HomeMy WebLinkAbout2005- 8 For the Conveyance to the Vail Corporation of Certain Portions of Tract C, Vail/Lionshead First Filing, and Tract C, Vail/Lionshead Third Filing, which are Owned by the Town of Vail, and for the Vacation and Termination of Certain Public Utility .
• ORDINANCE NO. 8
Series of 2005
AN ORDINANCE FOR THE CONVEYANCE TO THE VAIL
CORPORATION, DBlA VAIL ASSOCIATES, INC., OF CERTAIN
PORTIONS OF TRACT C, VAILJLIONSHEAD FIRST FILING, AND
TRACT C, VAIL/LIONSHEAD THIRD FILING, WHICH ARE OWNED BY
THE TOWN OF VAIL, AND FOR THE VACATION AND TERMINATION
OF CERTAIN EXISTING PUBLIC UTILITY AND DRAINAGE EASEMENTS
WITHIN VAIL/LIONSHEAD, FIRST AND THIRD FILINGS, ALL IN
CONNECTION WITH THE DEVELOPMENT OF THE LIONSHEAD "CORE"
SITE, A/K/A ARRABELLE AT VAIL SQUARE.
WHEREAS, the Town of Vail (the "Town"), Vail Reinvestment Authority, and
The Vail Corporation, d/bl~Vail Associates, Inc. ("Vail Associates") are parties to that certain
Core Site Development Agreement dated as of November 8, 2004 (the "Development
Agreement"); initially capitalized terms used but not defined herein shall have the meanings
ascribed thereto in the Devel~r..~ent Agreement; and
WHEREAS, acting through the Town's applicable departments and agencies,
including the Town Council, the Director of Community Development, and the Director of
~I • Public Works, and in furtherance of the execution of the terms under the Development
Agreement, including the Town's obligations, the Town has determined to convey to Vail
Associates those portions of Tract C, VaiULionshead First Filing, according to the recorded plat
thereof ("First Filing"), and Tract C, VaiULionshead Third Filing, according to the recorded plat
thereof ("Third Filing"), that are owned by the Town, and that, pursuant to development designs
and plans approved by the Town (acting through its Planning and Environmental Commission),
fall within the building envelope and improvements areas for the pending development project
being undertaken by Vail Associates, generally referred to as the "Core" project and also as
"Arrabelle at Vail Squaze," and governed by the Development Agreement (the "Core Project");
this conveyance shall be effectuated by granting to Vail Associates the interests of the Town in
and to such building envelope and improvements areas, which are to be platted as and constituted
by Lot 1, Lionshead Sixth Filing ("Sixth Filing"), according to the plat thereof as ultimately
approved and adopted by the Town (said Lot 1 being referred to herein as the "Core Site"); and
WHEREAS, again in furtherance of the undertaking of the Core Project and the
execution of the Development Agreement, the Town has determined to terminate certain pre-
existing utility and drainage easements within certain portions of First Filing and Third Filing,
which easements aze being replaced andlor reconfigured in connection with the Core Project; 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.
644374.4 RCFISH
• NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO as follows:
Section 1.
The Town shall convey to Vail Associates all of the Town's right, title and interest in and to the
~ Core Site, as held by the Town as of the making of the Devel~r~,.ent Agreement and presently,
and hereby authorizes the Town Manager, in consultation with the Town Attorney, to execute a
quitclaim deed (the "Town Core Site Deed") and such other documents and instruments as the
Town Manager may consider to be necessary or appropriate for purposes of completing that
conve ance• rovided however that the com 1 i
y , p pet on of the conveyance shall be subject to the
following terms:
(a) The conveyance is and shall be conditioned upon, and completed as part of and
contemporaneously with, the completion of the Closing under the terms of the
Devel~~~~aent Agreement.
(b) The Town Core Site Deed will expressly reserve to the Town the Town's interests
under the Termination Easements (defined below) that fall within the Core Site,
subject expressly to the termination of the reservation upon the satisfaction of the
Termination Conditions (again as defined below).
The Town Core Site Deed will be recorded following the recordation of the Sixth Filing Plat, and
• the Town will join in the Sixth Filing Plat in its proprietary capacity as an owner. In addition, if
any portions of the property conveyed under the Town Core Site Deed aze located within the
Lionshead Mall access way, those portions shall be included within the courtyazd access public
easements to be granted under paragraph 10 of the Devel.,y~~~ent Agreement for purposes of
permitting pedestrian and, if applicable, emergency vehicle access over the surface of such
portions.
Section 2.
The Town hereby vacates, abandons, relinquishes, releases and terminates (the "Termination")
certain utility and drainage easements in accordance with and subject to the following
provisions:
(a) The easements that aze the subject of the Termination aze identified as follows: all
utility and drainage easements within Tract C, First Filing, and Tract C, Third
Filing; within Lot 4, Block 1, First Filing; and within Tracts G and H, Third
Filing, all of which easements were originally dedicated and granted to the Town
on First Filing or Third Filing, as applicable (the "Termination Easements"). All
utility and drainage easements set forth within the platted properties on Sixth
Filing will constitute Termination Easements (except for any utility easements
expressly in favor of any utility supplier other than the Town).
• (b) The Termination of the Termination Easements will be subject to the following
conditions and requirements:
644374.4 RCFlSH 2
I
• (i) The Termination will not become effective prior to the completion of the
Closing under the Development Agreement.
(ii) As a condition to the effectiveness of the Termination, replacement
easements must be established in favor of the Town, by grant to the Town
pursuant to the terms of the Sixth Filing Plat and/or pursuant to other
record dedications, to accommodate the pertinent utility and drainage
facilities as they are to be configured or reconfigured in connection with
the Core Project (the "Replacement Easements"). Replacement
Easements to be located within Town-owned properties will be granted by
the Town, subject to the applicable terms of the Development Agreement.
(iii) As a further condition to the effectiveness of the Termination, the existing
utility and drainage facilities within the Termination Easements must be
relocated and/or reconfigured within the Replacement Easements in
accordance with the ordinary installation requirements of the Town or
pertinent utility supplier, as applicable.
The foregoing conditions and requirements set forth in subparagraphs (i), (ii) and
(iii) above are sometimes referred to hereinafter collectively as the "Termination
Conditions."
• (c) The Town Manager, in consultation with the Director of Public Works and the
Town Attorney, is hereby authorized to execute and record an acknowledgment of
the satisfaction of the Termination Conditions when the Town Manager
determines that the Termination Conditions have been satisfied, which recorded
acknowledgment shall attach a copy of this Ordinance; the execution and
recordation of such acknowledgment shall be conclusive that the Termination
Conditions have been satisfied, and thereupon the Termination will be fully
effective, such that the Termination Easements are of no further force or effect.
(d) The termination of the Termination Easements pursuant to the provisions of this
Ordinance shall be referenced on the face of the Sixth Filing Plat.
(e) Upon the satisfaction of the Termination Conditions, the Town Manager, in
consultation with the Town Attorney and in addition to executing and recording
the acknowledgment of the satisfaction of the Termination Conditions, shall
execute such further quitclaim deeds and other documents and instruments as Vail
Associates may reasonably request to confirm and evidence the Termination of
the Termination Easements.
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 declAr~ 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.
644374.4 RCF[SH 3
• Section 4.
The Town Council hereby finds, determines and declares that this ordinance is necessary and
proper for the health, safety and welfaze of the Town of Vail and the inhabitants thereof.
Section 5.
' All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith aze
' 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, this 15th day of March, 2005. A public hearing on this
ordinance shall be held at the regular meeting of the Town Council of the Town of Vail,
Colorado, on the 5th day of April, 2005, in the Municipal 'ding of the Town.
L
o,~ N ~ F ~ ayor
A t l r,~T: ~ .
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s ,1.~% ~ E~..'
` Clerk ~
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INTRODUCED, D AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FU ~ e 5th day of A ril, 2005.
~ Mayor ~
ATTFS
Tin Clerk ~ ' "
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