TC Resolution 17-19 Approving Form of Trails Easement Agreement FULLAvon
COLORADO
RESOLUTION NO. 17-19
APPROVING FORM OF TRAILS EASEMENT AGREEMENT
WHEREAS, the Avon Town Council has determined that the construction of trails on property
adjacent to the Buffalo Ridge development will implement the Avon Trails Master Development Plan;
WHEREAS, the construction project will require a permanent easement and Section 2.1 of the
Avon Home Rule Charter provides that the Town Council may acquire real property interests and
Colorado Revised Statutes section 31-15-101(1)(d) provides that municipalities may acquire and hold
real property; and
WHEREAS, the Town Council finds that approval of the attached form of Trails Easement
Agreement will promote the health, safety, prosperity, convenience and general welfare of the Avon
community by facilitating the construction of planned trails to benefit the public.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES to approve the form of the
Trails Easement Agreement attached hereto as Exhibit A and further authorizes the Town Attorney and
Town Manager to negotiate such terms, conditions and revisions to the form of the Trails Easement
Agreement as may be appropriate, and authorizes the Mayor and Town Clerk to execute such Trails
Easement Agreements with property owners as necessary to implement the construction of trails on
property adjacent or near the Buffalo Ridge residential development.
ADOPTED August 22, 2017 by the AVON TOWN COUNCIL
By: Attest: 4no.-)Q— K-*.
nnie Fancher, MayorDebbie Hoppe, To�`n Clerl E 'A 1,
AFTER RECORDING RETURN TO:
Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: Town Clerk
TRAILS EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: [insert name of property owner],
("Grantor"), whose address is [insert address], in consideration of Ten Dollars ($10.00), to be
paid upon providing written notice of commencement of construction by the Town, and other
good and valuable consideration, does hereby grant, bargain, sell and convey to TOWN OF
AVON ("Town" or "Grantee"), a Colorado home rule municipality, whose address is P. O. Box
975, Avon, Colorado 81620, a non-exclusive trail easement, subject to the terms and conditions
contained in this Trails Easement Agreement ("Easement Agreement") to construct, establish,
use and maintain trails over and across the tract of land described in paragraph 1 below.
The parties further agree as follows:
1. Grantor owns [insert property description] ("Property"). Grantor grants to the Town a
non-exclusive easement for the purpose of designing, surveying, constructing, using and
maintaining a soft path recreational trail in the general locations on the property as such trails as
depicted in EXHIBIT A: DEPICTION OF TRAILS LOCATIONS. The use of the trails shall
be limited to non -motorized passive recreation open to the general public. The trails shall be
subject to the Town of Avon's general authority to impose rules and regulations for public trails.
The Town may erect signage constituent with other Town trails, subject to prior review and
approval by Grantor. The term of this Easement Agreement shall be in perpetuity.
2. Town agrees that it will stake the proposed alignment for any proposed trail construction,
re -construction or future realignment, which alignment shall be subject to prior approval by
Grantor. Grantor agrees to restore and revegetate any areas outside of the finished trail path on
or before completion of construction. Grantor reserves all rights to improve or use the Property
and if such improvements or use by Grantor conflicts with existing trails, then Town shall
relocate and reconstruction such trails at the Town's expense.
3. To the extent permitted by law, the Town indemnifies and holds Grantor harmless against
any claims or liabilities related to the Town's activities on the Property pursuant to the easements
granted hereunder. The Town, its planners, engineers, surveyors, architects and other agents and
consultants shall be prohibited from taking any action or omission that subjects the Property to
liens of any kind, including, but not limited to, construction, mechanic's or materialmen's liens
(collectively, "Liens"). In the event that the Property becomes subject to any such Liens directly
or indirectly through the action or inaction of the Town, its planners, engineers, surveyors,
architects or other agents or consultants, the Town shall discharge or bond off any such Liens
within five (5) days of the imposition of any such Liens and failure to do so shall constitute a
Trails Easement Agreement [form]
Page 1 of 3
default hereunder. This provision shall survive termination of the easement granted hereunder.
4. The Town agrees that it will not dispose of, generate, manufacture, release or store
environmentally hazardous substances on or about the Property, and that any fill deposited shall
not contain any environmentally hazardous substances.
5. All notices, requests, demands, and other communications required or permitted to be
given under this Trails Easement Agreement shall be in writing and sent to the addresses set
forth below. Each communication shall be deemed duly given and received: (i) if sent via e-mail
and receipt is confirmed via e-mail response by recipient; (ii) as of the date and time the same is
personally delivered with a receipted copy; (iii) if delivered by U.S. Mail, certified mail, return
receipt requested, upon delivery to the intended recipient, or on the date of the first refused
delivery, if applicable; or (iv) if given by nationally recognized or reputable overnight delivery
service, on the next day after receipted deposit with same.
Grantor: [insert Grantor contact info]
Town of Avon: Town of Avon
One Lake Street
P.O. Box 975
Avon, CO 81620
Attn: Town Engineer
[insert e-mail address]
6. Grantor reserves all rights attendant to its ownership of the Property including, but not
limited to: (a) the use and enjoyment of the Property for all purposes insofar as such use is
consistent with and does not impair any grant herein contained, and (b) sell and convey the
Property or any portion of it subject to this Easement Agreement.
7. Grantor covenants and agrees that it has good title to the Property and that it has good
and lawful right to grant this Easement Agreement, subject to any easements, liens, claims,
reservations, covenants, conditions and restrictions of public record or which are obvious from a
physical inspection of the Property.
8. In the event of any dispute resulting in litigation hereunder, the prevailing party shall be
entitled to recover all costs and expenses reasonably incurred by it in connection with the
enforcement of this Easement Agreement, including reasonable attorneys' fees and costs in
connection therewith.
9. This instrument is the complete integration of all understandings between the parties. No
prior or contemporaneous addition, deletion, or other modification shall have any force or effect,
unless embodied in this Easement Agreement in writing. No subsequent novation, renewal,
addition, deletion, or other amendment shall have any force or effect unless embodied in a
written amendment to this agreement properly executed by the Parties. No oral representation of
Trails Easement Agreement [form]
Page 2 of 3
any kind preceding the date of this Easement Agreement by any officer, employee, or agent of
Grantor at variance with the terms and conditions of this Easement Agreement, or with any
written amendment to this Agreement, shall have any force or effect nor bind the Grantor. This
Easement Agreement and any amendments to it shall be binding upon the parties and their
successors and assigns.
10. Each and every term, condition, or covenant of this Easement Agreement is subject to
and shall be construed in accordance with the provisions of Colorado law, any applicable state or
federal law. Such applicable law as may be amended from time to time, is expressly incorporated
into this Easement Agreement as if fully set out by this reference. Venue for any action arising
out of this Easement Agreement shall be in the District Court in the County of Eagle, Colorado.
11. The benefits and burdens of the Easement Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the Grantor has executed this Easement Agreement on the date first
written above.
STATE OF )
) ss.
COUNTY OF a4 La, )
Date: 0 Y 1 2.'Z I
The foregoing instrument was acknowledged before me this 2,3 day of
2017, by
Witness my hand and offici "all. ion expires: ►(7- 12i AZO
BRENDA ELIZABETHTDRRES p1AZ
r NOTARY PUBLIC
Notary Public STATE,q� jp 201X021234560
My Cconanhw1on Expires MOW 12, 2020
Easemgnt Agreement acct e an approve y e own o von.
By:
Jennie Fancher,
Debbie
Trails Easement Agreement [form]
Page 3 of 3
Date:
NOF AV
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EXHIBIT A: DEPICTION OF TRAILS LOCATIONS
Trails shown as M2 and M3 as they access and traverse the Property
are included in this Trails Easement Agreement