08-14-2006 THE VAIL CORPORATION RIVER IMPROVEMENTS EASEMENT AGREEMENT (TRACT O)AUG-25-2006 16:29 FROM:ERGLE COUNTY CLERK A 9703288716 TO:99499139
P:1/24
TEAKEJCSIP 40NC 200622400
REC. $121.00DOC= 5 22 24Pn 08/16.--'2006
.11
RIVER IMPROVMENTS EASEMENT AGREEMENX (TRACT O)
This RIV IMPRO EMEN S EASEMENT AGREEMENT (this "Agreement") is
made as of the / day of U , 2006, by and between The Vail Corporation, a Colorado
corporation ("Vail"), and THE OWN OF AVON, a municipal subdivision of the State of
Colorado ("Avon").
RECITALS
A. Vail is the owner of certain real estate legally described as Tract O, Beaver Creels
Subdivision, according to the exemption plat recorded on December 6, 1994 at
Reception No. 552695 in Book 656 at Page 662 (the "Vail Property");
B. Avon desires to construct certain river bank, in-river, and river access
improvements to create a water park for kayaking, rafting and other similar water
sports (the "Water Park") and seeks an easement for the same, together with
access thereto and therefrorn, as more particularly described in Section 1 below;
C. Certain Vail improvements, including but not limited to, a pumphouse, a surface
water intake structure, in-river water intake pipes, electric transformers and
specifically placed boulders within Eagle River anchoring such water intake
pipes, already exist in the down-river vicinity of the proposed Water Park and/or
may be installed in the future on or about the down-river vicinity of the Water
Park (the "Vail Improvements"); and
D_ The parties have agreed to the Easement on the Vail Property subject to and based
upon the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Vail and
Avon hereby acknowledge and agree as follows-
River Improvements Easement. (a) Subject to the provisions of Section 8 hereof,
Vail hereby grants to Avon an "intermittent" (as more fully described in Section 1 (b) below),
irrevocable, nonexclusive easement upon, over and across certain portions of the Vail Property
as more particularly described on the attached Exhibit A (identified thereon as "PARCEL PE-
01" and "PARCEL PE-02") for the following purposes: the existence, construction,
reconstruction, repair, replacement, maintenance, operation and use of improvements associated
with access to the Eagle River and the Water Park, including certain river bank, in-river and river
access improvements but only those improvements to be or as constructed by Avon as shown or
referenced on Exhibit B attached hereto (the "Avon Improvements"); additionally, the easement
area identified as "PARCEL PE-02" on Exhibit A may be used for the following purposes:
floating of boats, kayaks and similar water equipment and for pedestrian access on the banks of
AL►er dge lne ulce@~111M to
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r.o, Box 959 - VC 87
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J;,Arnold CFcrry~oi-XKVAIAVON\AV,onWatc7Pa:k~Tr3etOAvon Wafer Park Ease:lnentd.000
10nR094011 1 OF 24
AUG-25-2006 16:29 FROM:EAGLE COUNTY CLERK A 9703288716 TO:99499139 P:2/24
the Eagle River (the "Easement.'). Following construction of the Avon Improvements and
subject to the terms and provisions of this Agreement, Avon shall restore those portions of the
Vail Property not containing the Avon Improvements to its pre-existing condition as reasonably
approved by Vail.
(b) The Easement shall be an "intermittent easement," commencing on the day following the
close of any published ski. season on Beaver Creek Mountain and terminating on the earlier of
the day on which Vail begins operation of the water intake and/or pumphouse devices, in VA's
sole and absolute discretion, or October 1 in each and every year (the "Intermittent Term"). Use
of the Easement by Avon and the Avon Permittees (as defined in Section b hereof) shall be
limited to the Intermittent Term, provided, however, during Avon's initial construction of the
Avon Improvements which are not "in-river" improvements may occur after October 1
(contemplated to be fall of 2006). No in-river construction, reconstruction, maintenance,
replacement or repair of the Avon Improvements may take place after October 1 of any year.
(c) The Easement shall be an easement in gross for the benefit of Avon and the Avon
Permittees, and shall not be t msferable or assignable (with any purported. transfer or assignment
to render the Easement null and void and of no further force or effect at Vail's election).
(d) The Easement (identified as "PARCEL PE-01" and "PARCEL PE-02") and the
Easement's location relative to and within the Water Park, is generally depicted on Exhibit C.
2. Access and Use. Access on and use of the Easement shall be
limited as follows: with respect to access on and across those portions of the Easement described
on said Exhibit A as "PARCEL PE-01", pedestrian and vehicular traffic shall be permitted (i) by
Avon for the purposes stated in Section 1. (a) above and (ii) by the general public for pedestrian
and vehicular access to the Eagle River, provided, however, that vehicular access by the general
public shall be limited to vehicles used for boat drop-off and pick-up only and shall not, under
any circumstances whatsoever, include any parking rights by the general public and. further
provided that use of the Easement by the general public shall become effective upon the due and
valid execution and delivery of this instrument by both Vail and Avon, this instrument's
recordation in the real property records of Eagle County, Colorado, and the completion of the
construction of the Avon Improvements. Except for vehicular and pedestrian access as set forth
in this Section 2, no camping, picnicking or other use of the Easement is permitted by the
general public. Notwithstanding any Easement right granted to Avon hereunder or use of the
Easement by the general public, Vail's vehicular and pedestrian, access to the Vail Improvements
shall be unhindered, open and available to Vail at all times.
3. Permits: Limitation of Liability: No.
epresentations. (a) Avon shall be responsible for,
obtaining any and all permits or other local, state or federal governmental approvals necessary to
construct, own and operate the Avon Improvements. Vail shall not be liable for any infraction of or
non-compliance with the terms of such permits. Moreover, Vail disclaims any responsibility for
any impact on wetlands either in or adjacent to the Easement arising from Avon's construction
activities and use of the Easement. In the event that Colorado Department of Transportation
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C'CDOT~ requires or demands closure of access from Highway 6 to the Vail. Property, it being
acknowledged and agreed by the parties that there is a common access from Highway 6 to the Vail
Improvements and the Avon Improvements, the Easement rights hereunder, included access rights
to the Eagle River by the general public, shall immediately be suspended until Avon procures
COOT's reinstatement of access from Highway 6 to the Vail Property. Moreover, Avon shall use
its commercially reasonable best efforts to persuade CDOT that Vail's access to the Vail Property
should not be interrupted or halted.
(b) Avon and the Avon Permittees shall enter upon and use the Easement at their sole
respective risks. Vail shall incur no loss, post, liability or damage in connection with Avon's or
the Avon Permittees' use of the Easement, the Avon Improvements, the Water Park or the Vail
Property under this Agreement. Avon shall be solely responsible for (i) the health and safety of
all of the Avon Permittees who enter upon and use the Easement and (ii) any damage to the Vail
Property and the Vail Improvements by Avon or the Avon Permittees utilizing the Easement,
(c) Vail makes no representations or warranties of any kind whatsoever regarding the
Easement or the quality, quantity, suitability or fitness of the Easement for, any intended use.
4. OQerating Agreement. ')the use of the Easement shall at all times be subject to an
operating agreement by and between Vail and Avon, the farm and content to be agreed upon, by
the parties and to be entered into upon completion of construction of the Avon Improvements
(the "Operating Agreement"), Any default or non-compliance with the respect to Avon's
obligations under the Operating Agreement shall constitute a default by Avon under this
Agreement.
5. Superior Rights of Vail; No Interference. Notwithstanding any Easement right
granted to Avon hereunder, Avon hereby acknowledges, agrees and covenants that the existence
and use by Vail of the Vail Improvements, and the functions and activities associated therewith,
including but not limited to Vail's implementation of Vail's water rights by water diversion
activities which support Vail's mountain and golf operations (the "Vail Rights"), shall at all
times be superior to the Easement and Avon's Easement rights hereun.dcr, and, under no
circumstances whatsoever, shall Avon's exercise of such Easement rights harm, disrupt or injure
the Vail Rights. Moreover, Avon hereby acknowledges, agrees and covenant; that while the
Easement is '*-river" from Vail's Improvements, the Easement shall, at all times, be subject to
the terms and conditions set forth herein such that the permitted uses by Avon or any third party
beneficiary to the Easement are (i) secondary to the Vail Rights and. (ii) are not inconsistent with
and do not interfere with the Vail Rights as determined by Vail in Vail's sole and absolute
discretion, the Vail Rights being imperative for preserving and protecting the viability and
continuity of Vail's mountain and golf course operations. Except as provided herein, in no event
shal I there be any disruption or change to the contours of the bed or banks of the Eagle River by
Avon or any third party beneficiary to the Easement, which would cause the river water to flow
in such a way that would negatively impact Vail's ability to utilize the Vail Improvements for the
purposes for which the Vail. Improvements are intended.
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6. Indemnification. To the extent permitted by law, Avon agrees to indemnify,
defend and hold harmless Vail, its designees, agents, employees, officers, directors, shareholders,
successors and assigns, the Easement and the Vail Property (including, without limitation, claims
made directly by Avon) 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 use of the Easement, and/or the Vail Property by (i) Avon, its designees, agents,
employees, officers, directors, shareholders, successors and assigns, (ii) the general public or (iii)
by any person acting through or on behalf of Avon (collectively, the "Avon Permittees"), arising
from or related to any negligent acts or omissions, intentional misconduct and any mechanic's or
materialmen's liens caused or permitted by Avon or the Avon Permittees in connection with the
Easement and/or the Vail Property or otherwise arising under this Agreement, except those
caused by the willful misconduct or negligence of Vail or its designees, agents, employees,
officers, directors, shareholders, successors or assigns.
Additional Terms and Conditions.
a_ Avon agrees that construction of the Avon Improvements shall be in
accordance and consistent with those certain plans those certain plans "Eagle River @ .Avon
Recreation Enhancements Avon, Eagle County, Colorado, May 2006" and that certain "Town of
Avon Project Manual July 6, 2006 Eagle River at Avon Recreation Enhancements Bob the
Bridge Whitewater Park" prepared by River Restoration submitted to Vail by Avon, portions of
which are attached as Exhibit B. No other improvements are permitted on the Easement except
as shown or referenced on Exhibit B or in the Operating Agreement-
b. Vail reserves the right to use the Easement Area for purposes which will
not interfere with Avon's full enjoyment of the rights hereby granted; and the parties further
agree that the uses of the Easement by Vail shall be as follows:
(1) Vail shall not erect or construct any building or other structure, or
drill or operate any well, or construct any permanent obstruction,
or subtract from or add substantially to the ground level in the
Easement without obtaining the specific prior written approval of
Avon, which approval shall not be unreasonably withheld;
(2) Vail shall take no action. which would impair or in any way
substantially modify the surface of, or the lateral or subjacent
support for, the Avon Improvements and appurtenances within the
Easement without obtaining the specific prior written approval
permission of Avon, which approval shall not be unreasonably
withheld.
(3) Notwithstanding the foregoing, Vail reserves the might to place
utilities within the Easement and to construct drainage
improvements and water diversion improvements not inconsistent
with the use Hof the Easement, and Vail agrees at its own expense to
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restore the portion of the Easement Area to its prior condition in
the event of the disturbance of such portion of the Easement.
(4) Vail further reserves the right to relocate the Easement to a new
location reasonably acceptable to the Avon in association with the
improvement of the Vail Property. Any such relocation shall beat
the expense of Vail and shall include replacement of the Avon
Improvements with improvements of the same condition and
quality. During such time, Vail shall use its best efforts to keep
any interruption of use of the Easement by the general public to a
minimum.
9. Default, Remedies.. In the event of any default under this Agreement, any non-
defaulting party may give notice to the defaulting party of such default. The defaulting party
shall have three (3) days within which to cure such default, or, if such default cannot reasonably
be cured within three (3) days, such longer time as may reasonably be necessary to cure such
default, provided that the defaulting party commences to cure such default within said three (3)
days and diligently prosecutes the same to completion. In the event of a default that is not timely
cured, the non-defaulting party shall be entitled to: (a) cure such default at the expense of the
defaulting party (and the defaulting party shall, pay the expense thereof upon demand), and (b)
any other remedies which may be available at law or in equity. The parties acknowledge that
damages may be an inadequate remedy for a default hereunder and agree that the parties shall be
entitled to prohibitive or mandatory injunctive relief and the recovery of actual, consequential,
exemplary and other damages, as well as related costs and attorneys' fees, specific performance
and other equitable remedies to enforce the terms of this Agreement. The notice and cure
provisions of this paragraph shall not apply when, in Vail's reasonable opinion, an ongoing or
imminent default could irreversibly diminish or impair Vail's golf or mountain operations. In
such event, Vail may, upon verbal notice to Avon, take immediate appropriate legal action and
seek to enjoin the violation, temporarily or permanently and also may immediately suspend
Avon's Easement rights hereunder, including access and use of the Easement by the general
public. Upon Avon's cure of such default to Vail's reasonable satisfaction, in Vail sole and
absolute discretion, Avon's Easements rights shall be immediately restored and full use of the
Easement may be implemented by Avon and the general public. The substantially prevailing
party in any action to enforce this Agreement shall be entitled to its reasonable attorneys' fees
and court costs.
9. Notices. All notices and other communications required or permitted under this
Agreement shall be in writing and shall be personally delivered or sent by certified mail, return
receipt requested, postage prepaid. Any such notice or other eommua» eat,ion shall be effective when
such notice is delivered to the addresses set forth below:
If to Vail:
Beaver Creek Mountain Operations
Attn: Jim. Roberts, Vice President
P.O. Box 7, Internal Box B 1
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Vail, Colorado 81658
Telephone: (970) 845-5135
Facsimile: (970) 845-5131.
With a copy to:
Vail Resorts Legal Department
Attn: Eric J. Stein, Assistant General Counsel
P.Q. Box 7, Internal Box 88
Vail, Colorado 81658
Telephone: (970) 845-2650
Facsimile: (970) 845-2667
If to Avon:
The Town of Avon
Atha: Norman Wood, Town Engineer
P.O. Box 975
Avon, Colorado 81620
Telephone: (970)-748-4045
Facsimile: (970)-949-5749
With a copy to:
John W. Dunn & Associates, LLC
Attn: John W. Dunn.
P. O. Box 7717
Avon, Colorado 81620
Telephone: (970) 748-6400
Facsimile: (970) 748-8881
10. Insurance- Avon agrees to cause Vail to be an additional insured. on its
commercial general liability insurance for bodily injuries or death of persons or property damage
occurring in or about the Easement granted to it pursuant to this Agreement. All such insurance
shall (a) generally cover the liability and indemnity obligations assumed by Avon under this
Agreement; (b) be primary and noncontributing with any insurance which may be carried by the
other party; and (c) provide that said insurance shall not be cancelled or coverage changed unless
thirty (30) days' prior written notice shall have been given to Vail. Avon shall furnish Vail with
a certificate or certificates evidencing that the required insurance policies are in full force upon
written request.
11. Statutory Basis. -Me parties agree that this Agreement is entered into in
accordance with the provisions of Colorado Revised Statutes 33-41-101, et seq.
12. Misgealaneous.
6
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a- Modification. No provision or term of this Agreement may be amended,
modified, revoked, supplemented, waived, or otherwise changed except by a written instrument
duly executed by the parties hereto.
b. Entire A eenment. This Agreement constitutes and incorporates the entire
agreement among the parties hereto concerning the subject matter of this Agreement and supersedes
any prior agreements concerning the subject matter hereof.
C. Separability. If any provision of this Agreement shall be held. invalid,
illegal, or unenforceable in any jurisdiction, the validity, legality, and enforceability of the
remaining provisions of this Agreement shall not be impaired thereby-, nor, shall the validity,
legality, or enforceability of any such defective provisions be in any way affected or impaired in any
other jurisdiction.
d. Assigunent. This Agreement is not assignable by Avon without the prior
written approval of Vail.
C. Third-Party Beneficiaries. Except as provided herein, the agreements
contained herein are solely for the benefit of the parties hereto and no other person or entity shall
be a third party beneficiary thereof.
f. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
g- Authorization. Each party is authorized and empowered to execute this
Agreement and all necessary corporate action has been taken to authorize execution of this
Agreement.
h_ Execution. The parties shall execute and deliver such further documents as
may be reasonably required in order to effectuate the intent of this Agreement.
i. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to constitute an original; provided., however, that this Agreement will not
become binding upon any party unless and until executed (whether or not in counterpart) by all the
parties.
a- R c rding.. This Agreement shall be recorded with the Clerk and Recorder
for the County of Eagle, State of Colorado.
k. Run with the Land Successors and Assigns. The germs and provisions of
this Agreement shall run with the Vail Propmy and title to the Vail Property and be binding upon
and inure to the benefit of the successors and assigns of Vail. Subject to the provisions of Sections
1. (c) and 12 (d) hereof, the terms and provisions of this Agreement shall be binding upon and inure
to the benefit of the successors and assigns of Avon.
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1. Rule Against Perpetuities. If any of the terms, covenants, conditions,
easements, restrictions, uses, limitations or obligations created by this Agreement shall be
unlawful or void for violation of, J) the rule against perpetuities or some analogous statutory
revision, (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common
law rules imposing like or similar time limits, such provision shall continue only for the period
of the life of Rob Katz, his now living descendants, and the survivor of theist, plus twenty-one
(21) years.
M. Exhibits. All exhibits attached to this Agreement are incorporated herein
by this reference and made a part hereof
n_ Provj~Lons Tncorprated in Deeds. Each provision contained in this
Agreement shall be deemed incorporated.` in each deed or other instrument by which any right,
title or interest in any of the Vail Property is granted, devised or conveyed, whether or not set
forth or referred to in such deed or other instrument.
DATED the day and year first above written.
[Signatures on following pages.]
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Appm"d s e e'er..:
lid BeprnuW
Name ARNO
DWW
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
THE VAIL CORPORATION} a Colorado
corporation
By: YV+
Nam
Title,
The foregoi g instrument was acknow dged berg me this day of rt5
2006, by a Zq, r e s c-,4 as Sr. 'c a rg5 _ f of THE VAIL CC)RPC)KA~ TfON a
Colorado corporation.
Witness my hand and official seal.
My commission expires: td a ~Oa V
~RY...A
(SEAL) v~ pl
r
9r~~F COLa~po
9
P: 9/24
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HUG-25-2006 16:31 FROM:EAGLE COUNTY CLERK A 9703298716 TO:99499139
TOWN OF AVON, a municipal subdivision of the
Statc of Colorado
By _ _ C 41::~4
Name: Ronald U' Wolfe
Title: Mayor
ATTEST:
P tty cKennv, Clerk
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this g day of
OTC u ~ , 2006, as by Ronald B, Wolfe as .Mayor and Patty McKenny as Town Clerk of
the , o n of Avon_
Witness my hand and official sea].
My commission expires:
L (SEAS,)
OF CO►-O¢p
~h~vrossion Fxplres pg~ ~•1 I ~,r(1 l ~
10
P: 10124
200$22400 10 of 2 4
AUG-25-2006 16:31 FROM:EAGLE COUNT`' CLERK A 9703282716 TO:99499139 P:11/24
EXHIBIT A
(EASEMENTS PE-0I and PE-02)
(SEE ATTACHED)
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• RECEIVED
IrEn rti>~ f~L 2 4 1aa6
gLbL
Cemmurnity 13 trahpp, r
REAL PROPERTY
TO BE ACQUIRED FOR PERMANENT EASEMENT FOR THE
TOWN OF AVON, EAGLE RIVER RECREATION PROJECT
PARCEL PE-01
DESCRIPTION
A parcel of land PARCEL. PE-01, containing 0.202 acres, more or less, situated in Tract O,
Beaver Creek Subdivision, as recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado, at Book 656, Page 662, Reception, No. 552695 on December 6. 1994 and being more
particularly described as follows:
Commencing at the Southeast Comer of said Tract O, common to the intersection of the north
right-of-way of U.S. Highway 6 and the westerly tight-of--way of Avon Road and being on a non-
tangent curve to the right having a radius of 3879.00 feet;
Thence 7.13 feet along the southerly line of said Tract O and on said right-of-way of U.S.
Highway 6, through a central angle of 0'06'19", having a chard bearing and distance of
N 79°19'32" W, 7.13 feet to a point;
Thcnce N 76'30'10" W a distance of 17,30 feet along said right-of-way to a point;
Thence N 70"09' 10" W a distance of 7638 feet along said right-of-way line to the True Point of
Beginning;
Thence continuing N 70'09'10" W along said right-of-way a distance of 51.33 feet to a point;
Thence N 81158'17" E a distance of 91.93 feet to a point;
Thence N 30'27'31" E a distancc cf 31.75 feet to a point;
Thence N 22°45'44" W a distance of 25.20 feet to a point;
Thence N 59°06'49" W a distance of 26.92 fret to a point;
Thence S 70°00' 54" W a distance of 9.77 feet to a point;
'thence N 20'129'l 0" W a distance of 19.16 feet to a point:
Thencc N 16°38'53" W a distancc of'932 feet to a point;
Thence N 17*20'54" W a distance of 26,48 feet to a point;
8299 C:omunontal D'fide Road, Suite 9107 - LtttlPAon, Colorado 80127 - Rione: 303 948 6226 - Far,: 303 9,1_8 e526
AO d01 U.S. t 'Ot), 6, Suite 203 - P.(}. rkx 976 - Avon, Colorado 81620 Phone: 97 0 9 49 5072 - T .il FreP: 600 856 e258
200622400 12 OF 24 A-1
AUG-25-2006 16:31 FROM:EAGLE COUNTY CLERK A 9703288716 T0:99499139
Thence N 72°36'06" E a distance of 19.64 feet to a point;
Thence N 83°04'56" E a distance of 21.66 feet to a point;
Thence S 71°54'03" E a distance of 7.12 feet to a point:
Thencc N 15°37'00" E a distance of 24.91 feet to a point;
Thence N 88°13' 13" )r a distance of 42.57 feet to a point;
Thence S 20°36'45" W a distance of 80.94 feet to a point;
Thence S 22°45'44" E a distance of 47.20 feet to a point;
Thence S 30°27'3I" W a distance of 55.35 feet to n point;
Theme S 8l°SS' 17" W a distance of 58.13 feet to the northerly right-of-way line of said U.S.
Highway 6 and the True Point of Beginning.
The above described parcel contains 8,788 square feet (0.202 acres), more of less;
I hereby state that the above described legal descript' rcpared by me or under my
direct supervision. p00 6'EGj~
-
Date
env ~ ~
6626
1'. ox~ , ~ybrt, orado $1t8°LO
Duan E. & P.L.S.2GG2G
J:\projects\ 6S~surveylPARCL-L P1:~01.doe
P: 13/24
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2006Tti00 13 OF 24 y
ALIG-25-2006 16:31 FROM:EAGLE COUNTY CLERK A 9703238716 TO:99499139 P:14/24
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2006221X,7 14 OF 24 ' ; A ~ 3
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RECEIVED
Inter-Mountain JUL 2 4 2006
Migin ng lii td.
o¢t'IrrwrJ]ty ~Aaielaprrmstd
R
IrAL PROPERTY
TO BE ACQUIRED FOR PERMANENT EASEMENT FOR THE
TOWN OF AVON, EAGLE RIVER RECREATION PROJECT
PARCEL P£-02
DESCRIPTION
A parcel of land Parcel PE-02, containing 0,110 acres, more or less, situated in Tract 0, Beaver
Creek Subdivision, as recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado, at Book 656, Page 662, Reception No. 552695 on Decernber 6, 194 and being more
particularly described as follows:
The True Point of Beginning being at the Nortrtheasl Corner of said Tract O, common to the
intersection of the Southeast comer of the-Riverfront Subdivision and the westerly right-of-way
of Avon Road;
Tbence S 12°05'08" W a distance of 37.48 feet along said Avon Road to a point;
Thence continuing along said Avon Road, S 03°19' 17" W a distance of 58.98 feet to a point;
'!'hence N SO°56'35" W a distance of'45,92 feet to a point;
Thence N 20°36'4$" E a distance of 54.31 feet to a point;
Thence S 88'1 Y13" W a distance of 42.57 feet to a point;
Thence N 03°30' 16" W a distance of 33.98 fect to a point on the north line of said Tract O;
Thcnce N 86°36'05" E a distance of 82.27 feet along said line to the Northeast corner of said
Tract O and the True Point of Beginning.
The above described parcel contains 4,803 square feet (0.1 10 acres), more or IeSs;
1 hereby state that the above described legal description ed by me or under my
direct supervision, l
D Fe,
Y.O
02662
Date
P.O. B 78l11k@or~ t~61 C 81 d~0
Duane D, . & P.L.S. 26626
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8,302 Contineritat Divide Road, Suite 1 107 • Littleton, Colorado 30127 - Phor's: 303 9413 6220 e Fax: 30S 943 6,,526
40801 U.S. 1im. 6. Suite 202 • Pp. (3or. 978 • Avert, Colorado 81620 - Phone: 970 949 5072 • Tull Free. 200 a56 2258
20067_2400 15 OF 24 A .w
AUG-25-2006 16:31 FROM:EAGLE COUNT`' CLERK A 9703225716
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200SP2400 23 OF 24
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