TC Ord. No. 1984-01279298
TOWN OF AVON
ORDINANCE NO. #84-1 EA HNNETTE PHILLIPS
SERIES OF 1984 GLE CTY. RECORDER
1
APR li I 04 PH '84
AN ORDINANCE OF THE TOWN OF AVON, COLORADO PROVIDING FOR THE
VACATION OF A DRAINAGE AND UTILITY EASEMENT IN LOT#63, BLOCK#2,
BENCHMARK AT BEAVER CREEK SUBDIVISION
WHEREAS, the Town Council of the Town of Avon, after due
investigation and consideration, has determined that the nature and
extent of the public use and the public interest to be subserved
is such as to warrant the vacation of that certain drainage and
utility easement described hereinbelow in this Ordinance;
NOW, THEREFORE, BE IT ORDAINED by the Town Council
of the Town of Avon, Colorado, that:
1. All that part of the 7 1/2-foot drainage and
utility easement along the east side of Lot 63, Block 2, Benchmark
at Beaver Creek Subdivision, as indicated on the official Plat
for the Town of Avon, County of Eagle, State of Colorado, as of
record, said easement herein vacated being further described
as indicated by cross-hatching marks on Exhibit A attached
hereto and incorporated herein by this reference, be, and the
same is, no longer required for public use and the public
interest will be subserved by such vacation.
2. After final passage of thisf„Ordinance, the Town
Clerk shall cause to be filed for record in the Office of the
Clerk and Recorder of the County of Eagle, State of Colorado,
a certified copy of this Ordinance.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED THIS 14TH DAY OF FEBRUARY, 1984, and a public
hearing on this Ordinance shall be held at the regular meeting
of the Town Council of the Town of Avon, Colorado, on the 28th
day of February, 1984 at 7:30 p.m. in the Municipal Building
`of ;jth-e,- Town of Avon, Colorado.
GF
"~l` Allan R Nottingh , Mayor
l_J
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this 28th day of February , 1984.
Allan R. ottingham,; ayor
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~ EXHIBIT A
DRAINAGE AND UTILITY EASEMENT
LOCATED IN LOT 63
F ICI2
A RESUB 62 64 AMENDMENT NOD 4v BENOCHMOARKLAAT BEAVE~R3 REEK OBLOCK
C AL PLAT
TOWN OF AVON. EAGLE COUNTY,COLORADO
O c N69°01'52"E 42H43'
N 20 58 08 W 42.43' N 65 056'0 8 W
SCALE N 65058'08"W 410.00 C 10.00
O~
Sri
N N 65°58'08"W N
1 72.47 .
\ cy 1 LOT 63
0 1 N
N
It
75
I - '
N
N 1 DRAINAGE & UTILITY EASEMENT---" _
9 563 6 OS "E
I o~ 13.39'
\ I OOH 0O
S65 5808 E 468.37
t BENCHMARK ROAD,A 50' ROADWAY Ei UTILITY EASEMENT /
75' DRAINAGE 8 UTILITY EASEMENT TO BE VACATED
LAND DESCRIPTION
A drainage and utility easement located in Lot 63, a resubdivision
of Lots 62,63 and 64, Block 2, Amendment No. 4, Benchmark at Beaver
Creek Official Plat, Town of Awn, Eagle County, Colorado, more
particularly described as follows:
Beginning at a point ccmnm to the Northeast corner of Lot 63 and the
Northwest corner of Lot.61, thence S24010'52"W, 194.45 feet along the
East property line of Lot 63 to a point common to the Southeast
corner of 'Lot 63 and the Southwest corner of Lot 61; thence N6505q'0131.7,
7.50 feet along the Southeasterly property line of Lot 63; thence
N24001152"E, 194.45 feet to a point on the Northeasterly property
line of Lot 63; thence along said line S65°58'08"E, 7.50 feet to the
point of beginning. Said easement contains 1,158 square feet.
16836
4 P.ti:
K44 a alpes to, 196+
NOTICE: According to Colorado law you must commence any KKBNA INC.
legal action based upon any defect in this survey within six
years after you first discover such defect. In no event. may any ` CONSULTING ENGINEERS AND
action based upon any defect in this survey be commenced more LAND SURVEYORS
than ten years from the date of the certification shown hereon. P.O•BOX97,EDWARDS,COLORADO 61632J3031926-3373
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CONVEYANCE OF EASE 11E11T
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PAGE 990
JOHNNETTE PHILLIPS
EAGLE CTY. RECORDER
THIS CONVEYANCE dated. February 14, 1984, is from PPL APR
DEVELOPMENT CORPORATION, California corporation ("PPL"), to
H.A.L. CONSTRUCTION, TNC., a Colorado corporation ("H.A.L.").
RECITALS
1. PPL is the record and beneficial owner of Lot 63 ("Lot
63"), Block 2, Amendment No. 4, Benchmark at Beaver Creek,
Official Plat, Town of Avon, according to the plat recorded April
21, 1981, in Book 321 at Page 910, County of Eagle, State of
Colorado.
. 2. H.A.L. is the record and beneficial owner of Lot 61
("Lot 61"), Block 2, as per the Official Plat-Town of Avon, Eagle
County, Colorado, and the Final Subdivision Plat-Amendment Number
4, Benchmark at Beaver Creel:, Eagle County, Colorado, recorded on
September 5, 1978, in Fool; 274 at Page 701.
3. PPL is in the pro
commercial structure on Lot
single level parking garage
beneath the existing ground
(within six inches or less)
which property line is also
ccss of constructing a residential and
63, which structure is to contain a
(the "Lot 63 Garage") located partly
level of Lot 63 and is to abut
the easterly property line of Lot 63,
the westerly property line of Lot 61.
4. H.A.L. contemplates but has not obligated itself to
construct a structure on Lot 61, which structure may contain a
parking garage (the "Lot 61 Garage") which may or may not be
located partly beneath the existing ground level of Lot 61, and
which may or may not abut the westerly property line of Lot 61.
5. In the event that II.A:L. constructs the Lot 61 Garage,
PPL desires to give H.A.L. the right to connect the Lot 61 Garage
to the Lot 63 Garage through the means of a passage way to allow
pedestrian and vehicular ingress and egress to the Lot 61 Garage
through the Lot 63 Garage to public walkways and highways.
6.1 T N E S SET H
PPL, for and in consideration of the sum of $10.00 and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, does hereby sell and convey to
H.A.L. a non-exclusive, perpetual easement and right of way
under, over, across and through such part of Lot 63 as comprises
the Lot 63 Garage, that part of Lot 63 located between the Lot 63
Garage and the easterly boundary line of Lot 63 and all ingress
and egress vehicular roads and pedestrian walkways connecting the
Lot 63 Garage to Benchmark Road, Town of Avon, Colorado, and the
Avon Town Mall, for the purpose of using the Lot 63 Garage and
such vehicular roads and pedestrian walkways for pedestrian and
vehicular ingress and egress between the Lot 61 Garage and
Benchmark Road, Town of Avon, Colorado, and the Avon Town Mall.
TO HAVE AND HOLD said easement and right of way unto H.A.L.
and its successors and assigns. The easement and right of way
hereby granted shall run with the land and shall be appurtenant
to L6t 61, such that a transfer of legal title to all or any
portion of the Lot 61 shall automatically transfer a
proportionate interest i_n this easement and right of way.
In consideration of this conveyance and the consideration
stated above, the parties hereto hereby further agree as follows:
1. PPL, at its sole cost and expense, shall construct the
easterly wall of the Lot 63 Garage such that an opening (the
"Passage Way") may be made in such wall at least- 20.0 feet wide
and 9.0 feet high (measured from the level of the Lot 63 Garage
floor), with the center of the Passage Way to be located on the
centerline of a main access lane in the Lot 63 Garage, simply by
cutting and removing the concrete composing the wall and without
the need for any additional. reinforcement, support beams or
headers being required to support the Passage Way.
2. PPL, at its sole cost and expense, shall open the
Passage Way for II,A.L.'s- use within 20 days of the request of
H.A.L.; provided, however, that such request must be in writing,
the Lot 61 Garage must be under construction and the request must
be accompanied by an executed and acknowledged conveyance of
easement from H.A.L. to PPL granting and conveying to PPL similar
rights of ingress and egress through the Lot 61 Garage as have
been provided to H.A.L. in the easement and right of way granted
herein through the Lot 63 Garage.
3. PPL, at its sole cost and expense, shall at all times
maintain the Lot 63 Garage and all ingress and egress vehicular
roads and pedestrian walkways connecting the Lot 63 Garage to the
Benchmark Road, Town of. Avon, Colorado, and the Avon Town Mall,
in good order, condition and repair.
4. PPL and H.A.L. agree that the Lot 61 Garage and that
part of the Passage Clay, if any, comprising the opening in the
Westerly wall of the Lot 61 Garage shall be constructed at the
sole cost and expense of H..A.L.; provided, however, that the cost
and expense of constructing that portion of the Passage Way, if
any, located between the easterly wall of the Lot 63 Garage and
the westerly wall of the Lot 61 Garage and the cost and expense.,
of connecting the Passage Way to such two walls shall be split
equally and paid one-half by PPL and one-half by H.A.L.
5. H.A.L. acknowledges and agrees that the easement and
right of way hereby granted shall confer no right upon H.A.L. to
park vehicles in the Lot 63 Garage-or use Lot 63 otherwise than
as granted herein.
Each provision of this Conveyance of Easement and agreement,
promise, covenant and undertaking to comply with each provision
of this Conveyance of Easement, and any necessary exception or
reservation or grant of title, estate, right or interest to
effectuate any provision of this Conveyance of Easement: (i)
shall be deemed incorporated in each deed or other instrument by
which any right, title or interest in any portion of Lot 63 or
Lot 61 is granted, devised or conveyed, whether or not set forth
or referred to in such deed or other instrument; (ii) shall, by
virtue of acceptance of any right, title or interest in any
portion of Lot 63 by an owner thereof, be deemed accepted,
ratified, adopted and declared as a personal covenant of such
owner and, as a personal covenant, shall be binding on such owner
and his heirs, personal representatives, successors and assigns;
and, shall be deemed a personal covenant to, with and for the
benefit of each owner of any portion of Lot 61; and (iii) shall
be deemed a real covenant by the parties hereto, for themselves,
their successors and assigns, and also an equitable servitude,
running, in each case, as a burden with and upon the title to
each and every portion of Lot 63.
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III WITPTESS WHEREOF, this Conveyance of Easement is executed
effective as of the date first-_ set forth above.
(SEAL)
(SEAL)
ATTEST :
I
Willianf J. o t,
Assistant Secretary
PPL DEVELOPMENT CORPORATION, a
California corporation
BY: ~ /
o ert c son,
Vice Pres dent
H.A.L. CONSTRUCTION, INC., a
Colorado corporation
BY:
Helmut A. Lz zsc zes,
President
The undersigned holder of a deed of trust upon Lot 63 hereby
consents to and subordinates its interest to the provisions of this
Conveyance of Easement.
BY:
STATE OF COLORADO )
sc .
COUNTY OF EAGLE )
President
.The regoing instrument was acknowledged before rye this
d 4f, scrcC ' 1.9<4, by Robert L. Jackson. as Vice President . _11 as Secretary of PPL Development
Corpo at , a .a orni.a corporation.
Witness my band and official seal.
Nl CUn11at IJIVIt
j .I~a nrl~i 1'f, t,,;:•
My commission expire,:
Notary u zc
Address : P. YPX 7 tv, CO. ?1(,,Ra
3
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STATE OF COLORADO )
ss,
COUNTY OF EAGLE )
The .foregoing; instrument was acknowledged before me this
z!;-!° day of 1984 , by Helmut A. Lilischkies as President
anat`William J. most as Assistant Secretary of H.A.L. Construction
Corporation, a Colorado corporation.
Witness my hard and official. seal.
My commission expires:
~
I-To 11-u is
Address: S Wt ~~~c•
F" j.
V. L
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
day of - , 1984, by as
President an as Secretary o
Witness my hand and official seal.
My commission expires:
Notary Public
Address:
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STATE OF COLORADO )
COUNTY OF EAGLE } SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN
COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE
28TH DAY OF FEBRUARY, 1984 AT THE MUNICIPAL BUILDING, 400
BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING
THE ADOPTION OF ORDINANCE NO.#84-1, SERIES OF 1984:
AN ORDINANCE OF THE TOWN OF AVON, COLORADO PROVIDING FOR THE
VACATION OF A DRAINAGE AND UTILITY EASEMENT IN LOT#63, BLOCK#2,
BENCHMARK AT BEAVER CREEK SUBDIVISION
A copy of said ordinance is attached hereto and is also on
file at the office of the Town Clerk and may be inspected
during regular business hours.
Following this hearing, the Council may consider final passage
of this Ordinance.
This notice given and passed by order of the Town Council of
the Town of Avon, Colorado.
Dated this 14th day of February, 1984.
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON FEBRUARY 15, 1984:
THE MAIN ENTRANCE OF THE POST OFFICE,
THE MAIN ENTRANCE TO CITY MARKET,
THE PESTER GAS STATION; AND
THE MAIN LOBBY IN THE MUNICIPAL BUILDING
TOWN OF AVON, COLORADO