01-13-2005 SHERWOOD MEADOWS ASSOCIATION INC DEED OF EASEMENTDEED OF EASEMENT
THIS DEED, made this Lo day of January, 2005, between Sherwood
Meadows Association, Inc, a Colorado non-profit corporation (Owner), whose address is c/o
Scott Wright, P.O. Box 975, Avon. Colorado 81620 and Town of Avon (Town), whose address
is P.O. Box 975, Avon, Colorado 81620;
WITNESSETH:
1. That for and in consideration of the covenants and agreements herein set forth,
the sum of ONE THOUSAND SEVENTY-EIGHT DOLLARS ($1078.00), and other good and
valuable consideration in hand paid by the Town to the Owner, the receipt and adequacy of
which is hereby acknowledged, Owner grants to the Town a temporary construction easement for
the purpose of constructing public roadway improvements, including all underground and surface
appurtenances thereto, said temporary construction easement being more fully described on
Exhibit AA@ attached hereto and by this reference made a part hereof. Said temporary
construction easement shall begin on April 1, 2005, and shall expire and be of no further force or
effect on December 31, 2005. During the term of this temporary construction easement, Owner
shall not erect or construct, or allow to be erected or constructed, any building or other structure
which may interfere with Town's full enjoyment of the rights hereunder.
3. During the term of the 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.
4. Grantee covenants and agrees to restore the lands, landscaping, fences and
other improvements to a level comparable to their condition at the time of granting the
Temporary Construction Easement.
5. Grantee agrees that construction of the Project shall be in accordance with the
engineering plans for the Project.
6. 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.
7. Owner warrants that has full and lawful authority to make the grant
hereinabove contained and promises and agrees to defend Town in the exercise of its rights
hereunder against any persons claiming by, through or under Owner. but not otherwise.
8. 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.
IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day
and year first above written.
SHERWOOD MEADOWS ASSOCIATION,
INC.
ATTEST:
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By: ' W
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TOWN OF AVON
By:
Mayor T.a~
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STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me this day of January, 2005, by
as t of Sherwood Meadows Association, Inc., a Colorado
non-profit corporatio MoLr
Witness my hand and official seal.
My commission expires:
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STATE OF COLORADO )
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COUNTY OF EAGLE )
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My Commission Expires 8I30/Z008
The foregoing document was subscribed and sworn to before me this , a5
day of January, 2005, by R ""a' a `IL° as Mayor and Patty McKenny as Town Clerk of the
Town of Avon. 1 anrla., a- I(,n deetOood
My commission expires: 4/-s lol,
Witness my hand and seal
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My Commission Expires 0410&20
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EXHIBIT "A"
REAL PROPERTY
TO BE AQUIRED FOR TEMPORARY EASEMENT FOR THE
TOWN OF AVON, NOTTINGHAM ROAD PROJECT
PARCEL TE-107
DESCRIPTION
A parcel of land No. TE-107 of the Town of Avon, State of Colorado,
containing 0.015 acres, more or less, situated in Lot 9, Block 1,
Benchmark at Beaver Creek, as recorded in the Office of the Clerk and
Recorder of Eagle County, Colorado, at Book 274, Page 701, on
September 5, 1978 and being more particularly described as follows:
The True Point of Beginning being at the Northeast corner of said Lot
9, and on the southerly right-of-way line of Nottingham Road;
Thence N 62°06'10" W a distance of 101.77 feet along said right-of-way
line to a point of curvature of a curve to the left having a radius of
100.00 feet;
Thence 31.08 feet along said curve through a central angle of
17°48'21", having a chord bearing and distance of N 71°00'25" W, 30.96
feet to a point;
Thence S 10°05'23" W a distance of 5.00 feet to a point on a non-
tangent curve to the right having a radius of 95.00 feet;
Thence 29.53 feet along said curve through a central angle of
17°48'21", having a chord bearing and distance of S 71°00'25" E, 29.41
feet to a point;
Thence S 62°06'10" E a distance of 99.28 feet to a point on the east
line of said Lot 9;
Thence N 54°22'17" E along said east line a distance of 5.59 feet to
the northeast corner of said Lot 9 and the True Point of Beginning.
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The above described parcel contains 654 square feet (0.015 acres),
more or less;
I hereby state that the above described legal description has been
prepared by me or under my direct supervision.
Date
Prepared by Inter-Mountain Engineering
Duane D. Fehringer, P.E. & P.T.S. 26626
J:\cad\drawings\0037\legals\TE-107.doc
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