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TC Res. No. 2000-27.i i TOWN OF AVON RESOLUTION NO. 00-27 SERIES OF 2000 A RESOLUTION APPROVING THE TEMPORARY EASEMENT FOR GRANDVIEW, LOT 42, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, the Grandview PUD Zoning and Development Plan for Lot 42, Block 1, Benchmark at Beaver Creek Subdivision (hereinafter referred to as "Grandview") approved by Ordinance 99-4 included'a condition that a temporary access agreement be executed between the property owner and the Town of Avon; and WHEREAS, the Temporary Easement (a copy of which is attached hereto and made a part hereof) complies with Ordinance 99-4 and the Grandview PUD and Development Standards; and WHEREAS, the Temporary Easement authorizes the property owner of Grandview to access a portion of the Town of Avon's property, known as Tract B, Block 1, Benchmark at Beaver Creek Subdivision and described therein as the."Easement Area" for the purposes of temporary construction access, slope contouring and grading and slope maintenance, including entering upon said Easement Area to grade, level, fill, drain, pave, build, maintain and construct retaining walls. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, 1. The Temporary Easement for Grandview complies with Ordinance 99-4 and the Grandview PUD and Development Standards. 2. That the Town Council of the Town of Avon, Colorado does hereby approve the attached Temporary Easement for Grandview. ADOPTED THIS . 23 DAY OF may , 2000. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor APPROVED AS TO FORM: Burt Levin, Town Attorney TEMPORARY EASEMENT r THIS GRANT OF EASEMENT made and entered into this zday of L~~, 2000, by and between TOWN OF AVON, a municipal corporation, whose address is P. 0. Box 975, Avon, Colorado 81620 (hereinafter referred to as the "Grantor"), and J-Ar -4E5 Cam. TV U G(- whose address is: Box 85, Avon, Colorado 81620 (hereinafter referred to as the "Grantee"); WITNESSETH THAT: For Ten Dollars ($10.00) and other good and valuable consideration; the receipt, and sufficiency of which are hereby acknowledged, the Grantor by these presents does hereby grant unto the Grantee, its successors and assigns, a non-exclusive easement for property known as Tract B, Block 1, Benchmark at Beaver Creek Subdivision, which is limited to: Fifteen feet. (151011) of the northerly common property line between Lot 42, Block 1, Benchmark at Beaver Creek Subdivision and Lot B, Benchmark at Beaver Creek Subdivision and Twenty feet (201011) from the westerly common property line between Lot 42, Block 1, Benchmark at Beaver Creek Subdivision and Lot B, Benchmark at Beaver Creek Subdivision, described on Exhibit "A" attached hereto and incorporated herein, (hereinafter referred to as "Easement Area") for the purposes of temporary construction access, slope contouring and grading and slope maintenance, including entering upon said Easement Area to grade, level, fill, drain, pave, build, maintain and rebuild a retaining wall, in accordance with plans approved by Grantor, adjacent to the said Easement Area. At the time of final landscaping, Grantee shall cause the Easement Area to be restored to the same condition as it was prior to construction work subject to approval by the Town of Avon. The Grantee shall in the future maintain'the Easement Area and the retaining wall to the satisfaction of the Grantor. This easement is for the benefit of and appurtenant to that land described as Lot. 42, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado. This easement shall be used so as not to interfere with the rights, of public utilities having easements or rights-of-way, either in existence or of record. Grantee, for itself, its successors and assigns, agrees that it will repair and maintain the Easement Area at its own cost and expense. Grantor shall have the right to use and occupy the Easement Area for any purpose not inconsistent with Grantee's full enjoyment of the rights hereby granted. Any liability for injury to person or property of Grantor, its employees, agents and invitees, or of any third persons, as a result of or arising out of or relating to the use or occupancy of the Easement Area by Grantee shall be borne by Grantee. Further, Grantee agrees to indemnify, defend, and hold harmless Grantor, its successors and assigns, against any claims for loss or damage which should result from, arise out of or be attributable to the use of the Easement Area. GRANTOR: Town of Avon, Colorado Town Council y Yod or STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before. me this day of 2000, by Judy Yoder, Mayor, Avon Town Council. My commission expires: Witness my hand and official seal. GRANTEE: STATE OF COLORADO, COUNTY OF.EAGLE ) ss. The foregoing instrument was acknowledged before 'me this day of 2000, by James G. Tylich. W ConvfdssW Expires My commission expires: 3.wzw 1 Witness my hand and official ~08 ` I~ { c ~ \ I I J~ I /p 00 01- .1. I I I' 1 ► ~ 1 I I V ~ 1 1 1 i ~ ~ r I I 1 ~ \ \ \ \ ~ 1 I \ I ~ 1 i ~ 1 11 \ \ 1 ~ 1 ~ 1 1 1 I I 1 1 ~ ~ 1 ~ ~ •'1~ 1 I \ 1 1 1 1 ~ 1 , 1 1 \ \ o ,1't'~~, I s 1 o di \ I II I 1 ~ ~ ~ 1 ~ ~ ~ \ 1 II I 1 \ . \ r 11 \ ~ 1 1 1 ~ \ 1 , I~rl~i I \1 II I 1~ x I 1 I I I I tl y4 • ~ I 1 1 1 1 ) I I I ~ A ~:i sl Z \ a j ~ I b r + Q \ 1 I I I I 1 / / / / / T _ I D OF / 1 I I / 1x /A C. I / i / / I / I .41 I o* r:+lr ~w ~ aw AVON 12.PLEX +...e.~.~..~ -922-1987 Contra Englneftgr Inc )ING & DRAINAGE PLAN ••.u+ AVON. COLORADO M 1111111 Memo TO: Honorable. Mayor and Town Council Thm Bill Efting, Town Manager Frone Ruth Borne, Community Development Date May 18, 2000 P.0 Resolution No. 00-27, Grandview PUD and Development Standards Lot 42, Block 1, Benchmark at Beaver Creek - Temporary Easement Summary: The Grandview PUD and Development Standards approved by Ordinance 99-4 required the owner of the property to obtain a Temporary Easement from the Town for the use of Tract B, Block 1, Benchmark at Beaver Creek Subdivision for grading and construction of retaining walls. The easement is necessary for the owner to construct the 12-unit employee housing project. Recommendation: Staff recommends approval of the Temporary Easement with the owner of the Grandview property. Town Manager Comments: T e-o-%cq,,, b e s e +k'040- Attachment: Temporary Easement ave Deed( Ivesk a0kV4. Resolution No. 00-27