PZC Res. No. 04-46TOWN OF AVON
RESOLUTION NO. 04-46
Series of 2004
A RESOLUTION APPROVING AMENDED FINAL PLAT
FOR THE VILLAGE (AT AVON) FILING 1, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Eagle Valley Surveying, Inc., the Surveyor of Record and Traer Creek - RP
LLC, Traer Creek Metropolitan District, Colorado Department of Transportation and the Town
of Avon, the owners of the applicable portion of The Village (at Avon) Filing 1 have filed an
Amended Final Plat for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado
to cure errors on the recorded final plat in accordance with Section 16.24.060 of the Avon
Municipal Code; and
WHEREAS, Section 16.24.060 of the Avon Municipal Code states, "the town council
may summarily grant permission to alter a final plat, by the filing of an amended plat, to cure
errors caused by mistakes which do not materially alter the substance of the plat as represented to
the Council." and
WHEREAS, the Amended Final Plat includes the field measured bearings and distances
for the exterior boundary of The Village (at Avon) Filing 1; and
WHEREAS, the addition of the field measured bearings and distances to the exterior
boundary of The Village (at Avon) Filing 1 does not materially alter the substance of The
Village (at Avon) Filing 1 Final Plat as approved by Council Resolution No. 01-33; and
WHEREAS, the Amended Final Plat does not alter any terms or conditions of the
original Final Plat approval; and
WHEREAS, the Amended Final Plat, The Village (at Avon) Filing 1 is in conformance
with Title 16, Subdivisions, in the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Amended Final Plat for The Village (at Avon) Filing 1 is in general conformance with the Final
Plat as approved by Town of Avon Resolution No. 01-33 and the Town of Avon hereby
approves the same subject to completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF NOVEMBER 2004.
��`tH OF AS ,v • lTOWN
COOUNC L, AVON, C LORADO
e� Albert D. Reynolds, yor
ATTEST: In .
R v 1
TOWN OF AVON
RESOLUTION NO. 04-46
Series of 2004
A RESOLUTION APPROVING AMENDED FINAL PLAT
FOR THE VILLAGE (AT AVON) FILING 1, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, Eagle Valley Surveying, Inc., the Surveyor of Record and Traer Creek - RP
LLC, Traer Creek Metropolitan District, Colorado Department of Transportation and the Town
of Avon, the owners of the applicable portion of The Village (at Avon) Filing 1 have filed an
Amended Final Plat for The Village (at Avon) Filing 1, Town of Avon, Eagle County, Colorado
to cure errors on the recorded final plat in accordance with Section 16.24.060 of the Avon
Municipal Code; and
WHEREAS, Section 16.24.060 of the Avon Municipal Code states, "the town council
may summarily grant permission to alter a final plat, by the filing of an amended plat, to cure
errors caused by mistakes which do not materially alter the substance of the plat as represented to
the Council." and
WHEREAS, the Amended Final Plat includes the field measured bearings and distances
for the exterior boundary of The Village (at Avon) Filing 1; and
WHEREAS, the addition of the field measured bearings and distances to the exterior
boundary of The Village (at Avon) Filing 1 does not materially alter the substance of The.
Village (at Avon) Filing 1 Final Plat as approved by Council Resolution No. 01-33; and
WHEREAS, the Amended Final Plat does not alter any terms or conditions of the
original Final Plat approval; and
WHEREAS, the Amended Final Plat, The Village (at Avon) Filing 1 is in conformance
with Title 16, Subdivisions, in the Avon Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, that the Town hereby finds and determines that the
Amended Final Plat for The Village (at Avon) Filing I is in general conformance with the Final
Plat as approved by Town of Avon Resolution No. 01-33 and the Town of Avon hereby
approves the same subject to completion of technical corrections as identified by Town Staff.
ADOPTED THIS cid DAY OF NOVEMBER 2004.
'A OF q`'qP TOWN C UN AVON, C LORADO
'•. CJ r3 �. e Albert D. Reynolds, *yor
AT ST: '
•+a-�1 cn. i n a na0
A PARCEL OF LAND
LAND USE SUMMARY
THE VILLAGE
IN SEC. 12, T 5 S. R
Parcel
Date of Survey: June I thru June 29, 2001
Area
Future Improvements on Lot I may be converted to tine -
Use
LOT I
111. 18
ACRES
Var I as to I nc l udle those
def i ned I n P. U. D. Gu I de
LOT 2
2)
3.90
ACRES
Regional Commercial
as defamed In P.U.D. Guide as parcels K and L
LOT 3
13.52
ACRES
Regional Commercial
as defined In P.U.D. Guide as parcels K and L
LOT 4
9.67
ACRES
Regional Commercial
as defined In P.U.D. Guide as parcels K and L
LOT 5
4.01
ACRES
Town of Avon Public
Works Facility
LOT 6
6.77
ACRES
Parkland as defined
in P. U. D. Guide (PI -P6 Parkland)
TRACT
A
10.02
ACRES
Roads, Trails/Sidewalks, Utilities and Drainage
TRACT
D
1.20
ACRES
Roads, Trails/Sidewalks, Utilities and Drainage
TRACT
C
2.66
ACRES
Roads, Trolls/Sidewalks, Utilities and Drainage
TRACT
D
2.13
ACRES
Park I and as defined
in P. U. D. Guide (Pl-P6 Park l and)
TRACT
E
2,00
ACRES
Park l and as def i ned
in P. U. D. Gu I de (P 1-P6 Park t and)
TRACT
F
5. 66
ACRES
Parkland as defined
In P. U. D. Guide (P1 -P6 Parkland)
TRACT
G
4.18
ACRES
Roads, Trails/Sidewalks, Utilities and Drainage
TOTAL 176.90 ACRES
NOTES,
Address
TINAL PLAT
(at AVON)
FILING 1
82 W, AND SEC. 7 AND 8, T
TOWN OF AVON
EAGLE COUNTY, COLORADO
0300-1000 East Drover Creek Boulevard
0101 Fawcett Road
0171 Yoder Avenue or 0104 Fawcett Road
0295 Yoder Avenue
0375 Yoder Avenue
500 Yoder Avenue
0100 Yoder Avenue
0235 Yoder Avenue
0551 Post Road
1)
Date of Survey: June I thru June 29, 2001
7)
Future Improvements on Lot I may be converted to tine -
sharing units.
8)
Per Flood Insurance Rate Maps F. I. R. M. Panel 241 of 500,
2)
Mon mentation as shown hereon
Community -Panel Number 080051 (3241 C, Mop Revised, January
25, 1983 and F. 1. R. M. Pone 1 243 of 500, Conrwin a ty Pane l
for
3)
Basis of Bearings Is a line connecting the existing 5/8'
Number 080051 0243 C, Map Revisedr January 25, 1983
rebar with aluminum cap (LS 9337) on the northerly line of
Eagle County, Colorado unincorporated area, The Village (at
the platted parcel, marking the point of beginning of the
Avon) Filing 1 falls within Zone C (Areas of minimal
parcel description, and an existing 2 1/2' diameter U.S,
flooding).
General Land Office brass cap an a 1' diameter iron pipe
9)
Tenporory/Permanent Roads
marking the North 1/4 corner of Section 7, T5S, RB1W, 6th
a) East Deaver Creek Boulevard and Chapel Place may be
P.M. being N10'17'20'W (see drawing for location).
located in temporary access easements but must be
maintained to a level consistent with Town of Avon
4)
All land depicted on this Plat is subject to the terns,
street maintenance parameters.
conditions, covenants, restrictions and easements defined
b) No building permit will be Issued or development
and described in the following documents recorded prior to
authorized on Lot 1, Filing I until permanent rights -of -
or contemporaneously with this Plat:
way are established and appropriate development and
a) Easements with Covenants and Restrictions affecting
subdivision improvennet agreements guaranteeing
construction of the permanent road improvements for East
Land
b) Declaration of Muster Design Review Covenants for
Beaver Creek Boulevard and Chapel Place are approved by
the Village (at Avon).
the Town of Avon.
c) Declaration of Covenants for The Village (at Avon)
10)
Utilities and Stormweter Facilities
Commercial Areas
a) Service for all utilities must be provided to nil parcels
5)
Notwithstanding anything contained on this Plat to the
created In conjunction with any re -subdivision of Lot 1.
contrary, except as set forth in Note 6 below, no road,
b) Adequate on-site and off' -site stormwater facilities
improvement, property or easement of any kind or nature
must be provided as determined to be necessary through
located on this Plat is dedicated to the Town of Avon or any
the Lot I re-subdivislon process, prior to the Issuance
other governmental entity.
of any building permit on Lot 1.
6)
Access within The Village (at Avon) Filing 1 is over limited
access roads to be built on Tracts and easements granted to
Truer Creek Metropolitan District pursuant to a Conveyance
of Roadways, Parkland and Easements recorded contemporaneously
with this Plat.
P.O. BOX 1230
EDWARDS, CO. $1632
(970)949-1406
SURVEYOR'S CERTIFICATE
I, Donnie Corcoran, do hereby certify that I an a Registered Land
Surveyor licensed under the laws of the State of Colorado, that
this Plat is a true, correct and complete Plot of 'The Village (at
Avon) Filing 1 as told out, platted dedicated and shown
hereon, that such Plat was rade from an accurate survey of sold
property by me and under my supervision and correctly shows the
location and dimensions of the lots, easements and streets of said
subdivision as the some are staked upon the ground In compliance
with applicable regulations governing the subdivision of land. All
monuments are set as required by the Subdivision Regulations of the
Town of Avon. pPapmumggpn
i.
In Itness whereof I have set my hari��,,,a�t* '� day of
-----, A. D. , 2002. • ? �Pk ee l'.%
OF
No. 16827
5 S, R 81 W, 6TH
CERTIFICATE OF DEDICATION AND OWNERSHIP
Know all men by these presents that Truer Creek LLC, a Colorado
Limited Liability Company, being sole owner in fee simple of all
that real property described as follows,
A parcel of tend located In the E 1/2 of Section 12, Township 5
South, Range 82 West of the Sixth Principal Meridian, the W 1/2 and
the SE 1/4 of Section 7, Township 5 South, Range, 61 West of the
Sixth Principal Meridian, and the SV 1/4 SW 1/4 of Section 8,
Township 5 South, Range 81 West of the Sixth Principal Meridian,
all In Eagle County, Colorado, said parcel lying southerly of the
Interstate Highway No. 70 right-of-way line, northerly of the
Denver and Rio Grande Western Rai lrood right-of-way lint and
easterly of Final Plat - Amendment Na 4 Benchmark at Deaver Creek,
according to the plat thereof recorded in the office of the Eagle
County, Colorado, Clerk and Recorder in Book 274 at Page 701, said
parcel being more particularly described as follows,
Beginning at a point an the southerly right-of-way line of said
Interstate Highway No. 70 whence the North 1/4 corner of said
Section 7 beers N10.17'20'W 3308.72 feet; thence the following
twelve courses along said southerly right -of -ray line:
(1) 570'22' 43'E 431.20 feet;
(2) S68'23' 13'E 333.90 feeti
(3) S51' 44' 13' E 352. 60 feet;
(4) S24' 13' 13' E 96. 20 feeti
(5) 545.43' 43' E 203.80 feet;
(6) S37. 16' 13' E 327.70 feet;
(7) S32' 40' 43' E 164.70 feet;
( 8) S50. 10' 13'E 210. 60 feet;
(9) S38' 45' 13' E 521.50 feet;
(10) S69' 45' 43' E 670. 90 feet;
(11) S80' 21' 43' E 654.70 feet;
(12) 335.72 feet along the arc of a curve to the right, having a
radius of 1734.90 feet, a central angle of 11'05'14', and a
chord that bears S72'06'02'E 335.19 feet to the easterly
line of sold SW 1/4 SW 1/4 of Section 8;
thence S00'O1'00'W 65.80 feet along said easterliy line to the
southerly line of sold Section 8; thence N89'32' 28'W 529.28 feet
along said southerly tine to the northerly right-of-way line of
said Denver and Rio Grande Western Railroad; thenct the following
twelve courses along sold northerly right-of-way line,
(1) 132.91 feet along the arc of a curve to the right, having a
radius of 2033.48 feet, a central angle of 03'44'42', and a
chord that bears N70'30'09'W 132.69 feet;
(2) N68' 37' 48' W 527. 88 feet;
(3) 231.12 feet along the arc of a curve to the left, having a
redius of 5779. 70 feet, a cen ire; e..y.e of 32' 17' ca', a.w a _
chord that bears N69' 46' 32' W 231. 09 feet;
(4) S00' 14' 31' E 21. 20 feet;
(5) 1142.50 feet along the arc of a curve to the left, hovIng a
radius of 5759.70 feet, a central angle of 11'21'55', and a
chord that bears N76'32'02'W 1140.63 feeti
(6) N82'13'00'W 1136.53 feet;
(7) 548.06 feet along the arc of a curve to the right, having a
radius of 1880.00 feet' a central angle of 16'42'10', and a
chord that bears M73' 51' 55' W 546.11 feet;
(8) NOD' 12'23W 22. 04 feet;
(9) 28.04 feet along the arc of a curve to the right, having a
radius of 1860.00 feet, a central angle of 00' 51' 50' , and a
chord that bears N64.47.55'W 28.04 feet;
( 10) M64.22' 00' W 2363. 48 feet;
(11) 993.44 feet along the arc of a curve to the left, having a
radius of 34427.50 feet, a central angle of 01'39'12', and a
chord that bears N65'11'36'W 993.41 feet;
(12) N66'01'Ie W 1260.13 feet to the easterly line of said Final
Plat - Amendment No. 4 Benchmark at Deaver Creek;
thence N1B'56'36'E 996.58 feet along said easterly line to said
southerly right-of-way line of Interstate Highway Na 70; thence
the following nine courses along said southerly right-of-way line,
(1) 554.28' 43' E 232.86 feet;
(2) 733.10 feet along the arc of a curve to the left, having o
radius of 5950. 00 feet, a central angle of 07.03' 34', and a
chord that pears S66'50'43'E 732.64 feet;
(3) S68' 12' 43' E 794.70 feeti
(4) S70' 22' 43' E 800. 00 feet;
(5) S80' 18' 13' E 406.10 feet;
(6) S70' 22' 43' E 1200. 00 feet;
(7) 551.07' 13'E 105. 90 feet,
(8) S70' 22' 43' E 300.00 feet,
(9) S88' 23' 13' E 210. 30 feet to the point of beg inn Ing,
containing 176.90 acres, more or less.
has by these presents told out, platted and subdivided the some
into Lots, Blocks and Tracts as shown hereon and designate the some
as 'The Village (at Avon) Filing 1' Town of Avon, County of Eagle,
State of Colorado and do further stoic that this subdivision shall
be subject to the Easements with Covenants and Restrictions Affecting
Lard, filed and recorded for this Subdivision in the Office of the
Clerk and Recorder of Eagle County, Colorado as Document Number
7-95060-t.
Executed this day of -PIM -------- A. DD. , 2002.
OWNER, Truer Creek LLC, a Colorado
Limited Liability Company
P. I1 Dox 640
Vail, Colorado 81
B _
gnus ndho n
Mures
STATE OF COLORADO)
)ss
COUNTY OF EAGLE ) c,ut�""
The foregoing Dedication was acknowledged before me this Zl'%_ day
of _.k%ZJr ........ A. D. , 2002 by Magnus LInndheoIm as Manager of
Truer Creek LLC, a Colorado Lin,+ -a n ..tint:+., r.,...,.,....
My comm I ss I on exp I res _A. k3S
Witness my hand and seal.
SUBORDINATION BY MORTGAGEE,
P.M.
Catellus Commercial Group, LLC, a Delaware limited liability
company, being the holder of a promissory note secured by a Deed of
Trust, Assignment of Lenses and Rents and Security Agreement, doted
June 1, 2000, and recorded June 2, 2000 as Reception No. 731311,
and as the Secured Party on a Financing Statement recorded June 8,
2000 as Reception Mo. 731677, and First Amendment to Deed of Trust.
Asslp+ent of Leases and Rents and Security Agreement doted January
8, 2002, and recorded March 19, 2002 as Reception No. 789508, said
Deed of Trust, Assignment of Leases and Rents and Security
Agreement, Financing Statement and First Amendment to Deed of
Trust, Assignment of Leases and Rents and Security Agreement being
recorded in the Office of the Clerk and Recorder of Eagle County,
Colorado, hereby consent to the subdivision of the lands set forth
on this final plat of 'The Village (at Avon) Filing 1' and
subordinates the liens represented by the aforesaid Deed of Trust,
Assignment of Leases and Rents and Security Agreement, Financing
Statement and First Amendment to Deed of Trust, Assignment of
Leases and Rents and Security Agreement, to the dedications and
restrictions as shown on this final plat and relative covenants,
conditions and restrictions.
MORTGAGEE, Catellus Commercial Group, LLC,
a Delaware limited liability company
201 Mission Street
Son Fr Isco, CA�g�05�j�
Pr I nt e_:Ra► lc.• 1
T I t l e,
STATE OF
COUNTY OF )ss
The foregoing Subordination by Mortgagee was aLknowledgled before me
jjhIs 7_40�C do Y of lUc _ ------ A. D. , 2002 by as
as
? llama 1115 _Yt<i?11tEM] __ of Cotel. (us Commerc i a D Group, LLC, a
Delaware limited liability company.
My commission expires
Witness my hand and seal.
TOWN CERTIFICATE
This Plat, uses, densities, standards and definitions are appruved
by the Town Cou �I of the Ttnof Avon, County of Eagle, State of
Co I orado th I s_day of______- A. D., 2002 for fi1Ing
with the Clerk andRecorder eCounty of Eagle and for
conveyance to the Town of Avthe public dedications shown
hereon subject to the provision that approval In no way obligates
the Town of Avon for financing or constructing of Improvements on
lands, streets, or easements dedicated except as specifically
agreed to by the Town Council and further that said approval shall
in no way obligate the Town of Avon for maintenance of streets
until construction of improvements thereon shall hove been
completed to the satisfaction of the Town Council. Approval of this
plat by the Town Is a consent only and Is not to be construed as an
approval of the technic* I correctness of this plat or any
documentation relating thereto.
WITNES SEAL OF THE TOWN OF AVON
/ \
TOW
N COUNCIL AF TK TOWN OFeAVON
S E A L i Mayor
``
Attest.-,
ttest
Town.Cl k
TITLE INSURANCE COMPANY CERTIFICATE
Mgwi� C.�ell - does hereby certify that Stewart Title of Vail
has examined the title to all lands shown upon this plat and that
title to such lands Is vested in Truer Creek LLC, a Colorado
Limited Liability Company, free and clear of all liens,
encumbrances, taxes and assessments except as followst
---------------------------------
-----------------------+5
CERTIFICATE OF TAXES PAID
1, the undersigned, do hereby certify that the entire amount of taxes
and assessments due and payable as of (,�j_,Q L_____ upon all
parcels of red estate described on this plot are paid In full.
Doted
Lthis
� _23-0- day of r' (------ A. D., 200L
_ 9�Ste_
Treasurer of Eagle County
CLERK AND RECORDER'S CERTIFICATEAvs-/OU
This Plat was filed for record In he Office of the Clerk and
Recorder at 1110 o'clock 1).-M, A.
�__ __ A. D. t
2002 and Is duly recorded der Recep on Number
Q e,540 rM5c)&t Mud Gv, i.�auA uAMn n c ��
SHEET 1 OF 5
JOB NO. 1862.03