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02-05-1993 TOA v. Sec 36,IncLAW OFFICES DUNN, ABPLANALP & CHRISTENSEN, P.C. A PROFESSIONAL CORPORATION JOHN W. DUNN ARTHUR A. ABPLANALP, JR. ALLEN C. CHRISTENSEN LAWRENCE P. HARTLAUS DIANE L. HERMAN SPECIAL COUNSEL: JERRY W. HANNAH Mr. Gary Stevens P.O. Box 1918 Avon, CO. 81620 Dear Gary: VAIL NATIONAL BANK BUILDING SUITE 300 108 SOUTH FRONTAGE ROAD WEST VAIL, COLORADO 81657 February 5, 199 yn FED 1393 TOWN OF AVON Re: Town of Avon v. Section 36, Inc. TELEPHONE: (303) 476 -7552 TELECOPIER: (303) 476 -4765 Enclosed is the signed Order directing distribution of the $1,000.00 which is currently in the court's registry to you. Should you have any questions, please call. Yours very truly, DUNN, ABPLANALP & CHRISTENSEN, P.C. Diane L. Herman Enc. / cc: Mr. James RECEI'.'E0 FEB k s'd............ IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO Case No. 92 CV 217 ORDER FOR DISTRIBUTION OF FUNDS THE TOWN OF AVON, a municipal corporation, Petitioner, SECTION 36, INC.; COLORADO NATIONAL BANK OF DENVER; and SHERRY BRANDON, Treasurer and Public Trustee for the County of Eagle and State of Colorado; Respondents. THIS MATTER having come before this Court upon the Petitioner and Respondent- Landowner's Motion for Distribution of Funds; and the Court being fully advised; IT IS HEREBY ORDERED: That the $1,000.00 previously deposited with the Registry of this Court be distributed to the authorized agent Gary Stevens, for the Respondent- Landowner, Section 36, Inc. DONE this �` day of 1993. BY THE COURT: /5! Wm. L JONES District Judge IN THE.DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO Case No. 92CV217 ORDER OF POSSESSION TOWN OF AVON, Petitioner, VS. SECTION 36, INC.; COLORADO NATIONAL BANK OF DENVER; and SHERRY BRANDON, as Treasurer and Public Trustee of the County of Eagle and'State of Colorado; Respondents. THIS MATTER comes before the Court on motion for an order authorizing the Petitioner to take possession of and use the property described in the petition in condemnation. The Court having considered evidence with regard to the value of the property to be taken and the necessity for the taking of possession of the property; FINDS that possession of the subject property is necessary for project of the Petitioner; that possession shall be effective as of the date indicated below; that any disturbance of the possessory or proprietary rights of the Respondents is needful and necessary and in the public interest; and that the sum of $1,000 is sufficient for Petitioner to pay unto this Court as a deposit for the benefit of the Respondents until compensation is finally ascertained for the taking of the property described in the petition. IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that upon deposit of the sum set forth above into the registry fund of this court, and subject to any conditions set forth herein, the Petitioner and its contractors, agents, servants and employees shall have the right to take possession of and use the property, including but not necessarily limited to, making cuts and fills thereon and taking and using and adding to any and all earth, stone, gravel and timber for construction and maintenance purposes, all during the pendency of and until the final conclusion of this proceedings. These rights shall be valid against each Respondent and its, his, her, or their successors, assigns, heirs, devisees, and personal representatives, and all persons claiming any right, title or interest in and to said property, by, through, or under said Respondents. IT IS FURTHER ORDERED that the property described in Exhibit A attached to the Petition in condemnation shall become exempt from taxation on the date of possession by the Petitioner as long as the same is used for road or other public purposes. IT IS FURTHER ORDERED that Respondent, Section 36, Inc., shall be authorized to withdraw the deposit of $1,000 provided that consent to such withdrawal is given by any remaining Respondents entering an appearance herein. Pending such withdrawal, the amount thereof shall be deposited by the clerk of this Court into an interest bearing account. DONE this 15th day of July, 1992. BY THE COURT: Distr' t udge t IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO Case No. 92CV197 ORDER OF POSSESSION TOWN OF AVON, Petitioner, VS. WILDWOOD INVESTMENT COMPANY, a partnership; HOLY CROSS ELECTRIC ASSOCIATION, INC. INTRAWEST MORTGAGE COMPANY; and SHERRY BRANDON, as Treasurer and Public Trustee of the County of Eagle and State of Colorado; Respondents. THIS MATTER comes before the Court on motion for an order authorizing the Petitioner to take possession of and use the property described in the petition in condemnation. The Court having considered evidence with regard to the value of the property to be taken and the necessity for the taking of possession of the property; FINDS that possession of the subject property is necessary for project of the Petitioner; that possession shall be effective as of the date indicated below; that any disturbance of the possessory or proprietary rights of the Respondents is needful and necessary and in the public interest; and that the sum of $17,534 is sufficient for Petitioner to pay unto this Court as a deposit for the benefit of the Respondents until compensation is finally ascertained for the taking of the property described in the petition. IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that upon deposit of the sum set forth above into the registry fund of this court, and subject to any conditions set forth herein, the Petitioner and its contractors, agents, servants and employees shall have the right to take possession of and use the property, including but not necessarily limited to, making cuts and fills thereon and taking and using and adding to any and all earth, stone, gravel and timber for - construction and maintenance purposes, all during the pendency of and until the final conclusion of this proceedings. These rights shall be valid against.each Respondent and its, his, her, or their successors, assigns,-heirs, devisees, and personal representatives, and all persons claiming any right, title or interest in and to said property, by, through, or under said Respondents. IT IS FURTHER ORDERED that the property described in Exhibit A attached to the Petition in condemnation shall become exempt from taxation on the date of possession by the Petitioner as long as the same is used for road or other public purposes. IT IS FURTHER ORDERED that Respondent, Wildwood Investment Company, shall be authorized to withdraw the deposit of $17,534 provided that consent to such withdrawal is given by any remaining Respondents entering an appearance herein. Pending such withdrawal, the amount thereof shall be deposited by the clerk of this Court into an interest bearing account. DONE this 15th day of July, 1992. BY THE COURT: Distric Judge L A N D T I T L E G U A R A N T E E C O M P A N Y Representing Title.Insurance Company of Minnesota THANK YOU FOR YOUR ORDER May 11, 1992 Our Order No.: V18895 BUYER /OWNER: , ,/TOWN OF AVON SELLER: ADDRESS: SECTION 36, INC., A COLORADO CORPORATION TRACT Y BLOCK 1 BENCHMARK COSGRIFF, DUNN AND ABPLANALP #300 108 S. FRONTAGE RD. W. VAIL, COLORADO 81657 1 Attn: DIANE COPIES 1 Attn: PICKED UP FOR DELIVERY AM PM COVENANTS ATTACHED YES NO FOR TITLE QUESTIONS CALL KAREN HORTH 303 476 -2251 FOR CLOSING QUESTIONS CALL zxa A L T A C O M M I T M E N T SCHEDULE A Our Order No. V18895 For Information Only TRACT Y BLOCK 1 BENCHMARK - Charges - ALTA Owner Policy $115.00 - - TOTAL - - $115.00 * ** *WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO. V18895. * * ** 1. Effective Date: May 04, 1992 at 8:00 A.M. 2. Policy to be issued, and proposed Insured: "ALTA" Owner's Policy $1,000.00 1987 Revision (Amended 1990) Proposed Insured: TOWN OF AVON 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SECTION 36, INC., A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: A PARCEL OF LAND LOCATED IN TRACT Y OF THE RESUBDIVISION OF LOT 67, 68 AND A PORTION OF TRACT C, BLOCK 1, TOWN OF AVON, EAGLE COUNTY, COLORADO, DESCRIBED IN FINAL SUBDIVISION PLAT AMENDMENT NO. 4, BENCHMARK AT BEAVER CREEK, EAGLE COUNTY, COLORADO, AND THE ROAD RIGHT OF WAY TO THE SWIFT GULCH ADDITION (A SPECIALLY PLANNED AREA) AND PARCELS 1 AND 2 THEREOF, TOWN OF AVON, COLORADO, THE SOUTH 1/2, NORTHEAST 1/4, NORTHEAST 1/4 SECTION 12, TOWNSHIP 5 SOUTH, RANGE 82 WEST, OF THE 6TH PRINCIPAL MERIDIAN AS FILED IN THE CLERK AND RECORDERS OFFICE IN BOOK 348, PAGE 296, ON NOVEMBER 5, 1982 OF EAGLE COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF SAID PAGE 1 I A L T A C O M M I T M E N T SCHEDULE A Our Order No. V18895 TRACT Y AND ON THE NORTH RIGHT OF WAY LINE OF INTERSTATE 70; THENCE SOUTH 45 DEGREES 39 MINUTES 15 SECONDS EAST ALONG THE SOUTH LINE OF SAID TRACT Y AND THE NORTH RIGHT OF WAY LINE OF INTERSTATE 70 A DISTANCE OF 508.23 TO A POINT; THENCE NORTH 43 DEGREES 05 MINUTES 44 SECONDS EAST A DISTANCE OF 125.85 FEET TO A POINT ON A NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 530.00 FEET AND ON THE NORTH LINE OF SAID TRACT Y ALSO ON THE SOUTH RIGHT OF WAY LINE OF SWIFT GULCH ROAD; THENCE 106.52 FEET ALONG SAID CURVE AND THE NORTH LINE OF SAID TRACT Y AND THE SOUTH RIGHT OF WAY LINE OF SWIFT GULCH ROAD THROUGH A CENTRAL ANGLE OF 11 DEGREES 30 MINUTES 54 SECONDS, HAVING A CHORD BEARING AND DISTANCE OF NORTH 46 DEGREES 48 MINUTES 43 SECONDS WEST 106.34 FEET TO A POINT OF TANGENCY; THENCE NORTH 41 DEGREES 03 MINUTES 16 SECONDS WEST CONTINUING ALONG THE NORTH LINE OF SAID TRACT Y AND THE SOUTH RIGHT OF WAY LINE OF SWIFT GULCH ROAD A DISTANCE OF 364.81 FEET TO A POINT; THENCE NORTH 46 DEGREES O1 MINUTES 43 SECONDS WEST CONTINUING ALONG THE NORTH LINE OF SAID TRACT Y AND THE SOUTH RIGHT OF WAY LINE OF SWIFT GULCH ROAD A DISTANCE OF 14.11 FEET TO THE NORTHWEST CORNER OF SAID TRACT Y; THENCE SOUTH 52 DEGREES 19 MINUTES 28 SECONDS WEST ALONG THE WEST LINE OF SAID TRACT Y A DISTANCE OF 154.33 FEET TO THE TRUE POINT OF BEGINNING. PAGE 2 A L T A C O M M I T M E N T SCHEDULE B -1 (Requirements) Our Order No. V18895 The following are the requirements to be complied with: 1. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: 3. PARTIAL RELEASE OF DEED OF TRUST DATED January 04, 1985, FROM SECTION 36, INC., A COLORADO CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF BENCHMARK AT BEAVER CREEK, A LIMITED PARTNERSHIP AND S & G PARTNERSHIP, A GENERAL PARTNERSHIP TO SECURE THE SUM OF $1,687,500.00 RECORDED March 04, 1985, IN BOOK 407 AT PAGE 524. SAID DEED OF TRUST WAS ASSIGNED TO COLORADO NATIONAL BANK OF DENVER IN ASSIGNMENT RECORDED MARCH 4, 1985, IN BOOK 407 AT PAGE 525 AND RERECORDED JULY 13, 1987 IN BOOK 465 AT PAGE 901. MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED May 24, 1990, IN BOOK 530 AT PAGE 35. 4. WARRANTY DEED FROM SECTION 36, INC., A COLORADO CORPORATION TO TOWN OF AVON CONVEYING SUBJECT PROPERTY. THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! PAGE 3 A L T A C O M M I T M E N T SCHEDULE B -2 (Exceptions) Our Order No. V18895 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Standard Exceptions 1 through 5 printed on the cover sheet. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES. 10. RESTRICTIVE COVENANTS, 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 April 07, 1975, IN BOOK 239 AT PAGE 249 AND AS AMENDED IN INSTRUMENT RECORDED July 19, 1979, IN BOOK 288 AT PAGE 567 AND AS AMENDED IN INSTRUMENT RECORDED April 23, 1985, IN BOOK 411 AT PAGE 960, AND AS AMENDED FEBRUARY 7, 1990 IN BOOK 522 AT PAGE 721. 11. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PLAT OF BENCHMARK AT BEAVER CREEK AND AMENDMENTS THERETO. 12. UTILITY AND DRAINAGE EASEMENTS TEN (10) FEET IN WIDTH ARE RESERVED ALONG EACH SIDE OF EVERY BACK LOT LINE OF EVERY LOT LINE IN THE SUBDIVISION. IN ADDITION, UTILITY AND DRAINAGE EASEMENTS SEVEN AND ONE -HALF (7 1/2) FEET IN WIDTH ARE RESERVED ALONG EACH SIDE OF EVERY SIDE LOT IN THE SUBDIVISION NOT FRONTING ON A DEDICATED STREET OR ROAD AS RESERVED ON THE RECORDED PLAT. 13. NOTTINGHAM PUDER DITCH ACCESS AND MAINTENANCE EASEMENT, ACCESS EASEMENT, AND SWIFT GULCH ROAD RIGHT OF WAY ALL TRAVERSING SUBJECT PROPERTY AS SHOWN ON THE PLAT RECORDED NOVEMBER 5, 1982 IN BOOK 348 AT PAGE 296. PAGE 4 L A N D T I T L E G U A R A N T E E C O M P A N'Y DISCLOSURE STATEMENT Required by Senate Bill 91 -14 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. July 13, 1992 Ed Hansen, Clerk of the Combined Courts P. O. Box 597 Eagle, CO 81631 Re:' Town of Avon vs. Wildwood, et al. Case No. 92CV197 ---------------=------------------ Town of Avon vs. Section 36, Inc_. Case No. 92CV217 Dear Ed: IN LEADVILLE: COSGRIFF, DUNN & BERRY P.O. Box 1 1 LEADVILLE, COLORADO 80461 (719) 486 -1885 j a' L JUL -1,1 TOWN OF AVON I enclose AMENDED NOTICE OF IMMEDIATE POSSESSION HEARING for filing in each of the above matters. Thank you very much. Yours very truly, COSGRIFF, DUNN & ABPLANALP John W. Dunn JWD:kem Enc. /cc: Mr. James THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL. �J LAW OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION VAIL NATIONAL BANK BUILDING PETER COSGRIFF JOHN W. DUNN SUITE 300 ARTHUR A. ABPLANALP, JR. 108 SOUTH FRONTAGE ROAD WEST TIMOTHY H. BERRY ALLEN C. CHRISTENSEN VAIL, COLORADO 81657 LAWRENCE P. HARTLAUB DIANE L. HERMAN TELEPHONE: (303) 476 -7552 TELECOPIER: (303) 476 -4765 SPECIAL COUNSEL: JERRY W. HANNAH July 13, 1992 Ed Hansen, Clerk of the Combined Courts P. O. Box 597 Eagle, CO 81631 Re:' Town of Avon vs. Wildwood, et al. Case No. 92CV197 ---------------=------------------ Town of Avon vs. Section 36, Inc_. Case No. 92CV217 Dear Ed: IN LEADVILLE: COSGRIFF, DUNN & BERRY P.O. Box 1 1 LEADVILLE, COLORADO 80461 (719) 486 -1885 j a' L JUL -1,1 TOWN OF AVON I enclose AMENDED NOTICE OF IMMEDIATE POSSESSION HEARING for filing in each of the above matters. Thank you very much. Yours very truly, COSGRIFF, DUNN & ABPLANALP John W. Dunn JWD:kem Enc. /cc: Mr. James THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL. IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO Case No. 92CV217 AMENDED NOTICE OF IMMEDIATE POSSESSION HEARING TOWN OF AVON, Petitioner, VS. SECTION 36, INC.; COLORADO NATIONAL BANK OF DENVER; SHERRY BRANDON, as Treasurer and Public Trustee for the County of Eagle and State of Colorado, Defendants. TO: THE ABOVE -NAMED RESPONDENTS PLEASE TAKE NOTICE that, by order of the Court, the request and application for immediate possession, contained in the prayer of the petition, will be heard and determination of the amount of deposit for immediate possession will be made in the above -named court at Eagle, Colorado on July 15, 1992, at 9:00 A.M. or as soon thereafter as counsel can be heard, at which time and place you may be present if you so desire. DATED this 13th day of July, 1992. COSGRIFF, DUNN & ABPLANALP By: John W. Dunn, No. 1421 108 S. Frontage Rd. #300 Vai`1, Colorado 81657 (303) 476 -7552 Attorneys for Petitioner CERTIFICATE OF MAILING I hereby certify that on the 13th day of July, 1992, I served the foregoing Amended Notice on the Respondents by mail and by facsimile copy. July 13, 1992 Ed Hansen, Clerk of the Combined Courts P. O. Box 597 Eagle, CO 81631 Re: Town of Avon vs. Wildwood, et al. Case No. 92CV197 ---------------=------------------ Town of Avon vs. Section 36, Inc. Case No. 92CV217 Dear Ed: IN LEADVILLE: COSGRIFF, DUNN & BERRY P.O. BOX I 1 LEADVILLE, COLORADO 00461 (719) 406 -1005 Al JUL 1 1922 TO10 /N OF AVON I enclose AMENDED NOTICE OF IMMEDIATE POSSESSION HEARING for filing in each of the above matters. Thank you very much. Yours very truly, COSGRIFF, DUNN & ABPLANALP John W. Dunn JWD:kem Enc. • /c: Mr. James THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL. LAW OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION VAIL NATIONAL BANK BUILDING PETER COSGRIFF JOHN W. DUNN SUITE 300 ARTHUR A. ABPLANALP, JR. 108 SOUTH FRONTAGE ROAD WEST TIMOTHY H. BERRY ALLEN C. CHRISTENSEN VAIL, COLORADO 81657 LAWRENCE P. HARTLAUB DIANE L. HERMAN TELEPHONE: (303) 476 -7552 TELECOPIER: (303) 476 -4765 SPECIAL COUNSEL: JERRY W. HANNAH July 13, 1992 Ed Hansen, Clerk of the Combined Courts P. O. Box 597 Eagle, CO 81631 Re: Town of Avon vs. Wildwood, et al. Case No. 92CV197 ---------------=------------------ Town of Avon vs. Section 36, Inc. Case No. 92CV217 Dear Ed: IN LEADVILLE: COSGRIFF, DUNN & BERRY P.O. BOX I 1 LEADVILLE, COLORADO 00461 (719) 406 -1005 Al JUL 1 1922 TO10 /N OF AVON I enclose AMENDED NOTICE OF IMMEDIATE POSSESSION HEARING for filing in each of the above matters. Thank you very much. Yours very truly, COSGRIFF, DUNN & ABPLANALP John W. Dunn JWD:kem Enc. • /c: Mr. James THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL. IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO Case No. 92CV197 AMENDED NOTICE OF IMMEDIATE POSSESSION HEARING TOWN OF AVON, a municipal corporation, Petitioner, VS. WILDWOOD INVESTMENT COMPANY, a partnership; HOLY CROSS ELECTRIC ASSOCIATION, INC.; INTRAWEST MORTGAGE COMPANY; SHERRY BRANDON, Treasurer and Public Trustee for the County of Eagle and State of Colorado; Respondents. TO: THE ABOVE -NAMED RESPONDENTS PLEASE TAKE NOTICE that, by order of the Court, the request and application for immediate possession, contained in the prayer of the petition, will be heard and determination of the amount of deposit for immediate possession will be made in the above -named court at Eagle, Colorado on July 15, 1992, at 9:00 A.M. or as soon thereafter as counsel can be heard, at which time and place you may be present if you so desire. DATED this 13th day of July, 1992. COSGRIFF, DUNN & ABPLANALP BY: O John W. Dunn, No. 1421 108 Frontage Rd. #300 Vail, Colorado 81657 (303) 476 -7552 Attorneys for Petitioner CERTIFICATE OF MAILING I hereby certify that on the 13th day of July, 1992, I served the foregoing Amended Notice on the Respondents by mail and by facsimile copy. LAW OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION PETER COSGRIFF JOHN W. DUNN ARTHUR A. ABPLANALP, JR. TIMOTHY H. BERRY ALLEN C. CHRISTENSEN LAWRENCE P. HARTLAUB DIANE L. HERMAN SPECIAL COUNSEL: JERRY W. HANNAH Ms. Linda Rogers Telco P.O. Box 11155 Telluride CO 81435 VAIL NATIONAL! BANK BUILDING SUITE 300 108 SOUTH FRONTAGE ROAD WEST VAIL, COLORADO 81657 TELEPHONE: (303) 476 -7552 TELECOPIER: (303) 476 -4765 June 17, 1992 IN LEADVILLE: COSGRIFF, DUNN & BERRY P.O. BOX I I LEADVILLE, COLORADO 80461 (719) 486 -1885 Re: Town of Avon v. Wildwood Investment Co. Town of Avon v. Lot 36, Inc, Dear Linda: This will confirm our telephone conversation today. I understand that you are sending me stipulations for possession in connection with the above two condemnation cases. I also understand that, pending my receipt of those stipulations and entry of an order for immediate possession, the Town and its contractor may enter upon the property being condemned to commence construction work. Thank you. Yours very truly, COSGRIFF, DUNN & ABPLANALP Joh W. Dunn JWD :ip /se cc. /r. James Mr. Wood THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL. P PETER COSGRIFF JOHN W. DUNN ARTHUR A. ABPLANALP, JR. TIMOTHY H. BERRY ALLEN C. CHRISTENSEN LAWRENCE P. HARTLAUB DIANE L. HERMAN SPECIAL COUNSEL: JERRY W. HANNAH LAW OFFICES COSGRIFF, DUNN & ABPLANALP A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION VAIL NATIONAL BANK BUILDING SUITE 300 108 SOUTH FRONTAGE ROAD WEST VAIL, COLORADO 81657 TELEPHONE: (303) 476 -7552 TELECOPIER: (303) 476 -4765 May 19, 1992 Ms. Linda Rodgers Benchmark Companies P. 0. Box 11155 Telluride, CO 81435 IN LEADVILLE: COSGRIFF, DUNN & BERRY P.O. BOX 1 I LEADVILLE, COLORADO 80461 (719) 486 -1805 UP'ill �C�C MAYt TOWN OF AVON Re: Town of Avon vs. Wildwood Investment Company, et al. ------------------------------------ Town of Avon vs. Section 36, Inc., et al. Dear Linda: In accordance with your agreement with Bill James, I enclose Stipulations for signature by Jim Wells. Please return them at your earliest convenience so we can file them with the court. Thank you very much. JWD:kem Enc. �c: Mr. James Yours very truly, COSGRIFF, DUNN & ABPLANALP John W. Dunn THE PROFESSIONAL CORPORATION IS DUNN & ABPLANALP, P.C. IN VAIL. 4, IN THE DISTRICT COURT, COUNTY OF EAGLE, STATE OF COLORADO CASE NO. 92 CV 217 STIPULATION TOWN OF AVON, Petitioner, VS. SECTION 36, INC; COLORADO NATIONAL BANK OF DENVER; SHERRY BRANDON, as Treasurer and Public Trustee of the County of Eagle and State of Colorado; Respondents. IT IS HEREBY STIPULATED AND AGREED: That upon deposit into the registry of this court of the sum of $1,000 by the Petitioner, Petitioner may take possession of the property described in the petition in condemnation herein and may take, possess, use, and enjoy said property or land as against the Respondent, Section 36, the owner of the property, and its successors and assigns, and each of them, and all persons whomsoever claiming any right, title or interest in and to said property, by, through or under said Respondent, together with the right to make cuts and fills thereon, and to take and use therefrom and add thereto any and all earth, stone, gravel and timber and other materials for construction and maintenance purposes, all during the pendency of and until the final conclusion of this action. IT IS FURTHER STIPULATED AND AGREED that, pursuant to the provisions of sections 38 -1 -105 and 38 -1 -116, C.R.S., said Respondent may, upon proper application to the clerk of this court, withdraw from the registry fund of this court the sum of $1,000 from the sum so deposited by the Petitioner, provided that all Respondents consent to such withdrawal. IT BEING EXPRESSLY UNDERSTOOD AND AGREED that said sum, if withdrawn, shall be and constitute a partial payment of the compensation to be eventually paid to said Respondent and other interested parties, if any, and shall be deducted by the clerk of this court from any award or verdict entered thereafter, or deducted by Petitioner from any settlement amount agreed upon. IT IS FURTHER STIPULATED AND AGREED that if the award of compensation shall be less than the amount withdrawn, said Respondent does hereby agree to refund to the Petitioner the difference between the withdrawal and the amount of the award. IT IS AGREED the property which is the subject of this action as described in Exhibit A, which is attached to the petition in condemnation, shall become exempt from taxation on the date of possession by the Petitioner or until the Petitioner leases, sells, or otherwise disposes of the property to an entity which is not a public body entitled to tax exemption. The undersigned Respondent hereby states and verifies that there are no otter parties interested in the property sought to be acquired by the Petitioner herein, other than those named in the petition herein, and does hereby agree to indemnify and hold Petitioner harmless from any claim or claims which might be asserted by parties other than such Respondents.- That Respondent, Section 36,Inc., by entering into this stipulation, does not waive its right to raise any issue pertaining to just compensation at the time of trial. DATED this day of May, 1992. COSGRIFF, DUNN & ABPLANALP By: By: John W. Dunn, No. 1421 108 S. Frontage Rd. #300 Vail, Colorado 81657 (303) 476 -7552 Attorneys for Petitioners A.J. Wells, President Section 36, Inc. P.O. Box 326 Avon, CO. 81620 IN THE DISTRICT COURT, COUNTY OF EAGLE, AND STATE OF COLORADO Case No. 92CV197 TOWN OF AVON, a municipal corporation, Petitioner, WILDWOOD INVESTMENT COMPANY, a partnership; HOLY CROSS ELECTRIC ASSOCIATION, INC.; INTRAWEST MORTGAGE COMPANY; and SHERRY BRANDON, Treasurer and Public Trustee for the County of Eagle and State of Colorado, Respondent. IT IS HEREBY STIPULATED AND AGREED: That upon deposit into the registry of this court of the sum of $17,534 by the Petitioner, Petitioner may take possession of the property described in the petition in condemnation herein and may take, possess, use, and enjoy said property or land as against the Respondent, Wildwood Investment Company, the owner of the property, and its successors and assigns, and each of them, and all persons whomsoever claiming any right, title or interest in and to said property, by, through or under said Respondent, together with the right to make cuts and fills thereon, and to take and use therefrom and add thereto any and all earth, stone, gravel and timber and other materials for construction and maintenance purposes, all during the pendency of and until the final conclusion of this action. IT IS FURTHER STIPULATED AND AGREED that, pursuant to the provisions of sections 38 -1 -105 and 38 -1 -116, C.R.S., said Respondent may, upon proper application to the clerk of this court, withdraw from the registry fund of this court the sum of $17,534 from the sum so deposited by the Petitioner, provided that all Respondents consent to such withdrawal. IT BEING EXPRESSLY UNDERSTOOD AND AGREED that said sum, if withdrawn, shall be and constitute a partial payment of the compensation to be eventually paid to said Respondent and other interested parties, if any, and shall be deducted by the clerk of this court from any award or verdict entered thereafter or deducted by Petitioner from any settlement amount agreed upon. ,, i IT IS FURTHER STIPULATED AND AGREED that if the award of compensation shall be less than the amount withdrawn, said Respondent does hereby agree to refund to the Petitioner the difference between the withdrawal and the amount of the award. IT IS AGREED the property which is the subject of this action as described in Exhibit A, which is attached to the petition in condemnation, shall become exempt from taxation on the date of possession by the Petitioner or until the Petitioner leases, sells, or otherwise disposes of the property to an entity which is not a public body entitled to tax exemption. The undersigned Respondent hereby states and verifies that there are no other parties interested in the property sought to be acquired by the Petitioner herein, other than those named in the Petition herein, and does hereby agree to indemnify and hold Petitioner harmless from any claim or claims which might be asserted by parties other than such Respondents. That Respondent, Wildwood Investment Company, by entering into this stipulation, does not waive its right to raise any issue pertaining to just compensation at the time of trial. DATED this day of May, 1992. COSGRIFF, DUNN & ABPLANALP By: John W. Dunn, No. 1421 108 S. Frontage Rd. #300 Vail, Colorado 81657 (303) 476 -7552 Attorneys for Petitioners WILDWOOD INVESTMENT COMPANY, a partnership By: A. J. Wells, General Partner P. 0. Box 11155 Telluride, CO 81435