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HomeMy WebLinkAboutR95-125 releasing certain plat notes for Cordillera Valley Club Filing 3r5rnnmissioner moved adoption of o Reno uta.om : a• 1) • �M In JIME2 v • a• •l- ■ • REi;a,=CN NO. 95- /� • r •� a ■ s+ �- v ■ • WEEREAS, on October 17, 1995 the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "Board ") approved the final plat for Cordillera Valley Club Filing 3 (hereinafter "Filing 3 said plat is recorded in Book - IS and Page W in the records of the Eagle County Clerk ancL Recorder NEMMAS, a certain plat note appears on the final plat for Filing 3, which 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 WEREAS 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 TART, the certain plat note which appears on the final plat for Filing 3, 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. �a LA TAAT, this document shall be recorded in the Records of the Eagle County Clerk and Recorder, which shall be evidence that this plat note for Filing'3 is released. 574470 B -678 P -459 10/17/95 05:09P PG 1 OF 7 REG DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 MOVED, READ AND ADOPTED by the Board of County of the County of Eagle, State of Colorado, this October, 1995. ATTEST: By C o the Bo&rd o County Commissioners Commissioners day of GeoxVe A. Gates, Jr., Commissioner /Jbhmette P ips, Corrmissl ner Commissioner _ seconded adoption of the fore- going resolution e roll v ng been called, the vote was as follows: Commissioner Johnson Commissioner Gates Commissioner Phillips This Resolution passed by ._--6 vote of the Board of County Commissioners of the County o Eagle, State of Colorado. File no. 92 -16 COUN'T'Y OF EAGLE, STATE OF COLORADO, By and Through Its 8 9 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 !l� # day of ' .� 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. 1 of 4 EXHIBIT A, < r Consent of Secured Partv: 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 of `'.1 '-' , 1995. Grantor: State of Colorado ) )ss County of Eagle ) _ Cordillera Valley Club Investors Limited Partnership, a Colorado limited partnership, P.O. Box 988 Edwards, CO 81632 By: Squaw Creek Development LLC, a Colorado limited liability company, managing general partner ` E. Engle, Ma The foregoing instrument was acknowledged before me this ; "! day of SE1 `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 � JZa t �'� / ► -.`�� i =± (y MARY'•. Notary Public FWAL] =o v'c �' Q� 2 of 3 k og�00 Grantee: State of Colorado ) )ss County of ) QR4e The foregoing instrument was acknowledged before me this a day of 1995 by 41 4- 'A enh A m , as gen egA m A n A 5e2 of Holy Cross Association, Inc. a Colorado ceee"QUu� corporation. EI ec�R .'c WITNESS my hand and official seal. My commission expires �/- V 9 9 Ro�4 P blic ( .;7.7 " v e! [SEAL] �1CKY pEKM Q OF C�� Holy Cross Electric Association, Inc., a Colorado Coepefet*e Corporation, P.O. Drawer 2150 0 Glenwood Springs, Colorado 81602, 3 of 3 Secured Partv• FirstBank of Avon, 0011 West Beaver Boulevard, Avon, Colorado 81620 By: James Thomason Executive Vice President State of Colorado ) County of Eagle ) )ss 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 ' - i (, Notary Public ,te ° � •• �7.���s. [SEAL] 4 of 3 PROPERTY DESCRIPTION A fifty foot wide strip of land tying within Tract H, Cordillera Valley Club Fi.ing No. 1, and Tract V, Cordillera Valley Club Filing No. 2, according to the naps 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 centerlines Beginning at a point on the westerly line of said Tract H, said point toeing also on the westerly tine of Section 31, Township 4 South, Range 82 Nest of the Sixth Principal. Meridian, whence the northwesterly corner of said Tract H bears N00 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 72A6 feet to the common line between said Tract H and Tract V) thence, departing said common tine, N62'40'25'E 80,84 feet to the point of terminus. The sidelines of said strip are shortened or lengthened to terminate at the west property line, Date 1 - -11- T- _ - -- ALE: 1" = 80' UNPLATTED . C,S.L@. 0 �d g 3 0 N TRACT V 0.5 (FILING 2) 7 TRACT U S 78 E — 158.01 TRACT M (FILING 1) ./ - W11 ° ' Stan Ho - - - - - -- Colorado P,L,S, 26598