HomeMy WebLinkAbout332 Mill Creek Circle Lease.pdf WTP
WEAR TRAVERS PERKINS u.0
September 28,2016
VIA EMAIL: jmrn( hpwclaw.com
J.Matthew Mire,Esq.
Town Attorney,Town of Vail
Hoffman,Parker,Wilson&Carberry,P.C.
511 Sixteenth Street,Suite 610
Denver, Colorado 80202
RE: 332 Mill Creek Circle;Amendment to Encroachment Lease
Dear Matt:
This firm represents the contract purchaser of Lot 11, Block 1, Vail Village First Filing,
Iocated at 322 Mill Creek Circle in Vail (the "Property"). The purchaser has identified an
encroachment of a portion of the home's garage,as well as its driveway and certain walls,into the
Mill Creek Circle right-of-way. The purchaser also unearthed a 1979 Lease that grants certain
rights of the owner to maintain these encroachments for a period of 49 years,which will expire
April 30,2028. A copy of the Lease is attached for your convenience. •
The purchaser of the property is concerned about the short lease term,as well as some other
provisions of the Lease,and would like the Town to consider some simple revisions to it. Those
items are:
I. Extend the term of the Lease to 49 years after the date of the Town's approval of
the amendment.
2. Clarify that the lease permits all existing improvements, including a driveway,
located in the right of way,and allow the owner to install a heated driveway.
3. Allow an owner to rebuild the encroachments following a casualty or other damage
to the improvements,keeping within the existing footprint of the encroachments.
4. Allow exterior changes to the encroaching improvements (subject to applicable
Town approvals such as Design Review Board), so long as they remain within
existing footprint.
5. Provide for the recording of the Lease in the public records,
The current owner's legal counsel joins in this correspondence to indicate the owner's
support of this request.
Attorneys al law
fUverwalk-1st&Main I 9)Main Street E202 I Edwards,Colorado 81632
p 970.476.7645 f 970.476.7118
www•wtpvall.com
J.Matthew Mire,Esq.
September 28,2016
Page 2
Thank you in advance for your assistance in this matter and the Town's consideration of
this request. If the Town Council would like a representative of the owner or purchaser to attend
its meeting on October 4 to address any questions,please let me know.
Sincerely,
iir (AFted#C,
I.
Gregory W,Perkins
The undersigned,counsel for the current owner,joins in this request.
SPIEWOODWARD,CORBALIS&GOLDBERG
,.7.,
fan A.Woodward
2
LEASE
THIS LEASE, made this ..71',4 day ofe - _r
1479 by and betweett the TOWN AF VAIL (hereinafter inferred to
■e "Town"), a Colorado Municipality, and William F. Fox,
Trustee for Fitzhugh Scott's Grandchildren's Trust (here-
inafter referred to as "Fox"). of Vail. Colorado:
WITHEsSETA:
wmmte.AS, the Town owns a public right-of-way in
Vail Village First Filing, known as Hill Creek Circle.
WHEREAS, adjacent to Mill Creek Circle is Lot•11,
Block 1, Vail Village First Filing, owned by Fox;
WHEREAS. a portion of Fox's garage and a portion
of a brick wall on Lot 11, Block 1, extends into the Mill
Creek Circle right-of-nay; and
WHEREAS, the Town Council is of the opinion that
Fox should be allowed to continue using said public right-of-way
upon certain condition}a;
NOW, THEREFORE, in consideration of the premises,
covenants and agreements herein contained. the parties agree
as follows:
(1) The Town hereby leases to Fox and Fox leasee
from the Town the real property described on Exhibit "A"
attached hereto (which by this reference hrcomes a part hereof)
and fa more particularly described AS follows:
A parcel of land lying entirely within the
right-of-way of Hill Creek Circle, a public
street in Vail Village First Filing, Town of
Vail, Eagle County, Colorado more particularly
described as follows:
Beginning at the southwest corner of Lot
11, Block 1, Vail Village First Filing;
thence easterly along the north Right-
Of-Way Line of said Hill Creek Circle on
a curve to the left with an arc distance of
15.80 feet, a chord bearing of S 65° 54' 05" 1
E, a radius of 1426.5 feet, sod a delta
angle of 00 3A' O5" to Che TRUE POINT OF
BEGINNING; thence S 730 46' 54" W, 8.00
tiler; thenee easterly along a curve to the
left with en arc distanrde of 52.30 feet.
a chord bearing of S 67 15' 47" E. a
rads o of 1434.5 feet, end a dolts angle
of 2� 05' 19"; thence H 210 4.' 33" E.
6.00 feet to a point on the north Right-
Of-Way line of said Hill Creek Circle;
thence westerly along the north Hight-Of-
Way line of said kill Creak Circle on •a
curve to the right with an arc distance of
52.00 feet, a chord bearing of N 67 15'
47" W, a radius of 1426.5 fret, and a •
Lease Pg. 2
delta angle of 2° 05' 19" to the TRUE
POINT OF BEGINNING, containing 417.0
square feet or 0.010 acres more or Ieee.
A parcel of laud lying entirely within the Right-Of-
Way of Mill Creak Circle, a public street in Vail
Village First Filing, Town of Vail, Eagle County,
Colorado, more particularly described as follows:
Beginning at the southeast corner of Lot 11.
Block I. Vail Village First Piling, thence
westerly along the north Right-Of-Way line
of said Mill Creek Circle on a curve to the
right with an arc dieanco of 7.94 feet, a
chord bearing of N 71 01' 49" W. a ra$ius
of 1426,5 feet, and a delta angle of 0 19'
OB" to the TRUE POINT OF BEGINNINO, thence
S 2° 15' 53" E, 1.42 feat; th$nce S 87° 44'
07" W. 24.12 feet; thence N 2 15' 53" W,
11.12 feet to a point on the north Right-
Of-Way line of said Mill Creek Circle;
thence easterly along the north Right-Of-
Way line of said Mill Creek Circle on a
curve to the left with an arc distance of
26.0 feat, a chord bearing of S 70° 20' 55"
L, a radius of 1426.5 feet, and a delta
angle of 1 02' 40" to the TRUE POINT OF
BEGINNING containing 150.0 square feet or
0.003 acres, more or less.
Che term of this lease ahell be for forty-nine (49)
yearn. commencing May 1, 1979, unless terminated sooner in
accordance with the terms of this lease. The annual, rental fee
shall be One Dollar {$1.00).
(2) Fox further agrees:
(a) The use of the leased preeiees shall be limited
to the occupation thereof by a portion of the building sod a
brick wall as described above, If the portion of the building
a
occupying the leased premise@ is destroyed by any cause nr is
removed by an extent of more than fifty (54x) percent, this lease
shell automatically terminate and the remaining building or damaged
portion thereof shall be removed from the public right-of-way
within a reasonable time by Fox, his auceeasors or oaeigna.
(b) To keep the area located on the leased premises
in a good and proper condition.
(c) To limit the use of the leased property
as shown on the plat as a portion of the garage and a brick wall.
(3) The parties specifically agree that inasmuch es
this lease involves public right-of-way if upon determination
by the Town Council that this portion of the public way is
neceaaary for the use by the public In the manner intended, that
this lease may bo terminated by the Town upon written notice
Lease Pg. 3
of Germination to Fox no lacer than one hundred twenty (120)
days prior to the dote of termination.
(4) Failure on the part of Fox to abide by the
terms of this lease shall constitute a default and shall auto-
matically terminate this lease and the tenancy hereby created.
Upon the election of the Town. written notice of such default
shall be sent to Pox, and he shall have ten (10) days from the
date of the mailing of said notice to cure said default. If
he fails to cure the default se provided, this lease shall be
considered null and void, and it shall be conclusively presumed
that possession has been returned to the Tows, and the Town shall
have the right and privilege to go upon the leased premises
without interference from Fox.
(5) Fox may terminate this lease by giving to the
Town written notice of termination no later than thirty (30)
days prior to the date of termination.
(6) If the lease hereunder is terminated by Fox in
accordance with Paragraph (5), or by default as provided in
Paragraph (4), or by the Town es provided in Paragraph (3),
or at the end of the term of this lease, Fox agrees to remove
any improvement, structure, or building located on the leased
premises at his expense. Said removal shall occur within
thirty (30) days of termination, and if Poz.t.o<•rebiove said
improvement, building or structure, the Tovn may do so (but
shall not be required to), end Fox agrees to pay the coat
thereof.
(7) Fox agrees to assume end hold the Town and its
agents, employees, or representative,: hereleea from any and all
action, claims. damages or causes of action that he may have or
that may arise as a result of his use or occupation of the leased kk
premises.
(8) Any written notice required under this lease
shall be sent in accordance with the following:
Town of Vail
Attention Town Manager
P.O. Box 100
Veil, Colorado 81657
Leiter Page
William F. Fox
cis Dave Sage
Sox 1245
Vail, Colorado 81657
Notice shall be deemed given upon personal service
to the other party as above directed or upon nailing Certified
Hail, Return Receipt Requested.
(9) The provisions of this lease shall be binding
upon the parties hereto and upon their respective succeaeora,
assigns, heirs or personal representatives. If the above-
mentioned property is sold, this lease shall be automatically
transferred to the new owner, whose name shall replace the
name specified in Paragraph (8).
EXECUTED on the day and year first above written.
LESSOR LESSEE
TOWN of VA I COLORADO , Ilm T'*IO
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