04-29-1980 Benchmark at BC Assignment,Assumption,and NovationIL9871 "l Recorded at 3:00 P.M. April 0, 19£30 Fee $6.00 pd.
-Book 302 Page 326 )Recorder: Johnnette Phi',�.�ps Eagle County
ASSIGNMENT, ASSUMPTION AND NOVATION
This Assignment, Assumption and Novation is made this
29th day of April, 1980, by and between Benchmark at Beaver
Creek, a Colorado limited partnership ( "Benchmark "), the Avon
Metropolitan District, a Colorado quasi - municipal corporation
(the "District ") and the Town of Avon, Colorado, a Colorado
municipal corporation (the "Town ").
DT?rTMAT.-q
A. By Quitclaim Deed of even date herewith, Benchmark has
conveyed to the Town "Tract G ", Benchmark at Beaver Creek Subdivision,
Amendment No. 4, according to the recorded plat thereof in Book 274
at Page 701 of the real property records of Eagle County, Colorado,
subject to that certain Ground Lease between Benchmark, as lessor,
and the District, as lessee, dated April 9, 1980, and recorded in
Book 302 at Page 258 of said records (the "Ground Lease ") which
by this reference is. fully incorporated herein.
B. In connection with the above - mentioned conveyance, the
parties hereto desire that Benchmark assign its interest in the
Ground Lease to the Town, that the Town accept such assignment
and assume the lessor's obligations under the Ground Lease, and
that the District attorn to the Town as lessor and release Benchmark
from any and all obligations as lessor under the Ground Lease.
ASSIGNMENT, ASSUMPTION AND NOVATION
NOW, THEREFORE, for good and valuable consideration received
by each of the parties to this Agreement, the receipt and sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. Assignment. Benchmark hereby assigns and sets over to the
Town all of Benchmark's right, title and interest in and to the
Ground Lease.
2. Acceptance and Assumption. The Town hereby accepts Benchmark's
assignment as provided in paragraph 1 above, and hereby assumes,
and agrees to perform and fulfill,any and all of the lessor's
obligations pursuant to the Ground Lease; the Town agrees to
indemnify and hold Benchmark harmless from and against any
damage, expense, claim or liability arising from the lessor's
default under the Ground Lease from and after the date hereof.
3. Attornment and Release. The District hereby agrees to
attorn to the Town as lessor under the Ground Lease, and further
agrees to release Benchmark from any and all of the lessor's
obligations pursuant to the Ground Lease.
4. Successors and Assigns. This Agreement shall bind and inure
to the benefit of the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties have executed this
Assignment, Assumption and Novation as of the day and year
It . above written.
p
ATTEST:
r `1
Patricia J. oyle,
Town Clerk
ATTEST:
BENCHMARK AT BEAVER CREEK,
a Colorado limited partnership,
by BENCHMARK -AVON PROPERTIES,
a Colorado general partnership
and general partner.
By:
A.J-. Well managing partner
THE TOWN F AVON, COLORADO,
a Colorado municipal corporation
By: X�tO
A` o . A1pi__,_TM_ay9fr
AVON METROPOLITAN DISTRICT,
a Colorado quasi- municipal corporation
Gary R Stevens, Secretary Allan R. Nottingh , Vice President
$ATE OF COLORADO)
Ss.
u46VPTY OF EAGLE )
e foregoing instrument was acknowledged before me this
dayt of April, 1980, by A.J. Wells as a managing partner of
E HM70K -AVON PROPERTIES, a Colorado general partnership and
X6?4j' partner of BENCHMARK AT BEAVER CREEK, a Colorado limited
• j�� rj6i hip.
4 o�� ,G ,titness my hand and off i 1 seal.
My commission expires:
s
Notary Public
- 2 -
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
"The foregoing instrument was
Tay of April, 1980, by Angelo
tra:ca.a Doyle, as Town Clerk,
Qoon created under the laws
acknowledged before me this
V. Alpi, as Mayor, and
of the Town of Avon, a municipal
of the State of Colorado.
.,fitness my hand and official seal.
.My,commission
PE OF COLORADO)
COUNTY OF EAGLE )
expires: 1,211_�ZZ2L3
L-Ndtary Public
ss.
The foregoing instrument was acknowledged before me this
` day of April, 1980, by Allan R. Nottingham, as Vice
President , and Gary R. Stevens, as Secretary,
of Avon Metropolitan District, a quasi - municipal corporation created
under the laws of the State of Colorado.
Witness my hand and official eal.
My. commission expires: 1 �.
`
IV ..
G . � e
otary
- 3 -
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e r`0�,
N
ASSIGNMENT, ASSUMPTION AND NOVATION
This Assignment, Assumption and Novation is made this
29th day of April, 1980, by and between Benchmark at Beaver
Creek, a Colorado limited partnership ( "Benchmark "), the Avon
Metropolitan District, a Colorado quasi - municipal corporation
(the "District ") and the Town of Avon, Colorado, a Colorado
municipal corporation (the "Town ").
nL1r•rmnr.c
A. By Quitclaim Deed of even date herewith, Benchmark has
conveyed to the Town "Tract G ", Benchmark at Beaver Creek Subdivision,
Amendment No. 4, according to the recorded plat thereof in Book 274
at Page 701 of the real property records of Eagle County, Colorado,
subject to that certain Ground Lease between Benchmark, as lessor,
and the District, as lessee, dated April 9, 1980, and recorded in
Book 302 at Page 258 of said records (the "Ground Lease ") which
by this reference is fully incorporated herein.
B. In connection with the above - mentioned conveyance, the
parties hereto desire that Benchmark assign its interest in the
Ground Lease to the Town, that the Town accept such assignment
and assume the lessor's obligations under the Ground Lease, and
that the District attorn to the Town as lessor and release Benchmark
from any and all obligations as lessor under the Ground Lease.
ASSIGNMENT, ASSUMPTION AND NOVATION
NOW, THEREFORE, for good and valuable consideration received
by each of the parties to this Agreement, the receipt and sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. Assignment. Benchmark hereby assigns and sets over to the
Town all of Benchmark's right, title and interest in and to the
Ground Lease.
2. Acceptance and Assumption. The Town hereby accepts Benchmark's
assignment as provided :in paragraph 1 above, and hereby assumes,
and agrees to perform and fulfill,any and all of the lessor's
obligations pursuant to the Ground Lease; the Town agrees to
indemnify and hold Benchmark harmless from and against any
" --N
damage, expense, claim or liability arising from the lessor's
default under the Ground Lease from and after the date hereof.
3. Attornment and Release. The District hereby agrees to
attorn to the Town as lessor under the Ground Lease, and further
agrees to release Benchmark from any and all of the lessor's
obligations pursuant to the Ground Lease.
4. Successors and Assigns. This Agreement shall bind and inure
to the benefit of the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties have executed this
Assignment, Assumption and Novation as of the day and year
first above written.
BENCHMARK AT BEAVER CREEK,
a Colorado limited partnership,
by BENCHMARK -AVON PROPERTIES,
a Colorado general partnership
and general partner.
By:
A. J. 11" , a managing -partner
ATTEST: THE TOWN OF AVON, COLORADO,
a Colorado municipal corporation
By:
Patricia J Doyle, An(3 V. Alpi, ay r
Town Cie
ATTEST:
Gary R Stevens, Secretary
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
AVON METROPOLITAN DISTRICT,
a Colorado quasi- municipal corporation
By
Allan R. ottingh Vice President
21�1 The foregoing instrument was acknowledged before me this
day of April, 1980, by A.J. Wells as a managing partner of
BENCHMARK -AVON PROPERTIES, a Colorado general partnership and
general partner of BENCHMARK AT BEAVER CREEK, a Colorado limited
partnership.
Witness my hand and of
My commission expires:
- 2 -
�1
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of April, 1980, by Angelo V. Alpi, as Mayor, and
Patricia J. Doyle, as Town Clerk, of the Town of Avon, a municipal
corporation created under the laws of the State of Colorado.
Witness my hand and official seal.
My commission expires: 1p2
4T�ary Public
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
�� The foregoing instrument was acknowledged before me this
day of April, 1980, by Allan R. Nottingham as Vice
President , and Gary R. Stevens, as Secretary,
of Avon Metropolitan District, a quasi- municipal corporation created
under the laws of the State of Colorado.
Witness my hand and official seal.
My commission expires: A/ -ZLL
o ary Public
- 3 -
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602
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198712 - -a corded at 3:00 P.M. Apri� 30, 1980
( ,,corder: Johnnette Phillil Eagle County
Book 302 Page 325
QUITCLAIM, LICENSE AND EASEMENT AGREEMENT
This Quitclaim, License and Easement Agreement is
made this 29th day of April, 1980 by and between the AVON
METROPOLITAN DISTRICT, a quasi- municipal corporation created
under the laws of the State of Colorado, whose address is
P.O. Box 457 , Avon, Colorado (the "District "), and the
TOWN OF AVON, a municipal corporation created under the laws
of the State of Colorado, whose address is P. 0. Box D, Avon,
Colorado (the "Town ").
RECITALS
A. The Town is the owner of Tract "G," Benchmark
at Beaver Creek Subdivision, Amendment No. 4., as per the
recorded plat thereof recorded in Book 274 at page 701 of the
real property records of Eagle County, Colorado ( "Tract G").
B. Tract G is subject to certain easements in
favor of the District as provided in that certain Special
Warranty Deed, dated December 29, 1978, and recorded in Book
280 at page 361 of the real property records of Eagle County,
Colorado, and is further subject to a Ground Lease from
Benchmark at Beaver Creek to the District dated April 9,
1980, and recorded in Book 302 at page 258 of said records
(the "Ground Lease ").
C. The Town has requested that the District
release a certain easement held by the District on Tract G,
subject to the District's rights under the Ground Lease, and
has further requested that the Town be granted an irrevocable
license to use, for the term of the Ground Lease, that portion
of the lands covered by such easement as is also covered by
the Ground Lease, for the purposes of access, parking, drainage
and utilities.
D. The District has requested that the Town grant
an additional easement on Tract G in favor of the District
for the purposes of installation and maintenance of water
pipelines.
QUITCLAIM, LICENSE AND EASEMENT
NOW, THEREFORE, for good and valuable consideration
received by each of the parties hereto, the receipt and
sufficiency of which is hereby acknowledged, the parties make
the following grants and conveyances:
1. Quitclaim by District to Town.
The District hereby sells and quit claims to the
Town all of the District's right, title and interest in and
to that certain real property in the Town of Avon, County of
Eagle and State of Colorado, which is legally described on
Exhibit A attached hereto and made a part hereof (the "Vacated
Easement "), with all its appurtenances, subject, however, to
the District's rights under the Ground Lease, which rights
the District expressly reserves.
2. Irrevocable License from District to Town.
The District hereby grants to the Town a license to
use, on a non - exclusive basis with the District during the
term of the Ground Lease, that portion of the Vacated Ease-
ment which is covered by the Ground Lease, for the purposes
of access, parking, drainage and utilities. Such license
shall be irrevocable by the District.
3. Easement from Town to District.
The Town hereby grants, bargains, sells and conveys
to the District an easement on, under and across that certain
real property legally described in Exhibit B attached hereto
and made a part hereof, for the purposes of installation and
maintenance of water pipelines.
4. Successors and Assigns.
This Agreement and the grants and conveyances
herein shall inure to the benefit of, and be binding upon,
the parties hereto and their respective successors and assigns.
-2-
IN WITNESS WHEREOF, the Town and the District have
hereunto set their hands and seals the day and year first
,Sa��g��4Y'► {A,,
ac v written.
THE TOWN OF AVON, COLORADO,
ATTEST: a Colorado municipal corporation
. yr• �,� _. F �•
Patricia J. yle, Town Clerk
ATTEST:
Gary Stevens, Secretary
STATE OF COLORADO)
) ss.
COUNTY OF EAGLE )
�! /_•it�s�►% � s �%�
AVON METROPOLITAN DISTRICT,
a Colorado quasi - municipal
corporation
By:
A: J.£�e 1 esident
The foregoing instrument was acknowledged before me
this° L day of April, 1980, by Angelo V. Alpi, as Mayor, and
Patricia J. Doyle, as Town Clerk, of the Town of Avon, a municipal
t�it�uru�a; '
,kRAsqqrporation created under the la =gas of the State of Colorado.
WITNESS my hand and official seal.
1
r �'��''. Q- My commission expires: %
�'�., �'•• .. ��'�,�`� otary Pub lic
STATE OF COLORADO)
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me
this Ak— day of April, 1980, by A.J. Wells, as President, and
Gary R. Stevens, as Secretary, of Avon Metropolitan District,
a quasi- municipal corporation created under the laws of the
State of Colorado.
111t�HF1Etf {fir
WITNESS my hand and official seal.
My commission expires: �3 c
Not Public
3
EXHIBIT A
TO
QUITCLAIM, LICENSE AND EASEMENT AGREEMENT
"EASEMENT B" lying in Tract G, Block 2, Official
Plat - Town of Avon, Eagle County, Colorado, and Final Sub-
division Plat - Amendment No. 4, Benchmark at Beaver Creek,
more particularly described as follows:
Commencing at the South West corner of said Tract G;
Thence S 65 058108" E 1067.33 feet along the Northerly Right -
of -Way line of the Denver Rio Grande and Western Railroad to
the True Point of Beginning of Easement B; Thence N 24 001152" E,
80 feet; Thence S 65 058108" E, 803.94 feet; Thence S 02 °30112"
89.42 feet; Thence N 65 058108" W, 66.34 feet along said
Railroad Right -of -Way line; Thence N 00 °05110" E, 26.85 feet,
Thence S 89 050148" W, 59.91 feet; Thence N 65 058108" W,
712.00 feet along said Railroad Right -of -Way line to the True
Point of Beginning.
TO
�\ NOTTINGHAM
LAKE
Cp o RAW WATER off" ` y PUMP STATION
EXHIBIT "B"
M, LICENSE AND EASE
0 O'UTILITY
EASEMENT
`1
AGREEMENT
i00
ALE= I" -100'
POINT OF
INNING
0f %,� \tom
AMENDMENT 4
BOUNDARY / �'•,�Q. 1
FIRE STATION LOT
i
8 •� � i LOT'
64
S8.90 co
\� 99¢8 N✓ o,a ' ev
N00005'19"E l
26.85
UTILITY EASEMENT tips• ,,,-�'
DESCRIPTION O�
0�
A UTILITY EASEMENT BEING PART OF TRACT G, LOCATED IN BENCl*lARK AT DEAVER CREEK
AI.IENDMENT 4, TOT4N OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, SECTION 12,
T. 5 S., R. 82 W. OF TIIE 6TH P.M. AND MORE PARTICULARLY DESCRIBED AS FOLLOUS:
"N EASEMENT 30.00 FEET TIDE, BEING 15.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE: BEGINNING AT A POINT ON THE WEST LINE OF THE FIRE
STATION LOT FROMI3HENCE THE SOUTHWEST CORNER OF LOT 64, BLOCK 2, BENCWAARK
AT BEAVER CREEK AMENDMENT 4, BEARS S 58 °33'57" E. 394.67 FEET; THENCE
N 64 055'04" W, 424.02 FEET; THENCE N 28 °18'03" W, 147.65 FEET; THENCE
N 58 048'15" W, 50.00 FEET TO THE END POINT LOCATED IjZGTZj.NGHA14 LADE.
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