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HomeMy WebLinkAboutVail Village Filing 3 Block 4 Lots 5 LEGALPreview http://192.168.2.224/...nda/Preview.aspx?ItemID=3232&MeetingID=0&MeetingDate=10/16/2012%206:00:00%20PM&MeetingTime=NA[10/11/2012 12:08:04 PM] VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 16, 2012 ITEM/TOPIC: A request to enter into a license agreement with David & Alexandra Ransburg for existing private improvements (patio & water feature) on town-owned streamtract (Unplatted), adjacent to 463 & 473 Beaver Dam Road/ Lots 4&5, Block 4, Vail Village Filing 3, and setting forth details in regard thereto. PRESENTER(S): Rachel Dimond ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with conditions, or deny the applicant’s request to enter into a license agreement with the Town of Vail for use and maintenance of town property for a patio and water feature. BACKGROUND: A duplex was built on the subject property in 1988, with no encroachments onto Vail Resorts-owned adjacent property shown on plans. In 1990, the applicant was granted permission to subdivide the property into three parcels, including one parcel for each side of the duplex and a common parcel. In 1990, Vail Resorts and the applicant submitted a number of documents to the Town of Vail stating an encroachment agreement would be executed, or said encroachments would be removed. The encroachment agreement was never executed, but the encroachments remain. In 1999, Vail Resorts deeded the subject streamtract to the Town of Vail. On July 19, 2011, the Vail Town Council unanimously approved a zero tolerance policy for encroachments into town-owned streamtract in order to improve the health of Gore Creek. STAFF RECOMMENDATION: Because the Town of Vail approved the encroachments in 1993, the Community Development Department recommends the Vail Town Council approves, with conditions, the applicant’s request. Should the Vail Town Council choose to approve the applicant’s requests, Staff recommends the Council include the following condition: “The license agreement shall include a clause that allows the license to be revoked by the Town of Vail at any time for any reason. ATTACHMENTS: Ransburg Memo 101612 Ransburg Attachment A Ransburg Attachment B Ransburg Attachment C Ransburg Attachment D Preview http://192.168.2.224/...nda/Preview.aspx?ItemID=3232&MeetingID=0&MeetingDate=10/16/2012%206:00:00%20PM&MeetingTime=NA[10/11/2012 12:08:04 PM] Ransburg Attachment E TO: Vail Town Council FROM: Community Development Department DATE: October 16, 2012 SUBJECT: A request to enter into a license agreement with David & Alexandra Ransburg for existing private improvements (patio & water feature) on town-owned streamtract (Unplatted), adjacent to 463 & 473 Beaver Dam Road/ Lots 4&5, Block 4, Vail Village Filing 3, and setting forth details in regard thereto. Applicant: David and Alexandra Ransburg, represented by Jack Hunn Planner: Rachel Dimond I. DESCRIPTION OF REQUEST • Permission to enter into a license agreement with the Town of Vail for use and maintenance of town property for an existing patio and water feature • The applicant would like to limit revocability of the license agreement to certain conditions II. BACKGROUND • A duplex was built on the subject property in 1988. • A design review application was submitted in 1993, with an electrical permit issued for the recirculating pump for the water feature on Vail Resorts property. • In 1990, Vail Resorts and the applicant submitted a number of documents to the Town of Vail stating an encroachment agreement would be executed, or said encroachments would be removed. The encroachment agreement was never executed, but the encroachments remain. • On December 21, 1999, Vail Resorts deeded the subject streamtract to the Town of Vail. • On July 19, 2011, the Vail Town Council unanimously approved a zero tolerance policy for encroachments into town-owned streamtract in order to improve the health of Gore Creek. However, improvements that were approved by the Town have been permitted to remain in place with license agreements that include revocability clauses. III. RECOMMENDATION Town of Vail Page 2 The Vail Town Council shall approve, approve with conditions, or deny the applicant’s request to enter into a license agreement with the Town of Vail for use and maintenance of town property for a patio and water feature. Because the Town of Vail approved the encroachments in 1993, the Community Development Department recommends the Vail Town Council approves the applicant’s request. Should the Vail Town Council choose to approve, with conditions, the applicant’s requests, Staff recommends the Council pass the following motion: “The Vail Town Council, on behalf of the property owner, approves the applicant’s request to enter into a license agreement for a proposal to maintain private improvements (patio & water feature) on town-owned streamtract (Unplatted), adjacent to 463 & 473 Beaver Dam Road/ Lots 4&5, Block 4, Vail Village Filing 3, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve the applicant’s requests, Staff recommends the Council include the following condition: “The license agreement shall include a clause that allows the license to be revoked by the Town of Vail at any time for any reason. IV. ATTACHMENTS A. Vicinity map B. Photos of improvements on town property C. Survey of improvements D. Letter from applicant’s representative E. Supporting documentation from applicant AREA OF ENCR OACHMENT B E A V E R D A M R D W F O R E S T R D BEAVER DAM CIR W F O R E S T R D Subject Property 0 100 200Feet V a i l V i l l a g e F i l i n g 3 , B l o c k 4 , L o t s 4 & 5Vail V i l l a g e F i l i n g 3 , B l o c k 4 , L o t s 4 & 5 (4 6 3 & 4 7 3 B e a v e r D a m R o a d )(4 6 3 & 4 7 3 B e a v e r D a m R o a d ) This map was crea ted b y th e Town of Vail GIS Tea m. Use of this map sh ould be for ge neral p urp ose s only. The Town o f Vail do es not warran t the accuracy of the information contained herein.(whe re sh own, parcel line wo rk is app ro ximate ) Last Modified: October 10, 2012 HUNN CONSULTING GROUP, LLC PO BOX 1095 / VAIL, CO 81658 970-390-4537 jack@hunnconsultinggroup.com October 11, 2012 George Ruther Community Development Director Town of Vail, Colorado 75 South Frontage Road Vail, Colorado 81657 RE: 463/473 Beaver Dam Road; Request for Inclusion on Town Council Meeting Agenda for October 16, 2012 Dear George: Please consider this letter as a formal request from my clients, David and Alexandra Ransburg, to be included on the agenda for the October 16, 2012, Vail Town Council meeting. Below I will explain the Ransburg’s request and the reasons for it. I will be at the Council meeting next week as the Ransburg’s representative to describe this situation further, to provide additional information, and to address any questions raised by Council. I would appreciate it if you would include this letter in the Council’s packet for the meeting so that they may review it in advance. BACKGROUND The Ransburgs have owned the property at 463/473 Beaver Dam Road since 1987. They constructed a duplex residence on it, which was completed in 1990. In connection with that construction, and in the few years after that, they constructed some improvements that encroached upon a parcel at the rear of their property. The encroaching improvements consist of landscaping, a stone patio, a stone drainage retention pond and related improvements that allow the pond to function as part of a water feature on the property as well. At the time the encroachments were built, Vail Associates owned the property behind 463/473 Beaver Dam Road (the “Tract”). At that time, the Ransburgs, through their counsel, negotiated an encroachment agreement with Vail Associates. That document was finalized and was, in fact, signed by the Ransburgs and returned to Vail Associates. All improvements constructed were subject to building permits and appropriate inspections by the Town of Vail. The Ransburgs are now under contract to sell their home. During the course of their buyer’s review of title and due diligence, it became clear that although the encroachment agreement was signed and returned to Vail Associates, it was inadvertently not signed and not recorded by Vail Associates at that time. It simply fell through the cracks, and the Ransburgs were not aware of this until now, when the property is being sold. The Tract was conveyed by Vail Associates to the Town of Vail in 1999, many years after the encroachments were constructed. George Ruther Director of Community Development Town of Vail, Colorado October 11, 2012 Page 2 of 3 REQUEST OF THE TOWN OF VAIL Our request is for the Town to grant to the Ransburgs, and their successors in title to 463/473 Beaver Dam Road, a license that permits the encroachments to exist on the Tract until such time as the Town requires use of the portion of the Tract upon which the encroachments are located, and so long as the encroachments are properly maintained and not enlarged. Upon the Council’s approval and direction, we will work with Town staff and the Town attorney to develop that agreement. RATIONALE We hope the Town Council will agree that there are many good reasons to formalize the encroachment upon the Tract. We believe these reasons are: 1. The encroachments are limited and are of benefit to the Tract. The encroachments consist only of landscaping, a sand-set flagstone patio, and the drainage retention pond and related equipment and facilities. We will present photos and survey documents at the Council meeting to illustrate this. In addition, the encroachments serve as part of a system of drainage run -off management from Vail Mountain, adjacent properties as well as the Town’s roadway system. Water collects in the uphill ditch along Rockledge Road and then flows under the Beaver Dam Road and across several adjacent properties, ultimately flowing into the pond adjacent to 463/473 Beaver Dam Road. Any sediment in the water settles in the pond, and excess water flows out of the pond onto the Tract in a controlled manner. Although the pond serves as part of a water feature that benefits the home, it also benefits the Tract and, in turn, Gore Creek. 2. The encroachments do not affect the Town’s stream setback. Preliminary measurements indicate that the encroachments are no closer than 270 feet to the bank of Gore Creek. The Town’s stream setback, at 50 feet from the centerline of the creek, is not affected. 3. The encroachments were approved at the time they were constructed. It is unfortunate that the encroachment agreement negotiated with Vail Associates in 1990 was not signed by them and was not recorded. However, it is clear that the encroachments were acceptable to the property owner at the time; in fact, a letter from Vail Associates was delivered to the Town in February of 1990 stating exactly that. It is also clear, from building permit and inspection records, that the encroachments were not objectionable to the Town at the time they were constructed. This makes sense given that they serve to help control drainage run- off for the benefit of the Tract. 4. The encroachments were in existence when the Town took title to the Tract. The encroachments had been in place for almost 10 years when the Town acquired the Tract from Vail Associates. That conveyance was made expressly subject to existing uses of the Tract as of the date of the deed. The George Ruther Director of Community Development Town of Vail, Colorado October 11, 2012 Page 3 of 3 encroachments have remained in place and have not caused any concern for the Town on a practical basis for the 13 years since the Town has owned the Tract. 5. Other properties in the area have similar, approved encroachments. For instance, the property immediately to the east of 463/473 Beaver Dam Road has extensive encroachments of landscaping and water feature elements. This encroachment is permitted under an executed and recorded encroachment agreement with Vail Associates dated just before the Town acquired title to the Tract in 1999. 6. Denying permission for the encroachment would be a hardship for the owner . As mentioned, 463/473 Beaver Dam Road is under contract, and the issue of this encroachment has been raised as a possible impediment to that sale. If the encroachment agreement is not granted, the Ransburgs may lose the sale. If the encroachments must be removed because they are not permitted, the value of the home will be diminished and adverse consequences would result from improper drainage that would affect not only the property but the Town’s Tract, as well. Thank you in advance for your assistance and for the Town Council’s consideration of this request. As mentioned above, I will be present at the meeting to make a short presentation on this matter and answer any questions that Council may have. Sincerely, Jack Hunn, President Hunn Consulting Group, LLC October 15,2012 Jack RUlln Hunn Consulting Group, LLC POBox 1095 Vail, Colorado 81658 RE: 463/473 Beaver Dam Road; Encroachment Dear Jack: I am writing to you to provide information you requested regarding the encroachment agreement for 463/473 Beaver Dam Road, Vail. At the time of construction of the duplex residence at this address I was a paralegal employed by Vail Associates. I worked with Larry Lichliter. In 1990, Larry was the person at V A who was responsible for handling requests by neighboring property owners for permission to construct encroachments onto property owned by VA. I specifically recall this matter. I remember that VA had approved the encroachment of landscaping and drainage improvements and the form of the agreement that would grant the Ransburgs a license in the VA property to maintain them as evidenced by a letter from Larry to the Town of Vail dated February 22,1990. I received two copies of the signed agreement from the Ransburg's counsel. I am not sure why the agreement was not signed by V A, but I believe it musl have been simply misplaced. I am not aware of any decision, and believe there was no decision, to withdraw VA's agreement to grant the encroachment license to the Ransburgs. If! can provide further information, please contact me. Thank you. Sincerely, G!:':t ~rt/ UNPLATTED LOT 4 LOT 5, BLOCK 4 VAIL VILLAGE -THIRD FILING LOT 2 LEGAL DESCRIPTION That part ot the NW 1', Section 7, Township 5 South, Range 80 West of the Sixth Principal Me:d;dian~ Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most westerly corner of LOt 5, BIQck. 4, Vail Village -Third Filing . :accordill9 to the ioap thereof r ,ecorded in the office of the Eagle County, colorado, .Clerk and Recoriler, thence ·N44,o52'4.9"W 31.00 feet; thence N32°07'53"E81.50feet, thence NSOo57 "46."E58.00 feet to the northwesterly line of said LOt 5, thence 'SJ,S'oll'4)nw 127 ':3~: feet. along' .sai(i northwesterly line, to the point of' beginning, 'Conl:aiJ1ingO.OO5a 'acresy more'oOZ-.less.. Date :__ ___-",eo·-L-_\..,'t._--,,~ -... __ Dannie torcaran Colorado PLS 16827