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HomeMy WebLinkAboutC13-155 Special Warranty Deed ' Eagle County, Co 201310757 Teak J Simonton 05/29/2013 Pgs: 8 04:31:26 PM REC: $0.00 WHEN RECORDED RETURN TO: DOC: $0.00 Lana Gallegos Town of Gypsum PO Box 130 Gypsum, Colorado 81637 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, is granted this/Al day of May, 2013 by the County of Eagle, State of Colorado by and through its Board of County Commissioners, whose legal address is 500 Broadway, P.O. Box 850, Eagle, Colorado 81631 ( "Grantor ") and the Town of Gypsum, State of Colorado by and through its Town Council, whose legal address is 50 Lundgren Blvd, P.O. Box 130, Gypsum, Colorado 81637 ( "Grantee "). WITNESS, that the Grantor, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and conveyed and by these presents does remise, release, sell and convey unto the Grantee, all of the right, title, interest, claim and demand that Grantor has in and to the road right -of -way, together with the road improvements located thereon, subject to the reservations set forth in Exhibit B attached hereto and incorporated herein by this reference, situate, Tying and being in the County of Eagle and State of Colorado, describes as follows: See Exhibit A attached hereto and incorporated herein by this reference, excluding that property previously transferred to the Grantee by Special Warranty Deed dated July 10, 2001 and recorded in the Eagle County Clerk and Recorder's Office at Reception Number 763240. Also Known As: Jules Drive. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim, whatsoever, of the Grantor, either in law or in equity, to the proper use, benefit and behalf of the Grantee, and the Grantees assigns forever. Grantor warrants this title to such real property against all persons claiming under it during the time of Grantor's ownership. EXECUTED AND DELIVERED on the date set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Thr. gh Its BOARD - OUNTY Csi ' IONERS By: �l 4 L1 • avney, Chan ATTEST: , 0424 .. t yt ; X ; -,ii. * Clerk to the Board of County Commissioners e0-150 The real property is located within the County of Eagle, State of Colorado, and legally described as follows: Parcel 1 (Jules Drive Right -of -Way Parcel through Lot 2 of the Collins Subdivision) A parcel of land located in Lot 2 of Collins Subdivision, Town of Gypsum, Eagle County, State of Colorado, said parcel also located in Tract 66, Township 5 South, Range 85 West of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at a point on the northern boundary of said Lot 2, said point also being on the northerly boundary of said Tract 66 whence Angle Point Number 1 of said Tract 66 bears S 89 °48'08" E a distance of 340.64 feet; Thence along the arc of a curve to the right having a radius of 700.00 feet, and a central angle of 26 °51'31" for a distance along the curve of 328.14 feet; the chord of said curve bears S 75°49'17" W a distance of 325.14 feet; Thence S 89 °15'03" W 221.41 feet; Thence along the arc of a curve to the left having a radius of 620.00 feet, and a central angle of 89 °08'55" for a distance along the curve of 964.68 feet; the chord of said curve bears S 44 °40'35" W a distance of 870.27 feet; Thence S 00 °06'08" W 528.70 feet; Thence along the arc of a curve to the left having a radius of 45.00 feet, and a central angle of 89 °48'42" for a distance along the curve of 70.54 feet; the chord of said curve bears S 44 °48'13" E a distance of 63.53 feet to a point on the southern boundary of said Lot 2, said point also being on the northern right -of- way of Cooley Mesa Road; Thence N 89 °42'34" W 170.00 feet along the northern right -of -way of Cooley Mesa Road; EXHIBIT Thence along the arc of a curve to the left having a radius of 45.00 feet, and a central angle of 90 °1118" for a distance along the curve of 70.83 feet; the chord of said curve bears N 45 °11'47" E a distance of 63.74 feet; Thence N 00 °06'08" E 528.14 feet; Thence along the arc of a curve to the right having a radius of 700.00 feet, and a central angle of 89 °08'55" for a distance along the curve of 1089.16 feet; the chord of said curve bears N 44 °40'35" E a distance of 982.57 feet; Thence N 89°15'03" E 221.41 feet; Thence along the arc of a curve to the left having a radius of 620.00 feet, and a central angle of 02 °00'27" for a distance along the curve of 21.72 feet; the chord of said curve bears N 88 °14'49" E a distance of 21.72 feet to a point on the northern boundary of said Lot 2, said point also being on the northerly boundary of said Tract 66; Thence S 89 °48'08" E 294.57 feet along the northern boundary of said Lot 2 to the POINT OF BEGINNING containing 163526.8 square feet or 3.7541 acres more or Tess. Parcel 2 (Jules Drive Right -of -Way Parcel through Lot 2B of the Longview Subdivision) A parcel of land located in Lot 2B of the Longview Subdivision, Eagle County, State of Colorado, said parcel also located in Tract 65, Township 5 South, Range 85 West of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at the southeast corner of said Lot 2B of the Longview Subdivision, said point also being on the southern boundary of said Tract 65 whence Angle Point Number 4 of said Tract 65 bears S 89 °48'08" E a distance of 388.73 feet; Thence N 89 °48'08" W 246.47 feet along the southern boundary of said Lot 2B of the Longview Subdivision; Thence along the arc of a curve to the left having a radius of 620.00 feet, and a central angle of 23 °43'47" for a distance along the curve of 256.78 feet; the chord of said curve bears N 75 °22'36" E a distance of 254.95 feet to a point on the eastern boundary of said Lot 2B of the Longview Subdivision; Thence S 00 °11'52" W 65.22 feet along the eastern boundary of said Lot 2B of the Longview Subdivision to the POINT OF BEGINNING containing 5780.5 square feet or 0.1327 acres more or less. Parcel 3 (Jules Drive Reconnection Right -of -Way Parcel through Lot 1 of the Longview Subdivision) A parcel of land located in Lot 1 of the Longview Subdivision, Eagle County, State of Colorado, said parcel also located in Tract 65, Township 5 South, Range 85 West of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at a point on the southerly line of said Lot 1 of the Longview Subdivision, said point also being on the southern right -of -way of Jules Drive, said point also being on the southern boundary of said Tract 65 whence Angle Point Number 4 of said Tract 65 bears S 89 °48'08" E, 340.64 feet; Thence N 89 °48'08" W, 48.07 feet along the southern boundary of said Lot 1 of the Longview Subdivision; Thence N 00 °11'42" E, 65.22 feet along the western line of said Lot 1 to the northern right -of -way line of said Jules Drive; Thence along the arc of a curve to the left having a radius of 620.00 feet, and a central angle of 3T06'06" for a distance along the curve of 401.48 feet; the chord of said curve bears N 44 °57'33" E a distance of 394.50 feet to a point on the northern boundary of said Lot 1; Thence N 83 °25'02" E, 93.18 feet along the northern boundary of said Lot 1 to the eastern right -of -way line of said Jules Drive; Thence along the arc of a curve to the right having a radius of 700.00 feet, and a central angle of 40 °08'25" for a distance along the curve of 490.41 feet; the chord of said curve bears S 42 °19'19" W a distance of 480.44 feet to the POINT OF BEGINNING containing 37257.8 square feet or 0.8553 acres more or Tess; Parcel 4 (Jules Drive Reconnection Right -of -Way Parcel through Lot 1 of the Longview Subdivision) A parcel of land located in Lot 1 of the Longview Subdivision, Eagle County, State of Colorado, said parcel also located in Tract 65, Township 5 South, Range 85 West of the Sixth Principal Meridian, said parcel being further described as follows: Beginning at the northwest corner of said Lot 1 of the Longview Subdivision, said point also being on the southern right -of -way of Jules Drive; Thence N 83 °25'02" E 173.21 feet along the northern boundary of said Lot 1 of the Longview Subdivision; Thence along the arc of a curve to the right having a radius of 325.00 feet, and a central angle of 08 °39'36" for a distance along the curve of 49.12 feet; the chord of said curve bears S 60 °02'55" E a distance of 49.08 feet; Thence along the arc of a curve to the left having a radius of 35.00 feet, and a central angle of 95 °17'13" for a distance along the curve of 58.21 feet; the chord of said curve bears N 76 °38'17" E a distance of 51.73 feet; Thence along the arc of a curve to the right having a radius of 620.00 feet, and a central angle of 11 °46'29" for a distance along the curve of 127.41 feet; the chord of said curve bears S 34 °52'55" W a distance of 127.19 feet; Thence along the are of a curve to the left having a radius of 35.00 feet, and a central angle of 96 °47'17" for a distance along the curve of 59.12 feet; the chord of said curve bears N 07 °37'29" W a distance of 52.34 feet; Thence along the arc of a curve to the left having a radius of 275.00 feet, and a central angle of 40 °33'50" for a distance along the curve of 194.69 feet; the chord of said curve bears N 76 °18'03" W a distance of 190.65 feet to the POINT OF BEGINNING containing 7328.7 square feet or 0.1682 acres more or less; Exhibit B Seller reserves to itself, its successors and assigns, for the use and benefit of the public an easement and right -of -way, appurtenant to the Eagle County Regional Airport, for so long as the County, and its successors and assigns utilize the airport for public air traffic, for the passage of all aircraft ( "aircraft" being defined for the purposes of this instrument as any device now known or hereafter invented, used or designated for navigation of or flight in the air) by whomsoever owned and operated, in the airspace above the surface of the Property to an infinite height above the Property, together with the right to cause and create, and to permit and allow to be caused or created, in said airspace (including that generated from outside the boundaries of the Property or of said airspace) such noise, vibration, current, fumes, dust, fuel particles, illumination, and all other effects that may be caused by or are inherent in the operation of aircraft landing at or taking off from or operating at or on the Eagle County Regional Airport, including ground run -ups and testing of aircraft engines. Seller, for itself and its successors and assigns, hereby waive, remise, and release any right or cause of action which he may have against Buyer, its successors and assigns, due to such noise, vibration, current, fumes, dust, fuel particles, illumination and other effects, provided that this waiver shall not operate to deprive Seller, its successors or assigns, or any rights which it may from time to time have against any air carrier or private operator for negligent or unlawful operation of aircraft. The easement and right -of -way hereby reserved includes the continuing right in the Seller to prevent the erection or growth upon the Property of any building, structure, objects of natural growth or other object extending into the air space above a height of 6530 feet above mean sea level, and to remove from said air space, or at the sole option of the Seller, as an alternative, to mark and light as obstructions to air navigation, any such building, structure, object of natural growth or other object, now upon, or which in the future may be upon the Property, all of which shall be at the expense of Buyer, its successors and assigns, together with the right of reasonable ingress to, egress from, and passage over the Property for the above purposes. The easement and right -of -way hereby reserved includes the right to regulate or prohibit the release into the air of any substance which would impair the visibility of or otherwise interfere with the operations of aircraft such as, but not limited to, steam, dust and smoke, together with the right of reasonable ingress to, egress from, and passage over the Property for the above purposes. The easement and right -of -way hereby reserved includes the right to regulate and prohibit light emissions, either direct or reflective, which might interfere with pilot vision or otherwise interfere with operations of the airport, together with the right of reasonable ingress to, egress from, and passage over the Property for the above purposes. The easement and right -of -way hereby reserved includes the right to regulate or prohibit electrical emissions which would interfere with aircraft communications systems or aircraft EXHIBIT navigational equipment, together with the right of reasonable ingress to, egress from, and passage over the Property for the above purposes. The easement and right -of -way hereby reserved also includes the right to regulate or prohibit any use of the Property which would interfere with landing or taking off of aircraft at the Eagle County Regional Airport, or otherwise constitute an airport hazard, together with the right of reasonable ingress to, egress from, and passage over the Property for the above purposes. Seller expressly retains all water rights and ditch rights of any nature and from any source which are appurtenant to the foregoing property.