TC Res. No. 1997-37TOWN OF AVON
RESOLUTION NO. 97-37
Series of 1997
A RESOLUTION APPROVING THE PRELIMINARY PLAN, FINAL
PLAT AND AGREEMENT FOR DEDICATION AND MAINTENANCE OF
PUBLIC ROADWAY FOR CHAPEL SQUARE SUBDIVISION, A
RESUBDIVISION OF LOT 22, BLOCK 2, BENCHMARK AT BEAVER CREEK
AND TRACT B, COMMUNITY SHOPPING CENTER, TOWN OF AVON,
EAGLE COUNTY, COLORADO
WHEREAS, Leo Palmas, has submitted a Town of Avon, Eagle County, Colorado; and
WHEREAS, the Preliminary Plan, Final Plat and Agreement for Dedication and
MainteWce of Public Roadway have been reviewed by the Town Staff, and
WHEREAS, the Preliminary Plan, Final Plat and Agreement for Dedication and
Maintenance of Public Roadway were found to be substantially in conformance with
Title 16 of the Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration
as Preliminary Plan and Final Plat.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, that the Preliminary Plan, Final Plat and Agreement'for. Dedication
and Maintenance of Public Roadway for Chapel Square Subdivision, a Resubdivision of
Lot 22, Block 2, Benchmark at Beaver Creek and Tract B, Community Shopping Center,
Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon
subject to:
The completion of technical corrections as identified by Town Staff.
2. Provision of an acceptable Certificate of Insurance naming the Town of
Avon as an additional insured, prior to recording of Final Plat.
ADOPTED THIS 24th DAY OF June 1997.
TOWN COUNCIL
TOWN OF AVON, COLORADO
~J
Tvice- eF-
77-
Judy Yoder, Mayor Protem
TTEST:
Patty Lambert;
Town Clerk
RFC97Z7 nnr
AGREEMENT FOR DEDICATION AND MAINTENANCE
OF PUBLIC ROADWAY
THIS AGREEMENT (the "Agreement") is made and entered into this
17th day of September , 1997 by the TOWN OF AVON (the "Town")
and. CHAPEL SQUARE, LLC, a Colorado limited liability company, Leo Palms
Leo ("Declarant").
Palmer
WITNESSETH:
WHEREAS, Declarant owns the real property described in Exhibit
"A" attached hereto and incorporated herein, which property,has
been approved-for resubdivision as CHAPEL SQUARE SUBDIVISION, a
resubdivision of Lot 22, Block 2, Benchmark at Beaver Creek and
Tract B, Community Shopping Center, Town of Avon, County of Eagle
and State of Colorado ("the Property"); and
WHEREAS, it is a condition of such approval that Declarant
dedicate to the public and maintain a roadway the ("Roadway")
described as "Chapel Place" on that certain Final Plat of Chapel
Square Subdivision recorded in Book , Page of the Office
of the Clerk and Recorder of Eagle County, Colorado (the "Roadway
Plat"); and
WHEREAS, Declarant shall retain easements for (1) the purpose of
construction, repairs and maintenance of parking facilities and
other improvements beneath the surface of the Property in the
location depicted on the Roadway Plat, and (2) use of a portion
of the Roadway for the purposes described herein in the location
shown on the Roadway Plat, such easements each being subject to
the terms hereof.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. By the Roadway Plat of the Property-and by this Agreement,
Declarant dedicates for public use the right-of-way for the road
described on the Roadway Plat as .Chapel Place, and such
dedication is hereby accepted by the Town, subject to the terms
and conditions of this Agreement.
2. Notwithstanding the dedication of the right-of-way granted
herein, Declarant shall retain a perpetual, non-exclusive
easement in the location shown on the Roadway Plat as "Subsurface
Easement" for the construction, maintenance and repair of parking
facilities, including, without limitation, an underground parking
garage, beneath the surface of the Property, together with any
improvements necessary or related to such parking facilities or
the buildings on the Property, such as storage lockers,
utilities, equipment, fixtures and other improvements
(collectively, the "Parking Facilities"). The holder of the
Subsurface Easement-shall have the obligation to support the
improvements on the surface of the Roadway, including the Roadway
improvements, which support shall_ be s_u_ff_icien_t_to support legal
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Colorado truckloads.
3. Declarant shall also retain a perpetual, non-exclusive
easement in the location shown on the Roadway Plat as
"Improvement and Use Easement" for the encroachment of certain
improvements into the Roadway, including, but not limited to
portion of the roof, window and other exterior features of the
building adjacent to the Roadway, and for the use of such
easement area for activities or improvements which Declarant
deems necessary or beneficial to the uses within the building
adjacent to the Roadway and which are permitted by the Chapel
Square PUD but for the existence of the Roadway, including,
without limitation, access, ingress, egress, display, advertising
and other purposes.
4. Notwithstanding the dedication of the right-of-way granted
herein, with respect to that portion of the Roadway-in which
retail shopping center improvements are currently located, the
dedication shall be conditioned upon the removal of such
improvements, and the removal of the improvements shall be_a
condition of the issuance of any temporary certificate of
occupancy for any structure on the Property; provided, however,
if no temporary certificate of occupancy has been issued on the
Property within eighteen (18) months of the date of the building
permit, the dedication of the Roadway will.be deemed effective
and-unconditional. Until further action is taken by the Town in
accordance with the terms hereof, the area within the Roadway
shall be improved and used for pedestrian and vehicular
circulation.and parking of motor vehicles in accordance with the
plans-and specifications for the Property finally approved by the
Town.
5. Until further improvement of the Roadway pursuant to this
Agreement, Declarant shall have sole responsibility for the
reasonable maintenance of the area within the Roadway, including
snow removal.
6. Upon 120 days notice in writing by the Declarant,-Declarant
may at its own expense cause the Roadway to be further improved
to the satisfaction of the Town"s engineer and in accordance with
the standards of the Town so as to be usable as part of the
Town's road system. Such improvements shall include, without
limitation, the connection of the roadway to adjacent property to
the east or the construction of a cul-de-sac at the east end of
the Roadway.
7. At any time prior to giving of notice pursuant to paragraph;6
above, upon thirty days notice in writing by the Town, the Town
may at its expense cause the Roadway to be improved so as to be
usable as a part of the Town's road system.
8. Upon written approval and acceptance of the Roadway by the
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Town for use as part of the Town's road system pursuant to
paragraph 6 or 7 above, the Town shall assume maintenance of the
Roadway, including snow removal, and Declarant's maintenance
obligation shall thereupon terminate except-as hereinafter
provided.
9. Notwithstanding use of the Roadway as part of the Town's road
system, the area of the Roadway may continue to be used for
angled parking and with the reduction of not more than three
parking spaces, in accordance with the approved site plan
submitted with the preliminary plat and with a configuration to
be approved by the Town's engineer. The Roadway may also be used
for landscaping and any other improvements or purposes permitted
in such approved site or PUD plan. Any maintenance of the
roadway associated with the use of the area of the Roadway for
parking, including the striping of parking spaces or uses other
than as a roadway shall continue to be the responsibility of the
Declarant (such matters referred to as "Declarant's Continuing
Obligations").
10. Any improvements to the Roadway made by Declarant pursuant
to this Agreement shall be warranted by Declarant to be free from
defect in workmanship or quality for a period of one year after
acceptance by the Town. In the event of any such defect, the
Town may require.Declarant to correct the defect in material or
workmanship. In the event any corrective work is performed
during the one year warranty period, the warranty-on that
-corrected work shall extend for an additional one-year period
from the date of its completion.
11. Declarant agrees to defend, indemnify and hold the Town
harmless from and against any and all losses, claims, causes of
actions, suits, damages, liabilities, expenses and costs of any
kind (including, without limitation, reasonable attorneys' fees)
resulting or arising from (a) the construction, maintenance,
repair and use of the Roadway during the time period when
Declarant has the obligation to maintain the Roadway, (b)
Declarant's Continuing Obligations, (c) the construction,
maintenance, repair and use of the Parking Facilities, and (d)
the Improvement and Use Easement, unless such loss or damage
results or arises from the intentional or negligent acts or
omissions of the Town. Except as set forth above, Declarant is
expressly released from liability for any and all losses, claims;
causes of actions, suits, damages, liabilities, expenses and
costs of any kind (including, without limitation, reasonable
attorneys' fees) resulting or arising from the maintenance,
repair or use of the Roadway upon the assumption of the
maintenance obligations therefor by the Town.
12. Declarant shall maintain appropriate property and liability
insurance for the improvements constituting the Roadway for the
time period during which Declarant is to maintain the Roadway,
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and the Town shall be named in such insurance as an additional
insured. Declarant shall also maintain insurance on any of its
improvements within the Roadway which continue to be the - property
of Declarant after the Roadway becomes the maintenance obligation
of the Town.
13. This Agreement and the obligations hereof shall be deemed to
be covenants running with the land and shall be binding on the
successors and assigns of the parties hereto.
IN WI MESS WHEREOF, the parties hereto have executed
ument on the day, and year first above written.
By:
TOWN OF AVON
ST:
By,:, ~-O-L
Mayor
townn-clerk IA
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STATE OF
COLORADO
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, Eagle, CO j
COUNTY OF
EAGLE )
- - - -
- -
The foregoing
instrument was acknowledged before me
th' s
day of
bt/N-
,--,1997, by
P n -
-US
_
as
of Chapel
Square, LLC.
Witness my hand and official seal.
My Commission Expires 08/18/2001
My commission
expire
yi'Cdy k~'.Y' • • aY`yj':,~` ~•~~L4h
'
4
Ncda ry Public
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
The foregon trument was acknowl dge efore me
this L `1 day o1997, by t)S.
Witness my hand and official seal
Commission Expires 081.4 81 001
My commission expir s:~ my - y
'Jau
o ary Public ~ 4, _ 'nJ
STATE OF COLORADO )
) SS.
COUNTY OF BOULDER )
The foreg ' g instrument was acknowledged befgre me 1
this day of - 1997, by 7 Yna- r
Witness my hand and official seal.
My Commission Expires 08118/200-f=
My commission expires:
o ary Public
1111111 IIIII 111111 IIIII 111111 IIIII IIIII III IIIII IIII IN
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5
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me-
this ~3 day of Iduku , 1997,
by Jack Fawcett, as Mayor, and Patty Lambert, as Town Clerk, of
the Town of Avon.
Witness by hand and official seal.
My commission expires:
a' a to'a~
No P ary Public
.6~
JULIE . A.
KESSENICH
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P Mry
6
EXHIBIT °A°
Legal Description
Lot 22, Benchmark at Beaver Creek, and Tract
B, Community Shopping Center, Town of Avon,
County of Eagle and State of Colorado
111111 IIIII 111111 IIIiI 111111 IIIII IIIII III 11111 IN IN
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PRELIMINARY PLAT
NOTICE OF PUBLIC HEARING
TO: Town of Avon
P.O. Box 975
Avon, CO 81620
Public R.O.W.
You are hereby notified pursuant to provisions of'Section 16.20.070 of the Avon Municipal Code,
that a public Hearing on a Preliminary Plat for Subdivision of the following property" will be held and
considered at the meeting of the Town Council of the Town of Avon, on June 24, 1997 at 5:30pm in
the Avon Municipal Complex, 440 Benchmark Road, Avon, Colorado, at which time and place you
are hereby invited to be present and be heard.
PROPERTY OWNER:
Chapel Square, LLC
APPLICANT: Chapel Square, LLC
Palmos Development Corporation
2775 Iris Avenue
Boulder, Colorado 80304
(303) 449-0951
LEGAL DESCRIPTION OF PROPERTY: Lot 22, and Tract B, Block 2 - Benchmark @ Beaver
Creek Subdivision, Town of Avon
ADDRESS OF PROPERTY: 200 Benchmark
REASON FOR SUBDIVISION: To dedicate Right-of-Way to Town of Avon
DEADLINE: If you wish to be heard on the matter, you may appear
personally or by designated agent at the public hearing
on June 24, 1997, OR you may file a written
statement with the Town Clerk, Town of Avon, P.O.
Box 975, Avon, Colorado 81620.
order to be considered by the Town Council such
en statement must be received in the Town offices
n er than 4:00pm, Tuesday, June 24, 1997.
7SIGN TURF: ( ` 1 JUN j 195 . SD
n .
Patty Lambert
Town Clerk
T oW N °FAVo
N
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN_ OF AVON, ON
THE 12TH DAY OF JUNE, 1997:
COASTAL MART, AVON
ENTRANCE TO CITY MARKET
EAGLEBEND APARTMENTS, CLUBHOUSE LAUNDRY
MAIN LOBBY, AVON MUNICIPAL COMPLEX