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Home My WebLink AboutC13-249 River Ranch LLC First Amendment FIRST AMENDMENT TO PUBLIC ACCESS AND PARKING EASEMENT AGREEMENT FOR COLORADO RIVER RANCH RIVER ACCESS SITE BETWEEN RIVER RANCH,LLC AND EAGLE COUNTY, COLORADO THIS FIRST AMENDMENT TO PUBLIC ACCESS AND PA' ,4 G EASEMENT AGREEMENT(this"First Amendment")is granted on this day of MI ,200, by RIVER RANCH,LLC a Colorado limited liability company,with an a.dress of do John P. Lichtenegger,Manager, 2480 East Main Street,Jackson,Missouri,63755 ("Grantor"),to the COUNTY OF EAGLE, STATE OF COLORADO,whose address is P.O.Box 850, Eagle, Colorado 81631 ("Grantee"), collectively, the"Parties". RECITALS: A. Grantor and Grantee are parties to a Public Access and Parking Easement dated December 14„2012 that was recorded with the Eagle County Clerk and Recorder on December 14„2012 at reception number 201225228 in the real property records of Eagle County,Colorado (the"Original Easement"). B. Grantee has determined that there was minor error in the map and description of the "River Access Easement Area"as defined in the Original Easement and depicted in Exhibit B to the Original Easement and the Parties wish to correct that error. FIRST AMENDMENT: NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein and in the Original Easement, Grantor and Grantee mutually agree as follows: 1. Capitalized terms in this First Amendment will have the same meanings as in the Original Easement.To the extent that the terms and conditions of the First Amendment conflict with or modify the Original Easement,the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 2. Exhibit B of the Original Easement is hereby replaced with the map and legal description which is attached hereto and incorporated herein as Amended Exhibit B. 3. Except as expressly provided in this First Amendment,the Original Easement is in full force and effect and unmodified. 4. This First Amendment shall be recorded in the records of the Eagle County Clerk and Recorder's Office. Cs`3 a-1 IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: RIVER RANCH, LLC, a Colorado limited liability company PI / /" u • By: . VVV y.,�� C �' ' r 1 ' fie: .I k A -C3. r..r • . Q Title: s Ana STATE OF L/C W""° ib jss. COUNTY OF The for going instrument was acknowledged before me this A2\ day of � ,200,by-tikr117 Li Ck em(41Cr as k'I.GUit a of River RC a Colorado limited liability company. Witness my hand and official seal. My commission expires: l 1 (`� . AUL ie 1 DEBORAH LYNN CHURCHILL otary Public NOTARY PUBLIC STATE OF COLORADO GRANTEE: MY COMMISSION EXPIRES 3/24/2015 EAGLE COUNTY, STATE OF COLORADO By and through its Board of County Commissioners By: 4.A.47)--17_,Diu,__ Sara J. Fisher, Chairman STATE OF COLORADO ) ) ss. COUNTY OF (r4 ' .. ) � f .The foregoing instrument was acknowledged before me this--j day of fir-,4 , 20 %3,by Sara J. Fisher, as Chairman of the Board of County o issioners of the County of Eagle, State of Colorado. Witness my hand and official seal. i My commission expires: / >CO � � �A . . 114 )s v Y`1 CO Notary Public -, ,-NANCY , -1"= ‘ NOTARY PUBLIC ti STATE OF COLORADO r MY COMMISSION EXPIRES 1/4/2015 AMENDED EXHIBIT B Engineering Department Eagle County Mar Phone: (970)328-3560 FAX: (970)328-8789 :1111 P.O.Box 850 www.eaglecounty.us , A� Broadway Eaggll e,CO 81631 EAGLE COUNTY WW-4/1.0(cd Wk ,+1 'f RIVER ACCESS EASEMENT AREA July 25,2013 A description of an open space vehicle,boat and pedestrian easement located in part of Tract 54,T3S, R86W of the 6th P.M.,in Eagle County,Colorado. LEGAL DESCRIPTION An open space easement located in part of Tract 54, T3S, R86W of the 6th P.M., in Eagle County, Colorado,said easement described as follows: COMMENCING at Closing Corner on the most Southerly Line of said Tract 54, T3S, R86W, from which AP-6 of said Tract 54 bears S89°50'19"E,2439.93 feet(Basis of Bearing),thence N53°35'23"E, 795.33 feet to the TRUE POINT OF BEGINNING; Thence N20°55'35"E, 187.14 feet; Thence N52°07'50"W,346.80 feet; Thence S21°27'12"W, 335.41 feet; Thence S77°05'42"E,338.14 feet to the TRUE POINT OF BEGINNING. Together with an access easement described as follows: LEGAL DESCRIPTION A 50 foot wide open space access easement located in part of Tract 54,T3S, R86W of the 6th P.M.,in Eagle County,Colorado,the center line of said access easement described as follows: COMMENCING at Closing Corner on the most Southerly Line of said Tract 54, T3S, R86W, from which AP-6 of said Tract 54 bears S89°50'19"E,2439.93 feet(Basis of Bearing), thence N53°35'23'E, 795.33 feet,thence N20°55'35"E, 30.26 feet to the POINT OF BEGINNING of said center line; Thence S77°29'59"E, 155.52 feet; Thence S54°59'56"E,63.05 feet; Thence S61°45'14"E, 84.68 feet; Thence S83°27'02"E, 107.75 feet to a curve to the right; Thence Southeasterly,43.47 feet along the arc of said curve to a point tangent,said arc having a radius of 75.00 feet, a central angle of 33°12'31", and being subtended by a chord that bears S66°50'46"E, 42.86 feet; Thence S50°14'31"E, 393.45 feet; Thence S68°50'29"E, 86.70 feet to a curve to the left; Thence Northeasterly, 107.84 feet along the arc of said curve to a point tangent, said arc having a radius of 125.00 feet, a central angle of 49°25'52", and being subtended by a chord that bears N86°26'35"E, 104.53 feet; Thence N61°43'3 9"E, 112.24 feet to a curve to the right; Thence Southeasterly, 94.17 feet along the arc of said curve to a point tangent, said arc having a radius of 75.00 feet, a central angle of 71°5619", and being subtended by a chord that bears S82°18'11"E, 88.10 feet; Thence S46°20'02"E, 43.93 feet to the Westerly Right-of-way Line of Colorado River Road and said center line there terminating. t%uauiuuu,u, ��pdQ QE641dj4iyi ` I�•/ . Sincerely, f, ��i NOTICE: According to Colorado law you must commence any legal action based up any defect in this o ' 9 U on survey within three years after you first discovered such g, defect. In no event, may any action based upon any ,''' •% —Z5•0 defect in this survey be commenced more than ten years Kelly Mil ler'4000'` .,, �' from the date of the certification shown hereon. Eagle COUnty �n�' 030,, �`�� File:Boat Land OS Ease Project:CRROS Page 2 l II — — — I1/¢ • i 51 Xi 111; \ ` \ \ ;tpe m \ # s °4 3 -S\ P "p,-,--, S I �r \ 1 u I 6 E 4 i b \ �!_� �� —� \ Ili .c AF` \ 1.i¢ tev- !. :1111 \ / a m `i tg k' 1111 o / / / A O I ¢¢7�F'b .0. lid 3j S� / / \ \ a l�f rt) `9CJ. F6 / 8K1gE ', 4• 1 ----- / I lR' / r / ,, 9/�9fi' cnn \ ,, / �s'i � ti pp / I ai /I i \ fli f, r- _ =/ I/7 / 0 f 1 / \ 11 / II \\ ggii hit 1 \\\ - - Ipbt,° RIVER ACCESS EASEMENT AREA NO °"'E RE"'" _ EAGLE COUNTY R TRACT 54,135,RBBW ENGINEERING DEPARTMENT �� COLORADO RIVER RANCH P.O.BOX eso,500 BROADWAY �� eACUB.coe7e37 '! , 1 970 3184580 FAX 670 328.8796 wm.nar.n ww_ wa¢c.w !LE CO,aA Y