The URL can be used to link to this page

Home My WebLink About1967-11 Concerning the Dedication to Public use of Certain Roads, Streets, Public Right of ways, Circles, Drives, and Easements and Rights of Way by Vail Associates Inc and the Acceptance thereof and Declaring an Emergency Relative Thereto~~ ~ • • i • ORDINANCE NO. 11 Series of 1967 AN ORDINANCE CONCERNING THE DEDICATION TO PUBLIC USE OF CERTAIN ROADS, STREETS, PUBLIC WAYS, CIRCLES, DRIVES AND EASEMENTS AND RIGHTS OF WAY BY VAIL ASSOCIATES, INC., AND THE ACCEPTANCE THEREOF AND DECLARING AN EMERGENCY RELATIVE THERETO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF VAIL: Section 1. Declaration of Policy and Purpose. The Board of Trustees of the Town of Vail does hereby find, determine and declare at the time of the filing with the County Recorder's Office of Eagle County of certain plats by Vail Associates, Inc. , a Colorado corporation and its predecessor, Vail Associates Limited, a partnership, of certain subdivisions known and designated as Vail Village, First Filing, a resubdivision of Block 5 and a part of Gore Creek Drive of Vail Village, First Filing, a resubdivision of a part of Tract A of Vail Village, First Filing, Vail Village, Second Filing; Vail Village, Third Filing; Vail Village, Fourth Filing; Vail Village, Fifth Filing; Vail Village, Sixth Filing; Vail Village, Seventh Filing. That said lands described therein in said plats were located in Eagle County, State of Colorado, but not then within the limits of any municipality. That Vail Associates, Inc. , a Colorado corporation or its predecessor, Vail Associates, Ltd. , a limited partnership under the laws of Colorado, at the time that said property was so platted was the owner and -, • ~ ~ . • Page 2 -Ordinance No. 11 entity to which certain rights described in said plats were reserved and the streets, roads, circles, drives and rights of way on said land, all of which rights have now become vested in Vail Associates, Inc. That the Town of Vail was duly chartered by the laws of the State of Colorado and that all the property included in said plats of Vail Village, First to Seventh Filings inclusive, and the re subdivision of Vail Village, First Filing of Block 5 and part of Gore Creek Drive and the re subdivision of a part of Tract A of said Vail Village, First Filing, covered property now located within the municipal limits of said Town; that said Town of Vail was and is the legal successor of Eagle County as to any dedication to the public of any streets and public ways so dedicated in any of said plats; that said Vail Associates, Inc. , has offered to the Town of Vail a dedication of all of any of the remaining streets and public ways in said filings of Vail Village, First to the Seventh Filing inclusive, and the resubdivision of Vail Village, First Filing of Block 5 and part of Gore Creek Drive and the resub- division of a part of Tract A of said Vail Village, First Filing, covering property now located within the municipal limits of said Town; and has filed with the Town Clerk of the Town of Vail a dedication to the public use of and a conveyance to the Town of Vail of all of Vail Associates, Inc. 's reserved rights as to said streets, roads, circles, drives, public ways and rights of way for the same in all the said plats and the acceptance thereof is in the best interest of the Town of Vail, the public and its general welfare. • • • • • Page 3 -Ordinance No. 11 Section 2. Acceptance of Said Dedication and Conveyance. That the Town of Vail does hereby duly accept and confirm and ratify the dedication on behalf of the public for the public purpose of all roads, streets, circles, drives, public ways and rights of way located and shown on said plats for Vail Village, First to Seventh Filings inclusive, and the resubdivision of Vail Village, First Filing of Block 5 and part of Gore Creek Drive and the resubdivision of a part of Tract A of said Vail Village, First Filing, covering property now located within the municipal limits of said Town, as they appear in the records of the Recorder for Eagle County, State of Colorado, including, but not limited to streets, public ways, roads, drives, circles, rights of way and by whatever term said roads, streets, public ways and rights of way are thereon designated. There is specifically excluded from said dedication to the public and said conveyance any right in any easement across private property frequently shown on said plats by use of dotted lines and referred to as utility easements in the front, rear or along side boundary lines of said private lots. Vail Associates, Inc. , specifically dedicated to the public its rights in and to property located within an inner circle shown on the plat at the intersection of Bridge Street and Hanson Ranch Road. Section 3. Common Use. That said public roads, streets, drives, circles and public ways, including all easements of ingress and egress pertinent thereto ' • • ~ • . Page 4 -Ordinance No. 11 for public roads, as well as the right to the use of said rights of way for utilities subject to the restrictions as reserved by Vail Associates, Inc. , or its predecessor requiring said utility companies to place their facilities underground without any obligation on the Town of Vail to pay any expense of installing such underground facilities, and subject to such restrictions as may be made and placed thereon by the Town of Vail are hereby accepted, ratified and confirmed by the Town of Vail and are also hereby acknowledged to be for the common good and public use for roads, streets and public ways. Section 4. Public Need. That said roads, streets, public ways, circles, drives, rights of way for road purposes are required for ingress and egress by the citizens of the Town of Vail and by the Town of Vail in performance of its municipal services and functions for said municipality and said requirements for the Town of Vail are necessary to perform local functions and not related to interstate commerce or transportation. Section 5. Emergency. The Board of Trustees hereby finds, determines and declares that an emergency exists because of the recent creation of the Town and the need for the establishment, creation, dedication and acceptance of said streets, roads, public ways, drives, circles, rights of way for public use for road purposes and for the Town of Vail, and that this ordinance is necessary for the immediate protection and preservation of the public health • ~ ~ ~ • Page 5 -Ordinance No. 11 safety, convenience and general welfare. Section 6. Effective Date. This Ordinance shall be in full force and effect at the earliest legal date after its approval by the Board of Trustees and the Mayor and final publication or posting as prescribed by law. Section 7. Safety Clause. The Board of Trustees hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, improve the morals, order, comfort and convenience of the Town of Vail and the inhabitants hereof. Section 8. Severability. It is the intention of the Board of Trustees that this Ordinance or any part or provision thereof, shall be considered severable, and if any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions of this ordinance are declared to be severable. • ~ • ~ • Finally passed, adopted and approved on this ~`~` day of ~~~-~L~J 196 ~1 APPROVED , ~. (_ -~ ~~.y ~ ~. ~ ~~~-C".~~Mayor ,_ ATTEST: ~ {~ Cj ~ Town Recorder . / ~. (SEAL)