HomeMy WebLinkAboutC20-461 Walking Mountains SweetwaterAGREEMENT
BETWEEN EAGLE COUNTY, COLORADO
AND
WALKING MOUNTAINS
FOR THE
SWEETWATER CAMPUS CONSERVATION EASEMENT (776 SWEETWATER ROAD)
THIS FUNDING AGREEMENT (hereinafter “Agreement”) is made _____________________,
by and between Eagle County, Colorado, a body corporate and politic, (“County”) and Walking
Mountains, a Colorado non-profit corporation (“Walking Mountains”). The County and Walking
Mountains shall together be referred to as the “Parties”. The following exhibits are attached hereto and
are incorporated into this Agreement by reference:
Exhibit A - Description of Walking Mountains Conservation Easement Property
Exhibit B - Land Survey Plat of Walking Mountains Conservation Easement Property
RECITALS
WHEREAS, in 2002 voters in Eagle County approved Referendum lH establishing earmarked
funding for the purpose of acquiring, maintaining or permanently preserving open space; and
WHEREAS, as a result of Referendum 1H, County has established an "Open Space Program"
which acquires and/or protects open space throughout Eagle County, Colorado; and
WHEREAS, Eagle County Resolution No. 2016-064 implementing the Open Space Program,
permits the acquisition, maintenance or permanent preservation of open space and associated natural,
pastoral wildlife, conservation or public access values of lands, conservation easements or other interests
in land acquired by County, alone or in association with other entities; and
WHEREAS, Walking Mountains is a Colorado non-profit corporation and desires to enter into this
Agreement and receive funding through the Eagle County Open Space Program so that it may protect,
through a perpetual conservation easement, lands that are otherwise at risk for development and such
preservation will benefit the citizens of Eagle County; and
WHEREAS, Walking Mountains owns a 224-acre parcel located at 776 Sweetwater Road (as
described in Exhibit A and depicted on Exhibit B) (the “Property”) in Eagle County, Colorado, and desires
to place a conservation easement on it (the “Project”), to be held by Eagle Valley Land Trust (“Trust”);
and
WHEREAS, Trust is a Colorado non-profit corporation qualified to hold conservation easements
in the state of Colorado; and
WHEREAS, Eagle County supports the grant of a conservation easement to protect 224 acres of
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12/29/2020
C20-461
land in Eagle County for conservation purposes, including protection of open space, scenic vistas and
wildlife habitat, which will result in significant public benefit with value equal to or exceeding the amount
of the County’s contribution to the conservation easement; and
WHEREAS, Walking Mountains will donate any remaining portion of the conservation easement
value and will own and manage the Property at its expense; and
WHEREAS, Trust has agreed to hold the conservation easement on the Property and to be
responsible for long-term monitoring which will ensure the permanent protection of the Property’s
conservation values; and
WHEREAS, on November 10, 2020 the Eagle County Board of County Commissioners adopted
Resolution No. R20-91 authorizing the use of Open Space Funds to in the amount of Three Hundred Fifty
Thousand Dollars ($350,000) to fund a portion of the conservation easement, subject to satisfaction of any
due diligence and execution of a funding agreement with Walking Mountains, setting forth the details for
funding the transaction in a form acceptable to Eagle County no later than December 31, 2020; and
WHEREAS, any funds of the Open Space Program provided to Walking Mountains under this
Agreement shall be used solely for the purchase of the conservation easement and associated costs all
subject to the terms and conditions set forth herein.
AGREEMENT
NOW THEREFORE, in consideration of mutual promises and covenants contained in this
Agreement, the Parties agree as follows:
1. Incorporation of Recitals. The recitals set forth above are hereby incorporated into the terms of
this Agreement.
2. Representations and Warranties.
a. Walking Mountains is a non-profit corporation organized in accordance with the laws of
the State of Colorado and has full and lawful authority to enter into, and comply with the
terms of this Agreement.
b. Walking Mountains, by its signature below, hereby represents and warrants that its
governing body has approved the terms and conditions of this Agreement and that the
person signing below on behalf of Walking Mountains has full authority to do so.
3. Property Interest. Walking Mountains will grant a perpetual conservation easement encumbering
776 Sweetwater Road to the Trust, the form of which shall be satisfactory to the County in its sole
discretion prior to funding.
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4. Funding.
a. Subject to the terms and conditions set forth in this Agreement, the County, through its
Open Space Program, agrees to fund an amount not to exceed Three-Hundred Fifty
Thousand Dollars ($350,000) (hereinafter the “Funds”) towards the costs associated with
completion of the preservation of the Property through a conservation easement.
Specifically, the Funds are comprised of Two-Hundred Seventy Thousand Dollars
($270,000) toward the purchase of the conservation easement, and up to Forty-Five
Thousand Dollars ($45,000) toward the Transaction Costs (defined below), Stewardship
Costs (defined below) and Trust's Project Fee (defined below). "Transaction Costs" mean
those expenses incurred by Walking Mountains during the purchase of the conservation
easement to include, baseline report, mineral assessment, environmental review, survey,
title insurance and legal expenses. "Stewardship Costs" mean the Trust's stewardship and
legal defense fund fees in the fixed sum of $22,386 and "Trust's Project Fee" means the
fixed sum of $12,500.
b. Walking Mountains shall not materially modify the Project without the prior written
approval of County, such approval to be in County's sole discretion. Any Material
Modification (defined below) to the Project undertaken without County's consent may be
deemed a breach of this Agreement by County, entitling County to all remedies available
under this Agreement. If Walking Mountains determines with reasonable probability that
the Project will not or cannot be completed as reflected herein, Walking Mountains shall
promptly so advise the Eagle County Open Space Director, and cooperate in good faith to
seek a resolution before any Funds are advanced.
5. Walking Mountains Efforts. Walking Mountains shall complete the Project in a timely fashion,
consistent with this Agreement and County's approvals related to the Project.
6. Completion Date. Walking Mountains shall complete the Project no later than March 31, 2021
("Completion Date"). Walking Mountains may request an extension of the Completion Date which
may be granted in the County's sole discretion. If Walking Mountains determines with reasonable
probability that the Project will not or cannot be completed by the Completion Date or any
extended completion date, Walking Mountains will promptly so advise the Eagle County Open
Space Director, and cooperate in good faith to seek a resolution before any Funds or further Funds
are advanced.
7. Other Funds or In-Kind Contribution. The remaining appraised value of the conservation easement
will be donated by Walking Mountains to Trust as an additional contribution to the Project.
8. Disbursement of Funds. Closing shall occur at a date and time mutually agreeable to the County
and Walking Mountains, at the offices of a title company approved by the County (the "Closing").
Subject to the terms and conditions set forth herein, the County shall disburse Funds required for
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the Project either to the title company, or in the discretion of the County, as a reimbursement to
Walking Mountains at Closing.
9. Conditions Precedent for Disbursement of Funds. Disbursement of Funds are contingent upon the
following conditions having been satisfied:
a. Notwithstanding anything to the contrary herein, the County's contribution of the Funds set
forth in paragraph 4 above, are subject to review and approval of the Project by the Open
Space Advisory Committee and the Eagle County Board of County Commissioners in a
public meeting. Nothing herein shall be deemed pre-approval by the Open Space Advisory
Committee or Eagle County Board of County Commissioners.
b. Further, any contribution of Funds by the County is subject to its satisfactory due diligence
review, as determined by the County in its sole discretion, which may include, but not be
limited to, review of surveys, title commitments, appraisals, environmental inspection
reports as approved by the County, mineral remoteness reviews and evaluations of any
water rights, if any, associated with the Project. Due diligence review will also include
review and approval of the forms of conservation easements, baseline reports, management
plans, title insurance policies and any other documents associated with the Project.
Walking Mountains shall provide such documents, materials or information as the County
may reasonably request in the conduct of its due diligence. The results of the County's due
diligence review must be satisfactory to the County as determined by the County in its sole
discretion.
c. The Parties agree that County shall be entitled to review and approve the form of
conservation easement to be recorded against the Property. Walking Mountains agrees that
in addition to any revisions that may result from the County's review and approval of the
conservation easement, the County also requires that the following concepts be included in
the Conservation Easement: (i) the County shall be entitled to review and approve the
designated building envelope on the Property; (ii) the County shall be entitled to review
and approve language relating to wildlife habitat management, including seasonal wildlife
closures; (iii) the County shall be entitled to a copy of any report generated in connection
with resource management; (iv) the County shall not have any right or ability to exercise
physical or managerial control in connection with and shall not be responsible for
hazardous materials; (v) the County shall have no liability in connection with the
conservation easement as a result of its role as a funder; (vi) the County shall be notified
of and will receive copies of documents associated with any violations or enforcement
matters occurring under the conservation easement, although the County shall not be
required to participate in mediation or enforcement matters; (vii) the County shall receive
notice and be required to approve any transfer of the conservation easement by Trust and
its successors; (viii) the County shall be entitled to notice, compensation, and a right, but
not the obligation, to participate in any condemnation or other proceeding to terminate the
conservation easement, in whole or in part; (ix) Trust shall be entitled to compensation in
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connection with condemnation, termination and extinguishment of the conservation
easement; (x) the County shall receive notice and copies of any submittals for requests for
approval from Trust and related approvals or rejections; (xi) the County shall be included
in the notice provision of the conservation easement; (xii) the County shall be entitled to
notice and approval rights in connection with any assignment, merger, modification or
amendment of the conservation easement; (xiii) the County shall be a third party
beneficiary as to those rights specifically granted to it under the conservation easement;
(xiv) the County shall be entitled to appropriate hold harmless provisions in the
conservation easement; (xv) the County shall be entitled to notice but shall have no
obligation to participate in mediation.
d. If all or any portion of the Property is condemned through judicial proceedings or in any
other manner, the Parties agree that the first $270,000 of any of the proceeds paid to
Walking Mountains and Trust shall be paid to the County. All such proceeds shall be used
in a manner consistent with the conservation purposes of the Walking Mountains
conservation easement.
e. The County is entitled to review and approve signage that shall be located on the Property
acknowledging participation by the Eagle County Open Space Program.
f. Except as otherwise agreed to in advance by the County in accordance with the terms of
this Agreement, no material modifications may be made to the Project. Material
modifications to the Project to which the County has not agreed to may result in changes
to or a reduction or termination of funding. Material modifications may include, but are
not necessarily limited to, an increase or a reduction in the total cost of the Project, a change
in the size of the conservation easements or change in the uses permitted within the
conservation easements. Carrying out the approved activities and uses in the Special Use
Permit approved by County will not constitute material modification of the Project. It is
the sole responsibility of Walking Mountains to inform the County of any such
modifications to the Project. The County strongly encourages Walking Mountains to
contact the County in writing when it becomes aware of or wishes to make any
modifications to the Project, however seemingly minor.
10. Payment of Funds Subject to Sufficient Open Space Funds. Payment of the Funds is subject to the
County's determination in its sole discretion that it has received and has available sufficient funds
in the Open Space Program to fund the Project. Further, funding the Project is subject to the Funds
being budgeted and appropriated for the Project by the Board of County Commissioners.
Notwithstanding anything to the contrary contained in this Agreement, no payment will be made
for any period after December 31st of any calendar year without the written approval in accordance
with a budget adopted by the Eagle County Board of County Commissioners in compliance with
the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government
Budget Law (C.R.S. § 29-1-101 et seq.) and the TABOR Amendment (Colorado Constitution,
Article X, Sec. 20).
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11. Project Operation and Maintenance.
a. The Conservation Easement shall require that Trust inspect the Walking Mountains
Conservation Easement Property at least once every calendar year and ensure compliance
with the terms of the conservation easement all in accordance with best practices
established by the Land Trust Alliance. Walking Mountains shall ensure that Trust provides
the County with a copy of its annual monitoring reports within thirty (30) days of
completing the annual monitoring of the Property.
b. The County shall not be liable for any cost of maintenance, management, operation or
stewardship related to the Property or any enforcement action under the terms of the
conservation easement.
c. Within sixty (60) days of reasonable request by the County, Walking Mountains shall
ensure that Trust provides the County with adequate records reflecting the operation and
maintenance and stewardship by Trust of the Walking Mountains Conservation Easement
and provides the County with such other information concerning the Project as the County
may request.
12. Compliance with Regulatory Requirements and Federal, State and County Mandates. Walking
Mountains hereby assumes responsibility for Walking Mountain’s compliance with all regulatory
requirements in all applicable areas, including but not limited to nondiscrimination, worker safety,
local labor preferences, preferred vendor programs, equal employment opportunity, use of
competitive bidding, permits, approvals, and other similar requirements. To the extent permitted
by law, Walking Mountains will indemnify and hold the County harmless from any liability for
any failure by Walking Mountains to comply with the applicable requirements.
13. Nondiscrimination. During the performance of this Agreement, Walking Mountains and its
contractors, subcontractors and agents shall not unlawfully discriminate against any employee or
applicant for employment because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, marital status, age or sex, or any other basis prohibited by local, state
or federal law. Walking Mountains and its contractors shall ensure that the evaluation and
treatment of their employees and applicants for employment are free of such discrimination.
Further, during the performance of this Agreement, Walking Mountains and anyone acting on
behalf of Walking Mountains shall not engage in any unlawful discrimination in permitting access
and use of the Project.
14. Publicity and Project Information.
a. County or Walking Mountains may erect and maintain a sign at a prominent location on
the Property acknowledging the funding assistance of the Eagle County Open Space
Program and Eagle County. The County will provide reproducible samples of its logo to
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Walking Mountains for such signs if erected by Walking Mountains.
b. Walking Mountains will acknowledge funding through the County Open Space Program
in all publicity issued by it concerning the Project. The Parties further agree to coordinate
and agree in advance as to the form and content of any publicity.
c. Walking Mountains shall cooperate with the County and Trust in advance in preparing
public information pieces related to the Project.
d. Walking Mountains will give the County the right and opportunity to use information
gained from the Project.
e. Walking Mountains will give the County a minimum of 30 days' notice of Project
dedications.
f. At no time shall Walking Mountains represent in any manner to the public that it is
affiliated with the County or acting on behalf of the County.
15. Liability.
a. Walking Mountains shall be responsible for and indemnify, defend and hold harmless the
County, its officers, agents and employees from any and all liabilities, claims, demands,
damages or costs (including reasonable legal fees) resulting from, growing out of, or in any
way connected with or incident to Walking Mountains’ performance of this Agreement.
Walking Mountains hereby waives any and all rights to any type of express or implied
indemnity or right of contribution from the County, the Eagle County Board of County
Commissioners, the Eagle County Open Space Program, their officers, agents or
employees, from any liability resulting from, growing out of, or in any way connected with
or incident to this Agreement. Walking Mountains acknowledges that Trust is or will be
the holder of the conservation easement and that the County neither possesses nor controls
the operations thereunder.
b. Anything else in this Agreement to the contrary notwithstanding, no term or condition of
this Agreement shall be construed or interpreted as a waiver, either express or implied, of
any of the immunities, rights, benefits or protection provided to the County under the
Colorado Governmental Immunity Act as amended or as may be amended in the future
(including, without limitation, any amendments to such statute, or under any similar statute
which is subsequently enacted).
16. Audits and Accounting. Walking Mountains shall maintain standard financial accounts,
documents, and records relating to the use, management and operation of the Project. The
accounts, documents, and records relating to the Project shall be retained by Walking Mountains
for not less than seven (7) years following the date of disbursement of Funds under this Agreement.
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The County, or its designated agent, shall have the right, upon reasonable notice to Walking
Mountains, to audit the books and records of Walking Mountains which pertain to the Project and
to the use and disposition of the Funds. Walking Mountains shall use reasonable and appropriate
accounting systems in maintaining the required records hereunder.
17. Inspection. The County shall have the right to inspect the Project to ascertain compliance with
this Agreement.
18. Withdrawal of Funding; Termination of Agreement. Anything else in this Agreement or otherwise
to the contrary, notwithstanding, the County may withdraw, in whole or in part, the Funds and/or
terminate this Agreement, and/or seek a refund of payments already made if the County determines
in its discretion that:
a. Facts have arisen or situations have occurred that fundamentally alter the expectations of
the Parties or make the purposes for which the Funds were provided infeasible or
impractical;
b. Any material modifications in the scope or nature of the Project have occurred from that
which was presented to the County at the time the funding request was made and such
material modifications have not received the prior written approval of the County;
c. Any statement or representation made in a presentation to Eagle County Open Space
Advisory Committee or Eagle County Board of County Commissioners is untrue,
inaccurate or incomplete in any material respect;
d. The Project will not or cannot be completed by the Completion Date or any extensions
granted thereto or delays in the implementation of the Project have occurred which, in the
County’s judgment make the Project impracticable;
e. The Project cannot or will not be completed with the Funds provided or any approved
modifications;
f. Conditions precedent to funding have not been fulfilled or are unsatisfactory as determined
by the County in its sole discretion;
g. Sufficient funds from the Open Space Program are not available to fund the Project.
19. Breach. In the event Walking Mountains breaches any of the terms, covenants, representations or
conditions of this Agreement, the County may elect to enforce any and all remedies available at
law or in equity, including without limitation any of the following:
a. Prior to payment of the Funds:
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i. Withdraw and terminate this Agreement; and
ii. Deny Trust Walking Mountains eligibility from participation in future Eagle
County Open Space projects and funds.
b. After payment (full or partial) of Funds:
iii. Deny Walking Mountains’ eligibility from participation in future Eagle County
Open Space projects and funds;
iv. Seek specific performance of Waking Mountains’ obligations under this
Agreement;
v. Receive reimbursement in full of Funds disbursed hereunder.
c. The foregoing remedies are cumulative and may be exercised independently or in
combination and are not exclusive to one another or to any other remedies available at law
or in equity.
20. Assignment. Walking Mountains may not assign its rights under this Agreement without the
consent of the County, which consent shall be in the sole discretion of the County.
21. Miscellaneous Provisions.
a. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction
to be illegal or in conflict with any federal law or law of the State of Colorado, the validity of
the remaining portions or provisions shall not be affected, and the rights and obligations of the
Parties hereto shall be construed and enforced as if the Agreement did not contain the particular
part, term or provision held to be invalid.
b. Nothing in this Agreement is intended to create or grant to any third party or person any
right or claim for damages or the right to bring or maintain any action at law.
c. This Agreement is intended as the complete integration of all understandings between the
Parties and constitutes the entire agreement between the Parties hereto.
d. This Agreement may be changed or modified by written agreement of the Parties.
e. Any notices or other communications required or permitted to be given hereunder shall be
given in writing and delivered personally, by U.S. mail, or by electronic mail to the attention
of the individuals below, or to such other addresses as either party designates by written notice.
Notice shall be deemed given on the date of personal delivery or electronic mailing, or five (5)
days from the date of mailing by U.S. mail.
Notice to Eagle County: Katherine King, Open Space Director
P.O. Box 850
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500 Broadway
Eagle, CO 81361
Katherine.King@eaglecounty.us
with a copy to: Eagle County Attorney’s Office
P.O. Box 850
500 Broadway
Eagle, CO 81361
#atty@eaglecounty.us
Notice to Walking Mountains: Markian Feduschak, President
Walking Mountains
P.O. Box 9469
Avon, CO 81620
markianf@walkingmountains.org
f. Although Eagle County may fund a portion of the Project as described in this Agreement,
nothing in this Agreement shall be construed to mean that any land use approvals required as
a condition of Closing or later desired by the owner of the Property have been given approval
by Eagle County in its governmental capacity. Owner of the Property or Walking Mountains,
as applicable, shall be solely responsible for obtaining all approvals necessary for Closing or
the lawful use of the Property. Nothing herein shall be considered pre-approval by Eagle
County of the same.
g. Any provisions of this Agreement which require observance or performance after the date
of Closing on the conservation easement shall continue in force and effect following the date
of Closing.
h. This Agreement shall be governed by the laws of the State of Colorado and venue for any
dispute hereunder shall lie exclusively in the Eagle County District Court.
i. Nothing in this Agreement shall be construed to create a joint venture, partnership,
employer/employee relationship between the Parties hereto other than independent contracting
parties.
j. Each party hereto has reviewed this Agreement and any usual rules of construction
requiring that ambiguities are to be resolved against a particular party shall not be applicable
in the construction and interpretation of this Agreement.
k. The failure of either party to enforce a term hereof shall not be deemed a waiver of such
term or right of enforcement as to that breach or any subsequent breach of the same, similar or
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different nature. No waiver shall be enforceable unless signed by the party against whom the
waiver is sought to be enforced.
l. A memorandum of this Agreement shall be recorded in the real estate records of Eagle
County, Colorado.
22. Prohibitions on Government Contracts. As used in this paragraph 23, the term undocumented
individual will refer to those individuals from foreign countries not legally within the United States
as set forth in C.R.S. § 8-17.5-101, et. seq. If Walking Mountains has any employees or
subcontractors, Walking Mountains shall comply with C.R.S. § 8-17.5-101, et. seq., and this
Agreement. By execution of this Agreement, Walking Mountains certifies that it does not
knowingly employ or contract with an undocumented individual who will perform under this
Agreement and that Walking Mountains will participate in the E-verify Program or other
Department of Labor and Employment program (“Department Program”) in order to confirm the
eligibility of all employees who are newly hired for employment to perform under this Agreement.
a. Walking Mountains shall not:
i. Knowingly employ or contract with an undocumented individual to perform under
this Agreement; or
ii. Enter into a subcontract that fails to certify to Walking Mountains that the
subcontractor shall not knowingly employ or contract with an undocumented individual to perform
work under the public contract.
b. Walking Mountains has confirmed the employment eligibility of all employees who are
newly hired for employment to perform under this Agreement through participation in the E-Verify
Program or Department Program, as administered by the United States Department of Homeland
Security. Information on applying for the E-verify program can be found at:
https://www.e-verify.gov/
c. Walking Mountains shall not use either the E-verify program or other Department
Program procedures to undertake pre-employment screening of job applicants while the public
contract is being performed.
d. If Walking Mountains obtains actual knowledge that a subcontractor performing
work under the public contract knowingly employs or contracts with an undocumented individual,
Contractor shall be required to:
i. Notify the subcontractor and the County within three (3) days that Walking
Mountains has actual knowledge that the subcontractor is employing or contracting with an
undocumented individual; and
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ii. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor
does not stop employing or contracting with the undocumented individual; except that Walking
Mountains shall not terminate the contract with the subcontractor if during such three (3) days the
subcontractor provides information to establish that the subcontractor has not knowingly employed
or contracted with an undocumented individual.
e. Walking Mountains shall comply with any reasonable request by the Department of Labor
and Employment made in the course of an investigation that the department is undertaking
pursuant to its authority established in C.R.S. § 8-17.5-102(5).
f. If Walking Mountains violates these prohibitions, County may terminate the Agreement
for breach of contract. If the Agreement is so terminated specifically for breach of this provision
of this Agreement, Contractor shall be liable for actual and consequential damages to the County
as required by law.
g. The County will notify the Colorado Secretary of State if Walking Mountains violates this
provision of this Agreement and the County terminates the Agreement for such breach.
IN WITNESS WHEREOF, this Agreement is executed and entered into the day and year
first above written.
WALKING MOUNTAINS
a Colorado non-profit corporation
By: ___________________________
Markian Feduschak, President
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
By: ______________________________
Kathy Chandler-Henry, Chair
Attest:
By: _________________________________
Regina O’Brien, Clerk to the Board
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Exhibit A
(Legal Description of Property)
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EXHIBIT ALEGAL DESCRIPTION
PARCEL N0. 1:
Lots 2, 3 and 4 and the SW 1/4 of the NE 1/4 of Section 8, in Township 4 south, Range 86 West of the
6th P.M., according to the survey under which patent issued April 12, 1951.
PARCEL NO. 2:
That portion of Tract 43 (according to the Independent Resurvey of Township 4 South, Range 86
West of the 6th P.M.) and of Lot 16 lying Westerly of a line extended due South from Corner
Number 8 of said Tract 43 to said line's point of intersection with the South line of Lot 16 in Sections
4, 5, 8, and 9, Township 4 South, Range 86 West of the 6th P.M.
EXCEPTING AND EXCLUDING THEREFROM:
All the land described on the Anderson Exemption Plat, recorded March 10, 1982 in Book 337 at
Page 486 as Reception No. 233838.
FURTHER EXCEPTING FROM BOTH PARCELS AND SUBJECT TO: The conveyance of a
certain strip of land by W. A. Maxfield to the County of Eagle, State of Colorado, by Warranty Deed
recorded in Book 72 at Page 454 of the records of the Eagle County Clerk and Recorder.
Also described by metes and bounds as follows:
The Northeast 1/4 of Section 8 and a part of Tract 42, in Sections 4, 5, 8, and 9, Township 4 South,
Range 86 West, being more particularly described as follows:
Beginning at a found 2-1/2" diameter USGLO brass cap monument properly marked for the North
1/4 Corner of said Section 8; thence along the North line of said Section 8 and the South line of Lot B,
Lawridge Subdivision, First Amendment, according to the plat thereof recorded at Reception No.
884785 S89°59'43"E, 790.67 feet to a found 3-1/2" diameter aluminum cap stamped "28267" and
properly marked for the Closing Corner of the North line of the Northeast 1/4 of said Section 8 on
the 2-3 line of said Tract 43; thence along the 3-2 line of said Tract 43 and the boundary of said Lot B
N00°28'59"W, 381.17 feet to a found 2-1/2" diameter USGLO brass cap monument properly marked
for Corner 2 of said Tract 43; thence along the 2-1 line of said Tract 43 and the South line of said Lot
B (and referring all bearings contained herein to said line) N89°56'01 "E, 1528.81 feet to intersect the
centerline of Sweetwater Creek and a point on the West line of Parcel B, Anderson Exemption
according to the plat thereof recorded in Book 337 at Page 486; thence along the boundary of said
Parcel B the following ten (10) courses:
1)S18°42'06"E, 167.39 feet;
2)S57°20'08"E, 203.35 feet;
3)S48°58'52"E, 156.20 feet;
4)S72°43'51 "E, 74.80 feet;
5)N85°29'16"E, 78.82 feet;
6)N89°13'23"E, 103.54 feet;
7)N50°39'07"E, 56.93 feet;
8)N29°23'53"E, 48.58 feet;
9)N29°25'43"W, 122.83 feet;
10)N18°11'14"E, 11.24 feet to a point on the South line of Sweetwater Road (50' wide) according to
said plat of Anderson Exemption; thence along said line the following five (5) courses:
1)57.91 feet along the arc of a non-tangent curve to the left having a radius of 501.36 feet, a central
angle of 06°37'06" and a chord which bears S78°56'59E", 57.88 feet;
2)S82°15'32"E, 162.33 feet;
3)321.10 feet along the arc of a curve to the right having a radius of 304.12 feet, a central angle of
60°29'40" and a chord which bears S52°00'43"E, 306.39 feet;
4)S21°45'54"E, 27.85 feet;
5)N68°14'06"E, 52.01 feet to a point on the 1-8 line of said Tract 43;
thence along said 1-8 line S00°01'18"E, 898.07 feet to a found 3-1/2" diameter aluminum cap
stamped "23508, 1992" and properly marked for Corner 8 of said Tract 43; thence along the
southerly extension of said 1-8 line S00°01'18"E, 1702.83 feet to a point on the South line of USGLO
Lot 16 and a point on the South line of the Northwest 1/4 of said Section 9; thence along said line
N89°57'52"W, 806.94 feet to a found 1-1/2" diameter aluminum cap stamped "LS 11204" marking
the East 1/4 Corner of said Section 8; thence S89°51 '18"W, 2631.67 feet to the Center 1/4 Corner of
said Section 8; thence N00°04'48"W, 2641.66 feet to the Point of Beginning.
County of Eagle, State of Colorado.
also known by street and nwnber as: Vacant Land, Sweetwater, CO 81637
DocuSign Envelope ID: F21A79DC-96C6-4ADA-BD08-9A3B4A2231DC
Exhibit B
(Land Survey Plat of Property)
DocuSign Envelope ID: F21A79DC-96C6-4ADA-BD08-9A3B4A2231DC
EXHIBIT B. DocuSign Envelope ID: F21A79DC-96C6-4ADA-BD08-9A3B4A2231DC
