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HomeMy WebLinkAbout1989-02-21 Support Documentation Town Council Regular SessionVAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 21, 1989 7:30 p.m. AGENDA 1. Approval of Minutes of January 3 and 17, 1989 Meetings 2. Ordinance No. 5, Series of 1989, first reading, an ordinance re-zoning a parcel of property legally described as Lot 2, Block 5, Vail Intermountain Subdivision, and amending the official zoning map in relation to the re-zoning of said property. (2998 South Frontage Road West) 3. Appointments to the Design Review Board and the Planning and Environmental Commission 4. Action on Vacation of Utility Easement for the U.S. Post Office CITIZEN PARTICIPATION 5. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 21, 1989 7:30 p.m. EXPANDED AGENDA 7:30 1. Approval of Minutes of January 3 and 17, 1989 Meetings 7:35 2. Ordinance No. 5, Series of 1989, first reading, requesting Mike Mollica to rezone a 0.32 acre parcel of land at 2998 South Frontage Road West from the current Residential Cluster zone district to the Primary/Secondary Residential zone district Action Requested of Council: Approve/deny Ordinance No. 5, Series of 1989, on first reading. Background Rationale: The intent of this rezoning request is to allow the applicants to construct a small secondary, employee restricted rental unit over the existing garage. The PEC has unanimously recommended approval of this rezoning request at their 2/13/89 meeting. (Applicants: William Pierce/Lynn Fritzlen) Staff Recommendation: Approve Ordinance No. 5, Series of 1989, on first reading. 7:50 3. Appointments to the Design Review Board and the Planning and Environmental Commission Action Requested of Council: Appoint three members to the DRB and three to the PEC. Background Rationale: On DRB, the terms for Ned Gwathmey, Dan Leary, and Kathy Warren have expired, and the terms for Sidney Schultz, Bryan Hobbs, and Grant Riva have expired on the PEC. Ned Gwathmey and Sidney Schultz are reapplying. 8:05 4. Action on Vacation of Utility Easement for the U.S. Post Larry Eskwith Office Action Requested of Council: Approve/deny vacation of the utility easement. Background Rationale: The USPS wishes to build over the easement. All utilities have agreed to the vacation. Staff Recommendation: Approve the vacation of easement. CITIZEN PARTICIPATION 8:35 5. Adjournment y~ e. TO: Planning and Environmental Commission FROMe Community Development Department DATEe January 23, 1989 SUBJECT: A request to rezone a 0.32 acre parcel of land from the current Residential Cluster zone district to the Primary/Secondary Residential zone district. Applicanto William Pierce/Lynn Fritzlen I. THE REQUEST The applicants are the owners of Lot 2, Block 5 of the Vail Intermountain subdivision, which is situated immediately east of the Flussheim Townhouses and west of the Interlochen Condominiums. A single family dwelling of 2,534 square feet is located on the lot. The intent of this rezoning request is to allow the applicants to construct a small secondary, rental unit over the existing garage. The secondary unit would consist of a studio apartment of approximately 350 square feet, and the applicants have agreed not to sell, transfer, or convey the secondary unit separately from the primary unit. Also, the-secondary unit shall be rented only to full-time employees in the Upper Eagle Valley for periods of 30 days or more. The current RC zoning on the property allows for a maximum of only one dwelling unit. The proposed P/S zone district allows for only one unit by right. However, lots of less than 15,000 square feet in the Primary/Secondary zone district are allowed a secondary rental unit when the criteria in Section 18.13.080 (B) of the zoning code (criteria for lots under 15,000 square feet to allow a secondary unit) are met. The following table compares the requirements and standards of the current R/C zoning with the proposed P/S zoning:. Current Zoning Proposed Zonina Zone District RC p/S Allowable Dwelling Units 1 1 +1 employee unit Minimum Lot Size 15,000 sf 15,000 sf Maximum GRFA 3,520 sf 3,520 sf Setbacks Front 20 ' 20' Sides/Rear 15° 15' Maximum Height 33' 33' `y II. EVALUATION OF THIS REQUEST A. Criteria #l. Suitability of Proposed Zoning The "buildable area" of this lot is severely restricted by existing easements and floodplain. Approximately 5,700 square feet of this 14,080 square foot lot is located within the Gore Creek floodplain, thereby reducing the "buildable area" of the lot to 8,380 square feet. The existing single-family residence maintains a 25 foot minimum setback from the 100-year floodplain. Construction of a secondary unit over the garage area would ensure protection of the floodplain while limiting new construction within the existing building footprint. The rezoning, as proposed, would meet all of the Town's development standards of the Primary/Secondary zone district with the exception of the minimum lot area requirement. A variance from this requirement has been applied for and will be reviewed as a companion application to this zone change request. B. - Criteria #2. Is the amendment pro osal presenting a convenient, workable relationship among land uses consistent with municipal objectives? The Primary/Secondary designation is consistent with adjacent Primary/Secondary zoned properties immediately south of Gore Creek and would also be compatible with the existing character of the neighborhood. The requested rezoning is consistent with the following development goals in the Town's Land Use Plan: Policy 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. Policy 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Policy 5.1: Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. t C. Criteria #3. Does the rezoning proposal provide for growth of an orderly and viable community? The staff feels that this rezoning proposal does provide for the growth of an orderly and viable community. Employee housing is in short supply in Vail and is a crucial element in Vail's continuing to be a viable resort community. III. STAFF RECOMMENDATION The staff recommendation for the rezoning of this lot to Primary/Secondary is for approval. We feel that the P/S designation is the most appropriate zone district for the uses proposed and that the addition of an employee housing unit would be a positive contribution to the community. Moreover, the Land Use Plan specifically allows for these types of incentives or minor concessions to encourage the provision of additional employee housing units. ORDINANCE NO. 5 Series of 1989 AN ORDINANCE RE-ZONING A PARCEL OF PROPERTY LEGALLY DESCRIBED AS LOT 2, BLOCK 5, VAIL INTERMOUNTAIN SUBDIVISION, AND AMENDING THE OFFICIAL ZONING MAP IN RELATION TO THE RE-ZONING OF SAID PROPERTY. WHEREAS, the property to be re-zoned is located within the municipal limits of the Town of Vail; and WHEREAS, there is an application from the property owner of Lot 2, Block 5, Vail Intermountain Subdivision, for re-zoning said parcel; and WHEREAS, the Planning and Environmental Commission has considered the appropriate re-zoning for the property and has unanimously recommended that the Town Council re-zone the parcel from Residential Cluster to Primary/Secondary Residential; and WHEREAS, the Town Council considers it in the public interest to re-zone said property. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWSo Section 1. The Town Council finds that the procedures for the provision of re-zoning property in the Town of Vail have been fulfilled, and the Town Council hereby received the report of recommendation of the Planning and Environmental Commission recommending the re- zoning of said property. Section 2. Pursuant to Sections 18.66.100 - 18.66.180 of the Vail Municipal Code, a parcel of property described as Lot 2, Block 5, Vail Intermountain Subdivision, Town of Vail, Eagle County, Colorado is zoned as Primary/Secondary Residential. Section 3. As provided in the ordinances of the Town of Vail, the zoning administrator is hereby directed to modify and amend the official zoning map to include the zoning specified in Section 2 above. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and re-enacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS of 1989, and a public hearing shall be held on this ordinance on the day of 1989 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1989. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk MINUTES VAIL TOWN COUNCIL MEETING JANUARY 3, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, January 3, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: MEMBERS ABSENT: TOWN OFFICIALS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Merv Lapin Gail Wahrlich-Lowenthal Tom Steinberg None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first item was a ten year anniversary award to Alex Gordon. Ron Phillips gave brief background information on Alex, who is a Golf Course Specialist with the Vail Metropolitan Recreation District. Pat Dodson said a few words of praise, and Mayor Rose thanked him for his hard work and years of service. The next order of business was the approval of the minutes from the December 6 and 20, 1988 meetings. Merv Lapin made a motion to approve the minutes, with Tom Steinberg seconding. There was no discussion by Council or the public. A vote was taken and the motion passed unanimously 7-0. The third order of business was Ordinance No. 39, Series of 1988, second reading, regarding daily special boards. Mayor Rose read the full title of the ordinance. Peter Patten noted there were no changes made since first reading, with the exception of a typographical error at the bottom of page 1. There was no other discussion by Council or the public. Gail Wahrlich-Lowenthal moved for approval of Ordinance No. 39, and Eric Affeldt seconded. At this time, Mike Cacioppo requested the ordinance be tabled until the next Evening Meeting so that he could bring back from Las Vegas brochures on backlit boards and their attractiveness. Larry Eskwith suggested to proceed with the vote, and that the ordinance could be amended at any time. Afterwards, there was some discussion on chalk boards vs. white plastic boards, and their attractiveness. A vote was taken and the motion passed 5-2, with John Slevin and Mike Cacioppo opposing. The next topic discussed was Ordinance No. 40, Series of 1988, second reading, repealing and reenacting Chapter 18.46, Special Development District No. 4, Cascade Village. The full title was read by Mayor Rose. Kristan Pritz explained the three changes made to the ordinance since first reading: 1. The requirement that the developer record the conditions of approval for areas A and D was added in Section 18.46.210 C4 and 18.46.210 D7. 2. The fireplace number shall be controlled by 8.28.030 of the Town of Vail Code. The requirement is in Section 18.46.200 C of the ordinance. 3. The employee housing shall be restricted for 20 years plus the life of Tiffany Christine Lowenthal instead of fifteen years. This change is in Section 18.46.220. After a short discussion by Council, Eric Affeldt made a motion to approve the ordinance on second reading, which Tom Steinberg seconded. A vote was taken and the motion passed 6-l,~with Mike Cacioppo opposing. The fifth order of business was Ordinance No. 1, Series of 1989, first reading, zoning the property commonly known as the Ulbrich property to Hillside Residential. Mayor Rose read the full title of the ordinance. Rick Pylman gave background information on the property and Hillside Residential zoning. He stated the applicant had applied for this type of zoning, and the staff recommended approval. He then reviewed the criteria used in evaluating the request: 1. Suitability of existing zoning. 2. The amendment would present a convenient, workable relationship among land uses consistent with municipal objectives. 3. The rezoning proposal would provide for growth of an orderly and viable community. After a short discussion among Council and Jay Peterson, Merv Lapin made a motion to approve the ordinance, which was seconded by John Slevin. A vote was taken and the motion passed unanimously 7-0. At this time, there was discussion on the areas of the Town which were still not reannexed. There was no Citizen Participation. Mayor Rose remarked there had been an Executive Session at the Work Session that afternoon relating to 1989 compensation for the Council's employees. He stated the Council would-like to continue that Executive Session with Ron Phillips and Larry Eskwith. There being r~o further business, the meeting was adjourned at 8:25 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -2- q•. MINUTES VAIL TOWN COUNCIL MEETING JANUARY 17, 1989 7:30 P.M. A regular meeting of the Vail Town Council was held on Tuesday, January 17, 1989, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building. MEMBERS PRESENT: Kent Rose, Mayor John Slevin, Mayor Pro Tem Eric Affeldt Michael Cacioppo Merv Lapin MEMBERS ABSENT: Gail Wahrlich-Lowenthal Tom Steinberg TOWN OFFICIALS PRESENT: Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk The first order of business was Ordinance No. 1, Series of 1989, second reading, zoning the property commonly known as the Ulbrich property to Hillside Residential. Mayor Rose read the full title of the ordinance. Rick Pylman stated the only change was a clarification of the legal description. There was no other discussion. Merv Lapin made a motion to approve the ordinance on second reading, and Eric Affeldt seconded. A vote was taken and the ordinance passed unanimously 5-0. The next item was Ordinance No. 2, Series of 1989, first reading, relating to bed and breakfast operations. The full title of the ordinance was read by Mayor Rose. Peter Patten commented this ordinance would amend the zoning code to allow bed and breakfast operations in town. He reviewed the ordinance and what it would change in the zoning code and the regulations proposed. He then stated he wanted to add two more requirements, nos. 4 and 5, to those shown on page 2, Section 46: 4. A maximum of one residential nameplate sign shall be allowed according to Section 16.20.130 of the sign code for each bed and breakfast. 5. If the lot or site of the proposed bed and breakfast operation contains two dwelling units, the written approval of the bed and breakfast proposal by the owner of the other. dwelling unit on the site shall be submitted with the application for a conditional use permit.' He then reviewed the conditional use criteria used in examining and developing the ordinance. Peter stated staff's recommendation was for approval and explained why. He also noted the Planning and Environmental Commission voted unanimously 6-0 to approve the changes. There was then some discussion by Council regarding problems with the bed and breakfast operations and conditional use zoning. Kathy Fagan of Reservation Services in Vail asked a question regarding her being the only permanent resident in her condominiums and why wouldn't she be able to operate a bed and breakfast, to which Peter and Council responded parking problems, close living quarters with other residents. Peter commented that he had found in his research other areas distinguished a difference between short-term rentals and bed and breakfast operations. Larry Eskwith noted that right now bed and breakfast operations were being operated in a vacuum, and this ordinance would make them legal. Council asked Larry to look into abandonment clause to see if the approvals would expire periodically every three or five years. There was then much discussion regarding abandonment would occur if the operations were not used for twelve consecutive months and if everyone in the condominium units should sign off on the approvals or by a 75 percent vote. It was also discussed the condominium declarations would dictate this decision. Chuck Crist commented he felt approval by the Town could be given if the applicant brought in a letter from the condominium association indicating their approval and that sufficient parking would be available. Mike Cacioppo requested "or his agent" be added to Section 4.A., line 3, after "proprietor". At this time Mike Cacioppo made a motion to approve the ordinance with the following amendments: :~ a 1. Add language that a conditional use permit should be issued for non- conforming use. 2. Amend the ordinance to include multi-family dwellings, and to require a vote of the condominium association to allow the operations. 3. Change language in Section 4.A. to "proprietor or his agent lives ..." 4. Add items 4. and 5. to Ser_tion 4.B. Merv Lapin seconded the motion. A vote was taken and the vote failed 3-2, with Eric Affeldt, Mayor Rose, and John Slevin opposing. Eric Affeldt then made a motion to approve the ordinance with the following amendments: 1. Add items 4. and 5. to Section 4.6. 2. Change language in Section 4.A. to "proprietor or his agent lives ..." He also directed staff to come prepared at second reading to further discuss abandonment and multi-family dwelling issues. John Slevin seconded the motion. A vote was taken and the motion passed unanimously 5-0. The third item on the agenda was Ordinance No. 3, Series of 1989, first reading, relating to increasing the charges for impounding dogs. Mayor Rose read the full title of the ordinance. Larry Eskwith stated the leash law applies to all of Town of Vail. Also, Council had requested earlier to raise the fees, which is what this ordinance does. Dick Duran then answered questions from Council. Merv Lapin made a motion to approve the ordinance, which was seconded by Mike Cacioppo. A vote was taken and the motion passed unanimously 5-0. The next order of business was Ordinance No. 4, Series of 1989, first reading, designating signs on hot air balloons for special events be exempt from the Vail sign code. The full title was read by Mayor Rose. Larry Eskwith stated the ordinance would allow signs on balloons, but the ordinance would apply restrictions, and he then reviewed them. After some discussion by Council, Mike Cacioppo requested the first sentence of Section 1.4. be deleted requiring the balloons be tethered to the ground. Tom Davies agreed with Mike and explained why. Dick Duran felt it was unsafe to attach them to buildings, to which Mike and Tom disagreed. There was then more discussion on the length of time a balloon would be up. Tom asked if Payne Weber held a convention in town next March, would it be allowed, to which members of Council replied, balloons could be allowed only for special events and it would require approval by the organizing body. At this time there was some discussion regarding hot air balloons being used for private advertising or for special events only. It was agreed, that no one wanted free flying signs hanging under the balloons. A motion to approve the ordinance with the deletion of the first sentence of~Section 1.4., and adding "with the exceptions of the LionsHead Parking Structure and the Vail Village Parking Structure" to the second sentence of Section 1.4., was made by Eric Affeldt. There was some discussion on insurance coverage and liability, to which Tom Davies stated it should read "aircraft liability insurance" and not "public liability insurance", and in an amount of not less than five hundred thousand and not more than one million dollars. Mike Cacioppo seconded the motion. A vote was taken and the motion passed unanimously 5-O. The fifth item was Resolution No. 1, Series of 1989, setting the Town of Vail deck space rental rate. Larry Eskwith stated this puts in resolution form the fee charged by the Town of Vail. John Slevin made a motion to approve the resolution, which Eric Affeldt seconded. A vote was taken and the motion passed unanimously 5-0. Merv Lapin asked Larry to check into if turning public property into commercial use should be included an the tax rolls. The next item for discussion was Resolution No. 2, Series of 1989, temporarily extending the terms of the Planning and Environmental Commission and the Design Review Board members for two weeks. There was no discussion by Council or the public on this item. A motion to approve the resolution was made by Merv Lapin and seconded by John Slevin. A vote was taken and the motion passed unanimously 5-0. Action on the Colorado Ski Museum lease agreement was the next item. After a short discussion, Merv Lapin made a motion to approve the agreement as presented, which John Slevin seconded. A vote was taken and the motion passed unanimously 5-0. There was no Citizen Participation. -2- 4' i,: s P At this time, Mayor Rose noted that for the work the Town of Vail employees had done during the holiday rush and the extra effort done and still required for the World Championships, Council wanted to award employees for their extra effort by purchasing 275 tickets for employees to attend the Beach Boys concert. The cost would approximately be in the neighborhood of six thousand dollars. Merv Lapin commented he wanted to give spouses tickets, too. Ron Phillips suggested if Council did that, to give single employees an extra ticket each also, which would make the total 550 tickets at a cost of approximately eleven thousand dollars. Merv felt it was the least Council could do to thank the employees. Mike Cacioppo made a motion to approve the expenditure, and Merv Lapin seconded. A vote was taken and the motion passed unanimously 5-0. Ron stated for those who were required to work that night, something equivalent would be given. There being no further business, the meeting was adjourned at 9:25 p.m. Respectfully submitted, Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk Minutes taken by Brenda Chesman -3- ,:~. -. ~,' . ,.t' r ,~P.TES POSTq _ O ~ W T h `~ H ~ C Z ® n 7 U.S.MAIL rn it ® it ~~104ir iR ~" UNITED STATES POSTAL SERVICE Facilities Service Office 6800 West 64th Street • Suite 100 Overland Park, KS 66202.4171 CER2:WRLangley:cdh September 13, 1988 ~ Vail Colorado Release of Utility Easement ~,~ Town of Vail ._ 75 South Frontage Road ~ Vail, CO 81657 $~ Attn: Mr. A. Peter Patten, Jr. Community Development Director Dear Mr. Patten: In 1986, the United States Postal Service acquired a parcel of land in Vail, Colorado on which to construct a new main Post Office on. For your use and review, we have attached a copy of the boundary and topographic survey. Please note that a 15' utility easement was reserved along and inside the southerly, easterly, and westerly lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, as per the Plat recorded September 10, 1979 in Book 290, Page 794. The easement was reserved at the time of the platting however, it has never been utilized by any utility company nor the Town of Vail. In order to develop the site for postal use, we are requesting The Town of Vail to release any right, title or interest you may have in this 15' utility easement. . In order to obtain the necessary release, we are attaching a Vacation and Abandonment of Existing Easement document for your execution. We are also including a self addressed franked envelope for your use in returning the document to this office. Your earliest attention to this release is appreciated, as we are desirous of proceeding with our construction plans. We appreciate your cooperation and should you have any questions, please contact the undersigned at the above address or by calling 913/831-5464. Sin erely, WILLIAM R. LAN EY Real Estate Specialis r~ a VACATION AND ABANDONMENT OF EXISTING EASEMENT 'II-IIS INSTRUMENT is made this day of , 1988 by and between UNITID STATES POSTAL SERVICE, (hereinaf ter referred to as "Owner"), and the TOWN OF VAIL, COLORADO, a municipal corporation. WI-IEREAS, a certain easement of record to be abandoned described as a Utility Easement fifteen (15) feet in width along and inside the eastern, southern and western lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDID PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, allowing the Easement Users the use of such easement for a Utility Easement, (hereinafter the "Utility Easement"); and WHEREAS, the easement is not presently used for the construction, maintenance and reconstruction of utilities; and WHEREAS, no future use of the easement for the construction, maintenance and reconstruction of utilities is contemplated; and {VHIIZEAS, neither the Owner nor the General Public realized any beneficial use in allowing such easement to remain; and WHEREAS, the Town of Vail on behalf of the General Public has evidenced its intent to abandon all claim and interest in the easement. NOW, THEREFORE, in consideration of the mutual promises contained herein and the mutual benefits to be derived and other good and valuable consideration, the parties hereto hereby convenant and agree as follows: 1) The Town of Vail on behalf of the General Public, by this instrument hereby forever abandon, vacate, release and terminate that portion of the Utility Easement as now described as an easement fifteen (15) feet in width along and inside the eastern, southern and western lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDID PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. Easement Users hereby convey all their right, title, and interest in and to that portion of the Utility Easement vacated above, to Owner. 2) This Vacation and Grant shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. TOWN OF VAIL, A Municipal Corporation By: r~ - ~. STATE OF COLORAIX) ) ss. COUNTY OF EAGLE ) The foregoing Vacation and Abandonment of Existing Easement was acknowledged before me this day of 1988 by as Vai 1. of the Town of Witness my hand and official seal. My commission expires: Notary Public Owner hereby accepts the foregoing Vacation of Easement. By : Contracting Officer Date United States Postal Service Facilities Service Office ~ ~~ a~ ~ P 'a VACATION AND ABANDONMH~IT OF EXISTING EASEM~VT THIS INSTRUMIIVT is made this 27th day of October , 1988, by and between UNITID STATES POSTAL SERVICE, (hereinaf ter referred to as "Owner", and PUBLIC SERVICE COMPANY OF COLORADO (hereinaf ter referred to as Easement User). WHER.F.AS, a certain easement of record to be abandoned described as a Utility Easement.fif teen (15) feet in width along and inside the eastern, southern and western lot. lines of Lot 1,.Block~l, Lions Ridge. Subdivision Filing No. 3, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, allowing the Easement User the use of such easement for a utility easement, (hereinaf ter the "Utility Easement"), and WHEREAS, the easement is not presently used for the construction, maintenance and reconstruction.of utilities; and, WHIItEAS, no future. use of the easement for the construction, maintenance and reconstruction of utilities is contemplated; and, WHEREAS, the Owner realized no beneficial use in allowing such easement to remain; NOW, THEREFORE, in consideration of the mutual promises contained herein and the mutual benefits to be derived and other good and valuable consideration, the parties hereto convenant and agree as follows: 1) Easement User on behalf of themselves, their successors and assigns, by this instrument hereby forever abandon, vacate, release and terminate that portion of the Utility Easement as now described as an easement fifteen (15) feet in width along and inside the eastern, southern and western lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDID PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, Easement User hereby conveys all their right, title, and interest in and to that portion of the Utility Easement vacated above, to Owner. 2) This Vacation and Grant shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. PUBLIC SERVICE COMPANY OF COLORADO (Company Name) ~~~ sy: (Authorized Signature) .. .3~ i~ ' STATE OF COLORADO ) ss COUNTY OF SUMMIT ) The foregoing Vacation and Abandonment of Existing Easement was acknowledged before me this 27th day of October 1988, by Paul A. Hage aS Operations Manager, Mountain Division of Public Service Company of Colorado Witness'my hand and: official seal. Nfy Commission expires: ~O/8 /90 { is . ,> > ,. . , ~, , Notary Public ~;1„~,/~,.,,~, ,cr~do~98 Owner hereby accepts the foregoing Vacation of Easement Contracting Officer United States Postal Service Facilities Service Office r ,3 P Date . G .», e VACATION AND ABANDONMENT OF EXISTING EASEMENT THIS INSTRUMENT is made this 2° -~h-~h day of ,S¢~~C..~~Der 1988, by and between UNITID STATES POSTAL SERVICE, (hereinafter referred to as "Owner", and' %~'~1~~/*'-C'~n% J~~c' i r,i /~L.C`~'/~/1rr" fi;0 `lY~',~Fi,~ / ~ Z/`(: ~~!Q L~~ L~cS? [~~7!'G.,,~,C~Cri/O:/~'~ (hereinaf ter referred to as Easement User). WHIItEAS, a certain easement of record to be abandoned described as a Utility Easement fifteen (15) feet in width along and inside the eastern, southern and western lot lines of .Lot 1,. Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDID PLAT THEREOF, COUNTY OF .EAGLE, STATE:OF COLORADO, allowing the~.Easement User the use of such easement for a:-utility easement, (hereinaf ter the.."Utility Easement"), and WHEREAS, the easement is not presently used for the construction, maintenance and reconstruction of utilities; and, ~WHERtEAS, no future use of the easement for the construction, maintenance and reconstruction of utilities is contemplated; and, VVHIItEA,S, the Owner realized. no beneficial use in allowing such easement to remain; NOW, THEREFORE, in consideration of the mutual promises contained herein and the mutual benefits.to be derived and other good and valuable consideration, the parties hereto convenant and agree as follows: 1) Easement User on behalf of themselves, their successors and assigns, by this instrument hereby forever abandon, vacate, release and terminate that portion of the Utility Easement as now described as an easement fifteen (15) feet in width along and inside the eastern, southern and western lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDID PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, Easement User hereby conveys all their right, title, and interest in and to that portion of the Utility Easement vacated above, to Owner. 2) This Vacation and Grant shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. ~~ ^ ~~ ,%~~.'.~/'r•Ci/.~~ j :,C%~c1 %~Lrr'~/r.{~ /. • ~ 11- ~'-~Of1~ ~ , ~~/G (Company Name) By : ~ ~~~~ c~~-~! (Authorized Signature) STATE OF COLORADO ) ss COUNTY OF .~ ~ ) - The foregoing Vacation and Abandoiunent of Existing Easement was acknowledged before me this ~c'?_?N day of SL ~Fm~~~ 1988, by .C~qG~=- /,~cJ~>ri~ as ..~12~I~' ~;~~ /'~''r_,-~.>.~k F-Ar'; ~~i.~~j , Witness my hand and official seal., My Commission expires: llc Owner hereby accepts the foregoing Vacation of Easement By : ~~G ~~'~e~ti,~-~-- Contracting Officer United States Postal Service Facilities Service Office ~,y ,~-±; ~a , r,. Y ~S~y! ; ~ ' • 7 jS _~~ ~` 1 .3 Dat e ~.. _~ , - a~ VACATION AND ABANDONMINT OF EXISTING EASEMENT THIS INSTRUMENT is made this 2 ~ day of Se;~TewibC ~, 1988, by and between UNITID STATES POSTAL SERVICE herein~~r~referred to as "Owner", and ~~ ~~ X39 (hereinafter referred to as Easement~~~r~~ ~IS2~` WI-L~RE4S, a Lert:sin easement of record. to. be abandoned .described as a Utility Easement fifteen (15) feet in .width along and inside the eastern, southern and western lot lines of Lot 1, Block 1; Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, allowing the Easement User the use of such easement for a utility easement, (hereinaf ter the "Utility Easement "), and WHIIZEAS, the easement is not presently used for the construction, maintenance and reconstruction of utilities; and, WHEREAS, no future use of the easement for the construction, maintenance and reconstruction of utilities is contemplated; and, ~dHEftEAS, the Owner realized no beneficial use in allowing such easement to remain; NOW, THEREFORE, in consideration of the mutual promises contained herein and the mutual benefits to be derived a~ other good and valuable consideration, the parties hereto convenant and agree as follows: 1) Easement User on behalf of themselves, their successors and assigns, by this instrument hereby forever abandon, vacate, release and terminate that portion of the Utility Easement as now described as an easement fifteen (15) feet .in width along and inside the eastern, southern and western lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDID PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, Easement User hereby conveys all their right, title, and interest in and to that portion of the Utility Easement vacated above, to Owner. 2) This Vacation and Grant shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. HcRITAGE CA6l_E"ISION ;:x 0140 Metcalf Rd. Avon, CO 81620 By : (Authorized Signature) ~: ~ .Yl t~ . STATE OF COLORAIX) ) ss COUNTY OF ~ _~; ) The foregoing Vacation and Abandonment of Existing Easement was acknowledged before me. this ~~ s~ day of ~~E~~~~(~'~ 1988, by ~ ~pyE ~->~ ~}T.T as ~!~ 1G != ~FC~ of jt~Z~ 1 /~(~F ~i~~L1=VtS101~L• Witness my hand and official seal.. My Commission expires: ~~ ~~ ~ ~j . / q'S~ Notary Public Owner hereby accepts the foregoing Vacation of Easement Contracting Officer United States Postal Service Facilities Service Office ~;~-;,. /// I t1~M99 ~ \\ ~~»~1111t1i1iH111~,' " :~ ~~ Date D ~ ({~, • _~ !Y f -. VACATION AND ABANDONbiFNT OF EXISTING EASENgNT 'IgiIS INSTRUb4EIdT is made this 21st day of September 1988, by and between UNITID STATES POSTAL SERVICE, (hereinaf ter referred to as "Owner", gnd HOLY CROSS ELECTRIC ASSOCIATION, INC. (hereinafter referred to as Easement User). WHEREAS, a certain easement of record to be abandoned described as a Utility Easement fifteen (15) feet in width along and inside the eastern, southern and western lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE:: RECORDED PLAT THEREOF, CGUNTY OF EAGLE, STATE OF COLORADO, allowing the Easement User the use of-such easement for a utility easement, .(hereinafter the "Utility Easement"), and WHEREAS, the easement is not presently used for the construction, maintenance and reconstruction of utilities; and, WHEEtEAS, no future use of the easement for the construction, maintenance and reconstruction of utilities is contemplated; and, WHIItEAS, the Owner realized no beneficial use in allowing such easement to remain; NOW, 'Ig~IItEFORE, in consideration of the mutual promises contained herein and the mutual benefits to be derived and other good and valuable consideration, the parties hereto convenant and agree as follows: 1) Easement User on behalf of themselves, their successors and assigns, by this inst n,tment hereby forever abandon, vacate, release and terminate that portion of the Utility Easement as now described as an easement fifteen (15) feet in width along and inside the eastern, southern and western lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, Easement User hereby conveys all their right, title, and interest in and to that portion of the Utility Easement vacated above, to Owner. 2) This Vacation and Grant shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. HOLY CROSS ELECTRIC ASSOCIATION, INC. (Company Name) By I (Authorized Signature) David Sage, President .~.. ~. i ~ J r J J y STATE OF COLORADO ) ss COUNTY OF GARFIELD ) The foregoing Vacation and Abandonment of Existing Easement was acknowledged before me this. :21st _day of September ,1988, by David Sage as.. President of HOLY. CROSS ELECTRIC ASSOCIATION, INC. 4/4/91 .~s~,,,,,~j;~~ess my.hand and official seal. My Commission expires: ,~;,• • .,.r~ , . ~~ ~y;;;1i.1~~ r,, ., ~~ ~~ `: '''r~s` ©~ ~.Q ~~;,~`' Not y Public ~~~~~'''+~~ii,-~~~~''''~ P. 0. Drawer 2150, Glenwood Springs, CO 81602 ,.,. ~;:;:. Owner hereby accepts the foregoing Vacation of Easement __.~~ Contracting Officer United States Postal Service Facilities Service Office l .~ ~'.., Date Vf. u~ i~ 0 VACATION AND ABANDONbtENT OF EXISTING EASEMIIVT THIS INSTRUMENT is made this L day of ~~y ~~ 1988, by and between UNITID STATES POSTAL SERVICE, (hereinaf ter referred to as "Owner", and 1~,~~~ \ la 11 F A., ~ s~cr~m~.c~ ~n ~ ~.-~Cm ~~ s~ ~" (hereinafter referred to as Easement User). W~-IIItEAS, a certain easement of record to be abandoned described as a Utility Easement fifteen (15) feet .in width along and inside the eastern, southern and western lot lines of. Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ` ACCORD ING.Zn THE RECORDED PLAT THEREOF., COUNTY OF EAGLE, STATE OF COLORADO, allowing the~Easement User the use of such easement for a utility easement, (hereinaf ter the "Utility Easement"), and WHEREAS, the easement is not presently used for the construction, maintenance and reconstruction of utilities; and, WHEREAS, no future use of the easement for the construction, maintenance and reconstruction of utilities is contemplated; and, WHEREAS, the Owner realized no beneficial use in allowing such easement to remain; NOW, TI-IIItEFORE, in consideration of the mutual promises contained herein and the mutual benefits to be derived and other good and valuable consideration, the parties hereto conversant and agree as follows: 1) Easement User on behalf of themselves, their successors and assigns, by this instrument hereby forever abandon, vacate, release and terminate that portion of the Utility Easement as now described as an easement fifteen (15) feet in width along and inside the eastern, southern and western lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDID PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, Easement User hereby conveys all their right, title, and interest in and to that-portion of the Utility Easement vacated above, to Owner. 2) This Vacation and Grant shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. ~ lli I 1 i m ~ . C-~~m~c ~ `~~ ~ r~1 r(16ur~ (Company Name )~ lSt't~4 ~" By : ° (Authorized Signature) J ~; ~7 STATE OF COLORADO ) ss COUNTY OF ~la~, t~ ) ..The foregoing Vacation and Abandonment of Existing Easement was acknowledged before me this tct'~` _day of ~sc ~~IQ e.,r , 1988, by ~,~= 0 ~ ~~_~~ ~.. -~ ~ c~ c~ - as (mot t14-r ~-,~ ~ tit Zvt~ ceC- U of ~~~ ~c3r:~€-- ~~~,~~ ~ c ~`f.1~~~,~ ~:c~f~r(` •Sc~1L~c~~u.-i,~c~~ Witness my hand and official seal. My Commission expires,: 2~.3~cj z ~, ., ., ~, .., `~, '~~'• ~~"`'~ ~ Notary Public i~/I 1'~ ~ ~ r ,\ ' I~~ 1,11 ~1 Owner hereby accepts the foregoing Vacation of Easement By ; ~~L s-~r~f ,~-,~ Contracting Officer United States Postal Service ~ .~ ~~: Date Facilities Service Office "t, ',. :.a .' _. b VACATION AND ABANDONMENT OF EXISTING EASE~[IId'T THIS INSTRUMENT is made this t9`~- day of ~~,~,~ 1988, by and between UNITID STATES POSTAL SERVICE, (hereinafter referred to as "Owner", and Vat i Va~~~u ~r~v.v,i ~rd~~~r0 I~l•.~-~~ ~ ~ ~~~~ n ~ (hereinafter referred to as Easement User). WHEEtEAS, a certain easement of record to be abandoned described as a Utility Easement fifteen (15) feet in width along.and inside the eastern, .southern and ° western lot lines of Lot 1, Block 1,:_ Lions.. Ridge_ Subdivision Filing No. 3, ACCORDING.'ln'TI-~ RECORDED PLAT THEREOF.:, COUNTY OF EAGLE, STATE OF COLORADO, allowing the Easement User the use of such easement for a utility easement, (hereinaf ter the "Utility Easement"), and WHIItEAS, the easement is not presently used for the construction, maintenance and reconstruction of utilities; and, WHIItEAS, no future use of the easement for the construction, maintenance and reconstruction of utilities is contemplated; and, WHEREAS, the Owner realized no beneficial use in allowing such easement to remain; NOW, Tf~ZEFORE, in consideration of the mutual promises contained herein and the mutual benefits to be derived and other good and valuable consideration, the parties hereto convenant and agree as follows: 1) Easement User on behalf of themselves, their successors and assigns, by this instrument hereby forever abandon, vacate, release and terminate that portion of the Utility Easement as now described as an easement fifteen.(15) feet in width along and inside the eastern, southern and western lot lines of Lot 1, Block 1, Lions Ridge Subdivision Filing No. 3, ACCORDING TO THE RECORDID PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO, Easement User hereby conveys all their right, title, and interest in and to that portion of the Utility Easement vacated above, to Owner. Z) This Vacation and Grant shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 1~~-Ii~am~. C-~~~,~~~,~o-~.t V~IIo»nac~f ~a~l yco~~~~(~ h,~,~1~ct~d~d ~c~~~~~s-k~" (Company Name) BY~ (Authorized Signature) rr , _ x STATE OF COLORADO ) ss COUNTY OF ~G~<,~~ ) The foregoing Vacation and Abandonment of Existing Easement was acknowledged before me this ~~`~ day of ~~~~-~~.I,~e~ 1988, Witness my hand and official seaa. Nfy Commission expires:~G z ', ~' Notary Public Owner hereby accepts the foregoing Vacation of Easement Contracting Officer Date United States Postal Service ,~_,Fac i,1.~ies Service Office ,' , Z t ~ ,, , i. .. ti~•• 1 .., .i: .~ .. y ` ,. ,