06-18-2018 Temporary Construction Easement Agreement 47 E Beaver Creek BlvdAFTER RECORDING RETURN TO:
Town of Avon
P.O. Box 975
Avon, CO 81620
Attn: Town Clerk
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
47 East Beaver Creek Boulevard
Town of Avon Colorado
KNOW ALL MEN BY THESE PRESENTS: Christie Lodge Owners Association, Inc.
("Grantor"), whose address is 47 East Beaver Creek Blvd, Avon, CO in consideration of Ten
Dollars ($10.00), 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") for the purpose of Constructing street, pedestrian and landscaping
improvements over and across the tract of land described in paragraph 1 below.
The parties further agree as follows:
1. Grantor owns Lot 25, Block 2, Benchmark at Beaver Creek ("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
easements shall begin on May 24, 2018, and shall expire and be of no further force or effect on
December 31, 2019 ("Term"). Upon expiration, Town will execute and record documentation
that this Easement Agreement is terminated if requested by Grantor and provide proof to the
Grantor.
2. Town agrees that it will provide written notice of commencement of construction to
the Grantor prior to commencement of construction. Town shall tender payment in the amount of
Ten Dollars ($10) 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
Temporary Construction Easement Agreement
East Beaver Creek Boulevard
Page 1 of 4
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 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 Beaver Creek Blvd Streetscape Project, 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 Beaver Creek Blvd Streetscape 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 Beaver Creek
Blvd Streetscape Project site, which insurance shall name Christie Lodge Association LTD, as an
additional insured. The Town shall deliver the certificate of insurance naming Christie Lodge
Association LTD 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.
Temporary Construction Easement Agreement
East Beaver Creek Boulevard
Page 2 of 4
Grantor: Christie Lodge
Attn: Lisa Siegert -Free, Managing Director & General
Manager
P.O. Box 1196
Avon, CO 81620
Town of Avon: Town of Avon
One Lake Street
P.O. Box 975
Avon, CO 81620
Attn: Town Engineer
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
[Execution Page Follows]
Temporary Construction Easement Agreement
East Beaver Creek Boulevard
Page 3 of 4
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
TE -47
A parcel of land located in Lot 25, Block 2, The Christie Lodge at Avon as recorded in Book 309 at Page 668 under
Reception Number 206048, at the Office of the Clerk and Recorder of Eagle County, Colorado and being more
particularly described as follows:
Commencing at the intersection of the northerly right of way line of Beaver Creek Boulevard and the easterly right
of way line of Avon Road, also being the southwest corner of said Lot 25;
Thence S69'04'1 8"E along the southerly line of said Lot 25 a distance of 335.87 feet to the southeast corner of
Parcel TK -3 recorded under Reception Number 478925, at the Office of the Cleric and Recorder of Eagle County
and the True Point of Beginning;
Thence along said Parcel TK -3 the following two (2) courses:
1. N20°55142"E a distance of 21.00 feet;
2. N69'04'1 8"W a distance of 306.72 feet;
Thence N20°55'42"E a distance of 591 feet;
Thence S69"04'18"E a distance of 116.37 feet;
Thence N20°55'42"E a distance of 7.61 feet;
Thence S66'49'1 l "E a distance of 51.83 feet;
Thence S21°58'57"W a distance of 4.99 feet;
Thence S70°05'07"E a distance of 142.41 feet,
Thence S03°3I T I "E a distance of 18.97 feet to a point of curvature;
Thence along said curve honing to the left 8.93 feet, with a radius of 8.10 feet, a central angle of 63°07'43", and a
long chord which bears S34°59'33"E a distance of 8.48 feet;
Thence S69'04'1 8"E a distance of 24.78 feet to a point of curvature,
Thence along said curve turning to the left 51.62 feet, with a radius of 119.69 feet, a central angle of 24°42'42", and
a long chord which bears S81'24'43"E a distance of 51.22 feet;
Thence NO3°37'27"W a distance of 18.16 feet;
Thence N28°20'46"E a distance of 24.93 feet;
Thence S61'39'1 4"E a distance of 67.73 feet;
Thence N28°20'46"E a distance of 38.55 feet;
Thence S61 °39' 14"E a distance of 9.02 feet:
Thence S08°08'35"E a distance of 41.44 feet to said southerly line and the beginning of a non -tangent curve;
Thence along southerly line of said Lot 25 and said curve finning to the right 199.77 feet, with a radius of 372.63
feet, a central angle of 30°43'02", and a long chord which bears N84°25'49"W a distance of 197.39 feet to the True
Point of Beginning;
The above described parcel contains 6,575 square feet (0.151 acres) mor AD 0
�'�•;.-
CANl9
Date: October 5, 2017 Prepared by: Brent Biggs P.L.S. 27598
Colorado Licensed Professional Land Surveyor
On behalf of Peak Land Consultants, INC.
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IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement
Agreement on the to first written above.
By• Date:
STATE OF
ss.
COUNTY OF �� )
The foregoing instrument was acknowledged before me this �_ day of
y���
/� 2018, b 1
Wit s. ha nd off ' 1 seal. My commission ex ires: ,Af
SHARON L MITCHELL
Notary Public — State of Colorado
ZZ-Nofary'Piblic Notary ID 20174051797
Nov Commission Expires Dec 20. 2021
Ease ent Agre nt accepL1--ted/and approved by the Town of Avon.
By: v N O--�l
Fq
felVipie Faucher, Mayor ��•
Attest: S E A
Debbie Hoppe, Tow Clerk
Temporary Construction Easement Agreement
East Beaver Creek Boulevard
Page 4 of 4