inure to and be binding upon the grantor and its heirs, personal and legal
representatives, successors and assigns forever.
And Reserving unto the grantor, its successors and assigns for the use and benefit of the public, a right of flight for
the passage of aircraft in the airspace above the surface of the real property herein described, together with the right
to cause in said airspace such noise as may be inherent in the operation aircraft now known or hereafter used for
navigation of or tight in the said airspace and for use of said airspace for landing on, taking off from, or operating
on the Eagle County Regional Airport.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet
and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable
to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
THE BOARD OF COUNTY COMMISIONERS
OF EAGLE COUNTY, STATE OF COLORADO
Name: Sara J. Fishe
Title: Chairman, Board of County Commissioners
STATE OF COLORADO, County of EAGLE may; F~
The foregoing instrument was acknowledged before me this~_ d y of C~ , 20~,
by Sara J. Fisher, Chairman, Board of County Commissioners of Eagle County, State of Colorado.
-~-~" Witness my hand and official se I.
NANCY R. INRIGHT conunission exp' es: ~ ~ ! g ~ to
NOTARY PUBLIC
STATE OF COLORADO Notary Public
Name and A s ~ ption (538-35-106.5, C.R.S.)
No. 932A. Rev. 4-94. WARRANTY DEED (For Photographic Record) Page 1 of 1
EXHIBIT "A"
PROJECT NUMBER: IM 0702-229
PARCEL NUMBER: 105
Project Code: 13230
Date: May 15, 2006
DESCRIPTION
A tract or pazcel No. 105 of the Department of Transportation, State of Colorado, Project No. IM 0702-229
containing 6.962 acres, more or less, in tracts 51 and 53 of Section 2, Township 5 South, Range 85 West, of the Sixth
Principal Meridian, in Eagle County, Colorado, said tract or pazcel being more particularly described as follows:
Commencing at the W '/o corner of said Section 2, Thence S. 87°30'03" E., a distance of 2191.33 feet to a point
on the existing southerly right-of--way of U.S. Highway 6 (Nov. 2004), said point also being the TRUE POINT OF
BEGINNING;
Thence S. 7°12'54" E., a distance of 1036.84 feet;
2. Thence S. 85°14'47" W., a distance of 259.38 feet;
3. Thence N. 68°03'19" W., a distance of 203.96 feet;
4. Thence N. 79°21'55" W., a distance of 230.00 feet;
5. Thence N. 10°38'05" E., a distance of 140.00 feet;
6. Thence S. 83°05'48" E., a distance of 230.49 feet;
7. Thence N. 56°57'36" E., a distance of 160.04 feet;
8. Thence N. 1°31'16" E., a distance of 273.87 feet;
9. Thence N. 5°10'18" W., a distance of 473.95 feet to the existing southerly right-of--way line of U.S. 6;
10. Thence along said line along the arc of a curve to the left having a radius of 5784.58 feet, a distance of
190.50 feet, (the chord of said arc beazs S. 86°32'38" E., a distance of 190.49 feet), more or less, to the
TRUE POINT OF BEGINNING.
The above described parcel contains 6.962 acres, more or less of which 1.518 acres is in the existing Cooley
Mesa Road.
Basis of Bearings: The bearings referenced on this survey can be determined from any monuments set or
found as shown on the Survey Control Diagram. The basis of bearings for project reference is a line from NGS
Primary Airport Control Station Disk "BROWN" to NGS Secondary Airport Control Station Disk "EGE C" having a
bearing of S 79° 20'42" W a distance of 3514.36 feet located in Section 2, T. 5 S., R. 85 W. of the Sixth Principal
Meridian in Eagle County, Colorado.
For and on Behalf of the Department
of Transportation, State of Colorado
Thomas D. Spor
222 South 6~' Street
Grand Junction, CO 81503
EXHIBIT "A"
PROJECT NUMBER: IM 0702-229
PARCEL NUMBER: lOSR
Project Code: 13230
Date: May 15, 2006
A tract or parcel No. l OSR of the Department of Transportation, State of Colorado, Project No. IM 0702-229
containing 0.024 acres, more or less, in tracts 51 and 53 of Section 2, Township 5 South, Range 85 West, of the Sixth
Principal Meridian, in Eagle County, Colorado, said tract or parcel being more particularly described as follows:
Commencing at the W % corner of said Section 2, Thence S. 87°30'03" E., a distance of 2191.33 feet to a point
on the existing southerly right-of--way of U.S. Highway 6 (Nov. 2004), said point also being the TRUE POINT OF
BEGINNING;
Thence along said line along the arc of a curve to the left having a radius of 5784.55 feet, a distance of
1.01 feet, (the chord of said arc bears S. 88°55'20" E., a distance of 1.01 feet);
2. Thence S. 7°12'54" E., a distance of 1036.70 feet;
Thence S. 82°45'41" W., a distance of 1.00 feet;
4. Thence N. 7°12'54" W., a distance of 1036.84 feet, more or less, to the TRUE POINT OF
BEGINNING.
The above described pazcel contains 0.024 acres (1037 square feet), more or less.
Basis of Bearings: The bearings referenced on this survey can be determined from any monuments set or
found as shown on the Survey Control Diagram. The basis of bearings for project reference is a line from NGS
Primary Airport Control Station Disk "BROWN" to NGS Secondary Airport Control Station Disk "EGE C" having a
bearing of S 79° 20'42" W a distance of 3514.36 feet located in Section 2, T. 5 S., R. 85 W. of the Sixth Principal
Meridian in Eagle County, Colorado.
For and on Behalf of the Department
of Transportation, State of Colorado
Thomas D. Spor
222 South 6`s Street
Grand Junction, CO 81503
EXHIBIT "B"
PROJECT NUMBER: IM 0702-229
Parcel AC-105
Project Code: 13230
Date: May 19, 2006
ACCESS DESCRIPTION
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the
right-of--way of Colorado State Highway No. 70, a freeway established according to the laws of the State of Colorado,
and from and to any part of the real property of the Grantor in Tracts 51 & 53 of Section 2, Township 5 South Range 85
West, of the Sixth Principal Meridian, in Eagle County, Colorado, abutting upon said Highway, along or across the line
or lines described as follows:
IM 0702-229 AC-105 Westerly Line
Project No. (Parcel No.) (Location of Line)
Commencing at the NW Corner of said Section 2, thence S. 87°35'31" E., a distance of 2000.87 feet to a point
on the existing southerly right-of--way of U. S. Highway 6 (July 2005), said point also being the TRUE POINT OF
BEGINNING;
1. Thence S. 5°10'18" E., a distance of 473.95 feet;
2. Thence S. 1 °31' 16" W., a distance of 273.87 feet;
3. Thence S. 56°57'36" W., a distance of 160.04 feet;
4. Thence N. 83°05'48" W., a distance of 230.49 feet, said also being the point of terminus of this
description.
NO ACCESS POINTS
ALSO
Southerly Line
(Location of Line)
Commencing at the A.P. 1 of Tract 54 of said Section 2, thence N. 48°25'20" W., a distance of 755.88 feet to
the TRUE POINT OF BEGINNING;
1. Thence S. 79°21'55" E., a distance of 230.00 feet;
2. Thence S. 68°03'19" E., a distance of 203.96 feet;
3. Thence N. 85° 14'47" E., a distance of 259.38 feet, said also being the point of terminus of this
description;
NO ACCESS POINTS
ALSO
Easterly Line
(Location of Line)
Commencing at the W '/o comer of said Section 2, Thence S. 87°30'03" E., a distance of 2191.33 feet to a
point on the existing southerly right-of--way of U.S. Highway 6 (Nov. 2004), said point also being the TRUE
POINT OF BEGINNING;
Thence S. 7°12'54" E., a distance of 942.72 feet.
• •
NO ACCESS POINTS
Basis of Bearings: The bearings referenced on this survey can be determined from any monuments set or found as
shown on the Survey Control Diagram. The basis of bearings for project reference is a line from NGS Primary Airport
Control Station Disk "BROWN" to NGS Secondary Airport Control Station Disk "EGE C" having a bearing of S
79°20'42" W a distance of 3514.36 feet located in Section 2, T. 5 S., R. 85 W. of the Sixth Principal Meridian in Eagle
County, Colorado.
For and on Behalf of the Department
of Transportation, State of Colorado
Thomas D. Spor
222 S. 6`~ Street, rm. 317
Grand Jct., CO. 81501
