07-31-2006 EAST WEST RESORT DEVELOPMENT DEED OF EASEMENT FOR EAGLE RIVER RECREATION PROJECT8016/200e
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DEED OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS: That EAST WEST RESORT
DEVELOPMENT XIV, L.P., L.L.L.P., Grantor, whose address is P.O. Drawer 2770,100 E. Thomas
Place, Avon, Colorado 81620, in consideration of TEN DOLLARS ($10.00), 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, Grantee, whose address is P. O Box 975, Avon,
Colorado 81620, subject to the terms and conditions contained herein, a pemnanent, non-exclusive
floating, walking, construction, maintenance and access easement, including all underground and
surface appurtenances thereto and all rights and privileges as are necessary or incidental to the
reasonable and proper use of such easement in accordance with this instrument in and to, over, under
and across the tract of land described as follows:
More particularly described as Exhibit A, attached hereto and by this reference
made a part hereof.
1. Grantee agrees that construction of the Project shall be in accordance with the
general plans for the 2006 Eagle River Recreation project, which plans are generally depicted on
Exhibit B attached hereto and incorporated herein. Grantee agrees to obtain the prior written
consent of Grantor as to any additional above-grade improvements not depicted on Exhibit B,
which consent will not be unreasonably withheld if the proposed improvements do not involve
visual or other impacts to Grantor's developments on those parcels located adjacent to and in the
vicinity of the easement area and known as Riverfront Village.
2. Grantor reserves the right to use said easement area for purposes which will
not interfere with Grantee's full enjoyment of the rights hereby granted; and the parties further
agree that the uses of said easement by Grantor and Grantee and the agreements concerning
those uses shall be as follows:
(a) Except as provided below, Grantor shall not erect or construct any
building or other-&tFttmre, or drill or operate any well, or construct any
permanent obstruction, or subtract from or add substantially to the ground
level in said easement without obtaining the specific written permission of the
Grantee, which permission shall not be unreasonably withheld;
(b) Except as provided below, Grantor shall take no action which
would impair or in any way modify the surface of, or the lateral or subjacent
support for, the aforementioned improvements and appurtenances within the
easement without obtaining the specific written permission of the Grantee,
which permission shall not be unreasonably withheld. Grantor shall use
reasonable efforts to not disturb any such Grantee improvements and
appurtenances but Grantor shall otherwise not be responsible for any cost,
damage or loss with respect to Grantee improvements or appurtenances.
(c) Notwithstanding the foregoing or any contrary provision herein,
Grantor reserves the right to place utilities, landscaping and irrigation
improvements within the easement area and to construct improvements not
inconsistent with the use of the easement, and Grantor agrees at its own
expense to restore the area of the easement in the event of the disturbance of
the area of the easement to a condition as close to the preexisting condition as
is commercially reasonable, subject to the continued existence of Grantor's
improvements. Further, Grantee acknowledges and accepts that Grantor may
grant additional easements within the easement area relating to the
installation, maintenance, repair and replacement of such Grantor
improvements. Grantee shall take no action which would impair or in any
way impact Grantor's improvements without the prior written consent of
Grantor, which consent will not be unreasonably withheld.
(d) Grantor disclaims any responsibility for any impact on wetlands
adjacent to the area of the easement arising from the construction and use of
the easement.
(e) Grantee hereby represents and warrants to Grantor that Grantee
shall comply with all applicable federal, state and local laws and regulations
in connection with the construction, use and maintenance of any Grantee
improvements or appurtenances or otherwise relating to Grantee's activities
pursuant hereto.
3. Grantee agrees, to the extent permitted by law, to indemnify, defend and hold
harmless Grantor, its designees, agents, employees, officers, directors, shareholders, successors
and assigns and the Property (including, without limitation, claims made directly by Grantee)
from and against any and all claims, causes of action, costs, damages, expenses and liabilities
(including, without limitation, reasonable legal fees) arising from or related to the easement
herein granted to Grantee and its use by Grantee and Grantee's designees, agents, employees,
officers, directors, shareholders, successors and assigns or by any person acting through or on
behalf of Grantee, including, without limitation, those arising from or related to any negligent
acts or omissions, intentional misconduct and any mechanic's or materialmen's liens caused or
permitted by Grantee in connection with the easement granted herein or otherwise arising under
this Deed of Easement, except those caused by the willful misconduct or negligence of Grantee
or its designees, agents, employees, officers, directors, shareholders, successors or assigns.
Grantee agrees to cause Grantor to be an additional insured on its public liability insurance,
which Grantee agrees to keep and maintain in full force and effect during the term of this Grant
of Easement. The parties agree that this Deed of Easement is entered into in accordance with the
provisions of Colorado Revised Statutes Section 33-41-101, et seq., and Grantee agrees not to
take any action, or fail to take any action, which would prevent the limitation of liability
provided in such Statutes, including, without limitation, those listed in Colorado Revised
Statutes Section 33-41-104.
4. 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 form the terms herein contained shall be
binding on either party, or its agents or employees, hereto.
5. Grantor and Grantee each warrants to the other that it has full and lawful
authority to make the grant hereinabove contained and promises and agrees to defend the other
in the exercise of its rights hereunder against any defect in such authority.
6. 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 insure to the benefit of the parties hereto, their
respective heirs, personal representatives, successors and assigns.
7. Upon conveyance of title to Grantee of that certain real property described as
Tract A as depicted on that certain Final Plat, Riverfront Subdivision, recorded June 15, 2006 at
Reception No. 200615950 in the real property records of Eagle County, Colorado, this Deed of
Easement shall terminate and merge with title to same.
S-i-
WITNESS our hands and seals this 3 / day of -J 2006.
GRANTOR:
EAST WEST RESORT DEVELOPMENT XIV,
L.P., L.L.L.P.
By: HF Holding Corp., a Colorado corporation
Its: General Partner
By:
Titl
GRANTEE:
TOWN OF AVON
Bye
ATTEST:
To,nC rk
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was as acknowledged befog me this 3 day of
2006, by Savr~,~ ( dyy15 as t,Ce `JJ(-juoi AL-~+7 of HF
Ho ing rp., a Colorado corporation, General Partner of East West Resort Development XIV,
L.P., L.L.L.P.
619,' COLE My commission expires: j.~ - l `J(
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O ; o Witness my hand and official seal.
~Z :o
O
PUS.-'p" Notary Public
`l 6TE OF G
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
tin
The foregoing instrument was acknowledged before me this w day of
2006, by Ronald B. Wolfe as Mayor and Patty McKenny as Town Clerk of the
Tdvdi of Avon.
My commission expires
y 1-0 I 2.C >I 0
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Witness my hand and official seal.
UJ~
,.tarn ublic
My Commission Expires ofty"
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W==Md. REAL PROPERTY
TO BE ACQUIRED FOR PERMANENT EASEMENT FOR THE
TOWN OF AVON, EAGLE RIVER RECREATION PROJECT
PARCEL RICD PE-03
DESCRIPTION
RECEIVED
JUL 1 fJ 2006
Community )eielE1tpment
A parcel of land No. RICD PE-03, containing 0.253 acres, more or less, situated in Tract A,
Riverfront Subdivision, as recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado, at Reception No. 200615950 on June 15, 2006 and being more particularly described
as follows:
The True Point of Beginning being at the Southeast Corner of said The Confluence, common to
the intersection of the Northeast corner of Tract O, Beaver Creek Subdivision, and the westerly
right-of-way of Avon Road;
Thence N 12°04'40" E a distance of 111.51 feet along said Avon Road to the Northeast corner of
said Tract A;
Thence N 89°24'00" W a distance of 114.65 feet along the North line of said Tract A to a point;
Thence S 04°33'31" E a distance of 115.44 feet to a point on the south line of said Tract A;
Thence N 86°37'55" E a distance of 82.28 feet along said south line to the Southeast comer of
said Tract A. and the True Point of Beginning.
The above described parcel contains 11,0 13 square feet (0.253 acres), more or less;
I hereby state that the above described legal description ~eqy by me or under my
direct supervision.
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Date Prepare late 'IVI°d'" ti ' - gine ring
P.O. Box 6 o S1620
Duane D. Pehrit P.L.S. 26626
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83;L on ner'te J,'vide; Road, b eton, Cdorado 80127 a Phone: 303 948 62 20 ° Fax: 3U C . 9 8 F_v`
S: e 2:; a Y. F • Avon. _A,i r8 o 81 „2C • Phone: 970 _ {o~~ t-rC~' U~ 856 2!,',ii
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TRUE POINT ,
OF BEGINNING
TRACT A
RI VERFRON T SUBDI VISION
RECEP TION NO. 200615950
S04 :33'39 "E 115.44
NOTE-
THIS DOCUMENT DOES NOT REPRESENT A M0NUMEN7F0 SURVEY.
IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIP770M
BEARINGS ARE BASED UPON IHE f7NAL PLAT OF RIVERFRONT SUBDIKSION
RECORDED UNDER RECEP77ON NO. 200615950 ON JUNE 15, 2006:
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TRACT A, RIVERFRONT SUBDIVISION
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