HomeMy WebLinkAbout2012-15 Approving the Conveyance of a Portion of the Real Property located at 75 S. Frontage RoadRESOLUTION NO. 15
SERIES 2012
A RESOLUTION APPROVING THE CONVEYANCE OF A PORTION OF
THE REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD,
VAIL, COLORADO (THE TOWN HALL PROPERTY) FROM THE VAIL,
COLORADO, MUNICIPAL BUILDING AUTHORITY AND ACCEPTING
SUCH PROPERTY
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, currently, the real property located at 75 South Frontage Road, Vail,
Colorado, more particularly described in Exhibit A, attached hereto and incorporated
herein by this reference (the "Property"), is owned by the Vail, Colorado, Municipal
Building Authority (the "Authority"), a Colorado non-profit corporation;
WHEREAS, the Authority was originally incorporated in 1970, and then again in
1985, with the purpose of financing the construction of Town facilities on the Property;
WHEREAS, pursuant to Article III, Section 3 of the Authority's Articles of
Incorporation, the Authority is only authorized to convey real property to the Town once
any outstanding debt on such real property is fully satisfied;
WHEREAS, pursuant to Article XI of the Authority's Articles of Incorporation, all
property of the Authority must be conveyed to the Town and to no other party;
WHEREAS, in 1985, in accordance with Article III, Section 3 of its Articles of
Incorporation, the Authority conveyed the other half of the real property located at 75
South Frontage Road, Vail, Colorado, to the Town, because the outstanding debt on
such property had been fully satisfied;
WHEREAS, similarly, all outstanding debt on the Property has been fully
satisfied;
WHEREAS, in accordance with Article III, Section 3 of its Articles of Incorporation
and pursuant to Resolution 2012-1, Series 2012, the Authority conveyed the Property to
Town by special warranty dated March 22, 2012. The resolution and the deed are
attached hereto as Exhibit B, and made a part hereof by this reference; and
WHEREAS, the Town Council wishes to approve such conveyance and accept
the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
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1. The Town Council hereby approves the conveyance of a portion of the
real property located at 75 South Frontage Road, Vail, Colorado, more particularly
described in Exhibit A attached hereto and incorporated herein by this reference, and
accepts such property on behalf of the Town.
INTRODUCED, PASSED AND ADOPTED AT A REGULAR MEETING OF THE
TOWN COUNCIL OF THE TOWN OF VAIL HELD THIS�° DAY OF APRIL, 2012.
ATTEST:
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or ei Donaldson, Town Clerk
Andrew P. Daly,
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EXHIBIT A
Property Address:
75 S Frontage Rd
Vail, Colorado 81657
County of Eagle, State of Colorado
Legal Description:
PARCEL 1:
A PART OF THE SOUTHEAST QUARTER OF SECTION 6 TOWNSHIP 5
SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
EAGLE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6
THENCE NORTH 00 DEGREES 28 MINUTES 16 SECONDS WEST AND
ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 72.75 FEET TO A
POINT, SAID POINT BEING 110.00 FEET NORTHEASTERLY FROM THE
SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 AS
MEASURED AT RIGHT ANGLES THERETO; THENCE NORTH 79 DEGREES
46 MINUTES 11 SECONDS WEST AND ALONG A LINE PARALLEL TO SAID
SOUTHEASTERLY RIGHT OF WAY LINE 145.50 FEET TO THE TRUE POINT
OF BEGINNING; THENCE NORTH 16 DEGREES 08 MINUTES 47 SECONDS
EAST, 63.50 FEET; THENCE NORTH 72 DEGREES 03 MINUTES 02
SECONDS WEST, 226.70 FEET; THENCE NORTH 68 DEGREES 08 MINUTES
34 SECONDS WEST, 201.00 FEET; THENCE NORTH 66 DEGREES 43
MINUTES 48 SECONDS WEST, 164.39 FEET; THENCE CONTINUING ALONG
THE AFORESAID COURSE 238.00 FEET; THENCE SOUTH 25 DEGREES 53
MINUTES 00 SECONDS WEST, 47.79 FEET; THENCE SOUTH 41 DEGREES
24 MINUTES 53 SECONDS EAST, 183.50 FEET TO A POINT OF CURVE;
THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 197.40
FEET, A CENTRAL ANGLE OF 30 DEGREES 47 MINUTES 4 SECONDS, AN
ARC DISTANCE OF 106.10 FEET; THENCE SOUTH 72 DEGREES 12
MINUTES 37 SECONDS EAST, 183.50 FEET TO A POINT OF INTERSECTION
WITH THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 SAID
LINE BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT
ANGLES THERETO; THENCE SOUTH 79 DEGREES 46 MINUTES 11
SECONDS EAST AND ALONG SAID NORTH RIGHT OF WAY LINE 397.56
FEET TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY
DESCRIBED IN DEED RECORDED JULY 14, 1971 IN BOOK 221 AT PAGE 6.
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Exhibit B
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VAIL� COLORADO, MUNICIPAL BUILDING AUTHORITY
RESOLUTION NO. 2012-1
SERIES 2012
A RESOLUTION APPROVING THE CONVEYANCE OF A PORTION OF
THE REAL PROPERTY LOCATED AT 75 SOUTH FRONTAGE ROAD,
VAIL, COLORADO FROM THE VAIL, COLORADO, MUNICIPAL
BUILDING AUTHORITY TO THE TOWN OF VAIL
WHEREAS, the Vail, Colorado, Municipal Building Authority (the "Authority"), is a
Colorado nonproflt corporation organized and existing under the laws of the State of
Colorado;
WHEREAS, the Authority currently owns the real property located at 75 South
Frontage Road, Vail, Colorado, more particularly described in Exhibit A to the Special
Wamanty Deed attached hereto and incorporated herein by this reference (the
"Property");
WHEREAS, the Authority was originally incorporated in 1970, and then again in
1985, with the purpose of financing the construction of Town of Vail ("Town') facilities
on the Property;
WHEREAS, pursuant to Ardcle 111, Section 3 of the Authority's Articles of
Incorporation, the Authority is only authorized to convey real property to the Town once
any outstanding debt on such real property is fully satisfied;
WHEREAS, pursuant to Article XI of the Authority's Articles of Incorporation, all
property of the Authority must be conveyed to the Town and to no other party;
WHEREAS, in 1985, in accordance with Article III, Section 3 of its Articles of
Incorporation, the Authority conveyed the other portion of the real property located at 75
South Frontage Road, Vail, Colorado, to the Town, because the outstanding debt on
such property had been fully satisfied;
WHEREAS, similarly, all outstanding debt on the Property has been fully
satisfied;
WHEREAS, the voting members of the Authority's Board of Directors have, by
written ballot, voted on whether to convey the Property to the Town at this bme; and
WHEREAS, the voting members of the Authority's Board of Directors have, by
written ballot, voted in favor of conveying the Property to the Town at this �me.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE VAIL, COLORADO, MUNICIPAL BUILDING AUTHORITY� THAT:
1. The Board of Directors hereby approves the conveyance to the Town of
Vail of a portion of the real propeny located at 75 South Frontage Road, Vail, Colorado,
which portion is more particularly described in Exhibit A to the Special WaRanty Deed
attached hereto and incorporated herein by this reference.
2. The Sec�etary of the Board of Directors is hereby authorized to execute
the Special Warranty Deed attached hereto on behalf of the Authority.
INTRODUCED� �P SSED AND ADOPTED BY WRITTEN BALLOT BY THE
AUTHORITY, THIS,�9'`�DAY OF MARCH, 2012.
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ATTEST:
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Secretary
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�q6sibt�i,u� Yww N�IdK.�.q�X'
Board Member
Board Member
2
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Q:IUSERSIVA/LUN061M8A CONVEYANCE-RES-3.DOC
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SPECIAL WARRANTY DEED
THIS DEED, is made ef�ective this��ay of March, 2012, and is made between the Vail,
Colorado, Muniapal Building Authority, the "Grantor,' a Colorado non-profit corporation organized and
exisGng under and by virtue of the lawa of the State of Colorado, and the TOWN OF VAIL, a Colorado
home rule municipality, whose address is 75 South Frontage Road, Vail, Ea�e CouMy, Colorado
("GraMee'�:
WITNESS, that Grantor, for and in consideration of the sum of ten dollars (a10.�0) and other
good and valuable consideration, the rec�ipt and suificiency of which is hereby acknowledged, hereby
graMa, bargains, sella, conveys, and conflrma uMo Grantee and Grantee's heirs and assigns forever, all
the r�l property, together with any improvements thereon, located fn the CouMy of Eagle, State of
Colorado, more particularly described in Exhlbk A, attached hereto and incorporated by this reference.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging or in
anywise appertaining, and the reversion �d reversions, remainder and remaindera, rents, issuea and
profits thereof, and all the estate, right, tide, irrterest, daim and demand whatsoever of Grantw, either in
law or equity, of, in and to the above-bargained real property with the hereditaments and appu�tenances;
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenancea, unto Grantee and Grantee's sucoessors and assigns forever. Grarrtor, for itself and its
succeaaors and aasigna, does covenant and agree that Grantor shall and will warrarrt and torever detend
the Property in the quiet and peaceable possession of the Grantee and the successors and assigns of
GraMee, againat all and every person or persons claiming the whole or a�y part thereof, by, through or
under Grantor except and subjed to those matters set forth in Exhibit B, attached hereto and
incorporated by this reference.
IN WITNESS WHEREOF, Grantor has executed this Special WarreMy Deed as of the date first
above-written.
V
Vai�lorado, Municipal Building Authority
STATE OF COLO O )
) ss.
COUNTY OF )
No
fore oing i�strument was subscribed, swom to, and adcnowledged before me this �
day oi ��l1�.!',L� , 2012, by Kent Rose as Secretary of the Vail, Colorado, Muniapal
Building Authority.
My commission expires: � �l
(SEAL)
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EXHIBIT A
Property Address:
75 S Frontage Rd
Vail, Colorado 81657
County of Eagle, State of Colorado
Legal Desc�iption:
A PART OF THE SOUTHEAST QUARTER OF SECTION 6 TOWNSHIP 5 SOUTH, RANGE 80 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 6 THENCE NORTH 00 DEGREES
28 MINUTES 16 SECONDS WEST AND ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER
72.75 FEET TO A POINT, SAID POINT BEING 110.00 FEET NORTHEASTERLY FROM THE
SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 AS MEASURED AT RIGHT
ANGLES THERETO; THENCE NORTH 79 DEGREES 46 MINUTES 11 SECONDS WEST AND ALONG
A LINE PARALLEL TO SAID SOUTHEASTERLY RIGHT OF WAY LINE 145.50 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 16 DEGREES 08 MINUTES 47 SECONDS EAST, 63.50
FEET; THENCE NORTH 72 DEGREES 03 MINUTES 02 SECONDS WEST, 226.70 FEET; THENCE
NORTH 68 DEGREES 08 MINUTES 34 SECONDS WEST, 201.00 FEET; THENCE NORTH 66
DEGREES 43 MINUTES 48 SECONDS WEST, 184.39 FEET; THENCE CONTINUING ALONG THE
AFORESAID COURSE 238.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 00 SECONDS
WEST, 47.79 FEET; THENCE SOUTH 41 DEGREES 24 MINUTES 53 SECONDS EAST, 183.50 FEET
TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 197.40
FEET, A CENTRAL ANGLE OF 30 DEGREES 47 MINUTES 4 SECONDS, AN ARC DISTANCE OF
108.10 FEET; THENCE SOUTH 72 DEGREES 12 MINUTES 37 SECONDS EAST, 183.50 FEET TO A
POINT OF INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 6 SAID
LINE BEING 110.00 FEET NORTHEASTERLY FROM THE SOUTHEASTERLY RIGHT OF WAY LINE
OF U.S. HIGHWAY NO. ¢ AS MEASURED AT RIGHT ANGLES THERETO; THENCE SOUTH 79
DEGREES 46 MINUTES 11 SECONDS EAST AND ALONG SAID NORTH RIGHT OF WAY LINE 397.56
FEET TO THE TRUE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PORTION OF SAID PROPERTY DESCRIBED IN DEED RECORDED
JULY 14, 1971 IN BOOK 221 AT PAGE 6.
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DCHIBIT B
EXCEPTIONS:
1. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK 48 AT PAGE 503.
2, RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 24, 1904, IN BOOK
48 AT PAGE 503.
3. AN EASEMENT AND RIGHT OF WAY AS GRANTED TO THE STATE OF COLORADO IN THE
INSTRUMENT RECORDED JUNE S, 19401N BOOK 127 AT PAGE 466.
4. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
AND IMPOSED BY ZONING ORDINANCE #13, SERIES OF 1969, RECORDED DECEMBER 03, 1969
IN BOOK 216 AT PAGE 532.
5. EACH AND EVERY RIGHT OR RIGHTS OF ACCESS TO AND FROM ANY PART OF THE
RIGHT OF WAY OF I-70, AS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS OF EAGLE
COUMY, COLORADO, AND THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO IN RULE
AND ORDER RECORDED JANUARY 05, 1971 IN BOOK 219 AT PAGE 441.
6. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT
PROPERTY IN THE UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT, AS
E1/IDENCED BY INSTRUMENT RECORDED JANUARY 04, 1985, IN BOOK 404 AT PAGE 58. NOTE:
SAID DISTRICT WAS CONSOLIDATEO INTO THE EAGLE RIVER WATER AND SANITATION
DISTRICT BY ORDER OF THE DISTRICT COURT RECORDED JULY 8, 19961N BOOK 699 AT PAGE
278.
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