HomeMy WebLinkAbout2004-11 Vacating a Certain Part of the System of Public Ways of the Town of Vail, a Subterranean Portion of Hanson Ranch Road Contiguous to Lot P-3.. 878452 '~~ ~~~-
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l I 05/26/2004 03:59P
Teak J Simonton Eagle CO 299 R 26.00 D 0.00
• ORDINANCE N0.11
Series of 2004
AN ORDINANCE VACATING A CERTAIN PART OF THE SYSTEM OF
PUBLIC WAYS OF THE TOWN OF VAIL, COLORADO, GE., A
SUBTERRANEAN PORTION OF HANSON RANCH ROAD CONTIGUOUS TO
LOT P-3, ACCORDING TO THE SUBDIVISION PLAT ENTITLED "LOT P-3,
VAIL VILLAGE FIFTH FILING", 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 Director of Commurtity Development, have found
and determined that the public use, convenience and necessity no longer require within its
system of public ways that certain subterranean portion of public right-of-way 4egally described
as athree-dimensional area or space on Exhibit A attached hereto and incorporated herein by
this reference (the "Vacated Way"), which Vacated Way constitutes a portion of Hanson Ranch
Road contiguous to Lot P-3, according to the subdivision plat entitled "Lot P-3, Vail Village Fifth
Filing," and recorded March 17, 2004, at Reception No. 871030 ("Lot P-3"); and
WHEREAS, the Tvwn of Vail's vacation of the Vacated Way is necessary to
accommodate subterranean garage facilities that Vail Associates Holdings, Ltd. ("Vail
Holdings"), as the owner of Lot P-3, its constructing as part of a real estate development project
on Lot P-3 (the "Project"}, which subterranean garage facilities will extend into the Vacated Way;
but for the vacation of the Vacated Way (title to which will vest in Vail Holdings as the adjoining
owner), Vail Holdings could not proceed with the development of the Project; and
WHEREAS, in order to appropriately confine the use of the Vacated Way to the Project,
the Town of Vail will retain a right of entry into the Vacated Way if its use in connection with the
Project ceases, which right of entry shall be in accordance with and subject to the applicable
terms of a bargain and sale deed to be executed and delivered by the Town to Vail Holdings
(with Vail Holdings' joinder), and confirming the vesting of title to the Vacated Way in Vail
Holdings (hereinafter the "Vacation Deed"); and
WHEREAS, the Vacation Deed will further contain provisions governing the mutual use
and enjoyment of the Vacated Way and the remainder of Hanson Ranch Road in certain
respects; and ,
WHEREAS, the Town of Vail gave and published proper and timely notice of the date
and time of the public hearing for Town Council's consideration of the adoption of this
Ordinance, and Town Council duly held and conducted such hearing in accordance with
applicable laws.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO as follows:
Section 1.
i The Vacated Way, as legally described as athree-dimensional parcel of real property 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; provided, however, that this vacation shall be
Ordinance No. ! I, send of ?004
~-~,~y 7t~~, 3
• subject to the right of entry in favor of the Town of Vail and other terms that are to be set forth in
the Vacation Deed.
Section 2.
In accordance with the laws of the State of Colorado, title to and ownership of the Vacated Way
shall vest in 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, with Vail Holdings' joinder, the Vacation Deed
which, among other things, shall evidence the vesting of title in the Vacated Way in Vail
Holdings, and also reserve to the Town of Vail a right of entry under appropriate circumstances
where the Vacated Way is not used or ceases to be used for the Project. Town Council hereby
authorizes and directs the Town Manager, on behalf of the Town of Vail, to execute and deliver
the Vacation Deed to Vail Holdings (with Vail Holdings' joinder) containing such terms and
provisions as the Town Manager, after consultation with the Town Attorney, considers to be
necessary or appropriate in furtherance of this Ordinance.
Section 3.
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 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.
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.
~^~N~II~~~l~l~ltl~~l~~~a]8452 er
Ordinance No. l 1, Saeis of 2004 1
• INTRODUCED, READ ON FIRST READING, APPROVED,
PUBLISHED ONCE IN FULL, this 6th day of April, 2004. A public hearing
shall be held at the regular meeting of the Town Council of the Town of Vail,
20th day of April, 2004, in the Municipal Building of the T n of Va'
~~~
dney Slifer, May~f,
ATTEST: ,NN Op•~q
A~.
`L'orele~ Donaldson, `town Clerk a
~' ~
O~ ORr"~'~ `
AND ORDERED
on this ordinance
Colorado, on the
INTRODUCED, READ, A'9~+`~~3 AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL the 4th day of May, 2004.
~~ - ~ ~
~~i~
Rodney S7'ifer, yor
ATTES
3~N OF ~
O ..,....~ ,9i
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rLefelei onaldson, Town Clerk
• ;SEAL
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•
Ordinance No. 1 I. Saeis of 2004
IN ll~~wull l~l III ~1 I~e n845?:
• EXHIBIT A
Legal Description
A Parcel of land located in the Right-of--Way of Hanson Ranch Road, Vail Village, Fifth Filing,
according to the Plat thereof recorded November 12, 1965, at Reception No. 102538 in the office
of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described
as athree-dimensional area bounded by upper and lower surfaces whose perimeters are described
below, and bounded on its sides by vertical surfaces connecting the perimeters of those upper
and lower surfaces:
For both the upper and lower surfaces, beginning at the Southeasterly corner of Lot P-3,
according to the subdivision plat entitled "Lot P-3, Vail Village Fifth Filing" (recorded March
17, 2004, at Reception No. 871030), whence the Northeast corner of said Lot P-3 bears N
07°14'02" W a distance of 133.48 feet, which constitutes the Basis of Bearing for this legal
description, and with elevations for this legal description being based on HARN station
"Spraddle", having an elevation of 8287.82 feet (NAND 88);
Lower Surface Boundary:
Beginning at said Southeasterly Corner of said Lot P-3; thence along the Northerly Right-of-
Way line of Hanson Ranch Road, said line being the Southerly boundary line of said Lot P-3,
32.76 feet along an Arc of a Curve to the right, having a Central Angle of 15°37'04", a Radius of
• 120.17 feet, a Chord which bears N 76°29'43" W, 32.66 feet to a point on said Southerly
boundary line of said Lot P-3; thence vertically downward to a point at an elevation of
8153.0 feet, being the True Point of Beginning for the lower surface boundary; thence S
82°45'58" W a distance of 36.79 feet to a point at an elevation of 8153.0 feet; thence N
53°15'06" W a distance of 52.41 feet to a point at an elevation of 8153.0 feet; thence ascending
vertically to a point at an elevation of 8155.0 feet; thence N 53°15'06" W a distance of 28.00 feet
to a point at an elevation of 8155.0 feet; thence ascending vertically to a point at an elevation of
8156.5 feet; thence N 53°15'06" W a distance of 49.50 feet to a point at an elevation of
8156.5 feet; thence N 09°25'45" E a distance of 16.18 feet to a point at an elevation of
8156.5 feet; thence 41.34 feet along an Arc of anon-tangent Curve to the right having a Central
Angle of 20°04'33", a Radius of 117.98 feet, a Chord which bears S 63°08'35" E a distance of
41.13 feet to a point at an elevation of 8156.5 feet; thence S 53°06'19 E a distance of 16.42 feet
to a point at an elevation of 8156.5 feet; thence downward vertically to a point at an elevation of
8155.0 feet; thence S 53°06' 19" E a distance of 28.00 feet to a point at an elevation of
8155.0 feet; thence downward vertically to a point at an elevation of 8153.0 feet; thence
S 53°06' 19" E a distance of 46.58 feet to a point at an elevation of 8153.0 feet; thence 32.68 feet
along an Arc of Curve to the left having a Central Angle of 15°34'52", a Radius of 120.17 feet, a
Chord which bears S 60°53'45" E a distance of 32.58 feet to a point at an elevation of 8153.0
and the True Point of Beginning for the lower surface boundary.
Unver Surface boundary:
Beginning at said Southeasterly Corner of said Lot P-3; thence along the Northerly Right-of-
• Way line of Hanson Ranch Road said line being the Southerly boundary line of said Lot P-3,
32.76 feet along an Arc of a Curve to the right, having a Central Angle of 15°37'04", a Radius of
120.17 feet, a Chord which bears N 76°29'43" W, 32.66 feet to a point on said Southerly
6138483 RCFISH 05/13/04 10:01 AM
• boundary line of said Lot P-3; thence vertically downward to a point at an elevation of
8191.0 feet, being the True Point of Beginning for the upper surface boundary; thence
S 82°45'58 W a distance of 36.79 feet to a point at an elevation of 8191.0 feet; thence downwazd
vertically to a point at an elevation of 8190.0 feet; thence N 53°15'06" W a distance of 10.56 feet
to a point at an elevation of 8189.9 feet; thence N 53 ° 15'06" W a distance of 28.49 feet to a
point at an elevation of 8189.9 feet; thence N 53°15'06" W a distance of 28.51 feet to a point at
an elevation of 8188.2 feet; thence N 53°15'06" W a distance of 62.35 feet to a point at an
elevation of 8184.0 feet; thence N 09°25'45" W a distance of 16.18 feet to a point at an
elevation of 8184.0 feet; thence 41.34 feet along an Arc of anon-tangent Curve to the right
having a Central Angle of 20°04'33", a Radius of 117.98 feet, a Chord which bears S 63°08'35"
E a distance of 41.13 feet to a point at an elevation of 8187.2 feet; thence S 53°06' 19 E a
distance of 29.27 feet to a point at an elevation of 8189.5 feet; thence S 53 °06' 19 E a distance of
25.77 feet to a point at an elevation of 8189.4 feet; thence ascending vertically to a point at an
elevation of 8190.4 feet; thence S 53°06'19 E a distance of 35.96 feet to a point at an elevation
of 8190.8 feet; thence 32.68 feet along an Arc of Curve to the left having a Central Angle of
15°34'52", a Radius of 120.17 feet, a Chord which bears S 60°53'45" E a distance of 32.58 feet
to a point at an elevation of 8191.0 and the True Point of Be¢innin~ for the upper surface
boundary.
•
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613848.3 RCFISH 05~13i04 10:01 AM
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