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TC Ord. No. 2003-06 Authorizing conveyance of Lots 2 and 3 resubdivision of lots 1,2,3,4 and 5 MC Grady AcresTOWN OF AVON, COLORADO ORDINANCE 03-06 SERIES OF 2003 AN ORDINANCE AUTHORIZING CONVEYANCE OF LOTS 2 AND 3, R.ESUBDIVISION OF LOTS 1, 2, 3, 4 AND 5 MC GRADY ACRES , WHEREAS, the Town is the owner of Lot 1, Mc Grady Acres, Town of Avon, County of Eagle and State of Colorado; and WHEREAS, Traer Creek LLC and Traer Creek Metropolitan District are the owners of Lots 2 through 5, McGrady Acres; and WHEREAS, Lots 1 through 5, McCrady Acres, have now been resubdivided and are now described as Lots 1, 2 and 3, a Resubdivision of Lots 1, 2, 3', 4 and 5 McCrady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066; and WHEREAS, to correct and perfect title to Lot 1, Traer Creek LLC and. Traer Creek Metropolitan District have, by Bargain and Sale Deed, conveyed to the Town Lot 1, a Resubdivision of Lots 1, 2, 3, 4 and 5 Mc Grady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, that the Town, for the purpose of correction and perfection of title, by Bargain and Sale Deed, shall convey to Traer Creek LLC and Traer Creek Metropolitan District Lots 2 and 3, a Resubdivision of Lots 1, 2, 3, 4 and 5 Mc Grady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 701066. - INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 25th day of February, 2003, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 11th day of March, 2003, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. ATTEST: Mayor err,. ri Ak 4, lJ5nb2 FJ• FINALLY APPROVED, PASSED ON SECOND READING 11th day of March, 2003. ,r SEAL ATTEST: Q ~,Ac T C erk APPROVED AS TO FORM: v ZL To Attorney uiw ~t . .-A, Mayor AND ORDEREDRDSTED-the STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF MARCH 2003, AT THE TOWN OF AVON MUNICIPAL- BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING ORDINANCES: Ordinance No. 03-05, Series of 2003 An Ordinance Authorizing The Issuance Of Not To Exceed $2,745,000 Adjustable Rate Demand Industrial Development Revenue Refunding Bonds, Series 2003 (The Kroger Co.) Of The'Town Of Avon, Colorado (The "Issuer'), The Proceeds Of Which Shall Be Loaned To The Kroger Co. For The Purpose Of Providing Funds For The Refunding 'Of Bonds Previously Issued By The Issuer To Refinance Costs Of A "Project" Within The Meaning Of The Colorado County And Municipality Development Revenue Bond Act; Authorizing A Loan Agreement And Trust Indenture Appropriate For The Protection And Disposition Of Such Revenues And To Further Secure Such Bonds; Authorizing A Bond Purchase Agreement And Tax Regulatory . Agreement And Authorizing Other Actions In Connection With The Issuance Of Such Bonds. Ordinance. No. 03-06, Series of 2003 An Ordinance Authorizing Conveyance of Lots 2, and 3, Resubdivision of Lots 1,2,3,4, and 5 McGrady Acres. A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado - TOWN OF AVON, COLORADO BY: 2a Patty Mc enny To rk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 28, 2003 AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY 827341 2 1 Page: 1 of 2 03/20/2003 12:540 Teak J Simonton Eagle, CO 66 R 11.00 D 0.00 [CONVENIENCE DEED FOR NO CONSIDERATION - NO DOCUMENTARY FEE REQUIRED] BARGAIN AND SALE DEED Traer Creek LLC, a Colorado limited liability company, and Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado, whose street addresses are 0322 E. Beaver Creek Boulevard, Town of Avon, County of Eagle and State of Colorado, for the consideration Of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ($10:00), in hand paid, hereby sell and convey to the Town of Avon, a Colorado municipal corporation and political subdivision of the State of Colorado, (mailing address: P.O. Box 975, Avon, Colorado 81620), whose street address is 400 Benchmark Road, Town Of Avon, County of Eagle, State of Colorado, the following real property in the County of Eagle and State of Colorado, to wit: Lot 1 A Resubdivision of Lots 1, 2, 3, 4 and 5 McGrady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066, with all its appurtenances. EXECUTED this ST day of December, A.D. 2002. STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) Traer Creek LLC, a Colorado limited liability company B~ agnus Lin olm, Manager Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado By: - Sha a E. Bo resident The foregoing instrument was acknowledged before me this, ST day of December, 2002, by Magnus Lindholm as Manager of Traer Creek- LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 12 •%.Zap`I BARGAIN, AND SALE DEED. - Statutory Form. C'lwmdows%TEMPIBargam and Sale beed-McGrady Acresl doc 12/5/02 1.22 PM IC ublic FrLEGATE V4- ER t~ STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this ISZ- day of December, 2002, by Shane E. Bohart as President of Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: 12•$•200y ~IM uN IIn Y NII ltl~ III Ilul III n 82 3u Teak J Simonton Eagle, CO 66 R 11.00 D 0. 00 BARGAIN AND SALE DEED. - Statutory Form. C lwmdows\TEMP1Barpin and Sale Deed-McGrady Acresl doc 12/5102 122 PM 4' [CONVENIENCE DEED FOR NO CONSIDERATION- NO DOCUMENTARYFEE REQUIRED] BARGAIN AND SALE DEED Traer Creek LLC, a. Colorado limited liability company, and Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado, whose street addresses are 0322 E. Beaver Creek Boulevard, Town of Avon, County of Eagle and State of Colorado, and the Town of Avon, a Colorado municipal corporation and political subdivision of the State of Colorado, whose street address is 400 Benchmark Road, Town of Avon, County of Eagle, 'State of Colorado, for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ($10.00), in hand paid, hereby sell and convey to Traer Creek-RP LLC, a Colorado limited liability company, (mailing address: P.O. Box 640, Vail, Colorado 81658), whose street address is 0322 E. Beaver Creek Boulevard, Town of Avon, County of Eagle and State of Colorado, the following real property in the County of Eagle and State of Colorado, to wit: Lots 2 and 3 A Resubdivision of Lots 1, 2, 3, 4 and 5 McGrady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066. with all its appurtenances. 2002 EXECUTED this A.D. - day of Beeember, M*RXk Traer Creek LLC, a Colorado limited liability company B. agnus L' holm, Manager OF aid SEAL C6CORA' Traer Creek Metropolitan District; a quasi municipal corporation and political subdivision of the State of Colorado B. Sh a E. B President Town of Avon, crado municipal corporation and political subdivisign\of the State of Colorado BARGAIN AND SALE' DEED. - Statutory Forth. cavAndow-ATEMPO rgain wW Sale Deed-McGmdy Ac tdoc 1211021:22 PM 4 STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of December, 2002, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability r company. Witness my hand and official seal. _ pdV pi... My commission expires: 1Z.•g'~oy STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of December, 2002, by Shane E. Bohart-as President of Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. ~p~Y PU8 My commission expires: IZ•q •ZOON ERIC ary ublic APPLEGATE STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) X03 The tore going instrument was acknowledged before me this day of 0eEe#iber, 2M, by '&Etct:~ • R__ _ _ - _ as Mayor of the Town of Avon, a Colorado municipal corporation and politica division of the State of Colorado. . Witness my hand and official seal. My commission expires: :A ~w~R r~nLO~~ ft~r_ Wary Public r--~ , - ' OTq,4 .f~ BARGAIN AND SALE DEED. - Statutory Form. QW&dows+TEAPV3er96dn and Sale Deed+ y Aoresl.doo 1?/6M 1:22 PM Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Norman Wood, Town Engineer Date: February 18, 2003 Re: Ordinance 03-06, An Ordinance Authorizing Conveyance of Lots 2 and 3, Resubdivision of Lots 1, 2, 3, 4 and 5 McCrady Acres- First Rearing Summary: The Resubdivision of Lots 1, 2, 3, 4 and 5 along with reconfiguration of public road rights-of-way has resulted in various lot lines and road rights- of-way overlapping lot lines and rights-of-way in the original subdivision. This creates potential conflicts of ownership between the old and new property lines. The attached Bargain and Sale Deeds resolve these ownership issues and clarify title to the properties conforming to the current subdivision and lot lines. Ordinance 03-06 authorizes the Town to execute the Bargain and Sale Deed conveying Lots 2 and 3, McCrady Acres to Traer Creek-RP LLC. This in conjunction with the Bargain and Sale Deed executed by Traer Creek LLC and Traer Creek Metropolitan district Conveying Lot 1 to the Town of Avon and the Bargain and Sale Deed executed by Traer Creek LLC conveying Tracts A and B (Nottingham Ranch Road and Post Blvd rights-of-way) to Traer Creek Metropolitan District completes the actions necessary to clarify and correct the various property ownerships. We recommend approval of Ordinance 03-06 conveying Lots 2 and 3, a Resubdivision of Lots 1, 2, 3, 4, and 5, McCrady Acres subdivision to Traer Creek RP LLC. Recommendation: Approve Ordinance 03-06 authorizing conveyance of Lots 2 and 3, a Resubdivision of Lots 1, 2, 3, 4, and 5, McCrady Acmes subdivision to Traer Creek-RP LLC. Town Manager Comments: IWk*i =&eAVW VMW\1.0 Gene®N S Anne~mtion a 03-06 MMO DW ORDINANCE 03-06 Series of 2003 AN ORDINANCE AUTHORIZING CONVEYANCE OF LOTS 2 AND 3, RESUBDIVISION OF LOTS 19 29 3,4 AND 5 MCGRADY ACRES WHEREAS, the Town is the owner of Lot 1, McGrady Acres, Town of Avon, County of Eagle and State of Colorado; and WHEREAS, Traer Creek LLC and Traer Creek Metropolitan District are the owners of Lots 2 through 5, McGrady Acres; and WHEREAS, Lots 1 through 5, McGrady Acres, have now been resubdivided and are now described as Lots 1, 2 and 3, a Resubdivision of Lots 1, 2, 3, 4 and 5 McCrady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066; and WHEREAS, to correct and perfect title to Lot 1, Traer Creek LLC and Traer Creek Metropolitan District have, by Bargain and Sale Deed, conveyed to the Town Lot 1, a Resubdivision of Lots 1, 2, 3, 4 and 5 McGrady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, that the Town, for the purpose of correction and perfection of title, by Bargain and Sale Deed, shall convey to Traer Creek-RP, LLC Lots 2 and 3, a Resubdivision of Lots 1, 2, 3; 4 and 5 McCrady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 25th day of February, 2003, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 11th day of March, 2003, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. Albert D.' Reynolds, Mayor . TOWN OF AVON, COLORADO ORDINANCE 03 -06 SERIES OF 2003 AN ORDINANCE AUTHORIZING CONVEYANCE OF LOTS 2 AND 3, RESUBDIVISION OF LOTS 1, 2, 3, 4 AND 5 MC GRADY ACRES WHEREAS, the Town is the owner of Lot 1, Mc Grady Acres, Town of Avon, County of Eagle and State of Colorado; and WHEREAS, Traer Creek LLC and Traer Creek Metropolitan District are the owners of Lots 2 through 5, McGrady Acres; and WHEREAS, Lots 1 through 5, McGrady Acres, have now been resubdivided and are now described as Lots 1, 2 and 3, a Resubdivision of Lots 1, 2, 3, 4 and 5 McGrady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066; and WHEREAS, to correct and perfect title to Lot 1, Traer Creek LLC and Traer Creek Metropolitan District have, by Bargain and Sale Deed, conveyed to the Town Lot 1, a Resubdivision of Lots 1, 2, 3, 4 and 5 Mc Grady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, that the Town, for the purpose of correction and perfection of title, by Bargain and Sale Deed, shall convey to Traer Creek LLC and Traer Creek Metropolitan District Lots 2 and 3, a Resubdivision of Lots 1, 2, 3, 4 and 5 Mc Grady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066. INTRODUCED, APPROVED, PASSED ON FIRST READING AND ORDERED POSTED the 25th day of February, 2003, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council on the 1 lth day of March, 2003, at 5:30 P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon, Colorado. STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 11TH DAY OF MARCH 2003, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF THE FOLLOWING ORDINANCES: Ordinance No. 03 -05, Series of 2003 An Ordinance Authorizing The Issuance Of Not To Exceed $2,745,000 Adjustable Rate Demand Industrial Development Revenue Refunding Bonds, Series 2003 (The Kroger Co.) Of The Town Of Avon, Colorado (The "Issuer"), The Proceeds Of Which Shall Be Loaned To The Kroger Co. For The Purpose Of Providing Funds For The Refunding Of Bonds Previously Issued By The Issuer To Refinance Costs Of A Project Within The Meaning Of The Colorado County And Municipality Development Revenue Bond Act; Authorizing A Loan Agreement And Trust Indenture Appropriate For The Protection And Disposition Of Such Revenues And To Further Secure Such Bonds; Authorizing A Bond Purchase Agreement And Tax Regulatory Agreement And Authorizing Other Actions In Connection With The Issuance Of Such Bonds. Ordinance No. 03 -06, Series of 2003 An Ordinance Authorizing Conveyance of Lots 2, and 3, Resubdivision of Lots 1,2,3,4, and 5 McGrady Acres. A copy of said Ordinances are attached hereto, and are also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado TOWN OF AVON, COLORADO BY: P G.� �1� Pa Mc enny Tow rk (n POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 28, 2003 AVON MUNICIPAL BUILDING, MAIN LOBBY ALPINE BANK, MAIN LOBBY AVON RECREATION CENTER, MAIN LOBBY CITY MARKET, MAIN LOBBY Page: 1 of 2 03/20/2003 12:54P [CONVENIENCE DEED FOR NO CONSIDERATION— NO DOCUMENTARYFEE REQUIRED] BARGAIN AND SALE DEED Traer Creek LLC, a Colorado limited liability company, and Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado, whose street addresses are 0322 E. Beaver Creek Boulevard, Town of Avon, County of Eagle and State of Colorado, for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ($10.00), in hand paid, hereby sell and convey to the Town of Avon, a Colorado municipal corporation and political subdivision of the State of Colorado, (mailing address: P.O. Box 975, Avon, Colorado 81620), whose street address is 400 Benchmark Road, Town of Avon, County of Eagle, State of Colorado, the following real property in the County of Eagle and State of Colorado, to wit: Lot 1 A Resubdivision of Lots 1, 2, 3, 4 and 5 McGrady Acres according to the Fi„ai Plat recorded April 4, 2002 at Reception No. 791066. with all its appurtenances. EXECUTED this SST day of December, A.D. 2002. STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) Traer Creek LLC, a Colorado limited liability company B Y� ---Fa—gnus Lin9f olm, Manager Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado BygeSha F,7sident The foregoing instrument was acknowledged before me this IST day of December, 2002, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: jz A -2-m`I ��''•••••••••••''•�� ERIC _ otary Public PPLI:GATE BARGAIN AND SALE DEED. — Statutory Form. C \windows \TEMP \bargain and Sale Deed - McGrady Acresl.doc 12/5/02 1:22 PM STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this 2002, by Shane E. Bohart as President of Traer Creek Metropolitan District, corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: l� 8 ZO1`I otary Public IIYIVI�IIII�I��InIIIVIIIINInINVlllllllllll 8z:' °' Teak J Simonton Eagle, CO 66 R 11.00 D 0. 00 BARGAIN AND SALE DEED. — Statutory Form. CAwindows \TEMP \Bargain and Sale Deed- McGrady Acrestdoc 12/5102 1:22 PM day of December, a quasi municipal ( P:-P�I' ERIC PLEGATE OF CqL�� [CONVENIENCE DEED FOR NO CONSIDERATION —NO DOCUMENTARY FEE REQUIRED] BARGAIN AND SALE DEED Traer Creek LLC, a Colorado limited liability company, and Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado, whose street addresses are 0322 E. Beaver Creek Boulevard, Town of Avon, County of Eagle and State of Colorado, and the Town of Avon, a Colorado municipal corporation and political subdivision of the State of Colorado, whose street address is 400 Benchmark Road, Town of Avon, County of Eagle, State of Colorado, for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ($10.00), in hand paid, hereby sell and convey to Traer Creek -RP LLC, a Colorado limited liability company, (mailing address: P.O. Box 640, Vail, Colorado 81658), whose street address is 0322 E. Beaver Creek Boulevard, Town of Avon, County of Eagle and State of Colorado, the following real property in the County of Eagle and State of Colorado, to wit: Lots 2 and 3 A Resubdivision of Lots 1, 2, 3, 4 and 5 McCrady Acres according to the Final Plat recorded April 4, 2002 at Reception No. 791066. with all its appurtenances. EXECUTED this , _ t IIN�N��IIIIIIINIININ�INIIIAIINIIIIIIIIII °�8239 °,�0 Traer Creek LLC, a Colorado limited liability company By. I;agnus �dhclm, Manager Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado By. Sh e E. B r,President Town of Avon, municipal corporation and political subdivision of the State of Colorado BARGAIN AND SALE DEED. - Statutory Form. C. \windows \TEMP \Bargain and Sale Deed- McGrady Acresl doc 12/5/02 1 22 PM STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this k ST day of December, 2002, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability company. Witness my hand and official seal. ilL. My commission expires: '•�c ERIC ublic APPLEGATE =e ��9 ' ..........••• QQ STATE OF COLORADO ) QF COO )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this I ST 2002, by Shane E. Bohart as President of Traer Creek Metropolitan District, corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: J?-A STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) day of December, a quasi municipal fop ij The foregoing instrumen was acknowledged before me this �'� day of gese�et•, 2882, by �L ��t`L � i)OVas as Mayor of the Town of Avon, a Colorado municipal corporation and political division of the State of Colorado. Witness my hand and official seal. My commission expires: O�ERLE�!LI Q •'l•�O a• :Z OF C01 - *OP My Commission Expires 04IMM R--tt , - m Public 1111111111111111111111111111111 Teak J Simonton Eagle, Co BARGAIN AND SALE DEED. — Statutory Form. Clwindows \TEMMargain and Sale Deed- McGrady Acrestdoc 12/5102 1.22 PM 66 R 11 827339 Page: 2 of 2 03/20/2003 12:54P 00 D 0.00 Feb-18 -03 02:45pm From-Dunn i Cau�ey,LLC +9707488881 jtri! qp6 F-533 (CONVENIENCE DEED FOR NO CONSIDERATION— NO DOCUMENTARYFEEREOUIRED] BARGAIN AND SALE DEED Traer Creek LLC, a Colorado limited liability company, whose street address is 0322 E. Beaver Creek Boulevard. Town of Avon, County of Eagle and State of Colorado, for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ($10.00), in hand paid, hereby sells and conveys to Traer Creek Metropolitan District, a quasi municipal corporation and political subdivision of the State of Colorado, (mailing address: P.O. Box 640, Vail, Colorado 81658), whose street address is 0322 E. Beaver Creek Boulevard, Town of Avon, County of Eagle and State of Colorado, the following real property in the County of Eagle and State of Colorado, to wit: Tracts A and B { A Resubdivision of Lots 1, 2, 3, 4 and 5 McGrady Acres according to the Final Plat recorded April 4, 200 at Reception No. 791066.Q„ , with all its appurtenances. EXECUTED this day of December, A.D. 2002. Traer Creek LLC, a Colorado limited liability company r B. S_� agnus . dholm, Manager STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this d -ay pf cember, 2002, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability company. Witness my hand and official seal. �pRY: PCB Fly, ,...........� �,� My commission expires: IZ g• Zoo`•I ERIC No c s APPLEGATE 0 F COL BARGAIN AND SALE DEED. — Statutory Form. C.1w,nooW51TEMMargnh and Sale 0ee64V1cGr2dy AC 51.doc 12MIM 1:22 PM I-V 832888 05/09/2003 02:44P R 6.00 D 0.00 Teak J Simonton Eagle, CO 66 [CONVENIENCE DEED FOR NO CONSIDERATION — NO DOCUMENTARY FEE REQUIRED] BARGAIN AND SALE DEED TRAER CREEK -RP LLC, a Colorado limited liability company, whose street address is 0322 E. Beaver Creek Boulevard, Town of Avon, County of Eagle, and State of Colorado, for the consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION ($10.00) in hand paid, hereby sells and conveys to the TOWN OF AVON, a Colorado municipal corporation and political subdivision of the State of Colorado, whose street address is 400 Benchmark Road (P.O. Box 975), Town of Avon, County of Eagle, and the State of Colorado, the following real property in the County of Eagle and State of Colorado, to wit: LOT 5 THE VILLAGE (AT AVON) FILING 1 ACCORDING TO THE FINAL PLAT OF THE VILLAGE (AT AVON) FILING 1 RECORDED MAY 8, 2002 AT RECEPTION NO. 795007. TOWN OF AVON with all its appurtenances. EXECUTED this 16th day of April, A.D. 2003. TRAER CREEK -RP LLC, a Colorado limited liability company By: Traer Creek LLC, a Colorado limited liability company B 'Magnus Pndholm, Manager STATE OF COLORADO ) COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this 1114Z''1h day of April, 2003, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability company, Manager of Traer Creek -RP LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires December 8, BARGAIN AND SALE DEED. — Statutory Form. t Public ` ERIC APPLEGATE qWW-- Apr -30 -03 02:48pm From -Dunn & Causey,LLC +9707488881 T -020 P- 002/008 F-486 H. 2UO3 2:16W FHH I GO LAULt NO. 3 / /1U� 0. 2i34870iiO3 lP>r`ORMA'i'1DLv Commim►cnLisalegal �a�bctwecnyoaand tbecompany- YtiaissuPdto ahowtliebasir, aawluchwowiStiesueaT�le TheT5sleIvsycsnce oa is to tho lastd title. eabjcct to the liin�Cati one shownin the Poli0y. YnaI, ce policy to Yom The Policy wM insure y The CotuPaay wM give you a sample of the Policy film, if YOU esk. -e Commilmealt is based va the land title es of lho CommU=Oat Date. A,t�y elsanges in the land titlo ar the ttansarrlion may affect the Cavnml= mt and the Policy - The CoaaW=Out is subject to its j&4uir ments, pxcmPdcns and C0n&t'0 s. TM63NFOFIII'TA.'LToatu ] NOT ANY Q �Ea$dI]T TOE Comer pLEAsE CONTACT THE ISSU )NG OMCE RY C!AR la=.2_,l ?X STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY FIRST AMERICAN HERITAGE TITLE COMPANY AS AGENT FOR FIRST AMERICAN TITLE INSURANCE COMPANY AGRF,EN iNT TO ISSVE PDLYC1 E R.ST A'N=CAN TrrL 3NSL1 AXCH COMPANY, =efemcd to in this ecutzmitooeat b tine Camgany. tlaxough its agent$fRST AWMCAN ge81TA E TITLE COMPANY, wed to inthb Agre=eut as tba Agcut, agrees to issue apolicy to you according to the terms of this commitment. Wben We Stiow the policy amount and your tame as the proposed insuredl. in Sobeduk A, tllu commitmentbecomcs effective as of the Comndtmont Dais shown iu SeWale A. If the Regmmments Bbowa iu tile, c=wjt=t have tiwtbwnmetv&bia ghm uths aftm the Comit=t date, om obligadon ®dcc this C0=3miw ntwaend. Also oor obliga&n Mdm Ibis Committnentwill. end when the policyis issued and then our obligation to you win be undex the P0156 -y. Our obligatiou under this Cammitnentis limited by the following: The provisions in Schedule A. The Req&ements in Sebedule T-ti -1. The Exceptions in Schedule 8 -2- The Disclosures and Condiilans conmlAsd iu this Catamita=t- Tbi6 Commitment is not valid without SC EDULE A. and Sacbus 1 and 2 of SCMI)= Ti attsched. Apr -30 -03 02:48pm From -Dunn & Causey,LLC +8707488881 T -020 P.003/008 F -466 _AFI(, N. LUUJ— 1, 161'Nf' —" AHIGU LAULL NU. jlU Ff. :J3s4970so3 CONDn oNs 1. D a) Vo „ wottgage, dota of trust or othtx security ittstraraent to Statoiaw whe¢e (a) "1V�ottgag0 l tbetitlea�ccotdistg (b) "niliopec.OXMIID, earn& ID= wdsthBtgS. veeonAtNrtiveLOticeofmatkaEaff�g the land is Boosted. (c) •1,aud" means the lead or condo�.nitaa Wait described in Scherinlc A and any uupravements on the 1a:td w ate .real pmperiy. LA=1n3FECTS ,lens of encumbrawes that appear fo[ the first t]me The Exceptions in S rbcdolo $ " S,, Ydon Z maybe amended to show my in public records or = 0 0 doe shall ba eno liability to you � us Doi Bids am z date t. which all of the Regmr=ents of Schedule B 3. EX[S7,WG DMCTS CemmitmemtDamam not sbowa is Sc lodaleB, We May am'� 5cboduleB to Show If my drfoots, liens or ewwmbtauces eadstia8 we 9ha11 be liublc to you aocotd3ttg to Paragraph 4 theca_ If eve do amend Sdhedals B to show these defects, liens or mcaubmnces, below unless you knew of Ibis fut'ormadm sad did not tell as about is is V-TW g. 4. Lpy1WTATION OF OURLLA$II.S Y re red to mtbis Commitment, when. youbavemctito Feq��- Yfwe have au4y Om 1y obligatiamis to iseueto yoatbe Policy wZ be Bruited to Your aaW 1096 eauzed U4AJ%y to you for say 1039 you bwuc be=e of an. Suer gothic Cammitpga>t our liu�it3' by YOM celyaug onth s Co�ent when you acted in good f� to: comply With the RegairMe;ats shown in Schedule B 5cdion 1 euminote wlth our wnttm canscWt av Fxcrptiom shoats in Scbedulo I't - Sect. 2, WeshaU. notbeBablerortnoir than tlioPolicyAmountSIWWAiaSchedukAoftbisCominitmaitand out liabilityis 4n jeQtto the toms of thepalicy farm to beiasued 1p you 5, CLAWS M.VST BS BASBD ()N THIS COMMMIE 1VT the title to tbeland mast bebased o�this piny gldm, whether oraot based oana&Se cc, wbieb you may have egaiinst as ��b Coma itmrpt and is subject to its terms. pio'i4mT I n& UthisCompanycoo. c7nctsfhecias7ttgstndflezesPor�sableforre m"H119Or ingthelegAdocum" wresellingfoamtbtetransaet3.un, the Company shun be responale for au matm which appe� as the record Prior m such times of recording or estmeehotda'81ir�t coverage to beissoea ou your polfey of 4sraurattea. It yvuare abvyCt of a a'fztglo f��y r�fidencayaat91ay regtt d lithe a ne ddeih' anitta uehasalIwo uitem� wM bge payment ft apPmpdate pprramj. aand thecmnpletinn o o�Affiidavit attd date o[ sloe catloltaibn:°� the z� Yndeantity by the SaPat_ Hibeproperiy beingputehased wag coastal ica, fmpcovod at napaired wi n drmonths m, a to the date of WM BZ Oth . the racivi r=muts may involve disciesma of certainrowndal inforwaW4 Pay�t of pYeL7iums, and llndetandt!yo umiong others. The geueial rcgttixemeats stated Above are subject to theravision and apprav®1 of the Company disfri aft a ccf:tid� at faeces duehstimg each t jurisdictFA71 Sha11 be obtafn¢a The nu;bjeetlaudmay be loathed in s special ta>tifg special d+snictsand the bowtfcs from the camaty trcm%u<vCt or the county trL%uraxis attthoriacdaged; anditafozrnafiottx¢gatdin� sP of SUCIS a9stticta maybe obtained from the board of eoanty c=xnjssianers, the county cic;lt and recorder, or ire county assessor - rreytf s nC► b$0 $ TOE f We viilllwt revcral awttP'�1�p�onal '� to any agtetioal non- aFlShat«i osganfza4ortunlcss we have been. authorize ab y the wBtomor, or arc required by law, CON k IDECLARATIM STATEMU This Cumwi.tlnmtfDrTi cbuurnnccmayincttideaScLedNa1'�C Pfianre£ crencetosmmae daQidoneofbo�tauouter3lestutehasbeem Sev4tea, j6wak or otherv4sr c mveyed UUIB 'thy PuLiico ostzta I[ such rdcreace iR made, theta Sa a he x m Od Id and float a thfrd ltolde somua ar allintcn-estin.odil, gash othara�terals or geflii►ecmal energy mate properly. The ;Cl�elrslteCullrGAOtSIL SAIN PduP t to enter WW use Saeproperty wifltuut the sad5s= estate owmerts permission- Youmay be able to 0btaiu title may lncluae &* right Ash youu- title iitsarrstaa eovermge regarfts any etch rdereaced mineral estate aeversom audits affectvpoa your owmrmsbip. CMVWLy repmeufalive for adstanzewi@t this issue. Apr -30 -03 02:49pm From -Dunn & Causey,LLC +9707488881 T -020 P.004/008 F -466 APR.30. 2003- 2:17PM-- FAHTCO EAGLE- NO. 3/0 FP. 4- 34s70803 :IRST AM- EF.ICAN •MRITA,GE TL E COzl1 • Fax: (97o) 32ss 1 81631 enomw X18 $ivadway P.O. Box 1 &� COMNUTMENT SCE SDULE A Commitment No: ES34E870B03 1. Commitment Date: April. 4, 2003 at 7!29 A.M 2, policy or goZlCsas to be issued: (a) o mars Policy - P =oposad Inured: Town of Avon, a Colorado municipal corporation (b) Doan Policy - PXOPOSad insured: NONE Policy Amount $ 5,000.00 $ - 0 3. Fee Simple l tereat in. tue land doworibed in this commitment is owned, at the commitment hate by: TraeY Creek -RP tLCr a Colorado limited liability oarnpEmY 4:. Tba land refereed to is thic ComtuitmQut 3.8 described as fol.lowst Lot 5, The village (at Avon) Filing 1, according to the Final. Plat of The Village (at Avon) Filing 1 recorded Maly 8, 2002 at Reception No. 795007, county of Eagle, State of Colorado- (for info=atiorial purposes only) PR=Ivx "- owrner's Policy $ 175_D0 Tax CertifiCAto 04/25/03 14:58:07 cb 7.f Apr -30 -03 02:49pm From -Dunn & Causey,LLC +9707488881 __Aft H. 2003— 1:1 /PM—I AHIGO LAULL l�k/35/03. 14:58:09 cb It "ox$i L17o. 1344 -El (CO -68) LTA plaia L Fagg cowmi went SCHEAU+B B - section 1 Ozdax mo. ES3487OB03 RQqulrementS T -020 P.005/008 F -466 NO. 3 / 0 1-F. J554310BOa The to11.0Vjii8' raguire=aeatm sutiet be met: (e,) Pay the agreed amounts for the interest in the land and /ox for the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (e) obtain a certificate of t xeo due £xom the county 'treasurer or the county tressvrex,s authoriped agent. (d) Provide us the "Affidavit and lndemnitlr" signed by the Aartie8 listed, in Paragraph 3, Schedule A of this commitment and notarized. ( ©) The following documents satisfactory to us moat be signed, delivered and recorded: 1. Deed from Traer Creek -RP LLC to Town of Avon, a Colorado municipal corporation conveying title to the subject land. Artzoles or Organization i��e �otbeeth2member2 with of State disclose Traer Creak Colorado limited liability company' Articles of OrgaLnization filed May 15, 2000 disclose Nagnuo Lindholm to be the manager of Trae= Creek LLC. The following material, wtoclts may s tisfactionatoly be recorded, must be furnished to the company (f) Compliance with the provisions of section 39-14 -102, Colorado Revised Statutes, requiring completion and filing of a Real Property Transfer Daelaratson. NOTE: IF TI3E SALES OPCOMI'vYr WITH THE AZBCLOSORE OR BY-CNEDS Op SELLER •S• SHALL BE REQUIRE 39 -22 -904.5 (NONRESIDENT w1THHOLD1WG). Apr -30-03 02:49pm From-Dunn & Causey,LLC +9707488881 T -020 P.006/008 F-466 _ .- ,- .APR, 30.2003— 2 :17PM -- FAHTCO EAGLE— NO. 370 0. bswoaos )4,/25/03 14:5,3:10 eb if FOSm No_ 1349,-'82(CoCQg�itmeraG W,TA plain L=5U a g 3CTiEDIIT+E E - gaet�tlti 2 order No. ES34870803 F,Xception$ Any Polycy we iasue will Nava tho. 903.10`0 .ug exceptions unless they are 'taken care of to our Satisfactlon% 1. Taxes and AS0290M®nts not certified to the T'reasurer's office. �Mterasts or claims aihj -Cb a,re not shown by the public records 2_ Any facts, rights, � an inspection of tiIa® land or by making inquisY but which Could be aacertairied Y of persons in poasas5i.on there 3. Easements, or clam Of easements, not shown by public records. conflicts in boundary lines, shortage in area, encroachments, and 4. Discrepancies, Eact and ins eetion of the land, would disclose, and anlr facts which a eorre�thesp��Yc records . which are not shown by S. Any lien, or right to a osed,byo services, lawandnot shown by the e e publicrecords- ox hereafter furnished, imp 6. Any and all unpaid taxes, aeaes,oments aisd =edeemed tax sales' 7_ The affect of inclusions in the following special districts am shown on Tax Certificates prepared by the Eagle County Treasurer: Colorado Mountain College school District 503 Upper Eagle Valley s2mitation District Colorado River water Conservation District Tipper Eagle Valley Conservation District Eagle Valley Library The Village Metropolitan District Eagle County Eagle County soil Conservation Town of AVOn Eagle River Vire Protection District Eagle River Water Se SAnit4tion` "Ptr�ot Eagle County Health SerViee District 8. Reservations aszd exceptions in patents and in acts alltilori zing their iaaso= the as the same rnax affEat tha subjects P=oporty and specifically, the rigla proprietor of a vein ar lode to extract and remove h,i5 are therefrom 512otiisd the same be found to penetrate or intersect the premises as net forth in United States Patent recorded November 19, 1952 jrL Book 138 at Page 247. 9. Terms, condi.tioae, provisions, agremetts and obligati0114 CC- at&jDad. is 'the order and Decree Creating District for The Village Metropolitan District r ®corded February 3, 1993 ar- RecePticn iao. sess04. -- Co- atinued Apr-30 -03 02:49pm From -Dunn & Causey,LLC +9707488881 T -020 P.007/008 F -466 -- -A F K, A 1 U U 3- 1:1 / F MI— I- A H ICU E A G L L Nu, 3/ U i r. /994670B03 �a_/25/03 14:58:7.j cb if �ozut Pio. 1394 -52 (CC -88) A,TA Plain r aagaag® Co=Litmeat Schedule B . section 2 continued ®gd,er Now ES34870B03 ons, agreements and obligations contained in the 10. Terms, conditions, proviga.Reception Incremental Sewer Tap �COrdedtDeccembeTd2Sec2 0lratrRecepti.on N 780922- 679009 and Resolution 11. Terms, conditions, provisions, agreements and obligations contained in the Annexation and Development Agreement recorded November 25► 0996 Agreement No. 677743 and First Ammendment to An;iexgt1on and pevelopri>ent Agr recorded December 10, 2001 at Reception No. 779049• 12. Terms, Conditions, provisions, agreementS and obligations contained in the Town. of Avon Ordinance No. 98_15 recorded November 25, 1998 as Reception No- 677742. agreements 13. Terms, conditions, Pro i5io recorded November 251ig998oas Reception No. 677744 Village (at Avon) PUD and pun Development Plan Administrative Amendment N�998 as ho Village Avon) PUD Development Plan /Sketch dated October 9, Guide Adminis ive recorded ,duly 31, 20 1 ao Reception No_ 763439 and PUD p�tGuide nendmenz No• 2 recorded pebruary 19, 2002 at Reception No. 786259, Administrative Amendment No. 3 recorded May 15, 2002 as Reception DTc, 795806 And pUD Guide Adminiatrative Amendment No. 4 recorded May 15, 202 at Reception No. 795805_ 14. Terms, conditions, reserviceionse�ntsirecorded N0Ve=bert Contained 15' 1999rLS Reception the Notice of Water Serve Agr No. 714779 and Resolution' recorded Decenber 26, 2001 at Reception No. 780923. 15. Terms, conditions, reservations, restrictions and obligations as contained in the Declaration of Master Design Review Covenants for The Village (at Avon.) recorded. M4y 8, 2002 at Reception No. 79503.1. 16. Terms, conditions, r8m ery tiOns, Thetvillages Obligations contained in and (at AVon)CC=Qrcia,lAreaa the Declaration of raven recorded May 8, 2002 at Reception No. 795012. 17. Terms, Conditions, reservations, restrictions and obligations as contained in the T3o1y Crvoa Electric Association, Iioly cgosao Electric SAssociationa between 9= Limited liability company Inc., reaordmd 6july 28, 1993 in Book 614 at Page 968 $t �teception No. 511043. 18. Ditch Statement for the Nottingh= and Rjgder Ditch, filed ScpirerLliaz P-at 1.12e0 and recorded March 151 1968 in Book 212 at Page 346 at Reception No. 107724 and right of way for the 82C0 CONTINUED Apr-30 -03 02:50pm From-Dunn & Causey,LLC J..®..,,..APR. 30.2003- 2:18PM- FAHTCO EAGLE' 4/25/03 14 ;SB =1-3 ob if ro= me. 1344 -BZ (co -88) I.LTA Plain Laagva9'e 00- "'M'ii3'�ent +9707488881 T -020 P.008 /008 F -466 NU. 3 /0 F?. b4s7oso3 schediila 8 - Section 2 COZOAWIed Order No. FS34S70bo3 lg_ Terms, eoz�ditioaer reservations, restrictions and obligations as eontaiAad in of .th,a Ferma eft Easement for a Perpetual Easement to the State y 3, 1972 n laylaways, Division of kIighwayv, State of Colorado recorded May 3, 1972 in Book 223 at Page 983 as Reception No. Part of the ZD. Each and everlr right of access of the Grantors to anca from E om Nottingham Right of Way for Colorado State gighway No_ 4, a �'ra ®way, Ranch Company' recorded N1ay 3. 1972 in Book 223 at Page 982 at Reception No. 17.9728. �1, $a�emente and �zPube of way, as granted to Colorado Ute Electric Assoc�.ation., inc., recorded Juno 5, 1964 in Book 182 at Page 469 at Reception co tion No. 99403. Traer Creek LLC P.O. Box 640 Vail, Colorado 81658 970.949.6776 970.748.8900 Fax March 28, 2003 Mr. John Dunn Dunn & Causey, LLC P.O. Box 7717 Avon, Colorado 81620 Dear John: Pursuant to your request, please find enclosed the original recorded Bargain and Sale Deed from Traer Creek LLC and Traer Creek Metropolitan District to the Town of Avon. Also enclosed is a copy of the Bargain and Sale Deed where the Town joined in the conveyance to Traer Creek -RP LLC. Thank you for your assistance in completing this matter. [y ru urs, Eric Applegate EEA:jc Enclosures cc: Bart Johnson Page 1 of 1 Norman Wood From: Bohart, Shane [shane_bohart @catellus.com] Sent: Monday, April 21, 2003 4:21 PM To: Ruth Borne; Norman Wood Cc: Applegate, Eric Subject: RE: Lot 5 Backfill Removal and Replacement Spell check changed Tambi to Tami ... my bad... - - - -- Original Message---- - From: Bohart, Shane Sent: Monday, April 21, 2003 4:20 PM To: Ruth Borne (E- mail); P. E. Norman Wood (E -mail) Cc: Applegate, Eric Subject: FW: Lot 5 Backfill Removal and Replacement Ruth and Norman, Here is some additional correspondence regarding Lot 5. 1 will forward you the letter of HP acceptance once I attain. Norman, I assume Tami provided you the Deed and Sema info. this afternoon. Shane - - - -- Original Message---- - From: Tom Westhoff [mailto:tom @hpgeotech.com] Sent: Monday, April 21, 2003 4:00 PM To: Erik Peterson; Shane Bohart Subject: Lot 5 Backfill Removal and Replacement Erik and Shane, Per my discussion with Joe Benedict this morning, the previously identified unsuitable Lot 5 backfill behind the Yoder Wall reinforced backfill zone has been removed and replaced with suitable compacted and tested backfill. The lot surface generally has also been graded to rough subgrade elevation and compacted. Joe said at the time of our conversation that some minor cleanup was still in progress and a small area of the lot was still wet and soft on the surface. He stated that he would get with Tom Herman of Sema to have the wet area reworked to acceptance today. As requested, we will issue a letter regarding our acceptance of Lot 5. Sincerely, Tom Westhoff 4/22/2003 Message II // P, a)ge 1 of 1 Norman Wood From: Bohart, Shane [shane_bohart@catellus.com] Sent: Monday, April 21, 2003 2:23 PM To: Norman Wood; Ruth Borne Cc: Applegate, Eric Subject: FW: Completion of Grading at Lot 5 Norm and Ruth, Here is this verification from Sema and I working on getting the HP info. I'll be by your office momentarily to drop this and the Deed. Shane - - - -- Original Message---- - From: Terry Stanford [mailto:tstanford @semaconstruction.com] Sent: Monday, April 21, 2003 2:24 PM To: Bohart, Shane Cc: Peterson, Erik; Tom Herman; Ted Laudick Subject: Completion of Grading at Lot 5 Shane SCI has completed all grading operations at Lot 5 at the Village at Avon. The area was potholed according to the corrective issues agreement and graded and compacted per plan. HP will forward the testing and observation reports to you and the ToA in the near future. Let me know if you need anything else. Terry 4/21/2003 Traer Creek LLC P.O. Box 640 Vail, Colorado 81658 970.949.6776 970.748.8900 Fax April 21, 2003 Mr. Norman Wood Town of Avon 400 Benchmark Road Avon, Colorado 81620 Hand Delivered Dear Norman: Please find enclosed an original deed dated April 16, 2003, from Traer Creek -RP LLC conveying Lot 5, The Village (at Avon) Filing 1 to the Town of Avon. It is my understanding that the issues referenced in your letter related to "... potential problems and non - conforming construction ..." have been satisfactorily resolved. Please do not hesitate to contact us should you have any questions. Very truly ours, Sh a Boha SEB:jc Enclosure =1111111110.6 i�In�Time