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TC Ord. No. 2009-15 Approving the waterline easement to upper eagle river water authority Tract A Riverfront SubdivisionTOWN OF AVON ORDINANCE NO. 09-15 SERIES OF 2009 AN ORDINANCE APPROVING THE WATERLINE EASEMENT TO UPPER EAGLE RIVER WATER AUTHORITY, TRACT A, RIVERFRONT SUBDIVISION WHEREAS, the Town of Avon ( "Town ") previously Town of Avon approved Ordinance 06 -03, Riverfront Subdivision PUD Development Plan, Town of Avon, Eagle County, Colorado, dated May 9, 2006 and recorded in the Office of the Eagle County Clerk and Recorder, Colorado, Reception No. 200615957; and WHEREAS, the Original the Town Council approved Resolution No. 06 -25, the Final Plat, Subdivision Improvements Agreement and Related Documents for Riverfront Subdivision, which required a waterline to be constructed on Tract A, Riverfront Subdivision on May 23, 2009, recorded in the Office of the Eagle County Clerk and Recorder, Colorado, Reception No. 200615955; and WHEREAS, the waterline was constructed as required and shall be owned, operated and maintained by the Upper Eagle River Water Authority who requires the waterline easement ( "Waterline Easement ") in order to operate and maintain the water line; and WHEREAS, the Town Council finds that dedication of the Waterline Easement attached hereto shall promote the health, safety and general welfare of the Avon community by allowing improvements to be properly operated and maintained; and WHEREAS, a the Town Council conducted public hearing on November 10, 2009, in accordance with Section 6.5(d) of the Avon Home Rule Charter, and considered all comments prior to considering final adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AVON HEREBY ORDAINS: SECTION 1. WATERLINE EASEMENT ACCEPTED. The Town Council hereby authorizes and approves execution and dedication of the Waterline Easement. SECTION 2. MAYOR AND TOWN CLERK AUTHORIZATION. The Mayor and Town Clerk are hereby authorized to execute and sign the water easement in the form attached hereto as Exhibit A: Waterline Easement and take such other actions as may be necessary or implied to implement the provisions of this Ordinance. Ord. No. 09 -15 Town of Avon Page 1 of 3 SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder of page intentionally left blank — signature page follows] Ord. No. 09 -15 Town of Avon Page 2 of 3 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the 10th day of November, 2009, at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on the 13th day of October, 2009. �oWN OFgVO 4L Ronald C. Wolfe, Mayor Published pasting in at 1�ast Three public places in Town and posting at the office of the Town Clerk at leas` even days prio 0 final action by the Town Council. CdCORA`�Q ATTEST: APPROVED AS TO FORM: a Kenny, Town lerk Eric Heil o n Attorney INT"DUCED, ` INA4,LY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUB h (SHE D BY POSTING on the 10th day of November, 2009. . S Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. Ord. No. 09 -15 Town of Avon Page 3 of 3 EXHIBIT A WATER EASEMENT THIS EASEMENT is made this 10 day of %l �M�c , 2009, by and between the TOWN OF AVON, a Municipal Corporation and political subdivision of the State of Colorado (hereinafter referred to as "Grantor "), and UPPER EAGLE REGIONAL WATER AUTHORITY, a political subdivision of the State of Colorado within the County of Eagle, (hereinafter referred to as "Authority "). WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Authority to Grantor, the adequacy and receipt of which is hereby acknowledged, the Grantor does hereby quitclaim unto the Authority, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground water lines and all underground and surface appurtenances related thereto, including without limitation valve boxes, meter vaults and manholes (hereinafter "water lines "), together with any and all water lines situate therein, all necessary rights -of -way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle, State of Colorado, to -wit: See EXHIBIT A attached hereto and incorporated herein by reference. Grantor will at no time permit, place or construct any structure, building or improvement of any kind, temporary or permanent, on any part of the above - described premises. Any structure, building or improvement located on the above - described premises as of the date of this Easement, may be removed by the Authority without liability for damages arising therefrom. Following the completion of the purpose of any entry by the Authority upon such easement for any of the aforesaid objects, the Authority shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for structures, buildings, improvements (including, without limitation, sidewalks, driveways, parking areas, planters, and walls) and plants (including, without limitation, trees and slu-ubs), thereon located or damaged thereby. All provisions of the Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. 100174587.DOC !} IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. GRANTO . By: Name: m�a.lc� C • �o��� Title: J STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Ea ement was subscribed and sworn to before me this 10 day of 116VaAi�L, 2009, by eef� .d as _ of Grantor. Witness my hand and official seal. My Commission Expires 04/27/2010 'I 1 -1-7 l a o I D '3 " ^ �G otar u is ACCEPTED by the Upper Eagle Regional Water Authority this day of .2009. AUTHORITY: By: Name: Dennis Gelvin Title: General Manager 100174587.00C /1 2 OtO"ITSM co 11 �ro r Z c @ r p 2-° ° ! / / rl o�oo,a7 ml c@ :t °o �oma o/ 'z O C lc O ^I A D o " a@ n / Z Z -1 > cl OD �E m bp �a o D T / m z rz 01 O @ O O N .O+ (*7 X ' `�. /i V G 2 (mil @ m D O o o o �., 7 } Q ; �; • '� { `I m Z to o mma "o W O NO<o> ,; n 4: n N S F 3 o L. I 3 N n °) o N 0 O@ ° CD MI °vo❑ u�o @o�v: I 1"d;1 v ;-L ° �°i ° -o�o Ie' mI�'? aN XT '2-7, oz ° @@ n mom ' I (O Os@ @� O c" DD oO �m O O' y - a, O' m o o'@ o o ° -' n IV v I I �N M CD _ t J In ci� f V I o v C31 I N c. I m "Ig I � I 5a:zo om z+mf I !° ! m 5 $p oaz m m> I m n oc n A I n -i A y0 z °0x3' A O [CJl O' S' o is pa, ` O z V co 3= N z 3s W m atnv DD cb C� tJ _ A $ 3 U 1 - .._—.- _ -- i5 �o� Z ° ^ Z 7 3 µ D @ NO 7. °o ° � @ to C o 71 ono CD u4 t� • • r c lo, Lrl 41 ANN Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, P.E., Town Engineer 41 Date: November 3, 2009 Re: Ordinance No. 09 -15, Approving the Waterline Easement to Upper Eagle Water Regional Authority, Tract A, Riverfront Subdivision Summary: Attached to this Memorandum is Ordinance 09 -15, an Ordinance approving the Waterline Easement to Upper Eagle Water Authority ( UERWA) on Tract A, Riverfront Subdivision (Attachment A). The waterline was constructed as part of the Riverfront Subdivision in 2007 and the easement is required by the UERWA in order for them to properly access and maintain the waterline. Staff recommends approval of Ordinance 09 -15, Series of 2009, on second reading. Discussion: In 2006 and 2007, the Riverfront Subdivision infrastructure was constructed, including a water main line from Riverfront Lane to Tract A, Riverfront Subdivision. Tract A, Riverfront Subdivision was dedicated to the Town of Avon in 2007 for a park along the Eagle River. The UERWA requires that all utilities be located in easements that allow the UERWA to access and maintain their infrastructure. Currently the subject water line is not located in an easement and the UERWA is requiring that an easement be dedicated in order for the UERWA to accept the waterline for maintenance. At the previous meeting on October 27, 2009, the Ordinance was tabled since the Town Attorney's suggested changes to the Easement, namely changing the type of easement to Quitclaim Deed, were not accepted or reviewed by UERWA counsel. UERWA accepted the changes and the easement agreement is executed by Dennis Gelvin, General Manager. Financial Implications: There are no financial implications in granting this easement. Recommendation: Staff recommends approval of Ordinance No 09 -15, an Ordinance approving the Waterline Easement to Upper Eagle Regional Water Authority on Tract A, Riverfront Subdivision on second reading. Proposed Motion: I move to approve Ordinance No. 09 -15, Series of 2009, an Ordinance approving the Waterline Easement to Upper Eagle Regional Water Authority on Tract A, Riverfront Subdivision. Town Manager C ments: Attachments: Attachment A: Ordinance 09 -15, Series of 2009 Exhibit A to Ordinance 09 -15: Waterline Easement Agreement ATTACHMENT A TOWN OF AVON ORDINANCE NO. 09 -15 SERIES OF 2009 AN ORDINANCE APPROVING THE WATERLINE EASEMENT TO UPPER EAGLE RIVER WATER AUTHORITY, TRACT A, RIVERFRONT SUBDIVISION WHEREAS, the Town of Avon ( "Town ") previously Town of Avon approved Ordinance 06 -03, Riverfront Subdivision PUD Development Plan, Town of Avon, Eagle County, Colorado, dated May 9, 2006 and recorded in the Office of the Eagle County Clerk and Recorder, Colorado, Reception No. 200615957; and WHEREAS, the Original the Town Council approved Resolution No. 06 -25, the Final Plat, Subdivision Improvements Agreement and Related Documents for Riverfront Subdivision, which required a waterline to be constructed on Tract A, Riverfront Subdivision on May 23, 2009, recorded in the Office of the Eagle County Clerk and Recorder, Colorado, Reception No. 200615955; and WHEREAS, the waterline was constructed as required and shall be owned, operated and maintained by the Upper Eagle River Water Authority who requires the waterline easement ( "Waterline Easement ") in order to operate and maintain the water line; and WHEREAS, the Town Council finds that dedication of the Waterline Easement attached hereto shall promote the health, safety and general welfare of the Avon community by allowing improvements to be properly operated and maintained; and WHEREAS, a the Town Council conducted public hearing on November 10, 2009, in accordance with Section 6.5(d) of the Avon Home Rule Charter, and considered all comments prior to considering final adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this Ordinance; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AVON HEREBY ORDAINS: SECTION 1. WATERLINE EASEMENT ACCEPTED. The Town Council hereby authorizes and approves execution and dedication of the Waterline Easement. SECTION 2. MAYOR AND TOWN CLERK AUTHORIZATION. The Mayor and Town Clerk are hereby authorized to execute and sign the water easement in the form attached hereto as Exhibit A: Waterline Easement and take such other actions as may be necessary or implied to implement the provisions of this Ordinance. Ord. No. 09 -15 Town of Avon Page 1 of 3 SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder of page intentionally left blank — signature page follows] Ord. No. 09 -15 Town of Avon Page 2 of 3 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the 10th day of November, 2009, at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on the 13th day of October, 2009. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 10th day of November, 2009. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord. No. 09 -15 Town of Avon Page 3 of 3 r EXHIBIT A WATER EASEMENT THIS EASEMENT is made this day of 2009, by and between the TOWN OF AVON, a Municipal Corporation and political subdivision of the State of Colorado (hereinafter referred to as "Grantor "), and UPPER EAGLE REGIONAL WATER AUTHORITY, a political subdivision of the State of Colorado within the County of Eagle, (hereinafter referred to as "Authority "). WITNESSETH, that for and in consideration of the stun of One Dollar ($1.00) and other good and valuable consideration paid by the Authority to Grantor, the adequacy and receipt of which is hereby acknowledged, the Grantor does hereby quitclaim unto the Authority, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground water lines and all underground and surface appurtenances related thereto, including without limitation valve boxes, mcter vaults and manholes (hereinafter "water lines "), together with any and all water lines situate therein, all necessary rights -of -way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor, as may be reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle, State of Colorado, to -wit: See EXHIBIT A attached hereto and incorporated herein by reference. Grantor will at no time permit, place or construct any structure, building or improvement of any kind, temporary or permanent, on any part of the above - described premises. Any structure, building or improvement located on the above - described premises as of the date of this Easement, may be removed by the Authority without liability for damages arising therefrom. Following the completion of the purpose of any entry by the Authority upon such easement for any of the aforesaid objects, the Authority shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for structures, buildings, improvements (including, without limitation, sidewalks, driveways, parking areas, planters, and walls) and plants (including, without limitation, trees and shrubs), thereon located or damaged thereby. All provisions of the Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. 100174587.DOC 1} IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. GRANTOR: By: Name: Title: STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Easement was subscribed and sworn to before me this day of , 2009, by as of Grantor. Witness my hand and official seal. My commission expires: Notary Public ACCEPTED by the Upper Eagle Regional Water Authority this day of , 2009. AUTHORITY: By: Name: Dennis Gelvin _ Title: General Manager (00174587_DOC /} 2 cn L. Of LO O C14 C, - 12 0 o ID M J) 'a < z :3 V) < 5; S < < z Q z z F- wxzc Qw<� Do z UdW LO Ci I 00 c En z zi 0 < 10 Z < 5; S < < z Q z z F- wxzc Qw<� Do z UdW LO Ci I 00 c En I cc To .R E S. E ionaE lu 0) i7 -t to '<D m 2 5 v) 4 b 8 C n c cm I-ol J3 m N I Ld ml U v) C) 2- c, 0 co zIl y c. W vn V.vo.o Z c 'z 2 oo — s . 5: > _ LLj s, 2 IE N z < 2 m in < Q, r L I cc To .R E S. E ionaE lu 0) i7 -t to '<D m 2 5 v) 4 b 8 C n c cm I-ol J3 m N I Ld ml U v) C) 2- c, 0 co zIl y c. W vn V.vo.o Z c 'z 2 oo — s . 5: > _ LLj s, 2 IE N z < 2 m in Memo To: Honorable Mayor and Town Council Thru: Larry Brooks, Town Manager From: Justin Hildreth, Town Engineer;, Date: October 8, 2009 `V Re: Ordinance No. 09 -15, Approving the Waterline Easement to Upper Eagle Water Authority, Tract A, Riverfront Subdivision Summary: Attached to this Memorandum is Ordinance 09 -15, Approving the Waterline Easement to Upper Eagle Water Authority on Tract A, Riverfront Subdivision (Attachment A). The waterline was constructed as part of the Riverfront Subdivision in 2007 and the easement is required by the UERWA in order for them to properly access and maintain the waterline. Discussion: In 2006 and 2007 the Riverfront Subdivision infrastructure was constructed including a water main line was built from Riverfront Lane to Tract A, Riverfront Subdivision. Tract A, Riverfront Subdivision was dedicated to the Town of Avon in 2007 for a park along the Eagle River. The UERWA requires that all utilities be located in easements that allow the UERWA to access and maintain their infrastructure. Currently the subject water line is not located in an easement and the UERWA is requiring that an easement be dedicated in order for the UERWA to accept the waterline for maintenance. Financial Implications: There are no financial implications in granting this easement. Recommendation: Staff recommends approval of Ordinance No 09 -15, Approving the Water Easement to Upper Eagle Water Authority on Tract A, Riverfront Subdivision on first reading. Proposed Motion: I move to approve Ordinance No. 09 -15, Series of 2009, an Ordinance approving the Water Easement to Upper Eagle Water Authority on Tract A, Riverfront Subdivision. Town Manager Co ents: achments: Attachment A: Ordinance 09 -15, Series of 2009 Exhibit A to Ordinance 09 -15: Water Easement Agreement ATTACHMENT A TOWN OF AVON ORDINANCE NO. 09 -15 SERIES OF 2009 AN ORDINANCE APPROVING THE WATER EASEMENT TO UPPER EAGLE RIVER WATER AUTHORITY, TRACT A, RIVERFRONT SUBDIVISION WHEREAS, the Town of Avon ( "Town ") previously Town of Avon approved Ordinance 06 -03, Riverfront Subdivision PUD Development Plan, Town of Avon, Eagle County, Colorado, dated May 9, 2006 and recorded in the Office of the Eagle County Clerk and Recorder, Colorado, Reception No. 200615957; and WHEREAS, the Original the Town Council approved Resolution No. 06 -25, the Final Plat, Subdivision Improvements Agreement and Related Documents for Riverfront Subdivision, which required a waterline to be constructed on Tract A, Riverfront Subdivision on May 23, 2009, recorded in the Office of the Eagle County Clerk and Recorder, Colorado, Reception No. 200615955;and WHEREAS, the Such waterline was constructed as required and shall be owned, operated and maintained by the Upper Eagle River Water Authority who requires the water easement in order to operate and maintain the water line; and WHEREAS, the Town Council finds that dedication of the Water Easement attached hereto shall promote the health, safety and general welfare of the Avon community by allowing improvements to be properly operated and maintained; and WHEREAS, a public hearing was conducted in accordance with Section 6.5(d) of the Avon Home Rule Charter; and WHEREAS, the Town Council conducted a public hearing on October 13, 2009 and considered all comments prior to considering final adoption of this ordinance; and WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF AVON HEREBY ORDAINS: SECTION 1. CONSERVATION EASEMENT ACCEPTED. The Town Council hereby authorizes and approves execution and dedication of the Easement. SECTION 2. Mayor and Town Clerk Authorization. The Mayor and Town Clerk are hereby authorized to execute and sign the water easement in the form attached hereto as Exhibit A: Ord. No. 09 -15 Town of Avon Page 1 of 3 Water Easement and take such other actions as may be necessary or implied to implement the provisions of this Ordinance. SECTION 3. SEVERABILITY. If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. SECTION 5. SAFETY CLAUSE. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. SECTION 6. PUBLICATION BY POSTING. The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [remainder of page intentional left blank — signature page follows] Ord. No. 09 -15 Town of Avon Page 2 of 3 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for 5:30 p.m. on the 27th day of October, 2009, at the Council Chambers of the Avon Municipal Building, located at One Benchmark Road, Avon, Colorado, on the 13th day of October, 2009. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: APPROVED AS TO FORM: Patty McKenny, Town Clerk Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on the 27th day of October, 2009. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ord. No. 09 -15 Town of Avon Page 3 of 3 EXHIBIT A FS Specifications for ter i',4ains E:f21�'�tcSf.) WATER EASENIENT 1 *1115 EASEMENT is made this day of 0—, by and hetkvccn ','I IL- fj -F- n,, ci+ (hereinafterrefierred to as "0 rail tor"). DISTRIC."F, a quasi- municipt l corpora ticl of the State of Colorado kw.i ill it] the County of C , (hereinattcr referred to as - District "). . WlTNFSSI T1 -I, that for and, in consideration of the sum ofE)ne Dollar (.51.00) and- other I'lood in-(] valuable consideration paid by the [district to Grantor, Ihe, receipt of which is hereby acknowledged, the Grantor dues liereby grant, convey and transfer unto the District, its successors and assigns, a perpetual casement and right to constnict, install, remove, redact;, add to., maintain, repair. Operate, change or alter underground water lines and all Underground and surface appurtenances related IheretO such as valve boxes, mctOr vaulty and manholes (hereinalliet ``water lines "), together with any and all water lines situate therein, all necessary rig,llts -of -wiry fur convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time as notch of the adjoining land ofthe Grantor as may be reasonably necessary for any Of the aforesaid purposes. over, under and across the following described premises, situate in the County of t, A 6tL_ w . State of Colorado, to -wit; See EXIIIBIT A attached hereto and incorporated herein by reference. Grantor warrants that the Grantor has the lawful right to grant and convey such casement, . rights - of '-way. and wafer lines. further, Grantor warrants that the water lines are free and clear ofall liens and encumbrances. Grantcir will at no time permit, place- or (:onstruct any structure. building or improvement of any kind. temporary or permanent, on any part of the above- described.prenlises. Any structure, building or inlprovcnlent located on the abox c- described premises as ofthe (late of this Easement, may be removed by the Dktrict without. liability I:cir damages arising therefrorn. Following the completion of the purpose of arty entry by the District upon such casement fi:)r any of'the alitresaid objects. the District shall restore the premises to substantially the same Cl)ndlti011 CXiSting at the time ofthe entry thereon, except for shrubs. plants, sidewalks, driveways or parking areas thereon located or damaged therebv. All provisions ofthe Fusenient, including, all henefits and burdens, shall run ,kith the land and shall be binding upon and inure to the benefit ofthe successors and assigns ofthe parties hereto. 1;ubj1CC1 hO the 11r0Vi1;l0llS hcrCilf. . .I, -r. ,I'.. . 1 -'1, .. . 11. . -6-4- .,•. ..� StarldardSOccifications fi,)r Water Mains -Water EMeivient .IN WITNESS WHEREOF. (lie pat-ties hereto have set lbeir hands and seal (tic day and ,year first above writlen. GRANTOR: STATF OF COL ORA DO t. N.a me of Grantor) tor) COUNTY OF __ _ day of 20t by )�-TITNE'S$ my hand and official seal. (S P, A L) Notary Public ply commission expires: ACCEPTED by the District this day of 20 1.) 1 STR I r BY:_ (icllQral pUeL1C PEDESTRIAN ACCESS ., i ANNO PL.A -Z�A AREA EASEMENT j LOT 2 L- RIVERFRONT SUE"ASIOIt P.O.B. REC. #2D0615950 \ f N75'57'24 'E 23.U5 \A ! SB9- 24'00wE r N67'07'11 "E _ S89'24'00 'E \ 21.96 57.94' �. / # .; B ,S88'05'36 " — 579 d 36 "E �. 72.2 6` 17 4 S�i•252, — -- N89'1_ 5B —W — — "� X19 ✓, � 95. ?6• DESCRIBED ?ARCEL R= 480 00' ' L= 31.12' Tan =15.57 A_3'42'55" CND =N 7176 26 "W 31.12 E ` CENTER_3N EXISTING WATER AND SE EAGLE- AVER EASEMENTR EXISTING SEWER ' 1 EASEMENT CENTERLINE OF EAGLE RIVER N81 '24'46 '*W 214.94' 162.26, N8 ":'26'34 "W `47 214.88. (p) S86.00 162.21' (F i 586.00 59 W LOT 1 RIVERMONT SUBT"SiOtl REC. ,F2O0615960 Ati bearings contained hereon on ar inef�fe'�aQdltcRi'ae.rfont bearing of 589.24'(10 "E being No. 100615950 Subdivision, Rec. Robert S. Lee State a; Colorado u ASIS OF BEARING -. SOUTH LINE LOT 1 P.IVERFRON-f S06Ct: