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HomeMy WebLinkAboutVAIL VILLAGE FILING 1 BLOCK 2 LOT D CHRISTIANA AT VAIL PARKING AKA FOUNDERS PARKING GARAGE LEGALTO: MEMORANDUM Greg Hall Kristan Pritz Ken Hughey Mike Mollica Dick Duran Todd Oppenheimer Mike Brake and Jill Kammerer November 29, 1991 Christiania Parking and Related lssues Ron Phillips Larry Eskwith Pete Burnett Andy Knudtsen Mike McGee Mike Rose FROM: DATE: SUBJECT: We have been working to resolve the ownership of the parking area north of the Christiania Lodge. This property is legally described as part of Lot J and all of Lot P-3, Block 5A, Vail Village Fifth Filing. In addition to resolving ownership issues related to this property, issues and interests regarding the Christiania Lodge's parking rights, Town of Vail right-of-way and encroachments by Mill Creek Court Condominium Association also need to be clarified and resolved. Our goal is to develop a position paper of sorts to take to Town Council for review and approval. Please review and respond to the following comments: Situations 1. Vail Associates owns Lot P-3 and the portion of Lot J discussed above. 2. Vail Associates has this property on the market. 3. At the time vail Associates sotd Lot D, Btock 2, Vait Viilage First Fiting to the Christiania-at-Vail, Inc., they also granted the Christiania Lodge the perpetual right to use Lot P-3 for Christiania parking. 4- The Christiania Lodge has been using part of Lot J for lodge parking for a number of years. {s,shown on the plat of VaitVilage Fifth Fiting, vaitAssociates dedicated a public right-of-way between Lots J and P-O to the Town of Vail. with the consenl of christiania-at-vail, Inc. and VailAssociates, a road was built connecting Hanson Ranch Road to Gore Creek Drive across Lot p-3. lmprovements which Mill Creek Court Condominium Association have made encroach onto Lot P-3 and adjacent Town of Vail rights-of-way. 5. 6. 7. I 8. 9. The Town of Vail Master Transportation Plan has identified this general area for development as a central loading area facility for the Village core. r!9 East Village Homeowners Assoc. advocates the development of a surface park with subtenanean, private, for-purchase parking on Lots J & p-9. Mlll Creek Condomlnlum Encroachments Variouswalkways, retaining walls and portions of the Mill creek court building encroach onto the Hanson Ranch Road right-of-way. The Mill Creek Court condominium Association (McccA) would like to resolve the issue of who is responsible for the maintenance of these areas of encroachment. presenfly, the Association maintains these areas, but who is liable in the event of personil injury? Town ol Vall Postilon wih regard to the walkways, retaining walls and building encroachments, we believe the Town of Vail should issue a revocable easement or revocable right-of-way permit to the Mill creek court condominium Association for all of the Association's encroachments . Under this revocable easement, the Association would be responsible for the maintenance of the encroachments. Further, the Association would assume all liability associated with this area of encroachment. As an alternative, the Town of Vail could assume maintenance responsibilities and liability for a fixed annual cost (renewed annually). Tract G, Vall Viltage Sth Filtng Tract G, on the west side of the Mill creek court Buibing, is owned by the Town ofVail. Presently, the McccA is maintaining and inigating this landscaped tract. The Association would like the Town to either transfer this landscaped tract to the Association or take over maintenance responsibilities. Town of Vall Poslilon At their own initiative, the Association installed the plant material and irrigation system on Tract G. We believe the maintenance of this tract should remain the responsiOility of the Association if it is the Association's desire that this area be maintained. Rlght-of-Way An Agreement was entered into on March 15, 196g, between Vail Associates, the Town of Vail and christiania-at-Vail, lnc., to resolve the right-oFway and parking issues associated with Lots J and P€. The terms of this agreement were never executed. Briefly, the platted rown of vait right-of-way bisects ine tot J/p-3 parcel. The Agreem€nt proposed the abandonment of the existing platted righi-of-way and the establishment ol a new right-of-way. This new righFof-way woutd be in generally the lssues 1. 2. 3. same location as the existing road through Lot P-3. The use of the newly-configured Lot P-3 would remain unchanged from the use of the original Lot p-3. Town of Vall Posltlon The alternatives which the Town could pursue include: 1. The Town of Vail could follow through with the original agreement. 2. The Town modify the Agreement to tie various leases andor the acquisition of V.A. owned land. 3. Another alternative would be for the Town to purchase the lots in order to implement the Master Transportation Study's recommendation to use the lotslor Village core loading and delivery facilities. Keep in mind that the East Vail Homeowners Association would like to use the lots as a park site. Chrlstlanla Parklng Needs At this time, the dedicated right-oFway, a portion of Lot p-3 and Lot J are being used for parking by Vail Associates and the christiania Lodge. under an agreement with v'A. the christiania has a perpetual right to park on a portion of tot p-3. However, the Lodge has been parking on Lot J for a number of years. The ,,official, number of parking spaces provided by the christiania on either Lot p-3 or Lot J has never been established. Flather, the Town has taken the position that the only parking associated with the Lodge's operation are located to the west of and immediately adjicent to the Lodge building. In order to proceed with any improvements to the Lodgewhich require the provision of additional parking, the Lodge must resolve with V.A. the question oi what parking rights it now has on Lots p-3 and J. Town of Vall Posltlon In conjunction with resolving the right-of-way issue with Vail Associates, the Town lltoyld encourage Vail Associates and the Christiania to work together to define the Christiania's parking. Mr. Jay Peterson Vail National Bank Building 108 South Frontage Road Vail, Colorado 81657 RE: Christiania Lodge SDD submittal Dear Jay, I am writing this letter lo follow-up the conversation we had today regarding the Christiania SDD application signalures which must be obtained in order for the Town to proceed with processing the Christiania SDD application. As we discussed in our meeting on Friday, December 13, 1991 with PaulJohnston and Kurt Segerberg, any parking associated with the proposed increase in density must be on property which is owned by the Christiania Lodge or on property which the Christiania controls through some legal instrument. With regard to property which the Christiania controls through some legal instrument, a title report for this property must also be submitted and lhe property owner must be a co-applicant to the SDD application (i.e. the property owner must also sign lhe application). The parking associated with the submitted Christiania SDD redevelopment proposal is located on property which the Christiania Lodge does not own. Therefor, the submitted Christiania SDD application is incomplete and cannot be processed untilthe necessary application signatures have been obtained. Three possible ahernatives which could be pursued are: 1. lf the proposed SDD submission remains unchanged, Vail Associates, owner of Lot J, must sign the application form and agree in writing that any parking located on Lot J associated with the Christiania Lodge will be permanently available to the Christiania. Additionally, atitle report verifying ownership and indicating any easements must be submitted. 2. The SDD submission could be modified to show parking only on the area of Lot P-3 shaded on the attached map (i.e. no parking woutd be proposed on the platted Town right-of-way or on the road which has been constructed east ol and adjacent to the Mill Creek Court Condominium BuiHing. Vail Associates signature would still be required on the application but the location of the parking would be in conformance with the July 10, 1963 easement agreement. 3. The SDD submission could be modified to show parking only on that paved portion of Lot D, Block 2, Vail Village First Filing (the Christiania Lodge property), which is located immediately west of and adjacent to the Christiania Lodge building. Under this scenario, no parking would be proposed on either LOI F-3 or Ld d therefore, V.A.'s signature would not be required on the aptcdlon. As you are aware, the Town of Vail will not process an application which is not complete. The only way your client's application can proceed to the February 24lh PEC meeting is if you decide to pursue resolution of the parking issue as set forth in "option 3" above. lf your client decides to resolve the Lodges parking pursuant to either "option 1 or 2" as the Town must receive and additional information/signatures no later than the Monday priorto the Tuesday advertisement submission deadline for the associated PEC meeting date. lf you have any questions or comments regarding this matter, please do not hesitate to contact me at 479-2138. Sincerely, JillE. Kammerer cc: PaulJohnston Kurt Segerberg Larry Eskwith MEMORANDUM TO: Town Council FROM: Public Works and Community Development Departments DATE: February 11,1992 SUBJECT: Christiania Parking and Related lssues Staff has been working to resolve the ownership of the parking area north ol the Christiania Lodge. This property is legally described as part of Lot J and all of Lot P-3, Block 5A, Vail Village Fifth Filing (see attached Map B). In addition to resolving ownership issues related to this property, issues and interests regarding the Christiania Lodge's parking rights, Town of Vail rightof-way and encroachments by Mill Creek Court Condominium Association (see attached Map C), also need to be clarified and resolved. The purpose of this memo is to outline staff recommendations on the issues related to this site for Council review. A. Fesearch FindinEs 1. Vail Associates owns Lot P-3 and the portion of Lot J discussed above. 2. Vail Associates has this property on the market. 3. At the time Vail Associates sold Lot D, Block 2, Vail Village First Filing to the Christiania-at-Vail, Inc., they also granted the Christiania Lodge the perpetual right to use Lot P-3 for Christiania parking. 4. The Christiania Lodge has been using part of Lot J and part of the Town's right-of-way for lodge parking for a number of years. 5, As shown on the November'15, 1965 recorded plat of VailVillage Fifth Filing, Vail Associates dedicated a public right-of-way between Lots J and P-3 to the Town of VaiL 6. A road was built connecting Hanson Ranch Road to Gore Creek Drive across Lot P-3. 7. lt appears the Town of Vail has a prescriptive right to a portion of Lot P-3 as the Town has continuously used and maintained this roadway for over 18 years. 8. lmprovements which Mill Creek Court Condominium Association have made encroach onto Lot P-3 and adjacent Town of Vail rights-of-way. 9. The Town of Vail Master Transportation Plan has identified this general area as a possible site for a central loading area facility for the Village core. 10. FI 1. The East Village Homeowners Assoc. advocates the development of a surface park with subterranean, private, for-purchase parking on Lots J & P-3. lssues Mill Creek Gondominium Encroachments Various walkways, retaining walls and portions of the Mill Creek Court building encroach onto the Hanson Ranch Road righfoFway. The Mill Creek Court Condominium Association (MCCCA) would like to resolve the issue of who is responsible for the maintenance of these areas of encroachment. Presently, the Association maintains these areas, but who is liable in the event ol personal iniury? Staff Recommendation With regard to the walkways, retaining walls and building encroachments, staff believes the Town of Vail should issue a revocable easement or revocable right-of-way permit to the Mill Creek Court Condominium Association for all of the Association's encroachments . Under this revocable easement, the Association would be responsible for the maintenance of the encroachments. Further, the Association would assume all liability associated with this area of encroachment. As an alternative, the Town of Vail could assume maintenance responsibilities and liability for a fixed annual cost (renewed annually). Rlght-of-Way An Agreementwas entered into on March 15, 1968, between Vail Associates, the Town of Vail and Christiania-at-Vail, Inc., to resolve the right-of-way and parking issues associated with Lots J and P-3. This agreement was executed (signed by all parties), but the terms of the agreement were never performed (see copy of "Agreement" attached). Briefly, the platted Town of Vail righlof-way bisects the Lot J/P-3 parcel. The Agreement proposed the abandonment of the existing platted right-of-way and the establishment of a new righl-of-way. This new right-of-way would be in generally the same location as the existing road through Lot P-3. The use of the newly-configured Lot P-3 would remain unchanged from the use of the original Lot P-3. The roadway was constructed in it's present location over 24 years ago. lt appears the Town has a prescriptive right to this land. Staff Fecommendation Some of the alternatives which the Town could oursue include: 1. The Town of Vail could work with all parties to follow through with lhe original agreement. 2. The Town could pursue obtaining clear title, through the court syslem, t0 the portion of Lot P-3 to which we believe we have prescriptive rights. 2. 3. The Town could retain ownership of the platted right-of-way plus the "prescriptive right" roadway and use both as leverage to influence the eventual outcome. We do not want to end up purchasing something we once owned. 4.. The Town could modily the Agreement in order to tie various leases and/or the acquisition of V.A. owned land, to the performance of the Agreement. 5. The Town could purchase the lots in order to implement the Master Transportation Study's recommendation to use the lots for Village core loading and delivery facilities. 6. The Town could purchase the lots in order to construct a park/underground parking area. 3. Christiania Parking Needs At this time, the dedicated right-otway, a portion of Lot P-3 and Lot J are being used for parking by Vail Associates and the Christiania Lodge. The owner of Lot d, Block 2, Vail Village First Filing (the Christiania Lodge property) has a perpetual easement and right to use area P-3 as and for a public parking lot for passenger automobiles, as said easement is described in instrument recorded July 10, |963. However, the Christiania has been parking on Lot J for a number of years. The "official" number of parking spaces provided by the Christiania on either Lot P-3 or Lot J has never been established. Flather, the Town has taken the position that the only parking spaces associated with the Christiania's operation are located to the west of and immediately adjacent to the Lodge building. In order to proceed with any redevelopment proposals to the Christiania which propose the provision of additional parking on Lots P-3 or J, the Christiania must resolve with V.A. the question of what parking rights the Christiania now has on Lots P-3 and J. Staff Recommendation The staff should either enter into a lease with the Christiania Lodge to allow lodge parking on the road right-of-way or require the lodge to discontinue the use. In conjunction with resolving the right-of-way issue with Vail Associates, the Town should encourage Vail Associates and the Christiania to work together to define the Christiania's parking. 6) '-t o tri!< o (rF3 83\ H* Y 3.(vo gs b#EaF zHEe* ^r,JH Fo Ets f-, L_,r' 4;Fqu)t-E= lrJ x)-=z z.:fo cn Jg LLo z =oF /;sr vt r-6-ts F z tr z E. UJ E. 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" ri. ::-'il: t.(;.r;tf ]tD:..'t. ..r= -..i : - -- :i.:,,;- : i Tilrs AG&iEMt;li!, darcri .rs oE uhc Ft ctay of UJ,-, ;:':i : :968, bctur..cn VAIIr ASSoCIATES, INc., a colorado corporatr.,.1 ..'l .: . i ' ,:rci.c.!n.rt'ter referrcd to as VAIL ASSOCI'|\TES), CiIRISTIJ\NIi- ' : a^--. . .'.'-'-Vir.!L, IliC., a Color'rdo ccrporation (lrereinafter reEcrrc'' : :oa::CIlR-.StiA\IA),.rndtheTowiiorvAIL,aCo1orado,,.'unic. -, . ipni corporation (hcrein'it-ter referrg'd to 'rs TOWN): '':i . If rrNEssETH: : ,., t.,a1 rtr?r - ' WIIEREAS, by warranty Ceed dated July 8' 1963' VJIiL A3socinTEsconveyedcertainProPerty,includingLotd,Block : : 2, Vaii Village, iirst Fiting, according to the recor'jcd i .ciac chereof , to CIIRISTI/\NIA, and on the sane day the abot/e I :. par..icsexccutcdanA9reerncnt,ddcedJulyB,1963,more..' j _ . --..._, I -: 1 , iions of land or'rned by vAfL ASSOCIATES adjoining the lot I-.\ ..'soliiocl:RISTIANIAwerereglattedandarenowdeslgnated: as VrlILr VILLAGE, FIFTH PIIJING; and l'JHEReAs,upontheformationoftheTot$i'VAI],ASSOCfATES a ccdicated the roads located on thc plats within the bound- arics of the ToWN to publlc use, and convcyed its right' . -..-' ,.:.: -..-:_ .J-.:__::.';'* I 'oi the roaclw.rys t .. .:' , i. .1o tltc TowN, the Toml, with the knowledqc :... ' -j --\ and consent o.€ \'ArL AssocrA?Es and CtarsTrANrA. constructeA: il , ]. :.::€ . .r loadw('ry across Lot p-3 conneeting Gore creek Drivc and Ilanson Ranch Road to the vrest of and in lieu of the connect- rng roadway as shown on the plat of VAIL VILLAGE, FIFTH. FrL'iG' and the TowN lntends that such constructed roadway rrill be made a public roadway ind thot thc connecting road- way shown on ,rc pl.rt of Vr.\fL VILI-,AGE, FfFTII F'LING vill be vacated. and tj.tle transferrcci back to VAIL ASSOCfATES, and , _ ICHEIIEAS, it, is in the interests of all bhe partics tha.. these natters be clarifitci, NOW, THEREFOI€, in consideration of the nrutual promises m.:Cc. by each herern, ihe p.rrties agree as follows: I. VAIL ASSOCfATES will dedicate to the public and . conve:, to the TCIO{ a curved, forty foot (40,) ri.ght_of_way dcross the westerly portion of Lot F_3, VAIL VTLL/IGE, FIFTH lilillc (and CHRISTfAi{IA consents .ro such conveyance), pro-- vided rhc Tol'n{ wilt prov'de v.1rl ASSOCTi'''ES an indernnifica- tion and hold harmlese agreement for any li.rbillty or to thc. Jr '- -t -:.: -2- cxtended, ghatl I e ugcd for tbe purposes and uees as sct'forth for lol P-3, vArL vILLAcg, FIFTH FILINC, in the proteetlve cr venants for VAIL VILLAGE, FIFTII F:IING iff.a for record oJ November !5, 1965 In Book 18? at Page 353 cf the reai proPerty records, Eagle County, Colorado. 4. CHRISIIANIA shrll receive ldentlcal easement rights i.n and on that portion of the vacated roadway described in paragraph 3 above. adjoining Lot P-3, upon sucb roadvay being vacrted and fee simple title veeting in VAIL essocrAlgs. At such time. VAIL ASSoCIATES wil.l execute.. and dellver to CHRISTIANIA the necessary casement grant ln recordable fom. 5. The non-exclusive perpet,ual easenent and right to use Lot P-3 as and for a public parking lot for Passengea autornobLles granted lnitially by VAIL AssocfAtgs to CHRISTfANIA ahall continue, but only for the rresterly portlon of Lot d, Block 2, Vall Village, Filst Filing corveyed by CHRISTIANfA to a thlrd party. CHRISTfANIA, at tho tlne of lueh conveyance.. 1,i11 record the appropriate docunent, 1n recordable form, rhorrlng euch eagen:ent to run tr,':l:' wrih rlr,rt. porelou. of Lol ci, l.!lock 2, Vail ::.-.-_Fj.rsc, Fil ing, nnd not wi:ir Elrlt portion of Lot Vi I loge, d, Dlock - .rl :, -V.ril VLIlage. Fj.rst Filing not conveyerl . (r. In Eh -'t event that CIIIIISTInNIA eonvcys f ce oimple t j"bia to the wer;larly por.iion cf Lot d, Iriock 2, v.lil Vi!l;qe, lirst Filrng vi.thin the next ,r1 d:rys, ancl both th-' 5rurchaser .rnd ClRISTliNfA exccutc .rnd deLiver to vrlfi, ASSOCiTITES ltndow.l"'r's agreements in thc form attached jtereto, anci uhc pu; ch.1ser has agrecd in vrrtt ing to the tr-'fms of th15 Agrc'e:r:ent as thei' relate to the ro',dw.rys, Lot P-3, '"frliL Vr-I&i'GE, FfFTri I:II.INO, and the non-exclusrve easement for p.rrkj.ng, VAIL rtJ$OCiiTES will waive aIl rights it has or nalt have in the agreenont d,ited JuIy 8, lgf)i br.'Eween VAIL ASSOCIA?ES and CiIRIS?IINIA, and Lhe terms of the new :,.1ndovrncr's agreement attached hereto shall take thc' place of such prio.r agrecnrenti and spccifl'ca1ly, CHRISTIANIA and the purchaser agree to conform uith the rul.es .rnd regulaiions of the Planning and ArchiLcctural CDntrol comnittec, zoni'ng laus, protect j.'re covenants, r'.1 Lr's and regulations covering vail villaga, F!r;.;t Filing "rnd vail vilLage, Fifth l'iling' ' 7. This agr'ce,ncr,i sh,rl! inurc to the benefit of and. he binding upon tho heirs, succcssors and assigng cf the ?- I .: 1' : it --!j 8,. ]I t: it. t.: {,. i:t hFf; :i. F,Ei g: $- fti!,* ,r F t; r ,| l1tt for propcr const! tction. ! IN WITNESS ?HEREOF, i,:rre;nent ef Eectj. re as of r', r i ttcn. ( S...;r I ) i.seaI) r.n/F?Qir. ATTES?: the p.rreies hdVC the daY and Year ''' rord used trereln EhaII ancl ncutcr gende r vhcnevcr necesso rY executed thi6 first' abotre nATIIIED AI{D x.c.T,, rNc. APPBOYED XsY 31, 1968. ,1..) / sv ! z4/;'*, cH R r sr r ry:4- P'S -v ^rL, -6- trrrr o? coLnr f, uerr courr' Lr I Sartt crtltt 'f Ti{t-,t.-l[.*--::' : .i A.t a- lnz /-= Sc<-. ,/ puJ- $ef*.reel 1fr'C YIGPa'ae* t 1 f1{2,77.,*u c tt'+?- / a' (- csf 24 ' (- F*, D ffl i' i,,, . ,, i , .,..:,,;tt1 PRIYILEGED AND CONTIDENTIAL MEMORANDiIlT TO: TOWN COLi-NCIL FR: Larry Eskwith DA: February 26,lggz RE: LOT J A]tiD LOT Pg, BLOCK SA, VAIL VILLAGE sfH FILI}IG Til$q A.Backsround !o say the least, the situation on Lots J and pB, Block 5A is confi:sed. Both LotsJ and P3 are owned by vail Associates. on November 18, 1,965, a plat was record.ed. foq Jail viiiage 5th Filing which contains a d.edication ciri"c *re town of vail apublic right-of-way between Lots J and pB. However, to date,-the Town ofvail has never utilized this right-of-way for a public street. The Town of Vail built a road cgnnecting Hansoa Ranch Road to Gore Creek Drive asross Lot pB subsequent tothe dedication of the public right-of-way between Lot J and Lot pB. The Town ofvaii road is not built in the area of the dedicated public right-of-way. At the timeVail Associates sold Lot D, Block 2, Vail Village f st fiUng to the Christiania at Vail,Inc-, they also granted the christiania Lodge " p"rp"to"l easement for parking purposes on Lot P3. A copy of this easeuent is attached to this merno as Exbibiia Instead of parking on Lot P3 as provided for in the easement, the chistianiais presently_utiiizing Lot J and a part of the dedicated Town ofVail public right-of-way for parking purposes, and has been doing so for a number of ylars. Mips A, ,B, and C are attached showing the general area of concem. : onllarch 15, 1968, vail Associates, Inc., christiania at vail, Inc., and the Town ofvail entered into a written agreement, a copy of which is attached to this memorandum as E'rhibii B. In the agreement, the parties agreed as foilows: 1' vail Associates was to dedicate to the Town a 40'right-of-way across the westerly portion of Lot P3, apparently meant to duplicate the roadway that the Town ofVail constructed connecting Gore Creek brive and Hanson Ranch Road. simultaneously, the Town was to vacate the connecting roadway between Gore creek Drive and Hanson Ranch Road which was deiicated to the Town on the plat of Vail Village bth Filing. The christiania was to receive from vail Associates a parking easement tothe public right-of-way between Lots J and p3 once the Tow-n'vacated thatright-of-way. Subsequent to the signing of the agreement by ail of the parties, the parties failedto execut€ and defiver the various defications, vacations,-and. easements called forin the agreement. However, the parties proceeded to act as if all such d,edications,vacations, and easements were, irr fact, executed and delivered. The Town of vaiicont"'ued to use the 40' right-of-way connecting Gore creek Drive and Hanson Ranch Road as if the area had been dedicated to'it, and no objection was made byeither the Christiania or Vail Associates. Further, the Christianla, rather thanparking on Lot J as provided for in the oid easement agreement, has ieen parking on the area which was-dedicated as a pubric right-of-way on the recorded plai o?vail village Sth Filing between Lot J and Lot pB and on a portion of Lot J, fssues In my conversations with Jerry Arnold of vail Associates and Jay peterson, whorepresents the Christiania, they made it clear that it is their position that the Yq.n 15, 1968 agreement between vail Associates, the christiania, and the Townof vail was enforceable, because the parties have acted since the signing of theagreement as if it were, even though the necessary documents canea ror in the agreement were never executed and deli.vered. lhus, it is their opir:ion that theTown of Vail has the legal right to maintain its roadway between Hanson B^anch r Road and Gore Creek Drive as it presently exists, and that the Christiania has theright to cantinue parking in its present location. The Town Council, of course, could agree to leave things as they presently are and go forward with the execution of thenecessary documents to complete the contract In the alternative, the Town ofvail could take the position that the March 18, 196gagreement was not performed by the parties within a reasonable period of time.'There is no date set forth in the agreement iiself for performance, so whatconstitutes a reasonable period of f'me for performance is a question of fact. If theTown took tlris position I suppose it coutd .lu;- th"t it had a prescriptive right tothe porbion of Lot PB which it has used and meintained. as a roadway for thJ past eighteen years, and, in addition, has the dedicated right-of-way set forth on the plat 9f V_"t1 Viilage 515 pil;ng. It is my opinisp, howeve-r, that a court would hry veryhard to find an iaterpretatioo ol tt " contract and the actions of the pa*ies subsequent to the contract which would be more equitable in its effect. e C. Conclusion A situation has existed f-or many years resulting in confusion to the affecteil parties as to what they own and what their rights are ia regard to l,ot PB and Lot i. tn" Towu Council needs to make a decision as to what they feel the appropriate use of the area should be given the legal complexities. The way things pt"r"otly stand,, thechristiania is uncertai:r whether ;f has a right to -utilizJ iot pB io, p*fuog pursuant to the p*petual easement agreement between itself and Vail fusociat€s; or whether it should be parking on Lot J as set forih in the March, 1g68 agreement. The Town of Vail and Vail Assosiates can not be certain whether or not the Town has obtained a prescriptive right to the present location of the road, or whether acourt would consider the Town of Vajl's use of that right-of-way to be in accordancewith the March, 1968 agreemenL Jay Peterson indicated to me that in order tociarify all issues related to laad use aa.d title on Lot P3 and Lot J, he may l"ing aquiet title action in District Court if the parties can not resolve the issue-betwe;n themselves. To further complicate the matter, it appears that the Mill Creek Court Condominiurn Association has improvements located on the portion of Lot PJ which the Town presently uses as its roadway. They should either be made to removetheir encroachments or th.e Town should grant them the right to leave the encroacbments on the roadway by entering into a right-of-way encroachment agreement with the condominium association. e\LTJ&P3-]4AU EXHIBIT A '.ti Frrr o? cot l ,1,,T::-'::ll ' DrF Atz lnZ $er*'qe'tfuQ,P-'z'aau t t/A 'c 'F scr<- ' / /{4TiIIS ACREEl,iljliT, d.rtcd .-rs of thc ':,-16E, bq'tur:cn VIIL ASSOCLIrES, INC. , a ColortCo corporaC:.c,.i r.rc::ein.rfteE t€f.:(tc-d to as VAIL ASSOCIATES), CIIRISTIANIA- .','j-'ii'.!L, IliC., a Color.rdo ccrporation (hereinaf ter retcrrc': 1r as clllt:sTiAsiA), .rn<i thc Towli oF VAIIJ, a colorado .-,unic- ip;: ! corporation (harein;,f ter referr'-'C to as TO'/IN ) : IfTfNESSETH; HIIEF,EAS, by h,arranty deed dcted July 8, 1963, V;tiL ASSOCiATES conveyed certain ProPerty, including Lot d, Block ?, vaii village, iirst Filing, according to thc reccrcied .eiai. chereo:, to SIRISTIANTA, and on the sane day the aborze p.rr''-ics exccutcd an Agreencnt. ddted July B,'1963, more t ,.-, ' cor,ii.on ly called a landowner's agrecnent; and ._t' h-JEREAS, subscguer'l! to sucr sale to CHRISTItu\IA, Por- tions of, land o,,rned by VAIL AsSocfAtES adjoining the lot soli io C.!:RISTIANfA were replatted and are now designated as VAIL VILLTIGE, flr.Tli FILING; anci l'.-dER!AS, uPon the for:nation of, the TOlfli, vAfL ASSOCfATES dndicated lhe roads located on the'Orna, within the bound- arics of the TOWN to public use, and conveycd its rightr. -.- .A <l.ry of m--.( , d,.rtlc orrd lntcrc5t in such roeiw .rccep E ing such ., ,onvc.y; nce.; ancl i J"' ,l..1 r.r i +'n^ e^--1-.- : i. i o: tne roadw'rys to thc TowN, the TomI, wit-L !!-- r,, - . . -t - 'ir - -l>= l'='"ano consent of .'ArL .ASSocrA?ES and c!firsrrA'rA, constructcd: r.=. - ,_, .. _v.tY-|srrsL_r. _ -. '' ' . 't roacway across Lot p-3 connecting Gore creek Drive and ., - N' .''' ilanson Ra:rch Road to the ,rest of and in lieu of the connec!_<. i !',r.r '^i,:1.-,-.- -- -r.^'j ,. if adway as Shown On the nl ir ^f rr.t -? r,.,\r.. s.,E p!,r L uf v.{i j. VILLAGE, FIFTI{ .'FiLiNG,andtheToWNInten<isthatsuchconstructedroadwa.l wilr be rnade a pubric roadway nnc that the connecting road- rray shown on thc pi.rt of VAIL VfLI,AGE, FIi?U FfLfNG will be vacacea. and title trans.ferre<i b;ck to vArL AssocrATES; and' , !{FiE:rEAS, it is in ihe inter".sts of al.l the parti,es thnt these matters be clarifi*a, NOW, ITTERIIOi€, in eonsideration of the mutual promises n;de. by each herein, thc p;lrties aqree as follows: t.- VAIL AssocfAtEs will dedicare to the public and :ccnvev to the TCI{ti a curved, forty foot (40,) rlght-of_way dcross thc r*esterly portion of lot p_3, VAIL VILLAGE, Fla'rm tIL:l.fG (and CHRISTIiI{IA consents to such conveyance), p;e- vi.ed thc TCWN will provide Vif: A.SOCf.\TES an indemnifica_ tion and hold harrnlesa agreehent for any liability or ays to thL' TOWN, -2- rtherly rlght-( !-way bound<lry o{ }lanson Ranch Road|., cxtended, ahall I e ugccl for the purposes and ugcg as act'forth tor Lot.p-3, VAft VILI*AGE, FIFTH FIL,,fNG, ln he protrctlve tr v enanls for VAIL VILLACE, FIiTlt .FIIDTG i:{.flled f,or reeord on Novernber 15, 1965 1n Book lg? at Page 353 lf the reai. property records, Eagle County, 4. C{RfS?IANIA ehail recetve ldentlca! eaeement'1 i- 3? '. C - -:-j ': rj.ghts in and on that portion of the vacated roadway such roaduay being vac:fed and fee aimple title vestj.ng in VAI! ASSCCfAT9S. At such tirae, VTII. SSOCI.ATES Hill .; ,";ii:i execute and dellver to CI{USIfANIA the necessary casenent ii ' aF! n+ i - recor<iab le fo:nr.- ':{'. . ..';. . :.; 5. Ihe non-exclusive perpe'.ual easement and rj,ght -;. ' ., ' to use Lot P-3 as and for a pr.rblic parking lot for passenger ' autonoblleg granted initialty by VAIL ASSOCfATSS to I ', . CHR.XSTfINIA ahal1 continue, but only for the westerly. .. :.:, pori,lon of lpt d, Block 2, Vall Village, Flrst Fillng : coweyed by CSRTSTIANIA to a thj.rd party. CHRISTfANTA,: --- -J-- l,e--J' , _:_",:, ., i .. ; at tho tirne of luch conveyancc, uill record the appropriate .- .a o,:ll'wri,h f:l.rc porCiolt.of Lot d, ltlock 2, Firsq, Fil ing, nnd not wi:h tlral portion of 3,'.V.ril VLllagc, First Frling not convcycd.' .:-'- . 6. In th-1 evcnt that CIilUSTIiNIA ccnveys fce oimple E t-lic to the wer;terly por.:ion of Lot d, Iliock 2, V.ri.l Viti;ge, .?lrst F iling vi.th in the next /8a drys, ancl botl: th.; Jrr.i<chaser and C:: i{:S iiilNf A e-xecute .rnd deliver !o VAfl. ASSOc-ir1?SS la;rdown..r's oqreernents in thc forrn attached ;:ereio. and uhc pu:'ch.rser has agrecd in wri,!ing to che terns of thls Agreenent as the]' reiate to ihc ro.,dw.rys, Lot P-3, t/AiL ViI.Lt'G3, FfF?Ii FILINC, and the non-exclusirre easement ^'or p.rrking, Vrlil. A.:SOCI,ITES will waive all rights it has or nal, have in the agrer:nont d,ited July 8, l9r,:J becwcen VAIL iSSOCfAtEs and C'IRISTjiINIA, nnd the t,e rms of the new i.rnCovr::cr's agreement attached hereto shall take thc' placc oE such prio.r ogrecrnent; and ppccificllly, CHRfSTIANfA and the purchnser agree to confon with the rules .tnd rcgulations of the Plrnning and ArchiEcctu:al ControL Conrnittec, zonlng l,.rus, pf otect i're coverrants, ri: les and regulations covering Vail Vit1agu., Flrst Fillng and Vail Vj.Ilagc, Fifth Filing. 7. Thi.s aqrcenrcrr'. shall inurc to the bencflu of and bc binding upon tho hcirs, succcssors and assigns cf the Lot Vi I logc, d, Bloc,k -5- -a-'+ rhL'rcofi and the singular the plural' for.proPcr constr tction' i.\- WIANESS }I{EBEOF, the i.'-:rccment ef f ecti re as of the rt, !- i ctcn. (srrl) i.seaI) rir.rttq?. BATIIIID AIID l{.c.T., INc. ,r('H, word uscd he re in ancl ncutcr gender whencvc r neces s.l af p.rr:ies have executed this day and year first obo're vAri., Ass By -6- eltrrtr< 1"3dEoF KiF9aFE4ldrt-3z \q. b ts -\ .t L.JF -3 kz. E,t!r-ltttt1___J\) Lfl :< G tr -Ltr E I 5JI E. oz F J z a :t FX(JY :<* F z HEegH+ F U $'?t .V Qt^ L--'--'r'1Q - \ \,/ "o*\, li AF $/s.r{ s \ bft 5Pvl 5 I !' /\/\ /\ lilttrlrlI/\\ I1l\ /t\ Iv \J \ /\\-\\\\ ---t ,) ]\-4 /- / / -4L4 / / '/ (,.-'-- / /--'' v o 5rI I - \N "3i;.,-t g,#f" ffi ffi E 0 rl||l @Dl . o$l-.t\tlt%'2 {r q$., tjw ),';h.t ,,ego \$-, :-"\t--{ I ldOri ill-1r\i ri[ i- -"*P.- -o!*+ - t\ \u\a\ 11 ,ry MEMORANDUM TO: Town Council FROM: Public Works and Community Development Departments DATE: February 11,1992 SUBJECT: Christiania Parking and Related lssues Staff has been working to resolve the ownership ol the parking area north of the Christiania Lodge. This property is legally described as part of Lot J and all of Lot P-3, Block 5A, Vail Village Fifth Filing (see attached Map B). In addition to resolving ownership issues related to this property, issues and interests regarding the Christiania Lodge's parking rights, Town of Vail righFof-way and encroachments by Mill Creek Court Condominium Association {see attached Map C), also need to be clarified and resolved. The purpose of this memo is to oulline staff recommendations on the issues related to this site for Council review. A. Research Findinqs 1. Vail Associates owns Lot P-3 and the portion of Lot J discussed above. 2. Vail Associates has this property on the market. 3. At the time Vail Associates sold Lot D, Block 2, Vail Viilage First Filing to the Christiania-at-Vail, Inc., they also granted the Christiania Lodge the perpetual right to use Lot P-3 for Christiania parking. 4. The Christiania Lodge has been using part of Lot J and part of the Town's right-of-way for lodge parking for a number of years. 5. As shown on the November 15, 1965 recorded plat of VailVillage Fifth Filing, Vail Associates dedicated a public right-of-way between Lots J and P-3 to the Town ol Vail. 6. A road was built connecting Hanson Ranch Road to Gore Creek Drive across Lot P-3. 7. lt appears the Town of Vail has a prescriptive right to a portion of Lot P-3 as the Town has continuously used and maintained this roadway for over 18 years. 8. lmprovements which Mill Creek Court Condominium Association have made encroach onto Lot P-3 and adjacent Town of Vail rights-of-way. 9. The Town ol Vail Master Transportation Plan has identified this general area as a possible site for a central loading area facility for the Village core. {n B. 1. 2. \5. The East Village Homeowners Assoc. advocates the development of a surface park with subterranean, private, for-purchase parking on Lots J & P-3. lssues Mill Creek Condominium Encroachments Various walkways, retaining walls and portions of the Mill Creek Court building encroach onto the Hanson Ranch Road right-of-way. The Mill Creek Court Condominium Association (MCCCA) would like to resolve the issue of who is responsible lor the maintenance of these areas of encroachment. Presently, the Association maintains these areas, but who is liable in the event of personal in,iury? Staff Becommendation With regard to the walkways, retaining walls and building encroachments, staff believes the Town of Vail should issue a revocable easement or revocable right-of-way permit to the Mill Creek Court Condominium Association for all of the Association's encroachments . Under this revocable easement, the Association would be responsible for the maintenance of the encroachments. Further, the Association would assume all liability associated with this area of encroachment. As an alternative, the Town of Vail could assume maintenance responsibilities and liability for a fixed annual cost (renewed annually). Right-of-Way An Agreement was entered into on.ldaC-1S,-iFs) between Vail Associates, the Town of Vail and Christiania-at-Vail, Inc., to resolve the right-otway and parking issues associated with Lots J and P-3. This agreement was executed (signed by all parties)' but the terms of the agreemenl were never performed (see copy of "Agreement" attached). Briefly, the platted Town of Vail right-of-way bisects the Lot J/P-3 parcel. The Agreement proposed the abandonment oi the existing platted right-of-way and the establishment of a new right-of-way. This new rightof-way would be in generally the same location as the existing road through Lot P-3. The use of the newly-configured Lot P-3 would remain unchanged from the use of the original Lot P-3' The roadway was constructed in it's present location over 24 years ago. lt appears the Town has a prescriptive right to this land. Staff Recommendatlon Some of the alternatives which the Town could pursue include: 1. The Town of Vail could work with all parties to follow through with the original agreement. 2. The Town could pursue obtaining clear title, through the court system' to the portion of Lot P-3 to which we believe we have prescriptive rights' 3. The Town could retain ownership of the platted right-of-way plus the "prescriptive right" roadway and use both as leverage to influence the eventual outcome. We do not want to end up purchasing something we once owned. 4. The Town could modify the Agreement in order to tie various leases-1 and/or the acquisition of V.A. owned land, to the performance of the Agreement. 5. The Town could purchase the lots in order to implement the Master Transportation Study's recommendation to use the lots for Village core loading and delivery facilities. 6. The Town could ourchase the lots in order to construct a park/underg round parking area. 3. Christlanla Parking Needs At this time, the dedicated right-of-way, a portion of Lot P-3 and Lot J are being used for parking by Vail Associates and ihe Christiania Lodge. The owner of Lot d, Block 2, Vail Village First Filing (the Christiania Lodge property) has a perpetual easement and right to use area P-3 as and for a public parking lot for passenger automobiles, as said easement is described in instrument recorded July 10, 1963. However, the Christiania has been parking on Lot J for a number of years. The "official" number of parking spaces provided by the Christiania on either Lot P-3 or Lot J has never been established. Flather, the Town has taken the position that the only parking spaces associated with the Christiania's operation are located to the west of and immediately adjacent to the Lodge building. In order.to proceed with any redevelopment proposals to the Christiania which propose the provision of additional parking on Lots P-3 or J, the Christiania must resolve with V.A. the question of what parking rights the Christiania now has on Lots P-3 and J. Staff Belcommendation-*"'F"""" !, , ,- ,r - si '.' I ' 1 The(s1fr-)rrould either enter into a tease witn tdb Christiarn\a Lodge to ailow todge parking on the road right-of-way or require the lodge to discontinue the use. In conjunction with resolving the right-of-way issue with Vail Associates, the Town should encourage Vail Associates and the Christiania to work together to define the Christiania's parking. ---rglt IFtl 5t l-l L = ---iq trl I El *-Br d EL--ffi 4sFcatsEz P!z.E tr z E, hJ E. l!F - = \ a. N \l<E fl J 2 t-t-o z = ;sn -o- l<t EH\{ *F :< d<a(\r o f rr*oxEi F zHie*hJU t|- F(, e,F o lrJEd1<g' qB tE ",lG. <\l "\l"i\\ ? il\? (J F u tr Ft 636* 1**'7./ ,.a" oo" lo V ! .8It7 ,80i -_^4.% -- ----*at_-g--t \o$ -'..o9 ! o I It I rl a t-\ I,s I' , -..:. (I 'l () tlo -a og.t-ir o', r-/ l'- rtoo: G t{\-rdt $lq \ l+ i5 s ;-ll /\, -""'// 6).'/L-='re\-\ -\.7 4 v *, iA v \ \ \ \ -1\i\ \"\ a.i T \ I I \ I \ I \ \ \ \ I II I I I I *1 E\ t'l rJ J \I \ \ \ \ \ \ \ \ ,\rl \i\ \' J \.,o o qz fE XE 6h-l!l ra r'1 L-lct FI.{ (,z>x >= f;Fe =EHilJC)F FH*EFT <idE>6u.,Fl ;tl<- U \ =(E. E :. G(J. (, 'I /a F 'r.f;*r ' - i.'; ..-i-: .irsi;itrts . I,."rrc:.''' ri""',:fff.f;ifi..i . :'.r t. i-1; ! r' ' il::' ''* I r'' 't 1_" '{j:r' ' r. ., !€, 't ,4 TiIIS AGREEI4ETT.-T, datcti 'rs of th'-' f ,A rlay of m--."( , :16g, betwLacn VAIIJ ASSOCTATES' INc., a cOlorado corporati'/'1 \Jci.crnat.tcr referrcd !o as VAIL AssocI^TEs}, ci.IRrsllANIl. .',i-Vir.I!r Il{C., a colorado ccrPor'ltion (hereinafter regcrrc"' i.o .rr C:lR:Stf eSfe), and the Towli of VAIIJ' a Colorado ':unic- lp;iL corporation (herein;r-ter referred to 'rs TOWN): !fITNASSETH: HIIEREAS. by warranty deed drted Juty 8' L963' VhiL AiSociATEs conveyed certain property' including Lot d' Block 2, Vaii villagc, First Filing, according to the recordad -riai chereof , to gIRISTIANIA, and on the sane day the abo're i 1 pariics exccutcd an Agreencnt, dated JuIy B ' L963 r rnoE€ ': . :..-.. .. : conr,only called a landowner's agrecrilent; and ' . ' -: ...'..t:_ :.: yt*rIER^EItS, subscquerrt to sucil sale to CHIUSTIAIiIA' Por- -: ; tions of land ovrned by VAIL AsSoCIAtES adjoining the lot i: fl soli Eo CI:RISTIANIA were rePlatted and are no\d designaled : i as VrlfL VILLAGE, FIFTH PIIJIIIG; and ';.l ! l't{ER?As, upon the formation of the Torni' vAfL ASSoCIATES *t'i ccdicatecl lne roads located on the plats within the bound- .; aricsofth€TowNtopubl1cuse,andconvcycditsright,. . .: '* _----. {-l::i .f -4 'll-t : n(i r{r'lI}1Eii'l ,' r'-. h'IiEf€lS, artbscquolrt to sucb dcdlq3gi6n and acceptance .. ,:q..!. r.!-t;sPEdncc.,: : _, t':'oi :he roadlr.rys to thc TOWN, the TOmr, vrith the knowtnrta.,v" -r--\.Y q. : :j... _-=..-..1 ano consent of I'AfL ASSoCIATES and ClnfsTfANfA, constructed: : . a- . .. -:_:::lti: .1 roadway across Lot p-3 connectihg Gore Crcek Drivc.lnd : ._ : r ilanson Ranch Road to the west of and in lieu of the conncct- rng roadway as shown on the plirt of V;It VILLAGE, FIFTH. ' Promlses FrLrliG' and the TowN rnten<is that such constructed roadwa,r will be made a public roa,Jway and that the_ connecting road_ uny shown on Hrc ptat of virL vILr.AGE, FTiTII rrLINc will be vac.]tedandtitletransferrccibacktovArLAs5ocIATEs;andl WHE:{EAS, it is in ihe inter...sts of all the parties that these matters be clar:ific.ci, NOW, fHEREFORE, in consideration of the mutu.rl m;Cc' by each herein, lhc p"lrties agree as follows; t: VAIL ASSOCfATES will <iedicate to the public and convev to the TCI,IN a curved. forty foot (4Ot) right-of_way rcrors the westerly portion of Lot p_3, VAIL VILLAGE, FIFTH r-iLil,lG (and CHRISTfJ\i,IIA consents to such conveyance) , pro-j vicled t,he TOWN wilI provide V.1f! Assocf.tTEs an indennifica- tj.on and hold harmless agreernent for any li.rbillly or -2- i:. axtended, shall I e uscd for the purposelr and uacs aa .CAt'fOTth fOr lOI P-3, VArL VILI4GE, FIFTH FII.ING, IN the protrctlve cr venanls for VAIL VILLAGE, !.lmf, FILING ':: -+ fi.led for record on Novernber 15, 1955 ln Book 187 at Page 353 ;f tbe rea! property records, Eagle County, Colorado. 4. GIRISTfAIIIA shrlt receLve ldentlcal eaeement rights in and on that portion of the vacated roaduay described, in paragraph 3 above, adjoining Lot p-3, upon euch roadvay being vactted and fee simple title verting in VAIL ASSOCfAT9S. At such tine, VAfL ASSOCIAfES rr,ill execute_ and dellver to CHRrSTfANIA the necegsary caeemenl grant in recordable form. 5. fhe non-exclusive perpetual easement and right to use Lot P-3 as and for a public parking 1ot for passenger automobiles granted lnitially by VAIL ASSoCfAtES to CHRfSTfANIA shall continue, but only for the westerly portl.on of Lot d, Block 2. Vall Village, First Filing corveyed by CHRfSTIANIA to a thlrd party. CHRISTIANIAT at tho tlrne of rueh conveyance, wllL record the appropriate . document, ln recordable forn, ahowlng such eagement to run. :. i- o,iI:' w ri,lr tlr.rt, part lon of LoL ci, Otock 2, Vait '....FIrsc, Filing, nnd not wi:h th;rt porEion of Lot' ' ..: :,-V.riI vLllage, First Frling not conveycd. Cr. fn th-. cvcnt th.tt CIIIUSTIINIA convcys fce oi'rnple ti-tio to the ver;terly Por.:ion of Lot d, lliock 2, v,ril Vi !l;qe. .rirsi F ilrng vith in the next /8a d;rys, ancl botlr th* grr.irchaser .rnd CllRISiirlNfA e-tccute .rnd deliver to V*1fL ASSor-'ir'\TES landown.'i's .)greements in the form attached :lereco, and uhe pu. chaser has agrecd in wri:ingr to the terrns of th:s Agreenent as they re i.i te to ihc ro',dw..rys , Lot F-3, l: il.I.r*'j, and thc non-exclus tve ease:rentyalIaJ V.llliritbl, 3I.r rn I r.i.r.\'J, <lliq L.iL' lr(/rr-s^qier i'or p.rrking, VAIL rr.:5OCii'TES wilt 'daive aIl rights it' has or may have in the agrec'nrrnt d.ited Jul,y 8. l9(:l be'cween VAIL TISSOCfAIES and CIiRiSTIINIA, and the terms of the new iandovrncr's agreement attached hereto shrll take thc. place oi such prior agrecrrenti and spccific.rtly, CHRISTIANIA and the purchiser agrce to conforrn with the rules .rnd rcgulatiOns of the Plan;1ing and ArchiEcctur,ll Conlrol Conmittee, zoning l.rvls, pfotect j.'re covellants, rrtles and rLrgulations coveflng vair village, Flr:it FiLlng 'rnd vail vi!lagc' Fifth l'illng' 7. This agrccmcn: sh.lll inurc to the bencfiu of and. i're binding upon the hcirs, succcssors and assigns cf the -5- t t t I f.. i n i.'t: I .-i. i !i it t:, !!t, i{ 9P. F"i1 F t!:. F.. F FI ilt*it '-{i;.if F:rIt F, ,f: 't: ilttt nc. of atl'/ femin inc e plural, word used and ncutcr wheneve r '.,. herein shall i:-:- gender necessory : ir.:!!,cill€ht ef fecti tc as of rv r i Etcn. (sral) lSeaI) the P.rrcj.es h.rve executed thie the daY and Year first abo're VAiL ASS By MTIIIED AIID ll.c.T. , 1l{c. APPBOYBD XrY 31, iN WITNESS ?IIEREOF' cHRrsriryii)- F3 -v ArL, tx "r(,14, -6- fi couttlmt Atz lnr +s 56<-, / pqJtt-'D rrrtd b anlf (rorddl .2,12 . t lrirkrL rrl Attn: Mike Brake Greg Hall Pete Bumett Todd Oppenheimer Mike Rose Jim Marshall Jeff Atencio Mike McGee Dick Duran Ken Hughey Development Fleview Team Wednesday at 10:00 a.m. December4, 1991 Please Be On Timet Aoenda Pam Brandmeyer Caroline Fisher Martha Flaecker Kristan PriE Mike Mollica Jill Kammerer 7 Andy Knudtsen Shelly Mello Betsy Flosolack Police X Planner MM 1. AK 2. JK 3. JK 5. BR 6. 4. Russell's Deck Hughes Residence Lots J & P-3 (North of christiania) (Discussion regarding how to proceed) Lionshead Mall Construction Management 0/ Lifthouse Landscaping (Sundial plaza) P.W. X X Fire X X X X X Status Flon Byme driveway - 16 Forest Road o,(p/r/,i^rc€ l*'ej Address Maps '.'/:8,(#,? x ffii,t vrn#Y o,g.cref iaz4 otrr/-, %t;./tX,% urat- ''/ aa6//y*&), *2!1tfia-, -' rZt't ztzq .' /@/aJ&/_!ssa.^u- lJ, k"-/o!_ah / P:P- r(enai.- f"^, /*qnvarT*'-7/44 ft+4.,<otz !ry, n?,. tI// re-7/a,n aa ,/*t@r/t"-/aaz'-h tlfrffffuo"- --"/ /as/-ze/n'w,fu r. /rzr' /r/z/ fl-zk 1a4-fu-en'da'z<- */fy 4"/*,,,tu,/d lryj ot/e/ruo4, ' *%f;!/"*- 4 j}duz4b7 -/- ,th.zrgrn, /4,/"4 flrL<,mcziee ,tb""/ a,.* f4+- {":, 4g/Z W{ /7 rt/'tc/oal U';;L:ffif*t /4 . n)of 4Vu2- ^/ '4 /o / /// " o' a)' -"'b€ '*'7 4 etr;dr/"-d ftry ,rylc+/azz= ,h,<z^,aLLdt-'. .&&,, z"u.n4 Stsce r a4 7g-zar/ez/e.-asl x.U firu, €/e"/tt c fthtc*.t ; .rurfu- tr --*Alt 'd'u/ W ui1 -'f'13 ' ftd X *,ou:/a al"za- -,rnas,/ y'z ,zza,zea, gfu t* tn &r/a J1,."'f a/"n'a de/4,, czmdt< rzn a'21*za/- -,- \---'O A C/e//fu'J4 czmd-zt '27-/7 d'7t{ e?4t2./2 . () -/ , \_-./ . ./ ./ ? 6:- 1--64o/az- -lrelc.( ',b -P"D //,//7A.r,.68€.' gpza--^- {-brtoaa+* -r,ez.{ 'fuVzarzfe *;4-g , #*ot ,/;r* dy, c/e,r1yz a.zt : -Tlztq) "ry'd, ^q*-,/ur .6asz *-'--on ) -c,/Jo (e4a_4- | l" TO: MEMORANDUM Greg Hall Kristan Pritz Ken Hughey Mike Mollica Mike Brake and Jill Kammerer November29, 1991 Christiania Parking and Related lssues Ron Phillips Larry Eslwith Pete Burnett Andy Knudtsen FROM: DATE: SUBJECT: We have been working to resolve the ownership of the parking area north of the Christiania Lodge. This property is legally described as part of Lot J and all of Lot P-3, Block 5A, Vail Village Fifth Filing. In addition to resolving ownership issues related to this property, issues and interests regarding the Christiania Lodge's parking rights, Town of Vail right-of-way and encroachments by Mill Creek Court Condominium Association also need to be clarified and resolved. Our goal is to develop a position paper of sorts to take to Town Council for review and approval. Please review and respond to the following comments: Situations 'l . Vail Associates owns all of the lots listed above. 2. Vail Associates has this property on the market. 3. At the time vail Associates sold Lot D, Block 2, vail village First Filing to the Christiania-at-Vail, lnc., they also granted the Christiania Lodge the perpetual right to use Lot P-3 for Christiania parking. 4' The Christiania Lodge has been using part of Lot J for lodge parking for a number of years. As shown on the plat of Vail Village Fifth Filing, Vail Associates dedicated a public right-of-way between Lots J and P-3 to the Town of Vail. with the consent of christiania-at-vail, Inc. and Vail Associates, a road was built connecting Hanson Ranch Road to Gore Creek Drive across Lot p-3. lmprovements which Mill Creek Court Condominium Association have made encroach onto Lot P-3 and adjacent Town of Vail rights-oFway. The Town of Vail Master Transportation plan has identified this general area for development as a central loading area facility for the Village core. The East Village Homeowners Association would like this area developed as a park. 5. 6. 7. 8. 9. ,1 lssues 1. 2. Mill Greek Condomhlum Encroachments Various walkways, retaining walls and portions of the Mill creek court building encroach onto the Hanson Ranch Road right-of-way. The Mill Creek Court Condominium Association (MCCCA) would like to resolve the issue of who is responsible for the maintenance of these areas of encroachment. presently, the Association maintains these areas, but who is liable in the event of personal injury? Town of Vall Posltlon with regard to the walkways, retaining walls and building encroachments, we believe the Town of Vail should issue a revocable easement or revocable right-of-way permit to the Mill creek court condominium Association for all of the Association's encroachments . Under this revocable easement, the Association would be responsible for the maintenance of the encroachments. Further, the Association would assume all liability associated with this area of encroachment. As an alternative, the Town of Vail could assume maintenance responsibilities and liability for a lixed annual cost (renewed annually). Tract G, Vail Vlllage sth Filtng Tract G, on the west side of the Mill creek court Building, is owned by the Town of Vail. Presently, the MCCCA is maintaining and irrigating this landscafed tract. The Association would like the Town to either transler this landscaped tract to the Association or take over maintenance responsibilities. Town of Vall Posltlon At their own initiative, the Association installed the plant material and irrigation system on Tract G. We believe the maintenance of this tract should remain the responsiOitity of the Association if it is the Association's desire that this area be maintained Right-of-Way An Agreement was entered into on March 15, 1969, between Vail Associates, the Town of Vail and christiania-at-Vail, Inc., to resolve the right-of-way and parking issues associated with Lots J and P-3. The terms of this agreement were never executed. Briefly, the platted rown of Vait right-otway bisects ine tot J/p-3 parcet. The Agreement proposed the abandonment of the existing platted right-of-way and the establishment of a new right-of-way. This new right-of-way would be in generally the same location as the existing road through Lot p-3. The use of the newiy-configured Lot P-3 would remain unchanged from the use of the original Lot p-3. - {' 3. Town of Vall Posltion The alternatives which the Town could pursue include: 1. The Town of Vail could follow through with the original agreement. 2. The Town modify the Agreement to tie various leases and/or the acquisition of V.A. owned land. 3. Another alternative would be for the Town to purchase the lots in order to implement the Master Transportation Study's recommendation to use the lots for Village core loading and delivery facilities. Keep in mind that the East Vail Homeowners Association would like to use the lots as a park site. Chrlstlania Parklng Needs At this time, the dedicated right-of-way, a portion of Lot p-3 and Lot J are being used for parking by Vail Associates and the christiania Lodge. under an agreement with V.A. the christiania has a perpetual right to park on a portion of Lot p-3. However, the Lodge has been parking on Lot J for a number of years. The ,'official" number of parking spaces provided by the christiania on either Lot p-3 or Lot J has never been established. Rather, the Town has taken the position that the only parking associated with the Lodge's operation are located to the west of and immediately adjacent to the Lodge building. In order to proceed with any improvements to the Lodge which require the provision of additional parking, the Lodge must resolve with V.A. the question of what parking rights it now has on Lots P-3 and J. Town of Vail Posltlon In conjunction with resolving the right-of-way issue with Vail Associates, the Town should encourage Vail Associates and the Christiania to work together to define the Christiania's parking. L-/WL./rf*__ VAIL TOWN GOUNCIL Tuesday, May 21,2002 1:00 P.M. NOTE: Times of items are approximate, subject to change, and cannot be relied upon to detormine at what time Council will consider an item. Joe Russell, Police Department- 2Oyear anniversary. (5 min.) ITEM/TOPIC: Liquor Licensing Authority (LLA) (2 vacancies), and Housing Authority (HA) (1 vacancy) interviews. (30 min.) ITEM/TOPIC: Critical Strategies: Retreat Foilow-Up. (30 min) ITEM/TOPIC: Discussion of the proposed Supplemental Ordinance and changes to the 5 year Capital and Real Estate Transfer Tax (RETF) budgets. (20 min.) ITEM/TOPIC: Lionshead View Corridor #2 Discussion. (45 min.) (lf Council wishes to go on a site visit, time has been allotted for it.) An update to the Town Council regarding the adoption of the Lionshead View Corridors. View Corridor 1 is located approximately at the main pedestrian exit of the Lionshead parking structure looking southwest towards the Gondola lift line. View Corridor 2 is located approximately from the pedestrian plaza atthe east end of the Lifthouse Lodge looking south up the Gondola lift line. ACTION REQUESTED OF GOUNCIL: Provide staff direction regarding View Corridors #1 and #2 in Lionshead BACKGROUND RATIONALE: On November 13, 2000, the Community Development Department initiated the process for the adoption of the Lionshead View Corridors. The planning and Environmental Commission reviewed the proposed View Corridors on November 13, 2000, and forwarded a recommendation of approval to the Town Council. The recommendation was forwarded to Town Council in December of 2000. The Town Council requested that View Conidor #1 be re-surveyed and that View Corridor #2 be considered at a later daie when more information about the core site redevelopment was known. In May of 2001, Council requested that both view corridors be resurveyed and brought back at a later date for consideration for adoption. Both view conidors have now been resurveyed and are attached for reference. On July23, 2001, the Planning and Environmental Commission reviewed the proposed changes to the View Corridors. As a result of the changes, which varied from the original view corridors proposed in the Lionshead Redevelopment MasterPlan, the Planning and Environmental Commission requested additional information regarding private property and the effects of the amended view corridors on piivate 1. 2. 3. 4. Steve Thompson Bob Mclaurin 5. Russ Forest F : mcaster/agend0s/tc/2002052 I 02ws development rights. Staff has retained the services of Design Source of Vail to provide photo images of the view corridors with private proper$ lines interpolated onto the views. The Lionshead View Corridors are tentatively scheduled for review by the Planning and Environmental Commission on June 24, 2002. After the Planning and Environmental Gommission makes a recommendation, the Lionshead View Corridors will be scheduled for Town Council. RECOMMENDATION: As staff is requesting direction from the Town Council, there is no staff recommendation at this time. 6. ITEM/TOPIC: AIPP Program Update. (45 min.) Leslie Fickling - Summer Exhibition, Commissions- 2002 Workplan ACTION REQUESTED OF COUNCIL: Give permission for AIPP to proceed through the development review process. Authorize a "People's Choice" Award BACKGROUND RATIONALE: l. The Art in Public Places Program is exploring the possibility of a summer "Artist in Residence" program beginning in 2003. A small building in Ford Park near the picnic pavilion has been identified as a possible studio. The VRD currently use the building for storage and are willing to vacate the space. AIPP would like to apply for a conditional use permit. lf granted, AIPP will need to repair and restore the building and meet ADA requirements. 2. AIPP would like to inform the council, as required by our guidelines, of artist commissions and exhibitions including: Summer sculpture exhibition in Ford Park. Six Colorado artists have contributed seven sculptures. AIPP is would like to sponsor a "People's Choice" Award. The community would be given the opportunity to select a new piece of public art for the Town. One sculpture from the show would be purchased for permanent display. Elaine Calzolari has been commissioned to contribute to the design of Donovan Park playground. Lisa Fedon has been commissioned to design railings for the new pedestrian bridge at Gore Creek Promenade. Barbara Baer has been commissioned to provide a design that will be applied to the Deer Migration Fence to be installed along the bike path near Dowd Junction. STAFF RECOMMENDATION: Give permission to proceed through the development review process or amend the Ford Park Management Plan. Give permission to sponsor People's Choice Award and set budget. 7. Matt Mire Dwight Henninger Steve Wright ITEM/TOPIC: Discussion of a proposed amendment to Title T,Chapter 3 of the Town Code regarding removal, storage and disposal of abandoned vehicles. (20 min.) F:mcastcr/agendas/wv050702 8. 9. 10. +p{ RECOMMENDATION: Amend Title 7, chapter 3 to allow the Potice Department to contract for towing, storage and sale of abandoned vehicles while retaining the Town's current procedures. ITH|TTOPIC: DRB/PEC Report (15 min.) lnformation Update. (5 min.) Matters from Mayor and Council. (5 min.) Executive Session - Land Acquisition/Negotiations -c.R.S. ?4-6402(4)(a). (30 min ) Adjoumment. (5:10 P.M.) 11. 12. NOTE UPCOMING MEETING START TIMES BELOW: (ALL T|MES ARE AppRoxtMATE AND SUBJECT TO GHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSIONWLL BE ON TUESDAY, JUNE 4,2002, BEG|NN|NG AT 2:00 p.M. tN THE TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETINGwLL BE oN TUESDAY, JUNE 4,2002, BEGINN|NG AT 7:00 p.M. tN Tov couNctl CHAMBERS THE NEXT VAIL TOWN COUNCTL REGULAR WORK SESSIONwLL BE oN TUESDAY, JUNE lS,zooz,BEGtNNlNG AT 2:00 p.M. tN THE Tov COUNCIL CHAMBERS. THE NEXTVAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, JUNE Ig,ZOOZ,BEG|NN|NG AT 7:00 p.M. tN TOV COUNCIL CHAMBERS sign langlage interpretation available upon request with 24-hour notification. Please cail 479-2332 voice or nig-zes6 TDD for information. F :mcaster/agcndaVws/050?02 ,"f-M ,'ul+t{4k rrtol Drol]lcuvr @vatNms - I8jffll, vrll baoclrtaa, Inc. , a colorrato corporatlon, istb. do.a ot tb. lrDdr a$crruei ii iiiiiii fii]'1..."n.o r,".".or',c h.r.by r.{. r prrt rrrror (. rGjllll-iiJp"lti. i , _ |8n!l8, vrll traoct tLGa, tnc. h.ralnrfter looetime!r.t.rr.d to rr orn.r, d.rlrr. to pircc ".iiiii..iiitrrcrionr on the ii!#:.{-!ti!::,?.:iliii.i:l :n- *liiil;i";*;*;:j;,i:1.: ji'r,n. D.at ur. ot thr tubjact p!oparc!,. - IOf, TMlfCRt. ln conridaration oI thc preolre!, V.ll^t.octrt.r, tnc.. lor ttr.l! .nd iti giiil..i , .lJ."orro." "noSli1_:{!,t!t"tr.i:ti"r,:-f"*il;l; Jilii!';::il;;i:::ii,," g$$#rn :**lL;fr itrl*:t*;*ru * :, . i. Li J usa. T!. ?ubj:ct prop€rty, thalt be used forprlvrtc and publlc, rtruclur.d and unlt rirctuiid,.-oi t _s tr."t vehlcle?il-ili;.lllriirvrt! ."d prurc par*r-i;-;;;;;.;;' r'.r ritreE. ;;d 2. EFFECa tD DURITIo|| OF CorrlNA}fts. The condtti.on6.reltrlctlonl, rtlpulatlona, rgrrGnant, and covenanls contalnerl herein:ffi 'i"fi :H.:TrTil'::oi1-lt-l;l;aiiie "i"i"i;;i-::bl:.. p,opertv, ,::::.:o:,, -,.n;;.;;.ti;li_i''{:ifi i.":J'lnlli.::;t,:ff .il";,li;''rorc. tnd .ff.cr untrl .].nulfy r, zoir, .l-"ii;,'ti"" they lhall berutoorctc.tty .rt.ndGd for rtirc ir"..iir". ;;;; ;; tcn years erjh. J. EXPORCEIIENT. :t:tiil .ffi",' Inl"i', liii?:" :":l ;,rhlr ln.rru!.nt, vrtl r.iirii.l,, rI". .i., ,." succesaoraor 'trlgtl., ot "ny.F!f or ra iuuJect-i.op"r.y o..^ylnt.rsrt tb.raln, ht!-agcntr o, e"pi"i..l. nay, but.hrll not bc und.r our rirtion-ioil;;;;;; the provtaionrof thlr tn.trur.nt byr - 3.1.1 antarlng upon tha prop€rty vhsre thevlolrtlon orranovtns, .dlifi :lS :i::i$'l':-ii:i.ll:^,ruch ,.lf_h.lp.ah.lt onty ue iieicirei atter!r!y.ins stv.n frrt..n rrsi aivi p.iJi irrttennotlcr to uc orncr or o*neri o?-irri i.opurtyuDon yhlch rhc vlohtlon exfsti ail-plovlded rheoyn.r shatl h!v. flllod ,itrrin-"r.i li_. .o .ox"ruch lstlon !th. covann r,,li ilt b. nac€!!!ry to contorn to .'.'... : 9oratl,Oa. lat h.r.to rt l.h.}nr On th., .Dd lt. Pra|trec ta, V.l IItd tdge.'tonr ut|orrt thcrcof.ct to tharhichb€n.ft! ofucc€trort r€d forat v.hlcl. lltlct, and It lonr,rtncd harcin:t propcrty, rrctn, hlrr ln lullr ahall bc!tr3 crch, ron ah! I Irlont olccco30rr or anybut ovl!lona th. n, , !.1.2 lnrtltutlng ruch proc..dlngr rt I.l. orll "yuftv l rey.ue rfird;I.i;-;;-;;il1.. tn.provtrlotrr o! rf,tr. rniir;iii, -r"i"6iii I dce.ndfor lrJunctlv. nlrrr to -pirJl.i'ii-li&y ,r,.rhrcrt.n.d or rxtrtlns "rliiiiJi ;i ;;; coven.ntrand for d&aqaa .:hiri:'ffirii;:"ffip" .gant to rccrlvr rnv notlc. provld.d ioi-i!.irr, .no toaccapt servlcG of oiorccrr in'"ny ""u,i -i.oi.ua i "qbroqght to anforca th.-provlrtonr of thl. lnrErunent.A"..rl'^ notr c. _r.gul rrd'ndir *, i i - il.i i"n..i -.ili r u.urrttcn lnd th.ll rucctfl tr,i - "ioii iil"-ol"li."...n.o:l:l::1"" obJ.ct.d io, .n. p.op.rty rubJect to thevrotrrlon rnd rh.tl oclnc ioeiir.i"i iiii..i"."coy.aut. ylthln ftft6.n ttrl iiy---.it.i.thi..g rvrne oC:::l l"::".. r! . ftqr. roreonauri aiioii iiil pu,,o,,gtvtng tha nortco rh.Il uc unerii i.-JliiJlii tnc aaa€perronally to tha person ro rholr ie ii-Jiillt"a .na8h!ll bc un.bl. to'obtlln a rcturn rJ".ipi-if,orr nedelrvcry o! rottce to,th. pcrron l"-tii.it-i" dlr€ct.d,thGn thG requlr.d notlcr rirall u.'a."lri.I iJrii"ientfyervcn tf po.tad upon tr,e propcrti Jlii?iuli'i, thr nottcetnd halled to thc t.!t knoyn lddreta of th6 p.'lron rovhoD thG notlca lt dlErctGd. ., .nli_,fii#3l#fiFr"il;:ll.;:'::.:l :ll.:":,.j.:::.o:fl:ii,?1"H,i';l::.:io.:lr::.:". "u,"i pi""i"ii"i^iii.i."iirr,erurn in,, aXSCUTED TSIS !5rh dry o! t{ovsnb€ r, 1976. vrIL ASSoctA"Es, lNC. , aColorrdo corporrrion gyl 11'l r-l^ SIA"E OF COLORADO COUNTY OP EACLE 43. th(, :ak€ t Thr for.golng lnrtrurnent ers rcxnovledged before me thrfEia'ffiL::ve iE- rE sEi erd-i-Sdli-F colo=r i joof ftlncta ay hand and offlct.l rerl. lly comriaslon explrctt I -2- l.'rF r; 3.L- lrtlllt 'l' fat f-2, VrlMlt.g. f1!$ ttfbg. County ot !.91. ud 8trt. ot colorado AIID t part ol I vrcrtad portlon ol ErnfoD Rrnch notd batraan Gora cr.at rid ead Gor. cr..l brlvr er plrtt.d ln vrtl vlllrgG tllth Flllng, corurty of lr9l., 8tata of coloreito. ahd rcro P.rglculrrly dc.crlbad .a tollour r Cm.nctne at. golot on thc C.nt.r line of x.n3on RaDch Rotd, ..ld potnt uo lig tnr lolnt bt lntcrr.ctlon of th. c€ntGr tltrc of rr!'d lenron rrnih noad rnlt tha xorthG.ttarly llna of Gor. crcck Road, tbanc. tlorthcattarly .long th. cGnt.r llna o! trld Hanron Ranch Ro.d .nd oa en rngl- o! 90'00'00' lro reld North6att.rly llnr of Gor. cr..l ro.d 52'9{ ta.t to I polnt ot curv., th.ncc along t!ld-- c.nt.r llaa rnd rlong I curva to- th. l.ft havlng I rldlur of 16l.ll fcct, I CGntrrl angli ot {?'21'05', an arc dtttrnco ol 133.39 lGGt to . tFlDt of tangintl thlncr rlong .!1d cantcr lino rnd .long 3a1d trr|grnt . d lrtrncc ot 20.OO fert to a Potnt of lntGrs.ctlon vlth th. 8o{lhvrrtrrty llna oa Gora crrc} l,rlv3t th€nc€ on an angle to th' l.ft o! tO'OO'OO' .nd .long .!1d southecst.rly lln. 10.00 feet, th.nc! oo rn rngl. to th. loft ol lt0'00r00' rnd along th! Northraatrrly linc of Hlnaon nrnch Ro.d and llong r curve to t\G rlght havlng-r radlur of 20.00 f.Gt, I Centrll lngle of 90'00r00'. en-rrc dtlalinca ol !1.12 lelt to I Point ol coDPound curve; ttranc€ .long s.ld Northra3tcrly llnc {rnd rlong srld cotrPound culve to th' rtghi having r r.dlu. oi ttt.tt fcct, . canlrrl rn9l6 ot 47"2tr05'. an-rrc dlatinc. o! 116.8? t..t to ! Polnt ol tangGnt, thenc€ llong t.ld Northeastarly llna lnd llong rrld tnngont 32.91 leet to a golnt of curvet thcnsG along aald nortlHcatarly llne and rlong t iurvc to ths rlght hlvtng ! rldlut of 20.00 tcct, a Contr'l nngle ot 9o'Oo'OO" rn rrc tttrirnc. of 31.a2 fB.t to i Polnt ol intersectio,r rith the North€asterly llnc of Gor6 Cr€aX Rotd, thenc' on an tngle to the left of 180'00'00' and rlong rlld NorLheaaLerly tlnr 10.00 t..t to thr tru. polnt ot boginning. I rs|r Flc lafrF f_htdarulF*IlrEl-Xlr.rrhntt'r rrr l. gn o m.u. rim elev.- 8180.5' /, I ltr,,-\ ' 1;,1/ c, . i.^/a\;(< r'1" sryn f> TO: MEMORANDUM Greg Hall Kristan Pritz Ken Hughey Mike Mollica Mike Brake and Jill Kammerer November 29, 1991 Christiania Parking and Related lssues Ron Phillips Larry Eskwittr Pete Bumett Andy Knudtsen App /,r)/i€ /n49€€- DEE j''r'tzL4zYt P*& Kry'e' - 6ar 7zs FROM: DATE: SUBJECT: We have been working to resolve the ownership ol the parking area north of the Christiania Lodge. This property is legally described as part of Lot J and all of Lot P-3, Block 5A, Vail Village Fifth Filing. In addition to resolving ownership issues related to this properly, issues and interests regarding the Christiania Lodge's parking rights, Town of Vail right-of-way and encroachments by Mill Creek Court Condominium Association also need to be clarified and resolved. Our goal is to develop a position paper of sorts to take to Town Gouncil for revianr and approval. Please review and respond to the followlng comments: Situations 1. Vail Associates owns all of the lots listed above. 2. Vail Associates has this property on the marlct. 3. At the time Vail Associates sold Lot D, Block 2, Vail Village First Filing to the Christiania-at-Vail, Inc., they also granted the Christiania Lodge the perpetual right to use Lot P-3 for Christiania parking. 4. The Christiania Lodge has been using part of Lot J for lodge parking for a number of years. As shown on the plat of vail Village Fifth Fiting, vait Associates dedicated a pubtic right-oFway between Lots J and P-3 to the Town of Vail. With the consent of Christiania-at-Vail, lnc. and Vail Associates, a road was built connecting Hanson Ranch Road to Gore Creek Drive across Lot P-3. lmprovements which Mill Creek Court Condominium Association have made encroach onto Lot P-3 and adjacent Town of Vail rights-of-way. The Town of Vail Master T:.ansportalion Plan has identified this general area for development as a central loading area lacility for the Village core. The East Village Homeowners Association would like this area developed as a park. 5. o. 7. 9. lssues 1. Mill Creek Condominium Encroachments Various walkways, retaining walls and portions of the Mill Creek Court building encroach onto the Hanson Ranch Hoad right-of-way. The Mill creek court condominium Association (McccA) would like to resolve the issue of who is responsible for the maintenance of these areas of encroachment. Presently, the Association maintains these areas, but who is liable in the event of personal injury? Town ol Vail Position With regard to the walkways, retaining walls and building encroachments, we believe the Town of Vail should issue a revocable easement or revocable right-of-way permit to the Mill Creek Court Condominium Association for all of the Association's encroachments . Under this revocable easement, the Association would be responsible for the maintenance of the encroachments, Further, the Association would assume all liability associated with this area of encroachment. As an alternative, the Town of Vail could assume maintenance responsibilities and liability for a fixed annual cost (renewed annually). Tract G, Valt Viilage Sth Filtng Tract G, on the west side of the Mill creek court Building, is owned by the Town of Vail. Presently, the MCCCA is maintainrng and inigating this landscaped tract. The Association would like the Town to either transfer this landscaped tract to the Association or take sver f,-iaintenar,rce responsibiiities. Town ol Vaal posiilon At their own initiative, the Association installed the plant material and irrigation system on Tract G. We believe the maintenance ol this tract should remain the responsibility of the Association if it is the Association's desire that this area be maintained. 2. Rlght-of-Way An Agreement was entered into on March '15, 1g68, between Vail Associates, the Town of Vail and Christiania-at-Vail, lnc., to resolve the rightoFway and parking issues associated with Lots J and P-3. The terms of this agreement were never executed. Briefly, the piatted rown of vait right-of-way bisects the Lot J/p-3 parcet. The Agreement proposed the abandonment of the existing platted right-of-way and the establishment of a new right-of-way. This new right-oFway would be in generally the same location as the existing road through Lot P-3. The use of the newly-configured Lot P-3 would remain unchanged from the use of the original Lot p-3. 3. Town of Vail Posltion The alternatives which the Town could pursue include: 1. The Town of Vail could follow ihrough with the original agreement. 2. The Town modify the Agreement to tie various leases and/or the acquisition of V.A. owned land. 3. Another alternative would be for the Town to purchase the lots in order to implement the Master Transportation Study's recommendation to use the lots for Village core loading and delivery facilities. Keep in mind that the East Vail Homeowners Association would like to use the lots as a park site. Christlania Parking Needs At this time, the dedicated right-of-way, a portion of Lot P-3 and Lot J are being used for parking by Vail Associates and the Christiania Lodge. Under an agreernent with V.A. the Christiania has a perpetual right to park on a portion of Lot P-3. However, the Lodge has been parking on Lot J for a number of years. The 'official" number of parking spaces provided by the Christiania on either Lot P-3 or Lot J has never been established. Rather, the Town has taken the position that the only parking associated with the Lodge's operation are located to the west of and immediately adjacent to the Lodge building. In order to proceed with any improvements to the Lodge which require the provision of additional parking, the Lodge must resolve with V.A. the question of what parking rights it now has.on Lots P-3 and J. Town of Vail Positlon In conjunction with resolving the right-of-way issue with Vail Associates, the Town should encourage Vail Associates and the Christiania to work together to define the Christiania's parking. 75 South Frontage Road VaiL Colorado 81657 970-479-213V479-2139 FAX 970-479-2452 Department of Community Development Januaqr 16.,1996 Mr. Scott Chomiak DesignWorkshop 1660 17th Street, Suite 325 Denver. Colorado 80202 Re: Zoningof Lots P-3 & J, Vail Village Fifth Filing Dear Scott, At your request I have reviewed our fi1es relating to the existing zoning on Lots P-3 & J, Vail Village Fifth Filing. Upon review of our files, I was able to dctermine the existing zoning on the above-referenced lots. According to our records, Lot J, Vail Village Fifth Filing is zoned Public Acconodation (PA). Lot P-3, Vail Village First Filing is zoned Commercial Core I (CCI). Should you have any questions or concerns, as always, please do not hesitate in giving me a call. I can be reached most easily during regular office hours at (970) 479-2138. Sincerely, ./) lL--"-,--'K*jJ",--4 George Ruther Totn Planner xc: file (P-3 & J, Vail Village Fifth Filing) {,P *""""'o on""o FROM: DATE: SU&JECT: MEMORANDUM Town Council Public Works and Community Development Departments February 11,1992 Christiania Parking and Related lssues A. 1. 2. 3. 4- 5. Stafl has been working to resolve fre ownership of the parking area north of the Christiania Lodge. This property is legally described as part of Lot J and all of Lot P-3, Block 5A, Vail Village Fifth Filing (see attached Map B). In addition to resolving ownership issues related to this property, issues and interests regarding the Christiania Lodge's parking rights, Town of Vail right-of-way and encroachments by Mill Creek Court Condominium Association (see attached Map C), also need to be clarified and resolved. The purpose of this memo is to outline staff recommendations on the issues related to this site for Council review. Research Flndlnos Vail Associates owns Lot P-3 and the portion of Lot J discussed above. Vail Associates has this property on the market. At the time Vail Associates sold Lot D, Block 2, Vail Village First Filing to the Ghristiania-at-Vail, lnc., they also granted the Christiania Lodge the perpetual right to use Lot P-3 for Christiania parking. The christiania Lodge has been using part of Lot J and part of the Town's right-of-way for lodge parking for a number of years. As shown on the November 15, 1965 recorded plat of VaitViilage Fifth Filing, Vail Associates dedicated a public right-of-way between Lots J and P-g to the Town of vail. A road was built connecting Hanson Ranch Road to Gore creek Drive across Lot p-9. It appears the Town of vail has a prescriptive right to a portion of Lot p-3 as the Town has continuously used and maintained this roadway for over 18 years. lmprovements which Mill Creek Court Condominium Association have made encroach onto Lot P€ and adjacent Town of Vail rights-oFway. The Town of Vail Master Transportation Plan has identifted this general area as a possible site for a central loading area facility for the Village core. The East Village Homeowners Assoc. advocates the development of a surface park with subterranean, private, for-purchase parking on Lots J & p-4. 6. 7. 8. 9. 10. B. 1. lssues Mlll Creek Condomlnlum Eneroachments Various walkways, retaining walls and portions of he Mill Creek Court building encroach onto the Hanson Ranch Road right-of-way. The Mill Creek Court Condominium Assrrciation (MCCCA) would like to resolve the issue of who is responsible for the maintenan@ of these areas of encroachment. Presently, the Association maintarins these areas, but who is liable in the event of personal injury? Stafl Recommendatlon With regard to the wallways, retaining walls and building encroachments, stiaff believes the Town of Vail should issue a revocable easement or revocable right-oFway permit to he Mill Creek Court Condominium Association for all of the Association's encroachments . tJnder this revocable easement, the Association would be responsible for the maintenance of the encroachments. Further, the Association would assume all liability associated with this area of encroachment. As an alternative, the Town of Vail could assume maintenance responsibilities and liability for a fixed annual cost (renewed annually). Rlght-of-Way An Agreement wasi entered into on March 15, l969, between Vail Associates, the Town of vail and c;hristiania-at-Vail, lnc., to resolve the right-ot-way and parking issues associated with Lolts J and P-3. This agreement was executed (signed by all parties), but the terms of tht? agreement were never performed (see copy of "Agreement" attached). Briefly, the platted rown of Vait right-of-way bisects the Lot J/p-3 parcet. The Agreement prrposed the abandonment of the existing platted right-ol-way and the establishment of a new right-of-way. This new right-of-way would be in generally the same location as the existing road through Lot P-3. The use of the newly-configured Lot P-3 would remain unchanged from the use of the original Lot p-3. The roadway was oonstructed in it's present location over 24 years ago. lt appears the Town has a prescriptive right to this land. Staff Recommendatlon Some of the altern:rtives which the Town could pursue include: 1' The Town of Vail could work with all parties to follow through with the original agreement. 2. The Town could pursue obtaining clear title, through the court system, to the portion of Lot P-3 to which we believe we have prescriptive rights. 2. 3. The Town could retain ownership of the platted right-oFway plus the "prescriptive right" roadway and use both as leverage to influence the eventual outcome. We do not want to end up purchasing something we once owned. 4. The Town could modify the Agreement in order to tis various leases and/or the acquisition of V.A. owned land, to the performance of the Agroement. 5. The Town could purchase the lots in order to implement the Master Transportation Study's recommendation to use the lots for Village core loading and delivery facilities. 6. The Town could purchase the lots in order to construct a park:/underg round parking area. 3. Chrlstlanla Parklng Needs At this time, the dedicated right-oFway, a portion of Lot p-g and Lot J are being used for parking by Vail Associates and the Christiania Lodge. The owner of Lot d, Block 2, vail village First Filing (the christiania Lodge property) has a perpetual easement and right to use area P-3 as and for a public parking lot lor passenger automobiles, as said easement is described in instrument recorded July 10, 1963. However, the christiania has been parking on Lot J for a number of years. The "official" number of parfdng spaces provided by the christiania on either Lot P-3 or Lot J has never been established. Rathelr, the Town has taken the position that the only parking spaces associated with th€l Christiania's operation are located to the west of and immediately adjacent to the Lodge building. In order to proceed with any redevelopment proposals to the christiania urhich propose the provision ol additional parking on Lots p-3 or J, the Christiania mu$t resolve with V.A. the question of what parking rights the Ghristiania now has on Lots P-3 and J. Staff Becommendatlon The staff should either enter into a lease with the christiania Lodge to allow lodge parking on the roacl righfof-way or require the lodge to discontinue the use. In conjunction with resolving the right-of-way issue with vailAssociates, the Town should encourage Vail Associates and the Christiania to work together to define the Christiania's parking.