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HomeMy WebLinkAboutC10-238 Special Warranty Deed Riverview (2) After recording, return to: Alex Potente Eagle County Housing and Development 500 Broadway P.O. Box 850 Eagle, Colorado 81631 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED (this "Deed ") is made August 3, 2010, by EAGLE COUNTY, COLORADO, a body corporate and politic ( "Grantor "), whose address is 500 Broadway, Eagle, Colorado 81631, to EAGLE RIVERVIEW AFFORDABLE HOUSING CORPORATION, a Colorado nonprofit corporation ( "Grantee "), whose address is 500 Broadway, Eagle, Colorado 81631. WITNESSETH, that Grantor for and in consideration of the sum of Ten Dollars and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and conveyed and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, all of Grantor's right, title and interest in and to the land described on Exhibit A attached hereto and made a part hereof, together with all buildings, improvements and fixtures thereon owned by Grantor (collectively, the "Property "). AND TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interests, claim and demand whatsoever Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property, with th herel t eiist . urtenanc s, unto Grantee, its successors and assigns forever. Grantor hall 11 W T A D • FOREVER DEFEND the Property in the quiet and pea 1le.,, s ession - Grante is successors and assigns, against all and every person or person 4fyytP if t ` e wYi'�Te or any part thereof by, through or under Grantor, but excluding all and every persons or persons claiming by, through or under Grantee, and subject however to those matters set forth on Exhibit B attached hereto. [No Documentary Fee Required — Exempt Pursuant to C.R.S. § 39- 13- 104(1)(a)] \ \DE - 065064/000009 - 462719 v 1 1(N WITNESS WHEREOF, Grantor has executed this Deed the day and year first above written. EAGLE COUNTY, COUNTY, a body corporate and politic II ATTESt: By: X1 ei nIu r Sara J. Fisher - airman County :Jerk STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of August, 2010, by Sara J. Fisher, as Chairman of the Board of County Commissioners of Eagle County, Colorado, a Colorado body corporate and politic. Witness my hand and official seal. My commission expires: /<9- // .' bi9 ( 0 ,t LL)A Notary Pub1 EAIIANCY R. WRIGHT NOTARY PUBLIC STATE OF COLORADO MY • Expires 12/18/2010 _2_ \\DE - 065064/000009 - 462719 vl Exhibit A Legal Description Parcel 1 LOT 1, BLOCK 2, EAGLE -VAIL SUBDIVISION, FILING NO. 2, ACCORDING TO THE PLAT RECORDED JANUARY 7, 1974 IN BOOK 232 AT PAGE 782, COUNTY OF EAGLE, STATE OF COLORADO. Parcel 2 THAT CERTAIN EASEMENT AND RIGHT OF WAY CREATED BY CONVEYANCE OF EASEMENT DATED SEPTEMBER 26, 1978, AND RECORDED ON OCTOBER 2, 1978, IN BOOK 276 AT PAGE 45, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, REPAIRING, ENLARGING, AND RECONSTRUCTING VEHICULAR PARKING AND PARKING STRUCTURES, WHICH EASEMENT AFFECTS THE FOLLOWING PARCEL: TRACT A, AMENDED FINAL PLAT, LOT 1A, BLOCK 2, EAGLE VAIL FILING NO. 2, ACCORDING TO THE PLAT RECORDED JUNE 13, 1978 IN BOOK 271 AT PAGE 85, COUNTY OF EAGLE, STATE OF COLORADO. A -1 \ \DE - 065064/000009 - 462719 v I L Exhibit B Permitted Exceptions 1. AL TAXES AND ASSESSMENTS FOR THE YEAR 2010 AND SUBSEQUENT YEARS, A LIEN NOT YE DUE AND PAYABLE (IF APPLICABLE) 2. TH RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE SUBJECT PROPERTY AS RESERVED IN PATENT OF THE UNITED STATES OF AMERICA RECORDED AUGUST 19, 1921, IN BOOK 93 AT PAGE 322. 3. A RIGHT OF WAY ON THE SUBJECT PROPERTY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN PATENT OF THE UNITED STATES OF AMERICA RECORDED AUGUST 19, 1921, IN BOOK 93 AT PAGE 322. 4. CO ENANTS, CONDITIONS AND RESTRICTIONS AND LIEN RIGHTS AS CONTAINED IN INS RUMENT RECORDED JULY 7, 1992 IN BOOK 584 AT PAGE 244 AND RESOLUTION RE RDED JULY 7, 1992 IN BOOK 584 AT PAGE 243. 10 AS SHOWN ON ALTA/ACSM SURVEY DATED JUNE 1, 2008, PROJECT NO. 101 - 35641, PREPARED BY KELLY L. MILLER, PLS NO. 37958, OF EAGLE COUNTY ENGINEERING DE' ' • TMENT, LAST REVISED JULY 1, 2010 NO E: PORTIONS OF SAID EASEMENT ARE VACATED IN DOCUMENT RECORDED DECEMBER 6, 1179 IN BOOK 295 AT PAGE 569. 5. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS CONTAINED IN RIGHT OF WAY EASEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED JANUARY 17, 1979 IN BOOK 280 AT PAGE 900. NOTE: QUIT CLAIM DEED PERTAINING TO THIS EASEMENT WAS RECORDED NOVEMBER 9, 1998 AT RECEPTION NO. 675428. 6. TES, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS CONTAINED IN UNDERGROUND RIGHT OF WAY EASEMENT GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED AUGUST 08, 1997 IN BOOK 734 AT PAGE 157. AND AS SHOWN ON ALTA/ACSM SURVEY DATED JUNE 1, 2008, PROJECT NO. 101- 35641, PREPARED BY KELLY L. MILLER, PLS NO. 37958, OF EAGLE COUNTY ENGINEERING DEPARTMENT, LAST REVISED JULY 1, 2010 7. UTI ITY AND DRAINAGE EASEMENTS TEN (10) FEET IN WIDTH ARE RESERVED ALONG EACH SID OF EVERY BACK LOT LINE OF EVERY LOT LINE IN THE EAGLE -VAIL SUBDIVISION FIL G NO. 2; IN ADDITION UTILITY AND DRAINAGE EASEMENTS SEVEN AND ONE -HALF (7 %2) FEE IN WIDTH ARE RESERVED ALONG EACH SIDE OF EVERY SIDE LOT IN SUCH SUB IVISION NOT FRONTING ON A DEDICATED STREET OR ROAD, AS RESERVED ON THE PLA RECORDED JANUARY 7, 1974 1N BOOK 232 AT PAGE 782. AND AS SHOWN ON ALTA/ACSM SURVEY DATED JUNE 1, 2008, PROJECT NO. 101 - 35641, PROJECT NO. 101 - 35641, PREPARED BY KELLY L. MILLER, PLS NO. 37958, OF EAGLE COUNTY ENGINEERING DEPARTMENT, LAST REVISED JULY 1, 2010 B -1 \\DE - 065064/000009 - 462719 vl 8. RIVER ACCESS AND DRAINAGE EASEMENT ALONG THE NORTHERLY LOT LINE OF SUBJECT PROPERTY AS SHOWN ON THE PLAT OF EAGLE -VAIL SUBDIVISION FILING NO. 2 RECORDED JANUARY 7, 1974 IN BOOK 232 AT PAGE 782. AND AS SHOWN ON ALTA/ACSM SURVEY DATED JUNE 1, 2008, PROJECT NO. 101- 35641, PREPARED BY KELLY L. MILLER, PLS NO. 37958, OF EAGLE COUNTY ENGINEERING DEPARTMENT, LAST REVISED JULY 1, 2010 9. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT: SAID LAND OR ANY PART THEREOF IS NOW OR AT ANY TIME HAS BEEN BELOW THE HIGHEST OF THE HIGH WATERMARKS OF THE EAGLE RIVER IN THE EVENT THE BOUNDARY OF SAID RIVER HAS BEEN ARTIFICIALLY RAISED OR IS NOW OR ANY TIME HAS BEEN BELOW THE HIGH WATERMARK, IF SAID RIVER IS IN ITS NATURAL STATE. SOME PORTION OF SAID LAND HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. SOME PORTION OF SAID LAND HAS BEEN BROUGHT WITHIN THE BOUNDARIES THEREOF BY AN AVULSIVE MOVEMENT OF THE EAGLE RIVER, OR HAS BEEN FORMED BY ACCRETION TO ANY SUCH PORTION. 10. EXISTING LEASES AND TENANCIES 11. AMENDED AND RESTATED EAGLE -VAIL PUD GUIDE RECORDED OCTOBER 18, 2006 AT RECEPTION NO. 200628614 AND TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS CONTAINED IN RESOLUTION NO. 2006 -103 IN CONNECTION THEREWITH RECORDED NOVEMBER 2, 2006 AT RECEPTION NO. 200630158 12. ANY RIGHT, TITLE, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF MATTERS SHOWN ON THE ALTA/ACSM SURVEY DATED JUNE 1, 2008, PROJECT NO. 101 - 35641, PREPARED BY KELLY L. MILLER, PLS NO. 37958, OF EAGLE COUNTY ENGINEERING DEPARTMENT, LAST REVISED JULY 1, 2010, INCLUDING TELECOMMUNICATION LINES AND SANITARY SEWER LINES TRAVERSING THE SUBJECT PROPERTY B -2 \ \DE - 065064/000009 - 462719 vl � i