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HomeMy WebLinkAbout2002-26 Authorizing the Conveyance of Fee Title to Real Property in the Town of Vail Commonly Known As the Old Town Shops and Legally Described as Part of Tract C, Vail Village, Second Filing~ ~ • ORDINANCE NO. 26 SERIES 2Q02 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF FEE TITLE TO REAL PROPERTY IN THE TOWN OF VAIL COMMONLY KNOWN AS TWE OLD TOWN SHOPS AND LEGAI*LY DESCRIBED AS PART OF TRACT C, VAIL VILLAGE, SECOND FILING; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail is the owner of certain property located at 890 S. Frontage Road, Vail, Colorado 81657, commonly known as "The Old Tawn Shops," legally described as Part of Tract C, Vail Village, Second Friling and more specifically described on attached Exhibit "A" (the 'Property"); WHEREAS, it is the Town Council's opinion that the health, safety and welfare of the citizens of the Town of Vail would be enhanced and promoted by the sale of the Property to the Eagle River Water and Sanitation District (the "Purchaser"). NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: The Town Council hereby approves this sale of the Property, contingent upon the Town Council's approval of the Purchase and Sale Contract. 2. The Town Manager is hereby authorized and directed to execute such instruments of conveyance as are appropriate to convey fee title fram.the Town of Vail to the Purchaser, subject to the Town Council's approval of the Purchase and Sale Contract. 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 or phrase thereof, regardless of the fact that any one or mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. The Town Counci! 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. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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. A11 bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed ordinance 26, Series of 2002 ~ . ~ to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, ar part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of September, 2002 and a public hearing shall be held an this Ordinance on the 5th day of November, 2002, at 7:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~~ ~\ ~R.~~ -~.- S~'~~~"' ~,o Ludwig Kurz, f~ayor C~l~.~~ ATTE T: ~ `~.. alai onaldsan, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED iN FULL this 5th day of November, 2002. O~~ ~ ~~ ~ ' ~° fl ~~~ ~ 3'.~;~ ...~' ATTEST: ~ ~~ ~'C . vG~io~r~~~ Ludwig Kur~,/Mayor ~~.~ orelei onaldson, Town Clerk Ordinance 26, Series of 2002 ~ ~ • Exhibit A Legal Description A part of Tract C, Vail Village, Second Filing, more particularly described as follows: Beginning at khe northwesk corner of said Tract C; thence north 73 degrees 42 minutes 37 seconds east and along the northerly line of said Tract C a distance of 145.00 feet; thence south 14 degrees 46 minutes 10 seconds east a distance of 146.36 feet to a point of intersection with the southerly line of said Tract C; thence south 79 degrees 03 minutes 56 seconds west and along the southerly line of said Tract C a distance of 180.00 feet to the southwest corner of said Tract C; thence north 0 degrees 06 minutes 06 seconds east and along the westerly line of said Tract C a distance of 135.00 feet to the true point of beginning, County of Eagle, State of Colorado. Except that portion of said property deeded to the Vail Water and Sanitation District in deed recorded September 30, 1982 in Book 346 at Page 615. Ordinance 26, Series of 20D2 V ~" SERIES 2002 AN ORDINANCE AUTHORI21 CONVEY- ANCE OF FEf TITLE TO RE PERTY IN ~ - ~ 'THE TOWK .OF VAIL COMMO KNOWN A5- 2 71 THE OLD TOWN SNOP5 AND LEGdLLY, DEZ SCRIBED AS PART OF TRACT C, YAiL YiL- LAGS, SECOND FILING; AND SETTING FORTH DETAILS tH REGARD THERETO,' STATE OF COLORADO COUNTY OF EAGLE PROOF OF PUBLICATION SS. I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice ar advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified far publishing fagot notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of .,...~......... consecu ive ins~ert~io}ns; aLn~d that the first publication of said notice was in the issue of said newspaper dated ....~~.[~5..f„1.......~Jr ..................... ~.... A.D, .... „(,~~. and that the last pu~ tion of said notice was in the issue of said newspaper dated... ~.~,,~;,...~~.... A.D .........................4~-*~. ' t_ . _ In witness whereof I have hereunto set my hand this .......~r.~day of Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado, Phis ............~~..,. day of ..... ~~~...~ ............. ~~.. ~~ Notary Public My Cammissron exprr®s .. ....... ,!~-~t,~ „1,.,~~~7 WHEREAS, the Town of Vall is the owner pi cer- tain p~opparty .located at -890 S. Frontage Road, Vaf4, .Colomdo 81657, .commonly known as "The Old Town- Shops," legally described as Part of Tract.C,.Vail Vilage;.Second Filing and more spe- citicsl4y dascribetl on attached Exhibit - A" .(She "Propperty ))~~ wHEREA5, it is the Town Gouncil's opinion that the heakh, safetyand welfar®pf the citizens of the aowh of Vail. woultl be enhanced and promoted by the safe of the Properly'to the Eagle. River Water and Sanitation District (the "Purohaser"). NOW•YHEREFORE, be it ordairred by th® Town Council of the Town of Vail, Colorado, that: 1. The"Town Councit hereby approires this sale of the Property, ccntingeht upon the Town Council's approval of~ire Purchase and:Sale Contract. Z, The Town Matiager is riareby authorized arid.dl= ratted Fo execute such rnstrumenls of conveyance as are appropriate to convey See title from' the Town. of Vail to the i urcheser, subiecf to the Town ., Council'g approval of ihe.Purphase and Sale Con- tract.,~ ~ ~ ~ ' If any parF; section; subsection,. sentence, clause . pr'~ rase of this ordinance +a for any reason held:; :.-. io 6e invalid,, such de'cis~on"small nor arrectthe~val= {diry of the remaining portions of this ordinance; and the Town Council. h8reby declares It would. have passed this ordinance and eacfi. pert, sea flora, subsectlonsentence, c'ausa orphrasa Thera of, regardless of the fact that any aria or more parts, sections, subsections, sentences, cteuses or phrases be declared invalid. The Town Council hereby tirids, ~latarmin96,-and - declares tfrat tftia ordinance is necessary and ptop~ . 9r for the heakh, safety, end welfare of the Town got _. V~il~rnd~t5e_inhakiiants ihareoE. _ The repeal or tks reppeeal and. reenact- menf oFany provfslomof [he Municippal Code of the Town of Varl as provided in thi3 brdinarrce shoji-not ' affect any right. whack has accrued, any dutS%"im= pposed,.any vrotatipn that occurred prior to,Tfte.r61- tective date hereof,' any ,prosecution commenced, nor any, -other action or proceedings .as.com- mery'aed .under or by virtue of the prnvlslon -re- or any ordinance previousky repealed or supersea• ed unless expressly stated hePain. Ali bylaws, orders,- resolutions, and or- dinances, or parts tnereoi, inconsistent. herewkh are repealed to'the extent onty of such inconsisten- cy. This repealer shall not be.constrced to revise any bylaw, ,orderresglutlon, or ordinance,. or par[ thereof, theretofare.repealed. INTRODUCED, REAQ, APPROVED, .AND OR- Df=RED PUBLkSHED ONCE IN,.FULL.ON FIRST REAE)1NG this 7th"dtiyoT September 2.OD? and a public hearing shall be held ogthls Ordinance am the ist day of Oct6gaG 2002, at 7:30- p.rrt. in iha 6 net! Chambers of the hail.-Municipal Building, Vail, lorado. Ludwig Kurz, Mayor ATTEySF: , Lorelei Donaldson, Town Clerk READ AND APPROVED ON.SECQND~READk1dG AND ORDEREp. PUBLISHED IN -FULL this 1st day of October, 2D02. Ludwig Kurz, Mayor ATTEST; ' 4oretei Donaldson, Town Clerk ExhibitA Legal Deserlpttom A part of Tract C, Vail Village,~Seconft Filing, more ppa~rtwuiariy described as follows: - Beginning at the northwest wrner of said'riact C; thence north 73 degrees A2 minutes 37 seconds east end along the northerly line of 5aidTracfiC-a dlatance of 145.00 feef;thencesouth 14 de rase 46 minutes 1.6 seconds east a dlstaitce of~i~8.3t? • • • ~~ STATE OF COLORADO COIfNTY OF EAGLE 229 PROOF OF PUBLICATION SS. • I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in the County of Eagle, State of Goiorado, and has a general circulation therein; that said newspaper has been published continuausiy and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of ......,,1........ consecutiv inser#io"ns~;~an~d that the firs# publication of said notice was in the issue of said newspaper dated ...~~/.'xLGC1/,L1...,~(.Q A.D..Q~..~.~~...... and that the last publication of said notice was in the issue of said newspaper dated..~~~.].:..t~{~...... A.D..........~~~~..~... In witness~w__vvhereof I have hereunto set my hand this .~~..~. day of Publisher ..~ `.r 2 Subscribed -.a~n77d sworn to before e, a notary public in and for the County of Eagle, State of Colorado, this ........G~[.~..... daV of .,- ~ . 2 My Commission expires ......~~...~. u'c-~..~:.. ~ .........:.F,.fl..(1,~.~~~.... Notary Public SERIES 2062 AN ORDINANGE AUTHORiZICONVEY- ANCE OF FEE7iTLETD REA ERTY.IN THETOWN OF PAIL COMMO NOWN AS THE OLDTOWN SHOPS AND.LEGALLY DE- SCRIt3lwq AS PART OF TRACT C,VAIL VIL- LAGE, SECOND FILING; AND SETTING FORTH . DETAILS IN REGARDTHERETO. WHEREAS,. the Town of Vail is the owner of cer- tain property located at 890 S. Frontage Road, Vail, Colorado 85657, commonly known as "The Old Town Shops 'legally described. as Part of Tract C, Vail Village, Second Filing"acid more spe• _ cifically described on attachetl Exhihlt °A" {the "Property");- WHEREAS; it .is the Town Council's opinion that the health, salary and weHare of the citizens of the Town of Vail would be ehfianced and promoted by the sale of the Property to the Eagle River Water. and Sanifalion District (the °Purchaser"), NOW, THEREFORE, be it ordained 6y,the Town 'Co~incirefaheTowttlofVail;QOfi)radOilllEt.'- - 1 The TdiiSn Cotlnpil`„f~rereb}r°alSpfovo~~iltis-sale of the Property, Gontingent upoh.the.io~vn Councils approval of the PuichasQ arrd_~ale.Coritract:' 2. The Town Mariager is hereby aufhorized and di- rected to exeeuls such instruments of conveyance • as are appropriato to aorivey-fee title Erom the. Town of Vail to the Purchaser, subject to the Town Council's approval of the Purchase and Sale Con- tract. If any part, section, subsection, sentence, clause or pp~ras~ of this ordinance is for any reason held to be invalid, such decision shall not effect the val- idity of the mmeining portions of this ordinance; end the Town. Council hereby declares it would have passed this ordinance, and each part, sec- tion, subsection, Sentence, clause or phrase there- of, regardless. of the fact that any one or mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. The Town Council hereby finds, determines, and declares thatthis ordinance is necessary and proper for the health, safely, and welfare of the Town. of Vail and theinhabitanis (hereof. Tha repeal or the repeal and reenactment of any, provision~of the iJiunicipsl Code of fire Town of Va€I as provided in this ordinance shall not affect any right which has accrued, any duty imposed; any vi, olation that occurred prior to the effective date hereof,. any prosecution commenced, nor any other action or proceedings as commencedunder or by . virtue of the,provision repealed or repealed and re- enacted. The repeat of 8ny provision hereby shall net revive any provision or any ordinance previous, ly repealed or superseded unless expressly stated, herein. AA bylaws, order, resolutions, and ordinances or - partsthereof, inconsistent hereviilh are repealer{ to the extent only of such inconsistency This re- pester shall nbt be construed to revise. any bylaw; order; resolution, or ordlnerwe, or part thereof, ; theretofore repeareu. +iNTRpDUCED, READ, APPROVE,~Nj~iyglcl3r DER@D PUBLISHED ONCE IN FUL ~ ~`I READING this 17;h day of SeptemlJef;"'2'~2~and a public hearing sfisll be held an this Ordfngnce on the tst~day of October, 2002, at 7:00 p.m, in. the Counci! Chambers of tho Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDt=RED PUBLISHED this 1st day of O~ tuber, 2002. ATTEST; Ludwig Kurz, Mayor Lorelei Donaldson, Town Clerk • • ~a ar ueaanpnon A part of 1Fac1 C, ail Vill~ga, $eco ' FIIIng, mare = parilcularly described asfollows: - _- 9eginning aF the northwest corner sald'IYact C; tharice north 73 degrees 42:mitlut 37 seconds east and alongg the norihedy.lfns of,: Id tract C a distance of 145,00 feet; thence ffio h S4 de reea 4t3 minute8 10 seconds east a dtst ce of 146.36 last to a ppoint of iniereection Wlth t squtherly Ilne of said Tract C; thence south 79 _ reas 03 ml- nules 56 seconds west and alon 1~a equlherly line of said Tract C a dletance of 16 .00 feel to the southweaf corner of said Tract C; once Werth 0 degrees OB minutes OB seconds st and alcng the westedy tine .of. said Tract C a distance of 135.00 feet to the true point of b Inning, County of Eaglg. State of Colorado, Except that portion of said proper deeded to the Vail Water and, 5ariitatfan Diatr at Indeed retarded September 30, 1882 In Baok 3.46 aN. age 815. Published In the Vai4 dally Septemd; 20, 2002. •