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Home My WebLink AboutR11-120 I-70 Edwards Interchange CDOT Transfer Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011 - / 2-0 A RESOLUTION DESCRIBING PROPERTY TO BE TRANSFERRED TO CDOT AND TO BE ACQUIRED BY EAGLE COUNTY FOR THE 1 -70 EDWARDS INTERCHANGE UPGRADE PROJECT NUMBER IM 0702 -265 UNDER PROJECT CODE 15851 OF THE RIGHT OF WAY PLANS WHEREAS, the Eagle County Board of County Commissioners ( "Eagle County "), in conjunction with the Edwards Area Metropolitan Districts and the Colorado Department of Transportation (`CDOT "), developed and constructed round -a -bouts and other road improvements of the I -70G Spur Road between the intersection of Beard /Berry Creek Roads intersection and the Miller Ranch Road/ I -70G Spur Road intersection ( "Improvements "); and WHEREAS, acquiring right -of -way, permanent easements and temporary construction easements was necessary for construction and completion of said project; and WHEREAS, following construction of the Improvements, it is necessary for Eagle County to transfer portions of property to CDOT and CDOT to transfer portions of property to Eagle County to establish the appropriate ownership interest within the Right of Way plans to be deposited and accommodate the as -built locations of the Improvements; and WHEREAS, Eagle County is desirous of accepting the conveyance of a quit claim deed from CDOT for Parcel Numbers 27D and 27X. Said deed being necessary to replace in its entirety a prior deed between CDOT and Eagle County that was never recorded and the original deed misplaced; and WHEREAS, Eagle County is desirous of accepting the conveyance of a quit claim deed from CDOT for Parcel Number AC -28AX. Said parcel being necessary and for the purpose of expunging CDOT's existing recorded access control lines, by conveying their interest in the access control lines back to the County as the access control lines are no longer necessary as a result of the Improvements; and WHEREAS, Eagle County purchased certain properties to facilitate the construction of the Improvements. Both Eagle County and CDOT agree that these parcels are to be conveyed to CDOT upon completion of the Improvements. The parcels to be conveyed to CDOT from Eagle County by warranty deeds and special warranty deed are Parcel Numbers 102, AC -102, 105, AC -105, 110, AC -110, 111, AC -111, and AC -112. NOW, THEREFORE be it resolved by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT, it is necessary to acquire and convey title to the above - referenced properties for the completion of the Improvements. THAT, Eagle County hereby authorizes and accepts the conveyance of a quit claim deed from CDOT for Parcel Numbers 27D and 27X, in a form as shown on the attached Exhibit A incorporated herein by this reference. THAT, Eagle County hereby authorizes and accepts the conveyance of a quit claim deed from CDOT for Parcel Number AC -28AX, in a form as shown on the attached Exhibit B incorporated herein by this reference. THAT, Eagle County hereby authorizes the conveyance of warranty deeds to CDOT for Parcel Numbers 102, AC -102, 105, AC -105, 110, AC -110, 111, and AC -111, in a form as shown on the attached Exhibit C through F incorporated herein by this reference. THAT, Eagle County hereby authorizes the conveyance of a special warranty deed to CDOT for Parcel Number AC -112, in a form as shown on the attached Exhibit G incorporated herein by this reference. THAT, AC -112 shall not be transferred until such time Eagle County has received conveyance of Parcel Numbers 27D and 27X. THAT, the Chairman of the County Commissioners is directed to execute all deeds and record all documents necessary to effectuate the foregoing. THAT, Eagle County hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County C )nmissioners of the County of Eagle, State of Colorado, at its regular meeting held the �� day of 2011. COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its ATTEST: y." ✓- % OAR ► : COUNTY CO , MISSIONERS By: ti • •► # AC/ drAJA Teak J. Simonton , , • Jo tav ey, Cha .n Clerk to the Board of County Commissioners / Peter F. Runyon, Commissioner _ja.n .0,....- Sara J. Fisher, C missioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote as as follows: Commissioner, Jon Stavney / Commissioner, Peter F. Runyon /y, Commissioner, Sara J. Fisher 0 This Resolution passed by ,/0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. QUITCLAIM DEED THIS DEED, made this day of , 20_, between DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO of the City and County of Denver and State of Colorado, grantor(s), and THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, STATE OF COLORADO whose legal address is 500 Broadway, Eagle. CO. 81631 of the County of Eagle and State of Colorado, grantee(s), WITNESS, that the grantor(s), for and in consideration of the sum of ten dollars and NO /100th, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantee(s), its heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: SEE ATTACHED EXHIBIT "A" DATED March 20, 2009 for Project Number: IM 0702 -265 Parcel Number: 27D and 27X Project Code: 15851 SUBJECT TO ANY AND ALL EASEMENTS OF RECORD AND TO ANY AND ALL EXISTING UTILITIES AS CONSTRUCTED AND FOR THEIR MAINTENANCE AS NECESSARY. IN THE EVENT THE PROPERTY HEREIN CONVEYED FAILS TO BE USED FOR PUBLIC TRANSPORTATION PURPOSES, THEN THIS DEED SHALL REVERT TO THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO. THIS DEED IS PREPARED AND EXECUTED THIS DATE TO REPLACE IN ITS ENTIRETY A PRIOR DEED BETWEEN STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO AND EAGLE COUNTY, EXECUTED BY E.N. HAASE CHIEF ENGINEER FOR STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS STATE OF COLORADO ON DECEMBER 11, 1981. THE PRIOR DEED COULD NOT BE LOCATED IN THE EAGLE COUNTY, STATE OF COLORADO, CLERK AND RECORDER'S OFFICE. ONLY A UNRECORDED COPY OF THE PRIOR DEED AND A COPY OF THE RESOLUTION BY THE DIVISION OF HIGHWAY APPROVING THE CONVEYANCE WAS LOCATED BY THE DEPARTMENT OF TRANSPORTATION RECORDS. EAGLE COUNTY HAS NOT BEEN ABLE TO PRODUCE THE ORIGINAL DEED OR RESOLUTION. also known by street and number as: assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s) its heirs and assigns forever. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO Bernhardt K. Rasmussen Timothy J. Harris, P.E. Chief Clerk Chief Engineer STATE OF COLORADO City and County of Denver The foregoing instrument was acknowledged before me this day of , 20 , by Timothy J. Harris, P.E. as Chief Engineer and Bernhardt K. Rasmussen as Chief Clerk of Department of Transportation, State of Colorado. Witness my hand and official seal. My commission expires: Notary Public When Recorded Please Return To: Colorado Dept. of Transportation ATTN: ROW Manager 222 South 6 Street, Rm. 317 Grand Junction, CO 81501 Name and Address of Person Creating Newly Created Legal Description (§ 38 -35- 106.5, C.R.S.) EXHIBIT No. 933. Rev. 4 -94. QUITCLAIM DEED Page 1 of 2 EXHIBIT "A" PROJECT NUMBER: IM 0702-265 PARCEL NUMBER: Parcel 27 -D PROJECT CODE: DATE: March 20, 2009 DESCRIPTION 15851 A tract or parcel of land No. Parcel 27 -D (recorded at Reception No. 111179 in the Eagle County Clerk and Recorders Office) of the Department of Transportation, State of Colorado Project No. IM 0702 -265 containing 106,110 sq. ft (2.436 acres), more or less, in Section 5, Township 5 South, Range 82 West, of the 6 Principal Meridian, in Eagle County, Colorado, said tract or parcel being more particularly described as follows: Commencing at a point, whence the northeast comer of said Section 5 bears N. 83 °52'38" E., a distance of 1,363.80 feet, said point also being the TRUE POINT OF BEGINNING; 1. Thence N. 81 °55'38" E., a distance of 192.30 feet; 2. Thence on the arc of a curve to the right, a radius of 251.50 feet, a distance of 241.40 feet, (a chord bearing S. 70 °34'22" E., a distance of 232.24 feet); 3. Thence S. 43 °04'22" E., a distance of 841.40 feet; 4. Thence S. 69 °43'22" E., a distance of 360.90 feet; 5. Thence N. 02 °03'08" E., a distance of 12.70 feet; 6. Thence on the arc of a curve to the right, a radius of 533.00 feet, a distance of 324.60 feet, (a chord bearing N. 60 °31'22" W., a distance of 319.61 feet); 7. Thence N. 43 °04'22" W., a distance of 850.00 feet; 8. Thence on the arc of a curve to the left, a radks of 326.50 feet, a distance of 313.40 feet, (a chord bearing N. 70 °34'22" W., a distance of 301.51 feet); 9. Thence S. 81 °55'38" W., a distance of 178.70 feet; 10. Thence S. 02 °15'08" W., a distance of 76.20 feet, more or less, to the TRUE POINT OF BEGINNING. The above described parcel contains 106,110 sq. ft. (2.436 acres), more or less. Basis of Bearings: All bearings are based on a line between the east '4 corner of Section 5 a 3" aluminum cap stamped "Alpine Eng" and the northeast corner of Section 5 a BLM brass cap being N. 02 °03'08" E. The land in this deed is conveyed for public road purposes, If and when the land ceases to be used for this purpose, it shall immediately revert to the Grantor. ?, 1 44 ' rider For and • • • . half of j , ," G ` ' , w Colored • Department of Transpo • n Jackson E. Messenger, PIS 27272 7272 222 South 8'" Street � Grand Junction, Co 81501 2 t I.i PROJECT NUMBER: IM 0702 -265 PARCEL NUMBER: Parcel 27 -X PROJECT CODE: DATE: March 20, 2009 DESCRIPTION A tract or parcel of land No. Parcel 27 -X of the Department of Transportation, State of Colorado Project No. IM 0702 -265 containing 26,065 sq. ft. (0.598 acres), more or less, in Section 4 and Section 5, Township 5 North, Range 82 West, of the 6th Principal Meridian, in Eagle County, Colorado, said tract or parcel being more particularly described as follows: . Commencing at a point, whence the northeast comer of said Sectlon4 and 5 bears N. 02 °03'08" E., a distance of 999.30 feet, said point also being the TRUE POINT OF BEGINNING; 1. Thence N. 02 °03'08" E., a distance of 63.30 feet; 2. Thence N. 69 °43'22" W., a distance of 360.90 feet; 3. Thence S. 43 ° 04'22" E., a distance of 08.60 feet; 4. Thence on the arc of a curve to the left, a radius of 608.00 feet, a central angle of 36 °08'23 ", a distance of 383.50 feet, (a chord bearing S. 61 °08'31" E., a distance of 377.17 feet), more or less, to the TRUE POINT OF BEGINNING. The above described portion of the parcel contains 18,934 sq. ft. (0.435 acres), more or less. also Commencing at a point, whence the northeast comer of said Sections 4 and 5 bears N. 02 °03'08" E., a distance of 999.30 feet, said point also being the TRUE POINT OF BEGINNING; 1. Thence N. 02 °03'08" E., a distance of 63.30 feet; 2. Thence S. 69 °43'22" E., a distance of 163.60 feet; 3. Thence S. 79 °10'52" E., a distance of 56.90 feet; 4. Thence S. 84 °25'38" W., a distance of 39.00 feet; 5. Thence on the arc of a curve to the right, a radius of 608.00 feet, a central angle of 16°21'34 ", a distance 01173.60 feet, (a chord bearing N. 87°23'31" W., a distance of 173.01 feet), more or leas, to the TRUE POINT OF BEGINNING. The above described portion of the parcel contains 7,131 sq. ft. (0.164 acres), more or less. The above parcel contains 26065 sq. ft. (0.598 acres), more or less. Basis of Bearings: All bearings are based on a line between the east 'h comer of Section 5 a 3" aluminum cap stamped 'Alpine Eng" and the northeast comer of Section 5 a BLM brass cap being N. 02 °03'08" E. The land in this deed is conveyed for public road purposes, If and when the land ceases to be used for this purpose, it shall immediately revert to the Grantor. s For and o half of % 4 ,- g. ' ;, „ Colored Department of Tran .. 'i Ili Jackson E. Messenger, PLS 27272 ; 27272 i 222 South 8"' Street / 09 � Grand Junction, Co 81501 I F ■ %• QUITCLAIM DEED THIS DEED, made this day of , 20 , between DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO of the City and County of Denver and State of Colorado, grantor, and THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, STATE OF COLORADO whose legal address is 500 Broadway, P.O. Box 850, Eagle, Co 81631 grantee, WITNESS, that the grantor, for and in consideration of the sum of Ten Dollars and NO /100th, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in Eagle County, State of Colorado, described as follows: See Exhibit "B" dated August 3, 2011, attached hereto and incorporated herein by reference. Project No.: I- 70 -2(9) Parcel No.: AC -28AX (Access). also known by street and number as: N/A assessor's schedule or parcel number: N/A TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO Bernhardt K. Rasmussen Timothy J. Harris, P.E. Chief Clerk Chief Engineer STATE OF COLORADO City and County of Denver The foregoing instrument was acknowledged before me this day of , 20 , by Timothy J. Harris, P.E. as Chief Engineer and Bernhardt K. Rasmussen as Chief Clerk of Department of Transportation, State of Colorado. Witness my hand and official seal. My commission expires: Notary Public When Recorded Please Return To: Colorado Dept. of Transportation ATTN: ROW Manager 222 South 6 Street, Rm. 317 Grand Junction, CO 81501 Name and Address of Person Creating Newly Created Legal Description (§ 38 -35- 106.5, CRS.) EXHIBIT No. 933. Rev. 4 -94. QUITCLAIM DEED Page 1 of 2 EXHIBIT "B" PROJECT NUMBER: 1 70-2(9) PARCEL NUMBER: AC 28AX DATE: 8 /3/2011 ACCESS DESCRIPTION EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right -of -way of Interstate Highway 70, a freeway established according to the laws of the State of Colorado, and from and to any part of the real property of the Grantor in the Northwest 1/4 of Section 4, Township 5 South, Range 82 West, of the 6` Principal Meridian, in Eagle County, Colorado abutting upon said Highway, along and across the access lines, being a part of those lines described at reception number 110677 in the office of the Eagle County Clerk and Recorder, described as follows: 170 -2(9) AC 28AX Northerly Line (Proj. No.) (Parcel No.) Location of Line Beginning at a point, whence the northwest comer of said Northwest 1/4 of Section 4 bears N. 22 °24'36" W., a distance of 1,127.77 feet; 1. Thence S. 70 °22'00" E., a distance of 50.00 feet; also Beginning at a point, whence the Northwest corner of said Northwest 1/4 of Section 4 bears N. 25 °57'00" W., a distance of 1,198.90 feet; 1. Thence S. 70 °22'00" E., a distance of 101.66 feet; This conveyance is made to enlarge an access opening right of Station 573+ on Interstate Highway I -70, Project No. I 70 -2(9) as depicted on Interstate Highway 1 -70, Project No. IM 0702 -265. Basis of Bearings: All bearings are based on a line between the northwest comer of said Section 4 and the west 1 /4 corner of said Section 4 bearing S. O1 °24'30" W. as shown on the Right of Way Plans for Project No. I 70 -2(9), and are intended to match the deeds for the Highway Right of Way. p0 LIB Ar as prepared by Jackson E. ' o FS This description p P p Y / U �yo s� %op /l Messenger for and on behalf of the Colorado ` f Department of Transportation, 222 S. 6 Street, �� 0 27272 a °` Rm. 308, Grand Junction, Co 81501 WARRANTY DEED THIS DEED, dated, , between EAGLE COUNTY, COLORADO, A POLITICAL SUBDIVISION OF THE STATE OF COLORADO of the County of Eagle and State of Colorado, grantor, and DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, whose legal address is 4201 E. Arkansas Avenue, Denver, Co 80222 of the City and County of Denver and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: See Attached Exhibit "A" AND See Attached Exhibit "B" Access Description for: dated October 13, 2008 for: Parcel AC- 102 Project Number: IM 0702 -265 Project Number IM 0702 -265 Project Code: 15851 Project Code 15851 Parcel Number 102 also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except Excepting from the subject property described herein as Exhibit A, the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The grantor hereby covenants and agrees that the grantee shall forever have the right to take and use, without payment of further compensation to the grantor, any and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the grantor. The grantor further covenants and agrees that no exploration for, or development of any of the products, as described above, and owned by the grantor heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described as Exhibit A, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the grantor shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be binding upon the grantor and its heirs, personal and legal representatives, successors and assigns forever. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISIONERS By: Name: Jon Stavney Title: Chairman, Board of County Commissioners STATE OF COLORADO COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of 20 by Jon Stavney, Chairman of Board of County Commissioners of Eagle County, State of Colorado. Witness my hand and official seal. My commission expires: Notary Public Name and Address of Person Creating Newly Created Legal Description 038 -35- 106.5, C.R.S.) JEXHIBIT No. 932A. Rev. 4 -94. WARRANTY DEED (For Photographic Record) 1 Cp PROJECT NUMBER IM 0702 -265 PARCEL NUMBER 102 PROJECT CODE: 15851 DATE: October 13, 2008 DESCRIPTION A tract or parcel of land No. 102 of the Department of Transportation, State of Colorado, Project No. IM 0702 -265 containing 1,116 sq. ft. (0.026 acres), situated in Lot 97 Berry Creek Ranch Subdivision recorded in the Eagle County Clerk And Recorder's Office as Corrected Final Plat Berry Creek Ranch Filing No. 1 at reception number 179045 and being in the NW1 /4 Of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, said tract or parcel of land being more particularly described as follows: (the basis of bearing for this description is a bearing of NO2 between the west 1/4 corner of said Section 4, a 3' aluminum cap stamped 'Alpine Eng' found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Beginning at the southeasterly corner of said Lot 97, the TRUE POINT OF BEGINNING; 1. Thence along the southerly line of said Lot 97, also being along the northerly right- of-way of Interstate 70, N69•43'201W a distance of 97.66 fleet to a southerly corner of said Lot 97; 2. Thence leaving said northerly right-of-way along the westerly boundary of said Lot 97, along the arc of a non-tangent curve to the left having a radius of 167.30 feet and a central angle of 06'14'10", a distance of 18.21 feet (chord bears N06°03'431W 18.20 feet); 3. Thence leaving said westerly boundary along the arc ofa non - tangent curve to the right having a radius of 319.12 feet and a central angle of 19•17'59', a distance of 107.49 feet (chord bears S60•571.1'E 106.99 feet) to the TRUE POINT OF BEGINNING. The above described parcel containing 1,116 Sq. Ft. (0.026 Acres), more or less. to High Country E '� fig, Inc. ' r c, Frank W. Harri ny L S. too 9 ° : 1517 Blake Ave Smte101 Glenwood Spri :.'. j.01,6Q1 EXHIBIT "B" ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Interstate Highway No. 70, and from and to any part of the real property of the Grantor in the NW1 /4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, abutting along said highway, along or across the access line or lines described as follows: IM 0702 -265 AC 102 Northerly Line (The basis of bearing for this description is a bearing of NO2 °03'08 "E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the northwest corner of said Section 4; Thence S28 °08'15 "E a distance of 1,255.94 feet to a point on the northerly boundary of Parcel No. 102, the TRUE POINT OF BEGINNING; 1. Thence along said northerly boundary along the arc of a non - tangent curve to the right having a radius of 319.12 feet and a central angle of 03 °29'00 ", a distance of 19.40 feet (chord bears S53 °02'42 "E 19.40 feet) to a point on the northerly right -of -way of Interstate Highway No. 70, from whence said northwest corner of Section 4 bears N28 °31'18 "W a distance of 1,273.56 feet NO POINT OF ACCESS + + ++ o RED% T = ock 0 NAR ct .9 High Country Engineering, Inc. f z ? i Frank W. Harrington, P.L.S. No. 1959: a 19598 : 1517 Blake Avenue, Suite 101 1 Vs .% a`'13\ +� Glenwood Springs, CO 81601 z . LAW ,,+ WARRANTY DEED THIS DEED, dated, , between EAGLE COUNTY, A BODY POLITIC OF THE STATE OF COLORADO_ of the County of Eagle and State of Colorado, grantor, and DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, whose legal address is 4201 E. Arkansas Avenue, Denver, Co 80222 of the City and County of Denver and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: See Attached Exhibit "A" AND See Attached Exhibit "B" Access Description for: dated December 11, 2008 for: Parcel AC- 105 Project Number: IM 0702 -265 Project Number IM 0702 -265 Project Code: 15851 Project Code 15851 Parcel Number 105 also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except Excepting from the subject property described herein as Exhibit A, the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The grantor hereby covenants and agrees that the grantee shall forever have the right to take and use, without payment of further compensation to the grantor, any and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the grantor. The grantor further covenants and agrees that no exploration for, or development of any of the products, as described above, and owned by the grantor heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described as Exhibit A, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the grantor shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be binding upon the grantor and its heirs, personal and legal representatives, successors and assigns forever. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISIONERS By: Name: Jon Stavney Title: Chairman, Board of County Commissioners STATE OF COLORADO COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of , 20 by Jon Stavney, Chairman of Board of County Commissioners of Eagle County, State of Colorado. Witness my hand and official seal. My commission expires: Notary Public Name and Address of Person Creating Newly Created Legal Description 038 -35- 106.5, C.RS.) EXHIBIT No. 932A. Rev. 4 -94. WARRANTY DEED (For Photographic Record) EXHIBIT "A" PROJECT NUMBER: IM 0702 -265 PARCEL NUMBER: 105 PROJECT CODE: 15851 DATE: December 11, 2008 DESCRIPTION A tract or parcel of land No. 105 of the Department of Transportation, State of Colorado, Project No. IM 0702 -265 containing 1,459 sq. ft. (0.033 acres) situated in Tract B, Edwards Station Condominiums, a Resubdivision of Tract B, Edwards Station recorded in the Eagle County Clerk and Recorder's Office as reception number 743865 and being in the NW1 /4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, said tract or parcel of land being more particularly described as follows: (The basis of bearing for this description is a bearing of NO2 °03'08 "E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the northeasterly corner of said Tract B; Thence N82 °27'38"W a distance of 455.27 feet to a point on the easterly right -of -way of Edwards Access Road, the TRUE POINT OF BEGINNING; 1. Thence along said easterly right -of -way N26 °05'11 "E a distance of 60.75 feet to the northwesterly corner of said Tract B; 2. Thence leaving said easterly right -of -way S86 °07'19 "E along the southerly right - of -way of Interstate 70 a distance of 141.60 feet; 3. Thence continuing along said southerly right -of -way S69 °43'19 "E a distance of 3.02 feet; 4. Thence leaving said southerly right-of-way S89 °56'12"W a distance of 122.26 feet; 5. Thence S47 °57'03"W a distance of 65.40 feet to the TRUE POINT OF BEGINNING. The above described parcel containing 1,459 Sq. Ft. (0.033 Acres), more or less. ,/ .,r, + ta i 0 * DO FiE ° /s High Country Engineering, Inc. r o Frank W. Harrington, P.L.S. No. 1959: 19598 1517 Blake Avenue, Suite 101 ° a • 0 1 . Glenwood Springs, CO 81601 m «\�`Cl�j� o �At • LANp c' J -�•�� ,, /110 EXHIBIT `B" ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Interstate Highway No. 70, and from and to any part of the real property of the Grantor in the NW1 /4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, abutting along said highway, along or across the access line or lines described as follows: IM 0702 -265 AC 105 Southerly Line (The basis of bearing for this description is a bearing of NO2 °03'08 "E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the northeasterly corner of Tract B, Edwards Station Condominiums, a Resubdivision of Tract B, Edwards Station recorded in the Eagle County Clerk and Recorder's Office as reception number 743865; Thence N82 °27'38 "W a distance of 455.27 feet to a point on the easterly right -of -way of Edwards Access Road, the TRUE POINT OF BEGINNING; 1. Thence leaving said easterly right -of -way, N47 °57'03 "E a distance of 65.40 feet; 2. Thence N89 °56'12 "E a distance of 122.26 feet to a point on the southerly right -of -way of interstate 70. NO POINT OF ACCESS +se/ • ° J . �. . High Country Engineering, Inc. �. ° x 59 oy �= a Frank W. Harrington, P.L.S. No.195 19 ` 1517 Blake Avenue, Suite 101 �'o�.: �� \c i4 Glenwood Springs, CO 81601 = � ss '• •...... •• a 5 ,4 ' .., IC) NAL LAN ,,e, , WARRANTY DEED THIS DEED, dated, , between EAGLE COUNTY, A BODY POLITIC OF THE STATE OF COLORADO of the County of Eagle and State of Colorado, grantor, and DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, whose legal address is 4201 E. Arkansas Avenue, Denver, Co 80222 of the City and County of Denver and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: See Attached Exhibit "A" AND See Attached Exhibit `B" Access Description for: dated December 11, 2008 for: Parcel AC- 110 Project Number: IM 0702 -265 Project Number IM 0702 -265 Project Code: 15851 Project Code 15851 Parcel Number 110 also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except Excepting from the subject property described herein as Exhibit A, the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The grantor hereby covenants and agrees that the grantee shall forever have the right to take and use, without payment of further compensation to the grantor, any and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the grantor. The grantor further covenants and agrees that no exploration for, or development of any of the products, as described above, and owned by the grantor heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described as Exhibit A, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the grantor shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be binding upon the grantor and its heirs, personal and legal representatives, successors and assigns forever. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISIONERS By: Name: Jon Stavney Title: Chairman, Board of County Commissioners STATE OF COLORADO COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of , 20 by Jon Stavney, Chairman of Board of County Commissioners of Eagle County, State of Colorado. Witness my hand and official seal. My commission expires: Notary Public Name and Address of Person Creating Newly Created Legal Description 038 -35- 106.5, C.R.S.) EXHIBIT No. 932A. Rev. 4 -94. WARRANTY DEED (For Photographic Record) £ "A° PROJECT NUMBER : IM 0702 -265 PARCEL NUMBER: 110 PROJECT CODE: 15851 DATE: December 11, 2008 DESCRIPTION A tract or parcel of land No. 110 of the Department of Transportation, State of Colorado, Project No. IM 0702 -265 containing 70 sq. ft. (0.002 acres), situated in Parcel 2, Northstar Center Subdivision recorded in the Eagle County Clerk and Recorder's Office as reception number 584397 and being in Sections 4 and 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, said tract or parcel of land being more particularly described as follows: (The basis of bearing for this description is a bearing of NO2 °03'08 "E between the west 1/4 corner of said section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said section 4, a 1972 BLM brass cap found in place.) Commencing at the northwesterly corner of said Parcel 2; Thence S62 °44'40 "E a distance of 251.50 feet to a point on the northwesterly right -of -way of Edwards Access Road, the TRUE POINT OF BEGINNING; 1. Thence leaving said northwesterly right -of -way N16 °38'30 "E a distance of 30.56 feet to a point on the southerly right -of -way of Interstate 70; 2. Thence S69 °42'37 "E along said southerly right -of -way a distance of 4.56 feet; 3. Thence along said northwesterly right -of -way of Edwards Access Road S25 °11'23 "W a distance of 30.61 feet to the TRUE POINT OF BEGINNING. The above described parcel containing 70 Sq. Ft. (0.002 Acres), more or less. O C \ pD 0 R F Q 'z. 0 44 /emu <` High Country Engineering, Inc. t 1 Z : Frank W. Harrington, P.L.S. No. 19598 To w 1517 Blake Avenue, Suite 101 "o..** • Glenwood Springs, CO 81601 �� , < LArio s‘S EXHIBIT "B" ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Interstate Highway No. 70, and from and to any part of the real property of the Grantor in the NW1 /4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, abutting along said highway, along or across the access line or lines described as follows: IM 0702 -265 AC 110 Southerly Line (The basis of bearing for this description is a bearing of NO2 °03'08 "E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the northwesterly corner of Parcel 2, Northstar Center Subdivision recorded in the Eagle County Clerk and Recorder's Office as reception number 584397; Thence S62 °44'40 "E a distance of 251.50 feet to a point on the northwesterly right -of -way of Edwards Access Road, the TRUE POINT OF BEGINNING; 1. Thence leaving said northwesterly right -of -way N16 °38'30 "E a distance of 30.56 feet to a point on the southerly right -of -way of Interstate 70. NO POINT OF ACCESS „Y. 0 • 13 .. .. REQ ...... R " • ••,F` • N P' 444 S C% High Country Engineering, Inc. = r on P.L.S. No. C 1 95g8 gt 19598 , � • d Frank W. Harrington, 1517 Blake Avenue, Suite 101 � . rz \ x4,% i► Glenwood Springs, CO 81601 �., s rip' ••• ' �a 4 //1 tzigio) WARRANTY DEED THIS DEED, dated, , between THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY of the County of Eagle and State of Colorado, grantor, and DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, whose legal address is 4201 E. Arkansas Avenue, Denver, Co 80222 of the City and County of Denver and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: See Attached Exhibit "A" AND See Attached Exhibit `B" Access Description for: dated October 13, 2008 for: Parcel AC- 111 Project Number: IM 0702 -265 Project Number IM 0702 -265 Project Code: 15851 Project Code 15851 Parcel Number 111 also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except Excepting from the subject property described herein as Exhibit A , the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The grantor hereby covenants and agrees that the grantee shall forever have the right to take and use, without payment of further compensation to the grantor, any and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the grantor. The grantor further covenants and agrees that no exploration for, or development of any of the products, as described above, and owned by the grantor heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described as Exhibit A, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the grantor shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be binding upon the grantor and its heirs, personal and legal representatives, successors and assigns forever. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. THE BOARD OF COUNTY COMMISIONERS OF EAGLE COUNTY, STATE OF COLORADO By: Name: Jon Stavney Title: Chairman, Board of County Commissioners STATE OF COLORADO COUNTY OF EAGLE The foregoing instrument was acknowledged before me this day of , 20 by Jon Stavney, Chairman of Board of County Commissioners of Eagle County, State of Colorado. Witness my hand and official seal. My commission expires: Notary Public Name and Address of Person Creating Newly Created Legal Description 038 -35- 106.5, C.R.S.) EXHIBIT No. 932A. Rev. 4 -94. WARRANTY DEED (For Photographic Record) EXHIBIT "A" PROJECT NUMBER: IM 0702 -265 PARCEL NUMBER: 111 PROJECT CODE: 15851 DATE: October 13, 2008 DESCRIPTION A tract or parcel of land No. 111 of the Department of Transportation, State of Colorado, Project No. IM 0702 -265 containing 1,094 sq. & (0.025 acres), situated in Beard Creek Road and being in the NW1 /4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, said tract or parcel of land being more particularly described as follows: (The basis of bearing for this description is a bearing of NO2•03'08"E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said section 4, a 1972 BLM brass cap found in place.) Commencing at the southeasterly corner of Lot 97, Beny Creek Ranch Subdivision recorded in The Eagle County Clerk and Recorder's Office as Corrected Final Plat Beny Creek Ranch Filing No. 1 at reception number 179045, also being a point on the northerly right-of-way of Interstate 70; Thence N69 •43'20"W along said northerly right-of-way a distance of 97.66 feet to a southerly corner of said Lot 97; Thence continuing along said northerly right - of-way N69 °43'20•W a distance of 104.00 feet to the TRUE POINT OF BEGINNING; 1. Thence leaving said northerly right -of -way along the arc of a non - tangent curve to the right having a radius of 319.12 fleet and a central angle of 17°32'18", a distance of 97.68 Beet (chord bears S79•22'19 "E 97.30 feet) to a point on the southwesterly boundary of said Lot 97, being a point on the Beard Creek Road northeasterly right- of-way; 2. Thence along said southwesterly boundary of Lot 97 and along said Beard Creek Road northeasterly right -of -way, along the arc of a non - tangent curve to the right having a radius of 167.30 feet and a central angle of 06 °14'10", a distance of 1821 feet (chord bears S06 •03'43 "E 1820 feet) to said southerly comer of Lot 97; 3. Thence along said northerly right -of -way N69 °43'20"W a distance of 104.00 feet to the TRUE POINT OF BEGINNING. The above described parcel „a: 4:1: 1,094 Sq. Ft. (0.025 Acres), more or less. 7 4Y s, High Country FrankW Harringto s I!,Nd. 5 8 =: 1517 B l a k e A v e n u e , � . i 1011 \\ .- Glenwood Springs, C0':: $ 1 { mss t��. EXHIBIT "B" ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Interstate Highway No. 70, and from and to any part of the real property of the Grantor in the NW1 /4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, abutting along said highway, along or across the access line or lines described as follows: IM 0702 -265 AC 111 Northerly Line (The basis of bearing for this description is a bearing of NO2 °03'08 "E between the west 1/4 corner of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the northwest corner of said Section 4; Thence S21 °45'00 "E a distance of 1,129.71 feet to a point on the northerly right -of -way of Interstate No. 70, the TRUE POINT OF BEGINNING; 1. Thence leaving said northerly right -of -way of Interstate No. 70 along the northerly boundary of Parcel No. 111 along the arc of a non - tangent curve to the right having a radius of 319.12 feet and a central angle of 08 °05'42 ", a distance of 45.09 feet (chord bears S84 °05'37 "E 45.05 feet) to a point from whence said northwest corner of Section 4 bears N23 °44'11 "W a distance of 1,151.01 feet. NO POINT OF ACCESS i IF %IV 1 QP��.. RE C ' / ST «. High Country Engineerin: In 4' y 8 "z1 a Frank W. Harrington, P.L. % ijo,.�.95 :a` i a 1517 Blake Avenue, Suite `';,i' '•.,+4 \ -,\ �� .� Glenwood Springs, CO 816 i` , a' `ssONAC LA . '•••••- 5J ND ► + � � SPECIAL WARRANTY DEED THIS DEED, dated , between THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, STATE OF COLORADO of the County of Eagle. and State of Colorado grantor(s), and DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, whose legal address is 4201 E. Arkansas Avenue, Denver, CO 80222 of the City and County of Denver and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of One Dollar and other good and valuable consideration, DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee(s), its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: See Attached Exhibit "A" Access Description for: Parcel AC- 112 Project Number IM 0702 -265 Project Code 15851 also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), its heirs and assigns forever. The grantor(s), for itself, its heirs, personal representatives, successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s), its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISIONERS By: Name: Jon Stavney Title: Chairman, Board of County Commissioners STATE OF COLORADO County of EAGLE The foregoing instrument was acknowledged before me this day of 20 , by Jon Stavney, Chairman of Board of County Commissioners of Eagle County, State of Colorado. Witness my hand and official seal. My commission expires: Notary Public Name and Address of Person Creating Newly Created Legal Description ( §38 -35- 106.5, C.RS.) EXHIBIT No. 16. Rev. 4 -94. SPECIAL WARRANTY DEED Page 1 of 2 EXHIBIT "A" ACCESS DESCRIPTION EACH AND EVERY RIGHT OF ACCESS OF THE GRANTOR to and from any part of the right of way of Interstate Highway No. 70, and from and to any part of the real property of the Grantor in the NE1 /4 of Section 5, and the NW1 /4 of Section 4, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, abutting along said highway, along or across the access line or lines described as follows: IM 0702 -265 AC 112 Northerly Line (The basis of bearing for this description is a bearing of NO2°03'08 "E between the west 1/4 comer of said Section 4, a 3" aluminum cap stamped "Alpine Eng" found in place, and the northwest corner of said Section 4, a 1972 BLM brass cap found in place.) Commencing at the northeast corner of said Section 5, thence S12•14'54 "E a distance of 1,034.8 feet to a point on the northerly right -of -way of Interstate No. 70, the TRUE POINT OF BEGINNING; 1. Thence N79 °10'S0"W along said northerly right -of -way a distance of 44.50 2. Thence S84 °25'40"W continuing along said northerly right - of-way a distance of 39.00 feet; 3. Thence continuing along said northerly right-of-way along the arc of a curve to the right having a radius of 608.00 feet and a central angle of 16•2r24", a distance of 173.57 feet (chord bears N8r22'48"W 172.98 feet) to a point on the westerly line of said Section 4; 4. Thence continuing along said northerly right-of-way along the arc of said curve to the right having a radius of 608.00 feet and a central angle of 36°08'43; a distance of 383.56 feet (chord bears N61 °08'39"W 377.23 feet); 5. Thence continuing along said northerly right-of -way N43°04'20"W a distance of 8.60 feet to a point from whence said northeast corner of Section 5 bears N24 °39'36 "E a distance of 891.75 feet E (,;` , _ !OINZOF ACCESS High Country Engine 4 ' nc A Frank W. Harrington, No. 19598 �- 1517 Blake Avenue, Stu k81: . , . Glenwood Springs, CO 81601 ' ` .