TC Res. No. 2011-15 Approving a Temporary Easement Agreement for a Parcel of Land, TE-20...Memo
To:
Honorable Mayor and Town Council
Thru:
Larry Brooks, Town Manager - l
Approved By:
Sally Vecchio, Director of Community Development (,
From:
Justin Hildreth, P.E., Town Engineer 4k Y
Date:
December 8, 2011
Re:
Resolution No. 11-15, a Resolution Approving the Temporary Easement
Agreement for a Parcel of Land, TE -20, Located at Lot 20, Block 1,Benchmark at
Beaver Creek, Amendment 4, For the Purpose of Constructing the Metcalf Road
Widening and Drainage Improvements
Summary:
Attached to this memorandum is Resolution 11-15, approving a temporary easement necessary to construct
the Metcalf Road widening and drainage improvements on Lot 20, Block 1, Benchmark at Beaver Creek,
Amendment 4 (Lot 20). For reference, the Walking the Dogs out door run is located on Lot 20.
Discussion:
The Metcalf Road widening and drainage improvement project includes construction a new drainage
structure on the west side of Metcalf Road next to Lot 20. The new drainage structure will be constructed
within the existing Town of Avon right-of-way, and the temporary easement is necessary for the construction
of the easement.
Financial Implications:
$800,000 has been budgeted for this project and the Town will compensate the owner of Lot 20 $6,208 for
the temporary easement, which is within the amount budgeted for easement acquisition.
Recommendation:
Approval of Resolution No 11-15.
Town Manager Comments::
&A1
Attachments:
Exhibit A Resolution 11-15, Series of 2011
Exhibit B Temporary Easement Agreement, TE -20
EXHIBIT A
RESOLUTION NO. 11-15
SERIES OF 2011
A RESOLUTION APPROVING THE TEMPORARY EASEMENT AGREEMENT
FOR A PARCEL OF LAND, TE -20, LOCATED AT LOT 20, BLOCK 1,
BENCHMARK AT BEAVER CREEK, AMENDMENT NO. 4, FOR THE
PURPOSE OF CONSTRUCTING THE METCALF ROAD WIDENING AND
DRAINAGE IMPROVEMENTS
WHEREAS, the Town Council has previously directed, authorized, and budgeted for
acquisition of easements required for the Metcalf Road Widening and Drainage
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 drainage improvements to Metcalf Gulch and Metcalf Road.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, that the temporary easement agreement, TE -
20, at Lot 20, Block 1, Benchmark at Beaver Creek, Amendment No. 4, for the purpose
of constructing the Metcalf Road Widening and Drainage Improvements, is hereby
approved by the Town of Avon.
ADOPTED THIS DAY OF
ATTEST:
Patty McKenny
Town Clerk
92011.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Rich Carroll, Mayor
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS: That 111 Metcalf Road LLC, (Grantor), whose
address is P.O. Box 2181, Edwards, Colorado, in consideration of Six Thousand Two Hundred Eight
Dollars ($6,208.00), 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, subject to the
terms and conditions contained in this Temporary Construction Easement Agreement ("Easement
Agreement").
The parties further agree as follows:
1. Grantor owns Lot 20, Benchmark at Beaver Creek, Amendment 4, 111 Metcalf Road,
Avon, Colorado ("Property"). Grantor grants to the Town a temporary construction easement for the
purpose of constructing the improvements as described in Exhibit A attached hereto. The term of
this temporary construction easement shall begin on January 1, 2012, and shall expire and be of no
further force or effect on December 31, 2012 ("Term"). As part of this easement agreement, the
Town agrees that there will be no encroachment or interference into the existing dog park located on
the Property during construction or upon the completion of construction activities and that access
from Metcalf Road will not be eliminated except as may be necessary on a temporary basis to
complete construction. The manner and duration of construction that will limit access is described in
Exhibit B.
2. Town agrees that it will provide written notice of commencement of construction to the
Grantor prior commencement of construction. Town shall tender payment in the amount of Six
Thousand Two Hundred Eight Dollars ($6,208) as the stated monetary consideration above along
with tendering the written notice of commencement of construction. 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 Property pursuant to the easements
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 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
Page 1 of 4
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 Property, and
that any fill deposited shall not contain any environmentally hazardous substances.
5. Upon completion of construction of the Metcalf Road Widening and Drainage
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 attached Construction Plans. 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 attached 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 attached Construction Plans.
6. The construction documents for the Metcalf Road Widening and Drainage Improvements
Project will 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 the
Metcalf Road Widening and Drainage Improvements Project site, which insurance shall name 111
Metcalf Road LLC and the tenant, Walking The Dog, Inc., as additional insured. The Town shall
deliver the certificate of insurance naming 111 Metcalf Road LLC and Walking The Dog as an
additional insured prior to its use of the 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: (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.
Page 2 of 4
Grantor: Steve MacDonald
111 Metcalf Road LLC
P.O. Box 2181
Edwards, CO 81632
Town of Avon: 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 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.
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 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
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
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.
Page 3 of 4
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.
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement
Agreement on the date first written above.
Date:
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2011, by
Witness my hand and official seal. My commission expires:
Notary Public
Easement Agreement accepted and approved by the Town of Avon.
By: Date:
Rich Carroll, Mayor
Attest:
Patty McKenny, Town Clerk
Page 4 of 4
Inter -Mountain
ENGINEERING
EXH1131T "•1"
Civil Engineers & Surveyors SHEET I OF 3
LEGAL DESCRIPTION FOR TEMPORARY EASEMENT
A parcel of land located in Lot 20 of Official Plat— Town of Avon. Eagle County, Colorado anti Final
Subdivision Plat Amendment No. 4 Benchmark at Beaver Creek as recorded in the Office of the Clrrl,
and Recorder of Eagle County, Colorado in Book 274, Page 701 on September 5, 1978 more partirul;irlv
described as follows.
The point of commencement being the southeast corner of said Lot 20,
Thence N82'1 5'02—W a distance of 26.43 feet to a point on the existing Drainage and Utility Easrrxmt
being 7.5' from the south property line of said Lot 20 and to a point on the existing Drainage Easement
being 25' from the east property line of said Lot 20 and the True Point of Beginning:
Thence S81' 15'25"W along said 7.5' Drainage and Utility Easement a distance of 20.02 feet to a pMnl.
Thence N 11'06'25"W a distance of 106.29 feet to a point,
Thence N24'48'02"E a distance of 34.10 feet to a point on the existing 25' Drainage Easement:
Thence S 11'06'25"E along said Drainage Easement a distance of 136.73 feet to the True Point of
Beginning.
Said parcel of land contains 2,450 square feet, 0.056 acres, snore or less.
2GG?G
26626
Inter-Md910
ifs
Project No. 1 F-
DENVER OFFICE
6561 S. Revere Pkwy., Suite 165 Centennial, CO 80111 1 Phone: 303.948.6220 1 Fax: 303.948.6526
VAIL VALLEY OFFICE
40801 U.S. Highway 6, Suite 203 I PO Box 978 I Avon, CO 81620 1 Phone: 970.949.5072 1 Fax: 970.949.9339
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page 47
fair rental figure for application to the subject parcel with respect to the temporary easement. For the
subject's temporary easement, this would equate to:
Easement Size
Rate, $/sf.
Rental Rate
Rent per Year
1,346 sf
$19
10%
$2,557
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The temporary use of this easement component is being specified to last 5 %z months, from June 15, F
2011, to December 31, 2011. The rental figure derived above is to be applied over this 5 % month
time frame: D�G311301Z
Rent per Year
Rent per Month
# of Months
Value
$2,557
$213
5.5
$1,172
41(0515 -V 35,T5 1(0 -�Ik (oIZOF)
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