TC Res. No. 2004-16 APPROVING SURFACE GRADING AND DRAINAGE EASEMENTDeAfied
TOWN OF AVON, COLORADO
RESOLUTION NO. 04-16
SERIES OF 2004
A RESOLUTION APPROVING SURFACE GRADING AND DRAINAGE EASEMENT
FOR LOT 30, BLOCK 1, BENCHMARK AT BEAVER CREEK, TOWN OF AVON,
- EAGLE COUNTY, COLORADO
WHEREAS, the Easement (a copy of which is attached hereto and made a part hereof)
complies with Town Standards; and
WHEREAS, the Easement authorizes the property owner of Lot 30, Block 1, Benchmark
at Beaver Creek, to access a portion of the Town of Avon's property; known as Tract B, Block 1,
Benchmark at Beaver Creek and described therein as the "Easement Area" for the limited
purpose of constructing, operating and maintaining drainage facilities to divert stormwater and
debris flows around site excavation and permanent structures, in accordance with approved plans
submitted in conjunction with Town of Avon Building Permit Number C-BP2002-8; and
WHEREAS, the exercise of the 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 Town of Avon Building Permit Number
C-BP2002-8 and shall not be recorded with the Clerk and Recorder of Eagle County until
required security is deposited with the Town of Avon, the initial building permit site inspection is
approved and actual construction commences on the property; and
WHEREAS, the recording and exercise of the Easement is subject to compliance with
specific conditions.
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 Easement for Lot 30, Block 1, Benchmark at Beaver Creek, Town of
Avon, Eagle County, Colorado subject to:
1. Site excavation shall be subject to daily site review by Professional Geotechnical
representative from Hepworth-Pawlak Geotechnical, Inc. to assure site conditions are consistent
with conditions anticipated in their Reports dated April 6, 2004 and April 20, 2004. Daily
Observation Reports shall be filed with the Town of Avon Building Department no later than two
days following observation. Failure to comply with submittal requirements may result in
suspension of the Building Permit.
2. If any discrepancies in site conditions are observed or any failure of excavated
slope occurs, the Building Permit will be suspended until such time as a solution acceptable to
the Town of Avon is implemented. Failure to implement an acceptable solution within three
months from the date of occurrence may result in termination of the Building Permit and use of
the security deposited with the Town of Avon to restore the site to a stable condition generally
conforming to its original contours.
3. A Security Deposit in the form of cash or a letter of credit acceptable to the Town
of Avon, in the amount of $250,000, to assure adequate funds are available to stabilize a
potential slope failure and restore the site shall be deposited with the Town. Said Security
Deposit will be released upon satisfactory completion and backfill of all retaining walls or upon
satisfactory completion of site stabilization and restoration following slope failure or unresolved
unanticipated conditions.
4. Construction Grading Plan dated May 3, 2004 by Peak Land Consultants shall be
modified to correct technical issues as identified by Town Staff, including elimination of all
encroachment on Lot 31, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County,
r
Colorado. Construction Grading Plan with required modifications shall be made a part of the
Building Permit Plans.
ADOPTED THIS DAY OF , 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenney, Town Clerk
Resolution No. 04-16 Car Wash Easement 2
Page of 2
GRANT OF EASEMENT
THIS GRANT OF EASEMENT made and entered into this day of , 2004, 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, NJ 07960-5344 (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 (hereinafter referred
to as 'Basement Area"), generally described as the southerly fifteen (15) feet of that portion of
Tract B, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado that is
adjacent to and parallel with the common northerly lot line of Lot 30, Block 1, Benchmark at
Beaver Creek, Town of Avon, Eagle County, Colorado and as depicted on Exhibit "A" attached
hereto and incorporated herein, for the limited purpose of constructing, operating and
maintaining drainage facilities to divert stormwater and debris flows around site excavation and
permanent structures, in accordance with approved plans submitted in conjunction with Town of
Avon Building Permit Number C-BP2002-8.
This easement is for the benefit of and appurtenant to that land described as Lot
30, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado (The
Property) and is limited to construction of the building permit and related approvals known as C-
BP2002-8. This easement -shall terminate if construction does not commence in accordance with
the terms and conditions of C-BP2002-8.
This easement shall be used so as not to unreasonably 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 operate, repair and maintain all ground
surfaces and drainage facilities in the Easement Area and across The Property to the Nottingham
Road, Right-of Way, to the satisfaction of the Grantor, at its own cost and expense. Grantees
failure to correct any operational, repair or maintenance issue within 30 days of written notice
from Grantor shall be considered a default and the Grantor may implement any and all steps as it
deems necessary to remedy the issue. Grantee shall reimburse Grantor all direct costs plus an
administrative:fee of fifteen (15%) percent of the total costs associated with the correction.
These costs shall be assessed as a lien against the property and the obligation for reimbursement
shall run with the land.
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.
1AEngineering0evelopment Review\Benchmark at BOBlock I\Lots 30-3 1 \Excavation Easement.doc
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GRANTOR:
Town of Avon, Colorado
Town Council
Albert D. Reynolds, Mayor
STATE-OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
2004, by
My commission expires:
Witness my hand and official seal.
Notary Public
GRANTEE:
STATE OF NEW JERSEY
Steven M. Grow
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
, 2004, by
My commission expires:
Witness my hand and official seal.
Notary Public
BEngineenng0evelopment Review\Benchmark at BC\Block I\L.ots 30-31\Excavation Easement.doc
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03
TOWN OF AVON
RESOLUTION NO.04.-16
Series of 2004
ARESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 173,
BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, George Plavec has submitted a Final Plat for a Resubdivision of Lot 17, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was 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 a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for a Resubdivision of Lot 17, Block 4, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
1. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS 'g5*- ,
DAY OF 2004.
TOWN COUNCIL
ATTEST:
Pa Kenn , T wn Cl s
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayo
1ATown Clerk\Council\Resolutions\2004\Resolution No. 04-16 L17B4W.doc
•
Memo
To: Honorable Mayor and Town Council
Thru: Lary Brooks, Town Manager
From: Norman Wood, Town Engineer
Anne Martens, Assistant Town Engineer
Date: 5/18/2004
Re: Resolution No. 04 -16, Approving the Final Plat, A Resubdivision of Lot 17, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado
(5670A and 56708 Wildridge Rd East)
Summary: George Plavec, owner of Lot 17, Block 4, Wildridge, has submitted a Final Plat
to resubdivide Lot 17, Block 4, Wildridge, Town of Avon, Eagle County, Colorado. This is a
Duplex Subdivision of a developed lot, creating Duplex lots 17A and 17B. The Subdivision is
in conformance with the Title 16 of the Avon Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 04 - 16, Series of
2004, A Resolution Approving. the Final Plat, a Resubdivision of Lot 17, Block 4, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments:
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CADocuments and Settings\nwood\Local Settings7emporary Internet Files\OLKAU7B4WR.doc
TOWN OF AVON
RESOLUTION NO. 04 -16
Series of 2004
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 17,
BLOCK 4, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, George Plavec has submitted a Final Plat for a Resubdivision of Lot 17, Block 4,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was 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 a
Final Plat.
•
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for a Resubdivision of Lot 17, Block 4, Wildridge, Town of is
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
1. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF
, 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, Mayor
ATTEST:
Patty McKenny, Town Clerk
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