HomeMy WebLinkAbout1999-31 Authorizing the Conveyance of Fee Title to the Following Land Owned by the Town of Vail and Located on Ptarmigan Road and Vacating a Portion of Ptarmigan Road~ i
ORDIN -~i CE NO.3 Z
SERIES OF 1999
AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO THE
FOLLOWING LAND OWNED BY THE TOWN OF VAIL AND LOCATED ON
PTARMIGAN ROAD AND VACATING A PORTION OF PTARMIGAN ROAD, MORE
FlJLLY DESCRIBED AS FOLLOWS:
`(,hat portion of Lots 1-6, 131ock 5, Vail Village Seventh 1~ fling, lying South of the
North line of Govezaunent Lot 3, and North of Ptarmigan Road, hereinafter referred
to as the "Purchased Property", which Purchased Property is combined with Lots 1-6,
Block 5, Vail Village Seventh Filing (according to the original plat), as Lots 1, 2, 3
and 4, Block 2, as described in the Final Plat of Replat of Lots 1-6 Black 5 of Vail
Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government
Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal
Meridian prepared by Thompson-Langford Corporation and dated September 1, 1999
{as that plat may be modified with the consent of the Town of Vail}; and
"i'hat portion of Government Lot 3 which is situated on the east lot line of Lot 4, Vail
Village Tenth Filing, (which lot is hereinafter referred to as the "Original Lot 4"},
and lying East of the West line of Government Lot 3, West of the East line of
Government Lot 4, and North of Corners 3 anal 4 of Govenunent Lot 3, containing
5,074.5 square feet more or less, which portion is hereinafter referred to as the
"Purchased Property-1 ", which Original Lot 4 and Purchased Property-1 are
combined as Lot 4, Block 1, as described in the Final Plat of Replat of Lats 1-6
I31ack 5 of Vail Village Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing,
and Government Lot 3, situated in Sections 8 and 9, Township 5 South, Range 80
West, 6th Principal Meridian prepared by Thompson-Langford Corporation and
dated September 1, 1999, {as that plat may be modified with the consent of the Tow~~
of Vail}.
Thai portion of Ptarmigan Raad, according to the plat of Vail Village Seventh Filing,
situated in the NW Y4 NW'/4 of Section 9, Township 5 South Range 80 West of the
Sixth Principal Meridian, County of Eagle, State of Colorado, being more
particularly descriied as follows:
Beginning at the point on the North line of Government Lot 3 of said Section
9, whence the B.L. M. Cadastral Survey brass cap for the South-North one-
sixty fourth corner on the West line of said
Section 9 bears North 89°23'29" West, a distance of 65.46 feet;
Thence North 00°36'31" East, a distance of 24.97 feet to the Northerly right-
of=way line of Ptarmigan Road, being on a 215.00 foot radius curve concave
to the northeast;
Thence along said right-of way line, 58.53 feet southeasterly along the arc of
said curve, through a central angle of l5°35'49", with a chord bearing South
64°02'57" East, a distance of 58.35 feet to the North line of said Government
Lot 3;
Thence North 89°23'29" West, a distance of 52.73 feet to the Point of
Beginning.
Containing 0.013 Acres, more or less.
In addition, the Town of Vail will es~6tish and transfer to the Eagle TJalley Ld
Trust a conservation easement, on the terms and conditions set forth in the Deed of
Conservation Easement, attached as Exhibit B, which Conservation Easement shall
he oI~ the following described real estate in the Town of Vail, County of Eagle, and
State a1'Colorado, to wit:
(1) `Tract "A", a portion of Government Lot 3, Section 8, Township S South, Range 80
West, 6th Principal Meridian, which contains 9,333 square feet; and
(2) C'rovernment Lot 4, Section 9, Township S South, Range 80 •VVest, 6th Principal
Meridian which contains approximately 4.252 acres
(see attached Exhibit A -Final Plat of Replat of Lots 1-6 Block S of Vail Village
Seventh Filing; Replat of Lot 4 Vail Village Tenth Filing, and Government Lot 3,
situated i>~ Sections 8 and 9, Township 5 South, Range 80 West, 6th Principal
Meridian prepared by Thompson-Langford Corporation and dated September 1,
1999.)
Wl-IEREAS, the Town of Vail is the owner of certain property particularly described in
Exhibit A, attached hereto; and
WI-IERIAS, the land being conveyed herein was acquired by the Town of Vail from the
I]I~xted States Iaorest Service in the Land Ownership Adjustment Agreement; and
WIIERE;AS, the Land Ownership Adjustment Agreement and the conveyance of tliis land is
a~nsistc.nt with the Vail Comprehensive Open Space Plan adopted in 199; and
WIIEREAS, it is contemplated that this conveyance will be concluded through a series of
transfcl•s to adjoining property owners on Ptarmigan Road that will assist removing private
encroachments from publicly owned land, providing a boundaxy between the Town of Vaii and the
United States Forest Service property.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
(}l~' VAII.,, COLURADU that:
1. The Town Council hereby approves the sale of property for a total purchase price of
$1,212,000.
2. The 'l'own Council specifically agrees that the purchase price to be paid by Roy May
shall be paid as follows:
Tlxe purchase price for the May property is One Hundred Twenty-Eight Thousand
Eighty-Nine and 00/100s Dollars ($128,489.00) and the May donation far the
Conservation Easement is Six Hundred Eighty Thousand and OOIl00s Dollars
($680,000.00) for a total payment of Eight Hundred Eight Thousand Eighty-Nitre and
0{}/ l {}Os Dollars ($808,089.00) {the "Total Payment"), payable as follows:
a. Five Thousand and 00/100's Dollars ($5,000.00) upon contract acceptance; and
b. 'l,wo hundred Sixty-Five Thousand Eighty-Nine and 00l100s Dollars ($265,089.00},
payable at closing; and
~ ~ ~
The Mays shall sign a negotiable promissory note in the amount of Five Hundred
'T'hirty-Eight Thousand and OO/100s dollars ($538,000.00) payable to the Town of
Vail in consecutive annual installments of Two Hundred Sixty-1',Tine Thousand and
OOIl OOs dollars ($269,000.00) plus interest at the rate of 8% per annum on the unpaid
balance beginning one year from date of closing. The Mays shall have the right to
prepay this note in any amount at any time without penalty. Said note shall be
secured by a first deed of trust on the May property. The note amount and the annual
payments will be adjusted proportionally at closing to reflect any changes in purchase
price as set forth in subparagraph d., below.
d. ~ portion of the al3ove stated Total Payment being paid by the Mays, includes those
funds unpaid by the ownexs of Lot S, Vail Village 10th Filing (said lot is also known
as 975 Fairway Drive). In the event that the town of Vail should receive any funds
from said owners from the sale of Lei 5, Blocl< 1, as identified and depicted an
lxhibit ~, within 10 years of date of closing of this transaction, the Town of Vail
will promptly pay said funds in full to the Mays without interest.
3, "I'he Town Council hereby vacates that portion of Ptarmigan Road containing 0.013
acres which land will be conveyed to Kay Parker Canaan and Darrold A. Canaan, Jr. as this portion
oT'road right-oi=way contains improvements thereon, is not necessary for Ptarmigan Road, anal will
continue to be subject to an eight foot maintenance easement.
4. The rI`own Manager is hereby authorized and directed to execute such instruments of
conveyance as are appropriate to convey fee title from the Town of Vail to adjoining property
owners.
if any part, section, subsection, sentence, clause ar 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 ar phrase thereof, regardless of the fact that any one or more
parts, sections, subsections, sentences, clauses or phrases be declared invalid.
6. "1 he 't'own 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.
7. 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 ar any
ordinance previously repealed or superseded unless expressly stated herein.
~8. All bylaws, orders, resolutions, ~ ardinances, or parts thereof, inconsisten'~ ;ierewirb
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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON FIRS"P RI~ADING this 19"' day of October, 1999, and a public hearing shall be held on this
C)rdinance on the 2"`` day of November, 1999, at 7:00 p.m.
,,,..,.
Municipal Building, Vail, Colorado. ~ ~"'~ ~~,; :''%
-'
~~IJ~~
A'PTES"I: ~ f~ -
r
"..._..~
Loi D naldson, Town Clerk
in the Co 'l Chambers of the Vail
_ ; ,~,~L
Robert E. Ford, Mayor
READ ANL7 APPROVED ON SECOND READING AND ORDE PUBLISHED
this 2nd day of November, 1~4 ~~ f.'% ~-`.`' :;,,
.fi ~ l1!
~~2ob .Ford,` Mayor
AT"PEST": ~ E ~ ~
!, ~ 1 r
D~ , ~ _._~
Lorelei Donaldson, Town Clerk
canrinancc9r).3 I
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