TC Resolution 18-03 Approving the Conveyance of a Sewer Easement to the ERWSDTOWN OF AVON
RESOLUTION 18-03
APPROVING THE CONVEYANCE OF A SEWER EASEMENT
TO THE EAGLE RIVER WATER AND SANITATION DISTRICT
WHEREAS, the Avon Town Council desires to convey water and sewer line and convey a sewer
easement located on Tract G, Benchmark at Beaver Creek Subdivision also known as H.A. Nottingham
Park; and
WHEREAS, the Town Council is authorized to convey easements on real property Colorado Revised
Statutes section 31-15-101(1)(d); and
WHEREAS, the Eagle River Water and Sanitation District will assume responsibility for the
maintenance and repair of the water and sewer lines in accordance with its policies; and
WHEREAS, the Town Council finds that conveyance of the water and sewer lines to the Eagle River
Water and Sanitation District will promote the efficient maintenance of water and sewer infrastructure
serving the Town's property.
THEREFORE, BE IT RESOLVED BY THE TOWN OF AVON that the Avon Town Council hereby
approves the conveyance of the Sewer Easement attached hereto as Exhibit A.
ADOPT D January 9, 2018 by the AVON TOWN COUNCIL
By: Attest:
nme Fancher, Mayor Debbie Hoppe, TAn Cler '� , •'
After recording, please send to:
Eagle River Water & Sanitation District
846 Forest Road
Vail, CO 81657
Attn: "r i) r,
Eagle County, CO
Regina O'Brien
Pgs: 3
REC: $23.00
DOC: $0.00
.............
SEWER EASEMENT
201800839
01/16/2018
05:03:43 PM
THIS EASEMENT is made on January 9, 2018, by and between the Town of Avon, Colorado,
a home rule municipal corporation ("Grantor"), its successors and assigns, and the Eagle
River Water & Sanitation District, a Title 32 special district quasi -municipal corporation of the
State of Colorado within the County of Eagle, ("District").
WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration paid by the District to Grantor, the receipt of which is hereby
acknowledged, the Grantor does hereby grant, convey and transfer unto the District, its
successors and assigns, a perpetual easement and right to construct, install, remove,
replace, add to, maintain, repair, operate, change or after underground sewer lines and all
underground and surface appurtenances related thereto such as lift stations and manholes
(hereinafter "sewer lines"), together with any and all sewer lines situate therein, all
necessary rights-of-way 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, to -wit:
See EXHIBIT A attached hereto and incorporated herein by reference.
Grantor will at no time permit, place or construct any structure, building or improvement of
any kind, temporary or permanent, on, any part of the above-described premises.
Any structure, building or improvement located on the above-described premises as of the date
of this Easement, may be removed by the District without liability for damages arising
therefrom.
Following the completion of the purpose of any entry by the District upon such Easement for
any of the aforesaid objects, the District shall restore the premises to substantially the same
condition existing at the time of the entry thereon, except for shrubs, plants, sidewalks,
driveways or parking areas thereon located or damaged thereby.
All provisions of the 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.
Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day
and year first above written.
Town of Avon, Colorado
G OR-.
By: WFancher, Mayor
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing Easement was subscribed and sworn to before me o, 2018,
by Jennie Fancher, Mayor.
WITNESS my hand and official seal.
(S E A L) Q 1,
DEBORAH M HOPPE Notary Public
NOTARY PUBLIC
STATE OF COLORADO My commission expires:
NOTARY ID 20054028128
My commission Expires July 18, 2021 i
ACCEPTED by the District this on 5"Obry 1lP , 2018.
By:. General Manager
,
Page 2 of 2
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