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01-20-2000 Insurance Policy Property Lot2 Eaglewood subdivLand Title Guarantee Company Date: January 20, 2000 TOWN OF AVON PO BOX 975 AVON, CO 81620 Enclosed please find the title insurance policy for your property located at LOT 2, EAGLEWOOD SUBDIVISION Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions regarding your final title policy, you may contact Title Department Phone: 970-476-2251 Fax: 970-476-4534 Please refer to our Order No. V267747 Should you decide to sell the property described in this policy, or if you are required to purchase a new title commitment for mortgage purposes, you may be entitled to a credit toward future title insurance premiums. Land Title Guarantee Company will retain a copy of this policy so we will be able to provide future products and services to you quickly and efficiently. Thank you for giving us the opportunity to serve you. Sincerely, Land Title Guarantee Company Form AO /CHI Our Order No. V267747 Schedule B LTG Policy No. CTEH267747 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of. General Exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. 2000 TAXES NOT YET DUE AND PAYABLE. 6. LIENS FOR UNPAID WATER AND SEWER CHARGES, IF ANY. 7. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 04, 1905, IN BOOK 48 AT PAGE 272 AND IN UNITED STATES PATENT RECORDED NOVEMBER 29, 1916, IN BOOK 48 AT PAGE 606. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 29, 1916, IN BOOK 48 AT PAGE 606. 9. EASEMENT AND RIGHT OF WAY FOR THE EAGLE RIVER AS IT AFFECTS SUBJECT PROPERTY. 10. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE RECORDED NOVEMBER 27, 1996 IN BOOK 712 AT PAGE 443. 11. TERMS, CONDITIONS AND PROVISIONS OF SERVICE AGREEMENT RECORDED JUNE 02, 1982 IN BOOK 341 AT PAGE 134 AND AMENDMENT RECORDED JUNE 2, 1982 IN BOOK 341 AT PAGE 133. 12. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE Form AO /CHI Our Order No. V267747 Schedule B LTG Policy No. CTEH267747 EAGLEWOOD PLAT RECORDED JANUARY 05, 1989 IN BOOK 497 AT PAGE 919. 13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 15, 1981 IN BOOK 330 AT PAGE 592. 14. TEMPORARY EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANITATION DISTRICT IN INSTRUMENT RECORDED JUNE 17, 1981 IN BOOK 324 AT PAGE 645. 15. EASEMENT AS GRANTED TO UPPER EAGLE VALLEY IN INSTRUMENT RECORDED JUNE 17, 1981 IN BOOK 324 AT PAGE 646. 16. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE RIGHT OF WAY, FROM AND TO ANY PART OF THE SUBJECT PROPERTY ABUTTING UPON SAID HIGHWAY, ALONG OR ACROSS THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, FROM WHICH POINT THE NW CORNER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN EAGLE COUNTY, COLORADO BEARS NORTH 72 DEGREES 33 MINUTES WEST, A DISTANCE OF 1,282.2 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1,862.0 FEET, A DISTANCE OF 542.8 FEET (THE CHORD OF THIS ARC BEARS NORTH 81 DEGREES 53 MINUTES 30 SECONDS EAST, A DISTANCE OF 540.9 FEET); THENCE NORTH 58 DEGREES 06 MINUTES 30 SECONDS EAST, A DISTANCE OF 103.4 FEET. ALSO BEGINNING AT A POINT ON THE NORTH LINE OF THE NE 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN EAGLE COUNTY, COLORADO, FROM WHICH POINT THE NW CORNER OF SECTION 11 BEARS NORTH 89 DEGREES 33 MINUTES WEST, A DISTANCE OF 2,149.9 FEET; THENCE SOUTH 74 DEGREES 13 MINUTES 30 SECONDS WEST, A DISTANCE OF 347.7 FEET; THENCE NORTH 87 DEGREES 35 MINUTES 30 SECONDS WEST, A DISTANCE OF 464.0 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NW 1/4 OF SECTION 11, AS GRANTED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY THE DEED FROM VIOLET M. MONTGOMERY, RECORDED OCTOBER 7, 1969, IN BOOK 216 AT PAGE 123 AS RECEPTION NO. 111640. 4 9 ............ I I III lllll lIIIIII lI llllllll llll lllill III llill llll I'll Filed for record the 720330 01/18/2000 11:56A 432 `Sara Fisher RECORDER Reception No. 1 of 3 R 13.00 0 0.00 N 0.00 Eagle CO DEPUTY. WARRANTY DEED THIS DEED, Made on th is day of January 07, 2000 between AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP )b4A) of the County of EAGLE and State of Colorado of the Grantor(s), and TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION whose legal address is : P.O. BOX 975 AVON CO 81620 of the County of EAGLE and State of Colorado of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $225,000.00 * ** Two Hundred Twenty Five Thousand and 00 /100 * ** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of EAGLE and State of Colorado, described as follows: LOT 2, EAGLEWOOD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 5, 1989, COUNTY OF EAGLE, STATE OF COLORADO. also known as street number LOT 2, EAGLEWOOD SUBDIVISION TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), 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 appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, 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 GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2000 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF Colorado ) )ss. by The ROBERT M RULON Notary Public State of Colorado AS MANAGING GENER 1: "'j AVON RANCH COMPANY A COLORADOWjENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER before me on this day of January 07, 2000 My commission expires q% ),` 2 ,0*Z Witness my hand and offici seal. /f i r Notary Public Name and Address of Person Creating Newly Created Legal Description ( 38 -35- 106.5, C.R.S.) Escrow# VE267747 When Recorded Return to: TOWN OF AVON, A COLORADO MUNICIPAL Title# V267747 CORPORATION P.O. BOX 975 Form No. 932 Rev 4 -94. WARRANTY DEED (Photographic Record WD.OPEN) AVON, CO 81620 EXMIT "A" Our Order No. V267747 TO WARRANTY DEED PAGE 1 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 04, 1905, IN BOOK 48 AT PAGE 272 AND IN UNITED STATES PATENT RECORDED NOVEMBER 29, 1916, IN BOOK 48 AT PAGE 606. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 29, 1916, IN BOOK 48 AT PAGE 606. EASEMENT AND RIGHT OF WAY FOR THE EAGLE RIVER AS IT AFFECTS SUBJECT PROPERTY. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE RECORDED NOVEMBER 27, 1996 IN BOOK 712 AT PAGE 443. TERMS, CONDITIONS AND PROVISIONS OF SERVICE AGREEMENT RECORDED JUNE 02, 1982 IN BOOK 341 AT PAGE 134 AND AMENDMENT RECORDED JUNE 2, 1982 IN BOOK 341 AT PAGE 133. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE EAGLEWOOD PLAT RECORDED JANUARY 05, 1989 IN BOOK 497 AT PAGE 919. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED October 15, 1981 IN BOOK 330 AT PAGE 592. TEMPORARY EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANITATION DISTRICT IN INSTRUMENT RECORDED JUNE 17, 1981 IN BOOK 324 AT PAGE 645. EASEMENT AS GRANTED TO UPPER EAGLE VALLEY IN INSTRUMENT RECORDED JUNE 17, 1981 IN BOOK 324 AT PAGE 646. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE RIGHT OF WAY, FROM AND TO ANY PART OF THE SUBJECT PROPERTY ABUTTING UPON SAID HIGHWAY, ALONG OR ACROSS THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, FROM WHICH POINT THE NW CORNER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN EAGLE COUNTY, COLORADO BEARS NORTH 72 DEGREES 33 MINUTES WEST, A DISTANCE OF 1,282.2 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1,862.0 FEET, A DISTANCE OF 542.8 FEET (THE CHORD OF THIS ARC BEARS NORTH 81 DEGREES 53 MINUTES 30 SECONDS EAST, A DISTANCE OF 540.9 FEET); THENCE NORTH 58 DEGREES 06 MINUTES 30 SECONDS EAST, A DISTANCE OF 103.4 FEET. ALSO BEGINNING AT A POINT ON THE NORTH LINE OF THE NE 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN EAGLE COUNTY, COLORADO, FROM WHICH POINT THE NW CORNER OF SECTION 11 BEARS NORTH 89 DEGREES 33 MINUTES WEST, A DISTANCE OF 2,149.9 FEET; THENCE SOUTH 74 DEGREES 13 MINUTES 30 SECONDS WEST, A DISTANCE OF 347.7 FEET; THENCE NORTH 87 DEGREES 35 Illlll 11111 1111111 ll lllillll 1111 llilll 111111111111 IN 720530 01/18/2000 11:56A 432 Sara Fisher 2 of 3 R 15.00 D 0.00 N 0.00 Eagle CO J .. EXIMBIT "All Our Order No. V267747 T.O WARRANTY DEED Page 2 MINUTES 30 SECONDS WEST, A DISTANCE OF 464.0 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NW 1/4 OF SECTION 11, AS GRANTED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY THE DEED FROM VIOLET M. MONTGOMERY, RECORDED OCTOBER 7, 1969, IN BOOK 216 AT PAGE 123 AS RECEPTION NO. 111640. 1 720530 01/18/2000 11.36A 432 Sara Fisher 3 of 3 R 13.00 0 0.00 N 0.00 Eagle CO MEMORANDUM TO: Kris Nash FROM: Burt Levin RE: Town's purchase of Lot 2, Eaglewood Subdivision DATE: 01/11/00 Attached are the papers generated by the closing of the sale of the above property to the Town. I am forwarding these to you for safekeeping. Other than preserving them there is nothing for you to do. The deed was (or will be) recorded by the Title Company. Thank you. The printed portions of this form _eve been approved by the Colorado Real Estate Commission (CLS 9 95) CLOSING INSTRUCTIONS THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. TO: LAND TITLE GUARANTEE COMPANY DATE: January 07, 2000 ESCROW N0. VE267747 TITLE NO. V267747 1. AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP TOWN OF AVON A COLORADO MUNICIPAL CORPORATION SELLER(S) and BUYER(s) engage LAND TITLE GUARANTEE COMPANY Closing Company, 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: LOT 2, EAGLEWOOD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 5, 1989, COUNTY OF EAGLE, STATE OF COLORADO. also known and numbered as: LOT 2, EAGLEWOOD SUBDIVISION 2. Closing Company 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 November 19, 1999 , with any counterproposals and amendments attached (Contract). 3. Closing Company will receive a fee not to exceed $230.00 for providing these closing and settlement services to be the expense of SPLIT BETWEEN BUYER AND SELLER 4. Closing Company is authorized to receive funds and to disburse 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 availab 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 "]. 5. Closing Company is not authorized to release any documents or things of value prior to receipt and disbursement of Gooc Funds, except as provided in Sections 10 and 11. 6. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. Seller will receive the net proceeds of closing as indicated: F a Cashier's check at seller's expense. Funds electronically transferred (wire transfer) to an account specified by Seller, at Seller's expense; or uClosing Company's trust account check. 8. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to complete this transaction. 9. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of closing. 10. If closing does not occur, Closing Company, except as provided herein, is authorized and agrees to return all document monies, and things of value to the depositing party and Closing Company will be relieved from any further duty, responsibility Liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indebt- edness signed by Buyer, shall be voided by Closing Company, with the originals) returned to the Buyer and a copy to Buyer's lender. 11. If any conflicting demands are made on the Closing Company, at its sole discretion, Closing Company may hold any monies, documents, and things of value received from any party except Buyer's lender. Closing Company shall retain such items until (1) receipt of mutual written instruction from Buyer and Seller; or (2) until a civil action between Buyer and Seller shall have been resolved in a Court of competent jurisdiction; or (3) in the alternative, Closing Company 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 Company. Such deposit with the Court shall relieve Closing Company of all further Liability and responsibility and Closing Company shall be entitled to all court costs and reasonable attorneys' fees. 12. These closing instructions may be only amended or terminated by written instructions signed by Buyer, Seller and Closing Company. 13. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado resident after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 14. Special Instructions: 15. These Closing Instructions may be executed by each Buyer, Seller and Closing Company individually and when each Buyer, Seller and Closing Company has executed a copy of these Closing Instructions, such copies taken together shall be deemed to be a full and complete contract between the parties. LAND TTLE GU ANTEE C MPANY 1 APPROVED AND ACCEPTED on this day of January 07, 2000 By: Alg t t �� � % SSN# PURCHASER(S) C lob n `Age SSN# AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER °3 `i� -3 � -Sisz► TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BY: JUDY YODER, MAYOR F The printed portions of this form have been approved by the Colorado Real Estate Commission (CL8- 9 -95). CLOSING INSTRUCTIONS THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. TO: LAND TITLE GUARANTEE COMPANY DATE: January 07, 2000 ESCROW NO. VE267747 TITLE NO. V267747 1. AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP SELLER(S) and TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BUYER(s) engage LAND TITLE GUARANTEE COMPANY Closing Company, 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: LOT 2, EAGLEWOOD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 5, 1989, COUNTY OF EAGLE, STATE OF COLORADO. also known and numbered as: LOT 2, EAGLEWOOD SUBDIVISION 2. Closing Company 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 November 19, 1999 , with any counterproposals and amendments attached (Contract). 3. Closing Company will receive a fee not to exceed $230.00 for providing these closing and settlement services to be the expense of SPLIT BETWEEN BUYER AND SELLER 4. Closing Company is authorized to receive funds and to disburse 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"]. 5. Closing Company is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in Sections 10 and 11. 6. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. Seller will receive the net proceeds of closing as indicated: Cashier's check at seller's expense. Funds electronically transferred (wire transfer) to an account specified by a Seller, at Seller's expense; or uClosing Company's trust account check. 8. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to complete this transaction. 9. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of closing. 10. If closing does not occur, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Company 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 Buyer, shall be voided by Closing Company, with the originals) returned to the Buyer and a copy to Buyer's lender. 11. If any conflicting demands are made on the Closing Company, at its sole discretion, Closing Company may hold any monies, documents, and things of value received from any party except Buyer's lender. Closing Company shall retain such items until (1) receipt of mutual written instruction from Buyer and Seller; or (2) until a civil action between Buyer and Seller shall have been resolved in a Court of competent jurisdiction; or (3) in the alternative, Closing Company 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 Company. Such deposit with the Court shall relieve Closing Company of all further Liability and responsibility and Closing Company shall be entitled to all court costs and reasonable attorneys' fees. 12. These closing instructions may be only amended or terminated by written instructions signed by Buyer, Seller and Closing Company. 13. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado resident after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 14. Special Instructions: 15. These Closing Instructions may be executed by each Buyer, Seller and Closing Company individually and when each Buyer, Seller and Closing Company has executed a copy of these Closing Instructions, such copies taken together shall be deemed to be a full and complete contract between the parties. LAND ,ITLE RANTEE OMPANY APPROVED AND ACCEPTED on this day of January 07, 2000 B,. ) cx SELLER Closi g Ag nt S) SSN# PURCHASER(S) SSN# AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION l� BY: JUDY YODE V, MAYOR The printed portion of this form is approved by the Colorado Real Estate Commission (SS- 60 -7 -71) LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 65 MARKET ST #4, P.O. BOX 4420 SELLER'S EAGLE, CO 81631 PROPERTY ADDRESS LOT 2, EAGLEWOOD SUBDIVISION SELLER AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BUYER TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION SETTLEMENT DATE 01 -07 -2000 DATE OF PRORATION 01 -07 -2000 Debit Credit Contract Sales Price 225,000.00 Title Ins Premium OWNERS POLICY Record Release Previous Year Taxes SCHEDULE # 26249 Taxes for Curr Yr 01 10112000 to 01/07/2000 @ $19.3598 Real Estate Closing Fee LAND TITLE (112) * ** SubTotals * ** Bal Due Seller ** TOTALS ** 434.00 16.00 7,085.70 116.16 115.00 ---------- - - - - -- --------------- - 7,766.86 225,000.00 217,233.14 ---------- - - - - -- --------------- - 225,000.00 225,000.00 ---------- - - - - -- ---------------- ---------------- ---------- - - - - -- GIFT AMOUNT FROM SELLER TO BUYER, IF ANY, TO BE SETTLED BETWEEN BUYER AND SELLER OUTSIDE OF CLOSING. ANY AND ALL POST CLOSING ADJUSTMENTS ARE SOLELY BETWEEN BUYER AND SELLER. The above figures do not include sales or use taxes on personal property. APPROVED AND ACCEPTED AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR. , MANAGING GENERAL PARTNER Form No. SELLER.COMM.POC By LAND TITLE GUARANTEE COMPANY, By C'44rv"�Iwl � X JC" Cynt is hindahl ESCROW# VE267747 COMMITMENT# V267747 I- 11 The printed portion of this form is approved by the Colorado ReaL Estate Commission (SS- 60 -7 -71) LAND TITLE GUARANTEE COMPANY STATEMENT OF SETTLEMENT 65 MARKET ST #4, P.O. BOX 4420- PURCHASER'S EAGLE, CO 81631 PROPERTY ADDRESS LOT 2, EAGLEWOOD SUBDIVISION SELLER AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BUYER TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION SETTLEMENT DATE 01 -07 -2000 DATE OF PRORATION 01 -07 -2000 Contract Sales Price Tax Certificate LAND TITLE Record Warranty Deed Taxes for Curr Yr 0110112000 to 01/07/2000 Q $19.3598 Real Estate Closing Fee LAND TITLE (112) * ** SubTotals * ** Bal Due From Buyer ** TOTALS ** Debit -. 225,000.00 15.00 10.00 116.16 115.00 ---------- - - - - -- --------------- - 225,140.00 116.16 225,023.84 ---------- - - - - -- --------------- - 225,140.00 225,140.00 ---------- - - - - -- ---------------- ---------------- ---------- - - - - -- GIFT AMOUNT FROM SELLER TO BUYER, IF ANY, TO BE SETTLED BETWEEN BUYER AND SELLER OUTSIDE OF CLOSING. ANY AND ALL POST CLOSING ADJUSTMENTS ARE SOLELY BETWEEN BUYER AND SELLER. The above figures do not include sales or use taxes on personal property. APPROVED AND ACCEPTED TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BY: JUDY YODER, YOR Form No. BUYER.COMM.POC By LAND TITLE GUARANTEE COMPANY, By C. t is Lindahl 4 A A � kAm� r� ESCROW# VE267747 COMMITMENT# V267747 Filed for record the day of A.D. at o'clock M. RECORDER Reception No. .: >'. By DEPUTY. WARRANTY DEED THIS DEED, Made on th is day of January 07, 2000 between AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP of the County of EAGLE and State of Colorado of the Grantor(s), and TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION whose legal address is : P.O. BOX 975, AVON, CO 81620 of the County of EAGLE and State of Colorado of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $225,000.00 * ** Two Hundred Twenty Five Thousand and 00 /100 * ** II the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of EAGLE and State of Colorado, described as follows: LOT 2, EAGLEWOOD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 5, 1989, COUNTY OF EAGLE, STATE OF COLORADO. also known as street number LOT 2, EAGLEWOOD SUBDIVISION TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), 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 appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, 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 GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2000 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF Colorado ) )ss. ROBERT M RULON Notary Public State of Colorqdo The f �dgo by DAVID GAl ,AAA AVON RANCH COMPANY A COLORAD:)WjENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER before me on this day of My commission expires q1 Lut-)-Z- Witness my hand and offici seal �e� Notary �Public Name and Address of Person Creating Newly Created Legal Description ( 38 -35- 106.5, C.R.S.) Escrow# VE267747 When Recorded Return to: TOWN OF AVON, A COLORADO MUNICIPAL Title# V267747 CORPORATION P.O. BOX 975 Form No. 932 Rev 4 -94. WARRANTY DEED (Photographic Record WD.OPEN) AVON, CO 81620 EXHIBIT "A" Our Order No. V267747 TO WARRANTY DEED PAGE 1 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 04, 1905, IN BOOK 48 AT PAGE 272 AND IN UNITED STATES PATENT RECORDED NOVEMBER 29, 1916, IN BOOK 48 AT PAGE 606. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 29, 1916, IN BOOK 48 AT PAGE 606. EASEMENT AND RIGHT OF WAY FOR THE EAGLE RIVER AS IT AFFECTS SUBJECT PROPERTY. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE RECORDED NOVEMBER 27, 1996 IN BOOK 712 AT PAGE 443. TERMS, CONDITIONS AND PROVISIONS OF SERVICE AGREEMENT RECORDED JUNE 02, 1982 IN BOOK 341 AT PAGE 134 AND AMENDMENT RECORDED JUNE 2, 1982 IN BOOK 341 AT PAGE 133. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE EAGLEWOOD PLAT RECORDED JANUARY 05, 1989 IN BOOK 497 AT PAGE 919. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED October 15, 1981 IN BOOK 330 AT PAGE 592. TEMPORARY EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANITATION DISTRICT IN INSTRUMENT RECORDED JUNE 17, 1981 IN BOOK 324 AT PAGE 645. EASEMENT AS GRANTED TO UPPER EAGLE VALLEY IN INSTRUMENT RECORDED JUNE 17, 1981 IN BOOK 324 AT PAGE 646. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE RIGHT OF WAY, FROM AND TO ANY PART OF THE SUBJECT PROPERTY ABUTTING UPON SAID HIGHWAY, ALONG OR ACROSS THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, FROM WHICH POINT THE NW CORNER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN EAGLE COUNTY, COLORADO BEARS NORTH 72 DEGREES 33 MINUTES WEST, A DISTANCE OF 1,282.2 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1,862.0 FEET, A DISTANCE OF 542.8 FEET (THE CHORD OF THIS ARC BEARS NORTH 81 DEGREES 53 MINUTES 30 SECONDS EAST, A DISTANCE OF 540.9 FEET); THENCE NORTH 58 DEGREES 06 MINUTES 30 SECONDS EAST, A DISTANCE OF 103.4 FEET. ALSO BEGINNING AT A POINT ON THE NORTH LINE OF THE NE 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN EAGLE COUNTY, COLORADO, FROM WHICH POINT THE NW CORNER OF SECTION 11 BEARS NORTH 89 DEGREES 33 MINUTES WEST, A DISTANCE OF 2,149.9 FEET; THENCE SOUTH 74 DEGREES 13 MINUTES 30 SECONDS WEST, A DISTANCE OF 347.7 FEET; THENCE NORTH 87 DEGREES 35 EXHIBIT "All Our Order No. V267747 T.O WARRANTY DEED Page 2 MINUTES 30 SECONDS WEST, A DISTANCE OF 464.0 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NW 1/4 OF SECTION 11, AS GRANTED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY THE DEED FROM VIOLET M. MONTGOMERY, RECORDED OCTOBER 7, 1969, IN BOOK 216 AT PAGE 123 AS RECEPTION NO. 111640. Filed for record the day of ,A.D. , at o'clock M. RECORDER Reception No. By DEPUTY. WARRANTY DEED THIS DEED, Made on this day of January 07, 2000 between AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP of the County of EAGLE and State of Colorado , of the Grantor(s), and TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION whose legal address is : P.O. BOX 975 AVON CO 81620 of the County of EAGLE and State of Colorado of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( $225,000.00 * ** Two Hundred Twenty Five Thousand and 00 /100 * ** DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of EAGLE and State of Colorado, described as follows: LOT 2, EAGLEWOOD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 5, 1989, COUNTY OF EAGLE, STATE OF COLORADO. also known as street number LOT 2, EAGLEWOOD SUBDIVISION TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grantor(s), 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 appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery . of these presents, he is well seized of the premises above conveyed, 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 GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2000 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. READ AND APPROVED STATE OF Colorado ) )ss. County of EAGLE ) AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER The foregoing instrument was acknowledged before me on this day of January 07 by DAVID GARTON, JR., AS MANAGING GENERAL PARTNER nE AVnW OAtvru nn%Xn. My commission expires Witness my hand and official seal. Notary Public Name and Address of Person Creating Newly Created Legal Description ( 38 -35- 106.5, C.R.S.) Escrow# VE267747 When Recorded Return to: TOWN OF AVON, A COLORADO MUNIC Title# V267747 CORPORATION P.O. BOX 975 Form No. 932 Rev 4-94. WARRANTY DEED (Photographic Record WD.OPEN) AVON, CO 75 EXHIBIT "A" Our Order No. V267747 TO WARRANTY DEED PAGE 1 RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 04, 1905, IN BOOK 48 AT PAGE 272 AND IN UNITED STATES PATENT RECORDED NOVEMBER 29, 1916, IN BOOK 48 AT PAGE 606. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 29, 1916, IN BOOK 48 AT PAGE 606. EASEMENT AND RIGHT OF WAY FOR THE EAGLE RIVER AS IT AFFECTS SUBJECT PROPERTY. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE RECORDED NOVEMBER 27, 1996 IN BOOK 712 AT PAGE 443. TERMS, CONDITIONS AND PROVISIONS OF SERVICE AGREEMENT RECORDED JUNE 02, 1982 IN BOOK 341 AT PAGE 134 AND AMENDMENT RECORDED JUNE 2, 1982 IN BOOK 341 AT PAGE 133. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE EAGLEWOOD PLAT RECORDED JANUARY 05, 1989 IN BOOK 497 AT PAGE 919. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED October 15, 1981 IN BOOK 330 AT PAGE 592. TEMPORARY EASEMENT AS GRANTED TO UPPER EAGLE VALLEY SANITATION DISTRICT IN INSTRUMENT RECORDED JUNE 17, 1981 IN BOOK 324 AT PAGE 645. EASEMENT AS GRANTED TO UPPER EAGLE VALLEY IN INSTRUMENT RECORDED JUNE 17, 1981 IN BOOK 324 AT PAGE 646. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE RIGHT OF WAY, FROM AND TO ANY PART OF THE SUBJECT PROPERTY ABUTTING UPON SAID HIGHWAY, ALONG OR ACROSS THE LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, FROM WHICH POINT THE NW CORNER OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN EAGLE COUNTY, COLORADO BEARS NORTH 72 DEGREES 33 MINUTES WEST, A DISTANCE OF 1,282.2 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1,862.0 FEET, A DISTANCE OF 542.8 FEET (THE CHORD OF THIS ARC BEARS NORTH 81 DEGREES 53 MINUTES 30 SECONDS EAST, A DISTANCE OF 540.9 FEET); THENCE NORTH 58 DEGREES 06 MINUTES 30 SECONDS EAST, A DISTANCE OF 103.4 FEET. ALSO BEGINNING AT A POINT ON THE NORTH LINE OF THE NE 1/4 OF THE NW 1/4 OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN EAGLE COUNTY, COLORADO, FROM WHICH POINT THE NW CORNER OF SECTION 11 BEARS NORTH 89 DEGREES 33 MINUTES WEST, A DISTANCE OF 2,149.9 FEET; THENCE SOUTH 74 DEGREES 13 MINUTES 30 SECONDS WEST, A DISTANCE OF 347.7 FEET; THENCE NORTH 87 DEGREES 35 EXHIBIT 11A" Our Order No. V267747 T.0 WARRANTY DEED Page 2 MINUTES 30 SECONDS WEST, A DISTANCE OF 464.0 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST 1/4 OF THE NW 1/4 OF SECTION 11, AS GRANTED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, BY THE DEED FROM VIOLET M. MONTGOMERY, RECORDED OCTOBER 7, 1969, IN BOOK 216 AT PAGE 123 AS RECEPTION NO. 111640. BILL OF SALE - Vac ,t Land /Farm and Ranch L«ND TITLE GUARANTEE COMPANY 65 MARKET ST #4, P.O. BOX 44; EAGLE, CO 81631 KNOW ALL MEN BY THESE PRESENTS, That AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP of the County of EAGLE and State of Colorado, parties of the first part, in consideration of Ten Dollars and other good and valuable consideration * * * * * Dollars to their hands paid, at or before the ensealing or delivery of these presents by TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION parties of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby grant and convey unto the said parties of the second part, their executors, administrators and assigns any of the following items currently stated in the contract. INCLUSIONS: The purchase price includes the following items (a) if attached to the Property on the date of the contract: Lighting, heating, plumbing, ventilating and air conditioning fixtures, T.V. antennas, water softeners, smoke /fire /burglar alarms, security devices, inside telephone wiring and connecting blocks /jacks, plants, mirrors, floor coverings, intercom systems, built -in kitchen appliances, sprinkler systems and controls, built -in vacuum systems (including accessories) and garage door openers including remote controls; (b) if on the Property whether attached or not on the date of the contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (c): (d) Water Rights. Purchase price to include the following water rights: (e) Growing Crops. With respect to the growing crops Seller and Buyer agree as follows: The above - described items (inclusions) are to be conveyed to Purchaser by Seller free and clear of all taxes, liens and encumbrances, except as provided in Section 12 of your contract. The following attached fixtures are excluded from this sale: Located at LOT 2, EAGLEWOOD SUBDIVISION To have and to hold the same unto the said parties of the second part, their executors, administrators and assigns forever. And the said parties of the first part do(es), for themselves, their heirs, executors and administrators, covenant and agree to and with the said parties of the second part, their executors, administrators and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels, hereby made unto the said parties of the second part, their executors, administrators and assigns, against all and every person or persons whomsoever. The singular shall include the plural, the plural in singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The said parties of the first part hereunto set their hands and seal on this day of January 07, 2000 Signed, Sealed and Delivered in Presence of READ AND APPROVED r BILL.VL VE267747 AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER 1 I� BILL OF SALE - Vacant Land /Farm and Ranch LAND TITLE GUARANTEE COMPANY 65 MARKET ST #4, P.O. BOX 4420 EAGLE, CO 81631 KNOW ALL MEN BY THESE PRESENTS, That AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP of the County of EAGLE and State of Colorado, parties of the first part, in consideration of Ten Dollars and other good and valuable consideration * * * * * Dollars to their hands paid, at or before the ensealing or delivery of these presents by TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION parties of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby grant and convey unto the said parties of the second part, their executors, administrators and assigns any of the following items currently stated in the contract. INCLUSIONS: The purchase price includes the following items (a) if attached to the Property on the date of the contract: Lighting, heating, plumbing, ventilating and air conditioning fixtures, T.V. antennas, water softeners, smoke /fire /burglar alarms, security devices, inside telephone wiring and connecting blocks /jacks, plants, mirrors, floor coverings, intercom systems, built -in kitchen appliances, sprinkler systems and controls, built -in vacuum systems (including accessories) and garage door openers including remote controls; (b) if on the Property whether attached or not on the date of the contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (c): (d) Water Rights. Purchase price to include the following water rights: (e) Growing Crops. With respect to the growing crops Seller and Buyer agree as follows: The above - described items (inclusions) are to be conveyed to Purchaser by Seller free and clear of all taxes, liens and encumbrances, except as provided in Section 12 of your contract. The following attached fixtures are excluded from this sale: Located at LOT 2, EAGLEWOOD SUBDIVISION To have and to hold the same unto the said parties of the second part, their executors, administrators and assigns forever. And the said parties of the first part do(es), for themselves, their heirs, executors and administrators, covenant and agree to and with the said parties of the second part, their executors, administrators and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels, hereby made unto the said parties of the second part, their executors, administrators and assigns, against all and every person or persons whomsoever. The singular shall include the plural, the plural in singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The said parties of the first part hereunto set their hands and seal on this day of January 07, 2000 Signed, Sealed and Delivered in Presence of A-_1 AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER BILL.VL VE267747 ACKNOWLEDGEMENT The undersigned acknowledge that any documents which may have been prepared by LAND TITLE GUARANTEE COMPANY ( "LAND ") have been in accordance with the instructions given to LAND by the undersigned or by the attorney or real estate agent of the undersigned and acknowledge that LAND has acte no more than as a typist of these documents. No advice has been given to the undersigned by LAND on taxes, usury, forfeiture, or on any other matter in relation to the sale of the real property closed by this escrow, but instead the undersigned have consulted an attorney or their real estate agent on all matters, if so desired. All acts of LAND have been performed in strict compliance with our instructions up to the time of execution of this acknowledgement, except as itemized on the reverse hereof. EXECUTED ON THIS DAY OF January 07, 2000 BUYER TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BUYE BY: YODER, MAYOR BUYER BUYER ESCROW# VE267747 Form FSBO.ACK SELLER AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP SELLER BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER SELLER SELLER ACKNOWLEDGEMENT The undersigned acknowledge that any documents which may have been prepared by LAND TITLE GUARANTEE COMPANY ( "LAND ") have been in accordance with the instructions given to LAND by the undersigned or by the attorney or real estate agent of the undersigned and acknowledge that LAND has acted no more than as a typist of these documents. No advice has been given to the undersigned by LAND on taxes, usury, forfeiture, or on any other matter in relation to the sale of the real property closed by this escrow, but instead the undersigned have consulted an attorney or their real estate agent on all matters, if so desired. All acts of LAND have been performed in strict compliance with our instructions up to the time of execution of this acknowledgement, except as itemized on the reverse hereof. EXECUTED ON THIS DAY OF January 07, 2000 BUYER TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BUYER BUYER BY: JUDY YODER, MAYOR ESCROW# VE267747 Form FSBO.ACK SELLER AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP SELLER BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER SELLER SELLER r., 11--; SPECIAL DISTRICT ACKNOWLEDGMENT The undersigned has entered into a contract to purchase the property known as: LOT 2, EAGLEWOOD SUBDIVISION As required by Colorado law pursuant to C.R.S. Section 38- 35.7 -101 the Purchaser(s) are advised as follows: "Special taxing districts may be subject to general obligation indebt- edness that is paid by revenues produced from annual tax levies on the taxable property within such districts. Property owners in such districts may be placed at risk for increased mill levies and excessive tax burdens to support the servicing of such debt where circumstances arise resulting in the inability of such a district to discharge such indebtedness with- out such an increase in mill levies. Purchasers should investigate the debt financing requirements of the authorized general obligation indebt- edness of such districts, existing mill levies of such district servicing such indebtedness, and the potential for an increase in such mill levies." Date: Janu TOWN OF AVON, A COLORADO Purchaser MUNICIPAL CORPORATION /• �� MAYOR Purchaser Purchaser Purchaser Form SDA 8/92 VE267747 V267747 i AEG R E E M E N T F O R T A X E S It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as: LOT 2, EAGLEWOOD SUBDIVISION that the taxes for the current year have been adjusted as of this date on the basis of: ( X ) General taxes in the amount of $7,085.70 based on the taxes for the calendar year immediately preceding closing. ( ) 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 figures. Any adjustment shall be made between the Buyer(s) and Seller(s) if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for this re- adjustment or any liability in connection therewith. ( ) NO ADJUSTMENT ( ) Estimate for ( ) Taxes based on amount of and this agreement shall be ( X ) A final settlement. taxes of percent of in the ( ) Re- adjusted between the Buyer(s) and Seller(s) as soon as the taxes have been billed by the County Treasurer. If a re- adjustment is necessary, Land Title Guarantee Company will not make or be responsible for this re- adjustment. It is further understood and agreed between the Buyer(s) and Seller(s) that ( X ) No governmental body taxing authority has certified an assessment lien to the County Treasurer for special improvements installed prior to the date of the Buyers execution of the Agreement for Purchase. ( ) Special improvements now in and being paid in annual installments 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 and /or its underwriter assumes no responsibility or any liability for the adjustment of special taxes or assessments unless they are shown on the County Treasurer's Certificate of Taxes Due. Any adjustment shall be made between the Buyer(s) and Seller(s), if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for the re- adjustment or liability in connection therewith. This Agreement made and executed this day of January 07, 2000 BUYER (S) TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BY: ODER, Form No. PREV.FINAL 1/1/94 SELLER(S) AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER (!7� G R E E M E N T F O R T A(:E S It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as: LOT 2, EAGLEWOOD SUBDIVISION that the taxes for the current year have been adjusted as of this date on the basis of: ( X ) General taxes in the amount of $7,085.70 based on the taxes for the calendar year immediately preceding closing. ( ) 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 figures. Any adjustment shall be made between the Buyer(s) and Seller(s) if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for this re- adjustment or any liability in connection therewith. ( ) NO ADJUSTMENT ( ) Estimate for ( ) Taxes based on amount of and this agreement shall be ( X ) A final settlement. taxes of percent of in the ( ) Re- adjusted between the Buyer(s) and Seller(s) as soon as the taxes have been billed by the County Treasurer. If a re- adjustment is necessary, Land Title Guarantee Company will not make or be responsible for this re- adjustment. It is further understood and agreed between the Buyer(s) and Seller(s) that ( X ) No governmental body taxing authority has certified an assessment lien to the County Treasurer for special improvements installed prior to the date of the Buyers execution of the Agreement for Purchase. ( ) Special improvements now in and being paid in annual installments 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 and /or its underwriter assumes no responsibility or any liability for the adjustment of special taxes or assessments unless they are shown on the County Treasurer's Certificate of Taxes Due. Any adjustment shall be made between the Buyer(s) and Seller(s), if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for the re- adjustment or liability in connection therewith. This Agreement made and executed this day of BUYERS) TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BY: JUDY YODER, MAYOR Form No. PREV.FINAL 1/1/94 January 07, 2000 SELLER(S) AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER PURCHASER FINAL AFFIDAVIT AND AGREEMENT RE: Commitment No. V267747 Escrow No. VE267747 State of Colorado, County of EAGLE RE: Real property and improvements located at: LOT 2, EAGLEWOOD SUBDIVISION in the County of EAGLE State of Colorado, and more particularly described as follows: LOT 2, EAGLEWOOD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 5, 1989, COUNTY OF EAGLE, STATE OF COLORADO. Whereas, Land Title Guarantee Company has issued its Commitment No. V267747 covering said property, The Undersigned, Purchaser of the Real Estate and improvements located on the herein described property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made. Further, there are no liens or encumbrances recorded or unrecorded affecting the subject property. 3. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, undersigned is required to attach a description of same with the corresponding payment information. 4. That the purchaser(s) have or will take possession of the premises on or about January 07, 2000 5. That the full purchase price has been paid by said purchaser (s) to said Owner- Seller. 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, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damage expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation arising out of any inaccuracies in the above representations. Owner(s) Forwarding Address: P.O. BOX 975 AVON, CO 81620 TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION rVBY: YODE OR Y STATE OF Colorado } COUNTY OF The foregoing instrument was acknowledged before me on this day of January 07, 2000 by TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION WITNESS MY HAND AND OFFIC-AL,SEAL. My Commission Expires: (�'1 Form PA Nota7 Pu lic SELLER -OWNER RE: Commitment No. V267747 State of Colorado, County of EAGLE RE: Real property and improvements LOT 2, EAGLEWOOD SUBDIVISION located at: FINAL AFFIDAVIT AND AGREEMENT Escrow No. VE267747 in the County of EAGLE State of Colorado, and more particularly described as follows: LOT 2, EAGLEWOOD SUBDIVISION, ACCORDING TO THE PLAT RECORDED JANUARY 5, 1989, COUNTY OF EAGLE, STATE OF COLORADO. Whereas, Land Title Guarantee Company has issued its Commitment No. V267747 covering said property, The Undersigned, Owner- Seller of the Real Estate and improvements located on the herein described property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the property described in said commitment, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made. Further, there are no liens or encumbrances recorded or unrecorded affecting the subject property. 3. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned, within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, undersigned is required to attach a description of same with the corresponding payment information. 4. That all improvements constructed on the real estate herein described were completed on or before January 07, 2000 5. That all fees, assessments and charges of the homeowners association having jurisdiction over the above described property, if applicable, are current at this time. 7X There are no existing leases or tenancies affecting said property. 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, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damage expenses and charges, including but limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation arising out of any inaccuracies in the above representations. the above representations. Seller(s) Forwarding Address: P.O. BOX 480 GYPSUM, CO 81637 AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER FOBERT M RULON Notary Public S*ofe of Colorado r:mr My Conirr is,:ion Expires Sep 25, 2002 STATE OF Colorado } COUNTY OF EAGLE The foregoing instrument was acknowledged before me January 07, 2000 , by DAVID GARTON, JR., AS MANAGING GENERAL PARTNER OF GENERAL PARTNERSHIP WITNESS MY HAND AND OFFICI S My Commission Expires: Form SA on this day of AVON RANCH COMPANY, A COLORADO zo le', �, N tary Public DISCLOSURE The undersigned do hereby acknowledge that they understand the following special provisions: I. Laws of Escheat. All Parties are hereby advised that checks issued by Land Title and uncashed by payee after five (5) years are subject to laws of escheat. Should Land Title pay any such funds held, Land Title shall be released from all further responsibility under this Agreement and shall not be liable to any Party so long as such payment was made pursuant to the statutes of Colorado or regulations of the Colorado Department of Revenue. 2. Funds Held by Land Title Land Title shall keep all funds deposited pursuant to any closing and settlement services separate and apart from the assets of the company, in an account designated as an escrow account or custodial account and so recognized by the depository institution. The undersigned also hereby acknowledge that funds held by Land Title may generate earnings which will be retained by Land Title. 3. FDIC Limit Notice. The insurance coverage provided by the Federal Deposit Insurance Corporation protects a depositor up to a cumulative maximum deposit of $100,000.00 for each insured financial institution. Ownership is determined by the deposit records of the financial institution and /or the records of the named custodian of any escrow accounts. Land Title and its underwriter assume no responsibility for nor will the undersigned hold same liable for any loss which arises from the fact that the amount of the above deposit may cause the aggregate amount of any individual depositor's accounts to exceed $100,000.00 Seller (s) � AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER January 07, 2000 Date Form: DISCLOSURE.ONLY Buyer(s)/Borrower(s) TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BY: JUDY YODER, MAYOR January 07, 2000 Date DISCLOSURE The undersigned do hereby acknowledge that they understand the following special provisions: 1. Laws of Escheat. All Parties are hereby advised that checks issued by Land Title and uncashed by payee after five (5) years are subject to laws of escheat. Should Land Title pay any such funds held, Land Title shall be released from all further responsibility under this Agreement and shall not be liable to any Party so long as such payment was made pursuant to the statutes of Colorado or regulations of the Colorado Department of Revenue. 2. Funds Held by Land Title. Land Title shall keep all funds deposited pursuant to any closing and settlement services separate and apart from the assets of the company, in an account designated as an escrow account or custodial account and so recognized by the depository institution. The undersigned also hereby acknowledge that funds held by Land Title may generate earnings which will be retained by Land Title. 3. FDIC Limit Notice. The insurance coverage provided by the Federal Deposit Insurance Corporation protects a depositor up to a cumulative maximum deposit of $100,000.00 for each insured financial institution. Ownership is determined by the deposit records of the financial institution and /or the records of the named custodian of any escrow accounts. Land Title and its underwriter assume no responsibility for nor will the undersigned hold same liable for any loss which arises from the fact that the amount of the above deposit may cause the aggregate amount of any individual depositor's accounts to exceed $100,000.00 Sellers Buyer(s) /Borrower(s) AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER January 07, 2000 Date Form: DISCLOSURE.ONLY TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION BY: JUDY Y ER, M O January 07, 2000 Date 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 AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP hereinafter referred to as the transferor, certifies the following; 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 identification number is 84- 0880869 , and 3. The transferor's office address is: P.O. BOX 480 GYPSUM, CO 81637 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: January 07, 2000 r AVON RANCH COMPANY A C LORADO GENERAL PARTNERSHIP BY: DAVID GARTON, JR., MANAGING GENERAL PARTNER STATE OF Colorado ) ) ss. COUNTY OF EAGLE ) Sworn to before me on this day of January 07, 2000 by DAVID GARTON, JR., AS MANAGING GENERAL PARTNER OF AVON RANCH COMPANY, A COLORADO GENERAL PARTNERSHIP My commission expires: 2.° Z cc:' Z_ ROBERT M RULON Notary Pubric 3 Form FIRPTA.ENT VE267747 witness my hand and official seal. Notary Public REAL PROPERTY TRANSFER DECLARATION GENERAL INFORMATION (TD -1000) PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39- 14- 102(4), Colorado Revised Statutes (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) 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 Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025p (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39- 14- 102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39 -5- 121.5, C.R.S. and 39- 13- 102(5)(c), C.R.S. 1. Address and /or legal description of the real property sold: (Please do not use P.O. box numbers) LOT 2, EAGLEWOOD SUBDIVISION 2. T pe of property purchased: ❑ Single Family Residential ❑ Townhome Condominium E] Multi-Unit Res 1� Commercial [] Industrial E] Agricultural [I Mixed Use XX Vacant Land ❑ Other 3. Date of closing: January 07, 2000 4. Total Sales Price: including all real and personal property. $225,000.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire urchase price will be assumed to be for the real property as per 39 -13 -102, C.R.S. Yes © No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approx- imate valuq of the goods or services as of the date of closing. E] Yes 'k No If yes, value $ if yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes ❑ No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. [g] Yes ❑ No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. Yes ,ij%q',, No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. ❑ New ❑ Excellent [] Good [] Average ❑ Fair Poor ❑ Salvage. If the property is financed, please complete the following. 10. Total amount financed. $ 11. Type of financing: (Check all that apply) e New ❑ Assumed [] Seller F1 Third Party Combination; Explain 12. Terms: e Variable; Starting interest rate Fixed; Interest rate Length of time years Balloon payment L Yes L No; Amount Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. s:: sza; az:: z�:r: s:: x�:: axc:: 2: nonsssr•:: texrxss•: ss:: sy,, ::,,,,:•.,,; s•..:•: >::>•<: r.,;.,;.,,,..>.> : :;,,.,,..,;::.:..,.t.,.,.;:::: •: 5....:....,,..........,....... i.. 1 .. .:............:..:.:..: :C..s:;: Kati:,,, v.^,•^. �: X': 2�9.: 5>:? �R`; 2::;?,,, •:.,,r:,,,,•:::,:,,;.,.::�.,•., ,•..,, :•n,;.. „,,,,..:.,, ..... ..,..,,.,,•..,•n'a'.':'a'.2:: "' ,:,.,:..:., ::: For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14 -16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes" No If yes, franchise or license fee value? $ 15. Did the purchase price involve an installment land contract? ❑ Yes �^ No If yes, date of contract 16. If this was a va5ant land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? Yes No Remarks: Please include any additional information concerning the sale you may feel is important. s: >: >e >:ss: s;: •x:;: •ar 17. Signed on this day of January 07, 2000 Please designate buyer or seller. Mailing Address Signatur f Grante Buy. or Grantor (Seller) ❑ TOWN OF AVON, A COLORADO MUNICIPAL CORPORATION P.O. BOX 975, AVON, CO 81620 Daytime Phone Form RPT I V267747 VE267747 TRADE NAME AFFIDAVIT STATE OF COLORADO ) )ss. County of EAGLE ) DAVID GARTON, JR. of the Name of person filing affidavit County of EAGLE in the State of Colorado, being first duly sworn, upon oath deposes and says that AVON RANCH COMPANY A COLORADO GENERAL PARTNERSHIP Trade Name is the name under which a business or trade is being carried on at P.O. BOX 480, GYPSUM, CO 81637 Address in the County of EAGLE and State of Colorado. The full names and surnames and addresses of all persons who are represented by the said trade name are as follows: Name Address DAVID GARTON, JR. P.O. BOX 480 GYPSUM, CO 81637 ALPHA -OMEGA ASSOCIATES, A LIMITED PAARTNERS CIO ARTHUR TRUME, JR. 23 FONTANA LANE #109, BALTIMORE, MD 21 ' ARTHUR KELTON, JR. 225 WALL VAIL, CO 81657 AUSTIN C. OH 70 LAKE LILLINONAH RD. SOUTH BRIDGEWATER, CT 06752 The affiant is (one of the persons) (the person) ** carrying on said business or trade unnder the above name. DAVID GARTON, JR. Subscribed and sworn to before me on this day of January 07, 2000 My Commission expires % /,' Z'2 V c'2 Witness my ROBERT M RULON Notary Public State of Colorado �� 1 Notary Public ms's. MY Ccbrnl mission Expires Sep 25.2002 ** Strike as app ica e NOTE - Any person, partnership or other business organization doing business in this State under any name other than the personal name of its owner or owners may record with the County Clerk and Recorder of the County in which the business or trade is carried on and in which any real property owned by the person, partnership or other business organization is located an Affidavit setting forth the full first names or surnames of all parties representing such person, partnership or other business organization. Any change in the parties so represented, whether of withdrawal, addition, or otherwise, shall require that an Affidavit be filed for record. For information on additional filing requirements, contact the Department of Revenue. Form No. TRADEAAME No. 298 9 -85 TRADE NAME AFFIDAVIT VE267747 V267747 WHEN RECORED RETURN TO: 37 CONTRACT OF SALE This agreement is made this 19th day of November, 1999, by Avon Ranch Company, in this agreement referred to as seller, whose business address is P.O. Box 480, Gypsum, CO 81637, and Town of Avon, in this agreement referred to as purchaser, a municipal corporation organized under the laws of the State of Colorado, with its principal office at P.O. Box 975, 400 Benchmark Rd., Avon, CO 81620. R ecital Is In consideration of the covenants and agreements of the respective parties, as set forth in this agreement, seller agrees to sell and convey to purchaser, and purchaser agrees to purchase and take from seller, the real property situated at 37,101 Highways 6 & 24, Avon, Colorado, and particularly described as follows: Lot 2, Eaglewood Subdivision, Avon, Colorado. The real property above described is referred to as the property in this agreement. Transfer to purchaser shall include all right, title and interest of seller in and to all streets, alleys, roads and avenues adjoining the property, and shall further include any award for damaging or taking by eminent domain by public or quasi - public authority, of the property or any part of it. The following terms, provisions, and conditions are further agreed to: Section I. - Price and Property Seller, at seller's expense, shall, within one hundred twenty (120) days after the date hereof, have the property appraised by a MAI certified appraiser to determine its fair market value. Closing is not contingent on the appraisal, and appraisal may or may not be completed prior to closing. Upon approval by purchaser and seller, which approval shall not be unreasonably withheld, the appraiser's value shall be deemed the property's fair market value (the "Appraisal Price "). The total purchase price for the property shall be Two Hundred and Twenty —Five Thousand Dollars ($225,000)(the "Purchase Price "), payable at closing. Section II. - Gift The difference between the Appraisal Price and the Purchase Price for the property is to be a gift from seller to purchaser (the "Gift Amount "). The Gift Amount shall be allocated among the partners of Avon Ranch Company in accordance with the interest of each. The gift shall be acknowledged and evidenced in writing by purchaser at or after closing. Section III. - Title (a). Conveyance of title to the property shall be by general warranty deed with full covenants, executed by seller to purchaser. Title to be conveyed shall be good and marketable, subject only to utility easements recorded in the land records of Eagle County, Colorado. (b). Conveyance of title shall be made and sale closed within thirty (30) days after the date of this contract. Title shall be evidenced by a standard form title insurance policy issued by a title company doing business in Avon, insuring title to the property to be in the purchaser, subject only to the matters set forth in this agreement. (c). It is the responsibility of the seller to deliver a commitment for title insurance within ten (10) days after signing of the contract and to deliver a policy of title insurance after closing in the amount of the purchase price; seller to pay the premium. Section IV. - Assessments If, at the time of transfer of title, the property or any part of the property is subject to an assessment or assessments payable in installments, all such installments not due or delinquent at the time of transfer shall nevertheless be deemed to be due and payable at such time and as liens on the real property described in this agreement, and all such assessments shall be paid and discharged by seller. Section V. - Proration The following item shall be prorated as of the closing: real estate taxes due but not delinquent. Section VI. - Risk of Loss; Transfer of Possession (a). Risk of loss or damage by fire or other casualty to the property or any part of the property prior to the closing, shall be the risk of seller. In the event of such loss or damage prior to closing, this contract shall not be affected but seller shall assign to purchaser all rights under any insurance policy or policies applicable to such loss. If action is necessary to recover under any casualty policy, seller shall grant permission to bring such action in seller's name. (b). Possession of the property shall be transferred at closing. Section VII. - Environmental Matters Seller warrants that seller has not used, nor authorized, nor allowed the use of the property, and, to seller's knowledge, the property has not been used, for the handling, treatment, storage, disposal or release of any hazardous or toxic substance as defined under any applicable state or federal law or regulation including, without limitation, the Comprehensive Environmental Response Compensation and Liability Act ( "CERCLA "), in amounts that would reasonably necessitate any response or corrective action, including any such action under CERCLA as amended, the Resource Conservation and Recovery Act, as amended, or any other applicable law or regulation. Prior to closing, and as part of its due diligence, purchaser may order and pay for an environmental report, for the purpose of ascertaining that purchaser will not incur any environmental liability by acquiring title to the property. If the environmental report discloses a reasonable likelihood that purchaser would be subject to environmental liability upon taking title to the property, purchaser shall have the option of canceling this contract of sale. Section VIII. - Closing Fees Closing fees shall be shared by the purchaser and the seller: but purchaser's share shall not exceed the lesser of one -half of the total closing costs or $200. 2 Section IX. - Binding Effect of Contract This contract and the covenants and agreements of this contract shall bind and inure to the benefit of parties, and their respective successors and assigns. In witness, the parties have executed this instrument on the date first above specified. Two duplicate originals of the contract have been signed. TOWN OF AVON, COLORADO AVON RANCH COMPANY J# Yode or 3 Dave Garton, Managing Partner ATTEST: FROM Arthur Kelton, Jr. FAX NO. : e02 824 5915 Nov. 23 1999 12:24AM P3 Nov- -22 -99 01s53P Garton 970 524 50589 P -O4 Se w Bind -na of Con[rac[on[rac[ T'}ui con[raut attd the Covenants and agrcIt=nts of this contract sh-:91 bind and ittllr>` W the benefit of parties7 wui thair r¢spective Mccesscrs and assigns. In witness, the parties have executed this tnitn lent on the date first above specified. Two duplicate originals of rl�e have have been signed. TO W-1 OF AVON. COLORADO Judy Yoder. Mayo* aI -cEST- Kris \ash AVON RANCH COMPAN Dave Garton, Maaaginq Partner A-- "TEST. Ir 1 Approved by these Avon Ranch Partners who own more than 70% of the partnership: �ary"3 -mar "tai , 3r . Nov -?-4 -99 11:47A Garton 970 524 50589 P.04 S - Binding Con r This contract and the covenants and aircemerits of this contract shall bind and inure to the beftefiT of payligs. and their respective successor- and assigns. Itt wt[riCSi, the pAnic5 ha, cxacUTtd this instrument on Tbc gate first lba4e 3peclfied. Tu0 duplicate originals of the contract have been signed, TOW- OF AVON. COLORADO Judy YO&T. M- 00r Kris Nash AVOID RANCH COM- PANY Dave Garton, Managing Partner ATTEST: Approved by these Avon Ranch Partners who own more than 70% of the Partnership-