HomeMy WebLinkAboutRelease-Declaration of Covenant - recorded copyEagle County, CO 201403954
Teak J Simonton 03/13/2014
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AFTER RECORDING RETURN TO:
James R. Wear, Esq.
Sherman & Howard L.L.C.
37347 Highway 6, STE. 210
PO Drawer 5559
Avon, CO 81620 -5559
RELEASE OF DECLARATION OF COVENANT
This RELEASE OF DECLARATION OF COVENANT (this "Release") is made as of
MA gt-h 10, 2014 (the "Effective Date ") by the TOWN OF VAIL, a Colorado home rule
municipality with a legal address of 75 South Frontage Road, Vail Colorado 81657 (the
"Town ").
WHEREAS, that certain Declaration of Covenant, recorded on October 6, 1978 at
Reception No. 172727 in the Eagle County Clerk and Recorder's Office (the "Covenant "),
encumbers the real property located at 100 Vail Road, in Eagle County, Colorado, which is more
particularly described as Lot 35, Block 7, Vail Village First Filing (the "Property"). A copy of
the Covenant is attached hereto as Exhibit A.
WHEREAS, on February 18, 2014, the Vail Town Council (the "Council "), in
consideration of the conflict between the Covenant's use restriction and current zoning
classifications, zoning procedures, and density concerns, duly made, seconded, and unanimously
carried a motion to approve the Property owner's request to remove and vacate the Covenant.
NOW, THEREFORE, the Town, being the sole beneficiary of the Covenant, hereby
releases, removes, vacates, and terminates the Covenant. From and after the Effective Date, the
Covenant shall be null and void and shall have no further force or effect on the Property or
otherwise. The Town acknowledges that upon executing this Release, the Town shall have
waived the benefits of the Covenant and all rights associated with it.
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B US_RE /5140034.1
Willi J. Dord, TnMm of the Wfflim I Dor6 Living % = the owner of the Property,
hereby AngrMmAO to 1 terms of the Release cif Decalarmion of Covenant and to the nullf ation,
val, and v 'on of the CovcnaM
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201403954
MY hand and official teal.
asion expires: O-k '
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EXHIBIT A
Declaration of Covenant
(See Attached)
201403954
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201403954
rtte ivzegoing fns- Luittenrc was acxnow.Leagea nezore me
this %S�' day of May, 1978, by Elizabeth M. Webster.
Witness my hand and official seal,
M, CATHLEEN WEISS
y.,QOmmission expires: 1{GTARY PUBLIC OF NfW JERSEY
�' EzpfRS November 6, 1978
STATE OIL COLORADO
County of EAGLE sk
1 hereby certify that �t,s Instiiunent tas
Pled fa fern*d --n m„
OCT 197
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_M0 CwkzjV sod nvoidsd
i s. 6AF , County *k RwWst .