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TC Res. No. 1984-25Y" • REeE ISI JUL 18 w4 2 8 F5 6 0 3 RESOLUTION NO.# 84-25 00"t j g1 Pm JOHNNETTE PHILLIPS SERIES OF 1984 EAGLE CTY. RECORDER DEDICATION OF PUBLIC ACCESS EASEMENT, IN TRACT I, BLOCK 3, WILDRIDGE;U~Oa 10 46 AM $64 OF AVON, COLORADO. WHEREAS, Wildridge is the owner of Tract I, Block 3, as per Replat Nuaber 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; and WHEREAS, upon request of the Town of Avon and The United States Forest Service an access trail shall be constructed to access the White River National Forest through Tract I which replaces an existing trail which crosses parts of Lots 48, 49, and 50, Block 3 of the Wildridge Subdivision per the above plat; and WHEREAS, such new access trail shall be limited in use to pedestrian traffic and vehicular traffic capable of handling mountainous terrain only; and WHEREAS, the recorded Subdivision plat for the Wildridge Subdivision indicates that open tracts may be used for the purposes of locating access easements given that the Owner, which in this case is also the applicant, 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 easement attached hereto as Attachment I and finds it 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 easement on Tract I, Block 3, Wildridge, Town of Avon, Colorado is hereby approved. INTRODUCED, PASSED, RESOLVED AND ADOPTED IN FULL THIS 10th DAY OF July , 1984. C ATTEST.:-.: t Sh la- R. Davis, Mayor Pro-Tem Patricia J. DofYe, Town Cler For Correction Purrs Only Reception No. 285603, ~k 389, Page 303, recorded July 13, 1984 at 10:46 a.m. in the Clerk anc~ Recorders office, Eagle ~ounty, Colorado. 2 8 7 5 6 ATTACHMENT 1 PAGE n~ EAGLE NCTY RE6IOR ER DEDICATION OF PUBLIC ACCESS EASEMENT .t AuG 1 '3 so FM 14 THIS DEDICATION is made this 2 O / y day of 1984, by WILDRIDGE DEVELOPMENT COMPANY, a Colorado partnership, whose address is P. 0. Box 954, Avon, Colorado 81620, hereinafter referred to as "Wildridge". RECITALS A. Wildridge is the owner of Tract I, Block 3, Wildridge Subdivision, per Replat Number 2, Final Subdivision Plat of Wildridge, Town of Avon, Eagle County, Colorado, recorded October 8, 1981 in Book 330 at Page 78 in the real property records of the County of Eagle, Colorado. B. Wildridge is desirous of replacing an existing access trail to the public land owned by the United States Forest Service which crosses over parts of Lots 48, 49 and 50, Block 3 of Wildridge Subdivision per the above plat by dedicating a public access easement on, over and across said Tract I for purposes of ingress and egress to public land owned by the United States Forest Service, said land commonly known as the White River National Forest. NOW, THEREFORE, Wildridge hereby makes the following dedication: Wildridge hereby dedicates a public access easement, together with the right of ingress and egress, on, over and across that certain real property as legally described in Exhibit "A", attached hereto and made a part hereof by this reference. Said public access easement replaces the existing trail per item B above and shall be for the sole use and benefit of the general public to gain access to the White River National Forest. Access shall be limited to pedestrians and vehicles capable of performing in mountainous terrain. ff oreb This public access easement shall inure to the benefit of the general orl"') public, terminable by the Town of Avon, and shall be binding upon Wildridge ' Development Company and its successors and/or assigns. WILDRIDGE DEVELOPMENT COMPANY, a partnership By: tL'arry D. Go , Attorney-in-Fact STATE OF COLORADO ) SS. COUNTY OF EAGLE ) The above and foregoing Dedicati 6 on of Public Access Easement was acknowledged before me this ;-;day of , 1984 by Larry D. Goad as Attorney-in-Fact for Wildri ge Develo ent Company, a partnership. WITNESS my hand and official seal. -My commission expires: ~'A c- Q Notary Public Addres RECEIVED AUG09 19x4 O m O t O O O z y.:1 LAND DESCRIPTION 0 10' 50' 75' 100' SCALE : 1 100' G Aes o-41 z A parcel of land located in Tract I, Block 3 Wildridge Subdivision, Town of Avon,Colorado, more particularly described as 40 feet wide, being 20 feet each side of the following described centerline: Beginning at a point on the Wildridge Road West right-o from which the Southerly property corner of Tract I bears S45 °12' neet; 93.88 feet; thence S55°57'15"W, 72.06 feet; thence S60°56'43"W, 4 thence ' S74°52'34"W, 38.33 feet; thence N81°23'04"W, 33.38 feet; thence N65°33'22"W, 24.17 feet; thence N53°07'48"W, 25.00 feet; thence N28°48'39"W, 22.82 feet; thence N19°47'56"W, 26.57 feet; thence N00°21'13"W, 162.00 feet; thence N05°11'40"E, 33.14 feet; thence N20°43'32"E, 39.56 feet; thence N34°24'31";E, 88.48 feet; thence N27°36'47"E, 73.35 feet; thence N11°18'36"E, 61.19 feet; thence N14°25!15"E, 36.14 feet; thence N26°33'54"E, 22.90 feet to a point on the Northerly property line of Tract I from which the Northwest property corner of.Tract I bears N89°58'46"W, 166.41 feet. Sidelines to be lengthened or shortened to terminate at the Tract I property lines. NOTICE: According to Colorg4g )Wpm must conownce any KKBNA INC.D ,goal utiM ki#d *a air 6fect 14 this survey rithi• tat Years otter yon first discover swA *fact. In no event. may say COMSIA,TING E)idWEERactive based ayom mWl defect in this smrvey be commented more LAND SURVE1fOR! than tow years froo the date of the certification shorn hereon. P.O. DOX 97, EDWAROa,COLDRADO 01632.(303916-337'3 RECEIVED( AUG 09 1984 EXHIBIT A ACCESS EASEMENT LOCATED IN TRACT I , BLOCK 3 WILDRIDGE TOWN OF AVON ,COLORADO -4B-W, 16rr 0 /P 2d 4d S 89°5846"IE 4'9.05 BEARING AND DISTANCE TABLE LINE BEARING DISTANCE . (FEET) A S55°57' 15"W B S60°56' 43"W C S74°52' 34"W D N81°23' 04"W E N65°33' 22"W F N53°07' 48"W G N28°48' 39"W H N19°47' 56"W I N00°21' 13"W J N05°11' 40"E K N20°43' 32"E L N34°24' 31"E M N27°36' 47"E N N11°18' 36"E 0 N14°25' 15"E P N26°33' 54"E p g O `ro ogle TRACT I BLOCK 3 D~`0 X60. P A. 72.06 41.18 38.33 33.38 24.17 25.00 22.82 26.57 162.00 33.14 .16836 I4-a . , i i 39.56 88.48 % 73.35 y~ogOO 61.19 36.14 22.9 G o ti 1 . S • - l~ 1 C /2 7+ ~F R t~ P' n r rte, o y I - I 5 k 0"0 ,9 75,00 9 2 'k 0 0 .9 6(100 9 6, 0 0 9 219.00 CH 5238 00000# 08 / 0.- 4 f. • • MEMO TO: William D. James, Town Manager FROM: Norm Wood, Director of Public Works DATE: July 6, 1984 SUBJECT: Public Access Easement Tract I, Block#3 Wildridge, Subdivision This proposed easement is for the proposed access road across Tract I, Wildridge to Forest Service Lands located north of Wildridge. Construction plans for this road were approved at the June 26, 1984 Council Meeting and the June 28, 1984 Planning and Zoning Commission Meeting. The Easement Dedication has been modified to incorporate changes as recommended by Art Abplanalp in the letter of July 2, 1984. Council approval of Resolution No.#84-25 approving dedication of said easement is recommended. PETER COSGRIFF JOHN W. DUNN ROBERT H. S. FRENCH STEPHEN C. WEST TIMOTHY H: BERRY ARTHUR A.ABPLANALP, JR. JOHN B. WOOD FREDERICK B. SKILLERN • • LAW OFFICES COSGRIFF, -DUNN & FRENCH, P. C. P. O. BOX 340 VAIL,COLORADO 81658 (303) 476-7552 2 July 1984 LEADVILLE OFFICE, P. O. BOX II LEADVILLE, COLORADO 80461 (303) 486-1885 BRECKENRIDGE OFFICE' P. O. BOX 588 BRECKENRIDGE, COLORADO 80424 (303) 453-2901 Mr. Norm Wood Town Engineer Town of Avon Post Office Box 975 Avon, Colorado 81620 Dear Norm: Re: Tract I - public access easement We have reviewed the proposed resolution and dedication of public access easement by which Wildridge Development Company would dedicate to public use an easement across Tract I in Wildridge Subdivision. The documentation which is proposed is acceptable with two. exceptions.- The closing paragraph of the dedication provides that the public access easement should inure to the benefit of Wildridge Development Company. In order that this correctly provide that the easement will benefit the public, and in order to further specify the manner in which it may be terminated, I would recommend that this paragraph of the dedication provide as follows: "This public access easement shall inure to the benefit of the general public, terminable by the Town of Avon, and shall be binding upon Wildridge Development Company and its 'successors and/or assigns." It must"be noted that the.land description of the property is in error. The first bearing locating the point of beginning is.identified as South 450 12' 56" East. The .correct bearing.should be South 45°12' 56" West, if the degrees are accurate. In any event, the bearing should correctly be southwesterly rather than southeasterly, as stated in the exhibit. With the. modifications which we have suggested, and upon the assumption that Tract I,"is, in fact, owned by Wildridge Development Company and does not serve as security Mr. Norm Wood 2 July 1984 Page 2 for any obligations, we have no difficulty with'the documents proposed. Naturally, we are unable to comment upon the practicably of the access easement as to greater location or to ownership, and we.specifically d_ecl' to comment upon those aspects of the d a ac 'on. ery tru o s, A ur A. AAAJr:ggt xc: Mr. Alvaro J. Testa p,.Yr. June 21, 1984 Ms. Patricia Doyle, Clerk Town of Avon P.O. Box 975 Avon, CO 81620 RE: Access Easement to White River National Forest through Tract I, Block 3, Wildridge, Avon, Colorado. Dear Ms. Doyle: I an submitting to you twelve copies of an access easement that Wildridge Development Company would like to grant so as to provide access to the White River National Forest (U.S.) and satisfy a previous request from the Town of Avon for us to do so. 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, the Owner has the right to grant easements of various natures, including access, given that the Town of Avon does approve such easements as well. It is hereby requested that the Town of Avon Council approve a Resolution allowing Wildridge Development Company to grant the above easement. Additionally it is requested that any fees concerning this review or approval be waived due to the fact that this public easement was requested by the Town of Avon in the best interest of the general public. If there are any questions or clarifications please let me know. Thank you. Cordially yours, Alvaro J. Testa, Ph.D., P.E. Vice President of Engineering AJT/nmc Enclosure P.O. Box 954, Avon, Colorado 81620 (303) 949-5743 of Avon P. O. Box 975, Avon, CO 81620 (303) 949-4280 Mr. Alvaro J. Testa, Ph. D., P.E. Benchmark Companies P.O. Box 5070 Avon, CO 81620 Dear Mr. Testa, Enclosed please find a copy of the corrected recording copy of the Dedication of Public Access Easement. I believe you have received the recorded copy of the Resolution No. 84-25. If there are any questions please.feel free to call. Sincerely, ~aItricia Doy e Town Clerk Enclosure