HomeMy WebLinkAboutConstruction Agreement and Temporary Construction Easement 02/14/2005 14:41 FA% 9704764534 LAND TITL.E-VAIL �J007/008
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RECORDING REQUESTED BY
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Vail Developmeirt,LLC �� �,r
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c/o Capital Rea1 Estate,Inc. ` V
50 South Sixth Street, Suite I480 C �,G ��, . � ,
Minneapolis.Minnesota 55402. V �
Attention:Manager Q\q�(� ,�� �
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CONSTRUCTION AGREEMENT AND
TEMPORARY CONSTRUCTION EASEMENT
his Construction Agreemetit and Temparary Construction g��ent is dated this
day of February, 2005 and made effecdve as of February�� 2005 by and
between Vail Development, LLC, a Delaware limited liability company ("Grantee"), and
Holiday House Coadominium Association, d/b/�t 9�Vail Road Condominiums("Grantor").
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WHEREAS, Grantor is the association which represents each unit owner with respect to
the common elements of Grantor Property, as hereafter defined (including, but not limited to,
pazking and access rights),which in turn aze the fee owners of that certa,in pazcel of real property
located in the Town of Vail, County of Eagle, State of Colorado, which is more particulariy
described on Exlubit"A"attached hereto(the "Grantor Property");and
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WHEREAS, in conjunction with the development of property adjacent to the Grantor
Property and the conshuction of certain impmvements on that property, which is rnore
particularly described on Exhibit'B" attached hereto (the "Gr$ntee Property'�, Crrantee desires
to construct certain parking facilities and to acquire a temporary construction easernent over the
Grantor Property to permit Grantee and its contractors to enter upon, store construction nhaterials
and equipment on and conduct certain construction activifies over, under, through and aclross the
Grantor Property, related solely to the Improvements (defined below) on the Grantor Property;
and
WHEREAS, Grantor is willing to enter'into such construction agreement and grant such
easement to Grantee pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, for good aud valuable consideration, the receipt and sufficiency of
which is hereby acknowledged,the parties hereto agree as foilows:
� 1. Definitions, The terms set forth below shall for the purposes of this Agreement
have the following meanings:
(a) "E�sting Paricing Stalls" shalt mean those four (4) existing surface
parlcing stalls owned by Grantor and located on the Grantor Property and
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situated to the North of Grantor's building and South of the adjacent
! Alpine Standard property.
(b) "Proposed Parking Stalls" shall mean the four (4) proposed surface
parking stalls to be designed and constructed by Grantee for Grantor,
located on the Grantor Property and situated to the South of Grantor's
building,to the North of West Meadow Drive and immediately adj acent to
the existing driveway servicing Grantor's underground parking structure
and shall be as approved by the Town of Vail.
(c) "Access to the Existing Pazking Stalls" sha11 mean the access route
beginning at Vail Road and continuing directly West over the existing
driveway located on the Grantee Property to the location of the Existing
Parking Stalls.
(d) "Force Majuere Delays" shall mean delays due to: any action or inaction
of Grantor or its agents, unit owners, employees or consultants; lockouts;
Iabor disputes; acts of God; inability to obtain labor, materials or
reasonable substitutes therefore; governmental restriction, regulations or
controls; and other causes beyond the reasonable control of Grantee.
2. Construction Obli�ations and Duties. The Grantee and the Grantor shall have the
following respective obligations and duties with respect to the activities to be undertaken and
accomplished in connection with this Construction Agreement and Temporary Construction
�' Easement, including but not limited to the obligations and duties to perform the projects
described as "permitted construction activities" and as the "Improvements" in Section 3 hereof
(a) Grantee shall undertake and complete the construction of the Proposed
Parking Sta11s according to the following terms and the other terms
contained in this Agreement:
(i) Grantee will demolish and remove the Existing Parking Stalls and
related hardscape at its sole cost and expense and will design and
construct the Proposed Parking Stalls, in accordance with the plans
approved by the Town of Vail Town Council, as may be modified
by the final review of the Design Review Board, all at its sole cost
and expense, including the relocation of conflicting utilities (if
any) and the relocation of Grantor's underground parking access
panel.
(ii) Grantee will design, grade and install landscaping in the area
demolished by Grantee and located on Grantor's Property
consisting of the Existing Parking Stalls and related hardscape
area, in accordance with the final approvals from the Town of Vail,
at Grantee's sole cost and expense, with landscaping materials,
shrubs, trees, etc. to be mutually agreed upon between Grantee and
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Grantor (or absent agreement, to be determined through
� azbitration) and consistent with the proposed and existing
landscaping in the surrounding area and in compliance with the
future approval by the Town of Vail Design Review Board.
(b) Grantor shall have the following respective obligations and duties with
respect to the activities to be undertaken and accomplished in connection
with this Construction Agreement and Temporary Construction Easement:
(i) Grantor shall, after completion of the construction of the Proposed
Parking Stalls and completion of the landscaping in the area of the
Existing Parking Stalls (or any portion thereo�, accept and receive
the same from Grantee and thereafter bear any and all cost and
expense (without right to indemnif cation or contribution from
Grantee) related, directly or indirectly to the maintenance, repair
and replacement of the completed Proposed Parking Stalls and
completed landscaping, subject only to any contractor warranties
in connection with the work performed.
(ii) Grantor will cooperate with Grantee and use its best efforts to
minimize the disruption to Grantee's construction of the Four
Seasons Resort Vail on the Grantee Property (the "Resort")
during the demolition and construction of the Existing Parking
� Stalls and Proposed Parking Stalls.
3. Grant of Easement. Grantor hereby grants unto Grantee and its employees, agents,
contractors, subcontractors, materialmen and assigns a temporary constructiori easement
permitting Grantee and its employees, agents, contractors, subcontractors, materialmen and
assigns to enter upon and conduct the construction activities described herein over, under,
through and across the Grantor Property(the`�Easement"). The permitted construction activities
shall include the storage of materials and equipment on the Grantor Property and all reasonable
activities related to the following (collectively, the "Improvements"} (i) the demolition and
removal of the Existing Pazking Stalls and related hazdscape (which shall be completed by
Grantee on or before issuance of a temporary or permanent certificate of occupancy for the
Resort); (ii) the construction of the Proposed Pazking Stalls, and the resurfacing of the Proposed
Parking Stalls with the final finish approved liy the Town with snow melt devices fully installed
and installation of landscaping in the area of the Proposed Parking Stalls (which shall be
completed by Grantee prior to the earlier of October 7, 2005 or the issuance of a temporary or
permanent certificate of occupancy for the Resort); (iii) the relocation of any conflicting utilities
in the area of the Proposed Parking Stalls (which shall be completed by Grantee on or before the
earlier of October 7, 2005 or the issuance of a temporazy or permanent certificate of occupancy
for the Resort); (iv) the relocation of the Grantor's underground parking access panel (which
shall be completed by Grantee on or before the earlier of October 7, 2005 or the issuance of a
temporary or permanent certificate of occupancy for the Resort); (v) the necessary relocation and
recontainment in a concrete box culvert of Spraddle Creek, in an area north of the existing
building on the Grantor Property cross-hatched on Exhibit "C" attached hereto (including
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restoration, re-vegetation and re-landscaping of such area), and as indicated in Grantee's
i approved plan with the Town of Vail and pursuant to plans and specifications therefor approved
by the Town of Vail (which shall be completed by Grantee on or before the earlier of October 7,
2006 or the issuance of a temporary or permanent certificate of occupancy for the Resort); (vi)
the construction of sidewalks along the southern property line of the Grantor Property, pursuant
to plans and specifications therefor approved by the Town of Vail(which sha11 the completed by
Grantee prior to issuance of a temporary or permanent certificate of occupancy for the Resort);
(vii) the construction of streetscape improvements along the southern property line of the
Grantor Property pursuant to plans and specifications therefor approved by the Town of Vail
(which shall be completed by Grantee prior to issuance of a temporary or permanent certificate
of occupancy for the Resort); and (viii) the restoration, revegetation and landscaping of the area
that currently consists of the Existing Parking Stalls and related hardscape (which shall be
completed by Grantor prior to issuance of a temporary or permanent certificate of occupancy for
the Resort). Notwithstanding the foregoing, the Easement granted hereunder shall not permit
any activities which adversely affect the building located on Grantor Property and containing the
9 Vail Road condominium units. Further, nothing contained herein shall be construed as
affecting the rights of Grantor or its unit owners to appear before any governmental agency of
the Town of Vail regarding any proposed activity set forth herein.
4. Term. The Easement shall terminate of its own accord, without further action by
cither party, on December 31, 2007, provided that, in the event that Grantee completes its
construction activities on the Grantor Property and the Improvements are accepted by Grantor
and/or ap�roved by the Town of Vail on or before such date, Gra.ntee and Grantor agree to
provide a recordable termination of this Agreement and release of this Easement upon written
� request from either Grantee or Grantor.
5. Liens. In the event that any liens are filed against the Grantor Property or any part
thereof arising out of or related to any work performed by or on behalf of Grantee in connection
with this Agreement, Grantee shall have such liens discharged of record or insured or bonded
over within thirty(30) days of receipt of notice of said lien.
6. Hazardous Waste. The Grantee shall hold the Grantor harmless from and against
all claims of whatever nature related to hazardous substances whose presence upon or under the
Easement is caused directly by Grantee or its employees, agents, contractors, subcontractors or
materialrnen. Such term "hazardous substances" shall be interpreted herein as it and similar
temis are defined in the Federal Resource Conservation and Recovery Act of 1976, the Federal
Comprehensive Environmental Response Compensation and Liability Act of 1980, the
Superfund Amendments and Reauthorization Act of 1986(U.S.C. § 9601, et seq.),as amended.
7. Conditions of Construction Easement. Grantor and Grantee shall abide by the
following terms and conditions in connection with the demolition and construction of the
Improvements:
(a) All demolition and construction of the Improvements shall be at Grantee's
sole cost and expense and shall be fully completed by Grantee on or
before the applicable dates set forth in Section 3 hereof.
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If there are any questions or concerns, please feel free to contact me by phone or e-mail. Thank
you for you time. I remain
Sincerely,
David W. Brooks
Sr. Project Manager
The John Hardy Group, Inc.
Cc: TJ Brinkman
Douglas Hipskind
Peter Speth
C:�DOCUME�I�ADMINI�1\LOCALS�1\Temp\TKassmel Vail letter potholing
7.13.2005.doc
' (b) The (i) demolition and removal of Existing Parking Stalls and related
landscape in the area that currently consists of the Existing Parking Stalls
and related hardscape, (ii)construction of the Proposed Parking Stalls, (iii)
relocation of any conflicting utilities in the area of the Proposed Parking
Sta11s, and (iv) the relocation of the Grantor's underground parking access
panel, shall be performed by Crrantee between the months of April and
June inclusive or between September 6 and November 15 and only
between the hours as specifically allowed and regulated by the Town of
Vail. Construction of alI other Improvements shall occur only between the
hours as specifically allowed or regulated by the Town of Vail, provided,
however, that in no event shall ingress to and egress from the parking
garage on Grantor Property be made inaccessible between June 15 and
September 6 or between November 16 and Apri16.
(c) Grantee shall use its best efforts to minimize disruption to Grantor,
together with its unit owners and guests, during the demolition and
construction of the Improvements on Grantor's Property.
(d) Grantee shall construct the Improvements using new and first class
materials, as specifically approved by the Town of Vail; if any materials
have not been or will not be specified by the Town of Vail, the parties
shall cooperate with each other to agree on the final material selections; if
� the parties are unable to agree on the final material selections, then such
disagreement shall be resolved by arbitration, pursuant to the provisions of
Secrion 22 hereof.
(e) All landscaping materials installed on Grantor's Property in connection
with the Improvements shall be consistent with the proposed and existing
landscaping in the surrounding area and in compliance with approvals
from the Town of Vail. The parties shall cooperate with each other in
good faith to obtain the Town's approval of plans with respect to such
landscaping installations.
(� Grantee shall ensure that construction of the Proposed Parking Stalls will
be completed before the Access to the Existing Parking Stalls and the
Existing Parking Stalls themselves have been eliminated, demolished,
modified or affected. However, in the event that Grantee desires to
eliminate, demolish, modify or affect the Access to the Existing Parking
Stalls and/or the Existing Parking Stalls themselves before the Proposed
Parking Stalls are fully constructed and operational, Grantee may do so
provided that Grantee shall prior to such elimination, demolition or
modification have the necessary final approvals from the Town of Vail
regarding the Proposed Pazking Stalls and shall provide and make
available to Grantor four (4) temporary parking stalls at a location
mutually agreed to by Grantor and Grantee, but adjacent to the Grantor
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Property, such as, in the Gateway Building pazking facility or the Vail
� Viltage Inn surface parking lot accessed from Vail Road or on the Grantee
Property.
(g) Grantee shall ensure that in the event that temporary parking stalls are
established and provided to Grantor, that the Proposed Parking Stalls shall
be completed and operational no more than six (6) months after
establishment of the temporary parking stalls, subject to any Force
Majeuere Delays.
(h) Grantor shall cooperate with and assist Grantee (without cost and expense
to Grantor) in the timely completion of the Improvements and in the
timely performance of the purpose of this Agreement.
(i) Grantee shall not install construction fencing on the Grantor Property,
except onty to the extent required with respect to a specific construction
activity permitted by Section 3 hereof and then only during the period of
such construction activity.
(j) Grantor shall, after completion of the Improvements (or any portion
thereo fl, accept and receive the same from Grantee without recourse and
thereafter bear any and all cost and expense (without right to
indemnification or contribution from Grantee) related, directly or
; indirectly to the maintenance, repair and replacement of the
� Improvements, subject only to any contractor warranties.
8. Restoration. Grantee agrees, at its sole cost and expense, to restore the surface of
the Grantor's Property damaged by Grantee or its employees, agents, contractors, subcontractors
and materialmen(if any) in the demolition or construction of the Improvements.
9. Monitoring for Structural Dama�e. Grantee shall reimburse Grantor for Grantor's
reasonable costs, not to exceed a total reimbursement of Thirty-Five Thousand Dollars
($35,000),to engage a structural engineer licensed in Colorado to monitor any structural damage
to the improvements currently existing on the Grantor Property that may occur as a result of
Grantee's construction of the Resort on the Grantee Property or Grantee's construction of the
Improvements on the Grantor Property; provided however, that Grantor shall require such
engineer, (a)prior to commencement of construction of the Resort,to prepare a"base line" report
of the structural status of the improvements on the Grantor Property certified to and provided to
Grantor and Grantee, and (b) to certify and provide all subsequent monitoring reports, data and
evaluations to both Grantor and Grantee. Such reimbursement shall be due and payable by
Grantee within thirty (30) days of Grantee's receipt of reasonable evidence documenting such
costs. Grantee may, at its election, cause its own consultants to enter the Grantor Property prior
to commencement of construction of the Resort to assess the current structural condition of the
improvements on the Grantor Property.
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10. Remedies and Enforcement.
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(a) All Lesal and Epuitable Remedies Available. In the event of a breach or
threatened breach by Grantor or Grantee of a.ny of the terms, covenants,
restrictions or conditions hereof, the other shall be enritled forthwith to fµll
and adequate relief by injunction and/or all such other available legal and
equitable remedies from the consequences of such breach, including
payment of any amounts due andlor specific perfortnance.
(b) Self-Heln. In addition to all other remedies available at law or in equity,
upon the faiture of a defaulting party to cure a breach of this Agreement
within thirty (30) days following written notice thereof by such non-
defaulting party (unless, with respect to any such breach the nature of
which cannot reasonably be cured within such 30-day period, the
defaulting party commences such cure within such 30-day period and
thereafter diligently prosecutes such cure to completion), the non-
defaulting party shall have the right to perform such obligation contained
in this Agreement on behalf of such defaulting party and be reimbursed by
such defaulting party upon demand for the reasonable costs thereof
together with interest at the prime rate announced from time to time by the
Wall Street.Iournal, plus two percent (2%) (not to exceed the maximum
rate of interest allowed by law). Notwithstanding the foregoing, in the
event of an emergency a party hereto may immediately cure the same and
( be reimbursed by the other party upon demand for the reasonable cost
thereof together with interest at the prime rate, plus two percent (2%), as
above described.
(c) Lien Rights. Any claim for reimbursement, including interest as aforesaid,
and all costs and expenses including reasonable attorneys' fees awarded to
any party in enforcing any payment in any suit or proceeding under this
Agreement shall be assessed against the defaulting party in favor of the
prevailing paxty and shall constitute a lien(the "Assessment Lien") against
said defaulting party's property until paid, effective upon the recording of
a notice of lien with respect thereto in the Office of the County Recorder
of the County of Eagle, State of Colorado; provided, however, that any
such Assessment Lien shall be subject and subordinate to (i) liens for taxes
and other public charges which by applicable law are expressly made
superior, (ii) all liens recorded in the Office of the County Recorder of the
County of Eagle, State of Colorado,prior to the date of recordation of said
notice of lien, (iii) all leases entered into, whether or not recorded, prior to
the date of recordation of said notice of lien; and (iv) all management and
other agreements entered into with respect to the operation and
management of the Property, whether or not recorded, prior to the date of
the said notice of lien. All liens recorded subsequent to the recordation of
the notice of lien described herein shall be junior and subordinate to the
Assessment Lien. Upon the timely curing by the defaulting party of any
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default for which a notice of lien was recorded, the party recording same
� shall record an appropriate release of such notice of lien and Assessment
Lien.
(d) Remedies Cumulative. The remedies specified herein shall be cumulative
and in addition to all other remedies permitted at law or in equity.
11. Indemni . Grantee agrees to indemnify and hold Grantor harmtess &om and
against any and all claims, demands, debts, causes of action, suits, covenants, contracts,
agreements and costs, whether to persons or property, as a result of: (i) any third party action
arising directly out of the activities of Grantee or its employees, agents, contractors,
subcontractors or materialmen hereunder; (ii) the construction activities to be performed by
Grantee or its employees, agents, contractors, subcontractors or materialmen, and (iii) any
damage or flooding of the Crrantor Property caused by the negligence or willful misconduct of
Grantee in completing the relocarion of Spraddle Creek on the Grantor Property, and Grantee
agrees to defend and hold Grantor harmless in any action or litigation, threatened or otherwise,
arising out of such direct activity of Grantee hereunder, including, but not limited to, Grantor's
reasonable attorney's fees and costs.
12. Grant of Public Easements. Grantor shall execute such drainage and utility
easements to the Town of Vail, or other units of government, or to the public as may be
reasonably required by the Town of Vail or such other units of government to embrace the final
Spraddle Creek improvements and relocated public utilities on the Grantor Property.
� 13. Survival of Terms. The terms, conditions, liabilities and obligations contained in
paragraphs 5, 6, 7(j), S, 10, 11 and 12 shall survive the termination of this Agreement regardless
of the form or timing of the termination.
14. Notices. Norices, communications or demands required or permitted to be given
hereunder shall be given by certified mail, return receipt requested or by national overnight
courier company, or personal delivery. Notice shall be deemed given upon receipt or refusal to
accept delivery. Each party may change from time to time their respective address and/or
telephone and fax numbers for notice hereunder by like notice to the other party. The notice
addresses are as follows:
In the case of Grantor: Holiday House Condominium Association,
d/b/a 9 Vail Road Condominiums
P. O. Box 5733
Vail, Colorado 81658-5733
Attention: Association President
Phone: (970) 479-7100/Fax: (970) 476-8852
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In the case of Grantee: Vail Development, LLC
� c/o Capital Real Estate, Inc.
50 South Sixth Street, Suite 1480
Minneapolis, MN 55402
Attention: Manager
Phone: (612) 313-2500/Fax: (612) 313-0136
or at such other address as such party may specify in writing.
15. Goveming Law. The laws of the State of Colorado shall govern the interpretation,
validity,performance, and enforcement of this Agreement.
16. Estoppel Certificates. Each party hereto, within twenty(20) days of its receipt of a
written request from the other party, shall from time to time provide the requesting party, a
certificate binding upon such party stating: (a)to the best of such party's knowledge, whether any
party to this Agreement is in default or violation of this Agreement and if so identifying such
default or violation; and (b) that this Agreement is in full �orce and effect and identifying any
amendments to the Agreement as of the date of such certificate.
17. Banla�uptcy. In the event of any banla�uptcy affecting any party, the parties agree
that this Agreement shall, to the maximum extent permitted by law, be considered an agreement
that nins with the land and that is not rejectable, in whole or in part, by the bankrupt person or
entity.
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18. Countemarts. This Agreement may be executed in counterparts, all of which
taken together sha11 constitute one and the same instrument.
19. Amendment. The parties agree that the provisions of this Agreement may be
modified or amended, in whole or in part, or terminated, only by the written consent of the
parties hereto (or such successors and assigns).
20. No Waiver. No waiver of any default of any obligation by any party hereto shall
be implied from any omission by the other party to take any action with respect to such default.
21 Representations. Each of the parties hereto, hereby represents and wairants to the
other party that they have the express authority and power to enter into this Agreement and to
grant the Easements set forth herein. Further, the parties represent and warrant to the other party
that the individuals executing this Agreement on behalf of said party have the unqualified
authorization and authority to execute this Agreement and bind said party to the express terms
hereof.
22. Arbitration. The parties hereto hereby acknowledge and agree that subject to the
interim rights noted below any controversy or claim arising out of or related, directly or
indirectly to this Construction Agreement and Temporary Construction Easement shall be
resolved by arbitration administered by the American Arbitration Association under its
Construction Industry Arbitration Rules and Mediation Procedures and judgment on the award
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rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. The parties
( hereto further acknowledge and agree that the azbitration shall be held in the State of Colorado
and that the arbitrator(s) may grant any remedy or relief, consistent with Colorado law, that the
arbitrator(s) deems just and equitable and within the scope of this Construction Agreement and
Temporary Construction Easement, including, but not limited to, summary judgment, and
specific performance. The parties hereto hereby agree that the arbitrator(s) shall not have the
authority, in the awazd, to assess damages or fees, expenses and compensation(including but not
limited to, reasonable attorneys' fees and costs)in favor of the prevailing pariy in the azbitration,
but shall have only the authority to require specific performance. Each party shall also have the
right to apply for and to obtain interim judicial relief pending the results of the azbitration.
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties have executed this Temporary Construction
� Easement as of the day and year first above written.
"GRANTEE"
VAIL DEVELOPMENT,LLC,
a Delaware limited liability company
By: _
. a ser
= � I �Co-Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on February � 2005, by Richard J.
Hauser, the Co-Manager of Vail Development, LLC, a Delaware limited liability co pany, on
behalf of the limited liability company. ,j ,
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f'""`•�'• CHARL�TTE MARtA SCHU
, s Notary Public
���►�'" NOTARY PUBLIC•MINNEaOTA
My CoTm.Expkq�sn.St�t007
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95907.doc 11
"GRANTOR"
HOLIDAY HOUSE CONDOMINIUM
ASSOCIATION,
d/b/a 9 VAIL ROAD CONDOMINIUMS,
a Colorado corporation
By: '' -�- .�i' �---
G o yn �lello� ' President
By: � ���
Peter Mourani, its Secretary
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
This instrument was acknowledged before me on February�, 2005 by Gwendolyn
Scalpello as the President of Holiday House Condominium Association, d/b/a 9 Vail Road
Condominiums, a Colorado corporation, on behalf of the corporation.
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STATE OF COLORADO ) -��'��?�-
) ss.
COUNTY OF EAGLE )
This instrument was acknowledged before me on February , 2005 by Peter
Mourani as the Secretary of Holiday House Condominium Associatio , d/b/a 9 Vail Road
Condominiums, a Colorado corporation on behalf of the corporation.
Notary P lic G 'w��'l �'�i
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95907.doc 12
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EXHIBIT A
GRANTOR PROPERTY LEGAL DESCRIPTION
A part of the Northeast one-quarter of Section 7, Township 5 South, Range 80 West of the Sixth
Principal Meridian and being a part of Lots A, B, and C of Amended Map of Sheet 1 of 2 of Vail
Village Second Filing, County of Eagle, State of Colorado, more particulazly described as
follows:
- Commencing at the Northeast corner of said Section 7;
- thence Southerly and along the East line of the Northeast one-quarter of said Section 7,
39.20 feet to the South right-of-way line of U.S. Highway No. 6;
- thence on an angle to the right of 100 degrees 41'47" and along said South right-of-way
line 25.44 feet to a point on the West line of Vail Road, said point being the
Northeasterly comer of said Lot A;
- thence continuing along the aforementioned line and along the Northerly line of said Lot
A, 152.65 feet to the Northwesterly corner of said Lot A;
- thence on an angle to the left of 100 degrees 41'47" and along the West line of said Lot
A, 139.1 S feet to the true point of beginning;
- thence on an angle to the left of 73 degrees 53'12", 156.13 feet to the West line of Vail
Road;
- thence on an angle to the right of 73 degrees 53'12"and along said West line 202.15 feet;
� - thence on an angle to the right of 90 degrees 00'00", 98.75 feet to the Northerly line of
West Meadow Drive;
- thence on an angle to the right of 58 degrees 16'39" and along said Northerly line and
along a curve to the left having a radius of 175.00 feet, a central angle of 36 degrees
00'15", an azc distance of 109.9? feet to a point of tangent;
- thence along said tangent and along said Northerly line 11.00 feet;
- thence on an angle to tlie right of 141 degrees 46'30", I01.50 feet;
- thence on an angle to the left of 102 degrees 13'17", 86.00 feet;
- thence on an angle to the right of 90 degrees 00'00", 18.27 feet;
- thence on an angle to the left of 90 degrees 00'00", 67.00 feet, more or less, to the true
point of beginning; conta.ining 28,347.31 square feet or 0.65 acres., more or less.
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EXHIBIT B
GRANTEE PROPERTY LEGAL DESCRIPTION
PARCEL A:
A part of the Northeast one-quarter of Section 7, Township 5 South, Range 80 West of the Sixth
Principal Meridian and being a part of Lots A, B, and C of Amended Map of Sheet 1 of 2 of Vail
Village Second Filing, County of Eagle, State of Colorado, more particularly described as
follows:
- Commencing at the Northeast Corner of said Section 7;
- thence Southerly and along the East line of the Northeast one-quarter of said Section 7,
39.20 feet to the South right-of-way line of U.S. Highway No. 6;
- thence on an angle to the right of 100 degrees 41'47" and along said South right-of-way
line, 25.44 feet to a point on the West line of Vail Road, said point being the
Northeasterly corner of said Lot A;
- thence continuing along the aforementioned line and along the Northerly line of said Lot
A, 152.65 feet to a point on the Northwesterly corner of said Lot A, said point being the
true point of beginning;
- thence on an angle to the left of 100 degrees 41'47" and along the West line of said Lot
A, 110.00 feet;
- thence on an angle to the left of 73 degrees 53'12", 156.13 feet to the West line of Vail
Road;
I - thence on an angle to the right of 73 degrees 53'12"and along said West line 2915 feet;
- thence on an angle to the right of 106 degrees 06'48", 156.13 feet to the West line of
said Lot A;
- thence on an angle to the left of 134 degrees 17'11", 67.00 feet;
- thence on an angle to the right of 90 degrees 00'00", 18.27 feet;
- thence on an angle to the left of 90 degrees 00'00", 86.00 feet;
- thence on an angle to the right of 102 degrees 13'17", 101.50 feet, more or less to the
Northerly line of West Meadow Drive;
- thence on an angle to the right of 38 degrees 13'30" and along the said Northerly line
264.42 feet to a point of curve;
- thence continuing along said Northerly line and along a curve to the left having a radius
of 525.00 feet, a central angle of 06 degrees 23'12", an arc distance of 58.52 feet to the
Westerly line of Lot C;
- thence on an angle to the right of 84 degrees 48'35"and along the Westerly line of Lot C,
251.25 feet to the South right-of-way line of U.S. Highway No. 6;
- thence on an angle to the right of 90 degrees 00'00" and along said South right-of-way
line 300.00 feet, more or less, to the true point of beginning.
(
�
TOGETHER WITH AN EASEMENT for Ingress and Egress to and from subject property
; described as follows:
A triangular easement at the Northwest comer of a part of Lot A of Amended Map of Sheet 1 of
2 of Vail Village Second Filing, County of Eagle, State of Colorado more particularly described
as follows:
- Commencing at the Northeast corner of Section 7, Township 5 South, Range 80 West of
the Sixth Principal Meridian;
- thence Southerly and along the East line of said Section 7, 39.20 feet to the South right-
of-way line of U.S. Highway No. 6;
- thence on an a.ngle to the right of 100 degrees 41'47" and along said South right-of-way
line, 178.09 feet to the Northwest corner of said Lot A and to the true point of beginning,
- thence on an angle to the left of 100 degrees 41'47" and along the West line of said Lot
A, 65.44 feet;
- thence on an angle to the lei�of 90 degrees 00'00", 5.00 feet;
- thence on an angle to the left of 63 degrees 29'S1", 65.86 feet to the North line of said
Lot A; thence on an angle to the left of 105 degrees 48'22" and along said North line of
35.00 feet to the true point of beginning;
Also,
TOGETHER WITH an Easement for Ingress and Egress to and from subject property described
as follows:
(
A triangular easement at the Southwest corner of a part of Lot A of Amended Map of Sheet 1 of
2 of Vail Village Second Filing, County of Eagle, State of Colorado, more particularly described
as follows:
- Commencing at the Northeast comer of Section 7, Township 5 South, Range 80 West of
the Sixth Principal Meridian;
- thence Southerly and along the East line of said Secrion 7, 39.20 feet to the South right-
of-way line of U.S. Highway No. 6;
- thence on an angle to the right of 100 degrees 41'47" and along said South right-of-way
line 178.09 feet to the Northwest corner of said Lot A;
- thence on an angle to the left of 100 degrees 41'47" and along the West line of said Lot
A, 95.00 feet to the true point of beginning;
- thence on a curve to the left, having a radius of 15.00 feet, a central angle of 70 degrees
18'45", an arc length of 18.08 feet to a point of tangent;
- thence along said tangent, 58.05 feet;
- thence on an angle to the right of 176 degrees 25'33", 67.00 feet to the West line of said
Lot A;
- thence on an angle to the right of 73 degrees 53'12" and along said West line 15.00 feet,
more or less, to the true point of beginning, County of Eagle, State of Colorado
�
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PARCEL B:
A PART OF LOT A OF AMENDED MAP OF SHEET 1 OF 2 OF VAIL VILLAGE, SECOND
FILING, COUNTY OF EAGLE, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT A; THENCE SOUTH
79 DEGRESS 41 MINUTES 13 SECONDS EAST AND ALONG THE NORTHERLY LINE
OF SAID LOT A, A DISTANCE OF 152.65 FEET TO THE NORTHEAST CORNER OF
SAID LOT A; THENCE SOUTH 0 DEGREES 23 MINUTES 00 SECONDS EAST ALONG
THE EASTERLY LINE OF SAID LOT A, A DISTANCE OF 125.00 FEET; THENCE NORTH
74 DEGRESS 16 MINIJ'fES 12 SECONDS WEST A DISTANCE OF 156.13 FEET TO A
POINT OF INTERSECTION WTTH THE WESTERLY LINE OF SAID LOT A; THENCE
NORTH 0 DEGREES 23 MINUTES 00 SECONDS WEST AND ALONG SAID WESTERLY
LINE OF SAID LOT A, A DISTANCE OF 110.00 FEET TO THE TRUE POINT OF
BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO, TOGETHER WITH AN
EASEMENT FOR INGRESS AND EGRESS BEING A PART OF LOT A OF AMENDED
MAP OF SHEET 1 OF 2 VAIL VILLAGE, SECOND FILING, COLTNTY OF EAGLE, STATE
OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING
AT THE NORTHEASTERLY CORNER OF LOT A; THENCE SOUTH 0 DEGREES 23
MINUTES 00 SECONDS EAST AND ALONG THE EASTERLY LINE OF SAID LOT A, A
DISTANCE OF 125.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 73
DEGREES 30 MINUTES 12 SECONDS WEST A DISTANCE OF 156.13 FEET TO A POINT
� OF INTERSECTION WITH THE WESTERLY LINE OF SAID LOT A; THENCE 50UTH 0
DEGREES 23 MINUTES 00 SECONDS EAST AND ALONG WESTERLY LINE A
DISTANCE OF 29.15 FEET; THENCE SOUTH 73 DEGREES 30 MINUTES 12 SECONDS
EAST A DISTANCE OF 156.13 FEET TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID LOT A; THENCE NORTH 0 DEGREES 23 MINUTES 00
SECONDS WEST AND ALONG SAID EASTERLY LINE A DISTANCE OF 29.15 FEET TO
THE TRUE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO.
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EXHIBIT C
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AREA OF SPRADDLE CREEK RELOCATION ON GRANTOR PROPERTY
(Cross-hatched area on attached drawing)
(
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