HomeMy WebLinkAboutbocc.ord.034.2003 ,,.SXLVI~ DaViS PITI(IN COUNTY CO R ~.~8 D ~1.~ j ,
ORDINANCE OFTHE BOARD OF COUN~ COMMISSIONERS OF P~KIN
COUNt, COLORADO,
Approving an Access end ~ili~ easement agreement be~een the CS Associates of
Ca~ondale, LLC, ~e Cl~ord Cerise Ranch Co, LL~, ~e C~ of Aspen and P~kin
Coun~ .
ORDINANCE NO. ~ -2003 ~
1. ~WHEREAS, Pitkin county and the City of Aspen, Grantors, are the owners of
certain real property located in Garfield County.
2. WHEREAS, CS Associates is the owner of certain real property located in
Garfield County, Colorado.
WHEREAS, an access and utility easement currently exists across Grantors
Property for the use and benefit of CS Associates Property as described in Town
of Carbondale Resolution 91-10 Series 1991 dated July 23, 1991.
4. WHEREAS, Ranch Company and CS Associates are the owners of certain real
- property located In Garfield County, Colorado and is adjacent to Grantors
property.
5. WHEREAS, Grantors desire to grant the right to Ranch Company.and CS
Associates to use and enjoy the easement '
6. WHEREAs, the parties desire to formalize their agreement and specify the rights
and obligations of the parties with respect to the Access and Utility Easement
and modify the Access and Utility Easement for the use'and benefit of Grantors
and Grantees.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Pitkin County, Colorado that:
1. The Board approves and accepts the Access and Utility Easement Agreement.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON SEPTEMBER''' -
10 2003 ..... " ' ......
NOTICE OF PUBLIC HEARINGAND THE FULL ORDINANCE PUBLISHED IN THE
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~It. VXR nRVX$ PITK]N COUNTY CO R e.ee D e.ee
o.D 2003- y,
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~SILVIR DRVI$ PITKZN COUNTY C0 R
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON SEPTEMBER,~
2003.
PUBLISHED BY TITLE A.~ID/S~ORT SU~.ARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON (~/E-C~'~L. .~/ ,2003. (Use SaturdaY'S` date)
ATTES3
By ~
Jeam
Dept
~ Jones
County Clerk
BOARD. OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
Jack H~tfft~eld, Chalrm~h v
Date:
APPROVED ASTO FORM:
Jo~ Attorney
'*MANAGER APPROVAL:
RE~N..~FOR APP. ROVAL:
Public Works Director
: 490976
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· ~SILVZR DAVIS PITI(IN COUNTY CO R e.ee D e.ee
~SOL~[O~ HO. ~
(Series of~ ~
I.
A ~SOL~ION OF T~ CITY CO~C~ OF T~ CITY OF ASPEN, COLO~O,
~RO~G ~ ACCESS ~ ~ITY EASE~ AG~E~ BET~EN T~ CS
'ASSOCIA~S OF C~O~E, LLC, ~ CL~FO~ CEASE ~CH CO. LLLP,
CITY OF ASP~ ~ PIT~ CO~Y, SE~G FOR~ T~ TE~S
CO~ITIONS OF T~ ACCESS ~ ~ITY EASE~ 6G~EN~
A~HO~G ~ ~YOR TO E~C~E T~ S~ EASE~ AG~E~ ON
BEeF OF T~ CITY OF ASPEN.
WHERAS, there has been submitted to the City Council an Access And Utility Easement
Agreement between the CS Associates of Carbondale LLC, the Cerise Ranch Co LLLP, the City
· of Aspen, Colorado and Pitkin County, Colorado a copy of.which is annexed hereto and part
thereof..
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO. ·
Secti6n One
That the City Council of th~: City of Aspen herby approves the Access And Utility Easement ·
Agreement between the CS Associates of, Carbondale LLC, the Cerise Ranch Co LLLP, the City
of'Aspen, Colorado and Pitkin County, Colorado, regarding the parties desire to formalize their
.agreement and specify the rights and obligations of'the parties with respect to the Access and
. Utility Easement, a copy of'which is annexed hereto and incorporated herein, and does hereby
· authorize the Mayor to execute said Access And Utility Easement Agreement substantially in the
form as attached on behalf of, the City of, Aspen, including the documents appended thereto.
RESOLVED, APPROVED AND ADOPTED this,,~q,-~ day of ~ ,
c~.~_~'by the City Council for the City of'Aspen, Colorado.
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true
and accur~ite copy of that resolution adopted by the City Council of the City of Aspen, Colorado,
at a meeting held June 23, 2003~
Kathryn S. Kffh, City Clerk
C.arb Ap~ R~o 2003.doe
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SILVIR DRVI$ PITKIN COUNTY CO R e.eo 13 0.e0
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$1LVI~ ~VI$ PIIKIN COUNTY CO R e.ee o e.ee
ACCESS AND UTILITY EASEMENT AGREEMENT
Colorado a Colorado Home Rule Charter County and City of Aspen, Colorado, a Colorado Home
Rule City, Grantors, and CS Associates of Carbondale, LLC a Colorado limited liability company (
CS ASSOCIATES ) Grantee and Clifford Cerise Ranch Co. LLLP, a Colorado limited liability
limited partnership ( RANCH COMPANY ) Grantee (collectively Grantees).
WITNESSETH:
WHEREAS, the Grantors are the owners of certain real property located in Garfield County,
Colorado as described on Exhibit "A" attached hereto ("Grantors Property"); and
WHEREAS, CS ASSOCIATES is the owner certain real property located in the Garfield County,
Colorado as described on Exhibit "B" attached hereto C CS ASSOCIATES Property") which is
adjacent to Grantors Property; and
WHEREAS, An access and utility easement currently exists across Grantors Property for the ~se
and benefit of CS ASSOCIATES Property as described in Town of Carbondale Resolution 91-10
Series 1991 dated July 23, 1991 (Access and Utility Easement) and
WHEREAS, RANCH COMPANY and CS ASSOCIATES are the owners of certain real property
located.in the Garfield County, Colorado as described on Exhibit "C" attached hereto
C RANCH/CS Property") which is adjacent to Grantors Property; and
WHEREAS Grantors desire to grant the right to RANCH COMPANY and CS ASSOCIATES to
use and enjoy the Easement; and
WHEREAS, the parties desire to formalize their agreement and specify the rights and obligations
of the Parties with respect to the Access and Utility Easement and modify the Access and Utility
Easement consistent with the description attached as Exhibit D (Access and Utility Easement
Area) for the use and benefit of Grantors and Grantees;
NOW THEREFORE, for and in consideration ofTen Dollars and the promises and covenants
contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
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~SZLVln DnVI5 PITKIN COUNTY CO R e.ee n e.ee _~-
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~$[L¥1A g~¥~$ P[TKiN ¢OU~T~' CO R 0,00 D e.00
1. Gratit of Easement Grantors hereby grant to Grantees a perpetual, unlimited and non-
exclusive easement over and across the Access and Utility Easement Area for ingress and egress,
and utilities for the use of Grantees respective properties.
2. Rights and Use of Easement Area. T~e Parties shall not construct any improvements
whatsoever in the Easement Aren nor take any action, which would restrict the use and enjoyment
of the Easement Area, specified herein.
3. Running of Benefits and Burdens. The burdens and benefits of the provisions of this
Agreement shall nm with the Grantors Property and Grantee s Property, respectively, and are
binding upon and inure to the heirs, assigns and successors of the parties hereto.
4. Sharing of Maintenance and Improvements Costs Grantor, CS ASSOCIATES and RANCH
/CS Property o,/rners shall share equally in the cost of maintenance and improvements to the
Easement Area. Written approval from all three property owners shall be obtained prior to the
construction of any improvements to the Access and Utility Easement Area. The parties agree to
· cooperate in future reasonable efforts to maintain and improve the Access and Utility Easement
Area.
5. 'Attorneys' Fees. Should any party hereunder be required to resort to legal or equitable
process for the enforcement of any provisions of this Agreement, the prevailing party shall be
entitled to collect all of their reasonable attorneys' fees, expenses and costs.
6. Indemnification - Grantees shall indenmify and hold Grantors harmless against all
liabilities, damages and other expenses which may be imposed upon, incurred by or asserted
against Grantors by reason of any negligence on the part of Grantee, its agents, contractors,
licensees, or invitees or any personal injury or property damage occurring on or about the Access
and Utility Easement Area associated with Grantees use of the Access and Utility Easement Area.
If any action or proceeding is brought against Grantors by reason of any such occurrences,
Grantee, upon written notice from Grantors, will, at Grantee's expense, resist or defend such action
or proceeding by counsel approved in writing by Grantors, such' approval not to be withheld
unreasonably.
7. Counterparts - A copy of this Agreement may be executed by each party, separately, and
when each party has executed a copy thereof, such copies taken together shall be deemed to be a
full and complete Agreement between the parties. -.
IN WITNESS WHEREOF, the parties have executed this Access and Utility Easement Agreement
on the day and year written above.
49O976
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~ e.ee
GRANTORS:
489790
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D e.ee
lack Hatfield, Chah-p~on Pitkin ~dunty Boa~d 6f County Commissioners
John Ely E~ ~-~-unty Colorado a Colorado Home Rule Charter
Coun~
City of Aspen, Colorado, a Colorado Home Rule City
~Colorado Home Rule City
John Womester Esq. as the City Attorney of the City of Aspen, Colorado, a Colorado Home Rule
City
GRANTEES:
By Micha~e, Manager
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~./~. ~ L~anagcr
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CLIFFORD CERISE RANCH CO., LLLP
By/~'ord O. Ccu'rs¢, General Partner
STATE OF COLORADO )
SS.
COUNTY OF PITKIN )
·
The foregoing was subscribed and sworn to before me this ~ day of~ 2003,
by Jack Hatfield, as Chairperson Pitkin County Board of County Commissioners.
Witness my hand and official seal.
exp es:
STATE OF COLORADO )
cocr~P,' oF ~,rricI~ )
The foregoing was subscribed and ~wom to before me this y of~ 2003,
by John Ely Esq., as ?itkin County Attorney
Witness my hand and official seal. ~....P..~.&~_
My commission expires:
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STATE OF COLORADO )
) SS.
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o e.ee
COUNTY OF PITY. IN )
The foregoing was subscribed and sworn to before me this _~..r~ay of~ 2003,
by Helen Klandeurud as Mayor of City of Aspen, Colorado.
Witness my hand and official seal.
My commission expires: ~.
STATE OF COLORADO )
) SS.
COUNTY OF PrrKIN )
The foregoing was subscribed and sworn to before me this.~q~ day of ~
by John Worcester as City Attorney of City of Aspen, Colorado.
Witness my hand and official seal.
My commission exl~ires: ~
JAOKIE
101'~/
· 2003,
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' $ILVI~ DnVIS PITKIN COUNTY CO R e.ee o e.ee
STATE OF COLORADO )
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x?lL¥1~ D~VIS PITKIN COUNTY CO R ~).eO D 0.~8
SS.
COUNTY OF GAR.FIELD )
The foregoing was subscribed and swam to before me this/tf~ day of ~--~
by Michael B. Cerise as Manager of CS Associates of Carbondale, LLC.
Witness my hand and official seal.
,2003,
My commission expires: ~. /'~. o ~
STATE.OF COLORADO )
) SS.
COUNTY OF GAKFIELD )
The foregoing was subscribed and sworn ,o before me this/c~---~ay of ~ -- ~
by Larry L. Stangeland as manager of CS Associates of Carbondale, LLC.
2003,
Witness my hand and official seal.
My commission expires:
N~ary Publ~
STATE OF COLORADO
COUNTY OF GARFIELD
The foregoing was subscribed and sworn to before me thi/~c~-~ day of',~ - ~'
by Clifford O. Cerise, General Pa.ttner of CLIFFORD CEKISE RANCH CO., LLLP.
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,2003,
Witness my hand and ofticial seal..
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My commission expires:
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~$ILV[;I D ViS PITKZN COUNTy CO R e.ee f3 e.ee
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~$1LVZR DRVIS PITKIN COUNTY CO R e.eo D e.eo
Exhibit A
Legal Description
A tract of land situated in Lot 13, Section 34, Township 7 South, Range 88 West
of the Sixth Principal Meridian, Town of Carbondale, Garfield County, Colorado, more
fully described as follows:
Lot B
Beginning at a Point on the South line of Main Street whence the southwest
comer of Block 29, Town of Carbondalc;
bears $ 37° 49' $9" E 582.60 feet;
thence S 030 39' 00"E 161.01 feet;
thence East 2.46 feet;
thence $ 03° 29' 00" E 50.00 feet;
thence West 122.48 feet;
thence N 00° 45' 38" W 159.72 feet; ..
thence N 03° 39' 00" W 49.78 feet;
thence N 89° 23' 00" E 112.03 feet to thc Point of Bcgiuning.
The above described tract is comprised entirely of those tracts of land conveyed to
Charles Larry Piffer and Konea Raye Piffer in Deeds recorded in the Garfield County
Records in Book 337 at Page 17, in Book 398 at Page 355, in Book 413 at 171, and in
Book 529 at Page 599.
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489790
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Exhibit B
Legal Description
A tract of land situated ia Lot 13, Section 34, Township 7 South, Range 88 West
of the Sixth Principal Meridian, Town of Carbondale, Garfield County, Colorado, more
fully described as follows:
LotA
Be~nning at a Point on the South line of Main Street whence the southwest
comer of Block 29, Town of Carbondale;
bears S 37' 49' 59" E 582.60 feet;
.thence S 03' 39' 00': E 161.01 feet;
thence East 2.46 feet;
thence S 03° 29' 00" E 50.00 feet;
thence West 122.48 feet;
thence lq 00° 45' 38" W 159.72 feet;
thence Iq 03° 39' 00" W 49.78 feet;
thence lq 89° 23' 00" E 112.03 feet to the Point of Begiuniag.
The above described tract is comptised entirely of those tracts of land conveyed to
Charles Larry Piffer and Konea Raye Piffer in Deeds recorded in the Garfield County
Records in Book 337 at Page 17, in Book 398 at Page 355, in Book 413 at 171, and in
Book 529 at Page 599.
.jr Ii{ I{ {I II Ill{ IPI{I Il {{{] Il{l{{ Ill Il {{ Il{ {Iii
~.SlLVI~ DRVIS PITKIN COUNTY CO R e.eo
LEGAL DF. SCRIPT]ON
EXHIBIT
:.: !;
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- , S,~ILVIFI O~qVlS PITKZN COmITy CO R e.ee D e.ee
Exhibi~ D
Access and Utility Easement
MA IN STREET
'":'-' · '-':". ' .'/' · ' :/', · :,". · ..... :-",. _' .'~ A;~.~:t-'. ," .'..'. .... .'..,..'.., ..
--" ,s.,~. ~ ~x' ~ '~'~/'~ ""'"'~'~ '~--' ~ -
/ l/l/ X I[:~ ~ . ' ~
~ ~ ~/~/ - ~~ _ - .....
0 34' ---- ~ ' ~XISTI~ ~I~ITy
· 0 ~ ~' ~ ~ ~ EASEMENT s .'73'~', 7~ ~' ~ '
.LEGAL DESCR I PT I ON
An access and utility easement Iltyot~d In Lot ~3 of ~ection 34. To~nlhip 7
South. Range 88 West o~ the 6th Pr nc~pal Meridian. To.n of Carbondale.
Garfield County. Colorado. and bein~ more particularly described as follo~:
Be~innJnq .... at ~he Northeast Corner of Lot B V rst Amendment to the Pilfer
5~divis~on ~xempt~on ~n said To~n of Carbonda e ~hence the ~outh~est
Corner of Block 29 in said To~n of Carbondale bears S 37'49'59'E S82.60 feel:
thence 50~*~g'oo'E 143.00 feet a onq the Easterly boundar line of sa'd
,~-.- . ~,'~',.'...~..7 .., ,o ,~;...~,.~ so~..~7 ~I.
portion of *aid Lot B: thence N 03'~9 O0 ~ 122.11 feet alon~ said Westerly
Y~ ''.~.~ y';y~ ~eet"ol?.9-1h~ Norlherly .boundary.-I ne-of-laid Lot R tn tk~
point el Peglnnln9. contalnin~ 4~02 ~quor~ feet
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~LVI~ D~VI$ PITKIN CO~Ty CO R eeo D e.eo
E~NT A~E~NT P~AT
'~.,.~', * --" '' /: 1022 & 1044 UAIN STREET
s~,~ v.~o' '~ L~ES W SPACE
I IIIIII Illtl III1 1 III IIIIII IIII I1 11111 III IIIIII III IIII ee eo ,
, 1011512003 e2:53p,
R e.eo D e.ee
ACCESS AND UTILITY EASEMENT AGREEMENT
THIS AGREEMENT is made this day o , .2003 by and between Pitkin COunty
Colorado a Colorado Home Rule Charter County and City of Aspen, Colorado, a Colorado Home
Rule City, Grantors, and CS Associates of Carbundale, LLC a Colorado limited liability company (
CS ASSOCIATES ) Grantee and Clifford Cerise Ranch Co. LLLP, a Colorado limited liability
limited partnership ( RANCH COMPANY ) Grantee (collectiyely 'Grantees).
,WITNESSETH:
WHEREAS, the Grantors are the owners of certain real property iocated in Garfield County,
Colorado as described on Exhibit "A" attached hereto ("Grantors Property"); and
WHEREAS, CS ASSOCIATES is the owner certain real property located in the Garfield County,
Colorado as described on Exhibit "B" attached hereto (" CS ASSOCIATES Property") which is
adjacent to Grantors Property; and
WHEREAS, An access and utility easement currently exists across Grantors Property for the use
and benefit of CS ASSOCIATES Property as described in Town of Carbondale Resolution 9t~10
Series 1991 dated July 23, 1991 (Access and Utility Easement)and
WHEREAS, RANCH COMPANY and CS ASSOCIATES are the owners of certain real property
located in the Garfield County, Colorado as described on Exhibit "C" attached hereto
( RANCH/CS Property' ) which is adjacent to Grantors Property; and
WHEREAS Grantors desire to grant the right to RANCH COMPANY ~nd CS ASSOCIATES to
use and enjoy the Easement; and
WHEREAS, the parties desire to formalize their agreement and specify the rights and obligations
of the Parties with respecl to the Access and Utility Easement and modify the Access and Utility
Easement consistenl with the description attached as F, xhibit D (Access and Utilily Easement
Area) tbr the use and benefil t~£Grantors and Grantees;
NOW THEREFORE, for mad in consideration o£Ten Dollars and the promises mad covenants
contained herein, the receip! and sufficiency of which is hereby acknowledged, the pm'ties agree as
follows: '
1. Grant of Easement Grantors hereby grant to Grantees a perpetual, unlimited and non-
exclusive easement over and across the Access and UtiI/ty Easement Area for/ngress and e e
and utilities for the use of Grantees respective properties gr ss,
2. ~__jghts and Use of Easement Area. The Part/es shaI1 not construct amy kmprovements
whatsoever in the Easement Area nor take any action, wh/ch would restrint the use and enjoyment
of the Basement Area, specified herein.
3. Runnin,~ of Benefits and Burdens. The burdens and benefits of the provisions of this
Agreement shall run w/th the Grantors ~roperty and Grantee s Property, respectively, and are
binding upon and inure to the heirs, assigns and successors of the parties hereto.
4. Sharin~ of Maintenance '
and I_m. provements Costs Grantor, CS ASSOCIATES and RANCH
/CS Property o-diners shall share equal/y in the cost of maintenance and improvements to the
Easement Area. Written approval from all three property owners shall be obtained prior to the
construction of any/mprovements to the Access and Utility Easement Area. The parties agree to
cooperate in future reasonable efforts to maintain and improve the Access and Utility Easement
Area.
5. A__~orneys' Fees. Should any party hereunder be required to resort to legal or equitable
process for the enforcement of any provisions of th/s Agreement, the prevailing party shall be
entitled to collect ali of their reasonable attorneys' fees, expenses and costs.
6. Indemn/fication _ Grantees shall indemnify and hold Grantors harmless against all
liabilities, damages and other expenses which may l~e/reposed upon, incurred by or asserted
against Grantors by reason of any negligence on the part of Grantee, its agents, contractors,
licensees, or invitees or any personal injury or property damage occurring on or about the Access
and Utility Easement Area associated with Grantees use of the Access an.d Utility Easement Area.
If any action or proceeding is brought against Grantors by reason of any such occurrences,
Grantee, upon written notice from Grantors, will, at Grantee's expense, resist or defend such action
or proceeding by counsel approved in wr/fing by Grantors, such' approval not to be withheld
unreasonably.
7. ~ A copy of this Agreement ~aay be executed by each party, separately, and
when each party has executed a copy thereof, such copies taken together shall be deemed to be a
full and complete Agreement between the part/es
IN WITNESS WHEREOF, the parties have executed th/s Access and Utility Easement Agreement
on the day and year written above.
GR~'~TTORS:
489791
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D e.oe
' Pitkin Count~Colorado a-Colorado.Home Rule Charter Court
3'ack Hatfield, Chairp~on Pitk/n ~ounty Board c~' County Commissioners
John Ely Es~6~~rney of Pitldn County Colorado
Coun~
a Colorado Home Rule Charter
City of Aspen, Colorado, a Colorado Home Rule City
H ten Kl~defud aff~~City~ofA~l;en' Colorado, a Colorado Home Rule City
GRANTEES:
C AS OCI T F ONDALE, LLC
By Micha~e, Manager
: L/try L. Stangelmad, Manager
SILVI~ DAVIS PITKIN COUNTY CO
~ ............. R 0.00
489791
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D 0.00
CLIFFORD CERISE RANCH CO., LLLP
By~ff-/lifford O. Cerise, General Partner
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
the foregoing was ~ubsc~bed and swo~n to before me
,2003,
by Jack Hatfield, as Chairperson Pitkin County Board of County Commissioners.
Witness my hand and official seal.
My coF2zni~.ion expires:
STATE OF COLORADO )
) SS.
COUNTY OF Prmm )
The foregoing was subscribed and sworn to before me this
by John Ely Esq., as Pifldn County Attorney
,2003,
Wimess my hand and official seal.
My commission expires: _
STATE OF COLORADO
COUNTY OF PITKIN
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10/15/2003 02:58p
The foregoing was subscribed and sworn to before me this _~daY of <~)~JUff~ x, ,
by Helen Klandeurud as Mayor of City of ASPen, Colorado. ~
Wimess my hand and official.seal.
My commission exp/reS:
~tary Public
2003,
STATE OF COLORADO
COUNTY OF PITKIN
The foregoing was subscribed and sworn to before me this,~,~a/day
by Jolm Worcester as City Attorney of City of Aspen, Colora~t0.
Wimess my hand and official seal.
My cornmission expires: 4/
~otary Public
2003,
STATE OF COLORADO
SILVIA DRVI$ PZTKIN COUNTy CO R O 00
489791
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D 0.00
COUNTY OF GARFIELD )
The foregoing was subscribed and sworn to before me this/~''~-Z~ day of ~ --~
by Michael B. Cerise as Manager of CS Associates of Carbondale, LLC.
Witness my hand and official seal.
2003
My commission expires:
N~ary Public~,~
STATE ~OF COLORADO
SS.
COUNTY OF GARFIELD )
The foregoing was subscribed and sworn to before me this/c~"---~d~ay of
by Larry- L. Stangeland as manager of CS Associates of Carbondale, LLC.
2003,
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO
COUNTY OF GARFmLD
The foregoing was subscribed mud sworn to before me thiyf'/~ day ofx.~o - ~
by Clifford O. CeriSe, General Partner of CLIFFORD CERISE RANCH CO., LLLPi
,2003
Witness my hand and offic/al seal.
489791
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D 0.0(~
My commission expires:
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SILVIA DAVIS AITKIN COUNTY O0 R 0.00 D 0,00
Exhibit A
Legal Description
A tract of land situated/n Lot 13, Section 34, Townskip 7 South, Range 88 West
of the SLxth Principal Meridian, Town of Carbondale, Garfield County, Colorado, more
fully described as follows:
Lot B
Beginning at a Point on the South I/ne of Main Street whence the southwest
comer of Block 29, Town of Carbondale;
bears S 37° 49' 59" E 582.60 feet;
thence S 03° 39' 00" E 161.01 feet;
thence East 2.46 feet;
thence S 03° 29' 00" E 50.00 feet;
thence West 122.48 feet;
thence N 00° 45' 38" W 159.72 feet;
thence N 030 39' 00" W 49.78 feet;
thence N 89° 23' 00" E 112.03 feet to the Point of Beg/tm/rig.
The above described tract is comprised entirely of those tracts of land conveyed to
Charles Larry Pilfer and Konea Raye Piffer in Deeds recorded in the Garfield County
Records in Book 337 at Page 17, in Book 398 at Page 355, in Book 413 at 171, and in
Book 529 at Page 599.
489791
10/~5/2oe3
EXhibit B
Legal Description
A tract of land situated in Lot 13, Section 34, Township 7 South, Range 88 West
of the Sixth Principal Merit/an, Town of Carbondale, Garfield County, Colorado, more
fully described as follows:
Lot A
BegSnnln.g at a Point on the South I/ne of Main Street whence the southwest
comer of Block 29, Town of Carbondale;
bears S 37° 49' 59" E 582.60 feet;
thence S 03° 39' 00't E 161.01 feet;
thence East 2.46 feet;
thence S 03o 29' 00" E 50.00 feet;
thence West 122.48 feet;
thence N 00° 45' 38" W 159.72 feet;
thence N 03° 39' 00' W 49.78 feet;
thence N 89o 23' 00" E 112.03 feet to the Point of Begirming.
The above described tract is comprised entirely of those tracts of land conveyed to
Charles Larry Pilfer and Konea Raye Piffer in Deeds'recOrded/n the Garfield County
Records in Book 337 at Page 17, in Book 398 at Page 3~5, in Book 413 at 171, and in
Book 529 at Page 5992
LEGAL DESCRIPTION
EXHIBIT "C"
PARCEL 2:
~ TRACT OF LA/~D I.~ LOT 13, SE~IO~ 3~', T~S~ ~ SO~, ~ SS ~T OF T~
~ N 8~23'E 7~ FEET;
STAT~ OF COLORADO.
Exhibit D
Access and Utility Easement
MA IN STREET
213 AG
PARC~L'~I
PANC~L
zor 11985 SF ~
345 s sg. 23.oo-~ 7s.o~.
LEGAL DESCR I PT I ON
An access and utility easement situated in Lot I$ of Sectio~ 34. To~usKip 7
South, ~an]e ~ Wesl o[ the 6th PrincipaJ Meridian. Town of Carb~udaie.'
G~rfie d County, Colorado. and be ng. more part cularl/ described as
Beqinning at the Northeast Corner of Lot B. First Amendment to the Pilfer
S~Bdivis~on E×em~tion in said To~ or Carb~I~date ~hence the
Corner o[ Block ~9 in said Town af Carbondale bears S 37°49'59'E 552.§0 fe~:
thence S 03°59'00"E 143.00 [eet ~Jo~q the Easterly boundary line of
thence N 6i~56 i4~W 43.47 {eot 1'o th~ Westerly bo%hoary ii"~e c[ T~e N~r~herty
portion oF said Lot B: thence N 03° 59'00" W [22. tt {ee~ alan9 s~id ~s*er{¥ -
N ~9~25'00"E 37.03 Teet aJon$ the Nor~hei%Jy boundary line cf scid Lot
SCALE 1"=30'
Page: 11 o¢ 11
10/1512003 02:56P
SILVIR DRVI$ PITKIN COUNTY CO R 0,00 ~1 0.00
1022 & 1044 MA~
CARBONDA! F. CQLDRADD
//