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HomeMy WebLinkAboutbocc.ord.037.2000 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,ACCEPTING A GRANT OF EASEMENT FOR A PORTION OF SMUGGLER MOUNTAIN ROAD FROM H. MONTGOMERY LOUD AND PAULA W. LOUD ORDINANCE No. -2000 RECITALS 1. Pitkin County has initiated an action in the United States District Court for the District of Colorado, to determine the status of Smuggler Mountain Road. H. Montgomery and Paui W. Loud(the "Louds") are named Defendants in that action. 2. The Louds have tendered to the County a Grant of Easement for a perpetual non-exclusive surface easement and right of way for public road purposes as in place and constructed over and across Smuggler Mountain Road in the general location as shown on Exhibit A attached hereto and made a part hereof and the centerline as show in Exhibit B, Easement Description of a Portion of Smuggler Mountain Road, attached hereto and made a part hereof. 3. Acceptance of the Grant of Easement from the Louds eliminates two parties from the pending federal action over Smuggler Mountain Road. 5. The legal description for the centerline of Smuggler Mountain Road does not designate descriptions for the segments of the road within specific private property. It is necessary to have a surveyor prepare an accurate legal description of only the portion of the road that is being granted to County. The current easement contemplates obtaining a specific surveyed legal description subsequent to acceptance of this Easement and recording a Correction Grant of Easement when the description is completed. NOW, THEREFORE,BE IT ORDAINED: I. That the Grant of Easement from the Louds to Pitkin County is accepted and that chair is authorized to sign the Easement and any other documents necessary to finalize this transaction, after approval of the form of such documents by the County Attorney. 2. That staff is authorized to have the surveyor prepare a surveyed legal description of the easement conveyed by the Grant of Easement. 3. Upon receipt of the surveyed legal description, a Correction Grant of Easement shall be prepared and the Chair is specifically authorized to execute the Correction Grant of Easement and any other documents necessary to finalize this transaction, after approval of the form of such documents by the County Attorney. 1111111111111111111111111111111111111111111111111111111 447928 10/13/2000 01:34P ORDINANC DAVIS SILVI 1 of 22 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO Ordinance No. -2000 Page 2 INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 23" DAY OF AUGUST, 2000. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON 1ST DAY OF SEPTEMBER,2000. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 13T11 DAY OF SEPTEMBER, 2000. PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 23"D DAY OF SEPTEMBER, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO J- Jearie to Jones ! Shellie Roy Harper, air De Clerk 9/Z G/� u APPROVED AS TO FORM: &IVA (�2'- Deborah Quinn <,?1;i1.4 'u4arme Konc an Assistant County Attorney Cott Manag r 1/ords/stanger easement ord.doc i irriii trill rr�i�r iririi tilt irriri cirri iii rriir iiri irri 447928 10/13/2000 01:34P ORDINANC DAVIS SILVI 2 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Vill Hill 111111111111111111 IN 1111111111111111111 IN IN 447928 10/13/2000 01:34P ORDINANC DAVIS SILVI r X H I B I T A 3 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO SMUGGLER MOUNTAIN ROAD APPARENT EASEMENT , 'SMUGGLER M UNTAIN ROAD i APPAR i/E SEMENT ,�� �'•1 C, c; 5 �i§MUGGI q' MOUNTAIN KOAD :Z`',1\` t/te ' ;':� APPARENT)€ASEMENk' R.84 W. 6TH P CA UO SMUGGLER MOUNTAIN ROAD APPARENT EASEMENT 60 : _ E;I ACT •� 50( 500 I 0 I GRAPHIC SCALE B.A.I. NO. 8360-49 SCALE: 1 INCH = 500 FEI D.E.F. 6—20—2000 EXHIBIT B EASEMENT DESCRIPTION Or A PORTION OF SMUGGLER MOUNTAIN ROAD Easement is situated in Sections 7 and 8, Township 10 South, Range 84 West, 6th Principal Meridian, County of Pitkin, State of Colorado, the centerline of which is more fully described as follows: Beginning at the westerly centerline point of the easement,whence the E 1/4 corner of said Section 7 bears N 44° 35' 01" E, 2129.25 feet and considering the north line of the NE 1/4 of the SE 1/4 of said Section 7 to bear N 88° 46' 38" W, with all other bearings contained herein relative thereto; 1. Thence S 47° 27' 00" E, 26.85 feet; 2. Thence southeasterly 58.57 feet along the arc of a circular curve to the right with a central angle of 55° 56' 00", a radius of 60.00 feet and a chord bearing S 19° 29' 00" E, 56.27 feet; 3. Thence S 08° 29' 00" W, 46.54 feet; 4. Thence southeasterly 34.98 feet along the arc of a circular curve to the left with a central angle of 40°05' 12", a radius of 50.00 feet and a chord bearing S I V 33' 36" E, 34.27 feet; 5. Thence southeasterly 55.13 feet along the arc of a circular curve to the left with a central angle of 92° 53' 55", a radius of 34.00 feet and a chord bearing S 78° 03' 09" E, 49.28 feet; 6. Thence northeasterly 156.65 feet along the arc of a circular curve to the left with a central angle of 83° 52' 56", a radius of 107.00 feet and a chord bearing N 13° 33' 25" E, 143.03 feet; 7. Thence northeasterly 142.54 feet along the arc of a circular curve to the right with a central angle of 181° 29' 03", a radius of 45.00 feet and a chord bearing N 62° 21' 29" E, 89.99 feet; 8. Thence S 26° 54' 00" E, 96.42 feet; 9. Thence southeasterly 50.01 feet along the arc of a circular curve to the right with a central angle of 46° 13' 00", a radius of 62.00 feet and a chord bearing S 030 47' 30" E, 48.67 feet; 10. Thence S 19° 19' 00" W, 147.02 feet; 11iii Bill 1111111111 IN 111111111111111111111 III Hill 1111111i IN 447928 10/13/2000 01%34P ORDINANC DAVIS SILVI 4 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 38. Thence northeasterly 99.82 feet along the arc of a circular curve to the left with a central angle of 46" 52' 46", a radius of 122.00 feet and a chord bearing N 04' 30' 56" E, 97.06 feet; 39. Thence northeasterly 137.55 feet along the arc of a circular curve to the right with a central angle of 20° 25' 01", a radius of 386.00 feet and a chord bearing N 08° 42' 56" W, 136.82 feet; 40. Thence northwesterly 44.70 feet along the arc of a circular curve to the left with a central angle of 21° 20' 32", a radius of 120.00 feet and a chord bearing N 09° 10'4l" W, 44.44 feet; 41. Thence northwesterly 151.20 feet along the arc of a circular curve to the right with a central angle of 13° 49' 01", a radius of 627.00 feet and a chord bearing N 12° 56' 27" W, 150.83 feet; 42. Thence northeasterly 96.65 feet along the arc of a circular curve to the right with a central angle of 56° 30' 34", a radius of 98.00 feet and a chord bearing N 22° 13' 20" E, 92.78 feet; 43. Thence northeasterly 146.02 feet along the arc of a circular curve to the left with a central angle of 20° 45' 37", a radius of 403.00 feet and a chord bearing N 40° 05' 49" E, 145.22 feet; 44. Thence N 29° 43' 00" E, 100.86 feet; 45. Thence northeasterly 73.53 feet along the arc of a circular curve to the left with a central angle of 42°07'47", a radius of 100.00 feet and a chord bearing N 08° 39'07" E,71.88 feet; 46. Thence northeasterly 59.70 feet along the arc of a circular curve to the right with a central angle of 34° 12' 14", a radius of 100.00 feet and a chord bearing N 04°41'20" E, 58.81 feet; 47. Thence N 21° 47' 27" E, 168.01 feet; 48. Thence northwesterly 76.84 feet along the arc of a circular curve to the left with a central angle of 122° 17' 21", a radius of 36.00 feet and a chord bearing N 39" 21' 13" W, 63.06 feet; 49. Thence northwesterly 78.67 feet along the arc of a circular curve to the right with a central angle of 24° 45' 54", a radius of 182.00 feet and a chord bearing N 88° 06' 57" W, 78.05 feet; 50. Thence N 75° 44' 00" W, 174.41 feet; I IN 11111111111111111111111111111 4 447928 10/13/2000 01:34P ORDINANAVSfill 1111 5 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY LCO 51. Thence northwesterly 57.82 feet along the arc of a circular curve to the right with a central angle of 30' 07' 04", a radius of 110.00 feet and a chord bearing N 60° 40' 28" W, 57.16 feet; 52. Thence northwesterly 233.37 feet along the are of a circular curve to the right with a central angle of 68° 13' 10", a radius of 196.00 feet and a chord bearing N 11' 30' 21" W, 219.83 feet; 53. Thence northeasterly 59.99 feet along the arc of a circular curve to the left with a central angle of 17° 11' 10", a radius of 200.00 feet and a chord bearing N 14° 00' 39" E, 59.77 feet; 54. Thence northeasterly 50.33 feet along the are of a circular curve to the right with a central angle of 36° 02' 57", a radius of 80.00 feet and a chord bearing N 23° 26' 32" E, 49.51 feet; 55. Thence N 41° 28' 00" E, 50.87 feet; 56. Thence northwesterly 107.45 feet along the arc of a circular curve to the left with a central angle of 84° 20' 00", a radius of 73.00 feet and a chord bearing N 00° 42'00" W, 98.01 feet; 57. Thence N 42' 52' 00" W, 126.66 feet; 58. Thence northwesterly 83.70 feet along the arc of a circular curve to the right with a central angle of 85' 38' 17", a radius of 56.00 feet and a chord bearing N 00' 02' 51" W, 76.12 feet; 59. Thence northeasterly 97.98 feet along the arc of a circular curve to the left with a central angle of 20° 33'48", a radius of 273.00 feet and a chord bearing N 32'29'23" E, 97.45 feet; 60. Thence northeasterly 112.95 feet along the arc of a circular curve to the right with a central angle of 05° 32' 26", a radius of 1168.00 feet and a chord bearing N 24° 58' 42" E, 112.90 feet; 61. Thence northeasterly 231.23 feet along the arc of a circular curve to the left with a central angle of 16° 01' 11", a radius of 827.00 feet and a chord bearing N 19° 44' 20" E, 230.47 feet; 62. Thence northeasterly 49.99 feet along the arc of a circular curve to the left with a central angle of 19" 05'45", a radius of 150.00 feet and a chord bearing N 02° 10' 52" E, 49.76 feet; 63. Thence N 07° 22' 00" W, 68.66 feet; 64. Thence northwesterly 74.01 feet along the arc of a circular curve to the left with a central angle of 47°06 51", a radius of 90.00 feet and a chord bearing N 30° 55'26" W, 71.94 feet; 1111111 111il 111111111111 IN 111111 HE 111111111111 IN 5 447928 10/13/2000 01:34P ORDINANC DAVIS SILVI 6 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO l 1. Thence southwesterly 117.48 feet along the arc of a circular curve to the left with a central angle of 34° 10' 05", a radius of 197.00 feet and a chord bearing S 02° 13' 58" W, 115.75 feet; 12. Thence southeasterly 82.58 feet along the arc of a circular curve to the left with a central angle of 127° 52' 19", a radius of 37.00 feet and a chord bearing S 78° 47' 14" E, 66.47 feet; 13. Thence northeasterly 66.98 feet along the arc of a circular curve to the left with a central angle of 28' 25'36", a radius of 135.00 feet and a chord bearing N 23° 03' 48" E, 66.29 feet; 14. Thence N 08° 51' 00" E, 60.29 feet; 15. Thence northeasterly 83.73 feet along the arc of a circular curve to the right with a central angle of 159° 54'44", a radius of 30.00 feet and a chord bearing N 88° 48' 22" E, 59.08 feet; 16. Thence southwesterly 145.93 feet along the arc of a circular curve to the right with a central angle of 38° 00' 20", a radius of 220.00 feet and a chord bearing S 07° 45' 54" W, 143.27 feet; 17. Thence southwesterly 94.84 feet along the arc of a circular curve to the left with a central angle of 47° 40'04", a radius of 114.00 feet and a chord bearing S 02° 56'02" W, 92.13 feet; 18. Thence S 20° 54' 00" E, 92.51 feet; 19. Thence southeasterly 101.82 feet along the arc of a circular curve to the left with a central angle of 34° 19' 00", a radius of 170.00 feet and a chord bearing S 38° 03' 30" E, 100.30 feet; 20. Thence S 55° 13' 00" E, 144.37 feet; 21. Thence northeasterly 84.88 feet along the arc of a circular curve to the left with a central angle of 162° 06' 00", a radius of 30.00 feet and a chord bearing N 43° 44' 00" E, 59.27 feet; 22. Thence N 37° 19' 00" W, 47.68 feet; 23. Thence northwesterly 132.94 feet along the arc of a circular curve to the right with a central angle of 63° 28' 19", a radius of 120.00 feet and a chord bearing N 05° 34' 50" W, 126.24 feet; 24. Thence northeasterly 181.15 feet along the arc of a circular curve to the right with a central angle of 23° 48' 20", a radius of 436.00 Net and a chord bcaring N 38° 03' 29" E, 179.85 feet; 1111111111111111111111111111111 2 447928 10/23/2000 01:34P ORDINANC DAVIS SILVI 7 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 25. Thence northeasterly 131.44 feet along the arc of a circular curve to the left with a central angle of 36° 44' 09", a radius of 205.00 feet and a chord bearing N 31" 35' 35" E, 129.20 feet; 26. Thence northwesterly 234.45 feet along the arc of a circular curve to the left with a central angle of 37' 06' 30", a radius of 362.00 feet and a chord bearing N 05° 19' 45" W, 230.38 feet; 27. Thence northeasterly 75.98 feet along the arc of a circular curve to the right with a central angle of 174°08'00", a radius of 25.00 feet and a-chord bearing N 63° 11'00" E,49.93 feet; 28. Thence S 29° 45' 00" E, 175.90 feet; 29. Thence southeasterly 72.48 feet along the arc of a circular curve to the right with a central angle of 06° 25'44", a radius of 646.00 feet and a chord bearing S 26' 32' 08" E, 72.45 feet; 30. Thence southeasterly 121.85 feet along the arc of a circular curve to the left with a central angle of 12° 34' 44", a radius of 555.00 feet and a chord bearing S 29° 36' 38" E, 121.60 feet; 31. Thence S 35° 54' 00" E, 220.73 feet; 32. Thence southeasterly 109.23 feet along the arc of a circular curve to the left with a central angle of 85°44' 00", a radius of 73.00 feet and a chord bearing S 78'46'00" E, 99.32 feet; 33. Thence N 58° 22'00" E, 43.44 feet; 34. Thence northeasterly 136.83 feet along the arc of a circular curve to the left with a central angle of 65° 20' 00", a radius of 120.00 feet and a chord bearing N 25° 42' 00" E, 129.54 feet; 35. Thence. N 06° 58' 00" W, 513.25 feet; 36. Thence northwesterly 86.80 feet along the arc of a circular curve to the left with a central angle of 220 06' 16", a radius of 225.00 feet and a chord bearing N 18° 01' 08" W, 86.27 feet; 37. Thence northwesterly 74.65 feet along the arc of a circular curve to the right with a central angle of 57' 01'35", a radius of 75.00 feet and a chord bearing N 00° 33' 29" W, 71.60 feet; I IN I 11111111111111111111111111111 IN 3 44792a 10/13/2000 01:34P ORDINANC DAVIS SILVI 8 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 65. Thence northwesterly 100.58 feet along the arc of a circular curve to the right with a central .uigle of 40' 34' 59", it radius of 142.00 feet and a chord hearing N 340 11' 21" W, 98.49 feet; 66. Thence northwesterly 146.02 feet along the arc of a circular curve to the left with a central angle of 15° 22' 44", a radius of 544.00 feet and a chord bearing N 21' 35' 14" W, 145.58 feet; 67. Thence northwesterly 58.27 feet along the arc of a circular curve to the right with a central angle of 55° 38' 54", a radius of 60.00 feet and a chord bearing N OP 27' 09" W, 56.01 feet; 68. Thence northeasterly 88.46 feet along the arc of a circular curve to the right with a central angle of 300 54'23", a radius of 164.00 feet and a chord bearing N 41° 49' 29" E, 87.40 feet; 69. Thence southeasterly 96.33 feet along the arc of a circular curve to the right with a central angle of 100' 21' 20", a radius of 55.00 feet and a chord bearing S 72' 32' 40" E, 84.48 feet; 70. Thence S 22° 22' 00" E, 121.56 feet; 71. Thence southeasterly 10.33 feet along the arc of a circular curve to the left with a central angle of 05° 55' 00", a radius of 100.00 feet and a chord bearing S 25° 19' 30" E, 10.32 feet; 72. Thence S 28° 17' 00" E, 191.89 feet; 73. Thence southeasterly 252.78 feet along the arc of a circular curve to the right with a central angle of 19°52'03", a radius of 729.00 feet and a chord bearing S 18°20' 59" E,251.52 feet; 74. Thence southwesterly 134.19 feet along the arc of a circular curve to the right with a central angle of 22° 57' 05", a radius of 335.00 feet and a chord bearing S 03' 03' 35" W, 133.30 feet; 75. Thence southeasterly 163.27 feet along the arc of a circular curve to the left with a central angle of 48° 13'08", a radius of 194.00 feet and a chord bearing S 09° 34' 26" E, 158.49 feet; 76. Thence S 33° 4 P 00" E, 48.95 feet; 77. Thence southeasterly 61.92 feet along the arc of a circular curve to the left with a central angle of 43° 15' 52", a radius of 82.00 feet and a chord bearing S 55° 18' 56" E, 60.46 feet; 78. Thence southeasterly 233.98 feet along the arc of a circular curve to the right with a central angle of 17° 17' 52", a radius of 775.00 feet and a chord bearing S 68° 17' 56" E, 233.09 feet; IIIIII IIIII IIIIII IIIIII IIII IIIIII IIIII III 111111 IN IN 6 447928 10/13/2000 01:34P ORDINANC DAYIS SILVI 9 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 79. Thence S 59' 39' 00" E, 178.69 feet; 80. Thence southeasterly 67.89 feet along the arc of circular curve to the right with a central angle of 19° 27' 00", a radius of 200.00 feet and a chord bearing S 49' 55' 30" E, 67.57 feet; 81. Thence S 40" 12' 00" E, 193.11 feet; 82. Thence southeasterly 235.38 feet along the arc of a circular curve to the left with a central angle of 27° 14'44", a radius of 495.00 feet and a chord bearing S 53" 49' 22" E, 233.17 feet; 83. Thence southeasterly 114.42 feet along the arc of a circular curve to the right with a central angle of 30° 04' 18", a radius of 218.00 feet and a chord bearing S 52° 24' 35" E, 113.11 feet; 84. Thence southeasterly 135.96 feet along the arc of a circular curve to the left with a central angle of 83° 45'34", a radius of 93.00 feet and a chord bearing S 79' 15' 13" E, 124.17 feet; 85. Thence N 58' 52' 00" E, 109.81 feet; 86. Thence northeasterly 23.14 feet along the arc of a circular curve to the right with a central angle of 44° 12'00", a radius of 30.00 feet and a chord bearing N 80' 58'00" E, 22.57 feet; 87. Thence S 76° 56' 00" E, 123.52 feet; 88. Thence southeasterly 166.70 feet along the arc of a circular curve to the right with a central angle of 74°02'22", a radius of 129.00 feet and a chord bearing S 39° 54'49" E, 155.34 feet; 89. Thence southeasterly 61.72 feet along the arc of a circular curve to the left with a central angle of 78' 35' 11", a radius of 45.00 feet and a chord bearing S 42° 1 P 14" E, 57.00 feet; 90. Thence southeasterly 74.62 feet along the arc of a circular curve to the right with a central angle of 95° 01' 14", a radius of 45.00 feet and a chord bearing S 33' 58' 12" E, 66.37 feet; . 91. Thence southwesterly 131.41 feet along the arc of a circular curve to the right with a central angle of 12° 13' 22", a radius of 616.00 feet and a chord bearing S 19° 39'05" W, 131.16 feet; 92. Thence southeasterly 63.65 feet along the arc of a circular curve to the left with a central angle of 151° 56'45", a radius of 24.00 feet and a chord bearing S 50* 12' 36" E, 46.57 feet; I1111114fill,111111 fill,/ 7 147928 10/13/20 1111 IIIII!111 0 Of 22 R 01.34P ORDINA�I III 1111111111111 0.00 0 0.00 N 0.00 prrK N SILVz COUNTY CO 93. Thence northeasterly 132.23 feet along the arc of a circular curve to the right with a central angle of 29° 08' 22", a radius of 260.00 feet and a chord bearing N 68° 23' 12" E, 130.81 feet; 94. Thence northeasterly 160.86 feet along the arc of a circular curve to the left with a central angle of 21° 50' 23", a radius of 422.00 feet and a chord bearing N 72" 02' 12" E, 159.88 feet; 95. Thence N 6 1" 07' 00" E, 102.60 feet; 96. Thence southeasterly 67.06 feet along the arc of a circular curve to the right with a central angle of 153° 41' 00", a radius of 25.00 feet and a chord bearing S 42° 02' 30" E, 48.69 feet; 97. Thence S 34°48' 00" W, approximately 35.00 feet to a point of termination at the intersection with line 7-8, M. S. No. 6270, Rainstorm Lode, whence E 1/4 corner of Said Section 7 bears N 770 08' 13" W, 1710.74 feet. c:Vrome\vickiv\resoskxb-smusjkrrtmuoadcenterline.doe 8 447928 10/13/2000 01:34P ORDINANC DAVIS SILVI 11 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Deborah Quinn, Esq. 530 East Main Street Aspen, Colorado 81611 GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENTS : THAT, for and in consideration of the sum of Ten Dollars ($10 . 00) in hand paid and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned H. Montgomery Loud and Paula W. Loud (collectively, the "Grantor" ) being the record owner of "The Joplin Lode Mining Claim" , USMS 5914, as patented and described in that certain United States Patent No. 19743 dated February 23, 1892 and recorded May 20, 1949 in Book 175 at Page 205, County of Pitkin, State of Colorado (the "Burdened Property" ) , for themselves and their respective heirs, personal representatives, successors and assigns, hereby grant, transfer, sell, convey and assigns unto Pitkin County, Colorado, a home rule County and political subdivision of the State of Colorado (the "Grantee" ) , and its successors and assigns, forever, a perpetual non-exclusive surface easement and right-of-way for public road purposes (the "Easement" ) over and across Smuggler Mountain Road as in place and constructed on the date hereof, in the general location as shown on Exhibit A attached hereto and made a part hereof and the centerline as shown in Exhibit B, Easement Description of a Portion of Smuggler Mountain Road attached hereto and made a part hereof as such Road traverses the Burdened Property. Grantor further agrees that Grantee may cause the Easement to be surveyed, and, upon approval of such survey by Grantor and Grantee, Grantor will execute a correction grant of easement which includes the specific surveyed legal description of the Easement granted herein. Notwithstanding the foregoing, however, in granting the foregoing Easement the Grantor expressly does not warrant that it has title in and to Smuggler Mountain Road, and Grantee accepts the Easement with the express understanding that Grantor is making no such warranties of title. The burdens of the Easement shall run with the title to the Burdened Property. I"III 'IIII "III' I'I'II IN 1111111111111111111111I IN 447928 10/13/2000 01:34P ORDINANC DAVIS SI 12 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO IN WITNESS WHEREOF, the Grantors have executed this Grant of Easement as of this day of August, 2000 . H. MONTGOMERY LOUD ✓ BY: ' PAULA L ! i� BY: STATE OF COLORADO ) ss . COUNTY OF PITKIN ) cub��r..ibed and sworn to before me this Lday of August, :2 '0';' liy .If'- 'Montgomery Loud. Witness my hand and official seal . -,My-\&bmm ssion expires : Notary Public STATE OF. COLORADO ) ss . COUNTY OF PITKIN ) i6_u-p6ribed and sworn to before me this/jy�L,day of August, :2D( 0; hula W. Loud. With' 'my hand and official seal . ''"l' '�&Qmmission expires : N6tdry Public AGREED TO AND ACCEPTED, this &�day of 2000 by Shejjj , Chair of the Board of County Co missioners of Pitki-h County, Colorado. ' By: / Attest : \ Chair i 447928 II 928 10/13/2000 01 1 :34P OR I II"I III�'IIII I'I I"I 3 of 22 R 0.00 0 0.00 N 0.00NPITKIN COUNTY CO 1111111111111111111111111111111111111111111111111111111 IN 147of822 R10.000D 0.004N 0.00NANC PITKINVIS COUNTYVCO EXHIBIT A SMUGGLER MOUNTAIN ROAD APPARENT EASEMENT 'SMUGGLER MOUNTAIN R AD APPARE "E S1 IT lo t -e l/W .'NE C' S� � ' �",tMUGGL MOUNTAIN ROAD Tie' R.84 w TH r ��' �.// APPARENT.€ASEMENI` ,;:• c, / T.I0 Jo4 67H_e.M. (-1°° rtf j b9-1 C P 1_! ci SMUGGLER MOUNTAIN ROAD r r'' APPARENT EASEMENT r, N 4 \. 60q�4141tTi\` FEET 500 0 500 F / 0 J GRAPHIC SCALE B.A.I. NO. 8360-49 D.E.F. 6-20-2000 SCALE: 1 INCH = 500 FEET EXHIBIT B EASEMENT DESCRIPTION Or A PORTION OF SMUGGLER MOUNTAIN ROAD Easement is situated in Sections 7 and 8, Township 10 South, Range 84 West, 6th Principal Meridian, County of Pitkin, State of Colorado, the centerline of which is more fully described as follows; Beginning at the westerly centerline point of the easement,whence the E 1/4 corner of said Section 7 bears N 44' 35' 01" E, 2129.25 feet and considering the north line of the NE 1/4 of the SE 1/4 of said Section 7 to bear N 88' 46' 38" W, with all other bearings contained herein relative thereto; 1. Thence S 47' 27' 00" E, 26.85 feet; 2. Thence southeasterly 58.57 feet along the arc of a circular curve to the right with a central angle of 55' 56' 00", a radius of 60.00 feet and a chord bearing S 19' 29' 00" E, 56.27 feet; 3. Thence S 08° 29' 00" W, 46.54 feet; 4. Thence southeasterly 34.98 feet along the arc of a circular curve to the left with a central angle of 40'05' 12", a radius of 50.00 feet and a chord bearing S I V 33' 36" E, 34.27 feet; 5. Thence southeasterly 55.13 feet along the arc of a circular curve to the left with a central angle of 92' 53' 55", a radius of 34.00 feet and a chord bearing S 78' 03' 09" E, 49.28 feet; 6. Thence northeasterly 156.65 feet along the are of a circular curve to the left with a central angle of 83° 52' 56", a radius of 107.00 feet and a chord bearing N 13" 33' 25" E, 143.03 feet; 7. Thence northeasterly 142.54 feet along the arc of a circular curve to the right with a central angle of 181' 29' 03", a radius of 45.00 feet and a chord bearing N 62° 21' 29" E, 89.99 feet; 8. Thence S 26' 54' 00" E, 96.42 feet; 9. Thence southeasterly 50.01 feet along the arc of a circular curve to the right with a central angle of 46' 13' 00", a radius of 62.00 feet and a chord bearing S 03° 47' 30" E, 48.67 feet; 10. Thence S 19° 19' 00" W, 147.02 feet; IIIIII 11111111111111111111111111111111111111111111111 1 928 10/13/2000 01:34P ORDINANC DAV1 VI 'S of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY Co 11. Thence southwesterly 117.48 feet along the are of a circular curve to the left with a central angle of 34' 10' 05", a radius of 197.00 feet and a chord bearing S 02' 13' 58" W, 115.75 feet; 12. Thence southeasterly 82.58 feet along the arc of a circular curve to the left with a central angle of 127' 52' 19", a radius of 37.00 feet and a chord bearing S 78' 47' 14" E, 66.47 feet; 13. Thence northeasterly 66.98 feet along the arc of a circular curve to the left with a central angle of 28' 25' 36", a radius of 135.00 feet and a chord bearing N 23° 03'48" E, 66.29 feet; 14. Thence N 08' 51' 00" E, 60.29 feet; 15. Thence northeasterly 83.73 feet along the arc of a circular curve to the right with a central angle of 159° 54' 44", a radius of 30.00 feet and a chord bearing N 88' 48' 22" E, 59.08 feet; 16. Thence southwesterly 145.93 feet along the arc of a circular curve to the right with a central angle of 38" 00' 20", a radius of 220.00 feet and a chord bearing S 07° 45' 54" W, 143.27 feet; 17. Thence southwesterly 94.84 feet along the arc of a circular curve to the left with a central angle of 47' 40' 04", a radius of 114.00 feet and a chord bearing S 02" 56' 02" W, 92.13 feet; 18. Thence S 20' 54' 00" E, 92.51 feet; 19. Thence southeasterly 10 1.82 feet along the arc of a circular curve to the left with a central angle of 34° 19' 00", a radius of 170.00 feet and a chord bearing S 38' 03' 30" E, 100.30 feet; 20. Thence S 55' 13' 00" E, 144.37 feet; 21. Thence northeasterly 84.88 feet along the arc of a circular curve to the left with a central angle of 162' 06' 00", a radius of 30.00 feet and a chord bearing N 43' 44' 00" E, 59.27 feet; 22. Thence N 37' 19' 00" W, 47.68 feet; 23. Thence northwesterly 132.94 feet along the are of a circular curve to the right with a central angle of 63' 28' 19", a radius of 120.00 feet and a chord bearing N 05' 34' 50" W, 126.24 feet; 24. Thence northeasterly 181.15 feet along the arc of a circular curve to the right with a central angle of 23' 48' 20", a radius of 436.00 feet and a chord bearing N 38' 03' 29" E, 179.85 feet- I I11III 11III 11III1 I1I1II Jill1111112 147928 10/13/2000 01:34 II11I NC VS VZ of 22 R 0.00 0 0.00 N 0 @0Np TkiNVCOU 25. Thence northeasterly 131.44 feet along the are of a circular curve to the left with a central angle of 36° 44' 09", a radius of 205.00 feet and a chord bearing N 310 35' 35" E, 129.20 feet; 26. Thence northwesterly 234.45 feet along the arc of a circular curve to the left with a central angle of 37* 06' 30", a radius of 362.00 feet and a chord bearing N 05" 19' 45" W, 230.38 feet; 27. Thence northeasterly 75.98 feet along the arc of a circular curve to the right with a central angle of 174' 08' 00", a radius of 25.00 feet and a-chord bearing N 63' 11' 00" E,49.93 feet; 28. Thence S 29° 45' 00" E, 175.90 feet; 29. Thence southeasterly 72.48 feet along the arc of a circular curve to the right with a central angle of 06' 25'44", a radius of 646.00 feet and a chord bearing S 26' 32'08" E, 72.45 feet; 30. Thence southeasterly 121.85 feet along the arc of a circular curve to the left with a central angle of 12° 34' 44", a radius of 555.00 feet and a chord bearing S 29' 36' 38" E, 121.60 feet; 31. Thence S 35' 54' 00" E, 220.73 feet; 32. Thence southeasterly 109.23 feet along the are of a circular curve to the left with a central angle of 85°44' 00", a radius of 73.00 feet and a chord bearing S 78' 46'00" E, 99.32 feet; 33. Thence N 58' 22' 00" E, 43.44 feet; 34. Thence northeasterly 136.83 feet along the arc of a circular curve to the left with a central angle of 65' 20' 00", a radius of 120.00 feet and a chord bearing N 25' 42' 00" E, 129.54 feet; 35. Thence. N 06' 58' 00" W, 513.25 feet; 36. Thence northwesterly 86.80 feet along the arc of a circular curve to the left with a central angle of 22' 06' 16", a radius of 225.00 feet and a chord bearing N 18° 01' 08" W, 86.27 feet; 37. Thence northwesterly 74.65 feet along the arc of a circular curve to the right with a central angle of 57° 01' 35", a radius of 75.00 feet and a chord bearing N 00' 33' 29" W, 71.60 feet; 1111111111 447928 1 11'�Il111111111 3 17 of 22 13/20ee 01:1111111111111111 R 0. 4p ORDZNANC D 1111111111111 00 D 0.s0 N )ItD PZrKZNVZS SZLVz N7'Y CO 38. Thence northeasterly 99.82 feet along the arc of a circular curve to the left with a central angle of 46' 52' 46", a radius of 122.00 feet and a chord bearing N 04' 30' 56" E, 97.06 feet; 39. Thence northeasterly 137.55 feet along the arc of a circular curve to the right with a central angle of 20' 25' 01", a radius of 386.00 feet and a chord bearing N 0PAT 56" W, 136.82 feet; 40. Thence northwesterly 44.70 feet along the arc of a circular curve to the left with a central angle of 2P 20' 32", a radius of 120.00 feet and a chord bearing N 09' 10' 4 1" W, 44.44 feet; 41. Thence northwesterly 151.20 feet along the arc of a circular curve to the right with a central angle of 13' 49' O1", a radius of 627.00 feet and a chord bearing N 12' 56' 27" W, 150.83 feet; 42. Thence northeasterly 96.65 feet along the arc of a circular curve to the right with a central angle of 56' 30' 34", a radius of 98.00 feet and a chord bearing N 22' 13' 20" E, 92.78 feet; 43. Thence northeasterly 146.02 feet along the arc of a circular curve to the left with a central angle of 20' 45' 37", a radius of 403.00 feet and a chord bearing N 40° 05' 49" E, 145.22 feet; 44. Thence N 29' 43' 00" E, 100.86 feet; 45. Thence northeasterly 73.53 feet along the arc of a circular curve to the left with a central angle of 42' 07'47", a radius of 100.00 feet and a chord bearing N 08° 39' 07" E, 71.88 feet; 46. Thence northeasterly 59.70 feet along the arc of a circular curve to the right with a central angle of 34' 12' 14", a radius of 100.00 feet and a chord bearing N 04' 4P 20" E, 58.81 feet; 47. Thence N 21° 47' 27" E, 168.01 feet; 48. Thence northwesterly 76.84 feet along the arc of a circular curve to the left with a central angle of 122' 17' 21", a radius of 36.00 feet and a chord bearing N 39° 2P 13" W, 63.06 feet; 49. Thence northwesterly 78.67 feet along the arc of a circular curve to the right with a central angle of 24' 45' 54", a radius of 182.00 feet and a chord bearing N 88° 06' 57" W, 78.05 feet; 50. Thence N 75' 44' 00" W, 174.41 feet; II�III Mill 111111111111 fill 4 447928 10/13/20 0 01:34 111111111111II IIIIII 'll II 18 of 22 R 0.00 p 01.34P ORDINANC DAVIS SILV!I 0.00 N 0.00 PITKIN COUNTY CO 51. Thence northwesterly 57.82 feet along the arc of a circular curve to the right with a central angle of 30' 07 04", a radius of 110.00 feet and a chord bearing N 60' 40' 28" W, 57.16 feet; 52. Thence northwesterly 233.37 feet along the arc of a circular curve to the right with a central angle of 68' 13' 10", a radius of 196.00 feet and a chord bearing N I V 30' 21" W, 219.83 feet; 53. Thence northeasterly 59.99 feet along the arc of a circular curve to the left with a central angle of 17' 11' 10", a radius of 200.00 feet and a chord bearing N 14' 00' 39" E, 59.77 feet; 54. Thence northeasterly 50.33 feet along the are of a circular curve to the right with a central angle of 36' 02' 57", a radius of 80.00 feet and a chord bearing N 23' 26' 32" E, 49.51 feet; 55. Thence N 4 P 28' 00" E, 50.87 feet; 56. Thence northwesterly 107.45 feet along the arc of a circular curve to the left with a central angle of 84' 20' 00", a radius of 73.00 feet and a chord bearing N 00' 42' 00" W, 98.01 feet; 57. Thence N 42' 52' 00" W, 126.66 feet; 58. Thence northwesterly 83.70 feet along the arc of a circular curve to the right with a central angle of 85' 38' 17", a radius of 56.00 feet and a chord bearing N 00' 02' 51" W, 76.12 feet; 59. Thence northeasterly 97.98 feet along the arc of a circular curve to the left with a central angle of 20' 33'48", a radius of 273.00 feet and a chord bearing N 32' 29' 23" E, 97.45 feet; 60. Thence northeasterly 112.95 feet along the arc of a circular curve to the right with a central angle of 05' 32' 26", a radius of 1168.00 feet and a chord bearing N 24° 58' 42" E, 112.90 feet; 61. Thence northeasterly 231.23 feet along the arc of a circular curve to the left with a central angle of 16' 01' I 1", a radius of 827.00 feet and a chord bearing N 19° 44' 20" E, 230.47 feet; 62. Thence northeasterly 49.99 feet along the arc of a circular curve to the left with a central angle of 19'05' 45", a radius of 150.00 feet and a chord bearing N 02' 10' 52" E, 49.76 feet; 63. Thence N 07' 22' 00" W, 68.66 feet; 64. Thence northwesterly 74.01 feet along the arc of a circular curve to the left with a central angle of 47' 06' 51", a radius of 90.00 feet and a chord bearing N 30° 55'26" W, 71.94 feet; 1.111111111111111111111111111111 5 1111111111 928 10/13/2000 0t:34P ORDrNAN 19 IIIIIII of 22 R 0.00 D 0.00 N 0.@0NP TKIN COUNTY DAVIS 65. Thence northwesterly 100.58 feet along the are of a circular curve to the right with a central mglc of 40' 34' 59", a radius of 142.00 feet and a chord bearing N 34' 1 l' 21" W, 98.49 feet; 66. Thence northwesterly 146.02 feet along the arc of a circular curve to the left with a central angle of 15' 22' 44", a radius of 544.00 feet and a chord bearing N 2P 35' 14" W, 145.58 feet; 67. Thence northwesterly 58.27 feet along the arc of a circular curve to the right with a central angle of 55' 38' 54", a radius of 60.00 feet and a chord bearing N 01° 27' 09" W, 56.01 feet; 68. Thence northeasterly 88.46 feet along the arc of a circular curve to the right with a central angle of 30' 54' 23", a radius of 164.00 feet and a chord bearing N 41° 49' 29" E, 87.40 feet; 69. Thence southeasterly 96.33 feet along the arc of a circular curve to the right with a central angle of 100' 21' 20", a radius of 55.00 feet and a chord bearing S 72° 32' 40" E, 84.48 feet; 70. Thence S 22' 22' 00" E, 121.56 feet; 71. Thence southeasterly 10.33 feet along the arc of a circular curve to the left with a central angle of 05' 55' 00", a radius of 100.00 feet and a chord bearing S 25° 19' 30" E, 10.32 feet; 72. Thence S 28° 17' 00" E, 191.89 feet; 73. Thence southeasterly 252.78 feet along the arc of a circular curve to the right with a central angle of 19' 52' 03", a radius of 729.00 feet and a chord bearing S 18' 20' 59" E,251.52 feet; 74. Thence southwesterly 134.19 feet along the arc of a circular curve to the right with a central angle of 22' 57' 05", a radius of 335.00 feet and a chord bearing S 03' 03' 35" W, 133.30 feet; 75. Thence southeasterly 163.27 feet along the arc of a circular curve to the left with a central angle of 48° 13' 08", a radius of 194.00 feet and a chord bearing S 09' 34' 26" E, 158.49 feet; 76. Thence S 33' 41' 00" E, 48.95 feet; 77. Thence southeasterly 61.92 feet along the arc of a circular curve to the left with a central angle of 43" 15' 52", a radius of 82.00 feet and a chord bearing S 55" 18' 56" E, 60.46 feet; 78. Thence southeasterly 233.98 feet along the arc of a circular curve to the right with a central angle of 17' 17' 52", a radius of 775.00 feet and a chord bearing S 68' 17' 56" E, 233.09 feet; I IIIIII IIIII IIIIII IIIIII IIII I'll 6 447928 10/13/2000 01:34P 0 RDI illll III IIIIIII ll IN INANC DAVIS 20 of 22 R 0.00 D 0.00 N 0.00PITKINCOUNTYVCO 79. Thence S 59' 39' 00" E, 178.69 feet; 80. Thence southeasterly 67.89 feet along the arc of a circular curve to the right with a central angle of 19' 27' 00", a radius of 200.00 feet and a chord bearing S 49' 55' 30" E, 67.57 feet; 81. Thence S 40' 12' 00" E, 193.11 feet; 82. Thence southeasterly 235.38 feet along the arc of a circular curve to the left with a central angle of 27* l4' 44", a radius of 495.00 feet and a chord bearing S 53' 49' 22" E, 233.17 feet; 83. Thence southeasterly 114.42 feet along the arc of a circular curve to the right with a central angle of 30' 04' 18", a radius of 218.00 feet and a chord bearing S 52° 24' 35" E, 113.11 feet; 84. Thence southeasterly 135.96 feet along the arc of a circular curve to the left with a central angle of 83° 45'34", a radius of 93.00 feet and a chord bearing S 79' 15' 13" E, 124.17 feet; 85. Thence N 58' 52' 00" E, 109.81 feet; 86. Thence northeasterly 23.14 feet along the arc of a circular curve to the right with a central angle of 44' 12' 00", a radius of 30.00 feet and a chord bearing N 80' 58' 00" E, 22.57 feet; 87. Thence S 76' 56' 00" E, 123.52 feet; 88. Thence southeasterly 166.70 feet along the arc of a circular curve to the right with a central angle of 74°02'22", a radius of 129.00 feet and a chord bearing S 39' 54'49" E, 155.34 feet; 89. Thence southeasterly 61.72 feet along the arc of a circular curve to the left with a central angle of 78' 35' 11", a radius of 45.00 feet and a chord bearing S 42' 11' 14" E, 57.00 feet; 90. Thence southeasterly 74.62 feet along the arc of a circular curve to the right with a central angle of 95' 01' 14", a radius of 45.00 feet and a chord bearing S 33° 58' 12" E, 66.37 feet; 91. Thence southwesterly 131.41 feet along the arc of a circular curve to the right with a central angle of 12' 13' 22", a radius of 616.00 feet and a chord bearing S 19° 39' 05" W, 131.16 feet; 92. Thence southeasterly 63.65 feet along the arc of a circular curve to the left with a central angle of 151° 56'45", a radius of 24.00 feet and a chord bearing S 50' 12'36" E,46.57 feet; 7 414792 21 10/13/2000 01:34P ORDIIf�!I DA III�'ll�ll�I I'�I of 22 R 0,00 0 0.00 N 0.00 PITKINVCOUNTYVCo 93. Thence northeasterly 132.23 feet along the are of a circular curve to the right with a central angle of 29° 08' 22", a radius of 260.00 feet and a chord bearing N 68' 23' 12" E, 130.81 feet; 94. Thence northeasterly 160.86 feet along the arc of a circular curve to the left with a central angle of 21° 50' 23", a radius of 422.00 feet and a chord bearing N 72' 02' 12" E, 159.88 feet; 95. Thence N 61° 07' 00" E, 102.60 feet; 96. Thence southeasterly 67.06 feet along the arc of a circular curve to the right with a central angle of 153' 41' 00", a radius of 25.00 feet and a chord bearing S 42' 02' 30" E, 48.69 feet; 97. Thence S 34'48' 00" W, approximately 35.00 feet to a point of termination at the intersection with line 7-8, A S. No. 6270, Rainstorm Lode, whence E 1/4 corner of Said Section 7 bears N 770 08' 13" W, 1710.74 feet. c:\honic\vickiv\rcsoskxb-smuggletmatroadccnierlinc.doc III'lll"III"III'I'llll'll'll 8 92810/13/2000 01:34P OR�� ZS 111111111111111111111 22 of 22 R 0.00 D 0.00 N 0.00Np TK NVCOUNTYVCo I 1111111111111111111111111111111 IN 11111111111111111111111 IN 447929 10/13/2000 01:36P EASEMENT DAVIS SILVI 1 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Deborah Quinn, Esq. 530 East Main Street Aspen, Colorado 91611 GRANT OF HASAMENT KNOW ALL MEN BY THESE PRESENTS : THAT, for and in consideration of the sum of Ten Dollars ($10 . 00) in hand paid and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the undersigned H. Montgomery Loud and Paula W. Loud (collectively, the "Grantor" ) being the record owner of "The Joplin Lode Mining Claim" , USMS 5914 , as patented and described in that certain United States Patent No. 19743 dated February 23, 1892 and recorded May 20, 1949 in Book 175 at Page 205, County of Pitkin, State of Colorado (the "Burdened Property") , for themselves and their respective heirs, personal representatives, successors and assigns, hereby grant, transfer, sell, convey and assigns unto Pitkin County, Colorado, a home rule County and political subdivision of the State of Colorado (the "Grantee") , and its successors and assigns, forever, a perpetual non-exclusive surface easement and right-of-way for public road purposes (the "Easement") over and across Smuggler Mountain Road as in place and constructed on the date hereof, in the general location as shown on Exhibit A attached hereto and made a part hereof and the centerline as shown in Exhibit B, Easement Description of a Portion of Smuggler Mountain Road attached hereto and made a part hereof as such Road traverses the Burdened Property. Grantor further agrees that Grantee may cause the Easement to be surveyed, and, upon approval of such survey by Grantor and Grantee, Grantor will execute a correction grant of easement which includes the specific surveyed legal description of the Easement granted herein. Notwithstanding the foregoing, however, in granting the foregoing Easement the Grantor expressly does not warrant that it has title in and to Smuggler Mountain Road, and Grantee accepts the Easement with the express understanding that Grantor is making no such warranties of title . The burdens of the Easement shall run with the title to the Burdened Property. I IIIIII IIIII IIIIII IIIIII III' IIIIII IIIII III IIIIII III 447928 10/13/2000 01:34P ORDINANC DAVIS SI IIII 12 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 11111111111111111111111111111111111111111111111111111111111 IN 447929 10/13/2000 01:36P EASEMENT DAVIS SILVI 2 of 11 R 0.00 0 0.00 N 0.00 PITKIN COUNTY CO IN WITNESS WHEREOF, the Grantors have executed this Grant of Easement as of this j?K. day of August, 2000 . H. MONTGOMERY LOUD W BY: ; PAULA L / ,f BY: STATE OF COLORADO ) ss . COUNTY OF PITKIN ) R, C.ufi�p,d-ribed and sworn to before me this lay of August, by .If!, "Montgomery Loud. Witriess my hand and official seal . 'My—\clbftimission expires : Notary Public STATE OF. COLORADO ) ss . COUNTY OF PITKIN ) �6ub-s ' bed and sworn to before me this day of August, 20- 0'; by Fi�ula W. Loud. Witriess my hand and official seal . (Qmmission expires : S 1 3 ... . N6tdry Public AGREED TO AND ACCEPTED, this day of 2 0 0 0 by , Chair of the Board of County Co�missioners of Pitki County, Colorado. B .% y: Attest : , Chair 41111111111111111111111IIil II 7928 10/13/2000 01 34P !III IINANC DAVIS III III illlll III IIII 3 of 22 R 0.00 D 0.00 N 0.00Pi KIN COUNTY Co 1Co 1 llllil IIIII Ililll Intl! IIII IIIIII IIIII IIl IIIIII 111 IN 447928 10/13/2000 01:3P ORDINANC DAVIS SILVI 14 of 22 R 0.00 D 0.004N 0.00 PITKIN COUNTY CO EXHIBIT A SMUGGLER MOUNTAIN ROAD APPARENT EASEMENT ul" A /SMUGGLER MOUNTAIN ROAD APPA 'KEASEMENT / 97 -e-,' x I I J. 0 'r -tMUGGL�'il�OUNTAIN ROAD�d-E 1/ 6 NCR z APPARENT> ASEMEN� r,,,' /SEC-4/k 4z T- R.84 W.�/aTVH P -OZ /y X Z,I,- w 4 R CTI 3c 9L 0 4 6TH � 40 z 00 z z to ca 'A 04 a -14 0 eq SMUGGLER MOUNTAIN ROAD APPARENT EASEMENT > FEET 500 0 500 F GRAPHIC SCALE B.A.I. NO. 8360-49 SCALE. 1 INCH = 500 FEET D.E.F. 6-20-2000 111111111111111111111111111111111111111111111 IN 447929 10/13/2000 01:36P EASEMENT DAVIS SIL 4 of It R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT B EASEMENT DESCRIPTION Or A PORTION OF SMUGGLER MOUNTAIN ROAD Easement is situated in Sections 7 and 8, Township 10 South, Range 84 West, 6th Principal Meridian, County of Pitkin, State of Colorado, the centerline of which is more fully described as follows: Beginning at the westerly centerline point of the easement, whence (lie E 1/4 corner of said section 7 bears N 44' 35' 01" E, 2129.25 feet and considering the north line of the NE 1/4 of the SE 1/4 of said Section 7 to bear N 88' 46' 38" W, with all other bearings contained herein relative thereto; 1. Thence S 47' 27' 00" E, 26.85 feet; 2. Thence southeasterly 58.57 feet along the arc of a circular curve to the right with a central angle of 55° 56' 00", a radius of 60.00 feet and a chord bearing S 19°29' 00" E, 56.27 feet; 3. Thence S 08' 29' 00" W, 46.54 feet; 4. Thence southeasterly 34.98 feet along the arc of a circular curve to the left with a central angle of 40' 05' 12", a radius of 50.00 feet and a chord bearing S 11' 33' 36" E, 34.27 feet; 5. Thence southeasterly 55.13 feet along the arc of a circular curve to the left with a central angle of 92' 53' 55", a radius of 34.00 feet and a chord bearing S 78' 03' 09" E, 49.28 feet; 6. Thence northeasterly 156.65 feet along the arc of a circular curve to the left with a central angle of 83' 52' 56", a radius of 107.00 feet and a chord bearing N 13° 33' 25" E, 143.03 feet; 7. Thence northeasterly 142.54 feet along the are of a circular curve to the right with a central angle of 181° 29' 03", a radius of 45.00 feet and a chord bearing N 62' 21' 29" E, 89.99 feet; 8. Thence S 26' 54' 00" E, 96.42 feet; 9. Thence southeasterly 50.01 feet along the arc of a circular curve to the right with a central angle of 46° 13' 00", a radius of 62.00 feet and a chord bearing S 03' 47' 30" E, 48.67 feet; 10. Thence S 19' 19' 00" W, 147.02 feet; 1 illlH111111 IN 11111111111 928 10/13/2000 01:34P ORDINANC DAV S SIL 15 of 22 R 0.00 D 0.00 N 0.00 PITKIN COUNTYVCo 1111111111111111111111111111111111111 IN 111111111111111111111111111 IN 447929 10/13/2000 01:36P EASEMENT DAVIS SILVI S of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 11. Thence southwesterly 117.48 feet along the are of a circular curve to the left with a central angle of 34' 10' 05", a radius of 197.00 feet and a chord bearing S 02' 13' 58" W, 115.75 feet; 12. Thence southeasterly 82.58 feet along the arc of a circular curve to the left with a central angle of 127' 52' 19", a radius of 37.00 feet and a chord hearing S 78' 47' 14" E, 66.47 feet; 13. Thence northeasterly 66.98 feet along the are of a circular curve to the left with a central angle of 28' 25' 36", a radius of 135.00 feel and a chord bearing N 23' 03' 48" E, 66.29 feet; 14. Thence N 08' 5 l' 00" E, 60.29 feet; 15. Thence northeasterly 83.73 feet along the arc of a circular curve to the right with a central angle of 159' 54' 44", a radius of 30.00 feet and a chord bearing N 88° 48' 22" E, 59.08 feet; 16. Thence southwesterly 145.93 feet along the arc of a circular curve to the right with a central angle of 38' 00' 20", a radius of 220.00 feet and a chord bearing S 07' 45' 54" W, 143.27 feet; 17. Thence southwesterly 94.84 feet along the arc of a circular curve to the left with a central angle of47' 40' 04", a radius of 114.00 feet and a chord bearing S 02" 56' 02" W, 92.13 feet; 18. Thence S 20' 54' 00" E, 92.51 feet; 19. Thence southeasterly 101.82 feet along the arc of a circular curve to the left with a central angle of 34' 19' 00", a radius of 170.00 feet and a chord bearing S 38' 03' 30" E, 100.30 feet; 20. Thence S 55° 13' 00" E, 144.37 feet; 21. Thence northeasterly 84.88 feet along the arc of a circular curve to the left with a central angle of 162' 06' 00", a radius of 30.00 feet and a chord bearing N 43' 44' 00" E, 59.27 feet; 22. Thence N 37' 19' 00" W, 47.68 feet; 23. Thence northwesterly 132.94 feet along the arc of a circular curve to the right with a central angle of 63° 28' 19", a radius of 120.00 feet and a chord bearing N 05' 34' 50" W, 126.24 feet; 24. Thence northeasterly 181.15 feet along the arc of a circular curve to the right with a central angle of 23' 48' 20", a radius of 436.00 feet and a chord bearing N 38' 03' 29" E, 179.85 feet I11111 I111!IIIIII IIIIII 1 7928 10/13/2000 01:4IIIIIIlllllIIIII11IIIII 6 of 22 R 0.00 D 0 fill0 01111 ORDINA14C DAVIS SIL Z N 0.00 PITKIN COUNTY CO . I IIIIII IIIII IIIIII IIIII 1111111111111111111111 IN 447929 10/13/20110 01:36P EASEMENT DAVIS SLV 6 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO 25. Thence northeasterly 131.44 feet along the arc of a circular curve to the left with a central angle of 36' 44' 09", a radius of 205.00 feet and a chord bearing N 31° 35' 35" E, 129.20 feet; 26. Thence northwesterly 234.45 feet along the arc of a circular curve to the left with a central angle of 37' 06' 30", a radius of 362.00 feet and a chord bearing N 05' 19' 45" W, 230.38 feet; 27. Thence northeasterly 75.98 feet along the arc of a circular curve to the right with a central angle of 174' 08' 00", a radius of 25.00 feet and a•chord bearing N 63' 1 P 00" E, 49.93 feet; 28. Thence S 29' 45' 00" E, 175.90 feet; 29. Thence southeasterly 72.48 feet along the are of a circular curve to the right with a central angle of 06' 25' 44", a radius of 646.00 feet and a chord bearing S 26' 32' O8" E, 72.45 feet; 30. Thence southeasterly 121.85 feet along the arc of a circular curve to the left with a central angle of 12° 34' 44", a radius of 555.00 feet and a chord bearing S 29' 36' 38" E, 121.60 feet; 31. Thence S 35' 54' 00" E, 220.73 feet; 32. Thence southeasterly 109,23 feet along the arc of a circular curve to the left with a central angle of 85' 44' 00", a radius of 73.00 feet and a chord bearing S 78' 46' 00" E, 99.32 feet; 33. Thence N 58' 22' 00" E, 43.44 feet; 34. Thence northeasterly 136.83 feet along the arc of a circular curve to the left with a central angle of 65° 20' 00", a radius of 120.00 feet and a chord bearing N 25° 42' 00" E, 129.54 feet; 35. Thence. N 06' 58' 00" W, 513.25 feet; 36. Thence northwesterly 86.80 feet along the arc of a circular curve to the left with a central angle of 22' 06' 16", a radius of 225.00 feel and a chord bearing N 18' 01' 08" W, 86.27 feet; 37. Thence northwesterly 74.65 feet along the arc of a circular curve to the right with a central angle of 57° 01' 35", a radius of 75.00 feet and a chord bearing N 00' 33' 29" W, 71.60 feet; 1111NI11111 447928 2s/�1111/llllllllll 3 17 of 22 R 3/2000 01,34P 1111111111111 0.00 D 0.00 N 0 RD1NANC DA ZS j111��1 e 00 PITKZN COU SZ NTY Z 33. Thence northeasterly 99.82 feet along the arc of a circular curve to the left with a central angle of 460 52' 46", a radius of 122.00 feet and a chord bearing N 040 30' 56" E, 97.06 feet; 39. Thence northeasterly 137.55 feet along the arc of a circular curve to the right with a central angle of 20' 25' 01", a radius of 386.00 feet and a chord bearing N 08' 42' 56" W, 136.82 feet; 40. Thence northwesterly 44.70 feet along the arc of a circular curve to the left with a central angle of 2 P 20' 32", a radius of 120.00 feet and a chord bearing N 09' 10'41" W, 44.44 feet; 41. Thence northwesterly 151.20 feet along the arc of a circular curve to the right with a central angle of 13' 49' 01", a radius of 627.00 fect and a chord bearing N 12' 56' 27" W, 150.83 feet; 42. Thence northeasterly 96.65 feet along the arc of a circular curve to the right with a central �a z angle of 56' 30' 34", a radius of 98.00 feet and a chord bearing N 22' 13' 20" E, 92.78 feet; �+o =C 43. Thence northeasterly 146.02 feet along the arc of a circular curve to the left with a central IQ angle of 20° 45' 37", a radius of 403.00 feet and a chord bearing N 40° 05' 49" E, 145.22 WILfeet; yam M 9 m 44. Thence N 29' 43' 00" E, 100.86 feet; �mz r� m 45. Thence northeasterly 73.53 feet along the arc of a circular curve to the left with a central .~�o angle of 42' 07'47", a radius of 100.00 feet and a chord bearing N 08' 39' 07" E, 71.88 feet; �Nm `M 46. Thence northeasterly 59.70 feet along the arc of a circular curve to the right with a central �m o: angle of 34' 12' 14", a radius of 100.00 feet and a chord bearing N 04° 41' 20" E, 58.81 feet; �N~ !0 0 47. Thence N 21' 47' 27" E, 168.01 feet; 48. Thence northwesterly 76.84 feet along the arc of a circular curve to the left with a central angle of 122' 17' 21", a radius of 36.00 feet and a chord bearing N 39' 2 P 13" W, 63.06 feet; 49. Thence northwesterly 78.67 feet along the arc of a circular curve to the right with a central angle of 24° 45' 54", a radius of 182.00 feet and a chord bearing N 88' 06' 57" W, 78.05 feet; 50. Thence N 75' 44' 00" W, 174.41 feet; il�III I�III "III' III�I 4 18 82 1 0/13/2000 I'll4'I�0'RI'0I INIpR0.00 III III �'ll�l 111 I"SILvr . N0ITKINCOUNTY I 51. Thence northwesterly 57.82 feet along the are of a circular curve to the right with a central angle of 30° 07' 04", a radius of 110.00 feet and a chord bearing N 60° 40' 28" W, 57.16 feet; 52. Thence northwesterly 233.37 feet along the arc of a circular curve to the right with a central angle of 68° 13' 10", a radius of 196.00 feet and a chord bearing N 1 1° 30' 21" W, 219.83 feet; 53. Thence northeasterly 59.99 feet along the arc of a circular curve to the left with a central angle of 17° 1 V 10", a radius of 200.00 feet and a chord bearing N 14° 00' 39" E, 59.77 feet; 54. Thence northeasterly 50.33 feet along the arc of a circular curve to the right with a central angle of 36° 02' 57", a radius of 80.00 feet and a chord bearing N 23° 26' 32" E, 49.51 feet; a 55. Thence N 41° 28' 00" E, 50.87 feet; �mo zo V �a oz x 56. Thence northwesterly 107.45 feet along the arc of a circular curve to the left with a central d angle of 84" 20' 00", a radius of 73.00 feet and a chord bearing N 00° 42' 00" W, 98.01 feet; CC 9D _W �d m 57. Thence N 42° 52' 00" W, 126.66 feet; �W z m 58. Thence northwesterly 83.70 feet along the arc of a circular curve to the right with a central i-m-Mm o angle of 85° 38' 17"; a radius of 56.00 feet and a chord bearing N 00° 02' 51" W,76.12 feet; �Na 59. Thence northeasterly 97.98 feet along the arc of a circular curve to the left with a central m W angle of 20' 33' 48", a radius of 273.00 feet and a chord bearing N 32°29' 23" E, 97.45 feet; r. a r. .� 60. Thence northeasterly 112.95 feet along the arc of a circular curve to the right with a central -a co angle of 05° 32' 26", a radius of 1168.00 feet and a chord bearing N 24° 58' 42" E, 112.90 feet; 61. Thence northeasterly 231.23 feet along the are of a circular curve to the left with a central angle of 16" 01' 11 ', a radius of 827.00 feet and a chord bearing N 19° 44' 20" E, 230.47 feet; 62. Thence northeasterly 49.99 feet along the arc of a circular curve to the lefl with a central angle of 19° 05' 45", a radius of 150.00 feet and a chord bearing N 02° 10' 52" E, 49.76 feet; 63. Thence N 07° 22' 00" W, 68.66 feet; 64. Thence northwesterly 74.01 feet along the arc of a circular curve to the left with a central angle of 47° 06' 51", a radius of 90.00 feet and a chord bearing N 30° 55' 26" W, 71.94 feet; !111111111111111111111115 4 1@,1a,2@@@ @ In 4 9 21 R 0.00 D @,@04P ORDINANC DAVIS SILVI N 0.00 PITKIN COUNTY CO 65. Thence northwesterly 100.58 feet along the arc of a circular curve to the right with a central angle of 40' 34' 59", a radius of 142.00 feet and a chord hearing N 34' 1 F 2 1" W, 98.49 feet; 66. Thence northwesterly 146.02 feet along the arc of a circular curve to the left with a central angle of 15' 22' 44", a radius of 544.00 feet and a chord bearing N 21' 35' 14" W, 145.58 feet; 67. Thence northwesterly 58.27 feet along the arc of a circular curve to the right with a central angle of 55° 38' 54", a radius of 60.00 I'M and a chord bearing N 01' 27' 09" W, 56.01 feet; 68. Thence northeasterly 88.46 feet along the arc of a circular curve to the right with a central angle of 30' 54' 23", a radius of 164.00 feet and a ehord bearing N 41° 49' 29" E, 87.40 feet; =� 69. Thence southeasterly 96.33 feet along the arc of a circular curve to the right with a central z angle of 100' 21 201 , a radius of 55.00 feet and a chord bearing S 72° 32 40' E, 84.48 feet; =a 70. Thence S 22' 22' 00" E, 121.56 feet; H Y �Z H `W 71. Thence southeasterly 10.33 feet along the arc of a circular curve to the left with a central W m angle of 05' 55'00", a radius of 100.00 feet and a chord bearing S 25' 19' 30" E, 10.32 feet; d m 72. Thence S 28' 17' 00" E, 191.89 feet; m 73. Thence southeasterly 252.78 feet along the arc of a circular curve to the right with a central m angle of 19" 52' 03", a radius of 729.00 feet and a chord bearing S 18' 20' 59" E, 251.52 feet; 74. Thence southwesterly 134.19 feet along the arc of a circular curve to the right with a central angle of 22' 57' 05", a radius of 335.00 feet and a chord bearing S 03° 03' 35" W, 133.30 P-o feet; 1*0, 75. Thence southeasterly 163.27 feet along the are of a circular curve to the left with a central angle of 48' 13' 08", a radius of 194.00 feet and a chord bearing S 09° 34' 26" E, 158.49 feet; 76. Thence S 33" 41' 00" E, 48.95 feet; 77. Thence southeasterly 61.92 feet along the arc of a circular curve to the left with a central angle of 43' 15' 52", a radius of 82.00 feet and a chord bearing S 55° 18' 56" E, 60.46 feet; 78. Thence southeasterly 233.98 feet along the arc of a circular curve to the right with a central angle of 17' 17' 52", a radius of 775.00 feet and a chord bearing S 68' 17' 56" E, 233.09 feet; 111111 fill 116 447928 10/13/2000 01:34P N I III "I ANC VS SI VI 20 of 22 R 0.00 D 0.00 N 0.00PITKIN COUNTY Co 79. Thence S 59' 39' 00" E, 178.69 feet; 80. Thence southeasterly 67.89 feet along the arc of a circular curve to the right with a central angle of 19' 27' 00", a radius of 200.00 feet and a chord bearing S 49' 55' 30" E, 67.57 feet; 81. Thence S 40' 12' 00" E, 193.11 feet; 82. Thence southeasterly 235.38 feet along the arc of a circular curve to the left with a central angle of 27' 14' 44", a radius of 495.00 feet and a chord bearing S 530 49' 22 E, 233.17 feet; 83. Thence southeasterly 114.42 feet along the arc of a circular curve to the right with a central o angle of 30' 04' 18", a radius o1' 218.00 feet and a chord bearing S 52' 24' 35" E, 113.11 feet; J�- an Z � Uj 0 84. Thence southeasterly 135.96 feet along the arc of a circular curve to the left with a central �cc z angle of 83' 45'34", a radius of 93.00 feet and a chord bearing S 79' 15' 13" E, 124.17 feet; �[U d 85. Thence N 58' 52' 00" E, 109.81 feet; W m mow W m 86. Thence northeasterly 23.14 feet along the arc of a circular curve to the right with a central �M angle of 44' 12' 00", a radius of 30.00 feet and a chord bearing N 80° 58'00" E, 22.57 feet; mm .�610 87. Thence S 76* 56' 00" E, 123.52 feet; m �N m �W4 m 88. Thence southeasterly 166.70 feet along the arc of a circular curve to the right with a central "I, angle of 74' 02' 22", a radius of 129.00 feet and a chord bearing S 39' 54' 49" E, 155.34 feet; an `m 0 89. Thence southeasterly 61.72 feet along the arc of a circular curve to the left with a central angle of 78' 35' 11", a radius of 45.00 feet and a chord bearing S 42° 11' 14" E, 57.00 feet; 90. Thence southeasterly 74.62 feet along the arc of a circular curve to the right with a central angle of 95' 01' 14", a radius of 45.00 feet and a chord bearing S 33' 58' 12" E, 66.37 feet; 91. Thence southwesterly 131.41 feet along the arc of a circular curve to the right with a central angle of 12' 13' 22", a radius of 616.00 feet and a chord bearing S 19° 39' 05" W, 131.16 feet; 92. Thence southeasterly 63.65 feet along the arc of a circular curve to the left with a central angle of 151° 56' 45", a radius of 24.00 feet and a chord bearing S 50' 12' 36" E, 46.57 feet; 7 47928 10/13/2@00 01:34P 0RDI N 21 Of 22 R 0.00 D 0.00 N 0.00PITKIN COUNTY co 93. Thence northeasterly 132.23 feet along the arc of a circular curve to the right with a central angle of 29° 08' 22", a radius of 260.00 feet and a chord bearing N 68° 23' 12" E, 130.81 feet; 94. Thence northeasterly 160.86 feet along the arc of a circular curve to the left with a central angle of 21' 50' 23", a radius of 422.00 feet and a chord bearing N 72" 02' 12" E, 159.88 feet; 95. Thence N 61° 07' 00" E, 102.60 feet; 96. Thence southeasterly 67.06 feet along the arc ol'a circular curve to the right with a central angle of 153' 41' 00", a radius of 25.00 feet and a chord bearing S 42' 02' 30" E, 48.69 feet; 97. Thence S 34'48' 00" W, approximately 35.00 feet to a point of termination at the intersection with line 7-8, M. S. No. 6270, Rainstorm Lode, whence E 1/4 corner of Said Section 7 bears N 770 08' 13" W, 1710.74 feet. c:%anic\vic k ivlresosle xb-smug g lerm m ma dceniertine.doc I IIIII "III "III' I'I'll 'll' I'llll IIIII III "II'I I'I I"I 447929 10/13/2000 01:36P EASEMENT DAVIS SIL VI 11 of 11 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Illlll IIIII(IIIII(IIIII Illl I s 2 7928 10/13/20@0 01:34P ORDI NpNC „II"II II I' 2 of 22 R 0.00 D 0.00 N RD=NANO DAVIS S=LV II 0.00 PITKIN COUNTY CO