TC Res. No. 2009-06 APPROVING THE TEMPORARY EASEMENT AGREEMENTEXHIBIT A
RESOLUTION NO. 09-06
SERIES OF 2009
A RESOLUTION APPROVING THE TEMPORARY EASEMENT AGREEMENT
FOR A PARCEL OF LAND, TE -25A, LOCATED AT LOT 25, THE CHRISTIE
LODGE AT AVON, FOR THE PURPOSE OF CONSTRUCTING THE EAST
BEAVER CREEK BOULEVARD STREETSCAPE IMPROVEMENTS
WHEREAS, the Town of Avon entered into an Annexation and Development
Agreement with EMD LLC, PVRT NOTT I LLC, PVRT NOTT II LLC, and PVRT
NOTT III LLC, dated October 13, 1998, which required in Section 4.3(b)(iii) that the
Town of Avon acquire right -of -ways to a portion of East Beaver Creek Boulevard as
necessary for improvements to be constructed by Traer Creek Metropolitan District;
WHEREAS, the Town Council has previously directed, authorized, and budgeted for
acquisition of easements required for the East Beaver Creek Boulevard Streetscape
Improvements;
WHEREAS, Colorado Revised Statutes section 31- 15- 101(1)(a) provides that
municipalities may acquire and hold real property; and,
WHEREAS, the Town Council finds that acquisition of the Temporary Easement
attached hereto shall promote the health, safety and general welfare of the Avon
community by allowing improvements to East Beaver Creek Boulevard that enhance
traffic circulation;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that the temporary easement agreement, TE-
25A, at lot 25, The Christie Lodge at Avon, for the purpose of constructing the East
Beaver Creek Boulevard Streetscape Improvements, is hereby approved by the Town of
Avon:
ADOPTED THIS ,c--�� DAY OF t
AVON, COL RADO
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C. Wolfe, Mayor
JAC[P\E Bvr Ck Blvd \6.0 RW Acquisition \6.2 Properties \6.21 Christie Lodge - Lot 25\Resolution 09-06 Temp Easement.doc
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JAC[P\E Bvr Ck Blvd \6.0 RW Acquisition \6.2 Properties \6.21 Christie Lodge - Lot 25\Resolution 09-06 Temp Easement.doc
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That The Christie Lodge Owners Association,
Inc., a Colorado nonprofit corporation, ( "Grantor "), whose address is 47 Beaver Creek Boulevard, in
consideration of Sixteen Thousand Two Hundred Thirty Five DOLLARS ($16,235.00), 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 temporary construction easement (the "Easement "), subject to the terms and
conditions contained in this Temporary Construction Easement Agreement ( "Easement Agreement ").
The Town shall utilize the Easement to construct the improvements described in Exhibit A attached
hereto and to establish and maintain site grades and drainage compatible with the East Beaver Creek
Boulevard Streetscape Improvements project as provided in the Construction Plans in Exhibit B
attached hereto.
The parties further agree as follows:
L Grantor is the Owners' Association formed pursuant to the Amended and Restated
Condominium Declaration for The Christie Lodge (the "Project "). Grantor does hereby grant to the
Town the Easement pursuant to the terms and conditions of this Easement Agreement. The property
subject to this Easement shall be the first 10 feet of the Common Elements of the Project bordering
East Beaver Creek Boulevard (the "Easement Property") as more particularly described and depicted
on Exhibit B attached hereto. The term of this temporary construction easement shall begin on April
1, 2009, and shall expire and be of no further force or effect on December 31, 2009 ( "Term "). As part
of this easement agreement, the Town agrees that there will be no encroachment or interference into
the existing parking lot located on the Property during construction or upon the completion of
construction activities and that access from Beaver Creek Boulevard will not be eliminated except as
may be necessary on a temporary basis to complete construction.
2. Town agrees that it will provide written notice of commencement of construction to the
Grantor at least 30 days prior commencement of construction. Town shall tender payment in the
amount of Sixteen Thousand Two Hundred Thirty Five DOLLARS ($16,235.00) as the stated
monetary consideration above along with tendering the written notice of commencement of
construction. In the event that construction does not commence for the East Beaver Creek Boulevard
Streetscape Improvements in 2009, then Town shall have no obligation to tender the monetary
consideration stated in this Temporary Construction Easement Agreement. Town agrees to use best
efforts to schedule the timing of construction to coincide with off - season to avoid conflicts and
business disruption that such construction may cause during peak season times. In the event that
Grantor seeks improvements to the Property during the Term which conflict with this Temporary
Construction Easement Agreement, Town agrees to consider modifications to this easement
agreement that accommodate Grantor's desire to improve the Property while allowing the Town to
construct the improvements described in Exhibit A.
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 Easement Property pursuant to the
DMW EST #6781690 v2
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 1 of 9
Easement 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 Easement
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 Easement 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
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 (other than de minimis amounts) on or about the Easement
Property, and that any fill deposited shall not contain any environmentally hazardous substances.
5. Upon completion of construction of East Beaver Creek Boulevard Streetscape
Improvements, all materials placed by the Town on the Easement Property (including construction
materials and debris) will be removed from the Easement Property, at the Town's sole cost and
expense, and the Easement Property will be returned to the same condition as existed prior to the
Town's use of the Easement Property, except as specified in the attached Construction Plans included
in Exhibit C. If the Town fails to return the Easement Property to the condition that existed prior to
the Town's use of the Easement Property or fails to grade and establish drainage for the Easement
Property consistent with the attached Construction Plans, the Town will promptly reimburse Grantor
for any and all costs reasonably incurred by Grantor in returning the Easement Property to its prior
condition or in establishing grading and drainage on the Easement Property consistent with the
Construction Plans,
6. The construction documents for the East Beaver Creek Boulevard Streetscape project will
be modified to include the Easement Property in the project limits, and the contractor will be required
to provide general liability insurance, covering activity on the Easement Property, consistent with the
remainder of East Beaver Creek Boulevard Streetscape project site, which insurance shall name
Grantor as an additional insured. The Town shall deliver the certificate of insurance naming Grantor
as an additional insured prior to its use of the Easement Property.
7. All notices, requests, demands, and other communications required or permitted to be
given under this Easement Agreement shall be in writing and sent to the addresses set forth below.
Each communication shall be deemed duly given and received: (1) as of the date and time the same is
personally delivered with a receipted copy; (ii) 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 (iii) if given by nationally recognized or reputable overnight delivery service, on the
next day after receipted deposit with same.
Grantor: The Christie Lodge Owners' Association, Inc.
P.O. Box 1196
Avon, CO 81620
Attn: Lisa Siegert — Free, General Manager
DMW EST #6781690 v2
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 2 of 9
Town: Town of Avon
One Lake Street
P.O. Box 975
Avon, CO 81620
Attn: Town Engineer
9. Grantor reserves all rights attendant to its ownership of the Easement Property including,
but not limited to: (a) the use and enjoyment of the Easement Property for all purposes insofar as such
use is consistent with and does not impair any grant herein contained, and (b) the right to sell and
convey the Easement Property or any portion of it subject to this Easement Agreement.
10. Grantor covenants and agrees 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 Easement
Property.
11. In the event of any dispute or claim 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. This provision shall survive termination of this Easement Agreement.
12. 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 Easement Agreement properly executed by the Parties. No oral representation of 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 Easement 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 for the Term hereof.
13. 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.
14. 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 during the Term of this
Easement. If this Easement Agreement is recorded, it shall automatically terminate and be of no
further force or effect on December 31, 2009 and all rights of Grantee or Town hereunder shall expire
and be released of record without further action on the part of either party hereto.
DMW EST #6781690 Q
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 3 of 9
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement
Agreement on the date first written above.
THE CHRISTIE LODGE OWNERS
ASSOCIATION, INC.
Date: �' By: ' Y `'
Lynn Weao, its attorney -in -fact
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ��N day of March, 2009, by Lynn Weas, as
Attorney -in -Fact, of The Christie Lodge Owners Association, Inc., a Colorado corporation, on behalf of the
corporation.
Witness m hand and official seal. Seal
y #1 0 aq •y,
\ GHQ....... • Ry
Carol Green, Notary Public N 0 T A R y
My commission expires February 20, 2011.
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Easement Aw ement accepted an approved by the Town of Avon.
By: 14 loci
Ronald C. Wolfe C
3 MC F1{' � , vYy`
Attest:
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Pa 'Kenny, Clerk
DMWEST #6781690 v2
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 4 of 9
EXHIBIT A
East Beaver Creek Blvd Streetscape Improvements is the Annexation
and Development Agreement between Traer Creek Metro District and
TOA.
Traer Creek will widen Beaver Creek Blvd. & line up the exit in Christie's southeast
parking lot with Beaver Creek Place.
Town must fill their obligation by 4-1 -09 — appraisals, bid documents, & drawings
If Traer Creek has the money, they will start on 4 -15 -09
Widening the Road
The road is 24 feet wide + 3 feet = 27 feet + curb + gutter.
The sidewalk will not be moved on the east side.
Christie therefore will not lose any land or trees on the east side of the building.
Line up the exit in the southeast parking lot with Beaver Creek Place.
There will be a temporary construction agreement with an expiration date. There is no
permanent easement.
The town will fill in the existing exit with sod and trees.
Once the exit is recast, the work will be tied into our irrigation system. We will pick out
trees and they will add sod and maybe a park bench.
We are estimated to lose 3 parking spots — the new exit will need to be wider than the
current exit and the placement of the exit will possibly take more space.
There is .121 acre that the town will have appraised for the cost of the temporary rental of
the land. Christie Lodge will be paid this amount.
Traer creek has stopped building because of lack of funds so the town estimates they will
not start this project on 4/15/09. But if Traer Creek does start any more development,
they will be required to take care of the street and exit improvements mentioned above
first.
DMWEST #6781690 v2
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 5 of 9
EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT PROPERTY
Inter-Mountain
ENGINEERING
CJvii n firer r t & sur"Yors
REALPROFIZATY
I'D DE AWt1EM) FOA T°b MPORARY EAPrt MJ:,N E FOR TIM
1C)MN OF AVO' . f ATr REAVER C"t FFK BOULEVARD
PARCEL TL }5A
it MSCRIPTAJX*
A PARCEL OF Lm U NO, TE-25A OF THF.' UAA N OF AVON; STA1E OF C °01,0RAtio, C,CIiA : �k »IwttvCi o. 3s
ACRES, MORE OR LEST, SITUATED LN' LOT ZS, THE C'HRISTIE LO WE OF AVON, AS RFC Call D IN TIIE
OMCE OF THE CLERK, AND RYC.;OtiMA OF FAME CC71a'1vTY, COLORADO, AT BOOK 3100, PAGC 66k G1N
SfMNIAER 19, MO AND Yi1 M"(3x MORE PARTKVL.ARLY DFSCttlRED AS FOLLOWS
C`Q'4tMFNC)NG SAT T`tfts SOLt`MEAST CORNER OF SAD LOT AND 1Ef;NU ON T HE NORT4 K:QHT Of,
WAY LINE' CIF FAST 9L -AVFX CREEK T►Ciib1.1;1AA1,i SAND ON A CURVE- TO T141, LFF # HAVING A
RADI S OF 1W5,tjv Fet r'.
TtF6W1 ALONG AID CUR A'E AND S-k1D NORTH RIGHT Of WAY U vE or LAST DEAVER CREEK
FjOt,<i,1VFAR,@ OONIM N TO THE St'fS Mi LINE Of $A'D 4. 1'1 A DISTANCE OF 146,96 FEET THROUGH
.A CENM AL AMU'LE OF 3& V'2+ HAAVtNO A CHORD WiARING AN 3111 MANC'E OF';3 71 r11
1t0'Vm, S7" WE �r Z0,50 FF[T TO THE TRUE F'OIN OF DEGR,;NINCr
Tt1EtirI1 NfjRT11 7411.0 -2ffi' WT`. 4"i A DISTANCF t,1F 2063 FFF T`.
T11MC"C SO 1T17S"41i °M" WEST A D 5TAK(F OF 14 06 FEET:
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DMWEST #6781690 v2
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 6 of 9
THENCE NORTH 041 6` WES2 8 DISTANCE OF 2f07 FEET,
TXENQ� 'M)RTH 41'34*419` VVES*r A DISTANCE OF 23AS FEEV;
THENCE SOUTH liV,40'W WF47 A DISTANCE OP 29,91 FEET.
THENCE .9)*','I'K 58' 19'W WFST A MSTANCE OF 1940 fEETTOA POIN'T ONT"li LINE OF
SAID LOT CONM(ON TO *rfif: NOR Iii IUCANT OF WAY LKE OF EAST BEAVER CREEK BOULEVAPI)
AtO ON A CUR'4 TO THt LEFT ILA VISO A KAUIVS Or, 3716J FVVT;
THENCE A (PNtl &AlV CURVE AND SAW COMMON LINE A DISTANCII Of 224.14 KET THROt Kiff A
CENIRAL ANGIT OF N'461 X' RAVING A CHORD REAM0 AND DI$MANCE OF 11*0p 7 4
r- A.KT, 111 10 F f-ET TO A 110 1 VT OF TANU F KCY�
YHENCt SQRTH 63'0 V- EAST ALONG SAID COMMONLlNt ADIST ANC L 01'W,00 FrJ,,T TO A
POW Of CVRVATURE OF A CLIRVETO THERIG97 HAVNG A RADW9 OF 32$,00 FEET,
T'"NCF ALQN�U SAID (714KV% AND $All) COMMON LINF A DISTA' NCT. OF 1t15,00 FEU TRWI'Mi A
CENITRAL ANGLE OF IV.16* 3 r, HAVING A CHORD 8EAK:,S'U AND DtS l'ANC`f OF NOR I ti T2*291 0'-*'
LAST, 042 FECT 4-0 THE TRVE POINT Or UW*NNN*(;
TI i ri A 00 VE DZ$CR3W. D P A R (T 1, CONTAINS ia'S 9 W1 � A RF IT FT 4,0 121 A('R F-S t, M 09 V, ()A L FSS,
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DUANE 13, FEHXMEIL III & P,L.S, 26626
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DMWEST #6781690 v2
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 7 of 9
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DMWEST #6781690 v2
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 8 of 9
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DMWEST #6781690 v2
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 8 of 9
EXHIBIT C
CONSTRUCTION PLANS
DMW EST #6781690 v2
Lot 25, Christie Lodge and Town of Avon, Temporary Construction Easement Agreement
Page 9 of 9
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town EngineerV4
Shane Pegram, Engineer II
Date: March 17, 2009
Re: Resolution No. 09-06, Approving the Temporary Easement Agreement for a Parcel
of Land, TE -25A, Located at Lot 25, The Christie Lodge of Avon, For the Purpose
of Constructing the East Beaver Creek Boulevard Streetscape Improvements
Summary: Attached to this Memorandum is Resolution 09 -06, a Resolution that approves the
Temporary Easement Agreement necessary to construct the East Beaver Creek Boulevard
Streetscape Improvements on lot 25, The Christie Lodge of Avon. Lot 25 is located at 47 East
Beaver Creek Boulevard and is known as Christie Lodge.
Discussion: The 3`d Amendment of the Annexation and Development Agreement for The Village at
Avon, between the Town of Avon and Traer Creek Metro District, requires the Town to design and
obtain easements to install the East Beaver Creek Blvd. Streetscape Improvements by April 15,
2009. Traer Creek Metro district is required to pay the Town "out of pocket' costs for obtaining the
necessary easements. The Annexation and Development Agreement also requires that
construction is started by April 15, 2009 and completed by December 31, 2009.
The East Beaver Creek Boulevard Streetscape Improvement plans propose to construct a new
sidewalk along the west side of East Beaver Creek Blvd next to Christie Lodge. The new sidewalk
will be constructed within Town of Avon Right of Way. The plans also propose realigning the
existing Christie 'Lodge entrance with Beaver Creek Place. The parcel of land, TE -25A, allows
construction activities necessary to complete the sidewalk and entrance realignment.
Financial Implications: There is $300,000 budgeted for the East Beaver Creek Blvd. Streetscape
Project. The $16,235 required to obtain the Temporary Easement will be paid upon notification that
Traer Creek Metro District will construct the project. The Annexation and Development Agreement
requires the Metro District to reimburse the Town for money spent on obtaining the easement.
Recommendation: Staff recommends approval of Resolution No 09 -06.
Proposed Motion: I move to approve Resolution No. 09 -06, Series of 2009, A Resolution
Approving the Temporary Easement Agreement for a Parcel of Land, TE -25A, Situated in Lot 25,
The Christie Lodge of Avon, For the Purpose of Constructing the East Beaver Creek Boulevard
Streetscape Improvements
Town Mana r Com ts:
�f
At a� n
Exhibit A Resolution 09 -06, Series of 2009
Exhibit B Temporary Easement Agreement, TE -25A