TC Resolution 21-24 Approving Amendment to Riverfront Trail Connector Easement on Lot 7 Riverfront SubdivisionA
AV o n
COI. CHADO
RESOLUTION 21-24
APPROVING AMENDMENT TO
RIVERFRONT TRAIL CONNECTOR EASEMENT ON LOT 7
RIVERFRONT SUBDIVISION
WHEREAS, the Avon Town Council approved Resolution 18-30, approving temporary and
permanent easements to facilitate the construction of the Riverfront Trail ("the Trail") Connector
project; and
WHEREAS, the corresponding Grant of Easement ("the Easement") was recorded on April
22, 2019 at Reception Number 201905203 in real property records of Eagle County, Colorado;
and
WHEREAS, the Town constructed the Riverfront Trail Connector in 2019 within the
Easement; and
WHEREAS, EW Riverfront Lots Development, LLC, owns Lot 7, Riverfront Subdivision,
and relocated the Trail into an area outside the existing Easement, necessitating an amendment to
the Easement; and
WHEREAS, the Avon Town Council can approve easements and 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; and
WHEREAS, the Town Council finds that approval of the attached easement amendments
will promote the health, safety, prosperity, convenience and general welfare of the Avon
community by facilitating the installation of additional landscaping improvements and a
relocated recreation path.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES as follows: the
Amendment to Easement Deed which is attached to this Resolution as Exhibit A is approved
and the Mayor and Mayor -Pro Tern are authorized to execute such easement.
ADOPTED November 9, 2021 by the AVON TOWN COUNCIL
N OF
B r
y: Attest: :SEAL:
Sarah Smith Hymes, Mayo Brenda Torres, own Cler
Eagle County, CO 202125794
Regina O'Brien 11/16/2021
Pgs: 4 04:52:39 PM
REC: $28.00 DOC: $0.00
AMENDMENT TO EASEMENT DEED
This Amendment to Easement Deed (this "Amendment") is entered into this 1. —day of
["!\1 (` FV�'.,{/ 2021, by and between EW Riverfront Lots Development, LLC, a Delaware
limited liability company ("Owner"), and the Town of Avon, Colorado a Colorado home rule municipal
corporation (the "Town").
WHEREAS, a certain Grant of Easement was recorded on April 22, 2019, at Reception Number
201905206 in the real property records of Eagle County, Colorado (the "Easement Deed");
WHEREAS, Owner is the sole fee simple owner of Lot 7, Riverfront Subdivision, according to the
plat recorded at Reception No. 201812380, Eagle County Colorado, and successor -in -interest to the original
Owner under the Easement Deed;
WHEREAS, the Town is the sole beneficiary under the Easement Deed; and
WHEREAS, Owner and the Town desire to amend the Easement Deed to relocate the Easement
from its current location as depicted in Exhibit A to the Easement Deed.
NOW, THEREFORE, the parties agree to the following amendments to the Easement Deed:
1. Definitions. All capitalized terms used herein, unless otherwise defined to the
contrary, shall have the meanings ascribed to those terms in the Easement Deed.
2. Exhibit A. Exhibit A attached to the Easement Deed is hereby deleted and Exhibit A
attached hereto is substituted in its place.
3. Conflicts Between Documents. This Amendment hereby supersedes and controls over any
contrary provision contained in the Easement Deed.
4. Easement Deed. Except as specifically set forth in this Amendment, the Easement Deed
remains unchanged and in full force and effect. This Amendment shall hereafter be interpreted for all
purposes as part of the Easement Deed.
5. Counterparts. This Amendment may be executed in counterparts, which when taken together,
shall constitute the entire agreement of the parties.
[signature pages follow)
THIS DOCUMENT HAS
I EAd E- RECORDED
AMENDMENT TO EASEMENT DEED
�,,,Thl§ Amendment to Easement Deed (this "Amendment") is entered into this 1 �ay of
2021, by and between EW Riverfront Lots Development, LLC, a Delaware
limited liability company ("Owner"), and the Town of Avon, Colorado, a Colorado home rule municipal
corporation (the "Town").
WHEREAS, a certain Grant of Easement was recorded on April 22, 2019, at Reception Number
201905206 in the real property records of Eagle County, Colorado (the "Easement Deed");
WHEREAS, Owner is the sole fee simple owner of Lot 7, Riverfront Subdivision, according to the
plat recorded at Reception No. 201812380, Eagle County Colorado, and successor -in -interest to the original
Owner under the Easement Deed;
WHEREAS, the Town is the sole beneficiary under the Easement Deed; and
WHEREAS, Owner and the Town desire to amend the Easement Deed to relocate the Easement
from its current location as depicted in Exhibit A to the Easement Deed.
NOW, THEREFORE, the parties agree to the following amendments to the Easement Deed:
1. Definitions. All capitalized terms used herein, unless otherwise defined to the
contrary, shall have the meanings ascribed to those terms in the Easement Deed.
2. Exhibit A. Exhibit A attached to the Easement Deed is hereby deleted and Exhibit A
attached hereto is substituted in its place.
3. Conflicts Between Documents. This Amendment hereby supersedes and controls over any
contrary provision contained in the Easement Deed.
4. Easement Deed. Except as specifically set forth in this Amendment, the Easement Deed
remains unchanged and in full force and effect. This Amendment shall hereafter be interpreted for all
purposes as part of the Easement Deed.
5. Counterparts. This Amendment may be executed in counterparts, which when taken together,
shall constitute the entire agreement of the parties.
[signature pages follow]
EXECTUED, by the parties hereto on the day and date first above written.
OWNER:
EW RIVERFRONT LOTS DEVELOPMENT, LLC,
a Delaware limited liability company
By:
Name:
Title:
STATE OF L(Q
ss.
COUNTY OF )
The foregoing ins ment was acIm wledged b
e% as `�bf EW
Delaware limited l' bility company.
Witness my hand and official seal.
My commission expires: 9 , ag a
(SEAL)
(Vi✓./`.--/.'�. ✓,i?.:✓_. �: {iy.. ✓ :. 1. i=/li:/./'
• - .
••-.•
Ok
;fore me this _�, day of jN _ e r2021, by
RIVERFRONT LOTS DEVELOPMENT, LLC, a
Notary Public
I IC�]�.�/►�
TOWN OF AVON, COLORADO,
a Colorado home rule municipal corporation
By.
Sarah mith Hymes, ayor
ATTEST:
w&A�
Brenda Torres, Town Clerk
STATE OF U )
,, )
COUNTY OF a' t ) ss.
The foregoing instrument was acknowledged before me this k Z day of QW z.0 , 2021,
by Sarah Smith Hymes as Mayor and Brenda Torres as Town Clerk of the Town of Avon, Colorado, a
Colorado home rule municipal corporation.
Witness my hand and official seal.
My commission expires:
(SEAL)
JOEL DIETRICH MCCRACKEN
Notary Public
State of Colorado
Notary ID # 20214000675
My Commission Expires 01-06-2025
�' n
fC (;
N to Public
EXHIBIT A
PROPERTY DESCRIPTION
That part of Tract Y, Riverfront Townhomes Phase III, according to the map thereof recorded at
Reception No. 202124793 on 11/3/2021 in the office of the Eagle County, Colorado, Clerk and
Recorder described as follows:
Beginning at the northerly corner of said Tract Y and east corner of Tract H, Benchmark at Beaver
Creek Subdivision according to the map recorded in Book 274 at Page 701 also lying on the southerly
Right —Of —Way of Riverfront Lane; thence along said southerly Right —Of —Way and northerly line of said
Tract Y S65'21'11"E 24.23 feet; thence departing said line S27'42'15"W 12.02 feet to the east line of
Exhibit A recorded at Reception No. 201905206; thence the following four courses along the east and
northerly lines of said Exhibit A: 1) N01'15'08"E 9.73 feet, 2) N85'09'47"W 4.62 feet, 3) 28.03
feet along the arc of a curve to the right having a radius of 57.26 feet, a central angle of 28'02'38"
and a chord that bears N71'08'28"W 27.75 feet, 4) 3.37 feet along the arc of a curve to the right
having a radius of 206.00 feet, a central angle of 0'56'12" and a chord that bears N57'35'15"W
3.37 feet to the common line of said Tract Y and Tract H; thence along said common line
N89'32'24"W 17.07 feet to the Point of Beginning, containing 218 square feet more or less.
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Colorad , C&C. ;. , l) 6
30116 PI 0-
Date
S
d'i�AL L ANC 5J
TRACT H
BENCHMARK AT BEAVER CREEK SUBDIVISION E
B274, P701 N 89'32'24" W
17.07-
0=00'56'12"
R=206.00'
L=3.37'
T=1.67'
C LEN=3.37'
BRG=N 57'35'15" W
LOT 23
41199 HIGHWAY 6 & 24, EAGLE-VAIL
P.O. BOX 1230
EDWARDS, CO. 81632
(970)949-1406
A=28'02'38"
R=57.26'
L=28.03'
T=14.30'
C LEN=27.75'
BRG=N 71'08'28"
P.O.B.
EXHIBIT A
RN 201905206
1/1V/CN
w Aq C/FCC
R. R
N 85'09'47" W
4.62'
N 01'05'08" E-_ �
9.73' S 7'42'15" W
� 12.02'
LOT 22
TRACT Y
COMMON AREA
JOB NO. 3296.6