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Home My WebLink About2013-11 Approving Certain Water Facility Easements and Water Agreement with ERWSD RESOLUTION NO. 11 Series of 2013 A RESOLUTION APPROVING CERTAIN WATER FACILITY EASEMENTS AND A WATER AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT;AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town'), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter(the"Charter"); WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; i I WHEREAS,the Town is the owner of certain real property commonly known as the Vail Golf Course. WHEREAS, the Eagle River Water and Sanitation District (the "ERWSD") adjudicated the water rights and plan for augmentation in the District Court in and for Water Division No. 5 Case No. 82CW328 to furnish a legal water supply for the 169 acre feet of water per year for the Vail Golf Course; WHEREAS, certain Water Facility Easements (the "Easements") are necessary for the Water District to meet its water and sewer service obligations;and WHEREAS, the Town desires to grant to the ERWSD the Easements and to approve a Water Agreement (the ("Agreement") relating thereto in the form attached to this Resolution as Exhibit A. NOW THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,COLORADO THAT: Section 1. The Council hereby approves the Easements and Agreement, and authorizes the Town Manager to enter into the Easements and Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED,PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1"day of October,2013. Andrew P.Daly Town Mayor T agel, cting wn Cler Resolution No. 11,Series 2013! A L ; moo•••......•••: ORADO t_ WATER AGREEMENT This Water Agreement,dated this day of September,2013, is between the Eagle River Water and Sanitation District(the"Water District") and the Town of Vail(die"Town' Recitals Whereas, the Vail Valley Consolidated Water District and the Vail Metropolitan Recreation District(the"Recreation District") entered into an Agreement dated September 8, 1983 (the"1983 Agreement"), concerning the water supply for the Vail golf course(hereinafter the"Golf Course") and the development of water for the Water District's other users; Whereas, the Water District is the successor to the Vail Valley Consolidated Water District; Whereas, the Water District and the Recreation District amended the 1983 Agreement by Amendment to 1983 Agreement dated August 28, 2012; Whereas, the Golf Course is located on Town property; Whereas,the Recreation District was to obtain for the Water District easements for the Water District wells,transmission lines,treatment plant/well house buildings, storage ponds, water diversion facilities, and sewer mains(the"Water Facility Easements")under the 1983 Agreement; Whereas, the Recreation District never secured the Water Facility Easements; Whereas, the Water District adjudicated the water rights and plan for augmentation in the District Court in and for Water Division No. 5 Case No. 82CW328 to furnish a legal water supply for the 169 acre feet of water per year for the Golf Course provided for in the 1983 Agreement(die"Golf Course Water Supply"); Whereas, the Water District has furnished the Golf Course Water Supply without cost for the past 30 years in anticipation of obtaining the Water Facility Easements; Whereas, the Water Facility Easements are necessary for the Water District to meet its water and sewer service obligations; and Whereas, the water and sewer service by the Water District and the Golf Course Water Supply are essential to the vitality of the Town and the Golf Course. 'A 61638 Agreement Now,therefore, for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. The Town shall convey the Water Facility Easements to the Water District attached hereto. 2. In the event the Recreation District should ever cease to exist or cease to operate the Golf Course, the Town shall be the successor to the Recreation District under the 1983 Agreement as amended, and the Water District's obligation to use the Golf Course Water Rights to furnish water to the Golf Course under the 1983 Agreement as amended shall continue in full force and effect. 3. Except as supplemented by this Water Agreement,the terms and conditions of the i 1983 Agreement as amended shall remain in full force and effect. Executed as of the date first set forth above. EAGLE RIVER WATER&SANITATION DISTRICT Attest: By: Secretary Name: Title: TOWN OF VAIL Attest: By: Secretary Name: Title: 2 61638 { WATER FACILITY EASEMENT F THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality(hereinafter referred to as "Grantor"),its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District"). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation,treatment plant facilities,well house buildings, valve works,meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under, and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBIT - WELL (R1) EASEMENT, EXHIBIT - WELL (R1) PIPELINE EASEMENT and EXHIBIT - WELL (R1) ACCESS EASEMENT consisting of 6 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house, and non-exclusive within the remainder of this Easement; provided however, that (1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over the non-exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the non-exclusive portion of this Easement where the water pipe and transmission lines are located or where the District may need to re- drill and/or relocate Well (R 1) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re-drill and/or relocate Well (Rl); (3) the District must consent to any overlapping easements and such easements cannot hinder the water related purposes of this Easement; and (4) to the extent any feature of the Vail golf course presently overlaps the non-exclusive portion of this Easement, or if any such overlapping feature is added or constructed by Grantor in the future, Grantor shall be solely responsible to remove and/or restore such feature should removal or destruction of the feature, in whole or in part, be required in order for the District to exercise the Easement herein granted. The District shall notify Grantor of any construction to occur in the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of future well house buildings or other structures, which suggestions will be considered by the District in good faith but not be binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. Following the completion of the purpose of any entry by the District upon this Easement for any of the aforesaid facilities, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed by the District in connection with any future facilities on this Easement shall be replaced with a 10-15 feet nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. i This Easement shall terminate in the event that the relocated Well R1 is constructed and operational, the occurrence of which shall be set forth in an affidavit from the District filed of record. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Stan Zemler Town Manager i s STATE OF COLORADO ) ss. COUNTY OF EAGLE The foregoing Easement was subscribed and sworn to before me this day of 2013,by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public 3 ACCEPTED by the Eagle River Water & Sanitation District this day of 2013,by Linn Brooks, General Manager. EAGLE RIVER WATER &SANITATION DISTRICT By= Linn Brooks General Manager F I jr I -WILL(+t+) NT A PARCEL OF LAND LOCATBD1N71IE SOUMHALF OP THE SOU1118AS7'QUAR7ER OF 8Bcrm 3, 1DWN M 5 SWnL RANGE 80 WBSTOFTIM SMPIDINVALMRRIDIAN,COUNTY OF BAMA STATB OSP CMMADO•LYM WMRN APARCBL OF LAND DESMUM IN BOOK391 ATPAOB 518, HIM MORE PAR?IC[IiARY DB$(RMBD AS PMWWS: ATAPO1r1TW118NCBT118NOLTHWBSTCoM=OFTRACTF,VAjLVIILAGSZX MM FD,1NQ,AOCORPM TO TIMPLAT$BCORD®IMY 2(,1971 ATINCE CINNo,116816,TOWN CF VAII,$AOLBC nwy.STATBOFCOLORADO BEARS N 48°10"21•BADIBTANLB OF IK%PBET,; . TICS 01'21'46'W ADIBTANCB OF 108.00 FBBTTO APODUON71MNM7NLDM OF 7RAiCPA, pKAT80SRANCHUOMSUBDIV ACCORDMTOMBPLATRECCRtODPBBRUARY11,2004,AT RSCM=No.WlY7/ ~ • OF VAII.,IHBN�CBN 88'3714 W ALON08AIDN08;TA LIIIS OF SAID TRACrADISTANCB OF 100.00 F8B7;1ZMDWARTM SAID NMINU14871mFoL LOWIIN0(,'Z) j TWOODLIR 68: 1) N01'22'46"BADIBTANCB OF INN FBET; j 2) S 8897'14'B ADIBTANM OF 100.00 FBBT TO 1718 LAID PARCEL CMUAIIMM..0.230 ACRU MORE OR LESS. I THE ABOVE DESCRIBED BASHMENTBA818 OP BBARDMIS T11S LM CONNBC'TIMONOS STATIONS "SPRAMUr AM OMCLAURMr,WIMM BEARS 8 75'16'36"3 UMM COLORADO CRI AL TANG MMO WA7B PLAM COORDQIATBB(SPCA 83 VMH A SCALB FACMR OP 1.00041186. THBBOUNDARY FOR VAIL VEI AOB BLBVMM PUMO HAS ROTA7'1ON(W(-00'43'On FROMPLATTBDRUMMO . Is$ ! i III ' HRBNTB10d8 PLS No.27398. PREPARED PM AM ON BEHALF OF PEAK LAM CO KLTAN M INC I i I� i P:11800.1899UNNo=W4epb%ft t&VOGWd4Lgd B &c 0 o r . s9 rB w J ✓ � Da to N �1 �ss gA 1 4, '001 a � m ; m $ ; `1 6 1 1 wit k } ti i I EXMBrr-WELL(Rl)PIPELDM EASEMENT. APART OF LAM LOCA78D IN TBE SOU19HALF OF ME SOtMffAST QUARTER OF SECTION 3. 70VN R S SOUTH,BANt3B 80 WEST OF THE SEMPBRIICPAW►m EMK COUNTY OF SAt11% STATBCFCMMAMLYMWMENAPARCELOFLAINDMMMMINDOOK391ATPAOSSU AND 1RACPF,VAL VllAOBRL.BVENIHFII,M ACCOMN3TO THE PLATRECORDEDJMY26, 1471ATRBCMvi DNNa116816,TOWNOFVAIL,BMB ACOtMTY,STATEOFOOLMDONSIN01r1M PARTICULARLY DBStRUED AS FOLLOWS: AT THBNORTHWBSTCOBNt01Ot+SAID TRACT F,T=4m S 13'01'06*BADIBTANCB OF 39.82FMD,THM S 31'19'16'W AI3WANCS CF 13931 PEBTTOAPOINTOFCURVATURM THENCE 33.07PHST ALONG SAM CUBVBTMOMIO70.TAB1 MHrHAVI NOACRNTRALANOWOttS2'3503',A RADIUS OF 60.00 FEET AND ACHORD WH�HBBABS 8 57Y6'Q'W AMTANCB OF 53.1'FEET, MUMS S 8400449•W A DISTANCE OF 10.64 FEBTTO APODIT OF CUIIVATORa'17B IM 32-54 PUT ALOM AWCUMTUANMTOnMRt WHAVWGACBM&ANOLBOr2l9 l;ABADIU8OF 85O0PBRTANDAC RM VHICHHBARSNL4'9P43'W AMTANCB OF3234FBBT;THENCB N 73'S9 M W A DtSTANM OF 1834 PEBTTO APORfT OF Ca LVATURB;THBNCA 24A8FBBT AL OM SAID CUAVB TUMlN i TO THBLBFt HAVING ACSNTRAL ANCIL.S OF IS'3911',A RADIUS CHt 90.00 FBBTANDACt9ORDWIDCABB UNSI'472S"W AIDSTANCB OP 24.41 FS n TM4CBN89'3901'WA DISTANCE OF 147.94PEBT;TIM=N00'MW BAIBSTANCBOF 2WMF8BI;TMRM S m'35Vr BA ISSTANCB OF 14794FBBTTOAPaNT OF.CMVATURB,;TMCB 7991 PEETALONQ SAID CURVE TU KNMTOTM HAVI NQA CENMALAMMOP 15635'11:ARADIUS OF ISO FEBTAND A CHORD WREHO ABS S 81'4713'B ADtBTANCB OF 19.83 PMP,TICS 73'59'30'B ADISTANCB OF i 28,54 FEET TO APOtNT OF cammam mom 24.88 PwrALONo SAID amE TT]BNm TO THB 1APTHAVDIGACMUIIAL,ANOi8OF2N55'S1;ARAU UBOFW.00PEBTANDACHORDWHIGHBEARS S 84'!743"BADISTANCBOP2473 PWP THR4MN84' #IrB ADISTANCBOF IBM PBBTTO APOMT i OttCURVATURE;IBM=36.71FEBTALONG LAM CEMMT IMN0T07MLBFTHAV340A CMCMALANMOP;1'3503',ABADtt18 OF 40.00F3BTAND ACHRD WAiC$BBM N 57'46'48'8 A DISTANCEOF 33A4P=r,T DMN31'19'16"BADIBTANCROP6791FBBT:T1 MOMN29 OMr WA DISTANCE Ott 2533 PERT;TMMNOS'4931"BADISTANC S OF S4A1 FBBTTO A PaNr CN IHB- SMnUMLYRMRT43F-WAY.OF II4T93 WAT$Na 1 70.THE ALONO SAID SOUTEIMLY 1<i(BIl'-0P- WAY THE FOLLOWM0(2)COURSE& . 1) S 89'16'15"B AMANCB OF 19.19FBBT; 2) N 65'44'14'BAMrANCB Ott 33.28 PlMTTO THB POINTgEmappam SAID PARC L CONTAMIIdd MACRE8 MORE OR LESS. THB ABOVE DESCRIEND EASMONT BASIS OF BBARINC}1STHEUM CONNt MINGNOS,STATIONS "S MADMJr AND%4M Ai7RB4",WMCKDRARS 8 75'16'36"BUSIDO COLORADO C MMAL ZONE MAW STATSPLANB COORDI NATEB MOBS WrM A SCMFACTOROP 1.00041186. THEBOUNDARY SHOWNFORVAIL VIII. MELEVENTHPUJNCIHAS ' L=OF(-00'43'OB"1 FROM PLATTED BBAROM BRENTINGOSPL&NMXMI PREPARED POHAND ON RHAU OFPEASLAND i P:V800.189911808Woa1R1-lo�l�ibie A1�ipelineI�ldoa 4 t r W Q 1� tom` J �� e�r► �� Ilk �CAr 2 W � �► I ` ,�` ;3 l3 t� �I. i y�rs g, 2f s IWA ia YI 1 V 1 0+� 02 `r- ° -�.•,. a i EXE33IT'WELT.Qn)ACCESS EASEMENT APARCEL OF LAND LOCA'i M INTM SOUTHHAW OF TIM SOUTHL43TQUA8MOF SBCTM3, TOVMW S BOOTH;RANGE 80 WEST OFM8)aCTT[PBII4112ALMERIDIAN,COUNTY OFBAGM 8TAT8 OF COL.ORADO,LIM WfnM APABCEL OF LAND DESCRIBED IN BOOK 391 ATPAGE 518 AND TRACT P,VAIL M AGE BLBVENTHPRIM ACCORDING 70 THE PLATRBCORDED JMY26, 1971 ATRECEPTONI No.119116.TOW OF VAIL.LAME COUNTY.STATE OF COLORADO DEW MORE PAR?jx%ARLY DB8(I8D AS FOLLOWS: MM&MATTWHORIMMOORNEROF LAM TRACTF,TIMNCS S 13'OIW BADISTANCEOF 3#42FE8Z TWICE 8 31979'16•WAMTANCB OF 139J PITTOA POINT OF CUIMATUR%T8RNM SS.07Pi'TALONOSAIDWOBTUMI NOTOTIAlG1IT HAVING ACRZ MALANGLBOF52'3M,A RAI]1[18OF 60A MTANDACBM WHMBEA1t8 S 5746W W AMTANCSOFS3.ISPE",, THOM 8 84%4119"W ADISTANCE OF 10.641=TO APOINT OF C133MATURI;TAIRME 3$S4 FEET ALONG LA>DCURVBTURNI G70TBBRIGIITHAVI40A CMITRALANOLBOF210SS'M1',ARADIDS OF SSBOFEBTANDAC1811DWBILSBEABIBNiw." rWADISI'AN+CBOIF3234P=P.Ti1CSN 73059'30"WAD®TAN48OF28 x=TTOAPMTOFCUAVATURB;TiBBNCB24A =rMT ONNGLAID CURVE TURNING TO TEHLEFTHAVINGAtEIMALANGLBOF 1r3591;ARADIIH OPSM FEET ANDACHOW DWIBEARSN81.47'13"WAMTANCBOF24.41PESr,7H 4MN89'&MI"WA DWAN M Cr 147.94PIW,,TlMNCZXWwMW BADISTANCE OF XMFEBT;TINCB S 89'35'01"B A DIBTAMM OF 14734 FEET TOA POW OF CURVATUR$TTIBNCE 29MI=ALONGSAM CURVE TURNINGTO TBB RRIHAVMAtENTALANGI.B OIF 1x33'11.ARAURM O[F 110ADPBST AND A CHORDWIIIERMS81'4 WBADWANCBOF2923Fit;THLNCS87309WBADLBTANCBOF 2L$4FEETTo APOIdTOF CURVATURE;TAB 24.88I=ALONG SAID CURVETUIO TO TZBB LBFTAAVMAtM91MANMZOF21°55'51;ARAMUSOF65A0 PENT AMACHMVMCH8$ U 8 84°57'4r 19 ADWANCB OF24.73MW,IMM N 84°0419"BADISTANCE OF 1064PEETTOAPOW OF CURVATURE;Tm=3671 p=r ALmSAm CUAVB TLWM4G 70 7 M LBFTHAVDBA CENTRAL ANOLB OF S2'33W.AlRM M OF 40600PIET AND ACHORD WHICKBSARS N 3746W B A DIRTANCBOF 3u4PEBT;TIBT;NCB N31'19'16"BADISTANCBOF6792 FEBT;T N29'OT'S3"WA MUANCECp25.33FIT,TIMNCBN08M43'S1'BADISTANMCIF 54.41 FIMTTOAPOWT ONITRB SO4=MYR1G =*.WAY OF DnUgr=W l-M TIMM ALOM SAID SDUn=tLYMMT-M WAYMBPOLLOMMO)COURM 1) S 89WW3ADMTANCB(F 19.19FBBl; 2) N 65'44'14"B ADLSTANOE OF 33.2SPEET TOTTER SAID PARCEL CONTAINING 0.260 ACRES MORS CI LESS. TIM ABOVE13ESCRIMEDEASPMUBASIS OAF BBARI G B THB LINE CONNBCDNGNGS STATTONIS 9MMRAWUr A14D"MMMWl 4", BLOBS 7r 16'3603 LIM COLORADO CENTRAL MNE STATE PLANE COORDM TES(WQ 83WITHASCALSFACTOAOL+1.A0041186. TIM BOUNDARY SHOWN FOR VAIL VA LAW . FAING HAS ROTATION OF(-00'43'03w) IFROMPLATTRO BBAR1lM 27 BRiGPTBIG(M PLSNi%27598 PRBPARBDPORAND ONIMMMY(W IBC P:11840-18991180`WoadR11a8tU1'8�16IES1�cixaLaBAl.dao y � •,, i �„ SIN .yam�fI ' � ' • r oft t �j '�+ / ZW A 1 i tin 3 < 4 1 in 1� 4 CA-° 'a i i WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor"), its successors and assigns, to the EAGLE RIVER WATER& SANITATION DISTRICT,a political subdivision of the State of Colorado within the County of Eagle(hereinafter referred to as "District"). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation, treatment plant facilities, well house buildings,valve works,meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBIT - RELOCATED WELL (R1) EASEMENT, EXHIBIT - RELOCATED WELL (RI) PIPELINE EASEMENT, and EXHIBIT - RELOCATED WELL(RI) ACCESS EASEMENT consisting of 6 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house, and non-exclusive within the remainder of the Easement; provided, however, that (1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over the non-exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the non-exclusive portion of this Easement where the water pipe and transmission lines are located or where the District may need to re- drill and/or relocate the Relocated Well (R1) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re-drill and/or relocate the Relocated Well (R1); (3) the District must consent to any overlapping easements and such easements cannot hinder the water related purposes of this Easement; and (4)to the extent any feature of the Vail golf course presently overlaps the non-exclusive portion of this Easement, or if any such overlapping feature is added or constructed by Grantor in the future, Grantor shall be solely responsible to remove and/or restore such feature should removal or destruction of the feature,in whole or in part,be required in order for the District to exercise the Easement herein granted. The District shall notify Grantor of any construction to occur in the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of 60601 any future well house buildings or other structures, which suggestions will be considered by the District in good faith but not be binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. _ Following the completion of the purpose of any entry by the District upon this Easement for any of the aforesaid facilities, the District shall restore the. premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed shall be replaced with a 10-15 foot nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Stan Zemler Town Manager STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of 2013,by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public ACCEPTED by the Eagle River Water&Sanitation District this day of 2013,by Linn Brooks, General Manager. EAGLE RIVER WATER& SANITATION DISTRICT By: Linn Brooks General Manager i E=BYT-RELOCATED WELL(Rl)EASEMENT A PARCEL OF LAPD LOCATED IN THE SOUTH HALF OF THE SOUTFIBAST QUARTER OF SBCITON 3, TOIVNSEID S SOU M RANGE SO WBBT OF THE SDM PRRWAL b=ML4IN,COLM'Y OP EMRA STATE OF COLORADO,LYING WIT M APARCEL OF LANDDBSCRIBED IN BOOK 391 AT PAGE 528, BENG MORE PARTTCUTARYDESCRIDBD AS FOLLOWS: =22M WHENCE,ME NORTHWEST CORNER OF TRACT F.VAIL VILLAGE ELEVENTH PKM ACCORDING TO THE PLAT RECORDED JULY 16,1971 AT REMMON No.1MO.DOWN OF VAR,BAO1.8 COUNTY,STATE OF COLMADO BLARE N 62°11'17"2AINSTANCE OF 273.22PEET THENCE 8 21054'00"2A DISTANCE,OF 2730 FEET;THENCE N 8993501"W ADISTANCE OFSA7 FBB1; THENCE 9 86°16'31"W AMSTANCEOP 22.18 FEBTTOAPOI NT OF CURVATURE;THENCE 77A FEET ALONG SAID CURVE TURNINO TO TITS LEFT HAVINGA CENTRAL ANMZ'OF 34013'44",ARADWS OF 130.00 PEET AMA CHORD WHIMBBARS 8 69'0 W W AINSTANCS OF 7631 FEET TO APOI NT OF REVERSE CURVATMI;TTMNCB 48.06PMTALONG SAID REVERSECURVE T11RM0 TOTIMR1091' HAVING ACENTRALANGLE OF 146O7'151,ARADRIS OF 195.00 PEETAMA CHORD WHICHBEARS S 55037 45'W ADISTANCB OF 47.94 FEET;TFEM N23*M2r W ADIBTANCBOF 76.84 PSM THMMN 66°39'33"B ADISTANCB OF Ml FEBTTOAPOMP OF CURVATURE;TlENCZ$7.74 FEET ALONG SAID Cx)RVB TUMM TO THE RIGHT HAVM A CENTRAL ANGLE OF SS'08W.A RADWS OF 60:00 FSST AND ACHORD WHICHBBARS S 85M6'I2"3ADISTANCE,OF 35.54PEETTO POLNTOF RBVBRW CURVAUME;IHBNCB26.15 FEBTALONG SAID REVERSE CURVE TURNING 70 nM LBFTBAVIlNGA CENTRAL ANGLE OP 334011",ARADIUS OF 4200 FEBTAND ACHORD WHOCHBSARS 3 76001'59" BADISTANCE OF 25.73 FEET TOAPONT OF REVERSECURVAUMB;TH19 B14.13 FEETALM40 SAID REVERSE CURVE TMMNG TO TIHI RIGHT BAVI NGACENTILALANOL S OF 23°OY50".ARAMS OF 60.00FSSTAND A CIiORD WEICKBEARS 8 82.09'00"BADISTANCB OF 23.97 FEET TO THEIBUSPMM SAID PARCEL CONTAINING 0.194 ACRES MORE OR LESS. THE ABOVE DESCRIBED BASBM WBASIS OF BBARM IS THE LINE COMICTIING NOS STAT IONS "SFRAM E"AND"MCT.l1UJtD,WHICII BEARS S 75016'3r B USING COLORADO CENTRAL ZONE (HARM STATE PLANS COORDINATES(RQ 83 WITH ASCALE FAMOROF 1.00041186. THE BOUNDARY SHOWN FOR VAIL VILLAGE BLBVMaH PILING HAS ROTA71ON OF(-00"43'03-) FROM PLATTED REARINGS. AA� . T • 27 Poo BRENT MOM PLS Na 17598 PREPARED FOR AND ON BEHALF OF PEAK TANf3,IIJC P 11800.1VAISOSWmWJ-IegN,1Bx1MWVGC:Wdi-Le8pl w I a m /4.141 �,.. � `' d� N \'Ire V.2,bo Z Z 1 a A '� 1 EXHIUIT-RELOCATED WELL(Rl)PIPELINE EASEMENT A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTEKOF SBCTION 3, 70WNBIEE 3 SOXM RANOB 80 WEST OF THE BDCIHPRI IICPAL UMMAN,COIINrY OF EMLB► STATE OF COLORADO6 LYII40 WMMFAPARCEL OF LAND DEMM INBOOK391 ATPAGE 328 AND TRACT F.VAIL MAGEREVENIH FII.BIO,ACCORDING TO THB PLAT RECORDED IDLY 26, 1971 AT RBCBPT1ONNo.116816,TOWN OF VAII,BAGLB COUNTY.STATE OF COI.ORADORMO MORE PARTICULARLY D BSCFMW AS FOLLOWS. MMMM AT THE NORTHWEST CORNER OF SAID TRACT F,THENCE S 13"01'06"B ADISTANCE OF 39.82 FIRM,THENCE 8 31x1.9'16"W A DISTANCE OF 139.51 FEBTT0 APODUOF CURVATURE;THENM $5.07 FERr ALONG SAM CURVE TURNING TO TIM RIMUHAVIiGACENTRAL ANMH OF 3'3°3503",A RADIUS OF 600 FEETANDA C3LO83D WHRMBEARS 8 37"46'4x"W A DISTANCE OF 33.15 FEET; TIMCE 8 84"04'19"W ADISTANCB OF 10.64-FEET TO APOBNT OF CURVATURE;1HNC832.34 FEET ALONG SAID CURVE T(MM TO THBFJMUHAVINOACMMAL ANOLB OF 21"SSSI",ARADIUS OF WAO FEET AND A CHORD WHICH BEARS N 84.5743"W A DIBTANCEOF 3234 Mr,THENCE N 73959'50"WADIBTANCB OF 2L$4MrTOAPOINT OF CURVATUR%THENCE 24.48 Mr ALONG SAID CURVE TURNING TO THE LEFT SAVING AtENPRAL ANGLE OF 1583S1Y,A RADIUS OF$0.00FBBT AND A CHORD WHE BEARS N 81+4725"W ADIBTANCE OF 34AI Mr.THENCE NSM"I"WA DISTANCE OF 14794 PLE'1;THENCE N 00124'39"BA D18TANCEOF 20.00 FBBT;THENCE 8 89°35'01"BA DISTANCE OF 14794 FEET TO APOBNT OF CURVATURE;THENCE 29.92 FEET ALONG SAID CURVE UMNINO TOMBIDB'1'HAVDIO.ACM?MAL ANOLE OP 15"3511,ARADIUB OF 110.00 PEETAND A CHORD WHICH 58 81"4725"B ADISTANCE OF 29.83 PRIM,THBNCB 8 7349W BA DISTANCE OF 2854 FEET TO A POLNTOF CURVATURE;THENCE MA FEET ALONG SAM CURVE TURN NO TO THE LEFT HAVING A CBNMAL ANOLBOF 2193331".ARADIUS OF 63.00 FEET ANDA CHORD WHICH BEARS 3 84"3745'B ADWANCE OF 24.73 FEET.THENCE N84"04'19"B ADIBTANCE OF 10.64 FEET TO APOINT OF CURVATURB; TfB=36.71 FBBTALONOSAID CURVE TVRNINGTOTEELBPTHAVINGA CENTRAL ANGLBOF S2'3503",ARADIUS OF 40600 PE8'1'AMA CHORD WAICHBBAiRS N574648"BA DISTANCE OF 33A4 FBIM THENCE N 31"29'16"B ADISI'ANCE OF 6792 FEET;IHBNCBN WUS3"W A DISTANCE OF 23.35 FEMI7HENCBN 08"4551"B ADISTANCB OF 34AI MET TO APOINT ONTHB SOMMRLY RIGHT-OF-WAY OF IIN'IBRSTATB No.170;THENCE ALONG SAID SOUTHIRLY RMHT41L WAY THE FOILOWM(3)COURSES: 1) S M'2626"B ADISTANCB OF 19.19 FEET; 2) N 6744'14"BADISTANCB OF 3328 PER TO THB MM PCINT OF gZgn= SAID PARCEL CONTAINING 0.260 ACRES MOLLS ORLESS. THE ABOVBDMMMED BASBbGWBAS M OF BEARING I8 THE LINE CONNBCTTNG NOS STAMM "SPRAmw AND"ALCLAURIIr.WHICH BEARS 8 7S•.16'36"B USING COLORADO CENTRAL ZONE MAN"STATE PLANE COORDINATE$(MC)63 ME A SCALE FACTOR OF 1.00041186. THE,BOUNDARY SHOWN FOR VAiCVM ACIE=VENTH Fli.IIdG HAS ROTATION OF(00"43'OV) FROM PLATTED BBARBM T • 27 c BRBNT HOM PLSNo.27598 PREPARED FORAND ONBEHALF OF INC i I P 11800.189911808Wood1R1-la &R1 RelocOod PRpelinaIdpLdoc G t� N '% vA J FS wo CP Awn Olt t; in \ VA Y ; " `\ At.00N IJ Ole �, �� L E MBff-RELOCATED WELL(Rl)ACCESS EASEMENT A PARCML OF LAM LOCAM IN THS SOUTH HALE OF THE SOUTHEAST QUORUM OF SBCITON 3, MRIDA�COUNTY OF BACLBTOWNS�5 SOULILRANM 80 WET OF THE SDHPR*82AL STATE OF COLORADO,LYB30 W11ION APARCEL OF LANDS IN BOOY391 ATPAGE 523 Alm TRACT F,VAIL VILLAGEELEVENTHFLINQ,ACCORDLNQ TO THEM AT RBCORDBD JULY 21L 1971 AT RBCEPIMN Na 116816.-TO WN OF VARo EAGLE COUNTY,STATE OF COLORADO EEMO MORE PARMCMARLYDESCREW AS FOLLOWS: $SAT THS NORTHWEST CORNEA OF SAID TRAM.THBNCB S 13001W B A DISTANCE OF 39.32 FEMT;IHBIM S 31"39'16'-W ADLSTANCE OF 139.s1 FEET TO APOIldP OLD CUHVATURB;THBNCS 5597 PEBTALONG SAID CAIRVETURNING TO12MRMST HAVING ACBNPRAL AMLE OF Jr"030,A RADIUS OF 60.WMTANDA CHORD WIRCHREARS S"W43"W ADISTANC EOF 33.15FBST; TBM4CE S 84f04'19'W ADLSTANCE OF 10.64F88T TO APODff OFC MVATUIM* 32.54FEBT ALONG SAID CURVE TURN M TO THE RMTHAVING AC M TRAL ANGLE OF 2105SSP.ARAMM OF 55.00 PBETAND A CHORD WHICH BEARS N 8493743'WA DISTANCE OF 32.34 POP,lHlWCBN 73"39'50'W ADNSTANCB OF 28.S4FBBT TO APCMT OF CMVATURB;TASNC824 4S MUALONG SAID CUILVBTUBNINGM THE LE"HAVI NO ACBNTRALANGLEOF 15"35'11".ARADWSOF90600PERT AND AC HORD WlUMBBARSN 81 9472P WADISTANCB OF 24.41 FEET 9lN MWS9'3901"WA DISTANCE OL►147,94FBBT;TMWCSN00"ZRs9"BADISTANCE OF 20.00 Par IHBHCB S 89'33'01'B A DXrANCBOF 147.94PUrTO APOINT OF CURVATUBB;THM4M29.92FOrALONGSAID CURVE- TURNINOIO TEX RICA'HAVIIdG A(2ar1TM ANGLE OF ISWI '.ARADWS OF 110.00 FB1I'PAND A CHORD WHICHBBARS S 3104723"E ADMIANCB OF 29.83 PBBT THENCE 8 73°69'60"BA DMANCE OF 28.54 FBETTO APOWrOFCUAVATURB;MNCB 24.86FEETALONG SAID C METURNINGTO THE LSFT HAVING A CENTRAL OF 21'5851",A RADIUS OF 63.00 PUT AND A(2L W WLRIBEARS S 84W4r 3ADISTANCE OF 24.73 POP,THBNCEN84'04'19"BADWANCE,OF 100 I=TO APOLNr OF CORVATUR8;THBNCB 36.71 FEET ALONG SAID CURVE'IURNING TO TAE LEFT H0330 A CENTRAL AN=0F 52"3M",ARADRMOF 400 PWT AND ACHORD WHTCH SEARS NSr4V48"BA DISTANCE OF3SA4POP,TBENCEN 31'29'16"BADLSTANC3;OF6792FMM%,THSHMN29'0MNWA DISTAtIDBOF2s.35 FEET;THBNCEN 03'4851"B ADISTANCBOF%At FEET TO APOII4T ON THE SO1 rAIRLYIR' MOILWAY OF RIMSPATENo.1-70;THBNCB ALONG SAID SOUMIRLY RIGWWOF= WAYTBB FOLLOWINGMCOURSBB: 1) S89"2 W"B ADISTANCE OF 1919FEBP. 2) N65WI4"BADISTANC B OF 33.28FMTOTHB SAID PARCELCONTAII4a3Q0.260 ACRES UMORLBBS, TAB ABOVE DBBCRUD BASEMENT BASIS OF BEARING I3 THE I=CONNSCTI NGNOS STATIONS "WRADDUr AND OMMAURDr.WIMCH HEARS 8 75"16'36"B USINO COLORADO CMMAL ZONE (HARK)STATE PLANS COORDINATES(SPCA 83 VMH A SCALE FACTOR OF 1.00041185. THE BOUNDARY SHOWN FOILVAIL VII, PnJNGHAS ROTA71ON OF(4W 43'037) PROMPLATIBD BBARDM' 275 1 M—W BI MMJ No.27598 ..•• PRBPARBDFORAND ONBEKALF OF A1VT3,INC P.A1800.189q►18081dacAM4epp1s18x jit-A1 Rdoon d Aao wLapl.doc • r �rn �� r .i`t gg r f � M •. ``mss ra N «HIV get . 2 r y� A ON r �a 4 4r ,✓ � WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor"), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District"). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decree water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation, treatment plant facilities, well house buildings, valve works, meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under and across the following described premise, situate in the County of Eagle, State of Colorado: See EXHIBIT-WELL (R2/R6)EASEMENT and EXHIBIT-WELL (R2/R6) AND ACCESS EASEMENT consisting of 4 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house, and non-exclusive within the remainder of this Easement; provided, however, that (1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over the non-exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the non-exclusive portion of this Easement where the water pipe and transmission lines are located or where the District may need to re- drill and/or relocate the Wells (R2/R6) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re-drill and/or relocate Wells (R2/R6); (3) District must consent to any overlapping easements cannot hinder the water related purposes of this Easement; and (4) to the extent any feature of the Vail golf course presently overlaps the non-exclusive portion of this Easement, or if any such overlapping feature is added or constructed by Grantor in the future, Grantor shall be solely responsible to remove and/or restore such feature should removal or destruction of the feature, in whole or in part, be required in order for the District to exercise the Easement herein granted. The District shall notify Grantor of any construction to occur in the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of any future well house buildings or other structures, which suggestions will be considered by the District in good faith but not be binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. Following the completion of the purpose of any entry by the District upon this Easement. for any of the aforesaid facilities, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed by the District in connection with any future facilities on this Easement shall be replaced with a 10-15 foot nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Stan Zemler Town Manager STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of 2013,by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public ACCEPTED by the Eagle River Water & Sanitation District this day of 2013,by Linn Brooks,General Manager. EAGLE RIVER WATER &SANITATION DISTRICT By: Linn Brooks General Manager i i ZXMW-V=(R2/20 ZASENM APARCEL OF LAND LOCATED W 1918 SOWN EAST QUART]ROFTHB SOM VVIW QUARTSROF SSOT[ON 3,TOWN81V 3 SOUL$RANGE 10 WEST OF THE SDaR PID"AL AMMIAX,COUNTY OF VIAGIA STATE OF 526.BElNGG W.RS PAR33MV ARYL LTM DESCR1911a AS LLOWS:• LAM DHSG'R11�IIdB00[397 AT PAS ATAPOW WHINCE THE TPEEM THE SOUTR QUARTER OF SHCTION 3 BEARS S 26WS49 8ADISTANCB OF 777.85 PBBT;TAINMN 14433'19"W ADISTANCE OF lftft 710NM X"@24'41"EADISTANCB OF 103.36 PiT`,710NCENOT14W W ADISTANCE OF 12435 FEETM(M OR LESS TO APOWIT ON THE SURLY RIGHT Of WAY OF nrTERSTATE Na 7%Mg24CE ALONG • SAID SOUlT36RI.YBRTRT43lMAY1TlE FOLIAWM(2)TWO COURS88; 1) N 42.45OI"BAIRSTANCB OF 90.00PB8T; 2) N 74.13W SAMTAIM OF 913OPEBT;THENl35DBPARTM SAID SOUI'ZmLY RJORTAI-WAY TER FOLLOWING(2)TWO COURM; 1) S 14'3519-BADISTANCBOF 9S.16FEBT, 2) 8 46'31' 6'W A=rANCB OF 342.66 FBBTTO THE SAD PARCH[.CONiTA11+M 0.963 ACUS WRB OH LESS. TAB ABOVE DESCR113BD BASB168NTBAMB OF DEARING IS THE 12M CON NBCTlN0 NOS STATIONS "SPRADOLr AND"MCLAUtW.WH=BEARS 8 75'16'36"B USING COLORADO CENTRAL ZONl8 (HARN)STATE PLANE COORDWIATBB(SPL7 8CA1.B FACTOR OF 1.00041146. 27 BRENT BIOGS PLO No.2"96 P1tiWARED FORAM ON EIMMY OFPEAKLANID CONSULTANPB.INC: P�1400.189911406{doaI1R2.86I.epriE�i6i�RZR5Le4al.doe j a n O S9� g r � o �j w� OR l 70-- , a Y` �'Na was s � r 1 j 3 i 3 I WATER FACILITY EASEMENT i THIS EASEMENT dated this day of , 2013, is from The Town of Vail,a home rule municipality(hereinafter referred to as "Grantor"),its successors and assigns, to the EAGLE RIVER WATER&SANITATION DISTRICT,a political subdivision of the State of Colorado within the County of Eagle(hereinafter referred to as "District"). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation,treatment plant facilities, well house buildings,valve works,meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBIT - WELL (R5) AND WELLHOUSE EASEMENT and EXHIBIT - WELL (R5) AND WELLHOUSE ACCESS EASEMENT consisting of 8 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house,and non- exclusive within the remainder of the Easement;provided,however,that(1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over the non- exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the non-exclusive portion of this Easement where the water pipe and transmission lines are located or where the District may need to re-drill and/or relocate Well (R5) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re-drill and/or relocate Well (R5); (3) the District must consent to any overlapping easements and such easements cannot hinder the water related purposes of this Easement; and (4) to the extent any feature of the Vail golf course presently overlaps the nonexclusive portion of this Easement herein, or if any such overlapping feature is added or constructed by Grantor in the future, Grantor shall be solely responsible to remove and/or restore such feature should removal or destruction of the feature, in whole or in part, be required in order for the District to exercise the Easement herein granted. The District shall notify Grantor of any construction to occur in the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of any future well house buildings or other structures,which suggestions will be considered by the District in good faith but not be 60601 binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. Following the completion of the purpose of any entry by the District upon this Easement for any of the aforesaid facilities, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed by the District in connection with any future facilities on this Easement shall be replaced with a 10-15 foot nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto,subject to the provisions hereof. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Stan Zemler Town Manager STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of 2013,by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. I My commission expires: (SEAL) Notary Public i ACCEPTED by the Eagle River Water & Sanitation District this day of ,2013,by Linn Brooks,General Manager. EAGLE RIVER WATER &SANITATION DISTRICT By: Linn Brooks General Manager EXHIBIT-WELL(LW AND WELLHOUSE EASEMENT APARCEL OFLAND LOCATED LNTTHENORTHWEST QUARTER OF SECTION 10,TOWNSHIP SSOUTHI, RANGE 80 WESTO3FTHE WMPRIINICPALBMEUK COUN C)P RAMA STATEOF COLORADO, LYING W NINAPARCE,OF LAND DESCRIBED INSOOK S97ATPAUE 528 AND INTRACTA,VALL VALLEY FOURTIIPA.INGA000RDLNG TO TIM PLAT RECORDED NOVEMER6,1979AT RECEPTION No 190M.TOWN OF VAR,COUNIY OF EAGLE,STATE OF COLORADO UORE PARTICULARLY DBSCRID8D AS POL.LOWS: E$GORMQAT APOW WHEN TER SOZTTBEIAST CORNBROF THE NORTH HAIR OF THE NORTH HALF 88C1M9BBARS327-24130"WADLSTANCBOF1290.64FE81; TIMCBN73°3121"BADISTANCBOF 259.58 P=r,'THENCE S S."1131"EA DISTANCE OF 67.D FEE;THENCE 8 TP17"05"B ADISTANCB OF 96.81 FERTTOAPOWT OF CURVATURM TH ENCE 77.83 FBBT AI.OLNG SAID CURVETURNI NGTO THE RIGTTTIHAVRNG A CENTRAL ANGLE OF 2201748s,A RADIUS OF 200.00 PEETAND A CHORD WHICH. BEARS S 07°46'25"W ADISTANCE(IF 77.34 FRIM,THENCE,S dV27$5"W A DISTANCB OF 303.98 FEET TO POINT OF CURVATURE;THEM 213.92 FEET ALONG SAID CURVE TU KM*M TIE RIGHT HAVING A CENTRAL ANGLE OF 6195122",ARADIUS OF 200.00 FEBT AND A CHORD WHICH BEARS N 31 013'47•W A DISTANCE OF 209.38 PEST.TO THE SAID PARC 1L CONTAINING 1A19 ACRES MURBORLESL THE ABOVE DESCRIBED BASMW BASIS OF DEARI NG 18 THE LINE CONb 'TWNGNGS STATIONS "WRADDIE"AND"MCL.AURIN",WHOCK BEARS S 75'16'36"E USM COLORADO CENTRAL.TANG (AARN)STATBPLANB COORDINA738(8PQ 83 WT1HA SCALE FACTOR OF 1.00041186. TIM BOUNDARY SHOWN FOR VAIL VALLEY FOURTH FILING AAS AROTATION OF(-00°36'3F)FROM PLATTED BEARINGS. BRBNTBIGGS PIS No.27398 PRBPARIID FORAND ON BEHALF OF PEAKLAND COIN8UA.TANTS,WC i i P:11800.1899118081doo�1R3 LaBaltlByt>sibit.RS-W i 3 :rt 3� S r t r lop co DOE lit Q re P Nl .» .t r cc 3 11 �� ,., ,�+ � 8 111•N 11 �+N 1 Cobb a � 49A 'St'g 11 II r Ennff-WELL(R5)AND WELLHOUSE ACCESS EASEMENT A ISADFOOT WIDEACCE93 EASBIYI>$VT LYING 7.S PERT ON EME R.SIDE OF THE FOLLOWING DESCRiBED CENTBRLINS,LOCATED IN THE NORTH HALF OF SECTION AND 7TIENORTHWEST QUARTER,OF THE NORTHWEST QUARTER OF SECTION 10,TOWNSHIP 3 BOM RANGE 80 WEST OF THE SIICIHPRIN0IMAL IMIDIAN.COUNTY OF EAMA STATE OF COLORADO;LYINO WMIIN A PARCHL OF LANDDB KRMM INDWK 376ATPA(IB 985. THE BIDES OF SAID BASEMBNT LENGTHENS AND SHORTENS AT 1T'8 BOUNDARIES,SAID CBNTBRLINEBEING MOREPARTICULARLY DBA8 FOLLOWS: BBGINNINGATAPOINTAL0NOTHBNOBTHERLY]UGHT-0P WAY OF SUNBURST DRIVE WHENCE THE SOUTHEAST CORNER OF THBNORTH HALF OF THE NORTH HALF SECTION 9 BEARS 867"33'40"BA DISTANCE OF 1 193.74 F=n THMCE 883 V17"EA DISTANCE OF 88.19 FEET TO APOINT OF CURVATURE;TT NCB 43.58 FEET ALONG LAID CURVE TiIRNING TO THE LEFTHAVINGACENTRAL. ANGLE OF 3Sn9W%A RADIUS OF 45.WPEST AND A CHORD WMM BEARS N68n2'00"BADISTANCE OF 41.90 FEET;THENCEN40'3716r BADISTANCE OF CL30FEBTTO APOW OF CURVATURE;THENCE 30.33 FEETALANO SAID CURVE TURNINGTO THE LEFT HAVINGA CENMAL ANGLE OF 26"19'08",A RADIUS OF 110.00 PEET AND A CUM WHRMBEARS N 27OV42"BADISTANCB OF 3009 FEET; TBENCB N 14018'08"BADISTANCE OF 18.74 PEET TO APOINT OF CURVATURE;TBE NCE 121AS PEST ALONG SAID CURVE TURNING TO THE RIGHT HAVWGA CENTRAL ANGLE OF 39°3735.ARADIUS OF 175.00 FBSTAND A CHORD WHRHiBEARS N34'0W BA DISTAL OF IIL65 F=r,TTI Wa N 33"3603"B A D18TANCBOF 96.01 PEET TO APOINT OF CURVATURE;TAIL 61.73 PEET ALONG SAID CURVE TURNING TO THE LEFTHAVINGA CENTRAL AMU OF 32"09'03".ARADNB OF 110.00 FEET AND ACfiORD WIRCHBEARS N 37°51'31"BA DISTANCE OF 60.92 FBBT;THENCE N 21 047'00"E A DISTANCE OF 54.84 FEET TO APOINT OF CURVATURE THBN(Z 30.40FBETALONG SAID CURVE TURNINOTO THE RIGHT HAYM A CENTRAL ANGLE OF 17630'10",ARADNSOF 163.00 FEET AMA CHORD WHICBBEARS N 30'32'03'B ADISTANCE OF 30.21 FEET;THMM N MP 1710"E A DISTANCE OF 42.42 FEET TOAPOW OF CURVATURE;THENCE 78.22 PUT ALONG SAID CURVE TURNING To THE RIGHT HAVNGA CENTRAL ANGLE OF 29°5214".A RADRS OF 150.00 PEET AND ACHORD HORD WHICH BEARS N 5401372"EA DISTANCE OF 7734 PEET.'THENCEN 69°09'54"EADISTANCE OF 66.13 PERM APOINT OP CURVATURE;THSNCB 63.43 PI ET ALONG SAID CURVE 7URUM TO THE LEFT HAVING A CENTRAL ANGLE OI►19'38'4A,ARADWS OF IEMPEETAND A CIBM WH EHBEARSN 59°20'31"EA DISTANCE OF 63.12FEET TOAPOINT OF RRIMSE CURVATURE THENCE 85.97 PERT ALONG LAID REVERSE CURVE TURNINOTO THE RIGHT HAVING ACENTRAL ANOLEOF 3T33'18",ARADIUS OF 130.00 FEETAND ACHORD WINCHBEARS N W27W 3 ADISTANCE OF 84.41 FEET;THE= N 87n42V B ADWANCE OP 54.36FEETTOAPCIDITOF CURVATURE;THENG'82734FEETALONO LAID cum TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 8"00"16".ARADIUS OF 200.00 FEET ANDACHORD WHIC KBEARSN 83°24'18"B ADISTANCE OF 27.92 FEEL,T ENMN 79°24'10"EA DISTANCE OF 92.37 PEET TO A POINT OF CURVATURE THMM 73.78 FEETALONO SAID CURVE TURNINGTO THE LEFTHAVING ACE CIRAL ANGLE OF 211108'11",A RADIUS OF 200AD FEET AND A j CHORD WHICH BEARS N 68'SOVS"B ADISTANCE OF 73.36 FEET,TTENCEN 59 W13"E ADLSTANCE OF 63.86PEETTOAP0l TTOFCUAVATUR$TH6NCB 109.1OFEETALANO SAM CURVE MR41KOTOTHE LEFT HAVINGA CENTRAL ANGLE OF 35 043'16",ARADIUL OF 175.00 PEST AND ACHORD WHICH BEARS 1441*3735"BA DISTANCE OF 107.33 FEET;THENCE N 23'4557"EADISTANCE OF 110.28 FEET TO APOINT OF CURVATURE,;THENCE 10.11 PEET ALONG SAID CURVE TURNIIQGTO THE LEFT HAVNNGACMTIRAL AN(R.B OF 23'10'18".ARAMIS OF 25.00 FBETAND A CHORD WHICHBEARS N lrIO 18"BADISTANCB OF 10.04 PBBT;TM4MN 00"35'39"EADLBTANC EC)F30.14 FBETTO APOINT OF CURVATUIM THE NCS 30.82 PERTAIANG SAID CURVE MANING TO THE,RIGHT HAVING A CENTRAL AN(R.E OF 70'3875",ARADWS OF 25.00 PEST AND ACHORD WH[Qi BEARS N PS4'51"B A DISTANCBOF 2831 PUT',TTHINCEN 71°14"08"B ADILTANCE OF 43.49 PESTTO A POINT OF CURVATURI;THENCE,123.89 POT ALONG SAID CURVE TURNING TO THE,RIGHT HAVING A CENTRAL ANGLE OF 23"48'42".A RADIUS OF 275.00 FEET AND A CHORD WHICH BEARS N 9400824"R A DISTANCE OF 122.84FEET;THENCE 8 82837'15'BADISTANCB OF 11930PEET;THENCEN 87°4547"EA DISTANCE OF 89.10 FEET TO APOINT OF CURVATURE;THENCE 140.11 FEETALONG SAID CURVE 17I DWO TO THERIG TTHAVINGA CENTRAL ANGLE OF 35'40'48",A RADIUS OF 223.00 PEST AND A CHORD WE=HEARS 8 7423'49"E ADISTANCE OF 137.86 FBBT;THENCE 8 56°33'25"E ADISTANCE OF 38.34 PERT TOAPOINT OF C URVATURB;TIENL',F 42.07 PEET ALONG SAID CURVE TumawTO THS LEFTHAVINGACBNTRAL ANGLE OF 17'13'03".ARADWS OF 140.00 FEET AND AC[IORD WHICH BEARS S 6rW57"EA DISTANCE OF 41.91 PEEM,TTI M 8 73 04678"BADIBTANCEOF 14A8 PEST TO A POWr OF CURVATURE TTSSNCB 33.38 FBETALC M SAID CURVE TLWMO TO TS PSW HAVING A CENTRAL ANCR.E CIF 1401332".A RADIUS OF 215.00 FEET AND A CHORD WHICH BBAR8 S 66'39'42"EA DISTANCE OF S324PEET; P:umi89g118081domew La do* 7 TF>BNCS 8 69'32'!6"EADISTANCB OFSS.98 PEBTTO A POINrOF CURVAU*%TMENCE 57.71 FE03'1' ALONG SAID CURVETS IMOTO Tl MORT HAVMACE lnMALAME OF 110011180,ARADIUS OF 300`00 PEET AND A CHORD MUCKBBARS 8 34'02'17"E A DISTANCE OF 37A2 PEEP.TBM4CB 8 4MISV BADISTANM OF 47.61 PBBT70 SAID PARCEL CONTADUNG OA43 ACRW MORE ORLE8L TEE;ABOVEDBBCR=BABBMI C BAMOFBBUWGI8THBL=CONNBCTINQNOOSTATIONS -KMADDIZ-AND-MMAU r.WEEMBBARS 8 7A IV 36•B USDID COLORADO CM?MAL ZONE OMM STAIR PLANE t OMMATEB MQ 83 WnEA SCALB FACTOR OF 1A0041186. THE BOUNDARY MMWN FOR VAIL VALLEY TMW AND FOURTH F1LM HAS ARATA7M OF (-00.36'39")PROM PLATTED BEARIIKOL • 27 BRBNT MOM PLO No.27598 PREPAREDFORAM ONBBHALF OFPEAK rANTa DIC P:I1800.1899U808WocAR3 L"aUlBxhtbl�RS-AaoLe�idoe S F w J p we► O tII u iy, 9 r h to z ' F zo two C4 1�g r- lit Y g� j yolow" s i 1 . --�'� ', C7 t j � 'J• O to � �i l g > v 3 Y a1 Wnffil Mot t ' Y 'r IA io yth I , •a a * ca > � in N 1 ul q� 4 a j} iry {b l i 0 IVA a J I I w ! y _,,t1 t t WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor"), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle (hereinafter referred to as "District"). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of pumping, treating, and distributing groundwater to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim, unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the groundwater well and all underground and surface appurtenances related thereto, including without limitation, treatment plant facilities, well house buildings, valve works, meter valves, lift stations, and manholes, together with any and all water pipe and transmission lines situate therein, and a perpetual easement for all necessary access for convenient ingress and egress thereto and therefrom, over, under and across the following described premises,situate in the County of Eagle, State of Colorado: See EXHIBIT-WELL(R7)EASEMENT consisting of 2 pages attached hereto and incorporated by reference. This Easement shall be exclusive within a 25 foot radius of the well and well house, and non-exclusive within the remainder of this Easement, provided, however, that (1) Grantor will at no time permit any building or other vertical construction to be hereafter constructed over said the non-exclusive portion of this Easement; (2) any feature of the Vail golf course that does not consist of a building or other structure can overlay the water pipe and transmission lines are located or where the District may need to re-drill and/or relocate Well (R7) as long as they do not unreasonably interfere with the District's water service obligations, including the ability to re-drill and/or relocate Well (R7); (3) Grantee must consent to any overlapping easements and such easements cannot hinder the water related purposes of this Easement; and (4) to the extent any feature of the Vail golf course presently overlaps the nonexclusive portion of this Easement, or if any such overlapping feature is added or constructed by Grantor in the future,Grantor shall be solely responsible to remove and/or restore such feature should removal or destruction of the feature, in whole or in part,be required in order for the District to exercise , the Easement herein granted. The District shall notify Grantor of any construction to occur in i the Easements. Grantor shall have a right to review and provide suggestions to any plans for construction of any future well house buildings or other structures, which suggestions will be 60601 I 7 { considered by the District in good faith but not be binding on the District; provided that such structures shall be comparable to the existing well house for Well R4. Following the completion of the purpose of any entry by the District upon this Easement for any of the aforesaid facilities, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the facilities for which the entry is made. Any mature trees that are removed by the District for any future facilities on this Easement shall be replaced with a 10-15 foot nursery stock tree at a location mutually agreed to by both parties. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that all provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Stan Zemler Town Manager t! STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of 2013,by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public t ACCEPTED by the Eagle River Water & Sanitation District this day of 2013,by Linn Brooks, General Manager. EAGLE RIVER WATER& SANITATION DISTRICT By: Linn Brooks General Manager s i • A EXM331T-WELL(R)EASEMENT i APARCE.OF LANDLOCATBD IN=ACT C,VAIL VNIAGE ZEVENTH PffJft ACCORDOJO TO 71M PLATS 7ULY26.1971 ATRB®PTION Na I W916`TOWN OF VAIL SAM COUNTY,STATE OF COLORADO DEMM0UPAMCULAW DBLCAIDBD AS POUDWB: FACORMAT TSB SOUTAWBST COMDR OF LOT-1,BLOCK 3.OF SAID VAIL VIE"M IL VEM P LIM 7HM4M 9 W4VW 2 ADWANCB OF 3434PE8T,TI3IMCE 8 34'0 W V A DWANCB OF M91 FSBT;TM4CB 869'46'20 WADWTANCB OF OL96PW47HMMN 200 MY W AMANC6OF65A PBBTTOAPOWON 788 NORTH LIMOF LAID TRACT C;VICE ALONG SAID TRACTC 798 POL A MOMTWOCO t) N 69'2T13"BADWANCE OF 187.81 FEET. 2) X36'19'43"BADMANCE OP 23.16FBBTMMM SAID PARCBL CONTAIl44O0XM ACRBB MORE ORL M THEABOVBDUM BAMENT BABES OF BBAMG 83 TIM LDM COMWrM NOS STATIONS °SPRADDUr AM @UCLAiJREr,WHICH REAM 8 73'IV 36"B USM COLORADO CMMAL ZONE U ARN)STATB PLANE COORMATBB(SM 83 W=ABCAL.BFACTOROF 100041186. ME BOUNDARY SHOW POR VAIL Vff"M BLBVBNIB PUMHAS ROTATION OF(4)V 43'03') FROMPLATTEDBEARII M BRBa1TBIO08 FLBNo,27398 PRBPAMED PORAND ONBBBALF OFP8A8 IIdC P:118 .1899118061rdoa1Fx1616t•1Yact GWill R7 Le�l.doo I r 15 v xul \ 4 Wo Z-'O /4 101ol lood e� oo �WZ :) jy AN 4S�iDti h z r r \ J C,4 r i t•awt°- . i WATER FACILITY EASEMENT THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality(hereinafter referred to as "Grantor"), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle(hereinafter referred to as"District"). For and in consideration of the sum of One Dollar($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and for the purpose of storing, and distributing water to enable the District to provide cost effective water service consistent with its decreed water rights, the Grantor does hereby grant, convey and quitclaim unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the ponds and pond diversion structures, and all underground and surface appurtenances related thereto, together with any and all water pipelines situate therein, and all necessary access for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBIT - POND DIVERSION EASEMENT, EXHIBIT - POND EASEMENT, and EXHIBIT - POND ACCESS EASEMENT consisting of 10 pages attached hereto and incorporated by reference. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that Grantor will at no time permit any easement or structure overlapping this Easement if it interferes with the District's water service obligations. Any change to the ponds on this Easement desired by the Grantor must be approved by the District, and such approval may be withheld by the District if such changes will require any change in the water rights for the ponds. Moreover, the cost of any changes to the ponds requested by the Grantor shall be paid for by the Grantor, including the cost of any changes of water rights. All provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. i 80802/2 IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Stan Zemler Town Manager f STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of 2013,by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) Notary Public ACCEPTED by the Eagle River Water & Sanitation District this day of 2013,by Linn Brooks, General Manager. EAGLE RIVER WATER&SANITATION DISTRICT By: Linn Brooks General Manager 60602/2 I EX}O31T-POND DIVERSION EASIENUM A 10.00 FOOT W1 EMBLE NPLOCAM IN M NO1 TIM&AST QUARTER.XMIM ST QUARTER OLD 86C170N 9,TOWNSW$SOU7$RRM SO WWCFTM SIXT11PMMPAL MERIDIAN,COUN1YOF BAOLB.ST43801PCOLQI<AD0. B4IDBAOMMTUMSPMrC)NEMURSDECF7=CMMRME MARE PA1TC[nARLYDMSaMMED AS FOLLOWS: faATAPOIIITWHINC Tl8NORTIMAST CORM OF TRAM B,VAIL VKJ AOB QA8MMS WRB00RDD t Bit11317; 17.196!ATRICKnU 1Nb.102711,TOWN OP VAN.,, BAM WMGY,STAaBOF COLORADO BEARS N37'34'13'WAD]STAMMOF94A613 M Mr. THDM CoNroMMALONOMM C814 ERMN24 011WHAEUMANCEOF115.70PMETTOnM SAID PARCEL CMADWO 0.087 ACRES MORE C&IM . IMAHOVSDB BAMMTBAMCFBBARM M MLM CONIllSCT WMS STAMM "BPRADt1B.B'AM'MaLALWW,WESCS BEARS S 73'16'36"B MG COLORADO CENTRAL ZMR (11 M ffM PL4XR CO0R=Al=(WQ M%=ASCM PACTOROP 1.00041186. ME BOUMMRY MOWNFOR,VAM VALLEY RMAROTATIODNOF(W W 351 PROM PLATTED BBAROM, ' 2T BR13NP B1M PLSN&27598 PRBMRBD PMAND CNESOMP OF PBAXLANDCOMMAM S.M I I 1 P:11800.119911 VaGDlveedon BYR+1-I.epldoa 1 1 o xa 8 m ko ul Id t 14* „ 1 Vs \ 1 Y � c7 i� s �� bMp�prl\61Y1 '� � 1 wlol',�rZ;d�t►rT✓��•bMrW Rq-�+°ww' } m , 3 i EXEMW-POND EASENU T RASSIMaguzmal APARCBLOF LAM LOCATED IN12M BOUlfl' IM QUARTER,SOU1HWBgf QUARTBROF SBCMN 3, NORYIFIBAST QUARIBR.NORMIRAST QUARM OF METION 9.AND T118NORTIMEW QUARTER,. MRMWM'QUARTBROF 93Cr=10;TOWNE P S SOITIILRANGB 80 WBSf OP T8B BDCJII pR=iCpALMqfflRAN.COMM CWZA"STASB OF CCOLORAADOLYING VMIDT APARCBLOFLAND DB INBOOIC 397AT'P"M MMMORE PARTICULARLYDBSCRDIBD AS FOR.TAWS: =RMATMWORTIFIRAIMCORMCIPM I%VAII.VALISY THW H=0 ACCOR=GTO =PLATRBCORDBD AIJQ Dff 30.1977 AT RBCEl1IONNo.133410,TOWN OF VA14 GAME WUNTY. STATB OFCOLORADO; 11;1OTC8N47"T0W WALONG T=NORTTIBRLYLIIM OF BAIDIAT 12A DISTANCEOF39.SDPBB .MM=U WARMM SAIDNOR7HLM7MPOU.OWDTO('33)'i0WY THBBB COURBBS: 1) N 054730"W ADISTANCB OP258.62PBBI; 2) N 23"45W B ADISTANCB OF 62.82FBBTTOA P(MT OF CURVATURE; 3) 7A5PBBTATANO SAID CURVE TURKWI TO THELBFTHAYBE ACBNTR&ANOLB OF 16WW,ARADRUB OF 25MFiTAND A CH=WHICSBEARSN IrlO4N BA ]STANCE OF7.03 PWP, 4) N00"3SID"B ADffiTANCB OP 30.14PBBTTO APCMT OF CURVATURE; 5) 40.07PBBTALONG SAID CURVEIZ1MNGlD 79B RIGHT HAVINGAORM AL ANOLB OP 70'3825".ARADIUB OP 32.50 PBBT AND A CHORD VMMBBARS N3PWS1"BAD88TANCBOF 37J8PBET; 6) N 71"14M-BADISTANCBOF 4&49MTTOAPOMT OP CURVATURE; 7) 127.27PBBPATATIQ SAM C[AtVS1T]lt1MTOTBR=THAVMAC.BNTM ANGLE OF 25%MV,ARADIUS OF 28230PBBT AND ACHORD WHICH BEARS N 54"08'24"9ADIBTANCS OF 12619 PBBT; 8) 8829713-BADWIANCBOF 118.69FBBT; 9) N8Y4S'4'/'19A.M fAMOF i8A MT TO AP=T OF C URYATURB; 10) 144,79PBBTAUlWSAIDCLIRVBTMMUTDTMRMRTHAVDIGAC2 3NTRAL ANC1<,B OP 35"4M,ARAB=OF 232MPW AND A CHORD WHME ARS S 74`2'3'44"BADIBTANCECW 142AGMr. 11) 8 01'3714"W ADRBTANC6 OP.50,49 PBBP. 14 S 84"DSIi"B AD18TANCB OP 172-37PBBP, i 13) S 78'44'31•B ADWANC E OF 2431 FEET; 14) S 13"1509"W ADISTANCB OF 10AD PB81; 15) N 76"44'51"W ADWANCB OF 23.87 FBBf; 16) N 54'0!'18"W ADISTANCE OF 174A4 FEW. 17) 828!30'17 W ADISTANCBOF 64A0PWr.. 18) 8 489729"W ADRSTANCB 01?35A6 FZM. 19) 87V3S50"W ADISTANC CW W.12PW, 20) N 84"16'19'WADWANCB OFft%PW, 21) S 27'4806"W ADISTANCB OF 82.95 FBBP. 22) S 4 3VW B ADIBTAHCB OF 41.64 PW. 23) 8834575"BADISTANC S OP 111.59FBBP. 24) N 73"0707'B ADNIANCEOF 12547 FEBT; 25) 58's'26 rBADIBTANCBOF 3239FBBT; 26) 825"3747"W ADWANCB OF 41.64FBBT; 27) 846'26+32'W ADRBTANCB OF 65.57 PBBT; 28) S 68'3833"W ADIBTANCB OF 30M PIET; 29) 849"ZS08"W ADISfANCB OP 5839PBB7, 30) 8 33"2293"W ADISTANCB OF INMPBS1; 31) S 68"04.14"W AI STATNC R OP 5798PEBf; 32) N 70'36]0"W ADISTANCB OF 9417 PBBP. 33) S 7992'56"W ADISTANCB OF 4834 PBBTTO APOW ON THBNORTB LM OF AN g%MFMPARMASDIMMI iD=307ATPAM 611;'A1 MN 47"2048"WALOML4ID NORTH LDIBAD18TANCW OF 183:44 PBBT TO TiH;PONT OF UNEGMEDRIMMM SAIDPARMCMAMM3.812 ACM MOM ORLM i i P:11800.189911 V(1CPmod-Le�.doa TlM ABOVE DESCR»ED BAMO NT BASIS OF BBARINGIS TIM LIIM COHNWUN0 Nab STATIONS "SPRADDLlr AND`MCLAURIIV" BBAR8 8 75016'36"B USR40 COLORADO CENTRAL ZONE (AARN)STATE PLANE COORDDfM 0WC)83 VrMA.SCALE PACTOROF 1.00041186. �7 r BRBNT BI00S PLS Ne.27398 PRBPARBD FOR AND ON BE AU OF PEAK LAND CONSULTANTS,INC P:11800.18991180$WocMonddlB MWVOC-Pand-Lqpl w i °i 1 Mj 9 Via fu 7,cti k 04f m l n A7 ' � of � � �•` h �' �J 2� +W rh qt b :. r m 1-i . C �s�•4 �,.�s��a fs�g� a s�A� '1N � lj�'°t1t� N s# E yR a m ti oil ,ski s $,sk SAW BUD Mwr war te�ou atoc/a✓c'�r+v�a-na�\a'M�o�t\�t-mot\:d I I i I` { 8 j 1 1 i E UMff-POND ACCESS EASEMENT a A 13.00POOT WIDBACCHSB BASEMENT LYR407.5 PBBTONEn=SMEOF THSpoUoWW ClWMMJ W LOCATEDWTllZNOATHHW OF WC170N9,TOWNSIM 3 SOM RANOB j 80 WEST OF 7BE OWNPRRBCPAL WRIUM.COUNTY OF EAGLE,STATE OF COLORAM LYM W1173aiAPARC&O$LANDDESMEW INWM376 ATPAGB983. 7W=ES OF SAID BASBdgNT LENGrAmB AND abRmw AT 17"5 BouwAuA SAID CBNTBItL=mom mm pARTCU.ARLY DESCRIEWASPOLLOWS: BBGINNINGATAPOWTALONGTHBNORTHMYRIM43ILWAYOFSU BUIWDRIVEWXD= THB SOUTIEAST CM=OF=IMM HALF OF=NORTH HALF SBCrKW 9 BEARS S6T5340"B A DISTANCE OF 1193.74PEB1;TW4CB 8 83"63'17"B ADISTANCB OF U-19 FEW 70 APOINTOF CURVATUR$TEW" 43.R FEET AUING LAID COAVE TI>RWMTO THB LEFT HAVING A CWMAL ANGLE 0P 5579 W.A RADIUS OF 45A0 FESTAND AC 3=D WHICH BEARS N6872'00"B A DISTANCE OP 41.90 FBSP,7M4CB N 40"37'16"B A DWTANC R OP 82.30 PBBT70 APOWPOF CURVA TUMM 30.33 PIWALOINGSJUDCURVETURNW70THELEff HAVINGACENTRALAMLEOIP26§IWWA RADIUS OF 1100PERTAND A CHORD WMM BEARS N 2/'27442"BA DIBTANCB OP 50A9 PBS1; THSHCBN 14'iIWEADISTANCE CIF 18.74 PMTTO APOWP OI+CURVATtml;TEmm 121A5pBST ALONG SAID CURVE TURNE4070 THE RIGBTHAVIMAC6NTRAL ANGLE OF391373r,A RAQWS OF 175.00PBSTAND ACHOND WHIMBLUSN34' W13ADWAMM OF 118.65 PBBT;7HBN08 N 53'5603"B AD92TAMM OF 9101 FEET TO APOI NT OF CURVATURE,TH D M 61.73 MrALONG SAID CURVE TLWWG70 THELBPTHAVWGACENTRAL AN=OF 32'09'03'.ARAD=OF 110.00 PEBTAND AC HORD WMMBBARSN37"3191"BADI8TANCE Ole 60.92PBB1;Til>3NC21 N21MW BA DI8TANM OF N.84 FBBT TO AP08NT OF CUILVATURB;THSNCB 50.40 PEBTALONG LAID WRVS TURNWG TO THSI ET HAVM A C Mn2AL ANCRLB OF 17'30►10".A RADIN OF 165.00 PBBTAND A CHORD WH MRL4RBN 30'32'06"BADRNTANCB OF 6021 PEST;9IBB1t,BN39°1710"BADiBTANC O OF 42.49 PUTTOA PMrOP CU1tVAIWM TH6JM78.22 PBBTALONG SAID CRBtVB Tt1R2 M 7C)TIE RMUT HAVING ACENTRAL ANGLE OP 29'52"".A RALBUS OF 150.00 PEBTAND A CHORD WHIM BEARS N 54'1392•BADWANCB OIL 7734 PEE.TSWMN 690"y BA DISTANCE OF OL13 FEI3r7o APOlWOFCURVA?URZ;TBlWM 63.03 PEST ALONG SAID CURVE TURNING TO TBE UMPTHAVDM A C EMIALANMEOP 19"3846".ARAMMOP IUMPBBTANDAC2IDRD WBICELB&Ut8N59'20'31'BA DISTANIC8 OFOL12 PEW TO APOWP OP RBVBR8B CUAVATURIt THU=81.97 PBBTALONG SAID RBVBR88 Ca LVE lURNWG T01TM XUITBAVMA C WMAL ANCIIB OP 37"53'U',ARADIUS OP 130APEBT ANDACSiORD WMM BEARS N68"2748"B ADISTANCU OF 8441 PEB1,7HR;CB N 877496"B A DUTANC B OF 3436 PEBTTOAPOWT OF CultVATURB;THSNC$27.94 pEBTALONG SAID CMVE TURN NGTO TRB LEFTHAVENGA CENTRAL ANGLE OF VW160.A RADIUS OF 200:00 FEET AND ACHEN WHENDBARS N837V18"B ADISTANCE OP 27.92 FEET;TBBNCB N 79"2470"B A DISTANCE CWUMPWTTOAPOWT OF Ct11:VASURB;TJMC373.78 FEBTALONG SAID CtIRVB TURMOTOTORLBFTHAYMACENTRAL LANGLROF21'0VIl;ARADIU3 OP200.00PEUTANDA CHORD WEKHBBARS N 68'1006"B ADISTANCE OF 7336 FW,7138NCSN 39'19'13"B A DISTANCE OF 63.86 P138T TOAPOWT OP CEIKVATt1R8;THE 10910 FEBTALONG SAID CUItVB TtMET0 70 TEB LEFT HAVIM A CENTRAL ANCE.B OF 36 43'16",ARADWS OP 173.00 PWrAND A COtD WMM BEARS N41'37'35"BADISTANCS OF 1073?FWD,TMINCE N 23WS7"BADWANCE OF34.24 FBETTO nmpomTgLmmmm SAID PARCEL CONTADMIG 0302 ACRES MOREORLBSE THE ABOVE WSC RIBW BABEMIEN!'BASIS OF BBAWM IS THE LINE C0NNW=GNG8 STATIONS "SPA"AND%ICLAURW WBKZ BEARS 8 7Y 16'36"B UISIM OOLORADO CENTRAL ZONE (HARI4)STATE PLANE COORMA738(SPQ i3 WTTH A SCALE FACTOR OF LOOD41I8L T B BOUNDARY SHOWNFOR VAE L VALLEY TMDAND FOURTH PWNG HAS AROTATION OF (-00'36'39')FROMPLATIBD BBARWOS. 2 • N BRENPBXIGSPLSN6.27598 PREPARED FORAM ON BEHALF OF PEAR LAND OON8[1;LTANTS,INC P:11800.18991180 60x1 =& POM-ACCOWLAP doe o r � i� TS ZT5 16 C4 a� im io sft OVA Vd t �l. 7 T j t o If ot V3 fit 'Soma , �, TA a 9 - e w� e S W f { r i 7 r x'Iw"=Is LIGUWL'da��-•w�a-n4ra3\era\va�\e��-��\�r I i SEWER MAIN EASEMENT a THIS EASEMENT dated this day of , 2013, is from The Town of Vail, a home rule municipality (hereinafter referred to as "Grantor"), its successors and assigns, to the EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle(hereinafter referred to as"District"). For and in consideration of the sum of One Dollar ($1.00); the Agreement dated September 8, 1983, between the District's predecessor and the Vail Metropolitan Recreation District, as amended by the Amendment to the 1983 Agreement dated August 28, 2012; the Water Agreement between the Grantor and the District of even date herewith; the provision of water service to the Grantor's golf course; and other good and valuable consideration paid by the District to Grantor, the receipt and sufficiency of which are hereby acknowledged, and to permit the District to provide cost effective sewer service, the Grantor does hereby grant, convey and quitclaim unto the District, its successors and assigns, a perpetual easement to and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter the sewer mains and all appurtenances related thereto, together with a perpetual non-exclusive easement for all necessary access rights-of-way for convenient ingress and egress thereto and therefrom, over,under and across the following described premises, situate in the County of Eagle, State of Colorado: See EXHIBITS -SEWER MAIN EASEMENTS (A), (B), (C), (D),(E) & (F) consisting of 12 pages,attached hereto and incorporated by reference. Grantor covenants that the Grantor has the lawful right to grant and convey this Easement, and that Grantor will at no time permit any building or other permanent improvement to be hereafter constructed over said Easement; provided, however, that any feature of the Vail golf course that does not consist of a building or other structure can overlay the sewer lines as long as they do not unreasonably interfere with the District's sewer service obligations. All provisions of this Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Stan Zemler Town Manager W6M t STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of 2013,by Stan Zemler as Town of Vail Town Manager of Grantor. Witness my hand and official seal. My commission expires: (SEAL) { Notary Public ACCEPTED by the Eagle River Water & Sanitation District this day of 2013,by Linn Brooks, General Manager. EAGLE RIVER WATER& SANITATION DISTRICT By: Linn Brooks General Manager s I j 's FAMTr-S9ZVM MAIN EA TT(A) A 23.00 FOOT WIDE ACC388 BASBMW VEND I2,3 FEW ON BTTHER SIDE OF nM FOUMINO DESCRIBED C6NMt=LOCAZSDIH THE SOUTH H OF SECTION 3,TOMMMP 3 SOZTTIL RANGE 80 WEST OFTEB SDCTHPRRWALIRIDIAN,COUNTY OF BAGLA STATE OF COLORADO THE SIDB9 OF SAID BAS LM40T1>BA18 AND SHORTENS AT D•S BouNnARZS.SAID CONTRUME BEIM MOABPA[tTiCf LARLYDBSCRUMASPOLZOWS: COM MCINOAT THE NORn W caRNER OF TRACT F.VAE.Va LAGB BLEYMaR FLM AIXORDINOTOTBBPLATRECORDED AMYL 1971 ATRECBPTMW06 116516,TOWN OF VA16 EAGM COMM STATE OF COLORADO; THEME ALONO WE WESTERLY LINE OF SAID TRACT F THB FOLLOWm(2)TWO OOURSES: 1) S 00'35'06"W ADISTANCBOF 26.93 MED, 2) 8 31'19'16"WADISTANCE OF 9.00 PEST TOTIMTRIMPOINTOPM922M THENCE DEPARTINO SAID WESTERLY LINE OF MAID TRACT F 7M POL.LOWM(7)SEVEN COURSES: i) N 59'26'07 W ADISrANCB OF 913.74PEBT; ? 2) S 77.11'43'WADISTANCB OF 416.04FBBT; 3) S 34.19'15"WADWTANCBOF 133.03PWr,' 4) S 73 M 42"W ADUr.4NCBOF 15811 PERT; 3) S 40'41 9"W ADISUWM OF 134.53 FBB1; 6) 813n9 W B ADISTANCB OF 53.60 FERr, 7) 54394'44"WADISTANCBOF207.74FEET10APOWTAIM07HENORINDLY BOUNDARY OF TRACT A.SATSOS RANCIENDIOR SUBDTVIMON.ACOORMIG TO THE PLAT RBCORDBD FE9RDARY 11,2001„AT ZBCEP MNo.WM7.TOWN OF VAIL,GAME COUNTY,STATE OF COLORADOALSOBMGTHB POINT OF TERM[ SAID PARCEL ODNTAINM 1.202 ACRES MORE OR LESS. THE ABOVE DESCRIDED L43E'b MBAM OF BEARING IS THE CRAB CONNECTM NOS 874710M "SPRADDLH'AND%WL& RII ,WHK H BOARS 8 73.16'Mr B UMM COLORADO CENTRAL ZONE (HARK)STATBPLANBCOORDDTATES(8FC)53 WlTHASCALBPACTOROF 1:00041156. THB BOUNDARY SHM FOR VAL VILLAOB ELEVENTH FEMOHAS ROTATION OF(4)V 43'03") FRM PLATTED BEARIN(i8. E 2TM ,je ! BRBNT B1OO8 FLS No.27595 , PRBFARBDPOR AND ONBE13ALF CF PEAK I AND CONSULTANTS.INC i i P:11600-1899115061doae18ewee MVCiCBaaroc Mdn,A.doo U3 4 q r'. M Z $ 0 rU Us gal r 7 ul us 4 r c 0 3 iy C^1 ` O rr to �. g L � w�+ l ` 1 } Exmrr-SEWER MAIN RAM==(B) APARCBL OFLAND LOCATED INTHB BORTMMY OF SECTION3,TOWN M 1 SOUPS,RANOB SO WEST OF THB=MPRlNCPAL b=3DlAN,COUNTY OF BAOLB,STATE OF COLORAD%BEdN mom PARTICULARLY DEStRI138DAS PMLOW& jQATTHE SOUMJlST Mid M CO1<lMOFTRACT A.ICATSOBRANCHA+MOR SUEDIVIBIM.AOCORDM 10 TOE PI.ATRECORM PEBRUARY 11.2004,ATRBCEP'1ii01d Na 867647. TOWN OF VAN,L4=COUNTY,STATE OF COIMADO WHWCB THE SOUTH QUARTER OF SECTION 3 MM S 88046W B ADSITANCB OF 103485 HIM,THENCE ALONG THE WE818BLY BOUNDARY CV SAID TRACTATHEFOLLOWTNO MTWO COURSES: 1) N 63'39'+40"8 A DlBTAN Z OF 663.36FM, 1) N 17442rBAMTAN06OF 137.04FEBTTOUM 7id81'iC E CONTIN MOALONO LAID WTISTBRLY LaIRN 1794427"B ADISTANCE OF 74J9FBE'9 THEICE DEPARTIMSAID WBBTBRLYLiNBTHEPOLLOWINO(2)TWO C 1) N3T3924"BAI=TANCR OF 55.54 2) N 43'34'44"B A 1783TANCBOF 31.34PESP TO APOW ON SAID WE rMLY LDM;TMCE CONTTN MALONOSAID WESTERLY LM AN 58447P EADIBTACNE OF 9l.18 FBEI;THE DEPART=SAID WESPBRLYLDM THE PM10WING(2)TWO COURM 1) S43'3 W W AD88TANCBOF W 14FEET; 2) S 3701914"W A DISTANCE OF 124+45 PEBTTO THE TMMMMOMMOOM SAID PARCEL CON AIIM40 006 ACRES I►8 MOR LEN DESCLumm A PARCEL OF LAND LOCATED]NINE SOUIE HALF OF BECTUM 3,TOWNER 1 SOUTH.RANGE 80 VaWOF THBSDCTHPRIIKCPAL)aRMWk COUNTY OF BAtiM STATE OF COLORADO.lMOb ORB PARTICULARLY DEStRUND AS FOILOWSo ATTHB 9WnMASTERNIAOSTCORNMOF TRACT A,YATBOBRANMIV DMR SUBD1VIWKACCORURMTO79BPLATRB( FLWRUARY1 1,2004,ATR13C8Pr=140.867647, TOWN OF VAII.,,EAGLE COUNTY,STATE OF COLORADO WHENCE THE SOUPS QUARTS OF SBCTWN 3 BEARS S SVWV B A DISTANCE OF 103485 FEBT,I MCBN 63°394('B ALONOTOR WESTERLY LINE OF SAID TRACT A, ADISTANCS OF 137.63 PEE1;THENCE DBPARTIM SAID WESTERLY L IE S 161SNr W ADISTANCE OF 129.56F118TTO APODIT ON THE SOUTH LINE OF SAID TRACT A;THM4C8 CONTIIRIMALONO SAID SOEYML=N 884633"W ADBSTANCB OF 32.65 PWr IO THBEOLQF SAID PARCEL.CONTADIENG CA?ACRES DIORB ORLESB. THE ABOVEDBSCRMED EASBI MTS BASES OF BEARING IS THE L=CODNNBCTM NOS STATIONS NAR RATE WCOORDQ�iA� 'SWC)83 WITHASSCALEPALTOROP IAMUS& � do .� 2T BRENT BIOOS PLO No.275M PREPAREDFORAND ON BEHALF OF ANTS,INC P 11800.1MUSDrd oOJkwwmdoWxb bdtKA1808.8swwMdn.doo i ,i a# k TGTGTGr i �a 1 1 40 t ifts �\ \ tip` 46 o � i EUM-SEWER MAIN EASEMENT(C) A PARCEL.OF LAND LOCATED IN ME 9OU7H HALF OF SBCMN 3.TORS 3 SOLMA RANG$80 a WEST OF Tim smH PRINS PAL UHUDL4x OOUNTY OF BAOS.B„STATE OF COLORADO`Bsm mm PARTIC11LARLYDESCRIBBDAB FOLLOW& SAT M BOUT l8ASTBRN MOST CORNER OF TRACCT A.BATSOS RANCH MINOR SUBDMMOQ,ACCOIt M TO TIM PLAT RBCORRM FEBRUARY 11.200„ATREM"IONNo.897647. TOWN OF VA14 RAMS COL)N1Y.STATBOF COLORADO VHMMI=SOUTH QUTARM OF 8WMH 3 BURS 8 88°4913"8AMrANCB OF 20S6.81FEBr 7HMMN W462r W ALCPTO 7M SOUTHLDM OF SAID OM M43 MTANM OF 12.96 FBBT,MmNCE E 3PARMQ L41D SO=LRM THB FOLLOWM(3) COURSE& 1) N S6""W E A DISTANCE OF 216.11 FEBT; 2) N64'12W BAMrANCE OF 332.90PEB1; 3) X3701924"3ADWANCBOF280.71PESTMAPOMAWNG7lB;WES7ERLYLBMOF SAE]TRACTA;THM4C8 S 17044'17"W ALONO SAID WESTLATEADISTANCBOF 74.39P=r.' RM= DEPARTING SAM WESTLDM 8 3781924"W ADMTANCEOF 221.59 PEST TO APOINT ON SAID WEST UNIt TMNCB 8 63'39'10"W ALONG LAID WBULMADISTANCB OF 339.54PRBTTO A POWT ON SAID SOU7HLM OF SAID TRACT A.ABL0 EM07IMPODIT SAID PARCEL CONTAINING OA70 ACM MORE OR LT38L. TILE ABOVE IMCREW EAMAMNT UM OF BBARNG IS TLS IM CONNBC MNO BTATLONS "SP1t,01W AM alAKI AURW".WIIDCS BSABB 8 73'W36"B UMM COLORADO CBNllAL BOMB (BARN)LTATB RAM COORDIN M(00 83 W118AWALE FAMR OF 1.00041186. BRBNTBI MPLSNo.27398 PREPARED PORAND ONBEHAIF OF ULTANTS,INC P:11800.IIM808Woa1S&MNdn1BxZ US-V0C-8QaWUWn.C.doo S k� it tp c; • t� v� 4s io In \ � -ck. •`, o a OA IN tal At i O r ♦ g 7 �l w � <1 MORM-$EWER MAM EA NT(D) A PARCEL OF LAND LOCATED W TM NORTHEAST QUARTER,NORTBWBST QUARTER OF SBCMN 10.TOWNSMP 3 BO 71L RANOB 80 WBR OF 7BB SWHPRLNWAL MIO MMX C0UWff OP BAMA STATE OF COLORADO 2=0 MORE PA171CM-ARLY DB$CRMID AS FOLLOWS: BEGMMGATTBE SOUTIMASIBRNImSTCORNBROPTRALTA,KATSOS RANMMDIOR SUBMVVMI AOCORUM'1O THE PLAT XBOORM PRIMARY 11,2004,AT RBIEPTLON No.867647, TOWN OF VAN,BAM.B COUNTY,STATE OF COLORADO WHONCB T BE SOUTH QUARTER OF SBCTM 3 BEARS 8l84f S'BADISTANCB OF 10MMFMP, TZDBNCS S W46WE AAUMIM SOUTHLIIMS OF SAID TRACT A,ADISTANCBOF 32AS FBIIT;THONCEDWARTI MOSAID SOUTHLMIM FOLLOWDM(3)7m=COURSES: 1) S W"W➢'W ADISTANCB OF 37-68 P86T 2) S 70'09'11"W ADlSTAME0F 139.19=x, 3) S 39 4WIP WADISTANCB OF 111.83 PBBrTOAPOWr ON THEL48TEM OF THE NORTHWM QUARM WORTNEWM QUARTER,OF SAID SBCTION 10.ALSO BEMAPOINTON THE BUTLMMCF7MTA.VAU.VAUZYMWMPLMACCORDINOTOTMPLATMMM NOVIflV =6,1979ATRBCBFTIONNa)90B19,TOWNOF VAI L,COM47YOFBAQ$STATB OF COLORADO;TMWM N 0094'94'B ALOM AID BASTLDM ADISTANCB OF 29.10 FBSC,THM CB DBPARTM .SAIDBASTLMEMPOLAMMMCOLRM 1) N 39'MS P B ADISTANM OF 10321 FEBr, 2) N70'09'11"BAIUTANCEOFIS&17FEBTTOAPOWONT=NORTRSBMMNLRMEOP SAID SECTION 10;TiBLNCS S 88'46'23"BALCNO SAID NORTBLt1M8 ADISTANCS OF 1296PBBT TOTIIB PODROFAMIRM SAIDPARCELCONTAB MO0.IM ACRBSMORBORLR98. THB ABONB DBE BASPAW BAM OF BEARBMOIS TBELINB CONNIBTWQNM STATIONS -M*ADDLB"Al %§M.MM3b",WIIZCH M&OB 8 73°16'36"B UMNQ COLORADO CERntAL Z04!IB 01ARN)STATE PLANE COORDINATES CALK FAC IA OF 1.0004118. N BRBNT BXMS PLS Nm 27398 PREI'AM FOR AM ON MAW OF PEAK LAND CONBUI.TAMM INC P:U800.18991t�Mdn�io-VOC-.9ew�arMdn-D.doa f t a 4 0 1 \ w mn i \ ,1 a Has IS \ to �p � \ "��*�•oosti�:a i EXHIBIT-SEWEA MAIN EASEMENT(l) 's i APARCOI.OF LAND LOCATED IN THE NORTEWM QUARTER.NORTHWEST QUARTER OF SECn0N 10,TOWNSHW S SOUTH,BANM 80 WESTOFTHE OMPIt WMALDHOIID[M COUNTY OFBAt1M STATE OF COLORADO.BBMG MORE PARIMM ABLY DESCMAMD AS FOIZ.OWS: QATTMNORTHEAST COMM VAR.VALLBYFOURTHPILING At' MWG TO 7SEPUTRBOOMMMVBLNBER4 1979ATRSCBPTIONNo.190679.TOWN OF VAII,COUNTY OF HAMA STATE OF COLORADO W1IMM M iGOUTEMOT COMM OF TAB NORTH HALF CW TIM NORTHBA12 SBCMN 9 HEARS S 4t'33'08"W ADISTANCE OF 1766.06 MT,-THENCE 878 N13"W ALONG THBNORTH IINEOF SAID TRACT A.A DISTANCE OFGAS FM,THENCE DBPARTWOSAD) NCRMLIIB$NS9 4Vll"SADIBTANCBOPS6.63 FEU70APOINFONTHBEASTLINEOF TAB NORTHWEST QUARTE LNOIitMMITQUARTUILOF SAID 8BGR4ON 10;TEBNM 8 00-34-2 AP W ALONG SAID EAST LIM ADISTANCB OF 19.06MrTO THBTM S POI r OFB800"M SAID PARCEL CMUAD W40 0.011 ACM MOM ORLEK THE ABOVE DBSC RMED BA BASIS OP BEARING 18 TAB IME CONNECTING NOS STAMNS "SPRADDLB"AND"MCT.AIMBr,WAB HEARS 8 75*16'38'BUSING COLORADO CENIBAL TANB (HARK)STATE PLANE COORMNATES(SFC)0 WITHA SCALE FACTOGt OF 1.0004118¢. THE BOUNDARY SHOWN FORVAL V LBY FOURTH FnJNQ HAS AROTATION OF(00'36'3r)FROM PLATTED HBARMOL 27 h MW—MMPLS Na.27398 PREPARED PORAND ONBBHAW OPPEAK LAND CONSULTANTS.INC i P11800.1MISOMdoesVhmwMdnlW&it-VCGGSswerMdn-B.dw 1 . }f 4 x, a s M Pp A V IL 1 g►, � Zbt��. \ Z Tit ZW ...i ` i4dt��t�OMN►IM inter'eu��: i EXHIBIT—SEWER MAIN EASEMENT(F) EASIDdERI DESCRIPTION AN EASEMENT LOCATED IN TRACT E,VAIL VILLAGE,SEVENTH MING ACCORDING TO THE FLAT RECORDED DECEMBER 17,1965 AT RECEPTION NO.102780,AN UNPLATTED PARCEL IN THE NW 114, NE 114,NW 1/4,SE 114,NW 1/4,N 1/2 AND NW 1/4,NW1/4,SE 1/4,NW 1/4 LOT I,AND IN TRACT A,VAIL VILLAGE,EIGHTH FILING ACCORDING TO THE PLAT RECORDED DECEMBER 17,1965 AT RECEPTION NO.102781,TOWN OF VAIL,EAGLE COUNTY,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ALONG THE SOUTH LINE OF TRACT A.ALSO BEING THE SOUTH LINE OF THE NORTH HALF,NORTHWEST QUARTER.OF SECTION 9,WHENCE THE NORTHEAST CORNER OF THE NORTH HALF,SOUTHWEST QUARTER,NORTHWEST QUARTER OF SAID SECTION 9 BEARS S 88 05725"E A DISTANCE OF 6.06 FEET;THENCE DEPARTING SAID SOUTH LINE N 39050'53"E A DISTANCE OF 91.52 FEET TO A POINT ON THE WEST LINE OF LOT 1,BLOCK 3,VAIL VALLEY FIRST FILING ACCORDING TO THE PLAT RECORDED FEBRUARY 17,19 97 AT RECEPTION NO.353958;THENCE S 30°27'25"E ALONG SAID WEST LINE A DISTANCE OF 55.55 FEET;THENCE DEPARTING SAID WEST LINE S 42 058'07"W A DISTANCE OF 32.19 FEET TO A POINT ON THE SOUTH I.=OF SAID TRACT A; THENCE S 42 058107"W A DISTANCE OF 62.15 FEET;THENCE N 88°06'28"W A DISTANCE OF 17.03 FEET TO A POINT ON THE EAST LINE OF SAID TRACT E,VAIL VILLAGE,SEVENTH FILING,THENCE S 40°5333"W A DISTANCE OF 124.24 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF VAIL VALLEY DRIVE;THENCE N 78 441113"W ALONG SAID NORTH RIGHT-OF-WAY LIMA DISTANCE OF 35.83 FEET,THENCE DEPARTING SAID NORTH RIGHT-0F-WAY LINEN 39"50'53"E A DISTANCE OF 173.22 FEET TO THE NORTH LINE OF SAID TRACT E,ALSO BEING THE POINT OF$EGINNING. SAID PARCEL CONTAINING 0.228 ACRES MORE OR LESS. THE ABOVE DESCRIBED EASEMENT BASIS OF BEARING IS THE LINE CONNECTING NGS STATIONS "SPRADDLE"AND"MCLAURIN",WHICH BEARS S 75°16'36"E USING COLORADO CENTRAL ZONE (HARD STATE PLANE COORDINATES(SPC)83 WITH A SCALE FACTOR OF 1.00041186. y q .r BRENT BIGGS FLS No.27598 PREPARED FOR AND ON BEHALF OF PEAK LAND CONSULTANTS,INC x P:\1800-1899\180UocMA it We ter-Scwcr-Tract A W-MXdoc i 1 o _ r 0 Bt z !� 4 Z U Q Z3 ^ W ti Z: LLJ > Z Z W p� ay Y. W i z Go CD •� V0 W C14 r- N p p rn N u to 00 LL F N to I I I I U I pG`� F:cb4j ) `a3o to n x o yy'S9 p0 g� / , to M to �'JPJ'pC, .� ' G -o O ti ;13 to Ln En co z— �CN ° ° ° s� 6 <5 W Z � 5 0 104.00 N08'48-52 W J wce N0 '48 44 W 133.79' o' �.. tk M rnN�� N O O 0OMM P . fir., Fang 1p �co �+{ IM 00��51 ?.(nZW 04 z 3N VIZ > O U F W Q S U U W In Jv Zw � �m Er 0 v W Z - 40P'ld LI.00.t I S. •w7.M-,ar.S-niWl-110!W�3 0 ! 6.a-00.f °d 1 1