HomeMy WebLinkAboutR95-122 releasing plat notes for Cordillera Valley Club Filings 1 and 2y
Conirnissicner moved adoption
of following Resolution:
BOARD OF COUNTY COMU:SSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 95 -
A RESOLUTION RELEA SING CERTAIN PLAT NOTES
CORDILLERA VALLEY CLUB FILINGS 1 AMID 2
WHEREAS, on March 21, 1995 the Board of County Commissioners
of the County of Eagle, State of Colorado (hereinafter "Board ")
approved the final plat for Wildhorse Subdivision Filing 1, said
plat is recorded in Book 663 and Page 890 in the records of the
Eagle County Clerk.and Recorder
WHEREAS, on August 29, 1995 the Board approved a correction
plat for Wildhorse Subdivision, Filing 2, which reflects the!name
change to Cordillera Valley Club, Filing 1, (hereinafter "Filing
1 said plat is recorded in Book 674 at page 807 in the records of
the Eagle County Clerk and Recorder; and
WHEREAS on March 21, 1995 the Board of County Commissioners
of'the County of Eagle, State of Colorado approved the final plat
for Wildhorse Subdivision Filing 2, said plat is recorded in Book
663 and Page 891 in the records of the Eagle County Clerk and
Recorder; and
WIEREAS, on August 29, 1995 the Board approved the correction
plat for Wildhorse Subdivision Filing 2 which reflects the name
change to Cordillera Valley Club, Fil 2, (hereinafter "Filing
2 said plat is recorded in Book 674 at page 808 in the records of
the Eagle County Clerk and Recorder; and
WHEREAS a certain plat appears on both the final plat and the
correction plat for Filing 1, said plat note requires that the 50'
Colorado Ute Electric Easement be vacated upon completion of
relocating the overhead wire in the designated easement, and until
such time as the easement is vacated no lot whose building envelope
is encumbered by the easement shall not be sold or otherwise
conveyed; and
k_
574441 B -678 P -430 10/17/95 02:49P PG 1 OF 8 REC DOC
Sara J. Fisher Eagle County Clerk & Recorder 0.00
MIEREAS, a certain plat appears on both the final plat and the
correction plat for Filing 2, said plat note requires that the 50'
Colorado Ute Electric Easement be vacated upon completion of
relocating the overhead wire in the designated easement, and until
such time as the easement is vacated no lot whose building envelope
is encumbered by the easement shall not be. sold or otherwise
conveyed; and
WHEREAS, the overhead wires in the designated easement have
been relocated and the Board has received satisfactory
documentation that the easement has been 'vacated and abandoned, see
Exhibit "A ", attached hereto and incorporated herein by this
reference, and
THMWOR , BE IT RESOLVED BY THE BOARD OF COUNTY CODMSSIONERS
OF • OF M OF • • -•.•
THAT, the certain plat note which appears on both the final
plat and the correction plat for Filing 1, which requires that the
50' Colorado Ute Electric Easement be vacated upon completion of
relocating the overhead wire in the designated easement, and which
prohibits the conveyance of certain lots until the easement is
vacated is hereby released.
THAT, the certain plat note which appears on both the final
plat and the correction plat for Filing 2, which requires that the
50' Colorado Ute Electric Easement be vacated upon completion of
relocating the overhead wire in the designated easement, and which
prohibits the conveyance of certain lots until the easement is
vacated is hereby released.
THAT, this document shall be recorded in the Records of the
Eagle County Clerk and Recorder, whiur, shall be evidence that these
plat notes for Filing 1 are released.
THAT, this document shall be recorded in the Records of the
Eagle County Clerk and Recorder, which shall be evidence that these
plat notes for Filing 2 are released.
574441 B -678 P -430 10/17/95 02:49P PG 2 OF 8
C )
MOVED, READ AMID ADOPTED by the Board of County Commissioners
of the County of Eagle, State of Colorado, this day of
October, 1995.
Geor7e A. Gates, Jr.,
Commissioner
- -
Commissioner seconded adoption of the fore-
going resolution.r The Ii Ong been called, the vote was as
follows:
Commissioner Johnson t "WZ
Commissioner Gates
Commissioner Phillips �n
This Resolution passed by - G?
County Commissioners of the County or Eagle,
File no. 92 -16
vote of the Board of
State of Colorado.
574441 B -678 P -430 10/17/95 02:49P PG 3 OF 8
VACATION, ABANDONMENT
AND RELEASE OF EASEMENT;
AND EASEMENT DEED
Vacation Abandonment and Release of Existing Easement:
THE HOLY CROSS ELECTRIC ASSOCIATION, INC., a Colorado corporation whose
legal address is P.O. Drawer 2150, Glenwood Spring, Colorado 81602, the successor -in- interest
to Colorado -Ute Electric Association, Inc., a suspended Colorado corporation; hereby vacates,
abandons and releases the easement conveyed pursuant to that certain document recorded on
September 16, 1965 in Book 190 at Page 505 of the Eagle County, Colorado records, including
the right of ingress and egress to and from said tract of land.
Grant of New Easement:
The EASEMENT is made this !' '' ' day of 0 1995. In consideration for the sum
of Ten Dollars ($10.00) and other good and valuable consideration received by CORDILLERA
VALLEY CLUB INVESTORS LIMITED PARTNERSHIP, a Colorado limited partnership,
whose legal address is P.O. Box 988, Edwards, Colorado 81632 (hereinafter referred to as
"Grantor "), from HOLY CROSS ELECTRIC ASSOCIATION, INC., a cooperative corporation
of the state of Colorado (hereinafter referred to as "Grantee "), Grantor hereby grants and
conveys to Grantee, and its successors and assigns, an easement across the lands of Grantor
situate in the County of Eagle, State of Colorado, described as follows:
An easement to reconstruct, repair, operate and maintain and electric transmission or
distribution line within the lands, as shown on and described in the attached Exhibit A
(hereby incorporated).
Together with the right to remove any and all trees, brush, vegetation and obstructions
with said easement, when such is reasonably necessary for the implementation and use of the
rights hereinabove granted. Grantor agrees that landscaping and other surface improvements
made on said easement will be minimized and that anv damage caused to'said landscaping and
improvements by Grantee during exercise of anv of its rights granted by this easement shall
be repaired by the Grantor at its expense.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall
remain the property of Grantee, and shall be removable at the option of Grantee.
574441 B -678 P -430 10/17/95 02:49P PG 4 OF 8
1 of 4
EXHIBIT
A
Consent of Secured Partv:
C
FirstBank of Avon, whose legal address is 0011 West Beaver Creek Boulevard, Avon,
Colorado 18620, by and through its authorized undersigned officer, hereby agrees and consents
that the easement granted herein above to the Grantee by Grantor shall be substituted for a
portion of the easement recorded in Book 190 at Page 505 which is excepted in No. 15 of
Exhibit B to First Deed of Trust and Security Agreement dated June 5, 1995 and recorded on
June 5, 1995 as Reception NO. 564700 in Book 688 at Page 679 of the records of Eagle
County, Colorado.
EXECUTED this Z day of f l-t-' . , 1995.
Granto
Cordillera Valley Club Investors Limited
Partnership, a Colorado limited partnership,
P.O. Box 988
Edwards, CO 81632
State of Colorado )
)ss
County of Eagle ) .
By: Squaw Creek Development LLC, a
Colorado limited liability company,
managing general partner
"Gerald E. Engle, / Manager
i
The foregoing instrument was acknowledged before me this " day of -'-�V r- ,
1995 by Gerald E. Engle as Manager of Squaw Creek Development LLC, a Colorado limited
liability company, managing general partner of Cordillera Valley Club Investors Limited
Partnership, a Colorado limited partnership.
WITNESS my hand and official seal.
My commission expires Lj&'
7�AZP B Notary Public
•.
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2 of 3
574441 B -678 P -430 10/17/95 02:49P PG 5 OF 8
Grantee•
Holy. Cross Electric Association, Inc., a
Colorado CeeVeffk4*e� Corporation,
P.O. Drawer 2150
Glenwood Springs; Colorado 81602,
By:
State of Colorado )
)ss
County of FagAv Q944
The foregoing instrument was acknowledged before me this - day of J"1AW
1995 by 'h� 4 - enh Am , as Geri eieA j nig e of Holy Cross Association,
a Colorado corporation. n EIec�2 r'c
WITNESS my hand and official seal.
My commission expires �/- V 9 9
7(L
I P Ue No P blic
Al PR...... .��
[SEAL] VICKY i
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wEV�� o
OF Cam'
3 of 3
574441 B -678 P -430 10/17/95 02:49P PG 6 OF 8
C,
Secured Party:
FirstBank of Avon,
0011 West Beaver Boulevard,
Avon, Colorado 81620
C'71
By , _ r � L ='
James Thomason
Executive Vice President
State of Colorado
)ss
County of Eagle )
The foregoing instrument was acknowledged before me this day of
1995 by James Thomason as. Executive Vice President of Avon:
WITNESS my hand and official seal. ,
My commission expires
Notary Public
[SEAL]
4 of 3
574441 B -678 P -430 10/17/95 02:49P PG 7
OF 8
IC 1111 J Ir ,9 e--4 49C Q/G f
PROPERTY DESCRIPTION
A fifty foot wide strip of land lying within Tract H, Cordillera
Valley Club Fi. ing No. 1, and Tract V, Cordillera Valley Club
Flung No, 2, c%ccording to the Maps thereof recorded in the
office of the Eagle County, Colorado, Clerk and Recorder, said
strip tying twenty five feet on each side of the following
described centerline
Beginning at a point on the westerly line of said Tract H, said
point Toeing also on the westerly line of Section 31, Township 4
South, Range 82 Nest of the Sixth Principal Meridian, whence the
northwesterly corner of said Tract H bears N00'32'02'E 45,97
feet, and whence the southwest corner of said Section 31 bears
S00 1900.54 feet thence, departing said westerly line,
N62'40'25'E 72.16.feet to the common line between said Tract [I
and Tract VI thence, departing said common tine, N62'40'25'E
80.84 feet to the point of terminus.
The sidelines o f said strip are shortened or lengthened to
terminate at thi. west property line.
Date 1 - -0-04�' __ --
...........
O
:ALE: 1" 80'
TRACT V
1 O,S (FILING 2)
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Colorado P.L,S, 26598
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TRACT H (FILING 1)
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