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03-06-1992 L5 Sunroad Subdiv Alta CommitmentL A N D T I T L E G U A R A N T E E C O M P A N Y Representing Title Insurance Company of Minnesota THANK YOU FOR YOUR ORDER March 06, 1992 Our Order No.: V18441 BUYER /OWNER: /TOWN OF AVON, A MUNICIPAL CORPORATION ftN-r,j : r(prrv� Wo ®d SELLER: ADDRESS: FIRSTBANK OF AVON OF AVON A COLORADO BANKING CORPORATION LOT 5 SUNROAD SUBDIVISION COSGRIFF, DUNN AND ABPLANALP #300 108 S. FRONTAGE RD. W. VAIL, COLORADO 81657 1 Attn: JOHN DUNN VALUATION CONSULTANTS P.O. BOX 361 AVON, CO 81620 1 Attn: JEFF MADDOX COPIES 1 Attn: PICKED UP FOR DELIVERY AM PM COVENANTS ATTACHED YES NO FOR TITLE QUESTIONS CALL KAREN HORTH 303 476 -2251 FOR CLOSING QUESTIONS CALL A L T A C O M M I T M E N T SCHEDULE A Our Order No. V18441 For Information Only LOT 5 SUNROAD SUBDIVISION - Charges - ALTA Owner Policy $155.00 - - TOTAL - - $155.00 * ** *WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO. V18441. * * ** 1. Effective Date: February 19, 1992 at 8:00 A.M. 2. Policy to be issued, and proposed Insured: "ALTA" Owner's Policy 1987 Revision (Amended 1990) Proposed Insured: TOWN OF AVON, A MUNICIPAL CORPORATION 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: FIRSTBANK OF AVON OF AVON A COLORADO BANKING CORPORATION 5. The land referred to in this Commitment is described as follows: LOT 5, FINAL PLAT, FIRST AMENDMENT TO THE SUNROAD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 28, 1992 IN BOOK 571 AT PAGE 579, 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. V18441 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: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 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. V18441 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 September 26, 1941, IN BOOK 128 AT PAGE 122. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED September 26, 1941, IN BOOK 128 AT PAGE 122. 11. TERMS, CONDITIONS, OBLIGATIONS AND EASEMENTS OR RIGHT OF WAY STIPULATIONS AS SHOWN ON PLATS RECORDED RESPECTIVELY: FEBRUARY 27, 1974 IN BOOK 233 AT PAGE 566; AND DECEMBER 26, 1974 IN BOOK 238 AT PAGE 41; AND AUGUST 11, 1976 IN BOOK 247 AT PAGE 989, AND AS AMENDED OCTOBER 1, 1976 IN BOOK 249 AT PAGE 93 AND AS AMENDED IN THE PLAT FILED SEPTEMBER 5, 1978 IN BOOK 274 AT PAGE 701. 12. 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 April 23, 1985, IN BOOK 411 AT PAGE 960 AND AS AMENDED IN INSTRUMENT RECORDED February 07, 1990, IN BOOK 522 AT PAGE 721. 13. 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. V18441 14. TERMS, CONDITIONS AND PROVISIONS OF ZONING AGREEMENT RECORDED August 15, 1991 IN BOOK 559 AT PAGE 953. 15. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF ADDITIONAL PROTECTIVE COVENANTS RECORDED June 14, 1976 IN BOOK 246 AT PAGE 947. 16. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT OF SUNROAD SUBDIVISION RECORDED February 11, 1986 IN BOOK 436 AT PAGE 187 AND FIRST AMENDMENT THERETO RECORDED JANUARY 28, 1992 IN BOOK 571 AT PAGE 579. 17. TERMS, CONDITIONS AND PROVISIONS OF RIGHTS OF ACCESS GRANTED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO RECORDED October 14, 1969 IN BOOK 216 AT PAGE 168. 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. L A N D T I T L E G U A R A N T E E C O M P A N Y Representing Title Insurance Company of Minnesota THANK YOU FOR YOUR ORDER June 10, 1992 Our Order No.: V18438 -2 BUYER/OWNER:/TOWN OF AVON, A MUNICIPAL CORPORATION A MUNICIPAL CORPORATION SELLER: FIRSTBANK OF AVON ADDRESS: LOT 3 SUNROAD SUBDIVISION COSGRIFF, DUNN AND ABPLANALP #300 108 S. FRONTAGE RD. W. VAIL, COLORADO 81657 1 Attn: JOHN DUNN VALUATION CONSULTANTS P.O. BOX 361 AVON, CO 81620 1 Attn: JEFF MADDOX COPIES 1 Attn: L A N D T I T L E G U A R A N T E E C O M P A N Y Representing Title Insurance Company of Minnesota THANK YOU FOR YOUR ORDER CLOSER 1 Attn: ARZANA PICKED UP FOR DELIVERY COVENANTS ATTACHED YES FOR TITLE QUESTIONS CALL FOR CLOSING QUESTIONS CALL AM_ PM_ _NO KAREN FLETCHER 303 476 -2251 A L T A C O M M I T M E N T SCHEDULE A Our Order No. V18438 -2 For Information Only LOT 3 SUNROAD SUBDIVISION - Charges - ALTA Owner Policy $363.00 - - TOTAL - - $363.00 * ** *WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO. V18438- 2. * * ** 1. Effective Date: June 04, 1992 at 8:00 A.M. 2. Policy to be issued, and proposed Insured: "ALTA" Owner's Policy $18,311.00 1987 Revision (Amended 1990) Proposed Insured: TOWN OF AVON, A MUNICIPAL CORPORATION A MUNICIPAL CORPORATION 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: FIRSTBANK OF AVON 5. The land referred to in this Commitment is described as follows: A PARCEL OF LAND NO. TK -4 OF THE TOWN OF AVON, COLORADO, SITUATED IN LOT 3, FINAL PLAT, FIRST SUNROAD SUBDIVISION, AS RECORDED IN THE OFFICE RECORDER OF THE TOWN OF AVON, EAGLE COUNTY, CO 571, PAGE 579, JANUARY 28, 1992 AND BEING MORE DESCRIBED AS FOLLOWS: STATE OF AMENDMENT TO THE OF THE CLERK AND LORADO, IN BOOK PARTICULARLY THE TRUE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 69 DEGREES 04 MINUTES 18 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF WEST BEAVER CREEK BOULEVARD AND THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 35.94 FEET TO A POINT ON PAGE 1 A L T A C O M M I T M E N T SCHEDULE A Our Order No. V18438 -2 A NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 37.50 FEET; THENCE 42.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65 DEGREES 29 MINUTES 09 SECONDS HAVING A CHORD BEARING AND DISTANCE OF NORTH 56 DEGREES 01 MINUTES 54 SECONDS EAST, 40.57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3; THENCE SOUTH 00 DEGREES 07 MINUTES 15 SECONDS WEST ALONG THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 35.50 FEET TO THE TRUE POINT OF BEGINNING. PAGE 2 A L T A C O M M I T M E N T SCHEDULE B -1 (Requirements) Our Order No. V18438 -2 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. GOOD AND SUFFICIENT DEED FROM SUNROAD CAPITAL CORPORATION, A CALIFORNIA CORPORATION TO FIRSTBANK OF AVON CONVEYING LOT 3, FINAL PLAT, FIRST AMENDMENT TO THE SUNROAD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 28, 1992 IN BOOK 571 AT PAGE 579. NOTE: SAID DEED IS REQUIRED DUE TO A CHANGE IN THE PROPERTY LINES. 4. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF AVON TRANSFER TAX HAVE BEEN SATISFIED. 5. WARRANTY DEED FROM FIRSTBANK OF AVON TO TOWN OF AVON, A MUNICIPAL CORPORATION A MUNICIPAL CORPORATION CONVEYING SUBJECT PROPERTY. THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! PAGE 3 A L T A C O M M I T M E N T SCHEDULE B -2 (Exceptions) Our Order No. V18438 -2 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 September 26, 1941, IN BOOK 128 AT PAGE 122. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED September 26, 1941, IN BOOK 128 AT PAGE 122. 11. TERMS, CONDITIONS, OBLIGATIONS AND EASEMENTS OR RIGHT OF WAY STIPULATIONS AS SHOWN ON PLATS RECORDED RESPECTIVELY: FEBRUARY 27, 1974 IN BOOK 233 AT PAGE 566; AND DECEMBER 26, 1974 IN BOOK 238 AT PAGE 41; AND AUGUST 11, 1976 IN BOOK 247 AT PAGE 989, AND AS AMENDED OCTOBER 1, 1976 IN BOOK 249 AT PAGE 93 AND AS AMENDED IN THE PLAT FILED SEPTEMBER 5, 1978 IN BOOK 274 AT PAGE 701. 12. 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 April 23, 1985, IN BOOK 411 AT PAGE 960 AND AS AMENDED IN INSTRUMENT RECORDED February 07, 1990, IN BOOK 522 AT PAGE 721. 13. 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 4 A L T A C O M M I T M E N T SCHEDULE B -2 (Exceptions) Our Order No. V18438 -2 14. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF ADDITIONAL PROTECTIVE COVENANTS RECORDED June 14, 1976 IN BOOK 246 AT PAGE 947. 15. UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED JUNE 23, 1986 IN BOOK 443 AT PAGE 886. 16. TERMS, CONDITIONS AND PROVISIONS OF ROAD MAINTENANCE AGREEMENT AS CONTAINED IN VACANT LAND CONTRACT RECORDED February 11, 1986 IN BOOK 436 AT PAGE 251. 17. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT OF SUNROAD SUBDIVISION RECORDED February 11, 1986 IN BOOK 436 AT PAGE 187 AND FIRST AMENDMENT THERETO RECORDED JANUARY 28, 1992 IN BOOK 571 AT PAGE 579. 18. TERMS, CONDITIONS AND PROVISIONS OF RIGHTS OF ACCESS GRANTED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO RECORDED October 14, 1969 IN BOOK 216 AT PAGE 168. PAGE 5 L A N D T I T L E G U A R A N T E E DISCLOSURE STATEMENT Required by Senate Bill 91 -14 C O M P A N Y 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. L A N D T I T L E G U A R A N T E E C 0 M P A N Y Representing Title Insurance Company of Minnesota THANK YOU FOR YOUR ORDER R��w /v�� R4 March 06, 1992 OW 1992 Our Order No.: V18438 q ON BUYER /OWNER: TOWN OF AVON, A MUNICIPAL CORPORATION A MUNICIPAL CORPORATION SELLER: ADDRESS: FIRSTBANK OF AVON LOT 3 SUNROAD SUBDIVISION COSGRIFF, DUNN AND ABPLANALP #300 108 S. FRONTAGE RD. W. VAIL, COLORADO 81657 1 Attn: JOHN DUNN VALUATION CONSULTANTS P.O. BOX 361 AVON, CO 81620 1 Attn: JEFF MADDOX COPIES 1 Attn: PICKED UP FOR DELIVERY COVENANTS ATTACHED YES FOR TITLE QUESTIONS CALL FOR CLOSING QUESTIONS CALL AM_ PM_ _NO KAREN HORTH 303 476 -2251 A L T A C O M M I T M E N T SCHEDULE A Our Order No. V18438 For Information Only LOT 3 SUNROAD SUBDIVISION - Charges - ALTA Owner Policy $310.00 - - TOTAL - - $310.00 * ** *WITH YOUR REMITTANCE PLEASE REFER TO OUR ORDER NO. V18438. * * ** 1. Effective Date: February 19, 1992 at 8:00 A.M. 2. Policy to be issued, and proposed Insured: "ALTA" Owner's Policy $5,000.00 1987 Revision (Amended 1990) Proposed Insured: TOWN OF AVON, A MUNICIPAL CORPORATION A MUNICIPAL CORPORATION 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: FIRSTBANK OF AVON 5. The land referred to in this Commitment is described as follows: A PARCEL OF LAND NO. TK -4 OF THE TOWN OF AVON, COLORADO, SITUATED IN LOT 3, FINAL PLAT, FIRST SUNROAD SUBDIVISION, AS RECORDED IN THE OFFICE RECORDER OF THE TOWN OF AVON, EAGLE COUNTY, CO 571, PAGE 579, JANUARY 28, 1992 AND BEING MORE DESCRIBED AS FOLLOWS: STATE OF AMENDMENT TO THE OF THE CLERK AND LORADO, IN BOOK PARTICULARLY THE TRUE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 69 DEGREES 04 MINUTES 18 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF WEST BEAVER CREEK BOULEVARD AND THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 35.94 FEET TO A POINT ON PAGE 1 A L T A C O M M I T M E N T SCHEDULE A Our Order No. V18438 A NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 37.50 FEET; THENCE 42.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65 DEGREES 29 MINUTES 09 SECONDS HAVING A CHORD BEARING AND DISTANCE OF NORTH 56 DEGREES 01 MINUTES 54 SECONDS EAST, 40.57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3; THENCE SOUTH 00 DEGREES 07 MINUTES 15 SECONDS WEST ALONG THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 35.50 FEET TO THE TRUE POINT OF BEGINNING. PAGE 2 A L T A C O M M I T M E N T SCHEDULE B -1 (Requirements) Our Order No. V18438 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. CERTIFICATE OF LIMITED PARTNERSHIP FOR SUNROAD GROUP, LTD., A CALIFORNIA LIMITED PARTNERSHIP DISCLOSING THE NAMES OF ALL THE PARTNERS MUST BE FURNISHED TO THE COMPANY. 4. GOOD AND SUFFICIENT DEED FROM SUNROAD CAPITAL CORPORATION, A CALIFORNIA CORPORATION TO FIRSTBANK OF AVON CONVEYING LOT 3, FINAL PLAT, FIRST AMENDMENT TO THE SUNROAD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 28, 1992 IN BOOK 571 AT PAGE 579. NOTE: SAID DEED IS REQUIRED DUE TO A CHANGE IN THE PROPERTY LINES. 5. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF AVON TRANSFER TAX HAVE BEEN SATISFIED. 6. WARRANTY DEED FROM FIRSTBANK OF AVON TO TOWN OF AVON, A MUNICIPAL CORPORATION A MUNICIPAL CORPORATION CONVEYING SUBJECT PROPERTY. THE COUNTY CLERK AND RECORDERS OFFICE REQUIRES RETURN ADDRESSES ON DOCUMENTS SENT FOR RECORDING!! PAGE 3 A L T A C O M M I T M E N T SCHEDULE B -2 (Exceptions) Our Order No. V18438 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 September 26, 1941, IN BOOK 128 AT PAGE 122. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED September 26, 1941, IN BOOK 128 AT PAGE 122. 11. TERMS, CONDITIONS, OBLIGATIONS AND EASEMENTS OR RIGHT OF WAY STIPULATIONS AS SHOWN ON PLATS RECORDED RESPECTIVELY: FEBRUARY 27, 1974 IN BOOK 233 AT PAGE 566; AND DECEMBER 26, 1974 IN BOOK 238 AT PAGE 41; AND AUGUST 11, 1976 IN BOOK 247 AT PAGE 989, AND AS AMENDED OCTOBER 1, 1976 IN BOOK 249 AT PAGE 93 AND AS AMENDED IN THE PLAT FILED SEPTEMBER 5, 1978 IN BOOK 274 AT PAGE 701. 12. 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 April 23, 1985, IN BOOK 411 AT PAGE 960 AND AS AMENDED IN INSTRUMENT RECORDED February 07, 1990, IN BOOK 522 AT PAGE 721. 13. 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 4 A L T A C O M M I T M E N T SCHEDULE B -2 (Exceptions) Our Order No. V18438 14. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF ADDITIONAL PROTECTIVE COVENANTS RECORDED June 14, 1976 IN BOOK 246 AT PAGE 947. 15. UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED JUNE 23, 1986 IN BOOK 443 AT PAGE 886. 16. TERMS, CONDITIONS AND PROVISIONS OF ROAD MAINTENANCE AGREEMENT AS CONTAINED IN VACANT LAND CONTRACT RECORDED February 11, 1986 IN BOOK 436 AT PAGE 251. 17. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT OF SUNROAD SUBDIVISION RECORDED February 11, 1986 IN BOOK 436 AT PAGE 187 AND FIRST AMENDMENT THERETO RECORDED JANUARY 28, 1992 IN BOOK 571 AT PAGE 579. 18. TERMS, CONDITIONS AND PROVISIONS OF RIGHTS OF ACCESS GRANTED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO RECORDED October 14, 1969 IN BOOK 216 AT PAGE 168. PAGE 5 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. TIM Owners Form 2312 1. Policy Date: 2. Name of Insured: Policy No. AQ173050 Order No. V18438 Amount $17,347.00 SCHEDULE A Address LOT 3 SUNROAD SUBDIVISION January 14, 1993 at 8:00 A.M. TOWN OF AVON, A COLORADO 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 COLORADO MUNICIPAL CORPORATION 5. The land referred to in this policy is situated in EAGLE County, Colorado, and is described as follows: A PARCEL OF LAND NO. TK -4 OF THE TOWN OF AVON, STATE OF COLORADO, SITUATED IN LOT 3, FINAL PLAT, FIRST AMENDMENT TO THE SUNROAD SUBDIVISION, AS RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO, IN BOOK 571, PAGE 579, JANUARY 28, 1992 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE TRUE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 69 DEGREES 04 MINUTES 18 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF WEST BEAVER CREEK BOULEVARD AND THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 35.94 FEET TO A POINT ON A NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 37.50 FEET; THENCE 42.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65 DEGREES 29 MINUTES 09 SECONDS HAVING A CHORD BEARING AND DISTANCE OF NORTH 56 DEGREES 01 MINUTES 54 SECONDS EAST, 40.57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3; THENCE SOUTH 00 DEGREES 07 MINUTES 15 SECONDS WEST ALONG THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 35.50 FEET TO THE TRUE POINT OF BEGINNING. Page 1 This Policy valid only if Schedule B is attached. TIM Owner Form 2313 Order No. V18438 Policy No. AQ173050 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. ANY AND ALL TAXES AND ASSESSMENTS. 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 September 26, 1941, IN BOOK 128 AT PAGE 122. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED September 26, 1941, IN BOOK 128 AT PAGE 122. 9. TERMS, CONDITIONS, OBLIGATIONS AND EASEMENTS OR RIGHT OF WAY STIPULATIONS AS SHOWN ON PLATS RECORDED RESPECTIVELY: FEBRUARY 27, 1974 IN BOOK 233 AT PAGE 566; AND DECEMBER 26, 1974 IN BOOK 238 AT PAGE 41; AND AUGUST 11, 1976 IN BOOK 247 AT PAGE 989, AND AS AMENDED OCTOBER 1, 1976 IN BOOK 249 AT PAGE 93 AND AS AMENDED IN THE PLAT FILED SEPTEMBER 5, 1978 IN BOOK 274 AT PAGE 701. 10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED April 07, 1975, IN BOOK 239 AT PAGE 249 AND AS AMENDED IN INSTRUMENT RECORDED April 23, 1985, IN BOOK 411 AT PAGE 960 AND AS AMENDED IN INSTRUMENT RECORDED February 07, 1990, IN BOOK 522 AT PAGE 721. Page 2 TIM Owner Form 2313 Order No. V18438 Policy No. AQ173050 SCHEDULE B 11. 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. 12. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF ADDITIONAL PROTECTIVE COVENANTS RECORDED June 14, 1976 IN BOOK 246 AT PAGE 947. 13. UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., IN INSTRUMENT RECORDED JUNE 23, 1986 IN BOOK 443 AT PAGE 886. 14. TERMS, CONDITIONS AND PROVISIONS OF ROAD MAINTENANCE AGREEMENT AS CONTAINED IN VACANT LAND CONTRACT RECORDED February 11, 1986 IN BOOK 436 AT PAGE 251. 15. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT OF SUNROAD SUBDIVISION RECORDED February 11, 1986 IN BOOK 436 AT PAGE 187 AND FIRST AMENDMENT THERETO RECORDED JANUARY 28, 1992 IN BOOK 571 AT PAGE 579. 16. TERMS, CONDITIONS AND PROVISIONS OF RIGHTS OF ACCESS GRANTED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO RECORDED October 14, 1969 IN BOOK 216 AT PAGE 168. Page 3 The printed portion of this form approved by the Colorado Real Estate Commission (SS-60 -7 -71) LAND TITLE GUARANTEE COMPANY 108 S. FRONTAGE RD WEST VAIL, CO 81657 REPRESENTING TITLE INSURANCE COMPANY OF MINNESOTA STATEMENT OF SETTLEMENT PURCHASER ,18 10T 3 SUNROAD SUBDIVISION, AKA TK-4 OF THE TOWN OF AVCN, STATE OF ODICRA SEM EMTP EM Jude 12, 1992 DATE OF PRORATION June 12, 1992 debit Credit CONTRACT SALES PRICE. 17,347.00 TITLE INSURANCE. OWNERS POLICY 360.00 REODRD WARRANTY DE ®. 20.00 OTHER REODRDING(S):. QUIT CLAIM DE® 10.00 aTHER REODRDING(S):. TEMPORARY EASEMENT 25.00 TAX CERTIFICATE. 20.00 SUBTOTALS ** 17,782.00 Balance due fran Buyer TOTALS * ** 17,782.00 V JAN 1 199.E TOWN OF A VOnt 1992 TAXES SHAIL BE BANDIED OUTSIDE OF =ING, BETWEEN BUYER AND SEJUm LAND TITLE GUARANTEE OMPANY WILL NOT BE RESPONSIBLE F• THE PAYMENT OF ANY TAXES. SEUER IS RESPONSIRT FOR PAYMENT OF TAXES PRIOR TO CLOSM 11M. The above figures do not include sales or use taxes an personal property. APPROVED AND ACCEPTED purchaser TOWN OF ,Y,M , A COIORADD N1UNICIPAL ON Purchaser BY: FORM NO. 4 (COMPUTER) Uj 1 By %� ESCROW# 18430V.18439V OCHM1 HEM V18438 17,782.00 17,782.00 AGREEMENT FOR TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of property known as LOT 3 SUNROAD SUBDIVISION, AKA TK -4 OF THE TOWN that the taxes for the current year have been adjusted as of this date on the basis of: General taxes for the year of closing, based on the most recent levy and the most recent assessment is $ 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 Title Insurance Company of Minnesota will not make or be responsible for this re- adjustment or any liability in connection therewith. ) Estimate for taxes of ( X ) and shall be Taxes based on _ in the amount of NO ADJUSTMENT ( ) 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 ( ) 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 a *sessment will be fully paid in Note: Land Title Guarantee Company or Title Insurance Company of Minnesota 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 Title Insurance Company of Minnesota will not make or be responsible for the re- adjustment or liability in connection therewith. This Agreement made and executed this day of June 12, 1992 BUYER(S) (SELLERS) TOWN 09--AVON, A COLORADO FIRSTBANK OF AVON MUNICIPAL CORPORATION BY: BY: TERRY L. HALVERSON, PRESIDENT AGREEMENT FOR TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of property known as LOT 3 SUNROAD SUBDIVISION, AKA TK -4 OF THE TOWN that the taxes for the current year have been adjusted as of this date on the basis of: ( ) General taxes for the year of closing, based on the most recent levy and the most recent assessment is $ 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 Title Insurance Company of Minnesota will not make or be responsible for this re- adjustment or any liability in connection therewith. ( ) Estimate for ( ) Taxes based on in the amount ( X ) NO ADJUSTMENT and shall be of ( ) A final settlement. taxes of 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 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 Title Insurance Company of Minnesota 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 Title Insurance Company of Minnesota will not make or be responsible for the re- adjustment or liability in connection therewith. This Agreement made and executed this day of June 12, 1992 BUYERS) TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION (SELLERS) FIRSTBANJ 9 AVON BY: TIPRRY . HALVERSON, PRESI RE: Coninitment No. V18438 Escrow No. 18438V. State of Colorado, County of EAGLE RE: Real property and improvements located at: LOT 3 SMrMD SUMIVISION, AKA TR-4 OF THE TORN CF AVC H, SMM OF COLORADO in the County of EAGLE State of Colorado, and more particularly described as follows: SEE EXH= IrAn ATE HERE70 AMID NADE A PART HEREOF: Whereas, Iarni Title Guarantee Cmpany has issued its C=nitment No. V18438 covering said property: Now therefore, FIRSTBANK OF AVON 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 Fitment, without exception as to mechanics' or other statutory liens, or any rights thereto, where no notice of such liens or riots a -aar of record, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said many shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or tinder 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 ccupleted on or before June 12, 1992 4. 1hat theme has been no architectural service or other work of any kirx3, 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 Cornpany, any title insurance company that has issued an ALTA Policy of insurance pursuant to the connitment described above, the Mortgagee and their successors in interest from and against those liabilities, losses, damage ewes and charges, including but not limited to any attorneys' fees and expenses of litigation arising out of or resulting frm, any mechanics' or other statutory liens, claims and/or liens for service, labor or �,.n�texi is contracted for any authorized by awner- seller used in connection with the construction of improvements located on said property insofar as they pertain to Para -aphs 1 to 3 above. There are no existing leases or tenancies affecting said arty. FIRSTEiZNK OF BY: L. HALVEfSM, PRESIDENT DIY: Y4 • t• • ; : t_•, Y ss . CO NrY OF EAGLE i i. The foregoing instrument was acknowledged Jund 12 ; �, 51992' . ,, , before me on this day of • �1•i• , i �•:cit� .�: • y�. n!a�� • ^ _ ••.. : +• r • . +•1 •• • v •• IY• a• • •• VI r WMUr>S MY HAND AND OFFICIAL SEAL. My Commission Expires: Vy con, r-, fission expires: &30.94 0011 VJ. BeTvc, r Creek Blvd. Avon, CO 81620 — E X H I B 1 T It A" A PARCEL OF LAND NO. TK -4 OF THE TOWN OF AVON, STATE OF COLORADO, SITUATED IN LOT 311 FINAL PLAT, FIRST AMENDMENT TO THE SUNROAD SUBDIVISION, AS RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO, IN BOOK 571, PAGE 579, JANUARY 28, 1992 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE TRUE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 69 DEGREES 04 MINUTES 18 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF WEST - BEAVER CREEK BOULEVARD AND THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 35.94 FEET TO A POINT ON A NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 37.50 FEET; THENCE 42.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65 DEGREES 29 MINUTES 09 SECONDS HAVING A CHORD BEARING AND DISTANCE OF NORTH 56 DEGREES O1 MINUTES 54 SECONDS EAST, 40.57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3; THENCE SOUTH 00 DEGREES 07 MINUTES 15 SECONDS WEST ALONG THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 35.50 FEET TO THE TRUE POINT OF BEGINNING. � /• �� • It • H• �17i 1�1 RE: Commitment No. V18438 Escrow No. 18438V. State of Colorado, County of EAGLE RE: Real property and improvements located at: LOT 3 SUNROAD SUBDIVISION, AKA TK -4 OF THE TOWN OF AVON, STATE OF coIORADO in the County of EAGLE State of Colorado, and more particularly described as follows: SEE EXHIBIT "All ATE HERETO AND MADE A PART HEREOF: Whereas, Land Title Guarantee Company has issued its Commitment No. V18438 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 June 12. 1992 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. 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 ALFA 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. TOM OF A COIDRADO MUNICIPAL CORPORATION BY: STATE OF COLORADO } ss. OOUNI'Y OF EAGLE The foregoing instrument was acknowledged before me on this day of Jime 12, 1992 , by AS OF TOWN OF AVON, A COIARADO MUNICIPAL CORPORATION WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: Notary Publ E X H I B I T. 11 A" A PARCEL OF LAND NO. TK -4 OF THE TOWN OF AVON, STATE OF COLORADO, SITUATED IN LOT 3, FINAL PLAT, FIRST AMENDMENT TO THE SUNROAD SUBDIVISION, AS RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO, IN BOOK 571, PAGE 579, JANUARY 28, 1992 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE TRUE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 69 DEGREES 04 MINUTES 18 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF WEST BEAVER CREEK BOULEVARD AND THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 35.94 FEET TO A POINT ON A NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 37.50 FEET; THENCE 42.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65 DEGREES 29 MINUTES 09 SECONDS HAVING A CHORD BEARING AND DISTANCE OF NORTH 56 DEGREES 01 MINUTES 54 SECONDS EAST, 40.57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3; THENCE SOUTH 00 DEGREES 07 MINUTES 15 SECONDS WEST ALONG THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 35.50 FEET TO THE TRUE POINT OF BEGINNING. REAL PROPERT', TRANSFER DECI:�?LATION !lJI�1�1� Q%1:►* 4,' 10 • \I 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- 102(1)(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 3 SUNROAD SUBDIVISION, AKA TK -4 OF THE TOWN OF AVON, STATE OF OOLORADO 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 X 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. $ 17,347.00 4. WHAT WAS THE CA DOWNPAYMENT: Enter the amount of the cash downpayment, if any. If it is a cash sale, enter the total sales price. $ 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 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 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 __X_ 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 r pr Qs nts 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 "No" if the grantee is to have the benefit of 100% interest in the property. YES NO 11. DATE OF CLOSING: Enter the date upon which the transfer of the property was completed. J Une 12, 1992 Month Day Year IF THE PROPERTY IS FINAN=, PTUN-E CWPLETE #12 -#15 ke 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 hJune 12, 1992 (GRANTOR) (GRANTEE) �-- , Tum OF rAVCN (GRANTOR) (GRANTEE) 15- DPT -AD FORM TD1000 -02/90 18438V. AFFIDAVIT (Entity - Transferor) TO: TOWN OF AVON, A COLORADO 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. FIRSTBANR OF AVON 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 , and 3. The transferor's office address is: P.O. BOX 5270 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: June 12, 1992 Sworn to befo by g" L., on this�day My commission expires: fly commission expires: 8.30.94 y 4y.! 4A 0011 V9. Besver Creek Blvd. z. �vpn, CO 81620 FIRSTBANR OF AVON BY: TERRY L HALVE O , PRESIDENT f. June 12, 1992 Witness my hand and official seal. Notary 14iblic The real property referred to herein is located at: LOT 3 SUNROAD SUBDIVISION, AKA TR -4 OF THE TOWN OF AVON, STATE OF COLORADO and is legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: ESCROW # 18438V.18438V E X H 1 B I T 11 A" A PARCEL OF LAND NO. TK -4 OF THE TOWN OF AVON, STATE OF COLORADO, SITUATED IN LOT 3, FINAL PLAT, FIRST AMENDMENT TO THE SUNROAD SUBDIVISION, AS RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF THE TOWN OF AVON, EAGLE COUNTY, COLORADO, IN BOOK 571, PAGE 579, JANUARY 28, 1992 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE TRUE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTH 69 DEGREES 04 MINUTES 18 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF WEST BEAVER CREEK BOULEVARD AND THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF 35.94 FEET TO A POINT ON A NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 37.50 FEET; THENCE 42.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65 DEGREES 29 MINUTES 09 SECONDS HAVING A CHORD BEARING AND DISTANCE OF NORTH 56 DEGREES O1 MINUTES 54 SECONDS EAST, 40.57 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3; THENCE SOUTH 00 DEGREES 07 MINUTES 15 SECONDS WEST ALONG THE WEST RIGHT OF WAY LINE OF AVON ROAD AND THE EAST LINE OF SAID LOT 3 A DISTANCE OF 35.50 FEET TO THE TRUE POINT OF BEGINNING. 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. T0: LAND TITLE GUARANTEE COMPANY RE: LOT 3 SUNROAD SUBDIVISION, AKA TK -4 OF THE TOWN OF AVON, STATE OF COLORADO 1. FIRSTBANK OF AVON Seller(s) and TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION Purchaser(s) engage LAND TITLE GUARANTEE COMPANY Closing Agent, who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of EAGLE Colorado, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: also known and numbered as: LOT 3 SUNROAD SUBDIVISION AKA TK -4 OF THE TOWN OF AVON, 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 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: FA] the listing agent A❑ selling agent ❑ attorney 4. Closing Agent will receive a fee not to exceed $ for providing these closing and settlement services to be the expense of N/A 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 will be necessary to complete this transaction, and Purchaser and Seller further agree to sign and complete all and customary required documents at closing to fulfill the Contract. 10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller 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 original(s) 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 tender. 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 Seller shall 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 shalt 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, Seller and Closing Agent. 15. Special Instructions: APPROVED AND ACCEPTED on this day of _ June 12, 1992 SELLER(S) PURCHASER(S) FIRSTBANK OF ON BY: TE RY L. H VERSON, PRESIDENT TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BY: LAND TITLE GUARANTEE COMPANY Closing Cgent (TO BE COMPLETED ONLY BY 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 June 12, 1992 LAND TITLE GUARANTEE COMPANY Broker by: Closing Agent by: 18438V. TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT: FIRSTBANK OF AVON, a Colorado Banking Corporation, whose address is: P.O. Box 5270 Avon, Colorado 81620 (herein "Grantor "), in consideration of TEN DOLLARS, in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby grant, bargain, sell and convey to: TOWN OF AVON, a Colorado Municipal Corporation whose address is: P. O. Box 975, Avon, Colorado 81620, (herein "Grantee ") a Temporary Construction Easement, together with all rights and privileges as are necessary or incidental to the reasonable and proper use of such easement in and to, over, under and across the tract of land described as follows: More particularly described on Exhibit A, attached hereto and by this reference made a part hereof. 1. This Temporary Construction Easement is for the following purposes: For Temporary Ingress and Egress during the improvement of the Avon Road /Beaver Creek Boulevard intersection ( "the Project "). 2. Said Temporary Easement shall expire and be of no further force or effect on December 1, 1992. 3. Grantor further grants to Grantee: The right of ingress to and egress from (access) said land over and across the adjoining lands of the Grantor for the purpose of construction on and along said Temporary Construction Easement. 4. During the term of this Temporary Construction Easement, Grantor shall not erect or construct, or allow to be erected or constructed, any building or other structure which may interfere with Grantee's full enjoyment of the rights hereunder. 5. As a condition of the granting of this Temporary Construction Easement the Grantee covenants and agrees to restore said lands and the trees, landscaping and other improvements to a level comparable to their original condition. 6. As a further condition to the granting of this 1 lk. I Temporary Construction Easement the Grantee that access to the Grantor's property shall a day at all times during the construction is understood and agreed to by Grantor that its property may be required during periods construction. covenants and agrees remain open 24 hours project. Provided, it alternative access to of actual 7. The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. 8. Grantor authority to make the and agrees to defend hereunder against any involved or Grantor's contained. warrants that it has full and lawful grant hereinabove contained and promises the Town in the exercise of its rights defect in Grantor's title to the land rights to make the grant hereinabove 9. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders. All of the covenants herein contained shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns. of June, .STATE OF CObWY' OF WITNESS our hand(s) and seal(s) this day 1992. COLORADO ) ss. EAGLE ) FIRSTBANK OF AVON, a Colorado Banking Corporation By: Terry bj Halverson, President The foregoing instrument was acknowledged before me President- this -Ll day of June, 1992, by Terry L. Halverson, as President of FirstBank of Avon, a Colorado Banking Corporation. My commission expires: Witness my hand and officia seal. otary Pub is 2 main Eneeringcea. Ar REAL PROPERTY TO BE ACQUIRED FOR TEMPORARY EASEMENT FROM FIRSTBANK HOLDING COMPANY PARCEL TE -4 A parcel of Land No. TE -4 of the Town of Avon, State of Colorado, containing 0.215 acres, more or less, situated in Lot 3, Sunroad Subdivision, as recorded in the office of the Clerk and Recorder of the Town of Avon, Eagle County, Colorado, in Book 571, Page 579, January 28, 1992 and being more particularly described as follows: Commencing at the southeast corner of said Lot 3; Thence N 69 °04'18" W along the north right -of -way line of West Beaver Creek Boulevard and the south line of said Lot 3 a distance of 35.94 feet to the True Point of Beginning; Thence N 69 004118" W continuing along the north right -of -way line of West Beaver Creek Boulevard and the south line of said Lot 3 a distance of 220.02 feet to a point of curvature of a curve to the right having a radius of 460.00 feet; Thence 48.58 feet along said curve through a central angle of 6 003105" having a chord bearing and distance of N 66 102146" W, 48.56 feet to a point on the west line of said Lot 3; Thence N 21 005126" E along the west line of said Lot 3 a distance of 15.26 feet to a point; Thence S 69 058127" E a distance of 241.77 feet to a point; Thence N 1903411711 E a distance of 137.85 feet to a point on a non - tangent curve to the right having a radius of 50.00 feet; said point also being on the north line of said Lot 3; Thence 5.89 feet along said curve through a central angle of 06 045116" having a chord bearing and distance of S 57 057'21" E, 5.89 feet to a point on the east line of said Lot 3; said point also being on the west right -of -way line of Avon Road; Thence S 00 007115" W along the west right -of -way line of Avon Road and the east line of said Lot 3 a distance of 133.85 feet to a point on a non - tangent curve to the left having a radius of 37.50 feet; Thence 42.86 feet along said curve through a central angle of 65 °29109" having a chord bearing and distance of S 56 001154" W, 40.57 feet to the True Point of Beginning. Box No. 978 • Avon, Colorado 81620 • 949 -5072 Denver 893 -1531 1420 Vance Street • Lakewood, Colorado 80215 • Phone: 232 -0158 S "k; 4; r tA (f,*yee 17 5 IPAI s) The above described parcel contains 9353 square feet (0.215 acres), more or less. I hereby state that the previously described legal description has been prepared by me or under my direct supervision. .7 C), J, 12-3 Al D�ate Duane D. Fehr nger, RYE. & P.L.S. 26626 6 36 59 fl6' Ur7(1ry SNOW srcRACC \ A, D f'C/.CMAY IINNTENANCE A = 22'52 n2" R = 22.5.00' ,^�-I / /SUNROA D L = 89.80' l SUBDI VISION \ \ 1h/ \ R - 50.00' 96" L - 1,5.14' Oh/ LOT �J RVf J 7 1 TE -4 \ \ 5,3 So. FT. �?�' \ 15 ACRES 0 _ 060.305' R = 460.00' L - 48.56' \ 6617246" W CHa 48.56' --lss� . y6„ VO i Z' CURIE- 1 POINT BfGINN/NG POINT or CCAd'".NC£Mf-,VT m S� h 0 0 ra 0 O O r� �l P/N W/ ALU INW CAP P£ —LS 76BJ6 TE -4 A PART OF LOT 3 ACCORDING TO TH£FINAL FLAT FIRST AMENDMENT TO THE SUNROAD SUBDIVISION A SUBDIVISION OF SUHROAD SUBDIVISION IN BOOK 571 AT PAGE 579 FILED JANUARY 28, 1991 /N THE RECORDS OF EAGLE COUNTY, COLORADO. CURVE RADIUS LENGTH TANGENT CHORD B£ARNG DELTA ctlRvr 1 50.00' .559' 1.95' 5.89' S 575721" E 06'45'16' CURVE 1 J7.30' 4ZJ6' 14.1 P 40.57' 5 55'01'54- W 6529'09" Alf ;e NOTE.• THIS DOES NOT REPRESENT A MONUMEN7ED SURWY. /T /S IN7F/11OED ONLY TO DEPICT 7NE ATTACHED OESCRIP770N. LINE DIRECTION DISTANCE L 1 N 69'04'18" W 220.02' LZ H 21 "0576" E 1 5.26' L3 S 00'07'15" W IJJ.85' --lss� . y6„ VO i Z' CURIE- 1 POINT BfGINN/NG POINT or CCAd'".NC£Mf-,VT m S� h 0 0 ra 0 O O r� �l P/N W/ ALU INW CAP P£ —LS 76BJ6 TE -4 A PART OF LOT 3 ACCORDING TO TH£FINAL FLAT FIRST AMENDMENT TO THE SUNROAD SUBDIVISION A SUBDIVISION OF SUHROAD SUBDIVISION IN BOOK 571 AT PAGE 579 FILED JANUARY 28, 1991 /N THE RECORDS OF EAGLE COUNTY, COLORADO. CURVE RADIUS LENGTH TANGENT CHORD B£ARNG DELTA ctlRvr 1 50.00' .559' 1.95' 5.89' S 575721" E 06'45'16' CURVE 1 J7.30' 4ZJ6' 14.1 P 40.57' 5 55'01'54- W 6529'09" Alf ;e NOTE.• THIS DOES NOT REPRESENT A MONUMEN7ED SURWY. /T /S IN7F/11OED ONLY TO DEPICT 7NE ATTACHED OESCRIP770N. WARRANTY DEED THIS DEED, made this Ila day of June, 1992, between FIRSTBANK OF AVON, a Colorado Banking Corporation, whose address is: P.O. Box 5270 Avon, CO 81620 (herein "Grantor "). and TOWN OF AVON, a Colorado Municipal Corporation, whose address is: P.O. Box 975, Avon, CO 81620 (herein "Grantee "), and WITNESSETH, that the Grantor for and in consideration of the sum of SEVENTEEN THOUSAND THREE HUNDRED FORTY -SEVEN AND NO \100 DOLLARS ($17,347.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, all of the real property together with improvements, if any lying and being in the County of Eagle and State of Colorado, described as follows: As described on Exhibit A attached hereto and incorporated herein by reference, TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO. TOGETHER with all and singular the 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, claim, and demand whatsoever of the Grantor, 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 Grantee, its successors and assigns forever. And the Grantor, for itself, its heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the,ensealing and delivery of these 1 presents, it is well seized of the premises above conveyed, has 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, encumbrances and restrictions of whatever kind or nature soever, except patent reservations and exceptions, subdivision restrictions and covenants, easements and rights of way of record, building and zoning regulations, and all mineral reservations. THE GRANTOR shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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 Grantor has executed this WARRANTY DEED on the date set forth above. r !) i (SEAL ) STATE OF COLORADO ) SS. COUNTY OF EAGLE ) FIRSTBANK OF AVON, a Colorado Banking Corporation r By Terry . H lverson, President The fore Warranty Deed was acknowledged and affirmed before me this day of June, 1992., by Terry L. Halverson, as President of FirstBank of Avon, a Colorado Banking Corporation. Witness my hand and official seal. VY corirri,S;Ui expires: 8-30.94 0011 W. Beay.lr Crecic Blvd. A.— /%n nlln My Commission expires: S (SEAL)' 2 inter - Mountain Engineerin Ltd. REAL PROPERTY TO B$ ACQUIRED FROM FIRSTBANK HOLDING COMPANY PARCEL TK -4 A parcel of Land No. TK -4 of the Town of Avon,.State of Colorado, containing 0.017 acres, more or less, situated in Lot 3, Sunroad Subdivision, as recorded in the office of the Clark and Recorder of the Town of Avon, Eagle County, Colorado, in Book 571, Page 579, January 28, 1992 and being more particularly described as follows: The True Point of Beginning being the southeast corner of said Lot 3; Thence N 69404118" W along the north right -of -way line of west Beaver Crack Boulevard and the mouth line of said Lot 3 a distance of 35.94 feet to a point on a non - tangent curve to the right having a radius of 37.50 feet; Thence 42.86 feet along said curve through a ventral angle of 65029,091, having a chord bearing and distance of N 5600115411 Zr 40.57 feet to a point on the west right -of -way line of Avon Road and the east line of said Lot 3; Thence S 00 90711511 W along the wrest right -of -vary line of Avon Road and the east line of said Lot 3 a distance of 35.50 feet to the True Paint of Beginning. The above described parcel contains 760 square feet (0.01.7 acres), mores or less. I hereby state that the previously described legal description has been prepared by me or under my direct supervision. n to EXHIBIT A (Page one of two pages) Box No. 978 + Avon, Colorado 81620 • 949.5072 Denver 893 -1531 1420 Vence Street • Lakewood, Colorado 80215 • Phone; 232 -0158 136 r 59'x, s r' urun� ,Aww a�,w�rae \ A� Ra4bWAY AG{,wWAVff rAsumr ^ ,��II SUNROAD \\4 ea a° °° SUBDI KSION � ! LOT 3 A - 06t71 R s 461200' 0b' L - 48,58' e - lstu'01" R n 50.00' ztf L o rx 14' PA RCEL TK- 4 760 sq. ft. 0.017 acres A4%P -R:tfS:6, , CVRYC I fcbvr �� • � aa�nmwv M -4 Q I�Q �A O h � ALUMZrav J w/ VAr ff--s Mig A PART or. tor S ACCORD/N0 W TNEr1NAL PLAT r/RSr AMMOMEW 70 Mr SUNROAD 5US4 111ISVN A SUBOMS /ON CV' SUNROAD SURDMSIDN IN 800K 571 A PA or m rMED JANUARY 28. 1992 /N THE RECORDS Or EAGLE COUNTY COLORADO. NOM MIS DOES Nor R£PRESENY A UCNUYZVr£D SURWr.. R' /5 /NTni v aw Y M DEPICr THE AMTACIdED DESCRiP77M, EXHIBIT A (Pahe two of two Pages) A el TOWN OF AVON APPLICATIOU FOR, AND EXEMPT.XON FROM, - . REAL PROPERTY TRANSFER 111',X T'fle untlersignadr as Gran±ee of a dws"i1. 01- FIRSTBANK OF AVON to TOWN OF AVON hereby from the payment of this Avon Real Property TX. a by Chapter 3.12 of the Municipal Code of the Of Avr-�-- bases for such requested exemption 4s: Section 3.12,060 A. where the Town of Avonk 9 1a tha� transferee. I hereby certify under penalty of per.. jury the the fo::-Ggfoirq statement is true and correct. Town of Avon By =.{ ---F�sg' CtRTIFICATE OF EXEMPTION I hereby certify that the above deFjrjr-b-:,J. -;f- real property is exempt from the payment of the Avon Real pfcpalty Transfer Tax under Chapter 3.12, Section 3-12.0069 irk ct Municipal Code.