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HomeMy WebLinkAbout2002-27 Accepting Town of Vail Right of Way and Vacating Right of Way in the Vail Mountain School Subdivision• ORDINANCE NO 27 Series of 2002 AN ORDINANCE ACCEPTING TOWN OF VAIL RIGHT OF WAY AND VACATING RIGHT OF WAY fN THE VAIL MOUNTAIN SCHOOL SUBDIVISION IDENTIFIED IN ATTACHMENT A WHERAS, the Final Plat for the Vail Mountain School Subdivision is consistent with the development standards in section 14 of the Vail Town Code. WHEREAS, the Planning and Environmental Commission approved a preliminary plat and major subdivision for the Vail Mountain School consistent with the criteria in chapter 13-3- 3 of the Vail Town Code on September 12t" , 2002 WHERAS, the Vail Town Council approved of Resolutions 12 and 13, Series of 2002 and Ordinances 21,22, and 23 Series of 2002 that supported the redevelopment of the Vail Mountain School as proposed on August 12, 2002. WHERAS, the Planning and Environmental Commission approved the final plat subject to Vail Town Council approval consistent with the criteria in Chapter 13-3-6 of the Vail Town Code on September 23, 2002. WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to move the Katsos Ranch Road Right of Way consistent with the Vail Mountain School Final Plat. NOW, THEREFORE, f3E lT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. That the Mayor is authorized to execute the final plat as set out in Attachment A which will vacate a portion of the Katsos Ranch Road right of way in consideration for new right of way identified in the Final Plat of the Vail Mountain School Subdivision. o~-a a ~, a~n~ ~ . • Section 2. If any part, section, subsection, sentence, clause ar phrase of this ordinance is for any reason held to be invalid, such decision shall not effect 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 more 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 Vaik and the inhabitants thereof. Section 4. The amendment of any provision of the Town Cade 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 proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. C9rc~ ~' ?, aoo~ ~ . • INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL 4N FIRST READING this 1st day of October, 2002 and a public hearing for second reading of this Ordinance set for the ~ 5t" Day of October, 2002, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Attest: ~ ~f ~! SEAI. ~. _ n ~~~ ~~~ (I~Felei/Donaldson, Town Clerk ~~~1,~ twig Kurd, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this '[5th day of October, 2002. Attest: orelei Donaldson, Town Clerk ~~ Ludwig Ku~r~~q{pp~.Mayor /.i~~~, ~./P V~\ ~'@ ~~ ~~~QRIA-~O O c~cl a 7, a ooa ~ ~ • ATTACHMENT A VAIL MOUNTAIN SCHOOL FINAL PLAT (ON FILE IN COMMUNITY DEVELOPMENT OFFICE) Dry ~ ~ aooa. ~o STATE OF COLORADO COUNTY OF EAGLE 247 PROOF OF PUBLICATION SS. r1 u 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 Golorado, 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 frst 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- mentsthereof, 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 .......~...... consecutive insertions; and thfat the first publication of said notice was in the issue of said newspaper dated .~2...{..~.... A.b..r~Y~. ~.... and that the last publication of said notice was in the issue of said newspaper date ... .~..~L,~. t~..... A. D, .........~2-.. In witness whereof I have hereunto set my hand this ....s~.o~day of ....... .. .... ..~-.C/ ublisher Subscribed and sworn to befor , a n ary ublic in d forr~the County of Eagle, State of Colorado, this - ~. day of ..... ~" Notary ublic My Commission expires ........... ~... 4 • ORDINANCE NO 27 Seiies of 2002 AN ORDINANCE ACCEP'f•ING TOWN OF VAIL R1GIiT OF WAY AND VACATING RIGHT 01= Y1510N DENTiFIEU N ATTACHMENT A SUBDI- Copies of this ordinance are available for publiq in• spection in the office of the town CIerR during rnor- mal business hours. AND ORDERED RROUBL SHED FhisO155h day oftOo- tober, 2002• Ludwig Kurz, Mayor Attest: Lorelei Dohaldson, Town Clerk , ATTACHMENT A , . VAIL MOUNTAIN SCHOOL FINAL PLAT. ~, ION FILE IN COMMUNITN DEVELOPMENT ubllshed in the Vail Daily October 18, 2002. ~~ STATE OF COLORADO COUNTY OF EAGI~~ 235 PROOF QF PUBL,ICATION SS. UMUF1Yg1Y4C rvV 4~ 'Series of 2002 AN ORDINANCE ACCEPTIN OF VAII. • RIGHT OF WAY AND VA RIGHT OF WAY tN 7HE VAIL MOUNTAIN HOOL SU6D1- VISION tDENTiFIED IN ATTACHMENT A - . WHERAS, the Final Plat far the Vail Mountain School Subdivision is consistent with Ehe de4elopr ment standards In section f 4 of the Vail Town Dade. . I, Steve Pope, do solemnly swear that I am the Publisher of The Vail flatly, 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 >ragle 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- mentsthereof, and Ihat 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 ........~..... consecutive insertions; and that t//he first publication~jo~f said notice was in the issue of said newspaper dated ..~~1.,~;!/1~,...,.'7'......_._ A.©• ..~~..~.... a~nJd that the last publication of said notice was in the issue of said newspaper dated.l..lCT.Z~~G~K!(r .'.7.... A. b......... ~..~. . ~.~ .............. .. In witness whereof I have hereunto set my hand this .......r,..Y..... day of ..(,./.+~.;~,~„,,~ lisher Subscribed and am to before me, a notary public in and for the County of Eagle, State of Colorado, this ......................... day of .... .. .. .. ~~ z-- My Commission expires ~~ ~~_~~~ /_~a~ Notary Public WHEREAS, the Planning and Envi= ror,rtienl~l Cordmissibri apprtwed a prAliminary p1~1 and major subdivlslon'foi 1he:Vail Mountalh"Sohr)pl i,-ths =:,iew pM. ~a-o-d tit Me Vti91 Town Cotle on September, i Zlh , 2002 - . W.HEitAS, the Vail Towh Council ap+ proved of Resolutions t2 and 13,.Serles of 2002 and Ordinances 21,22; and 23 5erfes`of 20021hat supported the redevalopment'of the Vail Mountain Schocl.as proposed on August 12, 2002.- WHERAS, the Planning and Envirpn- mental Commission approvetl the final plat subject to Vail Towh Council approval canslstenl with the criteria In Chapter 13.3-6 of the Vail Town Code oh September 23, 2002. WHEREAS,..the Town Cdrincil considers it in the interest of the public health, safety, and welfare to move the ICatsos Ranch Road Right of way con- sistent with the Vail Mountain Scrioot Final Plat. " NOw,.THEREFORE, BE 17 ORDAINED BY THE TOWN COUNCIL OF THE TOWN QF VAIL, COL- ORADO,TWAT: Section 1. That the Mayor is authorized to exe- cute the final plat as set out in Attachment A wMch wiH vacate .a portion of the Katsds Ranch Rpad right of way in consideration for new right of way identified in the- Fnat Plat of the Vail Mountain School Subdivision. - Section 2. If any pars, section, subsection, sen- 4ence, clause or phrase o€.thi§ ordinance ig for any reason held tc be invalid, such decision shall not effect the validi_ly of the remairiing portions.of this ordinarrcB; and the Town Council hereby' declares it would have passed this ordinance, and each part, sacllon, subsection, sentence,. clause or phrase thereof, regartltess of the fact that any one or more parts, sectiogs, subsections, ssMences, ctauseg or phrases be declared invalid.. Sectien 3. TheTowri Counatharaby finds, deter- mines and declaresthai thig orctlnance iS necessa- ry and proper for the health; safety and welfare di the Town of Vall and the inhabitants thereof. Section 4. The amendment of any provision .of the Tawn Code as provided In this ordinance shalk not affect any right-which his accrued, arty dury imposed, any violation Ihat.oocurred-prior to the ef- fee[Nre date hereof,.. any prosecution commenced, nor shy ot8eraction or proceeding as colnfnenoed under or bye virtue of the prov€sion amended. The amehdriient of any provision hereby shall not re- viv~ any provision or any ordinanco previcusty re- pealed or superseded untess expressly stated herein. Section 5. All bylaws, orders, resolutions and or- dinanoes, or parts thereof, inconsistent' herewith are reppBaled to the extent only bt such inconsist~n- cY. Tfils repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part, thereof, theretofore repealed. INTRODUCED, READ ON FIRST Rf;ADING. AP- PROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this is! day orOcto- ber, 2002 and a pubtio hearing for second reading of this Ordinance set far the 15th Day of October, 2p02, in the .Council Chambers of the Vail Munlcl- pal Building, Vail, Colorado: ' Ludwig Kurz, Mayor •- • • Angst: Lorelei Donaldson, Tawri Clerk 'i pEAp AND APPROVED ON SECG .Q RF./WfNG AND ORDEREp PUBLISHED this 1 h day of Oc- lokiar, 2002. Ludwig Ku: ,Mayor Attest: lorelsl Danstdaon;7awrl Cte~Tk , ATTACHMENT A VAIL MpUNTAIN SCHOOL FINAL PLAT {pN FILE IN.GOMMUNITY DEVELOPME OFFICE} Published In the Veil pally October 4, 002,