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Home My WebLink About2007-19 the Vacation and Termination of Certain Existing Public Utility Easements within Lot 2, West Day SubdivisionORDINANCE NO. 19 SERIES OF 2007 AN ORDINANCE FOR THE VACATION AND TERMINATION OF CERTAIN EXISTING PUBLIC UTILITY EASEMENTS WITHIN LOT 2, WEST DAY SUBDIVISION WHEREAS, RCR Vail, LLC, a Colorado limited liability company, as the owner of Lot 2, West Day Subdivision, according to the recorded plat thereof ("Lot 2"), is in the process of commencing a real estate development on Lot 2 (the "West Day Development") pursuant to development approvals rendered by the Town of Vail (the "Town"), Lot 2 being within the municipal boundaries and jurisdiction of the Town; and WHEREAS, in furtherance of the undertaking of the West Day Development, the Town has determined to vacate and terminate certain platted utility easements lying within Lot 2, those easements and related utility facilities being replaced and/or reconfigured at other locations in connection with the West Day Development; and WHEREAS, the Town 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. The Town hereby vacates, abandons, relinquishes, releases and terminates (the "Termination") all utility easements within Lot 2, West Day Subdivision, according to the recorded plat thereof, which are shown by that plat as arising or originating from Reception No. 151373 (the plat of Morcus Subdivision), and as those same easements maybe established, reconfirmed or shown on any other subdivision plats of record, including, without limitation, Vail/Lionshead, Third Filing, recorded October 15, 1971, in Book 221 at Page 992, and Vail/Lionshead Fifth Filing, recorded January 27, 1977, at Reception No. 148377. (The foregoing references to Reception numbers and Book and Page numbers are to recording references in the real property records for Eagle County, Colorado.) Those utility easements which are the subject of the Termination (the "Termination Easements") are also depicted for illustrative purposes (but not to limit their scope) on Exhibit A attached hereto and incorporated herein by this reference. (For purposes of the publication of this Ordinance, Exhibit A will not be included in the publication, but notice is hereby given that Exhibit A will be maintained on file and available for review at the offices of the Town Clerk of the Town of Vail.) This Termination of the Termination Easements shall be subject, however, to satisfaction of the "Termination Conditions" set forth below. Section 2. As conditions to the effectiveness of the Termination, (i) any existing utility facilities within the Termination Easements must have been or be relocated and made operational in accordance with the ordinary installation requirements of the pertinent utility supplier, (ii) replacement easements Ordinance No. 19, Series 2007 must have been or be established by grant of record to the pertinent utility supplier to accommodate those relocated utility facilities, and (iii) new drainage easements must be established of record to provide requisite storm drainage functions in accordance with the Town requirements applicable to the West Day Development (the "Termination Conditions"). In connection therewith: (a) 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. (b) 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 RCR Vail, LLC 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 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 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. Ordinance No. 19, Series 2007 2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3`d day of July, 2007, and a public hearing for second reading of this Ordinance set for the 17`~ day of July, 2007, at 6:00 P.M. in the Council Chambers of the Vail M"nuilding, Vail, Colorado. ATTEST: ~~ own Clerk READ AND APP this 17~' day of July, 2007. /~--~' , L' ,~~A. odney E. Slifer, . , READING AND ORDERED PUBLISHED j ,, ~L Rodney . Slifer, M yor, Town of Vail .. ~. A T: ~~~ •....•. RA ~---- Lor, ei Donaldson, Town Clerk Ordinance No. 19, Series 2007 3 EXHIBIT A Depiction of Termination Easements (See the attached) Ordinance No. 19, Series 2007 A-1 LINE TA BLE LINE LENGTH BEARING L1 65.88' N15'50'27"W L2 146.39' N26'13'51"E L3 218.90' N12'34'39"W L4 21.30' N69'42'49"E L6 258.93' N69'42'49"E L7 6.35' S2O'17'11 "E L8 198.65' N74'12'56"E CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING C1 62'28'13" 24.91' 27.16' 15.11' 25.83' S15'45'24"W C2 15'44'48" 629.25' 172.94' 87.02' 172.39' N38'OO'42"E C3 80'45'12" 25.00' 35.24' 21.26' 32.39' S66'36'29"W C4 32'11'06" 391.99' 220.20' 113.09' 217.31' S88'43'1O"E G3 ~ 9.14' N 26'13' S1 "E 12.66' ~~ J~\ ~~ ~ ~~~~~ O 3 ~0 Q p. L 1~1 gyp. G`L ~,~ N74'12' 56"E rT136 DUI ;U -+r O D ` ~ N74'1 52 6"E - 165.20' L=(35.06') r ~,• y 18.43' 241. T.P.0.6. N74'12'56"E - 241.91' [ T 47.45' - , rrc ~~~~~~~ 40.0' v ~ ~~ a ? cn J 0 > z f . cn 0 ~~~\ A w\ \ ~ ~ \\ \ I\ ~ \\ N 1 N ? o ~ ~; ~ ~ J 00 o~ o ~ o _. WEST LIONSHEAD CIRCLE ~4 (50' R.O.W.) UTILITY EASEMENT (RECEPTION No. 151373) TO BE VACATED BY THIS DOCUMENT (HATCHED AREA) LOT 2 WEST DAY SUBDIVISION 2.399 ACRES (RECEPTION No. 908760)' P.O.C. 0.67' 1>~'T.4Il NOT TO SCALE L5 ~4 LOT 3 L6 Q r~- L8 N74'12'S6"E - 281.88' [281.58'] SEE DETAIL THIS SHEET EXHIBIT - A LOT 2, WEST DAY SUBDIVISION _ TOWN OF VAIL, EAGLE COUNTY, COLORADO~~ EAGLE COUNTY. CO TEAK J SIf10NTON Pgs: 5 12:42:25PM REC: $zs.ae ooc: ~ ORDINANCE NO. 19 SERIES OF 2007 AN ORDINANCE FOR THE VACATION AND TERMINATION OF CERTAIN EXISTING PUBLIC UTILITY EASEMENTS WITHIN LOT 2, WEST DAY SUBDIVISION h~} ~ WHEREAS, RCR Vail, LLC, a Colorado limited liability company, as the owner of Lot 2, West Day Subdivision, according to the recorded plat thereof ("Lot 2"), is in the process of commencing a real estate development on Lot 2 (the "West Day Development") pursuant to development approvals rendered by the Town of Vail (the "Town"), Lot 2 being within the municipal boundaries and jurisdiction of the Town; and WHEREAS, in furtherance of the undertaking of the West Day Development, the Town has determined to vacate and terminate certain platted utility easements lying within Lot 2, those easements and related utility facilities being replaced and/or reconfigured at other locations in connection with the West Day Development; and WHEREAS, the Town 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. The Town hereby vacates, abandons, relinquishes, releases and terminates (the "Termination") all utility easements within Lot 2, West Day Subdivision, according to the recorded plat thereof, which are shown by that plat as arising or originating from Reception No. 151373 (the plat of Morcus Subdivision), and as those same easements maybe established, reconfirmed or shown on any other subdivision plats of record, including, without limitation, Vail/Lionshead, Third Filing, recorded October 15, 1971, in Book 221 at Page 992, and Vail/Lionshead Fifth Filing, recorded January 27, 1977, at Reception No. 148377. (The foregoing references to Reception numbers and Book and Page numbers are to recording references in the real property records for Eagle County, Colorado.) Those utility easements which are the subject of the Termination (the "Termination Easements") are also depicted for illustrative purposes (but not to limit their scope) on Exhibit A attached hereto and incorporated herein by this reference. (For purposes of the publication of this Ordinance, Exhibit A will not be included in the publication, but notice is hereby given that Exhibit A will be maintained on file and available for review at the offices of the Town Clerk of the Town of Vail.) This Termination of the Termination Easements shall be subject, however, to satisfaction of the "Termination Conditions" set forth below. Section 2. As conditions to the effectiveness of the Termination, (i) any existing utility facilities within the Termination Easements must have been or be relocated and made operational in accordance with the ordinary installation requirements of the pertinent utility supplier, (ii) replacement easements Ordinance No. 19, Series 2007 ~~~ C Tc~~ ~(~K) 200816335 Iql IIII hl~l IIII IIG B8 . ~~ 7S.~r 1/a~` ~, ~~~1~,~ ~;>k-. ~- ~t; ~ /!os" 7- must have been or be established by grant of record to the pertinent utility supplier to accommodate those relocated utility facilities, and (iii) new drainage easements must be established of record to provide requisite storm drainage functions in accordance with the Town requirements applicable to the West Day Development (the "Termination Conditions"). In connection therewith: (a) 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. (b) 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 RCR Vail, LLC 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 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 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. Ordinance No. 19, Series 2007 2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3'~ day of July, 2007, and a public hearing for second reading of this Ordinance set for the 17t1` day of July, 2007, at 6:00 P.M. in the Council Chambers of the Vail Mu~uilding, Vail, Colorado. ,~ ~ = AL ~ odney E. Slifer, M yor AT'T'EST*' ~~ ' ~o~ot~' L re i D naldson, Town Clerk READ AND APPROV DREADING AND ORDERED PUBLISHED this 17`" day of July, 2007. ~..••••"~ L ~• '•9~ ~• • S~I ~~, Rodney . Slifer, M yor, Town of Vail • • • .~ Lo ei Donaldson, Town Clerk Ordinance No. 19, Series 2007 3 EXHIBIT A Depiction of Termination Easements (See the attached) Ordinance No. 19, Series 2007 A-1 LINE TA BLE LINE LENGTH BEARING L1 65.88' N15'S0'27"W L2 146.39' N26'13'51"E L3 218.90' N1234'39"W L4 21.30' N69'42'49"E L6 258.93' N69'42'49"E L7 6.35' S20'17'11"E L8 198.65' N74'12'S6"E sc~z~~ >••=so' ~O ~~PQ ~1 F~~~~- O~ L CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING C1 62'28'13" 24.91' 27.16' 15.11' 25.83' S15'45'24"W C2 15'44'48" 629.25' 172.94' 87.02' 172.39' N38'00'42"E C3 80'45'12" 25.00' 35.24' 21.26' 32.39' S66'36'29"W C4 32'11'06" 391.99' 220.20' 113.09' 217.31' S88'43'10"E G3 ~ 9.14' ~~ 3 Qp, ~Y e1 1 90• G`L ~'~ ~ UI ;C) -+ r 0 ~( 136.41 N74'12.' 56" j\ ~]~~~^C\ " _ 165.20' N74.12'56 E L=(35.06') Y 18.43' T.P.0.8. N74'12'56"E - 241.91' [241.58'] T 47.45' _ , rct ~~\~~~~ WEST LIONSHEAD CIRCLE C4 (50' R.O.W.) N26'13'S1 E 12.66' 40.0' UTILITY EASEMENT (RECEPTION No. 151373) TO BE VACATED BY THIS \ DOCUMENT (HATCHED AREA) is z ~ ~ J A Z ~ V: LOT 2 0 w ~ WEST DAY SUBDIVISION ~~ , 2.399 ACRES ~ (RECEPTION No. 908760)' J Z o ~ cn P.O.C. 0.67' ~ ~ J O ~ o ~ f IJlsTAlL Q,~ ~ NOT TO SCALE L5 4 r~- L8 ~ N74'12'56"E - 281.88' [281.58'] SEE DETAIL THIS SHEET L6 LOT 3 EXHIBIT - A LOT 2, WEST DAY SUBDIVISION 1PN OF VAIL, EAGLE COUNTY, COLORADO