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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 1 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 2 w m m Q j W K F¢ Lr) K Q U / z z v 'E 115 PSE~~N~ I Z j n yp4 6 ORP~NPG~ °¢z t PNO rr,~ O N S J 6 5$ Y ' U Q N I I m ' 25.0 O z I I m I I U i a Q I ° 0 N Z ~ Q J I W~ ° W <0 co H ,z r N I j no - I W W N Z C W~ ui O a m a n w ~ Z o 4 00 a o 6 a 1 O KO W ¢ I i M W 4 M U O C M z ' Z 10.0• a -Z CIS r I I 15.0' I ' I S I I 1NP~~ As I ORP 11~ PNO " I ~tt~~j~ S15pA 16t F I 0 mt -CL O Oy 16 N ~ N250~. 0 U y O M ~i a U n P2 8 W N S 4g w w W Q m m W ~ N x U C w J o K 'M rn a U 5 Q v ° W z w X w o E-E 0 dzU Z °o 024 Q~'w W U < ~7 d , W W W O U w N ~d R1 fs. E" O < m a E E W ~ U U r J K Y N 2 w W Y p~ Z U JZ JJ At W N m N J w N w °o -Z - 'z z ~Q L) 0 0 3 Z 0 W Mf=F-lwi QN~ OU Q O W W O ZW wLUa QZN M C66- O- Q^ N O O H Q h-3 ztu 0OMm - U r0 O°z b, wO Q 0 S O m O N O m z o" °ooQ "Or Z mw N O o J N V Q N U O ^ Q N K Q O WZ L, K- W W O Q W mu W Q 2 0 L, --LLI WZ Ost ZW H O W M O "o, E Z zOffO ,ONN wOJ ~ZUJ OZWOrlN ~C7 WE~a OwoZmwiz ==z W Z w U W Z K W W_ -U' QwZ~- ZWOz°o°Nm Z ~Q p Q Z W Z a UQ~Zwao W OWOw HwYY H~NF- NK Z Q zw0mo 3UUm °O Oa L) U. C~ LLI K w w a 2 Q z>p4 Z>Z, W ' Q QwQO wwOn'~°~ZO• K m K w m U Q~ N w H J w < W Z wYOcc QYQ ° a00p mtwi L. Kw>z rco c, Lu lZ. p=w UZ Q mN Z z < in :3 K w H Z w H O 2 N++ QmNQ mQmr aoo w (L Q Q mU< ui u) xm. ~zz° ZDO JQ J Z a= H ° z 0 0 w U Q K^ 3 4 ~ O Z K K 0 Q W 0 'man N 3 d mz Z z (n Z ~ J CL J O Q _M: 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: • 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 • CADocuments and Settings\nwood\Local Settings\Temporary Intemet Files\OLK2\Ll7B4WRres0416.doc