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Home My WebLink Aboutbocc.ord.033.19991111111 11111 111111 111111111111111 1111111 11111 I111 1111 437020 10/25/1999 02:52P ORDINANC DAVIS SILVI 1 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AUTHORIZING THE RIGHT OF ENTRY, POSSESSION AND USE, AND CONVEYANCE OF VARIOUS COUNTY PROPERTIES TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE AIRPORT TO BUTTERMILK HIGHWAY 82 EXPANSION ORDINANCE NO. 99- 33 Recitals 1. The Colorado Department of Transportation ("CDOT") is commencing right-of- way acquisition for the Highway 82 expansion from the airport to Buttermilk. 2. CDOT has identified various parcels of County land which must be acquired in connection with this section of Highway 82 expansion. The legal descriptions of all County parcels necessary for the highway expansion are attached hereto as Exhibit 1 and incorporated by this reference (the "County Properties") 3. CDOT wishes to obtain a right of entry on the County Properties in order to advertise for bids for the construction project this fall, and for possible utility relocations. The projected date for commencement of bidding may happen sooner than completion of the appraisals for the County Properties. 4. The County recognizes CDOT's power of eminent domain and recognizes that the only issue with respect to CDOT's acquisition of the County Properties is the fair market value to be paid for such properties. It is in the best interests of the public to allow CDOT to proceed with this portion of highway construction as quickly as possible, so long as the County's interests are protected. 5. Following completion and County review of the fair market value appraisals for the County Properties, the County will enter into a possession and use agreement with CDOT in order to allow construction to begin. 6. It is anticipated that fair market value reflected in the appraisals for the County Properties may be used as a credit for the County's ownership of the Stapleton property, to be acquired jointly by CDOT and the County, and that no cash consideration may be paid to the County for the County Properties prior to actual construction of the highway improvements. 7. It is anticipated that there will be further agreement between CDOT and the County conceming the consideration for acquisition of the County Properties by CDOT and acquisition of the Stapleton property by the County. 8. It is in the best interests of the public to authorize the right of entry, a possession and use agreement, and eventual conveyance of the County Properties to CDOT, subject to approval of an agreement concerning consideration. 1111111 11111 Bill 11111111 IIIII IIII IIII 437020 10/25/1999 02:52P ORDINRNC DAVIS SILVI 2 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO Ordinance No. 99- Page 2 NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin County, Colorado that CDOT be granted a right of entry to the County Properties described in Exhibit 1; that a possession and use agreement for the County Properties be executed prior to commencement of construction on the County Properties by CDOT; and that the County Properties be conveyed to CDOT; and the County Manager is authorized to sign a right of entry and a possession and use agreement for the County Properties upon terms and conditions substantially the same as those set forth in Exhibits 2 and 3, and that the Chair is authorized to sign necessary documents to convey the County Properties to CDOT on the following conditions: 1. A possession and use agreement may not be executed until such time as a fair market value appraisal for the County Properties has been completed and reviewed by the County. 2. The County Properties shall not be conveyed to CDOT until such time as the Board of County Commissioners has approved an agreement with CDOT concerning consideration for CDOT's acquisition of the County Properties and for the County's acquisition of the Stapleton property. INTRODUCED AND FIRST READ AND SET FOR PUBLIC HEARING ON THE 8th DAY OF SEPTEMBER, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 11TH DAY OF SEPTEMBER,1999. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 22ND DAY OF SEPTEMBER, 1999. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 2ND DAY OF OCTOBER, 1999. THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD. AT : BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeani Jones, Depu ' lerkt,PA Lamdrtf eP , Chair Date: )o/ S/ 9 7 1 111111 11111 111111 11111 111111 Hill 11111 III IIIII IIII 1111 Ordinance No. 99- Page 3 437020 10/25/3999 02:S2P ORDINRNC DAVIS SILVI 3 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO APPROVED AS TO FORM: Deborah Quinn, County Atttq y_ 99 c:thome\ymnebrds\anPoNmttermia4d0c ( l han, County Manager EXHIBIT 1 CONTRACT PROJECT NUMBER: NH 0821-051 UNIT 1 TEMPORARY EASEMENT NUMBER: TE-101 Project Code: 12269 Date: August 2,1999 DESCRIPTION A Temporary easement No. TE-101 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.161 acres, more or less, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point from which the Southeast corner of said Section 34 bears South 41°43' 39" East a distance of 3,141.13 feet; 1. Thence South 23° 52' 15" East a distance of 246.40 feet; 2. Thence South 29° 16' 24" East a distance of 69.71 feet; 3. Thence South 61° 04' 09" West non -tangent with the following described curve a distance of 21.53 feet to a point on the Easterly Right of Way line of said State Highway 82, Project No. A.I.P. Project 3-08-0003-12; 4. Thence along said Easterly Right of Way line and along the arc of a curve to the right having a radius of 2204.33 feet, a central angle of 08°17' 44", an arc length of 319.15 feet , a (chord bearing of North 24° 47' 07" West a distance of 318.88 feet); 5. Thence North 69° 21' 49" East, a distance of 20.00 feet to the POINT OF BEGINNING. The above described temporary easement contains 6,992 square feet (0.161 acres), more or less. The above described temporary easement acquired for the construction of a bus pad. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2,5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial 10822 W. Toiler Drive Littleton, CO 80127 Y91573231RO ALEGAt S TE-II11.WPD August 2. I9' ttttttttttttttttttttt .o`0,,00 REG/s�#,,,� i�° �/1/49 A� ' ✓ 24313 �J <C ✓a 1 LA I IIIIII "III IIIIII IIIII IIIIII IIIII IIIII III IIIII IIII I"I 437020 10/28/1989 02:82P ORDINRNC DAVIS SILVI 4 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO NISI' III 437020 10/25/1999 02:52P ORDINANC DAVIS SILVI 5 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: 101 Project Code: 12269 Date: May 27,1999 DESCRIPTION A tract or parcel of land No. 101 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.132 acres, more or less, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Southerly line of a parcel of land described in deed recorded October 22, 1982, in Book 434, Page 499, in the records of Pitkin County, from which the Southeast corner of said Section 34 bears South 44° 52' 31" East, a distance of 2,678.34 feet; 1. Thence South 59° 46' 37" West, along said Southerly line, a distance of 43.28 feet to a point on the Easterly Right of Way line of Colorado State Highway 82, Project No. AWP 2012-B November 1937; 2. Thence North 30° 18' 31" West, along said Easterly Right of Way line, a distance of 131.97 feet; 3. Thence North 60° 00' 16" East, a distance of 44.00 feet; 4 Thence South 29° 59' 44" East, a distance of 131.80 feet to the POINT OF BEGINNING. The above described parcel contains 5,755 square feet (0.132 acres), more or less. BASIS OF BEARING: South 89° 12' 25" Fast. 2703.97 feet. along the South line of the Southeast Quarter of Section 34. Township 9 South. Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast comer of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 ••,ppunnrgpr �c)* REG/sr• r�p 0k F9 cay 24313 o T !4 S '%, A ( to f ,,, ,� ',,4uuu,l,I"• H \I57323\ROW,LEGALS\TK-IIII WPD May 27, 1999 1111111 11111 111111 111111111111H IIIII III IIIII IIII IIII 437020 10/25/1999 02:52P ORDINRNC DAVIS SILVI 6 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 ACCESS PARCEL NUMBER: 101 Project Code: 12269 Date: May 27,1999 DESCRIPTION EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 82, a Highway established according to the laws of the State of Colorado, and from and to any part of the property of the Grantor in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: NH 0821-051 UNIT 1 101 Easterly (Project No.) (Parcel No.) (Location of Line) BEGINNING at a point on the Southerly line of a parcel of land described in deed recorded October 22, 1982 in Book 434, Page 499, in the records of Pitkin County, from which the Southeast corner of said Section 34 bears South 44° 52' 31" East, a distance of 2,678.34 feet; Thence North 29° 59' 44" West a distance of 131.80 feet to the terminus of this description. NO ACCESS POINT BASIS OF BEARING: South 89°12' 25" East, 2,703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" brass cap, I.S 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 HM57323 ROWLLPCALSLAC-101. WPo May 27. 1997 Page 2 11111111111111111111111III 1111111111III 1111111111111 437020 10/25/1999 02:52P ORDINANC DAVIS SILVI 7 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 TEMPORARY EASEMENT NUMBER: TE-103 Project Code: 12269 Date: May 27,1999 DESCRIPTION - A temporary easement No. TE-103 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit i containing 0.031 acres more or less, said tract or parcel being a part of the Greenbelt in Block 6, Amended and Restated Plat of Aspen Airport Business Center Filing No. I, recorded April 16, 1979 in Plat Book 7, Page 79 in the records of Pitkin County, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said temporary easement being more particularly described as follows: BEGINNING at a point on the Southerly line of said Greenbelt, from which the Southeast corner of said Section 34 bears South 55° 10' 01" East, a distance of 1,538.85 feet; 1. Thence South 59° 46' 37" West, along said Southerly line, a distance of 14.53 feet; 2. Thence North 57° 16' 53" West, a distance of 56.15 feet; 3. Thence North 59° 46' 38" East, a distance of 40.00 feet; 4. Thence South 30° 18' 31" East, a distance of 50.00 feet to the POINT OF BEGINNING. The above described temporary easement contains 1,363 square feet (0.031 acres), more or less. The above described temporary easement acquired for the construction of a driveway. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 ,`,,pm llArgpr ` • � �O2 31371A B LAN O ,, H U 57323\ROW\LEGA2STE-103 WPD May 21 1999 IIIIIIIIIII III IIIII IIII IIII 437020 10/25/1989 02:52P ORDINANC DAVIS SILVI 8 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: 103 Project Code: 12269 Date: May 27,1999 DESCRIPTION - A -tract or parcel of land No. 103 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.143 acres more or less, said tract or parcel being a part of the Greenbelt in Block 6, Am;_.ded and Restated Plat of Aspen Airport Business Center Filing No. 1, recorded April 16, 1979 in Plat Book 7, Page 79 in the records of Pitkin County, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Northerly line of said Greenbelt, from which the Southeast corner of said Section 34 bears South 53° 46' 04" East, a distance of 1,725.46 feet; 1. Thence South 30° 18' 31" East, a distance of 136.50 feet; 2, Thence South 57° 16' 53" East, a distance of 56.15 feet to a point on the Southerly line of said Greenbelt; 3. Thence South 59° 46' 37" West, along said Southerly line, a distance of 55.47 feet to a point on the Easterly Right of Way line of Colorado State Highway 82, Project No. AWP 2012-B November 1937; 4. Thence North 30° 18' 31" West, along said Easterly Right of Way line, a distance of 186.50 feet to the Northwest corner of said Greenbelt: 5. Thence North 59° 46' 38" East, along the Northerly line of said Greenbelt, a distance of 30.00 feet to the POINT OF BEGINNING. The above described parcel contains 6,232 square feet (0.143 acres), more or less. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 nitiot ,.•• ; o REG/sF 1 Sh7/Q�% o; 24313�= o ••,„ 4I LAND 144I444444 %%%I', H:\ 157323\ROVALEGA S\TR-103. W PD }try 23. I9' 1 IIIIII IIIII I11111111111111111111111111111111111111111I 437020 10/25/1999 02:52P ORDINRNC DAVIS SILVI 9 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 ACCESS PARCEL NUMBER: 103 Rev. Project Code: 12269 Date: September 1,1999 DESCRIPTION EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 82, a Highway established according to the laws of the State of Colorado, and from and to any part of the property of the Grantor in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: NH 0821-051 UNIT 1 103 Rev. Easterly (Project No.) (Parcel No.) (Location of Line) BEGINNING at a point from which the Southeast corner of said Section 34 bears South 55° 40' 03" East, a distance of 1,556.26 feet; 1. Thence South 57° 16' 53" East, a distance of 11.23 feet to a point on the Southerly line of the Greenbelt in Block 6. Amended and Restated Plat of Aspen Airport Business Center Filing No. 1, recorded April 16, 1979 in Plat Book 7, Page 79 in the records of Pitkin County, said point also being the point of terminus of this description. NO ACCESS POINT BASIS OF BEARING: South 89°12' 25" East. 2,703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial 10822 W. Toiler Drive Littleton, CO 80127 o3a a l„I,,,,,, `oQPpO REG/s7..„. ti 2 313 ' o H:\IS73I3920WLLEGA S\AC-103.WPD September I. 1997 Page 2 1111111 11111 11111 1111111R 1111 IIIII III 111111 III1111 437020 10/25/1999 02:52P ORDINRNC DAVIS SILVI 10 of 30 R 0 00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: 103 Rev Project Code: 12269 Date: September 1, 1999 DESCRIPTION - A -tract or parcel of land No. 103 Rev of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.012 acres more or less, said tract or parcel being a part of the Greenbelt in Block 6, Amended and Restated Plat of Aspen Airport Business Center Filing No. 1, recorded April 16, 1979 in Plat Book 7, Page 79 in the records of Pitkin County, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point from which the Southeast comer of said Section 34 bears South 55° 40' 03" East, a distance of 1,556.26 feet; 1. Thence South 57° 16' 53" East, a distance of 11.23 feet to a point on the Southerly line of said Greenbelt; 2. Thence South 59° 46' 37" West, along said Southerly line, a distance of 55.47 feet to a point on the Easterly Right of Way line of Colorado State Highway 82, Project No. AWP 2012-B November 1937; 3. Thence North 30° 18' 31" West, along said Easterly Right of Way line, a distance of 10.00 feet; 4. Thence North 59° 46' 37" East, a distance of 50.37 feet to the POINT OF BEGINNING. The above described parcel contains 529 square feet (0.012 acres), more or less. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34. Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 II\I57323\ROW\LEGALS\TK1113REV.WPO Scpmmhcr 1. 1999 I Iltlll n1n�� HMI loll lilt linnn lilt III IIQII III I1II 11 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 TEMPORARY EASEMENT NUMBER: TE-104-A Project Code: 12269 Date: May 27,1999 DESCRIPTION A temporary easement No. TE-104-A of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.191 acres more or less, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Westerly Right of Way line of Colorado State Highway 82, Project. No. AWP 2012-B November 1937, from which the Southeast corner of said Section 34 bears South 72°00' 43" East, a distance of 1,227.98 feet; 1. Thence North 45° 48' 22" West, a distance of 122.90 feet; 2. Thence North 30° 22' 38" West, a distance of 95.04 feet; 3. Thence North 20° 46' 11" West, a distance of 199.11 feet to a point on said Westerly Right of Way line; 4. Thence along said Westerly Right of Way line, South 30° 18' 31" East, a distance of 396.94 feet to a point of curvature; 5. Thence continuing along said Westerly Right of Way line and along the arc of a curve to the right with a radius of 1860.00 feet. a central angle of 00° 23' 51", an arc length of 12.90 feet and a (chord which bears South 30° 06' 37" East, a distance of 12.90 feet) to the POINT OF BEGINNING. The above described temporary easement contains 8,311 square feet (0.191 acres), more or less. The above described temporary easement acquired for roadway construction.. BASIS OF BEARING: South 89° Quarter of Section 34, Township 9 South Quarter corner of Section 34 being a 2.5" G. Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 12' 25" East, 2703.97 feet, along the South line of the Southeast Range 85 West, of the Sixth Principal Meridian. The South L.O. Brass cap, The Southeast co{pnnoo.$ ction 34 being a 2.5" D0„00 REG/s''% i & pLDF.. 95D ie 511,0 y� o 4 13-e se : o a A( IAN0 o`' '''III ,,,,I,,,,,,a, H \I57323\ROWLLEGAISTE. I04-A. WPD Nay 27. 1999 111111 11111 111111 11111 111111 11111 11111 III 111111 III 1111 437020 10/25/1990 02:52P ORDINRNC DAVIS SILVI 12 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 TEMPORARY EASEMENT NUMBER: TE-104-Rev. Project Code: 12269 Date: September 1,1999 DESCRIPTION A temporary easement No. TE-104-Rev. of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.661 acres more or less, in the Northeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Center Line of existing Owl Creek Road, from which the Northeast corner of said Section 3 bears North 50° 11' 37" East, a distance of 2798.31 feet; 1. Thence along said Center Line of existing Owl Creek Road, North 41° 41' 00" West, a distance of 71.68 feet; 2. Thence continuing along said Center Line of existing Owl Creek Road, North 29° 17' 00" West, a distance of 215.03 feet: 3. Thence continuing along said Center Line of existing Owl Creek Road, North 20° 26' 00" West, a distance of 173.37 feet; 4. Thence South 75° 31' 36" East, a distance of 45.33 feet; 5. Thence South 26° 32' 55" East, a distance of 239.24 feet; Thence South 64° 51' 52" East, a distance of 62.24 feet; 7. Thence South 24° 01' 17" East, a distance of 213.88 feet; 8. Thence South 48° 19' 00" West, a distance of 31.20 teet to a point on said Center Line of existing Owl Creek Road: 9. Thence along said Center Line of existing Owl Creek Road. North 41° 49' 07" West, a distance of 86.33 feet to the POINT OF BEGINNING. 6,. The above described temporary easement contains 28,798 square feet (0.661 acres), more or less, of which (0.259 acres) falls within existing Owl Creek Road, leaving a net area of' (0.402 acres) more or less. The above described temporary easement acquired for the construction of a bike path. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34. Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Gary D. Gable, PLS 24662 MK Centennial 10822 W. Toiler Drive Littleton, CO 80127 •.fl-0t11..1.\Qa` c. 47p ,m“ t H:\I37323R0WLLEGALS\TE-1141-R WPG September I. I NN r) IL I 1 111111 11111 111111 11111 111111 11111 11111 III 111111 III 1111 437020 10/25/1999 02:S2P ORDINANC DAVIS SILVI 13 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO I IIIIII Illll Illlll lir 111111 IIIII IIIII III 111111 III 1111 437020 10/25/1999 02:52P ORDINANC DAVIS SILVI 14 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: 104 Project Code: 12269 Date: September 1,1999 DESCRIPTION A tract or parcel of land No. 104 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 2.691 acres more or less, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, and in the North Half of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point which lies on the Westerly Right of Way line of Colorado State Highway 82, Project No. AWP 2012-B November 1937, from which the Southeast corner of said Section 34 bears South 72° 00' 43" East, a distance of 1,227.98 feet; 1. Thence along said Westerly Right of Way line and along the arc of a curve to the right with a radius of 1860.00 feet, a central angle 33° 57' 10", an arc length of 1,102.21 feet and a (chord which bears South 12° 56' 06" East, a distance of 1,086.16 feet); Thence continuing along said Westerly Right of Way line, South 04° 02' 29" West, a distance of 1,669.10 feet, to a point of curvature. 3. Thence continuing along said Westerly Right of Way line and along the arc of a curve to the left with a radius of 2,342.00 feet, a central angle 14° 18' 38", an arc length of 584.95 feet and a (chord which bears South 03° 06' 50" East, a distance of 583.43 feet); to a point on the centerline of existine Owl Creek Road: 4. Thence along said existing centerline, North 53° 28' 31" West, a distance 86.17 feet; 5. Thence North 04° 42' 42" East. a distance of 109.63 feet; 6. Thence North 02° 08' 26" East distance of 687.67 feet: 7. Thence North 04° 10' 30" East, a distance of 481.87 feet; 8. Thence North 01 ° 29' 23" West, a distance of 431.37 feet; 9. Thence North 09° 33' 41" East, a distance of 264.78 feet; 10. Thence North 02° 05' 48" East, a distance of 394.41 feet; 11. Thence North 03° 43' 24" West. a distance of 97.46 feet; 14 \15732AROVALEOALS\TK-1(14. WPD Sep,emba 1. 1999 12. Thence North 06° 43' 48" West, a distance of 212.79 feet: 13. Thence North 18° 58' 06" West, a distance of 292.63 feet: 14. Thence North 14° 23' 33" West, a distance of 315.91 feet to the POINT OF BEGINNING. The above described parcel contains 117,196 square feet (2.691 acres), more or less, of which (0.030 acres) falls within existing Owl Creek Road, leaving a net area of (2.661 acres) more or less. BASIS OF BEARING: South 89° 12' 25" East. 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast comer of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 •Npntarrrp, ••`•• D0 t REG/ t''o sj F O .. pLD•., i:- O c,00434q��: 13 o 4/4 LA S� ,,n uu,r0' 11111111101111111111111111111111011111111111111 437020 10/25/1999 02:52P ORDINANC DAVIS SILVI 15 of 30 R 0 00 D 0 00 N 0.00 PITKIN COUNTY CO H:\I57323\ROW\LEGAISTK-104 WPD September I. 1999 111111 11111 1111111 11E11 IIIII IIIII III 111111 III 1111 437020 10/25/1999 02:52P ORDINANC DAVIS SILVI 16 of 30 R 0 00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 ACCESS PARCEL NUMBER: 104 Project Code: 12269 Date: June 30, 1999 DESCRIPTION EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 82, a Highway established according to the laws of the State of Colorado, and from and to any part of the property of the Grantor in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, and in the North Half of Section 3, Township 10 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: NH 0821-051 UNIT 1 (Project No.) 104 (Parcel No.) Westerly (Location of Line) BEGINNING at a point on the Westerly Right of Way line of Colorado State Highway 82, (Proj. No. AWP 2012-B Nov. 1937) from which the Southeast corner of said Section 34 bears South 45° 00' 09" East, a distance of 3,217.18 feet; Thence along said Westerly Right of Way line, South 30° 18' 31" East, a distance of 122.04 feet to the center of a 65.00 foot opening which is being excepted from this access limitation; 2. Thence continuing along said Westerly Right of Way line, South 30° 18' 31" East, a distance of 32.80 feet to a point of curvature; 3. Thence along the arc of a non -tangent curve to the left with a radius of 42.00 feet. a central angle of 26° 13' 31", an arc length of 19.22 feet and a (chord which bears South 88° 51' 16" West, a distance of 19.06 feet); 4. Thence South 69° 57' 25" West, a distance of 9.45 feet: 5. Thence South 28° 56' 16" East. a distance of 250.55 feet; 6. Thence South 48° 19' 44" East, a distance of 103.24 feet to a point on the Westerly Right of Way line of said Colorado State Highway 82, (Proj. No. AWP 2012-B Nov. 1937); 7. Thence along said Westerly Right of Way line, South 30° 18' 31" East, a distance of 1,246.40 feet to the center of a 60.00 foot opening which is being excepted from this access limitation; 8. Thence continuing along said Westerly Right of Way line, South 30° 18' 31" East, a distance of 46.29 feet to the point of terminus of this description. Y \ 157323\RO W LLEGAISAC- I O4. W PD August 02. 1999 Page 2 111111 11111 111111 11111 111111 11111 11111 III 111111 III 1111 437020 10/25/1999 02:52P ORDINANC DAVIS SILVI 17 of 30 R 0 00 0 0 00 N 0.00 PITKIN COUNTY CO WIDTH CENTER OF ACCESS OPENING OPPOSITE 65.0 Right 809+85.56 60.0 Right 825+94.41 _ ALSO NH 0821-051 UNIT 1 (Project No.) 104 (Parcel No.) Westerly (Location of Line) BEGINNING at a point on the Westerly Right of Way line of Colorado State Highway 82, (Proj. No. AWP 2012-B Nov. 1937) from which the Southeast corner of said Section 34 bears South 72° 00' 43" East, a distance of 1,227.98 feet; 1. Thence South 14° 23' 33" East, a distance of 315.91 feet; 2. Thence South 18° 58' 06" East, a distance of 292.63 feet; 3. Thence South 06° 43' 48" East, a distance of 212.79 feet; 4. Thence South 03° 43' 24" East, a distance of 97.46 feet; 5 Thence South 02° 05' 48" West, a distance of 394.41 feet; 6. Thence South 09° 33' 41" West, a distance of 70.97 feet to the center of 116.05 foot opening which is being excepted from this access limitation; 7. Thence continuing South 09° 33' 41" West. a distance of 193.81 feet; 8. Thence South 01° 29' 23" East, a distance of 258.38 feet to the center of a 24.00 foot opening which is being excepted from this access opening; 9. Thence continuing South 01 ° 29' 23" East, a distance of 172.99 feet; 10. Thence South 04° 10' 30" West, a distance of 481.87 feet; 11. Thence South 02° 08' 26" West, a distance of 687.67 feet; 12. Thence South 04° 42' 42" West. a distance of 109.63 feet to a point on the centerline of existing Owl Creek Road and the point of terminus of this description. WIDTH CENTER OF ACCESS OPENING OPPOSITE 116.05 Right 844+76.55 24.0 Right 849+26.71 Y:1157323\ROWV.EGALSAC.I04 WPD August 02. I'9N Page 3 IIIIII 11111 Bill IIIII lilt 11111 IIIII III IIIIII III IIII 437020 10/25/1999 02:52P ORDINANC DAVIS SILVI 18 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO BASIS OF BEARING: South 89°12' 25" East, 2,703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial 10822 W. Toiler Drive Littleton, CO 80127 aaaunn,,,�,I ,••`• Qp00 RED/S,%,� c5>�••�PLDe\ :9 41° F g/1i9y'!�'t O s 24313s= CDn o' CP •••• 't,,,, unu at on' Y:\ 157323 RO W UEONSUC. I Pi. W PD August 02, 1999 Page 4 I IIIIII IIIII Bill IIIII IIIIII IIIII IIIII III IIIIII III IIII 437020 10/25/1999 02:52P ORDINRNC DAVIS SILVI 19 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: 104-A Project Code: 12269 Date: June 30,1999 DESCRIPTION A tract or parcel of land No. 104-A of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.200 acres, more or less, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point which lies on the Westerly Right -of -Way line of Colorado State Highway 82 Project No. AWP 2012-B November 1937, from which the Southeast corner of said Section 34 bears South 45° 45' 17" East, a distance of 3,067.24 feet; 1. Thence South 30° 18' 31" East, along said Westerly Right -of -Way line, a distance of 337.68 feet; 2. Thence North 48° 19' 45" West, along said Easterly Right of Way line, a distance of 103.24 feet; 3. Thence North 28° 56' 16" West, a distance of 250.55 feet; 4; Thence North 69° 57' 20" East, a distance of 9.45 feet to a point of curvature; 5. Thence along the arc of a non -tangent curve to the right with a radius of 42.00 feet, a central angle of 26° 13' 33", an arc length of 19.23 feet and a (chord which bears North 88° 51' 16" East, a distance of 19.06 feet) to the POINT OF BEGINNING. The above described parcel contains 8,718 square feet (0.200 acres), more or less. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Gary D. Gable, PLS 24662 MK Centennial 10822 W. Toller Drive Littleton, CO 80127 24662 �G 30`59:�a``'s Y \i57333\6OW\LEGALS\TK-I W-A. W PD lure 30, 1999 1 IIIIII 11111 111111 11111111111111 Hill III 1111111 437020 10/25/1909 02:52P ORDINANC DAVIS SILVI 20 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 TEMPORARY EASEMENT NUMBER: TE-105 Project Code: 12269 Date: May 27,1999 DESCRIPTION A temporary easement No. TE-105 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.046 acres more or less, said tract or parcel being a part of the Greenbelt, Block 2, .Amended and Restated Plat of Aspen Airport Business Center Filing No. I, recorded April 16, 1979 in Plat Book 7, Page 79 in the records of Pitkin County, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said temporary easement being more particularly described as follows: BEGINNING at a point on the North line of said Greenbelt, from which the Southeast comer of said Section 34 bears South 57° 30' 45" East, a distance of 1,502.54 feet; 1. Thence North 59° 46' 37" East. along said North line, a distance of 40.00 feet: 2. Thence South 30° 18' 30" East, a distance of 50.00 feet; 3. Thence South 59° 46' 37" West, a distance of 40.00 feet; 4. Thence North 30° 18' 31" West, a distance of 50.00 feet to the POINT OF BEGINNING.. The above described temporary easement contains 2,000 square feet (0.046 acres), more or less. The above described temporary easement acquired for the construction of a driveway. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap. The Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 5`SgtuU,prrrr °��pDOVO•''•. = �, t ..o p e FitF�� 4 18 K.' 71:p. • -a: ' I LANU 11:\I 57323\ROWLL.EGAISTE. 1115 WPD May 21. 1999 PROJECT NUMBER: NH 0821-051 UNIT 1 PERMANENT EASEMENT NUMBER: PE-105 Project Code: 12269 Date: May 27,1999 DESCRIPTION A permanent easement No. PE-105 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.557 acres more or less, said tract or parcel being a part of the Greenbelt, Block 2, Amended and Restated Plat of Aspen Airport Business Center Filing No. 1, recorded April 16, 1979 in Plat Book 7, Page 79 in the records of Pitkin County, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said permanent easement being more particularly described as follows: BEGINNING at a point on the Northerly line of said Greenbelt, from which the Southeast corner of said Section 34 bears South 57° 30' 45" East, a distance of 1,502.54 feet; 1. Thence South 30° 18' 31" East, a distance of 406.63 feet; 2. Thence South 26° 53' 37" East, a distance of 237.10 feet: 3. Thence South 18° 09' 16" East, a distance of 236.76 feet to a point on the Southerly line of said Greenbelt; 4. Thence South 73° 26' 50" West, along said Southerly line, a distance of 22.10 feet to a point on the Easterly Right of Way line of Colorado State Highway 82, Project No. AWP 2012-B November 1937; a.. 8 OJT Vl = ME >U Paz 1.4 cDF MEMz.. MN0 m mo• m aN � Nm 5. Thence along said Easterly Right of Way line and along the arc of a curve to the left, non- • m m tangent to the previous course with a radius of 1960.00 feet, a central angle of 13° 39' 36", PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 HM57323'ROWLLEGAISPE. 105 WPD May 27, 1999 a minm c an arc length of 467.29 feet and a (chord which bears North 23° 28' 43" West, a distance of ma m 466.18 feet); �111 CD en it 6. Thence continuing aiong said Easterly Right of Way line. North 30° 18' 31" West. a distance in am "2 of 406.68 feet to the Northwest corner of said Greenbelt: N Da �aN 7. Thence North 59° 46' 37" East, along the Northerly line of said Greenbelt. a distance of 30.00 feet to the POINT OF BEGINNING. The above described permanent easement contains 24,274 square feet (0.557 acres), more or less. The above described permanent easement acquired for construction and maintenance of roadway slopes. BASIS OF BEARING: South 89° 12' 25" Fact, 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast cosparCFtion 34 being a 2.5" Brass cap, LS 9184, 1994. ° p00 Af '�• • 425-4 ��Q9 4313 F c : c PROJECT NUMBER: NH 0821-051 UNIT 1 PERMANENT EASEMENT NUMBER: PE-105-A Project Code: 12269 Date: May 27, 1999 DESCRIPTION A permanent easement No. PE-105-A of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 0.040 acres more or less, said tract or parcel being a part of the Green¢eltLAmended and Restated Plat of Aspen Airport Business Center Filing No. 1, recorded April 16, 1979 in Plat Book 7, Page 79 in the records of Pitkin County, in the Northeast Quarter of Section 3, Township 10 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, said permanent easement being more particularly described as follows: BEGINNING at a point on the Southerly line of said Greenbelt, from which the Northeast corner of said Section 3 bears North 81° 51' 56" East, a distance of 845.42 feet; 1. Thence South 84° 34' 00" West, along said Southerly line, a distance of 30.23 feet to a point on the Easterly Right of Way line of Colorado State Highway 82, Project No. AWP 2012-B November 1937; 2. Thence along said Easterly Right of Way line and along the arc of a non -tangent curve to the left with a radius of 1960.00 feet, a central angle of 01 ° 39' 21", an arc length of 56.64 feet and a (chord which bears North 13° 22' 30" West, a distance of 56.64 feet), to the Northwest corner of said Greenbelt; 3. Thence North 73° 34' 37" East, along the Northerly line of said Greenbelt, a distance of 13.65 feet; 4. Thence continuing along said Northerly line, and along the arc of a curve to the right with a radius of 25.00 feet, a central angle of 40° 12' 55", an arc length of 17.55 feet and a (chord which bears South 86° 18' 57" East, a distance of 17.19 feet); 5. Thence South 13° 15' 09" East, a distance of 56.50 feet to the POINT OF BEGINNING. The above described permanent easement contains 1,748 square feet (0.040 acres), more or less. The above described permanent easement acquired for construction and maintenance of roadway slopes. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34. Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter comer of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast comey,pf•$ection 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 N 1157323 RO'W LEGAISPE. LO5.A. W PD May 27. 1999 ,'l •A R,p00 RFC4 \0 sf VO ;gip DF, ram`. e 24313 .71 CC RIM IIIII111111III 111111 Hill IIIII III IIIIIII II1111 437020 10/25/1999 02:52P ORDINRNC DAVIS SILVI 22 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO 5 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Milli fill IIIIII IIIII IIIIII 11111 IIIII III 1111111 II 1111 437020 10/25/1999 02:52P ORDINRNC DAVIS SILVI 23 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 TEMPORARY EASEMENT NUMBER: TE-109-Rev. Project Code: 12269 Date: June 30,1999 DESCRIPTION A temporary easement No. TE-109-Rev. of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 2.827 acres more or less, in the Southeast Quarter of Section 34, Township 9 South, Range 85 West, and in the North Half of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Center Line of existing Owl Creek Road, from which the Northeast corner of said Section 3 bears North 50° 11' 37" East, a distance of 2798.31 feet; 1. Thence along said Center Line of existing Owl Creek Road, South 41° 47' 07" East, a distance of 86.33 feet; Thence South 11 ° 56' 02" East, a distance of 340.31 feet; Thence South 06° 43' 55" East, a distance of 876.83 feet; Thence South 45° 00' 25" East, a distance of 118.60 feet; Thence South 84° 02' 22" East, a distance of 106.16 feet; Thence North 56° 01' 47" East, a distance of 357.36 feet; �fl Thence South 81 ° 46 0r East, a distance of 346.10 feet; Thence South 19° 05' 06" Thence South 83° 00' 48" Thence North 68° 47' 58" Thence South 77° 40' 27" Thence South 53° 00' 07" Thence South 72° 07' 51" Thence North 70° 59' 10" Thence North 34° 45' 30" East, a distance of 52.27 feet; West, a distance of 138.78 feet; West, a distance of 143.46 feet; West, a distance of 141.17 feet; West, a distance of 227.98 feet; West, a distance of 108.57 feet; West, a distance of 131.37 feet; West, a distance of 65.17 feet; Y:1157323\ROW.LEGALS1TE-I119-R WPD lure 30. 1999 1 111111 11111 111111 11111 111111 11111 11111 III 1111111 II 1111 437020 10/25/1999 02:52P ORDINANC DAVIS SILVI 24 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO 16. Thence North 16° 20' 48" West, a distance of 324.03 feet: 17. Thence North 06° 32' 47" West, a distance of 247.72 feet; 18. Thence North 02° 07' 40" West, a distance of 392.93 feet; - 19. Thence North 10° 10' 36" West, a distance of 154.45 feet; 20. Thence North 14° 19' 27" West, a distance of 237.13 feet to the POINT OF BEGINNING. The above described temporary easement contains 123,132 square feet (2.827 acres), more or less. The above described temporary easement acquired for the construction of a bike path. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Gary D. Gable, PLS 24662 MK Centennial 10822 Toiler Drive Littleton, CO 80127 Ow: v. uqB• :.c, am;) 24662 e A G-3o-99 • J,PD •SJQ 418111111111100 Y. 1573:31110WLLEGALS\TE-LO9-R WPD lune 30. 1999 PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: 109 Project Code: 12269 Date: May 27, 1999 DESCRIPTION A tract or parcel of land No. 109 of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 1.493 acres more or less, in the Southeast Quarter of Section 3, Township 10 South,,Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Northerly line of a parcel of land described in deed recorded November 9, 1979, in Book 379, Page 107, from which the Northeast corner of said Section 3 bears North 12° 43' 37" East, a distance of 3,761.52 feet; 1. Thence North 31° 24' 37" West, a distance of 141.21 feet; 2. Thence North 19° 05' 06" West, a distance of 576.02 feet; 3. Thence North 04° 42' 42" East, a distance of 129.06 feet to the centerline of existing Owl Creek Road; 4. Thence along said centerline of existing Owl Creek Road, South 53° 28' 31"East, a distance of 86.17 feet to a point on the Easterly Right of Way line of Colorado State Highway 82, Project No. AWP 2012-B November 1937; 5. Thence along said Easterly Right of Way line and along the arc of a curve to the left, nontangent to the previous course with a radius of 2,342.00 feet, a central angle of 19° 27' 37", an arc length of 795.45 feet and a (chord which bears South 19° 59' 58" East, a distance of 791.64 feet) to the Northerly line of said parcel described in deed recorded in Book 379, Page 107: 6. Thence alone said Northerly line. North 88° 54' 35" West. a distance of 88.68 feet to the POINT OF BEGINNING. The above described parcel contains 65,024 square feet (1.493 acres), more or less. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3. Township 10 South, Range 85 West, of the Sixth Principal Meridian. The North Quarter corner of Section 3 being a 2.5" G.L.O. Brass cap, The Northeast corner of Section 3 being a 2.5" Brass cap, LS 9184. 1994. �D�ppD A., •,REG.,,, , AF _ ;A9 6kel9��'• ra 2431 j1 c Fi PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada. CO 80001 1' IANoS.,`, ,,,,,,,•,, 111111111 i1111111111111111111111111111111111111III1111111II I11I 437020 10/26/1999 02:S2P ORDINppC DRVIS SILVI 29 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO H: I57323\ROWUEOAISTK-IIH. WPO \lay 27. 1999 1 IIIIII 1111 111111 111111111 IIIII IIIII Ill IIIIIII II IIII 437020 10/26/1699 02:52P ORDINRNC DAVIS SILVI 26 of 30 R 0 00 D 0 00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 ACCESS PARCEL NUMBER: 109 Project Code: 12269 Date: May 27,1999 DESCRIPTION EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 82, a Highway established according to the laws of the State of Colorado, and from and to any part of the property of the Grantor in the Southeast Quarter of Section 3, Township 10 South, Range 85 West, of the Sixth Principal Meridian, in Pitkin County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: NH 0821-051 UNIT 1 109 Westerly (Project No.) (Parcel No.) (Location of Line) BEGINNING at a point on the Northerly line of a parcel of land described in deed recorded November 9, 1979, in Book 379, Page 107, from which the Northeast corner of said Section 3 bears North 12° 43' 37" East, a distance of 3,761.52 feet; I. 2. Thence North 19° 05' 06" West, a distance of 576.02 feet; 3. Thence North 04° 42' 42" Fast, a distance of 129.06 feet to a point on the existing centerline of Owl Creek Road, said point also being the point of terminus of this description. Thence North 31° 24' 37" West, a distance of 141.21 feet; NO ACCESS POINT BASIS OF BEARING: South 89°12' 25" East, 2,703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 ,,,qpa ny,,,,, /v4 rit i tt/moo • `'a! LAND ,,,,,,I,,,I,,, 11A157323\RONN.EGAISAC-IO9. WPD May 27. 1991 Page 2 IIIIII IIIII 111111 1111 1111111111 IIIIIIII 111111 II IIII 437020 10/25/1999 02:52P ORDINRNC DAVIS SILVI 27 of 30 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO PROJECT NUMBER: NH 0821-051 UNIT 1 PARCEL NUMBER: 109-A Project Code: 12269 Date: May 27, 1999 DESCRIPTION A tract or parcel of land No. 109-A of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1 containing 6.313 acres more or less, situated in the East Half of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Center Line of existing Owl Creek Road, from which the Northeast corner of said Section 3 bears North 50° 11' 37" East, a distance of 2798.31 feet; 1. Thence South 14° 19' 27" East, a distance of 237.13 feet; 2. Thence South 10° 10' 36" East, a distance of 154.45 feet; 3. Thence South 02° 07' 40" East, a distance of 392.93 feet; 4. Thence South 06° 32' 47" East, a distance of 247.72 feet; 5. Thence South 16° 20' 48" East, a distance of 324.03 feet; 6. Thence South 34° 45' 30" East. a distance of 120.14 feet: 7. Thence South 22° 01' 08" East, a distance of 465.06 feet to a point on the Northerly line of a parcel of land described in deed recorded in Book 379, Page 107 in the records of Pitkin County; 8. Thence along said Northerly line, North 88° 54' 35" West, a distance of 139.41 feet; 9. Thence North 24° 14' 28" West, a distance of 683.31 feet; 10. Thence North 10° 27' 05" West, a distance of 331.71 feet; 11. Thence North 01 ° 12' 46" West, a distance of 431.46 feet; 12. Thence North 09° 34' 59" West, a distance of 493.73 feet; 13. Thence North 22° 38' 22" West, a distance of 361.63 feet; 14. Thence North 09° 15' 44" West, a distance of 148.05 feet; I1:\ 157323\ROW1LEGALS\TK-I1/9-A WPD May 27. 1999 111111 11111 111111 11111 111111 11111 Hill III 1111111 II 1111 437020 30/25/3999 02:52P ORDINRNC DAVIS SILVI 28 of 30 R 0.00 D 0 00 N 0.00 PITKIN COUNTY CO 15. Thence, North 65° 06' 58" East, a distance of 24.94 feet to a point on the Center Line of existing Owl Creek Road; 16. Thence along said Center Line, South 20° 26' 00" East, a distance of 275.45 feet; 17. Thence continuing along said Center Line, South 29° 17' 00" East, a distance of' 215.03 feet; - 18, Thence continuing along said Center Line, South 41 ° 41' 00" East, a distance of 71.68 feet to the POINT OF BEGINNING. The above described parcel contains 274,999 square feet (6.313 acres), more or less. BASIS OF BEARING: South 89° 12' 25" East, 2703.97 feet, along the South line of the Southeast Quarter of Section 34, Township 9 South, Range 85 West, of the Sixth Principal Meridian. The South Quarter corner of Section 34 being a 2.5" G.L.O. Brass cap, The Southeast corner of Section 34 being a 2.5" Brass cap, LS 9184, 1994. PREPARED BY: Ronald E. Ilk, PLS 24313 MK Centennial P.O. Drawer 1307 Arvada, CO 80001 ,,p Nn,n,,,,I Ou RfG/ % �pLOE fl�9P'a -o to 5-/Z?/4,: 5 •24313 c o: H:\ 157323UtOW1LEGA S\TK-I119-A W PD May 27, 1999 EXHIBIT 2 COLORADO DEPARTMENT OF TRANSPORTATION POSSESSION AND USE AGREEMENT %WOO t' Pansy Pmj.amde (Saar This agreement is main this pay of a.d. 19 between the State D.oanment of Transportation. State of Colorado. Inerstn referred to as the oeoartmenti. BOARD OF COUNTY COPCIISSIONERS OF PITKIN COUNTY and (hermit retorted 10 as the landowner) for the purpose of granting the contractors, agents, and all others deemed necessary by the department of Project no. irrevocable right to possession and use to the depanment, its of parolgs) for the purpose of constructing a potion of State Highway no. . The propony involved is described more fully in Exhibit A (and the sum of Exhibit El) attached hereto and made a part hereof by reterence. 1. In consideration for this irrevocable grant of possession the . The department shall be emitted depanment will tender to the landowner(s) to take possession upon tender of value of the just compensation amount, award, or verdict. It is also the undersigned landownet(s) shall free and clear of all liens and encumbrances being disbursed under this agreement. or undisclosed liens or encumbrances will continue to negotiate in by direct purchase. It is tuner understood such failure will he a confession the o.partm.m may begin proceedings unreasonably delay the commencement has expired. N the department in effect until either a settlement agrees to deposit the remaining amount the coup N it has not previously tendered landowner(s) if at parties withdrawal of said deposit shall settlement reached. It is agreed in to and withdrawn by the undersigned in eminent domain an begun the valuation was tendered to the landowna(a) do not waive any right to raise any issue to proceed with its construction project prorated taxes for the current property. the parties only when signed by Staff Right of Way Manager, Regan Right of Way Supervisor administrators, legal representatives, payment. h is understood the sum owed to the landowner(s). 11 agreed in the event the ultimate refund the difference to the or that proper releases The landowner(s) further affecting the pmperly good faith with the undersigned in the event a settlement that the negotiations to acquit* in eminent domain to acquit of proceeding. under the begins proceedings in eminent is reached or a role and order of its appraised value of the 100 percent of this 'noun. interested in the property sought be deducted by the clerk from any the event the ultimate settlement landowner(s), the undersigned date for determining the pursuantto paragraph one above. pertaining tonal compensation without delay and to allow the year. and special assessments all landowners or their designated Staff Right of Way Supervisor, or their superiors. This contract successors and assigns of the tendered represents percent of the depanmem's appraised _ is agreed this sum shall be deducted from any final settlement settlement amount, award, or verdict is less than this sum depanment. 2. The landowner(s) represents that the title to the propety is will be executed for the properly herein described prior to funds agrees to hold the depanment harmless from all liability for unreleased herein described. 3. This agreement is made with the understanding the depanmem landowner(s) to acquire the 'merest in the property described is not reached within days of the signing of this agreement _ the property described herein have proved futile. At this point title to the property herein described. The department shall not eminent domain law once the time pmvid.d for in this paragraph domain, It is understood and agreed this agreement shall continue as provided tor in C.R.S. 38.1.105(3) is entered by the court. 4. 8 the department begins proceedings in eminent domain it jual compensation owed to the landowner(s) into the registry of Any sums deposited in the registry may be withdrawn by the undersigned to be acquired consent and agree to such withdrawal. Any such award or verdict entered thenaher or by the depanment from any amount, award, crverdict is less than natant of the sums paid landowners) shall refund the difference to the depanment. 5. It is agreed by the undersigned in the event proceedings amount of justcomp*nsation shall be the date on which payment 6. h is agreed by entering into this agreement Inc undersigned at the tune of trial. 7. The purpose of this agreement is to allow the depanment landowner(s) to avoid litigation at this time. 8. The undersigned landowners) agreels) to pay all taxes, including due at the time the depanment takes possession of its (their) 9. This agreement shall be deemed a contract and it shall bind rpresentattvss and one of the following on behalf of the depanment: Regional Transportation Director, Region Preconstroction Engineer, shall also extend to and bind the heirs. devisees, ...senors, pianist. 10. It is agreed the depanment shall record this document. 11. Other conditions. v on the orooe 1tl'the presence. olsoosal. release or Olean-uo o any wntam,na,na mce.... tatleoremr SS* or FEIN* Dais IFS I SS* or REIN/ Da` FOR THE DEPARTMENT OF TRANSPORTATION Rightol Way&lgrasor err Dan wnsn• RwI(een•r,�e.�.•wit-•Tit sow s.•- ,wpn.mmmrrn ewwem,r,ema menen a+lens - M*., rwmmn tinmegnemn bore � 0O BNB • _Nap _0K .4 IS) � p N a. M011r o or N Cut cool Yon ;OLORADO DEPARTMENT OF TRANSPORTATION PERMISSION TO ENTER PROPERTY Pro>Me 10211 `°°° Highway 82 AABC to Buttermilk -Parcae Ma) Ai �Ki n I Qun -) v Milepost Galion of properly Project code (SA#) / The undersigned properly owner, owner's representative, or lessee hereby grants permission to the Colorado Department of Transportation, it's contractors, agents, and all others deemed necessary by said depanmsnt, to enter the property Identified above and pertonn the work described In PART I under the conditions set forth In PART 11. 'ART I - DESCRIPTION OF WORK TO BE DONE %To place centerline and right of way stakes for a proposed project together with all ties and bench marks which may be beyond the right of way limits ,O To conduct preli e s to identity possible archaeological, historic or ecolo ' ese surveys may include the exterior inspection of ru ing or photographing of resources, the ef collection of chi pecimens or the testing o sus with a hand auger. pr To perform subsurface investigation of soil and/or rock materials within the said property for the purpose of determing the nature and quality of the material. This may include the collection and removal of geological samples. Drill rig, supply truck, and other assigned vehicles are usually involved in the subsurface investigation. S(To perform appraisals, surveys and other physical inspections necessary in reviewing the property for possible acquisi- tion. Ix To set stakes defining proposed highway features for designers, reviewers and property owners. PART 11 - CONDITIONS UNDER WHICH ❑ None ❑ Permission is granted for the time O Advance notice required, specify O Location and/or method of entry PERMISSION IS GRANTED period time and date restricted, specify ❑ Other, specify The Colorado Department of Transportation shall be responsible to the owner(s) for any damage to the property caused by a Department employee's negligence in conjunction with this permission. This obligation is only tor direct damages to the property of the owner(s) and is not for the benefit of a third party. Permission granted by 3 Property owner . 3 Propeny owner's representative ❑ Leases Signature I Date Name (please pnntl Rome address Phone Workaddress Phone Permission received by Signature I Derr Name Ed Miller Agee hranr Prnjorr Mnaagea Department I Phone Mt. Sooris Transportation Protect (970)945-7629 � es-s N0 _M0 aN ca I- sm a a r:o2 Ira ISO ems `m• B moo --• IS S 'SW1g 3/4K —~1�e alit• m ram04 W co o Distribution: When: Enp entering property Yellow: Propeny ownernessee Pe*: Region COOT Form Olp 1194