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TC Res. No. 1984-202.8-2 6 4 5 3Q RESOLUTION NO. # 84-20 PMT ~ I' JOtiNNETTE PHILLIPS - SERIES OF 1984 EAGLE CTY.RECORDER DEDICATION OF PUBLIC UTILITY EASEMENTS, IN TRACT N, BLACK 5, WILDRIDGE AND TRACT. K AND , TRACT J, WILDWOOD, TOM,' OF AVON, COLORADO. , WHEREAS, Wildridge is the owner of Tract N, Block 5, as per Replat Number'2, Final Subdivisicn•of Wildridge as recorded October 8, 1981 in Book 330 at Page 78 of the real property records of Eagle County, Colorado; and WHEREAS, Section 36 is the owner of Lots 1 and 2 Block 1, respectively, and Tracts J and K, as per Replat Number 1 of the Final Subdivision Plat of Wildwood as recorded March 5, 1982 in Book 337 at Page 364 of'the real property records of Eagle County,.Colorado; and WHEREAS, upon final design of the sewer lines through Blocks 1 and 2 of the Wildwood Subdivision it was determined that the platted easements would not suffice and/or provide the correct alignment for the proposed sewer lines; and WHEREAS, the recorded Subdivision plats for the Wildridge.and- Wildwood Subdivisions indicate that open tracts may be used for the purpose of locating utility easements given that the'owners, which in this case are also the applicants, and the Town of Avon permit such use in any of the tracts or portions of tracts; and WHEREAS, the Town of Avon has reviewed said easements and finds then satisfactory and in compliance with all Town of Avon regulations. NOW THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon that said easements on Tract N, Block 5, Wildridge and on lots 1 and 2, Block 1, respectively and Tracts K and J, Wildwood, Town of Avon, Colorado are hereby approved. INTRODUCED, PASSED, RESOLVED AND ADOPTED IN FULL THIS 22nd DAY OF MAY, 1984. Sheila R. Davis, Mayor Pro-Ten li'k 2 8 2 S 6 JOHNNETTE PHILLIPS A • EAGLE CTY. RECORDER _ MAY 29 -3 29 PH '84 DEDICATION.OF PUBLIC UTILITY EASEMENT 3 I~ THIS DEDICATION is made this Z-Z-*~daY of 1984, f by SECTION 36, INC., a Colorado corporation, whose address is P.O. Box 329, Avon, Colorado 81620, hereinafter referred to as "Section 36". RECITALS A. Section 36 is the owner of Tract J, as per Replat Number 1 of the Final Subdivision Plat of Wildwood as recorded March 5, 1982 in Book 337 at Page 364 of the real property records of Eagle County, Colorado. B. Section 36 is desirous of dedicating a public utility easement, together with the right of ingress and egress, on, over, under and across said easement, to all public utilites for the purposes of constructing, reconstructing, repairing, enlarging, removing, changing, operating and maintaining utility main lines and appurtenances thereto. NOW, THEREFORE, Section 36 hereby makes the following dedication: 1. Easement from Section 36. Section 36 hereby dedicates a public utility easement, together with the right of ingress and egress, to all public utilities, including but not limited to the UPPER EAGLE VALLEY SANITATION DISTRICT, on, over, under and across that certain real property as legally described in Exhibit "A", attached hereto and made a part hereof by this reference, for the purposes of constructing, reconstructing, repairing, enlarging, removing, changing, operating and maintaining utility main lines and appurtenances thereto. 2. Provisions for Use of Easement. a. Any and all public utilities desiring to use said easement shall notify in writing Section 36 and/or its successors and/or assigns prior to the use of said easement. b. Any and all public utilities using said easement shall promptly restore the subsurface and surface of the ground according to the standard requirements set forth by the Town of Avon and shall promptly replace any and/or all trees, brush, vegetation, concrete work, paving or other surface coverings removed or damaged by said public utility. 3. Successors and Assigns. This public utility easement shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, Section 36 has hereunto set its hand r r and seal the day and year first above written. ATTEST: BY Fm es F. Laframboise SECTION 36, INC. a Colo ado corporat' BY: rry D. G d, Vice Pres. f ACKNOWLEDGEMENTS STATE OF COLORADO ) )SS. COUNTY OF EAGLE ) The foregoing Dedication of Public Easement was acknowledged before me this Mpday of M&I , 1984, by Larry t D. Goad, as Vice President, and James F. TLa ramboise, as Secretary, respectively, of Section 36, Inc., a.Colorado y corporation. My commission expires: ~~r jz, /981 1~~~11 0 • Not y public Address LID A-V r o -2- EXHIBIT "A" UTILITY EASEMENT LOCATED IN TRACT'J" REPLAT NUMBER 1 OF THE FINAL SUBDIVISION PLAT WILDWOOD TOWN OF AVON EAGLE COUNTY, COLORADO TRACT I s 7~0 \3 39~E t 26a 9~ ~O P to ~i `00~. h P~ 000 #1 0 loo, L.GT / S~g8s1 4 E A= 64.27 r / TRACT "J" f 20' UTILITY EASEMENT SCALE I"=100' NO. RADIUS DELTA'' ARC CHORD BEARING / DIST (FT) (FT) (FT) 1 600.00 76030'00" . 801.11 S 78°58'13"W 742.91 2 228.74 28°18'15! :.'113.00 S 54°52'21"W 111.85 3 150.00 126 °58'35!, ;?j332.42 N 47°29'14"W 268.'45 LAND DESCRIPTI ON A parcel of land located in Tract " J", Wildwood Subdi vision Town of Avon, County of Eagle, State of Colorado, more part- icularly described as ten feet each side of the follow ing described center line: Beginning at a point on the property line common to Lot 2 and Tract "J" from which, the Northeast corner of Lot 2 bears N31°30'24"E, 131.07 feet; thence departing from said property line N74°26'57"E, 120.59 feet;-thence N53°35'08"E, 328.77 feet, thence N60.6 ..6$13711E, 161.94 feet, thence N74°49'07"E,, 84.90 feet,; thence S34°18'24"E, 85.18 feet to a point common to Tria,ct "J" and the West Wildwood Road right-of-way. Side line's-to be lengthened or shortened to terminate at the Easterly property line of Lot 2 and the West Wildwood Road right-of-way. 6400r, 16836 - A 0 e NOTICE: According to Colorado law you must commence any K K g N A ' C. legal action based upon any defect in this surrey 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. BOX 97, EDWARO5,00IMADO 81632,(30 926-3373 ~ 2647 DEDICATION OF PUBLIC UTILITY EASEMENT JOHNNETTE PHILLIP, EAGLE CTY. RECORDER 4,Y Z9 '3 29 PH '84 " 13 THIS DEDICATION is made thisZ2 10day of 1984, by WILDRIDGE DEVELOPMENT COMPANY, a Colorado partnership, whose address is P.O. 954, Avon, Colorado 81620, hereinafter referred to as "Wildridge", and SECTION 36, INC., a Colorado corporation,'whose address is P.O. Box 329, Avon, Colorado 81620, hereinafter referred to as "Section 36". RECITALS A. Wildridge is the owner of Tract N, Block 5, as per Replat Number 2, Final Subdivision of Wildridge as recorded , October 8, 1981 in Book 330 at Page 78 of the-real property records of Eagle County, Colorado. B. Section 36 is the owner of Lots 1 and 2, Block 1, respectively, and Tract K, as per Replat Number 1 of the Final Subdivision Plat of Wildwood as recorded March 5, 1982 in Book 337 at Page 364 of the real property records of Eagle County, Colorado. C. Wildridge and Section 36 are desirous of dedicating a public utility easement, together with the right of ingress and- egress, on, over, under and across said easement, to all public utilites for the purposes of constructing, reconstructing, repairing, enlarging, removing, changing, operating,and maintaining utility main lines and appurtenances thereto.. NOW, THEREFORE, Wildridge and Section 36 hereby make the following dedication: 1. Easement from Wildridge and Section 36. Wildridge and Section 36 hereby dedicate a public utility easement, together with the right of ingress and egress,, to all public utilities, including but not limited to the UPPER EAGLE VALLEY SANITATION DISTRICT, on, over, under and across that certain real property as legally described in Exhibit "A", attached hereto and made a part hereof by this. reference,-for the purposes of constructing, reconstructing, repairing, enlarging, removing, changing, operating and maintaining utility main lines and appurtenances thereto. 9 2. Provisions for Use of Easement. • a. Any and all public utilities desiring to use said easement shall notify in writing Wildridge and Section 36 and/or their successors and/or assigns prior to the use of said easement. b. Any and all public utilities using said easement shall promptly restore the subsurface and surface of the ground according to the standard requirements set forth by the Town of Avon and shall promptly replace any and/or all trees, brush, vegetation, concrete work, paving or other surface coverings removed or damaged by said public utility. 3. Successors and Assigns. This public utility easement shall inure to the benefit of, and be binding upon, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, Wildridge and Section 36 have hereunto set their hands and seals the day and year first above written. WILDRIDGE DEVELOPMENT COMPANY, a Colorado pa tnership By/ arry D. Goad, Attorney-in-Fact ATTEST: /r BY.' J mes F. Laframboise SECTION 36, INC., a Colorado corporation BY: terry D. Goad, Vice Pres. ACKNOWLEDGEMENTS r. STATE OF COLORADO ) )SS. " COUNTY OF EAGLE ) The foregoing Dedication of Public Easement was acknowledged before me this ?.ZVeday of 1984, by Larry D. Goad, as Attorney-in-Fact for Wildridge evelopment Company, a Colorado partnership. My commission expires: _.l~i~j/~/~~ • ~i~': Witness my hand and official seal. ZIA A Les -4`-Cr-4- . - P Nota ubl is Pik --Ad r-ass -2- ACKNOWLEDGEMENTS-CONTINUED ON PAGE 3. STATE OF COLORADO ) )SS. COUNTY OF EAGLE ) The foregoing Dedication of,Public Easement was acknowledged before me this day of 1984, by Larry D. Goad, as Vice President, and James F. Laf. mboise, as Secretary, respectively, of Section 36, Inc., a Colorado corporation. My commission expires: AQ«s l~ /j /4787 Nota- y Public 400 o4 L-&W-'rjdz'LAd zoo L)'~~jF:' Address PU t`\` -3- IN. EXHIBITA UTILITY EASEMENT TRACT N, BLOCK 5, REPLAT NUMBER 2 FINAL SUBDIVISION PLAT OF WILDRIDGE AND LOT I & LOT 2, BLOCK I AND TRACT K, REPLAT NUMBER I FINAL SUBDIVISION PLAT OF WILDWOOD TOWN OFAVON,EAGLE COUNTY,COLORADO R=225.00' / A * 9014,000 / PARCEL 8 A• 36.26' CH•36.22' J- O TRACT K 0 NOO003'07eE a0.78' EXISTIN0 30' f UTILITY i 0 i ~17~ Wa0• o EASEMENT 1 °Q w ~8??rw~ ei N72052'28" W 30.16' w o I is 3 20 1 rosIPARCEL W O 9.69' I , N90000 00 E 23053' f, cDr 3 b M M I Qp 3 1491 7.78' Co N LC0I r tli ~f ► t a ~~pp o . - I to; N y ~ Q1 O a~n H PARCEL A + i i TRACT N R=301.64' 11.82 AC. y~ A=33 1.94 W y &--63003,02" tr o o ip % V ' oN ~ 3 3 ' fA h i OD r r r ~ ~ • i t 10 . q ti w 10 W a ~ _ TNp J 0 O 1 2 33 AC. 5. 0 ► F- C~ 1 1 t ► W t O ► W O SCALE I°=100' . =~,4 i °f etl 1 1 o0 O A. KR,, 3 1 ► CO a Go***.% er 1 LOT 2 16836 t`f i to m ~,3► 10.44 AC. CO ' se N \ 4 ~ X88 28 19 8 - ' \ ~ , 15Q00 ' S 90°00'00°W NOTICE: According to Coiorado law you must commonce any legal action based upon any defect in this survey within sit w KKBN'A INC. .years after you first discove r such defect. In no event, may ►1►Ir CONSULTING ENGINEERS AND F action based upon any def ect in this survey be commenced more LAND SURVEYORS than ten years from the date of the certification shown hereon. L P.0. sox 97,EOWAR _ COLORADO 8IQ2,(3OSM-3373 , n - -wounnown~ - EXHIBIT A LAND -DESCRIPTION PARCEL A A parcel of land situated in Lot 1 and Lot 2, Block 1, Wildwood Subdivision and Tract N, Block 5, Wildridge, in the Town of Avon, Eagle County,Colorado, more particularly described as 10 foot each side of the following described centerline: Beginning at a point on the property line common to Lot 1, and Tract K, Wildwood Subdivision, from which the Northwest corner of Lot 1 bears S90°00'00"W, 9.69 feet; thence S11°11'30"W, 50.16 feet to a point on the property line common to Lot 1, Wildwood Subdiv- ision and Tract N Wildridge; thence S11°11'30"W, 58.92 feet; thence S15°27'41"W, 293.00 feet; thence S09°11'35"E, 310.00 feet; thence S58°43'22-"E, 46.12 feet to a point on the property line common to said Lot 1 and Tract N; thence S58°43'22"E,.191.46 feet to a'point on the property line common to Lot 1 and Lot 2, Wildwood Subdivision, thence S58943'22"E 10.00 feet to the point of terminous. Side lines to be lengthened or shortened about the point of beginning to terminate at the property line of Tract K. PARCEL B A parcel of land situated in Tract N, Block 5, Wildridge, Town of Avon, Eagle County,Colorado more particularly described a-s follows: Beginning'at a point common to Tract N, Block 5, Wildridge and Tract K, Block 1, Wildwood Subdivision, Town of Avon, Eagle County, Colorado.from which the Southwest property corner of said Tract K bears SO0°03'07"W, 73.59 feet; thence N72°52'28"W, 30.16 feet to a point on the Southeasterly right-of-way of West Wildwood Road; thence along the right-of-way along a curve to the left an'arc length of 36.26 feet, having a radius of 225.00 feet and a central angle of 9°14'00" to a point on the property line common to Tract N, Tract K and the West Wildwood Road right-of-way; thence departing from said right-of-way and continuing along the property line common to Tract N and Tract K S00°03'07"W, 30.78 feet to the point of beginning. PARCEL C A parcel of land situated in Tract K, Wildwood Subdivision, Town of Avon, Eagle County,Colorado, more particularly described as follows: Beginning at a point on the property line'common to Tract K, and Lot 1, Block 1, Wildwood Subdivision from which the Southeast corner of Tract K bears N90°00'00"E, 7.78 feet; thence along said property line S90°00'00"W, 14.81 feet; thence departing from said property line N70°16'22"W, 184.36 feet to a point on the Easterly side of an existing utility easement; thence along said easement N00°03'07"E, 5.31 feet to a point on the Southerly side of.an existing 30 foot wide utility easement; thence along said easement S70°16'22"E, 200.09 feet to the point of beginning. • Mrs. Patricia Doyle, Clerk Town of Avon P.O. Box 975 Avon, CO 81620 RE: Dedication of Easements Dear Mrs. Doyle: 0 May 17, 1984 Please, find enclosed four oppies of each of the two Public Utility Easements that Section 36, Inc. and Wildridge Development Company would like to grant. I understand I am on the agenda of May 22 to present any arguments and/or answer any questions. If there are any questions please do call me. Thank you. AJT:nmc Enclosures Cordially yours, Alvaro J. Testa, Ph.D., P.E. Vice President of Engineering W ildwood A Section 36, Inc. Development Box 329, Avon, Colorado 81620-Phone (303) 949-5743 TO: William D. James', Town Manager FROM: Norman Wood DATE: May 18, 1984 SUBJECT: Dedication of utility easements in Wildridge and Wildwood I have reviewed the utility easement dedications and Resolution No.#84-20 as submitted by Wildridge Development Company and Section 36, Inc. As a result of this review, I recommend approval of the easements and Resolution No.#84-20 with the following revisions: A. Dedication involving Tract N, Wildridge and Lots#1 and 2, Block#1 and Tract K, Wildwood: 1. Third line from the top, add "as" at the end of the line. 2. Exhibit A, Parcel B land description, fourth line from the top of description change,"83.59" feet to "73.59" feet. B. Dedication involving Tract J, Wildwood: 1. Revise second line at the top of page 2 to read, "Avon and shall promptly replace any and/or all trees, brush". C. Resolution No.#84-20. 1. Last line of last paragraph, add, "and Lots#1 and #2, Block#l, Wildwood". I have reviewed the above revisions with Al Testa of Benchmark Companies and he is in agreement with the suggested revisions. Al has agreed to have revised copies, including the above changes available at the Tuesday's meeting.