TC Res. No. 2004-19 APPOINTING REPRESENTATIVES TOTOWN OF AVON, COLORADO
RESOLUTION NO. 04-19
SERIES OF 2004
A RESOLUTION APPROVING TEMPORARY 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 purposes of access and construction, and maintaining temporary drainage facilities to
divert stormwater and debris flows around site excavation, 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 Temporary 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 installation of berms
to assure positive drainage catch areas at inlets and elimination of all encroachment on Lot 31,
Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. Construction
Grading Plan with required modifications shall be made a part of the Building Permit Plans.
ADOPTED THIS $ t 4l DAY OF
TOWN COUNCIL
TOWN OF AVON, COLORADO
ATTEST:
JMKenney, Pl c 141
Pa To C1 rk
jam- .2004.
Albert D. Reynolds, ayor
Resolution No. 04-19 Easement Lot 30
Page 2 of 2
f
GRANT OF TEMPORARY EASEMENT
THIS GRANT OF TEMPORARY EASEMENT made and entered into this 46"1:1~ day of
• "kf_ , 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 temporary easement
(hereinafter referred to as "Easement 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 purposes of access and construction
and maintenance of temporary drainage facilities to divert stormwater and debris flows around
site excavation, in accordance with approved plans submitted in conjunction with Town of Avon
Building Permit Number C-BP2002-8. 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.
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 the earlier of (1) if construction does not commence in
accordance with the terms and conditions of C-BP2002-8, (2) if construction is terminated under
C-BP2002-8 or (3) upon the issuance of a Certificate of Occupancy under 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 during the
term of this easement. 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.
1AEngineering0evelopment Review\Benchmark at BC\Block ] Lots 30-3]\Excavation Easement-Rev.doc
I
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. Grantee shall provide Certificate of Insurance naming the Town of Avon and its
employees as additional insured.
GRANTOR:
STATE OF COLORADO
COUNTY OF EAGLE
ss.
The foregoing instrument was acknowledged before me this
2004, by OX'RtZTtom.
My commission expires: y 1 $ 1 Ote
Wi
official seal.
ate:
N~TA~B L\G• POO
F OF COLpP
My Commission Expires 04I08P1008
Town of Avon, Colorado
Town Council
Albert D. Reynolds, Ma or
day of
P -rqC-
Not ry JPbI~ic
I:\Engineering\Development Review\Benchmark at BC\Block l\Lots 30-3 1 \Excavation Easement-Rev.doc
2
GRANTEE:
Steven M. Grow
STATE OF NEW JERSEY )
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
1:\Engineering\Development Review\Benchmark at BC\Block 1\Lots 30-3 1 \Excavation Easement-Rev.doc
3
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Memo
To: Honorable Mayor and Town Council
Thru: Lary Brooks, Town Manag6r
From: Norman Wood, Town Engineerw'~',/
l~
Date: May 28, 2004
Re: Avon Express Car Wash - Temporary Grading and Drainage Easement
(710 Nottingham Road)
Resolution No. 04-19 - A Resolution Approving Temporary Surface Grading
and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver Creek,
Town of Avon, Eagle County, Colorado
Summary: Steven M. Grow, owner of Lot 30, Block 1, Benchmark at
Beaver Creek has submitted a request for a temporary grading and drainage easement on town
owned property, Tract B, Block 1, Benchmark at Beaver Creek. The requested easement will
allow diversion of drainage around the excavation required for construction of the proposed
Avon Express Car Wash on Lot 30. The Building Permit for this project (Permit No. C-
BP2002-8) was issued with a condition, "Access to the site will not be permitted until revised
retaining wall details and related easements have been submitted and approved by the Town of
Avon." The granting of this Easement will meet this condition. Permit No. C-BP2002-8 will
expire June 10, 2004 if work is not commenced by that date.
Mr. Grow has submitted Geotechnical Reports by H-P Geotech that based upon on-site soil
borings indicate the excavation should be stable at a slope of '/4 horizontal to 1 vertical for a
depth of up to 30 feet. Mr. Grow has also submitted a Construction Grading Plan prepared by
Peak Land Consultants that shows that at this slope the excavation required for construction
can be maintained within the Lot 30 property line. The requested easement is to provide an
area to divert surface drainage around the excavation and involves minimal surface grading.
The attached Resolution No. 04-19, Series of 2004 approves the Grant of a fifteen-foot wide
temporary easement on Tract B adjacent to the northerly common lot line of Lot 30. The
Resolution places a number of conditions on the approval of this easement. These conditions
are generally stated as:
L\Engineering\Development ReviewBenchmark At BC\Block ITots 30-31\Memo Res 04-19.Doc
1. Requires daily site inspections by Geotechnical personnel to assure compliance with
recommendations
2. Excavation slope failure or unanticipated conditions allow suspension of Building
Permit and requires correction or restoration within 3-months from date of occurrence.
3. Requires $250,000 security deposit be made to the Town in the form of cash or letter
of credit to assure correction of potential slope failure problem and or site restoration.
4. Approval is subject to completion of technical corrections to Construction Grading
Plan as identified by staff
We believe the Grant of Easement as approved by Resolution 04-19, Series of 2004 addresses
issues related to site grading and construction associated with the proposed Avon Express Car
Wash. We recommend approval of Resolution No. 04-19, Series of 2004, A Resolution
Approving Temporary Surface Grading and Drainage Easement for Lot 30, Block 1,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
Recommendation: Approve Resolution No. 04-19, Series of 2004, A
Resolution Approving Temporary Surface Grading and Drainage Easement for Lot 30, Block
1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 04-19, Series of 2004,
A Resolution Approving Temporary Surface Grading and Drainage Easement for Lot 30,
Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
Town Manager Comments:
'e~
• Page 2
TOWN OF AVON, COLORADO
RESOLUTION NO. 04-19
SERIES OF 2004
A RESOLUTION APPROVING TEMPORARY 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 purposes of access and construction, and maintaining temporary drainage facilities to
divert stormwater and debris flows around site excavation, 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 Temporary 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.
64f
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' backf ll 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 installation of berms
to assure positive drainage catch areas at inlets and elimination of all encroachment on Lot 31,
Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, 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
ATTEST:
Pa M enney, ToV Cl rk
Albert D. Reynolds, ayor
r. 4' , .
G~
Resolution No. 04-19 Easement Lot 30
Page 2 of 2
GRANT OF TEMPORARY EASEMENT
THIS GRANT OF TEMPORARY EASEMENT made and entered into this Z11 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 temporary easement
(hereinafter referred to as_ "Easement 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 purposes of access and construction
and maintenance of temporary drainage facilities to divert stormwater and debris flows around
site excavation, in accordance with approved plans submitted in conjunction with Town of Avon
Building Permit Number C-BP2002-8. 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.
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 the earlier of (1) if construction does not commence in
accordance with the terms and conditions of C-BP2002-8, (2) if construction is terminated under
C-BP2002-8 or (3) upon the issuance of a Certificate of Occupancy under 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 during the
term of this easement. 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.
BEngineering0evelopment Review\Benchmark at BOBlock 1\Lots 30-3 1 \Excavation Easement-Rev.doc
1
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. Grantee shall provide Certificate of Insurance naming the Town of Avon and its
employees as additional insured.
GRANTOR:
STATE OF COLORADO
COUNTY OF EAGLE
) ss.
The foregoing instrument was acknowledged before me this
2004, by 0.L&tt JR94fkalAS
My commission expires: `I 18 1 0~-
official seal.
yj AVB 1,~G •QC
1~ F OF COQ.
day of
Q -Mc-1-1
Not ')b-ff c
W Cron WiMS 041081 M
Town of Avon, Colorado
Town Council
Albert D. Reynolds, Ma or
BEngineering0evelopment Review\Benchmark at BC\Block 1\Lots 30-3]\Excavation Easement-Rev.doc
2
GRANTEE:
Steven M. Grow
STATE OF NEW JERSEY )
) 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
BEngineering\Development Review\Benchmark at BOBlock 1\Lots 30-3 1 \Excavation Easement-Rev.doc
3
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TO: Honorable Mayor and Town Council
Thru: Larry Brooks, Town Manager
From: Norman Wood, Town Engineer
Date:- May 28, 2004
Re: Avon Express Car Wash - Temporary Grading and Drainage Easement
(710 Nottingham Road)
Resolution No. 04-19 - A Resolution Approving Temporary Surface Grading
and Drainage Easement for Lot 30, Block 1, Benchmark at Beaver Creek,
Town of Avon, Eagle County, Colorado
Summary: Steven M. Grow, owner of Lot 30, Block 1, Benchmark at
Beaver Creek has submitted a request for a temporary grading and drainage easement on town
owned property, Tract B, Block 1, Benchmark at Beaver Creek. The requested easement will
allow diversion of drainage around the excavation required for construction of the proposed
Avon Express Car Wash on Lot 30. The Building Permit for this project (Permit No. C-
BP2002-8) was issued with a condition, "Access to the site will not be permitted until revised
retaining wall details and related easements have been submitted and approved by the Town of
Avon." The granting of this Easement will meet this condition. Permit No. C-BP2002-8 will
expire June 10, 2004 if work is not commenced by that date.
Mr. Grow has 'submitted Geotechnical Reports by H-P Geotech that based upon on-site soil
borings indicate the excavation should be stable at a slope of/4 horizontal to 1 vertical for a
depth of up to 30 feet. Mr. Grow has also submitted a Construction Grading Plan prepared by
Peak Land Consultants that shows that at this slope the excavation required for construction
can be maintained within the Lot 30 property line. The requested easement is to provide an
area to divert surface drainage around the excavation and involves minimal surface grading.
The attached Resohition No. 0419, Series of 2004 approves the Grant of a fifteen-foot wide
temporary easement on Tract B adjacent to the northerly common lot line of Lot 30. The
Resolution places a number of conditions on the approval of this easement. These conditions
are generally stated as:
1:\Fngincering\Development Review\Benc}unazk At BOBlock 1\Lots 30-31\Memo Res 0419.Doc
1. Requires daily site inspections by Geotechnical personnel to assure compliance with
recommendations
2. Excavation slope failure or unanticipated conditions allow suspension of Building
Permit and requires correction or restoration within 3-months from date of occurrence.
3. - Requires $250,000 security deposit be made to the Town in the form of cash or letter
of credit to assure correction of potential slope failure problem and or site restoration.
4. Approval is subject to completion of technical, corrections to Construction Grading
Plan as identified by staff.
We believe the Grant of Easement as approved by Resolution 04-19, Series of 2004 addresses
issues related to site grading and construction associated with the proposed Avon Express Car
Wash. We recommend approval of Resolution No. 0419, Series of 2004, A Resolution
Approving Temporary Surface Grading and Drainage Easement for Lot 30,, Block 1,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
Recommendation: Approve Resolution No. 0419, Series of 2004, A
Resolution Approving Temporary Surface Grading and Drainage Easement for Lot 30, Block
1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
Proposed Motion: I move to approve Resolution No. 04-19, Series of 2004,
A Resolution Approving Temporary Surface Grading and Drainage Easement for Lot 30,
Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
'town Manager Comments:
0 Page 2
Post Office Box 975
400 Benchmark Rand
Ara:. Colorado 81620
O L O R A D
June 10, 2004
Steven M. Grow
8 Manette Road
Morristown, NJ 07960-6344
Re: - Avon Express Car Wash - Building Permit No. C-BP2002-8,
Lot 30, Block 1, Benchmark at Beaver Creek, Avon, Colorado
Temporary Surface Grading and Drainage Easement
Dear Mr. Grow:
970-748-4000
970-949-9139 Fax
970-845-7708 TTY
The Avon Town Council approved the enclosed Resolution No. 04-19, Series of 2004
that approved the also enclosed Grant of Temporary Easement for the limited purposes of
access and construction and maintenance of temporary drainage facilities to divert
stormwater.and debris flows around excavation required in conjunction with Building
f "Permit No. C-BP2002-8.
Please note that this Easement is subject to the following conditions of approval as
stipulated in Resolution No. 0419:
-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.
I:\Engineering\Development Review\Benchmark At BOBlock I\Lots 30-31\Easement Ur-Doc
June 10, 2004
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'Consultarits
shall be modified to correct technical issues as identified by Town Staff, including
installation of berms to assure positive drainage catch areas at inlets and elimination.of all
encroachment on Lot 31, Block I. Benchmark at Beaver Creek, Town of Avon, Eagle
County, Colorado: Construction Grading Plan with required modifications shall be made
a part of the Building Permit Plans.
Please execute and return the enclosed Grant of Temporary Easement. This must be
completed along with the submission of the required Certificate of Insurance and a
Security Deposit in the form of cash or letter of credit acceptable to the Town of Avon in
the amount of $250,000.00 prior to any use or disturbance of the easement area. -
If you have any questions regarding this matter please contact me at 970-748-4045.
Sincerely,
Norman Wood, P.E.
Town Engineer
cc: Larry Brooks
Tambi Katieb
\~Willey Gray
'Patty McKenny
BEngineering0evelopment Review\Benchmark At BOBlock 1\Lots 30-31\Easement Ltr. Doc 2
TOWN OF AVON, COLORADO
RESOLUTION NO. 04-19
SERIES OF 2004
A RESOLUTION APPROVING TEMPORARY 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 purposes of access and construction, and maintaining temporary drainage facilities to
divert stormwater and debris flows around site excavation, 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 Temporary 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 installation of berms
to assure positive drainage catch areas at inlets and elimination of all encroachment on Lot 31,
Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado. Construction
Grading Plan with required modifications shall be made a part of the Building Permit Plans.
ADOPTED THIS I ~ DAY OF 2004.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Albert D. Reynolds, ayor
ATTEST:
P -t' rq,- 1
Pa M Kenney, To1 rk
Resolution No. 04-19 Easement Lot 30
Page 2of2
GRANT OF TEMPORARY EASEMENT
THIS GRANT OF TEMPORARY 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 temporary easement
(hereinafter referred to as "Easement 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 purposes of access and construction
and maintenance of temporary drainage facilities to divert stormwater and debris flows around
site excavation, in accordance with approved plans submitted in conjunction with Town of Avon
Building Permit Number C-BP2002-8. 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.
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 the earlier of (1) if construction does not commence in
accordance with the terms and conditions of C-BP2002-8, (2) if construction is terminated under
C-BP2002-8 or (3) upon the issuance of a Certificate of Occupancy under 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 during the
term of this'easement. 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.
BEngineering0evelopment Review\Benchnairk at BC\Block 1\Lots 30-3 1 \Excavation Easement-Rev .doc
1
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. Grantee shall provide Certificate of Insurance naming the Town of Avon and its
employees as additional insured.
GRANTOR:
Town of Avon, Colorado
Town Council
Albert D. Reynolds, Ma or
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this day of
- , 2004, by & t ET 9 . 5
My commission expires: y S I cX,
official seal.
No b is
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BEngineering0evelopment Review\Benchmark at BOBlock 1\Lots 30-3 1 \Excavation Easement-Rev.doc
2
GRANTEE:
Steven M. Grow
STATE OF NEW JERSEY )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this.
2004, by
My commission expires:
Witness my hand and official seal.
Notary Public
1AEngineering0evelopment Review\Benchmark at BOBlock 1V,.ots 30-31\Excavation Easement-RevAoc
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