HomeMy WebLinkAboutGLEN LYON LOT 54 UNDERGROUND UTILITIESTO:
FROM:
DATE:
SURTECT:
Planning and Environmental Commission
Conmunity Development Department
April L0, 1989
Worksession: Minor Arnendment to Special DevelopmentDistrict #4 cascade Village: clen Lyonlvail Brewery
Property Area D
This issue is presented to the PEC as a worksession/information
iten and does not require a formal vote by the corunissioners.
Recently, Andy Norris received his access pennit from the
colorado Division of Highways for improvements to the Frontage
Road and access to Glen Lyon property, Area D. The CoLorado
Division of Highways is requiring that the developer add a l-5o'
deceleration lane on the South Frontage Road. originally whenthis proposal was being reviewed by the Planning and
Environmental Comnission, cDoH indicated that a deceleration
Iane may be necessary. once the proposal entered the formal
review process at CDOH, their staff reguired the deceleration
lane. (Please see the attached CDOH pentrit.)
The community Development Departroent considers this change to
be a minor amendment that roay be staff approved. In Section
18.40.O2O B, a minor amendment is defined as:
rrltlodifications to building plans, site or landscape plans
that do not alter the basic intent and ctraracter of the
approved special deveJ-opment district, and are consistent
with the design criteria of this chapter. Minor amendments
may include, but not be linited to, variations of not rnore
than 5 feet to approved setbacks and/or building
footprints,' changes to landscape or site plans that do not
adversely inpact pedestrian or vehicular circulation
throughout the special developrnent districti or changes to
gross floor areas (excluding residential uses), of not more
than 5 percent of the approved square footage of retail,
office, conmon areas and other non-residential floor
area. It
The staff approves the minor arnendment. The developer is still
able to place adeguate landscaping in front of the parking
structure which was a prirnary concern to the staff and Planning
Comrnission. The bike path will also be provided. However, the
path decreases in width to 8'. Properties on the north side of
the South Frontage Road are not affected by the deceleration
lane. our opinion is that the basic intent and character of the
approved Special Development District is not changed in any
major way due to the deceleration lane.
t .rr
GLEN LYON OFFICE BUILDING
1OOO SOUTH FRONTAGE ROAD, WEST
VAIL, COLORADO 81657
April6, 1989
Ms. Kristin Pritz
Senior Planner
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
DearKristin:
Glen Lyon Office Building, owners of lnt 54, authorized TDA to preparc a Parking
and Access Study for the proposed Vail Brewery projecl The srudy indicated the demand
for approximately 90 parking spaces during peak periods of operation by the brewery (5:30
p.m. - 9:30 p.m.). The demand is to be satisfied by construction of a 100 space parking
structtue.
Based upon projected traffic volumes, turning activity and the 25 mph speed limit,
TDA detemdned that left tum lanes were not waranted by the State Highway Departnent
Access Code. On the other han4 the volumes were sufficient to consider a right tum
deceleration lane into the parking structure.
The deceleration lane would require moving the South Frontage Road recreational
path at least 12 feet to the south for a length of 150 feet including tapers. This re-alignment
would further reduce the area available for landscaping a CDOH right of way.
Accordingly, both the owner and Town of Vail opposed the deceleration lane.
The CDOH has approved the application for the relocated access to the parking
structure subject to the condition ttrat the deceleration lane be constructed. At this point, it
does not appear to be a negotiable issue.
)
PRITZ, IC
TOWN OFVAIL
PAGE 2
A revised site plan has been prepared by Geodesign and submitted to the Town
which includes the deceleration lane. Because the CDOH is not permitting the planting of
any trees or shrubs wittrin 30 feet of the edge of driving surface, the loss of area for
planting does not appear significant. The parking structure itself had been moved four feet
off the right-of-way and "notches" added to facilitate planting larger material. Also, the
grading plan includes berming earth up the sides of the structure to further hide it.
The owners believe the deceleration lane can be accommodated and that the
landscaping will achieve the desired results. We believe that this change should be
accepted by the Planning and Environmental Commission.
Sincerely,
fu--, ln*,*
General Partner
COLORADO DEPARTMENT OF HIGHWAYS
STATE HIGHWAY ACCESS PERMIT
Sl{No/MP/side: I70F/1i4.10/R
Local Jurisdiclion: Tovrn of Vail
Dist/Section/Patrot: 30219
DOH Permit No.: 389015
Permit Fee: $ 75.00
Date oi Transmittal: 3 - 23 - 89
THE PERMITTEE;
Glen Lyon Offlce Bullding
1000 South Frontage Road West
Vai1, C0 81657
is hereby grinted permission lo construcl and use an access to lhe state highway at the location noted below'
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit'
including the Stat€ Higt'way A.cesr Code and listed attachments. This permit may be revoked by the issuing
authoritiif at any time tire permitted access and its use violale any of the terms and conditions of this permit' The us€
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within Srate iilfri-ot-way-in'conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVtCES, part Vl. The issuind authority, the Department and their duly appointed agents and employees shall be held
harmless against any action f"or personll injury or property damage suslained by reason of the exercise of tho permit'
LOCATION:
on the south slde of state Highway I 70 I'rontage Road, a dlstance of 550
feet east from lllle Post 174.
ACCESS TO PROVIDE SERVICE TO:
Parking for 16,000 sq.ft. microbrewery, 16,500 sq.ft. office space'
and 2r000 sq.ft. private resldence.
OTHER TERMS AND CONDITIONS:
See Attached Sheet.
MUNICIPALITY OR COUNTY APPROVAL
Bequired only when the appropriate local authority retains issuing authority.
Bv (x)Not Reoulred Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced atlachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The oermitted ac6ess shall be completed In accordance with the terms and conditions of the permit prior toiniliation. The permitted be completed In accordance with the terms and conditions of the permit prior to7 Don Hermanbeing used. The permltlee ohall nollfy s1 845'7347 ,wllh lhe Colorado Deparlmenl ol Hlghways ln
at leest 48 hours prlor to comm€nclng conslrucllon wllhln lhe Stale tllghway rlght-of-way.
The person signing as the permittee must be lhe owner or legal representative of ths property served by the permitled
access and have full authority to accept the permit and all il's terms and conditions.
Permltlee (X)Date
This permit is not valid until signed by a duly authorized represenlative of th6 State Department of Highways.
STATE OF COLOFADO, DIVISION OF HIGHWAYS
ROBERT L. CLEVENGER. CHIEF ENGINEER
Bv (x)Date Title
(Date of lssue)
COPY OiSTRIBUTION: Requlred: Mlks coplos as nsc$sary for:
l. Dtetrict (Origlnsl) Local Authorily Inspector
2. Appticant MTCE Pat.ol Tratlic Englneer
3. Slall FOW
Prevlou! Edltions lto Obrolets rnd wlll not bc uled
OOH Form l0l
9/85
' The lollowlng paragrephr aro pertlnent hlghllghtt of lhe Slale l{lghway Acces! Code'There are provlded lor your conv€nlence bul
do not allevlate complance with all recllo-nr Jf rrre acceii Coie] A coiy ol ttre slate Hlghway Acces3 code l! evalleblo trom your
locrl lrluln9 aulhortty (tocal goyemment) or ttre state_ oip=arrn.,Lnr "i nlgtt*".yr (Department;. when lhlr permll wt! lttued' lh€
lrrulng suthorlty mede ru J""J.ron trrei In part on tntoimarlon rubmitled 6y ihe rppllcanl, on lhe,acce!!. crt'gory whlch l!
sislgned ro the htghwry, whaiatternatlve accesr to ottreipruii" io"ai"n-d rtreets ts aiitlable, and !alely tnd dqrlgn rlendarde'
changer In ure oro"slgn noi-apiiiriJ[it}r" p"irit or theisrutng autho]lty mry cause lhe revocallon or suspenslon oI lh€ permlt'
I Appealr
L shoutd the permitte€ or applicanl chose lo obiect to any of the terms. or. conditlons ol lhe permit placed lhereln by the
Department, an appeal muli be f ed with the coro."ao HiLn*"v commlssion within 50 days of lransmittal of lhe permlt for
permittee stgnature. The r€quest tor tne hearing snati oe filed-in writing and submitted lo the colorado Hlghway
commission, 4201 East Arkansas Avenue, Oenuer,-colora do 80222. The req-uest shall include reasons for the appeal and
may inctude ,""or."nd"tion8 by the permittee or applicant that would be acceplable to him.
2. The Department may consider any oblections and requesled revisions at the request of the applicant or permittee' lf
agreement is reached, lhe oepartment, with the appiovai ot ttre local issuing aulhority (if applicable), may revise lhe permit
accordingly, or issu€ a new permit, or require the ltpitcant to suumit a newipptication lor reconsideralion' changes in the
originat a;piicarion, propoieO design oi access use will normally requlre submittal of a new application'
g. Fegardless of any communicalions, meetings, or negoliations with the.Depaftmenl regarding revislons and obiections lo
the permit, if the permitt€e or applicanl wishes to applal ttre Department's decision to lhe Commission, the appeal must be
brought to the Commission within 60 days of transmittal of lho permit'
4. Anyappeal by the applicant or permittee of action by the local lssuing aulhorlty when it is lhe appropriate local authorlty
(und€r subsection i.l), snatL uL fit"a ,itn the localiuthority and belonsistent with the appeal procedures of the local
aulhority.
S. lf the final aclion is not furlher appealed, the Departm€nt or local authority may record lhe decision with the County Clerk
and Flecorder.
ll Con3lrucllon llrndard3 and requlremsnla
1. The access must b€ under conslruction within one year ol th€ permil dale. However' under certain conditiong a one y€ar
time extension may be granted il requested in writing prior to permil expiration.
2. The applicant shall notify the olfice specified on the permit al leasl 48 hours.prior to construction. A copy of the permit shall
be available lor revlew ai the construction site. Inspections will be made during construction'
3'Theacc€ssconstructionwithinhighwayright.o|.waymustbecomp|etedwithin45days.
4. lt ls the responslbiltty of the permi ee to comptete the construction ol lhe access according to the terms and condltions ol
the permit. lf the permiltee wishes to use tne access prior to completion, arrangements must be approved by the issuing
aulhority and Department and included on the permil. The Department or issuing authority may order a hall to any
unaulhorized use of lhe access. Reconstruclion or lmprovements to the access may be required when the permltle€ has
failed to meet requireJ specifications of design or materials. lf any construction elemenl fails withln lwo yeals due to
improper construclion or malerial specilications, the permittee is responsible for all repairs'
O. In lhe event lr becomes nec6ssary to remove any righl-of-way fence, the posts on either side of lhe access shall be securely
braced with an approulalnO post before the f enciis cut to irevent any slacking ol theremaining fence. All posls and wire
removed are Department property and shall be turned over to a representative ot lhe Department.
6. A copy of the permit shall be available for revlew al the construction site. lf necessary, minor changes and additlons shall be
orOeiea by the Department or local authority tield inspector to meet unantlcipated site conditions.
7. Theaccessshall be constructed and maintained in a manner that shatl not cause water to €nler onto the roadway, and shall
nol inlerlers with the drainage system in the right-of-way.
g. Where necessary lo r€move, relocate, or repalr a trallic control device or public or private ulilities for lhe constructlon of a
permified acc€ss, the work shall be accomplished by lhe permiltee withoul cost to the Departmenl or issuing authorily, and
at lh€ direction of lh€ Department or utility company. Rnj Oamage to the state highway or other public right-of-way beyond
that whlch ls allow€d ln the permit shall be repaired immediately.
9. Adequate advanc6 warning is requlred at all times during access conslruction, in conlormance with the Manualon Unilorm
Tralfic Conlrol Devices foiStreeis and Highways. This iay include the use ol signs, llashers, barricades and flaggers. This
is atso requiredby section 42-4-501,C.R.5. as imended. ihe issuing authority, the Department and their duly apPointed
agents and employees shall be held harmless against any action for personal i4iury or properly damage suslalned by
reason ol lhe exercise of the pernrit.
lll Changes ln use and vlolallonr
1. lf there are changes In the use oflhe access, lhe access permit-issuing authorily must be notified of the change. A change ln
prop€rty use which makes ths exisling access design or use in non-conformance with the Access Code or the terms ancl
ionditions of the permil, may require tlie reconstruction or relocation ol the access. Examples of changes in access use are;
an lncrease in vehicular volume by 20 percent, or an increase by 20 percent of a directional characterislic such as a letl turn.
The issuing authority will review ihe original permit; it may decide it is adequate or request that you apply lor a new permll.
2. Atl terms and conditions of the permit ar€ binding upon all assigns, successors-in-interest and heirs'
3. When a permitted driveway is conslrucled or used in violation of the Accoss Code, the local government or Departm€nl may
. oblain a court order to hait the violation. Such access permils may be revoked by the issuing authority.
lv T"lr1jliT$:i"Jn hotder wishes to make improvemenrs to an exisrtns tesat access, t'" ,nrrr m.ake his request by filins a
completed permit appllcation form with lhe issuing authority. The lssuing authorily may take action only on the request for
improvement. D€nial does not r€voke th€ existing access.
The permittee, his h€lrs, successors-in-intersst, and assigns, of the property servlced by lhe access shall be responsible for
nleeiing the terms and conditions of the permit and the removal or clearance ol snow or ice upon the acc€ss €ven ihough
deposiied on the access in the course ol Department snow removal operations. The Department shall malntain ln
unincorporated areas the highway drainage system, including those culverts undef the access which are part of that system
within lhe right-of-way.
The issue date of the permit is the date the Department repr€sentaliv€ signs the permit which ls alter the permltlee has
returned the p€rmlt signed and paid any required fees.
The Department may, when necessary for the improved salety and operation of the roadway, rebuild, modlfy, remove' or
redesign the highway including any auxiliary lane.
Any driveway, whether constructed before, on, or after June 30, ,|979, may be requlred by the Deparlmenl, with wrltten
concurrence|of the approprlate local authority, lo be reconstrucled or relocated to conlorm to the Access Cod€. eilher al
the property owner's ixpense if lhe reconstruction ot relocation is necessitated by a change in the use of the property
wtriin resulis in a change In the type ol driveway operalion; or 8t th€ expense of the Deparlment ll lhe reconstructlon or
relocalion is necessltatdd by ctranges in road or irailic condillons. The necessity lor the relocallon or reconstructlon ehall
be d€termlned by relerence to the standards set lorth In the Access Code.
2.
3.
4.
5.
5
K
7
PERMIT NO. 3B9O].5
taper.
No drainagethe highway.
extended to
standards.Contractor shall fol1owspecifications set for
Local ordinance requires a construction permit from Town of
Vail.
Driveway shall be constructed 30 feet wide with 50 foot
riaii. 'surfacing for driveway approach is required as
iollowsa Lztt of 6lass 5 gravel in 2, 6rr lifts; 6rr of cl'ass 6
sravel in L, 5" lifts.flso grrof HBP in 2, 1.50n lifts of grade E, EX, or
equivalent. The asphalt cenent in the HBP shall be AC l-0'
riiiZcut slopes snail be at a 6: L slope on the roadway and
at 6:L on the access apProach.
llo tanascaping other thin grass shall be planted-within 30
feet of th6 shoulder of the road. Approach shall be
construced per plan dated Oct. 18' 1988.
Hiqhway wid'eninl for the righb turn deceleration lane shall
be L2 -feet wide and 15o feet long, including a 9o foot
frorn this site shall enter onto the surface of
A11 existing drainage structures shalf be
accommodat,e itt new constructiort and safety
the applicable construction
by the- bepartrnent of HighwaYs
latest rnanualonstruction. the property owner is^responsiple-for anyConstructj-on.
in the
and
l_0
Cornpactiofr of sub-grade, embankrnents and backfill shall
comirty with Section Zol.11 of the Division of Highways
SLandard specif ications.
Compaction- of Hot Bituninous Pavement (HBP) shall comply
witir section 4oL.L7 of the division of Highways Standard
speci fications.ft frost is present in the sub-grade, no surfacing material
shall be p1a-ed until a1l frost is gone or removed.
saw or scbre asphalt to assure a straight edge for patching.
The first zo febt beyond the closest highway lane, including
speed change lanes, shall slope down and away from the
hiqhway ai-- a 2? grade to ensure proper draitrage control.
ali excavations on Utility Iines, culverts, other trenches
or tunnels shall meet the requirenents of Colorado
Department of Highvtays, osHA; colorado Industrial Commission
and the Colorado oivision of Mines whichever applies-
The area around the new work shall be well graded to drain,
top soiled, fertilized, mulched and reseeded.woik shall BEGrN AFTER 8330 A.M. and all equipnent shall be
off the roadway BEFoRE 3330 P.M. each day.
nETIi€Tes dlsrupted-by-the-construction of this driveway
all expenses incurred for repair: Any damage to.any.
"ii=tiitg Highway facilities shall be iepaired prior toexlscrng Hlgnway racrl
continuing other work.
11
L2
L3
T4
15
L6
PAGE NO. ].
Ia
KNOW ALL MEN BY THESE PRESENTS:
TI{AT GLEN LYON OFFICE BUILDING, a Colorado partnenhip (hereinafter referred to
as "Grantor"), for TEN DOLI-A,RS ($10.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged, hereby sells and conveys and warrants the title to the
same-, subject to all instniments of record, unto the TOWN OF VAIL, whose legal address is 7!
South Frontage Road, Vail, Colorado, 81657, (hereinafter referred to as "Grantee"), the following
real property situate in the County of Engle, State of Colorado, to-wit"
A pemranent easement, together with the right of ingress and egress,
to construct, reconstruct, operate, repair and maintain a general
utility line easement and related appurtenances, in, on, over, under
and -through that tract of land more Particularly described in
"DCiIBIT A", which exhibit is attached hereto and incorporated
herein by this reference.
Grantor, its heirs, successors, transferees, and assigns, shall not erect nor place any
permanent building, structure, improvement, fence or tre€ on the above-described easement, and
Grantee shall not be liable for their rcmoval if they are so placed.
It is specifically agreed between the parties that the Grantor shall take no action that would
impair the earth cover over or the lateral or subjacent support for any line and appunenances within
the easement, provided, however, that upon obtaining the specific written permission of the
Grantee, the earth cover over any line may be modified, but normally permission will not, be
granted for a modification involving a cover of less than four feet nor greater than ten feet
measured vertically from the top of any line and any modification undertaken by -the Grantorrvould
be upon terrns thai would provide for icimburscment to the gmntee of the cost of any alterations to
any facility made necessary by the change.
Acceptance of this Eascment by Grantee shall constitute its agreement and consent as
follows:
l. At such time and in the event that the easement described herein shall be abandoned,
Grantee's real property interest in the easement shall immediately revert to and be thereafter merged
with the servient estate.
2. The facilities installed in the above-described easement shall be installed,
maintained, and operated so as to permit maximum use and.enjoyment of the surface by Grantor,
its heirs, successois, transferees, and assigns. In the event it is necessary to repair or replace the
facilities, Grantee shall restore the surface of the land as nearly as may be practicable to the same
EASEMENT DEED
CONTINT]ED ON PAGE2
,.t
-Y
I condition it was prior to such repair or replacement, provided no pemnnent building, structure,
improvement, fence or tnee shall be placed thereon by Granor.
SIGNEDANDDELIVEREDItis 73 dryof &,,'0. ,t99O.
T
GRANIOR:
GLEN LYON OFFICE BUILDINC, A COLORADO PARTNERSHIP
By: Nonis Realty C-ompany, A Colorado Corporation
General Partner/).a\ / //@'4^) Ah/--@--By:
President
Wihess my hand and official seal.
My commission e*poes: //AbfO
(s EAL)
^"rtiuj(Auyot
*ffi
, of The TOWN OFfTAIL, Vait, Colorado.
(S E AL)
-/
ACCEPTED BY THE TOWN OF VAIL TIIIS d?ENljf OP
STATE OF COLORADO
COTJNTY OFEAGLE
Witness my hand and official seal.
County ofEagle ) -, ./
The foregoing EASEMENT DEED was aclnowledgeo tefqe me rhis4Z duv ot (h<.'(
,
1990 by ANDREW D. NORRIS, PRESIDENT, NORRIS REALTY COMPAiIY, A General Parmer o/GLEN
LYON OFFICE BUILDING, aColorado Partrenhip.
State of Colorado
Notary Public
7tc 25' tg'wtr8t
s ?9e t5 oz'w
s ?ro ?J tt € .0.
s .?.15 w 59.69
LOT 54
f-- f = itEw urtLrrY €AnEu4ENT
AREA: 2658 SO. FT. or
0.0610 ac.
EXISTING UTILI'Y EASEM€NT
s'-!lcrrgzN,":!>/
LEGXL DESCRIF"ION
thaB parC of Lt 5{. &cnded pLat clcn lyon Subdj,vision, accardlng to thc dagtheleof llcordcd in tha oflicc of thc E gte County, Col,oraao, Cf crl-'LO--nei-36er,dcscri..bcd as follorrs:
Bcginnj'ng at tha nortlreartlrty cosncr o! said tot' 5a, 3a.tit Foint aIBo bcing |tr lnglaFint in th! louth.lly rj,9ht-of-.r!y linc o! tnt.rstarc Highy.y No. 70, ticnca,atong thc norlherl,y linc of slid t t 5,t. N73.32.13.1 28-,g3 leccr ttrcnce, arpartrngs.ld no*h.!ly line, s42'44'13'r{ 59.69 feQt, thcnce s15.15ra?-E 53.00 fG.E, - t}rcnc.S71'25r19'E 40.7? fccr !o lhc sourhcrly linc o! slid Lot 5,a, !h!nce. aloag sa:,d,soutlclly Linc, S79'15tO2.w 40.83 lect, urence, dcparting 3.id lourhcsly lin.,N71'25'19't{ 15.83 fe"t., N:,5'15'.{?'x ?2.11 feer to chG norrhecstcrry line of 3!id r.oc54r ?hence, alonE srid northv.scerry !,in., N,r6'19.45.8 {?.s1 feci to tha t oi,nc o!b.ginning.
a
.2 r l. '
!
tI
o o
VACATION AIID ABATTDON}IEI|r OF E.ASEUENT
This vacation and abandonnent of easenent is made this
fiuu, ot nLal , Leg, bv the Town of Vail, a colorado
municipal corporation (the nIowntr) and GLEN LYoN oFFICE BUILDING'
(the 0Ownertr) .
WHEREAS, a certain easement on the recorded plat of
GTIN LYON subdivision' Dore fully described on
Exhlbit f'An attached hereto and incorporated herein by reference
(the rrEasenentrr), J-s currently encunbering a certain parcel of
real estate (the frPropertyrr) more
fully desqribed as follows:
LOT 54 A}IENDED PLAT GLEN LYON SUBDIVISION
Town of Vail, County of Ea91e, Colorado, and
nHEREAS, the easement allows the Town the use thereof for
construction, rnaintenance, and reconstruction of .ggEg&S--i
and sysgsms, and
WHEREAS, the Easement is not presently used for construction,
naintenance, and reconstruction of actual service3 and systems, and
WHEREAS, neither the Owner nor the Town realize any
beneficial use in allowing the easement to renaini and
Now' THEREFoRE, IN CoNSIDER,ATIoN oF TEN DoLI,ARS, the mutual
covenants and promises contained herein and other good and
valuable consideration the receipt and sufficiency of which is
hereby acknowledged by the parties hereto, the Town and the owner
covenant and agree as follows:
l.TheTor.tn'onbehalfofitselfritssuccessorsand
assigns'bythisinstrunentherebyforeverabandons,
vacates, releases and teminates the easement and herby
conveysalltheright,title,interestinandtothe
easement to ttre owner.
2. The ohrrer hereby accepts and ratifles the vacation,
abandonment,releaserterrninationandgrantofthe
easement.
3. This vacation ehatt be binding upon and inure to the
benefit of the Town and of the owner and their
respective successors and assigns'
:'
I
O
EXECT'TED ON THE DATE AITD YE.AR FIRST ABOVE T{RISIEN.
ATTEST:
Panela A. Brandmeyer, Town Clerk
STATE OF COT.,ORADO )) ss.
COI'NTY OF EAG'.E )
The foregoing instruuent was acknowledged before me this
aqtp day of , EJq by Kent R. Rose, ltayor of
the Town of VaJ.l , colorado and Rondatl v. Phillips, Town
lfanager of ttre Town of Vail , Colorado and was attested to by
Pamela A. Brandmeyerr Town clerk of the Town of VaiI ,
Colorado, a Colorado rnunicipal corporation.
Witness my hand and official seal .
My cornmission expires:
Address
By:
STATE OF COT3RADO )
COUNTY OF EAGI,E
fice Building by Norris Realty Co.
(General Partner)
Owner (signature) President, Norris Realty(General Partner)
-
Ohrner (print nane)
) ss.
)
Co.
The foregoing instrument was acknowledged before ne this
23 day of April , L999, bf Andrer's D- Narris, Prpsident
Norris Real-ty, general partner., Glen Lyon Office Building.
Witness mY hand and official seal .
F VAIL, a municiPal coPoration
ffiffilfr,H
Uy conmission exPires:
{_6<n6rr ,+
Y7777V .
^REA
oF SAsEMENT ro BE vacArEo
?O' UTTLITY EASEMENT
LEGAI. DESCRIPTTON
lll o! the twenty too! r'id€ utitity eaaenent on tp!.54, lrnended plat cj,cn l,yooSubdivision, according to the nrp thcreof recoEded. j,n th€ .tti"" ? iii'. t qf"county, colorado, clerk lnd Re_corde!, rith th. exception .r arr" l-"-r-rrri., l.l"rro.uPgrtl,gn of aaid tt,enly fgot i.ide Gasenenc!
B.ginning at the northeescclly corner gf said tot 5/t, thence, along the castcrlyline of srid lpr 54, sot.42rO6"w zf.OS f".ai- trr.l"", deparring 5!id crsrerly line.s73'32'r3"x lBJ.44 feltr thence Nr6'27r42", io.oo'i".. Bo tbr no*herly tine of 3.idLot 54r thence, rronE said norrherry r,ine, N7l'32.ii-" rgo.oo fcct !o rhc toint ofb€9innin9.
, t-.
\
ANDVACATION ABANDONMENT OF EASEMENT
This vacation and abandonrnent of a utility easement is made this }QHaay of
fl*f^ , lclqD ,by theTown of Vail, a Colorado municipal corporation
(the "Town") and the Glen Lyon Office Building, a Colorado partrenhip (the "Owner").
WHEREAS, a certain eascment on the recorded plat of the Glen Lyon subdivision
(Amended), more fully describ€d on Exhibit '4" anached hereto and incorporated herein by
reference (the "Easement"), is currently encumbering a certain parcel of real estate (the
"Property") more firlly describei as follows:
Lot 54, Amended Plat, Glen Lyon Subdivision
Town of Vail, County of Eagle, Colorado, and
WHEREAS, 0re easement allows the Town the use thereof for the construction,
maintenance, and reconstruction of transmission or distribution or systems to provide
services for the public and
WHEREAS, the Easement is not presently used for such construction,
maintenance, and reconstruction of actual services and systems, and
\ryHEREAS, neither the Owner nor the Town realize any beneficial use in allowing
the easeme nt to remain;
NOW, THEREFORE,IN CONSIDERATION OFTEN DOLLARS, the mutual
covenants and promises conuined herein and ottrer good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged by the panies hereto, the Town
and the Owner covenant and agrcc as follows:
I . The Town, on behalf of itself, its successors and assigns, by this
instrument hereby forever abandons, vacates, releases and terminates the easement and
hereby conveys all the right, title, interest in and o the easement to the Owner.
2, The Owner hereby accepts and ratifres the vacation, abandonment, release,
termination and grant of the easement.
3. This vacation shall be binding upon and inure to the benefit of the Town and
of the Owner and their respective successors and assigns.
E)(ECUTED ON THE DATE AND YEAR FIRST ABOVE WRITTEN.
TOTWN OF VAtr- a municipal corporation
Scole:
,,".
ttu
20'UTIL]TY EASEMENT
*s"
Arco of Eorcmcnl
to b! Relolncd ,
/toPTqu tt'
1r',{,;.'i'i-l
"-r!:,&9./
LEGAIJ DESCRIPTION
All of the tuenty foot ul.dle uttlity easement on Lot 54, Amended Plat GIen Lyon
Subdivision r according to the map thereof recorded in the offLce of the Eagle
county, Colorado, Clerk and Recorderr grlth the exceptlon of the following descrlbed
portion of said tnenty foot wl,de eaaement:
Beglnnlng at the northeaeterly corner of gald l,ot 541 thence, along the easteply
line of eald lpt 54, so1'42r05"t{ 21.05 feety thence, departing eald easterly line'
s?3o32r13"h1 183.44 feetl thence N16o2?r4?"w 2O.OO feet to the northerly lJ.ne of aaLd
Lot 541 thence, along saJ.d northerly llne, N?3o32r13'tE 190.00 feet to the Point of
beglnning.
lt'= loo'
LOT 54
irt'.\
de\
to).5
tnot.
9..
-596- |
-o o
N 7tot25 lt'w
s790t5'oz"w 4
s 7to 25 t9' E 40.
PO.B.
28,83'
S 42o 44'lJ'w 59.69
LOT 54 t:*
E +.^
v
+
lEffil = NEtu UrtLtTY EASEMENTi- AREA: T.u&,3nit] "'
EXISTING UTILITY EASEMENT
--\
- nr&,:s
.rtiF',2
LEGAL .DESCRIPTION
That part of Lot 54, Anended PIat Glen Lyon subdivision' according to the nap
thereof recorded in the office of the sagrJ county r colorado, crerk and Recorder,
described as foflowe:
Beginning at the northnesterly corner of said Ist 5{r said point also being an angle
polnt in the "outrr"iiy- tfgtti-"r-*"y lJ.ne of, Interstate ltightday No' ?o' thencer
along the northerly fine oi said Ioi 54, N?3o32tl3"tf 28^.8,3 feetl thencel departing
eaid northerly line, s42o{4r13"tf 59.69 ieetl thence s15o15r4?.'E 53'oo feetl thence
s?1o25t19.'E 40.?? feet to the southerly llne of ealdl l,ot 54, thence, along eald
southerly liner s?9o15ro2.tf 4O.83 feei, thencer departing eald southerly .llne'
N?1,25r19r,W 15.S3 feetr N15o15r4?ol.! 72.L1 feet to the northr4esterly line of 8al'l f'ot
54t thence, atong saib nortlrwesterly line, N46o19r45'E 4?'51 feet to t5e point of
beginning.
Scole, l"=
-596-
l
't
EASEHENT DEED
K\OI{ ALL MEN BY THESE PRESENTS:
rAAT CLEN LYOX OFFICE BUILDING, a Colorado partnership (hereinafter referredBo as "Granlor'r), for TEN DOLLARS ($lO.O0) and other good and valuable considerarion,Ehe receiPc of which is hereby acknowledged, hereby seIls and conveys and warrancsthe title to the saoe' subJecc co all instruuents of record, unro the UppER EAGLEVALLEY CoNSoL:DATED SANITATTON DISTRICT, and vArL VALLEY coNsoLIDArED wArER DIsTRrcTrquasi-nunlcipal corporatlons of the SlaE.e of Colorado, whose legal address ts g46Forest Road, Vail, .Colorado, 81657, (hereinafger referiea to as ,Granteer), thefollowing real property situace rn the councy of Eagle, state of cororado, tonit:
A perraanent easenent, togerher sirh the rlghc of lngress andegress, to consEruct, reconstruct, operate, repair anduaintaLn a geoeral utlllty llne easeEenc and relatedappurtenances, LIt, on, over, under and through thac tract ofland aore parcicularly described i.n 'EXiIBI? Ar', whichexhibit r's actached hereco and lncorporated herein by thrsreference.
Grantor, I'rs heirs r successors, transferees, and assigns, shall no! erectnor place any pertranenE building, sEructurer improvenenE, fence or tree on theabove-described easeaenc, and Grantee shal1 noc be liable for rhelr renoval lf theyale so placed.
It ls specifically agreed belween the parcies that the Grantor shall take noacciou thac wourd lopair lhe earth cover over or lhe lateral or subjacent suppor! forany llne and appurtenances within lhe easenenc, provided, ho-wever, thar uponobtaining the specific wrirten pernission of the crantee, the earth "orr". o.r", "r,ylJ'ne uay be oodified' _bu! norually peroission sill not be granced for a uodificaglonlnvolvlng a cover o€ less than iour feeE nor greaE.er chan ten feeE neasuredvertically fron Ehe EoP of any line and any nodiEicacion undertaken by the Grancorwould be upon EerEs thar ltould provide for reiaburseuenc to Ehe granEee of the costof any alterallons Eo any facilicy oade necessary by the change.
Acceptance of this Easeuenc by Grancee shal1 constttuce ics agreenenc andconsenE as foll ows:
1: At such lime and ln the evenE tha! the easenenE descrlbed herein shallbe abandoned, Grantee-s real property lnteresc ln the easeoent shall inoediatelyreverE Eo and be thereafter nerged !'ith the servienc escate.
2. The facilicies installed 1n the above-descrlbed easernent shaLl beinstalled, naintained, and operaced so as co perroit naxinuu use and en1oytrenc or tl.gurface by Grantor, ics helrs, successors, transferees, and assigns. fn itre event l!ls necessary to repair or replace che faci.llties, Granlee shaLi restore the surfaceof the land as nearly as rlay be practicable to lhe sane condicion lE was prlor to
CONTINUED ON PAGE 2
provided no perr:lanen!
thereon by Grantor.
ding, structure,inprovenent,
this?5th day of MIY , 1989.
GRANTOR:
S,:*oull?I"ofiEl?Lr'ffi Hi j A SSIBSB8 EJltiill,'. -; ;'
G€neral Partterr 4 1./L f / /By: (/ ,4/
Pres ide nr
) ss.
)
o
buil
The foregoing EASEI1ENT DEED was acknowledged before Ee Ehis /! d,ay of,MY = Lles: !I A!qqR$^I D. t{ORRfS. PRESIDFI$T liillRRIS REALTY CCI4P-ANY ,
A Gsreral Parraer of GLEN LY0;I OFFICE BUILDIT'IG, a Colorado palcnershio.
Wlcness rny hand and official seal.
such repai.r or replacenent,
fence or tree shall be placed
SIGNED AND DELIVERED
sTAtE OF CoLoMDO)
COUiffY OF EAGLE
!{y comnission expires:
(SEAL)
ACCEPTED BY THE UPPER EACTE VALLEY CO}ISOLIDATED SAIIITATIO}I DISTRICT
VALLEY CONSoLTDATED I{.{TER DISTRICT TIUS Z6+DAY OF
I
UPPER EAGLE VALLEY CONSOLIDATED
VAIL VALLEY COI{SOLIDATED I.'ATER
AND THE VAIL
, 1999.
SANITATION DISTRICT
DISTRICT
By:
solidated
Uater Discricc
- T\e foreaoing. was acknor.rledged before roe thisty L\:t 0f rcl '^n b (-er-srcZ-
STATE OF CoLoRADO )) ss.
COUNTY OF EAGLE )
Vail VaLley
of UPPER, EACLE VALLEY COXSOLXDtrTED SANITATION DISTRICT
WATER DISTRICT.
tlitness roy hand and official seal.
2 \3lq z
ka\,t .l il\i6*t-
Upper Eagle Val ley Cot
Spni tacion Disrri
(s E.{ L)
lty comnission expires:
llotary Public
too
Score- l": tOO'
?tc 2J t9"W
r5.tr'
3 ttrJ oy'w
3tt 23tf E
3 a2.t!-w !9.6d
LOT 54
f-;---i l = tIEw uTtLtTY EAsEMEitT
AREA. 2658 SQ. FT. or
0.0610 ac.
€IISNNG UTILITY EASEiIE{T
."$"f;3,:'- --
LEGIL DESCI,I?TION
that part o! tac 5,1. hend€d Plat Glan Lyon Subdivi3ion. accolding to th. rapUrelcof rccorded in the oflica ol the ltlglc county. Cotorado. Clcrh aad RGcorder,
drscrilcd a3 foll,our:
Bcginnillg at tha northealtally cortrcr of 3aid lrc 5a, 'rid ipint rl,so being rn lnglG
Doint in tlr. souclrcrly right-of-eay tinc of Intllsc.ta Bighsay tlo. ?Ot thlnca,
along thc northerly tinc ol said tat 5{, N?3'32r1!"t{ 28.83 fcet, thGnce, dlprrting
raid norlh.lly litt.. S42'4a.t!'t 59.69 fa.t, thenc! S15'15.{7'E 53.00 !ect1 g6q1qq
S71'25r19'E 40.77 fcct to thG aoircherly llnc ot raid Lt' 5ar th!nc.. along said
southerly Iina, S79'15r02'td {O,83 leec, thcncc, dcp.rting !.id louthaEly lina.
N?1'25r19'w 15.93 leatr Nl5'15'{?'l{ 72.11 feec !o th. noEthvcrtally liBa of B.id l€c
54r cicnce, along raid northu€ct€aly l1nc, r|rt6'19'tt5'E 47.51 feet to tha point of
beginning.
VACATION OF EASEI{ENT
Kllott ALL UEr\| BY THESE PRESENTS:
TITAT rhe UPPER EACLE VALTEY CoNSoLIDATED SANITAT1oN DISTRICT, a
quasi-nunicipal corporaEion of the SEate of Colorado, forned on January I, 1985 by
the consolidation of VAIL I|ATER AND SANITATION DISTRICT A,\D UPPER EACLE VALLEY
SANITATIOII DISTRICT, whose legal address ls 846 Forest Road, Val1, Colorado 81657,
hereby vacaEes and abandons to the present onnels of Lot 54, Arnended Plac, Glen Lyon
Subdivlsion, Town of Vail, County of Eag1e, Colorado, a general utilicy easeoenc
described as follolrs, to-,!rit:
The 20- wide general utility easenent on Lot 54, Anended Plat
Glen Lyon Subdlvislon, according Eo the raap thereof recorded
1n the cffice o€ ghe Eagle County, Colorado, Clerk and
Recorder, described in Atrachnent A, aEtached hereto and
lncor-ooraced herein by this reference.
foregoing instruntent I'as
, 1999, by Wi1llan
Valley Consolidated Sanitation
WITIIESS ny hand and offlcial
UPPER EAGLE VALLEY CONSOLIDATED SA}IITATION DISTRICT
Ililliara B. Geo
r/)
acknowledged bef ore ne Ehis 2e€a"y
B. George, as lhe General }tanager of the Upper
Distri.ct.
sea1.
By:
Ily cornnission expires:
srcNED AND DEL!\TERED rhis :-Gtr", "f opy;O , lege.
\
STATE 0F COLoP.ADO )) ss
coulnY 0F EAGLE )
or
Eagle
General Manage r
Notary Public
..!+-t-{ir-
.-.'!.:
- ....t1
' -- .. .: -.:: :.:
20. UTTLITY EASEMENT
'"{
-'l'rc"
ta ol Eora ant\
to !a Fatoi6.d /
-,w>
LEGAL DESCEIPTION
tll of Che irenty foot uide util,ily €aeen.ttt on l€C 54, AD.ndrd, plat clcn LyonSubdivisiql, lccordiog !o -ure Eap thereof recoedJ io tfra olficc of the Eagl,eCounty, Colorado, Clerk and Rrcotde!, ,ich thc Gr.c.E t:,on ot ura ,olloFiaE d€rc8j,b€dDortj.on of raid tncacy foot, l,idc cara!€nC:
Eaginning rt thG northcae!-lrLy- corner of said tae 54, thcnc!. along thc arstal]II'ine of 3.id tot 5,t, SOl'42.O6-1f- 21.OS Jeet, afr.-i'.-",' a.p"raing raict casterly .l$c.s73'32'13'w t8J.4a feecr tltlnce N:,6.2?.42"w io.o6-'6."'. to rhc norrh.r.t y ll.n! of .rj.d,I.oE.s4t tience, aloog s.id northarly ffne. urf.fZiiilE 19O.OO !.Gr to th. point otb€9innin9.
JUN ?'89 lA:33 FRLI^JESTERN GAS DENUER
I'ACATION AND ABANDON}IEM OF IEITT
, ltay ., 1o89 r by-natfa--g* g"""t y *re.-" ,
-.'i
.'..r
J
-,
APPROT'EO
FORgccrmol
KS&O
EruEBE
o
EASEIT
This vacadon and abandonmcnt of a utiliry GasdrEol is rnade rhis , -rrt\- day of
(thc "Eascment urer") and rhc Glen Lyon office Buitding, a corondo purlenhip (rhc
"Owncr").
WHEREAS, a c$lain cascutcnr on the rccordcd plar of rtrc Glen Llon subdivision
(Amcndcd), morc fully dcscribcd on Exhibit nA" rnachcd hercro ud incorponrcd herein by
rcfctcncc (rhe "Eascmcnf), is cuncntly cncuorbaing r ccruin parcct of rcal csratc (rhc
"Frolrcrty') more fully describcd as follsws;
Lot 54, Amcndcd Plat, Glcn Lyon Subdivision
Ton'n of Vail, Coungt of Eagle, Colorado, and
WHEREAS, rbe easement rlrowr lhc Eastutcm uscr thi usc rheccof fu the
consncdon, nainrcnancc, and nconrtrucCon of tnnsoission or disuibution or syspms ro
prwide scrviccs by tlrc uriliry end
WHEREAS' orc Eescmcnt is oot prcsently uscd for such consuuction,
maintenance, rndrcconsuucdon of acaral serviccs ard systems, rnd
WHEREAS, neithcr thc Ovner na thc Eesencnt User;calizc uly bcneficial use ful
Eliowing rhs cascoenr to rearin;
No% TI{EREFORE, IN ooNsIDERATIoN oF TEN DOHARS, rbe murual
covcnants and promiscs connined hcrein and other good and valuable consideration the
rcccipr urd suffrcieney of which is hcreby rcknowlcdged by rtre parries herero, rhc
Easemenr Uscr urd thc Owner covcunt rnd egrce as follows:
I . Tbe Easemcm Uscr. olr bcbalf of irself. its succcssors ud assigns, by this
instnrncnt hcrcby forcrrcrebendons, vacates, relersar ud rcroinaas tlre eascrrcnt and
hcrcby conreys ar rlre rigtt" ritlc, interen in and n 0rc cesemcnt to ttrc o*,ner.
2. The Ovncr hereby acccpts and rarifies thc vacation, abandonmcnt, telea5c,
rcrminatiorr and grant of tlre carerncnt.
3. This vacation shall be binding upon and inure to drc bcncfit of rhc Eascmcnt
Uscr and of ttre Owncr end thair respcctiva succcssors and assigns
E)(ECI,'TED ON TIIE DATE AT.ID IEAR FIRST ABO\8, WRITTEN.
tfEqFEtl! G^. SUPPtY CO$E'NSY .!
PAGE.AAz
(CompuryNalne)
Sccretary
FRUI,I K'Eb IhKN GFS DENUER PAGE.AASo
STATEOFCOTORADO )
) ss.
COT'NTTOFEAGLE )
Tle foregoing insuunpnt nas acknowtedgcd bcfse me this __ day of
-
b.v
s Coltrado
corDoranon.
Wiocss rny harrd ard olbcial scal.
My commission orpircs:
%No,aryfuUF
Adcircss
STA]EOFOOT.ORADO )
)
OOIJNTYOFEAGLE
Tbe forcgoing insrumem was aclcrrowledged bcfon me tris _ day of19_, by
Prssidenr of Nonis Rcalry co., e c.olorado coqporadon, a geaeral panncr of GIen Lyon
Office Building, a Colorado pamrenhip.
Witness by hand and official seal.
My corarnission arpircs :
Addrcss
1
ntl I _.r-;-., ,.3r
JrJN 2 'BS l1z34
f?7-' 'AREA oF GASE&|ENT TO EE VACATE9
rnf uresreRN GRs DENUER o
oq
PAGE . A@4
ao'urruTy EASEMENT
r tt'n
rc"'
ArCo ol Eorrrntntl
lo b. Rcfoinrd /
r*ellc,&
-.- s$tilt?p
LEAL DESCF,TSTION
Au of thc trrentv .t_Ta^:t* utility orsemcnt on tpt 5{, - ancnded plat cr.n &yon,subdivision.
""coidr.rrg- to -thc r"p tt.::gf ,"*raJ-ii-gr. olfice of *re Eagreff:ll* "?Tffi.;;i?l Jl. _H:i:1;i: il.* ;..:;, # "f tt " r"_rr.'i.g Lloru"u
aeginning at the noathcastGrJy oosn.a €rf raid lct 54r thenqe, alonE the eutcrlyllne of eaid Ipt sa, ssxo42;-o;,":Ji'.-oi r.ecrl trrcrrcc,'i.i"arns said easteily lincrs?3'J2'13"rv 183.44 feers thcnca ure;jiilz,w t9_.i[;;;'t;T" northcrry linc of gaidffrffi"#"ncc' alQns eaia noithiti'rl., uzilsa'lil"-ls;.oo f,crr ro tlre poinr or
LOT 54
rrY
,rr\ lt+:;\ \dtp -\ \,"o).
*'
-596- :
VACATION AND ABANDONMENT OF EASEMENT
This vacation and abandonment of a utility easement is made this / day of
/?1nv lq'fi ,
(the "Easement User") and thc Clen Lyon Office Building, a Colorado partnership (the
'10wner").
WHEREAS, a ccrtain eascment on ttre recorded plat of the Glen Lyon suMivision
(Amended), more fully dessribed on Exhibit "A" attached hereto and incorporated herein by
reference (the "Easement"), is currcntly encumbering a cerAin parcel pf real estate (the
"Property") more fully described as follows:
Int 54, Amended Plat, Gten Lyon Subdivision
Town of Vail, County of Eagle, Colorado, and
WHEREAS, the easement allows the Easement user the use thereof for the
construction, maintenance, and reconstruction of transmission ordisribution or systems to
provide services by the utility and
WHEREAS, the Easement is not presently used for such consEuction,
maintenance, and reconstruction of actual services and systems, and
WHEREAS, neither tbe Owner nor the Easement User rcalize any beneficial use in
allowing the easernent to remain;
NOW, TIIEREFORE,IN CONSIDERATION OFTEN DOLI.ARS, thE MUTUAI
covenants and promises contained herein and other good and valuable consideration thc
receipt and sufficiency ofwhich is hereby acknowledged by the parties hereto, the
EasementUser and the Owner covenant and agree as follows:
l. The Easement User, on behalf of itself, its successors and assigns, by this
instrument hereby forever abandons, vacates, releases and terminates the easement and
hereby oonveys all the right, title, intercst in and to the easement to the Owner.
2. The Owner hereby accepts and ratifies the vacation, abandonment, release,
termination and grant of the easement.
3. This vacation shall be binding upon and inure to the benefit of the Easement
User and of lhe Owner and their rcspective successon and assigns.
E)(ECUTED ON TTIE DATE AND YEAR FIRST ABOVE WRITTEN.
T<U4 llH/^/l
STATEOFCOIORADO )
)
CoLTNTYOFEAGLE )
ss.
The foregoing instrument was acknowledged before me this t .+ day of
MAy , RQ by srrvr .t, utAfi AS CHrrr rpcHNrcrAlpf
FOR HERITAGE CABLEVISION
a Colorado
corporation.
Witness my hand and official seal.
My commission expires: l2l2o/9l
953 S. Frontage Rd. tl. No. 100
Address
Vail, C0 81657
STATEOFCOI,ORADO )
)
COUNTYOFEAGLE
The foregoing instrument was acknowledged before me this day of
19-, by
President of Nonis Realty Co., a Colorado corporation, a general partner of Glen Lyon
Office Building, a Colorado partnership.
Witness by hand and official seal.
My commission expires;
Notarv Public
Address
VACATION AND ADANDONMENT OF BASBIVIBNT
.tt
This vacation and abandonmenf of a utility easement is ntade rlris fft -day of
M*"/ . /qgq,orr4r- *'z y'' .' lrl<tuest
(the "Easement User") and the Glen Lyon Ofhce Building, a Colorado partnership (tlre
"Owner").
WIIEREAS, a certain easement on the recorded plat of the Glen Lyon subdivision
(Amended), more fully described on Exhibit "A" attached hereto and incorporated hereirr by
reference (the "Easement"), is cunently encumbering a certain parcel of real estate (the
"Property") more fully described as follows:
I,lrtS4,Amended Plat, Glen Lyon SuMivision
Town of Vail, County of Eagle, Colorado, and
WI{EREAS, the easement allows the Easetllent User the use thereof for the
conslruction, maintelrance, and reconstruction of transnrission or distribution or systetlls to
provide services by the utility and
WIIEREAS, the Easement is not presently used for suclt construction,
maintenance, and reconstruction of actual services and systenrs, and
$;1IEREAS, neither the Owner nor the Easernent User realize any beneficinl use in
allowing tlre easement to reurain;
NOW, TFIEREFORE, IN CONSIDERATION OF TEN DOLLARS, the nrutual
covenants and promises contained herein and other good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged by the parties hereto, tlte
Easenrent User and the Owner covenant and agree as follows:
1. The Easenrent User, on behalf of itself, its successors aud assigns, by this
instrunrent hereby forever abandons, vacates, releases and terminates the easetrrent and
hereby conveys all the right, title, interest in and to the easement to tlte Owner.
2. The Owner hereby accepts and ratifies thc vacation, abandonntent, release,
tennination and grant of the easernent.
3. Tlfs vacation shall be binding upon and inurc to tlre benefit of the Easerneltt
User and of the Owner and tlreir respective successors and assigns.
EXECUTED ON TTIE DA1E AND YEAR FIRST ABOVE WRIITEN.
'(<ru r,,(rr ^
(Company Narne)
Authorized Signature)
Cb*,,,ntr'{'
20'UTILITY EASEMENT
d o'"'
hrco of Eo rornlnl)
to b! ]l?lolnrd ,
LEGAL DESCRIPTION
11ll of the trenty foot w:[de uttltby eagemenE orr Lot 54, tlmended Plat Glen Lyon
Subdlvislon, accordl.ng to tlre map thereof recorded ln the offlce of the EagIe
county, Colorado, Clerk and llecorderr wlbh the except.l"olr of the followlng deecrlbed
portLon of gald twenty foot wlde eaaementt
Beglnnlng ab the northeasterly corner of gald l,ot 54t thencer along tlre. eaaterly
llne of eald lpt 54, s01o42ro6xt{ 21.05 feebl thencel departlrrg eald eaeteily llne,
S?3'32113"1{ 183.44 feetl ttrence N16o27r.0?"9{ 2o.OO feet bo the nottherly llne of ea.ld
Lot 54r thencel along aald northerly llner N?3c32r13"E l9o.oo feeb to the polnt of
beglnnlng.
Scolc: l"= loo'
LOT 54
W
'".,r;,
-596-
VACATION AND ADANDONI\IENT OF EASEI\IBN'T
This vacation and abandonment of a utility easemant is ntade 1t1i5 I 7 th dny sf
May
(the "Easemeut User") and the Glen Lyon Office Buitding, a Colorado partnership (the
"Owner").
WIIEREAS, a certain easement on the recorded plat of the Glen Lyon subdivision
(Amended), more fully described on Exhibit "A" attached hereto and incorporated herein by
reference (thc "Easentenf'), is currently encumbering a certain parcel of real estate (tlrc
"Property") more fully described as follows:
t,ot 54, Amended Plat, Glen Lyon Subdivision
Town of Vail, County of Eagle, Colorado, and
WI{EREAS, the easement allows the Easement User the use thereof for the
construction, maintenance, and reconstruction of transmission or disfibution or systetlls to
provide services by the utility and
WIIEREAS, the Easement is not presently used for such cortsruction,
nrarintenance, and reconstruction of actual services and syslelns, alld
WHEREAS, neither the Owner nor the Easement User renlize any beneficial use irl
' allowirrg the easement to rcmain;
NOW, TIIEREFORE, IN CONS IDEMTION OF TEN DOLI-ARS, the mutua I
covenants and promises contained herein and other good and valuable consideration the
reccipt and sufficiency of which is hereby acknowledged by the parties hereto, lhe
Ensernent User and the Owner covenant and agree as follows:
1. l'he Easemcnt User, on behalf of itself, its successors and assigns, by tlris
instrunent hereby forever abandons, vacates, releases and temlinates the easement and
hereby conveys all the right, title, interest in and to lhe easement to the Owner.
Z. The Owner hereby accepts and ratifies the vacation, abandonment, rcleltse,
termination and grant of the easement.
1. Tlds vacation shall be binding upon and inure to the benefit ofthe Easenlent
User and of the Owner and their respective successors and assigrrs.
EXECUTED ON TIIE DATE AND YEAR FTRST ABOVE WRITTEN.
-, --99-, by ttOlr CROSS ELECTRIW
HOLY CROSS ELECTRIC ASSOCIATION' INC.
STATEOFCOIORADO )
)
COUNTYOFEAffiIE )
GARFIELD
corporation.
Witness my hand and official seal'
My commission expires:
ss.
The forcgoing instrument was acknowledged before me this lTth
May , 1989 !y Dsvld Sage' Presldent
a Colorado
day of
of
P. O. Drawer 2150, Glenwog( 9pr:!ngs' Co 81602
STATEOFCOIORADO
COUNTY OFEAGLE
)
)
)
The foregoing instrument was acknowledged before me this day of
:, 19_, b
President of Norris Realty Co., a Colorado corporatiotl' a general partner of Glen Lyon
Office Building, a Colorado partnership.
Witness by hand and official seal'
My commission expires:-
Notary Public
Holv Cross ElectrLc Assoclatlon, Inc.
Address
Address
oo
Scole:
f
20' UIILITY EASEMENT
lo of Eorrnrn{
lo bc Rcloinrd /
t W77): AREA oF EASEMENT ro BE vacArED
- 1r'.|*tl'i
"-r^ti",-)r.p
JP"A
2
LEGAL DESCRIFTION
AII of the twenty foot wide utility eaaement on Lot 54, Amended PlaL Glen Lyon
SubdivLsion, according to the map thereof recorded in the office of the Eagle
County, Colorado, Clerk and Recordere with the exceptlon of the following deEcribed
portion of eaid twenty foot wide eaaement:
Beginning at the northeasterly corner of eaid lot 541 thencer along the easterly
line of said lct 54. 8O1o42.O6"t{ 21.05 feetl thence, departing eaid easteily line,
s?3o32r13"tf 193.44 feetl thence N16o2?r47't{ 2O.O0 feet to the northerly line of said
Lot 541 thencel along said northerly line, N73o32r13"E 190.OO feet to the point of
beg innlng.
LOT 54
ru
-596-
o o
scolet l"=
N TtotZg' tp" w
s 79015'O2"tV 4
s 7P 25 l9'E 40.7
s 420 tJ'w
t4.
t:'r.
"tX
?
AREA: t3.1?'3oit] "'
EXTSTING UTILITY EASEMENT
--\
I,EGAI., DASCRIPTION
That part of Iot 54, Anended PIat Glen tyon subdlvision, according to the nap
thereot recorded in the offlce of the Eagle County, Colorador Clerk and Recordcr'
described ae follows:
Beginning at the northwesterly eorner of aaid Lot 54, eaidl point also being an. angle
point in the aoutherly rtgtri-of-way line of Interatate Highway No. ?Ol thencer
ilong the northerly line of sald L,ot 54' N?3o32r13"W 28.83 feetl thencer departlnE
said northerly Iiner S42o44r13"tf 59.69 feetl thence S15o15r4?'tE 53'OO feet, thence
S71"25t19'E 40.7? feet to the aoutherly line of eaid Lot 541 thencer along said
southerly lLner S79ol5rO2"W nO.Af feeit thencer departing said souLherly.line'
N71o25r19"W 15.83 feetl N15"15r4?"t{ ?2.11 feet to the northwesterly line of Eald Lot
34t thencel along said northwesterly llnel N46o19t45r'E 47.51 feet to the point of
beginnlng.
+${td--\;
-596-
BOLI
o
CR
o
,I NC.OSS ELECTRIC ASSOCIATION
RIGHT-OF-WAY EASEI'{ENT
KNOI{ ALL MEN BY IHESE PRESENTS' that the undersigned,
GLEN LYON OFFICE BUII,DING' A COIORADO PARTNERSIIIP
(herelnafter called 'Grantort), for a good-and
valuable consideration, the receipt whereof is
hereby acknowledged, does hereby grant.unto HOLY CRO$S
ELECTRIC ASsocIAiIoN, INC. ' a cooperative corporation
wtog" post office address is P.o.-Dravter 2150, Glenwood springsr _Cotoraio (hereinafter called rGrantee") and to its succesaors and
asslgns, the right of ingresg and egress across -l-ands of Grantor,
situite- in the .ounty of Eagler State of Colorado, deecribed aE
follows:
Those portions of Lot 54, Amencled GIen Lyon subdivlsionr
i-coraing to the plat reiorded in book 230 at page- 899 in the
office oi ttte eagie County Cterk and Recorder' Eagle, Colorado.
And, to constrUCt, rec6ngtrUct, enlarge, oPerate, malntain and remgye
in electrlc transmiesion Or distribution line or system, within the
above mentioned landsr UPon an easement described ae followE:
An easement, the location tor which is ehown on Bxhibit 'A"
attached hereLo and nade a part hereof by reference'
the rights herein granted specifically allow Grantee to install
iaaiti5n"I poles; 5otr, goys with anch6rs, overhead conductors and/or
related facititiis within-the easement described by the attached-
exhibit. Additional down guys with anchors may also be ingta[ed
outside the easement.
And, in addition, Grantor hereby grants to Grantee, and_to its
auccessors and """ign", the rig-ht !o clear all trees and brush, by
rnachine work or "it5rtn|"", witflin said easement' and'the further right
to cut trees, even ttrough'outEide of said eaaement, which are tall
enough to strike the wires in falling
crantor agrees that all poles, wire and other facillbies inEtallgd by
Grantee on the above desclibed landsr shall remain the Property of
Grantee, and shall be removable at the option of Grantee.
Glantor covenants that it is the ovtner of the above deEcribed lands and
it ii ttr. said lands are free and clear of encumbrances and lieng of
whatsoever characLer, except those helct by the following:
TO ttAVE AND TO HOLD, said right-of-way and easement, together with aII
ind Jingular, the righLs and privileges apperEaining theretor unto
Grantee, its guccessors and aesigns, forever
IN I{ITNESS I{HEREOF, Qgantor has
executed on thie 3f-tlaY of
-
aused these Presenta to be duIY
, 1989.
GLEN LYON OFFICE BUII,DING'
STATE OF
COUNTY OF
The foregoing ngtrumen
,by
o s
PAR ON OFFICE BUII,DI
I{ITNESS rny hand and off icial eeal.
!,ty comnission expires :
//,s".?o
(Job*89-12148: 51-59 rVail Ale Brewery
l' :*RBIR? r'ffi E' ""o'r^*,
By:Tir
ackn ledged bef e me this
Address:
)
) ss.
)
t was
19 89 , A !.IANAGING
COLORADO PARTNERSHIP.
3l Relocation -89 )
o
EXHIBIT.A'
!!:",
NEW UTILITY EASEUENT,E
ed 19 ee .oe
P.O.B.
s t60 27'4 a1.er'
NEW UTIUTY EASET|ENT A
EXISTING UTI
EASETENT
LOT
$
54
h
EXISTI T{G UTI LITY EASE}IENT
1r9!aL..$gtn'l\ieP
\
-\
Those portlons of Lot 54, Amended Glen Lyon subdlvislon'
accordlig to the map thereof recorded ln the offlce of the Eagle
County, lolorado, Clerk and Recorder; deacrlbed as folloYts:
Easement A
geglnnlng at the noithwesterly corner of sald Lot 54r eald-point
alSo bel-ng an angle pol-nt on the southerly rlght-of-qay llne of
Interstatd nfgf,rii-r,r'". 70i thence along -the northerly -llne 9{sald r,ot 54, -N 7io32'13" b 502.57 feeti thence, dePSflll?-:.?rg
northerly Iine, S lGo27r4?,' E 4.00 feeti thence S 73"32'I3" ll
27O.gS t!et; thenc" i iA.il'{t" E 7.00 fieti thence S ?3o32r13"
W 74.IG fee!; tfrence-S-iOaZZr{7rr E 7.50 feeL; thence S ?3o32rl3rl
11 33.00 feeti th;;; lr ie'zzr47" l{ 7.50 feeti thence s 73o32113"
.lf 145.85 feet to the westerly llne of eald Lot 54i thence. aJonq
iaia westerly llne, N {6ol9-.{5n E 24.05 feet to the polnt of
beglnnlng, together with:
Easement B
Commenctng at sald northwesterly corner of Lot 54i thence alolS
said westlrly llne of Lot SA, S 46o19'45" l{ 58.79 feet to the
polnt of bigtnnlngi thence 'depart-lng^
-s31d - w^esterlY . llne, .tii6Zlr4Z', E 2-8.4f f-eet; thenee S- S8olO135" tf 119.81 feet to sald
westerly llne of Lot 54; thence along sald westerly llne N
Scolctl"t IOO'
45oI9'45'r E 130.21 feet to the polnt of beglnnlng'
-59€-
VACATION AND ABANDONMENT OF EASEMENT
This vacation and abandonment of a utility easement is made this / 3 7 day of
/nAY , /ggg_,ay
(the "Easement User") and the Clen Lyon Office Building, a Colorado partnership (the
"Owner").
WHEREAS, a certain easement on the recorrded plat of the Clen Lyon subdivision
(Amended), more fully described on Exhibit "A" attached hercto and incorporated herein by
reference (the "Easement"), is currently encurpbering a certain parcel ofreal estate (the
"Property") more fully described as follows:
Lot 54, Amended Plat, Glen Lyon SuMivision
Town of Vail, County of Eagle, Colorado, and
WHEREAS, the easement allows the Easement User the use thereof for the
construction, maintenance, and reconstnrction of transmission or disribution or systems to
provide services by the utility and
WHEREAS, the Easement is not prcsently used for such construction'
maintenance, and reconstruction of actual services and systems, and
WHEREAS, neither the Owner nor the Easement User realize any beneficial use in
allowing the easement to remain;
NOW, THEREFORE, IN CONSIDERATION OFTEN DOLLARS, the mutual
covenants and promises contained herein and other good and valuable consideration the
receipt and sufficiency of which is hereby acknowledged by the panies hereto, the
Easement User and the Owner covenant and agrce as follows:
1 . The Easement User, on behalf of itself, its successors and assigns, by this
instrument hereby forever abandons, vacales, releases and terminates the easement and
hercby conveys all the right, title, interest in and to the easement to the Owner.
2. The Owner hereby accepts and ratifies the vacation, abandonment, release,
termination and grant of the easement.
3. This vacation shall be binding upon and inurc to the benefit of the Easement
User and of the Owner and their respective successors and assigns.
EXECUTED ON THE DATE AND YEAR FIP.ST ABOVE WRITTEN.
The !4ountain States Telephone ard Telegraph Co.
(Company Name)
,4".a #"|
(Authorized Signature)
lt
STAlsOFCOLORADO
n6eCOUNTTOFECF
)
)
)
ss.
2tg
The foregoing instrument was acknowledged before netnis /Sf day of
, nng ay d €elF /aacil or
a Colorado
corporanon.
Witness my hand and oflicial seal.
My commission expires:
STATEOFOOI,ORADO )
)
COI.JNTYOFEAGLE
The forcgoing instrument was acknowledged before me this day of
' , 19_, by
President of Norris Realty Co., a Colorado corporation, a general partner of Glen Lyon
OfIice Building, a Colorado partnership.
Witness by hand and official seal.
My commission expires:
Notary Public
Address
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