HomeMy WebLinkAbout1991-10-15 Support Documentation Town Council Regular Session /L~
' VAIL TOWN COUNCIL
REGULAR MEETING
TUESDAY, OCTOBER 15, 1991
7:30 P.M.
EXPANDED AGENDA
7:30 p.m. 1. Ten Year Employee Recognition
Ron Phillips Bill Lowe
* Tom Sheely
7:45 p.m. 2. CITIZEN PARTICIPATION
7:50 p.m. 3. Consent Agenda
Shelly Mello A. Ordinance No. 32, Series of 1991, second reading, an
ordinance amending Ordinance No. 10, Series of 1991, to
provide typographical and wording corrections for SDD
#22; and setting forth details in regard thereto.
Andy Knudtsen B. Ordinance No. 33, Series of 1991, second reading, an
ordinance repealing and reenacting SDD #2 in its entirety.
Jill Kammerer C. Ordinance No. 35, Series of 1991, second reading, an
ordinance amending Section 18.04.360, Site Coverage of
the Municipal Code of the Town of Vail and setting forth
the details in regard thereto.
8:00 p.m. 4. Ordinance No. 34, Series of 1991, first reading, an ordinance
Larry Eskwith amending Section 3.16.050 of the Municipal Code to provide that
Gary Murrain any contract for the construction of a public improvement with a
value of not more than $100,000 may be negotiated by the Town
Manager without submitting it for bid; and setting forth the details
in regard thereto.
Action Reauested of Council: Approve/deny Ordinance No. 34,
Series of 1991, on first reading.
Background Rationale: Presently, the Town Staff must get a
resolution from the Town Council to negotiate any contract for
public work construction. Staff would like the ability to negotiate
contracts up to $100,000 in value without the necessity of
obtaining Town Council approval.
Staff Recommendation: Approve Ordinance No. 34, Series of
1991, on first reading.
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8:30 p.m. 5. Ordinance No. 36, Series of 1991, first reading, an ordinance
Mike Mollica providing for the establishment of Special Development District
No. 27, Forest Glen (A.K.A. Timber Falls); adopting a
development plan for Special Development District No. 27 in
accordance with Chapter 18.40 of the Vail Municipal Code and
setting forth details in regard thereto. (Applicant: Timber Falls
Association)
Action Reauested of Council: Approve, deny, or modify
Ordinance No. 36, Series of 1991, on first reading.
Backaround Rationale: The PEC, at their September 23, 1991
public hearing, unanimously recommended approval (by a vote of
4-0) of the applicant's SDD request.
Staff Recommendation: Staff recommends approval of the
applicant's request for the establishment of SDD No. 27.
9:30 p.m. 6. Ordinance No. 37, Series of 1991, first reading, an ordinance
Mike Mollica amending Section 18.32.030 of the Municipal Code of the Town
of Vail by adding "Well Water Treatment Facility" as a conditional
use in the agricultural and open space zone district. (Applicant:
Vail Valley Consolidated Water District)
Action Reauested of Council: Approve, deny, or modify
Ordinance No. 37, Series of 1991, on first reading.
Backaround Rationale: Please see the attached CDD memo to
PEC dated October 14, 1991.
Staff Recommendation: Staff recommends approval of the
request.
9:45 p.m. 7. Ordinance No. 38, Series of 1991, first reading, an ordinance
Larry Eskwith authorizing the sale of certain property known as the Berry Creek
5th Filing parcel to the Eagle County Recreation Authority.
Action Reauested of Council: Approve/deny Ordinance No. 38,
Series of 1991, on first reading.
Backaround Information: The Purchase Contract for the sale of
the Berry Creek 5th filing to the Eagle County Recreation
Authority is required to be approved by ordinance.
Staff Recommendation: Approve Ordinance No. 38, Series of
1991, on first reading.
10:00 p.m. 8. Ordinance No. 39, Series of 1991, first reading, annual
Steve Thompson appropriation ordinance adopting a budget and financial plan and
Steve Barwick making appropriations to pay the costs, expenses, and liabilities
of the Town of Vail, Colorado, for its fiscal year ending January
1, 1992, through December 31, 1992, and providing for the levy
assessment and collection of Town ad valorem property taxes
due for the 1991 tax year and payable in the 1992 fiscal year.
Action Reauested of Council: Approve/deny Ordinance No. 39,
Series of 1991, on first reading.
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Backaround Rationale: This ordinance adopts a budget and
financial plan and makes appropriations to pay the costs,
expenses, and liabilities the Town of Vail for its 1992 fiscal year.
Per State statutes, the Town's use of Highway Use Taxes and
lease/purchase financing plans will be discussed.
Staff Recommendation: Approve Ordinance No. 39, Series of
1991, on first reading.
10:30 p.m. 9. Appointment of election judges for November 19, 1991, Regular
Martha Raecker Municipal Election
Action Requested of Council: Appoint Kay Cheney, Karen
Morter, Vi Brown, Joan Carnie, and Lee Bennett as judges for
the Regular Municipal Election to be held Tuesday, November
19, 1991.
Backaround Rationale: By Charter, judges hired for Regular
Municipal Elections must be appointed by Council.
Staff Recommendation: Appoint the judges recommended.
10:35 p.m. 10. Adjournment
C:WGENDA.TCE
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ORDINANCE NO. 32
Series of 1991
AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 1991,
TO PROVIDE TYPOGRAPHICAL AND WORDING CORRECTIONS
FOR SPECIAL DEVELOPMENT DISTRICT N0. 22,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 10, Series of 1991 repealing and re-enacting SDD No. 22 was
approved with certain typographical and wording errors; and
WHEREAS, the Town Council wishes to correct those errors.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1
Section 4(A)(6) -Setbacks of Ordinance No. 10, Series of 1991 is hereby amended to read
as follows:
Minimum setbacks shall be as indicated on the approved site development plan by Arnold/
Gwathmey/Pratt Architects, dated March 22, 1990. A 4 foot roof overhang shall be allowed in the
front setback for Lots 15-19, provided the rear setback is increased by 4 feet. A 4 foot roof
overhang shall be allowed in the front setback for Lots 20-24, provided the rear setback is
increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2' into the required side
setback of 10' for each lot. An unclosed, unroofed, deck or patio within 5 feet of finished grade
may encroach into the rear setback by 5' for Lots 1-14 and 20-24. No other setback
encroachments shall be allowed.
Section 2
Section 5(G) - Conditions of Approval of Ordinance 10, Series of 1991, is hereby amended
to read as follows:
The development of Special Development District No. 22 will have impacts on the
available employee housing within the Upper Eagle Valley Area. In order to help meet this
additional employee housing need, the developer of Special Development District No. 22 shall
provide employee housing on site. The following restrictions shall apply to all employee dwelling
units within SDD No. 22:
The developer shall build a minimum of six employee dwelling units within the subdivision.
Each employee dwelling unit shall have a minimum square footage of 400 square feet not to
exceed 500 square feet and is allowed to have a kitchen. the GRFA and number of employee
units shall not be counted toward allowable density or GRFA for Special Development District No.
22. The developer may choose to transfer up to 300 sq. ft. of GRFA from the primary unit to the
employee unit. The GRFA transferred will be deducted from the total allowable GRFA of the
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primary unit. The developer may provide up to 24 employee dwelling units including the 6 f`
required dwelling units if so desired.
The employee dwelling units may be located on any of the lots within the subdivision
providing all the development standards are met for each lot. Only one employee dweJlin~g unit
shall be allowed per lot with a maximum of 24 units allowed. An employee dwelling shall be
incorporated into the structure of the primary residence and shall not be allowed to be separated
from the primary unit. Each employee dwelling unit shall have one enclosed garage parking
space. This parking space shall not be detached from the single-family garage or structure. The
employee dwelling unit shall be prohibited from having a wood burning fireplace. Each phase of
construction shall include a minimum of one employee dwelling unit until six employee dwelling
units are constructed and available for rental.
The employee dwelling unit shall be permanently restricted as a rental employee dwelling
unit. The employee dwelling unit shall not be leased or rented for any period of less than 30
consecutive days, and that if rented, it shall be rented only to tenants who are full-time employees
in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley,
Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A full-time
employee is a person who works an average of 30 hours per week. An employee dwellinng unit
shall not be divided into any form of time-share, interval ownership, or fractional fee ownership.
The employee dwelling unit shall not be sold, transferred or conveyed separately from they single
family unit.
The owner of each employee dwelling unit shall be required to declare in writings on an
annual basis to the Town of Vail that the employee dwelling unit has been rented as a long term
rental per the requirements outlined in this section. This declaration shall include a written
statement from the owner listing the renter's name, place of employment, and length of time the
unit was rented. The declaration shall be required to be signed by both the lot owner and renter.
A declaration of covenants and restrictions shall be filed on record in the office of the
Eagle County Clerk and Recorder in the form approved by the Town Attorney for the benefit of
the Town to ensure that the restrictions herein shall run with the land before a building permit is
released for the construction of any employee dwelling unit. The Town of Vail shall be a party
to this employee housing agreement.
Section 3
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect the validity of the remaining portions of
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this ordinance; and the Town Council hereby declares it would have passed this ordinance, and
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each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4
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 5
The repeal or the repeal and reenactment of any provision 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 of by virtue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 6
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL, this 1st day of october , 1991. A public hearing shall be held hereon
on the 15th day of october , 1991, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the Town.
Tom Steinberg, Nlayor Pro Tem
ATTEST:
Pamela A. Brandmeyer, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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ORDINANCE NO. 33
Series of 1991
AN ORDINANCE REPEALING AND RE-ENACTING
SPECIAL DEVELOPMENT DISTRICT NO.2 IN ITS ENTIRETY.
WHEREAS, Special Development District No. 2 was established June 4, 1974; and
WHEREAS, it is the intention of the Homeowners' Association to expand one of the
existing buildings within the Northwoods Special Development District No. 2; and
WHEREAS, Section 18.40.100(8) of the Town of Vail Municipal Code requires that major
amendments to existing SDDs be approved by Town Council by two readings; and
WHEREAS, the Planning and Environmental Commission, at their September 23, 1991
meeting recommended to Town Council by a vote of 4-0 to approve the proposed modification
to Special Development District No. 2.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1
Chapter 18.42 of the Municipal Code of the Town of Vail be repealed and re-enacted as
follows:
18.42.010 -Purpose
A special development district is established to assure comprehensive development and
use of an area in a manner that will be harmonious with the general character of the town,
provide adequate open space and recreational amenities, and promote the objectives of the
zoning ordinance of the town. Ordinarily a special district will be created only when the
development density will be lower than allowed by the existing zoning, an environmental impact
report indicates that the special development will not have a substantial negative effect on the
town or its inhabitants, the development is regarded as complementary to the town by the town
council, planning commission, and design review board, and there are significant aspects of the
special development which cannot be satisfied under the existing zoning. (Ord. 6(1974) _ 2: Ord.
8(1973) Art. 13, Ch.2 (part).)
18.42.020 -Established
Pursuant to the provisions of Chapters 18.02 and 18.66, special development district 2 is
established for the Northwoods development on 7.643 acres as more particularly described in the
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legal description on file in the office of the town clerk. A portion of Block 2, Lot A, and a portion
of Tract B, Vail Village Seventh Filing, said portions together containing 5.774 acres, to be known
as development area A, may be used for development in accordance with Sections 18.42.090
through 18.42.180, the other 1.869 acres in the parcels, to be known as recreational area B, shall
be reserved for open space, recreational amenities, and if necessary a maximum of fifteen
overflow parking spaces, and the 7.643 acres shall be referred to as "SDD No. 2." (Ord. 6(1974)
_ 3(A): Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.030 -Development Plan -Adopted
A. The development plan of Vail Associates, Inc., for its Northwoods development, which is
a part of its application, is approved, incorporated by reference in this chapter, and made
a part of special development district 2, and constitutes a general plan which shall be
complied with for the development within the special district. .
6. Amendments of the development plan shall be :,:,prayed-i~y~#e-#ewfl-eseri~y ~y~esel~4i~
proceed ~s fol':lows ;The sraitial review of thee. proposedSpeciai. Development Destrici:shalt
be held by ttte Planring grid Environmental Commission at a regular scheduled meefing
Prior to this meeting; and at the discretion of the Director ofthe-Department of;Comnunity
'levelopment;; a worksesson may be held weth tine ;applicant, staff and the Plann%rg and.
Envrrormentai Cen'm?ssron to o~scuss the,,proposed SpeGiai Development; Distne~t
t•epoct of the ±Community Development Department staff
siendings and recommendations
shalt be made at the iriteal! formal bearing before the: Planning and Environmental
Commission A report, of the Planning and Environrr3ental Camm~ssrart stating its findrngs
and recommendat,ans, and the staff's report shall then be:transmrtied to the Town Council.
tr accordance with;the applicable provsions:of the administrateore section of the mureicipai,
code: ;,The Town Council shah:;consider trie Special- Devel~opmerlt restrict; and„if ?t is;
t~etermned-that the;praposal sheuld be approved, shah approve;theSpecial-levelopment
District!modifcatron;byordinance, according. toy the admini'siratiorrsection o##he municipal
code;:
C. Each phase of the development shall require the approval of the design review board of
the town, pursuant to the provisions of Chapter 18.54, before the commencement of site
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, preparation, building construction, or other improvement of open space within the special
district by the developer in accordance with the development plan. (Ord. 6(1974) _ 4: Ord
8(1973) Art. 13, Ch. 2(part).)
18.42.040 -Development Plan -Contents
The development plan includes but is not limited to the following data:
A. The environmental impact report, which was submitted to the zoning administrator in
accordance with Chapter 18.56;
B. Existing and proposed contours after grading and site development having contour
intervals of not more than two feet where the average slope on the site is twenty-five
percent or less, and contour intervals of not more than five feet where the average slope
on the site is greater than twenty-five percent. Supplemental documentation of proposed
contours shall be submitted to the zoning administrator with the plans for each phase of
the development;
C. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations and
dimensions of all buildings and structures, uses therein, and all principal site development
features such as landscaped areas, recreational facilities, pedestrian plazas and
walkways, service areas, driveways, and off-street parking and loading areas;
D. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger, showing
existing landscape features to be retained or removed, and showing proposed landscaping
and landscaped site development features such as outdoor recreational facilities, bicycle
paths, trails, pedestrian plazas and walkways, water features, and other elements;
E. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch
equals one foot or larger, in sufficient detail t~ determine gross residential floor area,
interior circulation, locations of uses within buildings, and the general scale and
appearance of the proposed buildings shall be submitted on a phase basis;
F. An architectural model of the site and the proposed development, documented by
photographs, at a scale of one inch equals thirty feet or larger, portraying the scale and
relationship of the development to the site, and illustrating the form and mass of structures
in the development;
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G. Since phased construction is contemplated, a program must be submitted indicating order
and timing of construction phases, phasing of recreational amenities, and proposals for
interim development.-
H. ~ .revised;: site; plan, floor plans and etevatiops. dated September t fi, t 99 ~ , _~showir~g
~mproverr>~nts including a lounge; storage locker area, revised iandscapc plan,, cu r
retaining; Walt, new skiewalk constructed out of unit pavers,:.and a<;new bike lane, prepared
by Pierce, Segerberg and. Spaeh`;Archttects, P C , A.I A
(Ord. 6(1974) _ 5: Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.050 -Permitted Uses.
The following uses shall be permitted in the SDD No. 2 district:
A. A maximum of one hundred twenty-nine dwelling units;
B. A maximum of six dwelling units to house onsitE~ management personnel.
(Ord. 6(1974) _ 6: Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.060 -Conditional Uses.
The following conditional uses shall be permitted in the SDD No. 2 district, subject to
issuance of a conditional use permit in accordance with the provisions of Chapter 18.60:
A. Private clubs and civic, cultural and fraternal organizations;
B. Ski lifts and tows;
C. Public buildings, grounds and facilities;
D. Public park and recreational facilities.
(Ord. 6(1974) _ 7: Ord. 8(1973) Art. 13, Ch. 2(part).)
E. Major arcade, so long as it does not have any exterior frontage on any public way, street,
walkway, or mall area. (Ord 6(1982).
18.42.070 -Accessory Uses.
The following accessory uses shall be permitted in the SDD No. 2 district:
A. Private underground garages, swimming pools, patios, or recreational facilities customarily
incidental to permitted residential uses;
B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor
area;
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C. Home occupations, subject to issuance of a home occupation permit in accordance with
the provisions of Sections 18.58.130 through 18.58.190;
D. Other uses customarily incidental and accessory to permitted or conditional uses, and
necessary for the operation thereof.
(Ord. 6(1974) _ 8: Ord. 8(1973) Art. 13, Ch. 2(part).)
E. Minor arcade. (Ord. 6(1982).)
18.42.080 -Lot Area and Site Dimensions
Special district 2 shall consist of two development areas totalling 7.643 acres as specified
in Section 18.42.020. (Ord. 6(1974) _ 9(A): Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.090 -Setbacks
The required setbacks shall be as indicated in the development plan, being a minimum
of ten feet. (Ord. 6(1974) _ 9(B): Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.100 -Distance Between Buildings.
The minimum distances between all structures shall be as indicated in the development
plan, being a minimum of thirty feet. (Ord. 6(1974) _ 9(C): Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.110 -Height.
The maximum height of buildings shall be forty-five feet. (Ord. 6(1974) _ 9(D): Ord.
8(1973) Art. 13, Ch. 2(part).)
18.42.120 -Density.
The combined gross residential floor area (GRFA) of all buildings constructed in special
district 2 shall not exceed one hundred seventy-five thousand square feet. (Ord. 6(1974) _ 9(E):
Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.130 -Building Bulk.
The maximum length of any wall of a building face shall be one hundred seventy-five feet
with a minimum offset of seven and one-half feet for every eighty feet of wall length; and the
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maximum distance in the same plane between any two corners of a building shall be two hundred -
twenty-five feet. (Ord. 6(1974) _ 9(F): Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.140 -Coverage.
Not more than twenty-five percent of the total site area may be covered by buildings.
(Ord. 6(1974) _ 9(G): Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.150 -Open Space.
A. Useable open space for dwelling units shall be required as indicated in the development
plan, but in no case shall the useable open space requirements be less than as follows:
1. A minimum of one square foot of useable open space for each four feet of gross
residential floor area;
2. Not less than one hundred fifty square feet of useable open space shall be
provided for each dwelling unit.
B. Useable open space may be common space accessible to more than one dwelling unit,
or private space accessible to separate dwelling units, or a combination thereof. At least
fifty percent of the required useable open space shall be provided at ground level,
exclusive of required front setback areas.
C. At least seventy-five percent of the required ground-level useable open space shall be
common space. The minimum dimension of any area qualifying as ground level useable
open space shall be ten feet.
D. Not more than fifty percent of the useable open space requirement may be satisfied by
balconies or roof decks. The minimum dimension of any area qualifying as non-ground-
level useable open space shall be five feet, and any such area shall contain at least fifty
square feet.
(Ord. 6(1974) _ 9(H): Ord. 8(1973) Art. 13, Ch. 2(part).)
18.42.160 -Landscaping and Site Development.
A. At least sixty percent of the total site area shall be landscaped as provided in the
development plan.
B. Within any area exempted from onsite parking and/or loading requirements, property
owners or applicants shall be required to contribute to the town parking fund, established
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• by this section for the purpose of meeting the demand and requirements for vehicle
parking. At such time as any property owner or other applicant proposes to develop or
redevelop a parcel of property within an exempt area which would require parking and/or
loading areas, the owner or applicant shall pay to the town the parking fee required in this
section prior to the issuance of a building permit for said development or redevelopment.
1. The parking fund established in this section shah receive and disburse funds for
the purpose of conducting parking studies or evaluations, construction of parking
facilities, the maintenance of parking facilities, the payment of bonds or other
indebtedness for parking facilities, and administrative services relating to parking.
2. The parking fee to be paid by any owner or applicant shall be determined by the
town council; provided in no event shall it be less than one thousand dollars per
space, and in addition, that owners or applicants similarly situated shall be treated
equally. If any payor's funds are not used by the town for one of the purposes
specified in subdivision within five years from the date of payment, the unused
portion of the funds shall be returned to the payor upon his application.
3. In accounting for the funds expended from the parking fund, the finance
department shall use a first in/first out rule.
4. If any parking funds have been paid in accordance with this section and if
subsequent thereto a special or general improvement district is formed and
assessments levied for the purpose of paying for parking improvements, the payor
shalt be credited against the assessment with the amount previously paid. (Ord.
13(1978) _ 4; Ord. 6(i 974) _ 9(I); Ord 8(1973) Art. 13, Ch. 2(part).)
18.42.170 -Parking and Loading
A. The quantity of off-street parking and loading facilities shall be provided in accordance
with Chapter 18.52.
B. At least eighty-five percent of the required parking shall be located within the main building
or buildings, or beneath accessory decks, terraces, or plazas, and shall be completely
enclosed and screened from view; and provided, further, that no required parking shall be
exposed surface parking unless such is necessary and approval therefor is obtained from
the planning commission.
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C. No parking or loading area shall be located in any required front setback area.
(Ord. 6(1974) _ 9(J); Ord. 8(1973) Art. 13, Ch. 2(part).)
Section 2
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect 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 any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3
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 4
The repeal or the repeal and reenactment of any provision 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 of by virtue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
SECTION 5
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent here~nrith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE 1N FULL, this 1st day of October , 1991. A public hearing shall be held hereon
on the lath day of October , 1991, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the Town.
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homas Sternberg, Mayor Pro Tern(
ATTEST: pp
~3~tc.~CLI'~Gc.J
Pamela A. Brandmeyer, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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ORDINANCE NO. 35
SERIES OF 1991
AN ORDINANCE AMENDING SECTION 18.04.360, SITE COVERAGE OF THE
MUNICIPAL CODE OF THE TOWN OF VAIL AND SETTING FORTH THE DETAILS
IN REGARD THERETO
WHEREAS, site coverage is an important tool for controlling the level of development
in the town; and
WHEREAS, modifications to site coverage as defined in the Vail Municipal Code are
necessary to ensure its effectiveness; and
WHEREAS, in accordance with Section 18.66, the Planning and Environmental
Commission held a public hearing on the proposed amendment on September 23,1991 and
has submitted its recommendation to the Town Council to approve the proposed amendment;
and
WHEREAS, The Town Council has held a public hearing as required by Chapter 18.66
of the Vail Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1
Section 18.04.360 Site Coverage of the Municipal Code of the Town of Vaul is amended to
read as follows:
18.04.360 Site Coveraae
"Site coverage" means the ratio of the total building area on a site to the total area of a
site, expressed as a percentage. For the purpose of calculating site coverage,
"building area" shall mean the total horizontal area of any building, carport, porte
cochere, arcade, and covered or roofed walkway as measured from the exterior face of
perimeter walls or supporting columns above grade or at ground level, whichever is the
greater area. For the purposes of this definition, a balcony or deck projecting from a
higher elevation may extend over a lower balcony, deck or walkway, and in such case
the higher balcony or deck shall not be deemed a roof or covering for the lower
balcony, deck or walkway. In addition to the above, building area shall also include
any portion of a roof overhang, eave, or covered stair, covered deck, covered porch,
covered terrace or covered patio that extends more than four feet from the exterior
face of the perimeter building walls or supporting columns.
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Section 2
!f 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
any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
Section 3
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 inhabitants thereof.
Section 4
The repeal or the repeal and reenactment 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 reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
Section 5
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
hereby repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ AND PASSED ON FIRST READING THIS lstday Of October
1991, and a public hearing shall be held on this Ordinance on thel5thday of October
1991 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordered published in full this lsttiay of October , 1991.
~ ~ ~ / 7~~ ~C.~,
Thomas Steinberg, Mayor Pro Tem
ATTEST:
,u-d~i~(.~f~
Pamela A. Brandmeyer, Town Clerk
2
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this _ day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
~:brdb~d~ ~.s~
3
~=i~~
ORDINANCE NO. 34, Series of 1991
AN ORDINANCE AMENDING SECTION 3.16.050 OF THE MUNICIPAL CODE
TO PROVIDE THAT ANY CONTRACT FOR THE CONSTRUCTION OF
A PUBLIC IMPROVEMENT WITH A VALUE OF NOT MORE THAN $100,000
MAY BE NEGOTIATED BY THE TOWN MANAGER
WITHOUT SUBMITTING IT FOR BID; AND SETTING FORTH THE DETAILS
IN REGARD THERETO
WHEREAS, the cost of submitting Public Works contracts with a value of less than
100,000 unnecessarily increases the cost of the contract; and,
WHEREAS, the Town Code presently provides that before the Town Manager may enter
into negotiations for a contract to construct a particular local improvement or to form work
thereon, it must be authorized by the Town Council by resolution; and,
WHEREAS, in many situations time is of the essence and the Town Council believes that
permitting the Town Manager to negotiate such contracts of less than $100,000 without having
to have such negotiation authorized by a resolution would expedite the issuance of small Public
Works contracts by the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. Section 3.16.050 of the Municipal Code of the Town of Vail is hereby amended to
read as follows:
3.16.050 NEGOTIATED CONTRACT
The Town Manager shall have the right to enter into negotiations for a contract to
construct a particular local improvement or to perform work thereon without submitting it for bid
and without obtaining the previous approval of the Town Council if the value of the contract is not
greater than $100,000. The Town Manager shall have the right to enter into negotiations for a
contract to construct a particular local improvement or to perform work thereon without submitting
it for bid with the prior approval of the Town Council if the value of the contract is greater than
$100,000.
2. 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 any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
1
3. 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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail 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 proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extend only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ AND APPROVED ON FIRST READING this day of
1991, and a public hearing shall be held on this Ordinance on the day
of , 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Ordered published in full this day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:\ORD.34
2
~i ~ ~
1 f' MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: September 23, 1991
SUBJECT: A request for a major subdivision preliminary plan and a Special Development
District for an unplatted 7.5 acre parcel generally located east of Nugget Lane
and south of Gore Creek.
Applicant: Timberfalls Association
Planner: Mike Mollica
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I. DESCRir i iON OF THE REQUEST
Timberfalls is a 7.5 acre unplatted parcel, generally located east of Nugget Lane and south of
Gore Creek Drive in the East Vail area. The property is bounded by the Timberfalls
Condominiums to the east, Gore Creek and duplex-zoned lots to the north (Streamside
Circle), duplex-zoned lots to the west (Nugget Lane), and a large, unplatted parcel of land
zoned Agricultural and Open Space to the south.
The applicant, Ron Riley, representing Timberfalls Associates, is requesting approval of the
following:
1. The establishment of a Special Development District, and
2. Preliminary plan approval for a major subdivision.
The property is currently zoned Low Density Multiple Family (LDMF), and based upon the
buildable area of this site, the property is zoned for a total of 55 dwelling units. The
proposed development plan is comprised of 14 residential lots. Each lot, with the exception
of Lots 10 and 11, would permit one single family dwelling unit, plus one "caretaker unit,"
for a total of 26 dwelling units. Lots 10 and 11 would be designated as single family lots.
The total GRFA requested is 62,700 square feet. The lot sizes range from approximately
14,300 sq. ft., up to approximately 41,200 sq. ft. An existing creek is proposed to be
realigned to cross the subdivision. Two ponds will also be created at the entrance to the
subdivision.
w
' ORS
Access to the site is proposed via Nugget Lane, immediately south of the Gore Creek ]Bridge.
Access to the lots would be provided by a private, 22-foot wide road, approximately 500 feet
in length, ending in a cul-de-sac. Lot numbers 10-13 would have a separate access just south,
off of the main roadway. Please see the attached site plan for further information regarding
the layout of the lots and the access roadways. All utilities would be located underground.
The applicant's proposed SDD would exceed the underlying LDMF zone district in the
following areas:
1. Minimum Frontage -Lots 5, 10 and 11 do not meet the required 30-foot
minimum frontage.
2. Setbacks - It is y~.,t.osed that all lots have a 15-foot side yard setback, versus
the LDMF required 20-foot side yard setback.
3. GRFA -Although the proposed GRFA for the project as a whole is
substantially less than what the underlying zoning would allow, Lots Nos. 1-4
are proposed to be allocated more GRFA than what the underlying LD]VIF zone
district would allow, given their individual "buildable area" sizes.
4. Minimum Lot Area -Lot 3 does not meet the LDMF required minimum lot
area of 10,000 sq. ft. of "buildable area." Lot 3, as proposed, would have
8,176 sq. ft. of "buildable area." All the other lots would meet the 10,000 sq.
ft. minimum lot area.
The Timberfalls parcel is located in the LDMF zone district. As such, the permitted uses in
the zone district are as follows:
1. Single-family residential dwellings
2. Two-family residential dwellings
3. Multiple-family residential dwellings, including attached or row dwellings and
condominium dwellings.
2
a II. ZONING t"~ONS11)ERATIONS
J ~ The following table outlines the Timberfalls' zoning analysis, indicating the underlying
zoning, which is LDMF and the proposed Special Development District. The project's
departures from the LDNiF zone district standards are highlighted in bold type.
Underlying Zoning
l.ow Density Multiple Family Proposed SDD
Site Area 326,700 sq. ft. or 7.5 acres 326,700 sq. ft. or 7.5 acres
Area Over 4046 Slope -3563 sq. ft. -35,363 sq. f¢.
Area Located Within
100-Year Floodplain -21,144 sa. ft. -21.144 sa. ft.
Buildable Area 270,209 sq. ft. 270,209 sq. ft.
Minimum Lot Area 10,000 sq. ft. of Varies, hom 8,176 sq. ft.
buildable area per lot to 29,255 sq. it.
Minimum Frontage 30 ft. Varies, see attached
site plan
Setbacks
Front 20 ft. 20 ft.
Rear/Sides 20 ft. 20 ft. rear
15 tt. sides
Building Height 35 ft -flat roof 33 h. -sloping root
38 ft. -sloping roof
Density 9 DUs per buildable acre, 14 DUs, 12 with
or 55 DUs for the site caretaker units = 26 DUs
GRFA 81,062.7 sq. ft. or 30% 62,700 sq. R. or 2346++
of the buildable area
(plus 225 sq. ft. per DU)
Site Coverage 114,345 sq. ft. or 354'0 62,700 sq. R. or 2346+++
Landscaping A minimum of 40% of each A minimum of 4046 of each
lot shall be landscaped lot shall be landscaped
Parking Per TOV parking standards Per TOV parking standards
++Note: On Lots 1-5 the maximum allowable GRFA requires that a minimtun of 1,000 square feet be
utilized as basement space below existing grade. These basement spaces are allowed to be
"walk-out" basements. On Lots 12-14, 500 square feet of the maximum allowable GRFA shall
be utilized only as basement space, as described above.
*++Note: The maximum allowable site coverage for each individual lot shall not exceed the maximum
allowable GRFA for each lot
3
III. SPECIAL DEVELOPMENT DISTRICT CRITERIA ,
The criteria to be used to evaluate this proposal are the 9 Special Development District (SDD)
development standards set forth in the special development district chapter of the Zoning
Code. The criteria are as follows:
A. g3esign compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural desitm,
scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
The planning staff is supportive of the applicants' proposed 141ot preliminary plan
subdivision. We believe the applicant has designed a subdivision which is very
responsive to the existing natural conditions on the site, such as the Gore Creek 100-
year floodplain and associated setbacks, the natural topography of the site, and. the
large area of existing, mature spruce trees. No buildings are proposed within the 100- . .
year Gore Creek floodplain or within the 50-foot setback line from the center of Gore
Creek. On the larger lots in the proposed subdivision (Lots 7-11), the applicant has
agreed to add a "no-build line" along the southern portion of those lots. The intent of
this line is to further control the locations of development on the lots, given th.e steep
hillside to the south. This "no-build line" is an additional level of control which the
staff strongly supports, and which we believe will be more effective than creating
building envelopes on each of the lots.
The applicant is proposing architectural controls and guidelines which are intended to
supplement the existing Town regulations regarding architectural design. It is
proposed that these architectural guidelines will be incorporated into the covenants for
this subdivision. At the direction of the PEC, during the September 13, 1991
worksession, there will not be any additional architectural guidelines incorporated into
the SDD ordinance for this subdivision. It was agreed that the PEC and the staff both
felt comfortable utilizing the existing design review guidelines which the Town
currently has in place for single family and primary/secondary type development.
Dwelling units and garages shall be designed within a single structure. The applicant
has agreed to abide by the requirements in Section 18.54.050(17 of the Municipal
Code, should a separation of the primary unit and/or caretaker unit and/or garage be
requested.
B. Uses, activity and density which provide a rnmpatible, efficient and
workable relationship with surrounding uses and activity.
The staff believes that the applicants' proposed uses for the site, single family
and primary/caretaker residential dwellings, are very compatible uses in this
zone district and in this neighborhood. We are supportive of the applicants'
4
request to reduce the overall density on this site, from 55 dwelling units, down
to 26 dwelling units. We also support the applicants' request to reduce the
overall GRFA on the site by approximately 18,000 sq. ft. The staff has
carefully analyzed the applicants' request to redistribute the allowable GRFA
on a lot-by-lot basis, as indicated in the chart below. We feel comfortable with
the applicants' proposed GRFA distribution, given that certain lots will require
a percentage of the GRFA to be utilized as basement space, and also that the
proposed building heights will not exceed 33 feet. It should be noted that, in
the LDMF zone district, the maximum building height is 38 feet.
Proposed SDD LDMF
Lot Maximum GRFA Maximum GRFA
1 4,500* 3,129
2 4,500* 3,240
3 4,300* 2,453
4 4,500* 3,533
5 5,000* 6,050
6 4,000 5,002
7 4,800 7,032
8 5,000 8,777
9 4,800 7,018
10 4,500 4,546
11 4,000 4,063
12 4,300** 5,736
13 4,300** 5,683
14 4,200** 5,515
* On Lots 1-5, the maximum GRFA listed includes a minimum of 1,000
sq. ft., which shall be utilized as basement space, below existing grade.
The GRFA maximum on these lots for the above ground space is the
total GRFA listed above minus 1,000 sq. ft. In other words, 1,000 sq.
ft. of GRFA is allowed only as basement space, in order to reduce the
above ground mass of the structures upon these lots. These basement
spaces are allowed to be "walk-out" basements.
On Lots 12-14, 500 sq. ft. of the maximum GRFA shall be utilized only
as basement space, as described above.
Since the September 9, 1991 PEC worksession, the applicant has amended the project
as follows:
1. Lot Nos. 1-9 and 12-14 shall be designated as single family lots with
the ability to have one caretaker unit.
2. Lot Nos. 10 and 11 shall be designated as single family lots.
5
3. All caretaker units shall be restricted to a maximum GRFA of 900 sq.
ft.
4. No caretaker unit shall be sold separately from the main, or primary,
unit.
5. No caretaker unit shall be rented on a short term basis.
C. Compliance with parking and loading requirements as outlined in Chapter
_ 18,52.
Parking for the subdivision will be provided in accordance with Chapter 18.52.100,
which is the standard parking schedule currently utilized for all developments within
the Town of Vail. There are no loading requirements associated with this
development.
D. Conformity with applicable elements of the Vail Comprehensive Plan,
To«~,. policies and Urban Design Plans.
The Town of Vail Land Use Plan shall be utilized as a guideline in any request for a
Special Development District. This property has been identified in the Land Use Plan
as "Low Density Residential." The Low Density Residential designation reads as
follows:
"This category includes single-family detached homes and two family dwelling
units. Density of development within this category would typically not exceed
3 structures per buildable acre. Also within this area would be private
recreation facilities such as tennis courts, swimming pools and club houses for
the use of residents of the area. Institurionalfpublic uses permitted would
include churches, fire stations, and parks and open space related facilities."
This SDD proposal was also analyzed according to the Town of Vail Land Use; Plan
Goals and Policies. Staff has identified the following goals and policies we believe to
be relevant to this proposal:
Goal 1.6 Development proposals on the hillsides should be evaluated on a case
by case basis. Limited development may be permitted for some low
intensity uses in areas that are not highly visible fi„?.. the Vallee floor.
New projects should be carefully controlled and developed with
sensitivity to the environment.
Goal 1.12 Vail should accommodate most of the additional growth in exislang
developed areas (infill areas).
6
- Goal 5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as app,~t,~:ate in new areas where high
hazards do not exist.
Goal 5.4 Residential growth should keep pace with the market place demands for
a full range of housing types.
The staff believes that the applicants' r...r~sed SDD and preliminary plan for a major
subdivision comply with the above-stated goals and objectives, as well as the Land
Use Plan's designation of "Low Density Residential."
E. Identification and mitigation of natural and/or geologic hazards that affect
the property on which the special development district is proposed.
1. The southern portion of the Timberfalls parcel is mapped as a "severe
rockfall hazard" on the Town of Vail hazard maps. A site specific • .
hazard investigation, completed by Art Mears on August 28, 1991,
summarizes the rockfall hazard as follows:
"In summary, rockfall does not appear to be a hazard on any
portion of the parcel, and should not serve as a constraint to
building on the site."
2. The northeast corner of the Timberfalls parcel is shown as being within
a "moderate hazard debris flow hazard area" on the Town of Vail maps.
According to Art Mears:
"Moderate hazard means Lots 5 and 6, and the building
envelopes, could be reached by muddy water, small rocks, and
vegetative debris during a rare debris flow event. Mitigation to
buildings on Lots 5 and 6 could be accomplished by flood
proofing and direct protection of exposed foundation and
building walls. Alternately, mitigation could be achieved by
designing a small settling pond and berm in the flat area above
the tennis courts. Final mitigation details for Lots 5 and 6
depend on architectural and landscaping details which are not
currently available. The mitigation on these lots, however, can
easily be incorporated into building design without adversely
affecting adjacent public or private ~~.,~~erty."
7
3. Art Mears has also completed an analysis of the snow avalanche
dynamics and the existing avalanche berm capacity adjacent to this '
parcel. His conclusions are as follows:
"1. The flow height of the design avalanche is less than the existing
berm height.
2. The maximum deposit height of the design avalanche is less than
the berm height.
3. Lateral ~?„~ading of the avalanche below the berms (in the
tennis courts) is accurately shown on the original drawings.
4. The existing berm, therefore, does not require modificatic?ns or
enlargements to mitigate the design avalanche."
The only hazard mitigation which would be necessary is for the debris
flow hazard on Lots 5 and 6. Staff recommends that language be added
to the face of the final plat indicating that asite-specific debris iFlow
mitigation plan be completed for Lots 5 and 6 prior to the issuance of •
any budding permits for the lots.
F. Site plan, building design and location and open space provisions designed
to produce a functional development responsive and sensiteve to natural
features, vegetation and overall aesthetic quality of the community.
The staff has reviewed this proposed development with regard to the purpose section
of the Special Development District chapter of the Town of Vail zoning code (Section
18.40.010), which reads as follows:
"The purpose of the special development district is to encourage flexibility and
creativity in the development of land in order to promote its most appi.,y~;ate
use; to improve the design character and quality of new development within the
town; to facilitate the adequate and economical provision of streets and
utilities; to preserve the natural and scenic features of open space areas; and to
further the overall goals of the community as stated in the Vail Comprehensive
Plan. An approved development plan for a special development district, in
conjunction with a yr..r4rty's underlying zone district, shall establish the
requirements for guiding development and uses of r~~~rertY included n~ the
special development district."
We believe the applicant has produced a very well-designed preliminary subdivision
plan, utilizing the flexibility of the SDD process. Again, we believe the applicant has
been very responsive to protecting the Gone Cheek 100-year floodplain and the existing
mature vegetation on the site. For example, the applicant has reduced the density on
Lots 10 and 11 to single family only dwellings. By proposing single family dwellings,
the applicant is able to provide access to these lots via a 15-foot private driveway
S
easement. This access easement passes through a very heavily-wooded area. Had the
applicant Y.„r,osed primary/secondary type units on Lots 10 and 11, the private access
easement would have to be widened to 22-feet in width.
G. A circulation system designed for both vehicles and pedestrians addressing
on and ofl:site traffic circulation.
The on-site circulation system is designed to be a 22-foot paved, private roadway, with
a 40-foot right-of-way. The access mad will ternninate with a cul-de-sac, which has
been designed to meet the Public Works and Fire Departments' standards.
The staff has reviewed the potential off-site impacts of this subdivision, specifically
with regard to the existing Nugget Lane bridge over Gore Creek. The Town Engineer
has reviewed this issue, and has discovered that this bridge was completely rebuilt by
the Town in 1981. It was rebuilt with a restricted width of 13.4 fret. It should also
be noted that, at the time the bridge was being reconstructed, this property was zoned
for 55 dwelling units. Although the Town staff has some concerns with the narrow
width of this bridge, the Public Works and Fire Departments and the planning staff ail
agree that it should not be the applicants' responsibility to upgrade the bridge so that it
could accommodate 2 lanes of traffic.
H. Functional and aesthetic landscaping and open space in order to optimize
and preserve natural features, recreation, views and functions.
The applicant has verbally stated they will be proposing specific landscaping in the
area of the subdivision entry, possibly in the form of an entry gate and associated
plantings. The preliminary site plan does indicate two ponds, which would be located
near the subdivision entry, along the northern boundaries of Lots 12 and 14. The staff
feels comfortable in deferring the detailed grading and landscaping plans for the
ponds, entry gate and landscaping until final plat. The PEC, at the September 9, 1991
worksession, also agreed this would be reasonable.
I. Phasing plan or subdivision plan that will maintain a workable, functional
and efficient relationship throughout the development of the special
development district.
The applicants' plan for the completion of the, subdivision is to install the site
infrastructure during the spring and summer of 1992. It is proposed that all
infrastructure improvements be completed during this period, and that lot sales and
individual home construction could occur simultaneously.
9
IV. CRITERIA FOR A MAJOR SUBDMSION,
The PEC review criteria for major subdivisions are found in Section 17.16.110 of the Town
of Vail Subdivision Regulations and reads as follows:
"The burden of proof shall rest with the applicant to show that the application is in
compliance with the intent and purposes of this chapter, the zoning ordinance and
other pertinent regulations that the PEC deems applicable. Due consideration shall be
given to the recommendations made by public agencies, utility companies and other
agencies consulted under Section 17.16.090. The PEC shall review the application and
consider its arr...rriateness in regard to town policies relating to subdivision control,
densities proposed, regulations, ordinances and resolutions and other applicable
documents, environmental integrity and compatibility with the surrounding land uses
and other applicable documents, effects on the aesthetics of the town, cnvironmental
integrity and compatibility with the surrounding land uses."
A. Public Agency and Utility Company Reviews .
Notification has been mailed to the following agencies and, as of this date, no
comments have been received by the Town of Vail:
1. U.S. Forest Service
2. Upper Eagle Valley Water and Sanitation District
3. Public Service Company of Colorado
4. Holy Cross Electric Association
5. U.S. West Communications
6. Heritage Cablevision
V. STAFF RECOMMENDATION
The staff recommendation for the applicants' proposed Special Development District and
preliminary plan for a major subdivision is for approval. It is the staff's opinion that the
applicants' request would further the goals of the community, as stated in the Vail
Comprehensive Plan, and that the y.~~,osed SDD meets the criteria, as stated in the SDD
chapter of the zoning code (Section 18.40.010). We believe the applicant has been very
sensitive in the overall design of the subdivision, specifically with regard to the 100-year
floodplain, the site's topography and the existing vegetation on site. Staff recommends the
following conditions of approval:
1. That engineered drainage and roadway plans be provided during the final plat review.
2. That detailed grading, drainage and landscaping plans be provided, as discussE;d in
Section III(H), above.
10
3. That an engineered utility plan be provided at final plat.
4. That language be added to the face of the final plat, indicating that asite-specific
debris flow hazard mitigation plan be completed for Lots 5 and 6, as discussed in
Section III(E), above.
The applicant has discussed with the staff the possibility of making minor changes to the
development plan, such as slightly moving lot lines to accommodate the results of the detailed
engineering studies which are a part of the final plat submittal. It is also possible that the
applicant may propose the access road to be a public road. (This would require an additional
10 feet of right-of-way.) The staff feels that these types of minor changes, which do not
substantially alter the character or intent of the aYY..,ved SDD and preliminary plan, are
acceptable at the final plat review.
c:lpec4nemoskimbrfa1.923
11
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• ARTHUR 1. MF.ARS, P.E., INC.
Natural Hazards Consultants
' 222 Eau Gothic Ave. '
Ctcmiwn, Cobndo 81 Z30
303 - b4I.3236
August 28, 1991
Mr. Ron Reilly
Timberfalls Association
228 Ridge Street
Vail, CO 81657
Dear Mr. Reilly: ~ '
At your request, I completed a site inspection of an unpla~ted •
parcel west of the Timberfalls development in East Vail on August
27, 1991. The purpose of the site visit was to quantify the
potential rockfall hazard on the site. The southern portion
(approximately 250) of this parcel is mapped as "severe" rockfall
hazard on Town of Vail maps. In addition to the site inspection,
I conducted a study of aerial photographs dated 1939, 1950, 1962,
1974, and 1984. Some of these photos pre-date development and
provide an excellent view of the area prior to man's disturbance
and can be used to locate rocks which may have fallen into the
area that was to become the parcel in question.
The following observations and conclusions result from my study.
a. Rock deposits characteristic of rockfall origin
were not identified on the site through aerial-photo
inspection•or the site visit.
b. The slope above the site consist of a mature forest
with no perched boulders capable of rolling and
bouncing down the slope and reaching the parcel.
c. The distinct limestone cliff band, which serves as
a rockfall source at many Vail areas, does not crop out
on the slope above the parcel.
In summary, rockfall does not appear to be a hazard on any
portion of the parcel and should not serve as a constraint to
building on the site.
Please contact me if you have any questions.
Sincerely,
Cc~~c~~~~ ~
Arthur Z. Mears, P.E.
Avalanche-control engineer
Mcu Wmeing • Aualanchn Aoabnche ControlEnpfneerfng
ARTHUR 1. MEARS, P.E., INC. .
Natural Hazards Coeuultants
222 L:u~ G+h~c A.e. ,
Gunniwn. Colorado $i 230
303 - 6•~1.3236
September 4, 1991
Mr. Ron Reilly
Timberfalls Association
228 Ridge Street
Vail, CO 81657
Dear Mr. Reilly:
At your request, I have completed (a) an analysis of avali~Dche
dynamics and existing avalanche-berm capacity at Timberfalls, and
(b) an evaluation of the debris-flow hazard. This work was based
on a site inspection conducted on August 27, 1991 and upon •
revised avalanche-dynamics calculations.
AVALA?1CHE DYNAMICS AND BER^i CAPACITY
An original avalanche analysis and berm specification was
completed by Mr. Hans Frutiger, a Swiss avalanche-control
engineer, in 1973. The analysis reported here applies current
avalanche-dynamics methods, including modified Swiss and American
procedures (Balm, 1990; Mears, in prep.}, to compute the
avalanche dynamics and adequacy of the existing berms.
The following summarizes the methodology used. Computational
details are included in the Appendix.
1. Design-avalanche ("100-year" return period) ~unaut
distance was determined through inspection of a
regional database of extreme avalanches. The runout:
distance ends on the north side of Gore Creek assuming
natural terrain without the berm in place.
2. A desicn slab thickness of 1.60m over the starting
zone area of 44,400mj was estimated by analysis of
extreme storm data.
3. Velocity, flow height. discharcre, and deposit
~eiQht, were computed through application of the Swiss
avalanche-dynamics procedures (Balm, 1990). The runout
distance was forced to stop at the point determined in
step "1," above. The present berm configuration and
location of excavations and tennis courts were used in
final calculations.
Mau Wa+rrng • Ata/anrhee • Arolenche ControlEr~neer+nl
The following conclusions about berm effectiveness were reached
as a result of this analysis and site measurements.
1. The flow height of the design avalanche is less
than the existing berm height.
2. The maximum deposit height of the design avalanche
is less than the berm height.
3. Lateral st~readinc~ of the avalanche below the berms
(in the tennis courts) is accurately shown on the
original (Frutiger, 1973) drawings.
The existing berm, therefore, does not require modifications or
enlargements to mitigate the design avalanche.
DEBRIS FLOWS
The northeast corner of the unplatted parcel (on the west~~s~ide of
the avalanche berm) is shown as being within a "moderate-hazard".
debris-flow area on the 1984 Town of Vail "Geologically-sensitive
area" (GSA) maps. This includes portions of proposed lots 5 and
6, as shown on the Timberfalls site plan dated 6/10/91. Moderate
hazard means Lots 5 and 6 and the building envelopes could be
reached by muddy water, small rocks, and vegetative debris during
a rare debris-flow event. Extensive building damage and/or loss
of life will not be a problem. The return period of. the design
debris-flow is ~ 100 years.
Mitigation to buildings on Lots 5 and 6 could be accomplished by
flood-proofing and direct protection of exposed foundation and
building walls. This method has been used at other buildings in
Vail. Alternately, mitigation could be achieved by designing a
small settling pond and berm in the flat area above the tennis
courts. Final mitigation details for Lots 5 and 6 depend on
architectural and landscaping details which are not currently
available. The mitigation on these lots, however, can easily be .
incorporated into building design without adversely affecting
adjacent public or private property.
Please contact me if you have any additional questions.
Sincerely,
~Z~ ~ ~
A thur I. ears, P.E.
~
Avalanche-control engineer .
Encl. Appendix
ORDINANCE NO. 36
Series of 1991
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF
SPECIAL DEVELOPMENT DISTRICT NO. 27,
FOREST GLEN (A.K.A. TIMBER FALLS); ADOPTING A
DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 27
IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development
Districts within the Town in order to encourage Nexibility in the development of land; and
WHEREAS, application has been made for Special Development District approval for a
certain parcel of property within the Town, generally described as an unplatted parcel located
East of Nugget Lane and south of Gore Creek and legally described in the attached Exhibit A;
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission held a public hearing on the proposed SDD, and has submitted a recommendation
for approval to the Town Council; and
WHEREAS, all notices as required by Section 18.66.080 have been sent to the
appropriate parties; and
WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of
the Vail Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1
The Town Council finds that all the procedures for Special Development Districts in
Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied.
Section 2
A Special Development District is established to assure comprehensive development and
use of an area in a manner that would be harmonious with the general character of the Town, -
provide adequate open space and promote the objectives of the Zoning Ordinance of the Town.
Section 3
The Town Council finds that the development plan for Special Development District No.
27 meets each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town
of Vail or demonstrates that either one or more of them is not applicable, or that a practical
1
solution consistent with the public interest has been achieved. In accordance with Section
18.40.040, the development plan for Special Development District No. 27 is approvedl. The
development plan is comprised of those plans submitted by Inter-Mountain Engineering, Ltd., and
consists of the following documents:
1. Topographical Survey; dated 4/6/82, sheet 1 of 1, revised 10/4/84 and 1/2.9/85.
2. Slope Analysis; dated 9/4/91, sheet 1 of 1.
3. Tree Locations; dated 6/10/91, sheet 1 of 1, revised 6/23/91.
The development plan is a{so comprised of those plans submitted by Dennis Anderson
Associates, Inc., and consists of the following:
1. Illustrative Site Plan; dated 9/9/91.
2. Preliminary Site Plan; dated 6/10/91, sheet 1 of 1, revised 6/23/91.
The development plan also requires the approval of the Final Plat for the major subdivision, as
approved by the Town's Planning and Environmental Commission.
Section 4
Development standards for Special Development District No. 27 are approved by the Town
Council as a part of the approved development plan as follows:
A. SETBACKS:
Setbacks shall be 20 feet front, 20 feet rear, 15 feet sides and as further restricted
on the development plans set forth in Section 3 of this Ordinance.
B. HEIGHT:
Building height, for a sloping roof, shall not exceed 33 feet from existing or finished
grade, whichever is more restrictive.
C. DENSITY:
Development in SDD No. 27 shall be limited to 1 single family dwelling for Lots 10
and 11; and to 1 single family dwelling, with an optional caretaker unit, for Lots 1-9
and 12-14. Gross Residential Floor Area (GRFA) shall be as described in Section
18.04 of the Town of Vail Municipal Code. It should also be noted that the
provision for an additional 425 sq. ft. of GRFA, which is applicable to certain zone
districts, does not apply to this Special Development District. The GRFA for SDD
No. 27 shall be allocated as follows:
2
Lot Maximum Allowable GRFA
1 4,500'
2 4,500*
3 4,300`
4 4,500"
5 5,000'
6 4,000
7 4,800
8 5,000
9 4,800
10 4,500
11 4,000
12 4,300"
13 4,300"
14 4,200**
On Lots 1-5, the maximum allowable GRFA listed includes a minimum of
1,000 sq. ft., which shall be utilized as basement space, located
substantially below existing grade. The maximum allowable GRFA on
these lots for the above ground space is the total GRFA listed above minus
1,000 sq. ft. It is not a requirement that any dwelling unit have 1,000 sq.
ft. of basement space, but if a lot owner wishes to utilize all the allowable
GRFA for a given lot, then a minimum of 1,000 sq. ft. shall be required to.
be utilized as basement space.
On Lots 12-14, 500 sq. ft. of the maximum allowable GRFA shall be
utilized only as basement space, as described above.
1. All caretaker units shall be restricted to a maximum GRFA of 900 square
feet.
2. No caretaker unit shall be sold, transfered, conveyed or subdivided
separately from the main, or primary unit.
3. No caretaker unit shall be leased or rented for any period less than 30
consecutive days.
3
D. SITE COVERAGE:
The maximum allowable site coverage for each individual lot shall not exceed the
maximum GRFA for each lot.
E. LANDSCAPING:
At least forty percent (40%) of each lot shall be landscaped. The minimum width
of any area qualifying as landscaping shall be fifteen feet, with a minimum area not
less than three hundred square feet.
F. PARKING:
Parking for SDD No. 27 shall be met in accordance with the off-street parking
requirements as specified in Section 18.52 of the Municipal Code of the Town of
Vail.
Section 5
Amendments to the approved development plan may be granted pursuant to Section 18.40
of the Municipal code of the Town of Vail.
Section 6
Approval of Special Development District No. 27 shall be contingent upon the approval of
the Final Plat, for a major subdivision, for the property legally described in the attached Exhibit
A.
Section 7
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect 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 any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 8
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.
4
Section 9
The repeal or the repeal and reenactment of any provision 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 of by virtue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 10
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL, this day of , 1991. A public hearing shall be held hereon
on the day of , 1991, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the Town. '
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
5
EXHIBIT A
lEGA1 DESCRIPTION- Parcel 1
LEGAI DESCRIPTION - Parcel 2 .
A tract of land Tying in the S/Z of Section I2, T55.,
R.80M., of the 6th P.M.. Eagle County, Colorado. A parcel of land situated in the south one-half•of Section 12.
more particularly described as follows: Township 5 South, Range 80 Mest, of the S1zth Principal Heridian;
Town of Vail, Eagle County, Colorado; said parcel being more partic-
Beginning at the Easterly corner of lot 5, ulerly described as follows•
Bighorn Subdivision Fourth Addition;
Beginning at the Southeasterly corner of lot 5. Bighorn Subdivision
thence S 61°00' 00• E, 248.00 feet distance; Fourth Addition; Thence along the south line of Bald subdivision the
following two courses;
-thence 582°00' 00" E. 12.96 feet distance 1. 567°00'00"E a distance of 248.00'; .
to the Northeasterly corner of the tract 2. 582°00'00"E a distance of 90.00';
herein described: Thence leaving said south line. S 31°35'25"W a distance of 456.19';
Thence 5 39°42'33"W a distance of 137.91': Thence 562°22'36 "W a distance
thence 536°43' 00"N, 706.11 feet distance of 177.11': Thence N33.44'S8`N a distance of 502.26' to a point on the
to the Southeasterly corner of the tract east line of Lot 1. Bighorn Estates; Thence 1133°36'00"E along said
herein described; east line a distance of 358.13' to a point on the southeasterly
Right-of-way line of Nugget lane; Thence along said Right-of-way, 84.99'
thence N 33°44'58" N, 476.35 feet distance ~ along the arc of a 65.00' radius curve to the left whose long chord
to the Southwesterly corner of the tract bears N56°10'32"E, a distance of 74.06' to a point of tangentcy; Thence
herein described; continuing along said Right-of-way, N18°43'00"E a distance of 48.31'
to a point on the south line of said Bighorn Subdivision, fourth Addition
thence H 33°?6' 00" E, 475.27 feet distance Thence along said south line, 564°30'00"E a distance of 50.80';
to the Northwesterly corner of the tract Thence continuing along said south line, 551°00'00"E a distance of
herein described; 155.00' to the Point of Beginning, containing 326,716 square feet or
7.500 acres, more nr less.
thence 564°30'00" E. 68.42 feet distance
to a point; The bearings and distances used in this description were derived fron
_ the final plat of Bighorn Subdivision, Fourth Addition. This description
thence S 51°00' 00"E, 155.00 feet distance does not represent a field survey.
to the place of beginning;
TOGETHER PITH an easement across a strip of Tand fifty feet
in width along and parallel to the east boundary line of ~ '
Lot 4; Bighorn Subdivision Fourth Addition.
SUBJECT TO a right of way for public road granted over ~ - LEGAL DESCRIPTION- Parcel 3
the easterly 50 feet of Lot 4, Bighorn Subdivision
Fourth Addition and a right of way for public road over A parcel of Tand situated in Lhe south one-half of Section 12,
the following described portion of the above described land; Township 5 South, Range BO West, of the Sixth Principal Meridian;
Town of Vail, Eagle County, Colorado; said parcel bring more
A tract of land lying in the S/2 of Section 12, Township particularly described as follows;
S South. Range 80 West of the 6th P.H., Eagle County,
Wlnrado. core particularly described as follows; Beginning at the Northeasterly corner of lot 1, Bighorn
Beginning at the Sovtfiwestarly corner of Estates: Thence 31.95' along the a°rc of a 65.00' n~dius curve to
Lot 5. 81GHORM SUBDIYISION FOURTH ADDITION, the left whose long chord bears N79 33'09"E a distance of 31.63 ,
Thence 556 24'00"E a distance of 183.81'; Thence 533°36'00"N a distance
thence N 64'30'00' b 18.12 feet along the of 466.31'; Thence N33°44'58"H a distance of 223.80' to a point on
Southerly line of Lot 4 of said Subdirision; the east line of said LoL 1. Bighorn Estates; Thence N33°36'00"E
thence S 3336'00' b 117.14 feet Lo a point on along said east line a distance of 358.13' to the Point of Beginning,
the arc of a 6~_.fpaL,[adi~pa.>~LQgR?4R ~ containing 2.000 acres, more or Less.
1;,..~. lt?~'`138 65.90 t~`3'~ 6attsrly
and 1Tor~pasterTy along the'~arc of said 65 foot The bearings and distances used Yn this description were
radius curve 84.99 feet_to a point~pf tangent: derived from the final plat of Bighorn Subdivision, Fourth Addition.
thence N 18°43'00' E 48.31 feet more or less to This description does not represent a field survey.
the point of beginning, containing 0.0674
acres more ar less. for road purposes.
This description recorded as reception /120868 of the Eagle
taunty records. ~
r
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: October 14, 1991
SUBJECT: A request to amend Chapter 18.32, Agricultural and Open Space, Section
18.32.030 -Conditional Uses, in order to allow well water treatment facilities
as a conditional use.
Applicant: Vail Valley Consolidated Water District
Planner: Mike Mollica
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I. DESCRIPTION OF THE REQUEST
The Vail Valley Consolidated Water District is requesting an amendment to the Agricultural
and Open Space Zone District to allow fora "well water treatment facility" as a conditional
use. The purpose of this request is to ultimately allow for the construction of a well water
treatment facility near the intersection of Vail Valley Drive and Gore Creek, along the Town
of Vail Golf Course. This new treatment facility would be used in conjunction with a new
well that the District is proposing to drill (Well No. R-4), and this well location is described
as follows:
"Location: Proposed to be located within 100-foot radius from a point on the right
bank of Gore Creek whence the northwest corner of Section 9, Township 5 South,
Range 80 West, 6th P.M. bears north 73 degrees West, 2,080 feet."
According to the Vail Valley Consolidated Water District, the purpose of the proposed well is
to provide an additional water supply, and to increase the reliability of the overall water
system during periods of emergency mechanical failure of one of the existing wells. To
prevent further depletion of existing stream flows, the proposed well will be used alternately
with the three existing wells currently in the Gore Creek alluvium.
• According to Jerry Bender of the Vail Valley Consolidated Water District, the District
currently holds the rights to drill approximately one-half dozen additional wells within the
Golf Course area. At this time, the District has no intention of drilling any additional wells.
However, should additional wells become necessary in the future, and should the District
decide that additional well water treatment facilities are necessary, the staff believes that the
conditional use permit review is the appropriate vehicle to review such a r..~r~,osal.
1
II. BACKGROUND OF THE REQUEST '
Although the Vail Valley Consolidated Water District holds the water rights to a number of
existing and potential wells located on the Vail Golf Course, the Town of Vail is the owner
of the land. As property owner, the Town Council, on October 1, 1991 (by a vote of 5-~0),
approved the applicants' request to proceed through the planning process with this application.
III. EVALUATION OF ZONE CHANGE REQUEST
A. Compliance with the purpose of the Agricultural and Open Space Zone
IDistrict.
The purpose section of the Agricultural and Open Space Zone District is as follows:
"The agricultural and open space district is intended to preserve agricultural,
undeveloped, or open space lands from intensive development while permitting
agricultural pursuits and low density residential use consistent with agricultural
and open space objectives. Parks, schools, and certain types of private
recreation facilities and institutions are also suitable uses in the agricultural and
open space district, provided that the sites of these uses remain predominantly
open. Site development standards are intended to preclude intensive urban
development and to maintain the agricultural and open space characteristics of
the district. (Ord. 8(1973) Section 12.100.)"
It is the staff's opinion that the applicants' proposed amendment to the zoning code
does not conflict with the purpose section of the Agricultural and Open Space Zone
District as described above.
B. Suitability of existing zoning.
The existing Agricultural and Open Space Zone District contains a fairly wide variety
of permitted, conditional and accessory uses. These uses range from single-family
residential dwellings, to public parks, to public and private schools and colleges, to ski
lifts and tows, to cemeteries, to low-power subscription radio facilities. Because of
the limited impact of a well water treatment facility within this zone district, and given
the ability for the PEC to review such a y~~t.osal through a conditional use perrr?it
process, staff believes the requested amendment would be consistent with the intent
and purpose of the zone district.
C. Is the amendment presenting a convenient, workable relationship within
land uses consistent with Municipal objectives?
The District Water Court (Division No. 5) of the State of Colorado has concluded that
certain water rights shall be decreed to the Vail Valley Consolidated Water District.
2
J Many of the decreed well sites are located within the Gore Creek alluvium, which
places their location in the general vicinity of the Vail Golf Course. Because the Golf
Course area is zoned Agricultural and Open Space, staff believes that it is reasonable
to add well water treatment facilities as a conditional use in this zone district. Staff
believes that, with the project-specific review through the conditional use permit
process, well water treatment facilities can be appropriate and compatible uses in the
Agricultural and Open Space Zone District.
D. Dces the amendment provide for the growth of an orderly, viable
community?
Again, staff believes that, with adequate and site-specific review of a conditional use
permit request, the proposed conditional use will provide for the growth of an orderly,
viable community. Staff believes this amendment will provide for the beneficial use
of the property, without compromising any of its long-term availability to recreation.
IV. STAFF RECOMMENDATIONS
The Community Development Department recommends approval of the proposed amendment
to add well water treatment facility as a conditional use within the Agricultural and Open
Space zone district For the reasons stated in this memorandum, we find that this use should
be a conditional use, and that each proposal would be subject to the scrutiny of the
conditional use permit review criteria.
c ~ec~nemos\wellwatr.014
3
'/UPPER EAGLE VALLEY
WATER AND SANITATION DISTRICTS
846 FOREST ROAD • VAIL, COLORADO 81657 ~r
(303) 4767480
September 23, 1991
Mike Mollica
COMMUNITY DEVELOPMENT
TOWN OF VAIL
75 South Frontage Road West
Vail, CO 81657
RE: VAIL VALLEY CONSOLIDATED - WELL R-4 PROPOSAL
Dear Mr. Mollica:
The Vail Valley Consolidated Water District is
, petitioning the Town of Vail, to amend its AGRICULTURAL/OPEN
SPACE zoning to allow for construction of a water well treatment
facility as a conditional use.
The specific area will be a meets and bounds description
describing a utility easement allowing for construction,
operation, and maintenance of the water facility. To prevent
further depletion of stream flows, the proposed well will be used
alternately with the three (3) existing wells in the Gore Creek
alluvium.
The purpose of the proposed well is to provide a
redundant water supply, and increase reliability of the water_
system during periods of emergency mechanical failure of one of
the existing wells. The well water treatment structure has been
designed and situated to provide shelter for golfers, minimal
visual impacts, and no affect on open space area.
The site will be visited for inspection an average of
once per day throughout the year and will have no affect on any
public facility of local traffic.
Sincerely,
Jerry Bender
Water Operations
UPPER EAGLE VALLEY
CONSOLIDATED SANITATION DISTRICT
JB:bl
PARTICIPATING DISTRICTS - ARRO Wr/EAD METRO 'WATER ~ AVON ME7R0 W4TER ~ BEAVER CREEK METRO WATER ~ BERRY CREEK MET RO WATER CLEAN
EAGLE-VAIL METRO WATER ~ EDWARDS METRO v?A iER ~ LA tiE CREEK MEADOWS WATER ~ UPPER EAGLE VALLEY CONSOLIDATED SANITATION
VAIL VALLEY CONSOLI L`A TEU WATER ~ VAIL WATEK AND SANITATION
r
w .
AGRICULTURAL ADD OPE.~1 SPACE (A) DISTRICT
space objectives. Parks, schools, and certain types of private
recreation facilities and institutions also are suitable uses in the
agricultural and open space district, provided that the sites of
these uses remain predominately open. Site development
standards are intended to preclude intensive urban development
and to maintain the agricultural and open space characteristics
of the district. (Ord. 8(1973) § 12.100.)
18.32.020 Permitted uses.
The following uses shall be permitted in the A district:
A. Single-family residential dwellings;
B. Plant and tree nurseries and raising of field, row and tree
crops:
C. Public par!cs. recreation areas, and open spaces.
(Ord. 8(1973) § 1 .200.)
18.32.030 Conditional uses.
The following conditional uses shall be permitted, subject to
issuance of a conditional use pe~nit in accordance with the
provisions of Chapter 1$.60:
A. Any use within public parrs, recreation areas, and open
spaces which involves assembly of more than two hundred
persons together in one building or group of buildings, or in
one recreation area or other public recreational facility;
B. Public and private schools and colleges;
C. Churches, rectories, and related structures;
D. Private golf, tennis, swim.-ning and riding clubs, and hunting
and fishing lodges;
- ~ - - E. Semipublic and institutional uses, such as convents and
religious retreau;
_ _ ~ _ F. Ski lifts and tows;
- ~ . ~ G. Cemeteries;
H. Low power subscription radio facilities.
(Ord. 30(1988) § 1; Ord. I6(1985) § 1; Ord. 16(1976) §
I(a)(part); Ord. 14(1975) § 3; Ord. 8(1973) § 12.300.)
I
3%3
(Vail 8-7-90)
~ ~
ORDINANCE NO. 37
Series of 1991
AN ORDINANCE AMENDING SECTION 18.32.030 OF THE
MUNICIPAL CODE OF THE TOWN OF VAIL BY ADDING
"WELL WATER TREATMENT FACILITY" AS A CONDITIONAL USE
IN THE AGRICULTURAL AND OPEN SPACE ZONE DISTRICT.
WHEREAS, the Town Council is of the belief that well water treatment facilities are an
acceptable use, subject to the issuance of a conditional use permit, in the Agricultural and Open
Space Zone District; and
WHEREAS, the Town of Vail Planning and Environmental Commission has recommended
that well water treatment facilities be permitted as a conditional use in the Agricultural and Open
Space Zone District.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1
Section 18.32.030 is hereby amended icy the addition of Paragraph I to read as follows:
"Well water treatment facility."
Section 2
If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not effect 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 any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3
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 4
The repeal or the repeal and reenactment of any provision 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 of by virtue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
. 1
r
Section 5
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are
repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL, this day of , 1991. A public hearing shall be held hereon
on the day of , 1991, at the regular meeting of the Town Council of the
Town of Vail, Colorado, in the Municipal Building of the Town.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
2
~ ~
ORDINANCE NO. 38, Series of 1991
AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PROPERTY KNOWN AS
THE BERRY CREEK 5TH FILING PARCEL
TO THE EAGLE COUNTY RECREATION AUTHORITY
WHEREAS, the Town of Vail is the owner of certain property commonly known as the
Berry Creek 5th Filing and more particularly described in Exhibit A attached hereto and made a
part hereof; and,
WHEREAS, the Town Council and other government entities within the County of Eagle
have formed the Eagle County Recreation Authority for the principle purpose of purchasing the
Berry Creek 5th Filing parcel so that it can be kept in the public domain and used as open space,
recreation purposes, and other purposes which will benefit the health, safety, and welfare of the
citizens of the Town of Vail and the citizens of Eagle County; and,
WHEREAS, the Town Council now wishes to convey the Berry Creek 5th Filing parcel to
the Eagle County Recreation Authority.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. The Town Council hereby approves the sale of the Berry Creek 5th Filing parcel
to the Eagle County Recreation Authority in accordance with the terms and conditions of the
Purchase and Sale Contract attached hereto as Exhibit A and made a part hereof.
2. The Town Manager is hereby authorized to execute said Purchase and Sale
Contract.
3. 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 any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
4. 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.
5. The repeal or the repeal and reenactment of any provision of the Municipal Code
of the Town of Vail 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
1
commenced, nor any other action or proceedings as commenced under or by virtue of the
provision repealed or repealed and reenacted. The repeal of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless expressly stated
herein.
6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extend only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ AND APPROVED ON FIRST READING this day of
1991, and a public hearing shall be held on this Ordinance on the day
of , 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building,
Vail, Colorado.
Ordered published in full this day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:\ORD.38
2
' _ EXHIBIT A
S',
F1UiCEL 71 +s
•f~~' A arcel of land located in the W 1/Z of Section 4 and the
P
;::r~. NE 1/1 of Section S, ?ownahip 5 South, Range 82 Neat o! the
' Sixth Principal Heridian. County of Eagle, State of Colorado.
'i'•','~'~ Hors particularly described as follows:
y'.;;:..•~• Beginning at a point on the southerly right-of-ray for
.fj Interstate eighway 70 frog: which the northwest corner of acid •
Section 4 bears, N. 30 degrees 37'20'W. 2103.11 feet= thence 8.
"'1'' S8 degrees 13'30"E. along the I-70 right-of-ray line 318.59
feet; thence departing from the I-70 right-of-way S. 41 degrees
58'13'W. 141.00 feet; thence 9. 48 degrees O1'17'E. 150.00
• feet; thence N. 41 degrees 58'43"E. 150.00 teat to a point on
-r4'.~ • the I-70 right-of-way; thence continuing along the 1-70
right-oC-way 128.41 test along the arc of a non-tangent curva to
the right having a radius of 2126.80 feet wfioae chord bears 9. '
44 degrees 56'42"E. 128.39 feeti continuing along said
right-of-way line, S. 40 degrees 41'30"E. 289.10 feet,
'y.,', continuing along said right-of-way line, S. 39 degrees 28'00"E.
296.10 feet; continuing along said right-ot-way S. 43 degrees
~:t~.'• 53'30"E. 366.70 feet; continuing along the arc of a tangent
_ curve to the left 540.50 feat having a radium of 1787.00 feet,
1~`i~ whose chord hears S~. 54 degrees 15'22"E. 538.45 feet to a point
on the east line of the SW 1/4 Section 4i thence departing from
the Interstate 70 right-ot-way and continuing along the east
line of the SW 1/4 Section 4 S. O1 degrees 23'O1'W. 1372.38 feet
:L',~' to a point on the northerly sight-ot-way of the Denver and Rio
Crande Western Railroad; continuing along said right-ot-way
r
72.81 feet along the arc of a non-tangent curva to the left
~ having a radius of 1810.00 feet whose chord bears N. 67 degrees
23'40"W. 72.80 feet; thence continuing along uaid right-of-way
~r~`• N. 6fi degrees 14'31"W. 1553.35 feet; continuing along said ,
f:~~. ' "
right-of-way N. 89 degrees 44 20 W. 121.64 feet; continuing
along said right-of-way 1671.11 test along the arc of a
non-tangent curve to the right having a radius of 1860.00 feet
whose chord bears N. 38 degrees 11'59"W. 1615.47 feet;
• continuing along said right-of-way N. 1T degrees 27'10"W. 171.74
z`'•. test; continuing along said right-of-way N. O1 degrees
t_.
25'33'E. 130.18 feet; continuing along the said right-ot-way N.
15 degrees 23'59"W. 299.69 feet to a point ort the easterly aide
of the State Highway No. 6 access road right-of-way; thence
continuing along the access road right-of-way N. 77 degrees
- - - 39'01"£. 16'.50 feet; continuing along said right-af-way N. 73
degrees 27'30'E. 220.57 feet; continuing along said
right-of-way 141.69 feet along the arc of a tangent curve to the ,
'a Continued on next page
'1 ~ '
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Fl
,~'r.
~ ~ •
5 , ,
t~
1 •
. •
~,N '
A0'`
.I J: '
, .
~ ~ ,
1
:Yip ` , fxlfibit •
S ~
( '
nneft havii ~ rad#~+~ 77.50 ~eet vT~ose ~t~iord bear N.' Se
degrees 39 1~"E. eet~ t ence spar ng from he acces¦
road right-of-way S. 55 degrees 16'12"E. 400.00 feet= thence N.
~ 35 degrees 17'28`E. 480.81 feet; thence N. 70 degrees 21'00"W.
285.47 feet= thence N. 86 degrees 45'00"W. 148.20 feet to a
point on the State Highway No. 6 access road right-of-way;
thence N. 25 degrees 27'30"E. 27.00 feet to a point on the
Interstate 70 right-of-way= thence along the Interstate 70
sight-of-way e. 86 degrees 45'00•E. 141.60 feet= thence
continuing along ¦aid right-of-way S. 70 degrees 21'00"E. 550.20
test, to the point of beginning.
PARCEL 8
A parcel, of land looated in the northwest quarter of the
southwest quarter o! Section 4, Township 5 South, Rsnge 82 West
of the Sixth Principal Meridian, Eacjle County, Colorado, more
• particularly described as follows:
• Beginning at a point on the west line of Section 4 from
which the southwest corner of the NW 1/1 of SW 1/1 0! Section 4
bears 9. O1 degrees 25'33"W. 254.00 feet thence along the west
line of Section 4 N. O1 degrees 25'33"E. 802.17 feet to a point
on the southerly right-of-way of the Denver Rio Grande and
Western Railroad; thence departing from the west line of •
Section 1 and continuing along the railroad right-of-way along a
curve to the left an arc length of 1378.34 feet, 'having a
radius of 1960.00 feet, a central angle of 40 degree¦ 17'33" and
a chord bearing S. 38 degrees 17'02"E. 1350.12 feet to a•point
on the south line of the NW 1/4 of SW 1/4 Section 4; thence
departing from the railroad right-of-way and continuing along
the south line of the NW 1/4 of SW 1/4 N. 89 degrees 44'20"W.
322.76 feet to the centerline of the Eagle River; thence
departing from the south line of Lhe NW 1/4 of SW 1/4 and
continuing along the centerline of the Eagle River the following
four 14) courseee
11 N. 10 degrees 44'20"W. •123.00 feet
21 N. 62 degrees 28'45"W. 181.07 feet
31 N. 87 degrees 55'51"W. 209.11 feet
41 N. 72 degree¦ 34'27"W. 148.00 test;
to the point of beginning.
'
i ~ ' '
.
i .
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. }
' `r.
w•
•
• EXHIBIT 6 •
R.Mnn earx
• 9erfae I9D1
• uartDr«+m~wL11~t
van Mhanyt .
tow o.n San4>, 4071 thr.
. Sam6
Mewl
Oar RVcptl ttnaet Tar • Pt41tlpal In4nq . Tm1
0801~R! 095,5®.02 1D4b9792 peTJ6.17 691SJ6.17 '
' ,ZDt92 t65A0D 6,,93zs0 19690?~0 72ZOOD 72777A0 64J7100
, 06I07A7 8059876 • 8759!!75 7??3050 721J9LD .
12N197 76A00 90599.7E 165599.76 !0,000 32279b0 C227Db0
. t16M94 78,667.50 76.66730 71P6/.W ~ 91'i167.00
~ 120194 76Q00 • 78x®50 163.66750 IO,000 91.467.00 QtA67.00
DB019S 70.0050 79,642,60 90657.00 90667A0 ~ . '
t201A75 60,000 79,66250 166,94250 72000 70,667m 62,657,00
080196 74,40250 14.x0250 29J61m 29J61.00,
180196 15AD0 74,40750 1,40250 •94,000 29761.00 9778fA0 .
060197 TI5587S 71,95875 2&78150 29J6160 ,
. t21M97 ~ 0DAD0 Jtp587b 161950.76 IBODO 28]8150 N787.60 '
D61D1~a6 e9.saJ6 e9,90a76 2/rnsD v721,b0 .
' 17n71A0 04000 69.7m.75 161,30175 98000 T7721b0 • 637219D
OdDt99 ®4JOm 90.d70D0 7B5`2i
,00 78,67200
17,1n99 100,000 m,49om. 190.49ovD /oA00 xs729D 6657200 •
neot2oDD QSSbAO 63,755.00 2534200 2534200 '
12A12000 tOS,Ofq QA6A0 16BA66.00 42000 753@00 9731200 ,
OBA1200t 60,077JS A7,071TS 74A2g30 21A2950
ttAtR001 116,000 87.07lJ6 175.07176 14000 24A2956 ' 70AZBb0 ~ ~ ~ '
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. ~ ~ EXHIBIT C
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE COUNTY OF EAGLE
AND
TOWN OF AVON
AND
TOWN OF VAIL
THIS INnTERGOVERNMENTAL AGREEMENT is made and entered into this / 7~ day of
~~L~F' 19~, by and among the County of Eagle, State of Colorado,
a body corporate and politic, by and through its Board of County Commissioners,
hereinafter referred to as the "County;" and the Town of Vail, State of Colorado, a
municipal corporation, by and through its Town Council; and the Town of Avon, State
of Colorado, a municipal corporation, by and through its Town Council.
RECITALS
A. The Town of Vail intends to use its best efforts to purchase the parcel of
land commonly referred to as the Berry Creek Subdivision, 5th Filing, and as more
specifically described in Exhibit A attached hereto and by this reference made a
part hereof ("Berry Creek parcel").
B. In addition, the Town may use its best efforts to purchase the parcel of
land commonly referred to as the Miller Ranch located near Edwards, Colorado, and
more specifically described in Exhibit B attached hereto and by this reference made
a part hereof ("Miller parcel").
C. Should the Town of Vail obtain title to the Berry Creek parcel, the Town
wishes to sell and the County wishes to purchase the Berry Creek parcel under the
terms and conditions set forth in this Agreement.
D. Should the Town obtain title to the Berry Creek parcel and the Miller
parcel, the Town wishes to sell and the County wishes to purchase both the Berry
Creek and the Miller parcels under the terms and conditions set forth in this
Agreement.
E. This Intergovernmental Agreement 1s authorized pursuant to Section
29-1-201, et seq., C.R.S.
Now, therefore, for and in consideration of the mutual covenants, conditions, and
promises contained herein, the parties hereto agree as follows:
1. The Town of Vail agrees to use its best efforts to purchase the Berry Creek
parcel upon terms and conditions acceptable to the Town of Vail.
2. The Town of Vail may use its best efforts to acquire the Miller parcel upon
terms and conditions acceptable to the Town of Vail. In the event the Town of Avon
or the County or both have purchased an Interest in the Berry Creek parcel pursuant
to paragraph 9 before acquisition of the Miller parcel by the Town of Vail, then the
following provisions shall apply to any subsequent purchase of the Miller parcel.
A. If negotiations are commenced between any of the parties to this
Agreement and the owner of the Miller parcel for the purchase of the Miller parcel,
that party shall notify the other parties within five (5) days of such
commencement. Either or both of the other parties shall have the right to
participate in the negotiatlons if they so desire.
B. The negotiating parties shall attempt in good faith to agree on terms
and conditions of purchase which are acceptable to all the parties. If after a
reasonable period of time agreement can be reached between the owner of the Miller
parcel and the negotiating parties or any two of the negotiating parties, they shall
enter into a contract to purchase the Miller parcel which shall provide that each
purchasing party shall be entitled to an equal share of ownership in the Miller
parcel as a tenant in common, and each party shall be obligated to pay an equal
portion of the purchase price at the closing of the sale.
C. If after a reasonable period of time and a good faith attempt, all or
any two parties participating in negotiations for the purchase of the Miller parcel
are unable to agree upon the terms and conditions of purchase, then any party which
wishes to accept Seller's final offer shall be entitled to do so and proceed with
the purchase of the Miller parcel.
3. The County -shall hire bond counsel and a financial consultant to provide
consultation to the parties relating to the financing of the Berry Creek and/or
Miller parcels and shall hire a planner to give advice to the parties regarding the
planning and development of either the Berry Creek parcel or the Berry Creek and
Miller parcels for recreation and employee housing.
4. The Town of Vail shall hire the services of special real estate counsel to
provide consultation to the parties regarding the acquisition of the Berry Creek
parcel or the Berry Creek and Miller parcels.
5. The parties agree to equally share the costs of the consultants described
in paragraphs 3 and 4 up to the following maximum amounts:
Bond counsel and financial consultant - X15,000
Land use planner - X7,500
Real estate counsel - X15,000
-2-
•
' 6. The County shall hold an election 1n the spring of 1990 (°'the election") to
place the issue before the registered voters of Eagle County of whether or not to
increase the County general fund mill levy in a sufficient amount for the County to
purchase the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is
applicable, and to develop either the Berry Creek parcel or the Berry Creek and
Miller parcels for the purposes of employee/affordable housing and recreation.
7. The County, the Town of Avon, and the Town of Vail agree to cooperate in
presenting and explaining the need and rationale for the purchase of the Berry Creek
or Berry Creek and Miller parcels and for their future development as
employee/affordable housing and recreation.
8. If at the election, the registered voters of Eagle County approve an
increase in the County general fund mill levy in a sufficient amount for the County
to purchase the property and develop the property for employee/affordable housing
and recreational purposes, the County shall purchase the property from the Town of
Vail for a purchase price equal to the price paid by the Town of Uail for the Berry
Creek parcel or the Berry Creek and Miller parcels, plus loan carrying costs (e.g.,
loan fees, debt service, etc.) and other direct costs incurred by the Town of Vail
to purchase and hold either the Berry Creek parcel or the Berry Creek and Miller
parcels to the time of purchase by the County. If the Town of Vail purchases the
Berry Creek parcel or the Berry Creek and Miller parcels with cash on hand rather
than borrowed funds, the County shall purchase the property form the Town of Vail
for a purchase price equal to the price paid by the Town of Vail for the Berry Creek
parcel or Berry Creek and Miller parcels and interest thereon at the rate of eight
and one-half percent interest (8.5°~) per annum until the time of purchase by the
County.
9. If at the election, the registered voters of Eagle County do not approve an
increase in the County general fund mill levy in a sufficient amount for the County
to purchase the Berry Creek parcel or the Berry Creek and Miller parcels and develop
the property for employee/affordable housing and recreational purposes, then the
County shall have no obligation to purchase the Berry Creek parcel or the Berry
Creek and Miller parcels, from the Town of Vail. However, the County and the Town
of Avon may purchase an interest in the Berry Creek parcel or the Berry Creek and
Miller parcels, whichever is applicable, as follows:
A. If either the County or the Town of Avon wish to purchase the property
without contribution from or participation by the other, then the purchasing
-3-
• ~
1
- government shall be obligated to purchase a fifty percent (50~) interest in the
property as a tenant-ln-common.
B. If both the County and the Town of Avon wish to purchase interests in
the property, they shall be obligated to purchase a one-third (1/3) interest each as
a tenant-in-common.
C. The purchase price to the Town of Avon or the County shall be the
appropriate percentage of all costs and expenses the Town of Vail has expended in
the purchase, development, and maintenance of the property up to the date and time
of purchase, including by way of illustration and not limitation, purchase price,
development costs, all fees paid to design and planning consultants and special
legal counsels subsequent to the election, costs of planning, designing, and
constructing any improvements on the property, and all finance carrying costs (e.g.,
loan fees, debt service, etc.).
D. If the Town of Avon or the County wish to purchase a share in the
Berry Creek parcel or the Berry Creek and Miller parcels, as the case may be, as
provided for in this paragraph, they shall do so within five (5) years of the date
of the certification of the election results by giving written notice to the Town of
Vail of their intention to so purchase. Closing of the purchase of the Berry Creek
parcel or the Berry Creek and Miller parcels by the Town of Avon or the County, as
the rase may be, shall occur no later than sixty (60) days after the giving of such
notice. It is understood by the parties that should the Town of Vail own both the
Berry Creek parcel and the Miller parcel, the Town of Avon or the County shall be
required to purchase the specified interest in both parcels. Should the Town of
Avon or the County fail to purchase any interest in the property within five (5)
years of the date of the certification of the election results, the right to do so
shall immediately terminate.
10. During any period of time the Town of Vail is the sole owner of the
property, it may make all decisions regarding the property, including by
illustration and not limitation, financing, maintenance, and development, which it
in its sole discretion deems proper. In addition, the Town of Vail shall have the
right to sell the property if it determines, 1n its sole discretion, such sale 1s
appropriate, during any period of time it is the sole owner of the property
including the period of time prior to the election or after the election,
notwithstanding the right to purchase shares of the Berry Creek parcel or Berry
Creek and Miller parcels given the County and the Town of Avon in paragraph 9 of
this Agreement. In the event the Town of Vail sells the property prior to the
-4-
• ^1 ~
• election, costs of consultants paid by the County and the Town of Avon pursuant to
paragraph 5 shall be refunded to them.
11. In the event the Berry Creek parcel is owned by more than one (1)
government, each owner will appoint two (2) representatives to form a committee to
manage and develop the property. No owner shall pledge, sign, or otherwise transfer
or convey its interest in the property without the expressed written consent of all
the other owners. No -owner shall have the right of partition unless otherwise
mutually agreed to by all owners. No owner shall have the right to sign any
petition for an annexation or an annexation election or petition for inclusion in
any special district without the mutual consent of all the owners. The committee
shall establish bylaws for the management and development of the property and shall
have the right, if they deem it in the best interest of the owners, to recommend to
the owners and the owners may take all steps necessary to establish a separate
entity for the ownership, management, and development of the property. In the event
the members of the committee fail to agree as to any question affecting the Berry
Creek parcel, the question immediately be submitted for a point determination by the
governing bodies of all owners.
12. In the event the voters fail to approve an increase in the mill levy to
purchase the Berry Creek parcel, the parties agree to share equally the following
costs which are in addition to the costs set forth in paragraph 5 of this Agreement:
A. A bond counsel fee as compensation for providing services directly
related to the mill levy election in an amount not to exceed six thousand five
hundred dollars (6,500).
B. A financial advisor fee as compensation for providing advice directly
related to the mill levy election in an amount not to exceed two thousand dollars
(2,000).
C. The costs of holding a mill levy election in an amount not to exceed
fifteen thousand dollars (15,000).
If the registered voters of Eagle County approve an increase 1n the mill levy for
the purchase and development of the Berry Creek parcel, then all consultation fees
expended by all the parties which have been set forth in this Agreement, including
bond counsel and financial consultants, planner, and real estate counsel fees are
set forth in paragraph 5 hereof, and bond counsel and financial advisor fees as set
forth in paragraph 12, as well as the cost of the holding of the election shall be
paid from the proceeds of the mill levy increase.
-5-
. ~ .
• 13..This Agreement does not and shall not be deemed to confer upon nor grant to
any third party any rights to claim damages or to bring any lawsuit, action or other
proceedings against either the Town of Vail, the Town of Avon, or the County because
of any breach hereof or because of any terms, covenants, agreements, or conditions
contained herein.
14. Except as specifically provided otherwise herein, no modif~ication.or waiver
of this Agreement or of .any covenant, condition, or provision herein contained shall .
be valid unless in writing and duly executed by the party to be charged therewith.
15. This written 'Agreement embodies the whole agreement between the parties
hereto and there are no inducements, promises, terms, conditions, or obligations
made or entered into either by the County, the Town of Avon, or the Town of Vail, .
other than those contained herein.
16. This Agreement shall be binding upon the respective parties hereto, their
successors or assigns, and may not be assigned by any party without the prior
written consent of the other respective parties hereto.
17. All agreements and covenants herein are severable, and in the event that
any of them shall be held invalid by a court of competent jurisdiction, this
Agreement shall be interpreted as if such invalid agreement or covenant were not
contained herein.
18. The Town of Avon, the Town of Vail, and the County each individually
represent to each other that it possesses the legal sbillty to enter Into this
Agreement. In the event that a court of competent jurisdiction determines that
either of the parties hereto did not possess the legal ability to enter into this
Agreement, this Agreement shall be considered null and void as of the date of such
court determination.
1~. The County in no way waives its authority to regulate tiie use and subdi-
vision of the Gerry Creek Parcel or the I.liller Parcel.
IN ~tITNESS W1iERE0F, the parties hereto have executed this Agreement this
day of ~ .rte--- , 1990. '
COUt~TY OF EAGLE, STATE OF COLOP.ADO,
Stiff Nu~~} By and Throunh Its BOARD OF COUNTY
ATTEST: r e s CODIMISSIONERS
Johnnette P~Iy~Jns, CoUnty'Clerk Donald H. Welch, Chairman
v ~ 'P.O. Box 850
Eagle, CO 8161
(303) 949-5257
-6-
TOWN OF VAIL, STATE OF COLORADO, By
ATTEST: and Through Its Town Council
Pamela A. Brandmeyer, T wn Clerk Kent R: Rose, Mayor ~
75 S. Frontage Road West
Vail, CO 81657
(303) 479-2100
TOWN OF AVON, STATE OF COLORADO, By
ATTES and Through Its Town Council
atricia J. D e, Town C1 k Allan
N~~ngham, M or
P. 0. Box 975
• Avon, CO 81620
(303) 949-4280
-7-
. hY6~ AY 4 ~ 1 - ii Vii. -yam. _
Il ¦I ¦ j1 1
~
EXHIBIT D
POLICY NO.: 0-9941-489150
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES?
WHICH ARISE BY REASON OF:
1.. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY
THE PUBLIC RECORDS. -
Z. EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE
PUBLIC RECORDS.
• 3. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN
- AREA, ENCROACHMENTS, AND ANY FACTS WHICH A CORRECT
SURVEY AND INSPECTION OF THE PREMISES WOULD DISCLOSE •
AND WHZCH ARE NOT SHOWN BY THE PUBLIC RECORDS.
4. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR
MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY
LAW AND NOT SHOWN BY THE PUBLIC RECORDS.
5. UNPATENTED MINING CLAIMS; RESERVATIONS OR EXCEPTIONS -
• IN PATENTS OR AN ACT AUTHORIZING THE ISSUANCE THEREOF;
WATER RIGHTS CLAIMS OR TITLE TO WATER.
6. Taxes for the year 1990, not yet a lien due and payable. -
7. The effect of inclusions in any general or specific water
---conservancy, fire protection, soil conservation. or other
district or inclusion in any water service or street improvement =
area.
8. Right of Proprietor of a vein or"lode to extract and remove
' his ore theref rom should the same be found to penetrate or
intersect the premises as reserved in United States Patent ~
~ recorded September 7, 1903 in Book 48 at Page 496. -
d
- 9. Subject to the right of way of the Grand Valley Railway _ -
' Company as reserved in United States Patent recorded September `
7, 1903 in Book 48 at Page 496.
10. Right of way easement granted to Holy Cross Electric
Association, Inc., by Daniel F. Koprivnikar and Katherine and
Koprivnikar, recorded October 6, 1971 in Book 221 at Page 881,
. as Reception No. 117568.
11. Right of way easement granted to Holy Cross Electric
Association. Inc., by Daniel F. Koprivnikar and S. Katherine
• Koprivnikar and Berry Creek Properties, Ltd., recorded June 15,
1978 in Book 271 at Page 137, as Reception No. 167533.
- - 12. Right of way easement granted to Holy Cross Electric _
, Association, Inc., by June Creek Ranch Company, a Colorado Joint;;'.`"
Venture, recorded July 18, 1980 in Book 305 at Page 581, as • .
Reception No. 201965. -
. Continued on next page •
. ~~s...
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CONTINUATION OF SCHEDULE 8
13. Easement granted to Berry Creek Metropolitian District, a
quasi-municipal corporation, by June Creek Ranch Company, a
Colorado Joint Venture, recorded December 31, 1980 in Book 357.E
at Page 620, as Reception No. 211994.
14. Easement granted to Eagle Valley Sanitation District, a
- quasi-municipal Corporation by June Creek Ranch Company, a
Colorado Joint venture, recorded November 12, 1980 in Book 312
at Page 727, as Reception No. 209104.
15. Easement granted to Berry Creek Metropolitan District, a
quasi-municipal corporation, by June Creek Ranch Company, a
Colorado Joint Venture, recorded December 31, 1980 in Book 315
at Page 627, as Reception No. 212001.
16. Easement granted to Eagle Telecommunications, Inc.,
Colorado, by June Creek Ranch Company, recorded April 19, 1983
in Book 357 at Page 971, as Reception No. 254303.
17. Easement granted to Eagle Telecommunication, Inc.,
Colorado, by June Creek Ranch Company, recorded April 18, 1984
in Book 382 at Page 909, as Reception No. 279216.
. 18. Easement granted to Singletree Investments Partnership, a
Colorado general partnership by June Creek Ranch Company, a
Colorado joint venture and Berry Creek Metropolitan District, a
~ quasi-municipal corporation, recorded May 8, 1987.._in .Book 462. ,at _ a
" - Page 279, as Reception No. 358506. - - - - " - - -
19. Right of way Easement from Katherine S. Koprivnikar to
Eagle Valley Telephone Company recorded June 22, 1982 in Book
341 at Page 961 as Reception No. 238309.
20. Pedestrian Access and Utility Easement and Maintenance
Agreement between June Creek Ranch Company, a joint venture and
Heritage Financial Corporation, a Colorado Corporation, recorded
February 22, 1982 in Book 352 at Page 820.
21. Emergency Access and Utility Easement and Maintenance
Agreement, between June Creek Ranch Company, a joint venture and
' Heritage Financial Corporation, a Colorado corporation,
recorded April 8, 1983 in Book 357 at Page 396, as Reception No.~~''
253728. _
- 22. Right of Proprietor of a vein or lode to extract and remove~~~~~;':
~~=:r`~ his ore therefrom should the same be found to penetrate or
intersect the premises as reserved in United States Patent
Continued on next page
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S T E~'ART TITLE
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- - ATTACHED TO AND MADE A PART OE -
STEWART TITLE GUARANTY COMPANY POLICY NO.: 0-9941-489150 '
CONTINIIATION OF SCHEDOLE B
recorded August 20, 1934 in Book 48 at Page 436.
23. Right of Proprietor of a vein or lode to extract and remove
his ore therefrom should the same be found to penetrate or
intersect the premises as reserved in IInited States Patent
recorded December 13, 1898 in Book 48 at Page 471. -
24. Right of way for ditches or canals constructed by the
authority of the IInited States, as reserved in United States .
Patent recorded August 20, 1934 in Book 48 at Page 436 and
recorded December 13, 1898 in Book 48 at Page 471.
. 25. Aone-eighth interest in all minerals extracted from
subject property as reserved by Esther L. Klatt in Deed dated
August 16, 1971 and recorded August 18, 1971 in Book 221 at Page
407 as Reception No. 117088, from Esther L. Klatt to Eagle
Associates and as reserved in the Agreement recorded August 18,
1971 in Book 221 at Page 410 as Reception No. 117091.
26. Right of way of unspecif ied location and dimensions to ,
construct, operate and maintain lines of telephone and
telegraph, including the necessary poles, cables, wires and -
fixtures upon and across the subject property, with the right to
• permit the attachment of the wires of any other company, as s
granted to The Mountain States Telephone and Telegraph Co. by
right of way Deed recorded September 9, 1930 in Book 106 at Page r
599, Eagle County records. - -
-
27. Easements of unspecified location and dimensions to
relocate power line due to construction of Interstate Highway
• No. 70, and to construct, operate and maintain an electric
transmission or distribution line or system, and to cut and trim
- trees and shrubbery to the extent necessary to keep them clear
of said electric line or system and to cut down from time to
time all dead, weak, leaning or dangerous trees that are tall
enough to strike the wires falling, as granted to Holy Cross
Electric Association, by instrument recorded August 19, 1969 in
' Book 215 at Page 808 as Reception No. 111318 and in Book 248 at
Page 378 as Reception No. 144622, Eagle County Records.
28. Right-of -way Easement granted to Eagle Valley Telephone
- Company, by Berry Creek Properties, Ltd., Berry Creek Ranch,
- recorded January 11, 1979 in Book 280 at Page 688, as Reception~~_'~:=;
- No. 177097.
29. Permanent Easement granted to Upper Eagle Valley Sanitation";:"
- District, by June Creek Ranch Company, a Colorado joint
Continued on next page ~
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5TEWART TITLE GUARANTY COMPANY POLICY NO.: 0-9941-489150
CONTINUATION OF SCHEDULE B
venture, recorded May 30, 1980 in Book 303 at Page 428,as -
Reception No. 199814. ~ '
30. Right of way for the Denver and Rio Grande Railroad.
31. Lack of Access to Parcel of land lying southerly of Denver
Rio Grande Railroad.
32. Any questions, dispute or adverse claims as to any loss or
gain of-land as a result of any change in the river bed location
by other than natural causes, or alternation through accretion,
_ reliction, erosing or avulsion of the center thread, bank
channel or flow of waters in the Eagle River lying within
• subject land and any questions as to the location of such center
thread, bed, bank, or channel as a legal description monument
or marker for purposes of describing or locating subject lands.
33. Notes on Improvement Location Certificate by Alpine
Engineering dated December 27, 1989 as follows:
a. The adjoining property owner is utilizing the land east of
this fence line (fence line shown on ILC) and may have
adverse rights to this property.
• b. The owner of the property described on this Improvement
Location Cer~sficate is utilizing the property west of the
fence line and east of the described property line. The
- -
owner may have- adverse rights "to~ t is property. - - -
c. Adjoining Property Owner's boundary is based on Right-of-Way
Maps and Warranty Deed recorded in Book 148 at Page 31.
d. The Adjoining Property Owner is utilizing the land east of
this fence line and may have adverse rights to this property.
' (fence line shown on ILC) '
e. The Denver Rio Grande Western Railroad may have rights to
property located south of the northerly Denver Rio Grande
Western Railroad right-of-way fence.
34. Fences encroaching onto adjoining properties to the north, .
- ~ west and south as shown on the Improvement Location Certificate
by Alpine Engineering, dated July 26, 1989.
: 35. A Deed of Trust dated December 8, 1980, executed by 4020
- Land Investors, a partnership to the Public Trustee of Eagle ;
County, to secure an indebtedness of $484,242.00, in favor of
Continued on nest page .
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CONTINDATION OF SCHEDDLE B ` ~ ~ ,
Eagle Associates, a Colorado limited partner~ship~•recorded:, ~ •
December 9, 1980 in Book 314 at Page 474 ~as Reception No. :
. 210849, and re-recorded on March 6, 19.81 in Book 319 at Page'~~~'
• 510, as Reception No. 215880. (Affects Parcel. 3 as shown on ~ _ _ •
Improvement Location Certificate prepared by Alpine' Engineering
Inc., dated December 27, 1989, which Parcel- 3 is a part of - 2'"~'-'
Parcel A) • ~ ...::.~t:,~ . - r
36. Agreement between Town of Vail and June Creek Ranch Company, _
a Colorado joint venture recorded January 16; -1990 in Book 521..,;"~ ~
at Page 244 as Reception No. 417412. ~ • _ : - ; : '
• Items No. 1,2,4,5 are hereby omitted. _ ,
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~ EXHIBIT E
l AGREEMENT
' THIS AGREEMENT (the "Agreement") is made this ~ day of
January, 1990. and is by and between the TOWN OP VAIL, a
Colorado municipal corporation l"Vail"la and JUNE CREEK RANCH
COMPANY, a Colorado saint venture. ("June Creek').
.L'
RECITALS:
A. Vail is the owner of the real property described in
Exhibit A attached hereto Ithe "Vail Property"). June Creek is
interested in acquiring the Hiller Ranch Property described in
•Exhibit 6 attached hereto fthe "Miller Ranch Property").
B. Vail and June Creek have agreed that, if June Creek
squires the Hiller Ranch Property and Vail fails to acquire the
Miller Ranch Property from June Creek, Vail will grant to June
Creek an easement upon the terms and conditions set forth
• herein. The purpose of this Agreement is to set forth the terms
_ and conditions upon which the easement will be granted, and all
prior negotiations, discussions. and offers between the parties
with respect to the granting of an easement are merged into
' this Agreement.
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AGREEMENT
4•
NOW THEREFORE, for good and valuable mutual consideration,
the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree as follows:
~F. 1. AGREEMENT TO GRANT AN EASEMENT. If June Creek from
this date forward dilligently pursues negotiations Lo acquire '
and does in tact acquire the Miller Ranch Property and Vail
~ declines to acquire the Hiller Ranch Property from June Creek
after being given or having the right to acquire Buch property
.ti" from June Creek, then Vail agrees to grant June Creek a
4', non-exclusive easement for ingress and egress to the Hiller
Ranch Property from the V.S. Righway 6 access road abutting the
~t; westerly perimeter of the Vail Property, which location ie
referred to herein as the "Point of Access" Ithe "Easement"1
upon the tertos and condition¦ ter forth in this Agreement. The
y;~` Easement shall be sufficiently wide to accommodate a "collector
r road", as defined in the applicable highway and road
classification system, used by the County of Eagle, Colorado, or
¦uch lesser statue road as may be approved by the Eagle County
Commissioners to serve the uses of the Miller Ranch Property
1,•.. permitted under applicable zoning and other land use
restrictions and regulations. The location of the Easement
shall be at such location ae Vail may designate that is in
accordance with the development plans that Vail may subsequently
• form for the development of the Vail Property and which are
approved by the Eagle County Commissioners for acceptance as a
public road. The parties acknowledge that, as of this date,
Vail has not completed its development plans and, accordingly,
Vail shall not be obligated to designate a location for the,
Easement until it has formed such plans,(but not later than
eighteen months after June Creek acquires fee title of record to
the Hiller Ranch Property>. ,
2. TERMINATION OF EASEMENT. The Easement shall provide
f that it shall terminate at such time, if any, as Vail dedicates
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l_':~.; and Eagle County acceptr the Easement for public use as a road.
~ The Easement shall also provide that it a~sy, at the option of.
6 _ Vail, from time to time, be relocated to such alternative
locations as Vail ma deem a
y ppropriate in furtherance of its
development of the Vail Property so long as the relocated
easement provides ingress and egress between the Hiller Ranch
Property and the Point of Access and is in a location approved
by the Eagle County Commirsioners for acceptance as a public
'i road.
3. COMMON MAINTENANCE. Du;ing the terra of the Easement,
June Creek shall be solely responsible for the common
maintenance, care, construction and op- station of any roadway
improvements constructed within the Easement solely by June
Creek. If June Creek and Vail jointly elect to construct a
roadway within the Easement, Vail and June Creek shall be
equally responsible for the common maintenance, care,
'y construction or operation of any roadway improvements
i, constructed within the Easement, with such cost to be borne
fifty 15011 percent by Vail and fifty IS01! percent by June
t` Creek. June Creek shall not be required to pay any costs of
`s construction, operation or maintenance of any portion of any
roadway which Vail may elect to construct within the Easement
i`~ for Vail's own purposes and in which June Creek elects not to
participate.
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1. INDEMNIFICATION. So long a¦ June Creek is in title of
the Hiller Ranch Property, June Creek hereby agrees to indemnify
and hold harmless Vail and its officials, lessees, contractors,
employees and agents, from and against any and ail liabilities,
losses, damages, claims, costs and expenses (including
,ti~• attorneys' fees and costs of litigation) arising out of the
granting of the Easement or the use, maintenance. care,
;,t. construction or operation of the Easement and roadway
improvements located thereon, by June Creek or its officers,
employees, co-venturers, agents, contractors, licensees and
invitees in utilizing, constructing or maintaining improvements
' upon the Easement. June Creek shall maintain at all times
during which a roadway shall have been constructed within the
Easement for June Creeks sole use general liability coverage
insurance insuring the obligations of June Creek set forth
above, in the minimum aggregate coverage of S1,S00,000.00 per
t'; ~
:~y.: occurence, with Vail named as an additional insured, cancellable
only after thirty 1301 days' prior written notice to Vail.
S. SUCCESSORS AND ASSIGNS. Thi¦ agreement is for the
personal use and benefit of June Creek and it's partners. The
obligation of Vail under this Agreement to grant an easement to
~;~t, June Creek cannot be assigned or ttaneferred except to June
Creek's partners without the prior written permission of Vail.
Once the Easement is granted, it shall provide that it is for
the benefit of the parties and ¦hall inure to the benefit of and
be binding upon the parties to the Easement, their respective
successor¦ and assigns. Ali obligations of June Creek and Vail
under this Agreement shall be binding upon their respective
' successors and assigns.
6. BICHNAY DEPARTMENT IMPROVEMENTS. If the Colorado State
Highway Department determines that improvements to the ¦pur
road adjacent to the westerly perimeter of the Vail Property are
necessary due to development of the Hiller Ranch Property, the
owner of the Miller Ranch Property shall pay for the incremental
costs of such improvements.
7. GOVERNING I.AW. The tetras, provisions, and conditions
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of thin Agreeaent shall be governed by and construed in '
accordance with the laws of the 8taie of Colorado.
IN MIT17ES3 MHEREOF, the parties hereto have hereunto set
their hands and seals the day and year brat above written.
` TOMN OP VAIL, a Colorado municipal
' aoreporation
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Y~ JUNE CREEK RANCH COMPANY, a
i.~,. Colorado ioint venture
.r'.: Bys
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8TATE OF COLORADO, 1
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~ County of Eagle 1
~X~1 The foregoing instrument was acknowledged before me this Sth
day of January ~ 1990 byr,ale+~ak~ Qvsc.. ~ 0.s A~1tiec i.. ~~a~ !.a?.
, o~d o~~\ C., - U...l...,.a dC 3'.,.,.
Cua1L nth CO ~M.'~ 0~ ~f'1u•..~5 JC.w~
1~.,..i...~ a.~d~o~.1_~~ ~~?.;u,~s as T•.... a.,.r~ 04 Tay ~c
A Gbr~ rnaani~iP•.~ (~e,peA1.~
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_ My commission expires l~. ,194E Mitaess m hand and
official seal. y
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EXHIBIT A
• The prlnred ~~++oonianr of Ihir forme ro+ed byY ~
Colorado Rfel C~re1e Commirrion
(~'.BS3 S/B9J
- TIlIS IS A LEGAL INSTRUMENT. IF NOT UNDERSi00D, LEGAL, TAX OR OTHER COUNSEL 5t10ULD Bt? CONSULTED BEFORE SIGNING.
VACANT LAND
CONTRACT TO BUY AND BELL REAL ESTATE
Seller's remedy Liquidated Damages or Specific Performance
(Section 16)
,19
1. PAR7ICS AND PROPL•RTY. Eagle .County Recreation Authority
purchaser(s) ~l'urchaser), (as joint tenants/Tenants in common) agrees to buy, sots the undersigned seller(s) Seller], egrets
to sell, on the Terms and conditions set forth in this contract, the fullowing described teal estate in the County ul
E a g l e , Caluranu, to wit:
Berry Creek Ranch, Filing No. 5 as more specifically set forth on •
Exhibit A attached and incorporated into this contract by reference.
known as No.
(Street Address)
(City, State, Zip)
together with all interest of Seller in vacated streets and alleys adjacent thereto, all easernenta and other appurtenances
Thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded, sod called the Properly.
2. INCLUSIONS. The purchase price includes the following items (a) if attached to the Properly on the date of this contract:
lightin6, heating, plumbing, ~~cMilatinF, and air conditioning fixtures, 7V antennas, water softeners, smoke/fire/burglar al~rnts,
security ne~~ices, insine telephone wiring and connecting blocks/jacks, plants, mirrors, fluor covering, intercom systems,
huilt•in kitchen appliances, anct sprinkler systems and controls; (b) if on the Properly whether attached or not on the date
of This contract: built~in vacuum systems (incbdingacccssorics),slorm winnows, storm doors, window and porch shines,
a+cnin~, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage
shcd~, all keys and garage d++ur openers including NA remote umlrols; and (c)
two (2) mobile homes presently located on the property
(<I) 11'ater Rights. Furthest price to include the followingwaler rights:
5.27 cfs in the Howard Ditch priority no. 385 with an appropriation
date of October 3, 1936, out of the Eagle River in Eagle County Colorado
which shall be conveyed by Quit Claim Deed
(e) Growing Crops. With respect to the growing crops Seller and Purchaser agree as follows:
7'he above-described includccl items (Inclusions) are to be conveyed to Purchaser by Seller by bill o(sale,
deed or other applicable legal instrument(s) at the closing, free and clear of all taxes, liens and encumbranus, except as
provided in section lU.
7 he fullowing attacl+eci fixtures are excluneel from This sale:
3. PURCI IASE PRICE AND TERMS. The purchase price shall be S 1010000.00 ,payable in U.S. dollars by
Purchaser as follows (complete the applicable terms below):
(a) r.ARNL•5"T MONEY.
s 10.00 and other gopd and valuable consideration ,
to earnest money deposit and part payment of the purchase price, payable to and held by
Seller
broker, in I+roker's trust account on behalf of both Seller ants Purchaser. Broker is authorized to deliver the earnest money
deposit to the closing agent, if any, t or before los ng.
(b) CASH A"f CLUSINCi. ~ar~~ra~~, ~ for. additional provisions .relating to payment
of e urchase pace
s See Se C t t On 20, / to be paid by urchaser at closing in cash, electronic transfer funds, urtificd check, ravings ants
loan teller's check, or cashier's check. Subject to the provisions of section 4, if the existing loan balance at the time of
closing shall be different from the loan balance in section 3, the adjustment shall be made in cash al closing or paid as follows:
(c) NEW LOAN.
S NA by Purchaser obtaining s new loan.
This loan will be secured by a (1st, 2nd, etc.) NA deed of truss.
7'hc new loan Io Purchaser shall be amortized over a period of NA years st approximately S NA
per NA including principal end" interest not to exceed NA % pu annum, plus, if required by
I'urchascr's lcnclcr, a deposit of of the estimated annual teal estate taxes, property insurance premium, and
mortgage insurance premium. If the loan is an adjustable interest tale or graduated payment luau, the payments and interest
rate initially shall not exceed the figures scl forth above.
Nn CRSI 5[R9 VACANT LANK/FARM AN[) F2ANCI1 CONI RACT TO BUl' dt SLLL RL?nL ESTATE Page 1 0l ti
hlcAlliner ublrrhing.502Ma~n r.,Csrbondale,l'O 81623 (3(J))967~1027
' Loan discount points, if an~y shall he paid to lender at closing and shall not exceed NA % of the total loan
- amount. 7'he first (1, 2, etc.) NQ loan discount points shall be paid by NA ,and the balance, if any,
shall he paid by
Purchaser shall timely pay a loan origination fee not to exceed NA % of the loan amount and Purchaser's loan
costs. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by NA upon loan
application as rcquircd by lender.
(d) ASSU~tPTION.
s NA by Purchaser's assuming and agreeing to pay an existing loan in this approximate amount,
presently payable at S NA per NA including principal, interest presently at %
per annum, and including escrow for the following as indicated:
? real cstale taxes, ? property insurance premium, ? mortgage insurance premium,
and NA Purchaser agrees to pay a loan transfer fee not to exceed
s NA At the Iimc of assumption, the new interest rate shall not exceed -~{,A % per annum
anti the new payment shall Hirt exceed S NA plus escrow, if any.
Seller ? shall ? shall not be released from liability on said loan. If applicable, compliance with the requirements
for release from liability shall be evidenced by delivery at closing of appropriate letter from Icnder. Cost payable for reteasc of
liability shall be paid by NA in an amount not to exceed ~ NA
(e) SGLLLR OR PRIVATETl11RU•PARTY FINANCING.
s by Purchaser executing a promissory note payable to:
on the note form az indicated: (check one box)
? Right-to-Cure NTD 52-11-63 ? No Right•to-Cure NTD 61-I1-83
secured by a (lst,2nd,elc.) tyA deed of trust encumbering the Property, using the form as indicated: (check one box)
? Strict Uuc-on-Sale (7'D 72-11-63) ? Creditworthy (TD 73-11-53)
? Assumable -Not due on Sale (TD 7411-53) ?
The promissory note shall be amortized on the bazis of NA years, payable at S NA per
inducting principal and interest at the rate of % per annum. Payments shall commence
NA anal shall he due on the NA
day of each succeeding NA !f not sooner pant, the balance of principal and accrued interest shall Ise
due and payable NA after closing. Payments ? shall ? shall not be
increased by NA of estimated annual real cstale taxes, and ? shall ? shall not be increased by
of estimated annual property insurance premium.
The loan shall also contain the following Icrms as indicated: If any payment is not received within NA ealenclar stays
after its due date, a late charge of NA % of such NA palTrrent shall be due. Interest on Icnclcr
disbursements unclcr the decd of trust shat! be NA % per annum. Default interest rate shall be NA %
per annum.
Purchaser may prepay without a penalty except NA .
4. FINANCING CUNDIl IONS AND OBLIGATIONS.
(a) loan Application(s). If Purchaser is to pay all or part of the purchase price as set forth in section 3 by obtaining a new
loan or if an existing loan is not to be released at closing, Purchaser, if required by such lender, shall make written application
within NA calendar clays from acceptance of this contract. Purchaser shall cooperate with Seller and lender to obtain loan
approval, diligently and timely pursue same in good faith, execute all documents and furnish all information and documents
rcquircd by the lender, and, subject to section 3, timely pay the costs of obtaining such loan or Icnder consent.
(h) loan Approval. If Purchaser is to pay all or part of the purchase price by oblainin anew loan as specified in section
3, this contract is conditional upon lender's approval of the new loan on or before N~ 19 NA .
If nor so approved by saiel date, this contract shall terminate. If the loan is so approved, but such proceeds are not available to
Purchaser as rcquircd in section S (Good Funds) at the time of closing, closing shall be extended one time for calendar
days (not to exceed (5) five). If sufficient funds are not then available, this contract shall tetvtinate.
(c) Existing-Loan Review. If an existing loan is not to be released at closin ,Seller shall pro~7de copies of the loan
documents (including note, deed of trust, modifications) to Purchaser within N~ calendar days from acceptance of this
• contract. This contract is conditional upon Purchaser's review and approval of the provisions of such loan documents. Purchaser
consents to the pro~•isions of such loan documents if no written objection is received by Sellct or Listing Company from
Purchaser within NA calendar days from Purchaser's receipt o[ such documents. If the lender's approval of a transfer of
the Property is required, this contract is conditional upon Purchaser's obtaining such approval wit NA t change in the terms of
such loan, except as set forth in section 3. If lender's approval is not obtained on or before ,
19 ,this contract shall be terminated on such date. If Seller is to be released from liability under such existing luau
and Purchaser does not obtain such compliance as set forth in section 3, this contract may be terminated at Seller's option.
(cl) Assumption Balance. If Purchaser is to pay all or part of the purchase price by assuming an existing loan and if the
actual principal balance of the existing loan at the dale of closing is less than the amount in section 3 by more than
S NA ,then Purchaser may terminate this contract effective upon receipt by Seller or Listing Company
of Purchaser's written notice of termination.
No. Ct3S3 S/t!a V,~CANT LAND/FARM AND RANCIi CONTRACT TO DUY k SCLL RGI. [S'TATG Page 2 0l6
M~111~sier Publishing, 502 Main i., Carbondale, CO 81623 (303)963.1027
(e) Credit Information. It Purchaser is to pay all or part of the purchase price by executing a promissory note in favor of
' Seller or if an existing loan is not to be released al closing, This contract is conditional upon Seller's approval of Purchaeer's
financial ability and creditworthiness, which approval shall be at Seller's sole and absolute discretion. In such case: (1) Purchascr
shall supply to Scllcr on or before Nq 19 at Purchaser's expense, information and
documents concerning Purchaser's financial, employment sort credit condition; (2) Purchaser consents that Seller may verify
Purchaser's financial ability and creditworthiness; (3) any such information and documents received by Scllcr altall be held by
Seller in confidence, apes nut rclcasecl to others except to protect Sellcr'a interest in this transaction; (4) if Scllcr does not
pros•iele written notice of Seller's disapproval l0 Purchaser on or before Nq , 19 ,then Scllcr
waives This condition. If Seller does provide written notice of disapproval to Purchazer on or before said date, this contract shall
terminate.
S. GOOD ['UNDS. All payments required al closing that) be made in funds which comply with all applicable Colorado laws.
6. NOT ASSIGNABI.[3. phis contract shall not be assignable by Purchaser without Seller's prior written consent. Except as so
restricted, This contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and
ncsil;rrs r,f tlic Ir:+rtics• Purchaser's
7. l_'Vll)LNC:L: UI~'l l l'1.1?. Scllcr shall furnish to Purchascr, al l1d7PE1fKexpense, either a current commitment fur owner's title
insurance policy in an amount equal to the purchase price or at Seller's choice~t4~t~KOt~cYllW3ifE)(dJ~E6iA'dOxlf 1I11tYr~d4?t19Xt1S, on
or before October 12 , 19 91 tf a title insurance commitment is furnished, Purchaser may require of
Setter Thal topics of instruments (or abslracls of instruments) listeet in the schedule of exceptions (Cxceptions) in the title
insurance commitment also be furnisltetl to Purchaser al Seller's expense. This requirement shall pertain only to fnslrumerrts
shown of record in the office of the clerk and recorder of the designated county or counties. The lisle insurance commitment,
l~gether wish any copies or atrstracls of instruments furnished) pursuant to This section 7, constitute the lisle documents ('1•itlc
Uucuments). Purchascr mull request Scllcr lu furnish collies or abslracls of instruments listed in the schedule of exceptions no
later Than 5 calendar days after Purchaser's receipt of the title insurance commitment. If Seller furnishes a title
insurance comntilntent, Scllcr will have the title insurance policy delivered to Purchaser as soon as practicable after closing ansl
pay Ilre premium at closing.
8.7 I7 LG. (a) Title Review. Purchascr shall have the right to inspect the Title Documents or abstract. Written notice by
Purchascr of unnterchantat>ility of Title or of any other unsatisfactory title condition shown by the Title Documents or abstract
shall he signal by or on behalf of Purchascr and given Io Scllcr or Listing Company on or bcforc ~ calendar clays after
Purchaser's receipt of 7 isle Uucumenls or abstract, or within five (5) calendar clays after receipt by Purchaser of any'I itJe
Document(s) or endorsement(s) adeling new Exception(s) to the title wmmitmenl together with a copy of the •1•itle T)vcumenl •
adtling new l:zceplion(s) lu title. If Seller or Listing Company clues not receive Purchaser's notice by the dale(s) specified
ahut•e, Purchascr shall he tleemetl to base accepted the condition of title as disclosed by the Title Documents az satisfactory.
(h) platters Nul Shown by the I'uhlic Recunls. Scllcr shall deli~•er to Purchascr, on or bcforc the daft set Furth in
settle+n 7, true nrpics of all lease(s) amt suncy(s) in Seller's possession pertaining Iu the Properly and shall disclose In Purchascr
nll casements, slept ur other title maucrs nut shown by the public rewrds u(which Scllcr has actual knowledge. Purchascr shall
ha~c the right to inspect the 1'mperly to determine if any Third party(s) has any right in the Property not shown by the public
records (such as an unrecorded casement, unrecorded Icase, or boundary line discrepancy). Written police o(any unsatisfactory
eonditiun(s) disclosed by Sclicr or revealed by such inspection shall be signed by or on behalf of Purchascr and gis•cn to Scllcr >gK
l)49ik~XQidid(}X~`b)C on ur bcforc Or.tn~r 1~ ,19 91 It Scllcr or Listing Company does not rcccis•c
Purchaser's notice by said dale, Purchascr shall be tleemetl to have accepted title subject to such rights, if any, of third parties of
which Purchascr has actual knowlctlgc.
(c) Right to Cure. If Scllcr or Listing Company receives notice o[ unmerchantability of title or any other unsatisfactory
title condition(s) as pro~•irlett in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatislaclury title
conditions(s) prior to the date of closing. If Scllcr fails to correct said unsatisfactory title condition(s) on or bcforc the date of
closing, This rnnlracl shall then Terminate, subject to section ]7; provided, however, Purchaser may, by written nulirc received by
Scllcr or Listing Company on or bcforc closing, wais•e objection to said unsatisfactory title condition(s).
9. I)A'I 1? ()1' C'I.OSIN(;. 'I he dale of closing shall Ise October 25 19 91 or by mutual agreement at art
earlier tlalc. 7~Ire hour apes place of closing shall be as tlesignatcd by Purchaser and Seller
l0. TRANSfL• It U!''I I fLfi. Subject to teneter or payment on closing as required herein and compliance by Purcl?azer with the
other terms apes provisions hereof, Seller shall execute ants deliver a good and sufficient Warranty Deed
decd to Purchascr, on closing, atnveying the Property free and clear of all taxes except the general fazes for the year of clvsin6,
sort except see Section 20 paragraph 2 for additional exceptions
free and clear of all liens fur special improvements installed az of the dale of Purchaser's signature hereon, whether assessed or
not; except distribution utility easements, including cable TV; except those matters reflected by, the 7•itle Documents
eccepleri try Purchaser in accordance with subsection 8(a); except those rights, if any, of third parties in the Properly nut shusvn
Try the public recurtls in accordance wish subsection 6(tr); and subject to building and zoning regulations.
l 1. I'A1'~11?t~fl' UI' CNCU~fBRANCCS. Any encumbrance required to be paid shall be paid al or before the lime of
setllcment from the proceeds of This transaction or from any other source.
l2. CLOSING COST S, DOCUi~1GNTS AND SGRVlCCS. Purchaser and Seller shall pay their respective closing costs at
closing except az otherwise provided herein. Purchascr and Seller shall sign and complete all customary or required documents
at or before closing. Pecs for real estate closing anti seltlcmenl services shall not exceed S 200.00 sort
shall Ire paid at closing by ,
l3. 1'RORA'fIONS. General taxes for the year of closing, based on the most recent levy and the most recent assessment, rents,
water and sewer charges, owner's association dues, and interest on continuing loan(s), if any, and
shall be prorated to dale ofclosing.
Any sales, use and transfer tax that may accrue because of this transaction shall be paid by Nq
No C053 S/89 t•ACAN'i LAND/PARf.1 AND RANCII CONTRACT TO UUY A SF1.L RPJ1L ESTATB Page 3 of 6
Mcnllincr ublirhing.502 Mein i., Carbondale, CO 81623 (303)9631027
. 14. POSSCSSION. 1'osscssion of the Property shall be dclivercd to Purchaser as follows:
On the date of the transfer of the deed
subject to the following lease(s) or Ienancy(s):
An oral month to month tenancy with Hillis Acres for a stable and horse
riding business ,
](Seller, after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be
additionally liable to Purchaser for payment of S NA per day from the date of agreed possession until
possession is dclivercd.
15. CUNUIl'ION OF ANU UAAtAGG'i'O PROI'CRIY. 7'he Property and Inclusions :hall be wnveycJ in !heir prescnl
condition, orelinary wear anti lest excepted. In the event the 1'toperty shall be damaged by fire or other casualty prior to time of
rk,slnF, In nn nnu,unl c,f u,~l nu+re thnn ten percent r,f the ruin! purchase price, Seller shall he obligated w repair the acuue
before the elate of closing. In the even! such damage ix nut repaired within said time or if the damages exceed such sum, Ihis
contract may be terminated at the option of Purchaser. Should Purchaser elect to carry out Ihis contract despite such
damage, purchaser shall be entitled to crcclil fur all the insurance proceeds resulting from such damage to the Properly arrcl
Inclusions, not exceeding, however, the total purchase price. Should any inclusion(s) or service(s) fail or be damaged between
the dale of this wnlract and the date of closing or the date of possession, whichever shall be earlier, then Seller shall be liali{c
for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, ege and quality, or an equivalent
crcelit, less any insurance proceeds received by iurchaser wvering such repair or replacement. The risk of loss fur any tlanrage
to growing crops, by fire or other casualty, shall be borne by the party entitled to the growing crops, if any, as pruvitlcll in secticrrt
2 artcl such parr}• shall be enlitlctf to such insurance proceeds or bene('ils for the growing crops, if any.
IG.7~IAl1r OF ISSIiNCC/R[:~IGDIIS. 'l'ime is of the essence hereof. If any Hole or check received as earnest money
he rcunclcr or any otlrcr payment due hcrcunclcr is not paid, honored or tendered when due,or if any other obligation hcrcundcr
is nut performed or waived as herein provided, there shall be the following remedies:
(a) IF PURCl1ASCR 1S IN DL•FAULTi
IF7•IIGfIOX INSUIISCCTIGN (1)15 CI1I~CKLU,SCLLER'S RGAtGD1ES Sl1ALLBG ASSGt fORTII •
1N SUI3SIiCl lON (1) ~SI'IiClf'IC I'I?RI~OR~fANCI.i~. IF SAIU I3UX IS NOT CIICCKIiU, SLLLCIt'S
RIhIL:I)II:S SIIALI, 11L AS SI1' I~UR'I11 IN SUIISICI'ION (2) ~I_IUUIUA'1LU 1)AAfAGI~.SJ.
? (I) Specific Performance, Seller may elect to treat this contract as cancelled, in which care all payments and things of
value received hcrcundcr shall be forfeited and retained on behalf o[ Seller, and Seller may recover such damages as mny
be pn~pcr, or Seller may elect to rtes! this contract as being in full force and effect and Seller shall haec the right to
specific performance or damages, or bosh.
(2) l.iquiclated Damages. All payments anJ Things of value received hcrcunclcr shall be forfeited by Purchaser anJ
retained un behalf of Scllcr and both parties shall thereafter be released from all obligations hcrcunclcr. 11 is agrcccl that
such payments and things of value arc LIUUII)A'I Lil) UAhfAGIiS arul (except as provided in svbseniun (c)) arc
Slil,l.l at'S SOLI? ANT) UNI_l' Rl:~llil)1' fur Purchaser's failure to perform the obligations of ibis contract. Scllcr
expressly waives the remeclics of specific performance and acldilional Damages.
(b) 1F SELLER 1S 1N DEFAULT:
Purchaser may elect to Treat this contract as cancelled, in which case all payments and things of value reeeivecl
hereunder shall be rclurnect and Purchaser may recover such tamagcs as may be proper, or Purchaser may elect to treat
Ihis contract as being in full force anel effccl anJ 1'urchascr shall have the right to specific perfurrnance or clamagcs, or
both.
(c) COSTS ANU EXPCNSCS. Anything to the contrary herein notwithstanding, in the event of any litigation or
arbitration arising out of this contract, the court shall award to the prevailing parry sll reasonable costa and expense,
including attorney fees.
l7. CARNGST MONEY DISPUTE. Notwithslandingsny termination of Ihis wnlract, Purchaser and Seller agree that, in the
even) of any controversy regarding the earnest money and things of value held by broker or closing agent, unless tnulual wriltcn
instructions are received by the holeler of the earnest money and things of value, broker or closing agent shall nut he
required to lake any action but may await any proceeding, or at broker't or closing agent's option and sole discretion, may
interplcacl all panics and deposit any moneys or things of value into a court of competent jurisdiction and aha{1 rewver wort
costs and reasonable atlorncy fees.
l8. INSPCCTIUN. Purchaser or any designee shall have the tight to have inspection(s) of the physical condition of the Property
and Inclusions, at Purchaser's expense. 1f written notice of any unsatisfactory wndition, signed by Purchaser, is not received by
Scllcr GtrXK~ttMrYii~O)( on or before October 18 , 19 91 ,the physical condition of the Property anel
Inclusions shall be deemed to be satisfactory to Purchaser. if written notice of any unsatisfactory wndition, signed by Purchaser,
is given to Scllcr d4M)t9li6~X)61tapMK}Dcas set forth above in Ihis section, and it Purchaser and Seller haec not reaeficd s written
agreement in settlement thereof on or before October 18 19 91 ,Ihis contract shall then terminate,
subject to section 17. Purchaser is responsible and shall pay for any damage which occurs to the Property and Inclusions as
a result of such inspecliun.
No. CDtI Sf 69 vACnNT l~Nt))FARM ANt) RANCI I CONTttACT l 0 BUY de SELL RL'
\L ['S7AtH Page 1 of b
Mr~lliuer ublirhing, 502 Mein St., Carbondale, CU 81623 (303}963{017
.
r .
19.AGENCY UISCLOSURG.
The listing broker, NA
,and Its salts agents (Listing Company) represent Seller. The Listing
Company owes duties of trust, luyThy and confidence Iu Seller only. While the Listing Company has a duly to
Ircnt I'urrhascr h++ncslly, the I.ieling Crunp~ny is the Seller's ngcnl and is acting on bchall ul Scllcr and
n++t 1'urc6~scr. I11' SI(iNIN(i Illil.(>\V, I'UI((:II/151iR ACKNU\\'I.lil)(ili5 1'ItIUFt'1lAilil,Y NU'I'1CIi Hl'
LISTING UR SELLING CU~tI`ANY '1'1IA'1' LISl1NG CU~IPANY IS SL:LLL'R'S AGGNf.
7'he telling broker, NA
,and its tales agenlc (Selling Company) represent: CIF TIIE BOX IN
SUIISI:C1 lUN (1,) IS Clll?C;KtI), SI:I.I.IN(i CUt+ll'ANY RCPRIS1iN1'S PUItCI IAStiR UNI.Y, AS SIr'1'
1'OI(fl l IN SUIISIiCI IUN (1,). I1~ '1111? I1OX IN SUI)S13CI IUN (h) IS NUT CII1?CM,1?U, SG,I.INO
CUt.ll'/\N1' !tl'sl'ItItiI:tJI:S SI:I.I.I'.It ()NI.Y, AS 51:1' 1'UI(111 IN SUIISI?C'ItUtJ (a).)
(a))Sif Pfd4 XXlidlgdlpri)`~)C'„' ~~'y7f ?S~?f+11oY 141434 14~3~t~~,ii lS~r?1~~~)4ai)SXPfc'F 161'iPj~X tOV4,'41~ 1441'e~ f~1Pir1~ ~SrK~~ x
lsl~xx a,w~ rdctY~'a~e xx?xawi~x I<acaFxl~; rlllfdl iS~9Kr1<g`~QSd4,~pYa~f)~ )Is?C9~dAiS~~gE14Kr)4e~lxr~ ~K ".)4a',itllr ~l~~X ~bX~ ~X
RI(dtK3Ex?C ~cvcXD(>t;<IINa ~~~KQ91t~Xi~i3'HX 1sJ(?1QfJC~V('1~,1;~ r~~~~x't41ct~~~ )t•rc1`r ~x'x~1~~1~
tt7ct~x RAC Da X Ax wx R 8 a MD(I~CX ~ l9~ft>4tQxX z9cS~Q_~'i5 lA~Cl4?QX K
p (by~s~a,~a~alxn~~x~c>~~~xxlca(~~i14~~r~c~c?~c~~14~~14~34;~i~4~,~~4,~~6K>~a4it+~4x
isi+ttp.x 7WQi4A4)(t~,~ ~ M~~ X76WY1,'klilK Xxc1411~ ~ XJEXJtge`1fdK ~2SJEc'4M~ llclPbYg'(~21~i~~~ 14KIi'a~f(xr'Gtx
x'~~ lip ~ Y~S~Axr~il>~Sadf x xg~gcsa >R~N9 X ~ xg ~1~>< ~tN! PU4~4 ~'xX~K!<t~4~~S~S~45~9~1 ~ Xtzi'~4ucS 1~Pt~tx ~•x
Kl4KKtt~X ~~..iDGKd4>1' K4(K Kal'S~?I~QSCtX?S ~!4'~K~S ~K~1'.
20. AUUII~IONAL PROVISIONS:
1. Additional provisions relating to purchase price are as follows:
The remainder of the purchase price shall be paid by the Purchaser in
forty (40) semi-annual insta]]ments which shall be equivalent to forty
percent (40%) of tl)e principle and interest payments to be made by
Seller on tl)e "Town of Vail Sales Tax Revenue Bonds Series of 1991"
("t})e bonds") which shall be issued by the Seller to finance its
pure}lase of the real estate described in paragraph 1 hereof. The date
and amount of said payment shall be approximately as set forth in
Exhibit B attached and incorporate herein by reference. The Purchaser
and Seller understand, however, that until tl~e closing of the bonds
the true interest rate payable by Seller s}1a11 not be finally
determined. The Purchaser agrees to make the payments required by this
section in an amount reflecting the true interest rate which shall in
no event ir)crease the Purchaser's payments as set forth in Exhibit B in
amount more than) t.en percent (10%). The Purchaser and Seller further
understa)d that there shall be a debt service reserve fund created from the
bonds proceeds and that the interest from such fund shall be credited
to the Authority's payments as set forth in the footnotes of Exhibit B. The
provisions of this paragraph and all other provisions of this contract which
can not be performed prior to closing shall survive the closing and transfer
of the deed and shall be enforceable at law or in equity.
2. Additional exceptions to free and clear Title are as follows:
a) The right of the Town of Avon and the County of Eagle to purchase
an interest in the property as more specifically set forth in a
contract dated March 19, 1990 attached as Exhibit C and
incorporated herein by reference.
b) Exceptions as listed in Exhibit D attached and incorporated
herein by reference.
c) An agreement to grant an easement on the property to the June
Creek Ranch Company attached as Exhibit E and incorporated
herein by reference.
21. RECOA1h1ENDA'fION OF LEGAL COUNSEL. By signing this document, Purchaser and Seller acknowledge that the
Selling Company or the Listing Company has recommended Ihst Purchaser and Seller obtain the advice o[ their own Icgal
counsel rcgarcling examination of title and this contract.
22. 'I L'RKtIfJA'fIUN. In the even) this contract is IerminiGcd, all payments and things of value received hereunder shall be
relurne(I and the panics shall be relieved of all obligations hereunder, subject to section 17.
[~10. ('ISSJ S/89 \'nCANr U1N1)lr/1RM I\N[) ii/(NCII CONTR~\Cr TO OUY ~ 5P1L REAL [SfATII Ps~c S of b
McAll~rier iPubl~rhin~, SUl Mnin 55,., C~rbondele, CU E1627 (]W)96) 1017
IN WITNESS WHEREOF, the parties have signed this agreement on
TOWN OF VAIL EAGLE COUNTY RECREATION AUTHORITY,
SeNer Purchaser
By: BY:
Kent R. Rose
Mayor President
P.o.eae
i ~ £
ORDINANCE NO. 39
Series of 1991
ANNUAL APPROPRIATION ORDINANCE: ADOPTING A
BUDGET AND FINANCIAL PLAN AND MAKING
APPROPRIATIONS TO PAY THE COSTS, EXPENSES,
AND LIABILITIES OF THE TOWN OF VAIL, COLORADO,
FOR ITS FISCAL YEAR JANUARY 1, 1992 THROUGH
DECEMBER 31, 1992, AND PROVIDING FOR THE LEVY
ASSESSMENT AND COLLECTION OF TOWN AD
VALOREM PROPERTY TAXES DUE FOR THE 1991 TAX
YEAR AND PAYABLE IN THE 1992 FISCAL YEAR.
WHEREAS, in accordance with Article IX of the Charter of the Town of
Vail, Colorado, the Town Manager prepared and submitted to the Town Council a
proposed long-range capital program for the Town and a proposed budget and
financial plan for all Town funds and activities for the 1992 fiscal year; and
WHEREAS, notice of public hearing on the proposed Town budget and
capital program was published on the 4th day of October, 1991, more than seven
days prior to the hearing held on the 15th day of October, 1991, pursuant to Section
9.5 of the Charter; and
WHEREAS, it is necessary for the Town Council to adopt a budget and
financial plan for the 1992 fiscal year, to make appropriations for the amounts
specified in the budget, and to provide for the levy, assessment and collection of Town
ad valorem property taxes due for the 1991 year and payable in the 1992 fiscal year.
NOW, THEREFORE, be it ordained by the Town Council of the Town of
Vail, Colorado, that:
1. The procedures prescribed in Article IX of the Charter of the Town of
Vail, Colorado, for the enactment hereof have been fulfilled.
2. Pursuant to Article IX of the Charter, the Town Council hereby makes
the following annual appropriations for the Town of Vail, Colorado, for its fiscal year
beginning on the first day of January, 1992, and ending on the 31st day of December,
1992:
1
FUND AMOUNT
General Fund $13,933,226
Capital Projects Fund 6,231,678
Conservation Trust Fund 8,200
Real Estate Transfer Tax 1,918,255
Special Parking Assessment 274,000
Heavy Equipment Fund 1,463,993
Police Seizure Fund 84,118
Debt Service Fund 4,951,932
Health Insurance Fund 630,000
Lionshead Mall Project Fund 73,000
Lionshead Mall Debt Service 45,350
Vail Marketing Fund 659,101
West Vail Debt Service Fund 1,740
Booth Creek Debt Service Fund 34,675
Total: 30,309,268
Less Interfund Transfers: <7,515,825>
Total Budget $22,793,443
3. The Town Council hereby adopts the full and complete Budget and
Financial Plan for the 1992 fiscal year for the Town of Vail, Colorado, which are
incorporated by reference herein and made part hereof, and copies of said public
records shall be made available to the public in the Municipal Building of the Town.
4. For the purpose of defraying part of the operating and capital
expenses of the Town of Vail, Colorado, during its 1991 fiscal year, the Town Council
hereby levies a property tax of 5.995 mills upon each dollar of the total assessed
valuation of $334,593,500 for the 1991 tax year of all taxable property within the
Town, which will result in a gross tax levy of $2,005,888 said assessment shall be
duly made by the County of Eagle, State of Colorado, and directs Revised Statutes
(1873 as amended) and as otherwise required by law.
5. This Ordinance shall take effect five days after publication
following the final passage hereof.
2
INTRODUCED, READ ON FIRST READING, APPROVED AND
ORDERED PUBLISHED ONCE IN FULL THIS day of , 1991, and a
public hearing on this Ordinance shall be held at a regular meeting for the Town
Council of the Town of Vail, Colorado on the day of , 1991, at
7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ ON SECOND READING, APPROVED AND
ORDERED PUBLISHED this day of ,
1991. .
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
C:\ORD.39
3
r, ~ .
WORK SESSION FOLLOW-UP October 11, 1991
Page. •1 of 3
TOPIC QUESTIONS FOLLOW-UP SOLUTIONS
8/8/89 WEST INTERMOUNTAIN COUNCIL: Proceeding w/legal requirements Council is mulling over next step.
ANNEXATION for annexation.
(request: Lapin)
07/27 UNDERGROUND UTILITIES IN LARRY/GREG: Work with Holy Cross Larry will work with bond counsel
EAST VAIL Electric to establish special improvement regarding financing package.
district(s) for underground utilities in
East Vail.
12/18 MILLRACE CONDO. ASSN. KRISTAN: Respond. With foreclosure of property complete,
_LETTER--- - - - - - -
- - - - - - -foll-ow-up-on--new--cont-a-ct-sntiated----
A letter has been written to Seattle .
First; response requested as soon as
possible. Will keep Council posted. Met
with Frank Freyer and bank on 9-26-91.
1/11/91 SNOW STORAGE RON/GREG: Work out site acquisition with Larry following up with Tamra Underwood.
VA. Complete design. VA has not yet received second opinion
from outside counsel. Council will be
updated at 10-15-91 WS.
05/07 VA/2o SALES TAX COLLECTIO LARRY/STEVE: Research remedies to change Research is underway. Larry to get any
(request: Gibson/Lapin) this to a mandatory TOV tax collection. legal information needed to Steve. To be
done when budget work sessions are
completed (mid-October).
07/09 SNOW REMOVAL ON PRIVATE LARRY: Research ordinance. Larry will further research civil
PROPERTY liability issue and return to Council WS
on 10-15-91.
WORK SESSION FOLLOW-UP October ll, 1991
Page 2 of .3
TOPIC QUESTIONS FOLLOW-UP SOLUTIONS•
08/20 REVISE ORDINANCE ON LARRY: Recommend revisions for Ordinance to be presented to Council on
BIDDING REQUIREMENTS bidding process. 10-15-9.1.
(request: Rose)
08/27 SALES TAX ISSUES SALLY LORTON: Rob stated a new Hotel mark-ups on "guest" phone calls are
funding source has recently been taxable. Specific notice of this will be
discovered, i.e., local sales tax sent out soon. Sales tax is due only on
should be collected on "guest" phone phone repair bills wherein the labor
calls. Kent asked if it was proper charge is not separated from the parts
to collect sales tax on phone repair charge.. If separated, sales tax is
work done outside the home, i.e. a collected only on the charge for parts.,
$50 .-00- charge- for -a--service-rendered-.--- -Needs-to--be-discussed-furthe-r--a-f-te-r--bindget - - - -
is complete.
09/10 BOOTH CREEK PEDESTRIAN RON: Check out whether this Memo listing various options has been
UNDERPASS is a part of the Master Trail's Plan, forwarded to Ken. To be analyzed for
how much use it actually receives, and repair next year.
cost of repair/replacement.
09/17 GOLDEN PEAK PARKING KEN: Vehicles have been pulling VA owns this property. Pam spoke with Joe
AREA onto the grassy area to the west of the Macy who is checking with VA.
(request: Steinberg) parking lot. Research posting signs/plac ng
boulders, etc., to discourage this.
09/17 STREET LIGHTS PETE BURNETT: The LionsHead Merchants Public Works will analyze.
(request: Levine) Association would like to see a couple
changes, which might include some of the
lighting by Montaneros, which is too brig t,
and placing it in front of Gallery Row in
the Treetops Building.
! ~r
WORK SESSION FOLLOW-UP October 11, 1991.
Page-3 'of 3
TOPIC _ ~l1ESTIONS FOLLOW-UP SOLUTIONS
09/24 OIL LEASES ON FOREST KRISTAN: PEC and public review will proc ed PEC will review on 10-28-91. To Council
SERVICE PROPERTY with letter to Bill Wood outlining Counci 10-29-91.
recommendations.
10/01 COUNCIL COMPENSATION ALL: Ordinance No. 29 defeated at 10-1-9 Rescheduled for 10-22-91 WS.
meeting. Council in attendance requested
this item be discussed/reconsidered at a
future WS meeting,
~IIC,E7C, ~ V - ! v ~ ~
i
,
REC'R OCT 1 0 1981
~ ~r xc : RAN ~°N~LLiPs
V ~~~.1 ~ INC.
SPORTS MARKETING & MANAGEMENT
October 9, 19'.2
Vail Town Ccunci 2
ciG gown c~ Vain
~7J tip. i~''OIlt~Y~P r1 S~].
Fr,
tv u t 1 , CtJ ~ 1'~•J I
Dear Tcw~l _~~un~~ _ 2 ,
ii: i:= IIl~y iiilt:.P_i'otand~ng tilt talc .=ar.~E'; rs=;~17F:~t f: GI11 ~.i. ti~'•~. iVE-:n{:`=,
InG. tCi t~l~ 19'?2 ~@1`"5~;.~;~7. :Jt?~'=C~ ~n,~8 ~IC_~i.~i~ !~_d'o~~C ~"1~,=_ i:t3E'iL
tr~iis ~~~r re!~ 1;G a .~elJaratE? 3~~~_.Ol:~l'; W'Llic1;.1 Gtii2i D2 :3~iGt~Q.t et~. ;_,~,y ~ s::)eC i~s.i
eV~nt:~ COI".Liui`,t2~ ~Tet; 'FC ue C:2',ci ia~1.:L~~~. PJeCd~a~e r ~i..P~ sL1:.C: •ao ~ri_o
i"CiU.=± i~2 :~'L-'~i. S.i ji c~• :i•'.~ :~C}.iP ta.'1 ~_c fui ai'. ;a ~.7~i1Ct~ au~ i.^~ .=i j~On:=~vrC~i1 f.::~ ,°~ii.
av;~~laoi2i' ,~f dates on .~p?cial.t~J :~CiP~.LLiL~?'s I ~.iT 'tJr iti;l? tG ii~:iuir2
~{W-~1:3~ ~t ilc uc.~± ~t:?1~ 1:~ +i, it f ~l`. 'F. .T.. .;'•Icil'~`.=, ~1.'~ .~i}i tG~1ulu ~uGi2 "t ~i7 .fan u~.'~:?;ili>t:
t, G j F~ ~ 11 ~ ~ r ~ fJ }e. ~ L ~ 1 G L J ~JL F'~ I ~ i J L G n iY 1 ~ i L r ~
J i.~.t r ~L ~ ' _I u 1
L ~ p C i n l f? (1 G i _
C~.tl i i7 ri.~r 1lJ Ll t vt 1. i1~ ~1~~y = iC^ li.~ ~~1 ~ .
:~iilCcr2 i~jr,
/ „C~ f L~
Ted ~Turt is
Yres i<<ent
CORPORATE OFFICE: P.O. BOX 26 VAfL, COLORADO 81658
~uvt ui•u•?uL.c ~vuivli r1U-11'71 r O.1~7 + t7Ui7iJLD!LUl~ ~iUi24/7G171;FF 1/ 1
RECD OCT 1 1 1991
FAGi F COUNTY BUdDING
551 AROAOVPAY
OFFICE Of TF~ ~V~ P.O. ROx 850
BQAI~ OF CCMM4ISSICAVERS • ~~r ~ ' M ~ EJ1G[E. Col.oKa[~o 81631
(303) 328-8605 FAX: (303) 328.7201
EAGLE CoLlNTY, co~o~ao
October lU, 1991
The Honorable Kent Rose
Town oP Vail
75 Frontage Road
Vail, Colorado 81657
Dear Mayor, Rose:
The Eagle Board of County Commissioners unanimously support the Tawn of Vail in their Art
in Public Places project. The Vail Village Transportation Center is highly visible and in need
of careful attention. The Board 1u?aws well that a project such as this benefits the entire
county as well as the Town of Vail.
Sincerely,
George . "Bud` Gates
Chairrt~i, Doa>1d of County Commissioners
GAG/JI~Lljd
I
REC'C OCT 1 0 19 9~~
May
TOWN OF VAIL ~
7S South Frontage Road Office of the Town Manager
Vail, Colorado 81657
303-479-2105/FAX 303-479-2157
MEMORANDUM
T0: VAIL TOWN COUN~~L
FROM: PAM BRANDMEY
DATE: 100CT91
RE: CORDILLERA TOUR
Bill Clinkinbeard has requested an opportunity to provide lunch and
a tour of the proposed Cordillera construction site - at the conven-
ience of Council.
Please bring your scheduling calendars this coming Tuesday so this can
be arranged. Thanks!
c:
f ~;~~ra.''~
J
t~(
15674 W . Wedge Way
Morrison, CO 80465
October 2, 1991
Chief' of Police
Department of Police
75 South Frontage Koad
Vail, CO 81657
Dear Sir:
We wish to commend Officer James Applegate for his help to
us yesterday when our car ignition failed on I-70 just East
of Vail on Vail Pass. With the use of our C B radio and a
trucker's help in contacting the Vail police, we had aid from
Jim in a very short time.
Not only was his professional help greatly appreciated, but
also his display of compassion and concern for our well-being.
Jim remained with us until a tow truck arrived, but beyond that
he was cheerful and supportive, giving us a list of transporta-
tion options to the Denver area and offering to take us to the
transportation terminal from the filling station if our car could
not be repaired that evening, even though he was soon going off-
duty..,
When my husband had a heart attack two years ago, we purchased
our CB radio for use in emergencies such as this. Is is most
gratifying to know that we can still continue to enjoy the beauty
of Colorado and that the "channels are open." The car was re-
paired in Vail= we arrived home safely, and we do thank Jim again
for his outstanding help and support.
Sincerely yours,
'~~z
Marianne M. Thornton
cc: James Applegate