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2004-32 • ORDINANCE N0.32 Series of 2004 AN ORDINANCE VACATING A CERTAIN PART OF THE SYSTEM OF PUBLIC WAYS OF THE TOWN OF VAIL, COLORADO, I.E., THAT PUBLIC RIGHT-OF-WAY CONSTITUTING THOSE PORTIONS OF RED SANDSTONE ROAD CONTIGUOUS TO EITHER TRACT A OR TRACT B, SOUTH FRONTAGE ROAD SUBDIVISION WHEREAS, the Town of Vail, acting through its applicable departments and agencies, including the Town Council and the Director of Public Works, have found and determined that the public use, convenience and necessity no longer require within its system of public ways the portion of Red Sandstone Road (originally established by right-of--way grant recorded in the real property records for Eagle County, Colorado (the "Records") at Book 127, Page 565) that is contiguous to either of Tracts A and B, South Frontage Road Subdivision ("Tracts A and B"), according to the plat thereof recorded in the Records on November 6, 2000, at Reception No. 74324 (the "Plat"), and that intersects with South Frontage Road on the south and I-70 right-of--way parcels on the north; the vacation is also in furtherance of satisfying the requirements under that certain Gore Creek Place Development Agreement made among the Town of Vail, The Vail Corporation, d/b/a Vail Associates, Inc. ("Vail Associates"), and Vail Reinvestment Authority dated as of November 8, 2004; and • WHEREAS, the Town of Vail gave and published proper and timely notice of the date and time of the public hearing for Town Council's consideration of the adoption of this Ordinance, and Town Council duly held and conducted such hearing in accordance with applicable laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Vacated Way (defined below) is hereby vacated by the Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail. The Vacated Way shall mean the area legally described on Exhibit A attached hereto and incorporated herein by this reference, together with any other portions of the Red Sandstone Road right-of--way, as historically established, that may lie within or adjacent to either of Tracts A and B, as they are legally described, or "Parcel 26B," as shown on the Plat. Section 2. This vacation of the Vacated Way will be and remain subject to, and there is hereby reserved, (i) anon-exclusive private easement in perpetuity over the Vacated Way as necessary for access to Parce126B, which easement will be an appurtenance benefiting the ownership of Parce126B, and (ii) anon-exclusive private easement in perpetuity over the Vacated Way for the continued • Ordinance 32, Series of 2004 i • maintenance, upgrading, use and enjoyment of existing utilities, if any, located in the Vacated Way, which easement shall run in favor of the applicable utility suppliers as an easement in gross. Section 3. 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, regazdless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declazes that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 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. • INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 7th day of December, 2004. A public hearing on this ordinance shall be held at the regulaz meeting of the Town Council of the Town of Vail, Colorado, on the 21st day of December, 2004, at 6:00 p.m., in the Municipal Building of the Town. .~ ~~~~~ Rodney Slifer, Mayo~j ATTEST: t By: ei onaldson, ~~ 'down Clerk ~, aF'~a~' ~,~, ., . o: ~ ~. E... ~~~ 'S 't co~o~ Ordinance No. 32, Series of 2004 2 • INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21St day of December, 2004. ~. Rodney Slifei, Mayor ATTEST: .~ B ~r~.~t~ ~~~ ~~~~ .. y' ~: I~lei PSonaldson, Town Clerk ~~~AL ; t~ ~o~o~~ ~~ U Ordinance No. 32, Series of 2004 i :. EXHIBIT "A" LEGAL DESCRIPTION A PART OF THE PARCEL DESCRIBED IN ARIGHT-OF-WAY DEED RECORDED IN BOOK 127 AT PAGE 565, APRIL 2, 1943 AT THE EAGLE COUNTY CLERK AND RECORDERS OFFICE, ALSO BEING A PART OF THE NE'/. OF THE NE'/. OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6th P.M., TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12 WHENCE THE SOUTHWEST CORNER OF THE NW '/< OF THE NW '/. OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6th P.M BEARS S 00° 35' S2" W A DISTANCE OF 1321.99 FEET BEING THE BASIS OF BEARING FOR THIS DESCRIPTION: THENCE 504°24'22"W A DISTANCE OF 542.86 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 6 (A.K.A. SOUTH FRONTAGE ROAD) AND THE WEST RIGHT-OF-WAY LINE OF SAID PARCEL DESCRIBED IN DEED RECORDED IN BOOK 127 AT PAGE 565, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID PARCEL DESCRIBED IN DEED RECORDED IN BOOK 127 AT PAGE 565 N 00° 24'34" E A DISTANCE OF 306.20 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF I-70; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 60° 04' I1" E A DISTANCE OF 50.79 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 12; THENCE ALONG THE EAST LINE OF SAID SECTION 12 AND THE EAST RIGHT-OF-WAY LINE OF SAID PARCEL DESCRIBED IN DEED RECORDED IN BOOK 127 AT PAGE 565 S 00°35' S2" W A DISTANCE OF 319.42 FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 6; THENCE ALONG THE SAID NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY No. 6 S74° 11' 40" W A DISTANCE OF 45.56 FEET TO THE TRUE POINT OF BEGINNING. • SAID PARCEL CONTAINS NET 0.311 ACRES MORE OR LESS. THE ABOVE DESCRIPTION IS MEASURED DISTANCES AND BEARINGS BASED ON THE LAND SURVEY PLAT DATED JUNE 2002, BY PEAK LAND SURVEYING, INC. FILED WITH THE COUNTY SURVEYOR FOR EAGLE COUNTY,COLORADO THIS LEGAL DESCRIPTION HAD BEEN CREATED BY BRENT BIGGS PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC. 1000 LIONS RIDGE LOOP VAIL, CO 81657 Ordinance No. 32, Series of 2004 4 1 4 ; to ~~ ",~R ~ ~ Q '0F 8sF .. ~O8' ~ i c°a~ °v • 3 1;~~'6~N ~~S ~ ~~ .E 1 ~ ~U w N ~~~ °` ~ •O 2' el ~~ r ~ U ~~~ '"'Y Q f ~ ~ ~ Z ~ o 4~ Q ~ E^ 2 ~~a •~t ~~ - I tC ~ r .r f~ a M~ ~ ~ ~ ~ ~ ~ ~ ;~~ ~ 6 ,,,~ r 0 0 1 ~ ~ ~~ ~~ ~~~~ ~o r~ °, v ~ ~y x ~# ~~ ls~-n oe ~NVa (~Ntav3s do s~sve) ~ 3 s~8tc - a,rfr,caoos _ ss•tsc ~ ~Q33p S3NJY eoc'OJ S3a3V tt£'0 M„GS,S£.005 ~ '" ~ ~ .s8'Z46 --•~~i8 3:lNra ~t 13#is cat(c1z-ou M,ZZ,~~40S ..-..,_ __,_~g, 3JVd 'LSt H0081 N ~ '_` "13~aVd Otlaa 3NOlSONVS 0321-...._ W Z `~' ~ WO ~F'QW~ ~"• m Yaa ~r 6 N3N ~WZ:C 1~~O ¢ t iC ; 1 = ~ 6??-m ap•tiOa 0=a0.N 00; cn •SS' ~~ J~ h' `n JAY ~~NU~ N~O ZON 4LO`VirN N ~~ ~'~~ ~ N r.. 4 ~i ~~W.1 Wt7d `LO~~4~'~.. 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