HomeMy WebLinkAboutC04-053 Crawford Properties_Correction Deed(01 CORRECTION DEED OF DEDICATION FOR CRAWFORD PROPERTIES, LLC dated January 15, 2004 Recorded February 2, 2004 at Reception Number 866763 and Re -Recorded February 9, 2004 at Reception Number 867310 THIS. RECORDING OF THE ABOVE DESCRIBED CORRECTION DEED OF DEDICATION CANCELS BOTH RECORDINGS AT RECEPTION NOS. 866763 AND 867310. 868835 Page: i of 6 Teak J Simonton Eagle, CO 151 R 0.00 02/24D 0 4:46P 00 PLEASE PLACE RECORDING INFORMATION STICKER HERE CORRECTION DEED OF DEDICATION CRAWFORD PROPERTIES LLC, a Colorado limited liability company ("Grantor"), for consideration of Ten Dollars ($10.00) and other good and valuable consideration and subject to the conditions and limitations hereinafter set forth, hereby dedicates and sets apart as a public road right- of-way that certain right-of-way described on Exhibit "A" attached hereto and incorporated herein by this reference, which dedicated right-of-way is situated in Tracts 39 and 48, Section 3, Township 8 South, Range 87 West of the 6th Principal Meridian, County of Eagle and State of Colorado. This dedication is expressly subject to the following conditions and limitations, to -wit: 1. This Deed is given to correct, replace and supersede in its entirety that certain Deed of Dedication (the "Prior Deed") from F. B. Crawford & Co. and J. A. Crawford & Co., the predecessor in interest to Crawford Properties LLC, recorded March 22, 1994, as Reception No. 531532 -in Book 635 at Page 478 of the records of the Clerk and Recorder of Eagle County, Colorado, which Prior Deed was never formally accepted by the Board of County Commissioners of Eagle County, Colorado. 2. By Grant of Temporary Easement from Crawford Properties I.LC to Kevin Tucker and Tammy Tucker dated October 12, 2002, and recorded as Reception No. 810625 in said Eagle County records, the Grantor granted a temporary easement pending the correction of the Prior Deed to conform to the survey of the existing location of Blue Ridge Lane which is reflected on Exhibit "A" to this Deed. Upon acceptance of this Correction Deed of Dedication by the Board of County Commissioners of Eagle County, Colorado, said Grant of Temporary Easement shall. expire and be of no further force and effect. 3. Notwithstanding any contrary provision herein and subject to the provisions of the Agreement Regarding Development Matters (the "2003 Agreement") dated September 2, 2003, and recorded September 3, 2003, as Reception No. 846478 of said Eagle County records, the Grantor shall have a permanent license to maintain any water lines and sewer lines existing within the above - described right-of-way, which lines are owned by the Grantor and used in the operation of Grantor's private water and sewer systems. Except as otherwise provided in the 2003 Agreement, Grantor shall not be required to remove or relocate such water and sewer lines in connection with the construction of roadway improvements within the right-of-way. In the event any utility line of Grantor located under a paved surface within the right-of-way requires repair, Grantor, or Grantor's contractor or representative, shall obtain any permit and post any collateral then required by the AFTER RECORDING RETURN TO: SCHENK, KERST & DEWINTER 302 8TH STy STE. 310, GLE1vWOOD SPRINGS, CO 81601 I�I IIIIII�IWI�III�I�WOI I� Page: 2 of 6 88835 County to cut the paved road surface to access such utility line; provided, however, the Grantor or Grantor's contractor or representative shall not be required to pay a fee for such permit. 4. All existing driveway access points extending from the right-of-way to the Grantor's property shall be recognized and preserved without requiring Grantor to obtain additional permits therefor. 5. The road or street to be constructed within the dedicated right-of-way will be classified by Eagle County or other governmental authority having zoning and land use jurisdiction of the adjoining properties to assure that the minimum building setback from such right-of-way shall not exceed twenty-five (25) feet. To the extent that any mobile homes or other structures currently existing adjacent to such right-of-way are not in compliance with existing or future minimum setback requirements, such existing mobile homes and structures shall be deemed to be existing non- conforming uses and any such mobile home or structure may hereafter be replaced with a mobile home or structure which is reasonably comparable. For this purpose, a mobile home or structure shall be deemed reasonably comparable even though it is wider or otherwise larger than the replaced mobile home or structure, so long as it is not located closer to said right-of-way. 6. This Deed of Dedication is granted pursuant to C.R.S. § 43-2-201(1)(a). 7. The conditions and limitations herein contained shall inure to the benefit of and be binding upon the Grantors and their heirs, successors and assigns. Executed the 15th day of January , 2004. CRAWFORD PROPERTIES LLC a Colorado limited liability company By Yr, - 2Z�_ �- Bonnie M. Williams, Manager By C, Adele E. Hubbell, Manager By Cf Noel J. Crawford, Manager II�II�III��IIIINII II Page:688.of 6 35...6P UDATAiq--& Sw ge&%MawW U-LOM OEDICAMONZmodmft y 1..S.ije..i 1p•i STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this 15th day of January , 2004, by Bonnie M. Williams, Adele E. Hubbell, and Noel J. Crawford as Managers of Crawford Properties LLC. WITNESS my hand and official seal. My commission expires: 1-0%31/2007 Notary Public ACCEPTANCE CA L.!-'�. :•140TARy • --.•+.ems 8LIC:0; :'9j,• The Board of County Commissioners of Eagle County, Colorado, hereby accepts the dedication of the Blue Ridge Lane right-of-way as granted by this Correction Deed of Dedication and hereby acknowledges and agrees that the prior Deed of Dedication and the Grant of Temporary Easement as hereinabove described are of no further force or effect. Dated this .....7 day of (5 �O VL-V RE 04. COUNTY OF EAGLE, STATE OF COLORADO, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS By XA44 / k VA-0v Chairman Pro Tem 868835 Page: 4 of 6 02/24/2004 04:46P Teak J Simonton Eagle, CO 151 R 0.00 D 0.00 AFTER RECORDING RETURN TO: SCHENK, KERST & DEWYNTER %TATAIUUeswmgedrCmwtxdLLCOUDDEDICA10N,Cmnatimmu 302 8TH ST.,--$TE:330i- 6LENFWOOD-SPIUNGSi-CO-&160-IL------ 2-20-04; 3:20PM;SchenKKerstQdew1nter ;970 948 2440 0 7/ 7 858835 Page: 5 of 6 02/24/2004 04:46P Teak J Simonton Eagle, CO iSi R 0.00 D 0.00 EXHIBIT MAP BLUE . RIDGE LANE RIGHT- OF- WA Y ACCESS EASEMENT SHEEP 1 OF 1 I II POINT OF EGIN NG S \ SHIP 7 SOUTH. RANGE 87 WES- SHIP 8 SOUTH. RANGE 88 WES- SA ��1 1,� FLOW LINE OORD PROPERTIES. -o �, OF DITCH REC 682391 c� 11 S 1 1 4 Call i "I 1 + -- WITNESS CORNER T4 ANGLE 4' ` POINT p TRACT 43 l , ti CENTERLINE OF 50' ACCESS EASEMENT25'-,► ' + . i 25' � t EXISTING + GRAVEL ROAD LJ SCALE: 1" = 100 . BLUE RIDGE P.U.D. A 50.00' ACCESS EASEMENT SITUATED 1N TRACT 39 & TRACT 48, SECTION 3, TOWNSHIP 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID EASEMENT BEING 25.00' TO EACH SIDE OF THE FOLLOWING DESCRIBED, CENTERLINE. - COMMENCING AT THE WITNESS CORNER TO ANGLE POINT #1, TRACT 43 (iMTH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF S 88'4624" E BETWEEN THE WITNESS CORNER TO A.P. #5, TRACT 39 AND A.P. #6, TRACT 39); THENCE N 087728" E 315.35 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE Ar* CI 1roC1 C^ A n AV nre•nnlnrn W 97 1 A T M^r%1 1t /ra1T nrnnnnl-n A !• rnr^r'V%71na 1 as- A I r J -7e. nr -n or BEING RELATIVE TO A BEARING OF S 85'48'24" E BETWEEN THE WI TNErq CORNER TO A.P. #50 TRACT 39 AND A.P. 16, TRACT 39); THEN N 08'2728" E 315.35 FEET TO A POINT*GE; ' HE EASTERLY RIGHT-OF-WAY LINE OF EL JFBEL ROAD AS DESvwdaEO IN. THAT DOCUMENT .RECORDED ASnON Na 846476 OF THE L�AGLE COUNTY RECORDS; THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE ALONG SAID ACCESS EASEMENT CENTERLINE THE FOLLOWING SEVEN (7) COURSES; 1: S 6876*42" E 85.56 FEET 2. 216.82 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 175.00 FEET AND A CENTRAL ANGLE OF 70'59'20" (CHORD BEARS N 52'57102" W 203.22 FEET) 3. S 17#2722" E 93.92 FEET 4. 36.28 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 04'09.'28" (CHORD BEARS N 15-22-38" W 36.27 FEET) 5. S 1317'54" E 273.33 FEET 6. 6a78 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 06'57'54" (CHORD BEARS S 16'46'51 " E 60.74 FEET) 7. S 2015'48" W 21.59 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF BLUE RIDGE PLANNED UNIT DEVELOPMENT, THE TERMINUS SAID 50 FOOT WIDE ACCESS EASEMENT -CONTAINING 0.905 ACRES, MORE OR LESS~ 98079 1 o% 0 888835 Page: 6 0f 6 Teak J Simonton Eagle, CO 02/24/2004 04:46P 151 R 0.00 D 0.00 1./ DISTR— ION Origi_ n_ a` is to. I. Contract Book 2. 3. 4, Copies to. t. Accounting