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HomeMy WebLinkAbout2004-10 Bargin and Sale Deed to Convey a Certain Vacated Portion of Platted Right-of-Way between lots P-3 and J, Block 5-A, Vail Village Fifth Filling1 a RESOLUTION NO. 10 Series of 2004 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN A BARGAIN AND SALE DEED TO CONVEY A CERTAIN VACATED PORTION OF PLATTED RIGHT-OF-WAY BETWEEN LOTS P-3 AND J, BLOCK 5-A, VAIL VILLAGE, FIFTH FILING, AND A CONTIGUOUS PORTION OF GORE CREEK DRIVE, THAT IS DESCRIBED ON EXHIBIT A ATTACHED HERETO AND MADE PART HEREOF, WITH ALL ITS APPURTENANCES, TO VAIL ASSOCIATES HOLDINGS, LTD., A COLORADO CORPORATION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail acting through its 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 in Exhibit A attached hereto; and WHEREAS, the Town Council of the Town of Vail has caused the vacation of such right- of-way by its adoption of Ordinance No. 3, Series of 2004; and WHEREAS, in place of the vacated right-of-way a final plat has been approved to publicly dedicate the right-of-way far the Chute Road; and WHEREAS, the Town Council of the Town of Vail finds that the adoption of Resolution No. 10, Series of 2004, is in the best interest of the Town of Vail and its citizenry. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Vail Town Council hereby authorizes the Town Manager to sign a bargain and sale deed, as provided for in Ordinance No. 3, Series of 2004, to hereby convey a certain vacated portion of platted right-of-way between Lots P-3 and J, Block 5-A, Vail Village, Fifth Filing, and a contiguous portion of Gore Creek Drive, that is described on Exhibit A attached hereto and made part hereof, with all its appurtenances, to Vail Associates Holdings, Ltd., a Colorado corporation. Section 2. If any section, paragraph, clause or provision of this resolution shall for any reason b~e held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution, the intent being that the same are severable. Section 3. All resolutions or parts of resolutions inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any resolution or part of any resolution heretofore repealed. INTRODUCED, READ, APPROVED AND ADOPTED this 17~' day of February, 2004. a%~~~ Rodney Slifef, Mayor, TgGvn of Vail 5~ A naldson, Town Clerk, Town of Vail 9 ~, BARGAIN AND SALE DEED Statutory Form -C.R.S. § 38-30-115] TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of Colorado ("Grantor"), whose street address is 75 South Frontage Road West, Vail, Colorado 81657, for good and valuable consideration, in hand paid or received, hereby sells and conveys to VAIL ASSOCIATES HOLDINGS, LTD., a Colorado corporation, whose street address is c!o Vail Resorts Development Company, P.O. Box 959, 137 Benchmark Road, Avon, Colorado 81620, the real property in the County of Eagle and State of Colorado that is described on Exhibit A attached hereto and made a part hereof, with all its appurtenances. Signed this day of , 2004. TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado ATTEST: By: Lorelei Donaldson, Town Clerk Name: Title: STATE OF ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2004, by as of the Town of Vail, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public Y r 1 Parcel Description: EXHIBIT A LEGAL DESCRIPTION A Parcel of land located in Vail Village Fifth Filing per the recorded Plat thereof, as recorded November 12, 1965 at File 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' S9" 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 O 1 °54' 09", a Radius of 120.17 feet, a Chord which bears S 52°09' 14" E a distance of 3.99 feet 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, that lies within Lot P-3, according to the plat entitled "Lot P-3, Vail Village Fifth Filing," which plat constitutes a resubdivision of certain portions of Vail Village Fifth Filing referenced above and has been recorded on 2004, at Reception No. ,immediately following the recordation of this Bargain and Sale Deed.