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Home My WebLink AboutPACKET Public Works 2009-07-231 Vt, I. AGENDA TOWN OF ESTES PARK PUBLIC WORKS COMMITTEE 8:00 a.m. July 23,2009 Preparation date: July 21, 2009 1) PUBLIC COMMENT 2) ENGINEERING a) RECOMMENDATIONS TO TOWN BOARD i) Baja Broadband: Dedication of Utilities Easements - presented by Scott Zurn ii) Prospect Avenue Property Owners (var.) : Dedication of Easements to the Town of Estes Park - presented by Scott Zurn & Cornerstone Engineering iii) Fall River Estates, Lot 17, Block 4: Drainage Easement - presented by Scott Zurn b) REPORTS i) Fall River Trail 4B Status Report - presented by Scott Zurn ii) Bond Park Master Plan Process Report - presented by Scott Zurn Note: The Public Works Committee reserves the right to consider other items not available at the time the agenda was prepared. Cynthia Deats From: EP Administration [ir3045@estes.org] Sent: Tuesday, July 21, 2009 9:14 AM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 1735 ST. TIME 07/21 09:09 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 5771590 EP News ERROR ----- 1 AGENDA TOWN OF ESTES PARK PUBLIC WORKS COMMITTEE 8:00 a.m. July 23,2009 Preparation date: July 21, 2009 1) PUBLIC COMMENT 2) ENGINEERING a) RECOMMENDATIONS TO TOWN BOARD i) Baja Broadband: Dedication of Utilities Easements - presented by Scott Zurn ii) Prospect Avenue Property Owners (var.) : Dedication of Easements to the Town of Estes Park - presented by Scott Zurn & Cornerstone Engineering iii) Fall River Estates, Lot 17, Block 4: Drainage Easement - presented by Scott Zurn b) REPORTS i) Fall River Trail 4B Status Report - presented by Scott Zurn ii) Bond Park Master Plan Process Report - presented by Scott Zurn iii) Prospect Avenue Reconstruction Update- presented by Scott Zurn Note: The Public Works Committee reserves the right to consider other items not available at the time the agenda was prepared. Cynthia Deats From: EP Administration [ir3045@estes.org] Sent: Monday, July 20, 2009 12:34 PM To: Cynthia Deats Subject: Job Done Notice(Send) ***************************** *** Job Done Notice(Send) *** ***************************** JOB NO. 1731 ST. TIME 07/20 12:29 PGS. 1 SEND DOCUMENT NAME TX/RX INCOMPLETE ----- TRANSACTION OK 5869561 KEPL 5869532 Trail Gazette 5861691 Channel 8 6353677 Reporter Herald 5771590 EP News ERROR ----- 1 TOWN or ESTES PARIÂ© Town of Estes Park Public Works Engineering Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 970-577-3582, szurn@estes.org Memo TO: Public Works Committee From: Scott Zum Date: July 23,2009 Re: Baja Broadband - Dedication of Utilities Easements Background: In 2001, Charter Communications (now Baja Broadband) received permits and installed underground fiber optic utility lines along the east side of East Riverside Drive (across Lot 12, Block 4, including the west edge of the Dairy Queen Parking Lot) and Park Lane (crossing into the west side of Bond Park). Easements for these lines were required, however never applied for or granted at the time. These easements are now requested (see attached Exhibit A, Exhibit B, and Grant of Easement). Budget n/a Recommendation: Staff recommends the Town of Estes Park grant Baja Broadband easements for their fiber optic lines as shown in Exhibits A and B. EXHIBIT A UTILITY EASEMENT ACROSS LOT 12, BLOCK 4 OF THE SECOND AMENDED PLAT TO THE TOWN OF ESTES PARK SUBDIVISION, TOWN OF ESTES PARK, COLORADO . EL~~VE.-4 0 6531' \ /9 BASIS OF BEARINGS - ~ SUBJECT 15' 30'00"E 219.42') - 119.48; O- EASEMENT 0 Kll: 30'000 u 1/2" ALUMINUM CAP #9485 1" BRASS CAP #6499 BLOCK 5 60' 61 RIGHT 9 & OF WAY -* 11- LgI.-19 S L- 1 EASEMENT LINE TABLE - 12 UNE LENGTH BEARING Ll 77.25 N7230'00"E I-2 162.55 S1 7'32'40"E L3 14.45 S49'52'29"E LEGEND 00.00 MEASURED DIMENSIONS (00.00) PLATTED DIMENSIONS N BAJA FIBER OPTIC UNE SCALE 1" = 30' O 2,00.SNell,MENTATION 12 '0909. flf.G,24x su O 7 e O..GIA ~ < 269740? ~ /4Â«Milbe.94=./A R \* .% 6 'LON~ SHELDON/ kiMM~ S. 'to" ~ CO/E UL12Â§574 1 AÂ»' WIDE ACCESS AND UnUTY EASEMENT 7.5' ON EACH SIDE OF THE CENTERUNE OF AN EXISnNG FIBER OPTIC UnLITY UNE, ON ~VER AND ACROSS LOT 12, BLOCK 4 SECOND AMENDED PLAT TO THE TOWN OF ESTES PARK SUBDIVISION, LOCATED IN THE NE k OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M.. COUNTY OF LARIMER, STATE OF COLORADO; MORE PARTICULARLY DESCRIBED AS FOLLOWS; CONSIDERING A PORTION OF THE NORTHERLY UNE OF BLOCK 5 TO BEAR N 72'30'00" E ALONG A UNE 219.44' IN LENGTH MORE OR LESS, BEING MONUMENTED ON THE WEST END BY A 1" BRASS CAP STAMPED LS 6499 AND ON THE EAST END BY AN 1 36" ALUMINUM CAP STAMPED LS 9485 @IE CORNER OF BLOCK 5) WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE ALUMINUM CAP AT SAID NE CORNER OF BLOCK 5 THENCE N 72'30'00" E A DISTANCE OF 77.25' ALONG THE PROJECTED NORTHERN BLOCK UNE TO THE CENTERUNE AND TRUE POINT OF BEGINNING OF SAID EASEMENT; THENCE DEPARTING SAID NORTHERN BOUNDARY AND ALONG THE EXISTING FIBER OPTIC UTILITY UNE THE FOLLOWING 2 COURSES: S 17'32'40" E A DISTANCE OF 162.55'. THENCE S49'52'29"E A DISTANCE OF 14.45' MORE OR LESS TO THE END OF SAID EASEMENT AND THE EAST UNE OF THE SAID LOT 12. SAID EASEMENT CONTAINS 2,655 S.F. MORE OR LESS, SIDE LINES OF SAID EASEMENT ARE TO BE EXTENDED OF ORTENED SO AS TO BEGIN AT THE NORTHERLY BOUNDARY AND TO TERMINATE AT THE EASTERN BOUNDARY OF SAID PARCEL, A SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD, LARIMER COUNTY, COLORADO. DRAWN DATE VAN HORN ENGINEERING SCALE PROJ. NO. 1043 Fish Creek Road - Estes Park, CO 80517 TWB 5-22-09 Phone: (970) 586-9388 - Fax: (970) 586-8101 1" = 30' 2008-08-10 EAST RIVERSIDE DRIVE 1 . EXHIBIT B UTILITY EASEMENT ACROSS BOND PARK OF THE SECOND AMENDED PLAT TO THE TOWN OF ESTES PARK SUBDIVISION, TOWN OF ESTES PARK, COLORADO SOUTHWEST CORNER~t~=m~'K~ NQIE: BLOCK 1, 1 5" â€¢ BOND PARK BOUNDARY WAS DRAWN HERE ALUMINUM CAP FROM A SCANNED OVERLAY OF THE STAMPED #26974 SECOND AMENDED PLAT OF THE TOWN OF ESTES PARK SUBDMSION. THE PARK IS SUBJECT 15' BOUNDED BY A SCALED 60' ROW ON ALL EASEMENT SIDES BETWEEN BLOCKS 1, 2, 4, 5 AND EASEMENT LINE TABLE 11 (THE WESTERN UNE IS DEUNIATED IN UNE LENGTH BEARING THE PLAT). Ll 93.55 N32*36'24"E 1.2 92.29 N19'45'09~W U 66.50 N56~15'17"W BOND PARK BO D ARK LEGENIL oaoÂ° MEASURED DIMENSIONS (00.00) PLATTED DIMENSIONS \11 Â» -â€¢- â€¢- BAJA FIBER OPTIC UNE \1 4 0 FOUND MONUMENTAD \11 00 ES- . *%15;XY 34 00000 0 0 SCALE *5 " = 40' 60' RIGHT O OF WAY 0 GHT OF WAY - f. 02,3 \ Al::,129"Don':Sof 653 1 REGISM -, r i :--- CAInE. 26974 ~ %%44--20' 91 TJ.b >k V-0--91:tz .e/5 01-9~~:~~ 0 Â©7 4 4 /LS#E A/ SFIE61)60**: AND YFÂ¢*- 1/2" N72*30 00 E < ~ PE 8-48'-#269-i**SESS>'- ALUMINUM \ NIT CAP #948 1' BRASS CAP #6499 8LQÂ¢Li 'llr. -* A 15' WIDE ACCESS AND UTIUTY EASEMENT 7.5' ON EACH SIDE OF THE CENTERUNE OF AN EXISTING FIBER OPIC UnUTY UNE, ON OVER AND ACROSS BOND PARK AS DESCRIBED ON THE SECOND AMENDED PLAT OF THE TOWN OF ESTES PARK SUBDIVISION, LOCATED IN THE NE 35 OF SECTION 25, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO; MORE PARTICULARLY DESCRIBED AS FOLLOWS; CONSIDERING A PORnON OF THE NORTHERLY UNE OF BLOCK 5 TO BEAR N 72'30'00" E ALONG A UNE 219.44' IN LENGTH MORE OR LESS, BEING MONUMENTED ON THE WEST END BY A 1" BRASS CAP STAMPED LS 6499 AND ON THE EAST END BY AN 1 5" ALUMINUM CAP STAMPED LS 9485 (NE CORNER OF BLOCK 5) WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE ALUMINUM CAP AT SAID NE CORNER OF BLOCK 5, THENCE N32'36'24" E A DISTANCE OF 93.55' TO THE SOUTHERN PROPERTY UNE OF SAID BOND PARK TO THE CENTERUNE AND TRUE POINT OF BEGINNING OF SAID EASEMENT; THENCE DEPARTING SAID SOUTHERN BOUNDARY AND ALONG THE EXISTING FIBER OPTIC UnLITY UNE THE FOLLOWING 2 COURSES: N 19'45'09" W A DISTANCE OF 92.29% THENCE N 5615'17" W A DISTANCE OF 66.50' MORE OR LESS TO THE END OF SAID EASEMENT AND THE NORTHWEST UNE OF THE SAID BOND PARK. SAID EASEMENT CONTAINS 2,382 S.F. MORE OR LESS, SIDE LINES OF SAr -ASEMENT ARE TO BE EXTENDED OR SHORTENED SO AS TO BEGIN AT THE SOUTHERLY BOUNDARY AND TO TERMINATE AT THE N( ESTERN BOUNDARY OF SAID PARCEL, AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD, LARIMER COUNTY, co. â€žDO. DRAWN DATE VAN HORN ENGINEERING SCALE PROJ. NO. 1043 Fish Creek Road - Estes Park, CO 80517 TWB 5-22-09 Phone: (9701 586-9388 - Fax: (970) 586-8101 1" = 40' 2008-08-10 GRANT OF EASEMENT This Grant of Easement (this "Agreement") is made as of this day of June, 2009 by and between The Town of Estes Park, having an address of P 0 Box 1200, Estes Park, CO 80517 (hereinafter referred to as "Grantor"), and Baja Broadband Operating Company, LLC (hereinafter referred to as "Grantee") with its corporate offices located at 1061 521 Corporate Center Dr., Ft Mill, SC 29707. For good and valuable consideration, the prior receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants unto said Grantee, its successors and assigns, a permanent underground utility easement, together with perpetual rights to enter over and upon the easement areas hereinafter described (by vehicular or pedestrian access), at any time that Grantee may see fit, to operate, maintain and replace Grantee's fiber optic utility line, with all fixtures and devices used or useful in the operation of said fiber optic utility line, through and along a course as said fiber optic utility line has been constructed, located in the Town of Estes Park, County of Larimer, State of Colorado, as described in the following: A 15' access and utility easement 7.5' on each side of the centerline of an existing fiber optic utility line, on over and across lot 12, block 4 second amended plat to the Town of Estes Park Subdivision, located in the NE % of Section 25, Township 5 North, Range 73 West of the 6th P.M., County of Larimer, State of Colorado; More particularly described on Exhibit A Utility Easement. A 15' access and utility easement 7.5' on each side of the centerline of an existing fiber optic utility line, on over and across Bond Park as described on the second amended plat to the Town of Estes Park Subdivision, located in the NE 1% of Section 25, Township 5 North, Range 73 West of the 6th P.M., County of Larimer, State of Colorado; More particularly described on Exhibit B Utility Easement. Indemnification. Grantee shall indemnify and hold Grantor harmless from and against any loss, liability, damage, or injury, including attorney's fees, caused by, or on behalf of, or through the fault of Grantee or in any way resulting from Grantee's presence upon and/or use of the easement areas. Restoration. Upon completion of the construction and installation of any lines, fixtures or devices within said easement or any repair or maintenance work by Grantee within the easement, Grantee shall restore the property to essentially the same condition as existed prior to such work at Grantee's sole cost and expense including, but not limited to, paving and landscaping. Grantor's Use of Easement. Grantor reserves the right to use and enjoy the properties so long as such use and enjoyment does not unreasonably interfere with the rights herein granted to 1, the Grantee. Except for all structures including sheds, park benches, paving, and landscaping currently existing on the easement premises at the date of execution of this grant of easement, Grantor specifically agrees not to build, create, or construct any new obstructions or structures over or within said easement without the written consent of the Grantee. Relocation. Grantee agrees at its sole cost and expense to relocate its fiber optic utility lines, fixtures and devices located within the easement to a new location upon the written request of Grantor. Grantor shall grant another easement similar to the easement granted herein within a reasonable proximity of this easement for said relocation. Notices. Any notice given under the provisions of this Agreement shall be good if deposited in a United States Postal Service addressed to Grantor or Grantee at the addresses stated above. Affect of Easement. This Agreement is superior and paramount to the rights of the parties hereto in the respective servient estates so created; subject to the provisions of this Agreement. Binding Effect. This Agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. Amendment. Grantor and Grantee may modify, amend, waive or terminate this Agreement, in whole or in part, at any time and from time to time, by a further written instrument executed by both of them or their respective successors and assigns. Complete Agreement. This Agreement consists of all the agreements, understandings, and promises between the,parties with respect to the subject matter of this Agreement, and there are no agreements, understandings or promises between the parties other than those set forth in this Agreement. The parties hereto have executed this Agreement as of the date first above written. OWNER: Baja Broadband Operating Company, LLC Town of Estes Park By: By: /,71 /1 A R LOW 1 \-1/ Bill Pinkham, Mayor David'Johnson, Ge 101anager I. State of Colorado ) )SS County of Larimer ) The foregoing instrument was acknowledged before me this day of 2009, by Bill Pinkham, Mayor of the Town of Estes Park. Witness my hand and official seal. My Commission expires: Notary Public state of(>lor ajA) ) )SS County of 2670Â£WO ) t-Â£ The foregoing instrument was acknowledged before me this 43 - day of L,0,~-(-0~- 1 , 2009, by David Johnson, General Manager of Baja Broadband Operating Company, LLC, Ata Delaware Limited Liability Company. Witness my hand and official seal. My Commission expires: 3 1 14-1,1 ad -1 Â· DIVE',4,- L--7 - 'L--Pr- Notary Public :*OTARY: i a~% PU B LI G..4Â¥ *2*6.86.".* 417*:g"E"&'"i2es1~ 1#1,11,1,1,4,44, '. R Town of Estes Park TOWN OF ESTES PARL Public Works Engineering Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 970-577-3582, szurn@estes.org Memo To: Public Works Committee From: Scott Zum, PE, Public Works Director Date: July 23,2009 Re: Prospect Avenue Reconstruction Update/Acceptance of Easement Dedications from Property Owners (var.) Background: The Public Works Dept. has been working with Cornerstone Engineering to develop reconstruction plans for Prospect Ave, portions of Fir Dr. and Moccasin Circle Dr. AKA Moccasin bypass. This important downtown bypass and collector level road has deteriorated to the point that reconstruction is necessary. Over the years poor drainage facilities and lack of maintenance has resulted in a need for complete reconstruction. Associated with this reconstruction is a reconfiguration of portions of the roadway to meet current roadway safety standards. In addition pedestrian walkways will be added on one side. This will provide designated pedestrian areas off the street for patrons of the hospital and school children navigating their way to the school bus stop. Several easements - permanent and temporary - are required to accomplish the proposed construction. These are some of the easements required; additional easements will be presented for consideration as they are finalized: 1. Temporary Easement, Undergrounding of Overhead Utility Services - dedicated to the Town of Estes Park by Comanco Limited Partnership, LLC for location 350 Stanley Ave. 2. Temporary Easement, Undergrounding of Overhead Utility Services - dedicated to the Town of Estes Park by the Park Hospital District for location 440 Moccasin Circle Drive. 3. Temporary Construction Easement - dedicated by James E. & Ann E. Neering to the Town of Estes Park for location 403 Columbine Avenue. 4. Temporary Construction Easement - dedicated by Mary E. & Lee C. Jones to the Town of Estes Park for location 403 Birch Avenue. 5. Temporary Easement, Undergrounding of Overhead Utility Services - dedicated by John G. & Catherine M. Clark to the Town of Estes Park for location 753 Prospect Avenue. 6. Temporary Construction Easement - dedicated by Douglas Deats to the Town of Estes Park for location 415 Elm Avenue. 7. Temporary Easement, Undergrounding of Overhead Utility Services - dedicated by Berry E. & Marty J. Warren to the Town of Estes Park for location 755 Prospect Avenue. 8. Temporary Construction Easement - dedicated by Virginia S. Taulane to the Town of Estes Park for location750 Prospect Avenue. 9. Permanent Access, Utility & Drainage Easement - dedicated by Virginia S. Taulane to the Town of Estes Park for location at Country Club Manor Addition: Lot lA, Block 4; and, Amended Plats of Lots 1,2 & 3 of Block 4. Attached are exhibits of these easements. Budget: nha Recommendation: Staff recommends the Town of Estes Park accept the dedication of the permanent and temporary easements by various Estes Park property owners as presented. â€¢ Page 2 Comanco, LP, LLC June 30,2009 Page 1 of2 GRANT OF TEMPORARY EASEMENT FOR UNDERGROUNDONG OF OVERHEAD UTILITY SERVICES PARCEL # 25302-24-003 THIS EASEMENT is made this C day of ~417-, 2009 by and between COMANCO LIMITED PARTNERSHIP, LLC as owners of 350 Stanley Avenue, Estes Park. Colorado (hereinafter referred to as "Grantor"), successors and assigns, and Town of Estes Park, Colorado, a municipal corporation (hereinafter referred to as "Town"). The Grantor hereby grants unto said Town, its successors and assigns, a temporary easement for the undergrounding of overhead utility services, the right to enter upon the said property hereinafter described, following notification of the Grantor to discuss schedule and alignment, to relocate existing overhead utilities, including electric, telephone, and cable, below ground, with all fixtures and devices, used or useful in the operation of said utilities, as said utilities may be located on the described property, located in the Town of Estes Park, County of Larimer, State of Colorado, to wit: A temporary easement for undergrounding of overhead utility services in the Southwest !4 of the Northwest 1% of Section 30, Township 5 North, Range 72 West of the 6* P.M. on property described as Lot 2. Murphy Subdivision of Amended Plat of Portion of Lot 20 Little Prospect Mountain to the Town of Estes Park, located at 350 Stanley Avenue. Estes Park. Colorado. Together, with the right to enter upon said property, survey, and construct underground utility services including but not limited to trenching, installation cf conduit, placement of wire, connection of new service lines, remove existing overhead utilities and to remove objects interfering therewith. The underground utilities shall be located in a direct route from the proposed transformers to the existing meter box but will routed to avoid trees and significant shrubs. This easement will be null and void upon completed installation of the underground utility services. On abandonment of the temporary easements the services will become property of the said grantor, relieving the Town of any financial obligation of the private utilities. The work on the said underground utility services shall be done with care, and all damage to any improvements on said property caused thereby shall be restored to preconstruction conditions at the expense of the Town. Comanco, LP, LLC June 30,2009 Page 2 of2 WITNESS my hand and official seal this ~ day of J 'i~ 2009, at -76*. E 13RY4wr PARTNER (Signature) 44,4.2 (Seal) The foregoing instrument was subscribed and sworn befom~ this â€¢~day 0,0~66'g , 2009, 60 Â·* Ui#k by My Commission Expires: Notary Public Park Hospital District Estes Park Medical Center July 1, 2009 Page 1 of 2 GRANT OF TEMPORARY EASEMENT FOR UNDERGROUNDING OF OVERHEAD UTILITY SERVICES PARCEL # 35254-09-907 THIS EASEMENT is made this629 day of *bLE., 2009 by and between Park Hospital District as owners of 440 Moccasin Circle Drive. Estes Park, Colorado Clereinafter referred to as "Grantof'), successors and assigns, and Town of Estes Park, Colorado, a municipal corporation (hereinafter referred to as "Town"). The Grantor hereby grants unto said Town, its successors and assigns, a temporary easement for the undergrounding of overhead utility services, the right to enter upon the said property hereinafter described, following notification of the Grantor to discuss schedule and alignment, to relocate existing overhead utilities, including electric, telephone, and cable, below ground, with all fixtures and devices, used or useful in the operation of said utilities, as said utilities may be located on the described property, located in the Town of Estes Park, County of Larimer, State of Colorado, to wit: A temporary easement for undergrounding of overhead utility services in the Northeast !4 of the Southeast 1/1 of Section 25, Township 5 North, Range 73 West of the 614 P,M. on property described as Lot 7. Cumorrah Subdivision, Larimer County. located at 440 Moccasin Circle Drive Estes Park. Colorado. Together, with the right to enter upon said property, survey, and construct underground utility services including but not limited to trenching, installation of conduit, placement of wire, connection of new service lines, remove existing overhead utilities and to remove objects interfering therewith. The underground utilities shall be located in a direct route from the proposed transformers to the existing meter box but will be routed to avoid trees and significant shrubs. This easement will be null and void upon completed installation of the underground utilily services. On abandonment of the temporary easements the services will become property of the said grantor, relieving the Town of any financial obligation of the private utilities. The work on the said underground utility services shall be done with care, and all damage to any improvements on said property caused thereby shall be restored to preconstruction conditions at the expense ofthe Town. Park Hospital District Estes Park Medical Center July 1, 2009 Page 2 of 2 WITNESS my hand and official seal this~~day of x~OLOI 2009, at Park Hospital District 10 V 1 V.J fiLANic. 51.trk-, (Signature) (Seal) The foregoing instrument was subscribed and sworn before me this Â£2_ day of ZIG~f '2009, by>VaÂ«+ My Commission Expires: 7 117/40/0- Notary Public Â·Temporary Construction Easement James E/ Ann E Neering 403 Columbine Avenue Parcel No. 25303-09-007 Page 1 of 3 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT I James E. Neering & Ann E Neering (OWNERS). does hereby grant a Temporary Construction Easement to the Town ofEstes Park and its employees, consultants and contractors permission to enter the property described below and grants the exclusive rights to perform construction activities necessary for the reconstruction of Prospect Avenue and adjoining side streets, and to allow reconstruction ofthe existing timber planted within the owners property and that the parties agree as follows: The temporary construction easement is described as follows: located at 403 Columbine Avenue, on a Portion of Lot 7, Block 3, CountIy Club Manor Addition to the Town of Estes Park, in the Northwest 1/4 ofthe Southwest 1/4 of Section 30, Township 5 Norlh, Range 72 West oflhe 6~ P.M., the County ofLarimer, State of Colorado and being more particularly described as follows: Considering the North line of Block 3 of said Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°11'00'13 and all bearings being relative thereto: Commencing at the northeast corner of said Lot 7, said point being the TRUE POINT OF BEGINNING; Thence along the northerly property line, North 89Â°11'00" West a distance of 10.00 feet; Thence leaving said northerly properly line, South 00Â°49'00" West a distance of 2.00 feet; Thence parallel to and 2-feet from the northerly property line, South 89Â°11'00" Easta distance of 8.01 feet; Thence parallel to and 2-feet from the easterly property line, South 00Â°27'00" West a distance of28.01 feet; Thence South 89Â°33'00" East a distance of 2.00 feet to apoint on the easterly property line; Thence along said easterly property line, North 00Â°27'00" East a distance of 30.00 feet more or less to the TRUE POINT OF BEGINNING The above described parcel contains 76 square feet, more or less. (See attached Exhibit 'A') The Owner also grants to the Town, its successors, assigns, agents, contractors, and employees the right to erect and use construction equipment wilhin the easement during construction. IT IS UNDERSTOOD that the Easement rights herein granted shall terminate upon 2 years from the date hereof or upon completion ofthe above-mentioned construction project, whichever is sooner. IT IS ALSO UNDERSTOOD that the easement herein granted does not convey any right or interest in the above described property, except as stated herein, nor prevent owner from the use of said property; provided, however that such use does not interfere with the rights herein granted. 1 Temporary Construction Easement James E/ Ann E Neering 403 Columbine Avenue Parcel No. 25303-09-007 Page 2 of 3 In addition, the Town, its successors, assigns, agents, contractors, and employees agree to the following condition of enhy: 1. DAMAGE TO PROPERTY: Shall exercise care to avoid damaging the property in any manner not consistent with the purpose for which this agreement is issued. Care will be taken to protect the existing Aspen located'at the north end of the planter including additional area within the right of way as long as the planter does not interfere with the proposed curb and turning radius. 2. COOPERATION WITH OWNER: Shall at all times cooperate with owner(s) and comply with reasonable requests not inconsistent with the purpose for which this agreement is issued. 3. CLEANUP: Shall spread material uniformly over the construction site, seed and fertilize. Shall clean all the ground occupied of all rubbish, excess matenal, temporary structures and equipment. ACCEPTANCE: All parts ofthe site shall be left in acceptable condition WITNESS my hand and official seal this ~ 1 day of 7 vz l ~ 2009, Estes Park, Colorado. 641 1/ % 3 160.443 (SEAL) n - (SEAL) A1xÂ£ A ...Ij Janlek E. Neering STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this / 3 NU-day of 1,-Q 1 , 2009, by JAn..1 ES E. ~ 6'252. , A-1 7 My Commission Expires: /41110 CINDY A.C. GUNTHER NOTARY PUBLIC 3 J, 49_ *:>\0Â«- NZiliv Publicd STATE OF COLORADO 2 Â·Temporary Construction Easement James E/ Ann E Neering 403 Columbine Avenue Parcel No. 25303-09-007 Page 3 of 3 WITNESS my hand and official seal this l ~ day of u/Â£16~ 2009, Estes Park, Colorado. 1 \ 11-Ja y. ryl A-,L,vÂ»- 4 (SEAL) 0/1 - CJ i-+ 79 f-07*46 of (SEAL) Ann E Neering STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this ~ 3 +L-day of cllk \ 3 , 2009, by A 10 23 E. Al EE @-~ O 47 My Commission Expires: 12,2(\ 90 ~ CINDY A.C. GUNTHER O\ u k 40 Lu,Â»L~_ NOTARY PUBLIC STATE OF COLORADOi Natmy Public\ - -*t WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 3 00.Or . 0 P, 2 i! 1 ,00'09 11 1 E-J,- *1 ? 1 -~- I.4-3.00,LE.DON : q l-==0 g.1 0 1 - z ....Ilill 9 -E <riz# M E 5 b < CO / 0 O- 63 -U-<2,1 I 1.- 1 9 Â« 40 roal /& E a Â»59 MP 5 * 8 3 5:-'-I- 5 0/1 D Le J W Q-=0, 0 10 m 00 4 22 8 -36 O 0 24 J 2 11,1 9@W J Z LU Lt- ID!2 >> O7i= < < Of 1.- 2 0 0 wO3 t !# M z tw 1 4 302 emoor I WS Imo- ~:ZO6h k Or g OB,-000 O 02 MBE zof- - 1 -Z *m -OK <HZ L.L..I o -2..3033; -Am H M 1 MOB<[ 9 mz I 53nv266 - 1.Loc t 90=%(reok 03 9 m zo.of-'AC @5 0% U) 0 0 ES~Ma BOO LL| E- 01-0Â£01- O Ocr)<04 _10<WJmO =00.09 3.00:LE.OON b u. JE = 8 96* C E o - ..3 Cr Â£%@iE Z 9 ,.7 A th k ~ M z O , 4* NJZW 1 z..: * Iii 01= r do Wez Jt.Lw~ LU~ btzwgw 15&13 62=8*B 25Â° uzz U) O 01 LUWJI-- .wdnb 2 on. w .91.1-QZK 05 *-f WmN=- 2 zon'fld '-' 0425 wÂ°mILD-LL~~ 06 0~oc z ~Mzoog &%58*ofo EW e Wgz 05 1- 28=F;DIE= 00~0 W S OLOMZ %!meou.% Mb <SBE~EW 1,Â·IKWILOD- U}W>-1.1-Of*LL 11-0 1-1- Lt-m~ mw#'0!004 4% EERob. mw!:zo<z- 93 . w!=2 Zft/)*O 9253%ZF_<=15<z Bihz< c*Z~*m *mGOBWEETUB @pgu2* m'-,_Ob!339111 Z U. 1- ./ % 65 1 2/ 4-Ou,KOJOCU,dw Eae!3-z rizw>-rtâ€¢Â«CLI.â€¢55.-DGE>jw8 U<O*MFWÂ»04 1.- v o ~>0= 6 524&)Â§{1 d w 11 t=18 8<[22. A 1- Â£OWOW WWOL,JOCILLUOLUBOE -0- OIOIZO LU OHOT 1- 5 ~385wdr gjmpz,LS.z.kif~~~.~tj~Pww~ji <Sd83&!2 8.-:Â·*225@2592ERS~Ell:!EgEME 28 01 S89'33'00"E SOO'27'00"W TEMPORAR MANOR ADDITIO 112.50' S89'11'00"E- - 60/LO/LO.ELL hlir:Ae NBIA13993 80 3&10K 1333 Â° MF~ NOI1On 1SNOO 0 AbliN 0 OUNTRY HlnOS LEGAL DESCRIPTION PORARY CON T UCTI Temporary Construction Easement Mary E/ Lee C Jones 403 Birch Avenue Parcel No. 25303-08-007 Page 1 of 3 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT I Man, E. Jones and Lee C. Jones (OWNERS), does hereby grant a Temporary Construction Easement to the Town of Estes Park and its employees, consultants and contractors permission to enter the property described below and grants the exclusive rights to perform construction activities necessary for the reconstruction of Prospect Avenue and adjoining side streets and that the parties agree as follows: The temporary construction easement is described as follows: located at 403 Birch Avenue, on a Portion of Lot 7, Block 4, Country Club Manor Addition to the Town of Estes Park, in the Northwest 1/4 of the Southwest 1/4 of Section 30, Township 5 North, Range 72 West of the 6th P.M., the County of Larimer, State of Colorado and being more particularly described as follows: Considering the North line of Block 4 of said Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°11'00"E and all bearings being relative thereto: Commencing at the northeast corner of said Lot 7, said point being the TRUE POINT OF BEGINNING; Thence along the northerly property line, North 89Â°11'00" West a distance of 10.00 feet; Thence leaving said northerly property line, South 21Â°58'55" East a distance of 26.21 feet to a point on the easterly property line of said Lot 7; Thence along said easterly property line, North 00Â°27'00" East a distance of 24.16 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains 121 square feet, more or less. (See attached Exhibit 'A') The Owner also grants to the Town, its successors, assigns, agents, contractors, and employees the right to erect and use construction equipment within the easement during construction. IT IS UNDERSTOOD that the Easement rights herein granted shall terminate upon 2 years from the date hereof or upon completion of the above-mentioned construction project, whichever is sooner. IT IS ALSO UNDERSTOOD that the easement herein granted does not convey any right or interest in the above described property, except as stated herein, nor prevent owner from the use of said property; provided, however that such use does not interfere with the rights herein granted. In addition, the Town, its successors, assigns, agents, contractors, and employees agree to the following condition of entry: 1 Temporary' Construction Easement Mary E/ Lee C Jones 403 Birch Avenue Parcel No. 25303-08-007 Page 2 of 3 1. DAMAGE TO PROPERTY: Shall exercise care to avoid damaging the property in any manner not consistent with the purpose for which this agreement is issued. 2. COOPERATION WITH OWNER: Shall at all times cooperate with owner(s) and comply with reasonable requests not inconsistent with the purpose for which this agreement is issued. 3. CLEANUP: Clean all the ground occupied of all rubbish, excess material, temporary structures and equipment and restore to preconstruction condition.. ACCEPTANCE: All parts ofthe site shall be left in acceptable condition . \ 1-W 1 WITNESS my hand and official seal this ~ O day of -~ -k.AL.h~ 2009, Estes Park, Colorado. (SEAL) . 1 )/L Ul- E . gnig (SEAL) Mary E. Jondl STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this ~ 04~2ay of ~UL_Y , 2009, by b-\ Re) CE-- 0*nÂ·OEX My Commission Expires: , '-A\O 'Yao \. 1 *(~~~h _h r-/4 W \--1 - 4-41 Notary Public 2 Temporary Construction Easement Mary E Lee C Jones 403 Birch Avenue Parcel No. 25303-08-007 Page 3 of 3 WITNESS my hand and official seal this ~ (3~-iy of <~\L.9 2009, Estes Park, Colorado. (SEAL) h â‚¬ APÂ·rul (SEAL) Yee C. Jones C / STATE OF COLORADO ) )SS COUNTY OF LARIMER ) 4-K The foregoing instrument was subscribed and sworn before me this ) 0 day of , 2009, by L-Q--1 <. 68 Â©p J My Commission Expires: \ra-\\O\9-Â© n Notary Public J WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 3 - 9 L.*2 -~ N N m 1 ,00-09 - i / 3â€ž00,LE.OON ---, Z --- 9 - 11<f t O- =.-4 ~LU L 4 In N i ind Â»ZI- - *Ow b, 0555 00 A 22@ r--J 3 0 =An , 36 1- Z 8@E 0 0 0 g~W 0 525# L & p LLmN OLLOW OZI 0:z 00< w93 u a W z 1- 1-LI 0>Â»0 5 382 0 ZO# -O - D < ~- Z LL 0 o r 348 E -5,1104- 10 - g u z I 10 N A 00as X WFEOLOOD ~ 00 Ul M 90 O .i <7 V-HZ Oh 80Â©@~AG O afl- COJ' m giofEE 10 04 03 I 1-1- 9 t= '< E K] W =tt=: R 05 2 01-ro\ 0 0 - O 0(ACLUN a z G _-10<W-J~- &805 ,0009 , U 3,.00,LE.OON O LL M Z rl tgrl â‚¬>m 4 * 6 i am g SE 1- 8%R adz La< *W~ biw_ TAzw- z Ow ZZ .1~AJLU-ru(fi 215% 3-2202Â»2*32 *M~828 Et*tog-967w0 ~0,0, U ~11 3 OCIE NCAO-- W 887 9 4 0 el-CE O W 0 40 Wm33$5< , 2.0- -bcvbktâ„¢zÂ¥ LUtZ -AO DiE>-Lia: 6- U.Z ..0 -Id 1 ~Uwowbozl- s>noe ~WL.ILd*wiM wELU 225825 32&22*Eaw= O Ock'--ZO 050*0#0 Wz Do Gtfiw 550 @go ~2Â» WAw OR a~.g 5#- CL <5wbe WEOG*Ao-('~ .m@L~15Whi.W ZErs<2 9~33;Z5Lu~Swi 080 ... tr Ug<: J= #q= ~ 8 Ea~ 6283NEEN@w< U.1 1 Z -ZE Z 4.1-1- 0 -WN JQW :WU'LUU:'1 Z O<IMI-IroOO 0 0 1- 00 + N 1- 1- O #- 0 = â€ž L 31Â¥OS WINO.Ls i HNN O 3AN3AÂ¥ HONIEI COk '* 30018 V MONVA 589'11'001 A VbIOdnl31 SS31 NO hliSNOO NIOd 3 OUNTRY U 121*81NAO 8nlo *EllNROO NOIidIHOSEICI 1Â¥931 3 3 38Â¥AOS LZL ONINI 00 AMV@OdA31 V n . John G. & Catherine M. Clark June 30,2009 Page 1 of 2 GRANT OF TEMPORARY EASEMENT FOR UNDERGROUNDING OF OVERHEAD UTILITY SERVICES PARCEL # 25302-51-002 THIS EASEMENT is made this t* day of Ju14_, 2009 by and between JOHN G. CLARK & CATHERINE M. CLARK as owners of 753 Mspect Avenue, Estes Park. Colorado (hereinafter referred to as "Grantor"), successors and assigns, and Town of Estes Park, Colorado, a municipal corporation (hereinafter referred to as "Town"). The Grantor hereby grants unto said Town, its successors and assigns, a temporary easement for the undergrounding of overhead utility services, the right to enter upon the said property hereinafter described, following notification of the Grantor to discuss schedule and alignment, to relocate existing overhead utilities, including electric, telephone, and cable, below ground, with all fixtures and devices, used or useful in the operation of said utilities, as said utilities may be located on the described property, located in the Town of Estes Park, County of Larimer, State of Colorado, to wit: A temporary easement for undergrounding of overhead utility services in the Southwest M of the Northwest M of Section 30, Township 5 North, Range 72 West of the 6111 P.M. on property described as Lot 2A, Amended Lot 2, Murphy Subdivision of Amended Plat of Portion of Lot 20 Little Prospect Mountain to the Town of Estes Park located at 753 Prospect Avenue, Estes Park. Colorado. Together, with the right to enter upon said property, survey, and construct underground utility services including but not limited to trenching, installation of conduit, placement of wire, connection of new service lines, remove existing overhead utilities and to remove objects interfering therewith. The underground utilities shall be located in a direct route from the proposed transformers to the existing meter box but will routed to avoid trees and significant shrubs. This easement will be null and void upon completed installation of the underground utility services. On abandonment of the temporary easements the services will become property of the said grantor, relieving the Town of any financial obligation ofthe private utilities. The work on the said underground utility services shall be done with care, and all damage to any improvements on said property caused thereby shall be restored to preconstruction conditions at the expense of the Town. John G. & Catherine M. Clark June 30,2009 Page 2 of 2 WITNESS my hand and official seal this 11Â® day of Ju~ 2009, at A JOHN G. CLARK (Signature) 4*ki*%) t.,in,â€žit 0 6:. 0 074 0 .... 10 9, : :t i ..= - SU'. . 1 2 "41) f (seal) . 4%..9 ..Â·; ,9, i., 1, <py//49 . 26 -W. .01 }4" .4 The foregoing instrument was subscribed and sworn before me this 144 day oful Ul, 4 '2009, by >d~.t/Wd ~ 0,4 My Commission Expires: 9 -/6'/2 Notary Public r WITNESS my hand and official seal this 9 day ofÂ£;~ 2009, at -ck- - CATHERINE M. CLARK AL *. AL (Signature) ~02*FLETCHER- 1!00 ,0, Appt E . - c -2Seal) The foregoing instrument was subscribed and sworn bdfore me this 6*4day of ISL 3 ' 2009, /2-4/ b.Â§ 44841 26''d/r/ State of Kansas ) County of Riley ) My Commission Expires: AU, 3, 20 Co Notary Public ..... .==.m.,Rmm- Temporary Construction Easement Douglas Deats 415 Elm Avenue Parcel No. 25303-29-002 Page 1 of 3 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT I Douglas Deats (OWNERS), does hereby grant a Temporary Construction Easement to the Town of Estes Park and its employees, consultants and contractors permission to enter the property described below and grants the exclusive rights to perform construction activities necessary for the reconstruction ofProspect Avenue and adjoining side streets, including the removal of existing asphalt, reconstructing park off the o f High Street and adding an additional parking stall off of Elm Avenuee and that the parties agree as follows: The temporary construction easement is described as follows: located at 415 Elm Avenue, on a Portion of Tract 2, Deats Resubdivision of Lots 4,5, and 6, Block 1, Country Club Manor Addition. Town of Estes Park, in the Northwest 1/4 ofthe Southwest 1/4 of Section 30, Township 5 North, Range 72 West of the 601 P.M., the County ofLarimer, State of Colorado and being more particularly described as follows: Considering the North line of Block 1 of said Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°11'00"IE and all bearings being relative thereto: The southern 20.00 feet of said Tract 2 The above described parcel contains 2208 square feet, more or less. Together with: The eastern 42.00 feet of said Tract 2 The above described parcel contains 2837 square feet, more or less. (See attached Exhibit 'A') (See attached Exhibit 'B' o f proposed improvements) The Owner also grants to the Town, its successors, assigns, agents, contractors, and employees the right to erect and use construction equipment within the easement during construction. IT IS UNDERSTOOD that the Easement rights herein granted shall terminate upon 2 years from the date hereof or upon completion of the above-mentioned construction project, whichever is sooner. IT IS ALSO UNDERSTOOD that the easement herein granted does not convey any right or interest in the above described property, except as stated herein, nor prevent owner from the use of said property; provided, however that such use does not interfere with the rights herein granted. 1 Temporary Construction Easement Douglas Deats 415 Elm Avenue Parcel No. 25303-29-002 Page 2 of 3 In addition, the Town, its successors, assigns, agents, contractors, and employees agree to the following condition of entry: 1. DAMAGE TO PROPERTY: Shall exercise care to avoid damaging the property in any manner not consistent with the purpose for which this agreement is issued. 2. COOPERATION WITH OWNER: Shall at all times cooperate with owner(s) and comply with reasonable requests not inconsistent with the purpose for which this agreement is issued. 3. CLEANUP: Shall spread material uniformly over theconstruction site, seed and fertilize. Upon completion of the existing asphalt removal, shall clean all the ground occupied of all rubbish, excess material, temporary structures and equipment. ACCEPTANCE: All parts of the site shall be left in acceptable condition WITNESS my hand and official seal this T day of 32Qu~ 2009, Estes Park, Colorado. ,%%%"to,11"," C S EALÂ¥>*j...6..9.8 40%;p 2 at.. 2 67 $0tarp a 1 8~0 FL~n-~- (SE+ C. 22/. Douglas <)eats 1% dy.. STATE OF COLORADO ) N,% =k'> )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this C~ day of -50\ 7 ,2009, by '1*08\Al= ~5%4*/ My Coinmission Expires: C rh Notary Pul<~3 2 Temporary Construction Easement Douglas Deats 415 Elm Avenue Parcel No. 25303-29-002 Page 3 of 3 WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 3 :00 99 3â€ž00,LE.OON 1%544\\ 0 \.1 \1\38= O DSÂ«\14Â« Â»49 1 2~449- Z O > Q M 2 0 < 0 LU 1- <z -4 00 < - Old < =2 Z KSES O 01,0 955% 1- 0 Eaa X-15 D .4[0 8 LULLIU 45 11 3~-= g -0 ~~61_L 0 10 1- l Â°LOODO Lu 43%540.49 3 EfrE -ZD go -OOZ U' < IJZ O< 4 -OmEga- owzog L UN, et@ fi L,-1 LO . O LE . 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Warren June 30,2009 Page 1 of 2 GRANT OF TEMPORARY EASEMENT FOR UNDERGROUNDING OF OVERHEAD UTILITY SERVICES PARCEL # 25302-51-003 THIS EASEMENT is made this day of -, 2009 by and between BARRY E. WARREN~~ & MARY J. WARRENVI as owners of 755 Prospect Avenue. Estes Park. Colorado (hereinafter referred to as "Grantor"), successors and assigns, and Town of Estes Park, Colorado, a municipal corporation Ciereinafter referred to as "Town"). The Grantor hereby grants unto said Town, its successors and assigns, a temporary easement for the undergrounding of overhead utility services, the right to enter upon the said property hereinafter described, following notification of the Grantor to discuss schedule and alignment to relocate existing overhead utilities, including electric, telephone, and cable, below ground, with all fixtures and devices, used or useful in the operation of said utilities, as said utilities may be located on the described property, located in the Town of Estes Park, County of Larimer, State of Colorado, to wit: Â· A temporary easement for undergrounding of overhead utility services in the Southwest M of the Northwest 1/4 of Section 30, Township 5 North, Range 72 West of the 6~11 P.M. on property described as Lot 28, Amended Lot 2, Murphy Subdivision of Amended Plat of Portion of Lot 20 Little Prospect Mountain to the Town of Estes Park located at 755 Prospect Avenue, Estes Park, Colorado. Together, with the right to enter upon said property, survey, and construct underground utility services including but not limited to trenching, installation cf conduit, placement of wire, connection of new service lines, remove existing overhead utilities and to remove objects interfering therewith. The underground utilities shall be located in a direct route from the proposed transformers to the existing meter box but will routed to avoid trees and significant shrubs. This easement will be null and void upon completed installation of the underground utility services. On abandonment of the temporary easements the services will become property of the said grantor, relieving the Town of any financial obligation ofthe private utilities. The work on the said underground utility services shall be done with care, and all damage to any improvements on said property caused thereby shall be restored to preconstruction conditions at the expense o f the Town. Barry E. Warren & Marry J. Warren June 30,2009 Page 2 of 2 WITNESS my hand and official seal this M day of -31.Al 2009, at 1a,ut A./2.2&4 BARRY E. WARREN* (Signature) . i ........... 9 6 -44-~1 w ....,/Aub* )02 '% (foc.-0/.147 (Seal) 40/,3,#Mi,R~Â» The foregoing instrument was subscribed and sworn before me this 9"r day of lal '2009, by --~6Arz/~ E & WAe,câ‚¬41 My Commission Expires: Notary Public WITNESS my hand and official seal this < day of ~~D\1 2009, at HaN 3. Ubaf r-en MARY J. WARRENg 9710-470 9 - kja,07 2-u (Signature) 0: ' ~~"8"'44 4. *ap' t / / 22 (Seal) te of 00' The foregoing instrument was subscribed and sworn before me this .~day of Gal . 2009, by M~#r YVIAL-~ U- U-14/2126.-~. Uy Commission Expires: Notary Public I .4 Temporary Construction Easement Virginia S. Taulane 750 Prospect Avenue Parcel No. 25303-85-001 Page 1 of 3 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT I Virginia S. Taulane (OWNERS). does hereby grant a Temporary Construction Easement to the Town of Estes Park and its employees, consultants and contractors permission to enter the property described below and grants the exclusive rights to perform construction activities necessary for the reconstruction ofProspect Avenue and adjoining side streets, including the removal of existing asphalt and that the parties agree as follows: The temporary construction easement is described as follows: located at 750 Prospect Avenue, on a Portion ofLot lA, Block 4, Amended Plat of Lots 1,2 & 3, Block 4, County Club Manor Addition to the Town of Estes Park, in the Northwest 1/4 of the Southwest 1/4 of Section 30, Township 5 North, Range 72 West of the 6th p.M., the County of Larimer, State of Colorado and being more particularly described as follows: Considering the North line ofBlock 4 of said Amended Plat of Lots 1,2 & 3, Block 4, Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°29'13"E and all bearings being relative thereto: COMMENCING at the northwest corner of said Lot lA; Thence along the northerly property line, South 89Â°29'13" East a distance of 7.00 feet, said point being the TRUE POINT OF BEGINNING; Thence along the northerly property line South 89Â°29'13" East a distance of 3.95 feet; Thence leaving said northerly property line, South 19Â°37'05" West a distance of 32.29 feet to a point on the westerly property line of said Lot lA; Thence along said westerly property line, North 00Â°08'03" East a distance of 20.51 feet; Thence leaving said westerly property line North 34Â°55'23" East a distance of 12.12 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains 132 square feet, more or less. (See attached Exhibit 'A') The Owner also grants to the Town, its successors, assigns, agents, contractors, and employees the right to erect and use construction equipment within the easement during construction. IT IS UNDERSTOOD that the Easement rights herein granted shall terminate upon 2 years from the date hereof or upon completion of the above-mentioned construction project, whichever is sooner. 1 . Temporary Construction Easement Virginia S. Taulane 750 Prospect Avenue Parcel No. 25303-85-001 Page 2 of 3 IT IS ALSO UNDERSTOOD that the easement herein granted does not convey any right or interest in the above described property, except as stated herein, nor prevent owner from the use of said property; provided, however that such use does not interfere with the rights herein granted. In addition, the Town, its successors, assigns, agents, contractors, and employees agree to the following condition of entry: 1. DAMAGE TO PROPERTY: Shall exercise care to avoid damaging the property in any manner not consistent with the purpose for which this agreement is issued. The existing fence along Prospect Avenue shall be reset at the property line and any fence disturbed along the west property line shall be reset by the town. 2. COOPERATION WITH OWNER: Shall at all times cooperate with owner(s) and comply with reasonable requests not inconsistent with the purpose for which this agreement is issued. 3. CLEANUP: Shall spread material uniformly over the construction site, seed and fertilize. Upon completion of the existing asphalt removal, shall clean all the ground occupied of all rubbish, excess material, temporary structures and equipment. ACCEPTANCE: All parts ofthe site shall be left in acceptable condition WITNESS my hand and official seal this -LE day of 3,01 2009, Estes~~q~i~~â€¢~::i.~~c,~$~~ Colorado. r(Re 9 . Â«U_j </4/-2-6,42-J (s~42'. NÂ«) 8 * Virginfa S. Taulane :.. 64 L J ;04~280~ STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this /6 # day of 1;44 , 1959,by Vi '31 010. 5 -Ta u. 1 Â«,ne My Commission Expires: 9-/b- /2 41 1 A-43 14.1 8 .JUA #f'M Mfotary gublic 2 '6\1,1,4,41'mi; .. Temporary Construction Easement Virginia S. Taulane 750 Prospect Avenue Parcel No. 25303-85-001 Page 3 of 3 WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 3 --I- 741-IM--1 1~.~,~1~V49.1/444~4~1-~Â·-#---W*. 'VI*- ...,-B-'.-' .,I-'*--1,â€¢---,*"I-f4~h~1'v.'----Â·I t'-1 %. 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Taulane 750 Prospect Av enue Parcel No. 25303-85-001 Page 1 of 3 EASEMENT FOR ACCESS, UTILITY AND DRAINAGE RECEIVED OF THE TOWN OF ESTES PARK, COLORADO, the sum of 1.00 Dollar, in consideration ofwhich Virginia S. Taulane, hereby grants unto said Town, its successors and assigns, a permanent easement to construct, operate and maintain access, utility and drainage for the use of the public across land situated in Estes Park, Larimer County, Colorado and more particularly described as follows: PERMANENT EASEMENT FOR ACCESS, UTILITIES AND DRAINAGE STRUCTURES CONSTRUCTION AND MAINTENANCE A permanent easement for access, utility and drainage structures, located on a parcel of land as described as being located in Lot lA, Block 4, Amended Plat of Lots 1,2 & 3, Block 4, Country Club Manor Addition to the Town of Estes Park, County of Larimer State of Colorado, located in the NW1/4 ofthe SW 1/4 of Section 30, T5N, R72w, 6th P.M. being more particularly described as follows: Considering the North line ofBlock 4 of said Amended Plat of Lots 1,2 & 3, Block 4, Country Club Manor Addition to the Town of Estes Park as bearing S 89Â°29'13"E and all bearings being relative thereto: Commencing at the northwest corner of said lot lA, said point being the TRUE POINT OF BEGINNING; Thence along the northerly property line, South 89Â°29'13" East a distance of 7.00 feet; Thence leaving said northerly property line, South 34Â°55'23" West a distance of 12.12 feet to a point on the westerly property line of said lot lA; Thence along said westerly property line, North 00Â°08'03" East a distance of 10.00 feet more or less to the TRUE POINT OF BEGINNING. The above described parcel contains 35 square feet, more or less. (See attached Exhibit 'A') The work within said easements shall be done with care, and all damages to any improvements on said property caused thereby shall be restored to preconstruction conditions at the expense of the Town, including resetting of fences. 1 Virginia S. Taulane 750 Prospect Avenue Parcel No. 25303-85-001 Page 2 of 3 Upon the terms and conditions hereinafter set forth: 1. The terms of said easement shall be perpetual. 2. Virginia S. Taulane reserves the right to cultivate, use and occupy said premises for any purposes consistent with the rights and privileges above granted. In case of the permanent abandonment of said easement, all right, title, and interest herein granted shall end, cease and terminate. 3. Virginia S. Taulane by grant of the foregoing easement does not assume any responsibility for the construction, operation, and maintenance of the access, utility and drainage structure or liability for damages of any nature arising directly or indirectly from the construction, operation, maintenance, and use of the trail herein provided. WITNESS my hand and official seal this I 5 day of 1 ulg 2009, Estes Parkh 14:0â€¢.1.1.,. $3""1#14 Colorado. 2._,1,413 3 (SE*11*05'''~*~-4-<:AÂ·Â· Â» d - f NOTAR 2...1 . 'tjl****Med 04â€¢lana,, 4Â¥.>19.4 VirgiÂ¥[ia S. Taulane ..... 2* 80&09 STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this /6 day of 09 '2009 ,by /4 0 111 1 GUS . TQ u ( n ne. My Commission Expires: 9 -/2 - /2 .A UAÂ»Ull. A ..JUA<&*4 Notary P*lie 2 ~T""'44 Virginia S. Taulane 750 Prospect Avenue Parcel No. 25303-85-001 Page 3 of 3 WITNESS my hand and official seal this day of 2009, Estes Park, Colorado. (SEAL) (SEAL) Town of Estes Park STATE OF COLORADO ) )SS COUNTY OF LARIMER ) The foregoing instrument was subscribed and sworn before me this day of ,2009, by My Commission Expires: Notary Public 3 S6'+9 C\1 (\1 2 ~ -- 3â€ž99,GO.OOS 11 2 b:==~0 E- e CO 0 05 - 0- 1- m J < & -CL N D 0 4- d 3 6% 0 23,6 0 0 5 (N vÂ»< A 03 \ 1 1 %%~ < LU LI-11-1.1 (,0 A II - (03 * 0 34 x 4 012 -U,W .O 9%62===zy m Qi LL LL O U') LU |- LL O O O 1.-4~ ZO 4 ~M: ZD #Bac o to LU L.1.18~ -~JOJ 99-- DO fim g Z Z -O *[EX LU < t#Z .- W bro. 0 > LU > 1-1-1 Za- b << 1.- 5 E W Ye G -r) W8 E AA n win EN 36 01 1- Nt --1.-JOK @9 H- Edpzg-8 EnN â€ž 0 Ld D 00 - ch (/) Qi TO. -' 0 - m,_ (f}LU X0 Ui PO- Z n Â· r,, 0 39%~ LU O U) O Z LU CE LU @wb mw d O - I Z 1- 0 0 O 90 lo < 1 1 3312& CN- O 0 LL <C LU N - 4 _10 2 E m z 0- O ~ 0 LOCO <(f) Olu LU O 04 con:z i Â· (f) Go ZOE C-XI azw Z <E - 4 05< W 3 00<50 \1 0-- -- '96'*9 Mâ€ž90,90.OON 1 - 10.00 ~- z 8 46% 2 O 9 -*O 0 m 8 zos azul .7432 ZD 0 to O 22 WL~10 E w d 1 3 ~ 0 (REW ELLL O WZ (N O i 9 Ogu (O 0 *fullÂ» bm3 f-w 9 %00-zd 9 01-W Id- 1 d LL Â» 4-a: CN Z LU Dwggj WASEALL 0 00.Gock= irzo Â¥02= R z wwomg 969. 20- Z Z Z - 4- b 02% KEEK Jg% Oa r LU M O 0- ED bber *as It- m 850.-w *2ia-u~gO- 0 11- Z--10 \Qf I 42 LU |7' 0 Â» WO 30 #-W --9 Q W BE 52 5< 22 1-0,- ZA*~27 9~32Z~W ~35 0 - 0 0 0 CDZ 00 .0 (/) 0- Z n E LU W WEwORWW @BLU O(NIA 9 25 00 1-~E<01= 3<D a-zEn- Nk-cj,~~62~ Of H 1- l/) Z 1Â¤233&Ya 03Â§3~Mz < Id 2 038b<EZ 8a<--jko LU I ~8@blnET@ 598EN=%5832 WEE-OZ *L 20EÂ¤552~S~* d 1%%~*ENEw Biabaa<sagE 9 n 'ON , L 31Â¥09 '2-999 (040) xy.tf ~ 60/1W10 31Â¥0 hlir:Ag 99,2-989 (026) LUB M OF BEGINNING BASIS OF BEARING 589'29'13"E 112.55' LOT l A, B C I< 4, AM D iN3IAI SVEI-~N3NVINMEIcl 02054157 DATED 05 39VNIVhl S 34'55'23" W HlbION '3Nll 1183dONd 11&33 S DN014 80 3@OK 1333 030 AV '+ M 018 V L 80 3EION 1333 38Â¥nOS ge ONINIVINOO 1N3W3SV3 803 1N3â€¢35Â¥3 LEGAL DESCRIPTION 4 .i , TOWN oF ESTES PARIÂ© Town of Estes Park Public Works Engineering Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 970-577-3582, szurn@estes.org Memo TO: Public Works Committee From: Scott Zum Date: July 23,2009 Re: Fall River Estates, Lot 17, Block 1 - Drainage Easement Background: The need for a drainage easement was identified during the plot plan review for the addition of a single-family unit at Fall River Estates, Lot 17, Block 1. This easement is dedicated to the Town of Estes Park by Robert Dale Hopkins and Angela Jean Hopkins, as shown in the attached exhibit. Budget n/a Recommendation: Staff recommends accepting the dedication of a drainage easement at Fall River Estates, Lot 17, Block 1, as shown in the attached exhibit. . â€¢t GRANT OF DRAINAGE EASEMENT ACROSS LOT 17, BLOCK 1, FALL RIVER ESTATES, FIRST ADDITION, A PORTION OF THE SW y. OF SECTION 22, TOWNSHIP 5 NORTH, RANGE 73 WEST OF THE 6â„¢ P.M., TOWN OF ESTES PARK, COUNTY OF LARIMER, STATE OF COLORADO FOR VALUABLE CONSIDERATION, the receipt and sufficiency whereof is acknowledged, Robert Dale Hopkins and Angela Jean Hopkins, owners of Lot 17, Block 1, Fall River Estates, First Addition, and their successors and assigns, hereinafter referred to as GRANTORS, do hereby grant unto the Town of Estes Park, hereinafter referred to as GRANTEES, an easement for storm water run-off drainage, with the right to construct, maintain, inspect, operate, repair, replace and remove drainage facilities. Said drainage facilities shall be for the transmission of storm water on, over, under and across the property described on Exhibit "A" attached hereto. The GRANTORS hereby warrant that they are the owners in fee simple of said property and are authorized to grant this easement. GRANTORS hereby grant unto GRANTEES the right of access to said easement and the right of ingress and egress on and over the property described in Exhibit "A". The following conditions for the easement shall be in place: 1) Upon completion of its construction, repair or maintenance work, the GRANTEES shall restore such property, as is affected, to substantially the same condition as existed prior to such work. 2) GRANTORS reserve the right to use and enjoy such described property so long as such use and enjoyment does not interfere with the rights herein granted to the GRANTEES. 3) GRANTORS specifically agree not to build, create, or construct any obstructions or structures over or within said easement, and not permit the same to be done by others without the written consent of the GRANTEES. Such consent will not be unreasonably withheld if the GRANTEES determine that the same will not interfere with its rights hereunder. 4) The terms, conditions, and provisions of this easement grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, THE GRANTORS have executed this easement grant this 13 day of -Jvl, , 2099 j44 -26 4 4-- c(2 rr.ck, 04,1*:11_0 GRANTOR, Robert Dale lubpkins GARKMKBEKngela Jean Hopkins STATE OF -Fums } county of U..1 1 lt< 01Â£Â£0n } SS. } The foregoing instrument was acknowledged before me this 1~~ay of 3 Ol l.( , 2009 by Robert Date Hopkins and Angela Jean Hopkins. Witness my hand and official seal. My commission expires: 726.12.1012- V A -1 C Gk A . SILVIA L HERNANDEZ w.au b#aft/4 26<Â£* i;~ 74 MY COMMISSION EXPIRES 702Â¥y Public ~m:Yy February 12, 2012 EXHIBIT A DRAINAGE EASEMENT LOT 17, BLOCK 1 FALL RIVER ESTATES, FIRST ADDITION ILLEGIBLE PLASTIC CAP (N86'00'00"W 157.45') ON A #4 REBAR / / n illil -ill- ...il - - - - ' 1894 / - -N77- ---1- --/ -500:34 - -2!gog'523- - S'5226.0 7 - ----9.:323'-17Â·EN sÂ«** ---48.33' - --- 7.5' ~ 77 -0 -- --- ---* / 1---U / CENTERLINE 15' U DRAINAGE EASEMENT LOT 17 6 *0.623 ACRES PLASTIC CAP LS #6499 ON A #4 REBAR ~ N SCALE 1 " = 30' (58300'00'W 190.79') LONNIE A. SHELDON CO. PE & LS #26974 A 15' DRAINAGE EASEMENT, 7.5' EACH SIDE MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERUNE: COMMENCING AT THE NORTHEAST CORNER OF LOT 17. BLOCK 1. FALL RIVER ESTATES, FIRST ADDITION, LOCATED IN THE NW 1 /4 OF SECTION 22 ,T5N, R73W OF THE 6TH PM. TOWN OF ESTES PARK, COUNTY OF LARIMER. STATE OF COLORADO, AND CONSIDERING THE EASTERLY LINE OF SAID LOT TO BEAR N0700'00"W WIâ„¢ ALL BEARINGS HEREIN RELATIVE THERETO; THENCE S07'00'OOE ALONG THE EAST LINE OF SAID LOT 17 A DISTANCE OF 49.62' TO THE TRUE POINT OF BEGINNING; THENCE S75*21'18"W A DISTANCE OF 28.50'; THENCE N87'00'53 W A DISTANCE OF 48.33'; THENCE 56426'41"W A DISTANCE OF 25.21"; THENCE N77'01'54"W A DISTANCE OF 71.61' MORE OR LESS TO THE WESTERLY LINE OF SAID LOT 17 AND THE END OF SAID EASEMENT. THE SIDELINES OF SAID EASEMENT SHALL BE PROLONGED AND FORESHORTENED SO AS TO TERMINATE ON THE EASTERLY AND WESTERLY LINES OF SAID LOT 17. SAID EASEMENT CONTAINS 2605 SQUARE FEET AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. DRAWN DATE VAN HORN ENGINEERING SCALE PROJ. NO. 1043 Fish Creek Road - Estes Park, CO 80517 JWC 07-13-2009 Phone: (970) 586-9388 - Fox: (970) 586-8101 1" = 30' 2008-10-06 0 Â£ f y d i 1/ I 3 ITvt 12001 14 - 49.62' FALL RIVER DRIVE (905'00'00"E 174.28 NOTOO'00 * 4 (NOTOO'00"W ~40.4.31 BASIS OF, BEAR~S ft fly Town of Estes Park Public Works Engineering TOWN of ESTES PARI<_ Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 970-577-3582, szurn@estes.org Report TO: Public Works Committee From: Scott Zum Date: July 23,2009 Re: Fall River Trail 4B Status Report Background: The Public Works Dept. has been working with CDOT and Vanhorn Engineering and is nearing completion of design portion of the project. This project is partially funded by Federal stimulus funding and the remainder of the project is funded by Larimer County open space and trail funds. 4. Town of Estes Park Public Works Engineering TOMN or ESTES PARK~ Report Room 100, Town Hall P.O. Box 1200, Estes Park, CO 80517 970-577-3582, szurn@estes.org TO: Public Works Committee From: Scott Zum Date: July 23,2009 Re: Bond Park Master Plan Process Report Background: Winston Associates, Inc., was awarded the Bond Park Master Plan contract by Town Board on June 23,2009. The scope of work included in this contract consists of developing a viable plan for the redevelopment of Bond Park, utilizing public input. Winston Associates, Inc., has initiated the public outreach phase of the master plan process by publishing an online survey - available to the public at http://www.estesnet.com/pressreleases/bondpark.aspx through July 27,2009, - and by holding a day of focus groups interviews on July 22. Four focus groups were held, for which following representatives were invited: 1. Town Representatives a. Town Board of Trustees b. Planning Commission c. Town Department Heads d. Town Administration e. Convention and Visitofs Bureau 2. Civic Partners a. Estes Valley Partners for Commerce b. Estes Valley Recreation and Parks District c. Estes Park Urban Renewal Authority d. Library District e. Tree Board f. Local Marketing District Board g. School Board h. Hospital Board i. Eagle Rock School 3. Community Partners a. Arts Community - Fine Arts Guild, SOPA, Cultural Arts Council of Estes Park, Art Center of Estes Park b. Families for Estes c. Lions Club d. Sustainable Mountain Living e. Rotary - Sunrise & Noon f. League of Women Voters g. Kiwanis Club h. Newcomers Club i. Association for Responsible Development 4. Downtown Estes Park Stakeholders a. Downtown Merchants b. Downtown Landowners c. Frequent Bond Park Users This phase of the process is expected to generate enough opinions to develop several concepts to present to the public for review at a community open house later this fall. Budget: The Bond Park Master Plan is budgeted in the Conservation Trust Fund: 211-5900-459.35-61 2008 2009 $20,000 $30,000 â€¢ Page 2