11-11-2003 TERMINATION AND RELEASE OF EASEMENT^'/I
TERMINATION AND RELEASE OF EASEMENT
THIS TERMINATION AND RELEASE OF EASEMENT is executed this
ilk day of , 2003 by the Town of Avon, County of Eagle, State of Colorado
(the "Town of Avon").
RECITALS
1. Pursuant to a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver
Creek (the "Final Plat"), recorded October 25, 1988, in the real estate records of Eagle County,
Colorado (the "Records") at Book 493 and Page 704 at Reception No. 389900, a drainage
easement (the "Drainage Easement") on Lot C, the property now known as Mountain Vista
Resort Subdivision, pursuant to the Final Plat therefor, recorded in Eagle County at Reception
No., 754854 and all amendments thereto, was dedicated to the Town of Avon.
2. The Final Plat states that the Drainage Easement was created solely for the benefit of
the Town of Avon.
3. Pursuant to the Final Plat and the restrictive easements and covenants set forth therein
relating to the Drainage Easement, the Drainage Easement may be released by the Town of
Avon, if drainage facilities ("Drainage Facilities") acceptable to the Town of Avon were
installed for Lots A, B and C, Avon Center at Beaver Creek.
4. The Town of Avon (a) has determined that acceptable Drainage Facilities have been
installed subject to the terms and conditions set forth in the Agreement Governing Design,
Construction, and Management of Storm Water Detention and Pollution Control Facilities
recorded with the Clerk and Recorder of Eagle County at Reception No. 731541 and (b) now
desires to terminate and release the Drainage Easement.
TERMINATION AND RELEASE
NOW, THEREFORE, in consideration of the Recitals set forth above and for other
valuable consideration, the Town of Avon hereby releases and terminates the Drainage Easement
and hereby waives, relinquishes and surrenders any rights in and to the Drainage Easement
which, from and after the date of execution hereof, shall no longer be of any force or effect.
IN WITNESS WHEREOF, this Termination and Release of Easement was executed by
the Town of Avon as of the date first written above to be effective as of that date.
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CO_DOCS_A 4135049 v4
TOWN O AVON
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
SUBSCRIBED AND SWORN TO before me this day of
-l~rr/e Nl~ by a I -~D" e-~-s as
v~/1 of the Town of Avon.
WITNESS my hand and official seal.
My commission expires: I olo
(SEAL) Notary P li
R~Fn~r
11 Jill I 111 558003
h`;~\C r ~2 Page: 2 of 2
aQe~ I 11/14/2003 04:37P
Teak J Simonton Eagle, 00 409 R 11.00 0 0.00
QO
F of CO
My Commission Expires 04/08/2006
2
CO_DOCS_A #135049 v4
AVUWE
IV
Town of Avon
Town Clerk
PO Box 975
Avon, CO 81620
970-748-4035
C o L o R A D o fax 970-949-9139
TO: Eagle County Clerk & Recorder
FROM: Patty McKenny, Town Clerk, Avon
RE: Pleaser record the attached document.
DATE 11/14/2003
Date Documents to RECORD
# OF
PAGES Rate Total
11/14/2003 Termination & Release of Easement
Town of Avon & Lots B & C, Avon
Center at Beaver Creek
1 st page 1 6.00 6.00
Additional pages 1 5.00 5.00
11.00
Check Total $ 11.00
PLEASE FORWARD A RECEIPT FOR THIS AMOUNT.
Please use a large envelope when returning the documents.
THANK YOU.
TERMINATION AND RELEASE OF EASEMENT
THIS TERMINATION AND RELEASE OF EASEMENT is executed this
day of ~OVe.4w6f--~ , 2003 by the Town of Avon, County of Eagle, State of Colorado
(the "Town of Avon").
RECITALS
1. Pursuant to a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver
Creek (the "Final Plat"), recorded October 25, 1988, in the real estate records of Eagle County,
Colorado (the "Records") at Book 493 and Page 704 at Reception No. 389900, a drainage
easement (the "Drainage Easement") on Lot C, the property now known as Mountain Vista
Resort Subdivision, pursuant to the Final Plat therefor, recorded in Eagle County at Reception
No., 754854 and all amendments thereto, was dedicated to the Town of Avon.
2. The Final Plat states that the Drainage Easement was created solely for the benefit of
the Town of Avon.
3. Pursuant to the Final Plat and the restrictive easements and covenants set forth therein
relating to the Drainage Easement, the Drainage Easement may be released by the Town of
Avon, if drainage facilities ("Drainage Facilities") acceptable to the Town of Avon were
installed for Lots A, B and C, Avon Center at Beaver Creek.
4. The Town of Avon (a) has determined that acceptable Drainage Facilities have been
installed subject to the terms and conditions set forth in the Agreement Governing Design,
Construction, and Management of Storm Water Detention and Pollution Control Facilities
recorded with the Clerk and Recorder of Eagle County at Reception No. 731541 and (b) now
desires to terminate and release the Drainage Easement.
TERMINATION AND RELEASE
NOW, THEREFORE, in consideration of the Recitals set forth above and for other
valuable consideration, the Town of Avon hereby releases and terminates the Drainage Easement
and hereby waives, relinquishes and surrenders any rights in and to the Drainage Easement
which, from and after the date of execution hereof, shall no longer be of any force or effect.
IN WITNESS WHEREOF, this Termination and Release of Easement was executed by
the Town of Avon as of the date first written above to be effective as of that date.
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CO_DOCS_A #135049 v4
TOWN OF AVON
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
SUBSCRIBED AND SWORN TO before me this ~I day of
-1 10'1/0 l~l~ by c~lg r p .2 A as
of the Town of Avon.
WITNESS my hand and official seal.
My commission expires: N DLo
(SEAL) 0 Notary P li
~~~~ERi F nI c~rF
,9~F OFB,LO,`OQ,P
My Commission Expires 04/08/2006
CO DOCS A #135049 v4
Memo
To: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
',From: Ruth Borne, Community Development
Date: November 5, 2003
Re: Release of Easement on Mountain Vista Resort Subdivision
Summary: As p art of t he construction a nd d evelopment a pproval for Lot C,
Sheraton Mountain Vista stormwater detention and pollution control facilities, were
required and installed on Town property known as Tract G, Block 2, Benchmark
at Beaver Creek Subdivision. These stormwater detention and pollution control
facilities replace the historic drainage easement on Lot C. The purpose of
vacating this easement is to reflect the actual placement and installation of the
stormwater and detention facilities on Tract G.
Recommendations: Approval of vacating this easement is recommended on
Lot C, Mountain Vista Resort Subdivision to reflect the new drainage easement
and stormwater facilities created on Tract G.
Town Manager Comments:
FACouncd\MEMOS\2003\Vacating Easement On Lot C.Doc I
TERMINATION AND RELEASE OF EASEMENT
THIS TERMINATION AND RELEASE OF EASEMENT is executed this
day of , 2003 by the Town of Avon, County of Eagle, State of Colorado
(the "Town of Avon").
RECITALS
1. Pursuant to a Final Plat and Resubdivision of Lots B and C, Avon Center at Beaver
Creek (the "Final Plat"), recorded October 25, 1988, in the real estate records of Eagle County,
Colorado (the "Records") at Book 493 and Page 704 at Reception No. 389900, a drainage
easement (the "Drainage Easement") on Lot C, the property now known as Mountain Vista
Resort Subdivision, pursuant to the Final Plat therefor, recorded in Eagle County at Reception
No., 754854 and all amendments thereto, was dedicated to the Town of Avon.
2. The Final Plat states that the Drainage Easement was created solely for the benefit of
the Town of Avon.
3. Pursuant to the Final Plat and the restrictive easements and covenants!set forth therein
relating to the Drainage Easement, the Drainage Easement may be released by the Town of
Avon, if drainage facilities ("Drainage Facilities") acceptable to the Town of Avon were
installed for Lots A, B and C, Avon Center at Beaver Creek.
4. The Town of Avon (a) has determined that acceptable Drainage Facilities have been
installed subject to the terms and conditions set forth in the Agreement Governing Design,
Construction, and Management of Storm Water Detention and Pollution Control Facilities
recorded with the Clerk and Recorder of Eagle County at Reception No. 731541 and (b) now
desires to terminate and release the Drainage Easement.
TERMINATION AND RELEASE
NOW, THEREFORE, in consideration of the Recitals set forth above and for other
valuable consideration, the Town of Avon hereby releases and terminates the Drainage Easement
and hereby waives, relinquishes and surrenders any rights in and to the Drainage Easement
which, fi-om and after the date of execution hereof, shall no longer be of any force or effect.
IN WITNESS WHEREOF, this Termination and Release of Easement was executed by
the Town of Avon as of the date first written above to be effective as of that date.
TOWN OF AVON
CO_DOCS_A #135049 v4
By:_
Title:
i
I
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
SUBSCRIBED AND SWORN TO before me this
by
of the Town of Avon.
WITNESS my hand and official seal.
My commission expires:
(SEAL)
CO_DOCS_A #135049 v4
day of
as
Notary Public
2