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Home My WebLink AboutR15-006 Acquisition of Property for Additional Right-of-Way for Cedar Drive Commissioner P---'"1,0.-c.-1 moved adoption of the following Resolution: RESOLUTION of the BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2015- 00 (9 AUTHORIZING ACQUISITION OF PROPERTY FOR USE AS ADDITIONAL RIGHT- OF-WAY FOR CEDAR DRIVE, EXEMPTING THE SUBDIVISION OF SAID PROPERTY FROM SUBDIVISION REGULATIONS AND AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THE CLOSING OF THE PROPERTY WHEREAS, the County of Eagle, State of Colorado (the "County") has negotiated the purchase of property for use as right-of-way for purposes of widening and improving the road known as Cedar Drive located in Eagle County, Colorado ("Cedar Drive"), as it passes through certain property owned by Hyrup Properties, LLC ("Hyrup"); and WHEREAS,Hyrup has agreed to sell to the County a portion of its property totaling 0.7767 acres(the"Property")as more particularly described on Exhibit A,attached hereto and incorporated p Y herein,for use by the County as additional right-of-way for Cedar Drive and to grant to the County a permanent easement totaling 0.0043 acres, as more particularly described on Exhibit B, attached hereto and incorporated herein for construction and maintenance of a culvert(the"Easement")and to grant the County a temporary easement totaling 0.2012 acres, as more particularly described on Exhibit C, attached here to and incorporated herein, for construction of improvements on Cedar Drive; and WHEREAS, Hyrup has executed a Memorandum of Agreement("MOA")memorializing the transaction and the willingness of the County to purchase said Property and pay for said Easements for the total sum of$13,921.00. A copy of the MOA is attached hereto as Exhibit D and incorporated herein by this reference; and WHEREAS, the closing on the acquisition of the Property is anticipated to take place in February 2015; and WHEREAS, the subdivision of the Property to be acquired by the County is in the best interest of the County, and it is not within the purpose of either the Colorado subdivision statutes or the Eagle County Subdivision Regulations; and NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Board hereby authorizes the acquisition of the Property and the Easements for use as additional right-of-way for Cedar Drive, for construction and maintenance of a culvert and for a temporary construction easement,as described herein and in the MOA attached hereto as Exhibit D. THAT the Board authorizes any Commissioner to execute on its behalf any and all necessary documents,instruments,papers or other forms necessary for the consummation of the acquisition of the Property and the right-of-way and the Easements described herein and on the attached Exhibit A- D. Such documents may include, but shall not be limited to, the Memorandum of Agreement, closing authorization and instructions, settlement statements, as well as any other necessary documents which in the opinion of staff are required or desirable. THAT the subdivision of the Property described at Exhibit A, and its conveyance to the County pursuant to the herein described transaction, shall be and is hereby exempt from the Eagle County Subdivision Regulations pursuant to C.R.S. 30-28-101(10)(d) and Section 5-270 A.1.a. of the Eagle County Land Use Regulations. THAT,the Board hereby finds,determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED,READ AND ADOPTED by the Board of C� j my Com issioners of the County of Eagle, State of Colorado, at its regular meeting held the � day of I�'��a4gf , 2015. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 2 COUNTY OF EAGLE, STATE OF COLORADO,by and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS 4 / Teak J. Simonton Kathy C fff dler-Henry Clerk to the Board of Chairman County Commissioners Jill'l.n H. Ryan mmissioner f / Panne McQueeny Commissioner CommissionerVI^''-QVu-4•c_sCdnded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Kathy Chandler-Henry VilA. '+ Commissioner Jillian H. Ryan r Commissioner Jeanne McQueeny V This Resolution passed by 3l fl vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 3 Exhibit A-Legal Description-Pagel of 3 EXHIBIT"A" PROJECT CODE: 18265 PROJECT NUMBER:SHO 0821-097 PARCEL NUMBER:RW-2 DATE:APRIL 16,2014 LEGAL DESCRIPTION A parcel of land No.RW-2 of the Eagle County,State of Colorado,Project Code 18265,Project Number SHO 0821-097,containing 33,832 square feet(0.7767 acres),more or less,situated entirely within that property described in the Special Warranty Deed recorded as Reception No.684466 in the Eagle County Clerk and Recorders Office(E.C.C.R.O.),also lying,for reference,in Tract 49,Township 8 South,Range 86 West of the 6th Principal Meridian,Eagle County,Colorado,said parcel of land being more particularly described as follows: Commencing at Angle Point No. 1 of said Tract 49,being monumented with a 1926 U.S.G.L.O. Brass Cap, thence S 13°52'18" E a distance of 2102.63 feet to a point on the west line of that property described in the Special Warranty Deed recorded as Reception No. 684466, the TRUE POINT OF BEGINNING: 1. Thence 1.55 feet along the arc of a curve to the left, having a radius of 173.37 feet, a central angle of 000°30'45",the chord of which bears N 42°44'06"E a distance of 1.55 feet 2. Thence N 42°28'43"E a distance of 18.93 feet; 3. Thence 56.44 feet along the arc of a curve to the left, having a radius of 186.98 feet, a central angle of 017°17'44",the chord of which bears N 33°49'51"E,a distance of 56.23 feet 4. Thence N 25°10'59"E a distance of 46.06 feet; 5. Thence 118.01 feet along the arc of a curve to the right,having a radius of 228.43 feet,a central angle of 029°36'01",the chord of which bears N 39°59'00"E,a distance of 116.71 feet 6. Thence N 54°47'00"E a distance of 9.09 feet; 7. Thence 69.20 feet along the arc of a curve to the left, having a radius of 83.87 feet, a central angle of 047°16'30",the chord of which bears N 31°08'45"E,a distance of 67.26 feet 8. Thence N 07°30'30"E a distance of 76.65 feet; 9. Thence 77.61 feet along the arc of a curve to the right,having a radius of 113.25 feet, a central angle of 039°16'04",the chord of which bears N 27°08'32"E,a distance of 76.10 feet 10.Thence N 46°46'34"E a distance of 30.60 feet; 11.Thence 51.40 feet along the arc of a curve to the left, having a radius of 211.04 feet, a central angle of 013°57'20",the chord of which bears N 39°47'54"E,a distance of 51.28 feet 12.Thence N 32°49'14"E a distance of 34.84 feet; 13.Thence 29.93 feet along the arc of a curve to the right,having a radius of 320.00 feet, a central angle of 005°21'30",the chord of which bears N 35°29'59"E,a distance of 29.92 feet 14.Thence N 38°10'44"E a distance of 82.34 feet; Exhibit A-Legal Description-Page2 of 3 15.Thence 64.63 feet along the arc of a curve to the right, having a radius of 116.87 feet, a central angle of 031°41'00",the chord of which bears N 54°01'15"E,a distance of 63.81 feet 16.Thence N 69°51'45"E a distance of 9.55 feet; 17.Thence 25.29 feet along the arc of a curve to the left, having a radius of 24.55 feet, a central angle of 059°01'16",the chord of which bears N 40°21'07"E,a distance of 24.19 feet 18.Thence N 10°50'29"E a distance of 30.24 feet; 19.Thence 43.15 feet along the arc of a curve to the right,having a radius of 101.01 feet, a central angle of 024°28'24",the chord of which bears N 23°04'41"E,a distance of 42.82 feet to a point on the east line of said Tract 49,from which the Angle Point No. 1 of Tract 49 bears N 01°33'47" E a distance of 1335.36 feet; 20.Thence S 01°33'47"W along the east line of Tract 49 a distance of 112.18 feet to a point from which Angle Point No.4 of said Tract 49 bears S 01°33'47"W a distance of 3938.99 feet; 21.Thence 25.08 feet along the arc of a non-tangent curve to the right,having a radius of 64.55 feet, a central angle of 022°15'34",the chord of which bears S 58°43'58"W a distance of 24.92 feet 22.Thence S 69°51'45"W a distance of 9.55 feet; 23.Thence 42.51 feet along the arc of a curve to the left, having a radius of 76.87 feet, a central angle of 031°41'00",the chord of which bears S 54°01'15"W,a distance of 41.97 feet 24.Thence S 38°10'44"W a distance of 82.34 feet; 25.Thence 26.19 feet along the arc of a curve to the left, having a radius of 280.00 feet, a central angle of 005°21'30",the chord of which bears S 35°29'59"W,a distance of 26.18 feet 26.Thence S 32°49'14"W a distance of 34.84 feet; 27.Thence 61.15 feet along the arc of a curve to the right,having a radius of 251.04 feet, a central angle of 013°57'20",the chord of which bears S 39°47'54"W,a distance of 61.00 feet 28.Thence S 46°46'34"W a distance of 30.60 feet; 29.Thence 50.20 feet along the arc of a curve to the left, having a radius of 73.25 feet, a central angle of 039°16'04",the chord of which bears S 27°08'32"W,a distance of 49.22 feet 30.Thence S 07°30'30"W a distance of 76.65 feet; 31.Thence 102.21 feet along the arc of a curve to the right,having a radius of 123.87 feet,a central angle of 047°16'30",the chord of which bears S 31°08'45"W,a distance of 99.33 feet 32.Thence S 54°47'00"W a distance of 9.09 feet; 33.Thence 97.35 feet along the arc of a curve to the left, having a radius of 188.43 feet, a central angle of 029°36'01",the chord of which bears S 39°59'00"W,a distance of 96.27 feet 34.Thence S 25°10'59"W a distance of 46.06 feet; 35.Thence 68.52 feet along the arc of a curve to the right,having a radius of 226.98 feet, a central angle of 017°17'44",the chord of which bears S 33°49'51"W,a distance of 68.26 feet 36.Thence S 42°28'43"W a distance of 18.93 feet; 37.Thence 41.12 feet along the arc of a curve to the right,having a radius of 213.37 feet, a central angle of 011°02'34",the chord of which bears S 48°00'00"W,a distance of 41.06 feet to a point on the west line of that property described in the Special Warranty Deed recorded as Reception No.684466 Exhibit A-Legal Description-Page3 of 3 38.Thence N 00°02'32"W a distance of 53.35 feet to the to the POINT OF BEGINNING. The above described parcel contains 33,832 square feet (0.7767 acres), more or less, of which 10,298 square feet(0.2364 acres)are in the right-of-way of the existing road. Basis of Bearings:All bearings are based on a bearing of North 01°33'47"East a distance of 5386.54 feet between Angle Point No.4 and Angle Point No.1 of tract 49,Township 8 South Range 86 West,both being 1926 G.L.O.Brass Caps. For and on Behalf of SGM Inc. �PD° �CF, and Eagle County kir ��o�. Robert E.Brandeberry,PLS 38388 •_ e A;.. - 118 Sixth Street,Suite 200 = 'Oa 38388 <: Glenwood Springs,CO 81601 1/22/15/a �%,p141*L Ally II Exhibit B-Permanent Easement-Pagel of 1 EXHIBIT"A" PROJECT CODE: 18265 PROJECT NUMBER:SHO 0821-097 PERMANENT EASEMENT NUMBER: DE-2 DATE: MARCH 5,2014 LEGAL DESCRIPTION A Permanent Easement No.DE-2 of Eagle County,State of Colorado,Project Code 18265, Project Number SHO 0821-097,containing 188 square feet(0.0043 acres),more or less,situated entirely within that property described in the Special Warranty Deed recorded as Reception No.684466 in the Eagle County Clerk and Recorders Office(E.C.C.R.O.),also lying,for reference,in Tract 49, Township 8 South,Range 86 West of the 6th Principal Meridian,Eagle County,Colorado,said permanent easement being more particularly described as follows: Commencing at Angle Point No. 1 of Tract 49 being monumented with a 1926 G.L.O. Brass Cap,thence S 09°31'00"W a distance of 1880.76 feet to the TRUE POINT OF BEGINNING: 1. Thence S 51°55'52"E a distance of 18.82 feet; 2. Thence N 38°04'08"E a distance of 10.00 feet; 3. Thence.N 51°55'52"W a distance of 18.82 feet; 4. Thence 10.00 feet along the arc of a non-tangent cure to the right,having a radius of 123.87 feet, a central angle of 04°37'36",the chord of which bears S 38°04'08"W a distance of 10.00 feet to the TRUE POINT OF BEGINNING. The above described Parcel contains 188 square feet(0.0043 acres),more or less. The purpose of the above described Permanent Easement is for the construction and maintenance of a culvert. Basis of Bearings:All bearings are based on a bearing of North 01°33'47"East a distance of 5386.54 feet between Angle Point No.4 and Angle Point No.1 of Tract 49,Township 8 South Range 86 West,both being 1926 G.L.O.Brass Caps. For and on Behalf of SGM Inc. ,�� ''s a• Ts and Eagle County Robert E.Brandebeny,PLS 38388 5 ;o° 38388 Ac. AFr 118 Sixth Street,Suite 200 Glenwood Springs,CO 81601 ``d'•' .,••••.• �J ��y�fL LAN�SJ Exhibit C-Temporary Easement-Pagel of 3 EXHIBIT"A" PROJECT CODE: 18265 PROJECT NUMBER:SHO 0821-097 TEMPORARY EASEMENT NUMBER:TE-2 DATE:MARCH 5,2014 LEGAL DESCRIPTION A Temporary Easement No.TE-2 of the Eagle County,State of Colorado,Project Code 18265, Project Number SHO 0821-097,containing 8,765 square feet(0.2012 acres),more or less,situated entirely within that property described in the Special Warranty Deed recorded as Reception No.684466 in the Eagle County Clerk and Recorders Office(E.C.C.R.O.),also lying,for reference,in Tract 49, Township 8 South,Range 86 West of the 6th Principal Meridian,Eagle County,Colorado,said temporary easement being more particularly described as follows: Commencing at Angle Point No. 1 of said Tract 49,being monumented with a 1926 U.S.G.L.O. Brass Cap, thence S 13°52'18" E a distance of 2102.63 feet to a point on the west line of that property described in the Special Warranty Deed recorded as Reception No. 684466, the TRUE POINT OF BEGINNING: 1. Thence N 00°02'32"W a distance of 14.79 feet; 2. Thence N 42°28'43"E a distance of 9.58 feet; 3. Thence 53.42 feet along the arc of a curve to the left, having a radius of 176.98 feet, a central angle of 017°17'44",the chord of which bears N 33°49'51"E,a distance of 53.22 feet 4. Thence N 25°10'59"E a distance of 46.06 feet; 5. Thence 123.18 feet along the arc of a curve to the right,having a radius of 238.43 feet,a central angle of 029°36'01",the chord of which bears N 39°59'00"E,a distance of 121.82 feet 6. Thence N 54°47'00"E a distance of 9.09 feet; 7. Thence 60.95 feet along the arc of a curve to the left, having a radius of 73.87 feet, a central angle of 047°16'30",the chord of which bears N 31°08'45"E,a distance of 59.24 feet 8. Thence N 07°30'30"E a distance of 76.65 feet; 9. Thence 84.47 feet along the arc of a curve to the right,having a radius of 123.25 feet, a central angle of 039°16'04",the chord of which bears N 27°08'32"E,a distance of 82.82 feet 10.Thence N 46°46'34"E a distance of 30.60 feet; 11.Thence 48.97 feet along the arc of a curve to the left, having a radius of 201.04 feet, a central angle of 013°57'20",the chord of which bears N 39°47'54"E,a distance of 48.85 feet 12.Thence N 32°49'14"E a distance of 34.84 feet; 13.Thence 30.86 feet along the arc of a curve to the right,having a radius of 330.00 feet, a central angle of 005°21'30",the chord of which bears N 35°29'59"E,a distance of 30.85 feet 14.Thence N 38°10'44"E a distance of 82.34 feet; 15.Thence 70.16 feet along the arc of a curve to the right,having a radius of 126.87 feet, a central angle of 031°41'00",the chord of which bears N 54°01'15"E,a distance of 69.27 feet Exhibit C-Temporary Easement-Page2 of 3 16.Thence N 69°51'45"E a distance of 9.55 feet; 17.Thence 14.99 feet along the arc of a curve to the left, having a radius of 14.55 feet, a central angle of 059°01'16",the chord of which bears N 40°21'07"E,a distance of 14.34 feet 18.Thence N 10°50'29"E a distance of 30.24 feet; 19.Thence 61.15 feet along the arc of a curve to the right,having a radius of 111.01 feet, a central angle of 031°33'37",the chord of which bears N 26°37'17"E,a distance of 60.38 feet to a point on the east line of said Tract 49,from which Angle Point No. 1 of Tract 49 bears N 01°33'47"E a distance of 1318.89 feet; 20.Thence S 01°33'47"W along the east line of Tract 49 a distance of 16.47 feet to a point from which Angle Point No.4 of Tract 49 bears S 01°33'47"W a distance of 4051.17 feet; 21.Thence 43.15 feet along the arc of a non-tangent curve to the left,having a radius of 101.01 feet, a central angle of 024°28'24",the chord of which bears S 23°04'41"W a distance of 42.82 feet 22.Thence S 10°50'29"W a distance of 30.24 feet; 23.Thence 25.29 feet along the arc of a curve to the right, having a radius of 24.55 feet, a central angle of 059°01'16",the chord of which bears S 40°21'07"W,a distance of 24.19 feet 24.Thence S 69°51'45"W a distance of 9.55 feet; 25.Thence 64.63 feet along the arc of a curve to the left, having a radius of 116.87 feet, a central angle of 031°41'00",the chord of which bears S 54°01'15"W,a distance of 63.81 feet 26.Thence S 38°10'44"W a distance of 82.34 feet; 27.Thence 29.93 feet along the arc of a curve to the left, having a radius of 320.00 feet, a central angle of 005°21'30",the chord of which bears S 35°29'59"W,a distance of 29.92 feet 28.Thence S 32°49'14"W a distance of 34.84 feet; 29.Thence 51.40 feet along the arc of a curve to the right,having a radius of 211.04 feet, a central angle of 013°57'20",the chord of which bears S 39°47'54"W,a distance of 51.28 feet 30.Thence S 46°46'34"W a distance of 30.60 feet; 31.Thence 77.61 feet along the arc of a curve to the left, having a radius of 113.25 feet, a central angle of 039°16'04",the chord of which bears S 27°08'32"W,a distance of 76.10 feet 32.Thence S 07°30'30"W a distance of 76.65 feet; 33.Thence 69.20 feet along the arc of a curve to the right, having a radius of 83.87 feet, a central angle of 047°16'30",the chord of which bears S 31°08'45"W,a distance of 67.26 feet 34.Thence S 54°47'00"W a distance of 9.09 feet; 35.Thence 118.01 feet along the arc of a curve to the left,having a radius of 228.43 feet, a central angle of 029°36'01",the chord of which bears S 39°59'00"W,a distance of 116.71 feet 36.Thence S 25°10'59"W a distance of 46.06 feet; 37.Thence 56.44 feet along the arc of a curve to the right,having a radius of 186.98 feet, a central angle of 017°17'44",the chord of which bears S 33°49'51"W,a distance of 56.23 feet 38.Thence S 42°28'43"W a distance of 18.93 feet; Exhibit C-Temporary Easement-Page3 of 3 39.Thence 1.55 feet along the arc of a curve to the right,having a radius of 173.37 feet, a central angle of 000°30'45", the chord of which bears S 42°44'06"W, a distance of 1.55 feet to the POINT OF BEGINNING. The above described parcel contains 8765 square feet(0.2012 acres) more or less. The purpose of the above described Temporary Easement is the construction of Cedar Drive Road improvements. Basis of Bearings:All bearings are based on a bearing of North 01°33'47"East a distance of 5386.54 feet between Angle Point No.4 and Angle Point No.1 of Tract 49,Township 8 South Range 86 West,both being 1926 G.L.O.Brass Caps. For and on Behalf of SGM Inc. 0x04 and Eagle County '1�� '-•°R•NO•• ,. Robert E.Brandeberry,PLS 38388 = :m a: 118 Sixth Street,Suite 200 IC /2 2/ : o. 1/22/15; Glenwood Springs,CO 81601 ; F••. •J� ........ L AN4S��• Exhibit D-MOA-Page 1 of 12 COLORADO DEPARTMENT OF TRANSPORTATION Project Code(SA): 18265 Parcel No:RW-2.DE-2.TE-2 MEMORANDUM OF AGREEMENT Project No: SH00821-097 (Local Public Agency) Location: Cedar Drive,Basalt,CO County:Eagle State Highway No: This agreement made on(date) is between the EAGLE COUNTY(GRANTEE)for the purchase of the parcel(s)listed above from the Owner(s) HYRUP PROPERTIES,LLC (GRANTOR). Just compensation was determined by an appropriate valuation procedure prepared in accordance with Colorado state laws and regulations.The amount of money and/or compensation listed below is full consideration for the following land,easements, improvements,and damages of any kind. Land(described in attached exhibits) 0.7767 Sq.ft❑/acres►Z1 $971-86--1-6 1./,'$32.06 Permanent and Slope Easements(described in attached 00043 Sq.ft❑!acres® $643-69 4-fe.00 Ai exhibits) Temporary Easements(described in attached exhibits) 0.2012 Sq.ft❑/acres® $.x4e4 i,3411•00 Improvements $0 Damages $0 Gross Total $9759'21'93' 13, 1.00 Less Credit $0 Net Total $9.696,440(Rd) (3,pa 1.00 Other conditions:The temporary easement will become effective upon the date of entry for construction.The easement will remain in effect during construction and shall terminate 30 days after the conclusion of construction and in any event no later than I year after the start of construction.The temporary easement will not be recorded with the County Clerk and Recorder The GRANTOR: Prorttcd 1)Will, at the closing, pay all'taxes(including prorated taxes for the current year)and special assessments for the current year; 2) Has entered into this agreement only because the GRANTEE has the power of eminent domain and requires the property for public purposes; • 4)Will execute and deliver to GRANTEE those documents indicated below; 5) Excepts from the subject property described herein in the attached Exhibits,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; and 6)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 in the attached Exhibits,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. CDOT Form#783 2/09 Exhibit D-MOA-Page 2 of 12 NOTE: : e- ; • •• - _ -_ - rii The GRANTEE: 1)Will be entitled to specific performance of this agreement upon tender of the agreed consideration; t,.{toov__ 3)Will make payment a€te€"receiv igg acceptable conveyance instruments from the GRANTOR; 91 4)Will take possession and use of the parcel(s)when it deposits the consideration, as set forth above, into an escrow account for the benefit of the GRANTOR,or when GRANTEE disburses funds to GRANTOR. Transfer of title to the parcel(s) shall occur upon performance of any and all terms under this agreement, and release of the payment from escrow to the GRANTOR, unless other arrangements are made that follow Title Ill of the. Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended;and 5)Will prepare the following documents: ►I1 Otrrera1-Warraety Deed ❑ Utility Easement ❑ Access Deed ® Permanent Easement ❑ Full Release(s) Book/Page: ❑ Slope Easement ❑ Partial Release(s) Book/Page: Temporary Easement ❑ Or(specify) ❑ Title Company to prepare documents except Order Warrant$9.,60€44 rA V.I.00 Payable to: HYRt3P PROPERTIES,LLC Rig Order Warrant$ Payable to: Real Estate Specialist GRANTOR sisignature Lt�r< Attach form W-9 (tjA__ bg.: Alm -16-•(VI 1411 GliiAttf-V" GRANTOR(if applicable) Local Public Agency Approval GRANTEE signature cc:LPA(original) Property Owner COOT Region ROW Office COOT Form#783 2/09 Editions prior to 2/09 are obsolete and may not be used Page 2 of 2 Exhibit D-MOA-Page 3 of 12 EAGLE COUNTY REAL PROPERTY TO BE ACQUIRED Number:RW-2 ?31-1 >'ares_i FROM Hyrup Properties.LLC 69 Rampart Parachute,CO 81635 FOR Project Code:18265 Project Number:SHO 0821-097 Location:Basalt.CO Cedar Drive Exhibit D-MOA-Page 4 of 12 EXHIBIT"A" PROJECT CODE: 18265 PROJECT NUMBER:SHO 0821-097 PARCEL NUMBER:RW-2 DATE:APRIL 16,2014 LEGAL DESCRIPTION A parcel of land No.RW-2 of the Eagle County,State of Colorado,Project Code 18265,Project Number SHO 0821-097,containing 33,832 square feet(0.7767 acres),more or less,situated entirely within that property described in the Special Warranty Deed recorded as Reception No.684466 in the Eagle County Clerk and Recorders Office(E.C.C.R.O.),also lying,for reference,in Tract 49,Township 8 South,Range 86 West of the 6th Principal Meridian,Eagle County,Colorado,said parcel of land being more particularly described as follows: Commencing at Angle Point No. 1 of said Tract 49,being monumented with a 1926 U.S.G.L.O. Brass Cap, thence S 13°52'18" E a distance of 2102.63 feet to a point on the west line of that property described in the Special Warranty Deed recorded as Reception No. 684466, the TRUE POINT OF BEGINNING: 1. Thence 1.55 feet along the arc of a curve to the left, having a radius of 173.37 feet, a central angle of 000°30'45",the chord of which bears N 42°44'06"E a distance of 1.55 feet 2. Thence N 42°28'43"E a distance of 18.93 feet; 3. Thence 56.44 feet along the arc of a curve to the left, having a radius of 186.98 feet, a central angle of 017°17'44",the chord of which bears N 33°49'51"E,a distance of 56.23 feet 4. Thence N 25°10'59"E a distance of 46.06 feet; 5. Thence 118.01 feet along the arc of a curve to the right,having a radius of 228.43 feet,a central angle of 029°36'01",the chord of which bears N 39°59'00"E,a distance of 116.71 feet 6. Thence N 54°47'00"E a distance of 9.09 feet; 7. Thence 69.20 feet along the arc of a curve to the left, having a radius of 83.87 feet, a central angle of 047°16'30",the chord of which bears N 31°08'45"E,a distance of 67.26 feet 8. Thence N 07°30'30"E a distance of 76.65 feet; 9. Thence 77.61 feet along the arc of a curve to the right,having a radius of 113.25 feet, a central angle of 039°16'04",the chord of which bears N 27°08'32"E,a distance of 76.10 feet 10.Thence N 46°46'34"E a distance of 30.60 feet; 11.Thence 51.40 feet along the arc of a curve to the left, having a radius of 211.04 feet, a central angle of 013°57'20",the chord of which bears N 39°47'54"E,a distance of 51.28 feet 12.Thence N 32°49'14"E a distance of 34.84 feet; 13.Thence 29.93 feet along the arc of a curve to the right,having a radius of 320.00 feet, a central angle of 005°21'30",the chord of which bears N 35°29'59"E,a distance of 29.92 feet 14.Thence N 38°10'44"E a distance of 82.34 feet; Exhibit D-MOA-Page 5 of 12 15.Thence 64.63 feet along the arc of a curve to the right,having a radius of 116.87 feet, a central angle of 031°41'00",the chord of which bears N 54°01'15"E,a distance of 63.81 feet 16.Thence N 69°51'45"E a distance of 9.55 feet; 17.Thence 25.29 feet along the arc of a curve to the left, having a radius of 24.55 feet, a central angle of 059°01'16",the chord of which bears N 40°21'07"E,a distance of 24.19 feet 18.Thence N 10°50'29"E a distance of 30.24 feet; 19.Thence 43.15 feet along the arc of a curve to the right, having a radius of 101.01 feet, a central angle of 024°28'24",the chord of which bears N 23°04'41"E,a distance of 42.82 feet to a point on the east line of said Tract 49,from which the Angle Point No. 1 of Tract 49 bears N 01°33'47" E a distance of 1335.36 feet; 20.Thence S 01°33'47"W along the east line of Tract 49 a distance of 112.18 feet to a point from which Angle Point No.4 of said Tract 49 bears S 01°33'47"W a distance of 3938.99 feet; 21.Thence 25.08 feet along the arc of a non-tangent curve to the right,having a radius of 64.55 feet, a central angle of 022°15'34",the chord of which bears S 58°43'58"W a distance of 24.92 feet 22.Thence S 69°51'45"W a distance of 9.55 feet; 23.Thence 42.51 feet along the arc of a curve to the left, having a radius of 76.87 feet, a central angle of 031°41'00",the chord of which bears S 54°01'15"W,a distance of 41.97 feet 24.Thence S 38°10'44"W a distance of 82.34 feet; 25.Thence 26.19 feet along the arc of a curve to the left, having a radius of 280.00 feet, a central angle of 005°21'30",the chord of which bears S 35°29'59"W,a distance of 26.18 feet 26.Thence S 32°49'14"W a distance of 34.84 feet; 27.Thence 61.15 feet along the arc of a curve to the right,having a radius of 251.04 feet, a central angle of 013°57'20",the chord of which bears S 39°47'54"W,a distance of 61.00 feet 28.Thence S 46°46'34"W a distance of 30.60 feet; 29.Thence 50.20 feet along the arc of a curve to the left, having a radius of 73.25 feet, a central angle of 039°16'04",the chord of which bears S 27°08'32"W,a distance of 49.22 feet 30.Thence S 07°30'30"W a distance of 76.65 feet; 31.Thence 102.21 feet along the arc of a curve to the right,having a radius of 123.87 feet,a central angle of 047°16'30",the chord of which bears S 31°08'45"W,a distance of 99.33 feet 32.Thence S 54°47'00"W a distance of 9.09 feet; 33.Thence 97.35 feet along the arc of a curve to the left, having a radius of 188.43 feet, a central angle of 029°36'01",the chord of which bears S 39°59'00"W,a distance of 96.27 feet 34.Thence S 25°10'59"W a distance of 46.06 feet; 35.Thence 68.52 feet along the arc of a curve to the right,having a radius of 226.98 feet, a central angle of 017°17'44",the chord of which bears S 33°49'51"W,a distance of 68.26 feet 36.Thence S 42°28'43"W a distance of 18.93 feet; 37.Thence 41.12 feet along the arc of a curve to the right,having a radius of 213.37 feet, a central angle of 011°02'34",the chord of which bears S 48°00'00"W,a distance of 41.06 feet to a point on the west line of that property described in the Special Warranty Deed recorded as Reception No.684466 Exhibit D-MOA-Page 6 of 12 38.Thence N 00°02'32"W a distance of 53.35 feet to the to the POINT OF BEGINNING. The above described parcel contains 33,832 square feet (0.7767 acres), more or less, of which 10,298 square feet(0.2364 acres)are in the right-of-way of the existing road. Basis of Bearings:All bearings are based on a bearing of North 01°33'47"East a distance of 5386.54 feet between Angle Point No.4 and Angle Point No.1 of tract 49,Township 8 South Range 86 West,both being 1926 G.L.O.Brass Caps. For and on Behalf of SGM Inc. O�'D0••L,cF�'" and Eagle County ; � Robert E.Brandeberry,PLS 38388 • • 118 Sixth Street,Suite 200 :d 38388 x . _•0.x.1/22/15;>° Glenwood Springs,CO 81601 .�1, .,, 441 LAN�S�Q Exhibit D-MOA-Page 7 of 12 EAGLE COUNTY REAL PROPERTY TO BE ACQUIRED Permanent Easement Number:DE-2 FROM Hyrup Properties,LLC 69 Rampart Parachute,CO 81635 FOR Project Code: 18265 Project Number:SHO 0821-097 Location:Basalt,CO Cedar Drive II Exhibit D-MOA-Page 8 of 12 EXHIBIT"A" PROJECT CODE: 18265 PROJECT NUMBER:SHO 0821-097 PERMANENT EASEMENT NUMBER: DE-2 DATE:MARCH 5,2014 LEGAL DESCRIPTION A Permanent Easement No. DE-2 of Eagle County,State of Colorado,Project Code 18265, Project Number SHO 0821-097,containing 188 square feet(0.0043 acres),more or less,situated entirely within that property described in the Special Warranty Deed recorded as Reception No.684466 in the Eagle County Clerk and Recorders Office(E.C.C.R.O.),also lying,for reference,in Tract 49, Township 8 South,Range 86 West of the 6th Principal Meridian,Eagle County,Colorado,said permanent easement being more particularly described as follows: Commencing at Angle Point No. 1 of Tract 49 being monumented with a 1926 G.L.O.Brass Cap,thence S 09°31'00"W a distance of 1880.76 feet to the TRUE POINT OF BEGINNING: 1. Thence S 51°55'52"E a distance of 18.82 feet; 2. Thence N 38°04'08"E a distance of 10.00 feet; 3. Thence.N 51°55'52"W a distance of 18.82 feet; 4. Thence 10.00 feet along the arc of a non-tangent cure to the right,having a radius of 123.87 feet, a central angle of 04°37'36",the chord of which bears S 38°04'08"W a distance of 10.00 feet to the TRUE POINT OF BEGINNING. The above described Parcel contains 188 square feet(0.0043 acres),more or less. The purpose of the above described Permanent Easement is for the construction and maintenance of a culvert. Basis of Bearings:All bearings are based on a bearing of North 01°33'47"East a distance of 5386.54 feet between Angle Point No.4 and Angle Point No.1 of Tract 49,Township 8 South Range 86 West,both being 1926 G.L.O.Brass Caps. For and on Behalf of SGM Inc. `/, O�P�O (OCF'j', and Eagle County � b , ��. Robert E.Brandeberry,PLS 38388 b:•a 38388 11 ,_ „ 118 Sixth Street,Suite 200 o,t 4/10/14; Glenwood Springs,CO 81601 F �/0aAl L SJ Exhibit D-MOA-Page 9 of 12 EAGLE COUNTY REAL PROPERTY TO BE ACQUIRED Temporary Easement Number.TE-2 FROM Hyrup Properties.LLC 69 Rampart Parachute.CO 81635 FOR Project Code:18265 Project Number:SHO 0821-097 Location:Basalt,CO Cedar Drive Exhibit D-MOA-Page 10 of 12 EXHIBIT"A" PROJECT CODE: 18265 PROJECT NUMBER:SHO 0821-097 TEMPORARY EASEMENT NUMBER:TE-2 DATE:MARCH 5,2014 LEGAL DESCRIPTION A Temporary Easement No.TE-2 of the Eagle County,State of Colorado,Project Code 18265, Project Number SHO 0821-097,containing 8,765 square feet(0.2012 acres),more or less,situated entirely within that property described in the Special Warranty Deed recorded as Reception No.684466 in the Eagle County Clerk and Recorders Office(E.C.C.R.O.),also lying,for reference,in Tract 49, Township 8 South,Range 86 West of the 6th Principal Meridian,Eagle County,Colorado,said temporary easement being more particularly described as follows: Commencing at Angle Point No. 1 of said Tract 49, being monumented with a 1926 U.S.G.L.O. Brass Cap, thence S 13°52'18" E a distance of 2102.63 feet to a point on the west line of that property described in the Special Warranty Deed recorded as Reception No. 684466, the TRUE POINT OF BEGINNING: 1. Thence N 00°02'32"W a distance of 14.79 feet; 2. Thence N 42°28'43"E a distance of 9.58 feet; 3. Thence 53.42 feet along the arc of a curve to the left, having a radius of 176.98 feet, a central angle of 017°17'44",the chord of which bears N 33°49'51"E,a distance of 53.22 feet 4. Thence N 25°10'59"E a distance of 46.06 feet; 5. Thence 123.18 feet along the arc of a curve to the right,having a radius of 238.43 feet,a central angle of 029°36'01",the chord of which bears N 39°59'00"E,a distance of 121.82 feet 6. Thence N 54°47'00"E a distance of 9.09 feet; 7. Thence 60.95 feet along the arc of a curve to the left, having a radius of 73.87 feet, a central angle of 047°16'30",the chord of which bears N 31°08'45"E,a distance of 59.24 feet 8. Thence N 07°30'30"E a distance of 76.65 feet; 9. Thence 84.47 feet along the arc of a curve to the right,having a radius of 123.25 feet, a central angle of 039°16'04",the chord of which bears N 27°08'32"E,a distance of 82.82 feet 10.Thence N 46°46'34"E a distance of 30.60 feet; 11.Thence 48.97 feet along the arc of a curve to the left, having a radius of 201.04 feet, a central angle of 013°57'20",the chord of which bears N 39°47'54"E,a distance of 48.85 feet 12.Thence N 32°49'14"E a distance of 34.84 feet; 13.Thence 30.86 feet along the arc of a curve to the right,having a radius of 330.00 feet, a central angle of 005°21'30",the chord of which bears N 35°29'59"E,a distance of 30.85 feet 14.Thence N 38°10'44"E a distance of 82.34 feet; 15.Thence 70.16 feet along the arc of a curve to the right,having a radius of 126.87 feet, a central angle of 031°41'00",the chord of which bears N 54°01'15"E,a distance of 69.27 feet Exhibit D-MOA-Page 11 of 12 16.Thence N 69°51'45"E a distance of 9.55 feet; 17.Thence 14.99 feet along the arc of a curve to the left, having a radius of 14.55 feet, a central angle of 059°01'16",the chord of which bears N 40°21'07"E,a distance of 14.34 feet 18.Thence N 10°5029"E a distance of 30.24 feet; 19.Thence 61.15 feet along the arc of a curve to the right,having a radius of 111.01 feet, a central angle of 031°33'37",the chord of which bears N 26°37'17"E,a distance of 60.38 feet to a point on the east line of said Tract 49,from which Angle Point No. 1 of Tract 49 bears N 01°33'47"E a distance of 1318.89 feet; 20.Thence S 01°33'47"W along the east line of Tract 49 a distance of 16.47 feet to a point from which Angle Point No.4 of Tract 49 bears S 01°33'47"W a distance of 4051.17 feet; 21.Thence 43.15 feet along the arc of a non-tangent curve to the left,having a radius of 101.01 feet, a central angle of 024°28'24",the chord of which bears S 23°04'41"W a distance of 42.82 feet 22.Thence S 10°5029"W a distance of 30.24 feet; 23.Thence 25.29 feet along the arc of a curve to the right, having a radius of 24.55 feet, a central angle of 059°01'16",the chord of which bears S 40°21'07"W,a distance of 24.19 feet 24.Thence S 69°51'45"W a distance of 9.55 feet; 25.Thence 64.63 feet along the arc of a curve to the left, having a radius of 116.87 feet, a central angle of 031°41'00",the chord of which bears S 54°01'15"W,a distance of 63.81 feet 26.Thence S 38°10'44"W a distance of 82.34 feet; 27.Thence 29.93 feet along the arc of a curve to the left, having a radius of 320.00 feet, a central angle of 005°21'30",the chord of which bears S 35°29'59"W,a distance of 29.92 feet 28.Thence S 32°49'14"W a distance of 34.84 feet; 29.Thence 51.40 feet along the arc of a curve to the right,having a radius of 211.04 feet, a central angle of 013°5720",the chord of which bears S 39°47'54"W,a distance of 51.28 feet 30.Thence S 46°46'34"W a distance of 30.60 feet; 31.Thence 77.61 feet along the arc of a curve to the left, having a radius of 113.25 feet, a central angle of 039°16'04",the chord of which bears S 27°08'32"W,a distance of 76.10 feet 32.Thence S 07°30'30"W a distance of 76.65 feet; 33.Thence 69.20 feet along the arc of a curve to the right,having a radius of 83.87 feet, a central angle of 047°16'30",the chord of which bears S 31°08'45"W,a distance of 67.26 feet 34.Thence S 54°47'00"W a distance of 9.09 feet; 35.Thence 118.01 feet along the arc of a curve to the left,having a radius of 228.43 feet, a central angle of 029°36'01",the chord of which bears S 39°59'00"W,a distance of 116.71 feet 36.Thence S 25°10'59"W a distance of 46.06 feet; 37.Thence 56.44 feet along the arc of a curve to the right,having a radius of 186.98 feet, a central angle of 017°17'44",the chord of which bears S 33°49'51"W,a distance of 56.23 feet 38.Thence S 42°28'43"W a distance of 18.93 feet; Exhibit D-MOA-Page 12 of 12 39.Thence 1.55 feet along the arc of a curve to the right, having a radius of 173.37 feet, a central angle of 000°30'45", the chord of which bears S 42°44'06"W, a distance of 1.55 feet to the POINT OF BEGINNING. The above described parcel contains 8765 square feet(0.2012 acres) more or less. The purpose of the above described Temporary Easement is the construction of Cedar Drive Road improvements. Basis of Bearings:All bearings are based on a bearing of North 01°33'47"East a distance of 5386.54 feet between Angle Point No.4 and Angle Point No.1 of Tract 49,Township 8 South Range 86 West,both being 1926 G.L.O.Brass Caps. For and on Behalf of SGM Inc. ,,p�p��•••L..'4 and Eagle County 4 c ' o Robert E.Brandeberry,PLS 38388 • 118 Sixth Street,Suite 200 a 38388 -c o es;1/22/15;a Glenwood Springs,CO 81601 ; F ,•��.` ,,viVAL LAO'