TC Res. No. 2002-34TOWN OF AVON
RESOLUTION NO. 02-34
SERIES OF 2002
A RESOLUTION APPROVING THE ACCESS EASEMENT FOR LOT 41, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION, BARRANCAS PUD, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Access Easement (a copy of which is attached hereto and made a part
hereof) complies with Town Standards; and
WHEREAS, the Access Easement authorizes the property owner of Lot 41, Block 1,
Benchmark at Beaver Creek Subdivision, to access a portion of the Town of Avon's property,
known as Tract A. Wildridge Subdivision and described therein as the "Easement Area" for the
purposes of access, grading, paving, landscaping 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 Access Easement must be recorded with the Eagle
County Clerk & Recorder prior to the issuance of a building permit for Lot 41, Block 1,
Benchmark at Beaver Creek Subdivision.
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 Access Easement for Lot 41, Block 1, Benchmark at Beaver Creek
Subdivision.
ADOPTED DAY OF
2002.
i4t
TOWN COUNCIL
UEA TOWN OF AVON, COLORADO
J~jk Yoder a
ATTEST:
o ~'ler
8@2471
Page: 1 of 7 .
2 65
Sara J Fisher Eagle, CO 370 R 35.00 7/24D 0000 .00P
FACaunci1\Rcso1udons120021Res 02-34 [R1 Bl BMBC access easen=t.doc
ACCESS EASEMENT
FOR LOT 41, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION,
BARRANCAS PUD, TOWN OF AVON, COLORADO
KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF AVON,
a municipal corporation (hereinafter called "Grantor") and $gPpUAy
CORPORATION, a Colorado Corporation whose address is 143 East Meadow Drive
#499A Vail, Colorado 81657 (hereinafter called "Grantee") their successors and assigns,
for good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby agree and covenant as follows:
RECITALS
B~tJ~„~AdC45
1. W0fttWW CORPORATION is the Owner of Lots 40 and 41, Block 1,
Benchmark at Beaver Creek Subdivision, Town of Avon, Colorado, which is also
referred to as the Barrancas PUD.
2. TOWN OF AVON is the owner of Tract A, Wildridge Subdivision, which is
designated open space and part of the WiIdridge PUD.
,S
3. CORPORATION desires a portion of Tract A for obtaining access to
Lot 41, Block 1, Benchmark at Beaver Creek Subdivision, which is described as:
That portion of Tract A, Wildridge Subdivision: Beginning at the
Northwest Corner of Lot 41, Block 1 Benchmark at Beaver Creek
Subdivision thence S89 54' WE 172.46 feet to the R.O.W. of Metcalf
Road thence southeasterly along the R.O.W. to the Northeast Corner of
said Lot 41, thence westerly along the north property line of said Lot 41
128.59 feet to the True Point of Beginning.
and also referred to as Access Easement.
AGREEMENT
Subject to the tenons, covenants, agreements, restrictions and conditions set forth herein,
the TOWN OF AVON hereby grants, sells and conveys to 0ARA4W#"
CORPORATION, as the Owner of Lot 41, Block 1, Benchmark at Beaver Creek
Subdivision a.private, nonexclusive perpetual access easement to construct, reconstruct,
repair and maintain landscape, paving and streetscape features in general conformance to
those depicted on attached Exhibit "A".
Xc q- ROM-9-141 $
The Access Easement shall be for the benefit of CORPORATION and, shall
be appurtenant to, and run with title to Lot 41, Block 1, Benchmark at Beaver Creek
Subdivision, Barrancas PUD, Town of Avon, Colorado.
$02471
FADeveloprnem Agreements & Conttacts\8armncas A 1111111111111111 Page : 2 of 7 111111111111111
111111111 Sara J Fisher Eagla, Co 370 R .38,80 7/24020 " 5:000
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Grantee agrees that it will be solely responsible for landscaping, maintenance and upkeep
of said Access Easement. Grantee indemnifies and holds harmless Grantor, its agents.
and employees from and against claims, damages, losses and expenses, including but not
limited to attorney's fees, arising out of or resulting from performance of any work by
Grantee, its agents, or from damage caused by utility equipment installed and maintained
by Grantee or Holy Cross Energy within said easement.
Grantor covenants that it is the owner of the above described lands and that the said lands
are free and clear of encumbrances an d liens of whatsoever character, except those held
by the following:
TO HAVE AND TO HOLD, said access easement, together with all and singular, the
rights and privileges appertaining thereto, unto Grantee, its' successors and assigns,
forever.
Grantor:
TOWN OF AVON, a municipal corporation
Jud oder,
STATE OF
7
COUNTY OF
The foregoing instrument was acknowledged before me this -&day of
2002 by JUDY YODER as Mayor of the Town of Avon, a municipal corp ration.
and and official seal.
expires:
Notary Public
Grantee:
BARPANGAS
1VV%4VM CORPORATION. a Colorado
corporation
FADevelopment Agreements & Contra=\13 rrancas Access Easement.Doc
0T A . .
STATE OF ~'A o~ : ao
o e o~0P~.
COUNTY OF
14Crnmt t b MW,
The foregoing instrument was acknowledged before pe this _~~day of
2002 by !2 ~4 N d R P4 T AN a Colorado corporation.
WITNESS my hand and official seal.
My commission expires: Z/ o rI a q
r
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802-47 1
Page 4 of 7
07/24/2092 65:00P
Sara J Fisher Easle, CO 3110 R 35-. 00 60.09
EVevetopment Agreements & Contra MBarraocas Access Easeu=Woc
Exhibit "A"
That portion of Tract A, Wildridge Subdivision described as follows:
Beginning at the Northwest Comer of Lot 41, Block 1 Benchmark at Beaver
Creek Subdivision thence S89 54' 56"E 172.46 feet to the R.O.W. of
Metcalf Road thence southeasterly along the R.O.W. to the Northeast Comer
of said Lot 41, thence westerly along the north property line of said Lot 41
128.59 feet to the True Point of Beginning.
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Jul 02 02 09:36a Fieldstone Development LL 970-476-8293
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Memo
To: Honorable Mayor and Town Council
Thnc Bill Efting, Town Manager
From: Ruth Bome, Director of Community Development
Norm Wood, Town Engineer
Data July 5, 2002
Re: Resolution 02-34, An Access Easement for Lot 41, Block 1,
Benchmark at Beaver Creek, Barrancas PUD, Town of Avon, Colorado
Summary
The 45-unit Barrancas project on Metcalf Road encroaches onto Tract A of the Wildridge
Subdivision for driveway access to Lot 41. Tanavon Corporation is seeking approval of an
access easement from the Town of Avon for the driveway and other associated
improvements, which include a retaining wall and' landscaping.
Recommendation
Staff recommends approval of the attached Access Easement for Lot - 41, Block 1,
Benchmark at Beaver Creek Subdivision.
Town Manager Comments
C P-'"Cz 1,
Attachments:
• Resolution 02-34
• Access Easement
Exhibk A
Memo to Town Council, July 4, 2002 Page 1 of 1
Resolution 02-34, Access Easement for Lot 41, Block 1, BMBC
n ~sa~gt - i zs
TOWN OF AVON
RESOLUTION NO. 02-34,
SERIES OF 2002
A-RESOLUTION APPROVING THE ACCESS.EASEMENT•FOR LOT 41, BLOCK 1,
BENCHMARK AT BEAVER CREEK SUBDIVISION, BARRANCAS PUD, TOWN OF
AVON, EAGLE COUNTY, COLORADO
WHEREAS, the Access Easement (a copy of which-is attached hereto and made a part
hereof) complies with Town Standards; and
WHEREAS, the Access Easement authorizes the property owner of Lot 41, Block 1,
Benchmark at Beaver. Creek Subdivision, to access a portion of the Town of Avon's property,
known as Tract A. Wildridge Subdivision and described therein as the "Basement Area" for the
purposes of access, grading, paving, landscaping 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 Access Easement must be recorded with the Eagle
County Clerk & Recorder prior to the issuance of a building permit for Lot 41, Block.1,
Benchmark at Beaver Creek Subdivision.
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 Access Easement for Lot 41, Block 1, Benchmark at Beaver Creek
Subdivision.`
ADOP2a DAY OF 2002.
I OF 4A
r TOWN COUNCIL
TOWN OF AVON, COLORADO
SFAL_ I
J~JkYodertMafqf
NLOR_6DO - ~
ATTEST:
o el err
FACounciWteso1utions12002Tm62-34I41 B1 BMBC accesseasement.doc
ACCESS EASEMENT
FOR LOT 41, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION,
BARRANCAS PUD, TOWN OF AVON, COLORADO.
KNOW ALL MEN BY THESE PRESENTS, that the- undersigned, TOWN OF AVON,
a municipal corporation (hereinafter called "Grantor') and TANAVON
CORPORATION, a Colorado Corporation whose address is 143 East Meadow. Drive
#499A Vail, Colorado 81657 (hereinafter called "Grantee') their successors. and assigns,
for good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby agree and covenant as follows:
RECITALS
1. TANAVON CORPORATION is the Owner of Lots 40 and 41, Block 1,
Benchmark at Beaver Creek Subdivision, Town of Avon, Colorado, which is also
referred to as the Barrancas PUD.
2. TOWN OF AVON is the owner of Tract A, Wildridge Subdivision, which is
designated open space and part of the Wildridge PUD.
3. TANAVON CORPORATION desires a portion of Tract A for obtaining, access to
Lot 41, Block 1, Benchmark at Beaver Creek Subdivision, which is described as:
That portion,. of Tract A, Wildridge Subdivision: Beginning at the
Northwest . Corner of Lot 41, Block 1 Benchmark . at Beaver Creek
Subdivision thence S89 54' 56"E 172.46 -feet to the R.O.W. of Metcalf„
Road thence southeasterly along the R.O.W. to the Northeast Corner of
said Lot 41, thence westerly along the north property line of said Lot 41
128.59 feet to. the True Point of Beginning.
and also referred to as Access Easement.
AGREEMENT
Subject to the terms, covenants, agreements, restrictions and conditions set forth herein,
the TOWN OF AVON hereby grants, sells and conveys. to TANAVON
CORPORATION, as the Owner of Lot 41, Block 1, Benchmark at Beaver Creek
Subdivision a private, nonexclusive perpetual access easement to construct, reconstruct,
repair and maintain landscape, paving and streetscape features in general conformance to
those depicted on attached Exhibit "A".
The Access Easement shall be for the benefit of TANAVON CORPORATION, and shall
be appurtenant to, and run with title to Lot 41, Block 1, Benchmark at Beaver Creek
Subdivision, Barrancas PUD, Town of Avon,.Colorado.
FADm1opment Ageements & Contracts bnmcas Axes EasernentDoc
Grantee agrees that it will be solely responsible for landscaping, maintenance and upkeep
of said Access Easement. Grantee indemnifies and holds harmless Grantor, its agents
and employees from and against claims, damages, losses:and expenses, including but not
limited to attorney's fees, arising out of or resulting from performance of any`work by
Grantee, its agents, or from damage caused by utility equipment installed and maintained
by Grantee or Holy Cross Energy within said "easement.
Grantor covenants that it is the owner of the above described lands and that the said lands
are free and clear of encumbrances and liens of whatsoever character, except those held
by the following:
TO HAVE AND TO HOLD, said access easement, together with all and singular, the
rights and privileges appertaining thereto, unto.Grantee, its' successors and assigns,
forever.
Grantor:
TOWN OF. AVON, a municipal corporation
Jud oder,
STATE OF
COUNTY OF )
The foregoing instrument was acknowledged before me this Y!day of
2002 by JUDY YODER as Mayor of the Town of. Avon,. a municipal Corp ration.
and and "official seal.
expires:
Notary Public
Grantee:
TANAVON CORPORATION. a Colorado
corporation
FADevelopment Agreements & Contracts\13wmn= Access EasementDoc
STATE OF )
COUNTY OF )
The foregoing instrument was, acknowledged before me this' day of ,
2002 by . a Colorado corporation.
WITNESS my hand and official seal.
My commission expires!
Notary Public
FADevelopment Agreements &,ConUacts\Barnmcas Access EasecnentDoc
Exhibit "A" '
That portion of Tract A, . Wildridge Subdivision described as follows:
Beginning at the Northwest Comer of Lot 41, Block 1 Benchmark at Beaver
Creek Subdivision thence S89 54' 5611E 172.46 feet to the R.O.W. of
Metcalf Road thence southeasterly along the R.O.W. to the Northeast Corner
of said Lot 41, thence. westerly along the north property line of said Lot 41
128.59 feet to the True Point of Beginning.
F:Oevelopment Agreements & ContractslBazrancas Access Easement.Doc
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