TC Res. No. 2009-09 TEMPORARY EASEMENT AGREEMENTEXHIBIT A
RESOLUTION NO. 09-09
SERIES OF 2009
A RESOLUTION APPROVING THE TEMPORARY EASEMENT AGREEMENT
FOR A PARCEL OF LAND, TE -68B, LOCATED AT LOT 68, BLOCK 2,
BENCHMARK AT BEAVER CREEK, AMENDMENT 6; 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-
68B, at lot 68, Block 2, Benchmark at Beaver Creek, Amendment 6, for the purpose of
constructing the East Beaver Creek Boulevard Streetscape Improvements, is hereby
approved by the Town of Avon:
ADOPTED THIS ocUiL DAY OF d0--1 C L.
u GF
To
, 2009.
TO. OUNC
O JF AVON, OLORADO
'-'Ronald C. Wolfe, Mayor
J:TIP \E Bvr Ck Blvd \6.0 RW Acquisition \6.2 Properties \6.2.8 City Market - Lot 68\Resolution 09 -09 Temp Easement.doc
u
CM -426
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That Dillon Real Estate Co., Inc., a Kansas
corporation, (Grantor), whose address is 65 Tejon Street, Denver, Colorado 80223, in consideration
of ONE THOUSAND ONE HUNDRED FIFTY FOUR DOLLARS ($1,154.00), in hand paid,
receipt of which is hereby acknowledged, 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, subject to the terms and conditions contained in this Temporary Construction
Easement Agreement ( "Easement Agreement ") to establish and maintain site grades and drainage
compatible with the East Beaver Creek Boulevard Streetscape Improvements project over and across
the tract of land described in Paragraph 1 below.
The parties further agree as follows:
1. Grantor owns Lot 68, Block 2, Benchmark At Beaver Creek, Amendment No. 6, Avon,
Colorado ( "Property "), which Property is more particularly described in Exhbit A attached hereto
and made a part thereof. Grantor grants to the Town a temporary construction easement for the
purpose of constructing the improvements as described in Exhibit B attached hereto and made a part
hereof. 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 ontoor interference with
the existing parking lot located on the Property during construction or upon the completion of
construction activities.
2. To the extent permitted by law, the Town indemnifies, defends, and holds Grantor
harmless against any claims or liabilities related to the Town's activities on the Property pursuant to
the easement granted hereunder. This provision shall survive the Term of this Easement Agreement.
3. 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 default hereunder. This provision
Lot 68, Block 2, Benchmark At Beaver Creek, Amendment No. 6, Temporary Construction Easement
Agreement
Page 1 of 5
CM -426
shall survive the Term of this Easement Agreement.
4. The Town agrees that neither it nor its planners, engineers, surveyors, architects or other
agents or consultants will dispose of, generate, manufacture, release or store environmentally
hazardous substances on or about the Property, and that the fill deposited pursuant to Paragraph 1
above and Exhibit B shall not contain any environmentally hazardous substances.
5. Upon completion of construction of East Beaver Creek Boulevard Street Improvements,
all materials placed by the Town on the Property (including construction materials and debris) will
be removed from the Property, at the Town's sole cost and expense, and the Property will be returned
to the same condition as existed prior to the Town's use of the Property, except as specified in the
Construction Plans attached hereto as Exhibit C. If the Town fails to return the Property to the
condition that existed prior to the Town's use of the Property or fails to grade and establish drainage
for the Property consistent with the Construction Plans, the Town will promptly reimburse Grantor
for any and all costs reasonably incurred by Grantor in returning the Property to its prior condition or
in establishing grading and drainage on the Property consistent with the Construction Plans.
6. The Construction Plans for the East Beaver Creek Boulevard Streetscape project will be
modified to include the Property in the project limits, and the contractor will be required to provide
general liability insurance, covering activity on the 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 accessing the Property for the first time.
7. Notwithstanding anything contained in this Easement Agreement to the contrary, Grantor
may terminate the easements granted hereunder upon ninety (90) days written notice to the Town.
8. 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: (i) 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: Dillon Real Estate Co., Inc.
65 Tejon Street
Denver, CO 80223 Attn: Real
Lot 68, Block 2, Benchmark At Beaver Creek, Amendment No. 6, Temporary Construction Easement
Agreement
Page 2 of 5
Estate Dept.
Town of Avon: Town of Avon
One Lake Street
P.O. Box 975
Avon, CO 81620
Attn: Town Engineer
CM -426
9. 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.
10. 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.
11. 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. 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.
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
Lot 68, Block 2, Benchmark At Beaver Creek, Amendment No. 6, Temporary Construction Easement
Agreement
Page 3 of 5
CM -426
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.
Lot 68, Block 2, Benchmark At Beaver Creek, Amendment No. 6, Temporary Construction Easement
Agreement
Page 4 of 5
CM-426
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement
Agreement on the date first written above.
DILLON REAL ESTA
a K-
B . sas orp ation
y-e
Tb." W. *(Ama4--
VicA f4A&jda.M -t
STATE OF o * 1 '1 1 1 i-
TE CO., INC.,
Y� IIBYF
bK
DEt
ss.
COUNTY OF X64'
kAyd' The foregoing instrument was acknowledged before me this day of
2009, by f" W. iklotrv-&•+ as Vi cc IA&6' of
pi lkw% KX0A (car.or_e Vt.l• o-��. a(r + CRYp ^
O: N. NUJ %<
Witness my hand and official seal. My commissio ei LINDA L. JORG
i otary Public, State of Ohio
" ' e My Commission Expires
November 15, 2009
Notary Public 1
Easement Agreement accepted and approved by the Town of Avon.
By: Date:
Ronald C. Wolfe
Attest:
Patty McKenny, Town Clerk
Lot 68, Block 2, Benchmark At Beaver Creek, Amendment No. 6, Temporary Construction Easement
Agreement
Page 5 of 5
k
er- Mountain
+GINEERING
�k
Civil Engineers & Surveyors
REAL PROPERTY
TO BE ACQUIRED FOR TEMPORARY EASEMENT FOR THE
TOWN OF AVON, EAST BEAVER CREEK BOULEVARD RECONSTRUCTION
PARCEL TE -68A
DESCRIPTION
A PARCEL OF LAND NO. TE -68A OF THE TOWN OF AVON, STATE OF COLORADO, CONTAINING 0.010
ACRES, MORE OR LESS, SITUATED IN LOT 68, BLOCK 2, BENCHMARK AT BEAVER CREEK,
AMENDMENT NO. 6, AS RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE
COUNTY, COLORADO, AT BOOK 282, PAGE 111, ON FEBRUARY 20, 1979 AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 68 AND BEING ON THE SOUTH RIGHT
OF WAY LINE OF EAST BEAVER CREEK BOULEVARD;
THENCE SOUTH 61046'15" EAST ALONG THE NORTH LINE OF SAID LOT COMMON TO SAID RIGHT
OF WAY LINE A DISTANCE OF 4,46 FEET TO THE TRITE POINT OF BEGINNING;
THENCE SOUTH 54022'15" WEST A DISTANCE OF 31.40 FEET;
THENCE SOUTH 35 037'45" EAST A DISTANCE OF 3.00 FEET;
THENCE NORTH 54022'15" EAST A DISTANCE OF 23,18 FEET TO A POINT OF CURVATURE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 10.00 FEET;
THENCE ALONG SAID CURVE A DISTANCE OF 11.86 FEET THROUGH A CENTRAL ANGLE OF
67 °57'42 ", HAVING A CHORD BEARING AND DISTANCE OF NORTH 88 °21'06" EAST, 11.18 FEET TO
A POINT OF TANGENCY;
THENCE SOUTH 57 040'03" EAST A DISTANCE OF 31.52 FEET;
THENCE SOUTH 61 035'48" EAST A DISTANCE OF 15.50 FEET;
THENCE SOUTH 64 052'23" EAST A DISTANCE OF 18.70 FEET;
THENCE NORTH 35 °37'15" EAST A DISTANCE OF 3.17 FEET TO A POINT ON THE NORTH LINE OF
SAID LOT COMMON TO THE SOUTH RIGHT OF WAY LINE OF EAST BEAVER CREEK BOULEVARD;
THENCE NORTH 54 02245" WEST ALONG SAID COMMON LINE A DISTANCE OF 9.91 FEET;
THENCE NORTH 61046'15" WEST ALONG SAID COMMON LINE A DISTANCE OF 64.96 FEET TO THE
TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 426 SQUARE FEET (0.010 ACRES), MORE OR LESS.
DENVER OFFICE
6551 S. Revere Pkwy., Suite 165 1 Centennial, CO 80111 1 Phone: 303.948.6220 ( Fax: 303.948.6526
VAIL VALLEY OFFICE
40807 U.S. Highway 6, Suite 203 1 PO Box 978 1 Avon, CO 81620 1 Phone: 970.949.5072 1 Fax: 970.949.9339
I HEREBY STATE THAT THE ABOVE DESCRIBED LEGAL DESCRIPTION HAS BEEN PREPARED BY ME
OR UNDER MY DIRECT SUPERVISION,
DECEMBER 8, 2008
PREPARED BY.,
INTER - MOUNTAIN ENGINEERING, LTD.
40801 US HIGHWAY 6, SUITE 203
P.O. BOX 978
AVON, COLORADO 81620
DUANE D. FEHRINGER, P.E. & P.L.S. 26626
PROJECT NO.: 08 -0023S
w
_o
a / J
o:
z
%K
Z
/ CL w
N .a
/ G
l �-
t-
Q � /
/il
LO
rp
l^
�p
M
0
o
Q
a m
0
Yj
\ \ Q $h i
Q i fi
0
Q LL1
00 LJJ
(o Lt w \ 6
e�
U
Q �
U
0O
Q o
Q w d
W
W
m
W
k W
W
W
o
wz
�`
!h
W
z
Li'j
\ fo
NZ-
N
Z
o
l
0
a
x
�
O
zW
W
\
�
cq
mZV}((flZ
\
�V
to
d'
Lf)
I�'�}r
\
\
Z
Yj
\ \ Q $h i
Q i fi
0
Q LL1
00 LJJ
(o Lt w \ 6
e�
U
Q �
U
0O
Q o
Q w d
W
W
W
W
k W
W
W
o
wz
�`
!h
to
t17
Li'j
aM
Q
NZ-
d'
to
H
M
�
cq
mZV}((flZ
;t
r
to
�V
to
d'
Lf)
I�'�}r
e}to
Z
w
Qp000N00
ZCi
M10
N
Lf)
M
wNLnuN�nNoNo��rnyyor
�_J�_lJ_IJJ_I
Yj
\ \ Q $h i
Q i fi
0
Q LL1
00 LJJ
(o Lt w \ 6
e�
U
Q �
U
0O
Q o
Q w d
-C:s
Z -,
ocean.
oz ¢
�v 0 ; Ln
�j z�aoo
PA
i
d
a
0W y
�r
44 C
fi
j :w
U
:[
a�
0
o
wz
ffizw
-C:s
Z -,
ocean.
oz ¢
�v 0 ; Ln
�j z�aoo
PA
i
d
a
0W y
�r
44 C
fi
j :w
U
:[
5 }� Intern- Mountain
ENGINEERING
Civil Engineers & Surveyors
REAL PROPERTY
TO BE ACQUIRED FOR TEMPORARY EASEMENT FOR THE
TOWN OF AVON, EAST BEAVER CREEK BOULEVARD RECONSTRUCTION
PARCEL TE -68B
DESCRIPTION
A PARCEL OF LAND NO. TE -68B OF THE TOWN OF AVON, STATE OF COLORADO, CONTAINING 0.002
ACRES, MORE OR LESS, SITUATED IN LOT 68, BLOCK 2, BENCHMARK AT BEAVER CREEK,
AMENDMENT NO. 6, AS RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE
COUNTY, COLORADO, AT BOOK 282, PAGE 111, ON FEBRUARY 20, 1979 AND BEING MORE
PARTICULARLY'! DESCRIBED AS FOLLOWS:
THE TRUE POINT OF BEGINNING BEING THE NORTHEAST CORNER OF SAID LOT AND BEING ON
THE SOUTH RIGHT OF WAY LINE OF EAST BEAVER CREEK BOULEVARD;
THENCE NORTH 54 022'45" WEST ALONG THE NORTH LINE OF SAID LOT COMMON TO THE SOUTH
RIGHT OF WAY LINE OF SAID EAST BEAVER CREEK BOULEVARD A DISTANCE OF 29.66 FEET;
THENCE SOUTH 35037'15" WEST A DISTANCE OF 3.00 FEET;
THENCE SOUTH 54 022'45" EAST A DISTANCE OF 28.64 FEET TO A POINT ON THE EAST LINE OF
SAID LOT;
THENCE NORTH 54022'15" EAST ALONG SAID EAST LINE A DISTANCE OF 3.17 FEET TO THE TRUE
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 87 SQUARE FEET (0.002 ACRES), MORE OR LESS.
I HEREBY STATE THAT THE ABOVE DESCRIBED LEGAL DESCRIPTION HAS BEEN PREPARED BY ME
OR UNDER MY DIRECT SUPERVISION.
DECEMBER 8, 2008
PREPARED BY:
INTER- MOUNTAIN ENGINEERING, LTD,
40801 US HIGHWAY 6, SUITE 203
P.O. BOX 978
AVON, COLORADO 81620
DUANE D. FEHRINGER, P.E. & P.L.S. 26626
PROJECT NO.: 08 -0023S
DENVER OFFICE
6551 S. Revere Pkwy., Suite 165 1 Centennial, CO 80111 1 Phone: 303.948.6220 1 Fax: 303.948.6526
VAIL VALLEY OFFICE
40801 U.S. Highway 6, Suite 203 1 PO Box 978 1 Avon, CO 81620 1 Phone: 970.949.5072 1 Fax: 970.949.9339
I,
pNp
�� 8m
Q t0
� Z
a
�a
O�
t... C4
J
N
ry
o � \
o w3w3 \
z Y
4 _ e i 6N4 M \ \ \
'0J
Q- A_
�s \
/
Co w
LIJ N
LLI
cfl
\�^
LL- L
/
xa
\ \
/
\ \
0
¢^ci
0-()0
\
/
z z
CL
O� w m
/
pNp
�� 8m
Q t0
� Z
a
�a
O�
t... C4
J
N
ry
o � \
o w3w3 \
z Y
4 _ e i 6N4 M \ \ \
'0J
Q- A_
�a
ZW
uo
W
ul
�N�
Z ~a
n Gp UI > W
1 V J a c
Wo
/ 'I-CL
W
W
Z
�j O
� a o
C13
a �
v o z
Co
C o
� U
N z
uj 0
Y
0
a
W
J
m
to
to
O
tgia
8a
119111 �,i
a a6�l
�s \
Co w
LIJ N
LLI
cfl
\�^
LL- L
y
xa
\ \
;ao
(.)U)
\ \
0
¢^ci
0-()0
\
�a
ZW
uo
W
ul
�N�
Z ~a
n Gp UI > W
1 V J a c
Wo
/ 'I-CL
W
W
Z
�j O
� a o
C13
a �
v o z
Co
C o
� U
N z
uj 0
Y
0
a
W
J
m
to
to
O
tgia
8a
119111 �,i
a a6�l
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, Town Engineelp( (f
Shane Pegram, Engineer II
Date: March 17, 2009
Re: Resolution No. 09 -09, Approving the Temporary Easement Agreement for a Parcel
of Land, TE -68B, Located at Lot 68, Block 2, Benchmark at Beaver Creek,
Amendment 6, For the Purpose of Constructing the East Beaver Creek Boulevard
Streetscape Improvements
Summary: Attached to this Memorandum is Resolution 09 -09, a Resolution that approves the
Temporary Easement Agreement necessary to construct the East Beaver Creek Boulevard
Streetscape Improvements on lot 68, Block 2, Benchmark at Beaver Creek, Amendment 6. Lot 68
is located at 260 Beaver Creek Place and is known as City Market.
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 south side of East Beaver Creek Blvd next to City Market. The new sidewalk will
be constructed within Town of Avon Right of Way. The parcel of land, TE -68B, allows construction
activities necessary to complete the sidewalk.
Financial Implications: There is $300,000 budgeted for the East Beaver Creek Blvd. Streetscape
Project. The $196 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 -09.
Proposed Motion: I move to approve Resolution No. 09 -09, Series of 2009, A Resolution
Approving the Temporary Easement Agreement for a Parcel of Land, TE -68B, Situated in Lot 68,
Block 2, Benchmark at Beaver Creek, Amendment 6, For the Purpose of Constructing the East
Beaver Creek Boulevard Streetscape Improvements
Town Manager Comme s
Attac -
Exhibit Resolution 09 -09, Series of 2009
Exhibit B Temporary Easement Agreement, TE -68B