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Home My WebLink About2015-13PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13 Series of 2015, on the Town of Vail's web site, www.vailaov.com, on the 16th day of September, 2015. Witness my hand and seal this day of 2015. �ammy�'gel �__� epuiy_ Clerk (seal) ORDINANCE NO. 13 SERIES 2015 AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY ALONG LUPINE DRIVE, IN EXCHANGE FOR THE PURCHASE OF REAL PROPERTY ALONG COLUMBINE DRIVE WHEREAS, the Town has discovered that a portion of Columbine Drive near the intersection of Columbine Drive and Lupine Drive encroaches onto private property; WHEREAS, to correct this issue, the Town and J. Brian Stockmar, the owner of Lot 14, Bighorn Subdivision, have agreed to a land exchange, subject to approval of the Town Council; WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; WHEREAS, the Town Council finds and determines that the sale of a portion of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference to J. Brian Stockmar, in exchange for the purchase of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, is in the best interest of the public health, safety and welfare; and WHEREAS, based on information received from Town staff, the Town Council finds and determines that the fair market value of the Exhibit A property is roughly equivalent to the fair market value of the Exhibit B property, and therefore, an even exchange is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference, to J. Brian Stockmar, in exchange for the purchase by the Town of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, pursuant to the terms of a purchase and sale agreement between the parties in a form approved by the Town Attorney. No consideration other than the exchange of the two parcels of real property shall be necessary. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 1 9/10/20159/AQ015 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE DOCQ.-�USE-RS44A!L�ORD�2015�LUPINE COLUMBINE TRANSFER 0090915.DQ Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of September, 2015 and a public hearing for second reading of this Ordinance set for the 6th day of October, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of October, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 2 9/10/20159/AQ015 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE DOCQ.-�USE-RS44A!L�ORD�2015�LUPINE COLUMBINE TRANSFER 0090915.DQ LUPINE DRIVE (50' R-OA) SET No, 5 REBAR WITH AREA ADDED TO AI J" ALUMINUM CAP LOT 14A / P.L.S. No. 30097 PER DEED RECORDED / °2 Pa'•ma,t N 10'08"54" W - 5.62' N 62.52'p0" E ' 99.32' - - iae. Pe° o[a HYtmt LIgM N 82'52'00" E - 14.05' _11_LI--�-Lo"°'" L q SET No. 5 REBAR WITH �— A 1 1" ALUMINUM CAP P.L.S. No. 30091 _ \�UTIUTY, DRAINAGE AND GRADING EASEMENT (CREATED BY THIS PLAT) LOT 13 'O. O LOT 12 LOT 14A N 61.26'46" E_ 0.4058 ACRES 30.80 4096A I LANDSCAPING & PARKING EASEMENT -(CREATED BY THIS PLAT) I N 16'25'20" E - 2,94' L PROPERTY UNE FOLLOWS CENTER OF PARTY WALL =64'03'39" R=60.00' L=67.08' ChB=S65'06'10"E ChL=63.64' / 1 AREA ADDED TO COLUMBINE DRIVE --�--AND LUPINE DRIVE PER / DEED RECORDED SET No. 5 REBAR 'MTH C% �A 1 J" ALUMINUM CAP O P.L.S. No. 30091 a S 33'04'21" E - 61.76' � 2 S 2833'14" E - 15.75' N 61'39'30" E r18.68' L y 61'26'46" E N OUTLINE OFS 28'33'14" EJ 3.00' � 12.75' DUPLEX STRUCTURE \ ��' F' S 28'33'14" E — 0.92' " 6' S� S 7" E .18- \\ \ -89.45'50 N R=5.00' \ L=7.83' \ \N0, ChB=S73'27'35�F ws ChL=7.06' LOT 148 0.3196 ACRES I i 40968 \ fD \ �0) N 4356'03" W — 23.22'f'\ %'\y FOUND No. 4 REBAR WITH A 1 }" YELLOW PLASTIC CAP P.L.S. No. 4974 (25' No. CORNER) SET No. 5 REBAR WITH A 1 ;" ALUMINUM CAP P.L.S. No. 30091 0. 0 hi' /66�y'1 FOUND No. 4 REBAR WITH A 1 }" YELLOW PLASTIC CAP— / < P.L.S. No. 4974 S 28'20'30" E \ 5.26' 83 ACCESS EASEMENT (CREATED BY THIS PLAT, SEE NOTE _) LOT 15 I GRAPHIC SCALE 20 10 20 40 BO ( IN FEET ) 1 inch = 20 fi, i*41Moe :jri LUPINE DRIVE, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO N 10*08'54" W - N 82°52'00" E - SCALE: 1 " = 50' Gore Range Surveying, PLC P. C Box 15 Avon, CO 81620 (970) 479-8698 • fax (970) 479-0055 \\=24°59'20" INE �RI�E R=60.00' LU P L= 26.17' ChB=S84°38'20"E ChL=25.96' E �0-- 99.3Z-,- - -15.62' 2°52'0/14.05/ / / / / - vlq -124.3 \ C) 82°52�0 0� � / TRUE POINT OF BEGINNING \ G� POINT OF BEGINNING \ I NORTHWESTERLY CORNER LOT 14 i LOT 14 0 PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LUPINE DRIVE, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LUPINE DRIVE, SAID POINT BEING THE NORTHWESTERLY CORNER OF LOT 14, BIGHORN SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY N82°52'00"E 14.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY BOUNDARY N10°08'54"W 5.62 FEET; THENCE N82°52'00"E 99.32 FEET; THENCE 26.17 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 24°59'20" AND A CHORD WHICH BEARS S84°38'20"E 25.96 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY OF LUPINE DRIVE; THENCE ALONG SAID SOUTHERLY BOUNDARY S82°52'00"W 124.37 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS. EXHIBIT LOT 14, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO LUPINE ERNE N 82°52'00" E - 34.33' -\ TRUE POINT OF BEGINNING � N 8 I 0=39*04'19" 1 POINT OF BEGINNING R=60.00' I NORTHWESTERLY CORNER LOT 14 L= 40.9 2'- I ChB=N52°36'30"W 1 I Ch L= 40.13' I I N 33*04'21" W - 61.76'- I II L 0 T 14 I SCALE: 1" = 50' 30091: /20/2015tr NAL LANa Game Range Surveying, LLC RGBox is Avon, CO 81620 (970) 479-8699 • fax (970) 479-0955 PARCEL DESCRIPTION: 0=23*33'16" R=125.00' :51.39' B=S16°33'52"E L=51.03' 28°20'30" E - 35.76' A PARCEL OF LAND SITUATED IN A PART OF LOT 14, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14 N82°52'00"E 138.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N82°52'00"E 34.33 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 14; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT 14 51,39 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, AN INTERIOR ANGLE OF 23°33'16" AND A CHORD WHICH BEARS S16`33'52"E 51.03 FEET; THENCE S 28°20'30"E 35.76 FEET; THENCE DEPARTING SAID EASTERLY BOUNDARY OF SAID LOT 14 N33°04'21"W 61.76 FEET; THENCE 40.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 39°04'19" AND A CHORD WHICH BEARS N52°36'30"W 40.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS. PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 13 Series of 2015, on the Town of Vail's web site, www.vailgov.com, on the 7th day of October, 2015. Witness my hand and seal this 7t-f day of C 2015. Tam Nag Deputy Clerk(seal) ORDINANCE NO. 13 SERIES 2015 AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY ALONG LUPINE DRIVE, IN EXCHANGE FOR THE PURCHASE OF REAL PROPERTY ALONG COLUMBINE DRIVE WHEREAS, the Town has discovered that a portion of Columbine Drive near the intersection of Columbine Drive and Lupine Drive encroaches onto private property; WHEREAS, to correct this issue, the Town and J. Brian Stockmar, the owner of Lot 14, Bighorn Subdivision, have agreed to a land exchange, subject to approval of the Town Council; WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the sale of real property by ordinance; WHEREAS, the Town Council finds and determines that the sale of a portion of the real property more particularly described in Exhibit A, attached hereto and incorporated herein by this reference to J. Brian Stockmar, in exchange for the purchase of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, is in the best interest of the public health, safety and welfare; and WHEREAS, based on information received from Town staff, the Town Council finds and determines that the fair market value of the Exhibit A property is roughly equivalent to the fair market value of the Exhibit B property, and therefore, an even exchange is appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the sale of the real property more particularly described in Exhibit A attached hereto and incorporated herein by this reference, to J. Brian Stockmar, in exchange for the purchase by the Town of the real property more particularly described in Exhibit B, attached hereto and incorporated herein by this reference, pursuant to the terms of a purchase and sale agreement between the parties in a form approved by the Town Attorney. No consideration other than the exchange of the two parcels of real property shall be necessary. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 1 9/10/20159/AQ015 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE DOCQ.-�USE-RS44A!L�ORD�2015�LUPINE COLUMBINE TRANSFER 0090915.DQ Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of September, 2015 and a public hearing for second reading of this Ordinance set for the 6th day of October, 2015, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6th day of October, 2015. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk 2 9/10/20159/AQ015 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCIE277CA74-C2D1-4BC1-BB8C- BBB87866470CIVAILAGENDA.6807.1.LUPINE COLUMBINE DOCQ.-�USE-RS44A!L�ORD�2015�LUPINE COLUMBINE TRANSFER 0090915.DQ LUPINE DRIVE (50' R-OA) SET No, 5 REBAR WITH AREA ADDED TO AI J" ALUMINUM CAP LOT 14A / P.L.S. No. 30097 PER DEED RECORDED / °2 Pa'•ma,t N 10'08"54" W - 5.62' N 62.52'p0" E ' 99.32' - - iae. Pe° o[a HYtmt LIgM N 82'52'00" E - 14.05' _11_LI--�-Lo"°'" L q SET No. 5 REBAR WITH �— A 1 1" ALUMINUM CAP P.L.S. No. 30091 _ \�UTIUTY, DRAINAGE AND GRADING EASEMENT (CREATED BY THIS PLAT) LOT 13 'O. O LOT 12 LOT 14A N 61.26'46" E_ 0.4058 ACRES 30.80 4096A I LANDSCAPING & PARKING EASEMENT -(CREATED BY THIS PLAT) I N 16'25'20" E - 2,94' L PROPERTY UNE FOLLOWS CENTER OF PARTY WALL =64'03'39" R=60.00' L=67.08' ChB=S65'06'10"E ChL=63.64' / 1 AREA ADDED TO COLUMBINE DRIVE --�--AND LUPINE DRIVE PER / DEED RECORDED SET No. 5 REBAR 'MTH C% �A 1 J" ALUMINUM CAP O P.L.S. No. 30091 a S 33'04'21" E - 61.76' � 2 S 2833'14" E - 15.75' N 61'39'30" E r18.68' L y 61'26'46" E N OUTLINE OFS 28'33'14" EJ 3.00' � 12.75' DUPLEX STRUCTURE \ ��' F' S 28'33'14" E — 0.92' " 6' S� S 7" E .18- \\ \ -89.45'50 N R=5.00' \ L=7.83' \ \N0, ChB=S73'27'35�F ws ChL=7.06' LOT 148 0.3196 ACRES I i 40968 \ fD \ �0) N 4356'03" W — 23.22'f'\ %'\y FOUND No. 4 REBAR WITH A 1 }" YELLOW PLASTIC CAP P.L.S. No. 4974 (25' No. CORNER) SET No. 5 REBAR WITH A 1 ;" ALUMINUM CAP P.L.S. No. 30091 0. 0 hi' /66�y'1 FOUND No. 4 REBAR WITH A 1 }" YELLOW PLASTIC CAP— / < P.L.S. No. 4974 S 28'20'30" E \ 5.26' 83 ACCESS EASEMENT (CREATED BY THIS PLAT, SEE NOTE _) LOT 15 I GRAPHIC SCALE 20 10 20 40 BO ( IN FEET ) 1 inch = 20 fi, i*41Moe :jri LUPINE DRIVE, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO N 10*08'54" W - N 82°52'00" E - SCALE: 1 " = 50' Gore Range Surveying, PLC P. C Box 15 Avon, CO 81620 (970) 479-8698 • fax (970) 479-0055 \\=24°59'20" INE �RI�E R=60.00' LU P L= 26.17' ChB=S84°38'20"E ChL=25.96' E �0-- 99.3Z-,- - -15.62' 2°52'0/14.05/ / / / / - vlq -124.3 \ C) 82°52�0 0� � / TRUE POINT OF BEGINNING \ G� POINT OF BEGINNING \ I NORTHWESTERLY CORNER LOT 14 i LOT 14 0 PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF LUPINE DRIVE, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF SAID LUPINE DRIVE, SAID POINT BEING THE NORTHWESTERLY CORNER OF LOT 14, BIGHORN SUBDIVISION; THENCE ALONG SAID SOUTHERLY BOUNDARY N82°52'00"E 14.05 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY BOUNDARY N10°08'54"W 5.62 FEET; THENCE N82°52'00"E 99.32 FEET; THENCE 26.17 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 24°59'20" AND A CHORD WHICH BEARS S84°38'20"E 25.96 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY OF LUPINE DRIVE; THENCE ALONG SAID SOUTHERLY BOUNDARY S82°52'00"W 124.37 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS. EXHIBIT LOT 14, BIGHORN SUBDIVISION TOWN OF VAIL, EAGLE COUNTY, COLORADO LUPINE ERNE N 82°52'00" E - 34.33' -\ TRUE POINT OF BEGINNING � N 8 I 0=39*04'19" 1 POINT OF BEGINNING R=60.00' I NORTHWESTERLY CORNER LOT 14 L= 40.9 2'- I ChB=N52°36'30"W 1 I Ch L= 40.13' I I N 33*04'21" W - 61.76'- I II L 0 T 14 I SCALE: 1" = 50' 30091: /20/2015tr NAL LANa Game Range Surveying, LLC RGBox is Avon, CO 81620 (970) 479-8699 • fax (970) 479-0955 PARCEL DESCRIPTION: 0=23*33'16" R=125.00' :51.39' B=S16°33'52"E L=51.03' 28°20'30" E - 35.76' A PARCEL OF LAND SITUATED IN A PART OF LOT 14, BIGHORN SUBDIVISION, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, PER THE PLAT THEREOF RECORDED DECEMBER 3, 1962, UNDER RECEPTION No. 96766 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 14; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 14 N82°52'00"E 138.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N82°52'00"E 34.33 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 14; THENCE ALONG THE EASTERLY BOUNDARY OF SAID LOT 14 51,39 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET, AN INTERIOR ANGLE OF 23°33'16" AND A CHORD WHICH BEARS S16`33'52"E 51.03 FEET; THENCE S 28°20'30"E 35.76 FEET; THENCE DEPARTING SAID EASTERLY BOUNDARY OF SAID LOT 14 N33°04'21"W 61.76 FEET; THENCE 40.92 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, AN INTERIOR ANGLE OF 39°04'19" AND A CHORD WHICH BEARS N52°36'30"W 40.13 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 653 SQUARE FEET, MORE OR LESS.