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TC Ord. No. 1981-11A, 0 a ORDINANCE NO. 81-11 Series of 1981 AN ORDINANCE ESTABLISHING A PEDESTRIAN MALL ON A PORTION OF TRACT G. BLOCK 2, TOWN OF AVON; MAKING THE DETERMINATIONS REQUIRED BY LAW; SETTING FORTH REGULA- TIONS FOR USE OF THE PEDESTRIAN MALLS BY VEHICLES; STATING THAT THERE WILL BE NO ASSESSMENTS FOR THE COSTS OF ESTAB- LISHMENT AND IMPROVEMENTS OF THE MALLS IN ACCORDANCE WITH THIS ORDINANCE EXCEPT AS AGREED TO BY ADJACENT PROPERTY OWNERS; SETTING FORTH THE MANNER OF PAYMENT OF COSTS AND CLAIMS FOR THE ESTABLISHMENT OF A PEDESTRIAN MALL; MAKING FINDINGS AND RULINGS ON THE CLAIMS FOR DAMAGES SUBMITTED TO THE TOWN COUNCIL; AND SETTING FORTH DETAILS IN RELATION TO THE FOREGOING WHEREAS, the Town Council adopted Resolution No. 80-16, Series of 1980, expressing its intention to establish a certain pedestrian mall with limited vehicular use, and Resolution No. 81-5, Series of 1981, establishing said mall; WHEREAS, after Notice was duly published, a public hearing was held by the Town Council on May 12, 1981, for the purpose of hearing claims presentations; and WHEREAS, it is the opinion of the Town Council that it would be in the public's interest that certain areas be used as a pedestrian mall and therefore establishes the same; NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: Section 1. The following streets and public ways within the Town of Avon shall be established as pedestrian malls with vehicular travel thereon limited in accordance with Section 2 of this Ordinance: See Exhibit "A" attached hereto and incorporated herein by reference. Only streets or public ways specifically referred to in this Ordinance are established as a pedestrian mall, and nothing herein shall be construed to establish or create any other streets or public ways within the Town of Avon as pedes- trian malls. Section 2. The pedestrian malls hereby established shall be primarily for the use of pedestrians, but vehicular traffic may use the same in accordance with the following restrictions: 0 0 (a) Public transportation vehicles operated by the Town; and (b) Emergency vehicles. Section 3. All costs and expenses of establishing the pedestrian mall and making improvements thereto shall be paid by and special assessment shall be levied against, the Town and owners of lands abutting the pedestrian mall in accor- dance with the Agreement attached hereto as Exhibit "B", the provisions of which are incorporated herein and made a part of this Ordinance. Section 4. After the expiration of thirty (30) days from the date of the final action and approval by the Town Council of this Ordinance, all actions or suits attacking its findings, determinations and contents, and of all proceedings relating thereto, shall be perpetually barred and shall be conclusive of the facts so stated in this Ordinance in every court or tribunal. In order for one to have standing to sue, he or she must have asserted his or her protests, remonstrances and objections in accordance with those particulars contained in the notice relating to the proceedings on the formation of the pedestrian malls. Section 5. The officers of the Town of Avon are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this Ordinance. Section 6. If any part, section, subsection, sen- tence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance and each part, section, subsection, sentence, clause or phrase hereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED POSTED this ~~day of May, 1981, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the ~W~-L day of 1981, at 7:30 P.M., in the Offices of the Town. TOWN OF AVON r By C A.' . . a Mayor -2- Z~ i • INTRODUCED, READ, ADOPTED AND ENA D ON SECOND READING AND ORDERED POSTED THIS,25,dj day of , 1981. TOWN OF AVON By ST: Town Cle -3- META{` "AND BOUNDS DEOCRIPTION FOR AVON MALL EXHIBIT "A." P~ ©t~t1 G USA 14544 N91 scale s 66 • ire 3o u Ld~8EG/NN/rvG ♦ LOT 6¢ :!~rzpw AVON MALL sea Metes ,and bounds description of a tract of land to be known as Avon Mall located in the northwest 1/4 of section 12 township 5 south range 82 west as shown on the official plat - Town of Avon, Eagle County, Colorado - and final subdivision plat amendment #4 benchmark at Beaver Creek, more particularly described as follows: - Beginning at the northwest corner of lot 64 as shown on said plat, thence north 36o 56' 39" east a distance of 369.19 feet, thence south 231' 12" east a distance of 346.33 feet, thence south 6558' 08" east a distance of 520.00 feet, thence south 850 31' 22" east a distance of 125.26 feet, thence south 200 58'•08" east a distance of 85.00 feet, thence south 690 01' 52" west a distance of 120.00 feet, thence north 20 58' 08" west a distance of 75.00 feet, thence north 650 58'-08" west a distance of 255.00 feet, thence south 690 01' 52" west a distance of 42,43 feet, thence north 650 58' 08" west a distance of 72.47 feet, thence north 209 58' 08" west a distance of 42.43 feet, thence north 650 58' 08" west a-distance • or 410.00 feet, to the POINT OF BEGINNING containing 90,025.5 square feet or 2.0667 acres more or less. 3355 E. EXPOSITION AVE- DENVER, COLO. - 80209 O 18iT A H.1%aAREA COBS 303' 744-1851-- - - _ _ ENGINEERS ARCHITECTS' ~LA'NHERS STATE OF COLORADO_ ) COUNTY OF EAGLE ) SS TOWN OF AVON ) n NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN,OF AVON, COLORADO,"AT 7:30 P.M. ON THE.,26th DAY OF MAY, 1981•AT'THE TOWN HALL,.0082 EAST BEAVER CREEK BOULEVARD, AVON, COLORADO" FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#81-1'1 SERIES OF 1981: AN ORDINANCE ESTABLISHING A PEDESTRIAN MALL ON A PORTION OF TRACT G', BLOCK 2;, TOWN OF AVON; MAKING THE DETERMINATIONS REQUIRED BY LAW; SETTING FORTH REGULATIONS FOR USE OF THE PEDESTRIAN MALLS BY VEHICLES; STATING-THAT THERE WILL BE NO ASSESSMENTS FOR-THE COSTS OF ESTABLISHMENT AND IMPROVEMENTS OF THE MALLS IN ACCORDANCE WITH THIS ORDINANCE EXCEPT AS AGREED TO BY ADJACENT PROPERTY OWNERS; SETTING FORTH'THE MANNER OF PAYMENT OF COSTS AND CLAIMS FOR THE ESTABLISHMENT OF A PEDESTRIAN MALL"; MAKING FINDINGS AND RULINGS ON THE CLAIMS FOR DAMAGES SUBMITTED TO THE TOWN COUNCIL; AND SETTING FORTH DETAILS IN RELATION TO THE FOREGOING. A copy of said Ordinance is attached hereto and is also on file at the Office of the Town'Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and published by order of the'.-Town Council of the Town of Avon,-Colorado. Dated this 14th Day of May, 1981: TOWN OF AVON, COLQWO BY: Town POSTED AT THE FOLLOWING PUBLIC PLACES'WITHIN-THE TOWN OF AVON ON MAY, 14th, 1981: THE NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, AVON POST OFFICE, THE MAIN ENTRANCE OF CITY MARKET THE PESTER GAS STATION; AND THE TOWN OFFICE, SECOND FLOOR, BENCHMARK SHOPPING CENTER. MALL AGREEMENT THIS AGREEMENT is entered into as of the day of 1981, among the Town of Avon, a municipal corpora- tion (herein "the Town"), Avon Center at Beaver Creek, Timber- line Properties Corporation, Marcos 11. Suarez, HAL Construction, Inc., and Peregrine Properties, Ltd. For convenience, all of the parties other than the Town are herein collectively referred to as "the Property Owners", and individually as a "Property .Owner," and such terms shall include their respective successors in interest to the real property described on Exhibit "A". 1. Recitals. Each of the Property Owners owns the fee simple title to the land set forth after such Property owners' name on Exhibit "A" attached hereto. The Town is the owner of the land described as the "Avon Mall" on Exhibit "B" attached hereto. Each of the parties desires that the Avon Mall, and eventually certain additional property adjacent thereto, be developied as a public pedestrian mall for the mutual benefit of all of the parties, and that the costs of developing and maintaining the Mall be shared among them as hereinafter set forth. 2. Designation of Public Pedestrian Mall. (a) The property described on Exhibit "B" together with any additional property conveyed to the Town pursuant to paragraph-11 shall be developed as a public pedestrian mall in accordance with the provisions of this Agreement. The principal use of the Mall shall be for pedestrian traffic; however, with the prior written consent of the Town and the Advisory Committee (as hereinafter defined), portions of the Mall may be used for recreational and leisure activities so long as such activities do not unreasonably interfere with ingress to or egress from any of the land adjacent to the Mall owned by a Property Owner, or with the reasonable use and enjoy- ment of any adjacent property owned by a Property Owner. With the prior written consent of the Town and the Advisory Committee, each Property Owner may use the portion of the Mall conveyed to the 1 Town by such Property Owner pursuant to paragraph 11 for outdoor restaurants or cafes, or similar outdoor commercial uses, and with the unanimous consent of the Town and the Advisory Commit- tee any Property Owner may use additional portions of the Mall for suth purposes; however, any Property Owner using a portion of the Mall for any commercial use (i) shall bear all expenses relating to any such commercial use of any portion of the lull (including but not limited to the initial costs of construction for such commercial use, the costs of additional improvements necessary or used in connection with such commercial use, and all operating costs relating thereto); and (ii) must pay the Town a reasonable fee determined by the Advisory Committee with the approval of the Town, which fee will be placed in the Mall Operating Fund as designated in paragraph 7 hereof, and Ciii) may not change such use without the consent of the Advisory Committee and the Town. (b) Motor vehicular traffic shall be prohibited on the Mall with the following exceptions: (i) Public transportation vehicles operated by the Town or other public entities; and (ii) Emergency vehicles. 3. Commercial Advisory Committee. (a) There shall be formed an advisory committee (the "Advisory Committee") comprised of five members appointed as follows: (i) One member representing the Town shall be appointed by the Mayor of the Town; (ii) One member representing the owner or owners of Lots A, B and C, Avon Center at Beaver Creek (presently Avon Center at Beaver Creek), shall be appointed by Avon Center at Beaver Creek until such time as all phases,,of the commercial and residential condominium project currently approved for-,construction on such property are completed, or on January 1, 1990, whichever is earlier, at which time the power to designate shall pass:to.the or: owners of the commercial space in such project.,-,.Such owner land is hereinafter sometimes referred to-as "Parcel (iii) One member representing the owner or owners of Lot 56 (presently Timberline Properties Corporation and Marcos M. Suarez) shall be appointed by the owner or owners of Lot 56. Such land is hereinafter sometimes referred to as "Parcel II;" 0 • (iv). one member representing the owner or owners of Lot 61 (presently ri',L Construction, Inc.) shall be appointed by the owner or owners of Lot 61. Such land is hereinafter some- times referred to as Parcel III; and (v) One member representing the owner or owners of Lots 62, 63 and 64 (presently Peregrine Properties, Ltd.) shall be appointed by the owner or owners of such lots. Such land is hereinafter sometimes referred to as "Parcel IV." If any of the land the owner or owners of which is entitled to appoint a member of the Advisory Committee is hereinafter com- mitted to the condominium form of ownership, the president of the commercial owners association formed to administer the affairs of the owners of commercial space on such land shall be entitled to designate the member of the Advisory Committee representing such land; otherwise, if any of such land is owned by more than one owner, the owners of more than an undivided 50 percent fee simple interest in such land shall be entitled to designate the member of the Advisory Committee representing such land. (b) Each party authorized to designate a member of the Advisory Committee may change such designation from time to time by delivering a written notice to the Town designating a new member of the Advisory Committee. Upon delivering such notice, the new designee shall automatically and instantaneously replace the former designee as the member of the Advisory Com- mittee representing the owner of such property. (c) Meetings of the Advisory Committee may be called by either the,Town, or by any three representatives of the Ad- yisory Committee. All meetings of the Advisory Committee shall be held in the Town of Avon, Colorado. The party or parties calling the meeting shall give all other members at least 10 days prior written notice of each meeting of the Advisory Com- mittee setting forth the time and place of the meeting and the purposes for which the meeting is being called. (d) All decisions of the Advisory Committee shall',:be made by a majority vote of the members of the Advisory-Committee] - 3 - however, such majority must include either the representative of Parcel I,or Parcel IV. A majority of the members of the Advisory Committee shall be a quorum at any meeting of the Advisory Committee. Members may act by written proxy only. (e) The Advisory Committee shall elect a Chairman and a Secretary from among their members, who shall serve at the pleasure of the Advisory Committee until their successors are duly elected. The Secretary shall keep accurate minutes of all actions of the Advisory Committee which shall be avail- able for inspection by all members at all reasonable times. (f) The Advisory Committee may adopt rules and regu- lations governing its procedures and activities as long as such rules and regulations are not in conflict with this Agree- ment. 4. Plans and Specifications of the Mall. Except for the initial year, on or before May 1 of each year, the Advisory Committee shall approve all plans and specifications for the develop- of the portion of the Mall to be constructed that year, and shall submit its recommendations to the Town for its final approval. No Mall improvements may be constructed without the prior approval of the Advisory Committee and the Town. The Mall shall be planned, laid out and constructed generally for the equal bene- fit of all Property Owners and shall not confer special benefits on an-y one Property Owner. 5. Building and Operatinq Responsibility, The Town shall have the responsibility for constructing and maintaining the Mall, subject to the provisions hereof. The Town may pub- lish and enforce fair and reasonable regulations with respect to the use of the Mall, all of which shall be uniformly applied, as long as such rules and regulations are not in conflict with this Agreement. 6. Mall Construction Fund. (a) The Town shall establish and maintain under its control a Mall Construction Fund, into which shall be contributed all funds necessary,-,- for planning and constructing the physical improvements to the Mall, and from which shall be paid all expenses of plan- - 4 - ning and constructing the :1all, including but not limited to any architectural and landscaping plans and specifications, landscaping costs, the costs of constructing sidewalks,, borders, and garden areas, pools, fountains, benches and so forth. (b) The cost of constructing the Mall shall be paid 25% by the Town and 75% by the Property Owners. Each Property owner's share of the cost shall be determined by multiplying the Property Owner's share (i.e., 75% of the total costs) by a fraction, the numerator of which shall be the length of such Property Owner's present property line adjacent to the Mall and the denominator of which is the total length of all property lines adjacent to the Mall, except land owned by the Town. 7. Payment to the Mall Construction Fund. Except in the initial year, on or before May 1 of each year commencing in 1982, the Advisory Committee shall determine the amount of construction funds necessary to construct the portion of the Mall to be built in that fiscal year, and shall ask the Town to approve a construction budget for that year in such amount. If the Town approves such recommendation, the Town shall give notice to each Property Owner of its share of such construction bud- get, and the Town and each Property Owner shall no later than June 1 of each year deposit in the Mall Construction Fund such party's pro rata share of the approved construction budget. (b) Notwithstanding the foregoing, any Property Owner who has not obtained a building permit for any improvement on such Property Owner's land shall not be required to deposit any amount into the Mall Construction Fund until the earlier of (i) the date upon which such Property Owner first makes applircation to the Town for a building permit for any improve- ment on such Property Owner's property, or (ii) three years after the date hereof. At the time such Property Owner's initial payment to the Mall Construction Fund becomes due, as set forth above, such Property owner shall pay into the - 5 - Mall Construction Fund its pro rata share of the approved Mall construction budget for the year in which such payment is made and for all prior years. (c) The Town may draw upon the Mall Construction Fund from time to time only to pay the actual approved out-of- pocket costs of planning and constructing the Mall. Each Property Owner shall be entitled at all reasonable times to have access to and to copy all records pertaining to the Mall Construction Fund. (d) Without the prior written consent of all Prop- erty Owners and the Town, the costs of planning and construct- ing thb Mall shall not exceed $600,000 plus any interest earned on the Mall Construction Fund and any voluntary contributions to the Mall Construction Fund. 8. Mall Operating Fund. (a) The Town shall estab- lish and maintain under its control a Mall Operating Fund, into which shall be contributed and from which shall be paid, all funds necessary for operating, insuring and maintaining the Mall, including but not limited to the costs of cleaning, repairing and renovating the Mall in accordance with the plans and specifi- cation approved under Paragraph 4. (b) The cost of operating the Mall shall be paid 25% by the.Town and 75% by the Property Owners. Each Property Owner's share of the cost shall be determined by multiplying the Property owner's share (i.e., 75% of the total costs) by a fraction, the numerator of which shall be the length of such Property Owner's present property line adjacent to the Mall and the denominator of which is the total length of all property lines adjacent to f the Mall, except land owned by the Town. 9. Payment to the Mall Operating Fund. (a) On or before December 1 of each year the Advisory Committee shall - 6 - determine the amount of Operating funds necessary for the,,-'fol- lowing year and shall request the Town to approve an operating budget for the forthcoming year in such amount. If the Town approves such recommendation, the Town shall give notice to each Property Owner of its share of such operating budget, and the Town and each Property Owner shall no later than January 1 of the following year deposit in the Mall Operating Fund such party's pro rata share of the approved operating budget. (b) The Town may draw upon the Mall Operating Fund from time to time only to pay the actual approved out-of-pocket expenses of operating the Mall. Each Property Owner shall be entitled-at all reasonable times to have access to and to copy all records pertaining to the Mall Operating Fund. (c) Without the prior written consent of all Property Owners, (i) no Property Owner shall be required to contribute to the Pall Operating Fund in any year more than $5.00 per $1,000 assessed valuation of such Owner's property, and (ii) the Mall Operating Fund in any year shall not exceed $5.00 per $1,000 total assessed valuation of all of the Property described on E.khibit A. 10. Delinquencies, Liens. (a) Each Property Owner's obligation to make payments to the Mall Construction Fund and the mall Operating Fund and to pay interest if delinquent is secured by a.:lien against such Property Owner's property. Such amount may be certified to the County Assessor of Eagle County for collet-tion as a special assessment. If any Property Owner is delinquent in making any payment to the Mall Construction Fund or the Mall Operating Fund, and such delinquency continues for a period of 30 days after written notice thereof given by the Town or any member of the Advisory Committee, such lien may be foreclosed by any member of the Advisory Committee in the manner for foreclosing a mortgage under the then current laws of the State of Colorado. The proceeds of any such foreclosure sale shall be used first to pay any costs of such foreclosure, including -7- reasonable attorneys' fees{ with the balance deposited in the Mall Construcan Fund or the Mall Opera g Fund, as appropriate. (b) Each Property Owner shall pay interest on any delinquent payment to the Mall Construction Fund or the Mall Operating Fund at the rate of 3 percent per year over the prime rate charged from time to time by United Bank of Denver, N.A., from the date of delinquency until cured. In addition, each delinquent Property owner shall reimburse any Member of the hc~isor.' Committee participating in the foreclosure for all reasonable costs incurred in collecting any delinquency including but not limited to court costs and reasonable attorneys' fees. 11. Additional Property. Promptly after completion of any improvement on Parcel I, II, III or IV, the owner or owners of such Parcel shall convey to the Town, by warranty deed, all real property between such improvement and the Mall, and such other property as such Property Owner and the Advisory Committee may agree upon, free and clear of all liens and en- cumbrances except patent reservations, utility easements and taxes not then delinquent (which taxes shall be paid by the former owner or owners). The Town agrees to accept such con- vevances. Upon such conveyance, the land conveyance shall automatically and instantaneously become part of the "Mall" I as that term is used herein. The provisions of this paragraph 11 may be specifically enforced. 12. Condominiums. If Parcel I, II, III or IV are hereinafter made subject in whole: or in part to a condominium declaration, the condominium association created in connection with such condominium declaration (a) shall be responsible to collect and remit to the Town all monies which the owner or owners of,such lot are required to pay into the Mall Construction Fund or the :tall Operating Fund, and (b) may be sued for any delinquency in paying any such monies. In such case, the lien securing the owner or owners obligations to pay such monies-to' the Town shall be a lien against the entire Parcel involved: 13. Successors. Each party who hereinafter acquires title to all or any part of the property described on Exhibit "A", - 8 - or the mall, shall be subject to all of the provisions of this Agreement pertaining to such property, and by their acceptance of a deed to such property shall be deemed to have consented . to and accepted the terms hereof. 14. Acceptance by Lenders. Some of the real-property described in Exhibit "A" is subject to a deed of trust or mort- cage which is prior to this Agreement. If any property des- cribed on Exhibit "A" ever becomes owned in a manner such that it is not subject to this Agreement, this Agreement shall auto- matically become null and void. 15. Miscellaneous.. This instrument (a) embodies the entire agreement, representations and warranties among the parties with respect to the subject matter hereof, and it super- sedes•all prior agreements and negotiations, (b) may not be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom en- forcement of the change, waiver, discharge or termination is sought, (c) shall be governed by the laws of the State of Colorado, and (d) shall bind and inure to the benefit of the parties and their respective successors in interest to any of the real property described in Exhibits "A" and "B", attached hereto. The headings in this Agreement are for convenient reference only and shall not limit or otherwise affect the interpretation or effect of any term or provision hereof. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. ATTEST: E THE TOWN OF AVON, a municipal corporation (25X) By Mayor -9--! AVON CENTER AT BEAVER CREEK (37.65x) ATTEST: TIMBERL ATTEST: ATTEST: /~SS1 T c'/4r 7,19X PROPERTIES CORPORATION (3.23x) HAL CONSTRUCTION, INC. (12.15x) By / / G 6 PEREGRINE PROPERT By 8%) The foregoing in trument was ackn wledgged-be re me this da f C 1981, by t, V % .1 as Town Clerk fo the 00 as Mayor and of Avon. WITNESS my hand and official seal. / ~am My commission expires : My Commission expires 01a .3' "Public - 10 - STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) 0 STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was ac wle g bef re me this day of _ 81/ by as President anas Secretary of Avon Center at Beaver reek. WITNESS my hand and official seal. My commission expires: mfission expires April 14, 1984 - Co STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The fore oing instrument was a kn w],e ge re me this day of 1981, by as President an as Secretary of Timberline Properties Corporation. WITNESS my hand and official seal. My commission expAjFmission expires April 14, 1984 STATE OF COLORADO COUNTY OF EAGLE ss. } The forego' g instrument was acknowledged before me this 43'd day of , 1981, by Marcos M. Suarez. WIT14ESS my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) _J The foregoing instrument was acknowledged before me this day of 1981, by h,,cj,,,,,r ,b..e as President an as Asyr Secretary of HAL Construction, Inc. WITNESS my hand and official seal. - My commission expires: MI Commission expires April 14, 1984 - M't . m c~ Notary blic of u tic Notar ublic - 11 - 0 STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this 16 day of April , 1981, by Kenneth J. Hayes as Genera Partner as Secretary of Peregrine Properties, Ltd. WITNESS my hand and official seal. my commission expires: Notary ubli 7/7 r - 12 - 0 f EXHIBIT A Prope-rty-Owner - - Avon Center at Beaver Creek Timberline Properties Corporation and Marcos M. Suarez HAL Construction, Inc. Peregrine Properties, Ltd. Real Propertv Lots A, B and C, Avon Center at Beaver Creek, according to the TUlat thereof recorded in Book 309 at page 600, a resubdivision of Lots 47, 48, 49, 50, 51, 52, 53 ar;u 54, Block 2 Benchmark at Beaver Creek, Amendment No. 4, Tow.-i of Avon, Eagle County, Colorado. Lot 56* Lot 61* Lots 62, 63 and 64* `Such Lot or Lots are in Block 2 as per the Official Plat, Town of Avon, Eagle County, Colorado, and Final Subdivision Plat Amendment No. 4, Benchmark at Beaver Creek recorded September 5, 1978 in Book 274 at Page 701. OR AVON MALL Q C/ INi~1'G \ F /.~n $CO/~° T~ :r c~ ~.l'E•US t. 4 " i W Ile i 0') W 3 N . 5 5 S? m c>. ~,ti4 ~yGS"Sd ~9'W y20°~8'QB"~ 42.4_x' r /~2o°SBi:'a'i✓~ oD J LOT ' /YES? 347 AVON MALL I Metes and bounds description of a tract of land to be known as Avon Mall located in the northwest 1/4 of section 12 township 5 south range 82 west as shown on the official plat - Town of Avon, Eagle County, Colorado and final subdivision plat amendment r4 benchmark at Beaver Creek, more particularly described as follows: Beginning at the northwest corner of lot 64 as shown on said plat, thence north 360 56' 39" east a distance of 369.19 feet, thence south 20 31' 12" east a distance of 346.33 feet, thence south 650 58' 08" east a distance of 520.00 feet, thence south 850 31' 22" east a distance of 125.26 feet, thence south 200 58'-08" east a distance of 85.00 feet, thence south 690 O1',52" west a distance of 120.00 feet, thence north 200 58' 08" west a distance of.75.00 feet-, thence north 650 58' 08" west a distance of 255.00 feet, thence south 690 01' 52" west a distance of 42.43 feet, thence north 650 58'-08"' we'st a distance of 72.47 feet, thence north 209 58' 08" 41%st a distance of 42.43 feet, thence north 650 58' 08" west a distance or 410.00 feet, to the POINT OF BEGINNING containing 90,025.5 square feet or 2.0667 acres more or less. Ox;bk 3955 E. EXPOSITION AVE. U V% DENVER, COLO. 80209 AREA CODE 303 744-1851 ENGINEERS ARCHITECTS PLANNERS i~ • .A