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HomeMy WebLinkAbout2004- 3 Vacating that Platted Public Right-Of-Way Between Lots P3 & J, Block 5-1, Vail Village 5th Filing, and A Contiguous Portion of Gore Creek Drive~~- • ORDINANCE NO.3 SERIES OF 2004 AN ORDINANCE VACATING THAT PLATTED PUBLIC RIGHT-OF-WAY BETWEEN LOTS P- 3 ~ J, BLOCK 5-A, VAIL VILLAGE, FIFTH FILING, AND A CONTIGUOUS PORTION OF GORE CREEK DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, acting through its applicable departments and agencies, including the Director of Public Works and the Planning and Environmental Commission, have found and determined that the public use, convenience and necessity no longer require within its system of public ways that certain public right-of-way legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Vacated Way"), which Vacated Way is constituted by that certain public street platted between Lots P-3 and j, Block 5-A, Vail Village, Fifth Filing, according to the recorded subdivision plat for Vail Village, Fifth Filing (recorded November 12, 1965, at Map Book 1, Page 44, File No. 102538), and a contiguous portion of Gore Creek Drive; specifically the Planning and Environmental Commission, prior to the adoption of this ordinance, has adopted and approved a final subdivision plat for a resubdivision of said Lot P-3, a portion of said Lot j, and the Vacated Way (the "Replat"), under which the Vacated Way is incorporated as part of the new Lot P-3, Vail Village, Fifth Filing established by the Replat; and WHEREAS, in substitution of the Vacated Way (which has never been actually used as a public street), the Replat has publicly dedicated the right-of-way of the Chute Road; and • WHEREAS, the Town Council of the Town of Vail, to complement and give effect to the intended vacation of the Vacated Way under the Replat, has determined to establish, adopt and confirm such vacation by this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Vacated Way, as legally described on Exhibit A attached hereto, is hereby vacated by the Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail. Section 2. In accordance with the laws of the State of Colorado, title to and ownership of the Vacated Way shall vest in Vail Associates Holdings, Ltd., a Colorado corporation ("Vail Holdings"), which is the owner of the real properties abutting the Vacated Way. By way of confirmation of and without limiting the effect of the foregoing, the Town of Vail shall proceed to execute and deliver to Vail Holdings a bargain and sale deed for recordation that conveys the Vacated Way to Vail Holdings. Section 3. Ordinance No. 3, Series of 2004, shall become effective upon the recording of the LJ "Final Plat Lot P-3, Vail Village Fifth Filing 604206.RED RCFISH 02/I7/04 9'08 AM • A resubdivision of Lots P-3 and part of Lot j, Block 5-A, a portion of Gore Creek Drive right-of- way and that right-of-way between Lots P-3 and j, Vail Village Fifth Filing, Town of Vail, County of Eagle, State of Colorado" at the Office of the Eagle County Clerk and Recorder. Section 4. 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, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 5. 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 6. 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. • INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20~' day of January, 2004, and a public hearing for second reading of this Ordinance set for the 3`d day of February, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~N Ctc V, ,~ ,., s S~~ Rod Slifer, ayor / ATTEST: • ~.•• ~ ~ a•. ~6rel Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED this 3`~ day of February, 2004. G ~~~ V Rod Slifer,IMayor ATTEST: ~,~ ~,~ ~ ' ~Cti , ......_,~'l l,Liorel ' Donaldson,~Town Clerk r~ ~~Al. • .. r .. C+~•....••• 604206.RED RCFISH 07/17/04 9:08 AM ~, ~ r Parcel Description: EXHIBIT A Legal Description of Vacated Way A Parcel of land located in Vail Village Fifth Filing per the recorded Plat thereof, as recorded November 12, 1965 at Reception No. 102538 in the Offices of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as follows: Commencing at a point on the Northerly Right-of--way line of Hanson Ranch Road as shown on said Plat of Vail Village Fifth Filing, said point also being the common lot corner of Lots j and k of said Vail Village Fifth Filing, thence along said Right-of--Way S 70°35'41" W a distance of 35.00 feet; forming the Basis of Bearing for this Description; thence 52.65 feet along an Arc of a curve to the right having a Central Angle of 25°06'04", a Radius of 120.17 feet, a Chord which bears S 83°08'43" W a distance of 52.23 feet; thence continuing along said Northerly Right-of- Way 65.44 feet along an Arc of a curve to the right having a Central Angle of 31°11'56", a Radius of 120.17 feet, a Chord which bears N 68°42' 17" W a distance of 64.63 feet to the True Point of Beginning; thence N 53°06' 19" W a distance of 91.00 feet; thence 12.88 feet along the Arc of curve to the left, having a Central Angle of 06° 15'21 ", a Radius of 117.98 feet, a Chord which bears N 56°13'59" W a distance of 12.88 feet; thence departing said Northerly Right-of- way 28.07 feet along an Arc of a Curve to the left having a Central Angle of 107°12'33" a • Radius of 15.00 feet, a Chord which bears N 67°02'04" E a distance of 24.15 feet to a point of Reverse Curvature; thence 42.56 feet along an Arc of a curve to the right having a Central Angle of 24°23' 12", a Radius of 100.00 feet, a Chord which bears N 21°44'44" E a distance of 42.24 feet to a point of Reverse Curvature; thence 29.43 feet along an Arc of a curve to the left having a Central Angle of 112°24'06", a Radius of 15.00 feet, a Chord which bears N 19°11'25" W a distance of 24.93 feet to a point on the Northerly Right-of--Way of said Gore Creek Drive; thence S 75°51'23" E a distance of 85.32 feet; thence S 82°31' 10" E a distance of 11.87 feet; thence S 45°23'24" E a distance of 3.78 feet; thence 3.93 feet along an Arc of a Curve to the right having a Central Angle of O1°14'40", a Radius of 180.77 feet, a Chord which bears N 85°32'51" W a distance of 3.93 feet to a point of Compound Curvature; thence 153.73 feet along an Arc of curve to the left, having a Central Angle of 146°48' 10", a Radius of 60.00 feet, a Chord which bears S 21°46'02" W a distance of 115.00 feet, to a point of Compound Curvature; thence 3.99 feet along an Arc of a curve to the left, having a Central Angle of O1°54'09", a Radius of 120.17 feet, a Chord which bears S 52°09' 14" E a distance of 3.99 to the True Point of Beginning, said Parcel containing 0.104 acres more or less. TOGETHER WITH any other pre-existing public right-of--way, as previously dedicated or established, which lies within Lot P-3 as platted and established by the Replat. • 604206.RED RCPISH 02/17/04 9:08 AM ~~~,u up u~~ ~VHII IIu~ ~~I III II e8~102x ORDINANCE NO. 3 SERIES OF 2004 AN ORDINANCE VACATING THAT PLATTED PUBLIC RIGHT-OF-WAY BETWEEN LOTS P- 3 ~ J, BLOCK 5-A, VAIL VILLAGE, FIFTH FILING, AND A CONTIGUOUS PORTION OF GORE CREEK DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, acting through its applicable departments and agencies, including the Director of Public Works and the Planning and Environmental Commission, have found and determined that the public use, convenience and necessity no longer require within its system of public ways that certain public right-of-way legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Vacated Way"), which Vacated Way is constituted by that certain public street platted between Lots P-3 and j, Block 5-A, Vail Village, Fifth Filing, according to the recorded subdivision plat for Vail Village, Fifth Filing (recorded November 12, 1965, at Map Book 1, Page 44, File No. 102538), and a contiguous portion of Gore Creek Drive; specifically the Planning and Environmental Commission, prior to the adoption of this ordinance, has adopted and approved a final subdivision plat for a resubdivision of said Lot P-3, a portion of said Lot j, and the Vacated Way (the "Replat°), under which the Vacated Way is incorporated as part of the new Lot P-3, Vail Village, Fifth Filing established by the Replat; and WHEREAS, in substitution of the Vacated Way (which has never been actually used as a public street), the Replat has publicly dedicated the right-of-way of the Chute Road; and . WHEREAS, the Town Council of the Town of Vail, to complement and give effect to the intended vacation of the Vacated Way under the Replat, has determined to establish, adopt and confirm such vacation by this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Vacated Way, as legally described on Exhibit A attached hereto, is hereby vacated by the Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail. Section 2. In accordance with the laws of the State of Colorado, title to and ownership of the Vacated Way shall vest in Vail Associates Holdings, Ltd., a Colorado corporation ("Vail Holdings"), which is the owner of the real properties abutting the Vacated Way. By way of confirmation of and without limiting the effect of the foregoing, the Town of Vail shall proceed to execute and deliver to Vail Holdings a bargain and sale deed for recordation that conveys the Vacated Way to Vail Holdings. Section 3. Ordinance No. 3, Series of 2004, shall become effective upon the recording of the "Final Plat Lot P-3, Vail Village Fifth Filing =/ r ~ 604206.RED RCFISH 02/17/049~OS AM A resubdivision of Lots P-3 and part of Lot j, Block 5-A, a portion of Gore Creek Drive right-of- way and that right-of-way between Lots P-3 and j, Vail Village Fifth Filing, Town of Vail, County of Eagle, State of Colorado" • at the Office of the Eagle County Clerk and Recorder. Section 4. 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, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 5. 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 6. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20d' day of January, 2004, and a public hearing for second reading of this Ordinance set for the 3rd day of February, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: ~~ rel Donaldson, ~~~!!~~ Rod Slifer,r0layor V Rod Slifer, ayor / IN~IINIIII~IIN~IIIIINI~IIIIII~IVNIVI 8''°.28,... INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED this 3`d day of February, 2004. ATTEST: ~.~. ~orele~ Donaldson,'Town Clerk ri ~ ~ rEAL .' '•. c~•........ 604206.RED RCFISH 02/17/04 9:08 AM Town Clerk ""'~ EXHIBIT A Legal Description of Vacated Way Parcel Description: A Pazcel of land located in Vail Village Fifth Filing per the recorded Plat thereof, as recorded November 12, 1965 at Reception No. 102538 in the Offices of the Clerk and Recorder, County of Eagle, State of Colorado, being more particularly described as follows: Commencing at a point on the Northerly Right-of--way line of Hanson Ranch Road as shown on said Plat of Vail Village Fifth Filing, said point also being the common lot corner of Lots j and k of said Vail Village Fifth Filing, thence along said Right-of--Way S 70°35'41" W a distance of 35.00 feet; forming the Basis of Beazing for this Description; thence 52.65 feet along an Arc of a curve to the right having a Central Angle of 25°06'04", a Radius of 120.17 feet, a Chord which bears S 83°08'43" W a distance of 52.23 feet; thence continuing along said Northerly Right-of- Way 65.44 feet along an Arc of a curve to the right having a Central Angle of 31°11'56", a Radius of 120.17 feet, a Chord which bears N 68°42' 17" W a distance of 64.63 feet to the True Point of Beginning; thence N 53°06' 19" W a distance of 91.00 feet; thence 12.88 feet along the Arc of curve to the left, having a Central Angle of 06°15'21", a Radius of 117.98 feet, a Chord which bears N 56°13'59" W a distance of 12.88 feet; thence departing said Northerly Right-of- way 28.07 feet along an Arc of a Curve to the left having a Central Angle of 107°12'33" a Radius of 15.00 feet, a Chord which bears N 67°02'04" E a distance of 24.15 feet to a point of Reverse Curvature; thence 42.56 feet along an Arc of a curve to the right having a Central Angle of 24°23' 12", a Radius of 100.00 feet, a Chord which bears N 21°44'44" E a distance of 42.24 feet to a point of Reverse Curvature; thence 29.43 feet along an Arc of a curve to the left having a Central Angle of 112°24'06", a Radius of 15.00 feet, a Chord which bears N 19°11'25" W a distance of 24.93 feet to a point on the Northerly Right-of--Way of said Gore Creek Drive; thence S 75°51'23" E a distance of 85.32 feet; thence S 82°31' 10" E a distance of 11.87 feet; thence S 45°23'24" E a distance of 3.78 feet; thence 3.93 feet along an Arc of a Curve to the right having a Central Angle of O1°14'40", a Radius of 180.77 feet, a Chord which bears N 85°32'51" W a distance of 3.93 feet to a point of Compound Curvature; thence 153.73 feet along an Arc of curve to the left, having a Central Angle of 146°48' 10", a Radius of 60.00 feet, a Chord which bears S 21°46'02" W a distance of 115.00 feet, to a point of Compound Curvature; thence 3.99 feet along an Arc of a curve to the left, having a Central Angle of O1°54'09", a Radius of 120.17 feet, a Chord which bears S 52°09' 14" E a distance of 3.99 to the True Point of Beginning, said Parcel containing 0.104 acres more or less. 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