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HomeMy WebLinkAbout1986-31 Vacating All Right, Title, and Interest of the Town of Vail in and to the Roadway and Made a Part Hereof.~ . }. . ~, ORDINANCE N0. 31 "~ ~ ~ ~~ Series of 198& aaoK.,, SAG E.... ~~._... AN ORDINANCE VACATING ALL RIGHT, TITLE AND INTEREST OF ~~i~INHCI'1I: P~~ILLif°`, `~~ THE TOWN OF VAIL IN AND TO THE ROADWAY MORE PARTICULARLY I:„CLE CTY' ~tEUO1~Ct~F: ~` o~ SET FORTH AND DESCRIBED IN THE QUIT CLAIM DEED ATTACHED ~ HERETO AS EXHIBIT A AND MADE A PART HEREOF'; AND SETTING i ~~H ~~i . I~ ~?$ ~~ ~~~ FORTE! DETAILS IN REGARD THERETO. WHEREAS, a portion of Gore Creek Drive, a public roadway within the Town of Uail has not been utilized by the general public for many years; and WHEREAS, said portion of Gore Creek Drive has been utilized by the owners of the Texas Townhouses far parking and appurtenant landscaping, walkways and trash receptacles during said period of time; and WHEREAS, the owners of the Texas Townhouses at their own expense have repaired and maintained said roadway for many years; and WHEREAS, because of said reasons the Town believes that it would benefit the public safety and welfare to vacate said roadway and take the necessary steps to G allow title to the roadway to transfer to the owners of the Texas Townhouses for C C parking and appropriate landscaping and walkway purposes only under the terms and conditions as set forth herein; and WHEREAS, 43-2-303 C.R.S., as amended, provides that a municipality may vacate all right, title or interest in a roadway by the adoption of an ordinance vacating any roadway or part thereof within the corporate limits of the Town; and WHEREAS, 43-2-302 C.R.S. provides that in the event that the entire width of a roadway is vacated, title to the vacated portion of the roadway shall vest in the owners of the abutting land, each abutting owner taking to the center of the roadway; and WHEREAS, the abutting landowners of the pertinent portion of Gore Creek Drive are the owners of the Texas Townhouses on one side and the Town of Uai1 on the other; and WHEREAS, said owners have entered into a Townhouse Association agreement giving the Texas Townhouse Association the right to hold title to said vacated portion of the roadway as their attorney in fact. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: Section 1. The portions of Gore Greek Drive designated as parcel A, Parcel B, Parcel C and Parcel D on Exhibit A attached hereto are hereby vacated and shall be conveyed by ' ' .. ~ r quit claim deed to the Texas Townhouse Association subject to the following conditions: I. The Texas Townhouse Association shall be obligated to maintain the surface of the vacated roadway and to keep it in good repair including, but not limited to, asphalt paving, repair of gutters and roadbed and snow removal as shall be necessary to keep said roadway in good condition and repair and accessible to authorized pedestrians and vehicles at all reasonable times. Flo property described herein shall be used or occupied at any time for any purpose other than pedestrian ,. bicycle and limited motor vehicle ingress and egress to Grantee's townhouses for the sale purpose of parking, together with appropriate landscaping, signage, walkways and placement of trash containers. Z. No property described herein shall be used or considered in determining the gross residential floor area or density that the Grantee would be entitled to under Town of Vail laws and regulations. 3. An easement twenty (20) feet in width whose center line approximates that M ~~ O r, C of those portions of Gore Creek Drive are shown in Exhibit A is hereby reserved unto the Grantor for emergency vehicle and fire access. The Grantee hereby agrees to pay for, install and maintain appropriate signs provided by the Town of Vail Fire Department designating the easement as an emergency vehicle and fire lane. 4. Subject to the Texas Townhouse Association's use of such property for the purposes described in paragraph 1 above, the Grantor hereby reserves a non-exclusive easement across the within described and granted property for the purposes of public pedestrian and bicycle ingress and egress and for the installation, maintenance, repair, and use of utility lines by utility companies, public or quasi-public authorities. 5. At the westerly entrance of the property herein described, the Grantee shall provide and maintain a sign to advise the public that, subject to said Association's right to use the property for the purpose of motor vehicle access and parking, that portion of said property used far vehicular parking and access purposes is open to the public for pedestrian and bicycle ingress and egress. This sign shall be approved by the Town of Vail Design Review Board. 6. The Town Manager is hereby directed to execute a quit claim deed containing the exceptions set Earth above and further providing that should the Grantee violate any of the restrictions, conditions, covenants ar reservations of the quit claim deed, in any way, the property shall revert to the Town of Vail, subject to said -2- ~ • r. 4, f • Association's right to receive notice of any such violation and be afforded an opportunity to cure same within a reasonable time. Section 2. 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, sentence, clause ar phrase thereof, regardless of the fact that any one or mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. 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 4. ~' i~ O C C The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND APPROVED DN FIRST READING TMIS 2nd day of December 1986, and a public hearing shall be held on this Ordinance on the 2nd day of December 1986 at 7:30 p.m: in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this ~*~ a ~S ~I...4,~~/ Pamela A. B'randmeyer, fi'awn Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED 2nd day,;. of ~~ ~] r , 1986 . ~a~l.~-R . s n , Mayor ~~ title an_1y -- this 16th day of DeceEiib"_~.- . ~ ~~ . 1986, r^_'. ~' / ~ ~ ~ C~ .,. U ~ R. John ton, Mayor by _3.. . , r `~ ,,r.~~ W ~ x,,,k,.,fi,,p. ~s,,~~~ ',.air y, ¢:,,~~Y'i'$';.+~'s`..';, Pa~~~'::°;~,~'4:"s' randmeyer, Town Ci~rk fpr.l;";~"' ~i C _4_ • ~. Q ~ ~ ~ ~ ~ ~ ~ ~ Q o ~ ci~~~~o O ~ ~ 3 ~ ~ i~ N ~ o~~y~~~?~ z ~ _ ~ < W cno_o-~po~nQ G O (~ ~ cD 7 ~~ Q ~ ~ ~- ~ p• T O a ~ ~ ~• ~ ~ O Q ~ X ~Q~y~ Q@p F" r0 ~ ~ ~ a ~ ~ ~ a~ c~ ~ ~' ~ cap `~ ~- ~ ~ "~ t~ O ~ 0 ~ ~ ~ oc~ ~..o~c~ z H U1 ~ A ~ A ~ Q o ~' o~~~a~~o~o ~ =_ °- QQ~~o m_N~ 0 o I~ ~ ~ ~ ~c~pp <m yam-~~_~ro~ 'n C Q fin' ~ ~ ~ ' ~ ~ O ~~Q.n~ n O" -r C ~ -p ~ cD ~ y' p -O O Q p 7' ~ 0 O f¢ ~ ~ .~,~, ~. f7i~ (~hm ~~~ O O ~ ~ ~ 4 ~ 6 rncnp(DL](D~O~ Z ~ ^ + ~ ~' p~`~ m tD ~ _~'f ~ ~ O ~ 3 3 ~ ~ Q O ~ ~~ ~ rn' (D A ~ ~ Q- Q ~ ~ ~ ~ ~~~ ~~ `~~ o ~ 3 ~ o Q~QO~~~o 0 ~ ~ O ~ T" ~ ~~~~Xo~o~ ~ ~ o Q_ a ~ ~' ~ o~ ~c m ~?o~ Q ~~ t ~ ~,~ ~. ~' r~ Q ~~ ~Q a ^' a,. z ~ ~~ =' n ~ ~. ~_~ ~:~ ~ ~ ~ ~ ° ~ ~ ~~ v ~ o ~ ~6' o a ~1' `~ ~ 1 ~. ~ ~ t ,. ~~~.~ ~ ~f ~ ~' ~ ~~ 3 ~~~~,~ ~ m ~. ~ o~~°~? ~~ ~~~~ ~ 6 ~ ~ ~ ~. -~ ~ a ~ ~ ~ ~ o ~,~ ° ~ ~ ~ ~ ~~ 3 ° ~ ~ `~ ° m3 n ~' a ~. ~ ~ ~ ~ ~~~~~ ~ ~. ~ ~ ~ 3 ° ° ~ ~~. ~.. 1 , vs 'son ~~h~ 2. Na properly described herein shall be used or considered Ins detarrhlriing' the gross residential ltoor areaordanaltyy that ilia Q ranlee would be entitled td under.Town of Vell lewa and regulations. ~j. 3. An easement twenty {20) feel Jn, width whose Center Ilne apprdximates that of 1hosB portiana of pore Creek Drive are shown In Exhibit B is hereby reserved unto the r3rantor !or emergency vehicle and fire aeeesa.. Th$ Grantee hereby a rasa tc pay for,inatall end malntaln eppropr~ate signs provided by~the Town o1 Vasil Fire Dapartmene desig9nating the easement ae an emerpency,vehlcle and fire '.'lane. : •~.:. ,. .;, 4. Sublecl io Grantee's rights to use said reek property for the - purposes described in paragraph i abovex Ilia t3rentor.hereby reserves a npn-Axclusiv6 eaaerhent'across the! portion 'I ~af~ the wltlth~d$acribed and granted property ~uaed for vehlauler parking and ecceaa loathe lion=eitoluel've eaearneri!`fo1 malnten~na~; ~repalr afld vac .Ulllity tinaa,b~utllityy~COmF quaN~pubild.authbtitteg. 'k-~s' 5. At the ~tiq$aterly Anlrana~ hereirf dAacdhad; lhB'.isrAiitee malntairrff a sign toady#sethe p • to Grantee's ikgitt ~t0 usa~the f purppose of vehisulacparking Porilon oT said prope~ty udod 1 ,~ ~ ~ ~~e. Ingress end egrees.'This elfin ahaN lee approved.-", by ilia Town of Vail Design Ravlew Board.t•+' 8. Should the Grahlee violate any material ' reslrictlon, condiiian, covenant orreservation o ~~ 01 Ihis quit claim deed, the property steal{ revert to the Grantol,'subJect to Grantee's tight, td 'receive nollce. of any ouch vioistlan and bo. reasonable fime0rlunity {q curg3sarneiwlthln a :. ' 7. Except as otherwise net forth herein, the I- condlllons, covenanla,~~eta.; herein~•set forth ahalt~ run wlth~~the~ land and, ahalt~ bind the i'. Grantee, Its succesao~s end aselggna; and all partleaclairilingby,thrcugh,orundeinahaElbe ' taken 10 hold, agrea,,and covenant with the Grantor of said property,'with-ills successors ; and assigns antl wish each of them to sontorm to and observe said testrictfona as io the use or ~~the property.;Upoda breach of any ~dna of the condltiona, covenants, redprtctlonsi, or ,.reservations herein ae: forth, or ilia . continuance of such "breach, ',the above J' tlescrlhatl property chap revert to the Qrahtor, ;' subJect to Qralittl~'s rights a~ :described in ! Paragraph 8 above. ' `'' ~ - ~ ~ • • '.' e. Each of the conditioner covenanta,'etc., set , ' forth above shell continue and be binding upon the Grantee, upon Its auccegsors and assigns, and upon each ~! them and all parties and all ~awentys (2cOmyesrs~teom ihtlyodatp Of this .aonveyancs. 9. Invalitlallorl~pl,any~of lheae Conditions,., covenants, etc.',. br any'' part. thereat ~ by 1 ~ Judgments or court order shalt In no vrtsa effect ':any o1 ilia other provisions, which shall remain I •In tutl force end gifect. ~-' ' `• ' ° - ~~' TO HAVE AND'TO HOLD the same, together I with all and singularihe eppurten_ances and ~'~ privileges thereunto belongging or In anywlae , thereunto epperta3ningg, and all the estate, right; '" title, Interest, and- cfalrr) whatsoever ~cl;,fRe. Granlop either 'In law r11" equity,` uhta'iha; Grantee, its auCCesaara Gild aeelgnxl0rev+dr.: • ~~ IN WITNESS WHEREOF, :1he;Grgnkae'tiaa. ; ',hereunto net i!s hand end seal the d8y end year..: a Coi6rada mu.rilclpal "sort - i ., :, 9y Rondalt Y. Tgwht ATTI~ST:A t Pamela A. Brandr(leyer ,~, Town Glerk + ~' ~ EXHIBIT'A ~! to AOpreement for', file Fof'rna af,the Tbxe9 TnwnhouaA'Aasd -.!tfatr~ AprEl_ 13,.,1984?.10 LOTS, ONE, THREE, FOUR, FIVE AN D EI GHT, VAIL V rLLAGE FOU#iTHI at:cordmg to the ret:ordad plat theretl~, of Eagle, State of Colorado: "~•'; .~ ` "The Townhousp'pn LpT$13~,,VAiLy 'FOURTH FJLING, accprdingd0 thts;n plat thereof:-` Countyy,of„„_,Eagle;';5 Colorado. .:,,.~..,,:x:;.... e:-:= .. rx -, -,;: , ,, IF•'~AIL~ oration Phllnps: laneger ~••PARpEI: A y'A Hertel-Or PARGEL 0 -- A part of Gare Creek Drive, Vafl -; Village Fourth Filing accortling to the map :i thereof recorded in the office of the Eagle '; County, Colorado. Clerk and Recorder, file southerlyfloilne of~ B dtVail Valage FourYR I Filing, saitl point being a point of intersection of the southerly right-of-way line of said Goya Creak Drive and the easterly right-of-way Ifne. i of Chalet Road, Vail Village Firth iliny. accortling to the map IhereoF recorded in the office of the Eagre County, Colorado, Clerk antl Recorder; thence the roAowing two coursaa along said southerly right-of-way line: (1) N T9 ~' I degrees 22.00° W 98.58 feet; (2) 46.08 feet efon ~3 1117a00faeF,acentralanglQOf24adegreesOd(1u06 „~ i and a chord that bears N 67 degrees 22.00^ yy~j 45.74 feet; thence. departinq said southerly I' feet to the carne line of sa~tl Gore Cteak D~ ~'i1 ~ thence the following two courses along said, ' centerline:{1)37.70 feet alongthearcofacurvg'~ '~ fothefeft,havingaradiusofg0.OOfeet,acentral.~~' angle of 24 degrees 00.00", and a chord that:~~ bears S 87 degr&as 22'lH1" ~ 37.42 feet; [2J'S 79'. degrees 22'00" E 96 58 feet; thence, departing' . saitl centerline S 10 degrees 38'00" W 20,0p feet ~to the point of de inning„ggntainin square teeL more or9ess. 9,2769 ' Pobiishetl in The Vail Trail ~~ ~I an December 5- 1986 ~f ,e.!x~st. ,.m ~inl lion Ilpp!oKUn:nes thnl v1 Ihusi• gotlions of Gore Creak grlva era shown In EahiblE A ie hereby rsaarved unto the Grantar- ~ ~~ .~ . ' SQGK.,, ~~„~ ra c ~.......1..~...~,Q_.,' _~ f ~ FI ~I #d f' 1 i ~ f' bf I -!, J f" S L' ~ ~fsG~C OTY. ~¢~ off? GRANT OF EASEMENT `1~M ~~ ~~ ~~ P~ f ~~ The TOWN OF VAIE, a Colorado municipal corporation ("the Town"), hereby grants, sells and conveys to the TEXAS TOWNHOUSE ASSOCIATION, a Colorado non-profit corporation ("the Grantee"), its successors and assigns, an easement aver real property described in Exhibit A attached hereto and by reference incorporated herein, together with the right of ingress and egress to and from said parking area i1~ for the purpose of exercising the rights herein granted. Sy accepting this parking '} ~~' easement as it is granted hereby, Grantee agrees as follows: 1. The Easement Area shall be used exclusively for vehicular parking by the Grantee and for no other purpose whatsoever. 2. The Town hereby reserves a perpetual non-exclusive pedestrian and bicycle easement for the benefit of the general public over and across the parking area granted herein subject to Grantee's parked vehicles. ~ 3. The Grantee shall be obligated to maintain the surface of the parking Cpl ~ easement area including, but not limited to, asphalt paving, repair of gutters and roadbed and snow removal as shall be reasonably necessary to keep such area in good condition and repair at all reasonable times. 4. Grantee shall obtain and maintain in full force and effect appropriate public liability Insurance coverage in amounts approved by the Town covering personal and/ar property damage claims on the parking easement area. 5. By its acceptance of the aforesaid easement, Grantee, its successors and assigns, does hereby indemnify and bald the Town harmless from and against all claims, demands, actions, suits at law, and all costs related thereto, including reasonable attorneys fees, arising by reason of the Grantee's occupancy of and operations within the easement area hereby granted. 6. Notwithstanding anything else set forth in this easement, the Town Council shall have the right to terminate this easement if it wishes to use the real property described herein for any public or quasi--public purpose upon the giving of written notice to the Grantee of such termination no less than ninety (90) days prior to the date of termination. Unless and until the Tawn so terminates this easement, this easement shall be perpetual and shall run with the land. Should such easement be terminated as above provided, such easement shall be deemed a nullity. N' + :~ ~ G~ IN WITNESS WHEREOF, the Town has set its hand and seal this 1(D day of ~.~~~ 1986. TOWN OF VAIL, a Colorado municipal corporation By~: , ~-°Paul R. -Johnston, Mayor yam: C'1 O AT'1'E$f : ;,, ..' ~~ , , .; ;~i ~:z~ ~ Pame,l ~ As,'' Brandmeyer, To C1 erk . ,,,i.,,4~,, STATE OF COLORADO ) ss. ' COUNTY OE EAGLE } The foregoing instrument was acknowledged before me this ~~ ~ day of _(~.L' (~E.'•Jit.~.4~. 1985 by Paul Johnston as Mayor and by Pamela Brandmeyer as Town Clerk of the Town of Vail, a Colorado municipal corporation. Witness my hand and official seal. My commission expires: MY ~ ~~~ ~$'_~ ~'~.+~ `~•a ~ • ' .•,. . .~~ ~ • ,, .~~y Notary Publ i c ~„ ~ ~~ ~~~ A '~ y ~ i .~ 1 ~~.~ ' , `a . +1 .~ J 'u~ •~ '~ '~ , , r,; ~: ~,,,• ', -z- J + 4 r 4 4 ^~ ~Xf11b7~ f~ _ r. 1 re:. - ! . ~;. - - ~i i'.' '~ ~K ~., 1 ~ r a~~s y ~ ::, R':a''v:4 e~ ! -,7. ?`~ - 5 r~• is i~~, ,# . 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This is ., . ,.. not the f'at~.lt o~ this aY~ios.! ... . ~. r .! } r, ~ ~ Y; ~ QUIT CLAIf~ DEEP THIS pEEp, made this ~~P~ day of ~~~~~/ I.986, between the TOWN OF VAIL, a Colorado municipal corporation, as Grantor, and the TEXAS TOWNHgUSE ASSOCIATION, a Colorado non-profit corporation acting as the attorney in fact for the owners of the Texas Townhouses more particu]arly described in Exhibit A, as Grantee. WITNESSETH, the Grantor, for and in consideration of the sum of one dollar ($2.00) to the Grantor paid by the Grantee, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and quit claimed and by these presents does remise, release, sell, convey and quit c7 aim to the Grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the described real property described in the attached Exhibit B. Subject to the following conditions, covenants, restrictions and reservations agreed to by the Grantee: 1. The Texas Townhouse Association shall be obligated to maintain the surface GO © of the vacated roadway and to keep it in gaud repair including, but not limited to, ,.. C asphalt paving, repair of gutters and roadbed and snow removal as shall be necessary to keep said roadway in good condition and repair and accessible to authorized pedestrians and vehicles at all reasonable times. No property described herein shall be used or occupied at any time for any purpose other than for limited motor vehicle ingress and egress to Grantee's townhouses for the sole purpose of parking, non-exclusive pedestrian and bicycle access and the location of appropriate Tandscaping, signage, walkways and placement of trash containers. 2. No property described herein shall be used or considered in determining the gross residential floor area or density that the Grantee would be entitled to under Town of Vail laws and regulations. 3. An easement twenty (20) feet in width whose center line approximates that of those portions of Gore Creek prive are shown in Exhibit B is hereby reserved unto the Grantor far emergency vehicle and fire access. The Grantee hereby agrees to pay for, install and maintain appropriate signs provided by the Town of Vail Fire department designating the easement as an emergency vehicle and fire lane. 4. Subject to Grantee`s rights to use said real property for the purposes described in paragraph 1 above, the Grantor hereby reserves a non-exclusive easement across that portion of the within described and granted property used for vehicular i ~ ~ ~._. ~ 4-,. ] parking and access for the purposes of public pedestrian and bicycle ingress and egress. Grantor further reserves a non-exclusive easement for the installation, maintenance, repair, and use of utility lines by utility lines by utility companies, public or quasi-public authorities. 5, At the westerly entrance of the property herein described, the Grantee shall provide and maintain a sign to advise the public that, subject to Grantee's right to use the property for the purpose of vehicular parking and access, that portion of said property used far such purposes is open to the public for pedestrian and bicycle ingress and egress. Phis sign shall be approved by the Tawn of Vail Design Review Board. 6. Should the Grantee violate any material restriction, condition, covenant or reservation of this quit c1 aim deed, the property shall revert to the Grantor, subject to Grantee°s right to receive notice of any such violation and be afforded an opportunity to cure same within a reasonable time. 7. Except as otherwise set forth herein, the conditions, covenants, etc., ~`+ a herein set forth shall run with the land and shall bind the Grantee, its successors and assigns; and all parties claiming by, through, or under it shall be taken to hold, agree, and covenant with the Grantor of said property, with its successors and assigns, and with each of them to conform to and observe said restrictions as to the use of the property. Upon a breach of any one of the conditions, covenants, restrictions, or reservations herein set forth, or the continuance of such breach, the above described property shall revert to the Grantor, subject to Grantee's rights as described in paragraph 6 above. 8. Each of the conditions, covenants, etc., set forth above sha71 continue and be binding upon the Grantee, upon its successors and assigns, and upon each of them and all parties and all persons claiming under them for a period of twenty (20) years from the date of this conveyance. 9. Invalidation of any of these conditions, covenants, etc., or any part thereof by judgments or court order shall in no wise affect any of the other provisions, which shall remain in full farce and effect, .~ TO HAVE ANO TO HOUR the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and c1 aim whatsoever of the Grantor, either in law or equity, unto the Grantee, its successors and assigns forever. _2_ ~. . ,~ ~ "N"' It IN WITNESS WHEREOF, the Grantee has hereunto set its hand and seal the day and year first above written, TOWN OF VAIL, a Colorado muni~jpa.l -c--e-rp.Qrati on B~ ~~ .~ p'auYR . ATTEST: y II~Z~.~~,jierk~"c, Pame1 a A. Brandmeyer, Towrfit~~j~ ~`"." _.' ,~~. y~ a STATE OF COLORADO ) ss. couNTY of EAGLE ) T e foregoing instrument was acknowledged before me this ~~ f~ day of _~.~ ~~.. 198& by Paul Johnston as Mayor and by Pamela srandmeyer as Town C]erk of the Town of Vail, a Colorado municipal corporation. Witness my hand and official seal. My commission expires : My Commladan Expiros Au& 28,1989 G7 ,,,~~,., R ,~,, . Notary Publ i c ~, ~pinrrpr ~ ~y ~~ ~ Address •, ~~ `~ ~'t~ ~ 1w~~~x r. > "rpv..g:~ ~~~ r, ..~~. Olarlc' , ~otoi Trio doaumo~~; #,e a,poor oop~r and . ~" `~~-'". rril~ not pho~ogir~ph w~Ii. ~ ~~R i~ ;;,~,'r~. ; :. ~:. ,rot tiha twit at thie~ oY~ioe. *' ~. .a .,~ '.1N ~ -~ u " exhibit B PARCEL. A A part of Carn Creek Drive, Vaii Village Fourth Filing according to the oap there- of recorded in the office of the Hagla County. Colorado, Clerk and Recorder, der- s cribed as failawst Beginning at a point on the northerly right-of-way trine of said Gare Creak Drive, said point also being the southwesterly corner of Lot 1. said Vail Village Fourth Filing; thence the following two courses along the northerly right-of-way line of Core Creak Drive;. (1) 8.73 feet along the arc of a curve to the right, having_a radius of 70.04 feet, a central angle of 07'08'24"~ and a chord Chat hears N58'S6' l5"Si 8.72 feet; (2) NS5'22'00"W 4.56 feet; thence, departing said northerly right-., afway, 534'38'00"I1 24.04 feet slang the westerly lino of said Vail Village Fourth Filing to thn centerlint of said Gore Creek Drive; thence the following two courses .along $aid centerline: (1) 555'22'00"B 4.56 feet; (2) 11.22 fart along the arc of a curvy to the left, having a radius of 40.00 feet. a central angles of 07'08'29", ' sad a chord that hears S58'S6'15"8 11.x1 feet; thanes departing said centerline. H27'29'31"8 20.gq feet to the poinC of beginning, containing 29l squart feet, Bore of leas. • • . •ihe map there- to prive,~Vsil.Yillage Pau~th Filing acco~rdiag . - • part of Gores Creek : of recorded in the office of the Hagle County. Colorado. Clerk and Recorder, dea~ " ~ ;,,., 4 . «;, ,,: .,~;. ~, ~' , cribed as follovst Eeginning at the southeasterly corner of Lot 9, said Vail Village FouYtb Filing; , - , thence 500'02'00"8 20.35 feet along the easterly line of said Vail Viilaga Fourth . Filing to the ctnterl.ina of said Core Creek Drive; thence the fallowing CVO courses aion said centerline: (l) 1i79'22'00^W 200.98 feet; (2) 26.48 feet along the era 1 l' ` g , 5 6 curva to the right. having a radius of 90.00 feet, a central angle of of a 31". and a chard that bears NTO°56'l4"51 26.39 feet; thence, departing said Center- liae H27'24`31"B 20.00 feet to the aortherl7 right-of-rah line oC said Gore Creek Drive; thence the following two caursea along said northerly right-of--way Lines: ~:; ~ (1) 2q.60 fact along the arc of a curve to the loft, having a radius of, 70.00 feet; " ' ' ~ S 20.52 fret; (2)• l4 S6 a central angle of ib'S1'31",.aad a chard that bears S70 ~ ~~' u T n G ^; a.feetw~ ing 4453 aq a &79'22'C?0"L 197.22 feat to the paint of beginning, contai ~ ~ •., w tiOle OI leas. .., ~ ~ ~ ~° -- ° ;-r!"i:;f ~i•r"' -, .. - .. .. BARGEE C A part of Cara Creek Drive, Vail Village Fourth Filing according to the xuap thera- i of recorded in the office of the Eagle Cauaty, Golarado, Clerk and Aecarder, dea- cribed as follows: Beginning at the sautheaaterly corner of said Vaii Village Fourth Filing, [hence N79°22'DO"S1 108.17 feet along tht southerly right-of-way line of said Gore Creek Drive; thence departing Bald right-oE-way line N10°38'00"E 20.00 feet to the cen- terline of said Gore Creek Drive; thence 579'22 b0"8 104.40 feet slang said cen- ttrline to the easterly line of said Vail Village Fourth Filing; thence 500'02' OO"$ 20.35 feet along said easterly lino to the point of beginning, containing 212b square feet. sore or leas, ' £AACE4 D A part of Gore Creek Drive, Vail Village Fourth Filing according to the map there- of recorded in the office of the Eagle County, Colorado, Clerk and Recorder, des-- cri.hed as follows: Beginning at a paint aq the southerly line of said Vail Village Fourth Fi11ng, said point being a paint of intersection of the southerly right-of-way line of ea id Gore Creek Drive and the easterly right-of way lfge of Chalet Raad, Pail Village Fifth l~iliag according to the map thereof recorded in the office of the Bogle County, Colorado, Clerk and Retarder; thence the fallowing two courses slang said southerly right-of-way line: (1) N79'22'04"W 96.58 feet; (2) 46.09 feet along. the arc of a curve to the right, having a radius of 110.40 feet, a central eagle of 24'00'00", and a chard that bears ;167'22'00"W 45.74 feet; thence, departing said .southerly right-of-vap line N34'38'00"E 20.00 feet to the centerline of sai3 Core Creak Drive; thence the following two courses slang said cenCerliat2 (1) 37.70 ftet~along the arc of a curve to tAo left. having a radius of 90.00 feet. a teat- ral angle of 24°00'00", and a chord that hears 567'22'00"8 37.42 feat; (2) 379' ~..~_F 22'OD"E 95.59 feet; thence, departing sofa centerlinn 510`38'00"W 20.00 feet sv.~~' the point of beginning. coatainia; 2769 agwra feet, sore or lase. ~, as surveyed tQ70~~~~~.u d5 platted} Q2erk' a Note: '~hi~ doaumgn~ f fs ~ poor Dopy aztfl ...._ _ rt~~.l riot photograph wall. 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