HomeMy WebLinkAboutLetter to G.Ruther 3.30.11BUS_RE\3898607.2
Wendy St. Charles
Direct Dial Number: (970) 790-1612
E-mail: WStcharles@ShermanHoward.com
March 31, 2011
VIA FACSIMILE, EMAIL AND FIRST CLASS MAIL
Town of Vail
Community Development Department
Attn: George Ruther, AICP, Director
75 South Frontage Rd.
Vail, CO 81657
Re:Proposal to Convey Rockfall Hazard Area
Dear Mr. Ruther:
As relayed in our meetings to date, our firm represents Briar Patch Association (the
“Association”) with respect to discussions with the Town of Vail (the “Town”) and the Town’s
interest in the hillside area above Lions Ridge Loop. We understand the Town has determined
that a portion of the hillside contains potential rockfall hazards that require mitigation to
preserve and protect the community below. The area of interest is a portion of the common
parcel benefitting “The Residence at Briar Patch” subdivision (the “Subdivision”) and is owned
by the Association. The Association and its members are pleased to work with the Town to
enable the Town to move forward with mitigating the potential rockfall hazard by conveying
approximately 3.291 acres (and potentially up to 3.611 acres) of the subject hillside to the Town
on the following terms:
The proposed purchase price for the area of interest identified as the “Town
Parcel,” together with the crosshatched area on the draft “Fourth Amendment to
The Residences at Briar Patch” attached hereto (the “Replat”) is $320,000
(approximately $88,618.00 per acre). The core area to be conveyed to the Town
consists of 3.291 acres, and the crosshatched area adjacent to Buffehr Creek
Road consists of an additional .320 acres.
The conveyance will occur in conjunction with the Replat of the Subdivision to
be undertaken by the Association and the Town.
The Association and the Town will be joint applicants in the application to
replat the Subdivision. The Replat will create a separate legal parcel for the area
to be conveyed to the Town and will create legal lots (as opposed to the existing
Sherman & Howard L.L.C.
ATTORNEYS & COUNSELORS AT LAW
1000 SOUTH FRONTAGE ROAD WEST, SUITE 200
VAIL, COLORADO 81657
TELEPHONE: (970) 476-7646FAX: (970) 476-7118
WWW.SHERMANHOWARD.COM
Sherman & Howard L.L.C.
George Ruther, AICP
March 31, 2011
Page 2
BUS_RE\3898607.2
building envelopes) for the five single family residences in the Subdivision as
proposed on the Replat.
There will be no change in zoning (currently cluster zoning) and no
development rights for additional structures in the Subdivision will be sought or
granted.
The conveyance to the Town will be evidenced by a general warranty deed.
Title in the land conveyed will be insured under a standard ALTA form policy,
in a form acceptable to the Town.
The Town and Association will share equally in the cost of the Replat.
The existing right-of-way along the southerly side of Buffehr Creek Road will
be vacated.
The land conveyed to the Town will remain open space in perpetuity with
covenants in place restricting development of any nature in the future. No
public access will be allowed given the hazardous nature of the area and no
improvements of any nature will be allowed to be constructed in the future,
such that the only activity to occur on the land conveyed to the Town shall be
rockfall hazard mitigation work. No vertical improvements will be installed,
including with respect to the rockfall hazard mitigation, to preserve and protect
views and the current appeal of the Subdivision.
The Association will proceed immediately with preparing the application for the
Replat of the Subdivision.
Closing shall occur on the later of (i) 30 days from the date of the Town’s final
approval of the terms of the conveyance, and (ii) final approval and recording of
the Replat.
The declaration recorded against the Subdivision will be amended to confirm
approval of the conveyance to the Town by the members of the Association and
the Association’s authority to act on behalf of the owners to consummate the
conveyance of the area of interest to the Town.
The Town and Association agree to share equally in the costs incurred in the
conveyance and Replat process and the Town agrees to pay one half of the legal
fees incurred by the Association not to exceed Seven Thousand Dollars
($7,000.00) as to the Town’s share.
Sherman & Howard L.L.C.
George Ruther, AICP
March 31, 2011
Page 3
BUS_RE\3898607.2
Provided the Town approves the terms for the conveyance as outlined above the
Association’s counsel will prepare, a definitive agreement with such additional terms as may be
appropriate to facilitate and effect the conveyance to the Town in conjunction with the Replat.
We look forward to working with the Town to finalize terms for the conveyance as
expeditiously as possible.
Sincerely,
Wendy St. Charles
WSTC:nlf
Encl. Replat Map
cc: Thomas Bogard, Briar Patch Association