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HomeMy WebLinkAboutbocc.ord.015.2000 111111111111 IIIIII IIIII I111111111 I11111 III 11111 IIII 1111 446194 08/17/2000 02:16P ORDINRNC DAVIS SILVI 1 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING EASEMENT AGREEMENT BETWEEN PITKIN COUNTY AND RALEIGH ENTERPRISES ORDINANCE NO. 0/5' -2000 Recitals 1. On February 10, 1999, the Board of County Commissioners approved Ordinance No. 99-7, authorizing proceedings in eminent domain to acquire certain property necessary for the replacement of the bridge across Castle Creek on Midnight Mine Road. 2. Specifically, the County petitioned the District Court, in Civil Action No. 99 CV 38-1, to acquire certain property owned by Raleigh Enterprises, a California corporation. 3. A settlement was reached with Raleigh Enterprises and approved by the Board of County Commissioners which resulted in the County taking fee title to the area underlying the Midnight Mine Road and bridge across Castle Creek, in the area where the new bridge was constructed, and obtaining an easement over the balance of the property originally subject to the Petition. 4. The terms of the easement are more fully described in the Easement Agreement attached hereto as Exhibit A. 5. As part of the settlement, the County was refunded the amount of $10,121.00 from Raleigh Enterprises, representing a partial refund of the $15,981.00 paid for possession and use of the property in June, 1999, to allow the construction to take place. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that: 1. The Easement Agreement with Raleigh Enterprises, in substantially the form as shown on Exhibit A is hereby approved. The Chair is authorized to sign the Easement Agreement and such other documents as may be necessary to finalize the transaction, after approval of the form of such documents by the County Attorney's office. INTRODUCED AND FIRST READ AND SET FOR PUBLIC HEARING ON THE 22"d DAY OF MARCH, 2000. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE Is`DAY OF APRIL, 2000. 111111111111111111111111111111111111111 III 111111111 IN 446194 08/17/2000 02:16P ORDINRNC DAVIS SILVI Ordinance No. 0/t�'-2000 2 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 2 APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 12TH DAY OF APRIL, 2000. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 21ST DAY OF APRIL, 2000. THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: J ette Jones, Dep Clerk Shellie Roy Har ,er, Chair Date: �AyM� /zf dgtly APPROVED AS TO FORM: �1 Deborah Qumn, County A��ttt�ey Suza a onchan, County Manager �/G; j e:\home\vickiv\ords\raleigheasementdoc ' r 111111111111111111111111111111111111111 III 111111111 IN 446194 08/17/2000 02:18P ORDINRNC DAVIS SILVI 3 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EASEMENT AGREEMENT ��/ This easement agreement is made and entered into this qA day of /' ,4 4 N 2000, by and between Raleigh Property,L.P.,a California limited partnership,(hereinafter referred to as the"Grantor") and the Board of County Commissioners of Pitkin County, Colorado, a Colorado home rule county (hereinafter referred to as the "Grantee"). WITNESSETH THAT For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Grantor has this date bargained,conveyed,delivered,transferred, and sold,and by these presents,does bargain,convey,deliver,transfer,and sell unto the Grantee,a non- exclusive easement over the lands described in Exhibit"A"attached hereto and incorporated herein by reference (hereinafter referred to as the "Easement Area"). The easement is for the benefit of the Grantee and is subject to the following terms and conditions: 1. Grantee's Riahts. The Grantee shall have the right to use and occupy the Easement Area for the purpose of maintenance and repair of Midnight Mine Road and Midnight Mine Bridge,including snow removal and snow storage. 2. Maintenance and Repair. a. Grantee shall complete the reconstruction of Grantor's stone masonry wall located in the Easement Area by August 1,2000,in accordance with General Layout prepared by Range Construction, Inc., dated December 9, 1997, attached hereto as Exhibit B. To the extent practicable, Grantee shall reconstruct the relocated portions of the wall to their prior condition. b. The Grantee shall, in connection with its uses, make all reasonable efforts to avoid damage to the Easement Area and the improvements and landscaping located thereon. In connection with its uses, Grantee shall maintain and repair the Easement Area at all time in good condition, and shall repair or replace any damage to the Easement Area, including the improvements and landscaping presently located thereon, occasioned by its use of the Easement Area. Grantee shall not be responsible for the maintenance and repair of improvements and landscaping to the Easement Area constructed or installed after the date of this Easement Agreement, except as required above. 3. Snow Removal and Snow Storage. In connection with the Grantee's use of the Easement Area for snow removal and snow storage, the Grantee shall be prohibited from interfering with access to the Grantor's property from either entrance adjacent to the Midnight Mine Road,above or below the Midnight Mine Bridge. Snow storage shall not occur in such a manner as to impair the sight distance from vehicles entering or exiting the Grantor's property from either entrance. 4. Prohibited Uses. Grantee shall be prohibited from excavating the Easement Areas. Public parking shall be excluded from the Easement Area, and the Grantee shall not store vehicles or equipment thereon except in connection with the exercise of its right under this Easement Agreement. 111111III 11111 IN IIII 446164 08/17/2000 02:16P ORDINANC DAVIS SILVI 4 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 5. Grantor's Rights. Grantor, its successors and assigns, shall have the right to use and occupy the Easement Area for any lawful purpose not inconsistent with Grantee's full enjoyment ofthe rights hereby granted. 6. Indemnification and Hold Harmless. To the extent authorized by law, Grantee shall indemnify and hold harmless the Grantor from any liability arising out of Grantee's exercise of its rights under this Easement Agreement. Accordingly, any liability for personal injury or property damage to the Grantee, its employees, agents, invitees, or third persons, as a result of or arising out of or relating to the use and occupancy of the Easement Area by Grantee shall be borne by Grantee. Nothing in this Agreement shall be construed as a waiver of Grantee's rights under the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et sea. 7. Duration. This easement shall be perpetual. However in the event that the Grantee vacates Midnight Mine Road or the portion thereof adjacent to the Easement Area,this easement shall automatically terminate. 8. Covenant Runnine With the Land. This Easement Agreement shall constitute a covenant running with the land and be binding upon the parties' successors and assigns. IN TN REOF, the parties have en red into this Easement Agreement on the date set forth abWI eorge entha TKrN Shellie Harper FI /V- Chairman 4t 0� Chairperson Raleigh Enterprises, LLC Y ,� + y Board of County Commissioners General Partner of Pitkin County, Colorado Raleigh Property L.P. Oro {». RADO STATE OF CALIFORNIA ) ss. CITY AND COUNTY OF LOS ANGELES ) Acknowledged before me this q�k� day of March, 2000, by George I . Rosenthal, as Chairman, Raleigh Enterprises, LLC, General Partner, Raleigh Property, L.P. Witness my hand and official seal. My commission expires: /jo i o ary blic , NOTARY BLOCK TO FOLLOW MAY D.KEW W 2 COfflRIb*m#12=5 r *Camn B0w0c131,2 STATE OF COLORADO ) Notary Public ss. COUNTY OF PITKIN ) 1 The foregoing, t�rpment was acknowledged before me this ��ay of &I by SI}e»;_ a -' Chai{ ((�C, Board of County Co sio ers of Pitkin ty, Colorad fAtr/ *4y � *Mlt WITNESS my hand and official seal. commission expires: 2- N t Public IIIIII III HIM IIII IN 'rr'•.pU61 446184 08/17/2000 02:16P ORDINRNC DAVIS SILVI zj 6 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO ,a,wrcwrFica�e,rpi ,.xae�.,..,oxiem..p 3 1111111 Hill IIIIII111111111111111111111III Hill IIII IN 446194 08/17/2000 02:16P ORDINANC DAVIS SILVI 6 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO PARCELS C.D&E EASEMENT CONVEYANCE A PORTION OF THE BONANZA PLACER MINING CLAIM, (U.S. SURVEY NO. 5840am)AND A PORTION OF THE GOOD LUCK PLACER MINING CLAIM, (U.S. SURVEY NO. 14548) SITUATED IN SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE a P.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: THREE(3)TRACTS OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER(NWI/4NE1/4)OF SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6 h P.M.,BEING A PORTION OF THAT PARCEL OF LAND CONVEYED IN BOOK 203 AT PAGE 307 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY, COLORADO DESCRIBED AS FOLLOWS: EASEMENT C BEGINNING AT A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.401144 OF THE PITKIN COUNTY RECORDS WHENCE THE 1986 ALUMINUM CAP SET FOR CORNER NO. 7 MS 5840am AND CORNER 2 MS 14548 BEARS S03004'33"W 728.47 FEET; THENCE NORTHWESTERLY 20.07 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 56.22 FEET(CHORD BEARS N08035'30"W 19.96 FEET); THENCE N01038'00"E 54.81 FEET; THENCE N88019'11"W 11.88 FEET; THENCE S01040'49"W 59.24 FEET; THENCE SOUTHEASTERLY 12.02 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 60.00 FEET(CHORD BEARS SO4°03'31"E 12.00 FEET)TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 401144 OF THE PITKIN COUNTY RECORDS; THENCE S75024'00"E 14.65 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING CONTAINING 877 SQUARE FEET MORE OR LESS. EASEMENT D BEGINNING AT A POINT WHENCE THE 1986 BLM ALUMINUM CAP SET FOR CORNER NO, 7 MS 5840am AND CORNER 2 MS 14548 BEARS S20003'20"W 748.51 FEET; THENCE N17042'33"W 12.00 FEET; THENCE WESTERLY 79.59 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 138.20 FEET(CHORD BEARS S82°28'33"W 78.49 FEET); THENCE N08001'25"E 10.00 FEET; THENCE WESTERLY 14.80 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 128.20 FEET(CHORD BEARS N77038'46"W 14.79 FEET); THENCE N74020'19"W 86.04 FEET; THENCE 9.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 7.00 FEET(CHORD BEARS N36032'28"W 8.58 FEET); THENCE N88044'38"W 10.00 FEET; THENCE NO1015'20"E 53.47 FEET; THENCE N88019'11"W 11.61 FEET; THENCE SO1040'49"W 51.06 FEET; 170941 EXHIBIT d A THENCE SOUTHEASTERLY 41.81 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 31.56 FEET(CHORD BEARS S35°45'50"E N 38.82 FEET); THENCE S73039'57'E 27.64 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 401144 OF THE PITKIN COUNTY RECORDS; THENCE S75024'00"E 73.07 FEET ALONG SAID NORTH LINE; THENCE NORTHEASTERLY 85.88 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 194.47 FEET(CHORD BEARS N83°00'02"E 85.11 FEET) TO THE POINT OF BEGINNING CONTAINING 4,281 SQUARE FEET MORE OR LESS. EASEMENT E BEGINNING AT A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 401144 OF THE PITKIN COUNTY RECORDS WHENCE THE 1986 ALUMINUM CAP SET FOR CORNER NO. 7 MS 5840am AND CORNER NO. 2 MS 14548 BEARS S21014'31'W 718.61 FEET; THENCE NORTHEASTERLY 6.70 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 168.27 FEET(CHORD BEARS N64°50'25"E 6.70 FEET); THENCE N17°42'33"E 12.00 FEET; THENCE S73051'24"W 28.22 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 401144 OF THE PITKIN COUNTY RECORDS; THENCE S75024'00"E 23.52 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING CONTAINING 224 SQUARE FEET MORE OR LESS. COUNTY OF PITKIN STATE OF COLORADO I IIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII IIII IIII 17094L 446194 08/17/2000 02,16P OROINRNC DRVIS SILVI 7 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 17094I AWNA• -7� —JCS W WxAx�N(N(��•W �p.D+,4.OWN P1 {aQLJ., / _M�SYI V NN$OA y NNWpxO D 11 ➢ y J � N_N N NIQ -IT 'YSy �N fie. sMao ky da i flY u > V.P.C.STA.9.50 � ~ n ELEV.8252.95 a&4 1 B� Eif $ �E m —_ Im =d No as # e of _ a eJED _Cm DRIVE pe //ee —O \ \ y Nm * $ DRIVE V.P.T.ST0.10.w /•p _.-' �a jj ELEV.825C.w— HY$2 8Hpy ° ;0 B m[ m ina�S d 2 _ Jj Ir i N C.W. )� m g9 F� gg Y_I ss i dl Ir / ♦ p�+ ♦- ag el CQ� I C...k e p • 8a¢ x 11 i -' g }w" GI o-/➢ '>u,I g$� NRw ' __--.- —vm 8F tx � 4 ��� a 1 1 �.- - <;n.'el•�a.olvis�o•d a4 V.P.C.STA.n•20 I ,q sr, _ ,:/ i • 3 m yy E _ ay i• .. g$q ELEV.8219.55 C- -� P �Y 1'll •'--�' 9�� • y n P Ls DRIVE V.P.T.STA.12.00 4 y ' 1 8• \�\ a e 1 ELEV.8252.81.1 a p \ v � \.• ug, .7R n 2 it 8 5 e Ilk Q➢A}•' •Y: p- ST& .w ¢Ev.R]l2..P1 w Ri 112VV14.9TA.•90 • ¢Fv. 2.0 RE yTm Y.PA TA.•RD a a8 E m a V.P T.STA p• S � `° m € v_ y N y ( ` EXHIBIT m m S 7c 2 ^ a n 7� g D y i O Q E V.P.c. 249.53 a FLEv,ax..0 y s O x i W Eg n m P •( �m i(? VIA 11.60 $ ^a ELcv.e249a5 u 9i n vi➢`TT.�RiA ttwD � I� . ¢vV. wx.u9 9 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO QUIT CLAIM DEED THIS DEED made this 9 f� day of k'1-914 2 c�q 2000 between RALEIGH PROPERTY,L.P.,a California limited partnership,whose legal address is 100 Wilshire Boulevard, 8th Floor, Santa Monica, CA 90401, Grantor, and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, and whose legal address is 530 East Main Street, Aspen, Colorado, 81611, Grantee: WITNESSETH: That the Grantor, for and inconsideration of Ten Dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,have remised,released, sold, conveyed and QUIT CLAIM unto the Grantee, its successors and assigns, forever, without warranty, the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and the State of Colorado, described as follows: See Exhibit A attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,all the estate,right,title interest and claim whatsoever,of the Grantor, either in law or in equity, to the only proper use,benefit and behoof of the Grantee, its successors and assigns forever. IF ANY TERM orprovision of this Quit Claim Deed would otherwise violate the rule against perpetuities or the rule restricting restraints on alienation,such term or provision shall automatically expire and be of no further force or effect,on the day before the expiration of ninety(90)years from the date of this deed. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. RALEIGH P RTY, L.P. George a Chairman Raleigh Enterprises, LLC General Partner Raleigh Property, L.P. NOTARY BLOCK FOLLOWS s , ' IIIIIII "III "III' Illllllllllllll llllll 111 llllll 111 l'll 446194 08/17/2000 02:16P ORDINANC DAVIS SILVI 10 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO STATE OF CALIFORNIA ) ss. CITY AND COUNTY OF LOS ANGELES ) Acknowledged before me this 7 - day of March, 2000, by George I . Rosenthal, as Chairman, Raleigh Enterprises, LLC, General Partner, Raleigh Property, L.P. Witness my hand and official seal. My commission expires: &2 3/ 6cl 40tar�vi(jubYic AMY D.JORDAN CommLssion# 120M ^m s Notary Public-Coli'omia s '' Los Angeles County 446194 08/17/2000 02:16P ORDINRNC DAVIS SILVI 11 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO PARCEL A&B A PORTION OF THE BONANZA PLACER MINING CLAIM,(U.S. SURVEY NO. 5840am)AND A PORTION OF THE GOOD LUCK PLACER MINING CLAIM,(U.S. S�IRVEY NO, 14548)SITUATED IN SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THB 6"P.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: TWO(2)TRACTS OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTI TEAST QUARTER(NWI/4NE1/4)OF SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF TIIII 6tb P.M.,BEING A PORTION OF THAT PARCEL OF LAND CONVEYED IN BOOK 203 AT PAGE 307 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY,COLORADO DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT A POINT WHENCE THE 1986 BLM ALUMINUM CAP SET FOR CORNER NO.7 MS 5840am AND CORNER NO. 2 MS 14548 BEARS S20'03'20"W 748.51 FEET; THENCE S17042'33"E 20.00 FEET; THENCE S73051'24"W 28.22 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 401144 OF THE PITKIN COUNTY RECORDS; THENCE N75024'00"W 65.57 FEET ALONG SAID NORTH LINE; THENCE NORTHEASTERLY 85.88 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 184.47 FEET(CHORD BEARS N83°00'02"E 85.11 FEET) TO THE POINT OF BEGINNING CONTAINING 1,026 SQUARE FEET MORE OR LESS. PARCEL B BEGINNING AT A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.401144 OF THE PITKIN COUNTY RECORDS WHENCE THE 1986 ALUMINUM CAP SET FOR CORNER NO.7 MS 5840am AND CORNER NO. 2 MS 14548 BEARS S03004'33"W 728.47 FEET; THENCE NORTHWESTERLY 20.07 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 56.22 FEET(CHORD BEARS NOS°35'30"W 19.96 FEET); THENCE NOl°38'00"E 54.81 FEET; THENCE S88019'11"E 16.12 FEET; THENCE S01040'49"W 51.06 FEET; THENCE SOUTHEASTERLY 41.81 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 31.56 FEET(CHORD HEARS S35"45'50"E 38.82 FEET); THENCE S73039'57"E 27.64 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.401144 OF THE PITKIN COUNTY RECORDS; THENCE N75024'00"W 64.49 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING CONTAINING 1,348 SQUARE FEET MORE OR LESS. COUNTY OF PITKIN STATE OF COLORADO EXHIBIT 17094K A to Quit Claim Deed v . I of 3 EXHIBIT A to RULE AND ORDER 170941 ITKIN OUNTY ISTRICT COURTr CASE NO. 99 CV 38-1 PAGE 1 OF 3 III IN 446194 08/17/2000 02:16P ORDINANC DAVIS SILVI 12 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A LEGAL DESCRIPTION STONEHENGE STAR PROPERTIES TO PITKIN COUNTY A PORTION OF THE BONANZA PLACER MINING CLAIM, (U.S. SURVEY NO. 5840am)AND A PORTION OF THE GOOD LUCK PLACER MINING CLAIM, (U.S. SURVEY NO, 14548), MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER(NW 1/4NE1/4)OF SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6" P.M.,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 401144 OF THE PITKIN COUNTY RECORDS WHENCE THE 1986 BLM ALUMINUM CAP SET FOR CORNER NO. 7 MS 5840am AND CORNER 2 MS 14548 BEARS S 21014'31"W 718.61 FEET; THENCE N75024'00"W 243.31 FEET ALONG SAID NORTH LINE; THENCE SOUTHEASTERLY 67.59 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 60.00 FEET(CHORD BEARS S42°04'02"E 64.07 FEET); THENCE S74020'19"E 81.71 FEET; THENCE 116.46 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 168.27 FEET(CHORD BEARS N85050'05"E 114.15 FEET)TO THE POINT OF BEGINNING CONTAINING 7,031 SQUARE FEET MORE OR LESS GROSS OF WHICH 2,680 SQUARE FEET 15 IN THE EXISTING ROADWAY. COUNTY OF PITKIN STATE OF COLORADO EXHIBIT A Ito Quit Cl—aim 2- of 3 r III IN 446164 08/17/2000 02:16P ORDINRNC DAVIS SILVI 13 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO LEGAL DESCRIPTION STONEHENGE ROADWAY.&BRIDGE MAINTENANCE EASEMENT A PORTION OF THE BONANZA PLACER MINING CLAIM, (U.S. SURVEY NO. 5840am)AND A PORTION OF THE GOOD LUCK PLACER MINING CLAIM, (U.S. SURVEY NO. 14548), MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER(NWl/4NE1/4)OF SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6°i P.M.,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE 1986 BLM ALUMINUM CAP SET FOR CORNET NO. 7 MS 5840am AND CORNER 2 MS 14548 BEARS S 16°49'IT'W 684.66 FEET; THENCE WESTERLY 52.19 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 168.27 FEET(CHORD BEARS N 83°13'27"W 51.98 FEET); THENCE N74020'19"W 81.71 FEET; THENCE 24.16 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 60.00 FEET(CHORD BEARS N62°48'05"W 24.00 FEET); THENCE S38044'08"W 13.00 FEET; THENCE SOUTHEASTERLY 29.40 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 73.00 FEET(CHORD BEARS S62"48'08"E 29.20 FEET); THENCE S74020'19"E 81.71 FEET; THENCE 56.22 FEET ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 181.27 FEET (CHORD BEARS S83°13'2T'E 56.00 FEET); THENCE N02006'38"W 13.00 FEET TO THE POINT OF BEGINNING CONTA1N1NU 2,115 SQUARE FEET MORE OR LESS.. COUNTY OF PITKIN STATE OF COLORADO EXHIBIT A Ito Quit Claim i of 3 r { I -46194 08/17/2000 02:16MRRDINAANK DAVIS SILVI 3 of 13 R 65.00 D 0.00 N 0.00 PITKIN COUNTY CO EASEMENT AGREEMENT "� This easement agreement is made and entered into this '?A day of J AQ"H , 2000, by and between Raleigh Property,L.P.,a California limited partnership,(hereinafter referred to as the"Grantor") and the Board of County Commissioners of Pitkin County, Colorado, a Colorado home rule county (hereinafter referred to as the"Grantee"). WITNESSETH THAT For Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Grantor has this date bargained,conveyed,delivered,transferred, and sold,and by these presents,does bargain,convey,deliver,transfer,and sell unto the Grantee,a non- exclusive easement over the lands described in Exhibit"A"attached hereto and incorporated herein by reference (hereinafter referred to as the"Easement Area'. The easement is for the benefit of the Grantee and is subject to the following terms and conditions: I. Grantee's Rights. The Grantee shall have the right to use and occupy the Easement Area for the purpose ofmaintenance and repair ofMidnight Mine Road and Midnight Mine Bridge,including snow removal and snow storage. 2. Maintenance and Repair. a. Grantee shall complete the reconstruction of Grantor's stone masonry wall located in the Easement Area by August 1,2000,in accordance with General Layout prepared by Range Construction, Inc., dated December 9, 1997, attached hereto as Exhibit B. To the extent practicable, Grantee shall reconstruct the relocated portions of the wall to their prior condition. b. The Grantee shall, in connection with its uses, make all reasonable efforts to avoid damage to the Easement Area and the improvements and landscaping located thereon. In connection with its uses, Grantee shall maintain and repair the Easement Area at all time in good condition, and shall repair or replace any damage to the Easement Area, including the improvements and landscaping presently located thereon, occasioned by its use of the Easement Area. Grantee shall not be responsible for the maintenance and repair of improvements and landscaping to the Easement Area constructed or installed after the date of this Easement Agreement, except as required above. 3. Snow Removal and Snow Store. In connection with the Grantee's use ofthe Easement Area for snow removal and snow storage,the Grantee shall be prohibited from interfering with access to the Grantor's property from either entrance adjacent to the Midnight Mine Road,above or below the Midnight Mine Bridge. Snow storage shall not occur in such a manner as to impair the sight distance from vehicles entering or exiting the Grantor's property from either entrance. 4. Prohibited Uses. Grantee shall be prohibited from excavating the Easement Areas. Public parking shall be excluded from the Easement Area, and the Grantee shall not store vehicles or equipment thereon except in connection with the exercise of its right under this Easement Agreement. w..a.w..ice^+ +wu+y,u.nwsr�.�.wiaoo..m 1 I IIIIII IIIII IIIIII I'II"IIIII 'II"IIIII III III'I IIII IN 446195 08/17/2000 02:17P EASEMENT DAVIS SILVI 1 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 446194 08/17/2000 02:16P ORDINANC DAVIS SILVI 4 of 13 R 65.00 D 0.00 N 0.00 PITKIN COUNTY CO 5. Grantor's Rights. Grantor, its successors and assigns, shall have the right to use and occupy the Easement Area for any lawful purpose not inconsistent with Grantee's full enjoyment of the rights hereby granted. 6. Indemnification and Hold Harmless. To the extent authorized by law, Grantee shall indemnify and hold harmless the Grantor from any liability arising out of Grantee's exercise of its rights under this Easement Agreement. Accordingly, any liability for personal injury or property damage to the Grantee, its employees, agents, invitees, or third persons, as a result of or arising out of or relating to the use and occupancy of the Easement Area by Grantee shall be borne by Grantee. Nothing in this Agreement shall be construed as a waiver of Grantee's rights under the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et sea. 7. Duration. This easement shall be perpetual. However in the event that the Grantee vacates Midnight Mine Road or the portion thereof adjacent to the Easement Area,this easement shall automatically terminate. 8. Covenant Running With the Land. This Easement Agreement shall constitute a covenant running with the land and be binding upon the parties' successors and assigns. IN WI REOF, the parties have en red into this Easement Agreement on the date set forth ab eorge ntha 4lzxuy Shellie Harper Chairman O Chairperson Raleigh Enterprises, LLC ' y Board of County Commissioners General Partner o 1b% of Pitkin County, Colorado Raleigh Property L.P. tQ .: 8gn0 STATE OF CALIFORNIA ) ) ss. CITY AND COUNTY OF LOS ANGELES ) Acknowledged before me this � day of March, 2000, by George I . Rosenthal, as Chairman, Raleigh Enterprises, LLC, General Partner, Raleigh Property, L.P. Witness my hand and official seal. My commission expires: /6 —,3( —O o2 'Wary blic , NOTARY BLOCK TO FOLLOW AW D.JOROM IIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII ININ2 � N t�ayyRWon#iCdkmty 446195 08/17/2000 02:17P EASEMENT DAVIS SILVI Los Angeles cm* 2 of 6 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO MVCarrm 8Ph%Od31,=)2 r • STATE OF COLORADO ) Notary Public ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this � ay of,_J by Chai e §6i!C, Board of County Co sio ers of Pitkin ty, Colorad WITNESS my hand and official seal. commission expires:/Q-��- a� 2. N t Public �STE ..s `---� I IIIIII 11111111111 IIIII IIIIII IIII IIIIII III IIIII IIII IIII , r,'•.PV 8�� 448184 08/17/2000 02:16P ORDINRNC DAVIS SILVI s, 6 of 13 R 65.00 D 0.00 N 0.00 PITKIN COUNTY CO t or cc' IIIIII IIIII IIIIII IIIII IIIIII IIII IIIIII III IIIII IIII IIII 446185 08/17/2000 02:17P EASEMENT DAVIS SILVI 3 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO w.e.rarrKew.�n+«.we..we...a[�..oaimo.w 3 ♦L.. 446194 08/17/2000 02:16P ORDINANC DAVIS SILVI 6 of 13 R 68.00 D 0.00 N.0.00 PITKIN COUNTY CO PARCEL_ S_C•D&E EASEMENT CONVEYANCE A PORTION OF THE BONANZA PLACER MINING CLAIM,(U.S. SURVEY NO. 5840am)AND A PORTION OF THE GOOD LUCK PLACER MINING CLAIM, (U.S. SURVEY NO, 14548)SITUATED IN SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE a P.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: THREE(3)TRACTS OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER(NW 1/4NE1/4)OF SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 203 AT OF PAGE 07 OF THE REAL ESTATE RECORDS OFRTION 01;THAT FPPITKIN COUNTY,CEL OF LAND ONVEYED CO O BOOK DESCRIBED AS FOLLOWS: EASEMENT C BEGINNING AT A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.401144 OF THE PITKIN COUNTY RECORDS WHENCE THE 1986 ALUMINUM CAP SET FOR CORNER NO. 7 MS 5840am AND CORNER 2 MS 14549 BEARS S03°04'33"W 728.47 FEET; THENCE NORTHWESTERLY 20.07 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 56.22 FEET(CHORD BEARS N08035'30"W 19.96 FEET); THENCE N01°38'00"E 54.81 FEET; THENCE N88°19'11"W 11.88 FEET; THENCE SO1°40'49"W 59.24 FEET; THENCE SOUTHEASTERLY 12.02 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 60.00 FEET(CHORD BEARS S04003'31"E 12.00 FEET)TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.401144 OF THE PITKIN COUNTY RECORDS; THENCE S75024'00"E 14.65 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING CONTAINING 877 SQUARE FEET MORE OR LESS. EASEMENT D BEGINNING AT A POINT WHENCE THE 1986 BLM ALUMINUM CAP SET FOR CORNER NO. 7 MS 5840am AND CORNER 2 MS 14548 BEARS S20°03'20"W 748.51 FEET; THENCE N17042'33"W 12.00 FEET; THENCE WESTERLY 79.59 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 138.20 FEET(CHORD BEARS S82028'33"W 78.49 FEET); THENCE N0800l125-E 10.00 FEET; THENCE WESTERLY 14.80 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 128.20 FEET(CHORD BEARS N77°38'46"W 14.79 FEET); THENCE N74020'19"W 86.04 FEET; THENCE 9.24 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 7.00 FEET(CHORD BEARS N36°32 0 FE 8.58 IIII III Hill 1111111111111111111111111111111111111111111111 III' II I I"II I II 'I I I fill 11 III IIII IIII INTHENCE N88°44'38"W 10.0 FEET; THENCE NOl°15'20"E 53.47 FEET; 446195 08/17/2000 02:17P EASEMENT DAVIS SILVI THENCE N88019'11"W 11.61 FEET; 4 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO THENCE Sol°40'49"W 51.06 FEET; 17094I EXHIBIT A x ... ,;. �irtr� rnS\n.), . .. -:...a1`_m"R.:aa7S:Sffi_`•.- i.. x ...,....�,,... . _ _ - THENCE SOUTHEASTERLY 41.81 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 31.56 FEET(CHORD BEARS S35045'50"E N 38.82 FEET); THENCE 573039'57"E 27.64 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.401144 OF THE PITK N COUNTY RECORDS; THENCE S75024'00"E 73,07 FEET ALONG SAID NORTH LINE; THENCE NORTHEASTERLY 85.88 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 194.47 FEET(CHORD BEARS N83000'02"E 85.11 FEET) TO THE POINT OF BEGINNING CONTAINING 4,281 SQUARE FEET MORE OR LESS. EASEMENT E BEGINNING AT A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 401144 OF THE PTTKIN COUNTY RECORDS WHENCE THE 1986 ALUMINUM CAP SET FOR CORNER NO.7 MS 5840am AND CORNER NO. 2 MS 14548 BEARS S21014'31'W 718.61 FEET; THENCE NORTHEASTERLY 6.70 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 168.27 FEET(CHORD BEARS N64050'25"E 6.70 FEET); THENCE N17042'33"E 12.00 FEET; THENCE S73051'24"W 28.22 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO. 4011"OF THE PTTKIN COUNTY RECORDS; THENCE 575024'00"E 25.52 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING CONTAINING 224 SQUARE FEET MORE OR LESS. COUNTY OF PTTKIN STATE OF COLORADO SSILV17094E 446194 081 /2000 02 S�Nimpic IN I SIL I 7 of 13 RIGS.00 D 0.00 N 0.00 PIT l II'lll fill "III' IIIII 1IIIII 'll' IIIIII III 'llll fill IN 17094I 446195 08/17/2000 02:17P EASEMENT DAVIS SILVI 5 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 - r 1 1.��'•` • ly-1!'AOD f� n1;AOD 0 • �, I O o SS o Y, x �.1u�Uymu^5 a=1N•'oum i J t yNp�ON t.�i'�Q g s S M F yuN. a• y G "qr,S > n f < 'a{ 8 f a z m + Sloe• I,,[!It ig % CY V.P.C.STA 9.50 EL 9 p SOBN�� IL si Yal x e ELEV.E252.93 , 1 a _ N 6 9 }I■• •_•�___�.. �DID a IL 9319E !'!to ` V.P.T.STA V-M I 4 �pMa�3 -, ELEV.a2W.U- f1 • -T -- '..' o Bm aZip I �•:. JI d a F7 •I t''-' 9 p J N I w N Pl '' Crak Y m NEB 108 IRW '? Y o _L 11 p nl V,C k zi o �g 8f r� 0 -+ C.ad iJ r• i i i �f.i'; {?:&'IB•01 WS'0•d �>O aT �? V.P.C.STA 11.20 FD yyo�o �f ' •,'r j L,Rpp�yy EL l,lt' ! ;:t1�•, �YNI=` y ELEV.5249.33 ,C_ J roF 1, ° a =M p IIIIIIIIIIIEEE $$p yti tc i : \ y �W W d wC7 p o A,I / SN ` ' 931YE W m N DIEEEIIIIIIIIr a @S N $ V.P.T.5Tw 12.00 1YS y\�� 1 V• ` dip `;`\t 6° BBB i ELEV.8232.91'1 8 \ 8~ �� � m m I V � 4 IL I',gZN�n � •, �� =m 1 I...i....E...i...l 1' 1 Oil? want tm*x9 �Q w pA pfV.,C7.401 -m ED E 4 r a Q O r � Y/.0 STA 4S0 S N �Q V lSl •3p ae F E h a V N VP ST •w o rn M I � EXHIBIT m S ;K g @ 9 O v.P.e sr49M nuu a O a 2 y a i C f i b a• 4 � Yntv.T& R c T{ • v � t2 Z ao Pg r n U 3 y VP�fAS�39 `ro' Ian 16194 08/17/2000 02:16P ORDINRNC DV VI 9 of 13 R 65.00 D 0.00 N 0.00 PITKIN COUNTY CO QUIT CLAIM DEED THIS DEED made this cY f� day of k1'7A 2Ctf 2000 between RALEIGH PROPERTY,L.P.,a California limited partnership,whose legal address is 100 Wilshire Boulevard, 8th Floor, Santa Monica, CA 90401, Grantor, and the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, and whose legal address is 530 East Main Street, Aspen, Colorado, 81611, Grantee: WITNESSETH: That the Grantor, for and inconsideration of Ten Dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,have remised,released, sold, conveyed and QUIT CLAIM unto the Grantee, its successors and assigns, forever, without warranty, the real property, together with improvements, if any, situate, lying and being in the County of Pitkin and the State of Colorado, described as follows: See Exhibit A attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise[hereunto appertaining,all the estate,right,title interest and claim whatsoever, of the Grantor, either in law or in equity, to the only proper use,benefit and behoof of the Grantee, its successors and assigns forever. IF ANY TERM or provision ofthis Quit Claim Deed would otherwise violate the rule against perpetuities or the rule restricting restraints on alienation,such term or provision shall automatically expire and be of no further force or effect,on the day before the expiration of ninety(90)years from the date of this deed. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. RALEIGH P RTY, L.P. George a Chairman Raleigh Enterprises, LLC General Partner Raleigh Property, L.P. NOTARY BLOCK FOLLOWS l lilill illil llllll Illil llllll IIIII IIIII III IIIII llll I'll 446196 08/17/2000 02:23P OCD DAVIS SILVI 1 of 5 R a.00 D 0.00 N 0.00 PITKIN COUNTY CO I llll 46194 08/17/2000 62:16P ORDINANC DAVIS SILVI 10 of 13 R 65.00 D 0.00 N 0.00 PITKIN COUNTY CO STATE OF CALIFORNIA ) ss. CITY AND COUNTY OF LOS ANGELES ) Acknowledged before me this Q)- day of March, 2000, by George I . Rosenthal, as eneral P Chairman, Raleigh Enterprises, LLC, Gartner, Raleigh Property, L.P. Witness my hand and official seal. My commission expires: A0 3/-cl a o ary ub 1c AMY D.JORDAN Commission k 1200285 cn ,A Notary Public-California Los Angeles County key Oct 31,2rM IIIIII IIIII IIIIII IIIII IIIIII IIIII IIIII III IIIII IN IIII 445195 08/17/2000 02:23P OCD DAVIS SILVI 2 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO II i 446194 88/17/2000 02:16P ORDINRNC 411S SILVI 11 of 13 R 65.00 D 0.00 N 0.00 PITKIN COUNTY CO PARCEL A&B I A PORTION OF THE BONANZA PLACER MINING CLAIIv1,(U.S. SURVEY NO. 5840am)AND A PORTION OF THE GOOD LUCK PLACER MINING CLAIM,(U.S.SURVEY NO. 14548)SITUATED IN SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE a P.M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: TWO(2)TRACTS OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTI[EASI' QUARTER(NW 1/4NE1/4)OF SECTION 26,TOWNSHIP 10 SOUTH;RANGE 85 WEST OF TI IE& P.M.,BEING A PORTION OF THAT PARCEL OF LAND CONVEYED IN BOOK 203 AT PAGE 307 OF THE REAL ESTATE RECORDS OF PITKIN COUNTY,COLORADO DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT A POINT WHENCE THE 1986 BLM ALUMINUM CAP SET FOR CORNER NO.7 MS 5840am AND CORNER NO. 2 MS 14548 BEARS S20003' "W 748.51 FEET; THENCE SIr42'33"E 20.00 FEET; THENCE S73"51'24"W 28.2.2 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.4011"OF THE PITKIN COUNTY RECORDS; THENCE N75'24'00"W 65.57 FEET ALONG SAID NORTH LINE; _ THENCE NORTHEASTERLY 85.88 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 184.47 FEET(CHORD BEARS N83°00'02"E 85.11 FEET) TO THE POINT OF BEGINNING CONTAIMNO 1,026 SQUARE FEET MORE OR LESS. PARCEL B BEGINNING AT A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.401144 OF THE PITKIN COUNTY RECORDS WHENCE THE 1986 ALUMINUM CAP SET FOR CORNER NO.7 MS 5840am AND CORNER NO. 2 MS 14548 BEARS S03004'33"W 728.47 FEET; THENCE NORTHWESTERLY 20.07 FEET ALONG MIE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 56.22 FEET(CHORD BEARS NUB°35'30"W 19.96 FEET), THENCE NO1°38'00"E 54.81 FEET; THENCE S88"19'11"E 16.12 FEET; o THENCE SO1°40'49"W 31.06 FEET; THENCE SOUTHEASTERLY 41.81 FEET ALONG THE ARC OF A NON-TANGENTIAL = > CURVE TO THE LEFT WHOSE RADIUS IS 31.56 FEET(CHORD DEARS S35°45'50"E 38.82 FEET); W WIN THENCE S73039'.57"E 27.64 FEET TO THE NORTH LINE OF THAT PARCEL OF LAND a$ DESCRIBED IN RECEPTION NO.401144 OF THE PITKIN COUNTY RECORDS; =a z THENCE N75024100"W 64.49 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING CONTAINING 1,348 SQUARE FEET MORE OR LESS. n —o MEMO mom COUNTY OF PITKIN m STATE OF COLORADO —n z EXHIBIT �N m �mm —wm 17094K A to Quit Claim Inc Deed o�m . 1 o f 3 EXHIBIT A to RULE AND ORDER m 170941 FITKINCOUNTY ISTRICT COURTS CASE NO. 99 CV 38-1 �m PAGE 1 OF 3 =S n �w �w 0 . ��III�IIlI-IIINHIHI-ItNIf-ItIHNI1�N-11111�1III� 446164 O6/17/2000 02:16P ORDINRNC DAVIS SILVI 12 of 13 R 65.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A LEGAL DESCRIPTION STONEHENGE STAR PROPERTIES TO PITKIN COUNTY A PORTION OF THE BONANZA PLACER MINING CLAIM,(U.S. SURVEY NO. 5840am)AND A PORTION OF THE GOOD LUCK PLACER MINING CLAIM,(U.S. SURVEY NO. 14548), MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER(NWI/4NE1/4)OF SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6°i P.M.,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NO.401144 OF THE PITKIN COUNTY RECORDS WHENCE THE 1986 BLM ALUMINUM CAP SET FOR CORNER NO. 7 MS 5840am AND CORNER 2 MS 14548 BEARS S 21014'31"W 718.61 FEET; THENCE N75°24'00"W 243.31 FEET ALONG SAID NORTH LINE; THENCE SOUTHEASTERLY 67.59 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 60.00 FEET(CHORD BEARS S42°04'02"E 64.07 FEET); THENCE S74020'19"E 81.71 FEET; THENCE 116.46 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 168.27 FEET(CHORD BEARS N85°50'05"E 114.15 FEET)TO THE POINT OF BEGINNING CONTAINING 7,031 SQUARE FEET MORE OR LESS GROSS OF WHICH 2,680 SQUARE FEET 15 IN THE EXISTING ROADWAY. COUNTY OF PITKIN STATE OF COLORADO IIIIII IIIII 11111111111111111111111 IIIII IIIII III IIIII IIII IIII 446186 08/17/2000 02:23P OCD DAVIS SILVI 4 of 5 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A Ito Quit Claim 2 / I446194 08/17/2000 02:1611 ORDINRNC DRVIB SILVI 13 of 13 R 65.08 D 9.00 N 0.00 PITKIN COUNTY CO LEGAL DESCRIPTION STONEHENGE ROADWAY&BRIDGE MAINTENANCE EASEMENT A PORTION OF THE BONANZA PLACER MINING CLAIM,(U.S. SURVEY NO. 5840am)AND A PORTION OF THE GOOD LUCK PLACER MINING CLAIM,(U.S. SURVEY NO. 14548),MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND SITUATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER(NW 1/4NE1/4)OF SECTION 26,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6"' P.M.,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE 1986 BLM ALUMINUM CAP SET FOR CORNET NO. 7 MS 5840am AND CORNER 2 MS 14348 BEARS S 16049'17'W 684.66 FEET; THENCE WESTERLY 52.19 FEET ALONG TIME ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT WHOSE RADIUS IS 168.27 FEET(CHORD BEARS N 83-13.27-W 51.98 FEET); THENCE N74020'19"W 81.71 FEET; THENCE 24.16 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 60.00 FEET(CHORD BEARS N62-48'05"W 24.00 FEET'); THENCE S38044'08"W 13.00 FEET; THENCE SOUTHEASTERLY 29.40 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE LEFT WHOSE RADIUS IS 73.00 FEET(CHORD BEARS S62°48'08"E 29.20 FEET); THENCE S74020'19"E 81.71 FEET; THENCE 56.22 FEET ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 181.27 FEET (CHORD BEARS S83"13'27"E*(X)FEET'); THENCE N0200638"W 13.00 FEET TO THE POINT OF BEGINNING CONTAININIi 2,115 SQUARE FEET MORE OR LESS.. COUNTY OF PITKIN STATE OF COLORADO I IIIIII IIIII IIIII' IIIII 'lll'I IIIII 'llll III IIIII IIII IIII 446196 08/17/2000 02:23P OCD DAVIS SILVI 5 of 6 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A Ito Quit Claim 3 oY 3