TC Ord. No. 2007-12 Providing for the vacation of a portion of a roadway within riverfront subdivisionEAGLE COUNTY. CO 200728697
97
TEAK J SIMONTON
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TOWN OF AVON
ORDINANCE NO. 07-12
Series of 2007
q~f -~J
AN ORDINANCE PROVIDING FOR THE VACATION OF A
PORTION OF A ROADWAY WITHIN RIVERFRONT
SUBDIVISION
WHEREAS, The Town of Avon is the grantee of certain property within the Riverfront
Subdivision deeded to the Town for roadway purposes. The Town has determined that a portion
of the property received is outside of the platted boundaries of Riverfront Lane, is not necessary
for road purposes, and therefore should be vacated.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, AS FOLLOWS:
Section 1. Vacation. The Town hereby vacates that certain property described on
Exhibit A attached hereto and incorporated herein (the "Vacated Roadway"), pursuant to § 43-2-
303, C.R.S. The entirety of the Vacated Roadway is situated within the platted boundaries of
Lots 6 and 7, Riverfront Subdivision, according to the Final Plat recorded June 15, 2006,
Reception No. 200615950 in the office of the Clerk and Recorder, County of Eagle, State of
Colorado. Accordingly, pursuant to § 43-2-302(l)(a), C.R.S., title to the Vacated Roadway is
hereby vested in East West Resort Development XIV, L.P., L.L.L.P. as the owners of the land
abutting the Vacated Roadway, free and clear of all interests of the Town therein.
- INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 24th day of September, 2007, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 9th day of October, 2007, at 5:30
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
N OF AVpN l
~o C, ,
s onald 1CWolife, Mayor
ATTEST:
a,tl. c
Patty cI nn , o Clerk
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 9th day of October, 20
, Mayor
CO~L Ronald C. Wolfe
ATTEST: alA.
P tty c envy, Clerk
APPROVED AS TO FORM:
c
John . Dunn, Town Attorney
2
EXHIBIT A
(Vacated Roadway)
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98
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REC. $16.00 DOC: $
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Notice of Merger
This Notice of Merger ('Notice") is recorded this C day of October, 2007, by the
Town of Avon, a municipal corporation of the State of Colorado, ("Town"), as the owner
of that certain property legally described as follows:
Riverfront Lane
Riverfront Subdivision, according to the Final Plat recorded June 15, 2006,
Reception No. 200615950 in the office of the Clerk and Recorder,
County of Eagle
State of Colorado
("Riverfront Lane")
The Town is also a co-beneficiary of the Roadway, Utility and Drainage
Easement extending Rivertront Lane through Lot 6, Rivertront Subdivision (the
"Rivertront Lane Easement").
The Town obtained title to Rivertront Lane and the Rivertront Lane Easement by
dedication pursuant to the above described plat of the Rivertront Subdivision (the "Plat
Dedication"). On September-, 2007, a quitclaim deed from the Union Pacific Railroad
("UPRR") to the Town was recorded at Reception No.
(the "Quitclaim Deed"). The purpose of the
Quitclaim Deed was to clear an alleged cloud from title to that portion of Rivertront Lane
and the Rivertront Lane Easement described on Exhibit A attached hereto (the
"Quitclaim Title").
It is the Town's express intent that the Quitclaim Title shall and hereby does
merge into the title already held by the Town pursuant to the Plat Dedication, such that
the quality and nature of the Town's title to Rivertront Lane and the Rivertront Lane
Easement shall be as described on the Final Plat of the Rivertront Subdivision, as
amended from time to time, and nowhere else.
IN WITNESS WHEREOF, the Town has executed this Notice of Merger on the
date first set forth above.
-NOF AVpN TOWN OF AVON, a municipal corporation of
the State~o Co rado
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onald C. Wolfe, Mayor
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Patty en y, Town
STATE OF COLORADO )
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The foregoing instrument was acknowledged before me this 10- day ofd
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Avon, a municipal corporation of the State of Colorado, for and on behalf of the Town.
Witness my hand and official seal.
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MEMORANDUM
TO: TOWN COUNCIL
FROM: TOWN ATTORNEY
RE: VACATION OF LAND ACQUIRED FROM UNION PACIFIC
DATE: September 25, 2007
On the Council agenda is an ordinance providing for the vacation of land acquired
from the Union Pacific Railroad located within the Riverfront Subdivision. Following the
ordinance is a Notice of Merger which reflects that the property acquired from the railroad will
merge into the title of the property interests dedicated by the plat of Riverfront Subdivision. Both
the ordinance and the Notice of Merger are presented to Council to implement a settlement
agreement entered into among the Town, East West Resort Development XIV, Confluence
Metropolitan District and the Union Pacific Railroad.
Back og und.
East West Resort Development XIV, L.P., L.L.L.P., ("EWRD") is the developer of
the Riverfront Subdivision, as more particularly described on the Final Plat of Riverfront
Subdivision, recorded June 15, 2006, in the Office of the Clerk and Recorder of Eagle County. The
Subdivision is accessed via a public road located within Riverfront Subdivision, the majority of
which was dedicated to the Town as "Riverfront Lane" and the remainder of which was dedicated
to the Town as a "Roadway, Utility and Drainage Easement", each as depicted on the Final Plat
(that easement is depicted on Exhibit A to the ordinance as the shaded area to the west of the cul de
sac at the west end of Riverfront Lane).
EWRD's dedication of Riverfront Lane to the Town was intended to be free and
clear of any third party claims. However, subsequent to the approval and recording of the final plat,
the Union Pacific Railroad Company ("UPRR") made a claim that its right-of-way extended an
additional 50 feet to the south within the platted boundaries of Riverfront Lane. The Town and
EWRD disputed the UPRR's claims of ownership to the 50 foot strip, but the UPRR's claims
created a cloud on title to Riverfront Lane as well as Lots 6 and 7 within Riverfront Subdivision.
In order to clear title to Riverfront Lane, Confluence Metropolitan District ("CMD")
filed a condemnation action in Eagle County District Court, which was removed by the UPRR to
federal court. After extensive negotiation, the UPRR agreed to settle the condemnation case, but
only if, as one element of the settlement, the Town agreed to purchase the entirety of the 50 foot
strip, including that portion falling outside of the platted boundaries of Riverfront Lane. The
Town, CMD and the UPRR thereafter entered into a settlement agreement, pursuant to which the
UPRR quitclaimed its alleged interest in the entirety of the 50 foot strip to the Town for roadway
purposes (federal law requires that any conveyance of railroad right-of-way be to a governmental
entity for roadway purposes).
In conjunction with the settlement with the UPRR, EWRD and the Town entered
into a separate agreement pursuant to which EWRD funded the Town's acquisition of the 50 foot
strip from the UPRR. In exchange for funding the Town's acquisition of the 50 foot strip, the
Town agreed to vacate and disclaim any interest in that portion of the 50 foot strip which is outside
of the platted boundaries of Riverfront Lane and therefore not necessary for road purposes.
Discussion.
The authority of the Town to vacate property acquired for roadway purposes is
contained in state statute at C.R.S. 43-2-303. That authority is unrelated to and not subject to the
restrictions on sale of municipal property contained in the Town's charter.
C.R.S. 43-2-302(1)(a) provides that, when the roadway vacated is the exterior
boundary of a subdivision, title vests in adjacent landowners to.the same extent that the land
included within the roadway was a part of the subdivided land or adjacent land. Therefore, if the
ordinance is adopted, the vacated piece will be owned by EWRD as the owner of that land before
the plat was recorded. The Notice of Merger confirms the intent of the Town that the portion
vacated is not a new property interest but instead merges into the property interest evidenced by the
plat.
The Notice of Merger was prepared by EWRD's attorneys and approved by the
Town Attorney. The ordinance was a collaborative effort of EWRD's attorneys and the Town
Attorney.
Recommendation.
It is requested that the ordinance be adopted on first reading and scheduled for
second reading on October 9. It is further requested that, if the ordinance is adopted on second
reading, the form of the Notice of Merger be approved by motion.
JWD:ipse
1-.
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TOWN OF AVON
ORDINANCE NO. 07-
Series of 2007
AN ORDINANCE PROVIDING FOR THE VACATION OF A
PORTION OF A ROADWAY WITHIN RIVERFRONT
SUBDIVISION
WHEREAS, The Town of Avon is the grantee of certain property within the Riverfront
Subdivision deeded to the Town for roadway purposes. The Town has determined that a portion
of the property received is outside of the platted boundaries of Riverfront Lane, is not necessary
for road purposes, and therefore should be vacated.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, AS FOLLOWS:
Section 1. Vacation. The Town hereby vacates that certain property described on
Exhibit A attached hereto and incorporated herein (the "Vacated Roadway"), pursuant to § 43-2-
303, C.R.S. The entirety of the Vacated Roadway is situated within the platted boundaries of
Lots 6 and 7, Riverfront Subdivision, according to the Final Plat recorded June 15, 2006,
Reception No. 200615950 in the office of the Clerk and Recorder, County of Eagle, State of
Colorado. Accordingly, pursuant to § 43-2-302(1)(a), C.R.S., title to the Vacated Roadway is
hereby vested in East West Resort Development XIV, L.P., L.L.L.P. as the owners of the land
abutting the Vacated Roadway, free and clear of all interests of the Town therein.
INTRODUCED, APPROVED, PASSED ON FIRST READING AND
ORDERED POSTED the 24th day of September, 2007, and a public hearing on this ordinance
shall be held at the regular meeting of the Town Council on the 9th day of October, 2007, at 5:30
P.M. in the Council Chambers, Avon Municipal Building, 400 Benchmark Road, Avon,
Colorado.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
3
INTRODUCED, FINALLY APPROVED, PASSED ON SECOND READING
AND ORDERED POSTED the 9th day of October, 2007.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
APPROVED AS TO FORM:
John W. Dunn, Town Attorney
2
4
EXHIBIT A
(Vacated Roadway)
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Notice of Merger
This Notice of Merger ("Notice") is recorded this _ day of October, 2007, by the
Town of Avon, a municipal corporation of the State of Colorado, ("Town"), as the owner
of that certain property legally described as follows:
Riverfront Lane
Riverfront Subdivision, according to the Final Plat recorded June 15, 2006,
Reception No. 200615950 in the office of the Clerk and Recorder,
County of Eagle
State of Colorado
("Riverfront Lane")
The Town is also a co-beneficiary of the Roadway, Utility and Drainage
Easement extending Riverfront Lane through Lot 6, Riverfront Subdivision (the
"Riverfront Lane Easement").
The Town obtained title to Riverfront Lane and the Riverfront Lane Easement by
dedication pursuant to the above described plat of the Riverfront Subdivision (the "Plat
Dedication"). On September 2007, a quitclaim deed from the Union Pacific Railroad
(".UPRRto the Town was recorded at Reception No.
(the "Quitclaim Deed"). The purpose of the
Quitclaim Deed was to clear an alleged cloud from title to that portion of Riverfront Lane
and the Riverfront Lane Easement described on Exhibit A attached hereto (the
"Quitclaim Title").
it is the Town's express intent that the Quitclaim Title shall and hereby does
merge into the title already held by the Town pursuant to the Plat Dedication, such that
the quality and nature of the Town's title to Riverfront Lane and the Riverfront Lane
Easement shall be as described on the Final Plat of the Riverfront Subdivision, as
amended from time to time, and nowhere else.
"r
IN WITNESS WHEREOF, the Town has executed this Notice of Merger on the
date first set forth above.
TOWN OF AVON, a municipal corporation of
the State of Colorado
Bv:
ATTEST
Ronald C. Wolfe, Mayor
Patty McKenny, Town Clerk
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before.me this day of September,
2007, by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of
Avon, a municipal corporation of the State of Colorado, for and on behalf of the Town.
Witness my hand and official seal.
My commission
expires:
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Notice of Merger
This Notice of Merger ("Notice") is recorded this day of October, 2007, by the
Town of Avon, a municipal corporation of the State of Colorado, ("Town"), as the owner
of that certain property legally described as follows:
Riverfront Lane
Riverfront Subdivision, according to the Final Plat recorded June 15, 2006,
Reception No. 200615950 in the office of the Clerk and Recorder,
County of Eagle
State of Colorado
("Riverfront Lane")
The Town is also a co -beneficiary of the Roadway, Utility and Drainage
Easement extending Riverfront Lane through Lot 6, Riverfront Subdivision (the
"Riverfront Lane Easement").
The Town obtained title to Riverfront Lane and the Riverfront Lane Easement by
dedication pursuant to the above described plat of the Riverfront Subdivision (the "Plat
Dedication"). On Septemberfq, 2007, a quitclaim deed from the Union Pacific Railroad
("UPRR") to the Town was recorded at Reception No.
4 o0?,?.GtG 3 (the "Quitclaim Deed"). The purpose of the
Quitclaim Deed was to clear an alleged cloud from title to that portion of Riverfront Lane
and the Riverfront Lane Easement described on Exhibit A attached hereto (the
"Quitclaim Title").
It is the Town's express intent that the Quitclaim Title shall and hereby does
merge into the title already held by the Town pursuant to the Plat Dedication, such that
the quality and nature of the Town's title to Riverfront Lane and the Riverfront Lane
Easement shall be as described on the Final Plat of the Riverfront Subdivision, as
amended from time to time, and nowhere else.
IN WITNESS WHEREOF, the Town has executed this Notice of Merger on the
date first set forth above.
A
�OF AVO
S E A L.
y, Town
STATE OF COLORADO )
ss
TOWN OF AVON, a municipal corporation of
the Stated rado
B
onald C. Wolfe, Mayor
COUNTY OF (Dc --f -;b
The foregoing instrument was acknowledged before me this 10 day of
2007, by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of
Avon, a municipal corporation of the State of Colorado, for and on behalf of the Town.
Witness my hand and official seal.
My commission
expires:
*Con>mift Expires 07/1812009
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