04-21-1982 AG Lot 63 B2 Benchmark at Beaver Creek AG Between Peregine Properties Ltd & TOALAW OFFICES
COSGRIFF, DUNN & FRENCH, P. C.
P. O. BOX 340
VAIL,COLORADO 81658
PETER COSGRIFF (303) 476 -75 52
JOHN W. DUNN
ROBERT H. S. FRENCH
STEPHEN C.WEST
TIMOTHY H. BERRY
DAVID H. MILLER
ARTHUR A. ABPLANALP, JR.
JOHN B. WOOD
April 21, 1982
Peregrine Properties, Ltd.
P. 0. Box 497
Avon, Colorado 81620
Dear Sirs:
RE CE IVED.'.01R27t98?
LEADVILLE OFFICE:
P. 0. BOX II
LEADVILLE, COLORADO 80461
(3031 486 -1885
BRECKENRIDGE OFFICE!
P. O. BOX 588
BRECKENRIDGE, COLORADO 80424
(303) 453 -2901
Re: Lot 63, Block 2, Benchmark at Beaver
Creek, Avon, Colorado
This office represents the Town_ of Avon, Colorado.
As you may be aware, the Town of Avon has recently had under
consideration the realignment of several curves along
Benchmark Road adjacent to property which you own in
Benchmark at Beaver Creek Subdivision. Because this
realignment would affect property owned by you, it is
necessary that the Town solicit your cooperation in
attempting to resolve the existing problem.
You will find enclosed a map which indicates the
realignment of Benchmark Road which is proposed by the Town.
It is the Town's desire that the property in question be
acquired without injury to any vested rights of the
adjoining landowner. Consequently, we have, at the Town's
request, prepared an agreement for road easement by which
you would be able to agree to the Town's use of this
property while reserving to yourself the right to consider
the affected land in any computation of available square
footage. Additionally, you would be able to continue using
the original lot line for purposes of setback requirements.
Should you have any questions regarding the
contents of this letter or the other Town's proposal for the
realignment of Benchmark Road, please contact me at the
above telephone. Because the Town desires to complete the
realignment of Benchmark Road this summer, we would
appreciate your response to this letter at your earliest
opportunity.
Thank you for your attention to this matter.
AAAJr:kem
Enc.
cc: Norman Wood, Town Engineer
A G R E E M E N T
THIS AGREEMENT made s0aa the j� /day of�,
z 72)
1982, between PEREGRINE PROPERTIES, . , a
(hereinafter collectively the "Owner "), which
expression shall include its successors in interest and
assigns, whose address is Post Office Box 497, Avon,
Colorado 81620, and the Town of Avon (hereinafter the
"Town "), of Eagle County, State of Colorado, which
expression shall include its successors in interest and
assigns, whose address is Post office Box 975, Avon,
Colorado 81620.
W I T N E S S E T H:
WHEREAS, the Owner owns and has title to certain real
estate located in the Town of Avon, County of Eagle, State
of Colorado described as Lot 63, Block 2, Amendment Number
4, Benchmark at Beaver Creek, Official Plat, Town of Avon,
County of Eagle, State of Colorado as recorded in the office
of the Eagle County Clerk and Recorder_, and
WHEREAS, the Town owns and is responsible for a certain
street within the Town of Avon identified as Benchmark Road,
and
WHEREAS, the Owner and the Town desire to accomplish
the realignment of Benchmark Road in a manner which improves
public safety while preserving certain rights attached to
affected portions of the aforementioned lot.
NOW, THEREFORE, in consideration of the keeping of
the mutual covenants, agreements, conditions and
stipulations herein contained, it is mutually covenanted,
stipulated and agreed by and between the parties hereto as
follows:
1. The Owner hereby grants to the Town an
easement and right- of -wav, together with the full and free
right for the Town to enter upon, take possession of, and
improve as a public roadway, utility corridor, and for such
�\ -'
other related purposes as may be determined necessary by the
Town, over, across and under the following described portion
of the aforementioned lot described on Exhibit A hereto.
2. That the Town agrees that for purposes of
computing lot area and setbacks from lot lines, the Town
shall continue to recognize the lot lines described on the
above - mentioned plat which would otherwise be affected by
this conveyance, unless the Town acquires such property in
fee by judicial proceedings or other action by which the fee
title to the property is conveyed to the Town.
3. It is further understood and agreed that upon
taking possession of the above - described property, the Town
shall be solely responsible for its condition and
maintenance, and the Owner shall have no duty relating to
such property.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above written.
PEREGRINE PROPER ,
OWNER
By-
Title:
ATTEST:
Notary ublic: P. O. Box 475, Avon, CO 81620
My Commission Expires: May 20, 1985
TOWN OF AVON, COLORADO
By:
Ma 4
Uown Cler
a i `
� _ m
_a
0
M1
J
c�
v
3
/
_a
0
M1
J
c�
v
3