HomeMy WebLinkAbout116535. A right-of-way deed recorded in Book 106 Page 574 dated February 24, 1930, from the Empire Zinc Company to Eagle County, affects
H.E.S. 40 and is identical to the right-of-way for U.S. Highway 24 as described on Colorado State Highway Department - Plan and Profile of
Proposed Federal Aid Project No. 78-R - State Highway No. 4 - Eagle County - Right of Way Map No. 1A - Revised September 11, 1929. This
right-of-way is amended in accordance with the aforementioned Colorado Department of Transportion U.S. Highway 24 Boundary Line
Agreement.
36. An easement and right-of-way deed recorded in Book 140 Page 175, dated May 20, 1954, from the New Jersey Zinc Co. to the Town of
Minturn provides a legal description for three separate easement and right-of-way tracts for pipelines, a dam and a reservoir. One of the tracts, a
10 -ft. wide pipeline easement is located within the subject property and affects the portion of the subject property known as the "Nelson Addition"
as described in Book 131 Page 76, and is depicted hereon.
It should also be noted that the pipeline easement described in Book 140 Page 175 appears to closely reflect the location of the Minturn Water
Works pipeline as depicted on a document titled "Minturn, Colorado - Water Supply Improvements - General Map & Index", dated August 1963,
and prepared by C.H. Hoper and Associates, Utilities Engineers, and certified by Ronald C Mclaughlin P.E. 2871.
It should further be noted that the waterline easement noted above as described in Book 116 Page 502, which is not depicted hereon due an
error in the legal description of approximately 218 -feet, was also conveyed to the Town of Minturn for the "maintenance, operation and use of the
pipeline of the Water System of the Town of Minturn." The general geometry of the easement described in Book 116 Page 502 does not appear
to reasonably resemble any portion of the easement described in Book 140 Page 175 and the waterline alignment as depicted on the above
referenced map by C.H. Hoper and Associates.
37. A 50 -ft. wide oil and gas transportation easement is described in the document recorded in Book 201 Page 105 through 113, dated
February 20, 1967, from the New Jersey Zinc Co. to Western Slope Gas Company. Said easement affects the portion of the subject property
known as the "Nelson Addition" as described in Book 131 Page 76, and is depicted hereon.
38. A Water Rights Agreement recorded in Book 368 Page 80, dated September 5, 1983, between Glenn T. Miller, Battle Mountain
Corporation, Gulf & Western Industries, Inc., and State Savings & Loan Association of Lubbock, may be applicable to and may affect the subject
property.
39. An Exception from H.E.S. 46 is described in the Deed and Agreement recorded in Book 380 PG 574, dated March 13, 1984, from Gulf &
Western Industries, Inc. to the Eagle County School District RE 50J and affects H.E.S. 46. Said exception is depicted hereon.
40. Resolution # 85-16, a Resolution of the Board of County Commissioners, County of Eagle, State of Colorado, dated February 28, 1986, is
recorded in Book 407 Page 293. The resolution approves a Special Use Permit for the use of a Mobile Home Park within the Resource Zone
District. The legal description included with the resolution describes property that is primarily located within the H.E.S. 46 Exception Parcel
described in Book 380 PG 574 as referenced above. However, a portion of the property described in the Resolution extends into the portion of
H.E.S. 46 that is part of the subject property. The portion of the subject property affected by this Resolution is depicted hereon.
41. A Quit Claim Deed for an easement for access and utilities is recorded in Book 424 Page 539, dated September 9, 1985, between Battle
Mountain Corporation and the Eagle County School District RE 50J. The legal description for the easement provided in this document is
incomplete, and is therefore not depicted on this survey. However, a subsequent Quit Claim Deed for an easement for access and utilities is
recorded in Book 424 Page 977, dated September 13, 1985, between Battle Mountain Corporation and the Eagle County School District RE 50J,
and which includes a complete legal description. This easement affects the portion of the subject property known as the "Nelson Addition" as
described in Book 131 Page 76 and H.E.S. 46. The legal description provided with this deed includes an error of approximately 10.47 -feet.
However, we believe that the easement can be reasonably located and is therefore depicted on this survey.
42. The document recorded in Book 500 Page 765, dated February 21, 1989, from the Eagle County School District RE 50J to Gulf + Western
Inc provides for an Easement across the H.E.S. 46 Exception Parcel as described in Book 380 PG 574 for the purposes of constructing,
inspecting, operating and maintaining an underground diversion trench and a surface collection ditch with appurtenances thereto. Generally, this
easement is for the benefit of the entity that is responsible for the maintenance and operation of the Consolidated Tailings Pile, Tailings Ponds
and Treatment Facilities that is located on the subject property. This easement is depicted on this survey.
43. A Rule and Order, from Case No. 89CV79, District Court, Eagle County, Colorado dated August 22, 1991 between the State Department of
Highways, Division of Highways, State of Colorado and Battle Mountain Corporation is recorded in Book 562 Page 398. The Rule and Order
grants title of certain described parcels of land to the Colorado Department of Highways that was previously owned by Battle Mountain
Corporation. The parcels of land described are located within H.E.S. 40 and are identical to the right-of-way for U.S. Highway 24 as described on
State Department of Highways - Division of Highways - State of Colorado - Right of Way Plan of Proposed Federal Aid Project No. BRF
024-1(24), dated 7-28-1989. This right-of-way is amended in accordance with the aforementioned Colorado Department of Transportion U.S.
Highway 24 Boundary Line Agreement.
44. The property benefits from an existing roadway that traverses U.S. Forest Service property between U.S. Highway 24 and the northern
boundary of the portion of the subject property known as the "Nelson Addition" as described in Book 131 Page 76. The existing roadway is
approximately 20 -feet in width.
45. Underground utilities including water pipelines, natural gas, electric, telephone or cable television utilities may exist outside of easements
depicted or noted on this survey.
46. The property may be subject to the effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or
other district or inclusion in any water service, street improvement area, or special improvement district.
SURVEYOR'S CERTIFICATE
I, Michael J. Gamba, do hereby certify that I am a Professional Engineer and Professional Land Surveyor
licensed in the State of Colorado; that this Land Survey Plat is true and correct and prepared by an actual
on -the -ground survey of the real property conducted by me, or under my direct supervision, between June 1,
2011 and August 21, 2018; and that such survey conforms with the minimum requirements for Land Survey
Plats as defined in C.R.S. 38-51-106.
In Witness Whereof, I have set my hand and seal this 7th day of February, A.D., 2019.
P.E. & P.L.S. #28036
COUNTY SURVEYOR'S CERTIFICATE
Deposited thisday of 20, at P.m. in Book
° of the Eagle County Surveyor's Land Survey Plats/Rights-of-Way Surveys at
Page NXIC5. This Land Survey Plat complies with Section 38-51-102, of the
Colorado Revised Statutes.
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