TC Res. No. 1998-40SENT BY:ATTORNEYS 6-26-98 ;11:56AM ;D 1S W- 97094942804 2/ 6
TOWN OF AVON
RESOLUTION NO. 98 - 40-1
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF
PETITION NO. 1 FOR ANNEXATION TO THE TOWN OF AVON
OF A PARCEL OF LAND; AND SETTING A HEARING THEREON.
WHEREAS, pursuant to Section 31-12-104(1)(a) C.R.S.,
two Petitions for serial annexation to the Town of Avon of
certain parcels of real property, being parcels of land, located
in Section 12, Township 5 South, Range 82 West of the 6th
Principal Meridian, Eagle County, Colorado, and Sections 7, 8, 9
and 17, Township 5 South, Range 61 West of the 6th Principal
Meridian, Eagle County, Colorado (comprising, collectively,
petition No. 1), and Sections 8, 9 and 14, Township 5 South,
Range 81 West of the 6th Principal Meridian, Eagle County,
Colorado (comprising, collectively, Petition No. 2), more
particularly described on Exhibits "A" and "B,11 attached hereto
and made a part hereof, have been submitted to the Town Clerk of
the Town of Avon and referred therefrom to the Town Council;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWNACOUNCIL OF
THE TOWN OF AVON, COLORADO, that:
Section- l F-in!ftino.. The Town Clerk of the Town of
Avon has referred to the Town Council two ,petitions for
annexation of certain parcels of'real property (hereinafter
referred to as the "subject property," and as more specifically
described in Exhibits "A" and "B," attached hereto'and
incorporated herein by this reference) being.parcels of land,
SENT BY:ATTORNEYS
6-26-98 ;11:56AM ;D
[STN-
9709484280;# 3/ 6
located in
Section 12, Township 5 South,
Range 82 West
of the 6th
Principal Meridian, Eagle County, Colorado, and sections 7, 8, 9
and 17, Township 5 South, Range 81 Test of the 6th Principal
Meridian, Eagle County, Colorado (comprising, collectively,
Petition No. 1), and Sections 8, 9 and 10, Township ~ South,
Range 81 Nest of the 6th Principal Meridian, Eagle County,
Colorado (comprising, collectively, Petition No. 2), and the Town
Council specifically-finds upon review of said petitions that
Petition No.l is in substantial compliance with the requirements
of Section 31-12-107(1), C.R.S.
Section 2. Hearing. A hearing on the petitions shall
be held at 5:30 P. M. on August 11, 1998, at the Council.Chambers
in the Avon Municipal Building, 400 Benchmark-Road, Avon,
Colorado, to determine if the proposed annexation complies with
Sections 31-12-104 and 31-12-105, C.R.S., and whether the subject
property is eligible for annexation to the Town.
Section-3. Publication. This Resolution No. 98-40-1
shall be published once a week for four successive weeks (five
times) in The-Avon Beaver Creek Tims11yai valley es, and
Eagle Valley-Enterprise, newspapers of general circulation in
Eagle County, commencing no later than July 8 and July 9, 1998,
respectively.
Section 4. Effective Date. This Resolution shall be
effective immediately.
SENT BY.: ATTORNEYS
6-26-98 ;11:57AM ~;D' ISTN- 9709494280;# 4/ 6
PASSED AND ADOPTED-at a Special meeting the.30"" day of-
June, 1998.
Mayo
EXHIBIT A TO
PETITION FOR ANNEXATION
Legal Description,of Annexation-Property
See attached pages A-1.1 - A-1.3
PARCEL DESCRIPTION
THE VILLAGE (at Avon) NO. 1
That part of the E 1/2 of Section 12, Township 5 South, Range 82
West of the Sixth Principal Meridian, Eagle County, Colorado,
according to the Dependent Resurvey and Survey of said Township and
Range, accepted September 7, 1977 by the Department of the Interior
Bureau of Land Management in Washington, D.C., together with parts
of Sections 7,- 8, 9 & 17, Township 5 South, Range 81 West of the
Sixth Principal Meridian, Eagle County, Colorado, according to the
Dependent Resurvey of said Township and Range, accepted November 1,
1943 by the Department of the Interior General Land Office in
Washington, D.C., described as a whole as follows:
Beginning at the Northwest corner of said Section 7; thence along
the northerly line of said Section 7, N88°49124"E 2791.46 feet, to
the North 1/4 corner of said Section 7; thence, departing said
northerly line, along the easterly line of the NW 1/4 of said
Section 7, Sd0°11'12"E 2621.00 feet, to the northerly right-of-way
line of Interstate Highway No. 70, as described in the deed
recorded in Book 223 at Page 982 in the office of the Eagle County,
Colorado, Clerk and Recorder; thence, along said northerly right-
of-way line, S69°28'35"E 196.48 feet, to the northerly line of the
SE 1/4 of said Section 7; thence, along said northerly line,
N89 ° 50' 40"E 2572.71 feet, to the West 1/4 corner of said Section 8;
thence, along the westerly line of said Section 8, N00°10'53"W
2738.19 feet to the Northwest corner of said Section 8; thence,
along the northerly line of said Section 8, N88°40'41"E 2758.98
feet, to the North 1/4 corner of said Section 8; thence, continuing
along said northerly line, N88°42'58"E 850.00 feet; thence,
departing said northerly line, S56°30'00"E 1274.62 feet; thence
S17°38'30"E 1593.20 feet; thence S27°39'30"W 2121.59 feet; thence
South 899.93 feet; thence East 2595-53-feet, to the easterly line
of the SW 1/4 SW 1/4 of said Section 9; thence, along said easterly
line'S01°33'13"W 603.34 feet, to the Southeast corner of said SW
1/4 SW 1/4; thence, along the southerly line of said Section 9,
N89°55'04"W 1371.96 feet, to the Southwest corner of said Section
9; thence, along the easterly line of said Section 17, S01°41'49"E
170.00 feet; to 'the centerline of the Eagle River; thence the
following four courses along said centerline (Filum aquce): (1)
N89°24'49"W 1037.90 feet; (2) N86°07',49"W 472.00 feet; (3)
N89°29'49"W. 538.00 feet; (4) S82°33'11"W 595.15 feet, to the
westerly line of the WE 1/4 of'said Section 17; thence, along said
westerly line, N00°20'55"W 227.74 feet, to the North 1/4 corner of
said Section 17; thence, along the northerly line of said Section
17, S89°23136"E 1316.69 feet, to the Southwest corner of the SE 1/4
SE 1/4 of said Section 8; thence,, along.the westerly line of said
SE 1/4 SE 1/4, N00°51107"E 1398.90 feet, to the SE 1/16 corner of
said Section 8; thence, along the southerly line of the NW 1/4 SE
1/4 of said Section 8, N89°54'54"W 1333.58 feet, to 'the CS 1,/16
corner of said Section 8; thence, along the southerly line-of the
NE 1/4 SW 1/4 of said Section 8, N89°58'35"W 1366.46 feet, to the
SW 1/16 corner of said Section 8; thence, along the easterly line
of the SW 1/4 SW 1/4 of said Section 8, S00°01'37"E 1376.08 feet;
A-1.1
to the Southeast corner of said SW 1/4 SW 1/4; thence, along the
southerly line of said Section 8, N89°32'28"W 529.28 feet, to the
northerly right-of-way line of the Denver and Rio Grande Western
Railroad; thence the following ten courses along said northerly
right-of-way line: (1) 132.91 feet along the arc of a curve to the
right, having a radius of 2033.48 feet, an internal angle of
03°44'42", and a chord that bears N70°30'09"W 132.89 feet; (2)
N68°37'48"W 527.88 feet; (3) 231.12 feet along the arc of a curve
to the left, having a radius of 5779.70 feet, an internal angle of
02°17'-28", and a chord that bears, N69°46'32"W 231.09 feet; (4)
S00°14'31"E 21.20 feet; (5) 1142.50 feet along the arc of a curve
to the left, having a radius of 5759.70 feet, an internal angle of
11°21'5511, and a chord that bears N76°32'02"W 1140.63 feet; (6)
N82613'0011W, 1136.53 feet; (7) 548.06 feet along the arc of a curve
to the right, having a radius of 1880.00 feet, an internal angle of
16°42'10", and a chord that bears N73°51'55"W 546.11 feet; (8)
N00°12'23"W 22.04 feet; (9) 28.04 feet along the arc of a curve to
the right, having a radius of 1860.00 feet, an internal angle of
00°51'50", and a chord that bears N64°47.155."W 28.04 feet; (10)
N64°221 0011W 377.10 feet; thence, departing said northerly right-of-
way line, S25°38'00"W 100.00 feet, to the southerly right-of-way
line of the Denver and Rio Grande Western Railroad, also being on
the existing Town of Avon Boundary; thence, along said southerly
right-of-way line and existing Town of Avon Boundary the following
three courses along the northerly line of the parcel annexed to the
Town of Avon by Ordinance 86-10: (1) N64°22'00"W 2064.00 feet; (2)
968.59 feet along the arc of a curve to the left, having a radius
of 34327.50 feet, an internal angle of 01°37'00", and a chord that
bears N6501013011W 968.56 feet; (3) N65°59'00"W 527.60 feet; thence,
continuing along said southerly right-of-way line and existing Town
of Avon Boundary the following course along the northerly line of
the parcel annexed to the_ Town of Avon by Ordinance 81-38,
N65°58'08"W 677.83 feet; thence, departing said southerly right-of-
way line and continuing along the boundary of the parcel annexed to
the Town of Avon by Ordinance 81-38, N24°01'52"E 100.00 feet, to
the northerly right-of-way line of the Denver and Rio Grande
Western Railroad and the Southeast corner of Lot 22, Benchmark at
Beaver Creek; thence, departing said northerly right-of-way line
and continuing along the existing Town of Avon Boundary the
following two courses along the easterly line of the parcel
originally incorporated as the Town of Avon as defined in Ordinance
78-4: (1) N18°59'40"E 995.99 feet; (2) a calculated distance and
bearing of N23°55'02"W 268.23 feet (record distance and bearing of
N25°10'03"W 235.72 feet), to the southerly line of the NE 1/4 NE
1/4 of said Section 12; thence, along said southerly line and
existing Town of Avon Boundary the following course along the
southerly line of the parcel annexed to the Town of Avon by
Ordinance 81-20, a calculated distance and bearing of S89°58'41"E
1192.32 feet (record distance and bearing of S89°57'07"E 1184.14
feet), to the westerly line of said Section 7; thence, along said
westerly line and existing Town of Avon Boundary the following
course along the easterly line of the parcels annexed to the Town
of Avon by Ordinance 81-20 and Ordinance 81-34, a measured distance
and bearing of N00°11'27"W 1321.54 feet (record distance and
A-1.2
bearing of N00°10'14"W 660.82 feet per Ordinance 81-20 and record
distance and bearing of N00°10'14"W 660.83 feet per Ordinance 81-
j4). to the point of beginning, containing 967.07 acres, more or
less,
EXCEPTING FROM the foregoing parcel description all portions of the
described property that constitute the Interstate Highway No. 70
Right-of-Way and,the Denver Rio Grande Western Railroad Right-of-
Way, which portions contain 99:24 acres, more or less. The net area
of the parcel-being included in this-- annexation is 867.83 acres,
more or less.
A-1.3
EXHIBIT B TO
PETITION FOR ANNEXATION
Legal Description of Property Owned
by Each Petitioner
Name of Landowner/Petitioner: EMD LIMITED. LIABILITY COMPANY, a Colorado
limited liability company
Legal Description of Land Owned by EMD LIMITED LIABILITY
COMPANY, a Colorado limited liability company
- See attached pages B-1.1 - B-1.9
34N".1 HEAVER MUM 6:37 PM B-1
A parcel of land located in-the ES of Section 12. Township 5 South, Range
82 West of the 6th Principal Meridian, the WS and the Sn of Section 7.
Township_5 South, Range 81 West of the 6th Principal Meridian, and the
w%Sw% of Section 8. Township 5 South. Range 81 West of the 6th Principal
meridian lying southerly of the Interstate 70 right-of-way line. easterly
northerly of Colo ado,moreiparticularlytern
rod rghtofiwayio ine.in Eagle
Rai
described as follows:
Beginning at a point on the southerly right-of-way line of Interstate 70
whence the North Quarter Corner of said Section 7 bears N. 10 17 20" W.
3308.72 feet;
thence the following 12 courses along said southerly right-of-way line:
i) S. 70" 22' 43" E. 431.20 feet;
2) S. 68" 23' 13" E. 333.80 feet;
3) S. 51" 44' 13" E. ,352.60 feet;
4) S. 24" 13' 13" E. 96.20 feet;
5) S. 45" 43' 43" E. 203.80 feet;
6) S. 37" 16' 13" E. 327.70 feet;
7) S. 32" 40' 43" E. 164.70 feet;
8) S. 50" 10' 13" E. 210.60 feet;
9) S. 38" 45' 13" E. 521.50 feet:
10) S. 69" 45' 43" E. 670.90 feet;
11) S. 80" 21' 43" E. 654.70 feet;
12) along a curve to the right having a radius of 1734.90 feet. a central
angle of 11" 05' 14 an arc distance of 335.72 feet and a Long
Chord of 335.19 feet bearing S. 720 08' 02" E. to the easterly line
of the SASWY, of said Section 6:
thence S. 00" 01' 00" W. 65.80 feet along said easterly line to the southerly
line of said Section 8;
thence N. 89" 32' 28" W. 529.28 feet along said southerly line to the
northerly right-of-way line of the Denver and Rio Grande Western Railroad;
thence the following 12 courses along said right-of-way line:
1) along a curve to the right having a radius.of 2033.48 feet, a
central angle of 03" 44' 42°. an arc distance of 132.91 feet. and
a Long Chord of 132.89 feet bearing N. 70° 30' 09" W.;
2) N. 68" 37' 48" W. 527.88 feet;
3) along a curve to the left having a radius of 5779.70•feet. a
central angle of 02" 17' 28 an arc distance of 231.12 feet. and
a Long Chord of 231..09 feet bearing N. 69° 46' 32" W.;
4) S. 00" 14' 31" E. 21.20 feet;
5) along a curve to the left having a radius of 5759.70 feet. a
central angle of 11" 21' 55". an arc distance of 1142.50 feet, and
a Long Chord of 1140.63 feet bearing N. 76" 32' 02" W.;
6) N. 92" 13' 00" W. 1136.53 feet;
7) along a curve to the right having a radius of 1880.00 feet. a
central angle of 16" 42' 100, an arc distance of 548.06 feet, and
a Long Chord of 546.11 feet bearing N. 73" 51' 55" W.;
8) N. 00" 12' 23" W. 22.04 feet;
9) along a curve to the right having a radius of 1860.00 feet, a
central angle of 00" 51' 50 an arc distance of 28.04 feet, and
a Long Chord of 28.04 feet bearing N. 64" 47' 55" W.:
10) N. 64° 22' 00" W. 2363.48 feet;
11) along a curve to the left having a radius of 34427.50 feet. a
central angle of 01" 39' 12 an arc distance of 993.44 feet, and
a Long Chord of 993.41 feet bearing N. 65° 11' 36" W.;
12) N. 66" 01' 12" W. 1260.13 feet to the easterly line of Benchmark
Subdivision;
thence N. 18" 56' 36" E. 996.58 feet along said easterly line to the
southerly right-of-way line of said Interstate 70;
thence the following 9 courses along said southerly right-of-way line:
1) S S4" 28' 43" E. 232.86 feet;
2) along a curve to the left having a radius of 5950.00 feet, a
central angle of 07" 03' 34". an arc distance of 733.10 feet and
a Long Chord of 732.64 feet bearing S. 66" 50' 43" E.;
3) S. 68" 12' 43" E. 794.70 feet;
4) S. 70" 22' 43" E. 800.00 feet;
5) S. 800'18' 13" E. 406.10 feet;
6) S. 70" 22' 43" E. 1200.00 feet;
7) S. 51" 07' 13" E. 105.90 feet;
8) S. 70" 22' 43" E. 300.00 feet;
9) S. 88" 23' 13" E. 210.30 feet to the point of beginning.
The above described parcel of land contains 176.897 acres. more or less.
B-1.1
PARCEL 2W
That part of the NW 1/4 of Section 7, Township 5 South, Range 81
West of the Sixth Principal Meridian, Eagle County, Colorado,
according to the Dependent Resurvey of said Township and Range,
accepted November 1, 1943 by the Department of the Interior General
Land Office in Washington, D.C., said part of said NW 1/4 lying
north of Interstate Highway No. 70 and being described as follows:
Beginning at the northwest corner of the NE 1/4 NW 1/4 said Section
7; thence, along the northerly line of said Section 7, N88°49'24"E
568.56 feet; thence, departing said northerly line, S36°01'27"E
810.00 feet; thence S44°48'57"W 700.00 feet; thence S16°15'00"E
620.00 feet; thence S32°00'00"W 600.00 feet, to the northerly
right-of-way line of Interstate Highway No. 70, as described in the
deed recorded in Book 223 at Page 982 in the office of the Eagle
--County, Colorado, Clerk and Recorder; thence, along said northerly
right=of-way line, N70°24'51"W 749.64 feet; thence, departing said
northerly right-of-way line, N14°40'17"W 1150.00 feet; thence
N33°51'26"E 1060.00 feet, to the point of beginning, containing
53.5042 acres, more or less.
B-1.2
PARCEL 1
That part of the W 1/2 NW 1/4, Section 8, Township 5 South, Range
81 West of the Sixth Principal Meridian, Eagle County, Colorado,
according to the Dependent Resurvey of said Township and Range,
accepted November 1, 1943 by the Department of the Interior General
Land Office in Washington, D.C., described as follows:
Beginning at the northwest corner of said Section 8; thence, along
the northerly line of said Section 8, N88°40'41"E 1379.49 feet, to
the northeast corner of said W 1/2 NW 1/4; thence, departing said
northerly line, S26°07'48"W 1230.00 feet; thence S50°24'08"W 400.00
feet; thence S00°10'53"E 328.77 feet; thence S$9°49'07"W 525.00
feet, to the westerly line of said Section 8; thence, along said
westerly line, N00°.10'53"W 1657.87 feet, to the point of beginning,
containing 35.5000 acres, more or less.
B-1.3
PARCEL 6.
Those parts of NW 1/4 SE 1/4, S 1/2 NW 1/4, N 1/2 SW 1/4, Section
8, and E 1/2 SE 1/4, Section 7, all in Township 5 South, Range 81
West of the Sixth Principal Meridian, Eagle County,, Colorado,
according to the Dependent Resurvey of said Township and Range,
accepted November 1, 1943 by the Department of the Interior General
Land Office in Washington, D.C., described as a whole as follows:
Beginning at the Center 1/4 corner of said Section 8; thence
S43°30'00"E 250.00 feet; thence N84°37'21"W 820.00 feet; thence
S45°00'00"W 590.00 feet; thence West 935.00 feet; thence
S45°00'00"W 650.00 feet; thence S59°32'18"W 855.07 feet, to the
northerly right-of-way line of Interstate Highway No. 70, as
described in the deed recorded in Book 223 at Page 982 in the
office of the Eagle County, Colorado, Clerk and Recorder; thence,
the following three,courses along said northerly right-of-way line:
(1) N34°37'50"W 55.25 feet; (2) N34°44"20"W 368.5 feet; (3) 804.9
feet along the arc of a curve to the left, having a radius of
1812.0 feet, a central angle of 25°27'04", and a chord which bears
N51°29'50"W 798.3 feet; thence, departing said northerly right-of-
way line, East 1870.27 feet; thence N45°00'00"E 1631.71 feet;
thence S45°00'00"E 760.00 feet; thence S84°37'21"E 500.00 feet, to
the point of beginning, containing 42.6813 acres, more or less.
B-1.4
PARCEL 10
Those parts of the W 1/2 NE 1/4, NE 1/4 NW 1/4,; S 1/2 NW 1/4, NW
1/4 SW 1/4, Section 8, Township 5 South-, Range 81 West of the Sixth
Principal Meridian, Eagle County, Colorado, according to the
Dependent Resurvey of said Township and Range, accepted November 1,
1943 by the -Department of the Interior General Land Office in
Washington, D.C., described,as follows:
Beginning at the West 1/4 corner of said Section 8; thence, along
the westerly line of said Section 8, N00°10'53"W 760.45 feet;
thence, departing said westerly line, S81°25'19"E 834.49 feet;*
thence N45°00100"E 1000.00 feet; thence S72°10'00"E 700.00 feet;
thence S33°25'00"E 440.00 feet; thence N24°00'00"E 150.00 feet;
thence North 310.00 feet; thence N15°30'00"E 270.00 feet; thence
N00°45'00"W 105.00 feet; thence N11°50'00"W 380.00 feet; thence
N12°00'0'0"E 155.00 feet; thence N68°15'00"E 85.00 feet; thence
S71°00'00"E 80.00 feet; thence S18°30'00"E 140.00 feet; thence
South 280_.00 feet; thence S12°30'00"E 230.00 feet; thence
S24°00'00"E 520.00 feet; thence S38°00'00"E 820.00 feet; thence
N83°15'00"W 940.00 feet; thence N33°25'00"W 660.00 feet; thence
N72°10'00"W 610.00 feet; thence S45°00'00"W 1794:13 feet; thence
S89°34'34"W 343.18 feet, to the westerly line of said Section 8;
thence, along said westerly line,.N00°12'54"W 78.88 feet, to the
point of beginning, containing 35.2500 acres, more or less.
B-1.5
PARCEL 13
Those parts of the NE 1/4, N 1/2'SE 1/4, N 1/2 SW 1/4, Section 8,
Township 5 South, Range 81 West of the Sixth Principal Meridian,
Eagle County, Colorado, according to the Dependent Resurvey of said
Township and Range, accepted November 1, 1943 by the Department of
the Interior General Land Office in Washington, D.C., described as
follows:
Beginning at the North 1/4 corner of said Section 8; thence
S30°05'14"E 1089.05 feet, to the True Point of Beginning; thence
N57°26'06"E 147.68. feet; thence S51°06'44"E 395.98 feet; thence
S75°27'07"E 336.00 feet; thence N79°48'23"E 275.28 feet; thence
S17°38`30"E 593.03 feet; thence S24°53'08"W 379.31 feet; thence
S25°01'02"E 575.88 feet; thence S27°39'30"W 800.00 feet; thence
N62°20'30"W 175.00 feet; thence S65°00'00"W 550.00 feet; thence
N80°0.0'00"W 670.00 feet; thence S45°00'00"W 590.00 feet; thence
West 1866.64 feet; thence North 72.74-feet;--thence East 1770.79
feet; thence N45°00'00"E 645.06 feet; thence S80°00'00"E 695.00
feet; thence N65°00'00"-E 685.00 feet; thence N27°39'30"E 570.00
feet; thence N48°00'00"W 1500.00 feet; thence N09°06'17"E 301.87
feet; thence N10°26'16"W 297.12 feet, to the True Point of
Beginning, containing 35.5000 acres, more or less.
B-1.6
PARCEL 15
Those parts of the NE 1/4 NW 1/41 N 1/2 NE 1/4,1/4 NE
of the /Sixth
1/4 SE 1/4, Section 8, Township 5 South, Range
Principal Meridian," Eagle County, Colorado, according to the
Dependent Resurvey of said Township and Range, accepted November 1,-
1943 by the Department of the Interior General Land Office in
Washington, D.C., described as follows:
Beginning at the North 1/4 corner of said Section 8; thence, along
the northerly line of said Section 8, N88°42'58"E 850.00 feet;
thence, departing said northerly line, S56°30'00"E 1274.62 feet;
thence S17°38'30"E 1593.20 feet; thence S27°39'30"W 2121.59 feet;
thence North 180.00 feet; thence N46°56'24"E 208.11 feet; thence
N17°15'18"E 385.48 feet; thence N27°39"30"E'1155.01 feet; thence
N17°38'30"W 1578.84 feet; thence N77°20'25"W 1941.60 feet; thence
N03°20'00"W 435.00 feet, to the northerly line of said Section 8;
thence, along said northerly line, N88°40'41"E 185.00 feet, to the
point of beginning, containing 35.1000 acres, more or less.
B-1.7
SOUTH PARCEL A - North of Railroad right-of-way
That part of the WE 1/4 of Section 17, Township 5 South, Range 81
West of the Sixth Principal Meridian, Eagle County, Colorado,.
according to the Dependent Resurvey of said Township. and Range,
accepted November 1, 1943 by the Department of the Interior General
Land Office in Washington, D.C., lying north of the Denver & Rio
Grande Western Railroad right-of-way line, described as follows:
Beginning at the N 1/4 corner of sald* Section 17; thence
S89°23'36"E 526.76 feet, along the northerly line of said WE 1/4 of
Section 17, to the northerly right-of-way line of the Denver & Rio
Grande Western Railroad; thence, departing said northerly line of
Section 17, the following two courses along the northerly right-of-
way line of the Denver & Rio Grande Western Railroad, said
northerly right-of-way line being parallel with and 50 feet
northerly of the centerline of the existing railroad tracks: (1)
S8003612711W 267:66 feet,; (2) 263.93 feet along the arc of a curve
to the right, having a radius of 2486.03 feet, a central angle of
06°04'58", and a chord which bears S83°38'57"W 263.81 feet, to the
westerly line of said NE 1/4 of Section 17; thence N00°20'55"W
78:44 feet, along said westerly line, to the point of beginning
containing 0.53 acres, more or less.
B-1.8
SOUTH PARCEL B - South of Railroad right-of-way
that part of the NE 1/4 of Section 17, Township 5 South, Range 81
West of the, Sixth Principal Meridian, Eagle County, Colorado,
according to the Dependent Resurvey of said Township and Range,
accepted November 1, 1943 by the Department of the Interior General
Land Office in Washington, D.C.,'lying south "of the Denver & Rio
Grande Western Railroad right-of-way line and north of the
centerline of the Eagle River, described as follows:
Beginning at the Northeast corner of said Section 17;' thence
S01°41'49"E 96.93 feet, along the easterly line of said Section 17,
to the True Point of Beginning; thence, continuing along said
easterly line, S01°41'49"E 73.07 feet, to the centerline of said
Eagle River; 'thence the following four courses along said
centerline (Filum aquce): (1) N8.9°24'49"W 1037.9 feet; (2)
N8600714911W 472.00 feet; (3) N89°29149"W 538.00 feet; (4)
S82°3311111W 595.15 feet, to the westerly line of said NE' 1/4;
thence N00°20'55"W 49.18 feet, along said westerly line to the
southerly right-of=way line of the Denver & Rio Grande Western
Railroad; thence, departing said westerly line of Section 17, the
following five courses along the southerly right-of-way line of the
Denver & Rio Grande Western Railroad, said southerly right-of-way
line being parallel with and 50 feet southerly of the centerline of
the existing rail-road tracks: (1) 279.72 feet along the arc of a
curve to the left, having a radius of 2586.03 feet, a central angle
of 06°11'51", and a chord which bears N83°42'23"E 279.58 feet; (2)
N80°36'27"E 350.86 feet; (3) 686.44 feet-along the arc of a curve
to the right; having'a radius of 3171.27 feet, a central angle of
12°24'07", and a chord which bears N86°48'31"E 685.10 feet; (4)
S86°59'25"E' 1216.38-feet; (5) 112.54 feet along the arc of a curve
to the right, having a radius,of 2549.33 feet, a central angle of
02°31'46". and a chord which bears 885'-4313111E 112.53 feet, to the
True Point of Beginning, containing 5.28 acres, more or less.
B-1.9
Name of Landowner/Petitioner: PVRT NOTT I LLC: a Colorado limited liability compan}'
Legal Description of Land Owned. by PVRT N OTT I LLC, a Colorado
limited liability company
See attaced pages B-2.1 - B-2.4
UiMI-i MLAYEi Ok4Ae 6:]7 PM B-2
PARCEL 4
Those parts of NW 1/4 SE 1/4, N 1/2 SW 1/4, SW 1/4 SW 1/4', Section
8, Township 5 South, Range 81 West of the Sixth Principal Meridian,
Eagle County, Colorado, according to the Dependent Resurvey of said
Township and Range; accepted November 1, 1943 by the Department of
the Interior General Land Office in Washington, D.C., described as
follows:
Beginning at the northeast corner of said SW 1/4 SW 1/4; thence,
along the easterly line of said SW 1/4 SW 1/4, S00°01137"E 919.47
feet, to the northerly right-of-way line of Interstate Highway No.
70, as described in the deed recorded in Book 223 at Page 982 in
the office of the Eagle County, Colorado, Clerk and Recorder;
thence, along said northerly right-of-way line, N65°30'20"W 168.80
feet, to the True Point of Beginning; thence, continuing along said
northerly right-of-way" line the following three courses: (1)
N65°30'20"W 80.99 feet; (2) N78°47'50"W 317.2 feet; (3) N83°0$'20"W
215.56 feet; thence, departing said northerly right-of-way line,
North 1157.45 feet; thence East 1866.64 feet; thence N45°00'00"E
590.00 feet; thence S80°00'00"E 670.00 feet; thence S55°00'00"E
210.00 feet; thence S03°00'00"W 365.00 feet; thence West 2497.69
feet; thence South 1094.31 feet, to the True Point of Beginning,
containing 35.5000-acres, more or less.
B-2.1
PARCEL 8
Those parts of NW 1/4 SE 1/4, SW 1/4 NE 1/4,,S 1/2 NW 1/4, NW 1/4,
SW 1/4, Section 8,-and N 1/2 SE 1/4, Section 7, all in Township 5
South, Range 81 West of the Sixth Principal Meridian, Eagle County,
Colorado, according to the Dependent Resurvey of said Township and
Range, accepted November 1, 1943 by the Department of the Interior
General Land Office in Washington, D.C., described as a whole as
follows:
Beginning At the West 1/4 corner of said Section 8; thence, along
the westerly line of said Section 8, S00°12'54"E 78.88 feet;
thence, departing said westerly line, 1489°34'34"E 343.18 feet;
thence N45°00'00"E 1794.13 feet; thence S72°10'00"E 610.00 feet,
thence S33°25'00"E 660.00 feet; thence S83°15'00"E 940.00 feet;
thence S380 001 0011E 540.00 feet; thence N84°3712111W 1085.12 feet, to
the Center 1/4 corner of said Section 8; thence N54°30'00"W 425.00
feet; thence N31°30'00"W 170.00 feet; thence N11°00'00"E 150.00
feet; thence N33°25'00"W 460.00 feet; thence N72°10'00"W 440.00
feet; thence S45°00'00'W 1962.51 feet; thence West 2074.23 feet, to
the northerly right-of-way line of Interstate Highway No. 70, as
described in the deed recorded in Book 223 at Page 982 in the
office of the Eagle County, Colorado, Clerk and Recorder; thence,
the following two courses along said northerly right-of-way line:
(1) N49°47'20"W 70.36 feet; (2) N70°20'50"W 765.1 feet, to the
northerly line of the SE 1/4 of said Section 7;'thence, along the
northerly line of said SE 1/4, N89°50'40"E 2572.71 feet, to the
point of beginning, containing 36.0000 acres, more or less.
B-2.2
PARCEL 9
That part of the NW 1/4, Section 8, Township 5 South, Range 81 West
of the Sixth Principal Meridian, Eagle County, Colorado, according
to the Dependent Resurvey of said Township and Range, accepted
November- 1, 1943' by the Department of the Interior General Land.
Office in Washington, D.C., described as follows:
Beginning at the West 1/4 corner of said Section 8; thence, along
the westerly line of said Section 8, N00°10153"W 760.45 feet, to
the T-r_ue Point of Beginning; thence, continuing along said westerly
line, 1400°10'53"W 319.87 feet; thence, departing said westerly
line, N89°4910711E 525:00 feet; thence N00°10'53"W 328.77 feet;
thence N50°24'08."E 400.00 feet; thence N26°07'48"E 808.23 feet;
thence S30°02'55"E 957.07 feet; thence S75°15'00"E 900.00 feet;
thence S15°30'00"W 130.00 feet; thence South 310.00 feet; thence
S24°00'00"W 150.00 feet; thence N33°25'00"W 440.00 feet; thence
N72°10'00"W 700.00 feet; thence S45°00'00"W 1000.00 feet; thence
N81°25'19"W 834.49 feet, to the True Point of Beginning, containing
35.5000 acres, more or less.
B-2.3
PARCEL 14
Those parts of the NE 1/4, NE 1/4 NW 1/4, Section 8, Township 5
South, Range 81 West of the Sixth Principal Meridian, Eagle County,
Colorado, according to the Dependent Resurvey of said Township and
Range, accepted November 1, 1943 by the Department of the Interior
General Land Office in Washington, D.C., described as follows:
Beginning at the, North 1/4 corner of said Section 8;, thence
S20°00'19"W 466.69 feet, to the True Point of Beginning; thence
S03°20'00"E 235.00 feet; thence S71°00'00"E 80.00 feet; thence
S18°30'00"E 140.00 feet; thence South 280.00 feet; thence
S12°30'00"E 230.00 feet; thence S24°00'00"E 270.00 feet; thence
N22°25'46"E 201.82 feet; thence S68°16'41"E 367.44 feet; thence
N09°06'17"E 301.87 feet; thence N10026'i6"W 297.12 feet; thence
N57°26'06"E 147.68 feet; thence S51°06'44"E 395.98 feet; thence
S75°27'07"E 336.00 feet; thence N79°48'23"E 275.28 feet; thence
S17°38'30"E 593.03. feet; thence •S24°53"0W'W-319.31 feet; thence.
S25°01'02"E 575.88 feet; thence S61°31'11"E 234.70 feet; thence
N27°39'30"E 362.94 feet; thence N17°38'30"W 1578.84 feet; thence
N77°20'25"W 1941.60 feet, to the True Point of Beginning,
containing 35.1000 acres, more or less.
B-2.4
Name of Landovvner/Petitioner: PVRT NOTT II LLC, a Colorado limited liability company
Legal Description of Land Owned by PVRT NOTT II LLC, a Colorado
limited liability company
See attached pages B-3.1 - B-3.5
31{09!.1 WAYdt 66!24196 6.77 PM B-3 _
PARCEL 1W
That part of the SE 1/4 NE 1/4 of Section 12, Townshilpe 5 Cou South,
Range 82 West of the Sixth Principal Meridian, Eagle
Colorado, according to the Dependent Resurvey and-Survey of said
Township and Range, accepted September 7, 1977 by the Department of
the Interior Bureau of Land Management in Washington, D.C.,
together with that part of the W 1/2 NW 1/4 of Section 7, Township
5 South, Range 81 West of the Sixth Principal, Meridian, Eagle
County-, Colorado, according to the Dependent Resurvey of, said
Township and Range, accepted November 1, 1943 by the Department of
the Interior General Land Office in Washington, D.C., both parts of
said Sections lying north of Interstate Highway No. 70 and being
described as a whole as follows:
Beginning at the northwest corner of said Section 7; thence, along
the northerly line of said Section 7, N88°49'24"E 1412.90 feet, to
the northeast corner of said W 1/2 NW 1/4; thence, departing said
northerly line, S33°51'26"W 1060.00 feet; thence S14°40'17"E
1150.00 feet, to the northerly right-of-way line of Interstate
Highway No. 70, as described in the deed recorded in Book 223 at
Page 982 in the office of the Eagle County, Colorado, Clerk, and
Recorder; thence the following seven courses along said northerly
right-of-way line: (1) N70024'51"W 450.00 feet; .(2) N89°42'21"W
211.9 feet; (3) N70°24'51"W 500.2`feet, to the common north-south,
line of said Sections 7,& 12; (4) N70°24'51"W 93.9'feet; (5) 393.3
feet along the arc of a- curve to the right, having a radius of
5550.0 feet, a central angle of 04°03'37", and a chord which bears
N68°2.3'02"W 393.2 feet; (6) N74°38'51"W 98.1 feet; (7) 274.54 feet
along, the arc of a curve to the right, having a radius of 5565.0
feet, a central angle of 02°49'36", and a chord which bears
N63°56'27'W 274.51 feet, to'the northerly line of the SE 1/4 NE 1/4
of said Section 12; thence, along said northerly line, S89°58'41"E
793.44 feet, to the N 1/16 corner of said Sections 12 and 7;
thence, along the westerly line of said Section 7, N00°11'27"W
1321.54 feet, to the point of beginning, containing 45.7614 acres,
more or less.
B-3.1
PARCEL 2
Those parts of SE 1/4 WE 1/4, E 1/2 SE 1/4, Section 8, and SW 1/4
SW 1/4,-Section 9, all in_Township 5 South, Range 81 West of the
Sixth Principal Meridian, Eagle County, Colorado, according to the
Dependent Resurvey of said Township and Range, accepted November 1,
1943 by *the Department of the Interior General Land Office, in
Washington, D.C., described as a whole as follows:-
Beginning at the southeast corner of said SW 1/4 SW 1/4, Section-9;
thence, along the easterly line of said SW 1/4 SW 1/4, N01°33'13"E
138.60 feet, to the True Point of, Beginning; thence, departing said
easterly line, West 2610.06 feet; thence North 2000.18 feet; thence
N27°39'30"E 980.00 feet; thence S61°31''ll"E 234:70 feet;-thence
S27°39'30"W 792.07 feet; thence S17°15'18"W 385.48 feet; thence
S46°56'24"W .208.11 feet; thence South 1079.93 feet; thence East
2595.53 feet, to the easterly line of said SW,1/4 SW 1/4, Section
9; thence, along said easterly line, S01°33'13"W 464.74 feet, to
the True Point of Beginning, containing 35.5000 acres, more 'or
less.
B-3.2
PARCEL 7
Those parts of S 1/2 NW 1/4, NW 1/4 SW 1/4, Section 8, and N 1/2 SE.
1/4, Section 7, all in Township 5 South,'Range 81 West of the Sixth
Principal Meridian Meridian, Eagle County, Colorado, according to
the Dependent Resurvey of, 'said Township and Range, accepted
November 1, 1943 by the Department of the Interior General Land
Office in Washington, D.C., described as a whole as follows:
Beginning at the Center 1/4 corner of said Section 8; thence
N84°37'21"W 500.00. feet; thence N45°00'00"W 760.00 feet; thence
S45°00'00"W 1631.71 feet; thence West 1870.27 feet, to the
northerly right-of-way line of Interstate Highway No. 70, as
described in the deed recorded in Book 223 at Page 982 in the
office of the Eagle County, Colorado, Clerk and Recorder; thence,
the following two courses along said northerly right-of-way line:
(1)-N68°2415011W 399.7 feet; (2) N49°47'20"W 143.24 feet; thence,
departing said northerly right-of-way line, East 2074.23 feet;
thence N45°00'00"E 1962.51 feet; thence S72°10'00"E 440.00 feet;
thence S33°25'00"E 460.00 feet; thence S11°00'00"W 150.00 feet;
thence S31°30'0"E 170.00 feet;-thence S54030'00"E 425.00 feet, to
the point of beginning, containing 36.2506 acres, more or less.
B-3.3
PARCEL 11
Those parts of the E 1/2 NW 1/4, NW 1/4 NW 1/4, Section 8, Township
5 South, Range 81 West of the Sixth Principal Meridian, Eagle
County, Colorado, according to the Dependent Resurvey of said
Township and Range, accepted November 1, 1943 by the Department of
the Interior General Land Office in Washington, D.C., described as
follows:
Beginning at the northwest corner of said E 1/2 NW 1/4; thence,
along the northerly line of said E 1/2 NW 1/4, N88°4014111E 1194.49
feet; thence, departing said northerly line, S03°20'00"E 670.00
feet; thence S68°15'00"W 85.00 feet; thence S12°00'00"W 155.00
feet; thence S11°50'00"E 380.00 feet; thence S00°45'00"E 105.00
feet; thence S15°30'00"W 140.00 feet; thence N75°15'00"W 900.00
feet; thence N30°02'55"W 957.07 feet; thence N26'007148"E 421.77
feet, to the point of beginning, containing 35.5000 acres, more or
less.
B-3.4
i
PARCEL 12
Those parts of the S 1/2 NE 1/4,. N 1/_2_,_SE_ 1/4, N 1/2 SW 1/4,
Section 8, Township 5 South, Range 81 West of the Sixth Principal
Meridian, Eagle County, Colorado, according to the Dependent
Resurvey of said Township and Range, accepted November 1, 1943 by
the Department of the Interior General Land Office in Washington,
D.C., described as follows:
Beginning at the North 1/4 corner of said Section 8; thence
S08°34'42"E 1412.40 feet, to the True Point of Beginning; thence
S68°16'41"E 36,7.44 feet; thence S48°00'00"E 1500.00 feet; thence
S27129113011W 570.00 feet; thence S65°00'00"W 685.00 feet; thence
1480°00'00"W 695.00 feet; thence S45°001 0011W 645.06-feet; thence
West 1770.79 feet; thence North 65.23 feet; thence N45°00'00"E
191.07 feet; thence East 1665.00 feet; thence N45°00'00"E 490.00
feet; thence S80°00'00'E 660.00 feet; thence N65°00'00"E 550.00
feet; thence N38000100"W 1510.00 feet; thence N24°00'0'W 250.00
feet; thence N22°25'46"E 201.82 feet, to the True Point of
Beginning, containing 35.2162 acres, more or less.
B-3.5
Name of Landowner/Petitioner: PVRT NOTT III LLC, a Colorado limited liability
company
Legal Description of Land Owned by PVRT NOTT III LLC. a Colorado
limited liability company
See attached pages B-4.1 - B-4.3
M8096.1 MLAYM 0041986:37 PM B4
PARCEL 3W
That part of the E 1/2 NW 1/4 of Section 7, Township 5 South, Range
81' West of the Sixth Principal Meridian, Eagle County, Colorado,
according to the Dependent Resurvey of said Township and Range,
accepted November 1, 1943 by the Department o the Interior General
Land Office in Washington, D.C., said part of said E 1/2 NW 1/4
lying north - of Interstate -Highway No. 70 and being described as
follows:
Beginning at the N 1/4 corner of said Section 7;'thenae, along the
easterly line of the NW 1/4 of said Section 7,.S00°11112"E 2621.00
feet, to the northerly right-of-way line of Interstate Highway No.
.70, as described in the deed recorded in Book'223 at,Page 982 in
the office of the Eagle County, Colorado, Clerk and Recorder;
thence, along said northerly right=of-way line, N70°24'51"W 1040.00
feet; thence, departing said northerly right-of-way line,
N32°00'00"E 600.00 feet; thence N16°15'00"W 620.00 feet; thence
N44°48'57"E 700.00 feet; thence N36°01'27"W 810.00 feet, to the
northerly line of said Section 7; thence, along said northerly
line, N88049'24"E 810.00 feet, to the point of beginning,
containing 39.0760 acres, more.of less.
B-4.1
PARCEL 3
Those parts of E 1/2 SE 1/4, NW 1/4 SE 1/4, N 1/2 SW 1/4, SW 1/4 SW
1/4, Section 8, and SW 1/4 SW 1/4, Section 9, all in Township 5
South, Range 81 West of the Sixth Principal Meridian, Eagle County,
Colorado, according to the Dependent 'Resurvey of said Township and
Range, accepted November 1, 1943 by the Department of the Interior
General Land Office in Washington, D.C., described as a whole as
follows:
Beginning at the southeast corner of said SW 1/4 SW 1/4, Section 9;
thence, along the southerly line of said SW 1/4 SW 1/4, N89.55'04"W
1371.96 feet, to the common section corner of of'-Sections 8, 9, 16 and
17 of said Township and Range; thence, along the westerly line of
said Section 9, N01°32'00"E 3.82 feet, to the northerly right-of-
way line of the Denver Rio Grande Western Railroad, said
northerly right-of-way line being parallel with and 50 feet
northerly of the centerline of the existing railroad tracks; thence
the following two courses along said northerly right-of-way line:
(1) 104.48 feet along the arc of a curve to the left, having a
radius of 2649.33 feet, a central angle of 02°15'34",, and a chord
which bears N85°51'36"W 104.47 feet; (2) N86°59'25"W 1213.28 feet,
to the westerly line of the SE 1/4 SE 1/4 of said Section 8;
thence, along said westerly line, N00°51'07"E 1337.77 feet, to the
northwest corner of said SE 1/4 SE 1/4, Section 8; thence,
departing said westerly line, N89°54'54"W 1333.58 feet, along the
southerly line of the NW 1/4 SE 1/4 of said Section 8, to the
southwest corner of said NW 1/4 SE 1/4, Section 8; thence, along
the southerly line of the, NE 1/4 SW 1/4 of said Section 8,
N89°5813511W 1366.46 feet, to the southwest corner of said NE 1/4 SW
1/4, Section 8; thence, along the easterly line of the SW 1/4 SW
1/4 of said Section 8, S00°01'37"E 919.47 feet, to the northerly
right-of-way line of Interstate Highway No. 70, as described in the
deed recorded in Book 223 at Page 982 in the office of the Eagle.
County, Colorado, Clerk and Recorder; thence, along said northerly
right-of-way line, N65°30'20"W 168.80 feet; thence, departing said
northerly right-of-way line, North 1094.31 feet; thence East
2497.69 feet; thence N03°00'00"E 365.00 feet; thence N5500010011W
210.00 feet; thence N65°00'00"E 550.00 feet; thence S62°20'30"E
175.00 feet; thence S27°39'30"W 180.00 feet; thence South 2000.18
feet; thence East 2610.06 feet, to the easterly line of the SW 1/4
SW 1/4 of said Section 9; thence, along said easterly line,
S01°33'13"W 138.60 feet, to the point of beginning; containing
35.5000 acres, more or less.
B-4.2
PARCEL 5
Those parts of NW 1/4 SE 1/4, N 1/2 SW 1/4, SW 1/4 SW 1/4, Section
8, and E 1/2 SE 1/4, Section 7, all in Township 5 South, Range 81
West of the Sixth' Principal Meridian, Eagle County, Colorado,
according to the Dependent Resurvey of said Township and Range,
accepted November 1, 1943 by the Department of the Interior General
Land Office in Washington, D.C.,, described as a whole as follows:
Beginning at, the Center 1/4 corner of Said Section 8; thence
S84037121"E 1085.12 feet; thence S38°00'00"E 150.00 feet; thence
S65°00'00"W 550.00 feet; thence N80°0010011W 660.00 feet; thence
S45°00'00"W 490.00 feet; thence West 1665.00 feet; thence
S45°00'00"W 191.07 feet; thence South 1295.42 feet, to the
northerly right-of-way line of Interstate Highway No. 70, as
described in the deed recorded in Book 223 at Page 982-in the
office of.the Eagle County, Colorado, Clerk and Recorder; thence,
the following three courses along said northerly right-of-way line:
(1) N83°08'20"W 291.14 feet; (2) 772.2 feet along the arc."of a
curve to the 'right, having a radius of 1462.0 feet, a central angle
of 30015152", and a chord which bears N54°57'56"W 763.3 feet; (3)
N34°37'50"W 275.85 feet; thence, departing said northerly right-of-
way line, N59°32'18"E 855.07 feet; thence N45°00'00"E 650.00 feet;
thence East 935.00. feet; thence N45°00'00"E 590.00 feet; thence
S84°37'21"E 820.00 feet; thence N43°30'00"W 250.00 feet, to the
point of beginning, containing 42.6813 acres, more or less.
B-4-.3