HomeMy WebLinkAboutVAIL VILLAGE FILING 5 TRACT F2 LEGALV*-l\JI%,T\ sT^,J Fz-
75 soulh lrontage road
vail, colorado 81657
(303) 476-7000
department ol publac works/lransporlsllon
MEMORAI{DIIM
TO: LARRY ESKWITH ,-r-i
FR0M: STAN BERRYMAN /'/-'
DATE: AUGUST 12,
RE: GOLDSN PEAK
1986
PARCSL 2, MAINTENANCE AGREEMEI{T
Attached ls the legal descrlptlon for Parcel 2 (bus curnaround) Ln GoldenPeak. Our concerns regarding the maLnCenance agreement are as follows:
l. Town of Vall will ucl-lLze area as a J-oading and unloadlng
point for buses.
2. Town of Va 1l- will provide snolr renoval on the existing
paved portions of roadway.
3. Town of Vall- wtll erect and natntain Town directory, bus
information, and trafflc dlrection sLgns.4. Town of Vall- will erect and maintaLn c roard control devices
(nazes) as necessary to facilitate loading.5. Val-l Associates w111 perform road maintenance (patching and
pavlng)1 curb and gutter repalr; and landscape naintenance.6. If Ehe pavement surface deteriorates and requires patching
and Vall Associates does not perform, the Town should have
Ehe power to patch the area and b111 Vail Associates. Thisprovlslon j.s necessary to prevent damage to snowplows and
buses because of potholes.
Please draft a naintenance agreement
any other Lnf ormatl-on.
SB/nJn
cc: Peter Prtt€n
for Parcel 2. Call me if vou need
LEGAL DESCRIPTION
Thac portlon of Tract F, vall Vlllage, Fifth Filing according to the rnap thereof
recorded l-n the office of ttt" Eagle County, Colorado, Clerk and Recorder and that
portlon of Tract B, Vail vtllage, seventh FiLlng according to the nap thereof
recorded ln the offlce of the Eagle County, Colorado, Clerk and Recorder, des-
crlbed as d whole as follows:
Beginning at the Dost northerly cormon corner of sald Tract F and said Tract B'
said potit also belng on the sbuthwesterly rtght-of-way llne of Vail Vall"ey Drlve;
thencl the followlng two courses along eaid rlght-of-way llne: (1) L64.79 feex
along the arc of . iZS.OO foot radius curve to the left, havlng a central-angle
of 5a"57t15r'and a chord that bears S49"21'30"E L59.77 feet; (2) 575"20'04"8
23.52 feet; thence departing satd rlght-of-way line S50o26r03"W 67.30 feet; thence
Ng5"49r13,,it 120.00 teet; tnlnce N04"i0'47"E 148.00 feetl thence S85o49r13"E 15.00
ieet; thence NO4o10t47"E 9.55 feer to the southsesterly right-of-way llne of Vall
valley Drive; thence along satd rtght-of-way llne 11.10 feet along^the arc of a
175.0b foot radius ".rtt" io the 1eit, havtng a central angle of 03o38103" and a
chord that bears S19o33t5Ot'E 11.10 feet, t,o the Point of beglnning, contalnlng
0.306 acres more or less.
The above descrlptlon Ls based on Parcel 2 as sholtn on sheet 2 of 2 of a mlnor
subdtvlsion plat for Golden Peak Ski Base and Recreatlon Dlstrlct Parcel prepared
by Uountain Engineering & Land Surveying Co., said ninor -subdlvislon plat has not
blen approved by the Town of VaLl and has not been recorded'
\ailAsg-s,hrc.
Creators and Operaton of Vail and Beaver Creek
November 16, 1984
Dear Ron:
The following is an attempt to review what we discussed..r will assume this is an ac"eplable direction unless r heardifferently from you over the next few weeks. we hope tomeet with the Recreation Board to finalize on the tenniscourt and bleachers in early December.
. Al a part of the Golden Feak project, VaiI Associatesyill pay for the bus turnaround;-however, \,ire plan to
o Asphalt instead of pavers, g30,OOO
' o Bus shelter, g20,000
'':o Control gates, $20,000
hope thi-s is consistent with ourforward to reaching an agreementwhereby we can move forward in
Sincerely,
HFlnk
Mr. Ron Phillips
Town of VaiI
75 S. Frontage Rd.Vail , Colorado 81652
vArr, Asy'ocrATEs, rNC.
' k\0tv'/\t\t l,Hatry FLampton
President
Post Of'ftce Box 7 . Vail. Colorado 81653 . {i0l)476-5601
lultn I llal
75 south lrontage road
vail. colorado 81652
(303) 4 76-7000
otlice of lhe tolvn manager
January 21, 1985
l4r. Harry Frampton,
Pres ident
Vail Associates, Inc.P.0. Box 7
Vai'1, Colorado 81658
Dear Harry:
As a result of the recent interest in the revised Golden peak project,I have reviewed your letter of liovenber 16 settjng forth your agreemenrpertaining to the bus turn-around. I have talked rvith Rod slifer andhe and i both recall the ainount a,oreed upon to use for the bus shelterand/or the contro'l gates to be S10,000.
l'le recall that you first offered s5,000 to be used for a shelter andgates, but after further discussion you agreed to ra.i se it to S10,000.I believe that is the only change to your letter in reference to ourprevious di scussion.
onda'll V. Phiiiips
Tor.rn llanager
RVP/j h
J,
TO:
FROM:
DATE
SUBJECT:GoIden Peak Subdivision Plat Matters
I recently received the final Golden Peak minor subdivisjon plats for
appropri ate Town of Vail signatures. 0n June 25, 1985 the CounciI addressed a
number of issues relating to the Golden Peak subd'i vision plat and directed the
staff to proceed as follows on these matters:
1. Vacate the remaining portion of an original ly platted cul de sac on the
north side of the Golden Peak parcel by an ordinance to be drawn up by
the Town Attorney.
2. Accept a quit claim deed from Vail Associates for Tract F2 (the existing
lower tennjs court site) wjth'l anguage restricting the use of the parcel
to the same as the exjstjng covenants only.
3. Have the language on the plat reflect the lack of ownership and overall
maintenance responsjbilitjes for Parcel 2 (bus turn-around area) on the
part of TOV until such time as the proposed improvements are constructed
and in piace.
4. Finalize an agreement for spec'ific maintenance responsjbilities on the
bus turn-around area untiI such time as it is improved.
Item I has been taken care of with the recording of the quit claim deed in
November, 1985. Item 2 needs to be addressed by Larry drawing up an ordinance
for the Council's adoption. Item 3 has been taken care of by reword'i ng of theplat language, and this is confjrmed w'i th Larry. Item 4 should be addressed by
Stan if it has not already been taken care of. I think the best way to hand'l e
these matters would be for us to get together and finalize these documents with
the Council at a work session. t.le should meet beforehand.
Please get back to me regarding your time peri ods for completing the ordjnance
and maintenance agreement.
Ron Phjliips, Larry Eskwith and Stan Berryman
Peter Patten
March 4, 1986
&
\AilAssociates,Inc.
Creators and Operators of Vail and Beaver Creek
November 16, 1994
Mr. Ron Phillips
Town of Vail
75 S. Frontage Rd.Vail, Colorado 81652
Dear Ron:
The following is an attempt to review what we discussed..r wirl assume this is an acceptabre d,irection unless r heardifferently from you over the next few weeks. we hope tomeet with the Recreation Board to finarize on the tenniscourt and. bleachers in early December.
. Al a part of the Golden peak project, Vail Associatesyilf pay for the bus turnaround;-however, we plan todelete the following items:
o Asphalt instead of pavers, 930,000
. Bus shelter, g20r000
. COntrol gates, $20,000
ir{iil
HFlmk
hope this is consistent with ourforward to reaching an agreementwhereby we can move forward in
Sincerely,
Post Office Box 7 . Vail. Colorado 51653 . (301)176-5601
vArL AS/OCTATES, rNC.
t tt - ul'
l(\0Jv" l\
Hatry Ftampton
President
75 south fronlage road
vail, colorado 81657
(303) 476-7000
January 15, 1986
K'i t Cowperthwai te
Pendleton and Sabian, PC
17th and Grant Building
Suite .l000
303 East lTth Avenue
Denver, Colorado 80203
Re: Tract F-2 Conveyance and Gore Creek Drive Street Vacation
Dear K'i t:
I apologize for the confusion over the acceptance of the deed for Tract
F-2- I was not aware of the intentjon to proceed w'i th recording the deed
when I wrote you my November 19th letter. Upon my return from my vacation
I found your November 26th letter indicating your desire to move forward
with the necessary documents required for vacating Gore Creek Drive. In
fo1 lowing up on this, we held a discussion yesterday at our
i nte rdepa rtme n ta'l meeti ng.
Basically, as a staff we have no problems with the street vacation but
would request that the following jtems be addressed within ihe documents
vacating the street:
'l . Maintain a minimum 20 foot width for fire vehicle access.
2-Investigate the Iocation of al I uti'l ities in the street and
include appropriate easements for the respectj ve utility
compan i es.
Present a site plan for the north end of Tract F-2 where you
have previously indicated your desire to expand your park'i ngarea. We can then review the plan and make recommendations.
Appropriately amend or cance'l the existing snow remova'l
agreement with the Town.
background information you will be able to begin drawing up the
documents to accompl ish the goals for this area. I am sure you
't.
With this
necessary
wiII be working
these documents
Talk to you s
Si ncerely
for the purpose
get them to Town
of drawing up and reviewing
Council as soon as possible.
with Larry
so we can
Di rector
APP: bpr
Patten, Jr.
of Community Devel opment
Larry Eskwi th
Peyton F. Perry
_!_
li .t t,
L;2
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lnwn n l|tl
75 south fronlage .oad
vail. colotado 81657
(303) 476-7000
January 15, 1986
K'i t Cowperthwai te
Pendleton and Sabian, PC
17th and Grant Building
Suite 1000
303 East lTth Avenue
Denver, Colorado 80203
Re: IfCqt E:2 Conveyance and Gore Creek Drive Street Vacation
Dear Kit:
I apologize for the confusion over the acceptance of the deed for TractF-2. I was not aware of the intention to proceed with recording the deed
when I wrote you my November 19th letter. Upon my return from mJt vacationI found your November 26th letter indicating your desire to move forward
with the necessary documents required for vacati ng Gore Creek Drive. In
following up on this, we held a djscussion yesterday at our
i nterdepartmental meet i ng.
Basical ly, as a staff we have no problems with the street vacation but
would request that the following items be addressed within the documents
vacating the street:
l. Maintain a minimum 20 foot width for fire vehicle access.
z.
3.
Investigate the location of all utilities in the stneet andjnclude appropriate easements for the respective utility
compan i es .
Present a site plan for the north end of Tract F-2 where you
have previously indicated youn desire to expand your parking
area. lde can then review the plan and make recommendations.
Appropriately amend or cancel the existing snow removal
agreement with the Town.
background information you wi'll be able to begin drawing up the
documents to accomplish the goals for this area. I am sure you
4.
tllith this
necessary
will be working
these documents
Talk to you
Sl ncerel y
with Larry for the
so we can get them
purpose of dnawlng
to Town Council as
up and reviewing
soon as possible.
Di rector
Patten,.Jr.
of Comunity Devel opment
APP: bpr
cc: Larry Eskwlth
Peyton F. Perry
Recoraeaat- I -o'clock--t,
-j-*""r*.
Rece ption No-=-=--
RECORDER'S STAIIIP
THrs Deno,Made this 3lst dayof October lqQq
between ASSOCIATES, INC., a Colorado corporation
ofthe County of Eagl e and st:rte of
TOWN 0F VAIL, a ColoradoColorado, of the first part, and
munlcipal corporatl-on
whose legal addre ss is 75 South Frontage Road West
Vai1, Colorado 8L657
and s tate ofof the County of Eagle
Colorado, of the second part,
WITNESSETH, That the said parte of the first part, for and in consi(leration of the sum of
---voLLARE|Ten Dollars and other good and valuabLe cons id erat ion-----
to the said parqr ofthe first part in hand paid by the said partSr of the second part. the receipt whereof
is hereby confessed and acknowledged, ha remised, released, sold, convet'ed and QUIT CLAIMED' and by these
presentsdoesremise,release,sell,conreyandQtllTCLAll\tuntothesaitlpart y of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part
has in and to the following described lot or parcel of latld situate, lying and being in the County
of Eagle and State of Colorado, to wit:
i'I'I
Tract F-2, Vail Village Fifth Flling, County of Eagle' State of Colorado'
accordlng to the recorded plat thereof; upon the exPress condition
(a) that the property be used solely as publLc open sPace' -parking or
for public rlcreational facllitles' parks or playground uses;
(b) that no pemanent above-ground buildings or structures other than
those used for recreatLonal purposes shall be constructed, located
or maintained on any porEion of the Property.I
I
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No Exchange of Money - No Documentary Fee
hhh /.1,1'l' I t{ {tl, f {t /,l,lt l'/' l,t,l'l
TO HAI'E AND TO HOLD the same, tolaeth(.r with all and singular the apt)urtenances and privileges thereunto
belonging or in anyrvise theretrnto appertaining, and all the estate, riglrt, title, interest and claim wlratsoever, of the
said party of the first part,either in la\ orequity, to the onll- proper use. benefit and behoof of the said party of
thesecondpart, its heirs and assigns forever, subject to the conditions stated herein.
IN WITNESS fTHERFIOF. Tlre saitl p:rrty ofthe first p rt has hereuntoset itSlrand
and seal the day anrl J-ear first above \! ritten.
yAI L, As s_o c IAT_ES.,... I i,{.c_._ r _ . ___t s E A L }
SEALI
SEA LI
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ISTATE (Jt cqLoRADo,
tqF.1lr
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rg 85,bv. Harry H. Frampton, TII as President and Jean A. Dennison as Assistant
Secretary of Vail Associates' Inc., a Colorado corPoration'
My comntission e *pir""$2ntm#E a4 'BU . witness nry ltarrd antl official seal.
i es id ent
Xo.Sll. QtrT fl- l l \t Drt:D.- Brad tord Pubt'r h ins. lt I65 w.sr 4a,n ^".*.. Oo-,i.". ao "r"o. ro.n, - ,rr, 4rt.0644 - 8.80
Cft.\l{LES H. cowt'ERt-HwAlTE
Mr. Rondall V. Phillips
Town Manager
Town of Vaif
75 So. Frontage Road
VaiI, Colorado 81657
Re: Tract F-2 Conveyance
- Dear 'Ron:
PENDLETON 8 SABIAN, P.C.
ATTORNEYs AND COU\SELORS AI L.\\('
SEVENTEENTH AND CR"{NT BU ILDIN(,
5U ITE IOOO
3O3 EAST SEVENTEENTH AVENUE
DENVER. COLOMDO SO2O3
November II, I985
TELEPHONE: (3O3) 339-1204
TELECOPIER: (3O3, 331-0786. TVX: OIO-931-OaO7
'.
I have just reieived a copy of the Quit Claim Deed dated
October 31, 1985 conveying Tract F-2 to the Town of Vail and
assume that the Deed has by now been accepted.
With this first step having finally been accomplished, we
would like to begin discussions regarding the following:
I. Vacation of the Gore Creek Drive right-of-way coupledwith appropriate easement and maintenance agtreements to be workedout between The Town and the adjoining property or^/ners.
2. Vacation of a1l or a portion of Chalet Road in a manner
with Gore Creek Drive.
3. Respecting that portion of Tract F-2 outlined on the
attached sketch, provide a permanent solution for the Texas. TownhouseAssociation and its parking requirements, recol1nizing that thisarea has been used in this manner virtually since the improvements
were built in this area.
I shall look forward to working with you or anyone you designatein order to help accomplish these ends.
Very truly yours,
CHC: do
cc: MrJ- Peyton F. Perry
\)'G. Peter PattenLarry Esk$rith, Esq.
Charles H. Cowoerthwaite
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CHARLES H.
A. Peter Patten, ilr.Director of Community Development
Town of Vail
75 So. Frontage Road
Vail , Colorado 81657
Re: Golden Peak Subdivision Plat
Dear Peter:
Thank you for your J-etter of September 27, 1985 regarding
your review of the Golden Peak Subdivision plat which also
addressed the Tract F-2 conveyance. In connection with the
deed restriction language you have requested from Joe llacy,
I would appreciate being kept involved to the extent that I
can provide useful input from the standpoint of the neighbor-
hood.
Very truly yours,
Cowperthwaite
CHC: do
cc: Peyton F. Perry
PENDLETON 8 SABIAN. P.C.
ATTORNEYS AND COUNSELORS AT LAW
SEVENTEENTH AND GMNT BUILDINC
surrE tooo
3O3 EAST SEVENTEENTH AVENUE
DENVER. COLORADO AO2O3
October 3, 1985
TELEPHONE: (3O3) 439-1204
TELECOPIER: (3O3) 831-0786
TVX: 9lO-931-OzO7
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TO:
FROM:
DATE;
Ron Phi I I ips, Larry Eskwith
Peter Patten
June .l0, .1985
SUBJECT: Work Session Tape of Town Council Discussion of Tract F-2
Kit cowperthwaite appeared before the council on October 9, l9B4 to requestthat the Town deed to the Texas Townhouses Association a portion of Tract
F-2 and place restrictions on the deed that would ljmit the height and sun
blockage to the Texas Townhome Association.
Eskwith felt that the Texas Townhomes Association would have to have an agreementin advance with the individual owners that the transfer of real estate beto the Townhome Association and not to the individual owners.
Cowperthwaite also mentioned that after th'i s deed was compieted, they would
then proceed to attain from the Town, Gore Creek Road and Chalet Road. Eskwithfelt that first an agreement would have to be attained from All Seasons and
from vail Associates, that the TOv would have no choice but to deed part toAll Seasons and part to Texas Townhome Association.
Peter Patten stated that with the redevelopment of Golden Peak, VA agreedto relocate one tennis court next to the two on Chalet Road and leave a 17foot emergency access. (The TOV would lease back to the VI4RD the space fora tennis court, and this would rsnai n a recreation area by deed. ) Patten
could see an obv'ious conflict with Cowperthwaite's request because the emergency
access would be blocked. He felt that the deed restrictions would have to -
be very well defined to allow the third tennis court with fencinq and wind
screens as wel 1 as parking landscaping.
Eskwith suggested that VA, Cowperthwaite and he get together and work on atentative agreement and come back to council at a night sess'ion with a final
deed for formal approval .
The above suggests a conceptual agreement regarding deed restrictions wasreached. This was based upon the knowledge at the-time that a third tenniscourt wruld be located there and that there was no thought of alternat'ivelong range uses of the site (i.e. the Village Master plin had not begun).
VA's reluctance to deed over the land without restrictions is based upon tfrefear the Town would eventually se1 I the parcel to developers and, to I certaindegree, upon discussions which occurred duri ng the Golden Peak Re-developmentproject with the neighborhood organization (not the Town).
Jl lt.important to note the existing covenants already restrjct parcel F-2.Ine attempt IS to become more restrictive than the existing covenants byremoving the ability to park on the sjte.
o
MEMORANDUM
T0: Town Council
FR0M: Larry Eskwith -'-
DATE: June 12, 1985
SUBJECT: Vacation of Street to Vail Assoc'i ates and Restrictions
on the Transfer of Tract F-2
The appropriate way to provide for the transfer of the cul-de-sac on
Vail Val1ey Dri ve from the Town of Vail to Vail Associates is by vacating
the roadway through an ordinance passed by the Town Council. 43-2-302 (b)
C.R.S., as amended, provides that "in the event that less than the entire
width of a roadway'i s vacated, title to the vacated portion shall vest in
the owners of land abutting such vacated portion", 43-2-303 (t) (a) provides
that "the City Council or other sjmilar authority of the city or town by
ordinance may vacate any roadway or part thereof located within the corporatelimits of sajd city or town, subject to the provisjons of the Charter of such
Municipai corporation and the constitutjon and statutes of the State of Colo-
rado".
In regard to restrictions on the transfer of Tract F-2 from Vail Associates
to the Town of Vail, Kjt Cowperthwaite appeared before the Town Council on
0ctober 9, 1984 and requested that the Town deed to the Texas Townhouse As-
sociation a portion of Tract F-2 and olace restrictions on the deed to be
received from Vail Associates whjch would l'imit the height and sun blockage
to the Texas Townhouse Association. No specific restrictions were agreed upon
between Cowperthwaite and the Town Council. I suggested, at the meeting,
that Vaj'l Associates, Cowperthwaite and myself get together and work on a
tentative agreement and come back to the Council at an evening session wjth
a final deed for formal approval.
A review of the presently ex'i sting protective covenants on Vail Vi11age,fifth fi:l ing, renders the questjon of restrjctions somewhat moot. Paragraph
2.4 of Protective Covenants which were recorded in 1965 provides the follow-
i ng:
"Tracts A, E, F, F-L, F-? and G shall be used as open areas or for recreational
uses, 'i ncluding parking. flo permanent above ground buildings other than
buildings used for recreational purposes shall be constructed or maintained
on any of such tracts." Clearly there are already substantial restrictions
on the use of Tract F-2.
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C}IARLEs H. COIVPE RTHVAITE
PENDLETON 8 SABIAN, P. C.
ATTORNEYS AN D COUN5ELOFJ AT LAW
SEVENTEENTH AND GRANT EUILDINC
sutTE tooo
3O3 EAST SEVENTEENTII AVEN UE
DENVER,COLOMDO 80203
TELEPHONE: Go3) 439-1204
TELECOPIER: (3O3! a3FO786
T\vXgtO-931-0407
April 24, 1985
Mr. Larry Eskwith
Town Attorney
Town of Vail
Municipal BuildingVail, Colorado 81657
Re: Texas Townhouse Association - Tract F-2
Conveyance
Dear Larry:
I have heard nothing from you or anyone else relative to myletter of March 8, 1985 with which I enclosed what I thought tobe the final draft copy of the Warranty Deed. I enclose a copyof this letter for your reference.
Please let me know when this conveyance has been completedin order that we may proceed to start discussj.ng the abandonment,
issues.
Very truly yours,
Charles H. Cowperthwaite
CHC:do
Enclosure
cc: Pete Perry
Den Corcoran
w.{eXer Patten
Joe Macy
CHART.Es H. COVPERTHVATTE
PENDLETONSSABIAN,PC.
ATTORN€Ys AND COUNSELORS AT LAV
5EVENTEENTTI AND CRANT BUILDINC
sutTE to@
3O3 EAST SEVENTEENTH AVEN UE
DENVER,COLORJ\DO E@O3
Irlarch 8, 1985
Mr. Larry Eskwith
Town Attorney
Town of Vai.l
Municipal BuildingVail, Colorado 81657
Re: Texas Townhouse Association - Tract F-2
Conveyance
Dear Larry:
Enclosed find a copy of the final .draft of the Quit Claim
Deed between Vail Associates, Inc. and The Town of Vail relatingto the conveyance of Tract F-2, Vail Village Fifth Filing.
Somewhat reluctantly, we have agreed to delete any limitation
on the height of the bleachers, believing that it would not beconsistent ltith our prior negotiations to have bleachers erectedin this area which would substantially exceed in height thosethat are presently there. Nonetheless, and in the spirit of
cooperation with the Town, rde are willing to accept conveyancewith these restrictions with the expectation that the Townwill be sensitive to the feelings of the surrounding property
ortners if and when consideration is given to erecting a neltset of bleachers
On the assumption that this document is now ready to besigned, delivered and recorded, I am forwarding the originalto Joe Macy with the request that it be signed on behalf ofVail Associates once you have confirmed its acceptabiLity with
Joe.
I will be out of state until March 20, 1985 but would
hope-that this matter would be behind us by that ti:ne inorder that you and I can proceed with the abandonment issues.
Thanks for your continued cooperation.,
Very truly yours,
Charles H. Co\'tperth$taite
CHC:do
Enclosurecc: Pete Perry
Dan CorcoranPeter Patten
Joe llacy
\r
CHARIIS H. CoIVPERIHVAITE
PENDLETON 8 SABIAN, P. C.
ATTORNEYS AND COUNSEI.OL' AT LAW
SEVENTEENTH AND CRANT BUILDINC
sutTE tooo
3O3 EAST SEVENTEENTH AVEN UE
DENVER.COLOMDO E@O3
TE LEPHONE: €O3) E39-t204
TELECOPTEtu (3031 a3t-o7a6
TVX€lO-931-0407
February 25, 1985
Mr. Irarry Eskwith
To$rn Attorney
Town of Vail
Municipal Building
Vail, Colorado 8f557
Re3 Texas Townhouse Association - Tract F-2 Conveyance
Dear Larrys
In connection with the conveyance of Tract F-2 frorn Vail
Associates to The Town of Vail, I enclose a copy of the OuitClaim Deed which has been revised to incorporate the language
discussed between you, Peter and myself. You will recall our
having discussed making provision for bleachers on the property,
however, we did not focus in on any precise height limitations.
I have accordingly inserted the figure of six feet, feeling thatthis would be entj.rely adeguate for purposes of this location,
recognizing, of course, that our inteqest has always been to
guarantee the safeguarding of views frbm the Texas Townhouses
toward the Golden Peak area.
Anticipating that we should be close to agreement on theseconditions, I have forwarded the original of the Quit Claim Deed
to Joe Macy in order that Vail Associates may act upon it oncethey receive the go ahead.
Please call at your earliest convenience this week in orderthat I may know how we stand on this. Following approval by
the Town Council and acceptance of this conveyance, I would liketo initiate immediate discussions with you to move ahead on the
Gore Creek Drive abandonment and conveyance of the Tract F-2
segment with which to complete the Texas Townhouse parking area.
While I dislike the idea of processing a minor subdivision of thisarea, it appears to be our only alternative. Since the area
involved will be owned by the Town following the Tract F-2 con-
veyance and Gore Creek Drive abandonment, could I ask you to put
this into process. I, in turn, will begin to put together the
easement agreements we will need with respect to Gore Creek Drj.ve.
l'o
Page 2
February 25, 1985
Regarding the overall height issue, please feel free to
diecuss this with Dan. The elevations and reference points
erere obtained fron him.
Very truly yours,
Charles H. CowPerthwaite
CHC: do
Enclosure
cc3 Pete Perry
Dan CorcoranPeter Patten
Joe Macy
PENDLETON 8 SABIAN, P. C.
l
ilI'
Recordcr.
QUIT CLArr\! DEED
THIS DEED, Made this day of ' le 85
a Coloradobetween VAILr ASSOCIATES, INC. ,Corporation
:(xald< x6a0n+llt r6lraro{:p6K
XXfXaO,granror{s),and TOWN OF VAIL, a Colorado
municipal corporation
whose legal address is 75 South Frontage Road West
Vai1, Colorado 81657
of rhe Counry of Eag 1e and State of Colorado. granlee(s).
rl WITNESSETH. That the granror( s). for and in consideration of the sum of
lTen Dollars and -other good and valuable consideration XS6X}NIX
l] thc rcceipt and sufficiency of which is hereby acknon'ledged. ha S rcmised. released, sold. conveyed andQUITCLAIMED. andbl'
ll fhar" presents doOS remise. rclease. sell. conyey and QUIT CLAIII unto the grantee(5). itS heirs. successors and an:igns.
li forever, all the righr. tirle. inreresr. claim and demand which rhe grantor(s) hElS in and to thc rcal propeny. together $ith
: improvements. ifany. situate. lying and being in the Counl) ol Eagle and State of
ir Colorado. described as follows:
Tract F-2, Vail Vi.llage Fifth Filing, County of Eagle, State ofColorado, according to the recorded plat thereoft upon the expressr condition (a) that the property be used solely as open space or fori recreationaL park or playground uses; (b) that, excepting for tennis' courts, tennis fences on which semi-transparent wind barriers may be,, Placed, bleachers not exceeding six (6) feet in height, customaryoutdoor park and recreational equipmenL and landscaping, no perma- l
i nent aboveground improvements shall be constructed or maintainedon the property, including, but not limited to a tennis bubble; and
i1 (c) that no improvement whatsoever be constructed or maintained on
]i tne property that would exceed in height an elevation of 8,195.5
11 feet above sea level , being the height of the presently existingil tennis court fence on the property, such elevation being based upon
, the Upper Eagle Valley sanitary se\4/er as-buitt centerline invertelevation for Manhole Number 19, being equal to an elevation of8,L74.1 feet above sea level .
also known by slreet and number as: ll
' TO HAvE AND TO HOLD rhe same. rogerher \4irh all and singu]ar the appunenances and privileges thereunto belonging or rn
anywise thereunto appertaining. and all the estate, right. title. interest and claim whalsoever. ol the grantor(s ). either in law or equity. to
the only proper use, benefit and behoof of the granree(s). its heirs and assigns forever subj ect to the *
lN WITNESS WHEREOF. The srantor(s) ha S executed this deed on the date set fonh above.
*conditions stated herein.VAIL ASSOCIATES, INC., A
Colorado corporation
By
RI'CORDER'S
Vr.ce PresLctent
STATE OF COLORADO.
count) of Eagle
The foregoing instrument \r'as ackno$'ledged before me in the
I
} SS.
l
Countl of Eagle
day of . le85 .Srate of Co lorado . this
uy Charles I. Madison as Vice President and ;Iean A. Dennison as
Assistant Secretary of Vail Associates, Inc., a Colorado corPoration.
My commission expircs 19 . Witness my hand and official seal.
Not r). hbircP. o. Box 7, Vail, CO 81658
*If in Denrcr. insen "Citv and."
No. 933. Rer. l-t4. QtTf CLAIM DEED Br.dford h,bhsbmg. 58:5 \\ 6lr| At... L.lc*ood. co Eo:lr - r-r0l) :13-f'9o0
il:;l;:"'l,-O- --_-
OUIT CI-AIII DEEI)
Tllls I)[':ED. tl;rlc rhis d:r\ ol September . tq B 4
hroecn VAIL ASSOCIATES, INC. r a Colorado
ri,.-\rni.1ra+ i.1n
l--C--;;";
RT]CORI)ER'S S'I',\N'P
Jolt rix xot
.i
f,'I e s t'
.rnrl Strtc 0l Colrrfirdrr. trunlec(sl.
xo( )tlx
X0{ fi xo{o( .Jrxnt(trr. r. rnd
XXrx!t x!(
TOWN OF VAIL, a Colorado
rnunicipal corpo rat ion
rr h,'.c lcSlrl ;t(l(lrc\\ I\
rrl thc
75 South Frontage Road
Vail, Colorado 81657
Crrunlr rrt Eag Ie
\\'lfNl:SSE]'H. Tllrt th(' rrantor{\). l()r rnd in etrntidcr.tllrtrt (tl lhc \urrr t)l
Ten Dollars and other good and vaLuable consideration-------XxxXA0ls
rhc r(ei1l)t iind \uttictcnr\ rrl *hie h i:, hcrcb-r ire Inrru lcd$cd, hil S rcttttscll. rcl:lse'tj. sold. conrct'cd and Qtjl'I CLAINlIt). lnd bl
rhcsc prc:cntr tlrr rcnrisc. rclcrsc. scll. convr.'\'and QLIIT CL.{l\1 unt,t thc rritntce(s). ItS hcirs. :ucccsstrrs and lssigns.
lirrcrcr. .rll thc rrr:ht. lillL'. lntcrc\1. clrir|l lnrl dL']und \\hr'Jl1 lllc -!.:rirnlorls) hJ S itl und t() thc rcll prrrpenr'. toSethcr $'ilh
Inrpr(r\cnlcnl\. iI irn\. silualc. lling and f't'ing in tht'
( ol!)rrd(r. dc:erihcrl as lrlllous:
C.runt\ ol Eagle
Tract F-2, Vail Village Fifth Filing, County of Eagle, Stateof Colorado, according to the recorded plat thereof; upon the
express conditi-ons (a) that the property be used solely as open
space or for recreational uses; (b) that no permanent above-
ground improvements shall be constructed or maintained on theproperty, incl-uding, but not limited to a tennis bubble; (c)
that no structure, wa11, barricade, landscaping or other im-
provement or modification that woul-d create a greater visualbarrier than presently exists on the property be constructedor maintained; and (d) that no improvement whatsoever be con-structed or maintained on the property that would exceed inheight that of presently existing improvements. If the property
shaIl ever be used for other uses than those permitted herein,then che party of the f j.rst part, its successors and assigns,
may reenter and repossess the property as of its former estate.
xxli lix.xNx xx.x xxxlil*xlxx
'I() ll..\\'l: ,\Nt) 1'O llOLl) thc srnrc. r{)-!('rhcr urth rrll antl srn-rular lhc rppurtcnancc\ and prrvilegcs thcrcunlo belonging or rn
:'n\\^I\c|l]crcunlolp1^-rtirining.JndJIlth!'c\til|c.right.tir|c.lnlCrcslitndc|a||ll\\'hJls()cvcr.()|.lhcrJnl()r(s).
thc rrnlt propcr usc. bcnctit und br.'hrxrf ol lhc ltranlr'c(s). itS hctrs itnd assigns fr.rrcvcr; Sub jeCt tO thg*
l\ \\'l-fNESS \\'ltEREOF. Thc grant,rnst hr S c\(-ctrtcd thts tlccd on lhc dul!'scl lrrrlh aborc.*conditions stated herei-n.
VAIL ASSOCIATES, INC. , A
Colorado corporat ion
By
ST.\TL ()F COL()RADO.
und Statc of
1
It\\I
)( ,rr.:ntr rtl Ea g 1e
I hi l,,rc!,ilnr rn\tru'lrdnl qJ\ J!ln($ icd!.J trcf(trc rn!' rn thc Count! of Ea q Ie
F}EsfaEnt
CHARLES H. CO\O/PERTH\7AITE
PENDLETON 8 SABIAN. P.C.
ATTORNEYS AND COUNSELORS AT I,A\I(/
SEVENTEENTH AND CRANT BUILDINC
sutTE tooo
3O3 EAST SEVENTEENTH AVENUE
DENVER. COLOMDO AO2O3
TELEPHONE; (3O3) 439-1204
TELECOPIER: (3O3) A3l-0286
TWX: 9lO-931-O4Oz
November 26, 1985
Mr. A. Peter Patten, Jr., Director
Community Development Office
Town of Vail
75 So. Frontage RoadVaiI, Colorado 81657
Re3 Tract F-2 Convevance
Dear Peter:
Thank you for your November 19, 1985 letter. I am somewhat
confused by your statement that the Tract F-2 deed has not been
accepted by The Town since I have been informed that a deed conveyingthis tract from Vail Associates to The Town was recorded NovemberIzt 1985 in Book 429 at Page 619 of the Eagle County public records.
Be that as it may, we would like to begin working with Larry
on the Gore Creek Drive right-of-way vacation and by copy of
be ce rve have this,
begin preparation of the agreements to be circulated among
Thanks again for your letter and I look forward to hearingfrom you or Larry in the very near future.
Very truly yours,
CHC: do
cc: Mr. Ron Philli-psLarry Eskwith, Esg.Mr. Peyton F. Perry
L.
the af f ected property or'rrners.
Charles rthwaite
75 south frontage .oad
Yail. colorado 81657' (303) 476-7000
November 19, 1985
Kit Cowperthwaite
Pend'l eton and Sabian, P.C.
17th and Grant Building
Suite ]000
303 East lTth Avenue
Denver, Colorado 80203
Re: Tract F-2 Conveyance and other matters
Dear Kit:
otflce of communlly development
I received a copy of your letter to Ron Phillips regarding the conveyance of
Tract F-2 to the Town of Vail. The deed has not been accepted to date because
we have previously comm'itted to addressing the acceptance of Tract F-2 and
signing the final subdjvision plat at the same time. We are currentiy awaiting
the arrjval of the signed subdjvjsion plat from Vail Associates' banks. It is
expected that this should come jn within the next week or so. Upon receiving
the plat, we will proceed to obtajn the appropriate signatures and record it.
I will be leaving the country beginning November 26 untjl New Year's Day for atrip to the South Pacifjc. In preparation for my absence I have briefed Tom
Braun on some of the matters relating to Tract F-2, the final subdivision plat,
Chalet Road and the Texas Townhouses parking situation. However, I believe
Larry Eskw'i th should be your pri ncipa1 contact whjle I am gone in working with
you and Stan Berryman on the vacation of Gore Creek Drive right-of-way and the
necessary easement and maintenance agreements.
Concerning Chalet Road, the Town of Vail has no plans of our own for this area.
As you wjll recall, we worked with Vail Associates and the surrounding
ne'i ghbors to agree to a plan to vacate Chalet Road and narrow it to a walkingpath/fjre lane upon the construction of the Golden Peak redevelopment project.
This work will be at the exDense of Vai'l Associates and not the Town of Vail.
This does not prevent us from beginning to address an overall "master plan" for
the northern end of Chalet Road and Tract F-2. If you wish to begin work on
thjs immediately, I would suggest you contact Larry on Tom to make the
appropriate arrangements.
A1 though this process has not moved as fast as either you or I would have
1iked, I feel that we are now making progress toward solving some of these long
standing problems for all of us involved. Ichoice I would eljminate Paragraph B on thereluctant to reopen the issue at th.i s point
my feelings on that marter.
will mention that if I nad my
Tract F-2 quit claim deed, but I am
i n ti me. I bel i eve you i.rnCer"stand
I look forward to working with you and the neighborhood toward finalizing theplans for this area upon my return.
Very cere I y,
. Peter Patten Jr.
Community 0evelopmentDi rector
APP: bpr
cc: Ron Phi l l ips
Larry Eskwith
z{om Braun
Peyton F. Perry