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HomeMy WebLinkAbout2021-14PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2021, First Reading, on the Town of Vail's web site, www.vailaov.com, on the 7t" day of July, 2021. Witness my hand and seal this 7t" day of July 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 14 SERIES 2021 AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN PROPERTY IN THE TOWN'S RIGHT-OF-WAY FOR WEST FOREST ROAD IN EXCHANGE FOR ALTERNATE PROPERTY, AND APPROVING THE ASSOCIATED EXCHANGE AGREEMENT, ALL TO ACCOMMODATE CONSTRUCTION OF TWO RESIDENCES AT 816 WEST FOREST ROAD WHEREAS, Mexamer Forest Road LLC ("Mexamer") owns the property located at 816 West Forest Road, Vail, Colorado; WHEREAS, the Town owns the public right-of-way adjacent to West Forest Road; WHEREAS, Mexamer intends to construct two residences at 816 West Forest Road, and to allow for access to those residences, Mexamer has requested that the Town exchange portions of the Town's right-of-way in West Forest Road with portions of what is now private property; WHEREAS, the properties being exchanged are of like kind and equal value; WHEREAS, the property being transferred to the Town is sufficient for the right-of- way for West Forest Road; WHEREAS, the Town and Mexamer have negotiated an agreement governing the exchange of property (the "Exchange Agreement"); WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the transfer of real property by ordinance; and WHEREAS, the Town Council finds and determines that the transfer of the right- of-way to Mexamer under the terms of the Exchange Agreement is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Exchange Agreement between the Town and Mexamer is hereby approved in substantially the form attached hereto, subject to approval by the Town Attorney. Upon such approval, the Town Manager is hereby authorized to execute the Exchange Agreement on behalf of the Town. Section 2. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the transfer of certain portions of the Town's right-of-way in West Forest Road, as more particularly described in the exhibits to the Exchange Agreement, to Mexamer, in exchange for the receipt of private property from Mexamer, as more particularly described in the exhibits to the Exchange Agreement. The Town Manager is 1 71112021 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCI8619E263-8B3F-4DCD-AOC7- C7AFBEB1AOE7WAIL GOV. 16741.1.816W FOREST TRANSFER-0063021.DOCX hereby authorized to sign all documents necessary to complete the exchange of such property, subject to approval of such documents by the Town Attorney. Section 3. 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. Section 4. 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 5. 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 6t" day of July, 2021, and a public hearing for second reading of this Ordinance set for the day of , 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2021. David Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 2 71112021 C: (PROGRAM FILES (X86)WEEVIA. COMI DOCCONVERTERPROI TEMPINVDC18619E263-8B3F-4DCD-AOC7- C7AFBEB1AOE7WAIL GOV. 16741.1.816W FOREST TRANSFER-0063021.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 14, Series of 2021, Second Reading, on the Town of Vail's web site, www.vailaov.com, on the 21st day of July, 2021. Witness my hand and seal this 21St day of July 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 14 SERIES 2021 AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN PROPERTY IN THE TOWN'S RIGHT-OF-WAY FOR WEST FOREST ROAD IN EXCHANGE FOR ALTERNATE PROPERTY, AND APPROVING THE ASSOCIATED EXCHANGE AGREEMENT, ALL TO ACCOMMODATE CONSTRUCTION OF TWO RESIDENCES AT 816 WEST FOREST ROAD WHEREAS, Mexamer Forest Road LLC ("Mexamer") owns the property located at 816 West Forest Road, Vail, Colorado; WHEREAS, the Town owns the public right-of-way adjacent to West Forest Road; WHEREAS, Mexamer intends to construct two residences at 816 West Forest Road, and to allow for access to those residences, Mexamer has requested that the Town exchange portions of the Town's right-of-way in West Forest Road with portions of what is now private property; WHEREAS, the properties being exchanged are of like kind and equal value; WHEREAS, the property being transferred to the Town is sufficient for the right-of- way for West Forest Road; WHEREAS, the Town and Mexamer have negotiated an agreement governing the exchange of property (the "Exchange Agreement"); WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the transfer of real property by ordinance; and WHEREAS, the Town Council finds and determines that the transfer of the right- of-way to Mexamer under the terms of the Exchange Agreement is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Exchange Agreement between the Town and Mexamer is hereby approved in substantially the form attached hereto, subject to approval by the Town Attorney. Upon such approval, the Town Manager is hereby authorized to execute the Exchange Agreement on behalf of the Town. Section 2. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the transfer of certain portions of the Town's right-of-way in West Forest Road, as more particularly described in the exhibits to the Exchange Agreement, to Mexamer, in exchange for the receipt of private property from Mexamer, as more particularly described in the exhibits to the Exchange Agreement. The Town Manager is 1 71112021 C:IPROGRAM FILES (X86)INEEVIA.COMIDOCCONVERTERPROITEMPINVDCI8619E263-8B3F-4DCD-AOC7- C7AFBEB1AOE7WAIL GOV. 16741.1.816W FOREST TRANSFER-0063021.DOCX hereby authorized to sign all documents necessary to complete the exchange of such property, subject to approval of such documents by the Town Attorney. Section 3. 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. Section 4. 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 5. 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 6t" day of July, 2021, and a public hearing for second reading of this Ordinance set for the day of , 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. David Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2021. David Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 2 71112021 C: (PROGRAM FILES (X86)WEEVIA. COMI DOCCONVERTERPROI TEMPINVDC18619E263-8B3F-4DCD-AOC7- C7AFBEB1AOE7WAIL GOV. 16741.1.816W FOREST TRANSFER-0063021.DOCX