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TC Ord. No. 1984-01279298 TOWN OF AVON ORDINANCE NO. #84-1 EA HNNETTE PHILLIPS SERIES OF 1984 GLE CTY. RECORDER 1 APR li I 04 PH '84 AN ORDINANCE OF THE TOWN OF AVON, COLORADO PROVIDING FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT IN LOT#63, BLOCK#2, BENCHMARK AT BEAVER CREEK SUBDIVISION WHEREAS, the Town Council of the Town of Avon, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of that certain drainage and utility easement described hereinbelow in this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Avon, Colorado, that: 1. All that part of the 7 1/2-foot drainage and utility easement along the east side of Lot 63, Block 2, Benchmark at Beaver Creek Subdivision, as indicated on the official Plat for the Town of Avon, County of Eagle, State of Colorado, as of record, said easement herein vacated being further described as indicated by cross-hatching marks on Exhibit A attached hereto and incorporated herein by this reference, be, and the same is, no longer required for public use and the public interest will be subserved by such vacation. 2. After final passage of thisf„Ordinance, the Town Clerk shall cause to be filed for record in the Office of the Clerk and Recorder of the County of Eagle, State of Colorado, a certified copy of this Ordinance. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED THIS 14TH DAY OF FEBRUARY, 1984, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 28th day of February, 1984 at 7:30 p.m. in the Municipal Building `of ;jth-e,- Town of Avon, Colorado. GF "~l` Allan R Nottingh , Mayor l_J INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 28th day of February , 1984. Allan R. ottingham,; ayor -2- ~ EXHIBIT A DRAINAGE AND UTILITY EASEMENT LOCATED IN LOT 63 F ICI2 A RESUB 62 64 AMENDMENT NOD 4v BENOCHMOARKLAAT BEAVE~R3 REEK OBLOCK C AL PLAT TOWN OF AVON. EAGLE COUNTY,COLORADO O c N69°01'52"E 42H43' N 20 58 08 W 42.43' N 65 056'0 8 W SCALE N 65058'08"W 410.00 C 10.00 O~ Sri N N 65°58'08"W N 1 72.47 . \ cy 1 LOT 63 0 1 N N It 75 I - ' N N 1 DRAINAGE & UTILITY EASEMENT---" _ 9 563 6 OS "E I o~ 13.39' \ I OOH 0O S65 5808 E 468.37 t BENCHMARK ROAD,A 50' ROADWAY Ei UTILITY EASEMENT / 75' DRAINAGE 8 UTILITY EASEMENT TO BE VACATED LAND DESCRIPTION A drainage and utility easement located in Lot 63, a resubdivision of Lots 62,63 and 64, Block 2, Amendment No. 4, Benchmark at Beaver Creek Official Plat, Town of Awn, Eagle County, Colorado, more particularly described as follows: Beginning at a point ccmnm to the Northeast corner of Lot 63 and the Northwest corner of Lot.61, thence S24010'52"W, 194.45 feet along the East property line of Lot 63 to a point common to the Southeast corner of 'Lot 63 and the Southwest corner of Lot 61; thence N6505q'0131.7, 7.50 feet along the Southeasterly property line of Lot 63; thence N24001152"E, 194.45 feet to a point on the Northeasterly property line of Lot 63; thence along said line S65°58'08"E, 7.50 feet to the point of beginning. Said easement contains 1,158 square feet. 16836 4 P.ti: K44 a alpes to, 196+ NOTICE: According to Colorado law you must commence any KKBNA INC. legal action based upon any defect in this survey within six years after you first discover such defect. In no event. may any ` CONSULTING ENGINEERS AND action based upon any defect in this survey be commenced more LAND SURVEYORS than ten years from the date of the certification shown hereon. P.O•BOX97,EDWARDS,COLORADO 61632J3031926-3373 t I p ~o rya$I a u_ . • CONVEYANCE OF EASE 11E11T 27~2g7 a_ PAGE 990 JOHNNETTE PHILLIPS EAGLE CTY. RECORDER THIS CONVEYANCE dated. February 14, 1984, is from PPL APR DEVELOPMENT CORPORATION, California corporation ("PPL"), to H.A.L. CONSTRUCTION, TNC., a Colorado corporation ("H.A.L."). RECITALS 1. PPL is the record and beneficial owner of Lot 63 ("Lot 63"), Block 2, Amendment No. 4, Benchmark at Beaver Creek, Official Plat, Town of Avon, according to the plat recorded April 21, 1981, in Book 321 at Page 910, County of Eagle, State of Colorado. . 2. H.A.L. is the record and beneficial owner of Lot 61 ("Lot 61"), Block 2, as per the Official Plat-Town of Avon, Eagle County, Colorado, and the Final Subdivision Plat-Amendment Number 4, Benchmark at Beaver Creel:, Eagle County, Colorado, recorded on September 5, 1978, in Fool; 274 at Page 701. 3. PPL is in the pro commercial structure on Lot single level parking garage beneath the existing ground (within six inches or less) which property line is also ccss of constructing a residential and 63, which structure is to contain a (the "Lot 63 Garage") located partly level of Lot 63 and is to abut the easterly property line of Lot 63, the westerly property line of Lot 61. 4. H.A.L. contemplates but has not obligated itself to construct a structure on Lot 61, which structure may contain a parking garage (the "Lot 61 Garage") which may or may not be located partly beneath the existing ground level of Lot 61, and which may or may not abut the westerly property line of Lot 61. 5. In the event that II.A:L. constructs the Lot 61 Garage, PPL desires to give H.A.L. the right to connect the Lot 61 Garage to the Lot 63 Garage through the means of a passage way to allow pedestrian and vehicular ingress and egress to the Lot 61 Garage through the Lot 63 Garage to public walkways and highways. 6.1 T N E S SET H PPL, for and in consideration of the sum of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby sell and convey to H.A.L. a non-exclusive, perpetual easement and right of way under, over, across and through such part of Lot 63 as comprises the Lot 63 Garage, that part of Lot 63 located between the Lot 63 Garage and the easterly boundary line of Lot 63 and all ingress and egress vehicular roads and pedestrian walkways connecting the Lot 63 Garage to Benchmark Road, Town of Avon, Colorado, and the Avon Town Mall, for the purpose of using the Lot 63 Garage and such vehicular roads and pedestrian walkways for pedestrian and vehicular ingress and egress between the Lot 61 Garage and Benchmark Road, Town of Avon, Colorado, and the Avon Town Mall. TO HAVE AND HOLD said easement and right of way unto H.A.L. and its successors and assigns. The easement and right of way hereby granted shall run with the land and shall be appurtenant to L6t 61, such that a transfer of legal title to all or any portion of the Lot 61 shall automatically transfer a proportionate interest i_n this easement and right of way. In consideration of this conveyance and the consideration stated above, the parties hereto hereby further agree as follows: 1. PPL, at its sole cost and expense, shall construct the easterly wall of the Lot 63 Garage such that an opening (the "Passage Way") may be made in such wall at least- 20.0 feet wide and 9.0 feet high (measured from the level of the Lot 63 Garage floor), with the center of the Passage Way to be located on the centerline of a main access lane in the Lot 63 Garage, simply by cutting and removing the concrete composing the wall and without the need for any additional. reinforcement, support beams or headers being required to support the Passage Way. 2. PPL, at its sole cost and expense, shall open the Passage Way for II,A.L.'s- use within 20 days of the request of H.A.L.; provided, however, that such request must be in writing, the Lot 61 Garage must be under construction and the request must be accompanied by an executed and acknowledged conveyance of easement from H.A.L. to PPL granting and conveying to PPL similar rights of ingress and egress through the Lot 61 Garage as have been provided to H.A.L. in the easement and right of way granted herein through the Lot 63 Garage. 3. PPL, at its sole cost and expense, shall at all times maintain the Lot 63 Garage and all ingress and egress vehicular roads and pedestrian walkways connecting the Lot 63 Garage to the Benchmark Road, Town of. Avon, Colorado, and the Avon Town Mall, in good order, condition and repair. 4. PPL and H.A.L. agree that the Lot 61 Garage and that part of the Passage Clay, if any, comprising the opening in the Westerly wall of the Lot 61 Garage shall be constructed at the sole cost and expense of H..A.L.; provided, however, that the cost and expense of constructing that portion of the Passage Way, if any, located between the easterly wall of the Lot 63 Garage and the westerly wall of the Lot 61 Garage and the cost and expense., of connecting the Passage Way to such two walls shall be split equally and paid one-half by PPL and one-half by H.A.L. 5. H.A.L. acknowledges and agrees that the easement and right of way hereby granted shall confer no right upon H.A.L. to park vehicles in the Lot 63 Garage-or use Lot 63 otherwise than as granted herein. Each provision of this Conveyance of Easement and agreement, promise, covenant and undertaking to comply with each provision of this Conveyance of Easement, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision of this Conveyance of Easement: (i) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any portion of Lot 63 or Lot 61 is granted, devised or conveyed, whether or not set forth or referred to in such deed or other instrument; (ii) shall, by virtue of acceptance of any right, title or interest in any portion of Lot 63 by an owner thereof, be deemed accepted, ratified, adopted and declared as a personal covenant of such owner and, as a personal covenant, shall be binding on such owner and his heirs, personal representatives, successors and assigns; and, shall be deemed a personal covenant to, with and for the benefit of each owner of any portion of Lot 61; and (iii) shall be deemed a real covenant by the parties hereto, for themselves, their successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each and every portion of Lot 63. 2 ! - 0 0 III WITPTESS WHEREOF, this Conveyance of Easement is executed effective as of the date first-_ set forth above. (SEAL) (SEAL) ATTEST : I Willianf J. o t, Assistant Secretary PPL DEVELOPMENT CORPORATION, a California corporation BY: ~ / o ert c son, Vice Pres dent H.A.L. CONSTRUCTION, INC., a Colorado corporation BY: Helmut A. Lz zsc zes, President The undersigned holder of a deed of trust upon Lot 63 hereby consents to and subordinates its interest to the provisions of this Conveyance of Easement. BY: STATE OF COLORADO ) sc . COUNTY OF EAGLE ) President .The regoing instrument was acknowledged before rye this d 4f, scrcC ' 1.9<4, by Robert L. Jackson. as Vice President . _11 as Secretary of PPL Development Corpo at , a .a orni.a corporation. Witness my band and official seal. Nl CUn11at IJIVIt j .I~a nrl~i 1'f, t,,;:• My commission expire,: Notary u zc Address : P. YPX 7 tv, CO. ?1(,,Ra 3 • 0 STATE OF COLORADO ) ss, COUNTY OF EAGLE ) The .foregoing; instrument was acknowledged before me this z!;-!° day of 1984 , by Helmut A. Lilischkies as President anat`William J. most as Assistant Secretary of H.A.L. Construction Corporation, a Colorado corporation. Witness my hard and official. seal. My commission expires: ~ I-To 11-u is Address: S Wt ~~~c• F" j. V. L STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of - , 1984, by as President an as Secretary o Witness my hand and official seal. My commission expires: Notary Public Address: 4 ~7- STATE OF COLORADO ) COUNTY OF EAGLE } SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 28TH DAY OF FEBRUARY, 1984 AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.#84-1, SERIES OF 1984: AN ORDINANCE OF THE TOWN OF AVON, COLORADO PROVIDING FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT IN LOT#63, BLOCK#2, BENCHMARK AT BEAVER CREEK SUBDIVISION A copy of said ordinance is attached hereto and is also on file at the office of the Town Clerk and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 14th day of February, 1984. POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON FEBRUARY 15, 1984: THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING TOWN OF AVON, COLORADO