TC Ord. No. 2014-12 APPROVING THE DEED OF EASEMENT FOR A PARCEL OF LAND, LOCATED AT LOT 2, RIVERSIDE AND LOT 1TOWN OF AVON
ORDINANCE 14 -12
SERIES of 2014
AN ORDINANCE APPROVING THE DEED OF EASEMENT FOR A
PARCEL OF LAND, LOCATED AT LOT 2, RIVERSIDE AND LOT 1
EAGLE RIVER AT AVON, TOWN OF AVON, COLORADO FOR THE
PURPOSE OF CONSTRUCTING THE EAGLE VALLEY TRAIL
WHEREAS, the Town Council has previously directed, authorized, and budgeted for acquisition
of easements required for the Eagle Valley Trail;
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may
acquire real property interests and Colorado Revised Statutes section 31- 15- 101(1)(d) provides
that municipalities may acquire and hold real property;
WHEREAS, the Town Council finds that acquisition of this Deed of Easement from The Vail
Corporation complies with and implements the Avon Comprehensive Plan, including Goal G.
Parks, Recreation and Open Space, Goal G1 "Provide an exceptional system of... trails .. to
serve the year -round leisure -time needs of area residents and visitors ... ;" Policy G1.2 "The
Town will continue to evaluate and acquire ... easements for ... trails and recreation ... ;"
Policy G1.3 "The Town's recreational trail'system will integrate with the regional trail system. .
. ; "; and, Policy G1.5 "The Town will coordinate with Eagle County .... in providing access
and linkage opportunities ... ;"
WHEREAS, the Town Council finds that acquisition of the Deed of Easement attached hereto
shall promote the health, safety and general welfare of the Avon community by allowing
improvements to the Eagle Valley Trail that enhance bicycle and pedestrian safety; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Deed of Easement Approved. The attached Deed of Easement for a Parcel of
land located at Lot 2, Riverside and Lot 1, Eagle River at Avon, Town of Avon, Eagle County,
Colorado, is hereby approved and accepted.
Ord. No 14 -12 Accepting Easement for Eagle Valley Trail from Vail
June 15, 2014
Page 1 of 3
Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and
Town Clerk are authorized to execute documents related to all documents approved in this
Ordinance and take such other actions as may be reasonably necessary to implement the actions
in this Ordinance, including but not limited to designating the order of recording of such
documents and executing other necessary and customary documents at closing which have been
reviewed and approved by the Town Attorney. 'The Mayor, Town Clerk and Town Attorney
may collectively review and approve the completion of documents, correction of typos,
grammatical errors, cross - reference errors, and revisions which do not alter the substantive terms
of any of the documents approved in this Ordinance.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications- of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[Signature page follows]
Ord. No 14 -12 Accepting Easement for Eagle Valley Trail from Vail
June 15, 2014
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 12,
2014 at the Council Chambers of the Avon Municipal Building, to ed at One Lake Street,
Avon, Colorado, on July 15, 2014.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least six days prior to final action by the Town Council.
ATTEST:
Debbie Hoppe oT wn Clerk
APPR D AS TO FO
Eric 'J. F61 own Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on August 12, 2014.
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Debbie Hoppe, To n Clerk
Ord. No 14 -12 Accepting Easement for Eagle Valley'rrail from Vail
June 15, 2014
Page 3 of 3
Eagle County, CO
Teak J Simonton
Pgs: 8
REC: $46.00
DOC: $0.00
DEED OF EASEMENT
201418574
10/29/2014
02:41:09 PM
TN
THIS DEED OF EASEMENT (this "Agreement ") is made this _/!C day of 201+
between THE VAIL CORPORATION, a Colorado corporation ( "Vail "), whose address is 390
Interlocken Crescent, Broomfield, Colorado 80021 and the TOWN OF AVON, a Colorado home
rule municipal corporation ( "Town "), whose address is P.O. Box 975, Avon, Colorado 81620.
RECITALS
A. Vail is the owner of certain real property located within the Town of Avon, Eagle
County, Colorado, identified as Lot 1, Eagle River at Avon and Lot 2 Riverside located on the
southeast corner of Highway 6 and Avon Road (the "Vail Property").
B. Town desires to construct public recreation path improvements to the Eagle River
Trail, located along the perimeter of the Vail Property, as generally shown on Exhibit A. attached
hereto and made part hereof, including all underground, surface and streetscape appurtenances
(the "Improvements ").
C. Town requests and the Vail agrees to enter into an easement agreement on the
Vail Property, subject to and based upon the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Vail and
the Town hereby acknowledge and agree as follows:
1. Grant. Vail hereby grants and conveys to the Town a non - exclusive perpetual
easement ( "Easement ") to install, operate, maintain, repair, reconstruct, replace, inspect and
remove, at any time and from time to time, the Improvements, together with access to and over a
portion of the Vail Property shown on Exhibit A (the "Easement Area ") for the purpose of Town
providing a recreation path accessible by the general public.
2. Limitations and Reservation of Rights. Vail reserves the right to use the Easement
Area for purposes which will not materially interfere with Town's full enjoyment of the rights in
this Agreement, including, but are not necessarily limited to, the following:
(a) Vail shall not erect or construct any building or other structure, or drill or
operate any well, or construct any permanent obstruction, or subtract from or add substantially to
the ground level in the Easement Area without obtaining the specific written permission of the
Town, which permission shall not be unreasonably withheld, delayed or conditioned;
(b) Vail shall take no action which would permanently impair or in any way
permanently modify the surface of, or the lateral or subjacent support for, the aforementioned
improvements and appurtenances within the Easement Area without obtaining the specific
written permission of the Town, which permission shall not be unreasonably withheld, delayed
or conditioned.
(c) Notwithstanding the foregoing, Vail reserves the right to place utilities
and /or to construct improvements within the Easement Area not inconsistent with the use of the
Easement and Vail agrees at its own expense to restore the Easement Area to its prior condition
in the event of the disturbance of the Easement Area. Further, Town hereby grants to Vail the
same rights, upon the same conditions, as are contained herein, on other portions of the
recreation path not on Vail's property provided Vail obtains and provides to Town the written
permission of the Vail of the property involved.
(d) Vail further reserves the right to temporarily or permanently relocate the
Easement to a new location reasonably acceptable to the Town in association with the
improvement of the Vail Property. Any such relocation shall be at the expense of Vail and shall
include replacement of the Improvements with improvements of similar condition and quality.
Any interruption of use of the Easement by the public shall be kept to a minimum.
(e) The Town covenants that neither it nor its employees, agents, contractors
or representatives shall dispose of, generate, manufacture, release or store environmentally
hazardous substances on or about the Easement Area. Vail disclaims any responsibility for any
environmental impact on or adjacent to the Easement Area arising from the construction and use
of the Easement.
(f) Nothing herein shall preclude or limit the Vail's ability to construct
improvements on the Vail Property, including, but not limited to, temporary closures of the
Improvements during construction, if necessary, and access to or from the Vail Property.
3. Liabili1y. Vail shall not be liable for any loss, injury, death or damage to any person
or personal property which may arise from the use or condition of the recreation path including,
but not limited to loss, injury, death or damages resulting from ice, water, rain, snow, gas,
electrical wires, fire or theft.
4. Indemnification. To the extent permitted by law, Town agrees to indemnify, defend
and hold harmless Vail, its designees, agents, employees, officers, directors, shareholders,
successors and assigns, the Easement and the Vail Property (including, without limitation, claims
made directly by the Town) from and against any and all claims, causes of action, costs,
damages, expenses and liabilities (including, without limitation, reasonable legal fees) arising
from or related to use of the Easement, and /or the Vail Property by (i) the Town, its designees,
agents, employees, officers, directors, shareholders, successors and assigns, (ii) the general
public or (iii) by any person acting through or on behalf of the Town (collectively, the "Town
Permittees"), arising from or related to any negligent acts or omissions, intentional misconduct
and any mechanic's or materialmen's liens caused or permitted by the Town or the Town
Permittees in connection with the Easement and /or the Vail Property or otherwise arising under
this Agreement, except those caused by the willful misconduct or gross negligence of Vail or its
designees, agents, employees, officers, directors, shareholders, successors or assigns.
2
5. Mechanic's Liens. The Town, its employees, agents, contractors and
representatives, shall be prohibited from taking any action or omission that subjects the
Easement area to liens of any kind, including, but not limited to, construction, mechanic's or
materialmen's liens (collectively, "Liens "). In the event the Easement area or the balance of
Vail's property becomes subject to any such Liens directly or indirectly through the action or
inaction of the Town, its employees, agents, contractors, or representatives, the Town shall
discharge and bond off any such Liens within five (5) days of the imposition of any such Liens,
and the failure to do so shall permit Vail to pursue all of its rights and remedies under this
Agreement, at law, or equity.
6. Statutory Basis. The parties agree that this Agreement is entered into in accordance
with the provisions of Colorado Revised Statutes §§ 33 -41 -101 et. Seq..
7. Insurance. The Town agrees to cause Vail to be an additional insured on its
commercial general liability insurance for bodily injuries or death of persons or property damage
occurring in or about the Easement granted to it pursuant to this Agreement. All such insurance
shall (a) generally cover the liability and indemnity obligations assumed by the Town under this
Agreement; (b) be primary and noncontributing with any insurance which may be carried by the
other party; and (c) provide that said insurance shall not be cancelled or coverage changed unless
thirty (30) days' prior written notice shall have been given to Vail. The Town shall furnish Vail
with a certificate or certificates evidencing that the required insurance policies are in full force
upon written request.
8. Commencement of Construction. In the event that the Town does not commence
construction on the Improvements by July 1, 2015, this Agreement shall automatically terminate
and be null and void. In such event, the Town shall, at its sole cost and expense, prepare and
execute such reasonable documentation that Vail deems necessary or appropriate to effect such
reversion in a form and content acceptable to Vail which document shall thereafter be recorded
in the real property records of Eagle County, Colorado.
9. Notices. All notices and other communications required or permitted under this
Agreement shall be in writing and shall be personally delivered or sent by certified mail, return
receipt requested, postage prepaid. Any such notice or other communication shall be effective when
such notice is delivered to the addresses set forth below:
If to Vail:
The Vail Corporation
Attn: Director of Land Development
137 Benchmark Road
P.O. 959
Avon, Colorado 81620
Email: bkennedy @vailresorts.com
With a copy to:
The Vail Corporation
3
Attn: Real Estate Counsel
390 Interlocken Crescent
Mailstop I -88
Broomfield, Colorado 80021
Email: legalnotices @vailresorts.com
If to Avon:
The Town of Avon
Attn: Virginia Egger
Town Manager
P.O. Box 975
Avon, CO 81620
Telephone: 970-748-4452
Email: vegger @avon.org
With a copy to:
Eric J. Heil, Esq., A.I.C.P.
P.O. Box 975
Avon, CO 81620
Telephone: 303-975-6120
Email: eheil @avon.org
10. Miscellaneous.
(a) Amendment. Modification. No provision or term of this Agreement maybe
amended, modified, revoked, supplemented, waived, or otherwise changed except by a written
instrument duly executed by the parties hereto.
(b) Entire Agreement. This Agreement constitutes and incorporates the entire
agreement among the parties hereto concerning the subject matter of this Agreement and supersedes
any prior agreements concerning the subject matter hereof.
(c) Severability. If any provision of this Agreement shall be held invalid,
illegal, or unenforceable in any jurisdiction, the validity, legality, and enforceability of the
remaining provisions of this Agreement shall not be impaired thereby; nor shall the validity,
legality, or enforceability of any such defective provisions be in any way affected or impaired in any
other jurisdiction
(d) Assignment. This Agreement is not assignable by the Town without the
prior written approval of Vail.
(e) Third -Party Beneficiaries. Except as provided herein, the agreements
contained herein are solely for the benefit of the parties hereto and no other person or entity shall be
a third party beneficiary thereof.
4
(f) Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
(g) Authorization. Each parry is authorized and empowered to execute this
Agreement and all necessary corporate action has been taken to authorize execution of this
Agreement.
(h) Execution. The parties shall execute and deliver such further documents as
may be reasonably required in order to effectuate the intent of this Agreement.
(i) Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to constitute an original; provided, however, that this Agreement will not
become binding upon any party unless and until executed (whether or not in counterpart) by all the
parties.
(j) Recording. This Agreement shall be recorded with the Clerk and Recorder
for the County of Eagle, State of Colorado.
(k) Run with the Land; Successors and Assigns. The terms and provisions of
this Agreement shall run with the Vail Property and title to the Vail Property and be binding upon
and inure to the benefit of the successors and assigns of Vail. Subject to the provisions of contained
herein, the terms and provisions of this Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the Town.
(1) Exhibits. All exhibits attached to this Agreement are incorporated herein by
this reference and made a part hereof.
(m) Provisions Incorporated in Deeds. Each provision contained in this
Agreement shall be deemed incorporated in each deed or other instrument by which any right, title
or interest in any of the Vail Property is granted, devised or conveyed, whether or not set forth or
referred to in such deed or other instrument.
[Remainder of page intentionally left blank]
[Signatures on following pages]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become effective
as of the date first written above.
VAIL:
THE VAIL CORPORATION, a Colorado
corporation
By:
Name: Alex enderian
Title: Senio Vice President & COO - VRDC
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The fore ping instrument was acknowledged before me this day of
20 �$ by Alex Iskenderun as Senior Vice President & COO - VRDC of
The Vail Corporation, a olorado corporation.
My commission expires: L�— '4— �'�
Witness my hand nd'official-s
ISABEL D. THOMPSON�
NOTARY PUBLIC Notary Public
STATE OF COLORADO
NOTARY ID 19974015476
1WC0MW86I0NLV*M!!%jM
[Town signature on following page]
2
TOWN:
TOWN OF AVON
By:
Rich Carroll, Mayor
ATTEST:
rJ,M� 4�UK?
Debbie Hoppe, To n Clerk
STATE OF COLORADO }
} ss.
COUNTY OF EAGLE }
The foregoing document was subscribed and sworn to before me this j S
day of hJ6 20 -4, by Rich Carroll as Mayor and Debbie Hoppe as Town Clerk of the Town
of Avon.
Witn ss my hand and seal. My commission expires: 3 - /" / e
otary Public
[End of signatures]
7
KENNETH B. DAM
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2010400e"5
MY COMMISSION EXPIRES 3/1 /2018
Easement Description
That part of Lot 1, Eagle River at Avon, and Lot 2, Riverside, according to the maps
thereof recorded at Reception Nos. 201007178 and 408979 respectively in the office of
the Eagle County, Colorado, Clerk and Recorder, described as follows:
Beginning at a point on the southerly boundary line of said Lot 1, also being the northerly
Right -of -Way line of U.S. Highway 6 & 24 whence the Center 1/4 corner of Section 12,
Township 5 South, Range 82 West of the Sixth Principle Meridian bears N48'18'56 "W 97.08
feet; thence departing said line 585'31'08 "E 9.67 feet; thence 16.52 feet along the arc of
a curve to the right, having a radius of 57.00 feet, a delta angle of 16'36'12 ", and a chord
that bears S77'13'02 "E 16.46 feet; thence S68'54'56 "E 34.71 feet; thence N19'39'43 "E 8.16
feet; thence S70'20'17 "E 18.00 feet; thence S19'39'43 "W 4.28 feet; thence S70'20'17 "E 41.00
feet; thence N19'39'43 "E 3.25 feet; thence 570'20'17 "E 22.08 feet; thence N19'39'43 "E 2.48
feet; thence 25.55 feet along the arc of a non - tangential curve to the left, having a radius of
17.90 feet, a delta angle of 81'46'07 ", and a chord that bears N65'05'33 "E 23.43 feet; thence
N24'12'30 "E 8.44 feet; thence S71'50'06 "E 156.09 feet; thence S4932'42 "E 10.84 feet; thence
34.11 feet along the arc of a non - tangential curve to the left, having a radius of 22.66 feet,
a delta angle of 86'15'08 ", and a chord that bears S17'10'41 "E 30.98 feet; thence S60'18'15 "E
13.41 feet to a point on the southerly boundary line of said Lot 2, also being the northerly
Right -of -Way line of U.S. Highway 6 & 24; thence the following two courses along said line:
1) N74- 07 -05-W (N74'21'44 "W) 82.31 feet; 2) 274.68 feet along the arc of a curve to the left,
having a radius of 3870.00 feet, a delta angle of VO4'00 ", and a chord that bears N71'30'23 "W
274.62 feet to the point of beginning, containing 0.1507 acres more or less.
Bearings shown in the above description have been rotated from platted [shown in ()] to
match found monuments in field.
Stan Hogfeldt A�
Colorado PLS #26598
Date:
LINE
BEARING
DISTANCE
ARC L�TANG5ENT
L1
585'31'08 E
g,g7'
L2
S68'54'S6 "E
34.71'
L3
N19'39 43 "E
8.16'
L4
S70'20 '17 "E
18.00'
L5
S19'39'43 "W
4.28'
L6
S70'20' 17 "E
41.00'
L7
N19'39'43 "E
3.25'
LS
570'20'17 "E
22.08'
L9
N19'3943 "E
2.48'
L10
N24'12'30 "E
Ill
571 50 06 E
156.09
L12
S48'32'42 "E
10.84'
L13
S60'1815 "E
13.41'
L14
N74'07'05
82.31'
LINE
BEARING
DISTANCE
ARC L�TANG5ENT
L1
585'31'08 E
g,g7'
L2
S68'54'S6 "E
34.71'
L3
N19'39 43 "E
8.16'
L4
S70'20 '17 "E
18.00'
L5
S19'39'43 "W
4.28'
L6
S70'20' 17 "E
41.00'
L7
N19'39'43 "E
3.25'
LS
570'20'17 "E
22.08'
L9
N19'3943 "E
2.48'
L10
N24'12'30 "E
8.44'
1
• • •• •
CURVE
DELTA ANGLE
RADIUS
ARC L�TANG5ENT
CHORD BEARING
CHORD L ENGTH
C1
16'36'32
5700'
16.52'
S77'13'02 'E
16.46'
C2
81'46 07"
17.90'
25.55'
N65'05'33 "E
23.43'
C3
86'15'08"
22.66'
34.11'
21.22'
517'10'41 E
30.98'
C4
04'04'00'
3869.99'
274.68'
137.40'
571'30'23 "E
274.62'
SEWER
EASEMENT
X��
N48'18'56 "W
97.08' (TIE)
FOUND CX COR. SEC. 12,
T5S, R82W, 6TH P.M.
Wk" ALUM. CAP LS# 26626
(0.5' BELOW GRADE)
LOT 1
EAGLE RIVER
AT AVON
(R.N. 201007178)
t4
.`YL5<G L7
C4
PROPOSED
BRIDGE
LOT 2 TRACT A
RIVERSIDE RIVERSIDE
(R.N. 408979) (R.N. 408979)
PER......._...
EASEMENT
(SHADED)
ION S y�cywgY 6
& 24
: ice•. �, r'�.,.GL
41199 WGHWAY 6 & 24, EAGLE -VAIL 0 FOUND BRASS HWY
P.O. RDS 1Co. VqR� R.O.W. MONUMENT SET
EOWARDS, CO. 61632 �S�
(970)949 -1406 IN CONCRETE
PROPOSED
MSE WALL
(TYPICAL)
w
�_�l3
JOB No. 3288 -3