HomeMy WebLinkAboutDRB130246
Project Name:ERWSD NEW VALVE VAULT DRB Number: DRB130246
Project Description:
WITHIN AN EXISTING UTILITY EASEMENT, ERWSD WISHES TO REPLACE AN EXISTING 9'x10'
CONCRETE, MANUALLY OPERATED VALVE VAULT WITH A 9' DIAMETER. PRE-FABRICATED,
REMOTELY ACTUATED VALVE VAULT.
Participants:
OWNER PRESCOTT, WILLIAM R. - DODSO 06/27/2013
1032 PONTE VERA BLVD
PONTE VERDA BEACH, FL
32082
APPLICANT EAGLE RIVER WATER & SANITATI 06/27/2013 Phone: 970-471-3696
846 FOREST ROAD
VAIL
CO 81637
Project Address:2437 GARMISH DR VAILLocation:
IN THE UTILITY EASEMENT
Legal Description:Lot: 12 Block: H Subdivision: VAIL DAS SCHONE FIL 2
Parcel Number:2103-114-1300-8
Comments:See conditions
BOARD/STAFF ACTION
Motion By: Action: STAFFAPP
Second By:
Vote: Date of Approval: 07/18/2013
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
(PLAN): DRB approval shall not become valid for 20 days following the date of
approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS.
Cond: 202
(PLAN): Approval of this project shall lapse and become void one (1) year following
the date of final approval, unless a building permit is issued and construction is
commenced and is diligently pursued toward completion.
Cond: CON0013326
The applicant shall grade and revegitate the site with native grass seed mix prior
to requesting final planning inspections.
Cond: CON0013327
The applicant shall paint the vault hatch and any vent pipes either gren or brown as
to help them fade away into the vegetation prior to requesting a final planning
inspection.
Planner:Warren Campbell DRB Fee Paid: $250.00
partment of Community Development
JUN 26 2013 75 South Frontage Road
TOWN OF VAIL A Vail,CO 81657
Tel: 970-479-2128
TOWN OF VAIL www.vailgov.com
Development Review Coordinator
Application for Design Review
Minor Exterior Alteration
General Information: This application is required for all proposals involving minor changes to buildings and site
improvements, such as roofing, painting, window additions, landscaping, fences, retaining walls, etc. Applicable Vail
Town Code sections can be found at www.vailgov.com under Vail Information—Town Code Online. All projects requiring
design review must receive approval prior to submitting a building permit application. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department, as outlined in
the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Planning and
Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit
is issued and construction commences.
Fee: $250 for Multi-Family/Commercial
$20 for Single Family/Duplex
E Single Family F7 ((
Duplex l__ F Multi-Family F_"_; Commercial
Description of the Request: WMi_nl jW uT, e-Atkil F 2g31 -ARAtscd-M►1E 06L 60
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Physical Address: : 15i ,iVF ( 8(105.7
Parcel Number: ?163-04- 13-oDg (Contact Eagle Co.Assessor at 970-328-8640 for parcel no.)
Property Owner:Wt lItAA ?!k&C,b_ T *Nn sn F
Mailing Address: 10S2 t�nty�F_ 1l(-i2A BL N. PotdTE VF.22�A t3EAlf" rUglA4 Sc?oeZ
Phone:
Owner's Signature: 56F 7TAC. FA jqt7b -�; EiRsF Feu li 1 s
Primary Contact/Owner Representative: /;t
Mailing Address: 844 - F;5 s cpb 1;"1
Phone: (270) 14_7( 3�, G-
E-Mail: ✓13c��D FE t7 G Fax: Q70 `1'7(— 4108q
For Office Use Only:
Cash_ CC: Visa/MC Last 4 CC# Exp. Date: Auth# Check#
Fee Paid: Received From:
Meeting Date: DRB No.:�b U 13 Day
Planner: Project No: FK73- l?,— D,a 8$A
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision: VAIL DPLS Sc paG 51, I L)Q,�
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Eagle County, CO 201311830
Teak J Simonton 06/07/2013
Pgs: 5 03:49:23 PM
REC: $31.00
TEMPORARY CONSTRUCTIOP DOC: $0.00
THIS TEMPORARY CONSTRUCTION EASEMENT ("Easement") is made and
entered into this aOday of , 2013,by and between WILLIAM R.
PRESCOTT & KIMBERLEE A. DO SON-PRESCOTT,property owners, whose address is
1032 PONTE VERA BLVD, PONTE VERDA BEACH, FL 32082, ("Grantor") and the
EAGLE RIVER WATER& SANITATION DISTRICT, a quasi-municipal corporation and
political subdivision of the State of Colorado,whose address is 846 FOREST ROAD, VAIL,
COLORADO 81657 ("District").
WHEREAS,District desires to upgrade the existing water main and altitude valve(the
"District Improvements"), some of which is located over,under, on, through, and across certain
real property owned by Grantor; and
WHEREAS, in addition to the permanent easement that is conveyed to the District by a
separate document, District desires to acquire and Grantor desires to convey to District this
temporary construction easement over a portion of Grantor's real property commonly known and
numbered as 2437 GARMISCH DRIVE,VAIL, CO 81657 (Legal Summary: Subdivision:
VAIL DAS SCHONE FIL 2 BLOCK: H, Lot 12) ("Grantor's Property") for the purpose of
constructing District Improvements within the permanent easement.
NOW THEREFORE, for and in consideration of the covenants and agreements set forth
herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties hereby agree and covenant as follows:
1. Grant of Temporary Construction Easement. Grantor hereby grants and conveys to
District, and its successors and assigns, a temporary construction easement in, to,
through, over, across, the real property as more particularly described and depicted on
Exhibit A(the"Temporary Construction Easement Property"), effective as of the date
hereof, for the purpose of facilitating the construction and installation of the District
Improvements.
2. Termination of Temporary Construction Easement. The Temporary Construction
Easement granted herein shall be of no further force and effect upon completion of the
District Improvements or six months from the date of the execution of this Easement,
whichever occurs first.
3. Use. District may use the Temporary Construction Easement Property to the extent
necessary to construct the District Improvements within the permanent easement,
including,but not limited to, trenching, stockpiling soil and storing construction
equipment, and transporting vehicles and materials on and within the Temporary
Construction Easement Property.
4. Restoration. District shall repair, replace, re-landscape, re-vegetate and restore,to the
extent reasonably practical, any part of the Temporary Construction Easement Property
that is damaged or disturbed as a result of the District's exercise of its right hereunder.
Please return recorded document to:
{00265689.DOC/} ERWSD
Becky Peterson
846 Forest Road
Vail,CO 81657
5. Indemnification. To the extent permitted by law and without in any way waiving the
protections, immunities and defenses available to the District under the Colorado
Governmental Immunity Act, § 24-10-101 pt.se C.R.S.,the District agrees to indemnify
and save Grantor harmless from all liabilities, losses, damages, demands, claims and
causes of action or judgment, including reasonable investigation and attorneys' fees for
injury to person, loss of life or damage to property arising out of any negligent act or
omission of the District in connection with its use and occupancy of the Easement
Property.
6. Warranty. Grantor warrants and represents that Grantor is the fee simple owner of the
Temporary Construction Easement Property and that Grantor has full right, title and
authority, and that this Easement is effective to grant and convey to District the within
described easement.
7. Binding Effect. This Easement shall extend to and be binding upon the heirs, personal
representatives, successors and assigns of the respective parties hereto. The terms,
covenants, agreements and conditions in this Easement shall be construed as running with
the land.
8. Assignment. Grantee may not assign this Easement to a third party without the prior
written permission of Grantor.
IN WITNESS WHEREOF,the parties hereto have executed this Easement on the day
and year first above written.
Signature Page Follows
{00265689.DOC/}
f �
GRANTOR:
By: —L��10 e 42--
� �
Property Owner
State of riyrlk )
)ss.
County of UUY0 )
The foregoing instrument}v s acknov, ged before xne this2 -d"ay of
Mom 2013,by 1% as oMof
Y 5Yl fl t • y op ?(74,f G`3-�
My commission expires 6
Notary Public
�oW PUy_ Notary Public State of Florida
�. Camille A Anderson Address:
My Commission EE 213164
�wo4e Expires 06/04/2010
(SEAL)
GRANTEE:
e
By:
Lin Brook nera Manager
E LE RIVER WATER& SANITATION DISTRICT
(00265689.DOC/)
OWNER: U.S.F.S.
(RECEPTION No. 642835) EXHIBIT
LOT 13
Sg23'o'F
SW Y4 SE )/4 SECTION 11 NN
TOWNSHIP 5 SOUTH, RANGE 81 WEST, /
OF THE 6th P.M. /
OWNER: TOWN OF VAIL
(RECEPTION No. 642834) o
Fv LOT 12
rn
2
T S83'01'16"
E-128.57' RD F
TEMPOR
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ARY w
COG
RUCTION
M EASEMENT `�/ �� - 2TC:93
o
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t •
/ N83'0116 125.92'
D •
E /
w POINT OF
E BEGINNING
/ LOT 10
N LOT 11
O
J
x CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING
i C1 36'00'36" 125.00' 78.56' 40.63' 77.28' 534'50'42"W
n C2 14'25'23" 125.00' 31.47' 15.82' 31.38' S24'03'05"W
N
N
m EXHIBIT
LOT 12, BLOCK H,
o VAIL DAS SHONE, FILING NO. 2
o . uH
N II CoN.sVI.TANn,IHC'.
/ TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO :L�• w•,�Iml•.�•
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EXHIBIT A
TEMPORARY EASEMENT DESCRIPTION
A PARCEL OF LAND LOCATED IN LOT 12,BLOCK H,VAIL DAS SCHONE FILING No.2
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 25, 1969 AT RECEPTION NO. 110984 IN
THE OFFICE OF THE CLERK AND RECORDER,COUNTY OF EAGLE,STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 12 ALSO BEING ON THE
NORTHERLY RIGHT-OF-WAY OF GARMISCH DRIVE;THENCE N 83°01'16"W ALONG THE
SOUTH LINE OF SAID LOT 12 A DISTANCE OF 125.93 FEET TO THE SOUTHWEST CORNER OF
LOT 12;THENCE N 19°20'00"E ALONG THE WESTERLY LINE OF LOT 12 A DISTANCE OF 30.71
FEET;THENCE DEPARTING SAID WESTERLY LINE OF LOT 12 S 83°01'16"E A DISTANCE OF
128.57 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY OF GARMISCH DRIVE,
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY ALONG A CURVE 31.47 FEET ALONG
SAID CURVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 14 025'23",A RADIUS
OF 125.00 FEET AND A CHORD WHICH BEARS S 24 003'05"WA DISTANCE OF 31,38 FEET;TO
THE POINT OF BEGINNING.
�i�o►►uiiuetr���i,
SAID PARCEL CONTAINING 0.087 ACRES MORE OR LESS.
4. *a
27%
Ni
BRENT BIGGS PLS No.27598
PREPARED FOR AND ON BEHALF OF
PEAK LAND CONSULTANTS,INC.
P:\1200-1299\1223\docs\Exhibit-Temp-Legal.doc
r Eagle County, CO 201311829
Teak J Simonton 06/07/2013
Pgs: 4 03:49:23 PM
REC: $26.00
DOC: $0.00
WATER EASEME,,s
THIS EASEMENT is made this vZ��day of v , 2013, by and between
WILLIAM R. PRESCOTT & KIMBERLEE A.DODSON- RESCOTT (hereinafter referred
to as"Grantor"), successors and assigns, and the EAGLE RIVER WATER AND
SANITATION DISTRICT, a political subdivision of the State of Colorado within the County
of Eagle, (hereinafter referred to as "District").
WITNESSETH,that for and in consideration of the sum of One Thousand Dollars
($1,000.00) and other good and valuable consideration paid by the District to Grantor,the
adequacy and receipt of which is hereby acknowledged, the Grantor does hereby grant, convey
and transfer unto the District, its successors and assigns, a perpetual easement and right to
construct, install, remove, replace, add to,maintain,repair, operate, change or alter underground
water lines and all underground and surface appurtenances related thereto, including without
limitation valve boxes,meter vaults and manholes (hereinafter"water lines"), together with any
and all water lines situate therein, all necessary rights-of-way for convenient ingress and egress
thereto and therefrom, and the right to occupy and use, from time to time, as much of the
adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes,
over,under and across the following described premises, situate in the County of Eagle, State of
Colorado, to-wit:
See EXHIBIT A attached hereto and incorporated herein by reference.
Grantor warrants that the Grantor has the lawful right to grant and convey such easement
and rights-of-way.
Grantor will at no time permit, place or construct any structure,building or improvement
of any kind, temporary or permanent, on any part of the above-described premises. Any
structure,building or improvement located on the above-described premises as of the date of this
Easement,may be removed by the District without liability for damages arising therefrom.
Following the completion of the purpose of any entry by the District upon such easement
for any of the aforesaid objects, the District shall restore the premises to substantially the same
condition existing at the time of the entry thereon, except for structures, buildings, improvements
(including,without limitation, sidewalks, driveways, parking areas, planters, and walls) and
plants (including, without limitation,trees and shrubs), thereon located or damaged thereby.
All provisions of the Easement, including all benefits and burdens, shall run with the land
and shall be binding upon and inure to the benefit of the successors and assigns of the parties
hereto, subject to the provisions hereof.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and
year first above written.
2437 Garmisch Drive,Vail,CO 81657 Please return recorded document to:
ERWSD
Becky Peterson
846 Forest Road
Vail,CO 81657
n �
GRANTOR:
By:
Name:
Title:
Property Owner
STATE OF. r Ids }
} ss.
COUNTY OF baya) )
The foregoing Easement was subs abed and sworn to before me this M day of
%I-. '20l3,byWjj& as of Grantor.
Ir
Witness my hand and official seal.
My commission expires:
(�I
Notary Public State of Florida
64 Camille A Anderson
My Commission EE 213154 V`
of p� Expires 08/0412016
Notary-Public
ACCEPTED by the District this 3 day of �ALtne— 2013.
By:
Name: )(Geral Brooks
Manager,Eagle River
Title: Water&Sanitation District
2437 Garmisch Drive,Vail,CO 81657
OWNER: U.S.F.S.
(RECEPTION No. 642835) EXHIBIT A
LOT 13
SW Y4 , SE Y4 , SECTION 11 N
TOWNSHIP 5 SOUTH, RANGE 81 WEST, /
OF THE 6th P.M. /
rlu
OWNER: TOWN OF VAIL .0
(RECEPTION No. 642834) o LOT 12
V
_vi
2
o �,i1atcitxj�slf7r'r.•
10.24' 16 C-126.40-
c
S83'01' " r
y
a 7.17' �/ /���////�� � �•("v'3�
N w?' N83 p•1i 16 .w 1125' —� �'P
8 i � i
N83'01' a ?, TRUE POINT
0 16"�y _ 125.92' BEGINNING
EXISTING 7' UTILITY EASEMENT
M / (RECEPTION No. 110984) POINT OF
3 (SHADED AREA) COMMENCMENT
/ LOT 10
W LOT 11
N
O
i CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT CHORD OR BEARING
C1 36'00'36" 125.00' 78.56' 40.63' 77.28' S34'50'42"W SOWS.. /,—,?Q'
C2 3'16'29" 125.00' 7.14' 3.57' 7.14' N18'28'38'E
i C3 4'40'30" 125.00' 10.20' 5.10' 1 10.20' 522'32'08"W
N
EMBIT
LO
LOT 12, BLOCK H,
VAIL DAS SHONE, FILING NO. 2 ,"r ,•ate
i TOWN OF VAII. EAGLE COUNTY, STATE OF COLORADO
0
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EXHIBIT A
EASEMENT DESCRIPTION
A PARCEL OF LAND LOCATED IN LOT 12,BLOCK H,VAIL DAS SCHONE FILING No.2
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 25, 1969 AT RECEPTION NO. 110984 IN
THE OFFICE OF THE CLERK AND RECORDER,COUNTY OF EAGLE,STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 12 ALSO BEING ON THE
NORTHERLY RIGHT-OF-WAY OF GARMISCH DRIVE;THENCE 7.14 ALONG A CURVE OF SAID
NORTHERLY RIGHT-OF-WAY OF GARMISCH DRIVE TURNING TO THE LEFT HAVING A
CENTRAL ANGLE OF 3 01629",A RADIUS OF 125.00 FEET AND A CHORD WHICH BEARS
N 18 028'38"E A DISTANCE OF 7.14 FEET TO THE TRUE POINT OF BEGINNING;
THENCE N 83 001'16"W A DISTANCE OF 125.82 FEET TO A POINT ON THE WESTERLY LINE OF
LOT 12;THENCE N 19°20'00"E ALONG THE WESTERLY LINE OF LOT 12 A DISTANCE OF 10.24
FEET;THENCE DEPARTING SAID WESTERLY LINE OF LOT 12 S 83°01'16"E A DISTANCE OF
126.40 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY OF SAID GARMISCH DRIVE;
THENCE 10.20 FEET ALONG A CURVE OF SAID NORTHERLY RIGHT-OF-WAY OF SAID
GARMISCH DRIVE TURNING TO THE LEFT HAVING A CENTRAL ANGLE OF 4°40'30",A
RADIUS OF 125.00 FEET AND A CHORD WHICH BEARS S 22 032'08"W A DISTANCE OF 10.20
FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.029 ACRES MORE OR LESS.
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rail,
BRENT BIGGS PLS No.27598
PREPARED FOR AND ON BEHALF OF
PEAK LAND CONSULTANTS,INC.
i
P:\1200-1299\1223\docs\Exhibit-Esmt-Legal.doc