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Home My WebLink AboutC93-065 Kummer Development CorporationC93-65-21 AGREEMENT THIS AGREEMENT made and entered into this _30day of �, , 1993, by and between the County of Eagle, State e of Colorado, by and through its Board of County Commissioners (hereinafter the "County"), and the Kummer Development Corporation, a Delaware corporation (hereinafter "Kummer"). W I T N E S S E T H WHEREAS, Kummer is the owner of property located under and adjacent to a portion of the Salt Creek Road Improvement Project as described herein; and WHEREAS, in order to adequately construct said road improvements, the County is in need of a portion of property owned by Kummer. NOW, THEREFORE, for and in consideration of the mutual covenants, promises, and conditions herein contained, the parties hereto agree as follows: 1. The Salt Creek Road Improvement Project shall be constructed within the new alignment as described on Exhibit B consisting of a legal description and a map, and attached hereto and incorporated herein. 2. The construction design required to meet current and foreseeable use of Salt Creek Road is a two-lane County Road as described on Exhibit A attached hereto and incorporated herein by this reference. 3. The segment of the present Salt Creek Road from Brush Creek Road to its connection with the realigned Salt Creek Road (this segment being supplanted by the realigned Salt Creek Road) will become a local road in character instead of a collector road. Its function will be to provide access to adjacent properties. Through traffic will be discouraged. Maintenance will be substantially reduced. Appropriate signs will be installed at intersection points. 4. Kummer agrees to deed 7.504 acres to Eagle County for the right-of-way. 5. In consideration for the deed by Kummer of said right- of-way, the County agrees to construct the project to the standards specified in Exhibit A. The County also agrees to re - topsoil, re -seed, and re -vegetate the project. 6. The County reserves all rights to regulate future development activities of Kummer as allowed by applicable law. This agreement shall in no way vest rights of development in Kummer. 7. This Contract shall be binding on the parties, their heirs, assigns, or successors in interest to the property described in Exhibit B. 8. The District Court for Eagle County shall be the venue for any dispute hereunder and shall apply the laws of Colorado. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in duplicate. One counterpart each has been delivered to County and Contractor. THE COUNTY: COUNTY OF EAGLE, STATE OF oECRO�t COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS W ATTEST: p r OOtONADO 7ierk o± t e Boar o George Gates, C airman County Commissioners Address for giving notices: Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 (303) 328-8685 KUMMER DEVELOPMENT CORPORATION A Delaware Corporation F . Kummer, President Address for giving notices: it330 01;ue. Street 'Rooaot St L%4,A;5, Mo Aa/41 Phone: nj - £!07- 9000 STATE OF MISSOURI ) ) ss County of St. Louis ) The foregoing was acknowledged before me this �qth day of _A,p" , 1993, by Fred S. Kummer. My commission expires: ,L101g7 Not�hiM� y Ptb "EXHIBIT A" 1wk� NOM • fACED AFnER FILL HAS BEEN COMPAC'IM AT A 1AI SLOPE (POurr OF p-s 10 2 Irv.�� 3 1.65 . 3Z p- 10 2 Ivo fsolk 3x 911 :uz;l _55 f `gam W V MMS ROAD BASE 3r Mffa" (SUITABLE MIPACTED MAMADE MATBOAL) (FROM STA.&M TO 31+00) NOTE - TYPICAL X—SEC-noN �SM°'° N.T.S. EXHIBIT B LEGAL DESCRIPTION PARCEL "A" A parcel of land lying in Tracts 74, 76, and 79 Section 24, TSS, R84W, of the 6th P.M., Eagle County, Colorado, and being more particularly described as follows: Beginning at corner No. 3 of said Tract 74, said point being a 3" aluminum monument in place; Thence along the South line of said Tract 74, S8705915511E, 733.64 feet to a point on the East right- of-way line of Brush Creek Road, said point being the True Point of Beginning; Thence continuing along said right-of-way line 74.71 feet along the arc of a non -tangent curve to the right having a central angle of 2055155" and a radius of 1,460.00 feet, the chord of which bears 518026122"E, 74.70 feet; Thence S87059155"E, 131.30 feet; Thence N0200010511E, 70.00 feet to a point on said South line of Tract 74; Thence N2502010211E, 571.70 feet; Thence N2202515211E, 105.09 feet; Thence 54.55 feet along the arc of a non -tangent curve to the left, having a central angle of 8024103" and a radius of 372.03 feet, the chord of which bears N1203810011E, 54.50 feet; Thence N0205010911E, 105.09 feet; Thence N0000410111W, 85.82 feet; Thence N0300614811E, 83.84 feet; Thence 456.40 feet along the arc of a non -tangent curve to the right having a central angle of 115059149" and a radius of 225.44 feet, the chord of which bears N6704915311E, 382.35 feet; Thence S4702710111E, 83.84 feet; Thence S44016112"E, 13.02 feet; Thence S4500613511E, 101.52 feet; Thence 629.95 feet along the arc of a non -tangent curve to the left, having a central angle of 30033151" and a radius of 1,180.92 feet, the chord of which bears S6200310811E, 622.51 feet; Thence S7805914111E, 101.52 feet; Thence S79050103"E, 183.35 feet; Thence 579000127"E, 98.46 feet; Thence 307.56 feet along the arc of a non -tangent curve to the right having a central angle of 15051145" and a radius of 1,110.92 feet, the chord of which bears S6902411111E, 306.58 feet; Thence S59047155"E, 98.46 feet; Thence 55805811911E, 534.14 feet; Thence 623.27 feet along the arc of a curve to the left having a central angle of 12018154" and a radius of 2,899.79 feet, the chord of which bears S6500714611E, 622.08 feet to a point on the South line of said Tract 76 and the North line of Horseshoe Hill Subdivision; Thence along said South line S8800015311E, 219.95 feet to the N.E. corner of said Subdivision; Thence along said South line S8800012911E, 71.09 feet; Thence 887.41 feet along the arc of a non -tangent curve to the right having a central angle of 17058103" and a radius of 2,829.79 feet, the chord of which bears N67e57120"W, 883.77 feet; Thence N58058'19"W, 534.14 feet; Thence N5904814111W, 101.52 feet; Thence 123.21 feet along the arc of a non -tangent curve to the left having a central angle of 05058'40" and a radius of 1,180.92 feet, the chord of which bears N64027139"W, 123.15 feet; Thence N21005'40"E, 14.34 feet; Thence 103.76 feet along the arc of a curve to the left having a central angle of 7401815511, and a radius of 80.00 feet, the chord of which bears N16003147"W, 96.64 feet; Thence N53013114"W, 30.00 feet; Thence S36046'46"W, 60.00 feet; Thence S53013114"E, 30.00 /Ogft1 LEGAL DESCRIPTION PARCEL "A" PAGE 2 feet; Thence 25.94 feet along the arc of a curve to the right having a central angle of 7401815511, and a radius of 20.00 feet, the chord of which bears S1600314711E, 24.16 feet; Thence S2100514011W, 14.34 feet; Thence 143.72 feet along the arc of a non -tangent curve to the left having a central angle of 06058123" and a radius of 1,180.92 feet, the chord of which bears N73050152"W, 143.63 feet; Thence N7805914111W, 101.52 feet; Thence N7905010311W, 183.35 feet; Thence N79000127"W, 98.46 feet; Thence 592.61 feet along the arc of a non -tangent curve to the right having a central angle of 30033151" and a radius of 1,110.92 feet, the chord of which bears N6200310811W, 585.61 feet; Thence N4500514911W, 98.46 feet; Thence N4401611211W, 13.02 feet; Thence N4704012411W, 95.92 feet; Thence 598.12 feet along the arc of a non -tangent curve to the left having a central angle of 115059149" and a radius of 295.44 feet, the chord of which bears S6704915311W, 501.08 feet; Thence S0302011011W, 95.92 feet; Thence S00°04101"E, 85.82 feet; Thence S0204111711W, 94.72 feet; Thence 44.28 feet along the arc of a non -tangent curve to the right having a central angle of 8024103" and a radius of 302.03 feet, the chord of which bears S1203810011W, 44.24 feet; Thence S2203414311W, 94.72 feet; Thence S2502010211W, 601.89 feet, to a point on the South line of said Tract 74; Thence N8705915511W, 81.16 feet to the Point of Beginning Containing 7.504 acres more or less. Together with a temporary construction easement for slope construction outside of the right-of-way as shown on the final construction plans. The line between said corner No. 3 of Tract 74 (a 3.5" aluminum monument) and Corner No. 4 of Tract 74 (rebar and 1.5" aluminum cap LS#2568) bears S8705915511E. z6 113 w . Date Lloyd W. Powers, L.S. 13901 Eagle County Engineering P.O. Box 850 Eagle, CO 81631 1 1 1 1 TR741 , , KUMMER DEVELOPMENT CORP. � � 1 �o i 1 Autw� �� W �4 c�r� • 1 TRU POINT BEGS INr h � ~ _ , ` TRACT LINE-2—PAR A, 733.64' S87"S9'53'E �1 so —Z � BAs 0 — 115159'49' I R - 295.44' T - 472.77' L - 598.12' CH — 501.08' CHS - N87 49'53'W_1 46 - 1' R-2 T-31 L- 41 CH CHB - & - 3D'33'51' R - 1110.92' T - 303.54' L - 592.61' CH — 50.61' CHB - N62V3'08'W R — 1180.92' T - 322.66' L - 629.95' CH — 622.51' CHB — M62W'08'W KUMMER DEVELOPMENT CORP. A - 02- 55* 1 R a 1480.00' T a 37.30' 1 1 L - 74.71' 1 1 CH - 74.40' t l` I CHS - S18'28'22E 1 l � � l KUMMER DEVELOPMENT j CORP. t i L--J I I I TR79 SCALE: 1"=400' I I NOTES: 1)• PARCEL "A" OWNER—KUMMER DEVELOPMENT CORP. 7.504 AC. 2),THIS PARCEL HAVE PERSCRIPTIVE R.O.W. INCLUDED IN THE ACREAGE. isµ• WCT 74 CMMn R®AR A. 1.>! 11MA. PAM KUMMER DEVELOPMENT CORP. A - 15'51'45' R - 1110.92' T - 154.77' L - 307.58' CH - 308.58' CHB - N89'24'11'W _ S24 T5S, R84W TR76 A - 17'58'03' R — 2829.79' T - 447.38' L - 887.41' CH - 883.7r CHB — N87'57'20'W \NN�.{{E. CORNER OF (FDTREBAR & C��LS #1120 L3 66a3 n — 1218'5\ 90 R No2899.7 �__< T — 312.84' __I = 623.27- SECTION 24 CH8B-N65*07'46*W SECTION LINE SECTION 25 EXHIBIT "B" EXIS71NO R.O.W.—► FROU 'HORSESHOE HILL SUBDIVISION' HORSESHOE HILL SUED. I LOT 2 S25 T5S, R84W PAGE 3 of 3 e*4� I XC I DEPT. I Return Orig, To 33