HomeMy WebLinkAbout2018-08 Authorizing the Purchase and Accepting Deed for Lot 1, Bighorn Subdivision Second AdditionRESOLUTION NO. 8
SERIES 2018
A RESOLUTION OF THE VAIL TOWN COUNCIL AUTHORIZING THE
PURCHASE AND ACCEPTING A DEED FOR LOT 1, BIGHORN
SUBDIVISION SECOND ADDITION
WHEREAS, the Town wishes to acquire certain property located at the corner of
Bighorn Road and Bridge Road in East Vail and legally described as Lot 1, Bighorn
Subdivision Second Addition, Town of Vail, County of Eagle, State of Colorado (the
"Property");
WHEREAS, the Town Council has determined that there is a compelling public
need and purpose to acquire the Property; and
WHEREAS, the Town Council has negotiated a purchase price of $150,000 for the
Property.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. The Town hereby authorizes the purchase of the Property for
$150,000 and accepts a deed for the Property in substantially the form attached hereto
as Exhibit A and in a form approved by the Town Attorney.
Section 2. This resolution shall be effective immediately.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 6th F-br a i 2018.
e Chapin, ayor
Clerk
Resolution No.
1
Filed for Record at Request of and
Copy returned to:
Kendra L. Carberry
Hoffmann, Parker, Wilson & Carberry, P.C.
511 16th Street, Suite 610
Denver, Colorado 80202
SPECIAL WARRANTY DEED
For good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the undersigned, CHLOE HELD MORAN, TRUSTEE OF THE CHLOE HELD
MORAN REVOCABLE TRUST U/A DATED SEPTEMBER 29, 2003 ("Grantor"), whose
address is 358 Ferndale Rd. S., Wayzata, MN 55391, hereby grants, sells, and conveys to the
TOWN OF VAIL, a Colorado home rule municipality ("Grantee") whose address is 75 South
Frontage Road, Vail, Colorado 81657, that certain real property described on Exhibit A attached
hereto and incorporated herein by this reference, together with all improvements located thereon
(the "Premises").
AND GRANTOR for itself, its successors and assigns, does hereby covenant and agree
that it shall and will WARRANT AND FOREVER DEFEND the above -bargained Premises in
the quiet and peaceable possession of Grantee, its successors and assigns, against all and every
person or persons claiming the whole or any part thereof, by, through or under Grantor,
SUBJECT ONLY TO those matters of public record and as set forth on Exhibit B attached
hereto and incorporated herein by this reference (the "Permitted Exceptions").
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IN WITNESS WHEREOF, the undersigned has executed this Special Warranty Deed as
of this day of , 2018.
STATE OF COLORADO
COUNTY OF
By:
) ss.
GRANTOR:
CHLOE HELD MORAN, TRUSTEE OF THE
CHLOE HELD MORAN REVOCABLE TRUST
U/A DATED SEPTEMBER 29, 2003
CHLOE FIELD MORAN, TRUSTEE
The foregoing instrument was acknowledged before me this day of
2018, by Chloe Held Moran, as Trustee of Chloe Held Moran Revocable Trust U/A Dated
September 29, 2003, Grantor.
Notary Public
My commission expires:
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WARRANTY DEED -A013118. DOCX
Exhibit A
To Special Warranty Deed
(Legal Description)
LOT 1, BIGHORN SUBDIVISION, SECOND ADDITION ACCORDING TO THE PLAT
RECORDED JULY 22, 1963 UNDER RECEPTION NO. 97704, COUNTY OF EAGLE,
STATE OF COLORADO.
LESS AND EXCEPT THAT PORTION OF LOT 1 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SECTION 11, TOWNSHIP 5
SOUTH, RANGE 80 WEST, FROM WHICH THE NE CORNER OF SECTION 11
BEARS N. 90°43'29" E. A DISTANCE OF 1,040.6 FEET; THENCE S. 46°29'37" E. A
DISTANCE OF 211.4 FEET; THENCE N. 55°56'52" W. A DISTANCE OF 259.4 FEE TO
THE NORTH LINE OF SECTION 11; THENCE ALONG THE NORTH LINE OF
SECTION 11 M. 89°43'29" E. A DISTANCE OF 61.6 FEET, MORE OR LESS, TO THE
POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO.
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Exhibit B
To Special Warranty Deed
(Permitted Exceptions)
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by
an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and
not shown by the Public Records.
5. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result
in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by
the Public Records.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) water rights, claims or title to water.
7. RIGHT OF 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 APRIL 28, 1900, IN BOOK 48 AT PAGE 477.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 28, 1900, IN BOOK 48 AT PAGE
477.
9. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP,
FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID
COVENANT(A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B)
RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAP PERSONS, AS CONTAINED
IN INSTRUMENT RECORDED DECEMBER 20, 1962, IN BOOK 174 AT PAGE 403 AND AS AMENDED IN
INSTRUMENT RECORDED SEPTEMBER 19, 1963, IN BOOK 175 AT PAGE 257.
10. A TEN PERCENT NON -PARTICIPATING ROYALTY IN AND TO THE PROCEEDS DERIVED FROM THE
SALE OF MINERALS, ETC., PRODUCED AND MINED FROM SAID PREMISES, ALL AS SET FORTH AND
RESERVED IN INSTRUMENT RECORDED NOVEMBER 2, 1962 IN BOOK 166 AT PAGE 407.
11. EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF BIGHORN SUBDIVISION, SECOND ADDITION RECORDED JULY 22, 1963 UNDER RECEPTION NO. 97704.
12. TERMS, CONDITIONS AND PROVISIONS OF CLAIM OF EASEMENT RECORDED OCTOBER 21, 1994 AT
RECEPTION NO. 549231.
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