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Home My WebLink AboutC09-432 BCMD Encroachment EasementENCROACHl~~1ENT EASEMENT FOR CONSTRUCTION OF ROADWAY SLOPE ~' ~'`~ ~~ TH1S EASEMENT (hereinafter "Easement Agreement") is made and entered into this ~` day of ~:~c~~-~c~~`V , 2009 by and between the Bevy Creek Metropolitan District, acting by and through its Board of Directors (hereinafter "Berry Creek") and Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "Eagle County"). WITNESSE'I'H: WHEREAS, Berry Creek owns Lot 97, Tract A and Tract 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, Eagle County in conjunction with tl~e Edwards Area Metropolitan Districts are developing plans for road improvements of the I-70G Spur Road between the intersection of Beard/Berry Creek Road intersection and the Miller Ranch Road/ I-70G Spur Road intersection (hereinafter "Improvements"); and WHEREAS, these Improvements will alleviate traffic congestion and improve 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 construction of permanent roadway slopes ("Roadway Slopes") and drainage improvements ("Drainage Improvements") on the Subject Property; and WHEREAS, Berry Creek is willing to grant the County certain perpetual, non-exclusive encroachment easements for the purpose of construction and maintenance of the Roadway Slopes and Drainage Improvements on the Subject Property pursuant to the terns and conditions of this Agreement. NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency of which is hereby acknowledged, Berry Creek and Eagle County agree as follows: ENCROACH~'IEN"1' EASEMENT GRAN"[': Berry Creek hereby grants and conveys to Eagle County, their successors and assigns the following non-exclusive, perpetual encroachment casements: PE 101; PE 101 A-F; PE 102; and PE 102 A-G, for the purposes of constructin~~ and maintaining the Roadway Slopes and Drainage Improvements within the Subject Property at the locations shown on the right-of-way plan as shown by Exhibit "A" and described by legal dcsc--iptions contained in Exhibits "B" through "P" attached hereto and incorporated herein by this reference (hereinafter, the "Permanent Easements"). The permanent Easements granted herein shall be interests in real property owned by the Berry Creek for the purpose of providing structural support for the overlying lmprovements. The Easements granted by this agreement are non-exclusive and Berry Creek reserves the right to use for itself and to grant for others rights-of--way over, under, across or through the Easements herein granted, provided that they do not unreasonably interfere with Eagle County's Easements or the structural support of the overlying Improvements. Without limiting the foregoing, Berry Creek reserves the right to place along, across, under, over and through the Encroachment Easements as many electric lines, power lines, waterlines, sewer lines, gas lines, telephone lines and other utilities as Berry Creek may deem necessary, as well as landscape improvements such as plant materials, grasses, trees, entry features, street-scape, and hard-scape subject only to the right of Eagle County to use the same for the purposes herein granted. The encroachment of the Roadway Slopes and Drainage lmprovements into Berry Creek's property shall not constitute any relinquishment of Berry Creek's property rights whether through claims of adverse possession or any other means. CONSTRUCTION AND MAINTENANCE OF 1MPROVEMENTS: Eagle County shall be solely responsible for all construction, repair, and maintenance of the Roadway Slopes and Drainage Improvements within the said Easements and hereby releases the Berry Creek from any and all liabilities arising out of the County's use of the Easements. This does not include any future landscaping constructed by Berry Creek. Eagle County shall at all times remain solely responsible for injuries, demands, damages to persons or property, losses or judgments arising from the use of the Easements. INDEMNIFICATION: To the extent permitted by law, Eagle County shall indemnify and hold harmless Berry Creek and any of its officers, agents and employees against any losses, claims, damages or liabilities for which Berry Creek or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Easement Agreement, or are based upon any performance or nonperformance by Eagle County hereunder; and to the extent permitted by law Eagle County shall reimburse Berry Creek for any and all legal and other expenses incurred by Berry Creek in connection with investigating or defending any such loss, claim, damage, liability or action. ENFORCEMENT REMEDIES: Berry Creek and Eagle County agree that the rights and obligations set forth in this Easement Agreement may be enforced for specitic performance, injunctive, or other appropriate relief, including damages, as u~ay be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Easement Agreement, both Berry Creek and Ea~~le County commit themselves to perform pursuant to the terms and conditions contained herein. In the event that an action is brow=ht to enforce this Easement Agreement, the prevailing party shall be responsible for the recovery of its costs and fees, includin~~ reasonable attorney's fees. MISCELLANEOUS: This Easement Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Easement Agreement shall be in Eagle County, Colorado. This Easement Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of Berry Creek and Eagle County and their respective successors and assigns. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than Berry Creek and Eagle County and their respective successors and assigns, any right, remedy or claim under or by reason of any covenant or condition herein contained. If any portion of this Easement Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Easement Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Easement Agreement. This Easement Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both Berry Creek and Eagle County. This Easement Agreement represents the full and complete understanding of Berry Creek and Eagle County and supersedes any prior agreements, discussions, negotiations, representations or understandings of Berryy Creek and Eagle County with respect to the subject matter contained herein. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. These Permanent Easements are granted subject to prior grants of easements and other ownership interests of record. Berry Creek makes no warranties as to the title of the easements conveyed. With the exception of the indemnities provided by Eagle County hereunder, Berry Creek and Eagle County shall instu-e themselves separately against liability, loss and damages arising out of the use of the Easements. Berry Creek and Eagle County, their elected officials, officers, agents and employees are relying upon and do not waive or abrogate, or intend to waive or abrogate by any provision of this Easement Agreement the monetary limitations ur any other rights immunities or protections afforded by the Colorado Governmental Immunity Act, C.R.S Section 24-10-101, et. seq., as the same may be amended. All financial obligations of Berry Creek and Eagle County under and pursuant to this Easement Agreement are subject to prior appropriations of monies expressly made by the respective parties for the purposes of this Easement Agreement. No elected official, director, officer, agent or employee of Berry Creek or Eagle County shall be charged personally or held contractually liable by or to the other party under any term or provision of this Easement Agreement or because of any breach thereof or because of its or their execution, approval or attempted execution of this Easement Agreement. // RE~LIAlNDER OFYAGE INTENTIONALLYLEFT BLANK // IN WITNESS WHEREOF, BERRY CREEK and EAGLE COUNTY have executed this Permanent Easement this„2gT~- day of C~ ~ Try 3 ~~2 , 2009. ATTEST: BERRY CREEK METROPOLITAN DISTRICT, by and through its BOARD OF DIRECTO/R/S: ~,q_,, TITLE: ~cfC ~'o.; Tc;~~~ ~°~rC~ Clerk to the Bo d of County ~ a* O ~~ Commissioners ORP STATE OF ~oraC~G ) COUNTY OF SS. ~ ~ ~ ~ The foregoing instrument was acknowledged before of ~ ~ ~`c bC f , ?009. My commission expires: ~ ~ lt2 Ci ~ CHERI L CURTIS Notary Public State of Colorado TITLE:f~'~51~erlt COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIO RS: Pete r-. 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G ~ i E~ P a ~ f (/w`^ i /ASV ~ W / / F % ^ i / % ~ °j, ~ / i ~: S ~i N / • ~ u ~ C ~ m ~~ ~~ ,~ d, y / i d ~ a ~ ~ U F~ ~~~ i i ~ _ - ~ ~ oo / ~" ~ e i _ m s 515 ~S ~'E ~ µ ~ 25~ 9g 'u C % / ~ ' n i ' /~ i ---tom _ ~ ~~!",~ _ i I _ _ _ _.._ _ ___ -.- _ l2 I` - l K BERRY CREEK~R ~ ~ ~\ .y r ~ ~ .~ ~ ~ I ,0 N ~ ~ _ ~/~ i 0= a _ - - --- - + - 513'2 I ~ ` N 43 0 ~ ~ v 28 z Ox ~ o ~ v L U ~ e' ~ ~ I p9 1 4 I - i c~ ~e T/~_ - i W ` ~ _ _ _ l~ i _ _ I \~ ~ ~ ~ 3 ~~ ~ ~~ yEntO DISiPoC1 ^I ~ o* P ` ` ' l 11B ' W ~ `~~ ~ ~ ~ m ~ ` ~~ . 9~ . CH S ~ ~ p a ~ ~ i ~~n }I~ n ~ g ~a'o ~N m a n ., ' I'' _ ~ ~ 8 _ ~ ~5, do ~W O / N N [~ N ~x -' aI N ~ ~ eQ ` ~ ! OZOt3 ~ V Q d ~a ~Y , mF : ~ ~ N C O .N 0_' d L N ~ rn ~ ~ v ' m O ~ 'L ~ ~ I Q' a ~ Q R N N ~ ~ ~ ~ ~ - ~ o r/ v ~Y< _ .'~.~ ~ m~ ~j / '~ ~ 7 y ~ / ~,~ ~ ... I ~9wo ~R ~ / o~ $ ~ xLL W ~~+ d ~ 3 W ~~~ a ~'~ i ~ ~~ e o ~ T ~ ., ~~.`' 1 ~~ oN I ~~ ~ `J 3 ~ ~;~ _ / ~ 1 !~ ~ I s; aG.~ /- ~ V; ~ J O L ~ ~~ / ~ / r. _ ,. o . O. ~ ~ U ~ x oe ~ ~~ F I _ F / (~ / O~ Z_ ~ % ~~ k~ ~ \ ' ~{ ~ ~ \ _ ~ ! l -~----------_-_-_____ '1d30 03NO15' ________ _ N39Wf1N NOI1d30321 ' 30Vd lV SA3A21f1$ AVM 301H0121/SA3Ail(1$ ONVI A1Nf100 3H1 30 - NOOK NI AlNO NOI1tlW1J0~N1 NOd "W' lV ' OZ d0 AVQ ---- $IHl 031ISOd3C ~NOLLtl01dLL2f30 ONI-lL EXHIBIT B PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 101 PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 101 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 2,140 sq. ft. (0.049 acres), situated in Tract A Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said permanent easement being in the NWl/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 southwesterly corner of Lot 97, Berry Creek Ranch Subdivision; Thence N00°38'49"W a distance of 74.89 feet to a point in said Tract A, the TRUE POINT OF BEGINNING; 1. Thence S40°20'49"E a distance of 20.02 feet; 2. Thence S46°51'04"W a distance of 70.75 feet to a point on the southwesterly boundary of said Tract A; 3. Thence along said southwesterly boundary along the arc of a curve to the left having a radius of 260.40 feet and a central angle of 6°25'59", a distance of 29.24 feet [chord bears N81°50'30"W 29.22 feet); 4. Thence along the northwesterly boundary of said Tract A, along the arc of a compound curve to the right having a radius of 65.00 feet and a central angle of 8°17'29", a distance of 9.41 feet (chord bears N13°18'55"E 9.40 feet); 5. Thence leaving said northwesterly boundary N46°51'04"E a distance of 65.35 feet; 6. Thence S43°08'56"E a distance of 8.00 feet; 7. Thence N46°51'04"E a distance of 16.81 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 2,140 Sq. Ft. (0.049 Acres), more or less. The purpose of the above described easement is to convey a permanent slope easement for road construction and maintenance. High Country Engineerin nai,~ ~' ° _~ t Frank W. Harrington, P.L. I~pc 95198 ~ 1517 Blake Avenue, Suite 'b ~ y 'a ' ° Glenwood Springs, CO 816 "~s sa~~~J~~ ANAL LAN~~ EXHIBIT C PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE lOlA PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 101A of the Department of Transportation, State of Colorado, Project No. [M 0702-265 containing 1,028 sq. ft (0.024 acres), situated in Tract A Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No.1 at reception number 179045. Said permanent 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 southwesterly corner of Lot 97, Berry Creek Ranch Subdivision; Thence N00°38'49"W a distance of 74.89 feet to a point in said Tract A, the TRUE POINT OF BEGINNING; 1. Thence N46°51'04"E a distance of 11.53 feet; 2. Thence along the arc of a curve to the right having a radius of 50.50 feet and a central angle of 18°55'04", a distance of 16.67 feet (chord bears N56°18'37"E 16.60 feet); 3. Thence S40°20'49"E a distance of 35.20 feet; 4. Thence 549°39'11"W a distance of 28.00 feet; 5. Thence N40°20'49"W a distance of 36.55 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 1,028 Sq. Ft. (0.024 Acres), more or less. The purpose of the above described easement is to convey a permanent slope and drainage easement for road construction and maintenance. ~- ~\L-- \r-~. High Country Engineering, Inc. Frank W. Harrington, P.L.S. No. 1 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 U . p , 98 ~~ Z ~ Q~14~ • rr -v<t ~: U p•,c ~.a "NAL LANV ,,~ EXHIBIT D PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 1018 PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 1018 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 838 sq. ft. (0.019 acres), situated in Tract A Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No.1 at reception number 179045. Said permanent easement being in the NWl/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 southwesterly corner of Lot 97, Berry Creek Ranch Subdivision; Thence N38°53'41"E along the westerly boundary of said Lot 97, a distance of 88.39 feet to the TRUE POINT OF BEGINNING; 1. Thence leaving said westerly boundary along the arc of anon-tangent curve to the left having a radius of 26.50 feet and a central angle of 38°46'21", a distance of 17.93 feet (chord bears N79°01'27"W 17.59 feet); 2. Thence N40°20'49"W a distance of 26.03 feet; 3. Thence along the arc of anon-tangent curve to the right having a radius of 50.50 feet and a central angle of 58°39'36", a distance of 51.70 feet (chord bears S84°54'03"E 49.47 feet) to a point on said westerly boundary of Lot 97; 4. Thence along said westerly boundary of Lot 97, S38°53'41"W a distance of 24.14 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 838 Sq. Ft (0.019 Acres), more or less. The purpose of the above described easement is to convey a permanent slope easement for road construction and maintenance. a'r .. S \• \•~ A High Country Engineering, Iti~. -, ~ i ~5: Frank W. Harrington, P.L.S. No. 1.9588 1517 Blake Avenue, Suite 101., `. ,~'•3~~.~ c Glenwood Springs, CO 81601 ~ . ~~,.~,'' •••~"' EXHIBIT E PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 101C PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 101C of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 338 sq. ft. (0.008 acres), situated in Tract A Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No.1 at reception number 179045. Said permanent 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 northwesterly corner of Lot 97, Berry Creek Ranch Subdivision; Thence S38°53'41"W along the westerly boundary of said Lot 97, a distance of 17.76 feet to the TRUE POINT OF BEGINNING; Thence along said westerly boundary of Lot 97, S38°53'41"W a distance of 53.40 feet; 2. Thence leaving said westerly boundary along the arc of anon-tangent curve to the right having a radius of 46.50 feet and a central angle of 21°13'18", a distance of 17.22 feet (chord bears N07°01'40"W 17.12 feet); 3. Thence N55°24'44"E a distance of 43.27 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 338 Sq. Ft. (0.008 Acres), more or less. The purpose of the above described easement is to convey a permanent slope easement for road construction and maintenance. ~~. •' High Country Engineering, In ~ .~- `' : ~ '' ~° Frank W. Harrington, P.L.S. N ~ X9598 ~ ° ~"~ ~:~ 1517 Blake Avenue, Suite 101 , . ~ Glenwood Springs, CO 81601 ~; .... _..,.• r~, L - r s~t~= EXHIBIT F PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 101D PROJECT CODE: 15851 DATE: March 6, 2009 A permanent easement No. PE 101D of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 3,745 sq. ft. (0.086 acres), situated in Tract A Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said permanent easement being in the NWl/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 northwesterly corner of Lot 97, Berry Creek Ranch Subdivision; Thence S38°53'41"W along the westerly boundary of said Lot 97, a distance of 17.76 feet to the TRUE POINT OF BEGINNING; 1. Thence leaving said westerly boundary 555°24'44"W a distance of 43.27 feet; 2. Thence along the arc of anon-tangent curve to the right having a radius of 46.50 feet and a central angle of 43°16'05", a distance of 35.12 feet (chord bears N25°13'02"E 34.29 feet]; 3. Thence N46°51'04"E a distance of 22.54 feet; 4. Thence along the arc of a curve to the right having a radius of 89.11 feet and a central angle of 13°55'21", a distance of 21.65 feet (chord bears N53°48'45"E 21.60 feet); 5. Thence N31°09'21"W a distance of 6.00 feet; 6. Thence along the arc of a curve to the right having a radius of 95.11 feet and a central angle of 24°47'26", a distance of 41.15 feet (chord bears N73°02'50"E 40.83 feet) to a point of compound curvature on the southwesterly right-of-way of Berry Creek Road; 7. Thence along said southwesterly right-of--way, along said compound curve to the right having a radius of 120.00 feet and a central angle of 19°51'51", a distance of 41.60 feet (chord bears S68°45'57"E 41.40 feet); 8. Thence leaving said southwesterly right-of--way S39°10'50"W a distance of 51.37 feet to a point on the northerly boundary of said Tract A; 9. Thence N68°49'12"W along said northerly boundary a distance of 46.97 feet; 10. Thence S38°53'41"W along the westerly boundary of said Tract A, a distance of 17.76 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 3,745 Sq. Ft. (0.086 Acres), more or less. The purpose of the above described easement is to convey a permanent slope and drainage easement for road construction and maintenance. ,~{j1PP~~O• IiEC~`~T~ ~-- ~,- -- i959~'c ¢ High Country Engineering, Inc. ~ ;'; ~y a : o ~' Frank W. Harrington, P.L.S. No. ~$ ;~ ~? ~ ~! 1517 Blake Avenue Suite 101 ~ '~~ ~ '~~• ~"""'~ ''~ ~. ~ ~/iJ I l-~,ln , r Glenwood Springs, CO 81601 ~`~~K~~~,:~r=fir' EXHIBIT G PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 101E PROJECT CODE: 15851 DATE: March 6, 2009 A permanent easement No. PE 101E of the Department of Transportation, State of Colorado, Project No. [M 0702-265 containing 517 sq. ft. (0.012 acres), situated in Tract A 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. Said permanent easement being in the NWl/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 northeasterly corner of Lot 97, Berry Creek Ranch Subdivision; Thence 511°51'35"E a distance of 97.96 feet to a point on the westerly right-of--way of Berry Creek Road, the TRUE POINT OF BEGINNING; 1. Thence leaving said westerly right-of--way N84°45'56"W a distance of 20.52 feet; 2. Thence N05°14'04"E a distance of 24.22 feet; 3. Thence S84°45'56"E a distance of 22.15 feet to a point on said westerly right-of- way; 4. Thence along said westerly right-oE way S09°04'45"W a distance of 24.27 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 517 Sq. Ft. (0.012 Acres), more or less. The purpose of the above described easement is to convey a permanent drainage easement for road construction and maintenance. ,~' ~<tiPnO REr;~s~ ~~ 19598` ' High Country Engineering, Inc. ~;; Frank W. Harrington, P.L.S. No.19~,9"il.`•:;~~~ : ~; 1517 Blake Avenue, Suite 101 `'~ ~' ~ „. •• • ~' ~;. Glenwood Springs, CO 81601 `~ "~L%~c.•, ,~,-~~~;~ `~ tea-. _., ..rrL EXHIBIT H PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 101F PROJECT CODE: 15851 DATE: March 6, 2009 A permanent easement No. PE 101F of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 13,135 sq. ft (0.301 acres), situated in Tract A Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No.1 at reception number 179045. Said permanent easement being in the NW/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 2972 BLM brass cap found in place.) Commencing at the southeasterly corner of Lot 97 Berry Creek Ranch Subdivision; Thence N09°04'45"E along a westerly boundary of said Tract A, a distance of 196.71 feet to the TRUE POINT OF BEGINNING; 1. Thence N87°41'57" E a distance of 35.86 feet to a point on the easterly boundary of said Tract A; 2. Thence along said easterly boundary along the arc of anon-tangent curve to the left having a radius of 302.36 feet and a central angle of 20°43'31", a distance of 109.38 feet (chord bears 503°03'22"E 108.78 feet); 3. Thence continuing along said easterly boundary S13°25'09"E a distance of 128.43 feet to a point on the northerly right-of--way of Interstate 70; 4. Thence along said northerly right-of--way, N69°43'20"W a distance of 109.24 feet; 5. Thence leaving said northerly right-of--way N09°04'45"E along said westerly boundary of Tract A, a distance of 196.71 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 13,135 Sq. Ft. (0.301 Acres), more or less. The purpose of the above described easement is to convey a permanent slope easement for road construction and maintenance. -fi• { High Country Engineering, Inc. ~~; ~" : x Frank W. Harrington, P.L.S. No. $~~~ ~ g59E3 _ }; ..~ 1517 Blake Avenue Suite 101 ~ s Glenwood Springs, CO 81601 '~' ^ ~ =`~O\~ EXHIBIT PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 102 PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 102 of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 620 sq. ft. (0.014 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said permanent 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 southwesterly corner of said Lot 97; Thence N38°53'41"E along the westerly boundary of said Lot 97, a distance of 88.39 feet to the TRUE POINT OF BEGINNING; 1. Thence N38°53'41"E continuing along said westerly boundary of Lot 97, a distance of 24.14 feet; 2. Thence along the arc of anon-tangent curve to the right having a radius of 50.50 feet and a central angle of 12°25'19", a distance of 10.95 feet (chord bears S49°21'35"E 10.93 feet); 3. Thence S43°08'56"E a distance of 12.61 feet; 4. Thence along the arc of anon-tangent curve to the right having a radius of 138.50 feet and a central angle of 02°46'15", a distance of 6.70 feet (chord bears S41°45'48"E 6.70 feet); 5. Thence S59°56'35"W a distance of 24.48 feet; 6. Thence along the arc of anon-tangent curve to the left having a radius of 114.50 feet and a central angle of 0°34'32", a distance of 1.15 feet (chord bears N42°51'39"W 1.15 feet); 7. Thence N43°08'56"W a distance of 12.61 feet; 8. Thence along the arc of a curve to the left having a radius of 26.50 feet and a central angle of 16°29'21", a distance of 7.63 feet (chord bears N51°23'36"W 7.60 feet) ; to the TRUE POINT OF BEGINNING; The above described parcel containing 620 Sq. Ft. (0.014 Acres), more or less. The purpose of the above described easement is to convey a permanent slope easement for road construction and maintenance. ~,t=~ Fpo ~~r~~r '~ ~a ... ~s> - - - `. l'-~• ~: .~~~~ ~ fi , , r > ., -~T :~ High Country Engineering, Inc. ~~ ~ ' ;r~ 19598 z Frank W. Harrington, P.L.S. No. 1 ~R ~ .a ;~ o : ~ ' ~~~ t ~ ' 1517 Blake Avenue, Suite 101 Q~ , 3t ~.~ ~ ; : ~ ~ ~ Glenwood Springs, CO 81601 ~~~,~%,;;'~;'~~~~ `~ ~ EXHIBIT J PROJECT NUMBER: [M 0702-265 PERMANENT EASEMENT NUMBER: PE 102A PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 102A of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 1,493 sq. ft (0.034 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said permanent easement being ih 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 southwesterly corner of said Lot 97; Thence N82°56'17"E a distance of 98.22 feet to a point in said Lot 97, the TRUE POINT OF BEGINNING; 1. Thence S59°56'35"W a distance of 6.15 feet; 2. Thence N30°03'25"W a distance of 49.63 feet; 3. Thence N59°56'35"E a distance of 28.58 feet; 4. Thence along the arc of anon-tangent curve to the right having a radius of 138.50 feet and a central angle of 20°38'30", a distance of 49.90 feet (chord bears S30°03'25"E 49.63 feet); 5. Thence S59°56'35"W a distance of 22.43 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 1,493 Sq. Ft [0.034 Acres), more or less. The purpose of the above described easement is to convey a permanent slope and drainage easement for road construction and maintenance. ~+--- High Country Engineering, Inc. Frank W. Harrington, P.L.S. No. 1 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 c ; . ~ r~N~T F,9~Q $.;~~ 9598 ~~~ EXHIBIT K PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 102B PROJECT CODE: 15851 DATE: March 6, 2009. A permanent easement No. PE 102B of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 1,829 sq. ft. (0.042 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said permanent 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 southwesterly corner of said Lot 97; Thence N82°56'17"E a distance of 98.22 feet to a point in said Lot 97, the TRUE POINT OF BEGINNING; 1. Thence N59°56'35"E a distance of 22.43 feet; 2. Thence along the arc of anon-tangent curve to the right having a radius of 138.50 feet and a central angle of 36°36'16", a distance of 88.48 feet (chord bears S01°26'02"E 86.99 feet); 3. Thence along the arc of a compound curve to the right having a radius of 88.50 feet and a central angle of 03°55'20", a distance of 6.06 feet (chord bears S18°49'46"W 6.06 feet); 4. Thence N60°47'44"W a distance of 22.32 feet; 5. Thence along the arc of anon-tangent curve to the left having a radius of 66.50 feet and a central angle of 01°06'26", a distance of 1.29 feet (chord bears N17°25'19"E 1.28 feet) to a point of compound curvature; 6. Thence along the arc of a compound curve to the left having a radius of 116.50 feet and a central angle of 34°37'39", a distance of 70.41 feet (chord bears N00°26'44"W 69.34 feet) to the TRUE POINT OF BEGINNING; The above described parcel containing 1,829 Sq. Ft (0.042 Acres), more or less. The purpose of the above described easement is to convey a permanent slope easement for road construction and maintenance. High Country Engineering, Inc. Frank W. Harrington, P.L.S. No. 1 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 -: .- ~Art~r~/ .p •• ya ~ . ~~ •~ o a 19598 4 ~-` a;~ '3.~,1,`~'JP,'~ ~~"AC lANDS~ EXHIBIT L PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 102C PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 102C of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 384 sq. ft. (0.009 acres), situated in Lot 97 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. Said permanent 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 southwesterly corner of said Lot 97; thence S49°20'50"E a distance of 139.08 feet to a point on the southwesterly boundary of said lot 97, the TRUE POINT OF BEGINNING; 1. Thence along the southwesterly boundary of said Lot 97 along the arc of a non- tangent curve to the left having a radius of 167.30 feet and a central angle of 08°33'57", a distance of 25.01 feet (chord bears N29°18'25"W 24.99 feet); 2. Thence leaving said southwesterly boundary of Lot 97along the arc of anon-tangent curve to the left having a radius of 66.50 feet and a central angle of 09°39'45", a distance of 11.21 feet (chord bears N22°48'24"E 11.20 feet); 3. Thence S60°47'44"E a distance of 22.32 feet; 4. Thence along the arc of anon-tangent curve to the right having a radius of 88.50 feet and a central angle of 15°42'25", a distance of 24.26 feet (chord bears S28°38'39"W 24.19 feet) to the TRUE POINT OF BEGINNING; The above described parcel containing 384 Sq. Ft. (0.009 Acres), more or less. The purpose of the above described easement is to convey a permanent slope and drainage easement for road construction and maintenance. High Country Engineering, Inc. y c; :'s'~ \\`''o : o r ` Frank W. Harrington, P.L.S. No.1 _ 98: ~ ? 19598 1517 Blake Avenue, Suite 101 Glenwood Springs CO 81601 4 ~~ ~: y ~ ' o F .a ~.'• ~`~p~ap ; PL , ,• 3, ~~ s, '••........ 5~ ~~~~c ~_n~~.o EXHIBIT M PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 102D PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 102D of the Department of Transportation, State of Colorado, Project No. [M 0702-265 containing 684 sq. ft. (0.016 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said permanent easement being in the NWl/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 northwesterly corner of said Lot 97; Thence S38°53'41"W along the westerly boundary of said Lot 97, a distance of 17.76 feet to the TRUE POINT OF BEGINNING; 1. Thence N38°53'41"E along said westerly boundary of Lot 97, a distance of 17.76 feet; 2. Thence S68°49'12"E along the northerly boundary of said Lot 97 a distance of 46.97 feet; 3. Thence leaving said northerly boundary S39°10'50"W a distance of 13.74 feet; 4. Thence N72°25'08"W a distance of 47.63 feet; 5. Thence S55°24'44"W a distance of 1.05 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 684 Sq. Ft. [0.016 Acres), more or less. The purpose of the above described easement is to convey a permanent slope and drainage easement for road construction and maintenance. High Country Engineering, a> :' ~'' Frank W. Harrington, P.L.S : o• 1~5' 1517 Blake Avenue, Suite 1~ ~.,s. Glenwood Springs, CO 816 ~~,~•;~ ~~y~ - a` ~ _ . ~~ C•L•AN~ j' EXHIBIT N PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 102E PROJECT CODE: 15851 DATE: March 6, 2009 IIESCRIPTION A permanent easement No. PE 102E of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 1,701 sq. ft. (0.039 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said permanent easement being in the NWI/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 northwesterly corner of said Lot 97; Thence S38°53'41"W along the westerly boundary of said Lot 97, a distance of 17.76 feet to the TRUE POINT OF BEGINNING; 1. Thence leaving said westerly boundary of Lot 97, N55°24'44"E a distance of 1.05 feet ; 2. Thence S72°25'08"E a distance of 12.34 feet; 3. Thence S46°51'04"W a distance of 22.49 feet; 4. Thence along the arc of a curve to the left having a radius of 20.00 feet and a central angle of 90°00'00", a distance of 31.42 feet (chord bears 501°51'04"W 28.28 feet); 5. Thence S43°08'56"E a distance of 10.11 feet; 6. Thence along the arc of a curve to the right having a radius of 227.50 feet and a central angle of 06°49'48", a distance of 27.12 feet (chord bears S39°44'02"E 27.10 feet); 7. Thence S59°56'35"W a distance of 22.15 feet; 8. Thence along the arc of anon-tangent curve to the left having a radius of 205.50 feet and a central angle of 06°09'23", a distance of 22.085 feet (chord bears N40°04'14"W 22.07 feet); 9. Thence N43°08'56"W a distance of 13.61 feet; 10. Thence along the arc of a curve to the right having a radius of 46.50 feet and a central angle of 25°30'37", a distance of 20.70 feet (chord bears N30°23'37"W 20.53 feet) to a point on said westerly boundary of Lot 97; 11. Thence along said westerly boundary of Lot 97, N38°53'41"E a distance of 53.40 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 1,701 Sq. Ft (0.039 Acres), more or less. The purpose of the above described easement is to convey a permanent slope easement for road construction and maintenance. High Country Engineering, Frank W. Harrington, P.L.S~ 1517 Blake Avenue, Suite j Glenwood Springs, CO 816 ~.1hRp/^~~o Oi ~r~S~~'598 x : ~ 1 ~ ~ ~ inr~t~ `'~t ~; ~ ~ EXHIBIT O PROJECT NUMBER: [M 0702-265 PERMANENT EASEMENT NUMBER: PE 102F PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 102F of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 1,434 sq. ft (0.033 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said permanent easement being in the NWl/4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, to be conveyed as a permanent slope and drainage easement for road construction and maintenance purposes 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 Lot 97; Thence S10°04'36"E a distance of 86.28 feet to a point in said Lot 97, the TRUE POINT OF BEGINNING; 1. Thence S30°03'25"E a distance of 49.63 feet; 2. Thence S59°56'35"W a distance of 29.90 feet; 3. Thence along the arc of anon-tangent curve to the left having a radius of 205.50 feet and a central angle of 13°52'14", a distance of 49.75 feet (chord bears N30°03'25"W 49.63 feet); 4. Thence N59°56'35"E a distance of 29.90 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 1,434 Sq. Ft. (0.033 Acres), more or less. The purpose of the above described easement is to convey a permanent slope and drainage easement for road construction and maintenance. Y ~ ~[_- High Country Engineering, Inc Frank W. Harrington, P.L.S. Nc 1517 Blake Avenue, Suite 101 Glenwood Springs, CO 81601 S.V'~ '~'T~ '4Z ~' s`' o 19598 ~ o -~ .~ . ,, ~i ~- ,•' ~` ~' .Z`~e~e~.~JQ ~ss `~2~~~vAL l AN ~ EXHIBIT P PROJECT NUMBER: IM 0702-265 PERMANENT EASEMENT NUMBER: PE 102G PROJECT CODE: 15851 DATE: March 6, 2009 DESCRIPTION A permanent easement No. PE 102G of the Department of Transportation, State of Colorado, Project No. IM 0702-265 containing 6,036 sq. ft (0.139 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk and Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045. Said permanent 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 Lot 97; Thence N09°04'45"E along the easterly boundary of said Lot 97, a distance of 196.71 feet to the TRUE POINT OF BEGINNING; 1. Thence S09°04'45"W along said easterly boundary of Lot 97, a distance of 196.71 feet; 2. Thence along the southwesterly boundary of said Lot 97 along the arc of a non-tangent curve to the left having a radius of 319.12 feet and a central angle of 03°29'00", a distance of 19.40 feet (chord bears N53°02'42"W 19.40 feet); 3. Thence leaving said southwesterly boundary of Lot 97, N08°16'54"E a distance of 30.22 feet; 4. Thence along the arc of a curve to the left having a radius of 379.50 feet and a central angle of 30°54'27", a distance of 204.72 feet (chord bears N07°10'20"W 202.24 feet); 5. Thence along the arc of a compound curve to the left having a radius of 205.50 feet and a central angle of 00°29'45", a distance of 1.78 feet (chord bears N22°52'26"W 1.78 feet); 6. Thence N59°56'35"E a distance of 17.12 feet; 7. Thence along the arc of anon-tangent curve to the right having a radius of 222.50 feet and a central angle of 01°01'41", a distance of 3.99 feet (chord bears S23°08'24"E 3.99 feet); 8. Thence along the arc of a compound curve to the right having a radius of 396.50 feet and a central angle of 08°30'44", a distance of 58.91 feet (chord bears S18°22'11"E 58.85 feet); 9. Thence N87°41'57"E a distance of 33.23 feet to the TRUE POINT OF BEGINNING; The above described parcel containing 6,036 Sq. Ft (0.139 Acres), more or less. The purpose of the above described easement is to convey a permanent slope easement for road construction and maintenance. `I l p f1F r ,. `<<- High Country Engineerin ' .NF ~' • ~ , '•;~~a Frank W. Harrington, P. .`~~19598 ° ~; 1517 Blake Avenue, Suit 1-0~a 1959$ ~ : o Glenwood Springs, CO 8 .v ~~ :b ~ ~•~,% ` _ 3 w ~. S~~~NAL IAN ~'J