TC Ord. No. 2014-11 APPROVING THE DEED OF EASEMENT FOR A PARCEL OF LAND, PE -1 AND PE -2, LOCATED AT LOT 1, RIVERSIDE,TOWN OF AVON
ORDINANCE 14 -11
SERIES of 2014
AN ORDINANCE APPROVING THE DEED OF EASEMENT FOR A
PARCEL OF LAND, PE -1 AND PE -2, LOCATED AT LOT 1, RIVERSIDE,
TOWN OF AVON, COLORADO FOR THE PURPOSE OF
CONSTRUCTING THE EAGLE VALLEY TRAIL
WHEREAS, the Town Council has previously directed, authorized, and budgeted for acquisition
of easements required for the Eagle Valley Trail;
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council may
acquire real property interests and Colorado Revised Statutes section 31- 15- 101(1)(d) provides
that municipalities may acquire and hold real property;
WHEREAS, the Town Council finds that acquisition of this Deed of Easement from the Eagle
Bend Affordable Housing Corporation complies with and implements the Avon Comprehensive
Plan, including Goal G. Parks, Recreation and Open Space, Goal GI "Provide an exceptional
system of... trails .. to serve the year -round leisure -time needs of area residents and visitors. .
. ;" Policy G1.2 "The Town will continue to evaluate and acquire ... easements for ... trails
and recreation ... ;" Policy G1.3 "The Town's recreational trail system will integrate with the
regional trail system ... ; "; and, Policy G1.5 "The Town will coordinate with Eagle County ....
in providing access and linkage opportunities ... ;"
WHEREAS, the Town Council finds that acquisition of the Deed of Easement attached hereto
shall promote the health, safety and general welfare of the Avon community by allowing
improvements to the Eagle Valley Trail that enhance bicycle and pedestrian safety; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a
public hearing in order to provide the public an opportunity to present testimony and evidence
regarding the application and that approval of this Ordinance on first reading does not constitute
a representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, the following:
Section 1. Recitals Incoraorated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Deed of Easement Approved. The attached Deed of Easement for a Parcel of
land, PE -1 and PE -2, located at Lot 1, Riverside, Town of Avon, Eagle County, Colorado, is
hereby approved and accepted.
Ord. No 14 -11 Accepting Easement for Eagle Valley Trail
August 12, 2014
Page 1 of 3
Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and
Town Clerk are authorized to execute documents related to all documents approved in this
Ordinance and take such other actions as may be reasonably necessary to implement the actions
in this Ordinance, including but not limited to designating the order of recording of such
documents and executing other necessary and customary documents at closing which have been
reviewed and approved by the Town Attorney. The Mayor, Town Clerk and Town Attorney
may collectively review and approve the completion of documents, correction of typos,
grammatical errors, cross - reference errors, and revisions which do not alter the substantive terms
of any of the documents approved in this Ordinance.
Section 4. Severabilitv. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after public notice
following final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication by Postinll. The Town Clerk is ordered to publish this Ordinance by
posting notice of adoption of this Ordinance on final reading by title in at least three public
places within the Town and posting at the office of the Town Clerk, which notice shall contain a
statement that a copy of the ordinance in full is available for public inspection in the office of the
Town Clerk during normal business hours.
[Signature page follows]
Ord. No 14 -11 Accepting Easement for Eagle Valley'Crail
August 12, 2014
Page 2 of 3
INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED
AND REFERRED TO PUBLIC HEARING and setting such public hearing for August 12,
2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street,
Avon, Colorado, on July 15, 2014.
Rich Carroll, Mayor
Published by posting in at least three public places in Town and posting at the office of the Town
Clerk at least six days prior to final action by the Town Council.
ATTEST:
Debbie •_.
APPR VED AS TO FO
Eric J. He' , wn Attorney
INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND
ORDERED PUBLISHED BY POSTING on August 12, 201
Rich Carroll, Mayor
Published by posting by title in at least three public places in Town and posting by title at the
office of the Town Clerk.
ATTEST:
Debbie Hoppe, To Clerk
Ord. No 14 -11 Accepting Easement for Eagle Valley Trail
August 12, 2014
Page 3 of 3
P { Eagle County, CO 201418575
Teak J Simonton 10/29/2014
Pgs: 8 02:41:09 PM
REC: $46.00
DOC: $0.00
ATTACHMENT A
DEED OF EASEMENT
THIS DEED OF EASEMENT ( "Easement Deed ") is made this 30th day of September,
2014 between EAGLEBEND AFFORDABLE HOUSING CORP., a Colorado Corporation
( "Owner "), whose address is 28 2 "a Street #215, Edwards, Colorado 81632 and the Town of
Avon, a Colorado home rule municipal corporation ( "Town "), whose address is P.O. Box 975,
Avon, Colorado 81620.
WITNESSETH:
1. That for and in consideration of the covenants and agreements herein set forth, the sum of Ten
Dollars ($10.00), and other good and valuable consideration in hand paid by the Town to the
Owner, the receipt and adequacy of which is hereby acknowledged, the Owner hereby grants,
sells and conveys to the Town, its successors and assigns, an exclusive perpetual easement and
right -of -way ( "Easement ") to install, operate, maintain, repair, reconstruct, replace, inspect and
remove, at any time and from time to time, Eagle Valley Trail improvements, including all
underground, surface and streetscape appurtenances thereto, and to improve and maintain a
suitable slope or grade, together with a right -of -way for access on, along, and in all of the
hereinafter described Easement across those certain lands which are situate in the Town of Avon,
County of Eagle, State of Colorado, such lands and easement area being described more fully on
as PE -1 and PE -2 in EXHIBIT A attached hereto and by this reference made a part hereof.
2. The Owner further grants to the Town:
(a) The right from time to time to enlarge, improve, reconstruct, relocate and replace any
improvements, slopes and grades, or other structures constructed hereunder with any
other number or type of utility facilities, slopes and grades, or other structures either in
the original location or at any alternate location or locations within the Easement;
provided that such enlargement, improvement, reconstruction, relocation and replacement
as aforesaid shall not interfere with any reasonable use Owner shall make of the
Easement.
(b) the right to mark the location of the Easement by suitable markers set in the ground;
provided that permanent markers shall be placed in locations which will not interfere
with any reasonable use Owner shall make of the Easement.
3. Owner reserves the right to use the Easement area for purposes which will not interfere with
Town's full enjoyment of the rights hereby granted upon written request to the Town. The
parties further agree that the Owner's use of the Easement area shall be subject to the following
restrictions and conditions:
1
ATTACHMENT A
(a) Owner shall not erect or construct any building or other structure, or drill or operate any
well, or construct any permanent obstruction, or subtract from or add substantially to the
ground level, or allow the installation of utilities not already in place, in the Easement
area without obtaining the specific written permission of the Town, which permission
shall not be unreasonably withheld, conditioned or delayed.
(b) Owner shall take no action which would impair or in any way modify the earth cover
over, or the lateral, or subjacent support for the aforementioned improvements and
appurtenances within the Easement area without obtaining the specific written permission
of the Town, which permission shall not be unreasonably withheld, conditioned or
delayed.
(c) Owners shall take no action nor shall otherwise permit any activity, event, or permanent
or temporary structure which interferes with the movement of pedestrian, non - motorized
or vehicular traffic, emergency vehicle access, access for maintenance or inspection, and
other lawful purposes within the Easement area in which the Town may use right -of-
ways generally.
(d) In the event the terms of Paragraphs 3(a), (b) or (c) above are violated by the Owner or
by any person in privy with it, such violation shall be corrected and eliminated
immediately upon receipt of notice from Town, and, in the alternative, Town shall have
the right to correct and eliminate such violation, and the Owner, or its successors and
assigns, shall promptly pay the reasonable and actual cost thereof.
(e) Owner agrees to defend and hold harmless the Town for any damages or claims arising
from Owner's activities within the Easement area.
4. Town agrees that plans for construction of any improvements within the area of the Easement
will be provided to Owner prior to commencement of construction. Town agrees to hold Owner
harmless from any damages caused by negligent acts of the Town during construction, operation
and maintenance improvements, and for any damages or claims arising from Town's activities
within the Easement area. Except as otherwise provided herein, nothing in this Easement shall
be construed to waive, limit, or otherwise modify any governmental immunity that may be
available by law to the Town, its officials, employees, contractors, or agents, or any other person
acting on behalf of the Town and, in particular, governmental immunity afforded or available
pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part 1 of the
Colorado Revised Statutes. The Town covenants that neither it nor its employees, agents,
contractors or representatives shall dispose of, generate, manufacture, release or store
environmentally hazardous substances on or about the Easement area. The Town agrees to
maintain these improvements within the Easement area. Nothing herein shall bind or commit the
2
ATTACHMENT A
Owner to maintain, repair or be in anyway responsible for any portion of the Eagle Valley Trail
improvements.
5. The Town, its employees, agents, contractors and representatives, shall be prohibited from
taking any action or omission that subjects the Easement area to liens of any kind, including, but
not limited to, construction, mechanic's or materialmen's liens (collectively, "Liens "). In the
event the Easement area or the balance of Owner's property becomes subject to any such Liens
directly or indirectly through the action or inaction of the Town, its employees, agents,
contractors, or representatives, the Town shall discharge and bond off any such Liens within five
(5) days of the imposition of any such Liens, and the failure to do so shall permit Owner to
pursue all of its rights and remedies under this Easement Deed, at law, or equity.
6. The Town shall insure the Easement area and include the same in its commercial general
liability policies, which policies shall be maintained in commercially reasonable amounts.
Owner shall be named as an additional insured and Town shall deliver to Owner the certificate of
insurance naming Owner as an additional insured not less frequently than annually.
7. The parties agree that neither party has made or authorized any agreement with respect to this
Easement other than as expressly set forth herein, and no oral representation, promise, or
consideration different from the terms herein contained shall be binding on either party, or its
agents or employees, hereto.
8. Owner, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and
with the Town, its heirs and assigns, that at the time of the ensealing and delivery of these
presentments, Owner is well seized of the Easement above conveyed, has good and marketable
title in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and
convey the same in manner and form as aforesaid, subject to any easements, liens, claims,
reservations, covenants, conditions and restrictions of public record or which are obvious from a
physical inspection of the Easement area. Owner further agrees that Owner shall and will
WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and
peaceable possession of the Town, its heirs and assigns, against all and every person or persons
lawfully claiming by and through Owner.
7. Whenever used herein, the singular number shall include the plural, the plural the singular;
and the use of any gender shall be applicable to all genders. All of the covenants herein
contained shall be binding upon and inure to the benefit of the parties hereto, their respective
heirs, personal representatives, successors and assigns.
8. Article X, Section 20/TABOR: The parties understand and acknowledge that the Town is
subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The parties do not intend to
violate the terms and requirements of TABOR by the execution of this Agreement. It is
3
ATTACHMENT A
understood and agreed that this Agreement does not create a multi - fiscal year direct or indirect
debt or obligation within the meaning of TABOR and, therefore, notwithstanding anything in
this Agreement to the contrary, all payment and maintenance obligations of the Town are
expressly dependent and conditioned upon the continuing availability of funds beyond the term
of the Town's current fiscal period ending upon the next succeeding December 31. Financial
obligations of the Town payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted, and otherwise made available in accordance with the
rules, regulations, and resolutions of Town of Avon, and other applicable law.
IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year
first above written.
EagleBenXot ordable Ho Ing Corporation
A Colorad fo r Pr�ofi rnoration
By: Gerdld E Fl
Its: President
STATE OF
} ss.
COUNTY OF }
Subscribed and sworn to before me this v day of C�c /�i�' , 2014, by
as [Title]. ,J /':C S%' elCt_
Witness my hand and official seal
41 §4_LY4(,_
PtA�y Public
M
Eiires:�NnTAgy HRISTENSEN
My commission ex PUBLIC
COLORADO
20084016381
D(PIRES MAY 8 2016
TOWN OF AVON
BY:
Rich Carroll, Mayor
ATTEST:
"71 . 0 4""C)QL-
Debbie Hoppe, o n Clerk
STATE OF COLORADO
COUNTY OF EAGLE
}
} ss.
}
ATTACHMENT A
The foregoing document was subscribed and sworn to before me this 2 /'
day of 2014, by Rich Carroll as Mayor and Debbie Hoppe as Town Clerk of the Town
of Avon.
Witness my hand and seal. My commission expires: 3-1-16'-
4�t S. 0'.'-
Notary Public
5
KENNETH B. DAMMEN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20104006985
MY COMMISSION EXPIRES 3/1/2018
ATTACHMENT A
EXHIBIT "A"
EXHIBIT A
PROJECT NUMBER: F 001 -2(2)
PERMANENT EASEMENT NUMBER: N/A
Date: February 14, 2013
DESCRIPTION
A permanent easement adjacent to the Department of Transportation, State of Colorado, Project No. F 001-
2(2) containing 504 square feet or 0.0116 acres, more or less, located in the Northwest 1/4 Southeast 1/4
._ Section 12, Township 5 South, Range 82 West of the Sixth Principle Meridian, Eagle County, Colorado,
also being a part of Lot 1, Riverside, according to the map thereof recorded at Reception No. 408979 in the
office of the Eagle County Clerk and Recorder, lying northerly and adjacent to the nort herly right -of -way
line of U.S. Highway 6 & 24; said permanent easement, with all bearings contained herein based on a
bearing of S45'29'5 9"E between the C 1/4 corner of said Section 12, a found 3 I/2" aluminum cap
monument set 0.5' below grade in a plastic monument box and the SE1 /16 corner of said Section 12, a
found 3 I /2" brass cap monument on 2 1/4" iron pipe, being more particularly described as follows:
Beginning at a point on the northerly right -of -way line of U.S. Highway 6 & 24, also being the southerly
boundary line of said Lot 1, whence said Center 1/4 corner of Section 12 bears N65 °49'36 "W 1029.70 feet;
thence departing said northerly right -of -way line N46 °38'50 "E 19.07 feet; thence S43 °21' 10 "E 52.91 feet to
a point on said northerly right -of -way line; thence along said line N63 °10'1 I "W 56.24 feet to the point of
beginning.
The above described Permanent Easement contains 504 square feet or 0.0116 acres, more or less.
The above described Permanent Easement is for the construction and maintenance of drainage facilities.
For and on behalf of the Colorado
Department of Transportation
Stan Hogfeldt, PLS 26598
Eagle Valley Surveying
P.O. Box 1230
Edwards, CO. 81620
PAGE 1 OF 2
TRACT A
LOT 1 RIVERSIDE
RIVERSIDE (R.N. 408979)
(R.N. 408979)
Y6& %*�c`
� PERMANENT
%0 � V `�``�� <4 (SHADED)
qR
NORTHERN LIMITS 4.7�`.`'
OF GRADING -
P.O.B.
FOUND BRASS HWY \
R.O.W. MONUMENT SET
IN CONCRETE
(TYPICAL)
41199 HIGHWAY 6 & 24, EAGLE -VAIL
P.O. BOX 1230
EDWARDS. CO. 81632
(970)949 -1406
LINE
BEARING
DISTANCE
L1
N57'27'03 "W
100.44'
L2
N6,3'1 O' 1 1 "W
48.84'
L3
S67'05'42 "E
46.91'
L4
S65'20'1 8 "E
83.34'
L5
S21'58'02 "E
24.86'
JOB No. 3288 -1
PAGE 2 OF 2