10-26-1993 L16 B 2 Benchmark at BC as Tax exemptLAW OFFICES
DUNN, ABPLANALP & CHRISTENSEN, P.C.
A PROFESSIONAL CORPORATION
JOHN W. DUNN VAIL NATIONAL BANK BUILDING TELEPHONE:
ARTHUR A. ABPLANALP, JR. SUITE 300 (303) 476 -0300
ALLEN C. CHRISTENSEN
DIANE L. HERMAN 108 SOUTH FRONTAGE ROAD WEST TELE76-47 :
4
ROHN K. ROBBINS (303) 476 -4765
VAIL, COLORADO 81657
SPECIAL COUNSEL:
JERRY W. HANNAH
October 26,
I
Cherlyn Baker OCT 27 1993
Eagle County Assessor
P.O. Box 449 T4V N OF AVO►y
Eagle CO 81631
Re: Town of Avon
Dear Ms. Baker:
Enclosed is a copy of a deed conveying to the Town of
Avon Lot 16, Block 2, Benchmark at Beaver Creek. Please cause
your records to show this property as tax exempt and provide me
with evidence of the exemption.
Thank you very much.
Yours very truly,
DUNN, ABPLANALP & CHRISTENSEN,P.C.
Jo n W. Dunn
JWD:ipse
j Mr. James
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
TOWN OF AVON, A MUNICIPAL CORPORATION
P.O. BOX 975
AVON, CO 81620
Dear Customer:
Land Title Guarantee Company is pleased to provide you with
your Owner's Title Insurance Policy. This valuable document
insures good and marketable title to your property. Please
review the policy in its entirety. We at Land Title Guarantee
Company believe in providing you, our customer, with a quality
product which will serve your needs.
In the event you do find any discrepancy, or if you have any
questions or comments regarding your final policy, please
contact the following department and we will gladly handle any
request you may have as efficiently and quickly as possible.
TITLE DEPARTMENT
TELEPHONE # (303)476 -2251
FAX #(303)476 -4534
PLEASE REFER TO ORDER NO. V21960
Should you decide to sell the property described in Schedule
A, or if you are required to furnish a new title commitment
for mortgage purposes, you may be entitled to a credit toward
future title insurance expenses. Land Title Guarantee Company
will retain a copy of the enclosed title policy, and in the
event you do need future services, we will be in a position to
again serve you promptly and efficiently.
Thank you very much for giving Land Title Guarantee Company
the opportunity to serve you.
ORT Owners Form 402
1. Policy Date:
2. Name of Insured:
Policy No. SV2158885
Order No. V21960 Amount $260,001.00
SCHEDULE A
Address
October 01, 1993 at 5:00 P.M.
TOWN OF AVON, A MUNICIPAL CORPORATION
3. The estate or interest in the land described in this Schedule
and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the
date hereof is vested in:
TOWN OF AVON, A MUNICIPAL CORPORATION
5. The land referred to in this policy is situated in EAGLE
County, Colorado, and is described as follows:
LOT 16, BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION,
AMENDMENT NO. 4 ACCORDING TO THE PLAT RECORDED SEPTEMBER 5,
1978 IN BOOK 274 AT PAGE 701, COUNTY OF EAGLE, STATE OF
COLORADO.
Page 1 This Policy valid only if Schedule B is attached.
ORT Owner Form 402 Order No. V21960 Policy No. SV2158885
SCHEDULE B
This policy does not insure against loss or damage by reason of
the following:
1. Rights or claims of parties in possession not shown by the
public records.
2. Easements, or claims of easements, not shown by the public
records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not
shown by the public records.
4. 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.
5. 1993 TAXES NOT YET DUE OR PAYABLE AND ASSESSMENTS NOT YET CERTIFIED TO THE
TREASURERS OFFICE.
6. LIENS FOR UNPAID WATER AND SEWER CHARGES, IF ANY.
7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED May 04, 1905, IN BOOK 48 AT
PAGE 272.
* *ENDORSEMENT 100.29 ** THE COMPANY HEREBY INSURES AGAINST LOSS WHICH THE
INSURED SHALL SUSTAIN BY REASON OF DAMAGE TO EXISTING IMPROVEMENTS,
INCLUDING LAWNS, SHRUBBERY OR TREES, RESULTING FROM THE EXERCISE OF ANY
RIGHT TO USE THE SURFACE OF SAID LAND FOR THE EXTRACTION OR DEVELOPMENT OF
THE MINERALS EXCEPTED FROM THE DESCRIPTION OF SAID LAND OR SHOWN AS A
RESERVATION IN SCHEDULE B.
8. TERMS, CONDITIONS, OBLIGATIONS AND EASEMENTS OR RIGHTS OF WAY AS SHOWN ON
PLATS RECORDED RESPECTIVELY: FEBRUARY 27, 1974 IN BOOK 233 AT PAGE
566; DECEMBER 26, 1974 IN BOOK 238 AT PAGE 41; AUGUST 11, 1976 IN BOOK 247
AT PAGE 989; OCTOBER 1, 1976 IN BOOK 249 AT PAGE 93; AND SEPTEMBER 5, 1978
IN BOOK 274 AT PAGE 701.
Page 2
ORT Owner Form 402 Order No. V21960 Policy No. SV2158885
SCHEDULE B
9. 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 IN INSTRUMENT RECORDED
FEBRUARY 7, 1990 IN BOOK 522 AT PAGE 721.
10. 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.
NOTE: QUIT CLAIM DEEDS RECORDED MAY 11, 1979 IN BOOK 285 AT PAGE 315 AND
JANUARY 7, 1980 IN BOOK 297 AT PAGE 27.
11. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT
RECORDED September 05, 1978 IN BOOK 274 AT PAGE 701.
Page 3
517032 B -620 P -963 10/01/93 11:36A PG 1 OF 1
Sara J.'.'Fisher Eagle County Clerk & Recorder l
THIS DEED , Made this day of September 30, 1993
between
REC DOC
5.00 26.00
FILING STAMP
BUCK CREEK ASSOCIATES, A COLORADO PARZNERSHIP
of the County of EAGLE and State of
Colorado, of the first part, and
Data'
'DOWN OF AVON, A MUNICIPAL CORPORATION
qEr e noc. Fee
P.O. BOX 975
whose legal address is AVON CO 81620
of the County of EAGLE and State of Colorado, of the second part.
WITNESSETH, That the said party of the first part, for and in consideration of the sum of (***$260,001.00)
TWO HUNDRED SIXTY THOUSAND ONE DOLLARS AND 00 /100THS
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described Lot
or parcel of land, situate, Lying and being in the
County of EAGLE and State of Colorado, to wit:
LOT 16 BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION AF924D = NO. 4 ACCORDING TO
THE PLAT RECORDED sEprEMBER 5, 1978 IN BOOK 274 AT PA &E 701, COUNTY OF EAGLE, STATE
OF COLORADO.
also known as street number LOT 16, BLOCK 2, BENCHMARK AT BEAVER CREEK
TOGETHER with all and singular and 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 said party of the first part, 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 said party of
the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
and administrators, does covenant: grant, baraain, and agree to and with the said party of the second part, his heirs and
assigns, that at the time of the enseaLing and delivery of these presents, he is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in Law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, Liens, taxes, assessments and
encumbrances of whatever kind or nature soever.
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1993 AND SUBSEQUENT YEARS AND SUBJECT TO EASEMENTS, RESERVATIONS,
RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD.
and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and
assigns against all and every person or persons LawfuLLy claiming or to claim the whole or any part thereof, the said party
of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the pLuraL, the plural the
singular, and the use of any gender shall be applicable to aLL genders.
IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above
written.
(SEAL)
BUCK ASSOC , P HIP
STATE OF COLORADO //>
County of (SEAL)
EAGLE > ss.
The foregoing instrument was acknowledged before me on this day of September 30, 1993
by THOMAS IgLAANDDAUE�R7AS PRESIDENT OF TjqMAS M. LLAANNDDAAUEERREDEVELOPMENT CO.0N I PKARTNER OF
and by A`S50CTA'PES�;'�A P�NEEZSHIPG
My commission expires
Witness my hand and official seal.
KERRY ill. LOET-3 -G IEN
NOTARY aUBI
STATE OF COL&RAr-"0 r Notary Pub is
My Commission Expires 2 10.96
Form 932A COMPUTER WARRANTY DEED - For Photographic Record
2196OV.21960V V21960
The printed portion of this form approved by the Colorado Real Estate Commission (SS- 60 -7 -71)
LAND TITLE GUARANTEE COMPANY REPRESENTING OLD REPUBLIC NATIONAL
108 S. FRONTAGE RD WEST STATEMENT OF SETTLEMENT TITLE INSURANCE COMPANY
VAIL, CO 81657 "PURCHASERS"
�-j:w 04, : M M' DIDI • • •• •' • /• • • • II' 1 •
BUYER TOWN OF AVON, A MUNICIPAL CORPORATION
fiFli*ITrF!41M DATE September
30, 1993 DATE OF PRORATION
September 30,
1993
debit
credit
CONTRACT SALES PRICE.
260,001.00
DEPOSIT HELD BY SELLER.
1.00
TAX CERTIFICATE.
10.00
RECORD: WARRANTY DEED.
5.00
DOCUMENTARY FEE.
26.00
TAX PRORATION FOR. 1/1/93
TO 9/30/93 @ 12.2060 PER DAY
3,320.03
CLOSING FEE. ONE HALF
125.00
UNPAID. CHARITABLE DONATION
20,000.00
SUBTOTALS **
260,167.00
23,321.03
Balance due from Buyer
236,845.97
TOTALS * **
260,167.00
260,167.00
The above figures do not include sales or use taxes on personal property.
APPROVED AND ACCEPTED
TOWN OF AVON, A MUNICIPAL CORPORATION
BY:
FORM NO. 4 (COMPUTER)
REAL ESTATE BROKERS)
N/A
• It N • • • 191
KERRY� • •i E
•1•.•' W# 1960V.21960V
COMMITMENT# V21960
Filed for record the day of A.D. 19 , at o'clock M. RECORDER.
Reception No. By DEPUTY.
THIS DEED , Made this day of September 30, 1993
between
BUCK CREEK ASSOCIATES, A COLORADO PARTNERSHIP
of the County of EAGLE and State of
Colorado, of the first part, and
'DOWN OF AVON, A MUNICIPAL CORPORATION
P.O. BOX 975
whose legal address is AVON 00 81620
of the County of EAGLE and State of Colorado, of the second part.
WITNESSETH, That the said party of the first part, for and in consideration of the sum of (***$260,001.00)
TWO HUNDRED SIXTY THOUSAND ONE DOLLARS AND 00 /100THS
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot
or parcel of land, situate, lying and being in the
County of EAGLE and State of Colorado, to wit:
IOT 16 BLOCK 2 BENCEMARK AT BEAVER CREEK SUBDIVISION AM qU= NO. 4 ACCORDING TO
THE HAT RECORDED SEPTEMBER 5, 1978 IN BOOK 274 AT a6E 701, COUNTY OF EAGLE, STATE
OF OOIORADO.
also known as street number LOT 16, BLOCK 2, BENCHMARK AT BEAVER CREEK
TOGETHER with all and singular and 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 said party of the first part, 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 said party of
the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and
assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever.
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1993 AND SUBSEQUENT YEARS AND SUBJECT TO EASEMENTS, RESERVATIONS,
RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD.
and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and
assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party
of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above
written.
(SEAL)
HIP
Z , ✓� i
. 1
STATE OF COLORADO /
County of I z 2 `/ L' G� (SEAL)
EAGLE > SS.
I
The foregoing instrument was acknowledged before me on this day of September 30, 1993
by THOMAS LANDAUER AS PRESIDENT OF T &AS M. LLANDAUUER DEVELOPMENT CO.OIA I��P RTNER OF by i S � fDO sH
My commission expires
Witness my hand and official seal.
EKERRY N1. LOET ( r1r-d ARY RUl3L!0 OF COLORAP ) Notary Pub is
My Comm ssion Expires 2 -10.96
Form 932A COMPUTER WARRANTY DEED - For Photographic Record
2196OV.21960V V21960
Filed for record the day of A.D. 19 , at o'clock M. RECORDER.
Reception No. By DEPUTY.
THIS DEED , Made this day of September 30, 1993
between
BUCK CREEK ASSOCIATES, A COLORADO PARTNM=P
of the County of EAGLE and State of
Colorado, of the first part, and
TOWN OF AVON, A MUNICIPAL CORPORATION
P.O. BOX 975
whose legal address is AVON CO 81620
of the County of EAGLE
WITNESSETH, That the said party of the first part,
TWO HUNDRED SIXTY THOUSAND ONE DOLLARS AND 00 /100THS
and State of Colorado, of the second part.
for and in consideration of the sum of (***$260,001.00)
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby
acknowledged and confessed, has bargained, granted, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following described lot
or parcel of land, situate, lying and being in the
County of EAGLE and State of Colorado, to wit:
LOT 16 BLOCK 2 BENCEMRK AT BEAVER CREEK SUBDIVISION AMED1 = NO. 4 ACCORDING TO
THE PET RECORDED SERER 5, 1978 IN BOOK 274 AT PAGE 701, COUN'T'Y OF EAGLE, STATE
OF COLORADO.
also known as street number LOT 16, BLOCK 2, BENC MARK AT BEAVER CREEK
TOGETHER with all and singular and 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 said party of the first part, 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 said party of
the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,
and administrators, does covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and
assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above
conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good
right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and
that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and
encumbrances of whatever kind or nature soever.
EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1993 AND SUBSEQUENT YEARS AND SUBJECT TO EASEMENTS, RESERVATIONS,
RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD.
and the aboved bargained premises in the quiet and peaceable possession of said party of the second part, his heirs and
assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party
of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal the day and year first above
written.
BUCK CREEK S (SEAL)
HIP
(SEAL)
I
STATE OF COLORADO
County of
EAGLE > ss.
I
The foregoing instrument was acknowledged before me on this day of September 30, 1993
by AS OF BUCK CREEK
ASS-OM=, A'C0DO'RAM ERSHIP-------- - - - - --
My commission expires
Witness my hand and official seal.
Notary Public
Form 932A COMPUTER WARRANTY DEED - For Photographic Record
2196OV.21960V V21960
ACKNOWLEDGEMENT
The undersigned acknowledge that any documents which may have been
prepared by LAND TITLE GUARANTEE COMPANY ( "LAND ") have been in accordance
with the instructions given to LAND by the undersigned or by the attorney
or real estate agent of the undersigned and acknowledge that LAND has acted
no more than as a typist of these documents.
No advice has been given to the undersigned by LAND on taxes, usury,
forfeiture, or on any other matter in relation to the sale of the real
property closed by this escrow, but instead the undersigned have con-
sulted an attorney or their real estate agent on all matters.
All acts of LAND have been performed in strict compliance with our
instructions up to the time of execution of this acknowledgement, except
as itemized on the reverse hereof.
EXECUTED ON THIS DAY OF September 30, 1993
BUYER TOWN OF AVON, A MUNICIPAL
BUYER,,
R,
BUYER
BUYER
FORM No. 26
ESCROW#
SELLER BUCK CREE ASS CIAT S, A
� `OLQRADO AR RSH
SELLE BY:
SELLER
SELLER
AGREEMENT FOR TAXES
It is hereby understood and agreed between the Buyer(s) and Seller(s) of
property known as LOT 16, BLOCK 2, BENCHMARK AT BEAVER CREEK
that the taxes for the current year have been adjusted as of this date on
the basis of:
( X ) General taxes for the year of closing, based on
the most recent levy and the most recent assessment
is $ 4455.20
Figures were obtained by telephone from the County
Assessors office and Land Title Guarantee Company assumes no
responsibility or any liability in the event the County
Assessor misquoted the assessments and /or mill levy figures.
Any adjustment shall be made between the Buyer(s) and
Seller(s) if necessary, and Land Title Guarantee Company, or
Old Republic National Title Insurance Company will not make or
be responsible for this re- adjustment or any liability in
connection therewith.
( ) Estimate for taxes of
Taxes based on
in the amount
and shall be
or
( X ) A final settlement.
percent of
( ) Re- adjusted between the Buyer(s) and Seller(s) as soon as the
taxes have been billed by the County Treasurer. If a
re- adjustment is necessary, Land Title Guarantee Company will
not make or be responsible for this re- adjustment.
It is further understood and agreed between the Buyer(s) and Seller(s) that
( X ) No governmental body taxing authority has certified an
assessment lien to the County Treasurer for special im-
provements installed prior to the date of the Buyers
execution of the Agreement for Purchase.
( ) Special improvements now in and being paid in annual install-
ments are to be assumed by the Buyer(s), with current annual
assessments in the amount of with the total
payoff amount of this assessment being
This assessment will be fully paid in
Note: Land Title Guarantee Company or Old Republic National Title
Insurance Company assumes no responsibility or any liability
in the event a special assessment is assessed or the County
Treasurer misquoted any special assessments via our telephone
conversation regarding same. Any adjustment shall be made
between the Buyer(s) and Seller(s), if necessary, and Land
Title Guarantee Company, or Old Republic National Title
Insurance Company will not make or be responsible for the
re- adjustment or liability in connection therewith.
This Agreement made and executed this day of September 30, 1993
BUYERS)
TOWN OF AVON, A MUNICIPAL CORPORATION
BY:
(SELLERS)
BUCK CREEK ASSOCIATES, A COLORADO
PARTNERSHIP
BY: /
ti
ZX
RE: Cormnitment No. V21960
State of Colorado, County of EAGLE
RE: Real property and improvements located at:
LOT 16, BLOCK 2, BENCHMARK AT BEAVER CREEK
in the County of EAGLE
particularly described as follows:
Escrow No. 2196OV.21960
State of Colorado, and more
LOT 16, BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION, AMENDMENT NO. 4 ACCORDING TO
THE PLAT RECORDED SEPTEMBER 5, 1978 IN BOOK 274 AT PAGE 701, COUN'T'Y OF EAGLE, STATE OF
COLORADO.
Whereas, Land Title Guarantee Company has issued its Commitment No. V21960
covering said property:
Now therefore,
BUCK CREEK ASSOCIATES, A COLORADO PARTNERSHIP
as the Owner- Seller of the Real Estate and improvements located on the herein described
property, being first duly sworn on oath, for the purpose of inducing Land Title
Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with
the property described in said commitment, without exception as to mechanics' or other
statutory liens, or any rights thereto, where no notice of such liens or rights appear
of record, do hereby make the following representations to Land Title Guarantee Company,
with full knowledge and intent that said company shall rely thereon:
1. That those certain persons, firms and corporations, including the General
Contractors, and all subcontractors hired by or under contract with the undersigned who
have furnished services, labor or materials, according to plans and specifications or
otherwise, used in connection with the construction of improvements on the real estate
herein described, have been paid in full.
2. That no claims have been made to either of the undersigned, nor is any suit
now pending on behalf of any contractor, subcontractor, laborer or materialman, and
that no chattel mortgages, conditional bills of sale, security agreements or financing
statements have been made, or are now outstanding as to any materials, appliances,
fixtures or furnishings placed upon or installed in said premises.
3. That all improvements constructed on the real estate herein described were
completed on or before September 30, 1993
4. That there has been no architectural service or other work of any kind,
paid or unpaid, which could establish a priority for any future mechanics' lien claimant.
In light of the foregoing facts, the undersigned, in consideration of the issuance
by Land Title Guarantee Company of a policy of Title Insurance covering said property
in the manner described by the undersigned as set out above, hereby promise, covenant
and agree to hold harmless, protect and indemnify Land Title Guarantee Company, any
title insurance company that has issued an ALTA Policy of insurance pursuant to the
commitment described above, the Mortgagee and their successors in interest from and
against those liabilities, losses, damage expenses and charges, including but not
limited to any attorneys' fees and expenses of litigation arising out of or resulting
from any mechanics' or other statutory liens, claims and /or liens for service, labor or
materials contracted for any authorized by owner - seller used in connection with the
construction of improvements located on said property insofar as they pertain to
Paragraphs 1 to 3 above. There are no existing leases or tenancies affecting said
property.
CO Sp ARTT .SHIP
BY:
STATE OF COLORADO
} ss.
OQUNTY OF EAGLE
The foregoing instrument was acknowledged
September 30, 1993
by AS
ASSOCIATES, A COLORADO PARTNERSHIP
before me on this day of
WITNESS MY HAND AND OFFICIAL SEAL.
fib• ...4 ,,a. t ��`C -! J� �l
RY Pl1. aTSCFI
NOTARY PUBLIC Notary is
STATE OF C01(;: AD
MY Commission Expires'2 :1U•96
RE: Commitment No. V21960
P MA al a 00 • 1 HrPei 81 1 I
VID1440
Escrow No. 21960V.21960
State of Colorado, County of EAGLE
RE: Real property and improvements located at:
LOT 16, BLOCK 2, BENCHMARK AT BEAVER CREEK
in the County of EAGLE State of Colorado, and more
particularly described as follows:
LOT 16, BLOCK 2 BEM14ARK AT BEAVER CREEK SUBDIVISION, AMIIM= NO. 4 ACCORDING TO
THE PLAT RECORDED SEP UMER 5, 1978 IN BOOK 274 AT PAGE 701, COUNTY OF EAGLE, STATE OF
COLORADO.
Whereas, Land Title Guarantee Company has issued its Commitment No. V21960
covering said property:
The undersigned, Purchaser(s) of the herein described property, to induce Land Title
Guarantee Company to issue its ALTA Policy of Title Insurance, without including
there an exception as to mechanics' liens or other statutory liens, and in connection
with the property described in said commitment, or any rights thereto where no notice
of such liens or rights appear of record, do hereby make the following representations
to Land Title Guarantee Company with full knowledge and intent that said company shall
rely thereon:
1. That the full purchase price has been paid by said purchaser(s) to said
Owner - Seller.
2. That the purchaser(s) have or will take possession of the premises on or
about September 30, 1993
3. That the undersigned have not contracted for any materials to be furnished or
work to be done on the improvements located on said property or said property itself,
which have not been paid for and consequently which could give rise to any mechanics' or
other statutory liens, claims and /or liens for such materials or work.
4. That there has been no architectural service or work of any kind, paid or
unpaid, which could establish a priority for any future mechanics' lien claimant.
5. In light of the foregoing facts, the undersigned, in consideration of
the issuance by Land Title Guarantee Company of a policy of Title Insurance covering
said property in the manner described by the undersigned as set out above, hereby
promise, covenant and agree to hold harmless, protect and indemnify Land Title
Guarantee Company, any title insurance company that has issued an ALTA policy of in-
surance pursuant to the commitment described above, the Mortgagee and their
successors in interest from and against those liabilities, losses, damages, expenses
and charges, including but not limited to reasonable attorneys' fees and expenses of
litigation arising out of or resulting from any mechanics' or other statutory lien
claims and/or liens for services, labor or materials contracted for by purchaser(s)
and used in connection with the construction of improvements located on said property
insofar as they pertain to paragraph 3 above.
DOWN OF AVON, A MUNICIPAL CORPORATION
BY: -
kTATL OffACOLORADO
.
' } ss.
COUNTY OF EAGLE
t� y
The —Ecr oing instrument was acknowledged before me on this day of
SP 30 93
by 07 C1 1 ct L44�
�4> A MUNI l
AS t o vU
Y
WITNESS MY HAND AND OFFICIAL
My C miission Expires: /EAL/q72
*Public
OF TOWN OF AVON
AFFIDAVIT (Entity - Transferor)
TO: TOWN OF AVON, A MUNICIPAL CORPORATION
Transferee (Buyer)
Section 1445 of the Internal Revenue Code provides that a transferee
(buyer) of a U.S. real property interest must withhold tax if the trans-
feror (seller) is a foreign person. To inform the transferee (buyer)
that withholding of tax is not required upon the disposition of a U.S.
real property interest.
BUCK CREEK ASSOCIATES, A COLORADO PARTNERSHIP
hereinafter referred to as the transferor, the undersigned hereby cert-
ifies the following on behalf of the transferor:
1. The transferor is not a foreign corporation, foreign partner-
ship, foreign trust, or foreign estate (as those terms are
defined in the Internal Revenue Code and Income Tax Regulations);
2. The transferor's U.S. employer indentification number is
' + O "SCT,p -169 , and
3. The transferor's office address is:
P.O. BOX 5040
AVON CO 81620
The transferor understands that this certification may be disclosed
to the Internal Revenue Service by transferee and that any false statement
contained herein could be punished by fine, imprisonment, or both.
Under penalties of perjury I declare that I have examined this
certification and to the best of my knowledge and belief it is true,
correct and complete, and I further declare that I have authority to sign
this document on behalf of the transferor.
DATE: September 30, 1993
BUCK CREEK ASSOCIATES, A/ COLORADO
PARTN RSHIP
B
Sworn to before me on this day of September 30, 1993
by AS OF BUCK
CREEK ASSOCIATES, A COLORADO PARTNERSHIP
My commission expires:
KERRY M. y0'L�'`F LAIER
NOTARY PUBLIC
STATE OF C0LO �'�DO
�"y C' M`rM155101-1 CM)IfO 2 =10,96
Witness my hand and official seal.
L
Notary Public
I
The real property referred to herein is located at:
LOT 16, BLOCK 2, BENCHMARK AT BEAVER CREEK
and is legally described as follows:
LOT 16, BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION, AMENDMENT NO.
4 ACCORDING TO THE PLAT RECORDED SEPTEMBER 5, 1978 IN BOOK 274 AT
PAGE 701, COUNTY OF EAGLE, STATE OF COLORADO.
ESCROW #
21960V.21960V
R E S I D E N T I A L C L O S I N G I N S T R U C T I O N S
THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING-
TO:— LAND TITLE GUARANTEE COMPANY RE: LOT 16, BLOCK 2, BENCHMARK AT BEAVER CREEK
1. BUCK CREEK ASSOCIATES, A COLORADO PARTNERSHIP Setter(s) and
TOWN OF AVON, A MUNICIPAL CORPORATION Purchaser(s) engage
LAND TITLE GUARANTEE COMPANY Closing Agent, who agrees to provide closing and settlement
services to connection with the closing of the following described real estate in the County of EAGLE
Colorado, to wit: '
LOT 16, BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION, AMENDMENT NO. 4 ACCORDING TO THE PLAT RECORDED SEPTEMBER 5, 1978 IN
BOOK 274 AT PAGE 701, COUNTY OF EAGLE, STATE OF COLORADO.
also known and numbered as:_ LOT 16, BLOCK 2, BENCHMARK AT BEAVER CREEK
2. Closing Agent is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents,
excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real
estate, dated August 31, 1993 with ALL amendments and counterproposals to attached (Contract), and made part
of this document.
3. Legal documents will be prepared by Land Title Guarantee Company ❑ Other
at the expense of: ❑ the listing agent ❑ selling agent ❑ attorney
4. Closing Agent will receive a fee not to exceed $$250.00 for providing these closing and settlement services
to be the expense of BUYER AND SELLER
5. Closing Agent is authorized to receive funds and to disburse funds when all funds received are either: available for
immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available
for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or
a financial institution upon which the funds are to be drawn ("Good Funds "].
6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good
Funds, except as provided in paragraphs 12 and 13.
7. Closing Agent shall disburse all funds except those funds as may be separately disclosed in writing to Purchaser and
Seller by Closing Agent or Purchaser's lender on or before closing.
All parties agree that no one other than the final disbursing party can assure that payoff of loans and other disbursements will
actually be made.
8. Seller will receive the net proceeds of closing as indicated: ❑ Closing Agent's Trust Account Check- ❑ Cashier's
Check at Seller's expense. ❑ Funds electronically transferred (wire transfer] to an account specified by the Seller, at
Seller's expense. (24 hour notice required for cashier checks and some restrictions may apply for wire transfers)
9. Purchaser and Seller will furnish any additional information and documents required by Closing Agent which wilt be
necessary to complete this transaction, and Purchaser and Setter further agree to sign and complete all and customary required
documents at closing to fulfill the Contract.
10. Closing Agent wilt prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Setter
at time of closing.
11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before
closing to disburse Good Funds.
12. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents
monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or
Liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indebt-
edness signed by Purchaser, shall be voided by Closing Agent, with the originals) returned to the Purchaser and a copy to
Purchaser's lender.
13. If any conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies,
documents, and things of value received from any party except Purchaser's lender. Closing Agent shall retain such items until
(1) receipt of mutual written instruction from Purchaser and Seller; or (2) until a civil action between Purchaser and Setter
shalt have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its
sole discretion, commence a civil action to interplead, or, interplead in any existing civil action, any documents, monies or
other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further lia-
bility and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorneys' fees.
14. These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Setter and
Closing Agent.
15. Special Instructions:
APPROVED D ACCEPTED on is -day
SELL ER(S)
BUCK CREEK ASSOCIATES, A COLORADO
PARTNERSHIP
September 30, 1993
CJ PURCHASERS)
LAND TITLE GUARANTEE COMPANY
TOWN OF AVON, A MUNICIPAL CORPORATION 2
�i By �-
Closing A nt
BY•
v (1U at LUMF'LtItU UNLT BT BROKER AND CLOSING AGENT)
N/A (Broker) engages Closing Agent as Broker's Scrivener to complete, for a fee not to exceed
at the sole expense of Broker, the following legal documents:
❑ Deed ❑ Bill of Sale ❑Colorado Real Estate Commission Approved Promissory Note and
❑ Colorado Real Estate Commission Approved Deed of Trust Form No.
❑ ❑
The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible
for the accuracy of the above documents.
Closing Agent shall pay Real Estate Commissions at disbursement as follows:
Listing Company,
Selling Company,
APPROVED AND ACCEPTED on this day of September 30, 1993
LAND TITLE GUARANTEE COMPANY
Broker by: Closing Agent by:
2196OV.
REAL PROPERTY TRANSFER DECLARATION
N2Iz104 : to I%I Ilk) -,4 " 1"y 11 X1.1
Purpose: The real property transfer declaration is used by county assessors to establish the value of real property for property
tax purposes and to properly adjust sales for sales ratio analysis. Refer to 39 -14- 102(4), C.R.S.
Requirements: All conveyance documents subject to the documentary fee submitted to the county clerk and recorder for recordation
must be accompanied by a real property transfer declaration. This declaration must be completed and signed by the grantor
(seller) or grantee (buyer). Refer to 39- 14- 102(1)(a), C.R.S.
Penalty for Noncompliance: Whenever a conveyance document is presented for recordation without the declaration, the clerk and
recorder notifies the county assessor, who will send a written notice to the grantee requesting that the declaration be returned
within thirty days.
Failure by the grantee to submit the declaration may result in the assessor imposing a penalty of $25.00 or .025% (.00025) of the
sales price, whichever is greater. This penalty may be imposed for any subsequent year that the grantee fails to submit the
declaration, until the property is conveyed again. All unpaid penalties are certified to the county treasurer for collection.
Refer to 39-14-1020)(b), C.R.S.
Confidentiality: Any information used by the assessor to determine the actual value of real property, including information
derived from the real property transfer declaration is available to any taxpayer or any agent of such taxpayer, subject to the
confidentiality requirements as provided by law. The assessor is required to make the declaration available for inspection by
the buyer or the seller if the seller filed the declaration.
1. ADDRESS OR LEGAL DESCRIPTION OF REAL PROPERTY. Enter the correct street address or legal description of the real property.
Do not use mailing addresses or P.O. box numbers:
LOT 16, BLACK 2, BENCHMARK AT BEAVER CREEK
~2. IS THIS A TRANSACTION AMONG RELATED PARTIES? Indicate whether the buyer or the seller were related. Related parties include
persons within the same family, business affiliates, or affiliated corporations. YES NO
3. TOTAL SALES PRICE: Indicate the total consideration paid for the property including real estate, personal property (carpet-
, 1.
ing, drapes, appliances, inventory, equipment, furniture) mobile homes, sheds, goodwill, water rights, mineral rights,
and any other appurtenances. $ 260,001.00
4 WHAT WAS THE CASH DOWNPAYMENT: Enter the amount of the cash downpayment, if any. If it is a cash sale, enter the total sales
price. O'U
5. DID TOTAL SALE PRICE INCLUDE A TRADE OR EXCHANGE? Indicate whether any other real property was traded or exchanged as part of
the transaction. For example, mark "YES" if a vacant lot was traded as the down payment or if the sale included an amount for
repair of the roof. YES NO X
6. DID THE BUYER RECEIVE ANY PERSONAL PROPERTY IN THE TRANSACTION? Indicate if any personal property as described in #3 was
included in the total sales price. If yes, give the approximate value as of the date of the sale. YES NO X
IF YES, THE APPROXIMATE VALUE: $ -
7. WERE MINERAL RIGHTS INCLUDED IN THE SALE? Indicate if any portion of the mineral rights were transferred to the grantee.
Mineral rights is defined as an interest in minerals in and under the land and all accompanying rights and privileges.
YES NO -
8. WERE WATER RIGHTS INCLUDED IN THE SALE? Indicate if any water rights were transferred to the grantee. Water right is defined
as the right to use the water of a natural stream or water furnished through a ditch or canal, for such purposes as
irrigation, mining, power, or domestic use. Water rights are real property which may be sold and transferred separately
from the land. YES NO
9. IF APPLICABLE, YOU MAY INCLUDE GOODWILL FOR A GOING BUSINESS. If the sale price included an amount for goodwill of an on-
going business, indicate the approximate consideration paid. Goodwill is defined as the benefit or advantage of having an
established business occupying the property. Goodwill represents / the difference between the purchase price and the value
of the net assets. APPROXIMATE VALUE OF GOODWILL? t
10. WAS LESS THAN 100% INTEREST IN THE REAL PROPERTY CONVEYED? Mark "Yes" if only a partial interest is being conveyed. Mark
"No" if the grantee is to have the benefit of 100% interest in the property. YES NO X
11. DATE OF CLOSING: Enter the date upon which the transfer of the property was completed. September 30, 1993
Month Day Year
IF THE PROPERTY IS FINANCED, PRASE C24PI M #12 - #15
12. WAS THE LOAN NEW - OR ASSUMED -? Indicate if the grantee obtained a new loan or assumed an existing loan on the
property.
13. WHAT WAS THE INTEREST RATE ON THE LOAN? Enter the mortgage interest rate to be applied to the loan as stated in the financing
agreement.
14. WHAT WAS THE TERM OF THE LOAN? Enter the length of time that will expire before the loan is fully paid as stated in the
financing agreement. (10 years, 20 years, etc.) YEARS
15. WERE ANY POINTS PAID? For the purpose of this document, a point is defined as a fee or charge equal to one percent of the
principal amount of the loan which is collected by the lender at the time the loan is made. If any points were paid in
securing this loan, indicate how many were paid and if the points were paid by the buyer, seller, or both. YES NO
IF YES, HOW MANY? AND BY WHOM? -
16. Enter the day, month, and year and have at least one of the parties sign the document, marking the pertinent identification of
each.
SIGNED ON THIS DAY OF September 30, 1993
(GRANTOR) (GRANTEE)
(GRANTOR) (GRANT
15-DPT -AD FORM TDIOOO -02/90
21960V.21960
Town of Avon P.O. Box 975 Avon, Colorado 81620 (303) 949 -4280
October 20, 1993
Eagle County Assessor
Box 449
Eagle, CO 81631
Enclosed is the original Real Property Transfer Declaration for the
Town of Avon's purchase of Lot 16, Block 2, Benchmark at Beaver
Creek Subdivision.
I have changed #4. to reflect the total sale price of $260,001.00.
If there is further information that you need, please contact me.
Sincerely,
Valerie McCoy
Finance Officer
\J (-Y�
RFCEI
OCT 14 1993
EAGLE COUNTY ASSESSOR OF 500 RO. BOX 449
BROADWAY
CHERLYN J. BAKER (t0070_WN A V®
(303) 328.8640 EAGLE, COLORADO 81631
FAX: (303) 3207207
FF
®�
10/12/93 EAGLE COUNTY, COLORADO
DE=SCRIPTION OF PROPERTY
TOWN OF VAIL 014764 2105 013 03 006
PO BOX 475 BENCHMARK AT BEAVER CREEK
AVON CO 81620 BLK 2 LOT 16
Dear Property Owner:
State law (CRS 39 -14 -102) requires that a Transfer Declaration
accompany any Conveyance of Real Property at the time of
recording with the County Clerk. and Recorder. In the recent
instance of the conveyance of the above referenced property
one of the problems described below has occurred,,
T<>C The require.; Declaration was received without all of the
required areas being completed; Please complete the highlighted
areas and return to this office within thirty days.
The required Declaration did not accompany the conveyance when
it was presented to the County Clerk and Recorder for recording„
Please complete the enclosed blank form and return to this office
within thirty days.,
The Declaration must be returned in a completed form to remove
the potential of an annual monetary penalty of .025% of the sales
price, or $20,00, whichever is greater.,
The penalty will be added to your tax statement next year and
each year thereaf ter° until the declaration is completed and
returned. Penalties assessed to your tax bill are a very serious
matter. If the penalty is not paid, it will be sold at tax sale
creating a lien against your property. A Treasurer's deed may be
issued for your property if the lien is not redeemed within three
(3) years.
If you have any questions concerning the form or the information to
be provided, please feel free to contact the Eagle County
Assessor's Office at ( 303) 328-8640.
Thank you for your assistance.
Cherlyn J. Baker
Eagle County Assessor
M
MEMBER
International Association
, Assessing MArs
1
rl REAL PROPERTY TRANSFER DECLARATION
l GENERAL 114MIDUMON
Purpose: The real property transfer declaration is used by county assessors to establish the value of real property for property
tax purposes and to properly adjust sales for sales ratio analysis. Refer to 39 -14- 102(4), C.R.S.
Requirements: All conveyance documents subject to the documentary fee submitted to the county clerk and recorder for recordation
must be accompanied by a real property transfer declaration. This declaration must be completed and signed by the grantor
(seller) or grantee (buyer). Refer to 39- 14- 102(1)(a), C.R.S.
Penalty for Noncompliance: Whenever a conveyance document is presented for recordation without the declaration, the clerk and
recorder notifies the county assessor, who will send a written notice to the grantee requesting that the declaration be returned
within thirty days.
Failure by the grantee to submit the declaration may result in the assessor imposing a penalty of $25.00 or .025% (.00025) of the
sales price, whichever is greater. This penalty may be imposed for any subsequent year that the grantee fails to submit the
declaration, until the property is conveyed again. All unpaid penalties are certified to the county treasurer for collection.
Refer to 39-14-1020)(b), C.R.S.
Confidentiality: Any information used by the assessor to determine the actual value of real property, including information
derived from the real property transfer declaration is available to any taxpayer or any agent of such taxpayer, subject to the
confidentiality requirements as provided by law. The assessor is required to make the declaration available for inspection by
the buyer or the seller if the seller filed the declaration.
1. ADDRESS OR LEGAL DESCRIPTION OF REAL PROPERTY. Enter the correct street address or legal description of the real property.
Do not use mailing addresses or P.O. box numbers:
IIOT 16, BIIOCK 2, BENCHMARK AT BEAVER CREEK
2. IS THIS A TRANSACTION AMONG RELATED PARTIES? Indicate whether the buyer or the seller were related. Related parties include
persons within the same family, business affiliates, or affiliated corporations. YES NO
3. TOTAL SALES PRICE: Indicate the total consideration paid for the property including real estate, personal property (carpet-
ing, drapes, appliances, inventory, equipment, furniture) mobile homes, sheds, goodwill, water rights, mineral rights,
and any other appurtenances. $ 260,001.00
4. WHAT WAS THE CAAAAA���SSH D���oo000��,,��111NPAYMENT: Enter the amount of the cash downpayment, if any. If it is a cash sale, enter the total sales
price. $ ��f 00 /, 00
5. DID TOTAL SALE PRICE INCLUDE A TRADE OR EXCHANGE? Indicate whether any other real property was traded or exchanged as part of
the transaction. For example, mark "YES" if a vacant lot was traded as the down payment or if the sale included an amount for
repair of the roof. YES NO k-
6.
DID THE BUYER RECEIVE ANY PERSONAL PROPERTY IN THE TRANSACTION? Indicate if any personal property as described in #3 was
r)
included in the total sales price. If yes, give the approximate value as of the date of the sale. YES NO _Sc-
IF YES, THE APPROXIMATE VALUE: S
lr
7.
WERE MINERAL RIGHTS INCLUDED IN THE SALE? Indicate if any portion of the mineral rights were transferred to the grantee.
Mineral rights is defined as an interest in minerals in and under the land and all accompanying rights and privileges.
YES _14- NO -
8.
WERE WATER RIGHTS INCLUDED IN THE SALE? Indicate if any water rights were transferred to the grantee. Water right is defined
`
as the right to use the water of a natural stream or water furnished through a ditch or canal, for such purposes as
"
irrigation, mining, power, or domestic use. Water rights are real property which may be sold and transferred separately
l
from the land. YES NO
9.
IF APPLICABLE, YOU MAY INCLUDE GOODWILL FOR A GOING BUSINESS. If the sale price included an amount for goodwill of an on-
r
going business, indicate the approximate consideration paid. Goodwill is defined as the benefit or advantage of having an
established business occupying the property. -Goodwill represents /the difference between the purchase price and the value
of the net assets. APPROXIMATE VALUE OF GOODWILL?
10.
WAS LESS THAN 100% INTEREST IN THE REAL PROPERTY CONVEYED? Mark "Yes" if only a partial interest is being conveyed. Mark
1
"No" if the grantee is to have the benefit of 100% interest in the property. YES NO -�O_
11.
DATE OF CLOSING: Enter the date upon which the transfer of the property was completed. September 30, 1993
Month Day Year
IF
THE PWPERTY IS FINANCED, PLEASE COMPLETE #12 - #15
_fr
12.
WAS THE LOAN NEW OR ASSUMED _? Indicate if the grantee obtained a new loan or assumed an existing loan on the
I
property.
-
13.
WHAT WAS THE INTEREST RATE ON THE LOAN? Enter the mortgage interest rate to be applied to the loan as stated in the financing
agreement. %
14. WHAT WAS THE TERM OF THE LOAN? Enter the length of time that will expire before the loan is fully paid as stated in the
financing agreement. (10 years, 20 years, etc.) YEARS
15. WERE ANY POINTS PAID? For the purpose of this document, a point is defined as a fee or charge equal to one percent of the
principal amount of the loan which is collected by the lender at the time the loan is made. If any points were paid in
securing this loan, indicate how many were paid and if the points were paid by the buyer, seller, or both. YES NO _
IF YES, HOW MANY? AND BY WHOM? i
16. Enter the day, month, and year and have at least one of the parties sign the document, marking the pertinent identification of
each.
SIGNED ON THIS DAY OF September 30, 1993 rte•
lJ
(GRANTOR) (GRANTEE)
(GRANTOR) (GRANTEE)
15-DPT-AD FORM TD1000 -02/90
2196OV.21960
0
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 Old Republic National Title Insuranc4 Company
THANK YOU FOR YOUR ORDER
September 23, 1993
Our Order No.: V21960 -3
BUYER /OWNER:
TOWN OF AVON, A MUNICIPAL CORPORATION
SELLER:
BUCK CREEK ASSOCIATES, A COLORADO PARTNERSHIP
ADDRESS:
FOR TITLE QUESTIONS CALL KAREN FLETCHER 303 476 -2251
FOR CLOSING QUESTIONS CALL KERRY M. LOETSCHER 303 476 -2251
DUNN, ABPLANALP AND CHRISTENSEN, P.C.
#300
108 S. FRONTAGE RD. W.
VAIL, COLORADO 81657
Copies: 1
Attn: DIANE HERMAN Reference:
CLOSER
Copies: 1
Attn: KERRY LOETSCHER Reference:
COPIES
Copies: 1
Attn: Reference:
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 Old Republic National Title Insurance Company
THANK YOU FOR YOUR ORDER
ALLAN NOTTINGHAM
P.O. BOX 5040
AVON, CO 81620
Copies: 1
Attn: Reference:
PICKED UP FOR DELIVERY AM PM
COVENANTS ATTACHED YES NO
i;Y '�'si �.' ������� . � �Y+d a E �+'S'r� ✓ � Y 4 `"H $ rrt �,r4 y s �. � , 1, � i f � 3
x z
��� i S v b N P✓ 1, f i }s L s p L y s o
TITLE INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule
A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest
covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges
* therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the
* policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of
the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company.
CONDITIONS AND STIPULATIONS
1. The term "mortgage ", when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to
disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon
to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge
to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its
option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to
paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon undertaking in
good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or
mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and
such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from Coverage of the form of policy or policies committed
for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
STANDARD EXCEPTIONS
In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above
referred to, this Commitment is also subject to the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in areas, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the public records.
4. 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.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or
mortgage thereon covered by this Commitment.
IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory.
Authorized Signatory
ORT 2582
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(611) 371 -1111
By
Attest
President
Secretary
A L T A C O M M I T M E N T
SCHEDULE A
Our Order No. V21960 -3
For Information Only
- Charges -
ALTA Owner Policy $854.00
Tax Report $20.00
Endrsmt # 100.29 $85.40
- - TOTAL - - $959.40
* ** *WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO. V21960- 3. * * **
1. Effective Date: September 13, 1993 at 8:00 A.M.
2. Policy to be issued, and proposed Insured:
"ALTA" Owner's Policy 10 -17 -92 $260,001.00
Proposed Insured:
TOWN OF AVON, A MUNICIPAL CORPORATION
A
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:
BUCK CREEK ASSOCIATES, A COLORADO PARTNERSHIP
5. The land referred to in this Commitment is described as
follows:
LOT 16, BLOCK 2 BENCHMARK AT BEAVER CREEK SUBDIVISION,
AMENDMENT NO. 4 ACCORDING TO THE PLAT RECORDED SEPTEMBER 5,
1978 IN BOOK 274 AT PAGE 701, COUNTY OF EAGLE, STATE OF
COLORADO.
PAGE 1
A L T A C O M M I T M E N T
SCHEDULE B -1
(Requirements) Our Order No. V21960 -3
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. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF AVON TRANSFER TAX HAVE BEEN SATISFIED.
4. WARRANTY DEED FROM BUCK CREEK ASSOCIATES, A COLORADO PARTNERSHIP TO TOWN OF
AVON, A MUNICIPAL CORPORATION CONVEYING SUBJECT PROPERTY.
NOTE: TRADE NAME AFFIDAVIT RECORDED November 01, 1978 IN BOOK 277 AT PAGE
859 DISCLOSES THOMAS M. LANDAUER DEVELOPMENT CO., JOHN FRANKLIN DONOVAN,
ALLAN R. NOTTINGHAM AND DAVID GORSUCH TO BE THE GENERAL PARTNERS OF BUCK
CREEK ASSOCIATES, A GENERAL PARTNERSHIP.
THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN
ADDRESSES ON DOCUMENTS SENT FOR RECORDING!!
PAGE 2
A L T A C O M M I T M E N T
SCHEDULE B -2
(Exceptions) Our Order No. V21960 -3
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. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED May 04, 1905, IN BOOK 48 AT
PAGE 272.
THE EXISTENCE OF THE MINERAL EXCEPTION AND /OR RESERVATION SHOWN AS ITEM 9,
SCHEDULE B -2, WILL NOT AFFECT OUR ABILITY TO ATTACH COLORADO ENDORSEMENT
NO. 100.29 TO OUR OWNERS POLICY WHEN ISSUED.
10. TERMS, CONDITIONS, OBLIGATIONS AND EASEMENTS OR RIGHTS OF WAY AS SHOWN ON
PLATS RECORDED RESPECTIVELY: FEBRUARY 27, 1974 IN BOOK 233 AT PAGE
566; DECEMBER 26, 1974 IN BOOK 238 AT PAGE 41; AUGUST 11, 1976 IN BOOK 247
AT PAGE 989; OCTOBER 1, 1976 IN BOOK 249 AT PAGE 93; AND SEPTEMBER 5, 1978
IN BOOK 274 AT PAGE 701.
11. 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 IN INSTRUMENT RECORDED
FEBRUARY 7, 1990 IN BOOK 522 AT PAGE 721.
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.
PAGE 3
A L T A C O M M I T M E N T
SCHEDULE B -2
(Exceptions) Our Order No. V21960 -3
NOTE: QUIT CLAIM DEEDS RECORDED MAY 11, 1979 IN BOOK 285 AT PAGE 315 AND
JANUARY 7, 1980 IN BOOK 297 AT PAGE 27.
13. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT
RECORDED September 05, 1978 IN BOOK 274 AT PAGE 701.
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.
Required by Senate Bill 92 -143
A) A Certificate of Taxes Due listing each taxing jurisdiction
shall be obtained from the County Treasurer or the County
Treasurer's authorized agent.
STATE OF COLORADO COUNTY OF EAGLE
OFFICE OF THE TREASURER
ORDER NO: V-21960 /
VENDOR NO: 80002
CERTIFICATE OF TAXES DUE
ISSUED TO: LAND TITLE GUARANTEE
P. O. BOX 357
VAIL, CO 81658
-
RIPTION
BENCHMARK AT 8E REEK
BLOCK 2 LOT 16 L�
*** VACANT LAND ***
TAX LIEN SALE AMOUNT IS SUBJECT TO
CHANGE DUE TO ENDORSEMENT OF THE
CURRENT TAX BY CERT OF PURCHASE
HOLDER. AFTER SEPT 1, PERSONAL PROP.
& MOBILE HOME AMOUNT IS SUBJECT TO
CHANGE. AFTER OCT.1 REAL PROP. TAX
AMOUNT IS SUBJECT TO CHANGE. PLEASE
CONTACT THE TREASURERS OFFICE FOR
CORRECT AMOUNT PRIOR TO REMITTING.
SPECIAL TAXING DISTRICTS AND THE
8OUNDRIES OF SUCH DISTRICTS MAY BE
ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK,
OR THE COUNTY ASSESSOR
FEE FOR ISSUING THIS CERTIFICATE $10.00
PARCEL NO: 0014764
ASSESSED TO:
BUCK CREEK ASSOCIATES
% VAIL BOOKKEEPING & ACCOUNTING
P.O. BOX 5940
AVON, CO 05940
AMOUNTS REFLECTED ARE VALID ONLY UNTIL
CURRENT TAX 4^455.20
TAX DUE
INTEREST
ADVERTISING
PENALTIES
MISC.
TOTAL TAX DUE
STATUS PAII
0.00
0.00
0.00
0.00
0.00
0.00
TAX LIENS OR DELINQUENT TAX
TOTAL AMOUNT TO REDEEM
SPECIAL ASSESSMENTS DUE
TOTAL SPEC. ASSMTS DUE
0.00
TOTAL DUE THIS CERTIFICATE
0.00
rhis certificate does not include land or improveme�—ts—a-ssessed under a separate
schedule number, personal property taxes, transfer tax or misc. tax collected on
5ehalf of other entities, special or local improvement district assessments of
nobile homes, unless specifically mentioned.
l, the undersigned, do herby certify that the entire amount of taxes due upon the
above described parcels of real property and all outstanding sales for unpaid
taxes as shown by the records in mg office from which the same may still be
redeemed with the amount required for redemption are as noted herein. In witness
uhereof, I have hereunto set mg hand and seal t
TREASURER, EAGLE COUNTY SHERRY BRANDON BY.
SCHEDULE NUMBER — 0014764
STATE PARCEL NUMBER — 2105-013-03-006
:-AGLE COUNTY
10.026
$508.82
:-AQLE COUNTY LIBRARY
2.750
$139.56
�MC
3.997
$282.85
RE 50J SCHOOLS
29.306
$1,436.53
[OWN OF AVON
25.573
$1,297.83
%VON METROPOLITAN DISTRICT
12.040
$611.03
]PPER E.V. SAN
2.622
$133.07
:OLO RVR WATER
0.394
$20.00
]PPER E.V. CONS
0.704
$35.73
--C EMER/HOS/SVC
1.375
$69.78
_. �.• - -� r. V I VV , & - WVI ni .vViv,rnvr LnlYnLr VIn%1v 111
The printed portions or this formapp roved by the I
Cnlorodo Real Estate Commission (CSSSC -5.89)
JVJ 949919VI" L
THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING,
VACANT LAND/FARM AND RANCH
CONTRACT TO BUY AND SELL REAL ESTATE
Seller's remedy Liquidated Damages or Specific Performance (Section 16)
(FINANCING SECTIONS OMITTED)
August 31 1
I. PARTIES AND PROPERTY. Town.. of Avon, a munIcipal x Drat -,on
OMOMM [Purchaser],
agrees to buy, and the undersigned MMNXSellerl, agrees to sell, on the terms And conditions set forth in this contract, the following described reel estate
in the County of Ragln , Colorado, to wit:
Lot 16, Block 2
Benchmark at Beaver Creek Subdivision
Town of Avonr Eagle County, Colorado
known as No.
(Sirm Addrorr, C11y, SIT, Zip)
together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon
and all attached fixtures thereon, except as heroin excluded, and called the Property.
2. INCLUSIONS. The purchase price Includes the following items (a) if attached to the Property on the date of this contract: lighting, heating,
plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smokelfirelburglar alarms, security devices, inside telephone wiring
and connecting blocksljacks, plants, mirrors, floor coverings, intercom systems, built -in kitchen appliances, and sprinkler systems and controls; (b) if on
the Property whether attached or not on the date of this contract; built -in vacuum systems (including Accessories), storm windows, storm doors, window
and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves,
storage sheds, all keys And garage door openers including 0 remote controls; And (e)
(d) ftler Rights. Purchase price to include the following water rights: N/A
(e) Growing Crops. With respect to the growing crops Seller and Purchaser agree as follows: N/A
The above-described included items (Inclusions) are to be conveyed to Purchaser by Seller by bill of Salo, NIA
deed or other applicable legal instrument(S) at the closing, free and clear of all taxes, liens and encumbrances, except as provided in section 10.
The following attached fixtures are excluded from this sale:
3. PURCHASE PRICE AND TERMS. The purchase price shall be $ 2 6 0 1 00 1 , payable in U.S, dollars by Purchaser as
follows (complete the applicable terms below):
(a) Earnest Money.
$ 1,00 in the form of gash
as earnest money deposit and part payment of the purchase
price, payable to and held by Seller '
XXX on behalf of both Seller and Purchaser. Broker Is authorized to deliver the earnest money deposit to the closing agent, if any; at or before closing.
(b) Cash at Closing.
;;.240,090 ---- to be paid by Purchaser at closing in cash, electronic transfer funds, certified check, savings and loan tellerls check, or
mshierk check, Subject to the provisions of section 4, if the existing loan balance at the time ofelosing shall be different from the loan balance In section 3,
he adjustment shall be made in cash at closing or paid as follows: not-applicable
FINANCING TRR ONS AND OBLIGATIONS SECTIONS 3 AND 4,
ARia ATTACHED BY REAL EBTATR COMMI p Appi?NDUM A9 FOLLOWS; (check as applicable)
❑ New Loan ,��
❑ Assumption ti
S. GOOD FUNDS, All payments required at closing shall be made in funds which comply with all applicable Colorado laws.
6. NOT ASSIGNABLE. This contract shall not be assignable by Purchaser without Seller's prior written consent. Except aA ao restricted, this
contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties.
Nn. CRSSC•S -A9. VACANT LANs (FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (FINANCING SECTIONS (?RnTTED)
Brudrord Publithinm. 1743 XV.— 4 ru ..... rn a.... ........ .. _..
i; Vlli
QUIII I Dt'AVfUA tt;ieUVPIUF fULt t 0—d1—y3 t tl•UIF'M iUUNINADI'LHIVHLF'1iHNI%jIIT4 3UJ y4yd138;# 4
I
17. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Purchaser and Seller agree that, in (ht event of any
eontrovcrsy regarding the earnest money and things of value held by broker or closing agent, unless mutual written instructions are received by the holder
of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's or
closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and
shall recover court costs and reasonable attorney fees.
18, INSPECTION, Purchaser or any designee, shall have the right to have Inspection(s) of the physical condition of the Property and Inclusions,
at Purchaser's a�Perase. If written notice of any unsatisractory condition, signed by Purchaser, Is not received by Seller or I.Isling Company
on or before N / A , 19 the physical condition of the Property and Inclusions shall
be deemed to be satisfactory to Purchaser. If written notice of any unsatisfactory condition, signed by Purchaser, Is given to Seller or Listing Company
as set forth above In this section, and if Purchaser and Seller have not reached a written agreement in settlement thereof on or before
... N1 A , 19 , this contract shall then terminate, subject to section 17. Purchaser is rosponaible and shall
pay for any damage which occurs to the Property and Inclusions as a result of such inspection,
and its ants (Listing Company) represent Seller. The Listing Company owes duties of trust, loyalty and confidence to Seller o tty he
Listing ConipafiFftiij duty to treat Purchaser honestly, the Listing Company Is Seller); agent and is acting on behalf of Se —ki not Purchaser.
BY SIGNING BELOW, ASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY LISTINO OR SELLINQ,G' ANY THAT LISTINQ
COMPANY IS SELLER'S AGENT--__ter`
The selling broker,
and its sales agents (Selling Company) represen . IF THE BOX IN
REPRESENTS PURCHASER ONLY, AS SET FORT
CHECKED, SELLING COMPANY REPRESENTS SELLERr91
110171TQN (b) IS CHECKED, SELLING COMPANY
1 (b). IF THE BOX IN SUBSECTION (b) IS NOT
FORTH IN SUBSECTION (a).]
(a) Seller. The Selling Company owes du ' rust, loyally and confidence t only. While the Selling Company has a duty to treat
Purchaser honestly, the Selling Compan or agent and is acting on behalf of Seller and no sor, BY SIGNING BELOW, PURCHASER
ACKNOW�IFIRIOR OTICE BY SELLING COMPANY THAT SELLING COMPANY �AGEINT. (b) ecked: The Selling Company owes duties of trust, loyally and Confidence to he Selling
Coro tly, the Selling Company is acting on behalf of Purchaser and not Seller. SELOMPANY
20. ADDITIONAL PROVIS IONS:
a. The balance due at closing in the amount Of $20,000 shall be
treated by the parties as a charitable donation.
b. This transaction is exempt from any real estate transfer tax
Pursuant to Avon Municipal. Coder Ordinance 13.12.060 (A).
C. See Addendum attached hereto and incorporated herein by
reference.
21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Purchaser and Sollor acknowledge that the ISelling Company
or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and
this contract.
22. TERMINATION. In the event this contract is terminatdd, all payments and things of value received hereunder shall be returned and the
parties shall be relieved of all obligations hereunder, subject to section 17. i
33, NOTICE OF ACCEPTANCE/COUNTERPARTS. If this proposal is accepted by Seller in writing and Purchaser receives notice of such
acceptance on or before Shpt t?mb a Ze 3 , 19_ , this document shall become a contract between Seller and Purchaser.
A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be
deemed to be a full and complete contract between the parties.
Purcherer Date
Putchater
Dale
Purchaser's Address P.O. BOX 975.,.--Avon, CO 81620
(TO BE COMPLETED BY SELLER AND LISTING COMPANY)
24. ACCEPTANCE /COMMISSION, Seller accepts the above proposal this day df August _19 JUL ,
as ag u on between Seller and Listing Company for twrviCts in this (ransaCUon. In the event*of forfeiture of payments and things of value tvtd
hereunder, s aymonts and things of value shall be divided between Listing Company and Seller, one -half thereof to Listing Com ut not to
exceed the cnmm s and the helance to Seller.
Date Seller
Sellery Address
The undersigned Selling Company acknowledges receipt or"
Company confirm the respective agency disclosure set forth In section
Selling Company J
Address
Listing Company
By:
By:
(slaealu")
Aare
specified in section 3 and both Selling Company and Listing
cN
ADDENDUM
This addendum dated this 29th day of August, 1993, is to that
certain VACANT LAND /FARM AND RANCH CONTRACT TO BUY AND BELL REAL
ESTATE ( "Contract ") of even date by and between Buck Crook
Associates, a general partnership hereinafter called "Seller" and
The Town of Avon, a municipal corporation hereinafter called
"Purchaser ".
The Parties hereto desire to agree to additional provisions of
the Contract. To the extent that the terms and provisions of this
Addendum conflicts with, modifies or supplements portions of the
Contract, the terms and provisions contained in this Addendum shall
govern and control the rights and obligations of the parties. The
parties agree to the following additional provisions:
Seller's Warranties
seller represents and warrants, as of the date hereof, and as
of the date of Closing, that the following are true and correct:
A. No litigation or investigations. That there is no
pending or threatened litigation, proceeding, or investigation
by any governmental authority or any other person known to
Seller against or otherwise affecting the Property; nor does
Seller know of any ground for any such litigation, proceedings
or investigations; nor is Seller aware of any condition with
respect to the Property or the operation thereof, which
violates any law, rule, regulation, ordinance, code, order,
decree or ruling or any local, state, or federal government,
agency or court; and
B. No special assessments. There are no special assessments
which now burden or encumber the Property, and there are no
special assessments currently proposed as to the Property; and
C. No leases. There are no leases, tenancies or rental
agreements relating to the Property, or to any part thereof,
which cannot be terminated by Seller on or prior to the date
of closing of the transactions provided in the contract; and
D. No easements. Seller has not granted or created, and has
no knowledge of any third parties who may have the right to
claim or assert any easement, right -of -way or claim of
possession not shown by record, whether by grant,
prescription, adverse possession or otherwise, as to any part
of the Property; and
E. No landfill. No part of the Property has ever been used
as a land fill, and no materials have ever been stored or
i deposited upon the Property which would under any applicable
governmental law or regulation require that the Property be
treated or materials removed from the Property prior to the
IN WITNESS WHEREOF, the parties hereto have hereunto placed
their signatures on the day and year written below.
DATED: , 1993
SELLER:
BUCK CREEK ASSOCIATES
A Colorado Partnership
B -�
\1' " Partner
Address:
1) `f; 46 'L
Telephone:
DATED: 1993
, 1993
PURCHASER:
TOWN OF AVON,
1
By: l G
A lb or eynold , May
i
A�tt�t
By:
Patty Neyhar , Tow Clerk
Address:P.O. ox 975
Avon, CO 81620
Telephone: (303) 949 -4260