TC Res. No. 2000-27.i i
TOWN OF AVON
RESOLUTION NO. 00-27
SERIES OF 2000
A RESOLUTION APPROVING THE TEMPORARY EASEMENT FOR GRANDVIEW, LOT
42, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, the Grandview PUD Zoning and Development Plan for Lot 42, Block 1,
Benchmark at Beaver Creek Subdivision (hereinafter referred to as "Grandview") approved by
Ordinance 99-4 included'a condition that a temporary access agreement be executed between the
property owner and the Town of Avon; and
WHEREAS, the Temporary Easement (a copy of which is attached hereto and made a
part hereof) complies with Ordinance 99-4 and the Grandview PUD and Development Standards;
and
WHEREAS, the Temporary Easement authorizes the property owner of Grandview to
access a portion of the Town of Avon's property, known as Tract B, Block 1, Benchmark at
Beaver Creek Subdivision and described therein as the."Easement Area" for the purposes of
temporary construction access, slope contouring and grading and slope maintenance, including
entering upon said Easement Area to grade, level, fill, drain, pave, build, maintain and construct
retaining walls.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO,
1. The Temporary Easement for Grandview complies with Ordinance 99-4 and the
Grandview PUD and Development Standards.
2. That the Town Council of the Town of Avon, Colorado does hereby approve the
attached Temporary Easement for Grandview.
ADOPTED THIS . 23 DAY OF may , 2000.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
APPROVED AS TO FORM:
Burt Levin, Town Attorney
TEMPORARY EASEMENT
r
THIS GRANT OF EASEMENT made and entered into this zday of L~~, 2000, by
and between TOWN OF AVON, a municipal corporation, whose address is P. 0. Box 975, Avon,
Colorado 81620 (hereinafter referred to as the "Grantor"), and J-Ar -4E5 Cam. TV U G(-
whose address is: Box 85, Avon, Colorado 81620 (hereinafter referred to as the "Grantee");
WITNESSETH THAT:
For Ten Dollars ($10.00) and other good and valuable consideration; the receipt,
and sufficiency of which are hereby acknowledged, the Grantor by these presents does hereby
grant unto the Grantee, its successors and assigns, a non-exclusive easement for property known
as Tract B, Block 1, Benchmark at Beaver Creek Subdivision, which is limited to:
Fifteen feet. (151011) of the northerly common property line between Lot 42,
Block 1, Benchmark at Beaver Creek Subdivision and Lot B, Benchmark at
Beaver Creek Subdivision and Twenty feet (201011) from the westerly common
property line between Lot 42, Block 1, Benchmark at Beaver Creek
Subdivision and Lot B, Benchmark at Beaver Creek Subdivision, described
on Exhibit "A" attached hereto and incorporated herein, (hereinafter referred
to as "Easement Area")
for the purposes of temporary construction access, slope contouring and grading and slope
maintenance, including entering upon said Easement Area to grade, level, fill, drain, pave,
build, maintain and rebuild a retaining wall, in accordance with plans approved by Grantor,
adjacent to the said Easement Area.
At the time of final landscaping, Grantee shall cause the Easement Area to be
restored to the same condition as it was prior to construction work subject to approval by the
Town of Avon. The Grantee shall in the future maintain'the Easement Area and the retaining
wall to the satisfaction of the Grantor.
This easement is for the benefit of and appurtenant to that land described as Lot.
42, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado.
This easement shall be used so as not to interfere with the rights, of public utilities having
easements or rights-of-way, either in existence or of record. Grantee, for itself, its successors and
assigns, agrees that it will repair and maintain the Easement Area at its own cost and expense.
Grantor shall have the right to use and occupy the Easement Area for any purpose
not inconsistent with Grantee's full enjoyment of the rights hereby granted.
Any liability for injury to person or property of Grantor, its employees, agents and
invitees, or of any third persons, as a result of or arising out of or relating to the use or occupancy
of the Easement Area by Grantee shall be borne by Grantee. Further, Grantee agrees to
indemnify, defend, and hold harmless Grantor, its successors and assigns, against any claims for
loss or damage which should result from, arise out of or be attributable to the use of the
Easement Area.
GRANTOR:
Town of Avon, Colorado
Town Council
y Yod or
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before. me this day of
2000, by Judy Yoder, Mayor, Avon Town Council.
My commission expires:
Witness my hand and official seal.
GRANTEE:
STATE OF COLORADO,
COUNTY OF.EAGLE
) ss.
The foregoing instrument was acknowledged before 'me this day of
2000, by James G. Tylich.
W ConvfdssW Expires
My commission expires:
3.wzw 1
Witness my hand and official
~08 ` I~
{ c
~ \ I I J~ I
/p
00
01-
.1.
I I I' 1 ► ~ 1
I I
V ~ 1 1
1 i ~ ~ r I I 1 ~ \ \ \ \ ~ 1 I
\ I ~ 1 i ~ 1 11 \ \ 1 ~ 1
~ 1 1 1 I I 1 1 ~ ~ 1 ~ ~ •'1~ 1 I
\ 1 1 1 1 ~ 1 , 1 1 \ \ o ,1't'~~, I s 1
o di
\ I II I 1 ~ ~ ~ 1 ~ ~ ~
\ 1 II I 1 \ . \ r 11
\ ~ 1 1 1 ~ \ 1 , I~rl~i I
\1 II I 1~ x I 1 I I I I tl y4
• ~ I 1 1 1 1 ) I I I ~ A ~:i
sl
Z \ a j ~ I b r +
Q \ 1 I I I I 1 / / / / /
T _ I
D OF
/
1 I I / 1x
/A C.
I / i / / I
/
I
.41
I
o* r:+lr ~w ~ aw
AVON 12.PLEX +...e.~.~..~ -922-1987
Contra Englneftgr Inc
)ING & DRAINAGE PLAN ••.u+
AVON. COLORADO M 1111111
Memo
TO: Honorable. Mayor and Town Council
Thm Bill Efting, Town Manager
Frone Ruth Borne, Community Development
Date May 18, 2000
P.0 Resolution No. 00-27, Grandview PUD and Development Standards
Lot 42, Block 1, Benchmark at Beaver Creek - Temporary Easement
Summary: The Grandview PUD and Development Standards approved by
Ordinance 99-4 required the owner of the property to obtain a Temporary Easement
from the Town for the use of Tract B, Block 1, Benchmark at Beaver Creek
Subdivision for grading and construction of retaining walls. The easement is
necessary for the owner to construct the 12-unit employee housing project.
Recommendation: Staff recommends approval of the Temporary Easement with
the owner of the Grandview property.
Town Manager Comments: T e-o-%cq,,, b e s e +k'040-
Attachment: Temporary Easement
ave Deed( Ivesk a0kV4.
Resolution No. 00-27