HomeMy WebLinkAboutC11-297 Quitclaim Deed Luark QUITCLAIM DEED
The "Grantor ", COUNTY OF EAGLE, STATE OF COLORADO, whose legal address is PO BOX 850, 500
BROADWAY, EAGLE, COLORADO 81631 -0850, of the County of EAGLE and State of COLORADO, for the
consideration of TEN DOLLARS, ($ 10.00 ), in hand paid, hereby grants and quitclaims all of its right, title and interest
in and to MIKE W. LUARK, the "Grantee," whose legal address is 8313 COLORADO RIVER ROAD, GYPSUM,
COLORADO 81637, of the County of EAGLE and State of COLORADO, the following real property in the County of
EAGLE and State of Colorado, to wit: SEE PROPERTY DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND
EXHIBIT B AND INCORPORATED HEREIN BY THIS REFERENCE, with all its appurtenances.
Signed this / day of , 20 / .
COUNTY OF EAGLE, STATE OF COLORADO, By
and Through Its
BOARD OF COUNTY C PMMISSIONERS
By: �,�
��
on Stivney, Chai ' an_
Attest:
(rA
F K
eak J. Simonton lerk to the
Board of County Commissioners
Nrw /bob'swork/luarkqu itc laimdeed
( - 2 ALL.
Parcel C Lega Description
A parcel of land located in thc SW 1/4of Section 3, Township 4 South, Range 86 West of
the 6th P.M. and also being located within a parcel of land described in Book 297, PaQe
387 in the office of the Eagle County Clerk and Recorder being more particularly
described as follows:
Begnming at a point on the westerly offset of a line described in Book 215 Page 281 as
recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40,
Township 4 South, Range 86 West ofthe 6th P.M. being a GLO brass cap bears N
03o|3'34'YVu distance nyl|55.4l feet; thence 187.86 feet along the arc ofa non tangent
curve \o the right having u radius of290.00 feet, a central angle of37"Uh'54''uudthe
chord bears Nh2"2b'27"EudisCuoccof\04.598:nL thence ��00«59'54"|�u distance oy
,
163.60 feet to a point on the easterly boundary of said parcel described in Book 297, Page
387, also being a point on thc centerline ofthe Co\ocudnRiver;
thence the following 2 courses along said easterly boundary and river centerline:
1. N 27'42'47" E a distance of 62.08 feet
2. N 26"59'00" E a distance of 5.59\ou point onsaid westerly offset:
thence the following 6 courses along said westerly offset:
1. S85"|5'59"YVu distance o[LW5.L4feet;
2. S 86°36'29" W a distance of 52.66 feet;
3. S79"|O19"TYo distance o[90J0feet;
4. 557°55'39"Wa distance of7Q.47feet;
5. 52o^45'39"VVa distance nf80.85fer1�
.
6. S 05°58'19" W a distance of 30.45 feet to the point of beginning; containing
0.4810 acres more or less.
-
.
.
EXHIBIT
i
Parcel D Legal Description
A parcel o[land located in the SW V4o[Section 3, Township 4 South, Range 86 West of
the 6th P.M. and also being locaied within a parcel ofland described in Book 297, Page
387 in the of the Eagle County Clerk and Recorder being more particularly
described umfollows:
Beginning at a point on the easterly offset of a line described in Book 215 Page 281 as
recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40,
Township 4 South, Range 86 West of the 6th P.M. being a (]L() brass cap bears N
O7'5]'57"Wo distance nf||87.50feet; thence 250.05 feet along the arc ofa iioii tangent
curve to the left having y radius of2!0.O0 feet, u central angle of00°\3'|g''und the chord
bears S24=Ui'50"VVu distance of235.54 feet; thence 8 i0"O4'5U''|Ea distance o{
309.12: thence ]97.57 feet along the arc of tangent curve to the right having a radius of
lU22.OA feet, u central angle n[)i»U4'35''aod the chord bears SO4°32'32"Eu distance of
197.20 feet; thence S 00°59'45" W a distance of 104.37 feet; thence S 89"O0'!5" E a
distance of 5.43 feet to a point on said easterly offset;
thence the following 3 courses along said easter!y offset:
1. NO2"46'29"Eu distance of234.00feet;
2. N0U"33'59"Eu distance of529.39;
3. N 05"58'19" E a distance of 57.78 feet to the point of beginning; containing
0.8551 acres more or less.
EXHIBIT
EAGLE COUNTY, CO 201115313
TEAK J SIMONTON
REC: $ DOC: 102:21 :20PM 08/17/2011
1111111111 1011 1 111 11 l I Hill
Commissioner Yh.A_-1 O_- moved auopnon
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OFFCOLORADO
RESOLUTION NO. 2011 - 011 1
8313 COLORADO RIVER ROAD / 3 ISLAND BRIDGE ROAD VACATION
File Number G -3167
WHEREAS, pursuant to C.R.S. 43 -2 -301, et seq. and Section 5 -2200 of the Eagle County
Land Use Regulations (the "L.U.R. "), the Board of County Commissioners of the County of
Eagle, State of Colorado (hereinafter the "Board "), has the power and authority to vacate any
public right -of -way or public easement located entirely within the County of Eagle; and
WHEREAS, pursuant to a Petition submitted by Eagle County (hereinafter referred to as
"Petitioner "), the Board was asked to vacate a portion of road right of way for Colorado River
Road as necessary for the construction dry chon of the new bride per a right of wa a
bridge, p y agreement with
landowner Mike Luark, as recorded at Reception Number 2009222251 in the Office of the Clerk
and Recorder of Eagle County; the right
gl ty; of way easement ("easement") more particularly
described per the agreement in Exhibit "A"; and
WHEREAS, notice of the public hearings to consider the proposed vacation of the
easement was mailed for the public hearing before the Eagle County Planning Commission and
published in the Eagle Valley Enterprise on May 26, 2011, for the public hearing before the
Board; and
WHEREAS, at its regular meeting of June 15, 2011, the Eagle County Planning
Commission recommended approval of the vacation of the subject easement; and
WHEREAS, the Board conducted a public hearing on June 28, 2011, to consider the
Petitioner's request; and
WHEREAS, at the aforesaid public hearing, the Board determined that the easement
described in Exhibit "A" attached hereto and incorporated herein by this reference lies entirely
within Eagle County, and not within the limits of any Town; and that all easement holders of
record, affected governmental entities and adjacent property owners have been notified of the
proposed vacation, and have been given an opportunity to comment, and all such comments have
been fully considered by the Board; and
WHEREAS, the Board has considered all the evidence, exhibits and arguments presented
at the hearings.
WHEREFORE, based on the evidence presented, the Board finds that the Petitioner's
request meets the intent of Section 5 -2200 of the L.U.R which governs Public Way and
Easement Vacations.
1
NOW, THEREFORE be it resolved by the Board of County Commissioners of the
County of Eagle, State of Colorado:
THAT, the Board authorizes the Chairman of the Eagle County Board of County
Commissioners to execute any and all documents, instruments, papers or other forms necessary
for the vacation of the public easement.
THAT, the application for approval of the vacation of the easement described in Exhibit
"A" is hereby approved, subject to compliance with the following conditions:
1. Except as otherwise modified by these conditions, all material representations of the
Applicant in this application and all public meetings shall be adhered to and
considered conditions of approval.
2. The vacations will not be in effect until Quit Claim Deeds for the vacated right -of-
way are recorded with the Eagle County Clerk and Recorder.
3. The vacations will not be in effect until the Resolution of the Eagle County Board of
County Commissioners approving the vacations is recorded with the Eagle County
Clerk and Recorder. The Resolution will be recorded upon the completion of
condition two.
THAT, upon the date on which the last of the following documents has been recorded
with the Eagle County Clerk and Recorder: 1) Resolution of the Eagle County Board of County
Commissioners; 2) Vacation of Easement for the vacated easement, the Board thereupon divests,
relinquishes and vacates any and all rights it may have in the portion of the easement described
in this Resolution and the attached Exhibit "A ".
2
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the lip day of
1 2011,
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ATTEST: BOARD OF COUNTY COMMISSIONERS
of S"
!3-07 1
By: ._. ) I
Teak J. Simonto %Imo J, ' tavney, Chairman
Clerk to the Board of I
County Commissioners
V,
Peter . Runyon, Co : " oner
Sara J. Fisher, Com issioner
Commissioner 4- 'i S seconded adoption of the foregoing
resolution. The roll having been called, the vote was as follows:
Commissioner Jon Stavney -- M
Commissioner Peter F. Runyon & y
Commissioner Sara J. Fisher -
This Resolution passed by 3 U vote of the Board of County Commissioners of
the County of Eagle, State of Colorado.
•
3
EXHIBIT
J COUNTY 200922251
I A Pga; S0.00 DOC: -30PM 10/13/2009
11011111M1011 11 111111111
110 11
AGREEMENT TO GRANT ROAD RIGHT -OF -WAY EASEMENT AND
VACATE UNNECESSARY ROAD RIGHT -OF -WAY
o.
THIS AGREEMENT TO GRANT ROAD RIGHT -OF -WAY EASEMENT AND
VACATE UNA1XfSSARY ROAD RIGHT -OF -WAY (hereinafter referred to as "Agreement ")
is made this 'A(( day of September, 2009, by and between the County of Eagle, State of
Colorado, a body corporate and politic ( "County "), whose address is c/o Eagle County Attorney,
P.O. Box 850, Eagle, CO 81631 (hereinafter referred to as "County "), its successors and assigns, •
and Mike W. Luark, whose address is 8313 Colorado River Road, Gypsum, CO 81637, his
successors and assigns (hereinafter referred to as "Luark ").
RECITALS
1. Luark owns property at 8313 Colorado River Road in unincorporated Eagle
County.
2. The County currently owns and maintains a bridge, roadway, and attendant
improvements over the Colorado River located adjacent to the Luark property.
3. The County desires to replace, improve, and enhance this bridge, roadway and
attendant improvements in a new alignment generally depicted on the attached Exhibit E
(hereinafter referred to as the "Improvements ").
4. The Improvements necessitate the acquisition of an easement over approximately
9 PP Y
.72 acres of Luark land in a location identified in the attached Exhibits A, B, and E.
5. The new alignment of the Improvements shall make a portion of the previous road
right -of -way held by the County unnecessary for the construction, maintenance, and use of the
new aligned roadway and bridge structure. The County is willing to vacate said portion of
previous road right -of -way that is determined to no longer be necessary. Those portions of right -
of -way anticipated to be vacated are generally depicted in the attached Exhibits C, D, and E.
6. Luark is willing to grant the necessary easements in exchange for the
consideration identified herein.
NOW, THEREFORE, in consideration of the terms of this Agreement, the parties hereto
agree as follows:
GRANT OF ROAD RIGHT - OF - WAY EASEMENT
WITNESSETH, that for and in consideration of the sum of $42,950.00 and other good
and valuable consideration paid by the County to Luark, the receipt of which is hereby
acknowledged, Luark does hereby grant, convey and transfer unto the County, its successors and
assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain,
repair, operate, change or alter a roadway and bridge crossing; including but not limited to all
e q -aol
200922251 1 of 10
underground, underwater, and surface appurtenances related thereto, necessary snow storage and
drainage improvements related thereto, any other improvements reasonably necessary to
accomplish the above- stated purposes (hereinafter "Road Right -of- Way "), over, under and across
the properties specifically identified in the attached Exhibits A and B and visually depicted on
the attached Exhibit E.
The rights granted in this Agreement shall be possessed and enjoyed by the County, its
successors and assigns, so long as the roadway, bridge, and appurtenances constructed shall be
maintained and operated by the County, its successors or assigns.
The County shall be fully liable for all injuries to persons or damage to property resulting
from the operation and maintenance of a roadway and bridge over, under, and across the
easement, and, to the extent allowed by law, shall hold harmless Luark, his heirs and assigns,
from any and all claims, suits, costs, losses and expenses that may in any manner result from or
arise out of the maintenance, operation, or use of the easement. Nothing herein shall be deemed
a waiver of any defense the County may have against a third -party claim arising under the
Colorado Governmental Immunity Act or other similar statutory provisions.
Luark warrants that he has the lawful right to grant and convey the Road Right -of -Way
and that he will, at no time, permit, place or construct any improvement of any kind on any part
of the above - described premises, or in any way interfere with County's use of the Road Right -of-
Way.
AGREEMENT TO VACATE UNNECCSARY ROAD RIGHT - OF - WAY
Upon completion of the Improvements, the previous road right -of -way generally depicted
on the attached Exhibits C and D and visually depicted on the attached Exhibit E should become
unnecessary for the purposes of maintaining the roadway and bridge structure in its new
alignment. The property to be vacated shown on Exhibits C and D is attached hereto for
illustrative purposes and generally depicts the areas anticipated to be vacated. However, the
actual property to be vacated cannot be ascertained until after completion of the Improvements.
Within ninety (90) days following substantial completion of the Improvements, County
shall vacate those portions of the property identified in Exhibits C and D not necessary, as
determined by County in its sole discretion, for the operation and maintenance of a roadway and
bridge structure in the new alignment. The County shall prepare a legal description, at its sole
expense, identifying the vacated property. The actual legal descriptions shall be attached to this
Agreement in the form of an amendment to the same.
OTHER CONSIDERATION
The County shall install a driveway for the Luark property in a type and location shown
on the attached Exhibit F. Such driveway to be installed no later than thirty (30) days following
substantial completion of the Improvements. Such driveway shall include at its entrance a
twenty (20) foot long and seven (7) foot wide cattle guard to be installed at County expense.
2
200922251 2 of 10
•
This Agreement shall not affect any easements of record other than those set forth herein.
All provisions of the Agreement, including all benefits and burdens, shall run with the
land and shall be binding upon and inure to the benefit of the successors and assigns of the
parties hereto, subject to the provisions hereof.
This Agreement covers all of the agreements between the parties and no representations
or statements, verbal or written, have been made modifying, adding to, or changing the terms of
this Agreement.
No provision of this Agreement shall be construed against either party based on who
drafted the document. Both parties are encouraged to have legal counsel review the same.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By:
VG* Sara J. Fish r, Chairperson
ATTEST: � �
•
Clerk of the B : d of • Lot ,
County �ommiss� ^^° --
MIKE LUARK
By:
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE
The foregoing Agreement was subscribed and sworn to before me this ( 1 day of
September, 2009, by Mike Luark.
WITNESS my hand and official seal. //�,.,
(SEAL) , %' ' kAA. eA/Uli
DEBORAH L CHURCHILL Notary Public
Notary Public
State of Colorado My comm Ss on pires:
imisseissammena. d i My eomnMallon Nate Foamy 10, 2011 1 O 9.014
3
200922251 3 of 10
Parcel A Legal Description
A parcel of land located in the SW '/4 of Section 3, Township 4 South, Range 86 West of
the 6th P.M. and also being located within a parcel of land described in Book 297, Page
387 in the office of the Eagle County Clerk and Recorder being more particularly
described as follows:
Beginning at a point on the westerly offset of a line described in Book 215 Page 281 as
recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40, •
Township 4 South, Range 86 West of the 6th P.M. being a GLO brass cap bears N
03° 13'34" W a distance of 1155.41 feet; thence 120.62 feet along the arc of a non tangent
curve to the left having a radius of 290.00 feet, a central angle of 23 °49'49 "and the chord
bears S 31 °58'06" W a distance of 119.75 feet to a point on the westerly boundary of said
Tract 40; thence along said westerly boundary of Tract 40 S 00 °04'17" E a distance of
225.49 feet; thence leaving said westerly boundary of Tract 40 S 10 °04'50" E a distance
of 232.64 feet to a point; thence 61.94 feet along the arc of a tangent curve to the right
having a radius of 942.00 feet, a central angle of 03 °46'03 ", and the chord bears S
08 °11'48" E a distance of 61.93 feet to a point on said westerly offset;
thence along said westerly offset the following 3 courses
1. N 02 °46'29" E a distance of 10.87 feet;
2. N 00 °33'59" E a distance of 532.19 feet;
3. N 05°58'19" E a distance of 74.82 feet to the point of beginning; containing
0.5254 acres more or less.
•
EXH BIT
1 P
200922251 4 of 10
Parcel B Legal Description
A parcel of land located in the SW 1 /4 of Section 3, Township 4 South, Range 86 West of
the 6th P.M. and also being located within a parcel of land described in Book 297, Page
387 in the office of the Eagle County Clerk and Recorder being more particularly
described as follows:
Beginning at a point on the easterly offset of a line described in Book 215 Page 281 as
recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40,
Township 4 South, Range 86 West of the 6th P.M. being a GLO brass cap bears N
07 °53'57" W a distance of 1187.50 feet; thence 83.77 feet along the arc of a non tangent
curve to the right having a radius of 210.00 feet, a central angle of 22 °51'25 "and the
chord bears N 69 °34' 12" E a distance of 83.22 feet; thence N 80 °59'54" E a distance of
109.58 feet to a point on the easterly boundary of said parcel described in Book 297, Page
387, also being a point on the centerline of the Colorado River; thence along said easterly
boundary and river centerline N 23 °41'16" E a distance of 46.55 feet to a point on said
easterly offset; thence the following 6 courses along said easterly offset:
1. S 85 °15'59" W a distance of45.31 feet; •
1. S 86 °36'29" W a distance of 47.34 feet;
2. S 79 °10'19" W a distance of 64.84 feet;
3. S 57 0 55'39" W a distance of 34.63 feet;
4. S 29 °45'39" W a distance of 34.69 feet;
5. S 05°58'19" W a distance of 21.71 feet to the point of beginning.; containing
0.1946 acres more or less.
200922251 5 of 10
Parcel C Legal Description
A parcel of land located in the SW ''/ of Section 3, Township 4 South, Range 86 West of
the 6th P.M. and also being located within a parcel of land described in Book 297, Page
387 in the office of the Eagle County Clerk and Recorder being more particularly
described as follows:
Beginning at a point on the westerly offset of a line described in Book 215 Page 281 as
recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40,
Township 4 South, Range 86 West of the 6th P.M. being a GLO brass cap bears N
03 °13'34" W a distance of 1155.41 feet; thence 187.86 feet along the arc of a non tangent
curve to the right having a radius of 290.00 feet, a central angle of 37 °06'54 "and the
chord bears N 62 °26'27" E a distance of 184.59 feet; thence N 80 °59'54" E a distance of
163.60 feet to a point on the easterly boundary of said parcel described in Book 297, Page
387, also being a point on the centerline of the Colorado River;
thence the following 2 courses along said easterly boundary and river centerline:
1. N 27 °42'47" E a distance of 62.08 feet
2. N 26 °59'00" E a distance of 5.59 to a point on said westerly offset;
thence the following 6 courses along said westerly offset:
1. S 85 °15'59" W a distance of 106.14 feet;
2. S 86 °36'29" W a distance of 52.66 feet;
3. S 79 °10'19" W a distance of 90.10 feet;
4. S 57 °55'39" W a distance of 78.47 feet;
5. S 29 °45'39" W a distance of 80.85 feet;
6. S 05 °58'19" W a distance of 30.45 feet to the point of beginning; containing
0.4816 acres more or less.
200922251 6 of 10
Parcel D Legal Description
A parcel of land located in the SW 'h of Section 3, Township 4 South, Range 86 West of
the 6th P.M. and also being located within a parcel of land described in Book 297, Page
387 in the office of the Eagle County Clerk and Recorder being more particularly
described as follows:
Beginning at a point on the easterly offset of a line described in Book 215 Page 281 as
recorded in the office of the Eagle County Clerk and Recorder whence A.P. 2 of Tract 40,
Township 4 South, Range 86 West of the 6th P.M. being a GLO brass cap bears N
07 °53'57" W a distance of 1187.50 feet; thence 250.05 feet along the arc of a non tangent
curve to the left having a radius of 210.00 feet, a central angle of 68 °13'19 "and the chord
bears S 24 °01'50" W a distance of 235.54 feet; thence S 10 °04'50" E a distance of
309.12; thence 197.57 feet along the arc of a tangent curve to the right having a radius of
1022.00 feet, a central angle of 11 °04'35 "and the chord bears S 04 °32'32" E a distance of
197.26 feet; thence S 00 °59'45" W a distance of 104.37 feet; thence S 89 °00'15" E a
distance of 5.43 feet to a point on said easterly offset;
thence the following 3 courses along said easterly offset:
1. N 02 °46'29" E a distance of 234.00 feet;
2. N 00 °33'59" E a distance of 529.39;
3. N 05 °58'19" E a distance of 57.78 feet to the point of beginning; containing
0.8551 acres more or less.
INA
200922251 7 of 10
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