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HomeMy WebLinkAbout1999-04 Adopting the Miller Ranch-Berry Creek IGARESOLUTION NO.4 SERIES OF 1999 A RESOLUTION ADOPTING THE MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT. WHEREAS, on October 15, 1991 an Intergovernmental Agreement was entered into by and between the Town of Vail, the Town of Avon, the Eagle -Vail Metropolitan District, the Berry Creek Metropolitan District, the Beaver Creek Metropolitan District, the Arrowhead Metropolitan District, and Eagle County, Colorado, which created an independent governmental entity known as the Eagle County Recreation Authority; and WHEREAS, the Authority is an independent governmental entity separate and distinct from each of the parties; and WHEREAS, the Authority is the fee simple owner of a 105 acre parcel of real property located in Eagle County, Colorado, commonly referred to as the Berry Creek Fifth Filing; and WHEREAS, the Authority's parcel of real property is immediately adjacent to a 109 acre parcel of real property located in Eagle County, Colorado, commonly referred to as the Miller Ranch which is owned in fee simple by the Eagle County School District; and WHEREAS, the Authority and the District have negotiated an Intergovernmental Agreement which provides for joint planning of the adjacent parcels and the conveyancing of parcels between the two entities to allow for the highest and best use of the real property; and WHEREAS, the Miller Ranch -Berry Creek Intergovernmental Agreement has been approved by the Authority Board of Directors. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Vail Town Council approves the Miller Ranch -Berry Creek Intergovernmental Agreement, as attached hereto as Exhibit A, by and between the Eagle County Recreation Authority and the Eagle County School District. 2. The Town of Vail representative on the Eagle County Recreation Authority is hereby authorized to execute any agreements necessary to effectuate the entering of the Miller Ranch -Berry Creek Intergovernmental Agreement. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVE AND ADOPTED this ATTEST: ei Donaldson, Town Clerk C:IRESOLU99.4 day of March, 1999. obert E. Ford, Mayor l.. Cu;L: unu+rpt'.s, RECEIVED FEB 1 8 199i• Eagle County 'creation Authority Date: February 17, 1999 To: MEMORANDUM Eagle -Vail Metropolitan District Beaver Creek Metropolitan District Arrowhead Metropolitan District Berry Creek Metropolitan District Eagle County Commissioners Tom Moorhead, Town of Vail Bill Efting, Town of Avon From: Connie Bullard Re: Miller Ranch -Berry Creek Intergovernmental Agreement Attached is the final Miller Ranch -Berry Creek Intergovernmental Agreement. This Agreement has been approved by the Recreation Authority Board of Directors and is being sent to each member entity for its approval. The Recreation Authority is requesting that each member entity adopt a motion approving this Agreement and authorizing an officer of your entity to execute this agreement on behalf of your organization. Administrative Management Provided By: Robertson & Marchetti, P.C. P.O. Box 600, Edwards, CO 81632 Phone (970) 926-6060 — Fax (970) 926-6040 LLER RANCH -BERRY CREEK iltERGOVERNNIENTAL AGREErIIIT 1. PARTIES. The parties to this Miller Ranch -Berry Creek Intergovernmental Agreement (Agreement) are the EAGLE COUNTY RECREATION AUTHORITY, a quasi- municipaI corporation of the State of Colorado (Authority), and the EAGLE COUNTY SCHOOL DISTRICT RE -50J, a public school district of the State of Colorado (District). 2. RECITALS AND PURPOSE. The Authority is the fee simple owner of a 105 -acre parcel of real property located in Eagle County, Colorado, commonly referred to as the Berry Creek 5th Filing and which is depicted on the attached EXHIBIT A. The legal description: of the Authority's real property is set forth on the attached EXHIBIT B. The District is the fee simple owner of the adjacent 109 -acre parcel of real property located in Eagle County, Colorado, commonly referred to as the Miller Ranch and which is depicted on the attached EXHIBIT A. The legal description of the District's real property is attached as EXHIBIT C. As of the date of this Agreement, the Authority has allowed a portion of the property to be utilized as an equestrian center. The District has constructed Berry Creek Middle School on a portion of its real property and is leasing other portions of its real property to Stevens Home Care, Inc., J.T. Berga Company, Inc., and an existing residence to an employee of the District. The balance of the parties' respective real property is undeveloped. Prior to the signing of this Agreement, the parties determined that it was in their respective interests, and in the best interest of the public, to engage in joint planning for their respective real property to ensure that the entire 214 -acre parcel Property) is utilized in the most appropriate manner possible. Accordingly, through a joint planning process with significant public input and involvement, the parties have developed the Concept Plan which is attached to this Agreement as EXHIBIT D. The purpose of this Agreement is to reflect the agreement of the parties that Miller Ranch and Berry Creek 5th Filing will be planned as if the two parcels were one and in accordance with the terms of this Agreement. Now, therefore. in consideration of the mutual promises contained in this Agreement, the parties covenant and agree to the terms and conditions set forth in the following paragraphs. 3. JOINT PLAN FOR DEVELOPMENT. The parties agree that the entire Property shall be utilized by the respective parties in accordance with the designations set forth on the Concept Plan attached -to this Agreement as EXHIBIT D: In fulfillment of such agreement, the parties agree as follows: 3.1 Conveyancing/Timing. The conveyancing referred to in Paragraphs 3.2 through 3.5 below shall be accomplished by general warranty deeds conveying fee simple title to the respective parcels involved, free and clear of all liens and encumbrances and subject only to easements, restrictions and rights-of-way of record, if any, but not including appurtenant water rights. Upon one party's request for a conveyance of the other party's real property to the requesting party, the remaining conveyances referred to in this paragraph 3 shall occur. The parties further agree that the timetable on which one party develops the parcels which it now owns, or may own in the future, is independent of the timetable on which the other party develops the parcels it now owns, or may own in the future; provided, however, that the conveyance of any Parcel from one party to the other party will trigger conveyances of all other parcels. 43.2 School Facility.. Upon thellistrict's written request, the Authoritllees to convey Parcel A to the District for construction of a school and related facilities. A school facility may include a high school, or the development of a magnet school or other type of learning center provided that the primary purpose of such facilities is to provide education for the citizens of Eaale County on Parcel A. The District further agrees that if it constructs a high school on the Property, it will be located on Parcel A. 3.3 Recreational. Upon the Authority's written request, the District agrees to convey to the Authority that portion of Parcel 3 which is owned by the District to the Authority for use for recreational facilities and activities as described in paragraph .7 below. 3.4 Housing. Upon the Authority's written request, the District agrees to convey to the Authority that portion of Parcel 2 which is owned by the District for use for housing as described in paragraph 7 below. 3.5 Open Space. Upon the Authority's written request, the District agrees to convey to the Authority Parcels 4 and 5 for open space and passive recreational activities. Parcels 4 and 5 shall be maintained in a predominantly undeveloped condition. Development on Parcels 4 and 5 shall be Iimited to trails, any bridges which may be necessary for such trails, picnic facilities, restrooms and trailhead parking. The parties further acknowledge and covenant that Cemetary Road is currently located on Parcel 5 and nothing in this Agreement shall restrict the future maintenance, upgrading or expansion of this road. 4. EASEMENT AND RIGHT-OF-WAY. By that certain Conveyance of Easement recorded on February 20, 1992 in the real property records of Eagle County Colorado in Book 573 at Page 262, the Authority conveyed a non-exclusive, perpetual easement across its property to the June Creek Ranch Company. Thereafter, by Quit Claim Deed recorded as Reception No. 549209 on October 21, 1994 in Book 653 at Page 173, June Creek Ranch Company quit claimed such easement to the District. Effective upon the execution of this Agreement, and the parties' joint determination of the exact location and legal description of the easement, the Authority agrees to execute and to deliver to the District for recording that certain Deed of Perpetual Non - Exclusive Easement described on the attached EXHIBIT E. The District and the Authority agree to construct a road on such easement to be known as the Miller Ranch Road, and to make improvements to the intersection of the Miller Ranch Road and the Edwards Spur Road, pursuant to the terms and cost sharing arrangements which will be contained in a separate agreement. 5. CONSULTATION WITH OTHER GOVERNMENTAL ENTITIES. The parties have been consulting with the appropriate officials of Eagle County, Colorado (County), the Western Eagle County Metropolitan Recreation District (WECMRD), the Berry Creek Metropolitan District, and the Edwards Metropolitan District regarding the parties' joint development of the Property. The parties agree to continue with such consultations and agree to cooperate with other governmental entities to ensure compliance with Colorado law and the applicable rules, regulations and policies of such entities to the extent that such rules, regulations and policies are applicable to the parties as political subdivisions of the State of Colorado. 6. BOUNDARY LINE CONFLICT. As shown on Exhibit A, the parties acknowledge that there is a conflict between the Authority's easterly boundary line and the District's westerly C_'CUE NYSIElECSOUGA•£ACLE CY REC & DISTRICT•FINAL OF 10.000 2 bourn line which will be resolved at the tithe District conveys portions of Pard' and 3 to the Authority. 7. ACREAGE, USE AND OWNERSHIP. The Parties agree that their respective parcels of real property which total approximately 214 acres will be subdivided into 13 separate parcels as described below: Parcel Approx. Acres Anticipated Use Present Ownership Future Ownership A 25.0 School Facility Authority District B 11.0 School Facility District District C 12.0 Middle School District District D 14.0 Housing District District E 7.0 School Facility District District F 8.0 Alternative Use District District Road Public Road Auth./Dist. Eagle County 1 21.0 Multiple Use Authority Authority 2 16.0 Housing Auth./Dist. Authority 3 41.0 Recreational Use Auth./Dist. Authority 4 14.5 Open Space District Authority 5 22.5 Open Space District Authority 6 5.55 Multiple Use Authority Authority Total 197.5 The acreage of individual parcels are approximate and subject to refinement during the formal subdivision of the Property. The total acreage of individual parcels indicated above is 197.5 acres and the total acreage of the entire Property is 214 acres. This discrepancy is because portions of the Property, such as areas of steep slope, are not included within individual parcels, and further because the number of acres required for the Public Road depicted on EXHIBIT D has not yet been determined. The parties agree that, in the future, their respective needs may change and that, prior to conveyancing the size and configuration of the above-described parcels may need to be adjusted. In such event, and upon written request, the parties agree to negotiate in good faith concerning such matters. The parties further agree that with proper planning and design the anticipated uses of the Property are compatible. The parties agree to consult with each other prior to the development of any Parcel. The purpose of such consultation is to ensure site specific design and development is responsive to existing and anticipated uses on surrounding Parcels. Anticipated uses provide a general indication of the future use of each parcel. With the exception of use restrictions outlined in paragraphs 3.2 and 3.5 above, nothing in this Agreement shall bind each party to the anticipated uses outlined above and further described below: G"CLIENTSIESECS3 GA -EAGLE CY REC & DISTRICT -FINAL OF 10 DOC 3 Multiple Use: Open space, recreaS, equestrian center, utility facility Pother use consistent with the future needs of the Authority. Alternative Use: Education facilities, administrative offices, transit/maintenance facilities and other uses consistent with the future needs of the District. Recreational Use: Indoor or outdoor recreational facilities or programs including, but not limited to, ball fields, courts, pools, ice rinks, trails, and related facilities. Housing: Single-family, duplex, town home, condominium or apartment dwelling units subject to such conditions and restrictions as may be developed by either party. School Facility: A school which contains classrooms, offices, gymnasiums, etc.; as well as any other type of learning center, the primary purpose of which is to provide education for the citizens of Eagle County. 8. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement., including, but not limited to, the following: 8.1 Design and cost sharing agreement for the construction of Miller Ranch Road, including such Road's intersection with the Edwards Spur Road, as referenced in paragraph 4 above. 8.2 Design and cost sharing agreement(s) for the construction of infrastructure necessary to develop the Property. 8.3 Joint use agreements for athletic fields, playing fields, recreational facilities, gymnasiums and the like. 8.4 An agreement between the parties concerning irrigation operations and maintenance matters which is based upon the respective amount of ground which each party irrigates. 8.5 Agreements concerning services provided to the Property by several special districts. 8.6 The legal descriptions for the Miller Ranch Road and for all parcels. 8.7 Upon execution of this Agreement, the parties will mutually determine the scope, nature and extent of review of their development plan required by law and Eagle County regulations and will pursue the required procedures. 9. WATER RIGHTS/IRRIGATION. Each party shall retain its respective water rights independent of the conveyance of any Parcel. Nothing in this Agreement shall prevent either party from modifying the Howard Ditch, provide such modifications do not limit or adversely impact the use of said ditch by the other party. G:1CL18NTS1EIECSCAMA•EAGLE CY REC 8 D STRICT•FINA. OF 1O,OOC 4 10. •OVENANTS RUNNING WITH Te LAND. The parties agree that this 1eemerit shall be recorded; that the covenants set forth in this Agreement shall run with the land; and that the covenants set forth in this Agreement shall survive any conveyances made by one party to the other party pursuant to the terms of this Agreement. 11. CONSULTATION. The parties acknowledge that, over the term of this Agreement, issues will arise concerning implementation of this Agreement which the parties have not now contemplated. Recognizing that a high level of cooperation between the parties is necessary and desirable, the parties agree to consult with each other from time to time. concerning implementation of this Agreement and further agree that their respective representatives will meet to conduct such consultation upon ten days written request given by one party to -the other party. In addition, each party shall from time to time designate in writing such party's "contact person" for all matters involving the administration of this Agreement. 12. DISPUTE RESOLUTION. If, following the consultation required by Paragraph 11 above and good faith efforts on the part of both parties to resolve any disputes regarding this Agreement a dispute still exists, the parties agree to submit such dispute to non-binding mediation. If the parties fail to reach a settlement of their dispute within 30 days after the earliest date upon which one of the parties has notified the other party of its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to non-binding mediation by a single mediator provided by the Judicial Arbiter Group (JAG) of Denver, Colorado, any successor to JAG, or any similar provider of mediation services which is able to furnish a former judge to conduct such mediation if JAG or a successor to JAG is no longer in existence. If, following such mediation .process, the parties' dispute still exists, the parties shall have the right to pursue any other remedies provided under Colorado law. 13. TERM. The term of this Agreement shall commence on the date set forth below and shall end on June 30, 2020, or until all conveyances (including those with deed restrictions) contemplated by this Agreement whichever event occurs first. Thereafter, the parties contemplate that intergovernmental agreements addressing any remaining or ongoing management issues will be entered into between the parties. 14. ASSIGNMENT. This Agreement shall not be assigned or delegated except with the prior written consent of the parties. I5. NOTICES. 15.1 Notices. Every notice and other communication required or permitted under the terms of this Lease, shall be in writing and shall be deemed properly given if sent by registered or certified mail, postage fully prepaid, addressed to the Party to .be given such notice or other communication and, when so addressed, shall be deemed to have been properly served, valid and sufficient for all purposes hereof, 72 hours after being deposited in a United States Post Office. 15.2 Addresses. All notices and other communications to the parties shall be mailed to their respective addresses as indicated below: GACLIENT5lE1EC5011GA•EAGLE CY RFC 5 D15TRICT•PINAL OF 10.0OC 5 a. Authority: Eagle flinty Recreation Authority c/o Town of Vail 75 South Frontage Road Vail, Colorado 81657 b. District: and Eagle County Recreation Authority c/o Robertson & Marchetti, P.C. 28 Second Street, Suite 213 P.O. Box 600 Edwards, Colorado 81632-0600 Eagle County School District RE -50J Attention: Superintendent P.O. Box 740 Eagle, Colorado 81631 and Eagle County School District RE -50J c/o Daniel F. Bernard, Esq. Bernard, Lyons & Gaddis, P.C. P.O. Box 978 Longmont, Colorado 80502-0978 The parties reserve and shall have the right to change from time to time their said respective addresses for the purposes of this Agreement. Every such change of address shall be by notice in writing given in the manner described in Paragraph 15.1 above. 16. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 17. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 18. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement. 19. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 20. SEVERABILITY. If any provision of this Agreement is declared to be invalid, void or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be G.SCLIEr TS5EIECSMIGA•EAGLE CY REC 8 CISTRICT•FINAL OF 10.000 6 sever., and all other provisions of this Ailment shall remain fully enforceabl Ind this . Agreement shall be interpreted in all respects as if such provision were omitted. 21. DATED. , 1999. EAGLE COUNTY SCHOOL DISTRICT RE -503 By President, Board of Education P.O.Box740 Eagle, Colorado 81631 970) 328-6321 970) 328-1024 (Fax) ATTEST: Secretary EAGLE COUNTY RECREATION AUTHORITY By President 75 South Frontage Road Vail, Colorado 81657 970) 949-4020 970) 476-7325 (Fax) ATTEST: Secretary G.%CLIENTS\E1ECSD\IGA•EAGLE CY REC 8 DISTRICT•FINAL OF 19.DOC 7 STIIIE OF COLORADO ) COUNTY OF EAGLE ) The foregoing Agreement was acknowledged before me this day of 1999, by , as President, and by Secretary, of the Board of Education of Eagle County School District RE -50J. Witness my hand and official seal: My commission expires: STATE OF COLORADO ) COUNTY OF EAGLE Notary Public as The foregoing Agreement was acknowledged before me this day of 1999, by , as Chairman, and by as Secretary, of Eagle County Recreation Authority. Witness my hand and official seal, My commission expires: G,\CLIENTSNE\ECSO IGA-EAGLE CY REC d OfSTRICT-FINAL OF 1U.DOC Notary Public 8 e EXHIBIT c TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT Gry_- .. _. G.10ca-e: -._ Scut'-. 1/2 C= Sc: ^ n 2 eant r1,7- L.-- r 1/2 C= Cir O= 4,Townshio 5 COs -.r Rance 82. i`IS_ v_7- Mer=c.EaCe Co.-yColorado , rc 7 -..a -"--'=-,y C ---.SC" _ tea NOr.._:e_1 V ?= CF-Wa' C= a-. - e'" Ra__=OcC. and c' _- a.'I?; G:=.r.. -.O G='c.._... v`ir.. r3TCSouthwest. CO•e« O_ Car--'i^;+ e ^.. e, - .=-' Ci. 3 _rcm which __. C _ C a ees'25' 43" W 688.56 fee:; rwaaS5G_ - „ Wes: e of e.Cc_C% 3 a.... a_n Sa d,-ta ' nc ".--OTS L.:' - Q -1"^t c- 37'36° i__= =-yam- a-``- C^. O t":e jiQ = e=_V ci-t J - i C e . _ Y• nn 1 a arc l 4c=_; 5 Ce ^_n„'- c', C'^ _--- a Ce 4ri G =c- Of 11 th a radius G _ i _ . i 9 . -ee .. and Gr-_aa.vS-47'00"; _ ^ r = vow ^ a col . O. the ec-e=, q 50'3..S" - 2710.571 t c 1_,..--lin oL'` : v y Wes: 1/2 C- Car- Cn _ 2; 00 decrees . j7 w o: e `cems z'=; ?Ccc.. 5 9999.. ..., - t--- 47.32 f e.. - ,' e 1. r_r .+ c -' '+, G N.",. c n c ' n e ..i +.` r e —vv ue ar L. _-V V._ 559'9' 4111 7 '707.34 . T-.ne^ I r k a"^. C117 3 _`-='.. h -?arc - r?y_US o' 1 -S2 ., 0a swan d a^central a: C_.^.e o 03 r._,-- ` // y - to the Nc er1 y Richt-of-Wayay L 2 I} ` ' ... J:l lll-:'9999 L s _ to _ ...- - , yGr- -ca: and t he Scu te- ' y R'cht-Cf -Way c f interstate. 70; 7 e-4G. A Car-_: C ,=--cm :^W p.-...41-3-. `-V `. ^--ria 1r a= iccco - ntinunc along the interstate 70 Richt-Of.-Way S 58 cC: e=. s W 703 20 zee+, 20 4 .e revs 37'21" iiW 300.70 -_aa-i 29 1 W 111.50 feet; th 5 _ 26'31" W 700.00 fee:. C d.-raes 59'01" W 304.10_ea_, C /7 N 87 tree '-I" ;N 8-3 C0 feet; c ce N 8 ! Cer- r¢as 57'59"-W _53 .50 _ee:r. - = CCa.-.1'n =Crit G.^_ arc ni. L O. 5'. hence Y1 C c a c,i-v- to t na C_p :-_ decrees radius of 2441.80 fee: a a central 6'01" - ice, igtl W 30 .,W= -r e::ce N 73 decrees 3J 2._80 _ thence ii degrees 20'29" iN _363 .20 _:nen, N 66 decrees 18'29" W 367.50 _eez fie 5999 . ... J «. -. t = 1 C t -: O 132.37 ' e...CE a_o c a curve to the _ ,-4cht arc - 1 ..,.- i a 3 6"" -ms's n r c e s....- C - w a ;aCL.s C _ 1787.00 - d_-- a Continued on next pace Page 1 of 7 EXHIBIT C TO MILLER RANCH -BERRY CREEK INTERGGOVERN,MENTAL AGREEMENT 13'5,":0 --_ es: _,._- ' the East _!2 c ce^a - -_cm:.:__nterstate 70 . c._-c=-Wav , and cc..._ui.c a_c•- `r -:a center section line 01 d. c eeS 5.' 0 " 'W re,C section line 6 n ens_ 0.=.' r _' r E 76 .= 3y= e"_; 07 G"r yes` W 1109.48 feet; no' a.. ..._V- tor. _:.ez an arc 1e 8th Q- 60.700 few... W_ - G-.,...... .. of +' .".,C ti feet aacentral a .ale cf 0.. L.=_rr s 5E113" :c a DC:.___ ._ the west'line of the ^Eas` 1/2 cf Sectio. 4; o "e ca- s ^- cr lire S 0 decrees 23'01" W 5`G t=.._t a cc_._cn e_^_-40_` e,=Y Right -of -Way of The_ G,_.ce Wes:__:: Ra . r ad Rich--of-Way; 4 ::_ ,s.,-tian Tire and contiZL:.in G . Ncrtheriv ?a__rca. Ri __-C=-Wav along a curve tc _I:e c of 800.23 =ce: w radius cf 185..6E ;ee- a:..cle cf 24 G_"'ee5 39'08"; G^...._..._y l 36y-'ecrees 37'3E" _ 1977.70 feet to a paint on the East c? L... c._O:'c. G.,.. th=, Ra___cac « ' C t -of C_ decrees 5 50.15 fee: =c 77'h Point Of Secinninc. X..._7 - _,t.., -777.=.-.=:1-..CM t.."SH=ON TRA= located in the s:: -e5= Q'arz' ecf '114C'-' 3, an.. the Southeast Quarter cf c=--- '— 4, -cw ;5. __ 5 Scut_., R_nce 82 west of he S-= r Me"_ Sac, e County, Colorado, mare Da,ticC '_ac!y s-- '.-.4,' as 'allows: EeC' i C a: b=ass ca =r^•,% w: ' c! ' e Southeast C:= ter cf `a, cn c years S 01 c-- s Qf€ '' 2,041.07 feet; thence 89 d.-ees ';7'27° W 59.50 zee: t.at a cat; N 02 d. ,---.. s 13'18' 5 60.02 zee: to a Ic asst cap; N 89 dacr=.es 42'25" E 59.23 =e.?t t0. a brass -cap; _ n- c 02 C•''" C.=e5 04' 0E" W59.82 e. et To The Pcr'nt•CD= 17qC -'l.• E =iN 71----47F?OY. "CE.' =-7R " ccatec in l..?e Slouwest Q'.:arte_ Ct Via,._ ., : 3 , a ::.. : e Southeast Qu' arse, cf C - - i c-,' .. Tcwnshic 5 Scut, Rance 82 nes: of the Sixt.= c` ^a1Me_' d an Eac e C.c ._'_v , yCol Craac, rcwe Da=t_cu! ar y Ceic:: eG as =c'! ows . Ilec4 r_ _n az a fence __a,:. wh ' h the Cc e, cf Sectio _ 4 hears S C. G'_-s 22'18" W 915.22 feet; fence l N 02 de&rees 25 r E2 rr 402.42 fee: Page 2 of 7 EXHIBIT c TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT o a e •-• a r 7 ^ 1 C . I8v .. .. .. thence 5 02 Gn''"ngS 21'29" W .34 eec Cc a o a 4©, AGNo=y-•-nGs 43'8E" W1t .36 ae Tc -7,h= 777.77-1-7-7R-_. 1'......- - .. `. . THE G =- 1.7. . T rhe -Ease=?_io- Pia: recorded 9epc_=ber 21, 1994, ac,.c-1.7. o `,, r tic. 45 98 Svok 650, a: Page 659, as :t ptic . Q_ rce - C . _ r- ed i r -:,e 5o ^. - /2 cf far-= Q+i 4, M a ' 5 -South 'Ce 82 'Nes`. Q` ; at SixtPra c: Gl _ ' Co 1 cr- o, more particularly descr e cie County, as -..-.cSti . c_ thg, est ? _: e cy q'''4017 n on t_r:a 3a . a, ' e w^ver ..rom w:,3Ci- t: e ScL C eases. Corer cf C-^__ a ;{ ea `:'S 07 d crees 25'4";" W 372.44. _ea-; a.+ 1c CJ the Scup.:- `B'aak cf the Eaci e River N 74 Gar s 05100" i'•f 133.6= ee ; o^ceC 6 ,---$ 20'00" W 119.00 F=1"; V.. pr`e 5 ` C•=rY'SGs 45'00" W. 221.40 =ge'-; thence Cnr-.-ry^'-C from the Sc_':.:Sank cf the Eac1 e River 21 decrees 10'24 W 75.00 feet; thga`a 5 74 decrees 5E/36" FY 159.94 feet; encs N 14 decrees 25,24" W 110.20 feet; that e ;T 77 Cec;ees 7'35' Y 145.00 :ee-; . t-- thence 20 17'2=" W 73.10 fee: to a cit cm the 5cut-. a ^i;, -e_ -Play cf 'The Deaver and Rio Grande Wester"'' Raiff cam; degrees 37'3o'uthenceaicyC' the Railroad Right-cf-Way N 86 deg_ 72 fees. to a Doi.-.. o, the East line of Section 4; th-n^ a D t i C y: a Ra^, =ca= : t-c--'V•Ia'v' and ; C:.`. . me G t e East -1 .'...i-ec fC• 4 5 01de_rees 25'43" W 16E-59 tea= landd ! cc...:ed _-- the South 1/2 7 Section 3, ow'nshiP Rance- 82 Wes: cf t:_. S_:C'-- firm a JtMeridia-! , Cade Dada Page 3 of 7 EXHIBIT C TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT Ccloracc, Ga~ bed as fc__cws . ci .4 c-• a.: 5 u_he_! v Richt-Of-Way of _ _e C ...a=_rear and on tz' r _ ^a:::{ of Cc:. Gv..: _. Y S.:thwesz. Corney o= Cir' C n 3 v_ c -r 1C : --,•'a- 23' .. E" W 500.52 feet; 7 ~may ^' n -of-Wav N 66 decrees cn- 27• '26" E 6.0 . 63 c feet; va_e C . ^ left an a_ '_": t le C- - 609 . ,y cf 29G4.79 feet and a ceC_a_ ancie yc~'ees 47' 00" ; N 74 -rias 50'36" E 205.3.52 .o a to_.,.. cn n, h_ - e West . e^. : i:: as- 1/4 Sect_c - 3; a_- c:Cr seCc_C1"= N 00 G -C=s 45' II 7 gg CZ ape....; _ CC::- .: . :'-.. rc .e a .- a•- sect=c% 1'i r.e arc. - . L c . C Ra rc d - '-c. .P(aV^N 7= 48'41" E 235.93 erG oy 444.01 n- a cu. -v.. tc =_ an arc -- - c_ 1752.60_;et and a centras anc`e cf 19 a=" ----.,s 2r 0 II a-. n a ^7'—"va cc r .- '. . an arc. z - 4 then a rad" Ys c= 5. , 9 . 70y- eet and a ce _c=a1 a: c 1 e oc 03 ypG-_ J rY_ ..-. G 3011 . _ s c a / ,? 4- e richt a.• a r C 7 e; C ,•, .^ c_ 715.25 a _ce ._c. C a _ __ 20 s o Y905 0 ee aid Ce^. Crag a lcie c'_ ti.. 2C 3" cam cin the West linene ate. the `East 1/2 ar+vaaC -.2' `-c a ... .. ..- .. Southeast 1/4 Sec~_c n 2; n e d art±. "rem e P.- ~'^a Right -et -Way and c n _ , 4r s _e c_ the East 1/2 Southeast 1/4 C^:=_cr. 3 a 00 y -- ! 2. 00 zee: o `.-^.e NorC,; 3a_nk of q=1- 4 Cn 3 S decrees 27'59" W 1e I e R ver , Sciu S` t - e . cap-- arcn_ f ' rc,,: _e rlesz 147.= cfth "asp. 1/2 e Sect4 e 3 and~cc._=_n:-i_C along theNorth Ea?LC cf the Eagle vnr N 59 Car-•aas 45'46" 17'43" 46" ',;i 193.28 -eez; • 1y'60 Gar 17' 43" Snj 196.15 feet; 5 65 C'ac- =e"S 21'49" W 41_.02 Fee=; e _ce S 69 55'22" W 254.10 feet; N 75 decrees 51'32" W 102.35 fee-; 5 22 decr==s ^Ell W 326.27 feet; d _e 5 55 decrees 44'10" W 255.99 `n'; N 04 cede=_s 5.9'42" W 432.05 tee` ; Scre ; W : ^_'_ . 6175CaS Con l I:e • C:1 :;ex= pa Je Page 4 of 7 EXHIBIT C TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT N 79 de; ee5 86- 24106" W 54").07 5€'14'i W ;17._7 49'25" W 242.25 -ear; ce e 71 decrees 35'56" W 232.12 fee-_, E djcr eS 051 32" W 2:12.04 = fee`.To R'';.J 7N , a ._v`-e:[o==s' a er;etua'_ ease en: rover, along and across j ex : `t " ...c road, coii.non Y known as "Graveyarda _d Road, be" --g e ess__.a -,C -_ Creek Ranch, Piing No. 2, passing under and a w.s:nw Road _= Berry ' throL g the i _te state 70 right o way, and coC:C_nuig _mow` southerly e of :He eastern boundary line of the Green Tract, acid the extension L ` 1_ g between such road and the Green Tract for access and utility 52r-i-ce ,.o t.^.? Green Tract. COUNTY OF . OGLE STATE OF COLORADO Page 5 of 7 EXH•rc TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT NOR TE? PARCFJ.: That partion of the 200 foot wide rigrt-of-way of Southern Pacific Transportation Company located in the Southwest Quarter of Section 3, Township 5 South, Range 82 West of the Sixth Principal Meridian, Eagle County, Colorado, being more particularly described as follows: Beginning at a point on the west line o: said Southwest Quarter of Section 3, from which the southwest corner of Section 3 bears S 02°04'33" W, 638.40 feet, said point being 50.00 fee: northerly, measured at right angles frorn•the center line of Southern Pacific Transportation; Company's main t=ack; thence N 02°04'33" E, along said West line of the Southwest Quarter of Section 3, a distance of 50.18 feet to the northerly right-of-way line of said 200 foot wide right- of-way; thence departing said West line and easterly along said northerly right-of-way line, being parallel and concennic with and distant 100.00 feet northerly, measured at rigs t anffles and radially from said center line, the courses and curvarure of said northerly right-of-way line as follows: N 87°16'26" E, 122.10 feet; 568.60 feet along the arc ofa curve to the left, having a radius of 2764.79 feet, a central angle of 11°47'00", and a long chord which bears N 81°22'56" E, 567.60 feet; and N 75° 29'26" E, 2110.57 feet to the east line of said Southwest Quarter of Section 3; thence departing said northerly right-of-way line, S 01°24'49" W along said east line, 52.00 feet to a line that is parallel and concentric with and distant 50.00 feet northerly, measured at right angles and radially from said center line; thence departing said east line and westerly along last said parallel and concentiic line, the courses and curvature thereof as follows: S 75°29'26" W, 2096.31 feet; 573.88 feet along the arc of a curve to the right, having a radius of 2814.79 feet, a cental angle of 11°47'00", and a long chord which bears S 81°22'56" W, 577.86 feet;. and S 87°16'26" W 126.30 feet to the Point of Beginning. This parcel contains 3.216 acres, more er less. Page 6 of 7 EX I IT C MILLER RANCH -BERRY CREEK "INTERGOVERNMENTAL AGREEMENT SOOT— oARC-7.a: portion: the 200 foot wider ?nt-c way of Southern Pacific Tran spertationTharrc Company located in the Southwest Quarter cf Section 3, Township 5 South, Range 82 West of the SIxth Principal Meridian, Eagle County, Colorado, being, more particularly described as follows: Beginning at a point on the west line of said Southwest Quarter of Section 3, from which the southwest corner of Section 3 hears S 02°04'33" W, 487.86 feet, said point being 100.00 feet soot he: ly measured at rlg t angles from the center line of Southern Pacific Transportation Company's main track; thence N 02°04'33" E along said west line of the Southwest Quarter of Section 3, a distance of 50.17 feet to a line that is parallel and concentric with and distant 50.00 feet southerly, measured a: right angles and radially from said center line; thence deparina said west line and easterly along said parallel and concentric line, the courses and curvature thereof as follows: N 87°16'26" E; 134.70 feet; 599.45 feet along rhe arc of a curve to the left, having a radius of 2914.79 feet, a central angle of 11°47'00", and a lona chord which bears N 81°22'56" 598.39 feet; and N 75°29'26" E, 2067.73 feet to the east line of said Southwest Quarter of Section 3; thence departing said parallel and concentric line S 01°24'49" W along said east line 52.00 fee: to the southerly right-of-way line of said 200 foot wide right-of-way; thence departing said est line and westerly along said southerly right-of-way line, being parallel and concentric with and distant 100.00 feet southerly, measured at right angles and radially from said center line, the courses and curvature of said southerly right-of-way line as follows: S 75°29'26" W, 2053.51 feet; 609.73 feet along the arc of a curve to the right, having a radius of 2964.79 feet, a central angle of 11°47'00", and a long chord which bears S 81°22'56" W, 603.66 feet; and S 87°16'26" W, 138.90 feet to the Point of Beginning. This parcel contains 3.216 acres, mere or less. Page 7 of 7 i EXHIBIT E TO MILLER RANCH -BERRY CREEK INTERGOVERNMENTAL AGREEMENT For the reasons noted in paragraph 4, this Exhibit E will not be able to be prepared until the parties determine the exact location and legal description of the easeme f t,