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HomeMy WebLinkAbout1994-22 Amending Ordinance No. 39, Series of 1981 to Remove the Restriction on Sale, Transfer, or Conveyance and Creating an Employee Housing Unit for Sale or Rental... 1 ORDINANGE NO. 22 SERIES OF 1994 AN ORDINANGE AMENDING ORDINANCE NO. 39, SERIES OF 1981 TO REMOVE THE RESTRICTION ON SALE, TRANSFER OR CONVEYANCE AND CREATING AN EMPLOYEE HOUSING UNIT FOR SALE OR RENTAL WHEREAS, Ordinance No. 39, Series of 1981, permitted the maximum allowable dwelling units an Lot 6, 131ock 2, Po#ato Patch at 31 dwelling units providing that one such dwelling unit be restricted to an employee housing unit; and WHEREAS, that ordinance required that the employee housing unit shall not be sold, transferred or conveyed for a period of not less than the life of Trent William Ruder, a life in being, plus iwenty one (21}years from the date that the Certificate of Occupancy is issued for said unit; and WHEREAS, the ordinance also set other restrictions for the employee housing unit including that the unit shall be rented only to tenants who are full time employees in the Upper Eagle Valley and that the employee housing unit shall not be divided into any farm of timeshares, interval ownership ar fractional fee and that a Declaration of Covenan#s and Restrictions shall be filed of record in the Office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefiit of the Town to insure that the restriction herein shall run with the land; and WHEREAS, the Federal Deposit Insurance Corporation (hereinafter "FDIC") has acquired title to the unit as successor in interest to the Federal Savings & Loan Insurance Corporation (hereinafter "FSLIC") who is the successor in interest to Sllverado Banking, Savings & Loan Association; and WHEREAS, there is presently pending in the United States District Court For The District Of Colorado, Civil Action fJo. 94-B-151 known as FD1C v. The Town of Vail and 77Q Potato Patch which requests that the Federal District Court quiet title in FDIC and find that the covenant against transfer and employee housing use be found to be unconstitutional and invalid and further requests actual and exemplary damages; and WHEREAS, the Town of Vai! has entered into a contract to purchase the caretaker unit, 770 Potato Patch Drive Condominiums as a means of resolving the above-referenced litigation and to create a fior sale or rental employee housing unit. 1 Ordinance Ne. 22, Series o! 1994 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 Ordinance No. 39, Series of 1981, is hereby amended by repeal of the following language from Section 1 therein: 5. The applicant shall agree in writing: a. That the employee housing unit shall not be sold, transferred or conveyed unit for a period of not less than the life of Trent William Ruder, a life in being, plus twenty one {21) years from date that the Certificate of Occupancy is issued for said unit, and b. That the employee housing unit shall not be leased or rented for any period of less than thirty (30) consecutive days, and that if it shall be 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, Min#urn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A "full-time employee" is a person who works an average of thirty (30) hours per week; and c. That the employee housing unit shall not be divided into any farm of timeshares, interval ownership or fractional fee, and d. That a declaration of covenants and restrictions shall be filed of record in the Office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney far the benefit at the Town to insure that the restrictions herein shall run with the land. Section 2 This unit shall remain an employee housing unit subject to the Land Use Restrictian Agreement entered by and between the FDIC and Town of Vail and the Town of Vail's Occupancy and Resale Deed Restriction, Agreement and Covenant which will be based upon the Town of Vail Affordable Housing Guidelines. Section 3 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason meld 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, sen#ences, clauses ar phrases be declared invalid. Ordlnanca No. 22, Sertes nF 1994 • 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 Municipal Gode of the Town of Vai! 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. Section 6 AlE 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 1=ULL, this 4th day of October, 1994. A public hearing shalt be held hereon on the 18th day of October, 1994, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. =~ C~. C~~;~r~-~-.~--- Margaret`A. Osterfoss, Mayor i' ATTEST: ~e Holly cCutcheon, Town perk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 18th day of October, 1994. Ma~aret A. Osterfoss, May r ATTEST: Holly McCutcheon, Town Clerk Ordinance ho. 22, ,3 Series of 1994 i i a ~ ~~~ ~ ° m ~ m ~ ~ ~ ~ ~ a m ~- ~-p~ O ~ a ~ ~ ~ m ~ m a ~ ~ • C ~-D ~6 ? m ~ m r" D ~ a ~ 0° ~ ~ m g o ~ ~'~ ~ ~~ o ~.m Q ro ro ~.~ ~ ro °- ~ m - <--o y ~ ff ° 6 Q ~~ ~ n ~ ° _ ~ ~ ~ m a m -+ z O ~ ~ y ^ Q -h O 0 n ~ ~ Q ~ ~ ~~ ~ O Q O ~ Q Q~ ~ ~ a ~ y Q m ~ ~ ~ ~a ~ m o-* = b ~ ~ ~~ O o O y ~ m ~ d ~ ° 3 ro ro ~ ~' Q ro a o Q ° ~ y a a 0 3 ~ N~ ~ ~ 3 m ~ ~ ~~ ~ ri,~ Q Q 'C gy '~ 6 ~ ,C ~ A ~ ~ Q. ~ O a 0 y ~ y O o ro ~a ~ m . 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