HomeMy WebLinkAboutEasement Dispute - 2754 SnowberryPorterfield & Associates LLC.
Attorneys at Law
Wendell B. Porterfield, Jr.
wporterfield@opa- law.com P.O. Box 3149
Vail, Colorado 81658 -3149
Tel: (970) 949 -5380
Gerald W. Oliver Fax: (970) 845 -9135
joliver@opa- law.com
March 10, 2014
Eagle River Water & Sanitation District
846 Forrest Road
Vail, Colorado 81657
101 Eagle Road, Bldg. 8
Eagle -Vail, CO 81620
of Counsel:
Frederick S. Otto
fso@opa- law.com
Re: Lot 15, Block 9, Vail Intermountain Development Subdivision
Dear District:
We represent 2754 Snowberry Drive, LLC., which is the record owner of Lot 15, Block
9, Vail Intermountain Development Subdivision, situated at 2754 Snowberry Drive, Vail,
Colorado ( "Lot 15 "). On December 27, 2000, a Claim of Easement was recorded by Eagle River
Water & Sanitation District (the "District ") at Reception No. 747006. A copy of the Claim of
Easement is enclosed.
In the Claim of Easement, the District claims a Water Facility Easement over Lot 15, as
well as over Lot 14. The real property records indicate that Lot 14 is now owned by the District.
Lot 15 does not contain a water storage tank, access road, water line or appurtenants. We
are also unaware of any authority which grants the District the right to simply claim an easement
without the consent of the owner, or a finding by the court.
Please take such action as is necessary to release the Claim of Easement as it affects Lot
15.
Very truly yours,
Wendell B. Porterfield, Jr.
WBP:al
Encls: (Claim of Easement)
cc: James Collins
d�,tw
oilm
CLAIM OF EASEMENT
WHEREAS, the Eagle River Water and Sanitation District is a quasi- municipal
corporation and political subdivision of the State of Colorado; and
WHEREAS, the Eagle River Water and Sanitation District is successor -in- interest to the
Vail Intermountain Water District; and
WHEREAS, in approximately 1974, the Vail Intermountain Water District constructed a
water storage tank on property currently owned by the George E. Miller Isle of Man Educational
Trust f described as Lots 14 and 15, Block 9, Vail Intermountain Subdivision ( "Property "); and
or Victoria M. Miller,
WHEREAS, the original property owner consented to the construction of the water
storage tank on the Property, as reflected in the Affidavit attached as Exhibit A, but inadvertently
failed to grant a formal easement to Vail Intermountain Water District for the water storage tank
and the access road; and
WHEREAS, the current and preceding owners of the property have known of and have
not objected to the District's continuous use and maintenance of the water storage tank, access
road, water line, and appurtenances for a period exceeding 18 years.
NOW, THEREFORE, the Eagle River Water and Sanitation District does hereby claim a
Water Facilities Easement by prescriptive rights of use over a period of 18 years, and by the
original acquiescence to this easement by the original property owner, as fully described on
Exhibits B and C.
Dated this 20th day of December, 2000.
EAGLE RIVER WATER AND SANITATION
DISTRICT
By:
Frederick P. Sackbauer, 1V
President and Chairman of the Board of Directors
111111111111111111111111 IIII III 11111111 III VIII IIII till
Eagle River WBcSiEasemmtsi
747006 12/27/2000 04:19P 173 Sara Fisher Claim of Easement•Miller.doe
1 of 7 R 35.00 D 0.00 N 0.00 Eagle CO
STATE OF COLORADO )
)Ss.
COUNTY OF )
—CAN
The above Claim of Easement
Sackbauer, IV, as President and Chai .
and Sanitation District this g l- d
,_ ; may... - • .Tl: ,`
Witness my hand and off seal.
N p
�Aj�
and sworn to before me by Frederick P.
I of Directors for the Eagle River Water
My Commission Expires: My Commission Expires 9/24/2003
111111111111111111111111111111111111111111111111111 IN
747006 12/27/2000 04:19P 173 Sara Fisher
2 of 7 R 35.00 D 0.00 N 0.00 Eagle CO
-2-
EXHIBIT A
AFFIDAVIT
STATE OF COLORADO ) 111111111111 11111111111111111111111111111111111111! IN
) ss. 747006 12/27/2000 04:19P 173 Sara Fisher
COUNTY OF EAGLE ) 3 of 7 R 35.00 D 0.00 N 0.00 Eagle CO
I, TIMOTHY J. GARTON, Post Office Box 789, Vail, Colorado 81657, being
of lawful age and being first duly sworn upon oath, do hereby state that the following
is true and correct to the best of my personal knowledge, information, and belief:
1. During the 1970's, 80's, and 90's, I was managing partner of Vail
Intermountain Associates, a limited partnership, which owned the property currently
known as Lots 14 and 15, Block 9, Vail Intermountain Subdivision ( "Property"). I
also was a Board member of the Vail Intermountain Water District. Upon this
Property, in approximately 1974, the Vail Intermountain Water District constructed a
water tank with the approval of the property owner which I then represented. Once
the tank and access road were finally determined, it had been my intention to grant an
easement to the Vail Intermountain Water District, the successor of which is now the
Eagle River Water and Sanitation District. A formal easement for the tank and
access road was never granted through oversight or error. It is my belief that the
current owner and operator of the water storage tank is entitled to an easement either
through prescription or acquiescence.
FURTHER AFFIANT SAYETH NOT.
Timothy R. barton
Subscribed and sworn to before me this -cn
day of Ny�e(tli , 2000,
by Timothy R. Garton.
VICKI LOVE- ESPOSITO
N&FARY PUBLIC Notary Public
STATE QF COLORADO
MY commj"Jo.n FxpiresJan. 17, 2003
My Commission expires:
Eagle River W&S/
Affidavit- Ganon.dw
LINE TABLE
LINE
LENGTH
BEARING
Ll
257.36'
S36'41'457E
L2
27.85'
553'18'15 "W
L3
252.31'
N36'41'45 "W
CURVE TABLE
CURVE
I RADIUS
I LENGTH
ITANGENTI
CHORDT
BEARING
DELTA
C11
100.00'
28.44'
14.32'
28.34'
N43'0 1'l1 "E
1 16'17'39"
1111111111111111111111111111111 11111111111 1111111111111
747006 12/27/2000 04:19P 173 Sara Fisher
4 of 7 R 35.00 D 0.00 N 0.00 Eagle CO
N�WBERRY DRI VE 4
i
LEGAL DESCRIPTION:
A parcel of land located in Lot 15, Block 9, Vail Intermountain Development Subdivision as
recorded in the Office of the Clerk and Recorder of Eagle County, Colorado in Book 225 at
Page 315 and being more particularly described as follows;
The True Point of Beginning being at the northwest corner of said Lot 15, common to the
northwest corner of Lot 14, Block 9 of said subdivision; thence 536'41'45 "E along the east line
of said Lot 15, common to the west line of said Lot 14, a distance of 257.36 feet to a point;
thence S53'18'15 "W a distance of 27.85 feet to a point; thence N36'41'45 "W a distance of
252.31, feet to a point on the north line of said Lot 15, common to the south right of way
line of Snowberry Drive and on a non — tangent curve to the left having a radius of 100.00 feet;
thence 28.44 feet along said curve through a central angle of 16'17'39 ", having a chord bearing
and distance of N43'01'11 "E, 28.34 feet to the True Point of Beginning.
Said parcel of land contains 7077 square feet (0.163 acres), more or less.
LO.
,6--46J9'47"
R= 100.00'
L= 81.44' /
T= 43.13'
CH= .21 '
=N 12'18 E
S „E 62.72,
15• ROADWA
EASEMENT
�- TRUE POINT OF
BEGINNING
i
' DIRT ROAD
\ AL TI
\ w \ VAL vc
S LAP OLAR
PANELS
\ U. LOT 14
PROPOSED EASEMENT+
WATER
\ 7077 SQ. FT. TANK
\ 0.163 AC. '�
LOT 15
\
49,8-94 SO FT. \ \
\ 1.145 AC. \ \
L_ — _ — _ — — _ _ — —
S8736'55 "W 220.00'
FOUND ALUMNIUM CAP FOUND ALUMNIUM CAP 1
PLS 15993 (TYP.) PLS 15993
1 11111111111111111111111 IN 11111111111111111111111 IN
747006 12/27/2000 04:19P 173 Sara Fisher
5 of 7 R 35.00 D 0.00 N 0.00 Eagle CO
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LOT 13 1
L = 121.42'
SNOWBERR Y DRIVE R = 50.0'
A = 139'08'25"
LOT
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CL = 93 E� ��+ PROPC
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PA \ \ PANELS
- LINE TABLE
LINE
LENGTH
BEARING
L1
95.75'
N73'00'58 "E
L2
27.02'
S02'05'24 "W
L3
82.72'
S31'19' 0 "E
L4
115.19'
S49'26'27'W
L5
257.36
S36'41'45 "E
L6
81.75'
S36'41 '45"E
L7
111.68'
N37-23'1 1"E
L81
77.00'1
S73'00'58 'W
\\ \ \\ WATER // y
\ \ TANK /
\ \ Y
S36'41'45
\ \ 355.79'
FOUND AL UMNIUM CAP
PLS 15991
B
LEGAL DESCRIPTION:
A parcel of land located in Lot 14, Block 9, Vail Intermountain Development
Subdivision as recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado in Book 225 at Page 315 and being more particularly described as follows:
The True Point of Beginning being the northwest corner of said Lot 14 and being on
FT. the south right of way line of Snowberry Drive; thence N39'44'13 "E along the north
line of said Lot 14 and the south right of way line of said Snowberry Drive a distance
C of 20.14 feet to a point on a non - tangent curve to the left having a radius of 50.00
feet; thence 16.29 feet along said curve and the north line of said Lot 14 and the
south right of way line of said Snowberry Drive through a central angel of 18'39'41
having a chord bearing and distance of S89- 35'50 "E, 16.21 feet to a point; thence
S36'41'45 "E a distance of 81.75 feet to a point; thence N37'23'11 "E a distance of
111.68 feet to a point of curvature of a curve to the left having a radius of 25.00
feet; thence 13.41 feet along said curve through a central angle of 30'43'31 ", having
D EASEMENT a chord bearing and distance of N22'01'25 "E, 13.25 feet to a point of compound
FT curve to the left having a radius of 10.00 feet; thence 19.84 feet along said curve
through a central angle of 11338'41 ", having a chord bearing and distance of
N50'09'41 "W, 16.74 feet to o point of tangency, thence 573'00'58 "W a distance of
77.00 feet to a point on a non - tangent curve to the left having a radius of 50.00
feet and on the north line of said Lot 14 and the south right of way line of
Snowberry Drive; thence 44.70 feet along said curve and the north line of said Lot 14
and the south right of way line of Snowberry Drive through a central angle of
51'13'39 ", having a chord bearing and distance of N05'18'20 "E, 43.23 feet to a point;
thence N73'00'58 "E, a distance of 95.75 feet to a point of curvature of a curve to
the right having a radius of 25.00 feet; thence 47.59 feet along sold curve through a
central angle of 109'04'26', having a chord bearing and distance of S52'26'49 "E,
40.72 feet to a point of tangency, thence S02'05'24 "W a distance of 27.07 feet to a
point of curvature of a curve to the left having a radius of 50.00 feet; thence 29.16
feet along said curve through a central angel of 33'24'44 ", having a chord bearing
and distance of S1436'58 "E, 28.75 feet to a point of tongency, thence S31'19'20 "E a
distance of 82.72 feet to a point of curvature of a curve to the right having a
radius of 102.44 feet; thence 66.38 feet along sold curve through a central angle of
37'07'31 ", having a chord bearing and distance of S12'45'34 "E, 65.22 feet to a point
of compound curve to the right having a radius of 42.00 feet; thence 31.99 feet
along sold curve through a central angle of 43'38'16" having a chord bearing and
distance of S27'37'20 "W, 31.22 feet to ❑ point of tangency, thence S49'26'27W a
distance of 115.19 feet to a point on the west line of said Lot 14, common to the
MEG /Sj' <. east line of Lot 15, Block 9, of said subdivision; thence N36'41'45 "W along said
0. FE F common line a distance of 257.36 feet to the True Point of Beginning.
Sa parcel of land contains 38,803 square feet (0.891 acres), more or less.
1 111111 11111 1111111 11111 IN 111 11111111 111 11111 1111 IN
747006 12/27/2000 04:19P 173 Sara Fisher
7 of 7 R 38.00 D 0.00 N 0.00 Engle CO
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
CHORDI
BEARING
DELTA .
C1
50.00'
16.67'
8.41'
16.59'
N29'51'27 "W
19'05'55'
C2
25.00'
47.59'
35.10'
40.72'
S52'26'49 "E
109'04'26"
C3
50.00'
29.16'
15.01'
28.75'
S1436'58 "E
33'24'44"
C4
102.44'
66.38'
34.40'
65.22'
S1245'34 "E
37'07'31"
C5
42.00'
31.99'
16.81'
31.22'
S27'37'20 "W
4338'16"
C61
50.001
16.29'
8.22'
16.21'
589'35'50 "E
1839'41"
C71
25.00'1
13.411
6.87'
13.25'
N22- 01'25 "E
1 30'43'31"
C81
10.001
19.84'
15.29'
16.74'
N50-09'41 _W
113'38'41"
C91
50.00'
44.70'
23.97'
43.23'
N0518'20 "E
51'13'39"
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