1992-05-09 Special Warranty Deed Wildwood Townhomes449117 R -552 P-980 1- „130,/91 16:34 PC 1 OF PEC
JOHNNETTE PHILLIPS t, .LE COUNTY CLERK, COLOR14DO, 5.00
SPECIAL WARRANTY DEED
THIS DEED, Made this day of March '1991 ,
between THE HOUSING AUTHORITY OF THE TOWN OF AVON, also
known as Town of Avon Housing Authority, a body corpora
and politic
1009PQ00AyZuly organized and existing under and by virtue of the laws of the State
Of Colorado , grantor, and
TOWN OF AVON
whose legal address is P. 0. BOX 975, Avon, Colorado 81620
of the *County of Eagle , State of Colorado, grantee(s):
DOC
0`-00
WITNESSETH, That the grantor, for and in consideration of TEN DOLLARS and other good and
vaulable consideration-------------------------------------------------- ->yamm
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey, and confirm, unto the grantee(s) its )QARAYt successors and assigns forever, all the real property, together with improvements, if any,
situate, lying and being in the County of Eagle State of Colorado,
described as follows:
Lots 5 and 11, Block 5, Wildridge Subdivision, County of Eagle
and State of Colorado
atsc-itnmvnty- Stret- arid- nmTtba as-
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor,
either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), i t S may,
successors and assigns forever. The grantor, for itself, its successors and assigns does covenant and agree that it shall and will WARRANT AND
FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee(s), i t S XcXsuccessors and assigns,
against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor.
IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its
President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day and year first
above written. THE HOUSING AUTHORITY OF THE TOWN
Attest: OF AVON, also known as TOWN OF
5, vuwvk- ,
Secretary
AVON HOUSING AUTHORITY
By t
President
STATE OF COLORADO
County of Eagle
ss.
The foregoing instrument was acknowledged before this 30th day of M6/.CiCA April ,19 91 ,
by Rick Pylman as president and secretary as President
and Secretary
a THE HOUSING AUTHORITY OF THE TO O VON , kn w as TOO corporation.
O.F AVON. HOUSING UT IQ TY.
My commission expires May , 1 yy 7
Witness my hand and official seal.
Notary-46ibix
If in Denver, insert "City and.”
No. 16B. Rev. 12 -85. SPECIAL WARRANTY DEED (Corporation) Bradford Publishing, 5825 W. 6th Ave., Lakewood, CO 80214 — (303) 233 -6900 6.86 F`::)
in
in
C11
Form No. 1402 (6/87)
ALTA Owner's Policy
Schedure A
File No. 304487 -0
Amount of Insurance$ 1,460,000.00
SCHEDULE A
Policy No. D 747546
Premium$ 2,656.00
Date of Policy May 7, 1991
a.m.
at 12:41 P.M. p.m.
1. Name of Insured:
TOWN OF AVON, a Municipal corporation
2. The estate or interest in the land which is covered by this policy is:
FEE
3. Title to the estate or interest in the land is vested in:
TOWN OF AVON, a Municipal corporation
4. The land referred to in this policy is described as follows:
THE LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED HERETO
AND BY THIS REFERENCE INCORPORATED HEREIN AND MADE A PART
HEREOF.
Form Flo. 1056 -4 -C (CO -87)
Order No. 304487
SCHEDULE C Policy No. D 747546
The land referred to in Schedule A is situated in the State of Colorado, County of Eagle
and is described as follows:
Lots 5 and 11,
Block 5,
WILDRIDGE SUBDIVISION
Form No.'1402 -C
ALTA Standard Policy
Western Region Order No. 304487 -0
Rev. 9/87) Policy No. D 747546
1987
Colorado Only
SCHEDULE B
PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
Section One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which
could be ascertained by an inspection of said land orby making inquiryof persons in posses-
sion thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public
records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other
facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished,
imposed by law and not shown by the public records.
Section Two:
7. Right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent recorded November 23, 1949, in
Book 134 at Page 524.
8. Reservations of all the coal and other minerals in the land together with the
right of prospect for mine and remove the same pursuant to the provisions and
limitations of the act of December 29, 1916, as reserved in document recorded
November 23, 1949, in Book 134 at Page 524.
9. Restrictions, which do not contain a forfeiture or reverter clause, but
omitting restrictions, if any, based on race, color, religion or national
origin, as contained in instrument recorded July 12, 1979, in Book 288 at Page
123, as amended by instrument recorded June 2, 1980, in Book 303 at Page 465,
and as amended October 8, 1981, in Book 330 at Page 77, and September 14,
1982, in Book 345 at Page 844.
10. Terms, agreements, provisions, conditions and obligations as contained in
Subdivision Improvements Agreement, recorded July 12, 1979, in Book 288 at
Page 125.
11. Utility and drainage easement ten (10) feet in width are reserved along each
side of every back lot line of every lot line in the subdivision. In
Continued)
Order No. 304487 -0
EXCEPTIONS - continued
Policy No. D 747546
addition, utility and drainage easements seven and one -half (7 1/2) feet in
width are reserved along each side of every lot in the subdivision not
fronting on a dedicated street or road as reserved on plat recorded October
8, 1981, in Book 330 at Page 78.
12. Easements 10 feet in width are reserved along each side of every public
roadway for slope maintenance drainage and snow storage and restrictions as
notated on the final subdivision plat for Wildridge.
13. Building setback requirements and developable area within lots as
designated on the final subdivision plat of Wildridge.
14. Easement and right of way for constructing, repairing, operating and
maintaining purposes, as granted by Block 5, Ltd., a Colorado limited
partnership to Ute Electric Association, Inc., a Colorado corporation by
instrument recorded October 26, 1982, in Book 347 at page 710, said
easement being more particularly described therein.
15. Easement and right of way for ingress and egress purposes, as granted by
Block 5, Ltd., a Colorado limited partnership to Wildridge Development
Company, a Colorado partnership by instrument recorded January 3, 1983, in
Book 351 at Page 370, said easement being more particularly described
therein.
16. Utility and drainage easements as shown on the Plat of said Subdivision,
said easements being 121 along the Southerly lot line of Lot 5.
17. Common access and utility easement as shown on the Plat of said subdivision
said easement being 301 along the Northerly lot line of Lot 11.
18. One hundred foot Colorado Ute electrical easement as shown on the Plat of
said subdivision said easement being over and across the Northerly portion
of subject property.
19. Resolutions between the Town of Avon and Wildridge Development Company
recorded October 8, 1981 in Book 330 at Page 79, January 20, 1982 in Book
335 at Page 112, January 14, 1983 in Book 352 at Page 29, and May 29, 1984
in Book 386 at Page 342.
20. Any and all unredeemed tax sales.
21. Deed of Trust from Town of Avon to the Public Trustee of Eagle County for
the use of Chrysler Capital Public Finance Corp., to secure $1,460,000.00,
dated April 1, 1991, and recorded May 7, 1991, in Book 553 at Page 329.
NOTE: Security interest under the Uniform Commercial Code affecting
Continued)
Order No. 304487 -0
EXCEPTIONS - continued
Policy No. D 747546
subject property, notice of which is given by Financing Statement, from
Town of Avon, Colorado, a Municipal corporation, debtor(s), to Chrysler
Capital Public Finance Corp., secured party, recorded May 7, 1991, in Book
553 at Page 330.
Form No. 1065 (6/87)
ALTA Loan Policy- Form 1
Schedule A
File No. 304487 -M
Amount of Insurance $
1, 460, 000.00
SCHEDULE A
Policy No. C- 1512739
Premium $
50.00
Date of Policy May 7, 1991 am.
at 12:41 P.M. P.M.
1. Name of Insured:
CH RYLSER CAPITOL PUBLIC FINANCIAL CORP.
2. The estate or interest in the land which is encumbered by the insured mortgage is:
FEE
3. Title to the estate or interest in the land is vested in:
T0WN OF AVON, a Municipal corporation
4. The insured mortgage and assignments thereof, if any, are described as follows:
Deed of Trust from Town of Avon to the Public Trustee of
Eagle County for the use of Chrysler Capital Public Finance
Corp., to secure $1,460,000.00, dated April 1, 1991, and
recorded May 7, 1991, in Book 553 at Page 329.
5. The land referred to in this policy is described as follows:
LEGAL DESCRIPTION SET FORTH ON SHEET ATTACHED
HERETO AND BY THIS REFERENCE INCORPORATED HEREIN
AND MADE A PART HEREOF.
Form.No. 1066 -4 -C (CO-87)
Order No. 304487
SCH EDU LE C Policy No. C 1512739
The land referred to in Schedule A is situated in the State of Colorado, County of Fag I L-
and is described as follows:
Lots 5 and 11,
Block 5,
WILDRIDGE SUBDIVISION
Form No. 1402 -c Order No. 304487 -0
ALTA Standard Policy
Western Region Policy No. C 151273
Rev. 9/87)
1987
Colorado Only
SCHEDULE B
PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys'
fees or expenses) which arise by reason of:
Section One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which
could be ascertained byan inspection of said land orby making inquiry of persons in posses-
sion thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public
records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other
facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the
issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished,
imposed by law and not shown by the public records.
Section Two:
7. Right of way for ditches or canals constructed by the authority of the United
States, as reserved in United States Patent recorded November 23, 1949, in
Book 134 at Page 524.
8. Reservations of all the coal and other minerals in the land together with the
right of prospect for mine and remove the same pursuant to the provisions and
limitations of the act of December 29, 1916, as reserved in document recorded
November 23, 1949, in Book 134 at Page 524.
9. Restrictions, which do not contain a forfeiture or reverter clause, but
omitting restrictions, if any, based on race, color, religion or national
origin, as contained in instrument recorded July 12, 1979, in Book 288 at Page
123, as- amended by - instrument recorded June 2, 1980, in Book 303 at Page 465,
and as amended October 8, 1981, in Book 330 at Page 77, and September 14,
1982, in Book 345 at Page 844.
10. Terms, agreements, provisions, conditions and obligations as contained in
Subdivision Improvements Agreement, recorded July 12, 1979, in Book 288 at
Page 125.
11. Utility and drainage easement ten (10) feet in width are reserved along each
side of every back lot line of every lot line in the subdivision. In
Continued)
Order No. 304487 -M
EXCEPTIONS - continued
Policy No. C 1512739
addition, utility and drainage easements seven and one -half (7 1/2) feet in
width are reserved along each side of every lot in the subdivision not
fronting on a dedicated street or road as reserved on plat recorded October
8, 1981, in Book 330 at Page 78.
12. Easements 10 feet in width are reserved along each side of every public
roadway for slope maintenance drainage and snow storage and restrictions as
notated on the final subdivision plat for Wildridge.
13. Building setback requirements and developable area within lots as
designated on the final subdivision plat of Wildridge.
14. Easement and right of way for constructing, repairing, operating and
maintaining purposes, as granted by Block 5, Ltd., a Colorado limited
partnership to Ute Electric Association, Inc., a Colorado corporation by
instrument recorded October 26, 1982, in Book 347 at page 710, said
easement being more particularly described therein.
15. Easement and right of way for ingress and egress purposes, as granted by
Block 5, Ltd., a Colorado limited partnership to Wildridge Development
Company, a Colorado partnership by instrument recorded January 3, 1983, in
Book 351 at Page 370, said easement being more particularly described
therein.
16. Utility and drainage easements as shown on the Plat of said Subdivision,
said easements being 121 along the Southerly lot line of Lot 5.
17. Common access and utility easement as shown on the Plat of said subdivision
said easement being 301 along the Northerly lot line of Lot 11.
18. One hundred foot Colorado Ute electrical easement as shown on the Plat of
said subdivision said easement being over and across the Northerly portion
of subject property.
19. Resolutions between the Town of Avon and Wildridge Development Company
recorded October 8, 1981 in Book 330 at Page 79, January 20, 1982 in Book
335 at Page 112, January 14, 1983 in Book 352 at Page 29, and May 29, 1984
in Book 386 at Page 342.
20. Any and all unredeemed tax sales.
Form No. 1178 (6/87)
ALTA Construction Loan Policy
Form 1
Schedule B- Part)l
N,
Order No. 304487
SCHEDULE B Policy No. C 1512739
PART II
In addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the land
described or referred to in Schedule (A) is subject to the following matters, if any be shown, but the Company
insures that these matters are subordinate to the lien or charge of the insured mortgage upon the estate
or interest:
Security interest under the Uniform Commercial Code affecting subject
property, notice of which is given by Financing Statement, from Town
of Avon, Colorado, a Municipal corporation, debtor(s), to Chrysler
Capital Public Fianace Corp., secured party, recorded May 7, 1991, in
Book 553 at Page 330.