TC Res. No. 2002-08TOWN OF AVON
RESOLUTION NO. 02-08
.SERIES OF 2002
A RESOLUTION APPROVING THE TEMPORARY EASEMENT FOR, LOT 309
BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY, COLORADO.
WHEREAS, the Temporary Easement (a copy of which is attached hereto and made a
part hereof) complies with Town Standards; and
WHEREAS, the Temporary Easement authorizes the property owner of Lot 30, Block 1,
Benchmark at Beaver Creek Subdivision, 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, and construct retaining walls; and
WHEREAS, the exercise of the Temporary Easement will be limited to the Planning &
Zoning approval dated September 18, 2001 for the special review use of the car wash located at
Lot 30, Block 1, Benchmark at Beaver Creek Subdivision and shall not be recorded with the
Clerk and Recorder of Eagle County until the building permit is issued and construction
commences on the property.
. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, that the Town Council of the Town of Avon, Colorado does hereby
approve the attached Temporary Easement for Lot 30, Block 1, Benchmark at Beaver Creek
Subdivision.
ADOP_TE THIS 94- DAY OF ~ 2ru k r , 2002..
TOWN COUNCIL
TOWN OF AVON, COLORADO
61y Yod or
Town Clerk
F:\Counci1\Reso1utions\2002\Res 02-08 L30 BI BMBC temporary easement.doc
TEMPORARY EASEMENT
THIS GRANT OF EASEMENT made and entered into this day of , 2002,
by and between TOWN OF AVON, a municipal corporation, whose address is P. 0. Box 975,
.Avon, Colorado 8.1620 (hereinafter referred to as the "Grantor".), and Steven M. Grow whose
address is 8 Manette Road, Morristown, New Jersey 07960-6344 (hereinafter referred to as the
"Grantee");
VV TNESSETH 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 (herein after referred
to as "Easement Area"), generally described as; the westerly twenty-five (25) feet of that portion
of Tract B, Block 1, Benchmark at Beaver. Creek Subdivision, Town of Avon, Eagle. County,
Colorado that is adjacent to and parallel with the common easterly `lot line of Lot 30, Block 1,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado and as
depicted on Exhibit, "A" attached hereto and incorporated here in, for the purposes of temporary
construction access, slope contouring, grading and slope maintenance in accordance with plans
approved by the Grantor.
At the time of final landscaping, Grantee shall cause the Easement Area to be
restored to substantially the same condition as it was prior to construction work being
commenced: The Grantee shall post a surety in the amount of three thousand dollars ($3,000.00)
to guarantee the successful restoration- of the Easement Area to the satisfaction of the Grantor.
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
30, 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
J Yoder, ay
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
K 2002, by Judy Yoder, Mayor; Avon Town Council. At, 9S
My commission expires: 0S~
• w v
i4 •
03
Witness my hand and official seal. / 9~F•.Ge L 0 G 0
GF' '0-P
EON
GRANTEE:
Steven M. Grow
STATE OF NEW JERSEY )
) ss.
COUNTY OF MORRIS )
The foregoing instrument was acknowledged before me this day of
2002, by Steven M. Grow.
- - My commission expires:
Witness my hand and official seal.
Notary Public
Z-. - -L i-f- 04-"
Z
70 AU-OW SAFM VISSU Y
OF NOTnNC-HAM RO.
PARTIAL SITE PLAN
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Memo
To.
Thru:
4~6 From:
Dade
Ike:
Summary
Honorable Mayor and Town Council
Bill Efting, Town Manager
Ruth Borne, Director of Community Development.
Eric Johnson, Planning Technician
February 20, 2002
Resolution 02-08, A Temporary Easement on Tract B, Block 1,
Benchmark at Beaver Creek
The applicant, Steve M. Grow, is proposing a carwash on Lot 30, Block 1, Benchmark at Beaver
Creek Subdivision (adjacent to the Pet Center). In order to reduce the size of the retaining walls on
the east side of the property the applicant is requesting a Temporary Easement on a portion of Tract B,
Block 1, Benchmark at Beaver Creek Subdivision for the purpose of grading and construction of
retaining walls.
Recommendation
Staff recommends approval of the attached Temporary Easement with the owner of Lot 30, Block 1,
Benchmark at Beaver Creek Subdivision, Steven M. Grow.
Town Manager Comments
C-0 H ~ cad
Attachments:"
A - Temporary Easement
B - Exhibit A
C - Resolution 02-08
t
Memo to Town Council, February 26, 2002 Page 1 of 1
Re: Ordinance 02- 08, Temporary Easement for Lot 30, Block 1, BMBC
TOWN OF AVON
RESOLUTION NO. 02-08
SERIES OF 2002 '
A RESOLUTION APPROVING THE TEMPORARY EASEMENT FOR, LOT 309,.
BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON,
EAGLE COUNTY, 'COLORADO
WHEREAS, the Temporary Easement (a copy of which is attached hereto and made a
parthereof) complies with Town Standards; and
WHEREAS, the Temporary Easement authorizes the property owner of Lot 30, Block 1,
Benchmark at Beaver Creek Subdivision, 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
`Basement 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, and construct retaining walls; and
WHEREAS, the exercise of the Temporary Easement will be limited to the Planning &
Zoning approval dated September 18; 2001 for the special review use of the car wash located at
Lot 30, Block 1, Benchmark at Beaver Creek Subdivision and shall not be recorded with the
Clerk and Recorder of Eagle County until the building permit is issued and construction
commences on the property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, that the Town Council of the Town of Avon, Colorado does hereby
approve the :attached Temporary Easement for Lot 30, Block 1, Benchmark at Beaver Creek
Subdivision.
ADOP. S a?4 DAY OF Arcs a r 2002.
TOWN COUNCIL
IA TOWN OF AVON, COLORADO
FA
1
-f A 4&A
0101~~~~ y Yod or
ST:
IKNash.
Town Clerk
FACounciAReso1utionk002\Res 02-08 L30 Bl BMBC temporary easementdoc
TEMPORARY EASEMENT
THIS GRANT OF EASEMENT made and entered into this day of , 2002,
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 Steven M. Grow whose
address is: ~8 Manette Road, Morristown, New Jersey 07960-6344 (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 (herein after referred
to as "Easement Area"), generally described as; the westerly twenty-five (25) feet of that portion
of Tract B, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County,
Colorado that is adjacent to and parallel with the common easterly lot line of Lot 30, Block 1,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado and as
depicted on Exhibit "A" attached hereto and incorporated herein, for the purposes of temporary
construction access, slope contouring, grading and slope maintenance in accordance with plans
approved by the Grantor.
At the time of final landscaping, Grantee shall cause the Easement Area to be
restored to substantially the same condition as it was prior to construction work being
commenced. The Grantee shall post a surety in the amount of three thousand dollars ($3,000.00)
to guarantee the successful restoration of the Easement Area to the satisfaction of the Grantor.
The Grantee shall in the future maintain the Easement Area and the retainingwall to the
satisfaction of the Grantor.
This easement is for the benefit of and appurtenant to that land described as Lot
30, 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, agreest'iat it t=r 11 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
J Yoder, ay
STATE OF COLORADO
COUNTY OF EAGLE
ss.
The foregoing instrument was acknowledged before me this
Kn , 2002, by Judy Yoder, Mayor, Avon Town Council.
My commission expires: os'-
Witness my hand and official seal.
EN F-7
•
~''•GQLO~. •O
911w2a
GRANTEE:
Steven ivi. chow
STATE OF NEW, JERSEY
COUNTY OF MORRIS
) ss.
C.
The foregoing instrument was acknowledged before me this. day of
Jc~ , 2002, by Steven M. Grow.
My commission, expires: 311 0
Witness my hand and official seal.
Notary lic
MARY ONUFRICK
A Notary Public of new Jersey
tbgrCommis N 5*es-Mardi`1,12W4
PARTIAL SITE PLAN
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