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HomeMy WebLinkAbout1971-14 Accepting the Dedication of Land for Public Use, Including Park Facilities, Pedestrian Areas, Public Streets and Thorough Fares and Open-Space Property, the Acceptance of Leasehold Interest in Certain Real Estate for Public Use• r • ORDINANCE N0. ~4 SERIES OF 1971 AN ORDINANCE ACCEPTING THE DEDICATION OF LAND FOR PUBLIC USE, INCLUDING PARK FACILITIES, PEDESTRIAN AREAS, PUBLIC STREETS AND THOROUGH- FARES AND OPEN-SPACE PROPERTY; THE ACCEPTANCE OF LEASEHOLD INTEREST IN CERTAIN REAL ESTATE FOR PUBLIC USE INCLUDING PARKS, PLAYGROUNDS, AND PLACES FOR RECREATION AND AMUSEMENT; THE ACCEP- TANCE OF STREET DEDICATIONS; AND SETTING FORTH MATTERS AND DETAILS IN RELATION THERETO. WHEREAS, Vail Associates, Inc., a Colorado corporation, is the owner of real estate within the Town of Vail, and wishes to dedicate certain portions of its land to the Town of Vail for pub- lic and municipal purposes, including but not necessarily limited to public parks, playgrounds, picnic areas and other similar uses for the benefit of the public; and WHEREAS, the Board of Trustees for the Town of Vail has determined that it is in the public interest and welfare to accept the dedication of land tendered by Vail Associates, Inc., in various instruments of dedication; and WHEREAS, the acceptance of dedication of subject land, being without cost or expense of any nature to the Town of Vail or its inhabitants, and being in conformance with the laws of the State of Colorado, which significantly enhances the use and enjoy- ment of public facilities within the Town of Vail; and WHEREAS, the dedication of public streets by Vail As- sociates, Inc., to the Town of Vail is necessary and essential to the public health, safety and welfare; and WHEREAS, the acceptance of leasehold interest owned by Vail Associates, Inc., contributes substantially to the recre- ational facilities available to the inhabitants and visitors to the Town of Vail; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE TOWN OF VAIL, COLORADO: Section 1. The Town of Vail hereby accepts the dedica- tion of certain land described below, subject to the terms, condi- tions, reservations and limitations as set forth in the dedication instruments duly executed by Vail Associates, Inc., and made a part of the official records of the Town of Vail: (a) A part of Tract B, Vail Village, First Filing, Town of Vail, Eagle County, Colorado described as: Commencing at the Northeast corner of Vail Village, First Filing, said Corner being the intersection of the South Right-of-Way line of U.S. Highway No. 6 and the East line of the North west one-quarter of Section 8, Township 5 South, Range 80 West of the 6th Principal Meridian; thence N 79°46' W 983.16 feet along the Northerly line of Vail Village, First Filing, said line being the Southerly Right-of-Way line of U.S. Highway No. 6; thence S 6°26'52" W 348.83 feet to the true point of beginning; thence S 79°04'08" E 200.00 feet; thence N 62°52' E 66.78 feet more or less to a point on a 130 foot radius curve on the Westerly line of Gore Creek Road as platted in Vail (continued on Page Two.) • • • ~ • (continued from Page One.) Village, Fifth Filing; thence along said Westerly line on two courses: (1) Southeasterly 34.12 feet along the arc of said curve to the left whose central angle is 15°02'25" and whose long chord bears S 34° 44' 49.5" E 34.03 feet to a point of tangent; and (2) S 42°16'02" E 50.00 feet; thence S 62°19'38" W 139.66 feet; thence N 79°04'08" W 200.00 feet; thence N 6°26'52" E 100.00 feet more or less to the true point of beginning, containing 28,321.07 square feet or 0.6502 acres more or less. (b) Tract 'G', Vail Village, Fifth Filing, Town of Vail, Eagle County, Colorado. (c) Tract H, Vail Village First Filing, commonly known as Willow Circle, Town of Vail, Eagle County, Colorado. (d) That portion of Block 5-C, Vail Village First Filing, commonly known as "Wall Street", Town of Vail, Eagle County, Colorado. (e) A portion of Tract B, Vail/LionsHead, First Filing, Town of Vail, Eagle County, Colorado, de- scribed as: Beginning at a point on the Northerly line of said Tract B, which is the Southeast Corner of Tract D of said Subdivision, thence S 65°06'05" W 301.79 feet along said Northerly line; thence S 27°17'56" E. 43.66 feet to a point on the Southerly line of said Tract B; thence along said Southerly line on the following four courses: (1) N 83°35'00" E 59.50 feet; (2) S 78°13'30" E 158.00 feet; (3) N 54°34'00" E 89.00 feet; and (4) N 11°02'30" E 153.50 feet; thence S 84°37'32" W 64.55 feet to the point of beginning, containing 37,471.29 square feet or 0.8602 acres more or less. (f) A part of Tract J, Block 7, Vail Village, First Filing, Town of Vail, Eagle County, Colorado described as: Commencing at the Northeast Corner of said Tract J, said corner being on the Westerly Right-of-Way line of Vail Road and said Corner also being the Southeasterly Corner of Lot G, Vail Village, Second Filing, Amended; thence S 0°23' E 102.00 feet to the true point of be- ginning; thence N 84°07' W 215.00 feet; thence N 29°59' W 156.42 feet to the Easterly line of Tract B, Vail/ LionsHead, Second Filing; thence along said Easterly line and Northerly line of said Tract B on the follow- ing four courses: (1) S 13°57'30" W 57.72 feet; (2) S 26°48'32" E 87.70 feet; (3) S 69°27'06" E 98.01 feet; and (4) S 81°19'44" E 187.60 feet more or less to the Easterly line of said Tract J; thence N 0°23'00" W 38.36 feet along said Easterly line; thence N 84°07' W 10.62 feet to the true point of beginning, containing 12,839.61 square feet or 0.2948 acres more or less. Section 2. The Town of Vail hereby accepts the dedi- cation of public streets, Rights-of-Way, and thoroughfares within the Town of Vail from Vail Associates, Inc., which shall be preserved and maintained for the public use as streets, Rights-of-Way, and roads in the same manner as all other public streets within the Town of Vail: (a) East Meadow Drive, the same being the unplatted portion through Tracts B and C within Vail Village First Filing, Town of Vail, Eagle County, Colorado, according to the recorded plat thereof. Page Two J fib) Willow Bridge Road, the same being the unplatted road through Lot K, Block 5-E and Lot A, Block 5-B, within Vail Village First Filing, Town of Vail, Eagle County, Colorado, according to the recorded plat thereof. Section 3. The Town of Vail hereby approves that certain lease executed by Vail Associates, Inc., on the 30th day of August, 1971, whereby Vail Associates, Inc., leases to the Town of Vail certain property, located within the Town of Vail, which is fully described in said lease, for a basic term of Ninety-Nine (99) years; and accepts the terms and conditions of said lease for the public use therein set forth; and the Board of Trustees further authorizes the Mayor and Town Clerk for the Town of Vail to execute and enter into said lease for and in behalf of the Town of Vail and generally to do any and all things necessary to implement the exe- cution of the lease. Section 4. If any part or parts of this Ordinance is, for any reason, held or determined to be invalid, such determination shall not affect any other remaining portions of this Ordinance. 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 provision or application, and to this end the provisions of this Ordinance are declared severable. '~ Section 5. The Board of Trustees for the Town of Vail finds that this Ordinance is necessary to protect the public health and welfare and that this Ordinance shall become effective upon its introduction, adoption and publication in accordance with the laws of the State of Colorado. INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED THIS 12th DAY OF OCTOBER, 1971. ATTEST: Tow erk /C~~G~ nn ~__ ~' ~'/ /' /~ :'/ MayoY~ _ ~/~ Page Three