HomeMy WebLinkAbout1977-12 Authorizing to Execute a Deed to Manor Vail Condominium Association for a Parcel of Public Property Upon Certain Conditions and Restrictionsi ,
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RESOLUTION NO. ~~
Series of 1977
A RESOLUTION AUTHORIZING THE TOWN MANAGER
TO EXECUTE A DEED TO MANOR VAIL CONDOMINIUM
ASSOCIATION FOR A PARCEL OF PUBLIC PROPERTY
UPON CERTAIN CONDITIONS AND RESTRICTIONS,
AND DIRECTING THE ACTING TOWN CLERK TO
ATTEST TO THE SAME.
WHEREAS, the Town of Vail owns certain property
designated as a street which runs through the center of the
Manor Vail Condominium property; and,
WHEREAS, the Manor Vail Condominium Association has
proposed to landscape and maintain said property; and
WHEREAS, the Town Council is of the opinion that
said area should be landscaped and used for public pedestrian
access to Gerald R. Ford Park;
NOW, T~#EREFORE, it is hereby resolved by the
Town Council of the Town of Vail, Colorado that:
1) The conveyance of that public property designated
as a street through the Manor Vail Condominium property is
hereby approved, provided, however, that said conveyance is
conditioned upon the fallowing:
a} Public pedestrian and utility access
easement shall be provided across said property.
b) Appropriate signs sha11 be provided by
Manor Vail to inform the public that the area is
open to the public for access to Gerald R. Ford
Park.
c) Landscaping and improvements sha11 be
constructed by Manor Vail in accordance with the
plans approved by the Council.
d) All signs erected on the property shall
be approved by the Design Review Board.
e) The area may not be used by Manor Vail
or its successors to determine GRFA.
Res.Page 2
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f) Manor Vail. has agreed to grant to
the Town of Vail an easement adequate for the
installation of a sewer line to serve Gerald
R. Ford Park, and in addition thereto, has
agreed to replace any landscaping previously
done by Manor Vail up to the amount of X20,000
that may have been misplaced by the Town's work
in installation of that sewer line.
2} The Town Manager is hereby authorized to execute
the conveyance of that public property designated as a street
through the Manor Vail Condominium property to the Manor Vail
Condominium Association, and the Acting Town Clerk is hereby
authorized to attest to the same.
INTRODUCED, READ, APPROVED, AND ADOPTED, this 21st
day of June, 1977.
ATTEST : ~-.'~•~.-
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Act~g Town Clerk ~--,..
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P~ANOR VAIL STREET VACATION
Hearing before the Vail Town Council
June 21, 1977
7:30 P.M.
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Donovan: I disagree. I disagree 1008. T~e.'re ta1~1~ih~ ,
the dedication of the street to Manor Vail, and I
think its an excellent proposal, and I've seen their
plans - excellent plans to make a beautiful walkway.
At this time - today - we do not know the cost of
the line. Kent talks about shoring up 3 or 4 foot
wide cut that goes 24 feet deep. Obviously, the
cost of shoring up a cut that goes to that depth
vs. laying it back could be a substantial amount -
and to replace who's landscaping? The landscaping
he's going to put on Town property? T~hich is fine.
T think he should do it, or on his own property.
But at this time I'm not ready to commit to vacating
the street when at some date we might want to come
right down the middle and lay it back in order to
save the Town, and T'm talking hundreds of thousands
of dollars, because if anyone in this audience is
knowledgeable, they know that when you go 24 feet deep,
and you lay it back 50 feet, that you're talking about
very expensive building. And if we start ripping out
Dick's landscaping, which is on our property which we
have bequeathed him tonight, I think we have a very
serious problem. As the Attorney outlined, T agree
with that - that an agreement can be reached within
the next few weeks, and T don't think it should take
any Longer than that, that Manor Vail agrees that the
cost of replacing this planter box or that planter box,
that this can be reached, then I'm all far it. But
at this stage to commit the public property to a private
individual to landscape and then say that at some later
date we may have to rip it up and the public will have
to pay for it, I think we're makine~ a serious error.
C~rilto: Kent, I have a question. That cut that would have to
be 24 feet - for what distance would it have to be at
that depth?
Rose: That's hard to answer without really looking at it.
I think we're probably talking from the Tn]ren over to
the bridge, a total of about 400 to 500 feet.
That type of sewer put in around here anywhere from
maybe $12 to about $15 to $16 a foot. That's assuming
a standard cut from about 5 to 8 feet, so we're looking
at a 20 foot cut, say for 2/3 of that area. I, just off
the tap of my head, can't imagine that it would be more
than $40 a foot for the 400 to 500 feet, average, so
we're talking maybe in the range of $16,D00 to $20,000
to do that kind of work.
Wilto: But it would have to be approximately 20 feet deep for
2/3 that distance?
Rose: Yes. I think sa. An average of 20 feet, maybe up to
22, and until you get very close to the bridge, probably
15 or 16 feet and then pretty quick in the
last 50 to 75 feet.
Elias: May I just add - I think that puts a little better
perspective. I was aghast late tonight when T heard
100,000 thrown around. We've relocated electric, gas,
telephone Lines far a great many feet of
that distance, for $15,000. So, I hate to disae~ree
with John Donovan because he, in essence, agrees with
MANOR VATL STREET VACATION
Page 2/Transcript
Elias,
cont.: the project, but I think he's overstating the potential
liability to the Town. And, if we don't know at this
stage in our growth in this Village what it costs to
do certain things like that, and~I think the other
Councilmen should be aware that I think that's somewhat
an exaggerated amount at this point.
Donovan: Dick, I'm not sa much worried about cost. I guess I
am worried about cost - I worry about when we start
tearing out your property that we give you tonight.
I worry about who's going to replace that. You may
have a fountain; or you may have a very attractive
rock wall, planter, and if we determine at that time
that we have to go through that, who replaces it?
And who's cost to replace it? I think that, unfor-
tunately, youu have a deadline of Tuesday or Monday or
whatever you mentioned. Unfortunately, these questions
haven't been resolved. If we could resolve them before
then, T'd be 100. Before I give away the public's
property to private enterprise and then have to come
back and literally have to buy it back a year or two
from now, I would like these questions answered.
Elias; T^Tell, unfortunately, I've worked an this for almost 2
years I want the public and the
Councilmen to understand there was
Donovan: I agree.
Elias: And at work session, I wasn't confronted with any
problems, and today I found out about it at 400.
So, fine, I can on that part of the project.
We can sit there with the Anthalz for another 4 years,
because what we're trying to do, I'll guarantee you,
we can solve those kind of problems later down the
road with this agreement. I can't see that with the
expertise this Street Department has shown in the
Village in 9 years, it's going to run into those kinds
of complicated problems. And I've stated that if it's
less than 25~ here tonight, which can be further
negotiated ~ if it's less than 25~ of that landscaped
area that we put in, we will hold you harmless in
replacing that landscaping.
Donovan: 25~ of what figure?
Elias: 25~ of the total Landscaping.
Donovan: That's the figure I'm asking - what figure?
Elias: It's $80,000. But, if it's 2 years down the road for
the replacement of that, it would be 25~ of the land-
scaped area, whatever the cast may be dawn the road.
And, you know, that's fair.
Donavan: That somewhat satisfies my concern that he's willing
to foot the cost of replacing his landscaping up to
to the tune of $20,000.
Staufer: I think that, you know, Dick is right to some extent.
This has been negotiated for the last - well, not
negotiated, but it has been on the boards for the last
2 or 3 years. Tie all felt that it is a good approach
to let private dollars pay for the landscaping that
we want over there. Sure, the landscaping will be
MANOR VAIL STREET VACATION
Page 2/Transcript
Staufer,
cont.:around Manor Vail, and it doesn't harm them any either,
you know. But, we wanted an approach from Golden Peak
to Ford Park; we wanted to spend major dollars there.
And T remember that at one point we were talking about
Town's money there.spending $30,000, $0,000 of the
Now, by vacating that street to them, we get $80,000
worth of private money spent there. So, I think it's
a very good trade-off there. We're not giving the
property away. ~~Te're selling it at 1/2 an acre or
1/4 an acre - whatever it happens to be - at $80,000,
and we don't put the landscaping in, you know, which
we planned to do. In addition to that, we do have
a pedestrian right-of-way through there, and right in
the Resolution it says that we shall remain a utility
access - we shall remain in possession of a utility
access. 5o I don't think. so far we're all right.
Now, the concern is if we have $16,000 or $20,000 to
put utilities, a sewer, to Ford Park prior to the lst
of June, next year. If we want to put utilities into
the Ford Park, we better put them in prior to next year,
because we've other things planned for over there, and
things are going on, and things are happening over
there. So I think we have to put the sewer in, and
water is over there now, and it just can't be put to
all the extensive use we want to put it to unless
we do put sewer in there. So I think that if we all
agree sewer should be put over there, we'll just have
to agree that we ought to do it before the 1st of June
next year, then we have no problem. And I think we
can overcome that and go ahead and not throw the whole
project out because we are not sure one way or another
whether we can build a sewer line for $15,000 or $20,000.
I don't think we should throw an $80,000 project out
and throw it away because of the gamble of whether we
will be able to or not be able to put a $16,000 sewer
line in by next June.
Dobson:Ok, Joe. Are there any other c~~~u~~ents from Council?
Are there any comments from the Floor? Then, Larry.
you have, I think, two basic recommendations or
suggestions as far as Council action is concerned.
Would you like to outline them? Maybe you only had one.
Rider:I just suggested that there would be an alternative way
to do this - approve the Resolution as written, subject
to the Town Manager and Town Engineer working out an
acceptable agreement with Mr. Elias. The second alterna-
tive would be to in fact amend the Resolution to add a
subparagraph 1(e) that says the conveyance is subject to
the condition that an adequate utility easement be
provided across the property as outlined by the Town
Engineer. So it's one and the same really except that
one you're actually putting in the Resolution, and the
other one you're just giving the Town Manager the
authority to go out and negotiate that provision.
Dobson:OK, then I'd entertain a motion from Council on one or
the other of those alternatives.
Donovan:I would like to introduce into the Resolution an additional
paragraph that says that Manor Vail is in agreement to
replace personally destroyed landscaping up to the tune
of $20,000. If we destroy their property. .
Dobson: Wait a minute. If the work did not take place until
after they had installed that landscaping. Does that
fallow, Dick?
MANOR VAIL STREL'T VACATION
Page 4/Transcript
Elias:Yes. That's fine.
Dobson:OK.
Donavan:I make a motion to approve Resolution No. 12 as outlined
by the Town Attorney and as modified by myself.
Staufer:Second.
Ruder:i have a question. Which way would you want it to
read, John _ as subparagraph 1(f} or what?
Dobson:OK, which ane do you want?
Ruder:Do you want to put the things into the Resolution, or
do you want to put it that the Tawn Manager and the
Town Engineer would negotiate?
Donavan:T want it part of the Resolution.
Ruder:As subparagraph Z{f}.
Dobson:OK, Larry, have you got all those notes? Larry, will
you incorporate John's suggestion ane more time in a
suggested motion?
Rider:1(f), all right, The motion would be the approval of
Resolution No. 12 with the amendment by the addition
of paragraph 1(f) that would provide that Manor Vail
shall provide to the Town of Vail an easement adequate
for the installation of a sewer line to serve Gerald
R. Ford Park, and in addition thereto, to agree to
replace any landscaping up to the amount of $20,000
misplaced by the Town's work in installation of that
sewer line.
Dobson:OK. John, is that acceptable?
Donovan:That's perfect.
Dobson:So, you make that motion, ok?
Donavan:So move.
Staufer:Second.
Dobson:Moved by Mr. Donovan; seconded by Mr. Staufer. Any
further c,,,~u~~ents? ~tf not, all those in favor,
All: Aye.
Dobson: Opposed? {none} Stands approved.
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