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HomeMy WebLinkAbout1997-03 Approving, Adopting and Directing the TM to Execute the Exchange Agreement with the US Forest ServiceRESOLUTION NO. 3 SERIES OF 1997 A RESOLUTION APPROVING, ADOPTING, AND DIRECTING THE TOWN MANAGER TO EXECUTE THE EXCHANGE AGREEMENT SETWEEN THE TOWN OF VAIL AND THE UNITED STATES FOREST SERVICE. WHEREAS, the Town of Vail has approved and adopted a Comprehensive Open Lands Plan in Resolution No. 6 (1994); and WHEREAS, the Town of Vail has approved and adopted the Land Ownership Adjustment Plan by Resolution No. 14 (1994); and WHEREAS, the Exchange Agreement provides that the Town of Vail will exchange 77 acres of Town of Vail owned land for 63 acres owned by the United States of America; and WHEREAS, this action has been initiated by the Town of Vail and the United States Forest Service to remove United State Forest Service lands from within the corporate boundaries of the Town, remedy public and private encroachments on to United States Forest Service land, and reduce the risk of private exchanges of United States Forest Service land around the Town of Vail boundary; and WHEREAS, the Land Ownership Adjustment Agreement will provide the Town of Vail a valuable tool to object to any future proposed legislative land exchanges; and WHEREAS, this Agreement will provide the opportunity for the Town of Vail to acquire land appropriate for affordable housing. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: That the Exchange Agreement attached to this Resolution as Exhibit A is hereby approved and adopted. 2. That the Town Manager is directed to execute the Exchange Agreement on behalf of the Town of Vail. 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this /Wh day of February, 1997. R bert W. Armour, Mayor ATTEST: pmaolp A4C Holly L. McCutcheon, Town Clerk GARESOLU97.3 EXCHANGE AGREEMENT This Exchange Agreement, made this—JJJ6 day of 6rjArq 1997 between the Town of Vail, a municipal corporation, whose ddress is 75 South Frontage Road, Vail, Colorado 81645, hereinafter referred to as the Landowner, and the United States of America, acting by and through the Forest Service, Department of Agriculture, in consideration of the appraisals by the parties hereto of the land or interest in land herein described and other good and valuable considerations, the receipt of which is hereby acknowledged, do hereby severally agree as follows: WITNESSETH: Pursuant to the General Exchange Act of March 20, 1922, as amended (42 Stat. 465) and the Act of October 21, 1976 (90 Stat. 2743), the Landowner does hereby agree to convey to the United States of America the real property described in Schedule "All enclosed hereto and made a part hereof. In exchange therefore, the United States of America agrees to convey to the Landowner by Patent issued by the Department of the Interior, the real property described in Schedule "B" enclosed hereto and made a part hereof. There will be no need to equalize values pursuant to Section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) since the values were determined to be equal. The agreed to values for this exchange are: Property of the Landowner: $4,502,000 Property of the United States: $4,502,000 First, the Landowner agrees to convey by Warranty Deed in accordance with Department of Justice standards when requested by the Forest Service, the lands or interest in lands described in Schedule "Al- to the United States of America and its assigns, together with necessary documents required to convey good title, free from all encumbrances except those set forth in Schedule "A." Second, the Landowner agrees to deliver all necessary docutnents to.the Forest Supervisor, white River National Forest, who will act as esdTow holder. Third, the Landowner agrees to furnish title evidence on the real propertydescribedinSchedule "A" in a form satisfactory to the Office of the General Counsel of the United States Department of Agriculture and pay any escrow expenses incurred herein. Fourth, the Landowner agrees to de -annex all remaining National Forest System land within the corporate boundary of the Town of Vail within one year of the closing of this land exchange. This paragraph ONLY of this Exchange Agreement shall survive closing until the de -annexation has occured and consititues a contractual obligation on the part of the Town of Vail. when title has been accepted by the Forest Service, the United States of America agrees to convey by patent the real property described in Schedule 11B," subject to any encumbrances noted therein. OMB No. 0596-0105 (05-31-98) 2 Both parties agree not to do, or su-ier others to do, any act by which the value of the real property which is the subject of the Agreement may be diminished or further encumbered. In the event any such loss or damage occurs from any cause, including acts of God, to the real property described in Schedules "A" or "B," prior to execution of deed or issuance of patent, either party may refuse without liability to complete the exchange. This Agreement will be terminated in the event that either party cannot convey a good and sufficient title to the real property agreed to be exchanged. This Agreement is legally binding on all parties, subject to the terms and conditions herein and may only be amended or terminated by mutual consent. Pursuant to an agreement between the Landowner and Vail Associates, Inc., the Landowner agrees to include a covenant in regard to ski area operations in all future conveyances of the Federal land (described as Lot 3, sec. 7, T. 5 S., R. 80 W., 6th P.M.) to be acquired by the Landowner. The specific language of the covenant shall be agreed to between the Landowner and Vail Associates, Inc. No member of Congress, or Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit that may arise therefrom unless it is made with a corporation for its general benefit (18 U.S.C. 431, 433), IN WITNESS WHEREOF, the Landowner, by;its duly authorized representative, and the Regional Forester, acting for and on behalf of the Forest Service, USDA, have executed this Agreement this day of , 19-. TOWN OF VAIL, a municipal corporation B'?: ITS: ti/ FOREST SERVICE U.S. DEPARTMENT OF AGRICULTURE By: - J/l akil, 41K - EL Z TH ES ILL Regional Forester Rocky Mountain Region, R-2 Public reporting burden for this collection of information is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Agriculture, Clearance Officer, OIRM, Room 404-W, Washington, D.C. 20250; and to the Office of Management and Budget, Paperwork Reduction Project (oMB NO. 0596-0105), Washington, D.C. 20503. ACh...JWLEDGMENT State of MOMC>f*O ) SS County of ) 3 On this LIM day of Fey, 1997, before me, K „ a Notary Public in and for said State, personally appeared 1612& as %l7M %G/d172 Q„L/ for the Town of Vai ipal corporation. hc IN WITNESS -WHEREOF, I hereunto set my hand HollyL MXu6r= 'TFOf: Co My Commission expires: Nnb ly Aft 75 S. FM" Rd. Vail, CO 81657 My Commisslon Expires 01107/99 ACKNOWLEDGMENT State of Colorado ) SS: County of Jefferson) On this J_qth day of 1997, before me, WJE DAMRna Notary Public in and for said State, personally appeared IN WITNESS WHEREOF, I hereunto set my hand and official seal. i E DAMRONARY PUBLICOFCOLORADONotaryPublicsignature My Commission expires: and:AI_ 4 i,_AEDULE A Lands, interest in lands, that the Landowner will convey to the United states of America: Fee title to the following lands in Colorado: Sixth Principal Meridian T. 5 S., R. 81 W. sec. 11, that portion of the NE1/4SE1/4 lying northerly of the northerly boundary lines of Vail Heights Filing No. 1, according to the Plat recorded June 25, 1969, in Book 215 at Page 438 and Resubdivision of Buffer Creek according to the Plat recorded October 8, 1963 at Reception #98077; and that portion of the SWI/4SE1/4 lying northerly and westerly of the north and west boundary of Vail Das Schon - Filing No. 2, according to the Plat recorded as Reception No. 110984.EXCEPT the following parcel: Beginning at the northwest corner of Lot 10 of Vail Das Schone Filing No. 2; thence N 01 degrees 51 minutes 10 seconds E 248.85 feet; thence S 88 degrees 08 minutes 50 seconds E 70.00 feet;. thence S 47 degrees 52 minutes 03 seconds E 181.47 feet to a point being the northeast corner of said subdivision Lot 10; thence along the north line of said Lot 10, S 59 degrees 36 minutes 06 seconds W 246.47 feet to the point of beginning; and LESS AND EXCEPT a 1.29 acres parcel to be donated by the Landowner see Schedule C attached hereto and made a part hereof); and sec. 14, Lots 16, 19, and 21. Containing an aggregate of 75.02 acres, more or less, in Eagle County. t _ Subject to: Reservations: 1. Reserving to the Landowner and its assigns, a right-of-way, for non -motorized traffic only, over the existing North Vail Trail, over and across Lots 16, 19, and 21, sec. 14, T. 5 S., R. 81 W., 6th P.M., the easement being 10 feet in width, lying equally on each side of the centerline. Outstanding Rights: I. Right of way for ditches and canals constructed by the authority of the United States as reserved in the United States Patent recorded August 3, 1976, in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 5 2. Right of way for distribution line purposes granted to Holy Cross Electric Association, Inc., its successors or assigns as set forth in the Patent recorded August 3, 1976 in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 3. Rights for an access road as granted to Community Television, Inc., its successors or assigns as set forth in the Patent recorded August 3, 1976, in Book 247 at Page 848 and rerecorded March 4, 1977 in Book 253 at Page 79. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 4. A perpetual exclusive easement to locate, construct, use control, maintain, improve, relocate, and repair a road as granted to the United States of America and its assigns in instrument recorded August 3, 1976 in Book 247 at Page 849. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) S. Water and water rights, ditch and ditch rights. 6. Right of a 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 August 22, 1900, in Book 48 at Page 236. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 7. Right of way for all water ditches crossing the described property together with the right of ingress and egress for the purpose of maintaining such ditches, as reserved in deed recorded in Book 188 at Page 225. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) G. Any tax, lien, fee or assessment by reason of inclusion of subject property in the Vail Metropolitan Recreation District, as evidenced by instrument recorded December 17, 1987, in Book 475 at Page 819 and February 2, 1989, in Book 499 at Page 683. (Affects T. 5 S., R. 81 W., sec. 14, Lots 16 and 19.) 9. Right of a proprietor of a vein or lode to extract and remove his ore therefrom should the be found to penetrate or intersect -the premises as reserved in United States Patent recorded October 4, 1918, in Book 93 at Page 301. (Affects T. 5 S., R. 81 W., sec. 14, Lot 21.) 10. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded October 4, 1918. in Book 93 at Page 301. (Affects T. 5 S., R. 81 W., sec. 14, Lot 21.) 11. Right of way easement as granted to Holy Cross Electric Association, Inc. in instrument recorded November 5, 1971, in Book 222 at Page 170. Affects T. 5 S., R. 81 W., sec. 14, Lot 21.) 12. Right of a 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 August 11, 1900, in Book 48 at Page 236. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11.) 13. Common access easement and water tank affecting subject property as shown on the recorded Plat of Vail Das Schone - Filing No. 2. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11). 6 14. Reservation of an undivided 1/2 interest in and to the oil, gas and mineral rights to the above described land as set forth in Warranty Deed recorded December 30, 1959, in Book 165 at Page 133. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11). 15. Lack of access to a public road or highway. (Affects a portion of the hereinbefore described land in T. 5 S., R. 81 W., sec. 11). 7 SCHEDULE B Lands, interest in lands, that the United States will convey to the Landowner: Fee title to the following lands in Colorado: Sixth Principal Meridian T. 5 S. R. 79 W. sec. 7, Lot 1; and sec. 18, Lot 9. T. 5 S., R. 80 W. sec. 2, Lots 1 and 3; sec. 4, Lot 1; sec. 7, Lot 3; sec. 9, Lots 2 and 3; and sec. 12, Lots 4 and 8. T_5 S. R. 81„W. sec. 1, Lot 23; sec. 11, a portion of Lot 13 appoximating the SE1/4SE1/4SE1/4SW1/4. Containing 62.268 acres, more or less, Eagle County. NOTE: The hereinbefore legal descriptions and the associated acres may change as a result of approval of Supplemental Plats issued by the USDI-Bureau of Land Management. This Exchange Agreement may be amended to any discrepancies as a result of the approved plats.) Subject to,: Reservations• 1. Reserving to the United States a right of way thereon for ditches and canals constructed by the authority of the United States Act of August 30, 1890 (43 U.S.C. 845). 2. Reserving to the United States and its assigns, a right-of-way for the existing road over and across Lot 9, sec. 18, T. 5 S., R. 79 W., 6th P.M., the easement being 20 feet is width, lying equally on each side of the centerline. 3. Reserving to the United States and its assigns, a right-of-way, for non -motorized traffic only, over the existing trail (Trail #2011) over and across Lot 1, sec. 2, T. 5 S., R. 80 W., 6th P.M., the easement being 10feetinwidth, lying equally on each side of the centerline. 8 4. Reserving to the United States and its assigns, a right-of-way, for non -motorized traffic only, over the existing trail over and across a portion of Lot 13, sec. 11, T. 5 S., R. 81 W., 6th P.M., the easement beingtofeetinwidth, lying equally on each side of the centerline. Provided, that if the Regional Forester determines that the roads or trails in paragraph numbers 2, 3, and 4, immediately above, or any segments thereof, are no longer needed for the purposes reserved, the easement shall be terminated. The termination shall be evidenced by a statement in recordable form furnished by the appropriate Regional Forester to the patentees/grantees or their successors or assigns in interest. 5. Reserving to the United States and its assigns, a right-of-way over and across Lot 3, Sec. 7, T. 5 S., R. 8o W., 6th P.M., to the junction with Forest Development Road #711 at the new forest boundary, the easement being22feetinwidth, lying equally on each side of the centerline. The right of way is presently provided on the existing Rockledge Road, and the northern end of Forest Development Road #711. If, in the discretion of the Landowner, it becomes necessary to relocate the existing Rockledge Road to create an 80 x 80 foot building site with at least 15,000 square feet of contiguous land area, both parties hereby agree that the location of the reserved right of way shall be moved. The Landowner agrees to provide notice of such relocation to the Forest service to allow consultation, and concurrence as to location, between the parties to a continued right of way to Forest Development Road #711. Said relocation of the right of way, and all related road construction costs, shall be at the expense of the Landowner. Provided, that if the Regional Forester determines that the road or any segments thereof, are no longer needed for the purposes reserved, the easement shall be terminated. The termination shall be evidenced by a statement in recordable form furnished by the appropriate Regional Forester to the patentees/grantees or their successors or assigns in interest. 6. Unless otherwise specified herein, the rights-of-way reserved herein may be relocated, at the patentee's/grantee's expense, by mutual agreement between the patentees/grantees, or their successors or assigns in interest, and the United States or its assigns and the execution of proper legal documents acceptable to the United States. Outstanding Rights: 1. Right of way Serial No. C-10482 issued to Colorado Department of Highways on October 15,1969, for Interstate Highway Project I-70-2(7)183. Affects T. 5 S., R. 80 W., sec. 2, Lot 3; sec. 12, Lots 4 & 8.) 2. Right of way Serial No. C-3.6413 issued to Colorado Department of Highways on May 14, 1982, for Interstate highway Project I-70-2(38), Affects T. 5 S., R. 79 W., sec. 7, Lot 1; and T_ 5 S., R. 80 W., sec. 12, Lot 8 . ) 9 3. Right of way issued to Eagle County Board of Commissioners on August 16, 1971, for Lions Ridge Subdivision Road, being 80 feet in width, lying 40 feet on each side of the centerline, as recorded. in Book 222 at Page 143 of the official records in Eagle County, Colorado. (Affects T. 5 S., R. 81 W., sec. 1, Lot 23.) Other: 1. Landowner shall execute, or cause its successors in interest to execute with respect to such land suitable easements or agreements in favor of the parties;now holding Forest Service Special Use Permits listed below. Said easements or agreements shall, as a minimum, authorize those rights, privileges, and obligations currently authorized by Forest Service Special Use Permits. A. Special Use Permit issued to Colorado RSA #3 Partnership through its General Partner, US West New Vector Group, Inc., dated May 1, 1994, for managing and operating communications uses (affects T. 5 S., R. 79 W., sec. 18, Lot 9.) B. Special Use Permit issued to Colorado High Country Cellular Limited Partnership (AKA Cellular one), dated May 1, 1994, for managing and operating communications uses (affects Parcel T. 5 S., R. 79 W., sec. 18, Lot 9.) C. Special Use Permit issued to Town of Vail, Dept. of Public Works, dated September 19, 1989 for constructing and maintaining a trench -berm (affects T. 5 S., R. 80 W., sec. 2, Lot 1.) D. Special Use Permit issued to Holy Cross Electric Assn., Inc., dated July 6, 1984, for operation and maintenance of a transmission line (affects T. 5 S. R. 80 W., sec. 7, Lot 3.) E. Special Use Permit issued to Holy Cross Electric Assn., Inc, dated July 9, 1984, for construction, operation, and maintenance of a transmission line (affects T. 5 S., R. 79 W., sec..18, Lot 9; T. 5 S., R. 80 W., sec. 2, Lots 1 & 3; sec. 7, Lot 3.) F. Special Use Permit issued to Vail Valley Consolidated Water District, (now Eagle River Water & Sanitation District), dated October 19, 1967, for construction, operation and maintenance of water and sanitation systems (affects T. 5 S., R. 80 W., sec. 2, Lot 1; sec. 7, Lot 3; and sec. 9, Lots 2 & 3.) G. Special Use Permit issued to Upper Eagle Valley Sanitation District (now Eagle River Water & Sanitation District), dated November 3, 1982, for construction, operation, and maintenance of buried sewerlines (affects T. 5 S., R. 80 W., sec. 9, Lots 2 & 3.) H. Master Permit issued to Mountain States T&T Co. (now US West Communications, Inc.), dated August 1, 1969, for operating and maintaining telephone and telegraph lines (aerial and buried cable) affects Parcels T. 5 S., R. 80 W., sec. 2, Lot 1; sec. 7, Lot 3; and sec. 9, Lots 2 & 3.) 10 I. Special Use Permit issued to Public Service Company of Colorado, dated March 2, 1988, for construction, operation, and maintenance of natural gas distribution pipelines and related facilities (affects T. 5 S., R. 80 W., sec. 2, Lot 3; sec. 7, Lot 3.) 2. The Forest Supervisor, White River National Forest, shall secure partial relinquishments/waivers of the Special Use Permits listed in #1 immediately above, upon execution of the easements or agreements by the Landowner. Such relinquishments may be in the form of a relinquishment document or permit amendment. 3. The Forest Supervisor, White River National Forest, shall secure partial relinquishments/waivers of the following Special Use Permits which do not require a replacement easement or agreement by the Landowner: A. Ski Area Term Special Use Permit issued to The Vail Corporation, dated November 23, 1993, for constructing, operating, and maintaining a winter sports resort. (Affects T. 5 S., R. 80 W., sec. 7, Lot 3.) B. Temporary Special Use Permit issued to Vail Recreation District, dated May 1, 1993, for outfitting and guiding services (Affects all land hereinbefore described.) 4. Patent shall be issued subject to the following covenant which shall run with the land: Grantee, their successors and assigns, doe hereby covenant and agree to refrain from the construction, erection or maintenance of any structures of any kind, filling of land, reduction in water supply or vegetal diversity, or modification of surface or subsurface flow paths on the acres of wetlands located within an area ten (10) feet above the normal high water demarcation along both banks of both tributaries of Booth Creek as measured along the slope of the land as well as the lands identified and delineated as wetlands. (Affects T. 5 S., R. 80 W., sec. 2, Lot 1.) (See Figure 5 entitled "Parcel S3 - Wetlands Delineated 10/31/9511, attached hereto and made a part hereof.) 5. Patent shall be issued subject to the following covenant which shall run with the land: Grantee, their successors and assigns, do hereby covenant and agree to refrain from the construction, erection or maintenance of any structures of any kind, filling of land, reduction in water supply or vegetal diversity, or modification of surface or subsurface flow paths on the acres of wetlands located within an area ten (10) feet above the normal high water demarcation along both banks of Red Sandstone Creek as measured along the slope of the land as well as the lands identified and delineated as wetlands. (Affects T. 5 S., R. 81 W., sec. 1, Lot 23.) (See Figure 4 entitled "Parcel S9 - Wetlands Delineated 10/31/9511, attached hereto and made a part hereof.) 11 6. Patent shall be issued subject to the following covenant which shall run with the land: Grantee, their successors and assigns, do hereby covenant and agree to refrain from the construction, erection or maintenance of any structures of any kind, filling of land, reduction in water supply or vegetal diversity, or modification of surface or subsurface flow paths on the lands identified and delineated as wetlands. (Affects. T. 5 S., R. 79 W., sec. 7, Lot 1.) (See Figure 3 entitled "Parcel S11 Wetlands Delineated 10/31/9511, attached hereto and made a part hereof. 12 SCHEDULE C Lands to be donated to the United States of America: Sixth Principal Meridian T. 5 S. R. 81 W. A parcel of land situated in the SW1/4SE1/4 of Section 11, Township 5 South, Range 81 West of the Sixth Principal Meridian, County of Eagle, State of Colorado, being more particularly described as follows: Beginning at a U.S. Forest Service aluminum cap on aluminum pipe stamped "AP PLS 18478, whence the U.S. G.L.O. brass cap for the South one-quarter corner of said Section 11 bears S.01051'1011W. a distance of 779.90 feet, thence N.01051110"E. 237.49 feet; thence S.88008150"E. 237.49 feet; thence 5.01051'1011W. 237.49 feet; thence N.8800815011W. 237.49 feet to the point of beginning. Containing 1.29 acres, more or less. Subject to: Reservations: None Outstanding Rights: None Other: 1. 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