HomeMy WebLinkAboutC10-271 Meredith Long Encroachment Easement Agreement EAGLE COUNTY, CO 201017687
TEAK J SIMONTON �3f f�
REC: $2000 DOC:152 :54 :39PM 09/08/2010
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ENCROACHMENT EASEMENT AGREEMENT
THIS ENCROACHMENT EASE NT AGREEMENT (hereinafter "Agreement ") is made
and entered into this day of • , 2010 by and between Eagle County, Colorado by
and through its Board of County Com 'ssioners (hereinafter "County ") and Meredith Long
(hereinafter "Owner ").
WITNESSETH:
WHEREAS, Owner owns the property known as the Long Subdivision, and located at Tract 40,
Section 1, T8S, R86W of the 6 P.M. County of Eagle, State of Colorado (hereinafter "Subject
Property ").
WHEREAS, Owner constructed a fence that was partially on the Subject Property and partially
on the County's Right -of -Way; and
WHEREAS, County is willing to allow portions of the fence to remain in County's Right -of-
Way so long as the fence is located within the Encroachment Easements as defined below and
pursuant to the terms and conditions of this Agreement; and
WHEREAS, County is willing to allow Owner to post signs in County's Right -of -Way detailing
Owner's property boundary, subject to the terms of this Agreement.
NOW, THEREFORE, in consideration of the terms and covenants stated herein, the sufficiency
of which is hereby acknowledged, County and Owner agree as follows:
ENCROACHMENT EASEMENT GRANT
For the consideration set forth herein, the sufficiency of which is hereby acknowledged, County
hereby grants and conveys to Owner, his successors and assigns, three non - exclusive easements
for the purposes of maintaining a fence and posting signage within the Eagle County Road
Right -of -Way at locations described and shown on "Sign Easement 1 ", "Sign Easement 2 ", and
"Fence Easement 1" (hereinafter "Fence Easement ") all of which are attached hereto and
incorporated herein by this reference and hereinafter collectively shall be referred to as
"Encroachment Easements ". For the purpose of clarity, County has also identified portions of
the Subject Property where the fence may be relocated to or where existing fence may remain.
Those areas are " "Restrict and shown in "Restrict Description 1" and Restrict Descri p tion 2"
and are attached hereto and incorporated herein by this reference (hereinafter collectively
"Restrictive Descriptions ").
The Encroachment Easements granted in this agreement shall be possessed and enjoyed by
Owner, his successors and assigns, so long as the Encroachment Easements shall be used by
Owner in accordance with the terms and conditions of this Agreement. In the event that Owner
ceases to use the Encroachment Easements in accordance with the terms and conditions of this
Agreement, or otherwise fails to comply with any and all of the terms and conditions of this
1
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Agreement, this Agreement and Encroachment Easements may be terminated upon notice by
County.
Notwithstanding the foregoing paragraph, County, in its sole discretion, reserves the right to
terminate this Agreement and the Encroachment Easements and to require Owner to remove
and /or relocate the fence at Owner's sole expense upon notice by County. Upon termination, or
upon removal, relocation, or replacement of the fence for any reason, Owner agrees to restore the
land impacted by the Encroachment Easements to its original pre -fence or natural condition, or
as close thereto as possible. The Owner agrees to re -grade and re- vegetate the disturbed areas
within the Encroachment Easements to the satisfaction of County. If Owner shall fail to timely
remove the fence and restore the areas disturbed by the Encroachment Easements upon notice,
County may do so at Owner's expense.
The Encroachment Easements granted by this Agreement are non - exclusive and County reserves
the right to use for itself and to grant for others rights -of -way over, under, across or through the
Encroachment Easement herein granted, provided that they do not interfere with Owner's
easement herein. County reserves the right to use and enjoy the premises to the fullest possible
extent without unreasonable interference with the exercise by Owner of the rights granted in this
Agreement. Without limiting the foregoing, County reserves the right to place along, across,
under, over and through the Encroachment Easement as many electric lines, power lines,
waterlines, sewer lines, gas lines, telephone lines and other utilities as County may desire subject
only to the right of Owners to use the same for the purposes herein rant
Y g p rp granted.
The encroachment of the fence or signs into the County's Road Right -of -Way shall not constitute
any relinquishment of the County's property rights whether through claims of adverse possession
or any other means.
REMOVAL & RELOCATION
Owner shall remove fence from County Right -of -Way from all locations not detailed in the
Fence Easement. Owner agrees to be responsible for all costs associated with the removal of the
existing fence from the County Right -of -Way.
In areas not included in the Fence Easement but adjacent to the Restrictive Descriptions, Owner
must, at his own expense, either remove the fence entirely or relocate the fence to the lines
indicated by the Restrictive Descriptions.
INSTALLATION OF SIGNS
Owner may, in areas indicated by Sign Easement 1 and Sign Easement 2, install signs describing
the location of the property line. In a simplified manner, the signs shall state, as nearly as
possible to the following statement: "Private property line starts at a location in the River X feet .
from this post." Signs shall not be placed closer than fifteen feet from each other. Signs must be
approved by a County representative to ensure the safety of motorists along the road.
2
There shall be no NO TRESPASSING signs posted on County property or within the
Encroachment Easements.
DAMAGE AND MAINTENANCE AND REPLACEMENT
In the event that damage occurs to the fence or signs located within the Encroachment Easements
from any traffic on the road, the damaged fence or sign must be removed at Owner's expense. If
Owner fails to timely remove a damaged fence or sign, County may do so at Owner's expense.
If Owner chooses to replace the removed fence, Owner shall replace the removed fence along the
Subject Property's property line and not on County's right -of -way at Owner's expense. When
fence has been replaced along the Subject Property's property lines for any purpose, and the
fence no longer exists in the County Right -of -Way, the Fence Easement shall be terminated.
Owner agrees to be responsible for all ongoing repair and maintenance costs associated with the
current and any future use of the Encroachment Easements. Whenever possible, Owner shall
notify and coordinate with County prior to performing any maintenance to avoid disruption
within the County's Road Right -of -Way.
INDEMNIFICATION
The Owner shall, to the fullest extent permitted by law, indemnify and hold harmless County and
any of its officers, agents and employees against any losses, claims, damages or liabilities for
which County 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 Agreement and
the Encroachment Easements, or are based upon any performance or nonperformance by Owner
hereunder; and Owner shall reimburse County for any and all legal and other expenses incurred
by County in connection with investigating or defending any such loss, claim, damage, liability
or action.
ENFORCEMENT REMEDIES
This Agreement shall be recorded with the Eagle County Clerk and Recorder's Office and shall
constitute covenants running with the Subject Property, as a burden thereon, for the benefit of,
and shall be specifically enforceable by County against Owner, his successors and assigns,
including but not limited to any future Owners of the Subject Property.
The Owner's obligations for restoration, repair, and indemnification shall survive termination of
this Agreement and the Encroachment Easements.
County and Owner agree that this Agreement may be enforced for specific performance,
injunctive, or other appropriate relief, including damages, as may be available according to the
laws and statutes of the State of Colorado. It is specifically understood that, by executing this
Agreement, both County and the Owner commit themselves to perform pursuant to these terms
contained herein. In the event that an action is brought to enforce this Agreement, the prevailing
party shall be responsible for the recovery of its costs and fees, including reasonable attorney's
fees.
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MISCELLANEOUS
This 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 Agreement shall be in Eagle,
Colorado.
This Agreement and the rights and obligations created hereby shall be binding upon and inure to
the benefit of County and Owner 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 County or Owner and their respective successors and assigns, any right, remedy or
claim under or by reason hereof, or by reason of any covenant or condition herein contained.
If any portion of this 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 provision shall be
fully severable and this Agreement shall be construed and enforced as if such invalid provision
had never been inserted into this Agreement.
This Agreement may be amended, modified, changed, or terminated in whole or in part only by
written agreement duly authorized and executed by both County and Owner. This Agreement
represents the full and complete understanding of County and Owner and supersedes any prior
agreements, discussions, negotiations, representations or understandings of County and Owner
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.
All of the covenants herein contained shall be binding upon and inure to the benefits of the
parties hereto, their respective heirs, personal representatives, successors and assigns.
This Encroachment Easement is granted subject to prior grants of easements and other ownership
interests of record. County makes no warranties as to the title of the easement conveyed.
/1 SIGNATURE PAGE TO FOLLOW 11
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
ATTEST: COUNTY OF EAGLE, STATE
OF COLORADO, by and
through its BOARD OF
COUNTY COMMISSIONERS
(4
BY: 1111111 BY:
141 Clerk to the Board o County # r Sara J. Fisher, Chairman
Commissioners
OWNER
Meredith Long
BY:
do,/
STATE OF Jtf -/"- )
)SS.
COUNTY OF )
The fo going instrument was acknowledged before me by Meredith Long, this 425 day
of , 2010.
My commission expires: / 4 2 2,0 /2-
q nt N �
•�a �� ►!�,�., NANCY E. KEARNS
Not. ry Publ'C t ' Notary Public, State of Texas
±,��y }F�1 My Commission Expires
.,,,,S�i January 22, 2012
5
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' • Engineering Department ' : Eagle County
Phone: (970) 328 -3560 P.O. Box 850
FAX: (970) 328 -8789 500 Broadway
www.eaglecounty.us Eagle, CO 81631
EAGLE COUNTY
SIGN EASEMENT 1
August 12, 2010
A description of a revocable sign easement, located in Section 1, T8S, R86W. For: Eagle
County.
LEGAL DESCRIPTION
A tract of land, located in a portion of Tract 40, Section 1, T8S, R86W of the 6th P.M., County
of Eagle, State of Colorado, described as follows:
BEGINNING at a point on the southerly line of Tract 40, at the southeasterly corner of Lot 1,
EXEMPTION PLAT of LONG SUBDIVISION, as recorded in REC. No. 663904 on July 27,
1998, County of Eagle, State of Colorado, which is the southerly right of way line of EAGLE
COUNTY ROAD NO. 104, from which A.P. 4, Tract 40 bears North 89 degrees 55 minutes 40
seconds East, (Basis of Bearing);
Thence North 59 degrees 21 minutes 00 seconds West, 382.95 feet along the northerly line of
said Lot 1, also being said southerly right of way of EAGLE COUNTY ROAD NO. 104 to the
northerly bank of the fryingpan river;
Thence South 67 degrees 37 minutes 33 seconds East, 73.64 feet leaving the northerly line of
said Lot 1 along said northerly bank of the fryingpan river to a angle point;
Thence South 59 degrees 09 minutes 27 seconds East, 326.07 feet continuing along said
northerly bank of the fryingpan river to the south line of said Tract 40;
2
Thence South 89 degrees 55 minutes 40 seconds West, 18.61 feet to the TRUE POINT OF
BEGINNING.
Area = 3,588.090 sq ft, more or less.
(SHEET 2 OF 3) SEE EXHIBIT MAP
r ``dU ttii M111/ /!!
1 0
Kelly L.Mi`',4 .
Colorado = ofes icAr ncfi .
Surveyor K3,79518 0
500 Broadi %'gagle, CO 8,1* -0850
Project: FRYINGPAN SIGNEASEMENTI.DOC
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� THIS IS NOT A LAND SURVEY PLAT OR
.7-e,14.3 ¶ \� IMPROVEMENT PLAT. THIS EXHIBIT SKETCH
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WAS PREPARED USING INFORMATION PROVIDED
EAGLE COUNTY GOVERNMENT. IN NO WAY
�� SHOULD THIS DOCUMENT BE TAKEN AS A
BOUNDARY SURVEY OR A MAP OF ONE, OR
�If , ASSURANCE OF CORRECTNESS OF THE LEGAL
S � DESCRIPTION PROVIDED.
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SCALE: 1"=60' \ OP / 0.
I DATE: 09 -24 -09
DWG: FRYINGPAN FENCE.DWG \ 8e9 RIA.
\
N O. DATE REVISION
I 411
— EAGLE COUNTY
SIGN EASEMENT 1 _ ENGINEERING DEPARTMENT
FRYINGPAN RIVER P.O. BOX 850, 500 BROADWAY
4 SECTION 1, T8S, R86W.
EAGLE COUNTY, COLORADO EAGLE, CO 81631
PAGE 3 OF 3 - 970 328 -3560 FAX 970 328 -8789
• " '' ISSUED: 08 -2408 DRAWN: KLM CHECKED: KW EAGLE COUNTY
Engineering Department Eagle County
Phone: (970) 328 -3560 P.O. Box 850
FAX: (970) 328 -8789 500 Broadway
www.eaglecounty.us Eagle, CO 81631
EAGLE COUNTY
SIGN EASEMENT 2
August 12, 2010
A description of a revocable sign easement, located in Section 1, T8S, R86W. For: Eagle
County.
LEGAL DESCRIPTION
A tract of land, located in a portion of Tract 40, Section 1, T8S, R86W of the 6th P.M., County
of Eagle, State of Colorado, described as follows:
COMMENCING at a point on the southerly line of Tract 40, at the southeasterly corner of Lot 1,
EXEMPTION PLAT of LONG SUBDIVISION, as recorded in REC. No. 663904 on July 27,
1998, County of Eagle, State of Colorado, which is the southerly right of way line of EAGLE
COUNTY ROAD NO. 104, from which A.P. 4, Tract 40 bears North 89 degrees 55 minutes 40
seconds East, (Basis of Bearing), thence North 59 degrees 21 minutes 00 seconds West, 721.43
feet along the northerly line of said Lot 1, also being said southerly right of way line of EAGLE
COUNTY ROAD NO.' 104, to a point of curve to the left; Thence northwesterly, 195.97 feet
along the arc of said curve and along the northerly line of said Lot 1, to a point tangent, said arc
having a radius of 967.13 feet, a central angle of 11 degrees 36 minutes 35 seconds, and being
subtended by a chord that bears North 65 degrees 09 minutes 17 seconds West, 195.63 feet to
the north bank of the fryingpan river and the TRUE POINT OF BEGINNING;
Thence North 63 degrees 24 minutes 56 seconds West, 52.21 feet along said northerly bank of
the fryingpan river to an angle point;
Thence North 71 degrees 21 minutes 36 seconds West, 59.91 feet along said northerly bank of
the fryingpan river to an angle point;
Thence North 78 degrees 29 minutes 26 seconds West, 73.11 feet along said northerly bank of
the fryingpanriver to an angle point;
Thence North 86 degrees 25 minutes 53 seconds West, 27.79 feet along said northerly bank of
the fryingpan river to an angle point;
Thence South 82 degrees 33 minutes 48 seconds West, 18.14 feet along said northerly bank of
the fryingpan river to an angle point;
•
2
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Thence South 71 degrees 06 minutes 57 seconds West, 20.17 feet along said northerly bank of
the fryingpan river to northerly line of said Lot 1 and said southerly right of way line;
Thence southeasterly 245.71 feet along the arc of a curve concave to the southwest, along said
southerly right of way line, to the TRUE POINT OF BEGINNING, said arc having a radius of
967.13 feet, a central angle of 14 degrees 33 minutes 24 seconds, and being subtended by a chord
that bears South 78 degrees 14 seconds 17 minutes East, 245.05 feet.
Area = 2,377.689 sq ft, more or less.
(SHEET 2 OF 3) SEE EXHIBIT MAP
•
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L. ai l,. .
Kelly L.
Colorado dr@#e:s i ncr':
Surveyor RcG3,795 0
500 BroadW°eagle, CO 81'31`0850
Date: 0 t ', te0,, '% 0 � �rf11d1iCiilltt[tVA��'
Project: FRYINGPAN SIGNEASEMENT2.DOC
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L= 33.48' S71 °06'57"
CB =N86 °30'30 "W N 20,17' W
R= 967,13' NOTICE
THIS IS NOT A
CD =33,48 ? \ 431 0 IMPROVEMENT PLAT.
THIS EXHIBIT SKETCH
\1 33'4 WAS PREPARED USING INFORMATION PROVIDED
• EAGLE COUNTY GOVERNMENT. IN NO WAY
SHOULD THIS DOCUMENT BE TAKEN AS A
.rtt /1/ BOUNDARY SURVEY OR A MAP OF ONE, OR
4,,,.. • < J 8 6 • ASS OF CORRECTNESS OF THE LEGAL
Q4z� } ' v // • � ` ' �jy DESCRIPTION PROVIDED.
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EXHIBIT MAP Vit
I SCALE: 1 , =50 i •
DATE: 09-24-09
DWG: FRYINGPAN FENCE.DWG
1 1 SIGN EASEMENT 2 NO. DATE REVISION EAGLE COUNTY
FRYINGPAN RIVER
E CTION 1, T8S, R86W. ENGINEERING DEPARTMENT
I ` S P.0. BOX 850, 500 BROADWAY
�� Q
EAGLE, CO 81631
EAGLE COUNTY, COLORADO
PAGE 3 OF 3 970 328 -3560 FAX 970 328 -878 -
I
{1 { I""'nn°°01 ISSUED: 08 -2488 DRAWN: KLM CHECKED: KW EAGLE COUNTY
f .
•
.Engineering Department Eagle County
Phone: (970) 328 -3560 P.O. Box 850
FAX: (970) 328 -8789 500 Broadway
www.eaglecounty.us Eagle, CO 81631
EAGLE COUNTY
FENCE EASEMENT 1
August 17, 2010
A description of a revocable fence easement, located in Section 2, T8S, R86W. For: Eagle
County.
LEGAL DESCRIPTION
A tract of land, located in a portion of Tract 40, Section 2, T8S, R86W of the 6th P.M., County
of Eagle, State of Colorado, described as follows:
COMMENCING at a point on the southerly line of Tract 40, at the southeasterly corner of Lot 1,
EXEMPTION PLAT of LONG SUBDIVISION, as recorded in REC. No. 663904 on July 27,
1998, County of Eagle, State of Colorado, which is the southerly right of way line of EAGLE
COUNTY ROAD NO. 104, from which A.P. 4, Tract 40 bears North 89 degrees 55 minutes 40
seconds East, (Basis of Bearing), thence North 59 degrees 21 minutes 00 seconds West, 721.43
feet along the northerly line of said Lot 1, also being said southerly right of way line of EAGLE
COUNTY ROAD NO. 104, to a point of curve to the left; Thence northwesterly, 475.16 feet
along the arc of said curve and along the northerly line of said Lot 1, to a point tangent, said arc
having a radius of 967.13 feet, a central angle of 28 degrees 09 minutes 00 seconds, and being
subtended by a chord that bears North 73 degrees 25 minutes 30 seconds West, 470.40 feet;
Thence North 87 degrees 30 minutes 00 seconds West, 1050.73 feet along the northerly line of
said Lot 1 to the TRUE POINT OF BEGINNING;
Thence North 87 degrees 30 minutes 00 seconds West, 320.01 feet continuing along said
northerly line of said Lot 1 to a point of curve to the left;
Thence northwesterly, 157.03 feet along the arc of said curve and along the northerly line of said
Lot 1, to a point on said curve, said arc having a radius of 921.61 feet, a central angle of 09
degrees 45 minutes 45 seconds, and being subtended by a chord that bears North 87 degrees 37
minutes 08 seconds West, 156.84 feet;
Thence North 07 degrees 15 minutes 45 seconds West, 11.82 feet;
Thence North 85 degrees 03 minutes 47 seconds East, 72.14 feet;
Thence South 89 degrees 35 minutes 22 seconds East, 86.80 feet;
2
Thence South 86 degrees 14 minutes 36 seconds East, 320.10 feet;
Thence South 02 degrees 30 minutes 00 seconds West, 3.78 feet, to the northerly line of said Lot
1 and to the TRUE POINT OF BEGINNING.
Area = 4,053.179 sq ft, more or less.
(SHEET 2 OF 3) SEE EXHIBIT MAP
fl ltlll!!7 t f)
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•
Kelly L. Mi
Colorado !.. Hncr
Surveyor lieG3.795 o
500 Broad` g . 'eagle, CO 81'63f-0850
•
Date: Qi3 q .." '60 yO
Project: FRYINGPAN FENCE FENCEEASEMENTI.DOC
•
1
I
•
N8 o
_, 1' i t . NOTICE
THIS IS NOT A LAND SURVEY PLAT
� X IMPROVEMENT PLAT. THIS EXHIBIT SKETCH
a � WAS PREPARED USING INFORMATION PROVIDED
/ s EAGLE C GOVERNMENT. IN NO WAY
Q O�pp ��� ; '„ 8 SHOULD THIS DOCUMENT BE TAKEN A
� �,� � BOUNDARY SURVEY OR A MAP OF ONE, , OR
� � /� ASSURANCE OF CORRECTNESS OF THE LEGAL
`7 / / / / / / / - 8 0 - - DESCRIPTION PROVIDED.
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EXHIBIT MAP
SCALE: 1"=60'
DATE: 09 -24 -09
DWG: FRYINGPAN FENCE.DWG
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I
FENCE EASEMENT 1 NO. DATE REVISION
EAGLE COUNTY
FRYINGPAN RIVER
ENGINEERING DEPARTMENT
SECTION 2, T8$, ER P.O. BOX 850,500 BROADWAY
� EAGLE COUNTY, COLORADO EAGLE, CO 81631
�: PAGE 3 OF 3 970 328 -3560 FAX 970 328-8789
ISSUED: 09 240.9 DRAWN: KLM CHECKED: KW EAGLE COUNTY
• • Engineering Department Eagle County
Phone: (970) 328 -3560 P.O. Box 850
FAX: (970) 328 -8789 500 Broadway
www.eaglecounty.us ' ° a Eagle, CO 81631
EAGLE COUNTY
RESTRICT DESCRIPTION 1
August 12, 2010
A restrictive land description lying north of the following described line, located in Section 2,
T8S, R86W. For: Eagle County.
LEGAL DESCRIPTION
A line description, located in a portion of Tract 40, Section 2, T8S, R86W of the 6th P.M.,
County of Eagle, State of Colorado, described as follows:
COMMENCING at a point on the southerly line of Tract 40, at the southeasterly corner of Lot 1,
EXEMPTION PLAT of LONG SUBDIVISION, as recorded in REC. No. 663904 on July 27,
1998, County of Eagle, State of Colorado, which is the southerly right of way line of EAGLE
COUNTY ROAD NO. 104, from which A.P. 4, Tract 40 bears North 89 degrees 55 minutes 40
seconds East, (Basis of Bearing), thence North 59 degrees 21 minutes 00 seconds West, 721.43
feet along the northerly line of said Lot 1, also being said southerly right of way line of EAGLE
COUNTY ROAD NO. 104, to a point of curve to the left; Thence northwesterly, 441.68 feet
along the arc of said curve and along the northerly line of said Lot 1, to a point tangent, said arc
having a radius of 967.13 feet, a central angle of 28 degrees 09 minutes 00 seconds, and being
subtended by a chord that bears North 72 degrees 25 minutes 59 seconds West, 437.85 feet along
the northerly line of said Lot 1 to the TRUE POINT OF BEGINNING of the line to be herein
described;
Thence northwesterly, 33.48 feet along the arc of said curve and along the northerly line of said
Lot 1, to a point tangent, said arc having a radius of 967.13 feet, a central angle of 1 degree 59
minutes 01 seconds, and being subtended by a chord that bears North 86 degrees 30 minutes 30
seconds West, 33.48 feet along the northerly line of said Lot 1;
Thence North 87 degrees 30 minutes 00 seconds West, 1050.73 feet along said northerly line of
said Lot 1 to the POINT OF TERMINATION.
. 2
(SHEET 2 OF 3) SEE EXHIBIT MAP
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�th . �t E •� ! o'
Kell L. Mille -r r �
Colorado are .•ti 's • ` �( 0 : "� ''
. Oti ncr' :
Surveyor 13,79 :.s.. `
500 Broadv",,i gagle, CO 81` '0850
Date: C am' 'A " ' ` l C)
��'� "tdfpti €EttittttiO
I Project: FRYINGPAN RESTRICTIVEAREA1.DOC
I
EXHIBIT B
•
•
\ N OTICE
/ / / / /Oj / / / / / / / /'i''' • \ IMPROVEMENT PLAT• THIS XHIB T SKETCH
WAS PREPARED USING INFORMATION PROVIDED
i "6. x , EAGLE COUNTY GOVERNMENT. IN NO WAY
qi''4�9� '
\ SHOULD THIS DOCUMENT BE TAKEN AS A
�• ����
BOUNDARY SURVEY OR A MAP OF ONE, OR
f� { \ ASSURANCE OF CORRECTNESS OF THE LEGAL
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2` DESCRIPTION PROVIDED.
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SCALE: 1"=60' J
DATE: 09 -09 -09 1. x rS M r"
DWG: EXHIBIT.DWG /
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1 r "� RESTRICTIVE DESCRIPTION 1 NO. DATE REVISION EAGLE COUNTY i °
_ ENGINEERING DEPARTMENT
FRYINGPAN RIVER P.C. BOX 850, 500 BROADWAY
` ` G SECTION 2, T8S, R86W.
� EAGLE COUNTY, COLORADO EAGLE, CO 81631 p
PAGE 3 OF 3 970 328 -3560 FAX 970 328 -8789
em ISSUED: 081409 DRAWN: KLM CHECKED: KW :.AGLE COUNTY
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'Engineering Department Eagle County
Phone: (970) 328 -3560 P.O. Box 850
FAX: (970) 328 -8789 Att 500 Broadway
www.eaglecounty.us Eagle, CO 81631
EAGLE COUNTY
RESTRICT DESCRIPTION 2
August 12, 2
g 2010
A restrictive land description lying northerly of the following described line, located in Sections
1 and 2, T8S, R86W. For: Eagle County.
LEGAL DESCRIPTION
A line description, located in a portion of Tract 40, Section 1 and 2, T8S, R86W of the 6th P.M.,
County of Eagle, State of Colorado, described as follows:
COMMENCING at a point on the southerly line of Tract 40, at the southeasterly corner of Lot 1,
EXEMPTION PLAT of LONG SUBDIVISION, as recorded in REC. No. 663904 on July 27,
1998, County of Eagle, State of Colorado, which is the southerly right of way line of EAGLE
COUNTY ROAD NO. 104, from which A.P. 4, Tract 40 bears North 89 degrees 55 minutes 40
seconds East, (Basis of Bearing), thence North 59 degrees 21 minutes 00 seconds West, 382.95
feet along the northerly line of said Lot 1, also being said southerly right of way line of EAGLE
COUNTY ROAD NO. 104, to the TRUE POINT OF BEGINNING of the line to be herein
described;
Thence North 59 degrees 21 minutes 00 seconds West, 338.48 feet along the northerly line of
said Lot 1 to a P oint of curve to the left;
Thence ce northwesterly, 195.97 feet along the arc of said curve and along the northerly line of said
Lot 1, to a point tangent, said arc having a radius of 967.13 feet, a central angle of 11 degree 36
minutes 35 seconds, and being subtended by a chord that bears North 65 degrees 09 minutes 17
seconds West, 195.63 feet along the northerly line of said Lot 1 to the POINT OF
TERMINATION.
2
• -
(SHEET 2 OF 3) SEE EXHIBIT MAP
cy owl 1111%1
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Kelly L. Mi.-
Colorado 6r44ftiGinA Oncr
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Surveyor 3.795i8
500 Broadisaat CO 8.3
Date:
Project: FRY1NGPAN RESTR1CTFVEAREA2 DOC
,-, \
c?o ) 4;4 4'4- ' NOTICE
•68 A THIS IS NOT A LAND SURVEY PLAT OR IMPROVEMENT I A 5 9, E ` O�NT s c �u ) . WAS P EPARED USING NFORMATION
4 C. K 0,c• C` EAGLE COUNTY GOVERNMENT. IN NO WAY
1 , t SHOULD THIS DOCUMENT BE TAKEN AS A
N Y �f� � � M /Nq1 ASSURANCE E RRECTNESS OF THE LEGAL us. BOUNDARY
it C 4 9 DESCRIPTION PROVIDED.
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i \ RESTRICT DESCRIPTION 2 NO. DATE REVISION EAGLE COUNTY
I � � ENGINEERING DEPARTMENT - p
1 ° FRYINGPAN RIVER
o fit SECTION 2, T8S, R86W. P. O. BOX 850, BROADWAY
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All
EAGLE COUNTY, COLORAD EAGLE, CO CO 81631
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`c , PAGE 3 OF 3 970 328 -3560 FAX 970 328 -8789
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COUNTY OS DRAWN: KLM CHECKED: KW :AGLE COU ISSUED _
