TC Resolution 23-11 Approving Easment Agreement for Construction and Maintenance of Drainage Improvements at Westgate Plaza, 1060 W BCB, Benchmark at Beaver Creek SubdivisionA
Avon
COLORADO
RESOLUTION 23-11
APPROVING EASEMENT AGREEMENT FOR
CONSTRUCTION AND MAINTENANCE OF DRAINAGE
IMPROVEMENTS AT WESGATE PLAZA, 1060 WEST
BEAVER CREEK BLVD, BENCHMARK AT BEAVER
CREEK SUBDIVISION
WHEREAS, the Avon Town Council has determined that the construction of drainage
facilities will improve the public safety, will improve Town government operations, and will
promote the goals of the Avon Comprehensive Plan;
WHEREAS, the construction project will require a permanent easement and Section 2.1 of
,the Avon Home Rule Charter provides that the Town Coupcil 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 and
authorization to negotiate, revise and finalize the permanent easement required for Town of
Avon drainage facilities will promote the health, safety, prosperity, convenience and general
welfare of the Avon community by facilitating the construction of such facilities.
NOW THEREFORE, the Avon Town Council, hereby RESOLVES as follows:
1. The form of the Easement Agreement which is attached to this Resolution as Exhibit A
are approved and the Mayor and Mayor -Pro Tem are authorized to execute such easements.
2. The Avon Town Council hereby authorizes the Town Manager and Town Attorney to
negotiate, revise and finalize the Easement Agreement.
3. The Mayor and Mayor -Pro Tern are authorized to execute the easement for the Town of
Avon which are reviewed and approved by the Town Attorney and Town Manager. A �t
By: Attest: 'S
Amy hillips, Mayor Miguel Jauregui C� sa eva, Tow l'erh
n
Resolution — 2023 - 11
May 23, 2023
Page 1 of 1
Eagle County, CO 202308319
Regina O'Brien 07/06/2023
Pgs: 5 10:11:54 AM
REC: $33.00
DOC: $0.00
DEED OF EASEMENT
THIS DEED OF EASEMENT ("Easement Deed") is made this 23rd day of May, 2023
between Westgate Association, a Colorado Nonprofit Corporation ("Owner"), whose legal
mailing address is PO Box 8690, Avon, CO 81620, and the Town of Avon, a Colorado home rule
municipal corporation ("Town"), whose address is P.O. Box 975, Avon, Colorado 81620.
WITNESSETH:
1. That for and in consideration of the covenants and agreements herein set forth, the sum of TEN
DOLLARS ($10.00), and other good and valuable consideration in hand paid by the Town to
the Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby
grants, sells and conveys to the Town, its successors and assigns, an exclusive perpetual
easement and right-of-way ("Easement") to install, operate, maintain, repair, reconstruct,
replace, inspect and remove, at any time and from time to time, public roadway improvements,
including all underground, surface and streetscape appurtenances thereto, and to improve and
maintain a suitable slope or grade, together with a right-of-way for access on, along, and in all
of the hereinafter described Easement across those certain lands which are situate in the Town
of Avon, County of Eagle, State of Colorado, such lands and easement area being described
more fully on EXHIBIT A attached hereto and by this reference made a part hereof.
2. The Owner further grants to the Town:
(a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any
improvements, slopes and grades, or other structures constructed hereunder with any other
number or type of utility facilities, slopes and grades, or other structures either in the
original location or at any alternate location or locations within the Easement; provided
that such enlargement, improvement, reconstruction, relocation and replacement as
aforesaid shall not interfere with any reasonable use Owner shall make of the Easement
area;
(b) the right to grant licenses and franchises to common utility providers in a similar manner
and subject to similar terms, conditions and standards that the Town may grant to utility
providers in other Town right-of-ways;
(c) the right to conduct all activities within the Easement area which a municipality may
lawfully conduct within public right-of-ways, including but not limited to enforcement of
municipal traffic code and parking code provisions and application of street access
standards; and,
(d) the right to mark the location of the Easement by suitable markers set in the ground;
provided that permanent markers shall be placed in locations which will not interfere with
any reasonable use Owner shall make of the Easement area.
3. Owner reserves the right to use the Easement area for purposes which will not interfere with
Town's full enjoyment of the rights hereby granted upon 72-hours advance written request to
the Town. The parties further agree that the Owner's use of the Easement area shall be subject
to the following restrictions and conditions:
(a) Owner shall not erect or construct any building or other structure, or drill or operate any
well, or construct any pennanent obstruction, or subtract from or materially add to the
ground level, or allow the installation of utilities not already in place, in the Easement area
without obtaining the specific written permission of the Town, which permission shall not
be unreasonably withheld, conditioned or delayed.
(b) Owner shall take no action which would impair or in any way modify the earth cover over,
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, conditioned or delayed.
(c) Owners shall take no action nor shall otherwise permit any activity, event, or permanent or
temporary structure which interferes with the movement of pedestrian, non -motorized or
vehicular traffic, emergency vehicle access, access for maintenance or inspection, and
other lawful purposes within the Easement area in which the Town may use right-of-ways
generally.
(d) In the event the terms of Paragraphs 3(a), (b) or (c) above are violated by the Owner or by
any person in privy with it, such violation shall be corrected and eliminated immediately
upon receipt of notice from Town, and, in the alternative, Town shall have the right to
correct and eliminate such violation, and the Owner, or its successors and assigns, shall
promptly pay the reasonable and actual cost thereof.
(e) Owner agrees to defend and hold harmless the Town for any damages or claims arising
from Owner's or Owner's employees, contractors, representatives, or agents' activities or
the activities of any other person acting on behalf of Owner within the Easement area.
4. Town agrees that plans for construction of any improvements within the area of the Easement
will be provided to Owner prior to commencement of construction. Town agrees to hold
Owner harmless from any damages caused by negligent acts of the Town during construction,
operation and maintenance improvements, and for any damages or claims arising from Town's
activities within the Easement area. Except as otherwise provided herein, nothing in this
Easement Deed shall be construed to waive, limit, or otherwise modify any governmental
immunity that may be available by law to the Town, its officials, employees, contractors, or
agents, or any other person acting on behalf of the Town and, in particular, governmental
immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title
24, Article 10, Part 1 of the Colorado Revised Statutes. 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.
5. 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 Owner'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 Owner
to pursue all of its rights and remedies under this Easement Deed, at law, or equity.
6. The Town shall insure the Easement area and include the same in its commercial general
liability policies, which policies shall be maintained in commercially reasonable amounts.
Owner shall be named as an additional insured and Town shall deliver to Owner the certificate
of insurance naming Owner as an additional insured not less frequently than annually.
7. The parties agree that neither party has made or authorized any agreement with respect to this
Easement other than as expressly set forth herein, and no oral representation, promise, or
consideration different from the terms herein contained shall be binding on either party, or its
agents or employees, hereto.
8. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and
with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these
presentments, Owner is well seized of the Easement above conveyed, has good and marketable
title in fee simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid, subject to any easements, liens, claims,
reservations, covenants, conditions and restrictions of public record or which are obvious from
a physical inspection of the Easement area. Owner further agrees that Owner shall and will
WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the Town, its heirs and assigns, against all and every person or persons
claiming under Owner.
9. Whenever used herein, the singular number shall include the plural, the plural the singular; and
the use of any gender shall be applicable to all genders. All of the covenants herein contained
shall be binding upon and inure to the benefit of the parties hereto, their respective heirs,
personal representatives, successors and assigns.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year
first above written.
ALEXANDRA VICTOR A ARANA
NOTARY PUBLIC - STATE Of COI.ORADO
NOTARY 10 2012.4461S4
h17 e6HMl>: Oq EXDIkEi AJc 28, 2024
STATE OF
WESTGATE ASSOCIATION,
A Colorado Nonprofit Corporation
B.
Its:
} ss.
COUNTY OF Eavl� } d
ue
Subscribed and sworn to before me this Z►4 day ofMajr, 2023, by
9;ekOrd VAA11 e� ►�C as
Witness my hand and official seal. My commission expires:
'- -(7-1� lq,- j
No ary Public
TOWN WJ4"o.'
By:
Amy rhlips',Mayor
ATTEST:
Miguel Jai
'lerk
STATE OF COLORADO }
} ss.
COUNTY OF EAGLE }
The foregoing document was subscribed and sworn to before me this 1b till
day of IVn � , 2023, by Amy Phillips as Mayor and Miguel Jauregui Casanueva as Town
Clerk of the Town of Avon.
Wit ss my hand and seal. My commission expires:_ Vt 11P 7OZ-9
ublic
BRENDA M IZA" TOARES D
NOTARY PUBLIC
STATE OF C0 RADO
NOTAW 10 20164037271
MY CAmm{aaton Area November 13, 2024
EXHIBIT A
DRAINAGE EASEMENT DESCRIPTION
A parcel of land situated in Westgate, Second Amendment to the Condominium Map, according to the plat
recorded September 25, 2007 at Reception No. 200725715, Town of Awn. County of Eagle, State of Colorado
with a// bearings based on a bearing of N2774 55 E a distance of 199.85 feet between two found 15 rebor
with illegible 1-112" aluminum cops being more particularly described as follows:
Beginning at the most northerly corner of Westgate, Second Amendment to the Condominium Map which bears
N277455 E a distance of 199.86 feet from a point on the west line of Westgate and the east right-of-way
line of West Beaver Creek Boulevard,- thence S44JO25 E along the north line of Westgate a distance of 15.02
feet to a point; thence 1J4.45 feet along the arc of a non-tongent curve to the left having a radius of
261.57 feet, o central angle of 2927102, a tangent of 68.74 feet, and a chord that bears SJJ52'2J'W a
distance of 132.97 feet to a point: thence N69J0O8'W a distance of 15.00 feet to a point on the east
right-of-way line of West Beaver Creek Boulevord,• thence along said right-of-way line 140.99 feet along the
arc of a non -tangent curve to the right having a radius of 276.57 feet, a central angle of 2972J1 , a
tangent of 72.06 feet and a chord that bears NJJ49J2 E a distance of 1J9.47 feet to the True Point of
Beginning. Said parcel contains 2,065 square feet (0,047 acres) more or less.
e a2972 J1 " TRUE POINT OF
R-276.57' �!; .
T=72.06' BEGINNING
Ch B=NJ3 49 J2 E . ' S44 J0 25 E �►ADQ
Ch L=139.47' 110' 15.02'
1=140.99' , ,I
i
15 DRAINAGE P��07r23
£AS£M£NT J�
tv'AAC.) `
(0.047
a ,
6P ..'' PROPOSED
�0 STORM DRAIN
r, f SYSTEM
J 29 27'02"
R-261.57'
T= 6B. 74'
/ Ch B-SJJ 52 2J'W
Ch L -132. 97'
l / L=134.45'
SECOND AMENDMENT TO THE
l / CONDOMINIUM MAP WESTGATE
RECEP LION NO.. 200725716
N69'30'08 "W
15.00, 0 30' 60'
` • ,. /� �PQ- SCALE: 1" = 30
FOUND 45 REBAR NOTE:
W1TN 1-112" ALUM/NUM THIS DOCUMENT DOES NOT REPRESENT A
CAP ILLEGIBLE (TYP.) MONUMENTED SURVEY. IT IS INTENDED ONLY TO
DEPICT THE DESCRIPTION ABOVE,
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