Loading...
HomeMy WebLinkAbout1977-12 Authorizing to Execute a Deed to Manor Vail Condominium Association for a Parcel of Public Property Upon Certain Conditions and Restrictionsi , w A' RESOLUTION NO. ~~ Series of 1977 A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A DEED TO MANOR VAIL CONDOMINIUM ASSOCIATION FOR A PARCEL OF PUBLIC PROPERTY UPON CERTAIN CONDITIONS AND RESTRICTIONS, AND DIRECTING THE ACTING TOWN CLERK TO ATTEST TO THE SAME. WHEREAS, the Town of Vail owns certain property designated as a street which runs through the center of the Manor Vail Condominium property; and, WHEREAS, the Manor Vail Condominium Association has proposed to landscape and maintain said property; and WHEREAS, the Town Council is of the opinion that said area should be landscaped and used for public pedestrian access to Gerald R. Ford Park; NOW, T~#EREFORE, it is hereby resolved by the Town Council of the Town of Vail, Colorado that: 1) The conveyance of that public property designated as a street through the Manor Vail Condominium property is hereby approved, provided, however, that said conveyance is conditioned upon the fallowing: a} Public pedestrian and utility access easement shall be provided across said property. b) Appropriate signs sha11 be provided by Manor Vail to inform the public that the area is open to the public for access to Gerald R. Ford Park. c) Landscaping and improvements sha11 be constructed by Manor Vail in accordance with the plans approved by the Council. d) All signs erected on the property shall be approved by the Design Review Board. e) The area may not be used by Manor Vail or its successors to determine GRFA. Res.Page 2 4 f) Manor Vail. has agreed to grant to the Town of Vail an easement adequate for the installation of a sewer line to serve Gerald R. Ford Park, and in addition thereto, has agreed to replace any landscaping previously done by Manor Vail up to the amount of X20,000 that may have been misplaced by the Town's work in installation of that sewer line. 2} The Town Manager is hereby authorized to execute the conveyance of that public property designated as a street through the Manor Vail Condominium property to the Manor Vail Condominium Association, and the Acting Town Clerk is hereby authorized to attest to the same. INTRODUCED, READ, APPROVED, AND ADOPTED, this 21st day of June, 1977. ATTEST : ~-.'~•~.- r..._~ _.-_.____..._.._~r, _~_ Act~g Town Clerk ~--,.. w J P~ANOR VAIL STREET VACATION Hearing before the Vail Town Council June 21, 1977 7:30 P.M. TU'~~'~~ 'ill, l" C ..f"b ~,~.f?~~~ t,l\, j'.~`lii1~ f4} ~S,J~~~~:-. F~1~.f~~ ~l~frs r~~ itr~~ Donovan: I disagree. I disagree 1008. T~e.'re ta1~1~ih~ , the dedication of the street to Manor Vail, and I think its an excellent proposal, and I've seen their plans - excellent plans to make a beautiful walkway. At this time - today - we do not know the cost of the line. Kent talks about shoring up 3 or 4 foot wide cut that goes 24 feet deep. Obviously, the cost of shoring up a cut that goes to that depth vs. laying it back could be a substantial amount - and to replace who's landscaping? The landscaping he's going to put on Town property? T~hich is fine. T think he should do it, or on his own property. But at this time I'm not ready to commit to vacating the street when at some date we might want to come right down the middle and lay it back in order to save the Town, and T'm talking hundreds of thousands of dollars, because if anyone in this audience is knowledgeable, they know that when you go 24 feet deep, and you lay it back 50 feet, that you're talking about very expensive building. And if we start ripping out Dick's landscaping, which is on our property which we have bequeathed him tonight, I think we have a very serious problem. As the Attorney outlined, T agree with that - that an agreement can be reached within the next few weeks, and T don't think it should take any Longer than that, that Manor Vail agrees that the cost of replacing this planter box or that planter box, that this can be reached, then I'm all far it. But at this stage to commit the public property to a private individual to landscape and then say that at some later date we may have to rip it up and the public will have to pay for it, I think we're makine~ a serious error. C~rilto: Kent, I have a question. That cut that would have to be 24 feet - for what distance would it have to be at that depth? Rose: That's hard to answer without really looking at it. I think we're probably talking from the Tn]ren over to the bridge, a total of about 400 to 500 feet. That type of sewer put in around here anywhere from maybe $12 to about $15 to $16 a foot. That's assuming a standard cut from about 5 to 8 feet, so we're looking at a 20 foot cut, say for 2/3 of that area. I, just off the tap of my head, can't imagine that it would be more than $40 a foot for the 400 to 500 feet, average, so we're talking maybe in the range of $16,D00 to $20,000 to do that kind of work. Wilto: But it would have to be approximately 20 feet deep for 2/3 that distance? Rose: Yes. I think sa. An average of 20 feet, maybe up to 22, and until you get very close to the bridge, probably 15 or 16 feet and then pretty quick in the last 50 to 75 feet. Elias: May I just add - I think that puts a little better perspective. I was aghast late tonight when T heard 100,000 thrown around. We've relocated electric, gas, telephone Lines far a great many feet of that distance, for $15,000. So, I hate to disae~ree with John Donovan because he, in essence, agrees with MANOR VATL STREET VACATION Page 2/Transcript Elias, cont.: the project, but I think he's overstating the potential liability to the Town. And, if we don't know at this stage in our growth in this Village what it costs to do certain things like that, and~I think the other Councilmen should be aware that I think that's somewhat an exaggerated amount at this point. Donovan: Dick, I'm not sa much worried about cost. I guess I am worried about cost - I worry about when we start tearing out your property that we give you tonight. I worry about who's going to replace that. You may have a fountain; or you may have a very attractive rock wall, planter, and if we determine at that time that we have to go through that, who replaces it? And who's cost to replace it? I think that, unfor- tunately, youu have a deadline of Tuesday or Monday or whatever you mentioned. Unfortunately, these questions haven't been resolved. If we could resolve them before then, T'd be 100. Before I give away the public's property to private enterprise and then have to come back and literally have to buy it back a year or two from now, I would like these questions answered. Elias; T^Tell, unfortunately, I've worked an this for almost 2 years I want the public and the Councilmen to understand there was Donovan: I agree. Elias: And at work session, I wasn't confronted with any problems, and today I found out about it at 400. So, fine, I can on that part of the project. We can sit there with the Anthalz for another 4 years, because what we're trying to do, I'll guarantee you, we can solve those kind of problems later down the road with this agreement. I can't see that with the expertise this Street Department has shown in the Village in 9 years, it's going to run into those kinds of complicated problems. And I've stated that if it's less than 25~ here tonight, which can be further negotiated ~ if it's less than 25~ of that landscaped area that we put in, we will hold you harmless in replacing that landscaping. Donovan: 25~ of what figure? Elias: 25~ of the total Landscaping. Donovan: That's the figure I'm asking - what figure? Elias: It's $80,000. But, if it's 2 years down the road for the replacement of that, it would be 25~ of the land- scaped area, whatever the cast may be dawn the road. And, you know, that's fair. Donavan: That somewhat satisfies my concern that he's willing to foot the cost of replacing his landscaping up to to the tune of $20,000. Staufer: I think that, you know, Dick is right to some extent. This has been negotiated for the last - well, not negotiated, but it has been on the boards for the last 2 or 3 years. Tie all felt that it is a good approach to let private dollars pay for the landscaping that we want over there. Sure, the landscaping will be MANOR VAIL STREET VACATION Page 2/Transcript Staufer, cont.:around Manor Vail, and it doesn't harm them any either, you know. But, we wanted an approach from Golden Peak to Ford Park; we wanted to spend major dollars there. And T remember that at one point we were talking about Town's money there.spending $30,000, $0,000 of the Now, by vacating that street to them, we get $80,000 worth of private money spent there. So, I think it's a very good trade-off there. We're not giving the property away. ~~Te're selling it at 1/2 an acre or 1/4 an acre - whatever it happens to be - at $80,000, and we don't put the landscaping in, you know, which we planned to do. In addition to that, we do have a pedestrian right-of-way through there, and right in the Resolution it says that we shall remain a utility access - we shall remain in possession of a utility access. 5o I don't think. so far we're all right. Now, the concern is if we have $16,000 or $20,000 to put utilities, a sewer, to Ford Park prior to the lst of June, next year. If we want to put utilities into the Ford Park, we better put them in prior to next year, because we've other things planned for over there, and things are going on, and things are happening over there. So I think we have to put the sewer in, and water is over there now, and it just can't be put to all the extensive use we want to put it to unless we do put sewer in there. So I think that if we all agree sewer should be put over there, we'll just have to agree that we ought to do it before the 1st of June next year, then we have no problem. And I think we can overcome that and go ahead and not throw the whole project out because we are not sure one way or another whether we can build a sewer line for $15,000 or $20,000. I don't think we should throw an $80,000 project out and throw it away because of the gamble of whether we will be able to or not be able to put a $16,000 sewer line in by next June. Dobson:Ok, Joe. Are there any other c~~~u~~ents from Council? Are there any comments from the Floor? Then, Larry. you have, I think, two basic recommendations or suggestions as far as Council action is concerned. Would you like to outline them? Maybe you only had one. Rider:I just suggested that there would be an alternative way to do this - approve the Resolution as written, subject to the Town Manager and Town Engineer working out an acceptable agreement with Mr. Elias. The second alterna- tive would be to in fact amend the Resolution to add a subparagraph 1(e) that says the conveyance is subject to the condition that an adequate utility easement be provided across the property as outlined by the Town Engineer. So it's one and the same really except that one you're actually putting in the Resolution, and the other one you're just giving the Town Manager the authority to go out and negotiate that provision. Dobson:OK, then I'd entertain a motion from Council on one or the other of those alternatives. Donovan:I would like to introduce into the Resolution an additional paragraph that says that Manor Vail is in agreement to replace personally destroyed landscaping up to the tune of $20,000. If we destroy their property. . Dobson: Wait a minute. If the work did not take place until after they had installed that landscaping. Does that fallow, Dick? MANOR VAIL STREL'T VACATION Page 4/Transcript Elias:Yes. That's fine. Dobson:OK. Donavan:I make a motion to approve Resolution No. 12 as outlined by the Town Attorney and as modified by myself. Staufer:Second. Ruder:i have a question. Which way would you want it to read, John _ as subparagraph 1(f} or what? Dobson:OK, which ane do you want? Ruder:Do you want to put the things into the Resolution, or do you want to put it that the Tawn Manager and the Town Engineer would negotiate? Donavan:T want it part of the Resolution. Ruder:As subparagraph Z{f}. Dobson:OK, Larry, have you got all those notes? Larry, will you incorporate John's suggestion ane more time in a suggested motion? Rider:1(f), all right, The motion would be the approval of Resolution No. 12 with the amendment by the addition of paragraph 1(f) that would provide that Manor Vail shall provide to the Town of Vail an easement adequate for the installation of a sewer line to serve Gerald R. Ford Park, and in addition thereto, to agree to replace any landscaping up to the amount of $20,000 misplaced by the Town's work in installation of that sewer line. Dobson:OK. John, is that acceptable? Donovan:That's perfect. Dobson:So, you make that motion, ok? Donavan:So move. Staufer:Second. Dobson:Moved by Mr. Donovan; seconded by Mr. Staufer. Any further c,,,~u~~ents? ~tf not, all those in favor, All: Aye. Dobson: Opposed? {none} Stands approved. finis ~ s~jm