HomeMy WebLinkAbout2004- 3 Vacating that Platted Public Right-Of-Way Between Lots P3 & J, Block 5-1, Vail Village 5th Filing, and A Contiguous Portion of Gore Creek Drive~~-
• ORDINANCE NO.3
SERIES OF 2004
AN ORDINANCE VACATING THAT PLATTED PUBLIC RIGHT-OF-WAY BETWEEN LOTS P-
3 ~ J, BLOCK 5-A, VAIL VILLAGE, FIFTH FILING, AND A CONTIGUOUS PORTION OF
GORE CREEK DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, acting through its applicable departments and agencies,
including the Director of Public Works and the Planning and Environmental Commission, have
found and determined that the public use, convenience and necessity no longer require within
its system of public ways that certain public right-of-way legally described on Exhibit A attached
hereto and incorporated herein by this reference (the "Vacated Way"), which Vacated Way is
constituted by that certain public street platted between Lots P-3 and j, Block 5-A, Vail Village,
Fifth Filing, according to the recorded subdivision plat for Vail Village, Fifth Filing (recorded
November 12, 1965, at Map Book 1, Page 44, File No. 102538), and a contiguous portion of
Gore Creek Drive; specifically the Planning and Environmental Commission, prior to the
adoption of this ordinance, has adopted and approved a final subdivision plat for a resubdivision
of said Lot P-3, a portion of said Lot j, and the Vacated Way (the "Replat"), under which the
Vacated Way is incorporated as part of the new Lot P-3, Vail Village, Fifth Filing established by
the Replat; and
WHEREAS, in substitution of the Vacated Way (which has never been actually used as
a public street), the Replat has publicly dedicated the right-of-way of the Chute Road; and
• WHEREAS, the Town Council of the Town of Vail, to complement and give effect to the
intended vacation of the Vacated Way under the Replat, has determined to establish, adopt and
confirm such vacation by this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO as follows:
Section 1.
The Vacated Way, as legally described on Exhibit A attached hereto, is hereby vacated by the
Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail.
Section 2.
In accordance with the laws of the State of Colorado, title to and ownership of the Vacated Way
shall vest in Vail Associates Holdings, Ltd., a Colorado corporation ("Vail Holdings"), which is
the owner of the real properties abutting the Vacated Way. By way of confirmation of and
without limiting the effect of the foregoing, the Town of Vail shall proceed to execute and deliver
to Vail Holdings a bargain and sale deed for recordation that conveys the Vacated Way to Vail
Holdings.
Section 3.
Ordinance No. 3, Series of 2004, shall become effective upon the recording of the
LJ
"Final Plat
Lot P-3, Vail Village Fifth Filing
604206.RED RCFISH 02/I7/04 9'08 AM
• A resubdivision of Lots P-3 and part of Lot j, Block 5-A, a portion of Gore Creek Drive right-of-
way and that right-of-way between Lots P-3 and j, Vail Village Fifth Filing, Town of Vail, County
of Eagle, State of Colorado"
at the Office of the Eagle County Clerk and Recorder.
Section 4.
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, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, clauses or phrases be declared invalid.
Section 5.
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 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 ON FIRST READING this 20~' day of January, 2004, and a public
hearing for second reading of this Ordinance set for the 3`d day of February, 2004, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
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s S~~ Rod Slifer, ayor /
ATTEST: •
~.•• ~
~ a•.
~6rel Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED this 3`~ day of February, 2004.
G ~~~
V
Rod Slifer,IMayor
ATTEST: ~,~ ~,~ ~
' ~Cti , ......_,~'l
l,Liorel ' Donaldson,~Town Clerk r~ ~~Al.
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604206.RED RCFISH 07/17/04 9:08 AM
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Parcel Description:
EXHIBIT A
Legal Description of Vacated Way
A Parcel of land located in Vail Village Fifth Filing per the recorded Plat thereof, as recorded
November 12, 1965 at Reception No. 102538 in the Offices of the Clerk and Recorder, County
of Eagle, State of Colorado, being more particularly described as follows:
Commencing at a point on the Northerly Right-of--way line of Hanson Ranch Road as shown on
said Plat of Vail Village Fifth Filing, said point also being the common lot corner of Lots j and k
of said Vail Village Fifth Filing, thence along said Right-of--Way S 70°35'41" W a distance of
35.00 feet; forming the Basis of Bearing for this Description; thence 52.65 feet along an Arc of a
curve to the right having a Central Angle of 25°06'04", a Radius of 120.17 feet, a Chord which
bears S 83°08'43" W a distance of 52.23 feet; thence continuing along said Northerly Right-of-
Way 65.44 feet along an Arc of a curve to the right having a Central Angle of 31°11'56", a
Radius of 120.17 feet, a Chord which bears N 68°42' 17" W a distance of 64.63 feet to the True
Point of Beginning; thence N 53°06' 19" W a distance of 91.00 feet; thence 12.88 feet along the
Arc of curve to the left, having a Central Angle of 06° 15'21 ", a Radius of 117.98 feet, a Chord
which bears N 56°13'59" W a distance of 12.88 feet; thence departing said Northerly Right-of-
way 28.07 feet along an Arc of a Curve to the left having a Central Angle of 107°12'33" a
• Radius of 15.00 feet, a Chord which bears N 67°02'04" E a distance of 24.15 feet to a point of
Reverse Curvature; thence 42.56 feet along an Arc of a curve to the right having a Central Angle
of 24°23' 12", a Radius of 100.00 feet, a Chord which bears N 21°44'44" E a distance of 42.24
feet to a point of Reverse Curvature; thence 29.43 feet along an Arc of a curve to the left having
a Central Angle of 112°24'06", a Radius of 15.00 feet, a Chord which bears N 19°11'25" W a
distance of 24.93 feet to a point on the Northerly Right-of--Way of said Gore Creek Drive; thence
S 75°51'23" E a distance of 85.32 feet; thence S 82°31' 10" E a distance of 11.87 feet; thence S
45°23'24" E a distance of 3.78 feet; thence 3.93 feet along an Arc of a Curve to the right having
a Central Angle of O1°14'40", a Radius of 180.77 feet, a Chord which bears N 85°32'51" W a
distance of 3.93 feet to a point of Compound Curvature; thence 153.73 feet along an Arc of
curve to the left, having a Central Angle of 146°48' 10", a Radius of 60.00 feet, a Chord which
bears S 21°46'02" W a distance of 115.00 feet, to a point of Compound Curvature; thence 3.99
feet along an Arc of a curve to the left, having a Central Angle of O1°54'09", a Radius of 120.17
feet, a Chord which bears S 52°09' 14" E a distance of 3.99 to the True Point of Beginning, said
Parcel containing 0.104 acres more or less.
TOGETHER WITH any other pre-existing public right-of--way, as previously dedicated or
established, which lies within Lot P-3 as platted and established by the Replat.
•
604206.RED RCPISH 02/17/04 9:08 AM
~~~,u up u~~ ~VHII IIu~ ~~I III II e8~102x
ORDINANCE NO. 3
SERIES OF 2004
AN ORDINANCE VACATING THAT PLATTED PUBLIC RIGHT-OF-WAY BETWEEN LOTS P-
3 ~ J, BLOCK 5-A, VAIL VILLAGE, FIFTH FILING, AND A CONTIGUOUS PORTION OF
GORE CREEK DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, acting through its applicable departments and agencies,
including the Director of Public Works and the Planning and Environmental Commission, have
found and determined that the public use, convenience and necessity no longer require within
its system of public ways that certain public right-of-way legally described on Exhibit A attached
hereto and incorporated herein by this reference (the "Vacated Way"), which Vacated Way is
constituted by that certain public street platted between Lots P-3 and j, Block 5-A, Vail Village,
Fifth Filing, according to the recorded subdivision plat for Vail Village, Fifth Filing (recorded
November 12, 1965, at Map Book 1, Page 44, File No. 102538), and a contiguous portion of
Gore Creek Drive; specifically the Planning and Environmental Commission, prior to the
adoption of this ordinance, has adopted and approved a final subdivision plat for a resubdivision
of said Lot P-3, a portion of said Lot j, and the Vacated Way (the "Replat°), under which the
Vacated Way is incorporated as part of the new Lot P-3, Vail Village, Fifth Filing established by
the Replat; and
WHEREAS, in substitution of the Vacated Way (which has never been actually used as
a public street), the Replat has publicly dedicated the right-of-way of the Chute Road; and
. WHEREAS, the Town Council of the Town of Vail, to complement and give effect to the
intended vacation of the Vacated Way under the Replat, has determined to establish, adopt and
confirm such vacation by this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO as follows:
Section 1.
The Vacated Way, as legally described on Exhibit A attached hereto, is hereby vacated by the
Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail.
Section 2.
In accordance with the laws of the State of Colorado, title to and ownership of the Vacated Way
shall vest in Vail Associates Holdings, Ltd., a Colorado corporation ("Vail Holdings"), which is
the owner of the real properties abutting the Vacated Way. By way of confirmation of and
without limiting the effect of the foregoing, the Town of Vail shall proceed to execute and deliver
to Vail Holdings a bargain and sale deed for recordation that conveys the Vacated Way to Vail
Holdings.
Section 3.
Ordinance No. 3, Series of 2004, shall become effective upon the recording of the
"Final Plat
Lot P-3, Vail Village Fifth Filing
=/ r ~
604206.RED RCFISH 02/17/049~OS AM
A resubdivision of Lots P-3 and part of Lot j, Block 5-A, a portion of Gore Creek Drive right-of-
way and that right-of-way between Lots P-3 and j, Vail Village Fifth Filing, Town of Vail, County
of Eagle, State of Colorado"
•
at the Office of the Eagle County Clerk and Recorder.
Section 4.
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, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, clauses or phrases be declared invalid.
Section 5.
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 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 ON FIRST READING this 20d' day of January, 2004, and a public
hearing for second reading of this Ordinance set for the 3rd day of February, 2004, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
~~
rel Donaldson,
~~~!!~~
Rod Slifer,r0layor V
Rod Slifer, ayor /
IN~IINIIII~IIN~IIIIINI~IIIIII~IVNIVI 8''°.28,...
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED this 3`d day of February, 2004.
ATTEST: ~.~.
~orele~ Donaldson,'Town Clerk ri ~ ~ rEAL
.'
'•.
c~•........
604206.RED RCFISH 02/17/04 9:08 AM
Town Clerk ""'~
EXHIBIT A
Legal Description of Vacated Way
Parcel Description:
A Pazcel of land located in Vail Village Fifth Filing per the recorded Plat thereof, as recorded
November 12, 1965 at Reception No. 102538 in the Offices of the Clerk and Recorder, County
of Eagle, State of Colorado, being more particularly described as follows:
Commencing at a point on the Northerly Right-of--way line of Hanson Ranch Road as shown on
said Plat of Vail Village Fifth Filing, said point also being the common lot corner of Lots j and k
of said Vail Village Fifth Filing, thence along said Right-of--Way S 70°35'41" W a distance of
35.00 feet; forming the Basis of Beazing for this Description; thence 52.65 feet along an Arc of a
curve to the right having a Central Angle of 25°06'04", a Radius of 120.17 feet, a Chord which
bears S 83°08'43" W a distance of 52.23 feet; thence continuing along said Northerly Right-of-
Way 65.44 feet along an Arc of a curve to the right having a Central Angle of 31°11'56", a
Radius of 120.17 feet, a Chord which bears N 68°42' 17" W a distance of 64.63 feet to the True
Point of Beginning; thence N 53°06' 19" W a distance of 91.00 feet; thence 12.88 feet along the
Arc of curve to the left, having a Central Angle of 06°15'21", a Radius of 117.98 feet, a Chord
which bears N 56°13'59" W a distance of 12.88 feet; thence departing said Northerly Right-of-
way 28.07 feet along an Arc of a Curve to the left having a Central Angle of 107°12'33" a
Radius of 15.00 feet, a Chord which bears N 67°02'04" E a distance of 24.15 feet to a point of
Reverse Curvature; thence 42.56 feet along an Arc of a curve to the right having a Central Angle
of 24°23' 12", a Radius of 100.00 feet, a Chord which bears N 21°44'44" E a distance of 42.24
feet to a point of Reverse Curvature; thence 29.43 feet along an Arc of a curve to the left having
a Central Angle of 112°24'06", a Radius of 15.00 feet, a Chord which bears N 19°11'25" W a
distance of 24.93 feet to a point on the Northerly Right-of--Way of said Gore Creek Drive; thence
S 75°51'23" E a distance of 85.32 feet; thence S 82°31' 10" E a distance of 11.87 feet; thence S
45°23'24" E a distance of 3.78 feet; thence 3.93 feet along an Arc of a Curve to the right having
a Central Angle of O1°14'40", a Radius of 180.77 feet, a Chord which bears N 85°32'51" W a
distance of 3.93 feet to a point of Compound Curvature; thence 153.73 feet along an Arc of
curve to the left, having a Central Angle of 146°48' 10", a Radius of 60.00 feet, a Chord which
bears S 21°46'02" W a distance of 115.00 feet, to a point of Compound Curvature; thence 3.99
feet along an Arc of a curve to the left, having a Central Angle of O1°54'09", a Radius of 120.17
feet, a Chord which bears S 52°09' 14" E a distance of 3.99 to the True Point of Beginning, said
Parcel containing 0.104 acres more or less.
TOGETHER WITH any other pre-existing public right-of--way, as previously dedicated or
established which lies within Lot P-3 as platted and established by the Replat.
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604206.RED RCFISH 02/17/049~.O8AM I 03/17/200f 3
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