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Home My WebLink About2023-18 A Resolution of the Vail Town Council Approving a Sewer Easement between the Town of Vail and the Eagle River Water and Sanitation District and Vacating the Existing Sewer EasementRESOLUTION NO.18 SERIES OF 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A SEWER EASEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT, AND VACATING THE EXISTING SEWER EASEMENT WHEREAS, the Town wishes to grant a sewer easement to the Eagle River Water and Sanitation District, pursuant to the terms of the Sewer Easement attached hereto as Exhibit A and incorporated herein by this reference (the "Easement"). WHEREAS, the Town also wishes to vacate the current sewer easement described and depicted in Exhibit A, and recorded in the property records of Eagle County, Colorado at reception no. 840623. (the "Existing Easement"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Easement in substantially the same form attached hereto, subject to approval by the Town Attorney, and vacates the Existing Easement. Upon such approval, the Town Manager is authorized to execute the Easement, and any other necessary documents, on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, PASSED AND ADOPTED THIS 16t' DAY OF MAY, 2023. ►ir.11*1i Stephanie Bibbens, Town Clerk w 71- aid, Mayor 511212023 C.IUSERSIEASYPD 11APPDATAILOCALITEMPBCL TECHNOLOGIESE4SYPDF 81@BCL@CC08D99FI@BCL@CC08D99F. DOCX FORM D5: SEWER EASEMENT SEWER EASEMENT THIS EASEMENT is made this day of , 20 , by and between (hereinafter referred to as "Grantor"), and it's successors and assigns, and the Eagle River Water and Sanitation District, a quasi -municipal corporation 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 Dollar ($1.00) and other good and valuable consideration paid by the District to Grantor, the 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 sewer lines and all underground and surface appurtenances related thereto such as lift stations and manholes (hereinafter "sewer lines), together with any and all sewer 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, rights -of -way, and sewer lines. Further, Grantor warrants that the sewer lines are free and clear of all liens and encumbrances. 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 shrubs, plants, sidewalks, driveways or parking areas 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. Page 1 of 2 FORM D5: SEWER EASEMENT IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. GRANTOR: (Name of Grantor) STATE OF COLORADO } ) ss. COUNTY OF } The foregoing Easement was subscribed and sworn to before me this day of , 20_, by WITNESS my hand and official seal. (S EAL) Notary Public My commission expires: ACCEPTED by the District this day of ,20^ By: General Manager Page 2of2 ALPINE ENGINEERING INC January 3, 2022 Mr. Tug Birk Development Review Coordinator Eagle River Water and Sanitation District (ERWSD) Via email: dbirk@erwsd.org Completion of Water and Sewer Infrastructure Residences at Main Vail 129 North Frontage Road Dear Mr. Birk, All sanitary sewer and water system infrastructure work has been completed on the Residences at Main Vail project including work in Frontage Road. To the best of my knowledge, the materials and workmanship were completed in general compliance with the plans and specifications for the above referenced Project. Asbuilt information has been uploaded to the ERWSD portal. I would like to thank you for all your help on this successful project. Sincerely, 1111e-"� Matt Wadey, PE cc: Greg Hall GHall@vailgov.com Coleman Wise coleman(&,,triumphdev.com Michael O'Connor michael(q2triumphdev.com Chuck Apostolik charlesaiiostolik@shawconstruction.net PO Box 97 Edwards, CO 81632 970-926-3373 THIS DOCUMENT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS ONLY INTENDED TO DEPICT THE ATTACHED DESCRIPTION. Ss3' TR4 ?8 7)•� CT q ?82.39, ho LOT 1 ^ry LOT 3 2.070 ACRES (RECEPTION NO. 202124066) 129 N49'36'30"E — 65.47' CENTERLINE OF 20' SEWER EASEMENT (RECEPTION No. 840623) VACATED BY THLS FXHIBIT POINT OF TERMINATION EXHIBIT A U) O O O (TOWN OF VAIL) 6.LAL LOT 1 (WM 617. PAGE 603) f*1 / N �— 10' uTIUTY &- S83'4053� DRAINAGE EASEMENT L-13.74' 217.65' _ (R.N. 840623) TRUE POINT OF BEGINNING —POINT OF COMMENCEMENT Shy �trr�� E 9 IN RStq �� p RE��•. r $p . (NORTH R IGH TA A Y NO • 70 ��O�PO '[ • B/ �'SJF = 0 lk BRENT BIGGS PROFESSIONAL LAND SURVEYOR P.L.S. No. 27598 27598doo �• J2/29/2022 •� 1 scams r =so' v SEWER EASEMENT VACATION EXHIBIT LOT 3. AMENDED FINAL PLAT MIDDLE CREEK SUBDIVISION A RESUBDIVISION OF LOT i TOWN OF VAIL, COUNTY, COLORADO DRAWN BY. KPJ I CHECKED BY: BB I SHEET 1 OF 2 DATE.12/23/22 PLC JOB NO..1O39.9 LEXHIBIT A A 20' WIDE SEWER EASEMENT THE SIDES OF WHICH ARE 10 FEET FROM THE CENTER OF FOLLOWING DESCRIBED LINE AT RECEPTION NO. 840623. EAGLE COUNTY, COLORADO LOCATED IN LOT 3, FIRST AMENDMENT OF LOT 3, AMENDED FINAL PLAT MIDDLE CREEK SUBDIVISION CREEK SUBDIVISION, A RESUBDIVISION OF LOT 1 RECEPTION NUMBER 202124066, EAGLE COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE S83.40'53"E A DISTANCE OF 13.74 FEET ALONG SOUTH LINE SAID LOT 3 TO THE CENTERLINE OF SAID EASEMENT BEING THE TRUE POINT OF BEGINNING, THENCE DEPARTING SAID SOUTH LINE N49.36'30"E A DISTANCE OF 65.47 FEET BEING THE EgINT OF TERMINATION. CONTAINING 1,309 SQUARE FEET, 0.030 ACRES MORE OR LESS � �p0 R��j •. a� •dAE _ ��r�`� �i4v-+ 2759$� �.�2/23/ZOZZ - IL ��•' Sty BRENT BIGGS /0' ANp f� PROFESSIONAL LAND SURVEYOR P.L.S. No. 27598 SEWER EASEMENT VACATION EXHIBIT LOT 3, AMENDED FINAL PLAT MIDDLE CREEK SUBDIVISION A RESUBDIVISION OF LOT 1 TOWN OF VAIL, COUNTY, COLORADO DRAWN BY: KPJ I CHECKED BY: BB I SHEET2 OF 2 DATE.12/23/22 PLC JOB NO.:1039.9 1 ac PEAK 1JMO CO SL UJM M W— � ra►anons-rN +wi.'ao w:d / ECT/ROOF DOWNSPOUTS / TO AMD UNDERGROUND STORM SYSTEM, TYP. S 22.5' 22.5' / 1 INS'ALL -Wx8"&PVC TEE W/ 8' PVC RISER '� / /� do 8" Dfq✓1N�ATEE. � r = RpiA823B.0' 0 ` Ir v 6pNc , W-- CT 6/ '&V➢I+�TP11 INSTALL 22:5' IRE. PROFILE /- ll./� 1 � f IN ALL 121 NYLDR B -}' WITH f_ Ma521L MEDDLE CREEK-LOTJ _ _ _ _ _ _ _ -1 _ v IW 820�i4/ - s / /�/ ?,; I 6UT 2"= 8206 66' o� �IEP F TION � T6 ST LINE, 1