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HomeMy WebLinkAboutR03-093 Dedication of Certain Lands to Facilitate the Expansion and Improvement of County Road S-13 El Jebel RoadC `\ ~ A Commissioner moved adoption of the following Resolution: BOARD OF COUNTY CONIM[SSIONEtt2S COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003-~ A RESOLUTION ACCEPTING THE DEDICA n~ION OF CERTAIN LANDS TO FACILITATE THE EXPANSION AN1D IMPROVEMENT OF COUNTY ROAD 5-13 (EL JEy3EL ROAD) File Number WHEREAS, Eagle County Road 5-13, also known as El Jebel Road, is an existing county road of Eagle County; and WHEREAS, the southerly terminus of El Jebel Road is at its intersection with Colorado State Highway 82 in the vicinity of El Jebel, Colorado; and WHEREAS, Eagle County's rights and obligations in connection with El Jebel Road as situate and in place maybe limited to those portions of El Jebel Road which have historically been used by the public and maintained by Eagle County for roadway purposes; and WHEREAS, it is in the interest of Eagle County and its residents to provide for the fu- ture expansion and improvement of El Jebel Road, in order to facilitate and promote safe and efficient access to properties served by El Jebel Road; and WI'lEREAS, the property owners adjoining existing County Road 5-13, El Jebel Road, along approximately the southerly one-half (1/2) mile of El Jebel Road, are Crawford Properties LLC ("Crawfords") and, as to the southwesterly portion of El Jebel Road, Kevin Tucker and Tammy J. Tucker ("Tuckers"), as the owners of the existing El Jebel Texaco PUD; and WHEREAS, Crawfords and Tuckers have tendered to Eagle County separate proposed forms of Deeds of Dedication (respectively, the "Crawford Deed of Dedication" and the "Tucker Deed of Dedication"), under which Crawfords and Tuckers would dedicate to Eagle County cer- tainportions of their respective properties, in order to enable and facilitate the future expansion and improvement of El Jebel Road, subject to the conditions set forth within said Deeds of Dedi- cation; and WHEREAS, the public road right-of--way to be dedicated. to Eagle County by each of Crawfords and Tuckers are more specifically set forth on the separate respective maps and legal descriptions attached as Exhibit A on each of the Crawford Deed of Dedication and the Tucker Deed of Dedication; and WHEREAS, true copies of the Crawford Deed of Dedication and the Tucker Deed of Dedication, including Exhibit A to each Deed of Dedication, are appended to this Resolution as Exhibit 1 and incorporated by this reference; and ~IIN~p IM~~II1I~AlAryl~~~1 eWi464»;±'..... • • WHEREAS, Tuckers and Blue Ridge LLC, a Colorado limited liability company owned and controlled by Tuckers, previously submitted an application for final plat approval for Blue Ridge PUD, a planned unit development of Eagle County, Eagle County File No. PDF-00035, located in the vicinity of El Jebel, Colorado; and WHEREAS, access to Blue Ridge PUD is by way of a road called Blue Ridge Lane, which intersects with El Jebel Road; and WHEREAS, in connection with the final plat application in Eagle County File No: PDF- 00035, the Eagle County Engineering Department recommended that the Blue Ridge PUD plat not be made final until the applicant has demonstrated that sufficient right-of--way on El Jebel Road can be obtained; and WHEREAS, the dedications reflected by the Crawford Deed of Dedication and Tucker Deed of Dedication, when accepted by Eagle County, create and establish sufficient right-of- way on El Jebel Road for all purposes applicable to Blue Ridge Lane and Blue Ridge PUD; and WHEREAS, certain roadway improvements in and to El Jebel Road in the vicinity of Blue Ridge Lane (the "Improvements") will be required in connection with the development of Blue Ridge PUD; and WHEREAS, engineering documentation submitted to the Eagle County Engineering De- partment indicates that a temporary construction easement along the easterly boundary and west- erlyboundary of El Jebel Road, each five (5) feet in width, in the vicinity of Blue Ridge Lane where the Improvements will be constructed, will facilitate efficient construction of the Im- provements and related construction activities; and WHEREAS, the Board has determined that the rights-of--way described in Exhibit 1 at- tached hereto and incorporated herein by this reference lie entirely within Eagle County, and not within the limits of any Town; and WHEREAS, pursuant to C.R.S. Section 43-2-201(1)(a), the Board is authorized to ac- cept dedications of lands for public road right-of--way; and WHEREAS, the Board has determined that it is in the public interest to accept the pro- posed dedications in order to facilitate the future expansion and improvement of El Jebel Road; NOW, THEREFORE be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: 1. THAT, the Crawford Deed of Dedication and the Tucker Deed of Dedication, in the form appended to hereto as Exhibit 1, are hereby approved and accepted by the Board of County Commissioners; and 2. THAT, the dedications of land pursuant to the Crawford Deed of Dedication and the Tucker Deed of Dedication, and approved and accepted hereby, are dedications to the public for public right-of--way, pursuant to C.R.S. Section 43-2-201(1)(a); and 846474 2 Page: 2 of 15 09/03/2003 02:54F Teak J Simonton Eagle, CO 370 R 0.00 D @.00 • • 3. THAT, the original executed Crawford Deed of Dedication and Tucker Deed of Dedica- tion shall be recorded in the office of the Eagle County Clerk and Recorder, and the Clerk and Recorder shall thereupon prepare a certificate showing the date of dedication and the lands so dedicated, to be filed with Eagle County Assessor, all in accordance with C.R.S. Section 43-2-201(1)(a); and 4. THAT, the conditions set forth in the Crawford Deed of Dedication and the Tucker Deed of Dedication are fair and reasonable, and are hereby approved and accepted; and 5. THAT, taken together, the Crativford Deed of Dedication and the Tucker Deed of Dedication meet and satisfy all requirements and conditions of Eagle County regarding sufficiency ofright-of--way on El Jebel Road to provide access to or from Blue Ridge Lane and Blue Ridge PUD, without exception or limitation, including all requirements or conditions related thereto previously asserted by the Eagle County Engineering Department in Eagle County File No. PDF-00035, or which could have been asserted. Such access is hereby deemed sufficient and adequate for all purposes. 6. THAT, in connection with the execution and recordation of the Crawford Deed of Dedi- cation and Tucker Deed of Dedication, Crawfords and Tuckers shall provide for atempo- raryconstruction easement along the easterly boundary and westerly boundary of El Jebel Road, each five (5) feet in width, in the vicinity of Blue Ridge Lane where the Improve- ments will be constructed, in order to facilitate efficient construction of Improvements and related construction activities. MOVED, READ AND ADOPTED by the Board of County Co ssioners of the Co ty of Eagle State of Colorado, at its regular meeting heldthe / day of 2003. COUNTY OF EAGLE, STATE OF o~ ~~~ ~®G COLORADO, by and Through Its ATTEST: ~ ~ BOARD OF COUNTY COMIVIISSIONERS ~ ~, towa•~ By: By: Teak J. Simon on Michael L. Gallagher, Ch ' Clerk to the Board of County Commissioners Tom C. Sto e, Co i ner nconi, Commissioner 3 II~IIIIII~~I~~1tlYINIV~ ~;'n 4.p~P.e. , ' ' ~ ~ Commissioner ~~~~ seconded adoption of the foregoing reso- lution. The roll having been called, the vote was as follows: Commissioner, Michael L. Gallagher Commissioner, Tom C. Stone Commissioner, Arn M. Menconi This Resolution passed bye _ vote of the Board of County Commissioners of the County of Eagle, State of Colorado IIA~II~~II~II~IY~II~I~I ~I64s:4=:~ 4 • • PLEASE PLACE RECORDING INFORMATION STICKER HERE DEED OF DEDICATION KEVIl~T TUCKER AND TAMMY J. TUCKER ("Grantors"), for consideration of Ten Dollars ($10.00) and other good and valuable consideration and subject to the conditions and limitations hereinafter set forth, hereby dedicate and set 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 dedicatedright-of--way is a part of the El Jebel Texaco Planned Unit Development ("El Jebel Texaco PUD") as described on Final Plat recorded in Book 632 at Page 738, Reception No. 528795, of the records of the Clerk and Recorder of Eagle County, Colorado. This dedication is expressly subject to the following conditions and limitations, to-wit: 1. The part of the El Jebel Texaco PUD upon which the dedicated right-of--way is situated is presently utilized for landscaping on the easterly boundary of the PUD, and is a portion of PUD property leased by Grantors to Wend Colorado Partnership pursuant to a Lease Agreement dated December 29, 1994, as reflected by a Memorandum of Lease recorded in the office of the Eagle County Clerk and Recorder on June 8,1995 in Book 668, at Page 957, Reception No. 564978. In consideration of the Grantors' dedication of the above-describedright-of--way, the Grantors shall have a license to maintain the trees, other vegetation, landscaping structures, irrigation system and appurtenances, and other structures or improvements currently existing within saidright-of--way until such time as Eagle County or other public authority elects to construct roadway improvements within such right-of--way, whereupon the County or other public authority intending to construct such roadway improvements shall give Grantors at least ninety (90) days prior written notice of such intention, during which period the Grantors may remove the trees, vegetation and other landscaping features from such right-of--way. Thereafter, if the Grantors have not removed the trees, vegetation and other landscaping features from the right-of--way, the County or other public authority constructing roadway improvements may remove and dispose of the same as a part of the construction proj ect, without cost to Grantors and without liability on the part of the County or other public authority. 2. During the course of construction of roadway improvements within suchright-of--way, the County or other public authority shall protect and preserve to the best of its ability, the landscaping irrigation system on the El Jebel Texaco PUD property in the vicinity of the right-of- way, and shall relocate or reconstruct, if necessary, any irrigation system, piping or other appurtenances to provide for a functioning irrigation system on the remainder of the landscaped property which is not a part of the dedicated right-of--way. 3. Neither the grant of the right-of--way hereinabove described nor the construction of 84474 ~xHi~ir Teak J Simonton Ea91e, CO 370 R 0.00 09903/D2000002.54F • • roadway improvements on or in connection therewith shall interfere with the continuous use of the parking and driveway areas currently existing on the El Jebel Texaco PUD property, or the business operations of Wend Colorado Partnership or other persons then conducting business at El Jebel Texaco PUD. 4. All setbacks, variances and approvals previously granted or approved in connection with El Jebel Texaco PUD shall remain in full force and effect. Neither Grantors nor any tenants at El ;Jebel Te~caco PUD shall be required to relocate, modify, amend, reconstruct or improve any existing parlCang area, driveway, structure or other improvement at El Jebrl Texaco PUD as a consequence of the right-of--way dedication provided for herein. 5. This Deed of Dedication is granted pursuant to C.R.S. §43-2-201(1)(x). 6. 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 on the day of , 2003. Kevin Tucker Tammy J. Tucker STATE OF COLORADO ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this day of 2003, by Kevin Tucker and Tammy J. Tucker. WITNESS my hand and official seal. My commission expires: Notary Public 1II~I'II1II~II~~N~~1 84p 4,«:4~:e.~ 2 • • ' MORTGAGEE'S CONSENT AND RELEASE The undersigned beneficiary of that certain Deed of Trust recorded in Book at Page in the records of the Clerk and Recorder of Eagle County, Colorado, hereby consents to the right-of--way dedication as hereinabove provided and releases the dedicated right-of--way area described on Exhibit "A" from the lien of said Deed of Trust, subj ect to and reserving the terminable license reserved by Grantors as hereinabove provided. Dated this day of , 2003. Type or print name of Mortgagee Signature of Authorized Officer/Agent Type or print name and office of signer STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2003, by as of WITNESS my hand and official seal. My commission expires: Notary Public A~~pIYI1NIN~IflIYNN~,Y~I~A~N n'sa~a 3 7-28-03; 2:60PM;SCHENK/KERST/DEWINTE, ~; . PLEASE PLACE RECORDING Il~TFORMATION STICKER HERE 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 dedicate and set apart as a public roadright- of-way that certain right-of-way described on Exhibit "A" attached hereto and incorporated herein by this reference, whichdedicatedright-of-way is situated in Lots 7, 9 and 15, Section 34, Township 7 South, Range 87 West and in Tracts 39, 43 and 46 of Section 3, Township 8 South, Range 87 West, all in 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. In consideration of the Grantor's dedication of the above-describedright-of-way, the Grantor shall have a license to maintain the structures and improvements currently existing within saidright-of-way, including but not limited to buildings, mobile homes, paved areas, driveways, ditches, pipes anal other utilities, until such time as Eagle County or other public authority elects to construct roadway improvements within such right-of-way, whereupon the County or other public authority intending to construct such roadway improvements shall give Grantor at least ninety (90) days prior written notice of such intention during which period the Grantor may remove all structures and other improvements from suchright-of-way. To the extent that any such mobile homes or other structures currently existing adjacent to such right of-way are not in compliance with minimum setback requirements as are now in existence or hereafter established, such existing mobile homes and structures shall be deemed to be existing non-conforming uses and may hereafter be replaced with a reasonably comparable mobile home or structure. For this purpose, a mobile or structure shall be deemed reasonably comparable even though it is wider or otherwise ~lazger than the replaced mobile home or structure, so long as it is not located closer to saidright-of--way. Notwithstanding the foregoing, any change of use will terminate the nonconformity. 2. Notwithstanding any contrary provision herein, the Grantor shall have a permanent license to maintain the water main lines and sewer main lines currently existing within the above- described right-of--way, which main lines aze owned by the Grantor and used in the operation of Grantor's private water and sewer systems. Grantor shall not be required to remove or relocate such main ~ lines in connection with the County or other public authority constructing roadway improvements withintheright-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 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. In the event and to the extent that 4 ~ 4 ~ ~ After recording return to: Schenk, K:wst ~ dewinter Page : 11 of 15 302 8th St., Ste. 310, Glenwood Springs. CO 81601 09/03/2003 02:54F Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 • • LESSEE'S CONSENT AND RELEASE The undersigned Lessee under that certain Lease Agreement dated December 29, 1994, as reflected by Memorandum of Lease recorded in Book 668 at Page 957, Reception No. 564978, in the records of the Clerk and Recorder of Eagle County, Colorado, hereby consents to the right-of--way dedication as hereinabove provided and releases the dedicatedright-of--way area described on Exhibit "A" from said Lease, subject to and reserving the terminable license reserved by Grantors as hereinabove provided. Lessee acknowledges that said dedication does not and will not cause a reduction or duninution in Lessee's leasehold interests, and that all other terms of the Lease, including Lessee's obligations to pay rent, shall remain in full -force and effect. Dated this day of , 2003. Wend Colorado Partnership Signature of Authorized Officer/Agent Type or print name and office of signer STATE OF ) COUNTY OF ~ ) ss. The foregoing instrument was acknowledged before me this 2003, by day of as of Wend Colorado Partnership. WITNESS my hand and official seal. My commission expires: Notary Public 4 • ~ ExrrrgrT A MAP 0.~` .E.L JE.,B.~'L ROAD .R.IG.~T- 0.~'---- WA Y Sri~ILrET 2 OF 2 PROPERTY D1c^SCRIPTION A TRACT OF LAND SITUATIs'D ON A ,PO,RTION OF THB EL JEBB'L T,LCXACO PLANN,L'D UNIT DB'NELOPMENT• AS !~8'CORD.I~'D TKE 16th DAY OA' JF'.(',B,RItARY, 1994 AS RECEPTION No. 628796 01' THB' EAGLE COUNTY R.~iCORDS; SAID TRACT OF LAND BB7NQ ALSO SITUATED IN TRACT 43 O,IF' S.E'CTlON 3. TOA°NS.RTP 8 SOUTH, RAJVG,~' 87 11'AST OF THE ,6th P. M. ANA IS d!ORE ,PARTICULARLY DB'SCRl.BL'A AS FOLLOIPS.• • BEGINNING AT A POINT ON TI~f.C B'XISTING WIs'S'TERLY J'il!'GIJT--OJ~IYAY OF EL JEWEL ,ROAD A'HENCE THE )PITN.L'SS COl~NB'R TO ANGLE POINT ~l1 OF TRACT 43 BEARS S. 45°31'44" ,E! $~ 30 FEB'T,• THENCE S.>D°05'30"B: ALONG SAID IPESTERLY RlQNl~-0,1~+-IYAY ?'3 q) FB'B~; THE1UCIc' CONTINUING ALONG SAID 1~'B'STERLY RIGHT OF-IY,QY 5.03°46'34"IY. 9'9:e?3 Fl,'B7' TO A ,POINT ON THB' NOI{THERLY RIG,I17'-OF-IYAY OF COLORADO STAT1~ XIGI~IPAY Nb, p2; THB'NCB' LEAVINQ SAID ~'~8'STERLY RIGHT-OF-IYAY OF ,EG d8'gEL ROAD 5.50°24'40"lY. ALONG SAID NORTHERLY RIGHT-OF-}YAY >9,5~' F,EB'T,• TH.J~NCE LEAVINf~ SAID NO.RTN.~"RLY RIGJY7i-OF 1PAY N.1q°,27'71"B: 73.61 FEET; TNENC!' N.06°58'06"iY. 91.21 ,1~',B'B~' TO THE POINT 0I' ,8.EICINNING. SAID TRACT OF LAND CONTAINING 6,28 SQUARE FEET, d~'JRB' OR .G,&'SS YIg1~I~NM~~FA~1~~~~~11~~UN ~wsa~a„w soP~u~ nvG~~cRrx~ - Lrc • ctvn aolhtsvurnrrrs iiui vu1.n~ nano, vL ~ anReo , aow~uo eie~a ~a, 704-0011 AOA•7n nA /AA /A7 Yl.rv. unl T~ nub s • ~xxr.~r~ A MAP O.F' EL J~'.BEl, .ROAD RIG~"~'-- O.F'- W A~ sx.~~r ~ o~ z , c~nN~uRV PRa~en~ Ltc RFC 6e2391 SCA-- LE: 1"720' ---~ ~VbZ PARlf/NG e ~` LyPAN~QY4p PRa~~n~ c~c REC ~z~ crcL~sPf sT D-~i' LLC J ~ SECnON J4 ~o rrn~ uc Ric sea3a~ --coNCRE~ ~, 1 FEivcF U _ eurtoiNc AEI ~/!~ ...i.... 6UlLD NG HI/1H ~ B 0 ~~ r., ®~ ® ~O1N~ ~~ a ~' ~ a0am POINT m '~ _ o~ - _ r ~ '~,°~ ~ -~ - U ,~. ~~ ' ~,.' Of ,~ -W - , e ~ .~ s -~-~ •.. ~o -_ E ••~ ~~ ~; N ' '\ ~ ~ m F RANGE 87 WEST RA GE 9 WEST - ~ ~ CONCRETE' ASPHALT S45°31 '~ OF BL'GINNIN~ ~ ~~ RFC 5.4~T85 N06°58'06"1~' ~~ z1-. ARE 628 S.F.f ° 0 ~ SFCnON 3 d~ PANFt71RA P1~APa4nE3 LLC R1EL" ~6QZJ8/ nE ro ~nv~ss coRN~ Ti7 ~ ANGLE POINT ,~l OF 1RACT 43 WITNESS CORNdi TU ANGLE ~ POINT ,~~ ACT 43 1 ,®b'30' yY LY14°27 " ~ ~ 7'7 z3 s o°z4'go"~ ~, . 19. b7' F. AAn7n nA /M /ns -~nrv~ uniT• n,..r 7-28-03; 2:bOPM;SCHENK/KERST/DEWINTE / ~ / U.~JY:JLYTV .. v• Grantor intends to replace any main water or sewer line which runs under and generally pazallel to the paved road surface within the right-of-way, Grantor shall relocate such main line outside of the paved road surface to allow future access to such main line for the purpose of connecting to, repairing and replacing the same without disturbing any paved road surface withintheright-of-way. In such event, the main line may be relocated outside of the paved portion of the right-of-way but withintheright-of--way, in which event Grantor shall have a permanent license to maintain such line as relocated within the right-of-way. 3. All existing driveway access points extending from theright-of-way to the Grantor's property shall be recognized and preserved without requiring Grantor to obtain additional permits therefor. 4. The road or street to be constructed within said dedicated public road 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 suchright- of-way shall not exceed twenty-five (25) feet. 5. This Deed of Dedication is granted pursuant to C.R.S. § 43-Z-201(1)(a). 6. The conditipns and limitations herein contained shall inure to the benefit of and be binding upon the Grantors and their heirs, successors and assigns. Executed the day of , 2003. CRAWFORD PROPERTIES LLC a Colorado limited liability company By Manager STATE OF COIARADO ) ss. COUNTY OF ) The foregoing instnunent was acknowledged before me this day of , 2003, by ~ , as Manager of Crawford Properties LLC. WITNESS my hand and official seal. My commission expires: Notary Public 846474 cgWn~movra~vr~u~~'-nw.rm Page : 12 of 15 09/03/2003 02:54F Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 7-28-03 ; 2: 50PM ; SCHENK/KERST/DEW I NTE ; y i ua•rac•r•ru .. ~- 1VIORTGAGEE'S_CONSENT ANI? RELEASE The undersigned beneficiary of that certain Deed of Trust recorded in Book at Page in the records of the Clerk and Recorder of Eagle County, Colorado, hereby consents to the right-of-way dedication as hereinabove provided and releases the dedicatedright-of-way area described on Exhibit "A" from the lien of said Deed of Trust, subject to and reserving the terminable license reserved by Grantor as hereinabove provided. Dated this day of , 2003. Type or paint name of Mortgagee Signature of Authorized Officer/Agent Typo or print name and office of signer STATE OF ) ss. COUNTY OF ) The foregoing instrlunent was acknowledged before me this day of , 2003, by , as of WI'T'NESS my hand and official seal. My commission expires: Notary Public ~NIN~~A~~~~~A~~~~~~~MI~~~~N ~'sa~a=~ After recording return to: Schenk, gerst & deWinter ~~a®p~.~N~~~ 302 8th St., Sta. 310, Glenwood Springs, CO 81601 r ~ PROPERTY DESCRIPTION RIGHT-OF-WAY FOR EL JEBEL RO~..D A PARCEL OF LAND SITUATED IN GOVT LOTS 7, 9 AN~9 15 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 87 WEST AND IN TRACTS 39, 43 AND 46 OF SECTION 3, TOWNSHII' 8 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; SAID RIGHT-OF- WAYBEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 34, A GLO BRASS CAP IN PLACE; THENCE N79°08'39"W A DISTANCE OF 1,189.40 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE EXISTING RIGHT-OF-WAY OF COUNTY ROAD NO.S-13 AS DESCRIBED IN RECEPTION N0.559149 OF THE EAGLE COUNTY CLERK AND RECORDER'S OFFICE, THE POINT OF BEGIlVNING; TI~NCE LEAVING SAID EXISTING RIGHT-OF-WAY 500°37'28"W A DISTANCE OF 2,538.75 FEET; THENCE 500°17'24"W A DISTANCE OF 675.10 FEET; THENCE 503°28'23"E A DISTANCE OF 161.43 FEET; TIIENCE 581°47'50"E 33.91 FEET; TI~NCE SOS°59'04"W 34.36 FEET; THENCE S11°14'09"E 27.78 FEET TO A POINT ON THE EXISTING RIGHT-OF-WAY FOR COLORADO STATE HIGHWAY N0.82; TI~NCE N45°25'44"W ALONG SAID EXISTING RIGHT-OF-WAY A DISTANCE OF 106.24 FEET TO THE SOUTHEAST CORNER OF THAT PROPERTY PREVIOUSLY DEDICATED TO EAGLE COUNTY ON THE EL TEBEL TEXACO P.U.D.; THENCE LEAVING SAID RIGHT-OF-WAY N10°07' 15"W ALONG SAID PREVIOUS COUNTY DEDICATION A DISTANCE OF 101.61 FEET; THENCE CONTINUING ALONG SAID PREVIOUS COUNTY DEDICATION N02°07'34"W A DISTANCE OF 76.09 FEET; 'THENCE CONTNIlVG ALONG SAID PREVIOUS COUNTY DEDICATION N72°53'29"W A DISTANCE OF 12.30 FEET TO THE NORTHEAST CORNER OF PARCEL A OF SAID EL JEBEL TEXACO P.U.D.; THENCE N10°35'39"W A DISTANCE OF 10.20 FEET; THENCE N00°17'24"E A DISTANCE OF 638.89 FEET; TI~NCE 589°53'11 "E A DISTANCE OF 5.00 FEET; THENCE N00°37'28"E A DISTANCE OF 2,538.75 FEET TO THE SOUTHWEST CORNER OF SAID EXISTING RIGHT-OF-WAY FOR COUNTY ROAD NO.5-13; THENCE S89°22'32"E ALONG SAID EXISTIlVG RIGHT-OF-WAY A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINING 4.714 ACRES, MORE OR LESS. 8447'4 ~apfl RE ~ Page: 14 of 15 ~~~ /ft ®` 09/@3/2003 02:54F ~ Teak J Simonton Eagle, CO 370 R 0.00 D 0.00 1 pn -n • \ `~\ ~ ~'~t~ §~~~~ lANO 1517 Blake Avenzre, Ste. 101 141nverness Drive East, Ste. 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