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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 7 LOT 20A LEGAL.pdfVnrL 7t1 lrtA y'c'JViltaPs i RESoRTS DEVELOPMENT COMPANY May 10, 1999 MAY 13 1999 Peter Kalkus 365 South Street Morristown NJ 07960 Re: Lot 20A Dear Mr. Kalkus: Andy Daly has received your letter of April 23, 1999 expressing your interest in acquiring Lot 20A on Beaver Dam from the Town of Vail. Andy asked that I follow up and- rep!1, to you explaining cur ccnccrns regarding the use or dispcsition of this property. Lot 20A was conveyed to the Town of Vail by Vail Associates quite some time ago as part of a larger transfer of properties from VA to the Town. Most of the properties transferred were stream-tract or riparian properties near Gore Creek. Lot 20A as you ,ue aware is largely wet.land and was included in this transfer as it was the intent of Vail Associates and the Town of Vail that the property be preserved in its natural state and function as a small open space within the Town. We are researching the covenants which affect or restrict this property, but from the limited title information we have in our files it would appear that the Deed transferring title to the Town did not include specific use restrictions or rights of reversron concerning the property. Nor does it appear that specific restrictions were imposed limiting the Towns' legal authority to convey the properly to third parties. However, it was certainly Vail Associates' understanding and intention that the properties transfened to the Town, including this lot, were intended for ownership by the Town alone and as public open space. While we appreciate that you would permanently restrict the use of this property as green space, it would become "private" green space, rather than "public" green space. We believe this is a significant distinction and fear that a re-conveyance of this lot by the Town to a private citizen sets a poor precedent even though it serves practical ends. The Town may be entirely free to complete this transaction without our approval, but I hope you can understand our concem. Over the years, Vail Associates has conveyed a great deal of property to the Town for public purposes. Re-conveyance to private entities is a disquieting notion to us. Finally, in years past another adjoining property owner likewise sought to purchase Lot 20A from the Town and we expressed our concern at that time. As a simple matter of fairness and equity, I do not know how the Town should distinguish who might purchase the lot other than to put it out for bid if a sale was underlaken. However, in fairness to the prior inquiry, we believe our response here should be consistent with our earlier reservation as to sale. Please contact me if you have any questions or desire to discuss this matter at greater length. Very truly, VAIL RESORTS DEVELOPMENT COMPANY Date Receivet h- ;!k c1-:- David G. Corbin Vice President cc: Andy Daly Porter Wharton Tom Moorehead - Town of Vail Russ Forrest - Town of Vail /^--.-.\/----\^ V.rL R.sorr.