HomeMy WebLinkAboutbocc.ord.032.1999ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN
COUNTY, COLORADO, AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN TO
JOINTLY ACQUIRE PROPERTY WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION
ORDINANCE NO. 99. .3 9.
Recitals
1. The Colorado Department of Transportation ("CDOT") is commencing right-of-
way acquisition for the Highway 82 expansion from the airport to Buttermilk, and will need to
acquire portions of the Stapleton property and Tiehack Land Partners LTD property for highway
purposes.
2. CDOT has requested that the County join it in acquisition of a portion of the
Stapleton property and Tiehack Land Partners LTD property to further various County objectives
as well. These portions of the Stapleton property and Tiehack Land Partners LTD property are
described on Exhibit A, attached and incorporated by this reference (the "Property").
3. It is necessary for the County to acquire the Property for the following purposes:
acquisition of land for new County roadways to provide access from the relocated Owl Creek
Road to the Buttermilk Ski Area and private property owners in West Buttermilk; for
preservation of portions of the property for parking for recreational purposes and for access to
public lands; for preservation of view plane, open space, and vistas; and for prevention of
construction of any structures on the property which may interfere with the location, expansion,
development or improvement of the Pitkin County Airport, restricted landing areas and other air
navigation facilities or with the safe approach to and take -off from the Pitkin County Airport.
4. Pitkin County has condemnation authority to acquire property for County roads
under the provisions of C.R.S. Section 43-2-112; for airport purposes under C.R.S. Section 41-4-
104; and for park or recreational purposes or for the preservation or conservation of sites, scenes,
open space and vistas of scientific, historic, aesthetic or other public interest pursuant to C.R.S.
Section 29-7-104.
5. CDOT has the funding for the acquisition of the Property, and will acquire the
Property in co -ownership with the County. CDOT has represented that the appraisal process, the
negotiations, and the lead role in any necessary condemnation proceedings would be undertaken
by CDOT through its representation by the Attorney General's office.
6. CDOT also is acquiring some Pitkin County property along the existing Highway
82 corridor for the airport to Buttermilk expansion project. To the extent permitted by law, the
value of those parcels will be credited as consideration for County ownership of the Property.
7. Acquisition of the Property is necessary in the public interest.
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438333 12/07/1999 11 04A ORDINRNC DAVIS SILVI
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Ordinance No. 99
Page 2
NOW, THEREFORE, be it ordained by the Board of County Commissioners of Pitkin
County, Colorado that proceedings in eminent domain as co -petitioners with the Colorado
Department of Transportation for acquisition of the Property is hereby authorized and the County
staff is authorized and directed to work with the Attorney General's office and the Colorado
Department of Transportation as necessary to finalize the acquisition and sign such documents as
may be necessary for such purposes.
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.
ATTEST:
Jones, Deput / lerk
APPROVED AS TO FORM:
.1442
Deborah Quinn, County Attorney / 9
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BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
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uz$nile Konchai, County Manager
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EXHIBIT A
PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER: 112-A-Rcv.
Project Code: 12269
Date: September 1, 1999
DESCRIPTION
A tract or parcel of land No. 112-A-Rev. of the Department of Transportation, State of Colorado, Project No.
NH 0821-051 Unit 1 and the Board of County Commissioners of Pitkin County, containing 4.997 acres more or less,
being a part of a parcel of land described in deed recorded November 9, 1979 in Book 379, Page 107 in the records
of Pitkin County, 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 from which the Southeast corner of said Section 3 bears South 15° 29' 27" East, a
distance of 1,606.20 feet;
.+ o 1. Thence South 38° 45' 26" East, a distance of 196.17 feet;
wl- Thence S'"rih S.1" 1..1' Jk" \\'ret, a dictanrr (If S2S. 11 feet,
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amo = 3. Thence South 70" 03' 49" West, a distance of 129.27 feet;
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4. Thence South 89° 17' 16" West. a distance of 153.59 feet;
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•-• m parcel of land described in deed recorded in Book 379, Page 107;
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m 0 7. Thence along said Northerly line, South 88° 54' 35" East, a distance of 139.41 feet:
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11. Thence North 59° 32' 30" East, a distance of 378.61 feet;
12. Thence North 42° 18' 54" East, a distance of 189.49 feet to the POINT OF BEGINNING.
The above described parcel contains 217,658 square feet (4.997 acres), more or Tess.
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 Principjj,Moridi&q4 The North Quarter corner of
Section 3 being a 2.5" G.L.O. Brass cap, The Northeast corner of SectA0,13Ifltfif6,7s, kBrass cap. LS 9184, 1994.
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10822 W. Toiler Drive
Littleton, CO 80127
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PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER: 112-B-Rev.
Project Code: 12269
Date: September 1,1999
DESCRIPTION
A tract or parcel of land No. 112-B-Rev. of the Department of Transportation, State of Colorado, Project No.
NH 0821-051 Unit 1 and the Board of County Commissioners of Pitkin County, containing 0.781 acres more or less,
being a part of a parcel of land described in deed recorded November 9, 1979 in Book 379, Page 107 in the records
of Pitkin County, 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 from which the Southeast corner of said Section 3 bears South 39° 16' 49" East, a
distance of 1,351.76 feet;
I. Thence North 70° 03' 49" East, a distance of 129.27 feet;
2. Thence South 02° 31' 44" East, a distance of 349.71 feet to a point on the Southerly line of said
parcel of land described in deed recorded in Book 379, Page 107;
3. Thence along said Southerly line, South 50° 36' 53" West, a distance of 77.08 feet;
4. Thence North 13° 22' 56" West, a distance of 362.56 feet to the POINT OF BEGINNING.
The above described parcel contains 34,012 square feet (0.781 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.
PREPARED BY:
Gary D. Gable, PLS 24662
MK Centennial
10822 W. Toiler Drive
Littleton, CO 80127
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PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER: 112-C
Project Code: 12269
Date: September 1,1999
DESCRIPTION
A tract or parcel of land No. 112-C of the Department of Transportation, State of Colorado, Project
No. NH 0821-051 Unit 1 and for the Board of County Commissioners of Pitkin County, Colorado. containing
6.020 acres mere or less, being a part of a parcel of land described in deed recorded November 9, 1979 in
Book 379, Page 107 in the records of Pitkin County, 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 from which the Southeast corner of said Section 3 bears South 15° 29' 27"
East, a distance of 1606.20 feet;
1. Thence South 42° 18' 54" West, a distance of 189.49 feet;
2. Thence South 59° 32' 30" West, a distance of 378.61 feet;
3. Thence North 78° 50' 02" West, a distance of 239.57 feet;
4. Thence North 45° 43' 24" West, a distance of 117.45 feet;
5. Thence North 24° 00' 55" West, a distance of 326.24 feet, to a point on the Northerly line
of said parcel of land described in deed recorded in Book 379, Page 107;
6. Thence along said Northerly line, South 88° 54' 35" East, a distance of 858.33 feet;
7. Thence South 31 ° 24' 37" East, a distance of 91.42 feet to the POINT OF BEGINNING.
The above described parcel contains 262,220 square feet (6.020 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.
PREPARED BY:
Ronald E. Ilk, PLS 24313
MK Centennial
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PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER: 112-D
Project Code: 12269
Date: September 1,1999
DESCRIPTION
A tract or parcel of land No. 112-D of the Department of Transportation, State of Colorado, Project
No. NH 0821-051 Unit land for the Board of County Commissioners of Pitkin County, Colorado, containing
1.015 acres more or less, being a part of a parcel of land described in deed recorded November 9, 1979 in
Book 379, Page 107 in the records of Pitkin County, 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 South line of said parcel of land described in deed recorded in Book
379, Page 107, from which the Southeast corner of said Section 3 bears South 07° 34' 04" East, a distance
of 1,210.85 feet;
1. Thence along said South line, South 50° 36' 53" West, a distance of 180.94 feet;
2. Thence North 35° 18' 22" West, a distance of 256.12 feet;
3. Thence North 54° 34' 48" East, a distance of 173.21 feet;
4. Thence South 37° 01' 02" East, a distance of 243.70 feet to the POINT OF BEGINNING.
The above described parcel contains 44,210 square feet (1.015 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.
PREPARED BY:
Gary D. Gable, PLS 24662
MK Centennial
10822 W. Toiler Drive
Littleton, CO 80127
111111111111111111111111111111111I 11111 I 11111111111 I"I
438333 12/07/1999 11 04A ORDINANC DAVIS SILVI
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PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER: 112-E
Project Code: 12269
Date: September 1,1999
DESCRIPTION
A tract or parcel No. 112-E of the Department of Transportation, State of Colorado, Project No. NH
0821-051 Unit 1, and for the Board of County Commissioners of Pitkin County, Colorado, containing 0.595
acres more or less, being a part of a parcel of land described in deed recorded November 9, 1979 in Book
379, Page 107 in the records of Pitkin County, 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 Southerly line of said parcel of land described in deed recorded in
Book 379, Page 107, from which the Southeast corner of said Section 3 bears South 15° 24' 58" East, a
distance of 1,126.00 feet;
1. Thence South 50° 36' 53" West, along said Southerly line a distance of 100.00 feet;
2. Thence North 35° 21' 40" West, a distance of 263.03 feet;
3. Thence North 54° 34' 48" East, a distance of 100.00 feet;
4. Thence South 35° 18' 22" East, a distance of 256.12 feet to the POINT OF BEGINNING.
The above described tract or parcel contains 25,925 square feet (0.595 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.
PREPARED BY:
Ronald E. Ilk, PLS 24313
MK Centennial
10822 W. Toiler Drive
Littleton, CO 80127
1111111 11111 111111 Mill IIII IIIIIII 11111111 "III I"I 1111
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PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER: 112-F
Project Code: 12269
Date: August 2,1999
DESCRIPTION
A tract or parcel No. 112-F of the Department of Transportation, State of Colorado, Project No. NH
0821-051 Unit 1, and for the Board of County Commissioners of Pitkin County, Colorado, containing 0.588
acres more or less, being a part of a parcel of land described in deed recorded November 9, 1979 in Book
379, Page 107 in the records of Pitkin County, 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 Southerly line of said parcel of land described in deed recorded in
Book 379, Page 107, from which the Southeast corner of said Section 3 bears South 25° 09' 12" East, a
distance of 1,061.47 feet;
1. Thence North 35° 18' 42" West, a distance of 269.70 feet:
2. Thence North 54° 34' 48" East, a distance of 96.00 feet;
3. Thence South 35° 21' 40" East, a distance of 263.03 feet to said Southerly line;
4. Thence South 50° 36' 53" West, along said Southerly line a distance of 96.47 feet to the
POINT OF BEGINNING.
The above described tract or parcel contains 25,602 square feet (0.588 acres), more or Tess.
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.
PREPARED BY:
Ronald E. Ilk, PLS 24313
MK Centennial
10822 W. Toller Drive
Littleton, CO 80127
1111111 II11I II111I IIIII IIII IIIIIII 11111111 IIII1 1I11 1II1
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PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NO. 112-G
Project Code: 12269
Date: September 1,1999
DESCRIPTION
A tract or parcel No. 112-G of the Department of Transportation, State of Colorado, Project No. NH
0821-051 Unit 1 and for the Board of County Commissioners of Pitkin County, Colorado, containing 0.626
acres more or less, being a part of a parcel of land described in deed recorded November 9, 1979 in Book
379, Page 107 in the records of Pitkin County, 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 Southerly line of said parcel of land described in deed recorded in
Book 379, Page 107, from which the Southeast corner of said Section 3 bears South 25° 09' 12" East, a
distance of 1,061.47 feet;
1. Thence South 50° 36' 53" West, along said Southerly line a distance of 100.00 feet;
2. Thence North 35° 21' 50" West, a distance of 276.62 feet;
3. Thence North 54° 34' 48" East, a distance of 100.00 feet;
4. Thence South 35° 18' 42" East, a distance of 269.70 feet to the POINT OF BEGINNING.
The above described tract or parcel contains 27,282 square feet (0.626 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.
PREPARED BY:
Ronald E. Ilk, PLS 24313
MK Centennial
10822 W. Toiler Drive
Littleton, CO 80127
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PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER 112-H
Project Code: 12269
Date: September 1,1999
DESCRIPTION
A tract or parcel No. 112-H of the Department of Transportation, State of Colorado, Project No. NH
0821-051 Unit 1 containing 0.969 acres more or less, being a part of a parcel of land described in deed
recorded November 9, 1979 in Book 379, Page 107 in the records of Pitkin County, 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 from which the Southeast comer of said Section 3 bears South 44° 07' 46"
East, a distance of 1,032.43 feet;
1. Thence North 02° 31' 44" West, a distance of 349.71 feet;
2. Thence North 54° 34' 48" East, a distance of 56.12 feet;
3. Thence South 35° 21' 50" East, a distance of 276.62 feet;
4. Thence South 50° 36' 53" West, a distance of 246.35 feet to the POINT OF BEGINNING.
The above described tract or parcel contains 42,229 square feet (0.969 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.
PREPARED BY:
Ronald E. Ilk, PLS 24313
MK Centennial
10822 W. Toiler Drive
Littleton, CO 80127
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11 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER: 112-I
Project Code: 12269
Date: September 1,1999
DESCRIPTION
A tract or parcel of land No. 112-I of the Department of Transportation, State of Colorado, Project
No. NH 0821-051 Unit 1 and for the Board of County Commissioners of Pitkin County, containing 6.264
acres more or less, being a part of a parcel of land described in deed recorded November 9, 1979 in Book
379, Page 107 in the records of Pitkin County, 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 from which the Southeast corner of said Section 3 bears South 39° 16' 49"
East, a distance of 1,351.76 feet;
1. Thence South 12° 19' 24" East, a distance of 362.56 feet to a point on the Southerly line of
said parcel of land described in deed recorded in Book 379, Page 107;
2. Thence along said Southerly line, South 50° 36' 53" West, a distance of 42.46 feet to a point
of curvature;
3. Thence continuing along said Southerly line and along the arc of said curve to right with a
radius of 147.65 feet, a central angle of 81 ° 38' 55", an arc length of 210.41 feet and a (chord
which bears North 88° 36' 07" West. a distance of 193.05 feet) to the Westerly line of said
parcel;
4. Thence along said Westerly line, North 47° 45' 07" West, a distance of 550.76 feet to a point
of curvature,
5. Thence continuing along said Westerly line and along the arc of said curve to the right with
a radius of 386.66 feet, a central angle of 31° 45' 09", an arc length of 214.28 feet and a
(chord which bears North 31° 52' 37" West, a distance of 211.55 feet);
6. Thence continuing along said Westerly line, North 16° 00' 07" West, a distance of 40.30 feet
to a point of curvature;
7. Thence continuing along said Westerly line and along the arc of said curve to the left with
a radius of 534.99 feet, a central angle of 11° 25' 58", an arc length of 106.75 feet and a
(chord which bears North 21° 43' 03" West, a distance of 106.57 feet) to the Northerly line
of said parcel;
8. Thence along said Northerly line, South 89° 19' 25" East, a distance of 64.36 feet;
9. Thence continuing along said Northerly line, North 02° 23' 48" East, a distance of 288.72
feet;
H:115732TR0 W LL.EGAISIT K- I I2-i. W PD
Cementer I, 1999
10. Thence continuing along said Northerly line, South 88° 54' 35 East, a distance of 23.58 feet;
11. Thence South 25° 33' 09" East, a distance of 493.49 feet;
12. Thence South 58° 21' 59" East, a distance of 295.91 feet;
- 13: Thence North 89° 17' 16" East, a distance of 173.59 feet to the POINT OF BEGINNING.
The above described parcel contains 272,838 square feet (6.264 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.
PREPARED BY:
Ronald E. Ilk, PLS 24313
MK Centennial
10822 Toiler Drive
Littleton, CO 80127
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September I, 1999
PROJECT NUMBER: NH 0821-051 UNIT 1
PARCEL NUMBER: 113-A
Project Code: 12269
Date: September 1,1999
DESCRIPTION
A tract or parcel No. 113-A of the Department of Transportation, State of Colorado, Project No. NH
0821-051 Unit 1 and for the Board of County Commissioners of Pitkin County, containing 0.390 acres more
or less, being a part of a parcel of land described in deed recorded January 3, 1997 at reception number
400593 in the records of Pitkin County, in the Southeast Quarter of Section 3, Township 10 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 Northerly line of said parcel of land described in deed recorded at
reception number 400593, from which the Southeast corner of said Section 3 bears South 44° 07' 46" East,
a distance of 1,032.43 feet;
1. Thence South 35° 36' 54" East, a distance of 75.50 feet;
2. Thence South 35° 18' 12" West, a distance of 120.92 feet;
3. Thence South 66° 47' 11" West, a distance of 86.87 feet;
4. Thence North 25° 53' 25" West, a distance of 55.51 feet;
5. Thence North 28° 45' 16" East, a distance of 78.15 feet;
6. Thence North 50° 36' 53" East, a distance of 119.54 feet, to the POINT OF BEGINNING;
The above described temporary easement contains 16,994 square feet (0.390 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.
PREPARED BY:
Gary D. Gable, PLS 24662
MK Centennial
10822 W. Toller Drive
Littleton, CO 80127
I IIIIII IIIII IIIIII IIIII IIII IIIIIII IIIII III IIIIII III IIII
438333 12/07/1999 11 04A ORDINANC DAVIS SILVI
13 of 13 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
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