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HomeMy WebLinkAbout1982-26 Accepting a Gift of a Certain Parcel of Property from Pueblo Associations LtdCb T, r, 75 s. f~c~,„age road aii, co'.crado 81b57 office of sown clerk L RESOLU'i ION r 26 Series of 1982) Old ~ opk JOi'iHHEIIE aHiLI,iPS EACLE C7Y. E'.~E~OFi~Efi iK ~ "T 1.7 ~~1.~ ~U~ A :~r,SOLUTION OF THE T0~1'N COUNCIL ACCEPTING A GIFT CF A CERTAIN FARCEL OF PROPERTY FROD4 PIiEBLO ASSOCIATES , LTD, A COLORADO LIb31TED PARTNERS'~IP; DIRECTING TH3, TOItiN MANAGER TO ENTER INTO OR ACCEPT . ANX DEEDS OR INSTRUItiENTS NECESSARY FOR THE COAiPLETION OF THIS TRANSAC'T'ION; AND PROVIDING DETAII_,S IN RELATION THERETO. 14'HEREAS, Pueblo Associates, Ltd. has offered to mane a gift of certain property to the Town of Vail, more particularly described as follows: Tract A, The Valley-Phase V, according to the recorded plat thereof, County of Eagle, State of Colorado. 1ti~HEREAS, the Town Council is of the opinion that the gift should be accepted for the health, safety and welfare of the people and the inhabitants of the Town of Vail; NOSY, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The proposal by Pueblo AsSOCiates, Ltd. to make a gift to the Town of Vail of said property be hereby accepted. 2. The Town I~4anager is directed and authorized to execute and accept on behalf of the Town any deeds or instruments necessary to complete this transaction. INTRODUCED, READ AND ADOPTED THIS 17th day of December, 1982. RodnGsy E. SXifer, !,ia~~.6r A'T`TEST 1 Col ee{{{////n Klin Ton•n Clerk F'• r+•l,ttuit Su of the County of Eagle and State of Colorado, of the second part: 11'iT\ ESSETH, That the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION -----~®~iS.~, to the said party of the First part in hand paid by the said party of thE: second part, the receipt whereof is hereby confessed ant{ acknowledged, has granted, bargained, sold and com•eyed, and by these presents dues grant, bargain, sell conve and confirmy ,unto the said party of the second part, his heirs and assigns forever, all the follnwrng deccrihed lot or parcel of land, situate, lying and being in the vunty of Eagle and State of Colorado, to-wit: Tract A, THE VALLEY-PHASE V, according to the recorded plat thereof, County of Eagle, State of Colorado. Rec,~r~ier. Colar<~.do, of the first part, and TOWN OF VAIL , a Colorado municipal corporation vnoseiegaladdressis 75 South Frontage Road, Vail, Colorado 81657 u,i„~n rHiti llEEU, 1[aae this 14th day of December , 198,between PUEBLO ASSOCIATES LTD. , a Colorado limited partnership ofthY Cuuntyof "ef~eTSOn :cn+l State of als~Yt~ivF,as-s~reetataclrrru~tbat• TOGETHF,R with all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE ANll TO HOLD the said premises above bargained attd desceibed, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the First part. For himself, his heirs, executors, and administrators, does covenant, grant, bargain, and a~•ree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of• inheritance, in law•, in fee simple, and has good right, full power and Iacvful authority to grant, bargain, sell and convey the same in manner and fot•m as aforesaid, and that the same are free and clear from all fvrmer and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever, except general property taxes for 1983, payable .Ianuary 1, 1984, subsequent year's taxes and the following matters of record: U.S, Patent Reservations, Plarmed Unit Developfrbent Plans, Eagle Col~ty C.~=ltissioners' Resolutions, restrictions, reservations, easements, rights of way and ~,~~~ective covenants, and the aboved bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall nclu{ie the~pIiirraJ, the plural the singular, and the use of any gender shall be applicable to at] genders. 1~I~i~=IET-NE~~I,•~VHEREOF, the said party of the first part has hereunto cet his hand and ,eal the day and year first 8~o?.:e`.r+vritten."- ` ~y." , PUEBLO ASSOCIATES LTD. , a t,T~~ fl„`,r^ ~ ~ Colorado ].united partnership C ~~' r 7 ~ ° ya BY-: I~MAR. INr , [SEAL] aif'~~~c - - _-- j Texas corporation, its f ~ ~ -- M3Fla ing- re/Il/ejJ~_ 2.l~artne~ -- [SEAL ] r;, .,-.•j: _.- /~6r ~~-- ~ SEALSTATEOFCOLORADORobertH, Andrews , Vice President ] f ~ ~ • county or Eagle ~ '~• a.: ~ r: Th24`Orefroing instrument was acknuwl+~dgecl before me this 14th clay of December l.s 82. by Robert H. Andrews, as Vice President of Lamar Management Inc., a Texas corporation, as Managing General Partner of Pueblo Associates Ltd., a Colorado tidy Som fission expire ! -~ ~ y , l;i.y~~ . 14'it ass my hand and official seal.tamite~. partrters~ip , No. 932A. K,~een\TY 11EE D. - F,n' P4n,t,,,;raphu• K+•r~n-,!. - Dradfosd Publi~h,ng, SN~S W 61h Avc., Lv ewirolTCC744U~Y;y },~~~6900- ]281AI~, CO 8i65Q t• ~ ~ ~ j f 11 { f lJI V l~ :J l' 1 ~' 75 ~,. frc~,i~ge goad vai , ca~crado 81657 ofxice of town clerk RESOLUTION r26 series of 182} A RESOLUTION OF THE TO~YN COUNCIL CCEPTING A GIFT OF A CERTAIN PARi:F~L OF PROPERTY FRONI PUBLG ASSOCIATES, LTD, A COLORADO LIMITED PARTNERSHIP; DIRECTING THE TOjGN A9ANAGER TO EN'~'ER INTO OR ACCEPT ANY DEEDS OR INSTRUhSENTS NECESSAR`r FOR THE C011PLETION OF 'PHIS TRANSACTION; AND PROVIDING DETAILS IN RELATION THERE`T'O. 4'~iEREAS, Pueblo Associates, Ltd, has offered to make a gift of certain property to the Town of Vail, more particularly described as follot~s: Tract A, The Valley-Phase V, according to the recorded plat thereof, County of Eagle, State of Colorado . WHEREAS, the Town Council is of the opinion that the gift should be accepted for the health, safety and welfare of the people and the inhabitants of the Town of Vail; NOi~9, THEREFORE, BE IT RESOLVED BY THE T0~9N COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The proposal by Pueblo Associates, Ltd. to make a gift to the Town of Vail of said property be hereby accepted. 2. The Town Manager is directed and authorized to execute and accept on behalf of the Town any deeds or instruments necessary to complete this transaction. INTRODUCED, READ AND ADOPTED THIS 17th day of December, 1982. n ij '; Rodney E. Slifer, bia5~ r ATTEST: CoII"een Kline, To~ti•n Clerk irr! at a ~ jriiarl :\a. TIES DEED, :Made this 14th rlavaf December is82,,b~t,veen PUEBLO ASSOCIATES LTD. , a Colorado limited partnership of the County of .. F.f f er. son and State of Colorado, of the first part, and TOWN OF VAIL , a Colorado municipal corporation ltie~~i~rder. t•~ 11.1 ~~ c .: T:a ~] 1' ti•hoselegaladdressts 75 South Frontage Road, Vail, Colorado $1657 of the County of ~ ag1P and State of Colorado, of the second part: 11~1T\ESSETH, That tl~e said party of the first part, far and inconsideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION -----~r~E=L.~3~, to the said party of the first part in hand paid b}• the said party of the second part, the receipt +chereof is hereby confessed and ackno+vledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, veil, convey and confirm, unto the said party of the second part, ]sis heirs and assigns forever, a§t the follo+cing described ]ot or parcel of land, situate, lying and being in the e'ounty of Rag ~~ and State of Colorado, to-wit: Tract A, THE VALLEY-PHASE V, according to the recorded plat thereof, County of Eagle, State of Colorado. i4sc~l;-noK•ta t}s~.~r~+e#.awt~rw~vtibc~r TOGETHER with all and singular the 13ereditaments and appurtenances thereto belonging, or in anywise apper- twining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said party- of the first part, either in lan• or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE A\D TQ HOLD the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forevet•. And the said parts- of the first part, for himself, his heirs, executors, and administrators, dues covenant, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and ]a++•fui authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of ++-hatever kind or nature soever, except general property taxes for 1983, payable .Tanuary ~., 1984, subsequent year's taxes mid the following matters of record: U.S. Patent Reservations, Plal7rfed Unit Develo~tr~rt Plans, Eagle County Commissioners' Resolutions, restrictions, reservations, ease331erits, rights of way and protective covenants, and the aboved bargained premises in the quiet and pwareal~le possession of the said party of the second part. his heirs and assigns against all and erery person or pes•sons la+cfu3ly claiming or to c]aim the vvitule or any- part thereof, the said party of the first part shall and +sill L~'ARI~A~T Ai`D FC1RE~•ER DEFEtiD. The singular num3~er shalt Include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. 1\ R'1-r\E5S ~~•]iERF.QF, the said party of the first part has hereunto set his hand and sea] the day and year first abu.•e written. PUEBLO ASSOCIATES LTD. , a Colorado limited partnership BY : LAi'kAR M~GEtYIEI~'i INC . , -a - -- I s F A L ] Texas corporation, its i;~gi.ng - C~neral Partner _ - [ ~ E •-~ 1.1 r ~, i 4~ ~~ STATE OFCQLOP..~DQ Robert H. AndrewsY, Vice President 5. County of Eagle The fore~:oing instrument u-as acknu++'ledged before me this 14th day rrf Dece[ber s 82. by- Robert H. Andrews, as Vice President of Lamar Manage•r~~nt Inc., a Texas corporation, as Managing General Partner of Pueblo Associates Ltd., a Colorado lp ~omt issinn expire r -- ` `~ , ];~ r'; . ~Citnrtis nt}' hand and official seal.lzmite~ partners lip. S.nJARN(~}~(CAN(Ey \,~ a:> PuLlia. tio. 932A. -+~,1 F{HAXTI' UF.EU. - Frrr 1'hr•t,.~ i „phk, R.~, urJ. - Brdd(urd Puhli,hiag, 5625 K' hth Ave , l.aAcw',n~T'ClfEt al `_ j~~~+~h90p- I:~B1 V,41L, CO $ib~~ y 3S~ y~.~ :~ ~ ~'l h ~ 1 / r ~ - f 7~ s. ir,;.;,;a~e road vain, co~cra~o 81657 office of town clerk z~ RESOLUTION #26 Series of 1982) A RESOLUTION OF THE TOWN COUNCIL ACCEPTING A GIFT OF A CERTAIN PARCEL OF PROPERTY FROM PUEBLO ASSOCIATES, LTD, A COLORADO LIMITED PARTNERSHIP; DIRECTING THE TOWN MANAGER TO ENTER INTO OR ACCEPT ANY DEEDS OR INSTRUMENTS NECESSARY FOR THE COMPLETION OF THIS TRANSACTION; AND PROVIDING DETAILS IN RELATION THEP~ETO. WHEREAS, Pueblo Associates, Ltd. has offered to make a gift of certain property to the Town of Vail, more particularly described as follows: Tract A, The Valley-Phase V, according to the recorded plat thereof, County of Eagle, State of Colorado. WHEREAS, the Town Council is of the opinion that the lift should be accepted for the health, safety and welfare of the people and the inhabitants of the Town of Vail; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: 1. The proposal by Pueblo Associates, Ltd. to make a gift to the Town of Vail of said property be hereby accepted. 2. The Town Manager is directed and authorized to execute and accept on behalf of the Town any deeds or instruments necessary to complete this transaction. INTRODUCED, READ AND ADOPTED THIS 17th day of December, 1.982 . Rodney E . ~ if er , Ma~f r ATTEST: Col een Kline, Town Clerk t t4,ja 75 s. ircnia,~,e road vail, ca~crado 81657 office of tovrn clerk r3 t ~~. RESOLUTION r26 Series of 1982} A RESOLUTION OF THE TOWN COUNCIL ACCEPTING A GIFT OF A CERTAIN PARCEL OF PROPERTY FROM PUEBLO ASSOCIATES, LTD, A COLORADO LIMITED PARTNERSHIP; DIRECTING THE TOS1'N b4ANAGER TO ENTER INTO OR ACCEPT ANY DEEDS OR INSTRUniENTS NECESSARY FOR T]iE C017PLETION OF THIS TRANSACTION; AND PROVIDING DETAILS IN RELATION THERETO. WHEREAS, Pueblo Associates, Ltd, has offered to make a gift of certain property to the Town of Vail, mare particularly described as f ol.lows : Tract A, The Valley-Phase V, according to the recorded plat thereof, County of Eagle, State of Colorado. j1HEREAS, the To~s~n Council is of the opinion that the gift should be accepted for the health, safety and welfare of the people and the inhabitants of the Town of Vail.; NOSY, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOZIN OF VAIL, COLORADO, THAT: 1. The proposal by Pueblo Associates, Ltd. to make a gift to the Town of Vail of said property be hereby accepted. 2. The Town Aianager is directed and authorized to execute and accept on behalf of the Town any deeds or instruments necessary to complete this transaction. INTRODUCED, READ AND ADOPTED THIS 17th day of December, 1982. Rodney E. S~ifer, hia~~br R'I'TE ST Co1T"een Kline, To«•n Clerk eptinn 10. -__--Recorder. I -- - -.~ _ .-- _ _ -. ~-.~-FiLI:~GST.IAIP '~ Tli1SDF':EI), 11ladethis 14th day of December , I9 82 ,bet++•een PUEBLO AS50CIATES LTD . , a Colorado limited partnership oftlle County of ,.'efferSOn and State of Colorado, oCthe first part, and TOWN OF VAIL, a Colorado municipal corporation huse iegal address is ]~ SOilth Fro>~tage Road, Vall , Colorado 81657 of the County of ~:agle and State of Colorado, of the second part: ; 11'IT\ ESSETH, 'c'hat the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION -----~e~L,.~s, to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and ackno++~ledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, „ cll, c°m•ey and confirm, unto the said party of the second part, his heirs and assigns forever, all the following dr~cribed lot or parcel of land, situate, lying and being in the ' t ounty of Eagle and State oCColorado, to-wit: Tract A, THE VALLEY-PHASE V, according to the recorded plat thereof, County of Eagle, State o~ Colorado. 1r'l)+n+~w>3 rk..c-Fr,•{•wt.:.F:r~rw~z~+c+.r' TOGET}{ER ++•ith all and singular the hereditaments and appurtenances thereto belonging, or in anywise apper- taining, and the t•eversion and reversions, remainder and remainders, rents, 'issues and profits thereof; and all the frstate, right, title, interest, claim and demand whatsoever of the said part)• of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and apptn•tenances. Tt) lIA~'E A\ D TO 1iOLD the said premisNS above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors, and administrators. does covenani, grant, bargain, and agree to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, as of goad, sure, perfect, absolute and indefeasible estate of inheritance, in law•, in fee simple, and has good right, fu El power and ]awful authority to grant, bargain, se[1 and convey the same in manner and form as aforesaid, and that the same are free and clear from ali former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of u-hatever kind or nature soever, except general property taxes for 1983, payable ,Tanuary 1, 1984, subsequent year's taxes and the following matters of record: U.S. Patent Reservations, Planned Unit Devela~L,r~~t Plans, Eagle County C..nEL>issioners' Resolutions, restrictions, reservations, easements, rights of way ar}d protective covenants, and the aboved barg;nned premises in the quiet and pxac•eable possession of the said party of the second part, his heir. xnd assigns against all and e+-rr}~ person or persons la++•fully claiming or to claim the ++hole or any part thereof, the satd part} of the first part shall and +t•ill 11'AI3RA:~T A\'D F(1RE~•EI2 DEFEND. The singular number shall include tine plural. the plural the singular, and the use of an}- gender shall be applicable to alE genders. 1\ 11-.'-1'tiESS t~"EIEREUF. the said party of the first part has hereunto set his hand and sea] the day and year first 1L,+-~•,.-i,iten. PUEBLO} ASSOCIATES LTD. , a - . Colorado lir(}ited partnership BY:-. ~.AI+~AR MANA~'- ING.-; -a--- IsEa,L~ Texas corporation, its Managing General Partxler-- -- Is ~~L] raT>; (1F cc}LC)I;.an(r Robert H. Andrews, Vice President Cf>unty Lff Eagle The f"roguing iltstrumr•na +\';x~ ;IL'kllfll+'lf'dgl'd 11L'f111'f' rllr tltrti loth uay of December 3:! 82. -~• Robert ~i. Andrews, as V~.ce President of Lamar Management 7~-IC. , a Texas corporation, as M:.Irlagir,c General Uar~~zler of Pueblo l~.ssociates Ltd. , a Colorado v L;r,m isstrm ex1nre~ , - 1 `~ . 7`.a:' . G5'itn~ss mr hand and official seal.l~i~l~te~ partnership. ~ •t PS.~/~JRRN^)XCAN~IQE ,,. LB" E•~r~k~f I. 93?;~, +i +fiHA\T1 11F=F'1i.--F'.~r F'I~~~~~~rr :,~d,n N.~, .~IJ -_ Nr„dfmdPuhL.hmg, }R:S µ' 6,h Avc., LxFewt,nlTCIrTS ~Td '-~~T•+'h40O- 1281V~iIL, {.'~ 8tb.~ 1 OTTO,PETE~50N & POST ATTORNEYS AT I,AW PO5T gFFICE 8qx 3149 NAIL, COLORADO 8!657 FREDERICK 5. OTTO JAY K. PETERS qN WILLIAM J. POST December 1~ , 1982 Larry Esquith Town Attorney Town of Vail 75 Sauth Frontage Road Vail, Colorado 81657 VAII NATIpNAL SANK BUILDING 3 d3) 476-0092 EAGLE-NAIL PROFESSIONAL BUILDING 303) 949-5380 RE: Tract A, The Va11ey - Phase V Dear Larry: Concerning the dedication of Tract A, The Valley - Phase V ("Tract A"} to the Town of Vail and at your direction, please find enclosed the following: 1. Original, executed and acknowledged Warranty Deed from Pueblo Associates Ltd. ("Pueblo"} to the Town of Vail. 2. Copy of Land Title Guarantee Company C~~~u«itment To Insure, Application No. vaaa~287. Puebla acquired Tract A effective December 1, 1982, and the enclosed Commitment To Insure was rel~.ed upon by Pueblo at such closing and to the best of my knowledge still reflects the current status of record title except for Pueblo's current record ownership. I appreciate your help in this matter and particularly your preparation of the Resolution for acceptance of Tract A to be presented to the Town of Vail an Friday, December 17, 1982. Should there be any problem in getting the Warranty Deed recorded prior to December 31, 19$2, please contact me immediately. Again, thank you far your assistance. Very truly yours, GIilliam J . Fast WJF/sjc Enclosure(s) COMMITMENT TO INSURE This commitment was produced and issued through the office of i LA~iD ITL o GUARANTEE COMPANY r ; P. O. BOX 357, 108 S0. FRONTAGE ROAD WEST, VAlL, COLORADO 81657 tTelephone {303) 476-225'! 4 G Cau a 'geed ~ 1. Valfdalia+~.Qi~cer . Representing: r r..., fi1M Form 2582 V 2/82 ~•, F AMERICAN LAND TITLE ASSOC ~ 'ION COMMITMENT - 1970 Rev. f~ a Stock Company of Minneapolis, Minnesota TITLE INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, herein called the Company, far a valuable consideration, hereby commits to issue its policy or policies of #itle insurance, as identified in Schedule A, in favor of tht proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy orpolicies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endaresement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and aI1 liability and obliga- tions hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The term "mortgage",when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to sa disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company other- wise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule $ of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties in- cluded under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in re- liance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule 8, or (c} to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A fax the policy or policies committed far and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from Coverage of the form of policy or policies com- mitted for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: I. Rights or claims of parties in possession not shown by the public records. 2. Easements; yr clauns of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Title Insurance Company of Minnesota has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. IC .... a, ~' _ ~ u'~ P'~: 1~` 1. ....... President Secretary fa I ~~ fr G 0 #'1 P't 7 ~ ~ ~ '1 I ~~ C#fi»I)ULU rl f~i ~ i i c ~t i are Na . UUi3Ci~287 For zr~4`r~rraa~tion Oniy 1-~>; L~:r~tiT, 1,00 IA i irit ~.~~~~iz-, r^~:sn i tt~nc,:, ~~ 1.~: <;~, r~q~f ~.~„ tc~ 'J017C7~,2'U: . fC~,ct.ivc. f~~,t~; C#"f`7C-Al:'i=F: Cii, ~.{.~F;~' u•;; E:#:C#d A.~i. i=`v}2ryi~~~:-.; to ~~ i ~s~uF,c1, an+~ F,c:.,a#:,or~r:r•i :[n~itr'~-:r1; .} (~ `~ ( y.r~ ~ytf11 !-i ~ i ~WCtFr~S F'C)~# ~~~~ Y~ViJ~I.l I.J~rLi© F=orati i3--197[l tF~rn-=:nrior# ~.q--1'1--; 0? rcrr#c~sc;d Irr~urr~:rJ= F~`~t#"~# 0 /~~~t)CJ:~TF":> # 'T#~r , ~ C:al or~~cif~ # i ra i t~rl !~'~rtn~r~'ari I F~ Gc7asr-~ i #.rnErct Cnri aav~rr^cr.~ 31c: #'t-:C'E':o~ Vr?~y't ~-:CI i YY V~i# # F1' ~ a5tlCIli~F ~ E i-F~ i n th+., l~r~{•# a~# ~~~scr i ~F.r! nr~ r~f~rrvri to i ~t tM i 5 E~i ~ r•~ b, i r"~ i r i nt~r~:~t acrver'~r_i I's~r^e:t rr i ~ ~-t tl~~ ~ff~rt i v~ L'a'I rsr^~r.#a i i m i t.~c; F°~t"t,n~r^~i~ i i'~ Tip? l~~o~J raf~;rre+~ to i E~ th # ~ Gvasat i trn~:nt i ~ ~i~scr i ~~rJ ~s fal lows= i-f;~~r r-~, ~'li~ ~~~ i ~ ~-F'iiEiSF' ~, accoF,~F~z~l~ ~r~ Ti{C' r'i. ~; FcF'car~~F:n idOVF'A1F~FR 1~~l~Li Its fs001: X13 ~T F'~1C~i:: i3`)~f, GQl3i~#TY 0#= ~~~l~[:, ,T~i"~ OF' G0l. Q~ti~iFi~?. a r ~ ~ c o s~ ry x -~. _ ~ F' rr T ~' . Srf#F~iJt_C P-t t f;r•c#ta i r~r~rr!•rtt~) AI-~F~al 'r r ~t i on Nc~. t1QOC#4?$7 Tha f o T Tow i n~~ %ar'W thc~ r.:,~iu t rF:rnF,nt ~ T,o ~i~ r;omF+t i ar# w f th e F';~yarcr:t. -La ar for ti•1~ ~c~c~~;r3~, t~f thy. ~rar-,t•ar~ Qr martg~c~ors of ~ihe ft.! t ~ c:tjn~., f ri•-ar~t i ql'l ft7l, thy- ~~ •r',;;t~: ar i nt>=r+?~,t tv !ate f n~ursrrl, rcaFti~:r~ i rl~:tr~i~rrn~,rl#. £ ~~ 7 crF.nt. i r!J tf'lEr ~~taT.~ ar• f rlter~~t to he I r-sured mart h.-: r~:>;c:cLl~~:rf .~;~rl rig.! l; f i F-,rf fnr r~tr_prrl, to--w i t i G'01'`Y Oi= CFF~T7f"1CAT~ 4f' I ]~MJ'Tf~f~ F'AFcTiJF"RS!#I~? F'aF; F'U~Ft~ 0 ASSOCIATES, L.Ti?. r #~ I..IlfiZ1'i=4 i`'~lf2i"Al~ff#iTP~iTAF~tPCC3 -- "F' [i..Fil'~ f~dl~'H I'H~ DA1'~ OF FIi It~C~ ['•Y TI~tF` SF"CitFTAE":Y {~[- :.~TA7[' L-I± C~t1t 4F~Q[t~, ~tl#ST F'•~' #-Uf;{N1SNE8 T4 r, . W(~F~}+AidTY Crf"F'F~ F Fcphi t~Al F F"1` f~:iSt~CIATF`S, i T(`r, , A Ccsl c~rAdo [ i p1I ted Par~tn~r~#~ # ~; TES f'#JEGIr.4 AS:iOC::CATCS LTI). , A Co Tnr~da 1. i as I terl ff~rtry~r5:i~f~~ C4#~VF"YI~fC Si1F'•JF"i:;'f T''F<OPF'R7Y. i~9TC: CCI~cTIi'ICATF: OF' LI(~ITiWD i'ART~l~FtSHIP fcC_COF:i?P~ RPRII. 24, 19$C! IN RQ~#; ~t:#r AT ~'AGF` ~7' t~ISCI O,r,CS F AP1RFc F'FtOf'#~I~TT1='S, I~CC. i A C1Ei AWARI` coRt^~rrlTioi~! I'~ $t" T!-I~ GL-"~IER~h~. PRFtrf~lr-_f~c~) aF vf+[_f_i-Y Fa~SQG[ATES STD., t I!'tITF`F3 F'Ai~Ti~iF~Ft~,!#I#~'. lOTf°a TH?'iy FaC~4F'F'FxTY MAY F~F" ,~!#:JFCI' 7O TIC[" F~F-Rt F:STATF' TRRhfSF'ER TRX SY VTP1'UC 4P TTS TI~iC1..l1al©i~ IH T6#~' T4WP! OF" VAIL. F'UFfCF#ASCR SHOtlI.D C4f~7r`~CT TNC` T4Wi~t ~P Vfall FCf"Gl~li#'yJ'#1Ci SAJF1 Ram>f=~.~Sf~1#=l~iT. F~ _ _ ~. A f 'i A C G hi t'1 7 ~ ~ ~ 7 ~ , . i f~f:~t:t•~t. i ori~ ~ ~~C~C~1. i c~:t i r}i'i tea. VClilf]42Q7 TFi~e Ra l i cry car ~~0 1.r r: i t~*z #.iJ falloWint~ urr1.~:~~s t.i-~~:~ fst;rric, CatRC~~n+;~ 1 . 5'ir~ridri•~r_t E,_s;t:crk~~t. i c.+i~t; t f1. TcZ~~?!~ ~P1rf RC'iS-755tR+='i'~#.'.~ ri t7 t. y c •t. c: ~ i` ~t. i t" i ,., cl #, is Njc'; i tiSLlr'!t'f W i ~. ~, CDMit33 1 h !:xC~rpt i DYiS to the i-.rfr c~ i c-C~raa~~d rt to #.f1~r ~~#. i ~f~rt i an of the thrr~uyi~ti ~, F•~i^ i nt ~d Qi•i tl'ic cav~r ah~:~t. ilR~. ~~'":~, t'i4iF: Or r~c31t~1airti anr•t S~~F:Ciat ~!i'3l°l~s~~nt~ 7. Ai~~~} i,tf'i~r3 ! ri t~s;~:c. nr~ :~44;r ~ ,rfi~Yi#.5 ;~ga~ i rr~~ ~~ i ri l~inrl. 1 i ~,~~ fnr uiwC~~ i d a~?t~ri, ~i•ici ~:~wt?r t:I~~rg~ ry, f f gny. C~TCiIl7 Of= T'ROi'RIf=TUI: 4f= A t~f~I?~! OCi LODE Tf~f"C:F'FCiQhl DH{7Lft n THE" SAfilf' E:F F'hU;~t~ T4 rr~~t~z y~~ ~~ rt~~~R~~f~ ~rh~ ur~~TEq ~TaT~s r'f~, ~h E:~~fi rj~ AT f"`~L7E• 'tf~ Ai~f~ flf"f.`4Cti~ AT' C'AfJf:. ~~t~. TO CXTRAGT Af+tD Rf_M4+VfA MIS OR#= f`f=f~li"TT.AT~' pT~ Ii~fTFRSFCT Tf"iic f~aTf=uT ~~GaRn~~~yo~~~rl~~~~2/4,~y7E"I"i AUGUrT ~ b, ! 7Uc3 ~~t fiiVi3lr 4S1 SCt. F{IGFiT Gf' f~i'~Y f="tlkl t~ITgflf~f; Gfi' CAi~AI ~; ~:S3Al~Tfifffr7'E=1~ C',Y 'THE` AUTHARITY OF THF_ l!f~tITFG w:~"ATf•:~ ~ A T?CS~t'it~f'»!~ I1~ l1i~tTf~f`r a'i'Ai'k:`i F`F~Ti'~i~T I"iECOF~DED rir- GE'hff'~f"F': r ~~, a 9~ p, 1~ E.O01: ~~:~ r`iT' f7RGf" ft r' Ain F'dFC{fitf~Fn ALfG135T i 6, 17tJ9 Ji~~ 640i' ~rt3 AT I-~AGf:: ~iG:'_. 11. f~f'"~;TCti1E:T3ttT' C:04'E~idAP~fTS, I~ff17i;#i f~4 tr~GT C:4?hlTA7i~ A FOCdI"f;'ITf.tR~ tlCi 4~i=VFR71~R CLAIlSI~, Sl1T OhfCTT~NG RESTRICTIOfdS, IF- Ai~Y, CAaR'f) ~}H RArfr, GOLOR, Ctf"I xGxOAt, Of~' t~ATY~ii`l~~f t~f"~TCTtd, f~ CQ~ITAT~f:'f'~ ff~ ;f if:~~'F~UP1F~lT #t~COFcDfi D Gf'TCh1Df;Ct ~~?, 197, Ifd f?O~}h 2~! ; AT F'Atif~ 4k3 Ahtf) A5 At~lf:~lDEt) IN If~STRfJ4''IE"~4T f:I~GOk;E1F~f~ 5£f'7C'f~f~Ffi ~'S', l~7<p iH E'.001; ~'r;, fa'f PAGE' ;~tbS Ahfh AS r1t4ENf3Eq T?~ INSTC~:It~ICnf1' ftiE~C4ftfl~t~ J~1#~f(.1t~F4Y 2~, 1y'7ti, Iht G'OQl: ~?~~ AT PAGE" ~~~;~. ia', LiTXi iTY f=AST't'1#`~tT ::'.[! FE'F°'f T~ ~1If~Tl-!, lU E`EE-7 O~ E`Af;ti f`a1f~C' Or ~l E Ii'~(3ERSOR LOT LIME:; ~tiVq A 1 s FpOT UTILITY C:ASE~t1f:f4tT F5L4~lG fiNn AL;UTTIf`fG ALI E"XTf:=RIOt'c l OT i Ti~lFS FlS TiT"SERI~Ff? 4~f TFfF' F'f. AT Ot' f TO~!':~ E:I[1GF 5f18DYVISIO~l, t=it_[f'!('s Ald. 2. 1~. AGk~'FhfFt•ET f:C"TWF'F~1 TAYV1=~f fHVICr'4f~lhlf""i~fTA# t AND COh1F'Ai~lY ANf7 hiOfJfVTA~f~f STATE , Tf=I_EF't~t0~~ AHD TE~_E#~t"~AC'N L'Ohtf=`AhtY R~'COt~gCfS 5f'F'Tt=t'1f~Etr 2~~ 15-73 Xf~ f:40f{ ~'~1 ~'~~" F'AGt° ~'9i . 1~,. Tf~f4h):f, F'F~C~VZaIOfd i AF2tl T;O1~fk1'TIUN~~ COf~TATf+If'E3 7A[ E•'i. Af~iE~ik=#5 I~~TT gEVELt7C'th~f~CT f'LAtI AHD gCCLF1f~F~TIOP~! OF' F'RbTE(;TT~'t': GOVE:NAE~TS F7L-:~ORDEf) Pfl1E~C1t ~'~, i.~qD Iid E:Q41; ~qf~ AT t'AGt• 7~rE3 ~if~!Ci T:I~~~f~f'CC1f~TiE"T1 AE'Tt]'t 7f;1, i~~gt3 itd at10k; ~fai ~`~T F'P~Cf~ ~~1~. Is. flb1E"f 1 Ii~G UfJIT~.; A ; ~,CT F'of::"i`k~f qr~ •rk~r~~ v~! I f~~-.F`k.f~a~C~ t! t`t_~~T R~CGF~tzEn kJ4VCt'1CEli emu, 1,`iGt} TAC f:?G'Of: X1;3 ttT !"'Fl[if: ~~~tr. 16. C°i.EC3 C'f. ~'1f<t k'firii THf" 4'fil. I f ~ --E'i~~r~F~ l1 f~f~ (;4fyf'sk• I~ NOVE~ht(~F C~ ?~, ] ri'GO 1'P! Ft00K 31:3 A fF'AGC: ate? . i f= ~:c.-:.~F-~t } c3nr: ? ~-l-~F•,~ 1 c ~t 1 tin Na. t~pDfl42E17 17, t3Ci:L.~~R~`~~'TOi+f Gf r'i~Ql'C=i'.'l-I~i= ~Ot1FNAi~~;~ FOi; TFIf: t1Ai..F.~Y-F'6iA~E V itECORQi`D i`tE?t~fhil;T'Fi f'~}, 1~}s3r.~ I~ F:t~C~l; ?i~ AT k"'A~F E3~~F.. LAND TITLE GUARANTEE COMPANY 3665 Cherry Creek North Drive Denver, GO 80209 321-1880 13693 East Miff Avenue Denver, CO 80232 751-4338 8333 Greenwood Boulevard Denver, CO 80221 427-9353 3110 S. Wadsworth Boulevard Suite 102 Denver, CO 80227 988-8550 830 Kipling Street Lakewood, CO 80215 232.3111 P. O. Bax 2280 Breckenridge, CO 80424 453-2255 303 South Cascade Colorado Springs, CO 80903 634-4821 1211 Main Avenue Durango, CO 81301 247-5860 P. O. Box 357 108 So. Frontage Road West Vail, CO 81657 476-2251 3600 S. Yosemite, Suite 350 Denver, CO 80237 779-0220 650-17th Street Denver, CO 80202 629-7329 9725 E. Hampden, Suite 103 Denver, CO $0237 750-8424 t ~. p,, CC~MMITIVIENT T(] INSURE This commitment was produced and issued through the office of TITN~ GUARANTEE CGMPANY P. O. BOX 357,108 50. FRONTAGE ROAD WEST, WAIL, COLORADO 81657 7elephane {303} 476-2251 Title Insurance Compsny a4 Minn~wta is a sul~idiary of Minnawta ~'itle Financial Carpontion. i+lASDAn Symboi - MTIT. 4 x - Cb Reception No.._.. _._ _ _ ,_.__.._ Recorder. FILING STAMP 3 k Tivs DEED, Made this 14th day of December' 1982, between PUEBLO ASSOCIATES LTD. ; a Colorado Limited partnership E. a'the County of Q:'OXf erSon and State of ` pi Colorado,ofthefirstpart:'and TOWN OF VAIL, a Colorado municipal corporation whoselegaladdressis 75 South Frontage Road, "Vail, Colorado 81657 H of t lie County of eagle`, and State of Colorado; of the second part: WITNESSETH. That the said party of the first part, for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presen ts does grant; bargain; ; sell. convey and confirm, unto the said party of the secnnd part, his heirs and assigns forever, all the following described lot or parcel of Iand, situate, lying and being in the County of Eagle and State of Colorado, to -wit: Tract A, ALLEY - PHASE V, THE V according to the recorded plat thereof, County of Eagle, State of Colorado. ii3sAlxuiw as tr ii +t»iina.er Tf}GETHER with all anti singular the hereditanients and appurtenances thereto belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title; interest, c laim and demand whatsoever of the said party of the first part, either in law or equity, o£, i in and to the above bargained premises, with the hereditaments arid: appurtenances. TO HAVE AND TO HOLD the. said premises above bargained and described, with the appurtenances, unto the said ` patty of the second part, his heirs anti assigns forever. And the said party of the first part, for Himself, his heirs i executors, and administrators. does covenant, grant, bargain, and agree to and with the said party of the second part his heirs and assigns, that at the time of the ensealing and.delivery of these presents, he is well seized o£the premises above cottveycd, as of good, sure, perfect; absolute and indefeasible estate of inheritance, in law, in fee simple, and has ` good right, full power and lawful authority to grant, bargain: sell and convey the same in manner and -form as ' aforesaid, and that the same are free an( clear from all former and other grants; bargains, salts, liens, taxes, assessments and encumbrances of whatever kind or nature soever, 'eXCept general property taxes for 1983, payable January 1, 1984, subsequent year's taxes and the following matters of record: U.S. Patent Reservations, Planned Unit Development. Plans, Eagle:County:Carmissioners' Resolutions, restrictions, reservations, easements, rights of way and protective covenants, and the aboved bargained premises in the quiet and peaceable.poscession of the said party of the second part, hi, heirs and assigns against all and every person or persons lawfully claiming of to claim the whole or any part thereof the sand party of the first pact shall and will W.VRRANT AND FORFVER DEFEND. The singular number dial) include the plus aj, the plural the singular. and the use of any gender shall be applicable to all gendeTS. SSIHF.RI;()1<. the saiii party of the first part has hereunto set his hand and seal the day anci, year first PUEBID ASSOCIATES LTD., a Colorado limited partnership m BY -; I MAR -, - ------ js LjMPwAI'dall- a EA' cY -_ Texas corporation, its EAMana3ngGexeral- I'tx er I Robert H. Andrews, Vice Presider S'YATF. OF C'O1.ORADO county of Eagle The fot egoinr instrument was ac•knowlecigod before me ti is 14th day of December 19 82.1)v Robert H. Andrews, as Vice .President of Lamar Management Inc. , a Texas corporation, as Managing General Partner of Pueblo Associates -Ltd., a Colorado fission expire' - Vit ss my hand and official seal Luna tech partners'_p. JAN . A. P. -" 2 + —1.81nradfordPubliship &.5825W 6h Av No.932A. WAItR NTl3FF£n. 'AIL, CO $1659.